to drop out if trump won indiana. he did and you know the rest. that's it for us. thanks for being with us. chris stirewalt and ken blackwell among your guests. good night in new york. junjudge napolitano: good eveni, i'm judge andrew napolitano filling in for kennedy. f.b.i. investigators are getting close enough to the former secretary of state and her private service debacle that she released her own secret weapon. >> they said we want to see all your emails. she said they don't belong to me, they flongt state department. this is. >> game. judge --

judge napolitano: bill clinton is dismissing the scandal about her private email server as a game. she failed to protect state secrets in 2,200 instances while she was secretary of state. she received a two-hour tutorial from f.b.i. agents on the proper care and handling of state secrets before she swore an oath to protect them as secretary of state. she across manied she had an obligation to recognize and protect information on the basis of its sensitive fayture and not whether they bore classified warning or not. the department of justice referred to it investigation of mrs. clinton as a law enforcement proceeding that was the first public acknowledgment by the justice department. that it's investigating criminal behavior and it directly

contradicts mrs. clinton's allegations that it's a routine review of information. perhaps she rick recognizes how hard pressed she'll be to claim to the f.b.i. or the jury that she did not know that satellite photos of a north korean nuclear security or wiretaps of a yemeni and ambassador or the true names of american intelligence undercover intelligence agents were in fact state secrets. perhaps she knows now that this is not just a game. on the show tonight, i'll ask ambassador john bolten what he thinks about trump's foreign

policy. medical error are the third highest cause of death in the united states. and don't worry, kennedy will be here celebrating may 4 to ask which "star wars" character would you like to see in the oval office. i'm judge andrew napolitano and you are watching "kennedy." judge napolitano: last night donald trump won the indiana primary prompting ted cruz and john case up to us spent their -- to suspend their campaigns. can trump unite the party? >> we want to bring unity to the republican party. we have to bring unity. it's so much easier if we have unity. judge napolitano: jedediah bila,

dave smith, and eboni williams, also a fox news contributor. will the republican party finally get behind donald trump? >> i think there are a lot of people who just won't vote for him. these people are vehemently opposed to him. they feel he's been on both side of issues. you can find clips of donald trump being pro and anti. so i think it will be hard. one force that could make that happen is everyone is opposed to hillary clinton. judge napolitano: jedediah make an interesting argument probably shared by your young libertarian friend. is it? >> i think they will try to get around him. if they can get into the ad advisor positions and take over the administration. but if she won't go along with

the agenda they will be more comfortable with hillary. judge napolitano: are you telling me there is a group called libertarians for hillary? >> no, the neoconservatives. i think libertarians will be looking for another option like the libertarian party. judge napolitano: is the enemy of my enemy my friend? >> i think that moment of up is defeat, but july is a long way away. the republican pan -- the repubc can't party will want to get into the white house so bad they will open together.

>> i think when they want the toughness, what went wrong with john mccain and mitt romney is they felt they weren't strong enough and they didn't go after him. it's hard to watch when it's guys you agree with. but when you turn that toughness on hillary. you can't be calling her names and twitter. but toughness is respected. do libertarians find something to admire in this foreign policy? the iraqi war was a disaster, we don't belong in other people's backyard. >> you just convinced me you should run for president. >> we do like that stuff in his foreign policy. we don't like when he contradicts that five seconds later. but that stuff that you are talking about is very good, and at least we'll have a candidate

who will point out hillary clinton is a war hawk and has supported every war in my lifetime. judge napolitano: one of the biggest donald trump campaign mantras is rejecting super pacs and nobody can buy him off. but now he says he will resort to traditional fundraising in the general election. >> i won't be asking for money for myself, i'll be asking for money for the party. it's something we'll start on right away. judge napolitano: is this just the beginning of the changes we might see in mr. trump now that he's the presumptive nominee and can he do that with a straight face? > >> of course he can. some of the pivots are necessary and expected. you are going from a primary to a general, you have got to make some changes. this might hurt him. whether you like his policies, a lot of people love the fact that

donald trump is not controlled by purse strings. once he brings that into play that will change it for some people. >> is the bar lower for him than for mrs. clinton? is it easier for donald trump to change his mind? on accepting other people's money? because he's a businessman. businessmen go where the money is. >> people like to you say something and stick to it. they like consistency. they like to see that someone says something, and he actually talked about this as great length. he made this the centerpiece of his campaign saying i don't owe anyone anything and hence i'm not going to support this or support that because of money being an interest. people are going to hold him accountable for that. judge napolitano: donald trump told the federal election commission that he's worth between 8 and 12 billion.

