Do. He said what do you do . Also, the incredible story of a hollywood actress doing films with elvis becomes a spiritual leader. Caution, you are about to enter the no spin zone. The factor begins right now. Hi, i am bill oreilly. Thanks for watching us tonight. The truth about the Senate Torture report. Thats the subject of this evenings talking points memo. Many fair minded americans are confused because a report by Senate Democrats accuses the Central Intelligence agency of torture, bad management and lying. But at this point every single cia leader since the 9 11 attack has refused to endorse the report. And three of them wrote a scathing oped in the wall street journal, calling it bogus and dangerous. Every american should read that oped. As i said, the days following 9 11 were filled with chaos. America expected another al qaeda attack and there were plots investment. Because the cia had failed to detect the al qaeda attack on 9 11, that killed nearly 3,000 americans, the agency was under intense pressure, and so when terrorists were captured, intense pressure was put on them, and in a few cases harsh interrogation methods were used. President bush and Vice President cheney ordered those coerce techniques and both men stand by them today, saying thousands of lives were saved by information gathered. The democrats on the Senate Intel Committee dispute that saying nothing was learned that couldnt have been gleaned by nonviolent interrogations. Based on available evidence, talking points is siding with the cia people. Look, were fighting a war. I have a book on world war ii, killing patton. Bad things happen in war. Ar the germans mass kerd americans during the battle of the bulk, u. S. Troops shot and killed germans were their hands up to surrender. That was wrong. The u. S. Command overlooked it, understanding tremendous emotions involved. It is the same thing with coerced interrogation. But opinion lines are drawn on ideology. Listen to this exchange between nbc news anchor Brian Williams and former cia chief michael hayden. What if you, got forbid members of your family, had to undergo some of the treatments we are reading about in this report. Can you personalize it in that way . I actually think, brian, that my concern or my outrage, if that were ever done to any of my family members, would be somewhat mooted if my family members killed 3,000 of my citizens. Then theres president obama who doesnt really know what to do here as this sound bite makes clear. I dont think that you can know what it feels like to know that america has gone through the worst attack on the continental United States in its history, and youre uncertain as to whats coming next. So there were a lot of people who did a lot of things right and worked very hard to keep us safe, but i think that any fair minded person looking at this would say that some terrible mistakes were made in allowing these kinds of practices to take place. Mr. Obamas own cia chief, john brennan, says he does not believe the Senate Report. Quote, our review indicates that interrogations of detainees on whom coerced interrogation was used did produce intelligence that helped thwart attack plans, capture terrorists and save lives, unquote. The president and his cia chief differ on a very important situation. What it comes down to is you, the everyday american. The truth is mistakes were made, but they were made in the fog of war to protect americans. Were not a torture nation and the leftwing which drives stories like this is incredibly irresponsible. We tortured and still have al qaeda, we tortured and have isis. We tortured and didnt stop the resurgence of this violent islam. Torture didnt work either. Thats one of the dumbest statements i have ever heard. Everyone knows aggressive tactics towards al qaeda have decimated that group, led to the demise of Osama Bin Laden, and prevented another 9 11 attack. Every sane person knows that. Final question. Who would you rather have protecting you . Bush and cheney or miss walsh and her cohorts . Thats the memo. Top story tonight, john yoo, Legal Council at department of justice was deeply involved in the legality of interrogations. He joins us from berkeley. Professor, please explain what you did. I worked in the Justice Department as you mention and my job was to review legality of a lot of policies after 9 11 ranging from invading afghanistan, guantanamo bay, interrogation measures and surveillance. And i was there until from before 9 11 attacks until after the invasion of iraq. You were a busy guy. So when waterboarding came across your desk, what did you say . It was a hard question. I think most of the enhanced interrogation measures would strike most americans as you put it in your talking points quite reasonable. Torture under our law is prohibited, but waterboarding which doesnt cause permanent physical injury was a close question. Also, we have to remember that we were asked this question because of a particular person, abu is a bad a, captured in pakistan, thought to have information on pending attacks. We were just a few months after the attacks. 