planes, biden administration said they would be robust screening, they did not, very few people were sent back to afghanistan, we know that majority of folks who came here didn't have anything to do with helping us in our missioned. mission. elizabeth: are we vetting beam enough at the border. >> no, nota at all. venezuelan says they want asylum, wh once they hit colombia they hit asylum. i am elizabeth macdonald, you have been watching "the evening edit," thank you for joining us, we hope of you have a good evening and join us again tomorrow night. >> welcome to best week of your life, another day, another batch of documents,

white house on defense. more secret times files have been found at president biden's home. how many more files are out there? like the x-files but real. republican say they are furious over president's growing document scandal, they say it exposes a massive double standard, i agree. in way that president trump was treated, not only that but how liberal media reacted. and the more we learn, the worst it looks. biden administration admitting that president biden's lawyers found more documents than they disclosed. this in addition to the stuff they found in the garage, don't worry it was block there was a corvette the there. >> look attic stock. -- tiktok or timeline. president biden and his aides found files at

penn-biden center. 6 days later midterms, november 14, my mom's birthday, attorney general garland initiated a few of the matter, on dec december 20 more documents in the garage, next on the corvette, on january 9 there is cat and the bag, they are no longer conjoined, more documented found in biden home the next day, attorney general announced a special counsel saturday, we learned about the additional documents in the home. this morning on fox, kentucky republican congressman james comer said he need to get to the bottom. >> president biden's attorneys are still rummaging around what essentially is a crime scene this whole process has been handled poorly, we want to know who all had access to the classified documents at biden home. kennedy: we will never know,

he doesn't know what they're. he doesn't know how they got there no one will come forward and say yeah i'm the idiot that put those things in the garage, but republicans are not only one with question, california democrat adam schiff, schiff for brains, admitting the biden document debacle may have harmed national security. and white house has to be more fort coming. >> the white house knew about this november second. >> i think that dang needs administration needs to answer that question, important to point point biden approach is different in a sense it looks it was inadvertent that documents were there. kennedy: not an excuse. republicans have started an investigation into president's handleing of the secret documents, where is that now?

joining me now louisiana republican congressman mike johnson. welcome to the show. tell me what your investigation seeks to discover. >> a lot of questions, you covered it well. there is a lot to keep up work with so many tranches of documents in so many places, timeline is very important. i'm glad that you began with that this was first discovered before the election. among our top questions for the department of justice and attorney general himself, when did you been this? why did you conceal this on appearances that is what it look like until after the election, that is a big question. and important. we also want to know, what correspondents have you had with the president and his representatives about this. seems to be a double standard, we know when there

documents supposedly at mar-a-lago there was a raid, they played it out on national television. why has know merrick gary garland ord ordered a search other biden property, there seems to be documents everywhere, this is a complete double standard, this is the weaponization of federal government. it is demeaning the institutions they s supposedly represent. kennedy: i have to agree, i think we're seeing unequal application and unequal protection under the law that is problematic when you deal with one president who says he wants to run again and raid on a former president who also wants to run against the current president. whose executive branch overseas fbi, that raided trump's home but also the ag who is in charge of this whole thing.

so to look that there is not con conflicts of interest. the president is saying, i had a problem with this, president trump as well. i think whoever has access to the most powerful person in the world, we should know who that person or people -- we should have a list of those names. is there such a thing as private residents, where the president of the united states. >> i don't think so, that is a real problem. if there is not a list of who visits that residents why we know at least for several years, you had top-secret highly classified sensitive information, we have to get this information in in some other way away may vi have to subpoena family members of bidens and other people show w. who

have went there, we have some of the most highly sensitive documents relating to iran and china. dealings in ukraine. they were at residents where hunter biden listed at place he lived. this is a big concern of the american people, it deals directly with our national security, we have to get to the bottom of this. the american people are owed those answers we have to seek act act accountability, we'll have a select committee weaponization of federal government, it has become in oversight and judiciary, we put timelines in questions for documents, we'll see if attorney general complies, he better, the credibility that whole department of justice is what is on the line. kennedy: it has been for some time, problem at --

problematic with the fbi. congressman thank you for your time. >> thank you, kennedy, appreciate it. kennedy: and as i mentioned president biden is now getting hit from all sides over the documents scandal. even georgia democrat senator warnock said no one is above the law. >> classified documents are to be taken seriously and handled with a great deal of care, no one is above the law, we need to get to the bottom of this. kennedy: i'm a real senator, l, la-l.a. >> and biden has been called embarrassing after his comments last year. >> he said what donald trump it was careless, does he have to eat those words considering what happened to him. >> it s it is

