hits close to home. lou: thank you both. appreciate. good seeing you. thanks for being with us. dr. sebastian gorka. us, good nm new york. kennedy: accusations against harvey weinstein growing by the day. but could he be in legal trouble? steve bannon says he's going after republicans disloyal to the president. the white house claims puerto rico is on the mend. but some folks there say the situation is gets much worse. grab a towel, it's time to dive in. big game bootie hunter and alleged rapist harvey wayne stein is heading to sex rehab. now that harvey has become as disposable as one of the

starlets he discarded after violating them. his former allies are come out against him. matt damon apparently helped spike a story a dozen years ago and quick hassers has been documenting harvey's worst kept secrets. gweneth paltrow was a had at 22 and she told her boyfriend brad pitt. how many times has she come forward to spill the goop and help save potential victims. coming forward after decades of movie projects, when she is an academy award winning multi

million pair, it doesn't make her brave, it makes her complicit and a fraud. shame on people like hillary clinton. harvey is beyond damage. now it's time to take a stand. how many victims were minted while news publicists, actors and politicians sat on their manicured hands with their youth sewed shut. the only question left for the crowd is who's next? i'm kennedy.

as the allegations continue to mounted should harvey weinstein be worried he might wind up behind bars? joining me, judge andrew napolitano. this is no longer a gossipy salacious story. there is some real legal jeopardy here. >> there very well could be. it depends on what the evidence is. the government in the united states web's not in the united states now. but the government here in new york. kennedy: we are hearing reports, flown abroad and others he's checked into a rehab. judge napolitano: if it were new york or california or any of the 50 states, if it's he said, she said and nothing more, the government is not going to prosecute. the government needs some corroborating evidence. it could be an admission made to a colleague. it could be a complaint by the victim at or about the time of

the alleged rape. it needs to be something more than obey the way i was raped five years ago. there is no statute of limitations in new york since 2006. floils statute of limitations on rape since 2016. kennedy: that could be problematic for him. in the new yorker he says each of the. people he talked to told a partner or friends. many of them signed non-disclose our agreements and accepted cash settlements. judge napolitano: a non-disclose sewer could prevent them from speaking to the press but will not prevent them from speaking to a grand jury or police. the non-disclosure agreement is moot and useless in the face after criminal prosecution. there is also another series of crimes and that's criminal sexual assault. without getting too graphic.

criminal sexual assault is an unwant, unconsentsed to touching where you are not entering the body. that's a lot easier to prove than rape which requires the government to prove force and resistance. kennedy: you have the recording that we heard where the model is wear ago wire and confronted harvey weinstein the day after he allegedly groached her. it's a pretty chilling recording. the d.a. stled wasn't enough there. but other prosecutors who worked in new york city and special victims units say this plenty there. judge napolitano: having heard the tape, that is enough, combined with credible evidence. i haven't examined the victim. assuming the victim is credible. that's enough to get an indictment and to get to a jury. whether the jury believes it or

not is another story. i don't know why the prosecutor decide not to bring the case. the police wanted to bring the prosecution and the d.a. said no. kennedy: his side is faulting the police, saying we didn't have access to the witness. we would have coached her and told her what we needed from this perpetrator. judge napolitano: there are a lot of complaints about him. using words with no touching. it's wrong, it's horrible, it's actionable, before it am not a prime. the only crimes come about when there is touching. kennedy: there are so many case, it sounds like he had a serial m.o., there was a bath robe, a hotel room, showering and massages. is that pattern -- does not somehow add into the charges or

the length of time he might get a few more convicted? judge rrl if he's convicted of a single counts of criminal sexual assault or rape, we know what that is, the government can bring in at the time of expensing what's known as prior bad acts to show the pattern of behavior. if half of the come plain nants in this -- half of the complainants are credible, there are many, many prior bad acts prior to the time of sentencing, so all of that yes can come into play. he has a lot of legal problems confronting him and i don't know where it's going to go. if he's in europe, there are enormous complications. the only issue is this person pennsylvania wants? but if somebody in france or polled or switzerland is wanted

