right now on justice, outrage after yet another cop is targeted by a thug. this time it's a man who says he did it for isis and allah. >> that is abhorrent and terrible. it does not represent the religion. >> the shooter's evil but this guy's got no excuse. find out why i'm mad as hell at the mayor of philadelphia. is it a smoking gun against hillary? i'll take on one of her supporters about the bombshell e-mail that i says proves intent and a massive cover up. and later -- >> we looking for guns we would all still be british. >> street justice is back.

i take the gun control debate to a construction site and found workers who were ready to hammer. >> where is the other big mouth, come here. >> justice starts now. hello and welcome to justice. thanks for being with us tonight. you know, i planned to talk to you tonight about president obama and his kpktive gun action this week. but when i listened to the press conference in the wake of yet another attack on a police officer i was furious. and one of these men has me fuming. within hours of the shooting of philadelphia police officer jesse hartnett who was sitting alone in his police cruiser, mayor kenny of philadelphia makes one of the most astounding, asinine statements that i've heard since the last time i listened to a white house press conference. take a listen. >> in no way shape, or form does anyone in this room believe that

islam or the teaching of islam has anything to do with what you saw on that screen. it's abhorrent and terrible and does not represent the religion in any way, shape, or form or any of its teachings. >> a hero sitting by himself guarding the community in the city of brotherly love almost assassinated by this man and you bring your nonsense apologetic, politically incorrect bologna to a law enforcement press conference? hey mayor kennedy -- kenny, in case you forgot, philadelphia is the place where the declaration of independence was signed and the constitution written. its location is a symbol of freedom where the independence hall and liberty bell sit. last i checked the first amendment reigned supreme. who are you to tell me what the shooter's motivations are when your police department has a video confession of the shooter

himself admitting what his motivations are. >> we had the suspect upstairs and the homicide unit talked to him. he didn't have anything to say but then he stated he pledges his allegiance to islamic state and follows allah and that's the reason he was called upon to do this. >> how dare you take the sympathy away from officer hartnett and the men and women in blue by the haters and turn it into sympathy and understanding for a different group? i don't need you to tell me or lecture me what i should be thinking because you want to suck up to the commander-in-chief. how about you drop your nonsense and stop apologizing and start focusing on the threat to kill those in your department. and i don't know if you need to see an eye doctor but the man is wearing muslim garb and sworn allegiance to isis. he told the cops he did it for allah and isis.

his mother says he is a devout muslim. are you stupid? and you're not alone in your stupidity. on december 17th, 70 democrats in the house of representatives introduced house resolution 569, a resolution condemning violence, bigotry and hateful rhetoric toward muslims in the united states. those congressman and women wished to express their condolences for the victim of anti-muslim hate crimes no mention of christians and jews two weeks after the islamic state inspired massacre of americans in san bernardino, california. and loretta lynch expressing her greatest fear is anti muslim rhetoric that might lead to violence. all of this, folks is a direct

violation of the first amendment right to free speech. yes, offensive speech is protected. and need i remind anyone that the first amendment reads congress shall make no law respecting religion or the abridgement of free speech. they don't seem to understand they are violating our rights. offensive speech is protected and congress is forbidden from promoting one religion over another. i have feared for some time that sharia law is already here. this resolution is a front to the free dpom of religion by prioritizing one religion over another. and this resolution and the names of those who sponsored it are on my facebook page. so mr. mayor stop mouthing off when you don't know the facts because you are bandering to the white house and the political

class that is taking us down this road. start by offering your sympathies to officer hartnett and his family and the family of those americans killed in california and that's my open. tell me what you think on my facebook page or twitter #judgejeanine. and joining me to break this down is ron hoscow. so the shooter says he shot a police officer in the name of islam and allah and this mayor jumps up and says it has nothing to do with islam. is this guy crazier than the shooter? >> it seems like perhaps he was off camera reading the white house's talk points while we heard from the new police superintendent up there in his head of homicide that laid out what came out of the subject's mouth. i'm not sure what at reality the mayor is dealing in other than the alternate reality of 1600

