good night from new york. kennedy: president trump's enemies and critics hyperventilating saying he obstructed justice. the senate has passed its tax reform plan. what happens next? chris stirewalt explains. grab some dynamite. did the president obstruct justice? it depends who you ask. bust idea of obstruction is an issue among democrats. here is dianne feinstein to explain. >> i think we see this in the

indictments. the four indictments and please that have just taken place. i see sit most of importantly in what happened with the firing of director comey. and it is my belief that that is directly because he did not agree to lift the cloud of the russia investigation. that's obstruction of justice. kennedy: so if attitude determined your latitude, di-fi must be high. what you have are a series of actions that are questionable, tacky and annoying. if that were the threshold for obstruction diane's wardrobe would have been in trouble a long time ago. when you tie them together with the ribbon of white house gaffes, that's what the dems

have been shopping for. one of the president's lawyers says the president can't obstruct justice at all. legally it seems we are in uncharted territory. issue is not settled. but both sides will claim and use loose logic to sink the other's battleship. if you are talking about threshold and precedent and if the entire white house staff acted with extreme carelessness, nobody will be charged with anything ever again. obviously a president who is unfit and lawless should not be in power. but one who is polarized and fighting a hyper:firing squad and twitter shouldn't be

vaporized. -- shouldn't be fired because he gives you have the vapors. is the president untouchable when it comes to claims he obstructed justice? and what would happen if the democrats got their way and the president found himself at the very center of this investigation. judge andrew napolitano, welcome back to the show. it appears that the president's lawyer, john dowd said essentially the president cannot obstruct justice. >> i was sorry and disappointed to see that because it's not true. it speaks of nixonian. not only can the president be charged with obstruction of justice, but he can be impeached for obstruction of justice.

here is the definition. he interference with a law enforcement or judicial proceeding for a corrupt purpose. let's say he did ask james comey to back off mike flynn. let's say he did ask dan coats and admiral rogers to get comey to back off of flynn. mike's a nice guy and he suffered enough. the fbi should be pursuing terrorists and blank robbers. they -- and bank robbers. to say what's he going to say about jared or me. it's difficult to prove intent. by the's bob mueller's duty if he's going to bring a charge, to have the evidence of intent. kennedy: the president wrote i

had to fire general flynn because he lied to the vice president and the fbi. he says he fired him because he lied to the fbi. that means he must have known about his lie together fbi before he was fired. before if he fired comey. >> lying to the vice president is not a crime. lie together fbi is a crime. if the president knew about the lie to the fbi before he fired flynn that would who -- before he fired comey, that would snow intent to insulate someone probably guilty from prosecution. that's one of the building blocks for intent. but there is a curious follow-up to this tweet. one of this lawyers said he sent the tweet. that is very dangerous. that means that lawyer is violating the attorney-client privilege. that means that lawyer is making himself a witness in the case.

you can't represent somebody and be a witness in the same case. the default position when you become a witness you lose your client. i don't know who wrote the tweet. kennedy: he said he was the one who wrote the tweet. i'm wondering if they are pushing the boundaries of social media and how much the president can be targeted because of what he says on social media. does that carry the same weight. >> yes, when a person makes an admission against their own interest, it doesn't to be under oath, it can be in a speech, in a conversation or on social media. general kelly has been telling that to the president since he became chief of staff. you have got to think twice before you hit send. kennedy: the president is doubling down. he's going forward saying things like you should sue abc if you lost any money when the stock market tumbled fly dave one of

their reporters -- tumbled friday after one of their reporters made a false claim. >> it's one thing for the president to gin up his base. it's another thing for him to say things that will harm him legally. the statement i fired comey because -- the statement that i knew flynn had committed a crime at the time i fired comey is damning to the president. kennedy: how much trouble can the president be in. >> no sitting president has been indicted for a crime. mueller could indict him or sends the information over to the house of representatives. you guys decide what to do with

it. kennedy: dianne feinstein is saying because of the four indictments we have seen so far and because of the building blocks you laid out is enough to say there is obstruction. but michael mukasey saying all flynn is being charged with is lying to the fbi. he's not charged with an actual crime they would have to be evee ensnared in. >> general flynn was exposed to 60 years in federal prison. if he had been charged from conspiracy to being a foreign agent while you are working in the federal government to lie together fbi. 60 years went down to 6 months. you don't get that kind of reduction unless you offer

something significant in return. what did he offer in return? we'll find out when mueller decides to reveal it. this is the way the justice department works. this is the way prosecutors work and the courts upheld it and mueller understands that. james comey is going to be a critical witness wherever this goes because the president after admitting that he had a conversation with comey about this stuff now denies it. kennedy: the plot thickens. thank goodness we have the ultimate legal detective. the mueller investigation reportedly has a number of white house staffers paranoid. because everyone thinks they are being record. multiple news outlets have been reporting in a little noticed

