tracy jones was one of the women forced to move. >> they combined two prisons into one and we were kicked out for male genders. so we're over here. >> many inmates told us off camera that the medical care was worse than before, and the conditions of their cells were appalling. >> it's not just fifteen minutes in confinement. it's day after day, year after year, decade after decade. people cannot comprehend that. we've always known the time entire i was there, we always talked about if there was ever a fire or an emergency how many of us would die because you couldn't actually evacuate the place safely because of the population total. >> two years ago, a federal panel ruled that the california prison system was dangerously overcrowded. the state was ordered to reduce its prison population by at least 30,000 inmates. >> they are horribly, horribly overcrowded to the extent that people were literally dying in our prisons from simple medical conditions simply because they didn't get access to the medicines they needed or doctor's treatment. >> the federal mandate was unprecedented and called

tracy: the dow jones industrial average polling a little switch. ashley: apple announcing two new versions of its iphone. dennis kneale will have all of the colorful details coming up. first, take a look at the ten and 30 year treasuries. we will be right back. ♪ @?? ♪ >> i am melissa francis with your fox business brief. toyota is recalling vehicles for a second time. it involves a suspension problem in the models built in 2006- 2006-2011. toyota learned some mechanics did not correctly perform the fix after the recall of last august. twitter is buying moped called. coming up at 5:00 p.m. eastern, maidenform ceo on the fashion underneath fashion. we will have live lingerie models. you do not want to miss that. that is the latest from the fox business network. giving you the power to prosper. ♪ tracy: a quarter to. time for stocks. all right, john, i know this dow 30 switch is kind of a sleeper for you. did you have apple and syria and we started the day with china. >> apple the most recent. i do not think it is having a major of fact. i thi

join us. [ male announcer ] at edward jones, it's how we make sense of investing. tracy: 90 minutes until the close. take a look at the dow. it is up 376 points. 2.5%. it could be the best three day run since january 3. that is some good news, nicole petallides. nicole: great news for those balls out there. there are some real balls out there that we do not even know of. it is the day after her the big apple release. i know my kids were eyeing which one they think they are actually getting. back to you. tracy: line are getting the cheap one. [laughter] ashley: it is time to make money with charles payne. charles: you get 200 more gigabytes. tracy: they do not need that many gigabytes. [laughter] charles: this used to be a hot, hot, hot stock. they raised $14 billion. stock went up like a roman candle and then it came down and almost died. i like the idea that the stock is gaining some serious momentum. look at that. i am hoping they come out with news during these conferences. i like it right here. i think maybe the worst is over. if we had a 15 year chart, forget

dow jones industrial average up a full%. nasdaq up and huge gains here and continues to go higher usip 500 a gauge of the is -- s&p five hundred a gauge much broader market. look at leaders in the s&p 500 as it topped the 50 day moving average first time in a few weeks. put tie, ledge far a lot of homebuilders leading the way. hovnanian reported a profit for this recent quarter. home prices are up and they're optimistic looking forward. that is why we're getting gains there. look at this, ka steel one. big gainers. cliff natural resources, anything related to comes is doing strong. if i go to "sector watchings", look at energy stocks, soaring, apache, bp, chevron, exxon all the big oil companies are up. in fact, guys, commodity prices like oil are actually down. a lot of fear is coming out of there as we await the vote. a lot of fear premium is coming out that the expectation in the marketplace even if there is an attack it would be limited there is not a huge concern about oil supplies there, but still sitting around $110 a

nicole: i thought it was raining and i heard tracy say it was sunny out. watching the market action. dow jones industrial up 116 points off the highs of the day but still triple digit gains. you know what else is doing really well? the homebuilders. take a look, it made a big jump, $17.22 per share. part of this is because of what we have been thinking pertaining to mortgage rates this day as we heard larry summers has withdrawn his name no longer in contention to lead the federal reserve. now people are thinking the money printing continues. treasury yield around 2.8%, give or take. much better than 3%. boosting these homebuilders. back to you. ashley: thank you very much. tracy: the market extending their run-up on track for three straight weeks of gains ahead of wednesday's much-anticipated, much awaited fed statement. a major tapir announcement not necessarily in the cards according to our next guest. he is expecting a little bit later. let's bring in eric, investment chief strategist. thank you for being with us. really, a week ago we were panicking t

tracy: all right. >> also says avoid emerging markets by the way. we have others that say go to them. go into them. tracy: all so confusing some days. the dow is up 17 points. that's not confusing. how many billions will it take to get the government off jpmorgan's back? jamie dimon hoping for answers in a closed-door meeting with the attorney general. our liz macdonald all over the story. ashley: keeping the government in business next week, fox news's judge napolitano weighs in next. he is trying to sort them out there. take a look at oil. sliding for some time and continues to do that but only marginally. we'll be right back. ♪ [ engine revs, tires squeal ] [ male announcer ] since we began, mercedes-benz has pioneered many breakthroughs. ♪ breakthroughs in design... breakthroughs in safety... in engineering... and technology. and now our latest creation breaks one more barrier. introducing the cla. starting at $29,900. ♪ if you have business idea, we have a personalized legal solution that's right for you. with easy step-by-step guidance,

the dow jones industrials are up 31 points right now. we were found to say that we were erasing our losses for the week. that is not the case now. we have managed to bounce back. we have 30 dow components. earlier today when president obama was speaking, at one point we had just six green. now just six are red. a lot of it is contingent a lot what we have seen in the ten year treasury. dennis: more americans giving up the search for work as the labor participation rate falls to the lowest level since 1968. tracy: it is numbers like this that prove the economy is not moving in the right direction. dennis: the first thing, michael , given the numbers that came out today that were so pumped and so tepid, when it you think that the fed has no choice but to not start tapering back. >> i think they will taper anyway. the fed is suffering from active acute schizophrenia. it depends on each data point. like we will bomb syria on thursday. it makes it very easy to buy oil. tracy: just do it already. >> the free market, thank god we still have som

tracy: i don't believe that. time for stocks. nicole pet the on the floor. hey, girl, what is going on? >> we snap ad winning streak for three days in a row for the dow jones industrials. the dow went into the green because of disney. back in the red. back to you. ashley: thanks, nicole. we have breaking news on the federal budget. straight to rich edson in washington. rich? >> ashley the government ran $148 billion in the red in august. 11 months into the 2013 fiscal year the federal government add the. feds ran 1.6 in august the deficit was only $191 billion. the congress figures out how to fund the government and raise the debt ceiling. government spending runs out at the end of the month. treasury says it hits the debt ceiling in middle of next month. we'll have more about that in 20 minutes. back to you. ashley: rich, thank you very much. despite notable risks for the market including the fed's decision next week, oh by the way, my next guest says it is time to put the risk on and position for the long term. david steinberg, managing partner, dls capita