no one is held at gitmo until they pass through an independent judiciariry.y should be tried in a military court. those who attacked us on 9/11 is not a common crime. i think they're war criminals. >> greta: why would the president want to detain them in the territory of the united states? there was a prison in illinois that was discussed. if they're going to be detained, does it make a difference where we detain them? >> i think these are not common criminals. i think they're high value terrorist targets and keeping them away from population centers is smart. >> greta: why would he not want that? i can't get the downside of it. >> gitmo has created an image problem for us because there was some pieces there earlier on. the prison has been cleaned up, it's well run. the problem i have with the president is in closing guantanamo bay, i want a legal regime that understands these are not common criminals but war criminals and they represent a military threat. i've been a military lawyer for 30 years. it's not to punish people per se, it's to hold them off the ba

. >> he ran on closing gitmo in 2008.hat hasn't happened. >> right. >> is it your idea that we should keep them indefinitely detaind? what about any sort of trial or due process or anything? >> they are all getting trials down there. all of them -- have been to... habeas judges. they have a right to go before a federal judge. no one is held at gitmo without an independent judiciary. if they are going to be tried, they should be tried in military court. those who attackeddous 9/11, they are war criminals. >> if we are going to detain them, what is the difference between detaining them -- why would the president want to detain them in the territory of the united states? i know there was a prison in illinois that was discussed. if they are going to be detained, does it make a difference where we detain them? >> i think these are not common criminals. they are high-value terrorist targets, keeping them away from population centers is smart. >> why would he want want that? i can't get the down side on this. >> gitmo has create

gitmo, the detainees have to go to prisons in the united states.ry senator is basically like, not my district, not my state. i'm not sure until there's a real issue from the senate and the house that you can really move this. the president tried pretty hard, i thought, and is really, like, a loss 90-6 is hard to cover from. >> i agree with perry. it's definitely true you had the democrats in there making the same point, basically they didn't want to see detainees come to the u.s. in that respect, the president was very much boxed in. the problem, though, goes beyond the debate as it stood. i think what the president has to do is outline a post-9/11 detention policy that deals with what mr. johnson said in the clip we played. >> is there political will on the hill even for that? >> if you get the policy, what democrats at the time said if we go through and understand what the trials and plans, we'll be more likely to support it. there were also, i think, genuine questions about whether they'd done the hard work for planning ahead. >> i want to bring

now, my question is they want to close -- gitmo.te recently? >> caller: it was in the newspaper here last week. >> stephanie: oh i see. >> caller: the concern about gitmo. i know they wanted to put them up -- >> stephanie: i think the fiscal cliff is the most pressing issue. what's going on this morning? why are people mixing their topics together? i don't understand. >> the plan is to amuse -- it is a cushion as you fall off the cliff. >> stephanie: i see. i thought we were on one top thick morning and people are sort of -- what about gitmo? what? [ scooby-doo's "huh?" ] >> stephanie: is that being debated right now? >> no. >> stephanie: you know what? can you get that first guy that's in college and give her his number because she could help him finish his term paper. gitmo's fiscal policy. >> what do we do about gay penguins? >> stephanie: t-bone, hook them up. 45 minutes -- it is a steph a date and term paper service and i'm a dessert topping. >> cliff notes. good for each other. >> stephanie: 45 minutes after the hour. right ba

. >> andrea: like gitmo?n't our prisons were less scary than their -- why can't your prisons be scarier than their prisons? >> bob: there are hundreds of americans in jail in mexico. this has got a high profile. don't think they want to punish him. >> eric: our president signed with his executive order to provide some form of amnesty. $12 million or so. they can send the marine back. >> bob: have the conversation with the president of mexico. >> andrea: are you saying we don't have leverage? the first was with fox? >> bob: we have some leverage. >> i hope so. >> bob: this government does not care with what is going on with this guy is dead wrong. why is it held like that? my guess is a little bit of the mexicans doing payback. >> eric: we have to go. coming up, n.f.l. player charged with the texas code 4908, intoxication manslaughter after a crash killed his best friend was back on the field this weekend. should the n.f.l. and dallas boise let this happen? the debate coming up. ♪ ♪ new york and my colleagues

