follow federal law. the switch can be thrown on january 20. time is up, new york. lou: we thank you for being with us. join us tomorrow. kennedy: you want a lesson in hypocrisy. look no further than the great recount of 016. how messy will it get? donald trump threatening to toss black burners behind bars. sound policy to strengthen the nation or direct assault on the free speech. protests over the $15 minimum wage popping up coast to coast. but will the free market decide what's right? it got hot and crazy last night between jill stein and me.

here is a taste of what you might have missed. >> we know there was hacking all around the periphery of this election. there is no evidence null look for it. that's the thing about hacking into our voting system. kennedy: then you do a further investigation. is this how you want to be remembered? i enjoyed having jill on the show in the past. but last night she seemed unfocused and unhinged. i think the questions exceed her comfort zone. for a woman who was barely able to raise $3.2 million for her presidential campaign. she has raised $7 million in seven days. where is the money coming from? soros spent $5 million targeting republican voter suppression. and guess who led that fight? hillary's campaign lawyer marc

allaelias. and he's the guy representing against a recall effort. governor mccrory he says needs to accept his defeat and concede. that margin is 4,772 votes. so why is dr. stein stopping at those three states? i asked her. >> we are going to the three states that are most likely to show hack because they have razor-thin margins. kennedy: there are also thin margins in new hampshire and virginia and colorado. why not go into those states. >> it's more than one criteria. kennedy: this is why people hate politics and politicians. they are motivated by personal gain and convenience. not reality and certainly not truth.

if this is just a money-making scheme on the part of july stein and the green party, it's maniacal and it's brilliant. she has gone from bernie sanders to bernie madoff. she can store whatever is left of that $7 million nut for her run in 200. she boost her profile, made some heavy-hitting democrat friends and is snow blind to the moral compass she once claimed got her over the mountain of hypocrisy. i hope she makes public that curious list of donors and i hope those funding this effort don't hide in the shadows and let this once clean puppet do their dirty work. i'm kennedy.

wisconsin's recount could begin as soon as thursday. and jill stein filed for a recount in pennsylvania. michigan just finished counting yesterday and they are headed for a recount as well. bret baier, anchor of the fox news channel. the question i have is who is funding this recount? bret: that was a nice open by you. jury trial stein aside from your interview has don'ter interviews. when she was asked about the donors she claims they are 90 something percent of small donors under $100 she said. but you can donate $2,700 and there is nothing preventing anybody like a george soros or a person who has the capability of bundling people to donate. she could not confirm whether

george soros was a donor to this effort. she said if she found oute was, she would give the money back. the fact that she raised $7 million in 7 days which is exponentially more than she raised for two presidential runs, this is quite something. kennedy: it's very curious. i still do not believe that this is jill stein on her own making a stand at the top of that mountain. i just don't think that she has the marketing capability or the foresight. otherwise she would have done much better in the presidential race. she would have raced a lot more non-money and she would have found a way to raise her profile. brett * this is more about democrats grasping at straws and distraught about the election results trying to see if there is anything that can change the scenario. the reality is as you point out, the spread here in these states is significant. you are not talking about

hundreds of votes, you are talking about tens of thousands of votes. in pennsylvania 70,000. wisconsin 27,000. michigan, 10,000 700. -- 10,700. i spent five days and nights 531 votes over a number of court case. this is more than 100,000. kennedy: there are people on the left who say that's not that's, and they are hopeful they will find the voting irregularities. but i think if this were an effort with pure intention, that it would be multi-partisan and they would be going into states like nevadaen new hampshire and arizona and minnesota where there were also closer margins. they are just not doing that. you can't say it's this secret set of criteria keeping them in

the three states that if they flip would give hillary clinton the presidency. bret: dr. stein said in an interview she would have done the same thing if hillary clinton had won and donald trump was on the losing side of close states with suspected -- what she says results. you know, the evidence she points to is not that substantive. it is that -- the dnc was hacked. john podesta was hack. she doesn't have any pure data that any of these machines, despite select early to commissions in these states have come out and said they are confident in their elections. kennedy: these machines i pointed out to her are not online. it's not the same thing and one has nothing to do with the other. there is a massive flaw in her logical strain. i asked her last night, is this

what you want to be remembered for? at this point it doesn't matter. this ways she'll be remembered for. and for hillary clinton supporters he will lose again. bret: the bottom line jill stein is one of the major reasons hillary clinton lost the election. this is so ironic. dr. jill stein who is doing this recount is the reason hillary clinton lost some of those states. kennedy: if she got 1% of the vote and you are talking about three states. four in you count pennsylvania. bret, thank you for your time. appreciate it. this whole thing about protecting democracy. this recount. is it about the green party and a cash grab? let me ask my party panel.

