we get a lot to talk about this week on this show, shore has -- story has turnenenenenenenenene. judge nap in for kennedy is next. >> thank you trish, house democrat turn up heat on trump, new subpoenas and push for impeachment proceedings, but president said he is not wore, judge andrew here in for kenne kennedy. tonight house speaker nancy pelosi held a conference call with her party members to try to plot a course forward, we're told democrats are all over the map on this some think this impeachment proceedings are too risky and might not work but we hear that max eine waters all in yesterday on fox news sunday,

adadam schiff said that evidence it there. >> i use words in plain sight, i point to meetings in trump tower that don jr. and kushner and manafort took, what more clear intend to collude could have you than russians offering dirt on hillary clinton, not thaty this found of lack of evidence of all things that i talked about, meeting did take place, they did offer girt on hillary clinton, the fact son did say he would love to have it president son lied about it, the i all facts that i set out are proven. >> on other hand, white house said that is a bunch of -- we'll call it bologna. >> which is this ridiculous investigation that cost us 25 million over 2800 subpoenas, 500 witnesses, a million plus pieces

of paper produces. >> the country deserves better than when the democrats are offering, they are an embarrassment to their party and public service. >> president said, he has nothing to worry about. >> you are worried about impeachment? >> not even a little bit. >> not even a little bit. impeachment is very dangerous at least politically. remember back in 1998, bill clinton's impeachment hearings backfired for republicans, they lost big in the election, that was held in middle of it, it is wise for democrats to go down this path, joining me, real clear politics associate editor my good buddy, ab -- welcome to kennedy, judge napolitano standing in. >> thank you for inviting he. >> it nancy pelosi still hurting? he has hard lefties who say,

your constituents' it. >> it was hard before the mueller findings judge, because you had people like talib coming out, saying we have to impeach him because i don't know he is unfit or you know according to her qualifications. once a mueller findings came in and everyone looked at the obstruction. collecttion findings many aides stop the president from getting rid of bob mueller, thwarting probe that showed clear intent to obstruct. as you know, you are still obstructing if you are not successful. so the problem is, that was a discussion on call today with democrats, judiciary commie i democrat are being asked by their supporters, their voters and constituents why are you not moving forward with impeachment, it is constitutional duty of congress as a separate and coequal branch to be remedy when

a city president can't be indicted. you have to proceed, even ifs constitution a not provided a political convenience exception, this is problem people say it does not matter what w lose powr but preserve the system. >> i agree, with what you said, but do you believe what adam schiff, impeachment will fail without a broad bipartisan consensus, at this moment, three days after the redacted respect camreportcame out there is no sp consensus,. >> i agree, with that assessment and yours. senate would not move to convict the president. no moral victories here, this would provide a an acquittal for president trump to run on next

year, attorney general barr weighed in on this it has been interpret by president trump as an exoneration. and this really i think precludes and prevents any impeachment from being quote unquote successful. >> will the democrats try what samisamsam and peter did to parl witnesses against the president on national television to try to build up a national concensus for impeachment. kennedy: for. >> you don't start with the end, which is what happened in bill clinton, in case of watergate, all hearings led to the support for impeachment, he resigned. but they will do say that impeachment on table like in war, you say it is on the table. every weapon, but, they are do as say sou subpoena barr and mur

if they have to. they will drag them through the answers to the questions, they believe it will tell a full story. that the mueller report with redactions and narrow mandate has not yet told. >> last question. can mrs. pelosi herself alone stem the tide if there is a tide for impeachment among democrat in house. >> it depends on what we find in the hearings. >> great, thank you so much. >> thank you. >> president today lashing out at reports that only reason he was not charged with obstruction because his aides deli deliberay disohdisobeyed him. >> nobody disobeyed my orders, had. one of those people, don m

mcgarn. >> president told him to fire mueller but he refuses, join me -- jerry nadler subpoenas mcgan and said he is a critical witness. requesting others to do the same. ranking republican fired back saying in a statement: >> don mcda mcgahn at for more n thirst hour30 hours of intervief

our panel very familiar with sousubpoenas after that length. emily. and fifth column podcast malwelt welch. and cliff. >> of president saved. because his aides did disobey him did not falsify documents. and did not fire bob mueller as he asked corey lewandowski according to mueller's report and don mcgahn to do. >> you can make that argument. however if that were only reason that he was saved, then there would have been a different conclusion reached by and in the report.

