trump supporters. they are like half the country right? that up the attitude that up thinking, part of their entire problemant to shut down the other side prayed we have a big week still, i'm not going and where the judges next. napolitano: if the democratic race was a mess before last night's debate, os a train wreck today. a circular firing squad sinking just about every candidate. but the one who got beat up the most wasn't mike bloomberg. could he possibly bounced back from his debate disaster? i am judge. napolitano: in kennedy. the democratic wannabes bludgeoned each other over healthcare, socialism, can you believe are debating socialism in 2020, economy and crime. the biggest target by far is the billionaire mayor of newark city. >> avenue billionaire who calls women fats and brides and a horse faced lesbians.

and no, i am not talking about donald trump i am mayor bloomberg. >> i thought he should not be hiding behind his tv ads. >> stop and frisk throwing up to 5 million young black men up against a wall. >> we are sick and tired of billionaires like mr. bloomberg seeing huge expansions of their wealth. while a half a million people sleep out in the streets tonight. >> mayor bloomberg thanks he can buy this election. >> we have a very few nondisclosure agreements. >> let me finish behind them? napolitano: moments ago at a rally in colorado, president trump said bloomberg's performance in his own opinion was a disaster. >> i don't know if anybody watched last night's debate,. [laughter] it got very big ratings, and you know what? many mike did not do well last night. i was going to send him a note

saying it's not easy doing what i do is it? it's not easy mike it's not easy for any of them? napolitano: the liberal media said it was a losing night for bloomberg and all the democrats. >> i thought it was a great night for bernie sanders, i thought it was a great night for donald trump, that is a terrible night for the democrats. >> they're going after each other way too much. >> we are two days away from the voting in nevada and they attacked a guy who's not on the ballot in nevada. >> i thought it was tactically really dumb. >> democrats protec the circular firing squad. >> the one they're running against donald j trump wasn't even dealt with it was an intramural ping-pong game. it's been night lead so who won lets us might bloomberg himself? >> the real winner in the debate last night was donald trump. because i worry that we may

very well be on the way to nominating somebody who cannot win in november. napolitano: and to think the democrats do it all over again next week in south carolina. so was the present really the winter nevada? and did the bloomberg bubble pop? here tonight serve america pac executive director and fox news contributor marie half and part of a problem podcast dave smith and comedian extraordinaire and my grade school class macon host of am 90:00 a.m. host and deliver of cannoli when you least expect them, joe piscopo. so i was hosting the show just like tonight i was so tired i would have went to bed so i did not see any of debate i thought i looked at the newspapers morning i thought bloomberg had died because everybody, the new york post showed a picture of him in the grave. >> with the bandits on? reality was worse than that. it was the worst debate performance i have ever seen.

and i've watched a lot of these debates. he was brutal on every level. it's not that he just took shots from everybody, he was weak, while being smug, while having no response for the criticism that were leveled at him. he was an absolute disaster. napolitano: is he so confident in his abilities a manager they doesn't care how did the debate? i don't think he ever debated in the three times he was elected in the mayor of new york. >> he is not known for being a good retail politician when he was mayor of new york but is not about in nevada, is not about in south carolina, is probably banking on the fact that super two days voters were not watching the debate. democrats, many democrats are looking for a moderate alternative to bernie, that's why pete has been doing well that's why amy has been doing well. and that's why mayor bloomberg is rising in the polls. but last night when he was unable to answer stop and frisk, this e-mail nba issue, last night that was probably

the worst debate performance i have ever seen. and donald trump would was not taken down at all. and bernie sanders, who is a front right in the oil and attacking humans mayor pete. so joey you are funnier in your sleep. does he have any sense of humor whatsoever customer. >> you're right i think he played it easy hit the nail on the head he looked at as a manager and you're right he only knows 5 million people watch super tuesdays again, he was not going to lower himself. your absolute right it was bad because he could've come back insane thing but he didn't say anything but he's smarter than that he's smarter than that, telling you he's got something in his back pocket. don't discount michael bloomberg. napolitano: the clip is all this morning may meet think of what you said but knowing him i don't think it gives a damn. >> he didn't seem happy about it, i think he is quite happy to sink of another billion dollars into this primary season.

