tonight. please remember, spin stops here. we're definitely looking out for you. breaking tonight, awaiting reaction from the white house after reports that north korea is behind the cyberattack on an american corporation. and that company, sony pictures, tonight backing down following threats of a 9/11 style attack on america on christmas day. welcome, everybody. i'm martha maccallum in for megyn. the massive computer hack on sony pictures started back in november. the company brought to an electronic standstill sensitive and even embarrassing information leaked. there are reports that north korea is directly involved. there had been some question about that prior to today. the regime is furious over sony's new comedy called "the

interview" which involves a cia plot to assassinate dictator kim jong-un. yesterday the attackers threatened to attack movie goers when the movie opens on christmas day. now sony pulls the plug on the movie's release tonight. trace gallagher has more. >> reporter: federal investigators say it has the hallmarks of a north korea attack but what's unclear is when the obama administration will point the finger at the north. it didn't necessarily come from inside north korea noting the country has a cyberwarfare military unit with 3,000 people and many are stationed in china. critics rightfully point out that by using threats and intimidation, north korea has now successfully censored america. >> i think the reality is once you have a spector of threat, you have fear and fear unfortunately is a self-perpetuating device. people will be worried and

concerned. >> reporter: guardians of peace threatened to unleash 9/11 style attacks on any theater that ran the movie beginning christmas day and the department of homeland security says there's no credible intelligence to indicate an active plot. the major movie theater chains decided not to show the film forcing sony to cancel the release all together. sony issued a statement saying, "we respect and understand our partners decision and of course share their paramount interest in the safety of employees and theater goers." because the hack was so precise, sony believes the hackers had inside help, possibly disgruntled sony employee that gave them access into the computer network and guided them toward the internal i.t. systems. the hackers had also promised another embarrassing document dump if the film was not canceled but hacking group has not commented since the film's cancellation. >> incredible story. trace, thank you very much.

a short time ago former republican presidential candidate newt gingrich tweeted his opinion on the whole thing. "nobody should kid themselves with the sony collapse. america has lost its first cyberwar. this is a very, very dangerous precedent." buck sexton is a former cia officer and former nypd intelligence division specialist. buck, welcome. good to have you here tonight. this is a big deal. what does the fbi know about this at this point do you think? >> it's bizarre and yet very serious at the same time. the idea that this could be anyone other than north korea wouldn't make any sense. who would go through all of this trouble and who would have the capability and who would care enough about this movie other than the north korean government and its surrogates to engage in this. whether the administration comes out and says it's official, i know sources have said the fbi said it's north korea, we basically know that it is and the question then becomes what should the response be? this is a very serious issue. if north korea is allowed to do

this, if they're allowed to target private corporations on u.s. soil, maybe even private citizens, it has a very real chilling effect on our speech on top of being a form of cyberterrorism. this is something that requires a robust and dedicated response from the white house. i'm not sure we're going to get it though. i think right now they are waiting to see what happens. >> we haven't heard boo from the white house. you might expect when you think about after 9/11, and the concerns that there would be further threats, the message was always go live your life. do what you're going to do. go to the movies. go shopping. now, this is unchartered territory in many ways. a cyberwar attack, a terrorist act in many ways, and we don't know this territory. we don't know how to play it out but it could happen again and again with sony backing down. >> sony did back down. i know there's a lot of people say that sony wimped out here. let's be clear. sony has been sucker punched by this whole thing. their computers have been wiped clean. everything has been taken off and shared very broadly. it's embarrassed the company

tremendously. it will cost it tens of millions of dollars if not more. there are serious issues that sony is trying to deal with on top of whether to release this movie and this a national security issue. it's a first amendment issue from the perspective of the american people. we shouldn't be cowed by foreign dictators. >> we hear there's no credible threats to any movie theaters in america based on this. i also wonder, we heard so much about our invasion of privacy, that the nsa is everywhere, they are watching everything. they don't seem to have any clue where this came from. >> they keep telling us this was very sophisticated and the level of the attack on u.s. soil was unprecedented. the american people do not react well. forget about sony. with he don't react well to some tin pot dictator telling us what we can read, speak or do. >> that's what we've done. >> that's what sony has done. i think there will be a movement among the american people to show solidarity here in favor of the first amendment. they say they won't release it digitally. somebody will get a copy.

