once, shame on you. fool me twice, shame on me. hello and welcome to "justice." thanks for being with us tonight. it starts with the nsa does not collect any type of data at all on millions of americans. sometimes we do, but don't worry , we don't read e-mails or listen to phone calls of americans.

two, we do, but only if there is a reasonable connection to terrorism. we respect the privacy of all-americans. everything is supervised by the foreign intelligence surveillance court. but if accidentally collected the agency follows, quote, minute gnaw ma swraition procedures by the attorney general designed to protect the privacy of the united states persons. now, the operative word in that statement, there is not that they don't collect it, but that there is minimization is approved by the attorney general. oh, i feel better. the same attorney general who also lied in front of congress about investigating reporters. in over his head, eric holder?a4 75% of all internet traffic

and it does retain written content of e-mails between citizens within the u.s. but any mistakes where your privacy is violated are due to training errors. really? was edward snowden a training error? you know, the guy you call a traitor? you can't convince russian president putin to return to you, who has you over a barrel on the liar thing. not to worry. all is supervised by fiza. not really. we now know tens of thousands of e-mails between americans with no connection to criticism are being collected. but if there is no connection too -- connection to terrorism why isn't the court stoping it? two years ago, mr. president, you said the nsa was working with fiza to enhance protections. really? in no time the fiza court judge writes, quote, for the first time the government is

now advised the court of the volume and nature of the information it has been collecting which is fund mentally different from what the court had been lead to believe. now when i was a judge if someone lied to me on something of such a serious nature, their butts would be personally chaperoned to the local lock up courtesey of yours truly. yet two years later the chief judge now says that the fiza court actually lacks the tools to independently verify when and how often government surveillance breaks the court rules that aim to protect privacy. i guess the beat goes on. ♪ the beat goes on ♪ the beat goes on ♪ drums keep pounding in rhythm to the brain ♪

♪ la, la, da, da, di >> the beat doesn't just go on for the nsa. the red line for chemical weapons has its own beat. a year ago, mr. president, you said the use or mere movement of chemical weapons by syria wod cross your red line. in april it was confirmed that the syrian government used chemical weapons. you in full paper tiger mode said that was a game changer and signaled that the u.s. would supply the syrian rebels with weapons which never arrived. but the muslim brotherhood has their f-16's and armored tanks tanks and 1.3 billion of our dollars. so this week when dozens of corpses including babies bundled in white sheets without visible physical injury are lined up with a gray cloud overhead, all indications of chemical weapon use, you demure, "we're

checking it out." technology exists to easily confirm the use of chemical weapons. mr. president, with all due respect, it seems your red lines are not only not red, they are a faint pink. they are turning into a green light. didn't prime minister netanyahu give you a primer when you tried to change the red line for israel? but to prove the white house is never serious, when asked if you had a red line beyond which you would act against muslim attacks on egyptian christians, your press secretary josh ernest joked -- >> i didn't bring my red pen out with me today. >> now, i hate when the greatest nation on earth works hard to prove its you are relevance on the world's stage. what is with the bluster? no one respects us. no one fears us.

we look weak, and we have lost our credibility. why are you beating your chest when it is full of nothing but hot air? why did you have to say last year and then again in april, that the use of chemical weapons is a red line in the first place? just like you said to iran with its nuclear enrichment, you are not the president of the world. no one, including uh sad now -- asaad now is afraid of you. and i love that your newly confirmed u.s. ambassador to the u.n is on vacation. the woman has been on the job for three weeks. she flies from new york to l.a. to give a speech and then has a hood spot to go on vacation. and i don't want to hear that it was long scheduled. cancel it and do your job. but then again, that's not the obama way. the learned lois lerner has been on vacation all summer after denying and then lying and then pleading the fifth.

