Beneath the office of the president . The approach is not working, young people are not signing up, young people dont like it. The administration will not guarantee security. Your i. D. Is going astray. Obamacare is sliding ever deeper into chaos, but apple, the exact opposite. It signed a deal that opens up the fast china smart phonee market and the stock is going straight up almost like the good old days. Dont ignore the good news, 3. 6 Economic Growth in the summer quarter. Jobless claims below 300,000, but wouldnt you know it, stocks are down. Stay right there, im also going to make some waves later this hour over the Martin Bashir disgrace. Varney company is about to begin. Trading inspires your l. Tdd 18003452550 life inspires your trading. Tdd 1803452550 where others see fads. Tdd 18003452550. You see opportunities. Tdd 18003452550 at schwab, were here to help tdd 18003452550 turn inspiration into action. Tdd 18003452550 we have intuitive platforms tdd 18003452550 to help you discover whats trending. Tdd 18003452550 and seasoned market experts to help sharpen your instincts. Tdd 18003452550 so you can take charge tdd 18003452550 of your trading. Tdd 18003452550 so you can take charge every day were working to and to keep our commitments. And weve made a big commitment to america. Bp supports nearly 250,000 jobs here. Through all of our energy operations, we invest more in the u. S. Than any other place in the world. In fact, weve invested over 55 billion here in the last five years making bp americas Largest Energy investor. Our commitment has never been stronger. I put my personal information on the website when i was trying to look for information and i was very confident. Stuart is it secure . I was confident. Is it secure . I dont run it today. That was esekial emanuel one of the architects of it on the program yesterday. He would not answer the question, he asked him three times. But last night on hannity we got an answer from one of the hackers who tested the security of the site. If you were to rate on a scale one to ten amazon in terms of their securitiment ten being the best and greatest security. I would say amazon does a great job. Probably a ten. What would you rate healthcare. Gov. About a one or two from a security perspective. Stuart oh, the obamacare Website Security emerging as a key issue today. In the next hour, the top trial lawyer in the country weighs in. Who can you sue if your identity gets stolen as a result of healthcare. Gov. According to the Government Accountability institute, Kathleen Sebelius personally in charge of obamacare had only one, one, facetoface meeting with president obama in the past three and a half years. Thats it. And were also following apple, breaking through the great wall of china, signing a deal that opens up 700 million potential iphone customers with china mobile. We had one stock picker saying the stock would go back to 700 a share and where will the stock open today . You will know moments from now. So i can reach ally bank 24 7, but there are no branches . 24 7. Im sorry, im just really reluctant to try new things. Really . Whats wrong with trying new things . Look mommys new vacuum cat screech you feel that in your muscles . I do. Drink water. Its a long story. Well, not having branches lets us give you great rates and service. Id like that. A new way to bank. A betterer way to save. Ally bank. Your money needs an ally. Yep. Got all the cozies. [ grandma ] with n fedex one rate, i could ll a box and ship it r one flat rate. So i kn untilt was full. Youd be crazy not to. Is tt nana . [ male announcer ] fedex one rate. Simple, flat rate shipping with the reliability of fedex. Take the last train to clarksville and ill meet you at the station thats a good one. Somebody who says that j. C. Penney is on an express train to oblivion. Thats his word. Its one of Charles Paynes pick. Our guest obviously thinks otherwise. The fast train to oblivion and makes his case in a couple of minutes. Coming up the opening bell on wall street, Scott Shellady from chicago. 3. 6 growth in economy. Jobless claims below 300,000, what is this, new strength in america . Were going to have to go, the fed said over and over again were going to need to see three or four months of good economic figures. Let me make it as simple as possible. The battle, the war next year, the wages fought on this floor and wall street is between two calms. Those that think that qe is responsible for the rise in equity prices and those that think the economy is improving and justifies the rise in equity prices. Theyre going to battle it out in 2014 and the fed is stuck in the middle. Weve got an exciting year ahead of us. Stuart in five seconds, whose side are you on . Im on the side, the qe way outpaced the economy. Main street has been left out. Stuart thank you very much, Scott Shellady. Check the big board, here we go, off and running and strong news on the economy and the market has opened lower, pointing to a loss of 30, maybe 40 points when were fully off and running. Now, this, its the Worlds Largest mobile market. China, 700 million potential subscribers and now apple inked a deal with china mobile and offer them the iphone. Lets bring in market watcher Michael Robinson in san francisco. Welcome back to the program. We had a prediction on the program yesterday that apple would return to 700 bucks a share. What do you say . Thats too conservative. Stuart what . Youve got me shocked. Go ahead. Stuart, thats way too conservative. Ive got apple at about 1,000 a share in the next 13 months. Stuart what basis do you tify, gave me the gas. Fantastic cast flow, high margins and wellrun company. Tim cook is shaping up to be an excellent ceo. I think the street overdiscounted his abilities. Hes made ten savvy acquisitions in the last year and china mobile is part of a paradigm for tim cook. I think the stock is going up 30 each year. If you put that into 72, the rule of 72, a 28 to 30 months at 1,000. Stuart okay. And you heard it first right here on varney company, direct from san francisco. Michael, stay there. Were back to you in just a second. Want to deal with something else. Sony, playstation 4, selling more units than the xbox from microsoft. Its been on the market longer. Its a battle for your living room and i own microsoft stock, fortunately, its been going up. Nicole, give me the two stocks right now. Nicole both are to the down side. Microsoft and sony came out earlier. And we were getting the two microsoft xboxes. And what we know 2. 