and thank you for being with us. stay tuned for "cavuto" coming up next. good night fro york. ♪ ♪ ♪ neil: the thunder dam down unde. forgive australians at this hour they are not focused on if we torture enemy combatants, but they are worried about some of those in their country and how a lone wolf nuts put a entire country in crisis. and he is dead as our two other people.

what we know is that many more could've been killed if not for a straley is unyielding response to terror. so maybe it takes something like what happened in a sydney café to get the world to get its act together and fast. but many have their doubts. and i don't know what we learn here from this incident, i suspect not much. >> we can learn a lot from 9/11. we didn't learn when they took the canadian parliament under fire a couple of months ago. and a lot of them very concise. none of which are very popular. people need to get focused on that because this could happen in a shopping mall near you today. the fact of the matter is that we would get tied up in knots just like the australians were fully while, just like the canadians were for a while and i

remember the aftermath of 9/11 and i don't want to have to go through that again. neil: what a lot of folks say is that no amount of torture from those who knew this guy or could have had some information on this guy would have been able to prevent this. what do you say? >> the question comes down to some of the things we talked about last week. like what you do to effectively interrogate people and go outside of torture. when the enhanced interrogation techniques were first implemented after 9/11 and they were stopped in 2007, the law was changed in 2005. even waterboarding was legal at that time. so what can we do to capture people and make sure that they talk. why are we trying to close at? because this is a place that we can get good intelligence from people. the issue is what we prepared to do. the answer is not much. neil: thank you so much. meanwhile, a terrorism expert says that we have it backwards

here. we'll focus on how we treat the bad guys. especially when it can be created by just one guy. here we are again. they keep happening. do you think that they argue on how we treat them or how they are led to them? >> of course, they not only love it, but they are getting valuable information to base their future strategies upon. for example when we are debating why we were so mean torturing these people playing loud music and keeping them awake for hours at a time, they know that we are feeling very bad about the way we are handling at and the way we are handling the war on terror. and then we are also sending him a clear message that no matter what you do, if we catch you, there will be no pressure on our

side to pressure you through this information. that will help us protect ourselves from you. so we are empowering the enemy while we are trying to feel good about ourselves. but the enemy will see you what a just nation that we are. in the meantime, they are laughing at us. neil: i was wondering if they would make any difference. you could be nice, you could be militaristic, they would still want you dead. in the scheme of things whether we debate torture or not, whether we have torture or not, is it going to make a difference? >> it is not going to make a bit of difference whatsoever. what it's going to make isn't going to aggravate them even more. what i mean is that those young boys, they were too young to remember the torture report. to remember september 11. i ow tnage or thr earl20sad we hav inrmatn th wou lig a fiund the a lai the

fis. >> seehereou'rcming om, but oo f theyhave no pblemtellg tmsels, saificg thselv forhat grdcuse -what wol ha comeown t? >> ierrotiohelpus real mo ning with r atrd ng rldwe bad on islmic eolo ht is se ht. iteaching our counterterrorism agents that he had this as a way to better yourself. so since obama came to power he has basically taken out of the training manual that we have the blueprint as to what is driving the terrorist so we can fight to defend ourselves in right now we have the blind leading the blind

starting with administration om this is empowering the enemies and they hate us because of their ideology and because we are into this. neil: we are in a very aggressive policy, they seem to just piling up the attacks. we will see and thank you so much. so forget for a moment how you feel about torture. my fox business all-stars on whether they are releasing that report, if it does anyone any good. thank you for joining us. so for a lot of businesses, they do say that it makes their business entities more vulnerable because people say that they are easy targets and they are american targets and we don't like the way that they treat and perceived enemy combatants. >> we are all targets here.

