the 81-year-old justice anthony kennedy seen likely justice to step down, would be president trump'stment. we are back with dan henninger, allysia finally and bill mcgurn. >> i think it's a good list. two of them i know. bret and amy i know from notre dame law school. i think we have ted cruz to thank for this. paul: ted cruz, why? >> in debates ted cruz said that trump would appoint bad justices. i think this is a good precedent i think he can claim a mandate and put it out there. >> we all have mysterious views on this. we have to thank the late justice scalia who trump was talking a fair amount during the campaign and i think he got to like her and decided he we wanted to appoint people in the mold of justice scalia and with the federal society and people like leonard, that's precisely what he is doing. paul: the sixth circuit court of appeals was -- clerked for justice scalia, favored of justice scalia and tremendous jurist and puzzling to me that he's not on the list. but allysia, amy barrett. >> she was criticized by diane feinstein if before too dogmatic. >> are you orthodox c

anthony kennedy may retire after thanksgiving and the white house wants to be repaired. >> john, thank you. a democrat senator name as a potential presidential contender in 2010 is taking heat after declaring that bill clinton should have resigned following the lewinsky scandal that triggered his impeachment. james rosen tells us about the latest controversy in the politics of sex sexual harassment. >> occupant of the new york senate seat, kirsten gillibrand believes president clinton should have resigned amid the sexual misconduct charges. >> things changed today. under those circumstances, there should be a different reaction. >> gillibrand included the republican incumbent. >> i think in light of this conversation, we should have a different conversation about president trump. >> liberals at the time on msnbc demanded a wreckoning with the clinton era when they attacked his female accusers including broderick who claimed bill clinton raped her. the form president stumped for gillibrand prompting a spokesman for miss clinton to tweet: not enough for you? over 20 years you took the cl

it's widely believed that justice anthony kennedy will announce his retirement at some point, maybe after thanksgiving. we don't know. the white house has added to its list amy barrett, britt grant, she sits on the georgia supreme court, britt cavanaugh, a bush appoint appointee, kevin newsom, and patrick wyrick. he's a new appointee to oklahoma's supreme court. so that gives a list of 25 nominees to choose from. the federalists society is meeting in washington this week. don mcgann is about to give a speech regarding this organization. amy barrett has large support from catholics, even though that was a point of contention. >> john, in the minute or so we have left, back to the tax issue. we've seen zero evidence that any democrats would in fact work with republicans. there has to be wrangling going on with these half a de-sen republicans who are on the >> there's no question. you're twisting arms of republicans as much as you are trying to cajole democrats. i mention heidi heitkamp and joe manchin that said there's some aspects of tax reform that they would like. heidi heitkamp appeared

damion shiff is a right wing blogger who referred to justice anthony kennedy as a judicial prostitute in 2007 and wrote that medicare and social security were unconstitutional. president trump has nominated him to the u.s. court of federal claims. john bush has pend hundreds of political blogs under a pseudonym deriding president obama and dispatch arnling gay rights. he has already been confirmed for the circuit court of appeals. recently took down a prolific social media platform where he killed on hillary rotten clinton to be locked up. he has also not tried a case. now democrats are expressing frustration and kpach rags about the picks and the process. >> there's a point at which this whole process becomes just a joke of ramming people through. >> i think this kind of rush to rubber stamp president trump's nominees, many of whom have been extreme, some of whom objectively unquail fied diminishes the senate's constitutional duty. >> most of the president's 62 nominees aren't as controversial. of those 46 have been rate well qualified or qualified by the american bar association. th

kennedy: are they doing it for the wrong reasons? >> yes. this was as anthony just so eloquently put, it's benefiting the donor class. the gop donors. not necessarily the 1%. just really benefiting the republican donor class. that's it. and what is so upsetting for the gop and so dangerous is that whole very like blue collar, even some democrats, that middle class support that came out for donald trump. they have been promised the largest tax cut in history. when they see it's not that, it may not be for them. kennedy: the democrats fantasy of removing president trump from office. this morning five articles of impeachment were introduced against the president. >> we have taken this action because of great concern for our country, our constitution, our national surity and democracy. we belve presidentrump has violated the constition. kennedy: his sentiments were echoed by max seen what maxine waters, what a surprise. >> impeach 45! kennedy: the only thing mission from the impeachment parade was how to carry it out. it would make a majority vote to impeach the pr

