daily mail. i want to thank hickey freeman and skip cambert for making me look sharp every night. give them a plug for christmas. their are the best. miss megyn is next. the spin stops here. we're looking out for you. breaking tonight, new alerts from the fbi, the department of homeland security and the pentagon tonight while 6,000 marines overseas are on high alert after democrats dump hundreds of cia secrets on the senate floor raising warnings about the risk of a terrorist backlash. welcome to "the kelly file," i'm megyn kelly. the cia's use of enhanced interrogation techniques, how the cia in the aftermath of the september 11th attacks extracted secrets from the terrorists who mean to do us harm. the cia says the intel stopped terror attack, saved lives and

helped us find and kill usama bin laden. senate democrats say it's not true. they allege the cia did not learn anything of value and tarnished the reputation of the usa in the process. at the end of the day, the one thing getting some agreement, tonight americans at home and abroad are at greater risk than they were 24 hours ago. was it worth it? we have team fox coverage tonight with brit hume, mike roger, ed henry and former deputy white house press secretary bill burton. but we begin with our chief intelligence correspondent catherine herridge who is live in washington. >> reporter: on the senate floor democratic chairwoman dianne feinstein said the program shut down six years ago is a stain on america's values. >> history will judge us by our commitment to a just society governed by law and the willingness to face an ugly

truth and say never again. >> reporter: on the allegation the cia program was not effective, a former cia officer with firsthand knowledge of the interrogations says 9/11 architect khalid sheikh mohammed, one of three detainees waterboarded by the cia generated 2,000 intelligence reports, a matrix of information from khalid sheikh mohammed, his nephew and a third detainee combined with technical intelligence that identified usama bin laden's courier and their hideout in pakistan where navy s.e.a.l.s killed the terror leader in 2011. writing in "the wall street journal," george tenet, porter goss and michael hayden and their senior deputies say it fails to reveal the obvious, it took al qaeda leadership off the battlefield and that saved lives. the former directors say the program led to the capture of al qaeda's east asia chief who

was behind the attack in bali where two suicide bombers killed more than 200 people and the department of justice investigators today working for attorney general holder said they reviewed the senate investigation and found nothing new that would change their decision not to bring criminal charges against cia officers. >> it seems as though the study takes every opportunity to unfairly portray the cia in the worst light possible. presupposing improper motivations and the most detestable behavior at every turn. >> and tonight fox news confirming that the fbi and homeland security have sent a joint warning to law enforcement that the senate report could, in fact, spark violence. >> catherine, thank you. joining us now chairman of the house intelligence committee congressman mike rogers. thank you for being here tonight. so let's start with what president obama said today about why we need to release this despite your representations and the representations of others that it will put americans here and abroad at risk.

here he is. >> there's never a perfect time to release a report like this, but it was important for us, i think, to recognize that part of what sets us apart is when we do something wrong, we acknowledge it. >> your reaction, sir? >> well, this makes no sense to me whatsoever, megyn. we're a nation at war. we've got a problem with isil in iraq and eastern syria, we've got problems in yemen, we've got problems in north africa. we have u.s. personnel, both intelligence officials and our military and our special operators in harm's way, and again, when you look at why would we release it now? what did we have to gain? all of this has been debated, all of this has been settled. we understood all of that. clearly even the administration knew it was going to cause trouble. they sent out warnings all across the world to improve their security at embassies, our intelligence officials are trying to figure out how they

improve their security wherever they're operating around the world. >> so what's this about? so you tell me why. what is this about? because dianne feinstein is upset that the cia spied on congress? >> well, i mean, again that is all part of another investigation, i'm not even sure that is completely an accurate portrayal. >> wolf blitzer asked about why she was doing it and talked about how the cia has been obfuscating and how the cia has made this cost tens of millions of dollar and how the cia then spied on congress and tried to change the results here and she seemed very upset and then he asked her, to his credit, why are you doing this now when it may put american lives in danger and i want to play for the viewers what happened. here's that soundbite. >> if americans are killed as a result of this report, i assume you would feel guilty about that? >> i would feel very badly, of course. i mean, what do you think, wolf blitzer? >> so she'll feel badly, but she's doing it anyway.