1 million sonies sold for microsoft, well, killed 3 billion zombies in the games dead rising three and not telling how much they sold. Theyre being secretive, but im glad to know how many zombies were killed. Stuart when we have the numbers youll get them on the xbox one. Both the stocks down little in an overall down market. We have the dow industrials off 4 40odd points. And Michael Robinson, you want to make real money in the stock market today youve got to be in the high flying technology stocks. What say you . Absolutely. The last time i was talking to you, stuart, i was bullish on technology and im more bullish than i was two weeks ago. Youve got to be in technology, the road in america is paved with hightech. I definitely would be in technology in 2014. Stuart thats what ive seen and looking at holiday shopping, it seems to me that people are buying technology. The apple stores are jampacked full. The toy stores are not. Were buying this stuff, arent we . We absolutely are. Its funny, the day before thanksgiving, afternoon before thanksgiving i was at the local apple store in emeryville. The place was packed, buying everything, accessories, ipads, iphones and i think its going to be a Big Christmas for apple, but the android universe as well. The new car sales are booming and cars are big consumers of technology, infotainment systems. And on that night, i just noticed that 27 billion dollars worth of computer chips were sold in october. Up 7 . And a lot of them, as you say, are going right into new cars, thats interesting stuff. Michael, stay there. Back to you shortly. Ive got another big name you know, its another Charles Payne pick. So, nicole, tell us whats happening to j. C. Penney stock now. Nicole Charles Payne picked j. C. Penney . Yes, he did. Nicole i know he has a lot of great picks. Lets look at j. C. Penney right now at 9. 66 a share, slightly lower. Stuart thats all youve got to say. Nicole should i say down this month and down last three months and down year to date despite they had good comp sales that was priced into the stocks. Stuart well bring charles back on this one. Nicole charles, i love him. Stuart we all do. And our next guest says that j. C. Penney is quote, on the express train to oblivion. Charles sizemore joins us from dallas. So, its on the express train to oblivion, that means fairly soon its going to flatout go out of business, correct . Welcome well, i think theres a fair possibility it will in 12 months. Stuart in 12 months . Whose fault is that . The company was kind of raided almost by bell ackman. He rearranged management and insisted on a reshuffle of the entire organization, didnt work. Is it ackmans fault . Yes, absolutely, its ackmans fault and johnsons fault. If you look at mike allman who is making a heroic effort to save the company. Hes doing everything he can and i wish him the best of luck there, hes put a decent bit of his own money in the company as well, i believe a Million Dollars of his own money and he is hes clearly doing everything he can, and i fair its too late. You look what weve seen in the last couple months. Weve seen some marginal improvement, well, marginal improvement in october, great improvement in november look at the comp. A year ago the company was, Company Sales were in freefall and those comps, better year over year are still way below two years ago, so, well see what happens here, but i think its too little, too late. Stuart charles, does this fit into one of the themes of the programs, which is theres a rush to Online Retailing and floor traffic in the brooks and Mortar Stores is just not there like it used to be . In if a kt in fact, its declining. Does this fit the pattern, at least one of the big names in retailing goes out in part because of online selling . Well, i think it does and its ironic because j. C. Penney was really an innovator decades account before we had the internet. The catalog was ecommerce before we had ecommerce and this is a highly Innovative Company thats fallen behind. Their online sales are doing fairly well by Company Standards this year, but again, i fear its too little too late for them. Stuart charles sizemore, thank you for joining us, appreciate it. And by the way, liz macdonald, who is with me, says that j. C. Penneys down to just 1. 3 billion of cash, which aint much. Thats right, on the balance sheet. Stuart thats hardly anything. The cash burn has been running at a high rate. Stuart that backs up Charles Sizemores point. And fast food workers want higher wages. The question, how many of the protesters work in the restaurants . Are they union people paid to protest . Walmart and other companies are saying, yes, Union Organizers from mci u are in the protesting crowds and walkouts today. Whats happening, they want to organize the workers to get the dues to do collective bargaining and get the dues, and the sciu Pension Funds are not doing so great, stuart, according to government reports so the Pension Funds for the unions are not doing great. They need more workers there. You know, detroit went bankrupt, the automakers are in trouble and now the push is on, for fast food chains like wendys burger king and dominos and walmart. Stuart i dont think theyre going to get much in dues out of guys making a pretty basic income behind the counter in mcdonalds not willing to pay out to the Union Organization dues, i wouldnt think. Its interesting you say that, its about 18,000 about year they make and thats the state of the economy that people think thats a good fulltime job when theres high turnover already in the fast food work force. Very difficult to unionize, but if you get them in the door, and then get the minimum wage increased, you know, thats the story. Stuart thats the game plan . All right. Liz, thanks very much indeed liz sure. Stuart check the big board, we had pretty strong Economic News, the market down, but not much. We had a 3. 6 growth rate for the economy, that is strong during the summer months, above the new normal rate of growth. And the markets down 18, 17 points as we speak. The hollywood elites think they know whats best for you. Especially when it comes to the environment. But surprise, a lot of them do not practice what they preach. Stay right there, john stossel mass a series of examples next. Say goodbye to hollywood say goodbye my baby say goodbye to hollywood, say goodbye my baby clients are always learning more to make their money do more. ann to help me plan my next move, i take scottrades free, inbranch seminars. Plus, their live webinars. I use daily market commentary to improve my strategy. And my local scottrade Office Guides my learning every step of the way. Because they know i dont trade like everybody. I trade like me. Im with scottrade. announcer ranked highest in Investor Satisfaction with selfdirected services by j. D. Power and associates. [ male announcer ] the parking lot helps by letting us know whs coming. The carts keep everyone on the right track. The power tools iroduce themselves. All the bits d bulbs keep themselves stocked. And the doors even handle the checkout so we can work on that thing thats stuck in the thing. [ female announcer ] today, cisco is connecting the internet of everything. So everyone goes home happy. Not a big loss. We have strong Economic News. People think that maybe the fed wont print so much money when the economy is strong. Down goes the market, but not by much. Look at the price of gold. Thats down 24 at 1222. Now, look at apple. Theres a 52week high right there. 