tomorrow is a big one, too. we are holding a big benefit concert on the border in venezuela. we'll have full coverage. see you tomorrow. [♪] kennedy: breaking news, empire actor jussie smollett now out on a $100,000 bond after his arrest on accusations he staged his own attack. it's a case that has confused, saddened and disgusted many americans. but smollett's lawyers claim he is innocent. calling the charges quote outrageous. this is jussie's mugshot after he turned himself in to police this morning. he's charged with filing a false police report which is a fell think that can carry punishment

of three years in prison. the prosecutors sa prosecutors t paid two trends to pull the whole thing off. >> it includes he wanted ola to place a rope around his neck, pour gasoline on him and yell, this is maga country. smollett provided abel with a $100 bill to purchase the roam, and the baseball cap that says make america great again. reporter: the smollett team is coming out with a terse statement direct as the chicago cops. it reads as follows. today we witnessed a law

enforcement spectacle that has no place in the american legal system. mr. smollett is a man of impeccable character and integrity who maintains his innocence and feels betrayed by a system that wants to skip due process and proceed to sentencing. superintendent johnson said police gave smollett the benefit of a doubt. they treated him like a victim until the evidence showed it was a fake. >> when we discovered the mode tough, it ticked people off. when you are putting things out

there into the universe, that's not actual fact, then it causes to us have a chase all that stuff down. that's time and resource we'll never get back. the shootings, and homicides in this city were not impacted by this investigation. reporter: some of the details that came out. the osundairo brothers, one of them sold the party drug mollie to smollett. and smollett wanted them to beat him up but not too bad and he paid the broth were a personal check. he was still scheduled to be shooting this afternoon and went to the studios where empire is shot. kennedy: paid them with a check.

a bunch of text messages. real genius there. i chicago chicago p.d. did a good job of presuming his innocence until the trail led elsewhere. this morning the chicago police chief said the entire debacle hurt the entire city of chicago. >> smollett attempted to gain attention by sending a false letter that relied on racial, and homophobic and political language. when that didn't work, he paid $3,500 to stage this attack and drag chips reputation through the mud in the process. why? the stunt was orchestrated by smollett because he was dissatisfied with his salary. see he concocted a story about being attacked. kennedy: he now may have no

salary. he hurt his friends, family, fans and millions of trump supporters who were unfairly blamed here. why would somebody do something like this, risking so much. joining me now, dr. drew spin ski. i'm -- drew pinsky. i'm glad to talk to you. you are good at figuring out the psychology behind acts like this that oftentimes go along with people in the limelight. i've some theories. this entire circumstance has been about human motivation. when we first heard about the two assailant in the middle of the night, what would motivate somebody to track down some dude four hours late getting a sandwich in minus 5 degree weather. no motivation to do that.

here we are again, it's not making sense. the police are building the case it's for his salary. but that doesn't make sense either. kennedy: apparently he sent text messages to these guys. >> if you read his twitter feed, his vitriol is extraordinary. he just wants to -- be politically disruptive. kennedy: he doesn't know exactly how to go about it. kennedy: in his mind it's a logical bridge going from the hatred he has for the president to this account, and it magically unfolds to his advantage and to the president's detriment. >> law enforcement said that may be his motivation, but every criminal thinks they are

justified in what they are doing. it's part of the criminal thinking. what's interesting with the case presently is what has not happened. you don't see him going to a psychiatric hospital or rehab. i think they would have already done that. kennedy: anthony weiner did that. >> they have to meet the criteria. these facilities are licensing depends on having admission criteria. if he doesn't moment criteria for a treatable acute condition, if he has a chronic character problem, that's a chronic condition. you can minimize some of the manifestations, but it doesn't really change unless that fern have much wants to change. kennedy: doesn't he see the fallout of this whole thing

falling apart? someone so caught up in his fantasy, and placing themselves as the victim who ultimately becomes the hero, are they not able to see the flip side? >> a feature of that pathology is it's never me, it's always out there. it could be narcissism. borderline. and they will do very destructive manipulative acts with those conditions. i feel bad for him. i'm a clinician. when people have a first time problem or major -- major psychiatric pathology i feel bad for the person. ken report rest of us look at this and say what a jerk. he makes people look bad and he

doesn't seem to mind that. if there is any scepticism in the beginning, then around horrible person. >> when i get angry with somebody, i get angry with journalism. they are supposed to report the fact that there is a narrative. question it, talk about how it didn't make sense, instead of breathlessly running to include that narrative. the journalists, she should have a manhattan project to look at how this is possible. if my profession or legal profession made a gaffe like this, thee would take it seriously. kennedy: the on people who treated it in a way you said was appropriate was the chicago p.d. they have had a long history claims of racism. i think they are upset but somewhat relieved their