in the u.s. the issue is not merely is this the person that is wanted. the issue is would we prosecute this here? if we prosecuted it here on the basis they have there, would there be a conviction? there is virtually a rehearsal of the trial before the extradition happens. that's how rove man poa -- how i survived without being convicted. snbs correspondent ronan farrell fold rachel maddow that nbc

brass chose to bury it. >> nbc said the story wasn't publishable and ready to go by the time brought it to them. before it was ready to go by the time got it to the new yorker. see you walked in the door at if the new yorker with an explosively publishable piece that was reportable. kennedy: his story ran in this week's "new yorker" magazine. nbc said they didn't have enough elements to run the story at the time. adding quote the notion we would try to cover for a powerful person is deeply offensive to all of us. lisa boothe is here along are joe concha and anthony fisher.

welcome, everyone. joe, i will start with you since this is your beat. do you believe nbc's story that there weren't enough elements there when we ronan farrow had was so comprehensive and so explosive. >> ronan farrow is a brave guy. he's still employed by nbc. cuff doze t.kudos to him. do i believe nbc? herers what i know about nbc. last year at this time, one year ago the access hollywood tape, in nbc's possession some how magically got out to the post, should change the entire course

of the election and trump won in spite it. ronan farrow had a tape, audio. kennedy: it's stunning. if you watch that interview, rachel maddow looks just as frustrated astro man farrow. >> ronan farrow is a freelancer. they have could cut him off. kennedy: he's actually working. >> apparently at the time brought it nbc, he had 8 taped interviews with victims. there is a lot of there there. kennedy: he got pretty big names on the record as well. we are watching the story unfold. as i point out in my monologue i don't want feel falling all over themselves congratulating people

week gweneth paltrow. shame on their human resources department. a lot of these women went forward and they were given $80,000. if you are starting out as an actor or his is your first job or you are working a sumner college, that's a lot of money. >> here is this big powerful guy having to go through that. you mentioned nbc. it's particularly hypocritical when you look at how much time of they spent bashing trump in substantially unsubstantiated allegations about him. but this also -- you also look at the hypocrisy of ben affleck. he came out with a statement on shame on you, harvey weinstein, then it comes out actress hillary burton accused him of groping her in 2003 which he acknowledge dad and apologized

for. i think we are going to see a lot of that come out. kennedy: matt damon and ben affleck have careers because of harvey weinstein. ben a fleck also dated gweneth paltrow years after this happened. do you have think something as traumatic as that, drives to skew around with you. puff your boyfriend at the time, you think that's not going to couple in a conversation? >> it's worth noting gweneth alleges the harassment happened when she was 22. she had people she could go to. i totally believe it happened. but the idea she had no convenient you've i don't buy. kennedy: now that she has no you've tilt for him and neither

does barack obama. neither does hillary clinton. though the two of them took a long time to come out and say something. how many magazine covers has gweneth covers as she been on. there are so many times. so she could have stopped this guy in his tracks 10 years ago. how many people have been violated in that amount of time? >> the political response between hillary clinton and barack obama is astounding. after the vegas shooting it only took hillary clinton a couple hours to condemn the nra. and it took 120 hours to respond here. >> that's why women voters never connect her. they knew she was a fraud on this issue. she said every survivor has a

right to be believed. but her husband is out there on the campaign trail for her. kennedy: our panel is returning later. but a new report claiming president trump wanted to increase the nuclear arsenal 10 fold. he says it's fake news. buck sexton brings his nununununu it's easy to think that all money managers are pretty much the same. but while some push high commission investment products, fisher investments avoids them. some advisers have hidden and layered fees. fisher investments never does. and while some advisers are happy to earn commissions from you whether you do well or not, fisher investments fees are structured so we do better when you do better.