573 on apple. Remember, we had a stock watch that said it was going to 1,000. Look at tiffany, an upgrade from goldman, that stock at an alltime high. 89 on tiffany. John stossel is here and he says that actors dont want to just entertain us anymore, no, no, they want to change the world. Many of them are hollywood hipocrits. Look at this. Some celebrities say socialism will fix everything. Socialist eagletainer system. And more gun laws will stop violence. Newtown, tucson, aurora. What do the same celebrities do for money. And the british socialist more on that later. And people doing things so bizarre, hold on a second, number one, youre telling me Jason Bateman promises to only flush the toilet after going to number two. That real or fake . I think thats probably real, a guy like him would do that. Youre right. He says im saving the world. Stuart were so lucky. Number two, stay right there. Harrison ford, this i cant believe. Waxed his chest in an effort to save the rain forest. Thats got to be false. He really no, no. Had his chest waxed. Stuart what the devil does waxing your chest hurts me just the way it hurts us when the rain forest is ripped out. Stuart youve got to be kidding me. And he owns seven airplanes. Stuart a good one, john. Number three, adrian grenier, shes got a website promoting an environmentally friendly compostable tennis compostable in america, and yes, really does. A picture of it here. It has seeds in the tongue and eventually a tree would grow, maybe. Stuart okay, john. Thats good. Last one, ed begley, jr. With whom i had a very public fight, by the way. He started a Petition Campaign to get the president to trade in his limo for an electric powered version because the president ial limo gets only 8 miles to the gallon. Gospel truth, guaranteed. I made that one up. Stuart no, no, wrong. You got the first one right. Stuart why are they doing this, trying to is a save the world . Because they believe the environmental propaganda. Begley at least lives the life and he doesnt even seven airplanes while he preaches this stuff. Stuart i think they do it, trying to change the world because they know they can. I think theyve got enormous influence in our society and societies around the world and that gives them a certain degree of power, especially in the media so theyre inclined to preach and theyre all leftist elitists anyway and preach that message. Thats what they believe. I dont know that they have that much power, maybe helped delay fracking in some places, but for most of this do people pay that much attention to them. Im amazed at the hypocrisy, seven airplanes. Leo dicaprio says im going to fly around the world to do something about the environment. Stuart im told that Harrison Fords response to that, you shouldnt have seven airplanes, world pollution or co 2 emissions account for only 2 by commercial aircraft or flight. The private general aviation. Stuart oh, private jet. 2 . Stuart just 2 . They call it general aviation, but 2 is more than you and i put out and if hes so concerned about the environment, then im happy he has seven airplanes and hes not making much effect on the global warming. Nothing any american can do about make any difference. If hes going to preach it dont have seven airplanes. Stuart im told in my ear on your show tonight on the fox business network, there will be tape, a film, a tape of Harrison Ford having his chest waxed so that cant wait, thats true. Stuart 9 00 tonight, correct, on the fox business network. 9 00. Stuart the name of the show. Stossel. Stuart and hollywood hypocrisy. I will watch. I want to see Harrison Ford in pain. Listen to this, i am sick and tired of these brits coming to america and spreading their socialist agenda. My take on the departure of Martin Brashear is next. Get out of here. You like duck dynasty . We have the ladies of that run away smash reality series coming up in the next hour. Theyve got a christmas cd. In fact, theyve got every type of merchandising that you can think of, big money, and theyre here. Plus, the top trial lawyer in the country answers this question, if my identity gets stolen as a result of healthcare. Gov, who can i sue . Martin bashir is gone. Here is my take. Good. And take your british socialist pals with you, please . Before i get too carried away, let me recap. From the socialist paradise of msnbc Martin Bashir made disgusting comments aimed at sarah palin. I shall not repeat them, but i can tell you i was truly shocked when i heard exactly what he had to say. Well, nearly a month later, management has let him go. That in itself is a disgrace. He should have been fired on the spot. But here is what really gets to me, bashir has a british accent. A leftist who comes here to tell us how we should behave. Of course, i have a problem with his politics, but it goes beyond that. When people hear his voice, they start to think that maybe im like that. If you watch this program for even a couple of minutes you will know im not like that, but those of us who have that accent become tarred with his disgusting brush and im really tired of it. Remember the englishman who told the gun rights advocate he was stupid . Remember the elitist anna winto your so enarmored with michelle . And what most people dont know they were upper class, went to private schools and universities and speak with oh, so, high tone voices. They doesnt like you, they look down on you. So goodbye, bashir. Load up that lear jet with your fellow travelers and bugger off [ tires screech ] chewleys finds itself in a sticky situation today after recalling its new gum. [ male announcer ] stick it to the market before you get stuck. Get the most extensive charting wherever you are with the mobile trader app from Td Ameritrade. Wherever you are with the mobile trader app every day were working to and to keep our commitments. And weve made a big commitment to america. Bp supports nearly 250,000 jobs here. Through all of our energy operations, we invest more in the u. S. Than any other place in the world. In fact, weve invested over 55 billion here in the last five years making bp americas Largest Energy investor. Our