this is a calamity. >> bret: gitmo stays open. >> it stays open for sure. i think they are going to have to resort to the military commissions. >> yeah, i agree with charles. >> yeah, if not gitmo then somewhere else. i think it's more likely than not that gitmo stays open and we go back to commissions. >> bret: not the end of this story. when the panel returns, we will talk about what looks like a major set back for the president's nuclear arms treaty with russia. in the meantime visit the show notes section of our home page at foxnews.com/"special report" >> it was almost suggested we should hit the pause button, that it is too difficult to do this treaty in a lame duck session. i strongly disagree. this is exactly what the american people expect us to do. to come together and do what is necessary to protect our country. we can and we must go forward now on the new start treaty. >> bret: the stark treaty, the nuke war reduction treaty with russia that was signed with obama and russian president medvedev in april would reduce nuclear are arsenals in both c

obama promised to close gitmo his first year in office. now with republican s republica control of the house, there is little chance congress will approve funding for facility in this country, according to steny hoyer. >> with the given concerns and make-up of the congress, probably won't happen. >> the not guilty trial for embassy bombing in kenya and tanzania where 224 people were killed embolden mr. obama's critics. liz cheney, daughter of the former vice president said it signalled weakness in a time of war. family members of the victims supported civilian trial and the single conspiracy charge he was found guilty of will keep him in prison for 20 years. the president supporters say it's not clear more damning evidence the judge tossed out, entained by the enhanced interrogation would have been allowed in military commission. >> some of the challenges in the courtroom would be the very same challenges before military commission about whether or not certain evidence could be used. >> secretary of state clinton also said the conviction a

a former gitmo detainee is acquitted of 284 counts. and convicted of just one. so should other terror big shots get the same rights as all americans? we'll debate it. >> if you ran for president, could you beat barack obama? >> i believe so. >> sarah palin says she could beat barack obama if she runs for president. but will she? >> there is a little bug inside of me which wants to get the fcc to say to fox, msnbc, off, on, end, goodbye. >> fox news under attack, this time from a u.s. senator and a big vote today on if npr should keep getting government money. we'll tell you what happened. >> caution, you are about to enter the no spin zone, the factor begins right now. ♪ >> laura: hi, everyone, i'm laura ingraham in tonight for bill o'reilly. thanks for watching us. the ghailani terror trial travesty. that's the subject of this evening's talking points memo. yesterday a new york federal court acquitted ahmed ghailani who was at the center of the 1998 african embassy bombings on 284 of 285 terror-related charges. he was found guilty on one count of conspiracy to

let's talk about what happened with the gitmo trial. the first gitmo trial in a civilian court here in new york city yesterday. there were more than 200 counts. 284 against the guy accused of blowing up the embassies, the u.s. embassies in africa back in 1998 so guys, what happened? was he convicted? >> he was. on one count. out of 284, the best the government could do was one conspiracy count. he was charged with 224 counts of capital murder. he's going to walk on that. this morning, the president of the united states, eric holder waking up with a couple of black eyes. let's face it. they had said this wab a trial case and a good case, too, to show that guys like this guy, an al-qaida member who was held in gitmo could be tried in civilian courts. that didn't happen. >> let's get this straight. this is not a question of whether he's guilty or not, it's a question of who is allowed to testify. this guy in 2004 was caught in pakistan, he was brought from his victory of the embassy bombings, loaded the truck and plotted to blow up the emb

i think it's going back to gitmo. we got to have a decision soon. >> steve: okay. there, won his hometown on election day by guess how many votes. three. the las vegas sun reporting 197 people voted in search light, nevada, for him. the senate majority leader actually lost in his hometown in the early vote. but it's a squeaker. reid on top by three. >> brian: in san diego, it's a heart warming homecoming for a sailor. he surprised his five-year-old daughter after school. >> morgan. hi. you miss me? >> brian: wow. he's been in afghanistan for the last 13 months. his twin sons barely walking when he left, now they're running around. he will be home with his wife and kids for holidays, then back to action in february. >> alisyn: okay. that's a wonderful thing. >> steve: now the headlines. >> alisyn: now to our show. it was the biggest night for country sweetheart miranda lambert and blake shelton, the newly engaged couple dominated the cma. >> steve: they're engaged? courtney friel is our correspondent and was there for all the highlights. good morning to you. >> good

