we have a lot more tomorrow, see you right back here, 8 p.m. eastern. judge andrew napolitano is in tonight for kennedy, he is next. judge napolitano: thank you trish, michigan libertarian congressman justin amash has become a lightning rod of convery since he called for trump's impeachment. last week he quit the g.o.p., why is he doing it? what is left, i ask him live. judge andrew napolitano in for kennedy. judge napolitano: congressman amash as been one of most principles lawmakers on capitol hill since winning his seat back in 2010, cofounded house freedom caucus and stood by constitution through thick and thin, but things changed in may, he argued that mueller report demonstrated that president trump was unfit for office. republicans including president turned on him.

then last week on 4th of july, no less, congressman amash shocked political world again, he wrote an op-ed in "washington post" that reads in part. today i am declaring my independences and leaving the republican party. no matter your circumstance, i am asking you to join me in rejecting the part son -- partisan loyalties and rhetoric that divide and dehumanize us. during a parade on same day, in his home state of michigan, he explained his reasoning. >> we see too many people trying to find -- but that means is shallow that leads to hyper partisanship that is driving wedges, truth is that most americans are not political, they are not super partisan, and despite what social media and plain old media might have you

believe, there is more that unites us than divides us. >> far more. but back to calls for impeachment, sunday, congressman amash reiterated his belief that donald trump needs to go. >> from a moral position, she is making a position, from a strategic possession, she making a mistake, if she believes, as i do there is impeachable conduct, she should say so. judge napolitano, of course, the calls for impeachment have drawn the ire of the president, on 4th of july, president trump even quoted etweeted quote. great news for the republican party, as wok o one of the -- oe of the dumbest, quoting the president, it quitting the par

party. -- already challenged for his say the. a total loser. mr. president, congressman amash is not a loser, he is not dumb, not disloyal. so why did he call for impeachment and quit the g.o.p.? joining me tonight, in an exclusive fox interview, michigan congressman justin amash, welcome here. >> hi, judge thank you. judge napolitano: why did you call for impeachment of president 4 of the us. >> i read the mueller report, and came to conclusion that president engaged in impeachable conduct. mueller presented a conclusion himself he laid out evidence said it is up to congress nov m. judge napolitano: probably

spiking of volume 2 of mueller report that articulates evidence that mueller found that supports claim of obstruction of justice. we know from history, clinton impeachment and near nixon impeachment, house of representatives declared that obstruction of justice is an impeachable ofence. when you did this. how were you treated by your fellow republicans, publicly? and how were you treated by them privately. >> it was docto very different, depending on if i was speaking to them in person or watching them on tv, many would come up on house floor, or text or e-mail me, saying thanks for what you are doing. and even though some had not come to same conclusion, they said we're still reading the mueller report, then they would go on tv and defend the president as though there was nothing wrong.

this is a very common thing in congress, something that i have seen for years, really, this congress has taken it to a new level, not something that is brand new, it is just that we have reached a new level of partisan hypocrisy. judge napolitano: when house of representatives, which is now run by th -- democracy -- let he state that, do they debate and articulate and interact or just do what leadership wants? whether leadership is a republican speaker or as is case now a republican minority leader. >> there is almost no debate in congress, almost all directed by leadership, you would imagine at home the house and senate would be de deliberative bodies, you express your ideas, have you debates, you come to the cite rt conclusion based on that debate

4678 but here, leadership tells what you to think, every day when we vote on house floor, leaders sense odd messages to their respective parties telling them how to vote on various amendments and bill, most of members of congress don't read any of it they just come to floor, leadership said do this, and they vote for it smtsd. sometimes they is parochial concerns raised by their staff. but rarely based on the merits of legislation. judge napolitano: where do you think that impeachment will go in next step? less than two years from a presidential run, president probably will run for reelecti reelection. do you think that impeachment will take place in next 16 months? >> it does not seem like it right now, it is up to nancy pelosi, she is the speaker was house. the thing is controlled by people at the top. the speaker of house controls

whether we move forward, i think she is making a serious mistake if she kim ought -- came out and said we have evidence that is impeach. impeachable and we want to move forward, so many people would fall in line behind her went her own caucus, and a lot of americans would say, it seems there something serious, most americans are not reading it, they are expecting us to read the mueller report, and looking to us. if the speaker of house says i don't think we're ready to move forward, what kind of message is she sending to american people. judge napolitano: in a recent interview, you gave to cnn you made a surprising claim about quiet support you have received. glmereceived. >> when i was discussing prime ministeramendment, i -- impeachi

