web page for the after hours show. foxbusiness.com/theindepende nts. we will be there it moments. thanks for being here. good night. >> good evening. one rigo that attorney general their color travel to lebanon to the baptist church and promised to end racial profiling his declaration after michael brown grand jury decisions it turns out was tardy by a decade. george to be bush had already ended racial profiling antedate the al gore and attorney general eric holder and able to completely rewrite history or further ignore it, decided if he cannot and racial profiling he would

and other types of profiling the attorney general's efforts don't apply to anyone or garner incidents and he writes today'' mcadoo's policy will address the use of other characteristics including national origin, gender origin, gender, identity, re ligion, and sexual orientation. the attorney general's policies do not apply to state and local police and also does not apply to border patrol activities near the border of fort activities our passengers or the secret service. white house press secretary confuse the matter further with this contradiction of the announcement. >> the government does not condone racial policies -- profiling that is the policy that is not allowed by law enforcement.

but we also have to be in a position to allow law enforcement officials to make risk based assessments to balance the protection of the american people with the protections of liberty. >> president bush has already made profiling illegal for federal law-enforcement. and white house is confused exactly but no confusion and just ahead of president obama's b.e.t. network interview, which was not without incident. president obama said america is

racist, and racism is deeply rooted here. >> this is something that is deeply rooted in our society, and in our hist dee, whe diary - history, you have to have vigilance but recognize it will take some time. lou: president's comments follow another attack on our nation's law enforcement agentss and officers, by new york city mayor bill de blasio. >> we have to have an honest conversation about heuflt ro hif racism about the problem that caused parents to file their children may be in danger. lou: de blasio joined in his criticism of police by fellow democratic mayor michael nutter of philadelphia, accused his police department of being afraid of african-american,

holder's symbolic new guidelines, doing little for agitators hoping to keep protests alive. o*erorganizers hopeinhopingto coopt the media f visit of the royals in new york tonight. protests in other cities not following the same script. carl cameron are our report. >> with die ins popping up, and turning violent over the weekend in berkeley. attorney general eric holder today expanded the bush administration's guidelines to also recollide profileing -- pro

collide profiling based on gender, and orientation. >> we can't afford to profile do law enforcement on basis of stereo types, it undermines public trust but also makes us not good at what we need to do. >> reporter: civil rights groups agree but complain that measures s palm short because specific agents within the homeland security, southern border and air traveler not included. >> the guideance does not go as far as we would like, exempts customs and border patrol, and taeuts days, thostsa these havea lot of racial profiling complaints. >> reporter: they have no force of the law, and apply only to feds. >> it has no legal effect with respect to them, and no affect with respect to state and local law enforcement. >> reporter: white house

spokesman concedeing that more must be done on race. >> federal government does not condone racial profiling, it is the policy of the administration. >> reporter: it was also the policy of the last administration. a new poll out today from bloomberg news suggests that 53% of americans think this race relations have worsened during their watch. lou: much more later on attorney general holder's racial profiling rules, we take it up with judge napolitano. >> intelligence committee report on cia interrogation tactics will be made public tomorrow, federal officials warn to be prepared for potential violence overseas, katherine haeurpbl witcatherine herridgewith our r. >> reporter: a 5 year

investigation causing in excess of 40 million dollars driven by the democrats on the intelligence committee to provide new and raw detail about post 9/11 cia interrogation program that critics called, torture. program including waterboarding of khraoed shakingkhalid sheik . and the alleged planner of uss cole bombing in 2000, aclu supports diane feinstein's decision to make the findings public. >> this is a cia that is out of control, outside of the system of checks and balances that constitution sets up, they lied to the white house to the justice department to congress about what they were doing. >> reporter: in a interview with "l.a. times" feinstein said that cia program undermineed values that we're proud of. and anybody who reads this will never let this happen again.

former cia director mike rally haden said that report will betray u.s. allies overseas, and make agency officers risk averse. >> this report will lead to a national espionage service that cia that is timid and friendless, that is say dress sit -- is a dangerous situation. >> don the cia senior lawyer during the bush-era program told fox this year that the interrogation provided valuable intelligence. >> it led to the destruction of other plans, the capture of other detainees. even the take down of osama bin laden. >> reporter: rizzo said that committee democrats seem agenda driven because none of the key

players were interviewed. >> george tenent said that oversight committee leadership was briefed in 2002, and i can recall no objects raised. the report was finished last summer by negotiation intensified over redaction and whether proposal to use pseudonyms would reveal identity of cia officers who are still covert. >> current cia director john brennan threatened to resign if the redaction issue ar was not resulted. lou: thank you. thank yocatherine herridge. >> house appropriation committee expected to release a massive building bill to avoid a government shut down this week, the package would keepalest on entire government running through september of next year.

