bipartisan support. looks like this one will be a win for the white house. i'll see you tomorrow night, 8 p.m., kennedy begins now. kennedy: thank you, james comey is a quote self admit liar and leaker and no business lecturing us about his values. today sarah sanders put former fbi direc or director on blast. it clear comey road in on his lame high horse, spent much of the day patting himself on the back. he refused to answer a northbounnumber ofquestions andd robert mueller, who gowdy asked

-- was working with russia to influence the election. i can't answer that, comey replied. higit falls for special count sl investigation. yeah. comey claimed he did not entrap michael flynn, he said they knew he was lying whole time. flynn was supposed to be sentenced for that crime today, but that of postponed. until march. now judge will no longer guarantee flynn will stay out of jail. catherincat herridge with story. reporter: federal judge sullivan pressed flynn and his lawyers on whether he wanted to withdraw

his guilty plea orin challenge circumstances surrounding the fbi interview on january. a critical moment, flynn told court he knew what fbi asked him about russia ambassador. and 2016 conversation about sanctions this lies will be criminal and punishable. the judge responding, you lived to senior officials in the incoming administration. high asked, are you continuing to accept responsibility for his fault states. the judge -- for making false statement in the west wing. you sold out your country the judge added. sullivan questioned the basis of the case, asking whether the phone call with russian

ambassador was criminal. after a long pause, it might be a violation of the logan act. and the judge seemed to laugh. president trump tweeted good luck to flynn before the sentencing. >> he was ambushed, that fbi we know had clear political bias. we've seen it time again. reporter: legal expert say, the 3 mop delay may help all sides. >> there was a pause. judge wanted to be sure that he was pleading guilty because he was the in fact guilty. reporter: telling court, at no point were his questions men to suggestion that plai that -- fln committed treason. kennedy: no way to tell when mueller will wrap up the

investigation. that is not stopping democrats from launching as membership 85 investigations. to trouble trudge. -- trump administration, oversight committee chair cummings said he will get ball rolling the minute that democrats takeover the house on january three. what happened to promise to legislate, instead of investigate? ned ryan is joining me, and fox news political analyst jehmu green. >> hello. jehmu with you, are house democrats going to legislate or investigate? >> they will to do both, it is possible to walk and chew gum at same time. kennedy: you can't use that phrase, that phrase is banned from this show, that is a talking point.

>> all right, oversight is an essential party of our democracy, it keeps it healthy, i want to read a quote to you, for future of our republic, future of the rule of law, there has have be consequences or we'll see more of the same behavior in future from public servants that will make the rule of law a farce. that was writ written by my colleague, who was about to speak her ned, he was talking about hillary clinton. same has to be presented with donald trump, criminality that is askin as oozing from his por, this is constitutional responsibility of congress whether you are a republican or democrat. kennedy: especially if you are a democrat and there is a republican president, ned.

>> this is is amazing you throw out charges of criminality, when, we have two years into this bogus russian collusion investigation. we're talking about you know lying to a federal agent, and potentially punishing people for not following -- by the way, if that is new standard of guilt there are hundreds in washington d.c. that are guilty that supposely michael flynn's associates are guilty of. if for a hot second you thought democrats would legislate, i literally have ocean-front property to sell new kansas, it never going to happen. kennedy: i don't -- if they were really going to spend time doing as much legislation as investigation, we would hear a laundry list of great ideas from house democratic leadership. we're not. >> they put the list out.

