>> we took some steps, contrary to who we are and to our values. ♪ ♪ >> the highly controversial senate torture report. >> every single page had something that shocked me. >> absolutely devastating to read. >> the study says things that cia and other government officials don't want the american public to know. >> coming clean about what happened. >> sexual humiliation. >> keeping them sleep deprived for 180 hours. >> do you think what took place was torture. >> no i do not. i disagree you're claiming it to be news. >> i think history has proven that torture doesn't work. >> we got to shut this down. >> we are going to end up with a central intelligence agency that is timid.

the very charge that was made against us right after 9/11. they're back. the bush administration officials who authorized the cia torture program are coming out in droves today to dispute the conclusions of a damming senate torture report released yesterday. their main point of contention, whether the cia enhanced interrogation techniques kept us safe, more specifically, did torture help foil terror plots and did capture terrorists. for years cia officials claimed brutal interrogation helped capture osama bin laden and others, and it thwarted several other plots. the s

>> and further the report reads >> in summary, torture did not work, it did not save lives, and it did not keep us safer. in a lengthy speech this morning, mark you'd all called for the resignation of cia director john brennon and called

on the president to live upstairs to his promise of transparency. >> there can be no cover up. there can be no excuses. if there's no more leadership from the white house helping the public understand that the cia's torture program wasn't necessary and didn't save lives and disrupt terrorists plots than what's to stop the next cia director from committing torture. the president needs to perj high level officials who were instrumental in running this program. he needs to force a cultural change up in the cia. >> joining me now senator, let me first talk about your what your colleague was saying. do you think john brennan should resign? >> i'm not ready to call for his residentition nation. resignation. he's served his country well for a long time.

i'm more concerned that we don't repeat this experience. i think that's where we need to keep the focus and the real debate is do these tactics work. to me the overwhelming evidence is that they don't. that comes not only from the report itself but from people who i'm in touch with who are professional intergators, air force, army, cia, who say more often than not you get bad information, not the information that is really essential. the guts of this report, for almost 500 pages, is taking apart in incredible detail each of the allegations how it worked and then documented that the information was generally already available, the cia or fbi already had it. and it's not the program, you will hear the defenders talk about how the detention program

bore results, it's true, it did, having people intergated was an important part about what we learned about al qaeda. the question is, does the torture work. i think the overwhelming evidence is that it doesn't. that's why we need to have this debate so we don't get stain back on our country a second time. >> to that end, a huge moment of clarity might come if anyone saw a copy of the cia's internal document that comes to many of the same conclusions that tsenae intelligence report has should it be released to the public. >> i think it should. they can redakt but i think it is an important part of the public record. right now we have the senate report which is incredibly depayton tailed and we have the

cia's response and some other republicans issuing their views. here's the key, on this question of did it work, for years the cia said it worked and made all asserts -- assertions about how effective it was and it saved lives when we gave them our report they came back and said whether or not it works is "unknowable" so it migrated from certainty to unknowable. i think that speaks volumes. these people who are now coming out and saying how well it works they are defending the undefendable. >> that's same as last year, senator john was saying i don't know if it works and now it is with certainty it works. talking about the results here, how is the american public to have any confidence that this won't happen again? >> again i think we need to talk

about legislative solutions. we are already a subscriber to the international treaty against torture which we led in the 1980s and 90s which basically defines it and says it's never appropriate under any circumstances and i think we violated that treaty. two really upsetting things aside from the torture itself. the cia and many officials misled the president, the justice department, the inspector general and the congress. that in turn raises the question how do we believe them next time. >> given that audacity do you think there should be any prosecutions. >> again i don't think that will serve purpose. i think it will be difficult in terms of national security implications. i'm not interested in looking

back. the more important thing is let's on the larger scale define what happened and i think the senate report does a good job of that and that we not do this again, that it doesn't work. you will have some say it works, your follow up question should be, okay, do you think that's what we should do in the future because that's what they're saying and i don't think that's what america is all about. >> thanks for your time. >> thank you alex. >> joining me now washington director and senior national security correspondent. jonathan, let me start with you. a huge and raging debate unsurprisingly between bush administration officials and those who put together the senate intelligence report over whrnt the torture program led to results. i want to read what john mcrm wrote.