>> my way of thinking about this is that when you look at the week in threatened state, when you look at this administration and the department of justice and what they do, in my opinion it encourages terrorists and i think we have a problem. i don't know why liberals keep wanting to do this, it doesn't make any sense. why publish this report? why do this review? >> why add to it? we have known for very long time that manu ginobli out to get our allies. australia is one of them. and we have -- i mean, they have

been here, they are already here implicating and they are planning their next attack which could very well be in our own backyard. so why do this and add fuel to the fire when really what we should be doing is focusing on getting them all. >> focusing on how we behave in dealing with these guys, rather than combating these guys. >> i don't know how you feel about this in terms of the media reporting, if you like media reporting is unbalanced and out of context. the cia report when you read what the former head of the cia said it was in the context of the terrorists were getting a nuclear weapon and a second wave of attack on the west coast and it was fear of more anthrax attacks. so i am personally against torture. we get that. and it shows how backwards work.

they want to dismember men and women and children and the murder of men and women and children. every week what they do to their own people, how they brutalized their own people over there should be shown. many countries rely for our intelligence as well herriot and law enforcement like the ei adheres strictly to the constitution. so we do have a strong situation. >> they did no research on that. so you put this out there. [talking over each other] and you don't want to mess that up. neil: taking a quick break, chuck schumer is on the case, not the terror threat that is escalating. the pesky carriers that are escalating. at least h

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>> with oil prices going we down, why are consumers seem to get prices go down when instead they could go up? neil: well, we have been getting nickeled and dimed by the airlines for years, so why this huffing and puffing right now? not a peep out of you as to why these are coming down, where is the big attack on royal? no talk these days of investigations or outrageous price fixing, which is kind of weird. i remember chuck schumer back then. >> oil companies are making record profits. we need to get tough on big oil. when they say jump, we say how high and we should start with speculation. we all agree that that is part of the problem.

>> well, it's political grandstanding. what he's trying to do it himself on the side of the little guy. talking about big oil companies, looking out for the little guy, but now gas prices are down and oil prices are down. he needs to demonize who is going after the airline companies and maybe he wants to nationalize it. and at this point they are still publicly trading companies and the management still has to find a province for the shareholder. nevermind that there's labor concerns and other concerns. chuck schumer harty noticed that the airlines by their fuel in advance by contracts. they are not doing the effects of this at this point so this is political grandstanding and nothing more. neil: you know, we hardly

noticed just like you hardly notice of the person that she has money so what you think of >> since the year 2000 ticket prices are down. airline prices are down 8%. taxes on those airfares are up 50%. they really want to do an investigation to figure out why the ticket prices are up. they could investigate congress because they are the ones that voted for the increase in taxes. the profit margins are less than 5%. so they can't make rash moves and lower prices willy-nilly, they have to look at the long-term area and and international transportation authorities say that prices will come down as long as fuel prices come down. so that is what we anticipate. neil: he is on the hunt, meanwhile, chuck might want to

be careful what he wishes for because the more stocks crashed the more oil crashes. companies are very heavily weighted to the dow jones and they have been freefalling. if you think that is obscenely lowell, the energy tycoon on why those prices at the palm shouldn't have everybody pumped up. there is a point of diminishing returns. >> yes, there is. today the market is $51. >> that is what we just so happen to pick. but how low and what is driving it? >> what is driving it is very simple that you have too much oil. the same thing was done on natural gas. you had 1400 running, got too much natural gas, can you believe the united states has all these resources? so at that time it was eight or

$9. what is it today to $3.50. neil: are we going to have to go through that experience when it comes to oil to could this be something that lasts? then the effect would be wiped? >> there is no question that cheaper natural gas is a better economy. and we will just enjoy it. will it stay this way? no, it ll not it i usinto t ee hat ec says th w eot ing cutpoucon nupl ge cu a co es u onthig s dean ha wh we ought was ing be a year ago. and what is causing the? global slowdown. >> yes, it is global swing out,t

continues, it quickly reverses itself two that's right. you're going to see the biggest bill in the inventory. the inventory is still building. and the prices are part of the building inventory. see you are seeing that. and it's goin to happen, you can have it the second quarter next year, the inventory, someplace in the middle of next year they start to decline. neil: that has to mean under $2 a gallon for gas soon crack that's right, it's coming out. >> so whatever we get from that, there's a global hit that is going on. >> that is right. i have said recently that you

