-- that's it for us tonight. thanks for being with us tonight. good night from new york. kennedy: accusations of wiretapping pitting president trump against former president obama. rick stirewalt is in the house. the white house issuing a new executive order on the travel ban. will this succeed where the first failed? mob rule on campus as another controversial conservative speaker is silenced. liberal northeast college, is free speech dead yet? grab a megaphone. wires tapped or wires crossed. the controversy continues as the

intelligence community goes on the defensive on claims president obama order a wiretap of the president. under the guise of something our as it russian intelligence foe russia. >> there was no such wiretap activity mounted against the president-elect at the time or as a candidate or against his campaign. kennedy: clapper lies all the time. i don't trust a thing that comes out of his mouth. if the president is conflating facts, he needs to work it out before his morning cathartic morning therapy. number two.

he's at his best when he's vague and dell gieght his selective experts. he's at his worst when he resume naits on a half cocked conspiracy theory. if it's all just a distraction and it might be. it gives the democrats a two-prong hot fork to brand the president's buttocks. i'll let chuck schumer explain that. >> it's beneath the dignity of the presidency. that means that a federal judge independently elected as found probable cause that president or people on his staff have had probable cause to have broken the law or interacted with a foreign agent. kennedy: schumer is saying the president is garbage for making a claim begins state obama. 367. it puts the republicans in a

tricky position. for some republicans the president is like a nutty rich nana and you have to indulge her to stay in her will. they straddle the chasm of insanity. >> obviously i have november -- i'm not sure whether what he's talking about. perhaps the president has information that is not yet available to us or the public. if it's true we'll find out quickly and if it isn't he will have to explain what he meant by it. kennedy: the point is, wiretapping, not the tomorrow way the government can spy on its citizens and the bulk clisks phone data and email can be troubling from anyone at any party. the intelligence industrial complex spies on people every single day without warrants.

and the president is so abriefed by the invasive potential he should come out against mass spying to protect mass spying from that brands of constitutional intrusion. but will he? i'm kennedy. did president obama go nixon on donald trump or is presidential theater getting more intense. let me ask "digital politics" edstore chris stirewalt. what do you think really happened here? >> how would i know? you know to would know? donald trump. he could know because he's the president. the president can declassify anything wants to declassify. if he wants to know what a fisa

court or secret wiretapping court heard from the obama administration, he can release that and make that public. i tends to think this is an angry president who was frustrated for watching his week turn sour after a successful if address to a joint session of congress. and i think this calls an expression of frustration and a desire to distract. kennedy: i also think it's very funny that the democrats are feigning outrage wch it was their saintly president who creased the ability and power to spy on more americans in more ways and share that information with 16 different intelligence agencies. there were obviously so many ways of gathering that information, including the information that brought down michael flynn. they need to tomorrow acting

like these are base bes d basels claims. we are meantive ways of gathering information, and i think that in a sense is a mistake for the president. >> he want it on that way. bhawls that expound more sinister. they are listening to tour conversations as opposed to getting the date. there is the ongoing conversations into the investigation. that's what's been said, would i be surprised to find out there was surveillance going on? no. based on what's been reported. would it be the scandal of the generation or multiple generations if a sitting president himself ordered the phones to be tapped? it's not that he would order it, but agencies carried that out. that would be one of the worst, most heinous things anyone could imagine.

i don't think trump realized the consequence of what he was saying. i don't think realized he could have the answer to the question he was raising and it distracted from the stuff about jeff sessions. it distracted from things the administration wants to talk about like the rescinds and revised refugee ban and also the obamacare. >> i think it may be a distraction from obamacare because have you cans aren't completely sold in both houses on what and potential reef place or repeal would be. so maybe it's a way to keep that's out of the head lines until republicans can get their ducks in a row. if you are asking for more light on the russia problem, it sounds like they are supremely confident there is nothing war think an investigation.

