judge napolitano: correct.ve a problem publishing it unless it is of material interest to the public. when jamie dimon had his cancer scare, to know about it not, if this executive, don't know who she or he is is claiming perfect health and ordered keep stock prices up, the materials are showing serious in perfect health than the publication of those materials is protected. stuart: i'm reading between the lines. you are saying is the long shot, to stop the publication of these negative e-mails. judge napolitano: only that which is truly private and of no legitimate interest to the public could there be -- can't stop it from being printed. he can seek damages for the effects. stuart: not going to work. last point. no such thing as up private e-mail between any two people or any group e-mail period. judge napolitano: you would think the company as wealthy as sony that specializes in technology would know how to protect itself. what we could all fall to is this. the public has an interest in knowing whether or not

judge andrew napolitano is here. just a clean-cut case of where she is pregnant so she doesn't get to keep doing the job? judge napolitano: i wish it were. is an enormously complex case which involves the eeoc, equal employment opportunity commission and administered agency of the government, managers and commissioners appointed by the president. his efforts to affect the outcome. involved the labor union to which this driver belongs and the collective bargaining agreement the union has with ups and their efforts to affect the outcome. involved two federal laws with ambiguous terminology and the supreme court has to figure out. the bottom line is ubs was crazy, crazy, profoundly wrong from a pr point of view and a legal point of view to deny this woman the benefits she sought. the benefits that she sought was work at comparable pay with far less rigorous exertion, to drive the ups truck you have to pass a test. the test is you have to lift the 70 pound weight. no physician would allow her to do that when she is carry

judge napolitano: insider-trading is an area of the law with blurred edges.ors like to keep extending the edges out so they can insnare as much commercial activity as they want and decide to persuaded jerry what is criminal and what isn't. these two gentlemen were convicted of providing inside information to others who traded on that information. the court today said that is not a crime unless they received some benefit for providing that insider information. without providing, without receiving a benefit there is no criminal activity. there is no evidence in this case of a benefit. it seems a little complex. it is huge because this makes insider trading cases infinitely more difficult for the government successfully to -- charles: think of these big-time cases we have had recently there a people in jail right now didn't benefit. they told a buddy who was a hedge fund manager, no proof that they made any money. judge napolitano: if the court decides, this case is ambiguous on this point, if the court decides this decision is retroactive the united states atto

judge napolitano: he made it worse.een unlawful for the past 50 years since the federal government began enacting civil rights legislation that prohibits it. president bush and his attorneys general specifically outlawed it but today eric holder did the unthinkable. he condemned what is already unlawful. he claimed he was making unlawful what was already unlawful but he carved out two exceptions. if racial profiling which is not a police officer say no k, the witness said the perpetrator was black, therefore -- that is not racial profiling. racial profiling is a hunch on the part of the cops, it is more likely than not, we will interrogate all these black folks. but eric holder said that is okay for the t s a which deals with more citizens than any other aspect of law enforcement and the border patrol. if it is that bad why are you allowing the one hundred thousand federal cops and border patrol to use it? charles: lou: it doesn't extend to state county? >> he does not have jurisdiction at this moment in time. lou: he s

top tea guest, andrew napolitano, suicide pact. it's really funnier than it sounds. but first, while we were all home last week, ridding the nation of its turkey scourge-- (laughter) they know what they do. the grand jury verdict in missouri was deciding that ferguson police officer now former ferguson police officer darren wilson did nothing indictful whbl he shot unarmed but large michael brown. the angry reaction to this decision was swift and sustained. the protests breaking out throughout the country. those who took the streets it thought they were speaking out against systemic injustice, but they could not have been more wrong. >> this is not a civil rights issue. >> it's not a black white situation. >> it's a thug-police officer situation. >> people forget, he had committed a robbery. >> michael brown was the bad guy in this case. and please, america, let's not turn this kid into some kind of civil rights lauder because that he is not. >> ferguson missouri is not sell ma, alabama. >> right! (laughter) almost by definition. (laughter) ferguson, missouri, is not

