congressman kevin brady, please be with us. we thank you for being with us tonight. good night from new york. kennedy: details of cia spying techniques on the internet for the world to see. but is the wikileaks release good tore liberty or cripple our national security. paul ryan trying to sell his plan to reef place obamacare. bret baier has the inside scoop. and a supreme court justice has come out against civil asset forfeiture. is the issue finally heading to the nation's top court? never one to waste a crisis, wikileaks is pouncing on the presidential wiretapping flack

by releasing 7,000 pages of secret cia documents which includes and an intelligence destruction manual that would make you spy in way that thanked would make your gynecologist blush. >> you can go in any government office. we all have our little camera things that sit on top of the screen. it closes down on them. you do that so people who don't have authority don't look at you. >> people who don't have authority, meaning the cia. maybe in his intraagency rift he knew of the cia had ways to breach. but they were turning your samsung tv into an evils dropper. recording everything you whisper

even when the sound is off. android, apple, microsoft and whisper systems fell over themselves to find a way to toss their collective billions at the problem to make it go away. what does all of this mean? wiretapping is the leak to the president or anyone's worries when it comes to government spying. not only have they continued to do it in the post-snoafden era. now they are really good at it. they are hooked on it. is it the russians? maybe. but it depends where you stand. leftists will go into full-blown hysteria linking it to moscow. trumpists will downplay any russian connection because one of the disclosed programs is

apparently dedicated to make it seem that's someone else was digging up digital dirt. what we do know is this sets up an epic battle that silicon valley fights the government for control of their products and services. were you going to buy a samsung tv at costco? well, maybe not today. and don't expect the tech giants to be good sports about bad news. it would be great to have the billionaires become libertarians. until then know that everyone is spying on you. they are all spying on each other and they are all spying on you. don't trust anyone. i'm glad you are here. i'm kennedy.

wikileaks is painting the cia to be a vast domestic spying agency. is all the government snooping truly necessary to keep us safe? lieutenant colonel ralph peters joins me. former army intelligence officer. welcome back, colonel. let's talk about this. the timing is curious. do you think this dump of wikileaks cia information coincides with president trump's claims the cia was wiretapping trump's phones in trump tower? >> of course it does. the president said without any substantiation whatsoever that president trump was wiretapping him. kennedy. watch said in your monologue just isn't true.

nothing in this release says the cia was spying on the american people. nothing. these techniques are techniques we use against our enemies. would you like libertarian or not, do you want the characteristics a and nsa to stop spying on terrorists and russians and stop keeping us safe? it would be been dereliction of duty if the cia had not developed programs. terrorists use smart phones. kennedy: there is nothing in the information that reassures us they are not spying on american citizens, and this technology is so accessible and widely used and we know that from a number of sources that the government has in fact without warning been spying on american citizens. i don't give the cia the benefit of the doubt. >> you don't have to. but i'm a patriot and worked in intelligence.

the cia is too busy to spy on people's lives. lives aren't interesting. when the american people are being spied on, not by cia, not by cia, but by google and facebook. kennedy: that's one of the things i said in my monologue. >> if goopght spies it's okay. but the cia, it not oka kennedy: everyone is spying own, they are all spying on each other. >> the cia is not spying on the american people. >> yes, they are. >> give me proof the cia is spying on the american people. give me a case, give me a case where they have been spying. kennedy: i would love to access some of those cases, but because of the fisa course it's absolutely impossible because they operate in utter opacity.

we can't know who is being spied on, wiretapped and under surveillance by the federal government because it operates because of section 702 of the patriot act under complete darkness. there are some things we don't have to know. but we don't know what the exact cia budget is. we are learning that they have tools beyond what edward snowden could have managed in 2013. >> the tools revealed in the wikileaks dump are pretty basic. they are common sense tools. we need these tools to work against our enemies. if you can cite a single case you and your friend or acquaintances being spied on by the cia, let me know. i actually worked in that world. the cia is really busy protecting us. kennedy, you are a libertarian, how can you come to the defense

of vladimir putin who kills his opposition. kennedy: i don't come to the defense of vladimir putin. >> you are playing into putin's hand. kennedy: no, but i won't give into the new cold war hysteria, flames people are fanning for their own political convenience. i think the truth is somewhere else and not on either of these extreme side which are using hysteria and emotion to try and control people, their movements and actions. i con valley will stand up for itself, its customers and privacy and defend some of these egregious steps. >> they are defending their profits. they are grievedy pigs. they won't even help law enforcement. kennedy: they grant access to over 80% of the requests they get without warrant from law enforcement.

