i think is very disturbing. >> nick adams, mark simone, thank you very much. gentlemen. thank you so much for joining us. gordon chang and chris farrell are among our guests tomorrow. we'll see you then. judge napolitano: the rallies and violence in charlottesville. did north korean dictator kim jong-un bling first in his nuclear standoff with president trump. and what does it mean for the prospect of war. is the nsa still spying on us despite the court orders to knock it off? all that and more tonight on "kennedy." the purpose of the first amendment is to even courage open, wide, and rebust debate about the purpose of the government and the people who run it.

it's antithetical for the government to decide what speech is acceptable. when the police in charlottesville declined to impose order, they allows the hecklers veto to silence speech. and it's unconstitutional. it's the functional equivalent of government taking sides and censoring the speech it hates or fears. the remedy is not to silence or censor it. the remedy is more speech to challenge the hatred, speech to educate the haters. speech to expose their moral vacuity. the american promise of the right to pursue happiness is only as good as those in

government who protect it and in charlottesville the government failed us. i'm judge andrew napolitano in for kennedy tonight. attorney general jeff sessions viewed to defend protesters against lay tread and bigotry and promised to take vigorous action to defend the rights of americans. but should protecting the first amendment be the primary goal and lesson after charlottesville? let's bring in my panel. jessica tarlov, town hall.com editor guy benson and comedian and host of abe lincoln's top hat podcast. jessica, did i go wrong in my comment earlier about the first amendment protects hate speech.

jessica: no you did not. but the events have a number of sane people consider that topic more seriously. i know we are not rewriting the constitution here. but it's complicated when you think about the implications of some speech and causing bodily harm if police lay back and allow things to get out of control. judge napolitano: we don't know why police laid back but they did. and they admitted it in the press conference. isn't the police laying back their failure to protect the speaker and the audience and didn't it contribute to the melee that resulted in somebody's death. guy: i'm not going to blame the police for what happened. i'll blame the police for what happened. but when you have these groups coming together you will have clashes. we have seen in various citiesn

at different events, when you get the right wing fascist and left-wing fascist, they are out for blood. you need to have the police do their job and prevent as you say that heckler's veto. judge napolitano: the job of the police is to make sure the speaker can be heard and the audience can hear him and respond to him without violence. >> the people who attended this rally were nerds who dressed like assistant coaches. they are abhorrent and horrible human beings. as soon as they infringe and another person's first amendment right via violence they need to be held accountable. judge napolitano: are there groups that would want to make it unlawful for the organizer of this rally to say what he said

about white supremacy into that microphone? jessica: there are snowflakes that live on the left and snow flakes that live on the right. i think a dearth of understanding of what the constitution protects for americans. would i push i don't have to hear from a richard spencer again? absolutely. but i respect his right to say what he has to say. judge napolitano: how dangerous could it be if jeff sessions could prosecute spencer for his speech. guy: very dangerous. there is a lot of snowflakery across the board. i think that you are exactly right. once you start giving the government power to decide what speech has to be shut down or could be prosecuted, i think that is a path that absolutely

we should not traverse. >> guy points out the left's problem with free speech. i point out the right's problem with free speech. there is a massive majority of people in this country who want both sides to get with it and understand the constitution. judge napolitano: they need a lesson on the constitution. president trump meade his first trip to trump tower since the incident. thousands of protesters gathered outside the president's mid-town manhattan residence in response to his response to the charlottesville violence saturday. they say he didn't go far enough in condemning white supremacists.

should he have articulated the names of the group? should he have been as direct saturday as monday? jessica: absolutely. i don't know many people who feel his message would have been hurt by saying neo-nazi or white supremacist. judge napolitano: what do your friends on the left say is the reason why he didn't say neo-nazi, kkk, white supremacist until a battering ram of criticism pushed him there. jessica: some say it's because he's fundamentally a racist. he puts down minority groups and did on the campaign trail. i would say other people, more balanced people would say it's steve bannon who did not want him to call them out by their name.

