marianne was just talking about, and that is the high cost of ill liam immigration and open borders on the american worker, the american working family and our middle class. that's tomorrow. good night from new york. kennedy: the immigration battle has reached fever pitch as president trump and his administration are blaming the southern border crisis on democrats in congress for stalling on legislation they say could bring a resolution. >> immigration is the fault and all of the problems that we're having as we cannot get them to sign legislation, we cannot get them even to the negotiating table. and i say it's very strongly the democrats' fault. kennedy: oh boy. the administration is holding immigrants who illegally cross the border for prosecution and separating parents from children. critics are calling the policy cruel and inhumane. but this afternoon the department of homeland security

secretary kirstjen nielsen said claims that the administration plans to separate parents and kids are offensive and that officials are doing their job enforcing the law. like the president laid the responsibility on congress saying they're the only ones with the ability to fix the crisis. watch. >> congress and the courts created this problem and congress alone with fix it. until then we will enforce every law we have on the books to defend the sovereignty and security of the united states. kennedy: all right. who is to blame for this mess. let me bring in senior editor at the federalist mollie hemingway. welcome back. >> great to be here with you. kennedy: let's talk a little bit about the people coming over. because after the president was elected we saw a sharp drop in apprehensions at the border. that was based on the perception that the president was going to make some changes in immigration policy and enforcement. and now we're seeing the separation of parents from

children in some of these cases because of what members of the administration are calling a zero tolerance policy. what has the shift been. >> right. so in previous administrations and particularly under the obama administration, when someone illegally entered the country and only after being caught claimed that they were seeking asylum, they would essentially be let go. so they would be told, we're going to let you go right now. come back for a court date. and it became a thing that was an incentive structure for people to cross the border illegally with children. they knew if they got caught there was a loo loophole that enabled them to head of to their destination, they never showed up for court and they could live here as planned. what happened is we started to see a sharp rise in if number of people makin making this type of border crossing. if you're truly seeking asylum, you can go to any port of entry in the united states, declare yourself as an asylum seeker and you will not be separated from your family.

this ising on after thebut realy high. in the first three months alone a they had almost as many people using this method and not showing up for court dates as they had the previous year. so there was a decision in the trump administration that this policy really had to change because it was creating a bad incentive structure. kennedy: it is a bad incentive structure. and you say there are a lot of people crossing the border gaming the system. but we can all agree -- i do agree with you that the obama administration, they were not innocent sweethearts when it came to immigration and deportation. but you know, reinforcing bad obama laws is no justification. what happened in the obama era was bad. why would this administration be doing the same thing under the auspices that the law is the law and therefore it's going to be enforced in this particular way. >> what you had before was a

failure to enforce the law. the big change is that this administration is enforcing the law. if you don't think borders matter, go ahead and pass a law that says they don't matter. as it is right now there's not much option other than not enforcing the law and that is something that i think a lot of american people have decided is no longer tenable when it comes to immigration. senator ted cruz just proposed legislation that might be something that keeps a lot of people happy on both sides, takes the issue of sovereignty seriously but also addresses how long it take to adjudicate these illegal border crossingings followed by asylum seeking status and basically he says you have two weeks to resolve it. if they don't meet the standards, they're deported as a family. otherwise they can be allowed to stay here as a family. kennedy: deported as a family back to the united states. now the issue that people have isn't with the united states having borders or enforcing our own laws. the issue is the optics of how

bad this looks. and you know, you have a lot of republicans and a lot of never trumperers who are seizing on ts issue who have been opposing the president fruitlessly but now they've found something that actually has traction. and it doesn't seem that this is the best way and this is the best negotiating tool. and it doesn't even matter if they're showing picture picturem 2014. people aren't going to listen to the clarification. the only thing that's getting through is that there are warehouses full of children who are separated from their parents and there hasn't been a cohesive explanation from the administration what is happening and why it's happening. >> there's true that it's not been well-communicated and there is a moral cost to separating children from their families. and it needs to be addressed. the laws needs to be addressed. it's also true that people frequently feel that there is a lack of honesty in the immigration debate. this is a problem of border enforcement and how porous our

