>> judge jeanine: they come here to kill us and we worry about what they he think of us. and america should protect you? your sons killed us. why would you give the criminals an advantage over an unarmed citizenry? get the hell out of your elitist egg head tower, put on your big boy pants. >> judge jeanine: maybe it is because of my legal training or my experience as a prosecutor judge and d.a., but to me the united states constitution is like a rock. the very foundation upon which our country is built. but america is changing. it is changing before our very eyes. our founding fathers wouldn't even recognize the america of

today. hello around welcome to "justice." i'm judge jeanine pirro. thanks for being with us tonight. it just keeps getting worse. when they started chipping away at the second amendment right to keep and bear arms, mostly gun owners like me cared. and when they started chipping away at the first amendment freedoms of the press mostly reporters cared. now, that they are chipping away at the fourth amendment right against unreasonable search and seizure of houses, papers and effects, everybody needs to care. this week began with an ugly glimpse into the mismanagement and corruption in the irs. the very agency that requires we all be clean as a whistle. and the week ended with dual revealations that our government is sur veiling virtually every one of us or at least those of us who use the phone. and then in a one-two punch that the fbi and nsa are

entrapsing through the internet without telling us, capturing audio, video, photos, e-mails and user content. but first, to the irs. now, they are not only targeting conservatives and silencing political dissent, we now know that they spent more than $50 million in two years on parties and get-togethers for themselves. our hard-earned taxpayer dollars are spent so that a bunch of irs buffoons can dance, play act, get drunk, and party like it's 1999. but not to worry, we have been told that those days are over. now, that they have been caught and there are new guidelines that have been created. i have an ade. why do -- an idea. why do we even have conferences for the government employees? put out a manual. make them read it. have a conference call.

skype. use go to meeting. send an e-mail. since when are they entitled to spend our money on two bedroom presidential suites, gifts for themselves, free food and pay speakers thousands of dollars to color in front of them? and five nights in the presidential suite and upgrades for the rest of the irsers? hell, when i worked for the government i had to buy my own coffee. and if i were the keynote the most i got was the room without the bugs or the room with the clean sheets. their arrogance is astounding. the mind blowing. it gets better, folks. these bozos say they are not even sure how much the conference cost. why? because they didn't keep the receipts and they are sorry. really? when was the last time the irs

told a target of an audit deducting a business expense for which there was no receipt no record no problem, bro, we'll overlook it? and don't tell meow can't fire these people. is it just too much trouble or do they know too much? can they point higher than themselves? the truth is the rest of us would be fired. they are running our government like a candy store while the rest of us struggle to pay the mortgage, pay the bills, and even think about a vacation. but when the president has to cut the budget in his sequester because he is spending too much money where does he cut? he cuts education. and mental health and small business and those air traffic controllers and food safety. his cuts to the irs involved customer service and tax compliance and the public wouldn't be able to get answers to their calls.

they are not even answering the phone at the irs. they are getting drunk in anaheim at that $50 million conference. but instead, the obama administration is rewarding them like sarah hall ingram. she is the one who direct the unit that targeted the obama political enemies. she is now in charge of the implementation of obamascare in the irs. like susan rice she has other obama bona fide. really you put this woman in charge of implementation of obamacare at the irs? she decides through her well earned prism of politics whether i get the mammogram or someone gets a prosthesis? and how about the other two bozos at the irs star trek conference who took gifts and food without declaring them? they are allowed to amend their

w-2s because they got caught, right. the rest of us would be indicted for tax evasion. now, they get to work in healthcare enforcement in the irs. are you starting to worry yet? but don't be worried, we are protected from those terrorists and the information that we just learned about, the collection of phone data and internet data is just routine. routine? where? in 1984? and folks, we need to trust our government. the internet stuff they are collecting is from foreign and not domestic users. rest easy, folks, the incoming international security advisor will have a key role over this. you remember her. susan rice. the one who gave us the benghazi fairytale. and soon as n is sa chief with no congressional oversight of her talking points she can say whatever her boss wants her are to say.