will be back in $9200 per barrel in 12 to 18 months. >> so we are still going to get back at us. we are saying that we don't need you to do this, what you say? >> we need to do the keystone pipeline. that's like somebody giving you a present at no cost. it's a gift. take it. neil: it is an expensive gift at this level. for smaller drillers to go for it at this level. at the price of oil today. >> what you are going to have is the recount is going down. down 29 from a week ago as far as rigs go. so you are running up 1600 rigs and you have now fallen to 1540 for oil rigs. they have come on down. >> you don't need tracking,

things are taken care of themselves. you say that this is a short life. >> i'm saying that it is a market you are looking at and you have oversupplied the market just like you did with natural gas. neil: can you explain that to chuck schumer? there was a cabal and the energy price went up. and they have not done this on the downside. >> why would he? >> it seems fairly transparent. >> it's obvious, of course it's obvious. he talks about this, he wants to blame exxon for gasoline and increase. exxon doesn't have anything to do with that. they don't set the prices. neil: for politicians like this

that make it production saturday, that's part of what you just deal with. >> but what you have is when you look at it and opec says that we're not going to cut it, okay. but what they are saying is that the saudi ratings are not going to cut it. they are the ones, they are the swing vote. and they are the market maker. so what happens is the saudi ratings don't cut and they bring the price down and they just kill some of the members of opec. neil: the. neil: they come out on top is fine. >> yes, $800 billion in cash reserves, and they are killing the iranians and russia and also nigeria and venezuela as well. i don't understand because they are making enemies out of it. and i wouldn't do it if i were

them. neil: yes, because they are just shooting themselves in the foot. when you come back, forget some of these protesters chanting kill the cops. imagine if that was the cops here's a question for you: when electricity is generated with natural gas instead of today's most used source, how much are co2 emissions reduced?

up to 30%? 45%? 60%? the answer is... up to 60% less. and that's a big reason why the u.s. is a world leader in reducing co2 emissions. take the energy quiz -- round 2. energy lives here.

neil: well, it's something thate call neil's spiel. a new york city mayor who is simply not up to the task. right now taking this city and with it an abiding president taking this country right to the brink. it's how bill de blasio treats police. he doesn't treat them well. millions march proved it. it's one thing to sympathize with protesters who aren't that big of cops, but to walk with protesters that say kill cops. kill cops. again and again. that's a peaceful protest? that's the mayor condoning those words. not even saying a peep

about those words. no wonder its urging its members to ban de blasio from any police funerals. i can't ever recall an acrimonious relationship between a guy who is -- the mayor, when he blamed a non-grand jury decision on, quote, centuries of racism, then he added salt to festering racial wounds by allowing al sharpton to happily stir the pot. it's as if this whole city is going to pot. encouraged by a mayor leaving no thoughts unspoken. he's doing unspeakable harm to all races and all citizens. i'm very sure bill de blasio keeps this up, he'll drive businesses and many more outside this city. this man is grooming himself to be the national poster child

fort left. maybe he doesn't care. but to do this by all, but putting police on most wanted posters for the post office, well, that alone is warranting throwing this guy out. again, i'm not talking about his politics. i'm talking about his words. they're incendiary as insulting. you're worried that he is unping a grenade. >> hands up, yes, officer, i will comply with your lawful order. if he did that, it would empower the citizens and make the cops prideful of who and what they are. what this mayor is doing, what the president is doing, what eric holder is doing, is a sin. cops are proud. they're not black, they're not white, they're not yellow or brown, they're blue. they're here to serve the american people. they put their lives on the line every day. when this mayor gets and

up starts a divisiveness, an us versus them mental. saying, if you're a white and you're a cop, you're a racist. what's the math on that? you won't do your job. the cop gets paid the same no matter what. (?) if he walks to the crime instead of runs to the crime and takes a report, who will pay? the citizen. neil: what if it were reversed. what if the police were saying, kill the blacks. kill the blacks. >> it would be pandemonium. neil: you were with the protesters. >> i was telling you. i was stuck in traffic. let me pull up and have a bite to eat and wait this out. all these protesters are talking about killing the cops. i wear this jacket that has an nypd jacket on. nypd patch. i waited until it was time to leave. i paid my bill. leaned in so they can see the badge.

