congressman keith rufus is our defendant tomorrow night. have a good night, everyone. kennedy: we have breaking news tonight and several major bombshells in the investigation. according to multiple reports president trump officially not a target in the robert mueller probe or the investigation of his personal attorney michael cohen. deputy to be general rod rosenstein told the president, the reason he said he did not have any plans to fire mueller or rosenstein. and it was probably the reason the president was so forceful in declaring the russia investigation is a witch hunt.

president trump: there was no collusion other than by the democrats. this was a hoax created largely by the democrats as a way of softening the blow of a loss. this is a hoax. as far as the investigation, nobody has ever been more transparent than i have. >> but there is a major caveat. the fact that the president is not a target doesn't mean he's in the clear. joining me now, harvard law school professor, alan dershowitz. and he's the you a tore of a new book, "trumped up." what do these developments mean? >> at the moment before there has been an investigation of the cohen materials, this is an attempt to flip cohen and make him a witness web's not the target. the other interpretation is they

finally have come to realize after i have been lecturing them for a year that collusion is not a crime. and a president can't be charged with obstruction of justice for firing people, pardoning people, exercising his authority under article 2 of the constitution. kennedy: obstruction of justice is a serious charge. there are other people who orbited in and out of the president'president's circle whn charged with those times of procedural crimes, and they may see jail time. there is the idea in the legal community, there is a split as to whether a president can be indicted while in office. >> the constitution is quite clear. it says the president can be impeached and removed. and after he leaves office he can be charged with a crime. the implication is pretty clear

and the justice department ruled internally that a sitting president can't be charged with a crime by the federal government. it doesn't mean he can't be charged with a crime by a state government. the attorney general of new york called for a new statute directed at the trump people, saying if the president pardons any of them they won't get the benefit of double jeopardy and would be prosecuted under new york law. kennedy: can the president pardon himself? >> we don't know the answer to that question, and i don't think the president will ever have to reach that. but he couldn't pardon himself from a state crime. he only has authority over federal crimes. kennedy: you see for political purposes posturing by new york

governor andrew cuomo and the attorney general you have spoken about. let's talk about michael cohen. the idea all it will take is one key player to flip on the president and bring down his presidency. now supposedly michael cohen is the one if he does in fact flip he could do the most of damage to the president. do you believe that? >> we don't know if the president did anything wrong. i am not going to presume guilt on anybody, certainly not the president of the united states. i don't know that they will charge cohen. but the combination has to be three fold. one they charge cohen with a serious crime, and second they flip him. but he not only sings, he composes. he knows the better the story,

the better the deal. that's something everybody must fear from witnesses who know him. kennedy: the more he gives these prosecutors, the less time he'll have to spend in jail. >> the guy who knows more about this and anybody else is rudy giuliani who was one of the most of successful prosecutors in the 7th district. it was a wise decision to bring giuliani on board. he knows all the tactics. he used them effectively. kennedy: giuliani is a politician. you have to have somebody who knows the law, but you also have to have someone who understands the political perception and how any of these decisions could affect the mid-terms. >> nobody should underestimate rudy giuliani's ability as a

lawyer. he's an extraordinary lawyer. his cross-examinations are legion. kennedy: is he a better lawyer than a mayor? >> he was an extraordinary mayor. he would invite me up to talk and i would invite him to talk to my legal ethics class. we are friends. kennedy: if giuliani is successful and he wraps up the mueller investigation and gives both special counsel and the president a grateful out, jeff sessions is in some deep yogurt with the president. and i don't think it will be long before he resigns. i don't think it president will even have to fire him. if giuliani is successful here do you think he's a natural successor as attorney general? >> i'm not sure he wants the

job. he want to be secretary of state. sessions pulled the wool over the president's eyes. he should have told him before he accepted the job. look, i'm going to accept the job but i'm going to recuse myself from the investigation. kennedy: it's like selling a house and not telling the buyer of rats and termites and ghosts. >> it's not about russia or collusion. he's not a witness or a subject. i don't understand why these cases are separate as they claim they are, why sessions can't come back and take over from rosenstein who should be recused from the case because he is a witness. kennedy: fascinating discussion, please come back. rudy giuliani just told action news i'm doing it because i hope we can negotiate an end to this for the good of the country, and

