you must damage your opponent. bet tower walk away. colorado springs, bill, looking forward to your new book. i guessed you would be writing about caesar. the death of jesus plays a role. and wait until you see what we've learned, it's amazing and while we're on the subject of books, killing lincoln, killing kennedy dominating the best seller list. and when you're a premium member, you get a mug. and i'm close to the pakistani border we watch the factor every day and thanks for all you do. right back at you, lieutenant. you guys are brave patriots and we respect you all very much. stay safe over there in afghanistan. it's amazing how our u.s. military, the sacrifices they

make and really for, you know, for their country. they're not doing it for karzai, but we all should never forget that, i know it's a cliche, but when i get a letter like that from dean, i've got to read it. the factor tip of the day finding you money on the net. a pension benefit guarantee corporation is holding, ready? more than 200 million dollars in unclaimed pension benefits for americans who may have changed jobs and forgotten what's owed to them. to see if you're owed any money visit pbgc.gov. po p as in peter. b as in boy. g as in god. c as in cat.gov. and that's the factor tip of the day. check out the fox news factor website different from bill o'reilly.com and he we like for you to spout off about the factor anywhere in the world. o'reilly@foxnews.com. name and town if you wish to

opine. the word of the day, do not be te temulent when writing to the factor. remember the spin stops here, we'll be looking out for you. >> sean: tonight, welcome to "hannity," it's becoming glaringly obvious the decision to suspend public toweurs at the white house is a political one. they cited the sequester cuts as the reason for the tours, saying it saves $74,000 a week and as we look closer to the numbers and compare them to the cost of operating the white house and proposed cuts to waste and fraud waiting on the president's desk, it's hard to imagine the tours would be the first on the bugetary chopping block. let's put this in perspective. the cost of running the white house tours $74,000 a week or , according to the national review, the current annual cost of operating the white

house, just in household expenses, is 1.4 billion dollars a year. now, another interesting figure which highlights just how out of touch the president really is are his vacation costs. now, the first family's excursions are running the it tapes 20 million a year and not a shocker considering the president and the first lady seem to go separately a lot and leave separately a lot. no need to save money when it's not their own. conservative estimates puts one of the obama family's hawaiian vacations at 4 million dollars. no one is saying that the the president doesn't deserve vacation time or forego security that is associated with his leisure travels which seems to be constant, but these astronomical numbers are representative of the obamas lavish and opulent life style. shouldn't the president who preach about collective sacrifice lead by example? according to the white house budget and oversight committee chair darrell issa, the

president has ignored the advice of his inspectors general to cut 65 billion in identified waste. auditors found thousands of examples of waste, fraud and abuse and the president has done nothing, but ignore them. 67 billion in proposed savings is sitting on the president's desk. he cancels white house tours that kids want to see the white house. that runs the government $74,000 a week. politics has nothing to do with it. here with reaction, florida senator marco rubio, welcome back. >> thank you, thanks for having me on. >> sean: there's got to be kids in florida that want to go see the white house. >> yeah. >> sean: they can't because the president wants to make a point to the country, no? >> yeah, i think you've outlined it exactly right. this sequester, they're going to look for the most painful cuts from a publicity perspective to drive home the point it's a bad idea. the idea there's going to be inteng cuts here and there. people who have watched the program reductions of 10, 20, 15% in the household budgets, some people lost everything. i think they'd be shocked to

hear politicians belly aching about a 2% across the board reduction in spending when in the real world people have seen massive reductions in their homes and businesses so forth. this is the beginning you're going to continue every single day and see the best known national parks closed down and airports targeted. they're going to try to make this as painful as possible because they're trying to make a political point. >> sean: we have nearly nine fewer people in the labor force, the highest number on food stamps, close to 50 million people and a president now, he's bringing in beyonce and adele to a party. he's planning his martha's vineyard vacation and playing golf with tiger woods. that golf trip with tiger woods would have prevented 340 people from being furloughed. is this fair to bring this up, is the president too lavish in his travel. i think the president's the singular most visible figure in america and you have to lead by example. i think you said it in your introduction.

