guaido. don't forget to tune in for that. "kennedy" starts right now. ♪ ♪ kennedy: the deep state tried to unseat the president and now the president is fighting back. last night's former acting director of the fbi andrew mccabe, he went on "60 minutes" and dropped bombshell after bombshell trying to sell books claiming that discussions about removing president trump went almost all the way to the top. watch. >> the deputy attorney general offered to wear a wire into the white house. he said, i never get searched when i go into the white house. i could easily wear a recording device. they wouldn't know it was there. now he was not joking. he was absolutely serious. >> rosenstein was actually

openly talking about whether there was a majority in the cabinet who would vote to remove the president. >> that's correct. counting votes. or possible votes. kennedy: just whipping everyone into a frenzy. hey, rod. these are obviously very explosive allegations. as you know, rosenstein has denied some of mccabe's claims saying he was being sarcastic when he suggested wearing a wire. what was he going to get on the wire anyways. he has not yet commented on the claim about talking to cabinet members in order to remove the president from office. but mccabe, he didn't stop there. he also claimed the president was the one who tried to scuttle the russian investigation. watch. >> rosenstein was actually openly talking about whether there was a majority in the cabinet who would vote to remove the president. >> that's correct. counting votes are possible

votes. >> did he assign specific votes to specific people? >> no, not that i recall. kennedy: glad you got to see that again. the white house denied it on twitter. dan bonn geno claimed that the talk of using the 25th amendment was an illegal coups attempt saying so many lies by acting director andrew mccabe. he was fired for lying. he and rod rosenstein look liked like they were planning abillegal act and they got caught. this was the illegal and treasonist insurance policy in action. can mccabe be believed at this point and if so, was this really

an attempted coups? this is nuttier than a fruitcake by the moment. president of diligence llc, mike baker is back. welcome back, baker. >> thank you very much. for all of your information and security needs. that's right. at the top of this whole thing is something you said at the beginning of your show which is he's selling books. kennedy: absolutely. >> if this was out there 12 months ago when he was first fired by the fbi, okay maybe he's got a little more credibility. but the fact that he's held this inside for all of this time describing it shocking and astounding to him. and he's just now rolling out the bombshells during his book tour, it doesn't give him a lot of credibility, aside from the fact that he was hired for

lying. kennedy: and it means he's embellishing, putting it vary chacharitably. one of the thing that comey, brennon and mccabe have in common, they paint themselves as modern day superheros with truth and justice in their heart. and they're the only ones standing between a presidential tyrant. but they come off as hyper politicized when they talk about the president when they claim to be totally objective. what's going on with that? >> look, as usual, right, there's bits and feeses of this that if you take away the partisanship, if you take away this environment that we currently operate in, you could say look, following the election and sol of the information coming out about what the russians were doing shouldn't have been a surprise because the

russians have been meddling in our elections for generations. but inside the bureau of course there's going to be, in the counter intelligence division, there's going to be a desire to find out what the russians were doing. they should be doing that. that's their job. but then you have a small group, a small cabal -- dwront how to w how to describe them. kennedy: that's what it is. >> i've got a tremendous amount of respect for the people that work at the fbi. he and the others in the small group have done themselves no favors by the information that's coming out, e-mail tracts, text messages or their own statements. on the one hand yes, should the bureau have been engaged into the counter intelligence allegation into what the reukses russians before doing. yes. and the then we fell off track, into a robert hole saying we've

got to stop president trump at any -- kennedy: when putin said that north korea's missiles can't reach the united states. >> that's an interesting point you've raised. that comes second hand. mccabe drops this bombshell saying according to a buddy of mine who was in a meeting who heard it from his cousin, you know, president trump said that he doesn't believe the intel community and he believes putin instead when it comes to the capabilities of north korean missile systems. again, okay, fine, let's get that colleague or the person who was in the meeting to come forward. i'm tired of the anonymousness of the whole thing want tired of people hiding behind and yet we get front panel stories made up of nothing but anonymous sources. transparency, right? what's that saking, democracy dies in darkness. let's shine a spotlight on this whole group and find oas what's going on. kennedy: there is so much darkness, so many cavin cavernst

