judge andrew napolitano. is it like tipping off the germans right before d-day?was coming. now you know why an iraqi big wig is fuming. for him we did something even worse. yoaughhas [inaudible] right? wrong. because you're not you you're a cancer hospital and your daughter... she's a team of leading researchers... and that brilliant idea is a breakthrough in patient treatment that could save thousands of lives. which means you need a diverse team of advisors helping you. from research data analytics all the way to transformation of clinical care. so you call pwc. the right people to get the extraordinary done. >>> republican governors meeting in washington. who is getting attention and who is not is getting our attention. this must about about my lucky day. bacon crust pizza. >>> a u.s. official released and it now iraq's defense minister is furious bus of it. he said releasing plans to take back mosul only helps the enemy, and he's right it's putting our coalition partners in great danger. sean, what do you make of this and weigh might be behind the early centc

judge andrew napolitano -- judge andrew napolitano will lead to the question. >> i disagree with the texas judge's ruling and the justice department will appeal. this is not the first time a judge has blocked something or attempted to block something that ultimately was shown to be wrong. ♪ edward jones. with nearly 7 million investors oh hey, neill, how are you? you'd expect us to have a highly skilled call center. kevin, neill holley's on line one. ok, great. and we do. it's how edward jones makes sense of investing. the world is filled with air. but for people with copd sometimes breathing air can be difficult. if you have copd, ask your doctor about once-daily anoro ellipta. it helps people with copd breathe better for a full 24hours. anoro ellipta is the first fda-approved product containing two long-acting bronchodilators in one inhaler. anoro is not for asthma. anoro contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. anoro won't replace rescue inhalers for sudden copd symptoms and should not be use

judge andrew napolitano said it best last night. >> if you don't vaccinate a child and the child is ill and you know it and you send a child to school, you commit a crime and can be indicted for that. kennedy: two important things to know. let's deal with what is and not what it's. the government does not need to enforce and make every decision for you, even when you make a bad one. lastly, vaccines are outdated and we need a new solution. the fda needs to get out of the way and let companies aggressively research nano vaccines that are nanoparticles that can be made on the spot for a variety of illnesses. that is the future. until then, be smart, you are the best arbiter of your child's future and that doesn't mean you have the right extinguish someone else's. we have senator jon barrasso tonight who is giving us his take on the budget. and then more on that jordanian pilot. i'm kennedy. ♪ ♪ kennedy: let's get right into it, let's get reaction to the monologue. we have senator jon barrasso of wyoming. he is also a doctor. welcome. >> thank you for having me. >> absolutely. i'm curious

on the next "kennedy" andrew napolitano. see you tomorrow on fox business. >>> instead of laughter he got disaster. it could have been brian williams playing pictionry with channing tatum. williams did not apparently want to slow jam the news with jimmy fallon insiders say he wanted to be a late night comedian. others at the network think b-dubs may never come back. one person feel like they quote, witnessed a sudden death. that's harsh. speaking of witnessing something horrible. >> that was pretty great. >> i don't know. that's scary. bonnie? >> i did my brian williams bit. i didn't know we were doing this at the end. >> there are two things an anchor needs to do. read a teleprompter and be trustworthy. >> well, let me ask you this if you have already answered the question. how come they all care about rosy? they are talking about stewart and williams but no one cares that rosy is leaving "the view." >> no one cares about "the view." they need to cash it in at this point. "the chew" is beating you. >> kt the chew." >> do yo

fox news senior traditional analyst judge andrew napolitano and charles krauthammer they can't believey want to steal criticism from the president by saying here's the plan he is going to carry out. it is almost ridiculous. >> you forfeit the element of surprise when they have to recognize that. >> if the reason is that we are trying to boost the iraqi allies to get ready to actually go ahead and do this that does not speak well of the readiness and initiative and enthusiasm of these iraqi allies. i am not sure if it is a good sign either way around. >> after taking heat all day following his appearance on "fox & friends", rudy giuliani doubling down refusing to apologize for saying president obama doesn't love america. anna kooiman here with the political firestorm. >> mayor giuliani says this, i do not believe and i know this is a horrible thing to say but i do not believe that the president loves america. giuliani doubled down on those comments on "fox & friends" yesterday and again on the kelly files last night. >> the reality is from all i can see of this president all that i have

