question. should job training be required to receive unemployment benefits. 68% say yes, 32% of you say no. >> the debate continues. from the left, i'm stephanie cutter. >> from the right, i'm newt gingrich. erin burnett out front starts right now. next, a major blow to the nsa spying program. does today's ruling prove edward snowden's case? >> it is a scathing projection of the nsa program. plus, was rick santorum right? does a new legal case show gay marriage opened the door to legalizing polygamy? and google's robot army. and it won't be a small one.

good evening. i'm jake tapper in for erin burnett. we're following a breaking story out of wisconsin. a delta flight has slipped off the runway. we just received a photo from our affiliate. you can see how snowy it is in madison tonight. the incident occurred as the plane was taxiing. there are no reported injuries at this time. the passengers are being bussed to the terminal for their safety. our other top story, a major blow to the nsa's spying. a judge has ruled that the phone records is unconstitutional. the specific criticism is that the data mining program revealed by nsa leaker edward snowden who actually issued this response, saying, quote, today, a secret

program authorized by a secret court, was, when it exposed to the light of day found to violate americans' rights. still, they say the ruling is being studied. cnn's legal analyst, jeffrey toobin is here. it is limited. it only applies to this specific case, but are there long-term ramifications. >> that remains to be seen. but it's nothing but bad news for the nsa today. it only applies to the two individuals who brought the case. and the nsa can no longer collect data on them. plus, the judge himself, richard leon, who is, by the way, a george w. bush appointee and a well-known conservative on the bench, he says i'm going to stay, put my order on hold while the government appeals. so the government program is still operating as we speak, but now there is a real political

and legal problem for the obama administration what to do no >> and as you heard earlier in the day when you and i were discussing this with ben wisener of the aclu, civil libertarians are arguing this is what happens when an open court discusses these things as opposed to a private fisa court. >> tomorrow president obama is meeting with a group of tech executives from google, yahoo, all the big tech companies who are not happy with this program either. they want changes made. the combination of this court ruling, the corporate unhappiness, some of our allies unhappiness, it certainly seems like there might be some changes in this program that might respond to those criticisms, but it is also true that it's a powerful interest in this country, and there are going to

be a lot of resistance to this. and the president and no one but the president is going to have to resolve these competing pressures. >> the president will discuss some of these issues tomorrow at the white house with. so top tech executives. republican versus republican. the budget bill that passed last week is now running into opposition in the senate. there are 50 votes needed to pass. still, the deal is expected to pass, but it's already it caused a big split within the republican party. last week john boehner chided republican conservatives who opposed the bill. >> i think john has got his irish up. he was frustrated that these groups came out in opposition to our budget agreement before we reached a budget agreement. i was frustrated too, but i think these are very important elements of our conservative family. i would prefer to keep those

discussions within the family. >> bill, i'll start with you. is speaker boehner right? should these fights be kept within the family? not publicly? and should conservative groups wait to see the deal before they criticize? >> in a free country, people speak out, and conservatives don't agree on everything. i think one argument for the deal is let's have this little spat now. it's going to pass the senate tomorrow or wednesday. let's get it over with so we can go after the thing that's really ruining america, which is obamacare. >> very yearly, john boehner has expressed very serious frustration, two days in a row. it wasn't just getting his irish up just once. it was the entire ireland. he's talking about your group,

other groups. what do you think of that? >> i think's a little disingenuous to go after us for expressing opinions about a deal that was on a very fast track. the challenge has always been in these last minute budget deals to understand what's in there before they vote. this is the republican party that promised upon winning election and winning the majority, winning the speakership in 2010 that they were going to cut 100 billion in one year. now they're raising spending, 63 billion in the next two years. i think it's an acknowledgement that they just don't want to fight this budget fight anymore. >> there are also progressive democrats who have refused to say how they're going to vote on this and who don't want to. they don't like other provisions in it. how many democrats do you think are going to vote against this? >> i think -- against it? very, very few. i think almost all the democrats will be for it. and here's why. because it's not a great deal, but it's a deal. it's a good deal.

