tom: thank you both have much. that's it for us. thanks for joining us. congressman mark meadows is among our guests tomorrow night. in the meantime good night from thanks for joining us. kennedy: happy hump day. are you struggling with insomnia or a feeling of apathy. you are not sick, you are depressed. as f.b.i. director james comey dismantled hillary clinton's defense of her private server, she still gets to keep her head. it was nice for a moment to think the world's least likeable

politician was exposed as a total fraud. >> i did not email any classified materials to anyone on my email. there is no classified material. kennedy: right. i want to use a word here that rhymes with pulpit. >> 110 emails in 52 email chains have been determined by the owning agency to contain classified information at the time they were sent or received. kennedy: huh, that makes her a big liar. remember when she was asked if she erased nose emails she flippantly answered in this famous exchange. >> like with a cloth? i don't know how it works digitally at all. kennedy: come on, director comey, you are a man, you aren't

going to take this garbage party lying down. >> the lawyers cleaned their devices in such a way as to preclude complete forensic recovery. kennedy: i'm left with a gaping hole where justice used to live. maybe paul ryan can make it better. >> what mystifies me is the case he makes and the conclusion he draws, this does underscore the clintons live above the law. kennedy: that gives me a hankering for steven seagal. steven? you ain't above mine. if enough steven he gals get fired up by comey's methodical takedowns, perhaps she won't live above the law if she is shock blocked from office by frustrated voters.

until then, madame untrustworthy has a new campaign slogan. hillary may be an unlikeable shrew, but at least she wasn't indicted. president obama says hillary clinton is the most qualified presidential candidate in history. it's so much fun. matt damon wants to take your guns. that will put the shock in it fast. i'm kennedy. look at hillary clinton avoiding indictments. but is she in the clear in the court of public opinion. dagen mcdowell is here. >> it's depressing. charles cook is here.

he's an online editor for the "national review." and tom shillue, host of "red eye" on the fox news channel. intense pondering, the clintons don't just think they are above the law, tabove the law. >> i think that you mentioned something in your monologue, it's up to the voters. that's the real message here. maybe comey was sending that message. he is a republican. he's very ethical but he may have taken a pass on this because it's saying the base in your court. he's telling us what she did. we know what happened. if we elect her, it's our fault. kennedy: it seems like he was keeping score of every statement she made and the flimsy defenses she made of the actions she had taken.

he knew they were falsehoods and they were proven on further investigation. comey took the easy way out. he was standing at an important crossroads and he chose the path of least resistance. >> if comey genuinely believed there would be no reasonable prosecution and no grand jury would push the case further, then okay. if he believed this was to go to the public for a verdict, then he should resign. that's not how it works. if it were to work like that we would have a country in which everyone else was judged by the justice system, and people running for office baits was somehow -- because it was somehow unreasonable to meddle. that's not how justice should work. kennedy: being given the most powerful position in the free world is different from an acquittal. i think he has a responsibility

to see justice through and he made such a case that he obviously believes that there were injustices committed. >> it's farcical now. if you listen to the message coming from democratic quarters. she's not a felon, she is just extremely reckless. elect her president. kennedy: my worry with this is if she gets to the convention without an indictment, that she'll become the next president. >> jim comey created an ad for donald trump to run. lie, lie, lie, and cut it any way you want. but that is -- that's his home run if he can use it and stay on message. he brings up saddam hussein yesterday.