they are ripe for corruption. but when real corruption happens there has to be transparency and accountabilities. but you can't just make stuff up or put a few ideas together or take something out of context when you don't like the verbiage that the president used and somehow make that the basis for his removal simply because you don't like him. that's not okay. it's certainly not okay in this country. my last question for you is where is christopher wray on all of this? >> that's a very good question. i suspect he's actively trying to avoid the fray here. you know, there's no upside to wading into this, although that's his job. he's there. now will the new attorney general, will barr come in and take a leadership role in all of this and try to peel back all of the various complicated layers? the problem again, i don't think we're going to get any clarity. i think mueller is going to

finish an investigation that's unsatisfying to everybody. kennedy: i think if there were a silver bullet he would have taken aim at the target at this point. >> we would know about it. nobody keeps a se yet in washington. and the idea that that would somehow keep this silver bullet of collusion secret for the past two years is insane. it didn't happen in washington. i think the report comes out, nobody is happy. kennedy: if there were actual collusion and it rose to the level of criminal conspiracy, i hope they wouldn't malinger for two years letting the president tool around with the nuclear codes. but you know, obviously they know so much more than you or i. make baker, you're awesome. >> beats me. they may not know more about it than you, certainly me. kennedy: of course this story is making waves in congress. yesterday south carolina

republican senator hamm, lindsey graham explained how stunned he is about what mccabe told "60 minutes." watch. >> it's stunning to me that one of the chief law enforcement officers of the land, the acting head of the fbi would go on national television and say oh, by the way, i remember a conversation with the deputy attorney general about trying to find if we could replace the president under the 25th amendment. we're a democracy. people enforce the law, can't take it into our own hands. and was this an attempted bureaucratic coups. kennedy: graham is calling for mccabe to be investigated and rightly so. if you're going to speak up to sell books, you might as well be placed under oath. last week massachusetts democratic senator and presidential wanna beelizabeth warren defended mccabe and his actions. liz?

>> people work with him every day, they have raised questions about whether it's appropriate to invoke the 25th amendment. they have an independent constitutional responsibility if they believe the president has a problem that triggers the 25th amendment, then loyalty is to the constitution of the united states. it's that simple. kennedy: liz. slow down. what if you become president and if your cabinet find you're a pathological liar. you can no longer serve. be careful what you wish for. what should the lawmaker dos. joining me now were special assistant to president trump mark lotter is back. what strikes you most about the way this is making it in congress. >> it's stunning. i think lindsey graham used that term yesterday. kennedy: he said it was beyond stunning. >> i'll go with that. you had the top officials of the fbi and the doj openningly

cussing ways to remove an elected president of the united states because they didn't like him. kennedy: yes. >> and that's something we should all think about. it's not what the constitution intended. kennedy: and the constitution didn't want to concentrate power in the hands of very few mostly men. >> and unelected. kennedy: when people talk about a deep state, they're talking about people who are serving four years unelect who had are doing whatever they can to hold on to their power. here comes in a president who is unorthodox looking at things in a different way, and that can be troubling if he's talking about dismantling certain institutions where you look at the doj and the fbi, they certainly deserve, maybe not dismantling but a good spring cleaning. >> any about this as it might relate closer to home. imagine if the police chief thought this about the mayor and did this. we don't do that in the united

states. kennedy: was this the insurance policy that strzok and page, texting about? >> i think that combined with the dossier. they thought that was going to be -- i'm just speculating. i think that's probably what they thought would be the insurance policy. you're missing one key point. it's the vice president and a majority of the cabinet. i grn tee you jpt mike pence would havguarantee you that thef on that. kennedy: talking to people who know him best, he's not that kind of person, number one. he has so much respect for the office of the vice presidency and the presidency. if the president's great undoing does not benefit him, i want to know if rod rosenstein is saying i've got three cabinet members. i want to know who they are. >> it would be interesting to find out who they are if he had those. this is a guy selling books and as been mentioned before.

