0 "sesame street" is tackling the issue of what to do when dad is in prison, which is not surprising considering they have long advocated cookie stealing and living in garbage cans. andy? >> thanks, tom. see you at the end of the show. >> right on. >> let's welcome our guests. she still thinks we have certain pictures of her from spring break 1998, so she agreed to come on again. i am here with brooke goldstein founder of the children's rights institute. and a first time guest. she comedian andrew schulz and related to bill. he is bill's second cousin and bill's dad first cousin larry schulz's son. larry is joe's second brother's son and larry grew up in new york and then new jersey and he and his wife sandra have a dance studio in manhattan. in other words, we are very excited. and then there is bill schulz. he thinks he is at a familyn. and here to lend some credibility to this amateur hour is daily caller jaime weinstein. he is the author of the e book "the lizard king." >> a block. the lede. that's the first story. hey, where is the dwarf? >> i really enjoyed running that. bill, i think i hear someone at the door. >> andy gram. >> [laughing]. >> there goes the budget for fy2013. so david brooks who is exactly five years older than i am -- i found out last night we share a birthday -- but mind sets are generations apart. brooks writes disapprovingly of nsa leak erred ward snowden which in and of itself is fine. there are good and good faith arguments as to whether snowden did a good thing leaking information to g re enwald and the post. brooks makes none of those arguments. like a scooby doo villain he says the problem boils down to these meddling kids. for brooks the problem is a generation that has lost faith head when they have a deep distrust of authority. cynicism and defense of liberty is no vice, and blind obedience is no virtue. i guess that makes me a meddling student if not in age. >> andy gram. >> jaime, full disclosure. i have no idea what thatment. it was written for me and i read it and i hope it sounded okay. is it cynical of david brookes to say we are too cynical? or is it cynical of me to even suggest that. >> i don't mind the first half of his column. he is a guy that looks into the way communities relate to the two books. i think the idea of what it means for these -- for this day and age and somebody who attached to the computer and how they relate to society than in the past. they are right and the conclusions have been made fun of plenty on twitter. they are not the best they have ever done. i don't think i was as upset as you seem to be. >> i didn't write that, so i don't really know. brooke, you claim to be a lawyer. i have yet to see proof of that. i don't think any of us have. let's talk about snowden. what do you think will happen to him? >> first of all i think that we should note and i am glad you brought it up. the left used to be about distrusting government. now they love big brother and this is a bad thing. this country was founded on distrust of government. it is written all over the constitution. what snowden has done and we canada bait if he is a good guy or patriot is bring to light one of the most important issues of our time. what does the 4th amendment protect? the 4th amendment protect what's you have a reasonable expectation of privacy. we all use devices from iphones to ipads and g mail and everything is stored electronically with a third party. does any one of us have a reasonable expectation of privacy? do we? do we have to reexamine the test and this will all come out in the aclu suit that was filed today. >> absolutely. i will talk about that in a minute. i think the fact i use g mail means, sure i know g mail is storying it somewhere on a server, but there is a difference between me knowing that and giving them whatever access they have to it and the government coming in and taking it without my knowledge. >> well, we have had supreme court cases that say you don't have a reasonable expectation to privacy with your phone records. andy mccarthy wrote a piece about this. i think where that argument is wrong is that it is not just phone records now. you have devices that have gps tracking. they can track where you made the phone call. snowden hinted that we have no idea the extent to which they are sur veiling our records if it is only phone. also i think the warrant that was issued by secret court has to be examined. where was the reasonable probable cause? what is the reasonable basis for a warrant that dragnets know you downloaded it. you are now going to mass do gas scar. >> did you really download "madagascar 4"? >> no, i did 3. it is under rated. >> people love snowden or hate him. whereas people only hate you. did you ever think about that? >> at least you have formed those in a question. with greg it would have ended in people hate you and we have gone to break. i think snowden is -- we really don't know what his reasoning was for this just yet. i do know that he left hawaii for hong kong. i am thinking he must have been doing it forthright reasons. no one would choose one or the other. over the other. he left a girl on a pole girlfriend wise. he left a lot of things to give us this information. in that sense perhaps he is a hero. i would also say that you gotta get over this whole scooby doo thing. brooks might be a scooby doo villain, i sometimes feel you are too much putting yourself into the scooby doo game. you have always maintained that lou daabs was the great room ghost and you have no proof of that. by the way, you are the only meddling kid. >> and ron paul was old man mcgilacuty. >> we have the director *6 -- of national attention lying about the nsa's capabilities. do you think he should resign? >> okay. loaded. >> it is better than the question i got. >> how do you criticize the national director of security on live television? i think we are seeing it repeated in the obama administration. i didn't know what we were doing. the only thing worse than claiming incompetence is in this case claiming competence. look, he needs to tell the truth of what is going on. if it is true that the national security director did not know this was going on, either way it is not good. >> there is no way he didn't know. >> he didn't know when asked a couple years ago during the egyptian resolution that the muslim brotherhood was an -- was a secular organization. >> i was bummed this guy clapper is not the inventor of the clapper. he should resign because of that. the only reason he is the director of national intelligence is because people thought that. >> that's why i voted for him. >> exactly. that's what i'm saying. >> he was the inventor of the clab. that's -- of the clap. that's why people kept their distance. >> bill, that's your name? >> hc is my cuz. >> step off. >> and look how proud you are of that. >> you don't know him well at all. >> that's true. >> snowden's girlfriend, allegedly says if for sure it is her, says she is lost at see. should snowden have given her more of a heads up? >> have i a theory and people are suggesting this that she is a sleeper agent behind the whole thing. >> i think it is obvious behind the pole training that that is training. >> this is an over all tough issue. on this panel you can see people struggling with both sides. certainly i am. i am naturally one to defend talk. i give leeway to the government. there are two questions. one