>> i think this is more than the senator and the chairman of the committee. i think she's under tremendous pressure from many others in the senate who are pushing to have this report released. and really i think for all the wrong reasons. how do you look these families in the eye and say, well, we know that we've asked you to go in harm's way, we've asked you to risk your life. we're just going to make it a little more difficult because we don't want to wait a year or two years or more appropriate time maybe when we're not at war, we don't have people in harm's way to release this inflammatory report. and think about this, megyn. this is what's very concerning about this. what if ten years from now, somebody came back and said, president obama, you released gitmo prisoners to countries who were not adequately prepared to handle them. they were either abused or got someone killed. maybe we should revisit that decision and charge people with a crime. and by the way, united nations folks are already calling that

these folks should be prosecuted, another problem we have. now you have this growing problem and now you have a case officer who is working in a very dangerous place in the world who expects that the united states is going to stand with them because we've asked them to do very hard and difficult things to protect america. do they have to turn around and look back and wonder if the united states is going to be with them or in a few years they're going to get a subpoena about having to come in and testify about something their government asked them to do? >> -- worry about a person's safety. mr. chairman, great to see you tonight. joining us brit hume. they say this was the program which was authorized by the lawyers within the federal government and signed off on by the cia lawyers as well was carried out by 40 to 50 cia analysts, contractors, et cetera. now we've got thousands of troops in harm's way, many of whom had nothing to do with this.

they went to serve after. and we release this on the heels of having released it years ago. it's not new. now these men and women, their lives are in jeopardy for something they didn't do, they didn't authorize, but somebody, all the democrats namely on the senate intel committee, think it's important because -- i mean, i guess the president says it's important to admit our mistakes over and over and over again. >> this is extraordinary, megyn. there are several things here, some of which have already been touched on. but remember this document, yes, it is officially because the democrats have the majority of the committee, a committee report, but all the republicans declined to participate in this. the players who are the ones responsible for this program were not, not any of them, interviewed by the committee. this is based entirely on documents acquired by the committee. they say, they're fond of saying that dianne feinstein and others are fond of saying, well, we couldn't interview those people

because they were under justice department investigation. that investigation was concluded a couple years ago. catherine herridge pointed out to me earlier, they had the last two years when they could have interviewed the players in this. as marc thiessen said to me a few minutes ago, look, what do we just decry when "rolling stone" did it, that is a report without having ever consulted the people who are basically accused here. they didn't do that. more important than any of it, megyn, is it would be one thing to create these kinds of risks, risks which are being noted by the pentagon, rifb rifbs that noted by the state department and who called die on feinstein about the timing of all this. the risks are demonstrably real. mike rogers just referred to them as well. if this were still a practice going on that dianne feinstein was determined to take risks to stop, that would be one thing. but this stuff was all discontinued seven years ago.

president obama with his, you know, fathomless, you know, overwhelming self-regard was saying he stopped it, but it stopped before he took office. >> so what is this? >> they'd been doing these techniques for years. >> is this orthodoxy that's too tempting to review the since, if you consider this a sin, committed by some in this country and any chance to be exploited? >> look, dianne feinstein is a highly respected member of the senate and with good reason. she's been one of the senate's grown-ups, respected on both sides of the aisle for many years now. this is unlike her, the dianne feinstein we've known. the only thing i can say about it is she's mad at the cia over alleged spying on her staff while they were compiling this report, but she's been mad at the cia for a while. i don't say she did this in quite a fit of personal pique

because she's been on this for years. this does feed into party orthodoxy about the evils of the cia and all the rest of it, but it's very hard to explain dianne feinstein's behavior here. i find it striking. look, the thing about this fight, this will renew the debate over enhanced interrogation techniques, but that debate ended years ago. one side won and it was her side. in my view, this is reopening an old wound and a debate long ago settled in favor of discontinuing the practices that she now says the american people have to be told about. well, they've known about it for years. >> now, it's just been expanded upon and brought to the national forefront. >> reopened. >> and to the danger of those men and women who are serving this country right now and can do nothing about this. i mean, how would you like to have a child over there who is in harm's way who has no -- nothing -- can do nothing other than wait for an increased