because i have high regard for the president and for bob mueller. president trump issued a statement that read in part. rudy is great. he has been my friend for a long time. and wants to get this matter quickly resolved. does the white house have the ability to put this in the rearview mirror. bre peyton and scott martin with, and marie harf. go buckeyes. >> just don't ask us about the last couplens for football. kennedy: it's an emotional sport. and this is an emotional time for the president and for the country. so many elements wrapped up in

this russia investigation which seems to sprout new legs and scurry in different directions every day. so what does the appointment of rudy giuliani as to be and advisor to the president say to you about the investigation? >> it's certainly an asset. i think the investigation will march on. i don't see this wrapping up or going away anytime soon. any time you are in legal trouble, you should keep your trap shut unless you are compelled to do otherwise. even in that case, keep your answers short. people who stalked to mueller have gotten into trouble. kennedy: there are two elements to the president. the president has client and the president as politician. and rudy giuliani is one of the few people who understands both of those elements. he understands the law and he

understands how important it is for the president to appear presidential and forthright. >> i look at this as maybe finally a decent ally for the president. if you look at comey and rosenstein. these guys have not served the president very well. if we get giuliani in there to give him some good advice on procedure and process. it may be the president will be a little bit smarter in the way he deals with this investigation. a lot of people are scurrying away and betraying him. kennedy: lawyers will always be lawyerly and they will try to protect you. sometimes it's good so you don't get screwed. >> rudy giuliani does have a legal background and he has had a successful political career.

i think this last few years. if he goes and talks to bob mueller and tells the truth, i think he's in trouble. if he lies he's in trouble, because of things they did on the campaign. he backed himself into a corner. the fact that republicans in congress are worried he'll fire mueller. ken there are rosenstein is not sitting with the president alone. he has legal counsel from the fbi. he has the chief of staff in there. he's got president and others and he says you are not a target of the mueller investigation and this cohen case. so that doesn't sounds like the president is so imperilled by a pending sit-down with the special counsel. >> the operative words are "for now."

entrée gowdy said the president should not take a lot of comfort from that because in 24 hours you can go from being a subject to a target. all they need is more information on something. i think rod rosenstein is trying to manage up by telling him that. >> why would we trust what rod is telling him. first-name basis by the way. >> he has a long distinguished career in law enforcement. >> look at the last six months of his behavior. he threatened to resign over the comey firing. what if giuliani tells trump to throw him the slider you don't have to cop out guns ablazing. >> i don't think the problem is donald trump hasn't had good

strategy. i think the problem is donald trump has things to hide. it isn't like they just haven't played their card right. kennedy: the idea was putin had his hand up the president's backside and moving his mouth for him. you can extend anything as long as you want. godfather 3 -- >> i'm still watching it. the first 10 minutes. kennedy: we'll talk to the panel a little bit more pause we have breaking news. fox news confirmed the comey memos have been transmitted to congressional commit res. house oversight, judiciary and intelligence committees. meantime former deputy a.g. an dwriew mccabe facing some potentially serious legal trouble. the inspector general michael horowitz made a criminal

referral to the u.s. attorney in washington, d.c. he's recommending prosecution. mccabe has been accused of quote lack of candor regarding his involvement in release of information surroundinged the clinton foundation. comey was asked about the development this afternoon on cnn. >> if they bring a case against andrew mccabe, would you be a witness for the prosecution? >> potentially. i don't know if the reporting is accurate. given the i.g.'s report reflects uner actions andy mccabe had with me, i could be a witness. kennedy: andrew maccabe put out a statement saying they are confident he'll not be

prosecuted. donald trump tweeted that james comey just threw andrew mccabe under the bus. >> he did what we thought he did. he leaked these things to make himself and his wife look better throughout the investigation and potentially violated a bunch of laws. i'm sick of sociopath i can people in the intelligence committee deciding to leak stuff to make themselves look better. >> secret secrets are no fun. i learned it when i was 5. so i'm telling. we are telling on andrew mccabe. rosenstein has an ax to grind. trump called his wife a loser. then you could tell -- mccabe

lied to investigators, it went from getting his pension to getting serious time. then you have comey rolling into say i may be somebody who could put hip away. kennedy: a lot of republicans have been calling for a second special counsel saying the i am g. can't really do anything. but a referral to a federal prosecutor is substantial. but the up s. attorney from utah, let them finish their work. >> i don't think we need a second special counsel. it's not all that unusual for leaks to get referred for criminal prosecution. they almost never get prosecuted. i think there is a question about what an drew mccabe leaked was classified.

