mr. soufan, staying with you, how alarmed should we be by this plot? either the discovery that this kind of ploting is still going on and from what we are told a more sophisticated device. >> well, i think we shouldn't be surprised at all, al qaeda in the arabian peninsula is the closest to bin laden's version of al qaeda. all these individuals were with bin laden in afghanistan, served with bin laden. they are not one of these al qaeda groups that were franchised after 9/11. those people definitely have the commitment, they have the intent and rain him al asiri is providing them with the capability so they are very dangerous and i think we should keep in mind that they will always try to accomplish their goal. if i mean, al qaeda tried to do a shoe bomb and then an underwear bomb, a printer bomb and they will continue to work hard to inflict damage to the united states. fortunately, our intelligence community and the c.i.a. have their eyes on the ball in yemen and it's a great success what they were able to do in the last 24 hours. >> warner: michael

mr. soufan thank you very much. >> thank you. >> bill: shocking ruling by the new york court they say it's not a crime to watch child pornography on the net. megyn kelly with analysis. next. >> bill: thanks for staying with us. i'm bill o'reilly. in kelly file segment tonight. i don't get shocked by much. the court dismissed two counts of child porn charges against a college professor james kent. ruling saying you can watch child porn on the net if you don't store it. here is where i'm coming from on this. if a teacher sees sexual abuse, he or she has to report it it's a crime if you don't. child pornography is not sexual abuse, here now to explain attorney and fox news anchor megyn kelly, do you understand this ruling? >> i do. they are focused on the language of the statute. for new york state to be child with possessing child pornography you have to actually possess it you can't just view it so if you download it and store it and save it done, guilty. if it's just in the cash kach of your computer, if it's a cookie on your computer after you saw it, online, that doesn't qualify. it has

mr. soufan, but there was a lot of information derived-- from k.s.m., from abu zubaydah, from the other detainees who were subjected these techniques. again, whether that intelligence could've been derived without these techniques, i do not know. and to this day, i think it's unknowable. i believe strongly that that would not have happened, because we're talking about the most... the most hardened, the most determined, and the most knowledgeable of leaders. >> i simply can't accept that they would have succumbed to a normal question-and-answer period to provide the information they provided. >> from my experience, i strongly believe that it is a mistake to use what has become known as enhanced interrogation techniques. >> smith: soufan left the fbi in 2005, but didn't speak out until four years later. he appeared, his identity hidden behind a screen, before a senate committee investigating how and why the bush white house approved the use of enhanced interrogation techniques. >> these techniques from an operational perspective are slow, ineffective, unreliable, and harmful to our efforts to defea

mr. soufan thank you very much. >> thank you. >> bill: shocking ruling by the new york court they say it'so watch child pornography on the net. megyn kelly with analysis. next. so, ah, your seat good? got the mirrors all adjusted? you can see everything ok? just stay off the freeways, all right? i don't want you going out on those yet. mmm-hmm. and just leave your phone in your purse. i don't want you texting, all right? daddy...ok! ok, here you go. be careful. thanks dad. call me -- but not while you're driving. ♪ [ dad ] we knew this day was coming. that's why we bought a subaru. ♪ and here's what we did today: supported nearly 3 million steady jobs across our country... ... scientists, technicians, engineers, machinists... ... adding nearly 400 billion dollars to our economy... we're at work providing power to almost a quarter of our homes and businesses... ... and giving us cleaner rides to work and school... and tomorrow, we could do even more. cleaner, domestic, abundant and creating jobs now. we're america's natural gas. the smarter power, today. learn more at anga.us. on my journey

mr. soufan thank you very much. >> thank you. >> bill: shocking ruling by the new york court they say it'so watch child pornography on the net. megyn kelly with analysis. next. today is gonna be an important day for us. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers. the health of our cells plays a key role throughout our entire lives. ♪ one a day men's 50+ is a complete multivitamin, designed for many of men's health concerns as we age. ♪ it has more of seven antioxidants to support cell health. that's one a day men's 50+ healthy advantage. >> bill: thanks for staying with us. i'm bill o'reilly. in kelly file segment tonight. i don't get shocked by much. the court dismissed two counts of child porn charges against a college professor james kent. ruling saying you can watch child porn on the net if you don't s