sentence in michael flinls plea agreement. it spellsifies flynn's cooperation may include participation in covert law enforcement activities. does the white house staff need to lawyer up? jessica tarlov is here. robbrobby soave. a lot to discuss. jessica, you heard what the judge had to say. >> i liked it a lot. kennedy: it's very interesting. there is something there for both sides. he's impartial, knows the law and the constitution. but what does it say to you? >> it says both sides live to fight another day. it was a good turn of events for liberals. we had a disappointment about

the gop tack bill, then this clinton deal raids our spirits. maybe there is some collusion here. but as you mention, michael mukasey, both sides will feed off of it. but i think it's dangerous. when you have this number of indictments coming down and plea deals, there is no chance in hell that donald trump isn't completely freaking about what michael flynn may have been telling the fbi about their conversations and what he was ordered to do by somebody like a jared kushner. kennedy: any administration is going to reach out to russia. it's not illegal as a transtory administration to reach out to other countries when you are fighting something like isis. if you are going to talk to

russia about anything, it would be that. >> there are two different things here. there is the idea of a criminal conspiracy to undermine the obama administration or help trump get elected and do all these things inappropriate and illegal way and then the obstruction of justice, misleading federal officials investigating this aspect. you can show trump has been not truthful at times and people in his administration and campaign, it's not the crime, it's the cover-up. they might get these people for how they handed themselves during the course of guess getting wehat. but does that prove the criminal election conspiracy? no. kennedy: the president's attorney jay sekulow point out, collusion is not a crime. at some point people are going to get sick and tired of this. they realize a lot of time and

taxpayer money has been spent here. transparency always benefits the american people. if this is a politicized witch hunt it will come back and bite someone. >> it will depend on what mueller comes up with, if there is anything beyond obstruction of justice which judge napolitano argues to be a problem for the president. and who is control. congress. if the democrats take control of the house this could change the scenario what level of crime would be impeachable and what level would be problematic. kennedy: you better hope republicans don't pass thanks reform. if they don't, it's wide open and anyone could take both house. but it will play in the democrats favor if republicans fail on tax reform and if democrats get in charge of the house, what do you think is

going to happen? >> we don't have this crappy tax bill. kennedy: people within his cabinet when a majority of them get together and say he's unfit. it's an unlikely scenario. >> we know how sensitive the president is to chatter. he doesn't like the fact that everyone is talking about him behind his back. in 2018. it's make or break for the goodr the gop to get thanks reform. it's time for a wave election. kennedy: it's a race to the bottom for both parties. >> one takeaway from judge napolitano's interview is donald trump is a pretty bad lawyer

considering what happened with the tweets and john dowd is a pretty bad client. he shouldn't play so loosely with the social media. kennedy: if this is their strategy, it's confusing. people said that about his campaign and he won. and i guess that's the big question. do they understand the difference between constantly campaigning and appealing to voters and not being in legal trouble. >> libertarians will tell you don't talk to the police, don't volunteer things. >> i don't think that the lawyer sent that tweet. it's written in trump jargon. that's how he tweets and that's what he wanted to say. but if you don't have lawyers, i guess he didn't have this pick

of lawyers. if you have lawyers doing that for you, allegedly, you don't have the best legal team in the world work on your side. >> i don't know a camp that thinks a lawyer actually wrote that tweet. kennedy: he made have shown it to the president. >> it seems to me the president put this out and the lawyer saw it as problematic and the only way to cover it up is to create another problem and say he authored it. kennedy: they have so many coverups they could open a shop. the president endorses roy moore. ben shapiro explains if it's the right move for the president. that's next.

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kennedy: how do you solve a problem like roy. the special election for the alabama senate seat is happening a week from tomorrow. top republicans are endorsing roy moore despite multiple

allegations of child molestation when he was in his 30s. the president was tepid about throwing roy moore support. but today he tweeted, we need roy moore to win in alabama. no to jones, a pelosi-schumer puppet. the president also called moore today to offer his full endorsement. mitch said this. >> we'll let the people of alabama decide a week from tuesday who they want to send to the senate then we'll address the matter appropriately. kennedy: roy moore and his democratic opponent doug jones neck-and-neck in a couple of

polls. ben shapiro of the daily wire is back. is there a political cost to victory? >> i think there is. roy moore, there are credible allegations of child molestation against him. and every senator who is republican running for reelection will be asked why they wouldn't vote to expel roy moore from the senate if he is seated. one of the reasons trump and mitch mcconnell have reversed themselves on rye moore is because the democrats refuse to remove al franken. i think the republicans do tend to pay a higher price for perceived immorality than democrats do. kennedy: when it's a stea stale,

