good night from new york. kennedy: robert mueller reportedly not targeting president trump. why the heck are we wasting all this time and money with the investigation? china hits back with a tariff bomb. is hillary clinton taking credit for the me too rsh movement? grab some soap, it's time to clean up this mess. special counsel robert mueller has given the president a gift. he informed d.t.'s attorneys that potus is not a target of the investigation. instead the president is a subject. the whole damn thing is supposed

to be about his campaign where he was elected president. depending on who you ask, the subject distinction means the president is guaranteed impeachment or he's free and clear and will win reelection in a reaganesque landslide in two years. but the investigation is not complete, and there is a legal chasm between two camps around the president who disagree as to whether 45 should sit for an interview with muted mueller. the nays say his chatty arm swinging could move him to the target column that could lead to the "i" word. he's a politician and is perpetually running for reelection.

he wants to proclaim his purity. if he spills the beans and becomes the target and crafts himself in an impeachable noose and democrats take the house and take the bait and launch impeachment proceedings, he won't get convicted in the senate, the country doesn't have the appetite for it. it will make him a re-electable folk hero. he either clears his name or secures his legacy as a bird flying renegade who went down swinging winning both ways. i'm kennedy. so far the mueller investigation hasn't been cheap. it cost taxpayers millions of dollars and the big bucs have had nothing to -- the big bucks

have had nothing to do with the target or the campaign. so should they pull the plug on the investigation? joining me the author of "the art of the donald. wisconsin chris bedford. he knows the president well. kennedy: his attorneys have been notified he's not the target. he is a subject. how do you feel about the two legal camps around the president, one saying yes you should sit down and other saying absolutely not. he's crafting a perjury trap. >> looking through former transcripts of when donald trump sat down before he was president with lawyers that were interrogating him, and he does have a free wheeling personality. he can be too quick with the

facts and the lawyers are sitting there, they already crafted a case. the fact that he's not a target didn't work too well for him. the fact that he's not a target doesn't mean he's immune. that just means they haven't pulled everybody together mueller needs to go forward and decide he's a target. the memo that came out today early this morning kind of broke down some of the reasons for why -- some of the parameters the investigation was given. it's almost 2/3 or more redacted. it's not criminal allegations. it appears to be intelligence allegations that where confidential and we are given no clue what the parameters of the investigation are and where they intend to end. kennedy: it's a pretty broad scope and he can move from subject to target to defendant. this is a moveable feast.

there is no doubt about it. but the down side is potentially the president being charged. and there is still a lot of disagreement among legal scholars whether or not a sitting president can be charged while he or she is in office. there may be something in the report that gives a democratic house means to impeach him. but i don't think that hurts number the end. it looks like he's hiding something which he can't as president. >> i don't think -- the problem with the down side is how free wheeling he is. in that memo, how much, much it is classified? you are not supposed to appoint a special counsel to do counter-intelligence. you need a criminal act to bring that anywhere near forward. what possibly in this counter-intelligence investigation they appointed a special counsel for, what evidence could they have relied

upon. what evidence could they have relied on to bring this forward? if it turns out after we peel back all this black paint that it's actually the steele dossier or some other ridiculous document, then the president will have a good case that the mueller investigation has just bottomed out. kennedy: i hope that's not the case. it's not that i hope the whole thing is fruitless, i hope it's not just politically motivated, a series of powerful interconnected people trying to settle a political score. i think that undermines the confidence in the justice department and the fbi and ultimately law enforcement as a whole. republicans used to be have much pro law enforcement. but so much of that trust has been eroded through this

process. there are a lot of variables that have not been made plain, and a lot of this is guessing. we don't haved the kind of leaks we have seen from other investigation. if it's a series of procedural indictments, what does that get nuts end? >> almost everything released so far acts like a rorschach test. both sides look at it and draw whatever conclusions they want and ramble on about it. the republicans have been careful not to attack mueller. this is a combat hero everyone says is an honorable person. but what is rosen seen oversteps his bounds. if there are rotten apples at head of the fbi, getting them removed will restore the faith of the american people.