>> that's cut and run. kennedy: reason did a good ad. until now, he's got one. but hillary clinton's campaign had run 20,000 ads since june. trump had run one ad. he's got this and everything else about her that he can fight her to the finish, to november. with jim comey the thing that bothers me so much, in this history he has been an overzealous prosecutor. he went after an investment banker twice over one email. he was prosecuted. hung jury and they went after him again, convicted and overturned on appeal. kennedy: what kinds of roadmap does hillary clinton have to lay

out before the f.b.i. or the justice department or federal judge that says we are trying to shield and protect ourselves from foia requests. let's set up the system we want so we are protected. how is that not felonious, not to mention the way she compromised. she said her various raids were victims of foreign hacks. >> the inspector general's report says she and her staff were warned repeatedly that this information was at risk. they knew the risk was there and they didn't do a thing to change it. comey said in the presser yesterday, under similar circumstances, a person who engaged in this activity would face no consequences. to the contrary those individuals are subject to security and administrative sanctions. how about prosecutions?

kennedy: who knows if anyone associated with her campaign or anyone on her team is going to have their security stripped. members of the house advocating for his position not to prosecute hillary clinton. >> i want to understand the basics. like what is the difference between gross negligence and extreme carelessness. he made strong allegations that her attorneys had purposely destroyed hardware in such a way that they couldn't piece this case back together. are there consequences for that? kennedy: i don't know if they will be able to humpty dumpty anything from this. >> hearings do nothing. the american people don't care about anything anymore. nixon, my childhood was like -- the country was just crushed that richard nixon lied to the

american people. what hillary clinton did, benghazi and now this email thing. it's much worse than nixon. but people just assume. they are so used to corruption. they just don't seem to care. >> people have given up, so there is no accountability especially for the clintons. this is what congress is there for. the federal bureau of investigation is part of the executive branch. congress created it. it controls its funding. kennedy: can any charges come from it? >> did she perjure herself? and did her accomplices violate the espionage act. precisely the question jason chaffetz would like to know the answer to. what is the difference between

gross negligence and extremely careless. kennedy: if you look up gross negligence you get the term extreme carelessness. they are interchangeable phrases. you don't have to have intent to show gross negligence. >> she sat dwownt f.b.i. for a 3 1/2 hour interview saturday morning. did she repeat these talking points that were exposed by jim comey? because if she did, you don't need to be under oath. if you sit down and lie to a federal investigator, it's a crime. kennedy: james taupie's appearance before congress is set to begin at 10:00 a.m. tomoow. dold tmp goeaftethe e ise abt hiarylint tha irtatehim e mo.

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better for the environment and my bottom line. that's how i own it. keep * hillary clinton delivered a speech in front of the shuttered trumka season oh in atlantic city. she lambasted hip for his

business dealings and bankruptcy. >> donald trump doesn't think going bankrupt is a big deal. but it's devastating if you are somebody who plays by the rules. kennedy: charles, these two go back and forth every day and they both -- say gee, to declare bankruptcy, he's unfit. they use the term "unfit" a like. >> they are both right. neither are positioned to mike criticisms. they are both dishonest and unfit for office. they are both part of the elite class. he inherited a lot of money. he would have made a lot more if he had stuck it in the to be market. it would have been so much more

fun for everyone. he had credibly call her dishonest and unfit because he's dishonest and unfit. >> i can't vote until next summer. i would probably vote for gary johnson probably. i certainly wouldn't vote for either of those two. kennedy: geoghan. what is -- dagen, what is the best thing donald trump can do? you pointed out earlier in the show he went into the mire pile and started talking about saddam hussein. >> you were basically a servant of the people as the secretary of state and you lied for your own benefit and you skewed the rules to the point where you should be charged with multiple felonies.

when she start talking about businesses. it's like me describing how to perform breast implant surgery. she sound completely out in left field. i think it come down to he does something that mitt romney didn't do, and that's own his success. he owns his wealth and where he came from and what he built. in business you fail and you pick yourself up and move on. he's created jobs, she hasn't. kennedy: there are small business owners who look up to him and say i want to be successful like that. i think she's in weak territory when she gives speeches like she did today. and she has so many negatives that are only compounded by this f.b.i. report. she need to work on getting people to like her. >> she has no sense of irony. she says for people who follow

the rules -- after yesterday, that's the line she has. for people who follow the rules? this stuff about trump's business isn't going to work. most people knew him as the guy from the apprentice. when they hear he did run businesses, they think wow, he did more than i thought. i just thought he was a guy who talked loud all the time. kennedy: someone like bill gates won't hire someone unless they had a colossal failure in their past. >> barack obama is president and he's also a democrat. she make it sounds like the republicans are running the white house. kennedy: bernie sanders and donald trump are a reaction to obama's failed presidency. hillary clinton is trying to reap the benefits of that. >> when she tries to explain the, she talks like this.

