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judge napolitano? judge napolitano: in a word, yes. the constitution is very clear.gress declares war and the president wages war. the president has a 60-day window. it's very clear. it has to be an emergency to fight back or to cause a preemptive strike when one is imminent pounce or pursuant to a treaty. none of those situations applies with respect to syria. syria and the united states are both signatories of the u.n. charter siernd by president truman and ratified by the united states senate. a treaty is the supreme law of the land alongside the constitution. the teethe sets forth the circumstances -- the treaty sets forth the circumstances under which a president can wage war. kennedy: you make a point that everyone was dturb bthe imagesf the dead and dying children. off course, but that disturbance does not create the legal basis for war. if the president of the united states can use the moral revulsion as a basis for attacking that government. there wouldn be no limit. kennedy: or the leader of any country to attack any country with whom they have moral and ph

judge napolitano with the surprising answers. and it starts with making trouble. you want the truth, and it not that you can't handle it, but searching for it makes you racist. agey protesters were outraged over a speaker whose words offended them. after mcdonald's speech which was relocated and truncated, a group of 20 emotion alley challenged students wrote in their cream that truth is an expression of white supremacy, but also the idea that the truth is an entity for which we much search in matters that endanger ourbility to exist in open spaces is an attempt to silence and oppress people. students at a liberal arts college said the idea that we must on our selves routinely to the hate speech of fascists who want for us not to exist. and want black people to be impervious to pain and apathetic to the brutal and violent conditions of white supremacy. if you believe in an objective truth, you are a racist. so you have ever done a math problem, proposed a science experiment or dialed a phone number, you are racist, you love slavery and you hate black people. the b

i think that judge napolitano's point on this issue is quite clear, there may be a case to be hea head -- had in terms of courts. interesting in knowing that if my liberal counterpart kelly is interested in defending action of student body who was looking to push a violent agenda. >> i am not defending violence, i am not saying that the police should not back up a good conversation of ideas, but ann coulter is not coming to campus hoping to start a good conversation. >> but who are we to judge on that, who are we to judge. >> the college has to make decision with their law enforcement how best to protect the students while protecting them. >> so, so. >> they were trying to give her a forum, place and time. liz: kelly, kelly, hang on. stay with me. so, the date they selected, nobody would be around. >> berkeley, people are always there. liz: wait, hang oyou know, students not. >> less people. liz: all right, that is the point, why not just be positive for a second. i am talking berkeley, would it be great if to a liberal law professor take on ann coulter, that would be exciting. >> of c

judge napolitano breaking down the case tonight. >>> should the irs seize your assets if you've done nothing wrong? >>> and a boss of one company asking employees it implant tracking chips inside their bodies. grab a scalpel. time to operate. >>> susan rice hates president trump, that animosity allowed her to compromise her integrity as she unmasked opposing operatives. widely known former national security adviser rice identified americans who communicated with foreign targets and her old boss, former president obama, relaxed intelligence rules so over a dozen agencies could share the information. should be afforded reasonable privacy protection with, a contentious white house race, that information that directly translates to power is too intoxicating to pass up. and with name and details shifting from one agency to the next, there are exponentially more eyeballs on the intel that is complicit with journalists. rice made no bones about her dislike for the current administration and rote in a recent op-ed that the president dissembles and contorts the facts? remember bowe bergdahl a

judge napolitano: people convicted of crimes, convicted of a crime here.ir time, get out of jail, the trump administration is deporting them immediately and rightly so. he has every right to do that. the american public expects him to do that. but a lot of them are not tellinthe government where they are or who they are because they are so americanized that it's not apparent they are immigrants or undocumented or here illegally. liz: we have house minority leader nancy pelosi saying another promise broken by president trump. instead of honoring the protections of the deferred action for childhood arrivals, president trump unleashed an indiscriminate immigration dragnet of appalling inhumanity. didn't the dreamer status expire? judge napolitano: it was an executive order written by president obama and it was split 4-4 at the supreme court. mrs. pelosi is in a dream world if she thinks president trump is going to enforce an executive action by barack obama. liz: thank you so much. we loved having you on. the american manufacturing ceo who met with trump tell

