charlie hurt, thanks so much for being with us. thanks for being with us. kennedy: word of an anti-trump secret society in the agency. attorney general jeff sessions, the latest to face robert mueller. is the president next on the interview list? who are the winners and losers in the big government shutdown of 2018. i'll tell you. it's time to blow this thing open. here is what we know about the oddities from the left and lurid texts between strzok and lisa page. they texted a lot, apparently in code. we know they both worked for the fbi when they struck up their

own personal probe. and strzok worked on the mueller investigation until those texts got them booted from the case. they apparently spoke of some insurance policy in the spring of 2016 as the fake hillary hunt was in full swing. they reportedly referenced a so kret society which could mean anything. that could be a fun drinking group or a dc swing joint or even a gathering of waist deep staters trying to hold on to their power. but here is where it gets weird. so far it's all perfectly normal, including the part these two were prematurely celebrating hillary's icky innocence. there are 5 months of missing texts during a critical period between december 14, 2016 and

may may, 2017. mueller's old boss james comey admitted leaking. this may all be conspiracy theory connecting distant dots and forcing them together as facts. but you have to admit the whole thing is just bananas. i don't think they were politically motivated democrats. they were forces aligning against an anti-establishment president who is just annoying enough to ask the wrong questions and strip the society of their secret powers. i'm kennedy.

kennedy: are these effects correspondence between a couple of lovers talking politics or lovers talking shady deep state behavior. this is all very, very disconcerting. but is it just a series of disconnected facts that don't point to anything? >> here is the part that disturbs me as a former prosecutor. where are these missing texts. you heard attorney general jeff sessions saying we are going to leave no stone unturned to get to the bottom of this to determine if there is any wrongdoing and take it to the fullest extent of the law. why don't they have that information? and why are fbi counter-intelligence agents using samsung 5 phones and no

encryption to send these messages. it's reckless and irresponsible. most of agents i know who work under cover. they use encrypted services like telegraph or cyber dust. so i don't know why they were doing this if they didn't think they were going to get caught. maybe it's because they were just against president trump. maybe they misread the electorate and thought hillary was going to win. but i think it's far more nefarious than that. i think they were acting in concert and working together to affect wait a specific out -- together to effectuate a specific outcome. and has the fbi -- and has the fbi preserved any of these

documents. kennedy: if james comey says it's not negligent within bleachbit and all of those missives. the fbi should know better. the fbi has turned into a spy agency. they have the tools of any intelligence gathering service where they can spy on you all the time. what about the cloud? all it takes is one person who come forward to say you want to see my text messages from that period? here they are, saved. kennedy: as it relates to american citizens versus foreign actors, when you have those two intersect, and you have american citizens acting in concert or

colluding with some kind of foreign entity or agents. therefore they would get that within their purview of investigation. these two just need to be in lock step together. but who else was work or complicit with them. these are the messages between the two of them. they had relationships, they felt comfortable going back and forth. i'm curious. what we have seen so far in the messages available, it's pretty damning. kennedy: that's the problem for the fbi, you are forcing people to manage. it's that erosion and credibility of trust it wasn't the russians or james comey. she lied about so much for so long and was so opaque with the way she offered information that it cost her the election. kennedy: the fbi has suffered some damage here.

we have known the fbi to be professional. those incredible men and women who work there as agents that they are put in this situation by bad actors. but it's really unacceptable because they are put in the highest trust and confidence in the country to keep us safe and look after things. the fact that they would be acting in this way, it's politically motivated and ideologically inspired. and there has been a destruction of evidence that is problematic. kennedy: this morning on fox news channel trey gowdy said he was blown away by how this could all have happened. >> we need to know how the world's premiere law enforcement agency managed to lose five months of texts.

