awaited torture report was finally released. the controversial and damming report of the brutal techniques employed under the administration of george w. bush. >> our review was a meticulous and detailed examination of records, it finds that coercive interrogation techniques did not produce the vital, otherwise unavailable intelligence the cia has claimed. the cia provided extensive amounts of inoperatable information to white house, congress, cia inspector general, the media and the american public. the cia's management of the program was inadequate and

deeply flawed. and fourth the cia program was far more brutal than people were led to believe. >> following fienstein, senator john mccain, former prisoner of war himself was tortured offered strong support for the report's release. >> i believe the american people have a right, indeed responsibility, to know what was done in their name. they must be able to make informed judgments about whether those policies and the personnel who supported them were justified in compromising our values, whether they served a greater good, or whether as i believe they stained our national honor. >> the report provides grew some details about what was done, including waterboarding and sleep deprivation.

and rectal rehydration on at least five detainees. one was intergated for weeks on end, slammed against walls and stuffed into boxes 300 hours, and waterboarded 180 times. during interrogation some broke down in tears and choking up. in the cia said this today. saying it has too many flaws and justice department says they will bring no new charges in response to the report. joining me now, gentleman, thanks for being here. anthony, let me start with you. >> sure. >> you know, to listen, to read

these reports -- >> yeah. >> -- to hear what was done in the name of american democracy is so profoundly distressing today. >> it's one of the saddest moments in american history. >> and the idea that the only cia official to be jailed over waterboarding was the man who bl blew the whistle on these torture practice is to many of us unconionable where do we go from here? >> what do we next. we have to use this as an opportunity say what do we do now? how do we make sure we never go back there again? that no future president and no future vice president and no future members of the office of legal counsel ever dare break our laws, ever dare to interpret the laws in such a convoluted

per verse way that they go against the values of america. this is a moment we have to call to question the obama administration like what do we do now? this is not dakota, this is not the end of the story. what are you going to do about it, mr. president? you have spent millions of dollars on this report. five years, one of your senior most members of your own party, diane fienstein has now raised a clear question that a, the american people and congress were lied to, that b, torture, barbaric illegal practices were used, they are not enhanced interrogation techniques or lawful techniques, they were crimes, that three, they didn't help us keep the country any safer. what are we going to do about this as a nation. it's not enough to just say oops, torture happened. >> right it ends with a question and not a period. >> exactly. >> mark, as someone who has

covered national security issues, i wonder knowing some of the fact that's are now out in public, what parts of the senate intelligence committee report have you found the misdistressing and questionable? >> i think even though we've spent a lot of time programming these stories over the years and expecting broad conclusions from the report the volume of detail is extraordinary seeing in millions of cia documents the conclukss that were come conclusions that were come to about the program and the chaos at the center of the program. when you see the detail there is a power in those. just seeing some of the cables and back and forth between intergators saying this stuff is not working and we're going to

quit if we have to keep doing this and response from headquarters is it's not your right to question the legalalt keep going so it is things like that that capturet drama that we didn't the know about. >> yeah is it is a human drama. this is the subject of a huge fight between the cia and senate and in some degree the white house and senate. this is coming at a moment when american journalists are being beheaded over seas, we lost a hostage this weekend held by al qaeda in yemen, the war on terror is still with us. is the american public indig nant that these tactics were perpetrated in the same of safety. >> i think -- it is a practical argument whether it works or not, and there's a legal argument whether it was legal or not.

i mean, the report shows whether you think it is moral or not, it wasn't effective and probably wasn't legal. now alex you know me a little bit and you won't take this as an exaggeration, i believe i read every major intelligence report produced by congress for the last 40 or 50 years and reading this report today i was surprised, i was stunned. i thought there would be a lot of stuff i knew already and details, yeah, yeah, yeah, but actually the degree of mendacity, the amount of lying, the report, diane fienstein accuses the cia saying they lied to the white house, the justice department, and they lied to their own office of inspector general, lied to themselves, to the state department, again and again and again, lying, false representations and inaccurate remarks and to congress over and

over and umt maultimately to th american public. to me while we need to talk about torture in the future, even though obama has outlawed it, there's still a lot of accountability to be had and i'm afraid it won't happen with our new republican congress, but the level of lying shocks me. when it comes to torture it just shocks me. >> yeah the depth of mendacity and depravity is breath taking. there were reports in one cobalt cite thereintergator who's have never done this before and inmates died under their watch. we are admitting where we are as far as prosecution and you suggest it is about pardoning. tell us why you have come to that conclusion. >> what i say first is that

