america in black and white. thank you for watching us tonight. i'm bill o'reilly. as always please remember the spin stops right here cause we are looking out for you. breaking tonight, sony's ceo firing back after president obama criticized the company for their decision to pull the movie "the interview" after the company was hacked and threatened, apparently, by north korea. welcome to "the kelly file." i'm shannon breem in for megyn kelly. moments ago the ceo of sony entertainment weighing in after the president slams sony. he says the president got it wrong. >> in this incident the president, the press and the public are mistaken as to what actually happened. we do not own movie theaters. we cannot determine whether or not a movie will be played in movie theaters. so to sort of rehearse for a

moment the sequence of events, we experienced the worst cyber attack in american history and persevered for three and a half weeks under enormous stress and enormous difficulty. and all with the effort of trying to keep our business up and running and get this movie out in the public. >> chief white house correspondent ed henry is live at the white house. >> reporter: the president had a news conference and he talked about what was expected and what was unexpected. what was expected is that he had this new basically hit against north korea saying that the fbi believes with certainty that they've got a pile of evidence suggesting that north korea was behind this cyber attack against sony. and the president said this was a serious national security matter. we expected him to say that. he said that the various options were on the table, when pressed he wouldn't talk about whether

or not a u.s. military options on the table or whether it would just be u.s. sanctions. we were told after the news conference, look, it could just at the start be the u.s. adding north korea, once again, to the list of state sponsors of terror. and they're going to start pushing back against north korea because of all this. then came what i believe was unexpected. and sitting in the front row i hear the president start to not just go after north korea, but criticize sony, which has been in the middle of this. listen to what he said. >> there were threats against its employees. i am sympathetic to the concerns that they faced. having said all that, yes, i think they made a mistake. i wished they'd spoken to me first. i would have told them, do not get into a pattern in which you're intimidated by these kinds of criminal attacks. >> and the point is that it

really seems like to the sony ceo that this was monday morning quarterbacking from the president. because while the president made clear sony is a private company, he didn't want to dictate to them whether or not they should run the movie. that sony was at least expecting that perhaps the u.s. government would get behind them and say, look, we got your back whether you decide to move forward or not. instead the president there saying if they had just called me, i would have advised them otherwise. the sony ceo saying, look, we didn't know the president was expecting our call. listen. >> a few days ago i personally did reach out and speak to senior folks in the white house. and talked to them about the situation. and actually informed them that we needed help. we definitely spoke to senior advisers or senior adviser in the white house to talk about the situation. the fact is did we talk to the president himself and talk to him about what was transpiring as the theaters started pulling

back and being unwilling to distribute the movie? no, but the white house was certainly aware of the situation. >> now, i talked to top advisers to the president. and what they're saying is, look, yes, we talked to security officials but they're insisting contrary to the ceo is suggesting senior white house aides were not commenting on the propriety of this movie whether or not they should move forward. so maybe there was a communications disconnect. but sony frustrated that the president sort of took a shot at them when they're saying, look, we were in the middle of this storm from another country, not another company. and this was essentially a terror attack, shannon. >> yeah, you could hear the frustration in that interview. ed henry live for us tonight in washington. good to see you. >> thank you. fox news digital politics editor chris stirewalt. is something getting lost in transition? when the sony ceo was asked are you disappointed that the president kind of threw you

under the bus? he said i would kind or -- >> right. this is the core industry. arguably the most important one of the most outside of maybe banking the most important patron for the democratic party, for this president. this is like if colonel sanders was speaking out against kfc. this is connected. and for the president to come out -- or for the ceo of sony to come out and say this about the president, you know that he's got beef. you know that he is upset. what i would guess, if i had to guess what they're saying, is they talked past each other, ed's reporting from the white house and also what the ceo says, tells us you know what they were probably talking about? they were probably talking about the issue that predated this. and the issue that predated this were taunt or mocking e-mails from executives at sony about the president before they went to a fundraiser for the president as an executive was getting ready to go, mocks the

