situation. they are not calling it at this point. the prime minister has just spoken. we will be bringing you updates as they become available. this has been a fox news alert. i am lia gabriel in new york now back to the regularly scheduled program. >> it took just 77 minutes to change the course of our nation forever. the today department 11th, 2001. nearly 3,000 innocent people murdered at the hands of terrorists. in the years that followed our ñ agencies embarked on a global campaign to keep america safe. this week they came under fire for how they did it. that is where we begin the holiday special on the cia report. i am megyn kelly. we take a hard look at the report produced by democrats that divided the country and endangered american service personnel overseas.

arguments for and against so-called enhanced interrogation techniques used by the cia in the fight against al qaeda. first we must start at the beginning. trace gallagher reports from our newsroom. >> let's begin with the/@;kñ pa that everyone including president obama agrees to in the days and months in unprecedented times. there were incredible reports of a second and third wave of the attacks in the midwest. including reports osama bin laden was trying to get a nuclear weapon. they recognized the intention and interrogation program. the cia admitted at the time it had little if anycqyp experienc housing and interrogating detainees. tentpu months after 9-11 then attorney general john ashcroft included a list of enhanced interrogation techniques or eit including sleep deprivation, use of diapers and waterboarding.

here is cia director john brooks. >> there were no easy answers. and whatever your views are7bo@ eit's our nation and in particular this agency did a lo of things right during this difficult time to keep this country strong and secure. >>tshcy brennan has acknowledgee officers used interrogation techniques that this not been authorized and some officers were not held accountable. the biggest is weather eit's were defensive. they were not working and it was well-known the detain theys were getting interrogation training at the al qaeda camp. the intelligence report says the critical information could have been obtained without enhanced interrogation. six former cia directors dispute that. here is what the current cia

director says. >> there was useful intelligence, very useful valuable intelligence that was obtained from individuals who had been subjected to eit. whether that could have been obtained without the use of those eit's is something that is unknowable. >> enhanced interrogation led to the capture of osama bin laden. the report disputes that and goes on to krit ties the via for management and peru tality for the enhanced interrogation program. the report was declared the democratic majority staff and not a single cia official involved in the program with interviews. during enhanced interrogation two detainees died and there was not enough ed to file charges against the officers involved. mel gwinn? >> trace gallagher, thank you. >> he called this a travesty the

report saying the democrats who put it together are condescending. >> author of "things that matter" the author charles is with us tonight. democrats appear to be justifying the report acknowledging it may be placing american service personnel in account. >> that's not with the democratic leadership of the intelligence committees were saying at the time. they were saying they were in support ofj8$hu until 10 years later, many years later when we safe. nodh s of a sudden they are appalled it. >> we know nancy pelosi who was the ranking member of the house intelligence committee was briefed on theseç interrogatio.

they knew what the cia was doing and they supported it and funded it. >> the same with jay rockefeller who was chairman the vice-chairman on the other side of the senate intelligence committee. >> the point i want to make is not just that this is r sudden change your mind and your public stance long after the fact, but it is to stay how consensual democrats and republicans was the idea that we were hit, we were blind suided. we knew almost nothing about al qaeda. it was our pearl harbor and it was a very rational decision to at that point go ahead with interrogation programs for very limited number of=oç high value detainees like khalid shaikh mohammed who planned a 9 the-11 attack and who was planning

other attacks. after he was subjected to these techniques they broke his will and he was giving to the cia interrogators on the structure of al qaeda telling us an enormous amount we didn't know. >> the evidence has come out they were briefed but what -- so they are not saying we were briefed and we agree not in retrospect we agree with it. >> what about the argument that whether you supported it at the time or not it was wrong? joe biden came out this week and was praising america for being so quick in his youtube recognize our misdeeds and own them. here's the sound bite. >> in every badge of honor every country has engaged in activities somewhere aroulong t line it has not sl been proud

of. another country is prepared to stand up and say this was a mistake. >> your thoughts? >> i don't agree with that analysis and i haven't for ten years. when i began to write about it look there obviously were abuses there are people who went beyond the limit. there are people who should have been more reprimanded. number one we found the justice department looked into this very expensive investigation under eric holder. he found no offensive worthy of prosecution. as a matter of principle there is something called the ticking time bomb. if you would give the opposition to anybody i will give you the extreme hypothetical. you capture a terrorist who

