>> feinstein: that's correct.'ll pick the time and the place, no question about that. >> cbs money watch update 1307bsered by: >> good evening. the dow opens tomorrow at 89,093, its highest point of the year. federal regulators shut down several banks this weekend, bringing the total to 64 this year. gas fell 7 cents in two weeks to an average of $2 opinion 49 a gallon, and "g-force" won the weekend box office. i'm russ mitchell, cbs news. undefeated professional boxer floyd "money" mayweather has the fastest hands boxing has ever seen. so i've come to this ring to see who's faster... on the internet. i'll be using the 3g at&t laptopconnect card. he won't. so i can browse the web faster, email business plans faster. all on the go. i'm bill kurtis and i'm faster than floyd mayweather. (announcer) switch to the nation's fastest 3g network and get the at&t laptopconnect card for free. it's the chevy open house. and now, with the cash for clunkers program, a great deal gets even better. let us recycle your older vehic

i agree with senator feinstein, the cia should brief the congress. congress should exercise responsible oversight. but to trot out the vice president and say he's the one who's at fault, this unfortunately sounds like a new theme where they still want to blame the bush-cheney administration for the economy and other things that frankly are in the -- squarely within the control of -- >> we are running out of time. i have one other issue i want to discuss with you and along those lines, there's another story in the paper today, senator cornyn, that attorney general holder is leaning towards appointing a criminal prosecutor to investigate whether or not cia personnel tortured detainees after 9/11. >> so there will be a grand jury to detmine whether a person or anyone in this administration should be prosecuted or indicted. this is a terrible trend. i hope the attorney general listened to the president who says we have to look forward, not backward. this is high-risk stuff. if we chill the ability or the willingness of our intelligence operatives or othe

we'll find out from two key members of the committee that will interrogate her, senator dianne feinstein, a senior democrat from california and jon cornyn, republican leader and former texas supreme court justice, then, right now, we continue our series, of the future of the g.o.p., talking with one of the driving stars, virginia congressman eric cantor, the number 2 republican, in the u.s. house, and also, is public support for president obama starting to crash and what does that mean for his ambitious domestic agenda, we'll ask our sunday group if the president's political honeymoon is over and our power player of the week, shows us this front door to the nation's capital. all, right now, on "fox news sunday" tomorrow morning judge sonia sotomayor, faces her judges. members of the senate judiciary committee which will conduct her confirmation hearing. and we are joined by two leading members of the committee, jon cornyn, republican of texas, and dianne feistein, democrat from california, and senators, welcome back to "fox news sunday." >> hello. >> senator cornyn, can judge sotomayor's

feinstein said pa net la ended that 3r5 that and it was never fully operational. >>> nasa had to scrub sunday's liftoff of the space shuttle "endeavour" because of weather concerns. they are due to blast off on a 16-day mission to deliver spare parts to the international space station. nasa will try to launch again later tonight. >>> police in washington are looking for a pet store dog napper. surveillance video caught this woman reaching over the counter, picking up a $500 dachshund puppy and strolling out the doorch door. now, this is the store's second canine theft in under two months. they are stirl looking for this latest puppy bandit. >>> in ohio, five people were hurt following a tornado. at least three mobile homes were

easier time selling ben no son and dianne feinstein to stick with them on these things and mary landrieu the conservative democrat who might be teetering that look, i'm still reaching out to republicans. he may not get their votes but it's a way of reach out to conservative democrats. >> susan. >> i think it's hard to believe democrats are going to defeat the president on a health care bill. he may end up with a stepping stone to bigger reform. >> you expect 60 votes. >> i expect democrats not to be the reason this plane goes down. >> one of the nice things, i'll give you a complete rosy scenario. i think i'm more optimistic than chuck who's at the white house and probably knows more what's going on. my view is this, the president's out there saying the house acted yesterday, they put out the chairman's mark on the three committees. the senator voted the other day and the health committee voted. he's out there saying you've got three weeks, basically a posting period where everybody knows what's in the air. democrats see the high price of this thing in terms of high taxation on the wealt

senator feinstein tried to explore her views on that.where she said the coast guard had the right to have random, warrantless searches on some vessels if it believed there was a national security risk there. i'm wondering, as you listen to senator feinstein and her questions, do you find judge sotomayor, who might be perhaps someone who has two differential a view to the executive branch when it comes to presidential power? >> i wouldn't take just one case. i think that courts should always look at what a executive does and realize that the executive's role in our three branches of government, but i don't think that they have to show overdeference to either of the other two branches of government. their deference has to be only to the law. >> we got to wrap it up, senator leahy. but for our planning purposes, what time are you planning on wrapping up this second day of the hearing? >> i know, i'd love to be able -- i don't

