with us. i'm monica crowley. merry christmas. >> greta: tonight, governor charlie crist calls the -- chris christie calls the president a bystander in the oval office and says he's unpresidential. donald trump goes on the record in a few minutes. but first, speaker. house, newt gingrich joins us from new hampshire. good evening, sir. >> good to be with you you. >> greta:: mr. speaker, i suppose the big news first is that on a radio today, in iowa, you challenged governor mitt romney to a debate, any time, any place. i take it that is in anticipation of the caucus on january 3. but why? >> the governor suggested when i indicated that i thought his false and misleading ads ought

to be taken down and that his excuses that is staff and his donors were yen his control were silly. he said, if i can't take the heat, i could get out of the kitchen, quoting harry truman. i am pretty happy taking the heat. join me in the kitchen, with a debate, one on one and no time keeper and no moderator. one of his ads got four pinocchios from the fact checker at the washington post. it's very hard to get four pinocchios in a 30-second ad. it means virtually none of it was true. i was suggesting to the governor that i would be happy to get in the kitchen with him. let's talk about the ads that his people have been running that are clearly false and misleading that ought to be taken downful they are planning to spend $1.4 million in iowa next week, running attack ads against me. i want 90 minutes to indicate what is true and what is not true. >> greta: you talk about the

adses. so we are clear. i know there is a legal and perhaps a political distinction. but they are the super pac ads, for which a candidate can have no fingerprints, but they are supporters of the candidate and there are the candidates' ads. the ones coming at you like a mack track truck. are those super pac or romney campaign ads? >> it is romney's former staff, running a pac, funded by romney's millionaire friends. the idea which he can't go publicly and say, these ads are false, please quit running them. i hope you will just run positive ads. he could turn them around in two nowrs he held a press conference and announced he had looked at the ads and found them to be unacceptable. as you know, visteadily, all through the debates tried to focus on being positive. i building republicans attacking republicans helps one person -- barack obama. i think the ads are destructive

and dishonest. the governor ought to take responsibility. it's his former staff and millionaire friends. he clearly could direct them to goes and they would go positive. >> greta: how do we know -- how can you convince eye know you have taken the position you are not going to go after another republican -- how do we know if you didn't have the rich millionaire friends with a super pac or money coming out with your pam pain, that you wouldn't be doing likewise about opponents? >> well, at the period when i was at the bottom and people thought i had no hope, i stayed positive. in a period when i was coming back and people thought i was a long shot, i stayed positive. those are the periods when you normally start attacking people. guto newt.org,ul see layer and layer of new ideas and approaches. i want to have a positive campaign, first because i think we are in real trouble as a country. we need to have a positive conversation to bring solutions to bring the people together to

get beyond the chaotic mess that washington has become. and second, i think it hurts republicans. i am a ronald reagan republican. i believe in the 11th commandment, don't fight other rather republicans because that helps barack obama. focus in a positive way and let the best person win and let's all get together to debeat obama. >> greta: how are you going to community to mitt romney? are you going to make a formal -- are you going to make a phone call or send a note or email? leave a tweet? >> greta, you know his campaign watches your show. so we just communicated with him. of course, he knows what i'm saying. he has lots and lots of highly paid consultants. many of them are assigned just to watch what we are doing. i am sure they have reported to him. if they have not, i am sure a reporter will ask him, is he prepared to back up his ads by showing up in iowa and being

willing to go one on one and defend the ads that his staff and done ors are running. >> greta: what are the odds he's going to take you up on the deal? i know what i think the odds are. >> i think he wants to pretend to be positive while the dirty work is done by his former staffers. i don't think the people of iowa are that dumb. i think the governor has two choices. he can come out like a real citizen and say, let's go positive. or he can hide and people understand, these are his ads from his people. they are negative, they are nasty and the washington post has said today, the one of them is so wrong, it got not one pinocchio, not two pinocchio, not three, he got four pinocchios. do you know how hard it is to write an ad that wrong? >> greta: what's it like back stage in the debates? are you next to each other, back stage? do you talk and shake hands, no

