>> all right, set your dvr so you never miss an episode of "the five." "special report" is next. former vice president dick cheney live on the cia interrogation report in just a few minutes. tonight, more strong reaction to the findings by the democratic controlled senate intelligence committee that cia message were mismanaged, more brutal that initially believed and ineffective. one of the detainees was one of three released today from a prison in afghanistan. the senate report said that he was never charged and left a broken man by psychological pressu

pressure -- and that fact has many in the president's own party still unsatisfied. chief white house correspondent ed henry begins our report tonight. >> reporter: the fall outspread to president obama as his leadership came under fire. he said not just the bush administration is to blame because this president is protecting cia director john brennan. >> the administration needs to purge the cia high level officials. director brennan and the cia today are continuing to willfully provide interactive information and misrepresent the efficacy towards sherman, in other words the cia is lying. >> the aids say the president has full confidence in brennan. he says those tactics prevented

attacks. dick cheney called the senate report a crock and was slammed today by the white house. >> he also predicted that american troops would be welcomed as liberators in iraq so he's got a not particularly strong track record when it comes to articulating the policies that this president believes is in the best interests of the country. >> spokesman josh -- though a psychologist known as the architect of the cia's enhanced interrogations told vice news, using those tactics on 39 detainees pales to using drones to kill thousands. >> to me it seems completely indiai indiai incensable that going into -- is okay, for a lot of reasons. one of the reasons.

children you can't question. >> we have seen many cases around the world where u.s. drones have killed in effect civilians, despite those safeguards. so how do you have a moral authority. >> what i'm saying is that is a stark difference than the tactics that are employed by our enemies who seek to use car bombs to target innocent civilians. >> any leaders from the bush white house who approved these tacticses should now be prosecuted by the law said the president's own justice department has decided previously not to press charges and they said they're sticking with that. >> joining us ely to discuss this report is former vice president dick cheney. >> first of all, your overall impression to this report, what's in it and its release. >> i think it's a terrible piece of work, basically, it seems to me it's deeply flawed.

and i think that it's sort of a classic example which you see too often in washington where politicians get together and sort of throw the professionals under the bus. we have seen it before in iran contra. what happened here was we asked the agency to go and take steps and put in place programs that are designed to find the guys that killed 3,000 americans on 9/11. >> the report suggests that president bush was not fully briefed on the program and was deliberately kept in the dark by the cia. >> not true. didn't happen. read his book, he talks about it extensively in his memoirs, he was in fact an integral part of the program, he had to approve it before we went forward with it. >> was there ever a point where you knew more about the program and whether -- >> i'm not quite sure how to answer that, there were lots of

things i read while he was doing other things, he had a much broader portfolio than i did and i spent a lot of my time just on national security. but i think he knew everything he needed to know and wanted to know about the program. >> did he know the details? >> i think he knew certainly the techniques that we did discuss the techniques. there's no effort on our part to keep him from that. he was just as with the terrorist surveillance program, he had to personally sign off on that every 30 to 45 days, so the negotiation that the committee's trying to pedal it, somehow it will agency was operating on a rogue basis, and we weren't being told or the president wasn't being told is a flat out lie. >> reports suggest it's been four years. >> he talks about with respect to the detention program and then with respect to the enhanced interrogation program. it s.t.a.r.t.eds.t.a.r.t.ed --

the summer of '02 and was reported. >> when told about one prisoner being -- even a president known for his dead or alive swagger expressed discomfort, true? >> i don't have any idea. i have never heard such a thing. >> i guess partly what really bugs me as i watch all this process unfold, the members of the cia did exactly what we wanted them to do in taking on this program. they said we have got to go use enhanced techniques. khalid sheikh mohammed who was the mastermind of 9/11, who has killed 3,000 americans, hit the pentagon, would have taken out the white house or the capitol building, if in fact it hadn't been on for the passengers on united 93. he is in possession, we know he's the architect. what are we supposed to do kiss him on both cheeks and say tell