but i think even beyond that, his weaknesses are so bad there is no conceivable way he can rally the left-wing of the democrats. napolitano: why your lefty buddies think of him? >> or they can vote for trump are they to stay home where they can vote for bloomberg? >> it's a really good question, judge it is in the far left but it's people like -- i'm a moderate democrat i looked at bloomberg a few weeks ago and thought maybe, given his work on gun control and climate issues maybe he could be the moderate standard. but then i read these comments about women, i look at how much money he poured into keeping publican center pat tuning in office in pennsylvania only in 2016. how can this man be the standard bearer for the democratic party, i am not the far left and i am uncomfortable with him. but i'd vote for him over trump. napolitano: but that's the answer prayed but will bernie's lefties vote for him over trump? >> will they vote for anybody other than bernie? napolitano: have to early voting states are behind us

already and we are in february prayed we had the nevada caucuses into days, or bernie is currently leading in the polls. and then we have the south carolina primary a week from now where uncle joe has been ahead, but as recently been sinking. like iraq and upon. that it's on the super tuesday where ballou me has focused most of his millions of soon to be billions. so will any candidates separate themselves from the pack? >> the question round joe biden is if he doesn't win in south carolina is a difficult few say that? >> it is i really respect joe biden i wish she would've ran in 2016 he would've been a better candidate than hillary. but there is a small path given he could have a comeback given how poorly bloomberg did. he might be better and super tuesday. but bernie is the lead right now, and it's very nerve-racking for a lot of democrats. napolitano: dave, does uncle joe still have the support of the vast majority of

african-americans in south carolina or had they began to desert him? >> it the polls seem open to him deserting them. because in both of these states he's underperformed his numbers. i think bernie is going to win nevada and south carolina. i hear people like you sound exactly like the establishment republicans did in 2016. coming to terms, realizing that this guy is taking over our party. napolitano: will your liberal friends in the entertainment community? will they vote for uncle joe? >> he's a nice guy you're the moderate democrat you're the one. [laughter] what you mean he's the one? there are no democrats are moderate anymore so blue dog democrat for many years. and then i did more libertarian. reagan changed you know is nancy. [laughter] nancy read me the riot act. stop doing my husband. but i gotta tell you, joe biden is a nice guy. there's no way he wins.

it's bernie, i love this, for the radio you can't make up the material the writing of material brokered convention, burning and michael bloomberg, i'm telling you. twenty spectacular. napolitano: aren't friends at msnbc says it bernie's nominee trump 40 night states. what will the democratic hierarchy do to prevent bernie from getting it? see mick i nothing can do anything if they try to. napolitano: they already took the nomination away from him once, when they give to hilary. >> joe biden pulled bess against donald trump. i think bernie sanders could be head-to-head by think you destroyed the democratic party dissent senate and house level. napolitano: even after nine debates, iowa, new hampshire we know there's still no clear front runner and the democratic party. i ready for this marie? if no candidate has cleansed at least half the delegates up

for grabs, which seems increasingly likely, than the dnc will have a contested convention this summer. last night, chuck todd asked every candidate if the person with the most delegates entering the convention would be guaranteed the nomination. even if they don't have the majority purred and most of them said no. >> whatever the rules of the democratic party are, this should be followed. >> let the process work its way out. >> let the process work. napolitano: of course bernie sander who is been surging in the polls is likely to have alyssa plurality but not a majority of the delegates said the will of the people should not be ignored. [laughter] the will of the people should prevail. napolitano: [laughter] [laughter] you are great. you are great you do the bernie great. napolitano: if bernie does have the lead but not enough

to clinch the nomination, will all hell break loose in milwaukee? and will the elites, what they used to call the superdelegates ruin the democratic party again marie? >> i'm not sure they will be able to. they don't come into play for a later ballot. can you imagine a contested convention against two people who aren't democrats. bernie sanders is not a democrat he's an independent technically in the senate michael bloomberg, sure i guess now is but a few years ago who supported republicans. i am not wanted his hair on fire, the world is falling democrats, but that is a crazy scenario to envision. napolitano: dave can the democratic party tolerate a fixed convention. will they take it from bernie fearing he will lose 49 say citroen customer to make i don't believe he'd lose 49 states at all. member when the rnc was flirting with changing the rules to take the nomination away from trump and they had to face the realization, as trump said, there will be riots in the street. and he was not wrong.