i said i'm a retired nypd. have a safe day. their jaws dropped. what will they say? neil: when they talk about kill the cops, do you think they're serious? >> i think they're being used as pawns. i think low intelligence voters. they're being hurt the to a certain mentality. neil: the mayor isn't exactly a hard -- >> what he's doing -- this is his city. he's supposed to have pride. to say that he talks to his son, to be worried about the nypd. his police department, i mean, that's just three ways to crazy. neil: now, you had that view. attorney general, we'll overrule this. boat here in new york and in ferguson. you have a president sympathetic to the we've never gotten over slavery argument. he has a lot of powerful wind players on his back. >> all smoke, no fire. they're all talking about racism.

where hiwhere is the racism in ferguson or in new york? was it the black female sergeant. neil: why don't they make a deal of that? 60% of the police officers -- >> is of color. neil: wow. >> it makes a statement. what are they really saying? i mean, they -- i say it's racism in and of itself to be highlighting this. there's no racism. they're cops. they're blue. here to serve you. neil: it would have been cool to see you in that diner. [laughter] thank you very much. sorry you have to deal with this. bill stanton. they're hacked and sony says, where are the hacks? you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance.

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neil: i'm in from sony, i'm saying, i don't think you want to be chairman of these emails. that's all i'm saying. sony hiring mega lawyer threatens media companies from publishing these hacked emails.

but can sony really stop us from reporting damaging emails they wrote and they're out there? sony has every right to protect employee's stolen data. randy says the media isn't to blame here. randy, you don't think sony has a case. >> it's all hack and no bite. there is a very -- or a few simple realities. first of all, to put a muzzle on the press, you can't do it. these are matters of public concern. therefore, the public has a right to know about it. these are public figures. they're not going into anything that is so particularly sensitive or so offensive. and there's a diminished expectation of privacy when you send an email. that's it. neil: well, they didn't intend for this to be exposed the way it was or hacked the way it was. that's the slippery slope. right? >> well, again -- >> of course. of course. and to say that this is

of public importance, why are the social security numbers of sony employees of public importance. these are internal copyrighted materials that are stolen. would we be having the same argument if someone went into the coke valuate and stole the recipe. would any media punishable that? no, you wouldn't. neil: well, i got the kentucky fried chicken, maybe. what do you make of that analogy? >> certainly, there may be some things. i haven't heard much about anything that is particularly confidential or proprietorrary to sony. we're talking about embarrassing things. that's why it's important -- look at people reading all the social media. neil: to your point, you think this just accidentally jumped into the laps of the media. >> no.

neil: to be fair, it's out there. now, you're saying you have to say to the media, even though you had it before, don't do anything with it. that's almost ridiculous. >> except, if you look at other examples of terrorism -- and this is a type of terrorism. i'm not comparing this to what's going on with isis -- >> what people think of angelina jolie -- >> i don't buy that either -- >> she's beautiful. and she didn't deserve it. all right. >> but that's not what i'm trying to protect. what i think needs to be protected from. but encouraging people to steal material so that you can punishable it i think is a problem. neil: back with our all-stars. companies are thinking twice about how they comeect with eaccommunicate with other. >> to think we'll go back to face-to-face meetings and not use email. we'll see serious money being dumped into

security. neil: we already had that. you had a tight icy budget. watched how this stuff was handled. >> here's the crime in this situation. not that they got found. the crime is that these people were dumb enough to put in writing what they did. i mean, lesson -- neil: that stuff i said about lizzie will get up? >> you can say whatever you want. neil: that kind of stuff -- >> every business executive knows don't put anything in your emails or on paper -- neil: ceos generally don't. ailmena lot of ceos don't email that much. >> they don't. when you have actress lisa saying, why are you putting in email what you wouldn't even broadcast, when it gets to that level, you have to say, whoa, we shouldn't have been calling leonardo desis despicable. but, you know, ceos -- i

