minute of the show. good night and god bless and merry christmas and stay tuned for justice with judge jenine. ifs . hello and welcome to justice. thanks for being with us. the latest onz"z interrogation report. one guest actually says senator diane fienstein is an american hero. senator fienstein released her so-called senate intelligence report bemoaning america's treatment on gitmo detainee as a stain on our

history. my response people who kill thousands of innocent americans have no right to gentle and humane treatment and i for one will not hang my hang in shame because the cia did when the president, his cabinet and congress thought was right in a time of war, let alone apologize to those who killed us. and by calling it a torture report, the certainsenator turn enemy into the victim. >> the cia's actions a decade ago are a stain on our value and on our history. >> and now calls for criminal prosecution of the american torturers, articles on how to prosecute americans, calls to actually compensate the deta detainees and suggests the u.s. investigate us for violating international law. context, diane, context.

september 11, 2001, 3,000 of us killed in new york, washington, and pennsylvania. we don't know who the enemy is, where they are located, what their mission is, and fearing yet another attack we act to get information. rules are adopted by the president, the national security advise reporter advisor, general general and justice department while congress authorizes the use of military force. >> we asked the agency to put in place program that's were designed to catch the bastard that's killed 3,000 of us on 9/11 and make sure it didn't happen again. >> i was in new york city that sunny 9/11 morning. i had friends at the world trade center and the next day as i walked through the ashes and rubble i wondered how my friends died. were they burned alive. crushed to death dor they jump

to their death. and diane is worried about blowing cigar smoke in detainee's faces. i had a judge do that to me in the middle af trial. i got over it. these people are our enemy, they want to kill us yet you say we need to be kinder and gentler to them. should we have matinees at gitmo, how about exercise classes, one detainee now walking the streets. are you interested in saving the enemy at the expense of americans. you say one thing and support another. you support drone killings of americans without due pros he, no arrest, no trial, just kill them with a drone and you

justify the drone killings of american citizens who have gone to work with al qaeda but we can't waterboard al qaeda themselves to save an american citizen? so did we get actionable intelligence, honestly, i don't know. .net know who to believe. but what i do know is that the obama, white and erhouse and er holder were investigated and into charges ever filed. now the fact that barack obama who spent the last six years of his presidency blaming george bush for everything but his golf score didn't file charges tells me there was nothing to prosecute not to mention doing em

democrats like nancy pelosi who knew about everything and did nothing. so now why besides the obvious political gain who are is clamoring. do we even need to have this discussion and point the finger of blame at ourselves when they attacked us and our government did its best to protect us? there were no follow up attacks so what was gained. nothing knew in your report and nothing prosecutable. all you have done is create material for jihadists and perfect throw our allies under the bus yet again. i'm tired of american apologyists like you trashing those assigned to protect us, those who put their line lives

on the line like the cia and law enforcement, they not you have the high moral ground, you you and your namby-pamby hog wash. while you're at it, have you read the headlines, americans are being with by these same muslim fanatics, i think you have been in washington too long. your dangerous. simply talking to those responsible for murdering my friends and other innocent americans is naive. get out of your washington fundraisers, put on your big boy ntd pants and start drawing a moral distinction between those who live to murder americans and

innocent americans who rely on you for their safety. if you commit the ultimate crime to me you forfeit your right to freedom. we should be allowed to purge our sensible sensibilities. tell me what you think on my facebook page or twitter at judge jeanine. wa with me now under bush at the time of all this craziness, your reaction. >> it's a disaster. the cia will demoralize. had will reverbate for decades.