harm, no foul? wloos it like? we have been representing ron paul's going at you. is everyone chummy back stage? >> i think there is more tension. you know, people were very nice to me when i was at 5%. now that i am in the frontrunnero tied, they are not as nice. plus, we are getting close tort vote. it's like any other competitive environment. people are tense, focused, who will survive. who isn't? it's like survivor, who will be voted off the island next week. it's more tense. frankly, on my side, i find having millions of dollars spent in iowa to run false ads by several candidates, frankly pretty disgusting and below the belt and wrong. we ought to be able to have a presidential campaign -- i don't mind people reporting my record accurately, but people who are running things that are fundamentally and profoundly false, i don't take that kindly. i expect the next cycle of

debates won't be quite as pleasant because of that. >> greta: we only have a minute and-a-half. and i wanted to get to this earlier. the chaos on capitol hill. do you have thoughts or reflections as everyone battles over the payroll tax extension? >> first of all, john boehner's right and the republicans are right. pass a one-year extension. this idea of a two-month extension is absurd. the senate is utterly responsible, the idea that they pass something and go home. the president's being cynically political. i don't know how long he thinks he can be candidate in chief and not do his job as president. but to have this kind of manipulation makes us look like italy in one of its worst parliamentary crisis. the whole country looks bad when washington melts down. pass it for a year. speaker boehner has the right approach. get it done. don't come back for a crisis in february and another crisis in may. get it done. the house is prepared to pass it for a year.

i think the senate ought to come back and get the job done. >> greta: we are a little bit on holiday watch here, vacation watch to see who does come back. who is eye only know, i can only tell you this, if i didn't show up for work and do my job, i think fox would get rid of me pretty quickly. and when it's breaking news, it's all hands on deck. i think the american people thought this would be done before the last minute. but once again, we are standing and waiting. i am taking the last word on that. nice to see you, mr. speaker and enjoy new hampshire and iowa. it will be a busy couple of weeks. >> do have a merry christmas. >> greta: new jersey governor christie is blasting president obam a. he is calling the president a bystander, again. and here's what he told fox news. >> you called the president a bystander in the oval office and a cynical chicago war politician. do you think it's appropriate to speak about the president of

united states that way? >> once the president puts himself in campaign mode, yes. i have nice things to say. but he has put himself into campaign mode. i think, much too early. i think it's unpresidential for him to be acting that way. but he has decided to do that. if he wants to put himself in the political arena, he is open for political criticism. the fact of the matter is, this election's going to be about his stewardship of america, over the last 3 years. i would say absolutely and i will repeat today to you that on the issue of core leadership, he has been a bystander. >> greta: so, is president obama in campaign mode? donald trump joins us by phone. good evening. >> hello, greta. >> greta:: donald, i wrealz twitter, there are a certain amount of characters, you have to be concise. but you really wringed the president in a tweet that said, he's dilutional. barack obama believes he's the fourth best president of the united states ever.

why the bruising tweet? >> i think it's within of the most ridiculous things i have ever heard. here, we have a president as chris christie just said, is god. he's not there. he's not leading. the country's a mess. we are being laughed at throughout the world. other countries are eating our lunch economically and every other way. it's just word, only words. honestly, he could be the worst. now, i don't know if he's going to go down as the worst, but it will be very close to that. so i think he is really dilutional. >> you know, a lot of people were disturbed or distressed or caught off guard and maybe support him when he made the remark on "60 minutes," in which he parades his own presidency in glowing terms. would it behoove him to be more humble in the election season? >> i think he's trying to convince heme he's doing a good job. he is in campaign mode.

it is his job. but to say that he's the fourth best president is just so ridiculous that i guess it's laughable by most people, even his supporters laugh at t. vimany friends that do support him. when they heard that statement, they themselves laughed. >> greta: rumors are that there are a lot of suggestion about a third-party candidate. any dime there is a discussion, your name came up and it was put into a poll, compared with president obama and in the field of president obam agovernor mitt romney and you, and without make anything sort of announcement at all, or not saying that you are in, you come in 19% of the vote in this poll. what do you think about na? >> i was honored that it was by far the highest number of all the people who were put into the poll. again, somebody who is very knowledgeable said to me, if you ever actually announced -- because i have never announced. people want me to run, they want me to run as a republican.

