fox news senior judicial analyst judge andrew napolitano told the fox business network that we coulde on the verge of a constitutional crisis. the judge is live on the phone. how so, judge? >> if robert mueller has enough evidence, credible evidence, with which to charge the president of the united states with a crime, the constitutional crisis will come, does he indict the president, which has never happened to a sitting president or does he transfer this evidence over to the house of representatives, which then will have political -- >> shepard: he could be indicted? >> he could, shep. again, this is not happened and we don't know where it would go if a sitting president is indicted. not all the evidence is going to come from general flynn. general flynn will lead them to others whom they will contact and indict and from whom they will extract information. he will probably also lead them to tangible things like e-mails and notes and memos and maps and the type of forensic evidence that prosecutors like to use. >> shepard: larry litman writes for "the new york times," it seems that

wait until you hear what judge andrew napolitano says about this. >> i'm afraid strzok will not be the last. i think there will be other revelations of bias and prejudice and improper conduct on behalf of the department depf justice. retail. under pressure like never before. and it's connected technology that's moving companies forward fast. e-commerce. real time inventory. virtual changing rooms. that's why retailers rely on comcast business to deliver consistent network speed across multiple locations. every corporate office, warehouse and store near or far covered. leaving every competitor, threat and challenge outmaneuvered. comcast business outmaneuver. melissa: the top cop center stage. fbi director christopher wray testifying before lawmakers, defending the bureau and answering questions regarding recent flury of allegations surrounding the handling of hillary clinton email scandal and prosecutor robert mueller's investigation. wray was pressed on agent strzok, recently fired from russian probe over anti-trump texts. strzok had a role changing grossly negligent to extremely care

andrew napolitano. scary stuff from space.res in california that are not letting up. y, there's rocket mortgage by quicken loans. apply simply. understand fully. mortgage confidently. why did you take credit card debt on? second kid. private school. medical bills. moving costs. solid ground. a personal loan from sofi is a smart way to consolidate credit card debt. certain borrowers cut their credit card interest rates 42% and increased credit scores 17 points on average. borrow up to $100,000 with low rates and no hidden fees. find your rate in just two minutes, and take on your debt at sofi.com. >> neil: is it me or were these nothing a few days ago and now they're everywhere? massive wild fires across california and not letting up. adam housley in ventura. what is the latest? >> yeah, 24 hours ago, we were live on "your world" watching homes burn down. the winds went away. now the fires continue to burn going towards santa barbara. so maybe 100 mile north and west of los angeles. that's where the fires are burning in the win

let's bring in fox news senior judicial analyst, judge andrew napolitano. the cry is the wording was changed and that changes everything. >> we're talking about the wording in a public statement that then fbi director james comey made about whether or not the fbi thought mrs. clinton should be charged with espionage. the statement was made in july of 2015. the statement said that mrs. clinton was extremely careless in the manner in which she cared for the statement secrets. we learned through katherine and other colleagues that that language was suggested to james comey by this same fbi agent, peter strook. and he sent texts to his girlfriend? >> his girlfriend. not his wife. a lawyer that works for the fbi. in the texts he was critical of the president or praise worthy of mrs. clinton. i'm not sure. they haven't revealed the text. >> shepard: shouldn't that matter? >> no, it should not matter. >> shepard: should not matter. >> when a document is prepared like the one from which james comey read, which is of profound significance, a lot of people have their

here now, judge andrew napolitano, fox news senior judicial analyst. i just want to mention before we go to this topic that there is a lot going on in the house right now. there's the suggestion, or the numbers are pointing the direction, it could mean the house will not go to conference on this tax bill, which means that there's the potential for this tax bill, which is been carefully shepherded through the house and on the senate, may not go to conference. it's a very big deal and i assure you we are on top of it. we will get you the breaking news. but to the story, the other big, big story today. your thoughts on the development? >> look, as that man just said in the peace that catherine herridge did, shall mean fbi agent that does not have a political opinion, i will show you a dope. they all have political opinions and under the law they are entitled to them. but if the political opinion clouds and investigation are unduly animates an investigation, that person should not be in that investigation, and that's apparently what happened here. two fbi

