kennedy: president trump using an executive order to revive the keystone pipeline. should the president move away from executive orders if he want to restore government to the people? will donald trump and the cia chief mend the relationship between the president and the intelligence community? glenn greenwald is here to explain why he thinks the war isn't over. and a battle brewing in texas over school vouchers and whether to let parent use public money for private schools. grab a notebook.

the chasm widens. i'm not talking about one of madonnas inappropriate yoga poses. but the free trade issue in the republican party. free individual should be able to make predecisions without government encumbrance. typically free trade makes people wealthier. where competition flourishes, dollars flow, choices increase and lives are literally saved. who can argue with this logic? someone with a political cause. president trump won on that cause in keeping businesses within our borders is a winning issue. beating up on china is easy, satisfying and fun.

and then those who want to poke us in the face. the president rightly doesn't want that to happen, but he's misguide if he thinks limiting free trade and pulling out of the tpp and stocking his fond with nominees like the national trade council and trade barber peter navarro and anti-china strongman robert lightheiser. one of the president's first actions was to pull out of tpp. another early order was a hiring freeze on all federal jobs except those involving public safety and the military. he should send peter back to u.c. irvine so he can stroke his chin and stomp on fortune cookies in his ivory tower.

vice president mike pence has and long history of endorsing deals like tpp. >> indiana benefited directly under the north american free trade agreement. the free trade agreements have clearly benefited indiana and the entire united states. kennedy: so why has he turned on his own free heart to say things like this. >> trumper trade deals, pulling out of tpp, holding china accountable for currency manipulation on the energy front. so important in this great nation. kennedy: secretary of state rex tillerson. clearly understands the power and purpose of free trade. will the goodness in these men's hearts outshine the forces of

protectionism so we can all live and choose freely? one can only hope that the logical free thinkers in this administration prevail. honoring the individual and the right to trade freely is a good so great it might be the goodest of them all. you are good. glad you are here. i'm kennedy. president trump signing self more executive orders today. an order which we are told will make it easier to revive the controversial keystone pipeline. they also streamlined manufacturing regulations and cut down on red tape for environmental reviews and infrastructure projects. president trump said these would be priorities once's in office. but are executive orders the best way to govern?

let me ask judge andrew napolitano. one of the first regulations was that of the aca which you said was actually a revolutionary executive order. what about that was revolutionary? >> there are a number of things about it that are fascinating. but one or two things stand out. his firm determination stated in this order. soon obamacare will not be the law. thereof, if you are about to impose a setoff, a fine, a fee, a penalty or a tax which is wait imposed for the first time in 2017 on people who don't have health insurance, don't impose it. because by the time the irs gets around to collecting those taxes, they won't be able to do so. the prediction that something won't be the law and the instruction to the irs which likes to grab as much money as they can.

here is what was revolutionary. here is what i saw for the first time in 45 years of studying and watching the laws and the government administer them. i have never seen the government do this. if you are in an area where you have discretion, you can make choices on the time, place, manner and severity of the enforcement, and you have to choice between benefiting the individual and benefiting the government, go against the government. that's purely jeffersonian. that's unheard of in the history of the united states that the president of the united states would admit the government is wrong, they have a chance to collect money, we don't want your money, it would be wrong for to us take it. therefore i'm telling the bureaucrats to con strieft in favor of the individual and against the government.

kennedy: there were a lot of people who came out against president trump who said he was using executive orders too robustly and aggressively. >> when did he sign this? he signed it friday afternoon. four hours after he took an oath to preserve, protect and defend the constitution, a clause of which says he will faithfully enforce the laws. madison told us the word faithfully is in there to remind the president there are laws he hates. he still has to enforce them. he's choosing not to enforce a law he hates because he believes it will soon no longer be the law. that's radical, it's revolutionary and that's what he promised he would do. kennedy: james comey told agents at the f.b.i. that the president asked him to stay on and continue his term. how big a development is this? >> it's bad news for jim comey. many, many, many f.b.i. agents

are profoundly unhappy that he is remaining as the director of the f.b.i. >> did they assume he would resign and there would be a regime change? >> people i have spoken to presumed president trump would ask him to resign. his behavior during the hillary clinton investigation, announcing no indictment, then giving the reasons for no deem it based upon a hunch in anthony weiner's laptop. remaining silent during the loretta lynch-bill clinton meeting. that behavior is so contrary to the tradition of the f.b.i. and so rife with political corruption. this guy went from having the best reputation in law enforcement for being a straight short. telling the president of the

united states i am not going to do it because it's unconstitutional. kennedy: he appears to be compromise. the cia in turmoil. we'll see how it all shakes out. >> interesting way for him to start his term. kennedy: julie roginsky is here, republican strategist and author of gop gps, and freebie con writer. welcome, everyone. so let's talk about this. crook or wook? that's what democrats and republicans are fighting over as they grill dr. tom price on capitol hill. liberals say he's used his position to make shady stock deals. today it all came to a boil on what republicans plan to do to replace obamacare.

