This is not your fathers business show. Varney and company is about to begin. If huge sheet you dont play fair you will be the mvp of the superbowl and marry one of the most beautiful women on earth. Stuart everybody is talking about it. The patriots did intentionally deflate balls at the afc championship game. Quarterback tom brady most likely new what was going on. The new york tabloids were having a field day. The front page of the New York Post nfl probe, the cover of the New York Daily News great balls of liar. He is laughing already. With who is here. Lou dobbs host of lou dobbs tonight. Hold on a second. I have to say my piece here. I am astonished at the venom being directed against the patriots and tom brady. All quarterbacks select the ball they wish to use and the inflation measures thereof. Lou it is always amazing. Over the course of my career we have seen it. There is this righteousness that explodes over the most sometimes trivial things. I am not suggesting this is trivial in any way but this is right up there with if the nfl wanted this conduct remove from the game they would have someone to if you will guard the balls. A ball guard. Whatever is they would use. They have a lot of money. Six officials on the field at any time. An entire replay crew. They have every opportunity. With we have every treason suspect and my goodness. How about just a level of common sense by the nfl here. Yeah. Surely you dont think that brady and or the patriots should face fines or suspensions. I personally believe this is such a trivial matter. The record is empirical. He through better in the second half with fully inflated balls than he did with deflated balls. This is all about hated of brady and the patriots. He is married to one of the most beautiful women in the world, he has a lavish fortune, he is the best Football Player arguable in the world and who wouldnt want to say may be just a peg or two down, please. I wished you could say our floor managers face, and he is not at all. But hes a refugee from the seminary, and he is the epitome of so holly that we cant possibly obtain molly is with us and shes got 10 seconds. Had a whole array of adjectives to describe tom brady, from a female view, he lot of the out one word. Hot. I meant to start with that. Glad, your honor. Let me just say. When a team is as good as the patriots, there should be no need to cheat. This is human nature. It was like watergate nixon was leading by 20 points, is there was no need for a watergate break in. They go down this road when theres no need. Insert the word competitive and powerfully so and four super bowl championships. Talk amongst yourselves for one second, im going to check the big board. We turned positive mildly so, other than that very flat, very important on jobs report that comes out at 8 30 eastern tomorrow morning. This is not your segment yet just stay there. You want to come back on the show . [laughter] all right. Another segment. This is very serious. Look at allen basher, we call it the amazon of china. They cheat. [laughter] they made an awful lot of money. Remember on tuesday the stock hit an alltime low. What youre looking at is a nice bounce. Up 7 and theyve got a new ceo and that is helping the stock as well. Green mountain. People are not buying their new brewing system and it has cut its sales for the profit forecast for the year. Down it goes 8 . Dropped below 100. Tesla, they lost money but sold more than 10,000 cars, apparently thats good news but stock is down. Youre laughing, why are you laughing . Good volume. Lets boost the stock. Do you have anything to say about the liquid lamb narrates theyre being investigated for their allegedly toxic content. What do you think . Im just shocked that anything would be from inferior quality coming from china and influence the health of americans. Sarcasm is a low lets move on. What market of action do we have for you today . Oil down were up 62, but gas thats gone up again. 2. 65 is your National Average and gas again has gone up for 23 Straight Days. I think that may have v an impact on the economy. And Hilary Clinton has been campaigning for 26 days, and in that time she has answer just seven questions from reporters. Now the times will Start Publishing questions that they would have asked clinton if they had the opportunity. Sounds like they are edging away from hilary. Well, one of the reasons that the stories have had such traction is its not just coming from the right wing, these stories are being investigated by and coming from left wind media organizations like the New York Times and the Washington Post and others, their motivates are not conservatives, theyre not in love with ted cruz and would like to see him elected president , they are frustrated with hilary because shes not left enough. What theyre trying to do is weaken her to get a more revolutionary character to challenge her in the primary. Can you confirm this . I am told that Elizabeth Warren held a closeddoor meeting yesterday with her principle supporters that are being told to run is that true. A closed meeting with senator warren, she says shes not running when the temptation might be there. My column today in the Washington Times gives hilary some advice. It says mrs. Clinton should give her own checked speech, which is what nixon did when he was accused of having a legal fund he saved his political career. But it only worked because he had the truth on his side. Youve got 10 seconds. I think to think of nixon in the checkered speech when you have the family with 2 billion it was over 18,000 in 19 52. Now were talking hundreds of millions. Talk amongst yourselves while i deal with another subject. There is another dig talking today as well as deflated footballs and tom brady. Mcdonalds. The new ham newham he made his return, he first debuted back in 19 71, thats the one creature there on the left. And now hes all grown up. See him on the right . Some say he looks creepy with his mask and top hat and monica other say he looks hip if not hot with that beard hes got red sneakers on, i dont know what you think. It is a little christian gray. She says hot. I have no idea what youre talking about. Proceed. It means hes hot. Anyway mcdonalds is hoping that the hamburgler will help the sales its down for mcdonalds quarters end ceo announced the chains turn around plan on monday, totally disappointed. If you take a look at the stock, its down 1. 