kennedy: tonight, president trump said that nunes memo vindicates him, but does it, the judge has answers. >> and right it try experiment at drugs, the congressman behind that bill joins me, and eagles flying high after the big game. have the fans in philly sunk to a new low. grab some eye black, it's time to play ball. >> it's raining memos, hallelujah ♪ , first memo was dropped friday, containing a description of out of bound fbi flubs, a key question, has been whether the

steel dossier was basis for spying on one american, and it, it was flit politically motivated, it sets off a volley of memos from both sides. here is my problem with nunes, he had all this memo information before he pushed to kill the amendment that put safeguard on second 702 of the fisa act. then he acts outraged when lines are crossed. you can't feignshock. question is, is it possible for mueller to finish his investigation, and could operatives within trump campaign have been used as pawns while fbi was freestyling, yes.

abuse of power should be outrageous and unacceptable. fbi knew christopher steel was a liar, his testimony should have been enough to distance him from the whole thing. that is dishonest and lazy, go ahead, and release every memo, "show boaters" like nunes and schiff are attempted to use them to further their careers, and steering us further from the truth. let's start the show. i'm kennedy. kennedy: president trump says that memo released friday vindicates him from mueller's investigation, but republican

trey gowdy and house intelligence committee said it does not impact the probe. >> i'm in a small group, i think of republicans that think this fisa process is suspect, and wrong, it should not have taken place but you still have a russia investigation without it. is the president getting ahead of himself, i ask fox's judge andrew napolitano. >> the republicans over promised and under delivered. it was not as shocking as they told us it was going to be, not kgb like, there was probably more information that was given tfisa court judge than just the steel dossier and yahoo! article, author of the memo, congressman nunes. the same congressman nunes who sat on this information, while

the 510 other members of congress were debating on whether or not to expand fees fisa, congressman nunes admitted he did not see the feesa fisa application before, this is almost misconduct in office. for all 22 members of the house intelligence committee to sit on something like this. evidence of abuse of fisa, and the rest of congress that was debating not reinstitution of fisa but the expansion of it. iunconstitutional in 1978, and t is today, for them to expand it. kennedy: and you have abuses of power. if there is in. that could is held back from a -- if there is in. could thathere is in in -- inf n

held become from the judge there there is no opposition to challenge the government's document, this is why this court, i have a friend who sits on it. i have tormented him, saying you are not a judge any more, you are a clerk, that is why this court fronts 99.9% of all war warrant application brought before it. >> it gets lost in political chatter, then you have interpretation of intelligence who are trying to further their careers. >> nunes said, one them, schiff

says 180 degrees opposite, i hope that democratic memo is released and a hope raw data on which both memos are based is release. so we can see who is spinning, who is lying, i don't think that anything in law enforcement, or anyone takes president's claim he is out of the woods, he is the president being the president. this is not -- >> i don't think it should be meant for that, that is not reason to release information about abuse of power, those can happen at the same time, fbi. and president or someone close may have been contacted. >> fisa wa warrant were to survl the carter page. this has nothing to to with mueller's investigation, as far as we can tell.

i am going on trey gowdy, one of the coauthors of the memo who said he saw the underlying data, who said it has nothing to to with mueller. kennedy: thank you, judge. >> you're welcome. kennedy: great panel. kennedy: they are. will president trump, he does seem to be head over heels for the author, tweeting, representative nunes, a man of tremendous courage and grit may some day be recognized as a great american hero. should the president bud up with nunes. going to my top-secret party panel, they have all been frisked. matt welch. than hayworth in thank you.

kennedy: let's discuss, the judge say, nunes did not read the intelligence that memo was based on, like writing a book report and not reading a read. >> right. >> i had low expectations for congressman nunes, he went lower this week. i don't think this is a serious attempt to look at how we do fisa. there is a conversation to be had, how we do it and approved in secret, and how public can know more about that process. this was not it, this is an attempt to claim russia investigation is somehow tainted because of that fisa warrant. i was happy to hear people like trey gowdy come out this weekend, and say, the mueller invest tbeag iinvestigation is d serious. kennedy: still has to go forward, we may learn nothing from that about we have learned

interesting things but you are right. kennedy: you can't just wrap that up because of this momento. matt, this is phase one. there are like four phasin phass left. >> like an emerson, lake and palmer record. it is ridiculous this point. we have to have a reality check. going to workgorka has to stop. >> and comey. >> that is it. >> poetry in front of statue of liberty? >> i have here, a criticize the ridiculous over sell on part of republicans. it was two weeks ago ron johnson talking about secret society, that, that is nothing going on. let's keep in mind there is a built in conspiracy theory,

among democrats the whole time, not a day that goes by that russia hacked and they attacked our constitution, how do you do that? you can't. that is based on a conspiracy theory. kennedy: what if you have a guy, christopher steel, he hates president so much. >> that is also -- we have not heard enough about. >> we have not, and the nunes memo did reveal some of that information, it was there were a lot of twists and turns in the memo. kennedy: can i say, met -- metallica is rehearsing next door, that is lars' base. >> the sand man, need we say more. >> there were many aspect that reveal at top ranks of doj and fbi in obama administration.