president made racial jokes ability the president and his movie taste that then caused a big con fla ma that led to al sharpton to be dispatched -- he's the senior adviser to the president, about race relations aside from tv host, and he's dispatch today go host and be a healer. so i'm sure that was a situation sony and the white house were focused on before they got to the thing like, oh, i don't know, national security. >> so there were a lot of things going on. but today, now, the president said what he said about sony, sony frustrated about that saying they don't think he has the whole picture and kind of giving the president a bit of a pass maybe he doesn't understand all the factual things on how we got to where we are. but at the end of the day the president said he has a range of options being put together for him being considered for him. and there's a possibility that no. ko goes back on the terror

list. are they shaking in their boots? >> well f they had boots to shake in i'm sure they would, but opinions are luxury items. you can only have as many as you can afford. the president may have enjoyed or felt good or vindicated in blaming sony and talking down, but when you get down to the ultimate question about whose responsibility is it to keep commerce whether it's intellectual property or physical property safe in the united states, it's the federal government. that is job one of the federal government is to protect the property, lives and possessions, pursuit of happiness of the citizenry of the united states. that includes the corporations operating therein. this is a federal job to keep them safe and it's a national security question. >> yeah. and the president said today too he hoped congress would be able to address some of these issues and get together on a package that would, you know n 2015 get something done. they got a whole lot of things on the list they need to get done in 2015.

add it to the pile? >> do you think the republican senate and house are going to be able to agree with a very liberal democratic president about regulating the internet? i don't think so. when it comes to that question, the president wants more controls. the republicans want fewer controls, the president called it the wild west. conservatives say it's an opportunity marketplace. that ain't happening. >> all right. well, we're going to talk more about that coming up later in the show. and the president's pledges to work across the aisle in the coming year. chris stirewalt, always great to see you. thanks for joining us on this friday night. >> you bet. all right. the sony ceo also saying the company did not back down. take a listen. >> we have not caved. we have not given in. we have persevered. and we have not backed down. we have always had every desire to have the american public see this movie. >> howie kurts joins us now. sony's ceo, howard, says they

couldn't do anything about it. they were worried about security concerns and other things, so we have no direct connection with the public. we have to have a conduit to them. we couldn't do it because of the theaters. do we think we see this movie show up in some other format? because sony says they want you to see it. >> maybe eventually, but i've got to take issue with what michael said in that interview. it just doesn't hold water. president, the press, we always what's going on here. the company caved. it caved under enormous pressure for sure. pressure by the hollywood stars ripping sony because this was a major blow against free speech under the threat from north korea and its hackers. and now sony knowing it's getting beaten up the ceo trying to shift the blame, oh, it was the theaters fault. sony could have put it in one theater to take a stand, it chose not to. >> and you have george clooney out there, an a-lister of the a-list, heavyweight in hollywood

saying he tried to rally the troops and say we can't be giving in, we can't have a foreign country or any type of hacker dictating the content of what we produce. what if they start going after newsrooms and documentary newsmakers? things that are fact, not fiction. where do you draw the line? clooney says he couldn't get anybody on board. >> isn't that something? we're all vulnerable to this kind of pressure and hacking attack. but the other point here is this, subtle shift now in sony's rhetoric because before it said it had no plans and frankly no interest in putting this movie online, which sony could do tomorrow it has the technological capability to sfreem it or put it out on dvd. now you hear the ceo saying we don't have any partners to do that. we're really interested in doing that because it's suffered a huge blow to its corporate image and has to be seen at least as caring about free speech and free expression. but i don't think that interview is really going to hold up. i think sony may be backtracking even further in trying to get this out in some way that doesn't put the company at risk.