play by the rules, kennedy. kennedy: i'm trying. the party panel returns. matt damon has a proposal to solve gun crimes. just confiscate all the guns. bob corker has withdrawn himself from consideration for donald trump's running-mate.

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kennedy: senator bob corker withdrew himself from consideration as donald trump's running-mate saying he's better suited for other roles like hamlet. who is trump likely to tap as

his veep? stirewalt, corker uncorked. what does this mean for the race? reporter: you put more puns into one introduction than any other introduction in the history of politics. deal for republicans. you have a choice when it comes to whether you are going to trump or be trumped. i think it's time we shook things up. then corker spent a day with him and said actually what i meant was no. kennedy: what do you think that is? are there skeletons in the closet of corkerwood or was it the short-fingeredness that was off-putting. >> when it comes to who trump

wants, who helps him get elected, i have my own ideas about what kind of person would be good for the ticket. it's not. >> republican at all. somebody like mike pence, i can't imagine a worse pick for trump than some conventional republican who will be tut-tutting. kennedy: i think mike pence would be his dan quayle because he has some political failings of his own. i don't think he helps trump. i want to talk about newt gingrich. is it going to be all newt all the time? reporter: what trump want is somebody who is deputy vice president. do the work and let trump come in and make the decisions. but the president isn't really a ceo. the president is not really a ceo. he's not the decider in the end of things in the corporate

sense. it's about tugging the tendrils of state craft and doing all that razmataz. if somebody else can do that stuff then he can come in and change thing and make decisions. plan three and let's invade. kennedy: newt will have to unravel the tendrils and his tentacles as well all over capitol hill which is exhausting work. having to build those relationships from scratch is something that donald trump has neither the time nor the inclination to do. that's already baked into newt gingrich's casserole. not to mention, calista plays the french horn. reporter: she does. but for trump another old white dude -- i don't think he has to

make a demographic play. what trump is trying to show is he's serious. that this is real, this is not just whatever, he's serious about governing. he will never get enough support from enough republicans to beat hillary clinton because there aren't enough republicans in the first place. he's only getting 3/4 of them now. the answer for him is with independents. he has to get out of this cheesy conventional partisan game. be transpartisan, find a democrat and somebody out of the box to let people know this is a different coalition. kennedy: newt is good at debating and he's good on capitol hill. and we can fire up those 90s clinton war games. you are right. independents are critical in this race and i don't think there is anyone on his list who is a sure-fire hit with that important group.

chris stirewalt. well done. >> word up. kennedy: cronies forever. will repealing child labor laws lead to a boom in the household thank you is what we say. but we mean so much more. we mean how can we help? we mean what can we do? we mean it's our turn. to do our part. to serve you, for all you've done to serve us. ♪

runners on your mark! ♪you're rolled out at the dawning of the day♪ ♪heart racin' as you made your little get away♪ get set! ♪it feels like you've been runnin' all your life♪ ♪but why? oh why? (sfx: starter pistol shot) ♪so you've pulled away from the love that would've been there♪ ♪you start believin' that your situation's unfair ♪but there's always scars, when you fall back far♪ ♪we lose our way, we get back up again♪ ♪it's never too late to get back up again♪ ♪one day, you're gonna shine again,♪ ♪you may be knocked down but not out forever♪ ♪we lose our way, we get bacup ain♪ ♪'s ner t latto g ba up ain ♪e da youe goa she agn,♪ you y benock dowbut bnot t fover