commitment has never been stronger. Reporter have we got a show for you. Trial lawyer mark lanier on our side today. Who do you sue when obamacare loses your personal information . Tommy thompson when he ran health care under george bush and many times did he meet with the president. Kathleen sebelius met obama once in three years. The latest of the dynasty are here, theyre not a cottage industry, they are an entire division of the u. S. Economy. We will tell you who is paying those fastfood demonstrators, theyre paid to protest and we return to the interview with zeke emanual, someone who knows what he is talking about. And another diamond right here. Stuart concerned about the security of healthcare. Gov. Zeke emanual did nothing to ease those security concerns on this program yesterday. I put my personal information on the web site when i was trying to look for information. I was very confident and comfortable. I dont want it today. Stuart question, if your identity is because of the Health Care Exchanges can use to . Who better to ask than mark lanier, trial lawyer extraordinaire in new york city. You sue the federal government. You can get punitive damages against the government, cant get prejudgment interest but you have a claim against the mid your identity get sued for picking up the salary system. Stuart i did not know you could do that. I thought you could it is part to and a lot of juries dont givehard to and a juries dont give a lot of money. Charles how do you get cost at economic tour resolution . A good lawsuit, three lakes school, someone you can collect from, liability and damages. The damages wont be that strong for most people. Stuart will there be lawsuits launched because of this fiasco . There will be a class action launched. That is the only way it can be economical. Stuart it will not stop obamacare in its tracks, this is down the road. That train has left the station. If i were a lawyer i could stop it, i would. There has to be a better system. Stuart a lawyer opposed to president obama all the time. Stuart hold on. Here it is more of what zeke emanual had to say. This is the part where he claims the plans you get under obamacare are better and cheaper it then your existing plan. We are here to talk about healthinsurance and the millions of people who have gotten Health Coverage at a better deal who were excluded. In the individual market 70 of people are going to get even better coverage at cheaper prices lou of people will have a situation where they will be paying more. Stuart is that true . Is that accurate . Bring in Health PolicyStrategy Associates robert, welcome to the program. You heard what dr. Emanual had to say. Was he accurate in what he said . No. I thought we settlld that a few weeks ago. The president of the United States apologized over the whole thing about not being able to keep the insurance you like. The president asked the state Insurance Commissioners and Insurance Companies to let people keep their policies another year. And number of Democratic Senators in the senate have a bill led by Mary Landrieu so people can keep their policies. Why would this be going on its only a small percentage of the people found their old policy was not better than obamacare. Here is the number. Right now people are being offered the opportunity to keep their policy, not in all states but when they are offered the opportunity to keep their policy 80 to 90 arcing, one ceo told me in his company where they are allowing people to keep their policy 85 are keeping the old policy. I dont think he got the memo. This one is settled. Stuart what happens next year when we are told tens of millions of cancellation notices go out, people who get their health care from their employers. What kind of plan are they shifted into . Millions of people are getting the one year extension. Is only a 1year reprieve for the death sentence from these policies so we will get through this next fall at election time. You have a small employers, many of them are getting pretty staggering renewals and many are taking advantage of the early renewal especially in the small group market, under 50 employees. They will have to face obamacare for 2015 and what we are hearing again is big increases. Once you have a smaller Employer Market being hit by the same things the individual Health Market is being hit by, preexisting condition and medical underwriting reforms, china benefit level you have to have with obamacare and the age rating changes hitting the small group the same way. I talked to a small Hill Insurance broker the other day that has 90 plans. They cant do early renewal where he is and he is telling me he is seeing red increases between 15 , and 60 with the average rate increase in the small market being 30 . Stuart give us some clarity on another issue that is emerging, the transfer of information from my account in my personal information into the obamacare website. The transfer of the information from me to the insurer. I understand the error rate is enormous and that is where lot of problems are occurring. Can you clarify this . There are two parts to the obamacare Information Technology system, the front end is healthcare. Gov where consumers go in and the socalled back end of it where information is transferred from the federal government to the Insurance Company. You put this personal information into healthcare. Gov and if you by a policy all of that has to be transferred to the Insurance Company. How else could they enroll you . What has happened is the federal government has fixed the front end of it at least in terms of getting in and to by insurance, they have not come anywhere near finishing the back end. We are still getting high error rates. When the enrollments are being sent a significant percentage of the mob that. They are gone too cowher there are big mistakes. We have two things going on. We have orphans and ghosts. Orphans are the files that get transferred to the Insurance Company and no one can figure out who they are. Then there are the ghosts, the people who never make it to the Insurance Company. The government did small scale testingthey never made it to the Insurance Company. In addition to that they cant pay the Insurance Companies. They happen to build reconciliation system which reconciles what the government has got with what the Insurance Company has got. They havent built part of the computer ssstem where it they can figure out if they have a right people covered. The back end is a complete mess. Stuart what a pleasure to talk to someone who offers clarity on a complex subject. Come see us again. To the big board, back to the market, that is not much of a loss. We are down two points. We had strong Economic News on jobs and