>> do you think it's going to be more popular than ever after all of this controversy whatever format it is released and people will actually go and check it out because they're going to be so curious? >> rather than the modest audience that a stupid comedy about a plot to assassinate the leader of north korea might have drawn, this will draw, you know, 100,000 times as many viewers because everybody's talking about it. it's almost like a publicity campaign. but unfortunately it's a publicity campaign born of very vicious attack on a major american corporation. and that caused that corporation to fall. i was glad to hear michael lyt ob say they didn't cave, but unfortunately they kind of did. >> howard, see you sunday morning. >> thanks, shannon. >> the fbi releasing new developments in the sony hacking case today, but our next guest says the country behind the hack may not just be north korea. plus, a fight between potential 2016 presidential candidates that started right here on "the kelly file." in moments, senator rand paul responds to senator marco rubio.

suggestions mr. paul doesn't know what he's talking about when it comes to cuba. and trust us, you do not want to miss this. and a powerful winter storm brewing for christmas eve could hit up to two dozen states causing headaches for holiday travelers. could protect you from cancer?

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breaking tonight, the fbi announcing new developments on the investigation into the sony pictures hacking. catherine herridge just filed this report. >> shannon, the language in this

fbi statement is carefully crafted. and while reporting there is enough to blame north korea, it stops short of saying they executed the attacks and provides only three pieces of evidence to make the case. it reads in part, north korea's actions were intended to inflict significant harm on a u.s. business and suppress the right of american citizens to express themselves. and the president went further calling the sony hack a crime and comparing it to terrorism. >> we can't start changing our patterns of behavior any more than we stop going to a football game because there might be the possibility of a terrorist attack. >> the president also stating publicly what intelligence officials have said privately, that the sony incident shows the u.s. must make the development of rules and standards for cyber warfare a priority. because being on the defensive is a losing strategy. having reviewed the fbi's

statement, an intelligence source tonight questions why north korea would spend so much of its political capital on a movie, and insists china has an enabling role given the attack's scope and sophistication went beyond what kim jong-un's regime has done in the past. adding -- without beijing's knowledge. the president denied any outside involvement. shannon. >> catherine, thank you very much. joining us with more on whether the sony attack suggests possibility involvement, ceo morgan wright. great to see you tonight. >> hi, shannon. >> okay. so the administration says it has sort of digital signatures, or proof, that point it toward north korea. could other countries be involved? could a sony insider be involved? >> both are actually true. and actually i brought that up a long time ago. we have to look at the involvement of somebody internally. but there's no doubt china whether impolice italy or

explicitly have given approval for north korea to launch this kind of attack. >> i want to play a little bit of this sony ceo said tonight about the level of security that they had in place and then get your reaction. >> right. >> we had absolutely sufficient cyber security. i mean, both the fbi and the experts who we brought in basically said that the malware was so sophisticated that 90% of american businesses would have fallen prey to what happened to us. >> okay. i got to tell you when he said that that scared me. 90% of american businesses could have been affected the same way? that's all of our credit cards out there and everything else, personal information, e-mails. i mean, wow. >> yeah. it's a little bit of a misnomer. he said 90% of the business would have been affected, but once you're inside it's like you might have strong locks on the door, but once inside you're telling the burglar to have at it. but strong safeguards internally to protect sensitive employee information, you encrypt your files.

they had files named passwords that had passwords in there. it's a bit of a misnomer to say, hey, they got past our defenses. yeah, they would have got past a lot of them, but we have a lot procedures in place to slow them down and protect as much from them doing damage as much as possible. i don't think that was the case here. >> it's interesting because we've heard so much talk in washington and on the hill about people saying so much of this is private entity versus the government telling them what to do or requiring them to do certain things and saying really they can only suggest to private entities what they do. so is there a legislative fix to this? do private companies have to take individual responsibility? can the administration put pressure on them? should they, shouldn't they? >> well, a few years ago there was a law passed the government didn't tell companies what to do, but they told them what was going to happen if they didn't do certain things like get their financials in order. so i can see a legislative fix saying we're not going to tell you how to run your companies,

