lou: that's it for us tonight. tomorrow night, steve forbes, pastor robert jeffress. good night from new york. kennedy: tonight the house votes to allow the government to continue spying on you. why do they hate freedom? should president trump sit down for an interview with special counsel robert mueller? the president apparently changed his mind. superstar singer steel is claiming oprah is part of the problem in hollywood. 702 of the fisa act was beefed up and reauthorized. there was hope congress would

curtail the intelligence agency's ability to scoop updata on americans. proponents say it keeps us safe because it targets bad gaze oversea. the reason there was such a bipartisan upswell is bad people in far away places can be surveilled without violating the 4th amendment. the secret fisa court was appalled communications weren't netted to or from, or rather about that person. if you have a hot piece of gossip about sergei at your gym, just mentioning his name can get

your documents scooped up. that could restart for another six years. imagine the program and technological net they can build in that amount of time. we don't know how many americans get thrown under that data collection process. today the house failed. at a time when we have grave concerns about the fbi and other intelligence agencies obtaining damning information, we should be more vigilant than ever to protect our eroding civil liberties. welcome to the show. i'm kennedy. one liberty-minded lawmaker in the senate isn't too happy his

chamber won't be the. senator wyden promised he would filibuster the legislation, but house leadership supports this liberty-killing bill. >> you pass the amendment, you bring that fire wall right back up. you defeat this underlying bill, we go back to those days where we are flying blind from protecting our country from terrorism.

kennedy: flying blinds. here to explain why paul ryan is mistaken. justin amash. what is the most of troubling part about today's vote? >> it's troubling that we have people in leadership on both sides who mislead members of congress, mislead the american people about my amendment and what the program does. you heard speaker ryan talking about building walls and not allowing people to share information. the amendment wouldn't do anything like that. it would allow the government to go after foreigners overseas, but my amendment would protect the rights of the american people. it would require a warrant when you want to search on americans. something our constitution requires. kennedy: are those back door searches law enforcement can do without warrants, they can seize any of the information that's

been caught on americans about perhaps a foreign target. but that information can be used in other law enforcement investigations. that will continue with the reauthorization, correct? >> correct. the huge store and stoarts of our data, american data that they swept in while they conduct fresh surveillance, and the government says they want to be able to search that data without getting a warrant. when you have searches on americans, our constitution requires you get a warrant. you have to have probable cause and they don't have that and they don't want to have that. that's why they fought against my amendment and made up a lot of things about what the amendment does. kennedy: the kind of hyperbole that disgusts me when democrats do it. and to see republicans doing that when it comes to something like civil liberties when we

know there have been so many egregious examples of the government overstepping its bounds. the fisa court smacked down the nsa. devin nunes the house oversight chairman says in the measure passed in the house today there are rigorous measures to protect prior i. do you agree with that? >> no, i don't. they have a weak warrant requirement. it would apply in almost no circumstances. in the very few circumstances in which it would apply, it would protect criminal suspects while not protecting people not suspects of wrongdoing. where you want to protect people especially who are not suspected of anything it's a ridiculous requirement. it doesn't really protect anyone. what we wanted was a real

warrant requirement to protect americans. kennedy: let's talk about this unmasking. is there anything about unmasking that is correlated with this sort of foreign collection? >> it's related. if you are collecting more information on americans and able to search more things on americans up front, then you run the risk of having things unmasked later on. the most of important thing you can do is limit the amount of information in these daughterra bases. but going beyond that we have to prevent the ability of the government to search the data bases on americans. that deals with the unmasking issues. they are related but they are not identical issues. kennedy: the fact that law enforcement can go in and get some of that information, it's very problematic. we talk about one size fits all

