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Insurance, the mandate doesn't go into effect until the year 2014, and as you just have been reporting, that faces a legal challenge can you constitutionally demand and enforce the purchase of a product in a constitutional democracy. martha: and maybe therein lies the reason they're calling it a tax and not a fine. >> that's it. martha: stuart varney, thank you very much. bill: this morning, the justice department is reviewing whether or not to appeal a federal judge's decision to order the release of a key al-qaeda suspect out of gitmo, he's been called the highest value detainee at guantanam...

Anything. you said you were going to drain the swamp. there's a lot of political gainsmanship going on here as far as health care was concerned massa was never a vote they were considering anyway. that's okay. it keeps really the pressure on the democrats, and it is also great political theater and football for republicans when it comes to ethical behavior. >> ed, thank you very much. of course later this evening, democratic congressman elijah cummings will be on with ed to talk about health care, as chairman of the congressional black caucus, he met with president at the white house. he and o...

Back to what i was asking before the break. i think a lot of people just look at these memos, and they say how do you get to the point as a lawyer, even as a layperson where you say waterboarding is not torture? >> well, let me explain the circumstances which is the most important thing to keep in mind. we're a few months after the 9/11 attacks, the cia capture the three, four, and five top leaders of al-qaeda. these are guys who are resisting interrogation, they're trained to resist interrogation, and they have in their heads the information about plots to attack the united states. so the cia...

Professional misconduct but then it was kind of strange in the same report they said they didn't violate any ethics rules. bill, i taught professional ethics before. i looked through the rules and i don't see that they violated any rules. >> bill: the ruling from the justice department basically said when they told president bush that you could waterboarding khalid sheikh mohammed and some of these other thugs, they were on, what? >> that they used poor judgment in giving that advice but it wasn't illegal. >> bill: it was not illegal? >> it was not illegal. >> bill: all right. so according to ...

Professional misconduct but then it was kind of strange in the same report they said they didn't violate any ethics rules. bill, i taught professional ethics before. i looked through the rules and i don't see that they violated any rules. >> bill: the ruling from the justice department basically said when they told president bush that you could waterboarding khalid sheikh mohammed and some of these other thugs, they were on, what? >> that they used poor judgment in giving that advice but it wasn't illegal. >> bill: it was not illegal? >> it was not illegal. >> bill: all right. so according to ...