judge an draw napolitano, ladies and gentlemen.makes our lives possible. because we do. we're exxonmobil... and powering the world responsibly is our job. because boiling an egg... isn't as simple as just boiling an egg. life takes energy. energy lives here. what happened? did they get him? [remote chime] ...gotta go...let's go... ♪ [berenson] yeah... we're almost at the pickup. i'll call when they're in the air. duke's family only feeds him iams, for a love that can endure any fashion trend, with two times the meat than other leading brands. it helps keep him strong from tiara to toenail. just one of many iams formulas to keep love strong. ♪ ♪ it has some pretty crazy moves. and these are some of the biggest vine, instagram, and youtube stars on the web. bring them all together with one of the hottest artists in the world... and you create a music video like never before. now that's how you bend the rules. introducing the next generation hp x360. >> that's our show. here is the moment of zen. >> me and rashawn two black men will b

napolitano. mrs. napolitano: i pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. the speaker pro tempore: the chair will entertain requests for one-minute speeches. for what purpose does the gentlelady from north carolina seek recognition? ms. foxx: mr. speaker, i ask unanimous consent to address the house for one minute. the speaker pro tempore: the gentlelady is recognized for one minute. ms. foxx: thank you, mr. speaker. on november 20, president obama significantly overstepped the bounds of his constitutionally granted executive authority when he took steps to grant amnesty to millions of immigrants who are in the united states illegally. prior to his unilateral actions, the president himself acknowledged repeatedly that this is not how our democracy functions and the way to reform this nation's broken immigration system is legislatively. as they say in north carolina, the pres

judge napolitano: i agree with you entirely. i wish these things didn't happen.ch the federal government could protect the right to free speech. this is a satire, this is the essence of an american way of mocking people in power. we can produce movies about the president of the united states and anybody, but apparently this hacking which we all thought was a little humorous at first when the e-mails him out, derisive e-mails about the celebrities, candid e-mails, this has accelerated into a very serious, potentially international incident that involved the state department, department of homeland security and in new york, new york city police department and the intimidation of a major, bring it to its knees, a major corporation. stuart: does that corporation have a choice? if they went ahead and ran the movie and there was an incident and somebody gets hurt that person sues, they knew the danger and did it anyway. judge napolitano: i don't know there is anything sony could do to insure or guarantee the safety of everybody that would attend these movies. stuart: y

napolitano: mr. speaker, congressman valadao's h.r. 5781, the california emergency drought relief act of 2014, is northern california c.b.p. drought relief that isn't a california death relief act. it was introduced last week without hearings, without markups, without consultation with the house democrats and without any consultation or input from local water agencies, state agencies, cities and/or tribes. this bill is being rushed to the floor without input of critical california leaders throughout the state. it focuses primarily on providing more bay delta water to central valley farmers at the expense of other users. this bill would require mandatory increases in pumping to central valley agriculture, which could forge water managers throughout the state to cut water deliveries to southern california to other urban water users and, of course, to fisheries which -- this could also lead to less fresh water in the delta, higher levels of salt and contamination in the water being pumped down to southe

we'll hear from judge napolitano how this can work legally. what can happen without congress. then we'll look forward towards what this new congress might have to say about all of this. 90 miles from the southern tip of florida, a place almost every single one of you have never seen. could be changing. stay with us. you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance. if yand you're talking toevere rheumyour rheumatologiste me, about a biologic... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adult

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lou: judge andrew napolitano, time for a few of your comments.is wrote,e individual accountability does not seem to be popular in washington d.c. these days. >> again, sign me up for total agreement. we love hearing from you e-mail me at loudobbs.com, follow us on twitter at new dobbs news, facebook page. well now rap we've seen pictures and video of nfl and nba at leases taking a stand, sewing their solidarity with demonstrators

judge napolitano: here is why it may not take years.kes years litigation is a model that is often the case when there is discovery involved. thousands of pieces of documents, lawyers are too busy and everyone is delaying everything when there's a demand for money and the court has to figure out how much money that is not the case. governor elected albert and the others are asking a federal judge to examine the executive boards which exist in writing to examine the statutes which exists in writing, to examine the constitution, your favorite document which exists in writing and to decide whether or not these executive orders impermissibly burden this states. theoretically a judge could do that in two or three weeks of work and governor at the manhattan and an answer on this before he is governor of texas. stuart: you know more about this than i do. any decision will be appealed and appealed and appealed. judge napolitano: here is why it may not matter and this locks into the peace you just did with our colleague peter barnes. the presiden