military base repair including gitmo.at help the people in new york new jersey and long island. over 15 million dollars for justice department facilities and equipment repairs. also 15 million dollars for nasa including repair at the kennedy space center in florida? and two million dollars for roof damage at the smithsonian building in washington. only the beginning. proof of more washington waste. here with reaction the co-host of the fox business network. sir, no wonder why we can't these people still wait fog for the money they are using politic in this. can you pass a single piece of legislation in america today which is a spending bill without loading it up with extra items to satisfy senators who are not medley involved in that particular vote. >> no. >> no you can not. can you get elected in america today by saying no we are not +g:ry![8+oe-6]>l[d34> yes. you know beck el dog does this. in the green ream says on air. beck el. >> i don't want to beck el you. >> i'm comfortable. >> all right. but you

. >> greg: that is gitmo. >> bob: 13 days left until christmas. we need to pick our secret santa. this santa hat that looks like something from a strip joint. >> kimberly: you are ruining it. >> bob: sorry. this will be our christmas eve show. kimberly, go first. >> kimberly: i have been awake. >> bob: you have? go ahead. >> eric: don't say it. >> kimberly: i want to look first. see my reaction. [ laughter ] >> bob: eric, you got it. pass it along. >> greg: i wear a large. >> dana: yeah, right. >> bob: it's a hat. >> bob: who are the odds we don't pick one of our own names? that is a good bet. you can't look at mine. >> kimberly: ill saw it. >> dana: i did not get my own name. >> bob: five for five. >> greg: i did get dandruff. >> dana: who's hat is that? >> greg: mine. >> bob: have you given out christmas presents to authority figure in your life? your boss? >> greg: no. the best gift to give your boss is show up to work and do a good job and $100 cash. >> dana: don't call your customers fat girls. >> greg: the worst gifts you can give are knickknack, scotchkies, curious, tringle

what would happen if gitmo closes? >> the people who attacked us at 9/11 in that prison want to destroy our way of life. they don't want to steal your car. they don't want to break in your how long. the boys use capital one venture miles for their annual football trip. that's double miles you can actually use. tragically, their ddy got sacked by blackouts. but it's our tradition! that's roughing the card holder. but with the capital one venture card you get double miles you can actually use. [ cheering ] any flight, anytime. the scoreboard doesn't lie. what's in your wallet? hut! i have me on my fantasy team. what's in yo♪ wallet? hut! ♪ everyone deserves the gift of all day pain relief. this season, discover aleve. all day pain relief with just two pills. a new way to save on your prescriptions. it's the aarp medicarerx saver plus plan from unitedhealthcare. with this plan, you can get copays as low as a dollar through a preferred network pharmacy like walgreens -- where you'll find 8,000 convenient locations. best of

gitmo detainees coming to america? some want to house them in u.s. prisons but should that even be an option anymore? >> a group of kayakers get a little too close to nature. oh, my. >> come on, really? >> it's fantastic. is that an orca? >> i don't know my whalens well well enough. um... uh... um... hm... umm... uh... oh ! the windows phone 8x by htc on verizon. it features easy to navigate live tiles that are simple to customize. just pin what matters most right to your homescreen. exclusively with data sense-- a feature that makes the most of you plan. only on verizon. [ male announcer ] it's that time of year again. medicare open enrollment. time to compare plans and costs. you don't have to make changes. but it never hurts to see if you can find better coverage, save money, or both. and check out the preventive benefits you get after the health care law. ♪ open enrollment ends dember 7th. so now's the time. visit care.gov or call 1-800-medicare. >> welcome back, 14 minutes past the hour. gitmo detainees coming to

