let's bring in senior judicial analyst, judge andrew napolitano. foxnews.com on the acting ag that will go online tomorrow. great the see you, my friend. >> likewise. >> trace: i don't want to give away the goods on your op-ed. everybody will love it tomorrow. your argument is that matthew whitaker is legally uneligible. as you heard john roberts say and the doj says he's eligible on the federal reform act. your thoughts? >> it's disappointed to see the lawyers that work for matthew whitaker go back to 1866 and look for a precedent there. i don't care what happened in 1866. the congress changed the law in the 1960s and whoever runs the justice department has to be nominated by the president and confirmed by the senate because we put too much power in their hands. they supervise 90,000 people and among home the fbi and they instigate investigations and terminate investigations that have been started. that kind of power can't go to a political hack. how do we know they're not a political hack? by subjects them to the congress and the senate. that's n

judge andrew napolitano, i'm glad you are on this road with me today. >> pleasure, harris. >> harris: up next, an update on an leader after taunting and assaulting a group of marine reservists. stay close. >> harris: new details in an alleged assault of a group of our heroes at the hands of antifa. a man accused of being a leader charged with aggravated assault. after the release of video showing him and others taunting group of marine reservists. at one point macing and physically assaulting them according to police. trace gallagher on the story live in the west coast newsroom. trace? >> they were attacked down the street where the conservative we the people rally had taken place. it's unclear if marines were part of the rally that was billed pro-cop, pro-america and anti-illegal immigration. more than 200 counter protests including antifa activists were on hand. the police say the rally itself was calm aside from a few scuffles. and counter protesters arrested. the attack on the marine down the street was a different thing. the military members approached by males and fem

paul manafort denies it and we'll talk to judge andrew napolitano and democrats trying to win a seat in mississippi for the first time in decade but the deep red state is about to make history no matter the way voting goes. "reporting" starts now. our reporting begins with a lot of news about president trump's former campaign chairman paul manafort including accusations he violated his plea deal. that is confirmed. and today the unconfirmed report that he held secret meetings with wikileaks founder julia juliana -- julian assange and white house president secretary sarah sanders was asked about it and wouldn't comment on manafort during the afternoon's briefing but said she is quote, certainly confident, unquote, president trump was not part of collusion. a source close to manafort tells fox news the report is totally false. wikileaks also denies it and offered this twitter response. remember this day when the guardians permitted a serial fabricator to destroy the paper's reputation. wikileaks is willing to bet the guardian $1 million and its editor's head that manafort never met ass

judge andrew napolitano will weigh in. stay close. >> everything has been preserved and archived. there just is no equivalency between the two things. ok everyone! our mission is to provide complete, balanced nutrition... for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy! i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. >> harris: president trump is telling "the washington post" he has no intention of taking action to stop robert mueller's investigation, but a bipartisan trio of senators tried to force a floor vote on a bill to protect the special counsel in the latest attempt has now been blocked. meanwhile, "the new york times" is reporting that a lawyer for paul manafort has repeatedly briefed the president's attorneys

let's bring in judge andrew napolitano. i want you to listen to jeff dean, the sheriff there, that talked about the attack not being random. >> in april of this year, deputies were called to his house for a subject disturbing. they went to the house. they talked to him. he was somewhat irate, acting a little irrationally. they called out our crisis intervention team, our mental health specialist who met with him, talked to him and clearly didn't feel that he qualified to be taken and was left at that scene. >> dana: judge, explain what 5150 is. >> that is a section of the california statutes which permit the incarceration of a person in a mental facility who is a danger to himself and to others in order to keep him there for longer than 12 hours. that determination has to be made by two psychiatrists. they make that on the basis of an in basis interview at the time of the incident as well as examining a copy of his medical and, if they exist, mental health records. then they make a determination on the basis of the evidence

