again, thanks for watching. ms. megyn is next. i'm bill o'reilly. please always remember the spin stops here. we're definitely looking out for you. breaking tonight, we now appear to be days away from president obama bypassing congress and allowing some 5 million illegal immigrants to stay in america despite his own earlier assertions that he has no legal right to do this. good evening everyone. i'm megyn kelly. welcome to "the kelly file." president obama came out swinging dismissing threats from republican lawmakers that taking executive action on immigration would cause a constitutional crisis. he has been promises for years that he would go through congress to achieve immigration reform back in 2008 then-senator obama said he would get reform done in his first year in office if elected when in fact he was sworn into office he had large

democratic majorities in both the senate and the house. so large in fact he could have designed and passed a bill exclusively through the democrats. instead he focused on what would become his signature legislation, obamacare. by the time president obama began his second term he no longer had control of the house. he vowed again to make immigration a focus of his agenda, but then the administration turned its sights on gun control. in june 2013 the senate finally passed an immigration bill. but the house by that point said no. now after a major midterm election loss that put both the senate and the house in gop control, the president says he now plans to bypass congress altogether allowing with the stroke of a pen millions to stay in this country. despite the fact he himself has argued he does not have the power to do this. >> the notion that can i just suspend deportations through

executive order, that's just not the case because there are laws on the books that congress has passed -- there are enough laws on the books by congress that are very clear in terms of how we have to enforce our immigration system that for me simply through that order to ignore those congressional mandates to not conform with my appropriate role as president. >> joining me now chief white house correspondent ed henry. ed. >> megyn, good to see you. the president clearly doubling down. he was on offense at his news conference in burma. we're now in australia. he was holding up the example of political prison aun san si chi. as soon as he gets back home he's going to be edging closer with executive orders on immigrati immigration, which speaker john

boehner says will violate the constitution. the president arguing otherwise. listen. >> i gave the house over a year to go ahead and at least give a vote to the senate bill. they failed to do so. and i indicated to speaker boehner several months ago that if in fact congress failed to act, i would use all the lawful authority that i possess to try to make the system work better. and that's going to happen. >> every administration needs this and needs that, needs all kinds of things. and, you know, if he wants to go off on his own, there are things that he's just not going to get. >> john boehner warning there about some of the nominations the president wants in this lame duck session of congress that's going on now, but also the big one. circle on your calendar december 11th. that's when the money runs out for the federal government. the president wants to get a continuing resolution to keep that open. boehner and others warning that if he moves forward on his own, he may not get that. that will be a big political

probably obviously potentially for both sides. i'm told there's a split among president's advisers saying wait until after the budget negotiations are done. don't do this now. others are saying go forward next week as soon as you get back from australia and get this done. >> ed henry traveling with the president in australia. ed, thank you. constitutional lawyer jonathan turley has been warning about the dangers of executive overreach for years now even testifying before congress. watch. >> you have the rise of an uber presidency. there could be no greater danger for individual liberty. and i really think -- i believe we are now in a constitutional tipping point in our system. it's a dangerous point for our system to be in. he has said he's going to resolve the deadlock in congress, the division in congress, by ordering changes on his own terms as a majority of one. that's what makes it dangerous.

>> joining me now, jonathan turley, constitutional attorney and professor at george washington university. good to see you again, professor. so you have spoken out about this through president bush's years and now through president obama's years and talked about the rise of an uber presidency. is the president in your view about to violate a separation of powers if he goes ahead and does this? >> megyn, we're waiting for the details, but what i'm hearing certainly causes great concern that he will again violate separation of powers. supreme court has already ruled this president has violated the separation of powers. just took another case a week ago in the aca obamacare area about whether he had another violation in that area. and this certainly raises the same profile. the president's expressing frustration that congress is not doing what he thinks congress has to do. but of course he's a different branch. and we have three branches in this system. and no president can take on the

powers of all three branches. and that's what he seems to be doing. he certainly seems to be taking on legislative authority. he isn't being particularly coy about this. you know, he says this is what i wanted to get out of legislation. and i'm going to do it on my own. and that does become a government of run. >> right. i mean, he had control, the democrats of the house and senate, he didn't prioritize this. he didn't push for it. when the democrats lost the house, years after he decided to push for it and he couldn't get it through. it's not like he's never believed this is within congress's authority. he tried. congress said no. and who are these congressmen? not just some random people who i don't know how they wound up in washington. they're the people's representatives. they get a vote. their vote was no. and now he's just so irritated, he said too bad. i'm going to do it on my own. how can that be allowed? >> it's a very sad moment. but it's becoming a particularly

