sydney powell, thanks for being with us. we appreciate it. thanks for being with us tonight. and see you tomorrow. good night from new york. kennedy: it hasn't been 24 hours since the where nominated judge kavanaugh to sit on the supreme court, democrats are already saying they will do everything they can to block the nom. what's their reason today? it's not abortion, gun rights or gay marriage. they claim kavanaugh will let the president 0 of the hook in the investigation single handedly. >> not only did about kavanaugh say a president shouldn't be subpoenaed. he said a president shouldn't be investigated. >> he chose the one person he

has written should have immunity from any investigation or prosecution. >> he may well be the deciding vote on issues around the mueller investigation. kennedy: he could be a deciding vote on a lot of things if he gets on the supreme court because that's his job. in fairness, judge kavanaugh has written a president shouldn't have to face indictments, arguing it could cripple the federal government. but he said it's congress' job to decide on that. i'm all for limiting government power and some of kavanaugh's ' view on government spying are concerning. but he'll probably be anti-business and anti-regulation. but republicans say it's only

fair to give him a chance. >> i'm disappointed some of my colleagues just dismissed judge kavanaugh * out of hand. they ought to give the man a chance. >> i'm anxious to meet him and visit with him one-on-one. kennedy: even rand paul who questions everybody says he plans to give the nominee a fair hearing, tweeting quote, i look forward to the upcoming hearings, reading the record and viewing him with an open mind. is judge kavanaugh * the best fit for the court? justin amash joins knee once again. you have been tweeting your disenchantsment with brett kavanaugh and for libertarians

it's a mixed bag. ways so disappointing about -- what is so disappointing about this pick? >> i don't think you should dismiss any nominee out of hand. you should look at the full record. you have to look at particular areas. one area that will be important in the coming years is surveillance and how we handle the 4th amendment. he's had a lot of bad decisions on the fourth amendment and he had a bad one with respect to the meta data program. kennedy: we talked about it a little bit last night in was a concurrence in that decision on the federal court where he sits. and it is disconcerting. this is one of the critical guiding principles. even though people like to get caught in hysteria when it comes

to interpretation. but how is he on the first amendment? >> there are pluses and minuses. but i think most of of the people on the president's list will be pretty good republican nominees. there will be typical republican nominees for the high court. but the issue is going forward what will distinguish these people from previous nominees and previous courts. but they will have to deal with the fourth amendment in the digital age. this is not a well-developed area of case law. you need to hone in on the fourth amendment issue and understand judge kavanaugh will take us backwards. we have justice gorsuch on the court and i thank god for him. kennedy: he said venturing into a public square is not the same thing as across question ising private information and meta

data is private information. they both clerked for justice kennedy. do you know if there is a personal relationship between the two, and do you think gorsuch could be a more liberty-minded constitutional influence on kavanaugh? >> i always hope people will be influenced by people like justice gorsuch. his recent opinion was fantastic in dissent on carpenter. he's pushing the court in the right direction. i'm worried we'll tip back in the wrong direction. concerning kavanaugh, he'll be difficult to persuade because it's already on the record. so you don't have someone with a blank slate who can be influenced and isn't biased by their own opinion. kennedy: are you hoping judge kavanaugh gets bourkeed?

>> i think people should look carefully at him. kennedy: don't tell them how to vote. but you happen to be much more after purist when it comes to constitutional matters. what are some of the critical questions that senators have to ask judge kavanaugh in order to glean his legitimate philosophy? >> i think he should be asked about the case he cite and the case which justice gorsuch recently slammed in his dissent. so i think he should be asked about his opinion on the fourth amendment generally and will he follow the text of the fourth amendment or resort to interpretations rough a reasonable expectation of privacy. that's nowhere in the fourth amendment. you can read the text and apply it very easily by reading the

text. it just has to be applied to the digital age. push kavanaugh on it. and there will be plenty of potential nominees who will be good on a whole host of issues. we need to focus on this issue. is there not well-developed case law, and this court will make a difference for the next generation. kennedy: he's only 53 years old. he has a huge paper trail that's following him into this confirmation process. are you disappointed with your own party? >> i think we can do better than kavanaugh. i'm sure he's bright, and an honorable guy. but i don't think he was the right pick at this time. you need someone like justice gorsuch? kennedy: how about mike lee? >> i would love mike lee on the supreme court.