and it's a classic caves he said, he said. those often don't get prosecuted. mccabe is going to go to court to fight. kennedy: he's going to fight some of comey's statements. we have got a lot more on that, including an entire monologue. andrew mccabe's bad day. even his buddy james comey bailing. dennis miller will give his take in a few minutes. is he the right man for the job? tim carney has some thoughts. tim carney has some thoughts. he'll weigh in

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kennedy: c you can a director mike pompeo has an uphill battle ahead as he ages for a promotion to our next secretary of state. he'll have significant opposition in the senate.

pompeo has been wooing democrats. president trump send pompeo to north korea where he met with kim jong-un. he laid the ground work for a up it between the president and the north korean leader. but some nors have issues with his views on marriage. he faces opposition within his own party, mike pompeo. >> for didn't reasons. from rand paul some of it has to do with the uninterrogation techniques that go on at the cia. for the democrats it largely has to do with the fact he subscribes to christian teaching on gay marriage and abortion. if he was being nominated to be the marriage chief of america is

one thing. but for secretary of state, that he personally subscribes to christian teaching on abortion and gay marriage, this is explicitly what jeanne shaheen cited when she said she was opposing it. it's his absolutism, the cultural war on their side is holding. that's why the democrats are opposing him to be secretary of state. kennedy: mike pompeo should say government should get out of marriage. we don't have to have this conversation in a public setting. but there are reasons to question his bona fides when it comes to being secretary of state. >> he's been on an aggressive position that montreal and bush

have held. but as far as averse civil liberties, willing to say, well, the definition of torture needs to be defined better. i think trump, barack obama and george bush have all had -- been way too easy toward torture. and in either party do you have a significant push against it. kennedy: if rand paolo poses him in the committee he's seen as a pariah. are there enough democrats who will come on board on give him the nod for the nomination? >> it's entirely possible because there are a lot of democrats who want to fight him over the social issues. i think democrat like torture more than they hate abortion or love abortion. kennedy: it will be interesting.

and it will be a different confirmation process than for the cia. >> you have bipartisan agreement towards this position that you and i would characterize as he verse civil liberties. the democrats feel they need to drag in their fundraising base. kennedy: the mid terms are coming up. what's your prediction? >> i think pompeo gets confirmed with a couple democratic votes. kennedy: coming up, james comey threw andrew mccabe right under a city bus. whose next? my monologue, plus dennis miller is here to react. stay here. when it might be time to buy or sell? with fidelity's real-time analytics, you'll get clear, actionable alerts

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buffet of delicious contradictions where he danced around facts that could ultimately damage people like loretta lynch who reportedly had hillary skeletons in her closet. the unspector general found andrew mccabe should be fired and his case was referred to a federal prosecutor. comey claims andy cap is a good person but a big fat liar and he launched an investigation to get to the bottom of the leaking lies. if you believe andrew mccabe's lawyer, andy told jim the giraffe about the plan that was leaky. would this benevolent but noon -

bufoon punish himself? tipping off a newspaper is child's play compared to the gross negligence hillary committed with or rinky dink server. it would make one hell of an epilogue to both of their books, and they will have plenty of time to peck out corrections in the clink. isn't it ironic, comey, mccabe and lynch each made a career of turning bad guys into rats, now they are destroying their own career doing the same thing to each other? joining me, dennis miller. there is so much turning i feel like i'm on the tea cups in disneyland. >> you did a really good monologue. that's not easy to do. it's turning into moral giants

like comey and andy mccabe scream i'm rubber, you are glue. i think -- it's delicious. i think things are starting to turn now. i think you will see these guys -- you know, obviously you have to take care of yourself. for the first time i would say it could get interesting if they refer charges. we have to hope sessions takes a few moments off from thinking he saw a puddy cat. but it's moving down the road it's interesting to watch. kennedy: james comey said he thought she was going to be president, everyone thought she was going to be president. if she had been elected do you think we would have known of this level of corruption? >> no, but in an odd way i don't think she had a chance of being elected. something about their certainty about it was almost like what stopped it from happening.