another explanation is he's weak. he thinks of these people as part of his base. there aren't enough of them to constitute your base. judge napolitano: guy, is there anything he could have said that would have helped. guy: some on the left will look for any possible reason to come after him. >> the fact that we had to pull teeth to get our president to denounce white supremacists and nazis is ridiculous. 34% approval rating 7 months into a presidency. he's terrified of losing this solidified base that will support him. judge napolitano: the justice department has reportedly

requested information on visitors to a website. they asked dream host to hand over the i.p. addresses of 1.3 million visitors. dream host is refusing to comply, arguing it would have a chilling effect on free speech. i think they have a case. guy: this is distressing. can you imagine if eric holder did this to keep the crowds away from barack obama? guy: we do have a left-wing violence problem in america. there have been riots. if the fbi or doj wants to go after specific people to incited riots, they can get a narrow warrant to go after them. asking for the i.p. addresses of

over a million people because they visited a website, i'm not okay with that. judge napolitano: demanding to know the i.d. of everyone goes to a website. jessica: it would be horrible. but jeff sessions doesn't call me and i'm sure the president isn't a fan of mine since we know he's watching at this moment. it's disturbing. if this happened with eric holder the right would be exploding and i think a lot of the left would be as well. when you say there are left-wing groups, many of these people are anarchists and they just wants to cause trouble. >> this is total hypocrisy from the right who promised to be limited government. judge napolitano: we are talking about jeff sessions.

>> jeff sessions is one of the worst attorney generals in u.s. history. 367 he wants to infringe on state's rights to legalized marijuana. this is a situation that is a complete slap in the face to libertarians and conservatives who supported donald trump. judge napolitano: you were not surprised this morning when you learned they did this? >> it was not shocking. jessica: the president says he loves answer respects the first amendment. judge napolitano: the panel returns a little later. but first the deadly violence in charlottesville causing lawmakers in confederate states moving to take down statues. police say those responsible could face vandalism charges. while you can tear down a

monument, is it possible or even right to try to erase its history. let me bring in the host of the richard fowler show. let's get right to it. we probably disagree on this. but i want you to change my mind, if you can. can we erase memory. if it's a bad memory don't we want it to hang around as a reminder to a place we should never go again. >> i think memory belongs in textbooks or museums. my grandmother would say you never want to forget where you came from because you have the ability to repeat it again. we need to remember what the civil war represents which is 400 years enslavement of african-american people. but the ideal of statues and monuments and statues honoring

this ideal is wrong. judge napolitano: for me and -- for you and me who condemn slavery, it's not honoring them. it's reminding us of the futility and horror of their cause. don't we want to be reminds of that more frequently than when we consult the textbook? isn't it only dictators who try to change the memory of history? >> let's put this on another foot, if we can. i think we would be shocked if we were walking down the streets berlin and saw a statue of hitler in the middle of the town square or walking down the streets of johannesburg and we were to see a monument to apartheid. we would be shocked by that. the idea in america we have monuments and statues to the civil war should sort of bring up that same feeling of shock

and that same feeling of horror. that's why people are making the argument these statues should come down not today, not tomorrow, but right now. judge napolitano: let me ask you this. where does this stop? weren't the pyramids built by slaves. didn't jefferson and washington and madison and monroe all own slaves? should we wipe all of that from our memory, too? >> i don't think we can erase slavery in the united states. there is no question our founders called a peculiar institution. we can't erase it from history. but the fact there were individuals who fought to keep it around and some of their quotes are legendary talking about why we should protect it and why people like me are subhuman we are not equal. those statues should not remain in this country and should not

be honored. judge napolitano: a statue of woodrow wilson was removed because he separated the military workforce on the basis of race. >> i any georgetown university had a debate a couple weeks back and changed their building names. the university said we are going to change all of our building names to reflect the facts that georgetown university does not represent slave owners. that's not who we are today, that does not reflect our student body and who we are as a community. this is happening all across the country. what happened in charlottesville, and these neonazis and idea of white supremacy can only live in an

era where we prop this up. judge napolitano: should people take it into their own hands and destroy the statues or wait for the government to do so. >> i give a shout-out to the people in raleigh-durham for taking down that statue. judge napolitano: kim jong-un is backing off his threat to attack guam.

