maduro's time is out, it is. judge andrew napolitano for kennedy, are a terrific night, a great show, judge, see y tomorrow. judge napolitano: thank you my dear friend trish. hillary clinton speaking out about special counsel robert mueller report, former secretary of state calling for justice department to release unredacted version and saying mueller report is just the beginning. judge andrew napolitano in for kennedy. today, trump son-in-law, senior adviser jared kushner raised a lot of eyebrows, including mine with comments me made about mueller report, saying that was whole investigation of kind of nonsense and that russia investigation has been more damaging to united states than

putin's meddling in 2016 election. >> you look at what russia did, buying facebook ads it is a terrible thing. i think investigations and all of the speculation, has had a much harper impact on our democracy. judge napolitano: kushner's afford to diminish russia interference is deceptive, this involves more than purchase of facebook ads. from mueller report we know that russia made contact with multiple members of trump campaign, attempts to change american policy and promote russia objectives and received campaign polling data from a member of trump team, and discussed possible business deals and dirt on hillary clinton, they conducted cyber is -- espionage. they send operatives to american

to look the landscape, they broke into state and local elect computers. some have been indicted main were not. russians are still at it. so was the ensuing investigation worse for the nation? than all of theti illegal and sy stuff a just listed. with me tonight republican senator mike lee. senator, a pleasure, where did kushner go wrong? saying that investigation harmed america more. >> i can't imagine jared meant to say that. i get his point. look, this investigation went way off the rails, and investigation itself did some harm, i think there were aspects of the report that were weird. but as you point out, what russians did to us tried to do and what they inflicted upon us

was horrible. judge napolitano: should barack obama have known what the russians were doing? >> they did know. why they didn't stop it, i don't know, we were warned in 2012 by mitt romney, then running again president obama. the fact that the russians did not minus well. and -- mean well for us, we know that president obama knew some of this was going on, judge whyt she stop it? we has to tells us that answer, he has not. judge napolitano: why is this he sometimes rejects advice of intelligence services, does he still feel victimized by them. >> perhaps, i really don't want to speak for him, but i will say i find it refreshing who a president is not a yes man for will intelligence agencies, some they do pad things and spy -- bad thins and by on american

people, violate 4 amendment rights of the american people. >> he will say fisa court is a joke. nsa spies on every all of the time. is there a chance that fisa will go away. >> i would love to see it go away. i maintained for 8 1/2 year we need massive reform to section 702. when you can sweep up so-called incidental. you can search that database that say problem. judge napolitano: does the intelligence community have dirt on members of congress? does it use that as an instrument to keep the budget spigot flowing. >> when telephone technology first evolved it became a tool for political espionage.

the committee concluded it had been going on for decades, gathering agency, had been used for mit mitt -- political -- ofl this surveillance tools they have access to, why would human nature sudde suddenly halt. judge napolitano: does congress know that members of congress are being spied upon by the intelligence community, our late friend, justice scalia said he knew that court was spied upon. >> i find it difficult to believe it was not happening. interesting, on occasion you have a colleague, i have colleagues said,tion w should we something in place po prohibit them from doing this to members of congress and court. judge napolitano: but not the

rest of us? >> my response is, yes, but why would we not put in place protection for every american. judge napolitano: i will talk to you about something, hang on. about your new book. which i love, our lost declaration. america's fight again tyranny from king george to the deep state. i believe most critical feature in constitution, designed to prevent tyranny is separation of power. profoundly differing responsibility of each of three branches of federal government were to keep each business out of other two.

does anybody in the senate where you work, still respect the constitution? >> yes. i would maintain that most members nearly every member, i would say respects the constitution, they draw near to it with their lips, their hearts are sometimes far from it and their votes. i mean by that, a reason why i wrote it, one of reasons constitution provides prai fram, the declaration is the picture, our concept of liberty. judge napolitano: we know what jefferson right, our rights are inalien able. they reques cannot be separated. >> they believe it but they don't vote in a manner consistent with it. there is a lack of conviction. judge napolitano: have you written in your book.