here is judge andrew napolitano, fox news senior judicial analyst. me that is going to terrify half the country and delight the other half of the country. what does it look like if democrats seize control and you have adam schiff as the most intelligent person -- i mean head of the intelligent committee? >> somehow i don't think that was a flub. melissa: right. >> i know you so well. well the intelligence committee, we have a blueprint what the democrats will do if they take the house because congressman jerry nadler, who represents this part of manhattan where we are at the moment would become the chair of the judiciary committee. he gave the various, he gave a long interview, not only the plans of the judiciary committee but other committees should the democrats take over. starting with him, they will begin immediately two investigations on impeachment of all things, impeachment of the president they will examine the alleged obstruction of justice. that is the alleged firing of jim comey for a improper purpose. and an impeachment of justice kavanau

andrew napolitano joins us next to break down what this could mean.nt trump says he's not ruling out a pardon. look at the follow-up be from such a move question might be able to pay that. >> it's very sad what happened to paul, the way he's mentoring tell mike being treated. i've never seen anybody being treated so poorly. ♪ this morning. hey dad. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength stop tough pain for up to 12 hours with just one pill. tylenol can't do that. aleve. all day strong. all day long. now introducing aleve back and muscle pain, for up to 12 hours of pain relief with just one pill. >> very simply, michael cohen is lying and he is trying to get a reduced sentence for things that have nothing to do with me. >> harris: that's more than president trump outside the white house today, reacting to the news that his former attorney, michael cohen, has cut a new plea deal in the mueller investigation. : pleading guilty this morning to lying to congress about a trump organization real estate p

joining us, judge andrew napolitano.happen if the president pardoned manafort. >> the problem with it legal are you, when paul manafort pled guilty he did so in a 175-page document. he pleaded guilty to federal crimes, but he pleaded guilty to state crimes for which he has not yet been charged. i would think those prosecutors would indict him immediately point issue of the pardon. liz: would a pardon clear him of those state crimes? >> no, the president can only pardon more federal crimes. freedom of peach like the rest of us. liz: what if the mueller report? >> i think you will see crowing. if it continue out he's right, even out of the mouths of his tormenters, you will see his crowing and you will see his reelection. liz: what happens in the beltway echo chamber? >> we did learn two days ago when jerome corsi intentionally released a document they gave to him. he's a witness in a case they wanted him to plead guilty to to lie together fbi. if the lies he told are lies, it was wrong so that the essence of it is truthfu

let's take it up with judge andrew napolitano.nks for joining us. >> i don't know why they topped at 85. blake: i want to play this sound bite. she will be the incoming house of the appropriations committee. sheer ways she told "axios." >> should the majority look into these issues that have couple, space force. >> yes. >> james comey firing. >> yes. >> the family separation policy. >> absolutely. >> hurricane relief in puerto rico. >> yes it was absolutely inadequate. >> white house staff use of personal email. >> for sure. >> the president's business dealing abroad. >> absolutely. blake: that's just some of it. is that a preview of what we are going to see in 2019. >> sadly it is. one of the more savvy democrats in the country, former mayor of philadelphia, governor of pennsylvania, ed rendell. he said just in a word, should the democrats investigator legislate? he said if they want to have a chance in 2020, they need to lepght late. i think the thousands judiciary committee under congressman joe nadler who represents manhattan

up next, judge andrew napolitano is here on the fallout of jeff sessions firing. talk about the booming marijuana pot market it's seeing nothing but green. we are coming back in 2. i think it will fit. ♪ want a performance car that actually fits your life? introducing the new 2019 ford edge st. capability meets power. in the first suv from the ford performance team. the new 2019 ford edge st. introducing the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. liz: turn general jeff sessions ousted. he'll be replaced by acting a.g. attorney whitaker. he has criticized mueller's attempt to do a deep dive into the president's personal finances. let's get to judge napolitano. what's your impression? >> the pr

you can see lawrence jones talking about legal things, dana lash from dallas and judge andrew napolitanonalities across the street to a toy store and let their feet do the talking coming up on "fox and friends" which starts 10 minutes from now. i didn't know she was there. how are you doing? rob: we will give you a little hint of that right now. thanks so much. the holiday season is here and that means holiday shopping. rob: a classic toy store back in new york city. >> we went to rockefeller center to check it out. watch. >> hello! >> welcome. >> look at that. >> here you go. >> the whole day that we are in here. >> here you go. this is what we need. please do. this store has a lot of history and it is not new to new york. >> it has been around since 1862 and we close our doors in 2015 and excited to be back here today at rockefeller center. and iconic force in new york city and so many memories people have of our history and new memories we are waiting to create with the kids. >> we won't use that one. look at it, shows everybody else where you got it. >> plastic beach here. >> you got

