do you have a strange inheritance story you'd like to share with us? we'd love to hear it. send me an e-mail or go to our website. strangeinheritance.com. hello and welcome to "justice." i'm judge jeanine pirro. thanks for being with us tonight. you know, that five-for-one bergdahl gitmo deal stunk from the get-go. why release those five? the worst of the worst, the upper echelon of the taliban, commanders, recruiters, not simple battlefield soldiers. rehabilitated, reformed? their sole mission is to battle and die defending allah. death is the culture that they live in. so what's the point of releasing them? you don't let a baby swim in shark-infested waters because the outcome is inevitable. but the obama administration at

that time said nothing to worry about, folks. take a listen. >> i wouldn't be doing it if i thought that it was contrary to american national security, and we have confidence that we will be in a position to go after them if, in fact, they are engaging in activities that threaten our defenses. >> there were sufficient mitigation steps taken by qatar and assurances received by the united states that these detainees do not pose a threat to u.s. national security. >> these five guys are not a threat to the united states. they are a threat to the safety and security of afghanistan and pakistan. >> and those assurances relating to the movement, the activities, the monitoring of those detainees give us confidence that they cannot and in all likelihood will not pose a significant risk to the united states. >> but this week u.s. officials

confirmed that one of the five is attempting to return to terrorist activity with the taliban. now, there's a shock. and i'm not talking about white house ineptitude. i'm talking about an enemy so hardened and so determined that they are willing to play this silly little game that we are so naively willing to believe that they'll be good boys. proven by the fact that they've taken up yoga and they plan to go home and start farming. i didn't know the taliban grew anything other than opium. so how does the white house get out of this? the pentagon's admiral kirby. >> we remain confident as we were when we sent them there that the assurances we received are sufficient enough to help us mitigate any future threat that these individuals might pose. >> so admiral kirby, i guess the white house was wrong. or didn't tell the truth.

oh, i get it now. he really was a threat. but it's a threat you can handle. but that pesky question, why five for one? the same one whose platoon soldiers called a deserter in the midst of combat, an act punishable by death, and who mail charged with some form of desertion. why not trade one for one? we might have been able to use the other four terrorists as leverage to save other american hostages. but wait a minute. i forgot. i forgot we don't negotiate with terrorists. let me see if i get this. an american like james foley is held for two years and then beheaded. we don't negotiate for him. but we do negotiate for someone who was widely believed to be a deserter both inside and outside the pentagon. since when do we trade mass

murderers for someone like this guy, bergdahl? remember, mr. president, you never told congress, as you are legally required to, that you were doing this lopsided deal. maybe you needed those hugs with bergdahl's mom. and dad in the rose garden. but even then there was something that wasn't right. and don't give me this hogwash that these are prisoners of war who have to be freed when we leave afghanistan. first of all, we haven't left afghanistan. there are still 10,000 americans there. we know that you don't like the military, but why replenish the enemy? when the number of remaining american troops is at its lowest. a little primer here. gitmo detainees are not prisoners of war. the taliban is not a country. they don't wear a uniform. they don't follow chain of command. they don't carry arms openly,

and they kill civilians. as such, they are enemy combatants who can be held indefinitely or until they cease to be a danger to us. now, mr. president, i know you don't like terms like islamic extremist and jihad, but now you don't like the word "terrorist"? now the taliban are not terrorists? >> i'd also point out that the taliban is an armed insurgency. isil is a terrorist group. we don't make concessions to terrorist groups. >> you don't consider the taliban a terrorist group? >> i don't think that the taliban -- the taliban is an armed insurgency. >> okay. they're now an armed insurgency. you know, you can parse this crap out whatever way you want, but here's the bottom line. they kill americans, they're terrorists. they kill schoolchildren, they're terrorists.