had colleagues saying thank you for what you are doing, they are saying it privately but not publicly, that is a problem for the parties. judge napolitano: who are these republicans that whispered in your ear, you are right but i can't say it. >> well, some of them are my friends are others are people i interact with on daily basis, some are just acquaintanceses, some i don't know that well. so, i don't top name the names -- don't want to name the names of people, these are actually the ones that are go half way, saying, i think there is a problem. the problem are those who don't want to go that far, they are mindless zombies. judge napolitano: importance for people to know if their are republicans who question donald trump's fitness in office, if they made that questioning known

to you. you are not in the republican party any more. yoyou don't have anything to hie or anyone to protect, please tell us who they are. >> so, they are republican colleagues, and republican officials. but again -- judge napolitano: are they members of house of representatives. >> yes. but when people tell me, i don't want to say that publicly, that is not appropriate for me to do, they send them privately. there are a lot of people within the house of representatives, i am not saying this is the majority of republicans on house floor, i am saying, that there are several people in the house of representatives and many high level officials and others w40 havwhohave reached out. >> are popular in your home district in michigan, you are not running at a republican. i think correct me if i am wrong, there are 4 republicans vying for the republican nomination? question, congressman, can you get reelected as an independent with no organized party support

behind. >> you yes. there are more than 4 republican candidates now, and yes, i can get reelected and i will as an independent, i have not had party support behind me for years and years, party has come after me because i've been fighting against the establishment, against the political class in washington for years. and now have you donald trump teaming up with the establishment. it is donald trump and kevin mccart who are hand in hand working together, with the establishment. and they are timing up now to try to take out independent minded people, i have colleagues that are also very libertarian or independent minded within the republican party, they are targeted as well now. not just me, they go after people who think for themselves that dangerous. judge napolitano: the kevin mccarthy is congressman from california who is the minority leader of the republicans in house of representatives. i want to ask you a question

about your future. this has been swirling since your announcements. are you seriously considering a run for presidency on li libertarian ticket that would put your name on abou ballot inl 50 states. >> only thing i said, is what i will say today, i haven't ruled it out, in life you should not rule out things like that, when you feel like have you the ability to make a positive impact, defend the constitution -- a different stage in a way that maybe would be more pro ducprooproductive you should noe it out, but i am honored to represent my district it means a lot to me to represent my district, i want to win in my district, and show people that an independent with win in congress. judge napolitano: where can you be more effective in defending

the constitution, i know that tom massey is with you. on ballot in all 50 states pointing out how. out. >> well both activities would make a big impact, so, i'll keep thinking about it, but, right now i'm proud, and honored to represent my district, it means a lot to me to represent people become home. and -- back home, that is what i'm moving forward with. judge napolitano: how does thomas massey feel about what you have done your two announcements? >> so, i don't want to speak for thomas, he is one of my friends, he has been a great congressman, and one of the best congressmen that we've had here in decades, i don't top speak for him -- don't' to speak for him, he is i do a fantastic job in congress.

judge napolitano: does anyone in congress beside you and congressman massey take the constitution seriously today. >> yes, there are other members of congress who are doing a great job, i wish some would be more outspoken 8 at times, we we have a lot of great members of congress, a lot is a half dozen, chip roy is another guy who comes to mind who is a surprising, he came to congress midterm and he has been fantastic. and doing a lots of great work, i respect him. judge napolitano: congressman amash thank you so much for joining us. >> thank you, judge, really appreciate it. judge napolitano: coming up democrat now demand labor secretary alexandria ocasio-cortez must resign -- labor secretary acosta must resign. but president is sticking with acosta. so will hideous charges against epstein be turned into an ugly game of part o partisan politici will ask the panel about this next. don't miss your golden opportunity

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acosta was u.s. attorney in miami. >> you know, if you go back and look at everyone else's decisions whether a u.s. attorney or a an asis assistant. tapper or attorney or a judge, t 12 years ago, maybe you would find they wish they did it a different way. judge napolitano: many democrats are calling for secretary acosta to resign. they say because of his part in plea deal for epstein in 2008, he was accused of molesting dozens of under age girl. epstein registered add a sex offender, he was allowed to spend 6 days a week in his office, and shielded from

federal prosecution, yesterday epstein pleaded not guilty to new sex trafficking charges, allegation claim several was the victims were as young as 14 years old, chuck schumer called for justice department to make findings of its investigation to original plea deal. so. will acosta did should acosta survive scrutiny? joining me on panel, america in age of trump coauthor. fox business network john stossel. and former speech writer for george w. bush, fox news contributor bill mcgurn. jessica, does acost i is a surve this. >> i don't expect he will, i don't understand why trump administration cut their losses

