innovators bring news 2015. good to live in america. that is "stossel"'s show tonight. he will be back this time next week. lou: good evening. the democratic party is divided over leadership's choice to proceed with the partisan document that you would expect from the dnc. senator dianne feinstein, the head of the senate intelligence committee put out a report without the input of a single republican or cia and leader publishing the highly, highly biased report on the cia enhanced interrogation program that ended eight years ago. senator dianne feinstein admitted on the senate floor that her actions could spur violence against americans and american interests abroad and at

home. >> there are those who will seize upon the report and say see what the americans did? and try to use it to justify evil actions and incite more violence, we can't prevent that. history will judge us commit to a just society governed by law and the willingness to face an ugly truth and say never again. lou: no question history will judge whether favorably is of course a major question. reports out of the white house contradictory, john kerry call dianne feinstein last friday at trying to delay her release of the partisan report. the department of justice issuing a statement claiming they never had evidence to charge anyone involved in the program. white house hailed the report claiming enhance interrogation

techniques, broader counterterrorism efforts, the president's hand-picked cia director john brennan disagreed. claiming intelligence and added to the interrogation were, quote, critical to preventing terrorist attacks. senator dianne feinstein defending her release about purely partisan democratic report on the cia interrogation program claiming it never produced credible intelligence to fight the war on terror. former cia director michael hayden disagrees. he says the information uncovered the identity of a usama bin laden's courier and eventually led to the raid that killed him. >> the information we got from detainees including the detainees who had undergone intense interrogation contributed to the wealth of knowledge that we needed to have in order to find the weighty's true identity. lou: joining us, spocks new

strategic analyst colonel robert peters, great to have you here. it is pretty clear, the interrogation techniques which haven't been used for eight years, senator dianne feinstein be trade the cia as a rogue operation. your reaction? >> senator dianne feinstein knows very well that she is being not just disingenuous but dishonest. of course you don't water board someone and have him say usama bin laden will be standing on a corner of winslow, ariz. tomorrow at 6:53 p.m.. it is not like that. that is not our intelligence works. it works by you get connections. invest mosaic as its vast puzzle together and good instincts as well, sometimes in tuition and it can be a process that has with usama bin laden takes years. i can promise from my friends within the system information we

got from those enhanced interrogation techniques absolutely were critical to stopping terrorist attacks and getting usama bin laden period. lou: i would be terribly disappointed if friends in the intelligence community, dianne feinstein's or anyone was telling us which intelligence was important, which terrorism detainee was important. i would rather that remain a matter of covert, covert possession. the idea of moving the clandestine service into a squalid partisan project like this cia report from the intelligence committee is horrendous. >> the very democrats who signed off on the release of that report of the ones crying intelligence failure when the next attack happens. dianne feinstein when she said history will judge us was correct.

they will judge us as idiots. we are faced by an enemy that will do anything to defeat and destroy us, if they could push a button and kill every man, woman and child in the united states including muslim americans they would push that button and we are worried about our strategic table manners. i am sorry but i am all for anything, anything we can do to stop terrorists, to destroy terrorism, to kill terrorists. dianne feinstein today among the many dreadful things the services gee did to this country, if you listen to what she said she portrayed zubaiyda, a monstrous terrorist as a hero to the jihadis. urges a corruption of what he underwent will be played throughout the jihadis community. he is now a hero. thank you, the litany goes on and on but the bottom line is this is a report written exclusively by democratic staffers without interviewing a

single action officer, intelligence analyst for senior official at the cia, released because they know the clock is ticking for republican congress is coming in and i believe senator feinstein is trying to rewrite history, to secure her legacy. she knew all of this and now she is saying she didn't really know. lou: i think the senator's legacy is now assured. the fbi warning state and local law enforcement the release of the cia and interrogation report by senator dianne feinstein and the senate democrats could spur violence and be exploited by terrorist groups for recruitment. joining us tonight former pentagon official fox news national security analyst k. t. mcfarland. this report you say is completely political. with that i can't imagine why she would be motivated on political grounds to release a report that republicans didn't participate in. >> something about a situation that happened years ago. we are not doing this stuff