they want me to run as an independent. this has been going on for a long time. people do say and it's a very good political people say, fiever announced, those numbers would double muscled but a lot of people don't want to give me credit in storm terms of a poll number when they think i am not going to do t. i would consider tif the country keeps going the way it's going and if the republicans pick the wrong person, which is a possibility. i would certainly think about doing it. >> greta: in 1992, ross perot ran as an independent and he denied president h.w. bush a second term ncollecting republican votes. would a third-party candidate in 2012 automatically mean that president obama would receive a second term? >> no, i don't think so at all. i think if it's the right person, very high-profile, somebody respected that built, perhaps a great, great business, which i have, in my case, i really think a third-party

candidate can win. i think the republicans would not win. i think the republicans would not win. a think a third-party candidate would win. i think i take a lot of votes from obama, a lot of votes from obama. but it's a very interesting process that is going on with third party. look, the republicans are disliked by everybody. the democrats are disliked by everybody. the president's numbers are tential. certainly, a third party, the right third-party candidate could come in, in my opinion and win. i do think if it's somebody like me or the people they mentioned, i think it would mean the republicans can't win issue but a third-party candidate can. and interesting interest ross perot, had he not cracked up -- inclus what he did -- he could have won. he was at 35% and 36%. he could have won. but when he quit the race and got right back in, that really hurt him. >> greta: you said you could get some of president obama's vote.

what area of president obama's vote would you get? the rich democratic developer types who the business type? or could you get other votes? and how big -- what percentage do you think it is of his overall vote? >> i think i would get hispanic vote, frankly. i think -- and people smile when i say it -- i think i would do great with the african-american vote. i think i would do great with that. now, i am not going to beat him with that. but i would get a large number of african-americans. i really believe that -- >> greta: why? how? >> well, you have to look at poll numbers. do i very well with african-american voters. i also think i do very well with the unions, with certain unions. i have done amazing well -- new york is a union state. i have done great over the course of years, many years with the unions. vifantastic relationships with the unions. when you see him ending the pipeline and not wanting to approve a pipeline, where so many jobs are going to be

produced, the unions all want it to happen and the environmentalists went over. i think i dolled very well with the unions. >> you say that you think you can get a big chunk the african-american vote and i am curious. it's been for the most part, the democratic vote and president obama being african-american, you know, it's been fun for african-americans, like a woman candidate is fun for the women. why do you think you could pull those votes from the president? >> i just have a great relationship with african-american and african-american voters. and i think i would do very well. now, i am not going to beat him. but i will tell you, i think i would get more than any other candidate i can think of -- >> greta: how? >> i think i dolled very well. >> greta: what would you tell them -- >> look at the inner cities and how badly they are doing. i mean, they are absolutely dying in the inner cities. ooh 'bama hasn't done anything, if you really look at it, for the african-american. and you know, that he gets their

vote is to me, almost amazing. i think i would do very well with that vote. i do think it's about thener city. you look at what is happening with the inner cities of this country and it's really a shame. it's terrible. he's done very little for the african-american, believe me. >> greta: all right. when do you make a decision of whether you jump in as an independent or not? after "the apprentice" season or have you made a decision? >> we have equal time provisions. i don't think we should have. the fact that i do a show means i'm not allowed to run until the show ends. there is nothing i can do about t. some people think it's trivial. it happens to be a huge show and a very successful show. it's not trivial. but i agree. but there is nothing can i do until the show ends, which is around the middle of may. after the super bowl and it ends the middle of may. >> donald, thank you. we will talk to you many times before then. thank you. >> thank you very much, greta. >> greta: the race to the

republican nomination is getting uglier by the minute with vicious ads on the internet and iowa's really flooded. but they are not coming from where you may think. we have someone here to discuss that. dpiewn what today is? the anniversary of the most vicious act of terrorism 23 years ago, an am flight 103, blown up over lockerbie, scotland. and the sole bomber was released 2 years ago, claiming he was dying. but more than 2 years later, he is still alive. don't we owe the truth to the victims and the families? john bolton goes on the record. [ jim ] sam adams boston lager is my favorite because it has so much flavor. so i wanted to design a glass that would enhance the flavor and taste of boston lager.