napolitano. rep. napolitano: thank you, mr. chair. mr. thomas, i have a question in regard to capital investment grants. the trump administration state -- skinny budget calls for the elimination of the capital investment starts. dart has two different projects in the pipeline. do you think it makes fiscal sense to eliminate an infrastructure program that has 55 projects from across the country in the planning potentially setting back billions of dollars of infrastructure investment? mr. thomas: there's certainly across the united states, congressman, there's been a lot of work done in preparation of these projects. a lot of the projects, as they are in dallas, have gone through extensive community meetings, planning efforts, lots of coordination. certainly in our case we are , bringing a significant amount of money to the table, as we always have and as we'll continue to the in our financial plan. people have looked at the f.a.s.t. act as -- although it only goes to 2020, and we understand there are channels beyond that, we are appreciati

joining me now judge napolitano. who gets to decide parameters? >> the listener. decides what he wants to hear, and speaker decides what she wants to say, the government has no rule in it. that is not me this is supreme court of u.s. on first amendment. nyu is a private institution, they can do what they want. but white supremist, at auburn. owned by the state. and ann coulter, at the berkeley owned by the state. it protects hate speech. liz: liberals but not conservative? >> i condemned bush administration when they created free speech zones, if you want to say something, you had to be 3 mile away. "new york times" condemned them, today "new york times" is supporting the concept of free speech zones. >> cut it out with the zones. were not the founding fathers against parameters. they protected extreme speech, because with that sun light you can find out and flush out the people who hate freedom, the kkk'ers, you want to hear that so you know who they are. >> you are right, if hate speech is criminalized it will go underground, you will not know who the haters are

the true amount napolitano says is actually $38 million. as for the charge of interfering with the audit, there is this response: >> no, we did not interfere with the audit process. >> reporter: the state auditor told us the interference came from survey questions sent directly to uc campuses across the state, but then altered by the president's office. >> we found that some of them had actually been changed. >> we wanted to make sure that the individuals who were most informed and best positioned to respond to those questions would be able to and that it would yield the most accurate information for the auditors. >> reporter: in sacramento, mike louis for ktvu fox 2 news. >>> it is unjust to force tuition hikes while the uc hides secret funds. the board must reverse its tuition decision. >>> well new details tonight on the expected tests of free speech riots at uc berkeley on thursday. the commentator ann coulter says she's coming to give a speech even though the university says it cannot guarantee security. the college republican group th

judge napolitano:. judge jeanine: when they say there is a security threat, i assume don't buy that. >> as you points out -- apparently howard dean don't and none of the administrators do -- you can't use the hecklers veto. there is loads of first amendment supreme court law on that issue. you can't use the excuse that some people are complaining about this because that's just a ruse for viewpoint discrimination. judge jeanine: they get to veto free speech. when milo yanukovych spoke there, one person was arrested. it went on for 12 hours. $100,000 in damages. it tells me there was a standsdown. it tells me the campus police and city police weren't making any arrests. is there a message there as well? >> yes, that's what we have been hearing. a lot of the rank and file police would like to do their jobs. but at least they don't want to come on camera and say it because they have been threatened by the mayor. but they say i can't stand this. i signed up to be a cop and protect the innocent and we are for

instead, in a letter dated april fifth, president janet napolitano stated the true amount of available and uncommitted reserve is 38 million. the rest are either restricted funds or have been earmarked to academic programs and other campus commitments. other revelations include salaries within the office of the president were higher than comparable state employee salaries. the office spent nearly 22 million over five years on employee benefits which are not typical to the public sector. and staffing levels were higher than at other comparable public universities. >> these are very troubling findings. freeze the tuition increase immediately and work with the legislature to get to the bottom of this. >> reporter: the state auditor recommended that significant reforms are necessary to strengthen the public's trust in the office of the president. lyanne melendez, abc 7 news. >> lieutenant governor and u.c. region entitle gavin newsome issued a statement expressing his own outrage over the disclosure of these hidden u.c. funds. in his statement newsome wrote, quote, it is outrageous and unj