shorthand, you guys don't understand how we got to abbottabad so you're not the judge and jury on this. what do you make of this. >> these are the people who over saw the program and they're expected to defend it. attacking the messenger seems to be habit here in washington, d.c. rather than discussing the substance of what the report says we have heard before abbottab

abbottabad, the cia came from people not from those who were involved in the enhanced interrogation techniques. >> when you look at how lawyers analyzed the program, 2011 cia lawyers write this. this thesis, torture involved in saving thousands of lives, it's baked into the cake, it is hard to imagine they will back down from that thesis at any point, given this is the starting point of the program. >> when you think about what the report put out there, it closes the case. this was met iculously researchd report and used information from the inspector general. it makes the case that torture didn't work.

i think whether or not they choose to back down is a question of how much they will rewrite history. >> they wrote that in 2001, rather than 2011. january than, to the cia there's publicly been a huge amount of push back. what are you getting as far of your reporting, the way the american public is talking about the dark arts, if we can call them arts, of the central intelligence agency. how is the agency responding internally? is there any sense of a mea culpa within the agency walls. >> i think there's been public acknowledgment in both the cia's rebuttal and in interviews and in messages to the workforce acknowledging that there were mistakes made, acknowledging that things weren't perfect but insisting again on the main theme which is that these

interrogation measures were necessary in order to obtain information that wasn't obtainable in other ways, that they were legal, having been cleared by the justice department and that they produced information that saved lives. we're going to have to wait and see whether or not there's further changes internally within the cia and the u.s. intelligence community more broadly that would address some of the problems that were raised by the report. there certainly was already quite a bit of internal disent among cia officers and analysts who were involved in these enhanced interrogations, torture, and who were studying the so called take, what was coming out of there. there were a lot of doubts expressed about whether or not, if some people, for instance,

whether or not abu was senior al qaeda operative, turns out he wasn't. >> to jonathan's point, the chaos and mendacity, if you're to believe the report, one of the most damming part is the table compared to what then cia director hayden said about the program and findings within the report. for example he testified waterboarding can't take place more than five days out of 30 days. muhammad was subjected to pouring of water for more thon

12 minutes this seems like grounds for prosecution. >> the first point is that while we knew because of our research that the torture did occur and that it was brutal, even i was incredibly surprised to read just how brutal it was. it was really beyond the peal a peal. >> and the question is how do we ensure this never happens again. laws were violated, the best step forward is prosecutions, that would insure no other administration can violate the laws. >> are you surprised at the level of detail given the fact the white house did so much work on redakss and doesn't seem inclined to pursue prosecutions. >> the little detail of the report, i mean, you know, five and half years of going over

millions and military ymillions millions of pieces of report you will have a report with incredible detail. >> were you surprised jonathan. >> very much so. here's one of the details i think a lot of people have missed. in the forward to the report, senator fienstein, the chairwoman of the committee herself, said she believed that cia personnel broke u.s. laws and violated international treaties yet there's no mention of that in the conclusion of the report itself. i find it very incongrewous. >> it is a withering document. thanks for your time. come uing up what do detain at gitmo think of their enhanced interrogation. will talk with one reporter next.

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>> so, congress has a deal. specifically a $1.1 trillion government funding bill aimed at advertising a government shutdown in the coming days but can it pass and if it does is it a win for conservatives or democrats. >> all of these provisions in this bill have been worked out

in a bipartisan fashion or they wouldn't be in the bill. i wish it had been done last week but it wasn't. and so here we are. frpz i'm proud of the work they've done. look forward to passing with bipartisan majority in the house and senate in coming days. >> few seconds later, it was stressed it's partisan credentials. >> reduces the irs budget by $340 million cuts the epa staffing levels lower than in the 80s. finally it sets up a battle in just a few weeks with the president on immigration in his attempt at a legal action. >> slashes the irs budget, check, slashes the epa budget, check, leave room to rabel rouse on immigration, check, don't expect the far right flank to like it.

