don't up presume. maybe next week. that's it for us tonight. and we thank you for being with us. ed rollins and steve moore are among our guests tonight. good night from new york. ken report new congress has been sworn in and one of its first orders of business is repealing obamacare. president-elect trump will soon name his pick for the supreme court vacancy. judge napolitano said that maybe his easiest opening to fill. resolutions are almost impossible to keep. it's time to kick off the new year. ready? 3, 2, 1! what's that strange odor wafting out of washington? that's that new car smell.

with the new president riding into town and a brand-new year. there is a lot that's about to change. like the election, no one really knows how it will shake out. president-elect trump's first 100 days has to be impressive, impactful and unparalleled. he has to repeal obamacare, roll back every stifling epa regulation, single handedly build a beautiful wall from san diego to. >sao paulo. if it's not all accomplished in a couple months, that fresh scent will turn sour as brain hungry democrats and a scorned press will seek revenge. they bert have a good answer for this question. what the hell do you do with obamacare.

senator rand paul wants to scrap the whole thing. but there is not a majority consensus on what to do next. then you have the russia question. democrats led by the current president are suffering from debilitating phobia, but the bear hunt is so politically motivated they will force a path for putin and we may never get to the bottom of the hack. russia thinks of the u.s. like this. >> could i trouble you for a glass of warm mill can? it helps put me asleep. kennedy: but the president-elect is hell bent on having them see us like this. the one good thing that comes from all of this, at least from those with an anti-authority streak is the promise of unorthodoxy.

it will be if nothing else, wildly entertaining to see this guy get a little crazy. i'm kennedy. the 115th congress was sworn in today with paul ryan winning reelection as house speaker. republicans keeping control of both houses on capitol hill. and in just over two weeks they will be joined by a republic dmant white house. when they do, they will get down to business, dismantling president obama's initiatives. is there anything in the coming changes that libertarians can look forward to? let me ask the features editor at "reason" magazine. let's talk about your specialty. you happen to be a world class expert on obamacare.

it seems there are many in this republican congress who are very thirsty to repeal the whole thing and throw it out the window. is that possible? >> i think it will be harder than a lot of republicans have expected and have sort of talked about. they will find out campaign promises like new year's resolutions are hard to keep. the process by which republicans will have to do the repeal will be this complicated process using reconciliation which allows you to fast track a budget-related bill with just a majority vote rather than 60-vote threshold. but all the provisions have to be related directly to the budget. some of the regulations in obamacare, there is an argument they are. that you could perhaps get them through. there is also the politics of this. we have seen already that donald

trump is not really willing or is quite attuned to the optics of congressional decision making. we saw that today with his tweet about changes that republicans wanted to make to the congressional ethics conference. republicans backed down continue assistantly. forget whether they were good or bad changes. they looked bad. so trump exercised the presidential influence from his twitter feed. i think that's the dynamic we'll see an awful lot especially here at first between the congressional -- between congress and republicans in congress and donald trump. and, you know, then you have got the executive branch agencies. we'll see interesting stuff going on there as well. kennedy: where do you start? you talk about how dodd-frank is hard to repeal. obviously complexity was part of obamacare and the architecture

and the passage rested on knowing it would be dismantled. what can the president-elect do as soon as he takes office to make an impact? >> nothing will be super easy. but there are two treks going on here. one is what's going on in congress. that will be a negotiation between the republicans in congress what they are willing to do, and that includes the senate and the house. then you have this other track which is the administration and the executive branch. that's stuff like the epa. you go to the epa. it looks like scott prove it has been -- scott pru pruitt has ben picked to head the epa.

kennedy: betsy devoss hates teachers unions, she stlostles school choice. rick perry heading the department of energy, the department that should be abolished. they will be confirmed and they will be running agencies they have despise. >> but what you will finds is these agencies are big beasts of and hard to control. it will be somewhat difficult for them snap their fingers and get stuff through. what republicans should be looking for is what sort of processes can they use? they need to understand the processes internal to the agencies and the legislative processes. and that's something republicans as an opposition party have ignored the last 8 years and they will have to start thinking about this stuff seriously. kennedy: thank you so much.

senate democrats plan on making things difficult for donald trump, especially when it comes to approving his cabinet noms. let me ask this no longer hung over party panel. kristen helping lund. -- kristen haglund. welcome back. let's talk about some of these nominations. >> it's possible. they are talking about filibustering during committee. members can just keep questioning these guys. democrats are asking for financial disclose ours. they are trying to draw out the corruption, joinism angle to the all this. kennedy: can they do that in a normal amount of time?