i will start with you, you were shaking your head the whole time, especially when i was saying why not go to new hampshire and minnesota. do you think this an illegitimate effort if she only focuses on the states where hillary lost? >> there is a group of computer scientists who came out and said we are questioning these voting systems. there is a chance they were hacked. there are problems our voting systems across the board in new hampshire, arizona, and pennsylvania. they weren't necessarily hacked. >> with that being said, jill stein, i think she probably cut a deal with the democrats so that jill stein could take the fall and it would make her look better on the left so she didn't look like a spoiler.

but this is a lot of money where contracts can go. we are expecting apartments in d.c., we are expecting jobs. now they have been able to pay their rent. you have someone who is marc elias. he makes $1,500 an hour. consulting problems in washington. that's the story no one is talking about. these are opportunities to make money. kennedy: the money is being concentrated in one place. it all adds up. jill stein is looking more and more like a puppet. what if this works? what is hillary actually wins. what happens to the country. >> i would like to think that the silent majority that elected trump would do something about it, get out in the streets as it were like the left loves to do. but we can speculate as to what this is. but what it shows especially

after trump's 18-month campaign, they are still doing the same stuff that is going to get him a second term before he even starts his first. we are look at politicians doing things behind our back, underhanded things. we now have such a great example of how that isn't working or how it works with trump that you look at these people and go, really, you are going to keep doing this? kennedy: he needs to stop reacting to it. he needs stop with his own conspiracy speculation. >> why? >> he needs to stop that right up to the presidency. >> it doesn't matter. kennedy: how dumb are people who donated to this? >> the irony is i'm guessing a lot of people who donated to this effort are the same people who talk about how dumb trump supporters are. the green party --

>> i think there are people bundling, they figured out a way to bundle these small donors make it look like mom and pop shops. but there is a much larger apparatus. >> those of us who have the unfortunate reality of being on twitter know, this has been the liberal thing since the election, calling the election illegitimate, pointing out that hillary won the popular vote. i saw the jill stein thing retweeted 8 million times. give money to this, give money to this. i think these people just finished bin binge watching "scandal." kennedy: if hillary clinton doesn't win, just yesterday journalist ron fournier tweeted,

raising doubts about the legitimacy of elections is part of clinton's plans to keep her options open for 2020. is she going to run again? this is third bernie. a 2020 run? >> breaking news, democrats. hillary clinton was not the future of the party in 2008, definitely isn't in 2016. get the message. if you are going to go to clinton's aide to talk about this, they want to start raising money now. how about looking at the future of the party? i think we need to reform the primary process which is dictate bid state parties. that's where corruption really exists.

kennedy: that's why they filled the coffers of superdelegates. wouldn't you love to see her lose for a third time? >> that would be the on up side of the whole thing, watching her lose again. but tart now, and really get close -- start now and get close to those 14-year-olds. really get them on board. i don't think -- >> he will have to be the virtual reality. he has to be doing so well. she might be spending a lot of time there the next four years. >> i'm torn over this. i would love to see the democrats be just that stupid to go ahead and nominate her again. but on the other hand, the end of the clintonispas has bent only bright spot.

kennedy: very independent-minded panel. they are returning later. activists protested for a higher minimum wage today. we'll explain the crucial detail they could be missing. is donald trump trampling first amendment rights or strategically positioning democrats on the issue of flag burning?

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kennedy: is president-elect trump really going after the first amendment or is his latest tweet political theater. he tweeted, nobody should be allowed to burn the american flag. if they do there should be consequences. loss of citizenship or a year in jail. the supreme court ruled decade ago it's protected free speech. and the court also ruled the government cannot strip citizenship as a foam of punishment. could this be a political ruse to get trump's enemies on the left to defend flag burning

after an election over making america great again. joining me is judge napolitano. this is one of those areas where a president-elect trump has been critical of hillary clinton for being anti-constitutional. but here he's in some hot water. explain why. >> he has basically suggested and argued flag burning should be criminal and the punishment should be draconian. i have to assume he knows what the supreme court has ruled and this is his way of stirring the political pot and doesn't intend to mean the literal meaning of his word it's been very clear now for 17 years, the supreme court by 5-4 decisions found that flag burning is lawful. we are not talking about burning the government's flag or someone

else's flag. the statutes that were invalidated the supreme court found were written to suppress the idea of hating the flag or hating the country. the same laws that prohibited burning the flag permitted other kinds of public fires. if the government wants to ban all public fires because of a public safety need it can probably do that. but fit wants to permit fires in cookouts and camping and burning leaves, but prohibit burning the flag it can't do that because the first amendment has kept the government out of the business of censoring speech and deciding what ideas can be expressed and why ideas can't. kennedy: he's walked some of his rhetoric back on several areas including whether he's going to go after hillary clinton.