what we went through in the 90s with a cia that was spooked by past investigations and reluctant to stick its neck out. i think the next president will be severely handicapped by going into office with a ciaa0zrñ lik one we had in the 90s. >> with the bomb bmings in africa and the uss cole we were not even in war footing so the cia was gun shy. like talk about this issue of waterboarding was the cia given authority to do this? >> yes. >> okay. was it torture and was it illegal? >> no. and no. torture has been defined in, there was at the time one torture statue that defined it as acting under collar of law so

as to cause severe pain or suffering. mental pain and suffering was defined in durational terms, that is it had to last longer than just a short time. our navy seals are still waterboarded as part of their training. they don't endure pain, it causes panic, that's it. >> was this program ended, this waterboarding? >> the waterboarding stopped before i got to washington in 2007. i was stoled told to review ande them to find if i disageed with them, i did not disagee with them. we had already gotten so much intelligence as a result of intergating terrorists that we didn't need to waterboard any

more. there wasn't anybody around w40 needed that. >> so in 2003, i think you said, they stopped waterboarding. >> i read something that said until 2003 there was really no one in charge. it was like having a police department of the cia with no police chief is that not accurate. >> that's completely false. >> why is diane fienstein doing this, judge? >> i'm not clinically trained to psycho analyze her. >> but she believes something horrible was done. now the obama administration and eric holder and a special prosecutor file nod charges. prosecutor filed no charges. they investigated correct. >> before holder came into office he told the country a reckoning is due for these

terrible tactics and then he put john durham in place and unleashed him to conduct an investigation that lasted for three years. on a friday they released a press release saying no charges would be filed. this is after the case was investigated in the eastern district of virginia and they didn't find anything. >> what's amazing nobody has better information than you on this thing yet the obama administration is not coming ult saying the special prosecutor said nothing is there, the president now comes out saying we should be better than this. better than what? >> i give up. better than what. this is an exercisef,ñ in self-preservation. >> thank you so much for being with us. >> thanks for having me. >> your welcome. up next, she thinks the release of the report was an act of intel gritty and that sen art fienstein is an american hero

this should be good.

democrats on the senate intel committee under fire for releasing controversial previously classified cia information. my next guest thinks the release of the report is an act of integrity and that senator fienstein is an american hero. so was it the right thing to do? liberal radio host joining me now. >> thanks for having me. >> you're a lawyer, how could you think a document created without questioning at accused makes any sense at all?

>> judge, senator fienstein is an american hero and releasing this report is the best thing we can possibly do because look there's obviously controversy about what was done with all of these detainees and the best thing to do in a democratscyln) to put the information out and let the people look at it and decide whether it was appropriate or not and i think don't think it was appropriate what was done in my name is a dismal. >> so you don't think it is appropriate that people should decide. don't you think that the fact that the justice department has already investigated this, barack obama cross examinobama comes in going to straighten everything out. americans in custody about to get their heads beheaded, what's that about. >> i don't think they are saying there was no crime committed. >> they didn't prosecute. >> you're right but that doesn't

mean in was no crime committed that means they didn't have the the political will to pursue it at the justice department level. the investigation needed to be conducted and the intelligence committee was the right place to do it and just because there was no prosecution doesn't mean there was no crime but what is important is that we're getting this information out there. if you are so outrage that the report has been released than you must be outraged at what it has disclosed. >> i'm outraged thinking about which of my friends whether they jumped, burned to death or whether a plane atlanlanded on body. that's what i'm outraged about. a big stick, a gun and dungeon is not the way to solve problems, do you believe that? >> i do believe that. now, look, i don't believe 9/11 should have been met with nothing, okay.

i was a fan and supporter of the afghanistan war, i think american needed to come back with a vengeance but pulling people off the streets and putting them in a dungeon and raping them with hummus was not the way to do this. >> did they walk out alive? yes, did our people no? what is the damage what is the harm. >> because 26 people didn't even do anything by the cia's own record. so we tortured 26 people out of 119 and they were totally innocent. >> but it wasn't torture we just had the attorney general, he and ash croft approved it i just had the man here. >> when atñeaashcroft approved he was inzfzi the hospital on sedatives. >> so what he did was let comby

decide, and obama now has him the head of the fbi that tells me if there were anything wrong it boent done. let me ask one more question. we didn't know who they were, who hit them. i saw the plane go into the building and people said it was a small plane, how are we supposed to get information? >> by the way that we have always conducted intelligence work by investigating. look, look, look, when i was in school we learned about what the nazi's did in the holocaust they tortured people, we were taught that beating them until they talked is what the bad guys did and we're the good guys we're supposed to be better than that. >> i don't want to better than them if they are going to kill me. you want to the talk about the

nazi, do you think if we left hitler alone 6 million jews would not have died. if we didn't kill them they would have continued to kill us. love to have you with us. got to go.>z1)ñ53g a new report coming up on isis brutality this time against christian chchchchchch

