judge napolitano: they continue to get away with it.the first person find because the police just a fence without a search warrant in the backyard or the first person who is fine because they splashed water from a flower on the sidewalk challenges the constitutionality. stuart: you are missing the point. the first person to be fined because the cow jumped over in the search for dog food has to hire a lawyer. that costs money. $10,000 to represent you. judge napolitano: it might be cheaper to pay. stuart: of course. judge napolitano: some people believe these things ought to be challenged and i hope one of the people they implicate in this has that viewpoint because the legislature will do what it wants and the courts let them get away with it but sometimes the courts to be sent personal liberty in a free society. stuart: anything to add? charles: i am worried about this whole thing creating a neighborhood police force were your neighbors count of coop in your backyard -- judge napolitano: a neighbor can report your hoot in the backyard.

judge napolitano: it is a tax revolt. hand it is good that people still have the freedom to do this and basically structure economic relationships in order to avoid taxation, tax evasion is a crime. tax avoidance is perfectly acceptable and even encouraged by the tax code. no one should be surprised by this. there was a time in great britain that marginal tax was 91% and a lot of people fled. look at what is happening in and france were the marginal rate is 75%. the government cannot defy human nature. people will do what is rational in order to preserve their assets. don't want to get into taxation is theft argument but at some point it gets so high that it is like that and that another point it is so uncertain, no one knows to saying at the end of november what the tax rate will be on january 15th, large corporations and even individuals need a plan. stuart: let me raise this one. in november of this year in california they voted for higher tax rates, put up the income tax rate in california, made it retroactive to jan.

judge andrew napolitano is here. let's be factually accurate.olorado, washington state, now say within their state you can smoke weed just to get high. for get medicinal purposes. you can do it. judge napolitano: and they permit growing marijuana. the first issue is political. in both states the legislature lacked the political will or courage to do this on its own. the state of colorado the legislation defeated it. the public at a referendum -- stuart: referendum or legislation? judge napolitano: and the the washington state constitution supersedes -- supersedes the legislature's rejections of is the law of the land. stuart: in california have medicinal marijuana all over the place and in came the fed's and said you are doing that wrong. will the fed's come to colorado washington state? judge napolitano: that is the constitutional issue because the federal government prohibits all use and possession of marijuana for all purposes. some very minor exceptions for laboratories and things like that but for the general public is out. the government o

>>judge napolitano: we will talk about it for a while. there are a lot of missing pieces to the puzzle. >>shepard: another major developing story, israeli sources say they have killed a top commander in hamas group and now both sides are sending out serious threats. i'm talking very serious. this guy wasn't just anybody, either, he was captured on the border with lebanon in 2006 and this guy is said to have orchestrated and this guy got him out and got 1,000 palestinians released. now he is dead. now here we go. if you are one of the millions of men who have used androgel 1%, there's big news. presenting androgel 1.62%. both are used to treat men with low testosterone. androgel 1.62% is from the makers of the number one prescribed testosterone replacement therapy. it raises your testosterone levels, and... is concentrated, so you could use less gel. and with androgel 1.62%, you can save on your monthly prescription. [ male announcer ] dosing and application sites between these products differ. wen and children should avoid contact with ap

so you no to the judge napolitano. i was reading the briefing each day about what the judge's thoughts are and it reminded me we do not have one big national election. we have 51 individual elections in 51 different areas and in each place you are fighting for the electoral votes from the one spot, in california it is 55 and elsewhere it is three but it is 51 different contests and that is 51 sets of lawyers. >>judge napolitano: when we, together, covered the recount in florida in november of 2000, about which we can tell a lot of stories you could fit around this table which we sitting the people, the lawyers who specialized professionally in election work. now, you can fit them in a small college basketball arena really there are thousands of them and they are researching and preparing and ready to go. litigation that will commence at midnight on tuesday night could be lawyer driven but only happen not states are so close or the controversies are such a magnitude that the lawsuits could change the outcome. if one win

