tomorrow night congressman ron desantos and louie gohmert among our guests. be sure to join us. thanks for being with us. good night from new york. kennedy: democrats hyperventilating over the latest report over donald trump and james comey. but was it really obstruction of justice? judge andrew napolitano is here. thomas massie is going to answer a few questions. new york the latest state to flip for single-payer healthcare. when will everybody learn? are we seeing the beginning of a mutiny within the republican party? with several high-profile gopers voicing their concerns, gorging on drama has the party bursting at the seams.

>> we could do with a little less drama from the white house on a lot of things so we can focus on our agenda. kennedy: the bad news for congressional republicans is exhausting distractions takes the focus off the crappy healthcare bill and watered down tax reform. the really bad news is if enough of them feel power leaving their greasy grasp they will hit the panic button and eject the president. the former f.b.i. director was nancy notetaker and jotted down all the disconcerting statement he had with the president. comey's diary entries could be president trump's anvil and it looks like he's considering

taking some company on the hand cart to hell. if the president is not careful and continues with what appalachian trail hiker mark stanford calls. he may turn his tourniquet into a noose. glad you are with me. we'll talk to thomas massie about the agenda problems. but the bombshell that president trump asked james comey to drop the flynn investigation. was it really obstruction of justice? and what does that mean in the first place? there is no one better to ask

than fox news senior judicial an this judge andrew napolitano. these are crazy times. another day, another story. judge napolitano: i have been critical of a least our colleagues lawyers and non-lawyers who concluded there is a there there or there is not a there there, if you follow me on the basis of the "new york times" report. jim comey, we all know this, a lot of lawyers do this. almost all prosecutors do it and every f.b.i. agent does it, keeps notes of conversations. by my county had five acknowledged conversations with the president, two by telephone and three in person. we need to see the context, the contents and the tone of those notes to see the nature of the relationship between the two of them. was donald trump just saying the general is a good guy, or was donald trump saying to the chief federal investigator of the

united states government i don't want him prosecuted? kennedy: there has to be intent on the part of the president to really stop the investigation. how do you prove intent to obstruct justice? judge napolitano: you infer intent from the word the person used. james comey's people, one of the f.b.i. agents who leaked this memo are pretty adamant about the word that he used, can you see your way to let this go. that is an attempt to sidetrack an investigation. but we need to know the context in which it was stated. we need to know what preceded it and what followed it. and we need to know what was discussed by them at other times. obstruction of justice can consist of anything from destroying evidence to intimidating or bribing with a witness, firing a prosecutor, sidetracking an investigation, anything that interferes with

the normal investigative process. we don't know what the president intended. but we can infer from those words if it's established those were those words. it will be a he said/he said. trump's people would say he didn't say that, he said this. comey will say i was there, i heard him and he said this. was it taped? if the russians can tape the president in the oval office the was the president taping them? and was he taping his conversations with james comey? these are tantalizing questions to which we don't have the answers yet. kennedy: there is a rush to judgment. and part of it is people have been worn down by one story after another and spending so much energy trying to figure out at is true. and there is so much rush to judgment on the rt of politicians and journalists that the truth is sacrificed if for

no other reason than there is such a massive amount of material. there are so many stories and so much to sift through. judge napolitano: this impression which has been generated by a lot of well-intended people including some of our colleagues have argued there is a federal statute that would require jim comey to report to his superiors in the justice department or to the congress or to the public any statement he heard from the president which could be characterrised as part -- characterized as a plan to obstruct the investigation. it would be foolhardy for him to report something mid-stream until he saw where it was going. kennedy: do you think it letter he submitted to congress influenced him holding back? judge napolitano: i hope not. when he was interrogated about

that they are where he announced the reopening the hillary investigation on the basis of anthony weiner's laptop, he has justified that by saying i personally promised this committee i would report on any new developments on the case. i made the promise under oath and i had to send the letter. but that's at least a rational basis for his having said that. but the idea of reporting a snapshot of a criminal investigation because something untoward enters the investigation is against tall prudent investigative policies. kennedy: are you surprised the then director withheld those memos from the investigation file so agents wouldn't be influenced by those conversations? >> we don't note recipients of the memos. he may have sent those memos to the public integrity section of