you're not with me in the studio judge andrew napolitano, senior judicial analyst. said that this investigation and the way in particular the handling of obtaining these emails was sloppy, do you agree? >> i don't agree. bob mueller doesn't issue subpoenas, he gets them from a grand jury. in order to get them from a grand jury someone has to present a need to the grand jur jury. someone testified to the grand jury and they issued the subpoena. >> martha: he said that's not a hard process and you should have done that. >> professor dershowitz says he should have gotten a search warrant. no judge will sign a search warrant, as a person who has signed thousands of them, no judge will sign them when the documents are in the hands of a third person. you sign a search warrant when you're worried about the defendant getting rid of the documents. when they are in the hands of a third person, a computer server in the possession of the government, the proper way to do this is by a subpoena, which is what bob mueller did. there is where the ball was dropped, and it wasn't drop

judge andrew napolitano thank you very much. >> you're welcome.that wall street is the best arbiter of things like, this but right now off its extreme lose of the day. down better than 350 points, now down about 63. these are fast market conditions and violently swinging ones as well. right now more enthused about tax cuts than potential administration cuts. stay with us. copd makes it hard to breathe. so to breathe better, i go with anoro. ♪go your own way copd tries to say, "go this way." i say, "i'll go my own way" with anoro. ♪go your own way once-daily anoro contains two medicines called bronchodilators, that work together to significantly improve lung function all day and all night. anoro is not for asthma . it contains a type of medicine that increases risk of death in people with asthma. the risk is unknown in copd. anoro won't replace rescue inhalers for sudden symptoms and should not be used more than once a day. tell your doctor if you have a heart condition, high blood pressure, glaucoma, prostate, bladder, or urinary problems. these m

judge andrew napolitano taking the case. it's disconcerting to hear perhaps there was overreach in obtaining the thousands and thousands of emails. how did robert mueller's team get them in and there is something here that deserves more scrutiny? >> it's disconcerting to hear allegations of overreach when there was none. robert mueller can't subpoena anything. only a grand jury can. a federal prosecutor has to testify under oath why they need what they need. kennedy: some of the tactics used to interrogate people like michael flynn, they don't come from subpoenas. they obtain them through fisa. >> not the emails we are talking about. kennedy: the gsa emails we are learning about this weekend are different than the emails obtained by the team to question flynn? >> general flynn was questioned on the basis of transcripts of five conversations he had with ambassador kislyak. really kgb colonel kislyak masquerading as the ambassador. the complaint this weekend is that bob mule per somehow inappropriately obtained documents from

judge andrew napolitano, welcome back to the show. it appears that the president's lawyer, john dowd said essentially the president cannot obstruct justice. >> i was sorry and disappointed to see that because it's not true. it speaks of nixonian. not only can the president be charged with obstruction of justice, but he can be impeached for obstruction of justice. here is the definition. he interference with a law enforcement or judicial proceeding for a corrupt purpose. let's say he did ask james comey to back off mike flynn. let's say he did ask dan coats and admiral rogers to get comey to back off of flynn. mike's a nice guy and he suffered enough. the fbi should be pursuing terrorists and blank robbers. they -- and bank robbers. to say what's he going to say about jared or me. it's difficult to prove intent. by the's bob mueller's duty if he's going to bring a charge, to have the evidence of intent. kennedy: the president wrote i had to fire general flynn because he lied to the vice president and the fbi. he says he fired him becau

let me ask judge andrew napolitano. >> in a word, yes.n is right to be concerned and the president should be concerned. the same lawyer who said it would be over with by the new year, said it would be over with by thanksgiving. if general flynn had been charged, prosecuted and convicted and sentenced toot max on all the five crimes for which the special counsel says he has evidence of guilt he would be facing 60 years in a federal prison. as a result of his guilty plea he's facing 6 months. what causes someone like bob mueller to reduce 60 years to 6 months. it's not going to be good news for the president. kennedy: the president himself different seems as though because of the counsel the president is receiving and he's giving his staff, that there are those in the white house who feel the president won't be touched in this probe and the leaks we heard and the indictments we have seen and even flynn's plea shows this has not created a trap for the president. what do you think? >> i think the president is in legal jeopardy and i wish he h