but if you're a company that deals with personally identifiable information, if you don't have reasonable cyber security information in place, you will be held accountable. ceos went do jail during the financial fraud crisis because where they put people in jail for all of the fraud crisis. it's not going to be nice, but some is a self-inflicted wound. >> well, how do you stay ahead? it seems like the hackers are always going to be motivated. >> yes. >> especially if they're being paid off by a state or a nation that can pay them millions of dollars to do a very dastardly deed. how do you stay ahead of that when the people that are the good guys working on the other side aren't necessarily get thag kind of incentive? >> yeah. tom ridge said it best one time. we have to be right 100% of the time, they only have to be lucky once. companies need to adopt a different philosophy too, which is they've got to change the pair paradigm. it's not if we're going to be hacked but when we're going to be hacked and what do we have in

place for response and have we protected our information internally? and have we done drills and done exercises to say this is how we're going to respond if things happen? a lot of times these companies look like deer in the headlights, something happens they're not sure what to do. they flounder around for a while. they've got to have a good plan of attack and the government needs to do a better job sharing intelligence information that they can get prepared and scan for this malware and prevent these things from happening. >> sometimes it takes this kind of a wakeup call to get everybody on. thank you, morgan. >> thanks, shannon. ahead, in moments, senator rand paul responds to senator marco rubio's suggestion that mr. paul doesn't know what he's talking about on cuba. and trust us, you do not want to miss it. plus, she's on the fbi's most wanted terror list. tonight, the growing calls for this convicted cop killer to be returned to the u.s. from cuba. a pm pain reliever

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developing tonight, the president doubles down on his pledge to push his agenda through executive authority during the end of the year news conference. >> i intend to continue to do what i've been doing, which is where i see a big problem and the opportunity to help the american people. and it is within my lawful authority to provide that help, i'm going to do it. >> kirsten powers is a fox news political analyst and columnist for usa today. tucker carlson editor and chief of daily -- and also hosting "hannity," he's a busy man. but he made time for us. good to see you both. >> thanks for having us. >> tucker, i want to start with you. the president doesn't ever have to face voters again and despite the midterm showing he is

ramping things up. it seems like he's going to go out in a blaze of glory. >> well, he's doing what he thinks is good for him and doing things consistent with his core belief, which is expanding the power of the government. but he's also not even attempting what he's shown he's incapable of which is getting a deal done. there's never been a president in my lifetime anyway less capable of striking a basic deal with his -- even his allies. democrats on the hill are furious with president obama because he doesn't consult them. >> kirsten, you and i, i'm sure we hear the same thigpng. you may have a hard time getting a phone call or meeting even when working on major legislative projects the president is always talking about how i'll work with anybody that has a good idea, but he won't answer the phone call for some of his own people. >> yeah. well, this has been a long running complaint about him.

and i think that -- and it's a fair complaint. i will say that i don't think that there in terms of republicans people that have been that interested and working for him. i think they make the same kind of, you know, noises that he makes. but i don't know how much actually gets done when they get together. but in the end what i think he's doing is, you know, for his legacy i think he wants to be known as the progressive president, right? and he wants to be remembered that way. i think he's thinking more about sort of shoring that up than he is about working across aisles or trying to do any kind of, you know, the kind of things that bill clinton did that, i think, you know, where he was trying to appeal to a more moderate group of people, i just don't think that's what's obama's doing. >> sorry, i want to put up a poll and get you both to react to it. this is about checks and balances, how the american people feel about the president's use of executive action, how it's altering the system of checks and balances. 68% say they're concerned. that's basically two-to-one, 32% say not concerned.

