tv Special Report With Bret Baier FOX News December 16, 2013 3:00pm-4:01pm PST
and if you hash tag i hold on, you can submit one. i did one with jasper and i've driven bob crazy, mission accomplished. >> charming. play your dvr so you never miss an episode of the five. >> 59-50. a federal judge slams the phone on the nsa, ruling the spy agency's collection of your calling information is illegal. this is special report. >> good evening. i'm bret baier. you can bet there are plenty of phone calls back and forth between the nsa and the obama administration tonight, because a judge today said the agency's program to collect data about virtually every call in the u.s. is unconstitution. chief intelligence correspondent catherine heritage has been on her phone all afternoon and has her reaction.
>> the u.s. district court judge richard leon finds that the bulk collection of records, known as section 218 of the patriot act is in contradiction to the amendment. the nsa's bulk telephony meta data program significantly intrudes on that. in cases involving imminent threats of terrorism. the suit brought by larry clayman of freedom watch against the obama administration challenged the constitutionality of the bulk collection of phone records and the nsa's authority to do so. tonight the ruling is described by civil liberties group as a setback for the obama administration and the nsa. >> the reasoning is -- it is broad enough that it effectively holds the whole program to be constitutional -- unconstitutional. so i don't think it will be easy
for government to argue that this program could continue given that a judge held it is illegal and violated the fourth amendment. >> patrick layhe who introduced the freedom act to end the bulk collection of phone records said americans deserve an open and transparent debate about the constitutionality, efficacy and the appropriateness of the government's dragnet collusion of phone records. and it was found unconstitutional. the decision is on hold pending an almost certain appeal by the justice department where they believe the phone records program is constitutional with judges on the national security courts sharing that opinion, bret. >> we'll follow it. catherine, thank you. division in the government over whether to offer amnesty to the former contractor who revealed harmless secrets about
the agency. assessing the damage caused by edward snowden, they are willing to consider it but cia director keith alexander said he is not. and this afternoon the white house said their position is joe den should face due process has not changed. there are concerns about those assigned to guide you through the obamacare system, and a harm over the way politics is played and how the administration has done business. ed henry has all of that tonight. >> house republicans continued their assault on president obama's health care law today with a field hearing in texas zeroing in on the workers who try to help enroll people. darrell issa a frequent critic aired navigators have weak background checks that may expose consumers personal information to fraud and claims that navigators have tried to encourage enrollees to lie about their income in order to raise their subsidies.
>> we cannot have a repeat of the acorn like activities that led to too many people believe tlg was -- believing there was something for nothing and ultimately ending up with nothing when they started with something. >> jay carney was harsh in his rebuttal, declaring issa is a partisan trying to undermine the law at all costs. >> this is just one more data point in the republican obsession with sabotaging obamacare. all navigators must complete hours of training, including on privacy issues. and this is not just a one-time process. >> and a poll across the country say many are skeptical of the law, beyond the republicans and millions who have received cancellations. a poll shows 76% of americans who have health insurance blame rising deductions and premiums on the president's law. and a poll shows a drop in
support of the president among young people. 40% of 18-29-year-olds approve his performance. >> it will cost more. accessibility is less and the quality will be less. that is not right. that is not what the american people want. >> democrats insist part of the problem is republicans are rooting for failure. >> this is an important step forward. no one wants to go back to the point of having our insurance companies decide whether or not we get health care or not. i'm rooting for us to be able to make that decision. >> understand. >> but former administration officials who alleged in the washington post over the weekend that the white house delayed enacting a series of regulations on health care and other issues in 2012 to prevent them from blowing up during the campaign. carney stressed that in the election year the administration did issue more than 20 rules related to the affordable care act alone. >> our goal is to move -- is not to move rules hast illy but to maximize the effectiveness and benefits of the rules we complete. >> now the president will meet
here tomorrow with a slew of top tech executives from companies like apping, facebook, twitter and netflix. they are going to talk about the nsa issue and healthcare.gov, undoubtedly some officials here wish that happened before now. the critical senate vote on the budget compromise is scheduled for tomorrow. this evening chief congressional correspondent mike emanuel tells us about a important bill with tepid support. >> the pressure is on senior democratic leadership to deliver votes for the bipartisan budget compromise crafted by paul ryan and patty murray. democratic whip dick durbin predicted on sunday it won't be easy. >> the struggle is still on in the united states senate. we will need about eight republicans to come our way. i feel we'll have a good, strong showing from the democratic side. but we need bipartisan support to pass it. >> several key conservatives including south dakota's john thun and jeff sessions say they cannot support the deal.
