judge napolitano: -- charles: who should have been person of the year?nowden has demonstrated extraordinary courage and fidelity to the constitution greater than anybody in the government. stuart: thank heavens time is up. charles: time for a commercial break. stuart: you are out of here. judge napolitano: i never had that said to me by person admire sell much. stuart: i am half staff from them shouting at me. we are calling it the battle for your living room. after the break someone says microsoft with the x box 1 will be the winner. find out about it in a moment. stuart: we are monitoring the hearing, just confirm today's enrollment number 354,000 people selected a plan in october, november, that is not people who actually paid just confirm that. the battle for the living room between sony playstation four and the xbox one. the managing director is here. you did the survey, didn't you? and what basis would you say it has one living room? >> we have been in the market survey here in the states all who intend to purchase a game console in the holiday sea

judge napolitano: yes.ess in its voracious appetite for cash and decided we are going to let states have a voracious appetite for cash and congress is on the verge of authorizing the state to compel businesses to collect taxes for the stage even when the businesses are not located in the state. dagen: amazon has relationships where statement came in, amazon has relationships with certain sellers in these states and amazon collect sales tax for 16 states which comprises more than half of the shoppers. judge napolitano: once this takes off there will be no tax free states. as long as they have a sales tax they compel amazon and other online sellers to collect even though they are not physically located in that state. that will be a radical change in the law, that the state can compel someone subject to its jurisdiction, not physically located in the state to collect taxes. connell: to the early point the internet versus the way things were before the internet what is the problem with that? judge napolitano: t

judge napolitano: shouldn't have done it.n sas -- stuart: do you think prosecutors should have pushed through the trial process and taken it to trial because they haven't? they take money off of big banks, financial institutions. judge napolitano: the jamie dimons of the world's, not because charlie gasparino wants me to say it. should tell the kids to take a hike and try these cases rather than giving in to them. no jury would possibly -- jpmorgan chase bank $1 billion because they lost some $4 billion. what good is served by that? charles: why don't they fight it? jamie dimon seems pugnacious. stuart: his board doesn't want him to. before talking $100 billion the industry paid out of a paid a fraction of that -- judge napolitano: here is where i agree, the government is not interested in justice. the government is interested in cash. the money does not go to the victims. there is no victim here. jpmorgan lost its own money, the money goes to the federal treasury. stuart: leading tech ceos eating at the white house, the big

judge andrew napolitano. tracking of foreigners where foreigners -- >> blackberry, iphones, and connected to the closest transmission power, in the area of. the transmission power tapped into the funding by the nsa and they know every phone in the area and as they move they go to the next transmission tower. each of those is considered additional. when tapping five billion cellphones it is five billion tons on a few hundred million cellphones. what cellphones are these? that is the issue. the nsa does not disparage if they are looking for a person in great britain, they will tap all cellphones in great britain. innocent and not innocent. american and not american, lazy to distinguish. stuart: start with the law and follow it. to a mass investigation to lift people up. judge napolitano: sound just like george iii with assistant tax which let british soldiers go anywhere looking for anything they want to find among the colonists for britain to defend. stuart: if we don't track the how do we know where they are?

judge napolitano: dr.fferently when they know they are being wapeaohe al they compentrate for being watched. the flip side is the govercrent miehaves differently when it knows this is not being watched. expand its power, it does other things because it knows it is not going to have to enter in p is cliyou c stuart: are we more decent and law-abiding because we lost privacy and we u aow we are beig looked at? judge napolitano: we are fearful and afraid to exercise freedom because we know we may have to justify even our private behavvor. stuart: we are close to agreement. for oliee. thank you very much indeed. see you at strlie sam check this out. a baby bounce the mack seat designed around and ipad. a guest to not only disagrees with the concept but wants this thing recalled, taken oice of te market, no longer your choice. you wants a harvarw academics as get that thing oice the market. she is with us after the break. ♪ [ bagpipes and drums playing over ] make it happen with the all-new fidelity active trad

it is clear it was a distinct and napolitano 86 or 87 this is not just a powered terrorism it is a religiousology. >> some people immediately that i would be talking about goldwater. somewhat derogatory. in the whole idea was chris matthews said you gave me a chill but the point is the media since 1980 has shifted heavily to the loved i don't think this is too much as a matter of debate and the more but to be statistically proven there have been numerous studies suggesting that is the case and i think there is a danger there that we have been warm to by doris kerns goodwin last week to said "the new york times" is not doing the obama favors by protecting him our system is designed for the media to be an attack dog a watchdog against excessive government. >> i think that has been missing for the last five years. it might have to do with academia going so far to the left because that is the question why is the media so far to is the left? i don't have a good to answer. that would be good for a researcher. . .

