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david petraeus classified information and testimony on benghazi is and the 2016 gop presidential candidate marco rubio. take a look. congressman, thanks for being with me, listen, 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 completely underwhelmed, we already have back ground checks, out of 80,000 back ground check denials in 2012, there were less than 500 prosecutions, for you to say you need another category of background checks in order for you not to prosecute, i was completely under whole md. when i was a judge, i would sign background checks, but the problem is there's no way

through these background checks to identify if someone has a mental problem, which we with continual ly see in some of these mass shootings. >> federal law already makeses it against the law to possess or sale or purchase a firearm if you have been adjudicated mentally defish yenlt. so for him to say we need to take guns out of the hands of those who are criminally irresponsible, i agree with that, judge. you may recall, i actually had a gun pulled on me by shall be who was found not guilty by reason of insanity. but put your money where your mouth is, you already have a law, you're not prosecuting anybody under it. what what is stunning to me is that chicago, which has these

incredibly high murder rates, and the only people who have guns are the criminals, they have some of the lowest prosecution rates by feds across the country. >> in the last ten years--for about six years i did gun cases, and i get that they don't have jury appeal. murder cases have a lot of jury appeal. but the objective is to prevent the murder, the objective is to put the guy behind bars before to the murder takes place. >> so you've been criticized as it relates to benghazi. this week you hear from general petraeus, the democrats are saying, there's nothing new that we heard. have you heard something new from general petraeus? >> to the same democrats that are complaining that they heard nothing new from general petraeus had an asked and answered website up before we ever had our first hearing a

year and a half ago. even if we heard something new, just stop and think for a minute, judge, when we first started. >> ambassador stevens e-mails, no other member of congress looked at. patrick kennedy's e-mails, so we have 100,000 documents, if my colleagues are not smart enough to find something new in all these documents, they either need another line of work or they need to read them a little bit more care efully. >> you're fo ethe former distri of new york, he's got this case, do you think it's going to have anything to do with the e-mails, there's admittedly top secret information, admittedly top secret information in some of these e-mails.

>> i trust director comey, i think he's a straight shooter. 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 potentially -- we're just going to have to wait until the investigation is over. >> you and i are on the same page, i know him, i trust him completely. marco rubio, why did he have to jump out so soon? i mean the guy has a terrible record, he's a smart eguy, but a terrible record when it comes to being at work and actually voting on laws that matter to the american people. >> i think senator rubio would tell you that he's running to make those votes consequential. we need a president who sets the agenda. the congress, house and senate, may impact the margins, but the president is the most powerful person in our political structure, and if you really want to change the direction of

the country, what we have seen over to the last seven years is that you need the white house. it may seem earlier, our primary in south carolina is in february. i typically don't endorse him. you have an obligation to investigate the candidates for yourself, i don't know what's important to you, and i would never tell you what to vote for. the issues that are important to me, marco is really good on them and he really communicates in an aspirational way that there's a desire for many our country. >> i won't debate that he's articulate and bright, but i would at least expect that people show up to their jobs and to what they're supposed to. but we have not heard from susan rice, the woman who was in sla video. will you be bringing her before the committee? >> you have to. you can not fully investigate benghazi without talking to ben rhodes who was the author of that infamous memo, which speaker boehner will tell you is

the reason our committee exists because they didn't turn that memo over to us, and susan rice went on the sunday morning talk shows. i would be committing malpractice if i concluded this investigation without talking to them so i'm going to have to talk to them. >> good talking to you congressman gowdy, happy new year. i take on -- that i think is a smoking gun in a huge clinton cover-up. that's next, but then this. >> why not? >> hey, hey. i'll do the interview. hold on, it's my show. and i found some politically savvy construction workers who were eeg toreibanes, now back t

justice judge jeanine. hillary clinton's latest e-mail released from her tenure as secretary of state includes

