-- massage oil be? >> that's true. i gave that one time. the other one is advice books that. wouldn't be good. see you on the radio. bill: a fox news alert. u.s. embassies are on high alert. the state department warning americans working overseas to be on guard. that's where we begin. i'm bill hemmer. martha: i'm martha maccallum. reaction to this controversial report has been immediate and forceful. supporters say senator feinstein's report needed to be released in accordance with american values. but critics say it endangers american lives and cuts the cia off at it's ins. >> there may never be the right

time to release this report. but this report is too important to shelf indefinitely. >> we are a national war. we have a problem with isil in iraq and syria and north africa. we have u.s. personal, intelligence officials military and special operators in harm's way. when you look at why would we release it now? what did we have to gain? >> in this case i believe we have been thrown under the bus and the politicians are playing political football with the cia. martha: what is the white house saying the potential threat inspired by releasing this potential report. >> reporter: a senior

administration official tells us they have been preparing for the potential threat this report may bring about for five months. diplomatic missions have been identified and now that america's enemies have access to all 6,000-plus pages of this report social media is being closely monitored for any new propaganda that may pop up. there is an fbi dhs bulletin warning of more sea tracks at home and abroad. >> the taliban sped because of this report we are going to increase our attacks in afghanistan. >> reporter: this senior administration official tells us they are going to reach out to american communities abroad to tell people how to protect themselves in light of this new threat. martha: how is president obama

reacting to this? >> reporter: he says this had to come out because he thinks the cia used methods that go against american values. >> there wear lot of people who did a lot of things right and worked hard to keep us safe. but i think any fair-minded person looking at this would say that some terrible mistakes were made in allowing these kinds of practices to take place. >> reporter: so there is a big disagreement about whether these enhanced interrogation methods work, and the cia insists these methods were effective. they say they helped find bin laden. bill: three former cia directors blasting the investigation and intelligence report saying it's just plain wrong.

michael hayden says senators on the committee never talked to them. essentially a poorly done partisan attack on the agency that has don't most to protect america after the attacks of 9/11. i spoke with michael hayden a few moments ago and we'll get his comments in a matter of moments. one of the many things we discussed. martha: in the meanwhile we are seeing the fallout over the release of this report. secretary of defense chuck hagel announcing a worldwide alert for all u.s. military forces. he i have ordered all of our combatant commanders to be on high alert everywhere in the world. martha: the secretary saying

he's thankful his agency was able to redact enough material from that report so as not to put u.s. forces in more harm's way. bill: many are asking the following question. why release the report at all? steven hayes is all of them. fox news contributor. good morning to you. make sense of it. why was it put out? >> i think dianne feinstein has wanted to put this out for a long time and the democrats on the committee wanted to make their case. we have 499 pages of an executive up are you that is a prosecutor's brief. it's manhattan to be one-sided. they didn't attempt to bring in interviews with top agency officials. what surprises me about this is the mainstream media is treating this as if it is not a one-sided case and failing to even note it

was written exclusively by the democratic staff. bill: on cnn they are comparing the cia to nazis. that was used on a program das night. billr a senator from nebraska says it contains no recommendations. steve. >> i think bob kerry's piece is an important point. i agree with that. it isn't that it reveals too much or makes a broad case or encourages a debate or provide findings and recommendations, but it doesn't do any of that. it doesn't encourage debate. this is a one-sided prosecutor's

brief. >> i think the proper worked. you talk to people involved with the program and they will give you point by point exhaustive detail about exactly how the program worked. you can trace the timing of the debrief of an abu z an aabu zub. and it suggests they didn't work according to the report. bill: steven hayes, thank you out of washington this morning. martha: senator john mccain says americans deserve to know the truth and americans can and will win the war on terror using

these method. >> i know from personal experience that abuse of prisoners will produce more bad than good information. i know they will stay whatever they think their torturers want them to believe if they believe it will stop their suffering. martha: the senator was tortured for five years in captivity during the vietnam war. he says our enemies work without conscience, we must not. bill: the department of justice not expected to proceed with criminal charges. he has reviewed this evidence and said there is not enough information to bring charge. martha: they investigated at the

doj. so the it raises the question, what was the point of releasing this report at this type. also coming up this morning. top obama care architect jonathan gruber as you saw yesterday on america's newsroom was grilled by lawmakers. >> when you have the president saying if you like your plan you can keep it, it was in fact a lie, based on your up in and the data you provided this administration, is that correct? >> i interpret the president's statement refer together fact that the vast majority of americans would be abe to maintain their insurance under the affordable care act. martha: the normally outspoken gruber refusing to give details on the millions he received. bill

received.bill. the growing firestorm on cia interrogation tactics. michael hayden with respond to allegations that the pream was involved in did not work. >> these i interrogations of all the detainees gave us a hope depot-like storage of information on al qaeda on which we relied -- we are still relying on it today.