border is. rather than talk about that we bring up the latest group of people that are sure to invoke a lot of sympathy open talk about that instead of the overarching problem which is are we a nation of laws, do we have a border that means i guess in. and people are getting tired of being -- of weaponizing different groups of immigrants as a way to prevent us from talking about it. kennedy: i agree there's a lot of emotionalizing on both sides. i also agree that members of congress lack courage to come up with a comprehensive immigration policy and what that means. because on one side you want to make businesses happy and provide them with inexpensive labor options. but on the other hand you want to make sure that people aren't coming into the country to take advantage of benefits. but no one really wants to pass laws that might be politically perilous for them and make reelection difficult. so instead we are in immigration limbo and extremists on both side get to dig their heels in

while sadly kids seem to be the ones stuck in the middle. >> i'm a huge fan of immigration. i think we should have more of it. at the same time we need laws and we need to agree on the laws. everyone should know that the rule of law is the way that we can work together as a society and truly be a nation with board borders and laws. kennedy: thank for your time. lawmakers on both sides of the aisle criticizing the president for this zero tolerance policy. a group of democrats visited mie tores in brownsville texas to draw attention to what's happening. while a republican senator wrote in a facebook post today quote, family separation is wicked, harmful to kids and absolutely should not be the default u.s. policy. americans are better than this. even a spokesperson for first lady melania trump says, quote, mrs. trump hates to see children separated from their families and hopes both sides of the aisle can come together to achieve successful immigration reform. so will the administration take

note? let's go to the panel right now. from reason magazine, matt welch is here, along with comedian jimmjimmy faye la. welcome, everybody. >> hey, hey, hey. kennedy: here we go. we have the president and a relatively successful summit with north korea. a good first step toward bringing peace to the korean peninsula. but now obviously, if you're a democrat you have to get that off the front page and this is the per pect is opportunity to seize on an anti-trump something resonating on both sides. >> i definitely don't think the two are connected. the bigger issue here, this is maybe his achilles heel where we've seen him really be tested. and whether it's calling john mccain not a war hero where you got pushback. but for the first time you're seeing evangelicals rightly so

saying this is wicked. it's like if you rolled lord volvalued more, thanos and darth vader together you would not be able to get this level of evil. we're finally seeing a pushback. kennedy: good things we've unhitched yourselves to hyperbole tonight. >> you know subtlety as well as my jacket. just kidding. kennedy: that's apt. disproves my original question. matt, i think the problem is whether it's this party or this administration, this country really doesn't know what it wands to do in regards to immigration. the dirty little secret is we still need immigrants. we need immigrants in order to make our society work. hopefully more legal immigrants. but you have to fix an immigration system if you're going to allow people to come into this country. >> the problem is for a really long time republicans in the

grass roots have had a duel fantasy about immigration. the dystopian fantasy is that everything is falling apart, we're not going to be a country anymore. it's not true. we're going to be a country. we're america. we're a country. we kind of work that way. kennedy: pretty awesome one too. >> pretty awesome country. illegal immigration is causing everything to blow up. that's not true they're not disproportionally criminal. they're not disproportionally sucking up welfare benefits. none of that is true. the republicans have been nurturing that. on the other hand there's the utopian policy that we can seal the border. that's not possible to do. kennedy: republicans want to go there and show how old the fence is and how it doesn't work and we need to seal it up because we have rats that are getting in through the basement. and democrats want to go in and show the sad pictures and tell the story. and maybe neither side is

incredibly accurate. but they are both praying on people's fears. no matter how you beg, there's still not enough logic in this. >> that's what's frustrating. it's become a branding exercise. much like daca. everybody thought the dreesms werdreamersfor the most importan the world and they weren't. there's more about politicizing these kids. trump better watch out. jeb bush spoke up today and that could cost him five votes. kennedy: low energy jeb? >> off the couch. >> jim swift talking about the breakdown in 2007. hillary clinton open barack obama were on the wrong side. they inserted a poison pill in what could have been comprehensive reform back then because they wanted to get rid of the guest worker program, wanted to sun set it. it could have passed then. and the restrictionists on the republican side sank that bill. >> there was a lot of opportunity with president obama ready to sign an immigration