joining us now, judge andrew napolitano. what do you make of that report?it shouldn't be knows really that the government is enforcing the law. it is newsworthy because this government is so profoundly different from the previous government by the previous government took every opportunity at code, whether out of a sense of compassion or a belief that immigrants help the economy or whatever is motivating president obama to look the other way in the face of illegal, who as you just heard john kelly, the secretary of homeland security say, either committed a crime here and went to jail or committed a crime and didn't yet go to jail. both of which can trigger automatic deportations. it is newsworthy when the government enforces the law and that is what is happening. >> martha: you are saying that presidents should not use what president obama called was prosecutorial do discretion. the president can't decide when they will or will not enforce the law, the law is the law and it has to be enforced by the president. >> the president took an oath faithfully to exe

napolitano denies the claim.... she argues the true amount of money in reserve is 38- million....and says that's a modest amount to stash away for unexpected expenses.... meantime, lt. governor gavid newsom - who's also a u.c. regent - is angry aboutthe revelation. he says it's 'outrageous' to force tuition hikes on students while hiding secret funds. he wants recent tuition hikes to be reconsidered.. (grant) the director of a boys and girls club after- school program has been arrested for child endangerment. police say that man posted a photo of a 6-year-old.... on an internet child porn chat room. 22-year-old benjamin goerke was arrested at the boys and girls club in san rafael. he posted bail this morning and is expected to be arraigned on friday. the u.s. department of homeland security tipped off the rohnert park police about the crime. they say goerke took photos of the girl with his cellphone and posted them along with personal information to a chatroom. police say that chatroom is used to help pedophiles mak

judge andrew napolitano. changes to a 35 fighter jets.kheed martin is slashing the price of an aircraft. plus, the new menu at yankee stadium that is ready for a home run. back in a minute. stay with us. kevin, meet your father. kevin kevin kevin kevin kevin kevin kevin kevin kevin kevin trusted advice for life. kevin, how's your mom? life well planned. see what aaymond james financial advisor can do for you. did you know slow internet can actually hold your business back? say goodbye to slow downloads, slow backups, slow everything. comcast business offers blazing fast and reliable internet that's over 6 times faster than slow internet from the phone company. say hello to internet speeds up to 250 mbps. and add phone and tv for only $34.90 more a month. call today. comcast business. built for business. maria: lockheed martin promising to cut the price of the navy at 35. cheryl casone at the details. >> nothing like a bargain. good morning, everybody. lockheed martin says any the navy's version of 35 joint strike writer will drop by almos

napolitano is denying the claim. she argues there is only 38-million dollars in reserve. and says that's a modest amount to keep for unexpected expenses. ( pam ) tuesday night around the bay area.. the weather is pretty nice .. (steve) and about to get better... chief meterologist brittney shipp has details. seasonably cool temperatures will persist into wednesday as a weak system passes inland to the north. this will result in a slight chance of light precipitation, mainly from the santa cruz mountains northward into wednesday. a warming and drying trend will then get underway beginning thursday and likely continuing into the upcoming weekend as high pressure builds over the eastern pacific. breezy northerly winds are also possible from thursday into friday, especially in the hills. ahead at eight.. a raging fire erupts after a deadly crash on a california interstate. what investigators think might have triggered the pile up.. plus. an east bay high school tackling racial tension on campus. a live report..coming up. and next. it tracks your every move.. but we'll tell yo