everyone understands the president is entitled to vacations and entitled to security, all the security they need and so forth given the history in this country in the past, all of those things, but i think you have to lead by example. some of the congressional offices here have led by example. in my office when i took office we reduced 10 percent our office budget at least 10% a year because we wanted to set that example. when the sequester hit the congress this year want nearly as big an impact as it otherwise would have been. even there we had to cancel staff travel for a few weeks to make sure we came under the figure. none of this is foreign it people back home who had to to it in their personal lives and the president to the extent they can should lead by example. >> sean: tomorrow we get paul ryan's budget. it will defund obamacare and it will not increase taxes and similarly your 're fighting to

defund obamacare in the senate. you're in the minority in the senate. how does it happen? >> first of all, obamacare is a disaster, this is not politics anymore, we're talking the impact it's going having on real people's lives. you feel' see people who are going to get laid off because the boss wants to go under the the 50 threshold. and we're looking at work force moving to part-time and hurting people as well. not to mention hidden costs in obamacare that aren't hinch longer. implementing is going to be a disaster, i'm glad that ted cruz, the new senator from texas espoused an amendment to the resolution to defund obamacare. i don't vote for continuing resolution, if we can pass that amendment i would be willing to vote for that continuing resolution, i know it's pie in the sky to some people. this obamacare bill as it's implemented will cost people their jobs, their raises per hour and i'm glad they're

taking a lead in that regard. >> sean: they don't have to fund it. this is the beauty of having at least one house which is in republican control and a lot of pressure is brought to bear on these guys and i think this is a test on the direction that they're going to go. here is what we know. the president sold us at 900 billion dollars, latest estimates have it at 2.8 trillion it's tripled already in what the president told us, sold this as, and we know that over a long period of time it's going to add 6.2 trillion dollars to the deficit. so, why would we go forward with this? >> that's just the governmental cost. who is accounting for the jobs that are going to be lost, people that are going to get laid off. people are going to lose their hours. look, we have a health insurance problem in america, but you don't need a government takeover of health insurance. how about letting any and every american buy insurance from any company that will sell it to them. in whatever part of the

country. not a government mandate. allowing americans to buy insurance pretax the way their bosses did for them. and we can think of innovation that would improve to access to health care. we don't need a government takeover to health industry in order to offer more insurance to americans. that's important. >> sean: what do you think of, the president made a big deal reaching out to republicans who is on the weekly radio address this weekend and starting to be conciliatory days after he was saying, what are we going to cut poor children or disabled children and claiming that the sea would turn into blood and pestilence would be taking over the land. so, what do you make of that? is it the poll numbers are down. that he oversold this? that this was a case of jumping the sequester as the wall street journal put it? is this going to last long after ryan's budget comes out. >> you might be shocked to learn that they he didn't call me before doing that. >> sean: what a shock. >> a couple of things, first of all, that's good, if it's a

sincere move in that direction, i think people are tired of man made crisis every week in washington d.c. they have enough in their lives, the last thing they need is politicians making crisis. we have a fundamental difference. the democrats believe the way you grow economy is through more government spending and we believe the way you grow economy is through the private sector and that government's job is to make it easier for the private sector to create jobs and incentivize them to do that and that's what we should be having a debate about. history and evidence is on our side. >> one last question, senator rand paul had a filibuster. you took part in this last week. and ted cruz did, mike lee did, you four guys seemed to be like the new guard and more conservative, advancing ideas, more willing to fight than some of the old guard. what did you think when john mccain referred to rand paul and ted cruz as whacko birds. >> i know that senator mccain feels strongly about national

defense and we admire his service to our country and i have a good working relationship with him. we're best served especially in our own party and movement not call each other's name. for the filibuster, i stood by rand paul or if i was a democrat, to have a serious question answered. we have a diversity about drone programs. obviously i think he raised a legitimate issue how it would be used in the u.s. and he deserved an answer and i'm glad he got one. >> sean: senator, always good to see you. >> thank you. >> sean: coming up next tonight. >> when is president obama going to get some credit. it's like rodney dangerfield, when is he going to get credit for the amazing economy coming back. >> sean: another obama-gasm. to nancy pelosi's claim that president obama is the most, in history. and a bombshell announcing a

