you say it is a matter of control. she's in control. >> she's empowering them. it's power. >> thank you so much. that's it for us. thanks yor wat s for watching. i'm juan williams in for bill o'reilly. the spin stops here because we are always looking out for you. tonight on "the kelly file" -- the letter that's gone viral. a kelly file exclusive. why he calls the folks in washington clueless. plus, it is the lie of the year. >> if you like the plan you have, you can keep it. >> the campaign using obamacare to hit vulnerable democrats in the next election. people are taking the law into their own hands because of big budget cuts. breaking tonight, a decision in

the "duck dynasty" drama. good evening. i'm shannon breen in for megyn kelly. phil robert son and his family will resume the show. he was suspended for an interview with gq magazine. hi, trace. >> the hiatus lasted nine days. because the family was al hiatu hunting season, phil robertson didn't miss anything at all. a&e says in a lengthy statement that it consulted advocacy group, the family and decided to resume the show. a&e still condemns his statements but says, and i'm quoting here, "duck dynasty" isn't a show about one man's views. it resonates with a large audience. it is about a family that america has come to love. they come together to reflect and pray for unity, tolerance

and forgiveness. these are three values we at a&e networks also feel strongly about. the network also says it and the robertson family will now come together to promote tolerance. it should be noted that jesse jackson demanded a meeting with a&e. he got snubbed. no response at all. a petition to return phil robertson to a&e was signed by 250,000 christian fans. we called g.l.a.d. and the human rights campaign for a comment. so far they have not gotten back to us. shannon, season 5 of "duck dynasty" begins on january 15. >> right around the corner. trace, thank you very much. as trace mentioned we have reached out to g.l.a.d. for comment. they are working on it. we hope to bring that to you. in the meantime, tony perkins from the family research council joins us now. good to see you. are you t at all surprised by the about-face by a&e? >> not completely. it's come quicker than we

thought. obviously this is a good day. good news coming to the millions of fans of "duck dynasty." also it's good news for christians who feel they have had to supress their faith, their belief in the bible. and its truth as it pertains to morality. this shows if you stand up to cultural bullies they have to back down. >> there's been a conversation ongoing about those who because of religious faith or conviction believe in traditional marriage. they oppose homosexuality and the freedom to say it or not. where does the line on tolerance end. does it only work in one direction. there is a lot of heat but it seems this case has been a little bit of a tipping point in the cultural conversation. >> there are lessons to be learned from the cultural elite from a&e and those types and the folks in the red states aren't just consumers of products but

they are people who believe very deeply and with moral truth. they are christians who want to live out their faith. they're not going to change what they believe in. there are lessons to be learned here from christians or cultural conservatives about if you -- i would say libertarians who have to recognize that unfortunately this is not the end of the chapter. this flap is over. however, i think we have to look at what g.l.a.d. wants to do. yes, they aimed the too high to try to take out "duck dynasty." they want to silence those with whom they disagree. these bullies like g.l.a.d. have to back down.

>> new developments in the controversial spying program. a new york u.s. district court judge ruling today the surveillance program is legal. this decision comes after another federal judge in washington ruled the opposite way earlier this month. could the contact mean the issue is on the way to the supreme court. the lawsuit challenging the nsa program offering this statement on the ruling. another federal judge and the president's review group concluded last week the national security agency's bulk collection of telephone data constitutes a serious invasion of americans' privacy. we intend to appeal and look forward to making the case in the second circuit. chief legal counsel for the american center for law and justice joins us live. jay, great to see you. your take on the ruling? >> it's interesting. you have now within the last

week two significantly conflicting decisions. one out of the court that's going to be governed by the second circuit, the one today. the other from the u.s. district court which is the d.c. circuit court of appeals. that means -- i think it is fast-tracked to the supreme court. this is an important issue and a significant issue. the courts are opposed in their position. you've got one judge, john leon, saying this was an unchecked, unbridled, limitless in scope invasion of fourth amendment issues. that's the idea that you have some rights of expectation of privacy with data. then you have the judge today deciding that, in fact, this was the government's attempt to counteract al qaeda. the problem is from a legal standpoint it's limitless and the nsa program as it is now isn't focused. it's limitless. to apply these basically huge data gathering without any evidence that the person engaged