kennedy: it looks like the president will have one more shot. we are not soothe sayers here. we are only analysts and those serving in congress. i won't tell you which one is which. thank you so much. in washington, d.c., it doesn't matter if you are qualified. the opposition party will fight tooth and nail. is it wise for democrats to put up a big fight now and what will that mean for the mid-term. welcome back to the show, chris. so can we expect the democrats to vote for kavanaugh, those who voted for gorsuch? >> yeah, and maybe even one or two more. kavanaugh is easy for most democrats to oppose because it's the republicans' pick. and because of the bush stuff and those things. the little matter of the iraq war and the global war and

terror and all of that. so it's easy for most of of them. but for four or five or maybe as many as six there is good cause to vote for him baits shows you are consensus minds and willing to work the president of the opposite party, especially if you are running for reelection in a state president trump won by 40 points to like west virginia. kennedy: there are a lot of politically interesting posturing going on. let me ask you this. cavanaugh, he seems like a decent guy. it seems he'll do well in the process. there is any possibility that democrats will full lisa murkowski and susan collins to the other side? is there anything you have seen so far that makes you think the nomination is in jeopardy? >> they have 83 days until the

next term begins. i think it's about what elena kagan had. but they wanted to pick a guy who was confirmed to and senior position. with a short clock, this is a guy murkowski and collins already voted for for the second highest court in the land. they already voted for him for the d.c. coast appeals which is a powerful sensitive position. it's not like something has come out since then that would be likely to change their minds. i think they will both be yes votes. once the republicans get to 50 because they are one man down because of john mccain. once they get to 50, then chuck schumer has no leverage on the red state democrats who want to vote for him anyway, and then the dam will break and four or

five will come over. kennedy: are democrats wasting political capital with this hysterical reaction. the president may have another supreme court pick. it seems like the next one will really, truly determine the balance of the court. how much more hysterical could it get? >> this isn't about stopping brett kavanaugh from being on the supreme court. this is about winning senate seats in november. kennedy: using this process to gain political favor. >> each of the party's base cares a great deal about the supreme court. it's a great motivator. the republicans will get an historic win. it will shift the court to have this many conservative justices at the same time it's a long sought-after goal. it will energize the democratic base even further going into

november. kennedy: republicans tend to be more energized by the prospect of supreme court picks. that was the case in 2016 and we'll see how this process affects the mid-terms. we'll check in with you as the confirmation and mid terms approach. the debate is beginning over brett kavanaugh's fitness to serve. but there is no argument over the impact judicial appointees have on the country. he has 19 appointments on the district level with another 70-plus who will be brought up in the senate. you could argue this presidency could have the biggest judicial impact of all time. to discuss that, i want to bring in tonight's panel. from town hall.com, guy benson is here.

former speech writer for eric holder and loretta lynch, jake macabee. let's talk about some of these issues. you hear two different angles from republicans excited about judge kavanaugh and those like justin amash. amash has a more rational approach to dissecting cavanaugh's opinions. what are your objection to the work you have read so far. >> mitch mcconnell counseled the president against cavanaugh. he's anti-roe at a time when 70% of the american people don't want roe versus wade overturned.

and there are 800,000 people in west virginia. and the third -- kennedy: i couldn't get understand for two years because of a preexisting condition. >> the stuff we don't know, that's what's in all the millions of documents that come out of the bush administration. we'll see what happens there. kennedy: is that fair? obviously democrats and his opinions, that's fair game. whatever he has written in his judicial role is the most of enlightening. but it sounds like they will go after some of the memos he may have written to kenneth starr in the independent counsel investigation. >> if they want to do that, it's fair game. i find it interesting. we played the clip at the beginning of the show of schumer and booker saying kavanaugh doesn't believe presidents

