hipp will be among our guests tomorrow. thanks for being with us tonight. good night from new york. kennedy: i'll say it, hump day. i'm watching bernie sanders douse hillary clinton's political fire wall in political kerosene. it's less than half a digit. hillary is going all in on the state best known for gambling and hookers. but things aren't looking so super, they are looking like a sunday morning vegas hangover when you realize you have a new rash and no money.

latinos a waking up to the fact that this goody bag is much better. >> not everything is about an economic theory, right? if we broke up the big bangs tomorrow, and i will if they deserve it, if they pose a systemic risk, i will. will that end racism? kennedy: i don't know, maybe. but people have hope their personal economies might improve, that's more intoxicating than the empty power grab by the woman who thinks she deserves to be president because she has lady bits. if race relations are this bad after an obama presidency, can she do better in the fight against 60'sism? in the latest quinn -- against

sexism? in the latest quinnipiac poll, bernie sanders has his largest margin ever. 19% cruz just one point behind. until one of the two remaining senators gracefully exits from the race to a thwart the donald, mr. trump is on the march to the nom. that means the next time you and i meet. by this time monday at least one of these men may be electorally deceased. [♪] [playing "taps"]

kennedy: blink if you can hear me, dr. carson. supporters of bernie sanders have a video proving their love. the fight continues over replacing justice scalia. samsung issuing a warning. your tv may be spying on you. i'm kennedy. donald trump gaining momentum as 39% in the polls, his highest yet according to question i yak. in south carolina, trump is 39% and the latest post-debate

monmouth poll, senator ted cruz, 16 points behind. let's bring in the chrome-plated party panel. jedediah and jimmy is wearing beige and the checkerboard tie. producer of raisin tv. welcome, everyone. this is exciting. kennedy: let's talk about trump a little bit. when i this promised implosion going to happen? >> i don't think it's ever going to happen. everyone keeps waiting for it and says this type when he says something crazy, this will be it. marco rubio sounds like an auditor book gone bad.

very repetitive, he's not inspiring. ted cruz sounds like a preacher, one you you want to get out of the churchr church and go somewhere else. i can understand why fee look to donald trump and say this is a no-nonsense kind of guy. but not everyone studies your entire history. they look at who you are in the here and now. he will fight the no nonsense guy and the politicians, so i get it. >> my neighbor jen likes to say he may not be perfect, but he's perfect for me. i think that's how a lot of people feel about donald trump *. cruz or rubio has to get out of the race. >> they are sucking up anybody but trump oxygen. but the anybody but trump or cruz vote is now in the minority. trump and cruz combined have

well over 60%. even though cruz is supposedly more respectable than trump because he's a united states senator, he's hated among his own party in the senate. and it's a big problem rallying the controls. kennedy: when conservatives band together and run a third-party candidate, i don't think cruz will be on the short list. would it surprise you if when donald trump becomes president he actually nominate himself for supreme court? >> the trumpman? i could see it happening. this is where we are at with the trump thing. i agree with jedediah. the rnc is in a rom-com. in the beginning of the movie there was no way they were supposed to get together with this guy.

but he has gained enough traction we might have to watch this happen. we have this establishment guy jeb who will show you a good life. this is jeb bush's rom-com, how to lose a nomination in 10 months. >> a brokered convention will be wild. it's probably more likely to happen on the republican side. >> i do think at some point hillary will separate from the fact which is bernie. but i do think jeb has so much money in the bang, he could hang around for so long. kennedy: he could, but that doesn't insure victory. >> if he and kasich are sucking off 10% here, 10% there, this could go all the way. kennedy: on the other side of the aisle hillary and bern are you are nationally tied.

