nearly $0.50 a gallon. here is the financial question. will the gains from cheap gas be washed out by the depressing effects of extreme very early cold? don't worry, the weather has not pushed the gruber to an out of the headlines. the planned riot in ferguson, oh deer. "varney and company" is about to begin. ♪ stuart: check out the man behind the. most of the country in the grip of a record-breaking cold snap. it is two in minneapolis, six in cleveland, they hammered with six feet of snow in some places. meteorologist maria molina is in upstate new york. what does six feet of snow look like? maria: i am five feet tall so six feet is of what hired and i am. it looks like sand dunes, snow covering everything. our hotel parking lots is covered by six feet of snow. the cars are buried. when we got there, in the parking lot. stuart: you were stuck in your own truck, the tv truck is that in the snow, six feet of it. >> it was a little bit of a problem. new york is one of the hardest hit places in south buffalo. and for 24 hours that is a record for the entire united states so we wary there about our satellite truck could not make it said they had to be towed, the weather conditions were too bad to be on the road so we left our hotel and came out here and we tried to go back yesterday and conditions were terrible on the roadways and we got stuck way back three times of the people in buffalo really kind and coming together at helping out. it may get us and stuck and we're back here in new york a couple miles east of buffalo but we have to get back to the hotel to see what happens. and the lot of abandoned cars, the snowstorm was crippling for the region. bernard: what a lot of viewers knew you had to be on "varney and company," they gave you a lot of help. national average for the gallon of regular, $2.86, down again, dropping still by about a penny a gallon day. the winter weather has arrived, you have seen it. natural gas that you used to heat your home much more expensive. suddenly a spike up by 5% as of right now. mary kissel is with us. the economic equation, there is a nice benefit from cheap gas. is it about to be wiped out, lost out by very ready very cold weather? >> we will find out in the short term. in the long term with the market works, the price of natural gas is rising that will incentivize natural gas producers to produce more natural gas and also an argument for more flexibility in production capacity, things like keystone, drilling on public lands and other measures to make america more flexible so it can respond to these prices. stuart: in my opinion the drop in gas prices provided tangible boost for everybody's wallet which is far more important than the negative impact of less shopping, less driving. >> you want a flexible market to respond to the needs of consumers and producers. stuart: this is your way of saying that those regulators off our back. excellent, state there. you are right. check the big board. stocks are off their record highs the we are down 57 points. the dow is at 17,630. jeter up. look at the s&p 500. we are down there by 1/2%, a 10 point loss. lowe's is a winner. it raised its forecast. investors love that kind of thing up over 5%. another name would be staples, higher profits, staples has been beaten down a lot. that report goes up 10%. you got to tell me why it is a winner. nicole: executive coming in to tie get from pepsi, the stock is up 5.5%, hitting obviously the new high, doesn't go all the way back to 2013. the new chief executive has been trying to bail this went up after the breach and they had great profits. this increase was a surprise. as a result of retailers, target is doing great. lowe's moving higher, the consumer group is aware bucking the trend. the dow is down 60 points, the group is doing great. stuart: target has but the problem with the data breach. it seems to have but that problem. >> others are still dealing with it. stuart: when it occurs to me no wonder lowe's is doing well with six feet of snow, of loews does well. >> no doubt. building materials, tiling and roofing did in new high too. stuart: i don't know why i am laughing because so many viewers are snowed in and children and sending pictures >> you are a nice guy. you are not the kind of guy who laughs that other people. are we done? stuart: we are done. wrap it up, wrapped it up, let's go. as promised we have more on professor jonathan gruber. he visited the white house 2 dozen times as recently as this summer he made a visit. press secretary josh ernest says he is not sure if he is done working for the government. republican congressman from tennessee diane brian: is here, welcome to the program. there is a level of frustration here when we look at this string of scandals with nothing happening. look at the irs, two years old, we are going nowhere with that thing and i have a suspicion the gruber tapes will gradually disappear and be forgotten. what are you going to do about this? >> i want to say kudos to the american people because they have not been in favor of obamacare since the beginning. if gruber called some people the american people are smarter than he thinks we will be having hearings on the hill and i think not only those hearings should bring up the fact that he thought the american people were not smart enough to understand what was going on but another piece that is not being talked about is the torturous writing that was a part of his plan, so it wasn't scored properly by the cbo. that is unconscionable because lawmakers make decisions upon what non-partisan scoring groups give us and these are decisions not just being a for today but ten years down the road so he has to be held accountable for what he did. it is very interesting that he is being denied being known by the very people who have met with him and talked about him in several of the clubs that have been exposed. stuart: i wish congress would take a look at the consultants being paid millions of dollars to mess this all up with climate change because i'm sure they're beating away in but epa. i would love to take a look at that. i know you are a registered nurse, you have been a nurse for 40 years, formerly an emergency room nurse. i remember that from your bio and now we have marilyn has been described as a temper tantrum demanding official, hellbent on launching healthcare.gov, was in charge of the launch despite warnings that it wasn't ready. here's a quote from her second in command, i just -- just so you know, the cabinet decided in january we were going no matter what, hence the cool and uncaring march that has occurred since january when she threatened me with a demotion of force to retirement to fight it and take this on. this is all about obamacare, the disastrous launch and the disastrous prices we're going through now. you can't get it repealed, can you? >> that will be on to the new congress. when we get new members we will see this discussion that will go on and we will find out more and more. kathleen sebelius when she was the secretary of the h h s was demanding that this would be started even though it wasn't ready. i had been talking about security breaches in this program for the last two years because it was not ready. we knew that by several reports. dungee a o reported that and she was a part of that conversation where you would demand and almost threaten people with their jobs, their retirement, their devotion. it is