and just yesterday, this so-called armed insurgency, the taliban, proudly took credit for killing three americans. and you want to call them armed insurgents? so i say to myself, what difference does it make? here's the difference. since you did negotiate with terrorists and you're not supposed to negotiate with terrorists, you can't call them terrorists. so now you have to call them armed insurgents. armed insurgent is not even a recognized legal designation. mr. president, you make this stuff up as you go along? who are you trying to not offend this time? the taliban? you think not calling them terrorists will just make everything better? or did you get your hand caught in the cookie jar where you negotiated not only a bad deal but a deal that you weren't supposed to make in the first place? mr. president, stop playing games with words and start

recognizing that we're in a war. what the american people see is less of a war, though, and more of a war on words. it's time for you to stop playing games. you didn't release, you unleashed five taliban terrorists. and you have teed up more danger for america. and that's my open. this week retired four-star general jack keane shared a dire message about our strategy or lack thereof to defeat radical islam. take a look. >> u.s. policymakers refuse to accurately name the movement as radical islam. we further choose not to define it, nor explain its ideology, and most critical, we have no comprehensive strategy to stop it or defeat it. al qaeda has grown fourfold in the last five years. is it possible to look at that map in front of you and claim that united states policy and strategy is working?

or that al qaeda is on the run? it is unmistakable that our policies have failed. >> general keane joins me now. good evening, general. >> good evening. >> we're obviously losing. what is the right strategy? >> well, first of all, obviously you have to name it and begin to educate and explain it to the american people what this truly is, a geopolitical movement that's seeking regional domination and eventually world domination. much as communism was doing. i don't think the united states has confronted a security challenge on this kind of scale since after world war ii with the rise of the soviet superpower and the spread of global communism. so that's the issue. and when you think of the scale of it, then, you have to have a global response. so we should form global alliances in the region wheith countries outside of the region who have a vested interest,

develop a strategy with them and many of them are much closer to understanding this ideology than we are, and then begin to share intelligence, technology, equipment. we have -- we have invested significantly in our troops and their capabilities to deal with this threat. many other countries, judge, in the region are conventional militaries. we can help them transition. in other words, we help them train. and they do most of the heavy lifting. >> right. >> and we support it. and we need to train their counterterrorism forces much as ours are the very best in the world. and at times, you know, we will use ours. but listen, what we are doing, judge, we are using drones to go after al qaeda in yemen. and in pakistan. that is a tactic. it's not a strategy. we're pairing with a couple of countries in africa to help them with training, and it's fragmented at best. we finally need to sit down with

the countries involved and let's get together, much as we did post-world war ii with the national atlantic treaty organization and the southeast asia treaty organization to stand up with the spread of communism. >> general, as you speak, i know that even former general, now the president of egypt, attended the army war college. they are a group that's fighting extremists. they took out the islamic brotherhood. investing in people who are already doing that certainly makes sense. you know, it seems that the administration is dancing around this, and you've got this admiral kirby who i always saw as a credible guy saying, you know, we didn't fgt for the release of terrorists, the tal ba taliban aren't terrorists, they're armed insurgents. why is kirby who has such a great background doing this white house dance? >> he doesn't have a choice, to tell you the truth, judge. he's a spokesperson for bad

policy, and he is defending what is now the indefensible. i mean, the facts are this. the united states government in the parts of the u.s. treasury has decl the taliban a terrorist organization, and they put them on the specially designated global terrorist list. the state department also has a list. why we have two lists doesn't make a lot of sense. but the fact is we do. some are on both lists, and some countries are only on one list. but the fact is the u.s. government has declared the taliban a terrorist, and we have a white house spokesperson, a state department spokesperson, and a pentagon spokesperson saying that they're not. it makes no sense. >> it makes no sense at all. but even this deal now that we find out the one guy is looking to return to terror, five for one, why five for one? >> well, i'm not hung up on the number.

america never could be greater to tell you the truth. here's what's wrong with that. i mean, first of all, trading who they are is what the issue is. and that's the implication behind what you're saying. that certainly, i think, was misguided, bad policy in releasing those five, while we're still in the fight and while america is still in the fight. those comments you heard by those other government officials who said well, this isn't a big issue, americans are not as risk, of course we're at risk. we're still in the fight. secondly, we have -- we have captured hundreds of afghans who are imprisons in afghanistan. they were mainly in ours, and we transitioned a lot of them to afghan prisons because that's what karzai wanted. we're starting to leave. we could have easily have let out some of those if we were going to make a swap who were at the level of war that sergeant bergdahl was at. in other words, they were fighters. >> yeah. >> that would have been a considerably more -- i don't agree with that either, but it would have been a lot more appropriate. >> well, and you know, it