even in nevada clinton and sanders in a dead heat. bernie 47%. this is so interesting to me because how did bernie knock down her fire wall. how did he go into a place where he wasn't supposed to do well. he had no presence in october and in a short order has created a fountain of enthusiasm she cannot match. >> when you had that polling initially, she figured i'm the only one here. nobody is going to vote for this socialist guy. he's an old guy, he's got nothing on me. but bernie sanders is charismatic and fun. he's like a walking snl skit. people like to be entertained. he has got the youth. he has the youth coming out for him. she has got to be losing her mind. first barack obama comes in and

steals her thunder and her mind. and then you have this guy pop up out of nowhere. she is a terrible candidate. you can feed her the best lines and she can't deliver them. kennedy: she doesn't have a soul and she doesn't have a message. what bernie sanders has is the enthusiasm not only of younger voters, but also union membership. not the union bosses who seem to be in the take for hillary. is that going to be a factor in nevada? >> it's a populist year. populists love to stick it to the establishment. as far as hillary is concerned. obama came out, he was young and supposedly transformative. bernie lacked all those beautiful optics barack obama brought to the table. defeating hillary clinton is like defeating mike tyson or tom

brady. >> you can't take that first shot from tyson. >> he's busting up her inevitability is what's happening. >> i feel so bad for upa right d for huma. you know how many times she has been sent out to 7-eleven? >> she is drinking scope. a programming note. make sure you tune into fbn's live coverage of the democratic caucus and the south carolina primary is saturday starting at 6:00 p.m. eastern. get ready for a bernie sanders music video.

kennedy: hello and welcome back. the woman who wrote the 2007 viral video "crush on obama." she has come out of hibernation to back eats trendy democrat, bernie sanders.

viewer warning ... ♪ it's never going to stop ♪ you are much more than cute ♪ your hair is white but you have fight for civil rights ♪ kennedy: i warned you. will this required yes energize bernie's base or merely induce blah. my panel is back. so i thought they were suppose to be liberal and talented. >> when he watched the video she said what is the bay?

why is she calling me a body of water? >> you are much more than a human burken stock. kennedy: credit where it's due. bernie is obviously blatantly sexual. >> he's obviously going to come out and renounce this and the entire millennial generation. >> they will love him for it. >> in bernie's socialist utopia we'll all be dressed in gray and the music will be cultural live approved from a bureaucracy up on high. kennedy: ever dated a sanders supporter? >> my first boyfriends who was much older. he was about the same age,

equally liberal. it was a college professor. that's kinds of my type. i keep saying bernie sanders i finds him cute. everybody thinks i'm joke. >> somebody has a grand daddy complex. i like the night to start at home. kennedy: when you are playing tonsil hockey and make body congress you don't want to emerge smelling like bengay and dentucreme. he's married so he would not go there. i'm a sucker. every now and then a socialist turns me on. it's the truth, i apologize for nothing.

>> my favorite part of the video of is where all the girls went to hell for not supporting hillary. kennedy: the panel returns later to talk about samsung issuing a warning that your tv might be spying on you. should you be worried? judge napolitano gets personal about the battle for justice scalia's seat. you don't want to miss this interview. it unless a

kennedy: with justice scaly atmosphere unexpected passing

over the weekend, it sets a colossal battle for democrats and republicans that could have ramifications for all of us. i spoke to judge napolitano. how big is this fight we are headed towards? judge napolitano: i think it will be colossal if i can use a word that grand. it take the issue of gun rights. the leading decision written by justice scalia. in a rare deference to natural rights found that the right to defend yourself is a prepolitical fundamental liberty. those are code words for our natural rights it comes from our humanity, it doesn't come from the government. the second amendment doesn't grant right to bear arms. it keeps the government from first interstate fearing with your right to defend yourself. since this new case, barack

obama will probably use anti-gun rights as a litmus test for his nominee. so it's nearly a certainty whoever the person is nominated by barack obama top reef place antonin scalia would have vote -- to replace antonin scalia would have voted the opposite and will do so the next time the case comes up. your right to keep and bear arms depends on the outcome of this nomination. will it be president obama's choice or will it be the choice of whoever succeeds him. kennedy: it seems there will be tension between the republicans and democrats. we have to take snoct negativity and what are the far-reaching impacts of that. what's more important for you? filling the vacancy on the court or who becomes the next president?