the consent of government is linchpin. >> people consent by living and breathing. judge napolitano: i did not vote for this government, i did not consent to it, do am -- am i still bound. >> until it is destructive of those ends, in that respect they consent to it, we're really flirting with disaster any time we allow government to -- expand. we need to pull is back. it involves our rights. judge napolitano: i tell you how the revolution can start, reading your book about origins of the declaration of independence. >> thank you. judge napolitano: since the

release of mueller report democrat have been grappling over the word impeachment, as of now house speaker nancy pelosi is pushing back on the idea, many in her party are staying tight lipped. but some 2020 presidential candidates are more than ready to give their opinion,. >> i think we have good reason to believe that there is an investigation that has been conducted that produced that every tells us that this president and his administration engaged in obstruction of justice, i believe congress should take the step toward impeachment. judge napolitano: a few days ago her massachusetts college, senator warren said the same thing, but good old vermont senator bernie sanders, said the plans could backfire. >> if for next year, year and a half to heart of the election, all the congress is talking about is impeaching trump, and trump, trump, and mueller,

mueller, not talking about healthcare, and all of the issues that concern ordinary americans, i worry about is that works to trumps advantage. >> works to trump's advantage, others, south bend indiana mayor pete buttigieg takes a more wait and see approach. is it wise for president's rival as to grab the pitch networks? tonight panel, katy o pavlich. and america in age of trump coauthor. jessica ta -- is bernie right or congresswoman maxine waters right. >> she also says a little bit of wait and see since nancy pelosi came out and said, let's let the

committee investigate. i think that bernie is correct. you look at where they were polling for democrats it was number 12. and having seen mueller report they change with case laid out for obstruction of justice, i know there are a number of democrat who fell like i need to see the mueller report, now more clear. but we need to run a campaign on healthcare and issues that matter to americans, let over site do their jobs. judge napolitano: what is -- i know congress is out of town this week. maybe you have not had a chance to put your finger on pull of congress, what do you could attitude of republican members of republican congress is, is more mitt romney but i don't want to say it out loud or hey, democrat had their daytime for pages to turn. >> time to move on.

are they going to issue 2000 subpoenas and interview 500 people. what would they find that robert mueller did not. there is a valid reason for congressional oversight to happen, but if democrat say we'll get to bottom of something that rob ro robert mueller has investigated with millions of taxpayers dollars and resources, they are not likely to find anything more than they already have, the question is then, are democrats are interested in issues that got them elected in house or 2018 or continue to path to far left. judge napolitano: dave smith, in your view, donald trump should be impeached but not because of anything with mueller report, because he killing people in drugs, and waging a war in yemen. >> yes, how did you know.

>> live this libertarian party. >> i would be happy to have donald trump tried for war crimes and have obama and george w. bush but that will not happen. he has been trader h trade -- tr being a puppet of russians this say losing political effort this only people who are desperate running for president, polling in single digits. >> can mrs. pelosi keep a lid on the hard lefties in the house who believe their base wants them to go for president's jug - jugular. >> i think nancy pelosi can -- i don't think an issue of stopping it, but an issue of tempering it, making sure everyone runs race they need to race where they represent people, she told

pro life democrat for 2018, run as a pro life dem. people if you need to bash me do that i'm not making a judgment. and to a lot of people he laid out a case with 10 points of be on obstruction of justice. >> panel returns, lawsuiter in show, but first. one democratic candidate says, she would issue an executive order on gun control in her first 100 days in white house. did president trump set a dangerous precedent by by passing congress on immigration? will his economist order come back to -- republican. coming up. ♪ limu emu & doug

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judge napolitano: 2020 presidential hopeful senator harris claims she has a plan to prevent mass shootings, and laid it out last night. >> upon being alleged -- elected i will give u.s. congress 100 days to gets their act together

and have courage to pass the reasonable gun safety laws, if i don't, i will do it. judge napolitano: threat of executive order to change the law is new, maybe president trump who opened this pandora's box, he signed an executive order in february to declare national emergency to get his funds for border wall after congress refused, many of us protested at the time. lawmaker warned it was a slippery slope to more presidential power. did current pave way for future presidents to over flex their executive muscles, joining me, catherine, am i wrong with this. >> you going wrong in not going bigger. donald trump with his executive order, expanded power a little

bit on that margin, but i believe his predecessors have been more ambitious than he was, we've seen that with president obama opened door with his own executive orders on immigration. judge napolitano: are we in an era now where congress have given so much power to presidents whom they like, democratic to barack obama, and republican to george w. bush. probably to fdr, but more troublesome today, are we in an era now where president can ignore the legislative branch and govern on his or in case of senator harris, her own? >> unfortunately i think that is where we're headed, what is more, i think harris a tone in the sound bite is so telling, she using tone of you know a parent who says, i am going to turn this car around if you don't behave. idea that congress is the lesser