>> i'm out. >> how many people are with you? >> i think there's over 50. i don't feel comfortable with the way all this played out. my chief certain is, to provide funding for something that is unconstitutional is a violation of my oath. >> this wait now, fight later, this is the best ground to fight on because it's constitutional principal. >> i feel leadership is asking us to under punt on first down, at the first opportunity surrender, than what is there to suggest that a few months from now you will oppose the amnesty that you have today funded? there's therewill be dozens of republicans who will vote against it. >> dozens and dozens. ju hall of fame how many

. >> we are hoping it comes out of the bill. this is brand new. our members are just very, very concerned about it. so we're hoping that they have nothing to do with a bill. you know, a appropriations bill, and we would hope they would consider taking them out. >> joining me now is former rnc chairman and washington bureau chief for buzz feed. john stanton, it sounds like democrats are less and less enamered of this bill as hours tick by. what's the latest. >> i think it's interesting that elizabeth warren is doing their best impersonation of ted cruz riling up house progressives saying block this bill, let's get a better deal on the financial regulations language in it. so i think democrats are not willing to suddenly play ball

which is interesting given two days ago it looked like they were going to give speaker boehner the votes that he needs to get this through. >> chairman, what's going on with the far right. dozens and dozens of republicans cannot afford to jump ship on this if democrats are not willing to give them votes. >> that may be true but i doesn't think that will happen. i think in the end it will pass and get to the president's desk and guess what, check, he will sign it. this will fall on both houses, if you will, if it doesn't get done. this won't pe a good or favorable talking points that republicans shut down the government. boehner put together a bipartisan bill. there's pain in there for both sides. i'm sure will you have folks bragging about whatever piece they wrote as well, at the end of the day it gets done, and it

has to, unless you want to go into this whole who done it mystery, and i don't think either side wants that now. >> to that point, john, that progressives will find something to champion, i mean, at this point the thing to champion is that the government didn't shut down. ifs if you look at what is in there. the epa budget slashed by $60 million. 21% haircut since 2010. irs budget slash the by $345 million but the two things stuck are the campaign finance law, basically a relic, no longer exists with this and guts significance provisions, those last two in particular, john, were they always a piece of this? >> they weren't always a piece of it but there was talk about it for quite a while. also getting rid of the campaign finance rules, it's been talked about for a while.

i think the problem democrats will run into is unlike the last shut down where they spent several weeks messaging on this, no one thought there would be a shut down, no one thought this bill would fail and suddenly now on this precipes and it will be much more difficult to lay at the feet of republicans this time around. leadership is looking at that calculation saying i don't want to get any mud orn my pants buti think don't harry reed can avoid it. >> do you think he will be able to keep the pass. >> if the house can pass it. it is very unclear if the house can in fact pass it. if 50 republicans don't vote for it, that may be a very, very difficult bar for them to get to, especially given the fact that nancy pelosi has made signals she's not going to support. a number of democrats in the

house have come out in the house and said they will not support it. and there are a lot of house progressives taking cues from elizabeth warren. >> if this does pass it will be a mark of moderate republicans winning a battle a lot of folks were skeptical they thought had he could win with members of their own caucus but february 27th is when dhs funding would expire if the cromnibus passes. my question is there's so much blood in the water on the executive action that hasn't even gone into effect yet, how confident are you they can control the furious far right flank when the department of homeland security may run out of funding. >> it will be a significant challenge no doubt about it as you heard from the members that you played there.

they are already beginning to stoke the flames a little bit on this. and it will be even more so if this bill passes the house. and i think they will pass it on the acknowledgment and at agreement that that 27th of february deadline, certain other things will be done to put appropriate checks on the president. either rhetorically or politically or even legislatively. i think there's more play here. it's a very interesting needle for the speaker to thread right now. i think what works in his favor is the idea that the democrats are in as much a botch x as republicans are. probably more so. that works to his advantage. but as noted, on the flip side, he has other deadlines, that's where his challenge will kick in when he has both senate and house in control by republicans. >> and irony, dhs funding, if it

runs out, the thing that stops, deportations, border security, all the things republicans like. >> yeah there is a bit of irony to that. if they do get the bill passed there's going to be very difficult for the speaker, and sthen the incoming majority leader in the senate, mitch mcconnell to get any kind of deal with the obama administration. it will put them in a tough spot. i don't think their members will say let's go another three month spending bill for dhs and have this fight again. they will want him to hold the line in february. that's going to be very tough. >> what does he do then? what does hold the line mean? impeachment? >> check please. >> yeah, exactly. did i say orange chair i meant some other chair. what do you do if you're john

boehner. it's a title wave coming at him. >> it is a title wave coming at him. the question is do you get yurp de your deal now or do you think you have something you can put in play later. i'm thinking john boehner thinks he has some cards because he will have mitch mcconnell on the senate side so it is not just him in the boat himself, so that will help. but i think john again makes the point here, i don't know how he avoids having to deal with very, very angry, frustrated members if he doesn't hold the line on the deal. >> get a bucket and start bailing water now. thanks for your time guys. >> thank you. >> all right. coming up after months of controversy, the nfl is trying to change. that's next. the holiday season is here, which means it's time for the volkswagen 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.