they actually do. but they don't have to appear at least as though they are using this technology to keep people safe and their information private which is what consumers rightfully want, and that's okay. >> i love billionaire libertarians. kennedy: i do too. i would rather have them on my side. i agree when you say the cia is very busy, the f.b.i. is busy. but they are too busy because they are look at and spying on too many people and they oftentimes don't get the bad guys. >> that's a wild claim that's just not true. the cia and nsa, they are made up of decent people, military people, patriots. they don't spy on the average american.

things move very fast today, and some specific cia programs have to happen in a closed loop. kennedy: i wish i could have blind trust. >> do you think i'm enemy of the american people. kennedy: i love my country, but i do not trust the government. >> but you trust vladimir putin? kennedy: of course i don't trust vladimir putin. and i think julian assange is a kook. >> would you like to live in a word without government, without police, without military, without the intelligence agency. kennedy: no, and that's a false dichotomy and you not. do you think it's imposter the cia to overstep their bound? >> of course, they are human beings, they could. they are doing everything they can. when i was in intelligence we got ethics training, unlike people in the trump

administration, by the way. we get over and over again. we were strict in our obedience to the law. by the way, no president can order surveillance. it does go through the fisa court and the standards are very high and very rigorous. when i as an officer took an oath it wasn't to a regime, it was to the constitution of the united states. kennedy: amen, you and i both agree on that. >> do you think the cia is subverting the constitution? do you really think that? kennedy: i think it potential for abuse is so stark and astounding that to be so naive to assume it's not happening is doing a disservice to individual liberty. i have to move on and talk to the party panel. i always enjoy talking to you. i think you are an incredible author. i love your book and i love your

brain, even when we disagree. now the to my battle-hardened party panel. dagen mcdowell, and tom shillue. let's jump right into the fire. lawmakers have been visiting cia and nsa head quart kearse as they enter into a new phase into russians meddling into our election. texas senator john cornyn says he viewed four large binders of classified information made available to the committee. there have been a number of allegations that the russians tried to tip the election in favor of if the *. of -- in favor of president trump. but the president's supporters

called it a witch hunt. so what is the truth and where is it heading. as lawmakers make their way to langley, do you think they will have some different questions based on what we are learning from this vault 7 dump? dagen: i would hope so if they are doing their homework. this is the best the american people can hope for in terms of these two intelligence committing trying to figure out and cough up what's happening with the sharing of intelligence. i want to draw people's attention to the fact before he headed out of town, before the inauguration. president trump made it much easier, expanded the power of the nsa to share globally with the 16 other intelligence committees, intercepted personal communications with other governments before applying privacy protects. that means that a lot more officials had their hands on law data.

>> it's also some international law enforcement agencies. >> we wonder why the ship is leakier than it was a couple months ago? maybe that's one of the reasons. kennedy: it is hard to find the truth. lieutenant colonel ralph peters and i came to different conclusion. do you think that's going to happen with lawmakers. >> we have been hearing about meddling in the election. what they did was they hacked into a server. that's what we know. they say they meddled in our election process when they admit that didn't happen. the election process went over just fine. kennedy: no one can say they tampered with votes. there is no evidence of that. you are saying they presented

the american people with fake information. americans are dumb, they voted based on their stupidity. >> a series of individual, sign me up, i would go right now. it's very interesting. there are a lot of things around this. when it comes around this, it involves them hacking into his smart car. kennedy: the journalist who died in the single car high-speed crash. >> the russians did not tell hillary not to campaign in wisconsin or michigan. the on hack we know for sure came from the dnc. dagen: equally important is the

abuse of intelligence to smear political opponents. i think potential collusion with a foreign power -- >> the idea that russia was showing a reference for trump. who cares? vincente fox showed a preference for hillary clinton. almost every world leader elected and unelected campaigned for hillary clinton. kennedy: on china google hillary clinton won the election. get ready to get intimate with your local cia official. the agency warning 911 responders about the new procedure. bret baier joins me on the battle to replace obamacare. shots fired.