something that starts further back than bill clinton, it started with teddy kennedy and then you have bill clinton then anthonyner and then you have harvey weinstein and all kinds of other ones and now you have al franken, half of their, as party is in jeopardy and as a party they need to do something about al franken in order to maintain any sense of credibility which i think is already shredding with their voters >> right before we go because we were talking about this, i wanted to move on quickly because we only have about a minute left but i wanted to talk about the victory for the house this week which is passing the tax plan, we know the able to pass the healthcare repeal. what do you think moving forward? can the senate get past the issues we have, they're talking about trying to repeal healthcare again, what do you think will happen from here on out >> i think the senate will come around. first of all from a political point of view, the senate needs to deliver because the republican party is in deep trouble if they don't. the second thing it's is great tax bill. it creates economic expansion, developme

we look at a more contemporary example on the democratic side, let's say anthony weiner, he's in jail. >> tucker: ted kennedye lion of the senate, killed a woman and left her to drown in a car. no one disputes he was drunknk driving and went off the bridge, he never even reported it. when he died, it was only 2009, "huffington post" ran a story. "why ted kennedy -- what would she have thought of ted's career? answer, maybe she would feel it was worth it." that was 2009. >> wrote that, talking about ann incident that was happening in the '60s. we are talking about these very, very different times. >> tucker: he killed a woman and served until 2009. t that fall. matt, he got adulation from feminist because he was for abortion and they ignore the fact that he actually killed somebody. >> tucker: roy moore is on the ballot today in 2017. i think we can go back and talk about how people did bad things in o the past. >> tucker: my only point is -- and i said it last night on the show, i think there are peoplesa who are willing to makere excuss for moore for political reasons. i just think that's wrong. i think you

kennedy: how does this shape up? welcome to the show, anthony. let's talk about the senate version. it has that very curious individual mandate repeal. do you think that is the most of perilous part of the senate tax plan? >> i think it reflects the perils that the senate's tax plan has. they are trying to find a bunch of different ways to afford this. i don't think it's about the politics. obamacare. it's about trying to find revenue to pay for some of the tax things they are trying to do differently in the tax bill. kennedy: if you are cutting costs and saving $338 billion over 10 years, that's not too problematic. it's also mill some ofically consistent with what republicans have been saying for so long. you have people like susan collins who operate like she is from a totally different party. allow people to create coalitions. the way they are doing it, nothing is going to get done. >> there is a certain components of the republican base that we don't like the individual mandate. we want to get rid of it however we can. they are trying to take tax reform in the noachtion we are

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kennedy: good evening, my fellow citizens. this government, as promised, has maintained the closest surveillance of the soviet military buildup on the island of cuba. >> anthony: this is the cuba i grew up with. >> narrator: mankind teeters precariously on the brink of a thermal nuclear war. >> anthony: the missile crisis. duck and cover. hide under your desk, kids, cover yourselves with wet newspaper, because we're all going to die. >> narrator: the flames of crisis burn far stronger, fed and fanned by the bitter tirades of fidel castro. >> anthony: and this guy, always in the fatigues, underlining with every appearance that we were two nations in a never-ending state of war. >> president obama: today, the united states of america is changing its relationship with the people of cuba. we will begin to normalize relations between our two countries. ♪ i took a walk through this beautiful world ♪ ♪ felt the cool rain on my shoulder ♪ ♪ found something good in this beautiful world ♪ ♪ i felt the rain getting colder ♪ ♪ sha la la la la sha la la la la la ♪ ♪ sha la la la la sha la la la la la la ♪ ♪ >> anthony: cuba has been sitting here 55 years now, half an hour

kennedy: good evening, my fellow citizens. this government, as promised, has maintained the closest surveillance of the soviet military buildup on the island of cuba. >> anthonyiously on the brink of a thermal nuclear war. >> anthony: the missile crisis. duck and cover. hide under your desk, kids, cover yourselves with wet newspaper, because we're all going to die. >> narrator: the flames of crisis burn far stronger, fed and fanned by the bitter tirades of fidel castro. >> anthony: and this guy, always in the fatigues, underlining with every appearance that w