>> the third stirewalt environment if if rul -- tire. i give him the benefit of the doubt and say he was having a bad morning and swawls upset and said something that caused a lot of the trouble for him and his administration and moving on. kennedy: we are very thankful that you have the that scalpel in the o.r. now to my party panel. author of good government con wild," jimmy failla making his monday night splash, and charles cook, editorring of -- new york

democratic senator chuck human were said president trump is lie being the wiretaps, it's pretty bad. an said if there is a wiretap it's worse because it means the feds us snrectd was wrongdoing within trump tower and the tmp campaign. but this is shedding light on how the government spies on people. has the government gone too far? chris step, you have been a philosophical libertarian for some years. are we talking about the wrong kinds of government spying? >> there is evidence the obama administration used if these tactics to spy on trump. the obama administration ordered a report from the courts. kennedy: secret courts that will

never seat light of day. >> at trump tower that was apparently related to ties to russian banks. nosed was found, but the wiretapping kept occurring. in january right before obama left office he lightened regulations that allow information to be spread through various departments. kennedy: it's interesting because they say -- we are going to share the raw date a with you but we are the only ones who can make anything of it. that's like me showing 16 goes i have on my phone but only two of you can get turned on. >> this is where the complexity of the system hurts and helps trump. he probably say the on tv or rated on drudge report. he says obama has been tapping my phones. kennedy: he's the president of the united states. he doesn't to read "breitbart."

he can go to the primary source. >> i don't think he knows that. he makes the claim and it's difficult for anyone to get to the bottom it. there is a difference between general surveillance and wiretapping. charles schumer was being cute there. but nobody is going to find this out. especially in our news environment. they won't make those distinctions. so trump is going to exist in this twilight zone where he's right for the people who want him to be people who want him to be wrong fan nobody will know if he's correct tore not. kennedy: there certainly is enough outrage to go around. >> that's the one thing, all the his tear is about the idea obama might wiretap somebody. he wiretapped everyone.

this like to weird al in the ase 80s. we have been hearing about russia every day for two months. what do we really know besides we have seen pictures on twitter? >> the requests for submitted for improper banking. so the question why did they submit this request to the fisa court? tight was originally turned down? june, then went back in october with a much more narrow request it's unclear what effect the president's latest move will have on his approval ratings. but just when the administration has a good day, they seem to follow it up with a few bad ones.

the president got a 5-point bump after his address to a joint session of congress. will his weekend distract? >> i think the russian story is overblown. i think it jeff sessions story was ridiculously overblown. and i don't think trump thinks like that it's a bit after game for journalists on twitter to look that what he's tweeting and look at what was on television 7 minutes earlier. he seems to be sitting in front of cnn with his android phone. the idea that this was a contrived phone to overshadow news about jeff sessions, i just don't buy it. kennedy: what do you buy? >> your theory that he's watching tv.

the conversation with gene hackman was on u.s.a. network. i don't think it was a distraction. i think of the average voter he didn't have a bad week. to them that's rehashing the election. i think they moved on. in terms of jeff sessions the only thing he has to worry about if he per injured himself -- if he perjured himself. kennedy: this is what every bad conspiracy theory does. the democrats are trying to link them together. >> i think there is nothing for trump to distract from. this russian narrative by the democrats, that's the distraction. if democrats are spending all of their energy pointing fingers instead of taking responsibility

for their humiliating loss. >> they need to do oprah quality journaling. i'm going to see the panel a little bit later. president trump has signed a revised travel ban. and lena dunham has attributed her recent weight loss to president trump. but another liberal celebrity says a man occupying the white house is making lena gain weht ways wins.