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house republicans are spending a lot of time defending it. house speaker paul ryan did his best to sell the plan as exactly what the nation needs. >> it repeals obamacare tax, spend and mandates. it creates a vibrant market where insurance companies compete for your business, where you have lower costs, more choices and greater control over your healthcare. and it returns power. this is most important. this returns power from washington back to doctors and patients. back to states. this is what good, conservative healthcare reform looks like. kennedy: conservative groups have been quick to counter speaker ryan on that and many claims. many republicans say it's just obamacare light. you've thank you senator mike lee says this is not the

obamacare repeal bill we have been waiting for. so is the house republican plan dead on arrival as senator rand paul says. let me welcome bret baier. welcome back, bret. lots to discuss, republica snrooght various angles. what happens if the bill is as rand paul says d.o.a.? bret: i don't think it is. i think this is a beginning gambit. a start as they mark you have this bill in the house on these two committees and it will change, it will evolve. i think this president and this administration indicated they are willing to negotiate on some specifics. and they are not explaining it tremendously well in that it is in three phases. this is the first phase, built this way because they say it has to get through what's called

reconciliation in the senate, 51 votes, not 60. then a second phase deals with regulations being peeled off by the hhs secretary. then the third phase deals with the things they are most talked about, crossing state lines. medicaid block grants to the states. things a lot of conservatives are talking about since the beginning. kennedy: versus medicaid expansion. there are some republicans bristling about that. they come from states where the medicaid expansion is popular and they have millions of citizens on those rolls as it is. how do you reconcile conservative groups of and members of the house and senate who are saying this is too much big government with other republicans who accept the entitlement and say they have to move forward and sacrifice -- or salvage their own political futures? bret: i think you will see a lot of pressure put on these folks that are sceptical about this plan.

they are going to feel political pressure. remember that they are going to try to characterize this, leadership plus the administration, as a buy nary choice -- as a binary choice. and two, in the states that these freedom caucus members are from, and even those specific districts, donald trump oftentimes, and i think at least six members there won more votes in their district than they did. and overwhelmingly won those states, the counties by 80-90 percent. he's going to travel to those states and put the pressure from the bottom up to some of these members and senators to say, this our choice. and we have to take it. kennedy: they do have the numbers on their side.

and they can upset this apple cart if the 40-plus members of the freedom caucus stick together and demands more conservative elements of this legislation like getting rid of the tax credit. >> it am not going to happen. you are going to have to restructure the whole thing. the way they have sit structured is again a binary choice. they are going to decide whether this is something they can stomach or not. depends on how much political capital the president puts into this, there will be heavy pressure to get it done. you can't get tax reform done until you get this off the table. kennedy: if this were the on thing on the presidentments docket, it would be different. but he can't spend all his political capital because he has to tackle tax reform and he has to get that supreme court justice confirmed. bret: and if you look at the democrats up for reelection, 11

of them, trump also won 80 to 90% of the counties in their states. don't think it pressure is just on republicans. there are some democrats like to joe donnelly. kennedy: and joe manchin said he will not support a filibuster of neil gorsuch. which means he's essentially going to be guaranteed confirmation. bret: i think the huge fight they will save their powder for is the next supreme court justice. kennedy: great way to summit the week on this hump day. justice clarence thomas taking a stand for freedom saying civil asset forfeiture is unconstitutional. we asked a group of young people

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transporting drugs to a wallet full of cash. but if officers even suspect you have been involved in a drug crime, they can confiscate your entire house and everything tonight without a trial or jury. in many cases they don't have to give it back. but supreme court justice clarence thomas wrote an opinion criticizing the practice. it skips due process and rife with abuse. the vice president for litigation at the goldwater institute. let's talk about this case in texas where a man and his mother had $200,000 in cash take be from them. they went all the way through the legal system in the lone star state and made an appeal to the supreme court which the highest court turned down. what is the status of this case? >> that's right. the court decided not to take the case because the legal issue the people raised they only

raised at the u.s. supreme court level. and you can't do it that way. you have to raise these issues at the trial court and appeal to score and work your way up to the supreme court. but justice thomas said this is an important issue we ought to pay attention to in future cases. this is a real abusive practice. kennedy: libertarians have been talking about this for a long time. do you think people are surprised the person who is considered to be the most conservative justice on the supreme court is the one who is most concerned with civil asset forfeiture. >> justice thomas has expressed a lot of libertarian views.

