deserves to be told. i'm oliver north. good night. >> thank you. >> thank you. >> it's not going away. a judge ordering the release of even more clinton e-mails as donald trump and others call for a special prosecutor. they want an independent investigation into the pay to play allegation between the state department and donors to the clinton foundation. so would a special prosecutor be worth the cost to taxpayers? i'm dagen mcdowell in for brenda buttner. this is "bulls and bears." the bulls and bears this week, gary, jonas, john, along with lisa and jessica. welcome to everybody. lisa, is a special prosecutor worth the cost? >> absolutely. the obama administration has shown their cards.

you had lor lettaynch sit on a plane with bill clinton during an investigation and there's also reports that the department of justice turned down the fbi's request to investigate the clinton foundation on public corruption charges. the reality is hillary clinton is running to be commander in chief of this great nation, and while she was the nation's top diplomat it looks like her influence was for sale. look at the associated press report. 55% of the nongovernment individuals she sat down with or took phone calls with were clinton foundation donors. the business times, they reported that arms sales to governments that donated to the clinton foundation increased under her watch. look at "the new york times" who reported about uranium in a deal that hillary clinton approved as secretary of state, that gave russia 20% of the u.s.'s uranium and donors behind that deal as well. so, you've got to have someone independently come in here. we can't trust the doj. >> we need a word other than

cozy to describe how clinton was with the state department, sharing employees, comparing schedules and mixing foundation donors with those begging for favors from the state department. why not a special prosecutor? >> as a democrat, we know i love to spend money, i'm not going to take that argument there. i understand the cause for concern and, you know, very liberal publications like "the washington post" have said that the clinton foundation should disband and hand their operations over to the bill and melinda gates foundation. i understand the concern. as to the ap report which lisa cited, a lot of people have torn that apart. 55% of the nongovernment people that she had meetings with were also donors, you're not talking about the thousands of other people who are government officials she met with and also talking about the ap went off about mohammad eunice and eli wisele, a new low there. the gop just wants to hammer this over and over because donald trump is sinking and they think that this what is they can

do, make her seem so untrustworthy she won't get ele elected. it's not going to work. >> this is an individual who wants to be the president of the united states who clearly abused the role of secretary of state in terms of helping curry favor for the clinton foundation donors. there was a direct connection between one donor who wanted a meeting with the crown prince and getting a meeting with hillary clinton. we found out that this past week. >> yeah. i agree with everything you said. and remember the doj did not investigate the ties between the clinton foundation and the secretary of state. they investigated the e-mails which they said that no prosecutor, reasonable prosecutor, would suggest criminal prosecution. but here's the issue. look, remember whitewater, the president -- with the clintons, president clinton and mrs. clinton, you had a special prosecutor in ken starr, he spent tens of millions of dollars. the only indictment from the sec investigation of the mcdougals not from the special prosecutor.

james comey, the fbi director, then deputy attorney general under president bush, has said that the only reason for a special prose kugcution if ther going to be a criminal charge, not just a finding of more facts. i don't think you're going to see a criminal charge. it's unethical, it's wrong, be yes. i think a lot of people in washinon, d.c. are doing it. as far as a criminal prosecution this isn't going to happen so a waste of money to get a special prosecutor. >> jonas, waste of money? >> if you expanded it to all politicians i'm pretty sure the list of politicians that took phone calls or made appointments with rich people who gave them money or might have given them money down the road is a long list that you would be spending a lot of taxpayer money. i will say broadly speaking the concept here, that the government could use money to actually find out what these people have done, not just one side like this would be, but like we have this fun, this presidential election campaign fund, like a quarter billion dollar slush fund. it's hard to become an fbi agent, become the president, why don't they do a credit check on

limited tax analysis, criminal chex, background. like i don't know what either one has done when it goes down to it over long periods of time. they're running for president and it's a government job. we take other government jobs, do drug tests we don't know those results. make weird accusations about her health and this is crooked. why doesn't the government do all that and give the voters so we can make decisions. >> these are weird accusations getting pulled out of the either, information that was laid out in e-mails, the ones that came out from houma abedin, why aren't they going after her chief of staff cheryl mills' e-mails. why did the private server ex t exist? to hide the activity between the clinton foundation and state department. >> well, dagen, there's where i come down on this. one, why they're not going after them is because hillary clinton is a democratic candidate. if it was reversed around and

donald trump had the donald trump foundation and he was a politician they would be going after him, i think. but maybe i'm a little more cynical. i understand all the points and the rousing that lisa made and i agree with them, but here's the thing, the clintons are smart. as john kind of implied, you're not going to find anything dirty that they did. even if you did what are you going to find? they're politicians, they're influenced by money. my god it's like saying there's ambitious people in washington, d.c. so waste a couple million dollars with all these prosecutors. it will all come out they will find nothing, maybe some frivolous stuff, the clintons will say see, we did nothing wrong. again, pain i'm cynical, it's all going to come to nothing and i would rather at this point not waste taxpayers' money to find out something we already know. >> that -- that's incredibly sad, is it not, that that is the attitude of the american people,

