part of his predecessor who did nothing over 8 long, long years. thank you very much. join us tomorrow. john bolton, steve forbes and leonard leo among our guests. kennedy: president trump reportedly military action in syria. do we want to go down that rabbit hole? the fight over just judge neil gorsuch has gone "nuclear." grab a hammer, i'm goingo nail is thing. the president is fed up with syria and now the russia-backed dictatorship has been put on notice after killing babies and children. when he sarin gassed his people

in 2013, even president trump warned against military intervention four years ago, tweeting to our foolish leader, do not attack syria. if you do, many bad things will happen and from that the u.s. gets nothing. now we are torn between an emotional reaction and a rational response. what do we get out of the falsely simple and pat military response senator learned i graham is clamoring for. ikea safe spaces so refugees can return home. more dead babies and a hot war with russia. those are bad endings to an ongoing nightmare. they are blaming the attacks on an insurgent store house.

if really thought the rebels were housing nerve agents in close proximity to an ally suburban hub, they would be screaming for backup. arming rebels we don't know, creating no-fly zones weon't enforce and escalating a conflict with a nuclear power is like diving head first. if the unstable canadians started gags their acid-washed citizens, would we expect a military response from turkey? i'm sure they would love to be wearing red "make syria great again" hats, but they can't

because they are dead. i'm kennedy. the gas attack in syria is the latest in a long line of horrific tragedies and th the-year-long civil war. is this something we want to get involved in? welcome back, ambassador bolton. obviously the president is outraged. and there are some horrific facts we are learning about that chemical attack. and the obvious response is, let's go over there and do something by the. but the problem is what follows if we go over and do something by the, what would your response be? >> this atrocity should be take in the bigger strategic context that's different from what barack obama faced. obama's strategy against isis had not brought him to the point where the destruction of isis in iraq was in contemplation.

and we didn't have to face the question that the trump has to face, what comes after the defeat of isis. obama was never seriou getting rid of the al-assad regime. syria's allies iraq and russia were critical to get the nuclear deal with iran. you put these factors together, isis will soon be destroyed we hope and the iran nuclear deal which gives their efforts hegemony within the region is a detriment to american interests. we need to do it with a strategic context of the region in mind. that means conflict that comes after the destruction of isis so that iran and its allies, the

baghdad government, assad and syria and hezbollah do not emerge stronger. kennedy: the creation of some of these groups hasn't led to their ends. it's still ongoing and you can argue it had its roots in the 80s. a proxy war or hot war with russia would be a bad idea. senator john mccain has spoke at length about arming the free syrian army. how do you even identify that army at this point? >> we don't. the question is, what comes after the destruction of the isis caliphate? will isis completely disappear? probably not. but it's likely to migrate to libya or yemen or somalia where there is complete anarchy. there is no way they will go

from iraq and syria respect toughly. so i think this is an opportune moment to say we'll deal a substantial blow to the assad regime. kennedy: i have a question about that. let's say you do deal that fatal blow. assad is a horrible person who has done awful things. and displaced millions of people in his own country. so let's say either you have got two scenarios that follow from that. either we are in the business of nation building, or the country further devolves into chaos. and again it's another petri dish, if not for isis, it could conceivably with the weapons we left behind make it worse. >> the country is in chaos now. the issue is what the circumstances will be once isis is defeated.

unless usual backing away from that, if you want isis defeated, then you have to look at the post-isis environment. i'm saying not only do you go after the syrian air force, but you tell the russians to fuel up their planes and pack up their gear and personnel. otherwise you substitute the russian air force for what assad's air force used to be. kennedy: i understand that. but the problem with that is russia can say we have been invited here. we are the ones actually working with syria, and they are allies here. russia is also on equal footing internationally because they are permanent members of the security council. >> the security council is irrelevant to this. then we come to the point where the trump administration confront russia back this regime in syria that is under gird by

iran, by benefits by the worst diplomatic deal in history. they don't care about defeating isis, they want to preserve assad. the world's central banker for international terrorism is russia's ally iran. kennedy: i understand. and we funneled more money into iran with this bad deal. i agree with you there. to get russia to turn and leave will be problematic. even if you displace assad there is no guarantee we'll win against isis. isis is just a convenient name for a brand of murderous thee autocratic ideology that will morph into something else. the one thing people have not been able to do particularly hawks on the right, is say exactly what we are going too to replace that brand of thinking and that ideology. right now there is no answer.