in -- that you are getting information on may have ties to a terrorist group or is making calls that meet a data requirement, those limits aren't in place. it's troubling from a constitutional perspective. these are close calls. i'm in favor of the patriot act. this is going to be a close call in the supreme court i suspect. >> there is a conversation about finding balance between protecting the country and the privacy of americans, things embedded in the fourth amendment on search and seizure. and something that americans guard closely. it's an important bedrock and unique to our society. basically what i read today is sort of the under current that i'm applying to law as it exists. congress renewed section 215. that specifically applies here numerous times. i got the feeling that the sub text was. i'm applying the law as it is written. >> he said it basically.

you're right. he said, look, his job is to determine the constitutionality of it. if there is concern about the law, and he expressed there could be serious concerns with the law. that, in fact it is the legislative branch and the president, the executive branch that have to deal with it. the issue for the american people is this. is this data-gathering the most effective way we have in combatting what i believe is an ongoing and continuing threat against the united states and our interests. i think that threat is real. the question is, is this data gathering with unbridled checks and not focused. you know, no one wants to say "profile." but when you have crimes you profile. you look for a particular potential defendant's behavior patterns. who they are, who they are associating with. that's the focus we need. the israelis are good at it. they don't have to gather data through telephony. they get it other ways. there are more effective ways

than the giant scope of data gathering and americans are concerned. it is a close call in the court. it's how we balance liberty and security. that's going to be the issue before the court of appeals and the supreme court. >> at least one supreme court justice saying he doesn't think they are the best body to decide this. they may not have a choice. good to see you. thank you very much. a developing story set to impact more than a million americans this just a few hours. while president obama is weighing in from hawaii on the end of federal emergency unemployment benefits, critics say he could have tackled the issue before his 11th hour comments today. fox news digital politics editor and host of "power play" on fox news.com live joins us from a remote location tonight. thank you for your time. what do you make of this last minute scramble over we should have done something about this?

>> first of all i'm not remote. i'm in pittsburgh. you're remote. you're in washington. you don't know what's going on. >> excellent point. >> i will say this. the president signed into law this week the budget bill hailed as the first thing to happen in a long time. the first good thing that republicans had done since teddy roosevelt left the party. now he's chagrined. he's angry. he's saddened that the law, the budget bill he signed did not include an extension of -- remember what this is. these are not unemployment benefit withes. this is a welfare program for individuals who

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untijanuary 2016. only at a sleep number store, where queen mattresses start at just $699.99. sleep number. comfort individualized. a scathing letter going viral. the open letter to house budget committee chairman paul ryan reads, you may not know us by name. we are the people who answered our nation's call. some of us at an early age to willingly serve you and those like you so you could attend college and pursue your personal

ambitions without fear of harm. that veteran joins us now. chuck wooten is a retired chief master sergeant of the united states air force. thanks for joining us. thank you for your service system you're welcome. thank you for having me. i appreciate it. >> i understand in part your letter was motivated t not only by the fact thes of what happened but by the fact that you got an e-mail asking you for a cash donation from the very people that i know in part you feel have betrayed you. >> that's exactly right. still singing from the budget announcement when i learned that the military retirement was actually on the chopping block for reductions. a day or two later i received an e-mail. it was addressed from congressman paul ryan. it was a fund-raiser. normally i would hit the delete button on those things.