>>> president obama has tapped janet napolitano. napolitano also led a delegation to the 2010 winter olympics in canada. >>> two openingly gay athletes are -- billy king will attend the opening ceremony and katelyn will represent the u.s. at the closing ceremony. the move comes at a time when russia has been under fire for national laws banning what they call gay propaganda. >>> time is 4:46. following in the footsteps of bat kid the city of ray vallejo is going to launch a super hero of their own. a group of people in vallejo wanted to surprise her with her own day as a super hero. especially when they found out that the young girl was a big fan of wonder woman. the itinerary for tomorrow's super hero event has not been released yet. >>> this is a time to look back for many long-term giants and 49ers fans. candle stick park is in its final days. the catch from 1982 is one of the historic moments in sports that took place at the stick. the niners will play their final regular season game at that windy and chilly stadium next monday

uc president, janet napolitano will held up the u.s.ympics in russia who will be joining her in the delegation and the message that will be sent to russia about the anti- gay laws. >> reporter: the san jose storeowner who sold the megamillions ticket just arrived at his store. his a media frenzy -- it's a media frenzy. >>> we still have slow traffic on westbound 92 as you head out to the high rides, the san mateo bridge -- high rise, the san mateo bridge. >>> we hit the mega-- we would hit the megajackpot if we could get some rain call -- rain fall. -those other store cards... -...preferred shopper... ...club...things... ...kept sending me coupons for cat food. i'm just not a coupon clipper. i buy what i want to buy. can i get a reward for that? [ brina ] something extra from raley's, bel air, and nob hill. you get something extra rewards... ...for the way i shop... for buying the things i like. instant offers, points balance, right here on my smart phone. [ brina ] join today at raley's dotcom, or at your store. ...it rewards you... fo

we highlighted a congresswoman from california, congresswoman napolitano who is from los angeles. very creative technique that she developed for self-enrichment. she ran for office in 1998 and in the midst of the first campaign, she loaned her own campaign of $150,000 cash. but she thought it would be a good idea to charge her own campaign 18% interest for that loud and she decided i'm going to wait a while. maybe i will wait 20 years before i actually pay that loan off. the end result is that she ended up with several hundreds of thousands of dollars in her pocket and interest payments that her campaign put in her pocket. and if you saw on 60 minutes she was actually confronted by steve about this fact. she informed steve dot she had to make the loan to her own campaign because as a hispanic and a woman she couldn't get a bank to make that loan to her ignoring the fact that they cannot make loans to politicians running for office. if it is illegal according to the federal law. she then went onto explai on tot well, you know, i live in the same house and i still drive the same car

judge napolitano is just warming up. hungry for the best? it's eb.t to give your family the very best in taste, freshness, and nutrition? it's eb. want to give them more vitamins, omega 3s, and less saturated fat? it's eb. eggland's best eggs. eb's. the only eggs that make better taste and better nutrition... easy. eggland's best eggs. better taste. better nutrition. better eggs. it's eb. >> time to check in with grech an carlsson. obama care happy hours? we went to the bars and asked. braking news, will the florida attorney general charge a heisman hopeful in the alleged rape of a fellow student? >> and pastor rick warren talking about faith and fitness and haunting eerie sounds from the new world trade building. so you then. >> all right. >> does the nsa collect any type of data at all on millions or hundreds of millions of americans? >> no, sir. >> it does not? >> not wittingly. there are cases where they could inadvertantly collect but not wittingly. >> a new controversy with the nsa and your cell phone. washington post reports that documents obt

. >> it is the constitutionality of all of this is judge napolitano. it is not a story about gay marriage. this is a story about me staking out territory. the state should regulate gay marriage. but the federal government gets involved under the constitution and say homosexuals can marry at the same level. they can't stop pluralist or anybody else. >> that is a valid stougal raurment and the states do regulate gay marriage. it is lawful in new york and new jersey and texas it is not lawful. the case in utah. it is about cohabitation and not about polegamy. it is illegal in utah and it was not challenged. you can't prosecute only if you go to take a marriage license. if you are common-law which they are. you can have as many spouses. >> if you claim you are married to 14 people and only lawfully married to one it is -- it is part of justice skalia's prediction. nthat's the way it is going to come down. the people who want gay marriage in all 50 states will take it federal. in the netherlands plural marriages are there. and other countries say okay. but

. >>> las deportaciones marcaron cifras rÉcord en el tiempo de janet napolitano, ahora jehjhonson dirigeuanto a inmigraciÓn los retos son los mismo que persiguieron a sus predecesores. los inmigrantes quieren que actÚe de manera mÁs humanitaria. >>> deben entender que estÁn trabajando con padres de familias, trabajadores migrantes que quieren trabajar y tener una vida mejor en el paÍs. >>> alentador para algunos es que jhonson en esta carta al senador de illinois dijo que en el tema migratorio no cree que las cuota de deportaciones sean una buena idea. >>> ojalÁ que eso se refleje en los nÚmeros concretos, no hay 400 mil personas criminales violentas en nuestra comunidad. para que ellos puedan cumplir con eso tienen que criminalizar a la gente. >>> jhonson seria el cuarto secretario de seguridad nacional dijo que evaluarÍa la implementaciÓn de discrecion judicial, deportar a criminales que representan una amenaza a la sociedad, esto Último lo podrÍa poner en conflicto con los agentes del servicio de migraciÓn y aduanas, mejor conocido como ice. >>> hay oficiales que como individuos tiene

