andrew mccarthy and pastor robert jeffress with us tomorrow. good night from new york. kennedy: nbc told the world the feds wiretapped the president's personal lawyer michael cohen. but it's the penn register. they walked part of his story back saying they only logged his calls and didn't his be in. that kind of surveillance is not okay. here is what we know about the government snooping on michael cohen. fox news confirmed the feds were monitoring who he called and when feds say they never listen to anything, but they always say

that. reportedly it went on for weeks before his office, home and hotel room were raided. there is a report the fbi logged at least one phone call between a phone line associated with the white house and cohen. reporters asked sarah huckabee sanders if the president and cohen were still talking. >> when was the last time the president talked to michael cohen and is michael cohen still his attorney, and is the white house concerned, was the president concerned any conversations he would have had with michael cohen would have been picked up by the wiretap. >> i'm not sure when the last conversation took place. on the second part i'm not aware of specific places where he's representing the president, and on the last one i would refer you to the president's outside counsel on any concerns about wiretapping. kennedy: the feds say there was no wiretapping.

the president's new lawyer rudy giuliani said attorney general jeff sessions needs to intervene and start shutting things down. but giuliani said the president repaid the stormy daniels hush money that michael cohen dolled out. and this is murky territory. who signed off on that. joining me now is chris bedford, and michael star hopkins. i'll talk to both of them about these issues. first up, judge andrew napolitano is on the phone on a train. thanks for making time tonight. we heard the song and dance before from the federal government where they say that whatever surveillance they are doing is hardly intrusive and

invasive. but what strikes you about even a pen rick sister on cohen's cell phone. >> what strikes me is for those unfamiliar with this odd term, it's meta data. it's the phone numbered called. where the phone caller was and how long the phone call went on. it's everything but content. once the feds ask for a surveillance warrants they listen to it. and they often listen to it anyway because they can't restrain themselves. i don't buy the argument that's they exercised the self-discipline and only recorded the who, what, where, when, and didn't listen to the conversation.

the second underring thing here is back when these folks, michael cohen and the feds pursuing him, she asked on what basis they got the warrants to raid the offices and hotel room and home. and they said we have been surveilling him for months. and we believe it's an exception to the attorney-client privilege. that means one of his clients was engaged in a crime of fraud and using their conversations to mask the communication about the crime of fraud. kennedy: where do we go from here, judge? >> -- until michael cohen is indicted close quote. there is a view in the judiciary

that they will indict michael cohen for something. whether they are indicting him to squeeze him to get information about the president or on independent crimes that have nothing to do with the president remains to be seen. kennedy: hang on for just a bit. i want to bring on the other two guests. michael star hopkins. you are an attorney. the doj has to sign off on this. you say that gives this a degree of legitimacy. but where is sessions in defending basic civil liberties? >> this is an interesting situation. we don't know whether this is tied to the russia investigation. with sessions being recused from the russia investigation, there becomes and issue of whether he can get into this. but sessions can come out and make clear what's going on.

with pen registers, the supreme court ruled that pen registers aren't an unreasonable search. kennedy: they are if you are talking about the president of the united states and attorney-client privilege. it better be something extraordinary and the legal version of wmd which so far we have not seen. and the judge is right. you can say that you are getting some sort of an innocuous warrant to do mild surveillance but it actually opens up quite a window into some of the most of personal and privileged conversations human beings can have. what is the motivation here for people at the department of justice to sign off on this level of surveillance? >> i can't move inside their heads and decide what they are thinking. but here is what it looks like from the outside. it looks like they are waging a

proxy war on the president of the united states by assigning this task to new york. before earlier on when the legal team for donald trump was led before rudy giuliani came in here, they seemed to be unwilling to step in. it's also portrayed as a battle between stormy daniels. but i think it's much more than that. and i think mayor giuliani thinks it's more than that. when he has gone point offensive and say this is not campaign finance reform, this money was rei am burlsd. there is no bank fraud. he decided the department of justice and the folks in new york are trying to pick off one of the president's oldest and closest confidants and remove one of his officers from the battlefield. all the players back in washington had to have signed