it will be distributed on the internet and there will be a movement to spread the film far and wide. the intent of this from north korea, at least in part which was to keep it from getting seen, that's not going to work. >> we backed out. we pulled our movie out. you won. that's what it looks like. >> they won against sony. between this and cuba, it's a good day for charity and bad day for freedom. >> as buck mentioned, this move may cost sony millions and millions of dollars in what amounts to a form of ransom. joining me now is howard kurtz. obviously a big loss for sony. they backed down in this. whether or not that was a good idea remains to be seen. >> this is an undeniable victory for the attackers, for terror attack on a major american corporation and for patrons in north korea and media is finally waking up to this. sony went ahead with this

release and anyone got killed in any movie theater, media not to mention the lawyers would crucify the company. this needs to be covered and is being covered with this seriousness it deserves because up until now, it's been almost lost amid the gossip reporting. what do people know about sony picture hack. one said angelina jeolie was a spoiled brat and another one made fun of president obama and black movies. we allowed ourselves in this business to become enablers of those behind the attack. >> people are outraged in the country by involvement of government in the business of private companies, in regulation, all that. and yet maybe we'll hear more tomorrow when they make this fbi announcement that will supposedly link it to north korea but we haven't heard from the government go about your li lives, don't let this cow you. i heard two government officials were consulted on this movie and said we don't have a problem with the fact that kim jong-un's head blows up at the end of the

movie. we're okay with it. >> it was a stupid and reckless idea by sony. how it's marketed as a comedy i have no idea. it's a blow against free speech as dumb as the movie might be. there's nothing to stop other attackers from targeting any movie or magazine or newspaper article if this pleases them and many, many american companies are vulnerable. >> they will. you can bet on it after this, howard. thank you very much. still ahead on "the kelly file," the biggest executive action story that our guest says nobody is talking about. a federal judge fired a warning. we'll have the white house response coming up. plus, after cuba released a high-profile american hostage early today, the white house announced that we are going to open relations with cuba. so did we just open a huge box and a new precedent? coming up.

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[ male announcer ] new crest pro-health tartar protection rinse. it helps you escape the scrape. today the united states of america is changing its relationship with the people of cuba. in the most significant changes in our policy in more than 50 years. we will end an outdated approach that for decades has failed to advance our interests and instead we will begin to normalize relations between our two countries. >> that was president obama. earlier today announcing the end to five decades of not dealing directly with the repressive communist regime in cuba. it came after cuba released american alan gross and a spy that worked for the united states while the u.s. released three cuban spies. cuba and its supporters are thrilled. you can see these pictures of people rejoicing in cuba today but questions are being asked about whether this opens the door to a dangerous precedent.

our chief white house correspondent ed henry reports. >> bottom line is the president is struggling all around the world right now so he lunged at a legacy item here. big on the world stage and reshape 50 years of american policy and bask in the glow positive side of this, the praise and thanks he got from alan gross for getting an american aid worker freed and downside is critics say this shows there's a price tag on american hostages which is why the president took pains to separate alan gross out. three cuban spies were released an american intelligence was released as well. >> it gives rogue regimes the idea that they can get concessions out of the president

of the united states if they take someone hostage. >> there was no concession. mr. gross was released on humanitarian grounds. that's what we insisted upon and what the cuban regime followed through on. >> reporter: bob mendendez says that this basically was an exchange and that the u.s. didn't get the better end of the deal because they were giving up cuban spies for an innocent american. martha? >> our thanks to ed henry at the white house. my next guest is a cuban american congressman from miami. a republican and member of the house appropriations committee. congressman, welcome, sir. good to have you with us tonight. >> thank you, martha. >> what's your reaction to this deal today? >> it's a sad day. we have today what we've seen is the president of the united states who really has become not only in this case but other cases the appeaser in chief. once again giving everything,