frankly, it's a good deal for both sides. bill wants to fight about obamacare. it finally allows us to get back to regular order, right? so that we won't have government shutdowns. it does enshrine, really, the stupid cuts that were in the sequester. it was a doomsday device that sadly came into being. he want they want to get into national security. my question is, what deal would you take? what deal would the right take? >> that's a decent question. i asked paul ryan about the deal last week. and here's what he had to say. >> we're basically passing an agreement that we can pass that we can agree to. there are a lot of things not in the agreement that people wanted in the agreement. that's just the way it works. >> democrats control the senate,

democrats control the white house. something needs to pass to fund the government. this is paul ryan's argument. and it's a lot easier to say no and be a purity republican. how do you respond to that? >> the sequester that we were promised in 2011, the president supported it, and the democrats supported it and the republicans supported it. what they have done is unwind that last promise for another long-term promise to do something in the tenth year. the tenth year never comes. so i think our compromised position was let's settle for this sequester. nobody likes it. if nobody like it is in washington, it must be doing something good. >> i think it cuts defense way disproportionately. the obama white house proposed the sequester. and they proposed it with widely dis -- >> it was never meant to happen. it was to be a threat. >> right. but that make it is to me,

that's why i'm not one of those republicans who fell in love with it and decided it was the best thing to do. it got more than two-thirds of the vote. a lot decided that a little relief in the short term, and relief for defense and above all, getting this off the table so we don't have republicans fighting republicans for the next year so we can focus on -- >> say it. obamacare. >> you actually think by november 2014 obamacare is going to be a winner for the democrat party? nancy pelosi told me that. >> if they fight. you can't win a fight you're not engaged. i think democrats will enjoy this because the computer and the rollout have been a disaster. here's the problem with the republican position. they don't really have an alternative, so they want to repeal it. republicans want to take us back to the day when is you can be

denied coverage for a pre-existing conditions, or be discriminated for being a woman. or you can be cut off for a lifetime limit. americans don't like to give up their rights. >> a lot of head shaking here. and we will have all of you back here to discuss obamacare. thank you so much. i appreciate it very much. still to come. a dramatic change to marriage laws. why a judge now says it's okay to live like a pa lig mist. [ male announcer ] this is george.

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welcome back. polygamy is against the law in america. but living like a polygamist is now legal in utah. you may recognize coty brown from the tv show sister wives. it has been criticized by rick santorum who says quote, if the supreme court says that you have the right to consexual sex within your home then you have the right to bigamy, polygamy, incest. now rick santorum says he was

right. was he? >> lori was born into polygamy. thank you both for being here. yesterday former republican presidential candidate rick santorum tweeted sometimes i hated when something i predict comes true. he was referring to what he said about polygamy being allowed. >> absolutely not, polygamy isn't about harems and prostitution. it has nothing to do with a man and a man or a woman and woman who want to live together and have a normal life. it's about criminal acts. and unfortunately, these laws are not being enforced in the

state of utah and we need to do something about this and not listen to people like rick santorum who don't know what they're talking about. >> the law did stop short of legalizing plural marriages. why is that a problem to you? >> it is the same progression that we saw with same-sex marriage. and the judge in this case maid a lot of reference to lawrence v. texas, which is what santorum was talking about. justice scalia himself predicted this. there are some who don't want to compare sister wives with same-sex marriage. the quantities are easy to change. and that's what we see happening right here. there is a legal connection. we go all the way back to the

supreme court. the judge made reference to that in his decision. >> the family research council put out a statement saying redefining marriage to fulfill the desires of same-sex couples or polygamists only creates social chaos. your reaction? >> there's purely salacious propaganda to scare people into not supporting same-sex marriage. when a man takes ten wives, nine boys have to be thrown out of the community. this is why we have thousands of lost boys so that pedophiles can marry all the young girls. this does not have to do with two consenting adults who love each other and marry. this has to do with cult, barbaric cults who subjugate

women and abuse them and marry underage brides. when you're in one of these they have to prey on the young girls and they have to run the young boys out of town. these people don't know basic math and they don't know the numbers and how to add and subtract. we have barbaric cults that are occurring and screwball judges that are trying to change laws and trying to mess up the united states of america and put a big, red flag on utah like a mountain saying all you pedophiles and you people who want to start these nasty little cult, let's all come to utah and start another little cult that abuses women and children. and if the people in utah don't stand up against this, it's going to be a problem for them. >> you look like you want to weigh in. >> i agree with the fact that this is a real war on women. but it is not judicial

gymnastics to get to this point from a redefinition of marriage. this is the result of the deconstruction of marriage. so we should not be surprised, despite the fact that we're looking at different numbers or quantity, it is the deconstruction of marriage that has brought us to this. lawrence v. texas was the starting gun. we'll see the next step, professor turley who is pushing this. it will be to recognize these plural marriages. if it's all about love, you can't deny three or four or five people. this is a big immigration issue, too. when people are knocking on the door to come into the country, we're going to see women become a real target in this country. and, again, you want to talk about a war on women, this is it. ? so let's remove the cult aspect from this a minute. and let's remove, obviously