now, i personally don't have a problem with the patriot act. i get that law enforcement and war on terror angle. but run that one by me again. you need to know every phone call that i make to what number for how long and where i am to catch a terrorist? aren't you required so demonstrate some indicia of probable cause? all my cell phone calls you get to catch a terrorist? maybe next time you have any question about your phone bills, calls made, where when and from where and how long they lasted, don't call verizon, call your friendly g man. after all, these government men are here to help. and who collects this data? the fbi? the same guys who saw no level of suspicion in the boston bomber after a foreign government went out of its way

to tell us about him not once but twice. the same fbi that after interviewing the boston bomber said he wasn't suspicious. that let him go back to the country from which he fled political percen persecution. the same fbi that allowed him to go back through customs and then after the bombing didn't recognize him and had to put the brothers picture in the help.per to ask for our sip what, did he have a mask on when you first interviewed him? we are going to rely on the fbi that. by the way, your surveillance hasn't been too effective so far. it was a civilian that saw the blood on the tarp that led to the arrest of the boston bomber. it was the fellow passengers on the plane headed to detroit that stopped abdulmutallab.

shazad was identified by an alert street vendor. by the way, mr. president, isn't the war on terror over? you said that just the week before last and you also said don't blame blame me, bush did it. mr. obama didn't you object to bush's doing it when in truth you expanded it? if it is all legal and bush did it why is q4 director of national intelligence clueless clapper there saying we are not supposed to know about it when your defense is that we already knew about it? he said the unauthorized disclosure of this important information is represent prehencible and risks important protections for the security of americans. okay. should i now assume that the reporters who broke the story will have their heads on the obama chopping block for releasing that information that we already knew about? and since our enlightened attorney general eric holder now says the justice department goal is to prosecute government

officials and not the press does that mean you will prosecute leon panetta for leaking the name of the unit commander of seal team six instead of those who told us about our phones and e-mails? you remember leon panetta. the guy who thinks it is 1923 and a ten engine prop can't get to libya in time to save american lives. back to the surveillance. i may be picky but the pesky united states constitution requires some indicia of wrong doing before you can survail americans. i have an idea. how about we increase the size of the federal government, add another agency to oversee the possible abuse of the surveillance. and if it is essential that you have this information to protect the nation against terrorism and whether suspected terrorists have been in contact with persons inside the u.s., how is it that you missed the boston bomber and his repeated contact with jihadi mom and

dad? >> i welcome this debate. and i think it is healthy for our democracy. i think it is a sign of maturity because probably five years ago, six years ago we might not have been having this debate. >> judge jeanine: okay, it is about maturity. not about the fact that you said that our privacy need not be invaded in order to pro text us from terrorism. mr. president, does the narrative change depending on what americans find out? has our government become so political that there are no issues, only sides? you are going to protect truss terrorism. when you find out about terrorism like benghazi you don't do anything anyway. the guy you think is responsible for benghazi is still walking around in flip flops flipping us the bird drinking his strawberry cocktail and daring us to come after him. and most of the time, mr. president, you won't even call it what it is. muslim terrorists. remember that guy working at

fort hood the army psychiatrist. he killed 13 and wounded 32 of us? he is really not the a terrorist. he was just engaged in workplace violence. i have come to believe that americans trust their government is at an all-time low. the thinking is that everybody just lies. >> that is not something that i have ever been involved in. >> not wittingly. >> i have not done anything wrong. >> judge jeanine: so when the game of who is lying and who to believe i'm starting to believe that the constitution that rock has been so damaged that america truly is unrecognizable. the vision of our founding fathers has been obliterated. the shame is on all of us. more on the irs and the surveillance of our phones and internet. congressman john mica is going to be here. and what the government spying means for ordinary american citizens like you. and our insta-poll tonight.