nobody wants to look like they are looking up. it's like when you watch him, you feel like and mccabe are an all-male version of the 1939 krergs of "the women." i think they were so certain she was going to win, i don't think anybody bilt a backup plan. that certainty is what cost her. for her to dodge an entire state. when the titanic left port you could never see it covering itself on that iceberg. but a thousand things happened to make it there at that moment. kennedy: with andrew mccabe's referral to a federal prosecutor, now james comey is going on an unending book tour. it looks like he's making things worse for mccabe.

is he making things worse for hillary? >> i think they cut bait on hillary. i think they will use her to the extent they can fundraise with her. i think she still thinks she would like to run again. i know people say they will never run again. i think hillary would run because i don't think she knows how to not run. remember in the terminator when the thing kept coming up and getting at you and didn't know how to not come at you. i think she is gone, and i think that comey -- rinse, as we said before, comey is going to flip whatever way is going to keep him safe. it amazing me. they hate trump to the extent that now that comey is back on the trump trail they are willing to welcome him back in. when you think outside of hillary doing her own self in,

comey doing that two day, i'm opening this case and closing this case, that stopped her momentum. he was probably one of the people other than hillary that shut her campaign down. i think -- i'm surprised they are letting him back in. he screwed hillary. kennedy: leon a and john podesta doing very public interviews, and they see how close they got. they see how close she got. and it was her hubris, that's what cost her the election. but it was also comey's hubris. he thought so many of himself. he thought he was the better person by a thousand yard. and no matter what he did, she was still going to win, but he had to prove that he was the better person in trying to make

sure she wasn't and i -- wants an illegitimate president. >> i have got to give comey this. he dances as fast as he can with a pretty calm look on his face. but i think he's roiling underneath. i think he knows he's sitting on something here. it's not going as well as he not. but at the end of the day comey smells real trouble. but at least he's keeping his poker face. he looks like he thinks he's an ethical, principled man, a up stone for the rest of us. underneath he's a cat on a hot tin roof. he knows the hammer is coming down. kennedy: he's one bad day away from public facial ticks. >> i agree with you completely.

i think i'll sit back with popcorn and watch myself. kennedy: he's going to be at levity live in oxnard, california. saturday and sunday night. go get some sea food and neptune's net and make a day of it. we have the redacted comey memo. fox business recorder edward lawrence is pouring through it as we speak, and he's got details for us in moments.

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kennedy: we have breaking news. we have the redacted version of the comey memo. edward lawrence has more from d.c. we are all waiting. what is in this thing? >> here is the redacted memos. this went to the house and senate committees, a number of them. the judiciary, house oversight and intelligence committees on the house and senate side. a number of things are popping out. everyone talks about the loyalty pledge. apparently the president according to these memos asked comey if he was loyal to him two times. within one of those occasions comey said you will get that. the president also apparently

talked to comey about how he didn't quite trust mike flynn's judgment. also another issue jumping out is the fact that the president talked to comey about a number of different things including if he could find out a way to get out information that the president was not the focus of the investigation. this comes up at least two or three times in these memos. these memos outline six meetings or phone conversations that comey had with the president. we literally just got these memos not too long ago. as more important r information pops out. there is that pledge in there according to comey. but it also says in comey's word that he said to the president, you will get that. kennedy: all right, honest loyalty right there. edward lawrence thank you so

much. what does it mine for james comey now that congress has copies of those memos. maybe i don't know, but i know who has a good idea. "digital politics" editor, chris tire walt. there is so much breaking news day it's hard to shift through it all. the comey book release has shown us much more than this white knight story he was hoping to put forward. >> i hate to say it, but i'm frankly very bored with the whole thing. kennedy: how dare you. >> comey is trying to structure a narrative -- i thought you and dennis had an insightful conversation on the topic. everything he's saying he already said. he's expanding on it, he's doing that for. and i don't understand why the republicans were in up a lather about getting these memos.