anymore. why release it publicly? the fbi director saying america, watch out because we expect navy attacks and recruitment at home as a result of this report. the secretary of defense has put u.s. forces on heightened alert status around the world. the secretary of state sen all-american embassies around the world be careful, you might have something coming. why are we doing this to i guess blame bush one more time before the democrats go out of the senate? this could have a long-term effect, not just is something that happens now but the intelligence agency looks at this and says we won't share our intelligence with america and we don't know if we will see it on the front page of a newspaper in public report to congress. the c i a intelligence officials, anybody in the intelligence, they acted in good faith, they are going after is

them. maybe we ought to go on the defensive position. you never know when good actions eight ten years later. >> sometimes does not work because the intelligence committee knows the folks that they are knows with certainty who will be making was. who is going to put their political interests ahead of national interests. is that what dianne feinstein did here? >> looks like it. they want to investigate, they fought jerry sponge ability -- they do it in private. don't do it in public because the first rule of foreign policy should be first do no harm. what we doing by this? endangering americans at home and abroad, putting out intelligence community in danger and we are frankly a generation of intelligence communities. we did this in the late 1970s.

when senator frank church ran for president, and air cia and dirty laundry, he did not run for president but as a result of what he did, for generation, we have for our ability to collect human intelligence. lou: he got it, clandestine forces as a result, interviews of money. is there a political coincidence here? if at this report was released by dianne feinstein today that there was a public release of a difference of view between the white house and the couple cabinet members and the cia director about its released just as jonathan gruber was be trained the left by showing the fact that it was the fraud. obamacare was a fraud on the american people. >> that is an amazing coincidence that all of a sudden what we doing? don't look over it there, make

sure you focus on these things that happened years ago. you know why it happened? they had to give the mainstream media something to talk about today. lou: something to chew on for a day or two. thanks very much. some good news for those who oppose amnesty, 20 states this is the obama administration open to the president's actions will have their case heard by judge andrew hanan, a george bush appointee on record calling the president's not deportation policies quote makes dangerous and unconscionable. according to new government reports the obama administration in fact released nearly 31,000 foreign criminals into the united states this year. we are coming right back. >> almost two years since the benghazi terrorist attack that left four americans dead, the co-author of the new book 13 hours, he was on the annex security team and tells us what

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lou: a explosive new b lou: an explosive new book report how four americans who died in the bengali terrorist attack would still be alive

today and private security contractors not been told to stand down the night of the attack. my next guest, one of those team members on the ground that incredible night. joining us now is the co-author of 13 hours, the inside account of what really happened in benghazi. it is en incredible book. we recommend it to you. is an honor to have you here. >> an honor to be here. lou: what happened in that moment in which you and your colleagues, your comrades wanted to get through the consulate compound and you were told to stand down by the station chief? >> the guys were all ready to go, they were plucked in the vehicles and at the station chief, we are ready to go, let's

go, he said wait. back and forth on the phone. and witty to go, following five or ten minutes later, teague came up, we are losing the initiative, we need to get going, we need to get our eyes on what is happening out there. he was told to stand down. lou: we are talking about but team of six men to take on all of the terrorists who were swamping the compound. totally under fire. was a blaze at that point. you have radio traffic, in quick order of dying.

any explanation to why the station chief did not want you to go to that point? >> no he didn't. he didn't talk to those guys, he didn't say why he wanted to hold up, we can only assume what the assumptions could be. lou: you have done a great service for the american people. to bring the description that you do. it is an incredible book. so powerful. in its recounting of the details, your emotions, you feel like you are there. when i say recommend the book i do so unreservedly. what are your thoughts now as we approach that anniversary? you lost three of your comrades.