can you trust your government. send me a message on facebook or tweet me @ judge. >> doug: mean i judge jeanine and we just might read your answers later in the show ♪ don't worry be happy ♪ [ stewart ] this is the kind of food i love to cook. i'm very excited about making the shrimp and lobster pot pie. we've never cooked anything like this before. [ male announcer ] introducing red lobster's seaside mimatch. combine any 2 of 7 exciting choices

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that means no more illegal wiretapping of american citizens. no mar international security letters to spy on citizens who are not suspected of a crime. no mar tracking citizens who do nothing more than protest a misgided war. no more ignoring the law when it is inconvenient. >> judge jeanine: that was then senator barack obama back in 2007 and this is our commander in chief now. take a list. >> you can complain about big brother and how this is a potential program run amuck. but when you actually look at the details then i think we have struck the right balance.

>> judge jeanine: wow. talk about flip flopping. with me is former nsa deputy director colonel sedrick leighton who joins us from d.c. and civil liberties attorney john katz also have d.c. thank you for joining me, yes. >> thank you. >> colonel leighton, you were in the agency, it appears that we not only didn't know about this, but we didn't know about the extent of it. i mean was this public or was this supposed to be a secret? >> it was supposed to be a secret, judge. and they informed congress through the intelligence committees, the house and senate intelligence committees and selectively cleared members within both chambers of the legislature and, of course, also the judiciary was informed because they are responsible for manning the fisa courts, the foreign intelligence and surveillance act courts set up

to run this program and to help oversee this program. >> judge jeanine: all right. and with respect to the issue of the president and what appears to be flip flopping, john, what about the fact that the fourth amendment that it sounds like he was item petting seems to have suffered now in that way that not only are people being sur veiled through the phone calls but they don't even know it. >> the fourth amendment is certainly being damaged here because the fourth amendment to the constitution says there cannot be unreasonable searches and seizures and warrants issued without probable cause. there is no probable cause here. phone and internet activity being monitored. there is no reason to do this and when sedrick says that congress knew about it he then qualified it by saying not all congress people know about it, only the congress people on the

certain committees and congress people cleared for it. that makes it all the more democratic. the congress supreme who want to reveal this who don't know about what is going on can't tell the constituency. >> judge jeanine: and the author the patriot act or one of the authors sensenbrenner says it is excessive and should have been debated. should have have been debated? >> right. certainly to john's point that it is certainly true that many of the intelligence pieces that are looked at on the hill, take precedent in what we have the clearance. and senators are clear. actually take the ability to understand what is going on in the intelligence world seriously to be frank it b. it. there is some that do. others that don't. and that may be part of the problem. it may be a problem of oversight and is also a problem where you have to in a democratic society look at

every potential aspect of what is going on here and that i think the dilemma that we face. >> judge jeanine: colonel, no question you know what you are talking about and i respect your opinion and all of us recognize when you go to an airport you have to go through the detectors but at the same time shouldn't we have known about this stuff? isn't it going a bit too far when you see that the irs tries we don't know how high up the orders came to target political dissidents. now, they have this data mining information and they say we have your photos and e-mails and you tube and this or that. it is only the foreigners and not you citizens. should i believe that, john? >> of course, not. we have thousands of members of the intelligence community who are gathering this information storing it and using it. we can't trust them any more than we can trust are the irs employees who misused information and misused their power in dealing with the right wing political groups applying

for certain types of tax free status. >> judge jeanine: this is a fascinating topic. colonel leighton and john katz, thanks for being with us this evening. >> you bet, judge. good to be with you. >> judge jeanine: soming up, with so many scandals is the president losing support from his own party? don't forget to vote in our insta-poll. can you trust our government? send me a message on facebook or tweet me @ judge jeanine. and we just might read your answer later in the show. ♪ [ ice freezing ] [ wind howling ] [ engine revving ] ♪ [ electricity crackling ] [ engine revving ]