the kitchen sink and everything else, to an anti-american state sponsor of terrorism and frankly getting very little in response. they say it wasn't a swap for alan gross and the three spies. president obama gave the three spies and we got alan gross and one more individual. to add insult to injury, the president gave further concessions. these are the things that the castro regime has been pleading for, begging for, working for for decades. they've been asking for this thing to happen. the president has done so. he got what in return? again, remember, there's two separate issues. there's the swap for an innocent american and we gave up three spies and supposedly we might have another person that's coming. on top of that, there are these incredible concessions that the castro regime always asked for and in return the red cross is going to go into cuba and the u.n. is going to go into cuba.

this is the same u.n. that six months ago was told that the castro regime had sent the largest shipment of elicit arms to north korea and they did nothing. they didn't respond. president obama responded by giving the castro regime the largest concessions that any dictator has gotten in recent history. >> it raises question in ways this was done. why would administration say there's no connection between these two things and do them on the same day? it just doesn't make any sense. if they really wanted these things to be separate, alan gross and everyone in this country who is pleased for him and his family, he's an innocent man that deserves to be freed, why not do this today and say we're opening discussions and we'll be careful how we approach this. why not do it judiciously? >> i think the castro regime

insisted on making sure they got the swap and they got it and insisted on even more and insisted on every concession the president could come up with. that's exactly what happened. senator rubio said it very well. this is the worst negotiator in the white house that we've ever had. he said in his lifetime. i think that's probably an understatement. president obama once again has done everything in his power to appease an anti-american state sponsor of terrorism, getting very little in response. now, let me tell you, there's more concessions coming. mark my word. you'll see that now president obama is going to take cuba off of the list of states that sponsor terrorism not because they're not sponsors of terrorism, because even his administration recently put them back on the list but just because it's a further concession that they can give the castro regime. this is a president that does not understand that weakness is not in the national security interest of the united states of america. it seems to be his pattern. it seems to be the only thing he knows how to do is give concessions to the enemies of

freedom and enemies of the united states while at the same time if you're an ally of the united states, if your israel, god forbid you try to fight terrorism because then the president will jump on you then but not if you're an enemy. >> the president said they'll look into the issues oforism an are threats that need to be addressed there. a lot of questions as you point out raised by this. thank you very much for being here tonight, sir. >> thank you, martha. so let's bring in for more on this bret stevens, foreign affairs columnist for "the wall street journal." you heard the congressman very unhappy with this deal and earlier today senator rubio very unhappy with this deal but you seem to be striking a bit softer tone on the possibilities here. >> look, i mean, we've had a failed 53-year policy toward cuba. it did make sense until the fall of the soviet union much less since then. where i do agree with senator

rubio, with the congressman, i just don't trust this administration to negotiate an agreement with cuba that is successful. this administration has a pattern of giving up all of its leverage at the very beginning and then having none left for the follow-up. they did this with russia and with iran and burma and it seems to be repeating the pattern. what administration gets is a photo opportunity, a moment for the president to pretend that he's denouncing a policy but what will matter isn't what happens now but six months down the road when the castro regime digs in its heels and resists attempts to open up that system. >> to say it wasn't for alan gross seems unreal. there isn't anything else that we got. >> it's particularly strange because we actually have a hand over cuba because of the fall in

oil prices. their economic sponsor and patron, venezuela, is in terrible shape. much worse shape than russians or any other rogue petra states. we could have hard balled the cuban regime into doing what we wanted in the sequence we wanted. we sent a signal to other rogue regimes, take innocent americans prisoners and stick them in prison for five years and the united states will do your bidding. >> you bring up a really interesting point about oil. and that may end up become a positive dynamic for us. it puts some of the people that we don't have great relationships with in a difficult position because you have a triangle of venezuela, russia and cuba supporting each other and supplying each other with oil. if cuba is out there on their own saying i'm not getting a good oil deal from venezuela anymore, they need us more, correct? >> cubans need us desperately. they need us for their hard currency and one of the terrible things is that we are going to

