the question i ask david boies. this is a big leap for the supreme court when it finally gets there. isn't it? >> well, david boies said it was not. clearly it is. they are asking the supreme court to set aside essentially the laws of 44 states. so that is an enormous stretch. now of course the supreme court has taken up issues of gaiman rights in the past. justice kennedy, the key swing vote in 2003, said that states could not criminalize homosexual sex in the privacy of your bedroom. but that is an entire leap different matter than saying it is a federal constitutional right to same-sex marriage. >> in this case the judge quoted anthony kennedy 15 times or so. it was a letter to him. wasn't it? is that going to work writing directly to kennedy trying to use his own words to say you have to vote with me. >> clearly this decision was decision with an eye on appeal. it will be appealed up to the supreme court. the court is so narrowly divided. you have four liberals and the four conservatives and the man in the middl

then she meets david boies. bingo, now i remember once i had a threesome with alan dershowitz when i was 22. we are trying to get those e-mails, but they have suppressed them. the e-mails are suppressed and fortunately i spoke to the post reported who told me what was in them. we will get those e-mails on suppressed. so david boies once said to is better than one. no. when you see smoke, sometimes it means five but it sometimes means arson. when you get the same lawyer putting women up to lying, it doesn't increase and enhance the credibility of either the -- of either of them. it just destroys the credibility of the lawyer. >> up here, yeah. >> i understand your frustration with the privilege, the judicial privilege. however, isn't there still a remedy of abuse of process? >> there is. it's a very heavy burden to prove abuse of process but we will try and argue that the privilege was waived by knowingly incorporating false material that was irrelevant and all of that. we are in court. we have good lawyers. we h

david boies, welcome. why did you get involved in the issue of gay marriage? >> i think it's a defining civil rights issue of our time. this is the one area, has been the one area in this country in which not only did we discriminate against people and there is a lot of discrimination that goes on, on a social basis, but this is an area where our government discriminates against its own citizens and has a last essential official bastion of discrimination, governmental discrimination. i think both ted olson and i thought it was particularly important that we try to bring an end of that. couple. >> yes. >> how did this come being? >> well, although ted and i are quite opposed in a lot of respects in terms of our -- >> yeah. >> -- politics and we were obviously against each other in bush v. gore, we are good friends. we both always have, i think, respected each other. we looked for a case to work on together. and this was just the perfect case because not only was it an opportunity to work on something that was imports but it was an opportunity top work together

david boies was on the board of directors david boies. you spoke on the board of directors and a lawyer which raises problems with complex of interest. the most interesting case that will bring up in court is theirs arbeiter, emma klein. she will the book so her boyfriend shooter saying that he got the idea, she got the idea from him. david boies represent the boyfriend and he produces a draft complaint which he sent in secret a draft complaint in which he says he's going to fire unless they give all the money. in the draft complaint he outlines our entire sex life, all of her fantasies, everything that the boyfriend told her i think maybe possibly photographs, whatever. it was -- why do you do that? why do you put that in a draft complaint and then not file the complaint unless you're trying to get money? that's not proper for anybody to do. we will bring that out, and so we will very interesting trial, with the media calls two super lawyers and we will be confronting each other. he may have the advantage of having an enormous, enormous

what does david boies think he has? >> he has nothing. i have them on tape admitting this client was wrong, simply wrong and that she couldn't have been in the places where shehe claimed to have sex. each of the accusers said i didn't do it and then they met david boies and he change their mind. they committed perjury after meeting him.nd there is no coincidence. boies has about the worst record of ethical charges and ethical alleged violations of anyth prominent lawyer in american history. people have gone after him for everything. weinstein. he once paid money to a witness on a contingency fee. the better the outcome, the more money he would get. he was accused of having to close relationship with a client in giving her free legal advice. one judge in federal court in new york said even a first-year ethics student would know thatrk what boies did was essentially unethical. why is he going after me?nt i have to tell you. i have a theory. i think he's projecting. david boies has a terrible reputation for sexual activities. i have had sex

david boies, thanks for being here. let me ask you right off the bat, how do you go about -- this is a large goal it seems to me you've set for yourself, which is sort of a state-by-state adventure to bring legality to same-sex marriage. where do you even start? >> well, i think you start in a number of places. first, remember that the united states supreme court found that the plaintiffs in this particular case had standing to attack proposition 8, but the people who are supporting proposition 8 did not have standing to appeal our victory in the trial court. so, that reinstates the trial court's decision that says that all bans on gay and lesbian marriage violate equal protection and due process clauses of the 14th amendment. >> not just in california, you're saying. >> that ruling implied -- not just in california. that ruling says under the constitution, not just in california, butster t steunder constitution, which of course is the national constitution, and the 14th amendment applies to all 50 states that the due p