kennedy: it will be good to see who survivors in the end. christopher wray, rod rosenstein and the other players who have been critical of big parts of this investigation. so the president is not a target, and this knowledge we learned the feds plan to sanction russian oligarchs by the end of the week for their filthy election meddling. let me go to my party panel. marie harf of is here and chris barron, and wwe superstar dolph ziggler. welcome, everyone. so you were nodding our head and shake your head during a lot of

what chris bedford said. give me your take on the mueller investigation and the things we learned in the last few days. >> one of the most of interesting things we learned setting aside the collusion aspect is bob mueller is preparing to write a report on the obstruction of justice issue. kennedy: there are two reports forthcoming. >> everyone is focused on the russian piece. but a large reason we have bob mueller is the obstruction of justice issue. kennedy: comey went before congress and said i leaked information to a friend. >> that may be true. but donald trump may not able to fire him to quell much the russia investigation. kennedy: he can fire him. the threshold for firing the director of the fbi is different

than firing robert mueller. >> these are serious issues. i remember when republicans used to be anti-russia. i don't hear a lot of that anymore. kennedy: you do from some republicans. that we shouldn't trust russia. and i tend to agree with them. >> democrats are going to overplay their hand. the stupid reports that mueller -- the expectations have been set so insanely high. you can say this is not about collusion. ask the average democratic voter. they think trump is going to be removed tomorrow. that he entered into a quid pro quo with putin to steal the election from hillary. kennedy: i hope he is, too.

i didn't vote for him. but so mike pence becomes president. then liberal democrats have their worst nightmare embodied in the white house. >> there is no there there. democrats have always overplayed their hand. when it turns out the president is not a target, there will be no find of collusion. mueller is going to issue this report, the democrats will run out and say this report even though it doesn't find criminality. this report is enough to move impeachment. kennedy: learning paul manafort is yucky? is that the point? that's not collusion. that's just a nasty man. we have breaking news now. the white house just released president trump's memo ordering national guard troops to the southern border.

holdland security secretary kirstjen nielsen discussed the move. >> i will continue to have conversations with the governors today. it will be strong it will be as many as needed to fill the gaps we have today. kennedy: secretary nielsen has to work four governors on this. and she is sure to run into some trouble getting a pass from governor jerry brown. both presidents bush and obama activated national guard troops to surveil the southern border. will this bolster national security or is it just to appease the president's base? president bush activated the national guard during the war. is this just a political move? >> i think so. it's trump talking loudly and

saying we are going to get our troops down there, oh within wait, we can't do that. they can thereby for help or assistance. it's trump giving a little red meat to his base. he's serious about, if you are not going to build the wall or help him out he'll get somebody down there in place of the wall. whether it's all talk or mostly talk -- kennedy: i tend to agree. it seems symbolic. you can't send the army to do this sort of stuff. the national guard, i remember them during the l.a. riots. they were quite lovely bringing peace to a burning city. >> the president has to do something. if voters knew one thing from trump's campaign for president it was his promise is to build a wall. the establishment was never going to play ball. trump politically has to do something.

that "buzzfeed" article about the care van of people coming this way. he had no choice but to respond in this manner. it's good policy and good politics. kennedy: good policy would be fixing our immigration holes in this country. they love fighting each other on this because they don't have to do something and be held accountable. >> i remember when candidate trump promised mexico would pay for this wall. now u.s. taxpayers are going to be paying for it. this is a symbolic step. kennedy: what is the national guard going to do? somewhat they did under bush and obama, they helped with repairing the fence. they cannot perform a law enforcement function in the united states. so this is symbolic. kennedy: they can't invade

mexico. >> it doesn't help us solve daca or get more money for the border. kennedy: would you like more money? >> absolutely. in exchange for daca. kennedy: do you think ann coulter likes this move? >> no. >> i think the bottom line is congress is not willing to do anything. and it's not just on the wall it's fixing our immigration problem general. so the president has to deal the cards he has been dealt. and he has to be able to act when he can. it's limited. this is a 3-part problem. you have got boredder security, daca and you have immigration. and if you don't like illegal immigration, you have to fix the legal immigration system. good people who want to work

here, be good citizens, they should absolutely have a path into the united states. right now there is prohibition. they are coming in the wrong way. we have plenty of great conversations on deck. next, china striking back at our president's tariff announcement. the president said this isn't a trade war. but should you be worried about your wallet? brian brenberg joins me in moments. it's easy to think that all money managers are pretty much the same. but while some push high commission investment products, fisher investments avoids them. some advisers have hidden and layered fees.

