now bladder leaks can feel like no big deal. because, hey, pee happens. moment. keep there right here on fox business. lou: good evening. breaking news. president obama is a legal immigration fiat has been ruled unconstitutional by a federal district court judge in pennsylvania. the unilateral action effectively the bill -- legalize those to cross the border was deemed to go prosecutorial discretion according to the judge the fiat rigid framework also does not allow for meaningful case by case determination for prosecutorial discretion would be used or more importantly where it should not be.

and the obama department of justice is not happy predictably by responding to the decision is unfounded and the court has no basis to issue such an order. analysis the legality is flatly wrong. in other words the obama of you is straight forward authoritarian maintaining that neither congress nor the judicial branch can interfere with the obama imperial presidency. that those opinions that confront the fiat is to facto amnesty that comes as half of the states in the nation are in court challenging the white house abuse in their judgment of executive power. but we begin with a tough fight against executive amnesty with a controversial appointment. the senate confirmed texas prosecutor to head the immigration and customs

enforcement agency. she stated she believes mr. obama does have the authority to defer deportation for millions of illegal immigrants. our first guest authored a bill that challenges the administration's fiat on emigration and joining us with a member of the house foreign affairs good to have you with us but first congratulations getting the bill passed what is necessary to stop the executive order? >> i appreciate you having me on. we have to get back to the rule of law. the president doesn't have the authority and it will be proven according to article one section and womack eight of the constitution and the president has overstepped that with the 22 times he

said he did not have the authority to do this and he is a constitutional lawyer and when he signed the executive embassy on november 20 he said he is changing the law. he cannot do that he will end up losing. lou: the district court judge decides today his fiat was unconstitutional. but the reality is that has to play out in court and it is interesting the white house immediately dismissed the judge his authoritarian and does not believe you or the congress has coequal status with him nor the judicial branch either. >> i agree. that is the purpose of the bill we saw this action in a and june and we were

prepared to introduce to congress it was already vetted with attorneys under ronald reagan with other the goals dollars that the president is clearly overstepping the rule of law and if the president and administration does not follow the rule of law than why should anybody else with an enforcement that will make this situation and wears? if you want to fix immigration and then wait for those of of them prodded to congress and the people spoke loud and clear. and give us time to fix the immigration process had not know anyone on either side that is against responsible immigration reform. we have measures to introduce to start but to do

what he has done is damaging to america and our constitution and if obama believes in the constitution as a scholar he will stop this action. >> he has made it clear what he believes and. >> europe leadership has had the opportunity that john boehner easily could have taken the lead with that legislation to drive the immigration reform to a logical conclusion and solution and he chose not to i have supported the congressman's bills as the intelligent approach why in the world is your leadership not acting?

>> you have to ask mr. boehner. lou: i will be delighted but do you have a sense? >> there is so much contention so many people want to start with more security to send out the message start with border security and enforce what is on the books but to put more laws out there that the administration is the following goes back to the constitution that the president shall take care to execute a fully though lot of the land with the omnibus bill over the last two years we are fighting on short-term resolutions. lou: i understand and i thank you did the right thing it was completely irrational but what i am asking is what is your sense what the leadership will do? because we have had a lot of talk but not much action do

you believe you can carry this to a rational conclusion? >> absolutely the american people spoke they handed us the baton that was one of the reasons we voted on this bill because now from the first of the year when rears war did make a start fixing the problems that have been plaguing our country instead of doing crisis management we can focus on these problems that the nation has put off. for the president to run ahead to do something unconstitutional and illegal will not fix it if he cares about solving this problem he will wait tays said been there you go get worried rally he will do my you have to do. >> i am trying to be polite. lou: our audience thought

once straight talk. we appreciate you being with us. this. lou: and jeb bush raising the prospect of another bush presidency he treated i excited to announce i will affectively actively explore the possibility of running for president of the united states but a reminder this is not the first time he talked about 2016 to release a new book and he would flip flop on immigration reform with a path to citizenship with the controversy led him to withdraw that many illegal immigrants out of what the governor called the active love. new fox news poll shows republican voters would prefer governor mitt romney over bush. 19% vs. is &.

governor crist christie or governor huckabee or ray and paul round out the top five with 8%. deal, feinstein report from the cia. of talking to the former general counsel these ally bank ira cds really do sound like a sure thing but i'm a bit skeptical of sure things. why's that? look what daddy's got... ahhhhhhhhhh!!!!! growth you can count on from the bank where no branches equals great rates.