this is the same thing at bernie sanders. that this point have no other choice than to try to coalesce around bernie. are you being serious now? >> i never knew bernie had any came on the show too, it was a great bernie impression by the way we do that on my radio show? >> absolutely he's a liar he's a liar is a pathological liar. there's something i love about bernie is something i love about the guy. as a picture of bernie kissing me out there somewhere i have to admit that on public television. what i saw yesterday, he looked like the mafia, he commanded respect and was the center of that debate last night. i have never seen that before. what do the rules say in milwaukee? can a horse trade on the floor? can superdelegates vote is a block? if they did, for missus clinton? >> she also got more real votes and superdelegates don't come into play in silt the

third balance, we have to get their bunch about first prayed with his horsetrading going on at the state level and each state allocates their delegates a little differently. remember iowa? it wasn't that long ago what a mess it was. one candidate won more votes, one vote candidate vote had more votes. i'm worried nevada saga to go very well. bernie is our trunk. there were crazy republican debates in 2016 where they did this to each other and their candidate one. they talked about a contested convention it didn't happen. it worked out republicans in the end. napolitano: dave, do the democrats believe their states besides vermont were bernie can beat donald trump? so yes absolutely. bernie sanders will win new york, a lot of the traditional -- i think bernie sanders and tromso match at this point. i think bernie sanders is more likely to pull in the moderate democrats than mike bloomberg is the pole and the robe democrats. napolitano: but don't they need joe sixpack from western

pennsylvania and ohio in avon indiana? can joe sixpack vote for bernie customer. >> he can't and they won't and that's why the president, no matter who they throw adam's gonna win as a landslide. but your point, bernie is going to give a heckuva run. once can have all the young votes, we are going to be surprised at it. write a really don't think people in wisconsin, michigan, pennsylvania going to vote for bernie sanders, there's no way. but i bet she bernie gets the nomination. napolitano: there's the production right there, the panel returns later but first roger stone today learning his fate at his sentencing hearing in washington d.c. should he get a retrial or should the president pardon him before he even sets foot in a prison cell? criminal defense attorney watched every inch of that trial breaks it down

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napolitano: this morning roger stone was sentenced over three years in prison for conviction stemming from the mueller investigation. but his prosecution and a stolen saying his persecution, as deeper roots. roger is a gifted political consultant known for going the distance for his clients including such marquee nays as richard nixon, ronald reagan, and donald trump. his expertise is the lawful

destruction of the opposition candidacy. what is known in the trade as opposition research. in that process, stone has made many enemies. some of whom have sought to destroy him. that process of destruction began a year ago when he was ordered out of the bedroom that he shared with his wife and out of their home together at 530 in the morning by no less than 23 federal agents carrying assault weapons. behind his home on a canal in fort lauderdale was a government votes filled with federal agents. and above his home and government helicopter also filled with agents. all of this was captured in real-time by cnn, which the feds had unlawfully tipped off about their very expensive raid. notwithstanding, the armada that was set to fetch stone, the florida federal judge beef for him he appeared who noted that a phone call to stone's lawyers, could have produced him. released stone without requiring him too post any

bail. he was later indicted and convicted of lying to congress, intimidating witness by threatening to kill the witnesses cats, and obstruction of justice. prosecutors in this case recommended that he serve a seven to nine year sentence. president trump, tweeted very harsh criticism of that recommendation and the personnel that produced it. and when attorney general william barr made it known that he would offer to the trial judge a difference and lesser recommendation, the four prosecutors who tried the case resigned. the same day that the prosecutors resigned, the foreperson of the jury herself a lawyer, outed herself as a star wart appointments of all things trump with two negative references in her tweets to roger stone. all of this has created anna norma's headache for the trial judge, but of course the judiciary has tools with which to address it. this judge needs to do what she has not done yet. call stones lawyers and the

resign prosecutors into the courtroom along with this former jury foreperson she should interrogate the foreperson, why didn't you tell us of your antipathy to trump? don't you know that as a lawyer, even an accurate answer can be misleading when it's not complete? and frustrated criminal trial are you, were you, truly a neutral juror? and to those resign prosecutors, hey why did you guys stepped down from the case before it's over? oh, and did you know of the foreperson's presidencies? would you want a juror on one of your cases who felt about the prosecution the same way this juror felt about trump and stone and their colleagues? stone may continue to maintain his innocence now even more so knowing that he was tried unfairly. and of course he is entitled to a new trial, no matter what