certainly reeks of some kind of -- i don't know, smelly deal. anyway, general jack keane, thank you so much for being with us tonight. >> always good talking to you, judge. with me now, rememberer u.s. ambassador to the u.n. and fox news contributor john bolton. all right, good evening, ambassador. these are clearly enemy combatants, one of which wants to return to the battlefield, and we now know that between 6%, according to the white house, and 30%, depending on who you want to believe, return to the battlefield. like iraq, will another hard-fought war by america in afghanistan be for naught? >> i think it's tragically it's almost inevitable. i think the president's determined to withdraw american and what few allied forces remain as soon as he can. i think it's only a question of time at that point before taliban and al qaeda take back over again. and i think we will see them

re-establish afghanistan as a base for international terrorism, support their brethren in pakistan and threaten that government, which if it falls to the terrorists, would immediately give them access to a considerable arsenal of nuclear weapons. this policy is endangering the united states every day. >> when you say nuclear weapons, what do you mean? >> i mean deliverable nuclear weapons that the pakistani military has possessed for some ti time. i'll just give you what i've seen in public estimates of between 60 and 200 weapons. i think it's toward the low edge that they're capable of being delivered by f-16s, by ballistic missiles. they can be given to terrorist groups to put in a container ship, send it into any harbor in the world. it would be iraq on steroids right now if that happens. >> you know, just this evening, we heard word that a second japanese journalist was beheaded by isis. if we negotiated for a guy that many people consider a deserter

who may be charged with desertion, why wouldn't we negotiate to get other americans back like james foley? >> well, i don't think we should negotiate with terrorists or even armed insurgencies, as the white house likes to say. it's a cold, hard logic, but the logic is this. when you reward the hostage-taking activity, when you pay off the kidnappers, you're simply incentivizing them and others of similar ilk to do more so that even though this american life may be at risk, you don't negotiate because you don't want to put even more at risk. >> right, right. and i understand, and the viewers understand the reasoning behind that. but they did it for bergdahl. why? and then they gave up this high-level group of commanders and generals and recruiters. they negotiated! >> because the president's an ideological left winger, i think he didn't see the political downside of the bergdahl aspect of the swap. he's determined to close gitmo.

this was a way of saying he got five more terrorists released, and he could at least cover that with the notion that he had recovered an american prisoner. but he's giving these prisoners away almost for free anyway, and i think it amounts to the same thing when you look at the bergdahl swap. >> you know what? i believe that he knew the dangers of the bergdahl swap, which is why he didn't comply with the law, which required him to 30 days before the swap to notify congress. so to me, that means that he knew. but, you know, will the taliban -- and you say that they're going to take control once we leave -- our weapons, then, are going to be used against us or against other civilians? >> well, i think it's entirely possible. and i think it shows the failure of the argument that we can entrust the defense of america to the afghan national army or the iraqi national army. you know, we trained and equipped the iraqi army that collapsed in front of the isis assault near mosul seven months

ago. and now isis has weapons and equipment and manuals and training that we gave supposedly to the iraqi army. i think putting the defense of america in the hands of these other people on the ground that we need to get out and get home is being demonstrates to be foolish. nobody wants to be in iraq or afghanistan. we don't want to be at war. not our choice, unfortunately. >> well, but now that we still have 10,000 americans there, by releasing these individuals, we are putting them in more danger, are we not? >> well, we are, but 10,000 is a pitifully inadequate force. even though their rules of engagement have expanded, they're not capable of carrying on sustained activities. this is just a fig leaf for the president until he can figure out a way to get even them out. it's a policy of retreat because in large measure, the president

believes that it's the american presence in these countries that motivates the terrorists. so his view is a withdrawn less visible america will calm everybody down, and they won't engage in terrorist activities. it's completely backwards, but that's the president's view of the world. >> all right. ambassador john bolton, thanks so much for being with us. and coming up, shocking new audiotapes released. what the pentagon really thought of hillary clinton's rush to go to war in libya. that's next. and vote in tonight's insta poll. what are your plans for tomorrow's big game? facebook or tweet me @judgejeanine #justice on fox. more flavorful. delicious. only one egg with better nutrition... like more vitamins d, e, and omega 3s. and 25% less saturated fat. only one egg good enough for my family. because why have ordinary when you can have the best.