on this, get out early, it follows pattern that president needs to double down on characters like that. president has been linked to epstein, why you wouldn't just say this guy got too good of a deal. try to move on. judge napolitano: bill, yesterday, when the u.s. tapper herattorney here in manhattan announced this indictment, and arrest of epstein, he said there two teams investigating this, sex trafficking and public corruption is that a hint that secretary acosta or his bosses in doj are being investigated. >> it may be, i find it fascinating that we think that jeffrey of stei epstein did was

monstrous, but you would think from coverage that secretary acosta did it, there is so much we don't know, prosecutors as you know make decisions all of the time, trade offs, he is up against these lawyers, i don't know that he did anything wrong, it looks like a smelly deal, but amazing that instinct to got go after epstein but acosta. judge napolitano: john, you are a smart guy we've been friends a hundred year, deal negotiated in a marriott hotel between a lawyer for epstein and acosta. nobody was there, st was not in the office, we are no notes -- we have no notes, does that smell. >> in the necessarily. >> okay. >> this is years ago. he did go to jail. judge napolitano: a state facility, feds let him off the hook. >> you -- judges care about that stuff, years ago within to jail,

i agree with bill, it is like acosta is the molester, i don't trust the cops or prosecutors in these cases, they take consensual sex work it may have been. >> if you are a minor if is rain. rape, i agree. >> i am thinking of robert craft case. judge napolitano: sex traffics. >> we can't compare them. judge napolitano: how about name of bill clinton, it has popped up. >> he released a statement. judge napolitano: some people say he was on plane 26 times, should clinton be worried. >> i think that everyone who is involved with him should be worried, there is fancy footing with wordin wording. president should also be wore we worry -- worried. he was at an epstein party, and

raped a girl who was 13 at the time, that epstein was there they both knew they were minors, that case was dropped in 2016. "newsweek" covered it. everyone should check it out. there is great reporting out of miami herald. >> before we switch gears a report in bloomberg quoting unnamed federal official in law enforcement. if you know anything about jeff epstein, you better come to us before we come to you. >> up next, breaking news on census citizenship controversy and a potential serious setback for the white house. >> joe biden calls himself middle class joe, but his newly released tax return tells a different story, wait until you hear how much old uncle joe is really next, that is up next.

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judge napolitano: breaking news tonight on president trump's quest to add a citizenship question to census, denying justice department plan to swap out legal team midway through the case, after trump announced last week he would continue to push for citizenship question on census form despite supreme court blocking that move, about what can the administration do now, panel returns. to make sure we're on the same pain, after supreme court decision came down, and brass of doj of the deputy of comer read the opinion, they told lawyers trying these cases, one in new york, one in maryland, we lost give up the ghost we'll print the census forms out that question. they are in the courtroom. at the time that president tweets this is fake news. even though his just is department said this to a federal judge. lawyers were embarrassed.

we go dark for two days, suddenly there is a new team of lawyers i don't think they were removed from the case, i think they resigned, the judge said you can't leave the case. you are stuck. will this as has been reported on fox news provoke president to do something rash like sign an executive order. >> i would assume so, he seems set on it last week he hurt his chances. >> >> that that momento that made it clear this republicans needed this for redistricting. judge napolitano: is this in legal weeds or president not heying attentions to judicial

system. >> is the judge who denied request on lawyers same judge that denied census question. judge napolitano: same case. >> i think that is a terrible decision, we're getting to motives of government,. judge napolitano: but statute requires federal come to comfort with a motive. >> supreme court justice john roberts said we don't believe the motive that you are giving. that is a dangerous precedence, i think that a lot is games. also this is however this resolves itself legally, it is not politically a winner for democrat, two-thirds of america believe that the question should be on census, that includes a majority of democrats and hispanics. judge napolitano: do you want census the power to ask you whatever you want. >> of course not, trump should give their one up. judge napolitano: why. >> he lost, the court voted against him, there was all kinds

of ugliness, he has bigger battles. judge napolitanobattles. >> in 1960, opposed long form of census, he was found guilty in supreme court refused to take the appeals court decision again him, but he fought that question. judge napolitano: rarely prosecuted for not answering a question. but silence? that say tough case to prove. >> now to race of white house, middle class joe. raking in millions almost as much as stossel makes according to tax returns, but 2020 frontrunner, who once called himself the poorest man in congress made a cool, 10.5 million the year after he left