on the next "kennedy" andrew napolitano. see you tomorrow on fox business. you don't want that one. yea, actually i do. it's mucinex fast-max night time and it's got a nasal decongestant. is that really a thing? it sounds made up. i can't sleep when i'm all stuffy. i take offense to that. i'm not going to argue with a talking ball of mucus. i think you're being a little hasty... he's not with me. mucinex fast max night time. multi-symptom relief plus nasal decongestant. breathe easy. sleep easy. start the relief. ditch the misery. let's end this. >>> instead of laughter he got disaster. it could have been brian williams playing pictionry with channing tatum. williams did not apparently want to slow jam the news with jimmy fallon insiders say he wanted to be a late night comedian. others at the network think b-dubs may never come back. one person feel like they quote, witnessed a sudden death. that's harsh. speaking of witnessing something horrible. >> that was pretty great. >> i don't know. that's scary. bonnie? >> i did my brian williams bit. i didn't know

. >>> all rise judge andrew napolitano is here to weigh in on all of this. and judge, what's the fcc doing, and what's your reaction? >> well, the fcc, tom, good morning, it's good to be with you, tom. fcc is expanding its own authority by proclaiming that a law written in 1934 somehow was intended to encompass the regulation of the internet in 2015 basically what it's doing. the concept that government involvement in the regulation of the movement of information and data is somehow neutral, is somehow net neutrality is a euphemism for the books. there is nothing neutral when the government is involved. regulations that the fcc is about to promulgate will someday lead to the fcc being able to control content. just as it controls content for broadcast airwaves on the television programs that we watch in the evening. tom: right, but the thing -- when we first started learning about the internet years ago, it was called the information highway. and so i think of that highway analogy. >> when al gore invented it he called it the super highway. >> i believe that'

to the judge andrew napolitano.or the average joe. >> the government would like to us believe it levels the playing field. there's a couple of problems with it. whenever the government regulates anything, then the entity that is regulated has to hire lawyers and internal people and the cost is passed on to us. so victor yourr@<÷ñ producer said are my cable bills going up? not immediately. the government can't control itself and will regulate cost and the big fear it will regulate content. iting regular lats -- regulates broadcast tv. >> all regulation is not bad. i'm thankful they're monitoring our water and food and government regulations about such things. there is a strong argument that without a net neutrality law, if4 you want to stream something and start your own business, a little guy with not a é =á of money, which is what happened in the internet. the playing field could be made uneven and big money people couldstrom fast -- could stream fast and you couldn't and you're out. >> then a big money person woul

judge andrew napolitano says the government's argument over immigration is something he never heard of in his entire career. >>> it is a crazy argument. they actually said if you don't lift your a peel you will cause ir rep parable arm to the federal government because we will not be able to serve the people the president promised he would serve. or the people the 5 million illegal unlawful aliens that the president is trying to say if you do a, b, c, d and e. i made up the a, b, c, d and e. that's an argument that is so novel i tell you in my five years of practicing law as a judge i have never heard the government argue. we must help law breakers break the law more. >> your hard earned tax dollars being wasted oredecorating? where and how is this money being miss spent? >> the washington free beacon reviewed records to find the department of homeland security spent $150 million of tax money to buy furniture. 2010 through last year. funding dhs is a hot topic. they must ink a deal by friday to fund the department or else some log the actions on rollback in exchange for the dhs funds.