>> yes or no, understood the executive order will you commit that no one will be worse off? >> working with you and every single member of congress to insure we have the highest quality healthcare and every single american has access to affordable coverage. >> that's not what i asked. i asked will you commit that no one will be worse off under the executive order. you ducked the question. will you guarantee no one will lose coverage under the executive order? >> i guarantee you have the individuals who lost coverage under the affordable care act, we'll commit to make sure they don't lose coverage under whatever plan comes forward. kennedy: is tom price the man sport job? >> that question specifically i think republicans sort of think they have this tendency to want to overfroims on whatever is going to replace obamacare.

i think it's a mistake to say nobody is going to lose coverage. a lot of the republicans would say it's not the federal government's job to insure everyone is covered. the overriding goal should be reducing the cost of healthcare and making it accessible to people. focusing on the cost question is going to win over a much larger segment of the american people. just as you are forced to buy health insurance. if it's unaffordable you are not in a better position than beforehand. kennedy: people realize perhaps they don't have to comply with that individual mandate. let's talk about price and democrats going after some of these questionable stock deals. is that ultimately to keep them out after job so he can't disman many the aca? >> democrats know tom price is going to be confirmed as health

and human services secretary. they are trying to evoke character assassination, and they can say it's fainltsd because man himself is tainted. when you look at the stock trades on the surface it looks weird. but if you have examine what they were, it's perfectly fine it was a stock trade made by a more gan stanley broke for $2,900. i don't think tom price is going to go out and do that when he's worth $15 million by his own financial disclosures. kennedy: julie, what do you make of all this and how important are these questions about his stock portfolio to the future of healthcare. julie: people on both sides do this in the house. it doesn't mean they should.

tom price could have directed his morgan stanley director not to trade stocks in the healthcare sector. but it's not illegal. larger issue, one that you touched on, tom price will probably be confirmed most likely. then democrats will use the votes that the senator took and the house took, the snores took for his confirmation to tie whatever happens with the repeal of obama care and all the nefarious things that will take place. tie those senators running for reelection saying you see, they voted for this man, they put their finger on the button. kennedy: you think all democrats running for reelection, all senate democrats will vote against tom price. >> he's so anathema to things

democrats stand for. i can't say what our friend from west virginia will do. kennedy: the president has spoke glowingly of him in the past. i can't speak for what joe manchin is going to do. but short of joaf manchin, everybody will vote against him. kennedy: it's going to have a different name, but it's not going to have any different level of tension within the parties. that's exhausting for most people. we are sitting there going, i just want affordable insurance. maybe you guys don't even have a good alternative. >> i'm increasingly convinced reforming healthcare in a meansful and productive way is impossible. if a piecemeal approach had been taken in 2009 and 2010, it would have been easier to have more consensus measures.

and you wouldn't be in this situation where you would be repealing the whole thing whole steal which i think is very not just politically distracting but a disruptive process for many americans. so i think there really is no good outcome here. kennedy: that was part of the design. and that is how washington works and that's why people are frustrated. the party panel is returning later. white house press secretary sean spicer already battling the media. but he's also trading jabs with an ice cream maker. will mike pompeo ease tensions between the new president and the intel community or just stir the pot?

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don't stop taking brilinta without talking to your doctor since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. don't take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. tell your doctor about bleeding, new or unexpected shortness of breath, any planned surgery, and all medicines you take. talk to your doctor about brilinta. i'm doing all i can. that includes brilinta. if you can't afford your medication, astra zeneca may be able to help. i've spent my life planting a size-six, non-slip shoe into that door. on this side, i want my customers to relax and enjoy themselves. but these days it's phones before forks. they want wifi out here. but behind that door, i need a private connection for my business. wifi pro from comcast business. public wifi for your customers. private wifi for your business. strong and secure. good for a door. and a network. comcast business.