now officials in yemen say it was a former gitmo detainee who helped alert intelligence officials thattack was being planned. yemeni officials say information that played a role in launching a frantic search for the two packages was provided by a detainee who had been held by the u.s. at guantanamo about four years. a 35-year-old saudi, released three years ago, and sent to a saudi rehabilitation center like this one, where former terrorists are taught to abandon their old ways. he escaped to yemen and was thought to have joined al qaeda there. the saudi government announced last month he had surrendered and returned. >> he was one of saudi arabia's most wanted individuals, a former gitmo detainee who rejoined al qaeda. his decision to surrender to the saudis was of tremendous significance. >> reporter: now yemeni officials, who are eager to demonstrate their cooperation with the u.s., say he provided useful information about the plot. the white house and cia refused to discuss what role if at all he played in discovering it. investigators say one of the bombs held nearly a pound of pe

he was accused of helping blow up two embassies in africa, the first gitmo detainee to be tried in a civilian court. tonight a jury says he's guilty of one count, innocent on 284 others, including all those deaths. was this a victory of the rule of law or travesty of justice? and who's to blame? the obama administration for trying him in a civilian court or a bush administration which allowed him to be sent to a secret prison where his lawyers say he was tortured. >>> and sarah palin looking for a run at the white house and believes she can beat president barack obama. we'll show you the interview with barbara walters and how she's positioned to top the other republican candidates. >>> and our series on amazing animals continues. the latest scientific research about how apes think and communicate. i met the apes myself. scientists say they can communicate using the english language and somehow i ended up in a costume dressed as a rabbit because i was told that's what the apes wanted. >>> again, this is the first guantanamo bay detainee to be tried in court. the jury found him guilty

shannon: you mentioned detention at gitmo.first promises this president made was that he was going to close it. what does this do for that promise? >> reporter: i think it stands it its head. i think it demonstrates why it was foolish to have made the commitment to begin with. it bee spoke a real ignorance of the process by wish the bush administration created gitmo to begin with, not because it's a desirable situation, but because there simply is no alternative place to house these terrorists without giving them full constitutional rights, or being threats to american citizens. i think the president obviously was carried away during his campaign. he's face-to-face with harsh reality. i think gitmo will never be close until the action ooh aerial tables work there will on the prisoners there. shannon: good to see you. a dozen americans were among hundreds of victims including a father and son, julian and jay bartley are now buried at arlington national cemetery. jay's mom joins us minutes from now. for more analysis on on this

. >>> in the meantime a stunning decision in the case of the first gitmo detainee tried in a civilian court, not guilty in all but one of more than 280 charges. that's a massive setback for the obama administration's strategy to bring suspected terrorists to justice. a jury finding ahmed ghailani not guilty of more than 200 murder, including 12 americans, dating back to the august 199 # bombings in east africa of two u.s. embassies, he was one guilty count short of wag scot-free. good morning, i'm bill hemmer, live in "america's newsroom". we have a packed show. martha: stunning. good morning, i'm martha maccallum. he is the only detainee to be tried in new york after being transferred from gitmo, and now this verdict. so now what? when it comes to where to try this man, 9/11 mastermind khalid shaikh mohammed. bill: good question. david lee miller leads our coverage from the newsroom. first, how did ghailani escape these charges? >> reporter: arguably, bill, it looks like the prosecution lost this case before the trial even got underway. during the jury selection, the judge made a rul

we're in the fox newsroom, outrage growing over the verdict in the first ever civilian trial of a gitmo detainee and the jury convicted ahmed ghailani of one count, out of more than 280 charges against him, in the deadly u.s. embassy attack in africa. >> despite the acquittals, the justice department says it is pleased he'll face up to life in prison, a stiffer sentence than military tribunals, recently, handed down, catherine heritage is joining us from washington and what does the verdict mean for other gitmo cases. >> reporter: jenna, ahmed ghailani is one of the 14 high value detainees held at guantanamo bay and his case was considered by people for and against the commissions, and they want -- one of the easiest cases to prosecute for a couple of reasons, first and foremost his case was based on evidence that was gathered before 9/11, and, it was evidence that was gathered at the blast site in kenya and tanzania after the embassies were hit there and the blast sites were preserved, if you will as traditional crime scenes, and, the fbi, was active at those scenes, gathering evidence

do you get the sense the department is changing its mind and, perhaps, going back to gitmo?tment and, indeed, the administration wouldn't change its mind. and i think the principle reason for that is when we consider here on veterans day when, as general ashcroft did, we thank all our veterans including my dad who was a pacific world war ii veteran, what happened in manhattan and what happened across the river from here in washington at the pentagon were acts of war. and ksm was part of that act of war. he is a combatant. and what he did is far more than, than commit a criminal act. he engaged in warfare against the united states. so it seems that the process by which we adjudicate his responsibility and mete out punishment for that out to be proportional to the wrong that he committed in the context of warfare. jon: george terwilliger, we have a couple more questions for you if you'd be good enough to stay with us through this short break. we'll be right back. jenna? jenna: president obama saying we're going to have to make some tough choices, he's talking about his biparti

