try to destroy trump, i just don't see how they keep this in the bottle. lou: charlie hurt, gayle trotter, there goes the bottle. thanks for being with us, we appreciate it. join us tomorrow, congressman jim jordan, general jack keane among our guests. good night. >> susan rice on the defensive over reports she was the one who leaked the names of trump staffers in the russia investigation. judge napolitano breaking down the case tonight. should the irs seize your assets if you've done nothing wrong? and a boss of one company asking employees it implant tracking chips inside their bodies. grab a scalpel. time to operate. susan rice hates president trump, that animosity allowed her to compromise her integrity as she unmasked opposing operatives.

widely known former national security adviser rice identified americans who communicated with foreign targets and her old boss, former president obama, relaxed intelligence rules so over a dozen agencies could share the information. should be afforded reasonable privacy protection with, a contentious white house race, that information that directly translates to power is too intoxicating to pass up. and with name and details shifting from one agency to the next, there are exponentially more eyeballs on the intel that is complicit with journalists. rice made no bones about her dislike for the current administration and rote in a recent op-ed that the president dissembles and contorts the facts? remember bowe bergdahl and the benghazi attacks? >> you served the united states with honor and distinction. >> what spark the recent violence was the airing on the

internet of a very hateful, very offensive video. >> well, that's her character in a nutshell. unwitting victim of twisted and misogynistic sacrifice. when confronted with blatant unconstitutional masking a few weeks ago, she said this -- >> i know nothing about this. i was surprised to see reports from chairman nunes on that count today. >> dishonest and a bad actress. those words are not one of a sacrificial lamb, but a wolf who's thrown off the sheep skin and deceiving the public because she knows she's done something wrong. rand paul and ron wyden will finally couple their rings as the fourth amendment wonder twins and introduce the legislation addressing this brand of reverse targeting that is never okay regardless who's in power with. this country so agitated, split and hyperpartisanized, more

important than ever to keep the power in check because what your government is capable of doing should scare the hell out of you. glad you're here to comfort me. i'm kennedy. all right, former obama national security adviser susan rice went on msnbc claiming she, quote, leaked nothing to nobody. >> this is not anything political has been alleged. the allegation is that somehow obama administration officials utilized intelligence for political purposes. that's absolutely false. >> i don't know if that's absolutely false, and not everybody is buying that line. from a legal perspective, should susan rice be nervous? judge andrew napolitano is here

fox senior judicial analyst. welcome back, judge. >> thank you. she should be nervous if unlike the clinton investigation the fbi does the right thing, the evidence justifying an investigation is overwhelming. have you what appears to be the political use of intelligence data, a felony. have you what appears to be the public unmasking of a person either intentionally or incidentally caught up in surveillance. we're talking about general flynn or president trump. >> or jeff sessions. >> correct. unmasked in private and discussed for political reasons, that too is a felony. it's the misuse of intelligence data, protected at the highest category of protection, top secret for tawdry political purposes. she didn't deny any of that. she admitted that eli lake and adam housley have accused her of except being the leaker herself. >> that's one step away, what i want to talk about is if

there's a legitimate investigation going on, and these things can be happening simultaneously. there can be an issue with current administration in russia and ties perhaps, also an issue with the politization of intelligence information and as you said, that is very scary stuff, but if she was so concerned, if the administration before this one was so concerned that there was a political implication back and forth between russia and operatives in the united states, don't you think they would have been investigating an unmasking both parties? . >> absolutely. absolutely. this has all the earmarks of the gross misuse of intelligence data. this is the fault of republicans as well as democrats. since 2005, the nsa has used fisa as a mask fisa says come us to, we'll give yoa warrant, you target your surveillance othe person or people in the warrant. that's baloney. that's a myth. fisa warrants are general

warrants. they don't name the person to be surveilled. they go by zip code or area code or computer or telecom service. one list was for all customers of verizon. 113 million people. they say search what you want and seize what you find. we have created a society of massive surveillance of everyone. now we finally have hard core evidence of the political use of that mass surveillance. >> yeah, and i would argue, and people in the media have jumped on president trump's claim that president obama wiretapped him, i would argue that the capabilities that any administration has to spy on other people, even if considered legal, are just as egregious as what the president alleged on twitter. >> there is a reason the constitution didn't trust this power in the hands of one person. there is the reason the constitution says if you want a search warrant, which is what a

warrant for surveillance is. you have to show evidence of wrongdoing on the part of the person being searched. one is to protect the privacy of us who have nothing to do with it. two, is to force the government to focus on people as to whom there evidence is of wrongdoing. when the government doesn't do that, then we have san bernardinos and orlando mass killings, because the government has too much evidence to sift through. >> absolutely right. too much information, there's too much power. so susan rice, obviously, no longer the national security adviser, what happens to her now? >> i think the fbi the expect her, i would expect jeff sessions is ordering that even as we speak, and the investigation should n be limited to her it. should be anyone along the chain of custody of information about donald trump or general flynn or anybody else with whom the transition team communicated, including your humble colleague.