but she will have a very substantial vote. >> senator feinstein, good luck. thanks very much. >> thank you. thank you, wolf. >>> he's just back from observing where things stand in afghanistan. bob woodward will be here in the "situation room" to assess the fight of the taliban and al qaeda. then, the mission to the moon, we're taking a closer look back at the countdown to apollo 11. discover card customers are getting 5% cashback bonus at the pump. now more than ever, it pays to discover. hi, may i help you? yeah, i'm looking for car insurance that isn't going to break the bank. you're in the right place. only progressive gives you the option to name your price. here. a price gun? mm-hmm. so, i tell you what i want to pay. and we build a policy to fit your budget. that's cool. uh... [ gun beeps ] [ laughs ] i feel so empowered. power to the people! ha ha! yeah! the option to name your price -- new and only from progressive. call or click today. %%%%%%%%%%%%%%%% i'm sorry. i can't hear you very well. announcer: does someone you know have troub

dianne feinstein -, is this a tactic or something else?fusing any possibly interesting situations. i must say, i was surprised to hear her say that she had received phone calls, senator feinstein, saying that some people think that the nominee is an activist judge. not a good job -- good sign for the democrats, if that is the case. i thought that it was telling. senator feinstein saying that she was subject to misinformation, such as everybody on the supreme court, including those that were a part of the four disagreed with your handling of the case. she said that three of them said they would have devoted as you. she went on in other cases, like supreme court justice roberts and others acting in such a way where they thought that they were overturning precedent without admitting to doing so. i think that what you are seeing there were democrats on the offensive. i thought that this was so fully scripted, it must have made some impact. megyn: is ricci playing a bigger role than i thought it would? rasmussen came out with a poll this mornin

and senator dianne feinstein with the latest on judge sotomayor's confirmation process and the latest on the cia. >>> good day. the white house wants speaker nancy pelosi to toughen health care proposals in order to cut the cost. this after some house members worked through the night to hammer out new tax increases on the wealthy to help finance the overhaul. it's the big story at the white house today, so let's bring in nbc's mike viqueira. mike, what is the pushback, first, against what the house democrats have done and what the cbo reported yesterday? >> reporter: i've got to tell you, andrea, it is on when it comes to health care policy in this debate. i've just seen some 30, 35 house democrats march down the white house driveway for a meeting with rahm emanuel on the issue of health care. it's not out of the question that we would see the president speak on this issue today. we have seen the house democratic leadership, nancy pelosi, steny hoyer, charlie rangel, the two lieutenants who have worked into the night and into daybreak, 6:00 a.m. on the case of one committee, working o

democratic senator dianne feinstein just said to "fox news sunday" with chris wallace: >> i think youe when you go outside of the law and i think that if the intelligence committees had been briefed they could have watched the program and could have asked for regular ports on the program, and it could have -- could have made judgment about the program if it went wrong and that was not the case because we were kept in the dark and that is something that should never, ever happen again. >> jamie: joining me is this host of "fox news sunday," chris wallace, good morning to you, always good to see you. >> chris: thank you, jamie. same to you. >> jamie: let me start by asking you about the actual program, that is being discussed. and whether or not this is a program that was actually going to be pursued, what were the obligations, to inform, and, do you think ultimately, we could see hearings on this? >> chris: well, we don't know much about the program. because it is highly classified and while we know about the fact that leon panetta on june 23rd learned about the program, and went to br

senator feinstein the chr of the inlligence committee. acss the aisle from them the reaction from republicans been rather more subdued. >> this of course comes onhe heels of the stament unproven by the way of speaker pelo that t cia had lied to her about enhanced introgation techniques, and this looks tme suspicioly like an attempt to provide political cover her and others look, thpresident and the vice president arthe two people who have rponsibilities ultimately foe national security of the country. it is not out of the ordinar for the vice president to be volved in an issue like this. >> buto order it to be kept secret? >> what if is a top-secret program? of course he a the president would bothe responsible for that. let's don't jump to conclusions is what i'm saying >> let's don't jump to conclusions. let's don't, of course. but let's also make re appropriate colusions are drawn he. joining ow is senator sheldon whitehouse from rhode island. it was a big day on the judicily committee today, which we'll talk abo in a moment. thanks ver