ideally i would want to prosecute these criminals. >> right. >> what they did they broke the golden rule, do unto others as you would have them do to you. you broke the basic laws of the nation. you broke the law. now the president has, we have a question in front of us, what do we do about it, we have this 6,000 page report, we spent millions of dollars on it, now what do we do? we shelf it. we put all that money and time and energy and just say that was a lamentable moment in american history. the president has to prosecute the criminals who authorized the torture or he has to pardon them. it is just untenable. >> at least by pardoning we

recognize. >> we label them as criminals, capital letter c, that thou are a criminal, that you broke the law, therefore we're pardoning, but this moment of, well, unfortunate this torture happen, but no perpetrators, it is offensive, it's not constitutionally based, you can't identify the crime and not the criminal. >> and there's no closure. >> you find these criminals now justifying their actions, saying we were lawful, we were following the rules, we were in within the law, we have to label them the criminals they are. >> go ahead david. >> i was just going to say, this report really calls into question this significanystem w that allows the government to engage in secret.

they have to protect us. congress over seas it. there are internal checks within the executive branch. what we have seen is it is complete break down. there's no over site. there's no effective management. it's not just about torture but about everything we do that is covert on the war on terror or against isis or the war against anything. there's a bigger question what do do about those people who tortured, it's whether we have a system that can work when it comes to these secret activities who many believe are necessary for the national security. >> mark, a lot has been made about this report being used to radicalized people in the middle east, jihadist terrorists and the like.

we know gitmo remains a flag around which some jihadist rally. do you think that this report will have, can have, the same effect. i mean obviously this is a developing situation but in terms of how terrorist networks operate can you see this being used as a tool? >> it certainly can be and it is impossible to say right now whether it will be. we have seen terrorist groups will try to jump on anything to rally people to their cause and certainly something like this, which is an internal government document laying out all of these very, very dark activities would, you know, have that potential. and you can tell that diane fienstein was pretty -- was very conscious of that in her speech. in the beginning she was trying to justify why she was doing it saying we know it has the

potential to do this, there is unrest in the middle east, but she's again looking to this idea of history that the biggest reason she's doing this is is that it doesn't happen again, as she put it, and that there's not going to be a good time to do it so we have to do it now. >> thanks for your time. >> thanks a lot. >> sure thing. coming up, we will have more on that senate torture report, what if anything will happen to the bush administration officials who over saw one of the darkest chapters in our history. plus capitol gridlock, one man with texas-size ambition could shut down the government. and later we will look at promises of okung hearings. don't settle for 4g lte coverage that's smaller or less reliable when only one network is america's largest and most reliable 4g lte network: verizon.

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as congress deals with the fall out of a scathing report on central intelligence agency's use of torture, congressional leaders are trying to avert another catastrophe, at any moment house republicans are expected to unveil their bill to avert a government shutdown. the legislation known as a cronney will fund almost the entire government through 2015 with notable exception funding for homeland security which will run out in february. so far the gop is insisting it has the votes to pass. >> at the echbd tnd of the day

agreements are made and seems to be bipartisan. >> it seems to be more bipartisan this afternoon than this morning. gop was pushing for a series of concessions including a roll back of financial reform unwinding clean water reception because why not further restrictions. lest anyone get too optimistic, there's always the texas-size problem called ted cruz who shut down the government last year has not been shy about his distaste for the spending bill this year. even before its release, cruz's communication director blasted the plan as amnestybus. saying this. so, is amnestybus, aka, c

cromneybill, is it enough to shut down the government? joining us political column for washington post, dana, what is going on here. let's start with the big picture. we know there's a likely short-term cr somewhere in here, but is the government going to shut down at some point before christmas. >> first of all let's get off the whole bus business here with the omni busses and all those other pieces so people can see what's happening here and that is basically what our government has been doing the last several years, always waiting until the last minute so they can kick the can down the road further to have another stand off down the road. we seen it over and over. the problem is it empowers the crazy.