us what you know? of course not. we did exactly what we needed to do to catch those who were guilty on 9/11. >> the report says-zbloe the report's full of crap. let me use the real word. >> you're on cable. >> it's okay, you can bleep it. >> you're saying that this led to actionable intelligence? >> absolutely. >> look at the statement by the former directors and deputy directors of the cia issued just within the last 24 hours, it did in fact produce actionable intelligence that was vital in the success of -- >> some of the tactics described in this report are horrifying. i mean is there anything that u.s. officials interrogators are alleged to have done that you would consider torture? >> i don't know all the allegations that are out there, torture was something we very carefully avoided. one of the reasons we went to the justice department on the program was because we want them to tell us where's the line

legally between what's acceptable and what isn't. they did, that's what came forth in the legal opinion that we got before proceeding with the program, bret. this is in terms of there being some problems in the program, there may well have been, but i don't think they represented -- the senate report represents the truth of what actually happened. they put together a report, without ever talking to anybody that was involved in the program. >> at one point this describes interrogators purreeing food and forcing it into his rectum. something called rectal rehydration. >> i can't speak to that. i guess the question is what are you prepared too do in order to get the truth about future attacks against the united states? that was not one of the authorized or approved techniques, there were 12 of them, as i recall. they were all techniques that we used in training on our own people. even waterboarding.

people have been very concerned about torture, first of all it was not being tortured by the lawyers, and secondly it worked. and in fact that provided us the information we needed to prevent future attacks. >> how intimately involved were you involved in the legal process of setting up that justification. in other words, the frame for torture was narrowed in these legal decisions, a memo in august 2002, that essentially reframed geneva rules on torture, and said the president had a lot more authority. you were intimately involved. >> strongly supportive of the program, strongly supportive of the opinions coming out of the justice department. the work that was done was, i think absolutely essential, absolutely crucial. and i guess the thing that

always struck me was how careful the agency was when they said we need the approval of the president of the united states and the national security council and they got both and they dead a hell of a job. >> but you rewrote -- >> i didn't rewrite the justification. the office of legal counsel and the justice department. >> you had an intimate roll -- >> i am strongly support tiff of the program, i didn't read the opinion and say you've got to change this and change that, but my job as vice president who was actively involved in the national security area was to push to get programs like this in place which in fact the cia said they could produce better results if they had more authority. we got them that authority. >> you had one detainee, who died in captivity in november 2002. >> 3,000 americans died on 9/11 because of what these guys did. and i have no sympathy for them. i don't know the specific

details, i'm sure there were instances cited in the report, i haven't read the report. but i know for a fact -- >> you haven't read it? >> 6,000 pages. >> but the pertinent parts of it. >> it comes back to the basic fundamental proposition, how nice do you want to be to the murderers of 3,000 americans. >> what do you say to the people that say that americans is better than these -- that john mccain takes the senate floor yesterday and gives a pretty impassioned speech. take a listen to a piece of it and then i'll get your reaction. >> i dispute whole heartedly that it was right for them to use these methods, which this report makes clear, were neither in the best interests of justice, nor are security, nor the ideals we have sacrificed so much blood and treasure to defend. we are always americans.

and different, stronger, and better than those who would destroy us. >> your reaction to that, sir. >> that john and i have a fu fundamental opinions on the program. >> if you have a request for vice president cheney let me know at facebook.com or on twitter, you can use the hash tag special report. we'll use some of them in this next segment. so tie a type fast. for over a decade,

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we are back with former vice president dick cheney. mr. cheney defenders of the

program and you say we forget about what happened on 9/11. after that you told the late tim russert this. >> we also have to work sort of the dark side if you will, we have got to spend time in the shadows in the intelligence world, what's going to be vital for us to use any means at our disposal to achieve our objective. >> mr. vice president we have been attacked, but not a spectacular attack since 9/11. so did the ends justify the means? >> absolutely. >> no doubt in your mind? >> no doubt in my mind, i'm totally comfortable with it. >> bret, i think you've got to remember partly what was going on as well too during that period of time, we had reporting that al qaeda was trying to get their hands on nuclear weapons, that they had been dealing with pakistanis who after all had nuclear weapons, we had the anthrax attacks, and we had