nator feinstein the chair of the intelligence committee. across the aisle from them the reacon from republicans has been rather mo subdued. >> thisofourse comes on th heels of the statement unproven by the way of speaker pelosi that the cia hadied toer abt enhanced terrogation techniques, and this looks to me suspiciously like an attempt to provide litical cover to r and hers. ok, the president and thevi president arthe two people who ve responsibilities ultately for the national security of t untry. it is not ou ofhe ordinary for the vice presidento be volved in an issue like this. >> but to orr it to be kept secret? >> wh if it's a top-cret prram? of course he a the president would both be reonble for that. let'don't jump to conclusions is what i'm saying. >> let's don't jump to conclusions. let's don't of course. but let's al make s appropriat conclusio are drawn here. joiningus nows senator whitehou fm rhode island, it was a big day on t judiciary committee committee today wich wel talk about in a moment. thanks very much for joinin us

senator dianne feinstein says current cia director leon panetta told this to congress, that cheney once ordered the cia to withhold information from lawmakers about a secret counterterrorism program. feinstein suggested laws may have been broken, and a democratic clolleague says the report is troubling. >> if, as "the new york times" says, we have the vice president of the united states telling people to break the law, now, that's a pretty serious matter. either he did or he didn't. if he did, that's something we ought to know because i've been here for six administrations. usually if something is done wrong by one and it's exposed, the next one tends to behave themselves. >> republican senators cast doubts on the claims against cheney. he pointed to a recent dustup involving the speaker of the house. >> it comes on the heels of a statement unproven by speaker pelosi that the cia had lied to her about enhanced interrogation techniques, and this looks to me suspiciously like an attempt to provide political cover to her and others. >> well, the report about former vice president cheney fi

. >> reporter: for her part california democrat dianne feinstein contended sotomayor's presence on the court would only make it better. >> i do not believe that supreme court justices are merely umpires calling balls and strikes. rather, i believe that they make the decisions of individuals who bring to the court their own experiences and philosophies. judge sotomayor, i believe you are a warm and intelligent woman. i believe you are well studied and experienced in the law. with some 17 years of federal court experience. involving 3,000 appeals and 400...450 trial cases. so i believe you, too, will bring your experiences and philosophy to this highest court. and i believe that will do only one thing, and that is strengthen this high institution of our great country. >> reporter: the hearing was interrupted several times by anti-abortion protesters who were quickly removed by capital police. >> the police will remove that man. >> reporter: and despite the opposition by some to sotomayor's nomination, south carolina republican lindsey graham told the judge her chances looked pretty good.

feinstein suggested laws may have been broken, and a democratic colleague says the report is troubling. >> if, as "the new york times" says, we have the vice president of the united states telling people to break the law, now, that's a pretty serious matter. either he did or he didn't. if he did, that's something we ought to know because i've been here for six administrations. usually if something is done wrong by one and it's exposed, the next one tends to behave themselves. >> republican senators cast doubts on the claims against cheney. he pointed to a recent dustup involving the speaker of the house. >> it comes on the heels of a statement unproven by speaker pelosi that the cia had lied to her about enhanced interrogation techniques, and this looks to me suspiciously like an attempt to provide political cover to her and others. >> well, the report about former vice president cheney first appeared in "the new york times." cnn has been unable to reach cheney for a comment. >>> here to discuss some of the hot topics on capitol hill are lynn sweet, "chicago sun times." washington bure

you see him with his back to the cameras, talking to dianne feinstein. she's the chair of the senate intelligence committee and has her hands full over there. you're going to be sitting down, probably right now, but they're waiting for sonia sotomayor to walk in. now, she has walked in and is standing near lindsey graham, spoking to jon kyl. she's hobbling a little bit. she has a cast on her ankle which she fractured only a week after president obama nominated her. when she sits down, you'll see she has a little -- you won't see it because the desk is draped, but she has a little stool in there so she c can elevate her ankle. she's saying hi to her mom. other family members and friends. they've been very supportive. sitting there behind her and basking in the pride. maria, this is a source of great pride to a lot of latino, hispanics out there. >> absolutely. it's been very polite inside the room, but one thing our viewers may not know, all the waves, broadcast waves, there are ads running, accusing her of supporting puerto rico terrorists. it may not be

