violates the law. thanks for joining us tonight. and this is where i say good night from new york. kennedy: will judge kavanaugh's accuser testify? that's the million dollar question on capitol hill. both side dig in for a monster battle over the supreme court nominee. judge kavanaugh is fighting allegations he sexually assaulted a woman. he says it never happened. she says she thought she was going to be raped. each is invited to testify before the senate committee. but according the senate, she has not replied.

>> it's disturbing to think about the way in which this developed right at the end it's pretty obvious this is about delaying the process. >> we cannot continue the victimization and smearing of someone like dr. ford. and you know what? she is under no obligation to participate. >> we wouldn't find ourselves northbound would dr. ford find herself in this situation if senator feinstein hadn't sat on this letter she has had since july. >> i think the nomination should be withdrawn. he has raised serious doubts about his credibility. kennedy: president trump weighing in saying he feels quote terrible for kavanaugh and slammed democrats for standing in his way. president trump: you don't wait until the hearing is open then bring it up. when senator feinstein sat with judge kavanaugh for a long

period of time. she had this letter. why didn't she bring it up? why didn't she bring it up then? because they obstruct and because they resist. that's the name of their campaign against me. their lousy on policy and in many ways they are lousy politicians. but they are very good on obstruction. we should go through a process. there shouldn't even be a little doubt. kennedy: what happens next. chris stirewalt is here next up. edward? >> i can tell you judge brett kavanaugh said he's eager to testify under oath about the allegations he sexually assaulted a university professor when they were in high school. monday was the date set aside for you the hearing. the committee gave or heard the option of an open-door hearing or closed door hearing. so far the republicans say the president not talking about withdrawing kavanaugh's name.

>> i feel so badly for him that he's going through this to be honest with you. this is not a man that deserves this. this should have been brought to the fore. it should have been brought up long ago. that's what you have hearings for. reporter: judiciary committee chairman chuck grassley says he has not heard back from ford yet. he questioned the timing of the allegations. he said senator feinstein should have told the committee when she received the letter back in july. >> i knew she did not want to go public. that's why i didn't make the letter public because i couldn't be assured of what would happen. unfortunately that was taken out of my control. reporter: because of it, democrats want to bring more witnesses to testify and reopen kavanaugh's background check. >> there needs to be a delay in

the can fir nation vote and there needs to be a full, fair fbi investigation. reporter: republicans saying they want to hear from the accuser and kavanaugh. some republicans on the committee say putting them both under oath would be enough to decide. kennedy: with any issue this explosive, there is much more that meets the eye. could democrats be stalling the nomination? polls show democrats might now have a shot. and if they gum up this confirmation long enough and win, they will have all the card if that strategy sounds familiar. it's what mitch mcconnell pulled off with merrick garland two years ago, minus the sexual assault allegations. is it that or perhaps something else. what is really going on here? there is only one man to read

the crystal ball and that's chris stirewalt. also the author of "every man a king." do you think this could be a carefully crafted revenge strategy by democrats following the republican playbook in the hopes they will win back the senate? >> it does haven't to be careful crafting. it can be opportunism and seeing things fall into place this way and taking advantage of it. we have known all along democrats wanted to delight hearing until after the election. but i don't think that's such a good idea. the best thing for democrats is that kavanaugh gets confirmed. their hope that they could get a more moderate justice.

i understand from an ideological point of view. but from a political point of view, the best thing is to get this done with he two things can happen. democrats who represent red states where brett kavanaugh's nomination is moretop popular than the republican challenger, you have a popular supreme court nominee within it would be great for heidi heitkamp to be able to vote for brett kavanaugh and say i'm a centrist, too. if you hold the seat open or defeat the kavanaugh nomination you defeat that possibility and you give republicans the chance to say this is a referendum on that seat. kennedy: their argument is this is why we need the upper hand in the upper chamber.