bill. there is so much -- kennedy: what when he had the majority in the senate? >> democrats absolutely deserve blame for having the situation where in 2018 we're still in this situation. but the level that this administration is willing to go to demonize immigrants, they are now also saying we're going to go back and look at people who have been naturalized as citizens and we're going to see if there was anything wrong on your application so we can kick you out. my parents are naturalized citizens. it's like they came for you and you didn't fight. then they came for you neighbor. now how many communities are going to be affected by the demonization of immigrants that the administration, the level they're willing to go to. when, like you said, kennedy, we need immigrants. kennedy: you know what? you need immigrants and democrats use them as a political pawn. and that's what they're good for, unfortunately, to the democrat party. they are not -- you know, you

guys talk a big game but all you really want are votes because you could have fixed the system and you didn't fix the system pen and i.and it benefits the do not help dreamers. once the dreamers situation is fixed, that's a political shift that the democrat consist no longer call on again and that's why people hate both parties. >> no. kennedy: yeah. >> it is. kennedy: yeah, that's true. ecia director michael hayden chimed in over the weekend tweeting other governments have separated mother and children along with a picture at auschwitz. so whenever someone invokes nazis or hitler it is called the god win'godwin's law. >> impose a tax on idiotic nazi comparisons to president trump. there's 35 of them a day. i'm shocked that msnbc let this

go. it's insensitive to their colleague brya brian williams wo survived the holocaust. kennedy: he looks great, though. >> i think president trump has a good godwin's law notches on his belt. i would be super happy if michael hayden, james clapper and john brennon -- kennedy: went on a long term honeymoon in hell. >> where they conducted warrantless surveillance, apologized to them personally open come back to us and talk about this. i disagree with the policy as well as michael hayden does. there's a way to communicate this without losing your marbles. kennedy: but the marbles are gone, they are left the barn and we can no longer put the toothpaste back in the horse first up, inspector general michael horowitz testified on capitol hill today defending a report that found no political bias in the clinton e-mail probe

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eaz michael horowitz and christopher wray testified on last week's ig report that exposed bias within the hillary clinton e-mail server probe. edward lawrence was there for every word. >> kennedy, ki tell you it was a hot seat for both of them. it took three hours for the testimony. it was mainly a lecture from senators using the information in the inspector general's report. senator lindsey graham focusing in on the text messages from peter truc strzok and his misst, the former fish attorney lisa page where they basically that said tha they would make heur tt president trump did not become president. they had a meeting after the text messages with former deputy director andrew mccabe. none of them seem to be what was happening in the meeting. senator lindsey graham says the inspector general needs to

reopen the investigation. >> you got the deputy director meeting with the lead investigator of the clinton e-mail investigation and ms. page, who's involved somehow, meeting in andy's office discussing taking out an insurance policy to make sure that donald trump doesn't become president. is that what you're telling us? >> i'll be clear. i can't b speak to whether mr. mccabe was there or not. >> did you ask mr. mccabe. >> we did. he did not recall. >> one of them is lying. so i want you to reopen this investigation. >> now peter strzok says he'll testify in front of the house judiciary committee. he was subpoenaed today. the democrats today in this senate panel pointed to page 283. that's where the inspector general said that there was no political bias or other types of bias when the prosecutor decided not to prosecute or not to charge hillary clinton for her e-mail server. now senator richard blumenthal

says he's concerned at how the president is using this report. >> he is distorting this report. he is weaponizing it to discredit the special counsel and to really undermine the rule of law in the united states of america. and he's using your report to do it. >> now the bottom line is there are five more officers or employees at the fbi who are identified in the inspector general's report who will be turned over for discipline because they had bias text messages or other messages. fbi director christopher wray admits there were mistakes here but they will not happen again. kennedy: thank you, edward. what kind of dumb dumb using their work phone to criticize presidential candidates, especially when you're at the greatest surveillance agency in the world. come on, man. am i wrong? i'm not wrong, edward. >> it's one of those things where maybe they just weren't thinking.

