josh earnest refused to weigh in whether cia officials should be tried for tactics the president described himself as torture. did those details warrant going back and reexamining whether they should be prosecuted? >> decisions about prosecution are made by career federal prosecutors at the department of justice. >> reporter: the justice department says the federal prosecutors who looked into the program won't be launching a new investigation based on the report from the democratic chair dianne feinstein. trial or no trial, the cia has some big names coming to its defense, from former vice president dick cheney who blasted the report on fox news. >> i think it's a terrible piece of work. we did exactly what needed to be done in order to catch those who were guilty on 9/11 and to prevent a further attack and we were successful on both parts. and i think -- >> this report says it was not successful. >> their report is full of crap. >> reporter: to the agency's former director michael hayden. >> what stunned me about the report most is the fact it was written in the way it was written.