we just heard from dianne feinstein.eral more republicans and democrats getting ready to deliver their opening statement. and then at the end of that, we'll hear from sonia sotomayor herself. our coverage continues right after this. imodium multi-symptom relief p) combines two powerful medicines for fast relief of your diarrhea symptoms, so you can get back out there. imodium. get back out there. are enjoying the new palm pre with its revolutionary web os. they're running multiple live applications at the same time. - ( thunder and rain ) - 3 million are using the simply everything plan. each is saving $1200 - over an at&t iphone plan. - ( cash register dings ) together that's over $3 billion. - enough to open a dunkin' donuts in space. - ( walkie-talkie sounds ) from america's most dependable 3g network. bringing you the first and only wireless 4g network. get the palm pre from sprint. only on the now network. deaf, hard of hearing and people with speech disabilities access www.sprintrelay.com. mr. evans? this is janice

senator feinstein and myself. so i think it' worth remembering that when justice o'connor graduated from law school, t only offers s get from law firms were for secretary ositions. she saw her accomishments redud to one question. can she type. justiceginsburg was only onef ni women in class. one professor demanded she justify why she dese vd a se that culd have gone to a man. both persevered and prevaile their merritts triumphedver those who soht to deny them opportunies. the woman helpe blaze a trail and although ur record stands on its own, you also st on thr shoulders. another woman with an opportunity to be a justice r all of us. and as justice ginsburg recent comments regardg the strip search of a13-year-old gil, being a justice for all of us may mean bnging some real world experience . as weonsider your nomination, we know that y are more than the sum of your experiences, still, you bri one of the most wide-rging resumes. civillitigator, trial judge, apllate judge. straight out of law school, u worked as a p

sean: unfortunately for senator feinstein her argument is absolutely baseless.ber one, intelligence sources say that the program was never fully operational. therefore there was nothing to brief congress on. and oh, number two, "the new york times" reported extensive details about the so called secret program way back in december of 2002. so maybe, senator feinstein, should start reading the newspaper like the rest of us. i learn a lot of things watching robert gibbs' press conferences, but perhaps the most interesting was that the master of spin might be quite the trekkie, so much so that he is beginning to resemble one of "star trek"'s main characters, dr. leonard bones mccoy. >> bones. did you ever hear of a doom's day machine? >> no, i'm a doctor, not a mechanic. >> i'm glad i'm not a public health spokesman. >> i'm a doctor, not a coal minor. >> i'm not a -- i said earlier i'm not a contracts lawyer and i happen not to be a constitutional lawyer, mostly because i'm not a lawyer at all. >> look, i'm a doctor, not an escalator. spock, give me a hand. >> i'm n

one of those democrats, senate intelligence committee dianne feinstein says the administration broke the law. >> well, it is pretty clear that the law provides that the congress should be briefed before any sensitive operation and that is usually the case. we were not briefed here and people can dedeuce for themselves whether the law was broken or not. >> republicans accusing democrats of putting politics ahead of national security. one republican, senator john cornyn of texas, said senator feinstein's assertion looks like an effort to provide what he called political cover for house speaker nancy pelosi. speaker pelosi accused the cia of lying about waterboarding, an accusation the cia has denied. joining me now for more on the cia controversy and judge sotomayor's confirmation hearing are senior legal analyst jeffrey toobin, the author of the book "inside the supreme court." let's turn to the cia controversy with all the experience that proceeds from the nixon administration, the church commission, what is driving here the possibility of an investigation? >> well, one thing that ha

feinstein said pa net la ended that 3r5 that and it was never fully operational. >>> nasa had to scrub sunday's liftoff of the space shuttle "endeavour" because of weather concerns. they are due to blast off on a 16-day mission to deliver spare parts to the international space station. nasa will try to launch again later tonight. >>> police in washington are looking for a pet store dog napper. surveillance video caught this woman reaching over the counter, picking up a $500 dachshund puppy and strolling out the doorch door. now, this is the store's second canine theft in under two months. they are stirl looking for this latest puppy bandit. >>> in ohio, five people were hurt following a tornado. at least three mobile homes were flattened by this twister. fallen trees damaged other homes and closed roads there. no word on the condition of the people people hospitalized by that storm. >>> swarms of lady bugs have taken over a small town in colorado. take a look at this video. all the trees and the buildings look like they're covered in red. some look like red bark, in fact. locals don't