it's publicly known that played a small role in the selection. forget about me. >> let me ask you that. before you move onto the final point. if you spoke to someone incidentally caught up in this net. if there were a foreign act, a russian diplomat who spoke with president trump or someone on his campaign, and then president trump spoke with other people, are those people also caught up in it? >> yes, yes, they are, and the question is who took the lid off their names? because that is -- the names of people caught up in surveillance whether they were the target of the surveillance or accidentally caught. when those people are americans are protected at the top secret level and the revelling a of a top secret is the same crime hillary clinton got off the hook for. failure to protect top secrets, called espionage. >> someone's got to be held accountable. judge, thank you for your insight. >> likewise. >> powerful republican senator has promised that supreme court

nominee neil gorsuch will be on the bench by, quote, this weekend. >> judge gorsuch is going to be on the supreme court by midnight friday night, one way or the other. he's going to get the necessary votes to get there. >> iowa republican chairman chuck grassley went onto point out there's never been a filibuster of top court nominee in 211 years and suggested a deal with democrats could still happen. that sounds like wishful thinking, the democrats have 41 votes against gorsuch, meaning the only way he gets through is if republicans use the dreaded nuclear option, one of the riskiest moves in the political playbook, will judge gorsuch be wearing a black robe saturday. jessica tarlov starts off the party panel along with comedian joe devito and meghan mccain, co-host of "outnumbered" on the

fox news channel. jessica, start with you. what is the ultimate goal for democrats, do you think they want republicans to use the nuclear option. how does it benefit them? >> it doesn't at all. i think there is mass confusion among democrats and republicans on this issue but on the russia surveillance issue that you were discussing with judge napolitano. everyone needs to be clear about the end game, and the end game should be that we want a functioning three branches of government and to get legislation passed that means we can win in 2018 and 2020. judge gorsuch wasn't my pick, judge garland was my pick, republicans say this is the way it works, using the nuclear option will, i believe, 100% bring us a more conservative nominee next time around, and also trickle down to how we get legislation done. >> that's my question, have you joe manchin and heidi heitkamp who said -- >> and from indiana, you are right. why aren't there five more

democrats getting on board and voting for judge gorsuch because it is going to be more contentious and much more important for both sides. >> no matter what, i think those are red state democrats who have to go back to constituents and face re-election, i think they are coming off more reasonable and accepting of the election results. but i think it's pressure from the left. we talked about this before. people are saying resist, resist. >> resist, persist, when you have gorillas in the mist. >> that's exactly what they said. [laughter] >> how do you feel about the nuclear option? >> i hate it, i they the republicans are forced to use it. as jessica said, he's getting confirmed one way or the other. i don't understand democrats blowing political capital on this fight. if he were someone who didn't have the qualifications, doesn't have the background, fine week can have a conversation, i think he could

have come out of central casting, don't think we could have a finer candidate for supreme court. the concern for the nuclear option, republicans may not always be in power. >> they're not going to always be in power. you are going to have a democratic senate and democratic president and very liberal judges tipping the balance, and as senator lindsey graham pointed out this is going to force a huge ideological shift on the bench it could be chaotic not only for the supreme court but the senate. could they change it back? >> like the executive orders, we're in charge now, change all the rules to favor us as if the other party isn't going to win. this is as good a candidate as they get. and he's got some nerve, he and harry reid are responsible are in this. hoisted on their own petard, who doesn't like a good petard. >> i'm glad you pointed that

out. what happens if they pull the option and gorsuch gets confirmed but the next time around, what if two more justices -- >> everybody stay alive, that's what i say and don't retire. rbg will make it. >> that is morbid, jesse. >> that's clearly what we were talking about. >> i'm just calling it out. [laughter] >> that is a compliment. >> is it? >> she exercises a lot. >> she does. >> hopefully not with the harry reid equipment. >> you know the little band, she would be so cute? and hot. >> what if under the robe she is like chica bow-bow. >> i think it starts now. a new fettish, this is fantastic, the party panel is coming back. dnc chair tom perez will not apologize for taking fresh digs at president trump and the republicans, he's doubling down on the insults.

did you know the irs can take your assets even if you haven't been charged with a crime let alone been convicted of one. it is so wro. lawmakers have the chance tototo