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intelligence community. long story short, he's all for it. but the battle between donald trump and the intelligence agents might be a more pressing issue for him at least for now because according to some reports, the intel community is ready to go toe to toe with the president should the standoff ever reach a boiling point. joining me is glenn greenwald. glenn recently wrote an article entitled the state goes to war with donald trump. is there any benefit to having this rift, this war between the intelligence community, particularly the cia, and the new president? >> i don't think there is any benefit any time you have an unelected faction of the government thinking they should be acting independently ored a ever airily to the person the

american public decided to elect as president. the cia and the unelected branches of government are already very powerful. in the long term even if there are short-term benefits. i think it's quite a menacing potential if they are going to view themselves as rogue or contrary to the person who is suppose to be commanding them. kennedy: you have written the cia was essentially openly cheering for hillary clinton to win. do you still believe that? >> one of the untold stories of the election was it was a proxy war within various agencies within the permanent unelected agents in the intelligence community. there were agents in the f.b.i. rooting for trump and you had cia officials and part of the

cia community clearly wanted clinton to win and have been acting against trump ever since he won. so you see these competing leaks, the efforts to subvert each candidate. and i think even now with trump in the white house you still see people in the intelligence community signaling to him they could harm him. >> what the hell kind of government is that? that's just weird. it's truly inacceptable. i want to talk about the incoming cia director. obviously there has been a personal issue between the outgoing director, john brennan and the brand-new president donald trump. so mike pompeo. how is he on the all-important issue of surveillance? >> he's pretty bad on that issue. it's not just democrats. you indicated who believe that. rand paul was the only republican to vote against him. and he has a long history,

caring a great deal about fourth amendment rights and individual privacy in the youth, and essentially cited that pompeo is at the far end of the spectrum when it comes to favoring domestic surveillance and being supportive of a lot of policies under the nsa that caused edward snowden to become a whistle blower. his association with people who are on the far end of being islamophobic. kennedy: rand paul made a name for himself in that filibuster against john brennan. now he's being consistent with a new director heading the cia. coming up, thousands of texans rallied in austin demanding more choice. but not the left wing kind. lone star parents demanding more school options for their children.

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kennedy: should education focus object children and families or bureaucrats in school districts. betsy devos caught flack for endorsing vouchers and charter schools.

now that battle is playing out in texas. last month texas governor greg abbott said he want to sign the most pro-choice law. john, this is an issue you are passionate about and you spent years dissecting the issue. ways going on in texas and what does it mean for parent across the country. john: the choice issue is here. republicans get. governor abbott gets it. why do they need a big demonstration in texas. you would think it republican legislature would say this is an idea that is long overdue. a lot of suburban republicans say don't monkey with my kid's school district.

kennedy: the teachers unions know no party bound and they are willing to mess with the opposition and do whatever they can to keep their power. john: yes, and they are vicious and horrible and i want to kill them because they have done horrible thing to kids. kennedy: slow down, madonna. >> some of them i have conversations with. but it's not just the unions. there are many state where there is no serious teachers union it's just the blob. the ptas, the local school board. they don't want change. the idea of market competition, after i did the "stupid in america" show i got emails saying competition isn't for children. kennedy: they see the children as being mindless and helpless and they have to act on their behalf. but it is fueled from what i

have seen on your show, the unschooling movement which is something fascinating for a lot of parent to consider helping their children unlearn some of the bad habit they picked up in public and private school. john: home schooling i get. the home schoolers outperform the private school kid and the government-run school kids. but the unschooling is saying kids should learn on their own and do their own thing. i thought this can't work. but it's working for a lot of parent and kids. kennedy: it's fascinating when you put kid in charge and ask them what they want to study. >> i would have studied nothing, i would have played video games. kennedy: eventually you find your way. i always try to sit down with my girls and ask them what they like about school and even courage them to focus on that.

john: the unschoolers are doing us a service by showing other things can work. but nothing work as well as a competitive market. it's less than 10% that even have charters. once that gets a 20, we'll see wonderful new ideas blossom. kennedy: parents and some teachers demand school choice because they know ultimately it's better for student to have a proliferation of choices. john: good teachers will make more money. kennedy: competition. if you are a good teacher and confident in your skills. john: good teachers should get $200,000. kennedy: coming up, the party panel returns to discuss an epic battle raging between the trump administration and corporate america. i refer to the feud between