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lou: john served at the ncaa lawyer for about 34 years and was the top layer with the cia interrogation and techniques were authorized also author of the book company man. thank you for being here. start with the report the insistence of democrats with the senate intelligence committee and senator feinstein the report obviously has been a bipartisan effort but what was your reaction? >> the timing of the release. i was surprised especially when i had learnt that secretary of state john kerry a democrat from my own state of massachusetts felt

obliged to call chairman feinstein personally a few days ago to a paris mayor urged her not to release the report at this time because of the ensuing threats. a secretary of state does not do that unless there is serious intelligence evidence. i found that quite telling. lou: so they would not be releasing this without the approval of secretary carries boss president obama? >> absolutely not. i don't understand. lou: retry touse square it up with 6,000 marines as a result put on high alert it is more troubling. but it your judgment of men

though to you from the office of legal counsel that reads august 1st 2002 although the water poured constitutes imminent death from long mental harm it pileate the statutory prohibition of inflection of severe mental pain or suffering. in the absence no severe mental pain or suffering would have been inflicted the use of these procedures would not constitute torture. that seems plain and straightforward to of laban like me that the justice department lawyers were clear to authorize water board. >> i thought so at the time my solicited their binding the gold you one way or the other but for them to come back to say the proposed techniques are torture that is the end of it to.

i was persuaded by them and reassure the highest legal branch had given as authoritative conclusions. >> and the cia directors, three of them said the white house was fully informed lorazepam price presented cheney put it the president knew what he wanted to know and was informed with what he needed to know. do you confirm? >> of all the claims made by senate democrats that the cia never informed of whitehouse is preposterous. i was there at the beginning prepaying in the situation from the national security council condoleezza

rice, vice president jaime, the attorney general john ashcroft said now that we kept things from the bush white house is comical if not so astonishing and secondly that we talk about covert services federal been in the clear to talk about their treatment and it is astounding what is your judgment of the impact upon the cia with those to defend the nation and to work there? >> it is a scathing indictment of a large chunk of people in the agency who are still there. i am five years retired as are my colleagues but the at

least 100 probably more cia people working hard against isis to protect the american people also what do they think now is to read a report by politicians that concludes the tireless work for seven years was nothing? and they could be subject to investigations? what kind of defect does that have the morale? that is what i worry about. lou: 84 being with us for a former hhs secretary kathleen sebelius knows how to fix obamacare. >> obamacare no question has a very bad for a and driven

intentionally by misinformation and paid advertising. and day they need to call it different in the future but it is working. lou: we have heard that before. outgoing senate majority leader blamed obamacare for the democrats midterm losses. he said called mac we never recovered from the obamacare pullout. the secretary did not mention that. odd. up next president of obama has an example of what he calls deeply rooted racism in america and did not stop there. next.

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lou: a few comments of president obama who addressed criticism he was not doing enough to the black community he told black enterprise magazine i am not the president of black america i am president of united states of america. expose comments were made just three months before election day 2012 now with

two years remaining in office no more elections the president speaks to those who did not vote for racial minorities and is buried jane american as racist. listening to the man who has spent the recipient of every benefit this nation can bestow on a citizen who begins with so little while in office he has become more entitled more easy to more superior with his tall and as he obviously looks down on the rest of us lowly american citizens to is though words of his obamacare architects is so stupid we believe his lives -- lies now claims that racism is deeply rooted in