>> ♪ i plead the fifth. ♪ ♪ i plead the fifth ♪ five, 1, 2, 3, 4, fifth >> this week the state department clears four employees suspended for the lack security leading up to the terrorist attack a year ago in benghazi. secretary of state john carey staffers looked at the employees and found no breech of duty and no disciplinary action and no firing. how is it these half wits after 29 systemic failures, two bombings and the emergency cables from an ambassador are not held accountable. and when asked why, the state departmentish issued this statement. these are real people with real lives and real careers and real families and we can't take action just to make ourselves feel better.

real people with real lives, are you kidding? you know who are real people who had real lives? ambassador chris stevens, sean smith, ty woods and glen dohrtey. and you, quote, can't take action to make us feel better? how about you make the families of the four masacres who paid the ultimate price feel better? how about you make members of the military who fear being left on the battlefield feel better? but the beat goes on. and this week we find out that muslim cleric an war al uh lock key was released in 2002 despite an active warrant for his arrest by the fbi. you know that crack agency, the one that missed the boston bombers? and thanks to the fbi then that lackey was able to be in contact with major nadal hassan.

you know him, the one with jihad on his work card and committed come place violence who injured and killed while yelling uh caw bar? >> here is the challenge. at the time when higher education has never been more important, at a time when that has never been more important, college has never been more expensive. >> really? you are worried about college? you think college is more important than majors? what is important is americans to be able to put food on their tables. the reason there are so many defaults in student loans, which by the way just adds to the deficit, is because there are no jobs. so when caught in a brch of lies in the nsa and when you are viewed as paper tiger on the world's stage and no one is held accountable in the lack security and death of four americans on your watch, it is time to talk education.

the classic washington two-step. >> ♪ now they see me ♪ now they don't >> and this week bradley manning sentenced to 35 years for leaking classified documents wants to be called chelsea and he wants a sex change to go along with his new name. but the beat goes on around the nation and not just in the nation. san diego mayor filner up to victim number 17. former new york governor elliott spitzer who dances horizontally with his socks on running for office and the wiener man, anthony wiener. you know, the one who texts pictures of himself at full attention? i don't even want to think about what beat is going on with him.

and tonight, the latest on the shocking death for a 22-year-old in oklahoma and world war ii vet in washington. and could you be one of the thousands to lose insurance because of obamacare? and vote in the insta poll. for all of you movie fans out there, do you think ben affleck was a good choice for the next batman actor? facebook or tweet me and let me know what you think. stick around and we will read your answers later in the show.

there's a new way to buy a car. it's called truecar. and truecar users... save time and money. so when you're... ready to buy a car, make sure you... never overpay. visit truecar.com today. outrage in the mainstream media, more attention paid in the mainstream media to that stupid clown story at the missouri state fair than there has been to this wanton murder in oklahoma. >> the nation was stunned by

two murders raising questions of how the media covers black on white crime. first a 22-year-old australian college student gunned down in oklahoma by three teens, two of them black in what could be called a thrill killing. and then 88-year-old world war ii veteran delbert "shorty" delton was beaten to death, reportedly by two teens. in the latest trayvon martin verdict, race seems to be taking center stage. but are all crimes covered equally? with us, richard fowler and ann coulter. i will start with you, anne. is there a difference between how the media covered trait vaughn martin story and these two murders that occurred just this week? >> yes, absolutely. this is what we last spoked about, racial -- it was much

worse in the 70s and 80s. >> what was worse in the 70s and 80s ? >> well, obama brought it back and it is this racialett -- sh n -- etiquette in the media. it is the rare man bites dog story and a white on black crime. that is covered hysterically not because it is a man bite dog story, but they act like, no, this is too common, the racism in america. no, it is very rare. in one example of my book interracial rape cases, the number of black on white rapes going back for 15 years and there are 1,000 to 2,000 a year black on white rapes. for 15 years according to the department of justice victimization survey, the number of white on black rapes are either 0.0 or sample too small. >> so black on black crime, isn't that the biggest

category? black on black? >> yes. >> we are in an interracial war. the blacks are winning and they are fighting other blacks. >> let's hear what you have to say about this, richard? >> thanks for having me, judge. i have to tell you, i have seen the media cover this oklahoma shooting the whole entire week. i am not sure where anne is getting her information, but swree seen this covered almost every day of the week since this happened. >> i think you have been watching a lot of fox news which i -- >> that's not true. it is on cnn and nbc and all of the local networks in washington, d.c. maybe you are not watching -- maybe you are watching the right channel. >> anne makes an interesting point. do you remember when the president weighed in saying he could have been trayvon martin? he didn't weigh in and saying he could have been -- you know -- this could have happened to his son or anybody. why that case? coming from the top, richard, isn't it? >> but, judge, i think there is a big distinction between the trayvon martin case and