knows what it is and won't tell you where and you can't evacuate the city, do you think there is anybody who would not advocate the answer is no. so the question is do you acknowledge that and then establish the limits of where and when and what you are allowed to do or do you pretend you are holier than thou and even in those circumstances you wouldn't do anything. you would. >> on a sliding scale how close are we to that scenario at the time we did the enhanced interrogation. you heard the reports the senate is saying we could have used less harsh techniques and gotten the same information. >> put yourself in the position of the people in authority right after 9-11. they have two choices the moral choice the moral high ground is we are going to do gentle interrogations we are going to

have an experiment. we are going to ask khalid shaikh mohammed to help us out in learningywsañ about the plot have been trained. or would you say we can't sk conduct an experiment with the lives of thousands of americans. we are going to do everything in our power and we take on the responsibility and it is a deep and serious one of going beyond the bounds of what we would like to do in order to safeguard the nation. you do not conduct an experiment in gentle interrogation when the lives of thousands of americans are at stake. >> good questions. so much thought. great to see you. thank you. >> thank you. >> the white house backed the release of this report saying we need to look at the mistakes and take the moral high ground.

>> see what happens when ed # some of the top democrats say they were never told about the enhanced interrogations. the investigation in to who is telling the truth just ahead. >> just to be carelear you are accusing the cia of lying to you in 2002. >> leading the congress of the united states. it's just ordinary fleece but the comfort it provides is immeasurable. the america red cross brings hope and help to people in need every 8 minutes, every day. so this season give something that means something.

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fox news chief white house ãgot spondent ed henry national attention this week the obama d administration on its response to the cia gh white house as he confronted them on two key points. ed joins us now to explain. ed? >> thank you. the president has been facing real pressure from the left this week about the senate report. particularly senate udall the cia director and other top officials basically charging that look the president hauled the tactics from the bush administration unamerican and yet put into place a former bush official like brennan promoted him even though he didn't do anything back years ago to stop these tactics. john brennan said this week he believes the tactics brought in good intelligence thevenlt you have the fact that he repeatedly said the reason the president

banned the interrogation tactics was to restore the moral authority. the contradiction of the statement for the policy drone. >> we have seenr d[lpg many pe around the world where drones killed innocent civilians. >> that is a stark difference than the tactics that are employed by our enemies who seek to use car bombs to actually target innocent civilians. >> you are asking about moral authority. i think this is very clear. there's a clear difference. >> the counter terrorism tactics by america they go to great lengths to protect them. >> they face more heat from the up coming confirmation hearing of loretta lynch who has been nominating eric holder as attorney general. the american liberties community why they want the president and

his justice department have not pressed criminal charges against former current cia officials former bush officials involved. were wrong they should prosecute. >>ki colmes radio show. >> we have had drones. brennan he they headed up the fbi and cia. the bush administration is there. >> i think that wasbd appropri. >> he ended the program.

he should know more than we know with what's going on. why should he come out and say we should have done this and so on and so forth. the democrats are so up in arms with this one. >> he explained toase his constituency to the left. clearly it's a political move he wants to be assuring the people who are his base that this isn't happening. >> let's talk about the drones. that's another thing you hit on. even if you feel as diane fine stein and everybody else says that this one is torture the torture is terrible and should .b5"tq q#fective. isn't itv,tç better than dying? they are killed as a drone. >> when we use drones to go after american citizens anywhere in the world we have the authority to say the whole world is a war theater and we can rx feel who is a

thre threat>> you can't split hairs like that it's better to kill them han to water board them and hold them with their arms above their wúe> you could go through some lú@ it is certainly t preference. no question about it. >> they are caught in this. idealogically there. >> the cia first they are not going to tell the truth. >> the cia is in favor of all of this i assume. that is ideologically consistent. for them. they have not indicated anything in the report. >> yes, they have. >> we did not do any of this stuff. >> they have chosen a few things. but they have also said their main defense is we did it and they knew about it. we breached them.i(sl not only did they say it was they said you e

doing more. these democrats are going i don't remember that. >> mark udall said they lied. you don't think you should be prosecuted for that. >> what are the names of the cia operatives revealed. it must be said they can get a body guard. >> he is on the far left of the fringe. >> good to have the light of day shine on that. >> he was trying to keep us safe. why did he want to do something. >> they go to doj to brief them. anything was in edition to that.

>> don't you feel a little uncomfortable judging yourself harshly when they were trying to keep us safe. there was a fear there might be a nuclear bomb set off in the united states. they don't know how much time they have had. >> we don't compromise our values for the sake of that. >> good to see you allan. >> some of the top democrats attacking the cia say they were never told about the enhanced interrogation techniques. the cia says that's a lie. up next, who is telling the truth. why are we now hearing senator diane fine stein the woman in charge of the report may have an action to grind with the cia? was that the real motivation behind this? we will investigate just ahead.