should be investigated. he worked for kenneth starr investigating a president. and this secondary claim he believes presidents should get some sort of immunity while in office was tailored to the point that congress ought to bestow that immunity if it were to take place. i think they are grasping at straws. this is a very qualified person. to try to paint him as an extremist won't fly. susan collins with a number of quotes today which seemed like she is predisposed to vote for the guy again. the democrats are going to do their song and dance. whether they can keep their team together will be harder. kennedy: it's interesting watching the hysteria build. really only a year and a half into this president's first term, and he's got two supreme court picks. where do we go from here

politically. >> i think the democrats are using up some of their capital saying this will lead to the death of millions of americans. they cried wolf. they said net neutrality would kill millions. i think at a certain point the democrats made it clear they are predisposed to anyone crumb is going to nominate. kennedy: when gdf shrinks, people die. what about when gdp grows and unemployment shrinks. >> at the end of the boy who cried wolf, the boy gets eaten by a wolf. kennedy: we have much more when we return. president trump is now in europe. and he wants nato to pony up.

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>> president trump take his america first attitude to europe. he has a message. pull out your wallets. he said they he wants them to start carrying their weight when it comes to defense spending. edward lawrence is in washington with more. the president wake up in a few hours. the secretary-general, still talking tough as he arrives in brussels. the president tweeting as he he rrived into brussels saying the european union makes it impossible for our farmers and workers and companies to do business in europe. the u.s. has a $150 billion trade deficit. just doesn't work. the senator bob corker who is the chairman of the senate foreign relations committee. saying it would be disastrous if

the meeting went poorly. >> i wish that there was a separation there and so my concern is we have a bad nato meeting. then some kind of consolation is given to putin and again it just continues to destabilize something that's already fraught with concerns about our partners. >> there is a fear along the leaders that there could be some sort of scene like there was when the president called out the canadian prime minister after the g-7 summit. the president has a clear agenda going in there. it starts with paying their fair share and end with trade. kennedy: obviously these trade issues are bundled up with negotiating on nato. one of the bigest is with china.

>> starting today the united states is leaf yig or going to start the process to levy 10% tariffs on $200 billion of additional china goods. carpet and bicycle parts. officials say the chinese have been non-responsive during the process. the chinese told the u.s. they don't see anything wrong with the way the situation currently is. so these new $200 billion worth of goods being tariffed would not go into effect until after august 30. but it shows the president is serious. the timing could be a message as he gets there for the nato meeting. kennedy: edward, thank you very much. let's get back to the president's trip. should he be more cautious before sitting down with putin? mike baker is back.

baker, we talked about this many times in the past. i don't like russia. i love the russian people and some of the delightful food items they have in that big country. but i do not trust vladimir putin. i think he's trying to screw around with the 2018 and 2020 elections. i don't buy his defense. i think they have had a filthy, disgusting doping campaign systemic for decades. i can't believe they got the olympics and the world cup. the whole thing makes me nauseous. i would like to see the president put the american screws to him. >> i'm with you on that. nobody should trust putin as far as they could throw him. the meddling. russia has been meddling in u.s. interests and concerns, electoral processes for generations. that's absolutely nothing new.

you know, and the problem here is that you have got to separate out all the sort of fake pearl clutching and hysteria that goes around everything that trump does, you put that to the side, let's look at the reality on the ground. let's look at the nato meetings and the sit-down from the u.k. and frankly, the problem again is that there is not a fainting couch big enough to hold all the collapsing technocrats and career diplomats crying about this upcoming summit. kennedy: they need to hold on and sit down for a second. they are more dependent on us than we are on them. does that give us the right to be jerks and start jacking up tariffs? no, i don't believe it does. every administration wants western europe to pony up more for nato it's only fair. yes we have a thriving economy

and the world's largest military. arguably we spend too much on the military. but that doesn't mean that gives everyone who wants protection from the former soviet union a pass in payment. >> the failure of nato members to meet their payment obligations, john kennedy, barack obama, jimmy carter. this has been going on for some time. the difference is we did it in private. the key european leaders understand they need to meet their obligations. kennedy: they are being defensive. >> only 3 countries are meeting their 2% gdp payment. but we are calling them out publicly and that's unseemly according to them. kennedy: the president will meet with the queen and it's going to be like a scene out of naked gun.

