a leadership they can't place faith in. we pass americans need our institutions to be safe and secure. lou: that's it for us tonight. thanks for being with us. kennedy: crazy new details in the mueller investigation as the thing spins out of control on both sides. president trump says no wall, no daca deal. but crying chuck schumer is digging in. who is going to blink? some brave lawmakers are take on civil asset for if i europe. sufficient twin fbi crises. two trains that have left the station and barreling toward each other at full speed on a collision course with disaster. responsible one hand conductor robert mueller is racking up charges. sphe was tasked with

investigating collusion between the russians and the trump campaign, but it seems to be circling the presidential noose around obstruction of justice. the mueller camp wants to give the president just enough rope to hang himself. the other train is full of republicans railroading the damaged fbi. you have the memo which reports that the investigators lied to a federal judge to get a fisa warrant. there may be enough in those papers to derail the fbi and any other agency that spies on americans in the dark. and the string pullers may have affected the outcome of the hillary are investigation and those are only the texts we know about that allude to a secret

society. and the truth there was nothing to the russia investigation in the first place. what's most of problematic for the bureau is the unknown pinless grenades in the unreleased memo and robert mueller can't be as canned for cleaning up the agency he used to run. at some point these trains will crash and it will be loud and messy. if they would only out up and let us see the embarrassing facts at hand we could have avoided a manufactured constitutional crisis. glad you are here, i'm kennedy. the investigation has more story lines than a novella. but which part is actually the

most of troubling. the missing text, the fisa memo, the gop piling on the fbi? let's go to my battle hardened party pant for some answers. former miss america kristen haglund is here and matt welch and superior director at bustle.com jessica tarlov. so much to discuss and dissect. i think there is weirdness all around. what do you think is most of problematic when you think of these two trains. >> where do the american people place their confidence and trust. government only operates based on the trust of the people. you have a government undermined by the mueller probe, and you

have law enforcement fbi and doj undermined by the gop. kennedy: there are too many people hiding facts. >> you hit the nail on the head in the opening monologue about the need for transparency. at the end of the day, robert mueller is in his camp. he has got russia probe. as soon as the administration can get that out of the way they should start dealing with the fbi. kennedy: matt, i don't think mueller needs to be fired. if there is something so disconcerting that it really undermines the fundamental intelligence system in this country, we need to know what that is. is it the abuses we heard about since the edward snowden revelations? what is most of troubling for you? >> to follow up on your question. i don't want to just see the memo. i want to see the underlying

intelligence it's based on. i have heard a lot of descriptions from a lot of republicans. republicans are calling it worse than watergate which at some point starts to be highe -- stae hypehieb hoper bowlic slush. it's getting close to being finished. the fact that trump is ready to negotiate his questioning which he would be totally stupid to do. we are going the see some kind of fruition of this. that leads to a question of what happens if it's just an obstruction of justice charge we'll be in for a political fight. kennedy: if something serious happened here, that's why you

have special counsel. that's fine. i think they are not mutually exclusive. and you have a lot of weirdness at the fbi. there are a lot of unanswered questions. they need to be answered. my question to you, if matt is right and it's an obstruction of justice is job against the president, in a democratic house of representatives, is he -- are comarnlgts of impeachment brought up? >> i don't think so. kennedy: in a democratic house? >> the gravity of doing that and the repercussions. a president pence is so spch more frightening than a president trump. kennedy: you hit the nail on the head. there are so many people on the left who are so disturbed by this president and what he may have possibly done in so many

different realms. whether it's potential illegal dealing tore collusion with wrush. they don't -- with russia. it would be president pence who is far more conservative. >> and far more effective as a politician. the entire gop caucus likes mike pence. kennedy: there are some democrats who worked with him on the hill who like him as well. >> based on policy preferences i can't imagine how likeable this person can be. but i understand he has some charm so that works in his favor. i don't think we should move ahead with articles of impeachment for that reason. understanding that news week is wrong and we don't get hillary clinton out of this at the end of it.