the growth rate of the economy and moment ago did we get news on factory orders . Charles here is the thing. The gdp. Lets talk about the gdp numbers. The headline was enormous but there were parts that were worris spending was revised lower, and good and products were revised lower and exports were revised a lot lower. The transition is happening. We can see before our eyes the transition to a faster economy. No where near where we should be so the big question is can the rally for being the feds rally to an economically driven rally with a crash in between. Stuart when you say it cant. Charles how big with the correction be . The last couple times there were big time rallies and the fed change policies, the dips were shortlived and the reasoning rallies lasted many months. Thats an area replays itself. Stuart stayed there, i want to talk about apple. A big boost for apple in the Worlds Largest mobile market. If you like apple and i know you do you must be salivating over the chance to sell iphones to seven hundred million consumers. Charles it is a huge opening. How do they sell it and make money . They will figure it out. What has happened is wall street has come to terms with tim cook. He is the larry holmes of the business world. Following steve jobs is like following muhammad ali and he stumbled badly. To me he has been okay with losing a few wars. He wants to win the battle but is okay with losing a few skirmishes here and there. Steve jobs will want to be u. S. Game of marbles. Wall street is okay with this guy and understands theres a tremendous amount of value, 585 on the upside and a lot of people jumping on the bandwagon. Stuart does it go to 650 . Charles i think it could. Stuart another charles pick is tiffany, got an a grade from Goldman Sachs. It is that a new high. Nicole this is what we often get from Charles Payne, nice big winner and 4 . New high for tiffany at 90. 74 a share, year to date 15 . Today Goldman Sachs put them on the conviction from neutral. Yesterday jpmorgan raised the target and so far so great. Stuart do a quick victory lap. Charles as a cautionary thing people waiting for wall street to get bullish on things here is a perk example, a 57 , the smartest firm on wall street, goldman upgraded Cf Industries from sell to neutral. It is up 100 points in the last two years. Now they think it is neutral. Be careful with the smartest firms. Stuart i like those victory laps. Charles a few bumps too. Stuart it costs us a fortune. Charles probably lost that can grand. Stuart two hackers have stolen two million passwords from the biggest website, gee email, yahoo twitter, major security breach. If you have your identity stolen in this way, not your identity but or passwords, cant you sue them . Problem is what are your damages . You have to have substantial damages to pull off a lawsuit. A class action suits, if you are looking at someone whos damages were 5 or 10 apiece you end put the coupons and lawyers make poney. Stuart you would organize the class action suit. I would look at it. Charles the one amazon showed off a new autonomous Package Delivery drone. As the correct expression. Kind of cool. It is it is. If they get it going and it falls out of the sky and its mark lanier on the head you are going to sue. Oh yes. If they send a package on a ups truck and a driver runs a red light and careens into me i am going to sue. You have the duck dynasty ladies coming up, ask if their husbands will use those for target practice. There are places in lieu easy and and texas where those drones come over charles nofly zone. Stuart never sued apple . Yes. Intellectual property. Stuart a pursued amazon . Dont tell you sue the amazon. I love amazon. I love apple. Stuart had used to damage done . No. I never sued amazon. Stuart weiner . Th . They havent done anything wrong. Guana huge medicaid fraud scam excuse, all the defendants are current or former Russian Diplomats and their spouses. Prosecutors say diplomats fraudulently received one . 5 million in medicaid benefits. These are Russian Diplomats living in america spending big money on luxury goods while allegedly scamming the federal government out of a lot of money. To do we su . Definitely the Russian Diplomats. We get our money back from those guys. Stuart they have diplomatic immunity. If they are a former diplomat, they dont because it wont extend forward. If they are current diplomats they do and lets pick it obama and tell them to take it away. Stuart thank you for coming by. I am glad you stopped but we reject and stopped in manhattan. I had to see charles. Stuart you are a good man. Fastfood protests across the hundred cities in America Today, they want 15 and air to a the protestors . Do they work at the restaurant they are picketing or are they just paid by the union to get out and protest . We have an answer in a moment. [ male announcer ] heres a question for you if every u. S. Home replaced one light bulb with a compact fluorescent bulb, the energy saved could light how many homes . 1 million . 2 million . 3 million . The answer is. 3 million homes. By 2030, invesents in Energy Efficiency could help americans save 300 billion each year. Take the energy quiz. Energy lives here. Yep. Got all the cozies. [ grandma ] with n fedex one rate, i could ll a box and ship it r one flat rate. So i kn untilt was full. Youd be crazy not to. Is tt nana . [ male announcer ] fedex one rate. Simple, flat rate shipping with the reliability of fedex. Because you cant beat zero heartburn. Woo hoo [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years. One pill each morning. 24 hours. Zero heartburn. Stuart unions protesting fastfood restaurant. We are told they are protesting, they want higher wages for fastfood workers so here is david b. Miller outside wendys in brooklyn. Where are the protesters . I cant see any behind you. The demonstration is not slated to begin for just over one hour from now but over my shoulder take a look outside wendys on the corner you see the news crews that are already in place waiting for this rally to begin at 11 30 eastern time. Earlier there was a rally in midtown manhattan outside mcdonalds and we did speak to the act will workers, we heard the same from a few we talked with, they said they cannot survive on the federal minimumwage, they want 15 an hour and told us this is a wage hike the fastfood industry can afford. That said, the industry says this is hardly a Grassroots Movement and underscoring that a Public Relations firm has sent out News Releases and is coordinating with the media about todays rallies. This is the same company that has a long list of other clients, among them green peas, communication workers of america and moveon. Org. In the minds of