>> they went into our computers illegally to take out information not once, not twice, but three times. which i believe is a separation ofó"dlv powers violations. i'm j-a-n-e and i have copd.

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oh yeah? if they can't give us faster internet or save us money, they'll give us 150 bucks. sounds like a win win. guys! faster internet? i have never been on the internet and i am doing pretty well. does he even work here? don't listen to the naysayer. take the comcast business speed test. get faster speeds or more savings, or we'll give you $150. comcast business. built for business. -- i repeat, we were not >> waterboarding or any of these othery>40ñ enhanced interrogati methods were used. >> that was speaker of the house nancy pelosi in 2009 denying she or hern&b colleagues had ever briefed about%f the cia enhance placed on september 11th.

they investigated that claim and rated it false. when did democrats find out did they know? trace gallagher live in the newsroom with that. >> the exact date was september 4th, 2002. they were briefed on enhanced interrogation technique. the fact than triple checked and confirmed. porter goss who later head up the cia.54h&ç the chairs and the ranking members of the house and senate committees that they were holy interrogating high valued terrorists. we understood what the cia was doing we gave them our bipartisan support. they gave them the cia funding. listen to what the former director of the cia national clandestine told sean hannity in

2012. >> you personally briefed nancy pelosi. >> i did. about enhanced interrogation. i briefed them beforesrjh september 2002 about the interrogation of abu sglzubada. the techniques used by waterboarding. >> it requires the cia to inform congressional leaders about covert activity. one recognized is jay rockefeller an outspoken liberal mohammed in 2003 said we should be very, sri tough with him and we have no business not getting that information. this is a man who killed hundreds and hundreds of americans over the last few years. b about the interrogation techniques until

years later. this week former cia director michael hayden got on america's newsroom. >> senator fine stin did not. the congress gang of four and the gang of 8 knew this from the veryw-; beginning. >> some did not no plenty of others did. >> which begs the question. diane fine stein had no right to know on the intel committee. those who were were told. now she is pretending like that didn't happen. that is how it seems based on the evidence. trace, thank you. >> they went with this report requests. now we are hearing questions"bf about whether a woman inñx char senator fine stein had an ax to grind here with the ci aushg. we will take a look at that next.

a 9-11 family member joins up to speak to those not being heard in the debate. his powerful message ahead. can you help me up? [ snow intensifies ] [ sleighbells ring in the distance ] aleve. all day pain relief with just 2 pills. get back to being you.

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>> i am lia gabriel in new york. in the capitol of sydney, australia. the hostages can be seen in every window with their hands up. there's also a black flag with arabic writing visible. australian prime minister tony abbott urges any one with information to call the national security hot line. we will continue to follow the story and bring you more information as we get it. p congress settingn5 5÷ a $1.1 trillion spending bill to the senate's desk.

it follows the budget by last z tend of september. the department of homeland security is only funded through december 27th. >> i am lia gabriel now back to the kelly files. the cia spentn>v' $40 millio prevent us from issuing this report. issuing this report. that is fact. we did not spend the money. we used our staff to do this report. they went into our computers illegally to take out information not once, not twice but three times. which i believe is a separation of powers violation. >> that was senate intel chair dianne feinstein suggesting in the wake of her cia report that the agency might have been trying to sabotage this project.

but as we learn more about why senator feinstein says she released this thing, we're also hearing growing questions about whether she has an axe to grind with the cia. kirsten powers, rich lowry editor of -- fox news contributor. she's not a fan of the cia. the cia did snoop on her committee and take documents off of their computers that they hack sbood. so she's got a right to be ticked off. but do you think that's the motivation here? >> yeah. as you say, she may be right about everything the cia did wrong in this dispute over the computers, but you don't let that flow over into thissin k y inquiry. over the intelligence failure over iraq wmd, a very hot button issue -- >> she says that the republican senators voted in favor of kicking this thing off

initially, this investigation. >> right. then they quickly got off the train. and in part because they believed it was going to be a prosecutor's brief. and, megyn, i think she had this as a bipartisan support. we have a lot of conclusions the cia isn't compared enough they went too far the cia was invested in offending it. you kwoo have gotten with no useful information. >> the cia directors are ryv- we weren't told he we;= didn't know. rockefeller out there saying if we get ksm we should consider shipping him to a country with no laws against torture. we have no business not getting the information from him and so úc not to mention he is if k sfik

te -- nick pelosi and others. ove criticism where you brought this up earlier this is 2020 hindsight. i disagree with that because i think we have our values and our principles and our laws that should be followed no matter what is going on. even if at the time people were scared i don't think thatw é justifies. >> i was being flippant when i know about a nuclear -- the point i was trying to say is this whole jack bauer thingéij 24-hours you ha got the guy he knows what the ticki ticking time bomb is. >> in any circumstances you would be against these enhanced techniques? >> i agee with john mccain who said this is a good report and x-ñ grind.