he was fired for lying. he's trying to walk back his statements yesterday today. kennedy: exactly. i didn't really have discussions about the 25th amendment. this is the basis of your conversation with scott pelley. that's what you're saying. that's how you're trying to sell these books. >> this story changes every single moment as they keep digging. and isn't the first rule when you're in trouble some digging. he's likely to find himself facing criminal charges anyway for lying to the fbi. kennedy: you look at the chasm within the fbi and the doj. loretta lynch and james comey totally turned on each other. there's probably a lot of vitriol left in their quivers. and now you have them doing the exact same thing, the exact dynamic. lock it up over at the justice department, okay? you guys have a job to do and it's much more than protecting

your own futile power. marc lotter, thank you so much. always great to talk to you. kennedy: democrat politicians are eating crow after allegations of the alleged attack of smollett. the pnl joins me t ponl joins ps after the break.

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they want to follow up with the "empire" cas "star after his cae took a bibbing turn. smollett claims he was assaulted by two men on january 29th in what he called a racial and homophobic attack by trump supporters. on friday police questioned two nigerian american brothers they call possible suspects but they were released without any charges being pressed. the chicago pd will not confirm or deny anything until they speak with smollett. kamala harris allegedly tweeted the alleged attack was an attempted modern day lynching but was at a loss of words today. >> which tweet? >> saying that it is a modern day lynching. >> okay. so i will say this about that case. i think that the facts are still

unfolding and i'm very concerned about obviously the initial allegation that he made about what might have happened, it's something that we should always take seriously when ever anyone alleges that kind of behave your but there should be an investigation. and i think that once the investigation is concluded then we can all comment. but i'm not going to comment until i know the outcome of the investigation. kennedy: she didn't have that restraint before. had no comment commentin proble. editor for town hall.com, katie papoll vich isback, back, anthoy fisher and pat tims. welcome everyone. i can't get enough of this story. it's crazy. it's crazy and great but also awful all at the same time, right? this is something that turned

out to be a lie. it means that people are judging people for the truth based on not the facts or waiting but based on your skin color. and that goes both ways. stereotyping based on skin color but also blaifg people on skin color. win this case jussie was automatically believed because he's a black man in america. as we've seen more evidence come out, politicians like kamala harris don't want to talk about it after rushing to judgment. kennedy: isn't that interesting? at one point she does that like awkward kamala harris giggle. >> she can't remember this one tweet she better get ready are iforit. kennedy: i don't think she's gotten this much attention for any tweet thus far. but what is the upside in

rushing to judgment. what is the upside in throwing your hat in the ring. >> some people want to call it. the upside for the rest of us who may have held our fire for a little bit is the value of due process. it's not alls about the accused. it's for all of us. taking a moment to vet the facts, to make sure that the police conducted their investigation and that it's not just a predetermined narrative, that's something that help us all to move forward and judge cases that happen in the future. >> and one of the things that i keep going back to is why would a handsome successful talented well-known actor put his entire career on the line for something like this. people already hate the president. so what is his rationale? what is jussie smollett thinking when he starts planning this and forking over a lot of money for a little bit of help from the brothers. >> right. well he has to be a crazy

person. i think that's the only explanation. no rational sane person would do this. if you want a little bit of extra attention, post a selfie on instagram like everyone else. you don't need to orchestrate a fake hate crime against yourself. i don't understand. i mean he's probably a busy guy, too. to carve out time in his schedule to say i'm going to fake a hate crime against myself. that's what i want to do with my time. >> doesn't he have enough rehearsal and now his life is basically over because he really, really messed up. no one is going to trust him again and everyone is going to know he's crazy. what sane person would do this. kennedy: would you say he's the amanda bynes of network dramas? >> yes, except that's an insult to amanda bynes. kennedy: we've got much more with the panel. coming up, democratting finding way to cancel president trump's emergency declaration for the