knock on your door and ask for cash, what do you tell them? >> i think donald trump contradicting himself is donald trump being consistent. he's already kin kind of foughte entire republican establishment. i think he can make this work. >> where does he go for money? does he go to wall street? >> some of these small donors. he's got enthusiasm and appeal. people give him $50 and $100 at a time, that works in his favor. >> he shows up at charles koch's door, and says can you spare -- this is almost ridiculous. >> it looks bad. i think it looks terrible. if he's going to get donations from people that's one thing.

grass roots people around the country. this guy has a ton of money. sell a couple of buildings. you are saying i don't owe people anything, it's my money, it's self-funded. judge napolitano: is it a bernie sanders's type solicitation where he wants a couple hundred from everybody or a super pac? >> it's unclear. he says he doesn't want it for himself, but he wants it for the republican party. i have a feeling if i had to guess that he will court the big donors. judge napolitano: the panel returns after the break. the republican race is over but bernie sanders marches towards the national convention. is the democratic nomination still up for grabs? i'll talk to ambassador john bolton. when it comes to small business, she's in the know.

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judge napolitano: last night bernie sanders won indiana with 53% of the vote. who would have thought the gop race would end before hillary clinton's cakewalk to the convention. my panel is back. does bernie have a chance? >> he doesn't have a chance. but he believes what he says he believes. i think him being tonight makes

hillary a better candidate. it makes her sharper. she would have no challenger. she has had to fight for this. from a perspective on the right, it will make it harder for her to win in a general election. so i think it's good. i like that he's in there. i met him, i think he's an interesting guy. he's an interesting candidate who got people excited. >> he says some things about which you might agree about foreign policy and civil liberties and privacy. does he attract libertarians? >> no, too much socialist stuff. all of the things that bernie sanders is good on, he's got a mixed track record on and he doesn't like talking about. the stuff he's horrible on he loves to talk about. i don't think it will attract libertarians. judge napolitano: do you agree

with jedediah's argument that hillary can't stand having to ask people for votes and would rather be at her office in brooklyn preparing to take on donald trump. >> i she is insulted she has to participate in a real contest that was essentially over months ago delegate speaking. but i do think bernie adds some excitement and some level of enthusiasm and interests. otherwise it would be a complete snoozefest. judge napolitano: doesn't she look bad to her behind the scenes democratic colleagues on here it is may and she is still fighting this old socialist kook and she can't get rid of him? >> he came out of nowhere. he's older. it's not like he's a charismatic guy. and this has happened to her before. you had a guy pop out. barack obama. but i think they know.

democrats know she is a weak candidate. they know they have a weak candidate. judge napolitano: do democrats worry that the f.b.i. might do something and honesty is a serious issue with her. even if she is not indicted and the evidence is weak. how could she survive that? >> i don't know if democrats worry. they seem to have bill clinton's attitude that this is all games. it might be part of why bernie isn't dropping out because he's banking on that. judge napolitano: do you think the f.b.i. would run the risk of breaking the law by leaking material destined for the grand jury because they are frustrated their professional investigation has been squashed by the politicos in the justice department? >> i don't know that they would

go that far. but i do think if f.b.i. director jim comey recommended an indictment and there is not one coming from the justice department, that's trouble. that looks like such coercion and so shady and sceptical i think that ruins her. judge napolitano: is joe biden waiting in the wings? >> i hope so. i don't have any friend in d.c. judge napolitano: why did he make a highly publicized trip to iraq? >> i think that's why bernie sanders is hanging in there. joe biden is a highly competent guy. he's likeable and has attributes she doesn't have. i think a lot of big donors are saying we don't know what's going to happen. hold up, wait.

audit the fed. nobody else running for president that say that. >> i haven't heard him talk about the fed enough in this campaign, in anti-wall street. i'll bet a large percentage of bernie supporters don't know what the fed is. >> look at the white house correspondent's dinner. barack obama went hard at hillary clinton. he gave her a couple throwaways. but he came at her four or five times. and he spoke glowingly of his sitting vice president. i think the white house would love to see joe biden run. judge napolitano: my panel returns later to discuss how a federal judge ordered a woman to unlock her iphone and the apparent loophole that allowed