no wonder the american people don't have confidence in congress or the administration. stuart: i sense a level of frustration rising and rising, nothing ever changes whether crazy government spending, shrinking by the treadmill, it happens year after year. the irs scandal, obamacare is a mess. there is a frustration level here and i want to make you aware of that. >> i am aware of it. i hear it from my constituents all the time and to be honest i am frustrated. i am frustrated when you cannot get the senate to discuss the bills that are sent to them and debate them. at least bring them up as our founding fathers intended so there's discussion between the two chambers and say something to the president. he hasn't had any of these bills, we have 3 under t-bills sitting there waiting for harry reid, even allow them to be discussed. i am hopeful that in the next congress we will see something different. stuart: found that people. dianne black, thank you for joining us. time is money. thirty-second worth of headlines and here's what we are following today. all of these are from ferguson, missouri. the economic impact, gun dealers are selling three times more guns than normal. other stores are boarded up as the threat of violent protests increases ahead of the grand jury announcement. social media played a big role. the hash tag ferguson becoming a rallying cry not only for people in ferguson but other instances of alleged police brutality across the country. last, also dealing with social media, the council on american islamic relations or care, controversial group relating michael brown's shooting to other instances, specifically to an fbi raid on a radical islamic group. they are involved. we have this on immigration. president obama will announce his plans changes to the immigration system in las vegas. temporary legal status as many as 5 million is what we have been reporting before. make the decision to do that yes or no, announces it friday. john boehner is saying this today, if amber obama ignores the american people and announces an amnesty plan he himself has said over and over again exceed his constitutional authority he will cement his legacy of lawlessness. we will hear what the president has to say friday. a lot of controversy surrounding bill cosby. allegations of rape going back decades. the story spreading like wildfire and social media and companies are reacting. the judge after this. 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(all) awesome! i love logistics. sometimes they just drop in. always obvious. cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advances. stuart: this is not a major loss, 31 points but most sectors, groups of stocks in a particular industry are down except consumer stocks and here are two of them, both are dow stocks, hitting a record highs again today to keep going. nike and walmart. price of gold down again 18 bucks lower. $1,178 per ounce. check the price of oil, $74. we were approaching 73 earlier, bounced back a little. al sharpton wants everyone to pay their fair share. according to the new york times al sharpton may not be practicing all that he preachedes. according to public records he has $4.5 million in state and federal tax liens against him at his for profit business. does that mean he as that money in taxes? >> absolutely. he is a hypocrite. he is a professional race agitator. no one in america should care what this guy says but yet he has the ear of the president, governor cuomo hailed him as a civil rights hero ideas essentially the shadow police commissioner of new york city. this is another reason for every american who comes out of the rev.'s mouth to say why should we care. what is she doing for me? the civil rights movement actually helping better educate my children and get job opportunities, that is what they should be asking when they hear this guy talk. stuart: $4.5 million is a lot of money against him and his for profit business. thank you very much. walmart, they say they will honor their competitors over the holiday season. that pledge is shall we say backfiring. scanners are making fake amazon listings for playstation selling for $80, they normally suffer 400. a printed picture of the fake listing. 80 bucks for playstation, take it to walmart and because wal-mart made the commitment to honor lower prices of competitors they give the game consoles on the cheap, at $80 where it should be 400. see how the scam works? judge andrew napolitano is with us. is this criminal fraud? work is this walmart should be doing a better job spotting scanners? judge napolitano: the law protects you from people who commit fraud upon you but it does not protect you and cannot protect you from your own stupidity. if walmart boasts that we will beat any price and someone comes in with a price walmart is unable to verify but foolishly or stupid the relies on it they might have difficulty finding a jury to compensate them for that loss. but this is obviously a scheme. two or more people are involved is an organized criminal scheme and wal-mart is the victim. stuart: what about the people doing the scamming. are they guilty of theft? judge napolitano: it depends on whether or not this can receive the benefit. if this camera is providing the fake ad but gets no benefit, the scanner hates walmart, it is not that on the part of the scanner but if there's a grand conspiracy and in a conspiracy the conspirators don't have to know each other and don't have to plot with each other as long as there's a general agreement to participate in the plot. in most sophisticated conspiracy's the conspirators don't know each other so that they cannot testify. stuart: buy a common goal which is to scam a target. judge napolitano: they are not necessarily linked by familiarity with the identity of the scam. stuart: i am is the person who linked them by going on television saying this is how you do it. judge napolitano: think about that. bicycle wheel and you as the hub and each of the conspirators, the spokes. the only connection between them is you. i know you are cheap but you are not that cheap that you would go to walmart with the fake ad, would you? >> not me. i don't want to be accused of conspiring with the american public. judge napolitano: no one could credibly accused you of that. stuart: theft is a moral question. somebody who just does it on their own scam walmart. judge napolitano: i encourage walmart to go after them. it is absolutely theft. stuart: would you call of moral jihad against these people? judge napolitano: is called theft by deception. it is not a gun, give me the play station or else. it is duping using false statements and holding them out as true, duping the clerk. are these decisions made by clerks or wal-mart executives? to one made by lawyers. you get all fired up. a simple moral question about is it fact if you make a fake ad and present it to walmart? the guy goes off. >> asked me if i ever had a place in my hands. i wouldn't know if it hit me in the knows. stuart: i would like to see an on/off button on these things. that i might be able to turn the things on. judge andrew napolitano is his correct and full official title. judge napolitano: bless you. stuart: federal or state bench? judge napolitano: state. stuart: at the top? judge napolitano: i was a trial judge in new jersey. that is the trial court, intermediate appellate court, state supreme court, hy was at the