be remitting dollars to cuba, which will go into the hands of the government, while they pay their people in pesos, worthless cuban currency. so we could have been much more deliberate in the way that we went about an opening to cuba which in the long-term i agree is in our interests but instead we gave up everything for the sake of this moment for the president to try to score a big "foreign policy win" and we'll find ourselves regretting it a few years down the road. >> bret, thank you very much. >> pleasure to be here. >> coming up next, the first judicial opinion on president obama's immigration order has come down from a federal court and the justice department is not happy about the outcome. plus, a new video surfacing of a terrifying flight for some airline passengers. wait until you see this video that had passengers screaming and crying and praying.

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we are learning more about the first judicial opinion on president obama's immigration executive actions. a federal judge has declared that the president's order to defer deportations is unconstitutional. while the justice department is already arguing that the judge is wrong, the u.s. district judge arthur schwab says in this opinion today "president obama's unilateral legislative action violates the separation of power provided by the united states constitution and a take care clause and is therefore unconstitutional. chris, good to see you again. good evening. >> good evening. >> what's going on here? >> you kind of get the sense the

judge wasn't enthusiastic about the action there. the democrats in the administration complaining the judge went beyond what was even in the case that instead of just dealing with the detail of the case, he said i can't even get into that because this is so unconstitutional, this is such a violation of the separation of powers, i can't get into it. let's just blow it up. and that starts to set a dangerous precedent for democrats. it was a republican appointee and et cetera, et cetera, et cetera and there is a ton of energy in the federal judiciary right now that relates to the question has this president overstepped his powers. >> this judge said he went beyond prosecutorial discretion because argument on above of the obama administration here, this is a picture of the judge, and there are questions of whether he went further than he should have and whether he has real jurisdiction in this case. their argument has been that he has a right to extend prosecutorial discretion.

he can say we'll delay these cases. we don't have room to handle them or we have decided that we'll allow these people to stay in the country longer before getting around to figure out how to handle them but this judge is saying that's not true and it's a legal discussion we've heard quite a bit. does this push it forward and move anything in any direction at this point? >> it's not just this case. these are airplanes stacked up around the landing strip ready to come in. we have multiple states suing over this action. we have lawsuits over obamacare and they all relate to one central question. how much authority does this president have to change the way that laws are implemented? in this case what this judge said was the president bragged about it. by bragging about it saying this class of individuals, if they had been quiet about it and gone about the business of lowering the number of deportations, they could have gotten away with it.

because you branded a whole class of people and took credit for doing so, that takes you out of bounds. >> the take care clause. explain that if you can. >> you have the wrong guest here. >> megyn isn't here either. i think it has to do with making sure you carry out the laws and that's where it goes. the president obviously feels he's on solid ground here and immigration is clearly something that he's going to try to pursue and get as many people in the country legally as he can because he believes that these families should be together. >> there's a growing concern on the left and that is this. that because of the means by which the president has pursued these ends, that he has chosen to do these things in such unusual ways, that in fact the gains that he promises to bring to the movement that he wants led will not only evaporate in the courts or be turned back by political changes in congress and the next president, he would have done damage to the causes

because they'll be disjointed and it will be all of a tizzy and there won't be the clear progress that liberals once thought he would deliver for them and it's because of not what he's doing but how he's doing it. >> and clearly they're concerned about it because they lashed out quickly against this judge. we'll go home and google the take care clause. i'll see you tomorrow. thank you, sir. always good to see you. >> you bet. good to see you. >> there's a major weather alert for millions of americans expected to travel this christmas. why folks on the ground and in the air could have serious issues a day before the holiday. we'll tell what you toll expect and what you need to worry about and interesting story emerging today. both the president and the first lady weighing in on the issue of race in a new interview that's getting a whole lot of attention. that is next. could protect you from cancer? what if one push up could prevent heart disease?