but they were also using those phone to try and hide their relationship from their significant others. so that could have been part of the problem there. kennedy: so smart. all right. thanks so much. edward lawrence on the scene. fbi agent peter strzok has previously said he would be willing to testify but what will happen when it puts his money where his text happy mouth is. let me ask former trump campaign aid sam none. nunberg. welcome to the show. i'm delighted to have a one on one with you tonight. what was your takeaway from the questioning today? >> we need to understand that horowitz himself is not doing anything wrong but unnart unfory the limitations means that we has to take -- it's a lie. every lie that these fbi agents give, every lie that comey, mccabe, whoever else gives him at face value. in other words he can't believe his lying eyes when they shay no

no no, no political bias. kennedy: it's hard to prove political bias screwed with the outcome. it feels like something really bad happened. in his defense, it's hard to actually prove. >> i saw james clapper -- kennedy: he's a big fat liar. >> he is. and when was promoting his back, which is almost as bad as comey's book, he said the russians gave the election to trump was wisconsin and pennsylvania were directly delivered by the russians. so if i use that kind of analysis -- kennedy: if you actually knew that in 2016 or early 2017, why not come forward with that information? why wait to put out a book. evidence wasn't actually in there. >> the idea that that is actually logical, i can tell you having worked on many campaigns is so dumb and asinine i really hope he doesn't believe that. and steve bannon said yesterday what we need -- first of all, we

need rosenstein to answer the subpoenas given to him by five oversight committees in congress and if he won't, therefore the president has a right to fire him. kennedy: yeah if you do that it looks like you're having devin nunes do your dirty work. that's not the case. we need transparency not just here and not just with the department of justice. >> and you know how we're going to get it? jeff sessions should actually get a special counsel to investigate. kennedy: special counsel, they can go sideways. >> i think i know that first hand. kennedy: they can take forever. did you testify before the grand jury? >> you might have heard about that. kennedy: what can you say about that? >> i was in there five, five and a half hours. if first 30 minutes they screamed at me. i expected that. i had been chewed out before. kennedy: when you said you were going to tear up a subpoena on live tv. i appreciated it.

>> an shower goes into roger stone and what roger was telling me -- roger never spoke to us. never had any foreknowledge of podesta's e-mails. as we know today, they may have tried to have comey do a sting operation -- kennedy: will peter strzok get fired over this? >> it would be great if he did. but these bureaucrats never face accountability. kennedy: mccabe got fired, james comey got fired. >> those are people who worked at the discretion of the president. and the reason mccabe got fired is because he's lied to this inspector general. you know, comey and mccabe are such bffs. kennedy: did peter strzok lie? >> there is an issue right now with mccabe about whether or not comey had directed him to talk to the press. comey claims he didn't, he did. i think mccabe should be indicted. we'll find out. going back tony grand jury testimony. i want you to understand this. i'm in there for an extra three hours plus. it had nothing to do -- i was on the campaign of six wonderful

weeks. it had nothing to do with the campaign. it had to do with business issues, personal issues. kennedy: like what? >> i don't want to get into it. kennedy: you can tell me. it's just us. >> the point is, is that mueller is on a vendetta and he's on a vendetta because we doesn' he de the way donald trump treated james comey. kennedy: do you think rosenstein is going to get fired? >> i don't think he will. sessions, rosenstein and mueller are perfect foils. leave them to their own devices they're actually helping the president kennedy: i don't know what was a dumber fire, manafort or veftions. >jeffsessions. >> i would say lewandowski. kennedy: thanks so much for being here. very good. coming up, president trump says he likes the job scott

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stand by the epa administrator scott pruitt despite ethics allegations against him. price has sent $1,500 taxpayer dollars for customized fountain pens. last year he went to italy and spent $100,000 taxpayer gallonners and a $45,000 phone booth at taxpayer expense. now they are questioning how he got his rose bowl tickets. president trump: i am look at scott. scott has done a fantastic job at epa. but -- i'm not happy about certain things. kennedy: why is the president standing by pruitt? the panel is back.

i think scott pruitt is a very entertaining character. if you know you are going to be fired, you can't do it on taxpayer money. >> even getting your wife a job? i think it's one of the best conspiracy theories going. we have seen trump doesn't like this type of behavior. don't do the mickey mouse stuff with the planes. so why the going theory is he wants to keep him around in case he gets to fire jeff sessions. my theory is -- kennedy: i don't buy that theory. when you talk about deregulation and trump has been the most deregulatory president since ronald reagan. what is the area in which regulation has been strongest or deregulation can do the most of. they had a default mindset of regulating stuff for a long time.