the jury found in the original one. why? because it's better than a thousand guilty persons go free than one person be unfairly punished. because the history of humans freedom, is the history of being careful attention to procedure. because in america, we only punish those who are fairly convicted. because politics and bias have no moral or lawful place in america prosecution. earlier today, the president weighed in on whether he will get personally involved in stone's case. i want to address today's sentencing of a man, roger stone, roger stone, he has become a big part of the news over the last little while. and i am following this very closely, i want to see it play out to its fullest because roger has a very good chance of exoneration in my opinion. go to watch the process i'm in a watch very closely. at some point i will make a determination. but roger stone and everybody has to be treated fairly.

and this has not been a fair process. napolitano: there are some protesters outside the courthouse will they had a different idea. [inaudible] [inaudible] napolitano: where we heard that before? lock him up. joining me now criminal defense attorney who followed every inch of this case david schon. david welcome here it's a pleasure to be with you. did roger stone get a fair trial? >> no he didn't, the president was exactly right it would when he said and you beautifully said a great deal about the case in your monologue. he did not get a fair trial. from the start, frankly i think the public needs to know how checkered this was from the start. one of the prosecutors they got the indictment in this case jeannie was hillary clinton's personal lawyer in her e-mail scandal. roger stones case without trying to get opposition research on hillary clinton's e-mails. it's outrageous. napolitano: what is your take

on the jury foreperson? you heard my take. this is. se an indicator of a new trial because the supreme court has said were not entitled to perfect yours we are entitled to indifferent jurors. and by the way we are entitled to a judge who is in different. did stone have an indifferent juror in the foreperson and a different trial judge? >> second part first know, the judge was very angry today and has been all along. she politicize this process while disclaiming any process today in her sensing. she's oak about republicans this and republicans that she said that roger stone didn't do this to support the president, he did this to cover up for the president. she tried to do today, and the president should be limited about this, she tried to do today with the special counsel mueller wiseman team couldn't do, and that is find evidence of wrongdoing by the president. but as to the juror, it's a

very serious issue and you are right, the integrity of the process is paramount. this juror, we now know was tweeting before the trial during and after the trial now. about issues that are all political, very anti- trump she seems to be a real activist. but think about this, they did juror questionnaires called all the jurors and had them fill questionnaires in september. two and half weeks earlier we now know that she was tweeting about the white supremacist rally in charlottesville linking it to my god asking if they're going to take a stand. why wasn't that revealed? was it revealed? two months after that they had more jurors why wasn't any of this activism exposed? napolitano: and the new jersey where they set the trial judge and as you know the federal system, the judge actually picks the jurors. i was always a little leery of a person on the jury that really, really really wanted to be on the case. it's almost as if they wanted a predetermined outcome.

but i've never seen this in a juror that is also a lawyer. a trained, licensed lawyer who undends how the system is supposed to work. and that's what we had here. >> this is a lawyer who knew she wanted to be on the juror to stick it to roger stone in all likelihood. here's what i think the defense has to do now. they filed a motion about the jury misconduct but has to be multifaceted. the problems here are potentially the deception by the juror, these are all separately actionable. failure to follow instruction, extraneous influence come with all these posters she getting responded to? was she interacting with other people? this is a basis for hearing a should be juror interviews of all of the jurors to see how badly this infected this case. napolitano: i think you're right but i don't think this trial judge is going to do it because i think she is as biased as a juror was. david it's a pleasure, thank you for joining us. former national security adviser john bolton now weighing in on whether his testimony would have changed the results of the impeachment

trial. so does he think he would've helped or hurt the president? plus the "new york times" getting slammed for you knocking to believe this, printing and add from none other than the second in command of the taliban. why would the old great lady, just a couple blocks me or give a cellblock to terrorist? the panel is ready to tackle that one, next. i am totally blind. and non-24 can make me show up too early... or too late. or make me feel like i'm not really "there." talk to your doctor, and call 844-234-2424. can it help keep me asleep? sleep number event on the sleep number 360 smart bed. absolutely, it senses your movements and automatically adjusts to keep you both comfortable.