bottom of the totem pole. you want to take of me saying that. stuart: i digress but i got to tell you i don't know how you do it. i would be absolutely incapable of passing judgment. i don't like doing that. judge napolitano: most of what you do as a trial judge is the gatekeeper deciding what evidence the jury hears and the other hand, what you do is ruling on the law. the jury decide guilt or innocence in the criminal context and once there is a conviction there is i hate to say this, a formula that you use to decide on sentencing with very little wiggle rome so you might dislike the task but the decisions are made for you by the formula. where does the formula come from? the legislature. stuart: i would like to see more wiggle room, more discretion in the hands of judges. judge napolitano: most judges believe that. the formula requires you to oversentence or undersentence because you know things about the case the legislature could not have anticipated. judges are human, and know that is hard to believe, rather than computers. stuart: i don't know how we got from scamming walmart to that but that was pretty good. brendel little time. judge napolitano: no matter what we're talking about is a pleasure to be here. your producers very happy. stuart: he leaves me out of the loop. thanks very much. judge napolitano: what do you want him to say? stuart: thank you, a judge. tiger woods upset over a parity interview that has in golf digest were in by a well-respected journalist. i will tell you why tigers so upset. the debate over working on a shopping, working and shopping on thanksgiving still alive and well, still going strong. we find out what you have to say about this and we will play your answers. stuart: of all of the 500 stocks in the s&p index the biggest loser is dollar general. they have shed 5,000 stores in order to get the government to agree to let it by family dollar. tiger woods is in green with golf digest and is making it known. dan jenkins is a respected golf journalists, longtime writer for golf digest, he penned a fake interview with tiger woods because tiger has snubbed him in the past. tiger didn't like this. got so mad he wrote a rebuttal, he called the article grudge fuels piece of character assassination. do you think tiger overreacted? made the. we will ask one of fox sports 1's peter schrager, a talk about the tiger fiasco. we will talk about that in the new and our. a big theme on the show, should the stores be open to shoppers on thanksgiving? listen to what kmart employees had to say on fox and friends this morning. >> we are nonessential employees and i don't feel we need to be open on a holiday. give us some time to spend with our family and this is all retail, not just kmart. stuart: that was from monday. we ask you what do you think? roll that tape. >> is part of the economy and they have to make money and that is important that >> everybody deserves to be with their families. if you go in, that will keep the stores open year after year and i think we as the consuming public need to let the stores now, let them be with their families. >> give freedom of people to move around and do what they want to do. certainly is the case in england. people stopped on sundays and holidays and people get used to. >> thanksgiving is a holiday that should be spent with family and friends. it is universal and this kind of break from tradition is not a good sign for us as a society. stuart: before we go any further mary has some daggers drawn here. >> is somebody forcing these people to work at these stores? no one is directing them you have to work at walmart, you have to work at kmart, if you want flexibility find a different kind of job. stuart: a little harsh. >> but it is true. stuart: when it comes with the territory. >> the stores need workers to stay open and will hire the workers who want to work those hours. bernard: the other side of the cooling, a survey from bank rate monitor, a bank rate, they suggest many consumers will not be shopping on black friday. 28% plan to shop in a store, black friday in a brick and mortar store. if you include online shoppers you only get to 40% so online, a brick and mortar, four ten people will actually shop on black friday. that is not thanksgiving, black friday so we are mixing apples and oranges but i thought it would be higher. >> you feel compassion for these folks who say they don't want to work when the store needs them to work? bernard: what i feel compassion but i think is part of the dog and if that is the rule going in stick with the rules. >> so we agree. stuart: we do. astonishing. will you shopped on black friday? >> yes if you give me a raise. stuart: nice try. the st. louis community of ferguson on edge. a grand jury announcement could come at any moment. guarantee you will hear both sides on fox. >> i don't -- >> you don't want justice for the officer? you made up your mind, you try, you convicted him, you don't want justice for the officer? >> what he did was wrong. >> you don't know anything. how could switchgrass in argentina, change engineering in dubai, aluminum production in south africa, and the aerospace industry in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. stuart: ladies and gentlemen, the winter weather has arrived. look at it. the big story is a big dump of snow in new york. look at that. 6 feet of snow. it is november the 18th. governor cuomo declaring a state of emergency. he suspended amtrak service through today. you have been sending in your pictures. here are some of them. lori sent us this photo from indiana. that is pretty. wind chills there dropped to a negative two. robert said this room oh hi oh. another pretty shot. a tree with ice on it. i like that. take a look at what winter weather looks like in the wee sienna did you think you are suffering? that is all you got? you are the parents of one of the people that work for us. check the big board. the dow is off its lows. yes, it is. nice strong sales at target. up she goes. 7%. la-z-boy profit up higher than expected. audio, still at a five year low. gas will keep falling. about a penny a gallon a day. where is the cheapest gas in the land? oklahoma city at a 7-eleven. $2.24. samantha kelly joins us now. how are the people in ferguson using social media? >> social media has always had a role in these happenings around ferguson. people were posting pictures on facebook and twitter. journalists were doing the same thing, too. one is to get information out. also to facilitate and go beyond just a community. stuart: everybody can receive these instant messages. the crowd can shift. the crowd can be told go over there. you can do that. >> sure. yes. a way to figure out what is happening and where it is happening. it gives you a sense of community to figure out what is happening. stuart: the authorities could surely read what the demonstrators are saying to each other. >> a way to have people organize and get the message out quickly. stuart: it is not necessarily a ground swell of local opinion. they could be organizers. what is this? hash tag hijacking? >> exactly. when something is trending and you see a hash tag, or even if it is not trending, anybody can take that hash tag. we saw this even with the super bowl. you had oreo or coca-cola using that hash tag to get the message out it is a very common way for them to step in and say there is already a captive audience here. stuart: nothing illegal about that, i guess. that is life. >> it is a strategy that is very modern era and people are taking advantage of that. stuart: authorities can read social media. the authorities cannot control the hijacking of the hash tag. >> right. exactly. when somebody steps in, that is organic, two. i think hijacking is an interesting word with it. stuart: samantha, think you very much indeed. breaking news from the department of justice. more than tripled the amount collected from the year before. the record about was boosted. mary, you are shaking your head. >> date essentially extorted this. they never took them to court. they could not win. no admission of guilt. better to settle, pages guys off and move on. stuart: did you threaten the bank with a criminal action? >> that is right. stuart: all the government does is threaten a criminal action and they cave. >> they say we will accuse you of being racist. we will do it in public unless you pay us tens of millions of dollars. they do it behind closed doors and they pay up. a big win for antidiscrimination cops here in this country. that is how it works. stuart: the walking dead. wildly popular. we will talk to one of its guest stars after this. ♪ nicole: i have your fox business brief. stocks up off the lows for the day. the down right now it down 15 points. coming under some pressure from the movers. boeing and walmart. check out how they are moving right now. microsoft, verizon and disney pulling back. sorry, stuart varney. look at staples, la-z-boy and lows doing well today. family dollar delays. much more varney and company coming up. ♪ you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance. ♪ (holiday mhey! is playing) i guess we're going to need a new santa ♪(the music builds to a climax.) more people are coming to audi than ever before. see why now is the best time. audi will cover your first month's payment on select models at the season of audi sales event. visit audioffers.com today. ameriprise asked people a simple question: in retirement, will you have enough money to live life on your terms? i sure hope so. with healthcare costs, who knows. umm... everyone has retirement questions. so ameriprise created the exclusive confident retirement approach. now you and your ameripise advisor.... can get the real answers you need. start building your confident retirement today. stuart: would you look at this. that is the new billboard in times square. it is the size of a foot of field. google, the first to rent it. the world's largest, by the way. $2 million for a four-week span. shares of amc networks are a little bit lower this morning here at not much. this network has the walking dead. arguably, the biggest show. one of the stars is here. >> you find out who did this and you bring him to me. you understand. you bring him to me. stuart: wow. i liked that. that was powerful. that was thai reese. not for me to say things like that. that got me. you were really intense. right in there. >> i was acting in high school, since i was a sophomore in high school. i took a little detour. stuart: where did you learn to do that? >> it started in high school. i had an amazing teacher. he inspired me. >> that scene, that really intrigues me. how many times did you take that scene? how many times did you do it? five, six, 10? >> more. stuart: you have to do that every time? >> you just get in it, stay in it and when it is over, we just haul out. stuart: it is appointment television. you are giving sunday night football a run for its money. >> it is special. stuart: this is a financial program. are you making a ton of money out of this? >> no comment. [laughter] stuart: i do not care how little, but do you get a piece? >> a little. stuart: -- >> five years, absolutely. stuart: how do you feel about paying more than half of that in taxes to your local government? >> i have a business. >> tax planning. that is what it is. even the zombies care. [laughter] stuart: you have a role in the new tv series law and order spu. >> that is right. it is an incredible episode. it is highly necessary. it is an important issue. i was happy they wanted to take it on. stuart: you jump right into a contentious issue. there is nothing really contentious about walking dead. >> it matters to me. actors always want to be relevant. they always want to have an impact on people. here is an opportunity to do that. don: i have strong political views and this is a financial program. >> i do. how do we have to negotiate the whole political landscape? let's remember to be human about it. stuart: would you like a tax cut? >> i would. stuart: would you like some big new full-time jobs? >> i would. stuart: you are a conservative, man. [laughter] >> i walked right into that. stuart: would you ever come back on this program? it is invited. >> that was terrific. i really admired your act in. that is talent. it really is. come on back and see us. the feds calling for a full recall. the reason, they could kill you. ♪ (receptionist) gunderman group. gunderman group is growing. getting in a groove. growth is gratifying. goal is to grow. gotta get greater growth. i just talked to ups. they got expert advise, special discounts, new technologies. like smart pick ups. they'll only show up when you print a label and it's automatic. we save time and money. time? money? time and money. awesome. awesome! awesome! awesome! awesome! (all) awesome! i love logistics. stuart: the government wants to thought a to release a national recall. how bad is it? >> it is bad. it is super bad. an airbag is really just a controlled explosion. there are sensors all over the car. there are these little pellets of ammonium nitrate. it is nitrogen gas. this is pretty violent. it all happens in literally, milliseconds. if one thing goes wrong, instead of being saved, you can die. authorities thought that there had been a homicide here it that is what they thought they were investigating. she had metal shards that went through her body. some of these are their fault. they agreed that they will have recalls. the national highway safety traffic administration really putting pressure on this company to do the right day. they are not based in this company. stuart: if they are found guilty or liable, they are out of business. >> they may be out of business already. stuart: that is extreme. it is an extreme problem. >> thank you. we will see you out 5:00 o'clock tonight. stuart: gerri willis. thank you. radical islamic groups say they will join and geared new at noon. colonel ralph peters on the national security threat from ferguson. tiger woods not happy about a parody interview with him. the second hour is two minutes away. ♪ over 12,000 financial advisors. so, how are things? good, good. nearly $800 billion dollars in assets under care. let me just put this away. how did edward jones get so big? could you teach our kids that trick? by not acting that way. ok, last quarter... it's how edward jones makes sense of investing. ♪ stuart: waiting for the riots in ferguson, missouri. the radical left wants violence. they are planning for it. the national guard has been activated. this is not to. planning for a riot. where is attorney general eric holder? he should insist the court judgment be respected. instead, he has implied that he himself does not trust the police. yet again the divisions in our society have been exposed and they appear to be worsening. ralph