they will be among our guests tomorrow. hope you will join us. good night from new york. [♪] kennedy: the negotiator-in-chief trying to get big business to pitch in on his infrastructure plan. united airlines showing the world how not to respond to a crisis. can they bounce back from the video seen around the world? paul ryan wrecks everything. the house speaker sent his flock on a two-week recess with a pat on the bottom. ryan is not a public servant,

he's become a big government piglet who is fattening his ego. it's like he thinks he will die of political secure have politf he's not in the limelight every day. >> moving from an opposition party to a governing party comes with growing pains and we are feeling those growing pains today. kennedy: ryan was not able to soothe the pain away with a second healthcare at bat. it was a swing and a mess as he tried to shore up last-minute support. his poll numbers could go lower than his widow's peak if he boches tax reform. >> the house has a plan, but the senate doesn't quite have one yet. the white house hasn't nailed it down.

even the three entities aren't on the same page yet on tax reform. kennedy: maybe you can whip up another power point and show everybody how much smarter you are than they are. the congressman said we need a change in direction from the speaker or need a new speaker. perhaps the speaker in the white house should figure out the special sauce before they try to fast half baked warmed over socialist legislation. democrats are hell-bent on giving him more quick losses. with ryan steering the hand cart to hell, it's only a matter of time before the president puts

him under the bus. i'm kennedy. [♪] is michigan congressman amash saying house republicans need a new direction or a new leader? tim carney joins me. let's talk about speaker ryan. is he in trouble? >> he hasn't figured out how to do his job. his joins an unprecedented job. when tom delay could run the house and they call him the hammer and he could pass any piece of legislation if president bush wanted it. he had earmarks to dole out to anybody. if you didn't like his bill, he throws in a new bridge in your district.

but the republican leadership had a fundraising monopoly. any candidate who wanted money for reelection they had to go through party leadership. now given the internet and amash goes on the internet and fox business and a bunch of free market money comes pouring in. so ryan doesn't have the tools his predecessor has. boehner didn't figure out how to lead the republican majority. kennedy: baron was unseated. do they hold that kind of power and that kind of sway? and has the president been on the wrong horse staying invested in ryan?

>> these are not people who sort of respond to these threats and that kind of thing. some of them like trump in the freedom caucus. but a lot of them are there because they say nobody gets to tell them what to do, they are fiercely independent. i don't know there is anybody better than ryan. i do think ryan's strengths are going to be more policy making and less sort of running the caucus. kennedy: tim, i think i disagree with that. ryan always positioned himself whether he was a congressman from wisconsin or a vice presidential nominee as a wonky policy person who is good at the numbers and figure out how government works and make it work best for the greatest number of people. but we are seeing not only has he been a failure politically,

but also he seems to have a limited understanding for what some of these people who voted him into office really want, particularly in a healthcare bill. >> i think that's true that paul ryan hasn't sort of tried to adapt to the reality that trump's selection showed us. there isn't really a conservative majority out there in the country. there is enough people out there who will prefer the conservative republican to the liberal cosmopolitan democrat. but there isn't a conservative majority out there. the job is hard. when ryan tries to do this healthcare bill, rather than a cooperative process, he did a consultive process. he said if you have complaints come into my office and tell me about it. we'll listen to everybody. then we'll write the bill.

letting people have fights and maybe you win. and you get your permission in there. maybe you win. but you put up an amendment. he did a central managed thing which is a wonky thing to do and that's not way to run the house today. kennedy: it is the opposite of what he said he was doing. he went in front of american people with that power point saying we are putting this through the proper committee channels and obviously that was not the case. >> the committee process was a joke. there was just rubber stamps within the committees. kennedy: communism doesn't fit with the republican party i used to know. republicans are also in a pickle over the president's $1 trillion infrastructure plan. in a nutshell, they don't want to spend tt kind of money. the president met with a dozen of the nation's top ceos.