>> they want one hearing, one person having hearings per week which focuses on that one person. with the congressional ethics stuff that happened today, donald trump skirting inchism rules, it seems like the line democrats would take. trump was pretty brazen saying i'm dem crating to democrats and republicans because you have to pave these people off. whether americans care about this insider pave to play stuff. kennedy: i don't think they care about that. but they don't want to wait forever to see who these cabinet posts are going to go to 20 senate democrats will be running in 2018. >> my guess is we'll average 3 to 4 to 5 pun precedents per month.

it's troubling to me that rex tillerson won't release his tax returns more than the last three years. kennedy: you don't get a lot from tax returns. >> twrum promised to drain the swamp. if you are going to drain the swamp you have to expose the critters to the light of day. some of these people i have no problems. i would like to see jeff sessions hearing' d to death. but i think eventually all of these people will be confirmed. >> it's interesting to me why the democrats are doing this. if you look back at how republicans were looked at the last fate years they had record loaf congressional approval ratings. they put up a fight against president obama.

whether we think that was a good fight or legitimate. it didn't look good for the public. you have huge majorities in the house and senate. they have to to start cleaning up their own mess before they start pointing the fingers at republicans. kennedy: they haven't completed their post mortem. nancy pelosi is still the minority leader. they didn't win the house. >> you have see that with chuck schumer today on the floor of the senate. the same lines over and over again. kennedy: president obama thinks russia meddled in our presidential elections. so he expelled 35 russian diplomats and their families. vladimir putin decided not to retaliate because the friendlier trump is taking office in three weeks.

putin called trump very smart and trump called putin very talented. could russia become our ally? i think every president try to the do it. i don't think it's unique to donald trump. everyone tried to do the exact same thing. george w. bush, president obama in the recess. >> this will be an interesting test how much republicans will be willing to brake with trump. there is no question trump wants to be friends with russia and he kraistles putin's respect. are there enough russian hawks on the republican side who will put their feet down and say i'm not going to let you do this. mattison record, he called russia possibly the biggest threat in the world saying putin is possibly delusional and seeks security through instability. this is a guy who will be your secretary of defense.

will twrum listen to him or just go his own way? >> i think a good analogy would be to say russia would be to trump as iran is to obama. someone we are trying to align our interests in the region around. but it becomes a partisan issue, democrats. these are -- this is like reagan-era republicans. >> it's a very retro feel to this anti-russianism. which i don't think you should trust putin. i don't think he's a good person. i think they have done some heinous things in georgia and ukraine, and chechnya and syria. this is the most recent atrocity. the fact people can turn a blind eye to this playing domestic politics is unsettling. >> if trump sees a strategic interest, i think that's serious problem.

but i think you can draw direct parallel to the what we are doing with tehran. >> there is a way to play good cop, bad cop. he wants to be liked, he wants to be admired. so he can say gop in the house is taking this stronger line. i don't think there is anything strategic going on from donald trump's point of view other than to say i'm going to have my viewpoint. and we'll reassess this relationship in reality. he's not even president yet. so things are going to change once hard realities set in. >> we'll see if there are hearings whether putin was behind the hack. >> that's one of those things, if it's that serious and order sanctions you have to wait for the fine and you have to really figure it out. the party panel is returning later thank goodness.

wikileaks founder julian assange explains why he thinks the obama administration can't get over the hacked emails. i'm going to ask judge andrew napolitano. he's coming up next here. your insuranceompany

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kennedy: one of donald trump's first priorities when he takes office later this month is to fill the supreme court vacancy of the late justice scalia. here to break it down is judge andrew napolitano. welcome back, judge. glad to have you back. what kind of a jiewrist do you think will replace justice scalia who is irreplaceable. it will be someone in that conservative religious vein? >> a conservative in judicious circumstances wants to maintain

and doesn't want judges to write new laws. an originalist is willing to rock the vote and change things. an originalist believes the meaning of the constitution was established and fixed at the time it was ratified, that it doesn't change with the blowing of the political winds. kennedy: which way will the political wind blow for the first nominee? he wants an originalist like justice scalia. justice ginsburg, she whose name should not be mentioned in the presence of the president-elect believes the constitution is a living document and it expands and breathe and changes with the politics of the time. justice scalia believed opposite.