the extraordinary powers they are using, are they catching terrorists? the two examples are not clear that that is actually working. they caught him after the fact of the mumbai attack. the other one there is evidence that they didn't catch him before in the new york subway. they used other means. it is not clear that they have been used correctly. the other question is is there a chance this could be abused 1234* we have evidence that programs like this have been abused. on the other hand the prism is only supposed to be foreign and not domestic spying. the fact that they couldn't figure out that he was e-mailing glen greenwold and going to do all of this stuff means that they weren't snooping on his e-mail. so maybe they are focused on that. >> and there is some question about just how this guy in this position got access to all of this stuff. >> and i am not a defense hawk, but i am a fan of ethan hawk. before midnight, i don't have to tell you it is a delight. it is not here nor there. >> i would like to purge you from the show. >> are you going to let me finish my thought? >> i made my movie pun and i am comfortable. >> continue. >> well, the great thing about what she wrote, she did not stop with i am adrift at sea. she kept going further. she referenced mermaids and she talked about how symbolic pirates are after her. the whole time you said yes, that is the blog entry a stripper would write. she never had to say her profession. >> she is not a stripper. >> she likes pole dancing. let me have my things. >> i think the riel -- i think the real sad story is not her, but the nsa agent that has to read her blog. >> i would rather something a little more -- >> i think he wanted to see the pictures on the pole. >> brooke, you brought up the aclu lawsuit. they are suing over the meta data from the phone calls. >> they have two -- i think they have two arguments. the fourth amendment, i think the standard we have been using so far has to be uh memberedded by the -- has to be amended by the supreme court. but also they have a first amendment argument and it creates a chilling affect. it is interesting and i will think this out loud. >> please, take your time. >> one argument negates the other. if you know the government is dragnetting, that's what would create a chilling affect. you wouldn't speak, but if you know the government is dragnetting you don't have a reasonable expectation of privacy. >> i think the prism thing is more serious if they are going in the united states. the verizon thing, they have a bunch of numbers. the more numbers you have the less intrusive it is. they can't focus on a billion numbers every day. they are using algorithms to figure out what could be corrected to terrorism. theoretically they are not listening to tone calls. >> they are storing the information. it is about looking back. 20 years from now somebody accuses you of a crime, god forbid, the team could look at 25 years. if you looked at 25 years of records of anyone you can make up a plausible story. that's dangerous. >> i great. last question. booz allen, they fired him and yet you still have a job. did you ever think of that? >> my name is not obvious like his. it is not booz schulz. i am not throwing out what i do after the show. he is obviously an alcoholic. >> booz allen is the name of the company. >> all right, i didn't hear the question. we are moving on. from one to another. he is the scorsese of crazy or the kubrick of coo-coo. the man who made the movie that started the benghazi attack is vowing to finish the movie. he told fox news.com his film "innocence of muslims" has been widely misunderstood. >> i have a lot of to defend. some of them believe in this culture and that's whye need to fight with the culture. >> in november, nako lo a was sent to time behind bars for his film and using fake names. he has two hours of footage to complete his film and wants to find a distributor for what he released in september. he showed fox news for what he calls the movie's emotional last seen. take a look. >> brooke, i know this guy is one of your heros. you have a big "innocence of muslims" poster in your room. how excited are you for him to finish his masterpiece? >> super excited. i am really happy we are doing this story and i hate to say this on the show, but this is no laughing matter. first they come after nakoula or whatever his name is and then they come after all of us. he is the test of what this administration can do vis-a-vis taking our freedom of speech. it goes back to the speech in cairo. the future does not belong to those who defame islam is what he said. yes it does. the supreme court has afforded the highest protection to even the most offensive speech. did you know this government co-sponsored a resolution with the muslim brotherhood government in egypt with morsey that attempts to make the criticism of religion using the religion, a violation of international law? they redacted from all counter terrorism manuals, and now we have one individual who is -- the finger is pointed at him for exercising his first amendment right to free speech. this is a, very dangerous -- this is very, very dangerous. >> i agree that it is no laughing matter. but i will try to make it one anyway. >> we got basically a 14-minute trailer for this movie. i think it is fair to say it is not of the best quality. but maybe the rest of the footage is super complimentary to muslims and had amazing production values. we don't know. >> compared to "battlefield earth" it looks like a classic compared to this film. the actors in the film who didn't think they were making this, they thought they were making "desert warrior" i'm sure they are thrilled. i actually don't like to focus on this guy. the attackers of the cairo embassy, attacked the first day and then the benghazi attack unrelated to the film. but they used a pretext to the film to attack it. i don't like to focus on the guys saying there was a justification there when there wasn't. i would rather focus on the violence they caused and the vialness and the morsey government who refused to protect the embassy and the pretext they used to do it. >> not only does this guy not hold a gouge against the government, but they thanked them for keeping him safe. >> they definitely kept him safe. they gave great promo. >> that none of us will be talking about. >> why is he unsafe? he is unsafe because the president, the secretary of state and susan rice did what i thought was an unlawful bill of attainer and pointed at him and accused him of being the cause of violence happening thousands of miles away. the government is the one who put him in there. >> benghazi, certainly. that was probably not the case. there was scores of rights that was totally -- you have to make it where they were looking for something. they would have happened regardless. but they had signs. they were saying that it was because of the stupid -- >> 100% you are absolutely wrong . >> that's my cousin. they released a press released two days before the attack saying they were going attack the embassy. >> in benghazi, sure. but you have acting as if that was the only riot. >> coming up, is walking through losers? brooke goldstein's new book, i strap two to my feet and they carry me everywhere. do women resist a flozie in their but find time for a man who can rhyme? yes and sadly no. you are watching "red eye" on fnc. stick around.