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go to citi.com/simplicity. it's the only card that never has late fees, a penalty rate, or an annual fee, ever. so apply today. live from america's news headquarters i'm harris faulkner. a medical setback today for sarah murnigan. the 10-year-old girl waiting for a live saving lung transplant in a philadelphia hospital. earlier today doctors had to

intubeate sarah to try to keep her comfortable. one of two children who have less than week to find lungs from the adult donor list. both were placed on the list after a federal judge ruled to temporarily suspend the age restrictions for the list. president obama now enjoying a round of golf in palm springs after wrapping up 'stwo day summit with china ms leader. be one chinese official saying the it leaders quote blazed a new trail away from past differences between the two superpowers. i'm harris faulkner. now, back to "justice" with judge that mean in. for the headlines when you want them, our other news source, foxnews.com. the current count is four. four involved in scandals now in major cabinet positions. defense. state. treasury and justice. if this were the corporate world any boss with four top

deputies under scrutiny would face serious leadership questions. or the unemployment line. so what kind of leader is president barack obama? let's ask democratic strategist ryan clayton and columnist for the town hall and republican strategist, scotty nell hughes. ryan, i saw you shaking your head. is the president in trouble? >> another week, another scandal. >> judge jeanine: that is my line. >> what is really going on throughouts country if you get outside of the bubble and outside of the television studio most americans are in scandal shock. jumped the shark this time. >> judge jeanine: what does that mean? >> gone way too far. >> americans are are going congress review board whether you going to get america back to work and fix is the problems. >> introduce me to the people that want congress to get back to work. i think we elected them to get

to work in the first place. scandal is maybe breaking into you areratic office to find running against. we are dealing with people's right who have been infringed. people that sacrificed an ambassador and three former navy deals that were killed and murders. that is not scandal to me. that is betrayal. >> judge jeanine: shouldn't americans be concerned about the fact so many houses are under water, mortgages i should stay and the irs is spending our money like it is -- they are partying and getting drunk on it and staying in presidential suites injuries shouldn't americans be infuriated about that? >> there is a foreclosure epidemic in this country and unemployment emergency going on. it would behoove the people in government to start spending time energy and money and tax dollars fixing the problem. they are so obsessed with the at this time lating politics of scandal they can't see it. they are willing to sacrifice the country future to take a few cheap shots at him.

>> you are sitting here talking about the irs who is undoubtedly corrupt who is about to take care of obama care and tell me whether i go go to the doctor. we have no faith in this government or the administration? a lot of democrats seem bo be jumping ship a little. i think you have someone like manchin from west virginia who says holder should consider resigning. al gore stunned with what is going on with the surveillance stuff. conyers from michigan. cummings. obama seems to not have the credibility or the support. >> that is the intention of the people that dream up all of the scandals. the republican operatives putting this all together. >> judge jeanine: the new york times is not a republican operative. i have never seen such an incredible scathing editorial where the new york times comes out and says this guy is isn't credible. can't be sur veiling us and

spying on us. >> the shock is from the members of congress with the wiretapping scandal. they are the people that passed the patriot act which authorized the programs are now coming out against the president who is implementing the programs. >> you mean the same president that actually voted to extend them in 2011. the same president who not only did that but he said in there -- >> congress voted to extend it. >> he signed it into law. he signed it into law. >> i agree with you. >> the president is responsible for the wants and he was against them initially because bush was for them. if he really was against the patriot act he would have repealed it the first year in office when had control of both house. >> judge jeanine: i guarantee you there will be a prosecution of someone as it relates to the leaking of that because they are furious and they didn't want that information leaked and you cannot say that president obama is not responsible for the enhancement

of the patriot act. and by the way when talks about returning to his authentic self, which self-is he talking about? the one in favor of the patriot act, against the patriot act or against it once it becomes public? ryan, you got to feel like you are on the losing end of this. >> the reality whether is is a republican or democratic administration they are enforce enforcing the most unamerican piece of legislation this congress has ever passed. we just overturn that bill. it authorizes spying on american citizen. >> judge jeanine: are you saying the president is wrong in extending the patriot act that allows the spying that is going on now? answer it yes or no. >> he is implementing the policy that congress passed. >> judge jeanine: he is the president. he doesn't have to sign the law. you know it and i know it. you are answer him signing the law, yes, or no? >> put that law you back on the table in congress and overturn it and get a better program that actually ensures safety.