>> what we are going to do is counter the ideology that obama was unwilling to admit existed. but the near-term objective is destroying the isis caliphate in what used to be syria and iraq it's the existence of that physical domain that gives isis the ability to recruit and retain terrorists. they will try to redeploy elsewhere and we'll have to deal with that. but if we can break the hold on the territory they have now, we have a chance to refashion the map of the middle east that has been ripped up. kennedy: refashion the map of the middle east? >> will you let me finish? kennedy: you have been talking nonstop for five minutes. >> it's a complicated subject. you can't talk about it in 15-second bites. the kurds are independent in iraq and they are not going back in.

sunnies are not going back into an iraq that's dominated by the ayatollahs in iran. and the sunnies in syria will not go back. you can let it descend further into chaos or leave isis alone and that's your choice. kennedy: i know it get heated. i think you are better versd on the subject than just about everyone else, just because i don't agree with every one of your points -- >> if you would only let me talk a little more i would convince you. kennedy: let me bring in my freshly painted man panel. pete hegseth. kmele foster. and co-host of the fifth column podcast. jamie weinstein. so i know everyone is so excited

to continue this conversation. we are going to shift gears because there is big news in the senate. senate majority leader mitch mcconnell pressing the button on the "nuclear option" to confirm neil gorsuch. the gop didn't have the 0 votes to pass gorsuch without a fight. mcconnell brought out the big guns to force gorsuch through the senate. make no mistake. this is a risky move for republicans and our democracy. it could allow future supreme court nominees to fast with only 51 votes. should republicans have gone this route? pete, you say if you are going to deploy the "nuclear option" you better be the first one to use it. >> a filibuster like this hasn't

happened for five decade. there will be obstruction unless they nominate someone they would like. but that's not what president obama ran on. it's so dumb for the democrats to be doing what they are doing. they should have held their fire and waited for the next one that comes. when it comes to the middle of next year when justice kennedy retires the balance of the court is in order and the republic will do the same thing. kennedy: and there is nothing to stop him from nominating the most conservative jurist in the country. >> this isn't the guy you wanted to do it with. it might have bent next guy. i am perhaps not the right person to ask about strategy and whether this was the right call. it's certainly possible that down the road this could be a problem for democrats the next time around.

but we'll have to see. kennedy: also, i was talking to nick gillespie about this. clarence thomas has turned out to be surprisingly the most libertarian voice on the court. that could happen. that's the last job they are going to have. their true ideology comes through. neil gorsuch not a conservative. i think he's a hippie right to lifer. >> no matter whether it was going to happen now or down the road, both sides invoke principle. then when the roles reverse they vote the same principle. the supreme court has become so important that any means possible to get your justice on both 35r9 why is will do. kennedy: that's a good point, jamie.

and it goes to show the next presidential cycle will be pen more insane. because decades of supreme court decisions are going to depend on who inhabits the oval office baits will be that much easier to get an ideological pick through. president trump meeting with his chinese counterpart in florida. brian brenberg is here with the impact it could have on trade. stay here.

why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis.

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kennedy: president trump and chinese president xi jinping squaring off at mar-a-lago. boy, oh, boy do they have a lot to talk about. back on the campaign trail president trump was very harsh on china. claiming they had been manipulating the global economy. let me ask brian breerg from the king's college. let's talk about free trade which i think is essential to the intertwined economies

between the u.s. and china. china is more willing to goat free trade route, but they want to steal our stuff. >> china likes to talk about free trade, but they are an abuser of free trade. kennedy: explain that. brian: companies that want to go into china to do business. china will say you can sell your technology. but we want an encryption key because there are national security concerns. u.s. come any say that's bunk. you just want access to our technology so you can use it and produce it at a lower cost and sell it back to the u.s. the rule of law and property rights are fundamental or free trade doesn't work. you have illegal state subsidies. state-owned enterprise. these are the things china does

that are a problem for free trade. kennedy: it's a form of protectionism that doesn't make sense in this country. when i was talking to michio kaku about the billionaire space race in this country, there it's pretty much all state-run. brian: we are seeing some moves in china where the state is getting more involved. at the end of the day that hurts the chinese consumers and chinese workers. you can't innovate in an economy that's planned from the top down. that's why so many chinese companies want to be invested in the u.s. it has gone up 10 times in the past five years. they want access to u.s. innovation. that's one of the bargaining chips the president has. if you want chinese companies investing in the u.s., you have to play by the rules.