measures and things like common core. this is a one size fits all intelligence. it seems as though although it's well intentioned, the unintended consequences can be so problematic. what can the senate do at this point to mitigate some of those consequences? >> i think the senators need to do what we did in the house. they need to work hard and educate their colleagues. the ones on the right side this such as senator rand paul and ron wyden. educate their colleagues, educate the american people and fight. do everything you can to fight this. if people at home aren't engaged and members of congress aren't engaged, they will vote to reauthorize. we have to make sure they understand the issues and understand the importance of protecting people's rights. kennedy: how does section 702

make us less safe? >> if it's misinterpreted and you collect people's data like they are doing currently, and it's american data and you are searching without a warrant, it puts us at risk. if our liberty is at risk, our privacy is at risk. kennedy: i'm sorry the vote didn't go your way. we were looking forward to that amendment's passage. we have to keep up the good fight and you are doing tonight d.c. thanks so much for that. let me take it to my fire and ice panel, it's a man's panel tonight. pete hegseth is here along with "reason" magazine's peter

suderman and ned ryun. you saw this happen today. the president seemed to be at odds with himself in dueling tweets. i'm sympathetic to how he feels. it appears he and his team were spied on and scooped up in this surveillance net during the campaign. ned: our civil liberties were put from the middle of the street and burned to cinders. it's as though we rewarded very bad behavior. it has been admitted. we have seen evidence of it the last several years, abuse by the nsa, the fbi, the doj. kennedy: and we have outstanding questions about the fbi. ned: the last thing i'll say before i let these guys butt in.

the fbi essentially admitted they used the dossier to get a fisa warrant to spy and american citizens. we are rewarding bad behavior and i don't understand it. kennedy: not only is there a total lack of transparency, it can be weaponized as a political tool for either side. that's why you see the bipartisan support for the types of amendments that curtail the abuse. one of the things i brought up in the monologue is the amount of technology, the way they can come up with new ways that will be now legally codified for spying with various program and hardware. >> this is a bipartisan farrell our to protect the privacy rights of american. we think of this as part of the foreign in tell jones surveillance act.

the fbi is a domestic police force. when the fbi uses -- they ends up using selectors, think of them as key words to pick out details on americans that have been caught up in picking up foreign data. when the fbi does it, that means they are going to come after american on domestic crime because of this. ken there are when somebody at the fbi searches for a foreign target, they can gather your information. but can't they also gather the information of everyone else. >> if i have emailed someone who is overseas, someone caught up say in a cia or nsa search. then if my name comes up as a matter of course, the fbi searches everything about me. finds out who i communicated with. finds all these massive communications the government has stored on us. i think that was very worrying.

that is a big part of what amash was trying to correct and what leadership in both parties rejected. kennedy: if you have a problem, get a warrant. that's what the constitution requires. but unfortunately the dramatics and the emotionalism took over. pete: i'm a hawk and have been. but your freedom-loving logic and common sense has worn me down. let's spy as robustly as you can to anyone who is not an american. but if you are an american, you are afforded those protections. we have seen not just scooped up, we have seen targeting of political opponents that could be weaponnized on either side. if congress is not doing what it can to put constraints in. if you can claim imminent

national security, get a warrant. kennedy: one of the issues you keep getting back to, if you have this many people caught up in the net, there is no possible way you have enough people to go over that information and pick out the bad guys. ned: i feel where the line was drawn today was drawn towards getting certain people who have beshaved very badly given the advantage in this situation. i thought we were supposed to put the people's rights first. peter: only the tech know krats and bureaucrats can reuponnize it. kennedy: well, the panel returns

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kennedy: the trump administration is opening the door to cut off benefits to people who aren't in school, have a job, or participate with. only 60% of people are working who are on medicaid, and they actually work really hard. is this a good move and will it impact you? associate professor economics at the king's college, brian brenberg. people are in favor of work

requirements for medicaid. >> this one issue where people of line up. and it makes sense. when you think about all the money the government spends on welfare and benefits. people say if you are going to get some of my tax money, at believe the work if you are able to work. when you ask the public, are you in favor of work requirements and they are not a caregiver for the elderly or disabled. yes, work. kennedy: there is a lower incidence of depression for people working. it can be consuming and hard on your soul to go back to the grind stone every day, you are less likely to suffer from depressive illnesses. >> we have problems of isolation in this country. it's good to be serving