it appears it will get through the house, but then you get to the senate they areishi istchin get out of town, so have to do it by unanimous consent, which has to include ted cruz. >> which is tricky. >> exactly. it includes jeff sessions. you can't say anything with confidence that, you know, that's going to happen in this congress. but it does appear that people in the house are willing to stand up to ted cruz. >> i don't understand why democrats are making any concessions, why are there any poison pills for democrats. we knew the epa roll backs are still being maybe floated. seems like the democrats have the upper hand. if the republicans can't pass this and shut down the government they will be blamed for it. >> it is a crombenivbubucromnib.

i think right now, being can't pass the bill with his own votes, if he loses 18 republicans or so he can't pass the bill. so once again here comes nancy pelosi, play those trumpets, riding to the rescue and i think she will make sure there are not writers in the bill that are not overly offensive to the democrats. >> why are there any democrat poison pills. why not have unpal atable stuff for republicans since they are the ones that will be on the hook here. >> this is a problem you have had for the last three, four, five years because the republicans half of them take hostages and then blowup the building with the hostages inside it. so people who are responsible who don't want the government to shut down and cause problems for

real live working average americans, at some point have to figure out what are they going to give on and what they're not going to give on. i think harry reed has decided this is completely nuts-o business going on, i will take almost anything to get out of here. boehner will have to fight the crazies to get pelosi's support. >> it is worth mentioning even if amnesty-bus, cromnibus, whatever name you call it, no matter what passes there's still a show down over dhs funding in february. >> yay! >> right. and republicans once again have to deal with something that is not politically expedient for them which is shutting down the government or dealing with immigration reform. >> it will give us all something to talk about and we can do this all over again. >> yes. >> i think the important point

to make, republicans already swallowed a big poison pill, is this was to be the confrontation over immigration, they have surrendered, they are not going to have that confrontation, they made symbolic rebuke that the senate won't take seriously at all. >> they have the antecdote it's called pass the senate bill. >> they don't want to do that. >> of course they don't want to do that. >> they are impervious in the house to is that antecdote. they did punt and obama did get away with this. if they don't have the energy just after an election victory to mount a fight on immigration, you really think they are have it in february. it seems they have completely surrounded on that issue. >> then what happens? i feel ted cruz --

>> i'm not convinced that this festiveus surrender will extend to march or february whenever this might happen. we have seen in the past when the tea party caucus has either laid down by boehner only to come roaring back over the objections of the house republican leadership and now maybe the senate republican leadership. so ted cruz isn't done yet. and there can only be one senator who is running for president in 2016 who will get credit for shutting down the government and someone will want to wear that badge. >> i feel cruz has boxed himself into the corner, he has to push for a shut down in some way. >> he has to push for it, but i feel you're starting to see in the house some direct criticism of him saying stick in your chamber. i feel like ted cruz has jumped

the shark and lost some support. having said that, it does only take one man to mess things up, he at least has the caucus of one and that may be enough at one of these showdowns. >> that is truly a existential reunion. thank you for your time. coming up, the supreme court just dealt a major blow to workers. i'll tell you why employees at amazon have to keep waiting for workers rights ahead on "now." sign-then-drive event. for practically just your signature, you could drive home for the holidays in a german-engineered volkswagen. like the sporty, advanced new jetta... and the 2015 motor trend car of the year all-new golf. if you're wishing for a new volkswagen this season... just about all you need is a finely tuned...

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there's other countries who would be willing, willing to say we made a mistake, we made a big

mistake and to make sure we don't let it happen again we will let the whole world know, that is the true strength of who we are as a nation. at th . >> that was joe biden speaking about the senate torture report. here's some news you may find surprising.

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an occasional flare may be a sign of damaging inflammation. learn more about the role damaging inflammation may be playing in your symptoms with the expert advice tool at crohnsandcolitis.com. and then speak with your gastroenterologist. today americans are getting an unvarn issued assessment of cia torture practices and the findings are gruesome according to the senate torture report the agency's techniques were brutal

in perhaps the most distressing conclusion for many americans, the report finds this . thank you gentleman for joining us. vice president biden earlier today said the release of this report is a badge of honor for america, john mccain called it a stain on our national conscious, where do you think it lies or is it both. >> it's both. it's a badge of honor that we have gone through this truth-telling exercise. it's awful what is being revealed and it is shameful that all we are doing is telling the truth and not prosecuting. obama has gone through six years of trying to make nice to the right wing, viewing prosecution as being too provocative so

finally he's using his executive action. how about to finally prosecute the bush torturers. >> right and maybetrip critical to call it badge of honor when they did a lot to delay this. a badge of honor they wanted to keep in the closet for a really l long time. >> and the question now is what next? unless they really pick up the mantle and say, okay, these crimes are committed, we know they broke the laws and if they truly uphold the law they will prosecute these individuals.

