as you do, always, pass for mark burns. thank you for being with us. tomorrow night trump campaign manager kellyanne conway joins us. good night from new york. kennedy: all eyes on st. louis as donald trump and hillary clinton look to capitalize on last night's vp debate. five days to go until the trump-clinton sequel. who's got the edge? the libertarian ticket is down but not out. so why is bill weld changing his campaign strategy? one of the world's biggest interest in the giants has been letting the feds read all your emails. the judge is here to explain. it was the battle of the b squad as the wanna-veeps squared off.

how did they do? >> he has run this economy into a ditch. it's the worst recovery since the great depression. >> we employed tens of thousands of people in this country. >> and didn't pay taxes. >> he's still on our time. >> isn't this a discussion? kennedy: no, it's anowing. until governor pence got so frustrated he finally snapped. >> you whipped out that mexican thing again. kennedy: to be fair, tim kaine is good with that mexican thing. if he whipped it out all over the stump. [speaking spanish] kennedy: what was accomplished in last night's newsfest? elaine quijano committed career

suicide. >> the f.b.i. did an investigation and they concluded there was no reasonable prosecutor who would -- >> senator kaine governor pence, please. kennedy: they want to run for president in 2020, mr. governor fence emerge the victor? the indiana governor schooled him on proper debate decorum. pence was for the most part unflappable. while kaine didn't flop, he was flat and set up a glaring contrast between trump and his robin. trump needs to stay focused, take deep breast, don't react when hillary sets emotional traps. and make fun of and belittle your opponents instead responding to them. >> i appreciate the you are

hired, you are fired thing. i think you are running a lot of pre-done lines. kennedy: pence was practiced and prepared thanks to 90-minute blistering sauna sessions with governor scott walker. trump is going prep free before st. louis that's a good idea, right? for trump it's all about the word grounds in the next debate. if he don't decisively win the next debate and make up lost and squandered grounds his campaign is in serious and possibly mortal trouble. let's meet the party panel together. i'm kennedy.

so who won the sidekick rumble? mike pence or tim kaine? let's wheel out my fully equipped party panel. here tonight is the host of red eye on the fox news channel. and molly hemingway returns. she is a senior editor at "the federalist." you say tim kaine did so badly he actually gave hillary a boost? how does that work? >> he put in a horrible performance. his whole claim to fame is he's mr. nice guy. he came off by repeating what donald trump has said. he came off as very unlikeable. he was constantly interrupting. his main function was to make

hillary clinton seem less awful by comparison. other than that he did a poor job of reminding people why the clinton campaign exists, what their issues are. kennedy: it's not just to say if something happens to my candidate i'm responsible and trustworthy, but it's, this is why i'm invested wholeheartedly in this ticket and this vision. >> i think the vice presidential debate is so you can attack the top of the ticket. kennedy: in some ways attacking themselves. how much did you hate mike pence last night? >> he did his job. let me tell you what mike pence had to do. the problem is he's stuck in a chinese finger trap. all he had to do was be calm and likeable and be the opposite of donald trump. the problem was he couldn't change his record.

he has a conservative record that doesn't sit well with the independent swing voters. he couldn't get too close to donald trump because he was caught in between. and he couldn't attack. given the circumstances where he was set up for failure, he did what he could, and unfortunately, he's in a situation where he will probably be running for president in 2020 in an era when none of his values will play well to the american people. kennedy: when it comes to immigration, and also they diverge in areas like free trade and nato. i thought considering what he had to do, pence did very well. it's a good strategy for trump. if someone attacks you, dismiss the attack instead responding directly to it. do you think trump is capable of doing that up day night in st. louis? >> i like trump.

i can't let things go. if somebody attacks me, i have to defend myself. i'm a counter puncher. but i think this vice president -- remember when bill murray used to do the oscars predictions and he would take the best supporting actors and said nobody cares about that. that's what the vp debate is. it worked in trump's favor because they got us to stop talking about south american beauty queens for a couple days. kennedy: if trump does well, this is a stronger ticket. if trump does poorly, i think it hurts the campaign. focus groups found that undecided voters are still undecided voters. what can they possibly need at this point to make up their mind? we hear so much about the undecided voters?

i decided i'm resentful of them. >> i don't know why we focus so much on undecided voters. usually it means they are too side and too poorly read to make a decision. but in this year i think we can give them a pass. kennedy: how is this year different? >> this year there are no good options. it's genuinely difficult to make a decision if you are choosing between the two major party candidates. >> you have two candidates, and a lot of people don't like either one. >> they have horrible policy ideas. they have horrible ways of talking about things. they are mirror images of each other in their awfulness. kennedy: maybe the idea one of the other is going to torpedo their campaign or have it torpedoed by an outside entity like wikileaks, what more do they need?