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kennedy: this might be good news, lawmakers in washington finally beginning to tackle libertarian issue that every american can get behind, ending the irs's ability to seize your assets, even if you have done absolutely nothing wrong. as you know, civil asset forfeiture was designed as a weapon to battle drug dealers and money launderers, the laws allow the feds to take your stuff and keep it sometime forever, even if you are never charged with a crime and because a lot of innocent people have been caught up in the dragnet and have no way to fight back. a bipartisan bill tend to the irs practice has passed through the house unanimously and heading to the senate later this week. does it go far enough to end the insanity. nick gillespie is the editor in chief of reason.com. nick: thanks for having me, kennedy. kennedy: talk about the irs dipping fingers into business owners' cookie jars and taking money that doesn't belong to them from people who have not

been charged with crimes. what does the legislation do? nick: what this legislation does is says if the irs or if the federal government wants to seize your money through a tax lien or tax action that you have to be charged with a crime, at the very least. it would be better, i suppose, if you were also had to be convicted of a crime for them to keep the money, but asset forfeiture, civil asset forfeiture is a major issue in criminal justice reform, law enforcement departments at all levels from the barney fife sheriff type to the federal government does this on a systematic basis where they go after people, and one of the ways they get to you cop to a plea or mess up just what you're doing if they suspect something is they y, you know what? this money was gotten through ill-gotten gains and we're going to hold it and you have to fight back, sue the government to get your possessions back.

it's bad, and it just keeps getting more and more out of hand. or sanity his is happening, it at its best. kennedy: interesting, because we've seen from the president and various law enforcement organizations a new push to increase asset forfeit you of on the law enforcement end but supreme court clarence thomas declined to hear a case over a technicality in a texas case. justice thomas wrote a six-page dissent. how important was the dissent where he pointed the finger at civil asset forfeiture and said this is blatantly wrong? nick: this is part of criminal justice reform, we don't think about it in those terms, we think of sentencing reform or drug policy reform, but it's basic to it because it provides money and really, really bad incentives for law enforcement to go after marginal cases and to do things that really, you know, just don't make any sense.

these are old policies that go back to english common law. it's nuts. and again, what's good about this legislation, it passed the house, there's a version in the senate that should be voted on shortly. kennedy: these are bipartisan bills, by the way. that's one of the reasons they have so much support, and with the climate that is so politicized and so split down party lines, it is rare and nice to see something especially coming from a place of liberty that is actually bringing both sides together for something very positive. and talk a little bit about structuring, this is making cash deposits under $10,000 which a lot of small business owners have no choice but to do? nick: well, structuring, a lot of the suspicious activity reports that get filed by banks automatically get triggered around $10,000, withdrawal or deposit of $10,000 or more, then the government says if you are actually taking out $9,000

or $9,050 to get around the $10,000 limit, you are guilty of structuring, which is not a law, but former speaker dennis hastert got caught on paying out hush money, to get around the reports. that shows the weird incentives of laws, they were designed to go after money launderers, racketeers. mafia. drug dealers and ends up snaring a lot of people who are moving money around which is all right, this is the weirdest thinabout it is you get put into a position, look, i'm going about my business, if you have something to charge me with, do it and get out of my face. kennedy: it's very expensive for a lot of the people in the rural areas to defend themselves, hence this legislation looks like it's got a good shot. nick gillespie, thank you so much. nick: thank you. kennedy: coming up, the president's son-in-law jared kushner in iraq talking terror with war-torn nations's leaders

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kennedy: president trump's son-in-law, jared kushner, has a lot on his plate.

reforming the federal government and criminal justice reform, and he's brokering peace in the middle east. he met with iraqi leaders to strategize the fight against isis and the use of u.s. troops in the region. 900 troops are deployed in syria. after a series of deadly chemical weapons attacks reportedly killing dozens of innocent people, can all this turmoil be calmed with a kushner trip? and what does the trump administration really do with young jared? welcome back. let's discuss this. jared kushner has a lot on his plate. he has been tasked with a number of activity even a single

cabinet member would have a hard time. >> plus being a good husband to that lovely woman. kennedy: jared kushner with all his responsibility, is he a shadow president? >> today he's in irbil meeting with the iraqi kurds hopefully announcing we'll back an independent republic up there. i don't know the guy personally, but i don't see anything that gives me any clue that he has any inclination to the history of the entire middle east. i hope he boned up on his reading on the way to baghdad. kennedy: this is one of the president. most trusted advisors. that means he has the president's ear. i am hoping he can gone it hell hole that is syria and fly back

to d.c. and say, pops, we shouldn't be there. we are not doing anything to make it better and everything is getting worse. he's a smart guy and a wealthy guy. he might have traction with the iraqis. he doesn't have a governmental land-possessing agenda maybe he just speaks the plain language of business. maybe that works. i just don't get the feeling it will. kennedy: it's hard to see what the outcome will be because it's still a young presidency. what one would hope is this person is a well-spoken abstract thinker. meaning he can look at problems creatively in abstract ways.