judge napolitano will be here. don't feel bad about not winning the powerball, past winners saying becoming a millionaire overnight is not all it is cracked up to be, we will spoke to someone who has won several lotteries and find out what the lucky ticket holders have in store no them. i feel bad for them, after all each of those tickets won $275 million. it is a bad day for them. oh, let me guess --ou see this? more washington gridlock. no, it's worse -- look, our taxes are about to go up. not the taxes on our dividends though, right? that's a big part of our retirement. oh, no, it's dividends, too. the rate on our dividends would more than double. but we depend on our dividends to help pay our bills. we worked hard to save. well, the president and congress have got to work together to stop this dividend tax hike. before it's too late. >>shepard: there are two winning powerball ticketed. for the record 588 million jackpot, one sold in missouri, one in arizona. one was sold in fountain hills, arizona, near phoenix

judge napolitano: yes. remember the 47%. was 47% of the time mitt romney said it will be close to 50%. the theory behind woodrow wilson and the progress is enhanced by fdr magnified by lbj was to create dependence, create political climate in which they have to vote for us for subsistence. we will stay in power and keep cash -- liz: half of that rate in nearly 60s. the federal reserve's superlose monetary policy is an enabling of big government spending. we don't restructure the government unless you have federal reserve in the equation. judge napolitano: imagine if mitt romney or ron paul to replace ben bernanke. stuart: unimaginable. it would never have happened. judge napolitano: you are right but if he promised to do that he might have gone five million libertarians to vote for him. stuart: would really have lost the election yet. judge napolitano: i neglected the too far, no land where the host. stuart: thanks. judge napolitano: you are welcome. stuart: i thought mitt romney would win this election. i was totally wrong.

>>judge napolitano: we don't know. the first round of testimony was in secret and the second round of testimony was to be in secret but we know what was leaked from the first round, he called the events that resulted in the murder of four americans, a flash mob rather than a gang of people determined to invade the consulate. >>shepard: a lot of headache here. >>judge napolitano: more will come. there are a lot more pieses to the puzzle which our colleagues will fill in as the days progress. >>shepard: that is my guess. 80,000 homes and businesses in new york have gone two weeks without power after hurricane sandy down from 8.5 million customers across 21 state would lost service but those who spent two weeks in the dark, and trust me, the bitter cold, frustration is boiling over. >> they don't give a rat's tail about us. we pay our bills just like everyone else. >> how long does it take to get our heck terrorist back? elderly people live here, sick people, what does it take? someone to die from living in their house wh

we are waiting some comments from homeland security secretary janet napolitano and we'll watch all ofhese remarks for any newsworthy developments especially from secretary napolitano. >>> meanwhile, michelle crew co-cabrera is here with the latest headlines of the storm and its aftermath. >> we see what's happening in new york city today, president obama met with new jersey governor chris christie yesterday doing a similar tour in new jersey. the president toured some of the worst hit areas of the jersey shore. saying 2,000 fema personnel are on the ground in affected areas. at least 82 people have died in the u.s. as a result of sandy. most of them in new york and new jersey. the number of people without power is dropping, though there are still 4.5 million customers in the dark and it may be ten days before the hardest hit areas see their power restored. >>> meantime, nearly 20,000 flights were canceled because of sandy but stranded airline passengers are finally getting some good news. limited number of flights are taking off from laguardia this afternoon. all three major area airp

judge andrew napolitano. ( cheers and applause )

please welcome back, the good judge andrew napolitano. what's up? >> good to see you. >> jon: it's the judge! how are you, man? >> i am well. >> jon: we're going to get into things, theodore and woodrow, but first-- >> this is a great audience. >> jon: they're a lovely group of people. they're here-- the tickets are free. >> they didn't pay to get in? >> jon: they did not pay to get in. they love you. let me ask you two things first-- >> you're not going to make me defend o'reilly? >> jon: why, of course-- could you? ( laughter ) i would like to-- ( applause ) >> he's my buddy. >> jon: isn't there a prevailing attitude that i'm noticing over there that somehow we've reached a tipping point, that there is a new demographic change in america that is unlike the others. you mentioned it on the morning show that you thought o'reilly was right that we are now a nation of takers. you know that if that attitude had prevailed, you and i, mr. o'reilly, if it had prevailed in america's history, you and i would not be here. >> i know if the government had not a