and we will discuss that with judge andrew napolitano and george w.i fleischer and the department of justice, so many legal questions, so little time, it kicks off 9 minutes from now, "fox and friends" first, back in two. i tried hard to quit smoking. but when we brought our daughter home, that was it. now i have nicoderm cq. the nicoderm cq patch with unique extended release technology helps prevent your urge to smoke all day. it's the best thing that ever happened to me. every great why needs a great how. we're on a mission to show drip coffee drinkers, it's time to wake up to keurig. wakey! wakey! rise and shine! oh my gosh! how are you? well watch this. i pop that in there. press brew. that's it. so rich. i love it. that's why you should be a keurig man! full-bodied. are you sure you're describing the coffee and not me? >> foxbusiness alert, uber and lift under fire for a price surge in the new york city subway attack on the writers struggling to escape seeing double the normal price. >> the way systems do work a lot of people see prices go up. te

. >> i am judge andrew napolitano in for kennedy. g.o.p., what is in bill for the vote? and should government be able to stay on you without a warrant? i ask congressman tom massi about push to renew fisa. >> and media versus president trump, why is the press flaming white house for roy moore's loss in alabama, all and more tonight on kennedy. >> first showdown over mueller investigation, a growing number of republicans are openly questioning credibility and integrity of special counsel looking into allegation of president trump alleged ties to russia, now the left is fighting back. yet, deputy attorney general rod rosenstein, was repeatedly questioned about whether there was good cause to fire robert mueller. >> this is unbelievable. i am here to tell you, i think that public trust in this whole thing is gone. seems you have two things to do, you are the guy in charge. you are the guy that picked mueller, you wrote the memo, you are in charge, you could disban mueller, and appoint a second counsel to look into this. >> it would be difficult for anyone to find somebody b

. >> i am judge andrew napolitano in for kennedy. g.o.p., what is in bill for the vote?d government be able to stay on you without a warrant? i ask congressman tom massi about push to renew fisa. >> and media versus president trump, why is the press flaming white house for roy moore's loss in alabama, all and more tonight on kennedy. >> first showdown over mueller investigation, a growing number of republicans are openly questioning credibility

. >> in the next 40 minutes we are preparing for these topics, judge andrew napolitano talking aboutwould last another year or can end rapidly. and the tax reform that would be, sarah huckabee sanders pushing back against the media. stuart varney will be here, he was born in england, now he is an american it wants to talk about the tax plan and the soaring economy in response to jim jordan, convinced the fbi did not want donald trump elected, he will expand on that. don't miss a minute and i urge you to get dressed. un-stop right there! i'm about to pop a cap of "mmm fresh" in that washer. with unstopables in-wash scent boosters by downy. ah, it's so fresh. and it's going to last from wash to... ...wear for up to 12 weeks. unstopables by downy. >> republican lawmakers demanding a house investigation after a scathing report, and to keep iran nuclear deal from blowing up in their hands, politico claims the former administration undermined a federal operation to stop the militant group known as hezbollah allowing this group to traffic drugs and guns worldwide, morgan ortegas, in the un

i think i'm going to be going to andrew napolitano shortly.e had a great line on one of our shows. he's on 50 of them, you know? the idea that smart, you know, very successful people, they have a point of view, and the line would be drawn when they exhibit that or such a manner that it does interfere. this guy took it to the next level, texting, which didn't seem too bright. do you think this is a problem for mueller and require or at least because it certainly a number of conservatives say it's a stacked deck, et cetera, et cetera, what do you think? >> it does, at the end of the day, mueller has to explain or make clear that there was no political leanings in his organizations, no political bias. we already heard the criticisms of the attorneys on his team being principally democratic contributors over the years. at the end of the day, what bob mueller is going to have to produce and have to demonstrate is the result of the work product. and here, if you look at the mike flynn guilty plea for one example, you know, it does i think tell us so

fox news senior judicial analyst judge andrew napolitano.r editor at "the federalist," tim farley, host and managing editor of morning briefing potus on sirius xm radio. >> i don't think it matters who edited it. james comey owns it. i don't get matters the ideological predilections of the editor. the person who signed it, the person delivered is responsible for it. if you ask a first-year law student to define gross negligence, extreme carelessness. attempting to pull the wool over the eyes of the wreck in public and for a while he succeeded. many of us have argued for 18 months, since that came out, james comey was wrong on the facts, wrong on the law and profoundly wrong to make that decision and make it public as if it were made with finality. the job of the fbi's doctor decide whom to prosecute but to present the evidence to professional prosecutors and the doj and let them make the decision. he took that away from them. >> bret: mollie, you know what critics say. this is all chum in the water, thrown out there to try to muddy the water

