tonight. good night from new york. kennedy: ever drain a swamp? ain't easy. neither is filling it back up. how is donald trump doing so far? ron paul is here to gripe and give us his idea how it should be done. donald trump wants to stack the court with as many conservative junes as he can. are the trump protesters accomplishing anything? get in the ring, it's time for a ruckus. that putrid dung puddle that is the d.c. swamp has to be drained, so says our incoming

president. with balloon faced chris christie at the helm the cesspool is being further filled with pencil pushing bureaucrats. because of that, christie was given a swift boot to the tickle stick and replaced with mike pence who was promised a less germ-friendly environment. can those the president-elect tut be trusted to run the federal government? those for liberty are voicing opposition. and for elizabeth warren it's too much to bear. >> i know the k street lobbyists are some rating. they are dancing in the streets. they say this is our big chance. we are going to get to slash regulations. man, look for a tax cut for

those at the top. kennedy: i love tax cuts. your side didn't win. you don't get to dictate the terms. your gal hillary was tucked sow neatly in bed with wall street they were practically registering for linens. rand paul has his eyes on the freedom prize. >> i couldn't vote for bolton necessary repudiated his report for the gulf war and repudiated his call for immediately bombing iran. really you want to have a diplomat in charge of diplomacy. you don't want a bomb thrower. kennedy: rand paul is opposed to john bolton. a trump tower visit from ted cruz. is he advising his former foe?

voting his conscience or will lyin' ted be flying high in a black robe? rumors of discord may be wishful thinking. elliott cone was oppose to trump but then adopted wait and see approach. even he tweeted in disgust. stay away, they are very arrogant. will this be the start of a new era or the beginning of anarchy many have been looking forward to. let's toss that around. welcome to the show. i'm kennedy. in a tweet the president-elect made it sound like naming appointees is like being a

contestant on the apprentice. i'm the on one who knows who the finalists are. so can donald trump make good on his campaign promise to drain the swamp or is this all a charade? dr. ron paul joins me now. welcome back, dr. paul. so you said with stuart varney, one of the hosts here on fox business network. you told him you are hopeful about some aspects of a trump presidency. what brings hope 20 your heart? >> well, i guess my nature. because i'm always hopeful some good will come of it. but it's small in numbers. but i do think this is not the time to come down really hard on trump. no matter what he does, even if he's on the verge of appointing some people i can get excited about which he isn't, i don't think that's dealing with the issue. i think a few different people

in washington won't make a difference. i think our economic problems are overwhelming. there is tremendous moan men actual there. and so far i think the swamp even since i was on the show earlier this week. it looks like it won't be drained all that well. kennedy: you say perhaps's not that necessary. let's put aside foreign policy and focus on domestic issues. people obviously want change. they are hurting, they want jobs. they want the economy 0 get going. how could an incoming president create the change he promised? >> itles' going to be difficult. he can suggestion and hopefully he gets things passed. but most of the time what presidents get blamed for aren't directly their fault. take the deep recession, it wasn't caused by obama it was

created years before that by monetary poll is and spending by republicans and democrats. obama prolonged the agony. i think the market and the economy will turn down. there will be no magic switch because they haven't dealt with the issue of spending and debt. spending will go up. inflation is on its way back. i think things will get much worse and you won't see the changes that you would hope. but the conditions that exist today, fit turns down next month or two or three, in the first few months trump, you shouldn't be able to blame trump for it. if you are doing the right things, you want to clean up the mess, there might be a temporary reprieve from some of this artificial propping up of the economy. >> that's at the hands of the federal reserve.

we need to end the fed. is there anything a president trump could do to make that wish come true? >> i think he should consider seriously appointing jim grant, the head of the federal reserve. he is a free market person. he understands the nature of the federal reserve system and he would work. even to take away their power to create money out of thin air. but he would think about how to get rid of it as well. but the odds of him being appointed, very, very slim. >> thank you for your time. i appreciate you starting the show. we'll see what happens with that swamp. now let's turn to my extra spicey party panel. comedian jimmy failla is here. and returning ww superstar dolf

ziggler. these rumors of chris christie being out of and mike pence being put in places ahead of the transition team, what does that tell you about the trump transition so far? >> i think it was a good choice. i know trump is very loyal to people who are loyal to him. but chris christie has been a terrible governor. he was downgrade the tenth time by credit agencies. i was right count hall from the team that downgraded them. he had 8% budget assumptions growth rate. he needs to go home and make new jersey great again. kennedy: high tax an enemy of civil liberties. and he's for pot.