its meaning was fixed in stone at the time it was ratified and at the time of each of the amendments and the courts are no more authorized to change its meaning than the states are other than by constitutional amendment. kennedy: the next time around, it seems natural you would replace justice scalia who works in the same philosophical vein. what about when a justice kennedy or ginsburg decide to retire from the high court. >> justice ginsburg is 83, justice kennedy is 80. justice kennedy is not an originalist, he is a con republican traditionalist roman catholic. justice ginsburg is the opposite of an originalist.

replacing justice ginsburg will cause a monumental battle. you will be going from pro abortion, anti-gun, congress can legislate anything it wants from pro-life to pro gun. congress has to stay within the confines of the constitution. for justice kennedy it will be a little bit more subtle. but there will be a great battle to replace justice kennedy because donald trump will i think choose a person to replace justice kennedy more the justice scalia mode. kennedy and scalia like this all the time, both republican conservative roman catholic. but the originalist idea that court can't change the constitution. kennedy: perhaps that's why justice kennedy has so often been the swing vote.

>> i do think that president-elect trump wants someone more predictable and reliable on the small government, the constitution is the of the supreme law of the land side than he has seen in justice kennedy. very good to see you again. finland is giving away money for free. but some libertarians say it's not such a bad thing. are ya doll? well, the only place you need go... london's got the best of everything. cornwall's got the best of everything. sport sport nightlife nightlife (both) fashion adventure i'm tellin' ya, britain is the only place you really need go. expedia.

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kennedy: finland's government rolled out an experiment where 2,000 finnish citizens will receive about $500 a month deposited directly into their bank accounts. some libertarians are getting behind universal basic income saying it might slash away the wasteful bureaucracy of our welfare system which is comprised of 126 different programs, allowing people to make their own decisions about what they spend their money on and take away the incentive not to work. happy new year, jonathon.

you have a few libertarian friends who are wild about envelope basic income. hilton freedman, thomas payne. they were all fans of the premise you eliminate the entitlement state but you do give some people basic income. >> they are wrong. this is socialism. guaranteed income is socialism. it's taking people's money they earned by force and giving it to people who have not. it says you have a right other people's proved their labor. it's immoral and destructive never it's ever been tried. most recently as europe. kennedy: they tried something similar in switserland. we'll see how this goes in finland. they are trying it with 2,000 people for four years. >> it's already been tried.

kennedy: you don't have anyone who will tackle entitlement reform. if you have all these various programs whether it's snap or medicaid, it ends up being such bureaucrat is wasteful programs. >> libertarians are creating a new entitlement so they are legitimizing the idea of the entitlement state. >> it's called a negative tax and it does not take await incentive to the work. >> nor does it take away the income tax. >> i love it, jonathon hoenig. >> you don't even have to look at the pilot program. france thanked a universal basic income since 1998. the unemployment rate is below 8%. kennedy: you don't just add to

it, you scrap the whole thing and end up with a much smaller breweriate i and pay a much, much lower number to people. you saw one of our biggest issues. >> and you basically legitimize the anti-work, the lazy entitlement mentality. >> not with a negative tax program you don't. >> when you have say to somebody, we'll give you $2,000 a year, you don't have to work. just do your best. you don't think that's a disincentive it's welfare by just another name. kennedy: i think it's especially intriguing given the number of families. >> can i have $2,000? kennedy: is that all you want? >> paypal me. kennedy: with donald trump head

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kennedy: in an exclusive interview with fox's sean

hannity, he was asking wikileaks julian assange about the source of his leaks in the heart of the election season. >> can you tell people you did not get it from russia or the source was not russia? >> the outsource is not russian government, and it is not a state party. kennedy: that's part one of sean's interview with jewel yawn assange and it airs with hannity on the fox news channel. what do you think of awe assange's comment that you should not believe the hype? >> i don't trust a word he says. i try to judge the content on its merits.