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kennedy: president trump signing a new revised executive order on immigration into the united states. the new order no longer bands people with green card and reduced the number of countries subject to the 90-day ban into the u.s. from 7 to 6. iraq is now exempt. last month the ban caused a lot of confusion at airports. and the 9th district court ultimately halted it. rather than fight the court and

let it wind its way through the system, the white house went easy route and rewrote it. attorney general jeff sessions says they are trying to keep america safe. >> the youth has a right to control who enters our country and keep out those who would do us harm. this executive order seeks to protect the american people. kennedy: does this new executive order address the legal problems of the old one? glenn, the ultimate question is what happens to freedom here? >> well, it's going to be a question for the courts again i'm certain of it. kennedy: do you think there will be lawsuits and this will wind its way through the system again? >> we already heard from the aclu that they plan to do a challenge. new york's attorney general

schneiderman suggested he would. virginia and washington attorneys general have been more circumspect. but two are on the books saying they will. what you are asking is does it have a better chance of succeeding, this order where the other one failed and it did address many of the issues point out by the previous challenges. kennedy: what about the charge the banned country list is arbitrary. that there is terrorism that pro live rates in pakistan and saudi arabia and most. western europe? >> the dhs put out it own study that suggested the country of origin is not necessarily the best interest kateor whether somebody is likely or not likely to become a terrorist. >> that's the key. the radicalization process. i think we are putting an awful

lot of trust into our allies who oftentimes unwittingly harbor terrorists who have radicalized in their countries or have gone elsewhere and come back. >> that's been the challenge here. when you pick the original 7 and now 6 it was based on the congressional determination these were hot beds of terrorism. so that was defensible. they removed iraq because of the appeals from many weren't administration and narns iraq saying we have been your partner against isis and iraq agreed to cooperate in extreme vetting on their end. kennedy: you are essentially saying every incursion and the war in that theater has been a failure. we turned everyone in that country into an enemy that we have to be suspicious of. then we have essentially failed,

but they would like to point to iraq on some level and say it's been a success and these people want to help us. >> there were many iraqis who sacrifice the their own lives. we made a promise to them that if you were helping the u.s. military, that we would help you on these issues. kennedy: what about asylum and refugees from syria? >> the 120-day ban on refugees was only forther countries. syria was an indefinite ban. now syria is included in the 120-day process to evaluate the process. similarly on the issue before where the previous order said they would give preference to minority religions, the christians in muslim majority nations. trying to create distance

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kennedy: the north koreans are at it again. a report that the u.s. has been waging a cyber war to disrupt their missile capabilities. fox news learned they were just sold asked yous and not the kind of missiles -- they are were just old asked yous an asked sce that can carry a nuclear missile. gordon chang joins me.

there was chatter this was a reaction to a joint military exercise the u.s. was conducting with south korea. >> there are always north koreaian exercises this time of year. last month there was so much evidence of instability. five his subject bored indiana were executed by aircraft fire. on the 12th the day of the launch of the intermediate range missile, the head of the process was not prest. then on the 13th, the day afterwards there was the assassination of kim jong-nam. this is a regime that unless flux right now. kennedy: china has always been north korea's shield for the rest of the world. before it seems like china has had it with them as well.

>> the chinese are frustrated and they don't like to north korea disrespecting them in public. china was thinking of holding him in reserve in case they needed a new kim to presume pyongyang. the north koreaians accomplished some important goals for beijing. every time they do something no jock tough we've send our secretary of state to beijing and plead for cooperation and they get concessions out much us. and it distracts us from things that are moyer important like the south china sea. kennedy: china was having an exhibition of the national people's congress. at the same time that's happening. they are showing the world and people within china. north korea is doing ballistic

missile testing. >> they have the national people's congress meeting. and that's an important way station when the chinese ruler wants to consolidate his position. he wants a couple nice quiet weeks right now and he's not getting it. kennedy: does the u.s. bring it -- do they have bring it u.s. and china more closely together? but that seems like a bad idea. toot north core treens could unleash holy hell on the south core rans in a general can florida gracious. of -- in a general conflagration. one thing we haven't done that's to start imposing costs

on china for its ballistic missile and nuclear weapons program of. if we were to do that we would show beijing we were serious about protect our homeland. kennedy: you are saying the targeted sanctions on china would be more effective and smoke north korea out. >> beijing has scene economy that's not doing very well. we could push it over the edge. we could get china's cooperation. if we unplug their banks from the global financial system the markets would yelp but china would realize we meant business about north korea. kennedy: some are saying this is the greatest threat to the united states. bash extra streisand says she has been putting on a little bit of weight and against who she is