>> i think they are all voting for trump but they are afraid to say it. they are afraid to admit they are voting for trump. once you go trump you are over the hump. that's what i say. kennedy: you are so trumpian. >> once you -- the people -- when trump -- waste was. if he was polling at 47%. he's going to get all those votes. when the needle goes up it never goes down again. once you decide you are going to vote for trump, what would make you not vote for him. there are a bunch of people because they are coming at him so heavily, calling him racist and everything else. kennedy: hillary didn't do herself any favors by categorizing an entire quarter of the electorate as deplorable. >> she didn't attack members cans or muslims, she didn't say

she is going to ban people from the united states. >> that conversation going on across the country, look what he said about this and this and this and he's still tied with hillary? that's why he's going to win. there is no way in heck. there are hillary supporters including myself who are reluctant to say i'm gung-ho for hillary. there are voters who go in the voting booth and say i can have diabetes or jump off a cliff. kennedy: what if you are cliff diving in mexico. don't miss fbn special live coverage on the second presidential debate this sunday night. sunday night, i say, starting

with trish regan followed by lou dobbs at 7:00. and i will be grabbing people to interview just for you. bill clinton calls obamacare the craziest healthcare system in the world. why would he say that? and how is it going to play on the campaign trail. a top email company letting uncle sam thumb through your messages.

kennedy: bill clinton is not a fan of obamacare. in fact he seems to think the whole thing is nuts. >> you have got a crazy system where 25 million people have healthcare, and the people busting it sometimes 0 hours a week end up with their premiums doubled and their coverage cut in half. it's the craziest thing in the world. kennedy: clinton and the clinton spin machine went into overdrive so quickly. bubba has since dialed back the rhetoric saying it actually has done a world of group, but has a little room for improvement.

molly, first the "new york times" has this big expose' on how the aca is essentially failing. and there are so many millions of americans left with only one choice which is one away from zero. and how the system has failed. it's collapsing under its own weight. now bill clinton comes out and draws a very clear diagram for why it's failing, which is what bill clinton is best at. he's best at simplifying complex issues. >> bill clinton is a genius at triage yoat -- triangulating is. but on the front page of the "new york times" they are admitting it's a failure. bill clinton is admitting it's a failure. it's a perfect example of what you call a gaffe in washington,

d.c. when a politician accidentally tells the truth. he knows people are dissatisfied with this legislation. nobody on the republican side are talking about it. but if hillary is elected president she is going to have to fix obamacare. kennedy: someone close to the clintons, he is still at the clinton health fund. he was the guy who crafted the horrific healthcare in 1993 with hillary clinton. they always wanted a single payer system. their hope is this whole thing implodes and they get their single payer, but that's not going to happen, is it? >> it could happen. also you saw how popular it was on the bernie sanders campaign trail, how single payer universal healthcare, ke you

look at the populace in the country, they want a better situation. bill clinton and his strategy is what got us to the situation we are in today. bill clinton an and rahm emanuel were two of the biggest sad row cats for obamacare. it would be fascinating if clinton were to push for a single payer system. but i think bill clinton is jealous of barack obama. kennedy: or maybe bill clinton is as centrist who can read, and he knows the thing was set up to fail it's a horrible failure. it's never been self-supporting. it was never meant to fix the system. it was basically a handout for insurance companies, and now since they have not been hand enough, they are leaving the

exchanges. >> it was set up to fail, but it's not a failure. they are on tape as admitting it. they said we have got to do this first before we do single payer. we have to create a ridiculous system. that's been the plan from the very beginning. and they may just get it. we keep voting in democrats. obama was re-elected. we voted for him again it's our fault. stop blaming roberts on the supreme court. we keep electing these people. kennedy: i hope at some point people wake up and realize that more government is not the solution to government failures. >> it works after the great depression. more government. our country rebounds.