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kennedy: president trump could be moving from twitter wars to a trade war. 24 hours after he announced a $50 billion tariff on chinese goods, china responded with a $50 billion tariff on soy beans and suvs. >> blame china. don't blame president trump. for all these years china has had unfair and illegal trading

practices, and i think the rest of the world knows that. kennedy: the president tweeted we are not in a trade war with china. can the two side make their way to the negotiating table or is there going to be more of a showdown. joining me, professor of economics at the king's college. brian brenberg is here. a lot of people are freaking. trade wars are never good. the chinese are hitting the president on soy beans, planes and boths. >> today was fascinating. it dives 500 point, comes back 700 point. investors don't think we are at a trade war stage. we are at the negotiating stage. china has no deadline. the u.s. says six months from now. that's a very long time.

i don't think we are at the trade war point. the watchers are saying that's right. the question is how quickly can we get to a deal. kennedy: what does a trade deal with china look like? we have big issues here, particularly with the intellectual property. >> you will see u.s. companies not having to enter into joint ventures to do business in china. and some of the licensing requirements in order to do business in chain ka and i think you will see china buy more semi conductors. it will be things like that the president can take back to his base. it's a deal they want 0 get to because the president can't take a stock market luke this the rest of the year. he has been running on stock markets. this won't be good going into

mid-term elects. he won't want to tolerate it. so expect something to happen. kennedy: we have had a healthy bull market since the president took office. >> there is aton of uncertainty. when you negotiate it can only happen if there is uncertainty. the president knows that and it helps him but it hurts businesses and it hurts farmers. it won't go away until he gets a deal with china which is why he has to move quickly. the longer this goes on, farmers start asking the question, what do i plant this year? soy beans? corn? kennedy: what do the other tpp countries do if we have a unilateral trade deal with

china? >> i don't know that it affects what they are doing. the world is waiting to see if we are going to get a big trade deal. i don't think it goes anywhere beyond that. the president captured the world's attention. the other trade deal that matters is nafta. that's the one where we wonder what will happen. we saw the president step back on the auto parts requirements. if you can get somewhere on nafta and get this dispute with china resolved, i think you will see markets pop. earning are supposed to be big. double digit growth in earnings. there is a good news story to tell. this is his chance to prove if he's a great negotiator. he put himself in the spot. if he comes out on top it will be grate for him and republicans. there is a chance he could come out losing in a big way because the stock market tanks.

kennedy: china positioned itself by stealing a lot of of our best ideas. a lot of the stuff from tech companies where they capitulated in order to boost their own long-term economic success. >> this is why people are more willing to deal with the short-term uncertainty. china steals and if the president want to do something by the. people are saying if he can do that. we are willing to deal with short-term uncertainty to get the negotiation going. it could be a massive win for him because nobody dealt with this issue before. no president has dealt with chinese i am p. abuse. but it's not a slam dunk. he's going to have to bring whatever negotiating skills he has to get it done. kennedy: it biles down to freedom. china has a state-run economy but they want the benefits of a

free market economy while the government still runs everything. and the president can throw a maaman monkey wrench into that. >> there are great mind in china that could serve the rest of the world. i'll give larry kudlow -- he was talking about lowering tariffs on everybody. he turned this around into a growth story. the president has to get this done. kennedy: growth indeed. thank you very much. always great stuff. coming up. hillary clinton still yapping about the elect. could she be taking credit for the #metoo movement? what happened?

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kennedy: president trump wants to make changes to his $1.3 trillion spending bill that he just signed into law. and he wants to use rescission

to freeze and potentially cut spending. the president asks congress to rescind specific items. lawmakers then have 45 days to vote on it. and all they need is a simple majority to make it changes. if congress doesn't vote, the budget will stay the same. as luck would have it a new facebook docu-series is out it's called the swamp. it follows four conservatives in the house. congressman buck said he felt pressure leadership on how to vote on the budget. >> leadership couples to you and asks you how you are going to vote on this. he said ken are you going to vote for the budget? i said no i'm not going to vote for the budget. i says it doesn't balance. he says it balances in 10 years. i said how long have you been

here? >> 10 years ago did they tell you it what balance. he looked at me and said you are right. it never balances. >> that's leadership through a representative telling you it never balances. kennedy: that's how the sausage is made. congressman buck, welcome to the show. >> thank you very much. it's good to be with you. one thing you get from this facebook series. you are surrounding by principled colleague hospital essentially hate their jobs. why do you do it? >> we don't hate our jobs. we hate the process we are going through it's an honor to serve in congress but it's a problem when we pass a $1.3 trillion omnibus budget snowing we'll be adding to the debt. it's frustrating our colleagues