i guess in the long run it's problematic. you can't have someone in your party in the senate who has don't things moore is accused of doing, and at the same time go after people as you pointed out. anthony weiner, john conyers, al franken and good knows who else. >> the republic bans have at least pretended to uphold a standard. there is an idea that republicans are the party of morality and christian conservatives. as long as somebody has an "r" by their name and they are not pro abortion, they could be accused of child molestation. in the 1990s. david duke won the republican primary in louisiana and george

h.w. bush said vote for the other guy. if that happened today, i wonder if they would vote for their own candidate. it doesn't matter what the person on your side may have done as long as that person is not on the other side and votes a certain way. if basic morals and decency is gone. kennedy: the senate has passed their tax bill. now they have to get together with the house to couple the final plan. chris stirewalt is coming up next.

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kennedy: republicans working to tackle the differences in the tax overhaul bills. it is a delicate dance. the party's conservatives and moderate members.

it preserved the aca individual mandate and eliminates the estate tax in 2024. ed the individual cuts expires in 2025. is there any chance the democrats will get on board? joe manchin. joining me, chris stirewalt returns to the broadcast. where do we go into this dark hallway of conference-dom. >> it's a magical land where remarkable things happen to legislation. in one larger sense, nothing passed by the house or senate matters now. all they did was empower the

conferees to hammer out whatever the legislation is going to be. it's like they will come up with a wholly new thing, by the has to be something necessity think can pass back through both houses. it's substantially a political negotiation. if we 2kr0 -- if we drop obamacd you still vote for it. kennedy: we are facing a government shutdown in a week. >> the two things are politically interrelated but not procedurally interrelated. they have to pass this with 60 votes. but a ton of stuff they have to get done by the end of the year they need democrats for those

things. they don't need democrats for the tax plan. they have until the end of september of 2018 to finish the tax legislation because that's when the current fiscal year ends. kennedy: the president said tax reform would be a great christmas present. it's already december 4. happy birthday jz. >> at the end of the year there will be a huge, everlasting huge gob stopper with yucky stuff tonight that neither party wants to take ownership of. but they will jam stliewf with spending. and this will all get rolled into one gob stopper they will

pass through at the ends of the year and then they will return their gifts at best buy and move on. kennedy: they don't care. they just want to spend money. >> ever since both parties pretty much gave up on caring about debt and deficit. they don't care. >> can kick, ceiling raising. just like at your mom's house. vermont senator bernie sanders might get some stiff competition for his senate seat and it could come from none other than cousin eddie. eccentric actor randy quaid wrote in a now deleted tweet, some very powerful people representing a super pac

approached me about running against bernie sanders for senator 100%. it's nothing compared to a "politico" op-ed that claims chelsea clinton should run for tom cotton's senate seat if he leaves for the cia. senator randy quaid or senator chelsea clinton or pig severe flying. the party panel is back. jamie, i'll start with you. i don't know if the randy quaid thing is a tv stunt, based shut be. i would watch it 24 hours a day. >> i'm just glad to hear he's not in prison. last time i head randy quaid there were some legal matters. apparently he will have a

reality tv, cameras following him for a reality tv show. but since our politics have become a national reality show. god bless you, randy quaid, good truck in vermont. maybe we'll see you in the senate. >> i don't know why he's so mad sat bernie. how bad faith an idea is it for chelsea clinton to run for the senate in arkansas? >> if think one thing we learned recently, it's that people don't want to vote for someone with the last name clinton. and they need to go away forever. they are not a thing anymore. it was fascinating to see this. there is someone who still thinks someone named clinton should seek political office. chelsea's qualifications are that she is not the other two unpopular clintons.

she has a habit of raking in money for giving speeches. i'm sure she is a smart, lovely woman. i don't know that she needs hundreds of thousands of dollars and needs to sit on every corporate board. kennedy: there are plenty of smart, efficient people in the world who aren't chelsea clinton. >> he absolutely not. i think this is a bad idea. if we look at what's going on in alabama, i think is a wonderful candidate to put up in a deep red state. fought for liberal and progressive causes. there is someone out there for that.

>> i haven't done anything as cool as that but would i watch the randy quaid show for sure. >> i'm not a national expert on arkansas or electoral politics. but arkansas seems to like people who have been in arkansas recently. that seems not to be someone they have elect to national office. office. kennedy: they like republicans as well. thank you so much. great to see you jamie, robby and jessica. ing up as the u.s. military -- coming up, gillian turner talks about the escalating tensions with north korea next. here's to the heroes -- america's small business owners.