on the next "kennedy" andrew napolitano. see you tomorrow on fox business.yl's wife started using gain flings, their laundry smells more amazing than ever. (sniff) uh honey isn't that the dog's towel? (dog noise) hey, mi towel, su towel. more gain scent, plus oxi boost and febreze for 3 big things in one gain fling. it's our best gain ever! >> test >> test >> test >> test >> test >> test >> test >> test >> test >> test >> test next. ♪♪ expected wait time: 55 minutes. your call is important to us. thank you for your patience. waiter! vo: in the nation, we know how it feels when you aren't treated like a priority. we do things differently. we'll take care of it. vo: we put members first... join the nation. thank you. ♪ nationwide is on your side ♪ >>> instead of laughter he got disaster. it could have been brian williams playing pictionry with channing tatum. williams did not apparently want to slow jam the news with jimmy fallon insiders say he wanted to be a late night comedian. others at the network think b-dubs may never come back. one person feel like the

. >> joining me with more judge andrew napolitano. know you are in favor of closing gitmo. >> yes. >> however, let me ask you the same question i asked him. what are we supposed to do with the guys who are still in there? >> you know, i don't know the answer to that. the president's going to have to come up with an answer or he can't. >> most are from yemen and we cannot send them back to yemen right now. >> i understand that. and my beef with the senator, and quite frankly i think he was angry when he spoke before the senate armed services committee, he was a lot calmer when you interviewed him a few moments ago. iraq veteran and lawyer should know what the supreme court ruled. and the supreme court ruled in five out of five cases, and you know this that those people down there are entitled to the basic due process. he's also insulting the system. i am very familiar with the prosecutors. there are military prosecutors and civilian prosecutors. they are headed by general mark martin of west point and harvard law school. a brilliant gu

bring in fox news judicial analyst judge andrew napolitano. judge, what do you think of this?should could, students be armed legally on campus? >> i am a strong supporter of the right to keep and bear arms and supreme court's mows recent opinions on it indicate it is a fundamental personal right. we're not talking about children. we're talking about people who attained majority. they're over the age of 18. so as a constitutional, legal, matter we start with the premise that students have the right to carry guns because they are adults and we start with the premise that where there are more guns there is less crime because criminals and thugs and crazy people fear getting shot by their victims. however, this changes depending upon where the college is and who own it. take princeton university, for example. it's a private university and it can control whether or not you can carry guns on its property. let's take rutgers university, for example. it is own by the state. it can not control how you exercise your fundamental liberties on its property. that's the difference. who owns

judge andrew napolitano is the fox news senior judicial analyst. great to have you with us, judge. tell us about this. >> so the government filed a motion for a stay. they basically asked the trial judge who restrains them from implementing the president's executive orders to lift his restraint and at the same time file an appeal. they followed the rules to a t. they have an absolute right to appeal. if they didn't appeal president's supporters would think they're crazy. but they made a crazy argument. they actually said if you don't lift your appeal, you will cause irreparable harm to the federal government because we will not be able to serve the people that the president promised he would serve. who are those people? the 5 million illegal, unlawful aliens that the president is trying to say if you do a b, c, d, e, i made it up, i won't support you. that's an argument i will tell you in my 40 years of practicing law as a judge, i have never heard the government argue. we must help lawbreakers break the law more. that's why judge you can't interfere with us. >> does he get any poi

let's bring in our panel judge andrew napolitano fox news senior judicial analyst, charles lane, opinionated columnist, charles krauthammer. we would have liked you to have heard the president. it is out there today making this kind of equivalence argument about isis and what we should call them and about islam. your thoughts about the hole -- >> i think here's what will happen, the political pressure on the president from democrats as well as republicans to do something, something militarily something swift and certain, will become too great for him to bear. i think he will offer some sort of an authorization to use military force, not a declaration of war like we had in december of 1941 but something more like george w. bush received from the congress, authorization to invade afghanistan and iraq. because the american public is so primally outraged by what we all saw and what we know happened. and that's the only thing that's gonna push the president into doing something is political pressure from his own democrats who are getting pressure from their constituents. >> john? >> well, i -