investigation worked. >> they don't embrace the facts. i suspect there will be a plea bargain of some type. you may see some move towards hospitalization. kennedy: we'll talk about the pitfalls with the panel tonight. >> it's true. that's the way the media works. kennedy: you are an amazing beacon of light and hope. we all know jussie smollett is in hot water in the windy city. but according to our own judge napolitano he may have bigger fish to fry. >> i think his greater worry is the potential federal prosecution. by mailing a letter to himself. a threatening letter to himself, he committed postal fraud. that's two to three times what

he faces for lying to the chicago cops. kennedy: the judge is right and we brought this point up last night. this is a federal crime. we have a lawyer -- we have two lawyers. alex wilson is here, along with criminal defense attorney. maybe he'll defend jussie smollett. and dolph ziggler, he's lawyer-like. thanks so much for being here. alex, i will start with you. i think the judge brings up a good point. as jussie is crafting this big scenario, i don't think it occurred to him that sending himself a fake death threat could be more problematic than the fake -- >> this isn't a simple hoax.

this is a violation of federal law. so, you know, i think more than a legal question, it does bring up about what is so lacking in our human con commission modern times that would cause somebody to do something like this. to malign a whole group of supporters, but to engage in self-destruction as well. kennedy: david, you are a defense attorney. you are looking at this from you a different angle. he was arrested this morning. but you are looking at this -- >> his attorney is saying he's innocent. that would not be my defense. i would do what you and the doctor talked about. get him into some treatment and counseling. get him some therapy and go that route. and explain why he did all this. because he took advantage of a

racial divide, political divide. he used make america great again in the letter itself and want it said in the attack. i have to question why he does all these things. and i agree with you. i don't think it's because he wants more money. this is taking advantage of discord in our country. it sounds like the russians. >> we know a lot of people were upset by the currents political climate. if you are not taking responsibilities and you read the complaints, and obviously chicago p.d. and the d.a. are able to lay out based on the evidence they have, his intent and motivation, so if you go before a judge and say not wasn't me, i was still attacked, it was a hate crime. >> there is a presumption of innocence. but as the attorney you want to position yourself to defend the

case, and that's not the best step with this evidence. kennedy: you always wants to maximize a moment, and i don't think there is the adage there is no bad press, it's never more applicable than in professional wrestling. let's take the motivation and legality out of it. there is something about his visibility that could benefit him? >> clearly there are options. maybe his thinking is, if this happens to me. you hear about bill murray doing things. bill murray saved these kids from a'' burning home. when it's showing they are all over the news with actual things happening day to day that we don't care about as much. so this is that celebrity status that you can live and die by, labor he thought the world will be watching, this is my chance

to stand up for what i believe in. kennedy: does he have another life because of this? can he go to wwe and fight the brothers? >> i don't -- anything could happen. this is too -- there is too much time and money and resources were wasted while murders were happening around the country and chicago. i don't know that that's well come our country. i'm not one to speak for it. but there will be a book deal and possibly some relab. the text message you have where he was buying drugs from these other guys. he was hooked on these drugs. these guys were involved. come out and have two books and make the talk shows. kennedy: we are going to talk

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kennedy: welcome back. alexandria ocasio-cortez likes to be center of attention and she's now lost in the battle that is being played out at the crossroads of the world. a couple of days ago a group called job creators network put up a giant billboard in times square. sarcastically thanking her for costing the city thousands of jobs and billions in wages by leading the charge to stop amazon from building a second headquarters in queens. aoc responded with a tweet on

the billboard, whack yo! today two more signs popped up calling hers whack piercing the price of a billboard is minor compared to the amount in wages to cancel the amazon deal. she's also in the crosshairs front of the fiasco. the green new deal which the senate will reportedly vote on next week. will fellow democrats commit? our economy killing plan. here to answer that, washington examiner commentary editor and author of a brand-new book, alienated america, why some places thrive while others collapse. it is tim carney. welcome back. >> thank you for having. kennedy: thank you aoc. let's talk about the green new deal.this is the thing that, it is ridiculous, support is eroding for the measure because it allows senators know that they cannot vote for it and go back to the moderate districts and defend the multitrillion dollar pie in the sky plan.