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robinwithout the commission fees. so, you can start investing today wherever you are - even hanging with your dog. so, what are you waiting for? download now and get your first stock on us. robinhood. napolitano: john bolton former national security advisor, colonel sanders impersonator, that's for you piscopo, came under fire last night over his refusal to testify president terms impeachment trial. bolton shared a stage at vanderbilt university with of all people, one of his predecessors, former national security adviser under president obama susan rice. rice said to bolton quote i can't imagine withholding my testimony with or without a

subpoena, i would feel like i was shamefully violating the oath that i took to defend the constitution against all enemies domestic and foreign. while. meanwhile bolton refused to give any more details about his book. but said it won't come out, it won't change the outcome or it wouldn't change the outcome of the impeachment anyway. so is bolton having the worst book tour ever? what is a step forth the panel is back marie harve, dave smith, job piscopo. this rice for real would she testify against obama? >> i think is pretty insane that john bolton had things important to impeachment and did not voluntarily testify before congress pretty talking this book is going to make money off of it and he says i have the goods but i wouldn't do it when it really mattered. i don't know what susan would had done but john bolton is not a good look for him. >> did you agree with the vote from 51 to bar him from testifying or should they have let him go in the well of the

senate with the president sitting in the front row in testify? >> i am conflicted because he is the perfect radio guest he is the landmine. [laughter] he doesn't add dress the mustache directly. he was so elusive when you talk to him and interviews. but he is selling a book. everybody's gotta settle down, it's all about the book, there is no way they should have testified. >> it shouldn't be all about the book. napolitano: there's nothing john boldt believes that you and i believed a foreign policy. but he was present at the creation of some on lawful activity that the president was trying to perpetrate on the government of ukraine, shouldn't the senate heard from them? >> sure you could have made that argument i don't know that he actually said that in the book. napolitano: we don't know what it says in the book. >> there were xers but they were vague. but to hear susan rice talk about the constitutional duty, you are right obama only put american citizens on murder lists without being charged

with anything and that's what she approved of. at this idea must make you feel the same way, they invoke the constitution when convenient. napolitano: didn't even out some people have been spied on by the obama administration around the time trump was elected? >> look i know this a lot of conspiracy there's about susan rice did or didn't do. i think she was a very good national security adviser you may disagree some of the policies that were not libertarian to be night should bolton testify? >> absolutely. >> it was hearsay was anything legitimate it was from a book and they said that we think john bolton said that bring it in. it had to stop somewhere. i don't how they can publish the book because his former colleague and the national security council has not even approved of the book yet. >> it was a book based on notes he took of meetings he was in and conversations he had with the president. at may not have change the outcome, he was right about that but the american people what it should have heard.

[inaudible] i worry about you because we've known each other. [inaudible] so the last time i bought a cannoli, it became a thing. i gave the judge of cannoli it wasn't a great cannoli we are leaving the code nobly. napolitano: a taste like cardboard. >> it was from michaels of brooklyn, it's a piece of artwork from the michael of michael's in brooklyn it is for you to have. and even on tv all day. napolitano: i don't sugar i don't eat gluten. >> yes yes yes did i redeem myself? [laughter] napolitano: president trump's long called media outlets like the "new york times", the enemy of the people. joey we did the cannoli thing too early response he did after. i protested his characterization but it's not helping his case by giving column space to the literal

enemy of the people. this morning the times published an opinion piece written by deputy leader of the taliban and man currently wanted by the united states government and responsible for many afghan civilians and american military deaths. it included the rationale for the taliban's actions in afghanistan, their demands for the u.s. government and torturous group as civic minded peace seekers. so is this fit to print? or is it aiding the enemy? >> it's absolute fit to print dave it is absolutely one ever said it's very newsworthy and important but we are engaged in a conflict that like six times as long as our involvement of world war ii at this point. pretty much everybody knows there's no military solution here. and i think it is good to know what the taliban -- not by the way the del patel that i'm not apologizing for them but they are the only the enemy of the american people because they decided nationbuilding would be our past. napolitano: are we now negotiating with the taliban

