keep it rye here on fox news channel. ♪. ♪ [ music ] . >> this is a fox news alert. a home going service they didn't call it a funeral for whitney houston in new jersey this afternoon. the stars shined today, some of the biggest names in the music and movie industry came together to remember a legend. tonight we'll have the latest including the investigation into the cause of whitney's untimely death.

rick santorum surge in michigan. what does that mean for romney? governor huckabee is here to break it down. plus... the sole lynn dra boondoggle. money, gone. the white house is going to talk. will we get some answers? coming up tonight on "justice". good evening, welcome to justice, today was a day to celebrate whitney houston's life. >> judge, good evening to you. the beautiful whitney houston was a celebration of her life. a star-studded line up of some of the best people in music and hollywood shared memories of whitney houston. >> there is a grace that carried her. that is one thing he know. another thing i know for sure

this, is important, whitney houston loved the lord. >> cliff davis recalls how in her last days she was looking forward to making a come back in her upcoming movie "sparkle". >> nobody knows, no security. just whitney and me. she played her new cut from "sparkle". i played music i liked for her, like old times. >> in an earlier interview entertainment attorney told me whitney's star power would not be diminished by death. >> i believe sony is probably going to make $1 billion on the merchandising and movies and dvds. i believe her estate is

probably going to see something to the tune of $50 million, $100 million over two years. >> her family say they have shared her with the world, today was their day. they want the world to remember hers a mother, a daughter, sister, friend, a child of god. in new jersey kelly wright, judge, bow. >> thank you. and of course among those honoring whitney houston, her co-star in "the bodyguard". kevin costner hadn't said anything until today, his comments hit home. >> your mother and i had a lot a lot in common. you know meeting at this moment i think we -- really? she's a girl, you're a boy. you're white. she's black. we heard you like to sing. but our sister could really sing. but what am i talking about?

kevin costner and whitney houston, we don't have anything in common at all. you'd be wrong about that. both grew up in the baptist church. easy for us to laugh. church was what we knew. it was our private bond. the height of her fame as a singer i asked her to be my co-star in a movie called "the body guard". i thought she was a perfect choice. red flags came out immediately. maybe i should think this over a bit. i was reminded this would be her first acting role. you can think about another singer as a suggestion. maybe someone white. i told everyone i had taken notice whitney was black.

the only problem i thought she was perfect with what we were trying to do. whitney would have to earn it. that was the first time i saw the doubt, the doubt creep into her that she could not be handed the part she would have to be great. whitney i knew, despite her success still wondered "am gi enough? am i pretty enough? will they like me? is the burden that made her great the nafrt caused her to stumble in the end? >> and never knew whitney personally, what kevin costner just said about her insek tiz. are they true? >> you know, judge, i had a chance to work with, not work with, my husband toured with her. and so therefore, as the

girlfriend at that time, i can't remember, we're married now. i'd go on tour. spent a lot of time with whitney. what i remember about whitney was that after the show, we would, many times going down to the hotel lobby and there would be a boom box and we'd dance. i liked to do background dancer parts. she'd get a kick out of that. she was very personable. back to your question about kevin costner what he said, yes, whitney is, was a person first, she was that girl from the regardless of the world wide fame over here. >> what could she be insecure about? she's butteful and gorgeous without makeup, too. >> and she's a person. that is the thing. people forget that celebrity, you know they're put up on a pedestal for many times people to pull them down. for no good reason.

she had her insecurities like anyone else, she's a person at the end of the day. that is what i think people forget. just because you -- she had a gift from god, just because you're famous doesn't stop you from getting up in the morning like everybody else, crying when you're sad. you know? mourning sometimes, it doesn't stop that. >> how important was church to whit sni. >> everything to whitney. she grew up in church. she was -- that is where she started singing, there. we saw the going home service for her today. and in her concert i had, i mean special hon dwror watch her from the side of the stage performing she's right there. and many times, you know they'd break off from their regular pop tunes they may have been doing and break into a gospel, church rift. you saw, you can tell she felt it, throwing in some of her, i remember this, i think we were

in austria. she got, that night she sang "i love the lord". i just looked down and boo-hooed, because she meant it. >> let's take a look at highlights from today. ♪ news news she was born in newark. >> there are two constants i know about whitney houston. there was a grace that carried. that is one thing i know. the other thing i know for sure this, is more important that anything she's done in her life, whitney houston loved the lord. >> so say whatever you want. she is singing with the angels,