. tonight a report of four christian children beheaded at the hand of isis militants in iraq. the children were murdered because they were refused to denounce jesus and convert to islam.

with me father, the killings happened in a christian area controlled by isis. all of the children were under 15 refused to say they would follow mooumd what do you know about this. >> they basically tell christians either convert or we will kill you. many of them fled but these unfortunate victims in the baghdad area couldn't flee, they are kids, for crying out loud and the idea that you convert religion or death, it is a horrendous crime. >> i say to myself these people are ífw>çpsychopaths but that i easy sf easy. >> it is too easy. this is saying islam is the only religion everything else is false and if you don't agree

we're going to kill you. this is against anything god would want. >> i don't have too much contact with muslims but in places like lebanon there is more of an understanding between christians and muslims and it used to be is that way between syria and iraq. had is a sad thing. we're in big country. >> even converting is not a guarantee that you will live. some still think you are an infidel if you do. you're a christian. you read about this and you're outraged. i'm furious why isn't more being done. >> part of it is in the western world, we preach a moral code that many on the left on the liberal side don't like so they become very silent when it comes

to accusing tapersecuting chris. i'm in favor of everyone having religious prefreedom and protecn but christianit is the basis of western civilization, and it is under attack. >> how about the pope? it took him a while to get involve zbltd the pope has spoken up. i hope he will do more of it. it's true, the pope is? a difficult position. you remember when pope bendict criticized, the holy seat has to be very careful.yáfç he's been clear government

should isis. it is a clear message. >> what do you think of hiltry clinton saying we have to understand and empathize with our enemies. >> it's like hug a thug. you can't do that when it comes to people killing innocent children. those people need to be stopped. >> they do indeed. thank you for being with us. be sure to join me in the persecution of christians airing in two weeks saturday december 27th when father murray will join us again. coming up more on fox news.

now back to justice with judge

jeanine. welcome back to justice. earlier i spoke to congressmen about whether he thinks cia report should have bceen releasd band his hunt for benghazi answers. >> what it would be to be a fly on the wall in the courtroom with you. thank you for joining us now. chair of the select committee on benghaz benghaz benghazi. thanks for being with us. i'm going to start with gruber, he is arrogant, he's condesce condescendi condescending, said they wrote the obamacare law in a way so they wouldn't rate it as a tax but the supreme court ultimately

rateed it as a tax so we all know he's not a nice guy and we don't know how much. you're a prosecutor. fraud here? perjury here? >> i think what's going to happen if it hasn't already, is incoming chairman will get those documents. if you recall from the hearing, he really didn't want to give us what he considered to be his work product because he wants to minimize his role in the drafting of the aca now. my guess is when you go back to the videos he was very proud of being the architect. he may testify to different things so we will go back and get those documents. what disappointed me the most, judge, was he really believed that lack of transparency, being able to fool the voter is worth while if you really like this piece of legislation. >> i'm going to move on to

benghazi. the majority of americans want to know if we will ever get the answers what happened at benghazi. >> i think we will get the answers. the polls show us the numbers are going up. there's an innate sense that something wrong happened at benghazi they want the politics to stand down and treat like a serious investigation. we have been low key in terms of drama with our committee but there's been a lot of hard work. when we produce the final project we will do our dead level best teens questions in a fact-centric, a-political way.

