it's because of the inspector general that we found out why. lou: byron, we'll have to leave it there. let's continue the conversation and you continue your great reporting. thanks for w w w w w w w w w w . kennedy: the government shut down for three days, but did anybody notice? a slew of text messages show more anti-trump bias in the trump administration, but a bunch more are missing. the sag award go heavy on female empowerment. will that change anything in the country? the government shutdown is on everybody's list. there is plenty of government still at work and apparently abusing surveillance. the house renewed section 702 of the fisa law and broadened

spying practices. there was a secret memo circulating. freedom caucus members like mark meadows and jim jordan insist the american public deserves to read that memo. agencies and operatives overstep their bound when they continuinger in almost near secrecy without accountability. it has explode on social media and devin nunes is leading the charge. which is laughable because he misled people about the phoney reforms that were supposedly in the legislation and put limit on the unconstitutional mass spying. the memo reportedly outline how

fisa lawyers lied to a judge to obtain a warrant to fire what tap carter page. if the dossier was the basis for such a warrant that led to such a wiretap and that was predicated on both the lying witness and agents who committed seasons of omission on his pea half, then accountability is in order. let us read the memo and let due process follow. then let heads roll. i'm kennedy. a republican congressman said the memo will shake our democracy to its very core.

what's in it and could it be that damaging? joining me, judge andrew napolitano. >> hugh could they have -- how could they have sat on this while the congress of the united states of america voted to expand unlawful surveillance. knowing of those abuse and keeping that information from their fellow congressmen. 12 people night rather than the 535 who should have point in. that's incompetence or malfeasance in office to sit on that information. kennedy: while we were having those honest conversations about how to confine the powers that be and discussions about the surveillance state in this country, they knew about these abuses of power. devin nunes was selling this reauthorization. >> devin nunes said there have

been instances in which they have abused the intelligence materials we have let them have, but let's give them more authority and gather more information from us. it shows a disdain for constitution pal norms which is minds boggling. no one is saying the government can't spy on foreigners in foreign lands. but to spy on americans on the basis of area code or zip code. remember this a fisa warrant that aloud them to spy on every customer of verizon which includes the pentagon and langley. that's a profound violation and they don't seem to care about it. kennedy: have you heard what's in the memo? >> no. kennedy: what are they protecting us from? >> they are treating us like children.

i'm look for a courageous member of the 12 to do with dianne feinstein did with the so-called torture memo. take it to the floor of the senate and release it. what have you heard about the memo? >> that it does pertain to the abuse of surveillance and it's extreme. one of them said kgb. another said people in the fbi and the nsa will lose their jobs when this comes out. bring it out. democracy dies in darkness. how can members of congress who work for us know about this and we can't? kennedy: why was senator rand paul denied access someone of those skif rooms to read what other members of congress read.

>> perhaps they thought he would release it. the use of raw intelligence data for political purposes will destroy and undermine democracy. if that happened, we have a right to know about it. it's just as bad for members of congress to say we know by the but we can't tell you about it. what kinds of democracy is that? do we work for them or do they work for us? kennedy: now that 702 has been reauthorized. now that the president has signed that and codified that authorization, that expansion of powers, where do we go from here? >> if a member of the house intelligence committee does not go to the floor of the house and release this stuff, and if the intelligence committee does not vote to relights and it is released, this is just an historical footnote.

and we'll probably forget about it six years from now when fisa is up for reauthorization again. no matter how horrific the behavior of the government, the authority to spy keeps getting larger and freedom keeps shrinking. it never goats the other way. kennedy: if you value the constitution you can't be outraged by this kind of overreach only when it hurt someone you are politically alined with. my fear is some republicans have been disingenuous in this regard and essentially ignored. >> one week ago you interviewed senator wyden of oregon. your interest view was terrific. he pointed to all the constitutional impediments. and he says it doesn't work. it produces information