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>> does m. i am f. employ stupid people? >> not to my knowledge. >> so you are a smart man who said some as the ranking member said some really stupid things, and you said the same, correct? >> the comments i made were inexcusable. >> you remember calling your fellow citizens stupid and you don't remember saying you are the on person who cares about the uninsured and the rest of your fellow citizens don't give a damn about your fellow citizens. >> i don't. >> the so called glibness that has been referenced today have real consequences. so get off your damn

foolishness. >> the american people would like to know how' they paid you to make fun of them. how much were you paid? >> the committee can take that up with my counsel. >> you are under oath. we are asking you a simple question. you come to the committee, we ask a question, you are supposed to answer the question. how much were you paid by the taxpayers. >> the committee can take that up with my lawyer. bill: jonathan gruber saying he's not the architect of obamacare after all. jim jordan is my guest from capitol hill. good morning to you. what did you learn? we were watching that along with you. >> jonathan gruber took our money then lied to us, when obamacare became law he made fun us and bragged about it and he doesn't have th the descentsy to

tell us how much we paid him. remember the history. if you like your plan you can keep your plan, if you like your doctor you can keep your doctor. premiums will go down. the website is secure. then along comes mr. gruber who shows all the deceiving statements made. bill: why wouldn't he tell how much money he made. we were told he made between $2 million and $6 million by doing healthcare in several states across the country. >> we don't know the exact amount. i have no idea yes couldn't. maybe we have to have a subpoena to bring him back. but he took an oath to tell the whole truth and nothing but the truth. so him and his counsel.

i think he was poorly served by his counsel. everyone knows what you did and you said crazy things. why not give us the amount. but for the first time someone told the truth. he told us they had been deceiving him all along. in a strange way i appreciate the fact you are the first one to tell us the truth. bill: i don't know why it was so difficult to get an answer on the money. apparently he testified before congress before and failed to disclose he was being paid by the white house. >> that's the highest form of deception. you come in front of congress talking about the wonderful things about obamacare and don't disclose that you are being paid by the obama administration? that's the highest form of deception and that was followed by the videos. so again, as i said before -- >> let's move past that. i don't know if you have got any

answers yesterday. if you did not. what are we we left with today or going toward the new year with? >> this laugh is bad. this law doesn't work. it's driven up the cost of healthcare. we also learned yesterday we had the head of cms, they have been deceiving us as well. the $7.3 million figure of obamacare enrollees. they were counting 400,000 people on the dental plan. they save the's an innocent mistake but it's a pattern of deception we have seen from the get-go. >> bill: gruber says he's not the architect of obamacare. if he isn't, who is. >> he was at the white house 20 times. prime minister was called the architect by the "new york times." philadelphia he was opposite capitol hill to help the poor congress people get it right.

he was the man according to politico. in the oval office. but when the videos come forward the president throws him under the bus and says, oh, he was just some adviser. bill: a jments once said when a politician d a journalists michael kinsley said when a politician speaks the truth it's gaffe. >> he's the truth of that statement. martha: the house releasing a massive spending bill to avoid another government shutdown. what does $1.1 trillion buy you these days? bill: the senate intel report basically called michael hayden a liar. now michael hayden responds to that charge. >> now that we made people feel

more comfort and they are complaining we did too much to keep them safe.

>> a mom is expand a recall of faulty airbags. it's thought to be 300,000. the airbags could potentially explode on impact shooting out pieces of happen nell and debris. the issue proomght massive nationwide recall. >> back to the hill where how lawmakers reach a deal on a massive spending bill. the budget 1.1 trillion. congress has until midnight tomorrow night to finalize this plan in order to avoid another

government shutdown. byron york is cheech corresponds yernts@the washington examiner. i'm looking at the dome, i think they will spend $21 million to fix that dome. it's a big figure. where are we with all of this? >> the dome is covered in scaffolding for a while now. doesn't this seem to happen every year? they get to the point where the government is going to run out of money tomorrow at midnight. they don't pass something there will and partial shutdown. it doesn't look like it will happen. by the way, that's jus just discretionary spending. the fight has been over how republicans will respond to the president's unilateral action on immigration. do they try to do something now or do they wait until next year when they will have a majority in the senate, more members in the house. it looks like that's what they

are going to agree on. martha: it looks like the homeland security funding will go through the end of february in this current form. but there are republicans who don't want to pass this bill tomorrow night. how many of them are there and does john boehner need democrats to get this through? >> it's two bills. it would funded whole government except the department of homeland security through september of next year. as far as the homeland security department is concerned it would fund them to next february. that's when the republicans will try to strip out the funding for the president's actions. republicans want to fight it right now even though they don't have the majority in the senate. john boehner can only lose 17 republicans and still pass something if he only has republican votes. but i'm told this morning that they are confident because this

is a bipartisan agreement worked out with the senate and the house that they will get plenty of democratic votes to go with an overwhelming majority of democratic votes. we have some members ted cruz, jeff sessions, who are upset about this and want to be heard about this. but there is a sense if this can't get done by tomorrow night at midnight congress probably would pass a very short-term bill, a day, two day, a week, to keep the government funded while they fight this out and ultimately they will sign a bill pretty much like we have been talking about. martha: they are done for the holidays, right? >> some of them are looking at the weekend. bill: can you say merry christmas after that? still looking for answers more than two years after an attack on our consulate in benghazi.

a hearing about to get underway on the hill. martha: the cia is under fire after a senate committee released a controversial report of member of thisactic. committee wanted this information out there. >> the majority intelligence committee has spent the last five years and off $40 million focused on a proper that effectively ended over 8 years ago while the world around us burned.