partner in this relationship, that is really i think an unhistorical and dangerous one. judge napolitano: i am smiling her california colleague, speaker nancy pelosi, when president trump said i will spend money. said, if i were president of united states, i would declare a national emergency of gun violence. now, i don't know she was being intellectually honest or make a point. you can't avoid making the point. no president should have the power to spend money that congress has not authorized no president should have power to change laws on his or her own, that is high school social studies. >> it is. i think there this shift happening that been enabled by complies en and complaint past

congress, there a desire to abdicate responsibility, congress does not want it to be their fault when things go wrong, they would rather be one to take blame, nancy pelosi, i don't love as allege later but are you to give her credit for holding strong. judge napolitano: catherine thank you so much. >> thank you. judge napolitano: coming up, mirant on how federal government making a mockery of constitution with mass surveillance program. >> and joe biden is about to reveal the worst kept secret in the world? is he the democrat best chance? the last best chance to defeat donald trump? the panel returns to discuss right after the break. ♪

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judge napolitano: how bad, how inesh iis mass surveillance that

government on americans. there was a time, that i said i' everyone in audience to keep their m mobile device on so that president could hear what i sa said. most people recognize that it is here. foreign intelligence surveillance court established in 1978 to regulate and control federal government appetite for spying on americans has become a facade, president's give impression they seek warrants. but in reality, your united states government, engages in surveillance on everyone, everywhere all of the time in the united states this was all brought to our consciousness two weeks ago when british

government kidnapped julian assange, fed spy on everyone and lie about it, then they seek to arrest and prosecute someone who exposes them for it. the day before assange capture, attorney general of united states, testified under oath that the trump campaign was spied uspied up on know, he hint may not just have been fbi that means domestic or foreign intelligence agencies. and the record from fees fisa c, he was talked out of doing so by israeli, bri british intelligen. i have long criticize the fees fisa court. the constitution says, everyone

knows, no search warrants without probable cause of crime, fisa say the that search warrants can be issued on probable cause of communicating with a foreign person, call your cousin, your bookseller, your favorite hotel in europe, your fafavorite foreign friend in united states, feds have right to monitor your. the constitution bedamned, whether this mass surveillance keeps us safe be damned had. they are finishes up on potential of fisa abuse right now. join me now to discuss this, former nsa technical director, my good friend bill benny, congress to kennedy. -- welcome to kennedy. >> thank you.

judge napolitano: senator mike lee who shares our views of pervasiveness of surveillance was here, i asked him if most members of congress were acare that nsa spies on congress, without telling what you he said, i will put it as a question to you? does nsa spy on congress and on the federal courts? >> the answer is yes, we have an nsa whistle-blower, who said he raid some communication of the members of congress, and members ofs fisa court, and members of the federal judges. plus supreme court members, and joint chiefs of staff. so yeah, they do spy on everyone. judge napolitano: justice scalia asked me not to tell this, he is no longer with us, i don't feel bound by our agreement, sorry. justice scalia said he was convinced that court was being spied on, he said something that i think you probably agree with.

the spies is so pervasive that spies spy on themselves, does nsa stay o stay on the -- nsa sn the cia. >> yes, and visa versa, they really' to know what each other is doing and what information each other has, they can request it and see if they get it, you know so, it a matter of testing well they are being honest with each other, they lie to each other all of time. judge napolitano: if i right in suggesting as i did in the long inproduction to your segment. that fisa court is just a facade that the nsa used to give itself some legal legitimacy, but it does all spying all of the time, if i am right, does the fisa court itself, judges on that court, know that they are being duped? >> actually, i would say yes, they know that. because they have caught the fbi lying to them for warrants, and

they caught nsa violating their instructions, they also had just reggie walkin in 2013, senior judge said at that time, after the snowden material came out. they have that general warrant issued to verizon they said we have limit the capacity to validate what agents are telling us, they are just rubber-stamping requests. judge napolitano: last question, does this surveillance keep us safer? >> absolutely not, it makes the analyst disfunk -- disfunctional they can't get through the data, they pick every pieces afterward, like they are forensics. judge napolitano: bill benning thank you so much. >> my pleasure. judge napolitano: only 5 vice presidents have gone on to be elected president, joe biden is hoping to be number 6, thursday this week he is expected to formally to lauren his 2020

campaign. -- launch his 2020 campaign in a video message, then he is expected to hold a rally in a union hall in pittsburgh monday, his biggest 2020 democratic rival bernie sanders has been a dc outsider but now he tries too separate himself from crowd of democratic feel, last night, he defended his stance that every inmate, even terrorists like boston marathon bomber should be allowed to vote. >> if someone commits a serious crime, sexual assault, murder, they will be punished. they may be in jail 20 or 50 years. that what happens when you commit a serious crime. but i think that right to vote is inherent to our democracy, yes even for terrible people. judge napolitano: no other 2020 candidate has come out for the right of all inmates to vote. but some have said they are open to the idea.