pennsylvania avenue. >> well, we know, ron, that you know, isis is calling upon the lone wolves to attack. men and women in the military, men and women in law enforcement, and we know that this guy was a muslim garb. he according to his mother a devout muslim. we know what he said. i mean, what is the advantage to this mayor, you know, and it's so incongress grous to me in the city of dependence talking about what we shouldn't do, where does he get his facts from? >> it is absurd. maybe the next time the mayor wants to be in the interview room instead of the police so he can cut out the intermediaries and tell us what story he wants us to hear. i think that knowing the people in philadelphia, i worked there

for a number of years, have a number of friends up there. the people in philadelphia are going to see past and listen past what this mayor is saying. and see a new police commissioner who they know and trust. he's been there a long time, highly respected and they're going to see what the truth is in this. >> and the police commissioner, i don't know if you know this, but is he there at the behest of the mayor? how does it work there? do you know? >> i think he is. and he is the mayor's selection. rich ross is extremely highly respected. he is the right selection for that city at this time. and however if he starts to sing a tune that is unwelcome or unwanted by the mayor it wouldn't surprise me if the mayor wants to dismiss him. >> i certainly do too. and we're going to have our two

cents in anything like that happens. you were with the fbi. what is the fbi doing to assist the philadelphia police, if anything? >> well the facts are going to drive this investigation to its logical end point. certainly the fbi is looking at those overseas trips to egypt and saudi arabia to see if they can -- with foreign intelligence services -- find out where mr. archer met overseas and what may have inspired him or motivated him. they are going to be scrubbing his electronic media, looking at phone records and the tapes from the search warrants, looking at computer records, trying to figure out what this person's network is and what led him to this point where he tried to assassinate a young philadelphia police officer. >> we keep hearing saudi arabia,

15 of the 19 hijackers or this couple from san bernardino going through saudi arabia and this guy visiting saudi arabia. you wonder what our relationship with that country and what we have to try to do to figure out what's going on over there. and have you heard the president say anything about this particular shooting? >> i have not and i'd say i'm disappointed but i'm not surprised. he does not always do that. i think this shooting and the subject mr. archer says was his motivation does not fit this president's -- there are people in america who are hearing this message of isis and that's not the narrative that this president wants. i think if anything we'd hear about gun violence from the president he would be telling us

all look over there and try to get our attention on some other target. >> what is interesting is that jim comey said it was terrorism and we're talking about that san bernardino attack. anyway, ron, thank you for being with us tonight. >> great to be with you. >> joining me now, former nypd detective pat brosnan. this guy archers shoots officer hartnett with a gun that was apparently stolen or lost by a police officer in 2013. do you think we'll find out any more of the circumstances of the gun getting into the hands of this man? >> it's difficult to say. the fact is that archer has been very forth coming as relates to his motivation as was clear by the worths that came out of his mouth. >> and on video. >> i understand, judge.

the fable that was spun by that mentally deranged individual masquerading as the mayor it's madness. it drives me to the brink of distraction. he is a sickening example of a little baby who is terrified to say the "t" word and it's part of the lie coming out of the white house. throw him out on monday. that is disgusting what he said. >> no one was asking him to say terrorism. he then in the midst of this horrific assassination attempt on a cop who is such a hero he says let's be nice to everybody over here. he doesn't offer sympathies -- i'm not asking you to say this guy is terrible, offer your sympathy to the real victim. >> it's one of the worst i've seen recently and there's been a lot. if isis were comprised of irishman i would report every

shady redhead i bumped into. no one wants to be squared away on this. you have to take racial profiling and throw it out and take profiles and put it in your vocabulary. the jackals are at the door and helen keller and stevie wonder are at the top. it drives me up. >> without being critical of them -- >> god forre bid. >> but this is a scenario where we are -- i understand your analogy. we have our head in the sand. how about that one? these isis inspired people, they are listening to their cell phones, what do you know about that? they are being told to attack? >> absolutely. they are pumping the isis arm, their propaganda arm which is extraordinarily well funded is pumping this message into the mobile devices of susceptible

individuals, it's saying come to the caliphate or kill where you are. this is terrifying stuff, judge, unless we get our heads off of the sand -- if san bernardino and you were on the range when tashfeen malik was shooting with a burka with an ak-47 would you not have reported it? is that not suspicious behavior? >> you know the answer to that one. how do police prepare themselves? it sounds like you are into profiling? >> totally. i've been doing it for 33 years. it's the most effective tool available and the cheapest and most pragmatic one available to law enforcement today and three decades ago. >> if i'm in a police car and see someone dre dressed like an imam my guard may be done. maybe the head of a mosque.