>> >> -- medicare for all? kennedy: that not a solution. >> okay. >> right. >> here is what democrats are talking about with legislation. attack that this administration and now that we're seeing from courts have done to obamacare, that people are terrified. kennedy: obamacare is awful. >> going to a place where preexisting conditions. kennedy: both parties have said they will protect those preexisting conditions. >> they will legislate on infrastructure. democrat are also going -- >> another boondoggle like obama. kennedy: okay, you -- here is what i want to know, hold on, hold on. i want to address this with ned. my worry is if democrats get their hands on infrastructure it will be very expensive, it will

be top down, an bureaucratic, te a long time, and not deliver on a millimeter of promises it will make. >> no, my concern, we need a infrastructure bill, i wish that trump would have come out of gates in january 2016 and done it my concern is it be be boondoggled. i want to address the idea of oversight, accountability, that is all about policy differences, this about them stick together to trump, about them actually say insan josing--saying to thee going down this path as far as we can, we will impose and resist, we have no intention. kennedy: i agree. >> -- they don't want to give him a victory. kennedy: true, and jehmu, this

feels like democrats want to do as much damage as possible to the president, consequences be damned. >> absolutely. kennedy: if there are unintended negative consequences, democrats don't care as long as they do damage to the president. >> he is everything day shouting from the mountain top, his contempt for rule of law. kennedy: what has he didn't that you like be one thing that he has done that you like. >> tonight we're seeing senate pass a criminal justice reform package, that will be important. it is being -- >> i have more on that, i have more on that coming up. i'm glad that you -- this is -- essential. >> essential. kennedy: i don't have a problem with that, there is too much power concentrated in the executive branch. and you know this heavy handed high mindedness it rings hollow.

let's go to other issue that is battle overboarder wall funding, last week, president trump claimed he would be happy to shut down the congress if they did not fun the wall. >> he would take -- we have another ways that we can get to the 5 billion, we will work with. congress, at the end of the day, we don't want to shut down the government, we want to shut down the bored snee border. kennedy: mcconnell met with schumer and proposed a approaching a bill that includes some money for border fencing and one democratic aide described a billion dollar slush fund that president can use. my god, democrats rejected his proposal but mcconnell remains confident that government will not shut down, can president

keekeep the government open andt the border closed. >> i think he shuts them both down, by powers inves veffed ven him. it is not in best interest to have an open border broken immigration system, can shut down the border as long as he deems necessary. in regards to shutting government until he gets his wall, 100 percent. this is a massive issue that american people refuse to actually same, and say we have a huge problem, our political leadership refuses to accept it illegal immigration, if we continue down this path we have 63% -- >> i think i just lost ned. the ned bot, we have an orange screen. he died down like a video game, jehmu you are still there. >> karma. kennedy: let's solve immigration a little bit. because, i know that -- democrat

voted for border security in 2 noin2006, to tune of billions of dollars, lord knows where that money went. the bureaucracy is creates are over wrought and inhuman and unfair. you can't have an open entitlement statement and open the doors. let everyone in who wants free school and health care. >> the thing, there is a solution. there is comprehensive immigration reform, has support in house, tremendous support in the senate, and -- >> a different time, we're here now, let's not talk about that. i understand -- i know that. but where do you go now, is there a way of working --

democrats working with the president? maybe not comprehensive, maybe you have to go piece by piece. maybe you start with immigration, and you finish with some kind of a comprehensive border security package. doing it at once is unrealisti. >> it is also important not to just for democrat to work with president, but president to work with democrats, and that will be new reality of this congress. look, he saw the walls closing in on him on this issue, he said very proudly, shutting down government is something he wanted to do for the wall. kennedy: you say that walls work, that is what you are saying jehmu, walls work. >> no. kennedy: yes. >> american people, very much did not want government to shut down, i am shocked by what ned said before he was the cut off. thousands of federal employees should lose their jobs.

days before christmas. kennedy: there are millions of jobs open right now. i agree with you, democrats will emotionally exploit this issue, i agree we have way too much government. would not do anything any harm, except people that rely on the paycheck, federal government is so big and bloated there are too many people relying on it. we have to hone in on that and change for the better and long run, jehmu green, and ned bot wherever you are, thank you very much. >> you're welcome. kennedy: president, and republican say time to replace obamacare is now, after a. trish: ruled that, that health care law is unconstitutional. can this drag on to next presidential elected. >> a big win for president,

details and reacted with tonight's panel, next. ♪ there's no place like home ♪

argh! i'm trying... ♪ yippiekiyay. ♪ mom. ♪

kennedy: breaking news, looks like a sweeping victory for criminal justice reform, finally, senate just passed first setback 87-12, the package backed by president trump, pushed by his son-in-law, jared kushner. increasing good time credits and encourages participation in rehabilitation programs. -- among other things, still has to go to house, and be signed before by president before it law. was it a good first start? or step.