overload. more data than the government has time toll sift through before the tragedy like san bernardino or orlando or the new york bike path actually happens. now we have this information in the hands of congress. kennedy: keep us posted, judge. the politicization of the intelligence community may run deeper than fisa warrants. a tbhu cache of text messages contain many damning information in the messages. but attorney general will rrl ay general loretta lynch may have known she was not going to

charge hillary clinton. so are strzok and page just outliers or should we be worried. katie pavlich, rob mosque and editor-in-chief of "reason" magazine cat rip mangu-ward. -- katherine mangu-ward. there are concerns civil libertarians have about intelligence communities assistant overreach and abuse. but here you have two people in a romantic relationship exchanging texts messages. you should be able to do that. but why are so many months of those text messages missing, and the ones we have, what do they tell us? >> it would be one thing if one

of them was in charge an intelligence section of the fbi. he wasn't just an agent it's one thing to have a personal rip-off their government phones. but it's another to be coordinating with the department of justice about potentially taking down a presidential candidate. when they talk about in these messages loretta lynch potentially knowing hillary clinton would get off charges before her interview. that means on that tarmac meeting she night, too. because these text messages were sent far before that. there are questions about the doj's role and there needs to be accountability for what happened. kennedy: it's weird that you have got five months much missing missives. every time i talk to the judge, we know what the government can gather. >> most of live i want to reef

taken the mueller investigation. and i'm not in favor of shutting it down. i think i speak for most of americans when i say this whole issue confuses me. in that confusion people will spin it for what best serves their political views. but i don't buy that a huge intelligence agency would suddenly lose 5 months of texts. if my mom said that, i would believe her. she is confused by her phone. but a large, extremely wealthy, well staffed intelligence operation wouldn't accidentally lose five months. >> i totally have to disagree. you always assume government incompetency over conspiracy. those are solid benchmarks. and i think it's totally plausible the fbi updated one

data base and forgot to sync it with the other thing. yes it seems suspicion. but government is bad at everything it does. kennedy: they can spy on any target they want at any given time. if you are a threat to the public they will get whatever they want from you, thank you, cloud. >> when we talk about the police officers who turn off their dash camera at a convenient moment, i think that kinds of thing is more easily provable. what's more, the wording of some of those texts. who knows the real nitty-gritty. the wording sounds like amateur d.c punditry. kennedy: i don't have a problem with people disliking obama or hillary clinton or trump. but they are in positions where they can affect the outcome. and that's what worries me. it's not that people have opinions. it's how do they utilize them.

>> the people who should have the least privacy should be people on their government phones. i remain unconvinces this is the center of a conspiracy against trump. when you look at government losing emails. it comes down to government officials being in hot water. hillary clinton's emails come along, and judicial watch files a lawsuit. and they have all the information they claim they didn't have. and the fbi has been stonewalling congress saying they don't have information. they get sued and we find out they did have information and they were withholding it. they admit they weren't suppose to be doing what they were doing on their phones. so they knew they are doing something wrong yet they are still going forward with it anyway. kennedy: i agree with you. i think there is a gross amount of incompetence when it comes to

government. and it's not updata collection. i don't have a lot of faith. but when people have this kind of power and they can spy on other people, they can figure out ways to abuse that power. that's the way the cake is baked. >> it's not some weird modern anomaly for intelligence agencies to be used for political purposes. you look into the intelligence abuses of johnson or nixon and even kennedy. all those guys used intelligence apparatus. kennedy: and they also had whistleblowers. >> times. kennedy: and sometimes they were silenced in ominous ways. but i think we are right. we place too much faith in these institutions that they will do the right thing, even if that means something as simple as back up a few --

>> or bleachbiting or hitting it with a hammer. kennedy: i'm wondering what was on those other devices. the party panel returns a little bit later. lawmakers poirnght the fingers at each other over the shutdown. john stossel says the shutdown should have been permanent and he will explain after the break next. hold together. a little to the left.