attack or threat level in the wake of this decision? i got to go, brit, but i'm going to see you again very shortly. brit hume's going to join us in a bit to talk about that uva scandal he referenced. more of what the president is saying on this, plus, as i mentioned, brit will rejoin us again. coming up, stand by, coming up, we're going to talk about that university of virginia rape allegations because the school president decided to handle things in a rather interesting way when she found out there may be some real problems with this one student's account of an alleged assault at a frat house. wait until you see what she's now doing to these fraternities. a terrifying scene in a brooklyn synagogue as a knife-wielding attacker stabs an israeli student in the head as he's praying and why the nypd is now under fire for how it responded to protect against this attack. >> move,

breaking tonight, we're getting new reporting on the obama administration's internal struggle on whether they should support the senate release on enhanced interrogation. ed henry joins us now. >> good evening, megyn. you're right. the president was torn about this. one piece of this we haven't touched on yet is in his long written statement today. the president did give former president george w. bush credit and said, look, he had some agonizing decisions to make post-9/11. this president agreeing with the former president that these intelligence officials were patriots. but in the next paragraph this president said these very same patriots acted against american values. that's a contradiction. as brit hume noted, secretary of state john kerry was trying to massage the release of this when it would come out, but then today vice president biden said the opposite. he was hailing the transparency

of this. >> i think it's a badge of honor. every country, every country has engaged in activities somewhere along the line that it has not been proud of, but think about it, name me another country that's prepared to stand up and say this was a mistake. >> now, vice president biden's predecessor former vice president dick cheney is having none of that. he told "the new york times" that this report was a crock. he went on to say that the intelligence officials, quote, they deserve a lot of praise as far as i'm concerned, they ought to be decorated, not criticized. what's interesting about the split within the administration the current cia director seemed to side with cheney and not the current president, john brennan saying he believes these enhanced techniques brought in intelligence that stopped terror attacks. >> the cia has said the same, past cia operatives. joining me now bill burton,

press secretary under president obama and executive of global strat jess group. president obama came out today and said enhanced interrogations made it harder to pursue intelligence with our partners. let's assume that's true. why keep highlighting that? >> i think as you had in that clip from joe biden. it's a uniquely american thing to take something from -- something that americans did, didn't do right and actually explore it, explain it to the american people and make a clean break from the past and move forward. >> haven't we already done that? >> well, the president the very first days of his administration put an end to these enhanced interrogation techniques, but that didn't mean there didn't have to be a full accounting of information of what happened out there. >> but that all came out. this is incremental. >> that presupposes that the information that came out in this report, that none of the information in this report is new when in fact there is quite a bit of new information inside

this report that i think brings a chapter of a kind of ugly part of american history to a close. >> what about the statements from the pentagon, from the department of homeland security, that this is placing american lives at risk? those men and women who bear the uniform of the united states right now are in harm's way, not to mention those who work for the cia, that their lives are at increased danger tonight because the senate democrats felt the need to share this additional information on a program we already knew about and already stopped? >> look, i've got friends and family who are in the military right now. i've got great friends who i know are tremendous patriots who are in the cia, and i think that when you sign up for those jobs, you sign up for what is very hard, you're putting your life at risk, you are certainly putting your health at risk. they knew what they were signing up for. >> and attacked by the enemy, not an attack by senate democrats. >> this is not an attack by senate democrats. >> what if somebody loses their

life as a result of this information? i'll give you the floor, but god forbid there's some sort of a terror attack on an embassy, on a cia analyst, on an outpost, on our military, and this is cited as a reason or this is obviously an inspiration, i mean, i'm sure dianne feinstein is going to feel bad even though she didn't do the enhanced interrogation, she wasn't the one, although she was authorized -- she was briefed on it. i mean, is it worth having -- causing the loss of lives effectively? >> well, megyn, god forbid that anyone puts that on senator feinstein or puts it on anybody in the united states government if a terrorist does something horrible and takes the life of an american over information you say has already been out there or for any reason at all, that's not the fault of someone in washington, d.c., that's the fault of these crazed madmen who are out there trying to do anything to hurt americans at home and abroad. and so our fight is with those

folks. it's not with people at home who are trying to do the right thing and express american values by making sure that we're being transparent about the things that we think are important, about showing the world who america is and what we're proud of and what we're not proud of. it has nothing to do with those people, it has to do with the enemy. it's a mistake to put that on anybody in washington. should that tragedy come to pass, it would be a shame for anyone to make that case. >> bill, good to see you. >> good tyou, megyn. >> already the president is taking heat for praising the transparency of this move. you feel like if you like your plan, you can keep your plan guy, i'm not an emperor, i don't have the authority to do this immigration move. the benghazi talking points. we could go on. there's big news on actress lena dunham and her allegations she was raped by a man she called a prominent republican, and she named him. details on that.