56 personal messages deemed classified at some level. yep, you heard me, 66. one e-mail even seems to coach anned a a visor on how to send secure information outside of secure channels. really, hillary? joining me now, former advisor to hillary clinton's 2008 campaign, democratic strategy richard goodstein, hillary e-mail, released at 3:30 in the morning from her old state department, in it an e-mail telling how to send a classified document, for hillary clinton to direct someone to send an e-mail with no identifying information, suggests she knows that classified information is being sent by e-mail. and it's a smoking gun, richard. >> this reminds me about the joke of the economist on the desert island with a bunch of

canned food who says let's first assume we have a can opener. hillary's opponents are on a desert island saying let's assume she did something wrong. there are several things about this that indicate why it's not a problem. first, as you know, the statute, hsc 578 says that the information has to be designateded classified for there to be any problem. that's one. two, as regards to this one in particular, all that she was saying about the header, the header was memo to secretary clinton. there's no indication whatsoever -- >> if it always said memo to secretary clinton, she would have had them take it off. what she's got in this e-mail, is she is telling them to take it off of that 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 a secure system.

so i think it is a fair bit to do about nothing, but i will say this, jeanine, you were so all in about this e-mail story, part of me really wants you to find something that is a smoking gun so you can really sink your teeth in, this isn't it. i'm sorry to break it to you, this is simply not it. >> and i'm sorry to break it to you, but 33 years in law enforcement and quite a reporco in trying cases, what we have done is we have prosecuted people for leaving a single piece of classified information on a table. this woman if she was doing any business at all as secretary of state on a nonsecure server and that's the only thing she used with her top aides, is she had a plan so no one would see them and then the she deletes it. unless you tell me she was ordering sheets for six years or however many years she was secretarier of state. >> she absolutely used a secure

system and indeed did -- >> which secure system? the one that was outside the kitchen in rhode island? >> right, and the good news about that is, again, i'm just reading from the statute, there's nothing that's been these dated classified that's turned up after the disclosure of tens of thousands of e-mails. maybe you'll find something, this is not it to me, it's just not. >> you're wrong, how's that? let's talk about the president, were you underwhelmed by his recommendation of background checks? >> you wouldn't know it to listen to his opponents, some of whom are saying the president's coming to take your guns, i think your question suggests what i actually would subscribe to, which is this is a first step, it's modest -- >> they're background checks, i signed these 20 years ago, they had to go through a background check, this is nothi

>> this ties up people that were kind of in commerce with guns but who weren't at gun shows and so forth. those people were kind of slipping through the cracks and yet those people could have filled a truckload of guns in indiana where the gun laws are lax and ship them into chicago where they're a bit tighter and sell them to a bunch of 15-year-olds. that's exactly what the president was trying stem. who disagrees that that's a good outcome? >> nobody disagrees about back ground checks, that's not the issue, for a guy who talks the talk you got to walk the walk, that means don't come out and recommend executive action something that most states are already doing. if you want to have an imagine, have an impact. what about this shooting that happened yesterday in effectively. what do you say to people that say this disrespect from law enforcement emanates from the white house? >> you know, i think the fact is crime rates have come down,

murder rates are down, as is wife of the american sniper who was on that cnn discussion with the president and anderson cooper the other night, she herself predicated her question which said murder rates are down. so i would say to the president, i don't know whatever it is you're doing that accounts for that. but if there's anything that says what your policy is, good, thank you, that's an accomplishment that we should celebrate, i agree with that. >> but you know what? gun sales are up up. and i think that gun sales are up because people don't think they're safe. that's what i think. now it's time for some street justice, i asked people what they thought 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.