let's bring in judge andrew napolitano, fox news senior judicial analyst. takeaways from today, i know from you that you consider this to be critical because bias would do what? >> the issue is not due fbi agents have political opinions and can they express them, the answer to that is yes, the issue is to those political opinions influence the outcome of their investigation? the justice department and the fbi have a lot of procedures to prevent that from happening, fbi agents operate in pairs, what they discover has to be reviewed by five others, what the five have reviewed has to be reviewed by justice department employees. the only final decisions i have been made in this investigation are to seek two indictments and some guilty pleas which they have obtained. rod rosenstein in my view painted a very credible picture today by saying i don't know exactly where we are and if i did i wouldn't tell you but it's too early to say whether or not so-and-so's political opinion affected the outcome because we haven't reached the outcome yet. >> harris: catherine he

let's turn to judge andrew napolitano. >> shepard: much has been said about obtaining e-mails in the -- in regard to this investigation. it's been widely said trump's lawyers believe this was illegal, a horrible thing happening. which is ridiculous. >> when they ran the transition, the government services administration gave them the computers, the software and the server. every time they went on those computers, every time you go in any gsa-owned computer, you get a notice. there's no privacy. the e-mail you send belongs to a federal government. >> just like here, belongs to the company. >> there's tens of thousands of e-mails sent and received from transition people. many of them are white house staffers working in the west wing. okay. that's the background. bob mueller wants to look at the e-mails. three ways he can get them. the senate agent can ask for them, tell the grand jury why he needs them. they can serve a subpoena. they can get a search warrant like with paul manafort. judges won't give search warrants because

soon we are going to leave it there, judge andrew napolitano. thank you for getting on the phone and weighing in. whether republicans have enough it to pass up tax reform appeared to jeff flake is now a "yes" ." okay, so we have a lot going on on this busy friday afternoon. we are going to get to that story on the other side of the break. we will be her back. the morning walk was so peaceful. until... it... wasn't. don't let type 2 diabetes get between you and your heart. even if you reach your a1c goal you are still at risk for heart attack or stroke. talk to your health care provider today about diabetic heart disease. and find out more at heartoftype2.com. your heart and type 2 diabetes. make the connection. let's get the lady of the house back on her feet. and help her feel more strength and energy in just two weeks. yaaay! the complete balanced nutrition of ensure with 9 grams of protein and 26 vitamins and minerals. ensure. always be you. but he hasoke up wwork to do.in. so he took aleve. if he'd taken tylenol, he'd be stopping for more pi

here to react a little more, fox news senior judicial analyst who we caught on the fly, judge andrew napolitanoall right, here specifically, verbatim is the quote that my coanchor melissa francis was referring to. this is peter strzok, key fbi the one that interviewed hillary, all sorts of stuff, there is no way he, referring to donald trump, gets elected but we can't take that risk. i mean this is more than, i hate trump, judge napolitano. this is let's use our power to subvert an election. shouldn't somebody be going to jail for that. >> i disagree with that, i'll tell you why. if you read entire thing he is talking about an insurance policy for a job with a republican attorney general. he is not talking about subverting the election. this is the danger of taking one piece of a jigsaw puzzle that has 10,000 pieces trying to figure out what it means. david: hold on. we saw the whole, we quoted entire thing. we put it in context. >> yes. david: to me it looks very much like this guy based on everything that he has said in this, these exchanges with his mistress, lisa page, who was also working

as judge andrew napolitano pointed out, it is an important distinction here.president-elect, he's were on the election. he doesn't have to worry about doing anything if you're that view that it was colluded. if in other words, these conversations of the president instructed general flynn to be talking to his russian counter parts. it's too soon to judge. a bit of a dial back in the timing of the conversations and the read on that from defense attorney ted williams. ted, that is a very big distinction, is it not? >> it's a absolute big distinction, neil. i have to tell you, i listened to senator james langford earlier when you asked him if he said if the president is in trouble. he said emphatically no. i have to tell you, having been a federal agent and who has actually done high profile investigations and as a lawyer walked in on high profile individuals to make them a deal, i can tell you the president and anybody in that inner circle that flynn was aware of is very much in the cross hairs of special prosecutor mueller. >> neil: so what does that mean then?