but you say aoc and crew were complaining about cronyism with the amazon deal with the green new deals even part of it implemented. what will that do? >> a total recipe for cronies. we know this because all the guys that were endorsing in the newspaper article, henry waxman former democratic congressman. now a lobbyist. his climate bill from 2000 i might remember got the sign-on of every big business, general electric, siemens, all big utilities. the real greenies were opposing it because it had a bunch of to big business in it. and this is just what happens. kennedy: so does elizabeth warren when it comes to medical device companies. they all do! >> but she really wants to rush this through. it's a world war ii thing. there is not going to be some long slow deliberative process. it will be raced through. when that happens, when washington grabs power when

ends up happening is the ship is being driven by lobbyists. the other was a get to call the shots. it would be the biggest corporate welfare giveaway if she ever got this through. i don't think she actually realizes that. because she doesn't understand the way politics work. kennedy: she gets so mad when people say, people say i don't understand taxes. or the economy or words. i understand words!i am talking with my hands! [laughter] >> it is one of the things. all people new to washington think they're ready to take it on. on the left, the main mistake they make is big government they think is the counterweight to big business when really they are partners. >> yes. and these businesses cannot wait to get involved and turn into greater more powerful monopolies once they have a certain level of infusion, protection and dependency. that is what makes all things so critically dangerous.

but the green new deal, isn't just about climate change, and you know, i think more people would be okay with it if it were. it is more a resolution just about measures that businesses, large and small, could take in order to limit their carbon footprint or make the environment a little bit cleaner.people would sign off on that but the fact that they are looking to eradicate entire sectors, entire industries and transportation and insurance. it is not about climate change. >> no, it is about power. it is about government taking power away from the private sector, with some individuals, away from communities. kennedy: i want to talk about your book. you are such a great writer. you have touched on something that we don't talk about. another present touched about the forgotten man. but you times by alienated america and parts of the country suffering from a level of immobility and almost economic loneliness. explain how that is unraveling this critical parts?

>> went down trumps of the american dream is that the lease did not buy it. some thought it was just an economic issue. but it really is a cultural issue which is to say that the things that we used to count on to sort of bring us together with other people to be our personal safety net, the strong institutions of civil society are disappearing and a lot of the country. that is what alienation is. whether it is through technology or central big government that we were talking about or the left waging a war on church, all of these things are destroying strong communities.when don trumps of the american dream was dead, that resonated in places where communities were dying. and they are strong communities. and in 'alienated america" i write about a lot of these. either religious committees or others, but they do have the infrastructure of civil society. kennedy: and you point out that has happened when there is

overreliance on government. and when the overreliance breaks down in there is a failure, seeking more government to fix it is -- >> is a vicious circle. kennedy: and it is a great book. i suggest everyone go out and buy 'alienated america". taking your st. patrick's gift for all of your friends and loved ones. tim carney, thank you so much. >> thank you, kennedy. kennedy: thank you.read more coming up. and they been talking about locking her for years but there she is pure the fbi top lawyer wanted to charge hillary for miss handling classified information. why didn't he? i will have that in my monologue next.

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secretary of state was guilty as hell! the hill is reporting james baker then general counsel at the bureau, held the view to the bitter end until hitler's actions were in his words, alarming and appalling! basically, criminal. clinton has withheld tens of thousands of emails that she will unilaterally deemed personal. and though they found thousands of discarded emails including not the bad categorizing under a system is that they were insecurely transmitted that had top-secret and secret information. lord knows what kind of been accessed. -- baker believed that the initial summation of the improprieties were grossly negligent and he was right! and that met the criminal threshold but he was finally swayed into submission. that she was extremely careless!and he was silas.

james, got stopped for that in which he was reprimanded by the inspector general and he stole the stage because he knew that loretta lynch was compromised. especially after flirty tarmac meeting with bill. and james comey also compromised by the fever of wanted to keep his job under the next president clinton. hillary broke the law. james comey broke protocol and they both lied to congress . it is nice to know that there was at least one bureau skeptic. who knew hillary was guilty as all heck! but it is said is taken this long to read about the sworn exchange between james baker and congressman, john radcliffe showing the investigation could have taken the proper turn. what else is hidden in opaque congressional transactions that might shed light on the dock time? the truly guilty may never be

held accountable. but it does not mean which is stop asking questions to stop all of it from happening ever again. and that is the memo.♪ ♪ [music] kennedy: william barr was just sworn in as ag. under lindsey graham close ally of the president now sits atop the senate judiciary committee. should those to take another look at the hillary server debacle? our panel is back. alex, i will start with you. you are not only a lawyer your political beast. and it james comey last time he was question, before congress in a closed-door session was the transcript is later made public on mike baker's testimony, he said, don't question again but hillary is emails it's so boring republicans are dumb. you think there's something here still that has yet to be

on earth and is it wise to continue the expedition? >> have to say that i spent the $29 to buy the book by andrew mccabe at the fort lauderdale hudson news the other day. just to see what he was saying. and really struck me in this narrative that he was telling was that he was not really admitting or arranging up to the fact that he had the biased here. he was incredibly confirmation of the obama justice department while you know, being incredibly derisive to the bush justice department and trump justice department.kennedy: the threat and trump, i say this because with james comey and mccabe, they tell these tales that are just so grand and self-serving in so many ways that it really does make me think that there might be something more there. by the way, andrew mccabe for example glossed over in the book about peter strzok and other instances that were swept under --