off on all of this for it to have happened. kennedy: the president cannot be indicted on a federal crime while he's in office. but a state crime makes it somewhat different. but if you have people at the doj leaking to nbc news that michael cohen was under surveillance, that has to make him slightly nervous and much more likely to flip on the president. >> you can't flip on the president if the president hasn't broken any laws. but what i will say is when it comes to doing a pen register. the problem is the president and those around him keep lying. so one minute michael cohen's attorney handling the family business. another point he's barely doing any legal business for the trump family. so it becomes a thing wit with s convenient for the story he

should be entitled to attorney-client privilege. kennedy: what you are talking about, that doesn't amount to obstruction of justice or high crimes and misdemeanors. if you are talking about recategorizing the work that your lawyer might do for you, that's vastly different than committing treason. but the problem is we lump all of these things together for political gain and we get very far away from the truth and objective standards for the rule of law. and it's very problematic to think you are okay with this brand of spying if it's done on your opponent. it's never okay to exceed these boundaries, and hopefully at some point this justice department will wake up not just to protect the president, i'm not interested in the president, i'm interested in the constitution.

i want to bring the judge back in here one last time to make some final comments. judge? napolitano i think both of our colleagues make strong arguments. nobody wants civil liberties to be erased no matter how evil the target may be. but some federal judge signed off on this warrant and she or he knew conversely on the other side of the phone it would be the president of the united states. even if it's limited to the pen register, the feds had to give a federal judge substantially heavy evidence in order to persuade the judge to permit this surveillance. what it is? we'll only know if michael cone is indicted. if he's not indicted, we'll never find it out. kennedy: the song goes on and on

and on. kennedy: president trump denied being aware of a payment to stormy daniels in the past. rudy? >> it's not campaign money. no campaign finance violation. so they funneled it through a law firm. >> fund it through a law firm and the president repaid it. kennedy: funneling, too close to laundry for me. kennedy: did rudy accidentally let the cat out of the bag or is he playing three-dimensional chess? it is steven kent. welcome back, everyone. brooks, you are the lawyer on

the panel and you were shaking your head during some of those comments. >> even for lawyers it's hard to keep with what's going on. today and yesterday, there have been so many revelations. i'm disturbed what this panelist said about attorney-client privilege. an attorney is an attorney always. the attorney-client privilege will always be there as long as the client is talking to his attorney. cohen come blighted house and senate intel committee's request which he voluntarily turned over. now giuliani dropping this casual. there is zero basis for any probable cause of an fec violation that led to the raid. what is going on? this is a huge miscarriage of justice. as the judge said, they better

have something. and if they do have something be out with it. kennedy: is it a stunt raid to do political perceptual damage to the president by going after his lawyer? >> if that's what it is, faith in the justice system and fbi, we have lost it. if that's what this has become, a politicized entity to take down your political opponent? kennedy: there is a story out today that they don't even keep cable news on at the fbi or the field off thes or headquarters because there is so much bad news coming out and it's very demoralizing. >> i think it one value of having rudy on the team. he's the wolf from pulp fiction. kennedy: michael cone was supposed to be the wolf. >> michael cohen in this

instance would be the guy with the body in the back of his truck that needs the wfl to come in. i think rudy coming in and going on offense is great for the president. it's exposing how partisan this is. it's making mueller ask questions for the first time in this investigation. you are start something see things like the raid on cohen because mueller is aware they need to do something. the more we see, we see that the process its the punishment. >> there is no question rudy giuliani is a fantastic lawyer. when you see the president's twitter feed this morning. it's full of lega of legal ese.

there is no all caps. there are so many different directions. kennedy: the panel is going to return later in the show. we have more on this. first up, are we heading toward a devastating trade war with china? u.s. officials have arrived in beijing and they are talking trade. but what does it mean for your bank account? plus brian brenberg brian-omics coming up next. coppertone sport. proven to protect street skaters and freestylers. stops up to 97% uv. lasts through heat. through sweat.