. >> joining me with his take judge andrew napolitano.o i think you could defend those comments in 2009 2008 because even -- somebody who had a child in 2009. >> right. >> i remember saying wait, i'm hearing this stuff, is it true? my pediatrician set me straight we've had all three of our children vaccinated on time as prescribed by the doctor. but today the science is uniform. >> but the choice must be -- and this is what i think senator paul was saying and this is what i think governor christie was saying though he backed off it. i think he used the word balance in inadvertently. they were both arguing the default position is parental, not governmental. half the states in the union allow parents to opt out -- >> for philosophical reasons. >> yes. not religious reasons. >> but -- >> that's the rand paul -- >> finish the sentence. they allow to opt out for philosophical reasons and then send them to public schools. >> that's the problem. that's the only government involvement we're talking about. none of these states says you must vaccin

judge andrew napolitano is the fox news senior judicial analyst. great to have you with us, judge. >> so the government filed a motion for a stay. they basically asked the trial judge who restrains them from implementing the president's executive orders to lift his restraint and at the same time file an appeal. they followed the rules to a t. they have an absolute right to appeal. if they didn't appeal president's supporters would think they're crazy. but they made a crazy argument. they actually said if you don't lift your appeal, you will cause irreparable harm to the federal government because we will not be able to serve the people that the president promised he would serve. who are those people? the 5 million illegal, unlawful aliens that the president is trying to say if you do a b, c, d, e, i made it up, i won't support you. that's an argument i will tell you in my 40 years of practicing law as a judge, i have never heard the government argue. we must help lawbreakers break the law more. that's why judge you can't interfere with us. >> does he get any points for creativity?

judge andrew napolitano brilliant as always. >> you're so sweet. >> i mean it. isis to al qaeda to al-shabaab, who are these terrorist groups, what are they about and what threat do they pose to you? we are breaking it down in a briefing room with an air force general. >>> victories secret is baring some brand-new skin. you've got to see this. ♪ ♪ i love life, whether i'm on the go, spending time with friends or with my favorite date. i take care of myself, and i like what i see when i look in the mirror. i've often been told i'm the best pair of legs in the room. the so slimming collection only at chico's and chicos.com. are you still getting heartburn flare-ups? time for a new routine. try nexium® 24hr. the latest choice for frequent heartburn- and get nexium level protection. ♪ woman: for soft beautiful feet my secret is the new amopé pedi perfect foot file. its microlumina rotating head buffs away hard skin even on those hard-to-reach spots. it's amazing. you can see it and feel it. for soft, beautiful feet. amopé pedi perfect. in our house, we do just about

let's bring in andrew napolitano.n terms for those states that weren't part of the lawsuit? >> that's a great question, brian. fortunately for them, 'cause they didn't spend a nickel, this protects them as well. so even though -- >> from the executive order? >> correct. even though 26 of the 50 states filed this lawsuit. all 50 states will benefit from this. what do i mean by benefit? the burden of providing social welfare benefits to those that the president said were illegal but i've declared them to be legal, essentially falls on the states and that was the states' argument, that the president was causing them irrepairable harm. not congress, by forcing them to spend money they didn't have. >> we should explain what happened. the judge yesterday in south texas said okay the thing that goes into effect tomorrow, the executive amnesty essentially he is stopping it because he says if it goes into effect then it would be hard to put the genie back in the bottle. >> correct. first of all, this is a preliminary ruling. w

judge andrew napolitano joins now to discuss. what do you see in this? of looking at this is these guys had a predlikz to cause harm and probably would cause harm and they're off the streets. another way to look at it nobody was ever in any danger because of them. in their midst of them working with them was an undercover fbi agent. so the entire operation. >> eventually. >> right. the entire operation of the three of them was under the control of the fbi. the fbi would be the first to tell you that nobody was ever in dask dasker. >> i don't think they were under control of the fbi. the guy made the online threat against the president in august. they didn't arrest him on the spot, three weeks later he gives up the other guy. >> the decision not to arrest him on the spot is probably a very good one. that enables the fbi to gain access to other people that these guys are involved with. it also enables the fbi to put an undercover agent who they think is one of them. the bad guys thinks is one of them in the group. think of how unsophisticated, unprofession