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>> and welcome back to "hannity." president obama's liberal allies and cohorts makes up the mainstream media need a reality check. they've gotten out of control with their comments and lets

me explain. watch what thrill up his leg, little ole chris mathews said on friday. >> when is president obama going to get some credit. it's like rodney dangerfield, when is he going to get credit for the amazing economy coming back, maybe not like gang busters, but there are a quarter million new jobs out there and the stock market for the rich is going through the roof. when is this guy going to get some respect. republicans, when are they going to say, when we get to this number we'll love him. and ask the question, will he ever get credit for a good job. >> sean: more americans were on food stamps than ever before in the history of this country with nearly 50 million americans participating in the program just last yeek. chris mathews is not the only liberal trying to cover for the president. house minority leader nancy pelosi has been running around town trying to sell the notion that president obama is actually bipartisan reaching

out to the other side. i'm not kidding. watch. >> a few presidents to as leader-- and i've never seen the willingness, the willingness to accommodate views as president obama has extended to the republicans. the president has always been very respectful of the views of the republicans and the congress, their leadership and their membership. he's always tried to accommodate them. this idea that but for that we would have gotten all of these other things done. it's really not reality. >> always respectful. they want dirty air and dirty water. they don't want to help the old people or kids with autism. and joining us caroline heldman is back, and reuters points out the real unemployment rate stands at 11.3%, caroline. we have a cbs study shows many

are raiding their 401(k)'s just to pay basic bills. 9 million fewer americans since obama has been president that are in the labor force and then 50 million americans on food stamps. one in six in poverty. help me out here, that's the amazing story that chris "thrill up my leg" the mathews is trying to sell us. >> i'm certainly not as positive as chris mathews about this, unemployment dropped to 7.7%, growth in service sector and manufacturing. >> sean: caroline, 9 million fewer americans in the work force, 9 million fewer. >> no one is saying that's not the case, but remember, when president obama took office in january of 2009, we were hemorrhaging 800,000 jobs a month. >> sean: five years ago, bored, sick of hearing it. he cut the deficit in half. did he cut the deficit in half, caroline? did he? he said he cut the deficit in half in his first term, did he do that? >> no of course he didn't do

that, and crisis. >> sean: are more americans working or less? >> more americans are-- >> how many more. >> depends when you start the clock. >> sean: how about when he took office, let's start that day. >> sean, the day he took office we were hemorrhaging, 800,000 jobs. >> sean: i know it's bush's fault. >> 34 months of job growth. >> we went from about 40 million people in poverty to 46 million people in poverty today. think about this, jeff sessions said in around december that we spend -- that the program for welfare is probably the most that the federal government spends on than any other program that the federal government actually spends on right now. and think about in. we have a government that gives out awards to government workers for actually recruiting people on to welfare and trying to get people who don't want to go on welfare to come on to welfare,

it's ridiculous here. >> sean: the number's bigger and that, but it's 18 million more americans, one in six americans are in poverty. now, to hear nancy pelosi and others talk about the stock market. do any of those people on food stamps are they investing in the stock market, caroline? anybody there? >> sean, i'm really impressed-- i'm impressed that you're now concerned about the poor. thank you for that, but the fact of the matter is. >> sean: you know what, i don't, only democrats care about poor people. only democrats want clean air and water and only democrats care about old people. >> i'd agree with you or most of the points. like the coast guard going out to rescue a boat and blaming the coast guard not rescuing it quickly enough, you're placing blame. >> caroline-- >> the boat's going down, the boat's going down. i'm not seeing any coming in, the boat's going down on the "titanic" right now. i'm not seeing any from the

federal government. >> really, where, where? >> manufacturing, housing. >> sean: housing, housing? most people are underwahang on i need to add one other piece. he's given us 6 trillion dollars, 6 trillion dollars, caroline in new debt. do you know what he's done, if i use the same hyperbole, he stole that from future generation, stealing from children, those poor kids' money and breaking open the piggy bank, he's a thief. >> i can imagine him in the bedroom at night with a hammer, sean. the fact is the deficit problems started in early 2000's with two wars we couldn't afford and tax cuts we couldn't afford. >> comes back to bush, caroline. hold on a second. first of all, i want to go back to something you said before. manufacturing, can i point out here-- you're talking manufacturing in the united states or manufacturing over in china? look, we are losing jobs here. we're seeing our unemployment rate go up. and frankly, things have not