pedophiles. let's just talk about adults for a second. coty and his wives have 14 children. they're featured on the show sister wives. they issued a statement saying many people do not believe in plural families. but many will come to respect our choices. why shouldn't they be entitled to that? >> i know holly good has done their part, just as they've done with same-sex marriage by putting sister wives out there, big love, but they haven't put out there the warren jeffs, they haven't told lori's story, what she has seen in the polygamist movement. and i would say what we see here in the united states with illegal polygamy probably pales what we see especially in the muslim community. what we have as between a man

and woman will be lost. this is a real war on women. and this judge has unleashed that here in this country. >> all right. thank you so much. we appreciate your time. still to come, google buys a company that provides machinery to the pentagon. what does google have planned for its the armies of robots? plus mike tyson coming up later in the show. cure retiremes and protect financial futures. to help communities recover and rebuild. for companies going from garage to global. on the ground, in the air, even into space. we repaid every dollar america lent us. and gave america back a profit. we're here to keep our promises. to help you realize a better tomorrow. from the families of aig, happy holidays.

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google is growing its army of robots. tonight they are the proud owner of boston dynamics. a company that's been building robots for the pentagon. robots that can crawl, walk, jump. google started out as a search engine, it now has google glass, wi-fi balloons, google barges. what is up with the robots? what is it planning to do with its budding robotics division? >> the basic problem that google's got to face here is the two of us are maid of flesh and blood things. we exist offline hopefully as well as we exist online. and you run into a problem of how do i market ways to make your life run better when you're not in front of the device.

that's where all these robotics come into play. >> they one near $140 million in contracts from the defense department? there's also the simple math here. this is a going to be a cash cow for google. >> that's right. it gets them into a military market that they've not really been a player in. they've had some success in the intelligence market. but now they're hoping that the money will still be there after the defense sequester. to start capitalizing on when the usability start to come in. >> fascinating. thank you so much for being here. still to come, the latest details from the colorado shooting. the shooter's parents speak out for the first time. plus an anchor apologizes,

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tonight we're hearing for the first time from the parents of carl pearson. the pearsons issued a statement saying in part, we are shattered by the tragic events that took place on friday at arapahoe high school. we cannot begin to understand why carl did what he did. the pearson family added their thoughts and prayers are with claire davis. she is still in a coma. police say pearson was armed with a shotgun, a machete, three molotov cocktails. the director of the fbi has agreed to meet with the family of the man who was held captive in iran. according to reports, the fbi, the state department, even the white house knew of his cia

connection and continued to say he was a civilian at the time of his disappearance. his family last heard from him in 2011 when they received this series of photographs. and now they're demanding to know why more has not been done to bring him home. jim sciutto has more on the story. >> his family has said the cia lied to them about his work for the agency. now the agency allegedly lied to the congress. >> the cia did not tell the truth to the congress about mr. levinson. if that's true, you put that on top of things that the intelligence agencies didn't know about other activities that were revealed by snowden. >> reporter: the levinson family says it made them drag their feet securing his release. >> what they were doing was contrary to policy and rules

within the cia. they chose to stone wall it, leave him in iran and hopefully save their jobs. >> reporter: that's an accusation john kerry vehemently denies. >> to suggest that anybody has abandoned him is not correct and not helpful. >> reporter: still security authorities say he should not have ever been in iran. >> given levinson's background, the noigs that you thought you could infiltrate him into a denied area was particularly risky. this is a retired fbi agent. >> reporter: now the publication of his cia links may further endanger other americans in iran. this man has been held for two years. >> they can say what they want. they can say what they want, but if they want to be taken

seriously as they negotiate this nuclear agreement, there's a lot of skepticism. >> for their part, the hegmati family says they are satisfied. now we also found out today that secretary of state john kerry spoke with the iranian foreign minister. and while he raises the cases of heghati orlevinson and others. >> usually there's an acknowledgement that they have somebody in custody, maybe there's a show trial, trumped-up charges, et cetera. in this instance, the iranian government is saying they know nothing about it. >> they make a case like they did on the journalist, held there on baseless charges that

she was a spy, or the american hikers. this is a case where he seems to have substantial ties to the security services. they are not acknowledging it. in an interview yesterday, it was said that as far as they know he is not in the country. they have no information on it. >> in a country that the government knows what's going on, they don't know about it. and megan kelly causing a stir. >> well, this would be funny, if it were not so telling about our society. the knee-jerk reaction to race bait. contrary to what my critics have posited, neither my statement or