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kennedy: president trump's entire team of economic advisors on the ground in beijing ready to duke it out with chain ka over a potential trade war. this an issue that could affect every american, including you. it could raise prices on food, clothes, fuel and now electronics. according to reports the white house is considering banning some chinese countries from

selling electronic equipment in the u.s., citing security concerns. joining us, be connell mcshane in beijing with more. reporter: we didn't know what to expect going toib these talks. mnuchin is getting ready for day two of negotiations with his chinese counterparts. some are calling it a team of rivals. in addition to wilbur ross, robert ligh lighthizer. larry kudlow and peter navarro. that group already holding talks in beijing. it's used often as a meeting place for foreign dignitaries. it's not clear how much they can accomplish on meetings that take place only two days.

there is growing concern that anti-american sentiment can build and do a number on u.s. companies. there are stories about china cutting off its purchases of u.s. soy beans. and we went out to one of the food markets in beijing and heard about concern about supply disruptions, or possible disruptions with the help of our translator i was able to talk to one of the merchants who is selling fish imported from the boston area. >> i really have concern, and maybe two weeks ago there was a short period where there was a lack of supply. reporter: similar comments from what we heard from farmer back in the united states.

as we head into d.c., we hope to get an update on the progress or lack thereof from secretary mnuchin himself. kennedy: thank you so as much. so it's possible a trade war is looming with china. should we be concerned about what happens over there? let me ask brian brenberg. you have a lot of economic isolationists in one place representing our country which is kind of terrifying for free market capitalists. >> it's an interesting mix of people. you have light highser and navarro. and you have got kudlow who is over here on free trade. and you have got mnuchin in the middle and ross on the hardliner side. you would not send all these guys over to china news wanted a deal. it doesn't make any sense for this group to go there. kennedy: they are not going to

deliver bad news in person. >> they are going to china and china is not coming here. you are sending cabinet secretaries and economic advisors. if you get economic cash damage out of this, 2018 will be bad news for republicans and bad news for the president's economic agenda. the president is a realist. so they want to get what they income china and that will start tomorrow. kennedy: china wants economic growth. can you avert a trade war and have both economies grow? >> certainly. you will have the chinese say we'll buy more stuff from america. i don't think that's the primary issue. but the chinese will play ball. they will say they are going to do something about intellectual

property. they have been saying that for years. so what has to happen is not that the chinese says we'll start protecting intellectual property. but the question is can we follow up in credible, verifiable ways? on those two issues, here is where you won't get movement. the made in china where they are subsidizing high-tech businesses. nothing is going happen there. kennedy: their biggest sectors are state run. we won't have as much impact over there. but american companies can stand up for themselves and doing a better job than they have been doing. >> i say state planning has been a failure time and time again. look at the soviet union. even japan. they had a lost economic decade

in the 1980s where they tried to do these things. if we can get intellectual property protection. i think the u.s. can outcompete them. kennedy: that's an were yeah that always moves faster than the government. this country and these companies have to stand up for american intellectual property. usual right about that. brian brenberg, thank you. does anyone really care about stormy daniels? i will explain how the left's all wrong about the porn star. dennis miller is here with his reaction. you don't want to miss a moment and the safey for "most parallel parallel parking job" goes to... [ drum roll ] ...emily lapier from ames, iowa. this is emily's third nomination and first win.

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fisher investments never does. and while some advisers are happy to earn commissions from you whether you do well or not, fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management. kennedy: who cares with stormy daniels? turns out just about nobody who voted for president trump. it's no longer assumed any leader of the free world is an unsoiled monk. it's accepted that a thrice married celebrity star. and no one thought he was a cleric when he won the job.

is it ideal? no. but it is a reality. and competing media tart stormy daniels and her gum-flapping lawyer are trying to service the public for money to see who can make a bigger name for herself. "usa today" has a voter pant where they check in with 25 individuals who voted for the guy to see if they soured on their hero and so far they have not. 15 out of 25 of them think he had an affair and guess what? they don't care. the $130,000 payment is problematic if it violated campaign finance laws. rudy created problems when he said michael cohen would take care of things like this.

what things? how many things are there? is every thing attached to an attorney who won't shut the verbal spigot? the president is dusting off his mamantel for nobel prizes. i want to point out that we on this program emailed and called michael avenatti and his team several times to invite them on this show, the greatest hour of your day and they never got back to us. the bottom line is the trump supporters knew exactly who they were voting for in 2016. his extracurricular activity didn't matter then and it doesn't matter now. that's something all the haters can't wrap their heads around. joining me is dennis miller.