it's not interest stiewght a sweeping 45% tariff. most of the trade between china and the u.s. is good for for u.s. workers. the st thing it president can do is not get us into that situation. but number two is going after china is targeted ways. where they are stealing intellectual property. somewhat about dumping things like steal? >> this is funny. it hurts u.s. steel workers it's a cost of trade. it actually hurts china as badly as it hurts the u.s. all these misallocated resources, all this money pouring into a steel industry. they have to dump them across the world. we should go after china for that. there states should not be subsidizing private or public companies in their country it's against the wto rules.

they say they signed on to this and they haven't been keeping the rules. we should hold them to account. kennedy: who gains most from these meetings? brian: the president is if he talks about intellectual property, censorships tariffs. if he's tough on those it will help the u.s. and it will shep china in the long run as well. kennedy: president xi wants to save face when he goes back to his country. brian: i think china will go to the president and say we want to institute investments in the u.s. they will try to give the president a quick political win. it wouldn't surprise me if you get a big announcement about chinese investment in the u.s. that creat jobs. but don't get caught up in the

superficial things. the heart of the matter is intellectual property rights. kennedy: president trump's homeland security chief says the wall may not go up after all. brian kilmeade is here next. ♪ ♪ what we do every night is like something out of a strange dream. except that the next morning it all makes sense. to power global e-commerce fedex networks are massive, far-reaching and, yes... a little magical. fedex.com slash dream to f...nerve pain shoots and burns its way into your day...

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kennedy: president trump promised a big, beautiful wall. general kelly saying its not likely. there were chants of "build that wall" at nearly every trump rally. kelly told members much congress, it doesn't make sense to build a wall in some parts of a 1700-mile border. is this a big broken promise or practical and cost-effective way to keep the country safe? brian kilmeade, host of "fox and friends." brian, welcome back.

brian: i not was a last-minute decision and it took the whole staff to get together. we had to bring mike pence in to break the tie. i'm thinking the latter. i'm thinking the latter it's not a big deal. kennedy: it is a big deal. brian: okay. can we disagree? kennedy: i happen to be right here. it's a big deal. brian: do i have permission to be wrong? please don't make phase when i make my case. and i want the cutaway camera. he's already affected the number of illegals coming in from 45,000 to 17,000. general kelly is proving nothing but competence. you will see miles of the wall. i talked to a bidder this week. wants to get in. i think it will come in under

budget. if people in that crowd who said build a wall, then saw a unique fence and saw surveillance and a river. kennedy: when he was talking about a wall, he wasn't talking about a wall. he was talking about other things that can be perceived that can be perceived as wall-like. brian: mostly wall. practicality. it's not israel where you can build a wall and cover your country. he's got 2,000 miles to cover. kennedy: some of which you can't because of eminent domain issues and basic geography. there are parts of this country that are rugged and strange. i think it reason some of the president's detractors will make an issue out of this is because he spoke in absolutes. i know he talked about his flexibilities.

but he said we are going to build this wall and mexico is going to pay for it, mark my word. >> we don't live in the world of idealism. we know if you could see miles of the wall, do you break a champagne bottle on a new wall? if you do that -- kennedy: i think it would and bought of tequila. brian: i think so too. but can he get the money out of this budget to get started on it? if they see 700 miles, 300 miles, see things in construction. i don't think people are that worried about it. kennedy: you think people from central america coming into the country through our southern border don't see started construction and rethink their desire to make the perilous attorney? brian: i would hire you as my attorney to make my case even though you don't believe a word

you said. kennedy: i just happen to believe mexico isn't going to pay for it. it's too expensive to us to do. but it's not the best way to keep people out of the country and to keep the border safe. do you need border security? i think you have bipartisan support. brian: i think it does send a message. that's why people aren't coming. do i have to pay this coyote it's a risk. i might not even get there. when general kelly said, i will separate families. he wants to send a message to families that they won't come. we are not being hard hearted. we'll help those countries get their act together. but we can't let them come into our country for free. kennedy: the people willing to

risk their lives work harder than pretty much anyone. brian: remember we talked about the beautiful door? i don't think i convinced you of a thing. brian: i'm getting cut short for robots. kennedy: i am being replaced by the dodd-bot. thank you. house speaker paul ryan is claiming he has a healthcare plan that the freedom caucus might approve. wishful thinking. or could he pull it off this time. the party panel is back. that's next. dear predictable, there's no other way to say this. it's over. i've found a permanent escape from monotony. together, we are perfectly balanced,