god bless you, family, god bless you. we love you so much. >> this is a beautiful human being. really caring, beautiful thoughtful human being. calling for no reason at all zwrouft say hi. ♪ [ music ] . >> she reached back so many people, reached back to me. to all of you beautiful young

artists, you know? so many artists. and made us feel like we're strong. >> i want to stop and give our prayers to god for just allowing me to be in life at the same time as whitney. ♪ [ music ] . >> loved her so much. that won't stop. >> you know we saw whitney in

serious mode a lot of the time. we found out today that she was had a sense of humor. did you experience that side of her as well? >> yes. if you're in her presence you're going to see the fun, funny whitney. she's the boss but a mother hen. she took care of the band and made sure they felt comfortable and had what they needed to be a part of the family. it's interesting you say she was the boss. she was in charge and called shots. she called all of the shots. it was whitney production. she's she ran that she. >> thank you. >> and thank you very much for being with us. and we're checking in on republican prime yair race with governor mike huka bee. rick santorum surging in the polls in mitt romney's home state. .

rick santorum riding high in mitt romney's home state of michigan which holds it's primary on tuesday. and tonight we have governor huckabee joining us, so good to have you here again. >> thank you. >> rollercoaster ride continues and now, rick santorum is in the lead not just nationally but in the state of michigan with romney says that is my home state. is this, i mean what does this mean? how does santorum surge like this? >> it's an mazing phenomenon. every week, someone has a new leader. one of the thing that's is very critical for mitt romney it's not just a matter of perception, it's a delegate rich state. also he has to win it for perception's sake. he want won a bid four years

ago. he grew up there, got married there. his wife is from there. if he loses michigan it's like al gore losing tennessee in 2000, not something he can explain away. >> so the fact that santorum won missouri and minnesota and colorado is not a significant as michigan? >> no. those states did not award a single delegate. it was a symbolic victory. it lit fires for rick santorum. huge for him. but this is just different. there are delegates being selected and this state everyone assumes mitt romney is going to win. >> he is not going for the low expectations. he is kind of really throwing his ice himself. >> he's got to do whatever take thes. i'm assuming from the super pack from z.from the campaign he will accelerate attacks on

rick santorum and do all sorts of tactics to get his voters to polls and to make sure he does not lose that space. it's just not something he can afford to do. >> people are saying romney is not connecting emotionally. you mention al gore. it's the same kind of thing. saying al gore, close, personal, friendly guy. and that mitt romney is someone that doesn't communicate that. it's not as palpable. you don't feel he's just one of the guys. >> it's been one of the challenges. i think rather than to try to ignore the element elephant in the room, the thing romney should do is -- people say i don't connect very well. i probably don't. but when it comes to resolving problems that, is what i do. i'm not the greatest smoozer in the room. i'm sure you can kind someone else that can work the whole

room. >> here is the difference. how many years and not a hint of scandal? >> he just needs to address it head on. and say i know it's the rub against me. but you're not electing me to go to the georgetown circuit. you're electing me to get this country turned around. >> santorum campaign, governor adds this week, let's take a look at the clip. >> this is back, sometimes, romney and rick santorum. >> is that effective, governor? >> first i f.i were mitt romney i'd hire that guy because he's a dead ringer and a great look alike. it's funny you can say harsh things but it doesn't seem harsh. >> and he's like a machine gun saying look.

look. and conservative for second amendment guys. >> and you know if this were in general election, i mean in general with democrats they'd beat the ever living day lights out of them because he used a gun. but it works. >> run that sucker in georgia and alabama and you've got it made. >> money is going to dominate the election this year, with the super packs we've got these multi millionaires who fund these super packs dictating dialogue and issues in this campaign. i mean what is the take on the super pack? every one has to virtually use them, it's almost like it's the weapon of choice. you can't find a air war without an airplane. you can't run a president yil campaign without a super pack. people saying how terrible it is obama the ultimate

hypocrite talking about how unsafeory sit but i can't wait to do it myself. reform election law. and report everything. and make every candidate have to own up to ads. and if you're an independent group, knock yourself out. and if you're not careful it's going to turn into a hypocrisy z no matter who you were, you could run for office, it's not going to be like that unless we change the die namics and the rules. >> it's like a campaign between megamillionaires. but it's always good to have you here. >> thank you. >> and how far did the obama administration go to keep controversial solyndra afloat? the heart of the secret about solyndra. .