our society. i with my adolescent the president thinks so little of us if he had not taken quite so much from us. with his new interview he says '' there is no blackmail my age who is a professional who has not come out of the restaurant that someone did not hand him the car keys. while the president has launched a crusade of ignorance against this current - - country that has given him all he has been in my opinion he should say thank you america. is the grateful in an apparent way? not that i can see. he railed about being mistaken as a valet and of greater. is his top adviser also a racist? valerie garett mistaken as a

waiter recall they hated incognita a trip where a woman asks the first lady for her help and the first lady obliged and this week she joins and though white house campaign that of vigorous telling people magazine she did not see me as the first lady but somebody who could help for those things happen in life so it is not new. >> my god the courage it must have taken. hard to impress? why am i talking about the first lady and why is this issue now when it was there when she first described the incident to david letterman two years ago? then it was portrayed very differently. >> she said excuse me i just have to ask you how to do something.

can you reach on that shelf and hand meet the detergent? [laughter] i kid you not. the only thing she said she was short i pulled it down and she said you didn't have to make it look so easy. [laughter] that was my interaction. lou: she should. helping other people is of blessing but now it has overwhelmed the white house and much of washington and the first lady has fallen in line with her husband's administration now her story is one of racial discrimination and. ignorance is now operated is time to call leaders for the hypocritical words and unseemly conduct. america and should fail to respond to the words from

the man who says he is our leader. maybe now we are awakening to what this administration is. the new poll finds that a majority of us a race relations are bad compared to 40% to say they're a good. that is a lawless level since 1995. but the public's view of president obama uh the poll found that they would take a different approach than president obama. i'll ask the president to apologize but i ensure you now i expect nothing at all from president obama.

to accuse americans of racism now clinton looks to echo the shocking remarks to raise the ante. next.

♪ ♪ lou: well, it turns out president bill clinton doesn't think much of americans either he's the latest to weigh in on the everything garner -- eric garner michael brown decisions, agreeing that racism is deeply

rooted in americans and our country. >> we still have not solved the problems that lead us to act out of fear sometimes, of preconceived notions of people of another race who also may not be of our socioeconomic group. these preconceptions are almost wired into us and we have got to get beyond them. lou: joining us now, "wall street journal" editorial board member jason reilly who is the author of the important book "please, stop helping us." great to have you here jason. >> nice to be here lou. lou: your reaction to the president saying racism is deeply -- talking to jorge ramos of univision -- [laughter] saying americans are just racist and we just can't help ourselves. >> what's the evidence that anti-black animus racism, played a role in either the

garner incident where the supervising officer on the scene was a black woman or in the situation in ferguson, missouri with michael brown? where is the evidence that racism drove either incident? i see a lot of evidence here of black criminality bringing the police in, introducing the police to the scene, resisting arrest in one case in ferguson assaulting a police officer. that is the cause of what went down in both locations. this should not be a discussion about racism. this should be a discussion about behavior in these communities that bring the police to the scene of these incidents. lou: i agree with you. i also am taken by the mild reaction of our national media. we never have a -- we now have a president and a former president accusing this country of being something inferior to them. they, from their exalted, lofty

perch, declare that we are base animals who are incapable of rising above our innate just bestiality and racist natures. and i say frankly, to hell with 'em both. [laughter] i don't know such people as they describe, and what i do see them doing is pandering. >> yes. lou: and i think that kind of ignorance needs to be challenged by the national media. >> it would be nice if the media did, but media's on their side, by and large, with the racial narrative. racism is an all-purpose explanation for what ails black america, can explain all of these bad black outcomes. that's the narrative that the left likes to push with the help of the media and that's what they do. whether it's president obama president clinton, eric holder they see this as a political opportunity to continue that narrative. i mean, if you think of all the good that a president obama or eric holder could do if they