he's trying to build support for some kind of private sector funding. with some help from the nation's business leaders, let me bring in my chrome-finished party panel, kat timpf. and dave smith and republican strategist and author of gop gps. so evan, let me start with you. you like the infrastructure plan which i think is nonsense. >> i like the infrastructure plan because the sad reality the president is right on this. our roads and bridges are falling apart and they don't need little cosmetic changes, they needful scale overhaul. for the plan to work he will

need democrats. democrats have no incentive to work with the president because their base says you must deny him everything. but once they actually get democrats on board there is the question of how to pay for it. democrats will want tax hikes. republicans will want tax breaks. but they won't be able to find common ground. kennedy: i think it's insane to combine fax reform with infrastructure. i think you go after the conservatives with tax reform and do it the way it should be done. that's when you make the pivot to democrats. >> it's just trying to guarantee you are not going to have your own party support by doing that. we have never seen anyone like trump before. that's yes won. now we are seeing the problem with that is his whole job is working with traditional politicians.

so he seems to be having a hard time. kennedy: libertarians look at a $1 trillion price tag when you are making tax cuts tannin creasing military and entitlemenspending. how does that math work out for you? >> the math works out to leave with us the biggest debt in the history of mankind. if the united states government spends more money than any government in the history of governments has ever spent. you can calm it infrastructure spending or investments. we are talking about cutting taxes versus increasing spending. but kat is right. he says let's repeal an entitlement program. we see how easy that is to do. what trump is realizing is it

will be easier to get this done. to increase spending will be easy. kennedy: both parties are addicted to spending. president obama got just side of $700 million in infrastructure spending and that was after a big fight. the taxpayers will get hosed here. he will offer tax credits to all these big companies. if they are into public-private partnerships like there are on toll roads, the taxpayers ends up paying the toll on those as well. the trump administration is also running into trouble over funding the border wall. fiscal conservatives are bulking at the multi-billion dollar price tag. jeff sessions went down to the board tore pledge support.

the white house has been touting data suggesting immigration has plummeted since trump took office. sessions is the worst kinds of republican. >> i'm not going to answer that one out of self-incrimination. sessions streamlined the deportation process. if you were a federal prisoner serving a sentence. you have to wait until you get out of prison before the deportations begin. sessions expands the process so the hearings begin while you are in prison. also when it comes to the border wall we are seeing the president is realizing it's much more expensive and problematic because of the eminent domain factor. they put in a $25 million request to hire 20 lawyers

dealing exclusively with eminent domain. kennedy: that will be the biggest sticking point and the frack calculate of trying to extend a wall that long. john kelly says floils way we are building fence or wall along the entire southern united states. >> and it won't have the golden door that was promised. kennedy: jeff sessions is down there and they are snaight first two months of -- they are saying in the first two months of this year immigration has dropped off. and marijuana arrests in arizona are down significantly. >> this is a big problem jeff sessions is going to address. we'll make sure we get some more pot arrests. he read some people like ann coulter. they make some compelling arguments for demographic changes and democrats wants to flood in their own voters.

and there is some truth to those arguments. none of these big government policies can change that. or if you have think it second generation immigrants, we would have to turn america into such a this state would negate all the benefits of living in a with western country. kennedy: especially if it's extreme vetting means the government can take your fiend check out your social media sites before you step foot in this country. >> it will stop the problem of immigration because it will make america a worse place to live than mexico. >> i had a lot of fun in mexico. sessions is going down there to assess things. i'll bet you everyone was a lot fires in and nobody was trying to pull anything while he was there. he should just live on the

bored. at would work out perfectly. kennedy: he could gets the most adorable condo just south of tucson. kennedy: binoculars, whistle and a clipboard. who would want to come in with the ultimate gym coach standing watch. the party panel returns in a little bit. first president trump's strike on syria's military receiving support. but was it legal to launch that strike without approval of congress? judge napolitano says no.