now to the judge, fox news senior judicial analyst, judge napolitano is here.n top of life on top of more of that. >>judge napolitano: the penalty, really, was determined at the time the government accepted his and the court accepted the guilty plea. so what went on today was really an of the by the court to let the victims come to closure for lack of a better phrase. judges are not crazy about this because it is irrelevant because there is no room for discretion in impose the sentence. he agreed to serve a life sentence for each of the people harmed and that is the sentence that would be imposed to matter what the people said. but the courts have concluded that allowing them to say these things is better for everyone involved and that is why we go through it. the occasional case the victim will say something to the judge that the judge didn't think about, didn't know of or forgot and that could change the sentence but that is not the case here and it is rare for that to happen. >>shepard: wrapped in all of this was some discussion of whether we pay enough atte

grace napolitano (d- california) rep. 3 meses para arreglar el problema de inmigracion en este pais, la comunidad hispana va a poner el grito en el cielo. lo mismo se dijo en 1 reunion en que actuales congresistasis le dieron la bienvenida a los recien electos. raul ruiz, congresista electo (d-california) si pienso que la prioridad del presidente obama especialmente porque los latinos salieron a votar y le ayudaron, va a ser para hacer 1 reforma migratoria para todos nosotros. rep. grace napolitano (d- california) es que vio que el voto latino fue el que lo impulso, francamente porque salieron a votar. otros esperan que el presidente dialogue con quienes representan a los hispanos en el congreso. rep. luis gutierrez (d- illinois) y yo espero tener esa conversacion y ese dialogo con el, como proceder, o sea quienes van a definir el futuro de los inmigrantes en este pais.el lider republicano boehner ha dicho que esta dispuesto a hablar del tema, y esta semana el congresista republicano raul labrador, indico que su partido d

>>judge napolitano: pleasure to be here.rd: a month since the storm devastated parts of new york and new jersey and now leaders are asking the feds to help out with billions in clean up costs, that is how it impose. coming up. ctor told me calcium is efficiently absorbed in small continuous amounts. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release. campbell's has 24 new soups that will make it drop over, and over again. ♪ from jammin' jerk chicken, to creamy gouda bisque. see what's new from campbell's. it's amazing what soup can do. 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. >>shepard: a month after super storm sandy wreaked havoc, officials are asking for more for clean up, costing the state $42 billion according to cuomo's office, higher than the previous estimates and boom blurring -- bloomberg is asking for $10 million for co

in a statement secretary napolitano says, "the administration's highest priority censuring the health and safety of those impacted by hurricane -- is ensuring the health and safety of those impacted by hurricane sandy." new york governor andrew cuomo asking residents for patience. >> we understand why there was a shortage for very definable reasons. we also understand why it's going to be better and it's going to be better in the near future. >> reporter: meanwhile some airlines taking the unusual and costly step of putting extra fuel on inbound planes to new york so their jets jets can fly out again with problems, but port officials saying there is an adequate supply at major airports. and the struggle continues for residents in new jersey. this is the open gas station open in clifton about 10 miles outside new york and residents are lining up with the hand- held gas cans and their cars all the way down route 3 westbound up and over that hill about 3 miles that direction, a wait of several hours for these folks with no end in sight. in clifton, new jersey, rick levinthal, fox news. >

grace napolitano (d- california) rep..c. *+ las declaraciones del presidente obama de que impulsara 1 reforma migratoria a principios de su segundo periodo, no dejaron indiferentes a los miembros del congreso. algunos opinan que los votantes latinos no tendran mucha paciencia si no hay accion. rep. albio sires (d-nueva jersey) mire, creo que si este hombre no hace 1 esfuerzo en los proximos 3 meses para arreglar el problema de inmigracion en este pais, la comunidad hispana va a poner el grito en el cielo. lo mismo se dijo en 1 reunion en que actuales congresistas le dieron la bienvenida a los recien electos. raul ruiz, congresista electo (d-california) si pienso que la prioridad del presidente obama especialmente porque los latinos salieron a votar y le ayudaron, va a ser para hacer 1 reforma migratoria para todos nosotros. rep. grace napolitano (d- california) es que vio que el voto latino fue el que lo impulso, francamente porque salieron a votar. otros esperan que el presidente dialogue con quienes representan a los hi