dangerous moment if the president is going to go forward particularly after this election to defy the will of congress yet again. i can understand the frustration. these are obviously two parties that are not getting along. but as you said we do have a democratic process. we have a congress that is coming in with the full voice of the american people behind them. that's what an election is. now, you may disagree with the outcome, but you have to respect the outcome. what the president's suggesting is tearing at the very fabric of the constitution. we have a separation of powers that gives us balance. and that doesn't protect the branches. it's not there to protect the executive branch or legislative branch. it's to protect liberty. it's to keep any branch from assuming so much control that they become a threat to liberty. and i'm afraid -- go ahead. i'm sorry. >> this isn't about how you feel about what should be done about the 11 million illegal immigrants living in this country. you can very much want to pass

legalization for them. you could be behind the president's original plan submitted to congress passed by the senate. what this is about is what a president gets to do when an elected branch says no to his agenda. and the framers decided that a long time ago. >> well, i think that's right. and i think what i tell a lot of my friends on the democratic side is that we will rule the day that you help create this uber presidency. it's been developing a long time. but is reaching a very dangerous point. this will not be our last president. and you may not agree with the next one. but what the democrats are creating is something very, very dangerous. they're creating a president who can go it alone. and to go it alone is something that is a very danger that the framers sought to avoid in our constitution. >> i said last night to charles krauthammer, how will they like it if they get a republican president in there who says, you know what, i don't like these laws that prevent protests outside of abortion clinics, so

i'm just going to use my discretion not to pursue any prosecutions against those people. and protest against abortion clinics grow so loud and so big that nobody can go into these clinics and get an abortion, well, so be it because that's a matter of my discretion. i mean, you have to be very careful what you wish for when empowering the executive. i want to ask you one other thing which is what should republicans, or democrats for that matter, who object to what he is likely about to do do in response? >> well, it does sound like congress is going to aggressively assert its authority through legislation and other means. what congress and what the american people have to insist on from this president is a limiting principle. what the president is saying lacks a limiting principle. he's basically saying if these reports are correct that he can claim discretion to simply not enforce a federal law. well, that comes very close if doesn't cross the line of

legislation. if a president can do that, as you've said, he can do that with environmental laws or antidiscrimination laws. the american people have got to force this issue and a, look, we may agree with you on what you're trying to do. but we don't agree how you're trying to do it. >> that's not the point. agreement on the underlying principle. if he goes ahead and does mean, obviously the next president could undo it. that might cause all sorts of logistical problems. right now senator jeff sessions going to take over as the budget committee chief says i'm going to try to deny the funding. i'm going to take away his ability to issue temporary worker cards. there's a lawsuit already pending against him. some have talked about impeaching the president. the republicans seem to feel that's too politically dangerous. so as a practical matter, is he just probably going to get away with it? >> well, i hope that he does not get away with it if what we're

talking about is a circumvention of the separation of powers. because that is the very thumping heart of our constitutional system. as for what congress can do, they have to use every resource available. the president has made a mockery of the power of the purse. you can't just rely on that. it's like running a nuclear reactor with an on/off switch. it doesn't really do what people think it does. it's very hard to use appropriations to control a president who is engaging an overreach. but you have a great array of option. and the congress appears to be exploring that. i think impeachment is the one that i would caution people not to look to in favor of some of these other options. i testified in the clinton impeachment, i represented the last judge impeached, it's not a road you want to go down unless there's any other option. >> i'm almost out of time. i've got to get this in quickly. to those who say many presidents have issued executive orders on

immigration, none near this sweeping, what say you? >> this would be unprecedented and i think it would be an unprecedented threat to the balance of powers within our system. >> jonathan turley, great to see you, sir. >> thank you, megyn. >> all the best, professor. a democratic senator who was just voted out of office, okay, this man has just been fired, is now threatening to go out with a bang. he is planning to take to the senate floor and reveal classified information about our enhanced interrogation program. experts say it could harm our national security. we'll tell you who is planning to do it, why and whether it can be stopped next. plus, there's a new video of obamacare architect jonathan gruber. i know you're shocked. this time he claims he was in the oval office with the president discussing how to trick the american public. this is him talking about his time with president obama, how they could trick the american public into accepting one of the more controversial parts of the law. >> and basically, you know, call

it the stupidity of the american voter or whatever, but basically that was really, really critical to get the thing to pass. (receptionist) gunderman group.