the team made it. where are you as you watch the politics of this, the continued refusal to tell the american people exactly from their government what happened? >> that is why we wrote the book, to tell the story about before, and hashed over what should have been done, who should have done what, what happened with talking points ghana for a million times. the story that was never told was what happened on the ground, 13 hours from when we got the call to when i walked onto the plane we had been beaten up. 13 hours are about the lives of several americans and what happened during that. six americans helped save five guys from the conflict, get them back to the annex and save 25 people at the annex. had we not been there and had we

not done there's a possibility that would have been a lot more loss of life. lou: to give some idea of what mark went through individual the. how many did you have? >> more than a dozen. kind of lost count. one more left at least. >> you look great and we are awfully proud and happy you are with us. thanks for all you did and do. the book is 13 hours:the inside account of what really happened in benghazi. it is on sale online at bookstores everywhere. buy the book and learn the truth. up next here, so full of republican and democratic 2016 presidential candidates starting to enlarge and take shape. >> i am thinking of running for president and i will make up my mind in short order. lou: not exactly a lot of excitement there.

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lou: attorney general eric holder and announcing new racial profiling guidelines. we will lay out why they are neither new nor binding or racial. that is coming up to night. a few thoughts on leadership tonight. republican style as house speaker john boehner has found his voice and his way, senator mitch mcconnell is about to take over as leader of the senate, the air waves are being filled with static and the noises of raw political and addition, some emanating from jeb bush who made his saying shockingly, don't you think, that he is now thinking about running for president, as if we didn't already knows that. >> i don't know if i would be a good candidate or a bad one. i kind of know how republicans can win, whether it's me or somebody else. lou: i hope he shares it. jeb bush knows how to republican win, it would be mighty big of him to have given mitt romney a boost two years ago. there is no doubt the republican

establishment has moved to jab in a hurry. 73% of ceos supporting him to be the republican nominee according to a survey of corporate leaders at the wall street journal ceo council meeting but in on major national polls net romney leads all potential candidates for the republican nomination. that should give everybody something to think about. senator rand paul announced he would run for reelection in the senate, he certainly isn't willing to rule out a bid for the presidency quite yet. mike huckabee, dr. ben carson, not ruling anything out either. both have support and admirers so we will see. each of them will likely be looking for their share of national media focus, each looking to be the leader of the party so who will be the leading voice of the republicans come january? john boehner and mitch mcconnell will lead the republicans without doubt on capitol hill and contesting with those 2016

hopefuls from media attention and for the first-time since 2007 republicans will be in charge of both the house and the senate and who will emerge as the leader of the party? john boehner and mcconnell working together now already and serving notice on the president and the democrats and those gop hopefuls that they are going to be full partners in public policy. >> i said before thanksgiving republicans would fight his unilateral actions and we are looking at a variety of actions right now and when the republicans control both houses of congress, this is a serious breach of our constitution, a serious threat to our system of government. >> the president got crushed in this election so i have been perplexed by the reaction since the election, the sort of in your face dramatic move to the

left. i don't know what we can expect in terms of reaching bipartisan agreement. >> we got a hint, don't we? john boehner and mitch mcconnell's voices are somehow fresher than they have been and fresher than those of the gop hopefuls at least for now. and when controlling two thirds of the government and a month's time those voices will soon be even stronger. want to go to a quotation, quotation of the evening if i may, from humorous and one of the world's first motion picture stars, will rogers on presidential candidates. he said the best thing about this group of candidates is that only one of them can win. hallelujah. up next, china, russia, iran, north korea's suspected in hacking investigations ranging from the federal government airlines to sony pictures, that they acknowledge their powerless in the face of a threat at least

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>> sony struggling to reco lou: sony struggling to recover from a cyberattack in which several of its unreleased films, personal information of thousands of employees including their pay, and conventional documents were accessed. for more on the latest cyberattack i'm joined by the ceo of the mccallum group and

cybersecurity firm main narrative. good to have you with us. president obama talking at the business roundtable casually mentioned cybersecurity as a shared concern with big business. i did not see a representative from sony but when they are losing entire movies and that kind of attack is taking place we are in real trouble, are we not? >> yes, sir. sony has been hacked at least twice before in the last three years so they need to take a this, large retailers and small and midsize businesses need to take this very seriously. look at the lessons being learned and implement the processes that are necessary to ensure they have the right cybersecurity procedures in place. charles: lou: your analysts have looked at sony, the way it appears that it was carried out. what are your conclusions? what are your thoughts on the nature of the attack, the sophistication and the