tucker, the fact is there are people raising concerns left and right saying president obama's gone he's setting up, you know, precedents, if you don't like the next guy and he's a conservative republican, he's going to point to what president obama did and say he did it first. >> scary precedent and exactly what the founders woke up in the middle of the night worried about. that in the end the executive would have all the power and you'd wind up with a dictator or emperor. you'd wind up with exactly the thing they were running away from. they knew the people kind of preferred a strong leader. and so they split the government into three parts to prevent that. and obama's undoing 200 years of precedent i think at a pretty rapid pace and it is concerning. >> kirsten, quick final word. get you in on that point as well. >> yeah, well, i think that that's right that people do realize that, you know, even if they like obama you don't know who's going to be next. but the reality is not that many people like obama. so i think the fact that his approval ratings are so low probably also feeds into that number. because they feel like, you

know, we're not really that happy with you and on top of it you're doing all these things that don't necessarily have the support of the american people. >> well, we'll see. 2015 is going to be interesting with that new congress and the president who is pledging to work with anyone. we'll see. tucker, kirsten, good to see you both. in moments, a fight between potential 2016 presidential candidates. next up, senator rand paul responds to senator marco rubio's suggestion that paul doesn't know what he's talking about on cuba. you'll want to hear what rand paul has to say. plus, details on the powerful winter storm brewing just in time for christmas eve. buckle up. ♪ [ female announcer ] you've tried to forget your hepatitis c. but you shouldn't forget this. hepatitis c is a serious disease. left untreated, it can lead to liver damage and potentially liver cancer. but you haven't been forgotten. there's never been a better time to rethink your hep c.

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it all started after president obama announced significant changes in u.s. policy toward cuba. kentucky senator rand paul went on the radio agreeing with the white house that the five-decade embargo has not worked. and last night on "the kelly file" megyn asked marco rubio for his reaction. this is what happened. >> senator, your thoughts on senator rand paul's comments supporting the president. >> well, like many people that have been a -- have no idea what he's talking about. i'll tell you why. number one, the embargo is an em bor goe that quite frankly has a bunch of holes in it. the united states is still one of cuba's largest trading partner, even now with the embargo, food stops and other things are available in cuba. americans travel there all the time on what they call cultural exchanges. a bunch of americans travel there by the way in violation of the embargo through third countries, cuban-americans can travel as many times as they want, they can send a lot of money back to cuba to their

relatives. what's hurting the cuban people is not the embargo. what's hurting the cuban people is the cuban government. >> but today senator paul firing back responding on facebook and twitter suggesting senator rubio is acting like an isolationist and doesn't speak for the majority of cuban-americans. i spoke with senator paul just a short time ago. he is a member of the senate foreign relations and homeland security committees. take a look. >> senator, great to have you with us tonight. >> glad to be with you, shannon. >> okay. several tweets today, not just one, there were several. are you trying to pick a fight here? what's going on? >> oh, you know, i never start a fight but i'm happy to finish a fight. i think the remarks were a little bit rude and intemperate. >> meaning yours or senator rubio's? >> well, i didn't start this, shannon, you know. what i would say is the remarks were intemperate and rude. and so we responded to them.

but i would say i don't doubt his sincerity, but i don't think a policy of isolationism has really worked with regard to cuba. we've isolated, we haven't traded, we haven't had diplomatic relations and castros have remained in power for over 50 years and yet we trade with china, we trade with vietnam, we trade with laos. we trade with a host of countries that don't have perfect human rights records. and yet we don't trade with cuba. i think trade might loosen things up and might help to topple the castros. >> how do you respond to those including senator rubio who say this is an embargo full of holes, there is all kinds of business going on back and forth, there's travel going on back and forth, how do we know the embargo would work if it's never really enforced at least not the last couple decades? >> here's the problem, if it's full of holes and doesn't work, why does he want to keep it so much? why keep something that's not working. >> actual enforcement -- >> i know. but we have to have a debate really, what is better?