white house, he and his wife jill made more than 15 million in last two years biden maintained a lead over 2020 crowded field. according on new poll, 30%, which is double 3 candidate tied in second place. bernie sanders, elizabeth warren and kamala harris, could biden's now found riches hurt his blue collar image. >> a lot of blue collar folks vote the for donald trump. people know who joe biden is. i have seen a lot of conversation today, between people who work for different campaigns, and saying we're not willing to go down that road that we did in 2016 when bernien one after hillary for her goldman sachs speeches. judge napolitano: does joe

six-pack, know how wealthy biden is. >> probably not, i certainly don't care, good for him, at least he is not a capitalism hater who are running for the president. judge napolitano: i don't think -- >-- >> look, i understand year 15 million. >> joe biden has done well by the trump economy is is working well for even democrats. judge napolitano: that san thatn opening line. >> he wrote a book made speeches good for him. >> i don't know why you quote will polls, who cares about the polls. >> betting, that is only it. judge napolitano: betting say. >> kamala hair si harris is up r biden in warren. >> this must be english betting not american betting. >> mostly illegal in america, but sum now allowed, this is the

most predict or not will pots, people put their money with their mouths are. judge napolitano: how dangerous for democrat that they preach socialism, something that american public would same, they will not beat trump with a socialist. >> no, they are not, that was an important finding from weekend of polls. >> that is okay. >> we're differ but i'm thrilled to see you. >> that running again socialist candidate could make you not vote for a democrat, but there is one candidate that does that that is bernie sanders. >> who are trump people fear the most. >> i think they would have feared joe biden, he had african-american support. a representation for being middle class. but you know you mention polls showing he is 3 time support -- but if you add them up. sooner or later there will be one or two candidate, joe biden

has strengthened his lead because bernie sanders has dropped. judge napolitano: if the left coalesces around one person, harris or sanders or warren. it is that person against joe biden, who do democrats pick? where are the numbers. >> numbers, not on betting market with joe biden, with strongest coalition, and most reliable coalition, african-american voters. >> one person. >> they are not. >> they can't be. warren is stealing ground from bernie sanders. kamala harris from debate. but less people on the stage. judge napolitano: switching gears. president cannot block his haters on twitter, a federal court of appeals ruled writing first amendment does not -- that

is black letter law, any first year law student will tell you is ac accurate. you are afternoon communicator here. >> i have trouble with this ruling, i am not a lawyer, but the idea that the president owns or controls his account is suspect, i think that people will rieux the day of this on effect that it is a public platform, because a public tomorrow uses it, people liken it on your soapbox in the park in grand central. judge napolitano: johnny president said away back when first alleged my tweets are official government policy, that is what got him in trouble with this. it is an official government platform he can't keep people off. >> i don't think it gets him in trouble, i think he will answer the people he once blocked and

make hey. judge napolitano: well, what does he do? >> he has to unblock everyone. he works for us be we pay his salary. when you have made it your business to target individuals like megan rapinoe, u.s. women's soccer star, congratulation to women, i am so pumped, that say problem. judge napolitano: parade tomorrow. >> no, i am not, i had planned on it, i would love to miss work, so perhaps i shall. judge napolitano: canyon of heroes. >> i am sure harris would love that marching with de blasio. you should not be -- if you are holding was on the like that you should not be targeting americans, you can mute people, i don't understand why he just didn't do that just mute them. judge napolitano: a great victory for freedom of speech that public officials cannot silence those with whoam whom -m

they disagree. >> can "wall street journal" decide never to publish a letter from an irate leader who disagrees with them. >> private platform, would have to have people here if you are a government official on a show, descrodo you have to agree to gn show. judge napolitano: their snow equal -- there is no equal time. >> this will have a lot of unintended consequences. judge napolitano: you who make your living in first amendment support right of president to keep those who disagree with him off the platform. >> they are off the platform they are after you his account. judge napolitano: that is 58 million people. >> he is more popular than we are. >> all right. thank you, coming up, you would be hard pressed to find someone who likes their driver been photo -- driver license photo, you know who really loves them, federal government.

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judge napolitano: yesterday on ken dean. -- a new report reveals federal officers have been combing through everyone's driver license photo using facial recognition technology. news is causing law maker to call for hearings over privacy concerns, but not much is being done. big players, creating surveillance technology like amazon and microsoft are vying for massive government contracts, like pentagon new 10 billion cloud computing project.