andy napolitano, judge napolitano was talking about how a number of court cases. >> supreme court. >> has sided in favor of people saying you don't have a right to impose a tax on me. >> listen, i will say this, david. when we thought about the initial obamacare decision, when you look at it logically rationally it should have been struck down but it wasn't. >> that's true. roberts got it wrong. >> but you never know. >> grand jury decides not to indict a new york city police officer in death of eric garner, prompting widespread protests and casting doubt on major presidential call to action. president obama pushing for $75 million to outfit police officers were body cameras. in the garner case the grand jury did not pursue criminal charges, despite a video account of the confrontation. so the show is called, "money." we're focused on the money angle here. it is the idea folks want and including president, want communities to spend money on cameras. we had cameras in this case. >> the other money aspect, remember how this started. i'm really troubled by that video. this is not ferguso

judge napolitano: all the best.nspiring story of a former baylor basketball player isaiah austin and overcoming adversity is a lesson we all should learn. they challenge us. they take us to worlds full of heroes and titans. for respawn, building the best teractive entertainment begins with the cloud. this is "titanfall," the first multi-player game built and run on microsoft azure. empowering gamers around the world to interact in ways they never thought possible. this cloud turns data into excitement. this is the microsoft cloud. nicole: i am nicole petallides, great day for the bulls on wall street, dow jones industrial average up 226 points after better than expected jobless claims and commodities pulling back, the dow is up 1.3% as is the s&p 500 and nasdaq up 1.5% and looking at the names leading the dow these names, visa and ibm are winners and contributing 60 points. goldman sachs up almost 4 bucks and there is a look at oracle hitting a new high today, right now we see it up the.1%. winnebago disappointing e

napolitano: thank you, mr. speaker. may i inquire the amount of time left on both sides? the speaker pro tempore: the gentlelady from california has eight minutes. the gentleman from washington has 13 1/2 minutes. mrs. napolitano: thank you, mr. speaker. i would now yield four minutes to the gentleman from california, mr. huffman. the speaker pro tempore: the gentleman from california is recognized for four minutes. mr. huffman: i thank the gentlelady. mr. speaker, some of our colleagues from other states may be experiencing a sense of deja vu right now. yes, this is the second time this year that the house has voted on a california water bill that would harm northern california fisheries, tribes and communities, that would undermine state law, that would deprive water managers of the flexibility they need and that would micromanage the complex water system of california. and to make sure we're all dealing with the same facts, i want to remind my colleagues that the state and federal water export pumps in the delta righ

dave: judge andrew napolitano is here.nt is this is a president who really doesn't care about compromise. he cares about his progressive agenda come hell or high water and even come a new congress in january. >> bret baier was right on the mark. thanks in weekend one of the president's staunchest supporters during the first six years of his presidency, n.y. senator charlie schumer, made a public concession the likes of which is rare in this era, of high intensity politics, we were wrong as democrats to focus for four years on health care because -- has make the relieving of a majority middle-class. judge napolitano: they spent too much political capital defeating the republicans on this topic that could have worked with republicans and gotten so much done. that is a direct and profound rejection of the heart and soul of the president's progressive agenda. dave: the president has the tool to promote that progressive agenda, executive borders. the pen and the phone that appears willing to use that. the question is whether it

judge andrew napolitano. time for a few of your comments.licia tweeted us to say can we agree that a compromise on immigration is not president obama getting everything he wants and the gop saying we tried? i would sign up for that agreement. chris wrote individual accountability just doesn't seem to be very popular in washington, d.c. these days for either party. again, sign me up for total agreement. we love hearing from you. e-mail me at lou@loudobbs.com. follow us on twitter. go to our facebook page. links to everything at loudobbs.com. >>> now the wrap. we have all seen the pictures and video of nfl and nba athletes taking a stand as they put it, showing their solidarity with demonstrators. the nfl players holding their hands up as they entered the stadium, protected by the very police they insult, and the player whose ethics cost usc a national championship and himself a heisman trophy were an i can't breathe slogan on his teeshirt. brave pro athletes who wear i can't breathe teeshirts and scribbling those words on their precious new s