but for department of homeland security. which is expected to be only funded through february. that is done because next year a new republican controlled senate will take over, and more power to petitioerto push back to thes executive amnesty. >> what we do know it will allow president to move money around and fund his exe executive amesy program, i hope that house will put real language in the bill that will control it. some say it cannot be done but it was done on guantanamo bay for years now. lou: good news for those who oppose amnesty, 20 states that used obama administration over president's actions will have their case heard boy judge andrew hainan, calling the policies dangerous and

unconscionable. and obama administration in fact released 31,000 foreign criminals in to the united states, this year. we're coming right back. >> hostage rescue goes wrong in yemen, and moral continues to decline in our military, fox news military analyst, major news military analyst, major general bob scales on these you can't breathe through your nose, suddenly, you're a mouth breather. a mouth breather! well, put on a breathe right strip and shut your mouth. cold medicines open your nose over time, but add a breathe right strip and pow, it opens your nose up to 38% more. so you can breathe and do the one thing you want to do, sleep. add breathe right to your cold medicine shut your mouth and sleep right. breathe right.

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lou: the military times reporting our troops are facing difficult challenges and moral is in a stunning decline. just pick% -- 56% of our troops are rating quality of life as good or excellent down from 91% in 2009, feeling under paid, under equipped and under appreciated. joining us now, fox news military analyst, robert scales, i don't know if i have seen anything coming close to that in 5 year period. not even during the vietnam era. >> i have been making's tour around several military

installations, i hear the same thing. this war is different from wars of the to your point vietnam weaker had one tour, it was a -- we had one tour it was a traumatic experience, these guys have gone 5 or 7 times to some of the most inhospitable places s on earth, they come back with physical injuries but more often emorkal, they are -- emotional, they are plopped back, into seeing very competent men and women getting pink slips, and by the way they just found out that congress wants to dock their pay, and charge them for living in military quarters. lou: two other elements, they pull the out of iraq three years ago without winning. and out of afghanistan losing. in point of fact. without a poppy feel burned to the ground -- poppy field burned

to the ground, how many longer can american people tolerate leaders who put our troops into missions that can't succeed, in the national interest because in point of fact, we limit the troops that we put in to these impossible missions. >> like a trip -- trade mill, treadmil, a talked with a man over last couple of days who walked through city by city, river by river, garrison by garrison he occupied or limb rated or fought for -- liberateed or fought for, and or lost soldiers in, isis has taken over, it has burned into his memory, okay, he is a professional, he will do what the government will tell him, but, looking at these soldiers who lose a limb or a comrade, and sit down in states and wait

for it to happen again, you can understand why moral is on the ropes. lou: then an idiot, who wrote a treaty in news1y in 1992 with bs flying over our country, what kind of madness is that nonsense? >> well, i have skin in this game, in early 90s i hosted russians and a particular military install laying tation k the tires. guilty as charged. i understand what you are saying, but, the biggest issue between us and the russians is trust, and most dangerous part of russia remains nuclear weapons, i am am b.f ambivalenth this, if russians are at least allowed to see u.s. military and honest and sincere with nuclear

weapons i think that is okay, my problem with issue in my day, these guys, once they hit this particular installations spend most of their time drinking. lou: it may be a complaint from your history. general, good to have you with us. >> thank you, lou. lou: general bob stales. >> time for a look at on-line poll results, do you believe republican leader behind closed-doors is working diligently in support of amnesty? 52% of you said yes, vote tonight, would you rather have a president who can inspire all americans rather than tear down and divide our nation? tell us what you think. >> and republicans picking up a 9 senate seat, bill cat dee out cassidy ousting landrieu in the run off

saturday. >> mark that people in louisiana put behind that which the rest of america said on november 4, we don't like the direct that president obama has taken our country, we wish to go in a different direct. i am i believe langs to represent these find folks in louisiana as we have placed that mark. lou: indeed, there are now no democratic senators or governors in deep south of this country, republicans control every state capital as well. up next, attorney general hold holder, calling us a nation of coward when it comes to race in 2009, a criticism that should be aimed at the white house instead, that is my commentary, it is next.