and we will ask judge andrew napolitano later this hour. the weather, snow across swath of the country today, the worst in the northeast, lauren simonetti is going to tell us how bad it is and stop laughing, fla.. >> much of the country including the nation's capital. folks in washington d.c. woke up this morning, they uncovered snowplows at work. and a winter storm warning is in effect until noon and up north boston digging itself out. another few inches may fall again today, boston's mayor says the city has blown its snow removal budget for the year and is asking city residents to pitch in and help out. an unusual ad, a pop-up message greeting due to this ridiculously stupid whether you are invited to visit the florida keys this week. please come back when things fall of -- thought out. how rare to see one city encouraging so residents to visit somewhere else but when the weather is warmer there's a 70 degree difference between key west and right here. stuart: i will take that. thank you very much. bill clinton's personal relationship wit

fourteen states, okay, judge andrew napolitano is here.fore the interview, you ran a clip of somebody that looked like john stossel. but it could not have been john. the words that came out of his mouth were those of some woodrow wilson progressive who wouldn't want their child vaccinated. [laughter] >> who owns your body? that is what i would say. tom: i said to john stossel that mandatory and government in the same paragraph -- >> let me backtrack. in my world in the libertarian world and in john's world as well, there wouldn't be government schools, they be like starbucks, on every street corner, competing with each other, they would be very efficient and inexpensive. this school gets you to princeton, this teaches you to be an aircraft engineer, school says you have to be vaccinated. you should make it so you can pick and choose where you want but the world we have today is mandatory government schools. with some exceptions if you go to a private school and if you can do home schooling. so confronting the world, the issue remains does

judge andrew napolitano is here.t the time everybody thought this sounds like a shakedown, like a threat. judge napolitano: it resulted in the $1.3 billion payment by standard and poor's to the federal government and state governments but is still what lawsuit involving calpers, the california pension fund which is the largest in the nation. there are equities on both sides. there are serious issues about what standard and poor's new and what it revealed in the mortgage bundling crisis the bubble of which burst in 2008 but there's a strong argument to be made and you made it very nicely simply by quoting the words out of the mouth of the treasury secretary that the motivation for this lawsuit by the federal government, it is heavy-handed negotiation techniques bring in 25 fbi agents and federal prosecutors to the same room to meet three or four lawyers from standard and poor's to intimidate them. it demands billions and billions even from people who hadn't even sued. it is because standard and poor's in its response

judge andrew napolitano is here. my point is this. argue every which way this is not set in stone but i say once the regulation of the internet begins you will never get rid of it. >> you can get rid of it if there is political will to get rid of the. congress is the will of the people. if congress a republican is elected president in november of 2016 and the republican party controls both houses of congress in the january following, congress can change and administer regulation, you are correct on that but it can enact regulation to remove the subject matter from the jurisdiction of the administrative agency. it can cater a budget so the administrative agency lacks the funds with which to administer the government. stuart: you know more about this than i do. technical you are right, it could reverse. judge napolitano: would you preserve that? absolutely correct? stuart: in reality -- judge napolitano: let me make your argument. once people get accustomed to the regulations, once industry keeler's itself to the regulations and get com

judge andrew napolitano is here. he and i alone recognize a split incentive.ernment wants to issue these rules and impose these rules to regulate the internet like a utility. >> hold on a minute. >> here is what the administrative procedure act says. what famous they must do when they are going to change their rules. publish them forth 30 days. congress could, by a majority vote, and both houses interfere with, modified or even block those rules. the majority if they do not release these rules ahead of time, will be taking positions that they are not. >> how could they say that? they want to put it subject to their majority vote. >> that is outrageous. >> it would completely change the nature of the internet. >> absolutely. >> you know what it will do? it will give the courts i hope to which to hang their hat. last week when a federal district court in texas it was for the same reason. they did not follow the procedure act. these people are changing the law and they are not even falling over rules for changing the law. >> a are daring the judiciary to interven