andrew napolitano has disagreed. correspondent catherine herridge reports. >> reporter: it allows the president to make a temporary appointment. >> no question the president and the department of justice leadership has confidence in matt whitaker. he has a full and legal authority under the vacancy reform act of 1998 where senior who's been -- where someone that's been a senior official can act as attorney general. >> reporter: they're looking at whether he had the authority to make the department because whitaker was called a senior or principle officer. >> yes, within certain limits. however, the question is whether he also qualifies under the constitution. that's a closer call. >> whenever you get something not settled you'll always have this run of unintended consequences from it. >> reporter: and this morning the state of maryland filed these court papers challenging whitaker's appointment as acting attorney general. the legal challenge comes as part of an existing obama care related lawsuit and here's the key q

we'll talk to judge andrew napolitano with more. and a warning about america's military power.xperts say it has eroded to a dangerous degree and the u.s. could lose a war with russia o

judge andrew napolitano on the bipartisan criminal justice reform. all those people in the 3 hours.llow commercial break. jillian: all those things sound fabulous. rob: a lot of those pillow commercials. jillian: when we come back, talk about awkward. how in the world did this happen? rob: that is great. carly shimkus here with a picture that has everybody talking this morning. ♪ ♪ ♪ you... keep doing you. we'll take care of medicare part d. by helping you save up to five dollars on each prescription, and with free one-on-one pharmacy support, we've filled over 2 billion prescriptions and counting. stop by walgreens and save today. walgreens. trusted since 1901. [ready forngs ] christmas? no, it's way too early to be annoyed by christmas. you just need some holiday spirit! that's it! this feud just went mobile. with xfinity xfi you get the best wifi experience at home. and with xfinity mobile, you get the best wireless coverage for your phone. ...you're about to find out! you don't even know where i live... hello! see the grinch in theaters by saying "get grinch tickets" into your x

joining us from new york, judge andrew napolitano. he says i was a businessman i was running for president, i can do this. the deal never came around, it didn't materialize. where is the threat to the president in this particular development? speak of the statements the president made which you just summarized are all probably true and they don't reflect anything unlawful, but the danger for him is whatever michael cohen told bob mueller's investigators in the 70 hours that they debriefed him sometime in the past three or four months. at the last time he pleaded guilty the prosecuting entity was the federal prosecutors here in new york in the same courthouse. today when he pleaded guilty, it was bob mueller's team which came from washington, d.c. we don't know what michael cohen gave bob mueller in return for reducing his exposure for many years in jail down to six months. that's the danger to the president. we may never know. it depends how bob mueller wants to use it. michael: cohen is not somebody bob mueller is going to put on the

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the fox news senior judicial analyst, andrew napolitano agrees. he says he is not legally qualified because of precise laws after the nixon watergate break. he says the president has put the justice department in a dangerous spot by appointing whittaker. here is his argument. >> whatever he does as an acting attorney general is null and void and whatever other people in the d.o.j. do in response to what he does may be null and void. we really have a very dangerous situation here. >> already, the president appears to be distancing himself from the appoint tee the day after he named whittaker to take the job. the president said, i don't know matt whittaker after saying repeatedly before he does know him. he said so on this network. "the new york times" says he has frequently visiting the oval office. democrats want whittaker to recuse himself from the russian investigation. some republicans argue there is a double standard when it comes to recuseals. katherine heritage reporting. >> reporter: congressman, jerry nadler, said acting attorney general,