harr harris's, i'm sure, it was less cynical, from the miracle on 34th street, we continually see santa as a white man in modern day america. >> does she have a point? thanks one and all for being here. did megan kelly go far enough? >> i don't think she needed to apologize. i think this was about race baiting. she was clearly talking about the representation of santa claus in popular culture. and here's one of the things, jake, that i found to be profoundly sad about this entire story is that everybody missed the point. the point is that santa, if you believe in him, which many of us do, is a function of what you grew up with. and so, she was talking about the santa that not only do we

see in popular culture, but also the one that showed up in her household. i don't think she needs to apologize, for the jesus comment because she was wrong. santa problem, no way. >> you think the bigger issue here is that people are insecure about their race, so much so that a joke would set them off. explain what you mean. >> here's the thing, jake, is that if you have a belief, and you have faith in something, whether it's you believe in santa or a certain religion, belief is anchored inside you. so it's very sad that a news host could say something about her belief and it rocks your world. that tells me that you don't have very firm convictions if you're ofinded by what somebody on television says about something you believe in. >> tim shaking their heads. >> a dartmouth graduate just says she believes in santa. >> i happen to have kids at home

who are watching. >> let me finish this comment. >> what megan kelly said is santa is white, end of quote. and so is jesus. the real issue, if you want to make a joke about santa's whiteness, you could say for instance, and i would, that if there were santa, he'd have to be white because no black man could break into millions of homes and not be busted by some neighborhood watch captain. so there's that. i think the real issue is that she made a statement of fact, not for her own opinion. but fact. there's a difference queen believing in santa or jesus or the buddha. he was a man of color. and the fact that we have represented him for centuriesane

history of white supremacy. the reality is this icon ography, jesus more than santa is a real problem. there's a reason we've represented these icons as white. it's not a coincidence that we've done that. >> rochelle, i want you to respond. i would like to say many cultures throughout the world represent jesus and santa as their own culture, whether it's latinos or african-americans or africans or whites. >> exactly. >> but rochelle, please weigh in. >> megan kelly did say that santa is just white. she was very clear about that. and the fact is we can talk about this is santa and a fictitious character, but the real issue here is that people who think like megan kelly brief it's more comfortable for them to believe there is a white man

flying around the earth with magical reindeer than to believe that a blark man in the year 2013 can actually be kind, can be loving and can actually be caring toward children. that's really the issue here, not only -- >> that is absurd what you're saying right now. >> jamaican santas. and you know what? my cuban santas, because i'm in miami, and every corner reflects the community. but how, the characters of kindness and love and caring are not exclusive to the right race. and that's what was wrong with what megyn kelly said. >> i think it's absolutely absurd where you guys are taking this. absolutely absurd. why aren't you complaining about the fact that harris said that santa should become a penguin that would traumatize children

everywhere. >> a penguin would traumatize children? >> we can talk about a penguin. here's the historical fact. here's the reality. the image of a white jesus has been used to justify enslavement, the genocide of peoples, there are millions of human beings whose lives have been snuffed out under the banner of a white god. that is a much more significant problem than someone suggesting we should change santa into a penguin. the white god has resulted in death. that's something that folks ought to deal with. >> i can't imagine christmas morning at your house, tim. >> i'm jewish. >> i raid -- read something

interesting. the argument in an interview with the washington post was that jesus was from galilee and probably looked like a palestinian jew. >> absolutely. >> but christ is what we make of him, and that if there are asians who are christians, they celebrate, worship an asian christ, same thing with south americans, whites. i understand what you're saying -- >> here's the difference, though. >> resa's right. but the difference is that the power of others to make jesus or christ as they view him has never come close to the power of the european power to make jesus white. in other words, black folks can think jesus is black, but at the end of the day, the image that has been used to dominate christianity in this world and

on this planet is the white image. so you can think jesus looks whatever you want, ultimately, though, there is such a thing as power. and it's not equitable. and if certain people have been able to impose their image of the christ on others or adam and eve, the first human beings, as white people, to believe that doesn't have an effect is to believe that advertising doesn't have an effect. that companies that spend billions of dollars don't actually sell you stuff based on the images they use. >> allow me to say, merry christmas to you all. thank you so much. still to come, he was one of the most fearsome fighters of his day. more of my interview with mike tyson. plus rob ford finds religion. we have the video, and he's dancing in it. where does it rank on the all time list? my customers can shop around--

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a research tool on thinkorswim. (voseeker of the sublime.ro. you can separate runway ridiculousness... from fashion that flies off the shelves. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. (natalie) ooooh, i like your style. (vo) so do we, business pro. so do we. go national. go like a pro. hey, good news, everyone. it looks like toronto mayor rob ford is working on redeeming his image.

