delighted you are with us and look forward to seeing you again soon. lou: congressman mo brooks and laura ingraham will be with us tomorrow. good night from new york. [♪] >> battle royale on capitol hill as senators cast their votes on neil gorsuch. will republicans go nuclear to get it done. rand paul declaring the healthcare battle is not done yet. the panel is here. with all the optimism in the business world, why is the media selling such doom and gloom. all that and more tonight on "kennedy."

i'm dagen mcdowell in for the lovely and brilliant kennedy. today the senate judiciary panel voted yes on neil gorsuch, and it looks like this thing is going to go nuclear. republicans need 0 votes to get this passed, now that 60 looks impossible, gop leaders will almost certainly decide to counter a filibuster threat with the so-called nuclear option which means they only need 58 to confirm gorsuch. is the risky move worth it? because democrats could do the same down the road. a few dems have come out in support of neil gorsuch. but some republicans spoke out against a potential democratic filibuster and the nuclear option that will follow.

>> the democratic leader repeated that if a nominee can't get 60 votes, the solution is to change the nominee. he wants the senate to do as he says now, not as he did then. that's not a principle. it. partisan politics. >> i find it ironic and sad we are going to change the rules over somebody who has lived such a good life and been such a good judge for such a long time. it says more about the senate than it does judge gorsuch. dagen: how do could this vote go down this week? chris stirewalt is here. chris: lindsey graham sounded sad. he sounds like his heart was breaking. so this is -- you heard the expression penny-wise and found

foolish? the democrats want a liberal base that wants them to oppose everything donald trump does no heart in what. this is donald trump's nominee so there is not enough wig the room. we saw chris coons controls over and say he would vote to block neil gorsuch's nomination. neil gorsuch is universally acclaimed among republicans and has admirers among democrats. that makes it easy for republicans to get to the 51 votes they need to change them permanently. if the democrats gave trump his nominee and waited for a choice that was less universal live aclaimed, they would have a chance to pick off those people like lindh i graham that don't want to have a rule change. but instead they are setting themselves up for failure.

dagen: they are acting like mr. magoo. they can'tee anything. can they not see down the road that a paide paid -- that a badr ginsburg could step aside. chris: let's say you are chris coons from delaware, you are worried about a primary challenge. so why should i be the one? if it's going to happen eventually, why should i be the one that gets democrats upset with me. breath i soon you find there are no adults left in the senate. dagen: it means that the nominee potentially from every president thereafter will be extreme.

either extremely conservative or extremely liberal because it will be easy to get them through. chris: and everything will be awful. no, no, it will be good. you are exactly right. what is happening this week is that gorsuchs of the world. these kinds of judges who strive for impartiality, the paradigmtw demand will be for judges that demonstrate partisan because it that they have the fire and intensity necessary and the supreme court will become much more flip it cal than it ever was. >> how can they not vote for gorsuch snow's such a dream of boat. it's really his mind. let's take it gorsuch fight to tonight's party panel. richard fowler.

anthony cumia, matt welch, "reason" magazine at large editor? are you surprised it came down to the nuclear option? >> i shouldn't be surprised. everything in politics tells us if there is an opportunities for a party to goal full partisan, they are going to take that opportunity. we are polarizing like crazy. i still thought there would be 8 democrats who wouldn't do this for the reasons you set up. donald trump will get another bite at this apple. they have to unseat ted cruz. it doesn't look extremely likely right now. sow it is a bit surprising and it's not at all surprising. through it all, and this predates this.

but we are taking an institution that should be above politics and we are degrading the political legitimacy of it. both sides have been doing it and have been for a while. dagen: chuck schumer says it's time to change the nominee. i saw blumenthal earlier. >> chris had it perfect. it's partisan politics to the point of changing -- when you start change the rules to where more extremism can work its way in. if you have these extreme right and left supreme court nominees and you are able to get them through every time with less votes like they are planning, then you are going to get a supreme court that will be at a stand still because you will get such staunch left and right, and it's not supposed to be that way.

it's supposed to transcend party politics. dagen: harry reid opened the door to this. in 2013 he changed the rules. >> harry reid offed the door. it doesn't make it sow kay in either case. but this is politics at its finest. we as a nation have become far too polarized and now we are beginning to pay the retribution for it. on both sides of the aisle you have supreme court cases coming up that are politics being legislated from benches on both sides. conservative groups trying to if you are for social spree forms through the courts. no elected official wants to take a step on this and be bold. you played this out today.