if this is a political play. they have to be careful about ruining someone's life. that's what could be happening here. what if she is wrong. what if it's the wrong guy? >> or, what if -- what about the way she has been treated in this and what about all of it? whatever feinstein meant to do, the net effect as not been good for this woman. it's not what this woman wanted or in any way serves her interest as an individual. she is facing a tough choice now. the tough choice for miss ford is brett kavanaugh, if she doesn't testify, brett kavanaugh is likely to get confirmed. if she won't come make her case, i don't think lisa murkowski, democrats are targeting lisa murkowski and susan collins. if professor ford doesn't show

up and testify, i think it will be hard to get them to switch sides and vote against kavanaugh. kennedy: what if kavanaugh does testify and emphatically denies all of this stuff, and does so with a convincing emotional plea? >> it would be even better for him if he did so to say, look, i was active in whatever -- i was active in the junior kiwanians and we were away that year. i wasn't hanging out at parties like that and i don't know this woman. if he can offer some narrative that describes him as a different person, if she is not there to rebut it. his service on the d.c. appellate court may be over if one person steps forward and says i saw him at that party and he was there with this woman.

if that happens he is toast. because he's taken a total position is i wasn't there, i don't know this woman, not me. kennedy: the on person who can corroborate it is judge. and if more accusers come forward, that's the death knell. if someone else can opinion him at that party, that's problematic for his categorical denial. but so far it's yet another interesting and turbulent day. i'll be curious to see how this ends. but i have a feeling it won't bring the two sides together no matter what happens. of course, if any of this sowngs familiar it's because we heard this tune before. 27 years ago anita hill testified against supreme court

nominee clarence thomas, saying he harassed her at the equal opportunity commission. hill wrote, quote, do not rush these hearings. doing so would is mall that sexual assault allegations are not important. and hastily approaching the situation would very likely lead to facts being overlooked that are necessary for the senate. marie harf and charles hurt. we also have "reason" magazine editor and host of the fifth column bod cast, matt welch. chris brings up a good point. if i were dr. ford, i think that i would be filled with anxiety and range right now because, you know, if she in fact reached out

to a democratic lawmaker saying this information has to be known. i don't want to be attached to it, and the entire world is focused on her pulling facts of her life apart. i'm not surprised she is not responding. >> this is a difficult situation for everyone involved. all she has to do is looking at the anita hill hearing. i think they could do a closed door hearing and have people other than senators do the questioning and release a transcript. but she is not a public figure. this is very partisan and politicized. kennedy: i don't buy dianne feinstein's excuse that she is somehow protecting this person. that doesn't hold water. >> the person asked for

anonymity. i don't think feinstein leaked it. this woman deserves to be heard and the senators should be considering both when they decide whether to work for him. >> i think republicans are the hill are working hard to be respectful and give everything although i think you are probably on to a pretty good idea about having the closed meetings. cameras turn these lawmakers into such whores. they become their spartacus moment. but one of the things that is most of troubling to me is obviously the way to defend himself is to say i wasn't there. but we have two problems. she isn't able to according to what we know so far, isn't able to say when it happened or where it happened. kennedy: and she is not certain of the year it happened. according to the statement i

read. she can't opinion that down. i was think going some of the parties i went to in high school. was that the summer before my senior year? was i in the middle of my junior year? >> i don't think any prosecutor would press charges against somebody if they didn't have the answer to those two questions. just from the beginning we are putting kavanaugh who has an impeccable reputation otherwise in a really hard situation in terms of defending himself. >> what does your gut tell you? >> the next week is going to be horrible. what can we possibly learn from all this. assuming they both testify it will be how people are he moaght or transmitting things. the only information that can help us here as to earlier, can someone else, there is another set of eyeballs that can put

brett kavanaugh and mark judge in that room. kennedy: if she said this was in july of 1982, i'm sure of it, he could say those four weekends i was with my family camming in cn the ozarks. >> this is the problem when you have a single source allegation not connected to a a term of behavior. kennedy: with someone like roy moore, we saw accuse kerr after accuser come out. -- we saw accuser after accuser. the same with ool franken. >> there was no pattern here, and that puts an awful lot of pressure on her. that goes to the unfairness of diane with feinstein. they could have done this in july behind closed doors. he said why didn't we talk about this during the 1,300 submitted questions to kavanaugh. kennedy: it made it worse for dr. ford who has come forward in

all this. who knows if anyone will accept one version of the truth in this story. the panel will return later on. that's absolutely true. first up, president trump ordered key fisa documents related to the russia probe declassified. will they confirm bias against conservatives? congressman matt gaetz and i talking transparency and witch hunt after the break. you're headed down the highway when the guy in front slams on his brakes out of nowhere. you do, too, but not in time. hey, no big deal. you've got a good record and liberty mutual won't hold a grudge by raising your rates over one mistake. you hear that, karen? liberty mutual doesn't hold grudges...

