Friday Lightning Round: EPA regulatory agenda

This is a rush transcript from "Special Report," November 28, 2014. This copy may not be in its final form and may be updated.


MCCARTHY: We he have specifically looked at the coal states, at where they are, and we have made a goal for them or set a standard for them that we think is reasonable and achievable for them.

JAY TIMMONS, NATIONAL ASSOCIATION OF MANUFACTURERS: And what does that mean? That means a cost born by American citizens, by American consumers by increasing the cost of energy, increasing the cost of doing anything in this country, and limiting our ability to grow and expand and create jobs.


SHANNON BREAM, ANCHOR: All right, we're back with our panel. And you know, Friday Lightning Round, "Regulation Nation" won. So Charles, this week the EPA dropped what is being called the most expensive regulation in the history of federal regulations. That's saying something.

CHARLES KRAUTHAMMER, SYNDICATED COLUMNIST: They got even more in store what they are going to do next year on carbon. Everybody understands it's meant and will destroy coal.  And, you know, it's being challenged in the courts. I think it's a huge overreach. It's a use of regulation in a way that was never intended.

But I do think what the Congress ought to do when it's in the hands of Republicans next year is to cut the Gordian knot and now wait another year or two for the courts to rule to, to pass a single one line piece of legislation that says that the Clean Air Act of 1970 was never intended and will not apply to atmospheric carbon dioxide. Once do you that then you can't interpret the law to use it the way the EPA has to essentially take over the energy economy in the name of global warming. I think it can be done. I think the Republicans ought to give it a shot.

BREAM: And then it will go to the president's desk, Steve, where what will happen to it?


KRAUTHAMMER: But then we have a national argument. Democrats will have to defend that.


HAYES: We will have accountability. But the president hasn't been -- it's very interesting. Of course, if these measures were popular the president wouldn't have sort of passed 3,400 regulations or signed 3,400 regulations in the dead of night and passed them on to Congress. He would have had a White House ceremony and announced this and celebrated it.

The White House has never been afraid to talk about costs. Remember, the President of the United States when he was a candidate said that energy prices would necessarily skyrocket because of this cap and trade policies.  This is in the same basket.

BREAM: I want to shift now to a new word that there are more releases from Guantanamo Bay in the works. Here is what our own General Jack Keane had to say about that.


GEN. JACK KEANE, FOX NEWS MILITARY ANALYST: The Pentagon wants to move slower on this. They want to make certain that these are the most dangerous detainees we have, that we do not put them in the hands of people where they are going to facilitate them returning to the fight against us and against our allies.


BREAM: But, Chuck, repeatedly we have seen from the Intel agencies a recidivism rate estimated to be about 30 percent from everyone that the quotes has released from Gitmo.

CHARLES LANE, OPINION WRITER, WASHINGTON POST: This is not unrelated to the firing/resignation of Secretary of Defense Hagel earlier this week, because, as General Keane suggested there, the Pentagon has been very reluctant ultimately to sign off on some of these releases. You have about 140 odd people still in Guantanamo. About 60 odd are either considered too dangerous to release or already facing military commissions. There is one guy who has actually been convicted. There is another 70 or so who have been approved for transfer back to their home countries. But a majority of them are from Yemen, which is in turmoil right now. And it's very difficult to be sure enough that if they went back to Yemen they wouldn't join Al Qaeda in the Arabian Peninsula. The Yemeni government is incapable of guaranteeing us sufficiently that that would be OK. And that's the nub of the problem. And it's go be to be up to the next secretary of defense, whoever is unlucky enough to get that job.

BREAM: Chuck Lane is taking himself out of the running.

LANE: Yes. I'm not available to work on that problem.

BREAM: All right, I want to make sure that we get time to talk about all of your winners and losers this week. And with Guantanamo Bay up for our last discussion, Steve, I think maybe you should start us off.

HAYES: I could change my loser to Chuck, who apparently forgot that we were in the Lightning Round.


HAYES: My winner is Al Qaeda for precisely some of the reasons that Chuck was mentioning. I mean, when you look at it, there are 70 who have been approved for transfer, but they have been approved for transfer by the Obama administration overruling the Joint Task Force at Guantanamo which still has 100 of the of the remaining detainees are really bad guys, high risk characters. So when they are transferred, Al Qaeda will benefit.

My loser is the U.N. committee on torture with such members as China, Cuba, Libya, and Syria passing judgment on the United States and its handling of prisoners.

BREAM: OK, in a Lightning Round mention here, Chuck.

LANE: You have got to admit, those are all experts on torture, Steve.

My winner this week is Natalie DuBose, the proprietor of Natalie's Cakes and More in Ferguson, Missouri, who has weathered a terrible storm of vandalism at her shop and with the support of the community she is back in business maybe even stronger than ever. My loser is I think pretty obvious, the now former secretary, or soon-to-be former Secretary of Defense Chuck Hagel. Gosh, it was a tough confirmation and didn't get any better over the next couple of years, and now he's out.

BREAM: Charles?

KRAUTHAMMER: With these guys squabbling over loquaciousness I'm practically out of time. My loser is Jay Nixon, the governor of Missouri for the awful way he handled the riots, set up a sound stage and invited them.  And my winners, Mac and Cheese, the pardoned -- the two turkeys who were pardoned by the president, one of the few actions that he has performed that I agree on.  And I even liked the line he used at the ceremony, "Some will call this amnesty."


BREAM: Charles, that's fitting. Stay tuned, panel. But, you know what, if you ever wondered what happened to those turkeys after they get pardoned by the president, stick around, because that's next.

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