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kennedy: the senate decided to end the government shutdown after the whole country ground to a stopover the weekend. what does the so-called shutdown prove? perhaps there is too much government? should the government shut down permanently? let me ask john stossel. john: not all of it, but half of it. i was disappointed they agreed

to end this thing. i keep hoping it will be an object lesson for people to say gee, the politicians were so obsessed. but i didn't notice. the "new york times," "shutdown crisis deepens." what crisis? nobody noticed. kennedy: does it ever really shut down? so much keeps functioning during a government shutdown. john: the airports, the military, the republicans say you are hurting the soldiers. they are still getting paid. during one of the longer shutdowns, we don't even remember 16 days under obama, 26 under bill clinton. do you remember? most of people don't. the press, the obama shutdowns were caused by republicans and

they were look for people who were killed or hurt by not having government around. in 26 days they couldn't find any. the on thing they could find were people who couldn't get an expedited passport so they could travel quickly. kennedy: that's annoying and inconvenient, but a shutdown costs more than if the government were actually running. why is that? john: because they pay everybody restrospectively. but it ought to teach us in these essential jobs that are not very essential, and if they are unessential, why do we have it in the first place. the national parks you can leave open. the budget director said we are

not going to do with obama did. kennedy: he barricaded them. john: tour guides and some security for the white house. presidents have more security. kennedy: the parks could largely stay open. if you shut down entire agencies for let's say a week. do you think anyone would notice at the department of agriculture or education or commerce are shuttered? >> the corporate welfare queens who feed off it would notice, those getting agricultural subsidies. but america would be better off without that. kennedy: there was a feeling if the government was shut down for a long time it would be hurting so many people. but we see this is all

histrionics. it's drama and annoying rituals. john: it would be good to have a two-month shutdown and let people see how little difference it makes. texas, the legislature only meets every two years. kennedy: is that true? john: yeah. kennedy: we should do that in d.c. the #metoo movement taking place on city streets across america. the movement. ♪ let your inner light loose with one a day women's. ♪ a complete multivitamin specially formulated with key nutrients plus vitamin d for bone health support. your one a day is showing.

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kennedy: once again, hollywood came together to celebrate themselves at the screen actors awards and to bring awareness to the #metoo movement. here is kristen bell. >> we are living in a watershed moment. as what he march forward with momentum and open ears, let's make sure we are leading the charge with empathy and diligence. fear and anger never win the

race. kennedy: they always win the race. the day before people across the country hit the streets for the second annual women's march. hats of all colors, not just ping because of inclusivity. i saw a bunch of these people walking around with signs that said things like to big oil and something something something my service. i wasn't quite sure what the unified concept is. maybe you know. >> the unifying principle farce we can tell in practice for this year's women's march and last year's march which coincided with the inauguration is an

anti-trump movement. many women in the country celebrate changes that happened because of the trump agenda bete whether it's thanks cuts or a different approach to foreign policy. women in that boat are left in an awkward position when the women's marchers try to frame 2018 as a battle between women's interests. kennedy: don't women also participate in the economy? don't they start businesses and spend money and hopefully save money? isn't a healthy economy also pro woman? or am i a mouth piece for the patriarchy. >> the unemployment right for women is the lowest it's been

since 2001. women are reentering the workforce and finding the jobs they want, jobs we hope are paying more as corporate tax rates translate to better wainls and bonuses and jobs for people including women. women are also workers. and as the stock market continues to do well, women are investors and we are happy to see the market is doing well. kennedy: if you have an ovary or two you can go ahead and get a small business loan. it's really great. >> oh, gosh. i think the dangerous part of the conversation around the sag

award and the women's march, sometimes issues that should have widespread support. when you mix issues in as a way the times up campaign is attempting to do with other issues like wage equality and attempting to close the wage gap, that's where it gets murky, we can support equal pay for equal work. but we realize the wage gap isn't a good metric for discrimination. we should keep the politics out of standing up for women. i salute women's marchers for getting out there. but to pretend their movement is all for all women isn't right.