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>> greta: targeting former speaker of the house newt gingrich. here's part of a new ad. >> the only speaker in history to be reprimanded, fined $300,000 for ethics violations by a republican congress. as conservative national review said, his weakness and half-baked not necessarily conservingative ideas make him a poor speaker of the house. he appears unable to transform or govern even himself. newt gingrich, too much baggage. >> it looks like it's coming from president obama's campaign -- right in not so fast. it's coming from a super pac, supporting governor mitt romney. so are the g.o.p. candidates focusing on only savaging each other? the rnc chairman is here.

good evening, sir. >> hello, greta. before we get to the discussion of the republicans and whether they are savaging each other. president obama's approval rating has been reported up at 49% as of december 18, up from 44%. that's certainly good news for the president. not particularly good news for republicans. your thoughts? >> well, i -- [chuckles] eye think if we are talking about jumping for joy over creeping within the margin of error, you know, congratulations. but i have about 40 polls upstairs that show he is in big trouble. the best number and the real troubled number for this president is that in every single one of these pollings, 70% plus of americans across this country believe that we are on the wrong track. 70% plus of those same people believe that obama has completely failed when it comes to his promises in regard to the economy. so, you know what? these approval polls will creep

up and down. he's below 50%. i think we know he has failed as a president. the right track/wrong track poll is the one to watch and the president is so upside down, he would have to defy american history to be able to win this re-election effort. >> greta: but he must be sitting back and licking his chops because right now, the republicans are literally at each others' throats. the ads -- and they may not come from the candidates, but they come from the super pacs which is an arm-length distance. but they are associated with the candidate. -- >> i mean -- >> greta: what do you think about that? >> i think, if you are looking at differentiation of 2 and 3% from two polls and is excited, you know, great, i hope he continues to act that way. but as far as our candidates go, greta, this sort of pandering

over tough primaries, i don't believe it. our candidates are focused on obam a. the last fox news debate that took place last week was almost entirely focused on obama and what he said he was going to deliver and what he actually delivered and how he hasn't followed through -- >> greta: you know what -- >> tough primary it's what about the 3:00 a.m. phone call, hillary clinton to barack obama? who do you want in the white house when the phone rings at 3:00 a.m -- >> greta: but here's the problem. i mean, i don't know, but you can't deny that they are going at each other. governor perry recently in an ad that in the quadcity times editorial calls congressman paul hypocrital back bencher and the things said by the super pac of governor romney, associated with governor romney -- not his -- against speaker gingrich. they really are pretty aggressive. it is not saying they have different thoughts or ideology

or policies or plans. they are going for the throat. >> well, i mean, we have seen primaries of in 2010, throughout the country, there are not a lot of examples of tough primaries, equal losses or weaker candidates in general elections. in fact, bush 41 and ronald reagan, you look at the history -- over and over again, i mean, dole/push 43, tough primaries. hillary and barack obama -- it doesn't mean we will have a weaker candidate. in fact, i think it's the opposite. i happening the hype and the attention and tough primaries create winning candidates. i think tell make our candidate even better. i think the energy, the talk, the excitement, that's all on the republican side. the failure and the economy and all the promises -- they are on obama's side. >> greta: 30 seconds left. what happened to the packers last weekend? >> yeah.

i think so the chiefs came ready to play. hopefully, the packers will come back and we will have aaron rogers at super man status against the bears. i feel about about home-field advantage. i don't think the packers will play a road game until they get to indianapolis. >> greta: we can fight about politics, but we redraw the line when is it comes to sports. anyway, always nice to see you. republicans and democrats can both cheer for the same teams, right? thank you very much. >> you bet. thank you. >> greta: i want you to know, we haven't forgotten or turned our back on this grievous injustice, the bombing of pan am flight 103, 23 years ago today. we still want to know, what sweetheart deal or political corruption led to scotland releasing from the convicted killer on the ridiculous compassionate grounds excuse? something is really not right.

john bolton goes on the record, next. and franklin graham is here with huge christmas christmas news. hear what samaritan did this year and how his father, billy graham is. everyone have their new blackberry from at&t?

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>> well, we have not forgotten for one second. we hope you have not either, no american should.