kennedy: this is where this level of politicization is head. in the next couple months the tenor only goes up and up and up. and a lot of stuff on the legislative agenda. a possible immigration deal. who has the advantage and who has the most of leverage? it will be back and forth for the next 6, 7 months. >> talking about pence and using that as a consideration undermines the argument against trump. if he's equally unfit and has done these terrible things. it doesn't matter what he thinks about gay people or mike pence. if he's violated the rule of law. >> the effect on the lives of americans, that's what you need to think.

the policy implications for americans are so much graver under a president pence, and that's how i believe democrats would look at this. >> you don't impeach richard nixon because spiro agnew is vp instead of gerald ford? kennedy: we have so much more to discuss with the panel and we'll see them later. the russia investigation isn't distracting the president from his battles on capitol hill. he doubled down on his battle for the wall. he tweeted last night. if there is no wall, there is no daca. we must have safety and security, together with a strong military, for our great people. this after schumer took his previous offer for wall funding off the table. >> the thought was if we could

come to an agreement that afternoon, the president would announce his support and the house and senate would get it done and it would be on the president's desk. he didn't do that. so we'll have to start on a new basis. and the wall offer is off the table. kennedy: so which side is going to cave in the white house or democrats? joining me national review's jonah goldberg. reporter: it's wonderful to be here. kennedy: at this point i'm more opposed to wall funding than chuck schumer. this is amazing to me that he admitted he went to the white house and threw wall funding at the altar of our president's feet and it was somehow rejected. what is happening here? >> he's perfectly allowed to withdraw an offer.

if you are negotiating with a car sales man and you make an offer and they don't accept it. and he calls you back next day and says i'll take your offer, there is no binding authority in any of this. my own theory about what's going on. i believe it was on "fox news sunday," mick mulvaney said chuck schumer did not actually offer to fund the wall. he offered to authorize the wall. which is one of the most of wonky, detaily things in washington we could talk about. schumer tried to pull a fast one on trump over the wall. he was trying to pressure the white house to cave, and the white house didn't, and schumer caused. now he's trying to say i never really offered that. the base of the democratic party is losing its mind.

and if chuck schumer gives donald trump a win, you will see the guys from media matters and move on, and all of these progressive groups like vietnamese mondays in vietnam pouring gasoline over their heads setting themselves on fire. i don't think seal see an immigration deal. i don't think we'll get funding for the wall. i think this will be obstructionism that we saw with republicans and obama. and trump will be faced with a decision which he could do of extending the daca stuff for a little while longer through executive order and that kicks the can down the road. kennedy: let's say republican fortunes turn and fade and democrats win the house. what happens to the immigration debate when you have potentially

split chambers and the white house who has a variety of positions on immigration border security and the dreamers. >> i think dogs will be sleeping with cats. if you have to bet, the dems probably do take back the house. then all bets are off. certainly chuck schumer will be in a much better negotiating position. so i think it's in his interest not to actually have a deal and force donald trump to start deporting these people which is bad optics for the republicans, or caving which is bad optics for the republicans. meanwhile the white house will have much bigger problems than immigration because wet there is any truth to the russia collusion stuff, democrats day

one are going to start like one of those old ticker tape parades just raining subpoenas down on the white house, the second they get the power to do so when they take over the house. and that will create all sorts of other pressures on the house and make 2018 look like a pillar of stable genius. kennedy: it does feel like we were so close. when you have luis gutierrez and the senate minority leader saying at some point in some regard they were in favor of trading a walking-like thing for a daca agreement. and both sides seem to be swallowing their medicine and negotiating. >> it would have been smart to trade the wall for daca. if democrats take back the house in 2018, the wall still won't be

built. the wall will take years to build no matter what form it takes. the democrats can come back later and say we have done enough of that. kennedy: the eminent domain issues that manifests in 2006 are still there. the ongoing fighting in syria is forcing america to take sides without a clear picture of who is our

kennedy: just when you thought things couldn't get more complicated in syria, yeah, it did. it's a textbook example of why we shouldn't have gone the involved. the civil war has been raging for 7 years, dozen of factions involved. u.s. military stepped in to try to quash terrorist organizations

like isis. but now turkey is attacking the kurds. so what do we do, abandon the kurd? or fight our fake nato ally turkey? what are we doing there. joining me, lieutenant colonel ralph peters. >> it's always great to speak with you, kennedy. even on grim topics. kennedy: let's discuss this a little bit. we are now in a position where we can't attack turkey because they are a nato ally. and we can't help the kurds because turkey is attacking them. but the kurd helped us out so much. why don't we just kick turkey out of nato? >> that's a good question it's a