. >>> a report found that the office of uc president janet napolitano kept a secret budget fund of millions of dollars. >> reporter: the state auditor found that the university of california's office of the president failed to disclose $175 million it had in a special fund. where did that money come from? it was saved because uc spent less than anticipated and yet asked the state for budget increases, it also created a budget to serve only some of the reserve funds and in that secret fund were $32 million from a campus wide annual charge, money that should have gone to students. >> we have a difficult time getting even the most basic questions answered, not seeing very much cooperation. >> reporter: no one in the office of the president was willing tous, instead in a letter dated april 5, president janet napolitano said the true a.m. of available and uncommitted reserve is 3.8 million, the rest are earmarked to campus programs and other commitments. other revelations include salaries within the office of the president were higher than comparable state employee salaries, and they spent $21.6

we bring in judge napolitano next, he says that is not necessarily true, he will explain right after this, don't go away. makes sense of investing. when this guy got a flat tire in the middle of the night, so he got home safe. yeah, my dad says our insurance doesn't have that. what?! you can leave worry behind when liberty stands with you™. liberty mutual insurance. >> unmasks is not leaking, it is routine, something that senior officials do on a regular basis to get a better understanding of intelligence reports. liz: cnn's chris cuomo implying that revealing of american's names and intelligence respect is n report is no big deal. >> the word unmasking is being used in a nefarious way, almost like you should say it in an evil whisper. what is unmasking, what is it right or not? liz: if it was no big deal, why were their names masked to begin work we take it to judge napolitano. the whole thing about name revealing, you know -- >> for all of chris' an mouse in that statement he asked a good question, what is it right or wrong. it depends on what susan rice did with the name, once unm

of the president was willing to talk to us, instead in a letter dated april 5, president janet napolitanoid the true a.m. of available and uncommitted reserve is 3.8 million, the rest are earmarked to campus programs and other commitments. other revelations include salaries within the office of the president were higher than comparable state employee salaries, and they spent $21.6 million on employee benefits that were not typical in the public sector. and staff levels that were higher than other public universities. >> we give uc a budget every year, and we have seen through this audit, there's one unaccounted for increases in the office of the president. >> reporter: lieutenant governor gavin newsom says it's outrageous and unjust to hide funds. he stated that significant reforms are necessary to strengthen the public's trust in the office of the president. >>> new at 6:00, state lawmakers rejected a bill that would have allowed employees to take a paid holiday if they celebrate the jewish high holiday of yom kippur. a southern california state senator wrote the b republican gaston argu

napolitano, is recognized

we'll also hear from california congresswoman grace napolitano on the water conservation efforts in her state. >> please welcome founding editor of "the times of israel" david horovitz. >> good evening again, everybody. 50 years ago israel fought a war for its survival. by the summer of 1967, 250,000 arab troops amassed on israel's borders, forced to protect its people, israel mounted a preemptive strike. over just six days, israel defeated the egyptian air force, retook the sinai peninsula, the golan heights, and reunified the city of jerusalem. the six-day war redefined israel and american relationship with the young jewish state. so tonight we come together to discuss the war and its impact. this is "six days in june." ♪ ♪ >> with us this evening to talk about the six-day war and its impact are three incredible guests. michael oren is the former israeli ambassador. the former israeli ambassador to the united states, as some of you may know, and now serves as a deputy minister of diplomacy in the prime minister's office, also the author of "six days of war," ladies and gentlemen, plea

napolitano denies the claim.... she argues....he true amount of money in reserve is 38- million.... and she says that is a modest amount to stash away for unexpected expenses.... meantime, lt. governor gavin newsom - who is also a u.c. regent - is angry about the revelation. he says it is quote - 'outrageous' to force tuition hikes on students while hiding secret funds of money. newsom now wants recent tuition hikes to be reconsidered.. (steve) lots of californians are still reeling from news of a big fat tax hike on gasoline... now - a report suggests that won't be good enough... a non-profit group called "next 10" says that while 'senate bill one' means billions more for california roads -- the money won't be enough to maintain the roads long term. they're calling the legislation a 'very good first step.' the report argues that the state needs nearly 10-billion dollars more each year....and the options include toll roads or charging drivers for the number of miles they drive. senate bill one passed the legislature april 6th....t