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>> the comments are trying to trickle out and everybody had a chance to look at them at this point. what do you make of that statement by the president? >> we haven't seen the whole interview. the lack of racial progress and this is another one of the comments.

it's one thing to be mistaken at a waiter at a gala and another for my son to be mistaken for a robber or handcuffed or worse. it could happen walking down the street dressed the way teenagers dress >> the issue is whether racism is a barer to black progress in the country. and to have a black president in the white house is a sign of progress i think the president is urging black americans to continue to see sthechls as victims to pretend nothing changed. that is not what young black men need to hear from the president they don't immedianeed to see. >> in that comment, you can say anything about any kid

you know? dressed and your jeans are hanging down, your skirt is too short there is going to be a judgment on you regardless of what your color is. and michelle obama's comments, just this is odd as well. take a look at what michelle obama had to say in this case she said the only person, talking about her visit to a target store, saying the only person who came up to me me to help her take something off the shelf because she didn't see me as the first lady, but someone who could help her. that is what she said she referred to the same moment when she went into a target store and it's interesting because she says in the first instance she was sort of a little bit incognito and the second she suggests she wasn't. listen to this. >> a woman walked up to me, right, i was in the detergent

aisle. she said, excuse me, i just have to ask you something. i thought, cover blown. she said can you reach on that shelf and hand me that detergent. i reached up and pulled it down, she was short. and she had no idea who i was i thought as soon as she walked up i said we're going to have to leave. just needed detergent. >> such a different context. there she's in target. you know? a baseball hat on, a famous person is going to make not clear who you are. but these kinds of things happen in life. it isn't anything new. she says she thought i was there to help her.

and then, she says she asked because she was short. >> agenda is to blame racism, using racism and all purpose of what ails black america. in other words we're not supposed to see the president and michelle obama as what america holds out for blacks these days. they want to see them as exceptions they don't think of us as role models or the norm. and i just think that is a wrong message. president obama could be talking about a conversation with the forgeus son situation, they don't want to do that because that is not in their political interests they want to help the democratic party keep left loyal. that is keeping left dependent on the government and seeing themselves as victims.

>> to perpetuate the notion you're being treated differently because of the color of your skin. there is a question she mistook the side of the uniform as being a uniform of the waiter. it's clear these happen for all different reasons in this environment. to use it in this way, you're right. it makes it appear oh, well, we're still put in a servant's place. >> this is done in an effort to give cover to what protestors are talking about. black lives matter. they're trying to illustrate black lives still don't water. it's a false narrative that is going to claim to hurt the people they want to be helping which is the black poor. and in these communities, blacks will be worse off, and that is the problem. >> thank you very much.

good to have you here tonight. thanks still ahead here this evening, new developments with a disturbing terrorist attack that killed more than a one school children. it's for beyond disturbing it is horrendous and horrific from what happened. some comments from today's pentagon briefing. and video of a terrifying plight for passengers. wait until you see the video. this is like something out of a movie but it is real.

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>> being a member of the taliban doesn't mean that the united states is going to prosecute operations against you for that reason alone. >> how did that come out? general jack keen chairman of the institute for study of war generals. good to have you here today. that was a tortured answer. i'm trying to figure out where he was coming from there. what was he trying to say? >> first of all, there's taliban in pakistan, which prosecuted the attack in that horrific scene that you just introduced and that obviously is inside pakistan and then there's the afghan taliban. that's where he's speaking to. it makes no sense. i think the admiral would like

to have a redo frankly because we have been prosecuting a war against taliban for 13 years. they don't have to attack us for us to prosecute. we fight them because of who they are and we go after their leaders at night wherever we can find them in their homes, in safe houses, in base camps. with he don't wait for them to shoot at us. we're aggressive and assertive. that characterization is unfortunate if it represents a change in policy which it very well good, then that's outrageous and insulting to the taliban leadership who would be left out of this by the implication of what the admiral said after we lost thousands of soldiers and tens of thousands have been maimed by that leadership who's been driving these operations. >> politically within the taliban as you point out, there are different factions of the taliban. after this attack, one area of taliban leadership came out and condemned the attack.