for whatever reason, i just chose to make a response and let him know specifically and regardless of the power what everybody who passed this and put the language in there, exactly what they have done and the impact they have had on the servicemen and women of the united states. it's a broken trust. not much excuse for it. >> to share with folks what congressman ryan is saying, he said first of all this is delayed until 2016. there are a lot of folks on the hill talking about a fix. democrats and republicans have teed up measures they think will fix this in advance of the deadline. w we are talking about 6 billion dollars but when you are $17 trillion in debt people think you shouldn't be the ones they use to save $6 billion. >> i stand right at the front of the line. we should not be. the fact of the matter is the

american warrior has never let down the united states. we expect the same treatment and we never will let down the united states. rar regardless of what they are talking about as far as fixes go, fixes are wonderful things. what we are looking at and the support i have because of the viral letter that's gone all over the place in the last couple of days is a complete removal of that language or that provision. a partial fix which i have heard rumors of is no fix at all. anything short of that is an abject failure. we are not going to stand for it. >> you use heated words in the letter. you don't mince words at all. really taking it to congressman paul ryan. who do you think should be held responsible. >> anybody who voted yea should be held responsible. congressman ryan was on the

receiving end of what we call being chief. the reason he was is because he had the audacity or his name had the audacity to send me an e-mail. after he had just gotten done picking my pocket on the budget deal, had his hand out looking for a cash donation. i blame everyone who vote d yea without exception. >> keep us updated. our thanks to you and the other vets tonight. >> it's a pleasure. thank you so much for having me. >> new developments tonight on the knockout game and why a new case is raising growing concerns about a possible double standard. plus, is the president's signature legislative achievement coming back to haunt his own party? [ sniffles, coughs ] shhhh!

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it's the lie of the year. >> if you like the plan you have, you can keep it. >> 140,000 minnesotans have lost their coverage already. >> i received notice that my insurance no longer qualified. i have had three heart attacks in six years. health care is essential. hi life depends on it. >> that's from a series of ads using the president's signature legislative achievement to go after his fellow democrats. credit sicks say they not only seem to be working but you should expect more where that came from. richard fowler from the "richard fowl thor show."

welcome. >> what do democrats do with this ? people aren't happy. they can't sign up. the website is one thing. the actual content is another. we are told the democrats will run on this in 2014. >> they should run on this. here's why. look at this commercial. pull out the story of randy. he had three heart attacks. there are a lot of individual s like randy that never would have gotten health care without this affordable care act because of pre-existing conditions. that's no longer an issue. now randy and folks like him have access to health care. not to mention the plan that randy was probably in was sub par, didn't cover everything. didn't cover preventative care, ambulatory care, didn't cover his trip to the pt hospital if he had a heart attack at home. all of that wasn't covered. before the affordable care act the wild, wild west in the health care system. now it's regulated and that's a

good thing. >> a lot of folks want to go back to the wild, wild west and start over. admitting that there needs to be reform. no doubt about it. concerned about what they are seeing now. what i'm hearing from richard, congressman debbie wasserman schultz are doubling down and will run on this in 2014. >> i would invite them to. that would be more beneficial to the party than what we do on our own. there is no vulnerable democrat. he's a good guy, very smart. but these are the same talking points from a year ago. the reality is democrats are moving away from vulnerable red state districts in a meaningful way. the congressman who is basically the subject of the ad voted for the obamacare fix put up by fred upton when he had the opportunity. the other congressman being targeted, a new hampshire democrat, a liberal, is voting for the fix. they understand the american people no longer believe the

obamacare lies. obviously rated the number one lie by politifact. you can keep your health care, keep your doctor. people don't believe it anymore. it's affecting real people. we like to think about them in terms of politics. the actual impact hurts everyday americans who don't care if they are republican or democrat. they care if they can afford the health insurance plan. they are beginning to reject it in a meaningful way. so the swing against obamacare has occurred even among democrats by double digits. none of them in vulnerable district wills run on it. >> let me dring brink in richard. an important base for democrats has been young people. they are freaked out. a lot of them think it will fall apart. a lot of them are mad because it costs money and they are more willing to pay the fine than get insurance. much better deal for them. how do you convince them? >> there is no question it was a