lou: coming up tonight, attorney general eric holder announces what he calls, new racial profiling guidelines, we'll pound out wher why they are not,

binding or racial. >> my commentary now on president's shameless effort to make the eric garner case about case. and blame garner -- and obama right-hand man reverend al sharpton, and mayor de blasio working just as hard, to push race as the motivates force in garner's death. but the president and the left wing activists who are trying to alittle bit garner's death va run into a major problem. garner family say he wasn't killeed because of race imof ray kind. >> i feel he was murdered unjustly, like, i don't feel like it is a black and white thing, honestly, in my opinion, i really don't feel like that. >> garner's daughter last week came to the same conclusion. saying race is not the issue.

>> being that my father was black and the officers was white, this is different races but as far as the situation, i can't say really a block and white issue. >> it was -- a black and white issue it was about the officer's pride, about my father 6-4, and 350 pounds, he wanted to be you know, the top cop that brings this big man down. lou: in a interview tonight with black entertainment television, president obama not only maintains that race motivated that kills of garner, but expanding his view of racism as pers ipervasive in our society. >> this isn't going to be solved overnight, this is something that is deeply rooted in our society and history, but the two things that are going to allow to us solve it, number one, is understanding that we have made progress. and so, it is as painful as they

are, we can't equate what is happening now with what was happening 50 years ago, second thing is, we have to be persistent, because progress is in steps. lou: mr. obama, on occasion can be outrage usually contra dec tree, and self righteous council this time to our youth. to equate now to a half century earlier then doing so calling for persistence. at what task he does not say, and talking likely thinks there is a latter day martin luther king, almost 6 years ago attorney general holder accused american z of being as he put it cowards, when it comes to race. but who are the cowards when this administration tries to hide behind race to slow. to blunt or avoid criticism of their failed policies, and

judgments. >> attorney general saying there was as he put it some months ago racial an mouse in those opposeing obama's policy, for obama talked his way to job his holds, declaring there is not a liberal america, and a conservative america, there is the united state of of america. and americans bought his perceived call for unity, but a detective aid later, there is no evidence of his grand view in practice in action. instead. his divisive, skpeupb spireing as he talks about illegal immigration, amnesty and univision and to like minded be interists, and about deeply rooted racism, not an a national speech to all americans but to the largely black audience of b.e.t. and he has instead worse ern worsen ris

race relations, a poll finds 53% of morning find race relations have worsened under president obama compared to 36% who said they would say about the same, and 9% who say i say they have n better under this president. >> mr. obama has chosen his path, it is regressive not progressive. a path that deverges from this country's and puts president on the wrong side of america's history. but he will not be first president that we have had to overcome as a nation,ing in we will be doing so again. now quotation of the evening from lengthtary news reporter peabody award winner elmer davis, who said, this republic was not established by cowards, and cowards will not preserve it we're coming right back. >> britain's future king pays a visit to america's imperial president, and the liberals

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all: yeah, flo, give it a rest. 58 seconds on the clock, what am i thinking about? foreign markets. asian debt that recognizes the shift in the global economy. you know, the kind that capitalizes on diversity across the credit spectrum and gets exposure to frontier and emerging markets. if you convert 4-quarter p/e of the s&p 500, its yield is doing a lot better... if you've had to become your own investment expert, maybe it's time for bny mellon, a different kind of wealth manager ...and black swans are unpredictable. lou: that sacred spending bill this republicans are conjureing up is still a secon secret. and joining us now the a team. fox news contributor michael

goodwin. leslie sanchez. why are republican leaders insisting they keep all this secret leading up to the big revelation? >> no, you know, lou, i think that american americans agree it is indefensdefensible this is ne way that progress should be, i can understand boehner trying to keep the train moving on next congress. but still overall this process about 10 to 15 years have been ramming the spending bill. this isa dead of night. lou: a crom ni bus, to you on this issue. michael. president tonight against more

statements out of his interview with b.e.t., attorney general, new racial profiling, guidelines, he promised in that grandios setting of the church, it turns out they have nothing to do with race, no one can figure out what he is talking about. >> the real profiling pro ib prohibitions already exist. linlining up the topics you are covering erase, and cia report, have you is race cia respect, he you democrats going against the security of america. accusing police wholesale of racism then with cia, we were in a war, as george 10 e 10 10 e 1t

said, they all knew about it, said nothing about it, now the war is over, they don't feel responsible now they are against it. >> there something deeply wrong with this party. but, also with the demonstrators who are not acknowledgeing that new york's finest has handled them with great skill and professionalism, an outstanding job in new york police, not a word, other cities in the country for that matter. >> lou, i didn't hear last part, i wil say, you done talk about y in minority communities, they are safer now because of the outstanding job, that is a story that never gets reported it is equally across the board that citizens feel protected and law enforcement for most part is doing a good job.