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kennedy: there is a bizarre report out about president obama's plans for our nuclear weapons. it claims he asked for a 10-fold increase in our nuclear arsenal in july. the president denied the report tweeting, fake at nbc news made up a story i wanted a 10 fold increase in our u.s. nuclear arsenal. pure fiction, made up to demean. james mattis says the report is

irresponsible. he says the purpose was to prevent north korea and others from threatening the u.s. so what do we make of the nuclear weapons report and the is today laterring tensions with north korea. what is the state of our nuclear arsenal. let me ask buck sks on. so, d let me ask buck sexton. the question isn't can one human being spark a nuclear arsenal. what is the condition of the nuclear weapons we have now. >> they are pretty old for the most of part. they have been around for a long time. this is an area where people have specialty.

and we have enough nukes and fire power to destroy anybody many, many times over. we all know that. and that would seem to be enough. kennedy: do we still make nuclear weapons? >> we can make nuclear weapons. but now it's all about modernization of nuclear weapons. in the horrific event that you actually have to fire one of these things off somewhere, you don't want to misfire. and there is a present amount of intellectual specialization that goes into the nuclear triad. kennedy: let me ask you this. is the president -- i call him on it when's completely wrong, and he's wrong about a lot of stuff. but when it's note that big a deal i don't appreciate it when

there are allegations that and the flames of hysteria. is it appropriate for someone to pose a hypothetical like what would happen if we had 10 times as many weapons? would that be good for us? >> i subscribe to either there is no up thing as a dumb question. i think it many unlikely -- i wouldn't support the president saying maybe we should have 10 times as many nukes or whatever the allegation was here. i don't find it credible. and i think we are being forced into this place where news reports. the president with fake news. but at this point it does feel like there is a viciousness behind some of these reports. the president is a moron, based on hearsay. kennedy: you have 8 witnesses to a story about harvey weinstein

sexually assaulting women. we have hearsay about the president wanting to increase our nuclear arsenal. >> they turn around and report on what is unimportant gossip that can't be verified which is meant to undermine and belittle the commander-in-chief. kennedy: i think the president is the dad on prom night who is polishing his preinvolver as his daughter's prom date shows up to the front door. he's not going to shoot him. >> you want doc holiday twirling his mustache with the .12

gaining just in case. kennedy: would you ever grow a handle bar mustache? >> i would if i could, but i can't so i shan't. kennedy: a new report says republicans on capitol hill are worried steve bannon could put worried steve bannon could put the republican today, we're out here with some big news about type 2 diabetes. you have type 2 diabetes, right? yes. so let me ask you this... how does diabetes affect your heart? it doesn't, does it? actually, it does. type 2 diabetes can make you twice as likely to die from a cardiovascular event, like a heart attack or stroke. and with heart disease, your risk is even higher. you didn't know that.

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majority? mollieemingway returns. whose agenda is being pushed here? steve bannon's or president trump's? mollie: if he cares about pushing trump's agenda, trump need more senators rather than different senators. the republicans have 52. that's not have as much in a big tent party. if you want wiggle room you need more senators as opposed to different ones than the ones there right now. kennedy: if conservatives want to be successful not on in 2018,

they have to actually get stuff done. mollie: it's not the worst thing in the world to put a little fire under the bum of people. they haven't gotten a lot done and people are fed up. there has been a voter revolt going on since 2010. you don't see a lot of change in d.c. there have been a lot of signals whether it was the ousting of cantor. people are clearly not doing what the republican establishment is telling them they need to do. you would think there would be a change of direction. best way for them to stave off any primary threat is to get stuff done. kennedy: i want us to all be rich, and fat and happy metaphorically.

what do you see as the most of vulnerable feat steve bannon is taking aim at? mollie: i would suggest he pinpoint vulnerable democratic seats. there are races where you could see a republican pickup. why not focus your energies there? get a friendly republican senator in there and out of the democrats. kennedy: maybe don't work so as much on these primaries. do you think the moore victory in the runoff election produced overcon iconfidence opening thet of nationa nationalists like ste bannon? >> some of the primary challenges didn't go well. a lot of them went really well. those were all conservativ

alternatives to the establishment picks. kennedy: it's no surprise ted cruz is safe and breathing asigh of relief, at least nell's appointed to the supreme court. the marijuana industry is feeling more paranoid than usual because attorney general jeff sessions wants congress to let the justice department to resume more marijuana cases. sessions wrote a letter asking congress to end the amendment because the department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten american lives. kennedy: prohibition threatens american lives.