asking the panel, town hall.com. fox news contributor. guy benson. she is independent women's board member, nan hayworth. and washington commentary editor kim carney in new york -- tim carney in new york city. >> i love being here. kennedy: great time of year. >> so much people surrounding the studio, that is terrifying and exhilarating. it did not seem like this is directed this administration was going in whether the president took oath of office in january of 2017. with jeff sessions being very heavy handed with criminal justice. his son-in-law, seeming to hold minority opinion, how did it shift. >> and his daughter. i think jared and ivanka were important on this issue, i think that president over course of last year, met with a number of people who made very personal

appeals on this front on behalf of their relatives. i believe kanye west, and his wife kim kardashian brought a few to his attention, sometimes the personal stories president can be moved. this is a good piece of legislation, maybe some amendment that were defeated should have passed, but as a whole thissa good, 87-12, i had steve scalise today on radio show, i said if this passes, do you anticipate easy passage back to the house, he said yeah, it passed with over 350 votes last time, i lot think it was strengthened in u.s. senate, it will en up on president's desk, a bipartisan victory, if president wants to make a case to moderate independent voters he can be a president that gov everyones on behalf of all americans this is a concrete

victory. kennedy: a template for immigration, and human beings with evolve, you can appeal to better side of human nature. some of us have been saying, what the hell are we doing, we're not making society better. of course we want to punish bad people who hurt others and assault women and children have no place in a functioning society. and taking people who are low level offenders or guilty of consensual crimes and locking them in cages there smog wrong g wrong. >> absolutely. the support for this bill of the broad, it wasello 87. -- eloquent. dr. king's daughter wrote a moving support for the bill. it is a fact that communities of color and communities that have

been economic disadvantages in general have been also at a disadvantage in criminal justice system this bill helps to provide them. kennedy: that is not just irk emotioemotionalism and hyperbol. >> this is a bill -- our federal criminal justice system, in particular the prison system it broken. the prison breeds sort of anti-social behavior and rewards it, our government made them less able to fun function in society. this will do small steps to minimize that, it will take something bigger than this to fix criminal justice system. this is also, no longer.

>> it also, i think good to have a conversation about what do we mean, whether we -- when we say bad guys, it has changed overtime, there are people locked up who want to be good, they want to learn. >> that incentivizes this. and a lot of people who oppose this say you have certain criminals who committed serious crimes who are now eligible for shortened septembe sentences. >> always discreationary. >> 12 votes no, they were all republicans, i like those guys. but shout out mike lee, a huge champion of this bill for 4 years. >> former federal prosecutor. >> a good point. kennedy: supreme court short

list. texas judge struck down the affordable care act friday, and many republicans were quick to o applaud the ruling it could come back to haunt them, it could come back to supreme court, they, issue a ruling in 2019, that means likely becoming a 2020 campaign issue. democrat made healthcare a central part of their midterm messaging they rode that. can they use it to take back white house. >> i was elected in 2010 as part of big republican wave. first female position elected in congress because of that law. kennedy: defense of freedom in face of obamacare. >> still obamacare makes just as little sense today as it did then. we had a democratic senate, president obama, who prohibited our making major changes.