the justice department. it would have been a prudent and proper thing to do. he may have send them to deputy turn general sessions. or the public integrity section of the f.b.i., that would be prudent. if he just kept it on his laptop, that would be odd. judge napolitano: expect memos of all these conversations and expect them sooner than later. kennedy: whether this rise to the level of obstruction of justice. lawmakers on both sides of the aisle are pushing for an investigation. democrats wants an independent commission. >> it brings an independent body that will follow the facts wherever they lead. not as a substitute to what we

are doing in congress. but an important additive much as was the case after 9/11. kennedy: some republicans like jason chaffetz want the f.b.i. to turn over any relevant memos. >> if there are such memos, we would like to see that. if i need to issue a subpoena, then i will issue a subpoena. kennedy: jessica tarlov, guy benson, and senior editor at the federalist *, mollie hemingway. i will start with you, mollie. what do you think the purpose of this leak was? this particular one where the senior f.b.i. agent reached out to the "new york times" and read part of the memo. mollie: comey and his associates

reached out to the "new york times" specifically sow jason chaffetz would have for the memos. kennedy: i want to make a little bit of a distinction. is it to influence who the next f.b.i. direct is your or to bring down the president. mollie: yes definitely. we are in a coordinated campaign that has larger goals of undermining the presidency. but to fund might presidency you hold up sessions from being appointed. all these different people you want to keep from being at the agency. it's clear we didn't have a good investigation beginning to who was leaking from the f.b.i., in some cases criminal leaks. we didn't have an indication that combr comey was digging into that. but they don't want someone to do a good job of investigating

those leaks. kennedy: do you think comey wants to testify and appear before congress again? guy * under mollie's theory, yes. whether there is a concerted effort to bring down the presidency. the question is is that true? and we don't know that yet. i thought your conversation with the judge was i illuminating. prudent. let's wait and see what the memos show. what's the pattern of memos. are they also in existence for comey's discussion with hillary clinton and lower letta lynch and i would be interested in seeing those as well. kennedy: are democrats starting to with hold the calls for impeachment? some of them have been very

loose with the "i" word. but as some of these charges become more serious -- jessica: i don't know what maxine waters is up to today. a representative from texas has stood up and called for that in the house. it feeds a message to the base of the democrat party and disgruntled moderate republicans who are not interested in this presidency because republican agenda is in complete tatters. kennedy: they can't focus on necessary stuff. and the endless drama in the white house putting lawmakers in a sticky situation. all the side shows are threatening to derail the agenda and they are worried about the effect it can ve on the 2018

mid-term election. mollie, at what point does this reach critical mass? mollie: i had a professor who said all members of congress should be given access to women, cocaine and money if they would stop ruining people's lives. but the republicans have no excuse for note pursuing their agenda. it should be easier to pursue their agenda while there are these distractions at the white house. kennedy: do you have to operate under a massive spotlight. what a better time to channel this nervous energy into crafting better bills. mollie: this white house doesn't seem to be interested in the particulars of policy, that gives you more reason why you can run free. what worries you most? guy: in what respect? the agenda?

kennedy: the republican party and members starting to peel off and publicly voice a lafng confidence in the president. guy: what worries me is democrats sitting back, pointing at the president and pointing at a president who is getting increasingly unpopular and saying we are note that, come to us. some are saying we have to stick with trump, others will jump off the bands wagon as soon as they can. i think there will be an opportunity to do a dual track thing. have the scandal show on one bands wagon since we have all these bands wagons. and you are moving forward as if this isn't happening. working not in the shadows but with less scrutiny on legislation and make progress behind the scenes while the other stuff is stealing all the media attention. last thing, judges.

judges nominated 11 lower-court judges. will those nominations be put into jeopardy because of this cloud? that worries me. kennedy: what is the worst case scenario for democrats. jessica: that we don't win the 2018 elections. because i think we don't focus on policies we could still end up losing there. if you don't have more money in your pocket and if your obamacare which is here to stay and should be modified and i think responsible democrats can talk about that, there are still problems with the democratic agenda for the average american. low turnout and it could be the same thing again like donald trump gets in there. kennedy: you have voters who are so turned off -- jessica: 2018 will be less appealing than 2016.

kennedy: i don't know if that's follows jessica: i thi it is possible. kennedy: will congressional frustration with the administration impact the work that needs to be done on capitol hill? i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com. we cut the price of trades to give investors even more value.