kennedy: monique is urging fans to boycott netflix after they offered her a paltry $500,000 for a comedy special. that's far less than they gave to amy schumer. she accused the streaming service as racial and gender disparity. monique posted on instagram this video asking quote, these two bloom women with 50-plus years in the comedy game, they offer $750,000 between the both of us and amy schumer gets $13 million? netflix has not responded to the

accusations. the party panel is back, so they also paid page chappelle $20 million. doesn't that sort of equalize the desire to boycott them? >> there may be something else going on beside racial disparity. one piece that isn't talked about enough is wanda sykes said no thanks. if you don't think someone is offering you fair wages for your work, you can say see you, suckers. and she did. i would rather they didn't call for a boycott and legislation. what whether earnings of those

specials. did the specials have netflix subscriptions? kennedy: they didn't want to hear her resume because there is nothing on there that necessarily says more people will watch your special because of the projects you worked none the past. >> as the only hiring key member of the patriarchy. i have some takes on this. kennedy: regardless of the fact they have boobies, katie and katherine outrank you. >> this speaks to a broader trend in comedy. if you refer to kate's politics that's a substitute for actually being clever. as we saw in the previous segment. if you are an actor or actress and want vague moral authority,

regurgitate the talking points and you will get coverage for being in a new phase of your career. kennedy: if you are no longer funny, you can go out and rattle talking points. >> it's why the trevor-noah show. >> people are sick of this victimhood mentality being an excuse for everything that goes wrong in someone's life. context surrounding business decisions are important. ing in is black and white. you can be judged based on your individuality, your creativity, what you bring to the economy as a person.

in the creative space of hollywood and comedy, it's important. kennedy: it's subjective. what is funny. apparently more people nants affirmative when asked about dave chappelle and amy schumer. former president obama says you are unfit for office. dose truly hate his policies or is it all revenge? this is frank. sup! this is frank's favorite record. this is frank's dog. and this is frank's record shop. frank knowns northern soul, but how to set up a limited liability company... what's that mean? not so much. so he turned to his friends at legalzoom. yup! they hooked me up. we helped with his llc, contracts, and some other stuff that's part of running a business. so frank can focus on the beat.

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kennedy: the silent treatment alive and well in washington, d.c. a report says former president warm and current president trump have not spoken since his inauguration. because unlikely successor has been president for over a year and he's been tearing down because legacy one executive order at a time. obamacare and met knew neutrality. and is this just grudge fudge

for his political nemesis? joining me, chris stirewalt. >> you got me with that one. grudge fudge. if the worst fudge of all. as presiden president obama oped candidate trump. he says at least i was the president, you will never be. >> donald trump also insults barack obama constantly. he says he was not even born in america. they have had an unpleasant, undignified, unworthy relationship back and forth over the course of their lifetimes. kennedy: even when an administration transfers from one party to another, they still

talk. president clinton and the elder president trump bush, they talked. and of course president george h.w. bush spoke with ronald reagan when he succeeded him in the presidency. but these two literally have not talked. >> the ex-president's club is a thing and there is a strong history dating back to washington and being respectful of those who have gone before you. you don't prosecute them. you let them go in peace provide they go. as long as they go, you be let them go in peace. but i'm sure ronald reagan and jimmy carter did not have a lot of constructsive conversations. just as i'm sure clinton didn't have a lot of the constructs ill conversations with george h.w.

bush. but in this case trump can be an mitted by malice in attacking obama's career and his accomplishments. but also it can be the things he and the people around him believe are better for the country. we have no reason to believe trump is acting in a way he thinks will harm the country in order to spite obama. kennedy: he was running essentially against his legacy. president trump saw hillary clinton as the natural success scissor who preserved that legacy. and he spoke about that. you know he's annoyed that president trump takes a chills and dismantling it every chance he gets. not only is he doing that for personal spite and gain. but he's making good on the

campaign promises and servicinged the base at the same time. >> i don't know what's in the minds of the former president. but there is much contentment in the minds of the democrats. trump has gone the lucky breaks and has had successful execution with tax breaks and trying to avert the shutdown. kennedy: i think we should all hope and pray for the health of the nation, particularly the economy. a good economy lifts people out of poverty it's just plain fact and science. it makes you a good person to want good things to happen, even to people you don't like. chris stirewalt, thank you so much. coming up, an eagles fan got