many critics this is not a Grassroots Movement but these rallies are being organized and coordinated by specialinterest groups and the unions. How many of the actual demonstrators are workers themselves, that is difficult to say and but before i go why should alan that this rally taking place in an hours time outside wendys in downtown brooklyn, the fastfood restaurant itself is doing business as usual. Nothing unusual and arguably that is the ultimate litmus test, a fastfood restaurant we have been to look like just another day, nothing unusual. Stuart restaurant owner, rock exposed. Strikes me this is not a strike, this is a protest. Tell us who these protesters really are. Thank you. You are right. It is a protest. The protesters are Typical Union members, occupied types with time on their hands who shared the union agenda. Unions have funded this, millions of dollars and are funneling the money through what they call Worker Centers which are union fund groups like the restaurant opportunity center, so these fund groups portray it as a grassroots bottom up up rising but it is directed by the unions, they are desperate for new members, pensions are underfund and they see the Restaurant Industry as a place stuart is that what they want . Do they want to sign up fastfood workers for to Pay Union Dues . Is that what they want . Or are they part of a Larger Movement which tries to legislate higher wages . Both bulls. Privatesector yunis asian pvery underfunded pension plan need new members but you are right, it does often up the pr aspect of this and helps in their efforts stuart it is very successful. We took our cameras to wendys in brooklyn and a bunch of news crews are waiting for the protests to begin an hour from now. That is a successful pr operation. They got the message out to the media. That union pr firm they are using they are earning their fees and doing a good job but there was a fox affiliate in atlanta, found most people were Union Members. One restaurant worker didnt work at that restaurant but another one across talent. It is mostly Union Members and that is what these Workers Centers do. Stuart thanks for joining us. Appreciate the information. Is a wildly popular show. Millions of people watch it every week, really big money. We are talking duck dynasty with the latest of duck dynasty after this break. Including a Christmas Carol sung by the whole cast. Are we ready . Okay. [ male announcer ] how do you get your bounce . Well, did you know that just one sheet of bounce outdoor fresh gives you more freshness than two sheets of the leading National Store brand . Who knew . So, how do you get your bounce . With more freshness in a single sheet. Stuart this is called buck the halls. I am correct. You know them from the should duck dynasty and you heard the title trackow duck dynasty and you heard the title track from their christmas album. At me start with you. You are a tycoon and it is would you put your finger on t start this industry . Kerri lost her voice but i can tell you she is a pioneer woman and that is what she calls herself. A inga grew up and being the outdoorsman, a pioneer man she wanted to marry, and we married our own pioneer men. She is one of a kind of. She ran the business from her couch for years. Stuart you are an industry. You have the christmas songs, the dolls we put on a screen. Is there any merchandize you dont have . You just about got it all but have you got legs . I dont mean legs in the conventional sense. Is this an industry that is here to stay . Will you do at this Time Next Year . Absolutely. We have been in this business for 40 years and has been part of our familys business for a long time and we will be here a long time after that. We are excited about getting into food. As passionate as robertsons are about their coming they are equally passionate about food. We are really excited about at as well. Christmas album, who would have fought we would be on top of the country charts . I dont think anybody expected that but we are excited to be there. Stuart tell me about the food. That interests me. What food is special to duck dynasty . Duck commander family, we do a lot of seafood, so this christmas we have all kinds of seafood, fried shrimp, crayfish and crab balls and all kinds of ties. We duologue with the food and the lot stuart if i got an accent like yours to you think my ratings would go up . No. We like the accident. Stuart thank you very much. That was terrific. You are wildly successful and we thank you for appearing on a program. Good luck and Merry Christmas to you all. Thank you. Stuart how about that . Do you think if i had an accent like that i would do better . Charles not on this network. The roll network where they still live cows on tv, not on that. Stuart we had strong Economic News today but not that much. We are at 15 but. We are four five days down in a row. Charles the pullback is good to see. Neil your point you get a pullback on strong Economic News but the market goes up on that strong Economic News. Stuart and j. C. Penney is toast. They are an express train to oblivion, could be out of business within 12 months. J. C. Penney is the Charles Payne pay. What do you make of that . Charles we were up 11 , 12 and now about even. When ron johnson came on board in november of 2011 the stock went to 30 to 43, wall street at five year high. That seemed like they were turning the corner. Everyone is cautious which is okay but gets back to what we talked about earlier, it is not a slam dunk but there are signs that they will survive which means a higher market cap and maybe they can thrive if they get to their roots. It is not has more risk than a normal idea but stuart not real gungho. Charles 11 or 12 . I think we can make more if we hold it longterm. I would like to see it close above 9. 