we are back with merry christmas and he's glad to be the instrument of that. always good have you with us. merry christmas toyork. >> i am judge andrew napolitano in for kennedy. g.o.p., what is in bill for the vote? and should government be able to stay on you without a warrant? i ask congressman tom massi about push to renew fisa. >> and media versus president trump, why is the press flaming white house for roy moore's loss in alabama, all and more tonight on kennedy. >> first showdown over mueller investigation, a growing number of republicans are openly questioning credibility and integrity of special counsel

looking into allegation of president trump alleged ties to russia, now the left is fighting back. yet, deputy attorney general rod rosenstein, was repeatedly questioned about whether there was good cause to fire robert mueller. >> this is unbelievable. i am here to tell you, i think that public trust in this whole thing is gone. seems you have two things to do, you are the guy in charge. you are the guy that picked mueller, you wrote the memo, you are in charge, you could disban mueller, and appoint a second counsel to look into this. >> it would be difficult for anyone to find somebody better qualified for this job, director mueller, throughout his lifetime, been a dedicated, and respected and heroic public servants.

>> newerric -- eric holder is weighing in republicans in congress be for forewarned, any attempt to remove bob mueller will not be tolerated. designed to hide real wrong doing, country not party. and important to remember that yesterday we learned of a slew of anti-trump text-messages from a former high ranking member of mueller team, exchanged with his mistress, an fbi lawyer, one that read, god, trump is a loathe some human, and they reply, yet, he may win. here with me now fox news sunday anchor chris wallace. what did you think of rod rosenstein's testimony yesterday? did he acquit his supervision of

mueller effectively? >> well, i -- there are a couple of points, i was surprised at his reluctance and fbi director, reluctance -- refusal, to give congress the information it is seeking, they have hidden bee mean the fact there is an inspector general investigation, saying until that is completed they can't give it but they did give peter strzok text, we could read them. it seems there are basic facts without obviously coming to a couldn't collusion, you want investigation, before you decide what you are going to do, there are some questions, what was role of dossier in decision to begin a investigation again donald trump, what role dids toier dossier play, in going to court and asking for warrant to wiretap carter page and other people in trump campaign, rod

rosenstein makes a points, when mueller investigation so far -- the tweets, the attacks are disturbing but as soon as mueller found out about them in july, he took strzok off of the case. >> does it surprise that you fbi allens have strong personal -- fbi agents have strong personal opinions about politics of day and express them in very colorful language. >> it did you not surprise me they have strong political opinions it strikes me as very stupid, of peter strzok and lisa page to exchange those opinions in text. and have a written record. >> on mobile device. >> right. >> it seems as we know we have learned, that any you put to internet lasts forever, and -- if that i want to whisper these sweet nothing into each other's

ears so what, but the fact they pout to electronic record seems to have been very bad judgment. >> how unusual is it, to see a republican congress, going after a deputy attorney general appointed by a republican president, and an fbi director appointed by a republican president, usually whe when they come from different parties. >> this is unprecedented. i am shocked to -- you know usually democrats are going on after the fbi, and justice department, investigation, it was the clinton campaign that was going after james comey, said that he was one of reason that she latest the election. but to see the law and order republicans after an fbi director who is appointed by donald trump, and an earn general justice department, that is curious. >> most tan tantalizing thing i heard, do you know whether or not fbi paid for the dossier.

i do know. but moment -- but i'm not allowed to tell you, wow. >> he was buyin being honest. >> why can't he tell home. >> he learned it in a classified sitting, he does not have authority to break the classified setting. >> it strikes me that you know fact that you have people like paul ryan, people like bob goodlot, and talking about trying to hold the justice department, trump justice department in contempt for failing to give them information curious. >> i want to switch gears, because of breaking news this afternoon, report claim speaker paul ryan, saying he plans to retire after 2018 elect, his press office shot the story down. >> i don't know much i know what i read in the report, then watching sarah huckabee sanders

briefing, she said that president had gotten this information called paul ryan, and asked him, disstrissed. interestingly enough they have in the always been on same page, and ryan said no, i am going to be here for a while. this is what i know, nothing specifically this report, paul ryan does not like being speaker. he was dragged into it when boehner was forced out, he is a idealistic, intellectual legislator, and you know herding the cats in house, and dealing with house freedom caucus. this is. i i don't think he like tit may give him leverage in next year, you know as to whether or not he will quit a year now from 2018 that is an eter nitty. >> we read comments from press people in afternoon, and as john rodger said you can drive a cheese truck. >> a swiss cheese truck it has