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kennedy: a lot of liberal celebrities have been quite vocal about their problems with the changing political climate. barbra strsand, the award-winning singer and actress said she gained weight and the reason is president trump. she said donald trump is make me gain weight. after the morning news i eat pancakes smothered in maple syrup. look who is joining me. chris 10tate, jimmy failla. is barbara -- >> if she is gaining weight,

imagine how bad is is for hillary. she has probably gone up two pant suit sizes. i think it reason she is gaining weight is not because she is stressed, it's because she has nothing to do now. shiestles not going to sing at the chelsea clinton california feign launch in the bronx. but i feel like celebrities to even a great extent america has taken trump and turned him into this vessel for them not having to take control their own lives. kennedy: it's a big excuse for everything. >> i used it in bed last night. if jill stein comes through with a recount we can settle this at another time. kennedy: charles, you have always been a fan of bash extra try and. do you think you will be able to reach across the aisle and particular her ivory.

>> i think that the problem is up here. i think it's a general problem. i think they seat whole country through the prism of politics. they live vicariously through the prism of the white house. libertarians especially, they tends to look at the country and see civil so sight and see government as part of it. government can be a problem but i'm not unhappy when someone else is in power. unless of course that person is hitler. but the accusations that donald trump is reaching that level is widely overblown. kennedy: last word on barbra off course she gained weight. everything bad that happens is presidenpresident trump's fault.

kennedy: they do have machine guns under each seat. >> am i supposed to say that's on tv? >> they don't have life vests under their seats. don't came a comeback but louisiana and nevada add their names'squirrelly list of states that require curlsive pro efficiency of their -- that require cursi prove efficient proficiency. my girls when they were in l.a. were required to learn cursive. >> who are you have writing to?

who are you writing rainshowersiv.who are you writi? we are behind is ston behind es. kennedy: they are making me learn cursive. >> there is a bad pokemon trade. i would be thrilled in that case. kennedy: you have a new baby. is your baby a genius? >> absolutely. >> the baby is yours? >> he's certainly mine. he's a mega box genius. there is a reactionary side to me. i just wish before we got to

cursive we could teach kids what the bill of rights is and the separation of power. that might be helpful. kennedy: charles a federalist. last word, kristin. >> cursive is worstless. we should be teaching things that matter like arithmetic. kennedy: okay. >> i'm going to use a lifeline and ask the audience. kennedy: college protesters injured a college professor trying to out of a conservative speaker.

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liberty mutual insurance. kennedy: protests at middlebury college devolved into censorship of bill murray.

charles, during the fracas the professor moderating the event was injured and is in a neck brace. is this a growing trend for students to demands anyone they disi agree with to be jettisoned. robbie, welcome back. this is getting so sad. but it's also getting violent. at some point someone is going to get seriously injured and the effort to squash free speech. >> i don't know if that's wait will take for people to acknowledge this is a problem. the professor was attacked for daring to enter into a conversation with charles murray.

someone grabbed her hair at the same time she was pushed. she had to go to the emergency room. the faculty published a letter saying charles murray was a danger to the community and as it turns out the community was a danger to charles murray. kennedy: here is a professor with different views than charles murray. he opened himself up to criticism over the years. but this professor who says i'm a democrat. my class are apolitical, everyone should come out and hear the speaker, even if you disagree with this person, and she is the one who gets attacked. she released a statement talking about how she was dehumanized by the people who assaulted her. they wouldn't looker in the eye. >> she said it was the saddest day of her life.