i thought there was enough corroboration and they would have denied it immediately if any of it had been fake. but julian assange is explicitly anti-american in his views. he stated his goal is to render the u.s. government completely inoperable by make internal communication impossible. i think this motives, especially people on the right should be at the very least wary and don't believe word he says. kennedy: he has oppotion research on the other side. >> the person is not going to say hi, i'm from the russian government. he wouldn't even have any idea. kennedy: i don't take the president at face value when he

says all the security agencies say it's russian hack. i think our cyber security sucks especially at the federal level and everyone wants to get into it. >> until we see evidence, by we i mean the american people, of what exactly russia did. kennedy: what did they do? let's say hillary clinton's email investigation never happened. would the john podesta emails be enough to sink her? do you think people can reasonably separate the two and the kont content? >> i don't think there was anything in the podesta emails that the american people cared about. that wasn't even close to being -- i don't even think it

was a medium-sized factor in the election. i don't believe a word assange says absent evidence. he could be telling the truth in the sense the person who gave to it him could be related to russia. kennedy: we don't know enough about the relationship between hearing and the russian government. >> there are so many organizations. remember guccifer *? there is so much you don't know. politics nation strange bed fellows. some members of the trump administration are willing to look at julian assange as a go con of light and truth. when before he was endangering american lives because he was releasing the names of special opposite *. you havd special -- the names of special-ops.

we have to make sure this isn't politicized. kennedy: speaking to foreigners no one heard from in a long time. arnold schwarzenegger made this debut in the new season of the apprentice. to hear what arnold's new catch phrase would be. >> carney, you are terminated. kennedy: are we foregetting about the brilliant dialogue from "jingle all the way"? >> i watched the bachelor last night, not the "lebrity apprentice." >> he has to be a big ratings success for arnold

schwarzenegger. abc, nbc, bachelor performed 25% better even when donald trump was the host. kennedy: andrew levy what do you make of that? >> i don't make anything of it. i was watching football last night. kennedy: i think -- we would all -- carney wilson. >> i'm hoping he can fit in some other classics. it's not a tumor. you mentioned "judge all the way." >> "kindergarten cop." kennedy: thank you so much. first show of the new year. coming up, everyone is making new year's resolutions. but how many of them will last

until february or even next week. why it's so hard to follow through with your new year's goals. trd hard to quit smoking. but when we brought our daughter home, that was it. now i have nicoderm cq. the nicoderm cq patch with unique extended release technology helps prevent your urge to smoke all day. it's the best thing that ever happened to me. every great why needs a great how.

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kennedy: it's january 3.

have you broken your new year's resolutions yet? you can blame science. doctors and psychologists say there may be physical factors why you haven't quit smoke or gone the bert at taking out the trash. the host of "the doctor." a board certified emergency medicine physician. he's the author of the loser belly fat diet. 70% of the neurons in your body are located in our intestines. >> it's shocking. a lot of people think what i eat doesn't have anything to do with mental well-being. by the many a huge thing.

it's also why a lot of people who say whenever i'm anxious or nervous, i always feel tonight my gut. there is a reason for that. >> it's so much more important to have a great and healthy diet. i want to talk about new years resolutions. i feel like people set themselves up for failure. it's not to say everybody should be blue tons. but making a list of things you should stop doing and feel guilty is nonsense. if you want to set a resolution go for it. unfortunately sometimes people set unrealistic expectations. and they are too general. and unfortunately a lot of the new data. you read this, too. people will set a resolution that they associate with something negative, like i'm going to eat healthier. so --

kennedy: eating healthy for most people if you don't know a lot about nutrition means eating kale and broccoli. >> if you do it the wrong way. if you flip the script and say i'm going to eat healthy and i'm excited about it because i'm eating great food, you flip the script in your mind, you will be successful. if you have a positive attitude about your resolution you are more likely to stick to it. instead of saying i'm going to eat healthier in the new year, starting tuesday at work i'm going to bring something healthy for lunch. it's more of that first step to action rather than in the new year i'm going to start working out. kennedy: five minute on a credit mill. play basketball for five minutes. see how that feels, find something you love and do something like that. >> the biggest thing i would