i cannot wait. you know what i'm most of looking for? i'm most of looking forward to england winning the world cup. kennedy: i think they will. it was a great game today between belgium and france. croatia is very upset. >> it's dangerous game. but i think england is taking the cup. you are right. the people need to take a breath, step back. the nato alliance is not collapsing. he's not going to gene sit and hug putin and give anything away. calm it down, and let's move forward. it's okay to call them out and say they need to make a payment. kennedy: mike baker thank you so much. peter strzok and lisa page are set to testify on capitol hill this week. president trump is claiming the fbi loved birds are getting cold birdie feet.

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kennedy: it's too bad the two fbi love birds couldn't get joint hearings. they are supposedly testifying a day apart about their problematic texts that show how much they hate the president and how they were hell bent on

stopping him. this will be pete's second time humping his carcass up a hill. last time he was in a closed door session where he can rehearse his grand standing. people will most of likely sprain their faces rolling their eyes at predictable spin and cocky word play which was the band that played at my prom. as we grove tired of their stale, reheated lies, of course these crazy kids could still bail and run away to mexico. their lawyers have collective lists of dumb demands as though we owe them a soft landing. page's lawyer wants to know the scope of the investigation. won't that be great. some government transparency. no, that doesn't happen anymore. now it's competing memos and

more fake injuries and instead page and strzok should be confronted with the same style of questions the special counsel has for the president. how did you feel when you found out donald trump secured the nomination. what was going through your head on election night. did peter make you feel any better when he told you we'll stop them. have we met the deductible on the understand policy? peter strzok and lisa page hold the sky to more than each each other's hearts. and i hope the lawmakers are nimble enough to tilt them in the right direction until they finally spill the beans. how will the testimony actually go down? will they give us the goods or are they going to clam up? that is a big possibility. joining me,' former u.s.

attorney and fox news contributor, andy mccarthy is here. let's talk about this. what are some of the scenarios we could see from his a page and peter strzok testifying in public about the problematic texts? >> i think the big problem is this doesn't seem like a serious way to get at the bottom of what happened. this is basically a congressional grand standing special where you get 30 or 35, hour many members it is of congress, four or five minutes apiece to ask questions, if they bother to ask questions at all. you don't get to develop any kind of a flow or structure questioning that's geared towards getting people -- kennedy: an informational response. it would be nice if some of these lawmakers would coordinate so they didn't overlap and they weren't redundant and they

actually got to the truth at some point. >> i was thinking about the whitewater hearing back in the clinton days. what they did was the two sides reeve takens lawyers like trial lawyer hospital knew what they were doing and the thing looked like it was structured to get to the bottom of it. i think if you are going to have a situation where you can't develop questioning, and they have three fbi lawyers with them who tell them what questions not to answer, at the end they get to put out their part of the story they want to tell, they get to avoid answering the questions they don't want to answer, and nobody can structure questioning, how do we get to the bottom of it? >> i don't think we can. i don't want them to be closed door. i want there to be some accountability. but everyone knows they can play these lawmakers any waive they want. and james comey crafted the template for that. it's a bummer.

>> the proceedings -- you compared it to mueller questioning the president. i don't think mueller should be allowed to question the president until he shows he got something. if mueller questions the president, it will be one of mueller's questions in a room. kennedy: thank you. just when you thought michael avenatti's 15 minutes were up, his client stormy daniels is comparing him to michaelangelo. the artist. "new york times" magazine just released an extensive profile of the fame-hungry lawyer. stormy said quote, every time i watch him work, i think this is what it must have been like to see the sistine chapel being

painted. but instead of paint, michael uses the tears of his enemies. the party panel is back. guy, i will start with you. if you were in a pickle and you need a defense attorney who really went after the opposition with great gusto, would you hire michael avenatti? >> no. every time i watch him work i think this is wait must have been like to see the sistine chapel being painted. wait until you hear what she says about his lawyering. this is a couple allegedly hook up, i think we are seeing. >> potential for the 2020 ticket. i think it's time for kamala and corey and others to start worry being their left flank over here. stormy.

