that's it for us tonight. thanks for being with us. charlie hurt and eboni williams with us among our guests. thanks for being here with us tonight. good night from new york. kennedy: thanks, lou, and thank you for being here on this hump day. there has been a lot of speculation about donald trump's second amendment dog whistle. but i'm for concerned about the public corruption by the woman who would sell out our country to the highest bidder. emails released in response to a freedom of information act show corruption been the state department and the clinton foundation.

she promised to disclose foreign donations. they were run by the canadian who ran the program under the false interpretation of canadian law. that's why the sunlight foundation called the clinton foundation a slush fund for the family. people who donated big sums to the foundation wanted access and faves in return. one lebanese billionaire went right to hillary's right-hand hench woman huma abedin, to jeffrey felt man, and an ambassador to height he was being given options for employment by the state department after he had asked. these emails are the only ones we know of. there were 44 released emails

that clinton didn't bother turning over to the 8 department as work related like she promised she would. >> i took the unprecedented step of asking the state department make all my work-related emails public for everyone to see. >> all of your work-related emails? >> i don't think it means would you think it does. kennedy: james comey said hillary was lying. he was more vague when asked whether his bureau was investigating the clinton foundation. >> did you look at the clinton foundation? >> i'm not going to comment on the existence or non-existence any other investigations. kennedy: we know the f.b.i. was able to reconstruct some but not all of the nefariously deleted emails from her shady server, and they are turning them over

to her state department. the question is whether comey will sprout the nards to go after the goliath. the ultimate access from the higher bidder to the lowest form of political life. on the show tonight judge napolitano will explain why donald trump cannot be prosecuted for his comment about someone possibly shooting clinton. greg gutfeld joins me to talk about calendar and tunnels. let's get on board. i'm "kennedy." hillary clinton, was she allowing the clinton foundation donors to grease the wheels of the state department when she

was secretary of state? let's ask stephanie williams. she is joined by the handsome kmele foster. he's a partner at free think media. and tonight, abe lincoln's top hat, comedian ben kissel. eboni we'll start with you. as we learn more and more about the relationship between the state department and the clinton foundation. it's obvious the clinton foundation was a big money laundering scheme. >> the best interpretation, it has the appearance of impropriety. that's a big problem for hillary clinton. this could have been an easy fix for hillary clinton. what you do is you don't have self people working in dual capacities for your endeavors for the state department and the clinton foundation.

that's where it gets confusing. this was hip being bill clinton's personal assistant. why are so many people doing dual roles? in this capacity. kennedy: everyone in the world is so dead set against the clintons, they can trust so few, those people have to wear many hats. was chat the man chelsea clinton elbowed out? i know you are naturally discrepancy i cal. people are jumping on board because they see a pattern of behavior. this may be the most serious charge. that there was pay for play. >> what stick charge are we talking about. i don't think i have seen a smoking gun. what important to me isn't to

sanitize this and say the clinton administration is guiltless. this looks like a lot of things we see in politics. democrats make a big deal about super pacs. the correlation between money and politics and access actually getting certain electoral results. it's not necessarily as tight as we all think. kennedy: billionaires investing money in campaigns and someone getting access to hillary clinton through the clinton foundation and selling their uranium rights to russia, and big clinton getting a big fat check from a russian bank. then donors being encouraged to invest a bunch of money in russia where they ended up making weapons systems. >> it's hard for me to imagine most people who are high-profile

in the government taking a job that does not involve that weird, strange stuff. the magnitude and the debright happen with the clintons is unique. kennedy: shouldn't we expect more from our government? if you are using this organization to sell favor, what happens when you are in the white house? how are you compromising the country? i guess the stakes are so high that it's more than just greedy, shady politic as usual which i agree happens on both sides. >> i want to thank eboni for bringing up my high school nickname which was big blubbering mess. kennedy: you are not even crying. >> i had some cheese in the green room and i was thrilled about that. the email scandal is the gift that keeps on giving. if donald trump wasn't such an incompetent candidate, it would

be a much larger story. the gift that keeps on gig, similar to what happened with clark gris wald in a holiday classic, "christmas vacation." when he got his bonus that he thought it was going to be money. he got the jelly of the month club and he said that's the gift that keeps on giving all year. kennedy: it's a heartbreaking movie. >> some a story of family and love. kennedy: a metaphor for what's happening here. donald trump made an offhand equip about second amendment rights, and hillary clinton is drawing a lot of attention. >> if she gets to pick her judges, nothing you can do, folks. although the second amendment people, maybe there is, i don't know. but i'll tell you what, that will be a horrible day.