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kennedy: before the break we discussed how republicans are reportedly getting worried about moving forward with their agenda and we are talking about big-ticket items. healthcare, tax reform and job creation. so are republicans truly nervous? let me ask one of them right now. kentucky republican congressman thomas massie. welcome back. i am intrigued and like you, a little bit nervous about the goings on in washington, d.c. tell me about your view from the grounds. >> up here in d.c. i witnessed the democrats employing their weapons of mass distraction. trump is battling the deep state.

people that who were in the admin before and will be in the administration after trying to undermine his agenda. what democrats are terrified of, that trump will succeed. th he will cut taxes and stimulates the economy. if we see our economy come back for the first time in 17 years, then trump is going to win reelection. people vote with their wallets and the democrats are terrified trump will bring our economy back from the precipice. kennedy: if they are successful in dethroning this president, they will have a more effective president in mike pence who is more an establishment politician who will work the system differently and more efficiently.

i want to ask you about one of your colleagues, justin amash, he said that if the contents of the comey memo are true, that may be grounds for impeachment. do you agree with that statement? >> you know, i don't. i just talked to my buddy justin amash on the floor of the house. he qualified his statement. if it's true. sof what we are talking about here is a verbal conveyance of an alleged memo from an unnamed associate who could be described as a disgruntled former employ yeast administration reported through a biased news srce. you ve that one one side. and then you have the official white house statement on the other. i'll go with the official white house statement until we get more facts on the table.

we just announced the oversight committee on which i served is going to have a hearing next wednesday on the f.b.i.'s independence. and in fact james comey has been invited our chairman jason chaffetz to attend that hearing. kennedy: do you have think he will attend? does he have to be compelled? how do you get him to show up? there are a lot of people on your committee and a lot of voters who were concerned and have a lot of pictures they would like to see answered. >> we have the power of subpoena in the oversight committee. but i doubt that will be necessary. i think there is a high chance, a good chance james comey will want to attend. he conveyed through intermediaries that he's interested in testifying in a formal setting.

kennedy: what is the feeling among some of your republican counterparts. do you think the former f.b.i. director is lying. >> i don't want to say that. but let me say i wish he were as diligent transcribing hillary clinton's interview with the f.b.i. before he decided not to prosecute her as he has been allegedly in trying to transcribe his conversations with his boss. literally when he interviewed hillary clinton he made sure there was no transcript and no recording of the interview. we found that out much to our frustration in the oversight committee last summer. so hopefully he will be forthcoming. but you have to question why was he going back and transcribing his conversation with the president of the united states. if he did think there was something illegitimate. he was under legal obligation, if he thought there was evidence

of a crime, he was legally obligated to submit that to the department of justice. as far as i know, he did not. we have a great committee there, and by the way, i know this sound corny, but if you have viewers who want questions asked of james comey, go to my facebook page congressman thomas massie and post your questions there. i'll put a thread up where they can post questions. kennedy: that's a great idea. that's one thing you and congressman amash have done very well is utilize social media for voter interaction. knowing some othe people and having met them in your office, they will go through those questions and i wouldn't be surprised to see some of them asked. kennedy: one of our presidents will be in israel where there

could be evening over his intelligence mishap with the russian minister. what kind of reception can the

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a "new york times" report that president trump passed classified information to his minister. but the "times" is sticking with the story. the president is stopping in israel for his first overseas trip. trip. joining us is lieutenant colonel ralph peters. a lot of people on the trite downplaying the conversation between the president and russian diplomats. what do you make of it, and does it rise to the level of seriousness some on the left are claiming? >> first of all, politicizing this, the politicization by the left and the right is disgraceful. this isn't about scoring political points. it's about our national

security, and what president trump did in a fit of ehuasm or sheer stupidity compromised classified material to all people, the russians. even a novice intelligence analyst can take what the president allegedly told them and infer the sources and methods. it's not hard to do. i have been hearing, oh, the president has a legal right to do this. kennedy: one of the things people in the intelligence community have spoken about say he can declassify information on the spot. >> he has the authority to declassify anything generated u.s. intelligence agencies. not to be arbitrarily classified the information we got under strict protocols from foreign

allies. compromising the information from israel was a really bad thing. it not only tipped the russians and isis by extension that there is a source somewhere high in the isis regime. but also it makes not only the israelis, but all of our other allies wary of sharing vital intelligence with us. the israelis need us, they need our support. kennedy: they are not a tough time. they can't pick a fight. but how does it affect our intelligence sharing and does it? >> it's unlikely they would share as much detail from such a highly placed source. chances are good this source will be found out and tortured to death.