time to bring in judge andrew napolitano. first to the judge first. it was a legitimate defense, now we have heard this background he lived in a mansion by himself, a teenager, does that add some legitimacy to that defense? >> it is nonsense. a defense is something that mitigates the liability of the defendant. this kid pleaded guilty so there is no defense. stuart: is mitigates the finding of fault. in a mansion by himself. >> this affluenza stuff, which i haven't heard of before, wasn't used to mitigate the finding of fault, but for the punishment. so it was improperly use because as i understand this affluenza argument for which there is no research for which there is no scientific studies, and for which there is no precedent in american law. he was so accustomed to a rich lifestyle he didn't know right from wrong. if you don't know right from wrong and think you are shooting a sack of potatoes of a human being, he cannot be found guilty of what you are doing but if you plead guilty because you know drunk driving is wrong and you know it can lead t

judge napolitano will join us. y) a fox urgented the white house is about to release a report maybe in the next few minutes commending more -- i should say recommending more than 40 changes in how the national security does business, the nsa. a task force will reportedly call for new limits on the information the nsa collects and how long they hold on to it. the president set up the task force in august after edward snowden released documents revealing the phone and internet surveillance programs. judge andrew napolitano is with us. let's start with the judge's ruling. >> richard leon, appointee of president bush, is the first judge to rule on the constitutionality in the context of the nsa resisting. it's not the nsa going to the judge alone, it's something suing the nsa to stop them from spying. at the end of the lawsuit, the judge said, the spying is unconstitutional. you can't spy on all 380 million cell phones in the united states because you're looking for a half dozen phone calls without identifying the call

judge napolitano is on the case. he's next.ll us why you used priceline express deal to book this fabulous tel. wellou can see if a hotel is pet-friendly before y book it and i got great deal without bidding. and where's yoururry friend? i don't ha a cat. save up to 5 during priceline's holidahotel sale. use promo code"holiday" for amazing savings on express deal hotels. now this sale won't last forever so dash on over to priceline.com. express deals. priceline savings without the bidding. removal of the texas judge in the controversial flu enza case. some are petitioning the governor to have her ousted. a boy was sentenced to treatment after a dui that killed four people. the defense said he suffered from afluenza that refers to an up bringing so privileged the person doesn't know right from wrong. should she be reversed, our fox senior judicial judge andrew napolitano. there is a report that this young man lived in a mansion alone and the mansion was given to him by his father. now, to make the excuse of aflew enza even more

among the delegation the %q=9ñ homeland security,xdxdÑiokcmz napolitano. that's been issued untilfáfá thursday.w3 it's wind. it could increase our fire & to be keyxd to clearing out the air quality. hills above 1,000 feet for the east bay, south bay and north day. let's get to thexd air quality forecast for tomorrow. ai( worst air quality expected across the santa clara valley. we're going ¡y give you the air quality. when it gets better by thursday the gois levels at this point. let's takeq you to the sky-3-áp network outside. and you can see the big thing is not the fact that i]it's cold i the north o3át+yq 37 degrees. but the fact that in the south uy theÑixdxd smog is so thick. 42 at 7:00 a.m.c temperatures in the upper 50s. on that forecast, temperatures going slightly cooler. we'll keep the clouds in+t( pl. also, the smog for a good part of the day.r from san jose toé@xdnbt( palo. for the north bay, eastc bay an trinb valleys. we'll seew3 a warmer spot in sa( rosa. and fremont, 59. and towards the b.tri çóvalley in livermore tot( 60ok int(lp d.

the vikings take the lead as napolitano dumps its off to sage. and then mason randle is picked off and it's gone. corona del mar with its first ever state football title and the first school to finish a perfect 16-0. >> the college football bowl season i upon us inch las vegas, usc quarterback kessler was dealing against fresno state. interim head coach had his trojans ready. first quarter, kessler under pressure but gets the pass off to nelsonning a wig already, who nearly drop it. 14-6sc. nearly a big oops. kessler threw four touchdowns in the first half. lee gets in for his second score of the game. it was 35-6 at intermission. kessler was shut out the second half. didn't matter. allen for the walk-in. usc wins 45-20. finishing a turbulent season 10-4. at the new mexico bowl it appeared washington state was headed to victory against colorado state. cougars qb halladay had six touchdowns. wsu led by 15 in the fourth but the rams rally. grayson finds vader for the lead. after a washington state fumble, colorado state scores again, and then ties

someone who is no longer part of his cabinet, former homeland security janet napolitano. have prominent gay athletes going there to protest russia's anti-gay laws. >> to transition quickly. the president and first lady are meeting with a group of mothers as part of the white house enrollment push, believing that mothers often rule the household and can get their older children to sign up for health care. >> this has been such a big part of the push and it's interesting they are doing this now. you need to get your insurance by december 23rd to be able to have it ready for january 1st. so going to the mothers who can speak to their children and say, hey, son or daughter, time to get your insurance. a lot of opponents have been targeting the mothers and that's why the demographic is so important. >> greatly appreciate it. >> good to see you in person. >> you too. >> we'll talk with chris coops in the central african republic. can the u.s. do more to stop the bloodshed. >>> a bp engineer on trial for destroying evidence in the gulf oil spill. my customers can shop around-- s