>> interesting you said there's no drama, clearly on other hearings there's a lot of drama but doesn't seem to be the case here. you have great people on that select committee a lot of them lawyers understand how to go through records and evidence so can we expect you to call suzanne rice and hillary clinton before your committee. >> i see79vms no way teens alo without talking to both of them. i heard last week she was already talked to by arb. we don't know what they asked her. i think fellow citizens are entitled to see twelve pretty good questions to examine.

and suzanne rice is involved in the perpetrating of the mythology surrounding the video, she's never been before a committee of congress. it is clear, judge, that we were fed a false narrative. i think a republic as old as ours can handle the truth as to why we were told snag was false in the aftermath of benghazi. >> very disturbing and let me go on finally to the cia. number one, i don't know that there's anything in that report that we didn't already know. but, how do you think the rest of the world perceives us or sees us not just in terms of what was done by the cia, according to senator diane fienstein's report, but with our bleeding it all out@pl? for the world saying we want to be trans parent what does the world think of the united states in light of that report? >> well, judge, i can tell you among the top tenyrióñ things t

keep me up at night what other countries think about us would not be on that list. i would think there would be a little tinge of jealousy that we can debate issues like this publicly. other countries wouldn't discuss it privately much less publicly. my guess our alleys are thinking the same thing i'm thinking, $40 million, you didn't talk to any witnesses and republicans quit participating, what kient of investigation is that. >> doesn't that speak volumes to you? you're not going to put on the victim, witness, eye witness or defend ant but you'rem have a conclusion, it's absurd. so go out and bleed all over what we did, are the other countries laughing at us? and congressman, let's talk

about the alleies where some of the prisoners were stoent othenr countries we through them under the bus like poland and a few others. >> i do think we ought to be concerned with what our alleys think of us and we don't . >> we have to think of what our allies think but i'm so at peace with the morality and character of this country that i really don't care what other countries think about us. i think more whof what we thinkf ourselves. i talked to tommy cotton today who served our country with great distinction. we can debate what torture is, to me itqof ovaney sing. we can debate what torture is.

what we can't debate is that this administration uses drones to kill people. if you had the choice, being kill wd a drone or having water powered over your head which would you pick? .doubt very, very clear congressman. thanks for being with us. >> yes, sir thank you. frds. >> all right. >> coming up leaked e-mails have many of #7÷tinsel town ticked o.

private information of hollywood's biggest stars released, including salaries, contracts, now all public. all of the dirty details coming up. first, who could have done this÷ morgan, do we know who is responsible for this hacking? >> judge, on one hand and on probably two fingers i would lay a guess, north korea is probably the most likely culprit because of the gio political information. and based on where this information filtered out from. >> i'm reading headlines that

say they wanted this thing cancelled. it is coming out on christmas day. can we expect more of these e-mails to be released? how much more damage can they do. >> i don't think we have scratched the surface. this is the poster child the fundamental shift in thinking people have to think it's not if you're going to be hacked it's when you're going to be hacked and what steps you have put in place to minimize your personal information what you're storing. people are collecting it like hording. they have to starred cleaning out some of this stuff. e-mails, personally identifiable information that is now coming zblout . >> so this is not a position that sony was vulnerable it is just cyber security in general

is vulnerable is that what you're saying. >> this is a specific -- this would have got past 90% of the companies out there. doesn't release sony of their responsibility to do notifications. they will spend north"es million fixing this problem. this is not just an insiderñyva disgruntled employee but some serious stuff. >> clearly. all right. thanks so much for being with us. now the leak that is rattling hollywood a-lifters including angelina jolie and george clooney. with me now from the hollywood reporter, matt, all right, is angelina jolie a minimally talented spoiled brat from crazy

land? >> that's the opinion of one very powerful producer who sent an e-mailw:o the head of sony pictures which has since been leaked. >> all right what is going on? how is hollywood reacting to this? what do you think the price of this will be? not financially but to individuals and to sony? >> this is the biggest story in hollywood in years, the fact that an entire studio has been made completely trans parent. everything that goes on from the financials behind big movies to what stars are paid to every day e-mails between heads of the company to different stars and directors everything is out there. we got a bunch more documents today. this is only the beginning, i think. >> the president of sony,d pascal. >> she's the co-chairman,

highest ranking creative person. >> okay she bumps into angelina jolie. if looks could kill let me tell you, amy would be lying on the floor. as we go forward with this thing what's going to happen to e-mails in general. are people going to stop using them? >> that picture was from a hollywood reporter event earlier this week. i was standing near there. i think this will change the culture of hollywood.