with this intermingling how can lawmakers or tech executives protect american's privacy rights. here with me now shapiro, welcome here. >> good to be with you. judge napolitano: why do you think that americans are not. -- that infuriates you, me, why are americans not furious that feds have 640 million photographs of 330 million americans, not one has concerned to that photo getting into hands of the feds. >> it depends on what aspect. some is concerning some is not, for example you talked about amazon and oracle competing for military contract, i want our military to have best technology cloud computing or otherwise. whatever their mission circumstance problem is that

scope of the mission in mission creep, if feds are randomly searching through state dmv databases for what, i'm not sure. that is the problem. the purpose that this is used for, and what is interesting is that in europe, they have kind of a different concern. in europe, people trust the government to snoop on them, but not corporations, in america we are more sanguine, give amazon and google our information but the government is what we're concerned about. judge napolitano: could you not argue that, that whole purpose of 4 amendment to prevent a phishingiphishing -- ex pe doins is, per se, lanthis --expeditio. >> getting a database, when a crime is committed you could search again everyone that is

the goal of law enforcement. what is to protect our privacy is the 4 amendment. to that end, you know courts, lawyers, judges, tread gingerly, supreme court for example does not want to have some ruling that 5 years later, looks silly or outdated. so this is an area that certainly going to have to be updated when and where can police search digital information, when do they need a warrant, this is a moving target. judge napolitano: government takes position they can gather all information they want by any means they want, search warranter or not, so long as they don't use it again you in a criminal prosecution, government believes that privacy rights articulated and defending in 40mm -- 4 amendment, this is hogwash to me.

>> well, it depends, there are different standards for national security investigation versus dedomestic law enforcement. rightly so. does not mean that government should be able to have all of your information. some of these things hard to have right line rule, the way that ours are going, it is an interesting kind of lift and right coalition, that is where civil liberty development are, neil gorsuch and sotomayor in last series, they are those who will be at forefront of developing what our doctrine will be. judge napolitano: thank you. >> coming up gun control debate in virginia. a few months after a horrific mass shooting there.

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judge napolitano: a familiar outcome in gun control debate in virginia, a whole bunch of finger-pointing not much of a resolution. a special special for gun violence. saying enough is enough. he pushed for a vote on a series of new gun measures, but that hearing of cut short by republicans. republicans say that whole thing is an election year stunt by democrats who are trying to exploit the tragedy, are they? joining me are, firearm coalition director, my friend matthew, good to see you, welcome to kennedy. >> thank you. judge napolitano: what will it take for people like you and john and those of us who understand history of 6 second

amendment to demonstrate to these people, take virginia for example, that where you restrict fire barmefirearms you actuallye crime. >> actual facts don't matter, this is an emotional debate, pushing a emotionalnaritive -- narrative, bast best way to resd to respond with stories about needing guns. judge napolitano: one of the proposal that republicans refuse to hear. that governor northam was pushing to ban your ability to carry a handgun on government property, this is where the killing took place. this would make government property the most dangerous place in the world.

because the crazies would know that shooting someone there would be like shooting fish in a barrel because nobody except a criminal would be armed. what kind of sense does that make. >> i think this shows that we're not actually you know gun controllers are not concerned about gets to root of will problem. they are concerned about responding to individual crimes. here, this shooting began in what was already a gun-free zone, this would not have changed anything. also in his proposal, his recommended act proposed banning suppressers, what do suppresses have anything to do with lethality, other than they were used in the shooting, this is not about saving lives it is having talking points to say you are responding to latest ca catastrophy. >> do they argue that banning

suppressers would save human lives. >> i don't think that suppressers change the dynamics of a typical gunfight. we're seeing a felony for anyone with a firearm accessible to a 17-year-old. judge napolitano: whether or not that 17-year-old actually accesses it. >> what does that mean you have kids, you no longer have a right to protect your family until they all turn 18, this is political grandstanding, i think with governor northam attempts to get republicans to bend the knew, and get something throug . judge napolitano: i think, i suspect you agree this is not going to be resolved until supreme court once and for all

guarantees right to keep and bear arms wherever you are threatened, matthew, thank you so much. >> my pleasure. judge napolitano: we'll be right back. content on their endless quest, to nowhere. but perhaps this year, a more exhilarating endeavor awaits. defy the laws of human nature,at the summer of audi sales event. get exceptional offers now. too many people a restless night's sleep. there's a better choice. aleve pm. the only one to combine a safe sleep aid and the 12-hour pain-relieving strength of aleve. that dares to last into the morning. so you feel refreshed. aleve pm. there's a better choice. -[ scoffs ] if you say so.

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joined by indiana senator mike braun and ned ryun, it has been a pleasure filling in for kept r kennedy. so long america. . i am david asman in for lou dobbs, early sign of trump administration pressure on mexico. is yielding positive results, border patrol ap -- -- radical t rolls on, nardler preparing tosum subpoena a dozen individuals. attorney general william's barr probe to origins of russia