23 years ago, today, terrorists blew up pan am flight 103, over lockerbie, scotland. killed 270 people. the only person convicted in the massacre was released from prison on, quote, compassionate grounds. the scottish government released abdelbaset al-megrahi and the scotts said at the time that he was dying of cancer. but today, more than two and-a-half years later, three and-a-half years after the diagnosis, he is still alive and dozens of american college students on that plane, just trying to get home for the holidays never made it. former u.n. ambassador has called for abdelbaset al-megrahi to be returned to the united states for trial. he joins us. this is just -- so outrageous, still. i mean i. well, it was a violation of the agreement that the united states reached with britain and scotland about abdelbaset al-megrahi when we set the trial up to begin with. i did a little math on this, on this release. he killed 270 people.

he served a little biz bit over 9 years in jail. that is 5 weeks per murder. five weeks per murder. >> greta: i used to be a criminal defense attorney, i represented a lot of murderers and never one of them got released on compassionate grounds for one murder -- that's absurd. >> it was a huge concession by the united states in the first place that we agreed that he would be tried under scottish law because they don't have the death penalty, which we would for an act of terrorism. but part of the agreement rested on scotland not releasing him to the u.n. or back to libya without our consent. what they did was even worse -- they made him a free man. >> greta: you know what is so astonishing-- the united states got wind of this in fall of 2008, during the bush administration, that he might be released. they knew about the diagnosis and he was supposedly dying of cancer. in '0 19, the obama administration likewise know its. fast forward to august and he is

released on this ridiculous compassionate grounds that he's about to die and he never has died. i cannot believe we did not have the diplomatic muscle that we couldn't have stopped that. this is one of the most corrupt actions of the scottish government. what were we doing? >> there is little doubt that the british wanted to do something for cadoff tow help british investor it's. >> greta: that's horrible! >> and i think there is no doubt, as you rightly say that for at least a year, the u.s. government knew that the british government and the scottish government were thinking about it. i think what happened was that the obama administration gave it a wink or a nod and the british and the scottish said, they are not going to like it, but they are not going to object. i think if we had put our foot down, they couldn't have done it. >> greta: i have been on planes with student, you know, with their laptops, talking. i talked to a guy who knew his brother would be having a scotch. i cannot believe that the united states did not have the honor for these people to put the foot

down with the british and the scottish. i think of all countries that would acquiesce to our wishes they would have. >> i think the families' victims believe that the state department didn't take their concerns seriously. this is the final insummit. for me, think about this plane load of college students, coming home to celebrate the holidays with their families and 31,000 feet when that bomb went off and falling 31,000 feet at 500 miles per hour. then tell me this man deserves compassionate release. >> greta: but it is so -- i know, i am a good citizen. i really find that so corrupt. that any government of any country could let this happen -- i mean, first of all, i sarcastically blogged, don't go to scotland for medical care because they will saying you are dying and 3 1/2 years later, you are alive. but to me, it's so appalling to what the families went through and you know, it's stunning to

me that -- that money trumps all. >> i'm of scottish heritage and it just appalls me. >> greta: ambassador, thank you. >> thank you. >> greta: almost 9 million christmas packages for kids, 5,000 volunteer, 100 countries and that adds up to operation christmas child, it's a charitable effort lead by reverend franklin graham and samaritans first to bring christmas to needy children around the world. we went around the world last year in haiti. that was one of so many countries and stops. reverend franklin graham, nice to see you. >> good to be with you. >> greta: how's your father? >> he's doing well and at home and recovering from a bout of numoania. but he's home. >> greta: i hope he's watching tonight. >> he is. >> greta:: last year, 8 million presents. we have left that number in the dft dust. up to 9 million? >> close to 9 million.