>> i'm a little uneasy that we're going to say we're going to pay for that extra spending in years 8 and 10 over the next 10 year budget. >> marco rubio came out early against the measure. >> it raises it by $60 billion and it pays it in ten years. over the next years they'll forget it and keep borrowing more. >> warren hatch said he could support it, saying with democrats controlling the white house and the senate, it is the best we can hope for. he is backing it because continuing resolutions are wasteful. >> i can't emphasize enough how moving from one continuing resolution to another, that is a bad way of funding the federal government. it is not good in terms of effective and efficient government spending and it does harm our economy. >> another yes is john mccain who favors the sequester cuts on the pentagon. >> as you know, i'm particularly sensitive about the military.
i've talked to our military leaders, they say they badly need this relief. >> virginia democrat mark warner said, while not perfect, it is a step in the right direction. >> providing certainty for two years is important and it will allow the budget process to make smarter cuts and squeeks by having -- seek westation. >> and ryan said it does provide stability. >> it is important that it prevents government shutdowns, it is important that it rejects tax increases. >> a likely scenario is leadership rounds of 60 votes to proceed and facing tough re-election are permitted to vote no on the passage and it still wins by a simple majority. >> mike, thank you. coming up new hampshire senator kellialot in our center seat. do you have anything to ask her.
let me know on facebook.com/brett beyer or twit with #brett beyer. and you see there are a backlash on the people who support it but that doesn't mean there are not good and bad points that can be pointed out. here to do that is brit hume. greeng -- good evening. >> good evening, bret. if the bill passes, it will get them past another struggle over spending and taxes without either a threatened or actual government shutdown. people may not think much of the government these days but they don't like shutdowns and they never blame the democrats when they happen. the worst thing about the deal is that it lifts the legally mandated caps on spending for two years and those caps had reduced government spending for two years running, a rare occurrence. but that brings us to the second best thing about the deal, which is that it spares the defense budget already heavily depleted under president obama from a deep further round of cuts.
for complex budgetary reasons the military was set to absorb most of next years reductions and it did not go down with right wing groups, most of them trying to defeat incouple pent republican politicians. part of that failed so spectacularly last october. mitch mcconnell has declared war on one of the groups, the senate conservative groups. john boehner is not afraid of them and that is probably the third best thing. >> what about the political fallout. for paul ryan, conventional wisdom is that this plays well for him. what about the people voting no who may run for president or the marco rubios, the rand pauls or ted cruz. >> rand paul is someone would expect to vote no on this. but marco rubio not so much.
so why would marco ruby be against this? i think the question is simple. he would like to run for president. he alienated his right wing with his party with his stance on immigration and got in hot water with them and he is working to gain their support ever since. he was against -- i think he voted in a lot of people's eyes, with the tea party on the shutdown and in the end he eroded against that and he is voting against this. over time perhaps he'll adhere to a different course but right now i think he is doing what he is doing because he got in hot water and wants to get out. >> thank you. the stocks were up, the dow gains 129, the s&p 500 finished ahead 11, the nasdaq was up 29. up next an explosive ruling with huge cultural implications regarding marriage. but first here is what fox affiliates across the country are covering. fox 5 in new york with what
baron rrz calling -- bar owners are calling the biggest day of the year. this year santa-con saw people dressing as the jolly elf and christmas spirits. fox 5 in washington with how the postal service is handling its busiest day of the year. three times as many letters or packages will go out today as on any other day. and this is a live look from boston, wfxt, the big story is the bomb threat that forced the evac -- evacuation at the harvard campus as people were taking exams. that is our special report. we'll be right back. farmer: hello, i'm an idaho potato farmer.