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kennedy: president trump issued a sweeping order to declassify document related to the fisa russia probe. president trump: i want total trants parent i. -- total transparency. the republicans are seeing it. the democrats not's a rich hunt too. it's hurt our country. kennedy: intelligence agencies are scrambling to prep files for release of the fisa application to spy on carter page. we can also expect to see

unredacted text messages from james comey, andrew mccabe and peter strzok and lisa page. reaction is along party lines. republicans sharing the push for transparency and the democrats calling it an abows of power. it's a standingled web. joining us, matt gaetz. welcome back, congressman. >> you were one of the people who was critical who voted to reauthorize these secret courts in the absence of sufficient curiosity. but people like justin amash and thomas massie who were ringing the warning bell saying we needed to look into what was going on in these courts. frankly i think that criticism was fair. looking back on that vote we could have done a lot more. now we have an unprecedented opportunity to see what happens behind closed doors where you

have prosecutors seeking authority to spy on people. kennedy: a lot of people claim so much information is overclassified, people on both sides and various elements of government. but i think you can make the claim a lot of stuff is overredacted. so do you buy into the argument it puts national security at risk to see some of these unredacted text conversations? >> if they were texting about things regarding national security on open source phones, they would have put the country at risk. certainly not us. here is the problem we have. when we have gone through the redactions the department of justice and fbi made in the past. we found circumstances that the reacted information had nothing to do with national security. it was embarrassing to them. they redacted the fact that andrew mccabe spent $60,000 on

a conference room table. again it didn't have to do with national security but it was a personal relationship they didn't want to disclose between the ohrs. we have a responsibility to check up on this. the president said we'll put all the card object the table. the american people deserve to know the truth. at the end of the day that's better for this process well beyond the trump presidency because we are able to ask the broader question about what spying authorities we want the government to have. kennedy: and what sort of oversight these fisa judges provide. and what really happened within the court. there is a way of getting to know the mechanisms without making the world less safe. because one know, it's places

like north korea and burma that have really okay governments where citizens are not allowed to ask questions and challenge. how could this change the process of applying for the fisa warrant in the future? >> that depend on the reforms that will emerge based on the nature of the abuses. kennedy: are you willing to sponsor legislation that reforms the process? >> already have. i wanted to do it in a bipartisan way. adam schiff filed a bill when obama was president for more transparency. for disclosed decisions and for the executive to make the appointments rather than the chief justice of the supreme court so we could have a smooth confirmation process.

i filed adam schiff's bill, i didn't change a comma or paragraph. now he won't sponsor his own legislation. it go to the heart of the country we want to have. kennedy: look at you. congressman matt gaetz. thanks for stopping by. keep us posted on the landscape as we tart to read some of these once classified rededucts. democrat you can socialists are on the rise in america. but venezuela remind us of what real socialism looks liquor day. we'll explain why the socialist utopia of sweden is a myth, and he's from speeden. that's next.

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from capital one.nd i switched to the spark cash card i earn unlimited 2% cash back on everything i buy. and last year, i earned $36,000 in cash back. which i used to offer health insurance to my employees. what's in your wallet? kennedy: democratic socialists have been chipping away at freedoms. as they push a system that's riddled with failure. capitalism is cruel and unfair. once you squeeze the last drop from its million dollar teeth, you have to abandon the principles that made you be liked by people less blessed. say good-bye to democratic

monopolies says jim carrey. healthcare and college are too expensive, but no matter how many mull gans she has been given to give an answer, she can't explain how to pay for it. it's like a bunch of ugly people protesting fashion week. it's pathetic and most of people just want to gawk at the models. they can't afford college and obamacare screwed up healthcare so badly the chaos has created a breeding ground for fiction. in swrens *, 20% of -- in venezuela, 20% of doctors left the country because it's sinking

under the weight of its own government. doctors, nurses and engineers have left the pure pasture of that socialist theme park and atlas has shrugged. these door knocking do-gooders claim to have all the answers to manufactured and jeff blown problems. what happens when the bill comes and the wealthy among us have pled and b they have all the guns and decides to turn them on whoever fails their hyper pure test. in venezuela, those who stay die in one of three ways, malnutrition, lack of said season. , i would rather live with free speech instead of dying in a cesspool of government by the government and for the government. bernie and his sccolites often