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bring you a live report top of the hour from washington. >> we fight to defend our security. we fight also for an idea. not for a tribe or twisted interpretation of an ancient religion or for a king. but for an idea that all men are ebb do youd by their creator with inalienable rights. how much safer the world would be if all nations believed the same. how much more dangerous it can become when we forget it ourselves even momentarily. our enemy act without conscience. we must not. martha: that was senator john mccain on the floor supporting the intel community's report saying many of the practices went against american ideals and failed to gather reliable

intelligence. we are joined by dan coats. he says this was a partisan report and he does not think it should have been released. why are you again this release. >> i'm opposed to this because it was drafted by the senate democrat staff without support from republicans. it's full of inaccuracies. it states that we received no significant evidence and necessary intelligence relative to threats against americans from isis and died and other organizations and this is not true. it's been important in bringing down bin laden and this information has been out for years now. so my question is, i'm totally puzzled why it has to be released by the chairman who has been diligent and serious in having a bipartisan committee

when isis and al qaeda is going to take advantage of this. recruit people on the basis of this report. they didn't interview any witnesses. americans are put in harm. martha: here is brit hume on the one-sided nature of this report. >> they had the last two years when they could have interviewed the players in this. as mark said a few minutes ago. why don't we just decry when "rolling stone" did it. a report that comes out without consulting the people who are basically accused here. martha: in terms of congress, they came forward as if these were new revelations that come out of this report. the gangs of 8 according to the editorial in the "wall street journal" assembled by the former directors and the deputy

director of the cia. they say it's untrue that they gave varnished detail to this gang of 8. they said at the type we asked, do you have everything you need to move forward with this program. >> that raises questions about what the motive is of putting it out long after this whole thing was vetted. then this report which didn't interview any of the people involved. despite the secretary of state and the joint chiefs of staff and former intelligence directors republican and democrats. our allies who see people put at risk because of this. this is justification for al qaeda and jihaddist and terror groups using this as a basis to prompt that. i think it's irresponsible to do this at this time. martha: what do you think dianne feinstein's motivation was for all of this.

>> i know there was a lot of pressure on her from the liberal left to release this report. she has been good about trying to keep a bipartisan effort in terms of our intelligence oversight. we need to work outside of politics to be effective but this one divide us and i'm concerned it puts americans at risk. i was a former ambassador. i know what it's like to receive the messages, go to high security. you have people out i all over e country. people who wish is harm use this to put us at risk. martha: we'll look at how it ham strings our intelligence harm. dianne feinstein has always been considered as someone who straddles the fence but she was

very upset about the what she saw as an invasion of the hard drive in a cia investigation that was done that got into some senate computers, and she was very open about that. do you think that has anything to do with her wanting to get this out there now? >> that may have been part of it. obviously her staff was very upset. the cia was very injury set. they saw what the staff was doing. i think that is a separate issue about it is related. the cia apologized for that. they talked hopefully to put us in a position where we can go forward. but there was great con southern that this would beness represented and the rules were being violated in terms of the staff pursuing this. >> reporter: to me one of the most important discussion points here is the effectiveness of these programs. and that is an area that has a lot of the debate.

do you believe these programs directly led us to the apprehension of some of these high-level al qaeda operatives and the ending of these operations? >> directly led is probably too strong a word but they formed a basis of intelligence and connections that led us to the takedown of usama bin laden and led us to going after the top tier of who was doing what. to say this had no benefit for us whatsoever, i think is incorrect. martha: good to have you here today. bill: investors keeping an eye on oil prices now near a 5-year low. opec cutting its forecast and demand for the next year as cost cove reported higher than expected profits. that could be because of cheaper gas prices.

the dow closing down 51 points. we are off at the open. refusing to apologize. a former cia director fires back after a democratic senate report on the cia. this cities general michael hayden defending the program say -- this is general michael hayden saying thousands of american lives were saved because of that program. he's our guest next.

bill: several former cia directors blasting the senate report calling it an attack on the agent sill. one of those was michael hayden. general michael hayden welcome back to "america's newsroom." the report basically calls you a liar. did you lie about this? >> of course not. i was trying to explain the agency program, for the first

time to all the members of the overtight committee. the agency actually worked within the admin surprised convinced the administration that's what we had to do. what you saw yesterday was our reward. bill require's -- bill rirts'sg report. what is not accurate in the report? >> let's start at the most important bottom line. the report says we got nothing from this program. no one involved in this program can even imagine how they got to that conclusion. they took 20 case studies. they took 20 case studies and said you got nothing here that you would not have otherwise have gone the from other sources or you already got from other sources. this is obama's central intelligence agency. the agency as many as response is in 18.5 of the 20 cases they

are saying you and the horse you roa --you rode in on, we had it. bill: you are sayinged the interrogations worked? >> we got an awful lot of information. do you want to equitable over this one here or that one there. fundamentally these interrogations of all the detainees gave us a home depot-like storage of information on al qaeda on which we relied -- we are still relying on it today. bill: you are quoted as saying it led you to 8,000 intelligence reports. but the report undercuts that number. it makes the case of 0% of -- making the case that 70% of detainees produced no reports. >> one of the other disputes, we