but chance that we had was after 2016 election and because republicans in the senate would not relinquish the filibuster on passing ledg legislation, democs had upper hand they would not provide the 60 votes needed it will be tough now. republicans better be ready. >> the ruling -- is dubious, i got on e-mail with lawyers who previously sued to try on over turn obamacare, theying there is sketchiness, ruling that individual mandate is unconstitutional, then a step to say, that means whole law sun -s unconstitution always it rests on it. individual mandate can be thrown out, and good riddance. kennedy: there are conservative

legal scholars who say the same thing. >> a leap in logic. kennedy: for this federal judge to say individual mandate is toothless. >> because of job and passed a year ago. it looks like judicial activism on our side. kennedy: what does that do for health insurance now? >> i think obamacare, still not working. there have been tweaks that made it better, the republican undermining of it can help the law. >> all administrative. >> which can be helpful, i think there are pitfalls for republicans and risk for them, but democrats right now, are in sort of a safe spot, they think politically they can lash out at republicans, saying they will take away preexisting conditions and all this but as healthcare status quo policy wise continues to deteriorate and costs keep

going up under the so-called affordable care act. there will be a push to go left fulfull-blown different control. kennedy: republicans have not given an acceptable alternative. >> they have to make the arguments, we know this is a terrible law, but republicans have not managed to make an argument, reaassuring folks about the preexisting conditions. kennedy: that is funny, democrats make that a wedge issue. that was most critical element that was lacking for millions, we have more with the panel after the break. poor alexandria ocasio-cortez needs a break. she has neglected her own needs, she wants time off. but she is conflicted, taking a

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♪ ♪ ♪ ♪ ♪ ♪ this holiday season, families near you need your help. visit redcross.org now to donate. kennedy: dim witted propagandist, alexandria ocasio-cortez is burned out and has not started her cushy job in congress. she is talking about self care, and taking a few days off to

apply facing masks and she snead needs to disappear for a new days in upstate new york. documenting every moment. she waxed in a video. >> hello everyone, i am starting a week of self care. where i am taking a week off. and taking care of me. i don't know how to do that. i would appreciate any and all self care tips. because sometimes people are like. top 10 -- tips, people like go to cancun, i'm like is that a face mask, i don't understand. kennedy: you don't understand? not overin everything has to bea

political stun, don't tell that to burn out who write, i neglected myself in the process before the campaign, i used to practice yoga 3 to 4 times a week, eat nutriciously, and i went from doing yoga and making wild rice and salmon dinners to eating fast-food for dinner and falling asleep in my jeans and make up. oh, my god, that is so hard. try having kids, and all your energy is toward a tiny person whose needs are more important than your own. congress. by the way dear yoga is not just laying on the mat. i know it is impossible for someone who wants government to

fully control everyone else's life. but sometimes we have to take responsibility for our own act and decisions this is part of functional individualism, maybe aoc is not cut out for the new job, she is already toast. that is the memo. kennedy: aoc will become a congresswoman in just two weeks, should she considerric tokinrica have a --vacation until 2020. she gets facts wrong, that drives me crazy, but this whole thing politicizing self-care. >> sure, there are ways in which

i like her, more than you do, she is tea partyer of democratic party, calling out lobbyists, and leadership for being inconsistent. but social media sucks, twitter, self-indulindulgent video, she s donald trump on twitter, she has no filter. no sense of modes modesty or hu, she does not admit when she is wrong, she goes to a instagram star who happenings to be in congress, that is not becoming i don't think. kennedy: do you think she will find the job is tougher than when we first ran. >> yes, and when i elected to, i went right back on the road, in my generation, that is what you did. no breaks. but, you know, it is a very tough job.

it is also a job that goes to district by district, one ways in which tough or less tough, is if you are in a district like her, her reelection is probably assured. she is an attention hog, the break i would love to see is break from public attention, i would love to see everyone ignore her, talk about the issues. kennedy: that not going to happen. >> she brings up something that is ridiculous, talk about the ridiculous thing but don't talk about her. >> i'm going counter inthank yo. insta gram stories and personal connect is the wave of the future, she is fine-tuning it, i