♪weose r wa we g bacup ain♪ ♪soet u getpk dowbut bnot t fover ♪yore gna sne ain we g bacup ain♪ it'severoo le to t ba up ain ♪soet u getpk dowbut bnot t fover ♪you may be knocked down, but not out forever♪ kennedy: ride to the horizon because it's time to joint ay ofew topic number one. ghosts, they lurk in our basements and attics and sometimes our toasters and backyards. but they are in the last place we want them. playground. one intrepid father captured a haunting on film. >> there is no wind. look at the other swings, and

look at this one. >> maybe someone pushed it. where was it going? >> that someone being a disembodied soul. but maybe coasts who can possibly deal with this terrifying playground spectre. that's right, ghostbusters who have been unfairly maligned. that's better than the reboot and you know it. topic number 2. there is no reason to be rude to the men and women who bravely operate our nation's drive-thrus. if you try to prank them they are well within their right to deny you service. this lady doesn't take kindly to

being scared with a car horn. >> you are not getting your drink. a bit rude. that's honestly good for her. i had my producer marty prank their car earlier today. a little sweet revenge. take a look. yeah, marty. he doesn't even have a license to drive that thing. that is so fun. there were no survivors. topic number three. whoever said hell hath no fury like a woman's scorn. thunder fans lost his marbles

when he heard kevin durant was leaving his precious squad. >> i looked at the players' tribune. the title was new start, new home, new home? what do you mean new home? you lose? you walk to the warriors. you just lost and now you are leaving? this isn't even real. you are not even part of this team. let's go, it's all trash. you are all trash. kennedy: he's right, kevin. now you are a big fair weather garbage face, kevin, and everyone knows you should have signed with the blazers. topic number four. libertarians know kids make the best labors and those silly

child labor laws are hysterical ploys. kids are naturals. one dad set his baby on a house cleaning spree on his instructional video how to get a baby to clean the house. bubbles. there you go. i think she got it. clean the shower. take the rubbish out. did you put it up? kennedy: don't worry, she was sleepy at the ends of the video. but she didn't pass out from the bleach fumes.

topic number five. love is a many splendorred thing. for aaron his love has been given the ceremony it truly deserved. >> with that said, by the power given to me by the state of nevada, it's my honor and privilege to pronounce you husband and smart phone. kennedy: aaron married his smart phone it's no joke. here is how he feels about it. >> we connect with our phones on so many emotional levels. we look to it to calm us down. to put us to sleep, to ease your minds, and to me that's what a relationship is all about. kennedy: thank you, jesus. somewhere out there kim davis is losing her minds. but they had a great reception. a wonderful service, and the

bride's wedding ring tone was beautiful. the marriage came to a messy end. aaron caught his phone motion around with his blender when

kennedy: welcome back. we have a robust stop and frisk policy. lucky you. president obama unleashing torrents of praise on his former secretary of state hillary clinton. >> there has never been any man or woman more qualified for this office than hillary clinton. >> not everyone agrees with his rosive assessment. my next guest was part of the secret service detail. he has written a book lambasting the children tons. gary byrne is joining me now.

he george washington led the continental army and beat the greatest super power oarnt, the british. dwight eisenhower beat hit letter. george bush head the cia and spent 8 years as vice president. the president on shaky ground with his claim. >> i agree with your assessment. i completely disagree with president obama and his assessment. what i experienced with mrs. clinton is she treated her staff so badly they were all terrified of her. the person portrayed on tv is not close to who the real mrs. clinton is. kennedy: she is not very likeable or trustworthy. i tend to agree with what you say you saw.