point to sweden. it's now one of the richest countries in the world. a new documentary examines just that. >> in the 1990s, the economy was in turmoil and reached a breaking point. sweden decisively changed course. reforms were voted in. the wage earner fund was voted in and taxes reduced. the pension system, healthcare and education were reformed and the utilities deregulated. kennedy: that doesn't fit into the myth. so what lessons can american learn from sweden. if bernie sanders and alexandria ocasio-cortez were really going to implement swedish-style

reforms to make this country better, what would they look like? >> i think they would be quite surprised. the u.s. would have to be more free trade oriented. deregulate more product markets and reform pension system and low corporate tax, no taxes on property, wealth and inheritance and a national school voucher system so private schools got the same funding as public ones. kennedy: you never hear about the reality of sweden's free market reforms. as you point out, in the 50s taxes were low and sweden was rich. in the 70s and 80s, that's when the big socialism push came. is bernie sanders nuk that time warp? >> his image of sweden is stuck in 1975. we doubled public spend and

regulated basically everything with higher taxes. but that's when we saw serious economic problems. that's the era socialists in sweden tried to get away from. what we did in the 70s and 80s was absurd, unsustainable and the tax system was perverse. kennedy: that perception has really stuck and people talk about sweden without really know any of the facts or where the country is now, or that we have different economies and cultures. i think bill maher was right, the defense department is a socialistic program and that's something places like sweden don't have to contend with. real socialism is vastly different than people who wants forgiveness on their student loan debt. what is the government's role in a purely specialistic country?

>> socialism is having the government owning the means of production. sweden never did that not even during the crazy years. then you would have to go to venezuela and cuba. eating zoo animals because there is no food. sweden -- the socialists in speeden tried on the consumption side. they increased taxes but they never socialized business. they knew that all the wealth that we need has to be created by private business in a free market and trade environment. so they gave them privileges and lower taxes because they knew hugh important they were for the economy. kennedy: the things they complain about most of are things that have not been subjected to a free market like healthcare and education. they are still have much centrally run and there is not enough competition which is why

they remain unnaturally high and expensive. j, han norberg. i hope everyone watches your documentary. it will air nationwide october 29. former secretary of state john kerry who is accused of conducting shadow diplomacy, now senator marco rubio wants john kerry investigated. senator rubio wrote the american people deserve to know that u.s. laws are enforced regardless of any individual's fast position. the department of justice should make a determination on whether former secretary of state john kerry, recent actions with iran potentially violated the logan act with a foreign agent restriction act.

logan act bars private diplomacy against foreign interests and it requires disclosures by anyone acting on behalf of the government. charlie hurt i'll go to you first. >> we started hear being the logan act when we had the transsphrition the obama administration to the trump administration. the democrats were anying, my goodness -- nobody has been charged with the logan act in 200 years. but they are mum about it now. but i can't wait to hear what you have to say about it. it is an appalling thing what he's doing. it's not like the iran deal was some sort of off -- one-off thing. it was a major plank in a presidential election that

helped get donald trump elected. for john kerry to sort of -- maybe not as furtively as many people have said. but to be trying to make some sort of negotiations -- kennedy: it looks like john kerry is going over there. he has not denied the statements he made to that government. he said sit still for a couple more years. we will be back in action and don't worry about a thing. he has not denied that. and i don't think's work in concert with iran to bring down the united states. i think he's working to bolster the legacy of john kerry. >> what he has been doing said so publicly is encouraging the iranians to comply with the deal. kennedy: don't we have a secretary of state. too john kerry briefed the state department on these meetings. it was only when donald trump

started publicly talking about this that the state department reacted negatively. every former secretary of state has these conversations starting with kissinger through john kerry. he's not going against u.s. policy. kennedy: we have a secretary of state. kennedy: if condoleezza rice was doing the same thing the obama administration would have a kitten. >> kissenger and his associates -- they don't register. they don't disclose their donors and networks. kennedy: i know you can go to conferences and talk to people. i don't have a problem with that. but there is an administration. >> and private citizens get to do their private citizen stuff,

too. john mccain flew all our the world when he was sick and did an american allies reasthiewrns tour that in its own way was like hey, i know it seems weird over there, but it will be okay. kennedy: i think it operative term is "ally." i don't consider iran our ally. i think they would love to see the demise of the united states. >> i think they said exactly that. kennedy: a self-appointed diplomat stirring up a pond that's already scummy enough? not necessary. thank you so much. very goods. coming up, which anti-liberty government official is pushing for free speech on college