5 percent from that announcement. Mcdonalds is also hopping on the kale trend putting green on their Breakfast Menu at the california stores. I want to ask you. I think the biggest thing for mcdonalds is whats going on in new york right now where have made pushing for 15 for fast food workers. Thats a huge threat to mcdonalds. Yeah. Unhelpful to the fast food industry. Entirely is to so. And this going back to the ham berger,. You. Youre cruel. The hamburger very 1970s if theyre trying to reach a young hip audience, this is not the way to do it. Even if if you come way down market to talk about kale and football. I told i live here. Now something very serious. A key ruling by a federal court might be the first step in eliminating the nsa controversial phone spying program. Ready to take a victory lap maybe . Here he comes. All right. music plays throughout the pursuit of healthier. It begins from the second were born. After all, healthier doesnt happen all by itself. It needs to be earned. Every day. From the smallest detail to the boldest leap. Healthier means using wellness to keep away illness. Knowing a prescription is way more than the pills. And believing that a single life can be made better by millions of others. Healthier takes somebody who can power modern health care. By connecting every single part of it. Realizing cold hard data can inspire warmth and compassion. And that when Technology Meets expertise. Everything is possible. For as long as the world keeps on searching for healthier. Were here to make healthier happen. Optum. Healthier is here. The real question that needs to be asked is what is it that we can do that is impactful . What the cloud enables is computing to empower cancer researchers. It used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. Whatever i can do to help compute a cure for cancer, thats what id like to do. It is a flat market ahead of the big jobs number tomorrow morning. Were up 42 points. Now look at priceline. Profits were up a little, but they expect slower growth. Dont do that. The stock is down 3 1 2 percent. Whole foods its down 2, by the way, that company is going to roll out a new chain of less Expensive Stores geared to younger shoppers. Time is money. Three other stories. Here we go. We have a lawyer who is suing uber. Is she trying to put uber out of business or whats so bad about this sharing economy . The Washington Post says why its okay to hate millennials theyre not patriototic ands war on fossil fuel, if hes successful, could that ruin our economy . We have someone on the show that says, yes, it can and it will. And Appeals Court appeals that the nsa phone records is not authorized under the patriot act. This is a very big ruling. I understand the significant. What exactly is illegal . There are two rulings by federal trial judges on whether or not the language in the patriot act permits the nsa to Gather Content of phone calls and emails under this law. And store it. And store it and keep it and examine it as it wants to. One federal judge says it does not, the other judge says it does. The federal judge that says the language does authorize was reserved today. Its about 97 pages long, is the highest court in the land to rule on this. Just below the Supreme Court and it said the interpretation of the patriot act by the Obama Administration and the by the george w. Bush administration, which was approved by the court is wrong. It does not recognize the data without a search warrant. So if the Congress Wants the nsa to have that authority telescopically lay it out and if it does, then well decide if its constitutional. Weve been doing this had to years. We have. Theres an enormous amount of information stored in that. Digitally 27 times the library of congress. If it was illegal to collect that information and store it, must we now destroy it. Probably yes, but this court does not go that far. This court basically says because this law they just found does not authorize spying the way the governments spying expires at the end of this month. Its up to the court to decide what happens at the end of the month, but more importantly its up for congress to decide what happens after june 1st. Suppose we have a temporary incident in the United States and we find out the name and the phone number and the email address. Terrorist in america. Can we now go back to that illegally obtained information, search through the nsas records and find out who that terrorist was talking to, has he plotted the event. My guess is no, but the nsa would probably do it anyway because because of their dedication to their mission. And i would say do it. Well, ill tell you why. We had a terrorist plot over the weekend. We had two jihaddist try to murder peoplous of dallas texas because they came together to mock muhammad, an absolutely protected free speech,. Okay. They were not stopped by federal spies. They were stopped by an offduty traffic cop. That is a failure of the Information Collection and sifting through it. It doesnt mean to say we should not do it ever again in the future. It says we should sift information from the bad guys. These two guys were on the fbis list. Instead of shifting their information, the government is shifting the information of people like you and me. It was a failure of search, not a principle, in my opinion. It gives the nsa too much to go through. It limits them to probable cause, if they follow the substitution, they will only go apt bad guys. So would you be happy if they pass a bill and say yeah, you can do that. You can have a mass collection of information and you can store it. Would you be happy. First of all, i wouldnt be happy, but