welcome back. >> avenatti wants no piece of you. by the way, don't you wish we had sent our six-man team over. don't you wish we had sent our six-man e-team over dressed as the avengers. coming in, and nailing it. kennedy: they would be fighting or who gets to be captain america. >> that's true. i think trump is that. the stormy daniels -- it's weird that -- it's like you, does anybody think these guys clinton, trump, a lot of them, but mostly those two are like the massive horn dog stars in

the universe. i'm glad stormy daniels got $130,000 out of it. i read art of the deal. i don't know what's going on with the cohen guy and the bad sports jackets. but who really -- i'll tell you the next richest woman in the universe is the woman who comes out and comes out and said she was with clinton and trump. kennedy: there are so many privileged conversations, i wouldn't be surprised if that woman existed. but to her point, if people were so disgusted by these urges and this behavior and if it were such a deal breaker for the presidency, they would have elected hillary. that is why the access hollywood tape that came out before the

st. louis debate, that would have been the nail in president trump's coffin. >> he's crass. he's crass. there are some good things happening. the guy is crass. he's got a side where you throw your hand up. there is a side where he's natural with people and he makes me laugh. and another part that's doing some effective stuff. not on social issues, but economic and security issues, i am a bit of a conservative. i can understand why people hate him. i can't couple with the hate for him every day. i was researching this. i can't follow it anymore, kennedy. i don't know what they are after. is it peeing on a bed, is it having a bed peed open, is it

that he's a russian spy. did they shave margins on the electoral count three rust belt states? if you pull that together, you are a lot smarter. kennedy: i agree with you, there are some things i like and directions i want him to go in. i want him to pursue liberty and constitutionality. that's a given. and there are some things i don't like. i think are gross and distracting and a waste of time. but he makes people mad. there is a group of people upset by everything he says and done. they are always angry. and that anger for some reason brings me joy. >> you watch some of these newscasts. wolf blitzer is perpetually cranky. chuck todd is like an inflated

balloon outside a car dealership. i watch trump for entertainment and i watch entertainment for political elections. he flipped all upside down. he flipped the table. on a day-to-day basis can i think the end is nye every day? some of them i don't get, a lot of them i do get. it's kind of fun to watch. the night at the javits center when she lost, it was like a snowflake jonestown. kennedy: if you are ever in a bad mood, watch youtube clips much hillary clinton supporters crying on election night. >> i have watched a lot of politics over my life. i have had people win that i wanted and lose that i wanted.

have you ever cried or a political losing? they woke and said i want to become the most of important person in the world and their spouse didn't say shut up and get me some coffee. kennedy: bill did, but no one listens to him anymore. believe it or not, hillary clinton, speaking of which, has another excuse for her 2016 election loss. >> you may be the on presidential candidate since world war ii who had to stand up and say i am a capitalist. did it hurt you? >> probably. you mean, it's hard to know. but if you are in the iowa caucuses and 41% of democrats or socialists or self-described socialist and i'm asked are you a capitalist and i say yes, but

with appropriate regulation and accountability, that probably gets lost. oh, my gosh, she is a capitalist. kennedy: you can add that to a long list of other things. the list goes on and on. does clinton have a point about the democratic party having changed? my party panel is back. i never thought her as a capitalist. this is someone who doesn't understand business and is resentful of other people's wealth. >> i will give her credit for one day we'll look back on hillary clinton and the democratic party and say, wow, those were moderate.

but this is another thing -- kennedy: bernie and elizabeth are so young. >> the future of the democratic party. kennedy: joe biden is 75, bernie sanders is 76. >> i have seen younger faces on money. he looks 112. he's selling social i am when people are literally eating zoo animals in venezuela. a lot of chum. what is rum paying her a speech? it can't just be the people hiring her. no one really cares. when you lose an elect it isn't like you lost your car keys. kennedy: :you put hillary clinton on a stage and indulge her and ask her about the elect she is going to say something so bully ridiculous. and i like jimmy failla think

she should be paid handsomely for he one of these. he time she opens her clap trap it's a gift. >> she lost because she was a bad candidate. and that's why she lost to trump. kennedy: it's not on the list. >> page 37. >> she has a point that you have a large majority of students on american college campuses who are being miseducated who don't understand capital i am is the best we got. pick up a history book. watch tv. see what's going on in other fascist countries and communist countries. she made a conscious decision in her campaign mott to go crazy progressive regressive. kennedy: steve and jimmy and