>> judge jeanine: are you worried about your e-mails, ryan? >> you and i are worried. >> i'm not worried about my e-mails because of what i talk about in the e-mails. >> judge jeanine: how about those pictures, ryan? >> we are living in a george orwellian novel. freedom is slavery and war is peace kind of crazy talk coming out of this surveillance state. this is george orwell 1984 crazy. >> even you are coming over to or side. >> this is a nightmare, ryan. >> your president and your -- >> your people passed it. >> and your guy didn't repeal it and he -- >> judge jeanine: oh he kay. is obama going to lose whatever hope he had for having an immigration law, second agenda law? >> wouldn't that we be convenient? what if we distract the president from addressing the actual issues like immigration and jobs and foreclosure crisis. >> judge jeanine: should the irs be investigated? should the irs be investigated,

special prosecutor? >> going in to the irs. >> judge jeanine: should they investigate the criminals? should there be a special prosecutor? >> what i will say about the irs scandal is. >> yes, or no? >> the pea that's right groups such as the ones you are involved in they are over thely political and don't serve a social welfare purpose. they are violating the law. >> judge jeanine: should there be a special prosecutor. >> and if they did not give us the material to actually have this, this would not be a debate. they gave us the substance. it is our job to make sure that you bring the truth to light. >> judge jeanine: you two are really good. ryan and scotty, we will have you back. you tonight need to be friends now. coming up, you have all seen the videos and heard the testimony. will any one actually be held accountable at the irs? and you are running out of time to tell me what you think. can you trust your government? send me he a facebook message or tweet me @ judge jeanine. ♪ i wonder whose watching me

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when did you think that something was wrong here? did you ever think something was wrong here? you are in charge. this is what is to infuriating.

you are in charge! >> while your fellow americans are losing their jobs and their health insurance and their homes you do not spend $4 million at a conference for which there is no accountability. >> judge jeanine: that was congressman jason chaffetz as well as tre gowdy from the house joa oversight. $125,000 for event planners. $17,000 for an art person. art teacher who draws while he is on stage. and $11,000 for a happiness expert. it is the public that needs the happiness expert after we see how much the irs wasted our money. with me is a former commissioner of the irs mark everson from indianapolis. all right, mark. what do you think -- >> i mean i'm kind of at a loss

for a question. are these people stupid? >> just disgraceful. i can't imagine what they were thinking, the individual yes, all of these things you -- the video, all of the things you just mentioned really undermines the agency and frankly people he's faith in government. when i was at the agency i had a deputy who oversaw the same part of the agency and he brought a turkey sandwich to lunch every day in a brown paper sack and if somebody said we want to spend $4 million and go to anaheim for a week he would have thrown them out of his office. i don't understand this at all. i really don't. >> judge jeanine: interesting. i'm looking at the conference workshop that cost 40 whatever million dollars and some of the workships say things like political savvy, how not to shoot yourself in the foot. that is a good one. as well as ethical fitness. i mean was this a joke on their

part? should a special prosecutor be appointed? >> i don't favor a special prosecutor. what i do favor is the commission everyone a favor a joint committee of congress if you will along the lines of what was done in iran contra. i think that the american people are disturbed enough and there is enough there that we need to get to the bottom tfn a bipartisan manner if you will. i'm also concerned, judge, that the tax -- the tax writing committees, ways and means and finance are going to all the other work will stop and tax reform which is so essential as you know he that will take second place to this and we he need to just investigate it thoroughly. >> judge jeanine: but a recent quinnipaac poll says 76% think a special prosecutor should be appointed to investigate them. as a former prosecutor myself i'm starting to believe this is essential because i heard the