kennedy: michael avenatti actually talks about running for president. democrats have to decide, what kind of a candidate do they want? do they want someone who is the exact opposite of donald trump who can offer an economic vision and a rational, calming voice, or do they want to out trump trump. >> i think it's kind of funny that democrats are supposed to be embarrassed about michael avenatti while republicans are running around with donald trump. kennedy: he's running the country. i didn't vote for him. >> me neither. kennedy: tino how voted for. the biggest political loser. >> more votes, too. kennedy: doesn't matter. >> believe me, i know. kennedy: the electoral college. ever heard of it. look it up. you won't have to pay any

student debt if you go there. >> everyone knows avenatti is not a good lawyer. he basically drove michael cohen's lawyer into retirement. he gets under donald trump's scene. he's still on the scene. we'll see how long it will last. kennedy: who was -- was it michael wolff who wrote fire and fury? he promised his book would be the thing that led to the president's impeachment. most of people go -- even if they don't like him, they are bored by that. >> i don't care with avenatti has to say. what i do care of in terms of a lawyer is mueller. kennedy: do you think avenatti and robert mueller are in any

way working together? >> no. kennedy: it would be kind of hot, though, right? >> no. i never felt more confident in my life about any answer. but thank you for asking. kennedy: this is just weird enough that michael avenatti will be sitting on the supreme court. last word. >> i think people are sick of the whole stormy daniels thing. the more democrats roll her out the more they will turn off. >> i think people are tired. kennedy: thank you so much. good to see you. what a wonderful panel. some democrats say elizabeth warren might be their best shot. but threatening to abolish ice the best way to win back the rust belt? and the safey for "most parallel parallel parking job" goes to...

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struggle to connect with blue collar voters. there is also the small matter of calling for the aboicialment of i.c.e., an extremist take that doesn't poll well outside of the bubbles of massachusetts, and los angeles. will democrats nominate elizabeth warren? joining me, jason chaffetz. is liz warren the best democrats have? >> i think she probably is the best they have. as a republican that's good news. i think the democratic party lacks leadership and they lack a message. other than that, i think they are doing a fabulous job. >> it' interesting because she kind of was bernie before bernie was bernie. and bernie was on the steps of the supreme court last night

shaking his fist at the heavens for th -- for the smiting of the world for the president appointing judge kavanaugh. i think bernie has more magic left in that genie bottle. >> for a guy who served in washington, d.c. for three decade, it's amazing the mass appeal he has, particularly with the younger generation. i think they are infact waited with him because he's so radically left. he's the vision and face of social i., and so many of our younger generation hasn't been exposed to that. it smells good and looks good but in reality it leads to chaos and destruction and a nation we don't want to live in. so he gets that fringe element. elizabeth warren tries to tap into that given her native american history. she tries to show outside

harvard she has some appeal. but she raises big money from democratic donors, but try to talk to a group of blue collar workers and it doesn't work. kennedy: hillary clinton outspent president trump 2-1 at least, and she still couldn't get traction in those critical states. and she arguably had slightly more of a blue collar message. what are democrats doing? are they just trying on different hats to see if something fits? they are being very fickle with their potential picks. >> i have just never seen success for a political party that fights harder for people trying to come here illegally than they are for the american citizens. and i don't see how a party thrives by trying to abolish i.c.e. take out law enforcement with

tens of thousands of people and do a difficult job. i don't think that's a winning message. kennedy: in a good economy they have to do more than that. jason chaffetz, thank you so much. much. "topical storm" is still nervous about finding a new apartment? yeah... but popping these things really helps me...relax. please don't, i'm saving those for later. at least you don't have to worry about renters insurance. just go to geico.com. geico helps with renters insurance? good to know. been doing it for years. that's really good to know. i'll check 'em out. get to know geico. and see how easy homeowners and renters insurance can be. you shouldn't be rushed into booking a hotel.

