judge napolitano: this is something that makes a warm heart cold. and law enforcement people loathe minimum mandatory minimums. this is something else the attorney general is pushing for marijuana and other crimes. >> for any republicans or conservatives who support this war on drugs, please don't ever let me hear you say you believe in the free market, individual liberty or small market again. if you throw somebody in a cage -- judge napolitano: there is legislation in the senate. senator cory booker from my home state of new jersey and senator rand paul would remove marijuana from the schedule of products that are considered controlled, dangerous substances. will that see the light of day? mitch mcconnell has to decide whether to bring this to the floor for a vote. how would the republicans vote on this? >> i have to imagine it wouldn't get much support. but it would be great if it did. rand paul has been good on this and so has cory booker. judge napolitano: is there a problem with it being illegal on the federal level, legal on the state level a

katie pavlich has with us today and today's #oneluckyguy, fox's new senior news analyst, judge andrew napolitano. >> judge andrew: the news is so dreadful, it's difficult not to laugh. >> harris: now back to the serious stuff. thank you, judge. a massive ramp up and intentions from north korea. they're threatening to strike the u.s. territory of guam. watch president trump. >> north korea best not make any more threats to the united states. they will be met with fire and fury like the world has never seen. he has been very threatening beyond a normal state. as i said, they will be met with fire, fury, and frankly power, the likes of which this world has never seen before. >> harris: those comments coming after a "washington post" reports confirmed by an american intelligence official that north korea has produced a compacted nuclear warhead which can now fit inside one of its advanced missiles. analysts believe those muscles are already capable of hitting half the united states. still, the president tweeted this today. my first order as president was to modernize our nuclear arsena arsenal. it i

judge andrew napolitano. melissa francis. kennedy: there is a new chief of staff in the white house and scaramucci is out. are the shakeups over or will john kelly continue to clean house. judge andrew napolitano takes the case. third grade news is back. so what do the kids have to say about the nonsense in washington. grab your lunch box because it's time to feast on freedom. there is a you are in sheriff in town, a four-star marine general who doesn't take any lip. in a post-priebus white house general john kelly has a big job ahead of him bringing precision and discipline. his first order of business was to sack the mucch. the general has had impressive results as head of homeland security and now it remains to be seen if his trickle down discipline will work. general kelly has to not only a squash the personality fires that flare among the warring tribes. he is well liked and feared in equal measure which is a diametric shift from reince's reign. it's like bringing in the national guard after a few days of riots. it's an a

judge napolitano: lay watch this. the most-watched business show in america. filling federal court vacancies, he has had five judges confirmed, another 30 pending, still 123 left. judge napolitano: this is an area that will drive democrats on the left crazy, he carefully chose and vetted neil gorsuch, same care being paid like i have not seen in the past 40 years to the nominees to the federal appellate courts, the courts below the supreme court, they are serious, constitutional scholars that are getting these positions. we have not seen a concerted effort to change the ideology of the federal appeals court since ronald reagan in the early 80s like we see now. stuart: big plus, thanks very much, good stuff. big -- talking politics, constitution and law. big retail names, some reporting financial results earlier today. look at them go down. that is advanced auto parts down 24% like dick's sporting-goods down 17% moments ago. look at coach. i call this democratic luxury, luxury items in the reach of middle america. they are down 14%. they issued a week for tax.

judge napolitano: i don't know if anybody means anybody.embers of congress can spill secrets if they do so on the floor of the house or senate. but if he's talking about an official in the government with a national security clearance and has information that's characterized as confidential, secret or top secret. and hands it over to a journalist. let's say i have this clearance and i hand it to you, and you say the public has to know this. this is the exact opposite. you compton your show and reveal it. can you be prosecuted? absolutely not and under no circumstances. kennedy: jeff sessions was implying they can go after journalists. judge napolitano: as long as it's material to the public interests. yes, they can. the question is, can they come after me. they can. the question is, can they go to you to find out who your source is and what do they do to you when you won't tell them your sources. that's the james rosen issue. you had a perfectly legitimate professional relationship with a source the government didn't want published and they