holes. >> thank you. >> don't miss chris a interview with alabama senator, elect doug jones this sunday, fox news sunday. >> new version would cut top rate for wealth employee. and lower corporate rate, middle and low income families, get small cuts, yesterday president is eager to get this bill on his desk. >> if congress. sefnedsends me a billbefore chrs breaking news. has just confirmed that americans will see lower taxes and bigger paychecks beginning in february. just two short -- plan should be able to squeeze through the hughes with 1 tennessee bob corr

against it before mike pence needs to step in and cast a deciding vote, and that say problem. because senator rubio and mike lee, are now reportedly on the fence. so will this thing be a done deal, and a week's time, joining me now, washington examin commentary editor -- tim carney, welcome. always a pleasure i'm not in favor of this i don't think it stimulates the economy or it is fair, it raises my taxes because of really tax i have to -- real estate tax i have to pay, put aside high views, it will pass? >> i think it will, i think that rubio and asking for is totally within the bounds of something that republican leadership can and auto agree to, which is. child tax credit should be expanded to be more refund able against your payroll taxes, people low income maybe or taxes, income taxes only a

thousand dollars, you are probably paying 6,000 dollars, in your payroll tax, you should be able to get child tax credit against that, that is what rubio and lee are asking for, i think that top rate can't come down as far, that is something that any republican leadership should agree, to and i think they will rather than run the risk of losing vote. lou: income tax is 100 years old for all 100 years. there has been no double taxing a. you are not taxed ono state and local taxes whether real estate or state income tax, why are they change it now, people bought houses and planned their lives expecting to have those deducts, the rug has been pulled on sphwhrut the out. >> they are two separate e. tion exemptions, it should be phased out, it gets priced into our lives, we build our lives making decisions around this, it

should be a long steady ramp out, but as far as double tax we know state, that examine we look add they hike state income taxes, whether republicans or democrat they say we'll hike your taxes butten to worry about it, you can deduct it, it is like other states are paying a quarter of it, they are doing they are ex tern rallyizing their cost, we don't want states to have such an incentive off load cost of their bloated government. government. >> we just have a few seconds. left, and i know you are an economists, what happens if this fails donald trump cannot say, i got your tax cuts. >> i think no matter, what republicans will lose the house, if they can't deliver a tax cut they lose senate, and i can't imagine what he would run on for

reelection if he does not repeal obama scare and didn't cut tax because he can't drain the swamp. >> tim thank you. >> thank you. >> now to alabama, defeated senate oriole candidate -- senatorial roy moore still refusing to concede. >> we're in a struggle. and set free suffering humanity, and battle rages on. this race, we have not received final count to include military and provisional ballot, this has been a close race could we're waiting certification by secretary of state. >> judge has said to moore's campaign that campaign would pay for precount. and but shocking win democrat doug jones has political parties changing their playbook for 2018.

and here is why. republicans will have a two seat at a-- advantage in senate, they could lose it next year. what can republicans do, to battle back? let's bridgbring in tonight's p. richard fowler. bree peyton. >> why did moore lose? >> you have about 40 seconds to answer that. >> a lot of reasons why roy moore lost, first, the charges and allegations, but before those charges, and allegations, thathis race is tight because of some outlandish things he said, he is hom homophobic. >> how worried are republicans

over things like peter king in new york calling steve bannon a drunk, who has to get out of republican party. >> mitch mcconnell refusing to communicate with bannon. has it been made worse? >> i think it has been made worse. i think mitch mcconnell is cause of it. because of his involvement in primary process, dumping millions of dollar to back a cronyist shady guy. lutluther strange muddled things up, that resulted in roy moore's candidacy, he has trouble understanding the constitution. >> richard, what role did president trump personal behavior oralgations of personal behavior, play here. he won alabama by 28 point, and campaigned for moore. he campaigned for strange in

primary. so, he gets voters of alabama in huge numbers, and republican party rejects him in 2017 and voters at large revec him. >> that say investing point. -- an interesting point, donald trump won alabama by 28 point, in 10 months republicans have now lost 29 points, because doug jones one by 1.7 points. part is because of roy moore, other part is because donald trump has not shown the people of alabama or any of his supporters what they should vote on or why they should vote for him, he promised american people a wall, we're waiting, he promised to repeal obamacare, and we're sphai still waiting ax reform is anemic at best. >> when we congratulated jowtiog

jones, president said i know there are some republicans who are happy. >> he was talking about a lot of people, establishment republicans like mitch mcconnell. >> they didn't want to be seen shaking his hand. >> i think they were upset start to finish. clear this mitch mcconnell would rather have a democrat in office rather than a republican who would oppose him or speak his mind. >> who is more the cause of moore's defeat. >> mitch meche n mitch mcconnel. >> no question. >> steve bannon. >> wow. >> you have been -- thank you very much, my panel returns later, but first, section 702, but trunk trump administration said federal law enforcement