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kennedy: what a miraculous day. all 12 boys on that thai soccer team have been safely rescued from that cave where they were trapped. somewhere a studio is work on a sequel. get your popcorn ready. this is the "topical storm." topic number one. we begin tonight in an apple store in fresno, california where the summer prices are a real steal. these two men ran in and took $27,000 worth of apple merchandise. a customer tried stopping them but he got knocked down faster than a man playing red rover. police arrived just sicks after they fled. but apple employees refused to assist them because they didn't have an appointment. topic number two.

go, sydney, australia. the city there may have a fabulous train system, but widership is falling fast. this guy falls face first like's hillary clinton on a flight of stairs. what happened. a fellow rider pulled him to safety seconds before the train could hit him. most of people were rather film the collision on their phone. they are speculating he fell down because he drank too many fosters. topic number 3. let's head out to vegas where a michael jackson impersonator is wrestling with his future. we don't know his fame but he's not trying to heal the world.

he'll fight anyone. it doesn't matter if you are black or white. now that we are done beating that dead horse i can tell you the king of pop went on to win his match against a man work as a drake impersonator. stay in school, kid. topic number four. hi, joe jackson. when you hit a home run you are supposed to act like you have been there before. but this next fella hasn't been there before. no, he's not on the new york mets. he's a t-ball player which is kind of the same. this little boy is impersonating edwin caed. the good news is the kids won their game. the coach was so proud he tweeted them all free i. pads. they had to steal enough for the

losing team because these days ebb gets a trophy and matchbook. sacramento police busted. it was so long he claimed kamala harris could win the presidency. he would have died of alcohol poisoning if he had had that's. robert quigley. he was reportedly driving when he crashed his car and it burst into flames. he escaped the vehicle only to return moments later and light a cigarette off the fire. don't judge him because he on smoked when he drinks. he has since lost his license. but luckily he can still take the train. hoyle arhillary is looking at ty saying he has such good balance. hillary.

guess what we have. more show is coming up right here. to your bumper, cause.... i don't think enough people heard about your big day. but nothing says "we got married" like a 12 ounce piece of scrap metal. yo! we got married! honk if you like joint assets. now you're so busy soaking up all this attention, you don't see the car in front of you. and if i can crash your "perfect day", imagine what i can do to the rest of 'em. so get allstate, and be better protected from mayhem. like me. i just want to find a used car without getting ripped off. you could start your search at the all-new carfax.com that might help. show me the carfax. now the car you want and the history you need are easy to find. show me used trucks with one owner. pretty cool. [laughs] ah... ahem... show me the carfax. start your used car search and get free carfax reports

at the all-new carfax.com. that's the same things i want to do with you. it's an emotional thing to watch your child grow up and especially get behind the wheel. i want to keep you know, stacking up the memories and the miles and the years. he's gonna get mine -but i'm gonna get a new one. -oh yeah when it's time for your old chevy truck to become their new chevy truck, there's truck month. get 18% of msrp cash back on all silverado 1500 crew cab lt pickups when you finance with gm financial. that's $9,000 on this silverado.

plus, during truck month make no monthly payments for 90 days. if yor crohn's symptoms are holding you back, and your current treatment hasn't worked well enough, it may be time for a change. ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn's. entyvio works at the site of inflammation in the gi tract and is clinically proven to help many patients achieve both symptom relief and remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. pml, a rare, serious, potentially fatal brain infection caused by a virus may be possible. this condition has not been reported with entyvio. tell your doctor if you have an infection, experience frequent infections or have flu-like symptoms or sores. liver problems can occur with entyvio. if your uc or crohn's treatment isn't working for you, ask your gastroenterologist about entyvio.

entyvio. relief and remission within reach. i have to tell you something incredible. capital one has partnered with hotels.com to give venture cardholders 10 miles on every dollar they spend at thousands of hotels. all you have to do is pay with this at hotels.com/venture. 10 miles per dollar? that is incredible. brrrrr! i have the chills. because you're so excited? because ice... is cold. and because of all those miles. obviously. what's in your wallet? kennedy: thank you so many for watching the very best hour of your day. you know you can follow plea on twitter and instagram. facebook, lots of clips, kennedyfbn and email kennedyfbn@foxbusiness.com. just two days until your hate mail. too many on the show, more

scotus reaction. tim carney has a new book. have a wonderful, safe and - [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.