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historic court ruling have to do with two volatile suspects, sex and religion. shannon green explains. >> what the opinion means for pollic mus -- polygamous families are transformative. >> in response to a lawsuit brought by a reality tv family, a family judge in utah has ruled that polygamy will not be criminal in that state. while stop shorting that pollic mus families can obtain multiple marriage licenses, the judge struck down the religious cohabitation with multiple partners, a victory that is no surprise. >> if you look at the trend of the law, it has been towards greater protection of individual choices to get the government out of homes and bedrooms, to prevent the majority from dictating the morale code that -- moral code that everyone must live by. >> many are not surprised either
that they predicted this turn of events. >> we find our sxz in -- ourselves in stranger and stranger situations when it comes to redefining marriage and the question is where does this end and stop? i think we would all agree there is some limit on what can be defined as a marriage within the public realm. >> in his opinion, the judge wrote that, quote, the proper outcome of this issue has weighed heavily on the court for many months. writing that it would have been easy to find against the plaintiffs but, ultimately, the court has concluded this would not be the legally or morally responsibility in this case given the current contures of the constitutional protections at issue. utah govern said he is concerned when major changes are done via the court system rather than through the legislative branch. he is reviewing the 91 page condition and considering whether or not to appeal the ruling. bret. >> shannon, thank you. the mastermind behind a navy
charity fraud has been sentenced to 28 years in prison. the man who identifies himself as bobbie thompson was convicted of looting the navy charity that he ran before disappearing for nearly two years. thompson has denied the charge and his defense has hinted at a cia covert operation. still ahead, kelly aot of new hampshire in our center seat. first china has landed on the money and it is get justing started. ♪ [ female announcer ] can you bridge a divide with a fresh baked brownie? ♪ yes! yes you can. bake the world a better place with nestle toll house.
china appears to be challenging the u.s. >> from state run media images of china's first lunar rover, an unmanned six wheeler snapping high resolution photos of the moon's surface. at the aerospace control center, the chinese president looked on, beaming as beijing voyed to -- vowed to land on the moon. the u.s. space program which was the first to reach the moon 40 years ago today languishes, with astronauts not able to make it to the moon without hitching a ride. >> let's think nationally. let's think about national pride and make sure we are not sending americans to space on another country's space ship. >> reporter: china is extending the earthly reach, especially in latin america where a chinese telecom billionaire has a pact
with nicaragua to build a commercial waterway envisioned three times as long as the panama canal. u.s. officials dismiss suggestions that while china embarks on bold transcontinental ventures, american prestige and standing are suffering. >> we said as china grows, we will be a partner with them. we're working on a host of security challenges around the world and we'll work with them when we can. when we have disagreements we'll weigh them. >> china is investing in africa, spending $100 billion to bank roll 200,000 developments there. a trend about which america's top zip low matt has -- diplomat has presented disguises concern. >> china is all over africa and buying up long-term contracts on minerals and you name it. and there are some places where we are not in the game, folks. >> chinese activism presents
acute energy challenges, that china will see demand for gas soar by double-digits through 2020. bret. >> james, thank you. it is monday and that means the sr bank pulse is still on the job. go to our home page foxnews.com/special report and watch the simple instructions. it is your chance to sit on the panel and provide feedback and access it on your smoeb or tablet -- on your smartphone and tablet. no grapevine to bring you republican senator kelly ayotte in our center seat. impact life expectancy in the u.s., real estate in hong kong, and the optics industry in germany? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutuafunds beat their 10-year lipper average.