mayor guiliani was in gitmo? when did he con vrt? a senior administration official was unable to answer these questions, but he defended the ruling by saying, quote, we were still able to convict him and incaps in-- inca -- inca pass saw tate him. would it have been better if he was convicted on more counts? sure. would it have made a practical difference? no. are you out of your mind? is this mess spanish for commercial goes horribly wrong. >> you are from tkz text and you are not used to anything that ends with a death. but there is no way this is good news, right? >> how about this for a symbol of what kind of news it is. when the verdict was red he rubbed his face and smiled and hugged his lawyer. >> so there is a way it is good news, it is good news for him. >> exactly. >> andrea, despite them trying to spin this verdict they are not happy with it, right? >> no. after his lawyer was hugged he hugged eric holder and then they had this nice courtroom moment. and then obama started crying. >> in your mind that did happen. >> in you

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some of the bombing suspects are being held at gitmo, by the way. was it a miscarriage of justice? >> i think it's important to remember. ghailani himself is not going anywhere. he's looking at 20 years, probably life in prison, so it's not like this guy is walking out the door. however, this is an extremely disappointing verdict for the obama administration, and it's a reminder that when you go to civilian courts to these federal district courts you don't get a guaranteed result. juries are unpredictable and this judge excluded some evidence which happens and there was almost an acquittal here. >> was this a complete mischarge of justice? >> i don't think it was a miss charge of justice, i think what you're seeing is a president and an attorney general that attempted to guide a case, their attempts to delegitimize the military commission's process, and unfortunate live the tables got turned on them and although there was a conviction today, it was only on one count. and unfortunately, because of their decision to not use military commissions, i think what you're beginning to see i

and did it occur to anyone that some at gitmo aren't guilty? that's sack religion. we have to maintain that everyone is 100% guilty because when we weren't looking, we renamed the country saudi arabia. remember, we tried the nazis. some were acquitted. think about that. we were willing to give the nazis fair trials and the world loved and respected us for it. they wanted to be as fair and decent as us. we did that in the face of great evil because that is how mighty and strong we were. are we that strong now? are we that just now? well, we're going to find out soon enough when president obama decides whether he's going to close guantanamo bay and bring those trials here. the crimes were committed in new york. they should be tried in new york. we've got to believe in our system. it is the best justice system in the world and i will defend it as long asç i'm here and i hop you'll join me on that. i'm cenk uygur. you can always find me on the young turks, but also at 3:00 for the rest of november here at msnbc of course. dylan ratigan show is fan

jenna: we're on verdict watch in the first civilian trial of a gitmo detainee.ury's decision could come down anytime. we're live at the court mouth just ahead. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. jon: a fox news alert and new video just in to our desk here of the search in that park in mount vernon, ohio. it's quite a large park, formerly a gravel quarry as you can see, where authorities are looking for evidence in the disappearance of three people, tina herrmann, her 10-year-old son kody, and another friend of the family, stephanie sprang. they are all still missing, this after herrman's and-year-old daughter has been sound -- 13-year-old daughter has been found tied up and gagged in the basement of a home all connected to matthew j. hoffman, the man who has been arrested. the 13-year-old found in the basement of the home where hoffman lived, but no sign of her mother, the other woman and her 10-year-old brother. it is a mystery. polic

if you look at the roster of gitmo, if you will, how many of the detainees would meet that test? it's tough interrogation, coerced to use the kind word. tortured to use the others. and certainly in three cases you have waterboarding. >> well, right. that's the issue. the obama administration had started this process where they were looking at every single person inside guantanamo and who would be eligible for prosecution. they came one a total number of 36 people who would be eligible for prosecution either in federal court or in the military commission. and some of those people, again, were as you say, you know, either subject to torture, to coerced interrogation techniques, however you want to phrase it. that's a real problem. i think the administration had a sense they wanted to go in the direction that would allow them to use evidence that wasn't necessarily coerced even in a trial in which the detainee himself was subjected to torture. this is the perfect example of a case that didn't go their way. >> the civil liberties community has howled at the administration where it sa

shaikh mohammed in civilian court but his plan was dealt a serious setback yesterday when the first gitmo detainee tried in federal court was acquitted on all but 1 of 285 charges relate to the neep98 african embassy bombings. and now republicans say that this verdict failed the test and they're urging the president to abandon civil trials for gitmo terrorists. democrats say the prosecution still won the case, the defendant will do serious time and this was a victory for the rule of law. >>> our top story tonight, the terrorist trial turned political football. >>> plus, remember all that heat the obama administration took for bailing out general motors. how critics derisively called the company government motors. well, today, gm's stock raised as much as $23 billion in what could be the biggest initial public offering in history. so can the president now turn this into a win for himself? and make the case that the revitalized aulto giant is on the verge -- having been on the verge of liquidation actually now has saved hundreds and thousand of jobs. >>> despite her complaints about the mai