peters and the exploitation on ferguson. ♪ stuart: at any moment we could get a grant jury decision on whether ferguson, missouri i'm a police officer will be indicted. lieutenant colonel ralph peters is with us. is this a case of those people that paid us are exploiting this situation? >> certainly that is the case. they know that they can inflate hatred, even v. by the way, stuart, the irony of a mob seems totally lost on the president and attorney general. i have long viewed as a suppressive group. they are really noisy. they are able to attract so much attention. all of their pleas about prejudice against muslims and islam's, it is starting to wear thin. they are having trouble on two fronts. it was not working well. although, they were able to bully american moslems. now, it is wearing thin. they are trying to recruit among america's black population. they are trying to recruit him present. they are familiar with the muslim brotherhood. their radical message is not nearly radical enough for young people. they are now competing with the likes of islamic state. they are losing backgrounds. they are growing desperate. that is why they are trying to do their worst to exacerbate. stuart: colonel peters, will you stay there for a moment. back to you in a second. the big ward says a big loss. a flat market yet again today. we are down a quarter of 1%. target, there is a winner. strong sales and a surprise profit. look at it go. lowe's raised its forecast. it is mid-november. in part, lowe's is up 6.5%. look at staples. it is back 9% today. higher profits also at least the boy. 6% higher. quickly to the weather. freezing temperatures all across the country. seven people killed in this storm. up to 6 feet of snow in upstate new york. buffalo getting a record amount. grand rapids michigan digging out. 2700 people in that city without power. this instagram post. braving the cold wearing just a pair of shorts. the caption reads this snow does not scare me. maybe it should. if the snow does not scare you, the temperatures should. check the map. we do have temperatures below freezing all across the region. >> i came from the city. it was not so bad downtown. as i got farther and farther out, it got worst. >> the snow blower does not do anything. >> too much shoveling. >> it is november. november the eighth team did we want to see more pictures on the weather. gasoline prices. $2.86 is the nationwide average for regular. cheap gas is great. i am wondering if the benefits are outweighed by this cold snap? do they cancel each other out, do you think? >> as you are reading all of those, all i could think about is we might as well cancel thanksgiving and christmas. this bad weather will give every democrat in excuse for why they got run out of office on the fourth of november because it is all about the economy. if this economy catches fire, so well oiled. >> the words of wisdom and the voice of reason. that is good stuff. let's go to the keystone pipeline. one vote short of the 60 needed. senator elizabeth warren talking about it. >> the bill has not passed. stuart: john hoban joins us now from capitol hill. senator, i do not want to be harsh. i think you have lost. the president will veto it. you do not have the votes to override. it looks like you lost and the greenies one. >> you could maybe argue that for this round. i do not think that is the case at all. i think that we will pass it. the votes were not there. fifty-nine votes. that continues to move us forward in the new congress. the real challenge will be president obama likely to veto it. stuart: you need 67 votes in the senate to override geared odds are, you will not get them. i hate to go back to this. you cannot win this one. >> i think we can. it is about energy, jobs, the american people overwhelmingly support it did 60, 70% of the polls. this is about working for the american people. i think that we will win it. i think we will get to that threshold. we will ultimately win it on the merit. stuart: it is not just to the pipeline. you will have to chuck a few things in there. >> it may be a two-step process. we may not be able to override directly. you have the litigation in nebraska which should be resolved by then. we may need to add another energy measure to bring just a few more votes. stuart: okay. we admired your optimism there, serve. thank you for joining us. appreciate it. >> bank you, stuart. stuart: five people were killed in an attack by two palestinian men yesterday. >> two attackers brutally attacked innocent workers in a synagogue during their morning prayers. obviously, we condemn them to the strongest term. stuart: senator ralph peters is still here. >> i barely heard it. the president sounded bored. for more dead jews. i just have to say something. this is horrible what happened. two palestinian cousins armed with hatchets, knives and guns entered a synagogue, attacked the rabbis, a dozen other people were injured geared they literally butchered for rabbis. our president does not even mention religion anywhere in there. you are back to the fact that this president acts as if this is casual violence or work based violence. those two palestinians did this shouting -- stuart: i only have 30 seconds left. tell me why you think the president holds back on harsh criticism or a strong statement when this kind of terror attack occurs. >> can you imagine how furious, how outraged our president would have been if two israeli jews had entered a mosque? i can only conclude that this is a hangover from his entire upbringing and adulthood. stuart: colonel ralph peters telling us how it is. here is what we have for you. the lineup for the rest of this hour. all eyes on ferguson. we spoke with one business owner that is not ordained of. he is still open for business. al sharpton still owes taxes. so much for paying george fair share. tiger woods upset about a parody interview. find out why he is so upset. ♪ she's still the one for you. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial. [annit's working forny. cialnew york state.e already 41 companies are investing almost $80 million dollars, and creating 1750 jobs. from long island to all across upstate new york, more businesses are coming to new york. they are paying no property taxes, no corporate taxes, and no sales taxes. and with over 300 locations, and 3.7 million square feet available, there's a place that is is right for your business. see if startup-ny can work for you. go to startup.ny.gov. stuart: taxes to the government. one fifth of households getting stuck with the bill. elizabeth mcdonald's is here. people get more from the government they pay in. >> it is so misleading. with all due respect, it relies on tax return data. the data does not cover or include food stamps, medicaid, social security or income tax credit. the 401(k) or pension. $12 trillion is not on tax insurance. when you factor in the government benefits, the picture is way more different as to where the income is going in this country and to is getting the benefits. stuart: several trillion dollars a year. it goes out from the government to individuals. it is kind of like income, but it does not get reported on income statements. >> that is exactly right. the top one fifth pays for all of that. they pay a lot in the way of taxes. it does not take into account how small businesses started reporting their income in the 80s. small businesses, yeah, we