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when diet and exercise aren't enough, adding crestor lowers bad cholesterol up to 55%. yeah! crestor is not for people with liver disease or women who are nursing, pregnant, or may become pregnant. tell your doctor all medicines you take. call your doctor if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine, or yellowing of skin or eyes. these could be signs of serious side effects. are you down with crestor? ask your doctor about crestor. developing tonight, he just got fired by the voters in colorado. and it appears the democratic senator mark udall may go out with a bang. senator udall is a member of the senate intelligence committee and reportedly considering reading a hotly contested and

classified cia interrogation report on the senate floor. buck sexton is a former cia officer and host of the buck sexton show on the blaze radio. and mark zade is a washington, d.c. attorney specializing in national security cases. he often represents federal employees. gentlemen, thank you for being here. buck, who gives him the right to do this? the white house and dianne feinstein and the bipartisan senate committee is negotiating what should be released to the public. they say they're going to release something. and apparently senator udall decides i'm going to do it on my own if you don't do it on my timetable what's going to get revealed and do it on the senate floor. you can't come after me. >> there's no reason for it other than his apparent grand standing. he lost the war on women and now he wants to transfer it to the war on the cia. i can't imagine what he thinks, for one, is going to come out of his reading this on the floor that would actually be any way helpful to u.s. national security. there are a lot of ways i can think would be harmful. and after all the back and forth

a very partisan process i might add, republicans have bowed out of the committee. for him to do that at this point seems overtly political and self-serving, but i think that's not surprising given what we've seen from the senator in the waning days of his time in office. >> he says you can't run out the clock. he's not satisfied with dianne feinstein's timetable. she says she's getting to it. she says she's making good faith effort to take a look at what's been redacted and come up with something that would be safe for our national security analysts and others, not endanger anybody but would still satisfy the public's right to know. i mean, who is this guy who just got fired? i mean, like what could be done to stop this? to you buck and then you, mark. >> i was going to say we've waited over a decade, we can wait some more. there's no reason to jump ahead of the process here. this is already a democrat-controlled process. i don't know why he thinks feinstein's not moving fast enough. >> mark, what if anything can be done to stop him? >> well, buck's explained some of the policy issues that are

come into play. from a legal standpoint article one section six of the constitution which is the speech and debate clause effectively gives any member of congress the ability to go on the floor of the house or the senate or as part of one of their committee assignments or subcommittee assignments or use the congressional record to disclose anything they want including classified information. so it would be almost impossible to do anything to stop him. there may be some maneuvers with respect to the committees. but if he wanted to take the entire senatorture report, or he wanted to take any of snowden's documents, anything from the nsa that hasn't come to light yet publicly, he can insert it into the public record. >> and he cannot be prosecuted. he cannot be stopped legally. >> cannot be stopped. cannot be prosecuted. he could be punished through senate rules. he could be expelled -- >> he's already been fired. last six weeks of his term. >> yeah. could be censured. so it's just a stigma.

>> so, buck, if he does this, if he reads the unredacted report that reveals whatever dianne feinstein apparently doesn't think we should be revealing or the white house doesn't think we should be revealing, does he run the risk of endangering lives? >> he could absolutely. you have to wonder what is it that at this point in the game is still redacted that they're haggling over. there could be some serious concerns. it could be identities of officials involved in the process. those are the sorts of things you certainly wouldn't want exposed. i have to say at this point it seems very clear to me why he wants to do this. and as to the legality of it, there's something called -- it's not a real thing, but it's realtime declassification when a senior goes on tv or somewhere else and says something that is in fact classified and lets everybody know. there's ways to subvert and of course the president could say whatever he wants. he can actually read the realtime declassified. so these sorts of rules there's a bit of mixing and matching of

what's allowed depending on who's doing it. >> the other thing, mark, last question, if he can't get in trouble for speaking on the senate floor but he can get in trouble for leaking it. so if he leaks it to a paper, for example, might there be a way of him getting pinched for that? >> yes, absolutely. what buck's talking about, so if he read it into the record and senator back in the pentagon paper days 1971 did that for an hour and then he put the entire 47 volumes into the record. that does not declassify it. that just leaks it if he came out and he came on fox, he came on msnbc, cnn, wherever, gave it to "new york times," he could be prosecuted for that. that's outside the legislative function of speech and debate clause. but as long as he keeps his actions to the floor or the congressional record, he can do whatever he wants. and ironically if ed snowden had gone to someone like senator udall or a number of others and had tried to do it that route, it's not legal for him but it