on august 18, 2011, secretary napolitano announced that d.h.s. was reviewing all pending and incoming deportation cases to stop proceedings against those illegally aliens who were not d.h.s. priorities. on september 28 of 2011, at a roundtable for amnesty advocates, president obama -- at a roundtable with advocates, admitted that his deportation statistics were misleading. quote -- "the statistics are actually a little deceptive because what we have been doing is apprehending folks at the borders and sending them back. that is counted as a deportation even though they may have only been held for a day or 48 hours." now, that's pretty interesting. so the president is now meeting with amnesty advocates, and he's admitting to them but not to the american people. he told the american people they had an enhanced number of deportations but when he met with the amnesty people to assuage their complaints that too many people were being deported, he said that the numbers weren't correct. i -- you know, we need the president of the united states to look th

but janet napolitano. in addition the delegation includes the u.s.mbassador to russia, a presidential assistant from the white house, a deputy secretary of state and a bevy of former u.s. olympians, figure skater, a speed skater, also two u.s. athletes who are openly gay. tennis star billy jean king and ice hockey olympian kaitlin kayhow. no word on whether the decision to send this particular group, including two openly gay athletes has been -- but the combination of having openly gay people in the delegation and pointedly, not sending any high ranking high profile people from our government, it does seem like a particularly satisfying snub. i don't know exactly if that's how they meant it. but that's sure how it feels. more ahead, please stay with us. [ male announcer ] this is jim, a man who doesn't stand still. but jim has afib, atrial fibrillation -- an irregular heartbeat, not caused by a heart valve problem. that puts jim at a greater risk of stroke. for years, jim's medicine tied him to a monthly trip to the clinic to get his blood tested. bu

the vikings take the lead as napolitano dumps its off to sage. and then mason randle is picked off and it's gone. corona del mar with its first ever state football title and the first school to finish a perfect 16-0. >> the college football bowl season is upon us inch las vegas, usc quarterback kessler was dealing against fresno state. interim head coach had his trojans ready. first quarter, kessler under pressure but gets the pass off to nelsonning a wig already, who nearly drop it. 14-6sc. nearly a big oops. kessler threw four touchdowns in the first half. lee gets in for his second score of the game. it was 35-6 at intermission. kessler was shut out the second half. didn't matter. allen for the walk-in. usc wins 45-20. finishing a turbulent season 10-4. at the new mexico bowl it appeared washington state was headed to victory against colorado state. cougars qb halladay had six touchdowns. wsu led by 15 in the fourth but the rams rally. grayson finds vader for the lead. after a washington state fumble, colorado state scores again, and then ties

but janet nap pal napolitano. in addition the delegation includes the u.s.dor to russia, a presidential assistant from the white house, a deputy secretary of state and a bevy of former u.s. olympians, figure skater, a speed skater, also two u.s. athletes who are openly gay. tennis star billy jean king and ice hockey olympian kaitlin kayhow. no word on whether the decision to send this particular group, including two openly gay athletes has been -- but the combination of having openly gay people in the delegation and pointedly, not sending any high ranking high profile people from our government, it does seem like a particularly satisfying snub. i don't know exactly if that's how they meant it. but that's sure how it feels. more ahead, pleas stay with us. # tmas? i'm thinking the ford fusion... ho, ho, ho!....the what? i need a car that's stylish and fashionable... especially in my line of work. now do you have a little lemonade stand? guys, i'm in fashion! but i also need amazing tech too... like active park assist... it practically parks itself. and what co

she is a congresswoman from los angeles not related to judge andrew napolitano. sorry. go-ahead. >> my question is i heard you in the past talk about the investments congresspeople make based on their policy choices. wondering if there was any development with regards to that, legislation passed through? >> that is a great question. my last book i looked at the fact that politicians were in a position where in effect they could engage in insider trading and you had members of the senate armed services committee who are deciding what the procurement is going to be of the military budget, which weapons systems are being bought and they are free and often do trade stocks in those same defense companies. there was a study done in the journal of quantitative economics if you years ago where they looked at the stock portfolios of u.s. senators and what they found in this academic study was the average american underperforms the stock market with their stock investments, average hedge fund beat the market by 8% year, the average senator beat by 12% year. the question was alway

but janet nap pal napolitano. in addition the delegation includes the u.s.mbassador to russia, a presidential assistant from the white house, a deputy secretary of state and a bevy of former u.s. olympians, figure skater, a speed skater, also two u.s. athletes who are openly gay. tennis star billy jean king and ice hockey olympian kaitlin kayhow. no word on whether the decision to send this particular group, including two openly gay athletes has been -- but the combination of having openly gay people in the delegation and pointedly, not sending any high ranking high profile people from our government, it does seem like a particularly satisfying snub. i don't know exactly if that's how they meant it. but that's sure how it feels. more ahead, please stay with us. the energy in one gallon of gas is also enough to keep your smartphone running for how long? 30 days? 300 days? 3,000 days? the answer is... 3,000 days. because of gasoline's high energy density, your car doesn't have to carry as much fuel compared to other energy sources. take the energy quiz. energy