>> even kids who needed treatment. kennedy: heartbreaking stories of a girl who had 100 seizures a day, and heartless chris christie -- jimmy, what do you make of this transition? do you believe the rumors there is chaos? dr. paul said maybe not totally necessary to drain the swamp. >> there is chaos. the trump campaign is like a kid having a wild party at his house and his parents came home early. they didn't expect to win. when i look at christy's list, it's becausee had the job of assemble a transition team and he didn't think he was going to win. he made that list at 3:10 in the morning because he didn't think he was going to win. kennedy: i think a lot of people on the trump team, it's like the contrast of hillary clinton's

utter depression from her and her staff. >> trump's whole acceptance speech. he was waiting for ashton cuff n kushner to jump out. kennedy: is there a danger to giving these key roles to rudy giuliani, home who have be loyal to you? >> whichever way you government doesn't matter. every day there is something new to nitpick. it's just the same -- we are going to have to tonight pique k everything. trump wanted to run for president and be on television. i don't think wanted to win. i think he wanted to complain tore the next two years that he got screwed out of it because it

would be more exciting to never prove it. then he wanted to win and have an electoral loophole. i think he will start donating to protest rallies. >> that what's they said to nuke pence, you will be the most powerful vp in american history. it seems unprecedented. kennedy: you are right about pence. but dick cheney was in charge finding the vice presidential candidate in 2000. but pence i thought made the ultimate gamble. he stopped running for governor of indiana. they said your political career is over. >> i think it was smart of trump to go with pence instead of chris christie. that reassured the middle of the

road americans who felt antsy about trump. it's like that's on the play. you can't always get what you want but you get what you need. kennedy: the party panel returns in just a little bit. trump's supreme court picks set off death charges in american law. judge napolitano joins me to explain what we can expect from the highest court in the land.

kennedy: the supreme court has had a vacancy since the death of judge is scalia. trump could appoints as many as four justices and reshape american thank for decades to come. let's ask judge andrew napolitano. welcome back, judge. so what are you hearing? we know that texas senator ted cruz has visited strum tower. does that make sense to you? >> my familiarity with senator

cruz's thinking tells me he would be in one of the two conservative areas of legal thought that would interests the president-elect. i think senator cruz plans on a career in the political side rather than the judicial side. one takes a job on the supreme court planning to stay there either for the rest of your life or the rest of the productive part of your life. kennedy: we have heard mike lee temperatures name. >> senator lee is. >> very serious legal scholar who clerked for now justice alito when justice alito was judge alito on the united states coast a peels for the third circuit. alongside president-elect trump's sister who sat then and still sits on that court.

senator lee also comes from a family of legal scholars. his brother is a justice of the supreme court of utah, his father was solicitor general for ronald reagan that represents the government before the supreme court. kennedy: we heard mike lee's brother's name was one of the first north as potential supreme court nominees. how important is originalism? >> originalism is the theory that the constitution today ought to be interpreted as it was understood to have amendments publicly in 1789 when it was ratified. so originalism would bar the concept of a living constitution typically embraced by progressives and liberals who will take phrase and stretch them to their own meaning. originalism has never captured a majority in the court. but you follow the literal

meaning of the text as they wrote it when they ratified it, if the literal meaning is ambiguous you follow the public understanding of those words at the time it was ratified. but there are two times of people that president-elect trump is looking at. there are conservative jurists who believe they should defer to the congress and make sure the president does just what the congress authorized him to do. there are other justs who believe the whole system is far yorntds confines of the constitution and they should shrink the got down to the confines of the constitution. kennedy: i like option two. >> let, hope he uses the power of rationale to pick brilliant people like yourself for the supreme court.

>> i would prefer people who would bring the government back to where it should be and enhance human liberty. he campaigned on that. he's not a lawyer or legal scholar. >> that's an active form of iginalism. i know you will explain that to us as this story unfolds. coming up, devastated democrats on the hill are holding off voting for their new leadership until after the thanksgiving holiday. i'll ask chris stirewalt if that spells trouble for nancy pelosi.