embarrassing, right. kennedy: i love her hair, i want to marry her. >> let's meet our party panel to discuss this, including host of the gary and shannon show. it is gary hoffman, and stormer state department deputy spokesperson marie. spike koen, gary i start with you. why didn't we know aboutne these things sooner, i'm worried about that and who put them there. well, let's just say that for the benefit of the doubt, to give joe biden the benefit of the douse, this was an accident. a simple mistake whether his or his staff members whatever. it is a avoidable,

officially cover thely and ridiculously mind numbingly stupid mistake. let's say that justice deputy finds out there were not a lot of heavy intelligence secrets hidden in the classified documents let's say he gets out of this scot-free. if you think that is only thing that will come out, between now and whatever official announcement he thinks he will give in march or april or whatever. there is a lot that could go wrong for him. this on going washington d.c. practice was not coming forward and n not acknowledging a transgression and hoping original issue goes away, that has proven time again to bite you in the old.

to ride this out that looks really bad, karine jean-pierre is struggling. kennedy: i'm so glad. >> to eblexplains she claims transparent. kennedy: so, marie give karine jean-pierre some advice, you have done that job, you have been state department press secretary, you know what it is like to taken coming from agitated press, there is different, friendly members of press who had her in their sights, they wanted answers, she was not prov providing them, then she got a drip, drip. drip. what would you have told her about maybe a better way of

neutralizing this situation. >> i think as someone who has to stand at that podium and answer questions, you want to be able to say as much as you can, quickly and early as you can, i would guess she is probably pushing for that, i would guess there is tension, i don't know this. often lawyers say we don't want you to get too far ahead. if you are press secretary and this advice i give to whole white house, you need to say as much as you can about how you are cooperating and turning everything everyone as soon as found, highlighting difference between president biden is handling and how former president trump handled it they are different. but you know, i would like to see them be more transparent, quickly put out as much information as they can about how they are cooperating and emphasizing small number of documents it is in their benefit politically. lawyers have a different

take. but, at end of the day, i do think it was inadvertent. >> joe biden is probably the only president in recent history who could claim that he unintentionally forget and left behind top-secret classified documents multiple times and multiple locations that is plausible. that man is routinely forgetting. the real crisis, are thing that is buried in middle of our climate crisis, joe biden has a corvette. anyway. there has been a lot -- >> that is not an electric vehicle, there, boxes in there. probably got chinese hooker heads, party panel.

if he doesn't ride pete buttigieg bicycle, i will be motor fid. >> we have more coming up but first twitter files hatching potentially game changes class-action lawsuit, all about attempts to sensor information on platform, yale law professor jen rubenfeld joins me too break it all down next. the drummer, the dribbler, and the day-dreamer... the dribbler's getting hands-on practice with her chase first banking debit card... the drummer's making savings simple with a tap... ...round of applause. and this dreamer, well, she's still learning how to budget, so mom keeps her alerts on full volume. hey! what? it's true! and that's all thanks to chase first banking. freedom for kids. control for parents. one bank with tools for both,

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kennedy: elon musk claims that twitter files prove that government violates first amendment. what can be done about it. a yale law professor said you might have standing to sue the federal government. so how else can we the people strike back? joining he now, jed rubenfeld welcome to the show, sir. >> thank you. kennedy: i'm big fan of yours, and "wall street journal" piece you wrote,

was -- articulated well some problems that people have come up against in trying to sue tech giants. one of the problems they want to go after former employees, but that is a tree that buries little fruit. you have the idea maybe there could be a class act suit based on 1976 ruling that could go after the individual federal employees who are trying to get twitter and twitter employees to do their bidding, how would that work. >> that is right. you know, step back. what people need to understand, in my opinion, this is most serious threat to first amendment of our time, you have an arm of federal officials at all levels of government getting in their closed-door with big social media companies trying to introduce them to sensor constitution al ally protected speech, that

say huge threat. problem is let's say, twitter censored one of your tweets and you wanted to sue twitter for it, what good is that, you can't collect damages from twitter, for first amendment violation. and they may have reposted tweet by now, that is moot also, who can sue, social media users can sue not twitter but federal federal agents, we have rights took we can sue those agents as a class action. kennedy: and that is an angle most people don't realize, we think of first amendment violated we think