>> it's hard to answer. my world is the court and the constitution. and unless nature interest creeds. whoever this person is that succeeds justice scalia will probably transcend whoever appoints him or her. whether it's president obama or whoever succeeds him. justice scalia commented to me as much as he had differences with people who occupied the white house when he was in office. but he assumed he would always be around longer than they were. but president obama will probably nominate a judge of the united states coast appeals in his or her 40s so the person could serve for 4 some years, who was just affirmed by the senate last year. there is five of them. they are all liberals, they are all academics. they all were affirmed 98-2 or

98-0. so senators have a hard time explaining why they would vote against someone they voted for. once you get into the merits of the nomination the republicans will lose. the president will pry loose enough of them. justice scalia said his greatest fear in life was that he would be succeeded by somebody who would undo what he has done. if he is succeed bid his opposite number, the undoing will not be overnight. the court will not revisit. it doesn't have jurisdiction over its former cases. once a case is decided the supreme court decision goes away. kennedy: you wouldn't know that if you have listen to ted cruz.

he's essentially saying the court fit takes a liberal swing will undo some of those monumental cases. judge napolitano: it might but only through the proper chablgs which takes d channels -- through the proper channels which takes years and sometimes a generation. kennedy: my worry is it will engender ill will. judge napolitano: i agree. that person will have to be in sync with senator mcconnell. we have the war on terror, the economy, the proper moral constitutional role of the federal government in our lives as at major issues in this campaign.

kennedy: thank you, judge. coming up, a music video showing anti-gravity.

kennedy: when life gives lemons, throw them in the trash because lemons are boring. this is the "topical storm." topic number one. pools can be such a hassle to maintain. you have to chlorinate them and scoop out leaves and dead bodies. then of course there are man kids. in this case. look at them. they are enjoying a family pool in south africa. frolicking monkeys. they enjoy a nice refreshing cannonball like the rest of us.

they actually have far more in common with you and i than you might think. remember these monkeys in the caribbean when they were exposed to gicialty cocktails? -- to girly cocktails? >> after each daily raid, other human parallels appear. they started knock up convenience stores. you know what happens when too many man man does have too many drinks. >> goat your pause off me you damn dirty ape. kennedy: topic number 2.

watch this adorable little boy playing in the snow with the most trust trusted person in hi, his dad. he will slay dragons and protects him to the ends of the earth. watch. >> that's good. that's good. daddy, that's really good. kennedy: he leveled that kid. those emotional scars will take longer to heal than the full body bruises. note to other winter:loving dads out there, of snow is heavy and kids are light.

topic number 3. in our keeping them honest. riley was shaking his bacon at a concert when he lost everything. a mysterious envelope appeared in his house with his credit card and driver's licenses. the note read, i found your wallet and driver's license. and your address. here is your credit cards can other important stuff. i kept the cash because i needed weed and the wallet because it's kind of cool. toadles. anonymous. maybe the kid had glaucoma. and needed the reefer.

this video was made in anti-gravity. holy floating paint balls and pinatas. the good people of f-7 airlines picked the very best. oh, yes. topic number 5. "the tonight show" is going to use the tanner family as a

touchstone for the 2016 elect. >> look, donald, we understand you are used to winning all the time. now that you might not, you are scared and confused. >> you are right. whatever happens i get disability. i love that. >♪ when you are all alone ♪ a light is waiting to carry you home ♪ ♪ he where you look kennedy: take a look so you can see the real show from the 90s. take a good look at cast back then. they are so angry.

the show was so much more dramatic than i remember. if you have anything you want to see on the "topical storm." tweet me and use #"topicalstorm." we were born 100 years ago into a new american century. born with a hunger to fly and a passion to build something better. and what an amazing time it's been, decade after decade of innovation, inspiration and wonder. so, we say thank you america for a century of trust, for the privilege of flying higher and higher, together. ♪

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has your phone turned you into like, scoring the perfect table. or getting a better seat. or let's say there's an accident. if you have esurance, you can use their app to start a claim. upload a few photos and an esurance claims rep will help you get your money fast. maybe that doesn't make you a control freak. more like a control enthusiast. auto and home insurance for the modern world. esurance. an allstate company. "topicalstorm." kennedy:inacampaigneventinsouth c kennedy:inacampaigneventinsouthc arolinajeb jeb made a joke that can't land while listening to lyndsey graham. >> we came to the right place. how many of you are democrat? it's your country, too.