wanted to make this an excuse to talk about black responsibility why do so many young black men end up like eric garner, end up like michael brown, why do they turn to these lives of -- eric garner had a rap sheet going back 30 years. michael brown assaulted a police officer after robbing a store this his own neighborhood. why are so many young black men turning out this way? i think eric holder and barack obama are uniquely qualified to lead that conversation. they have no interest in having it. lou: no interest in having it and i struggle to comprehend why i think so many of us in this country actually believe -- you and i have never talked about it but i actually was one of those people who thought we had a pretty good shot at being a postracial society with the election of this president. >> i don't think the heft has any interest -- the left has any interest in being postracial. they believe in divvying us up by race and gender and sexual

orientation and making specific appeals based on those characteristics. i think that is the essence of identity politics, and that's what they believe in. i don't think they have any interest in being postracial whatsoever. lou: why do you think there is sort of deference to a president or a former president who says ignorant things that these two men have said? and i realize i'm going to catch holy hell for what i'm saying. i'm defying the avatars -- >> well, the worst part of it is that bill clinton and eric holder and president obama say they're doing this in the name of helping blacks. but, lou, to the extent that what they're saying feeds this anti-cop narrative and leads to less effective policing in these neighborhoods, you're going to end up with more dead black bodies. these poor communities need police more than other commitments. they need aggressive, effective policing. they need the best cops on the force in those neighborhoods.

and to the extent that this anti-police narrative results in less plussing of these neighborhoods, blacks -- policing of these neighborhoods, blacks and particularly poor blacks will be worse off. lou: we have an obligation to produce the best of ourselves and a right to expect the best of others. >> yes. lou: but the idea that we could have two presidents just generalize and smear an entire nation that produced them, for crying out loud is, it is just stupefying to me. >> yes. lou: what in the world is going on right now that we would come to this place to these words from the mouths of two presidents? >> well, you have a political party that has a lot to gain by playing to their base. and this is what their base wants to hear, that white america is responsible for these bad black outcomes. so again, they are doing it out

of political expediency. i think it's shame. shameful. they know it's wrong, and they're doing it anyways. lou: jason reilly, good to see you. the obama domestic doctrine calling for demonstrations in the streets of america and continuing his assault on our law enforcement agencies. milwaukee county sheriff david clark here next. if a denture were to be put under a microscope we can see all the bacteria that still exists. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher brighter denture everyday.

lou: president obama now claims race relations have improved during an interview with jorge ramos, but at the same time taking aim at our nation's law enforcement officers. >> what's also true is that there are still instances in which a young black boy or brown boy is not being evaluated in terms of risk precisely in the same way as a white young person might be by the police. now,now, that can be solved through better training better accountability better transparency. lou: my next guest says law enforcement is being thrown under the bus by this president. joining us now, milwaukee county sheriff david clark.

sheriff, thank you for being with us. it seems that there is literally a war being waged on law enforcement officers and agencies in this country. how does it feel? >> feels horrible. i'm here to defend the honor and the integrity and the character of law enforcement officers all across this country, and i'm going to do it with the ferociousness of a junk yard dog. look irreparable damage is being caused to this profession by some very powerful and important people, people like the president of the united states, the attorney general, the mayor of new york. our law enforcement officers 99.9% of 'em, go out every day to serve their communities with honor and distinction. are we perfect? far from it, but mayor de blasio should have to experience just for one day what new york city would be like without the nypd. that city would collapse into utter chaos. these people are out here cop bashing, trying to score some cheap political points at the expense of our law enforcement

officers. lou: you know, the administration has tried obviously tried, to exploit politically, tragically, whether it be the shooting death of michael brown or the chokehold death or alleged chokehold death of eric garner. these are two incidents, and in no way am i minimizing them but two incidents and this president projects that into a national national crisis, a national problem. and calls for the retraining of 35,000 police officers, about 25,000 of those 35,000 who are street cops who will have to go through training. yet the president calls for no response from the community of new york, of ferguson missouri. the attorney general basically

denigrates all of law enforcement, and the president, the president is denigrating american society as racist. how do we get beyond this? >> with better and more effective leadership than we're getting out of think about right thousand in washington d.c. look -- now in washington d.c. look it's pretty obvious that ferguson missouri, what happened in new york, tragic incidents. these are not a microcosm of anything. those are local stories for local communities to deal with. it's getting tiring for me and other officers who put this uniform on to be used as a battering ram, if you will and try to use us to describe what's wrong with america. the police are not the problem in america lou. the police are one of the few things left that's right with america, and we ought to begin extolling the honor the courage, the integrity like we do during law enforcement