yeah, they're smart enough to get away with something and never get charged for it. >> it's certainly my attitude. >> the attitude of a lot of people. >> gary, you're better than that. no look it's in the public interest to figure out what happened here. she's running to be commander in chief. she wants to oversea the world's largest nuclear arsenal and the world's largest super power and to jessica's point it's just really interesting to me that the democratic party is attacking the associated press for it. i think i'm going to go with the associated press here considering the fact that hillary clinton took the unprecedented steps to set up a private server in the first place, spent reported $140,000 out of her pocket to maintain that server and then used special -- what was it bleach bits to delete tens of thousands of e-mails so even forensics could not recover those e-mails. i'm going to go with the associated press -- >> you're misreading -- >> lied to the american people -- >> they have walked back what they did. the way they reported it.

>> it's not the associated press, jessica. >> it is the associated -- >> no, it's not. >> numerous reports, numerous reports. >> statistic you throw out about 55%. the difference between access and favors. to gary's point he's correct. if you look at the numbers over 60% of americans do not care about this anymore. 80% of democrats and independents. just want to distract from donald trump. that's what's going on here. the immigration flip flop, the race issues. >> that's not true because you've got 92% of americans believe that she did something illegal pertaining to her e-mails or broke the law. so i mean, look, that is not true and you look at independ another poll that showed that 60% of independents believed that the fbi should have recommended indictment charges or charges for hillary clinton. this isn't specific to republicans. this is also independents and democrats. no people are concerned about the intersection between the

clinton foundation and her private e-mail and her time as secretary of state. >> and the clintons are counting on the american people moving on because that's what people have done in the past because the situation is so complicated. thank you, guys. everybody, cavuto on business 20 minutes from now. hey, charles, what have you got? >> hey, dagen. trump supporters under attack but you wouldn't know it from watching the mainstream media. another example of media bias. plus hillary clinton is raising big money from the rich while bashing the rich. someone says isn't that rich. see you at the bottom of the hour. >> we can't wait. up here first, lawmakers calling for a probe into the epipen price spike. is this hollywood star proving that the free market is already taking care of it?

lawmakers on both sides of the aisle demanding regulators

go after mylan over the epipen price soaring. with mylan's stock plummeting and actress sarah jessica parker who was in epipen ads bailing, john says that the free market has taken care of it and the government would only make it worse. john? >> yeah. absolutely. what we need is an anti-stupid pill and we need to take it to d.c. and distribute it freely. look, this is the way the free market should work. the super sandy relief bill we had money in the initial bill for fisheries in alaska. now you want these guys to investigate someone else? two candidates america doesn't want, 538 members of congress that 90% of america disapprove with. this is a distraction. look at what happened to the touring ceo when he hiked the aids pill. he pretty much ruined his entire career. that's exactly what is happening right now to this pharmaceutical company and this ceo. this is how the free market should work. congress needs to stay away.

>> gary b., in one week the stock of mylan fell 11.5% in outrage alone. mylan said we'll cover more of the out-of-pocket costs for people and expand the number of lower income people who we'll cover. >> well, you could say certainly the publicity is working. for people to say the free market is working i disagree. not because what i'm against what mylan is doing. i disagree on the grounds that there is no free market in this. the government is mucking things up. per john's point there are competitors to this, abiq i don't think i'm pronouncing that right, they had a product recalled by the fda. teva had a product out there that was blocked by the fda. it's not the epinephrine that's expensive. that's like aspirin. it's the injection device. the fda is getting there and mucking up. people think why don't we have low health care prices?

why? because we have the government involved. there's no free market in this area or there was a free market in health care, you better believe that the costs of the epipen would be a few dollars. but there isn't. this is the government's fault, not mylan's fault. >> i love people in politics who won't say the government is the solution to a problem essentially created by the government. >> why not, right. >> no. >> it's the truth. >> no. i understand what you're saying and i think actually that pharma companies have taken a little extra heat going through this process because they have to invest billions of dollars to bring these medicines to park. actually here the government did play a very crucial role in the outrage to get as much publicity for mylan to self-correct. the government was useful. i totally take gary's points. >> even though gary didn't agree with me in the earlier block i

agree here. the sense that there is no competition and the marketplace because mylan has had a monopoly on this product and that's the problem. there needs to be more competition to drive those prices down. a large part of that is because of patent restrictions at an earlier point and also the fda's red tape. if anyone needs to be investigated it's the fda and why these competitors have been blocked by the fda. >> and jonas, this company, mylan, has spent tons of money on lobbying and marketing to create an iconic brand. people ask for the epipen like they buy band-aids. doctors prescribe the epipen. >> it's an injectable $1 drug they're selling for $500. the bottom line there's a little right and wrong on what everyone is saying. the drug is cre very complicated and the drug companies have been running like hedge funds, do sleazy stuff and buy a cheap drug no one making it for a