kennedy: jeb tweeted this fairly cryptic message earlier. so what was the confusion? did he not understand what lindsey was asking? >> i thought that at first. but since we widened that clip out, it was a bad joke it was his attempt to be empathetic and humanize together brave souls who were admitting they are democrats in the crowd. but it didn't work. kennedy: even edward snowden dust off the computer and told them to delete his twitter account. then he tweeted the picture with his gun with his name on it and just said america. >> i was glad to see someone

embarrass themselves on twitter beside kanye west. the idea of jeb handling a begins hilarious. remember the nervous guy? if anything, i'm glad it wasn't point at himself because it's not going good for the jeb man. >> sometimes they feel bad for him. >> donald * is like a friend or someone who can call him. you don't see me out on the court trying to make it into the nb parks because i can't shoot. there are things i can do. but this guy is so bad at it. i wonder if there is no self-awareness. >> at least you have a good outside shot. >> this is rude. it's his family's fault. they are like people with a fat

kid that make him run track. they are in denial. i think he knows it's not working. kennedy: that's why i feel so bad for him. he can't do anything to get traction. he had all this money pour in because they thought it would be the extension of the part ring family. >> george screwed up the plans when he started running in 1999. i think they always thought of jeb as the more competent of the two. jeb -- this clumsy enough but jeb was caught on film unable to make and throw a snowball. kennedy: he needs to learn from the dad on "topical storm." samsung is warning their customers to watch what they say around their smart tv because the voice command option could be used to listen to conversations by third party

vendors. in which case that death threat i made the other day was taken out of context. so tvs are listening. reporter: the third party in question that's listening is called nuance. irony is dead. kennedy: but spying is alive and well. they say we promise we won't sell your recorded conversations to another party. but you don't have to sell stuff to the government. you just hand it over. >> they don't have to be compel bid a search warrant. >> carly fiorina whittles her way into a cabinet position. do you have a samsung tv? >> i do. i haven't trusted television since poltergeist. i assume privacy is dead.

it can take over your whole apartment. you might have to look for me in the tv later. these are things you learn when you are young. >> when agai gene hackman tearsp his apartment. it's going to happen. we'll be at the point where in 20 years the tv is reading our thoughts. the real probably is how lazy we have become as people. we couldn't use the remote? like that was too aggravating like we needed to talk to the tv because you wanted to pick up a button? >> an thon which, jimmy, and jedediah, so wonderful to have you all. coming up.

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kennedy: hello to you. hillary clinton says republican opposition to president obama appointing a new supreme court justice is flood racism. how convenient. republicans say they will reject anyone president obama nominates no matter how qualified. some are even saying he doesn't have the right to nominate anyone. many republicans talk in coded racial language about takers and losers. they demonize president obama and encourage the ugliest

impulses of the paranoid fringe. kennedy: please give me an example of this, madame secretary. mary katharine ham, i'm the cream in the middle of an oreo. there is so much fox news contribution here it makes my heart full and light. mary katharine and guy, welcome. mary katharine, hillary clinton says using terms like loser is coded racism. when he uses it repeatly does that mean he hates white people? >> she is trying to sort of lock count minority vote which she hopes to beat bernie sanders with in south carolina and nevada. i have just have to say i think it's anti-semitic for her to run against bernie sanders and sexist of him to run against

her. so you have to go to the gop to escape this hatred. kennedy: guy, you are a master analyst. so please use some of hillary clinton's logic against her when she claims that senate republicans who are going to thwart any supreme court nomination are somehow racist. >> hillary clinton as a senator was part after filibuster for two years against miguel estrada. she apparently was an anti-latino racist at the time. and she was a bigot when she and her husband tried to filibuster samuel alito. tim scott in south carolina, the next president ought to pick this replacement is sometime

scott who is 100% african-american racist again obama as well? i'm trying to keep up with the rules of the dog whistles and the racism. this is exactly what the left does over and over again. 9 months ahead of this. opposition to obama is raifts. opposition to hillary clinton is sexist. kennedy: i think tim scott is only racist against obama's mom's side of the family. that's a book worth reading. it's more pressing every single day as these issues arise. because hillary clinton is conveniently putting people in identity boxes, maybe that's why she has seen her 25-point lead in nevada diminish to half a point.