>> you're taller on television. >> i am taller on television. i wore my sneakers. have you heard about the president's executive action as it relates to begin? >> yes, i think it was a good month? >> why? >> people shouldn't be getting guns into their hands that shouldn't have guns. >> all right and -- >> yhold on, it's my show. how do you know if someone's mentally ill, do you go like this and say oh, no, he's good? >> no, it's someone who lookslike me? >> 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 to 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. all right, where's the other victim? what do you ethink of the

president's executive order on guns? >> think that's not the right thing for him to do. >> do you think everybody should get a gun if they want one? >> no, not everybody. >> how do you decide who gets one and who doesn't? >> i don't know, i guess they're going to check background checks and see where they come from, make sure they're not terrorists. >> how do you know if someone is a terrorist? >> that's right. >> do you have a gun? >> i have a shotgun. >> what kind of a shotgun. >> i got a 12 gauge shotgun. >> i he looks crazy. >> guns are a problem in this country, but it's up to the people to maintain the peace. sometimes it's necessary. i mean you got to protect yourself, got to protect your female. >> and what about the fact that the president's saying that mentally ill people shouldn't get a gun. >> i have to agree. >> how do you decide if

someone's mentally ill? >> they got to go to the doctor, they got to be tested. there's got to be some kind of regulation, there's got to be something you can show to show that you're not mentally ill. >> do you think i can take your temperature and decide if you're nuts? >> there's doctors that do that sort of thing. >> so get a gun. >> i don't have to get a gun, i have a hammer. they're not going to mess with me. >> i'm going 20 call you the hammer. next, inside the capture of el chapo. a dea agent is here live. don't go away.

report el chapo. you know? i don't think he likes 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. he was captured yesterday by mexican police and military in the northwestern mexican town. joining me now, retired drug enforcement administration's chief of operations mike brosnan. this guy escaped in 2001, then he escaped again in 2013. the mexican president certainly can't afford to lose him again, and interestingly, in the last hour or so, we just heard that they are now goings 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? >> the answer is president pena has no choice. when he escaped last july, his popularity plummeted in mexico. a very embarrassing swaegs for him, as well as the entire country of mexico, really he's left with unoption. the only way to convict ehim is to extradite him in one or more of nine federal journal districts, convict him and lock him up in fci florence where he belongs for the rest of his life. >> you will, obviously, mexico had a problem every time they had this guy, he escaped. we have had a few problems here in clinton county, last summer,

maximum security prison, we had a couple of murderers in fact escape, but i imagine it's different in some of these facilities? >> i mean, every penal institution is different. and what i can can tell you, what i do know is that fci, the bureau of prisons, no one has escaped from the place and i don't believe anyone will. i can assure that that's where el chapo, if he e's housed in the united states, he will have to the stay in that place, and he certainly won't leave in a laundry cart like he did in 2001. >> 4:30 in the morning in this little mexican town. tell to 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 the movie someday. but listen, judge, some very critically important intelligence that was developed by dea and the u.s. marshall service and i.c.e. was infused with, shared with mexican intelligence assets that basically identify a number of locations in mexico, are probably at least two weeks ago, the mexican authorities, both their marine commandos and their police resources, federal police, got eyes on target, they had all of these locations under persistent surveillance. and this past friday morning at about 3:30 a.m., very early in the morning, the suspect vehicle arrived at one of the homes that was under surveillance. they apparently saw chapo in or

around the car and then enter the house and less than one hour later, the marine commandos raided the location. >> very remember reading that el chapo was very angry that isis was confiscating or destroying his shipments. do you remember that? do you remember reading something about that? >> you know, i read something about that. you know, i don't know if there's any truth to that or not. >> well, you know, i have a thought, mike. my thought is, we should send 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 now for the

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 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 on the internet, and if you watch the show, you'll like it.

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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.

jowly band band is up next with the fox report. >> a possible terror investigation underway as the alleged attacker makes the first trip to court. i am julie banderas, good evening. edward archer arraigned on charges of attempted murder and assault. he claims to have is pledged allegeance to isis and the fbi said he made two trips to saudi arabia and egypt. but officials are not yet calling it a terror attack. the suspect's mother said he was hearing voices receiptly and it started lated this and surv