let'talk about some of the things that you said in your opening statemen you remarked,as did sator feinstein, that you d not believe that this court,he roberts court, well, she said it a ttle bit more indirect. specific about it, that it has been an umpire, a neutral umpire. this reference to the way justice roberts in his own nfirmation hearin described hielf. why do you think t roberts court has notbeen neutral? >> i think theoberts court ha not been neutral because it does t desire to be neutra for a considerable period of time,he republican party has made it agoal to populate the juciary committee with t right-wing jges in order to effect the way the trend of the judiciy was goi. they've been qte success inform that regard,nd thathe judges they wanted are in ple, they've been doinging what is expected. it was a purposeful effort to mo theudiciary rightward at would signal quite plaiy by the rublicans over many, many years. there's not much mystery tit. they're dg what they told us they would do. >> this is what senator jeff ssions, the ranking member on the republican side, said just eat

you discussed with senator feinstein the third category.n said, the president's power is at its lowest ebb because congress has prohibited some action. i take the point of careful scholars that argue that hypothetically speaking, congress could conceivably pass a law that's plainly unconstitutional. if congress passed a law that said somebody other than a president would be the commander in chief of a particular armed conflict and not subject to presidential direction, presumably that would be out of bounds. but setting aside such abstract hypotheticals, as far as i'm aware, i'm pretty sure this is accurate, supreme court has never relied on the framework to conclude that the president may violate a clear statutory prohibition. the court rejected president truman's plan to seize the steel mills. is that your understanding of the supreme court precedent in this area? >> i have had had a sufficient number of cases in that area to say that i can remember every supreme court decision on a question related to this topic. as you know, in the youn

isn't there a possibility that some people like feinstein in california will be off and he won't get the 60 he needs, even if he hold the democrats. he won't hold the democrats together so he needs the republicans. >> failure is not an option in their minds meaning they will pass something that they will call major health care reform and then they're going to have to sell this to the american public to let -- to prove to them that this is major reform. that's going to be, i think, the harder thing than what they're doing now. getting this legislation passed isn't easy. trying to do what they're doing and having negotiations back and forth won't be easy. convincing the public that this reform is coming which may take four or five years down the road, they think they're having a hard time convincing the public to hang tight on the package that's a two-year package, wait till they have a four-year, five-year health care reform plan to have to sell to say be patient. that said, we're talking about how are they going to do this with just democratic votes with, some republican votes. right

. >> any way they will lose dianne feinstein?>> she's worried about the fas cal chaos in california. >> that's a tough no vote. >> if she does she will get ned lamonted and they will get primaried the next time she's up. >> she's enormously popular. thank you, chuck todd. >> not in the -- >> not -- >> i would question that. j >> well, thank you. in my base. i'm allowed to play favorites. i love dianne feinstein. >>> up next, sarah palin's resignation as governor of alaska may not have hurt her chance of becoming president, but new polls show it hasn't exactly helped either. very positive numbers for sarah palin. back in a minute. access to favorite courses chef's meal with pommes frites perhaps a night at the theater with extra special seats additional hotel night, our treat your world in perfect harmony: priceless look for world on your mastercard to get rewards and offers that matter to you. >>> coming up, will the testimony today by frank ricci, the firefighter denied a promotion, change any votes in this confirmation hearing

. >> senator feinstein. >> thank you very much, mr. chairman. good morning, judge sotomayor. i want to congratulate you on your nomination. i want to start out with a couple personal words. your nomination, i view it with a great sense of personal pride. you are indeed a very special woman. you have overcome adversity and disadvantage, grow in strength and determination, and you have achieved respect and admiration for what has been a brilliant legal and judicial career. if confirmed, and you will join the supreme court with more federal judicial experience than any justice in the past 100 years. you bring with you 29 and a half years of very legal experience to a court. by this standard, you are well qualified. in your 11 years as a federal appellate court judge, you have participated in 3000 appeals, offering roughly 400 published opinions. in your six years on the district court, you were the trial judge in approximately 450 cases. for 4.5 years to prosecute crimes as an assistant district attorney in new york city, spending eight years litigating business cases at a new y

i love dianne feinstein.not have hurt her chances to be president. but it hasn't helped either. we have the numbers. busy lifestyles can make it hard to get enough fiber and key nutrients in your diet. be proactive about your health with... this great-tasting chewable fiber supplement harnesses the goodness of real fruits and vegetables to provide you both natural fiber and protective antioxidants. its special blend of antioxidant vitamins c, e and beta carotene help support your long-term health and vitality. feel your best every day, even when you're on the go. try fiberchoice plus antioxidants. brand power. helping you buy better. ♪ finally lovers know no shame ♪ ♪ watching in slow motion ♪ as you turn to me and say ♪ take my breath away (announcer) ge locomotives. customers love them almost as much as we love making them. ♪ my love (announcer) innovation today for america's tomorrow. >>> time for the politics fix with michael sperkonich. joan walsh, editor in chief of salon.com. we have the latest poll. g