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kennedy: the president got a little money for his beautiful wall but things are about to get ugly in texas where private property owners are going to fight like hell bound honey badgers in order to keep their lapped. the president was able to avoid a government shutdown by taking the 1.7 billion congressional handout but now that he's declared a national emergency and breaking dhs piggy banks, he feels emboldened to break ground as well. sometimes private land openers aren't always in a nood for giving. you've had your land for a couple hundred years, you're probably inclined to sign your birth right over to unkment sam. it'uncle sam.if your family namy

are linked, chances are you'll hold on to what's yours even if it means a lengthy court fight. the president has best case scenario about $8 billion to spend on the wall and that's the wall building part. not the land buying with two thirds of the border land in private hands. the feds are going to have have to write quite a few big checkings. and while rich land owners can afford a team of lawyers, the regular people will be pretty screwed with very little recourse. not to mention the government making property from private individuals and that is wrong, what is this precedent means a future lefty president try to do the same thing with even more private property to build wind and solar farms. both causes immigration and climate change are built on

emotional his stair ya to scare them from being separated from their money and their land. eminent domain cases are not quickly settled. 20% of the cases stemming from the 2006 act are still making their way through the court. only adding to that legal stockpile seems fruitless and futile. texas is ready to fight and the distraction will eclipse the false urgency for the wall and poor little old people being stripped of their homes will be a highly exploitable piece of counter propaganda and that's the memo. texas republican congressman will hurd, the only goper who represents a district along the southern border had this warning about the federal government's land grab. watch. >> in the great state of texas we care about a little thing called private property. there's going to be over 1,000 ranchers and farmers potentially impact fd the government comes in and takes their land.

kennedy: so should the land owners dig in to fight the white house over eminent domain? with me, george mason, university law professor and awe thoor oauthor.so this is somethi don't think gets talked about enough because it's really critical to the process because there's so much private land on the southern border and so much of that is in texas. how difficult does that make the process of building the wall even though the prt maz some punitivpresident hassome fundin. >> it's going to be a legal battle. there could be tenlly be thousands of properties that would be taken. kennedy: uthousands and thousands, according to the constitution, these people have to be compensated. where does that money come from?

>> that's a good question. trump has some money, perhaps, from the 1.37 billion that got allocated by congress. he's claiming he can reallocate more money through an emergency declaration. i'm skeptical that he can do that legally and that's part of what the legal fight is going to be about. kennedy: and there are several ways that he can be legally challenged. he can be challenged by advocacy groups, challenged by states, xavier becerra in california who has challenged the president several times is teaming up with several states, including hawaii in order to take a go at this. okay. let's say you have big gaps in the wall that run threus through private ranches and homes in texas. what can be done about that?

>> i'm not sure i understand the question but obviously taking private property will raise serious problems and many people will be seriously hurt if that happens. kennedy: seriously hurt financially? we're showing some of the barriers that are meant to keep cars out. but people can get through the 650 miles of barrier and fencing on the southern border. 300 of that is just meant to keep cars out. >> yes. most undocumented immigrants that get into the united states from the south actually do so through visa overstays, not by sneaking over the border. for this and other reasons, if you do succeed in building this wall and displaying thousands of people, you will hurt a lot of people for very little if any benefit. kennedy: and the court battles could rage on for years and years. >> that's exactly right. there's going to be battles both over whether he's even legally allowed to do this and even if he is, how much compensation

people are owed and that's going to vary a lot fro place to place. kennedy: congress has a lot of work to do in terms of fixing the immigration system. and if they're worried about people coming into the country illegally, find out a way to tackle the visa overstays which they haven't. they keep giving up their own. we're going to keep talking about that ilya, thank you so much. stephen miller, quite problematic. he went on fox news on sunday to defend his boss' emergency declaration and of course the interview got a little tense. >> this is part of a national security mission. >> never done this under a national emergency. >> we've declared national emergency to promote democracy? zimbabwe. >> but it didn't take money from congress. >> they passed a law saying that the president can have this authority. it's in the plain statute. that's a decision that congress made and if people don't like

that, they can address it. kennedy: like he addressed chris wallace's cosmopolitan bias. the left condemned trump's emergency declaration and the right have given it mixed reviews. mitch mcconnell and lindsey graham are all in. but rand paul has criticized it as bad precedent and potentially unconstitutional. what will. political fallout be for the president eats emergency declaration. the party panel is back. so, anthony fisher, i will start with you. rand paul said i'm all for strong border security but this is a horrible idea. do you agree with that in. >> ?>> i think it's a horrible . but anybody remember when barack obama said i've got a phone and a pen. people are outraged by executive orders np is a leap beyond executive orders. kennedy: it is. democrats love this. there have been several say