justice thomas is very aware of these abuse. particularly he points out, an points this out in a lot of his opinions, that this abuse falls hardest on the poor who can't afford legal representation and often suffer more when their cash is taken from them on a pretext through this process. kennedy: and he points out these critical items like a house or car that lowest income americans have and need, when that's gone, so is there ability to make money and defend themselves and get the stuff back which oftentimes costs a lot. but as you point out rightly so, it's not necessarily the person who is accused of the crime, it's their stuff. a house. crib that. >> it's based on this legal theory from the medieval era saying the object is responsible for the wrongdoing. and everybody knows that's ridiculous.

the reason the police departments use that in these cases but that allows them to go through the civil court procedures instead of the criminal court procedures so the due process of law don't apply. what they do by taking the property up front and forcing the owner to come and prove that the property is somehow innocent. that forces the person to give up their fifth amendment right not to testify against themselves. and it means they are guilty until proven innocent. kennedy: it's a presumption of guilt as you rightly point out. we'll keep an eye not on on this case but many others involving civil asset forfeiture. the tsa says it's about to step up the pat-down game and the plan will probably rub a lot of people the wrong way or the right way. the party and returns in moments. stay right here. healthy, free, the world before me,

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except this one, who has an outlet for a face. kennedy: i need a good groping. thank god for the tsa. they are about to take a full hand-on approach. they have called local law enforcement to let them know some complaint maybe coming their way.

get ready fliers. a study found handguns passing through security went undetected. they will use the back of their hands for the sensitive area. the front of hand will be used to insure the threat does not exist. with a new more thorough procedure they can have the patdown in private or request it be done in public. welcome back to the party panel. dagen, you had reaction to that story. dagen: you know how you prevent a patdown? offer yourself up for one. i don't even give them my back, i give them my front and i never get a patdown.

i'm such a grump bucket when imin the airport. no b.s. a tsa agent at la guard yeah offered to give me a hug because i looked like i needed one. kennedy: were they right to let law enforcement know people may be calling 911 after they get their belled jingled? tom: i'm surprised. it's high type they admit it's getting ridiculous. people are stripping naked. every couple months you see someone strip totally naked. i have a new method. you can't get out of our seat on the plane. when the bar comes down, you are locked in. you are done. traveling now, you can't leave your seat. kennedy: are you supposed to get

sweet relief in an avian bought? ben: will the planes do loop de loops? tom: my plane is in the early stages. when that war comes down you can't leave. ben: i fly he weekend and the look of horror and fear on the tsa's face when i roll through. a piece of fat or something on my right arm i moan and do demand dinner. kennedy: at least appetizers. they are all disgruntled and upset. if any attack is going to happen it will come from the tsa. none of them are thrilled to be there. ben: i don't mind being pat down, but i never had any --

seriously i never had any -- no one has ever done anything bad with me. but people who have been molested, that's traumatic. kennedy: i have my belly button alarm for some reason. dagen: just wait to take the ambien and drink the bourbon until after you get through tsa if you want to avoid arrest. you will wait until you are close to boarding. kennedy: thousands of women across the country marked international women's day by skipping work to join demonstrations. they are calling it a day without a woman. discussion abounds next.

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kennedy: women across the united states did not bring their milkshake to the yard. they go on strike for work and shopping. no, that's so sexist it's a day without woman. we are told the number of schools in four states were closed today because teachers didn't show up.