kennedy: the media has been quick to lambast the presidential candidate for his tasteless joke. but was it a joke? meanwhile the father of the orlando shooter orlando mateen attended a clinton rally. is there a couple standard? here is a guy kinds of running for president of afghanistan, calling for the death of homosexuals. i look at donald trump and i see the comments, week after week. is he trying to take his own campaign? >> i don't know. i suspect part of the reason why the donald trump quote and i don't think the defense he offered is particularly believable, especially when you look at the reactions of the people in that shot. did he just say -- that's what he said kinds of a joke, is it in poor taste? maybe. the weird thing about donald trump and the sequence and the

pace at which he says all these really strange and obnoxious things is that there is this well-worn path for the media, you get to paint by numbers and tell a story over and over again so they grab at it quickly. the thing with hillary is different. it's not something where somebody who was positioned behind her. we know how this works. we want the sense of diversity behind the candidate. kennedy: i agree with you. i think her campaign is so income tent that no one knew who that guy was. big guy, ethnic, weird mustache. put number the background and look leak we are friends of the muslims. >> here is the difference between these two candidates. donald trump gives an economic policy speech two days ago. no one is talking about that. no one cares about that. we are talking about the second amendment issue.

at a bare minimum with trump it's open to interpretation. you have got to control the narrative and this is where he messes up. on the flip side, here is where hoik rrms inability to control anything works in her political favor. she was asked about this guy being in the background over and over. she literally ignored it. kennedy: it took two days for them to respond to that. >> ignoring evidence is political cracking. >> it's bad advice. you should never want a candidate to get shot, because quite frankly they will live and their poll numbers will go up. ronald reagan was doing terrible, hinkley shot him and he got more popular. kennedy: it's something you don't want someone to infear a joke about. as the party panel returns, the

justice department has released a report on the baltimore police practices. later judge napolitano said donald trump's second amendment comments are protected under his first amendment rights.

kennedy: the justice department released a blistering report

today prompted by the death of freddie gray. they found the department engaged nun constitutional stops of african-americans in addition to excessive force. >> the findings are challenging to hear. but let me be clear, i never sugar coat our problems, nor will i run away from our most pressing challenges. kennedy: kmele, what is most disturbing in here about the report for you? >> i think the report does have an important point. there is an observation made about the lack of training and how that could contribute to abuses of power by the police, there is a lack of accountability. that's something we could sink our teeth in.

the fact that the report itself decides to frame this with respect to race. there is not much i see here that suggests there is a pattern of racial bias. what we are doing is fetishizing the racial aspect of this story. we ignore the actual things we could be addressing in terms of reforming things. the baltimore police department has very real issues. racism isn't one of them. it's over 50% black, and mostly minority. but in addition to being not really good at things by beating people up who they don't need to. they are not solving murders. they have a 30% clearance rate. and they have epidemic homicide levels. >> i couldn't more vehemently disagree with you. the justice department talked

about how the proportionality of stops and there is more crime in black areas. but it talks about if you are stopping 80-to 90% of black stops resulting in no arrests. it's a diverse police department, but we can't ignore the fact that people of color can also implement racially biased practices. it doesn't to just come from white officers. >> the concern i have is we are making it about the race question and not focusing on the fact there is an actual material civil liberties violation. i don't know we would be talking about this if it were not for the racial issues. >> let's look at the crime data. the overrepresentation is profound in all the criminal justice statistics.