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the foreign policy of donald trump and isolationist. >> i don't think he is an isolationist. on isis you have a clear example of what a muscular trump foreign policy would be. he correctly says that if the united states -- i think this is what he's saying -- took a leadership role with kurd, turks and affected arabs that isis could be eliminated which is what president obama says is his goal sooner than later. why sooner than later? to reduce the risk of terrorist attack in the united states. judge napolitano: is it boots on the ground or carpet bombing or something less politically unpopular. >> i think american leadership is required to stitch together the part of the coalition that are required. it should be a coalition because

they are affected as are we. it's not their battle alone. they don't trust each other enough. it require our leadership and that requires boots on the ground. there are boots on the ground now. judge * you are a lawyer and legal scholar. i there any authority for boots on the ground or should congress declare war on isis for the fir time in history, a non-nation state and thereby unleashing the presidential power. >> there is existing authority under the authorization to use military force. the language is broad enough to encompass it. and as we discussed before the president has inherent constitutional authority to do it. politically for a new president coming in, donald trump it may make season to say, the takeoff and the landing. but that's a political call.

judge napolitano: do you john bolton think the american public is ready for a land war or do you think the bad case in everybody's mouths forker. iraq a dismal failure will prevent that appetite for a land war. >> the land war in iraq was not a dismal failure. there are a lot of steps in between the overthrow of saddam hussein and where we are today. the threat isis poses to the youth and others, too. direct threat to us, requires action to be taken out quickly before it strikes again in america. judge napolitano: how many troops are you talking about? >> i would like to hear for specifics than i have heard in an unclassified setting. but i think lyndsey graham may be close. i think we should demand that

the arabs, the kurd an -- the kl be and the turks put in ground forces. judge napolitano: did you not just describe the foreign policy of hillary clinton? isn't she a super hawk? >> negative. i think her heart has always been on the left. i think her view of foreign policy is essentially the same as barack obama's. i think that's demonstrated -- judge napolitano: the bombing of libya. >> she did not. i have a piece coming out very soon that describes why she is not a hawk. but she was comfortable with obama's policy and in her memoirs she could separate herself from it and she does not. i think what you would see in a hillary clinton presidency is a third obama term. judge napolitano: donald trump calls you up and says should we save nato or get out. >> i think the point he made in

his foreign policy speech is nato need to be improved and transformed. the point he made about our allies bearing their fair share is unanswerable. i can tell you from my own experience for decade we have been telling europeans to pend more on defense. how can a new approach not be worth trying. judge napolitano: am i looking at the next secretary of state? >> i haven't the slightest idea because i haven't spoken to the presumptive nominee by the. it's going to be a difficulty electric. i said from the beginning even when our friend rand paul was running, i was going to support the republican nominee against hillary clinton that's til my view. we have to hold the house and the senate as well. judge napolitano: have alligators evolved to prank us by ringing doorbells?

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judge napolitano: welcome back. i'm judge andrew napolitano filling in for kennedy who is definitely not up to anything illegal. rumors about kennedy escaping to mexico in a hot air balloon after escaping law enforcement are false. "topical storm." topic 1. one young lady real -- released a healthy butterfly out into nature and it first few flops of freedom are very touching. >> it's coming back for you. all right.

actually it's a little sad. let's find some kinder, gentler footage of a butterfly. topic 2. a rather large mammal hang out with them in their harbor. see if you can spot it. >> he's coming right here, dude. even in television i have not seen a mouth like that. whales are some of the most majestic creatures on earth. they can communicate with each other by singing. listen to it other worldly

music. [♪] topic 3. here is a public safety announcement. if you are going to transport your mattress on the highway remember to secure it properly before you hit the gas. lucky break for him. the same mattress that knocked him off his motorcycle also caught and broke his fall. topic 4. recently while walking his dog gary roger spot an unusual visitor on his neighbor's yard, an allocator. it's like a lawn gnome's hellish

nightmare. quite a shock for the family if they expect to see a drone delivering an allocator package. topic 5. everyone is a morning person including dogs, watch his lawb retriever -- watch his lawb doeh his labrador retriever struggle to get out of bed and come to his master. that's one sleep-deprived dog. i have not seen a dog that low energy since kennedy gave her dog cough syrup and took it to a