45. Stuart i bet you would. Kathleen sebelius meeting with president obama just once in three1 2 years. What does the former health and Human Service secretary think about that . We will ask tommy thompson, he is next. [ bagpipes and drums playing over ] [ music transitions to rock ] make it happen with the allnew fidelity active trader pro. Its one more innovative reason serious investors are choosing fidelity. Get 200 free trades when you open an account. Mm mmhmm. [ enne revs ] [ male announcer ] oh what fun it is to ride. Get the mercedesbenz your wish list at the winter event going on now but hurry, the offers end december 31st. [ sant] ho, ho, ho [ male announcer ] lease the 2014 glk350 f 419 a month at your local mercedesbenz dealer. Stuart responding to a public outcry twitter has named its first female board member, former ceo of several firms. Likely she will start immediately. Twitter stock is up 1 . And a report by the Government Accountability office, Kathleen Sebelius only had one facetoface meeting with president obama in the 31 2 years leading up to the obamacare rollout. We are joined by tommy thompson, former the chief as director under president bush. I find that one meeting extraordinary. What is your reaction . It is one of the reasons they are having so many problems with the rollout. When we rolled out hard be which was ten years on december 8th when president bush signed into law and asked me the job of getting it passed, we were every single day checking and rechecking and retesting to make sure the rollout would be successful and as a result part d has turned out to be one of the most successful programs for seniors set. Stuart why is president bush at handson manager of what you brought into part d . He was a handson guy as opposed to president obama . He was more hands on than president obama but he also said it is your responsibility to do this. He said i dont have time to do it, you make sure it works and he asked us to do it, the cms and fda and myself and all the other individuals, make sure it works and we spent a lot of time testing and retesting and so you have to do that. You have to give your secretary the responsibility but also to make sure they are responsible for making it successful. Stuart this is the ten Year Anniversary of the Medicare Prescription Drug benefit as you say. What does obamacare due to the Medicare Prescription Drug benefit . Does it change it . It changes the doughnut hole which was referred to as the problem but it was not so much a problem as necessary in order to make sure part d was economical. You have to understand that 90 of seniors saying it is successful in the estimates of cost have been reduced by 45 from what the original estimates were, Medicare Part b costs and seniors are paying 50 less for their premiums than originally thought was going to be necessary. Stuart we appreciate you being with us on this tenth anniversary. Congratulations. We appreciate you being here. I would like to say for myself as a listener to fox, congratulations, you are the best Economic Analysis and commentary America Today and it is an honor to be on your program. Thank you. Stuart that is very generous, much appreciated. Why didnt you say it right at the top and we could have given me the rest of the show . Just remember part d does work and we need to improve it. Stuart what a pleasure, thank you very much, we appreciate it. How about that . We were not expecting that. Charles we feel the same way. Stuart stop it. The shocking number. 5 billion, five billion, that is how many cellphone locations the nsa collect every day overseas. That would include data from u. S. Citizens. Is it entirely legal . The answer may surprise you. All rise, the judge is next. Every day were working to be an Even Better Company and to keep our commitments. And weve made a big commitment to america. Bp supports nearly 250,000 jobs here. Through all of our energy operations, we invest more in the u. S. Than any other place in the world. In fact, weve invested over 55 billion here making bp americas Largest Energy investor. Our commitment has never been stronger. Stuart apple breaking into the Worlds Largest michigan, and seven hundred million potential customers, apple stock expects that, sonys play station 4 is an edge over microsofts x box 1 in the battle for your living room. Sony has been on the market longer than the x box and 2. 1 million, stock is down fraction. Then we have tiffany, all time high for that stock. Charles payne saw it coming, 89 rendell. Dollar general profits up 14 . That is hitting a new high. Investors love that news. 59 on dollar general. Costco, increase in sales in november, not as good as expected, that stock is down 1 . Microsoft down 3 . Alan mulally declined to comment on speculation to leave and go there. Brchitis. Spiriva is a oncedaily inhale copd maintenance treatment that helps open my obstructed airways for a full 24 hours. Spiriva helps me breathe easier. Spiriva handihaler tiotropium bromide inhalation powder does not replace fastacting inhalers for sudden symptoms. Tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. These may worsen with spiriva. Diuss all medicines you take, even eye drops. Stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you t hives, vision changes or eye pain, or problems passing urine. Other side effects include dry mouth and constipation. Nothing can reverse copd. Spiriva helps me breathe better. Does breathing with copd weigh you down . Dont wait to ask your doctor about spiriva. When you do what io, iyou think about risk. I dont like the ups and downs of the market, but i cant just sit on my cash. I want to be prepared for the long haul. Ishares mimum votility etfs. Investments designed for a smoother ride. Find out why 9 out of 10 large professional investors choose ishares for their etfs. Ishares by blackrock. Call 1800ishares for a prospectus, which includes investment objectives, risks, charges and expenses. Read and consider it carefully bere investing. Risk includes possible loss of principal. Stuart Electronic Arts a loser today. Why is that . Nicole one of the analysts expected concern, they make gains for video game makers in these consoles. Stuart she is there, she is not fair. Charles is here. Taking so many victory laps. This is not a victory lap. This is a new stock online today. That is an intriguing name. What do they do . Those of the big giant container ships you see out there. They have 42 of them and the biggest ones capable of carrying them to 60,000, load some up and goes around the world, ten years ago everyone thought these would replace transportation indexes that were a proxy for the mobile economy and shipped Global Economy crash, all turning around, you see that chart . The top of september was 3. 