got 8,000 intelligence reports and i said in 2006 that i had been told by agency officers about that time we fully credited 50% of our knowledge of al qaeda from detainee debriefings across the board. you equitable? i actually saw a figure that 38% of all of our reports in 2004 came from our detainees. we can argue around the edges but that's not the argument they make. the argument they make was we got zero intelligence that was not otherwise aavailable from this program. bill: did dianne feinstein and other members of congress, did they know about this system the entire time? >> not the entire time. senator feinstein did not. the congress, the gang of 4 and the gang of 8 knew this from the very beginning and cia has an

incredibly detailed documentary record of who was told what, when, and by the way, bill, what he put that on our website, cia saved lives. it's there for all to see. bill: is it true the cia kept some of this information from the white house, president bush at the time? >> we were working for the white house, at white house direction. i wasn't at ci tax whe -- i wase cia when the program got underway. but it's clear there was rich dialogue between the cia and the white house. they looked at document that president obama's administration denied them access to white house access about this. i would suspect there is a lot of information about what the white house knew and when they knew it in this this cache' of document the white house would not let them see.

bill: some media reports are comparing the cia to cambodia where 2 million people were killed by the caii ad the camir rouge. >> manage the people working to keep us safe. working with the rules as they have been defined by the american political process. it's a product, bill, of this report being so prosecutorial. this report being written as a scream rather than an historic document. read the republican minority report and read the cia rebuttal before you rush to judgment. bill: how important is it with

context given 10, 13 years ago. 3,000 dead americans, some jumping for their lives on to new york city sidewalks. >> context is very important. here we cop to a human level. human for us at the cia and human for those making this criticism. let me tell you something i never heard after 9/11. you know, guys, with regard to this terrorism thing. it's pretty important. but whatever you do, don't overreact to it. i never heard that, bill. now let me be a bit critical. now that we made everyone feel more comfortable. they stopped complaining that we are not doing enough to make them feel safe. but now that we are making them feel safe again, they are complaining we did too much. bill: we look forward to more information in the coming days and we hope you will come back

here. thank you for your time in washington. the story is not over today and not by a long shot. he made the point clearly that there is more information to come out. martha: man this year's cia work on potential plots, concerned about isis. how does this play into how you go about doing things? all of those agents and assets had approval for the projects. and they went back and forth several times to the doj. whatever you think about it morally they had all the approval they needed. judge napolitano disagrees with that. he will be here to talk about that. protesters causing gridlock on the highway. a logistical nightmare for police and emts. bill: roads turning into rivers and the worst can be yet to come.

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bill: the royals officially ending their whirlwind visit to new york city. martha: this was the early morning visit at the 9/11 museum. the duchess of cambridge placing flowers with a handwritten note in sorrowful memory of those who died on 9/11 and admiration or the courage to rebuild. bill: there was nothing to see yesterday, got a tour from the mayor bill deblasio. martha: the now they are back

home for baby george and getting ready for baby number two in april. the rain. oh, my gosh. hopefully that doesn't color their opinion of new york forever. protests over the police killing in new york and in missouri now causing major safety issues in berkeley, california. demonstrators tying up the traffic there. they made it nearly impossible to reach people in emergencies in the area. how many people have gotten caught in the middle of these protests so far? >> reporter: we have seen these protests in berkeley for four days. in that process 200 protesters have been arrested and authorities say a dozen people who needed medical help have been caught in the middle. it's become a big problem for

first responders. they give an example of a woman in labor. she got caught in stand still traffic. she had to call 911 when her contractions were 2 minutes apart. she was rushed to hospital and she did have a healthy baby girl. protesters shut down a bart station. another man suffer sad stroke inside his car as protesters powered on to an interstate. first responders say 16 people have been caught in the middle of these protests. they did get to hospital safe live but with some major delays. martha: it's against the law to block traffic. any violent protests last night? >> reporter: saturday and sunday we did see businesses broken into. there was a lot of vandalism. police officers were hurt. police were wearing riot gear

and they respond with tear gas and bean bag guns. they say they are not taking any chances after protesters have thrown rocks, bottles and ice picks at officers. >> 2 some officers have been injured with sighs picks being thrown at them. there are probably a lot of people hell bent and violence and tearing our city up and we don't want to see that happen. >> reporter: the berkeley city council had to cancel its meeting after protesters threatened to shut it down. bill: critics and there are many, slamming the effectiveness of the cia's enhanced interrogation. but new today he tails on how it led to finding usama bin laden. martha: what it has taken to

keep us safe.