i don't think he's going to shoot me but you say you should think the opposite? >> i think you should base your decisions on pragmatism not on concerns of being branded an islamaphobe. >> you know what -- here's the problem, what about freedom of religion? doesn't she have a right -- i'm not saying she shouldn't wear it but doesn't she have a right to wear it? >> she absolutely does, judge, but the fact is today we are wrapped in this bill of rights that allows us -- it allows us when we identify behavior that is troubling and suspicious and problematic, notify the authorities and let them tell you you may have possibly overreacted if people had said back in 9/10 before 9/11 we have

a guy who wants to fly straight and doesn't want to know how to land. is that a clue? is that suspicious behavior? it is. we have to toughen it up. >> pat brosnan, good to have you here, pat. >> no more mr. nice guy. >> i can see that. >> and marco rubio doesn't show up to work. he's got one of the worst voting records in the senate. why would congressman trey gowdy support him so early in the race. congressman gowdy joins me to answer that question. another hillary clinton e-mail thing that has me outraged. tonight's instapoll question, should we have the death penalty

for isis-inspired acts of violence? we always were told we were german. we were in a german dance group. i wore lederhosen. so i just started poking around on ancestry. then, i decided to have my dna tested through ancestry dna. it turns out i'm scottish. so, i traded in my lederhosen for a kilt.

welcome back to justice. earlier i spoke with trey gowdy about president obama's

executive action on guns. david petraeus, classified information and testimony on benghazi and the 2016 gop presidential candidate marco rubio. take a look. >> congressman thanks for being with me. this week the president said that he has a proposal and his gun control proposal is background checks. are you a bit underwhelmed? >> i'm kploo completely underwhelmed. we have background checks and the prosecution levels are anemic. out of 80,000 background check denials in 2012 there were less than 500 prosecutions to say you need another category of background checks to not prosecute i was underwhelmed. >> when i was a judge i would sign pistol. background checks are appropriate but the problem is there is no way through these background checks to identify

whether or not someone has a mental problem which we continuously see in some of these mass shootings. >> although i will tell you this, federal law already makes it against the law to possess or sell or purchase a firearm if you have been adjudicated mentally deficient on committed to a mental institution. that is already against law. over the last five years look how few people have been prosecuted under that existing law. for him to say we need to take guns out of the hands who are criminally irresponsible, i agree with that, judge. i had a gun pulled on me by someone who was found not guilty by reason of instant. but you already have a law. you're not prosecuting anybody you should it. >> the gun prosecutions have dropped by 30% or 40% since he has been president. and what is stunning to me is that chicago, which has these incredibly high murder rates and

the only people with the guns are the criminals, they have one of the lowest gun crime prosecutions by the feds in the country. >> over the last five years gun prosecutions have dropped about 30% and for about six years i did gun cases. i get they don't have a ton of jury appeal. murder cases have a lot of jury appeal. but the objective is to prevent the murder and put the person behind bars for another offense before they kill someone. >> it makes sense to me. but let's move on. you have been criticized as it relates to benghazi. this week you hear from general petraeus. some of the daycares aemocrats g there is nothing new we heard. did you hear anything new? >> we heard something new in all three categories and the democrats that are complaining they heard nothing new from general petraeus had an asked

and answered website up a year and a half ago. when we started no one had any of secretary clinton's e-mails. >> you found them. you get credit for that. >> ambassador stevens' e-mails no one bothered to look at. patrick kennedy's e-mails. we have a hundred thousand documents. if my colleagues are not smart enough to find something new in 100,000 documents they need another line of work. >> jim comey, former deputy united states attorney, he has this case, do you think that he's going to do anything as it relates to the e-mails and that there is admittedly classified information on some of these e-mails. what do you think that comey is going to do? >> i trust director comey. i think he is a straight arrow.