new video surfaced. it was reportedly at a prayer service in the west toronto church of god. last month he had a come to jesus moment. ford claims he's finished with alcohol and drugs. and with this video going viral, perhaps his next stop will be "dancing with the stars." i shouldn't have given him that thought, should i? remember the thousands of passengers drifting for days on that carnival triumph ship? none of it had to happen. the ship left port with a third of the generators not working while knowing that the remaining ones were a fire hazard. also dr. sanjay gupta weighs in on two story, antibacterial soap may not work any better than regular soap. and the benefits of multi

vitamins. are they a myth? there are three new stories out. sounds great. thanks, anderson. i was the youngest heavyweight champion, but he went to rock bottom. now a new tell-all memoir, mike tyson has a come back. earlier i talked to mike tyson about his second round in the spotlight. you're a complicated guy. you've had real highs and real lows. what do you think has been the highlight of your life so far. your best moment? >> i don't know. maybe getting off drugs. just living my life. this is the highlight of my life now. not being in jail, i didn't kill anybody. no one killed me. >> considering how ferocious you were in the ring and some of the troubles you've had with the law, it is kind of amazing that you never killed anyone.

>> it's amazing no one ever killed me either. it goes both ways. i'm just happy. if anybody said mike tyson, you did this and that, you would have to go 15 years ago. no one can say in the last five years you've done this or done that. i've tried the last five years to live my life like a productive citizen. >> where do you think would you be if you hadn't ended up in upstate new york? >> people ask that. i'm not clairvoyant. he said you can accomplish anything. i was a boxer. and i discovered you first. you were discovered by a teacher. you had the mentors. you became a great type of iror you become a great actor if an acting coach got involved with you. it's just that i got involved with someone who was involved in boxing. >> you also learned very quickly

how to fight. how did you do that? how did you learn so quickly? a lot of people who don't watch boxing don't understand it's a psychological game, a physical game. >> we didn't talk about punching and we talk about the psychology of boxing and the psychology of fear. and he had the psychology of fear down to a science. it was 90% psychological and 10% physical. it's part of the psychological game, be being ting the tough g all these antics. >> you've been in the hangover, there definitely seems to be part of society that is rooting for you. that enjoyed seeing you in these

movies. that must make you feel good after years of being hated. >> hey, i don't know. i don't know about feeling good. but it's different. it's really different. i'm just living my life. when people tell me you're great, you're the best. you deserve an oscar, i think of my demons, my flaws, you know, because the reason that i suck si suckseed in life is because of my flaws. >> what flaws? >> i believe -- this really ridiculous, because it's not true. i believe by askinneding to these high places in life, they will leave, they won't exist anymore, but they do. >> just like there are some people rooting for you, there are some people out there who think he's gotten as many chances as i want to give to him. what do you say to them? >> i don't say anything to them.

i just let them watch me. and the only way we can stop hate is by love. and that's all i'm doing now is pretty much love. i used to be one of those people who had a lot of hate. i'm not angry at them. i'm not mad at them. i understand it's just a disieae or illness. i know there's comfort in misery. >> thanks. appreciate it. still to come. we saw a shocking tv death, but where does it rank on the all-time list? coming up. ♪ on the road ♪ and we know that it goes on and on ♪ [ female announcer ] you're the boss of your life. in charge of making memories and keeping promises. ask your financial professional how lincoln financial can help you take charge of your future.

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spoiler alert. if you have not seen last night's homeland, you might want to turn down the volume for the next two minutes. in last night's season fin ally, the fans were shocked to see one of the show's main characters get killed. it was a gruesome death.

even though some characters make triumphant rurnts after they die, probably wouldn't hold

out for the same thing happening on homeland. so where does the death rank on the most shocking dtv deaths? let us know. ac 360 starts right now. thanks very much. what a court ruling against the nsa's massive intelligence collection program means to your policy and to edward snowden's freedom. remember that ocean liner at sea? our investigation tonight >> the bacterial sek teterial s using, whether it works and whether your vichls work and whether you should take them?

about half of all americans do. and we deal with a court ruling and the body swales program until edward snowden revealed it that can collect phone records on each and every call americans make. the district court ruling it probab probably eliminates search and seizure protections. i cannot maj a more indiscriminate and arbitrary invasion than this systematic high-tech data on virtually every citizen for purposes of querying and analyzing it without prior judicial approval. and a george bush judicial appointee called it orwellian and aghast at the scope of it. but did hold off six months before shutting it down while they give their opinion. t they said they did believe it