>> we are back waiting for the start of two events this morning where we may learn more about a spending deal reached by congress. they will hold a news conference on their side of the story getting underway momentarily. at a press briefing scheduled at around 10:45, so we will bring you that life. see what everybody has to say about what all of that stands. and new details about the so-called torture report. did the cia help to connect and find usama bin laden? three former agency leaders speaking out today saying absolutely, they believe it did. we will go into that. brand knew our on this wednesday.

i am martha mccallum. bill: and i am bill hemmer. defendant needs on the 9/11 senate would not have found the not impersonal carrier any other way. here is michael hayden earlier this hour on "america's newsroom." >> these interrogations gave us a home depot like storage of information on al qaeda which we are still relying on today. martha: mike baker former cia covert operations officer an ana global intelligence and security firm, good morning, good to have you with us today. diane feinstein rolled out this report, what was your reaction? >> first thought was over the way washington works. good to have reports and the policies and procedures, no

doubt about that. i was hoping despite what we already knew, over five years ago the democrats talk about how to push this report. you knew what their agenda was even before they began writing, so after five years they didn't have something you would actually call and unbiased objective investigative report. this doesn't include what you would find in an investigating report. it doesn't down and say tell me about this one. what does this mean and put it all into context. martha: it is amazing, they did not talk to the people in the program at all and they claim it was under doj investigation.

a couple of years before it was finished. it would have had access to those people, a republican port came out and a cia report came out that has been released that people need to be aware of. if you are overseas getting ready for the cia at this point, how does it change? we are still in the middle of a big fight in this country, how does it impact what you will be able to do to stop the next attack on this point. >> almost three years at the end of it found no activities outside of the law. what this does is the danger here, what i do know is the most extremist will use it to generate that purpose.

self cleansing exercise on the democrats decide they want to go through, happening with a threat because of what is happening in the middle east, because of their success in recruiting locally and around the world and because of al qaeda's efforts. our tendency is to chip away at protecting ourselves from the threats. martha: and they do exist. there is an effort on the part of isis and extremist groups to get americans to pull off the tax. we are in an environment similar to what they think exists in the country. does it hamper us in any way?

>> in the will of counterterrorism you expect some visible to to happen and trying to minimize and prevent operations ever since 9/11, don't let this sort of thing happen. one of the disconnects with this report, by virtue of the way they did the report, the fact they didn't interview anyone together with them they could and let the evidence form the report, when we talk about did the program have some stats, they could have otherwise reviewed it in a deeper way.

it is the totality of the program, all the information, you go from point a to point b. but cap next the dots. bill: a lot of opinions on this. bill o'reilly says he understands report, but if the government breaks the law, he believes everybody should know about it. >> report should have been released because an open society, that being said i did say put people on alert but i think people have to be open when there are accusations a federal agency broke the law. bill: judge and napolitan and nd it broke the law. what do you think? you can throw that in. martha: they determined they did

not break the law. we have a lot to talk about with the judge coming up. bill: facilities around the world on high alert after the release of the cia report. special host committee holding a hearing and today looking at diplomatic security around the world. chief intelligence correspondent is live now in washington b. what can you expect to come out of that, kathryn? >> the chairman saying there is an inherent conflict on the story. on the one hand investor chris stevens killed in the 2012 attacks praise for his judgment and insight knowledge of libya. washington denied the request for security as conditions in benghazi hit rock bottom. >> you have an investor you trust this much as christopher stevens. why didn't you trust him when it

came to his own security? you didn't trust him for the security details extending the state. martha: these documents shared with fox news show for the first time the kitty situation was so messed up that on the day of september 11 attacks the security was operating without a valid security license. they asked about the license earlier this year, state department spokesperson insisted everything was in order, but these documents show without a doubt it was utterly wrong and misleading. bill: thank you, we will be in touch throughout the day. martha: shocking house and state lawmakers cutting it very close getting closer to making some sort of a budget deal without a shutdown of the government this was worth more than a trillion dollars and that deadline continues to loom, mike emanuel

joins us from capitol hill. what are some of the key points of the steel? >> here are some of the key points of this giant dollars plus package to fund almost all of the government through the end of the fiscal year. expect an immigration battle at that point. 64 and dollars for overseas continuecontingency options. and taking on a ball of fire at home and abroad. we will get this and other legislation done. >> we will pass the cr and we will pass the bill before we leave here this week. >> expects to hear from john boehner about moving the package forward in the house.

martha. martha: what our topo[ democras saying about it? >> they are hopeful and optimistic to get this done as well. >> there is no reason government should shut down. we are ready to pass a year-long spending bill. we have been trying to work with republican leaders to avoid a shutdown. you have to eventually take yes for an answer. >> i am hopeful the cases are emma kratz will be there in the end. martha. bill: thank you very much. who was asked about this in his report before it went public?

>> the writers of this report never talked to people involved, never talked to the legal counsel at the justice department or inside the white house involved in the preparations and rulings. bill: so was it right to put it out? the legality of this report. and then there is this. martha: and on it goes where hundreds of protesters blocked traffic, shut down commuter service during a busy rush hour in a major city. what have they got planned for today? some say it may be even more destructive. bill: finding two people trapped under a car. with it neutralizes stomach acid and is the only product that forms a protective barrier that helps keep stomach acid in the stomach where it belongs. for fast-acting, long-lasting relief. try gaviscon®.

bill: they were out in the street again last night at berkeley, california. a couple of hundred out there, fourth night in a row at the grand jury decision to shut down and neuter and amtrak train and blocked a highway. police responded with smoke canister and beanbag gun sped meanwhile organizers will try to shut down a federal building later today. martha: several members of the bush of administration defending the cia interrogations. the method works and helps to get suspect to cooperate,

hitters karl rove. >> the only talk to us when we broke their spirit and force them to cooperate. they put them in a place with a began to cooperate. martha: judge andrew napolitano joins me now. let's jump right in here, judge. you agree with this report, you think it is good they released it? >> i'm sorry this report has these awful things in it and that it happened, but i am glad it was released because like our colleague bill o'reilly, in a democracy people have the right to know what the government is doing in their name and in a democracy if the government is going to break the same laws enougitenforces on the rest of e people have the right to know that. martha: it was proven no laws were broken and they determined the same thing. they said we're not going to pursue any investigation.