. >> reporter: in 2001, 4 other bombing suspects who were not held at gitmo were con victed here.ey re now serving life in prison. >>> two workers at a california mcdonald's areeout of work today after a customer received a receipt with profanity on it. it all happened after the customer asked to have his burger cut in half so hh could share ii with his mother. after receiving his order what he found on his receipt it was shocking. >> this was aaprofessional business. >> he may never go back to the burger king. we didn't mean to say mcdonald's. obviously it was a burger king. to the burger king corporate office which said that the company is currently investigating the incidents? one man's passion for popular t.v. show turns violent after a disappointing perffrmance with dancing with the stars. he was so upset over bristol pay lynn'palin's performance and heú the television. hh pulled a knife and pointtthe it at his wife. he is expected to appear in court today. edition. an alleged prostitution ring busted in an annapolis neighborhood. >> this isscrazy. >> how that investigation u

for now they remain at gitmo. >> couric: bob, stand by, because bob has been following another story related to terrorism. the backlash over those new security measures at the airport. today the t.s.a. announced one change. young children will no longer face full pat-downs but the head of the agency told congress everyone else better get used to the procedures. >> reporter: facing growing anger over probing pat-downs and x-rays, john pistole appealed for cooperation. >> this is for your safety security. work with us. this is a partnership here. >> reporter: but testifying before the senate commerce committee, pistole took a hard line, saying planes face an ongoing threat from hidden explosives, so travelers who refuse both body imaging scans and pat-downs woaptd be allowed to fly. >> do i understand the sensitivity, yes? are you asking am i going to change the policies? no? >> reporter: critics are calling fr a thanksgiving day holiday slow-down urging travelers to refuse the scan and checkpoints with pat-down requests receive privacy advocates calling for the t.s.a. to back off foun

remember he is the first gitmo detainee tried in civilian court. just acquitted on all but one of the 285 counts connected to the 1998 bombings of two u.s. bombings in africa. 224 people died in those attacks, 12 of them americans. ahmed khalfan ghailani was always seen as one of the easiest of the gitmo detainees to prosecute but the outcome of the case has some questioning the decision to try him in civilian court. it is putting new pressure on attorney general eric holder. here now former attorney general michael mukasey who held this job right before eric holder. good to see you today sir. >> good to be here. shannon: i would like to get your reaction to the verdict. >> well, i think it was an unfortunate, certainly less than optimal results. shannon: what do you make of how the attorney general, current, eric holder handled this and said all along that civilian court was the right place for this and many other trials involving terror suspects. >> without getting into particular personalities i think the decision to try ahmed khalfan ghailani i

are highlighting grave flaws friends in ireland demand obama follow through on the promise to close gitmo britain belgium and dozens of others calling on the us to abolish the death penalty for many it's the ultimate hypocrisy how a state with roughly three thousand people on death row lectures the world about humanity it's almost like a case in point mumia abu jamal viewed as america's very own political prisoner the united states the perpetrator of gross human rights violations is using human rights as a political football against its enemies and its enemies are enemies not because they violate human rights necessarily but because the us wants to change the government in their country the country often accusing adversaries like syria iran and north korea of oppressing citizens is now faced with defending domestic practices like indefinite detention for prison conditions and racial profiling don't stand idly by don't be silent when dissidents elsewhere are imprisoned america is home to the world's largest prison population with two point three million. people currently behind bars childr

bay detainee being tried in a civilian court and it's a message to the justice department that these gitmo terrorist cases are going to be hard to prove. he faced charges stemming from the bombings of two u.s. embassies back in '98. 224 people died in all in those attacks. a federal court jury found him guilty of conspiracy to destroy u.s. property. he could spend the rest of his life in prison. but the jury found him not guilty of more serious terrorism charges. >>> now to the u.s. economy. another big step in what's been a big comeback for gm, the company forced into bankruptcy and kept alive really only through that massive government bailout. tonight, gm's long plan stock offering will raise a record amount for an american company, but is this a good deal for taxpayers and investors alike? phil, good evening. >> reporter: good evening. tonight, general motors has priced its stock to start trading tomorrow at $33 a share. as the company makes another big step in its comeback from bankruptcy. it is a historic day for a company that was all but dead last year. for more than a century, gen