lou: i would say, a great job. not good but great. >> there are some of us who report this repeatedly. the mai mainstream media does nf we judge america by what mainstream media says we have all gone to hell in a hand basket 50 years ago. lou: hillary clinton is upping ththe ante, she's to us feel -- she wants you to feel sympathy for our enemies. >> she will beg, borrow and steal anyway, because she realized if she loses the black vote or obama support she is toast, she has no base in america. lou: leslie? >> i think it is consistent that hillary clinton is a poor candidate. poor choice of words this is these are types of gaffes that she makes, when she did release

of her book, and talked about growing up poor. these misguided inappropriate comments that don't really align with reality. we should encourage her to run. lou: last word? >> i think there and i book writ on the gaffes -- britain on the brit writ an brad pitt en on the -- book written on the gaffes. i mean, not bad for a couple of weeks work. lou: thank you so much. >> appreciate it. >> saturday night live taking a shot at al sharpton his coverage of eric garner case. >> world agrees that grand jury's decision was dubai.

excuse me, dubious. this is crazy. >> yeah it is. >> what does a man have to do to be pout trial? >> i know but the issue. >> how you gonna get the whole thing. then turn around, and say there is no crime. >> i have no idea. >> this is not -- this is a he did it. >> you are right, you are more than right. >> thank you, lord, thank you for clearing this up for us. >> thank you, al, and good luck to you and your protest friends going out there stopping traf nickic in the city, seems like the best way to get people on your side. >> hay, it's our pleasure. >> columbia law school is allowing student quote impaired due t to immogul t to immogul i. the grand jury decisions to postpone their final exams. no comment.

up next, a new democratic report on cia interrogation tactics has divided white house, state department, and senate democrats, as president releases more guantanamo bay detainees. next.

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lou: 6 guantanamo bay detainees released to uruguay over the weekend, joining us. fox news crist or, jillian turner. these detainees, what is the united states, what is the president getting in exchange for 6 detainees who at least a third of expected to return to the fight? >> that is a great question. in response, i can only say it is evident we're not getting a lot. we're also all likelihood probably gearing up to exchange a significant amount of money with uruguayians, to me, the most error some fact -- worrisome fact, is the reports that secretary hagel had a request from the white house to release these detainees to uruguay for up to 10 months, it

begs the question, why was he uneasy about this? because of bureaucratic reasons or because that releasing them constituted a threat to our national security. lou: and the betting money on the latter, as you know. turning to this report, this coming out of this by senate democrats on a interrogation, under the bush administration, through out on bush administration. 5 years old, what is -- is this pure politics? is there any national security purpose suffered by it. >> the question of politics is an interesting one because, as far as i can see, republicans and democrats are coming out on the same side of this issue. which is their voice concern. chairman of homeland security -- homeland intelligence committee is concerned, secretary hague sell concerned, and -- hagel is concerned, and intelligence and military are concerned, that is

why we're seeing our embassies and combatant commands abroad or higher alert. lou: and just about everyone from the executive branch, as you say, violence will be the result, likely death, how can feinstein go ahead with this democratic document that assails our intelligence community in particular at a time am war. >> violence is one of the short-term threats. there are very really real dangerous longer term threats, most among these our cia analysts, and operatives who implicateed hire are going to be -- here going to feel tried, and judged without actually being there in the future, will be

reluctance to go ahead and do what they need to do to protect the homeland, and american people. another really important potential consequence is our allies, countrys that have coordinated with us, previously in the war on terror, and now, in the antiisis coalition, you know, who based their actions on a certain degree of confidentiality with u.s., might also feel, you know, inhibited in the future, not willing to cooperate with us. lou: would you say this is san example of -- is an example of hillary clinton and her idea about. theseing with the en -- emthat theseing with enemy about that was an odd comment. i think that part of danger in an issue like this, is that politicizeing it, really gets -- bobscureed national challenges that we face that our

intelligence community faces, i think that everyone on both sides needs to make an effort to step back from that. >> you are talking about democrats? >> on both sides, i think. >> democrats are pushing it. >> i mean, but democrats that are releasing the report. but i think that you know, a lot of people within the party are very upset at this move. >> jillian, thank you. >> thank you. lou: up next, attorney general holder looks to ban racial profiling. despite the fact that president bush did that more than a decade ago. what in the world is going on in this administration? we take it up here next.