. >>> la gobernadora ascendiÓ al poder en el 2009 luego de la partida de yanet napolitano y desde entoncess un hÉroe para muchos de las bases delirar partido republicano >>> y aunque perdiÓ las batallas legales en el 2012 apuntando el dedo al presidente solicitÓ un estatus de conservadores y dijo que en el desierto habÍan deboing decapitaciÓn. >>> en una entrevista al periÓdico local, obrabrewer dijo: (informaciÓn en manopantalla) >>> es muy sorprendente que ella estÉ tan aferradas que ha sido ha estado tan empeÑada y enfocada en pelear, paso por paso a pesar que la leyes y la constituciÓn estÁ a nuestra favor >>> al dejarle poder habrÁ culminado una carrera polÍtica de 32 aÑos en arizona pero combuns algunos temen que a la sombra continÚe llevando las riendas del tema migratorio >>> para bien o para mal es difÍcil olvidar, los migrantes del estado no respiran porque el gobernador que entrarÁ ahora el prÓximo dÍa 5 a prometido seguir con esta postura antimigrante es todo regreso con ustedes >>> gracias jan por estuvo informaciÓn. un bebÉ de 2 aÑos matÓ akz accidentalmente a su mamÁ en una

judge napolitano, author of the new book suicide pact, the radical expansion of presidential powers andlethal threat to american liberty. he is caught. >> it's a sad state of affairs when this harvard-educated university of chicago law school hired so-called constitutional scholar, which is what he held himself out to be when he first ran in 2008 doesn't understand the basics of the instituticons and the job and the role of the president of the united states. he does not have the authority to change and rewrite a law. >> but that's your legal opinion and you're entitled to it. and a lot of people share that opinion. what i'm talking about is fact, he has misstated the facts -- forget george stephanopoulos, the american people. he told them no. he actually denied that he had said this. i mean, stephanopoulos asked him, you were asked, could you do more and you said no i'm out of administrative flexibility. and his answer was, that's not true, george. and he's tried to limit what he was asked. and then he tried to say well what is true. it was a complete misrepresentation and then a dodge

judge napolitano weighs in on this whole issue later this hour. perfect example of why you should listen to charles payne's stock tips. roll the tape. charles: i also like that action on these charts. longer term, i think it has potential. ♪ ♪ you don't need to think about the energy that makes our lives possible. because we do. we're exxonmobil and powering the world responsibly is our job. because boiling an egg... isn't as simple as just boiling an egg. life takes energy. energy lives here. they take us to worlds full of heroes and titans. for respawn, building the best teractive entertainment begins with the cloud. this is "titanfall," the first multi-player game built and run on microsoft azure. empowering gamers around the world to interact in ways they never thought possible. this cloud turns data into excitement. this is the microsoft cloud. and cialis for daily useor you. helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your docto

top tea guest, andrew napolitano, suicide pact. it's really funnier than it sounds.e nation of its turkey scourge-- (laughter) they know what they do. the grand jury verdict in missouri was deciding that ferguson police officer now former ferguson police officer darren wilson did nothing indictful whbl he shot unarmed but large michael brown. the angry reaction to this decision was swift and sustained. the protests breaking out throughout the country. those who took the streets it thought they were speaking out against

judge napolitano disagrees with that. he will be here to talk about that.rotesters causing gridlock on the highway. a logistical nightmare for police and emts. bill: roads turning into rivers and the worst can be yet to come. here's some news you may find surprising. we're for an open internet for all. we're for creating more innovation and competition. we're for net neutrality protection. now, here's some news you may find even more surprising. we're comcast. the only isp legally bound by full net neutrality rules. on brand name mattress sets. years interest-free financing plus, get free delivery, and sleep train's 100-day low price guarantee. sleep train's interest free for 3 event is ending soon. ♪ your ticket to a better night's sleep ♪ everyone is looking for ways while to cut expenses.s unique, and that's where pg&e's online business energy checkup tool can really help. you can use it to track your actual energy use. find rebates that make equipment upgrades more affordable. even develop a customized energy plan for your company. think of it as a way

judge andrew napolitano is re.uld say this shows the suicide pact between the corporations and big governments. crony capitalism gone wrong, right? >> certainly the insurance companies did. i appreciate you mentioning the book, david. it is atine of tyranny for the government to write laws that are so complex that by following one law, you are violating another, and for the same. david: republics have been doing. >> it forces you to be a law violator inconsistent with the constitution with basic principles of morality. for obamacare to say you employ 50 or more people. you have to set up wellness programs for obesity or diabetes or depression. if you ask them, you are going to violate the law, that's absurd. david: don't you think they recognize some of the inconsistencies here and that they were just trying to lure corporations into something they knew would screw corporations. they had no intention of letting corporations off the tax hook, were they? >> i don't know what the intention was. the law is so complex,