would have been a mechanism for somebody like snowden as whether he's a whistleblower or not we can debate another day but could have gone to a member of congress to at least have gone this route. so he missed that opportunity. >> this is amazing. >> i don't think the senator is going to do this. i think this is just bluster. >> right. but he's saying he's keeping all options on the table. well, we'll look forward to that, senator. >> obama says the same thing about iran. it's not necessarily true. >> got to go. thank you, guys. we've got breaking news coming in in the deadly ferguson, missouri shooting of 18-year-old michael brown. we are getting brand new video right now of the officer darren wilson and police phone calls right after the shooting. that's next. so i can reach ally bank 24/7, but there are no branches? 24/7 it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates. celebrate what's new, with the bigger, better menu at red lobster! try our newest wood-grilled combination!

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from the world headquarters

of fox news, it's "the kelly file" with megyn kelly. a stunning legal case out of california is gaining national attention tonight after the lawyer for the state's largest public school district argued that a middle school student was mature enough to consent to having sex with her teacher. and his defense does not end there. trace gallagher live in our west coast news room tonight, trace. >> a 28-year-old math teacher had a 6-month relationship with a 14-year-old student. the teacher was caught, convicted and serving three years in prison. the girl's family sued the school district for negligence saying their daughter suffered emotional damage. but the district denied having knowledge of the relationship and suggested she knew what she was doing. attorney keith wyatt claimed the 14-year-old was mature enough to cross the street when traffic was coming, and that's more dangerous than deciding to have sex with her teacher. here's more of what he said during a radio interview.

listen. >> if she lied to her mother so she could have an opportunity to have sex with her teacher, that she went to a motel in which she engaged in voluntary consensual sex with her teacher, why shouldn't she be responsible for that? >> a teacher, a person in an authority position who is grooming a child for several months establishing a relationship with this child and then abusing this child. >> the young girl's attorney went onto call the school district's argument shocking. the attorney for the school district has now apologized saying "upon reflection i realize how insensitive the comments i made to kpcc were. and i'm truly sorry to this young woman and her family." this afternoon l.a. u.nified school district decided to cut ties with him. in california appellate courts have ruled during a civil trial you can argue that a minor can consent to having sex with an adult. so in a criminal case the age of consent is 18, but not so in a civil case in california and

several other states. megyn. >> wow. all right. trace, thank you. we'll continue to follow it. well, there is breaking news tonight in the deadly ferguson, missouri shooting of 18-year-old michael brown. we are getting brand new video of the officer darren wilson and new transcripts of the tapes right after the shooting. that's next. and he is the man who helped president obama get his signature legislation passed. now after, i don't know like 500 videos have surfaced, showing him calling americans stupid, democrats cannot run away from him fast enough. but wait until you see what a check of the white house and capitol hill visitor logs show. and wait until you hear the latest tape we found of mr. gruber. >> pretty much the same thing. you'll see. -- too stupid not to understand -- it says here that a won's sex drive increases at the age of 80. helps reduce the risk of heart disse.

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this is a fox news alert. we have breaking news right now out of ferguson, missouri. these are images from a video of police officer darren wilson at the police station they say approximately two and a half hours after the shooting. it is grainy and you cannot see much, but if you watch the video, i am told he's walking on his own accord. you cannot detect injuries from what we're seeing here. but of course we know from other reports that he reportedly did have some to his face after the altercation he had with 18-year-old michael brown who he later shot dead. the president of law enforcement legal defense fund and former assistant fbi director who served under eric holder in 2012, ron, thank you for being here. i just want to go through, this is breaking news just coming into us. this is from the post dispatch that got some information thanks to i think it's a freedom of -- or sunshine law request that they made. what i'm seeing here apologies

to the audience as this is just coming in is that in one line item it shows that indeed officer wilson did -- was notified that there were two thieves the police were looking for following a quik trip robbery of a cigar box. there had been questions earlier on in this case about whether officer wilson did or did not know that michael brown matched the description of somebody who had stolen cigars. at the time his altercation these radio calls suggest according to their reporting that they do, that he was in fact aware of that theft. in your view following the case, is that significant? >> certainly. i think each one of these small pieces helps to paint the entire picture of what happened that