we asked people to take an empty shoe box and fill it with toys for a child. but we also have a program to go to samaritans first dot-org and it's called build a box. you can click on the toys to put in the box and upload your picture, write a note to the child to go into the box. we have volunteer who is will pack the box and ship the box. you can track the box. it's called build a box. we are going to be doing this through christmas. we still, we need another quarter million boxes. >> greta: go to the web site. you know, we have seen this operation, it's absolutely spectacular. the volunteer its love t. people use vacations to volunteer. it's absolutely eye have seen the kids in haiti. it is nothing short of spectacular, what is going on for these kids. >> you packed box this is year? >> greta: we have packed box this is year. i say it proudly. it was a blast. now to another part of the world. i have traveled with to you

north korea. what is your thinking on the news of kim jong il dying? >> i think this is a great opportunity, greta, for president obama, to reach out to kim jong un and to invite him to this country and take him to a basketball game. and let's make friends. remember when carter inviteed ping to this country and he was in texas and this is the first time a chinese premier came to the country and look at the wonderful things that happened in our relationship of reaching out and talking. if a president right now, i think, would reach out early in this young man's term, it would be huge. >> greta: it's interesting, having traveled there three times with you, you know, the people are so sealed off from the world. they have no idea. just to consider cracking that wall a little bit. they near fear of us. they think we are trying to kill them every single day.

you would think that this might be an opportunity to crack that eighths bit. >> kim jong il was aphrased of flying. he only travel to the soviet union and to china for his son, who we have been told was educated probably in switzerland. he has traveled. and it's a great opportunity for this administration to neutralize this issue in the korean peninsula by reaching out and making a friend of this guy. >> yon i don't think people realize even how much samaritans first has done in terms of diploamacy and giving generators to hospital, secular, giving them things to hospitals so they can care for the people, a mobile dental clinic, building a dental hospital. i don't think people realize, there is a lot of private organizations and charity who is are in there, trying to show them that americans are not to be feared. >> that's what we hope we can do. i think this is one of the most dangerous areas in the world that, little bit of real estate is... very explosive.

if we don't do something, greta, if we are not talking, the united states has to talk -- i am not saying that we agree and roll over in negotiations. but we need to be communicating and talking to them and keep the communications. it is too dangerous not. >> to i know what they sigh you, a man of faith and you do talk to them about faith, that -- lots of times that goes over their head a little bit. but it's chipping away as well. >> it's chipping away because there are still christians in north korea. i want the government of north korea to know that christians are not to be feared. they are not the enemy. they are their best citizens. >> greta: reverend graham, always nice to see you. i love the box. they can go to samaritans first and be part of this. >> thank you. >> greta: coming up, ignort supreme court, that's what former speaker newt gingrich is threatening. people call ita dangerous and off the wall. a former judge is here to talk about the controversy, that's next. it is the busiest time of year

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and zero due at signing on any new volkswagen. this was the gulf's best tourism season in years. all because so many people came to louisiana... they came to see us in florida... make that alabama... make that miissippi. the best part of the gulf is wherever you choose... and now is a great time to discover it. this year millions of people did. we set all kinds of records. next year we're out to do even better. so come on down to louisiana... florida... alabama... mississippi. we can't wait to see you. brought to you by bp and all of us who call the gulf home. >> from america's news headquarters, i'm ainsley earhardt. reports on what could be one of the deadliest single attacks in

syria against their own people. witnesses say syrian troops have wipe out an entire village. more than 100 people killed by a barrage of rockets, bombs and gunfire in northern syria, a region of intense anti-government protest. one activists reports it as, quote, an organized massacre. boxing champ, mayweather junior, after pleading guilt tow reduced charges of domestic violence and harassment, accused of punching his ex-girlfriend, pulling her hair and twisting her arm. he avoided a felony trial by agreeing to a plea deal. he will report to jail on january 6. i'm ainsley earhardt, back to "on the record" with gret a. thanks for watching. >> former speaker of the house, newt is launching a revolt against the judicial branch, saying that judges who made

radical rulings should be removed by congress. he is causing alarm evens within his own party. what would that do to the government's balance of power? a former judge is here. she has written a book called patriot acts, what americans must do to save the republic. i should add that we both were colleagues at cnn and we just missed each other here at fox news. nice to see you. >> great to see you, greta. >> greta: tell me, what do you think about speaker gingrich's -- some are calling it an assault on the judiciary? >> we shouldn't even be having a conversation, we should condemn this sort of conversation. this country's based on the rule of law as a founding principle. when he is attacking the third branch of government, this is more than an ideological debate, he is attacking the foundations of of the constitutional republic. >> greta: one of the interesting things, i sat down and thought about it, if you have a judge's ruling that you don't like in