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talk to your doctor and visit crohnsandcolitisadvocates.com to connect with a patient advocate from abbvie for one-to-one support and education. scramble at the white house in a ruling today. a 68-page ruling from judge -- district judge richard leon, in which he says that the bulk collection from the nsa of american phone records appears to be in conflict with the u.s. fourth amendment, the constitution. plaintiffs have a very significant expectation of privacy. the nsa's bulk telephony meta data program significantly intrudes on that. i have a doubt that it is a means of conducting
time-sensitive investigations of cases involving imminent threats of terrorism. the judge's ruling is said to hit the nail on the head. it is clear that the bulk phone records collection is intrusive as some have said. let's bring in our panel. we welcome katie pavlich, kirsten powers and charles crowd hammer -- krauthammer. it seems like a big ruling today and the white house was playing out how this would play and everybody was waiting to see how this would play in the big picture play. >> and there was calls to end the nsa and with this ruling it is not necessarily do we end it skmeetly -- pleatly-completely, but it comes down to search and seizure and whether the nsa will have to issue search warrants
for people they are looking into rather than a broad approach and putting everybody in the same buck you the for someone -- buckets for someone they are looking for. >> this comes after the big 60 minutes piece last night and on capitol hill there were efforts, the administration was looking at things. there is pushback saying you can't do that if you are going to risk national security. >> well, you can't violate the constitution. you can't use national security as an excuse to violate the constitution and the judge is saying you have a reasonable expectation of priefs that -- privacy and that the government is not keeping track and storing information about phone calls that you make and i think that this is a major blow to the administration's argument, it is a vindication of edward snowden who was called a traitor. he wouldn't have known this if not for edward snowden. >> edward snowden says i acted on my belief that the nsa
programs would not with stand a constitutional challenge and that the american public deserves a chance to see these issues determined by open courts. today a program authorized by the secret court was, when exposed to the light of day, was found to violate public rights. >> it is not yet as he made a constitutional ruling, using an injunction against the collection of the data but stayed the injunction so the administration, the government has an opportunity to present a case. because national security here is at stake. so he said, if the issue came to him as it will in time, he is inclined to rule that it is unconstitutional but it is not a ruling yet. second, he's only one judge. we have no idea how this would end up in the sweem courts -- supreme courts. third, the administration and the previous one had acted under the last supreme court ruling on
this issue, the smaj case of 19 -- the smith case of 1979 that said there is no reasonable expectation of priefs in the case -- privacy in the case of meta data on phones. so it was acting within the current understanding of the constitution. what leon is arguing is that the use of this phone, the way this information is more detailed today, is different than it was in the '70s and thus it is an invasion of the fourth amendment. but that issue is yet undetermined and there is no definitive ruling yet. so it isn't as if snowden is vindicated, he is not a constitutional lawyer and if he was interested in this, he would have leaked only this instead of taking the -- everything that he had into russia and china and kept it from the authorities. >> that is an important ruling. the judge's ruling is stayed right now pend ago peel --
pending appeal. you have something to say. >> he may not be a constitutional lawyer, but like it is true that this is in light of fashion alleghany security issues, he's clear in his reasoning he makes a good case this is unconstitutional and the case they rely on is completely outdated. >> we'll follow this. meantime, katie, there is talk about whether snowden should be given essentially asylum and welcomed back here because he has all of these records and that he's a threat to national security and he should be given a deal. >> i think that ship has sailed. he's been to multiple countries and he's in russia now, if you think they are not after him, he's been there six months, that ship has sailed a long time ago f. they were going to do -- if they were going to do it, they
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we are back with our panel and joined in our center seat by new hampshire republican senator kelly ayotte. senator thank you for joining us. we know you are in between votes so thank you for your time. >> it is great to be here, bret. >> where are you on the vote for the budget tomorrow and how will you vote? >> well i appreciate the bipartisan work by congressman ryan and murray but there is a provision we need to change. we are taking it from the backs of our military retirees to pay for spending and this takes $6 million for the retirement, the cola they receive and they are the only group that gets hit directly. the changes for the federal
employees are prospective for new hires. and so i think that if you think about it, a man or woman right now serving in afghanistan probably on their third tour could be more than that, they could have served in iraq as well, 19 years in and the message we are sending them right now is that you of all people in this agreement will be singled out and you will receive less. i think that is wrong. i've introduced an amendment for another pay-for that i think is much more responsible so we'll save the same amount of money so we don't have to take it from the military. >> senator mccain said he is assured this will be taken up in the next year's authorization bill and doesn't kick in until 2015. he said if you have to deal with it now, it starts to unravel everything else and that is not good enough for you? >> it is not good enough for me. because in washington, we'll review it, but what does that get you? i don't think it solves it and