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a bombshell report. "the washington times" says intelligence gathered during the 2011 libyan civil war does not support why america got involved. then secretary of state hillary clinton is accused of pushing a narrative not based on facts on the ground. >> everything that i'm getting from the state department is that they do not care about being a part of this. the congressmen very much want to be a part of the solution. the state department and clinton

have no -- she doesn't want to negotiate at all. it's been very bad. >> former democratic congressman and fox news contributor dennis kucinich reached out to the gadhafi regime during this time. he joins me now. good evening. am i correct that no one ever intended these tapes to be released? >> well, first of all, i don't know where these tapes came from. and the other thing is that the gadhafi regime had contacted me after i had gotten legal advice from the general counsel of the house of representatives. i took the phone calls. i was told by an intermediary that gadhafi was on the run and was using a burner phone. so that raises questions about where those tapes came from. >> but at the same time, those tapes have been validated by those individuals in the phone calls, and you yourself admit that you were in one of those tape-recordings, correct?

>> i validated a discussion in which gadhafi told me -- >> who was the son. >> the son of moammar gadhafi, told me the following. he said first of all, the violence was initiated by protesters, that there was no bloodbath going on, that civilians were not being targeted. this corresponds to defense intelligence assessments that said that there was no genocide as the state department was claiming. and there was no evidence that a genocide was in process. >> all right. so when you talk about, congress,mcongres congressman, when you talk about the fact that there was no bloodbath and there was none of this other stuff that had been claimed by the state department, that was being used as a reason almost like the weapons of mass destruction, but this time promoted by hillary clinton as to why we needed to, you know, go into libya and take out gadhafi, is that correct? >> that is correct, judge. >> okay. all right. so once a decision had been made to take him out, i understand

that there was a great deal of -- not just frustration on the part of people in congress who are concerned about this narrative that hillary clinton seemed to be hogging, how did they know that? >> well, this gets -- after a while, this starts to sound like a ludlum novel because what happened is that at least a year before, the french and the british and some u.s. involvement was planning an attack on libya. but the secretary had a real instrumentality as a prime mover here. there's people in the intelligence community who may have favored removing gadhafi. there's people in the military who may have favored removing gadhafi, but when push came to shove, people said don't do this. there's no real legitimate reason to do it. >> right, right.

but congressman, my understanding is the pentagon, because they didn't believe hillary, opened their own back channel with gadhafi trying to prevent the u.s. from entering their civil war. and on top of that, on the day of the u.n. resolution to actually go in, how we learn that mrs. clinton ordered a general within the pentagon to refuse to take a call from gadhafi and other high members within the regime to help negotiate a resolution, that they wanted this. >> you know, what you just pointed out, here's what i think -- here's why i think that's so significant. because the communications were at that point that gadhafi was ready to step down. >> right. >> without the war. so if you can win without war, you've already achieved your objective. why -- why push the regime change which involves killing a lot of innocent civilians as

collateral damage and viewing a country which jihadist rebels have basically taken over. >> especially since gadhafi at that point had made reparations to the families of those who were killed in that crash over scotland. he renounced terrorism, et cetera, et cetera. he did all the things that he had been asked to do. do you think that this set the stage for benghazi? >> well, you don't get to benghazi if you don't try to knock off libya. >> exactly. all right. >> and so you knock off libya, benghazi comes up, and judge, there's 15,000 surface-to-air missiles that still have not been accounted for. >> all right. >> that fell into the hands of these radicals. >> absolutely. more to come on this. congressman dennis kucinich, thanks so much. >> thank you. and coming up, he says eric holder's false narrative became the rallying cry for cop haters across america. loretta lynch next. startup-ny. it's working for new york state. already 55 companies are investing

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live from america's news headquarters, i'm jackie ebahn nez. japan condemning an online video allegedly from isis purportedly showing the beheading of a journalist. the video has not been independently verified but released by the terrorist group, and isis terrorists saying the execution was carried out because of japan's decision to take part in, quote, an unwinnable war. president obama condemning the execution saying the u.s. stands in solidarity with japan. the president calling the execution a heinous murder. giant clouds of smoke hanging over brooklyn and manhattan today. check it out. 275 firefighters battling this seven-alarm blaze that destroyed a warehouse. the building contained offices and storage with lots of paper that helped fuel those flames. the weather was so cold, water froze on the firefighters' helmets. an investigation is now under way to determine what happened. i'm jackie ibanebah

now back to "justice with judge jeanine." fireworks during the confirmation hearing for president obama's attorney general nominee loretta lynch. eric holder and his policies coming under scrutiny. one of those who testified is milwaukee county sheriff david clark who joins me now. good evening, sheriff. a lot of dissatisfaction from a lot of people about several areas of the justice department under holder. you are an elected sheriff. why were you there? >> well, i was asked to come and give what life has been like, law enforcement's relationship with the attorney general. eric holder has acted as he's had a vendetta with some of his inflammatory rhetoric. i want to make sure that loretta lynch at least knows when she walks through that things are not cool between the a.g.'s office and local law enforcement. i'm not saying the entire doj but with the a.g.