judge andrew napolitano, talking about it last hour.s guy created a hostile work environment, but writing this memo, wouldn't want to look at this. judge napolitano: there is a lot of psychobabble in their, deep syria, use of words we don't all use all the time. he is out there, either extremely well-educated or cut and paste a lot of complex material. i am not critical of him. i don't know what his educational background is but not something you are discussing in the streets over coffee. if you had a female tech employee on who said she would find this would create a hostile work environment, there is a very low threshold, intentionally low threshold for the creation of a hostile work environment because the statute that prohibits hostility in the work environment has clawss that they this statute should be interpreted liberally to protect the sensibilities and sensitivities of employees, not of the employer. if the employer, google, is aware of the statute and we presume they must be, they probably, in a prophylactic way, to prevent a

judge napolitano: the obama appointed judge rejected the argument of the trump state department and thattment that said we don't want to look for hillary's emails. why are they making the same argument they blasted during the campaign? judge napolitano: stuart: you tell me this, is this a step forward? if the state department is being ordered find the emails -- judge napolitano: an area of emails that has never been looked for before, emails that mrs. clinton sent to her personal aides and they sent to her that did not show up on the ones she decided to surrender to the state department. to find them, to state department servers which captured 100% of these aids emails use on that server. stuart: will we see the light of day? judge napolitano: i hope so, we will see how angry i am that the sessions justice department and the tillerson state department is trying to protect mrs. clinton. stuart: two more things come you have an article on foxnews.com called the truth about sanctuary cities and rule of law, chicago is in the center of the latest sanctuary city showdown in the story. judge n

judge napolitano is here.you cut right at it, what's the significance of ben rhodes being the person of interest being close to president obama? >> the closeness to president obama advising him on the political impact of foreign policy decisions. now, senator chuck grassley, chair of the senate judiciary committee has served subpoena on nsa. nsa doesn't like subpoena, the most secret of secret entities. the subpoena asks for every unmasking request sent by ben rhodes in his last year of tenure as deputy of national security adviser to president obama. are there two, are there 22, are there 220 and who was unmasked, donald trump, general michael flynn, who was it? stuart: do you know that? >> i don't. i'm glad you asked that. let me clarify, that's a hypothesis. we know that trump and flynn were unmasked. we don't know who did the unmasking. their conversations appeared in the washington post. the question is was the unmasking done for a legitimate national security purpose. ben rhodes was in the category that

judge andrew napolitano is here with the answers. welcome back, judge. what are we look at as far as the charges and how deeply this young man might have been entrenched in his movement? judge napolitano: we are looking at a complex area of the law where hate speech is free speech. the police have an obligation to protect all the speakers. whether they had it the message or didn't have resources, who knows. a federal investigation is looking at a couple of things. was there a plan or thought hacked in ohio and perpetrated in virginia to kill somebody on the basis of their race. civil rights laws protect race, the. it if the plot is based on race or place of origin or national identity, aspects of humanity protected by the federal civil rights laws, then the feds have a case. the language domestic terrorism does not describe a crime or a class of statutes. that's a political reference. the president can call it domestic terrorism and that doesn't change the law. the definition after terrorist act under the federal statutes are two or more separate acts of

judge napolitano: i wish he was.under jim comey, a picture of a mountain load. stuart: you are doing your best to light a fire, well done. see you tomorrow, thank you, more varney after this. .. stuart: president trump speaks in west virginia tonight, and he has just said it's going to be a big announcement. any -- we don't want to guess? >> what will it be? stuart: i don't know, what do you think? >> i don't know. i know he's a master charmer and producer of crowds, and this is one of his means of doing it. stuart: i think i've put you on the spot. >> yes, you have. stuart: first time ever. [laughter] would you like to speculate, elizabeth macdonald? >> his new communications director -- stuart: you think. >> i have no idea. stuart: you know what would be bigger? judge napolitano to be head of the federal reserve. not going to happen. [laughter] we are dead flat at the moment, right at 22,015, and my time is up. neil, sir, it's yours. neil all right, stuart, thank you very much. we are following up on what is coming