boies, good to have you back. david, good to have you back. ted, wonderful to have you on for the first time. i want to have you on for a long time. now >> glad to be here finally. >> >> stephen: now you two, i have a bone to pick with you two gentlemen. your free rise is over on this gay issue. tell the people who you are. let's see, david boies, theodore olson, prominent lawyers in the country. you've argued over 70 cases before the supreme court, including the united states v. microsoft, the citizens united case, bush v. gore and on opposite sides. you're traditionally considered a liberal. you're considered a conservative. now, you two have got a new book called "redeeming the dream: the case for marriage equality." this describes the battle to get marriage equality all across the united states, but for you guys specifically the prop 8 case was the linchpin. >> exactly. >> stephen: how can the two of you be friends? [laughter] you fought on either side of bush v. gore. all right. you fought for gore. you fought for bush. >> and he accepted

david boies, recently made to fox business. charlie gasparino is here with exclusive details. >> it's possible he's going to fire david boies, i hear that's a distinct possibility. he might not fire him from all the cases, but he represents three things, an aig case -- excuse me be, a case against greenberg versus schneiderman, i think there's a defamation case, keep him on that big aig case. david elenhorn, assistant new york attorney, boies gave him a free plane ride a couple years ago after a deposition. mr. elenhorn never repaid for that plane ride. mr. green berg says he violated the law. mr. boies says he didn't violate the law. you have the client and the lawyer disagreeing with each other in a story on foxbusiness.com. you can read about it, i posted it on sunday, and it represents one of those odd occasions when both the lawyer for a guy and the guy he's representing disagree on an important subject. i mean, here's the thing, mr. elenhorn's a new york attorney general. he's the guy leading the case against hank greenbe

david boies and theodore olson, "redeeming the dream." we'll be right back. [ male announcer ] kellogg's krave! a totally different breed of chocolate cereal. wicked crunch outside. smooth chocolate inside. krave cereal! take the dare to krave challenge on facebook, if you dare. take the dare to krave challenge on facebook, how cool is it that new lets us create our own pizza. and use delicious digiorno toppings like pepperoni, sausage, and peppers. and we made it look just like... billy?! i don't see it. new digiorno design a pizza kit lets you create the pizza you want. thankfully it's not delivery, it's digiorno. looks like we're about to board. mm-hmm. i'm just comparing car insurance rates at progressive.com. is that where they show the other guys' rates, too? mm-hmm. cool. yeah. hi. final boarding call for flight 294. [ bells ring on sign ] [ vehicle beeping ] who's ready for the garlic festival? this guy! bringing our competitors' rates to you -- now, that's progressive. average sets the treadmill on (vomosey...e. or stroll... or l

what do david boies and ted olsen say now? >> "firing line" with margaret hoover. corporate funding provided by -- >> welcome to "firing line." david boies and ted olsen, it's a pleasure to have you here. >> it's great to be here. >> it is indeed. >> david, on january 20th, 2021, who is going to be sworn in as the president of the united states? >> no question, in my mind, that joe biden is going to be sworn in as president of the united states. >> and ted, do you agree? >> i always agree with whatever david says. in this case, my own mind, i would agree. >> back two decades to a world of hanging chads and butterfly ballots. david, before the supreme court halted the recount,ou said that if your side, vice president gore's side lost, you would unite behind president bush. vice president gore did concede a day after the supreme court decision and many people still see that supreme court ruling of 5-4 as a political decision. how do you reflect upon that decision 20 years later? >> i still think it was the wrong decision by the supreme court, but i allegatiso think i

david boies has a terrible reputation for activities. i have had sex with one woman since the day i met jeffrey epstein. i challenge david boies to say under oath that he's only had sex with one woman during that same period of time. he has a normal amount of chutzpah to attack me and challenge my perfect, perfect sex life during the relevant period of time. he claims he's doing it pro bono. he's earned enormous fees from these same people and i'm sure he intends to earn more. he got case in order to get a billion dollars from leslie wexler. i'm going to beat him and i'm going to beat them bad. >> laura: what is the discovery like in all this? these charges back and forth. everyone gives up their documents and emails and texts? >> i have emails from the accuser in which she admits she didn't have sex with me and she put me in her book in order to help sell the book and then she puts me in the book is somebody she didn't have sex with and the other accuser has emails that claim she had to be 24 tapes of hillary clinton and bill clinton an