customers. i think a lot of people support it for that reason. but 60% of medicaid recipients already work, and most of of the rest will probably fall under one of these exclusions where it comes to being elderly, disabled or a caregiver. kennedy: when you talk about long-term disability, that's a track you would go down. it's not just medicaid. but it's been so vastly expands and it gobles up $350 billion a year. >> we have almost -- almost 70 million people on this program. people say we don't want that's people to depend on the government for their healthcare. maybe they can start to work their way out of this system. this is not the desired end goal. in a good, just, prosperous

society you don't want that's people depending on the government. kennedy: if you look as the maine and alaska. they are economically depressed and their senators tends to vote for things like medicaid. this allows states to experiment on their own with their own work requirements. >> this isn't the federal government sayinger all going to change your medicaid requirement. they are saying if you are a state, we'll put some guardrails in place to make sure it doesn't disadvantage the elderly or disabled, but see how it works. these little experiments in the state. it blows my mind that the critics can't see that that's what's happening and we have the possibility to discover better ways to help people. kennedy: if there is less

bureaucracy and fewer top-down edicts. then maybe the system will be a little more streamlined. is that too much to ask? >> not only streamlined, but effective. the point is to help people get off of these program ofs. you want to find the -- off of these programs. i say amen to that. it's exactly what we want. kennedy: thank you so much for being here. nice to see you. president trump said he's open to having a sit-down interview with robert mueller, but now he says, he's not so sure. should he avoid a face to face at all costs? noil they can even pay their bill- (beep) bill has joined the call. hey bill, we're just- phone: hi guys, bill here. do we have julia on the line too?

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for a store near you. we cut the price of trades to give investors even more value. and at $4.95, you can trade with a clear advantage. fidelity, where smarter investors will always be. kennedy: should donald trump sit down with robert mueller for an interview on the russia investigation? county require has been determined there is no collusion by virtually everybody, so we'll see what happens. reporter: will you be open to it? president trump: we'll see what happens. when they have no collusion.

it seems unlikely you would even have an interview. kennedy: the president was singing a different tune back? june. he said this. president trump: 1 -- 100%. kennedy: is the president wise to avoid going one-on-one with mueller? let me ask mollie hemingway. let's talk about this. a few short months ago the president said 100%. he seemed willing to sit down and proclaim his innocence and clear up the matter. what changed. mollie: i don't think he could avoid talking to a prosecutor if a subpoena is issued.

bill clinton had to talk to a prosecutor about his sex life. but the president's point is the whole thing was suppose to be about a collusion investigation. kennedy: you said if the president can get a hillary interview he should sit down. please explain what you mean by that. mollie: he should ask for the hillary clinton special where your innocence is decided before you sit down in the interview and you have a friendly chat about yoga where nothing is record. he should request that. kennedy: we are just taking some notes. but we already have written the memo exonerating you. i'm going to say some mean things to the cameras, but you will get off scot-free. mom * there has been an

inconsistent prosecution coming out of the justice department. and leaking information doesn't seem to be prosecuted. and mueller is bringing up other people on process crimes. he should think about how to give confidence on his investigation. kennedy: how does he do that without interviewing the president? mollie: who is there, whether attorneys are present, what's record and what's not. it's worth remembering this entire thing is suppose to be about collusion with russia which the more we learn by the, the more we learn that itself was an information operation. that's not tbliesd in reality as -- that's not based in reality. i think people want to see more scrutiny of those people in power in the justice department and how they use information. kennedy: do you think what james