brook, thank you for being here tonight. a glorious night to be had, and perhaps some peace on the side. the north korean peace talks have many suggesting president trump should get the nobel prize. finally. hey ron! they're finally taking down that schwab billboard. oh, not so fast, carl. ♪ oh no. schwab, again? index investing for that low? that's three times less than fidelity... ...and four times less than vanguard. what's next, no minimums? ...no minimums. schwab has lowered the cost of investing again. introducing the lowest cost index funds in the industry with no minimums. i bet they're calling about the schwab news. schwab. a modern approach to wealth management.

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kennedy: did you hear all those loud blasts across the country? it was the sound of heads exploding after president trump was nominated for the nobel peace prize. we are hearing the north may free three korean-american prisoners. what will it take for the liberal media to give the president a little credit. great to be with you. it's really funny, this whole north korea thing. we all hope it turns out to be a peaceful process and a successful process where north korea gets rid of its nuclear weapons. there are inspections and humanitarian organizations that go in and free all the prisoners from the labor camps, food, and economic prosperity rained down

upon that country as they are welcomed into the international bosom and president trump would get 85% of the credit. what is the proper little of that happening? >> i think saving tens of millions of lives of our fellow humans would be great in all. it would be a good day for the human race. but the thing i would love more than anything is watching those pious dotes in sweden or norway. watching them -- oslo, sweden, norway is the capital of norway. watching them have to bestow the nobel peace prize on donald trump. and watching them lift it up over his orange hair. you can see him now. he would be doing a little jig.

he would probably hug the medal. it would just -- again, i really -- it's a serious issue. i do want to see our tens of millions of our fellow humans spared nuclear annihilation. deep down i really even more want to see that. >> i said this time and time again. not necessarily a trump supporter. the deliciousness of that is something i have to snack object in the near future. thank you so much. "topical storm" is next. stay here. patrick woke up with a sore back. but he's got work to do. so he took aleve this morning. if he'd taken tylenol,

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kennedy:ing a swingers club has reportedly opened in new york city especially for millennials. at the end of the night everybody gets a trophy wife. this is the "topical storm." topic number one. we begin at the sunflower creamery in cumberland, maine. the employees were caught having a wild pajama party.

nothing i say can possibly compete with this awesomeness. there are goats everywhere. it's like my mtv audition all over again. there is a super cute story. the creamery thought they were getting nigerian gold when they emailed their social security numbers. just like that, we are talk about my mtv audition again. topic number two. let's so further north to toronto, canada where one man found out the hard way why you should never trust the valet parking. loweredy, truth be told, we don't actually know whose car this is, nor do the cops.

but they think it may be left over from a movie shoot. it's from a children's movie called "alex enter and the terribly bad gps." while they don't know the name of the owner, they released this picture of the driver and his passenger. these goats couldn't have been any worse than the real driver. they are cute and little. topic number 3. major league baseball is sending the new york yankees and boston red sox to london to play two games. it seems like a great idea until you realize how violent their fans will get when they realize they have free life insurance over there. london's olympic stadium will host the matchup. boston is scheduled to be the home team. so to accommodate the locals, they are bringing in 40,000

pairs of ear plugs. though it can't be much worse than listening to the boy scouts, there is no word on whether the queen will attend. but you can't blame her if she skips it. the last time the queen went to a baseball game, reggie jackson tried to assassinate hire in the 7th inning. must kill the queen. topic number four. london may have -- scotland has the world's spiceyest ice cream. it's so hot you have to sign a waiver before you eat it. it's just like being on a date with madonna. gross. the recipe is a secret but the secret ingredient is the

carolina pepper that's so hot, they have to wear protective gloves before scooping it. it translates to i'm never doing this again pucker pucker burn burn. the ice cream hazing ritual is on sale at the aldwych cafe. but if you order it, they ask that you kindly refrain from driving afterwards. he needed water so bad he hung off the side of the bridge. topic number five. this is viewer mail. wendy starts off with, you are not the best. you ride the fence too much. flip-flop.

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