. >> do you collect napolitano? [laughter] >> i do. not the hat. one of 17 hats he owned. >> who bought it? >> a south korean business man. it shows universal interest napoleon has. but also the amount of money people are willing to pay. >> what is the best movie about napoleon? a feature film. >> i asked martin scorsese that. he said there had it been a good one since 1927. we need a tv series. also he could grow up. >> we really do want to see and capture the sense of him from some of the best actors we have. >> yes. i don't know who would play him. >> thank you for coming. for those of us to love biographies and understanding people who have shaped our world's, this is the kind of book that will give you insight into him. love or hate him, you could not deny his impact. >> thank you. >> the book is called "napolean: a life." by andrew roberts. back in a moment. stay with us. >> robin wright is here. >> robin wright is here. she just returned from her reporting trip to the syrian border for the new yorker magazine. her article is called "the vort

. >> do you collect napolitano? [laughter] >> i do. i have a little bit of the wallpaper of the room in which he died. i thought it at auction the other day. not the option of the hat that recently sold for $2.4 million. one of 17 hats he owned. >> who bought it? >> a south korean business man. it shows universal interest napoleon has. he is big in china, for example. but also the amount of money people are willing to pay. >> what is the best movie about napoleon? not a documentary, but a feature film. >> i asked martin scorsese that. he said there had it been a good one since 1927. a tv is why we really need series. you would have much more time and also he could grow up. >> we really do want to see and capture the sense of him from some of the best actors we have. >> yes. i don't know who would play him. it would be quite a task. that would be a great thing to have happen. >> thank you for coming. for those of us to love biographies and understanding people who have shaped our world, this is the kind of book that will give you insigh

. >> tomorrow night judge judge napolitano will stop by to talk about his new book. we will have an exclusive interview with president obama live in studio. one of those things is totally made up. find out tomorrow fight at midnight on fox. >>> are you ready for some football? well too bad because here it comes. in what can only be described as the greatest of all time, the de la salle team shows the world what it means to have school spirit. >> i am not sure if the players are really ready for this. >> we're ready. we're ready to go out there and hit em! every play! right now, baby! you know we came to ford field! >> they are calling you guys that you don't have a good offense. they are fired up. what do you say to them? >> gee -- we have a good offense. >> i think i got smie swagger back. >> all right. when did little floss turn into last straws? a blogger -- why do we make fun of these guys ? 21 real killers compared to joanne. some are more common sense like she was a thief. her politics both everied me. and he was illiterate. other reasons were stranger. he kept

judge napolitano is here. he will weigh in.of hollywood patriotic movies are they getting snubbed in central town. we will tell you which ones are in and which ones are out. what not to get your co-workers this holiday. he ends his show with i see had version of barry manilow's "mandy." should be good. it's the purple pill, the #1 prescribed acid blocking brand, available without a prescription for frequent heartburn. get complete protection. nexium level protection™ i was thinking about htaking this speed test from comcast business. oh yeah? if they can't give us faster internet or save us money, they'll give us 150 bucks. sounds like a win win. guys! faster internet? i have never been on the internet and i am doing pretty well. does he even work here? don't listen to the naysayer. take the comcast business speed test. get faster speeds or more savings, or we'll give you $150. comcast business. built for business. >>> is sell a little -- is del berating christmas against the constitution? a fire department chief hayes a sign a

judge andrew napolitano, always great to have you here.de pact great. >>> a state hero tries to impersonate an army ranger but gets caught in the act by a real veteran. >> why is your flag on your shoulder? should be up here. why don't you admit you're phony. you know it's illegal? >> will the impersonator be charged for his actions? one congressman thinks he should be and he's next. >> actors from the dukes of >> actors from the dukes of hazards are here. it's the purple pill, the #1 prescribed acid blocking brand, available without a prescription for frequent heartburn. get complete protection. nexium level protection™ ♪ when i didn't worry about the hepatitis c in my blood. ♪ when i didn't think twice about where i left my razor. [ male announcer ] hep c is a serious disease. take action now. go to hepc.com or call 1-844-444-hepc to find out how you and your doctor can take the next step towards a cure. because the answers you need, may be closer than they appear. ♪ because the answers you need, may be closer than they appear. will than