>> what happened in the office? no one explain that. and we don't know the extent of lisa paige 's explanation but it was less hostile than peter strzok 's. with eric using the trump team of having done, they've all done the same thing which is lying before congress. whether it is james comey or andrewmccabe or klapper or brennan. they've all done the same thing and roger stone is going to do some time for that , at least roger stone. >> is, the inspector general made findings that mccabe lied. to the fbi and inspector general. >> and the u.s. attorney case is still open against mccabe. and his lawyer had to admit that they are still having ongoing conversations and a grand jury has been convened. >> what is taking so long? it was april -- [laughter] what is the motivation of the new attorney general to put the pack on the table and say what is taking so long? let's move. when asked about question about

the committees i think yes, it will be worth that. i think the russian interference issues that involve the same people, mccabe, james comey, peter strzok. let's not forget peter strzok was when actually alter the memo from grossly negligent to extremely careless. he is the guy. kennedy: absolute right to request and james comey is in reasonable prosecutor believe this is a criminal -- kennedy: is that the job of the fbi? >> it's not. it was baker's job! he was in a room he said this may be the crime but yet james comey standing for the country say no reasonable prosecutor would ever -- kennedy: he was when they said to the and he thought she was grossly negligent. and it doesn't necessarily deal with intent. it means that you're such a dingbat! you're not even expressing the level of care required of the secretary of state of the united states. so should we lock her up? [laughter] >> i will miss the chance. if she's already in keeper north what was the name of the

book? the insurance policy? is that what it was called? kennedy: i fell for it! [laughter] >> no, everything like this leak that you get little pieces, it keeps going when trump says is a deep state and everyone goes, you're a conspiracy theorist. they say trump is crazy. and when this lease outsources another version of fake news! the same thing happens in politics for hundreds of years but no intricate trump because hilly response to win. and that these have done and they have been caught lying and they do not do time. kennedy: the crazy thing about it is, this would be such a distraction. she cannot write. [laughter] >> because if they are all running she cannot run. but with bernie there is "unfinished business" because he should have been the nominee. joe biden said, he's thinking, i should have been the nominee, obama should have backed me and he backed her. i am out for vengeance.

and she will be like well, there was really nothing in my emails. and it is such a distraction so hope she runs just so she does not get the nomination. >>if it comes down to bernie , is he's about to get again they will take it away from him again. because not only was it not his turn out it was supposed to be possible his time. when he went up to the podium they said he's not our guy, hillary is. i watched him and i got chills. i said please -- kennedy: it's a charlie brown about to kick the football! >> i mean, -- [multiple speakers] >> everyone is the old white guy. thank you guys so much! coming up, police said that jussie smollett faked a hate crime. we are joined to talk about the real damaging -- the real damage fake accusations because.

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♪ kennedy: welcome back. ♪ we are back with more on jussie smollett, the empire actor arrested this morning the charges he lied to police about a racist homophobic attack at the hands of white trump supporters. and a lot of questions about race and politics in america. and it was not lost on the superintendent of the chicago police.watch. >> jussie smollett take advantage of the pain and anger of racism to promote his career. i am left hanging my head and asking why. why would anyone, especially an african-american man, use a symbolism of a noose to make false accusations? how could someone look at the hatred and suffering associated with that symbol and see an opportunity to manipulate the

symbol to further his own public profile? kennedy: if found guilty where do we go from here? trimming out the host of a podcast and freethinker media partner, -- thank you for being here. you are the first person that really voiced skepticism about this and i was like, something is not quite right but something happened like, maybe he got beat up and he was embarrassed and but, this is all -- are surprises coming to this level? >> a little bit. because i did not know in the beginning what exactly was going on here. it just did not add up. the details all did not make a great deal of sense. you know i cited 2:00 in the morning suddenly two people that are outside as well recognize you. trump supporters and they watch empire? it just does not make a good