house was involved in trashing her opponents and accessing a public show praise, we had planned feinstein earlier in our same figure of the greats supreme court justice. how do she now so mayor hasn'tr said anything in hearings and mac to be fair, bill is making the point that alito ando roberts, a lot of people think we did get a sense of how they w will rule. in theory they're not supposed to tell us how they will rule but this is a political process and people want to know where she stands on the road the way. after is a great question about 21st century technology and she didn't answer but neither did alito and roberts. >> she talked about cameras in i the courtroom and internet regulation, and i think even terry mason. >> nunchucks.liv manhunt comes to the media, i issue one who is likely to try to regulate you get the great ticket.n't >> a topic without much of a sense of where she's going to come on any issue, which is why she was such a perfect, perfect witness. if you can't pin her down, you can't hold their feet to the fire. republicans, we don't have some sympathy. they were in

. >> it does seem the public show of praise, dianne feinstein, i think you're going to be a great supreme court justice, how does she know when she hasn't said anything in the hearings? >> to be fair, alito and roberts, we didn't get a sense of how they are going to rule. but this is a political process and people want to know where she stands on roe versus wade. i thought coburn asked a great question but neither did alito nor roberts. >> internet regulation and kearmsz in the courtroom, perry mason, when it comes to the media, is she one who is likely to try to regulate media delivery? >> i don't think we got much of a sense where she is going to come out. issue why she was such a perfect witness. you can't pin her down. you can't hold her feet to the fire. you have to have some sympathy, they were in a terrible position. if you really sock it to her you're going to alienate people. >> she is also one of the most experienced in being nominated. patted buchanan she was an affirmative action higher. >> he has been on the federal bench for a long time. >> we would like your help. story ide

senator feinstein just suggested these momentous decisions were not simply the result of an umpire calling balls and strikes. easy cases where the law is clear almost never make it to the supreme court. great constitutional issues that the supreme court is called upon to decide require much more than the mechanical application of universally accepted legal principles. that is why justices need great legal expertise. they also need wisdom, judgment, understanding of the impact of their decision before them and the country around them from new york city to small towns like boehner, wisconsin. they need a deeper appreciation of liberty and democracy. that is why i suggest to everyone watching today, that they be a little weary of a phrase that they are hearing at this hearing. judicial activism. that term really seems to gloss all usefulness, particularly since so many ruins of the conservative rule emerge -- and insert a majority can be fairly described as activist in their willingness to override the intent of congress. at this point, perhaps we should all except that the best definition of

secret intelligence program secret from congress, according to senate intelligence chairwoman dianne feinstein. she says current cia director leon panetta informed intelligence committees about it in late june. >> he was told that the vice president ordered that the program not be briefed to the congress. we were kept in the dark. that's something that should never, ever happen again. >> to have a massive program that is concealed from the leaders in congress is not only inappropriate, it could be illegal. >> reporter: the counterterrorism program was established as the cia ramped up its hunt for osama bin laden. no one has revealed details, but a u.s. official familiar with the project told cbs news it was never fully operational. the firblds said cia director panetta cancelled it when he found it hadn't been reported to congress. his decision to kill it was not difficult or controversial, officials said. it was on again, off again. this was not a capability on which our country relied, and no one called the program illegal. but the cia could still face tough questioning on another front. att

dianne feinstein is not a liberal one worlder. she is tough-minded and was totally excluded. how many times do you break the law and break the public trust and destroy confidence in your government? >> at what point do you have to tell them? >> it says you have to inform on significant operations. this was not operational, it didn't even exist, it was an idea. >> the decision was made by the vice president of the united states. the report went, approving this, from john yu from the justice departmenty his superiors and the white house directly to the vice president's saying don't inform congress. that series. >> there wasn't a program, operations, only an idea. >> >> the eagle has landed. >> neil armstrong climbed down the ladder of boehner module and became the first human being industry to set for it -- put on the moon. >> one small step for man, one giant leap for mankind. you get a flag up. you can see the stars and stripes. beautiful, just beautiful. >> i -- that was 40 years ago. if you want to read a good column about the challenges of space exploration read it charles