judge napolitano said it laid down the law plus are you drowning in student loan debt a new report showing how widespread the crisis has become. jerry willis is on the case and would you take orders from a robot oscar x. one of the world's richest businessmen saying it is coming sooner than you think. grab the tools, it's time to fix this thing. kennedy: ann coulter's burt the speech has set off a firestorm and i were in the midst of the absurd free-speech debate that opened in losing kazman the left the protest from berkeley to and why you have shown loud lefties are using fascism to curtail free speech. violence has erupted to squash words of sticks and stones may break your bones that may be used to forcefully silence unpopular ideas. it's an interesting debate when these people are for once on the right side of it. >> this goes on all over the country and campuses. they invite someone to speak to is exactly what liberals want to hear and i feel this is the liberals version of book burning and it's got to stop. >> if you n't like it don't show up. kennedy: exactly. even bernie sanders s

judge andrew napolitano. do any of you remember -- a quick break here -- when the president cited a number of caucus members, freedom caucus members for torpedoing that healthcare deal when it looked like a rework was ready to go? he cit as a problem. they have to get on board. we would have great health care, massive tax cuts and reform if they did. one of them is here to see if he's been swayed. raul labrador is next. music: "werewolves of london" dude. your crunching's scaring the fish. dude. they're just jealous. new kellogg's raisin bran crunch with crunchy clusters and the taste of apples and strawberries. (excited) i got one! (jokingly) guess we're having cereal for dinner. new kellogg's raisin bran crunch apple strawberry my belly pain i could build a small city with all the over-the-counter products i've used. enough! i've tried enough laxatives to cover the eastern seaboard. i've climbed a mount everest of fiber. probiotics? enough! (avo) if you've had enough, tell your doctor what you've tried and

napolitano: thank you. mr. pattersonrily and mr. reed. i have been working on an amendment to faa reauthorization to prohibit faa from impacting state and local general sales tax. the issue -- for 30 years, faa has required excise tax to be spent on airport for airport infrastructure, but for 30 years, the faa has not interpreted it to affect general sales tax, which tax aviation fuel as well as other products. sold in the country or the state. now they are changing their interpretation, requiring state and local to count how much is collected by the general sales tax on aviation fuel and siphoning the money back to the airport. major federal thinks it is a problem when state and local governments are being told how to spend their own tax dollars by the faa, it will impact local transportation projects since most sales tax provide for local transportation funding. the hartfield jackson airport in the state of georgia is one of the most impacted regions in the country with the new rule. it will take millions of dollars out of a local contr

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fox news senior judicial analyst judge andrew napolitano is here from u.s. ambassador to china and your secretary of commerce will join us as well. chairman and ceo also former member of the homeland security district council plus actor and co-author of p. no cost at an party's now makes an appearance this morning. don't miss a moment today. stay with us. gop health care is getting another shot at life as the president signaled renewed focus to replace obama cared. will this slow down the timeline for tax reform? here's what president trump and americans for tax reform president over norquist told me during last week's interviews. >> obama cared is a total mass. we are saving tremendous amounts of money on health care when we get this done number one. most importantly will have great health care and all of the savings goes into the tax. if you don't do that, you can put any savings into the tax cuts and tax reform. >> by holding things up for two weeks they may have killed reforming health care. they could permanently damage. >> why do you think this tax ref