that tells her about this is a worsening trend on college campuses. i don't have to go back very far to points out similar instances of mob violence and fires being lit at berkeley when milo came. at nyu, they attacked gavin mcinnes. this seems to be getting worse. it seems the protesters would show up, they would do their speech. but now the speaker can't speak and they are actually getting violent and destroying property. it's terrifying. kennedy: and there is a justification for it. they feel that they are obligate to shut down these speakers at any cost. and it's no longer funny. they are no longer the sort of goofy anecdotal stories. the one upshot for the groups, conservative groups high

pressure right these speakers it's a great fundraising tool for them because the american enterprise group that invited charles murray to speak, now they have got their name out there, and i'm sure there are plenty of people whimming to donate to their organization. because now any conservative or libertarian group on liberal college campuses can invite one of these speakers and it will create a riot and headlines. >> it might be good for these groups fit increase their notoriety. but it's terrible for the college. charles murray is controversial. but he's the author of that book "coming apart," which scribts the decline of the white middle class. it has relevance to the type of voters trump courted. that's a worth while topic to explore on the college campus. you can't have any conversation. kennedy: everybody sits around

and blindly agrees. thank god you are on that beat. thank you. appreciate. a new health study recommends americans not just get half-hour of exercise a day. but leap over several lanes of traffic on a motorcycle. "topical storm" is next. because, actually there's five. ooohh!! aaaahh!! uh! hooooly mackerel. wow. nice. strength and style. it's truck month. get 0% financing for 60 months plus find your tag and get $5500 on select chevy silverado pick-ups when you finance with gm financial. 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.

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kennedy: we are going to lure a

monster to our campsite with the marshmallows and stab it to death with a stick. this is the "topical storm." topic number one. move over evel knievel and hello kyle. he's a daredevil who just jumped the 60 free way in moreno valley, right over that sucker. holy crap. you might think these antics are dangerous because they will distract drivers. but don't you worry. they were busy texting. topic number 2. watch what happens when an adorable little girl get an adorable tiny pet from her parent. and the thing is so painfully cute she can't tell it species. >> a baby hamster.

i love it. >> what i that? >> a hamster. kennedy: that's not a hamster. it's a puppy in a box of pampers. i found a hamster the other day and released it in lou dobbs townhouse. >> i hate you! get out. kennedy: that was lou dobbs on the phone with me. he gets quite cross over once in a while. topic number 3. an island north of scotland ruled for centuries by vikings and you can see their lingering

nordic ancestry in a funeral the school gave for their goldfish freddy. there are the classroom pets on their tiny boat. and you can see the young children. they lit the boat on fire as the proper viking funeral. it's hard for me to talk about it. but last your lost my own goldfish. a sad day it was. >> we are assembled here today to pay final respects. >> to goldfish. kennedy: topic number 4. you should sell your car and buy more "star wars" paraphernalia. one gent found some yodas on

sale, and was smart enough to get them to dual each other. let's see the kids' reaction later. you shouldn't be afraid of yoda, you should be afraid of bears. bears. kinky. i know what bears are. topic number 5. basketball is often called the chess of sports due to the rules that are so confounding and hard to follow. at least that's how it seems to this little guy.

what a block. that coach was there just in the nick of time. sometimes you have to knoca kid to t ground and make him feel like a moron. they should be thankful for his tactics. because look what happens during practice when the coach isn't around. she deserves that and so much more. thank you for watching the show tonight. follow me on twitter and instagram. email kennedyfbn@foxbusiness.com. tomorrow on the show look whose stopping by it's a night of

glorious man freedom, judge andrew napolitano, john stossel and matt welch. "strange inheritance" with jamie colby is up next. >> he makes big-screen magic... >> he was indeed a genius. he had the eye. >> ...but his heart belongs to this tiny stage. >> they're spectacular, down to the finest detail. >> this was the place where he poured all of his love. [ woman vocalizing ] >> so how did these guys inherit his life's work? >> i was a senior in high school, and i was looking for a job that i wouldn't hate. >> you feel like you might be sitting on a gold mine? >> must their show go on? >> it would be...over. >> it would be gone. everything would be dismantled and somewhere in a dumpster. >> or will the fat lady sing? [ operatic singing ] [ door creaks ] [ wind howls ] [ thunder rumbles ]