let's bring in andrew napolitano, fox news senior judicial analyst. lot of this got missed yesterday because we had tax reform going on. catch us up and tell us to take away and what we need to know. >> we don't know what we need to know because the interrogation of andrew mccabe was started yesterday at 2:00 in the afternoon, when until 10:00 last night and was done in secret. if he used political bias to exonerate hillary clinton were to turn the pressure up on the investigation of donald trump as has been alleged, we don't know. if andrew mccabe has been falsely accused and adequately defended himself, we don't know that because congress has a penchant for secrecy and democracy dies in secrecy. these interrogations -- waiting for congressional summaries of them. the same thing will happen with respect to mr. orr. he was not involved on on the hillary clinton investigation, his wife worked for the company that was paid to produce the dossier which appears to be crazily false and filled with wild nonsense that the fbi may, some people think offered t

we will talk to judge andrew napolitano about the implications for the investigation was big enough not skywalker first at the box office. how much it brought in over the weekend. hi. i'm the one clocking in when you're clocking out. sensing your every move and automatically adjusting to help you stay effortlessly comfortable. i can even help with a silent night. does your bed do that? i don't actually talk but i can tell you how you slept. i'm the new sleep number 360 smart bed. let's meet at a sleep number store. they appear out of nowhere. my secret visitors. appearing next to me in plain sight. hallucinations and delusions. these are the unknown parts of living with parkinson's disease. what stories they tell. but for my ears only. what plots they unfold. but only in my mind. over 50% of people with parkinson's will experience hallucinations or delusions during the course of their disease. and these can worsen over time, making things even more challenging. but there are advances that have led to treatment options that can help. if someone you love has parkinson's and is experiencin

andrew napolitano may not agree with me about the size of said conflict, but i'm willing to bet that s more conflicts here. and if andrew mccabe was not willing to show up because believe me, i don't believe in scheduling conflicts. >> oh, you don't. you've never had one. >> with the fbi? absolutely not. this story was popped up last night and guess what? he decided not to show up this morning. he wants to get his story straight when it comes to ore. liz: it's kind of strange, though. you have all of these weird things going on in the federal government with the antitrump dossier connected to the fbi and now this guy at the justice department, his wife works at that same firm. you don't find that strange. >> liz, i think there's a lot of strange things with trump's relationship with russia. liz: i'm not talking about that. kellyanne, just answer that question. don't you find it kind of strange that his wife works for the firm? >> no. i don't think his wife is an opposition researcher. and if i lost a job for what my husband does? >> but your husband isn't the basis for the trump dossi

tomorrow night chris wallis, tim carney, and marie harp and guest host judge andrew napolitano.ot see you then, but i ador - [voiceover] the following is a paid advertisement for credit secrets, sponsored by info up, llc. the product endorsers who appear have been compensated for their travel and lodging costs. all of the endorsers are actual enthusiastic and successful users of the credit secrets program. (warm music) - hi, i'm larry king. you know, you could be, through no fault of your own, one of the tens of millions of people in our country with a lower credit score than you deserve. without even being late with one payment.

we put that question before fox legal analyst judge andrew napolitano. he said if moore wins the election, the senate must seat him. however once he's seated, they can investigate his worthiness for office. that investigation can examine pre-election conduct. if they found any wrong doing, he could be disciplined for pre-election conduct. neither the house or the senate have ever expelled a member for pre election conduct. let's look at how close this race is. in orderly this would favor the republican nominee has shown how much the allegations have affected this race. >> shepard: and his wife has taken some heat for the whole -- tell us about it. >> yeah, his wife has been taking some heat for some comments that he made -- she made at a rally yesterday. supporters say they were heartfelt statements that she made to the jewish community. critics say they fell flat. you can judge for yourself. >> fake news will tell you that we don't care for jews. i tell you this because i've seen it also. i want to set the record straight while other here. one of our at