he was called by david boies and ted olson. he was called by the side seeking to have the gay marriage ban overturned. he was called not as a friendly witness though. his name is hak shing william tan and identified himself to the court as secretary of the american return to god prayer movement, and this is one of those things where the judge is so obviously disgusted by this witness that there's no way that i as a tv host can improve on what the judge just writes in the ruling about the witness. check this out. ready. let me get this right. proponent hak-shing william tam, testified that he is the secretary of the america return to god prayer movement, which operates the website 1man1woman within the net which encouraged voters to support proposition 8 on the grounds that homosexuals are 12 times more likely to molest children and because proposition 8 will cause states one by one to fall into satan's hands. mr. tam identified narth, the national association for research and therapy of homosexuality, the george reekers thing,

. >> moyers: superstar lawyers ted olson and david boies. and, one our most popular poets, my friend lucille clifton. stay tuned. >> moyers: welcome to "the journal". you may not believe this, but the two marquee lawyers who fought each other all the way to the supreme court to decide whether al gore or george w. bush would become president are at it again. but this time, they're fighting as allies to defend marriage equality. it's true. ted olson, a conservative, and david boies, a liberal, are in the middle of a case that, win or lose, they expect will wind up at the supreme court, just like "bush v. gore". the former adversaries have united in support of core american values: diversity, equality, and tolerance. they're key players in one of the most important civil rights trials of the last decade. it's a pivotal legal action that could change our society, but which has escaped the attention of much of the country. here's the story so far: in may 2008, california joined massachusetts to become the second state in the union to sanction gay

and ted olson and david boies fought it out at the supreme court. that was then, but this is now. if anybody had told me in the year 2000 after bush versus gore that i would be sitting with you both today on the same side of a case about gay marriage, i would have said, are you nuts? >> in the first place, i think we both came to the conclusion that we could probably be unbeatable if we were on the same side. but if we were on the opposite side, one of us would lose. >> neither one of us likes to lose, so. >> with the election over they became friends, really good friends, even though they still square off in court as recently as last month. >> on opposite sides. it was really great -- >> who won? >> the judges will tell us. but i will tell you one thing, and that's i like it a lot better than when he is on my side than when he is against me. >> they are teaming up in what they both say is the biggest case of their distinguished careers. >> i think this is the defining the civil rights issue of this time. >> it wasn't a republican issue or a democratic or a conservative or a liber

this would not be ted olson versus david boies, but rather ted olson and david boies together against the opponent ets of gay marriage. if you're wondering why the conservative case for gay marriage is is the cover story on "newsweek" right now, it's because of our next guests. joining us from california where they are in the midst of their court battle, david boyce and ted olson, thank you so much for your time tonight. >> thank you. >> thank you, rachel. >> mr. olson, let me start with you, i have read the legal arguments you've made in favor of same sex marriage, read your opening statement from the trial this week, but what moved you personally to take this on, to wade into this fight? >> well, i think it's the right fight to battle. it's the right time to fight this battle. david and i agree that it isn't a liberal or conservative battle, it's an issue about american rights, american decency, american values, liberty and equal treatment of individuals who are american citizens just like the rest of us, we think it's time that we recognize their right to equal treatment. >> mr. bo

ted olsen and david boies who you will remember opposed each other famously in bush v. gore in 2000. but they banded together to take on california's proposition eight. gloria spent some time with both of them. for her reporting at cnn. why do they take this case on now? and why this case? >> those are questions that lots of people were asking at the start of this. including lots of gay groups. because they were saying, ok, you have this conservative legal icon, ted olsen. teaming -- gwen: former solicitor general. >> teaming up with in democrat, david boies, to take on proposition eight. and it's something that the issue of gay marriage has not been successful at the state level if you're for gay marriage. more than 40 states are on the record opposing it. only a handful of states support it. and there were a lot of gay activists saying wo. why are you rushing this? why not let this work its way flew the states? this could really be a problem for us if we lose, it will set us back. that's exactly the point i raised with these two superlawyers. and they said to me, look