3,000 people had been killed. We knew little about al qaeda, stunningly little about al qaeda at the time, we knew they wanted to carry out pending attacks. I think any responsible president of either party would have ordered enhanced interrogation under those circumstances. You looked at it, reviewed it, said it was okay under the law. The senate intel people say no intelligence, none, was gleaned through those methods. And you say . I think thats mistaken, i think thats a product of the bias way the report was done. No republicans were involved in the report, and incredibly as a lawyer, find it incredible, no interviews of witnesses involved with the interrogations. You werent interviewed . I was never interviewed, no one ever contacted me. I dont believe anyone in the white house or Justice Department were ever interviewed for this report. It is stunning, it is as if you had a trial and the judge said only the prosecution gets to put on the case and no witnesses can be put on. Why are you convinced we did get actionable intelligence that saved lives. What convinced you . You can look at the report itself, what the cia directors have said on the most important issue. You mentioned it in your talking points. The most important issue, did we get bin laden because of these interrogation reports. Now, the Senate Democrats say oh, well the name was a courier, who everyone agrees led us to bin laden was in the cia files, and thats true. Before the interrogations take place, but thats a red herring because there are hundreds if not thousands of names of suspected al qaeda people in cia files. It was only interrogation of Khalid Sheikh mohammed, planner of the 9 11 attacks and other high ranking Al Qaeda Leaders that allowed the cia to focus on that name, say thats the guy we need to find, he will lead us to bin laden. Without those interrogations, he is just another name in another file with hundreds of other names. And he broke under waterboarding he was subjected to. Looking back on this, do you have any moral problems with what you justified in the Justice Department . Do you have any moral problems at all, did you make any mistakes . Of course as you said there were mistakes made. I attribute a lot of the mistakes you see in the report not to what the Senate Democrats think is some conspiracy to cover up brutality for no reason. I think what happened, you actually pointed out, theres a fog of war here, it was chaotic in the months after 9 11. The cia was asked to stand up and start Detention Interrogation Program from zero to 100 Miles Per Hour in a course of weeks and i think it is amazing the success. We have not suffered a major attack on the United States home land for the last 13 years. Thats an incredible record. Thats the way i think about it morally. Yes, morally i have issues with having to do Something Like this, but in extraordinary circumstance, in an emergency when thousands of american lives are at risk, i think it would be to me, the moral choice is to save the american lives, even at the price of the rights of some Al Qaeda Leaders. Professor, we appreciate it. Thanks very much. Thank you. Next on the rundown, big trouble in congress as members take sides on the torture deal. Cameron rosen with a report. And do they know the facts or is it a mob mentality . Those reports after these messages. Members of congress are deeply divided over torture accusations against the cia. Joining us, james rosen and cameron. Tell me about senators feinstein and mccain, opposite parties and ideologies, but theyre together on this. I think we were talking about mr. Yoo, that was a 40,000 investigation. John mccain is a rare gop ally on the report and its release. Mccain was tortured as a pow in vietnam, he has long said those techniques were troublesome, he thought it could constitute torture, such things compromise americas moral high ground. He is a lone republican to be in support of this. An example of where things begin to break was South Carolina republican lindsey graham, a big mccain buddy. He says basically the Obama Administration has gone way too far, that democrats releasing this is provocative, the Obama Administration has gone the other way granting miranda rights and lawyers to foreign terrorists. Republicans for the most part are against it. So are you saying that mccain is alone . He is the only republican senator supporting this torture report . Well, he also defended its release, saying transparency is important to the american people. I said that, too, but hes defending the body of the conclusions. Well, he is. No one else on the gop side . They have remained largely silent. Another example one might have thought could have been more critical, maine moderate republican susan collins. She, too, has come out and said she has big objections to it, as mr. Yoo pointed out, principally because she said the report is flawed because of lack of cia officials and documents. I invited senator mccain and senator feinstein on the factor tomorrow and we hope they both appear. Is this going to die out or does this carry on. Well, it will carry on in this sense. You have people all around the world calling for prosecutions. Rosen will handle that. It is going to die in congress because in a matter of a couple days, republicans and democrats alike hope to be gone for the holiday. New guys come in the Justice Department reiterated today that they looked at the Senate Report, conducted their own investigation, and there arent going to be prosecutions in this. That tells you as a political matter on the hill. It is done. Democrats may continue to rant, republicans dont have to fear it. President obama is not behind it, you can see he is equivocating. Rosen, in the state department and pentagon, are there any specific worries . We know the Foreign Press is running with this and false headlines, are there