judge napolitano: except you hate this. >> agree with that last comment., we have an agreed future and that is the problem. and absolutely horrible and not a lot of history in it. you were educated in england. the object of school is to lower self-esteem to undetectable levels by the end. and actually teach you stuff thereafter. judge napolitano: the government owns the school and has to provide more freedom of speech than socialist joint that you went to. stuart: i am losing control here. now this. pretty much everyone in america except perhaps myself knows the restaurant chain huddle house. huddle house. on your screen, ladies and gentlemen. we are joined next by the ceo. he is frustrated with congress. he is on the way into the studio. gold up on the north korea threat, $17 higher. that is called safe haven investing. more on that in 90 seconds, stein is will -- with us. he sits on the set passively. we will be back. today, we're out here with some big news about type 2 diabetes. you have type 2 diabetes, right? yes. so let me ask you this... how does d

and that, that would be a felony, joining us now, judge andrew napolitano.reat to have you here. >> great to be with you. lou: everyone was talking about unmasking released to so many agencies in final days of obama administration but this was 3 years prior. >> we did not know about that until a new hours. we have dealing with raw data, text-messages e-mails, suddenly they found out it is easier to find out whom is speaking on whom. after donald trump was elected, probably when barack obama and valerie jared and susan rice decided they would make life difficult for him. president asked loretta lynch to change rules about keeping secrets secret. for generations to 1947. when cia was founded, if an intelligence agency gets raw data, they keep it, unless it absolutely necessary to share it. this rule canal be shared with all 17 intelligence agencies and executive branch, within two days of that sharing, where did conversations of mike flynn and ambassador show up, in new york times and washington post. lou: no investigation to obama administration, not by a rep

judge andrew napolitano is here and has the answers as always.>> he's saying don't test america and don't test donald j. trump. we're not just a superpower, we were a superpower, we are now a hyperpower. the message is very clear, don't test this white house, pyongyang. poor mouth breather. allergies? stuffy nose? can't sleep? take that. a breathe right nasal strip instantly opens your nose up to 38% more than allergy medicine alone. shut your mouth and say goodnight, mouthbreathers. breathe right. hey. pass please. i'm here to fix the elevator. nothing's wrong with the elevator. right. but you want to fix it. right. so who sent you? new guy. what new guy? watson. my analysis of sensor and maintenance data indicates elevator 3 will malfunction in 2 days. there you go. you still need a pass. hey, i'm the internet! there♪ u go. i know a bunch of people who would love that. the internet loves what you're doing... ...so build a better website in under an hour with... ...gocentral from godaddy. the internet is waiting. start for free today at godaddy.

judge napolitano: of course i get your point.ice to keep people like you and me and dan and most rational people would be outraged at the site of a swastika, as repellent as it is, the owners of it have a right to display it in a free society. when police failed to separate adversarial groups as was the case in charlottesville were effectively citing the louder and more vile of the two groups and suppressing speech of the other side, the constitution prohibits them. stuart: your response please? >> the judge make the point, we have a wonderful quotation on the editorial change from ben carson, in the virginia countryside, someone put up a confederate flag nearby, ben carson moving into his neighborhood and carson was away, the other neighbors went to see a neighbor with a confederate flag and talked him into taking it down and ultimately carson said he became friends with this guy. if you have space, something we are talking about with speech on campus. if you allow people to talk to one another rather than shout them down and in