deal of sense. the recognizer the dead of winter. what's going on and then eventually did not let go of your fan which, you still wearing a noose, he did not call the police. kennedy: and you fought back! you crossing things out on your pdf. some are from the chicago pd says it was so nice of him to cross out some of the numbers because we just went ahead and -- >> i saw that. he had to follow the local police, the local reporters that were talking to the police officers and things on the back on. pretty early on i actually got sort of thirdhand were secondhand anyway, some info from the local police department. someone said i do not think this is going to end very well, he's almost on the going to be facing significant charges. kennedy: i thought you know we have to have some skepticism but i also just assumed it will go away. he is famous and they will let it die and say -- at the fact that it is come to this point. the superintendent of police department, he looks like a man that lived through the chicago

riots of 68. the democratic national convention. he looks like the pain of his past is still very much felt in the present and i think that speaks to his disappointment. >> just as a practical matter, chicago is a city has enormous problems as well know. the murder rate there, it is a closure rate of the murders that is particularly problematic. below 20 percent. since only 17 percent of the murders actually get cleared. they been wasting their time trying to track down the attackers of jussie smollett when he knew all along that they were just did not want to tell the truth. kennedy: he paid them and rehearsed the whole thing. a lot of people are saying this is bad. but, in this is what kamala harris did, hate crimes are on the rise. racism is wrong, homophobia is wrong. i will stand with them.

noah says that but are hate crimes effect on the rise? >> is a difficult question to answer definitively. at a minimum hates crimes statistics are a lot more complicated than people appreciate. there are two major challenges. first is that reporting is voluntary. sometimes you have 100 agencies other times you have a thousand agencies reporting. it will not give your trendline to rely on. the numbers not the same. the second problem is what is a hate crime? the standard is very fluted changes across different agencies. we just do not have concrete data on that. i think as a practical matter though in our everyday lives, we know america has never been less homophobic and less racist. we see it, experience it every single day. and we should not deny the proof that is in front of our eyes. kennedy: no, and should not deny real help to real victims.

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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. kennedy: on this day in 1972,

richard milhouse nixon became the first president to visit in china. on this day in 1996, bill

clinton became the first president to visit hooters! place your order because this is tropical storm. topic number one. let's begin tonight, syracuse new york where they just got a new dogcatcher. look at this adorable puppy! he learned how to drop a ball at the top of the steps and catching it when it gets to the bottom.this shocked new yorkers. mainly people that say what is a catch? the internet is absolutely smitten! 600,000 people have watched the video of the happy hound. which works out for one for every democrat running for president. just dropping it down in writing to the bottom of the stairs. still not going to be commander-in-chief.topic number two. let's go now to mississippi. where there is no margin for error. when you are training the lizard shall we say? wow! look at that.

that is a real lizard. animal control relates this to warn the country of the dangers of storm drains. because in any other state this is the creepiest thing you can ever do but in mississippi, this is dinner time. the only crock they are afraid of are the shoes! and rightfully so. truth be told, they're not scared of gators in florida neither! so because all of the gators are whacked out on bath salts. i will however, be the first to admit this was not the craziest video we've ever seen. but it was nice to see someone going down the drain besides elizabeth warrants campaign. like an anti-vaxer. -- they say sausages contain meat that are not declared on the label in canada. it's a shocking story.

scientists think people read nutrition labels on sausages! that's funny. canadian scientists tested 100 sausages there will label as pork or beef and get this, 14 percent came back as chicken. turkey, horse, sheep and goat! if we're being honest, sounds like a bunch of scientists got caught barbecuing in the lab and so we are testing sausages! and they conducted a second study looking for volunteers right now. they have so far one applicant. i will go get my own things and there it is! we do not know his name but the scientists say the new volunteers a real good boy. i like sausages. you know what they say! topic number four. topic number five! there it is! topic number four.

whatever. i do not need to count. i just talk. they say a broken clock is right twice a day. this is time for viewer mail. this kicks it off with please keep embarrassing yourself! okay! idk says, there's something well with you. i know! i keep looking for something right. mixed up mixer man asks, what happened to you? god! you are awful! baby, i could have gotten that letter in 1992! murdoch present home with, people actually watch your show? hilarious! >> yeah, me and your mom. i will evbe right back. ♪ you got a side that loves that style, ♪ ♪ but to fit in those shoes gonna take awhile. ♪

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[heartbeat] kennedy: how is that for

thursday night? you for watching the best hour of your day.

follow me on twitter and instagram. @kennedy nation on facebook. email on fox business.com. stay right here. our national security, the soundness of our dollar, the wealth we create for generations of americans, the sovereignty of our nation, all at risk in the high level trade talks now going on between the united states and china in washington. and none of it frankly looks good for the good guys. from the talks come word that there are principled agreements as they are called, principled agreements between the two delegations. no word on what has been agreed to in principle or otherwise. there are also memoranda of understanding, six of those, and it hardly matters what they coai