complicated process, but we can do it. we have long been aligned with turkey, but turkey has become a worse and worse ally. it has gone from frenemy to virtual enemy. erdogan backs the muslim brotherhood internationally. he put tens of thousands of political opponents in jail. a clear-cut situation. turks bad, kurd, good, us, stupid. it was important to crush the caliphate. the boots on the ground. kurd are the ones giving blood on the ground. but we have no clear long-term strategic goal in the area. and we don't understand after

decades of failure we believe we can be the honest broker. honest brokers don't exist in the midwest. you pick a side and stick with it. we have been allies with the kurd for 25 years. there are 40 to 50 million kurds. nobody allows an accurate census in the region. we had a chance in 2003 to break up iraq. all these countries in this region. the borders were drawn by greedy europeans. if we want away from -- if we walk away from the kurds. what little shred of credibility we have in the region goats away. you don't abandon your allies.

you don't do it on practical terms. it gives you a bad name. but also ethically. if someone has given blood for you, beside you. kennedy: they are the on ones who have been aligned with us over there. it's confusion and scary. you are right, we don't have a clear objective. russia and iran know what they want over there. i don't see how of any that leads to the conclusion that we know what we want. >> our greatest weakness in the middle east are the warm and fuzzy goals that barely squeak buy. in the middle east you better know what you want. you better go after it to get it. and you better know who are your friend and allies.

russians know what they want and they are getting it. bashar al-assad the butcher of syria knows what he wants and he's getting. we don't know what we want and our allies are getting shafted. kennedy: that's the deadliest position to be in when we don't know what we want and we are halfway committed to something. could the end of civil asset forfeiture be at an end. lawrence jones discusses the whole issue next. thank you clients? well jd power did just rank them highest in investor satisfaction with full service brokerage firms... again. and online equity trades are only $4.95... i mean you can't have low cost and be full service. it's impossible. it's like having your cake and eating it too. ask your broker if they offer award-winning full service and low costs. how am i going to explain this? if you don't like their answer,

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build a better website - in under an hour. with gocentral from godaddy. kennedy: two alabama republican state lawmakers will introduce legislation that would require a criminal conviction before civil forfeiture as we know it. sessions, our current attorney general has been a strong proponent of civil asset forfeiture. that allows law enforcement to take cash and property from those suspected of early legal activity. we railed against this process time and time again. are we finally look at the undoing of civil asset

forfeiture? lawrence jones, from blaze tv. >> i loved your intro. you take a shot at jeff sessions. as you know, he hates getting a criminal conviction before you steal someone's property. kennedy: he says it's one of the most of powerful tools law enforcement has. if you get pulled over for a traffic violation and you have got some cash in your car you look like a drug dealer. so the cops take it. if you don't have a lot of money, you can't afford to appeal that taking and get your money back. we have seen that with cash and house and cars. what's going on in alabama and what effect might this have on the overall conversation. >> when people see asset forfeitures, they go to drugs. if you are an elderly person in

the audience and you believe in keeping more cash. we have thanked elderly people from new mexico who have had their money saved so they can pay in cash. they don't want to deposit their money. they are following the lead of new mexico and trying to get law enforcement officers to follow the law. get a criminal conviction before you take someone's property. follow the law and get a criminal conviction before they seize someone's property. kennedy: you should have a conviction. if someone is a criminal, that's a different story. but this is such a violation of the fourth amendment. it's scary that we have the rail against an attorney general

house so wrong on this issue. so if this does pass in alabama. do you think it a.g. will try toy tinker with it on the federal level? >> most of definitely. i think this a.g. web also says he respects the constitution. i'm not sure this is a constitutional fight he will win. but i do think he will block this. he railed against this saying this somehow is how he supports law enforcement. and it's quite to the contrary. this encourages lazy police work. we know they don't do the real investigation. some lot of these cases that were take without due process, we found out they were innocent and they still didn't get their property back. i don't understand how jeff sessions made the comparison.