too many things go under review and never get addressed. i don't think $6 billion is a deal breaker. i've introduced two amondayments today on ways to save money. over the 10-year window we'll spend $47 and we can't find fraud or abuse rather than to take it from our military retirees, i think that is absurd. >> senator there is talk about the $60 billion and the money being paid back in say, ten years, but you've mentioned there are tons of duplicate programs, the government accountability office shows there are $250 billion a year in government spending and can you talk about whether washington will take this into consideration instead of taking this off the backs of the military. >> i've repeatedly tried to
co-sponsor legislation to require the president to make recommendations and for congress to report on the report, the fraud abuse and we haven't implemented any of that and here we are, let's take from the on a deal that doesn't deal with the underlying drivers of our debt but singling out this particular group of people who have acfiesed -- sacrificed for us. >> kirsten. >> the debt limit will hit again in a couple of months and paul ryan said the republicans will want to extract something for this. what do you think it will be? >> it is hard to know. you have a -- if this agreement passes, it is a two-year budget agreement. so i don't know what the republicans will extract from it, with the two years set in place. i do hope that we focus on the underlying driver's of our debt. really looking at reforming programs that are going bankrupt, making sure that we can set our country on a stronger fiscal path. those issues aren't addressed in
this agreement. so i'm not clear yet what the house will put forward but it has to be something connect the to our -- connected to our. at times they talked about unrelated provisions but if you think about the debt ceiling, you don't want to increase the debt limit on your credit card without dealing with the underlying problem and that is the key for republicans, is to keep it on problems. >> charles. >> let me switch to sanctions on iran. will the bill pass the senate and how many democrats will you get to oppose the administration? >> well, i think that basically what we're going to see now is there is a lot of concern about this so-called interim agreement with iran. they don't have to dismantle any centrifuges, the plat ownum reactor is not dismabtled and we'll see another proposal of sanctions that says to the administration if they don't follow through with real, measurable results as they are
supposedly saying to the administration, then another round of sanctions will be imposed by congress automatically. >> will it kick in automatically without allowing the president a waiver? >> it will be kicking in automatically. i think that the legislation that i have seen so far does have a waiver provision in order to get democratic support. >> then it is useless. >> i agree with you, charles. i think there will be strong certification but i agree i would like to see no waivers. here is the thing, we are in a position right now, where the administration has been saying, i think, too much, don't impose additional sanctions because this may cause iran to back off. i take a very different view. my view is that if iran is serious, why should they care about prospective sanctions because they won't have to worry about them if they are serious. >> but if you are serious to impose the sanctions if iran is
unresponsive, we know the president will waive it if he has a chance. so why don't you stick to an automatic kick--in. >> i am happy to vote for an automatic kick in. i would introduce legislation tomorrow and so would my colleagues, we are not getting support for that on the other side of the aisle. but i think it will be very, very strong, the president will have to meet at least. >> but why not expose to the world and introduce it without that waiver which is an escape hatch. >> well agree with you. i think the waiver provision is -- has been used too much from the administration. >> i beat that horse. >> you did beat it. >> a follow up from charles is good. senator. but i want to ask you this because we get it all of the time. is the benghazi story going to continue, is the investigation going to continue and lead to some kind of independent panel or do you think that it's run its course in your mind?
>> well it hasn't run its course because we haven't gotten answers. >> but is it -- on capitol hill, is the impetuous still there? is somebody blocking it? we get these questions all of the time? >> think the -- i think the republicans are in charge of the house. they can have a select committee on this issue. >> so why aren't they? >> that they haven't had. i have urged the leadership in the house to do it. and if we were in the position in the senate where he we had -- where we had the majority, i can assure you, we would do it. there are enough of us that say this has to be looked at and not in a piece meal fashion baund the administration has -- because the administration has said we'll answer you here but not over here. and i think we have to look to the big picture of what happened in benghazi. i'm disappointed the house hasn't had a committee and in
the senate we will continue to push with any means we can. but obviously the house having a majority right now for the republicans, i would like to see them do the select committee. >> does the budget pass tomorrow, does it get passed? >> right now i'm hearing there may be enough votes for closure but they haven't been fully identified yet. >> is it close? >> it is close. from when i've seen which of my colleagues come out and said they will support closure, as far as i've seen, i've seen five now and so if all 55 democrats were to vote for closure and everyone is present, now everyone is not always preblt -- present, it is close. >> what are you on closure? >> i'm no. because i don't think this provision can be fixed and fixed with savings that don't take it from the backs of our military and don't single out our military. understand, the military retirees get hurt on this agreement where the federal
employees, the changes only goes to new hires. so the military didn't get the same protection and i don't understand why that unfair treatment given -- you would think we would treat them the best with what they've done for our country. >> senator, we appreciate the hussle and we know you are in between votes. we thank you for your time. >> no, i appreciate it. thank you. >> more with the panel after a quick break.