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the company. first attacked by spicer in 2010 when he tweeted dipindots is not the ice cream of the future. he retweeted in 2012. i think i said this before. he continued his fight for ice cream justice all the way through 2015. yesterday the ceo decided it's time to bury the frozen hatchet and sent a letter to spicer suggesting they connect the dots and offered to sponsor an ice cream social for the white house. and when spicer will finally reveal what the ice cream of the future really is. julie, where do you think this feud started?

sean spicer obviously knows the future and he has to be somewhat familiar with dipindots to maybe such a statement. kennedy: those are east coast treats. >> my observation is this. he has been more consistent on his war on dippindots than his war on hillary clinton. sean spicer, some reporter has to ask, what is the origination of the hatred, this multi-year war that lasted longer than world war ii, at least on the american side. kennedy: there are a lot of people who love dipin dots. and those are quite satisfying. is spicer wrong?

>> spicer is not on wrong. he's insulting to the entire ice cream community. he has to apologize publicly for his stance. my only problem is the ceo has not come up to a plan to make it available to the people widespread. i can't get them in new york city unless i go to a yankee game. kennedy: you go to the theme park-like facilities in order to have some casual dippindots. >> i'm proudly on the wrong side of history, i say long live original cream ice cream. dinnindots are terrible. they are a cup full of freezer burn. >> i agree. kennedy: if they are gluten-free

you can count me in on your war. if the place to run for safety is silicon safety. apparently many people who live there have been building underground bunkers and stockpiling weapons. apparently they are afraid the people will revolt once computers and robots take all of our jobs and we are forced to scrounge for morsels of rat meat. at first i thought maybe the silicon valley billionaires are just scared of a trump administration and they think chaos and lawlessness are the next phase. they are worried about robots. do they have something here? >> i want to see the alex jones' can-like doomsday preparer ads.

this is the only locally sourced quinoa that i have in my bunker. kennedy: people are moving to new zealand. they are look at old icbnsilos because they are insulated and the fashion zombies won't be able to get to the cream puffs? >> this is a shot in the arm for the dooms day economy. when the apocalypse comes we'll see them marking their facebook status to say joe smith is safe in the zombie apocalypse. >> they are creating the zombies, so they know something we don't know. so we should all follow suit. this is a weirdo sitting there in his bunker waiting for arm geton. we are -- waiting for armageddon.

it's coming, it's imminent. kennedy: you guys, thank you so much. coming up, i'll talk to ryan hurst. he has a new series, "outsiders." "outsiders." it's set in kentucky and you i just want to find a used car without getting ripped off. "outsiders." it's set in kentucky and you start at the new carfax.com show me used trucks with one owner. pretty cool. [laughs] ah... ahem... show me the carfax. start your used car search at the all-new carfax.com.

>> we are all friends here. >> i ain't your friend, boy. >> this is about the law. kennedy: that was a clip from the new season of "outsiders" which explores an epic battle for control and power in the hills of appalachia. i sat down with the star of the show. ryan hurst. you might recognize him from "sons of anarchy." we touched on everything from the show to politics and where the two topics could meet. this is set in kentucky which is the part of the world where

there is a lot of political discourse going on right now about the fate of the country it's interesting because some of the story lines you have in the show about the environment and big business and living off the grid, those things were written before the election. are you surprised how the election has turned out? >> well, sure. i think like a lot of people, i'm surprised by how the election turned out. but the best part about making this show is that i feel like wgn has sort of decide to tackle some really american issues like all of their material whether it's underground or salem or manhattan. shining a light to the darker more intriguing parts of america. with our show, the part that i love the best is that we get to sort of comment or tackle, you

know, blue collar america, and how it relates to corporate america. kennedy: a big part of country that feels it has been ignored. >> but we get to do it the way people want to see it. kennedy: you guys actually shoot in kentucky? >> no, in pittsburgh. kennedy: that's interesting. another swing state that was part of the rust belt that's also seen its shaffer interesting political turmoil. >> and the set is right behind a nice little jewish day camp. kennedy: wonderful, you can babysit the children in your spare time. you have been instrumental in "outsiders" and "sons of anarchy" designing some of the tattoos.