until we have an initial agreement with him? and aren't we undergoing a cease-fire? >> yes, i told you this judge, you have made me on this issue. i'm a hawk on many things but on the afghanistan war i much more like you on this i been hanging rather too much, it's the longest war in american history. and you don't negotiate with your friends you negotiate your enemies but i don't trust the taliban further than i can throw them. but the reason he went there after 911 was a take on the al qaeda and we did that. history. napolitano: are your listeners furious with the "new york times" for publishing this? >> leave the gun take the cannoli. [laughter] i will guarantee it would go on the air tomorrow a.m. and the answers frankie and the crew there is no way the "new york times" should allow this to be written. napolitano: don't you believe in freedom of speech? >> the "new york times" as anti- american anymore. there i said it. there can is a somebody from the tell them to write customer even if what he says is true they have to like to

be an american print? congress shall make no law with the freedom of speech. but you can't take your enemy it's like tokyo rose. napolitano: are there lefties that hate the "new york times" are publishing some of this? >> i don't think so. it's like doing a tv interview with potent or anybody it's an interview, it is newsworthy. napolitano: the secretary of defense doesn't have shaking hands of the head of the taliban during negotiations? >> i don't know what was but we are negotiating with taliban because there's not a military solution. >> it was just a shot of on paper it's their ink. >> is newsworthy. >> it's there cannoli. [laughter] napolitano: thank you panel. >> way better i'll get cannoli, their two dozen of them. napolitano: this is the best

cannoli i've ever had is not the cardboard you gave me i love you to my mother's watching. thank you all very much for the not so friendly fire between bloomberg and bernie, threatening to blow up the democratic race. so who planted the most punches in the debate? the capitalist of the socialist? that's next. i'm your 70lb st. bernard puppy, and my lack of impulse control, is about to become your problem. ahh no, come on. i saw you eating poop earlier. hey! my focus is on the road, and that's saving me cash with drivewise. who's the dummy now? whoof! whoof! so get allstate where good drivers save 40% for avoiding mayhem, like me. sorry! he's a baby!

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napolitano: you may have felt we settle this with the fall of the berlin wall but last night's democratic debate created the battle between ida with mike bloomberg and bernie sanders carrying their banners and exemplifying the divide in the party, take a look. >> we are not going to throw out capitalism, we tried that, other countries try that it is called communism and adjusted work. >> let's talk about democratic socialism i am not a communist. she met the mess and socialist net country happens to be a

millionaire with three houses, what time is here? >> what you missed i work in washington, live in burlington has to, and like thousands of others like you have a summer home. to forgive me for that. where is your home? which tax haven is your home question or. >> new york city thank you very much. i pay all my taxes. >> you know mr. bloomberg you making all that money maybe some workers played a role in that as well. >> so who owns a soul of the democratic party quest mark the billionaire of the bolshevik. joining me knows my dear friend president of the mises institute and former chief of staff to congressman ron paul, jeff dice. jeff welcome. napolitano: so is bernie essentially right when he said america has become a socialist country? you noise can ask you that. >> he's not entirely wrong, judge, it's shift a little bit, socialism is not a dirty

word on the left. that doesn't scare young people especially. a lot of young people in this country when they hear socialism they think of denmark or sweden or something like that. they don't think of nancy germany they don't think of the soviet union they don't think about communist china. so i think bernie is right, i think in 201690 bernie was an outlier in his own party. in 2020 i think he's right there in the center and bloomberg might be the outlier. napolitano: can bloomberg actually make the argument that wealth should be redistributed or assets should be owned in common? and isn't such an argument so antistatic to american values that the majority of the country would rejected out of hand? i noise on bloomberg last night but i think he made sense when he said that. >> i would like to think so, socialism is incremental thing if semi socialism and the united states, all kinds of things that are mostly owned and operated by the

government. this whole industry like banking and industry in law, education which are entirely wound up with government. so it's not something the american people are scared of anymore but i do hope that what comes across in these democratic debates is that bernie sanders and elizabeth warren, for example, they hate business in their dna. capitalism to them is anathema, were bloomberg, he doesn't hate it, he's a business guy and understands what it took to become a wealthy person from nothing. so there is a difference there. i don't want to poop it, i do think bernie sanders is not an outlier. i think your average democratic voter is quite open to nationalizing the socializing industries. but i think the people like you and i have to view this, as a failure of sorts. we have failed intellectually ideologically with our young people that the whole group and lesser sent libertarianism

has failed to make the case that history and theory in book after book has proven time and time again that socialist doesn't work but some people are still buying it. kat: if you take the wealth transfer away from bernie, doesn't have a lot of views of which libertarians agree? like war and peace, what you can do with your body and surveillance and civil liberties? >> while supposedly he does, he doesn't seemed like old civil libertarian when it comes to the police. he also apparently, by some accounts cleaned up near city quite a bit. so it depends on your perspective. i want an antiwar candidate, i want to hear them talk about getting out of the middle east. when he says that, maybe i will believe him. trump said the same thing. napolitano: jeff thank you is always a pleasure. thank you for joining us. all rights, why a4 fbi agent is calling the bureau a threat to democracy and how you could