there was a drive to use this, what director comey himself calling sellacious, unverified information at no point it they reveal that document was paid for by opponents of president trumps. or clinton campaign, at no point did they do that, they released christopher steel he was so leaky to the press. to reinforce the case for fisa warrant. and by the way, the fisa warranter, men they had a window to trump world. >> it was reauthorized 3 times. kennedy: we don't know that yet. >> we do know that. >> in theory we know. >> that is what came out in republican memo, conversation about fisa or surveillance, carter page is not coat rack

anyone should hang this on, he is not a sympathetic care, he bragged -- >> you can't spy on someone. >> if you think they are working with foreign intelligence service, legally, right now, you can. >> that is prob lemm attic. >> we don't know that. >> that is the key. the point that i made. >> i agree. >> it creates too many gaps. >> we don't know and you have to fill it with you know the grand theories. that someone hole watethat hole. from the took it twitter to criticize leadership justice department of politicizing investigation. jeff sessions, offer a meager

defense, putting out a statement that read in part. -- concerns have been raised about the deputy's performance, i have great confidence, but no department is perfect. this contract to christopher wray. a more defiant tone promising to defend their integrity and professionalism. >> he is trying to keep his job in a cabinet, tough to say, thank you, sir, may i have another. in a way that does not alienate all your staff. i am not getting too weepy about bureaucrats getting the sads, those with police and investigative power that can ruin 9 innocent people's lives.

kennedy: and have talked about desire to use though powers to trample people. >> the guy who within on tv over weekend, saying we've been in this game since 1908, sohae, you newcomer you better watch out. too have been -- there have been too many statements like that. kennedy: for so language we so d this fbi and doj were conservative. now they are all democrats who love hillary clinton? that does not pass the smell test. kennedy: panel returns later, we get president's react, or reacted to president's criticism of law enforcement from a former fbi agent who is now a

congressman, republican pennsylvania brian fits patrick is joining me next.

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kennedy: president trump says the release of the nunes memo profits entire saga is a witch

hunt. he has escalated his criticism of the fbi. my next guest is the only former fbi agent serving in congress. he says we can't judge an entire institution due to the actions of a few bad actors. i am intrigued by all of this. everybody is choosing whatever adventure they would like from the dueling memos. but you say the memo from last friday raises more questions than answers. >> i read the memo. it identifies certain individuals and the facts contained therein were troubling to say the least. kennedy: what was the most of troubling for you. >> it goes to the fisa affidavit

and fisa application process. what facts were included and not included that were exculpatory. we need context to these facts. wheat believe in transparency, it has to be complete transparency. we have to cheer from both sides and put the facts into context. kennedy: also look at the shared facts and see what we can glean from that. but we don't get to see these fisa applications. there is so much about these processes that are secret. if there is one good thing that comes from this, i hope it, the realization that the american public can stomach transparency and it's bert for the process and liberty at the same time. >> one of the reasons we need to do this. i fought hard for the

reauthorizing section 702. so if we are going to have credibility in trying to reauthorize section 702, we have to be honest with the shortcomings of title 1 of fisa so the american people have confidence when we make decisions down here that we are being transparent and honest with them. kennedy: there are those of us who lost confidence long ago it many just too easy to abuse that power these agencies are entitled to, especially when they are operating with such secrecy. there is more of a disconnect than ever. now we are seeing how easy it is too compromise liberty in the pursue of security when you deserve neither but you attain neither. >> the continue number all these

cases is the need for confidentiality. and the public's need and desire for transparency. we have to factor those competing concepts and make a facts specific combination. >> last week the president re-is nighted the conversation surrounding something near and dear to this show, and that's the right to try. it's stuck in limbo in the house after unanimously passing the senate. congressman, you introduced the right to try act in the house in february. what's the holdup? if you have the president's support and support from to both parties? >> we are working with house leadership.