this individual in oklahoma. first, let's be honest. anytime somebody is killed it is a heinous and horrible thing. the one thing that connects trayvon and the guy who died in oklahoma was they were both young individuals who had their lives ahead of them. the distinct -- the distinct is there is a possibility of racial profiling in the martin case which made it reason for the president to comment. being an african-american man, people profile. >> even the prosecutor who brought this charges without going to the grand jury said race had nothing to do with it. it was in response to inquiry about who that person was that looked suspicious. let's get back to this. you say there is enough coverage of this black on white crime and you say that there isn't? >> you technically introduced the subject. i think it has been covered a lot more on fox news than it has been other places. part of the reason this and the "shorty" case, i don't think the" shorty" case has

shown up on msnbc. yes, it was the cover of drugs and we have our own media now, but the only reason it is being covered by fox news and drudge is because it is in the wake of trayvon martin when we were told that black people in america have to be afraid of white people murdering them. >> what about the tweets of 16-year-old, i believe, james edwards? 90% of white people are nasty, hash mark, hate them. it is time to start taking lives. i have never been this made, meaning mad, in my life. this guy is on social media talking about how much he hates white people, and then what you have got are the two of them in the backseat and they are killing a white person. >> well, i hear that. don't get me wrong. i mean that tweet is inappropriate and we should all work on getting along. at the end of the day -- >> no, this isn't is not about getting along. richard, with all due respect this is about hoodlums running around and killing other people. >> i agree with you, judge.

>> this is about an 88-year-old man who was beaten to death, somebody who put his life on the line for us, why? why is there so much anger? >> i agree with all of those points. i am not justifying the crime. in both situations, all of those thugs should go behind bars. >> i can answer. >> richard, last question, who do young black people in america look up to today? >> i think there is a lot of good role models. a lot of folks look up to the president of the united states. you can look up to your family. that's a hard question to answer. >> is it, anne? >> i just want to answer why quickly because that goes two books to "guilty" it is associated with single motherhood and the tee instruction of mostly the black family, but the white families are catching up. >> all right, richard and anne, thanks. coming up, why your company may dump your spouse's health care coverage. can the president have something to do with it? and later, no english? no problem. the supreme court in one state is giving a thumbs up to jurors who don't speak the

english language. a controversial ruling you will not believe.

>> i propose a bill on the crisis where most americans get their health insurance from their employer. so if you like your plan, you can keep your plan. if you like your doctor, you can keep your doctor. i don't want to interfere with people's relationships between them and their doctors. >> but every week we find out there is another delay, another problem and another obamacare lie. now major u.s. employer ups says it will no longer offer health insurance to spouses of

non-union employees who might be able to get it elsewhere. and the shipping giant is not alone. the university of virginia made a similar announcement this week . back with me, ann coulter along with democratic strategist richard benjamin. anne, let me start with you. what happened to the president's promise that we were not going to lose our doctors or our health care cufnlg, that we could -- coverage, that we could keep our plan. is that turning out to be true? >> that is turning out to be inoperative. i don't really care about the ups employees because it was the teamsters who supported this plan. obama loved them and it was so great and democrats immediately gave waivers -- >> yeah, they got out immediately. >> most outrageously, even though there was a specific amendment saying congress would have to live under obamacare, they just got their waiver. >> richard, what say you about this one? >> 96% of businesses that

employ 50 people or more are providing their people insurance anyways. it is only the slim exceptions that you are pointing out that you are worried about. >> that's a big exception. >> you know what, delta airlines said this week that because of obamacare, they are going to have to spend an extra $100 million in 2014. who do you think is paying for that? >> obama has to look out for people and not just delta. delta cannot use obamacare -- >> well, you assume that people who fly do it for vacations? people who fly do it for business and they do it for work. >> they do, they do, they do. these corporations who had seen profits could not use obamacare as a scapegoat to make changes they were going to do anyways. laying off workers and cutting hours. they wanted to do this anyway, and now obamacare is providing a nice escape. >> there is a point of congress and congressional

staff getting a waiver from living under obamacare. >> i would never come to this show and defend congress. congress, come on. >> obama gave them a waiver. we were promised -- >> richard, how can you support this? >> the people who passed it don't understand it. >> but they don't live under it. >> there are hipocritical things that it does. i am not here to support congress. i am here to support obamacare. there is one set of rules for them and one 70 rules for us. >> that is what they want the waiver from. they are not saying please help us and let us join obamacare. >> those are preexisting conditions and those who lack coverage, young people, what about them? >> it is so bad, congress will not apply it to itself. >> here is the problem -- >> it is so bad congress will not live under it itself.