melissa: here to react, judge andrew napolitano, fox news senior judicial analyst.ge, i'm so glad you're here. if the president submitted his answers in writing and as we just learned giuliani said what the president wrote down does not contradict what we read in the court filings today, that michael cohen said, isn't it possible went through, wait a second, this contradicts what cohen said and that is how cohen now is in trouble, and is making this deal? >> well, let's look at it this way. as our colleague rick leventhal just reported, cohen was debriefed for 70 hours. seven hours a day, that is 10 days probably over the course of a couple of weeks. we don't know what he told the special prosecutor in that time period. but whatever it was, it was enough to reduce his exposure from about 60 years, to six months. where do you get 60 years? five years per lie. there were a dozen or so lies to which he admitted. so to get that kind of a reduction, you have to trade for it. when you trade for it, you have to give the special prosecutor something. question, what did he g

paul manafort denies it and we'll talk to judge andrew napolitano and democrats trying to win a seat in mississippi for the first time in decade but the deep red state is about to make history no matter the way

joining us now is judge andrew napolitano. >> good morning. i took out my iphone. is about. you like all these apps that we v. you buy them from the people that you got the iphone from, apple. >> harris: rathe rather than bum from another place. it doesn't say you're overcharging. it doesn't say you caused me to lose money. it doesn't say you're unfairly competing against me because the complainants are the consumers who say we love the iphone, we just want to be able to get apps from another source to which apple says get that other person's iphone which of course doesn't exist. so it's interesting. this was filed in california in san francisco. apple lost. apple of lost at the ninth circuit. apple asked the supreme court to take the case. you have to get permission for the supreme court to take your case. there's no automatic right to appeal. the supreme court said yes, we'll hear it before justice kavanaugh joined. i think justice kavanaugh is a vote for apple. i think apple will prevail. maria: can you buy apps somewhere else and use them on your iphone? >> i d

judge andrew napolitano. >> bill: we have a preview now now. >> hey, bill.s until the vote. a brand-new fox polls, states that could be key in deciding who controls things in january, whether the president can help keep things going in missouri. >> and the president to give a speech on immigration this afternoon with the caravan, the border wall, and a birthright citizenship now front and center. which voters will be energized most before tuesday? all of that plus our #1luckyguy. >> bill: why they are walking out in cities across the world. what's that about? next. >> sandra: a haunting site for drivers in los angeles. just before halloween, please say a man with a knife walking on a busy freeway was not a prank. one driver said she pulled up next to him and saw that his eyes were closed. she recorded the scene on her phone and called 911. authorities say the man is mentally ill and he was taken to a nearby hospital. >> bill: google employees walking out today. what they call "a workplace culture that is not working for everyone." new york city here in manha

brian: here is judge andrew napolitano. of people from jaywalking to murder and a lot of times your hands are tied is a judge. judge napolitano: in the old system, in most states and the federal system it is a minimum mandatory sentence meaning the judge has very little discretion. the judge is checking a box on a spreadsheet, adding and subtracting numbers and the bottom line number tells you where the person should go to jail and for how long they should go away. there is no greater obstacle to justice and sentencing than minimum mandatory sentences and this gets rid of minimum mandatory sentences. politically it is a win-win situation. talk about the politics in a minute but the optics of sending someone to jail who does not belong, whose crime was not violence, who deserves second chance and the judge being denied power to do that, i remember a case whereas a joke a canceled a copper plastic bag filled with soap powder pretending was cocaine. the cop thought it was cocaine, that he was making a big hit, it was just so pr

judge andrew napolitano is here for context. big picture, what does this mean? >> a couple things. the resignation letter was prepared in such haste that it's not even dated. >> i heard you say that. >> i very possible that it's been there for a while. it's unconceivable that lawyers would sign something like this without it being dated. the president may very well have said i want your resignation letter, it's going to be in my top drawer and all publish it when i'm ready and i know. secondly, the fisa application about which katherine has spoken at length, the president said he was going to reveal. he suddenly changed his mind 180 degrees after members of the intelligence committee, british intelligence, israeli intelligence dissuaded him from doing so. this tells me that this is part of some larger picture. what larger picture? if this is perceived as a series of events look at by the president in order to interfere with the mueller investigation by putting another person in charge of it that may take it over, a person more friendly to donald trump than bob mueller is perceived