say, if you are not enjoying ur resolution towards better heth which is one of the biggest relutions, y are probably not doing it right. whether it's being active or eating healthy, you have to find a way to enjoy it. kennedy: i don't eat gluten because i have celiac and i don't eat dairy. but that's why i like your book because it's very positive. what are three things people need in their fringe? >> the title is "loss your belly diet." so many of us want to lose the gut and lose the below the. we learn about hour gut bacteria. you know a lot about it. if gluten being a big part of your life. the biggest thing i would tell people is eat a prov d eat a pro

reprobiotic food every day. so if you eat one of those probiotic food every day, eat more of what i call pre-biotics. these are food that feed your gut. instead of drinking fruit juice, if you are looking to lose weight. kennedy: bourbon. >> you are terrible. >> i'm paleo, i didn't make it up. >> it's not going to wor i'm sorry, won't work. kennedy: it does around 9:00 p.m. every night. >> if you eat raspberries and raspberries, there are 8 grams of fiber per cup.

>> i have kale. if you add it with blueberries and mint, and presence squeezed orange juice, the lose your belly diet, thanks for coming back. next time you come be you should bring a cadaver. >> and we'll bring bourbon. kennedy: and we can say to life. coming up. find out if your town has been hit and what you can do to protect yourself next.

kennedy: you may have a bruised liver and thousands in credit card debt if you did it right. but smile through the tears. we have this and this. topic number one. butterflieare the ge of nature. gentle creatures handpainted by fairies who bring up good luck and a glimpse of heaven. this video will warp your heart and soul. enjoy. >> get him off! get him off! get him off!

kennedy: he said ouch. what's the butterfly doing?e shm like he's being strangled by a king cobra. i screamed that a bunch on my honeymoon. topic number two. in space no one can hear you scream. for this group of astronauts from the european space agency, no one can see them move. what are they doing up there, dave? the crew decided to take on the mannequin challenge just like everyone else on earth. the challenge part was undoubtedly being able to stay

motionless without our old polygraphity. they aren't breaking new ground. let's not forget the very first intergalactic mannequin challenge. a wonnite. topic number 3. the news is so glum. can't x enjoy a new baby animal introducing itself to a new element? here is a baby rhino in iowa enjoying himself for the first time. he's just rolling around -- i didn't know rhinos had belly buttons.

this is so cute. he love to run. he's like a puppy with tough skin. almost impossible to bite through. i remember when i enjoyed snow for the first time. but it wasn't frozen. we snorted it out of our rhino horns. we called them nose boners it was the 90s. the 1890s. it was legal then. topic number 4. no one but anthony weiner likes being caught with his pants down and nobody but anthony weiner likes having that captured on camera which is why this japanese model is probably dying a little on the inside. model life is so luxurious. they don't even need to pull

their own pants up. you can see all the dignity disappearing from the man trying to fix the fashion that if you. you are in the central part of this operation. here they go again. look what happens he a model tries to take pant matters into his own hands. oh, david bowie too soon. topic number five. the birds, the eagles, the bat that ozzy osborn behead with his mouth. some of the animal kingdoms creatures have long been a staple of rock 'n roll. we now introduce you to the snrok stars. -- to the flock stars.

[♪] rock out with your flockout. this group hails from germantown maryland. they are starting to take over the internet. but not just any old ching can walk into a studio and start laying sick tracks and eggs. the birds who didn't make it still found a way to follow their passion for music. >> i didn't see you there. it's chickens. they are drum sticks. thank you for watching the show tonight. you can follow me on kennedynation. email kennedyfbn@foxbusiness.com.

tomorrow night on the show, chris stirewalt, matt welch and hopefully you. come be part of the best hour on television. if you can't do that, watch my show.iggest t blah i've ever seen, and they're beautiful. >> the redwood forest has been on the planet since the dinosaurs. >> then the ax men cometh. one makes a redwood his ultimate log cabin... >> what? >> ...a log-rolling attraction. it's her strange inheritance. >> i was the only child, so i knew i was always gonna get the log. >> but the road takes its toll. >> it's hard to be the log lady and have a life and be the truck driver and the repair person and do it all. >> she's got a big decision to make. >> she sure does, jamie. she sure does. >> and what happens when it's time for the log to be inherited