tomorrow night chris wallis, tim carney, and marie harp and guest host judge andrew napolitano.ou then, but i adore you as always. good night. >> they hound everyone in show biz. >> look! it's ingrid bergman! janet leigh. there's natalie wood. >> ...and get their autograph... >> audrey hepburn. steve mcqueen. ronald reagan. >> ronald reagan? is that angelina jolie? >> ...thousands of them! >> it really became an obsession and a drug. >> an obsession that fathered this man's strange inheritance. >> i basically got hundreds and hundreds of boxes. >> this is truly unbelievable. what was your reaction when you saw the magnitude of what he had? >> i was blown away. >> but does the heir really know what he's signing up for? >> $4,250. now $4,500. on the pho

judge andrew napolitano is here. have i got that right? s, shortly after 9/11 congress enacted a statute that did what you just described for the police. if you are a cop in new jersey carry a gun in california, you are a retired cop in new jersey you can carry a gun in california and any of the states. if you do this for the police why can't we do it for everyone else, the police can't be everywhere. crime is often stopped as we saw in the horrific churchgoing in texas last month by an alert citizen lawfully carrying a weapon who happens to be at the scene of the crime. justice scalia's opinion in the heller decision, to keep and bear arms is an extension of the right to self-defense, a personal natural right and no government can unreasonably interfere with. stuart: if this bill passes it nullifies state gun laws. not all of them. aptly judge napolitano: it nullifies state gun carry. stuart: i could live in texas, get my concealed carry, jump on a plane, come to new york, put it in the checked baggage, come out and strap on a 45 and walk

fox news senior judicial analyst judge andrew napolitano. the louisiana senator john kennedy. former republican presidential candidate herman kaine and administrator of the small business administration, linda mcmahon. a lot of this package for small business as well. first on the verge of a big tax victory. republicans said to give their final approval to a sweeping tax overhaul today after the senate passed a plan and a late night though. a final vote this morning on the plan ready to send it to president desks to sign it into law. mitch mcconnell says both american businesses and individual tax payers will see the benefit. >> we have three, two quarters in a row of 3% growth. stock market is up. optimism is high. coupled with the tax reform, america is ready to start performing as they should have for a number of years. >> the president congratulating lawmakers, writing the united states senate just passed the biggest in history taxcutting reform bill. terrible individual mandate, obamacare repealed most of the house tomorrow morning for a final vote if approved there will

fox news senior judicial analyst judge andrew napolitano. bake three hours to stay with us. don't miss a moment of it. enough said and did deep red alabama. democrat doug jones pulling out a win over republicans were more last night in alabama special election. jones victory marked the first tennessee voters have said democrats to the senate in a quarter century for refusing to concede the race raising the possibility of a recount right now. >> we have shown the country the way that we can be unified. this entire race has been about dignity and respect. this campaign has been about the rule of law. this campaign has been about common courtesy and decency. >> when the vote is this close, it's not over. we also know god is in control. maria: president trump holdback moore in the race. congratulations to doug jones, a hard-fought victory. the rainbow played a very big factor but a win is a link or the people of alabama are great at republicans will have another shot at the scene in a very short period of time. never ends. joe's will be up for reelection in 2020 and until then h

we had the judge andrew napolitano on. you shouldn't have to do that.partments are bo that. ainsley: yeah. pete: we had representative gates and meadows. they have been out there from the freedom caucus talking about this with some suggestions about where we may go next. take a listen. >> the attorney general needs to do his job and end this witch-hunt charade. we have a clear double standard and you see it and the american people see it. hillary clinton is being investigated by her own fan club before the 2016 election. and now the only way you seem to get on mueller's team is to demonstrate a hatred for donald trump. i think that the way mueller built his team was finding people who had a bias against the president and doing everything he could to include them in this investigation. >> the time is now for jeff sessions to do his job and if he doesn't do his job, you know, he needs to step aside and let somebody else do it. ainsley: hillary was investigated by her own fan club he says. steve: man oman. pete: great line. crystallizes it. really does. st

here to break it down for us is fox news senior judicial analyst judge andrew napolitano. elected all the way until the time of the inauguration. >> i don't know if donald trump's emails were in there. steve: transition. ainsley: transition team. >> i had some substantial involvement with the transition team. i never knew him to email. but bob mueller and his team did obtain the emails of the transition team. so we are talking about the three month period from election day until inauguration day. how did he get them? well, he can't issue a subpoena. only a grand jury can. and the grand jury will only issue a subpoena if somebody gives them a reason. so some fbi agent testified under oath before the grand jury as to what they thought was in the emails, why they needed them. the grand jury issues the subpoena. now the problem arises. so when the subpoena is served on the gsa, government services administration, which is part of the executive branch, which had the records of the transactions. steve: custodian. >> president trump is now president when this was happening. the g