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to keep paul ryan as their speaker. but nancy pelosi is not enjoying the same support from lefties. house democrats decided to wait until afteuntil thanksgiving toe vote. chris stirewalt, welcome back. so let's talk about this. nancy pelosi wanted to vote tomorrow. but some of those younger frustrated house democrats forced the issue until november 30. what is going on? >> when nancy pelosi took over as house speaker in 2006, democrats were shocked at their success and had visions of unending triumph into the future. but she was not only not able to hold on to the majority, but

then failed in 2012, 2014, and now 2014 to re -- and now 2016 to recapture it. when you lose, it is usual, it is considered normal, for a party leader to at least offer to step aside. we lost and i was in charge. i should step aside. pelosi has don't differently and she has hung on with an iron grip to power. while she was hoping to have this snap election and do it. probably the reason they are not having it is because she was afraid she might use. this is time she'll take to take care of people like tim ryan, the democrat from ohio where donald trump did very well who said you need to reach out to blue collar democrats from flyover country and you won't do

that if you push global warming and free trade. kennedy: she is not only holding on to power with an iron fist, she is holding the wooden stake away from her heart. i don't think it will be enough. that's my prediction. >> you are a very mean person. kennedy: that's right, and that's why we are friends. trump protesters are hoisting signs. now some of their leaders are calling for a tea party of the left. is the dnc about to get a populace booster shot or die from infighting? >> one of the advantages -- disadvantages, rather, of losing, you empower the loudest voices inside your party to say this is your fault. we need to be mere like this. in the case of the republicans

be the tea party was a consequence, not a victory, after the loss in 2008. that energy collect and pooled there. and it leads us to today. on the democratic side, though the party leaders will say moderate. we need to reach out and listen to people and reap out to heartland voters, there will be very loud voices in the the democratic party that says call the trump voters racist and swing hard and bet on the emerging democratic majority with hispanic, african-american and young voters and run like hell right now against those white people. kennedy: all the people who didn't show up to vote, we'll see what happens so much in the coming days. so much to vote for and fight against and rally around. thank goodness you are here to documents he minute of it, chris stirewalt.

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kennedy: i like her have much. hillary clinton may have lost the election badly. -- why am i smiling? chris stirewalt was right. i'm a mean person. but the bad news nai may not be over according to jason chaffetz. the investigations into hillary's email scandal will continue.

he claims she created one of the biggest messes in the history of the state department and the american people deserve a cleanup. >> we have a duty and obligation to carry on. the target was never hillary clinton herself but she created one of the biggest messes in the history of the state department and it need cleaning up. we are owed a lot of documentation that will help us in that process. kennedy: the other side of the coins, is it worth it, spending millions more in taxpayer money and several more years to investigate a woman who will never be president? the party panel is back to explain. jimmy failla and dolf ziggler. >> we need to bring this to justice. you had a little thrill up your

leg when you said private emails. i am from utah. jason chaffetz, i have known him for a while. this entire time she thought she was above the law. if justice was blind she would not be allowed near any classified documents. it should be contained. we don't need to waste a lot of taxpayer money on this. kennedy: i don't think there is anything quick by the. there are so many places you can go. i share your feeling. i'm also torn about this. i want justice. i think what she has done is so egregious. her and her family and sycophants she surrounded herself with. but having said that, how to we go on? >> it is national security. like if we are going to make an example out of someone over something. i'm amazed it was minimized in the race.

like do you know how bad of a job trump would have to do grab something one by the "p" word to get us killed. national security gets screwed up we all die. >> that was the liberal response about bill clinton, he might have grabbed the women by the "p" but he's a damn good national leader. kennedy: dolph, i will turn to you. do you keep investigating? >> here is the deal. worse than her being for what she did being imprisons or found guilty. she lost and she had to deal with that. that is the worst punishment you could ever give to her who thought she was being handed a presidency no matter what the case. and i feel like bill and her met with trump a year ago and figured it out and he would be

the oh poab end and it would be a laugh and she would win. and everybody believed that it was going to happen. of course, i was torn both ways. i'm trying to find a different side to go with. save the money. waste it on a million other things we are wasting it on. she lost. she had to sit in a dark room that entire evening. >> she couldn't even get a drink because she couldn't find her server. kennedy: i love the idea she was hammered and throwing things. >> i think it crushed in her hand. >> come on, you know, we have to be classy. kennedy: thank you, guys, so much. you are coming back. thank you.