botched roll out. no question this white house has to do a better job. it's beginning to communicate to young people around the country. 3 million of these young people are back on their parents' insurance. what the white house has to do is convince young people the benefit of getting health care now. you never know when you will have a pulmonary embolism, come down with cancer. now you have access to health care. not to mention the fact that i like when tony said all american. let's be specific about the facts. 85% of individuals won't be aif he canned because they are covered by health care as part of their insurance. >> we have some breaking news so we have to wrap up early. thank you very much. breaking news just coming in. the state department is confirming that four u.s. military personnel are being held tonight by the libyan government right now. also we are hearing they are working to ensure that the four

americans are released. they are in touch with the libyan government. we don't know how this has happened. there is confirmation. four u.s. military personnel in custody of the libyan government. more on this in just minutes. plus, details on how residents of one county are taking the law into their own hands after budget cuts. we're aig. and we're here. to help secure retirements and protect financial futures. to help communities recover and rebuild. for companies going from garage to global. on the ground, in the air, even into space.

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breaking news from the state department. ed henry is live on the phone with new developments we are just getting. what can you tell us? >> there have been rumors all night that there was some kind of incident inside libya that involved u.s. personnel being detained. we have confirmed that a u.s. military personnel. it is on the record from a spokesperson at the state department for secretary of state john kerry saying we can

confirm four u.s. military personnel are being held in libyan government custody. seeking to ascertain the facts and make sure they are in touch with libyan officials on this issue. you can imagine that's a big statement. my sense is they are trying to be careful because my sense is behind the scenes there is intense theg united nationss going on now. the u.s. government won't give us details about that. they want to make sure the four u.s. military personnel get out safely. get home around the holidays. they are not giving us details about which military branch it is. however i heard reporting that the u.s. military personnel are helping secure the u.s. embassy in tripoli. that would suggest it's u.s. marines. i don't have it confirmed. i want to be careful in pointing out u.s. marines typically help secure u.s. embassies around the world.

that's something we can ascertain. extremely sensitive given what happened in benghazi a year ago. this is in a different part of libya. we an tilt pate that it is in tripoli. we have no sense of why the libyan government would have detained these four military personnel. we have seen in reporting that the libyan government has been difficult in terms of oh u.s. investigation of what happened in benghazi. there have been problems already between the governments. this ises a confusing situation. it appears tonight the obama with administration is working to try to release these u.s. military personnel. >> of course that's the number one priority. ed, thank you very much for keeping us up to date. this is breaking news. we appreciate you calling in tonight. joining us now, former u.s. ambassador to the united nations and fox news contributor john bolton. what do you make of the news?

as ed pointed out there is a delicate relationship now between the u.s. and libya given the attack in benghazi that left four americans dead. what does this say to you tonight with the limited facts we know? >> delicate as well. this is the government that when the white house agreed to come into power after the overthrow of gadhafi. if this incident really is a conscious decision by the government to detain them, marine security guards. that will cause trouble for the administration in our efforts the to have libya extend control over the rest of the country which generated and the terrorist camp affiliates and the like. this could be a mistake by local police officials. it could be the marines were having a few pops. who knows at this point. i can understand why there is concern in washington that if

this is not handled it could be a major problem for the united states on the ground in libya. >> we will definitely follow up on this and keep the viewers updated. also developing, alarming news from the middle east. the nuclear chief is building new centrifuges for uranium enrichment suggesting they are going forward with it. ambassador, immediately in the wake of the deal being struck, we had iranians coming out saying, hey, it preserves our right to continue enriching. at the same time u.s. secretary of oh state john kerry saying nothing in the deal gives them the right to continue enriching. today sounds like they want to telegraph to oh the world and their people that they are moving forward. >> the deal itself says in clear language that the end state that the parties anticipate is that iran will continue to engage in

uranium enrichment. the best the state department can say is, oh, but they will foreswear enriching to weapons grade or continuing a nuclear weapons program. it's a reason why this is a wretched deal. the iranians are continuing their nuclear program, weaponization, the ballistic missile program. the concessions were superficial and easily reversible. they achieved one of the critical objectives which is getting a weakening of the international sanctions. >> i wonder if you think this will play out like the situation did with syria and with capitol hill being a check on the president's plans at least as we thought and understood that they were being hinted at. possible action in syria beyond what people were comfortable with. there was bipartisan pushback on the today we have senator robert menendez, a democrat out of new