>> no, it is an art form i take a lot of interest in. kennedy: i know you talk about tattoos and how the shaman feels there are tattoos inside of you. do you have agree with that philosophy. >> it's a foundational part of their culture. i always thought that's beautiful. yeah, i like this right here. kennedy: if i were to get another tattoo what should i get? >> i can't see your whole body, i don't know, something on your back. kennedy: i have nothing on my back except for a stray mole. i'm hoping a doctor in pennsylvania can fix hopefully. i would be curious to see where

your design goes. i know you are a level two yoga instructor. the breath of fire. >> you have did your homework. i am just taking level two now. kennedy: how has the minds mindfulness translated to acting success. >> i don't know if it's and correlation but it keeps me grounds. kennedy: is that all the exercise anyone needs? >> yeah, to a certain degree. it keeps you zee stressed and keeps the sort of, you know, stress hormones and the adrenals working good and keeps you -- kennedy: i need something to cover my agreenals. continued success with the show. really interesting story lines. i think people will find a lot in themselves. you talk about darker corn. i think this is a part of the

united states thats' mississippi understood. thats -- that's misunderstood. coming up, a television error causes a creepy dead girl to climb out of the screen and this is the silverado special edition. this is one gorgeous truck. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. nice. strength and style. which one's your favorite? (laughter) come home with me! trade up to the silverado all star edition and get an average total value of eight thousand one hundred fifty dollars when you find your tag. find new roads at your local chevy dealer.

c'mohappy birthday! i survived a heart attack. i'm doing all i can to keep from having another one.

and i'm taking brilinta. for people who've been hospitalized for a heart attack. i take brilinta with a baby aspirin. no more than one hundred milligrams as it affects how well it works. brilinta helps keep my platelets from sticking together and forming a clot. brilinta reduced the chance of another heart attack. or dying from one. it worked better than plavix. don't stop taking brilinta without talking to your doctor since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. don't take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. tell your doctor about bleeding, new or unexpected shortness of breath, any planned surgery, and all medicines you take. talk to your doctor about brilinta. i'm doing all i can. that includes brilinta. if you can't afford your medication, astra zeneca may be able to help.

kennedy: come to me and i'll make sense of the world with this. this is the "topical storm." i love corn. that plm rhymes. topic number one. a few years ago america wet its collective pants when an epic horror film came out. that's movie was "gilly. " but before that came out "the ring delightenned people all over the land. now pranksters brought it to life. watch. >> oh, my god. oh, my god!

kennedy: she got herself all devil pregnant. i don't blame them for being scared. the real movie was so scary. do you remember? >> the tv is leak. the rest of the film is about basic home maintenance and what you should do to avoid water damage. the scariest thing in america is a burst pipe brought upon by a cold front. topic number two. sam snow just loves football. more importantly he loves john he willway. an had no idea the he:queen super bowl hall. fame quarterback was riding in the back of his cab. luckily he said all the right things. watch this.

>> number one was he willway. but why was he number one in your minds? >> he's a great warderback. >> would you know he willway in you saw him in if you ran into him would you know who he was. turn around. how you doing, man. >> come on, man, are you serious? come on, man. kennedy: if he had on answered that one question about whether he would have been with john elway he could have made it to the end zone with john. sad. topic number three. on inauguration day president trump promised us and the world from this moment forward it's going to be mayor today first. well, the netherlands asking, since you are ranking everybody, can the dutch be second on the podium? from dikes to pony parks, here

is why holland wants to be our number two. >> we speak dutch. it's the best language in europe. we have all the best words. all the other languages failed. danish, total disaster. german, it's not even a real language it's fake it's a fake language. we have phoney -- pony park, the best in the world. it's true. they are the best ponies. you can ride them, you can date them, you can grab them by the pony. kennedy: i love their enthusiasm. i haven't seen so much unbridled joy since a dutchman asked this bold question. >> i am from holland. it is a devil language, but they have great waffles.

screw the germans. so they are number 2. sometimes i like to gamble on sports. i admit it. but this time i have got a shoo-in. i am putting a thousand bucks on a promising skier i met in broken ring. i think he will win the next olympic gold medal. let's see how he's doing. yeah well. i will have to loan him a thousand bucks to get his jaw wired. it's very bad. topic number 5.

sibling rivalries are a same of society. sometimes blood is spilled. bones are broken and sometimes you just need to exchange a few harsh words. >> yeah! give it back. >> gift to him. >> i can't. can i just wear one [bleep] >> yeah. go for it jack. here is. >> the thing. with your mom and a crowbar. your mom, too. why not. thanks so much for watching the show tonight. email kennedyfbn@foxbusiness.com. tomorrow the show is fantastic already.

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