will report at that level. the tax returns do not take into account how middle-class taxes sheltered their incomes. there are all sorts of distortions are the progressive left on this. you really cannot take them seriously. they will say that the lower to middle class saw their income cut. when you account for all the government benefits, their income actually rose by a third. you see the top fifth taxes actually going up. this is a really misleading rebate. you heard it here on varney. you have to listen to stuart varney. they are giving it to you straight. stuart, back and do that again. >> i will. we have tiger woods very upset with golf digest. woods has snubbed him over the years. you named your yacht. do you really expect and demand privacy? i thought about renaming it serenity, but that pretty much went out the door when a nine iron hit the window of an escalade. ouch. tiger did not take too kindly to the joke. he wrote a rebuttal. jenkins saved an interview. the trader from fox sports one is here again. do you think that tiger woods is going to far? >> dan jenkins is one of the icons and sports writing. not only was there a fake interview done, he also hired an actor to do a photo shoot. very strange. if you are golf digest, you are trying to get some attention here. it looks like golf digest is trying to stir it up. the first thing they want is tiger woods to be so shaken up by this to respond. it seems like they did their job. tiger woods is running for a new website which is called players tribune. it is all owned by derek jeter. instead of going to other reporters, tiger woods penned a first-person response to this. the media on athletes is very interesting. dan jenkins is the legend. it is fascinating. stuart: if he is getting together with other athletes, that is news. taking control of their sport. >> it is horrifying for a sports writer like myself get if you are going to cut out the middleman, what is going to happen? he is the financing behind this. it is a website. it just launched after jeter retired. tiger woods does not deal with the media. you have new guys alike blake rivet. michael carter williams, he called out espn. suddenly you have these athletes with a voice. it is their own voice. >> there is something on the teleprompter that i do not understand. jets and bills in buffalo on sunday. is it going to happen? >> no. as of now, we are on target. 1:00 p.m. kickoff. the facility was closed today. no this. look at some of these players. you always find a way to play. >> .exactly l.a. weather. stuart: not bad again. four and a half million dollars in taxes. where is that fair share? ♪ ♪ they are a glowing example of what it means to be the best. and at this special time of year, they shine even brighter. come to the winter event and get the mercedes-benz you've always wished for, now for an exceptional price. [ho, ho, ho, ho] lease the 2015 ml350 for $579 a month at your local mercedes-benz dealer. stuart: al sharpton who wants everyone to pay their fair share may not be paying his fair share, according to the times al sharpton has $4.5 million in stated federal tax liens against him, mary kissel had some harsh words for him last hour. >> he is a hypocrite, he is a professional race agitator, and he is the year of the president, governor cuomo hills of the civil rights hero and essentially the shadow police commissioner of new york city. stuart: the uber saga continues, there was a 14 separate suites on his twitter account apologizing for the vice president and michael's comments. he wrote articles against uber and concluded with an apology to sarah and lazy, outspoken critic of uber listen damage to uber has been done. they settle the claim to keep 100% national that phrase off of their nature valley granola bars. accusing general mills of making misleading statements by marketing the nature valley products as natural when in fact they contain genetic modified and processed ingredients. the booming legal pot business, the estate of the late reggae star, and that is an emprise been diminished investment firm. it does make sense. bob marley was a storage advocate for legalization of pot, in 1981. ferguson, missouri, state of emergency declared. national guard activated businesses, after the break one business that is not boarding up. why is that? >> they know they can incite hatred, even violence. hard it can be...how ...to breathe with copd? it can feel like this. copd includes chronic bronchitis and emphysema. spiriva is a once-daily inhaled... ...copd maintenance treatment... ...that helps open my airways for a full 24 hours. you know, spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace rescue inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss 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 can get 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. sfx: blowing sound. does breathing with copd... ...weigh you down? don't wait ask your doctor about spiriva handihaler. (receptionist) gunderman group is growing. getting in a groove. growth is gratifying. goal is to grow. gotta get greater growth. i just talked to ups. they got expert advise, special discounts, new technologies. like smart pick ups. they'll only show up when you print a label and it's automatic. we save time and money. time? money? time and money. awesome. awesome! awesome! awesome! awesome! (all) awesome! i love logistics. it's more than the car.er. for lotus f1 team, the competitive edge is the cloud. powered by microsoft dynamics, azure, and office 365, the team can gain real time insights and instantly share information around the globe. when every millisecond counts, staying competitive begins with the cloud. this is the microsoft cloud. stuart: try it this. freezing temperatures and snow measured in feet. winter weather has arrived. it costs more, liz macdonald is here. we have had this argument before. let me say my piece. i say the savings from cheap gas, the push for the economy is much greater than any loss from this cold snap or prolonged cold winter. liz: i take the other side of that. if you say prolonged, it would be -- stuart: an elevation like last year. liz: we saw basically your argument doesn't hold up when we saw what happened last year. stuart: the argument doesn't hold up? liz: it was -- did hit a lot -- the first quarter went to negative territory. that was historic. we saw a downturn in first quarter gdp, the worst since 2009. the economy did make it up in future quarters. we saw in the second and third quarter the economy go up. all the economic activity was delayed in those quarters because of that. stuart: the idea that cold weather over takes good news from cheap gas, that whole idea, wipes it out. i'm not buying it because it is highly speculative about the nature of the winter yet to come. liz: the hedge fund guys and wall street guys make trade on it but i hear what you are saying. one thing in your favor for your point of view is the gas bill and what is in people's pockets. amazon, walmart, coles and macy's are increasing their job hiring for the holiday season, made that more consumers have the money to spend so i think you win this round right now for now. stuart: i do with this round. liz: this is only the second round. stuart: all bets are off, a terrible cold winter the glass all the way through till march. you agree? liz: you are reversing earlier. stuart: i am not backpedaling. i-man minor leagues retreat. stuart: please check the big board. the dow has come back a little. the retail winners, and two buyout firms have plans to take pet smart private. that is important. it is up 4.5%, 77 the new high, higher sales at staples, stock is up 10%. surprise profit at target, not much impact from last year's the breach, they're up 5%, 7%, nice gain for target and gas still falling at penney gallon a day, the national average is now $2.86. 