day. if the officer in fact knew and this looked like a potential suspect or suspects related to the robbery, that's important information to have. >> just want to tell the audience as well that officer wilson told authorities that during the shooting he called, shots fired, send all cars on his radio. but during the struggle his radio had been jarred and the channel changed. this is the post dispatch reporting. the post dispatch reviewed the radio calls made that period on all the channels and they could not locate the call. although that is not surprising, i suppose, ron, if the reporting is that the radio had been jarred and the channel changed. >> these little nuances, megyn, are critical for the grand jury to know what was in officer wilson's head as this event was

occurring. >> it's incredible to watch as the dispatchers are speaking back and forth trying to get help, trying to get an ambulance out there. erroneous reporting that someone had been hit with a taser and then by 12:07 p.m. a woman wailing in the background as an officer called over his radio get us several more units over here. there's going to be a problem. and, boy, ron, there was a problem. and we saw days and days and days of protest. and now as we await a ruling by this grand jury which we believe could come out any day now, some time in november we've been led to believe, the attorney general of the united states is speaking out to the people of ferguson and speaking once again about the police officers in ferguson. and you are suggesting that eric holder is doing more harm than good when it comes to law enforcement. how so? >> i do believe i'm channelling some of what i hear from my friends and colleagues who were

in law enforcement that the early response to these events both by the attorney general and the president in their actions and actions they did not take or haven't taken in other circumstances telegraphed to law enforcement that this administration is not with you. i'm very concerned when i hear comments from the president or the attorney general referencing, in the attorney general's case his being car stopped by the police 30 years ago for speeding and asked if his car could be searched. he is making the leap, and it's not a very long one for a lot of people, that bias policing is alive and well in the united states. that's the answer. that's the first answer. the president made similar comments, i believe, in september to the congressional black caucus, references to walking while black or driving while black. >> why is that not appropriate if that is their experience?

i think what their defenders have said is they are trying to show empathy for people who have had those experiences to say, look, we get it. we're on top of it. you don't need to be rioting in the streets. you have folks in office who are emp thetic to the situation you're describing. >> and that is a very reasonable view. however, the other view is that these comments in conjunction with the timing of ferguson and events in ferguson and the department's practices and patterns review of the police department itself. >> right. they may be going after the department civilly. go ahead. >> the timing of that is problematic. it suggests that the law enforcement, that police generally, and there are hundreds of thousands of police out there. i've worked with them in my career, are on the streets with a bias prejudice purpose. that's terribly unfair. i think it makes the law enforcement job which is very

difficult even more difficult because this becomes the first answer for a lot of people. >> and the tensions are already beginning to rise. we reported last night on how a couple of cities in the area are advising residents to prepare, to perhaps be indoors, be stuck in their houses for several days in the wake of grand jury's ruling to get water, to get food, to bone up on supplies because this is what they see happening in ferguson after this grand jury comes back and the implication is, if it comes back with no indictment. ron, thanks for being here with your perspective. >> my pleasure. >> and speaking of eric holder, there is now as you know a nominee to replace him after he has said he's stepping down. but there are some concerns that loretta lynch might not be that much different from eric holder. considering she has been helping to advise him for about the past four years. jay christian adams is a former d.o.j. attorney and author of "injustice." let me ask you, chris, i've gone on record as, you know, an

attorney and somebody who's looked at loretta lynch not in depth, i will admit on first review she seems, and i've said this before, like the best the right could possibly hope for. do you disagree with me? >> well, a little bit. i mean, they could have nominated mark pryor. i hear he needs a job soon. but, you know, loretta lynch, one of the best things about her, she comes, megyn, from a u.s. attorney's office. a u.s. attorney office is usually a reservoir of professionalism. professionalism is in short supply at the offices in washington, d.c. of the justice department. so that's really probably her best qualification is she's from the sort of real world of the justice department. >> so what habit her concerns you? >> well, listen, al sharpton said he was going to help select this next attorney general, and he kept his promise. there are some things about her that sound a lot like eric holder when it comes to racial issues. she says, for example, voter id is a throwback to jim crow, an