they do about half of epa regulations. so having that mindset, even if he's an incompetent boob which he is by some reports. kennedy: i love deregulation. it might be my favorite part of the trump administration. and i like the fact that he makes people laugh. that i have much enjoy. but i don't like the spending of the taxpayer money. right? >> here is my theory. i think trump sees a little bit of himself in scott price and is impressed with his swagger. you know, there are some similarities. when you think of what trump did with his foundation. that's what scott pruitt is doing with taxpayer dollars. kennedy: it's unnecessary for an epa head to have 24-hour

security. he can handle himself. the guy is a secret ninja. but i do respect -- if you are going violate the rules, having his detail go to the ritz carl none the middle of the night. >> he's acting like an identity thief but he let his name out. too funny. but he's not going anywhere. he knows how badly they want him fired. if people shut up about pruitt he'll probably fire him. but the more they carry on the less likely he'll. kennedy: the same with the immigration crisis separation policy. speaking of separation from rationale. robert de niro received a

standing o for shouting expletives about the president during last week's tony award. but apparently not every theater-goer agrees with him. a theater-goer held up a red flag, keep america great and trump 2020. several members of the production were quick to attack him with a political protest. i can only imagine how upset these same people were when the cast of hamilton interrupted the show top criticize vice president mike pence. jehmu, it's either we are all in with this political grand standing, or we go back to decorum and protocol. >> if that happened at a broadway show, i would be lived.

kennedy: it happened at the end. >> i think democrats should be laser focused on winning the mid-terms. i'm not a fan of what robert de niro does because it plays into president trump's hand and the conspiracy theory about how the left is unhinged around this president. we should stay away from this type of behavior. we should get to the point where people can pay $200 to see a show and not be interrupted. kennedy: i don't have a problem with that. but we can't act outraged when the other side does it. >> his fist pump at the end. i'm so brave, i said to a group of people on broadway that i don't like trump. the best part of that is the last great trump nickname.

he's punchy. punchy. that's a top 5%. kennedy: sometimes it's leaking james comey and lying james comey. so what is it, is it all or nothing? >> i would say nothing, but it's not going to go that way. i feel like this guy distracted from a bigger issue. the bronx tale is a terrible issue. it's a real tomato can. i think what's happening in the theater crowd is they are underestimating the fact that there are certain plays like the bronx tale and marching rightaville that don't skew with the normal viewer. and they don't hate the president.

i thought it was funny. i invite them. i thought it was funny. kennedy: i'm so amazed at people who get so upset by someone standing up and the presidential press briefing. but it's okay for this guy to do it. it's all okay or none much it's okay. it's going to be very boring. there is an addiction to it. >> we are talking about it now. he's got all of the attention. what is next. >> it's their reward. >> that one guy that was on bill maher with nick -- mark ruffalo. he hasn't piped up in a while. >> i want to see ben affleck. kennedy: the phoenix rising from the ashes. it would be only funny

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kennedy: president trump firing back at critics of his north korea up it. he says the deal is being praised and celebrated all over asia. they are so happy. here in our country people would rather see this historic deal fail than give trump a win, even if it potentially saves millions of lives. the president getting heat for announcing he'll suspend military drills. he says the drills will be reinstated if north korea fails to denuclearize. did trump speak to soon? and what is kim jong-un giving us in return? joining us, bryan suits in the house. let's discuss here. the president says the first step, there will be many to

follow, and he got a strong commitment to denuclearize. we were in a better place as far as peace on the korean peninsula. was suspending these drills on the south clear rian policy a safe move? >> we didn't really suspend them. kim jong-un consented 2 1/months agene said we have exercises, guys have exercises. let's just exercise. this was a needless concession and it looks good and it looks like we are making a concession. so the ball's in his court. but these were funded a year ago. we are still going to have them and rename them. they won't be called team spirit. they will be called sneaky weasel or of whatever. but the money will be spent on exercises. and the for koreans know that.