for them to say that money is funding police officer's salaries. kennedy: no unconstitutional double dipping it's not right. you are awesome. thanks for being here. there has been plenty interparty fighting on the right since president trump took office. but senator schumer is under attack by if he slow democrats. they were furious that schumer took senator mcconnell's word that he would bring up daca in the next spending bill. bernie sanders, elizabeth warn, kamala harris, all voted against the spending deal. tax cuts, which schumer and his cohorts roundly oppose. it turns out americans like more money in their pockets.

isn't that weird? can schumer maintain the support of his party and steer them to victory in 2018? schumer is seen as the biggest loser. how does that help people hopefully running for office in 2020. >> you will see a shift of people speak out against the leadership. we saw that in a special election, connor lamb, a real up and comer saying he doesn't want nancy pelosi to be the leader of the party any more. what schumer did do which was smart is he said to our blue senators in red states, vote how you need to. claire mccaskill and joe donely voted with it. because they have tough reef elections in 2018.

but, you know, the truth of the matter is we got chip funding which is important to us. it's just three weeks until we do this dance again. but i get idea taking mcconnell's word doesn't feel good. kennedy: we talked about the mid-terms coming up later this year a little bit earlier. how does this affect voters fit looks like a smackdown for schumer and then at the same time people are kind of feeling the effects of tax relief? >> this is the first time basically generic balance slot between as congressional republican and congressional democrat has started to tighten. it's been in unresidentedly great territory for the last 6 months. now a combination of the

shutdown -- shutdowns are never popular. daca is popular. kennedy: i think he knows how important it is to fix that politically. but it's a tight dance. you have got pan coulters of the world who want to make sure. all right. so how do you see all this? >> the position chuck schumer and the democrats are in. they want to come to a deal, and i think it's great on the part of chuck schumer. you have to start trust something one sometime. people hate the extreme partisanship they season capitol hill. if they are able to come together and work with republicans and pass something like immigration preform that's a cam pro mice, then they don't

have wins to go back to in their extreme base that will come out and vote. so it's a sticky situation to be where they want to get legislation passed. kennedy: do the right thing and worry about the election later. thank you so much all for being here. coming up, president trump said he was pulling out of the trans-pacific partnership to protect the american economy. but one year later other nations forming their own partnerships without the u.s. is the president making the right calls on trade? i'll ask jonathon hoenig next. always late. oh! my wallet! un momento.

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today with td ameritrade. kennedy: the president has gotten high grades on the economy. but a new agreement was reached that will make it more difficult to somebody taken materials for manufacturing.

let me ask jonathan hoenig. >> he's not naughty by nature web's just ignorant by nature when it comes to trade. the president is flat out wrong about trade. he likened trade to rape. he thinks it's a win-lose situation. he needs a strong man to make these deals on our behalf. that's a relings pea for statism not american prosperity as we know it. >> a president that's so fond of deregulation and allowing the free market to work domestically has a diametrically opposed view when it comes to foreign trade. what happens with this partnership. what does it mean for u.s. manufactures and the u.s. economy? >> it means higher prices.

i think you are alluding to a complete inconsistency. you can't say you are for cutting taxes by instituting tariffs on solar panels and washing machines. kennedy: they are going to raise the price by about $50. >> you should hate tariffs that are levied for political purposes only. some americans cans might think they will have their job saved. it's wealth destroying. kennedy: who is most of likely to get in his ear. that's one thing that could be beneficial about this president. if there is a convincing person in the room who is the last one to speak to them. perhaps they can get in and

change his mind for the better. who is in a position to do that? >> you can only imagine who might have his ear at any particular moment. but i hope whatever argument they make, it has to be the moral argument. the president thinks there is something wrong with trade. if there is a winner, there is a loser. that's not the nature of trade. if an american buys a samsung washing machine he they do it because it makes their life better, improves their life. it's not about sacrificing for the greater good. it's about buying the best washington ma shine want whether it's made in america or somewhere else. kennedy: what about the trade deficits? >> we give chain a pieces of paper.

they send us goods. what do they do with those american col dollars? they invest them into american banks. trade is always win-win. i think the president is on the wrong side of a lot of these issues. especially when it comes to tariff and trade regulations. kennedy: maybe he will be influenced by some of the free traders over there. i certainly hope that brand of logic prevails. it will be interesting to see. i know the president and some of his past advisors have railed against globalism. is it possible to have free trade and not give in to globalism? >> globalism is a meaningless term. it means nothing. globalism is a catch phrase.