all right. dolph is returning. he will be joined by fellow www.superstar kaine. donald trump is playing cat and mouse with reporters. mouse with reporters. wait until you hear how he gave impressive linda. it seems age isn't slowing you down. but your immune system weakens as you get older increasing the risk for me, the shingles virus. i could surface anytime as a painful, blistering rash. one in three people get me in their lifetime, linda. will it be you? and that's why linda got me zostavax, a single shot vaccine. i'm working to boost linda's immune system to help protect her against you, shingles. zostavax is a vaccine used to prevent shingles in adults fifty years of age and older. zostavax does not protect everyone and cannot be used to treat shingles or the nerve pain that may follow it. you should not get zostavax if you are allergic to gelatin or neomycin,

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i'm in vests and as a vested investor in vests i invest with e*trade, where investors can investigate and invest in vests... or not in vests. sign up at etrade.com and get up to six hundred dollars. kennedy: i have got some shocking news you might want to sit down for. electric requires annoying reporters by -- president-elect trump is annoying reporters. he snuck out of trump tower for a steak dinner with his family. but when reporters finally got word, we are told, they went to the wrong restaurant. they finally found the right one and cops refused to let them in. joining me is brian kilmeade.

author of "thomas jefferson and the tripoli pirates." brian, welcome back. so i think that there is no up thing as protocol to president-elect trump. this is par for the golf course, preferably mara-lago. how much of a handful will he be as president. reporter: 5% of the press disdained him. so if he wants to go out to eat for the first time since '86 because he does not like to go out to eat. so he went out there and he did not tell the press. he didn't even tell his handlers. he was hungry, and he was work hard, and he has yet to -- he only has two people in this cabinet.

it does drive the press crazy. i'm starting to sense he's a bit of an unnort d an unorthodoxed e and now president-elect. >> buchanan tried the same thing and it blue up on him. he will have a press conference. but he unless communication with us. he's tweeting. he tweeted three times during fox and friends this morning. kennedy: about your show? >> no, about his life and the country. he said everything is going good and every decision come through me. don't believe there is disarray. kennedy: do you believe him or do you believe there is some discord in the transition team? >> all i can say is he deserves and earned and worked for the benefit of the doubt. remember in july when he changed his campaign and august and september.

each time they said he's over, he's done, he's through. he's running this like a show, not a real presidential campaign. man, is it real now. if he's having trouble, there are no secrets here. but for donald trump some people thrive in a little bit of a chaotic atmosphere. my sense is he's one of them. kennedy: as long as that chaotic atmosphere is to the totally opaque. we'll find out as we go through this transition together. will he be the next thomas jefferson who created the navy and marine corps which found out in your book. >> they have to be armed and need new uniforms. they knead about $25 billion. i think he will put together a good team. but their team also feels shunned by the washington establishment.

their team also feels as though the reporters didn't vote for them. so they can't wait to go in us against the world, and we'll be us. kennedy: brian kilmeade, come back early and often. most of the protesters arrested in portland last week didn't even vote in the election. there they are. they are up next. i don't want to live with the uncertainties of hep c. or wonder whether i should seek treatment. i am ready. because today there's harvoni. a revolutionary treatment for the most common type of chronic hepatitis c. harvoni is proven to cure up to 99% of patients... ...who've had no prior treatment. it transformed treatment as the first cure that's... ...one pill, once a day

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kennedy: hi, there. anti-trump protests and walkouts have spread from coast to coast.

so has hypocrisy. last week police cornered protesters after a million dollars in property damage. of those protesters of 79 protesters who were arrested didn't turn in a ballot or register to vote in the state. dolf ziggler returned and he brought kaine. kaine, welcome to the show. you are well-known libertarian conservative. >> i guess that's true. kennedy: you are famous in libertarian circles. but also for the amount of reading and critical thinking you do about politics and government. let's talk about some of these protesters. especially some of the violent protests. is this the best way to get your message across? >> absolutely not.

you were talk being the people who didn't vote. any time there is trouble they will be attracted to it. i'm more interested in people who are genuine in their protesting. for me it's like what are you trying to accomplish? you go out and show the world that you are so angry. hey, guess what, sunshine, no one cares. do something constructive. get out of our echo chamber and facebook and social media where everybody is talking about the same thing you agree with. stop denigrating and screaming at people you don't agree with and go talk with your neighbor who maybe voted for donald trump. you will find they are not a home he phone, racist or bigot. they are. >> hard working, decent person who is fed up with a permanent washington political overclass. they are tired of people in washington knot look out for their interests.