it's complicated. >> poverty for community and those different things. but we don't have to extract the racial component to also talk about the training and other issues. >> it distorts the picture and conversation. >> i submit -- we have talked about this quite a bit. it's really the police is the extension of the [inaudible] the police are pulling over people to ticket as many people as possible. if i'm super hungry i know i'm going to the buffet because i can get more for my buck. you go to the poor community and you go fishing for money. kennedy: that happened in the

city of bell in california. i look at this and think is this the purview of the department of justice? they are stepping beyond their bounds going to local police forces and implementing these federal standards. >> no, kennedy, under the fourth amendment civil rights act, that's exactly when the d.o.j. needs to step in. right now they are not being sued. this is an opportunity baltimore has. if all goes well, this goes away. if they don't -- >> if i can make one more point. when i look at violent crime statistics, the fact that most of the people killed have criminal records and 80% of the folks who have criminal records are involved in drugs. the fact we are not talking about those sorts of reforms. kennedy: that's a different topic for another day. you are 100% correct about that.

thank you very much. much more with the panel later including some important topics like the u.s. olympics women's gymnastics team. they scheduled the rest of it for midnight. foreign moguls donate to the clinton foundation out of the goodness of their hearts?

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take the roar out of snore. yet another innovation only at a sleep number store. kennedy: donald trump getting roundly criticized for his comments about second amendment enthusiasts being able to do something about hillary clinton's court appointments. some are bringing up legal

repercussions. democrat kick senator chris murphy tweeted, this an assassination threat. seriously upping the possibility of a national tragedy and crisis. has donald trump finally crossed the line from crass to criminal? free speech versus violence. when do you cross the line? >> you cross the line when you command violence and there is no time for more speech to rebut, challenge tore neutralize your commands. that's the general black letter law. but that's not this case. this case he didn't command violence. he used words that people who hate him, people who absolutely do not want him in the white house interpreted like senator murphy to mightn't an assassination threat. but when a speaker uses words that have a violent

interpretation and a non-violent interpretation, the court is required to accept the non-violent interpretation. the reason for that requirement is the right to free speech must be as broad and wide as possible. so it's a fair reading of what he said, the following, i want second amendment enthusiasts to vote for me. yes, that's a fair reading of that. because that's a fair reading, that's the one the courts would accept. politically he put his foot in his mouth. legally the government can't harm a hair on his head and senator murphy should know better. kennedy: senator murphy should know better, and these are very, very serious claims. but it was a very stupid thing for donald trump to say. here we have a week where the focus should be on hillary clinton and her world dealing and questionable practices.

>> i usually don't get into the politics as you know. but if the issue is, if the issue in the voters' mind is, donald number's fitness to be -- donald trump's fitness to be president of the united states, hillary will win.he issue is, iy prepared for a third obama term. trump will win. he needs to focus on what mrs. clinton wants to do. is the muslim-american lawyer unworthy of challenging me on the constitution? and now the second amendment thing, the issue become his fitness. kennedy: when he talks about russians hacking hillary emails and delivering them to the press, when he talks about the kahn family, it's a giant distraction. >> he want to cut a lot of taxes

in a good way. if he believe he really means it and will stick with that. that's a winning issue with him and he should be talking about it. kennedy: and focusing on the economy. and he can focus on her inept i tude with the economy and email server. the latest batch of hillary clinton's emails from her time as secretary of state are prompting allegations of corruption by using her public position for personal gain. how serious are these allegations. >> they are very serious. and i believe they are the subject of an ongoing investigation. did mrs. clinton directly or indirectly exercise the lawful awesome powers of secretary of state to even relationship her husband personally or her husband's foundation? if the answer is yes she should be indicted.

if the answer is equivocal, she should not be indicted. the stuff that came out today showed her aides more concerned about the clinton foundation and the exceptions from complying with american law of her and her husband's foreign friend than it did showing them managing the state department. kennedy: and it did not show them morally and ethically protecting her. there was no mention of that. it was just -- >> whatever you think of the president, the president was very concerned about bill clinton and mrs. clinton becoming rich while mrs. clinton was secretary of state. she made all kinds of promises to him and it doesn't appear she kept them. if the f.b.i. finds enormous contributions in exchange for exemption from america law, then you have a case against her.