what's also troubling is in the texts we do have, they are discussing how the avoid texts being captured and secured. what's missing is important. and what's there is important. it's manifest biased against trump, his kid, against his business interests. kennedy: we have bias and now the secret society. is this a distraction on the part of republicans. robby soave is here and tim carney, and author of "dear reader, qughts unauthorized biography of kim jong-un and host of you are welcome. michael malice. this sounds like some crazy conspiracy theory. >> we are living in a time when

there was a conspiracy for harvey weinstein and kevin spacey. remember the 90s, hillary clinton went on television and said there is a conspiracy against me. in retrospect she probably knew something the rest of us didn't. when people's phones are being tapped and people are being surveilled. the democrats are acting like the rugs. it's very disturbing. i don't think the congress people would go on tell special making these claims if it were a nothing burger. kennedy: the fact that there is so much missing. people like adam shift and other democrats. don't let this stuff fall along political lines. if the federal government are overstepping these boundaries, everyone has to step up and say that. >> if there is anything where you should be able to get the

right and the left coming together. right has a scepticism of government and the left has a scepticism of government. this is something i hope we get in the coming years. congress should be overseeing these executive agencies, especially the guys who can arrest you and spy on you and kill you. kennedy: is it just weird? is it just dismissible as, may, man, these guys are looking to end the russia investigation? can there be another investigation? >> there should be more investigations, that's fine. i do wish the republicans were as concerned about the violations of all-american citizens' rights by law enforcement and the fbi as they seem to be about possible

violations of trump's rights. there is something to look at. kennedy: these are the people who bad mouthed edward snowden and said he should be executed. an was the one who brought this overreach to the fore. he was talking about these programs that were not ended but have been bolstered. >> same thing for the left. people have flipped for partisan reasons. the democrats and left said no, no, the government is good. government power is holding people. >> it's intrin 60s to the -- it's intrinsic to the system. >> i don't think oversight is

enough at this point. later in the show we'll talk about the memo that reportedly uncovered the memo that shows the deep state spies on americans. and senator schumer tried to draw a hard line on daca, all mcconnell had to do was say it was his quote up tension to bring up the issue of dreamers in the next couple weeks. schumer tried to strike a deal with trump by offering him $1.6 billion in wall funding in exchange for the daca deal. but now the president rebuffed and schumer has taken it off the table entirely. more left-leaning democrats, not

so optimistic. bernie sanders, kamala harris, elizabeth warren, they voted against the spending deal. who were the winners ands willers of this shutdown? >> schumer is a big loser. what he got was what had been offered him before he shut the government down. kennedy: which means a clean immigration bill. i see this as a trial run. what can we get and how does the white house and congressional republicans -- come february, i think we'll see this again. we'll look back on 2015 when ted cruz and the republicans shut down the government, the republicans took the government. and a guy even crazier than cruz

took the presidency. >> what we are seeing is the big winner is mitch mcconnell. he's having democrats go on tv and sing his praises. something even republican senators don't want to do. 2013 is a perfect example. but there is a huge asymmetry in the gesh yaition. daca is a ticking time bomb. if they don't get a deal by early march, those people will get deported. all president trump has to do to win is do nothing. which is something he's good at. >> i always feel like a loser in the government shutdown debates. all the things we hate about government keep work. the tsa is still doing its business and isis is open for business. everybody gets entitlement

checks. kennedy: john stossel had a list of things last night that still function when the government shuts down. he said he wished the government would have shut down for a lot longer so people can see how non-essential it is. >> some of my best friends are kennedy: we'll see you later in the show. first up, special counsel robert mueller interviewed attorney general jeff sessions. is the president next? i'll ask dan henninger after the break. touch is how we communicate with those we love,

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kennedy: the department of justice has confirmed reports that robert mueller interviewed jeff sessions for several hours last week. it touched off widespread speculation over who could be next. the "new york times" reported mueller also interviewed former fbi director james comey whom

trump fired last year. we are told comey shared memos he had with the president before the firing. legal experts say it's a near certainty the president will submit to some form of questioning before the probe ends assuming he doesn't end it himself by firing mueller. welcome back, dan. let's talk about this a little bit. it appears the probe has somewhat narrowed to obstruction of justice in regards to james comey's firing. how serious is that. do you think that's a fair assessment of where we are? >> i think it's a fair assessment. i think mueller is focusing on obstruction of justice. senator feinstein raids that as the probable impeachable issue. we just learned they interviewed

james comey about the memos he wrote to himself about being unnerved with his conversations with president trump prior to the firing. i think it's pretty clear the special prosecutor mueller is focusing on that issue. that's undoubtedly what he spoke to attorney general jeff sessions about. what conversationed did you have with mr. trump prior to the firing. kennedy: when did you leave the room? >> i don't think they are any closer to proving obstruction. personally i think trump fired comey out of rage. i don't believe he was trying to obstruct. but prosecutors are looking for a their he piece here. they don't need all that much to base a charge on. that's the risk president trump

is in now. kennedy: it sounds like an impeachable offense if democrats take back the house of representatives. it does have to be a very curious interview which you have got attorney general whose recusal prompted the appointment of special counsel. >> let us not forget why comey was fired it wasn't just trump himself. but deputy attorney general rod rosenstein wrote that memo saying comey deserved to be fired because he usurped the attorney general's role and had taken the information public in contradiction to fbi procedures. so comey is not without error. kennedy: is this bigger than collusion? if it is, where are we heading?