>> there are admissions of lawbreaking in this report. making a political judgment it would be unwise to prosecute these people because the administration, the obama administration press his people from the bush administration, fill in the blank may prosecute the obama administration, so they have a vested interest in that. martha: they went back and forth to be sure they knew what they were doing. that person is in prison, so my question is then it becomes ethics. if it is a matter of ethics, why is now the right time given the fact our guys, men and women are still trying to collect intelligence on planned attacks at this moment, judge. >> my opinion is she will no longer be the chair of this committee in three weeks.

even though the committee. martha: even though they will get hurt in the process of this release? bill: i agree they will probably not get hurt because all of this information, the techniques of torture, enhanced interrogatio interrogation, in fact most of the people of these techniques applied to them are free. i don't think there is any news in the report of the technique. what is news is the conclusion of cia people in the cia. martha: they did not question the people running the cia at the time. >> the question the people in the investigations. they should have questioned everybody. those investigators this stuff didn't work. that is the most damning part of this. what is also damning is the allegation the cia was not candid with the congress.

congress regulates the cia. martha: which congress disagrees with precipitously. >> the congress relates the cia in secret. they have to be brutally accurate with the congress. the senator and 11 of the 15 people on the committee said the cia was not truthful. martha: the cia says that is very convenient because we told them in detail what the program was doing. -this comes down to an ethical question. so if -- >> if it is a legal question. is it torture? absolutely is. the congress cannot do something without changing the loss. martha: we kill people in these areas we think could be plotting against us, the second of the

people at risk and is that ethical? now we don't have them to question and get intelligence the way we did under the prior program. >> drones arouses the community in which the drones attack against us and create more enemies. drones have been used against americans by president obama. not by president bush in this report. that is arguably and clearly unlawful. eric holder told the president he can do that. martha: thank you very much, good to have you here today. bill: the irs give out billions of tax the dallas americans who did not qualify for it. that is your money, how does this happen and why. martha: a major storm really one state underwater and a lot more of this to come. we will tell you where you can expect that.

>> earlier i had it across the river in front of me. once they are in here, they are in. it can be pretty treacherous sometimes.

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last year to americans who did not qualify with mostly famished stickley claimed the wrong amount. fox news digital politics editor. good morning to you. let's run down the who, what, where, when, why. what is this program? >> this program provides a tax credit. for people who don't really pay taxes, they get $1000 per child. this is on top of other incentives for family-friendly tax policies. this was as part of the 2009 obama stimulus and addition to that that they got quite a lot of money. some $57.2013. inspector general report found at least 6 billion of that went to people who didn't deserve it, who hadn't earned it.

bill: that is good work if you can get it. >> a mack so they are basically cheated, but the i rest of the money anyway. >> in one year, $6 billion? >> can you imagine? that is just one programmer. can you imagine of all the trillions of dollars how much of it goes to the wrong place. $57 billion down here is nothing. we put that on lunch, cement and out of the trillions of dollars that go in and out of the irs what went to the wrong place and the wrong people. bill: the irs is to get more power and more money. >> it gets more jobs and more money. when you have what is constituted as a tax agency that does this, essentially paid welfare, the irs in charge with

regulating participation, you now have the irs charged implementing a health care law and making sure people paid their taxes and fines on that, all of that stuff hopes the agencies are on the ball. what we have seen is the agency is increased responsibilities and decreasing confidence he, that is not a good thing. the obama administration has already shown successfully scouring out the irs over the presidents political enemy, they can be running on this on 2015 because americans across the spectrum despise the irs. republicans will be running on this for sure. bill: the reverend from

washington. martha: security failures of the diplomatic coast go well beyond been got the in this case. ralph peters the way in on the disturbing worldwide. bill: where does your state rank? we will take you to jersey and beyond.

martha: we have a couple of things going on we want to alert you to. john boehner has been speaking moments ago. it continues to be underway. they reached a budget deal and now hope to move onto things they think are more important on their agenda.

also the white house where we will get an early press briefing this morning at 10:45. that is about 15 minutes away, and we will take you there as soon as we catch up. bill: hearings underway on the hill. holding the second hearing now while the foreign affairs, he gets an update on the battle against isis. it outlines an internal state department investigation that finds security gaps that u.s. diplomatic posts around the world not just bee benghazi lacg still. let's go through both of them now. the study from the state department was conducted after benghazi, not before. what does that tell you? >> they realize they have been

neglected for a long time. there are two aspects to security. the first is the obvious physical security. there is a trade-off, if you have the embassy right downtown in the capital city there is less space for blast walls and it will be more vulnerable. surrounded by acres of defensive primitive. not everybody has a car, it makes it harder to interact. cut yourself off from the population. there are always difficult trade-offs. really difficult this morning is the crucial aspect is intelligence. intelligence warnings were ignored and if you ignore the intelligence were going to be hit. this utterly bogus report, it has now further hampered the cia's ability to collect and protect our citizens.