have no problem with her taking a week off to get some r&r. >> but stop talking about it like it is a littl political is. >> great, running for congress, that is he -- campaigning is hard, merry exri, merry christme talked about self wear i care ia political act for poor. kennedy: it nad made no sense. she is obsessed with face masks, as a working mom you have to fine ways to care for yourself to maintain santee sanity. no one wants to hear everyone else running around talking about how tired they are, it is up to you to fine peace, part of this is humility, and maybe not

talking about yourself. >> getting off twitter, myself care is not being on twitter as much. and that this is part of thing she is doing, i agree, a service of saying hey, here is what doings on in congressal or -- orientation, they have briefings for us, some are good but twitter is toxic, every time she gets trolled she fights back. >> and fact that it is so hyper politicize, none should be a surprise to her, if shih sh shes taking on had responsibility, she needs to rise above it but she is too immature. in the meantime bernie sanders is most popular -- in the nati

nation. bernie in a lead, and followed by biden. and liz warren dropped down to 4. she is dropping fast like a brick in a bucket of oil. will domecra democrats get new o lead their party, if so will nancy pelosi drink it all. >> that is possible. that shows, progressives are -- bernie sanders promised the big state. right. you know, they are all going to push now medicare for all. kennedy: i guess okay why does bernie sanders still have so much magic? >> he had a lot of magic in the 2016 democratic primary. kennedy: so did liz warren but she dropped, why has he maintained. >> she stands for some politics

and policies. he stood for something bigger unot just a socialist thing people felt empowered by him, they felt you know millennials and boomers who felt they didn't have a say in politics, he came, and seemed to give them power. that is the sending, that is one of most under appreciated parts of bernie. kennedy: maybe populism but he is socialist silver back. if politics is tribalism now, he leads the tribe. >> and has been for a while, a voice in wilderness in party for a while. kennedy: literally. >> result of the poll on the screen are interesting because bernie was on brett baier show, last week or this week. and brett asked if he was run for president, he said, if i

believe grassroots are behind me and want me, answer would be less. there report this week he and warren met behind closed doors, march. kennedy: no one believes a native american thing, not one person. >> she doesn't even believe it any more. kennedy: i know. >> my high cheek bones. >> good lord. >> if a republican said you that imagine. kennedy: they would be, owning a major nfl franchise. thank you so much. nice to see you. >> in the flesh, nan, and guy, and tim. >> coming up. merry christmas. >> google and facebook deny they are bias, but the president and republicans are not buying it. john stossel is joining me to discuss, next. i'm snow. and just like you, the further into winter we go, the heavier i get.

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♪ ♪ kennedy: welcome back, president trump, ticked off at big tech, he let them have it this morning on twitter, writing -- twittedder ha -- theyremoved ma. they have acknowledged, done nothing. the company have claimed they are not biased. and they of all fighting accusations that may were at least negligence in regards to russia meddling in 2016 elect, question, are search engine and social search engines damaging or democracy, john stossel, welcome back.

>> thank you. kennedy: are they damaging our democracy? >> maybe. probably. there are so many different ways. we can't prove they overtly favor the left. though they all admit they lean left. they say, this is just alga rhythms what people want. occasionally individuals make the call with human consent monitor, a lot hate conservatives. i posta video before week. and so there and i hav there ist examples, i get e-mail from google, we're taking you off youtube we're not allowing kids to view this, it too violence, they have a lot of violent stuff that kids he, we filed a complain. saying, this is a serious thing,

not grat computer -- they reply, sorry that is what we decided. kennedy: what is your -- >> second part. >> because i have media contacts, smart enough to contact google news contact. hours later, a letter, we looked at it, one of our sensors thought it was the inappropriate, clearly he of was a socialist, we into th got is , but because we have connection, they can make you disappear. kennedy: they can, there is no recourse, what is the solution? really a bunch of out of touch congressmen, sitting around the twit -- saying that twitter and facebook hurt their feelings. >> i think that orrin hatch, quizzing zuckerberg, how do you make money if you don't charge