if it was as good -- >> anne, there is no question. nobody trusts congress and they don't care. they don't want to be covered by what the rest are covered by. >> let me ask you this, if obamacare is not that much of a burden, why is it that apparently 10 million more people are not going to be covered? okay, they are going to be covered without adding a single doctor with 16,000 irs agents to monitor and find people creating new beurocracies and people are not getting health care. the spouses are losing their health care. nobody understands it. the unions are exempt and the rest are paying for it. >> judge, the long-term goal is to inform a burdensome system as they did with romney care in massachusetts. people have coverage and they are not screwed over by the insurance companies. young people can have coverage. when we get this up and running sure there will be glitches and there will be problems at the outset. >> what do you mean people won't won't -- have coverage?

>> there is beautiful success in massachusetts and we will do this nationally. >> i don't live in massachusetts. >> i don't care. what i care about is what affects all-americans. >> the great thing about america that sets it apart from every other country in the world is our enormous, prosperous middle class. obamacare is one more step to the liberal ideal of being some south american dictatorship with a very, very thin 1% at the top and the rest of us living in poverty and horror. if obamacare was a good system congress would not be escaping it for themselves. >> if you want to put obamacare with clean air and child labor laws then i am all for it. >> they want their own cadillac insurance.

>> it is over. the segment is over. >> thanks for having us. >> shouldn't the ability to speak and understand english be the number one requirement for sitting on a jury? new mexico says no. could your state be next? and later, have a-rod and ryan braun ruined the game of baseball forever?÷ "justice" wh

judge jenine. >> ♪ talking baseball ♪ talking baseball ♪ the scooter the. ♪ the barber ♪ they knew them all >> for years we heard people say something was as american as baseball, hot dogs and apple pie. but today it may be more like baseball, performance-enhancing drugs and suspensions. former mvp, ryan braun, first

declared his innocence when first accused of using drugs. >> if i have done this intentionally or unintentionally i would be the first one to step up and say i did it. by no means am i perfect, but if i have ever made any mistakes in my life i have taken responsibility for my actions. i truly believe in my heart and i would bet my life this substance never entered my body at in point. >> and this week the disgraced slugger finally owned up to his miss deeds, but this time didn't want to get in front of a camera, but instead released a statement. and the a-rod soap opera keeps going with lawyers accusing the yankees of conspiring to sabotage his career. here is jeff foster and former counsel to the organization david stone. all right, guys, what has this done to the game? i will start with you, jeff. all of this stuff about the p.e.d.'s and the suspensions, what has it done to the game?

>> it is not helping. the game is losing to the nfl right now anyways. that has become america's pastime. >> so football. >> yes, the pre-season in football gets better than prime time pennants. >> why is that. >> it is more popular and once a week and faster and more action. there is fantasy sports and it is more popular right now. it is probably the speed of baseball more than the drugses in baseball or anything like that. the game takes forever. that's a big problem. >> but the whole idea of things being as american as apple pie and baseball, as the p.e.d. and all of the scandals damaged baseball as well? >> i think the p.e.d.'s have damaged baseball, but i do not think that's the reason for the viewer ship of baseball going down. i don't think the fans care much about the p.e.d.'s as major league baseball does and the players do and the players association does. they just want to see a good baseball game. >> this week we saw that major

league baseball is willing to waive the confidentially and they are willing to tell a-rod, you know what, we will open up your records. what is going with this war between a-rod and the yankees? i will start with you. >> we have the p.e.d. issue and that will go to arbitration. that is a separate issue. but this week he started a new front against the yankees and they said they were withholding information and last year and the post season he was hurt and they saw something, an mib and they didn't tell him. and it doesn't quite make sense. >> do you think it makes sense, david? what is going on with them? >> i don't think it makes sense. i think his new lawyer who has been on every talk show that he could find until he was told to shut up by a-rod apparently has been hurting a-rod's case and not helping it. the only person that really matters is the arbitrator here. it doesn't matter what common opinion is right now. >> right. it is not like a jury of his