effort to take away the things that martin luther king won. it's nonsense. some of the racial views she has on election issues are squarely out of the mainstream and deeply deserving of extraordinary congressional oversight in her nomination hearing. >> well, but you knew -- i mean, there was no way that president obama was going to nominate somebody who doesn't see the world and in particular voter id issues the way he does. i mean there just was no way. the question was, you know, how far to the left is he going to go? and as you well know having worked under tom perez, we've talked about him on the air many times, you tell the viewers. you know, on a scale of one to ten, if sort of one is conservative and ten is liberal, i mean, tom perez is ten, is he not and loretta lynch is some place between five and ten. >> no, tom perez is not a ten, he's a 12. tom perez would have been the

most radical attorney general the united states has ever seen. but you're right, loretta lynch is different than tom perez and therefore an improvement. all i'm saying, megyn, is congress must take serious its oversight obligation. you just talked about ferguson. there's a lawyer at the justice department still working making $160,000 a year named carla debinski. she is on the unit investigating ferguson. she was involved in gross misconduct in new orleans against police officers, rigging the outcome of that criminal prosecution. she still works at doj. will loretta lynch do anything about her? or is it win at all costs when it comes to the police? >> in particular at least take her off of the ferguson investigation where there's not even an appearance of propriety. there's no appearance of propriety in having her on that case. chris adams, good to see you. >> good to see you, megyn.

>> impartiality is the word i was looking for. coming up, how the government is using special airplanes to spy on your cell phone call. really? not going to be very interesting. it's going to be like did you pick up the baby? how about the groceries? with some people it might be. we'll investigate. yeah, you know it is. new video of obamacare architect john that you know gruber. this time he claims he was in the oval office of the president and tells us exactly what he and our president discussed about how they were going to get us to believe that obamacare was good for the american people. >> very clever, you know, basic exploitation of the lack of economic understanding of the american voter. and just give them the basics, you know. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough.

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look, you don't even have to put in your credit card information. what?! credit karma. really free credit scores. really. free. i could talk to you all day. developing tonight, there is an explosive new jonathan gruber video. this time the obamacare architect claims he was in the oval office with president obama when they decided there was no way they could be straight with the american people in selling one of the more controversial parts of the law, the so-called cadillac tax. trace gallagher explains that in our west coast newsroom. trace. >> megyn, the cadillac tax is meant to put pressure on big companies to cut back on benefits they offer their employees. if they don't cut back, the companies and employees pay higher taxes. or as jonathan gruber explained to the less intelligent, if you made it clear healthy people pay in and sick people get money,

obamacare would not have passed. during a 2012 interview with a pbs show frontline, jonathan gruber acknowledges president obama was in the room when the economist created the cadillac tax and everyone knew it would spell political trouble unless they could spin the numbers to make it more acceptable to the congressional budget office. listen. >> now, the problem is it's a political nightmare. and people say, no, you can't tax my benefits. so what we did a lot in that room was talk about how could we make this work. and obama's like, well, he's a realistic guy. look, i can't just do this. it's not going to happen politically. the bill will not pass. how can we manage to get there through phases. and he was very interested in that topic. once again, that opened theof w cadillac tax. >> a liberal online publication called talking points memo is pointing a white house administrator says jonathan gruber did not work in the white

house on obamacare. except "the kelly file" has found the white house log showing he was in the white house in july of 2009 exactly when he said he was. we've also confirmed he was in the white house again in november of 29 and 19 more times between 2011 and june of this year. >> 19 you say? i think that counts. trace, thank you. joining me now with more, jason riley, editorial board member -- what do they mean. he wasn't paid by the american people? oh, wait, he was paid $400 million but that was through hhs. they are trying to split hairs knowing this guy. they knew him, they loved him, he is critical, not only to forming the bill but coming up with it. >> exactly. and according to "new york times" not exactly a conservative publication, even in the specifics of writing the legislation with congress. so he was involved in writing the legislation and deceiving the public in selling it.

