analyst. lost in all of this seems to be, they signed all this, this was a republican thing under a republican administration, with republicans in control of congress. judge napolitano: here is where the republican congress and republican president did, they give the president the authority to decide where the money would go without giving the president standards so the republicans if congress, now, are not happy with the way president obama has exercised the discretion that they essentially gave to president bush. and they are using the power of the subpoena in order to find out exactly what went on. shepard: the republicans are calling this a witch hunt, rather, the democrats are calling it a witch hunt. judge napolitano: the administration, if the subpoenaed, it is voted by the house of representatives and served on the chief of staff, that is a valid legal document which he must comply in some way. he will probably have white house council, call the lawyers for the republicans i
bailout as it went into bankruptcy, also, discretion that the congress has given to the president. we have given too much discretion to the president to spend money, and the constitution says only to congress, they can spend the money and congress says here is a couple hundred billion you decide how to spend it. shepard: the last one started a couple of wars and did not fund them and you said the same thing and it is not partisan. judge napolitano: whoever is in the white house does this. shepard: well i don t have an opinion on that but i will watch it. judge napolitano: you do remember when nixon was president, and his documents were subpoenaed, the famous supreme court and nixon lost. shepard: we all lost. nice to see you. we will watch for the judge on freedom watch, week nights on the fox business news giving you the power to prosper. the most popular business news and here i tell you that. fox business news. right up the dial. and now the occupy wall street protesters and
shepard: this is like kids running for student council. what a clown show! reporter: sorted of like a firing squad in many respects and today we had the attorney bennett who represented one of the restaurant association employees, and has accused cain, wants to wake the clients confidentiality. here is bennett. i will send by e-mail this morning to the restaurant association s tone, a draft statement of my client s position for the restaurant association s agreement for release notwithstanding the confidentiality clause of the 1999 settlement agreement. i having in to add until i hear back from the restaurant association s attorney. reporter: now he has heard back, a statement said in part, we are currently reviewing the document and we plan to respond
withdrawal of u.s. troops, and that is, in fact, true, and remember, president obama took off, wren he took office there were only 30,000 u.s. troops there as part of the nato mission and it has been documented in books like obama wars, how the president felt railroaded into adding troops and adding the subject adding 100,000 under the circumstance and now those who sided with biden wanted special operations and counterterrorism and drones to fight against the taliban and they have the president s ear. shepard: the white house keeps pushing back on these stories, and this line of thinking. reporter: they do, publicly, on the record, take a listen to the deputy national security advisor this morning in cannes. if there is any specific timeline beyond what the president has already layed out, which is, we are going to bring
shepard: is nobody listening? it is clear who started telling this information: herman cain did it back in 2004. he said so yesterday. hello? the chief staff tells fox news until he gets the facts he will take anderson at his word but regardless of how the story got out which could have been from herman cain who add mights he told it, come on, it does not appear to be going anywhere and a third woman says years ago he was aggressive and inappropriate with her and that at the time she considered filing a harassment compliment. and now, like from washington, but it is herman cain who says that herman cain told the story. i don t know where all the weirdness is surrounding this. herman cain did it. reporter: and charles krauthammer was the first to point that out. you saw him last night on special report, flatout blaming the rick perry campaign and staffer kirk anderson of leaking the story that two women accused