people were chanting "lock her up." and he said she would be in jail if he were in charge of the laws. his supporters say you can't take everything he says litter rally. >> he may be coming down on the popular side of this. the american flag is a universally recognized symbol of the human sacrifice of some for the human freedom of many. but you undercut the very reverence for the flag when you say to people you can't dishonor it in public. it stand for the right to dishonor it in public. i love the declaration of independence but i'm free to dishonor and disagree with the declaration of independence just like king george iii did when he threatened to hang tom thomas jefferson for authoring it. kennedy: how would you go about stripping someone of citizenship. >> not possible, not permitted

since 1789, since the constitution came into existent. a legal permanent legal alien can have the permanency stripped. a naturalized citizen can have the citizenship stripped if there was fraud in the process of naturalizing. but a that are born citizen is an american citizen forever unless that person knowingly, intentionally and specifically gives up their citizenship. the government can't take it from you. kennedy: think of all the heinous crimes people committed and still maintained their citizenship. >> the constitution protects persons it doesn't matter if you are a good person or bad person, it doesn't matter if you were born here or came here illegally, you still get the same protection. the loss of citizenship would,

symbolic, it wouldn't be substantive. >> it protects heinous acts. >> the first amendment protects speech that we hate. speech we love doesn't need the first amendment. kennedy: thank goodness you are here on watches. happy holidays now that christmastime is here. finally celebrate. have a little nothing. donald trump nominated congressman tom price for health and human services secretary. will the georgia lawmaker come up for -- with a cure tore obamacare?

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kennedy: it looks like president-elect trump has fired the first shot in his vow to break up obamacare. he nominated tom price to be the head of halifax and human services. he's as bone saw. he's an orthopedic surgeon. there is no one who knows more about obamacare than peter suderman. so let's talk about representative tom price. what does this pick say to you? >> so what it says to me is that the trump administration is

positioning itself as strongly opposed to obamacare. tom price is a really outspoken, ardent critic of the law going all the the way back to the beginning. and he's one of the few congressional republicans who released not just a vague plan, a couple ideas for how to replace the law. but a 250-page legislative bill to repeal and replace obamacare. that's an unusual thing. however, you have to remember that any repeal effort is not going to be driven by the trump administration. these laws get drawn up and get driven by the legislative branch. they come from congress. what this means is, it shows the trump administration is going to be symbolically sort of outspokenly opposed to obamacare. but it doesn't necessarily mean that republicans in congress are going to put together and pass

an actual repeal and replace bill. kennedy: repealing it is much more difficult than dismantling it piece by piece which can be done with a party line vote. senate republicans don't have a filibuster-proof majority. tom price has a strong policy background and a background in healthcare. but it brings up one of the most important issues about this. way it's going to do to the insurance market and the current premium prices. he's saying, they want to keep the preexisting conditions clause. but it seems from what i have read, almost impossible to keep that without having the individual mandate. but they say it can be done. how do you do that? >> you can keep the preexisting conditions clause if it is not the same preexisting conditions clause that is in obamacare. the one in obamacare, you don't have a mandate, then the law ends up looking like it does now

except even worse off because you just don't have people buying into the system. but what tomorrow price's plan and other people's plans doyles allow insurance could to have we'll at a standard market rate if they maintain what's called continuous coverage. as long as you buy a plan in your 20s and stick with that plan, even if you get sick or get cancer or something expensive to treat, the insurance company can't raise your rates. that's one way they might do it and say we are keeping the preexisting conditions exclusions. but if you went without coverage for a year then that would change and there would be high risk pools under tom price's plan. tom price's plan may not be the best guide to what congress does. congress gets to write the laws, not president trump or tom price. kennedy: but he has friends on capitol hill.

>> he's very close to speaker of the house paul ryan. kennedy: how close is ryan's plan with price's plan? >> there is some overlap. i would say the best way to describe the difference is tom price's plan is a little more conservative and repeels all of medicaid without offering replacement. the paul ryan plan currently would allow states who have expanded medicaid to continue to do so albeit with less federal funding. coming up, the party panel returns. should the federal minimum wage get bumped up to $15 an hour? coming up next.