>> that's an excellent question. obstruction is a crime. collusion is not a crime. we are now a year into the collusion so-called investigation story narrative. we are no closer to where we were at least a year ago. i don't think the collusion story is going much of anywhere. so we've fall back on the issue of obstruction. but the larger issue is what is happening with the fbi, with five months of missing emails with peter strzok * whom he was having an affair with. what's going on with bruce ohr. now we have representative nun else from the house intelligence committee. i think robert mueller has to worry that he's becoming embroiled in an issue that's well beyond collusion. kennedy: dan, thank you so much for your time and expertise.

coming up, pressure in washington is building to release that memo that allegedly contains disturbing details of government abuse. is there a chance we'll get to see it soon? buck sexton joins us with details next. stay at la quinta. where we're changing with stylish make-overs. then at your next meeting, set your seat height to its maximum level. bravo, tall meeting man. start winning today. book now at lq.com the mountain like i used to. start winning today. i even accept i have a higher risk of stroke due to afib, a type of irregular heartbeat not caused by a heart valve problem. but whatever trail i take, i go for my best. so if there's something better than warfarin, i'll go for that too. eliquis. eliquis reduced the risk of stroke better than warfarin, plus had less major bleeding than warfarin. eliquis had both. don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke.

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kennedy: release the memo. that's the call from republicans who have reviewed a memo about alleged surveillance abuse under president obama. >> 25 years i have been in law enforcement before i got here in 2013. i can tell you i read it twice to make sure i read it properly and it was deeply disturbing. anybody who has been in law enforcement will find out. and any american will find out if they have the opportunity to review it. kennedy: fox reports it could be released as soon as next week. democrats like adam schiff say it's a last-ditch move by republicans to discredit the russia investigation.

will this memo see the light of day? and how worried should we be about democrats pushing for redaction? joining me, buck sexton. what have you heard about the memo? >> everyone i talked to about the memo said it's incredibly damning. i have my doubts about what that necessarily means. my sense is it will be some form of executive summary. i don't think it will be the smoking begun that some folks are being led to believe. kennedy: they say this is what happens in a country run by the kgb. is this political hyperbole? for those of us following it for many years, we know there are great abuse of power.

>> no one who knows anything about the history of state security services in the soviet union or other places people throw around as comparisons to going on in this country, if they knew anything, they wouldn't be making the comparisons they are making. there are a few people in the fbi and the doj, and they have abused their discretion. kennedy: "the washington post" is reporting it's in regards to christopher steele and going to the fisa court to get a wiretap to wiretap carter page. and who paid steele and the fact that steele already lied to the fbi in a previous interview. are you hearing that's the purview of the memo? >> if there was that much specificity it would be at the

point where we are talking about a leak. if the for us as clear and damage, i finds it difficult that 100-plus members of congress that have seen this wouldn't have said something to someone. kennedy: for democrats they assume this is a republican smoke screen. then read the memo. if there is nothing to it, you can put people's minds at ease. i don't believe adam schiff. all he does is try to get attention. and he politicizes everything. you can't get an objective, honest or rational word from him. >> the democrats feel if they go and see this, it gives it some legitimacy. so they are hoping the delay in all this will mean some of the political fervor around it will be lessened. i am hoping it is what we are being led to believe. but i'm sceptical.

i know we were talking about nunes and unmasking, and we got them. but it wasn't enough to dramatically up end the investigation. we have to have this debate so we can have the debate about fisa which never goes anywhere. kennedy: why are we seeing this memo now and not before the vote? >> if i'm betting on this one, it will be a moment of talking point bonanza for republicans, and democrats will say probably because of redactions, this is your assessment. it won't be enough raw information to shut down the otherside. and that's your analysis. good to see you. i wish i could say it was bigger than that. here we go.