famous little phrase no bid contracts. when you corruption, you have supreme who have to amend their w-2s because they are taking gifts that the conference. people who were spending all kinds of money on no-bid contracts, would you change your are mind having heard there were no bid contracts here? >> i think at this stage that was horrendous management is what i would say. there was a misguided effort to sort of build morale in the agency and do things like this and there is no place for that in government. >> judge jeanine: you know what, i don't really care -- you know, mark, i don't care about morale at the irs. you know, i mean they are the last people we are worrying about. but at the end of the day is any one going to get fired or is this going to be another shuffle? >> well, my understanding is that danny wuerfel initiated term nation proceedings on two individuals, the folks at the top of the business unit who accepted some food in their

suite and just really unconsciencable stuff. >> it wasn't just food in their suite. it was $1,100 worth of food and gifts. thanks for being with us. the former commissioner of the irs. coming up our creep of the week. you will not believe what the father of an assault victim was forced to endure. this is your last chance to tell me what you think. can you trust your government? send me a message on facebook or tweet me @ judge jeanine. we will read your answers at the break. ♪ i want to make things more secure. [ whirring ] [ dog barks ] i want to treat mo dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art.

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>> judge jeanine: now, for the results of our insta-poll. tonight's question was a record-breaker. we he got more responses from tonight's question can you trust your government than we have had since starting the insta-poll and the vast least say a hundred percent say no. ellen says no. government is made up of people who have foregotten they work for the people not rule the people. gerald says unfortunately, not really. however, it didn't originate with this administration they just exacerbated the problem. and harold says never could. that is why we have the second amendment. judy says i never had complete trust in our government but the past few months have confirmed my thoughts that they are not trustworthy. hi nsa, how are you doing today? and debbie says no, but i think we are just seeing the tip of

the iceberg. we would be totally shocked if we really knew what was actually going on. a different debbie writes no but it is our fault. we are supposed to keep our government honest and we don't do it. steven says no, so what do we do about it? mark says i didn't trust my government even when i worked in it. now, it is time for our creep of the week. tonight we have multiple creeps. two named but there could be up to 20 of them. they is set a new low for being a creep. the two men named jose montano and marcellus peter of california are currently on trial accused of the brutal gang rape of a 16-year-old girl who was assaulted outside her high school home coming dance. the victim was punched and dragged by up to 20 men. the first two to face trial, six men initially charged.

but as horrific as this story is, it gets even worse. it seems that one of the the rapists decided to call up the victim's father on his cell phone and brag, that is what i said, brag about the rape as it was taking place. that dad who testified this week in the trial told jurors he was on his way to school to pick up his daughter when got the call from her cell phone and why he answered a male voice described what was happening to his daughter. he said he wanted to believe that the call was a prank but when arrived at the school he saw police cars and spotted his daughter's badly injured body. montano and peter are charged with forcible rape among other charges. if convicted they face life sentences. peter says he was at the scene but only had quote a small role. montanos it attorney says his client only witnessed the assault. the two men already made plea deals that gave them 27 and 32

years behind bars. they are expected to seventh few against peter and montano. the victim doesn't remember the attack but is expected to testify at the trial. no clever quips this week. just brutal honesty. jose and marcel and whoever else was involved in this terrible attack you represent all that our society strives to rise above. that brave girl that you decided to brutalize is not afraid of you. she will take the stand and she will help prosecutors put you behind barsor with you belong. you will know the fear when you are behind bars and face the same brutality that you imposed on an innocent girl and her family. and by the way, castration wouldn't be too much. that is it for us tonight. thanks for joining us. remember, friend me on facebook, until me on twitter.

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