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while congress debates a trillion dollar spending bill president obama is expanding early childhood education. he announced a $1 billion public

private investment in early learning programs. he said there's no better investment than developing american's young minds. >> for every dollar we spend now we can save $8 later by boosting graduation rates and increasing earnings and reducing violent crime. early education is a win for everybody. >> joining me now valerie jarrett, thanks for joining me on a busy day. >> my pleasure, how are you doing. >> i'm good. discussions at the white house is getting big backing from everyone from john legend and others, what about the u.s. congress, is the president happy with the way congress has taken up this issue? >> as you know a couple years ago at the president's state of union he called on the congress that would pass legislation that would require every child to

have access to affordable childhood education and they did not fully support that. but what he did this past year is say let's go out to the governors and mayors and see if we can work with them. so right now 34 states have increased funding for early childhood education. then the president said let's go to the private sector, beginning with the foundations that have a long track record of investment with early childhood education and today $330 billion it's a tremendous day. >> congress does nothing so we're forced to go outside congress to get anything done. there's something in the work that's may be skutled what does the white house say to those like elizabeth warren who say don't pass the budget bill for

the fact guts epa and spending -- >> the bill is 1600 pages, we receiveed it at 8:30 last night. so we're going through it very carefully. there's some good news. funding to help fight ebola. money to continue fighting isis. they were unable to reverse executive action reform. no provisions to reversion what we're doing to help control carbon emissions. so there's a lot of good news but there are concerns. after we go through it more fully i will have more to say. in terms of our final crisis that the president inherited when he came in, one of the most important steps is to make sure we never again have the tax payers bail out wall street. so it is very zblorimportant z.

>> are you dismayed that the work. congress is now protecting the wall street banks. >> the president's focus is protecting the middle class and those who want to move into the middle class. there were not rules of the road in place which is what led to this enormous economic catastrophe that we had six years ago. now we have well over 10 million jobs, businesses are growing, we are coming back but we never want to be in the situation we were in. and the rules of the road do just that. >> to the question of rules of the road, there's much discussion about the senate intelligence report on enhanced interrogation which some folks call torture. member of the democrat party on the floor said today the president needs to purge his administration of high level

individual who's were instrumental in running this program. what is your thought. >> john brennan has the full confidence of president obama. one of the first steps the president took was to end enhanced interrogation techniques. he thinks they don't reflect the values of bwho we are as a country and he insisted they stop. >> i know the white house is very involved in the senate torture report there's an overwhelming amount of question, do you think given the debate between the intelligence agency and senate that the pineda review should be released to the public. >> i don't want to express opinion on that. it's a classified report so as such is it can't be. i think what is important is that we talk openly about the challenges in the past and complain why the president took

the action he did and when you see the details whof what has bn released i think people will understand that's not what we should do as america. there's other things we can do to keep our self safe besides those enhanced interrogation techniques. >> i would be remiss if i didn't mention today was internation human rights day. we have talked about our own internal record. set ago side torture if. can we expect the president will speak more about race, that is part of systemic failure in american society, we will speak to it more directly in coming days. >> he spoke very directly on bet on 106 & park. he certainly spoke after michael brown's death after the grand

jury verdict came down. again after the grand jury verdict came down after michael garner's death. he put in place a task force that will look at a short window, 90 days at what we can do to better strengthen the trust relationship between the police and the communities they serve. we are fortunate to have police out there every day putting their lives in harm's way to keep us all safe. what the president has said particularly among african-american men there is a simmering sense of injustice so we all collectively have a responsibility to fight for that justice and it is heartening to see not just in ferguson and in new york but across the country young people particularly of all races coming out and saying let's really put the spot light often this issue and put in place some policies to ensure that that trust is fostered and what we've been hearing from law enforcement is that when there is trust, we know what works, we

want to the take that to scale and think of new ideas, when we do have that trust communities are safer. >> white house senior advisor valley jarrett. thank you for your time. >> nice to see you, alex. coming up lawyer joins me with more detail what's happened in those dark rooms, that's just ahead.