joining us right now is judge andrew napolitano.ou this morning. >> good morning. maria: your thoughts on all this? >> great britain, the parliament doesn't like it when you don't accept an invitation. this empty chair for mark zuckerberg reminds me of political debates. you've probably ben throug beenh this, where the adversary doesn't show and you have an t empty share. maria: they're under pressure, go explain yourself. >> agreed. i guess his people have decided this wasn't the time and place to do it. he wasn't legally compelled to be there. as for the essence of what's going on, the european union actually has stronger privacy laws than we do here in the united states. and some of the data mining gathering and sharing that facebook and google, for example, engage in probably does transgress e.u. privacy regulations in a way that would not transgress american privacy regulations. that's issue number one that they're very concerned about over there. the other issue of course is the substance of that hearing at which mark zuckerbe

judge andrew napolitano fox news senior judicial analyst here to make sense of this all for us.his point? >> the governor scott has sought six lawsuits. the essence is the same. county officials in counties controlled by the democrats have abused their discretion by not counting fast enough. talking about this all morning with other guests and by keeping the polls open so to speak seven days after election. for absentee ballots to arrive. the response is our job is to make sure as many people vote as possible. not our fault that the post office is so slow and these ballots are still coming in. we're going to count them. on the other side of that is senator nelson's lawsuit, two of them, filed in federal court. not in state court. basically saying in republican counties the supervisors are too strict and rigid. so if you sign sandra smith on your application but sandra middle initial smith on your absentee ballot using you as a hypothetical, the republican ballot supervisors are rejecting your absentee because the signatures don't match. the federal court system is not precision

judge andrew napolitano there.wn, one day to go, how companies like patagonia are encouraging people to hit the polls instead of stores. they're closing the stores. how verizon is reorganizing to address changing business at the telecom giant, all that coming up, right here. ♪ release your inhibitions, feel the rain on your skin. ♪ no one else can feel it for you, only you can let it in. ♪ no one else, no one else. maria: welcome back. futures indicating a flat opening this morning, dow industrials down 11, nasdaq down 8. verizon is planning to break up its wireless business. cheryl casone has the details in headlines this morning. cheryl. cheryl: just getting this news this morning. they're going to restructure the business lines and that includes that massive wireless unit at the company, one of the first major organizational changes under the new ceo. a new vee consumer group will include consumer focused wireless and wireline services, the changes taking effect in january. shares of verizon are up 7% so far thi

let's say i'm a voter and i register as andrew p. napolitano. >> the p.sign by absentee ballot. they know it's me. the signatures are not a perfect match. should they accept or reject that. the law says reject it. the rational view is it's obviously the same person, let him vote. >> judge, are people getting carried away? in the history of recounts, we have never seen a rye count in any state -- recount in any state where somebody who is lagging in tens of thousands of votes ultimately lost. these people are going to win, are they not. maria: who is going to win? >> scott and de santis. maria: that's not what happened in arizona. >> arizona was not a recount. maria: it was real close. >> the history of recounts, it's an argument that governor scott's been making quite prudently, it's a prudent argument, maybe falling on deaf ears, the history of recount is the person ahead at the beginning of recount ends up winning. recounts rarely change the outcome. what we learned from 2000 -- i'm smiling because a lot of us cut our teeth on the 2000 case. we were wor

judge andrew napolitano in what he makes of that. >> i don't think there's any serious debate on thisnds of certain academics. not criticizing academia who enjoys stirring the pot and look for splitting hairs. for 115 years, literally the consistent pattern has been since the adoption of the 14th amendment. end of story. meaning your parents were dead amount or parents were heads of state and just happen to be here at the time your mom gave birth. that's the reference to the five words. neil: but it's evolved over the years. >> it's evolved over the years has as many since the times have changed. the right to privacy in the fourth amendment didn't contemplate peter chips. they probably never contemplated the people they came here illegally for the purpose of having children. that doesn't give the president. that may give the president the idea maybe we should amend the constitution. he can no more change the 14th amendment than barack obama could've change the second amendment which he hated. neil: barack obama did look into hundreds of thousands of immigrants up for deportation and t