the federal system, you go to the federal system, and you have three judges and can go on and then you can go to the supreme court for nine more. so you can get 21 judges at a minimum, potential to review it, in the state system, it's much the same. and interestingly enough, in the state system, some judges are elected, so you can vote the judge out of office. >> absolutely. there are so many remedies built in. one thing i find intriguing, you know, newt is objecting to activities in the federal system, and yet 12 of our 13 federal districts have been dominated by republican appointees, by conservatives for many, many years. and so what he is basically saying is not that it's a conservative versus liberal ruling, when he talks about radical, he simply means rulings that he personally disagrees with. and if we are going to allow a president, for example, to say, i disagree and therefore, i am going to impeach, hall before

congress, a particular judge or as he suggested, eliminate federal courts because he -- newt gingrich, disapproves of the ruling, that's not a constitutional republic. that's a tyrannical monarchy. >> greta: it is interesting, though, the slam that's given on es knowledge daal an activist judge. and i mean, that's the difference. there can be activist judges both ways. many conservatives probably would never dream that a conservative judge can be activist, but every time the supreme court creates a new exception, perhaps the fourth amendment, that's activist. so what do you think about in the state system electing versus appointing judges by the governor? >> well, i was twice elected. i have opposed the electoral system on the bench. it is not appropriate. i think that the appointed process, where there is a recommendation by -- by certain groups and say a governor can

select from a particular list, and then maybe, if necessary, the judge may have to run on his or her record and get approval, which i question. but i just don't think -- and you see the influence of money in the judiciary like in the political process. and it has had very detrimental effects. you can see it on the right or the left. in texas, for a long time, when the democrats were dominant, you saw certain wave of decisions out of the texas supreme court as the republicans began to dominate the political sector, different money went into the judicial races and you have a very different swing. so i don't think that ideology ought to be way swaying the court. >> greta: the new book, "patriot act," covers many topics. as you talk about many issues, do you have any interest in running for office? >> no, been there, done that. it was as large as four gubernatorial races. there is not a lot to say about

the elective process, even though the service may be grand. i like having the conversation. but i don't know how much i would like serving in politics. >> greta: myis to see you. you have to come back soon. >> thank you. take care. >> greta: sprat straight ahead, britain's prince harry can't wait -- what is his big news? find out. that's next. better late than never -- or is it? a gift arrives in time for the holidays, but which holidays? a daring robbery caught on camra. but this story ends with a twist. stay tuned.

>> greta: britain's prince harry makes a big surprise announcement. the prince says he's going back to afghanistan. during a military awards ceremony, he reportedly said, i can't wait to get out there. the prince recently finished combat helicopter training here in the united states. he served one tour in afghanistan in the year 2008. the palace won't discuss it, exactly when or where he follow serve next. a florida woman receives a gift just in time for christmas. the problem is, she was supposed to get it last christmas. she used priority mail to ship the present. that was on december 10, 2010.

now, a year and 6 days later, the box just showed up in her mother's mail box. she thinks the mixup happened when her mother's local post office was shut down. she think its turned up when workers cleaned out the old building. she is happy her mother got the nightgown she sent. but the gift card on the box expired. now, to really stupid criminals. a couple of burtionulars learned that crime really doesn't pay. they tried to steal an atm from a california store. they backed their truck right through the store windo and tied cables on the atm and hooked it to the truck and sped away. but there was one problem. the part of the machine with the money inside stayed where it was. so the burglars got away with -- nothing. a winter wonderland in germany, the ice sculpture exhibition. this year's ice show is a circus theme with 13nd ice block blocks to create the frozen

circus. the artists are from all over the world and they have been working for months in frigid temperatures. how do they do this? they use chain saws for starters to carve the shapes until they are just right. thru have it, the best of the rest. coming up, democrat or republican, there is one thing about the holidays that almost everyone can agree on -- what's that? ♪ [ male announcer ] when a moment suddenly turns romantic, men with erectile dysfunction

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>> greta: 11:00 is almost here, flash the studio lights, it's time for last call. and it's the holiday season. it's not all presents and cheer. >> al qaeda threatened to disrupt and ruin christmas. we already have a disruption every year. they're called relatives, okay? and they stay in your house. >> that is your last call. lights are blinking and we're closing downho