bill: the review has not made public before undertake undertam april to october 2012 at the end of the clinton's tenure as territory of state. the state department investigators discovered numerous security inefficiencies and global hotspots in 2012 and 2013. why did we not learn lessons from 9/11 through 2012? >> institutional memory can be very short with turnover. the bottom line is the state department really does face some dilemmas. you cannot cut yourself off from your local population. this really an outlier in for which partisan bigotry and the states department ignored one intelligence warning after

another, they turned down an offer in favor of trusting the local militia because another problem is there is such a ferocious anti-u.s. military bias in the state department that that cripples it too. bill: john kerry made a headline that everybody needs to understand. what he said she said was he argues there should be no geographic limit for u.s. force anywhere in the world, and also argue ground troops should not be off the table. why is that so significant? >> again, it did go the radar because everybody was preoccupied with grumbling gruber, but in fact when the senior capital officer said three things basically, doing with the authorization of military force renewal, he said

ground troops cannot be off the table. no geographical limits. because the islamic state goes beyond that. and very importantly resisted timelines and getting troops out has been a hallmark for the obama administration so this is a profound shift. what it takes to address them, and slipping off. bill: what do you think it is, is he speaking for himself or the commander in chief? >> want to believe it is commander-in-chief to give reality, so i will go with that. bill: thank you, appreciate your time. thank you. martha: once again facing the

shooting death for the shooting of his girlfriend. the south african judge along prosecutors to appeal his conviction on the lesser charge of call bobblehead homicide. more on this sensational case. so what exactly was decided on this, greg? >> what we're learning today is the blade runner oscar pistorius is by no means out of the woods. found guilty of the south african equivalent of manslaughter. sentenced to five years in jail and could be on parole as early as next summer. this week the prosecutor argued the presiding judge misinterpreted the law. if not found guilty, it would argue oscar pistorius should be guilty of a secon second-degreer charge, that is he fired a gun four times point-blank and they should have known he was killing someone. the prosecutions was pleased.

>> it is convicted it would have been sentenced too many months. >> this was the big one. martha: what are the chances he could be convicted of this? >> have talked to a legal experts may have told me there's a very good chance he could be convicted of this murder charge and the olympic star days can be over. no new evidence introduced with the examination of how the judge will rule. widespread opinion in the legal community in south africa there was a mistake made. it could happen as early as spring and while there is a chance of that decision going to yet another court, that is a long shot and there is a firm

conviction if he is found guilty of murder would serve at least 10 years of a 15 year sentence. finally the reaction of the father says this has all gone on too long but her mother says she want to come face-to-face with this man for what he has done. martha: thanks, greg. bill: tim "time" magazine namede person of the year going to the caregivers of ebola. recognizing the scientist, workers and volunteers battling the outbreak. one of the covers features the american who survived after being infected. more than 6000 have died from the disease this year. you were thinking? martha: vladimir putin.

i don't like lithic a group of people, i like when they pick one person. it is supposed to be somebody who has a global impact and vladimir putin to be a great candidate for that. bill: protesters in ferguson were number two. he would not like my choice. martha: i like the idea. bill: it is called the sharing economy. last year there were more applications may be where you could buy into the economy than ever before. you can buy a car without going to a dealership right now part of the sharing economy. you can go right to your phone in that sharing economy a big part of our future. martha: what picture would you put on the cover of "time" magazine? bill: may be a smart phone or

something. congratulations to all dated the throw at work. martha and his blood saved so many people. it is an ongoing fight to be sure. some new reaction today from the white house when the briefing is underway in a few minutes. we don't normally gets the briefing on our show, but it is coming up. the party has failed america. what is that about? bill: two men pinned under a car. police come to the rescue. wait until you hear how police got there. ♪ [ male announcer ] it's a warning.

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bill: dramatic video as police rescue two men trapped under a car. the officer approached the vehicle and when they realize the men are trapped, they jump

into action working together to lift the car and pulled the men to safety. apparently they had been drinking. one of the men sustaining serious burns, the other had minor injuries. martha: white house press secretary set to face reporters as a daily briefing is about to get going. the controversial interrogation sets to be a big topic this morning. joined now by alan colmes and a fox news exhibitor. and former deputy assistant to president george w. bush. will try to get a couple of minutes before we had over there. i know you thought this is a good thing, correct? >> i am sick of people like john mccain and lindsey graha graham. having been there for a few years, he knows what he speaks.