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judge napolitano: should the feds be able to spy on morning without a warrant? fisa had privacy applicants up in arms for a decade is set to expire at the end of the year, this is second 702 -- section 702. so the identities of americans swept up in process can be revealed through a process called unmasking. it is a backdoor way for intelligence agencies to spy on americans without a warrant in direct. of the constitution, lawyers in trump administration believe that part of fisa could operate through next year, without a

congressional reauthorize of the program, how should congress biel witdeal with that law? joining me, kentucky congressman thomas massi, we're long-time friends and collaborators, highway bahowbad is section 702. >> >> it is horrible, we were talking about metadata, fisa 702 allows them to collect content of your e-mail, the content of our conversation with someone else under guise of terrorism, they have targeted a foreigner, but there could be morning swept up in that information in the data. judge napolitano: is it worse? they talk -- listen to a foreigner talking to an american, that american talks to an american they listen, and one of them talks too another

american they listen to that. that could go out to 6 degrees. if you do the math. it could encompass everyone in u.s. >> we asked them tell us how much information you collect a day, they can't do it. judge napolitano: why can't they go to a federal judge and present probable cause of wrong doing on part of a target, get a warrant, like constitution has required in 1791. >> a reason we thought the revolutionary war, king george was collecting information on the colonists, senator paul and widen introduced a bill. twice this past, by large margins to require a warrant, we have a bill in house that we have worked on that would

require a war an, they offered amendment in judiciary committee. judge napolitano: what are chances to congress will dial back the long leash that it has given to the intelligence community, are they going to scare everyone to death, and say there are terrorists under every fridge. >> there is a third option, instead of making as i fuss, thy will speak it in on the om omar- omnibus bill. we said don't you dare. >> wish you luck on that. >> last week, house of representative passed cob concealed carry reciprocity act. to carry a gun in another state regardless of that other state a

gun laws, this summer, you introduced a bill allow citizens with conceal carry permits in other states that carry them in washington, d.c., but you voted no on what seem to be more ebbs expansive rhet -- rhett -- >> there is a trojan horse bill. >> background check that federal government operates. >> obama abused that system to put social security recipients into the database because they could not do their own finances, they obama made that rule for veterans, veterans if doctor

checks off box, can't manage his own finances, they are deprived. >> a nongovernment official, not a judge, no trial could check a box insert it in this database that would prevent you from ever able to carry a gun, even if box check had nothing to to with you carrying a gun. >> absolutely, it happens every week, have employees of v.a. calling me. >> who doing this republican leadership? people that claim falsely to be in favor of right to keep and bear arms. >> this problem exists, the bill, they snuck is in reciprocity bill, and the bill it doubles down on an already broken system. with more money and more en sensitive for v.a. to do -- incentive for v.a. to do this.

>> i have been exposing them, i am taking hits from nra now, have opposed this reciprocity bill because it had this thing that violates 4ment in. judg amendment. judge napolitano: keep up the fight. >> thank you congressman. >> are they using scare tactics to spend more money? would a shut down be such a bad thing? we'll discuss it after the break. (siren blaring) ♪ working as an emt in a small town usually means hospitals aren't very close by. when you have a really traumatic injury, we have a short amount of time to get our patient to the hospital with good results. we call that the golden hour.