peers is going to be deciding this. chris davis on the baltimore oriels is having a fantastic season and never failed a drug test. because of a-rod, braun and others many accuse him of using p.e.d.'s. has the game of baseball been tarnished yet again? >> fans have gotten very cynical and for good reason. there were qleers, decades, >> there were years, decades where they were using them. they pr probably on steroids. >> didn't chris go from 50 home runs to 40 home runs a year? >> and he is huge and looks like a beefed up guy. he has always had power. he struck out a lot. i don't know if steroids are helping him see the ball. >> maybe under obamacare he got his eyes done and found a doctor. anyway, does testing even uncover this stuff?

>> there is a big problem. i think what has really come out of this rodriguez situation is the drug testing program the mlb has right now is not working. it is not for the whistle-blowers coming forward in the situation and bringing the evidence to major league baseball. rodriguez had never tested positive to our knowledge for drugs so the drug testing program was not working. in phak, there are 12 other people -- in fact. there were 12 other people suspended and they had not tested positive either. obviously there are people using -- there are players using these drugs. >> in ways not being identified. and does a-rod have a chance with these suspensions and in front of the media arbitrator? >> i think he does. but i think it is more on the number of games than on the suspension itself. i think there is -- >> but given this contest with the yankees they will be more

heavy handed with him? >> he will have the union supporting him. he never failed the test and major league baseball will have to prove 211 times. >> what do you tell your 10-year-old son about baseball in light of the dirt coming out? >> it is a great game and it is fun to go to on a sunday afternoon and don't pay any attention to -- >> i was going say there is a bunch of guys who cheat. >> going to football is a good game too. >> and coming up, ben affleck is the new batman. you still have time to vote in the insta poll. do you think he was a good choice 1234* facebook or tweet me at "judge jeanine."

in a shocking ruling that could have nationwide implication, the new mexico supreme court rule that citizens who don't speak english have the right to serve on juries. just to be clear, people who cannot understand evening lish, the language spoken in the courtroom can be part of a jury that decides the outcome of legal proceedings. i'm sure that is going to end well. here with me is john katz from washington, d.c.

gentlemen, thank you. why should not english -- nonenglish speaking jurors be allowed to hear and serve on english speaking cases. i will start with you, ryan. >> the new mexico court had it right. they did not have another choice. this was part of the constitution that you cannot really discriminate or prevent somebody not to participate in a jury if they don't speak english or spanish for that matter, or even if they don't know how to read or write it. but we have to be inclusive. we are a nation of inclusion. it is one of the rights. i believe the 6 amendments -- >> john i go to you. do you agree with that? itit is a right, but is it something that makes sense to you? >> it only makes sense if it is the choice of the criminal defendant. if the criminal defendant cannot ask for nonenglish

speaking jurors who qualify, a nonwhite defendant may have a lily white jury. the u.s. supreme court has said you can't have lily white jurors against nonwhite people. but this has to be a choice generally of the defendant. where it might be a problem of the defendant's choice if you have someone -- >> yes, john, i hear what you are saying, but let's talk reality right now. some 44 states allow for disqualification. when i was on the bench if you couldn't understand english, i was allowed to throw you off, and i did. and 44 states allow for disqualification if not proficient in english. even the federal jury system says if you are not proficient in english, you're off. now, ryan, i will go to you. why should we pay for a translator for a juror? i get it if you are a defendant or a witness, but aren't we burdened enough? >> i don't think so. i don't think so. if we will be inclusive, we have to.