i have said that from day one. i don't want to interfere with his investigation. it's not my job to interfere with his investigation. i'm in a different branch of government. it's his job to investigate criminality. it's not my job. i trust him. >> you and i are on the same page on that one. i trust him and know him and worked with him. you endorsed marco rubio. why so soon? why did you jump out so early. he has a terrible record as it relates to actually being at work and voting on laws that matter to the american people. >> i think what senator rubio would tell you is the same thing he told me he is running to make those votes congresequential. the president's most powerful person in our political structure. if you really want to fundamentally change the direction of the country what we

have seen over the last seven years is you need the white house. it may seem early, the primary in south carolina is in february. i typically don't endorse and i have been clear with everyone i have talked to, you have an obligation to investigate the candidates for yourself. i don't know what issues are important to you and i would never tell you who to vote for. the issues that are important to me, marco is good on them and he communicates in a way that there is a desire for in our country. >> there is no question he is articulate and bright but what most people expect is that people show up for their jobs and do what they're supposed to. last question before we go. you have not heard from susan rice, the woman who said it is all about that video. will you bring her before the committee? >> you have to. you cannot fully investigate benghazi without talking to ben rhodes who is the author of that

memo and susan rice, who of course went on five sunday morning talk shows. i would be committing malpractice without talking to them. we're going to have to talk to them. >> good. good to talk to you. happy new year. >> happy new year. >> i take on a top democratic strategist over the hillary e-mails that i think is the smoking gun in a huge clinton coverup. that's next. but then this. why not? >> hey, hey, i'm doing the interview. hold on. it's my show! >> and i found some politically savvy construction workers who were eager to have a gun control debate. street justice is coming up.

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includes 66 personal messages deemed classified at some level. yep, you heard me, 66. one e-mail even seems to coach an adviser on how to send secure information outside of secure channels. really? hillary? joining me former adviser to hillary clinton's 2008 campaign. a hillary e-mail released at 1:30 in the morning from her old state department directing a top clinton aide to remove a heading of a classified document and send nonsecure. for hillary clinton to direct someone to send information with no identified heading tells me she knows the classified information is being sent by e-mail and it's a smoking gun, richard. >> jeanine, this reminds me of the joke of the economist on the desert island with canned food

who says let's first assume we ve a can opener. her opponents are saying let's assume she did something wrong. there are several things that indicate why it's not a problem. first the statute, 18 usc 798 regarding the disclosure of classified information says that the information has to be designated classifies for there to be a problem. two as regards of this one in particular the header with u.s. memo to secretary clinton. >> how do you know what it said? if it said memo to secretary clinton she wouldn't have had them take it off. what she has in this e-mail is she is telling them to take it off of their heading, to take the heading off and send it nonsecure. >> well, in fact the state department according to the associated press said today that in fact it ultimately was sent on the secure system.

so i think this is a fair bit to do about nothing. but you are so all in on this e-mail story part of me really wants you to find something that is a smoking gun to really sink your teeth in. this isn't it. i'm sorry to break it to you this is simply not it. >> 33 years in law enforcement and quite a record in trying cases, all you know, what we've done is we prosecuted people for leaving a single piece of classified information on a table. >> yes. >> if this woman was doing any business at all as secretary of state on a nonsecure server and that was the only thing she used with her top aides that tells me she had a plan that no one would see it but them and then she deleted it. this is a negligent carrying of classified information unless she was ordering sheet for six years. >> it is commonly mischaracterized. she used a secure system and

indeed -- >> which secure system? her server was secure? the won that was outside the kitchen rhode island? >> right. and the good news about that is, i read you from the statute there is nothing that has been designated classified that turned up as a result of this disclosure of tens of thousands of e-mails. maybe you'll find something. this is not it, jeanine, it's just not. >> you're wrong. how's that? >> we'll find out. >> let's talk about the president. were you underwhelmed? >> you wouldn't know it to listen to his opponents who are saying the president is coming to take your guns. this is a first step. it's modest. it's something -- >> i signed pistol permits 20 years ago. they had to go through a background check. this is nothing new. >> it is tightening up something

where people who were kind of in commerce with guns but who weren't at gun shows and so forth they were slipping through the cracks and they could have filled a trunk load of guns in indiana and ship them into chicago and sell them to a bunch of 13-years-old. that's what the president is trying to stem. who disagrees that that is a good outcome? >> nobody disagrees about background checks. that's not the issue. i mean that is something. for a guy who talks the talk you got to walk the walk. what that means is don't come out and recommend as executive action something that most states are already doing. if you want to have an impact, have an impact. what do you say, you know, this shooting yesterday in philadelphia, what do you say to people who say, you know, that this disrespect for law enforcement emanates from the white house? >> you know, i think the fact is crime rates have come down,