gotten better in any-- >> they've gone down 7.7%. >> it just went down so i'm not sure what you're referring to. i'm not seeing how it actually has-- has actually improved because people have actually lost jobs. and-- >> i've got one last question. if we don't count the people that have been on unemployment for a long period of time that are still unemployed, is that in your occidental mind, is that an accurate number? >> no, of course not, sean, i said for the entire number because-- >> people aren't looking for jobs he anymore, caroline. >> i'm saying you're placing blame on the wrong area, the stimulus broughts 2.5 to 6 million jobs and economists agree it's a good idea and blaming the wrong person we should be blaming wall street, they take our economy. >> sean: blame wall street, the republicans, blame bush-- blame the tsunami, that's what it is. all right, we've got to go, and coming up next on the eve of congressman paul ryan's budget plan rollout we learn it includes an owe pale of

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and bank seamlessly with our award-winning mobile app. take a step forward... and chase what matters. >> it is a bunch of bombshells and when house committee budget chair paul ryan introduces his bill he's sure to meet from resistance from the left. it's going to slow the rate of spending by 1.5%. it will repeal obamacare, replacing it with a better system that stops expansion of medicaid and when asked about his proposals on fox news sunday yesterday, the congressman said this. >> the point is we think we owe the american people a balanced budget. we want to respect hard working taxpayers and we think we have a responsible plan to balance the budget, which the reason we do a balanced budget not to make the numbers simply add up, it needs to a healthy growing economy that creates jobs. the president has us on a part

toward a debt crisis that hurts everybody, brings us to recession and gives us a european experience that we want to avoid. we want people back to work, higher job and growing economy. repeal obamacare and medicaid expansions which haven't occurred yet. we're preventing an explosion of a program that's already failing so we're saying, don't grow this program through obamacare because it doesn't work. >> joining he me now with how the g.o.p. can win this fight and successfully pass the ryan budget. the chairman of the republican national committee reince priebus. >> nice to see you again. >> sean: no new taxes will be in the budget. and balance the budget in ten years and decrease the rate of growth and repeal obamacare, should pass in the house? >> and we hold used car salesmen higher standards than this president. and that's our lemon law.

president obama promised that people could keep their doctors. >> it's false. that the cost of health care would go down. that's false. and the irony, this is the same white house that repeatedly goes after corporations, evil, big corporations. who is going to end up making all the money in the end if obamacare continues to be in place? it's going to be the big corporations, right? and who gets screwed? the middle class because. >> sean: absolutely. >> they get moved off the insurance and put in the union -- or the big government health care and who makes all the money? big corporations. the president. >> sean: are you ready for the demagoguing? this is going to be republicans want grandma to die, they're going to kill your grandmother. granny over the cliff, paul ryan will be pushing her. >> listen, i think it's about time the senate does its job. do you remember, there was, i don't know how many years ago it was when we used to talk about americans were outraged

na toilet seats were costing $600. now we've got $180,000 senators sitting in washington that haven't done their job and haven't passed a budget. they'll be the first guys jumping up and down talking about the fact that we want to actually repeal something that most americans don't want and it's not going to work. well, i think it's time these guys apologize and refund the money. >> sean: there's another side to this, because the democrats i guess through murray is going to come out with a plan and another to raise taxes on the american people. is that another option? i'm afraid they'll say we'll have tax reform, eliminate tax loopholes? isn't that a tax increase? >> no, we're not going to increase taxes. if the senate passes a budget number one, i think it will be a miracle. the president said he was going to deliver a budget, you remember, on february 4th and now it's what, march 11th, and he hasn't delivered a budget. now, he wants another month

extension to deliver a budget to the senate. he hasn't done it. he hasn't done it in four years so i don't think they're ever going to do with it. >> sean: how do you deal with the predictable demagoguing that will begin and ensue tomorrow right after the budget is revealed? >> for one thing our site has to be prepared, to know the information. >> sean: are they prepared? >> i think this is our moment to layout our vision for america and a budget that balances in ten years, that doesn't raise taxes, that includes comprehensive tax reform, that includes a spending freeze in washington, these are the things that people want. and i think it's about time that we as republicans get on the same page, all leverage, and everyone we have in the house and senate and get on board and repeat and repeat, and repeat. >> i like the idea of messaged discipline. reagan use today give the speech and talk about limited government, government is the problem lowering tax rates to stimulate growth. obama gets his speech and it's the same speech, the 1%, they're protecting the 1%, i have a balanced approach.