judge napolitano thank you. >> i'm happy to be sweet with you. david: a sweet man. dan mitchell cato institute. i won't ask you to talk about the case because we don't know much about it, how might this affect #-d agenda specifically dealing with tax cuts? >> there are two features to pay attention to. if all this potential scandal weakens trump politically, it becomes more likely that republicans will break ranks and not feel that they have to go along with trump's tax agenda, his budget agenda, if obamacare comes back up again. the weak are trump is, the more sort of moderate republicans can break ranks. of course the second thing, the flip side, the democrats, whether you're talking about manchin and in west virginia, whether you're talking about the indiana senator, north dakota, there are a couple of moderate democrats who are gettable on tax cut issues, but if trump is weak will they go along with the republicans in general on taxes? probably not. it is to the advantage of trump's opponents to kneecap him as much as possible. melissa: dan, i think that is a ve

american favorite judge, judge napolitano here to weigh in after this.white house national security adviser, ben rodese is a person of interest. getting intelligence documents that revealed the name of trump aides during the campaign, that is called unmasking. added to number of top obama staffers who may have requested identity of president trump workers. outlet is called circa news, reporting that northbound of unmask americans seems to have increased about time trump secon secured the g.o.p. nomination. let's bring in fox news sense juror judicial analyst, judge andrew napolitano, when did this start? >> there are two phases in 2013 clapper, made it easier to perform unmasking of members of congress and other officials of the government. and then after donald trump was elected now to december of 16, president obama changed rule on raw intelligence, it was that an agency, say that nsa had raw intelligence, transcripts of a phone call. copies of a text-message or e-mail they could not share with anotherintelligence agency. liz: you have to get cia to si

judge napolitano is here.e a libertarian, you like small government or no government at all. do you think we should intervene on amazon because it's so big and so powerful, bring it down to size? >> let me take my own views out of it and let me tell you the laws. the general rule of thumb for suggesting that a monopolist needs to be examined and broken up is when they can dominate 75% of their market and i don't believe am disown is anywhere near there. the other rule of thumb is when the alleged monopolist can stifle competition by interrupting supply lines or controlling manufacturers, then amazon is not there. stuart: stop hiding behind the law. >> you asked me to explain what the law is. stuart: i'm asking your opinion. >> they have no right to break them up. this is one of the greatest entities on the planet today and provides incredible services to all kinds of people. stuart: only difference to you is big government is bad, but big corporations because they are private they are okay. >> big government c

all rise, judge andrew napolitano back with us. great to have you, judge.g transcript of the president's telephone conversation, that does not contain classified material is wrong, and condemnable but not a serious offense. not a crime. the person who did that should be fired but not prosecuted. a person who released something they received because they have a security clearance, a person who leaks that has committed a felony. though of course the person to whom they give it if in the media and it is published is immune from prosecution. ashley: i wanted to follow up on this story because we had bill bennett. >> used word immune intentionally. ashley: he said he disagreed with you. journalists have every right to publish what he gets from his source. he said no. i was thinking in a situation of war, if you publish something that could put american lives at risk in the military whatever it could be, he says you are not immune. >> he is brilliant man. i am honored that my name came out of his mouth. ashley: very kind. >> in a pleasant, in a pleasant way. ther

fox news senior judicial analyst judge andrew napolitano judge us right now.s are doing? >> well, the first amendment restrains only the government. it reads: congress shall make no law bridging the freedom of speech. congress has been interpreted to mean no government shall abridge the freedom of speech. facebook and other high tech companies are not owned by the government so they are free to censor. steve: they can do whatever they want. >> censorship is a very dangerous business. they will lose market share. they will lose a lot of customers. they will lose their identity as a marketplace for ideas and then these hateful ideas will go somewhere else. so, which is worse in the american icon of values, hate speech or censorship? i would argue that censorship is worse. we want to know who the haters are. we want to know the source of the hate speech. we want to know where they're. we want to know what they say. we want to know how dangerous it is because the remedy for hate speech is not censorship. it's more speech. abby: there is nothing -- >> -- expose it.