murder rates are down. as the wife of the american sniper who was on that fox news discussion with the president and anderson cooper she said mr. president crime rates are down and murder rates are down, can't we celebrate that? i would say to the president i don't know what you are doing that accounts for that but if it is part of your policy good, thank you. that is an accomplishment we should celebrate. >> but you know, gun sales are up because people don't think that they're safe. but that's just me. richard goodstein good to talk to you. i asked people what they think about president obama's executive action on gun control. i visited a local construction site and found i didn't need to go anywhere else.

>> i am taller on television. i wore my sneakers. have you heard about the president's executive action as it relates to guns? >> yes. >> yes. >> i think it was a good move. >> why? >> people should shouldn't be getting guns who shouldn't have guns. they shouldn't. >> why not? >> why not? >> i'm doing the interview. hold on, it's my show! >> mentally ill people shouldn't be getting guns. >> how do you know if someone is mentally ill. you go like this? no, he's good. >> somebody who look like me. >> someone who looks like you. okay, good. you can't have a gun. >> i don't want no gun. >> if al qaeda comes over here with a knife what are you going the say? don't do it? get a gun! >> that's right, right? >> now he wants to get a gun, right? see, i convinced him. it was a pleasure. where is the other big mouth? what do you think of the

president's executive order on guns? >> i think it's not the right thing for him to do. >>nk everybody should get a gun? >> not everybody. >> how do you decide who gets one and who doesn't? >> a background check and see where they come from make sure they're not a terrorist. >> how do you know someone is a terrorist. if my name is mohamed that doesn't mean i'm a terrorist. >> that's mohamed right here. >> you have a gun? >> a shotgun. >> what kind? >> a 12 gauge. >> i have a 10 gauge pump action. >> nice. for home protection. >> he looks crazy, okay? >> guns are a problem in this country but it's up to the people, you know, to maintain the peace. i mean, sometimes it's necessary. you have to protect yourself and your family. >> and what about the fact that the president is saying that mentally ill people shouldn't get a gun? >> i agree. >> how do you decide? >> they have to go to the doctor

and be tested. if you are going to buy a gun you have to show that you are not crazy and of full mental health. >> do i take your temperature and decide if your nuts. >> doctors know how to do these things. >> there is a doctor/patient privilege. >> the world is a crazy world we live in. >> so get a gun. >> i got a hammer right here. you want to mess with me? meet my hammer. >> i'm going to call you the hammer from now on. and next inside the capture of el chapo. a top dea agent is here live. don't go away. hey pal? you ready? test tt

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we caught el chapo today. did you know? that's good. that's good. i don't think he liked me too much. the rumor was he didn't like me. when they caught him, i said that's good news. >> donald trump, one of many happy people tonight that the notorious mexican drug lord joaquin "el chapo" guzman is back in custody after six months on the run. he was captured yesterday during an operation led by mexican police and military in the town of los mochis. joining me now is mike braun. mexican president pena nieto can't afford to lose him again and in the last hour or so we just heard that they are now going to allow him to be extradited to the united states even though mexico has criminal

charges as well. why do you think mexico is willing to do that? >> well, good morning, judge, you know, the bottom line is, is president pena nieto has no other choice. when he escaped last july the president's popularity absolutely plummeted across the country. >> in mexico. >> in mexico. very embarrassing situation for him. as well as the entire country of mexico. and really, he's left with one option, the only way he can prevent it from happening again is to extradite him to the united states as quickly as he can so that we can try him in one or more of nine federal judicial districts, convict him up and lock him up where he belongs for the rest of his life. >> you know, obviously, mexico had a problem. every time they had this guy he escaped. but you know, we've had a few

problems in clinton county last summer, maximum security prison we had a couple of murderers escape. but i imagine it's different in some of these facilities. >> i mean, listen, every penal institution is different. and what i can tell you and what i do know is that fci florence, our supermax prison in the bureau of prisons, no one has escaped from the place and i don't believe anyone will. i can assure you that that's where chapo will be housed. they will have to pump sunlight to him and he will not tunnel out of that place and he won't leave in a laundry cart like in 2001. >> it's 4:30 in the morning in this mexican town. tell the viewers about how did this thing happen? it's right out of a movie, i imagine. >> oh, certainly.