if it will cost something, so be it. the supreme court has said that once again the jury of your peers is a jury composed to people or individuals equal to the defendant. that means that their fellow neighbors and their peers. the neighbor and the employer -- >> that's hog wash. you know what the law is? it is about who is in the area and who is in the vicinity. that way george zimmerman would have had six hispanics on hispanics on the jury and he didn't. >> but some hispanics are part of the group. we have to include them. >> ryan, let's be clear where this came from. when new mexico became a state 150 years ago or something like that, it was made up of primarily -- >> from mexico. >> from mexico, all right. most people did not speak english. so in 150 years they can't learn how to speak english? we still have to bring in translators? >> hold on just a minute. >> we cutoff firefighter

services and now we have to pay for translators? go ahead. >> there is no requirement in the constitution that to be a citizen you have to speak english. what about the puerto ricans who don't speak evening lish and are citizens of the united states? what about the derived citizenship and they are in other countries? they derive their citizenship because their parents were u.s. citizens. >> there is 147 language in new york city. am i supposed to have translators in every corner in my courtroom to make sure they can sit on a jury? you know what, speak english if you want to sit on a jury. >> i understand there is a problem. >> you do, thank you. >> my concern is something can always get lost in the translation. that's why it has to be the defendant's choice. sometimes the witnesses in the case will speak spanish and we might want spanish jurors, but it has to be the choice of the defendant where he is -- the man in the new mexico case was facing a murder charge and therefore it has to be the defendant's choice over the

jurors. >> go ahead, ryan. >> what happens when the defendant wants an all black jury or no blacks in their jury? where does it end, john? where does it end? >> go ahead, john. >> it ends with the defendant's choice. the defendant has a choice to challenge whether the prosecutor has stricken people -- >> they have made it clear that if a jury of your peers -- >> let me say this. >> you know what, they should learn english. when i was in my courtroom there were different dialects and nuances and different caw lobing we y'allisms and why should they suffer the possibility that this tradges later is not up -- this translator is not up to par and i should have to pay for it? >> if the defendant doesn't speak english -- >> he gets a translator if he doesn't speak english. he gets a translator. >> exactly. what is the difference there.

>> and this is your last chance to vote in tonight's insta poll. do you think ben affleck was the right choice to play batman? tell me what you think on facebook or tweet me. i will reveal who i think should play batman in the new movie. coulbe simple? well, now it is with truecar. just go to truecar.com, configure your car, and get connected... to a truecar certified dealer... for guaranteed savings. save time, save money, and never overpay. visit truecar.com

♪ batman >> september is almost here and tonight we thought we would have some summer fun with our insta poll question. it was just announced that ben affleck would be the caped crusader in the super movie hitting the screens in 2015. and the casting choice has set off a firestorm of geek

outrage. an on-line petition has exploded on change.com with tens of thousands of people demanding that affleck be stripped of the cape. but he has bt -- he hasn't even put it on yet. he was great in "phantoms" but i am not sure he is the right pick for what the studio is calling an older, grizz -- grizzled version of the iconic hero. i will tell you my pick in a minute. first here is what you had to say. 60% say affleck is a bomb. anderson says one word, jeely. that's the movie affleck was in and nobody could pronounce the title. another, no, aqua man just drowned in the tub. the only bat he needs to portray is the ding bat he is. tom says -- people feel strongly about this -- ben

affleck is the worst choice than george clooney who killed the preif jus movie series. previous movie series. ashley says there are actresses who could do a better job with that role. vincent says adam west is the real batman. none of the areas could carry his utility belt. jarod, i guess it makes matt damon robin by default. richard says, does it really matter who plays batman? it is like nicholson told keaton, just let the costumes do the job. sheila says, no, he is a hollywood liberal and i won't go watch it. daniel, i would rather get rid of the joker in the white house. and then there was marge who -- who care what's his politics are? it is a movie. jeez, we have turned into a bunch of meanies. and 20% say they don't care. and then there was fred, i thought this was a good topic getting people's minds off negative esh yous like the economy. a few, and i do mean a few

people thought affleck was a good choice. greg says, affleck made a pretty effective daredevil. he should do fine as batman. and then there was jose. how about a woman who is a respected judge during the afternoon and becomes a crime-fighting super hero by night? i have the right person in mind. jose, you have quite an imagination. and now it is time for my vote. yes, i do have an opinion. christian bale should be the next batman. i don't care if he says he is done with the role. gothem needs you, christian, and so do i. that's it for us. thanks for joining us. don't forget to pick up my new book. it will be at amazon or barnes and nobel. we won't be here next weekend. we are taking labor day weekend off. i will be back on september 2nd with a big surprise. see you then. same time, same place and different me. come back and see on september 7th.