i'm fair, they're miserable, they hate you. so, it seems that he's been able to outmaneuver republicans in the-- during a lot of these debates, not in the most recent ones. but you are prepared for that? >> we have to get on the same page, now, we don't have the bully pulpit. what we need to do is get every member of the the house and senate saying the same thing all the time and the other thing, like you talked about a marco earlier is quit bashing each other and reagan had another thing he used to say, by 80% friend doesn't make my 20% enemy, that's what we need to get back to as a party. focus in on the things we can agree on and repeat them over and over again. >> sean: i think the message is pretty simple, we're the party that's going to stop generational theft and stop breaking open your kids' piggy banks and live condition our means. that's a pretty solid message. >> it's a solid message and we've got the messages all over the states with all of our governors, and our message is simple. >> sean: why are these

republican governors going along with the medicare and medicaid provisions. >> each governor is making a decision in their own state. and i can't speak to anybody. and the winning messages out there in america, are a balanced budget and spending free. school of choice, charter schools. the issues that every parent wants to be able to take advantage of it. >> sean: when rand paul was doing his filibuster, you sent out a tweet telling other republican senators to get out there and help him. >> right. >> sean: and people like rubio and cruz and mike lee and mitch mcconnell went out to help him. what do you think of this new generation, younger, these younger guns in the senate? >> i think they're the future of our party. and that's why i encourage people to support senator paul. what he was doing was reasonable, it was intelligent, it wasn't asking to move mountains, waste asking for a simple answer it a simple question and he didn't get it as republicans we ought to support him on thatment a thatment. and that's why i called on all

republicans to support him. >> sean: two years after it was forced to reverse the decision to try 9/11 co-conspirators in consumers, osama bin laden's son-in-law is in the big apple to face terrorist related charges and what caused the dangerous change of heart by the justice department? we will have legal analysis and by the way we want to hear from you tonight. log on to our special companion site it's hannity live to follow the show. go to copd makes it hard to breathe, but with advair, i'm breathing better. so now i can be in the scene. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms

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>> those allegedly responsible for the attacks of september 11th will finally face justice. they will be brought to new york, to new york, to answer for their alleged crimes in a courthouse just blocks away from where the twin towers once stood. now, unfortunately since i made that decision, members of congress have intervened and imposed restrictions blocking

the administration from bringing any guantanamo detainees to trial in the united states regardless of the venue. >> sean: that was attorney general eric holder two years ago when he first announced that the master minds of the september 11th attacks would face trial just blocks away from ground zero. now, the administration reversed that decision after facing major and necessaliticale are yet again, because we're now learning after pleading not guilty to charges of conspiracy to kill americans, the son-in-law of usama bin laden abu ghaith will be tried right here in new york city. now, didn't the administration learn anything two years ago? well, apparently not because despite the fact that gitmo remains open for business, the president has made the reckless decision to endanger the city of new york and give rights to an al-qaeda spokesman in a civilian court. pretty unreal. here with reaction from the american center for law and justice. jay sekulow. and defense attorney jeff

golder. all right, jay, wait a minute. enemy combatant obviously at war with the united states and spokesman for al-qaeda and bin laden. why? are they that hell bent on giving rights to nonamericanles and mirandizing them so we don't learn anything? >> so think about this for a moment. if you had adolf wiseman in world war ii and his son-in-law was the spokesman for the nazi regime and eichmann and he was captured on the battlefield or in flight which is what happened here, would we then want him tried in the u.s. district court for the eastern district of new york? of course not. that's ridiculous, we want him given the right to remain silent? absolutely not. the world that somehow we're showing the world we're better than anybody else by trying a 9/11 conspirator in the united states puts new york at risk and i frankly, it puts our entire system at risk because that's why you have military tribunals, that's why you have military commissions and this is this dual conflict that the

administration cons statly-- i wrote about it in an op-ed. >> you can use drones against american citizens overseas and, knock down an american with a drone, but we capture an al-qaeda operative, the spokesperson for al-qaeda we're going to try him in the eastern district court in new york. >> sean: and the president, joe biden, they were bragging throughout the election campaign, they got bin laden, but for enhanced interrogation, they didn't get bin laden because i interviewed jose rodriguez and he was there for the enhanced interrogation, without them we wouldn't have found the courier and his real name and the person that led to bin laden. don't you think we'd be better off interrogating this guy without letting him lawyer up and giving him the rights of