93, which touched that. Fees the group on east side back in town on the street yesterday and said the same thing the last guest said. He loves you and love the show. Stuart i under i ship stock. I bought it up 40. Why do people look at me . Stock market is a shift. I can imagine that stock. Now we have more stock. Two thousand fifty cents a share. That is where the story is. Stuart Washington Post the nsa tracking cellphone locations worldwide, five billion record location day. A couple questions about the location. Judge andrew napolitano. I dont see anything wrong with tracking of foreigners where foreigners blackberry, iphones, and connected to the closest transmission power, in the area of. The transmission power tapped into the funding by the nsa and they know every phone in the area and as they move they go to the next transmission tower. Each of those is considered additional. When tapping five billion cellphones it is five billion tons on a few hundred million cellphones. What cellphones are these . That is the issue. The nsa does not disparage if they are looking for a person in great britain, they will tap all cellphones in great britain. Innocent and not innocent. American and not american, lazy to distinguish. Stuart start with the law and follow it. To a mass investigation to lift people up. Judge napolitano sound just like george iii with assistant tax which let british soldiers go anywhere looking for anything they want to find among the colonists for britain to defend. Stuart if we dont track the how do we know where they are . How are we supposed to kill them . Judge napolitano i dont think we can yet. I am using england as an example. The most civilized of all of us. If the dish stuart if they were planning to send planes into buildings in america, i dont care where they are. Judge napolitano you have taken this into fantasyland. This is not what the nsa does. The nsa doesnt drone and doesnt kill. The nsa spies and if the nsa is going to argue to catch one person in england they have to spy on everybody there, the constitution says you cant do that and the british people, who usually love authority, stuart if it is illegal and unconstitutional, why isnt anything ever done about it . On a mass scale for years under the Obama Administration nothing happened. Judge napolitano illegal for the present to bomb libya and kill gaddafi. Stuart would be illegal . Would you declare war . Judge napolitano everything stuart formal declaration of war. Judge napolitano killing . Yes. Spying . No. You need a search warrant. You needed declaration of war. The nsa doesnt kill but the nsa spies. Lawful search warrants, it gets general warrant, the general warrant like british soldiers had, the bearer may go where he wishes for whatever you wants but the Fourth Amendment requires everyone specifically describe a person to be seen as a place to be searched. General warrants are unconstitutional. Even for as you call them stuart when you agree that there is debate on the issue . If a general search warrant is unconstitutional or not . It is not cut and dried. You are not automatically right because you say. Judge napolitano not i who was saying that but the constitution saying it. Stuart your interpretation of the constitution. Judge napolitano the meaning of the words of the Fourth Amendment, mr. Varney. Stuart struck a nerve. Charles let me get that down. Stuart Charles Laughton played the role of henry h. One of your favorites. And also was in the rest of the prosecution. Greatest crossexamination seen ever put on film. Stuart i am sure you would not approve of henry. Judge napolitano the answers that they have. Stuart you are in trouble with the pope today. Stuart totally ran out of time. Thanks to you, put the camera on me. We have a 52. 5 carat gold diamond ring live here on the set. Tell you about that in a moment. n lou coming up on lou dobbs tonight china trying to expand while the Obama Administration concedes. Armed services judiciary member congressman randy forbes of the new Obama Doctrine and rising tensions in the south china sea. Join us tonight at 7 00 eastern. Stuart something very special, the king of diamonds for you. A very special diamond, you are looking at it right now. Here to describe it, you are going to sell them. Second time in twentyfive years. 52 carrots. In south india. The most famous diamonds in the world. And joseph, which we show on fox on 21 million. Stuart the king of diamonds, it really is special. The first diamond known to man, the first diamond ever. Stuart i didnt know it. The earliest mine, developing 300 years. Stuart may i pick it up . Stuart cant get this but i am holding it. To show your viewers that. Get a sense before it is brought up, and it wouldnt crack. I am holding it. It was sold 25 years ago for 7,000,005. For that time an unheard of price, supposed to assure you house specials this is because even back then, do it out in the auction room. Stuart how much will it go for today . December 10th i hope over 10 million. We have a lot of interested parties. Stuart last time you brought a diamond, a lot more than you thought you were going to get. Orange and diamond, orange diamond priced at 17 million and we sold it for 35 million. Stuart when you get 15 million. It is fantastic. I am blown away by this special kind of diamond and thank you very much. Happy to be here. Stuart will slide it gently across the set to take it back. Good luck at the auction. Thank you. Last hour, i was talking about Martin Bashir and have your take on that in a moment. Became big . Like, really big. Then expanded . Or their new product tanked . Or not . What if they embrace new technology instead . Imagine a companys future with the future of trading. Company profile. A Research Tool on thinkorswim. From Td Ameritrade well, did you know that just one sheet of bounce outdoor fresh gives you more freshness than two sheets of the leading National Store brand . Who knew . So, how do you get your bounce . With more freshness in a single sheet. Yep. Got all the cozies. [ grandma ] with n fedex one rate, i could ll a box and ship it r one flat rate. So i kn untilt was full. Youd be crazy not to. Is tt nana . [ male announcer ] fedex one rate. Simple, flat rate shipping with the reliability of fedex. Stuart last hour, Martin Bashir stuart last hour, Martin Bashir left nbc after making disgusting remarks about sarah palin. Here is what you say. Patricia sands we can see that you are nothing like him. We love you and see the difference between a decent human being and that jerk. Libby says most americans dont understand where thhse fol o come from or where they get their ideas and they should take a back to england. It does not run well in america. Well said. Brenda 3 s all it ttheye look into the eyes and is immediately apparent you come from opposite molds. Thank you. You are very kind. Dont say anything, charles. Thanks, everybody. I appreciate it. Dagen we appreciate you. Fastfood workers off the job and on the streets protesting for higher wages and unionization in the days of obamacare, those with chronic illnesses could look at drug costs. This is evidence of the complexity of this law. The upper midwest with a weekend storm tmaceatening, pushing up Energy Prices and using instagram to gauge how happy an entire city is. The top five happiest cities in the nation according to one survey, two cities from the same state. The you live there . o i o you f l good . So much more coming up on this hour of maumets now. Connell i wasnt even there. Dagen no indication. o i ogs are supposed to make you