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napolitano: and just a few decades america has transformed from the land of

the free to a total surveillance state. and among the most effective tools of tyranny is your cell phone. a unique device identifier, as well as signal sent from yourself phone to cell towers 24-7, are creating a perfect record of your movements to the government to dig into almost any time it pleases. thanks to section 215 of the patriot act, which lets the government doing this without a warrant from a judge. all of this is light years beyond what our founding fathers could possibly have imagined. and still way outside the bounds of the bill of rights they wrote to protect us. so why are we letting it happen? and how can we stop it? let's bring in mike german he's a former special agent of the fbi, center for justice and liberty national security fellow and author of the terrific book get this title, from a former fbi agent disrupt, discredit, and

divide. have a new fbi damages democracy. mike it's a pleasure to welcome you here. napolitano: holding on my iphone almost everyone has one of these in one form or another to mentoring who the manufacturer is. how does the government know where this is and thus where i am at any given moment at any time of day? >> say your cell phone, in order to work and receive a call has to be constantly in communication with the cell phone tower. and that cell phone tower keeps record that are governed under a different standard than if those records about you were kept in your desk. and so those records are covered on or what's called a third party doctrine which gives the government much easy access to those records because that is being kept constantly every time you move about, that's easy to obtain. >> can the fbi or can local police just knock on the door

of the owner of the cell tower and demand and receive those records without going to a judge and demonstrating probable cause and getting a search warrant as the constitution requires? >> the technology has moved faster than the law. the law is just starting to catch up. but they have traditionally been able to get that with the d order which is a court order which is lower than a probable cause. only reasonable indication that evidence is relevant to an ongoing investigation. as a much lower standard. there are also cell tower dumps that are done again with much lower standard than probable cause. so it's not what we are normally used to as a fourth amendment probable cause of warrant. it's a much lower standard of information that gives the government much broader authority to collect her records in bulk.

they also use something called a stingray, which for years they tried to hide that they were using this device and basically it mimics a cell tower so even though it's a suitcase size device that the agency controls, your phone thanks it's a cell tower so it will communicate with it. and with that they are able to collect records of everybody who was in the region when it is on. napolitano: so we've gone from being colonists who are victimized by a foreign government issuing general warrants, to americans who elect a government that does the same thing to us. >> exactly, and when we have a government agency that is powerful enough to know much more about the citizenry than the citizens know about what that government is doing with the information it collects. democracy is at risk. napolitano: are there fbi agents that think about this later? >> sure there are.

unfortunately, i think that over time there has been a move to push out people who complain internally. napolitano: got it, mike you are courageous guy hope a lot of people buy and read your book. book. thank you for joining us and i am totally blind. and non-24 can throw my days and nights out of sync, keeping me from the things i love to do. talk to your doctor, and call 844-214-2424. (sensei) beautiful. but support the leg! when i started cobra kai, the lack of control over my business made me a little intense. but now i practice a different philosophy. quickbooks helps me get paid, manage cash flow, and run payroll. and now i'm back on top...

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file exclusively on fox nation, watch it on fox nation.com. what a pleasure it was trying to fill her shoes. from new york, defending freedom for the great [ gongs chiming ] >> it's a "strange inheritance" "gong show." >> and this is the set of gongs. >> the very set? [ gongs chiming ] >> a piece of history. >> you want to liken it to a stradivarius except there's only one set of true puccini gongs. >> a musical mystery. >> how the heck did they end up in a warehouse in queens? [ drumroll plays ] >> but drumroll, please. [ castanets clicking musically ] can she strike a deal to fund her husband's dying wish? >> are you hoping that someone will see them and say, "here's a check"? >> you better believe it. [ door creaks ] [ wind howls ] [ thunder rumbles ] [ bird caws ] ♪