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 . Dont 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 recordbreaking 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 were 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 everybodys 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. Lowes 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, doesnt 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. Lowes 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 lowes 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 dont 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, lets 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 wasnt scored properly by the cbo. That is unconscionable because lawmakers make decisions upon what nonpartisan 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 im sure theyre 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 wasnt ready. Heres 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 were going through now. You cant 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 wasnt 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 dont 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 theres discussion between the two chambers and Say Something to the president. He hasnt had any of these bills, we have 3 under tbills 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. Thirtysecond worth of headlines and heres 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 Browns 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. 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. Theyll only show up when you print a label and its automatic. We save time and money. Time . Money . Time and money. Awesome. Awesome awesome awesome awesome 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 walmart 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 walmart 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 theres a grand conspiracy and in a conspiracy the conspirators dont have to know each other and dont have to plot with each other as long as theres a general agreement to participate in the plot. In most sophisticated conspiracys the conspirators dont 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 dont 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 walmart 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 wouldnt 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 dont know how you do it. I would be absolutely incapable of passing judgment. I dont 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 dont know how we got from scamming walmart to that but that was pretty good. Brendel little time. Judge napolitano no matter what were 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 wellrespected 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 didnt 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 1s 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 dont 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 th