of just speakers it is in fact people who are trying to hear and engage with that information, when that is subverted there is a harm done there as well, when congress forms a committee or select committee to go after this sort of thing, do you think it is pointless for them to call former twitter employees, do you think they should call the federal employees by s subpoena to testify. >> they should do both, by the way not just twitter it is facebook and google too. kennedy: amen. >> so you have to call both, both parties have access to communications. you need to get both sides of the communications, and find out what is saying what to whom and how i they are responding. that is how you find out if

something unconstitutional are happening. >> you are surprised by people of media that are protected by first amendment are -- this. >> it is pretty shocking. this is a polarized partisan thing, we all know that, it should not be, every american who believes in first amendment should be equally worried about this. if the government were doing this under trump or did to suppress progressive speech and continues they would did crazy about it. you know, we had a period called mccarthy era, we had a hollywood black list that was government pressures hollywood, private companies, not to -- to deplatform writers with supposedly socialist opinions, everyone was upset about it. that is very similar to what is happening now, this is

nonpartisan, everyone should see this as a big problem. kennedy: and they are not on your side even if they donate money to your preferred party, jed thank you so much, continued success with your writing and teaching thank you. >> thank you. kennedy: coming up. younger voters rejecting two party system, going independent, i break down why this is a win for freedom. even though they are wrong about some things, my memo is next. in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our client's portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? (fisher investments) yep. we do better when our clients do better.

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kennedy: predicted midterm red tsunami never crashed ashore. what gives, chumps. people are sick of clowns in two parties, they have a healthy distress of washington to go with partisan disdain, older

voters, silence generation, they are more likely too lean republican, with the fewest independents of all generations 26% of them in the i column. because they feel both parties and federal government, have failed them. republicans assumed hating democrats was enough to shift power, and what i were asked, you are better off than you were two years ago. every said hell no, but not enough to light the lustful fires of dormant republicanism. they known like america. there is a lot of generational blanket recent resentment.

baby booms and silent grays are still patriotic. the fact that we can criticize and potentially change it, speaks to the power of. there are a lot of lovely cities in beaches in world, many are lorded over by despots and fascists who will jail you for speaking truth to their flaws, partisans are so blinded by us or them trench warfare, they will never see richness in this independent elect e-- electorate. they are right to be skeptical of the two party system that only looking to enrich and protect itself. interestingly, greatest living generation, gen xers, yeah. stay consistent.

44% of us identify as independent in 1992, that number ho holds today, they should be in charge of the world, if for no other reason than to reasonably leave you the hell alone, that is the memo. >> american trust in government, is hovering at all-time lows. this according to a pew poll. want to know why? look at gummers in charged. why don't third parties have more success? party panel is back. spike, this would be a wonderful time for a third party to swoop in and bring joy to, why is that not happening with greater success. >> that is incumbent on us

to br break narrative that a lot of people have, not just libertarian party but third parties in general. it is frustrating for us to' to take them by the neck, say we could win if you vote for us, but they will not do that unless we show them, the best way is to win in local races, i'm one of first me mi. they are stuck holding the bag, after decades of bad policies, they are stuck with the debt. and inflation and growing police state, and student debt crisis. by parents and grandparents generation, they are flamed bl blame blamed for it. yes, they are sick of democrats and republicans and correct news they have been working together to screw us all over.

especially us, and we have been stuck holding the dag, bag, we have an opportunity to break the cycle. and end the strangle hold on government, take the power back and fix problems. working with gen-x. kennedy: marie, you are . that is fine. do you understand wh and a. >> hate the two party seam. >> it involves to partisan fighting our structure of

government, in many ways, set up for two parties. look at gerrymandering, drawing house districts. that are weo weighted republican or democratic that does not encourage real competition. we have not seen success at national level, that is why i think you have seep democrats in swing districts and certain states reach out to independents beyond partisan bickers and make case that republican party is going to extreme, they go further right, they are not thinking about independents, they are continue. kennedy: however, republicans have added more members by 2 or three% and democrats have lost the system number, that is not all too surprising. democrats have had the hat trick in washington.