>> judge: why did the why did the energy secretary push for a $1.4 billion loan guarantee of taxpayer money to a company required to buy panels from solyndra just as it went out of business? a fellow from the hoover institute joins us this everything. peter how are you? >> i'm great judge, great to be back on with you. >> thank you. we're delighted to have you. now, after $535 million because of the great, green energy company solyndra. now it comes out they approved a loan to another company, and

what is the connection between the two? >> they're going put solar technology on roof tops and provide clean energy. problem is that solyndra was in financial trouble. so the department of energy intervened and told them they're going give them a government money but you need to use technology from solyndra. we show you how absurd this got. not only did they say thark they participated in negotiations between two companies to set the plight for this technology. it's a third intervention by government bureaucrats trying to prop up solyndra, which is failing. >> we got personnel in the department of energy negotiating a deal between these two private companies.

right when solyndra is about to declare bankruptcy saying by the way you want $1.4 billion you've got to buy from solyndra and they go bankrupt? >> that is right. much as they want to say they offer government-backed loans or grants there are strings attached and they may attach new ones and pull them, they're going to a company that thought through the system going to do and project it wants to use. the government came in and bureaucrats said no. no. for political reasons because we want to try with solyndra we're going to have to use this technology. just an outrageous involvement and showing you the extent which is rumored. >> and peter yesterday the white house agreed to allow congress interview about what

they knew about all of this. why is this important? >> well this, is very interesting because things did not go well in this loan program between a lot of bankruptcies and allegations of cronyism. these individuals are not going to be asked by congress. what is more interesting when you look at the senior people at the department of energy that were doing this, these were not technology people. these were not engineers. these were political fund-raisers and political appointees so it's going to be interesting when they're put under lights on capitol hill. to explain how they made decisions, why they made decisions and why things have gone poorly. >> it's interesting it's just the white house just about a year to agree to this, but secretary chu said this goes higher up in the obama administration than any other transaction in the loan program. do you think this goes as high up as the president? >> i think it's reerl really possible. i mean look.

at the under belly of the loans is that investors, whether solyndra or other companies, these are the companies that are owned by and large by people that have raised a lot of money for president obama. they did it in 2008 and 2012. you can imagine when you're talking with a project meaning billions of dollars in something an obama financier is involved in, someone high up in the white house is involved. and there are memos that they were involved in some of the decision making. >> thank you. and what happens to whitney's ex-husband, bobby brown today? was he actually asked to leave the funeral? a hollywood insider has details. ♪ and 90 years

old. now back to justice with judge

janine. >> i want you to know... i'm committed and clive i'll be ready. >> that was whitney houston's mentor, clive davis, she'll be buried tochl. joining us is dillan howard. good evening, gentlemen. very to start with you. everyone talking about whitney's ex, bobby brown at the funeral pt what happened today? >> judge, waits a day in which the world paid tribute to whitney houston, as we understand it there are conflicting reports. according to houston's family,

who decided bobby brown turned up with an entourage of nine having been told there was only room for three people this, was a church that only holds 300 people, today it was packed with 1500. and bobby brown and there is a brief statement given to me from his camp. he says my children and i were invited to the funeral of my ex-wife, greet bid security and asked to move on three separate occasions. goes on to say i fail to understand why security treated my family this way. security prevent immediate from attempting to see my daughter, bobby christina and goes on to say he didn't want to cause a scene and decided to leave and pay respects the only way he could. >> so he didn't stay? >> he didn't. people are saying he twont whitney's casket and kissed

the casket before leaving and he's due to perform tonight with his band about four hours outside of new jersey. >> let's talk about their daughter. do we know whether or not bobby brown has seen their daughter? >> this is a family is very fractured. whitney's mother blames bobby brown for introducing whitney to hard drugs. a marriage that was riddled with violence, she's attempted to keep bobby christina from the mother. there are grave concerns about bobby christina. she was rushed to hospital twice in 12 hours after her mother's death, she's been introduced to drug use in the past that. is well known and well documented and there have been fotys -- photos of her snorting cocaine. the family is very fractured at this time. no. we don't know whether bobby has been with bobby

christinea. i can tell you bobby christinea was not inside of the church today when this scuffle tooklace with security and>>do we know, , whether or not there was visitation after the divorce? was bobby brown seeing his daughter? >> not since... >> no. no. we don't know for certain. yes. >> all right z finally how was whitney's health prior to her death. do you know? >> very important fact to tell you about tonight. judge, i can tell you that whitney houston saw a beverly hills doctor three times over the periods of eight days before her death. that is now the subject of this coroner's investigation. were drugs prescribed to her at that time by multiple physicians? what for? that is the key. that is why subpoenas have been issued. second important fact is that whitney houston visited a