. >> janet napolitano coming under scrutiny in a scathing new report. next, the reason lieutenant governor gavin newsom wants to reverse uc tuition hikes. >> now,enning now, groups fighting isis got help from wild boars. media reports say the animals killed three fighters and injured five others. the isis fighters were probably hiding before an attack when they disturbed the wild boars. >> france says it has proof the syrian government was behind the chemical weapons attack. samples match those from a previous attack. we're back with more local news in two minutes. stick around. >>> well, get ready for some tense moments this friday. flood victims in san jose say they're ready to give elected officials an earful. >> bigad shiban is here to explain what this all has to do with millions of tax dollars. >> last month, our reporting revealed how nearly $11 million of your tax dollars were spent on designs supposed to reduce the risk of flooding for parts of san jose. we discovered the pricey plans havability amounted to a single fix, which communities vulne

the auditor found the offers of janet nal l napolitano had $177 million in reserves and did not reveal the surplus to even it's its own board of region ents. the auditor claims the offers created secret budgets to spend the reserve funds. now uc has count erred the figure saying the size of the reserve is actually $38 not the figure the auditor is claiming. it adds that the report unfairly mischaracterized its bungts process. the news comes at a time when the university of california is preparing to raise tuition this is fall. lieutenant governor gavin calling for the decision to be reversed. >>> oversees no north korea remains active in that's deeply concerning for many countries around the world. today the north korean military staged major live fire artillery exercises. south korea confirms the activity and reports leader kim jong un was there. the u.s. military conducted exercises today and both sides of the core even peninsula with allies jap and south korea. the uss carl vinson is also on-site in the region, along with the nuclear powered subthe uss michigan. alsoed today nuclear

judge napolitano is here. i'm going to get my two cents worth in first, if i may.. >> yes. i mean, this is really a tragic loss for the freedom of speech, because this'll probably continue. so she has, was informed not only by the university, but by her own supporters that nobody was prepared to guarantee or evenfectively stand up for -- evenfectively stand up for her safety, and she'd be walking into something very uncomfortable and dangerous. so a university, wholly owned by the state of california -- therefore, regulated by the first amendment -- has thumbed its nose at the obligations under the first amendment. she said something very interesting to sean hannity last night, she blasted the lawyers who were hired by the group to sue the university because they sued for money damages rather than suing for specific performance. rather than saying to the judge force them to host my speech, they sued for cash. what a -- that's -- i don't blame her for criticizing the lawyers for that. they dropped the ball, and they blew it. stuart: i'm critical of the university au

stuart: quite napolitano! .laughter] we've got a serious questions to ask the judge here, let me back up a little. i want to get back to the results in fresno, a black man hated white people shot and killed three, he posted a video of one of the killings on faibz facebook, caught and shot himself. as he shot he called alua akbar. >> hate or terror. >> there's a federal definition of terror, two or more violent acts. he committed two or more violent acts, he killed four people, intended to change the policy of the government. probably not here. stuart: doesn't meet that test? >> before we get that, the reason for characterizing an act or acts of violence as terror related or even hate-motivated, is to enhance punishment. if you're in a state that does not have a death penalty and these murders are an act of terror, the feds can take over, prosecute, convicts and get a jury to impose the death penalty. if you're in a state that does have a death penalty, which is the case here, and a state that uses its death pena

u-c president janet napolitano denies that claim.(darya) coming up on the kron four morning news... the warriors are a litle closer to finding out who they are going to play next now that the clippers are on the verge of elimination... but don't tell that to chris paul. we'll take you inside kevin durant's home to show you how he prepares for a big game. and the big news, marshawn lynch coming to the raiders. the world according to gary is in a few minutes. and after the break... a major health warning. why the f-d-a says not to trust cancer treatments you can purchase online. no major hot spots. bay bridge wb 80 is less then 30 min from the maze to sf. (darya) a warning as more fake cancer treatments are being sold online. (mark) the f-d-a says there are 65 products being promoted on the internet with false claims that they can treat or prevent cancer. the products are mostly sold on social media and can be harmful and result in people not getting approved and effective treatments. (darya) the pills. creams, and teas are not tested