anthony. >> ben tracy with the great escape. thank you, ben. >> up next this november 22nd, honoring president kennedy. >> a 21 gun salute at theyhood home of president john f. kennedy in brookline, massachusetts. the wind-up of a year of commemorations of the centennial of his birth. kennedy assassinated in dallas 5 a4 years ago today. >>> more than 400 college appropriate fessors from around the world have started an extraordinary campaign against a private research university in new york state. they're urging students not to apply to the university of rochester, amid allegations a professor there, florian jager has preyed on female students. he has been placed on leave as the university investigates. >>> months after the republican effort to repeal obamacare failed, more americans are signing up. the government said today, 2.3 million have enrolled in individual health plans, health care.gov, that's 900,000 more than at this time last year. >>> the busiest place this holiday season might be an office in naperville, illinois, home to the butterball turkey talkline. 50 experts on duty at all times and on all devices. last year

he has clerked for a circuit court judge and for a supreme court justice anthony kennedy. today he's a professor at the university of pennsylvania school of law where, according to former dean of students, he enjoys the give and take of discussion and is very fair, considerate, and encouraging. moreover, as a bipartisan group of more than 100 law professors put it in a letter to the judiciary committee, professor bibas' fair-mindedness, conscientiousness and personal integrity are beyond question, and in their view his judicial temperament will reflect those qualities and he'll faithfully discharge his duty to apply the law fairly and even handedly in all matters before him. professor bibas also reminded us that he, like justice gorsuch and justice eid believe in a fair-minded approach to the law. in his words, people need to know and believe that judges will apply the law impartially and even handedly to all litigants regardless of their wealth or power. he's right. let's join together in supporting him today. i'd like once again to thank judiciary committee chairman gras

he clerked for justice anthony kennedy on the united states supreme court. he worked in both private practice and as a prosecutor and distinguished himself as an academic now teaching and publishing in the realm of criminal law and procedure. a diverse group of more than 100 law professors noted professor bibas noted his personal integrity. those are the sort of quality we should all want in a circuit court judge. we're going to confirm professor bibas and the other nominees i mentioned no matter how long it takes this week. the majority leader has put our friends across the aisle on notice and there's nothing they can do to stop the confirmation votes before we call it a week. once again, the administration has demonstrated its skill at picking bright nominees for the right reasons. this -- this week's nominees will read the law faithfully, they will honestly interpret its text, and they will apply it to cases with a sense of humility no matter what their preferred outcome might be. i appreciate president trump, leader mcconnell, and chairman of the senate

supreme court justice anthony kennedy and judge patrick hi gabotham. professor bibas is an accomplished legal scholar. he served as law professor at the university of iowa school of law and university of pennsylvania school of law. he has been a prolific author whose academic writings are often cited by the u.s. supreme court, courts of -- courts of appeal, and has focused on criminal law. he has expressed criminal justice reform that i expect many of my democratic colleagues would share. for instance professor bibas criticize what had he sees as the overuse of plea bargains in the courts as being unfair toll criminal defendants who then never get their day in court. there's no question that professor bibas has extensive academic credentials. but he's also an experienced attorney, and he served on both sides of our criminal justice system. he's been a prosecutor and he's been a defense attorney. he has a balanced perspective from both sides of this part of our judicial system. he served as a federal prosecutor in new york city where he prosecuted over

then for justice anthony kennedy of the united states supreme court. following these prestigis clerkships, professor bibas became an assistant u.s. attorney, southern district new york. his experience as a prosecutor gave him a firsthand view of the problems and injustices in the american criminal justice system. he decided to pursue a career as an academic and focusing then on improving the criminal justice system for all involved. professor bibas' first stint as a professor was at my home state of iowa, the university of iowa college of law. he taught criminal law and procedure there for five years. we were certainly lucky to have a professor of his caliber. professor bibas then took a position on the faculty of the university of pennsylvania law school where he has been teaching since. professor bibas has been prolific in his academic writings, publishing numerous articles on all aspects of criminal law. his academic work culminated in the publication of his book entitled the machinery of criminal justice. that book was published 2012. in this book