really, this is all you need to do? i've got some things that are important to me, i would grab a bunch of money and go ahead and use it any way i wish. >> i think the democrats are simplifying it a little much by extending it to all of these things they declare emergencies. mike lee said it's legal, bad, unconstitutional but it's congress' fault for succeeding their power to the ebbing ex tif branch. congress hads not done their duty to fix this problem. kennedy: how do they do that. if you have if senate majority leader ak wlead acquiescing. >> it's about taking back some of the power they've given to the executive branch through different legislation. take the wall ou out of it. if you don't like any president

using executive authority or declaring national emergencies, it's up to congress to take back resolutions or pass resolutions that take power back from the executive branch. kennedy: and not agreeing with the president overstepping the bounds of executive action, because there were conservatives who were really frustrated when president obama did that, as anthony pointed out. if it's not okay over there, it shouldn't be okay over here. >> everyone sphreeke freaked oue made that phone and pen comment. and now that a republican is doing it, they say yeah, we have to do this. next time the president might not be a republican or might not do something that you're a fan of them doing. and if they can go ahead and do it without congress, that should be something that scares you. >> i don't believe the president argument holds a ton of water. the democrats are the ones that got rid of the filibuster. this idea that the democrats did

it first, that issue doesn't stand. >> democrats hold true to their constitutional statements. kennedy: democrats will take government power to spend money in any way they possibly can. >> whether trump would have done this or not. >> they can say hey, he did it. >> upping the game severely. kennedy: but they can also say aoc said climate change is going to kill us in 10 years. >> gun control and climate change be a big thing if there's a democratic president in 2020. >> beto o'rourke thinks it's disgusting. >> he's going to tear the walls down. >> with his bare hands. kennedy: thank you for being here. coming up, breaking news on rod rosenstein's job that he may not have for much longer. plus, democrats are split after amazon's not building

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kennedy: news alert, a senior doj official tonight telling fox news that deputy attorney general rod rosenstein is expected to leave mid march. the announcement, it's expected this week, but i just gave it to you. there you have it. as you know former fbi acting director andrew mccabe claimed last night that on 60 minutes that rosenstein offered to wear a wire when he had conversations with the president. a trump administration official telling fox news that new attorney general bill barr has picked jeffrey rosen as his deputy ag. and rosenstein expected to leave his post in about a month. we'll bring you more news as we

get it. amazon's decision to pull out of a deal to build a second headquarters in new york city has politicians irked at the company and with each other. amazon backed out to pressure from local politicians who were giving the tech giant $3 billion. last week alexandria ocasio ocasio-cortez argued that the money would be better spent on education and the subway. but yesterday, bill deblasio and others misunderstood how the tax break would work. bill? >> this was a deal that was going to bring $27 billion in revenue to the state and city for things like public edge kition mass transit, affordable housing and that 3 billion in tax insensitives was after he had the job. kennedy: there it is. so are either of the two progressives right? who is the biggest loser in the collapse of the deal?

with me, editor at large, nick gillespie. so let's talk about this a little bit. because jobs are great, money is great, realtors selling condos. all of that is great great great. high-paying jobs. fantastic. of course the crony capitalism sucked. >> i think in the end new york is not any worse off because amazon should be castigated for acted like a prosports team saying we're really interested in coming to your place and opening up a stadium but give us this, give us this and give us this. i understand why they do it and can get away with it. but they should be called out on it. there are times you should be principled and the principle of america is not getting subsidies and special breaks from the government. kennedy: yes, big business getting big favors from the government is inherently wrong. >> this is a brad cu coupling tt

should be broken up. they should consciously uncouple. kennedy: the amazon jobs would have been great. i like business. i like money. i thought you did too. >> here is the issue when you think about people like bill deblasio and an due cuomo, cuomo came in to office saying we're the highest -- it's the worst place to do business, pay taxes. all of these kinds of regulations. kennedy: see the empty store fronts. >> figure out how to create a stable framework that's fair and equal to everybody that comes here, wants to live here, wants to work here, wants to buy here and you treat everybody the same and let the market decide. that's what we need to do. at this point cuomo is paying his pantis peeinghis pants becas going to bring in 2 billion less