the issue is the original senate version, and the version that passed was different than the original version. the fda commissioner expressed concerns with patient and doctor certification and liability issues, and how to define the pool that's eligible for use. the right to try bill allows terminally ill people to try drugs that passed the first phase but haven't made their way through the pipeline. kennedy: those who die in the process waiting for the ability to try drugs and treatment. you are fighting the good fight. i hope you were ready to reconcile this bill to give the

terminal patients the dignity and hope they deserve. >> not just patients, but their families. they did everything possible. that's relevant to their peace of mind. i thank you for the attention you are bringing to it. wee have been fighting every single day. we are supposed to meet with house leadership early this week. the president is mind it and we have got to get this across the finish line. kennedy: thanks again. good to have you. coming up. just three weeks since they reached that temporary deal. lawmakers will be heading towards another shutdown. can they accomplish anything other than kicking the can down the road? ♪ when you have a cold, stuff happens. [ dog groans ]

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it does not include funding for the president's wall. the president tweeted any deal that doesn't include border security and the desperately needed wall is a total waste of time. welcome back to the show, chris stirewalt. >> i heard him saying let's make a deal, come on. chuck and nancy. kennedy: little adam schiff. be friendly here. what is the holdup here and why are we only seeing crisis legislation? >> because humanity has failed. no, we knew that before.

the issue here is that republicans desperately, increasingly desperately want to get rid of these must-pass things. democrats have chosen daca which gets better to them as a subject the closer they get to the deadline. kennedy: you mean because they are using the dreamers as bargaining chips? >> as human shields. i guess they both are. the republicans are saying we want x in exchange for protecting these people and the democrats are swieg wants y. kennedy: you are seeing bipartisan legislation in to both houses of congress. it sounds like you have republicans souring on the wall.

>> republicans were pretty sour on the wall to begin with. i have heard many, many, many, many different ways the way republicans defined down the wall. trump has defined it in a way people didn't understand in is a way through this. what this bipartisan legislation represents is a challenge to republican efforts to find an offramp here. there is legislation from rob portman of ohio. that's what you will see, a simpler, smaller deal that's a one-for-one trade-off. if people didn't care when they shut down over a weekend, if we continue to govern like this and see these problems, markets won't like the and they will punish washington.

kennedy: so will the freedom caucus. they want a piece of spending legislation that doesn't equate to every month or so screaming holy under wear and running through the aisles of such a sacred institution. kennedy: i don't know what you call it, but i think something is wrong with the system. we are getting unnecessarily dramatic. we'll see how this one ends, chris stirewalt. >> that's an evergreen tweet right there. kennedy: nobody sought shut down in super bowl 52. the game set records for yardage, burning cars and

smashed store fronts. tom brady all but sealed the win. the phillies fans were flagged for unsportsman like conduct conduct. the party panel is a back. welcome back, everyone. let's talk about some of the highs and lows of the game. what did you love about the game? >> i love the horse-puppy incident. they knew they had to couple something. them already greased the height poles so we can't -- the light poles so we can't climb them.

but then you say that's not going to be enough. kennedy: you remember a fan punched a horse after the phyllis' division -- the phillys'' victory. this is what winning looks like. what did you like about the game other than tom brady losing and his wife being so mad they couldn't even show her miserable face at the end. >> it would be a beautiful miserable face. what struck me was the halftime show was 14 minutes of our life we'll never get back. justin timberlake's costume has come under much scrutiny. we had the panorama, the camouflage. i think this relates to katy perry's guilt about appropriating other cultures.

she was told she was not honoring other cultures. so i think timberlake was trying to look like backwoods white people. kennedy: i felt the performance was very under whelming. prince had one of the most of legendary super bowl performances of all time. what did you like about the game or any of the events. >> i want to mention there are two eagles i think should get beside winning the super bowl. chris wong has donated his entire salary partly to charlottesville * for scholarships for cities. and one of the players during

the creepy season where there has been so much controversy who has stepped up and said i'm going to be part of the players talking to law enforcement and talking to the league. kennedy: actual solutions as opposed to taking a knee for something so vague and demand that where so difficult to understand. but talking about law enforcement and talking with kids has a measurable impact. >> they were winners off the field as well as on. the fact they lost because he full bold was perfect. it was a great game overall. he looked stunned. but the nfl has a lot of work to

do in the offseason. we talked about the health issues. >> the health issues are huge. kennedy: the ratings were down a tiny bit, but the game was fantastic. coming up. defense hawks want to increase funding for the military. but a report says the pentagon last track of $8 million. do they deserve a raise? 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! washington crossing the delaware turnpike? surprising. what's not surprising? how much money sean saved by switching to geico.