we're going to be speaking with janet napolitano later. we're also going to be speaking live with the president of the manhattan borough. there's lots going on including a huge debate in new york city right now over whether or not that marathon should take place this weekend as scheduled. lots to talk about. what's going on in lower manhattan specifically when we come back. questions? ne hanyoe occasional nstipation, diarrhea, gas, bloating? . e philli' colon al probiotic cap each day helpde against these digestive issues with three strains d bacteria. aroved! fema annve theer egular life. phillips'. fema annve theer egular life. ♪... ♪... ♪... choose the perfect hotel humans -- sometimes life trips us up. and sometimes, we trip ourselves up, but that's okay. at liberty mutual insurance we can "untrip" you as you go through your life with personalized policies and discounts when you need them most. just call... and speak with a licensed representative about saving on your policy when you get married, move into a new house... [crash!] or ad

crews pick up the pieces of cities ravaged by hurricane sandy homeland security secretary janet napolitano says there's an even bigger storm brewing and this one could wreak havoc on the entire country we'll tell you what it is in just a minute. a bomb a wages war will we lose jobs to china the. menace to our economy. it's not you have to worry about its silly story either you're sick of seeing attack ads like this plaguing television screens and radio dials and it turns out the majority of americans think negative ads hurt the political process rather than help will break down the numbers and question why elections have gotten so nasty in recent years. was in the us the rule of law only goes as far as the supreme court allows it and one time of day is a long way from home coming up we'll tell you how the government is making up laws as it goes along and breaking its own rules as it sees fit. it's thursday november first i am liz wall and you're watching r t. well cities along the east coast today continuing to pick up the pieces in the aftermath of hurricane sandy this oracle storm has ca

calidads, staten island es mi prioridad. >>> napolitano recorriÓ la zona y visitÓ un centro de distribuciÓn para el manejo de emergencia gs fema se repartieron 80 mil comidas. la visita de la alta fun reese da en medio de las graves acusaciones de los residentes de esta estÉn islan que dicen, llevan dÍas esperando por ayuda >>> que el gobierno no se olvide de nosotros y fema no se olvide de nosotros porque somos parte de la naciÓn. y no solo yo, las personas que han perdido sus bienes, sus carros, muebles, todo lo que han perdido. >>> un olor putrefacto por acumulaciÓn de basuras y escombros muchos desesperados y frustrados. >>> aquÍ, siguen sin agua, sin electricidad y los damnificados tratan de rescatar, lo que les sirva de entre los escombros. . >>> las viviendas que se mantienen en pie, no pueden ser habitadas y la gran interrogante, es ¿donde vivirÁn quienes ahora estÁn en los albergues?. >>> que nos traten de ayudar. lo sentimos como que se nos han olvidado de nosotros acÁ. >>> en medio del desastre, brilla una luz de esperanza y esa es la ayuda, de personas del comÚn y corriente, que

>>neil: we will cut away to janet napolitano, is that live?hey are all doing this thing where they commend everyone and the republicans do this, as well. they commend themselves and staten island isn't new orleans or am i comparing this storm with katrina, maybe staten island is not cool or so cultured or maybe it is not anything that the mainstream media would like or draw comparisons to but there are a lot of pow without power and homes and underwater there, is it because it is staten island? and amy the -- amid the ruins, the running? and it starts in staten island. and the mayor says the marathon mutt go on as people have no power or shelter or power. they are using resources including generators, and lots of water and food they locals could use and they need. and now a resident of staten island. how are you? >>guest: things are not good. no sunshine here that is for sure. >>neil: what do you think of the marathon this weekend? >>guest: the marathon is disgraceful. shame on that man. painting blue lines, allowing people to cross over the b

janet napolitano, we welcome you. everyone will tell you what they need. though want their power back on. this is one of the streets without power almost two weeks since sandy rolled through. look at this guy's house. all his belongings on the front lawn. thousands of dollars worth of sofas and chairs, speakers, shelves. their lives have been completely turned upside down. the man who lives here has friends helping, bringing out loads, putting them in the dumpster. everyone's impressed with how everyone's taking care of one another but the long island power authority, 86% of their customers lost power. they still have 126,000 that need power here on long island. a lot of people. folks here are upset the company hasn't come out and fixed the power, they're saying they're not living in a third world country, this is america and the power company is not coming out. one person held up a sign that said lipa stands for long island power authority, saying lying, incompetent, poor administration. we've seen the red cross coming out, they're over there across the s