i agree with him it does give you good intelligence. we hear constantly is it did but it does on occasion give that to you that it is worth it. a lot of what they are doing i appreciate the complaints that people weren't interviewed for this and perhaps the report could have been better but what's in the report is pretty factual and pretty concerning and i don't believe a lot of that was necessary. >> you and i have been talking last week about the uva's alleged gang rape and the rolling stone article. we don't know whether it was a rape but the article was discredited we are only getting one side of the story. this is the same thing there's only one side of the story in this report. >> this report goes out of the way to be tray michael heyayden the cia director as a liar. in what universe you spend all of this time and money and mal

line a man's reputation like that and don't even call themm%p don't even quote them. >>q> why didn't she go? why didn't diane fine stein and others who run the program and ask them whata6ñ they say. >> their answer is what you just said. which is they couldn't because they were under investigation that has been a little bit de bunked. the cia lied to itself. they probably felt they are going to have to put what they are saying side by side with these official documents. you will have people saying basically making stuff up.

i don't think they are honest significant counter veiling on it. when you go through a case by tais with useful actional intelligence it reads like a lawyer's brief. if they dagave them harsh interrogation we don't know if you didn't interrogate them so harshly you would have gotten the name information. what universe isec6g÷ corrobora not at important thing. in journalism do we say we have a source that corroborates it. it is extremely important. it can seem up fair we are told by the doj they could do this

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>> in the immediate after matted of 9-11 we cried and we prayed. in our pain we pledged to come together as one and prevent osama bin laden and killing machine from ever carrying out another attack against our beautiful country. never again we vowed. never again. >> that was cia director john brennan thursday saying the u.s. would do anything in its power to prevent another 9-11 from happening in america. days after they detailed the interrogation tactics. the next guest said it should have never been released. joining me done arias his younger brother adam was killed in the world trait center attacks. thank you for being here. our con dodolences in the loss your brother who was on the 84th tower 2 on 9-11.

your reaction first to the report being released now at a time when the homeland security department pentagon and others have said it will potentially endanger the lives of american service personnel. >> it is unfathomable to me. the americans that are dead, yet we are upset over the treatment of their killers. the spirit of national mass achism that is going with this administration and government now diane fine stein>> what do you make of the comments saying with he don't sacrifice our values in defense of our country. you don't make that tradeoff? >> you have to put things in context at the time. those are the same people who say they would not sacrifice their values were basing the first people to go looking for a cia agent or a soldier or

someone in the military to protect them. we didn't know where the next attack would come from. we had to do things that were desperate at the time because they were desperate times. >> they said you=%y don't understand the frame of mind they were in. we spoke to getting legal authorization from the doj. he said we were watching these guys behead american citizens. he said we would watch video every day of the 9-11 attacks and see these poor people being forced to choose between being burned alive and jump to go their death. that's what we had in our heads v] ç's what we about and trying to prevent. >> it is very easy now years later to say we did so many things wrong and america is so terrible but given the choice of saving an american life or not, you would have to do what you can. and i got to tell you this morally superior intellectual elite that did take to us what

our values should be at a moment of national survival is hypocritical. >> i know you went down to gitmo and actually observed some of the trials. do you feel like there is too protect terrorists? is these are t these are terror we have down there playing soccer and some of the tactics were brutal. do you feel like the pendulum has swung too far to the other side? >> it is way too far. can you image this in nuremberg or something this liftist wanting to bring khalid shaikh mohammed to federal court only so they could have a tortured trial. being denied their torture trial in manhattan now they release this report. this is the next best thing to putting america on trial. >> when you hear the president come out this week and say we are america and when we do something that is wrong, we

admit it and we take accountable for it. your thoughts on that? >> i think we should take accountability for it in private. i mean, they had an ig investigation. these are covert operations. you are putting american lives at risk. it won't be obamacare kids who are at risk or joe biden's kids at risk it will be my kid or the guy who drove me here today it will be his kid who's life will be at risk overseas in uniform or just travelling. >> all of the best to you and your family. thank you for coming out. >> thank you so much, megyn, i appreciate it. fascinating lesson in how the media pulled the senate cia report. he joins us next with that. the volkswagen golf was just named motor trend's 2015 car of the year. so was the 100% electric e-golf,