all rise judge andrew napolitano is here. all right.sident's, really seems to have drawn a line in the sand. this will come to a head. >> real interesting, charles particularly for a lot of viewers on the show. even though the government has been enjoined, stopped by a federal judge implementing the president's executive orders about a half dozen of them the government has not stopped preparing for the implementation. as we speak it is putting out contracts for bids to process the 4.7 million, or 5 million, whatever number of illegals. the president today, plans to have the justice department file for an emergency appeal. guess what? they have to ask for permission to appeal. if the permission is granted, then they have to ask for the for the appeal. so it is a two step process. appellate courts ordinarily do not like to interfere with decisions of trial judges in the federal system until the end of the case. this is the very beginning of the case. this is what is called a preliminary injunction. so what the judge in texas did a week ag

here's judge andrew napolitano joining us from washington.lear here. even if you've got a driver's license and a social security number, you still cannot vote illegally. so what's this loophole that someone is talking about? >> well, some states -- first of all, good morning, stuart. good to be with you. some states are stricter than others when requiring proof of citizenship. in indiana absolute proof. texas requires absolute proof, and the supreme court upheld it. but some states notably where you and i live in new jersey, if you show up with a driver's license, a social security number, a utility bill, and some other proof that you lived at the residence where you say you've lived for 30 days, they will accept that as sufficient for you to register. they may ask you if you're a citizen and you may lie. but that won't stop you from voting. stuart: yes, but you have to break the law to vote if you're not a citizen. >> yes. i'm glad you said that -- stuart: tick a box that said, yes, i'm a citizen. or answer a question yes, i'm a citizen. at

judge andrew napolitano is here. this is a very real thing.v is not on the market yet. >> this is almost mimicking scenes in george orwell's 1984 -- the television was for it to watch you. samsung has been advised by its lawyers to put the warning in there. if they didn't put the warning, they would be the subject of huge litigation. >> this is the quote for the privacy policy. quote, please be aware if your spoken word includes sensitive information, that will be transmitted to a third party through your use of recognition. that's big brother. >> it clearly is big brother. it doesn't matter who or what the third party is. because under the patriot act. federal agents are allowed to write their own search agents to write their -- a federal agent on his or her own could go to whoever the third party is. whether it's the samsung, cloud or storage facility could capture it. without a search warrant issued by a job with the federal government can be listening to what you're saying in front of that television in your own home without you knowing ab

judge andrew napolitano.cted from hackers but are we going to give up some more of our liberties, some more of our privacy if the government sets up this agency to check us all out? >> well, it depends on how fearful we are, because people when afraid -- particularly when there's mass hysteria like in the months after 9/11 -- tend to want government to wrap its arms around them and to give up their privacy and other liberties. but that -- stuart: that is understandable isn't it? >> yes, it is. of it's part of human nature. i resist it, and some of us do but i'm in the minority there. it is understandable. it is normal, in my view so i'm abnormal -- [laughter] it is normal to opt towards safety in rough times rather than liberty. i argue one should take the long one, one should look at this from the long run and that when one gives up liberty in hard times -- right after 9/11 when we're all afraid to walk on the streets here -- can it does not come back many good times. i would also argue as a practical matter

for this discussion today. [ applause ] and on my right, my good friend and colleague, judge andrew napolitanodge napolitano a former superior court judge of the great state of new jersey which we both have the good fortune to live. i'm saying that only partially tongue in cheek at tax time certainly. and senior -- senior judicial analyst. i refer to him as executive senior judicial analyst for fox news. great to have both of these gentlemen with us. [ applause ] we are going to follow the format of presentations from each of them for a few moments about their views. then we're going to begin a discussion. i'll ask questions of each beginning with judge napolitano. we'll follow up each give them an opportunity to rebut or agree passionately with the other as the case may be. and with no further ado, judge napolitano. >> thank you lou. good morning. i was in 1973, before most of you were born i was present at the first cpac in the madison hotel in downtown washington d.c. there were 25 people there. one of whom was a guy named ronald reagan. [ applause ] when i speak on privacy and security i o