and it was an interesting, you know, dichotomy between, as you say, david boies and ted olson, because the way ted olson talked to me about it the first time i met him, and i en said to him, when we first met, i said, "you realize you put me ifor two days in the bush v. gore argument" because he was on thee side oge bush, and as it turned out, david boies was on the side of al gore, and the fact that they teamed up t basically to politics out of the issue. and what he said to me is that he viewed marriage as a very conservative idea, that it is the bedrock of conservative principles, and a married couple should be allowed to be able to be together and to have a family, so that was, to me, an eye-opener. >> it was an eye-opener hearing conservative make a case for a value and an ideal that you believed in. >> right. >> and since then, have there been any opportunities to forge olat kind of a bipartisan consensus on theical issues you've been involved in? >> well, i mean, obviously, the country is so divided now. it has been divided for a long, long time. i meanthere was a huge divide th

david boies. who gave this presentation during the meeting? david boies. so it's kind of an interesting -- liz: the people of business, and no one does it better than you, charlie. it's fascinating. and please keep us posted. >> we will. i heard hank is not too -- we should point out that they tried to keep this under wraps. liz: right. not happy you have it -- >> that's why we have fox business. liz: i love the hear the answer, how old is hank greenberg? >> 89 years old. liz: he's got a lot of money, but he's got the fire, and he's got that legacy. >> he doesn't just walk through the studio, hank runs to the studio. and david boies -- liz: fiery guy. >> what better lawyer can he have? liz: david's been here too. get him in here. >> i will. we should ask is him. liz: closing bell ringing in 25 and a half minutes. when pimco's deputy chief investment officer -- talking $360 billion at pimco -- when he speaks, investors everywhere pay attention, and you should too. he's talking about his just-published fresh report on global investing, plus the european cent

and to that ted olson and david boys say, you know what, sometimes the courts are more prepared to do the heavy lift than the states. right now, you have got 44 states that ban gay marriage. they look back to the case more than 40 years ago in the supreme court that allowed interracial marriage. and they say if it weren't for the supreme court c, you still might be banning in the ter -- interracial marriage today. >> let's talk about the team, they have teamed up to talk about the ban. they are this political odd couple who surprised just about everyone. you spoke to them recently why they decided to join forces. i want people to listen. >> if anybody had said to me nine years ago i would be about to be interviewing the two men who fought each other tooth and nail in bush versus gore on the same side of a constitutional fight, i would have said are you crazy? >> actually, david and i talked about this in 2000, as we were getting ready to argue in the supreme court, someday we would like to be on the same side in the united states supreme court. and we said someday, someone is going to

i think this is the right time. >> charlie: david boies for the hour next. funding for charlie rose was provided by the following. additional funding provided by these funders. and by bloomberg. >> charlie: all eyes were on the supreme court last week as it considered two cases involving same sex marriage. the justices heard arguments for and against the defense of marriage act and california's same-sex marriage ban, proposition 8. david boies was the colead counsel on the constitutional challenge of proposition 8. he has been at the center of the legal battle for same sex marriage since he and ted olsen first argued against the california law together in 2009. i am pleased to have david boies back at this table. welcome. >> thank you. charlie: i thank you for doing this because i want to give some sense of context and body to it. tell me the significance of the moment. these two cases being argued in the supreme court. >> think onef the signicances is just to think of how unlikely we would have thought this would have been four years ago. four years ago, to

david bois is a $1,000 an hour attorney. they were very powerful and their job was the keep harvey out of the news in a negative contact. but we had no idea david bois who represented al gore in the recount was doing these kinds of thing. howie: david bois also argued the gay marriage in front of the supreme court. they are trying to stop the "new york times" from publishing the harvey weinstein story. the "times" said we find this a betrayal of trust. bois said he didn't know the details but he admits he made a mistake. kevin spacey has been dumped from "house of cards." more allegations against him, including a former boston tv anchor talk about an alleged sexual assault on her 18-year-old son. >> to kevin spacey i want to say this, shame on you for what you did to my son. howie: when spacey goes off to sex rehab and he hasn't addressed any of these. are the media justified in assuming he doesn't have a response and he must be guilty? >> we reached out on every one of these application instances and the fact he hasn't put