still ahead, judge andrew napolitano and charles kra krautheimer on the panel. >>> tonight we continue our profiles of possible 2016 presidential contenders. outgoing maryland governor martin o'malley had a very busy fall, so busy in fact many believe he has bigger plans. in the leadup to november's mid-term election, he campaigned heavily for democrats in key primary states. >> new hampshire needs to send jean shaheen to the united states senate to work for them. >> reporter: anthony brown's trouncing ended up being perhaps the biggest gubernatorial loss across the country perhaps for democrats. republican larry hogan will be sworn in in january. >> o'malley was cited as the main reason why. if you can't be supported by your own home state people and your choice as successor as governor is defeated pretty solidly by a republican when there have only been three republican governors since 1966, it doesn't speak well for you. >> since that defeat, o'malley has kept a low profile, including denying our repeated request for an interview. many argue he's still a 2016 contender. >> he has wo

joining me now, judge andrew napolitano, fox news senior judicial analyst. here going after these people because they assaulted two -- >> they have a duty to go after them. their obligation is to praekt everyone from this kind of assault, whether they're police or not. they have an incentive to protect their own because they are protecting the protectors. they will negotiate to find out who the other six are. this professor probably does not know who the other six were. they were people who just happened to be there at the times. and joined in on it. i'm sure he would be happy to have lers charges himself, but he doesn't know who they are. that's why they're going to use ebb handsed imageing so we can all see who they are. >> there's a difference between doing a peaceful protest, which you yourself experienced just last night, and when it gets out of hand like this. sfroo well, listen, the first amendment requires the government to give breathing room to protests. nobody gives breathing room better than the nypd. i have been caught up in two of these protest

i spoke to judge napolitano about this monumental decision earlier today, and take a listen to what hey. >> the definition of crime for 600 years in great britain and here has been harm where, there is no harm, there is no crime. the government cannot articulate who is harmed by this insider trade. >> right, he's saying the bottom line is that if the would-be tipster doesn't receive a benefit it's not insider trading. jim, do you agree with the judge there's no harm with this kind of stuff? >> absolutely don't. i'm sorry, judge, i'm going against you on this one. a system deemed to be unfair, system deemed to have flaws where people get a competitive advantage because the insider information won't attract new investors and grow the pie and make it work for everybody. this decision lowers of bar on insider trading cases, a blueprint for how people defend themselves. i don't know the specifics this case. i did the best to catch up on it. because the tipster could not prove he was not being -- >> financially monetarily rewarding. >> i disagree, i think it's going to unravel a lot of other

air i was disturbed by what happened in the staten island case, so did charles krauthammer, judge napolitano. all americans should be disturbed. but the bigger issue you're not acknowledgin acknowledging, the astronomical crime rate among young black men, violent crime, drive suspicion and hostility on the part of the police that have to deal with it. you won't acknowledge it, russell, you won't acknowledge it. >> let me say to you, broken glass laws, the way the police approach community is a problem. the police are afraid of the community. it is true. and i think that requires some sensitivity training. and that is where we have to start. if we want to start with the core, if there is crime or prison culture that ensues in the black community, or if the fabric of the black community is in some way disrupted has everything to do with your war on drugs. the 95% of the people that go to jail for nonviolent first time offenses are people of color. >> selling heroin and crack on the street a violent crime? >> what i am saying -- >> that's an easy question. can you answer that question. russell,

judge andrew napolitano, scary stuff. there's smart and scary smart and then there's twilight zone.hat's where he is. that's a good thing. >> i love you. >> ahead othe rush, are republicans trying to keep that $1 trillion spending bill hush hush? earning unlimited cash back on purchases. that's a win. but imagine earning it twice. introducing the citi® double cash card. it lets you earn cash back twice, once when you buy and again as you pay. it's cash back. then cash back again. and that's a cash back win-win . the citi double cash card. the only card that lets you earn cash back twice on every purchase with 1% when you buy and 1% as you pay. with two ways to earn, it makes a lot of other cards seem one-sided. if yand you're talking toevere rheumyour rheumatologiste me, about a biologic... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adults. it targets and helps to block a specific source of inflammation that con