don't realize the position we are putting the country in down the road. kennedy: no one wants to cut anything because everyone wants to be re-elected. and this compromises people, doesn't it. >> it does. a lot of us had open eyes going to congress but believed there would be a certain amount of merit in the system. if we had a good idea people would take it seriously. when you are dealing with an omnibus spending bill, they will take your vote and you can get a project in your district for that vote. a lot of us don't play that game and refuels to go down that path. >> what happens if you don't vote the way the establishment wants you to? >> there are consequences. some people are getting kicked off committees. there are other committee assignments. anything you want can be used as leverage against you if you don't vote the way that is the

team it's team republican. it's not team america. i tell you, i think it's as much a followership problem as a leadership problem. we all ran on balancing the budget and less government regulation over business. but when it comes time to vote that way a lot of people more interested in getting re-elected. so that puts leadership in a bind. kennedy: are you worried about what the documentary will do for you in the fall when mid-terms come around? >> i'm not. i went to dc without any friends and the people in my district understand that i am a voice for fiscal responsibility and i'm not concerned about the election in the fall. kennedy: it's a lonely choir. right now you have a lot of people in both parties, including the president who are

absolutely addicted to big spending and big government it's the opposite of the tea party mandate. are those principles in hibernation right now? >> i don't think they are in hibernation. i think what ke crib mccarthy and mick mulvaney and the budget director are doing the rescission issue you mentioned earlier in the show, i think that's where republicans need to go and we need to show the voters rear serious about less spending and finding every way possible to reduce the overall debt. kennedy: i say the same thing to congressman massie and amash. stand your ground. you are a principled individual and there is a reason people voted congressmen and women like you into office. thank you for that part of your job. >> thank you very much, i appreciate that. kennedy: congressman buck.

just like a coffee you can't shake. hillary clinton continues to annoy and agitate americans. last night during an appearance at a women's social club she was asked about the #metoo movement and had this to say. >> i believe it was a wave that was building and building and building. i think my losing probably accelerated that wave, but the wave was coming. kennedy: there is something good about her losing. that is first class hubris. and she claims fox news is always trying to impeach her. but why does she refuse to leave the spotlight. every democrat i know is frustrated by hillary clinton. some of them publicly say it's time for her to stop saying these these things.

they don't outright say she has got go away. how would you describe some of the statements she made in recent weeks? >> i totally understand the impulse to explain what happened. she lost to donald trump. i get, girl. this is difficult. but i do not think -- actually some of the things she says there is an ounce of truth. some of the things there is no truth, she needs to just not say. but she is not helping the party. and i do think it's true in part because of her loss we see record numbers of women running for office and getting involved in politics because they felt inspired. bottom line is i get it. i respect her. but this is not helpful to the party she loves and i think she wants to win this november. kennedy: and she was lynned to

anthony weiner for a long time. >> you can't shut her up. she wouldn't still be talking. you can't shut her up. keep talking. hillary, please never ever stop talk. you are gift that keeps giving. i will book you for a fee. kennedy: he donated to i'm with her movement. >> it's absolutely insane. this is how little she imairs the democratic party. she is willing to risk whatever is going to happen in november so she can keep on bleeght about what happened during her loss. kennedy: is it a mental failing that she can't stop talking? >> everything she has said reminds me of chevy chase when he's on "saturday night live." that was me, that was me.

maybe she can get national slam spoon's d.c. vacation. kennedy: you are going to wrestle mania. >> i'm going. are we all going? >> pennsylvania 34 in new orleans this sunday. it will be huge. 80,000-90,000 people. kennedy: people will be watching and you are -- >> i'm there are excited about it. i have been with the company for 13-14 years. i don't know how many wrestle manias there will be. there is one sunday. we have a couple weeks or months to figure out to see what happens. kennedy: you could be like hillary clinton and write a

book. >> i can't wait to blame so many of you. kennedy: this was a great party panel. coming up, sorry jeff sessions, a study suggests legal marijuana could be the key to solving the hopoid crisis. dr. marc siegel is next. [fbi agent] you're a brave man, mr. stevens. your testimony will save lives. mr. stevens? this is your new name. this is your new house. and a perfectly inconspicuous suv. you must become invisible. [hero] i'll take my chances.