capability of those engineering the attack? >> from what we have read, the attack appears, it is not as complex as we thought. my guys were impressed with the reports that are out in there on this attack. what appears to happen is somebody hadn't level access to sony and systems. that is the keys to the kingdom. they can do what they want but the tools that were used to expel trade the data and free ride the boot drive on the hard drives were commercially available tools that were injected into the system annualized. lou: they are commonly available tools. >> you can get the ball over the dark net. they are not complex tools that we used to execute these attacks. lou: we heard michael rogers, head of the nsa saying there is more than one country with a

capacity to devastate our infrastructure assistance. is there any movement in this country with a government organizations to create networkable defense against the level of hacking we're watching business and government indoor? >> these attacks have severe implications not only for the u.s. economy but for the world. i want to hearken back to the days, remember in the 60s, in the 50s we looked at the thermonuclear threat against countries, we had government plans coordinated with communities, they were rehearsed, we had bomb shelters, food storage, water storage as a community as a country we were prepared for this threat. if this threat which is as imminent as the nsa directors and public officials, we need to be better prepared. and i am a part of a couple of

exchanges, but we talk, there needs to be doing, that is not what we're seeing now. lou: doing in washington d.c. appears, there was never a cover thing to carry out. thanks for being with us. the founder of maine, good to have you with a slotted by hollywood celebrities, billionaire investors and awful heads of state, tony robins, a legendary career, inspiring people to act and now he wants to make them a little money as

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radio network. a new book uncovers the secrets to financial lou: a new book uncovers the secrets to financial independence, success, prosperity and a lot more. joining us is best selling author tony robbins, his new book is entitled, here it is, money, mastering the game. good to have the year. is an impressive list of folks lose our you couldn't get anybody to endorse the book. just a few. carl icahn. he is committed to making life better for every investor. he says tony's power is super human, he is a catalyst for

getting people to change. even bill clinton says he has the gift to inspire. why do some people require inspiration, others are self starters, have you divined that in all the years you have been working to inspire? >> i don't just inspire, i am a straddle this, a few use a strategy, most people come to me because they are hungry already. the top players are looking, hungry never goes away which makes them the best corps people have a tough time and that tough time kicks into gear. they have a challenge in their business, go through divorce so they want to submit >> reporter: their life and looking for tools to the out record to make it happen. lou: a lot of tools, a lot of folks i happen to know who have done pretty well for themselves, t. boone pickens, carl icahn, the list goes on. those are pretty fancy folks to learn something from about investing.

you had to know a lot about investing and creating wealth and success yourself. who surprised you the most among that list of luminaries? >> most people don't know. lou: i.t. dear you to answer that. >> the top ten financial traders, had the privilege of that during the tech crash during 9/11, 2008, he has not lost money in 21 years so to work with him and sees that. if i could interview 50 of the most influential people on earth to were nobel laureates and simplified that i could help the average investor but to answer your question carl icahn was surprising to me because carl, i came to his office and schedule 45 interview and they go three hours and carl says nobody, however i suppose to do this? you have ten minutes. three hours later he is helping

it up and is so generous but most people realize he did a measurement of his performance. warren buffett, since 1968, 30% year if you have been with him since that time. he has a 1600% return in the last 13 years. the day he wrote that piece on appleby was undervalued and went to $17 billion in two hours. lis wiehl amazing man and as the saying goes, a helluva choice. also just a hoot. smart as he can beat and we recommend the book highly. tony robbins, money. master the game. it is on sale everywhere. good to have you with us. best wishes for the book. don't forget reporter cheryl atkinson has a fascinating book about her experiences and

attempts at styling by the liberal mainstream media, the length that full white house has been willing to go to keep her silenced. herbal is called stonewall, my fight for the truth against the forces of obstruction, intimidation and harassment in obama's washington. thanks for being with us. congratulations. incredible. you want to believe there is an enemy's list tells by this administration. >> i wouldn't call it but i wouldn't quibble with you if that is what you want to call it the number of journalists and readers inside the government is speak to journalists have been singled out and identified by the administration for various things including in my case constantly calling at cbs news, working swift bloggers and social media to discredit, trying to stop stories and spin them and so on. lou: it is cleared the