isolationism or engagement? and i think really engaging nations -- look, for seven years we were at logger heads with the russians and we still are to a degree, yet we have an embassy there and we do trade. we do trade with cuba. it only goes one way. they don't sell anything to us, we do sell some stuff to them. but i think trade does draw us together. trade makes us much less likely to fight. we trade with china. look what happened after the vietnam war. one of the leaders opening up vietnam was john mccain. yes, we did fight with them, we lost 50,000 soldiers, but trade is a good way to improve relations. so i think we've tried it for a long time. it isn't working. when we have trade, when they see the extraordinary things that come from capitalism, that's what ultimately will excite the freedom movement in cuba and ultimately will topple the castros. >> do you really think the people there are going to get that true full picture of capitalism of trade of the rest

of the world that's out there. a lot of folk who is travel there on a regular basis, i talk today a friend of mine there, cuban-american, feel this is almost a slap in the face to their parntd parents and grandparents who fled to come here, just last week when we had the senate report out on the cia enhanced interrogation, some people call it torture, the president said we're above that, but we know it happens to political prisoners and others in cuba. why give any kind of recognition to the leaders there? >> well, the thing is the embargo hasn't worked. nobody wants the castros to be gone more than i am. no one is anti-communist more than i am. in the 1970s we thought it was a terrible idea for nixon to open up trade with red china. but you know what, it turns out that it has been good. it has improved things. it's not perfect. but it's much better to trade than to have war.

and i think what nixon did opening china probably was the right thing to do. and i think we have a better chance of defeating castro with trade than we do with an embargo that just simply hasn't worked. >> i know you wrote in your op-ed let's hope cooler heads will ultimately prevail and we unleash a trade tsunami that washes the castros once and for all into the sea. is that a little too polly anna? >> i think we have the same goals. i think we all want to defeat communism. we'd like to see representative democracy in cuba. we all want that. it's just a question whether or not engagement or isolationism is the better policy. we've had cuban isolationism for 50 years, no trade, no diplomacy. and yet it hasn't worked. so i think trade, i think travel, when they see our stuff, when they see cell phones and smartphones and ipads, and when they see all of that and when people take money down there and buy things and their economy could recover, they'll see

then -- they know it instinctively they know there's great wealth in america. there's a lot of cuban wealth. and it's interesting that the cuban position is no longer monolithic on this. a majority of younger cubans actually would like to see it opened up. but i think when you see all the travel and all the great capitals that's accumulated primarily in miami and southern florida, when you see that going in and buying hotels and buying up property in cuba, it's going to overwhelm communism and it will defeat communism. >> all right. you know when you use the word isolationism or refer to senator rubio as taking an isolationist tact, your critics immediately say that is something they feel is maybe the pot calling the kettle black. >> that's just because they mis -- >> -- isis and others. clarify for us. >> here's the thing, shannon. the reason we point this out is to point out their hypocrisy on this and their misunderstanding of the term. because i'm one who does believe

in trade and diplomacy and engagement around the world. that's the opposite of isolationism. those who have had a retrenchment and pull back and let's pull back within the united states and not trade and not have any kind of diplomatic relations with people, that is isolationism. so i think it's an instructive point for people to talk about and to learn a little bit more about what actually is and what isn't isolationism. >> all right. senator, how much is this little interparty, intersenate tiff about 2016? >> say that one more time? >> how much is this dispute that you two are having about 2016? there's a lot of speculation about both of you running, how much does this planting seeds for that? >> i think it's about the issues. i don't think that there's any certainty that either one of us will run at this point. but the thing is it is about an issue and it's also about a fellow republican who chose to, i think, use rude and inappropriate language with regard to a fellow republican. and i think that -- i won't

stand for it frankly. if someone's going to cast dispersions on me and not talk about policy, then there will be an altercation and i won't shy from a battle. i think i've shown that. >> senator, thank you for making time for us. happy holidays. merry christmas to you and your family. >> thanks. >> we did reach out to senator rubio's office and did not hear back today. next up the growing calls for this convicted cop killer to be returned from the u.s. -- to the u.s. from china. >> we are going to remain very steadfast in bringing her back to new jersey. and we are not going to give up. new jersey state police will not give up on catching her. we're ne pacific northwest. the rain, the mud-babam! it's there. the outside comes in. (doorbell) it's a swiffer wetjet! oh, i love this! i could do this everyday. ewww. sunshine is overrated, now we can get messy.