so is this a winning issue for bernie. panel is back. dave to you, do you care if inmates vote. >> yeah, i don't like the idea, older i get the more disgusted with democracy i get, i wait idea of other people voting on your freedom to begin work buviolent criminals get a say in how we organize society, why is the right to vote -- if you are stripping someone of their natural rights, why would right to vote be preserved. judge napolitano: i agree, but half team in jail down belong there. >> fine, and kamala harris, an aggressive prosecutor like yeah we should serious let's look at this how about not throw people in jail who don't belong there to begin with. >> that would be great. >> did bernie just come up with this. >> the student who asked question came up with it. judge napolitano: cory booker has toyed with it in new jersey.

>> yes. we have gone through the idea of restoring rights after incarceration. but surprise was boston bomber angle. there has been analysis today saying if this was phrased differently, just people who are incarcerated understanding now on right and left we agree half of prisons are full of people who should not be there to begin with, we would have a different conversation. judge napolitano: do republicans' to get into this. >> oh, yeah. judge napolitano: is this an issue for republicans as well, restoring the right not giving then right to vote in jail. >> i think that republicans are open to a conversation about restoring people's civil liberties and constitutional rights after they paid their debt to society, but question is, why does this apply to voting but not second amendment, you get to questions about fairness, and restoring you know separate issues, depends on what violence crime you committed, point is that if you commit a

felony, you are in prison, you have to have a consequence for your action, where did bernie get an idea there is a constituent see for felons voting from prison. >> politically peakin little pos a losing issue. >> there pro precedent for this conversation, in 1958 there was a supreme court ruling talking about citizenship -- and that can be applied to right to vote. judge napolitano: i want to get to what katy said, i never looked at the this this way, this is fascinating, i have a friend a lot of us know, who spend time in federal prison for a financial crime, before he went to jail he was a master marksman, he can't go anywhere near a gun now, even though his crime was farthest thing from

violence, i don't think he commit a crime at all, should gun rights be restored as well as voting rights. >> i am open to, that the way i thought about it through lens of people who commit domestic violence, that a concern. judge napolitano: but nonviolent. >> you paid your debt. >> i think you come out of a client person. >> i am not -- not for restoring felon's right to buy guns for record. judge napolitano: even if they were in prison for a financial crime? a master marksman. >> i think there has to be consequences for breaking the law no matter the law was. if you get to at thi tit-for-tau make decisions that unequally applied to other them. judge napolitano: taste could take off your democracy stinks hat, is there any constituent sesee for what bernie is.

>> if you talk terrorist. judge napolitano: how will bernie gain votes? >> >> because it won't matter, bernie sanders has all socialist street cred. >> bernie sanders argument he makes in question was presented to him, i say, that but above the about the bomber family, the family was given a lot by american public. a lot of benefit from the country. >> before this happened. >> welfare, then they carried out terrorist attack, idea he is appeasing people who abuse the system, and then repaid american generosity through a bombing to say politically he wants them to vote -- >> we have to go, thank you so much wish we could stay longer. >> coming up president's once again railing against media and coverage he receives. he also been unhappy of his po

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judge napolitano: so if this whole president thing does not work out. listen to this. launching a fearious twitter assault to media over media coverage of mueller report. starting with favorite punching bag. i wonder if "new york times" will apologize a second time as they did after 2016 election, this will have to be a bigger, better apology, to get on hand and knees any beg for forgiveness, they are truly enemy of the people, i think my next guest wrote this. and president met with twitter

ceo this afternoon, he called it a great meeting, one president tweet in a day saw him taking shots at everyone, cnn, morning show, and scarborough, and "saturday night live." you might know who is coming, certainly entertaining but does president really benefit from fighting with media, with me now, comedian, radio host, and boyhood friend from brookdale school in bloo bloomfield, new y joe pi piscopo. i am filing i feeling in for grt kennedy she wishes she were here. >> she loves you. judge napolitano: how did ronald reagan handle you when you ripped him to every saturday. >> he diffused it. he would have a great since of humor, we talked about it to fox nation show. he invited me down to white

house. i was like a democrat, he at the time. judge napolitano: you were a democrat. i'm pretending not to know. you might him. >> he was the great, i went to him, and i was like a little kid, i said. i am joe pi piscopo, a new guy n "saturday night live," there was a fire behind him, what do you say to ronald reagan, i said great fire for president, he said, as warm as ever, well, joe, you know we got people to do that for us, like that, graciously, shook my hand, and changed my life into approximately takes, meeting the -- my politics meeting the gip ir, "thegipper," i turned aroun. and staring me in the face was nancy reagan and she said two