janet napolitano, the former secretary of homeland security heading the u.s. also sending a message, i suspect of irritationing with russia right now because of the edward snowden asylum he's been granted at least for a year there. some of russia's policies toward syria, other sources of tension between washington and moscow. >> you're absolutely right. this is a very bad relationship. and you're absolutely right about that. they've had a very difficult time. and so much for the restart with russia which was a hallmark of the obama presidency. it has not gone very well at all. there are some areas for instance in the iran deal and all of that where they're having more cooperation, but in general not very much at all. and so this is a time of high tension between both countries and particularly between it seems both leaderships. >> yeah, i agree. what about dennis rodman, his trip to north korea? this week. do you really believe something positive can emerge from that? for example, like bringing kenneth bay, the american missionary held there in prison back to

helped found the aspen homeland security group in a nice washington.n he took me out with janet napolitano. and we started with a group to look at the very issues in aspen. jane, the whole new cyberexplosion, how is that do homeland way you security? >> i think running concurrent to the internet, f which is instantaneous and 100 nic and growing by connections a minute is the global cyberawakening. all of us who are on the internet now are instantly connected to information we need, making the data liquidity now something that is not only but in t and powerful, all of our hands. and this cyberawake ng has three important implications. irst, what we know a lot about the people on the internet, we know a ton about them. people almost entirely as consumers, not as citizens. government interfaced with citizens, principally. number two, the law which is the sed to anticipate familiar and guide us is neither guide nor guardian in this environment. third, governments had not really been in the game in cyberspace largely because the most powerful actors. >> now, what happens is when you're in homel

the delegation will be led by janet napolitano, now head of the uc university systems. not the vice president, the president, the first lady. this just hasn't been done. >> no. as you mentioned, the last time a sitting president, vice president, or first lady didn't go to a summer or winter olympics was sydney back in 2000. the reasoning that the white house gave is even sort of meant, i think, to convey what they really mean, which is they didn't give any details about why the president would be too busy to attend, just that he would be too busy to attend. you point out, i think russia's policies on homosexuality are quite clearly on the president's mind. he's spoken out against them. he said he didn't think the u.s. should boycott over that, but he hoped gay and lesbian athletes would compete and win medals. also, the russian role in the u.n. vote on military intervention in syria and edward snowden providing him temporary asyl asylum, these are three major things in which the u.s. and russia have come into conflict with. i think the u.s. is sending a clear message th

so we called up judge napolitano, our judicial analyst, to talk about how this might move forward in the legal system and he is skeptical. i'll read his quote. it was hills day off. from the judge: this is a here we go again case. the judge says, this is -- this crime is as real also the interpreterred a at mandela's memorial. the feds find a mall content who is dope, fill him with antiamerican hatred, give him a fake bomb and arrest him. they created the fake crime, solve the fake crime and take credit for keeping us safe. they acknowledge airport security was never breached. this is the 18th of these fake crimes since the attack of 9/11. that from jump andrew napolitano. >>> in other news, secretary of health and hum services went to miami today to promote the spanish language version of the affordable care act's web site. hours ago she poke with people about the benefits of signing up for insurance plans. >> a lot of people who do not have affordable monk their work place will now have the kind of consumer protections people are used to in employer-based insurance, where they can'

. >>> janet napolitano will lead the opening ceremony in the winter olympics in russia. also named to the delegation is this woman, tennis great billie jean king, who is openly gay. some say it's a move by the president to show the nation's opposition to russia's anti- "gay propaganda" law. >> it's certainly not as dramatic or an outright rupture in the way that a boycott would be. but i think it's meant to send a very clear-cut signal of u.s. disapproval. >> this will mark the first time in 14 years that no current or former president, vice president or first lady will join the u.s. at the olympics. >>> giving a pet as a christmas gift is often thought to be a bad idea. animal activists have often warned that pets are frequently returned or rejected. but there is a new study from the aspca that finds 86% of people who receive a pet as a gift end up keeping it. some animal rights groups still say don't do it. >>> but if you have a pet you should give them a gift. how about that? >> there you go! >> new ball for fido. yeah, a little catnip for the cats. make them very hap

jay johnson will become the secretary taking over two months after janet napolitano left to become the head of university of california. johnson is a former federal prosecutor and the vote in his favor was pretty overwhelming. 78-16. >>> the family of a missing former fbi agent robert levinson is renewing its calls for a meeting with the head of the fbi. levinson disappeared on a trip to iran in 2007. but new revelations published last week show he was working as a cia contractor. the family says fbi director has repeatedly delayed meeting with them. a law enforcement official telling cnn the bureau is hoping to arrange a sit-down with eleveninson's family soon. >>> the pentagon's top sexual assault prevention officer is stepping down. patton will leave after a 35-year army career. he has been the public face of the army sexual assault prevention programs as congress moved to make changes and how sexual assaults are handled in the military. he is leaving amid rumors -- >>> to ukraine. protesters continue their rally upset at the country's growing ties to russia. key meeting set to take