arthel: that is fox news senior judicial analyst judge andrew napolitano talking to shep, raising legalmatt whitaker to replace jeff sessions as acting attorney general. his remarks come as reports come to light about whitaker who has been an outspoken critic of special counsel rob effort mueller's russia investigation. whitaker will now oversee the probe. president trump said he didn't know whitaker but that's not what he told "fox & friends" in october. >> i didn't speak to matt whitaker about it. i don't know matt whitaker. matt whitaker has a great reputation and that's what i wanted. >> matt whitaker's a great guy. i know matt whitaker. i never talk about conversations that i had. arthel: let's bring in our panel. alex little is here, former prosecutor and former assistant u.s. attorney. john loro is a defense attorney and former prosecutor. good to have both of you. let's jump in. alex, i'll talk to you first. it is in the president's purview to fire attorney genera general- attorney general sessions, does that erase misconduct and does itit erase jeopardy for the president. >> th

judge andrew napolitano is here.harge, please. >> this is sweeping complaint filed by ted olson usually associated with republican causes in washington d.c. filed in federal court in washington d.c. not looking for money damages. looking for the immediate return of jim acosta's credentials. they argue that the president doesn't like him because of his speech. that is the first argument. his credentials were taken away out any hearing that is the fifth amendment argument. you and i talked about this in the past, during the break in which you said what i think a lot of americans agree with you on, that there should be a certain level of decorum in the white house press corps and failure to comply with that decore couple should be grounds for revoking the pass. the only grounds for revoking is the pass are, is the person a danger to the physical security of the president and his family. obviously acosta may have been an irritant to the president but he was hardly a danger to him. so i think cnn has a very good case. i t

ainsley: here to weigh in on this is judge andrew napolitano. judge, what do you think?wful appointment because there are two statutes that governor who can become acting attorney general. and while they have different procedures, they both have two requirements and one is at the time that you become acting attorney general, you have a physician of the justice department a appointed by the president and b, confirmed by the senate. steve: right. >> congress was very careful when it wrote these laws it didn't want somebody running the 90,000 employees in the justice department and the thousands of criminal investigations and prosecutions that go on every day who had not been vetted by the senate. mr. whitaker now acting attorney general whitaker, we will find out later today if he is still acting attorney general find out more in a minute was not in a position in the doj where he was appointed by the president or confirmed by the senate. just hired by jeff sessions. chief of staff. the state of maryland is in litigation doj affordable care act. parts of the affordable care

. >> sandra: let's bring in judge andrew napolitano.ood morning to you, judge. >> always a pleasure. >> sandra: ken starr. you have not seen trump do anything close to an impeachable offense. do you agree? >> the question is do the house democrats agree with him. i don't think that they do. the reason i make that statement is congressman nadler who represents this part of manhattan where we're sitting now is slated to become the share of the house judiciary committee if the democrats take the house tomorrow night. he has already said they'll not only begin impeachment proceedings against the president. but he will begin impeachment proceedings against justice kavanaugh. theory being he lied in his confirmation hearing. they are not taking ken starr's advice which is very prudent advice. you should not begin impeachment proceedings unless there a a clear and widely held political belief the person is utterly unworthy of holding office. you may not like trump's personality or tweets or his tone, does that make him unworthy for office unde

andrew napolitano said he does no longer think it will wrap in 2019. but it will go beyond that. imagine that, byron. thank you for being on with us today. byron york in alabama. >> sandra: well, it was a success. a big win for nasa yesterday. the mars insight spacecraft landed on the red planet and sending back stunning images of the landscape there. but first a daring adventure caught on camera inside a california home as two sisters plot their great escape. liberty mutual accident forgiveness means they won't hike your rates over one mistake. see, liberty mutual doesn't hold grudges. for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. ♪ liberty. liberty. liberty. liberty. ♪ >> bill: looking for a friend to play with? stuck behind bars? not a problem. 4-year-old justice interrupted her 2-year-old play time in california. with words of encouragement and the chair says come this way. the two of them make the escape and get away. >> sandra: amazing what two young siblings can accomplish when they get together. >> bill: jus