people. senator, we run ads. kennedy: we sell ads, you know, facebook, and it is not like they are free from criticism, because facebook of time a new issue is raised, and every time a journalist researches, and finds there is evidence, of either, russian targeting and buying ads and people have to really take more responsible for what they read and how they take in information, facebook said same thing, you know, we're worked on it we hear you, and we're working on it which is so disingenuous. >> what are they supposed to do? russians. >> given free money. >> that would be good. if russian use them, there are just too many accounts to keep track of, they try to keep up, but they can't solve this problem. some people will missing use the median. kennedy: yes, and so, the medium

is esloflin evolving fast than government, they have to figure out ways outside factor without causing a race war. they are targeting african-americans and telling them to not vote because their vote did not matter. >> and we're a element wa a lone from a race war. we don't know how often is happened. kennedy: you know what was morphinmore-- interesting they e economeffective on instagram thn facebook, john stossel thank you, merry christmas,. >> merry christmas. kennedy: up next, topical storm, yeah.

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kennedy: before we go further, i would like to wish happy 75 birthday to "rolling stone" guitarist keith richards, living proof, if you don't take care of yourself, you will likely out live your peers, light a joint. blowout the whiskey candle. >> and oregon, christmas cheer "gone with the wind," oh, no. they are having sweet ho monkey love, they were supposed to be greating shoppers. why would you film something so mimine mind less. the locals are higher than santa's sled.

those numbers could be inflated. >> topic two. popeye's, speaking of stoners selling emotional support chicken carriering on travelers at philadelphia airport, a dumb idea, you flew to phillie, so you are full of dumb ideas, it contains 3 piece to calm your nerves during the travel season. you just need a lack of self respect, if you are flying coach, you may want to buy one for the leg room. i'll stick to my therapy llama instead, he spits. >> emotional support chicken on sale while supplies last, act fast or you will need a new way to tell world you are single this holiday. topic three. >> let's go to australia.

new zealand. everything woman knows there are plenty of fish in the sea, look at this gal. swimming on a beach, approached by three orcas. she remained calm, she had her popeye therapy chicken with her. orcas are not known on eat humans. 10 million people have watched this. but not everyone agrees it was cool. why deck the halls you with deck each other. click chicka chicka pow, pow. >> yeah. >> snow man love. the kinkiest kind, you make me cold in all the right places, i'm going to get a call from gary. >> parents have named their kid after superheroes, but, let's go to oregon.

smoke them if you got them, this mom is the goat. this fella, he was born in portland last week, they named him bruce wayne, after batman's alter ego. he is far more likely to ride a unicycle with the rest of the hipsters, and no bat cycle with cool handle bars, he may get a handle bar mustache. he would eat it, so cute. he is a cutest thing in the world. look at his as ana eyes and leg, bruce wayne will go to display in january, he can't be worse at playing batman then ben affleck was. i road past his house on my bicycle, when dodgers were playing red sox, and i yelled,

go dodgers. there it is, a florida man busted. he tried to trade marijuana for food. at a mcdonald's dry drive-thru, police were shocked someone would attempt to trade a dangerous substance for marijuana, 23-year-old gallagher, woo look at that blow over, he drove to a port st. lucie mcdonald's. and offered employees a bag of weed for the dollar menu i'm ken jacobus and i switched to the spark cash card from capital one. 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?

♪ ♪ this holiday season, families near you need your help. visit redcross.org now to donate.

kennedy: thank you so much for watching best hour of your day, you make may heart pitter patter with your support, tomorrow

night, lawrence jones. and adrian elrod, what a great cast, and thoughts and prayers to family of penny marshall, a genius, legend, and the following is a sponsored program paid for by my pillow do you find yourself sleeping too hot or too cold, not getting the support you need to help relieve painful pressure points or struggling just to get comfortable? then get ready for a revolutionary, new sleep experience. introducing the my pillow mattress topper, the next generation in sleep innovation from the company that brought you the world's most comfortable pillow. [applause] hello, everyone. i'm tonja waring. thank you so much for being here. it's been an amazing journey