jersey saying the iranians are showing true intentions here. he's one who signed onto the bipartisan deal for tougher sanctions in iran. something we understand behind the scenes the government lobbied not to get involved with. how tough to continue the position on iran when they have pushback from capitol hill. >> the administration has already vetoed the sanctions bill senator menendez and others on a bipartisan basis have been advocating. they don't want it to come up at all. they would prefer not to face what appears to be congressional opposition. having made the threat to veto they are bound to go ahead with it. the overall signal to iran is they've got somebody in the white house they would like to deal with quickly. they think they have a good deal. if i were iran i would say let's pick up the pace and move further. the speaker of the iranian

parliament said he wants individual negotiations with members of the security council meaning us because they think they can get a better deal from the white house than they can -- hard as it is to believe -- from the french, germans and british. >> we'll let the viewers decide how to interpret that. good to see you. thank you. >> thank you. >> the white house releases the year in review for 2013. coming up what the review package includes and interestingly doesn't include. breaking news on "duck dynasty." what it means for the robertsons and the future of their hit show. i take prilosec otc each morning for my frequent heartburn. because you can't beat zero heartburn. woo hoo! [ male announcer ] prilosec otc is the number one doctor recommended

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breaking tonight, the ducks are coming back -- all of them. "duck dynasty" will resume filming their hit show this spring. the family patriarch was suspended for controversial marks about homosexuality. we reached out to g.l.a.d. for a statement. if we get it we'll bring it to you. tonight the national security editor for "the blaze." christopher haan, radio host and aide to chuck schumer. good to see you all. >> great to be here. >> i think this is a tradition come true. >> last week i had the advantage of saying a&e is clearly going to walk back on this. there was a reason they used the

term suspended as opposed to terminated or fired. they were trying to read the political winds. the outrage they thought they would get from having somebody on a network who holds the views was nothing compared to oh the outrage they would get from silencing someone with those views. my prediction from last week was correct. i have that going for me, which is nice. >> which is nice. you shall receive complete consciousness. most of you will get -- i know you thought this would be temporary. >> absolutely. we are talking about not the first amendment here. it doesn't involve the government. but free speech. most americans want it. his family doesn't agree with with what he said. to push back and say, we are going to fire him because he said something he believes in though we don't agree with it is wrong. i agree. beyond that it's the ratings,

ratings, ratings. >> christopher for cracker barrel it was a big deal. i have never seen a switch -- a turnaround as quick as that one. they made the announcement within 24 hours. we saw them say, we made a his take. we take it back. do you think folks under estimated the fan base for "duck dynasty"? they clearly have a huge fan base. i will defend his right to say what he said. people should vote with their viewing habits on whether or not to watch it. this gives me an opportunity to test my theory. most people come out with crazy views against homosexuality and are really latent homosexuals themselves. >> no, no. >> we'll see if it's true. >> i'm letting that -- we have to let that roll like water off a duck's back. >> this is a good time to switch to the next topic. >> we'll find out.

>> 2013 was a tough year for the president. he faced challenges from the controversial government surveillance program to the rollout of obamacare and the nose diving poll numbers. when the white house posted a year in review, a thoughtful look from the president -- to highlight 2013 the challenges that impact millions of americans were conveniently left out. panel, is anyone surprised that the white house is not going to highlight its own foibles? would they get credit if they did? >> there is a difference between accentuating the good and making it up as you go along. this administration can't set up a website but they can write fiction. that's what they did here. pravda would be proud of the representation of the past year. >> oh, my. >> when you see the single biggest policy of the past five years came to fruition this year. it is a disaster for the american people. >> not a disaster. >> obamacare will only get