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i'm the new sleep number 360 smart bed. let's meet at a sleep number store. judge napolitano: kim jong-un backed off his threat to launch missiles pat guam. he declared that the u.s. should halt its arrogant provocation. joining me now to discuss is the former united states ambassador to the u.n., and fox news contributor. ambassador, to that question, is it realistic that we could rid them of their nuclear weapons without an invasion of the country? >> there are two aspects to that. there is a diplomatic strategy still available to us.

i don't think it has anything to do with trying to persuade the north korean leadership to you give up its nuclear weapons. look at clien china and making a careful argument to them that it's in china's national interest to reunite the two koreas. there is a path there. it's hard, it's complicated. but i think there is a realistic chance of doing that. >> isn't he utterly cash suffered and wouldn't he do almost anything for cash like maybe sell nuclear weapons to some radical terrorist organization or sell them to the chinese and get rid of them. >> or sell them to iran. you put your finger on an important part when we talk about sanctioning north korea. it's a desperately poor country. its partner in crime in iran has

been enriched to the tune of $150 billion in unfrozen assets and deals now that the sanctions on them have been lifted. there is a lot of collusion between iran and north korea. it's in both their interests to keep each other happy. no matter what china or russia do on the sanctions, iran is there to help the north koreans out. judge napolitano: does the trump administration as articulated in yesterday's "wall street journal" and secretaries mattis and tillerson have a better handle on this than the obama administration or is it same old-same sold when it comes to kim jong-un. >> sadly it's same old-same old. a few days before obama national security advisor susan rice wrote a piece acknowledging this effort through carrots and

sticks and incentives and disincentives to persuade north korea to give you have its nuclear weapons failed. mattis and tillerson say they want north korea dekne -- denuclearized. but they are proposing the same path. judge napolitano: is nuclear weapons in the hands of bad regimes, re jeements that wish us i will ultimately inevitable? can they bribe a scientist to give them the wherewithal to give them nuclear weaponry? >> each new country that gets a nuclear weapon capability inspires others to do the same.

stopping north korea and iran is so important. but i tell you, even if i were to concede the points like it's trying to sweep back the sea and the spread of nuclear weapons is inevitable and the danger and risk they pose is enormous. give me the broom. judge napolitano: folks in north korea say they can restart their nuclear program in hours. if so what is the point of the agreement president obama entered into them. >> to get this deal the iranians make team prairie concessions on their nuclear program. they are saying you signed a rotten deal, don't push us because we can reactivate everything we have given up in a heartbeat and they are essentially correct. judge napolitano: are we on the

verge of military option in venezuela? >> you have got a collapse of a civil society. you have got iranians in there because venezuela has the second largest reserve of oil outside of saudi arabia. the chance of venezuela is a threat to peace and security. i think we need to help the venezuelans. i don't see a military option involved here that i understand anyway. judge napolitano: california has become the first state to sue the trump administration over the denial of funds for sanctuary cities. the panel returns to discuss right after the break. ♪

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though i'm smart enough to. i'm the new sleep number 360 smart bed. let's meet at a sleep number store. judge napolitano: the nsa claims it only spies when it has a warrant. but a former intelligence officer and current whistleblower is challenging that. with us is the well-known whistleblower. is it true that the nsa has the capability and does in fact spy on everybody all the time everywhere in the u.s.?

>> yes, and they have about 100 tapping points inside the 48 states of the united states to make that possible. they also have similar array of tapping devices around the world and they have cooperation with the u.k. and gchq, canada, australia and new zealand. they try to capture everything in the world. judge napolitano: isn't everything in the world such massive information overload that they will miss things as complexion as san bernardino, and orlando or this nut job driving his car into a crowd in charlottesville? >> yes, they have been consistent with doing exactly that. they should have focused look at known or extensions from known terrorists or criminals. that would give them -- all these people that committed crimes and terrorist attacks

even before 9/11 would have been picked up by doing that. judge napolitano: the nsa claims they follow the law and go to the fisa court. is this just a charade, the fisa court's involvement in nsa spying on americans? >> yes. the real spying is done under executive order. they use that to authorize this bulk acquisition of everybody. none of that is coordinated with the nice ra court. that's -- with the fisa courts. even the intelligence committees don't know the extent of what's going on there. judge napolitano: how do we stop this? >> the easiest way would be to cut their budget. they are making themselves dysfunctional. we are rewarding failure to continue to give them money.