administration went to extraordinary lengths to stop leaks surveil reporters and doing so if you will under false colors going to judges in the instance of the justice department enacted, and serve a link journalists. i never heard of such a thing since the nixon administration. >> it has taken time but you have a consensus among journalists, the washington post, usa today, washington correspondents and photographers, they all objected in writing and verbally in different fashions to the practices of this administration in particular. all the ones i, i had issues in trying to get information out of them. this one stood out for its exceptional behavior. lou: many of those journalists expressing the view that this is the most dangerous administration for those of us who work under the first

amendment in this country. fighting against the public's right to know, and the congressional responsibility for oversight in investigating scandal after scandal. it is spending the lack of public outrage at what has transpired. >> we have ourselves to blame meaning the media. we have allowed what i call in the book mojo to be cooled from us. we have given it up without some much as a winter. we recognized this has been happening. it is hard to russell back once you give up the rights you have to get information that covers certain things. lou: you have been hacked. do you have a strong sense as to who it is to hack your computer's? >> i do. i have sources that gave me a name i won't use because it is a cuban source but foreign 6 reports that we've done, three separate ones have been done, highly sophisticated techniques use, more than just the act. it was long-term surveillance of

every move i could make, using state to activate audio to see what i'm is doing, following every keystroke and accessing my passwords, very extensive including mine laptop computer and apple computer which is used by my family members and two of the analyses which went the deepest found forensic evidence of government type software involvement. lou: the reaction of your employer at the time cbs news, how did they respond? what did they do? >> they hired of foreign 6 teen to confirm because my first force could not go public. when they hired their expert he confirmed the remote intrusion and i would say just to me, was a lack of outrage i expected. i really thought they would be more upset their systems had been accessed, my systems at home had been access. i thought there would be better follow-up to protect sources, other correspondence to see what happened.

if they did any of that sort of thing i was not privy to it. it was a little bit alone after they confirmed the intrusion which is why i hired my own team to continue this investigation. lou: is clear from your book that you do not believe that cbs news had fire in their corporate news bellies from the story. and appetite, drive to get to the truth. how did you deal with that? >> it was very tough and sometimes they did. they assigned the benghazi story or healthcare.gov. was difficult to dig into a story and receive a lot of praise for and when you feel you were making inroads into the secretive information and getting somewhere, the lights would be turned off. i never privy to why that happens. suddenly the appetite is less, you're treated almost as if you are a troublemaker for continuing to follow the story and it is very discouraging especially -- i am not the only

reporter this happened to but especially when you have forces that come forward and one to put themselves out on a limb only to go back and say nobody cares about your story after all. lou: we all care a great deal about your story. it is a critically important story. the book is stonewalls, on sale now online, bookstores everywhere. we recommend it to you. cheryl atkinson, great to have you. all the best. up next, attorney general eric holder looks to ban racial profiling despite the fact president bush did just 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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lou: i can't wait to get the judge's ruling on what is going on today. judicial analyst judge andrew napolitano joining me now. great to have you here. what in the world is the attorney general thinking? end racial profiling and comes up with guidelines on everything but racial profiling. judge napolitano: he made it worse. racial profiling has been unlawful for the past 50 years since the federal government began enacting civil rights legislation that prohibits it. president bush and his attorneys general specifically outlawed it

but today eric holder did the unthinkable. he condemned what is already unlawful. he claimed he was making unlawful what was already unlawful but he carved out two exceptions. if racial profiling which is not a police officer say no k, the witness said the perpetrator was black, therefore -- that is not racial profiling. racial profiling is a hunch on the part of the cops, it is more likely than not, we will interrogate all these black folks. but eric holder said that is okay for the t s a which deals with more citizens than any other aspect of law enforcement and the border patrol. if it is that bad why are you allowing the one hundred thousand federal cops and border patrol to use it? charles: lou: it doesn't extend to state county? >> he does not have jurisdiction