and we also know that the pakistani taliban has been hard hit by the pakistani military lately. they've had success and this was a lashing out, a horrible, awful lashing out against the children of the members of the pakistani military. so what does that tell us about what's in play in pakistan right now and is this going to ignite the pakistani military to hit back even harder against the taliban and hopefully be more on our side there? >> we can only speculate at this point. i suspect that the pakistan taliban who prosecuted that horrendous attack, i think they overreached in doing something like this. we know what the intent is. these are children of military and there's a connection there. it's so outrageous and so over the top that i think it will stiffen the resolve of the pakistan military and unite

them. our audience has to understand the pakistan military is corrupt. let's just put it right out there where the truth is. they fundamentally support the afghan operations against the united states and support other terrorist operations against india. hopefully this will make them recognize that these kinds of cuddling up to terrorists has to stop and they've got to get after these terrorists once and for all who are threatening their national security. >> i'm curious what goes through your mind when you see the president talking about cuba today. i don't want to have a cuba discussion but what i'm asking is where are priorities. you look at what happened in pakistan yesterday and you would think that would be occupying so much of the president's mind right now that where are we and how much longer will we stay in afghanistan and what are we going to do about these guys and how do we help out positive elements there to stop this kind of violence? where is the priority? >> pakistan is a huge priority

for us. we have known since when we first went into afghanistan after 9/11 and we got documents and safe houses that they have been after anthrax and experimenting with it and wmd to come after the united states. sitting in pakistan are nuclear weapons at the conventional use of nuclear weapons in a sense that you use ballistic missiles, airplanes to fire them. they also are now developing tactical nuclear weapons to fire out of artillery shells. there's a huge radical islamic movement in the country. pakistan is a country of significance. it matters. and their security relates to our security because of the movement that's inside that country. >> so true. well put. thank you very much, general. always good to talk to you. >> good talking to you. so coming up next, the terrifying video that we have shown you clips of from an american airlines flight.

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so terrifying, right? that video was taken by a passenger. on an american airlines flight that was in the middle of severe turbulence. many went into sheer panic and who can blame them. high, trace. >> reporter: high school hi, marthy. it was headed over japan when it hit the severe turbulence. p rockd and dropped for the better part of an hour. watch.

the passengers say it happened during meal time and that trays, plates and glasses hit the se ceiling listen to one passenger recording on his cell phone. >> i love my family. i love my family very much. this is the most frighting thing i've ever seen. >> the plane was flying through a winter storm that was rapidly developing. usually they'll tell other aircraft but this was the first to go through that airspace and they were rerouted to dallas. among them was big time democratic doern mike stanly.

>> for a control freak, you're out of control. it was surreal. it was like a crazy hollywood movie that made no sense. >> all 14 injured, five of them taken to hospitals in tokyo, including one with a broken bone. that is a horrifying experience. >> no doubt everybody was glad to make it back alive. first, coming up on hannity, tonight. >> he has betrayed vo: you get used to pet odors in your car. you think it smells fine, but your passengers smell this... eliminate odors you've gone noseblind to for up to 30 days with the febreze car vent clip. female passenger: wow. smells good in here. vo: so you and your passengers can breathe happy. still hunting for some great last minute gifts? you'll find'em at bass pro shops. save $45 on carhartt duck active jackets.

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because boiling an egg... isn't as simple as just boiling an egg. life takes energy. energy lives here. . nice take. is that real. >> it was a from to my grandfather from stalin. >> that movie premier canceled because of terror threats. instead, they're going to show team america. they say they're just live from america's news headquarters, the national security council is considering several options to take against north korea. punitive measures are possible now that the fbi establish add

link between hackers and sony entertainment. they exposed memos and followed by terror threats against moviegoers planning to see the interview. sony now postponed the release of the film. negotiations are underway between new york city officials and the family of eric garner. lawyers for his family have filed a $75 million civil rights claim. his death triggered nationwide protests after a grand jury decided not to indict anyone in the case. "hannity" starts now. situation. see you tomorrow morning. welcome to hannity, this is a fox news alert. in a historic change, president obama announced that his