and i don't know they have a lot to show for it. is this generational g gary, or is everyone sick of a big dump system. kennedy: i think that everyone is pretty sick of the big dump system, those people who identify add independent publicly would tell you they belong to one parties or the other in private or vote closely with one party or other. kennedy:s. yes in t. >> they are sick of the labels. it became trendy here in california to register at independent to put an end to political conversations. kennedy: live being a nonaffiliated voter in california. it is fantastic. if you say you are a republican, they say you are a white s supremacist. that either of those are good. new york democrat governor

kathy hochul is planning more tax hikes this time on cigarettes because she hates poor people. accoraccording to her state of state address taxes from 4.35 to 5.35, that is just taxes, hochul said meant to create a tobacco-free generation, i would make a certain gesgesture with h my hand, let me ask you, will this to more harm than good. >> harm, new york cigarette tax is already highest in the nation. cigarettes are bad for you, unless you pay the government to let you smoke them. then it is okay, in new york. the cigarette taxes lead to disasters and deadly outcomes, we only need too ask family of eric garner about, that eric garner, the reason that police came to him he was selling loose

cigarettes, he was month to t-- wasn't correcting state tax, he was helping consumers who just wanted a cigarette that triggered nypd to send odd their so-called quality of life enforcers to come and kill him. no doubt to improve his quality of life, the quality of life units are directly funded at least in part through these types of so-called s sin taxes this does not help anyone, it is a cash grab from government for flimsiest, it is punishing poor people, that is a regressive tax on the poor, if you don't follow it, they will come out and kill you. kennedy: so, marie, sure the scientific and medical data shows that smoking is bad for you, however, i like smoking a sig l cigar

once a week should be be shut out of state of new york. >> i don't think saying more in taxes will run you out of the state in new york. eric garner was killed because the new york police department killed him. nhim. >> to enforce the taxes. >> the tack is not -- tax. >> they would never come out if it was in a cigarette tax. >> let me opinio finish what i'm saying. look, people who are trying to go and enjoy nature don't have to be subject to second-hand smoke, they are all good, we know smoking kills, not just those who smoke but those around them, and in general it is good she is taking steps to cut town on new yorkers smoking. kennedy: d so does dress and being s sedentary, when will phys fitness

police come after that. >> amazing, public health, the mechanism of public health failed left and right and tripped on its own belt loops, i guess. if 12 1/2% of americans smoke, that is down from a high of 46% i believe. people who are obese. not a great clear message from governor hochul about maybe pot is not a great alternative to cigarette tobacco, maybe ses cigarette spokes is not great, wi taxing people oh, more than half of the cigarettes that are purchased in state of new york, are smuggled in. how is another adding a dollar tax on each pack

doing away with that problem. kennedy: one of my producers that lives in harlem, every pack there is cheaper because they are smuggled in. they have the virginia state tax stamp on the bottom of each pack. people don't want to pay tax, but they like to smoke. lovely loveliness from you all, thank you so much. >> thank you. >> you made my weekend, coming up, house republicans, officially launching a probe to president biden's chaotic afghanistan withdrawal. greg -- joining me next.

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kennedy: welcome back, remember biden administration botched afghanistan withdrawal, house republicans. launching a probe. the chairman of house foreign affairs committee requested intelligence assessments, communications, with taliban and much more from secretary of state. committee also expected to issue subpoenas to compel u.s. officials to sit for depositions, more than a year later, will we finally learn why administration evacuated our military before our civilians then let t taliban takeover. joining me now, member greg,

hello. >> good to see you. kennedy: this is one of those things. i'm still shocked there not more bipartisan support to figure out what went wrong, 50%, here, who say our longest war was a waste. why more people don't want to get to the bottom of are all of the questions that we have about the war, but certainly, about that deadly withdrawal. >> i think they do. thank you for talking about it mainstream media is not talking about it. as we sit here, we still have americans stuck in afghanistan they can't get out. afghan was found at border trying to cross, how did he get there? all these questions we have asked. we want to have answers. yet d administration as ignored us for over a year, now we can subpoena the

individuals, and veterans like myself who served overseas have a lot of hard feelings about way that withdraw went down, it is hard to begin, the service members you died and people you left from bagram that caused this to occur, people that are still lift there 80 bil billion dollar of military equipment that is still left there. taliban could be selling our military equipment to russians right now, nobody would know it. kennedy: what would it take to turley get thes of state and defense to resign in shame. i've been calling on this since this happened. so disgusting to me the smugness. portrayed the advice they were given about the state of afghanistan. they blamed the government

there. they blamed american citizens for not heedings warning of the state department, even if they could have done so, there were not state department officials there to help them out of the country, what would it take to turley move tthe -- to actually move the needle, so it is not just another another wasted congressional committee? >> i don't want them to resign, i want them to bring the information before the american people and impeachment them, that would have bigger weight before american people to show evidence to american people of the impeachable conduct this milley and others have done, mil, milley should be court-m court-martialed. i want to bring them before

these committees, let the american people see evidence they had and we have before the american people that now we can get and show them these individuals should be impeached for conduct that was unbecoming of their positions in our government. kennedy: i hope that happens, i like the idea of impeachment as accountability, you are right if they do just resign, and walk away, we'll never know what happened. we have to know what happened so we don't repeat this thing. thank you so much congressman stubby. >> good to see you. kennedy: topical storm is next. dad, we got this. we got this. we got this. we got this. we got this. yay! we got this. we got this!