you know, it will make for a great scene in a movie some day. but listen, judge, some very critically important intelligence that was developed by d.e.a. and the u.s. marshals service and i.c.e. was shared with mexican intelligence assets that basically identified a number of locations in los mochis, mexico probably at least two weeks ago. the mexican authorities, both their marine commandos and their intelligence resources, federal police, got eyes on target. they had all of these locations under persistent surveillance and friday morning at about 3:30 a.m., very early in the morning, a suspect vehicle arrived at one of the homes that was under surveillance. they apparently saw chapo in or

around the car and entered the house and less than one hour later the marine commandos raided the location. >> okay. very quickly. reading something about that? >> i read something about that. there's any truth to that or not. >> well, you know, i have a thought, mike. him to isis, how about they keep him for a while? >> i tell you what you don't want, judge, what you don't want is you don't want the likes of chapo guzman sharing his trade craft with isis and making them even more dangerous than they are today. >> mike braun, thank you very much for being with us. >> thanks, judge. thank you for what you do. should we have the death penalty for acts of violence? facebook or tweet me #judge

jeanine. we'll read your growing up, we were german. we danced in a german dance group. i wore lederhosen. when i first got on ancestry i was really surprised that i wasn't finding all of these germans in my tree. i decided to have my dna tested through ancestry dna. the big surprise was we're not german at all. 52% of my dna comes from scotland and ireland. so, i traded in my lederhosen for a kilt. ancestry has many paths to discovering your story. get started for free at ancestry.com. ♪ (cell phone rings) where are you? well the squirrels are back in the attic. mom? your dad won't call an exterminator... can i call you back, mom? he says it's personal this time... if you're a mom, you call at the worst time. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. where are you? it's very loud there.

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tonight's instapoll. we asked, should we have the death penalty for isis inspired acts of violence? josephine said, they're not afraid to kill us, so why should

we be afraid to give him the death penalty? we have guns down in texas, and more than happy to handle it. don't get ahead of yourself, everybody deserves a fair trial. let the courts decide the outcome. hey, kimberly don't get ahead of myself? i drafted legislation all the time to increase sentences and punishment. the courts are the ones that implement the laws that we draft. and al says, a big yes. why waste takes pairs' money holding them in prison. they'd kill us in a heartbeat. al, if we held them in prison, obama would let them out. anyway, make sure you logon and share your thoughts on tonight's show. if you missed my special tonight, tune in tomorrow night at 8:00 p.m. for steven avery, guilty or framed. where i break down the documentary, making a murderer. and talk to key players in the case and steven avery's family. that's 8:00 p.m. tomorrow night. don't miss it. if you're looking for a great

read, pick up my book "he killed them all." it's on sale now everywhere, and on the internet, and if you watch the show, you'll like it. jay knows how to keep his wheels spinning. nice shorts, dad... they don't make 'em in adult sizes? this is what the pros wear. look at the lines... -uhhh... look at the other line... -mm-mhh.. that's why he starts his day with those two scoops in deliciously heart healthy kellogg's raisin bran. ready to eat my dust? too bad i already filled up on raisins. by taking steps towards a healthy heart, jay knows he'll be ready for the turns ahead. hey, don't forget to put up your kickstand. (bike bell) (sighs) kellogg's raisin bran. and try tart and sweet kellogg's raisin bran with cranberries.

that's it for us tonight. remember, friend me on facebook and follow me on triter at judge jeanine. thanks so much for watching. "the greg gutfeld show" is next.

see you next week. i'm greg gutfeld. with 50% less odor, here's what's coming up. in philadelphia, cops say this gunman acted in the name of islam. lone shooter, target, is this terror in 2016? making a murderer. we'll talk to a guy who covered the avery trial as it happened. hillary clinton telling an aide to sell her info. the most honest man in america. >> your numbers are lucky, though, am i right? >> i hope so. >> can i ask you, if you want all the money, what would you do with it? >> bunch of hookers and cocaine.