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judge napolitano: a federal judge in california has been ordered to unlock her cell phone using her fingerprints. fast codes are often protected. but man zieght one to unlock their phones with their fingerprints is in unchart

territory. should the government be mandated to make you unlock your phone by your fingerprints? the phone is hers. she is not a defendant. she is not charged with any wrongdoing. her boyfriend is the defendant charged with a crime. can the government make her open up that phone using her fingerprint when it couldn't mike her open it using her pass code. >> it's testimonial. normally they will say fingerprints can be gathered without a warrant. that's because it's fiscal. technology is moving faster than the law. judge napolitano: you mean the moral equipment of speaking, giving away information. >> that's right. judge napolitano: this was not after a trial. this was not after an oral argument which her lawyers were present.

this was after a secret private application to a judge by justice department lawyers with no notice to his woman that they wanted to use her finger print. does that smack you as bold and unfair? >> it's scary. you think of the slippery slope and what's next. with the way technology is moving you never know what's going to happen. it sounds like government overreach. i don't understand this debate about why people don't care i call you for these questions. judge napolitano: what do you say to people who say she had nothing to hide. >> that's a ridiculous argument. you give the government that power to violate people's privacy and fifth amendment rights. look at the history of the f.b.i. spying on civil rights leaders. judge napolitano: the government can use this as a listening device with it unless our pocket.

it's clear this is a violation of fourth amendment by forcing me to speak in a way i don't want to speak. fit force me to incriminate myself and others. we'll see where it goes hopefully we'll end up in the supreme court. speaking of courts, italy's highest coast appeals ruled stealing small amounts of food in order to avoid starvation is not a crime after the homeless man total equivalent of $5 of cheese and sausages in the face of the need for immediate nourishment. does the trite for survival prevail over private property? >> no, private property pre-veils over everything because you phone yourself. i don't understand how you can say it's not a crime to take someone else's belongings. judge napolitano: what about somebody who is starving to

death. we are talking about someone who hasn't eaten in a week and if he doesn't get nourishment in his body he will die. it's his burden to demonstrate it. >> i'm starving right now. i was told if i steal my boyfriend's chocolate cake at a restaurant i'm a hero. judge napolitano: we call it a defense of necessity. >> i think if hunger is demonstrated properly could be an affirmative defense. a judge would say what was your client feeling. i thought what difference does it make? if i are said milk, cheese, bread, he would turn the other eye. case dismissed. busy docket. fit was steak or something like that. judge napolitano: there are places in the united states, in california the police have a policy, if it's under $10 and

it's food they will not bother prosecuting it. they assume the person was starving. >> i'm a good actress. particular have all of you convinced i was suffering and steal your bread and cheese. judge napolitano: isn't the right to live a great right than the right to private property? >> i don't think your right to live gives you the right to violate someone else's right to ownership. i think the right thing to do -- i think the right thing to do is not throw someone in a cage who is stealing a little bit of food. but you don't say it's legal to steal someone else's food. judge napolitano: parents in wisconsin will now face fines if their children are bullies. after an initial warning parents

will be issued fines of $366. should these parents be held vicariously liable for their children's actions? can parents be held liable for the apparent behavior of their children. >> a lot of my friends are new parents. they try their best and they tell them what to do and what not to do and the kids run amuck because you d amok because you can't make them do anything. >> define bullying. in this day and page bullying can mean anything. you have someone called another kid an idiot at school? judge napolitano: how can the government make "a" liable for the behavior of "b." they are not connected and not there at the same time and one is not controlling the other.

>> do we want cops in the business of regulating interpersonal relationships between your kids? and the intense irony is you have the city government and the police bullying parents about what their kids say online. judge napolitano: when the government bullies it's protected. can the parent be criminally liable for the behavior of their children. >> i see online bullying where the parents were sued. civilly, i have seen the parents as named defendants. she should have known and acted as a barrier protection against the victim. i don't like that theory baugh i have seen it done. judge napolitano: is this part of political correctness? >> sure, there is a whole bunch of stuff that takes place. judge napolitano: isn't it part of growing up?

do you want kids to grow up in a sterile environment where the parents will be punished? >> there will be some level of bullying it's far less today than it was in past generations. >> i think you have to be ready. judge napolitano: coming up next dr. travis stork, the doctor is here. runners are training for marathons by getting high. later kennedy celebrates "star wars" day by hitting the streets to ask people which character would make the best president of the united states. if a denture were to be put under a microscope, we can see all the bacteria that still exists. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher, brighter denture every day.