and i want hto hear that life i going to be better under her administration because we have to work together. we're allies with the department of justice, whereas eric holder treats us like villain. >> you know what, sheriff? it's no secret, i was in law enforcement for 30 years, it's no secret that the feds and locals don't always get along. but is it your sense that it's worse under this administration than ever before? >> well, there's no doubt about it. look at some of the language that he's used. you know, he's painted with a broadbrush with law enforcement all across the united states as if we're blood thirsty, that we, you know, have this target on the backs of young black men, that we seek them out for execution in the streets. that stuff is distasteful and disgusting. eric holder even invoked the name of emmett till, a 14-year-old who was kidnapped from his home at gunpoint and found dead in a river. anybody who would compare mike

brown to emmett till ought to have their head examined. >> well, let me ask you this. eric holder takes his marching orders from obama. now, loretta lynch is going to take her marching orders, if she is confirmed by the senate, from obama. is there anything about her history that leads you to believe she might be a little different? i mean, she was a u.s. attorney and is a u.s. attorney right now. >> well, i'm going to give her a chance, but early on she's going to have to make it clear, and i'm going to be watching her closely and i'm going to be lispilisp i listening closely because we need a better relationship. we want to make sure we're not getting eric holder on steroids or eric holder 2.0 in our relationship in the future with the attorney general's office. you know, time will tell. >> well, you know, the justice department apparently there is -- there is a belief now that what has happened in ferguson, that although the report is not yet out, that the fbi has

already made its findings, and this is expected -- and this has been in a lot of reports -- that there will be no finding of wrongdoing against officer darren wilson. now, that has been out in the news for a while, although the final report isn't out yet. and yet i didn't hear a peep from anybody. but if the locals said or did anything, they were looting and committing arson and stealing. how do you read that? how do you read the difference? >> well, you know, the report, as you indicated, isn't out yet. i think one of the best things that loretta lynch can do is sign off on that quickly, if there's no finding of probable cause and any civil rights violations have taken place. i think the grand jury in ferguson, missouri, got it right. >> well, yeah, and they went crazy, but they didn't go craze where when they heard the justice department is probably going to agree. and that's what i think is strange. anyway, sheriff david clark, we're going to continue to have you on as you monitor the situation. thank you.

>> thank you, judge. >> all right. and now for some news on american sniper, chris kyle. yesterday texas governor greg abbott announced that the lone star state will honor the deadliest sniper in american history by officially making this monday, february 2nd, chris kyle day. "american sniper," of course, the film about kyle's life in the military continues to break january box office records, and i'm going shooting in his honor. up next, a sneak peek at this year's wildest super bowl commercials, and we'll even show you one you won't see during the big game. you know.... there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious and an excellent source of fiber to help support regularity. mmmm. these are good! the tasty side of fiber. from phillips

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man when i got shingles it was like being blindsided by some linebacker. you don't see it coming. boom! if you've had chicken pox, that shingles virus is already inside of you. it ain't pretty when it comes out. now i'm not telling you this so that you'll feel sorry for me. i'm just here to tell you that one out of three people are gonna end up getting shingles. i was one of 'em. so please go talk to your doctor or pharmacist. it wouldn't be super bowl without the commercials. and we rounded up the top commercials, and this is your sneak peek. with me now, stand-up comedian

heal heather mcdonald. good evening, heather. let's look at some of these ads. the first one is for snickers and gives us a new take on the brady bunch. watch. ♪ >> marsha, what happened? >> peter hit me in the nose with a football. i can't go to the dance like this. >> well, i'm sure it was an accident, sweetheart. >> an eye for an eye. that's what dad always says. >> i never said that, honey. >> shut up! >> eat a snickers. >> why? >> you get a little hostile when you're hungry. better? >> better. >> marsha, marsha, marsha. >> jan, this isn't about you. >> it never is! ♪ >> your take, heather? >> i love it. i think it's hilarious. i would love to see more commercials using old sitcoms, "facts of life," "diff'rent strokes," not necessarily "the cosby show," but other sitcoms would be really, really great to see people intercept in there. >> with that guy swinging the