kennedy: bret baier coming up next. hillary clinton may have joked about taking out wikileaks founder julian assange but she can't remember. please s

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kennedy: mike pence won last night's debate according to a cnn poll, 49-42%. the poll is the instant reaction

from debate watchers. so many questions. only one man to ask. bret baier, fox news chief political anchor and host of special report. welcome back, bret. do you think the clinton cam was surprised by the way the debate went last night? >> i think so. i think they were surprised how well mike pence parried off the attacks. every time pence tried to say something else. kaine would say what about this and taxes and this what he said and tweeted. if you are the clinton folks, that's what you wanted. you wanted to put that out there on everybody's mind. but pence looked better. he looked calmer and he made the argument of change pretty effectively and made tim kaine

look lot like al gore in 2000. kennedy: and he made donald trump's case better than trump has been able to make it himself according to politico. let's talk about the debate this sunday. does the vp debate change that at all? >> it may. i don't think donald trump is going to change dramatically. but i think he may be more practiced. i'm hearing he's going to take a couple days to bear down. what that means, what that looks like, i don't know. this is a town hall format. so you are interacting with people. and it's a different kinds of environment. and it will be interesting to see how the candidates do. kennedy: i predict he will do better in that environment than he did behind a podium. one person he is debating against for 90 minutes. that was not in his wheel house. let's shift to a new poll that

claims gary johnson has 24% of the vote in member -- in new me. if he can pull it off it could set up the scenario where neither clinton nor trump gets the 270 electoral votes they need to win. in other words, total chaos. neither hillary nor donald get to 270 because gary john on and bill weld take new mexico. that means the house will vote on the next president. >> they make a decision from the tomorrow three contenders. the senate decides who the vice president is. but that's a big, big long-shot. ' governor johnson, republican governor in a blue state. they like him there a lot.

if he wins new mexico, you still have to have a scenario where the electoral college vote was that close. there are waives to do it if you do the different states. there is all so maine, the congressional district there, a nebraska district. you could have one electoral vote making the difference in this election. it's going to be fascinating. the question of is whether it will be that close. >> bret, if ever there were a year, it would be 2016. just one more reason to stay tuned. and we'll always tune into you and we'll see you sunday night. thanks again. coming up. v.p. candidate bill weld says his main focus is no longer to win, but to make sure donald trump never sits foot in the white house. he's here to explain. i have got quite a few questions for him.

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kennedy: libertarian vice presidential nominee bill weld may not have made the cut for last night, by says the glofs are coming off in the weeks leading up to the election and he's aiming for the donald. weld says he wants to insure a trump defeat and rebuild the republican part friy from the rubble. you had a tough time getting out of the libertarian nominating process not too long ago and you promised you would be a libertarian for life. it sounds like you are now

backing out of that promise? >> that's not true. you can be curious about the future of the republican party if it divides in two even if you have a libertarian hat on. that's certainly my intention. >> it sounds like based on the people you talked about aligning with including mitt romney and you are focusing so as much of your energy against donald trump. that's not where libertarians are focusing their energy at all. it sounds like the people sceptical of you entering this presidential race and the libertarian ticket, you were just doing so to really increase your own profile. >> we have got bluff states and red states that we are going to. the next three states i'm going to are massachusetts, maine and new hampshire, none of those is. >> red state. gary and i are absolutely in this for the duration.

we continue to think we have an appealing platform which is fiscally responsible which the democrats are no and socially inclusive which the republicans are not. that describes about 60% of the people in the country. we just need to get name recognitionb which we don't have yet. it's a simple formula and it involves going around the country both red states and blue states. kennedy: there are far more nuances principles that govern libertarians. the way you and governor johnson have been describing yourself, that doesn't describe the people who helped you get where you are. i can't help but feel you used this foray into the platform to further your own agenda which has nothing to do with freedom and liberty. >> i made no bones about the

fact that i'm running as myself. but when i was a republican i ran as myself. i never bought into the movement conservative social positions of the republican party such as being anti-choice on abortion and setting their face against marriage equality or civil rights for gaze and lesbians and never pretended i did. one promise gary johnson and i made to each other in embarking on this ticket was we would always tell the truth. and we play straight baseball. kennedy: it doesn't seem like you have been playing straight baseball. you have been playing i different sport for the bill weld team. you left the statehouse in massachusetts for that mexico ambassadorship under bill clinton. unfortunately jesse helms wouldn't entertain a senate hearing in your favor and you had to drop your name from consideration five months later.