. >> a political tug of war between governor brown and uc president janet napolitano.re's the governor stand? >> in part, yeah, this has been a long time in coming by the governor and others as well. for years critics led by governor jerry brown have been all over the university for runaway spending practices, at least in their terms, runaway spending practices, and lack of accountability. they've reasoned the state should know a lot more about its annual investment in the university, which this year amounts to $6.8 billion. the university has another story, it says it's been transparent with university mismanagement, in fact, university representatives counted the biggest cuts have been in administrative costs. there you have it. they also argue that with state cuts of more than $1 billion for several years in a row during the great recession, the university just has no other choice than to raise tuition. >> a lot of us have a stake in this, whether we're taxpayers or students or business leaders. what happens next? >> to place a constitution at amendment on the ballo

andrew napolitano says they do not. why not?> as long as what the media publishes is of material interest to the public, it is fair game. now, when people hacked into the government information or when people stole government information, watergate, pentagon papers-because it's the government, everything it does the public has the right to know. so the media was safe in publishing all of it. with respect to sony, as long as publishing -- who isn'that the interested in gossip belowabout celebrity -- then the media is protected. if some is truly private and of no interest to the public whatsoever, then the person victimizedded by its publication could argue they're presenting me in a false light. it's not fair. there's no interest in my, fill in the blanks, person aspect of the person's life. >> what if you're the -- niece people whose e-mails have been exposed ex-you're only publishing the e-mailed that are derogatory and not saying the good things i said about, let's say ex-george clooney. >> the media is at liberty to do that a

so did charles crowdhammer and judge napolitano. all americans should be disturbed.ut the bigger issue that you're not acknowledging is that the astronomical crime rate among young black men drives suspicion and hostility on the part of the police who have to be con fronted with it. you won't acknowledge it, russell. you won't acknowledge it. >> let me say this to you. the broken glass laws and the way that the police approach communities is a problem. the police are afraid of the community. if we want to start with the core or the crime that ensues in the black community or the fabric of the black community is in some ways disruptive, it has everything to do with your war on drugs. and 95% of the people who go to jail for nonviolent first time offenses are people of color. >> is selling heroin and crack on the street a violent crime? >> what i'm saying is -- >> that's an easy question. can you answer that question? >> 95% of the people who are incarcerated. >> am i invisible? are you not hearing me? are you not hearing me? >> i don't think selling drugs is a violent

. >> joining me now judge andrew napolitano who is fox news senior analyst and buck sexton former cia officer and nypd specialist. we begin with the judge. you think this is a good thing? >> well, i'm sorry that the report is written and i'm sorry what's in it. but in a democracy the american public has the right to know what's been done in their name especially when they've been misled about it. the american public is also entitled to know that the laws that govern the rest of us also govern the government. >> they're entitled to know even if it's going to endanger the lives of the intel community and those operatives who are still working on our behalf right now. >> the report is not going to endanger lives -- >> yes, it is. >> what the people in the report did is going to endanger lives. >> that's splitting hairs. >> no, no -- >> i'm sure that's going to come as a big comfort to the families of the dead analysts we're going to see. >> it's terrible what these people did what this report says they did. dianne feinstein is the chairwoman of the senate intelligence committee. theoreti

. >>> finally tonight, our very own judge napolitano here was a guest on the daily show earlier thismote his new book suicide pac. it turns out jon stewart is apparently tough to persuade. >> i saw rosewater will you read suicide pact? >> tell me tell you this, probably not. [ laughter ] >> you want the cliff notes? >> let me read you something here. we are very, very, very, very, very worried -- a lot of that is just filler. [ laughter ] >> is he a sweetheart. >> been on that show a bunch. the judge's book would be a great stocking stuff this year. >> 4, 3, 2, 1 speaking of christmas, a short time ago president obama gathered for the 92nd annual lighting of the christmas tree. always a great event. tonight included performances by patti labelle, fifth harmony. a lot of fun. a lot of people come in for that. 21 days until christmas. thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. >> senate minority leader mitch mcconnell soon have a lot more power. yes, come january, because the democrats took a beating in the november elect