every reason early on to think we were going to have a follow on attack. our job was to keep the country safe and secure and get those guys who hit us on 9/11. that's exactly what we did, and the professionals at the cia did one hell of a job. >> do you find it disingenuous, their indignation about these techniques while they're not interrogating many terrorists at all, they're killing them in these strikes? >> well, if we started the drone program and i think under certain circumstances, depending on the target and so forth, it's the right thing to do, first of all they're not capturing anybody, they don't have an intergooirgs program. if they got to the current head of al qaeda, what would they do

with him? >> i think we need first class intelligence programs, i think that's what we have -- and the national security counsel and the lawyers and the justice department. >> sheryl shelly writes on facebook, had the tactics not been used, what would have happened? what events were prevented? >> if you look at the example cited by the former directors, there was a perspective attack on the west coast, with the hijacked aircraft, that was thwarted by this, there are a number of examples that have been laid out over the years. were there others beyond that. >> look specifically at the statement that was made by former directors, mike hayden, george ten innocent, where they lay out specifically those things that in their minds, and i think they're the experts were prevented by the execution of these techniques.

>> and a panetta review which is in your words huey, that there's not direct linkage zblichlts don't know where he was on 9/11, but he wasn't in the bunker. >> the end? >> uh-huh. >> u you have a lot of critics, some of them say that you should be behind bars. uh-huh. >> colonel wilkerson who worked for secretary powell, said we all have to wear the taint of the bruise cheney brought down on us of causing pain, humiliation and harm too other human beings. it's wrong that cheney isn't languishing in a private advertised prison somewhere. >> i would guess you would call him not a fan. >> is there anything to the rule

of law on this? >> the terrorists weren't covered under the geneva convention. they were not attribute -- nonetheless, to the people we captured, especially the folks that went down to guantanamo, all were transferred to al qaeda, where many of them are today being treated very reasonably. we did what we need to do to keep this country safe and i think we did our job and the agency deserves a lot of credit for it. >> do you think jeb bush is going to run? >> i don't know. >> do you have a favorite? >> i think it's going to be a great campaign year and i think we're going to win. >> one more night, what's in the bill to keep the government

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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. the race is on to get a new budget bill through the house and senate and to the president without letting the government run out of money. chief congressional correspondent mike emanuel reports on the effort to beat the deadline. >> reporter: congressional leaders have offered a bipartisan compromise bill to keep the government open and speaker john boehner says it will set the stage for a new congress in a new year. >> tomorrow we'll pass a new bill that keeps the congress

running. this sets up a direct challenge to the president's unilateral actions on immigration when we have new majorities in both chambers of congress. >> the 1.$1.014 trillion $packa would only fund the government through february 27th. some rank and file conservativings say they want that fight now. >> i feel like the leadership is asking us to punt on first down without any effort to get a first down or to score a touchdown, by that, i mean that there is no sincere effort to defund the president's unlawful, illegal amnesty. >> the measure also includes $521 billion for the military and $64 billion for fighting isis, $5.4 billion for ebowl are and 1.3 million for illegal

children crossing the border. >> there are some things that are so reckless. some things that are so fundamentally wrong that we have just got to stand up and say no. >> there's also a campaign finance bill that would allow donors to give substantially more money to parties for recounts and more. >> we have taken away money by the federal government for conventions. the federal zboft is not going to pay for conventions anymore. and yet conventions still need to be paid for. >> reporter: at the white house there is praise for a deal but some caution on details. >> this is a compromise propo l proposal, democrats and republicans have signed on to it. >> funding for the epa would get cut for the fifth consecutive year and the irs would be flagged $406 million. first leaders must determine if they have to the vote. americans are not happy about president obama's go it alone tactics on immigration

reform. the latest fox news poll out tonight indicates 54% of you feel the president exceeded his authority and 60% disapprove of the president bypassing congress to make policy changes. four more states have joined the lawsuit against president obama's moves to spare millions of illegal immigrants from deportation. oklahoma is one of those four. today oklahoma's attorney general said the president actually accomplished this without actually signing an executive order. the attorney general said it's still breaking the law. >> he has a series of memos that have been prepared for him by various components of the executive branch and they're acting on that, field offices and individuals and acting on those memos. i don't think it's necessary for a legal challenge, it's only necessary to provide a scumry of what the president's done. but here we don't have any executive order. >> you can see the complete

interview with oklahoma attorney general scott pruitt on immigration and also obama care, two lawsuits at the daily bret.com. you can also get there from the website. next how embassy security overseas has not gotten any better since the benghazi terror attacks. 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.