saying maybe i should stop doing this, you would think that people in hollywood would, you know, understand they can't use regular e-mail because people put the name and .com how could they be so stupid to engage in this kind of discussion by e-mail. did they think it was private? >> you know what, people do these things. think about your inbox. think about my e-mail. everyone has casual conversations via e-mail and you don't think of the ramifications of. would anyone wanttjç their inbo splashed in the new york times i don't know. >> we have iran, north korea,

kim jong-un saying we didn't do it. now iran. where did that come from. >> i impolitic in these kiend of attacks. nrz there's a film about the leader of north korea that is about to come out and they are quoting to the movie as the movie of terrorism. there's a motive out there they say whether it is north korea or something they knew about or sponsored or facilitated we don't know. but there's a particular reason to think this is the reason it happened. >> will be interesting to see how well the movie does. and sony pictures getting a lot of publicitiy and they're going forward with the release on christmas day, correct.

>> yeah, amy is reliant about it said no one can tell us what we can and can't release. they're going ahead with the release on christmas. >> in tonight's poll. how far should we go in getting information from an enemy in the time of war?z@1ñ

. breaking news out of the senate working late on this saturday night. a major procedural hurdle has been cleared. they are voting on the final passage of the spending bill. chad? >> reporter: they are voting on the end of this long road to pass this spending bill here to

run most of the federal government through the end of the fiscal year. that would be fall. there's one caveat here. this would only fund the department of homeland security as it pertains to immigration until late february. this is the culmination of the series of events here on capitol hill. it has been colored by immigration. ted cruz from texas, he held up the process along with other conservative senators wanting a vote trying to say that president obama's'bfpp executiv order on emgracious wimmigratio unconstitutional. they got a vote on making a point of order that this was unconstitutional. it failed. senate majority leader harry reid came down to the floor and told cruz that this was "wrong, wrong, wrong" and that on a spending bill, this isht to challenge the president on executive orders. they are v the final spending bill. we should have a result here in

about 15 minutes or so. >> thanks so much. earlier this week, we heard of how pope francis said all animals can go to heaven. the holy father reportedly made the declaration that got all the tails wagging while consoling a young boy whose dog had died. not so fast. turns out the story misquoted something by the pope over 30 years ago. there's no evidence the current hope said anything along those lines. i wish he would. so many of us have dogs, cats and pigs as pets. they are part of the family. the reported comments, though untrue, got animal lovers around the world thrilled at the thought of our furry friends waiting for us at the pearly gates. hopefully the hope does tell us that all dogs do go to heaven. those are my kids and my dogs. those are me with the dogs when

i was younger. i will believe that all of my former four-legged friends are looking down on me and barking or as in the case of my pigs, oinking. do we have a picture of the pigs? now to the results of tonight's poll. we asked how far should we go to get information from our enemies in time of war? m whatever it takes. i'm an american, i believe in the cia. if the victims of 9/11 could speak, they would say as far as needed to squeeze every last drop of information out of them. so sad. people jumped from the twin towers. people are still not accounted for. 3,000-plus deaths, families without loved ones. i would go very far. if we torture the people, what makes any different from them? here is what makes us different. they attacked us.

their religion tells them to kill us. i want to stop them from killing us. that's it for us tonight. thanks for joining us. friend me on facebook,,,,,,band

thanks for watching. huckabee starts now. ♪ >> the democrat report on enhanced interrogation did not enclude input from the you will hear the other side of the story. hacked sony e-mails. and ivy league schools. too upset from protesting to study and they want final exams delayed. all that and more on huckabee. (applause) >> welcome to huckabee. about the only thing worse is when a loser acts like a winner is when the winner acts like a loser. look