at this moment in time. lou: he stands in ebenezer baptist church and make that grandiose statements, it is utter nonsense. lou: they really have a serious racial divide on their hands. they show so many americans have bought by racial president would diminish racial animosity, the latest polls showing white and black, overwhelming numbers. look at that. 53%. it has gotten worse since barack obama entered the white house. lou: i don't understand how he can sleep at night. i can't imagine how any president irrespective of his race, ethnicity, religion, could possibly, possibly be satisfied with his performance if this is the result of five years in

office. judge napolitano: i think it is shared by a lot of people. he seems curiously indifferent to the way he is perceived even by his own base. and he is out there somewhere, but not pulling levers of government to make it better. lou: agrees dimensions summit in new york city, mayor bill deblasio, coming and on how to the way to implement the president's executive fiat on amnesty. lou: and other cooperation by local government was lawlessness on the part of the fed. the president is saying to 5 million unlawful for nationals, i won't deport you, where do they come from? he made them up. they are not from the statutes. that is called regrading the statute and refusing to enforce

the law. the president will enforce the law as congress enacted it, not as he wishes it to be. lou: he has obligation to enforce law. there is no government willing to make him enforce the law. we have a congress that is absolutely run into an impasse in the judgment of its capability and its imagination to act and the judiciary, the supreme court is doing nothing here. lou: they are almost complete this in allowing the president to doing once. clearing his own war on libya, and end up with our an ambassador to this, to the facade, sure rate to condemn racial profiling but only when we condemn it. lou: the thing is the president is playing politics with race, exploiting it and without seeming as you point out.

the country's minorities as people who deserve so much better from any president along this president. "imus in the morning" judge napolitano: one of your prior guests was saying hillary clinton really needs barack obama's based but he is making it difficult for her to embrace them because his behavior is so irrational. lou: all we have to do is look at the turnout of midterm elections, absolutely atrocious. as we look at the obama administration, trying to exploit race here are there any constraints? any standing? we have 20 states suing on these issues on amnesty as executive order, we have conduct issues, who has as you folks like to say, standing here besides the american people being brutalized. >> governor elected greg abbott,

the attorney general of texas sued the federal government more than any other sitting attorney general. lou: he has the best record of any attorney general, he has won more cases than he lost. lou: his argument is by the president saying to 5 million unlawful for nationals here is how you can stay here. compelled the state to spend their money in ways they didn't choose to do so and that is an interference with state sovereignty. that argument has been successful in the past. i don't know where it will go but with the luck of the draw a federal judge may allow it to be litigated and might just get a result before barack obama leaves office. once they embrace the nonsense he is doing is it ends on january 20, 2017. lou: justice in this country is so quick. good work to all you lawyers, thanks so much.

a pleasure as always. judge andrew napolitano. time for a few of your comments. of the show tweeted as to say can we agree a compromise on immigration is not president obama getting everything he wants and the gop saying we tried? i would sign up for that agreement. chris wrote on our face book page individual accountability doesn't seem to be very popular in washington d.c. these days for either party. again, me up for a total agreement. we love hearing from you. e-mail me at lou@dodobbs.com, go to our facebook page, thanks to everything and loudobbs.com. we have all seen pictures, video of nfl and nba athletes taking a stand as they put it, showing their solidarity with demonstrators. the nfl players holding their hands up as they enter the stadium protected by the very police they insult and the player whose ethics cost u.s. c and national championship and

the heisman trophy wearing an i can breve slogan on his t-shirt, brave athletes who where i can't preach t-shirts and scribbling those words on their precious new sneakers. inspiring, tonight on "cavuto," forget businesses not anyone to start up, will more just close up? john ratsenberger says not only is it harder for companies to launch today, it's even harder to stay open today. why he says the job market is getting rocked. rocker w. k. the guy famous on partying hard. why it is so hard for political parties to simply get along. later, champs of twitter. how the financial factor is teaming up with the former wwe world champ john sena. the