>> contrary to what nancy pelosi told us explicitly yesterday. i don't know that is. cut to nancy saying look at jonathan gruber's analysis and then she says he didn't help us write the law and then cut to the report from 2009 saying specifically he helped them write the law. here he is himself talking about how he was on loan to congress. watch. >> people don't understand this law. and it's sufficiently complicated that, you know, anything that takes two sentences to explain in america today will be shouted down by a one-sentence lie. all these lies that opponents can put out there a complicated enough bill they can get away with it. shortly after the election i worked with a transition team to help put the numbers together for the administration. and essentially most of 2009 i was really on loan from the administration for congress. >> yet none of them know who i am now. >> the paper trail is almost as long as the video trail. that's the problem. the video trail seems to be endless. number 500 -- i'm waiting.

he's such a parody of a liberal. i'm waiting for him to say this in a video where he's in the back of a limousine. it's got to be out there somewhere. i'm sure it's coming. he also wrote analysis for nancy pelosi's website when she was speaker of the house. so her claims she has no idea who he is, again, don't hold water. >> the first part of that sound bite where jonathan gruber is talking about his concern over the lie -- there are all these lies, it was a complicated enough bill they could get away with it. he was so concerned about honesty when it came to this law. >> he had to lie to the american people because if they told the truth the republicans would distort it. it's just of a piece of general con condesension. >> he talks about how the

american people are stupid. they need to be exploited to get this sort of liberal legislation that he likes through. but then he talked about in the video yesterday about how john kerry, he's smart. john kerry says you're dumb if you go to iraq, people of massachusetts are smart. they know the one massachusetts person who jonathan gruber doesn't think is smart? mitt romney. because in this tape he also says he doesn't know how smart mitt romney is, but barack obama's a quick study, has a quick silver mind and is relaxed and makes him feel nice and casual. it's like you can't write this -- >> no, you can't. he is a parody of a liberal elite. this piece with obama's comments about his critics clinging to guns and unsophisticated rubs -- that's the mindset. >> i'm going to miss jonathan gruber. he's going to start fading into obscurity now. good to see you.

the government is now apparently using special airplanes to spy on your cell phone call. oh, joy. we'll bring you that report next. i am totally blind. i lost my sight in afghanistan, but it doesn't hold me back. i go through periods where it's hard to sleep at night, and stay awake during the day. non-24 is a circadian rhythm disorder that affects up to 70% of people who are totally blind. talk to your doctor about your symptoms and learn more by calling 844-844-2424. or visit my24info.com.

we are learning more about a new secret government spy program that reportedly uses special airplanes to collect data from thousands of cell phones including those of innocent americans. chief intelligence correspondent catherine herridge just filed this report. >> megyn, the program run by the u.s. marshals service under the department of justice relies on -- equipped with a piece of technology known in law enforcement circles as a dirt box. in the process privacy rights advocates say it picks up the phone calls of law-abiding americans. as first reported by "the wall street journal," these surveillance operations are also known as man in the middle

attacks because a cell phone looks for the closest transmission tower and the dirt boxcar ried on a cessna mimics the same signal. the technology was first developed by the military intelligence community two decades ago for collecting communications overseas. and experts say virtually the same technology is now being used domestically. >> in that initial collection you're basically serving as a sponge where you're going to take thousands, potentially tens of thousands devices depending upon the type of equipment you're using as an intercept platform. >> reporter: a boeing spokeswoman declined to comment on the dirt box technology, nor did boeing provide a photo. the aclu supplied this image to fox news with the caveat that the technology has dramatically improved. >> think of this as a dragnet surveillance program. they are collecting information about a vast number of innocent people looking for that one needle in the haystack. but of course the problem is they get the whole haystack. >> there was no on-the-record comment today from the justice department, but an official said

the discussion of equipment and techniques only helps criminals and terrorist groups adding the department's programs comply with federal law including court approval. megyn. >> catherine herridge. we'll be right back. you got the? you would need like a bunch of those to clean this mess. then i'll use a bunch of them. what are you doing? dish issues? ... ... get cascade complete. one pac cleans better than six pacs of the bargain brand combined. cascade. now that's clean. this is a map of the pressure i have flat feet.t. i learned where the stress was at the dr.scholl's foot mapping center. then i got my number, which matched the custom fit orthotic inserts with the right support. go to drscholls.com for locations and save $10. i'm a believer.

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brave, and her beautiful spirit lifted all of us up. she created an online registry to help people who were sick. some say she lost her battle. i say her valiant fight was never losing. she never lost her spirit. and we will miss her. welcome to "hannity." in a moment we will introduce you to the man who killed usama bin laden. but first americans will never forget our country's darkest day back on september 11th, 2001, when 2,977 innocent people lost their lives, nor will we forget the night in may of 2011 when justice was finally served. >> this is a fox news alert. the white house is saying that president obama will be making an extraordinary