joining us now is fox news senior judicial analyst judge napolitano. this could have happened instantly without anybody being able to complain. florida is one of those states. >> correct. >> in this state there was an argument to be made and a judge to make a decision. >> in florida it is automatically released whether someone asks for it or not. it's there in a box, go take it, listen to it. >> everything. i worked there for years and that's how it is. >> correct. we know that and many viewers know that from the cases we've kored in florida. connecticut has a freedom of information statute, not unlike the federal statute. the presumption is everything is available. >> uh-huh. >> the law is everything is available. it is the government's burden to state a reason why it should not be made available. i would have had a hard time if i were the judge in that case. my duty is to uphold the law, but what these people are going through now is almost as painful as the hell they went through a year ago. the default position is the public has the right to know h

the new uc president janet napolitano joined the chancellors and the three will discuss reinvestment in higher education. it marks the first joint appearance for all three leaders. >> the bipartisan budget bill is one step closer to becoming law after passing the house last night. the 2-year agreement reduces the deficit by up to $23 billion and reverses some of the automatic spending cuts from earlier this year. now its passage depends on the senate but a power struggle over the president's nominee has forced the senate into a marathon session that will likely occupy them into saturday. >> i can't wave a wand and heal hurt feelings. >> the bill is expected to pass the senate next week but the vote will be closer than it was in the house. >> outrage from twitter users has a san francisco-based company backtracking. for that and the rest of the news before the bell we turn to bertha coombs live at cnbc in new jersey. good morning. >> good morning, terry. first let's look at how the futures are looking. looks like we might have a higher start after stocks have fallen for three straight

ceremony it will be former secretary of homeland security and current president of the uc system janet napolitano also bay area native and olympic gold medal figure skater brian biotano. he won gold in calgary until 1988. >>> sir paul mccartney could be headed back to san francisco as a big farewell to camels. mccartney reportedly told mayor ed lee he wants to performer before it's demolished late next year. park official saz they're trying to work out a date with the former member of the beatles. you'll remember, perhaps, the beatles performed their last concert together at candlestick park back in 1966. the 49ers will play their last regular season game at candlestick on monday, but there are a number of other events on tap at the park through next year. including one you might be interested in. a community day. giving fans a chance to say good-bye. >>> well, the warriors are off today. star seth curry will be busy teaching people about living a happy life. he will talk about the importance of health coverage and also be active. he will also be signing autographs in exchange for a donation of c

president napolitano to represent the united states at the winter sochi winter olympics. billy jean king will join the delegation headed to russia. king is openly gay and a long-term gay rights advocates. groups urged president obama to use the selection to make a point of russia's treatment of gays and lesbians. gold medal figure skater is invited. >> nasa schedule the first of three spacewalks to fix the damaged cooling system on the international space station. astronauts will perform the first spacewalk on saturday and will make repairs to a faulty valve that makes the cooling line unstable with a second spacewalk on monday and 50 third could take place christmas day. the problem is forcing the astronauts to turn off nonessential equipment and suspend science experiments on board. >> brace yourself bay area for wonder girl, a young cancer patient is getting ready to become a super hero for a day. this is a month after batkid saved the city of san francisco from evil villains because of the make-a-wish foundation and now another group is on a mission to make a vallejo

president obama is sending a contingent that includes former homeland security chief janet napolitano and pointedly a number of gay athletes. russia's gay propaganda law there has sparked all kind of outrage at home and across much of the world. and it is pretty clear the president is sending a message to vladimir putin. but ironically here, cnn's phil black did some digging. and he found out that sochi is actually considered a gay haven in russia. and apparently has been for years. watch this tonight as he takes us inside a world into the heart of olympic territory that few outsiders have ever seen. ♪ >> reporter: in russia, this is an extraordinary sight. not the man dressed as a woman pretending to sing, but the mixed crowd of people cheering for him. beneath the wig, makeup and that spectacular costume is a young man named erman. he says sochi has always been more tolerant than other russian cities and famous for its gay culture. during the soviet air remarks when being in a gay relationship was illegal and international travel almost impossible, this sunny city by the black sea b

uc president, janet napolitano, will join administrators from the cal state system and the community college system for a panel discussion before a national gathering of educators. they will look at key dhal challenges of the next decades, keeping higher ed affordable, accessible and relevant. technology and innovation in higher education will also be part of the discussion. >>> this morning, a holiday homecoming months in the making. a baby born four months early is defying the odds and not only thriving but could be home by christmas. abc 7 news reporter john allison reports from lucile packard children's hospital in palo alto where he spoke to the thankful mother. >> reporter: blanca aroscoe almost didn't get kiss her baby's hand or save earth feel of his gentle touch. baby jake, her second child, entered the world when it was least expected, four months early. >> he was supposed to be due december 26th. he was supposed to be a christmas baby. but he was born on august 27th. 24 weeks. >> reporter: jaden was just 1 pound 2 ounces when he was born at a central coast hospital and imm