it's gone one of two ways over there which is worse and worser. the president has been critical of incursions in the middle east and costly ongoing wars. and he's been critical of the former president saying he pulled out of iraq too soon. can he have it both ways? >> he's probably there with option a and option b. he's saying we are staying but you have to kick the iranians out or we are going to leave and we won't come back. kennedy: you don't hear that as one of the options. you were the original author of the peshmerga-thon. >> you don't hear about the iranians treating iraq like their own province. either that end or we wash our hands of the place and say enough.

kennedy: what part do both the kurds and the free syrian army play in somehow crafting peace in that region? >> well, the free syrian army's job has been to sit there and die. syrian kurd are under the rapture of the kkk. the commie kurds. these are the ys who were originally gassed by saddam. the other ba'ath party. kennedy: it's so con row lute and messy. there is only one man who can fix it. it's not you, it's jared kushner. >> it's not him either. hope you fix everything with the va. you can follow. brian: .

we'll tell you all the things going on. a company in sweden says microchips is making life around the office so convenient.

[♪] kennedy:hi,there. jammintosomejamesmercer. . he's apparently not going to apologize for it. it started friday with this viral tirade. tom. >> you know what? i don't care if it's appropriate [bleep]. kennedy: watch your language, this is a family show. after hing heat from both sides for insulting president and saying republicans don't give an s about people. he said sorry. is he the right guy to lead the democratic party or should they stick a bar of soap in his mouth.

what did you think when you saw chairman perez's comments? >> i think democrats haven't learned anything. >> it's easy when you are in a town hall rabble trowtion your base. republicans do it, too. i never heard anybody say anything like that. but the camera is always on and everything goes viral. it just looks like a lot of anger, divisiveness and continuing to point out the messaging is all republicans are evil and all hitler. hillary clinton tried to do that and it backfired. >> are you saying hillary clinton isn't president right now? kennedy: this is your chairman? no? >> he is my chairman.

we elected the biggest spotty mouth of all time to be president of the united states. the policies are what works. what he is or what should be work or being talked about. i think what he meant is the republicans don't give an s republicans don't want to raise the minimum wage or care with affordability of healthcare. but when you get in that room -- kennedy: robots want us to raise the minimum wage. saying republicans don't gain of s about people because look al at the healthcare bill that failed. but democrats cheering at the failure of this republican bill, they are cheering for the failure of obamacare because it's happening, and that is wrong.

>> i saw on "outnumbered" we were talking about it and harris made the point, you are talking about people's lives here. this is a different kind of bill. there are some bills where you are talking about lamps and whether someone can go to a doctor. kennedy: it's emotionally charged. >> she was referencing the 125% premiums and arizonaians can have the option of one healthcare provider in every county except one in the state. kennedy: the american people can no lonr afford healthcare. can you remember that rockville song? in addition to being donald trump's theme song, it's a way of life for some workers at a swedish company. they intends to insert

microchips into the hands of employees so they can monitor bathroom breaks. but should employers have the right to monitor your every move? i'm glad i wasn't monitored when i was in hawaii this week. is this where it starts in beginning of the ends of any freedom? >> no one could have predicted that people would sign up for this. hnds chip. what happens when you lose the job? kennedy: they won't take the chip out. who knows what else the chip tells them. >> it's like wearing a shock collar. if you are in the bathroom too long they give you a jolt.

kennedy: i worry this company in sweden is the pilot program for a broad world government. we'll have rice grains in our hands. >> i didn't want to put a chip inside my dog. my mother won that fight. but for someone like you who is concerned about government overreach, this fist your idea of a dystopian hell hole. kennedy: it all goes to military contractors. >> i don't like it. >> it's creepy. driverless cars? why would i want to be in a driverless car? kennedy: because you want to play bridge with your friends. >> the only chip i want in my hand is a ruffle.