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judge napolitano: republicans on capitol hill say they are close on tax reform, they will have no time to bring, government funding runs out friday december 22. unless they can agree on a spinning bill. >> there is still work to be done. at-this-point, we're coming up to a critical time, the one unifying thought is that no one wants a government shut down, everyone is looking for ways to make sure we properly fund our military men and women. judge napolitano: some obstacles that could make it a nail nail-r include a disaster aid package for those affected by last year hurricane, a children health program.

and spending bill for pentagonp for a year. more spending. would a shut down be a bad thing? prove that americans can survive without some government programs? let me ask tha -- hedge fund manager. jonathan hoenig. >> great t to be with you judge, merry christmas. judge napolitano: how bad would it be? >> listen to the -- you would sesee panic. that is historic they use to pass obamacare and bailout, there will be chaos in the street, it is not true.

certainly not with shut downs, there have been 12 shut downs since ford. no rioting, no massive upset, the courts run, police win, military runs, these are essential functions of government. judge napolitano: with -- should people like you and me and many watching rejoice when there is a government shut down? it shows, that we don't need as much government as we're tacked for, as this borrowed in our names to pay for? >> like i can't believe, trying to explain to this judge napolitano, am i right, that american system is set up for gridlock. >> right. >> right a system of checks and balances so no branch of government, has too much power over the individual. in this abl age of compromise,

everyone just wants to get along, if compromise means people give up their principles is a bad thing. if you shut down because of your principles should be applauded. judge napolitano: is government shut down itself misleading, doesn't 80% of the government keep running? >>iace yes, it is theatrics, you know, you are not going to see mount rush more. but, the basic functions of government, police, military, courts they continue to run. a lot of non-essential, what many say, they will be affected but we have 3 million government employees, most of them don't get fired ever, a lot would be furloughed.

>> jonathan he hoenig thank you. judge napolitano: super size me director wrote a post on twitter saying -- spurlock detailed troubling encounters from his past, accusation of the rape, and revealed a settled a sexual harassment allegation, stems from remarks he made to a former personal assistant. it good to get ahead of story, how will #metoo movement respond to his #hetoo? >> this is a question of "me too" has not tackled yet, how do

you deal with those individuals who made mistakes in past now want to deal with their reconciliation. they now say, where to they economiesist, the question -- how will "me too" handle he too. judge napolitano: bree a good lawyer will tell a client, never deny something before have you been accused of it, this a court of public opinion. >> i thought it was a smart move, he said he was waiting to be outed. and decided to jump the gun. i thought interesting, that he said a woman thought that he sexually assaulted her and raped her, but he didn't see it that

way, i think that you know, a lot of these and a lot of these have been happening more and more, i think reason they are confusing murky encounters,/assaults have been occurring only thing governing sexual relations now is consent. judge napolitano: were democrats fair to al franken. 2/3 of his accusers were anonymous. >> a tough question, a question that, i think a lot of people have wrestled. with flan franken is one of fewn who would get due process. he was going to face his accusers. and because of a couple of members of u.s. senate, he was not given his due process, we have to be carry fill as we talk about these accusers and allowing to be heard and do that

and throw baby with bag water. >> got it. judge napolitano: facebook is ruining society. that is from social media site former vice president, short-term dopamine driven feedback loops that we've created arer di destroying hows society works. facebook responding, saying it has been 6 years since former vp has worked. has social media had a negative impact on society. >> i would say slee absolutely. noted that despite vast geographic, habits of our mind and character was the same, those character, were what bound

us together, we cultivated those in the church, facebook is trying to replace the church, and big institutions. judge napolitano: replaces church? >> mark zuckerberg said that a few months ago. judge napolitano: my view, tell me if you think i am wrong, this is real freedom of press, you say whatever you want, government does not intervene, what people say things about me, i don't have to read it. >> you are right. this is a catch 22. it has ripped away a little bit of community. you don't have to share your views with your congress, you can go to facebook or tweet them. interesting you notice new campaign, of we need to facebook is not working how they rebuild or build community. they have chipped away at it.

>> they have destroyed it. they are trying to rebuild it with app artificial thing. >> thank you, for joining us. >> mainstream media loving fact that roy moore lost the deep red state. is it a long-term rip for g.o.p. and president. judge napolitano: who else, lower kurtz is joining me, next. zar: one of our investors was in his late 50s right in the heart of the financial crisis, and saw his portfolio drop by double digits. it really scared him out of the markets. his advisor ran the numbers and showed that he wouldn't be able to retire until he was 68. the client realized, "i need to get back into the markets- i need to get back on track with my plan." the financial advisor was able to work with this client. he's now on track to retire when he's 65. having someone coach you through it is really the value of a financial advisor.