plastic surgeon three weeks before her death. the surgeon refused to perform a procedure on her because she failed the medical. that, also, is a key important part of the probe. >> thank you. and there is no cause of death. the autopsy has been completed. what are we waiting for? >> corelation of the autopsy findings and the police investigation. >> why does a toxicology take so long? >> what is going to take longest is the police investigation. because remember, nobody saw how whitney was found deceased except what the body guards and hair dresser says. they want to make sure that accurate and correct. was her head underwater? was she leaning over the tub? did she go into the tub on her own ability? did someone carry her into the tub in order to revive her

because she passed out? those things, the police have to do a lot of work on. >> and all of the talk is about overdosing and a visit to a doctor three times, we believe she golt amoxycillin. how are we determining whether or not she overdosed on drugs? only determination is going to be by the toxicology report. what was found chemically because what drugs were in the room at the time may or may not be drugs used by her. and whether or not she also possibly had any kind of heart attack or hemorrhage in the brain, those are things that unlikely as they are have to be ruled out by looking under the microscope. >> if it is a heart attack how can we tell how it occurred? what caused it? stress, a coronary problem?

>> in order to have a heart tack you have to have usually hardened arteries and blockage of the corn yairy arteries. that, you can see with the naked eye. that is unlikely for a 48-year-old woman but kit occur. >> -- it can occur. >> okay. it means whitney was in rehab. very quickly is there a risk to a doctor prescribing prescription to drugs someone who is an addict? >> it's hard for individual doctors to deal with addicts that. is why there are rehab centers created because individual doctors have a very poor track record with alcoholics and drug abusers. it's the pier group pressure of other alcoholics and other drug abusers that helps secure someone and that is why we have rehab centers rather than individual doctors treating addicts when it doesn't work. >> thank you. it's good to see you and of

course, dylan it's good to see you as well, thank you both. >> police have issued subpoenas in the death of whitney houston. will any charges come out that have investigation? that is coming up next. next.pó

police issued subpoenas in the death of whitney houston, and fox news analyst criminal

defense attorney, welcome. they issued subpoenas to several pharmacies, one in atlanta, one in l.a. trying to figure out how many prescription drugs she was taking. that is legal but we think charges will come out of this. >> it reminds me of the michael jackson-type situation. this isn't the same as a doctor in the room with her in the bathtub, there is no evidence a doctor prescribed the drug that day in such a gross manner. and i doubt anything is going to happen. hopefully if there is any good that comes out of the tragedy there is a warning sign. >> criminals are talking about, talking about criminal. how about civil? does a doctor have an obligation if he knows his patient is an addict to make sure he or she doesn't prescribe meds that may contribute to the condition? >> what does that mean? if there is a right after this skpk because they have other

prior condition that's is going to add to it then, certainly as a doctor provides care, have you to make sure you do what is right, proper and what is appropriate. if you step over that line, there should be a civil remedy. >> do you know 15,000 people a year in this country are dying from prescription drugs? from overdosing on prescription drugs? >> and interaction of the drugs. >> and there is a sound here, take a look at this. >> who let her slip or pushed her under watt zbler. >> can't you just say i was speculating and i'm sorry. i shouldn't have said it and it was inappropriate. >> that is not speculation, dan. >> she may have been pushed underwater? >> who will let her slip or pushed her underwater? who will let whitney houston

go underwater? does d.nancy cross the line here? >> nancy did a great show. nancy every night if you watch she says something that is just wrong. fak cal -- factually wrong, there is zero evidence that whitney houston was pushed under the water. to purt that out there for the family and friends and fans is just irresponsible. >> but no one associated with the investigation suggested that there she might have been pushed under the water. where does she come sfr fr? >> she's a victim's add vo kite so am i. it's about the facts. >> absolutely. it's about the facts and the record needs to be corrected. however, i think maybe in order to find out to get information maybe she

overstepped it a little. >> why didn't she take it back? >> right. believe me he could have landed on her like a ton of bricks like nancy now that you're rethinking do you want to take that back? no? because an autopsy for fans... >> look. we don't know what happened. hopefully we'll get to the bottom of what happened. maybe there are other conditions. >> yes. >> and in any event there a 21-year-old son charged with attacking his to-year-old girlfriend. his girlfriend says she'll drop charges if he apologizes. police say not so fast. can the police do this? can they make a case without her cooperation? >> depends what the evidence is. other evidence around, if someone else saw this. she had marks on her face?