and i think what democrats are saying is this idea that for 100-some odd days as my mother would say, merrick garland sat on capitol hill. he wasn't given a hearing, he wasn't given the time of day. mitch mccouldn't said we are not interested. that's unfair. and i think what's happening now is democrats are saying if you are giving merrick garland a hearing and voted them down, we didn't even get a hearing. dagen: according to president trump the healthcare battle is far from over. he's suggesting it's just beginning. in a series of tweets the president said anybody who thinks repeal and replace of

obamacare is dead does not note love and strength in r. party. talks have been going on and will continue until such time as a dice hopefully struck. the president yesterday, yeah, invited kentucky republican senator rand paul out for a round of golf because everything is solved on the links, along with budget director mick mulvaney. will the president's charm offensive turn that around? i have to go to all of you since it's rand paul. >> i appreciate the president saying it's all about love in the republican party. that came 24 hours after saying we have to defeat the freedom caucus.

brand paul has been playing this gambit of being close to trump. some distance to him precisely because he wanted to be the guy in this moment. he might have that chance. the thing is other people play golf with donald trump. he's been talk about single payer. there is a lot more talk on the republican side talk about single payer. why don't we just accede to reality. we don't know what trump thinks. >> they are talking about literally medicare for all. medicare is running out of money in 11 years. we are not going to fix that. we are just going to make it bigger. >> when you have say medicare for all which is a bill bernie sanders introduced. dagen: single payer. >> what we found out this weekend from some good

journalism is donald trump was also meeting with zeke emanuel at the white house. dagen: i interviewed zeke a week ago and he talked about that he was advising donald trump. >> healthcare is a connecticut complicated thing. so i think what we saw from barack obama, democrats sort of deliberated. it's been 120-some odd days to get this deal done. and it was a mess. >> they didn't sell it. they didn't sell it right. because here is how you sell that house gop bill. cut spending by a trillion dollars. it cuts taxes in the bill by a trillion dollars and reformed medicaid. boom, let's get this done and

rand paul in his golf shoes. let them deal with it. >> i think trump and trump voters are getting a hard-core lesson in washington. this whole we are going to repeal and replace the disaster that was obamacare. then you have to do it and realize, wait a minute. what are we putting in its place. if we repeal it what happens in the interim? it's not happening fast enough. it's not even 100 days yet. i think the voters are giving him some leeway because they are seeing, well, there is a will the of roadblocks here. and it's not that easy. >> i'm still waiting for a granny in a wheelchair off the cliffs. >> it's not that simple it's a complex problem.

it needs a complex fix. for trump voters. a recent poll said very few people know the difference between obama care and the affordable care act. what congress has to realize is health insurance doesn't equal healthcare. >> rand paul is the one who says that over and over again. dagen: congress doesn't not but the american people do. the president set to meet with his chinese counterpart later this week. how much of that conversation will focus on keeping north korea in check.

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[ [ screams ] ] [ shouting ] brace yourself! this is crazy! [ tires screeching ] whoo! boom baby! rated pg-13. [ screams ] dagen: if china is not going to solve north korea, we will. that stern warning from donald trump claiming the united states will act alone against the communist regime unless china takes a hard-line stand. the president is set to meet with xi jinping later this week.

in an interview with london's financial times, trump stopped short of saying what he plans to do to north korea. saying quote, i'm not going to tell you, you know, i'm not the united states of the past where we tell you where we are going to hit in the middle east. so what would going it alone involved? lieutenant colonel raffle peters, fox news strategic analyst. it's good to see you. would we go it alone? would we have allies in south core ria and japan? and what would this mean? ralph: any military across we took against north korea would have to be done in coordination with japan. the north korean response to any u.s. attack small or large would be to attack south korea. the vast me thop his of seoul

sits -- metropolis of seoul sit on the border. and not fall into the obama trap of making threats he's not willing or able to carry out. and plan this one thoroughly. while we are not there yet, in the future we may have to apply military force t to prenorth koa from threatening us with nukes. you will take out a vast network of nuclear facility, many dined ground. even doing that, it would require a successful decapitation strike of the regime. hollywood make it sound easy. it would turn into a blood bath on the korean peninsula. dagen: between where we are now

and that option, what can donald trump the president talk to xi jinping about later in the week? is there any way to coordinate what we are doing with china? ralph: president xi will go to mar-a-lago. he will have relatively small economic concessions in his hand that he will give up and that will be to make nice. when it comes to north korea, xi will nod, smile, agree it's a big problem and he will proper is to -- he will promise to help us and he will do nothing. china views north korea as an indispensable ally should a war occur between china and the united states. it has a small military.

but we whip them, it would limb naicht s. assets early in the war. china doesn't want a regime change. china doesn't want refugees fromr north korea. while they don't like kim jong-un, they aren't going to remove him because they fear the replacement will be much worse. dagen: charles payne joins me with numbers, analysis and lots of optimism. sely. hidden in every swing, every chip, and every putt, is data that can make the difference between winning and losing. the microsoft cloud helps the pga tour turn