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judge napolitano: rebuke of president trump, this despite fact that jones out spend roy moore by 10 to 1 margin, and roy did not have reputation of being an eagle scout. this is media right to blame trump or should blame be focused elsewhere? talk to host of media buzz, howie kurtz, how is media rejoiced over the defeat. >> because, media collectively decided that this was a guy unfit on be senator. yet, you know imagine tone if doug jones lost by 20,000 votes, and all coverage about how terrible it would be for republican party, and press played a leading role in reports accusations of 9 women. judge napolitano: will we know

or just fanciful to guess if roy moore lost, because he was a defecdefective candidate. he did not effectively dispute the horrific allegations against him, but donald trump's popularity sunk him. >> donald trump did not lose this election, roy moore did. he was endorsed and rallied. did robocall, a setback for trump, but roy moore stayed off campaign trail, every time he spoke, they would create new controversy about slavery and homosexuality, a little bit of y glee in hanging this about the president's neck. judge napolitano: i don't know if media has a sense of ethics,d

washington post time allegations or did it come to them? >> in fact, post took quite a bit of time to get the 4 women. that later became 9 on record, double check stories with people they spoke on at the time, it was a careful bit of reporting that held up. i don't think that this was as roy moore would have had you believe, liberal media to get him. judge napolitano: switching gears, before you go. like your thoughts on big media story of the day? disney buying large part of 20th century fox fo for $52.4 billio. with fox movies, and statement studios like simpsons but not fox news, your thoughts. >>ny thought, robert murdoch loves news, he wants a smaller kimplesmallcompany.

deciding it would be harder and harder to compete. he threw those overboard and focus on what we do. judge napolitano: howie thank you very much. >> coming upward on christmas, is getting so expensive, santa had on at thhad to get a side j. the most festive commute in t

year, santa was driving the bus, reindeer wanted a work stoppage, someone said that rudolph of the fired for harassing a female reindeer, which would not surprise me these days. topic two.

charles barkley says he decided not to run for office. i don't know why people are make a big deal of this, from look of it he has been decides not to run of day for 10 years, i kid, sir charles don't hurt me. remember that time i tried you in my courtroom in new jersey, rumor started after barkley campaigned are about jones in alabama election when asked if he would for governor of alabama he said no, they can't afford me. >> finally. a pol politician honest. >> cracker barrel named best chain restaurant by top food critic at washington post. i know sports fans say, what about buffalo wild wings? i can't tell you. this is a family program. let's stay there is a reason they serve beer by the wheel

barrow. denny's second, and texas roadhouse, olive guard 18 and applebees, cracker barrel is only chain to receive a-rating. >> all right it might seem leake overkill to have so many cracker barrels, you never know what you need a double order of chicken fried steak and cassette copy of dolly partons hit. >> walmart is selling marijuana christmas trees to web site, before you buy one, these trees are fake, they cannot be smoked no matter how hard you try. unclear who they expect will buy these things they sells there are twa 5s thereare$250 atree. if you do go to a party, they have one of these trees do not

eat the cookies if you plan on driving, god forbid you should be stopped for doing 32 in a 65. >> topic 5. new "star wars" hits theater tonight. it could break record for largest box of opening of all time. i think it has a shot, critics are in love with last jedi. audiences are still in love with make believe stories. i'll be right back with closing thoughts, legal topic you and i hold dear. 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.

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free to try. no credit card required. gocentral from godaddy. judge napolitano: a straimpleg scary week in new york city, a suspected isis sympathizer in a jail cell after his poorly made bomb report off in a subway station, now calls to strip resident of his rights sustained him to guantanamo bay. without evidence because of islamic state is a foreign power with an army sworn to do harm to americans, soldier have no constitutional -- no

constitutional protect, ullah is a soldier of that foreign army so the argument goes and should be treated as a soldier under the geneva convention. he should then be tried by military in gitmo, this is why this terrible, ullah's right to legal counsel are guaranteed by constitution, no government official no matter how powerful or well intended with interfere. >> liberty lovers must stand up this danger of the mob approving curtailment of constitutional protect, for unpopular monsters who harm us, is as real today as it has been. and we must guard against it. thanks for watching, you can follow kennedy on ullah twitter and instagram. on kennedy nation. and e-mail her.

kennedy is back on monday night. thank you for watching. good night. >> lou: good evening, everybody. you remember the senate seat that was so important just a day ago? it seems that the nation survived the upset and election of the first democratic senator to serve alabama in 25 years and now the swamp moves on and quickly. will the republican leadership deliver on tax reform that is important to the prospects of the midterm elections and will the gop succeed in stopping the dem's effort to stop down the government or will they aid them in the effort? and how about robert mueller and th