in circumstance of totality. >> is there enough leverage for democrat, as a band i were discussing, live cliff to parade wenwitness after witness. taylor testimony. that donald trump has to go, we within wait until election of 2020. >> i would say no, that is what this respect was about, trying to -- report was about, digging in and finding the facts in case, is it not time for democrats to move on, there are so many other things to focus on, endless debt and war. >> they love that. very few people defend civil liberties this day.

do you think matt that democrats will try to develop this national consensus by the sam ervin model of went after witness. -- witness after witness. >> we don't live in that world. i don't think in our partisan -- we have right now we have that. i think we'll see a lot of witness after witness particularly when president open miss yap, and says something as stupid and wron wrong she he sas everyone follows my orders. dpem yeahdemocrat will illustra. who do you believe more robert mueller or donald trump, i am

believing robert mueller. >> did barr do a disservice to himself with the 4 page surgery that use a word that does not exist in the law, exoneration and fail to give full flavor of the report. >> he was complying with department policy it was an itratio -- itration of conclusions, it raised so much effort and resourcing every subpoena or every, re quires a vote in a subcommittee. >> you talking about seep -- they want all of his notes. >> pow tor compe power to compe. moving forward there is a potential for it to be mired in ours. >> you have a report that alleges that president committed crimes, only reason sh he is nog

prosecuted is because he is president, and justice deputy department has 3 opinions. and other is bill barr has a narrow view of obstruct obstruction of justice that the be on vehiclobstruct or must had a crime to hide. >> it reminds me, of the republicans with onc weapons ofs destruction under bush, you are so obsessed with some issues. it is such a par a partisan issu lose sense of reality, i am worried that democrats are so fixated to tearing down boat. >> do you remember how

republicans tore down bill clinton, and got clobbered. >> here is the problem if there is no underlying crime, there sudden in this case no matter what adam schiff wants to twist it, i don't think that american public would get behind an be on vehicle yoobstruction case, if d trump is shown on a daily base he lies and acting boorish andup corrupt way. which is what mueller concluded, if you remind voters they will punish trump and people who turn water for him about panel returns in a blight, later. i'll give my legal take. >> but first. no surprise. elizabeth warren unveiled a new proposal to an sel cancel studen

det debt for millions of americans. six months, six pushups ready. up. up. down. down. ah ah! that's one. up. that's two. down. down. get down, get down.

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boat warre--senator war warren g free college, and canceling student loan debt for 42 million young americans. >> anyone who has got outstanding student loan debt, so long as there are income is under $100 thousand, steps in up to no help for anyone who family income above 250 thousand that is it the debt is gone. judge napolitano: saying would create one time cost of for government 640 billion. who'll foot the bill? to discuss this. reason.com managing editor peter suderman. welcome to kennedy, what do you

think of this, where is she getting the money? >> answer to that question, she said she will do this through a we'la-- wealth tax, developed ft worp countrit doesnot raise tha. rich people figure out how to not pay it. they take their money elsewhere, that creates' second problem, you are not raising much money with this tax but you also taking capital and moving on it out of your country, people who want to start businesses create jobs, that money goes elsewhere, financing mechanism is kind of a cheat, there is a bigger problem to me, elizabeth warren

positions herself as a kind of a defender of little guy, she announced her presidential campaign, she said she was fight for american families who were again the system of that rigged for the wealthy and well connected. where do you go to get wealthy and well connected in united states in 2019, you go to college, she is arguing for a hand out that pays people who have gone to college, gotten wealthy and connected. if you can't to college on average you make a million more in our lifetime. judge napolitano: do you think peter she has considered the cost of this with the cost of other things that she wants? like raising minimum wage. like guaranteed jobs, like medicare for all. like green new deal. she'll have us experiments with socialism, that will fail it