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american installations over seas is not much better now than it was in benghazi libya, in light of the deadly terror attacks in 2012. that was one of the takeaways from today's house select committee hearing on benghazi. >> the department is at increased ring because it lacks sufficient processes and planning. >> the state department watch dog found some standard security at the benghazi consulate was not the exception but part of the broader pattern. during the benghazi second public hearing, witnesses testified the u.s. personnel are operating out of warehouses with inadequate security and vetting local guard forces remains a problem. >> of the six vet -- >> a number of them allowed them to work without betting. >> mr. chairman, i do not understand how this can be, after two years, four americans were killed in benghazi. >> reporter: and no one can

explain why state department personnel were in libya and why it was okay to bypass physical security standards. >> when you deviate from the standards, there's a waiver process you're supposed to adhere to, was the waiver process adhered to? >> i don't believe so, no. >> reporter: on december 11, 2012, the benghazi -- the security status was deskribled as a security. >> the situations in terms of security was toxic on september 11, 2012. the blue mountain group, the benghazi security team had no license to operate in libya. >> reporter: the republican committee chairman says he wants to hear from key players in the talking points fiasco, including then u.n. ambassador susan rice. mike morrell, who have edited the talking points and the president's deputy ben rose who prepared rice for the talk

shows. >> you cannot compare that night with responsiveness tan -- yes, it was politics. the white house spokesman questioned the motivation of republicans adding the administration would continue to cooperate, but only with legitimate oversight. bret? >>. a record number of you would repeal obama care if you could. the latest fox news poll out tojt indicates 58% believe the law should be struck down, just 38% want to keep it in place. america's prescription drug dependence could be leading to a national security problem. that's because a lot of the ingredients in those medications come from a source that could proof less than reliable in the future. chief national correspondent jim engel has the story. >> reporter: china isn't an enemy, but it is an adversary, yet americans are more and more dependent on china for drugs of all kinds, including life saving

ones. >> china is the largest producer of active pharmaceutical ingredients including the finished product and america is the largest importer of chinese drugs in the world today. >> reporter: and that includes the basic ingredients for many antibiotics which are made almost exclusively for china. >> tetra cycle lean is -- they producing 95% of the world's supply. >> reporter: and chinese supplies are critical in both prescription and over-the-counter drugs. >> 70% of our antibiotics and about 50% of ours a seed minute fen come as evener finish -- >> reporter: there have been problems with adulterated or counterfeit drugs including one called heparin used by 25 million people on dialysis. >> they were adulterating it

with what turned out to be a poison and it killed more than 80 people. >> that raises the question of inspections by the federal drug administration which has had some problems there. >> there are only 2 1/2 full-time equivalent inspectors in china that are fda inspect inspectors, and meanwhile there's 4,000 facilities that need to be inspected. >> in all 2014, fda inspect fors only performed 117 inspections of chinese drug manufacturing facilities. >> reporter: and since china is an adversary, relying on drugs has national security implications. >> we have to source them for all of us. many of those ingredients from china. >> and that could be a problem if the u.s. and china have a falling out over taiwan or the koreas or tehran. >> it's certainly possible that china could invoke some elements of economic warfare.

>> reporter: such as limiting the supplies of pharmaceuticals or completely cutting them off leaving the u.s. scrambling to meet our medical needs and at the mercy of china. big losses on wall street after oil hit a five-year low. the dow hit 268. the s&p 500 dropped 34. the cia interrogations report, more forceful are reactions on both sides, plus reactions from the comments of vice president dick cheney when the panel joins me after a break. you've tried to forget your hepatitis c. it's slow moving, you tell yourself. i have time. after all there may be no symptoms for years. no wonder you try to push it to the back of your mind and forget it. but here's something you shouldn't forget. hepatitis c is a serious disease. if left untreated, it could lead to liver damage and potentially even liver cancer.