this is real stuff. i don't think the president was trying to damage our country. but he's child-like. like a kid showing off a shiny bicycle. saying i have got all this intelligence, i have got this and this, and you cannot do it. while has the authority. there is a process. i know of no instance in which this covert, even names of the programs are classified. no president's declassified code words. but if you want to, if the president wanted to declassify it, the way would be to run it by the relevant agency and say do you object to this. you can't impulsively do this. it does real harm to the security of the united states and our allies.

not politicizing it it was a big boo-boo and you can't worm out of it. give it to the russians. this belief on the part of the president that he can win friends and influence people -- kennedy: every president thinks he will be friends with putin. they consider turkey to be an ally. >> even the previous two presidents have not given highly classified material directly to the russians 367 they haven't don't. putin is our enemy. putin is a rabid dog. you can feed him all the steak you want and he will still fight you. kennedy: hah for your time, i -- thank you for your time, i appreciate it. first there was the summer of love. now there is the sum early of resistance. the dnc is planning to spend $1

million to hand hold anti-trump events this summer. is it money well spent? let me ask my returning party poornl. jessica tarlov. tom perez is the new guy in town. he wants this great resistance. as you points out earlier in the show, resistance doesn't pair of ideas and it doesn't help the economy. jessica: it's just a million dollars. but i do think they are usually important. and we talked about this last time you were so kind to have me on your panel, the rallies and the town halls and the marches have been helpful in keeping enthusiasm up.

the women's march -- you don't want people to get disinterested. kennedy: but that's just a few loud people. jessica: it many millions of people, not just a few. guy: the democrats are saying they hope the summer of resistance goes better than the summer of recovery. if i were them, i would pick my spots, fight where trump is most vulnerable, do some of these rallies, try to keep intensity up. but then just sit back and be not trump. there is a new gallup poll. there is a new gallup poll that shows since november the republican party's favorability rating has remained the same and

the democrats have come down 6 points to be tied with the republicans. the democrats have lost standing. mollie: donald trump's super power is that he seems to make everybody else act even worse thane is. the challenge is to take this public protest movement and make it so you out of people and not just beating up on people. kennedy: we have had some interesting discussions, and thank you all for your big brains. democrats in the new york state asemmably voted on a single payer healthcare bill yesterday. will it give the left a spark in their national push? how many states have a single payer healthcare plan? is it 12, 6, 4 or zero. i am totally blind.

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colossal tax increases required. the democratic state assembly passed a medicare for all bill yesterday that faces an uphill climb in the republican-controlled senate. peter suderman, welcome back. you said that conservative estimate for one state single-payer healthcare system was $91 billion. what would that do to taxpayers in the empire state? >> well, if you think about what new york state did for their entire budget, their whole state budget was $71 billion. and when this plan gets voted into place it would go into

effect in 2019. and at that points every state service in the entire state of new york two cause about $82 billion. so the conservative estimate that single payer will save us a whole lot of money thinks they would have to double taxes in the state of new york which is already one of the highest tax states in the country, they would have to double taxes to pay for this. a better estimate is this would cost $200 billion a year. kennedy: that's' a me nominal amount often -- a phenomenal amount of money for one state. >> the conservative estimate, the $90 billion estimate is by a supporter of the program who thinks single-payer is a good idea and it would save. kennedy: where do they predict that savings? >> they say the government is more efficient at running