37 states are in the $2 club. those are states where the price is below 3 bucks for a regular and average and almost the whole country. back to jonathan gruber, the ripple effect from his comments of moved past washington. some states are considering whether they should cut their ties with gruber. rich edson reports. >> i want to focus on a stage at the forefront of health care experimentation. vermont is implementing a single payer system like canada, where the government is the insurer. gruber is consulting with the state under a contract, three state reps are asking the governor to cancel the deal, local press reports him as saying the state needs gruber's work on cost reductions to keep implementation on track, the governor's office asks for comment his spokesperson said, they have no comment for us. stuart: what was that about massachusetts where he said ted kennedy had messed around with the fed so he got them to pay $400 million a year to mess it up. i wonder if the same might be true in vermont and they are tired of it. >> one part of this implementation, the single payer system has to be in effect by 2016-17 summit is not there yet and they're relying on federal money just like massachusetts did. this is one of the outstanding questions what is going on in vermont. stuart: socialized medicine rears its head again. appreciate it. back to ferguson, we have a business owner on the phone, charlie davis is the owner of ferguson burger bar and more. i understand you are in the thick of where the action might be and you did not board a pure business. tell us why you didn't do that. >> that is correct. my main reason i have my trust in my god. my god gave me the of the it business and if something happens to so be it. i put my trust in the community as well. faith in god, trust in the community, what can go wrong. stuart: interesting you would stake your business on your face because that essentially is w you might be doing, correct? >> exactly. stuart: nothing wrong with that. i am not being critical, just saying that is unusual in this day and age and i suspect not many of your neighboring businesses have followed suit. >> i can't speak for them. i do understand why they're doing it simply because. as a small business i could be putting my life at risk. one big loss of 10,000 because we don't make that type of money on a regular basis daily here. it is more of a small business. i am taking a big chance. stuart: i remember in previous urban problems, urban violence some people who are black who own businesses will put a sign out front saying black owned business to cheaper -- black protesters away. do you have a similar sign? >> no. stuart: will you stand out front if anything develops and show yourself? >> no, sir. again, i have my trust in god and i will let him do the protecting. what i am here for is to serve the people. i was here when it first started. i didn't close. i was the protector, shelter for people out here in the storm, a shelter and a protector, even for officers who were getting their own teargas or smoke bombs. people when they didn't have money. i don't feel i need to stand out front to show that. stuart: charlie davis, we respect and admire you and thank you for contributing to the program. hope you can come back and see us soon. guinness, the iconic beer, is a dark beer now. taking a big campbell, going blonde, guinness? you kidding me? we talk to the guinness people next. first, a quiz. how long does it take to achieve the perfect guinness? give us the answer on facebook and twitter. you don't get any beer for getting it right but we will tell you, time to do that after this. see this? it shows the pressure points on my tired, achy feet. i had no clue i was putting this kind of stress on my feet. i have flat feet. i found this out at the free dr.scholl's foot mapping center at walmart. in less than two minutes, i got my foot map and my custom number i'm a 440. i'm a 210. 340. that number matched the dr.scholl's custom fit orthotic inserts with just the right support to help relieve stress on my feet. i'm a believer. go to drscholls.com for locations and save $10. nicole: i am nicole petallides, the dow jones industrial average down 21 points, the s&p 500 down 6, the nasdaq down 23, as far as sectors, the energy sector which consumer pressure in the green, consumer discretionary very well. costco and whirlpool at new highs and nike also and walmart, record high too, blackberry, morgan stanley, from an equal weight, $7 price target thinking the market is too optimistic and will reach its target for new software revenue of $350 billion by 2016. it is down 3.7%. the closing bell, they're reporting green mountain coffee at there, and williams sonoma. more varney coming up. e investing almost $80 million dollars, and creating 1750 jobs. from long island to all across upstate new york, more businesses are coming to new york. they are paying no property taxes, no corporate taxes, and no sales taxes. and with over 300 locations, and 3.7 million square feet available, there's a place that is is right for your business. see if startup-ny can work for you. go to startup.ny.gov. to build something smarter. ♪ some come here to build something stronger. others come to build something faster... something safer... something greener. something the whole world can share. people come to boeing to do many different things. but it's always about the very thing we do best. ♪ i'm sure you know what this themeeting is about. best. yes, a raise. i'm letting you go. i knew that. you see, this is my amerivest managed... balances. no. portfolio. and if doesn't perform well for two consecutive gold. quarters. quarters...yup. then amerivest gives me back their advisory... stocks. fees. fees. fees for those quarters. yeah. so, i'm confident i'm in good hands. for all the confidence you need. td ameritrade. you got this. stuart: the pentagon says a u.s. servicemen returning from west africa is being closely monitored for ebola. 69 military personnel returned to fort bliss this week, one of them threw up on the plane ride back. that is the person being monitored. check the share price of target rallying on a surprise profit. come on in, look at that, target at 72, it has gone up nicely recently. are you buying any more of it? >> no. it is getting a heck of a move today and part of that is on the expectation that earnings will be a bit lower. they beat them but they walked back the earnings back in august. it doesn't surprise anybody they did get to be them so i am concerned about the robust 1.2% increase in sales, the big holiday -- and it is a great run, attired in here, this move is indicative of the top. stuart: you are such a downer. i move from walmart to target because i liked these for more rain you say you won't buy any more of the stock. green mountain, stock of a year in the s&p reports profits "after the bell," that has gone straight up. are you going to not buy any more of it? >> i don't think i would buy any more. if you own it here is fabulous, has another $15 to go higher. that is bullish for the stock. 