>> a few weeks ago, a uterus doesn't qualify you to be president of the united states. you have to have policy that is reflective of social justice. kennedy: that's right. what some are the left are trying to do is infer what he was saying was having a uterus disqualifies you from running for president. i don't understand why people are attacking killer mike other than hillary clinton sent in more henchmen because it's a very effective spokesperson for senator sanders. >> i'm no about there are fan but i love this story and how killer mike respond to it. he has cultural cache. he was queeght feminist activist when he used this line and it was completely taken out of context west was put on twitter.

the "huffington post" talked to jane elliott, also a bernie sanders supporter and said this is a ridiculous thing to be upset about. so counts me a fan of these two fans of bernie sanders. kennedy: what i move most about this election, we know politics makes strange bed fellows. but we are cozying up with people we never thought we would be in a sleeping bag with. >> i wouldn't say arowtds, but i think it's interesting to watch bernie sanders sustain these attacks, this is phoney outrage. bernie sanders has been called sexist by hillary clinton and her team and allies week after week after week. it shows how desperate they are, how bare the cupboard is when it comes to actual arguments. i think it's useful for republicans. if they are willing to go nuclear on bernie sanders as a supposed sex test for having the

temerity of challenging hillary clinton for the democratic nomination, she'll use that epithet against absolutely anyone. she is watering it down. republicans say look she'll call us a 60's 60's d she'll call usa sexist. she is a one trick pony. kennedy: thank you for being here. coming up, apple ceo is refusing a court order to help the fine spy on phones. it's a proxy value with the government up to the highest level.

kennedy: i love that you are here. let's finish up strong. f.b.i. investigators in the san bernardino shootings have asked am to break the encryption of syed farook's phone.

tim cook says apple will fight the order saying the f.b.i. wants us to make a new version of the operating system. in the wrong hands this software which does not exist today would have the potential to unlock any iphone in a person's possession. there is no way to guarantee such control. liz mcdonald joins me now. so tell me about this fight, and i have to warn you, i'm on the side of tim cook here. reporter: what he's saying is the software in the hands of the government means they could hijack the phone, micro phone, any contents of what you have in your iphone. the government continues to say -- the department of justice and the white house, no we only want this one specific iphone

and it is owned by syed farook's former employers. that apple was breaking into iphones prior to 2014 before it did this encrypted ios operating system. kennedy: encryption is one of their biggest selling points it's not the terrorists who want encryption. i trust tim cook with apple technology much more so than the federal government. we know the federal government has been spying on americans and not coming clean by the and sending operatives to lie to congress. reporter: tim cook and google have built their brand recognition on customer privacy. twitter -- a lot of people on social media are supporting what tim cook is saying. law enforcement says this is a

court order. banks played ball with us, why is silicon volleybal valley bal. dbalking. i guess my worry is if they create ways being called a skeleton key, to what end? there is no guarantee this will not be used on everyone else's iphone and hacker won't be able to get a handle. >> people are spooked by it. in the time of smart tvs if you don't turn off the voice recognition which is set by defail to record you. kennedy: hopefully privacy and civil liberties will prevail. thank you. i love it. thank you so much for watching

the show tonight. please follow me on twitter and instagram. and email at a paid advertisement for time life's music collection. ♪ chances are 'cause i wear a silly grin ♪ there are artists we'll always remember... ♪ mona lisa, mona lisa ♪ men have named you there are beautiful songs, words and memories that will always touch our hearts... ♪ it's impossible ♪ to tell the sun to leave the sky ♪ ♪ it's just impossible this is the music of your life.