will be a nightmare. >> telling if you look at her policy plans, she said i can pay for these, she says, i will give her credit, she cm specifies a y for, but she uses that wealth tax to pay for just about everything, also pays for a new program to subsidize child care. suggested that wealth tax be be ago youd to fund med car ar full that -- medicare for full that 32 trillion. if you get all this money out of wealth tax you get less than 3 million over a decade -- less than 3 trillion over the a decade, she gets some credit for saying here is a payment mechanism, but also a dong, she is reaching to same pot of money many times ts to pay for multipe things. judge napolitano: i think she is trying to be super hard lefty of

all of them, even more than bench berbernie sanders, i thine believes that there are slow thes there. >> coming up, brin trump administration computers squeeze on iran but will american pay the price at the pump? my take on this after the break. ♪ limu emu & doug what do all these people have in common, limu? [ paper rustling ] exactly, nothing. they're completely different people, that's why they need customized car insurance from liberty mutual. they'll only pay for what they need! [ gargling ] [ coins hitting the desk ] yes, and they could save a ton. you've done it again, limu. only pay for what you need.

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judge napolitano: their american presidents have been subject to impeachment proceedings, in if donald trump does not support to 4fourth would not be for lack -- after the investigation

president said to have ordered staff to hide and delete e-mai e-mails. to their credited and president's good fortune, they refused. mueller report makes it clear that president obstructed justice while highlighting special counsel uncertainty over whether he could be charged with those crime, for that reason mueller team decided to not make a prosecutial judgment. to barr. thus in barr's eyes since then candidate trump did not commit crime of conspiracy with russians to receive a thing of value for his campaign it was

impossible. barr stance at odds with vast majority of law enforcement officials who believe that the obstruction statute prohibits all attempted interfere an with government investigations an proceedings for a self serving purpose, that lead to 64 thousand question from democrat they know from history impeachment only succeeds if there a broad bipartisan knabe national consensus behind it. they might try to develop that. as we have been discussing tonight. by parading bob mueller's witnesses through public hearings, like they to nixon that ended in nixon's resignation. but one might recall that when republicans employed same strategy to impeople bill clinton is backfired on them, they lost control of congress,

president trump has been telling and tweeting anyone who was listen, he can't be impeached because hig he was not charged h a crime, but would to be a crime for democrats to let him off the hook with this much evidence to table. joining us from cato institute, one of smart of constitutional scholars i know, illiot shapiro, where did i go wrong in my analysis. >> you know, i am surprised that you are defending overzealous prosecutors so much. at the end was day, you say is mueller and his team you know you defer to them and other prosecutors, who as long as they have money to try to make a case, you are find with them indictinindicting a ham sandwicr

whatever, i am with yeah trump acting in a weird way, but at end of the day he is trying to be bbe -- obstruct nothing. there is no underlying crime committed this looks bad politically but legally, i don't know that this is criminal. judge napolitano: martha stewart, as we know, you know, she was convicted of obstruction of justice in an investigation of whether or not she had been engaged in insider trading and convicted after the insider trading charge against her was dropped. i give that you example in part because you raised it. and the tappe attorney general s a minority view in law enforcement. were you surprised or scandalize

to learn that trump asked mcfarland to falsify a document, and mcgahn? >> don mcgahn turns out to be mvp of the administration, you step back further layer, if president, as i believe was within his power to fire mueller, like the saturday night massacre, bad politics but legally within the executive authority. you are right, there is some you know shady obstruction-like stuff but final step not completedded. >> justice department three opinions on whether or not the president can be indicted in office, where are you? >> probably really depends, at this point, in democrat court to see if they will investigate.

are they going to impeach. judge napolitano: thank you so much. >> my pleasure. judge napolitano: president trump gets along with iran as well as hatfields with you know the mccoys, today, he escalated that feud, this is not a family feud, but a serious feud. the move was to cut iran's income by bringing oil import to zero, secretary of state pompeo said, they will stay until they are certain and they are clear that tehran gets its act together. >> with announcement today we made clear our seriousness. of purpose. we are going to -- how long we remain there. depends on the islamic republican iran seep why are leaders. judge napolitano: you knew something like oil prices spike