ax, don't you think a snickers and sugar is going to make him even crazier? >> yeah. well, you know, i've seen the other ones before, and i do think it's a really funny theme. >> yeah. >> i just love the way they cut it in so perfectly. and everybody remembers that classic "brady bunch" commercial of when she barely got hit by the football and her nose looked like it was like joe namath's, it was ridiculous. >> let's look at the next one. this commercial features kim kardashian. take a look. >> hi, i'm kim. each month millions of gigs of unused data are taken back by wireless companies. tragic. data you paid for that could be used to see my makeup, my back end, my outfits, my vacations, and my outfits. sadly, all lost. please, help save the data. >> hit it, heather. >> first of all, i love it. i love that she can make fun of herself. she is the one that's made being

conceited not a bad thing anymore. everybody takes selfies. everybody wants people to tell them how good they look. and she's, you know, making fun of it, and it's true. i love how it's done in a serious nature like it's a real charity. i thought it was really funny and great. >> all right. i have no comment on her. anyway, the next commercial, though, has one of my favorite actors in a very unusual role. take a look at this one. >> what you got, chad? >> i'm so glad you're here because i got a role that is perfect for you, man. >> don't tell me. action-adventure. >> sort of. picture this. we open on you. you're driving in a beautiful car up a snowy mountain road. you go in. >> 200 miles an hour? >> no, 30. you look up in the trees. >> you see -- >> sniper. >> no, an owl. you come around a bend. there's something blocking your way. >> a missile launcher, right? >> nope, a moose. >> a moose?

>> i like that. all right. what do you think, heather? >> i mean, i kind of miss him. like i hope this, like, sparks him being in more movies. i loved him when he was james bond. he's super sexy. i love him when he's a spy. and great commercial. the car looks great. >> oh, forget the car. he looks great. i don't even remember what car he was driving. >> like a nice white suv. i know, he looked very sexy. and really clever. very funny. >> i thought it was great, too. all right. the last commercial is the one that got pulled after the backlash, heather. watch this one. ♪ >> look, it's buddy!

i'm so glad you made it home. because i just sold you on this website i just built with godaddy. ship him out! >> heather, talk to me. >> i thought this was so hilarious. i was so bummed that it got pulled. why can't anyone have a great sense of humor about it? i thought it was -- i thought it was funny. i mean, people do have dogs that they sell. and people take them into their homes and give them great homes. am i the only one? >> you know what, i love that you have a sense of humor. and check out heather's dvd called "i don't mean to brag." thanks for being with us, heather. >> thank you. i mean, that dog might go to malibu and have a great life with a richer family. who cares? >> you're right, you're right. but with the big game just hours away, i went out on the street to find out how much people know and don't know about the super bowl. watch. ♪ >> reporter: watching the super bowl? >> of course. >> reporter: who you rooting for?

>> i don't know yet. no, seattle, of course. >> reporter: okay. why do you say of course? >> because i like seattle. >> reporter: now i'm going to throw my football at you, all right? all right, can you catch this? who is performing at halftime? >> kelly clarkson. >> reporter: no, katy. katy. >> katy. >> reporter: katy what? >> katy perry. >> reporter: right. >> hey, this ball is deflated! >> reporter: oh, no. bring in the judge. here i am. how are you? who you rooting for? >> go seattle. >> reporter: why? >> i hate the patriots. >> reporter: why? >> because i'm a jets fan. >> reporter: are you watching the super bowl? >> yes. >> reporter: all right. what do you know? who's the quarterback on the seahawks? >> [ bleep ] i don't know. >> reporter: do you have kids at home? >> three. >> reporter: have you heard about the puppy bowl? there's a puppy bowl. you may have to compete with your children to watch the super bowl. who's going to win? >> me. >> all the way to the goal. touchdown! and that's a touchdown, team fluff!