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kennedy: a 9-year-old girl was

pulled out of school for giving'brownies to several classmates. her children are in huge trouble because they didn't sends in enough for the entire class. and heaven help them if they contain peanuts. we begin in the city of brotherly love, philadelphia, where the eagles are in the super bowl and their fans are getting smashed. he was trying to catch the train, by wound up catching the pole. this would have been a long run for the vikings. the fallen fan is expected to be just fine. but while patriots fans are expected to put more points on the core board. eagles fans are expected to put more points on their driver's

licenses. topic number two. there was a conspiracy that the nfl want the patriots in the super bowl because narrating are global. but if the league really liked the pats, would a ref be congratulating tom brady after the game? all right, that's a bad example. there he is. i'm touching you, tom, i'm touching you, you are famous. brady takes a non-protesting knee and the conspiracies further fueled by the fact that the pats were called for far fewer penalties than the jags who turned into the washington generals in the second half. the team said it never had time to bribe a ref because they have

footballs to deflate and practices to videotape. we reached out to the ref for a comments but he drove off without speak. tom brady would never bribe a ref. he sold his soul to the devil so he wouldn't have to. a tampa man apparentsly got drunk and was craving burrito. so naturally he drove to the bank. not to get money or rob the place, but to place an order from the drive-thru teller because it's florida. police say douglas francisco had no idea that he was in a bank of america when he ordered a beef and cheese burrito from the teller. she promptly informed him he was

not at taco bell but the bank did have other products for him that were terrible for them, like i knewities. the teller said it was like nothing she had ever seen before. he was arrested later that day. the judge set bail at $500. and he's facing a $3 penalty for trying to withdraw food from another bank's atm. the hot rumor is former one direction singer terry styles could be the next james bond. why watch oo7 hit the bar when you can watch him hit puberty? the rumor was started when the last bond said he would be a

replacement. but since he's a former boyfriend of taylor swift his number would have to be changed to 3,007. one way or another we tried to catch up with the guy in charge of casting but he couldn't talk. no, i have got to go punch a horse. this fella was shaken, not stirred. can you imagine what will happen in the city of minnesota when patriots fans and the nice citizens. topic number 5. ed sheeren is engaged to his high school sweetheart. he told "people" magazine the couple and their cat are

extremely happy. forgive me for thinking out loud. but the cat has no idea what's happening. the on the they would be happy is if you two go on a long honeymoon because cats hate your guts. all the supermarket flowers in the world can't change that. but they are an adorable couple. and we should wish them the best of truck in their marriage because odds are they will only do this once. we covered stories about college student acting like babies. now new research explains why. my name's dustin. hey, dustin. grab a seat. woman: okay. moderator: nice to meet you. have you ever had car trouble in a place like this? (roaring of truck) yes and it was like the worst experience of my life. seven lanes of traffic and i was in the second lane. when i get into my car, i want to know that it's going to get me from point a to point b. well, then i have some good news. chevy is the only brand

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try alka seltzer ultra strength heartburn relief chews. with more acid-fighting power than tums chewy bites. mmmmm...amazing. i have heartburn. ultra strength from alka seltzer. enjoy the relief. kennedy: the infantilization of adults continues. researchers at the royal children's hospital in australia concluded since people are spending longer in college and getting married later. adolescence goes until 24. can you believe that steaming pile of bull pucky? it used to be that adolescence lasted from 10-19. these pencil pushers are saying because some of your wisdom teeth don't come in until age

25. we should continue to treat them like children? can you buy booze, serve in the military. treating them liked tolars and pull-ups at nap time does a long-term disservice to society. we have grown too soft if we accept these arbitrary academic parameters. and this army of drooling babies will be the least equipped to run society in the history of humanity. you can follow me on twitter and instagram. email kennedyfbn@foxbusiness.com. tomorrow night on the show, buck sexton, kimberly guilfoyle and

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