andrew napolitano last hour said it is no big deal.year law students know this is a possibility. they are government documents, he argues and he argues this. give it a listen. >> the trustee says we just found out that all of our records were subpoenaed by bob mueller. bob mueller doesn't subpoena anybody, a grand jury does. in order to get a grand jury subpoena mueller's people have to testify why they need the record. >> bill: that would directly contradict the legal finding you are issuing here, professor. >> the judge should know better. getting a subpoena from a grand jury is routine. i've never heard of a case where a grand jury turned down a subpoena request. he would have been much better off seeking a judicial warrant. i agree it's a closed question. is the transition a government entity or a private entity? it is somewhere in between >> bill: close question or closed question? >> close question, it could go either way in the courts. i can imagine a court saying a transition is different from a sitting president. you just don'

. >> bill: judge andrew napolitano with us now. we have a lot of legal stuff to go through.regard to the f.b.i. agent you say no big deal. >> i say no big deal unless the politics clouds the behavior or animates the behave area. you find an f.b.i. agent that doesn't have a political opinion and you won't find a serious thinker. >> bill: i don't think he was just an f.b.i. agent. there are 8,000. he dealt with the clinton email investigation. does it change your view? >> no. what my view is that jim comey was wrong to exonerate her, not his decision to make and there is overwhelming evidence of her guilt. but the manpower or person power that actually extracts evidence and gathers information, that is an apolitical job and it doesn't matter what the politics are of the people who do it. that information then goes to justice department lawyers who decide what to do with it. in the hillary clinton case it never made its way to the justice department lawyers. jim comey short-circuited said we won't prosecute. >> bill: they are suggesting this should be reopened and investigated

judge andrew napolitano, a senior judicial analyst.ent now for authorities that have him in their possession, 27 years old, man. a crude pipe bomb strapped to him when they found him, judge. >> right now he is in bellevue hospital in new york city because there is a permanent police presence and an all prison ward in there. even though he is in a hospital room or icu, intensive care unit, it is inside a jail that's inside the hospital. and the police are really not permitted to speak with him until the doctors give the okay. he is off sedation so his words aren't influenced by a medication. >> sandra: he clearly had some burns. >> self-inflicted. no one is sorry for him. they're trying to bring him back to health. >> sandra: how will he be treated? >> he will be treated as would anybody who committed a crime of violence in new york city. meaning the police will show up and say i'm so and so from such and such a precinct. you have a right to remain silent, you have a right to a lawyer. if you can't afford a lawyer the government will gi

is here from whitewater independent counsel robert ray in roxy senior judicial analyst judge andrew napolitano is here. ceo and former nfl star jack brewer is here. thus to talk about in football. the top story can make a merger with a shake up for an industry. cbs has agreed to acquire health insurance giant aetna for $69 billion would combine the health care group which operates more than 9000 pharmacies that covers more than 22 million people. aetna shareholders to receive $207 a share would mean cash and stock. chief equity strategist bill orlando talking about that in markets this morning. thanks for joining us. we talked about this before that it is really an impact of amazon, which people don't realize. >> amazon's tentacles are so wide and we don't know how the aca might be restructured at some point in the future, so this is a deal that has an impact from those phenomenon. companies want to note a computer how to compete and this is their attempt to do that. >> an ice pick out because it hasn't been so great this year. >> we see it across many industries. in this particular case it's

. >> sandra: judge andrew napolitano was on a few minutes ago saying he does face jail time potentially as a result of this. cooperation by michael flynn will be key in limiting that, of course. but these -- this is what we know at this point. i think we want to bring in for more analysis we have juan williams and matt schlapp standing by. matt, based on what you know at this hour are you hearing anything else? >> no, and i think it's really important to reiterate that yes, this is about general flynn lying about conversations while overseas with a russian official but it has nothing to do with this charge of inappropriate collusion with the russian government on the elections. i think it's real easy and you haven't done this and bill hasn't done it but it will be easy for people to let this slip into the area that some people want to go to politically and all we know is that it's very unfortunate that this man with an incredible military career lied to the f.b.i. about conversations that could have been completely legitimate conversations. >> sandra: it's interesting you are reminded o