so will congress preserve the pot pro vision or take session' advice and pass on doing so. anthony, what about federalism? >> i thought republicans like that. until it comes to cracking down on vice issues like marijuana. and health insurance. all the states rights you can have unless it comes to medical marijuana. jeff sessions is out of step with his own party. but i don't think his party is brave enough to stand up against him. roar backer is particularly disappointing. this one issue he owned. and now because he's trying to get julian assange back into the united states, he's going to sell out this issue that he made good progress on. kennedy: i think the american

people are more invested in this issue and issues of personal freedom. 29 states have marijuana laws. sessions isn't only out of step with republicans. he's out of step with voters. >> this is obviously not the case here. you will never guess how many percentage of americans that were nold this poll support the fact that marijuana should be illegal like sessions does. 14%. when you have say he's out of step with the american public, big time. kennedy: leave it up to the states. if they want more structure and law like states that want less

prohibition. that's their decision. lisa booth you say you don't care because you have hate freedom. >> there are a lot of people who are indifferent on the issue. so i think that's the problem congress has. so i think they will puff puff pass on the issue to your earlier point. you look at mountain of contentious issues congress has to deal with. dak. tax reform, healthcare. where do you have put this on the list of priorities. >> republicans go to jail too for drug crimes. kennedy: republicans commit as many drug crimes as democrats. you can argue we have a flood of people in this country because they are leaving hell holes decimated by the drug war. if you sell them legally, guess what happens. you knee captain cartels.

they don't have the money, then you don't have to waste the money on the war in drug. >> you ask is this an issue congress is going to act on? i don't think that will be the case because there are a lot of issues and time lines and dead lines for the issues republicans are trying to get done in congress. i don't think they are going to spend political capital dealing with this issue. it puts them potentially in contract with their state. kennedy: the drug war is expensive. we waste billions of dollars in this country for nothing. >> i don't buy that president trump even cares about this. this is a total sessions thing. this is one of those cases where i have wish donald trump would pick up the phone and start harassing his attorney general. kennedy: coming you have. three weeks since hurricane

maria ripped through puerto rico. i'll ask a former republican congresswoman if the trump administration is getting the job done. what more can be done? that's next. ♪ if you could book a flight, then add a hotel, or car, or activity in one place and save, where would you go? ♪ expedia. because she's listening this to audible.ughing and this woman is pretending her boss's terrible story is funny. experience the comedy, not your commute. dial star-star-audible on your smartphone to start listening today.

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kennedy: it's been three weeks since hurricane maria ravaged puerto rico.

roughly 85% of the island is still without power. food, water and medical supplies are said to be in short supply. the actual toll is expected to be much shire because deaths in smaller communities are going unreported. the white house put out a video claiming the recovery was going well. but what's really going on in puerto rico? nan hayward is here. which hat do you have put on policy or doctor? >> both. as a physician, i look at see the death toll is going to rise because of the problems that are awaiting them or unfolding because they don't have @adequate facilities to deal with those who are already ill before the hurricane hit and

those contracting illnesses because of the fact their sanitation is impaired and they are living in deeply compromised conditions. part of this has to do with the fact that's puerto rico was already in a somewhat chaotic state in terms of its economy and infrastructure. kennedy: much harder to bounce back when you are financially ravaged to begin with. and the reliance on ngos and the federal government has been pretty substantial. even though a lot of supplies have made their way, there was a bit of a lag. but it's still difficult getting things from paints a to point b. but places like hospitals running dangerously low on things like oxygen. what health threats could they be facing? >> the biggest threat is from

contaminated water. if you can't pump sewage, if you have standing water, then all kinds of pathogens from viruses through fun. guyfungi will be in that water. patients receiving dialysis, for example. patients who need oxygen. they ema sides they need to restore their power grid so they can get all these public health amenities running. kennedy: people who are the most of vulnerable, the old and the sick, and those who didn't have a lot of the money to begin with, those who finds it impossible to leave the island. the white house said they are doing what they can and make

positive steps. where is the truth? it feels like there is a bit of disparity in describing what's going on there. what's really hooping? >> fema has proven itself to be very well organized. in contrast in texas and in florida which are on the mainland and that is a tremendous help, but their governments% very well managed from the state and local levels so they could provide. especially in houston there was an awful lot of devastation there. and yet wee recovery has proceed. fema has mowblized lots of resources to send to puerto rico. but it's probably true given their circumstances they can use ever more. the general? charge -- >> why are they having such a hard time with power. if the army corps of engineers

or other military and governing bodies deem there shall be power, there is power. why is it so hard to light up puerto rico. >> puerto rico doesn't have the grid that we do in the united states. and they have to reef lie obviously on shipping fuel in to them in way wheeze don't have to deal with on the mainland. kennedy: the president suspend the jones act. >> which is definitely a great thing to do. but puerto rico's needs are vast. and i think as a compassionate nation, puerto ricoans are american citizens -- kennedy: can people visit there? if people want to be adventurous. and they want to be helpful and go to a beautiful sunny place --