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kennedy: welcome back. house speaker paul ryan today was optimistic republicans are coming closer to a healthcare plan he says can repeal and replace obamacare. in a news conference he said gop leaders had tweaks and twerks that will get the freedom caucus on board. >> what this idea represents is a goal of one final word for our viewers om the freedom caucus

to he other group represented here is speaking. how do we lower premiums. how do we lower premiums and continue the protections. this idea does that. so this is one of those ideas that narrows it and brings people closer. kennedy: too many press conference. freedom isn't free. healthcare should not be. he admitted so far there is no deal. so what are the tweaks. and can ryan get it done? the panel is back. pete hegseth, kmele foster and jamie weinstein. what do you make of this back room deal? >> he time they are speaking of healthcare it's a reminder of the remarkable incompetence of the republican party. for 7 years they say they are going to repeal and replace obamacare. mr. art of the deal can't bring

it to fruition. if the republican party can't do healthcare after 7 years running on this elect after election, i'm in the sure what the republican party can do. kennedy: it's like the go at the party who talks a big game about how he can slay the ladies and he gets girl alone in the bedroom and has no idea. >> he wants to ram something through quickly. whether it's a good idea does not matter, it's inconsequential. i have very little confidence in predictions from mr. ryan. we heard this before the last time right before the whole thing collapsed. kennedy: we have the votes. the votes are coming. this an incredible piece of legislation that opens up the free markets and lowers premiums and heals the sick. >> i put this at the feet of

speaker ryan. they tried to ram it through too quickly. i think time shouldn't matter on this. don't listen to the chatter and i was on the hill meeting with a bunch of republican members. there is not as much optimism as speaker ryan represents. if they get a few more concessions they could get on board. if you have a good enough bill that's important if you believe in fulfilling the agenda president trump ran on. >> i think it has to be mr. art of the deal here. you say he he lone can fiction this. i'm the world's greatest deal maker. you put me in charge, you will see the machines run smoothly, i will get everyone in a room and razzle-dazzle them. and healthcare is very easy.

>> i don't even know what's in the deal. >> i think he does. he outsourced a lot of that to paul ryan. kennedy: paul ryan is suppose to be in policy wonky tonk. >> here is my power point presentation. >> i remember president trump talking about no one knew how hard this was. who is no one. perhaps only you didn't know. kennedy: how long has he been in the house of representatives? >> congressman ryan? kennedy: >> there is a massive failure the part of conservatives with the aca passing in the first place. kennedy: didn't they take two of the 7 years to fight about it and throw can trumps and stacks of papers, then you calm down and say this is what's most important. this is what's necessary.

>> the emperor had no clothes. they were passing repeal bills that had no votes. kennedy: thank you so much for being here. a very informative evening. coming up. intelligence committee chair devin nunes stepped down from the investigation into russia's meddling in last year's election. will they do the right thing?

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kennedy: devin nunes announced he's temporarily stepping aside from the investigation into the russian interference in the election saying he's the victim a witch hunt. later this year the same republicans will have to vote to

extend the foreign intelligence surveillance act, also known as fisa. a law that allows the feds to snoop. is there a chance lawmakers will see the error of their ways? joining me is jim harper. chairman of the end freeze institute. the left is saying it's okay to make these iidental collections. susan rice was doing her job and there are civil liberties advocates who have said this sort of collection oversteps any reasonable bounds. what do you think? >> incidental collection turns out to be not so incidental it's a big loophole for the three-letter agencies to drive their surveillance through.

this process would be better using warrants. kennedy: when there is an american who is caught up in what should be overseas surveillance, then their name can be -- they can be identified, and then their identity can be made known to the dozen plus agencies who have access to the information because of rule changes by president trump. but it's so easy to overstep the bounds and abuse this power and it's as a political weapon. do you think that's what we have seen in the susan rice case? >> the evidence it happened in the susan rice case is pretty thin. but the likelihood given the easy availability to give a lot of information to a lot of