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kennedy: president trump's missile strike in syria getting the stamp of approval from americans. 67% agree with his decision to strike. and also getting bipartisan support from surprising members in congress except for senators like rand paul and tim kaine.

they say the attacks were unconstitutional because they look formal authority from congress. did the president overstep his bounds and break the law with his actions in syria? judge napolitano? judge napolitano: in a word, yes. the constitution is very clear. congress declares war and the president wages war. the president has a 60-day window. it's very clear. it has to be an emergency to fight back or to cause a preemptive strike when one is imminent pounce or pursuant to a treaty. none of those situations applies with respect to syria. syria and the united states are both signatories of the u.n.

charter siernd by president truman and ratified by the united states senate. a treaty is the supreme law of the land alongside the constitution. the teethe sets forth the circumstances -- the treaty sets forth the circumstances under which a president can wage war. kennedy: you make a point that everyone was dturb bthe imagesf the dead and dying children. off course, but that disturbance does not create the legal basis for war. if the president of the united states can use the moral revulsion as a basis for attacking that government. there wouldn be no limit. kennedy: or the leader of any country to attack any country with whom they have moral and philosophical disagreements on. judge napolitano: presidents

have restraints on them. and treaties to which we are members basically follow the just war theory. war must be the last resort it must be proportional. it must be successful, and you can't use more force than is necessary. and you can only use force to fight back or prevent somebody from attacking you. can anyone seriously argue even if bashar al-assad did what donald trump says he did, gas his own people. there is a lot of intelligence information that he did not. there is a lot of intelligence information that the syrians with knowledge of the russians bombed a warehouse that had chemical weapons tonight and the plume moved on and killed innocent civilians. but even if he did what the

president said he did, how does that threaten the security of the united states. kennedy: that wathe claim he made thursday night. it seems you have to use a more forceful case. the amount of support he's gone the from democrats like nancy pelosi and charles schumer and elizabeth warren. judge napolitano: can the president use military force to teach somebody a lesson? no, that's not why he has the military. that's not an appropriate use. i was terrified when i heard rex tillerson say it's ready for regime change. huhow did that work in libya and iraq. kennedy: it seems he held the

opposite view he holds now. you have to wonder, is it because of the people surrounding him and what kinds of influence they have over his decision making? judge napolitano: i think the intelligence community which has far too much knowledge and power is against selectively revealing and selectively concealing to influence the intelligence of the president. he did not have all the intelligence in front of him at the time he made this decision. there are many members of the intelligence community that believe bashar al-assad had nothing to do with this. kennedy: thanks to people like you. is the trump administration operating smoothly or are they acting like a bunch of pre-teen siblings. time out for everyone. that's next. my business was built with passion...

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giving each other nuggies. getting his chief strategist steve bannon and his son-in-law jared kushner to finally work together. the two men do not get along. and it comes as we approach the president's first 100 days. here to answer that is ed henry. welcome back, ed. how much of this is palace intrigue and how much is distracting gossip. how important is it for how the country runs? ed: it is important. some of it is gossip. but the bottom line is the president needs to get his agenda on track. and the republicans won't have

anybody to blame if they don't get tax reform and repeal and replace obamacare. the democrats are being obstructionists. so people want them to govern. and i think what my reporting shows is that the president last friday got very direct with bannon and kushner and his son-in-law and what he specifically said was you guys straighten this out, i'm told by two of the president's advisors or i'm going to straighten it out. what does that mean? it means he's tired of it. kennedy: it seems he has taken steve bannon off as a permanent member of the national security council. jared kushner isn't going to stop being his son-in-law anytime soon. the president tasked him with so much. it appears curb numbers star

might be rising and bannon's waning. ed: i think bannon is holding the torch lit for the america first mantra of the inaugural address as well as the campaign. he's the keeper of the campaign promises. this was a president who as a candidate said america first and was going to be much different in his approach to the world. what we are seeing with kushner, this is a sharp difference where jared kushner is more of the wall street wing. he and gary cohn, former number two at goldman sachs. there are some in the bannon camp dismissing them as wall streeters, insiders that donald trump railed against. kennedy: they are obviously fighting for the soul of the presidency.

the president is not an ideologue. how different is this from obama's team of rivals? >> it's not much different than when you had donald trump and condi rice going at it. to your point i think a certain amount of this is palace intrigue. where i think they are not overplaying it and why i gave that reporting about what the president said, cut this out. the president actually thrives and he did in business, in having a team of rivals. kennedy: orchestrated chaos. ed: people are competing trying to get the best of each other. it's fine until it doesn't work it worked in the campaign. everyone kept counting him out and the president kept winning. in the first 100 days i won't say it stalled, but healthcare was a marker, that approach is not going to cut it all the time

in governing. kennedy: governing is different from campaigning. we'll see who has a job at the end of all this. ed: ryan priebus has been on the hot seat for a long time. bannon is somebody who is the balance las -- whois the ballas. so he may get a new title in may be a shuffling. but bannon will be in the orbit no matter what you call him. kennedy: thank you very much, ed henry. "jackie would b"jackie robinson" don't miss mari maria bartiromos exclusive interview with president trump.