it was a different time in the secret service. you were not under the dhs umbrella. it was a different organization in the 90s and the job meant a lot more. but you writing a book like this now and it's easy to write the whole thing off, it seems you are trying to make money off an election cycle. >> sure. writing my book is basically telling my life story. i want them to know the way i got here, we are sitting here right now is because of their bad behavior. the president of the united states wasn't man enough to step forward and say with he did wrong. kennedy: he left the white house in 2001. i understand it takes time to get your memoir together. but why so long? >> i didn't retire from the federal government until this past march. kennedy: you did not have an mba. you did not sign a

non-disclosure agreement. >> i felt it wasn't a line to cross. kennedy: you didn't want to jeopardize your pension. >> not so much my pension. ken if you have a duty to tell this story, why not do it sooner? >> i never thought i would. i started writing a year and a half ago. i probably made the decision a little before that. i think it's important for the american people to know the truth. the clintons got to the white house by jump from one lie and scandal to another. i got to the white house by taking a polygraph test. >> if your viewers take the time to read my book, i think they will understand i'm telling the truth. why would i put myself through

this scrutiny it wasn't true? kennedy: until it wasn't true. >> maybe tom clancy did well with all his books, but i wrote one. kennedy: you could fill a small library on books about hillary. i walked up to him and say i don't know if you remember me. he said you can't still be working for the secret service. he said okay. kennedy: hillary clinton won't get indicted. do you think it fine director's takedown of her claim about her server will do any political harm? >> basically what the f.b.i. director said confirms what i said in my book. she lies, she lies, she lies.

donald trump says saddam hussein was evil. but at least he killed terrorists. my next guest says trump has things backwards. [bassist] two late nights in tucson. blew an amp.but good nights. sure,music's why we do this,but it's still our business. we spend days booking gigs, then we've gotta put in the miles to get there. but it's not without its perks.

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kennedy: donald trump said iraq and libya would have been better off if the united states left their strong man in charge an went further this week in praising saddam hussein. >> saddam hussein was a bad guy. but you know what he did well? he killed terrorists. he did that so good. today iraq is char regard for terrorism. you want to be a terrorist, you go to iraq. iraq combat veteran and kfi

radio host in los angeles, california. brian, what did he say, what should he have said? >> well if you define terrorists as people who love freedom, then saddam was tough on them because saddam defined terrorists as anyone who didn't like saddam, including former president george bush. there was an assassination plot the kuwaitis's. saddam was hard on terrorists when he got to define what a terrorist was. this was the guy who wanted the nuclear weapon so he could terrorize the jews and the persians and pretty much anyone. his entire neighborhood thought he was a terrorist.

kennedy: he was also good at enticing people to carry out terrorist attacks in israel. >> he scholarships them. if you are the 7th son of some overbirthed palestinian family with no job prospects in the gassa strip. what you did know is if you took some israelis with you, saddam would give your family $25,000. so you got to heaven and the family got the money. he payrolled this. this is when the united nations imposed sanctions on him selling oil. george galway knows. the guys who organized isis were saddam's intelligence officers and army officers. kennedy: that vacuum that was left when saddam hussein was deposed created a horrible situation.

what should we do, we meaning the youth, do we have any moral obligation to deal with erdogan and assad? >> you know, say what you will about assad. kennedy: he's a jerk. >> the terrorism is internal. if you are running for president of the united states, someone should give you a laminate of bad dictator, good leader. this is a pattern with trump. during a lull in his rally he says how about those veterans. if you can't pick up a historybook and say hitler, a bad guy. putin not a good guy. kim jong-un very bad guy. if you can't be clear in a

rally, why do you think he can run a cabinet meeting. kennedy: are you personally offended being an iraq veteran? >> the idea that you would even paint saddam with a little bit -- he sounded like he admired him yesterday. there is 39 any iraqi, maybe they didn't love the occupation, but they didn't miss saddam. i'm curious why he would say saddam was tough on terrorists. he wasn't. he was a recruiter and trainer of terrorists. he had a complex where he saw the assassins how to operate in european streets. there was an airliner and train station and he flew those guys to europe to kill his vocal opponent. kennedy: we are out of time so hurry back and tell us more as the elect continues forward. >> i'm going to the beach. kennedy: go catch some wave, bro.

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