at gitmo, qahtani was one individual who identified bin laden's courier, a key break in the hunt forladen. when we eventually learned the courier's real name and found him, he found bin laden. in real life, one month before september 11th, qahtani was denied admission to the united states when an astute i.n.s. agent named jose melendez perez wouldn't allow him to enter the airport. so qahtani returned to the middle east and was later apprehended fighting with bin laden at tora bora. the 9/11 commission later determined he was to have been the 20th hijacker. part of the evidence? 9/11 ringleader mohamed atta awaited him at the orlando airport. so for me, "zero dark thirty" is a reminder of the power of one person. one week ago today, we saw the power of one individual to do horrific things. well, this was the opposite. if jose melendez perez had allowed qahtani into the united states, he would have been aboard flight 93. arguably, his added muscle could have kept the passengers at bay for the 20 more minutes the

bush and gitmo and then barack obama, you know, beating his chest and wearing sack cloth and ashes through 2008 and then as he's sworn in goes, okay, where are all those guys? i need them. there's a very dark side to this warfare, and presidents aren't really good at -- >> and the saddest thing is that the excuse always is that necessity compels somehow the violation of civil liberties. even lincoln would argue, i have to get those troops to washington. if i didn't get them to washington, the union wouldn't have stayed. fdr is told somehow the japanese-americans are going to be coming in from california to detroit to take over the country. but as thurgood marshall, the supreme court justice, once said, those are precisely the moments when civil liberties matter most and when you have to be careful. and all those presidents suffer in history. eleanor roosevelt said about the incarceration of the japanese-americans, and fdr's failure to bring more jewish refugees into the country before hitler closed the door forever, those were his scars. she knew that. i think lincoln if he came back now w

the gitmo prisoners. what happened? >> unfortunately, it didn't happen. >> warner: why?ause one side pulled back? >> we don't want to do anything that might prejudice something in the future. we haven't made any decisions about moving anybody from guantanamo in that arrangement, first. it's very important for you and the viewers to recognize that whatever we would do would certainly be consistent with all of the laws of the united states and very important consultation with congress and we consulted with congress quite a lot on this subject. >> warner: they had a lot to say? >> well, they did and fair enough. that's the kind of government we have. >> warner: where do prospects stand now as you leave this post for some kind of negotiated way out of this war or resolution to this war even as u.s. troops are drawing down? >> i think it's very important to step back and go back to the speech and consider the job we were given a couple years ago. the first job is to see if it might be possible to create a regional structure for a secure, stable, prosperous afghanistan, inside

also $41 million for military base, including gitmo.the smithsonian would get 2 million. republicans say a vote on the bill won't happen until after christmas because of a lack of details about the measure. brian? >> brian: after a tough few weeks, kate middleton is back in the spotlight. here is the pregnant duchess back stage at the sports personalities of the year i awards. this is in london where she went to do awards. earlier this month she was hospitalized for severe morning sickness. she wasn't feeling well enough to stay for the entire four hour ehave not and went home after 45 minutes. >> gretchen: a man whose dog was stolen has been reunited reunith the beach. guess how many years. five years later. >> that's so cool. >> he's been everywhere. >> gretchen: another story to cry about. emotional reunion, a long time coming, the man says bandit had run out of his home and a man picked him up and drove off. but he was found last month and was set to be euthanized at a shelter, so he was sent to another and that's where they found o

they extend existing transitions on the release of gitmo detainees for another year.thorities pursuant to pretrial agreements. the report establishes new congressional notification requirements for military detainees held on naval vessels and for third-country nationals who are released from military detention in afghanistan. but the report does not place any conditions or limitations on such transfer. the conference report includes -- excuse me, does not include the senate language regarding military detention inside the ups. the house conferees would simply not accept this provision. instead, we included a provision which says and states the following "nothing in the authorization for use of military force, public law such and such, or the national defense authorization act for fiscal year 2012 shall be construed to deny the availability of the writ of habeas corpus or to deny any constitutional rights in a court ordained or established by or under article 3 of the constitution to any person inside the united states who would be entitled to the availability of such