in taxes -- kennedy: he's blaming the president's tax cuts. >> is this is the thing. new york has been taxing and regulating so much both as a city and a state, they can't absorb shocks when they expect something to do their way and it doesn't. new york city is idiosyncratic and it will survive. it won't miss amazon. it would have brch good t been e a high-tech hub. 65% of new yorkers were in favor of it. kennedy: i wish the tech giants were in favor of the free market. amazon doesn't need the subsidies to win. >> and most cities don't. this might be an exception to the rule. but most businesses, what they're looking for is a workforce that is educated and capable. they want a stable local tax and regulatory -- and very quickly. kennedy: we have to go. >> aoc is part of the problem here. everybody knows if you come here, you're going to be harangued and harassed and

people are going to be -- kennedy: shaken down. >> that's not the way to run a city. kennedy: so great to see you. thank you so much. always a fantastic conversation and the topical storm is next. ♪

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which i apply to my life and my work. at comcast we're commited to delivering the best experience possible, by being on time everytime. and if we are ever late, we'll give you a automatic twenty dollar credit. my name is antonio and i'm a technician at comcast. we're working to make things simple, easy and awesome.

day. which was set aside to honor our nation's leaders. federal employees have no work, no responsibilities which makes it more like vice president's day. this is the topic storm. topic number one. we begin tonight, sunny california where last week's valentine's dinners were a real steal. first the keto diet, then the fleato diet. this fellow decided to save money and do takeout. people think valentine's is cheap for single guys but the webcams aren't going to pay for themselves. if you don't believe me, ask your aunt stormy. topic number two, last week we told you about a houston man who found a tiger living inside an abandoned house. a minnesota home has tapped him but she's got a very long face.

now to be clear, this is not part of the green deal where every girl gets a pony. you don't need the board of ed when you have mr. ed. it's unclear how the horse got inside but it didn't stay long because the wi-fi was down. police are unsure who the horse belongs to or what its name is. but seeing it's so tall and clueless, they've named it beto. topic three, the people of new jersey have done the impossible. no, they haven't found a way to get the rest of the country to take them seriously but they found a way to make the oscars interesting. jersey is the first state to take legal bets on the oscars which is a big deal because jersey isn't usually first in anything except 24-hour diners and women named tina. come oscar night they're taking

action on everything. it's long show. the only thing you can't bet on is the opening monologue because the social justice jerks don't have a host. personally i'm drawn to the newer categories like best supporting witness. regardless of what you bet, report your winning to the irs so you don't get popped for tax evasion like a jersey shore cast member. i won't name names. but he's just say it rhymes with the situation. topic four, an original copy of super mario brothers, a video game, sold at auction for more than 100,000 dollars. open it literally went to the highest bidder. i can't even see them so high. it was issued in the early '80s test launch. in fact the only thing more rare is the date for the nerd who bought it. the cartridge is in flawless

condition, which is a tad ironic because if mario were a plumber in real life, his yelp reviews would be anything but. he and his brother crawled into the pipes, killed our pet turtles, dero stars. the mario maniac is said to be thrilled with his purchase but he spent so much he can barely afford food. don't mind me. i'll take a couple of these, six of these naked lady tees. hang in there. the money will get better once you save princess peach. speaking of which, i'll take that garnish. be right back. you're searching for something more...

kennedy: thank you so much for watching the best hour of your day. follow me on twitter and facebook. tomorrow night on the show, let us learn with mcgurn. bill mcgurn is back. he's bringing matt welch and he's going to rename himself

matt mcgurn so we can have matt tuesday. thank you so much for making this a sacred part of your entire day. that's too much. good-bye. ♪ ♪ >> lou: good evening, everybody. this aversion is president trump and his administration on will display this weekend. andrew mccabe actually confessed that he, deputy attorney general, rod rosenstein, and a host of corrupt fbi and department of justice actors, sought to unseat a sitting president. >> discussion of the 25th amendment was simply, rod raciest issue and discussed it with me in the context of thinking about how many other