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that's why we give you the edge, with innovative charting and trading features, plus powerful mobile apps so you're always connected, wherever you are. because at scottrade, our passion is to power yours. lou: i can't wait to get the judge's ruling on much of what is going on today, judge napolitano joining me now, what is attorney general thinking? >> he made is worse, racial profiling has been unlawful for about last 50 years. president bush and his attorneys general outlawed it specifically but today eric holder did the

unthinkable, he condemned what is already unlawful, claiming he was making unlawful what is already unlawful but carveed out two exceptions, so if racial profiling which is not a police officer saying, okay witness said that perpetrate or was black we'll look for black people that is not racial profiling, it is a hunch on part of cops more than likely the defendant was black. we'll interrogate all of the black folks but eric holder said that is okay for tsa, which deals with mores have citizens than any morass peck of law enforcement. and the border patrol, if it is that bad, why do you allow over 100,000 federal cops, tsa and boarder patrol to use it? >> it does not even extend to state, county and local jurisdiction. >> no he does not have jurisdiction at this moment in time. >> so he stands in ebenezer

baptist church makeing that grandios statement. >> they have a serious racial divide on their hands, polls show so many americans thought a bye bi racial president would diminish racial animosity, the latest polls showing whites and blacks overwhelming numbers, 53% it has gotten worse since barack obama entered the white house. lou: how can this president, i cannot understand how he can sleep at night, i can't understand how any president, could be satisfied with his performance if this has been the result of 5 1/2 years in office. >> i think that your querrey is shared by a lot of people, i am not a shrink but he seems

indifferent to the way he is persevereed even by his own base. that per per perception is one f income/10, he is out -- incompetence, he is out there somewhere but not pulling the strings of government to make life better. better. better. >> the macy mansion -- >> another cooperation by local government with lawless ness on part of feds, president saying to 5 million unlawful foreign nationals, do these 5 things and i will not deport you, where did they come from? he made them up? they are not from the statute, people are entitle to know that

president will enforce the law not as congress as inacted it but has he is willing it to be. lou: we have a congress that run into an impasse in its judgment of its capability and imagination to act. and the. >> you dish skwraer, supreme court isupreme court doingnothi. >> they are almost come bliss it in allows president to do what he wants from declaring his own war of libya. that ended up with date of our own ambassador to now this, facade, this share add about we're condemn racial profiling but only whether we can condemn it it is like they don't know what they are doing. lou: the part is that president playing politics with race. he is exploiting it, and without seeming as you point out, regard for the country's mineoritys,

people who deserve so much beter from any president, let alone this president. lou: you know one of your prior guests i think michael goodwin, was saying that hillary clinton really needs barack obama's base. but he is making it very difficult for her to embrace them. his behavior is so irrational. lou: and just look at turn out in midterm elections, it was atrocious. as we look at obama administration. trying to eploit race. are there any constraints, any standing we have 20 states suing, on the issues on amnesty, economyive order -- executive order and conduct issues on part of this administration. who has as you folks of law say, standing here besides the american people who are being brutalizeed. >> a governor-elect greg abbott of texas, attorney general of texas eued federal government

more than any other sitting staerpb. lou: he has been more successful. >> he as won a couple times. lou: he has the best record of any attorney general, he has won more cases than he lost. lost. >> his argument is by president saying to 5 million unlawful foreign nationals, here is how you can stay here, he has compelled states to spend their money in ways that they did not choose to do so, that is an interference with state sovereignty that argument has been successful in the past. >> all right. >> i don't know where it will go but they might get a federal judge to allow it to be litigateed they might get a result before brack leaves was obarack obamaleaves office, thee this ends january 2017. lou: justice is so quick, thank you so much. >> my pleasure. lou: judge andrew napolitano, time for a few of your comments.

chris wrote,e individual accountability does not seem to be popular in washington d.c. these days. >> again, sign me up for total agreement. we love hearing from you e-mail me at loudobbs.com, follow us on twitter at new dobbs news, facebook page. well now rap we've seen pictures and video of nfl and nba at leases taking a stand, sewing their solidarity with demonstrators