comey did in leaking that information to a reporter, do you think that was more legally problematic than what you have heard or seen from the president or anyone on his campaign team? >> he took these documents and leaked them to a friendly reporter. chuck grassley said there were seven documents had and four of them contained classified information and four of them were leaked. kennedy: i'm sure the office of special counsel is look into that. very, very fair justice meted out on both sides. let the smear campaign begin. oprah winfrey made an impassioned speech about women's rights and the fight against sexual assault. yet one celebrity wanted to erase the oprah buzz and snap

america back to reality. that would be seal. remember seal? he posted this on instagram. it's a picture of winfrey cutting harvey weinstein with the caption when you are part of the problem for decades but suddenly they all think you are part of the solution. could this put a quick end to any hopes oprah may have of running for president? the party panel is back. pete hegseth, peter suderman and ned ryun. here is what i saw when i saw oprah deliver that speech. thank god she is not meryl streep. i thought meryl streep squandered her time. she didn't focus on her career. she called out donald trump and it was very annoying and damaged her reputation. oprah had a lovely speech. but is that enough to run for

president? pete: no. it was a dramatic perfect hollywood moment. in hollywood they are always look for that perfect dramatic moment thinking that's what a president does. of course, a president delivers speeches and has to be able to inspire people. kennedy: it's ha kennedy: it -- it's martin sheen on west wing. peter: oprah is a lovely person and delivers a great speech. but the fact that one speech can start a news cycle on whether she is going to be the savior who will rescue us. kennedy: does this show democratic desperation? or creative thinking? ned: it shows how the democratic

party is grasping at straws. i have got to tell you, i'm a little perplexed. i didn't hear her mentioning any names and calling people out. it would be a strong stands against the things hollywood has been guilty of. there are plenty of pictures out there with her good pal harvey. kennedy: if they are in the film industry, they all knew. she knew. peter: this is range hypocrisy when she said we didn't know. it was actually seal. and his hashtag was perfect. hashtag sanctimonious hollywood. they go along and get along

forever to enrich himself. the moment it occurs, they get a free pass, then they get to call it out and preach to the rest of us. peter: i would take them more seriously if they called themselves out. they don't want to do that. peter: hollywood likes to create a fantasy world. this is part of it. kennedy: thank you so much for being here. ned, peter and pete. coming up, the media likes to call the * unstable and unfit for office. but are media pundits unqualified to make those claims. liberty mutual stood with me when this guy got a flat tire

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for power e*trade. the platform, price and service that gives you the edge you need. looks like we have a couple seconds left. let's do some card twirling twirling cards e*trade. the original place to invest online. kennedy: president trump is known to enjoy a big mac or a steak very well done. but what kind of shape is he in he will head to walter reed. the white house says the first

exam since becoming president does not include a psychiatric exam. from the fox news medical team, the a team, dr. marc siegel. welcome back to the show. the president is going to have this big physical exam. what will we find out from it. >> he doesn't drink and smoke. that's huge, because that's killing millions of americans. they will ask him about his immunizations. they will ask about exercise and his diet. his diet may not be the greatest. the last three presidents said that pastry chef in the white house is unbelievable.

and president bush told me he had trouble staying away from the pay trichef. we know president trump is taking lipitor and his cholesterol is low. i think he should walk of course more. president trump walk the course more. but senator rand paul told me nobody can beat him. president trump has great physical abilities in terms of what kind of golfer he is. walk is a great exercise. more cardiovascular exercise is what the doctor may tell him. kennedy: this is not the doctor who wrote candidate trump a glowing note. he treats past presidents as

well. >> bush brought him in. he's an emergency room physician. what do you think doctors in the e.r. do? they assess people quickly. you know what they do with presidents that they don't do with us? they will test carefully hearing and vision. as far as this nonsense -- kennedy: should he be given a psychological evaluation? >> i think there is a lot of evidence he's functioning well. he made his own multi-billion dollar business. he graduated wharton. so the actual physical where he may spend an hour with president trump he will look at that. but you made at the beginning of this segment a key point. the armchair psychiatrists

should be ashamed of themselves. kennedy: they should leave it up to me. >> what do you think of the people making the comments? kennedy: i think they are sick in the head and should be put in a coma. >> i'll put them in a coma and observe them. kennedy: a florida man's morning commute took self turns for the worst.