what about the moms who had to stay home from work to watch the kids. they weren't protesting at all. they are just losing money. should i storm out of the studio right now? no. i would rather discuss this whole thing with the independent women's forum director sabrina schaeffer. so this is really a parade of victimization i think has the opposite effect of what it intended. what do you think? >> yes, i think this may be the progressive left overplaying their hand. none of this is new. we talked about the idea of the woman as victim narrative. but i think it big difference is of course americans have had protests and mars. when there is an institutionalized problem that we are trying to fight against like institutionalized racism or the suffragette movement to

achieve the vote for women. these were distinct moments in history. but women have more freedoms that ever before. changes should affect women and men and not pit the gender against each other. kennedy: the whole idea is you don't appreciate me so i'll disappear for a day and then you will really be sad. >> it's a terrible message for boys and men. i think about what i would say to my son or husband. i don't think they need a reminder that the women in their lives are valuable to them. we have mutual relationships between women and their spouses, friendships, employer, employee, professors and students. this idea that women are is he maictally discriminated against and mistreated is a terrible

message to send to women and boys. it creates a social norm that you are a misogynist an and abur and mistreat women. look at all the great men out there. let's focus on the good behavior. >> instead of saying you men are the only ones up there and you are bad and you should think about what you have done because we are putting you in group time out. the women who choose to work today, are they scabs? >> no, of course not. everybody has bills to pay and responsibilities to clients and customers. and i think those women ought to be applauded. we have free speech, people can do whatever they want. it's not ideal that women left class rooms empty and people having to stay home. >> if my daughters were

abandoned in their class rooms i would have gone in there with a megaphone and teach my own class about the constitution and free speech. sabrina, thank you so much for being here. we love your writing and you wrote a great piece we'll post on our facebook page. >> thank you. kennedy: "topical storm" is next.

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kennedy: the calm before a "sharknado" or the cool breeze, take a bite out of this. this is the "topical storm." topic number of one. cops know when you have been nipg at if the nyquil. they are look for the booze bag. the ones were so hammered, they are driving too slow. they pulled him over, an gave himself his own field sobriety test. watch. >> this guy is definitely not intoxicated. kennedy: he scored so well on his sobriety test the cops had no choice but to let him drive their quad cars around town at

top speed with their lights and sirens on. i'll keep bowling pins with me the next time. topic number two. if you kidnap someone, consider to buy yourself a few precious hours before the cops show up. this kid knows what i'm talking about. it's been three days since our place. i don't know what's going on on day four. i ate that goldfish. thin gave the cat a bath in the washing machine. topic number three.

this is a washing machine. okay. topic number 3. grandpas can be so unbelievably sweet. like jimmy from decatur, texas. he built an entire amusement park in his backyard. jimmy built a carousel and pvc carousel for his darling granddaughter sophia. sow cute. and maybe as sophia gets bigger, so will the rides. until they get as awesome as this. it's too late. isn't it weird how sophia got a receding hairline and ginger goatee? so many hormones in mill can

nowadays. topic number four. sit back and prepare yourself to be mesmerized. a beautiful flock of birds weaving through the air like an organism. think about all the wonderful things that happened around it. we rarely pave attention to. look at that. it looks like. i saw a beautiful pigeon other day. i think pigeons are beautiful. pigeon fought back. take the bread, you heartless fowl. you rat with wings. gone too soon. he's feeding the birds in the street, man.

topic number 5. robots are one step ahead of their quest to render us all obsolete. one machine can solve a rubik's cube in under a second. how fast was that. it's not just solving the puzzle in less than a second it's solving it in .6 seconds. that inspired me to start a friendly competition to see who could solve a rub is cube faster. gentlemen? andrew is using a shrimp to solve a rub is cube fo -- a rube

for him. andrew built a giant rubik's cube and trained a suburban house dad to solve it. that's pretty great. paul, rejoinder? looks like paul stole a rubik's cube and set it on fire. that doesn't count, paul. that goodness we have intern insurance. the prize goes to the shrimp. that was amazing. thank you for watching the show tonight. let's go throw some rubik's cube on the barby. emkennedyfbn@foxbusiness.com. tomorrow night on the show, the

real you will tafn liberty, ron paul. brian kilmeade is here and kmele foster. >> an uptown apartment under siege. >> are you kidding? all of these? >> doesn't every new york city apartment have a soldier room? >> it's one of the biggest collections in the world. >> one man's army four decades in the making. >> when i first saw it, i was absolutely amazed. he had every soldier placed in their position. every general was placed in his position. >> but he doesn't want to leave his wife with all this. >> bob wanted to sell off the collection so carole wouldn't have to deal with it. >> what's an heir to do? turn to "strange inheritance." >> what did you think when you saw the episode about toy soldiers? >> i was knocked out. so, i reached out.