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to me it seems completely intentionabi indiai intentionable that slapping one is bad, but sending a ---what

about that collateral loss of life and the other one is, if you kill them you can't question them. >> vice news giving that interview with that cia psychologist, james mitchell believed to be the architect of the techniques used in interrogations and obviously the big news of this week so far is the reaction to this report. you just heard former vice president dick cheney here on special report. let's bring in our panel. john goldberg, senior representative of national review. amy stoddard and charles krauthammer. vice president? >> vice president. i thought it was very impressive, forthright, it was borderline jack nicholson saying, you're damned right i ordered the code red, totally unapologetic. and they make a very powerful case. i am not sure that some lawyers at doj say it's not torture that means it's not torture. lawyers are known to torture the

language and some of the abuses in here do strike me as torture. but my hunch is that the vast majority of the american people will come down basically on dick cheney's side on this. >> i think he points out the fact that we have shifted from capture and interrogation to drones without human intelligence and calls into question how we're going to continue on in this war without it. and just like the contract was talking about, what that means when you have a collateral loss of life anyway. is torturing a terrorist worse than killing an innocent? at the same time, i think there are a lot of people unlike dick cheney. there are a lot of law mimakers capitol hill do believe this was improper. we actually now know that this

country did this and that we didn't need to expose the gory details. it's implied that president obama is conflicted because though he says it's wrong and the secretary of state did try to stop its release and when you hear the comments from his press secretary, you can see that president obama doesn't want to say, though it's wrong, it doesn't want to be effective. >> the president using some interesting language through the interview? >> this report siz it's not successful. >> the report is full of crap. >> you're saying that this led to actionable intelligence. >> absolutely. >> look at the statement by the former director and deputy directors of the cia issued just within the last 24 hours. it did in fact produce actionable intelligence that was

vital in the success of keeping the country safe from further attacks. >> you can landal to the truth and he came to you unadulterated. when he wasry acting to mark udall's pious statement, he said he wasn't in the bunker. now dick cheney on 9/11 gave the order to shoot down a civilian american air liner, had it not gone down in the field before it reached washington. can you imagine what that means to deliberately kill a plane load of innocents because it had to be done given the alternative? this is a morally serious man. and he made essentially the same calculation except instead of harming in some way or abusing, as some would say, americans, we're talking about here terrorists who would do us harm and he made the calculation that he would rather inflict, lets call it enhanced interrogation, i'm not afraid to call it

torture, i know the lawyers can't, because once you do, it kicks in the whole legal system, but i would say i have no qualms with using the word, if necessary to protect americans and he is right in saying that as a result of that we had 13 years of no second attack. >> what about john mccain's argument, that america as a country is better than this and it could have been achieved without it. >> two things, number one, from's no way of knowing that it could have been achieved without it, and did you want the bush administrati administration -- we're not sure if we need this or not, so let's give it a shot of not using this and if we're hit a second time, we'll know that we have made the wrong choice. he was asked about what you would do with a ticking time

bomb, the classic ethics 101 situation when there's a bomb about to go off, would you torture someone, and what he say was what anybody would say, essentially in a case like that, you do what you have to do, all of us agree on that, the only question is, are you open about it or or are you going to do it in a way where you break the law after you do it. >> do you believe the interrogators and the leaderses of the cia who don't have the best track record as far as being open with congress, and even spied on this committee in this case, but you're saying there was intelligence and the guys including khalid sheikh mohammed was essentially teaching classes once they got

past and over the methods. >> there's a weird irony here in the wake of ferguson and in the wake of the staten island case. people have been clamoring, we need a grand jury that just goes for the indictment, that we need prosecutors that just knew this sort of one sided indict a ham sandwich approach, but we got it from senator feinstein, where she created a nakedly intellectually dishonest document that retro actively reverses -- if you took this route, you could have done the same thing, you can play that game with the invasion of normandy, saying if you knew all this you could have done something else. there was enormous time pressure, there were men and women of good will and good faith, who honestly believed there were more 9/11s in our immediate future and they were trying to do whatever they could to stop it. and i think dick cheney is right