people, it could be used for political purposes which is why congress should close the loophole later this year. the chances they will, not very good. kennedy: trey gowdy was speaking to f.b.i. director james comey saying you and i both need section 702. we want this to function correctly. but there is something problematic here. what will it take for republicans to join some of their civil libertarians within the party and liberty-leaning democrats to say we have to close this stuff. this is part of the mass spying problem that was ex posed in 2013. it appears the government has gotten better at it. >> republicans will have to come home to their constitutional roots. recognizing chairmen and chair women should work for their

constituents and not working for the intelligence community or the white house. they need to require searches and seizures. including data searches require a warrant. i think this experience makes it clear that's good advice. kennedy: i think the contents of your conversation and phone and devices, i think those all constitute effects as they were seen and laid out in the fourth amendment. >> absolutely right. they serve the same purpose as papers did. they are arguable effects. that's the things you have around you as you have go throughout your life. when i make a call overseas, it doesn't mean all belts are off and the government can district and unmask it. you are likely seeing something happen in the middle of the night on christmas eve.

kennedy: with michael flynn and some of the revelations about this case. according to the timeline. kislyak was in the united states. so there is still a lot of explaining that has to be done how flynn was caught up in a domestic conversation even fit was with a foreign actor. coming up, have mattresses started attacking motorcycles? we have compelling answers in the "topical storm" that's next, along with your hate mail. why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain,

or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis.

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kennedy: politicians like to say what unites us is better than what divides us. most us can't agree upon obamacare or trump care or nirks vea skin care. we are you've night by the fact that no matter where you live in this great land if you check your watch this very second, this is the time for the "topical storm." topic number one. britney spears has done the impossible. no, she did not get kevin to move out of his parents' basement.

she caused israel's labour party to delay a vote because there weren't enough security guards to handle both events. you would think the election would be the bigger security priority, but apparently it is not. because bring it numbers last two albums both bombs. topic number 2. in some countries that's a mean thing. are you any good at water bottle alcohol new england just to be clear, i'm not talking about that thing you do when you are stuck in traffic and you need a wick tkle. i'm talking about flipping a water bottle in the air and have sit land standing up -- and have it land standing up. watch again.

boom! you should see him play beer pong. topic number 3. an australian motorcyclist is lucky to be alive after a mattress flew off a car and hit him as was riding through a tunnel in brisbane. watch this. there is the mattress. flying off. he's so lucky. it happened early tuesday morning which was like monday morning here. the guy was driving to work. emir rack lousily managed to avoid injury and he's part of the new campaign for dial-a-mattress. all jokes aside there is a

lesson in here for all of us. always tip the guy who ties the mattress to your roof. topic number four. professional clowns say the remake of the steven king movie "it." hurt the clown business. they say the trailer for the film has sparked a wave of anti-clownism. some things are so bad for some professional clowns, they can't afford to put gas in the cars they live in. luckily they are big on carpooling. if only a mattress would blow their way. i shouldn't provoke these people. i night wind up getting attacked by a balloon animal. the punch line is a bucket of confetti.

topic number 5. like john extra volta in the 90s, it's time for a comeback. unfortunately this is viewer mail's comeback. please don't sing. there are talk shows and shows for singing. yours is a talk show. please keep it that way. ted, oh ted. you are communist red. and if you keep worrying you will soon be dead. and i invite you to eat a bag of ... paul says, delusional kennedy is trying to think again. what a loser. are you in fourth grade, paul? i was trying to sing and i did it like an angel. dan writes kennedy i don't care what you think, your show is

losing its luster. dan, shut up. like my show had any luster. what do you sell, lipgloss? cheryl tweets, i like your hair much better than the days of old when you styled it with e fan best your car. cheryl, are you talking about this? that was clearly the exhaust pipe. lastly. jorge closes things up. stick with music. you and ted need to get together and make up your friggin minds. you can follow me on twitter and instagram @kennedynation. email me at

kennedyfbn@foxbusiness.com. i will be joining neil cavuto. >> abracadabra! >> oh, my god, it's my card! >> 400 years of magic secrets... >> did he ever tell you how he did any of those tricks? >> as many times as i asked, he'd never tell me. >> ...hidden in these dusty volumes. >> a lot of them were seen as occult books, and people were a little scared of them. >> the collector himself a closed book. >> so your dad is some man of mystery. >> he's a man of many mysteries. >> it's smoke, mirrors, and money. >> lot 250, "a magician among the spirits," by houdini. we will start the bidding at... [ door creaks ] [ wind howls ] [ thunder rumbles ] [ bird caws ]