kennedy: there is nothing easier than developing a bad habit. but if you like most of americans you think gorge on sweets is worse than puffing on trees. the "wall street journal" and nbc news have a new poll out on what folks consider to be the most of harmful substances. and americans believe sugar is more harmful than weed. so should we be more afraid of candy wrappers or rolling papers. soave and carney. michael malice will be playing the part of the wolf boy. thank you all for being here and coming back. so do you agree with this assessment that tobacco is worse, alcohol is pretty bad and

sugar is worse than weed. >> tobacco is clearly the worst. if you look at sugar, the trix rabbit. so i think we need to focus on what makes people happy. i'm not a smoker myself. if it makes people happy and calm and sedate. how would you rather have someone coming home on alcohol or someone on weed. one will tell you funny stories and the other one not so funny. >> sugar is bad and great breakthroughs in food science, we aring that fat is the best one for you. people realizing sugar bad as diet is bad. but we under sell, pot can have

lots of harms too. the most of interesting creative people i went to high school with become boring from smoking too much pot. alcohol has huge social costs. but i'll tell my kid, don't do pot. a little bit of sugar. and i would say no pot actually. kennedy: i think sugar is the worst of all because i'm so addicted to sugar. >> i'm not telling anyone which of these substances they should or shouldn't use. i only care what the government lets them do. kennedy: just because i think something is bad, doesn't mean it should be illegal. >> we have more an obligation to be moralistic about what people want to do with their lives because we want to let them do it legally.

this is stuff you ought to do in moderation. >> sugar is sweet and so are you. kennedy: he's the winner. great to see you guys. coming up, former wwe champion kane running for mayor of dc. and what the libertarian solution to immigration is. out, not just being in the military, but at home. she thinks she's the boss. she only had me by one grade. we bought our first home together in 2010. his family had used another insurance product but i was like well i've had usaa for a while, why don't we call and check the rates? it was an instant savings and i should've changed a long time ago. there's no point in looking elsewhere really. we're the tenneys and we're usaa members for life. usaa. get your insurance quote today.

>> the government shutdown is over until february 8 when the temporary fix runs out. dreamers and other immigrants are still have much in limbo. according to a new harvard harris poll, 81% of voters want to reduce immigration into the u.s. so what is the libertarian solution? and how would that affect towns and cities. glenn jacobs, you know him as wwe wrestler kane. he's running for mayor of washington, d.c. i'm wondering how it plays out

in your state. there have to be farmers and people in agriculture who need seasonal labor and it's difficult for them to fill that with 19-year-olds in the labor market. and you there are people who feel like their jobs have been taken away. >> when it comes to immigration, you can't have a liberal immigration policy and a welfare state. when we look at immigration reform, we also have to look at welfare and regulatory reform. what we tend to do is treat immigration as if it exists in a vacuum while these other things impact it. it impacts them as well. kennedy: if you changed welfare regulations, and the enticements come to this country. it changes who comes here and what their motivation is. you want hard working people who will add to the economy and

fulfill their own dream. while lifting the economy for others. but that's impossible when people are here suckling at the teat. >> and that's what upsets people. it skews the labor market for unskilled workers. employers willing to take a chance, they can pay illegal immigrants less than minimum wage. kennedy: understood the table. >> but the same goes for not only the tax burden and the regulatory burned and paperwork. if you are an employer and you can employ someone under the table and pay them cash, you are not having to keep all those records, it gives you a tremendous advantage over people who do play by the rules. so we have to level that playing field, but that will only happen through regulatory reform. kennedy: and immigration reform.

if people want to work for part of the year and go back. we have to have a system that allows for that. what are some of the big issues that are affecting your part of the state and what when you want to be mayor. >> we are the on place in the country that has a major research university, the university of tennessee as well as a government research laboratory, oakridge national laboratory. we are seeing some great benefits from that. the couple of companies i have seen firsthand on the cutting edge of manufacturing and carbon fiber production. we are in a great spot. what we have to do in our area is make sure we keep our taxes low, that we keep our regulations in line so we can continue to not only make the businesses that are already here feel welcome and be able to do

business more easily. but also to attract new business. >> i know you have libertarian points of view, and there are a lot of areas where i agree with your philosophy. but there is a big difference between someone like ron paul who is a congressman for a long time and a doctor. but he was never an executive. in a mayoral position, you will have to execute all day long. how does a libertarian govern. >> you have to keep your principles. we have a lot of common sense down there. and that's what people want to see. you can provide that business friendly environment. the mayor's job is to insure economic development and make sure jobs come to the region. especially good-paying jobs. we talk about unemployment rates. tennessee has very low unemployment. but we have to make sure we have