are you repaying hillary clinton by campaigning against donald trump and are you actively campaigning for hillary in that way? >> i'm not actively campaigning for anybody except gary johnson and bill weld. we are not repaying anyone. we are moving straight ahead with what we think is a winning argument. this is a year when voters are thinking i'm watching a scary movie and i can't change the channel. well, you can change the channel. if voters think for themselves, i think it's still possible they will decide the majority of the voters that the libertarian combination of being fiscally responsible and socially tolerant and inclusive is the winning combination. kennedy: neil cavuto asked the presidential nominee gary johnson about this support for donald trump and hillary clinton. here is what governor johnson had to say.

>> it could be reading between the lines that maybe you and he have such an ill disposition against donald trump, if you had to draw, would you prefer hillary clinton? >> i prefer neither one. kennedy: do you prefer hillary clinton? >> i think there is a difference in emphasis between me and gary. that's been true since our first television appearance in this race. i do think that mr. trump's proposals in the foreign policy area are so wrong head that they are in a class by themselves, yes. kennedy: gary made a number of gaffes. are you embarrassed by mr. johnson. >> no. i don't think pop quits is an acid test of who will be a good president. syria, i think gary's policy pronouncements have been right on the money. we can't go in every time we see

a regime we don't like and arm the rebels, then have the rebels lose and have our arms wind up in the arms of isis our enemies. that's being too quick to pull the trigger and regime change and gary johnson is right about that. kennedy: you know who else is right about that. dr. ron paul. he says to vote green, he says to vote jill stein. do you take that as a personal slight? >> no. i always liked ron paul. i think he was a real trail blazer for a lot of limited government principles i believe strongly in. it's clear to me, gary johnson and i can't whine and say we want help from somebody else to put us over the top. this is something we have to do the old-fashioned way. one voter at a time. and that's what we are setting out to do. kennedy: coming up, do you want

the government reading your email without your permission? one internet giant has reportedly been let can the feds do just that. which one and why? judge napolitano is here and we'll talk about it next. [burke] at farmers, we've seen almost everything,

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upgrade your phone system and learn how you could save at vonage.com/business kennedy: if you have a yahoo mail account, there is a good chance uncle sam has been reading your missies. the tech giant reportedly scanning the mail from hundreds of users and giving the data to the feds. it opens up a can of privacy concerns. and here is judge andrew napolitano. what an incredible violation this is. >> it's actually a violation of the law for yahoo to do that.

you are yahoo's customers, some of them are intentional, some are accidental. some may not be a customer but answering an email from someone who is. kennedy: they give you a privacy agreement. most people don't read it. but i'm sure it doesn't say we are giving your email to the federal government. >> what is surprising is what yahoo failed to do is what apple did. we are not going to work for you and create software for you. we are going to challenge this in court. if a federal judge after hearing the challenge orders yahoo to cross this material up. then yahoo must tell their customers because they have a right to file their own challenge. it blithely gave the feds what they wanted, and it didn't tell it own customers what it's doing. number 3, this is being revealed

on the eve of verizon acquiring yahoo the value of which i dare say has gone down radically. who wants to be a customer of yahoo if they give the government what they want without a court order. kennedy: i have the quote from facebook right here. google says we never received such a request, and if we did, our response would be simple, no way. microsoft, they were a little more vague. they say we never engaged in the secret scanning of email traffic. it sounds like micro some of the has done something similar. but google and facebook said it hasn't happened, they haven't had the request and wouldn't comply. >> when the f.b.i. tried to bully apple into creating software for it so they could break into the cell phone of the

san bernardino killer so they found an israeli company to do it. yahoo at their own expense created software to mine the eachs of their customers and others using their traffic to enable the feds to get their hands on it directly. this is not why who handing a pile of papers to the feds. this is yahoo letting the feds into the email of their customers in some cases in real-time. to mine what they wanted. this is unheard of any corporation would betray its customers like this. kennedy: this is not the office of theh of the director intelligence doing this. this is hundreds of millions of emails. >> this is earn that's used yahoo. when the government mines this massive amount of email, what

happens? the bad guys slip through. the constitution says focus on people for whom there is federal cause and the federal judge will give you a warrant to get what you want. when they mine everybody, it just keeps happening because the emails they really want are buried at the bottom of the pile. kennedy: we think everyone is being monitored therefore everyone is safe and the opposite is true. comingp, my party connell. hillary clinton says she can't recall if she joked about taking out julian assange with a