officer week. president obama and eric holder go down to that law enforcement memorial wall where there are the names of over 20,000 law enforcement officers who have sacrificed their lives in service to their community. they ought to stand in front of that wall and stare at it for a couple minutes x then maybe they'd come to thallization how wrong they are. do the realization how wrong they are. let me say this about society all right? white society has got to be getting tired of getting their nose rubbed into the ugly past that slavery did to this country. they're now being made to commit sins that --ing being made to pay for sins they did not commit. i'm here to extol on white society the great strides that they've made in righting those past wrongs. i am living proof of the opportunity in this country for people of all colors, all races genders, so on and so forth. and when we start to acknowledge the strides that we've made, we will see how far we've come, and we can build off of that.

but right now this nation's coming apart and instead of seeing president obama's potential gettysburg address he's simply just being present. lou: no, i appreciate that sheriff. and i want to put into context just a couple of things and that is that one, this president knows the reality. and that's really the shame of it. he knows the truth. this is a president seeking political advantage. it's a separate judgement and he doesn't care, as you put it, how many people he throws under the bus in law enforcement. he doesn't care about the truth and it's clear because he's too intelligent a man not to. therefore, this is a political strategy. it is i'm not going to report the numbers of people who have committed murders. they're overwhelming, we know the statistics. all i'm going to say is that if there's a race problem in this country, it isn't a problem for most meshes, and you -- most

americans, and you and i and everyone watching this broadcast knows it because americans are good people. they need to have that stated by their president. he's a president who should be as i said earlier elevating us, not denigrating us. sheriff david clark we thank you so much for being here and for all you do for your community and by extension our whole country. thanks so much. >> lou, it's a pleasure to seven. to serve. lou: up next, congressional republicans trying to breakthrough the obama administration's stonewall. our next guest says to us exactly what happened on the ground in benghazi in the important new book "thirteen hours." he's here next. these ally bank ira cds really do sound like a sure thing but i'm a bit skeptical of sure things. why's that? look what daddy's got... ahhhhhhhhhh!!!!! growth you can count on from the bank where no branches equals great rates.

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so ally bank really has no hidden fees on savings accounts? that's right. it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees from the bank where no branches equals great rates. ♪ ♪ lou: our quotation of the evening, this one from one of our founding fathers the fourth president of the united states and if tyranny -- i can't even say the word, i can't tolerate it. iftymy and oppression come to this land, it will be under the guise of fighting a foreign enemy. james madison had a way of putting his finger on exactly the threats to this country in so many ways. a groundbreaking new book details how four americans who died in the benghazi terrorist attack could still be alive had a standdown order to never been given. the book is entitled "thirteen

hours: the inside account of what really happened in benghazi." my next guest was on the ground in benghazi that night. co-author chris peranto, thank you, sir. >> it's an honor. lou: well, it's an honor -- we talked to your comrade -- >> you talked to the jv squad first. [laughter] lou: we'll give you equal time here tonight. [laughter] let's start with this anniversary. >> sure. lou: everyone marking it as the 13th particularly in this town anniversary of september 11th of 2001. it is also a very important anniversary to the nation or -- second anniversary of the attacks in benghazi. >> of course. lou: your thoughts on the standdown order, the 13 hours of that fight. >> sure. lou: your thoughts as you were told that you can't go to the compound -- >> sure. >> lou: -- to save those folks.