here to explain is fox news senior judicial analyst, judge andrew napolitano. to follow the constitution, but that's not always their game plan. >> specifically the 4th amendment. >> yes, which says when the government wants information about anybody for any reason, it has to -- and wants to spy on anybody for any reason, had could be -- it could be a bank robber planning a bank robbery or a terrorist planning a terrorist act. the government has to present some evidence about that person to a judge and the judge signs a warrant to spy on the person. what the nsa has done is hey, judge, somebody is having a phone call in area code and they'll give the area code. can you give us a warrant to listen to alt calls in that area code? judges are not supposed to do that but some on the fisa court have. >> the judge said he couldn't find a case -- correct me if i am wrong -- where collecting that information led to keeping us safe. is that right? >> the nsa was unable or chose not to demonstrate to this federal judge that the massive data minings are getting all the pho

a delegation led by uc-berkeley chairwoman janet napolitano will include tennis great billie jean king, ice hockey medalist caitlin cahow and now gold medal figure skater brian boitano, who lives in the bay area. it's being seen as a way to denounce russia's anti-gay propaganda laws. >> one of the things i'm looking forward to is maybe some gay and lesbian athletes bringing home the gold or silver or bronze which i think would go a long way in, uhm, rejecting the kind of attitudes that we're seeing. >> reporter: boitano has always kept his private life private. he is currently in italy but sent out a statement today that includes the announcement that he is gay. quote, first and foremost, i'm an american athlete and i am proud to live in a country that encourages diversity, openness and tolerance. as an athlete, i hope we can remain focused on the olympic spirit which celebrates achievement in sport and by peoples of all nations." so ice skating is now part of a bigger message on diversity that's spinning around the globe. back here at the rink on embarcadero, skating is still just abo

we highlighted a congresswoman from california, congresswoman napolitano who is from los angeles. very creative technique that she developed for self-enrichment. she ran for office in 1998 and in the midst of the first campaign, she loaned her own campaign of $150,000 cash. but she thought it would be a good idea to charge her own campaign 18% interest for that loud and she decided i'm going to wait a while. maybe i will wait 20 years before i actually pay that loan off. the end result is that she ended up with several hundreds of thousands of dollars in her pocket and interest payments that her campaign put in her pocket. and if you saw on 60 minutes she was actually confronted by steve about this fact. she informed steve dot she had to make the loan to her own campaign because as a hispanic and a woman she couldn't get a bank to make that loan to her ignoring the fact that they cannot make loans to politicians running for office. if it is illegal according to the federal law. she then went onto explai on tot well, you know, i live in the same house and i still drive the same car

judge napolitano here next. >> chimps are people too?on't believe why. that story up next with judge napolitano. ♪ before using her new bank of america credit card, which rewards her for responsibly managing her card balance. before receiving $25 toward her balance each quarter for making more than ht on time each month. tracey got the bankamericard better balance rewards credit card, which fits nicely with everything else in life she has to balance. that's the benefit of responsibility. apply online or visit a bank of america near you. waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members can win a free night every day. only at hotels.com >>> some quick headlines for you now. caught on camera, a jeep carrying four thieves crashes into a clothing store in dearborn, michigan. the four men get out and grab expensive jackets before taking off. they are still on the loose. >>> an animal rights group filing an unusua

judge napolitano, i would say you? >> they have an obligation of 18 billion and it does not have the assets or the tax base. but it owes a lot more than a it negotiated with all of its creditors, including the unions. >> if the judge does not rule as he ruled today, then instead of having an orderly bankruptcy where a judge will take obligations and slice and dice and give people their portion of the pie, you have about five or 6000 lawsuits, each that is entitled to a jury trial in a pool of assets and it would be chaos and there wouldn't be enough to pay police or fire or teachers and more so they would leave their property behind. >> don't libertarians argue let the people rule? appointed by the governor to clean up this mess and is there anything that bugs you about that? >> it bugs me when anybody who owes money gets away with paying less than they owe for anyone who is owed money does not get paid back what they owe. those people were promised a pension and announced not one to come through. and the reason it won