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kennedy: the ceo of united airlines may be the last one to get dragged away after issuing a tone deaf statement after video showing a bloody passenger being dragged off a plane. >> oh, my god! no! kennedy: the ceo released a statement saying this is an upsetting event for all of us at united. i apologize for having to reaccommodate these passengers. the airline is getting slammed on twitter. the airline lost a billion dollars on the market today. it has since bounced back. but is it time for the embattled

airline to reaccommodate? dave smith and evan siegfried. kat, i'll start with you. i fly united way too much. the new york post is saying this doctor had his medical license taken away for 10 years. maybe he did some weird stuff and maybe he didn't. but you can't assume that a passenger has a net various past and treat him accordingly. there is no way the security officers would have known the guy had a checkered past. what's so much worse than getting beaten up on a plane is having your private life out there. reaccommodate. that's a joke and they are doing this serious are you. time for a firing and a sale of

vacation packages. kennedy: i'm flying united tomorrow. i'm looking forward to it. i feel like at some point i should throw a fit so i get a certificate for free travel. this passenger said i am not getting off the plane. to get to that level, at what point are you in the middle of this and you go, this okay. >> how is this flight different from any other? you can see that the way airlines treat passengers, they rights like calculate and a product and not human beings. and the security and chicago police highlighted that. kennedy: this could have been anyone. if you have been taken off a plate and deprived a seat.

we all have had these disappointing issues with airlines. >> keep your seat belt on because there is turbulence. >> what should concern everybody is how united has responded since. in 24 hours they put up three statement. the first one saying the passenger voluntarily refused to leave the plane so we called security. then we followed protocol. the other thing about oscar munoz, he's the former ceo of pepsi and they had a bad week. this is not a united failure. they had an issue and they called in a couple state thugs who came in and assaulted this man. kennedy: that's a public private

partnership that failed in this case. coming up, house republicans say paying subsidies to insurance companies is illegal. but the trump administration may continue to pay them anyway.

kennedy: the trump administration will reportedly continue paying obama care subjects does to insurance companies. the subsidies accommodate insurance companies for covering low-income subscribers. because of the uncertainty of the future insurers are projected to demand higher premiums. peter suiterman joins me. peter: the obamacare puts republicans in a difficult situation. if the administration were to

stop paying the subsidies. thee would see lots of people have their health insurance disrupted and perhaps millions of people could lose their health insurance entirely. this is a sign of how badly obamacare was put together and how much reform fist need. if you go back with the house republicans have filed suit against his -- against the subsidy. claiming they are illegal. a year ago a judge ruled the house republicans were right and the obama administration did not have the legal authority to make these payments they had been making. part of the obama administration's arguments in that case was this was a sloppily drafted law and they needed to do something to make it work and hold it all together. >> i don't think it was sloppy. i think this was another form of

corporate warfare -- welfare to get them on board with obamacare. let's say republicans had succeed and replaced obamacare with the ahca. would that have necessity gate this problem for the white house? peter: it would have negated whether to continue to make the payments. however, the republican bill made them legal. so this is again the ahca maintains the fundamental structure of obamacare. this is one of the criticisms of it fan the reason republicans had to drop bill at the last minute, it's because of this. when you build a system like this, when you rely on a system that is obamacare light in nature, a big part of that means giving insurers money.