words, hello joe. judge napolitano: she knew. did it change the sat at -- attitude of the cast. >> it changes me. judge napolitano: should donald trump in your opinion adopt a view like that. >> you laid it out. did you see how he does that. this is -- yeah, i think -- >> don't tell them when he were like in grade school. >> we were bloomfield, new jersey, andrew was smartest guy in schoolyard, he and johnny vargo caused problem. judge napolitano: to present president. >> i would like to see president donald trump, i support. >> you know how funny he can be. >> she should invite alec baldwin down, he should invite everyone down, i would like to see that. they -- >> if you do that i volunteer piscopo on be the emcee in east

room. >> i will be. i like that. nice to be here. judge napolitano: the use of humor, versus enemy of the people, it hurts me he calls present me of the people, he sounds like an enemy of first amendment. >> when i say on my radio show, if i may. we love you. so, we -- -- >> you play an opera when i come on. >> destinguished. >> i say, i go on air, the president you know should not tweet, he should be presidential, i say, that i get lambasted with phone calls mostly by women, he has to tweet no one will defend him, and onslaught that done against this president, i have never seen before. i have not. she hahe has no defense but to . judge napolitano: do you agree with him when he calls present me of the people, that includes us. >> i know. >> you are a journalist.

>> they get so mean today him, they don't give him a break. in whole mueller probe, everyone is scared, wolf blitzer on cnn is scared, i so scared,. judge napolitano: lawyer make m- all right, make me this promise, when you emcee this, saturday night comes to east room, i will have he in audience. >> i will. thank you that would be great. judge napolitano: our grandfathers works together as drafts men in later teenage years for great thomas edison in new jersey. >> i tollan tolland rieux -- anw that your grandfathers invented electricity. >> i love you too. >> thank you very much. >> social security running on

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judge napolitano: young americans never get access to welfare benefits they are already paying for. >> according to trustees for social security and medicare. who announce monday that cost of social security will surpass income by next year and by 20 35, government will not be able to dole out full benefits unless congress intervenes. they are trying to salvage the program is it worth saving? join me now to discuss capitalist pig hedge fund manager, i love that name, fox news contributor, jonathan hoenig, we're on the same side but you are here to educate people watching us, when fdr came up with a social security he said it will be a savings account, government will hole i -- hold it and invest it for you, what you reach the ripe

old age they will give it to you, what a -- >> there is no savings account with your name on it, no social security account earning interest, there is you gets looted over and over again, 6 1/2% of every dollar you made in hope, promise to loot future generation for your retirement, what is net result? bankrupt, after the tax has been lifted from 2% in 1995 to 12% today. judge napolitano: should americans be surprised that a yuge millennial today, saying making 60,000 right out of college, they have a job like that paying very percentage of social security, where does that money go? to treasure, if there is money in there. and then treasure pays social security, knol nothing is held r

saved, no valid or legal promise that anything will be there for that millennial had they turn 65. >> right. you owork o-- own nothing withl security, just hope that future generations will be looted on your behalf, what is frustrating there is millennial, that young person out of college, making -- 50,000 if they are lucky, instead of pursuing their own self interest, 5 or 6,000 of that income goes to subsidize older generations, we on the same side of this, maybe some our viewers are. politicians on both sides of aisle, almost like look if you said i have a sick patient we have to do something, and you would not trust a doctor who put hand over their ears that is what they do with social security, instead of planning on fizzing it out overtime. they want to keep it moral and

impractical. judge napolitano: when you come back, i will ask you what alternative is. >> thank you. judge napolitano: thank you. judge napolitano: stay with us, we'll be right back. (sobbing) (speaking in foreign language) i'm sorry i don't understand... ♪ help! i need somebody ♪ help! not just anybody ♪ help! you know i need someone 2,000 fence posts. 900 acres. 48 bales. all before lunch, which we caught last saturday. we earn our scars. we wear our work ethic. we work until the work's done. and when it is, a few hours of shuteye to rest up for tomorrow, the day we'll finally get something done. ( ♪ ) when it comes to type 2 diabetes, are you thinking about your heart?

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[laughter] ♪ ♪ "i'm okay." ♪ ♪ ♪ ♪ back. judge napolitano: thank you for watching show, you can follow kennedy on facebook and instagram, and e-mail her. make sure to watch my liberty file show fox nation, george

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