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kennedy: it's a beautiful night to blow off your responsibilities and take in some strange news and video. this is the "topical storm." topic number one. the winds of change may have blown through the u.k. with the brexit. but? in scotland it's just windy. watch this determined lad get carried away by his fast it hobby. kite flying. when your kite flying goes awry,

it can cause all of those. watch and giggle. i can never understand a word most scottish people are saying, but i know what laughter is. shortly after his buddy stopped filming, he ended up in the water where he was snapped up by nesty where he will be devoured over the next several years. there are certain things smarter than cats, like dogs and a dozen elizabeth warren fans. and we can add cockatoos to the list.

watch one go undercover. i'll bite you. it's a spy cockatoo mastering me oonmaster --meows and take notee your espionage would become clumsy. >> i think they are staring. kennedy: he scared the cat with his giant cat mask. i'm going to feed my babies. topic number three. i always say that when i'm lactating. human ski moguls when you are on vacation in a crowded place, one man is waging a crusade against selfie takers. ironically he has been captured

by a tourist selfie taker in rome. he's wearing the stop taking selfies t-shirt with a haggard foundation resigned to a doomed cause. i admire this modern day don quixote. that's why we put together this man talk using my photo shop. [♪] there he is. he's still mad at you. topic number four. there are certain physical feats that are nearly impossible to accomplish. walking a tightrope i'll juggling flaming chainsaws. being mexican and getting a hug from donald trump, or being a

cat and not having the sociopathic tendencies. but the most amazing comes from a colorado motorist. look at that. texting with your hands and holding up the dashboard with your feet. do you realize how hard that is? i totaled 7 cars trying to accomplish that. hey, carlos, what's up? i'm glad i got to put your kids through college. if you are going to be that distracted while driving, it's best to leave it to someone slightly more responsible. [♪] driving dogs. kinky. i like it. topic number 5.

these days everyone is all hung up about being a good person and lending a helping hands to those in need. that's well and good unless everything you do turns out horribly like this taiwan ease driver. oh, no, there he goes. first he high fives the scooter driver with his car door. then right into the tail of a minivan. tough break. if you are going to drive your moped through busy streets, it's best to leave it to someone a little more responsible.

he's smoking and his dog is driving the scooter. i would never condone that. i'm going to call john stossel. if you have weird stories would you like to see on the "topical storm" tweet me or use instagram and use #topicalstorm. the party panel returns tod discuss the glories of the

kennedy: michael phelps is a machine. he won two moral gold meth medals for a total of 25 olympic medals. enough to drown a full-grown elk. the women's gymnastics team won

gold as well. beating the daylights out of the commies. so far the women's gymnastics team is so fantastic, why won't nbc shove it at bert times so young gymnasts could see it creating future generations of olympians. you dumb dumbs at nbc sports. it drives me crazy. good thing the party panel is back to calm me down. i take this so personally. both my daughters are competitive jim nafts. and all they want to see in the olympics are these incredible jim nafts, their skill, their height, their personal stories are so inspiring. the reason my youngest daughter gone it gymnastics, she saw the

olympics when she was 7. when nbc shows it at midnight. how many millions of girls are asleep in their beds when they should be watching that? >> you are spot on. images matter. i remember being a young girl. dominique dawn. shannon miller. these are big narratives we hold on to. it still inspires greatness, if nothing else. i don't care what kinds of person you are. this is dominance at its best and we should all see it. >> i have been watching the olympics for the first time because i'm a nightowl. it's just great.

i got the joke, good stuff. if you are in bed before 10:00 p.m., you don't need to be encouraged, you are already excelling. kennedy: young girls need to see these gymnasts and swimmers and volleyball players in order to inspiert next wave of u.s. athletes. >> i want you to be happy and i want the girls to stay up late. my 7-year-old is swooning. i want them to stay up -- >> you can always dvr and watch it whenever you want. >> social media ruins the impact. it's not as funny because they are delayed. kennedy: you want to experience it with with other people at the same time.

>> it only happens every four years. kennedy: they are staying up but they are still asleep. >> it will break the tradition of going to bed early. kennedy: come over plate afternoon when they are good and cranky. >> we'll watch nothing but chevy chase films and "christmas vacation." ben, kmele, and eboni. that's an all-star panel. you would be astonished the length a school administrator is going to t to -- to protect himself from student protesters. >> did you call the police? >> no. >> did you call the police?