>> she was punched and kicked with bruises all over her body. is that enough evidence for you?. >> how many times have you seen this? as a former prosecuting attorney that you have in a relationship someone getting beater up, unfortunately the girlfriend, the wife, then, all of a sudden there is a reconciliation. he didn't hit me. so prosecutors are getting tough. how? saying we don't need you. wire going to prosecute f there is a 911 call we're going use it f you signed a complaint we're going to use it. enough is enough. >> you disagree? >> well, look. domestic violence is one of the most difficult issues... >> it's a crime. >> it is a crime. she has said she's beaten you know as a former chief prosecutor... >> in the nation when you're dropping lessons. do you know what?

>> this is a crime against the state. and in every other case, prosecution relies on the victim. the victim freely. >> your son hit by a drunk driver what. do you want punishment? >> what does she want me to or not. >> they ask what you would you like to see happen to this person? >> and a lot of times what happened is that emotion gets in the way. and if you feel sorry for your spouse. >> is that why he beat her up? >> that is why the investigation has to take place. >> and 911 can be used as a sword as well as a shield. >> it can be. you've got to make sure she signs away her hipa and medical privacy rights.

arthur, josie -- joey, stay with us. plus a special sal yut to me what makes the sleep number store different? you walk into a conventional mattress store, it's really not about you. they say, "well, if you want a firm bed you can lie on one of those." we provide the exact individualization that your body needs. wow. that feels really good. it's about support where you find it most comfortable. at the ultimate sleep number event, queen mattresses now start at just $599.

and save 50% on the final closeout of our innovative limited edition bed. plus, enjoy special offers through monday only. only at the sleep number store.

we're back with arthur and joey. here is a case. be on the lookout for two bald robber who's stole $150 worth of rogue yain from a cvs pharmacy and are still on the loose. any chance they're going catch these guys? and did you really needed that rogue yain? >> like the main in les miserables goes to jail for

stealing a loof of bread for his family. you can't go on and need rogue yain. and they're using pictures from surveillance. and they're hoping members of the community will recognize them on facebook and come forward. >> i have to say is that this happened on december 17th. there we go. >> if they want hair, if you're trying this case what would you say? >> as a defense attorney? >> if there are two of them for $150 it's 300s oodz stealing is stealing. saying does it matter? my baby needed diaper skpiz was steal something you mention about facebook thing. i was thinking hold the evidence in a gang gun case is all facebook. there are are the gang members

with the guns on facebook. and saying i'm letting it into evidence. >> is this technology helping law enforcement where it need needs... >> on witness what's do you do? pull prof wril yils. there is so much information on a witness. goodness for bid they're not truthful. you vit right there. >> there was a woman with the guy who's apparently they stole rogaine which is an expensive over the counter medication. >> oh, i know. >> does it work? >> no. >> no. and i hear you lose hair three weeks then it comes back. >> i didn't have that much time. >> i think you look great. >> there is a prescription for you, also. >> and does the woman get charged as well? >> yes. >> and i didn't steal it. >> good. >> thank you. before we go tonight a

military shoutout. a viewer wrote about corporal joe mills out of new york. last month while serving in afghanistan a fellow jorld was injured. he rushed to his aid but there was a secondary explosion and was hit. he lost his leg in the blast and is recovering in walter reed hospital. when asked what plans were his response was, quote to, return to duty. joe, you are a true american hero. your attitude show that's you and other heroes make us proud gchl luck in your recovery. thank you for your service. that is it for us tonight. thanks for joining us. e mail us your comments and we'll leave you now with a clip of whitney houston, good night. ♪ [ music ]

we know a place where tossing and turning have given way to sleeping. where sleepless nights yield to restful sleep. and lunesta can help you get there, like it has for so many people before. when taking lunesta, don't drive or operate machinery until you feel fully awake. walking, eating, driving, or engaging in other activities while asleep, without remembering it the next day, have been reported. abnormal behaviors may include aggressiveness, agitation, hallucinations or confusion. in depressed patients, worsening of depression, including risk of suicide, may occur. alcohol may increase these risks. allergic reactions, such as tongue or throat swelling, occur rarely and may be fatal. side effects may include unpleasant taste, headache,

dizziness and morning drowsiness. ask your doctor if lunesta is right for you. then get lunesta for $0 at lunesta.com. there's a land of restful sleep. we can help you go there on the wings of lunesta.