can't stand on the fence and say crimes occurred but no criminal committed the crime. obama has been reluctant to pick this fight. it is laid now too great detail. you can't just swear an oath to uphold the law and then not go after individuals who conducted criminal conduct found by your very own senate intelligence committee. >> one of the things revealed in this report is the sights, poland, afghanistan, thailand -- how did it happen? we know there were pay outs. some of these plays didn't have good protection in terms of rules of laws but how did this inclusion to abuse people's rights. >> this was a big priority after 9/11 so you have some countries with close relationship with the

cia, places like morocco or thai ha land that were already operating together with the united states. you have a country like -- that don't have tradition with law. i think the important thing is what does obama not prosecuting, say for the future. in the united states it says in the penal code may be a crime but in fact is a policy option for the next president who is panicked after a terrorist attack. you can maimagine around the world, if the u.s. can get away with it, what does it say to torturers around the world in less savory countries.

>> this is a real push to other countries to release prisoners, it is welcomed in many circles, it's high time, do you think that's the administration trying to mitigate. >> i think the administration is trying to double down on its legacy. >> does this wash away that legacy? >> no way. they have the huge question mark that this president may pushed through executive action but the big mark on his legacy is there are little differences between his and bush administration. the fact is it's been much more alike in the context of national security the policies of the obama administration compared to those of the bush administration so they're working hard to burnish a credential so they can talk about list legacy at the end. >> do you think the assassinations, the fact we are

doing things that people will say is not necessarily constitutional is informing his desire to not prosecute what happened in this chapter. >> it is really hard to fully understand. the president from the beginning, we had a meeting with him early on and it was clear he was not interested in discussing the accountability of the torture. this is before we knew about the drone attacks. this was a president who was very reluctant to talk about the idea of prosecuting individuals for crimes from the beginning, way before the fienstein report launched and certainly before its preparation he made very clear this was not on the gaeaga for his presidency. >> and is important to make clear, the shame and criminal acts here, when talking about the senate torture report are with the bush administration and there are names, george tenet who authorized torture, rumsfeld

authorized torture at gitmo, george w. bush and dick cheney, with those names live on in infamy? >> absolutely. the senate torture report tars them big time. and they say it didn't tell the white house what it does. we know early that the cia knew it was engaging in torture and wanted a pass, they went to justice department and they said no, and that's what sthey startd crafting opinions to justify the unjustifiable but what the report doesn't get into it is

how cheney was driving this, twisting the law, basically becoming kplaccomplices in crim instead teaching at berkeley. >> because of the way the report was written, george had a window to say i had no idea. he has taken full ownership of that. were you surprised by that reaction? >> the other thing i find dis disinagadisi disinagainiodisi disingenuos says he wasn't briefed. i think that doesn't show the role of the white house. particularly cheney operating with bush's sanction to drive this, to push the cia to adopt the terrorist mentality of the ends justify the means, they

were going to do anything it took to get to the bottom of this. >> and the depravity is so profoundly remarkable. if you sanctioned this, i think you have to say that's the right th thing to do because to come to terms with the pain you inflicted on other human beings is almost unconionable. >> when you think how they perpetrated these acts on human beings who are enhtitled to the protections of the law. we talk about the golden rule, do unto others as we would want them to do to you. we don't want our soldiers tortured the way we were torturing members in gitmo. and what is truly remarkable, the idea president obama won't

go full hog to criticize the bush administration because it might open himself up to criticism later on. same with senator fienstein, she worked too marchhard to gloss o the fact there was a break down of leadership, authorized and drafted and pushed through by the highest members of the administration. z z >> gentleman, it is a dark chapter, this conversation is perhaps it won't end here. >> it won't. coming up, gruber gate said obamacare only passed through the stupidity of the american voters, through himself out there. highlights just ahead. than the . it's more than the car. for lotus f1 team, the competitive edge is the cloud. powered by microsoft dynamics, azure, and office 365,

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together and it has been a great journey. i said during your hanging of your portrait right there. >> thank you for saying it was hung. >> [ laughter ] >> things started off on a chummy note as chair of house over sight committee but the mood quickly deteriorated to dramatic partisan name calling. we'll play highlights next but first the market wrap. ♪ music

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obamacare of gruber, played out as expected today. it started with a full throated public apology. >> in excerpts of these videos i'm shown making a series of glib and thoughtless comments, it is never appropriate to make ones self seem important or smarter by demeaning others, i know better and i'm thembarrass and i'm sorry. >> but he quickly learned it won't go wasn't going to save him. >> night before last they honored tom hanks, famously, forest gump, the ultimate in successful stupid man. are you stupid? >> i don't think so, no. >> do you feel bad about taking all this money from obamacare from people you call stupid?