whether that means giving money to people to spend. whether that means as obamacare does paying insurers subsidies directly, you ends up having to funnel federal money to insurance companies. kennedy: now what happens where county future of healthcare. the house speaker and the vice president have been working with the various factions in congress to move forward with a new version of the bill. how does it change that process? peter: there are two ways to look at it. you can say this provides uncertainty for insurers and makes it unlikely they will day in the market this year. insurers are saying maybe we'll pull out of the market set up by obamacare. this makes it probable that insurers will stay in. on the other hand.

it leaves some uncertainty in place because the trump administration's statement on this was basically, precedent is we keep paying these things. so it would be fair to say no policy change has been made. which means that a policy change could be made at some point. they might not follow precedent. the suit was delayed after the election as republicans looked and said wait now we are in charge of the affordable care act, this messy written statute. republicans never figured out what they want to do to re-place obamacare. kennedy: it's said no one is

really sure if obamacare is in a death spiral. coming up, class action park. we'll tell you about an amususususus hi my name is tom. i'm raph. my name is anne. i'm one of the real live attorneys you can talk to through legalzoom. don't let unanswered legal questions hold you up, because we're here, we're here, and we've got your back. legalzoom. legal help is here.

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for oab symptoms of urgency, frequency and leakage. it's the first and only oab treatment in its class. myrbetriq may cause serious allergic reactions. if you experience swelling of the face, lips, throat or tongue, or difficulty breathing, stop taking myrbetriq and tell your doctor right away. myrbetriq may increase blood pressure. tell your doctor right away if you have trouble emptying your bladder or have a weak urine stream. myrbetriq may affect or be affected by other medications. before taking myrbetriq, tell your doctor if you have liver or kidney problems. common side effects include increased blood pressure, common cold symptoms, urinary tract ction, constipation, diarrhea, dizziness and headache. okay, time to do this! don't let your bladder always take the lead. ask your doctor if myrbetriq is right for you. and visit myrbetriq.com to learn more. kennedy: motivational speakers often say it's not whether you fall down in life, but whether you get back up.

which is also united airlines new slogan. this the "topical storm." topic number one. a 22-year-old brazilian man is trying to become a real-life merks rman. he spends his night smoke the weed michael phelps left behind after the summer olympics. he says being a merman brings him peace. but rio says it's only a matter of time before another merks rman swims up and mugged him. his sister shared her feeling on the story. someone just got band from best buy. topic number two.

donald trump, vladimir putin and kim jong-un have not decided to settle their disputes with a dance contest. these masks were designed at monster palooza. monster palooza is a lot like comcomicon, but without women. it's a dog eat dog world out there. or man eat dog if you are kim jong-un. last year the tom brady mask was so realistic. it costs over $5,000. though some say that number was deflated. oh, tom.

topic number three. m.i.t. press has released a book called communism for kids which teaches children the joyous tenets of carl marx. the book said though communism has failed repeatedly, the real problem is it hasn't been implemented properly. according to the amazon page, people who liked it also like vodka and smuggled levis. topic four. queen elizabeth took time out from her busy schedule to visit the elephants in a british zoo. he will be hello. where is my pachyderm?

the queen and prince philip met with nine asian elephants including one named elizabeth that was named a her. the queen has been in the news quite a bit. it was revealed she wears a secret ring that she twists to alert her staffers that she is done talking to a visitor. topic number five. a lot of people think american theme parks have the scariest rides on earth. but a french fairground is giving us a run for our money. this woman got on the swing ride but her harness didn't feel like working. so she is dangling through the air hanging by her feet.

witnesses say the woman came inches from hitting the ground. never get on a fride if the operator loo like i gets paid in ... the park apologized profusely to the woman and gave her free tickets to their safari. he's damaging by his feet, too. just another fun day. thank you for watching the show tonight. i adored he moment of it. follow me on facebook and instagram @kennedynation and email me at

kennedyfbn@foxbusiness.com. i'm going on vacation for a couple of days. i'm so excited about spring break. i'll see you later. a paid advertisement for time life's music collection. ♪ chances are 'cause i wear a silly grin ♪ there are artists we'll always remember... ♪ mona lisa, mona lisa ♪ men have named you there are beautiful songs, words and memories that will always touch our hearts... ♪ it's impossible ♪ to tell the sun to leave the sky ♪ ♪ it's just impossible this is the music of your life.