kennedy: the new england patriots released a statement saying there is a rift between tom brady and the gm. and this is the "topical storm." we begin in the land of misfit toys we call florida. a man was driving to work when he got a hangerring for some dough -- a hankering for some donuts. he didn't stay in his lane.

the good news is nobody got hurt because you get used to dealing with spinning cars. caps say he may have been texting and driving. i can't text anything in 30 seconds that auto direct doesn't change. i have never said ducking in my entire life. topic number two. the makers of diet coke are having some correction issues after unveiling new flavors and new designs for their cans. it was supposed to appeal to millennials. but like millennials, the cans don't seem to work.

twitter has been kicking diet coke over aspertame. the company unveiled five new flavors including ginger lime and feisty cherry. if you are brave enough to try them, he ask that you refrain from driving because they could have a reverse effect on your system. topic number three. "fire and fury" is the hottest impeachment fan faction on this flat earth. but some readers are getting more about germany than they expected. it's not because president trump hacked angela merkel. it's because people bought the

wrong book. this "fire and fury" about world war ii was released 10 years ago. but it rocketed to the number 3 spot after scores of trump haters bought it. this isn't the first time this has happened. just last year thousands of people hoping to read a book about hillary clinton breaking the glass ceiling, wound up reading a back about her break wine glasses. apparently the people who like hillary's book also like a toaster in the bathtub. your tur -- your furniture shout be the only thing that lasts 9 months.

it gives you a coupon code for a new crib if you are pregnant. and if you are not with child it gives you a high five and a list of awesome things you can do with all that have time and money. it doesn't want to make couples upset. that's what building furniture is for. pass the allen key. it's nothing a pot of swedish meatballs can't fix. topic number 5. the postal code says neither snow nor rain nor heat nor rain or gloom of night would top the mail. but i wouldn't mind if they took a sick dayer once in a while so i didn't have to deal with the hate from all of you. this is viewer mail. beverly asks, why are you

yelling? beverly, because you are deaf. boyd says idiotic kennedy not remotely funny. brendan writes if you ever said anything insightful rather than slinging wordy insults you might be worth listening to. here is one insult with two words. yeah, old buzzy informs mer time i try to find some reason to watch your show. still look and still watching, you freak. some internet troll made the mistake of going after fox's janice dean. her response went viral. she joins me to explain in the

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short skirts. they are not flattering on you. you are an attractive lady, love the 80s hair but your legs are distracting. i love the way you hit back against this troll. >> i never addressed it on social media. but this one struck a nerve. i have been a size 12 and a side 4 and now a size 10. but she said fox should stop dressing me. fox does not dress us. we wake up in the morning and dress yourselves. everything you see me wearing is my own creation. i thought why is this bothering me so much? so i put it on social media. when i put it out there, i was

diagnosed with multiple sclerosis over 10 years ago. people who know or love somebody that has ms, there is a chance that we may not be able to walk at some point. we might be in a wheelchair. so my beautiful nurse practitioner who was my first nurse when i was diagnosed wrote something that brings tears to my eyes. she said janice dean you be proud of those strong legs, those strong legs help you walk and jump and make snow angels and do all the things that are so great. i'm proud of my legs. i don't care what size i am. look at the journey i have gone on. look how i'm standing tall. kennedy: you are one of the most of positive, kind people in the building. you treat everybody with courtesy and respect and

sweetness. but given the back story and the way you stood up for yourself, i'm so proud to know you and i'm damn proud of your beautiful legs. >> i'm damn proud of your beautiful legs. we need to think twice before we go and social media, i would never say stop wearing that skirt. kennedy: thank you see much. >> i love you. kennedy: you are an amazing person. please follow me on twitter and instagram. say nice things every once in a while. monday martin luther king jr. day. fbn is open for business with live programming all day.

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