>> i think any operator or any military person, anybody in special operations would have the same feelings as i did. it was, first of all, it's a bit of anger, it's, you know, it also is a bit of disappointment because you're not being able to help your friends. i said keep in mind -- and i've said this in occasions -- can we're getting calls, frantic calls from our budlies, al -- buddies alec and scott that they're under attack. so the sense of urgency is spinning up. your adrenaline's going up, but you have to maintain your composure on the outside to make sure that the emotions don't get out of hand. because, you know, it's just like a match getting lit and other matches getting lit, and all of a sudden it becomes a big fire. when somebody starts panicking everybody starts panicking. yeah with me it was more anger and frustration more than anything and disappointment that i can't help my friends what's going on? i can't help the guys that i

promised i would help. i gave them my word i'd come and help them if they needed it. lou: and that expectation was with realized when you all decided standdown order or not concern. >> we're going be. lou: -- you're going. >> yes. lou: and how long did it take you to get there? just under a mile. >> it took us; it was just under a mile, but the people that read the book and ones that already read it could see we couldn't drive all the way there. we waited so long to get there, basically, our nightmare had just, had just come true because they were able to get a defensive position fortified as best they could, and they were also able to have concentrated far down the road we were supposed to come into to drive all the way to the front gate. lou: so you had to evade the terrorists -- >> we basically disembarked in a cover situation, and we split into two teams and went on foot yes. lou: and how many terrorists were surrounding the compound in the compound by the time --

>> we never, we could not see all the way into the compound because we were on fool. there were several eight-foot-high walls that we had to go over to get to the compound. with the intensity of fire, it's hard to say. and we weren't getting any -- we didn't have the isr feed at that time nothing was being fed into us to give us a good situational report. but by the amount of fire coming down the road, it was enough we knew we couldn't go down there without trying to eliminate the position they had at the front of the gate which john did very well with three or four grenades. that loud us a big enough lull to get there -- allowed us a big enough lull to get there on foot. that's about an hour after we were originally called. lou: and in that hour, people are dying. >> oh, yeah. lou: and you're attacking. you managed to get into the compound -- >> yes we did. lou: and what was your first reaction when you broke through

and saw -- >> sure is. lou: dash what you confronted. >> people, and i've been told this by my friends why are you saying that? honestly, it was, i always think that sort of thing, it was incredible, the fire. it's gorgeous. it's something that a guy like myself and, like, this is why i'm here, this is why i'm doing this. the accentive goes up -- adrenaline goes up you're seeing fire in the building, you're hearing shots fired, and i'm alive. guess what? this is awesome. it's time to go do our job and find those guys that are trapped and rescue and fight off the bad guys so we can get our guys home. lou: most of us would be horrified, trembling and it's what you and your comrades train for, it is who you are. >> sir. lou: we're awful lucky to have you. >> well, we're lucky to have people like you that are actually putting this story out for us and have kept it alive for so long. we appreciate it. lou: the book "13 hours," and you've just heard a very few

words, eloquent but very few. this is an amazing story. >> thank you sir. lou: we recommend it to you highly. buy it at your bookstore online. it is amazing. >> sure. lou: just like the folks it is all about. thank you very much. >> thank you sir. it's an honor. it's a very pleasure. thank you sir. lou: time now for a few of your comments. james tweeted us to say who could possibly want president obama and the democrats to overhaul the immigration system in sounds like obamacare all over again. kenneth tweeted us to say amnesty should hurt the demss but republicans have a knack from snatching defeat from the jaws of victory. trevor e-mailed me to say although i'm basically a democrat, you are forgiven, i find the president's golfing minutes after announcing another beheaded u.s. citizen shows a depraved indifference and conduct unparalleled by any white house predecessor. a copy of my novel, "border war," goes to the authors of tonight's comments as it does

every night to the authors of those who share their views with us. we love hearing from you. email me at loudobbs.com. follow us on twitter at >> another beautiful morning in centsinnati, metropolis of the money-minded, where daily life revolves around good people good choices, and -- good grief! >> [ roars ] >> it began only moments ago -- a marauding monster, with enough rage to level the city and enough arms to lay waste to any challengers, appeared as though from out of nowhere. >> this guy puts the "ugh" in "ugly." >> and he put himself in a tight spot. >> [ grunts ] too true! if he's failed to realize... [ dynamic music plays ]