captain mike napolitano is serving with the navy's expedition training group. while deployed in 2004, he spearheaded maritime patrol relief efforts toing the 2004 indian ocean tsunami, as well as numerous theater cooperation efforts throughout the pacific and in 2009 captain napolitano reported as commanding officer of the expeditionary training group. this is a fabulous panel and i know you're going to appreciate what they have to say. rear admiral, i think you'll start. >> first of all on behalf of the chilean navy i would like to thank so much to san francisco fleet week, particularly to admiral gary roughhead for being invited to participate in this senior seminar. it's a privilege for me to be here and to share with you the experience that we had just during and after the earthquake that we had in chile in february 27, 2010. most of the lessons learned that i'm going to show here to you is part of your concern and i'm very glad you are taking that in account so i think you are absolutely in the right path. anyway, it's a massive event that you always have

captain mike napolitano is serving with the navy's expedition training group. while deployed in 2004, he spearheaded maritime patrol relief efforts toing the 2004 indian ocean tsunami, as well as numerous theater cooperation efforts throughout the pacific and in 2009 captain napolitano reported as commanding officer

>> reporter: well, brian, janet napolitano was here awhile ago. the homeland security secretary, and i asked her of all of the damage she's seen from hurricane sandy, where does staten island stack? she said it's absolutely there near the top. this area is devastated, brian, and i am at a relief center behind a high school on staten island where anybody who has lost anything can come and get a variety of items. and can you get hot meals, clothing. many things were donated here. this area is buzzing this time of the night with people coming to look for things that they're going need. we were told earlier by the red cross that they were going shut this place down at dusk, but they have new set up a tent and -- tent and they loading a lot of the supplies into the tent. it's unclear whether they're going to remain open through the night, but for people who have lost everything, brian, this relief center is a godsend. >> while i still have you and the window is still open, i want to ask you a question here. why has statten island been forgotten? what i

frio los niños no quieren comer comida enlatada pero no tenemos >> y la secretaria de seguridad napolitanonjeras para que no entorpescan el trafico de gasolina y ayudas. >> los inmigrantes afectados por sandy podrán prorrogas como para las solicitudes de trabajo pueden visitar el sitio web. >> y estamos a días de las elecciones presidenciales y el próximo martes se mandaran guardias para velar por la seguridad del proceso. >> y en miami dade hay filas y filas para votar >> y esta incomodidad disparo la alarma en el departamento de justicia pues quieren evitar la discriminación. >> es obligacion que todos tengan acceso a las personas >> y dicen que las largas filas no tiene que ver con la discriminación >> es que ahora tenemos 8 días en vez de 14 días de voto anticipado, también es el doble de votant >>así que se esta pidiendo que se extienda pero se dice que scott no quiere cambiar. >> y se dice que esto beneficia a los demócdemócrata. >> dicen que buscan transparentar el proceso. >> y votar el california es más fácil que en otros estados por eso es probable que tengamos records historicos

let's ask judge santa napolitano -- andrew napolitano. should i worry? >> yes.ld worry at either of them but i would worry far more with president obama replacing retiring justices. justice ginsberg who is not well as serious liberal. john: rehab four justices ginsberg and justice breyer both liberal justices. >> justice ginsberg is not well by justice breyer will set there for another 10 years of major permits. if obama replaces justice ginsberg it would be with the% i'd like mind but 30 or 40 years the junior. so you are removing a shy reticent senior citizen for a young aggressive coalition building youngster. that is what you will get. somebody like soda -- sotomayor or jess's kagan that will set their 30 or 40 years. john: now that is normal. when the republic was created most were passed the average age of death. >> they serve for life. in the modern era they have attempted to control their term during the presidency of the same party that appointed them. to the extent it is a free choice they will. you can expect justice ginsberg will leave the court. i c