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dagen: president trump's first quarter financial report is in. the dow industrial average hit an all-time high. addition of 200,000 jobs to the workforce in just a month and consumer confidence at its highest level in 16 years. news worth celebrating, right? the media doesn't see it that way. last week the three major news media covers zero to the news

covering. if they are -- to me, it's almost intentional that the media is trying to kill the optimism. charles: is the trump economy getting the attention it deserves. the short answer is no, the long answer is hell no. of all the things you just talked about. what's most impressive for me. mining, manufacturing, construction. last what adp had $106,000. the highest total in the history of that report, absolute highest number almost matched by the government number as well which is $96,000. these are the key jobs that are at the epicenter of the financial crash. the mining jobs, the construction jobs. these are the jobs where the men used to go home and be able to provide for their families.

these are the places where the drugs are running rampant. it's where all the blight was ignored by the elite. dagen: some of it isn't real, it's ephemeral like optimism. i worry about people counting on a tax cut later the year. they are counting on getting some of their money back. charles: what you are talking about is the debate about hard date and soft data. back-to-back jobs reports that were impressive -- not because of the numbers. 239,000 is almost the same as the last numbers, by the many the quality of the jobs. it's the income that keeps climbing. there is evidence that all of this amazing sentiment is

materializing. i'm seeing it with private construction. i'm seeing it with home builders. we are seeing it with traffic. a lot of it is so-called soft data. and already it's beginning to materialize. i think too many people are overplaying it, giving it cart fission time lines. it better happen in 100 days. as much as i talk about this being a donald trump rally, it's also an anti-hillary rally. remember that debate over whether businesses were people? they are not people, but they are organisms and they want to take market share. they go back to their natural

state of being, they can grow. but it would be really great if you take off these regulations and let them grow for real. dagen: charles payne every week night 6:00 p.m. president trump likes to swing for the fences when it comes to his tweets. he says it's no big deal if he strikes out. after the show tonight what's the most you pay for a of jeans. stick you a for two episodes of strange inheritance including jamie colby on mint condition, early levis more than a century old. somewhat did they look like? >> they were weird jeans. they didn't have belt loops and they only had one pocket on the back.

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dagen: hillary clinton is back in the news.

president trump taking aim at his arch nemesis asking quote did hillary clinton ever apologize for receiving the answers to the debate? just asking, exclamation point. she never did apologize because necessity couldn't afford her speaking fee. why is the president bringing this back to the front burner. is he on to something or is he blowing off some steam at the beginning of what seems to be a very busy week? he likes ripping on people and he's an easy target. >> how long is it going to take that it's not news anymore that he tweets outrageous stuff. she didn't apologize and it came out that it was true that she received questions. he just likes doing these things. it's fun. it makes him and regular guy. dagen: it's like lucky charms.

it makes the morning right it's hardly even offensive. >> she got questions, not the answers. every candidate's staff writes up the answers. here is the problem with his sticky twitter fingers. while drinking coffee and eating fruit loops or lucky charms. there is something to be said. any time the president makes any movement web's the leader of the free world. sow any time he makes any movement it makes news. you have to think before you tweet. >> the more he tweets the more he gets in trouble. he got into legal trouble. on the executive order travel ban they cite some of his tweets. he's going after the freesm

caucus. dagen: the tweet about hillary is one of the latest in a long line of opinionated tweets from donald trump. in a recent interview he asked if he regrets any of his with treats and he said the following. he said i don't regret anything because there is nothing you can do by the. if you issue hundreds of tweets and every once in a while you have a clinker, that's not so bad. he got elected because of twitter. >> this is lining the new administration. you can't because it on let's look what obama did or let's go back to clinton. this is how he got elected. this is why he got elected. we want to continue seeing this. he's throwing fire balls all the time. >> if it works. if you are waking up in the

morning as a citizen of the united states and saying, worried about the powers this man wields. would you not react to that tweet. but the thing is, most people con seusm politics not tbailsd on what is actually going to get done, they do based on emotions and troublism. he knows this. >> in all seriousness. everything the president says, no better he says, it makes news. he makes news. he goats out over and over again and lambastes the fake news media. but when he tweets some of the things he tweets that is fake news it's the definition of fake news. >> one problem i have is he names his enemies. i think you should plot in private. you are tired of hollywood

lecturing. if you are a white college educated woman, tina fey says you can't. >> a lot of this election was turned by white college educated women who would like to forget about this election and go back to watching hgtv. you can't look away. it may not affect you this minute, but it will affect you eventually. dagen: i'm not going back to watching "30 rock" because it sucks. i tried to watch recently and i thought, this is awful. >> good point. you are take an entire group and lumping them in and saying you can't look away. you have people look at their vote and saying did i do the right thing. you can't take an entire group and one brush stroke goes these

people need to concentrate on what they did. it's more guilt it's ludicrous. we are all individuals. dagen: at least she wasn't lecturing young latino men. >> i think hillary clinton had a messaging problem. the truth is the impact on donald trump's policies go far beyond -- they hurt a lot of people that voted for him. if you voted for him and you benefited from medicaid exchange in florida. >> or if you are a trump voter and you used planned pairnltdhood for a service provider. >> it's the what's the matter with kansas argument which we should be wary of doing.