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kennedy: how can we stop the oap side crisis. studies point to medical marijuana. morphine dropped 27%. and is legalization key toning the opioid crisis? i understand for physicians marijuana is a mixed bag. but wouldn't you rather see someone try medical marijuana as opposed to getting addicted to opioids then buy heroin and fentanyl on the streets? >> we are talk about big numbers here. medical marijuana is legal in 29

states plus d.c. medical marijuana is a no-brainer. it does decrease pain. now here is two studies from the university of georgia and the university of kentucky that shows we are seeing a degrees in opioid prescriptions if we can write for medical marijuana instead. first i would say is the pain to relieve anything? what about physical therapy. doctors have to think about that. >> pain management. doctors are learning more and more about pain and the mechanisms that cause and relieve it. >> marijuana release of it. we should have that availability. but i want to add, it's not exactly the same thing as saying

i grew some not my backyard. i have got some back pain. i'm going to smoke some weed and i won't take an opioid as a result. the centers for disease control came up with a statistic that you are three times more likely to end up as a heroin user if you started with marijuana. kennedy: if you started with illegal marijuana and you are getting it from a drug dealer and he gives you other stuff down the road. but when you are sitting down with your doctor saying i can't work, my back is spasming like crazy. is there anything else? for a doctor to say go to a dispensary and try this. >> i think it should be used for pain. i'm not against legalization of pot. that's not what i'm against. but i want people to use it judiciously.

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kennedy: panera bread arounded a data breach that leaked the personal information of millions of users.

wish them luck, everyone is sowsh and it will cost them a lot of dough. this is the "topical storm." we begin in the beautiful state of georgia. one trucker is a big hit with the locals. oh, no. oh, heck. smoky and the bandit. one of the truckers was so concerned he immediately reached for his phone and started filming. fortunately no one was hurt in the incident. but always ask to check the car facts when you buy a new vehicle. topic number two. football fans aren't the only ones sick of bud light.

organizers at the masters tournament will eject anybody who yelled dillly dillly. if i had a nickel for every time i have seen this commercial i would put them in a blender and drink that instead of bud light. i have had tide pods that tasted better. bud light's p.r. team responded by sending a thousand dilly dilly t-shirts to the masters. let's hope this doesn't result in heckling because the masters are a sacred place. topic number three. the university of south

carolina, the good usc, has a fantastic baseball team but they don't always hit the cutoff, man. sometimes they hit the coach. >> this ways it's all about. tuesday night, just got hit with the baseball. i will be a probate and keep going. kennedy: witnesses say the coach got hit by a ball boy. but give that guy credit. a lot of coaches would have stopped the interview right there. mark kingston is not a lot of coaches. he's one coach who knows there is no dplieg baseball unless you are a san diego padres fan. ready for it? let's go over to scotland. a group of archeologists unearthed the largest dinosaur

footprint ever found. we know the beast was 50 feet long and weighed ten tons. researchers say it's 130 mill years old. this wasn't the only dinosaur sighting in the world. check out the stunning find by archeologists in washington, d.c. these two are believed to be wire vors. they lived in the world which dinosaurs didn't have spines. nancy pelosi pass the blanc. a bear is refusing to come out of the trite has been hibernating in. apparently the bear has a very high threshold for pain. officials in glacier national

park trained a camera on the tree on march 23 and the bear has not left once. at first glass they thought it was a black bear. but after watching it do nothing but sleep all day, they determined it's a kardashian bear. he sent in a truck full of honey to entice the bear out. but there was a typo on the gps. i'll tell you about a dream job for you coup potatoes. it's coming up in the "nightcap." feel the clarity

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tomorrow night on the show, we have katie pavlich, guy benson and dennis miller returns. see you tomorrow, good night. re. >> mysterious, incredible. believe it or not. >> you might see something like this in "lord of the rings" or "game of thrones." >> this is natural? >> of course. mother nature can only do this. >> but when life and limb's at risk...omeone could have gotten hurt.verybody in it. >> ...can they work without a net? >> that gives you the direction of where it's gonna fall... hopefully. >> the stress that you go through, the mayhem, the sleepless nights -- we have to do it. that's part of the fun. ♪ [ door creaks ] [ wind howls ] [ thunder rumbles ]