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kennedy: according to amazon, prince harry's new mmemoir is selling better in hard cover than soft cover, harry's fans are excited to final see him with a spine, that is a real page burner, top topical storm, mug shot monday. meet 35-year-old baron, a wanted man found by california police covered head to toe in black paint. he was trying to disguise himself as trudeau, his

mother at called cops to report he was sleeping on her couch. the search for baron turned up a glass pipe, filled with methamphetamine. he got in a black market. >> for more news coverage, feel like watching paint dry, you can tune in to cnn, . >> a woman in colombia gone viral for throwing safety out her window for cleaning her apartment. the brave window washer was out there with no safety

equipment, walks across a 12 story ledge. that is more stories than george santos has about his country of origin. windows can be a real pain. for this lady, the choice is clear this could be biggest commitment to transparency since the twitter files, topic 3. try that. now to a disturbing case of foul play at the zoo. i'm not talking about how the sick monkeys abuse themselves all day. perverts. it began friday at dallas zoo, an unknown vandal appears to have cut a hole in the enclosure allowing a leopard to escape in to the city. but the biggest beast in dallas is still luca.

>> luckily after a while the leopard was spotted and lun was found outside of her enclosure, taking a nap on top of a tree. or great idea. topic 4. according to a famous psychologist today, is most depressing day of the year, it goes up from here. it depressing if you are a vikings fan, today called blue monday, considered saddest day of the year, based on a combination of worsening weather, and lingers christmas debt. tell me about, that. but based on new price of eggs, i think that e easter debt is about to get worse, and considers will go of failed newer year's

resolutions, told you, never do them, they are stupid. if you are experiencing seasonal depression, psychology expert offer three tips to lift mood, live a more balanced life, keep your room clean, live in the sunshine, live like this lady. we'll be right back with mouth trumpet monday. this mom's one step closer to their new mini-van! yeah, you'll get used to it. this mom's depositing money with tools on-hand. cha ching. and this mom, well, she's setting an appointment here, so her son can get set up there and start his own financial journey. that's because these moms all have chase. smart bankers. convenient tools. one bank with the power of both. chase. make more of what's yours.

detect this: living with hiv, i learned i can stay undetectable with fewer medicines. that's why i switched to dovato. dovato is for some adults who are starting hiv-1 treatment or replacing their current hiv-1 regimen. detect this: no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. research shows people who take hiv treatment as prescribed and get to and stay undetectable can no longer transmit hiv through sex. don't take dovato if you're allergic to its ingredients, or if you take dofetilide. taking dovato with dofetilide can cause serious or life-threatening side effects. hepatitis b can become harder to treat while on dovato. don't stop dovato without talking to your doctor, as your hepatitis b may worsen or become life-threatening. serious or life-threatening side effects can occur, including allergic reactions, lactic acid buildup, and liver problems.

if you have a rash or other allergic reaction symptoms, stop dovato and get medical help right away. tell your doctor if you have kidney or liver problems, or if you are, may be, or plan to be pregnant. dovato may harm your unborn baby. use effective birth control while on dovato. do not breastfeed while taking dovato. most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. detect this: i stay undetectable with fewer medicines. ask your doctor about switching to dovato. >> tech: when you have auto glass damage, trust safelite. this dad and daughter were driving when they got a crack in their windshield. [smash] >> dad: it's okay. pull over. >> tech: he wouldn't take his car just anywhere... ♪ pop rock music ♪ >> tech: ...so he brought it to safelite. we replaced the windshield and recalibrated their car's advanced safety system, so features like automatic emergency braking will work properly. >> tech: alright, all finished. >> dad: wow, that's great. thanks. >> tech: stay safe with safelite. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪

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kennedy: ♪ ♪ >> all right, music lovers time for mouth trumpet monday, use hash tag mouth prestrumpet monday on twitter, here is the song. ♪ ♪ >> thank you for watching the best hour of your day, you can follow me on twitter, instagram. , e-mail me. and tomorrow night, james comer, shane hazel, charlie hurts so good. capt can't watch the show kenne dvr it. i'm not talking about the skull and bones society