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we have breaking news this hour, it's reported that the pentagon has closed the facility

in aftghanistaafghanistan. two prisoners died there. this coming one day after the senate torture report was released detailing barbaric practices in the wake of september 11th attacks. for 13 years the military has detained hundreds indefinitely and without charge at gitmo, cuba, this past weekend released men and lawyer of one of the men joins me now. thank you for joining me. >> thank you. >> i guess my first question is, you have worked with folks who have not been tortured per se but who maybe have under gone

some of the enhanced interrogation, we're calling it that, who have been detained on end wrought charithout charges . we have been reporting that the u.s. government is try stsin tr offer some transparency that this was happening did they know it was being compiled. >> i think some knew but most did not. i think most present on most of the survivor's of torture's minds is the reality that there is no real accountability. >> right. now ha the report has been made public there's a huge question what happens next. as a lawyer what are your thoughts on what would be the reasonable next step and also for the men you represent. does it mitigate anything at all if there are no prosecutions? >> i think that's really an extremely important question. because many, including president obama have said we should stop looking back but the

question of accountability is a forward looking question, about whether the u.s. will do this again and it is about whether other countries feel it is normal to engage in these practices so i would say prosecutions are real accountability. >> given the fact there seems to be new momentum, your client who went to uruguay tell us about what it means for his life? i think a lot of people say you're not in gitmo that seems like a good thing what does it mean in terms of him having a semblance of normal exist zblens my client was brought to therein 2002 never charged with a crime. >> a hugely important predicate. >> that's right. and in 2009 he's cleared by police, that happens five years ago and then he languishes there

until today. finally able to bring this to fruition. he's over joyed. looking forward to learning spanish and reuniting with his family and try to rebuild what's left of his life after 13 of his prime years have been on hold for over a decade. >> huge debate is a question of force feeding which continues and there are videotapes of it and there's a ranging debate whether they will be released. the u.s. insists it is legal if it is, why can't we see it. are you optimistic over what is being done in terms of force feeding. >> my hope is that those pressing in court for these videos to be released will prevail. in 2009 we were in a similar

case, the longest runner who was on strike four years, we were able to obtain those videos, but before the judge could get the videos, he was sent home to saudi arabia so we hope the judge can order on appeal the videos to be released. >> let me ask you, we at least know there was torture. we may not have ever gotten the release. the release of the gitmo prisoners are happening late but they're happening. do you think we are getting better. >> i any what happens next will determine whether this was just an empty release of information or whether it will actually serve to prevent it from happening again, be it united states torturing other people or other countries pointing to the what the u.s. has done, what we do next will determine what

happens in the future. >> thank you so much for your time and thoughts. >> thank you. coming upholder said no reporter will go to jail under his watch for refusing to disclose his or her sources, that promise will be put to the test in the next six days. i'll explain next. sheila! you see this ball control? you see this right? it's 80% confidence and 64% knee brace. that's more... shh... i know that's more than 100%. but that's what winners give. now bicycle kick your old 401(k) into an ira. i know, i know.

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decide whether he will subpoena james risen, to call him as a witness when ex-cia officer goes on trial next month. risen said he will go to jail to protect his sources but mr. holder said that won't happen. >> we have been in touch with his lawyers and talked about a variety of things and if what we talked about remains true i

think there will be a resolution that will be satisfactory to everybody, no reporter will go to jail as long as i'm attorney general. >> six days left to find out what holder's move will be. that's all for now. "the ed show" up next. good evening americans, welcome to "the ed show" live from washington, d.c., let's get to work. ♪ ♪ >> the cia is lying. >> i think we got some information that is valuable. >> we're a nation at war. >> we broke their spirit and made them cooperate. >> subjected high value prisoners to some discomfort or a little pain. >> it was very successful. >> as i said before, constitutes as torture in my mind and that's not who we are. >> we're going to end up with a