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looks like they viewed it. and, ta-da! paid twice as fast. oh, she's an efficient officiant. way to grow, jeanette. get paid twice as fast. visit quickbooks-dot-com. kennedy: welcome back. if you wanted a happy meal today you may have been out of luck as activists protested to raise the minimum wage to $15 an hour. more than twice the current federal rate. we are told protesters did everything from fast food joints to airports.

like o'hare in chicago. so do workers deserve a $15 minimum wage or would the raise hurt businesses and kill jobs? the party panel is back. so andy, i will start with you, this isn't just a movement happening on the left. president-elect trump talked about raising the federal minimum wage. >> i see this framed as a new fight in the trump era. trump said he thinks the federal minimum wage should be raised to at least $10 an hour. that sets the floor for the states. kennedy: it also sets the ceiling which is something people don't talk about that. people will never make more than that. >> i don't know what that means. >> that will be it.

you might be right about that. there will always be states that push it above the floor. 10 dates are above $10 an hour. kennedy: a bunch of states voted for you a higher minimum wage like arizona and colorado. >> i believe businesses that can afford it should treat their workers well span pay them a living wage. kennedy: if there is so much cronyism going on it's not an honest free market. oftentimes people talk about a federal minimum wage. they are talking about people getting in on the ground floor. you can't do that if you are a minority male. if there is a $15 wage. it will be a more competitive market. fewer jobs, more automation and less opportunity. >> this should be entry level.

i don't understand why people believe entry level jobs have to be a living wage that you can raise a family on and drive a new car. that's why it's the minimum wage. it makes you want to do better. learn more, get a trade as my parents used to say because they my i wasn't going to school. it's entry level and there is no reason people should have to carry the burden of running a small business. kennedy: a lot of people pushing these protests forward have never run small businesses. small businesses have already been decimated by dodd-frank. they are see rap rating faster than they are starting in this economy. that's heartbreaking. these are the people who employ most of the new people. >> small businesses are decimated because of globalization. when walmart comes into town and they are restricting workers pay.

kennedy: you are talking about retail. if you are talking about manufacturing, they can't get small business loans because of dodd-frank and they can't afford to employ every single person for $15 an hour for seasonal manufacturing. >> the reason why the small businesses don't have the power is because of globalization. manufacturing jobs being sent over seas. my mother was the head of the chamber of commerce. we lost half of our businesses in a small town outside buffalo. kennedy: you think unionization has anything to do with manufacturing being cost prohibitive? federal minimum wage laws are just a way for the left to seem like they care. because if they really looked at the data it would show these are completely heartless and marginalize the very group of

people you claim to want to help. >> why do we stifle wages while ceos can get paid 10 times what they were making 10 years ago. when young people having to go to school and have to support their families are living off $7 an hour. >> that's not set by the government. kennedy: if the left had their way, it would be. i love that everyone comes with their passion. thank you so much. fake news stories have sent shock waves through the 2016 election prompting google and facebook to ice out fake news sites. my next guest has some major concerns. >> why are these tech companies going to be the ones who determine whether the news you put out is legitimate?

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kennedy: it might sound ridiculous.

20-something could swing the entire presidential. >> i recollection. but that possibility is what's behind facebook and google's recent crackdown on fake news sites that in the runup to the vote ran headlines such as hillary confirms hillary sold weapons to isis, then drops the another bombshell. pope francis endorses donald trump for president and released statement. who gets to be the arbiter of what we see or read online. you made your name documenting a lot of stuff that's happening on occupy wall street. there was a need for immediate digital news and you helped fill that void. why is facebook and google cracking down on these fake news sites so worrisome to you? >> to have tech companies

deciding what news is real and what isn't is frightening. if you are familiar with what happened with facebook trending, they had a staff that was biased filtering out conservative news. kennedy: a conservative came forward and said that. >> they decided to get rid of that all together and let the computer handling it. and fake news stories are dominating the news cycle. we are getting extreme in our biases or you can let the robots take or and it's just fake news. kennedy: what is the answer? do you try to get a group of people who are politically diverse to get appropriate news to put in the feed? do you spray the robots with water when they are bad? >> journalism is suppose to be the solution to this problem. but journalism doesn't work anymore. the business model of writing factual news is expensive with no guarantee the audience will

care about the story you are telling. kennedy: news is essentially free now. it's very different than it was 10 or 15 years ago. if someone in their 20s came to you and said i want to start a media company, what would you tell them? >> you have got to work hard, find good stories and follow the ethics in journalism to a t. if you want to start a media company, you make fake news. kennedy: justin kholer makes $10,000 to $30,000 a month. he said f.b.i. agent suspected in hillary leak found dead in apparent suicide. he said he just wanted to show how fervent the alt-right was. do you buy that? >> not at all. he's also a relatively well-off person because of these fake stories.

