This is a rush transcript from "Special Report," December 10, 2014. This copy may not be in its final form and may be updated.
BRET BAIER, ANCHOR: Senator Dianne Feinstein, the chair, outgoing chair of the committee. If anybody didn't think that that factored into this whole release of the report, I think -- we're back with the panel -- A.B., it likely did.
A.B. STODDARD, ASSOCIATE EDITOR, THE HILL: It did. And she -- look, this is not a person who's earned a reputation as a person who throws partisan bombs, seeks the spotlight, is a game player. She's outraged and I think that she should be. I think it's putting it mildly to say it's a separation of powers violation.
That said, I think that Americans probably believe the truth lies somewhere between Dick Cheney's account of this and reports that once KSM's will was broken, the discussions translated into 2,000 intelligence reports, and the Senate intelligence report. I think people think -- were there abuses? Yes. People have told us there have been abuses. Was it rampant? Probably no. Did they go rogue? Probably not.
And there is a larger question whether you're in the military or our intelligence community or defense community right now carrying out the policies of this administration or the next one, will you someday be subject to this kind of public condemnation? And with that in mind, will you go into this business or will you stay into this business at a time when we're so precariously positioned in the world in many wars and hot crises?
BAIER: Speaking of that, new Fox polls out tonight on a couple of interesting questions. First, ISIS -- will ISIS try to launch an attack on U.S. soil soon? Look at this, 81 percent of you think it's likely, 16 percent unlikely. If an ISIS terrorist is captured on the battlefield where should they go? Gitmo, almost 60 percent of you; a U.S. federal prison, 29 percent of you. What should happen to Guantanamo Bay and terrorist suspects imprisoned there? Now, keep it open up four percent actually from June. Surprised by those numbers, Jonah?
JONAH GOLDBERG, AT LARGE EDITOR, NATIONAL REVIEW ONLINE: I'm really not. I mean, look, in a lot of ways the last eight, five years the general public has been the one leading our foreign policy to the extent it can. Barack Obama has wanted to do lots and lots of things that the general public just doesn't want him to do. He got dragged into all this mess with Syria because Americans were justifiably outraged by the beheadings of Americans.
And, I do want to make one point about this drone argument that a lot of people on the right are making. I think it is a dead end in a lot of ways because the moment Barack Obama is out of office and a Republican gets in, the left will say droning is bad, too. And they said we have to win Afghanistan right up until the point they were responsible for trying to win Afghanistan. They abandoned that also. And, my guess is they will pocket the concessions on the interrogations and then they will do the exact same thing with the drones as well.
BAIER: Interesting. I didn't get the time, but Vice President Cheney also on another issue is a proponent of robust executive authority and executive power, and Republicans line up behind that, most of them. But when it comes to the president's action on immigration they don't. So it's the same kind of deal. Last word, Charles.
CHARLES KRAUTHAMMER, SYNDICATED COLUMNIST: National security, the president has a lot more leeway under the Constitution. He's commander in chief, so it's been traditional that he gets a lot more authority, but not on immigration or domestic stuff.
Look, with Feinstein, she may not have a reputation of being a partisan. But after now she will have a reputation of bearing a grudge. You can just see that she is seething with anger about the CIA and that a lot of this has to do with that anger. And it's one of the reasons why there is an egregious lack of any information, statements or otherwise from anybody involved in the program. And that I think sets it up as the hit job it was.
BAIER: That is it for the panel. But stay tuned to see how one NHL star honored the late Nelson Mandela.