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the blockbuster report on >> the report onni torture takes the lid off of gruesome tactics after 9-11. >> the cia torture revealed. on cia interrogation of terror suspects. >> the release of the highly controversial and inflammatory report on cia interrogation techniques following the 9-11 attacks. >> the media reports earlier this week the senate reports about the cia enhanced interrogation technique. how did the media do covering this story? >> how did they do? >> there are were waves of media outlets that collided ore this story. the dominant one is captured the sound bytes that you just play

the horrifying):ti details abo times life over brutality and deceit. the other wave wasiúw aimed at diane fine stein and the democrats for potentially around the globe by releasing this report. >> it was interesting to see, i don't know if they have hthis i the control room. it was interesting to see diane fine stein go on with wolf pitsler. i thought he did a great job. he pressed her on all of the relevant points. she either wasn't expecting it, they said they had known each other for a long time. he asked her about that point. i want to play it for the audience. >> if americans are killed as a result of this report i assume

you would feel grlty about that. >> i would feel badly. of course what do you think? >> it went on from there. it was an example to other media sources. >> i think we would have all liked to ask her which is how would you feel would you condemn plate what the potential impact would be. we are talking about techniques the cia no longer uses that president obama barred for several years. there were other moments, too. red wears very aggressive interview with dickp cheney. brian asking director how would you feel if they were used against your ñ4a family. i think this kind of journalism helped hold the players accountable. >> interesting to watch on

another network on the coverage the disdain they had for the tactics and the need to make clear to the audience how gruesome they found the tactics employ they took them6rf back t 3,000 americans had just been killed there was a ticking time bomb. the new york times were talking about uyñ the fear of nuclear b going off in the united states of america. there was a time you believe anything is possible. is that responsible? >> i think you have to explain and remind the audience the readers the viewers about how on edge this country was with good reason after 9-11 and especially after the iraq war when we had detainees with information it was such a good story they had conflicted viewpoints.

rich and engel dallcalled it a despicable action. >> there is a lot of hypocrisy going on at the white house. it was critical and it is important in this report. at the same time they are droning people. it was interesting to watch annette henry press josh earnest on this. they were going head to head saying how do you claim moral authority when you are droning people yet you are so critical of the torture programs there was nothing there howe. >> i think it was an important question ed henry raised. it seems to me there is a lot of monday morning quarterbacking some years later where whether it's obama administration people or other critics, john mccain is also support i have in his report who say we should not have done this this is not who we are this is not about our values. i think that does regardless of where you stand on these techniques i think this brings some of it out of context.

the director was trying to have it both ways calling some of these abhorrent but at the same time defending what the agency did. >> it has been an interesting week. we have it all covered sunday 11:00 a.m. right? >> right. >> go to facebook.com and follow me on twitter at megyn kelly. we will be right back.

>> before we go would he wanted

to take a moment to remember our friend and colleague dominique denatali. she was a fareless reporter who came to fox in 97 and ended up in baghdad when it was a challenging area. not only did he manage to report from the pakistani compound where bin laden was killed he brought back a brick from the building which he later donated to the 9-11 museum in new york. dominic landed an exclusive interview with the doctor who helped us confirm bin laden's presence and remains in prison to this day. dominic's hard work could be seen on television. what many viewers did not see and what i will remember most about him is how hard he worked behind the scenes to help other men and women in uniform. i lost count of the number of times he asked for help for something he was working on to for our troops which we gladly provided. he was thinking of how to make our service members lives even better. he took his own life on

wednesday after developing serious health problems. 43 yea. dominic was a great friend, av" pate i don't knowing and -- pat and we will miss him. i am megyn kelly. this is "the kelly files." this is a fox news alert. i am leah gabrielle in new york. a security advisor briefed president obama on an apparent hostage situation unfolding in sydney, australia. that from the white house official. the xicommissioner spoke he sai he is doing all they can to reach a peaceful resolution and situation is obtained. let's take a listen. >> look, i am not in a position to confirm any of that. my briefing to you is high level just to ensure they have the understanding of the situation. it would be better belt with by the operational commander.