judge napolitano, we got that sound bite.use is he also in charge of the tape room. let's play it. >> here's what the statute says. if it is necessary to get that name in order to understand the conversation, she can get it. that's called unmasking. she can do that. the president can do that if they keep it to themselves and if the conversation is truly about national security. if they cause that name to get out in the public, then they have exposed a top secret national state secret. that's the same crime that hillary clinton probably committed when she put top secret information on a nonsecure email server. there is a request that can be a crime. if she knows that the conversation is not about national security, and she gets the unmasking. ainsley: she is going to say. ainsley: reports show that the trump team was surveilled for a year. and the kind of information that they were getting could be very personal information. brian: susan rice might not have been the on one to haveque. meaning that somebody else, might have req

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judge napolitano is here, did she commit a crime?well, we don't know all the facts, but we do know what the law is, so, start out with basics. the use of intelligence data for political purposes is a felony. stuart: okay. >> so if she unmasked a person or requested the unmasking because it was necessary for her to understand what a foreign person was talking about, that's lawful under the rules. if she unmasked for a political reason, unlawful. stuart: wait a minute, look, you put her on the stand and you say did you do this for political reasons she would say, no, no, no. >> that's the way you say, here we have a conference between donald trump and paul manafort, there's nothing talking about the russians, talking about a speech at the national convention. stuart: do we know that she had access to that kind of transcript and then put that transcript around within the obama administration? do we know if she did that. >> no, we don't know the facts, we don't know we have access to, we know what she admitted to. she admitted to unmaski

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here to weigh in digest the documents last night fox news senior judicial analyst judge napolitano.forth right in that statement. >> not overstating at all. these are not civilians arrested for political crimes. his own justice department the obama justice department characterized these people are serious terrorists who had supplied material equipment to terrorist organizations in the middle east and who had supplied nuclear components to iran. brian: buying them from us. >> correct. they were being prosecuted from us. serious prosecutions with a tremendous amount of evidence against these people. the next day they were gone. the prosecutor suddenly learned that the defendants that they were prosecuting were out of federal prison and back in iran. ainsley: iranian deal would not have happened according to president obama without the release of these individuals? why in the world would he agree with that. >> what did we gain in return. steve: we got "the washington post correspondent. >> it goes deeper than that. it goes to hillary clinton when she was secretary of state and american

fox news senior judicial analyst judge andrew napolitano says rice's actions may have been criminal. he joins us tonight. president trump promised to build that wall. but his homeland security secretary doesn't seem to be overly committed to the idea. >> it's unlikely we'll build a physical barrier from sea to shining sea. lou: the executive director of the national immigration forum joins me. and the co-founder of the house freedom caucus, congressman jim jordan. he's taking part in those renews efforts to repeal and replace obamacare. deep divisions remain and so far no sign of a deal. good evening. susan rice is defending her request to unmask trump campaign and transition officials who were inadvertently surveilled by the nsa. she calls her request routine. it's clear also the requests were anything but routine, and were actually he unusual. according to members of the house intelligence committee who have seen the intelligence reports at the center of this unmasking scandal, the files do not pertain to russia, but contain information highly personal in nature. >> this is informa

-- >> release name of mike flynn. >> i leek nothing to nobody never have never would. >> judge napolitano. >> a couple points does anybody surlgs doubt the president's claim he was spied on by predicate can he sayer. >> that would be trump's claim tweet saturdayorng. >> we now have acknowledgement right here by president obama's national security adviser that yes, it did go on she says went on in the context of where communications between campaign transition, and the foreign power who was talking unmasking names says in need to know for national security purposes. >> suppose paul manafort donald trump are speaking going over wording for his acceptance address at republican national convention in cleveland she said to president obama mr. president look at this a felony. >> oh. >> that is the use of intelligence data for political purposes. a felony. suppose she set in motion release of mike flynn's name he and president trump the only two people we know unmasked we can guess who others were but we know they were they are unmasked she sets this in motion, by disseminateing true names to so