good jobs and high wages. kennedy: don't let those establishment republicans stifle you. speak with your authentic voice and lead with that great big heart of yours. >> jacobs for mayor.com. come join me. kennedy: coming up, the human ken doll got a good ribbing on a london talk show. we'll tell you about his next faceoff in the "topical storm." hold together. a little to the left. 1, 2, 3, push! easy! easy! easy! (horn honking) alright! alright! we've all got places to go! we've all got places to go!

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kennedy: nbc is sending lester holt to south korea to cover that country's olympics time. this is the "topical storm." topic number one. we begin in hollywood. where the academy of motion pictures this morning unveiled the 2018 oscar nominations in the shape of water led all nominations with 13 nods. it's the second most of all time

besides lala-land and titanic. three billboard outside, missouri is favored to win best pictures and lady bird is set to be accidentally named best picture by the presenters. it's the first to include a memorial montage. topic number two. the ringling brothers circus is suing kid rock after he named his show the greatest show. a judge initially denied the lawsuit because the circus couldn't prove the kid rock tour

damages the name the greatest show on earth. the suit is still pending in a tampa court. but tampa being tampa, it's stuck in line behind 30 strippers suing for stolen tips. 30 people beat up in waffle houses and a woman in a motorized wheelchair claiming she was overcharged for her tattoo. a human ken doll brought his recently removed rib on to the set. look at that. he's the world record holder for the most of plastic surgeries of all time says he recently had four of his ribs removed so his clothes would fit better. he said the plastic surgery turned his life from water into

wine. that's why he's appear on this show monday, january 29. nobody likes a box of wine better than my staff. topic number 4. the vikings could barely score in the nfc championship game. but that didn't stop their offensive coordinator from scoring a new gig. he has been named the coach of the giants. he went 9-23 in cleveland, which makes him a shoo-in for their hall of fame. but in new york city they charge fans to get into games instead

paying them to get out. a nice cabbie took him on a scenic $300 cab ride to see the city and passed through con at the time. but he made that money back by scoring a rolex watch in times square. topic number 5. it takes a likein and it dies. a florida man was arrested for battery after he reportedly battered his girlfriend with a piece of fried ching. police say the 23-year-old got into an argument with his girlfriend and he didn't have a leg to stand on because he threw it at her and broke her glasses. the arresting officer suspected he was drunk.

but it turns out the only is a was on was honey mustard. this story has a happy ending. right after the arrest his girlfriend had a change of heart and dropped the charges. so he ordered some ribs. the mcrib is back. the human ken doll would be the best delivery guy ever. he's so malibu ken. coming up, good times never seem so good. neil diamond played his last show. oh, neil. i'll tell you why on the "nightcap" next.

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[♪] kennedy: legendary showman neil diamond is hang up his cape. he's calling it quits on touring as he announced his battle with parkinson's prevents him from meeting the grueling demands of touring. he will accept the lifetime achievement award at this

sunday's grammy's. this new year's eve it was a frigid ice chamber but he warmed all our hearts when he belted out "sweet caroline." dancing to that song literally saved my fingers and feet from certain amputation. he's a bona fide legend and american icon. he almost took the stage name iced cherry. hopefully they will finds a quick cure for parkinson's and neil can turn on his beautiful heart light and shine throughout the world once more. but in the meantime may he find comfort in the mountain of undy wear that we all tossed. you can find us on twitter and insta grapple, and

kennedyfbn@foxbusiness.com. see you then. good name. >> i have been called to lead my people from bondage. >> a preacher slave unleashes holy hell. >> he felt that his purpose was to be a redeemer. >> their ancestors nearly wiped out... >> did you know of the connection to nat turner? >> it was just something that we kind of talked about quietly. >> their strange inheritance? a piece of history. >> did you think to yourself there's any chance this really could be nat turner's bible? >> my first reaction was one of, "is this a crank call?" >> what do you think it's worth? >> i was told several millions of dollars. >> what will the family do? >> it wasn't the proper place and time to really talk about it. [ door creaks ] [ wind howls ] [ thunder rumbles ]