would set all that aside. sony has a real problem with its movie assets walkewalking out the door. like jennifer lawrence getting paid less than bradley cooper for america hustle. >> we're on the same floor and i don't walk to talk to her. neil: you do. it's the premadonna thing. >> we won't go back to writing notes. >> but if you're at the top level of an organization, that might be exactly what you should do. more face-to-face meetings. and avoid the email. as you suggest, very few ceos do a lot on email other than -- neil: i would lead a group of ceos. that's how i roll. not a won was into it. >> into what? neil: texting. emailing. and these weren't old guys. they're just not into it. >> first of all, it's a waste of time. but secondly, no matter

what you say, as innocent as it may be, it could be interpreted a different way. >> i don't think david has a leg to stand on. if they punishable the entire script of james bond movie, that could be copyright. neil: save yourself. really? after 400 of these. really? anyway, i've always said that hillary clinton won't be the democratic presidential nominee. many of you laughed. why this woman's rant against wall street has me banking on it. >> when the next bailout comes, a lot of people will look back to this vote to see who was responsible for putting the government back on the hook to bail out wall street. dad, i know i haven't said this often enough, but thank you. thank you mom for protecting my future. thank you for being my hero and my dad.

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neil: all right. well, you heard it here first. hillary clinton will not, repeat, will not be

the 2016 nominee. if i'm wrong, we will destroy this digital tape. but i'm right. you heard this first. elizabeth warren will be running. we'll connect and let you decide. jamie, my argument has been that hillary clinton, talented as she is, looks very good from afar, but far from good in a race. it was barack obama that undid that appeal in 2008. i don't think it takes someone to do it again. it could be elizabeth warren. governor maryland. but it won't be here. what do you think? >> it all depends on how she markets herself. some people see her as too old school for 2016 in many ways. the left wing is certainly after the election see her as too conservative. they want someone that's not as close to wall

street. neil: they must think that's a losing tragedy. she's a more winnable candidate than elizabeth warren. >> they don't believe that. they see 2014 as an example, the reason they lost was because they weren't liberal enough. a lot of moderates say, not liberal enough, that's why you lost. to them, they didn't stand on their issue like income inequality. they don't care about polls showing that income inequality doesn't matter to most americans. neil: you're saying right now that they feel their better chance of winning is if they get someone more true to the party core, just as the cruzes and the rand pauls in the republican party saying it's getting to that conservative core. what if we have a nominee who is an

streaextreme. >> they don't always win. the question is if elizabeth warren were to run, would she be more howard dean who had inspired people and then fizzled out or barack obama -- neil: if you have a super conservative versus a super liberal, who wins? >> i think the super conservative wins as well. i don't think the candidate from occupy wall street, which elizabeth warren in many ways is, kind of inspires the country. take a look, the tea party was far more successful than occupy wall street. neil: she walked into that. she was pragmatic in her early days, but then they morphed into that. whatever. jamie, thank you very much. if the health care law is such a draw for the uninsured how is it that tens of millions even now and likely forever will remain uninsured. what did we do this

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neil: two years in, why are millions, millions still not signing up? tonight, in case you're counting, it's your last chance to enroll in obamacare. 15% of americans still don't that have coverage. to our fox business all-stars. if that many are uninsured, i remember they said it was the goal to insure everyone. we'll still end up with 30 million uninsured. it's not what you promised. >> 30 million still uninsured. for the most part, it's people that don't want insurance. people under 34 that don't want insurance. they don'tneed look, we have the same problem that we've talked about year after year on obamacare.