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kennedy: u.c. beshly chancellor has done a $900,000 emergency exit prompted by the last time students stormed his office. it's an academic escape hatch. greg gutfeld is an alum of the university of california berkeley. >> my escape hatch was beer. little bro humor. i'm for this escape hatch only if you also take a mannequin and

have some strings so it would look like he's til there. so the protester would be looking in the window. yes, he's still there. meanwhile he's having striped sea bass. anyway, the problem with protesters is that they have nowhere to be. so if they camp out. kennedy: shouldn't they be in class? >> no, leaving a mark on the carpeting is more important than leaving a mark across dem eggally. so they sit there and don't have anywhere to go. if you are a chancellor chances are you have a great social life, you have to be somewhere at 7:00. you need an escape hatch. especially since the campus is one giant panic room. kennedy: it's funny that he's such a wit a wussy afraid of his

student. >> i disagree. he's an american hero. you are a disgrace for mering an american hero. i think i'll go to twitter after this and smear your good name. kennedy: bernie sanders just purchased a $600,000 vacation home in the champagne islands in vermont where he can presumably relax during the summer and be along with his thoughts. not too shabby digs for a socialist. if you can afford a luxury get away for the summer, who am i to judge. >> he's for spreading the wealth and the sunblock. >> wouldn't you love a video of bernie sanders smatherring -- >> this is the beginning of the reality show. everybody liked him.

he is the david, and it shows you can run for path and change your life provided you run against the right villain. the thing is. >> he raised so much money. he just gave me that money. he seems like the type -- he has no idea. has he had -- has he had a job outside of government in decades? >> he wrote porn briefly, erotica. that's rich man's porn. i write porn about chairs and it's erotica. kennedy: it's been two years since a police officer killed michael ferg -- brown in

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kennedy: last night gunfire after a car hit a protesters marking the death of michael brown. charlie leduff went to ferguson. he is talking to his cousins, a former baton rouge police chief and the other, a corrections officer. >> at some point they have to have a right to defend themselves. i hired him because he cared about this community. i didn't hire him to be sacrificed behind some building on a sunday morning. >> there is white and then there is blue.

you think anybody who wears blue is white? >> anybody that wears blue -- it doesn't matter. >> in and dei go was stopped for walking down the street four times in less than an hour and got carded. reporter: charlie leduff from "the americans with charlie leduff." there are a lot of black cops who wear the uniform. do you think they are the most conflicted in the bunch? >> it seems so. all my cousins are former wearers of the badge. there is a disconnect almost. you want to serve the community, you have to enforce law, but at the same time you understand the rub that's been there forever. my cousin, the corrections

officer, he's making a point that we have driven crime down so much over the past couple decade, shootings, murder, eventually in america you reach a natural state of crime. this is probably the point where we have to put up with it because you can't put your boot on people's heads anymore. you heard in baltimore recently the report came out today about violating the constitutional rights of people. strip searching them in the streets. shaking them down, having a zero tolerance policy. i think what my cousin theron is saying, leave me alone. i don't have a record. just leave me alone. kennedy: it's a tough time for dmops this country and for a lot of community. did you find considering what happened in baton viewj just over the last few weeks, do you find that people are as

despondent there as they are in detroit where you are also from? >> yes, but in baton rouge they are angry. if they don't come back with a charge for one of the cops, i don't know what's going to happen. i don't know what's happening in the country, except we'll have to figure out. part of the answer is police need to be trained to be respectful and tell people why they stopped them. what law they think they may have broken. then if you are not going to comply, you are not going to pay attention to the orders. then let things go where they may. but we need a way to communicate to know that we are policing for the right reason. and that violence is the last means of enforcement of the law. kennedy: thank you for watching the show tonight. you can follow me on twitter and instagram.

email me at kennedyfbn@foxbusiness.com. so many ways to communicate. i'll see you tomorrow night. fill up my mail bag. you know what to do. good night. >> announcer: the following is a paid advertisement for the back2life 12-minute back pain solution, brought to you by back in five, llc. pain pills, hot and cold packs, endless doctor visits, injections, even surgery. if you or anyone you know have tried these or any other ways to relieve yourself of back discomfort, only to find you still suffer from debilitating back pain, then stay tuned, because your life is about to change forever. introducing back2life, the 12-minute solution to a lifetime of back pain. back2life has caused a sensation around the world and is now here in the united states. in that short time, over 1 million americans have tried this amazing machine, with