it's an empty buzz word. what we should be for is freedom. including the freedom to trade. if you want to buy some chocolate from europe, why should you have to pay for than buying a hershey bar. kennedy: a massachusetts school is grading students on a sliding scale after several of them showed up late. we'll tell you how many points they scored on their test. and how many points the driver got on her license. the "topical storm" is next. experience the new 2018 lexus nx and the nx hybrid with a class-leading 31 mpg combined estimate. lease the 2018 nx 300 for $339/month for 36 months.

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kennedy: today is the unofficial holiday known as national compliment day. rosie o'donnell, you are great at being an insufferable but bu. the state of massachusetts, they seem to be going backward on education. this bus was struggling on an icy road.

one local home own ear became so concerned she picked up her cell phone and started recording. why get help when you can get viral video instead. fortunately no one was injured which was amazing. the bus driver was given a sobriety test. though she was completely sober, she still failed, because under common core you have to show your work. police say the accident was nothing like massachusetts had ever seen. topic number two. bud wires is on a slide -- budweiser is on a slide of its own. the one-time king of beers has fallen out of the top three sellers in the u.s.

it tastes like metal. i say that with all due respect to our former producer marty. the good news for budweiser is bud light is still the top-selling beer in the country. despite the fourth place finish, bud still refers to itself as the king of beers. le bron james still calls himself the king of basketball. maybe it cavs are the ones drinking the bud heavy. topic number three. today is exactly three weeks from valentine's day. here is a message for all you roam yoas watching at home. white castle is taking

reservations for valentine's dinner. this year you don't have to get dumped to wake up with a broken heart. the tradition dates back to 1991. you should only be going there "someone you have been with since 1991. seeing as you long since quit trying to impress them. the white castle valentine has become quite popular. any guy can give a girl a a whitman's sampler. in california a man got busted for mailing king cobra snakes inside potato chip cannisters.

customs officials made the discovery while searching a package that arrived from hong kong. rather than arresting the recipient they got a warrant and searched his home. what about our secret society. hang. no, you hang up. the search turned up a live baby crocodile. the snake smuggler was only sentenced to 5 months in prison. he had to cancel his valentine's rest laying at white castle which is just as well. topic number 5. perhaps no californians are in trouble with the law more than the owners of a laguna beach church. cops caught them running a

marijuana dispense are you between masses. a neighbor noticed large plumes of church smoke coming out of the church all day. all told the caps say they seized $3,000 in party cash along with 20 pound of marijuana and other drug paraphernalia. they also repossessed the church bus which can be seen in this video. the driver became distracted. oh, no. the driver became -- oh, no, he became distracted because he was listening to dark side of the moon backward. that's not true, and i better stop making that stuff or they will ship me to cnn. oh well.

coming up. president trump is taking a big step in pushing school choice. i'll tell you by the in the "nightcap" next. e 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! washington crossing the delaware turnpike? surprising. what's not surprising? how much money sean saved by switching to geico. big man with a horn. fifteen minutes could save you fifteen percent or more. (barry murrey) when you have a really traumatic injury,g) we have a short amount of time to get our patient to the hospital with good results. we call that the golden hour. evaluating patients remotely is where i think we have a potential to make a difference. (barry murrey) we would save a lot of lives if we could

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what plots they unfold, but only in my mind. over 50% of people with parkinson's will experience hallucinations or delusions during the course of their disease. if your loved one is experiencing these symptoms, talk to your parkinson's specialist. there are treatment options that can help. my visitors should be the ones i want to see. kennedy: it's national school choice week. and it's time to focus on the needs of student and how the different learning environments

serve them. the case for school choice is growing stronger than ever as charter schools are giving formerly under served inner city schools more days of learnenning per year. anything that gets us out of the one side fits all factory model gets us talk about student and learning. if you start thinking about iting alternatives for your child now. you can pull the trigger and make the move in the fall. the freedom to choose the very, very best environment for your toothless urchin. thank you for watching the show. you can follow us on instagram

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