alan west is here and judge andrew napolitano joins us as well. don't miss a moment of it.ming up. we kick off with president trump honoring america's heroes. the commander in chief joined other world leaders in paris this weekend, commemorating the end of world war i. the president paid his respects in paris yesterday. >> millions of american, french and allied troops fought with extraordinary skill and valor in one of th the bloodiest conflics in human history. we are gathered together to pay tribute to the brave americans who gave their last breath in that mighty struggle. the american and french patriots of world war i embodied the timeless virtues of our two republics, honor and courage, strength and valor, love and loyalty, grace and glory. maria: joining me right now is former national security council chief of staff and center for security policy incoming president fred flights. thanks for joining us. >> good morning. maria: your reaction to the president's trip and compare the modern military today and how it's evolved over this 100 years. >> i think what's extraor

joining us right now is judge andrew napolitano. good to see you. thank you so much for being here.the report details an interview with a man who believes she is the person she refer remembers m the college encounter. it was in the report that there was someone else saying i was there, i think it was me, she's confusing it. why wasn't this pursued before the public hearing? >> you have to ask senator grassley in part because the republicans were rushing this, in part because the democrats sat on it. in the real world, dr. ford would have been interrogated privately by investigators, congressman chaffetz knows this better than anybody, by investigators from the senate judiciary committee and the investigators would have found out if this is a case of mistaken identity and this could have occurred without the taint and attempted public destruction of justice kavanaugh's reputation, a taint that regrettably will stick with him for a long time. maria: terrible. >> the other reason that i suggest to you for this rather unusual report, after the nomination has been confirmed, that justice

. >> all rise judge andrew napolitano is here.o is this legitimate oversight or is this beginning -- >> i'll give you both argumentses one argument is narrower argument that congress can investigate that which is apparently criminal or impeachable, and even if what even if the president did what congressman shift is just accused him of doing in that clip it is neither criminal or impeachable. other argument is that congress has the power to investigate anything about the executive branch that thinks that executive branch is hiding from public that congress thinks that public would want to know. now, when congress and the president are on opposite parties congress thinks the public wants to know everything that president is doing and when congress and president of the sail parties like now, congress usually backs president up so it wot surprise me if congressman shift is correct. and that if this along with you were talking during the break about same with 85. potential investigations it would surprised me if 85 start. dana a colle

steve: joining us now is judge andrew napolitano. if you he a agree trial. truth and now is he in trouble. judge: that's what the government says. very, very complicated plea agreement i have never seen anything like it in high life. 175 pages. most plea agreements are to 5 pages. why? because they very shrewdly had him plead guilty not only to the federal crimes he was indicted but for stated crimes in new jersey, new york, and california. steve: no pardon. >> no pardon power to the president which he has not been indicted. if everything falls apart the attorney attorneys general f those three states could diet him. tell us what you know your investigation translate the president. we will ask the judge to go easy on you. yesterday when they were required to report to the judge are you ready for sentencing. he lied to us. we are not going to ask to you go easy on him. want to you sentence him to the max right away. p.s., we're probably going to indict him for lying to the fbi. it's the same crime that papadopoulos went to jail for. brian: how rare is it to c

here to weigh in fox news senior judicial analyst judge andrew napolitano. >> good morning, guys.did via executive order. then he said yesterday maybe he would prefer to go through congress rather than executive order. >> listen, congress can write legislation that puts sections ever ever constitution into your law and tells bureaucrats how t to. congress can't change the constitution. if the president wants legislation that says for example the congress declares that birthright citizenship no longer exists, that legislation would be just as unconstitutional as the presidential executive order declaring the birthright citizenship doesn't exist. why do i say that? because of the plain meaning of the 14th amendment, which says all persons born or naturalized in the united states and subject to the jurisdiction thereof are citizens of the united states and the state in which they live. steve: it's that word jurisdiction. >> so are illegals subject to the jurisdiction of the united states? of course they are. they commit a crime. they get prosecuted. they get in an automobile accident