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use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. i'm a non-smoker, that feels amazing. ask your doctor if chantix is right for you. tonight, growing calls for the obama administration to immediately seek the return of a convicted cop killer and one of america's most wanted domestic terrorists who's been hiding in cuba for decades. joanne convicted in 1977 of murdering state trooper during a gunfight after being stopped on the new jersey. he's been hiding in plain sight in cuba for more than 30 years. and granted political asylum by fidel castro. last year she was the first woman added to the fbi's most wanted terrorist list.

both the fbi and new jersey state police each offering $1 million reward for her capture. and now there are renewed calls to bring her to justice. judge alex, host of judge alex, retired circuit court judge and former police officer joins us live. good to see you tonight, sir. >> good to see you too, shannon. >> what do you make of this? there are a lot of people including democrats think of new jersey senator bob menendez saying if we made a deal with cuba and opening lines that benefit them, there are a lot of fugitives out there but this woman is at the top of the list. how come sending her back wasn't part of the deal? >> absolutely. i think that's a great question. it's not like the administration didn't know about her. she is on the fbi's most wanted list. i guarantee you they knew she's hiding out in cuba. so we gave them three spies, three convicted spies, one of whom was also convicted of two counts of conspiracy to commit murder for two deaths. we loosen travel restrictions, we allowed the exchange of money with the island going forward. and in exchange for that we got

one member of the cuban military who was feeding us information. because apparently alan gross, if you believe the administration, wasn't part of that deal. that was our trade. i think that would have been a good deal to say, hey, you got several murderers over there, she's a key one. also charles hill suspected of being involved and has i believe confessed to being involved in the murder of a state trooper. he's living his life comfortably in cuba as well. a good deal would have been to say to the cuban government, you know what, we're going to trade you these three spies and loosen travel restrictions, we want every fugitive that you have over there, which are dozens, dozens of u.s. fugitives including the ones that stole hundreds of millions through medicare fraud. that would have been something i could get behind. >> all right. something a lot of folks won't know is that you were born in cuba, your family came here as just a child i imagine they came here for specific reasons. somebody i talked to today

including my nanny who is cuban-american, there are people who feel like their families made great sacrifices to flee all was for nothing. the castros just waited out the u.s. administration. >> yeah. i mean, it's kind of surprising how long these two brothers lived. they've outlived so many presidents so far. the cubans came here in the '60s expecting they were going right back. that makes them different from other immigrants who came here to start a new life. we thought we'd be going back after bay of pigs and unfortunately that didn't work out. america was generous enough to give us a new home and life here. but that obviously leaves a different feeling about the people behind who took your country and your property from you. and a lot of people especially in hollywood look at castro as some kind of revered figure when he and his brother are nothing more than mass murderers. every time i see some pinhead in hollywood wearing a -- shirt i think to myself either he's an

idiot, doesn't know he was a mass murderer and he's wearing his face on his shirt, or he knows he's a mass murderer which makes him a bigger idiot. but unfortunately that's the way it's always been with cuba. >> judge, we are glad that you came here, you served not only auz a law enforcement but as an officer of the court as well, for that we're grateful. thank you. >> thank you. i appreciate it. thank you. coming up, the powerful winter storm brewing just in time for christmas eve. and new details into the investigation into whether or not bowe bergdahl deserted the army. an issue his platoon has very strong opinions about. >> is there anything you can say at this point that would persuade you he did not desert? >> no. >> nothing. >> he lep r.o.p., he left brothers, soldiers, leadership, he left the country to go seek out the taliban. [ breathing deeply ]