dianne feinstein is not a liberal one world, she is tough- minded, and she was totally excluded. how many times do you break the law and the public trust and destroy confidence in your government? and at what point do you have to tell them? -- >> at what point do have to tell them? >> the law says you have to inform on significant operations. this was not operational. it did not even exist. it was an idea. >> the decision was made and the vice president of the united states, the report went, proving this, from ,yu at the justice department directed to the white house that said don't inform the congress but that serious. >> there wasn't a program, operations, it was only an idea. >> the moon landing revisited. >> the eagle has landed. >> neil armstrong climbed down the ladder of them lunar module and became the first human being in history to set foot on the moon. but that's one small step for man, one giant leap for mankind. you can see the stars and stripes. beautiful, just beautiful. >> that was 40 years ago. if you want to hear a good column about the challenges of space explo

and here is what dianne feinstein tells fox. >> i think if the intelligence committees could have been briefed, they could have watched for the program and asked for regular program and made judgments about the program if it went along. that was not the case because we were kept in the dark. >> reporter: c.i.a. director leon pen eta found out about the program on june 23rd and killed it on june 24th and kill informed cong -- informed congress that day. some c.i.a. say it never got to the fully operational stage. so there wasn't a need to tell congress. part of the worry seems to be the more people who know about it, the bigger chance of a leak. some republicans point to the timing of the report. >> this comes to a statement unproven of speaking pelosi that the c.i.a. had lied to her about interrogation techniques and this looks like it's providing coverage by her. >> reporter: lawmakers say they were kept in the dark. caroline shively, fox news. >>> sonia sotomayor will appear before the judicial committee tomorrow. the prident complimented her by making calls to 89 senators and is con

senator feinstein, senator feingold, senator durbin tried very hard. but she is going to be take it that these are issues that are going to come before the supreme court, so she won't comment. >> judy: by the way we are in a breach recess that the committee is taking. and judge sotomayor has not yet come back into the room but some of the members of the committee have. this reminds me that senator ted kaufmann who is filling out the remainder of the term of vice-presidented byine, delaware, he was many yearsed bien -- in year's biden's chief of staff. and he asked her who her corporate clients were and that is a piece of her life we haven't heard much. >> that goes back to one of the questions why there seems to b little interest about corporations and the constitution. and he's very interested in financial regulation because of the economic crisis and why he was interested. >> welcome back, judge. >> judy: we are back to the hearing. >> and go to senator feingold and you are recognized for up to 20 minutes. i keep adding the "up to" and hoping that so

i yield to senator feinstein and 15 minutes and hope that she would yield back the sizable portion of it. >> and i told you i will do the best i can. thank you mr. president. obviously our right to speak in opposition to this amendment. if passed this amendment would require states like mine california to allow people with a concealed weapon permits from other states to carry a concealed gun or guns even if they fail to meet california's stringent requirements for obtaining a permit to. with her in the center of south dakota said that 5 million people across this nation have speed and permits, we counted 25 and came to 4 million but let's say four or 5 million do hold a week concealed weapons purvis in the u.s. so this is no minor shift in policy. it, in fact, would be a sweeping change and i think with some family consequences. i believe this is a grave threat to public safety. i do not believe enhances public safety and i believe it is completely undermines the right to state government to protect public safety. this amendment essentially over trans this tennis and regulations that

chairman. >> thank you senator feinstein and senator grassley. >> thank you very much. congratulations on your nomination to be associate justice and welcome to the judiciary committee, and a warm welcome to you and your family and friends. they are all very proud of you and rightly so. you have a distinguished legal and judicial record. no doubt it is one that we would expect that any individual nominated to the supreme court. you made your start from very humble beginnings. you overcame substantial obstacles then went on to excel at some of the nation's top schools. you became an assistant district attorney and successful private practice attorney in new york city. you have been on the federal branch as the district court of appellate court judge since 1992. these are all very impressive legal accomplishments, which certainly qualify you to be on the supreme court. however, and oppressively go record and superior intellect and not the only criteria that we on this committee have to consider. to be truly qualified the nominee must understand the proper role of a judge