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kennedy: multiple reports are saying that brett kavanaugh's accuser will not testify before

the senate without fbi investigation. accusations threatening to derail brett kavanaugh's confirmation to the supreme court. free speech on college campuses under attack and the trump administration is going to do something about it. attorney general jeff sessions and education secretary betsy devos says something has to be done. why are we seeing these disturbing trends on campus and what else the solution. the president of the foundation for individual rights and education. how good intentions and bad ideas are setting up a generation for failure. welcome back. let's talk about this. i become worried when the attorney general and education secretary say they are going to

handle a free speech crisis on campus. >> as a civil liberties guy i'm always worried about investigation from the top. the good news is partially due to 70-plus successful lawsuits. there are fury deck plus speech codes on public campuses than there were in 2011. we went from 75% of them having red lights to 30%. we are wing on that front, and that's good news. the week i wrote is about why suddenly seemingly overnight the students who used to be the best constituency for free speech have turned on free speech around 2013, 2014. kennedy: why is that? i heard an author matthew hennesey talk about the fear of criticism. critique equals demonization.

>> we talk about this as call-out culture. what we found in the book is the 2013-2014 start date wasn't co-incidental. the generation we are talking about is, they are not millennials. they are born after 1995 and they have different characteristics. and one of them is, there are more conservatives among them but it's at the expense of there being fewer moderates. also their attitudes on free speech are troubling. kennedy: what does that have to do with technology? it seems as though there is an he question essence that privacy is no longer valuable it was almost as though there was something coupled about free speech and privacy that's now -- >> a lot of the bikes a social

science detective story trying to figure out why anxiety and depression went up at the same time. we predicted it would in 2015 and it was way worse than we thought. one of the culprits is this is the first generation that grew up with social media. if you think about it, having the worst aspects of junior high school 24 hours a day for the rest of your life could sour you on free speech. kennedy: you and jonathon are incredible writers and you do the research. thanks so being here. very good. "topical storm" is next. stay right here. fact is, every insurance company hopes you drive safely.

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kennedy: director glenn white stole the show by proposing to his girlfriend on stage. when he got down on one knee, many in the audience assumed "the national anthem" was about to begin. we begin in nashville, north

carolina where a lovely couple is going window shopping. as if it hasn't been hard enough in north carolina. this pair broke into a minivan look for food. they started to go full microsoft and start crashing windows. but it believed he may have seen a fish on the dashboard. the owners seemed to be in a good mood despite the setback. when you are driving a minivan you already had your dreams shattered so a window is nothing. ashys is giving a -- arby's is giving away a free tattoo much people who eat there every day. it's a phone number to call your

doctor if you are having a heart attack. first there was sons of anarchy, now there is buns of an oy. i'm not - -- now there are bunsf anarchy. if you are interest neand arby's tattoo, no judgments here. and you could always go to chipotle and get the free cramps and lose 5 pounds. topic number 3. lit's head over to the bar one gambling parlor where you can't beat the odds but you can beat the robbers. these einsteins tried to rob a sports book to find out the hard way the house always wins. nobody in ireland is afraid of getting hammered. they are tough people. an 83-year-old man fearlessly

fights them off, and he's not letting anyone get paid until he gets the gold bars he was promised from that nigerian prince. nobody was struggling to make a catch more than kate on the detroit lions. i have seen better hands on a clock. topic number 4. and sea food restaurant in maine is getting lobster stoned. the lobsters now o.d. on chex party mix. it was the brain child of charlotte's lobster pound. the lobster meat is not infused with marijuana. don't expect a contact high at dinner unless you somehow wind

up sitting next to matthew mcconaughey. they have skunks in new york city? topic number 5. and ha -- a new hampshire dad is wanted by the police for letting his doubtered cruel inside a toy machine. we can tell you the man didn't get much of anything because for some prone once the daughter got inside the machine. every time she picked up, it mysteriously fell out of her hand right before she dropped it in the opening. police believe he couldn't have gotten far because his vehicle was burglarized while was in the arcade. this guy has no luck with claws. bear claws.

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