martha: why now? >> because it is finished, he is ready to go. we found out how the cia lied. the fact the torture did not work, with her about things like beatings. went far beyond that which was already reported bid people talk about transparency in how the obama administration has been criticized for the lack of transparency. here is your transparency. martha: they received approval and went back to the department of justice several times to make sure they have the approval. they have never found a reason to press any charges against any of the people who carried out these techniques. where do you stand? >> this is propaganda i the senate. absolutely. a report from the senate you would in for a report would be fair and balanced. this quite the opposite, they did not interview the cia

operative, they did not conduct the type of investigation that would require interviews. there was none of that, it was based on written reports. the senate did a hatchet job on the bush administration and the cia. because they will not be in power in january. as a matter of fact, i'm talking with the release of the report and the release of the report is not take into account in order report with the cia response. martha: why would that be, brad? alan, does it bother you that did not talk to the people who carried out the programs and did not include their own senate intelligence committee colleagues? >> i think he was right to criticize a report for saying there was no recommendation. what do you do next. what are the guidelines that could come out of this. the question is is what we

reported true or untrue? should we have done those things, were we lied to, was bushman efficient lied to by the cia? all these questions are valid and should be answered. bill: according to the cia reports, they say not only did we keep the gang of eight apprised of these methods, we were quite graphic and specific with them of what these methods would be and when we shared that with them, one of the senators on the committee asked them to you have all the authority you need, is anything else he can do to help you to carry out this program. >> absolutely. i had all the information to rewrite history for their own legacy. then to listen to the general early on on the fox report when he said the interrogations were legal and authorized? the people in the senate knew it. there is nothing era called it would have liked better than to

bring those to justice who violated the law. after eight years of investigations, especially by a partisan group in the senate, there is no allegation crimes have been committed. eric holder said there will be no criminal investigation. the bottom line is we're a lot safer today, no attacks have of happened during that time. because of our interrogation methods. >> information we got come from not because of torture, and was prior to the torture. people work properly until they say getting tortured. martha: drawn the line is a legitimate question of discussion and whether or not you can do that, but the argument he put forth earlier today was that it contributed 20

called the home depot supply of data and information and links between people and it is not quite that simple that a+ b does not equal see. the information they gleaned on the whole help them to disrupt blocks and bring in additional people plotting to carry out attacks the future be at >> not because of waterboarding. we water boarded 83 times. was he a fourth time going to work? 107th time going to work? how many times we do the same thing and expecting a different result? >> you have an ethical problem the way it was carried out, but the fact remains there is no effort to prosecute even in the light of this report that has just come out because they were given a justification to carry out the program in time. >> after world war ii because at the time water torture, we executed people for that at that

time. martha: thank you very much. bill: coming up on "happening now," what are you working on? jon: we are continuing our discussion of that topic, outrage from both sides of the aisle on the release by the senate intel committee of the report on enhanced interrogation of terrace after 9/11. we'll talk to bush administration attorney general as well as advisor karl rove about that, plus, new details on the giant spending bill getting closer to the possibly of government shutdown and a new report that airlines to make 26% higher profits this year due to the falling oil prices. you think that will pass along to you? we will ask that question. bill: maybe a bag of peanuts. see you at the top of the hour. the nfl student knows the policy on personal conduct. following the ray rice scandal and why the league in salted

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we're comcast. the only isp legally bound by full net neutrality rules. bill: nfl commissioner roger goodell releasing a policy shift by police practices in new york city. union voice concerns. some candid comments from the commissioner over the nfl policy. what can you say, john? >> corporate cousins at the "wall street journal." roger goodell has obviously been under a great deal of pressure, and he told the journal "i blew it," our penalties did not match the crime. he said i'm not trying to run away from the societal problem but people hold the nfl to a

high standard and a lot of people feel with the ray rice issue in particular the nfl fell short of that standard. that is why we expect to hear from goodell today lay out a new code of conduct policy. a lot of controversy surrounding these new promos already. a long way to go before they put it in place. interestingly he revealed to the journal he talked to his family for instance as you know his wife is a former fox news anchor. he has twin 13-year-old daughters. he told them about how we didn't keep our policy up to speed and we need to fix that, part of it is what you are going to do to make it right. i consulted bill bratton new paragraph do you pull them off

the job immediately, do you oppose her own conduct, do you pay them during the investigation, do you run your own investigation rather than wait for the, justice system. apparently his answer to all of those questions was yes, so you can expect to see n.y.p.d. policies form the basis of what the nfl wants to do going forward. it will be a very interesting meeting. bill: thank you very much watching that for us. martha: there is a nasty mix of wintry weather blast in the northeast with heavy snow, freezing rain, coastal flooding. not over yet, more to come. give you 37-thousand to replace it. "depreciation" they claim. "how can my car depreciate before it's first oil change?" you ask. maybe the better question is, why do you have that insurance company?

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martha: how healthy is your state? the united health foundation releasing the 25th annual rankings, and the healthiest state is, drumroll please? hawaii. there you bo. low rates of obesity and heart

disease, everyone is so chill. everyone is hanging loose. vermont is second. number three, massachusetts where i spend a lot of time. unhealthiest is mississippi. bill: where is ohio? bret has exclusive interview with vice president dick klain any on the fox news channel, 6:00 eastern time. we have to go. go. see you on the radio. martha: bye, everybody, have a great day. ♪ jon: strong reaction to the news about the cia's harsh interrogation methods in the years after 9/11. many say that is not who we are as americans. others insist it saved american lives. welcome this edition of happening now. i'm jon scott. shannon: i'm shannon bream in for jenna lee. swift fall out 24 hours after release of the interrogation