nobody wants this. nobody wants this. and the fact of the matter is -- neil: what about the millions that do get it? who are they? are these the ones depending on subsidies. >> the people that signed up already. 6 million people have signed up already. part of it, people are afraid -- neil: with a country of 320 million. >> there's been so much -- so many problems with the website. you need your financial records to sit down to do this. which, by the way, you're supposed to do by midnight tonight. good luck. your premiums are more expensive than when you started. the whole thing is backwards. neil: you are a creature of data. the argument was, health care costs would be a lot higher today if not for the law and premiums would have rocketed up more if not for the law. that can't be because mine has quadrupled. >> the media -- i hate to say this. i wish there was good reporting on this. hashtag, my thoughts are

facts. they're not facts. i tell you something, we still have six to 7 million people that lost their coverage. neil: yeah, what's the washout? >> that's the issue. so what's the net number about how many got insurance? neil: great discussion. issue two, jeb bush's latest presidential push. i'm not sony. he plans to release an e-book from his days as florida governor. >> who is going to read it? neil: that doesn't exactly have best-seller written all over this. what do you make of this? >> he's causing himself more problems than he can imagine. it's like we said before. whatever said in email can be interpreted to however people want to interpret it. neil: he doesn't have a couple of embarrassing ones, people won't be interested.

>> people will make it into interesting things. what about the emails that you deleted? will we see those? >> i think this story goes nowhere. they make a big hullabaloo from some emails. he gets to frame issues he wants to talk about. his position on immigration reform. why he supports the core education packet. and he can answer questions about, you know, his -- involvement with venture capital firms. he's saying, listen, i'll modernize myself. >> i think he's crazy pants for doing this. stone cold crazy pants. they'll find something. someone was cute as she was walking down the hallway. he is toast. it could be. he's setting himself up for disaster. >> neil, this is his apparent transparency move. it isn't going to work. by the way, the public

doesn't care about transparency. what the public wants is truth. and, by the way, even if they're not told the truth in the beginning like obamacare and gruber, sooner or later they find it. neil: i think the public could accept captain black an -- >> i'm transparent. you show all your -- and you elizabeth warren show your emails. >> i would read chris christie's. i would read that. neil: never put sugar in the sauce. it ruins the whole thing. will this move the needle on the republican presidential candidate? >> i don't think jeb bush is going anywhere. neil: who will be the nominee? >> i don't know, neil. [laughter] neil: all right. that will do here. you need proof, by the way, that this country is going to the dogs. illegals are suing us

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>> what is the deal with legal suing us. rarely have i seen a segment with this nonstop response. a lawyer who is suing this country because a guard dog bit him as he was breaking into this country. >> this is a nation of laws. >> -- this is a nation of agents who are trying to deal with a booming problem of illegals who come in, then havener on sue us --ner to sue us if they encounter difficulties, on the way out. >> i am not. >> here is really bites my

friends. he has a good case, likely wins a lot of bucks, clara, send the dog to that lawyer's house. maybe the dog can sue for rabi rabies. mr. cavuto, if the illegal suing border patrol had his day in court does the dog have to testify. >> this country really is going to the dogs. timothy, my fear that dog will be put to sleep but al sharpton continues barking into insights gotten -- inciteing god knows what. and this case just shows how en genius lawyers can interpret the law. i am told legal. >> word of advice, you future illegals, break in, get bit, hit

pay dirt, disgusting. >> a malprice to pay for minor flesh wounds, make out like a bandit for being a bandit. >> suing because a dog bit you? that is like you suing the ponderosa but pa buffett guy for slapping your wrist for trying to steel the beef for a third time. i think we're just arguing over something silly, regardless. this guy, was doing whatever he was doing illegally, now he is suing us because he was roughed up when he was here. this is crazy. rebecca. i am with you. i get so frustrated with the craziness of laws, you can go to

facebook.com/teamcavuto tell me what you think. tell very much foring good night. kennedy: when people are running for president it turns into a circus, this weekend congress was the clown car, senate democracies nervous and sad to hand the gavel over to the republicans. when ted cruz went on his poop flinging spree it woke up the crypt keeper. >> now we have a trillion dollars in new spending that is like congress' comfort binge