judge napolitano: do they think they are keeping us safe? >> that's the allegation. i think they know they can't. internally snowden released some material and the analysts inside nsa have been sending out articles internally saying we are overloaded with too much data. we can't figure anything out because we are overburdened with this overload. they have at least 10 articles published saying that from years ago. so they have known for a long time. that's why we did the program we did internally in the 1990s because even back then they were overloaded. judge napolitano: california is the first state in the union to sue the trump administration over its sanctuary cities policy. the lawsuit argues the state not the federal government should be the one to allocate law enforcement resources. and the attorney general claims

it's cops who could suffer the most of. >> it's a low blow to our men and women who wear the badge for the federal government to threaten their crime-fighting resources in order to force them to do the work of the federal government when it comes to immigration enforcement. judge napolitano: the city of san francisco filed it own lawsuit against the justice department arguing the government is unfairly trying to force the city's hand. the party panel has returned. i suspect we'll have a lot of disagreement on this. let me lay the ground work for the law. the money flowing from the treasury to the state of san francisco was budgeted in the obama administration. while it had springs attached it did not have precise strings. i suspect those strings will be attached in the first trump budget.

can jeff sessions in order to further the president's policy change the strings mid stream? jessica: my understanding is he can. but i don't think he should. i think they should have a grown-up conversation about ways an appropriate way to monitor illegal aliens in this country. what the trump administration has sent down from above to i.c.e. is you can arrest people on the suspicion of committing a crime. that's where i believe the sanctuary is are pushing back saying that's not how we play here. the 11 million people who are here did commit a crime entering this country. but they have children who are american. judge napolitano: a sanctuary city is one where the locals don't cooperate with federal enforcement. so someone you and i admire a

lot, justice is scalia wrote the feds can't take or local police departments and force them to work for them. isn't that what jeff sessions is attempting to do? guy: i think the lawsuit is based on executive overreach. i'm not a fan of sanctuary cities. i think they should be defund when they even courage lawlessness. but it's the congress that ought to do it. if there are people who want to say they are fine with sanctuary cities, fine, go on the record and say that. judge napolitano: why is this being done by jeff sessions instead of the republican congress. >> donald trump does not have much support within his party. underground economy is predicated on cheap labor and it comes from undocumented workers.

the farmers that voted for donald trump are now realizing his immigration policies are devastating him because they can't get workers to pick the tomatoes. judge rrp law professors have been revising their courses because of president trump. a number of questions constitutional scholars may propose to their students. from trump's campaign statement evidence of religious bias. can a sitting president be indicted. can a president pardon himself? many of the law professors have signed briefs opposing president trump's actions. does president trump warrant an updated syllabus? i don't know that any of you are lawyers. but aren't these legitimate areas of inquiry? jessica: i think they are. but it's just that they all

showed up out of one president. president trump has given five or six good ones to begin with and i'm sure there will be many more. i don't think it matters that the law professors signed the brief opposing president trump. judge napolitano: guy, do you see anything leftish about this? guy: it's leftish and still legitimate. there are plenty of questions the previous president did on immigration and a host of topics. i would be interested as a law student to know can a president make policy by tweet. when he tweets about the transgender ban, does that have binding force of law? judge napolitano: the department of defense said no. sean spicer when he was the press secretary said yes. the character you play has been

accused of more executive overreach than any president in american history, abe lincoln. isn't this at least a fair subject for academic intellectual inquiry no matter who is in the white house? >> yes. president trump is pushing the bar quite a bit and he's testing the constitution. at the end of the day this presidency will be a net win for the country because he will challenge it and the country will be fine at the end of it. judge napolitano: pea own interest of medical marijuana argue it keeps those from suffering from chronic pain and ptsd. but a couple of studies say there is little evidence to support the claim. we'll talk about how much an

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judge napolitano: president trump said he would leave marijuana legalization up to the states when he was on the campaign trail. but jeff sessions has called it a life-recking drug that is only

slightly less harmful than heroin. this comes after promising research that shows marijuana can reduce a person's need for oap yats. the department of veterans affairs put out a review that says there is not evidence that marijuana can help people with post traumatic stress disorder. marijuana is clearly on the mind of many americans and is certain to be a key issue in the next election. which side of the issue should the candidates be on. let me bring in podcast host and dear buddy of mine in stirring the pot, dave smith.