on that news, concern that tough talking come back to hurt americans at pump, chinese government announced the decision but president said he as no choice, tweeting -- iran is being given bad advice by john kerry. helped him lead u.s. to very bad iran nuclear deal, a big violation of logan act, question mark. is it a good business by president to go after iran? joining us our panel. cliff? should we be telling iran they can't sell to ally or sell to adversaries leak chin like chind turkey. >> if goods don't cross borders we know troops will. to this point we try to dictate and use sanctions, haven't we

learned these types of policies don't work. problem that president trump, i think his instincts of america first are good, i'm one for bringing troops home but he surrounds himself with the -- they will continue to push this toughness, sanctions to mee are a weakness, not a toughness. judge napolitano: have sanctions ever hurt the people that make the decision in government. >> 1 in history. academic study clear, only argument he could make is south africa. he had universal international agreement, trump right now is making allies in france and germany furious with this. and he does not have end of cold war that helped with imperial withdrawal. judge napolitano: when guess prices go up at pump, president will hurt his open. >> he is, as long as it a

temporary spike, they could get over that. people would be pleased we have a couple years left until next election for him to make him to apply that and also to your point, with united arab emirates and saudi arabia and others technically onboard it remains to be seen if this is risk i, i like that this president is closing loopholes that previous administrations kept furthering and that other country enjoyed. enjoyed. i think it is interesting it new we'll see. judge napolitano: before he get to jussie smollett, did you catch that thing at end, is john kerry violating logan act? >> why do we bring up loyal an logan act? has been been prosecuted for this. >> no. they have not.

judge napolitano: here is something, what if jussie smollett has been telling the truth, this time? that is the question that is being asked by his brother. and. questions public reaction prosecutor dropped all 16 charges again him, chicago police chief, eddie johnson and mayor rahm emanuel killed that decision a white wash of justice. but elder smollett said this struggle it real, writing in part, jussie smollett is just as strong as iron but following an attack like this. a normal and natural attack of post trauma, i have seen him awaking from night terrors pulling the assault. it has been left with skepticism just days after chicago state attorney kim foxx came under fire for continuing to meddle in the case.

even is after she supposedly recased herself. -- do acting skill run in family? you have seen people in courtroom like this. >> i think, i am not sure about it, if this brother depend defes brother or a brother who has also been duped. this. judge napolitano: matt, i don't know if he did it or not. evidence seems strong that he did. but if government does you a favor should you just go home, just continue pounding the table like this. >> really go home, finish your subway sandwich, when she still hashe hestill had in his hand ar being attacked in subfreezing weather in chicago. nothing made since when it came out, and evidence evidence

points in condirect. judg-- one direction.judge napos play for young people, do they look at him -- or as a jerk? who crafted a horrific made up crime on himself to enhance his career? >> i would hope young people could see through this say this is bologna, this is bs, a police chief and mayor who antifi with -- over with the antia maga crowd who say there no way this truth. this dall -- dally legitimizes cases. >> they investigate this crime with utmost seriousness, perhaps in parts because he is a public

person, i never heard of him before, but he was well-known and well liked. >> chicago did not cover itself in glory as per usual in their criminal justice system, it was amacy fromess from the beginnin. >> emily, matt, cliff thank you. >> aming up, immigration debate continues, to intensify. two big questions, can the census ask you whether you are a citizen, who is paying for immigrants who have answered, my buddy christian tate will join me next to discuss. hello christian. oh, yeah, that's gonna be a good one. ♪ (playing) did you know that nationwide has customized small business insurance? huh-uh. maybe that's a song. yeah, maybe. (peyton) did you know nationwide is america's #1 provider of pet insurance, farms, and ranches? now that's a song. yeah, maybe.