plus -- >> drop the knife! >> why the new york city police department is now under fire for how it responded to a terrifying how it responded to a terrifying

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developing tonight, a terrifying scene at a synagogue with a knife-wielding man stabbing a student in the head while he was praying in new york city. disturbing video posted of the police and the man after the attack. we warn the audience that this may be troubling for some to watch. >> put your hands up. stand over there.

stand with your hands up. whoa, whoa. whoa, whoa. [ bleep ] knife. stay the [ bleep ] away, man. whoa, whoa. [ bleep ], [ bleep ]. drop the knife! drop the knife! drop the [ bleep ] knife! drop it! >> fox news senior correspondent eric schon joins us live. >> the apparent anti-semitic stabbing took place inside the world headquarters of a prominent religious group in brooklyn and left the attacker dead in a horrifying muddy scene from the victim's injuries. one witness said that the suspect repeatedly yelled, quote, i want to kill the jew.

and started stabbing that yeshiva student in the head with a knife as he prayed. it happened in the chabad lubavitch site. he was calvin peters of long island and he stabbed lee i have rosenblat in the right temple as he was praying. he's tonight in stable condition. peters had a history of mental illness and had been arrested 19 times. officers confronted him in that basement where they demanded that he drop that knife and peter lunged at one of the officers who then shot him. >> whoa. >> move, move, move. >> drop the [ bleep ] knife. drop the [ bleep ] knife. >> peters later died at the hospital, and some tonight are criticizing the police for shooting and killing him. but the nypd and mayor bill de blasio are praising the officers' actions saying they responded quickly to a tense and dangerous situation.

the attack echoes the murders in a jerusalem synagogue just last month when two palestinians armed with gun, knives and an ax also murdered worshipers, four of them, as they were praying and the chabad lubavitch headquarters has been targeted before during the crown heights riots in 1991 when jewish residents were attacked after a car in the motorcade accidentally ran over a child and killed that child. the protests at the time were led by the reverend al sharpton. another visiting yeshiva student was also stabbed. he died of his wounds. peters family says that mr. peters was bipolar. the family tonight said the family is shocked and disappointed by what happened and sends condolences to the wounded student. >> eric, thank you. i mean, you know the police are on solid ground when even mayor de blasio is supporting them. in an unusual encore, brit hume is next, weighing in on the

university of virginia rape accusations and how this university president has now decided to handle things and who she appears to be blaming here. plus, he's back. the former white house adviser caught on camera repeatedly calling americans stupid today had to answer to congress for those remarks under oath. and wait until you see the dramatic moment we discovered when marc thiessen join us with the full rundown just ahead. >> when did you realize that these comments are indefensible and inappropriate? >> i honestly didn't remember making them. making them. >> you didnnnnnn

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>> while the country follows the unraveling of a high profile "rolling stone" report on an alleged gang rape at the university of virginia, there was also a major reversal after a famous actress suggests she was raped by the, quote, resident conservative while going to school at oberlin college. lena dunham tells the story in her memoir, that's how it's described, then a man came forward saying he was coming under attack by people who believed he was her alleged rapist. do dunham and the publisher ignored that man until now. >> lena dunham claimedy was sexually assaulted after a party at oberlin college admitting at the time she was under the influence of drugs and alcohol. she says her attacker was a notable republican with purple boots, a mustache and a deep voice who hosted a college radio show called real talk with jimbo. she identifies him as barry. listen now to part of that audio

book. >> barry, audrey and i agreed, was creepy. in social settings he commanded attention with his aggressively masculine physicality in a voice that went barry white low. >> it turns out there was an easily identifiable conservative at the same time as lena dunham at oberlin and whose name was barry and led people to conclude he's the rapist. they say that barry is a pseudonym. other parts of the book she would say the name has been changed to protect the innocent. there was no footnote for barry. so the real barry and his lawyer contacted random house to have them alter the book and clear up the confusion. the lawyer says random house never responded until breitbart news started looking into dunham's rape claims. after a month-long investigation, breitbart couldn't find anything to support dunham's story, no one who remembered a purple boot