are you surprised that the word of candidate trump which were articulated not far from where we are now have been repudiated by his administration with respect to marijuana. >> no, trump is a populist and he will say whatever is popular in the ream's in. as soon as he tapped jeff sessions we knew it would be a disaster. sessions famously said once that good people don't smoke marijuana. actually real life is a little bit more nuanced than that. judge napolitano: i saw you biting your tongue when i was doing the intro and quoting the attorney general saying marijuana is as dangerous as heroin. do you think he speaks for donald trump? do you think this is being done

to win votes or is he an old-fashioned victorian who finally got the job he wants. >> i haven't seen any evidence this is in trump's heart. i think jeff sessions believes it. it's an authoritarian mindset to have. it's only evil people who do drugs. so you don't have to worry about throwing people in a cage if they have a plant you don't like. judge napolitano: do you see any evidence that fbi agents want to return to arresting marijuana users, something they did in the 40s, 50s and 60s, and are thankfully rid of now to address more dangerous issues? >> i think there are a lot of agents who don't want to police nonviolent crime. you saw that in new york when we had the giant police slowdown. a lot of cops didn't want to

crack down on non-violent arrests. then you have the prison guards lobbying for mandatory minimums. judge napolitano: this is something that makes a warm heart cold. judges and law enforcement people loathe minimum mandatory minimums. this is something else the attorney general is pushing for marijuana and other crimes. >> for any republicans or conservatives who support this war on drugs, please don't ever let me hear you say you believe in the free market, individual liberty or small market again. if you throw somebody in a cage -- judge napolitano: there is legislation in the senate. senator cory booker from my home state of new jersey and senator

rand paul would remove marijuana from the schedule of products that are considered controlled, dangerous substances. will that see the light of day? mitch mcconnell has to decide whether to bring this to the floor for a vote. how would the republicans vote on this? >> i have to imagine it wouldn't get much support. but it would be great if it did. rand paul has been good on this and so has cory booker. judge napolitano: is there a problem with it being illegal on the federal level, legal on the state level and expecting the feds to look the other way? the problem is somebody like jeff sessions comes along and refuses to look the other way. >> under prohibition they realized they needed to amended the constitution.

judge napolitano: hillary clinton's pastor is in hot water after being accused of plagiarizing parts of his new book.

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judge napolitano: we begin with a joke many of us heard over the weekend that it wanted to share. president trump is relaxing at home on a friday night when he gets a call from hillary clinton. he answers her and says why are you bothering me on a friday night. she says ruth bader ginsburg is dead and i would like to take her place. the president said if it's okay with the funeral home, it's fine by me. hillary clinton's personal pastor is being accused of plagiarizing his new book. the book is a cleskts affirmations the reverend wrote for hillary clinton during her campaign. cnn shared an excerpt and a second pastor contacted the network claiming it was close to a blog post of his.

it includes many familiar bible stories. but when jesus gifts famous sermon on the mount he charges a $400,000 speaking fee. in this one everyone invited to the last supper had already made a six-figure donation to the clinton global initiative. but on the plus side the drinks came quick because each guest used a private server. number two. a shocking new report accuses kim jong-un of cutting corn on his physique. there is a report that he suffers from gout and is being treated for it with steroid. the guy looks like he gets paid in garlic knots.

if anyone was taking heavy drugs, i think it' the person cutting his hair. i'm just kidding. he's a fine-looking young man. there is talk he's opening up a strip club filled with men who look just like him. it costs $10 to get in and $50 to get out. number three, taylor swift as won her lawsuit against the guy who groped her. and she was awarded $1. ka what kind of message does the $1 penalty send to potential gropers. many new yorkers consider the groping epidemic our city's biggest embarrassment next to the new york mets. number four. tiger woods was recently in

court to please guilty to reckless driving. he had five drugs in his blood at the time of his arrest. a judge ordered tiger to order a dui diversion program. he will be out in october which is just in time to compete with o.j. on "dancing with the stars." president trump's viral confeffi tweet is back in the news after an ohio woman won the right to put it in on her license plate. of course, we still don't know what covfefe. do you think the press would write something negative about

this president? somewhere i saw a reporter spit his coffee over his next unnamed source. we'll be right back. usaa to me means

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judge napolitano: thanks for watching the show tonight. you can follow kennedy on kennedynation. and email her at

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