while charge a lot for a while they have a few years on the patent, it was cheap and no one wanted to make it. valeant, the skir rely guy, that guy is crooked. all because the government creates a monopoly with patents on drugs and device patents. if there was no government which everyone seems to think we want. >> i don't. >> because it wouldn't work. i love huge government. >> there was no patent protection you wouldn't spend any money to make a drug because everyone would make it for a dollar after you make it. you need the government protected patent and government regulation. so many areas, yes. the fda is slow-mo with the competitors but also medicare can't negotiate the price of these things for some crazy reason. they should be able to negotiate if it's a monopoly situation. they should be able to call the price on 800 milligrams of i beau pro fan which is $3. >> john, final word to you. price controls from the government are going to be less innovation and less life saving cures, period. >> no one is offering a solution

to fix exorbitant prices like this or price gouging. demagoguery at its finest. mostly politicians are incompetent. this was a presidential candidate not the government that went after this company but they don't have a solution going forward. they're going after this one company for publicity. >> thank you, john, guys. cashin' over an hour from now. eric, what do you guys have coming up? >> hi, dagen. hillary clinton joking about her e-mail scandal this week but will america be laughing come november? plus, donald trump is softening his stance on illegal immigration if that's what a lot of people wanted why are so many being so hard on him. cashin' in, see you at 11:30. >> thanks. we'll be watching but up here first, is a new school year begin, one elementary teacher telling her kids no homework. for the whole year. and someone here says that is and someone here says that is one smart idea. it takes less than one minute to find out

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♪oh yeah

the kids head back to school one second grade class is giving their teacher an a-plus after she announced a new homework policy, no homework at all. teachers want parents to spend quality time with kids instead. >> i'm astounded by this. second graders shouldn't have such a heavy load of homework there needs to be a policy like this. definitely second grade, 7, 8 years old, you should be having mandatory reading your parents could do with you, i would have preferred that as a suggestion. she did say if you didn't finish your work during the day you have to get it done at night.

>> jonas, you looked like you struggled with homework. what do you think? >> where was this awesome teach western i was in second grade. look, you know, it's second grade. let's not get totally -- the average second grader doing 20 minutes of homework. the only person is working is the teacher. you have to grade the home work assignme assignments. i can see why the teacher doesn't want to do this. i would have loved to say -- these papers are all stupid anyway. is this how it works you get a ten minute assign from a teacher. you read wick ka pedia for 20 minutes. >> gary, good or bad idea? >> i'm kind of mixed. to be honest. i don't think no homework is the right answer. i mean in what area athletics, music, academics, do people excel with no extra time? the other part, we are being annihilated across the board worldwide by countries like finland, japan, china, on their

skill level even from the second grade on. i can assure you they're doing more than zero homework. the other points it's correct, they are 7, 8 years old. they're not going to get three hours of homework but yeah, 30, 40 minutes of homework is fair. >> i think for a second grader limited homework however i don't trust public schools anymore and so i would want to be able to see some of the stuff that they're learning to make sure they're not being indoctrinated with liberal policies. >> not that bad. >> but john, final word to you. no homework means that the teacher is doing her job? >> exactly. our kids are coming out of school as dumb as they went in. we're -- our system is failing, guys. we're ranked somewhere between 14th and 30th in the world right now despite spending more money than everybody else. and when you look at no homework we have great teachers and schools overall our system is failing. look at finland. they do three hours a day of

school, zero homework. >> right. >> and they are ranked in the top five worldwide. what we're doing is not working and we need to try something different. we use school as a baby sitting service. that's all we're using it for. >> no homework, build a fort, ride a bike instead. >> thank you for joining us. >> thanks. >> oops, she did it again. brittney spears making a comeback and one of our star

predictions, gary go. >> last week i was wrong about ryan lochte. he just keeps -- he won't go away. i was worried about his sponsors dropping him in, ralph lauren in particular, i think the stock is up 20%. >> already got a new sponsor. >> john. >> walmart, with the acquisition of jet.com is a threat to amazon. i own it pup up 20%. >> don't think it's a threat, ready for a pullback. >> jonah. >> wall street engineering has

almost destroyed eczar but brittney spears might save the company. >> john, brittney, yes? >> caesars, evil knievel to jump the fountains not brittney. >> bye. >> [ bleep ]. >> trump supporters under attack, going under the radar. hello, everyone. i'm charles in for neil cavuto. shocking new video showing trump supporters targeted at a fund raiser in minnesota and outside of trump tourre in new york, one protesters getting into a shouting match pastor mark burns. scott martin said if they were hillary clinton supporters this would be all over the tv. joining me, charlie, julie, and gary. dagen doing her usual great job subhosting bulls and bears and adam and ben are out this week. scott, look at this video but