. >> joining us now with more, judge andrew napolitano. judge, put it in plain english. what did eric holder's doj do here? >> eric holder's doj sued jp morgan chase because jp morgan chase bought country wide. country wide sold mortgages to investor that's lost money because it has not revealed a full extent of what it's selling. so jp morgan chase says we give up, we give up. how much money do you want from us? we have to get on with our lives and we want $13 million. mr. attorney general are you going to give it to people country wide took money from? oh, no. we're going to give it to us us treasury and treasury of the state. we're going to give it to some consumer lending organizations so they can make loans to low income people. and we're going to give to it some political organizations. jp morgan chase says just get off our backs this is an utter per version of justice for the federal government to extort billions from the second largest bank in the united states and give ate way to the president's political friendand favorite political causes. >> you heard about t

and if they get through other states could follow suchlt judge napolitano is our analyst to explain that. can south carolina decide not to follow a federal law? >> what south carolina is offering to do is instruct employees not to participate in facilitating the law and prohibit public funds on the law. translate? if the president wants obama care in south carolina, the feds will have to pay for it and establish it. can they do that? the worry is yes. remember the original obama care ordered the states to establish and pay for their own exchanges and the supreme court upheld the constitutionality of the obama care, it didn't invalidate and saying that congress is without authority to commander the states and tell them how to enforce law and spend money. so south carolina can to that. >> according to the constitution. they can tell their employees not to accept a federal program? >> no. it cannot stop their employees from seening up for obama care individually as private persons, but it can stop their employees from using government jobs to cooperate with the federal government or to enfo

the judge andrew napolitano on the new bill preventing companies from this committee against customers with bad credit. and no in-flight calls on delta. long time airline man will give us a call, just not from a plane. and you can now take a picture with google glass. with a wink. coming up this hour of "markets now." let's get this started. dagen: how do you feel of the credit checks? connell: we will talk about it in more detail, but it seems they should be allowed to check in. you cannot discriminate for other reasons. let's check things out at the new york stock exchange. nicole: good morning, connell and dagen. good morning, everybody. today is fed day. everybody's waiting to find out what they will or won't tell us this afternoon. a whole panel put together to wait those facts. the dow and s&p are posting gains. the loss of more than one-tenth%. the dow looking good with a gain of one quarter of 1%, s&p 50017.82. exxon and chevron among the leaders. oil stocks doing well. they have been pulling back on the big picture. a lot of people waiting on the fed. connell: the state of the

>> joining us fox news seen i can't remember judicial analyst, judge andrew napolitano.ve been calling for clapper to go for a while. in your estimation, he flat-out lied in front much congress. >> the person we saw is general alexander shall the head of the nsa. the person we're talking about is former general james clammer, the director of national intelligence. he's general alexander's boss. >> you think both should be prosecuted, right? >> certainly general clapper should. he directly lied under oath and did so twice. he did it to a person who knew he was lying and tried to give him an opportunity to get out of it. if there are secrets that you can't reveal and you're under oath, you don't deny that the secrets exist. you don't say no, we're not gathering data on 10 million americans. you simply say senator under the current state of the law i cannot answer that question in this forum. that's the proper lawful honest answer. >> close the door and i'll let you know. >> roger clemons was indicted and prosecuted for lying about the contents of his urine. this guy lied t

and they couldn't keep up with corona delmar, napolitano dumps it off to connor sage.and picked off by bovado, he is gone, corona delmar wraps up a perfect 16 and 0 season, by winning the first ever state title. and following the frustrating loss to the spurs team, the warriors were trying to make amends to the lakers. they took control, andre iguodala playing in just his third game after a hamstring injury. david lee led the warriors with 19, golden gate state opens it up in the third, curry and seth delivers a nice pass. in the fourth quarter, curry sets up bogit again, golden state cruises to a 103-80 victory, and a whole lot of shaking going on, san francisco knocking off number 23 tennessee. and 20 rebounds, the lady bowlings made a light comeback, carter cuts the lead to two, under 30 seconds to play, arrange answers with a basket and the foul, 76-70. stanford men took on michigan in new york, glenn robinson iii with the alley-oop, 13 seconds left, cardinal down by third, the lead down to one after a pair of wolverine free throws, randall with a chance to tie it

and the judge napolitano and the challenges on the impact of the health care law. three key cases and the pressure is building on that. >>> hi, everyone. i am gretchen carlsson. we are waiting to hear the presidential remarks on obama care. and we have a panel on board from karl rove to stshgs u varny. and young people are least familiar with obama care and they are the targeted ones for the act. and another shark attack killing a man fish nothing a yayac. >> we'll see you then. it is not only the website that is drawing criticism but the law itself. >> what does the president need to say to the american people and critics in congress? we'll have margie who is a former consultant and great to have you both here. marjorie, let me start wu. one thing that every american knows about the affordable care act that it has a lousy website that hasn't worked well. what does the president need to say to a skeptical american public? >> it is better late than never. we need to hear about the benefits to the a ca. every consumer is thinking of how is this impacting me? and one

secretary napolitano, before the judiciary committee two years ago, two and a half years ago, i asked was she aware of the i.c.e. officers association morale according to government surveys were virtually the lowest in the entire united states government, and would she meet with them. and she didn't make a commitment to do so. so a year later she comes back before the judiciary committee. and i said have you met with them yet? no. she didn't meet with them. so this is a big problem. the united states secret service, a group that protects the president and provides security, very important agency. the t.s.a., the transportation security administration, airport security people, 21 component parts of that entity, the domestic nuclear detection office, the federal law enforcement training center, the directive for national protection and programs, which includes the office of emergency communications, the national cybersecurity and communications integration center, the stakeholder engagement in cyber infrastructure resilience division, the federal network resilience division and the netw