any areas theyre worried about off the Senate Report . First, bill, i am afraid i have to caution against the use even for shorthand purposes of the term the cotorture report i also dont be a pin head, Everybody Knows what i am talking about. Is there any concerns overseas specifically that this will incite violence . When secretary kerry who agrees with the content, wanted it to be released, nonetheless called senator feinstein friday to remind her of the timing. What he had in mind is the fra jilt of Foreign Policy initiatives from the newly formed government in iraq to maintenance of the coalition against isis. Some time ago in anticipation of the report, the state directed all chiefs of mission at embassies and consulates to review security pos terse and seven chiefs of Mission Norway to thailand to afghanistan and pakistan have issued security messages in anticipation of possible violence. There is the matter of the American Allies that hosted black prison sites or supported the cia interrogation program. I am told u. S. Officials up to secretary kerry and president obama made outreach to the governments to alert them to release of the report and reaffirm support. Thanks very much. We appreciate it. You guys should know many senators on the Intel Committee are too fright end to come on the program. Im not going to name them, believe me they are scared on both sides, both parties. Racial protests around the country are intensifying. But a new poll says we are divided nation on race. Goodnight. Goodnight. For those kept awake by pain. The night is anything but good. Introducing new aleve pm. The first to combine a safe sleep aid. Plus the 12 hour strength of aleve. For pain relief that can last until the am. Now you can have a good night and a. Good morning new aleve pm. For a better am. But the comfort it provides is its justimmeasurable. Ece the america red cross brings hope and help to people in need every 8 minutes, every day. So this season give something that means something. A remote that lives more wifi in more places. A Movie Library you can take wherever you go. Internet speeds that have gotten faster 13 times in 12 years. The innovators and inventors at comcast labs are creating more possibilities for more people every day. Comcast nbcuniversal. Bringing media and Technology Together for you. New poll from cbs news says Race Relations between blacks and whites at the lowest level since 1997 the question, do you think Race Relations in the usa are generally good or bad. 45 certificates said generally good, 43 generally bad, among whites. Obviously the ferguson and Staten Island grand jury is driving some of that opinion. Do you know over 150,000 cases came before the grand jury and that only 11 cases they didnt come back with indictments. It is like lightning striking the black community over and over and over again. Here is mr. Simmons who made that statement monday, cofounder of a music label def jam. You know it is federal grand juries. Doesnt have anything to do with local policing or state policing. I believe the strive between poor blacks and police is driven by black crime. Nexus point. Do you believe that . No, i believe that we can create a Good Relationship between police and community with sensitivity training for the community and for the police. And i recommended to the mayor today a good person to help him with that, i think he is going to take that advice. Let me say, i spoke to the attorney general, governor and mayor in the last 12 hours. All of them are in agreement, and the governor is prepared to make an executive order to get special prosecutors in cases like these. I dont have a problem with that. Of course. Talk about the wider issue than the new york city issue. I said on this 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 youre 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 wont acknowledge it, russell, you wont 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 thats an easy question. Can you answer that question. Russell, wait. 95 of the people incarcerated am i invisible . Are you not hearing me . Not black versus white. I dont think so. You and i have a final disagreement because i think selling hard drugs is a Violent Crime. I think vicodin is a hard drug. Devastated poor black neighborhoods, in chicago theres an epidemic of violence driven by drug gangs. I havent seen you there. I go to chicago all the time. Havent seen you. They have violence programs in 30 cities, including chicago, that i fund. Russell, you have not been there, condemning the black drug gangs for gunning down 13 and 14yearold kids. You havent done it. You know whats interesting, bill, when you talk about the violence in the black community, 50 or 60 or 70 kids were shot in one week in chicago. By other blacks. It comes like this. Right. You talk about the missing white girl from brooklyn, goes on a month. Every weekend theres violence in those communities. What were doing about it is negligible. What we could do, and the reason for that violence in those communities comes from this whole jim crow system that is the prison industrial complex. We have not addressed the core, the root. If you dont think selling drugs, youre never going to solve it. The root of the black crime problem drugs are not violent. I am going to give you the last word. Here is where youre so desperately wrong. You are a good man, but you are so desperately wrong, it pains me to talk to you. I feel the same about you, bill. But