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is costing us, costing americans 116 billion in 2017. findings heighten tension tomorrow when supreme court hears oral argument in a case that will seek to determine if trump administration can put a question about u.s. citizenship on 2020 census. 3 lower court judges ruled against the question saying it would spark fears in a noncitizen family. and that their trump administration did not follow the law in manner in which it put question on there. how the high court will rule is anyone's guess. but time frame for a decision will be tight. because this census bureau needs to know by the end of june. whether the citizenship question will be included or not on the 2020 form. joining me now conservative and libertarian columnist, author of

how do i tax thee. christian tate, welcome to kennedy, you are stuck with judge napolitano, i am so happy you are here. >> so great to be with us. judge napolitano: what business is it of the government, what nationality is of toom people living in a household. >> not asking that question prevents us from getting information about citizens and noncitizens ash cros across cou, which is critical in allocation of federal funds and just for having an intelligence debate nationy. republican say this democrat fight this tooth and nail they think it could endanger their house majority, large numbers of undocumented people, and noncitizens live in states like california and other deep plu parts of country, they could have more representatives in

washington. if you add this question, it could result in liberal state like california having few are reps, new york time study found california and new york, each lose a seat. judge napolitano: make sure everyone that watching and listening, understands the baseline. the census counts human being legal, and illegal, does the trump administration' it not to count illegals? it is somehow going to deduct those numbers from absolute count? >> no. the string wants to know how much citizens are in the country, and how much noncitizens. and there is actually an argument judge to be made that having this information could in fact help immigrants as well. because if we know the areas of country why there are large pockets of immigrants legal and illegal it would allow policy

maker to know where to direct funds for programs that can know help with civics classes and personnel to help with naturalization. judge napolitano: is the cost of illegal immigration so expensive because too many people are coming here in or because we have such a welfare state that gives money away to everyone? >> first, i want to say, i'm a libertarian, i want more immigrants coming to the country. >> god love you. >> i don't want waves of people coming in who depend on u.s. tax payers. when you look at this comment, i think you can't just say his views should be applied to finds test the program like food stamps but to the entire redistribute the state, in transfer state, government taxes middle and high income earnings and transfers, to low income

earners. we need to dismantd el well tear state before we talk about opening the border. judge napolitano: i'm not holding my breath on that one thank you christen. >> thank you. >> coming up, former president bill clinton use saturday columbine high school shooting memorial to call for streke -- n control laws. -we bought a house in a neighborhood with a lot of other young couples. then we noticed something...strange. oh, could you, uh, make me a burger? -poof -- you're a burger. [ laughter ] -everyone acts like their parents.

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judge napolitano: former president bill clinton jumped head first back to gun control debate. he said, american schools and churches had been transformed to war zones of automatic weapons and explosives, it is still happening. but does not have to be this way. his calls of begin control ahead

of president trump's third appearance at national nra convention this weekend. will attempting ta take guns from people prevent school shootings? here it discuss crime prevention research center, my friend. john lott. when will liberal learn when guns are outlaws only outlaws will have guns, it happens to be true. >> look. terrorists, criminal, want to go to places where victims condition defend themselves does not take rocket science they can accomplish is or easily that is where they are go to do it. president clinton proposal seem to make costly for poor people. he was pushing the universal

background checks, his op-ed. there is not one mass public shooting this century that would have been stopped. >> on other end it true all mass shootings this this country would have been stopped sooner had anyone been there armed and trained to use the arm? >> that is right. i can give you dozens of cases in last few years, mass public shootings have been stopped by people who concealed hand go up permits -- handgun permit, important thing to to get someone on scene quickly. when civilian with guns stop these, actions they get virtually no news coverage, hardly any outside of local area. my guess that whole debate would be different if they did. but, you know, you refer to

president trump as a gun rights person. i view it as he is a violent prevention person, what is the best way to try to do this, it bothers me a lot somehow people on left are described as against violence and people on right in favor of gun right, reason you want people to own guns is not because you have a fetish go guns but you want to make sure that keep are able to protect themselves, prevent violence. judge napolitano: i wish that left and editorialist, accept that. john lott, thank you. >> thank you. judge napolitano: we will be right back. i can't believe it. that there's a lobster in our hot tub? lobster: oh, you guys. there's a jet!

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it's nice. ♪

you got this! ♪ woo! ♪ ♪ ♪ judge napolitano: thank you for watching tonight, you can follow kennedy on twitter and instagram, kennedy nation, she loves her e-mails. make sure you watch my show, liberty file, on fox nation, you get the app but it is easy to do tomorrow here, catherine ward, johjonathan hoenig and dave smi. from new york, defending freedom every day of the week, sitting

in for kennedy, so long america. the following is a paid advertisement for the bissell crosswave pet pro, sponsored by bissell. [music]