boy - first and second jab. where you stand on this, david. boy do . first and second jab. where you j stand on this, david. boy do we carry on having all of these boosters? i carry on having all of these boosters?— carry on having all of these boosters? ~' �* , ., boosters? i think we've said before, as someone — boosters? i think we've said before, as someone who _ boosters? i think we've said before, as someone who is _ boosters? i think we've said before, as someone who is terrified - boosters? i think we've said before, as someone who is terrified of - boosters? i think we've said before, as someone who is terrified of all i as someone who is terrified of all needtes _ as someone who is terrified of all needles and pins and jabs from a rather— needles and pins and jabs from a rather awful child experience, even iwith— rather awful child experience, even i with the _ rather awful child experience, even i with the vaccination programme has been a _ i with the vaccination programme has been a great success story and, i'm in favour— been a great success story a

was it sony's attorney david boies or was it twitter? >> well, who is this, david and trace is right? hey, guys. i first heard twitter, account was suspended, thursday, friday for about 24 hours. and then sunday night i got that email, that email, whatever was from david boies. >> what did david boies tell you exactly, val? >> he said, you know, stop tweeting or we're going to come over and kill your hard drive and bury it underground and beat it with a baseball bat. it was silly. >> but, i mean, you're getting a lot of response on twitter. a lot of your fans out there, or your followers i should say, what about freedom of speech? what about first amendmentment rights? what do you say to all that? >> i don't know. look, i'm a musician. i was making music. i tout i would take a break from recording. been doing this forever and do some tweets and i didn't mean, i'm not like political. i'm a musician for god's sakes. tracy: how did you get it then? how did you get even the hacked documents if you're a musician? what do you play, by the way?

here is david boies bringing suit on behalf of aig. here is what david boies says. >> what the government did in the takeover of aig was to take private assets and use it for public purposes without compensating the owners. >> he is saying that is in violation of the constitution. taking clause, other side of the argument, don't do bailout. go bankrupt. you didn't have rightful access to the fed discount window. you weren't a bank. this is big slug fest. the fact they doubled dollar amount is big deal on top of that david boies and hank greenberg are taking fight to the aig board which rejected a move to join the lawsuit. he is putting pressure on aig's board saying to the court we want aig's board named, we want to do it on behalf of the company, this lawsuit, if the aig board still doesn't join the train ride, if they win this suit they can turn around say, look board, you didn't do the right thing by your investors to get a piece of this now $55.5 billion if they win. so that exposes the board to shareholder fighting, or possible su

ted olson on behalf of the bush campaign, and david boies on behalf of the gore campaign. somewhat in contrast to your attorney, dahlia these were extremely, accomplished faces although david boies only argued once at the u.s. supreme court, he had been handling arguments in the florida courts and was as familiar as anyone with florida law as it unfolded. what he encountered, david boies in particular and i spent time talking with each of them subsequent to the arguments, in preparation for this book, was what had become a bit of a two-track possibility in the way that the court was going to decide the case of bush versus gore. it was either going to be an article 2 issue, as to whether the court or the court in florida, had adhered to constitutional provisions, really, kind of a structural approach, as to whether the court in florida was respecting the desires, the wishes of the florida legislature, in terms of how the electors would be chosen, for the vote on the presidency, or, whether there was an equal protection issue, in the way everyone who cast a vote within the s

you don't feed a david boies. what you need is any one of 50,000 lawyers that somebody with money would be able to hire. it's not just the lawyers. damien says it is having the money to do the testing, the investigation, find the witnesses. if somebody of means is in that position, they have the money to get the dna tested, they have the money to find the other witnesses, they have the money to do investigations, and they have the money to hire a good lawyer, but somebody who's poor, somebody who has disadvantaged, in a group that's discriminated against, not only are they tucial suspects, but they don't have often the resources to defend themselves, and that's one of the fundamental problems with capital punishment. it is applied in such a discriminatory way. if you're poor, if you're african-american, you are much more likely to be put to death than if you were a rich white person, even if you do exactly the same thing. and that is something that ought to trouble even people who theoretically favor the death pen

you don't mess with david boies. david: i wonder if there was so batched publicity, the pr was overwhelming, i wonder if this is head fake to stop the bad pr? >> i don't care how bad their pr is. they don't get to tell media. david: rick is former head of marvel entertainment. >> i've called sony far worse than david boies has. david. will this stop bad pr. [i'm surprised david boies would say such a thing. david: gary, this will not change anything? >> look. i'm not judge napolitano, but look the media will do what they want and web is so open not just here but we're talking worldwide. it comes out, it will be reported. if it is headline stuff it will be reported. not much they will be able to do about it. david: adam, not that david said specifically, david boies said he would do something. he didn't specify anything, did? he. >> he said you will be held accountable. it implies there will be a lawsuit to seek damages. how do you connect the dots to blame recode for what could be hundred of millions of dollars at so