senator feinstein is thinking about legislation. there is a lot of activity. >> what are some of the privacy concerns with these bills? >> the most important is that one of the best ways to defend against cyber attacks is something called deepak inspection. it means looking inside the message traffic -- it is called deep packet inspection. the way to think about it is, think of a letter coming to you in an envelope. i want to open the envelope and read the letter to see if there is malicious code in it. that makes people nervous, and they should be nervous after the experience of the last seven years. >> what should be done to address it? >> we do not recognize that technology has changed. most of our laws are written in the '80s we still had dial phones and copper wires. they are out of date. there is a difference now between reading a message for content and reading it just for malicious code. the way to think about it is to go back to the letter example. suppose i do not speak or read german. suppose i opened the envelope and the

senator feinstein is thinking about legislation. >> host: what are some of the privacy concerns with these bills? >> guest: two sets of concerns. the most important is one of the best way to defend against cyberattack is something called deepak inspection. deepak inspection means looking inside the message traffic to see if there is malicious code and what people say, the way to think about it is suppose, and this is how the laws are written unfortunately, think of a letter coming to you an envelope and i'm going to open the envelope and read the letter to see if there is a malicious code for gilded of course makes people nervous than they should be nervous after the experience of the last seven years. >> guest: what you think should be done to address that? >> guest: what we don't recognize this technology has changed. most of our laws or read in the '80s when you still have-- their audit date. you can have a difference now between reading a message for content and reading it just for malicious code and the way to think about it, to go back to the letter, suppose i don't read german

senator feinstein is thinking about legislation, a lot of activity on the hill. >> host: what are some of the privacy concerns with these bills? >> guest: two sets of privacy concerns. the most important is that one of the best ways to defend against cyber attack is something called deep packet inspection. and deep packet inspection means looking inside the message traffic to see if there's malicious code. and the way to think about it is suppose you -- and this is how a lot of our laws were written, unfortunately. think of a letter coming to you in an envelope, right? and i want to open it and read the letter to see if there's malicious code, right? that, of course, makes people nervous, and they should be nervous after the experience of the last seven years. >> host: what do you think should be done to address it though? >> guest: what we don't recognize is technology has changed. most of our laws were written in the '80s. they're outdated. you can have a difference now between reading a message for content and reading it just for malicious code, and a way to think about it to go bac

the intelligence chairman dianne feinstein said former vice president dick cheney told the cia not tonotify congress of this secret program. the counterterror program was ordered by president obama after 9/11 to go after al qaeda operatives. according to reports it was never fully operational. still feinstein and republican members of the intelligence committee says the law requires congress to be told even if covert operations are just in the planning strages. eric holder is planning to hire a special practice to investigate former cia interrogators who may have violated the guidelines. even though that kind of investigation is the kind of distraction that president obama has been opening to avoid. >> there's also word this morning that north korean leader may be gravely ill. what can you tell us about that? >> u.s. officials know that kim jong-il suffered a series of strokes but south korea is reporting that he's suffering from pancreatic cancer. pyongyang signaled that the passed power to his younger son but believe the power may be held by the military as this transition plays out

you already discussed this at some length with senator feinstein, in the youngstone case and i and others on the committee are deeply concerned about the very broad assertion of executive power that's been made in recent years and interpretation that is been used to authorize the violation of clear statutory prohibitions from the foreign intelligence surveillance act to the anti-torture statute. you discussed with senator feinstein the third category, the lowest ebb category in the youngstone framework. that's where as justice jackson said, the president's power's at its lowest ebb because congress has, as you well explained it, specifically prohibited some action. i take the point of careful scholars who argue that hypothetically speaking, congress could conceivably pass a law that is plainly unconstitutional, for example, if congress passed a law that said that somebody other than the president would be the commander in chief of a particular armed conflict and not subject to presidential direction, presumably that would be out of bounds. but setting aside such abstract hypotheticals, as

senator dianne feinstein revealed those details on "fox news sunday." >>> anderson, next time you stub your toe or slam your finger, don't censor your reaction. a new study finds a four letter word or two can make you feel better. researchers in england asked students to put their hand in a tub of ice water for as long as possible. the subjects who swore tolerated the painful cold longer. i don't know about you but i know a few people that could come in handy for. >>> breaking arrests in the murder of a florida couple. who did it and why. >>> a possible cuffle deal in the works of katherine jackson and the biological mother of michael's kids. >>> breaking news in a fast-moving murder investigation. another arrest was announced a short time ago. police believe as many as eight people were involved in the murder of a couple known for adopting kids with special needs. david mattingly joins me from the sheriff's office. what do we know about the investigation? >> reporter: anderson, gary lamont sumner jr. is the late toast be arrested. he was arrested after a routine traffic stop. the late