and look out for the interests of the rich and powerful. >> it sounds like bernie sanders. what i found is people in general want the same thing, they want a decent living for their families. but instead of starting from that point we start from what we disagree on and try to reach that. what's much more constructive is if we did talk about what brings us together. >> finds a point of agreement. >> you won't do that by causing property damage. >> people are better off when they start free. what do you think the ultimate goal is? do they want the election overturned? >> some genuinely do. and some are in this -- it's not always negative. they could be proactive in so many things. unfortunately you can vote and get a sticker, but no one is going to notice you doing it. a lot of times when you come down to it. people who don't know any facts

about except what they read on facebook from their friends. for the most part everybody agrees on about 90% of everything. if we could unify together. that's how you take out the establishment and get someone in. a huge chunk who aren't registered and don't know any of the facts except what they are told by a few celebrities online. they want to be a part of something. i was at this parade, too. look at this sign made. what's your goal here? i wanted everyone to see me on social media. if you are all coming together for a cause, that's fantastic if you want to hold the electoral college loophole. i have a brother in california marching with so many people. he's a little left, i'm a little right. but we tends to agree on common sense things. he said what from you here for.

i'm at the rally. i said that's not the right reason. but at least it's something. kennedy: i guess the question is is this real involvement? and it remains to be seen. but if occupy wall street taught us anything, it hasn't gone the us anywhere. >> if they had gone and voted, not california obviously, but a few things would have changed. but less people can pat you on the back for it. kennedy: you people need to come back. let's continue the discussion. there will be so much to talk about in the coming year with this transition and presidency and what it means for freedom. something we all hold dear. coming up, will pumpkin rolling replace bowling?

kennedy: let this hump day have its way and grab on to your legs it's time for strange news and suggestive pictures of your mom. this is the "topical storm." topic number one. sibling rivalry is one of the strongest forces on the planet. watch as this cunning whipper snapper tried to lure her baby brother ben into a laundry basket with a cracker. >> get ben in here. get ben in here. got it? okay. see the cracker, ben? come here. kennedy: laundry be damned.

get in my basket. this is fine and you are going to get in big trouble and i get to nibble on this delicious cracker. topic number two. are you tired of your local sold school organ wheegs out old hymns. a guy retrofitted his church organ to play bohemian rams bown rhapsody. for that matter, on an old school computer. all of which was inspired by the most karaoke song in human history.

everything is better with a mouse trumpet and of course let's cut to that iconic original. ♪ never going to give you up. never going to run around and dessert you ♪ kennedy: he's our next president of the united states. topic number 3. this one sent in by very loyal stormer thomas mclachlan using #topicalstorm. . little kids with their grubby hands carve crude images in them. the pumpkins have started to strike back. >> go get'em. >> take that, you little punk. don't think the pumpkins are

satisfied by take out one child. let's take a look at the latest orange rolling. never going to give you up, never going to let you down, never going to run around and dessert you. kennedy: he's never going to dessert you. but if you were going to make a dessert, pumpkin pie. if you want halloween to be over, you better be spoke for 2017 because it comes with a hot cabbies of new york wall calendar. there are over 9 billion cab drivers in new york city, three of whom speak english. but they are so much more than show fewers in yellow cars. they are also pieces of meat to be used for your sexual gratification.

it inspired me to release my own cabbie cab driver featuring the on cab driver tino, jimmy failla. he used to wear 300 pounds. nice work, jim. next i'll dress him up as a fireman. topic number 5. this story was sent to us by jason rhodes using #topicalstorm. many voters were perplexed by the non-clinton and trump names on the ballot. one man made and posted a video asking pressing questions about libertarian presidential candidate gary johnson and some of his campaign flaws. he had the nerve to ask, who the "f" is gary johnson?

i look down and i see gary johnson. who [bleep] is gary johnson. lire tearian. do you know gary johnson? where have you been, grary. you probably would have had a chance if we knew who you were kennedy: i know who gary johnson is and i forwarded him this video as we speak. so his team could do a proper election postmortem as they answer the queries, damn it, gary. i thank you for watching the show tonight. you can follow me on twitter and instagram @kennedynation. use #topicalstorm. email kennedyfbn@foxbusiness.com. tomorrow on the show not only your hate mail, also judge

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