as possible but when it comes to rules with significant impact, we take the time needed to get them right. the administration is committed to a regulatory strategy that maintains a balance between protecting the health, the heal and safety of americans and promoting job growth and competitive innovation. our goal is not to move rowels but maximize the rowels we complete. >> jay carney in the white house with an answer to the washington post story about regulation held back on not only health care but the epa and others because of the election year. what about this? >> well, the story alleged that there were seven current and former employees who were making this claim. it is not based off one person and the fact that jay carney didn't address that but prepared statements. if the washington post story is
correct it is a problem with obama care. this is particularly corrupt. i think they are going to it have to give a better answer than that prepared nonsense. >> frankly some of the people testifying on the hill on the website side basically said the reason they couldn't roll it outectively, the regoulgzs didn't come out until later. network the white house said it was consequencial that the reguldzs were not pulled through until after the election. the problem is, they didn't want to give mitt romney more ammunition. he ran on the idea of the obama administration overregouting. but they are being dishonest. why they were pushed back. to say it was coincidencial.
>> translation of that word salad that we heard from jay carney. you got me, what can i say? when you have seven people who say that this had to do with the election, the administration was manip outing the process, but it isn't only in regoulgz. look at how they used the election day and all of its action. debt ceiling fight of the year earlier where obama said i will only go for a long- term one. that meant that the debt seouling would hold until after the election day in 2012. you also had a strange decision by obama to conclude the fighting in afghanistan in that year before election day in the middle of the fighting season where everybody understood the
logical thing to do before or after which would end up in the winter. and you also had the arguments about the benghazi investigation another amazing coincidence. this it administration that was powerly political and obama campaigning and saying repoetedly against the republicans in 2012, these guys, the republicans, the gop care only about the next election and not about the next generation at a time when his administration was manipulating the regulations and obama care that actually hurt the roll out of obama care. >> what about this, this it field hearing that republican chairman darril issa held about the navigator and weak background checks and exposing personal information? >> i think he is stick to the
problem of obama care where you have the whole country on your side and quit going back to acorn that is a tactical issue. look, it seems that every aspect of obama care, there seems to be rifled with incompetence nothing is done correctly. i think the idea that are wine surprised that the navigators don't have good background checks? it seems that every component of this is not done correctly. and the administration needs to account for that and explain why and how it happen and so people are held accountable for. it >> the white house said it is one more data point with sabstaging obama care. >> i would say when you have the health and human services under oath under congress that the navigators are convicted felons
that should be taken seriously. in addition to. that we have seen under cover video that showed people were urged to lie on the application forms they could get bigger subsidies. your personal information shouldn't go to complete strangers without a complete back growned check. >> and the latest foreign leaders snapping a picture of president obama in the high lights. for over a decade
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benghazi investigation hasn't run its course because we have not been given answers. finally tonight, president obama may need to mend fences with a few foreign leaders and after the mandela funeral. one of them decided to make an appearance. >> it is germ nan chancellor americale. >> what are you doing here? >> i have a favor to ask. the danish prime freedom has been bragging after herselfie with you and i was hoping i could get one as well. >> i don't think so. >> oh, really? i feel like you owe me after wiretapping my cell phone. >> okay, but make it quick. okay, that was source and now let's do a fun one.
>> there you go. that is it for your special report. fair and balanced. and on the record is right now. do you sometimes wonder if the white house thinks that you are stupid and does press secretary jay carney believe this? >> today we are focusing on the savings that millions of consoum ares have seen because of health care law that produces more value for the health premium dollars. >> you heard many horror stories on the roar. and a new associated press poll said scene percent of the americans say their premiums are going up. and 59% said co-payment and deductible is increasing. joinings is south