>> what are you hiding? why won't you give those to us? why do you believe you're entitled to not give it to us? >> do you see a trend developing? >> i don't understand the question. >> it's a lot of stupid quotes you made, that's the trend. >> dana, ouch, how did jonathan gruber do in your expert opinion? >> well had he a very difficult situation to come into there given where he has been. if at all possible he may have made things worse for himself. >> how? >> he started out with a polygamy and of . >> he started off with an apolo apology, but ended up saying deal with my lawyer. they will haul him back here to do it all over in the new year. i'm not sure what he got out of it. >> maybe the third time is the charm.

dana, what strikes me about some of the sound we played and the general tenor of is this goes back to the start of the gruber affair, which is that gruber's comments about the affordable care act confirmed two things that the right has long believed about democrats and the law. the word "stupid" was band-aid's about so much, this paranoia, oh, you liberals you think we're all dumb, we're going to show you otherwise, it seemed to have an emotional side to the whole affair. >> yeah that was the theme in the room today. the democrats doing everything they could to disown him and say he was in fact the stupid one. you almost had the republicans defending it, saying, yes, you may have made some incautious remarks bau what you were saying

is that's true, they were trying to deceive the nation and that's why they brought in marilyn tavener who is over seas obamacare at hhs to sit next to this guy and pair them together. saying those guys are the perfect pairing. the whole effort was to essentially blame obamacare and to wrap them all around gruber. basically to gruber the obama administration. >> to gruber is now a verb. >> it should be. >> and i'm with stupid t-shirts were all over outthere this morning. some reacting with panic saying you're unwinding all the progress, nobody is talking about all the progress, 10 million people now have health care, there is no debt spiral, more insurers are joining,

health cost costs are growing slower than at any time in 50 years. >> i don't think you can gruber the aca here. look they can have their repeal votes in the house and senate and guess what the president is not going to sign it and in another couple years will you see that many million more signed up, then what will they say. >> was there sadness that this is daryl chairing the last committee. >> i'm excited. i enjoyed him over the year but i ecnjoyed the clip of him bein hung. >> thanks dana. >> thanks alex. >> coming up whethn can a compa force you to stay after work and not pay you, that's next. ket ri? i have $40, $21. could something that small make an impact on something as big as your retirement?

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amazon won a fight against its workers when the supreme court unanimously ruled that amazon warehouse workers don't have to be paid for the time they have to stand in line waiting to pass through security checks at the end of their shifts, they have to wait up to 25 minutes after a shift in order to be searched for stolen items, it's a process that plaintiff's argued amounted to wage theft. one of the plaintiffs made $12.75 an hour explaining the job was exhausting, sometimes would walk 20 miles a night and was eager to go home to get sleep. justice thomas had this to say. >> had the supreme court under foun in the reverse, amazon and

various staffing agencies it uses could have been required to pay over $100 million in back wages to as many as 400,000 workers. amazon declined to comment on the decision. the company did dispute long wait times at its facility. john buck had this to say. that's all for "now." "the ed show" is coming up next. ♪ ♪ good evening americans and welcome to "the ed show" live from detroit lakes, minnesota, let's get to work! ♪ ♪

>> this report that's being released by the senate intelligence committee. >> described brutal around the clock interrogations. >> i hesitate to use that term, torture. >> it was an ugly visceral description. >> i know from personal experience that the abuse from prisoners will produce more bad than good intelligence. >> we tortured some folks. >> it's use was shameful and unnecessary. >> they never inthe viewed anyone of us who had anything to do with this program. >> we promized our basic values. >> using those techniques saved lives. >> the program proved its worth. >> that's a claim we can prove is inaccurate. ♪ ♪ good to have you with us tonight folks, thanks for watching. earlier today the senate