wearing mustacheioed radio show host. i have some news for certain news outlet. no matter how much you thump your keyboards with your meat hands we will not stop talk. random house has now agreed to change the book and to pay all of barry's legal fees. barry's attorney is far from satisfied saying, quote, lena dunham and random house allowed an innocent man to remain under a suspicion of rape when they knew the truth. megyn. >> trace, thank you. meantime at the university of virginia while the "rolling stone" magazine continues to apologize for problems with its reporting of an alleged gang rape of a freshman on campus by several members of a fraternity, the university president is standing by her decision to suspend all fraternities and sororities and in a statement yesterday she managed to squeeze in a reference to the protests over the deaths of both michael brown and eric garner as well. writing, quote, many members of our community are grieving over

the deaths of young black men in staten island and ferguson. all of you are aware of the most recent incidents affecting the university and students as a result of the article in rolling stone and its subsequent retraction. brit hume is back with us now. she not only refuses to revoke her suspension of the greek system but now she's deciding to talk about the traumatic events and she includes in that still this "rolling stone" piece, not what it's done to the university but how it shows how bad the university is and the grief. >> i find her conduct in all this absolutely inexplicable. she mentioned in this note, which is a note to parents of the university students, that the story was retracted. she later says the allegations are in dispute. and then she also says, megyn, and i quote here, i remain

sensitive to concerns about broadly indicting the entire greek system. well, she's the one who did that. when the story broke, it was about something that allegedly happened at one fraternity. she suspended for the balance of to term all of the fraternities and all the sororities obviously including nearly all of them that weren't involved in this at all and it now appears that the fraternity that was supposed to be involved wasn't either. so she said she's sensitive to that, but she has a peculiar way of showing it. she's not lifted the suspension and talking about all these practices she'll put in place next semester. there have been other incidents, the terrible case of the young woman kidnapped and they later found her remains buried far outside town. this question of personal safety is on the minds of parents and the president of the university might want to reassure them in some way. but she's talking about having an extra police that's the place

that's the heart of the school's activities. she's talking about putting uniformed people around called ambassadors, begins to sound like cuba. >> they're talking about no alcohol at any of the parties and sober monitor. it's college. she to goes on to say in any cs it can be far too easy to paint with a broad brush, nevertheless, there's great concern that a sexual predator can hide out in a fraternity, therefore that fraternal social activities pose literal dangers to their guests. >> that suggests she still believes the "rolling stone" story, and she's behaved -- although she makes passing reference to the story being retracted, she's acted as if she still believes all of it. and i should note i'm a graduate of the university of virginia. when the story first broke, i was suspicious of it, but it's been a half century since i was down there, things may have changed an awful lot since i was there.

but the story started falling apart a week ago. i might also note that on the grounds of the university, we always called the campus the grounds down there, the reaction hasn't been so far as i can see much better. the student newspaper which used to have a great reputation, the cavalier daily, went days on end, almost a week without noticing that the story was falling apart. and finally when "rolling stone" came out with its recognition that the story was badly flawed last friday, finally then the cavalier daily came out -- reported on that and then had sappy editorials over the weekend saying we must not be distracted from this by our determination to deal with -- they didn't call it an epidemic of rape but that's the implication. it has yet to shown that there's an epidemic of rape on the campus of the university of virginia but anywhere. this is an article of faith on the left and seems to have infected college campuses all over the place, i'm afraid that my old alma mater, love it

though i do, is in a grip of political correctness worse than i ever imagined. >> the stats of sexual assault on campus, how does your government define that. hhs says sexual assault can be verbal, it can be visual and, of course, anything that forces a person to join an unwanted sexual contact or unwanted sexual attention. so sexual assault can be unwanted sexual attention including voyeurism, exhibitionism when somebody exposes oneself. what's being included in sexual assault is more than what most americans would be familiar with when that term is said colloquially. quickly, brit. >> most people would find that very peculiar. >> i'll resist the urge to comment about my time in italy. great to see you, brit hume. first, he insulted americans, calling the voters

stupid. now jon gruber is asking for forgiveness. see what happened when congress had him under oath. marc thiessen is here next. >> are you stupid? >> i don't think so, no. >> does m.i.t. employ stupid people? >> not to my knowledge. >> okay. so you're a smart man who said the volkswagen golf was just named motor trend's 2015 car of the year. so was the 100% electric e-golf, and the 45 highway mpg tdi clean diesel. and last but not least, the high performance gti. looks like we're gonna need a bigger podium. the volkswagen golf family. motor trend's 2015 "cars" of the year. i have $40,ney do you have in your pocket right now? $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards

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these comments are indefensible and inappropriate? >> i honestly didn't remember making them. >> you didn't remember calling your fellow citizens stupid and you didn't remember saying that you're the only person who cares about the uninsured, that the rest of your fellow citizens don't give a damn about the uninsured? you don't remember saying that? >> i don't because they were really glib and thoughtless statements that i made. >> that was congressman trey gowdy, one of many to grill jonathan gruber on capitol hill. mr. gruber played a key role in developing obama care only to become a political pariah after he suggested repeatedly that the american voters are stupid and that was critical to the law's passage. while he's now offering a mea culpa of sorts for his glib and insults remarks, wyoming congresswoman cynthia lewis, a republican, isn't having it. watch. >> i'm on obama care. my husband was on obama care

with me. we were told that we were enrolled in obama care, then when we filed claims we were told we were not enrolled in obama care. and come to find out he didn't have all of the tests that he was advised by his physician to have. so on october 24th, a week before election, my husband went to sleep and never woke up. he had a massive heart attack in his sleep at age 65. i'm not telling you that my husband died because of obama care, but i am telling you that during the course of time that he was having tests by a physician and was told we were not covered by obama care, that he then decided not to have the last test the doctor asked him to have. and the so-called glibness that has been referenced today have

direct consequences for real american people. so get over your damn glibness. >> wow. marc thiessen is a former speech writer for george w. bush and a washington institute fellow and "washington post" columnist. wow, tough to say it better than she did. >> no, absolutely. no, look, this has real life consequences, these lies have had consequences for people. not everybody had people in their family who died but lots lost their health insurance, were told they could keep it, then lost it. these lies are real for real americans. jonathan gruber out there today, he was basically trying to resurrect his reputation. he said he was sorry, and i'm sure he's plenty sorry. he's sorry that his reputation is in tatters. this is a guy who used to sit next to the president of the united states in the oval office, he's such a pariah now that the administration actually wrote a letter to the committee demanding that he not be seated

next to the administration witness at the hearing. that's how he's fallen from grace. >> he seemed to suggest that the this was a big mistake. he talked about how it was inappropriate. it was wrong, and wanted to write off his comments as a mistake in judgment. >> yeah, you know, one comment is a mistake. there are seven gruber videos out there. seven videos in which he boasts about how stupid the american people are and how they took advantage of the stoop idty of the american people. one video was a mistake. seven is a mind-set. this is a mind-set that he and the administration brought to the only way they could pass it was by lying to us about the difficult elements of it. >> it's tough to accept his mea culpa when he continued to mislead us today. there were several examples where he was obviously caught contradicting himself as he's done many times, but i'll play one of our favorites for the

audience. stand by. >> let me be very clear, i do not think that the affordable care act was passed in a nontransparent fashion. >> lack of transparency is a huge political advantage. and basically call it the stupidity of the american voter or whatever, but basically that was really, really critical to getting the thing to pass. >> oh, we're not as stupid as you think, professor. we were able to put those two soundbites together. >> isn't it amazing? we're not that stupid after all. but he still thinks we're stupid. he literally went out today and said that he didn't say what he actually said. >> right. >> we've got video of these things. >> where did he learn that from? i know somebody who does that all the time. >> it's called the president of the united states. that's right. >> with all due respect, we're going to get into this tomorrow night, i wish we could get you tomorrow night to talk about this, but the president gave an interview with univision tonight in which he looked directly at the anchor and told him that he never said the stuff about i'm not an emperor, that the anchor had misunderstood it all, he

never claimed he didn't have the authority. i mean, they just don't care about prior videotape. >> they don't at all. and look, it's not just jonathan gruber -- let's remember barack obama told the same lies as jonathan gruber, that's really the issue here. nobody cares about jonathan gruber, he's a now washed up m.i.t. professor who is never going to get a government contract again. we care about barack obama, the president of the united states, he went out there and said over and over that it is not a tax then sent his counsel to the supreme court to say that it was. i'd like to see barack obama come out and say i'm sorry for my glib comments. why doesn't he apologize to you. >> jonathan gruber says, i wasn't an architect of this law. i barely know this law. this law that i got paid all this money to consult on. >> the father of the individual mandate. >> the administration official was like, and i don't know him. he doesn't know the law and i don't know him.

