george pataki is of course the former governor of new york. jonathan turley is an attorney who's handled national security and terrorism cases and also a law professor at george washington university. professor, why was a key witness not permitted to testify in this trial. >> well, for very simple reason. the bush administration tortured him. and while many people engage in euphemisms and bigous language waterboarding is torture. found torture under international law and found to be torture in u.s. courts and what in judge said is i'm not going to allow in evidence that was derived by torture. and those people that want us to introduce evidence, derive from torture, are taking us back, not just to the founding of this country, it's a perfectly medieval concept. that we long ago rejected. >> so, we lawyers would call this a fruit of a poisonous tree, having been barred from introduction into in trial. >> that's right. and this is a particularly poisonous tree. because what it does is it says that our country is fighting terrorism and the means

but governor pataki, weigh in on the pat-downs.security has to evolve. of course, it does. one of the evolutions has to be to listen to the american people. i travel all the time. we need to do everything we can to make sure that someone can't take a weapon or a bomb on to an airplane. i think the enhanced scanning that has just been deployed is a very positive thing. it does allow us to see potential risks we couldn't see before that. having said that, i still don't understand why the hundreds of thousands of people who fly regularly can't get some sort of bioidentity card where they can go through without compounding the problem. it could be done a lot more efficiently, a lot less intrusively and much less delaying manner. i think we should -- as they talk about evolution, why is that not at the top of the list? >> i think the rollout of these changes in procedure is the biggest problem here. people didn't really see it coming. >> the roll out is a problem because all of a sudden, you've traveled before and all of a sudden, there

testimony is patakied to -- expected to resume on thursday. >>> a quick look at other top stories from around the bay. >> reporter: leon was shot and killed while on a break from his ged class. police have few leads in the case but one source said they are looking at a couple of possible motives. they say maybe some of the problems he had may have fallowed him here. >> reporter: police are searching for three suspects who teraerized patesrens and employees here at chuck e. cheese. three suspects entering the store late saturday night. they demanded money from employees at gun point. the men fled the restaurant. three african american males. >>> the despite between meg whitman and her former housekeeper has been settled with both side declaring victory. a $5,500 settlement, neither side accepting blame. this is the last we will be hearing about this case. >>> busy through the weekend, showers, rain, windy conditions, cold temperatures. we have the o? >>> dramatic video of a jewelery store robbery. happened monday. you can see six people in black, you see them there, storming into a jewe

as were all the regents and because governor pataki had presidential ambitions, he became completely paralyzed. he had told me exactly how he was going to put it in place, and then nothing happened. so i went to, i devised a different strategy. i thought the only way for college presidents to have the spine to defend academic standards which they all claimed to support was to get another actor involved, and that would be legislatures. i went to the colorado legislature and asked them to devise a resolution, not a law because it would be a very bad idea for legislatures to try to run universities. that's a very bad idea, nothing that i've ever supported. but to pass a resolution urging the university to adopt an academic bill of rights. and i went to the president of the university of colorado and asked her to do the same before i went to the legislature. and she had said to me, we have all these protections, david. just go up to our web site, and we don't have a problem. when i went to the legislature, the first thing that happened was even before we published the academic bill of ri

former new york governor george pataki has said he's not running for vice president, but also said he'sot running for senate in 2012, yet his name continues to surface for both. former united nations ambassador john bolten, a fox news contributor, refuses himself to rule out a run, saying he's flattered people think he could be mounting a challenge, which would definitely highlight national security issues. then there's donald trump, who certainly has the pockets if he wanted to throw his hat into the ring. >> it could be fun, because i'd like to see p.o positive things happen for the country. i'll make a decision probably by june. >> if they had to bet, analysts would put their chips on one of our 12 in 2012 potentials becoming the next republican nominee. let's get thoughts on the possible contenders in our 12 in 2012 field from syndicated columnist charles krauthammer. good evening, charles. >> hello, bret. there's a lot of candidates, but there's a theme. one of the lessons of the midterm election there's charisma only gets you so far. we tried it. no one since reagan had more sheer

george pataki is here with reaction to what's happening in the economy. >> good morning, bill. bill: tough to see vel ma hart. she spoke for so many. >> it's very tough. your heart break phos her because she is someone who worked hard, wanted to live the american dream and for the moment it's suspended and she's not alone. we just are not seeing the job creation we need. bill: we'll talk about that. what we talked about, she and me husband did not want to eat hot dogs and beans, she thought those years were over, and her employer said she got bit by the same snake that has bit a lot of people, most nonprofits are seeing their pennies pinch pinched. you were governor of the state for years. what are the priorities now? >> i think it's important that republicans have control of the house starting january 31st, that we not just criticize but have an active agenda and one of those agendas should be to let businesses large and small know economic certainty going forward that their taxes aren't going to be raised so one of the priorities should be to just make it plain, that in a rec

tended a seminar -- attended a seminar where five or six people who'd been appointed by governor pataki were examining the state hospitals and how many should be closed because we're overbedded. it's very expensive. every bed, whether it's occupied or not, costs money to maintain. and steve berger was the chairman of that particular committee, and he was at this 'em far. and i was present because they were sell rating -- celebrating the museum of the city of new york, had an exhibit on my administration. and they said, do you have a question? i was in the audience. and i said, yes, did i do the right thing, said i, in closing sidenham hospital? and every one of them said, absolutely. but i didn't. why? because the intollic value -- symbolic value to the black community was far more important than the -- i think it was actually clash 9 million that we saved -- $9 million that we saved aside from the health care. but it's it was the most costly per-patient hospital in the system. i could have been a hero in the black community if i had saved it. instead, i said, no, the medical care's bad

eyes on, maybe running for the white house, there's a huge list, getting bigger, add george pa a patakie thought of 2008. he didn't do it. comments to abc news yesterday indicating maybe, maybe he wants to run in 2012. we'll keep an eye on all of these guys. two years away. the clock is ticking, kyra. >> you know, about how much money was spent to attack nancy pelosi during the midterms? >> a lot of money. a lot. let me give you some numbers. brand-new numbers of campaign media analysis group, doing analysis of the groups from the beginning of the year through the midterm elections. record breaking. more than $65 million spent on ads attacking the house speaker. 161,000 ads ran. the whole idea by republicans was to try to tie democratic candidates to the house speaker. why? because polls suggested nancy pelosi is not well liked by most americans. our recent numbers before the election indicated 1 in 4 people had a favorable opinion of here. record breaking money and ads tying democrats to nancy pelosi. i guess in a way successful because, of course, the republicans as of right now picke

we have steve forks, governor pataki, congressman jason altmire is getting a lot of attention to talk with the u.s. economy plagued by debt, of course. and also natalee holloway's family waits for word on the dna of a jaw bone found on the beach. bill and i join us at the top of the hour. >> brian: we are back. it's a thank you to our armed forces who put their lives on the line every day to protect our freedom. singer song writer joe brocato was inspired to write the song "thank you soldier" after learning about fallen u.s. soldier jason johnson. jason was deployed in afghanistan last year when his unit was attacked by an i.e. d. jason was the only one killed in the attack. with us right now is jason's dad, brad johnson, and singer joe brocato. i'm so sorry about your son. and this is also a story that motivated joe to write the song and part of the reason is your son is one of the many who said, not only do i do one tour of duty, i'm going back again. he didn't have to. >> no, he didn't have to go back. as a matter of fact, the government rescinded their decision not to send him bac