he claimed he was trying to infiltrate the alt-right echo chamber. he knew what he was doing in my opinion. it's easy to make a viral story. write a story about a trump protester who accidentally killed somebody. write a story about a racist cop violating someone's rights and every liberal will share the story. people figured it out. i can do whatever i want, nobody will do anything about it and we'll make a ton of money. if this guy is make $10,000 to $30,000 a month. shouldn't someone sue him for libel? >> the f.b.i., it's their responsibility to make sure -- kennedy: you are say take it to the courts. flesh this stuff out and make them do a better job as a reader

and consumer of finding more than one source. >> as journalists we need to take care of the problem. hillary has to do something about it if they write about hillary. kennedy: really fascinating. coming up, is your beloved pet duck a cleverly disguised ghost? that's coming up next on "topical storm." liberty did what? yeah, with liberty mutual all i needed to do to get an estimate was snap a photo of the damage and voila! voila! (sigh) i wish my insurance company had that... wait! hold it... hold it boys... there's supposed to be three of you... where's your brother? where's your brother? hey, where's charlie? charlie?! you can leave worry behind when liberty stands with you. liberty stands with you™ liberty mutual insurance when a moment turns romantic, why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat

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kennedy: if you are trying recount your marbles after losing your mind strap yourself into a straight jacket of odd video and weird news. topping number one. it's good to owes push the food boundaries. try new things expanding your palate. watch this baby taste delicious creamy yogurt for the first time. >> it many cold, too. >> oh, yummy. kennedy: so not yummy. it reminds me of a really hung over guy at 7:00 in the morning trying to choke town a kale smoothie. that baby. he would probably rather nibble

the pack. topic number 2. it's not okay to mess with a woman's purse unless you are confident she is smuggling heroin tonight and you are jonessing. a lady has provided top five reasons not to lift. and i assume the first reason is basic descentsy. freedom number one, .22 revolver. oh, a gun. okay. i assume the second reason is respecting one's privacy. >> reason number two. ruger .380. kennedy: it's so portable. i'm surprised she didn't go for the one sift. another gun.

>> reason number five, smith and weson, .44 magnum. let's see if i can take this bad guy out. kennedy: i don't think you made his day. but i can see a bit of a pattern here. the last thing her purse is another gun, right? don't mess with them. topic number three. they say laughter is the key. in my opinion a good chuckle can poa says some sort of medicinal effect. take this bird. he has the cure for polio.

this guy resides in symbio wildlife park in australia. got on ya meat. ironic thing about busting into hysterics, the laughter itself is quite contagious and it's already starting to spread. [laughing] kennedy: he's not even australian. topic number 4. russell brand is the ape a hamlin con of ill informed white people but he's not all bad because he has a dog and that dog hates it when he sings.

[♪] snoatd taking a break from all our worries sure does help a lot ♪ ♪ would you like to get away ♪ sometimes you want to go where everybody knows your name ♪ kennedy: the dog is clearly a libertarian. he's clearly irritated. remember "cheers"? we can't show saw clip from the real "cheers" so we'll have to show you a low budget bootleg version from minnesota instead. >> hey, sammy, did you know being king of the winter carnival means devouring one? >> sammy boy, knowledge.

kennedy: topic number 5. meet polly the goat. she is blind as a bat and has neurological issues. the cruelty of someone putting a blinds mentally infirm goat in a shopping cart until it palingss out from embarrassment. she can't see how ridiculous she looks. but if you rub some spice on her shanks and throw her on a spit i'll bet she would be delicious and she would never see it coming. they could layer her like a goat-ducken. thank you for watching the show tonight. it has been wonderful to have you. i invite you to follow me on twitter and instagram.

and email me at kennedyfbn@foxbusiness.com. tomorrow ron paul and kmele foster. >> it stands in the way. >> it's just her house in the middle of the block. >> she won't sell out. >> the 84-year-old seen here turned down $1 million payout. >> he's caught in the middle. >> i promised her that i wouldn't let them take her away. >> that's a really big promise. >> what's "up" with that? >> people from all over the country and even around the world have stopped by this house. >> they put balloons on the house, and that's how it became the "up" house. >> it is amazing. i can't believe that she held out. [ door creaks ] [ wind howls ] [ thunder rumbles ] [ bird caws ] ♪