american citizen for our own safety and security? >> my guess is that we have. we had a parallel track to the criminal where the cia or operatives did interrogate him before they brought him over. >> sean: wait a minute, wait a minute, he had the right to remain silent. right now he has the right-- he now has the right of an american citizen. >> now, now. >> sean: and the right to an american. >> not necessarily then. >> sean: not necessarily then? but you know what? over a period of time these guys crack. these guys break, and they might finally give information to save american citizen's lives. what's better for the american people? >> look, i think he was of low value in the sense he's been hanging around since 2002 without much connection apparently to al-qaeda. >> sean: how do you know? mou do how do you know? i don't know. >> he's a spokesperson. he was a spokesperson then and house arrest or in prison in iran for most of this time and i don't know, but i think-- >> he's sitting next to bin laden. i have images of this guy sitting right next to bin laden. >> you know, look, the object

here, are you going to put him in gitmo and try him where there's been thousands of people and only seven were convicted and almost all of those were nullified or over turned. >> sean: we can try him after we dunk his head in water and get information from the guy. >> and mirandized-- >> go ahead, jay. >> that's now. >> and ask this of jeff, too, he's been mirandized and statements he said before are not admissible against him. he's been mirandized so what happens if the government can't prove the case and admissions and statements can't be admitted. what do wife to do? pull people off the battlefield. >> wait a minute, we're going to try him in a courtroom. >> bottom line. >> i'm asking you a question. we're both trial lawyers, how do you do that. >> tried in the southern district of new york, 100% of n them have been convicted. >> and have convicted already. >> i'd have him in the basement, by the pool by the world trade center and ghosts of the--

>> and jay's point is quite relevant to the discussion. anything, any information he gave now that he's been mirandized, none of this can be used, and you tell us, you know, what benefit is that to anybody here. >> right. >> sean: and now he gets to clam up? >> well, again, anybody sophisticated in this sense would know that a, they have a track for intelligence who could care less whether he's convicted or not. >> sean: is he an enemy combatant? >> you put him in a court and if you don't convict him, found not guilty, what do you do. let him walk? >> he's of value and we already know what he knows. >> and what do you to if he's found-- >> what happens then if mr. criminal-- you're the criminal defense lawyer and i've done criminal defense, too, what if he's found not guilty, you're going to let him walk? >>'s not going to walk, i'm a

former prosecutor as well. . 100% of the terrorists tried in the-- >> so this is a-- >> wait a minute, why does he get the same rights as american citizens? why? >> why should he? >> well, he is charged with conspiracy, he wasn't on the battlefield. he wasn't a combatant at the time. >> sean: he's on the field with bin laden, i've got video he evidence of it. >> we'll put him away behind bars. >> sean: put the picture up again. he's got a picture of a gun standing next to bin laden, that's not the battlefield. >> he will never get out of jail, mark my words. >> i feel so great. >> and mr. terrorist, you have the right to remain silent, anything you say can be used. and by the way, it if you can't afford an attorney, the american taxpayers will pay for you. and next on nanny mayor michael bloomberg's ban on large drink. the state supreme court, he's

not happy about it, may throw soda. >> this is not a joke, it's about real lives. >> sean: yeah, bet ear not drink a 32 ounce soda. later, by the way, what do you think about obama pardoning the sequester and send it go to portugal? pretty funny question. jimmy kimmel posed that question to some residents in question to some residents in mallonrothers magic? watch this -- alakazam! ♪ [ male announcer ] staples has always made getting office supplies easy. ♪ another laptop? don't ask. disappear! abracadabra! alakazam! [ male announcer ] and now we're making it easier to get everything for your business. and for my greatest trick! enough! [ male announcer ] because whatever you need, we'll have it or find it, and get it to you fast. staples. that was easy. we'll have it or find it, and get it to you fast. try running four.ning a restaurant is hard,