publicly what we said to the world is look what we have done. we stopped these provocative war games. so the north koreans now have to make an equally empty gesture and not have their annual haircuts for their army and not fire 50 round from each artillery piece. they are talking to south korea about pulling their artillery 40 kilometers north of the dmz. >> it's easiest of all things to reinstate those drills. that's one thing that these two militaries have been working together arm in arm for years. in a concerted effort to make sure that there is peace through strength on the korean peninsula. whether or not you agree with it. that's easy to do. when you lift the sanctions and ease the pressure which is what north korea ultimately wants. that's when you have a harder time going back.

that's what the clinton, bush and obama administration. >> i'm a critic of trump. but i will give him credit. talking is better than sinking south korean patrol boats or shelling south korean islands. we put the ball in the south korean's court behavior wise. we are in a position where trump maneuvered them in a position where they have to behave better than they ever have. i give them credit for that. kennedy: is this something that you know we talk about denuclearization. but is this something that will practically be applied before the end of the president's term? >> it will stick because north korea is getting far more out of it than they would in being the

bad guys. down the road, the united states is going to accept a nuclear north korea. i have got bad news for folks. they are not denuclearizing. this is the way you get there by playing nice. then america a year from now says okay. you are going to have 20 nukes. kennedy: we'll see. the future is yours. "topical storm" is next. when we were dating, we used to get excited about things like concert tickets or a new snowboard. matt: whoo! whoo! jen: but that all changed when we bought a house. matt: voilà! jen: matt started turning into his dad. matt: mm. that's some good mulch. ♪ i'm awake. but it was pretty nifty when jen showed me how easy it was to protect our home and auto with progressive. [ wrapper crinkling ] get this butterscotch out of here.

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ken report organizers of come comic-con from the organizers. americans are shocked. that's a true story and this is the "topical storm." topic number one. we begin in fullerton, california where the police department released a disturbing video about flossing. this school resource officers were trying to learn the popular dance move known as flossing so they could bond with students. but it turns out they floss as

god as a man with three teeth. it would be a perfect fit. it's videos like this that make me long for the old days when the resource officers bonded with students about nattie lights. but the end result is bad dancing. topic two. jimmy kimmel and ted cruz squared off in a charity basketball game saturday. don't feel bad if you missed it. because missing things was the theme of the nice night. that's got to hurt. they were playing for a children's charity. but they shot like they were playing for the washington generals. roseanne barr is better at

twitter than these two are at basketball. but on the plus side they raised big money for charity and built low income houses with all the bricks they put up. cruz won the game 11-9. one is a political lecturer who annoyed half the country with his take on the issues, and the other is ted cruz. israel not competing in the world cup, but their fans are still behaving like a bunch of animals. a zookeeper gave these lions soccer balls. we can't really ask them why because they ate the ball.

very good. mexican soccer fans caused an quake yesterday with their wild celebration of the team's winning goal against your money. and get this. police didn't know it was an earthquake. when they felt the ground shake they just assumed el chapo was tunneling out of jail again. limits head to canada where their football teams stand for the national anthem but they do not stand for streaking there this guy decided to go streaking because who needs the gray cup when you have got a red solo cup. the defensive back levels him and he goes down quicker and donations to the clinton foundation the morning after election night. if you google drunk guy canadian

football game, most of of the stories are about johnny manziel. we obtained this footage that shows the cops' actions during the incident. they were too busy flossing. they move like they fractured their foot on a rock. they are the reason i need that reference. topic number five. mugshot monday. this week's winner puts the mug in mug shots. hey, buddy. he was pulled over on suspicion of dui. just when cops couldn't get any more suspicious, he allegedly chugged today full can of beer. he was charged with d.u.i. and

driving with a suspended license. but on the plus side his friends took him to a soccer game after they bailed him out. yay. see more these video and americans might care about soccer. we'll be right back. capital one and hotels.com are giving venture cardholders 10 miles on every dollar they spend at thousands of hotels. brrr! i have the chills! because of all those miles? and because ice is cold. what's in your wallet? proven to protect street skaters and freestylers. stops up to 97% uv. lasts through heat. through sweat.

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♪and the world's gonna know your name♪ money managers are pretty much the same. all but while some push high commission investment products, fisher investments avoids them. some advisers have hidden and layered fees. 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: thank you, bye. it's the best however your day.

email kennedyfbn@foxbusiness.com. tomorrow night chris stirewalt and matt gates, and wwe - [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.