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a powerful winter storm brewing for christmas eve and could hit up to two dozen states causing headaches for holiday travelers. rick has the details. >> hey, shannon. remember thanksgiving how cold it was for almost everybody? not the case this christmas. but it is going to be stormy. let's take a look at the temperatures. this is tuesday. so heading off into the big travel days. and look at these temperatures. all across the coast tuesday into wednesday 55 in new york, 50 in buffalo, 60 in raleigh. there is some cold air but even not all that frigid by the time we get towards christmas day. temperatures not all that bad. but there is precipitation. and there's a storm we're going to watch start to brew on tuesday evening. maybe a little bit of severe weather in the south, and then you'll notice this rain right here. that blue line, that's where it's below 32 degrees. so most of this precipitation is

going to be falling as rain, not as snow. that's certainly good news across a lot of the roads. but when you see these lines tightly packed like that, that means it's very windy. so wednesday a really windy day all across the great lakes. the busy airport at chicago maybe eventually seeing some snow with it, but we're talking about a lot of wind. so i think we're going to see some big delays across a lot of the airports wednesday. and then thursday we're still dealing with this storm with a lot of the wind. but most of the precipitation and all of the precipitation at this point along the eastern seaboard looks like it's going to be falling as rain. here's your wednesday travel day. this is this big storm we're talking about here. but you'll also notice out across parts of the west a storm beginning to move in there. and that's going to cause some problems for the rockies and areas say to the north of san francisco. here's currently where we have snow. if you're a kid and you're thinking i want a white christmas, we have some snow. by the time we get towards christmas day though we're going to melt some of that down here because of the warmer temperatures. a few areas across the north will certainly see some. there's your christmas forecast.

shannon. all right. thanks, rick. new developments in the investigation tonight into the disappearance and subsequent release of army sergeant bowe bergdahl who was exchanged earlier this year for five gitmo detainees. national security correspondent jennifer griffin reports from the pentagon. >> shannon, sergeant bowe bergdahl's fate could soon be known. this afternoon defense secretary chuck hagel was briefed on the army investigation as to why bergdahl left his base in 2009 and whether it amounted to desertion. we pressed hagel's press secretary about the results. >> i won't be reading out the briefing that he gets. this is an army investigation. >> the pentagon has so far refused to release the report. and said hagel did not plan to brief the white house. >> the secretary's not going to do any arm twisting for the army. there's no role for him in the process to modify the

investigation. >> if it is not subject to change, why are they holding him? >> i answered the question. i've answered the question. >> but we don't get it. i mean, the secretary gets to see it. the question is why doesn't everybody else get to see it? we've been waiting for a while now -- >> i suspect that at the appropriate time the army will make the investigation public. at the appropriate time. that time is not going to be today. >> the nonpartisan government accountability office concluded the pentagon broke the law when it swapped five taliban leaders held at guantanamo bay for berg da dal. it did not inform lawmakers 30 days before the transfer and spent more than $130 million in unallocated funds to arrange the transfer. among the issues to decide is whether bergdahl will receive $300,000 in back pay and other benefits that accumulated during his five years in captivity. shannon. >> all right, jennifer, thank you. we will be right back. but first coming up on "hannity". >> isn't that why we have a department of homeland security?

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all right. if you missed my interview with rand paul, go to facebook.com/thekellyfile. we've posted it for you there. thanks for watching "the kelly file." this is a fox news alert, president obama held his final press conference of the year before jetting off to hawaii for an extended christmas vacation. welcome to "hannity." i'm tucker carlson in tonight for sean. today's press conference came just days after sony decided to pull the plug on the release of "the interview," that followed north korea's cyber attack on the company and after the white house announced its intentions to normalize relations with the castro regime in cuba. standing by at the white house to explain more is fox news's own ed henry. how was it today? >> tucker, good evening. i thought tfts interesting the president had this sort of threat of retaliation against north korea but wouldn't really spell it t,