if we are there to kill terrorists i'm all for it. >> judge jeanine: how do we condition the release of these guys without getting them to reengage? >> we don't want them released. a senator intel chief, his boss is dead. another senior military commander. we can't release them. we don't want to release birdall, they will kill americans the moment they are released. >> judge jeanine: very interesting. thanks for being with us this evening. all right. coming up the latest on the murder investigation surrounding n.f.l. star aaron hernandez. later, i get furious when i see drivers texting. a proposed law could give police more authority to crack down on offenders but some think the law goes too some think the law goes too far.