he already testified about the memos. i understand part of the racket they make about the memos is to provide air cover for trump and keep the pressure on the department of justice so they drag these memos out. mueller said i don't care, put the memos out, it doesn't matter to me. his investigation writs is now and what comey thought about the president so long ago wasn't material. so they got the memos now they are going to talk about the fact that comey thought donald trump was gross. but we knew that. kennedy: that seems to be the basis for comey's disgust in his book tour is he thinks the president is yucky. a lot of people do. madonna said she wanted to blow up the white house. i get it. at's an ongoing narrative. is there anything in here that will show that james comey said

two different things that contradict each other that might be legally problematic for him? >> i will be surprised if there are. i'm going to have to look into it. but these are subjective definitions. so honest loyalty. you know, you can get to the definition of the word "is." a good lawyer can stretch the facts to fit the narrative quite well, quite often. and comey is probably a good lawyer. i think what we are watching now with mccabe and comey, these are the guys who thought they were going to be the crusaders, they were going to fight both the obama administration and the trump administration. they were going to be renegades for justice and all of that stuff. in the end they thought they were robert mueller be they are not robert mueller. kennedy: is robert mueller going

to get to the youth somehow? and are these ideals, these moral forms are they dead? >> well, dag-on, sister. is morality dead? probably. is the justice department crooked? i would say no. there are people -- there are bad actors. the reassuring things for citizens ought to be this. the inspector jean process is working. everybody said it's rigged. and you watch as it goes forward that the i am g. system works. kennedy: it seems to be the one mechanism here outside of congress and special counsel and the president and outside of comey's book and hillary's book, it seems to be the one mechanism that is not totally politicized. i say let it play out. chris stirewalt, thank you so much. much. "t

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kennedy: i would like to wish a happy birthday to einstein the parrot. his videos are believed to be the only time in history someone has used the word einstein and

matthew mcconaughey in the same sentence. this is the "topical storm." we begin with an exciting news in the philosophy world which might be the first time anyone used that in a sentence. i love philosophy. kanye west announced he's writing a book object philosophy. it stunned kim kardashian. kanye told the hollywood reporter he wants to share all the knowledge he has and it's to help people, which is the same thing james comey said about his book. but more people take the rapper more seriously than james comey. there is no word on when kanye's bikes coming out.

but the working title is break the simulation. by kardashian standard, it's pretty solid. topic number two. elton john says he wishes today's artists would write better songs. because he thinks today's artists write their own songs. the only one who does is eminem, and it shows. but he said he can't sing today's songs because it's just a beat. which is actually not true. though most of people who have heard katy perry sing wish it was just a beat. let's not act like crocodile rock was mozart. what did rocket man accomplish? it sounds like somebody had their undies in a bundle.

topic number three. a new study find computers can detect your mood. if you log on to facebook you are in the mood to have your information stolen. if you log on to cnn.com you are in the mood to read fiction. that's a joke. a scientist at dolby labs claims our bodies give off signals that can be analyzed by computers to reveal our current moods. devices will be installed in public places to record our body data and share it with companies. the scientists caution there will be no way to opt out of these passive technologies. so ladies, if you get dumped at lunch and take a long walk afterwards, don't be surprised

if there is a coupon waiting in your inbox for an ice cream pore a promotion to adopt a cat. a lot of people didn't take cynthia nixon seriously when she launched her bid for governor of new york. but now comes news she is making marijuana part of her campaign. she says people of color make up 80% of the pot arrests in new york city. but no group gets off easy because white people make up 80% of the sex and the city audience. nixon installed a 420 but not a campaign site as a way of

encouraging donations. topic number five. take two. we reached the part of the show where you raise yourself-esteem by lowering my, you bastards. mike starts us off with you look like someone who is desperate to stay relevant after her philosophy degree and the stint on mtv didn't pan out. what are you talking about? it was 20 years ago and it's still paying off. cowboy cal says all you do is yell and overemphasize. bill mess acknowledged me, i wanted to say something nasty so i could get on "topical storm." but i heart you so much.

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news. follow me on twitter and instagram @kennedynation. email kennedyfbn@foxbusiness.com. - [voiceover] the following is a paid advertisement for credit secrets, sponsored by info up, llc. the product endorsers who appear have been compensated for their travel and lodging costs. all of the endorsers are actual enthusiastic and successful users of the credit secrets program. (warm music) - hi, i'm larry king. you know, you could be, through no fault of your own, one of the tens of millions of people in our country with a lower credit score than you deserve.