neither would the constitution if it had a happy meter. It cant change the constitution. Do you remember we had a constitution in this country something henry the 8th never had. Youre going back to henry . I wish we had more time because youre also totally wrong on brady and the patriots what does brady have to do with this. Separate from this. Okay. If tom brady can get rid of this hell destroy professional sports. What . You can reward a cheater of that magnitude you can encourage cheating. You want some applause from the producers, the control room, and from our whats your name again . [laughter] okay. Ive got the third wrap okay . Were done. Im out of here. Totally wrong on both counts. Believable. The irs one of the most feared agencies but if you work at the irs and you cheat your taxes, you get a pass and youll keep your job two tornadoes touched down in the Oklahoma City area. The first hit in the afternoon. It destroys hundreds of homes in bridge creek. Later in the day tornado graced the south side of Oklahoma City. And brought down power lines flipped over a lot of cars. Pretty dramatic video of this. It whipped through texas nebraska and oklahoma, at least 12 injuries, no deaths at this time. An audit by the treasury departmentds of the irs refused to fire most of its employees who were found to be cheating on their own taxes. Some of these tax cheats were even promoted. Blake is in dc with details. What have you got blake. Thats absolutely right the Government Watch dog that released this report, found over a 10 year period 1,600 irs employees were nontax compliant. The irs commissioner decided not to fire the employee stu mentioned. Some were eventually promoted. There were also repeat offenders. The example cited in the report pretty basic. The over extend of the expenses repeatedly failed to file and even got a home buyer tax credit without buying a home. It did not say why these employees were allowed to keep their job, but the irs says we can improve this process. Ive heard that before. Blake, thank you very much indeed. Thank you. I think to me, the bottom line here is, you cant fire a federal employee. Theres irony and then theres irs irony as we just saw in that story. But it does raise the bigger question about federal employees and the inability to fire female people who are in gross violation of the law or engaged in unethical activity. It gets down to this, stewart the government has no profit motivate. Theyre not run like a business. Within a business if you have an employee thats doing illegal or unethical stuff theyre fired. Theyre out of there. The government has no profit motivate but theyre fully unionized,. So theyre fully protected so between those two things, you cant get rid of people who are even engaged in the most grotesque behavior. Thank you monica. Up next the lawyer who is suing would have been if shes successful, she could put them out of business. And the debate on taxes spend versus taxes cut on government. Same debate here as there. Im going to explain why that election over there matters here. And im going to pose this question. What happens if the left wins . It would be a total disaster. Were talking about the economy going down, then youre talking about sterling. Sterling probably at 140, you know the foot is going to drop thousand points when cigarette cravings hit, all i can think about is getting relief. Nicorette mini starts to relieve sudden cravings fast. Anytime. Anywhere. I never know when ill need relief. Thats why i choose nicorette mini. The 7, 88 points. Look at zynga. This is the farmville people, they lost less money and they are cutting jobs. That is what investors like. Stock is up 6 at 2. 77. The price of oil, 59. 52, down one dollar and 0. 40. National average is 2. 65. Uber classifies its workers as contractors which means they dont need Health Insurance but regular employees might get. Shannon is the lawyer fighting uber in court. She wants uber to reclassify its workers as regular employees. Welcome to the program, good to see. Thank you very much. Stuart uber is doing nothing illegal by classifying people who work under the bernard uber umbrella as contractors, selfemployed contractors. Theres nothing illegal about that is there . We think there is. That is what we are doing in court, challenging them classifying their drivers as independent contractors. Under the law we believe they are employees and should be entitled to the protection of the wage laws workers comp, unemployment, and bernard is saving tons on its labor costs by shifting these expenses. Stuart theres nothing wrong with the Startup Company spending money on labor costs. The people not volunteer but uber drivers make themselves available under those circumstances. They make themselves available to the contractors because that is the way they wish to be employed. Why are you interfering with their freedom to be employed in the way they want to be employed . There is something wrong with classifying workers as contractors when under the law they are employees and it is not a question of what they want. We know they want flexibility and that is great. We are not challenging that or trying to put uber out of business. We are making sure Carley Shimkus to place by the rules. Stuart interpretation of the law and if you win to put the ubers of this world out of business. Doubt that Carley Shimkus to which is valued at 40 billion will be put out of business because they have to pay their drivers as employees. They can afford it and a lot of other companies out there that are trying to take advantage of their workers by not taking on their obligations as employers are doing the same thing. Stuart under what circumstances may i work for a company and say to that company i want to be selfemployed, i want to be an individual contractor. I am quite willing to meet your work terms i want to be employed in this fashion . What is wrong with that . The law doesnt look to what the parties want. The law looks to what the situation actually is. There is a multi fac