>> jonathan who? your name is? and you're with? thanks, megyn. coming up, the member of a domestic terror group convicted for murder in a crime that left two cops and a security cop dead is now asking for mercy. she wants clemency. daughter: do you and mom still have money with that broker? dad: yeah, 20 something years now. thinking about what you want to do with your money? daughter: looking at options. . . . dad: it doesn't really work that way. daughter: you sure? vo: are you asking enough questions about the way your wealth is managed? wealth management at charles schwab. up to 27% more brush movements. patented sonic technology with get healthier gums in two weeks. innovation and you philips sonicare save when you give philips sonicare this holiday season.

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bliss pounds hazy dray? drywall sh-boop leaver - murray. hey, big bog panorama corn salabaty? dude, squibble bits. mareyayzee. mormal snap jebby rolban jebby deetle flosh. [laughter] eh. now's the time to get in the loop. just look for our fall tv picks with xfinity on demand. huh. quickly find the season's hottest shows, huh. quickly find the season's hottest shows, with a handpicked collection all in one place. only from xfinity. police officers and prosecutors and the families of three murdered victims are all weighing in tonight after a domestic terrorist asks the governor of new york to grant her clemency. judith clark, a former member of the weather underground, is serving 75 years in prison after killing two cops and a security guard in a brinks armored truck robbery more than three decades ago. trace gallagher digs deeper in a

"kelly file" investigation. >> judith clark is now 64 and is supposed to stay in prison until she's 107, which is exactly how long the victims' families want her there. clark was convicted of murder in the 1981 brinks armored truck robbery, a $1.6 million heist that left two police officers and an armored guard dead. clark, who once belonged to the radical 1960s group, the weather underground, which advocated violence against the government, drove one of the getaway cars in the robbery. her supporters claim that she's a changed woman who deserves clemency because she had no part in the actual murder. they add that other more nefarious criminals convicted in the brinks robbery have already been freed. but the d.a. argues she should never see the light of freedom. in his letter to andrew cuomo he writes, no person would consider commutation or clemency for those who committed the 1993

world trade center bombing that killed six people. similarly you should not consider for this terrorist. doing so sends a message to law enforcement that their blood is not as red as other terrorism victims. the families of the officers who died during the robbery also don't believe all the suspects were captured that day and that judith clark knows more than she's letting on saying, quote, until she comes clean about the escaped murderers, any claims of being rehabilitated and remorseful ring hollow. governor cuomo's office says he cannot comment on clemency applications. >> we'll continue to follow it. trace, thanks. we'll be right back. plus, coming up on "hannity" -- >> i believe we've been thththth here's a question for you: if every driver in the u.s. kept their car's tires properly inflated, how many gallons of fuel could america save each year? up to 2 billion gallons? 4 billion? 6 billion? the answer is... up to 4 billion gallons. by keeping your tires properly inflated,

you can increase your car's fuel economy and reduce its co2 emissions. take the energy quiz -- round 2. energy lives here.

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lots of reaction to my interview with piers morgan. and there's more of our exchange online including his very frank answer to this. did you get along with everybody over there? >> most people. >> who's a diva? oh, cnn -- check it out. let me know what live from america news headquarters, getting down a

trillion dollar spending bill. to prevent that from happening, a stopgap spending bill will likely be had before the vote on the measure. gas prices expected to drive even more than first thought. predicting now the average price of gas will be 27b9 $50 a began. cam newton spending the night in the hospital. suffering fractures to his lower back following a two-vehicle crash. he's said to be in fair condition. i'm kelly wright. stay tuned for "hannity." follow me on twitte twitter @megynkelly. hannity's got rodriguez next. stay tuned. welcome to "hannity." despite warnings from laurps that the finings could put american lives at risk, the