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of south korea. joining us, gillian turner is here. congratulations on your promotion. >> that's a nice surprise. let's talk about north korea. this is making news on several different fronts. h.r. mcmaster came out sat dane said we are on a very tight timeline and every day unfortunately we are marching closer to war. i don't like hearing those words. but you say that's actually wrangling up toward a diplomatic solution. >> that's way suspect is going on behind the scenes. it's horrific to hear we might be inches closer to war with a nuclear capable adversary. but when you ratchet it down and return to the basics. the trump administration policy

towards north korea have remained consistent. he said from day one that he wants to keep the military option on the table. he never wants the to feel like the pressure is coming off. and i think that's what's happening here. i believe part of what's going on, this is a last-ditch effort or major push to get them to sit down at the negotiating table with us. that's something president trump said is a priority and something european allies have been harping on him about. kennedy: if we do go back and negotiate -- >> i would be supportive of that. politically it's a tough thing for president trump to do because he has so much reference in criticizing president trump for the nuclear negotiations with iran. that's something he said he would never have sat down at the

table with them. so why you would sit down at the table with north korea i don't know. but i would applaud them if they do that. what has to happen is this series of negotiations would have to be more than just the nuclear aspirations. kennedy: does -- does lindsey graham snow something we don't know or is he being hysterical about getting american families out of south korea. >> -- he probably knows some stuff. if you take hr mcmaster's words and nikki haley's words at face value, the situation does seem to have escalated. let's get the americans in

harm's way out of the equation. i don't think it's hysterical. but we'll see if anyone follows through. if the state department issues those orders, then they are taking all this seriously. it can scare the living crap out of people. hopefully it won't come to that. but i understand how politically damaging american casualties would be on the korean peninsula if you have innocents families. >> when you used that word, it's not lindsey graham being hysterical. is it the most of responsible thing for him to have done? probably not. kennedy: coming up, plenty of kids claim they have seen mommy kissing santa claus. but these children in maine

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kennedy: abc news suspended brian ross for four weeks without pay after he falsely reported that donald trump instructed michael flynn to contact the russians during the

campaign. ross is said to be outraged. this is the "topical storm." topic number one. we begin in pontiac, michigan where they were planning to implode the detroit lions' old stadium. lions fans are used to witnessing implosion. but when they pulled the trigger, the mosquito rose up but it pulled a bernie sanders and refused to go down. officials are scrambling to figure out what in the wide wide world of sports actually happened. they are planning another attempt for later this month and this time around they are not taking any chances. they brought in the nation's

foremost expert on demolition. topic number two. when you bring out the sport of skiing nowadays the talk will often turn to matt lauer's conduct at the sochi olympics where he was there to cover the men's down hill career. but another celebrity hit the slopes and he's known for giving out toys. this is the santa skiing event. it's like the pub crawl in new york city. but instead of donating money to local bars and bail bondsmen. they donate to local charities. this year's event raised over

$2,500. topic number three. somewhere lou dobbs is there. a man walked into a waffle house after a night of drinking but there was no one there to serve him. so he jumped behind the counter and started serving himself. he said he didn't notice the waiter sleeping at the side table. but instead of waking him up, he cooked the meal and put it in the to-go container and wiped down the grill. the stunned waffle house employee said what's wiping down

the grill? he admit he didn't pay for the meal. but he came back next day with cash. most of people who eat waffle house end up paying for it later. wing wink, nun nudge nudge. humans aren't the only ones who need a drink after spending time with their families on thanksgiving. an employee at a florida liquor store said he came to work on turkey day and found a opossum sipping from a bought of bourbon. in any other state this is a misfit story. the big just shock is she didn't smoke while she drank. she was definitely drunk.

she was released to a local refuge where she was last seen randomly to another -- crying to another opossum. topic number 5. kellogg is launching a super mario brothers cereal. the cereal will consist of power of marshmallows and star-shaped toasted oats that your kids will cup' in the garbage when they get done eating the marshmallows. now, seeing the video called

super mario brothers a lot of fans asked why mario's brother is not on the cover. i am sad to report kelloggs cut ties with luigi after he was accused of harassing princess peach. it's a sign of the types. coming up, former president obama says men in politics can't seem to get their act together so it's time to elect more women. does he have a point or is he trying to day relevant and nightcap next. whoooo.

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kennedy: ferper president obama is leading the war on men as the political eunuch told the frenchies the future should be female. the once champion of hope and change said he hopes more gals become leaders because men seem to be having problems these days. men have always had problems, now we are just hearing more about the predatory ones because victims male and female alike are no longer being terrorized

into silence. being a woman doesn't necessarily make you a better candidate. self-loathing is such a predictable leftist reaction. why not seek and encourage potential leaders to lead regardless of gender preference, race, height, or any other immutable quality. to say all men bad, only women good does nothing to address how the public sector has failed the people for so long and what is needed to make it better. how about judging people on intelligence and goodness, and the content of their character, not the content of their underwear. email kennedyfbn@foxbusiness.com. tomorrow on the show, lieutenant

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