stoddard was interested in the contents of my file.on't know what he was doing. >> after a few moments of reading, stoddard motions for another officer to come over. as she continues her statement, the defendant who is being sentenced for assaulting another inmate notices the activity behind him but doesn't say anything. then, stoddard removes the document from the file and examines it. a potentially serious breach of attorney-client privilege. he instructs the other officer to go and make a copy of it. as that officer leaves, she turns around but is unaware of what they are doing with the document. >> i think he did give me like the, it's okay look, and i probably turned back. >> she resumes speaking to the judge who does not seem to see the officers taking the document either. but lozano finally brings the matter to the court's attention. >> i was shocked and surprised. i had to protect my client's rights and that's first and foremost what i had to do, so that was my focus. >> she requests a sidebar to express her concern to the judg

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ab stoddard with "the hill." charlie hirt with the "washington times."eather: local reporters say two were killed and one was the hostage-taker. we're following all of the developments lifelive out of australia with this ending an hour and 15 minutes ago. sydney australia. we'll be right back. the i'm an idaho potato farmer and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about america's favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal. heather: fox news alert to bring you right now on the hostage siege that just ended in sydney, australia. hostage teams storm ad cafe where a self-declared islamic sheikh were holding hostages. there are reports that two people died in that standoff. joining me by phone in sydney, australia, is stuart cohen. can you confirm if some of the people inside h

stoddard and jonah goldberg. jon: a frightening attack on a train. why a suspect told police he stabbed four people on amtrak's blue water line out of chicago. >>> plus, jurors questioned by the judge in montana's stand your ground murder trial, and we want to hear from you. do you believe jonathan tbriewber's remarks -- gruber's remarks could help topple the health care law? our live chat is up and running, just visit foxnews.com/happeningnow, click on america's asking to join the conversation. look, credit karma-- are you talking to websites again? this website says "free credit scores." oh, credit karma! yeah it's actually free. look, you don't have to put in your credit card information. whew! credit karma. really. free. hello... i'm an idaho potato farmer and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about america's favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women

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amy stoddard and charles krauthammer. vice president? >> vice president.i thought it was very impressive, forthright, it was borderline jack nicholson saying, you're damned right i ordered the code red, totally unapologetic. and they make a very powerful case. i am not sure that some lawyers at doj say it's not torture that means it's not torture. lawyers are known to torture the language and some of the abuses in here do strike me as torture. but my hunch is that the vast majority of the american people will come down basically on dick cheney's side on this. >> i think he points out the fact that we have shifted from capture and interrogation to drones without human intelligence and calls into question how we're going to continue on in this war without it. and just like the contract was talking about, what that means when you have a collateral loss of life anyway. is torturing a terrorist worse than killing an innocent? at the same time, i think there are a lot of people unlike dick cheney. there are a lot of law mimakers capitol hill do believe this was

stoddard and lisa boothe, senior director for the black rock group, a private consulting firm. conservatives fairly quiet, is this a done deal or is there going to be a conservative backlash and perhaps obstacle to get things done? >> well, this is not a done deal until it's done, you know how interesting things get at final hours before people are rushing off for the holidays. right now, there is some brewing rebellion on the democratic side, i don't know if they're going to get enough democratic votes to offset the loss of dozens of house conservatives on the house side. senate conservatives remain quiet as of this hour week don't know what they're going to say tomorrow or the next day. you know they're unhappy. some of them have been quoted like senator cruz and others saying this is really not the time to relent, that if you agree to fund the government and to basically, in essence, fund, allow presidents executive order on immigration to stand, and you don't fight it now. that they'll only lose leverage between now and when new congress is sworn in january when the new lea

stoddard, good to see you., it is very important for any discussion to be factual that these are two very different cases. >> i think absolutely. they are in the minds of -- just casual observers across the country. you have in one case where a guy that had broken the law got into a scuffle with the police and wound up dead. that's tragic but there are a lot of other tragedies associated with that as well. in the other case, in new york city, you have a case where a guy was basically soclearly had history with police and absolutely -- it is hard to say that he played any role whatsoever in his own demise. he was an innocent guy and doing something that obviously maybe he shouldn't have been doing but i mean, my goodness, to wind up dead because you're not paying your taxes on selling loose cigarettes is pretty staggering. >> do you worry when the two are lumped together you lose important parts of the conversation that we need to be having? >> i think what lumps the two together are the grand jury decisions, no

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