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judge napolitano: a new study from johns hopkins university shows medical errors are the

third cause of death in the united states due to botched surgeries, wrong dosage and medication errors. dr. travis stork, host of "the doctors" which is in it eighth season. welcome. congratulations on the renewal of the show. i did not know medical errors caused 250,000 deaths a year. why i that? >> we don't know the exact number. it's impossible to know exactly when an error occurs. not every one is documented. there are a lot of things about our healthcare system that are wonderful. i'm proud to be a doctor. we have the most rigorous training you can manage. but our healthcare system is broken in many way. one of the ways it's broken is systematically we don't have he check and balance in place that we probably should. and a lot of errors happen

because quite trainly any time you introduce a human element -- june * these are normal human errors. something is misread or miscommunicated or something is misplaced. it could be the wrong medication give to the wrong patient. the wrong dose and. we have heard crazier stories. there have been stories where ag limb is amputated or the wrong patient gets the wrong surgery. june * three years ago i had surgery on my knee. a world famous surgeon came to me and made an x on my knee. what the heck is that for. is it as basic as something like that? >> it is. a lot of hospitals i have to give them credit.

instituted method like that and there is always double-checking. some hospitals are doing a great job. before he surgery and medication is given, double-check. to reduce errors you have to have the systems in place. medicine, we are behind the times. the thing you can do as a patient is ask questions. any time someone is gig you a medication. you say i want to double-check. is this a medicine i need. also the big thing a lot of people carry around what are known as drug allergies and they don't know. some kid will be diagnosed at a young age as having a drug allergy. and understanding what your reaction is to these drugs is important. allergic reactions can cause untimely deaths in hospitals. june * marathon runners are getting a runner's high thanks to the rising trend of smoking pot while training for a race.

they say it helps them avoid fatigue and avoid pain. is toking up before a race a good thing? >> i'm from colorado originally. judge napolitano: but you don't do this. >> i have never done this. but having read about many long distance runners who do this say it decreases their pain and they are more present in the moment. personally i would think there is a good chance of injuring yourself. judge napolitano: wouldn't it make you nawg or lethargic? >> you would think. it's counterintuitive. it doesn't make a lot of long cal sense. they have discovered a runner's high is not necessarily what is from endorphins. it's from the brain.

could it have some correlation with the theoretical high of marijuana? judge napolitano: congratulations to you on the renewal of "the done tores." kennedy hit the streets to talk about their fast it epic saga involving space wizard. up to 38% more than allergy medicine alone. shut your mouth and say goodnight, mouthbreathers. breathe right.

judge napolitano: happy "star wars" day. today is may 4. so may the fourth be with you. we are sending the show to a throwback to miss kennedy herself. she is hitting the street to ask which "star wars" character they would next like to see as our next president. kennedy: "star wars" fear is

gripping america as is presidential fever. it's time to hit the street and combine the two to see if i have the cure. which character from "star wars" would make the best president. >> that's hard, yoda of course would make the best president. he will kick your can. yoda for president. kennedy: which "star wars" cake would make the best president. >> luke skywalker. kennedy: what about yo -- a. >> he's wise but too cautious. >> probably chewbacca. kennedy: why is that? >> because he's big and he knows what he's doing. >> oh, my god, the wookie. >> why chewbacca?

>> so hairy. >> i thought i would be the only one to like hairy beasts. kennedy: do you like "star wars"? which "star wars" character would make the best president? >> i think hans. kennedy: which "star wars" character is most like donald trump? >> jabba the hut. >> darth vader maybe? >> we need someone who is evil, i guess. we need an evil president. kennedy: that's one thing missing from this presidential race. judge napolitano: thanks for watching the show. kennedy will be back tomorrow. don't forget you can watch new episodes of kennedy monday through thursday 8:00 p.m.

eastern and 5:00 pacific. follow kennedy on inextraa gram and facebook. and kennedyfbn@foxbusiness.com. >> i went through 50-some-odd years of my life and had no clue. >> an inheritance they can hardly believe... >> what was your reaction as you opened those first boxes? >> it was mind-blowing. >> why does andrew green have george washington's will? >> bare-knuckle politics, cold-blooded murder, a legacy all but snuffed out... >> this was a cloud of suspicion of having lived a double life. >> what did they do? >> what are the chances that those boxes would've just been trashed? >> very good chance of that. >> what would you do? >> well, it drove me crazy. >> how 'bout 6,000? >> and what's it all worth? >> you think you'll ever get another auction with a story like this? >> no, i kinda doubt it. [ door creaks ]