60% owned by coke so we have a great base in terms of the ownership and institutions that are participating, it has a unique proposition. it is -- has a long way to go. if you own this, you got to stick with it. stuart: give me one stock you like, you are going to buy it now. >> i am adding to microsoft. stuart: are you? really? >> microsoft and apple love. stuart: do you own it already? >> microsoft yes, apple and no. stuart: are you saying by some microsoft because you know you want to get back on this show and i own microsoft so you get back if you say yes to microsoft? is that it? >> no. i love the turnaround i have seen and the new management, i love where they are going. i was on your show while ago, i called it $50, getting close. it has been wasted go higher, i love what the company is doing. stuart: you will be on the show again tomorrow and the day after a year are anchoring it next week. thank you, you are all right. this is not for shaw, this is you. when you think of guinness obviously you think of the smooth dark beer being poured, guinness wants to give you another option. they are calling it the 1759 limited edition of from premium amber ale. amber is not dark, and is light and guinness brand director doug campbell is here with it. we are not going to open the box and for this thing. you are worth a responsible for the brand. what i you thinking doing away with a stout dark look over beer and giving us some pale yellow stuff? >> nothing of the sort. this is a limited edition, 90,000 bottles, amber ale, and you will see it as not bubbly yellow. a little bit of smoky flavor to it. as we are a little higher, alcohol by volume. and marketing towards women. any number of fine beers will find this. stuart: dark guinness beer, not favored by many women, is it? >> you would be surprised. stuart: overwhelming majority of drinks? now you come in -- now you come in with and amber ale, marketing to win, to everybody. >> it would be a nice story. stuart: only 90,000 bottles of this being created. >> this will retail for $35. stuart: how much is in there? stuart: the wine bottle. over $30. >> this came from a couple things. despite the fact that dennis is known for the velvets move guinness style you would find in an irish pub. and made to commemorate the year of signing the original lease and when you did that, this was his first year borrowing and hebrew like everybody else. and with whiskey malt with our distillers. to make it really interesting and if you try it i would agree. stuart: i can see you guys sitting around a table thinking you got to get a nice city them for the holiday period 2014. let's make it a limited edition, 90,000 bottles, given a nice name and a nice box and put a ribbon around this and market it to win in. >> the market is -- stuart: that is what you did. >> just going to write that down. it sounded much better. bernard: when you control guinness. >> it is morris than that. our borrowers do amazing things in dublin. stuart: the guinness factory three months. >> pretty magical place. the great for. the view from the top. bid in one case that the very top. do you know i met some varney viewers at the top. >> we get all types. we get 600,000 americans every year. stuart: all ties. stuart: before the break we asked you how long does it take to achieve the perfect guinness for? the answer according to guinness is 119.5 seconds. come on, that is two minutes. the viewer who guessed correctly first was dave kansas. you got that awfully quickly. we sure hope you didn't get some help from our friends at google. congratulations, you don't get any beer. you get kudos for having your name on the air. thank you very much. next time you will open one in you contested the how many problems do you have yourself? >> just a couple. stuart: are you giving them as gifts? >> absolutely. a little bit of everything. stuart: i got your number. a troubling sign for the middle class at the housing market, affordable homes, less of them being sold, we will explain in a moment. over 12,000 financial advisors. so, how are things? good, good. nearly $800 billion dollars in assets under care. let me just put this away. how did edward jones get so big? could you teach our kids that trick? by not acting that way. ok, last quarter... it's how edward jones makes sense of investing. ♪ and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial. stuart: to housing data shows 62% of homes sold last quarter is considered affordable for families. it was 78%, what is going on? cheryl casone knows what is going on? cheryl: this shows incomes are not keeping up with prices. that is what this data tells us. you can't have a real-estate market you don't have a job market and we have an unhealthy job market. incomes are not rising like they should be. price is going up, incomes are not. stuart: and equations, incomes versus mortgage rates versus the price of the home. you put them into an equation and find out are they affordable or not? >> it becomes the affordability quotient. guess about the most affordable places in the country? stuart: california no.. stuart: only 11% of homes sold in the last quarter in the bay area are considered affordable. of levon%. go to youngstown ohio. stuart: location location location. and a firefighter or teacher, you can work in this city and afford to buy a home. stuart: is that an economic indicators it tells you a lot about the state of america's middle-class when affordability, homes affordability comes down, you have a problem with the middle class. i don't think you could win a national election where the middle class is being squeezed and losing ground. >> we talk about this as well. i agree with you as far as the election but we talk about the fact that the higher paying jobs, seven years ago don't exist any more. we have a lot lower paying jobs, less higher paying jobs, this is what will affect the election and the real-estate market. it all goes back to jobs. stuart: you are right, see you again very soon and we have more varney in just a moment. south, and the aerospace industry in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. >> having trouble on two friends in the marketplace, to radicalize american muslims. it wasn't working 12, and they have the white house behind them. is wearing thin and they're trying to recruit from america's black population which they see as the firm recruiting ground. bernard: when that was colonel ralph peters on the situation in ferguson and the council on american islamic relations. interesting story. here is dierdre bolton. dierdre: the journalist at the center of uber's pr nightmare, sarah lazy will join me with her firsthand experience. more tech heavyweights like fred wilson's comeback after ashton closure, investor neighbor as well weighing in. apple versus of the government, the justice department is complaining that new encryption technology by apple, google and others is making it harder for police to gather criminal evidence. nielsen taking a big step into new media with netflix, the amount of times you binge on house of cards will be quantified. there is this heated standoff between the department of justice, wall street journal, and what does this mean? apple, google and others want consumers to feel as if their data is private and the