>> who are you rooting for? >> reporter: who am i rooting for? i'm rooting for the most honest team. >> oh, so is that a subtext of saying you're rooting for the seahawks? >> reporter: i don't know the seahawks. i haven't met them. and with me now, the former punter for the new york giants, sha shawn. thanks for being here. when you were playing, they shared the ball. who decided to change that rule? >> peyton manning championed it. he wanted each team to prepare their balls before 2006/2008. everybody used the same footballs, both teams. so in the last several years -- >> why did peyton get to change it in. >> because the quarterbacks like the balls the way they want. when you have to use the other team's footballs, they might not be the way he wanted him. he said let's have each team have them the way they want. >> the nfl comes in and cal date it, weigh it and all this other stuff. and yet it's not the same.

you can't really pick what you want. >> well, the way this thing -- all this thing's turned out with the new england fiasco, they're going to change that drastically. i'm sure you'll see guys with machine guns protecting the balls at the super bowl tomorrow. >> or maybe the nfl shouldn't give them to the ball game or whomever they give them to. in criminal law, it's called chain of custody, you know, with evidence. you've dgot it here and you follow it until it gets into the courtroom. they don't have that in the nfl. you've got the ball here, the ball there, the ball boy gets it, 90 seconds, you could take the air out of it, right? >> well, and that's what's happened before. i promise you won't see that anymore. there will be a chain of custody that will be followed very closely. >> why would want the air out of the ball for someone stupid like me? >> well, you're not stupid. >> thank you. >> some quarterbacks like the ball to be a little more deflated. they have a better grip. they can throw it better. more importantly for the running backs and receivers, they can hold it better so they don't fumble it as much. that's the most important thing. >> they could have a smaller

ball with as much pressure in it as the bigger ball with less air in it. >> that is true. >> it is, okay. i don't know. okay. what do you think the best way for the nfl to protect the balls from to protect the balls from tampering. you said it. machine guns. >> after this they will have an etiquette. they have a uniform cop that makes sure you are dressed properly. i'm sure there will be a football cop to check the footballs to make sure he is with them the whole game. >> you were in the super bowl? >> i was in two. >> you got the ring. two rings. they are beautiful. we should get the camera on these. can i buy one of these? >> they are for sale on the internet. >> what is it like the night before the game? >> it is anxious. here's your chance. you can't believe you're there and it's hard to sleep. >> i'm excited. and i don't get it. now listen, they want me to learn how to kick a football.

now i have one sister and no brothers. how do i kick a football? where am i kicking it? what am i doing? >> you want to hold the ball like this. when you drop the ball you it to drop flat. >> i'm dropping it? >> dropping it out of your hand. keep your toe pointed and watch the ball. drop it and just make contact with it. >> but you drop it -- with the same hand and leg. >> not with your left -- watch the ball. >> okay. >> wow. you kicks it over the light. >> it's good to have you here. thanks so much. congratulations to you. you're a hero. >> they say we're coming back. thanks for the ride around norfolk! and i just wanted to say, geico is proud to have served the military for over 75 years! roger that. captain's waiting to give you a tour of the wisconsin now.

could've parked a little bit closer... it's gonna be dark by the time i get there. geico. proudly serving the military for over 75 years. [ male announcer ] ha thing of the past?r well...you use the past. huntsman cancer institute has combined 300 years of family histories with health records to discover inherited genes for melanoma, breast, colon and ovarian cancers. so we can predict and treat cancer. and sometimes even prevent it from happening in the first place. to learn more or support the cause, go to huntsmancancer.org.

and now for the results of tonight's poll. we asked what are your plans for tomorrow's big game? matt says going to the shooting range. joe says watch a rerun of judge jeanine. and "c" says watching the seahawks get deflated. and lucy saying going shopping. the stores will be empty. thanks for those great responses. i reading what you think. log on and send me your thoughts

on the show. facebook and follow me on twitter @judgejeanine.ok. i'm going to post those pictures. check them out. that's it for us tonight. you don't have to miss justice. just set your dvr and tell your friends to do the same. have a great day tomorrow. thanks for joining us and see you next week. [ hoof beats ] i wish... please, please, please, please, please. [ male announcer ] the wish we wish above all...is health. so we quit selling cigarettes in our cvs pharmacies. expanded minuteclinic, for walk-in medical care. and created programs that encourage people to take their medications regularly. introducing cvs health.

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the wolf of wall street was downloaded illegally more than any other movie. >> piracy. >> musicians have a problem too. >> i don't want to talk about leaks. >> america grants certain rights to creators of songs, books, movies. the idea is to -- >> encourage the creation and proliferation of new ideas by providing a brief and limited period of exclusivity. >> that's a brand name. like pepsi. that's a brand name. you change the name on it. >> if he doesn't change the name, the lawyers may come. >> an intellectual property attorney. >> you can be