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kennedy: the defense department is failing to account for hundreds of millions spent by the military. the defense logistics agency has $800 million in construction projects that were not properly documented or accounted for. the department of defense has an annual budget of nearly $700 billion this year. the president look topic crease that spending for next year. he promised to beef up the military while eliminating government waste. how can we cut spending and make government more efficient if we don't know where the money is going. joining me, my friend bryan

suits. welcome back, suits. how do you lose that much money? >> defense logistics agency is a civilian-run agency but part of the pentagon. they have their own inspector general. here is the thing about the pentagon. afghanistan says hold my beer. $700 million would be a relief when you cop pair that to the inspector january in afghanistan and iraq. kennedy: didn't when find the department of defense miss appropriated $125 billion. >> you say misappropriate, they say lost. the pentagon does try. i had to account for he round of artillery. as a fire support officer i wasted a powerball jackpot worth

of jet fuel and munitions. and i had to account for it. reconstruction in iraq, the pentagon tries different' not an excuse to say we provide you the freedom that you sleep under, don't ask us how we do it. that's a bad excuse. i want that out of amtrak and the post office. the pentagon has to account for this. it's crazy. kennedy: rand paul pointed out last week on the "outnumbered" couch that the post office lose a billion a square and the key to fixing bureaucracy and waste isn't throwing more money at it. is there a way of still loving this great country of ours and supporting the brave men and women brave enough to wear the uniform but streamline so thing

operate for effectively. >> hire ernst and young. in the private sector you can find this stuff. hire ernst and young to audit the whole pentagon. the biggest waste of money i have been a part of, i worked as a private consider, and i got it up inside djibouti and we built an anti-piracy training center. and the state department paid the company i worked for paid to build a counter piracy training center in uganda which is land locked. kennedy: i hope they had a powerful catapult. thank you for your wisdom.

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kennedy: on this day in 2017, tom brady led a stunning comeback against the atlanta falcons. but the only comeback he's doing today is eating carbs. we begin at the site of the big game where the underdogs are still celebrating their huge upset. of course, i'm talking about the puppy bowl which fan with a parrot playing piano. team rough got out to an early lead. their fans smashed store fronts, toppled light poles and burnt cars all over town. i know a lot of people are

criticizing eagles fans and act like they have been there before, but in their defense, they haven't. the eagles winning a super bowl is like kim kardashian winning a spelling bee or hillary clinton winning a presidential election. what's one more car burning in philly at this point. good for you. fly eagles, fly. topic number two. the super bowl wasn't the only human sporting event taking place yesterday. north korea and south korea formed a hockey team. they played against sweden it was attended by 3,000 people. while they have no problem finding a crowd, their offense was scarcer than the internet in

north korea. the team lost 3-1 against sweden. coaches sensed a need for more practice time. so following the game south koreans played a scrimmage against north korea. the final score was south korea 8, north korea didn't. a florida man was assaulted by his boyfriend after he played song by sting. if you think that wasn't weird enough. you should see who showed up when he called the police. no, he didn't get a visit -- his boyfriend played if you love someone set them free. he feared he was getting dumped.

and he couldn't stand losing and went full king of pain and smashed his partner into a wall. he was arrested but he has since been arrested and placed under surveillance. which means every move he makes and every step he takes and every bond he breaks they will be watching him. i'topic number 4. that gives something to write about for hate mail thursday. doritos is developing a lady-friendly chip more women who don't enjoy the loud crunch of traditional doritos. it's about time someone focused on the real issues affecting women in society.

they are turned off by getting chip dust on their fingers. if they learned anything from the #metoo movement, women are to be believed. so most of of the women at the marches look like they like junk food. they will come in smaller bags designed to fit in women's tiny purses. are you saying a woman can't afford to buy her own bag of chips? maybe. topic number 5. a florida man was arrested. at his apartment complex for work out naked at the gym. thank you, florida. his neighbors were absolutely

stunned to learn someone was still work out this many weeks after new years. but the 57-year-old, he's not a quitter, according to a leasing agent who saw him utilizing the stationary bicycle completely naked to include no socks or shoes. he was arrested for disorderly conduct and the cops say he had a suspicion package. i have got a million of them. if found guilty, he will be sent where all men go who like to walk around naked. the gym locker room. coming up, you might have trouble remembering what happened after a wild night of drinking. but a new study says slow doses of booze can help you remember stuff later in life.

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i tabut with my back paines, i couldn't sleep and get up in time. then i found aleve pm. aleve pm is the only one to combine a safe sleep aid plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am. kennedy: many of you may still be hurting after overdoing your celebration at the patriots' loss. there is no doubt too much booze hurts more than your feeling. but there is good news from the liquor consumption department. brain research from the

university of rochester found slow levels flush out the brain and may protect it from harmful proteens associated with alzheimer's and dementia. when they gave rodents the hive lintd of two drinks a day. if you bites up too much, you montgomery make the problem worse that causes swelling. but it's good to know a glass of pinot and a fireball chairs are effective in keeping your your n nice. thanks for watching the show tonight. you can follow me on twitter and instagram. email kennedyfbn@foxbusiness.com. tomorrow night on the show, lieutenant colonel ralph peters,

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