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kennedy: did hillary clinton suggest assassinating -- a joke about droning wikileaks founder julian assange? according to a website true pundit, she did. hillary was reached for comment. >> i don't know anything about what he's talking about, and i don't recall any joke. it would have been a joke if it had been said, but i don't recall that. kennedy: how do you know it would have been a joke if you don't remember it. should julian keep an eye in the sky or is he safe in the ecuador what embassy in london? >> i think it could have been a joke if she was saying it.

there is no question between the two major party candidate, she is the one who would love to drone people left and right. it's interesting it's non-traditional for the democrat to be such a hawk invading countries and donald trump's instincts are more restrained when he wants to invade. kennedy: he's heavy hand with invasions, they are just fewer. kennedy: hillary clinton wants to impose her brand of democracy wherever she can and creating instability so terrorists can rise up. >> i didn't invade that country. but if i did it was a joke. why can't we go back to america

where you can joke about killing people? remember the song we used to sing? kennedy: i grew up in oregon when we didn't murder our principal. >> it was a nicer more innocent time. kennedy: i think she knew what she was talking about. she was talking about how to get rid of this guy. >> you don't think she was joking? >> i almost wish she was joking? i think democrats are on both sides of the issue. and i think we have been a little bit for severe in something that we should be advocating for.

kennedy: she is going to make obama's drone policy look like a daisy squad. daisy squad. up

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kennedy: when your superhero sidekick dies and dr. doom is seizing the world's plutonium stockpile, come to me and we'll form the league of news. this is the "topical storm." philadelphia, home to both the declaration' independence and a type of cheese steak that plugs up your heart valves and it's also got to terrible traffic. what is that, you say?

that is a grown man peddling a plastic big wheel on the i-76 in philly. you might ask, is this unsafe? is it legal? the answer is shut up, it's carbon neutral. this man is saving the world. he's a hero. unfortunately shortly after that footage was shot he was floatenned by a semi truck. cool big wheel, though. topic number 2, by the way. now i'm about to show you the most suggestively hot video you will see all day. and i know what a perv you are. if you regularly per routes venison landscaping category

this won't come as a surprise. but for the rest of you prepare for the most uncomfortable arousal you have had in hours. look at that. kiss, kiss. topic number three. don't let distractions get the best of you in golf. hecklers or crocodiles or golf gypsies or drones. not bad.

5-iron. holy crap. i felt that. well, you can switch the 5-iron or beat the heck out of the irritating drone. those drones are here to stay. your golf game is pauling apart, sister. for now on this show will have its very own news drone. big announcement, piloted by my intrepid producer marty. let's check out marty's marrieden voyage. -- maiden voyage. we better go back to radio shack. what are you going to do. topic number 4. back before halloween was an excuse to wear as little clothing as possible, people would put on additional clothes in the form of what scholars

refer to as costumes. often grow tess income nature costumes were meant to strike -- often grotesque costumes were meant to strike horror in the hearts of people. if you are going to take something as sacred as "star wars" for feline wreckage. be accurate about it. because everybody knows cats are masters of the dark arts. then the pit bull in the kitty, and the kitty's remains were cremated. topic number 5. new footage. big foot. it surfaced this week.

they are hail it as definitive proof of the undiscovered missing link. it's a little grainy, i have to warn you. but clearly puck spot the primate. -- blue clearly you can spot the primate. that's the actual yeti mascot for the travel channel's upcoming show. come for the yeti. the show starts tonight on the travel channel at 9:00 p.m. good luck finding that yeti, josh. do the wheelbarrow. i had a great day. thank you for watch can the show tonight. you can follow me on instagram

and twitter @kennedynation. email kennedyfbn@foxbusiness.com. hallelujah. i will see you again tomorrow evening. >> 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 wi