>> i think they understood it, i didn't think they realized the effect it would have. >> if it's something that's not very persuasive about the deplorables strategy saying you are in this bloc. if you are kinds of right, you are taking people and depriving them their individuality. dagen: how did humans get from cave dwellers to space explorers.

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>> the biggest question, where did we come from? how did we rise above our humble beginnings. how did primates go from swing from trees to walk on the moon. we have a chance to pier back and see for ourselves. this is the story of how the

world became modern. dagen: that's a clip from "origins." it explores the question of how humans got from there to here in the evolution from apes to astronauts. modern advances such as fire, medicine and war altered the path of humanity moving forward. kennedy sat down with jason silva the host of "origins." kennedy: what a fascinating area of exploration. i know you are deeply interested in the technological similarity where the human beings meld with machines, by the many interesting and informative to go back to a number of other sing few layer advertise. like the existence of fire and how that changed us.

>> thank you for look so deeply into the show. i think first you build the tool, then the tools build us. all these technological origin moments transformed us. one of them we explored, the domestication of fire. kevin kelly from wired magazine said when we started cook for the first time. it was like an artificial organ that predigested everything we ate. kennedy: so our brains were able to get bigger and we were able to evolve foft faster. >> before cooking food we had to spend all our time chewing. you eat, you stay full for

longer, and then you have leisure time. kennedy: to create wheels. >> we had this weird symbiotic relationship with technology. another episode looks at communication. we instantaneously share our thoughts against time and space. but the first sing you laisht was the origin of language. even spoken word. kennedy: this is something i wouldn't say it troubles me but i spent a lot of time in evolutionary biology. if we were able to develop processes and structures that allow us to communicate through language which certify loss ofcers argue is the basis of consciousness, why haven't other primates been able to do the same thing?

>> kevin kelly said language was the first sin sing few later sis with what you said. we were to draw a line in the sand prelanguage, that world would be as inconceivable as trying to explain the knew ounces of shakespeare. kennedy: why don't they have sing fe -- have singularities? >> terrance mckenna has a theory called the stone to ape hypothesis. he said they ate psychedelic

mushrooms and it made certain senses like hearing, sight and sound, that that was the catalyst that hurled us into language. that is a singularity. kennedy: reading more about psychedelics, i think that will become a more acceptable thesis in the coming decades. i know you are interested in the technological singularities. if we become more machine than human, will we continue to evolve? >> i think the speed at which we evolve will evolve. there is a school of thought, the cognitive philosophers, they e the paper called the extended mind thee tess. we need to change how we think

about technology. get over what they call our skin back bias. which is the assumption we end at our skin tissue. part of our thinking on the page when we write stuff down. kennedy: will it still be considered evolution if there is not a biological process accompanying it? >> i think so. technological evolution is the next phase. he called it theth kingdom of life. kennedy: i know people who are tear fired it. but i'm in your camp. thank you so much. dagen: it airs mondays at 9:00 p.m. eastern time. is this teenager skydiving or was he thrown out of the plane and trying to make the best of a bad situation?

they could affect your accounts, so let's get together and talk, and make sure everything's clear. yeah, that would be great. being proactive... it's how edward jones makes sense of investing.

dagen: kennedy's staff selected the following five video as their favorite story of the day. good lord, you should see the outfits on these people. mustard stains everywhere. in the meante this is the "topical storm." toc mber 1. a group of san diego women dressed up as witches and tried

to put a hex on president trump. the self-proclaimed witches were attending an event called "fire the fool" where they painted their faces green and gave them broom sticks. the group hard and chanted that trump is a clown. pretty hard to call somebody a clown when you are marching in a witch costume. the white house issued a brief statement to the organizers. topic number 2. a teenaged boy making headlines after he made a skydiving video to ask a girl to go to the prom. i missed the good old days when these prom proposals were

simple. the girls bought a dress and the go rented a tux and hopefully nothing went wrong with it. the good news is this young man spent all this time and money and she said yes. the bad news you will find out on prom night. topic number 3. speaking of people who never get any. "star wars" nerds will be happy to hear disney released a lego version of "rogue one."