we're going to ask senior judicial analyst judge andrew napolitano. >> the judge will tell the jury thatwhat you think about the victim because the government is entitled to a fair trial and the defendant is entitled to a fair trial and the law is the same whether the [inaudible] it is not going to affect the outcome of the case. that is one issue. the other issue is this post traumatic stress disorder syndrome. in some state the government must prove that you are sane. in texas, you have the affirmative obligation to prove that you are insane. so what this means is that the defendant has to demonstrate to a jury by clear and convincing evidence that he thought he was shooting at the taliban when he shot at chris kyle. i don't know that that's a believable argument but there's going to be a lot of psychiatric testimony about the problems in his head. >> if he's using that, he never saw a battle field. if indeed he can prove psychological problems before he enlisted would that come into play here? >> yes. yes. there are a lot of -- i'm obviously not an expert in the psychiatry here but th

fox news senior judicial analyst judge andrew napolitano here to explain.pending more on paper than he's taking in. >> well, almost every president since woodrow wilson has done that. the poignant exception is bill clinton who balanced the last four of his eight budgets. in fact, the $30 billion that woodrow wilson borrowed to finance world war 1, we are still paying interest on because -- and we still owe the $30 billion back. the government never retires its debt. what is that debt today? $18 billion. how much was added by barack obama -- excuse me $18 trillion. barack obama has added $7 trillion alone. he now wants to add another $2 trillion in debt in this budget proposal. >> clearly this particular budget proposal is to appeal to liberals who want more public spending. he's beating the drum. i'm going to help everybody except those rich people. and i'm going to just take a little out of their pockets and they won't even noit it. >> here's the defect in his thinking. rich people don't keep their money in a shoe box under the bed. they invest it, and tho

judge andrew napolitano weighed in. >> i think it's a very, very big deal.harities do not have as one of their named members the former secretary of state of the united states who was the secretary of state dealing with foreign governments while those same governments were being solicited by her husband for a fortune and while some of them actually paid her husband a fortune. if any of the money that bill received -- not personally, but into the foundation, influenced any of the decisions she made as a secretary of state, you have a potential felony on your hands. >> potential felony. >> when the clintons run for office, it's never dull. >> juan williams was as upset as i've ever seen them. this is a modern day lincoln bedroom problem he has. >> now this ahead, eric holder says fox news is making up the issue by calling terror by its name. does he have a point there? we're going to check the pulse of the people. that's you next. >>> and president obama wraps up his terror summit where he won't refer to it as islamic extreme ism. we have some of his most stun

and on my right my good friend and colleague, judge andrew napolitano. [ applause ] judge napolitano former superior court judge of the great state of new jersey, in which we both have the good fortune to live, i'm saying that only partially tongue in cheek at tax time, certainly. and a senior, senior judicial analyst, a refer to him as executive senior judicial analyst for fox news. great to have both of these gentlemen with us. [ applause ] we're going to follow the format of presentations from each of them for a few moments about their views. then we're going to begin a discussion he'll ask questions of each beginning with judge napolitano. we'll follow up with each for an opportunity to rebut or agree passionately with the other as the case may be. with no further ado, judge napolitano. >> thank you, lou. thank you, good morning. i was in 1973, before most of you were born i was present at the first cpac in the madison hotel in downtown washington, d.c. there were 25 people there. one of whom was a guy named ronald reagan. when i speak on privacy and security i often start out li

andrew cannon's decision ordering the injunction against president obama's -- saying the states suffer irreparably hard -- legaling the presence of millions of people is, quote, virtually irreversible. let's bring in judge napolitano fox senior political analyst. do you agree with the judge's ruling? >> i do. but i don't come at this from a neutral position. i have been critical of the president from day one of exceeding his oath and exceeding his powers under the constitution, by rewriting some laws and refusing to enforce other laws. and this particular judge in texas virtually agreed. you actually read the most important part of this 125-page opinion. by issuing an injunction against the department of homeland security is saying two things, it is probable meaning more likely than not that the 26 states assume the federal judge will win in this case. once they start processing the immigrants through their state social welfare systems, they won't be able to stop it. >> what happens next, the department of justice has said now that they will appeal. >> they will file an emergency request for permission to appeal to the united states court of appeals to the fifth circuit which sits in houston and new orleans. if th