and a -- judge andrew napolitano is with us. so you can get what is going on. chris stewart if he could do is anything about this. and extraordinary things came out. >> the government is the master of service, to work to protect the constitution. stuart: he didn't want a closed-door meeting. judge napolitano: say whatever he wants because he can't be prosecuted, charged or impaired. stuart: on intel committee you should not be doing that. judge napolitano: dianne feinstein, what is left to her, if andrew mccabe abused government power and government funds we have a right to know about it. if he has been falsely accused of that and there is no evidence we have a right to know that. the republicans will say mccabe is biased, the hillary investigation rigged, mueller is biased against the president and has a right to know that. democrats will say -- it is baloney but that is the argument, the i'm -- mueller's mother teresa, we have the right -- there are two sides to these stories, some courageous soul leaks a transcript of the interrogation. stuart: why did congr

stuart: you know, i think it's time to take on judge andrew napolitano who i can see in the monitor,e doesn't believe there's a conspiracy in the deep state to undermine the trump presidency and exonerate hillary clinton. so let me explain it to you like this. there's a meeting in andy's office, that would be andrew murkabe, and attended by peter strzok and can't take a risk, they have it to do something about it, you don't think it's a conspiracy? speak for yourself. >> good morning from the seat of big government, varney. we have spoken to this many times. there is a deep state, a part of government that never changes and has self-willed movement and doesn't care which party is in the white house or congress and much of that part of the deep state hates and fears donald trump. no question about that. i don't know what these two characters are talking about. i don't know which andy it was, andy mccabe or andy wiseman, they could have been talking about insurance that they wanted their jobs to stay in a republican administration. who knows? there are 10,000 texts and you picked out o

i'm staying on the issue of chain migration and bring in judge andrew napolitano.n migration. i think it is bogus and wrong. >> suggest that your congressmen because it's up to them to make a change. right now it is lawful. we will define it as this. it is -- if a family members here, the potential immigrant moves up in mine. not an automatic but you move ahead of others online, giving points for the fact that you have a blood relative here. that is a congress wrote to the supreme court is three times that held it. can congress undo it? absolutely. congress could impose liberties at once. it remains to be seen. stuart: i could've come to this country, become a citizen and brought in matt alderwood parents would then be eligible for social security. i don't think that is right. why should they be eligible? wait a minute. wait until i finish the question. [laughter] >> on a roll today. stuart: i am on a roll. foreign nationals admitted to the united states in 2013 as multi-permanent residence, two thirds were admitted on the basis of family ties, chain migration. tha

the government requests for facebook user data up, we have andrew napolitano, the judge all over thatortly. president trump joins the hall of presidents at wallet disney world, being unveiled today, you will hear it here and the republicans appear to be losing the pr battle on the tax plan. new poll only 26% of people say they like this thing. half of the country disapproves. we will be back. cannot live without it. so if you can't live without it... why aren't you using this guy? it makes your wifi awesomely fast. no... still nope. now we're talking! it gets you wifi here, here, and here. it even lets you take a time out. no! no! yes! yes, indeed. amazing speed, coverage and control. all with an xfi gateway. find your awesome, and change the way you wifi. or a little internet machine? it makes you wonder: shouldn't we get our phones and internet from the same company? that's why xfinity mobile comes with your internet. you get up to 5 lines of talk and text at no extra cost. so all you pay for is data. see how much you can save. choose by the gig or unlimited. xfinity mobile. a new k

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stuart: judge andrew napolitano on the brian ross case. i know you've covered this two hours ago.ut i don't think the lawsuit would be successful. i think would be frivolous. there are many forces that cause the market to go up or down. it would be difficult to point to one up them. brian ross under the law but does not have them prove whether it's accurate incapability. he only has to prove that he did not knowingly utter a falsehood or that he was not reckless in his concern for truth or falsehood. we don't know what he did. we don't know where he got it from the day she met the standards coming is protected in abc is protected. stuart: surely come at abc this to happen. checks and balances were not sufficient to prevent a story getting on-air and losing investors, a great deal of money. abc is therefore culpable. they did not take the steps required. >> basically saying that the buyer beware. you are going to realize on a newscast for your investment decisions from a nonfinancial person. stuart: it did have that effect. a false report did have the effect of people losing money.