worse. it's the rewriting of history. amazing to watch. >> any administration at the end of the year is not going to highlight their happy new year with down side. they will play up whatever minuscule finding of some positive. they will play it up. do you expect anything else? >> dick cheney didn't put a picture of oh his friend with buckshot in his face on his christmas card. i don't expect the president to put -- >> lower than that this. i don't think so. >> look t at the good stuff. the economy is improving. unemployment is down. yes, the obamacare launch is a failure. next year if we are still talking -- >> it's the law. the law is the failure. >> so bad right now. >> the polling numbers are tough. there is a lot of skepticism about a number of things. you say the unemployment rate is down. a lot of people have given up, checked out. we have the lowest participation in the work force in a long

time. how does the administration turn it around into 2014? can they? >> if we continue to see the stock market rise and jobs created in this country, things are going to turn around. we are starting to see all the president's numbers are down. starting to see optimism return to the american people. the president has to take some credit for that. congress sure isn't getting any of it. they are not doing any of it. it was the least productive congress in many moons. things will get better in 2014. i'm optimistic, always. the president is right to highlight the good things he did this year. >> let me talk about congress for a second. congress is always the least popular institution in washington. pretty much in the world right below, you know, people who are wrestling alligators. in florida that's a popular thing. congressional polling shows that either there's been a big swing over the past couple of months or the last few weeks but the

polling has republicans continuing to inch ahead of the democrats. at least the republicans keep it together and capitalize or the public civil war takes them down. >> to go too much for it, it makes them look bad. if the republicans keep going and say this is what we are doing. they have a good shot. >> president obama is constantly running. he's an outsider in d.c. despite he's president of the united states. that gets old. for political reasons the obama administration rammed it through. >> if the republicans want to offer alternatives they have to offer alternatives. they never have. >> don't make me list the alternatives. if we are going to be fair,

there are many out there including one involving more than a hundred cosigners on the house side. they have asked for a meeting with the president. he wants to meet with anybody who has a plan to fix things. we'll see if he does. happy new year to you all. >> happy new year. >> you as well. >> up next, details on how residents of a cash-strapped county are now having to take the law into their own hands. plus, don't miss the fox news special "our story" hosted by bill hemmer. a look at the 17-year history of fox news, the number one cable station. don't misds it.

taking the law into their

own hands? some people in a cash-strapped county are doing that. trace has the details. >> when josephine county, oregon stopped getting federal subsidies for timber they tried to get a tax hike but it failed so they gutted the sheriff's department so they only handled life-threatening situations. some people thought that was a ploy to get the tax hike lifted, but one county commissioner assures people it was not. listen to him. >> there are no stinking funds. that's the problem of trying to get people to understand. there is no money. if you can find any other county in oregon with a lower tax rate there are none. we are the bottom of the bottom. >> reporter: so volunteers created a community watch group to handle nonlife threatening calls. yes, they carry guns. listen. >> our members are armed.

they are armed for self-protection and protection of the members. but the strategy is always to leave any intruder or anybody a way out. >> the county commissioner you heard earlier also carries a concealed weapon but says it is only a matter of time before one of the gun-toting volunteers gets too aggressive. listen again. >> trying to present a presence 57bd somebody gets turned on. there are many variables they do t t t not understand. that's one of the reasons why certified law enforcement officers have to go through all the training. >> here to arrest you or anything like that. it's more of the presence that we provide. a deterrent. >> everyone agrees that a fully

staffed sheriff's department here would be the best scenario. in the meantime you have a little bit of a stand-off going in oregon about who goes out and situations. >> very interesting. thank you. do not forget to go to facebook.com/the kelly file. tell us what you think about how oregon is handling the budget problems and any change of heart on "duck dynasty's" patriarch fobt. we'll be right back. phil robert. we'll be right back. ♪

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thanks for watching. we love to hear from you at home. let me know what you think on twitter. this is "the kelly file." >> they said it could not be done. they said there was not enough news to go around. nearly two decades later, fox news channel and you, our viewers, have proven them wrong. >> i'm bill hemmer. welcome to fox news. "our story." from the very beginning there's been a mission.