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>> all right. for all of you who live in new york or maybe plan on visiting new york anytime soon you can breathe a sigh of relief for now. this comes after a state supreme court judge has halted new york city nanny mayor, michael bloomberg and ban on sugary drinks that was supposed to go into effect tomorrow. the judge called his ban arbitrary and capricious. starting tomorrow it would have been illegal for vendors to sell sugary drinks more than 16 ounces, if they were caught selling the evil drinks, would have been slapped with $200 fine. this isn't the end. a few hours ago, the nanny mayor bloomberg said to fight. >> limiting size of sugary

substances is consistent with the board's decision and we believe the court will find it consistent with the the law. one of the cases we'll make in the appeals process, people are dying every day, this is not a joke, this is about real lives. >> and personal political capital and-- >> i didn't spend political capital i'm trying to do what's right. i've got to defend my children and you and everybody else and do what's right to save lives. obesity kills. there's just no question about it. >> sean: and joining me now with reaction from americans for prosperity, the one and only jennifer stefano and the national action against obesity, meme roth, don't tell me you want this. first of all, i don't need the government telling me what i can and cannot eat or put in my body. leave me alone. >> i actually agree with you of the i hate that it came to this, but it's -- the reality.

pagovian. if you make a personal choice and it affects others, and the chronic overeating. >> sean: what are you going to do. order four cokes if you want to the law is useless. >> you can if behavior psychology a bowl of candy on your desk you'll eat far more of that than six feet away on a shelf. >> sean: if i want the candy i'll walk six feet and get the candy. i don't-- >> this is about a behavioral psychology issue, but that's fine what you would do, but the numbers-- >> if you really understood behavioral psychology you'd be a committed free market warrior like i am. because true behavioral psychologists understand one thing, things have to be dictated by individuals making choices themselves. i was concerned when you asked me on because me me is pro-- or anti-obesity and i'm like the pro obesity? no, what i am is this, i'm pro common sense and more importantly than that i'm pro freedom and pro the free

market. >> i'm pro if you make a personal life decision you pick up the tab for it and that's not what's happening, billions and billions in diabetes. and obesity has become the latest entitlement program in america, i'm surprised you support it. >> sean: because the reality is i know in reality, i can't stop people from drinking 32 ounces of coke. >> we need to stop picking up the tab and let's let-- >> oh. >> if you want to be a little overweight then-- >> wait a minute, when you say that-- >> first of all, sign a disclaimer, saying that-- i'd like to finish my statement and he let now that yes, staten island is one of the boroughs, i'd like to finish my statement. which is, if you are overweight, fine. but sign a disclaimer saying you alone will pay for the consequences relate today that. we don't do that, you pay, you pay we all pay for obesity and all of us who exercise every day-- >> all right. other than banning santa claus and the girl scouts and offer

you a bite of chocolate i'm impressed. >> sean: i'm on the atkins diet. >> i paid these chocolate bars out of my own free market warrior-- >> i'm on atkins. >> i'm on stefano, if i see chocolate in front of me, i eat it. run every day. and personal responsibility. you cannot have freedom without personal responsibility. >> that's not what we have here. >> the idea of the government intervening because people aren't doing what somebody deems good or-- >> and look, it's really, really-- >> hang on, here is one other point. there are 50 million americans on food stamps, 50 million. and poverty-- >> and pay to soda and candy. >> sean: this is all the mayor has to do with his life. come on. >> menu labelling and support the soda tax. >> sean: how about salt? >> you need a tiny bit of salt to survive. >> sean: i don't need you to tell me how much, i like a lot

of of salt. >> sign a disclaimer as a result of your salt intake you'll pay for out of pocket. >> sean: how about everybody leave me alone. >> exactly, if you'll pick up the tab, but everything's being offset for other people paying. >> sean: do you really believe that the government through legislation can stop people from consuming x-number of-- >> no, i believe that industry will respond. i'm a free market person. >> sean: industry is not going to respond. >> no, you didn't let me finish. it's people, the public, the buyers demand healthier food and transparency. >> sean: i don't want healthy, i want a coke. >> and the government-- tell us what's in the food and risks are and make informed decisions. >> if meme cared about getting obese people to pay for their own things, she would have fought against obamacare. and you're fighting the wrong battle and the wrong solution, and have a hershey bar be happy. >> i'm happy i look good and feel good. >> i eat chocolate all day

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