judge napolitano is here. what do you know about leaking?tance of the cia. i mean, this is certainly someone who had access to these materials, so it's a finite and relatively small universe of people who could have done this. so the fbi would be seeking guidance from the cia as to who are the people likely to do this. the fbi has actually arrested a couple of people in the past year who have secreted things in their homes. they haven't released it to anyone, but they've taken top secret material, put them in their homes, we don't know why. there was no harm. but still, the crime was committed. so mike pompeo, who is the former kansas congressman and now director of the cia did the very, very unusual thing of getting on national television and personally politically and aggressively blasting julian assange and wikileaks, arguing they're not a serious journalistic organization. if they are journalist and the definition is very low, then they can release with impunity just as we could anything that they obtain. if the thief of a top secret doc

we want to bring in judge andrew napolitano. >> good morning.ourt finally going to be complete? what takes place today and how does that play out? >> first thing he does is signs an oath at the supreme court probably 8:15 or 8:30. at the moment he sign it is oath he's a justice of the supreme court. he has a private ceremony with just members of the court and family, that's chief justice roberts. so this is a truly, truly remarkable transformation. it's happened before at american history, but it's very unusual. chief justice rhenquist clerk for jackson, when rhenquist was right out of law school clerk. justice kennedy bringing law clerk as one of his colleagues. there's a lot of hot-button issues, religious liberty, an area which judge gorsuch has cut his teeth as very defender of the free exercise of religion against state and you finally have nine justices. what will be most interesting to me is whether any of the cases set to come out next week that are 4 to 4 ties are going to be delayed given him the opportunity to re-examine the case and

i would add the california -- the university of california chance lower janet napolitano used to be theecretary of homeland security. she had to keep entire nation safe. i think she can keep a college campus safe. judge jeanine: when they say there is a security threat, i assume you don't buy that. >> no, i'm sure there is. but as you know, as you point out, showered dean apparently doesn't. and none of the administrators do, you can't use the hecklers' veto. you can't use the excuse that some people are complain being this because that's just a ruse for viewpoint discrimination. if. judge jeanine: let me ask you this. when milo yanukovych spoke there, one person was arrested. it went on for 12 hours. $100,000 in damages. there was a standdown. if there is a stand joint tells me campus and city police weren't make any arrests. is there -- >> that's what we have been hearing. obviously a lot of the rank and file would like to do their job. but at least they don't want to come on camera and say it because they have been threatened by the mayor. but they say, no i can't stand this. i signe

well, system is run by former dhs secretary janet napolitano. and the damning report after uc berkeley canceled an ann coulter speech. the latest incident at berkeley making a mockery of the institution. the state of california is infused with left wing, disregard for law and order. for many of us who are products of the '60s, hard to admit what a sorry condition, california's condition is in. the quotation of the evening, now that it appears president has speaker of the house under some syste balance of control. much more to go much more to do. our quotation from will rogers said. >> the crime of taxation is not in the taking it, it's in the way that it is spent. the good news is president trump is working on both aspects of the crime, and we're grateful, and we're coming right back. stay with us. >> president trump said he will build the wall along the southern border. >> the wall is going to get built, folks. and it will stop drugs, it will stop a lot of people from coming in that should not be here. lou: president of national border patrol c

tomorrow on the show judge napolitano returns along with andy levy and brian brenberg.itance" is coming up with jamie colby. good night. anything but an outlaw. >> an outlaw with a cult-like following. >> today, we'd call him a terrorist. >> that's a northern term. >> caught on a haunting image... >> this is a controversial photo. >> ...next to his killer? >> it's either jesse james and bob ford or it isn't. >> it's her strange inheritance, and it could bri in a bounty. >> people questioned it. they wanted to see proof. >> we've heard everything from $50,000 to a half-million dollars. $15,000. now $20,000. $20,000. thinking about $20,000. ♪