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comcast business. built for business. the cia spent $40 million to prevent us from issuing this report. that is fact. we did not spend the money. we used our staff to do this report. they went into our computers illegally to take out information, not once, not twice, but three times, which i believe is a separation of powers violation. >> senator diane feinstein, the

chair, outgoing chair of the committee. if anybody didn't think that factored into this whole release of the report, i think we're back with the panel, likely did. >> it did. and she -- look. this is not a person who's earned a reputation as a person who throws partisan bombs, seeks the spotlight, is a game player. she's outraged. and i think that she should be. i think it's putting it mildly to say it's separation of powers violation. that said, i think that americans probably believe the truth lies somewhere between dick cheney's account of this and reports that once ksm's will was broken, the discussions translated into 2,000 intelligence reports and the senate intelligence report. i think people think were there abuses? yes. people have told us there have been abuses. was it rampant? probably no. did they go rogue? probably not. there is a larger question whether you're in the military or the snoejs community or defense community right now

carrying out the policies of this administration or the next one. will you someday be subject to this kind of public condemnation? and with that in mind, will you go into this business or will you stay into this business at a time when we're so precariously positioned in the world in many wars and hot crises. >> a couple of interesting polls out tonight. isis, will isis try to launch an attack on u.s. soil soon? look at this. 81% of you think it's likely. 16% unlikely. if isis terrorists are captured on the field where should they go? gitmo almost 60% of you. u.s. federal prison 29% of you. what should happen to guantanamo and terrorist suspects imprisoned there? now keep it open up 4% actually from june. surprised by those numbers, john? >> really not. i mean, look, in a lot of ways the last five years the general

public has been the one leading our foreign policy to the extent it can. barack obama has wanted to do lots and lots of things, but general public just doesn't want him to do. he got dragged into all this mess with syria because americans were justifiably outraged by the beheadings of americans. i want to make this point about the drone argument a lot of people on the right are making. i think it is a dead end in a lot of ways. the moment barack obama is out of office and a republican gets, in the left will say, droning is bad, too. and they said we have to win afghanistan right up until the point they were responsible for trying to win afghanistan they abandoned that also. my guess is they will pocket the concessions on the interrogations and do the exact same thing with the drones as well. >> interesting i didn't get the time. but vice president cheney also on another issue is a proponent of robust executive authority and executive power. republicans line up behind that, most of them. but when it comes to the president's action on

immigration they don't. so it's the same kind of deal. last word, charles. >> national security. the president has a lot more leeway under the constitution. he's commander in chief. so it's traditional that he gets a lot more authority. but not on immigration or domestic stuff. look, with feinstein she may not have a reputation of being a partisan. but after now she will have a reputation of bearing a grudge. you can just see that she is seething with anger about the cia, and that a lot of this has to do with that anger. it's one of the reasons why there is an egregious lack of any information, statements or otherwise from anybody involved in the program. and that i think sets it up as the hit job it was. >> that is it for the panel. stay tuned to see how one nhl star honored the late nelson mandela. "credit report card" thing. can i get my experian credit report... like, the one the bank sees. sheesh, i feel like i'm being interrogated over here.

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sometimes in live interviews you wing it. you answer a question without a

lot of knowledge. it happens. toronto maple leafs goalie jonathan bernier attended an event celebrating nelson mandela's life and legacy friday. unfortunately it did not seem who he knew who the late south african president was. he actually was asked about mandela, and he praised him for his hockey skills. >> he's one of the most known athletes in the world. a lot of impact in any kind of sport that he did. even playing hockey, everyone knows him, right, from being the type of person that he was off the ice and on the ice. and so unfortunate that he passed away a year ago. but he changed a lot of -- while he was with us. he's a tremendous guy. >> i especially enjoyed his time off the ice. that was great things off the ice. >> word from south africa he did not play hockey.

thanks for inviting us into your home tonight. that's it for this special report. "unafra "unafraid" a special report online in seconds. i'm not sure about this. fox news channel's ed henry locks horns with the white house press secretary. it all started that ed pointed out that right now two former members of the bush administration are leading the cia and the fbi. now that is despite the democrats slamming the bush administration's endorsement of cia interrogation tactics. take a look. here's fox news chief white house correspondent ed henry grilling pressure secretary josh ernst. >> you're attacking bush administration policies but you have two of the architects of those policies serving in two of the moat -- endorsing a legal memo. >> i don't think that is a fair description certainly. >> john brennan is certainly in the bush administration as well. >> that's right. but i don't think it's fair at all to describe him as an architect. >> you don't see any contradictions with him