healthcare than the private sector, and when you transition everything to the government you save money in administrative costs and overhead, there is no profit margin. insurance company profit markets are typically low. 3% to 4%. but whenever we start government health insurance program, they almost always come in over budget. look at medicare. it's the one single-payer system we have run by the federal government. a program for seniors. when it went into effect in the first year the hospital costs for 400%. four times higher than the estimate. this is typically what happens. the conservative estimate by the supporter of $90 billion is probably way off. kennedy: the same people who do the cost estimates are the same ones who estimate what

high-speed trains will cost. >> government programs tend to come in over budget. and the savings people think they are going to get never materialize. even if you are looking at the numbers put together by supporters, look at vermont. vermont is one of the most liberal states in the country. kennedy: and they couldn't do it. we are out of time but we are never out of affection for you and your data hi driven brain. thanks so much for being here. coming up, we found a golf story that doesn't involve president trump or obama. trump or obama. but it may still reqeqeqeqeq ♪ trump or obama. but it may still reqeqeqeqeq here comes the fun with sea-doo.

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kennedy: an 8-year-old girl in florida was arrested yesterday for burglarizing a car. in the florida court system she is known as a late bloomer. roll up your windows and lock your doors because this is the "topical storm." topic number one. let's take a trip to texas where a golfer took a swing that was so bad it woke up half the viewers on the golf channel.

look at this. you are watching a drunk man swing and miss and fall on his face. this guy plays like a modern day tiger woods. but look at all the booze on his table, tiger never drinks that much. it doesn't look like tiger is going to break jack nicklaus'' record but he's closing in on wilt claim chamberlain. delta scored the best for on-time flights.

united scored first in customer beatings and rabbit cremation. look at this. southwest also recognized for their innovative new boarding procedure. they have had so many fistfights like the one you see now. they are seating customers by weight class. spirit airlines has the highest number of complaints. they actually charge $5 for calling the help line. i'm kidding. they don't have a help line. topic number three. speak of things that were popular in the 80s.

jon bonjovi gave a surprise performance on tuesday at the commencement ceremony. now, it was a surprise performance because none of the student knew who he was. they were like, is that bonnie bear? no, it's about obamacare. he sings that song about bad medicine. witnesses say the band played a new song called "reunion" and closed with a special rendition to "never say good-bye" to their student loans. topic number four. katy perry officially signed on to be a judge on "american idol."

though i'm not sure judgment is her forte. but she persisted. the show did not reveal hot other judges are. but one singer has chris dutrie on the panel. it create a job opening at the denies in tuscaloosa. hopefully she does a better job of picking a winner than she did during the election. i am with her. topic number five. a texas woman set the internet on fire by walking through traffic on a houston free way during rush hour. oh, dear lord. first there was the h.o.v. lane, now there is the catcalling lane. hey, sweet thing.

i would like to take you to shoenie's. there is no word on why she was walk or what she is hoping to get out of it it's like the women's march without the embarrassing hat. >> i am a nasty woman. kennedy: who apparently just had a stroke. that was ashley judd. look for her in the next "sharknado" movie. the hottest toys on the market -- why are some liberals claiming they are racist. i'll he can rarararara

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kennedy: spinners. look at that that. they are white supremacy tools that promote selfishness. the fun nazis are goose stepping over the latest toy fad. there it is. in a gross overreaction a writer calls it the perfect toy for the age of trump.

it does not even courage its owners to take anyone's feelings or needs into account. it induce solipsin, selfishness and outright rudeness. it's clear this irrational hillary fan wouldn't know fun if it came up and slapped her chastity belt with a ping-pong paddle. these toys are harmless and useless. they will be gone in a week. just because joy has passed you by and you arenable to enjoy cultural flourishes. you can follow me on twitter and

instagram. email kennedyfbn@foxbusiness.com. and tomorrow on the show, ohio congressman jim jordan. and matt welch. >> announcer: the following paid presentation is proudly sponsored by samsung, delivering you innovation and technology and quality connected home electronics, appliances, televisions, computers, and tablets. samsung -- bring it home. how would you like to come home to a house that is fresh and clean? it just feels brighter and fresher. how would you feel about your home if it always seemed housekeeping just left? happy? relaxed? how about if your carpet and floors were vacuumed automatically or even on-demand? the future is here. >> as a mom and as a woman who's in charge of keeping her house clean and tidy, you definitely need one of these. i mean, you can turn it on, you can leave the house, and you can return home, and your house is cl