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kennedy: i'm so happy. not only because our national pastime is in full swing. you will hear the crack of a bat. she started take photos of the oakland athletics draft class for her husband michael lewis and his hit book "money ball." she compiled herhotographs and compiled them. here she is to discuss and moving from in front of the camera at mtv to behind the camera and all the oakland a's. i'm so proud of you. the book is amazing.

you are an extraordinary photographer. you met these people when you were shooting them for your husband's book. one of the most interesting things about fantasy life is document the decline of athletes it's such an interesting part of the story. >> there are so many of them, and they are in decline at an incredibly young age. it doesn't mean their life is over. kennedy: this took a number of years. did you know this book would be then 't result? >> i know a little about baseball then now but i didn't then. way was a fan of was the hope and purpose in these guys'ize. they were all on the same journey starting at exact same time. i thought eventually they will differentiate themselves. i thought they were the winners because pro ball signed them up.

but it became a story about losing the one thing that gives your life meaning and what are those consequences. kennedy: you are the one person who told me don't get caught up in fame and celebrity in the 90s at mtv. it's because of the conversations we had about that, you told me, go live an interesting life. i wrote an entire chapter just about that. that gave me the courage to leave mtv and move to seattle to start a different life. >> wisdom from a 24-year-old -- you were probably 16. i think it is important to not get caught up in the fantasy that america tends to fortify with people. they all think that being on reality tv is going to, you know, give you some happiness. the baseball players think once you get to the majors you will

have a lot of money and success and that will provide happiness. but many of them get there and they are you have a digsing every night for a chance in the lineup, and they don't necessarily feel secure on their team depending on what part of the trade they were in. there are parts of your identity connected to your soul and not to your job. that's way was trying to discuss with you. kennedy: you found that as well. you moved to northern california, you had three beautiful children, a great husband. purchase smart and interesting. >> i should have you around all the time. the book is such a great metaphor for your life. >> thank you very much. that's a very who his particular view. kennedy: in 1992 during the presidential race you were instrumental in huh we view politics.

did you ever think you would see a crazier campaign than we saw in 1992. >> absolutely not. what we were trying to do at mtv was take the votes of young people seriously so they would take them seriously. i feel like we were trying to educate them and get them on the same page so we could go forward with more complicated stories and more depth. there were some pack across that were simple just explaining the difference between a caucus and a primary. no one, no matter how educated they were could have anticipated what happened in this last campaign. kennedy: thank you for being here. so nice to see you. coming up, the white house released melania trump's first official photo.

i realize that ah, that $100k is not exactly a fortune.

well, a 103 yeah, 103. well, let me ask you guys. how long did it take you two to save that? a long time. then it's a fortune. well, i'm sure you talk to people all the time who think $100k is just pocket change. right now we're just talking to you. i told you we had a fortune. yes, you did. getting closer to your investment goals starts with a conversation. schedule a complimentary goal planning session today. kennedy: we reached the part of the show where we gather around that raging dumpster fire we call the internet and roast a few marshmallows. get out your harmonica and play me a sweet tune. this is the "topical storm." topic number one. how high have healthcare premiums risen under obamacare? so high this 8-year-old grandma

has been forced back to work as a majo majorette, just to cover. we got so swept up in the moment that she grabbed her baton. she decided to stop shooting when grandma started reminiscing about other experiences she had as a majorette. topic number two. a british inventor has don't impossible. if you could see what my bottom is doing you would probably call the fcc. he has a bumper car that drives over 100 miles per hour.

created a 600 horse power death trap at the b.b.c. auto show. look at him fizzing down the track without even a helmet on. this is why you can't give a whole country free healthcare. his previous inventions were a hoverboard and the world's fastest baby stroller.unfortunar had braking issues. topic number 3. dallas cowboys quarterback tony romo which rhymes with slow-mo. he's riding off.

espn is reporting he has decided to retire and pursue a career in football broadcasting. this is a huge story for cowboys fans. he's the leader in broken claf kals. and the most trips to chicago with jessica simpson and his willingness to play through pain withroken ribs, broken fingers, and broken neck. he took to the field after suffering a catastrophic lung injury. congratulations on your stellar career, tony. i'm not a fan, but i do have a some of the spot for the town you played in. the city of dallas is not only home to the grassy knoll, it also inspired one of the most

iconic tv shows of the 80s, that show was called cops. topic number 4. cats are terrible creatures that would kill you for fun if they had the chance. many experts believe they practice their attacks while their owners are at work. this nanny cam reveals their nefarious plot. dreaming of the day it could be free from domestic incarceration. i am going to hit the ball head. for those of you jets fans watching. the thing the cat is doing it's called a catch.

good kitty. topic number 5. the with it house released the first official portrait of our first lady mean yeah trump. -- melania trump. they originally planned to take it on the white house lawn. but there were so many people hopping the fence that they decided to hang inside. it will hang alongside michelle obama and hillary clinton. there is hillary. thank you for watching the show tonight. you can follow us on twitter and instagram. email kennedyfbn@foxbusiness.com. tomorrow night on the show, buck

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