>> they will welcome tourism soon. any help people can extend through the red cross, through rescue of organizations and humane society at the u.s. aspca. kennedy: we have seen the animals make their way to the united states for adoption. the full arts and loose pocket books of those who have helps out. thank you for your insight. coming up. at a time when so many americans are divide over football. they have couple with a new sport. here's to the heroes -- america's small business owners. and here's to the heroes behind the heroes, who use their expertise to keep those businesses covered.

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kennedy: you know, just like the hollywood heroes, this is the "topical storm." topic number one. we begin in aurora, colorado where they live before it slogan if life gives you lemons, make lemonade, if life gives you pumpkins, shoot them out of a canon.

it's not latest north korea missile launch. though i'm sure kim jong-un has plenty pumpkin pies. this event attracts people from across the land because colorado lettized marijuana. you can go to colorado, they are smashing pumpkins. i love smashing pumpkins. today is the greatest. topic number two. this next story is for people with $100 million to spare. the last privately owned leonardo da vinci painting is about to hit the auction block. the one point was considered the

holy graifl discoveries but that was before hillary's email server came along. art experts assured him that if people will buy george clooney's dumb denials about harriy weinstein, they will buy anything. i have no idea. he's such a good actor. topic number three. the new york knicks are sold advertising space. the team reached a deal with square space. this is a big deal because the knicks never finish in the top 17 in anything except loss and tears. where is charles oakley? the jerseys aren't the only jerseys dragged out by security.

they will be branding the bag fans wear over their heads and the beer kants the announcers drink to get them through the game it's obviously a joke. because at that point announcers moved on to much stronger stuff. oh well. topic number four. congratulations are in order to a missouri man who grew a record-breaking pumpkin who weighed in at 100 pound. that's a michael moore sized pumpkin. 15,000 people turned out to see it. but the fun didn't last very long. someone put it in the pumpkin chunking machine and everyone was killed. topic number 5.

vladimir putin has bent kind of guy who will give you the shirt off his back. but the president of turkmenistan one-you haved him by giving him a dog for his 61st birthday. this is a turkmen shepherd. the dog's real name is verny. putin likes him so much he gave the tushmen president a $2 million credit card from the united states. check those credit reports, kids. the world cup of soccer is the biggest sporting event on the planet. but next summer the u.s.a. will be on the outside looking in. be on the outside looking in. u.s.a.

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kennedy: world cup fever elect triified the world cup as people packed into bars to cheer the men's games. wants that great? that's now over and done with. soccer is essentially dead in this country.

traditionalist sports snobs have always derided soccer as a girly activity. at least we don't have to boycott russia next year. the president won't be embarrassed by teammates kneeling during national anthem. soccer is dead and the program deserves a thorough postmortem so the richest country on earth can figure out how to get the best players on the national team. i have not been this sad about a lot in some time. thank you for watching the show tonight. you can follow me on twitter and instagram. email kennedyfbn@foxbusiness.com. tomorrow night is not only hate

mail thursday. i haveio congressman jim jordan. brian brenberg returns. and a man named tom shillue. >> announcer: the following program is a paid advertisement for the hd mirrorcam, brought to you by inventel products, llc. yep, they're out there, driving recklessly, causing accidents, and driving up your insurance rates! this is a show about car accidents... ...classic cars... ...and the hd mirrorcam, the personal security camera for your car. this is... "accidents caught on camera" with the hd mirrorcam. today, we're going to hear from people who have been in accidents and used the hd mirrorcam to prove their case. hear from law enforcement experts to hear the secret to protect yourself from tickets and lawsuits. we'r