mark: david boies, attorneys-at-law. they give for joining us. when we come back, the biggest question of all surrounding hillary clinton's e-mails. will they blend? the answer and, oh, so much more after this. ♪ john: there are two questions that every american politician must answer -- am i ready for public life? and will it blend? the most viral blender on the internet tom dixon, has destroyed everything with his audibled lenders. well almost everything. after all, some of our friends in little world need to get rid of liability. we asked the maker of the blenders, glen tech, the most timeless question -- will it blend? we are asking the great american question, will it blend? we are here was a man who has not been on this show previously, tom dixon of blendtec. a great american company. you are like a teenage girl singing in her bedroom. you are a youtube sensation. tom: absolutely. mark: there is a politically themed episode. it is not unlike a problem hillary clinton would have. she's got to get rid of her state department e-mail. will it

let me start with david boies. could you give me, david, a layman's case for striking down prop 8? >> sure. marriage has been ruled to be a fundamental right by the united states supreme court 14 times over the last hundred years and the question is should that fundamental right be available, but we proved in court was that depriving gays and lesbians of the right to marry harmed them in significant ways and harmed the hundreds of thousands of children that gay and lesbian couples are raising today. we also proved that preventing ga]and lesbians from marrying had no social benefit to anybody else. it didn't help hetero sexual marriages. there was no rational basis for depriving these people of this fundamental right. >> let's go to chad griffin for a response. >> the arguments and political arguments are so important, but also in this case, there are four plaintiffs. they and their families were seated in that courtroom today and every day we have discrimination is doing grave harm to those plaintiffs, their charn and families and millions of others and as long as we have state san

david boies and ted olsen. chad griffin is the president of the human rights campaign and started the original appeal of proposition 8 that made it all the way to the supreme court today. chad, thanks for joining us. pete talked about some level of expectation with some folks this might be the gay marriage or the gay rights roe versus wade and he thinks based on what he heard today, we're more likely to go for a narrow ruling, maybe overturning prop 8 in california, but not broadly in the country. is that enough for you? >> i will leave it up to pundits and reporters like pete, to be able to read into what these justices, the questions that they ask at the end of the day, the justices ask tough, probing questions of both sides, that's what they're there to do. what i focus on is the incredible argument that ted olsen made before those justices and the case he made that by denying the couples, the fundamental right to marry the one that they love, it harms them greatly. and by the way, it also harms no one else

we talk this evening about the legality of same-sex marriage with david boies who argued the case that was confirmed by an appellate court in california. >> if you look at the way racial equality developed, a critical turning point was when it became no longer respectable to discriminate based on race. i think it has become no longer respectable to discriminate based on somebody's sexual orientation. and when you see that happening, the law has to follow. >> rose: we continue this evening with ben brafman, a lead, attorney who represented dominique strauss-kahn here in new york. >> i've often said that if you have a bad press day but you win the case no one will ever remember the bad press day and if you have a good press day at the cost of winning the case no one will ever remember the good press day if you, in fact, lose the case. so i think we need to look at the end game and the end game is how you survive and how you either get a case dismissed or go to trial without having compromised any of the defenses available. >> rose: we conclude this evening with pico iyer who writes about

as sony tries to bring in david boies to try to stem the leaks and embarrassment from the hack attack, will that do any good? especially with their new tactic? and where is sony's ceo? not with me like he was at the consumer electronics show a year ago. he, the chairman, has he met with embattled executive amy pascal? fox business has put those questions to sony just a short time ago. and that terrorist attack in australia sending chills around the world. are law enforcement agencies virtually defenseless against the threat of so-called lone wolf terrorists? right now the markets are down, but off their earlier levels, so let's start the "countdown." ♪ ♪ liz: so about four minutes ago we checked on oil, melissa did it at the exact psalm time, below -- same time, below $56 a barrel and that, of course, is really confusing the markets right now. markets today have decided sliding oil prices are not a good thing -- today. global tensions are really worrying investors out there. let's take a look at the vixx, the volatility index. it had its biggest intraday swing in over three years.