all rights, judge napolitano is here.ooks to me like free speech and diversity in holding your own opinion within a corporation is headed to court. >> i think this is a dynamic story and will reverberate throughout the country and in other venues. california is much as we do here in new jersey that prohibits affecting a person's employment status on the basis of political opinions expressed doubts that the work place. political opinions expressed inside the work as can be the subject of discipline. i have read this memorandum. it is challenging. there's a lot of psychological terms in there, a lot of psychological leaks in there. it impresses me as more psychobabble than it is politics. remember the basic rule. the first amendment restrains the government. it does not restrain private employers. you can invite me to your parlor in silence me if you didn't like what i said there. might you consider doing that? >> absolutely i would. >> i have no first amendment claim against you. that's anyone of us if they did michael res

judge andrew napolitano. there a lot this could mean and note mean. sometimes there's a knee jerk reaction that there's an escalation. i want to be very careful about this. the markets were not whip-sawed by this either way. if we take a look at the timing. we got word of this, it was really the last quarter hour of shep's show. markets sold off a little bit. not dramatically. it's come back to a point of the end of the day within ten points. we have charlie gasparino here from fox business what do you think of this? >> someone that covered a lot of white collar crime, my experience, particularly at the "wall street journal" where i made my bones over there, you -- when a grand jury is empanelled, it's a significant step in an investigation. it's an overt step that there's an investigation, meaning there not just smoke there, there's some smoke there and we have to see if the smoke is fire. it's not just random stuff. it's not just the appearance of conflicts of interest or whatever. there's some real stuff there that a prosecutor believes needs to be

judge andrew napolitano. ceo calling dunlop with a lot of emerging business as well after the big small business yesterday. top story right now is marka. record territory once again. dow industrials lead to open at an all-time high once again this morning. we know this because it is up 25 points, just shy of 22,000. apple came out with much better than expected numbers. we came within 10 points at 22,000 yesterday. this will help today. apple is up 6% right now. the stock rallied on the news or join us on a talk more about it is chief market strategist senior managing director tony dwyer. good to see you. you are pretty bullish the last time you joined us. put money into this market now. and for that. you're about to hit all-time highs. maria: would you do it again? are things getting -- how do you see it? >> i see little bit of a correction. we are all looking for a friend. [inaudible] what is interesting is historically volatility is very low when people look at that like a sell signal, but it not. it is ac

judge napolitano the expert on that document. well, he is here to explain next. steve: all rise. the lungs. (class) ewwww! (boy) sorry. (dad) don't worry about it. (mom) honey, honey, honey, honey! (vo) at our house, we need things that are built to last. that's why we got a subaru. (avo) love. it's what makes a subaru, a subaru. get 0% apr financing for 63 months on all new 2017 subaru legacy models. now through august 31st. a penny it's ourr back to school one cent event at office depot office max. notebooks! one cent! rulers, glue and 12-pack pencils! all one cent each! hurry to office depot office max! ♪taking care of business ♪ abby: welcome back to "fox & friends." 15 minutes before the top of the hour. legendary wrestler rick flare is recovering after undergoing surgery in atlanta. put into medically induced coma before the undisclosed procedure. the reps say it was successful he is not out of the woods yet. we will keep a close eye on that one tiger woods was driving under the influence five prescription drugs when florida police found him asleep behind the wheel. back in

our own fox news analyst judge napolitano said they may believe there was a crime there and persuadederal judge there was good reason for this search. >> we don't trust them to give them to us and preserved them for his own lawyer is telling us he can't control his client. >> president trump is trying to distance himself saying he only played a small role in the campaign. he was brought in in march of 2016, they did the convention for the g.o.p. nomination. and manafort resigned last summer. we were talking about this on the story earlier. why is this breaking now? the raid could have been a signal to paul manafort but leaking it now could also be a signal to other people involved in the case. they may try to save your meaning business here. >> dana: and i didn't mean to -- >> kimberly: if you didn't hear it. >> dana: kimberly, one of the things in comey's testimony, when he was relaying the conversation with president trump, he said if one of my satellites did something wrong, that would be good to know. by satellites, i guess he was meeting people like paul manafort. >> kimberly: i

i will ask judge andrew napolitano.resident trump just wrapping up a boisterous rally in hunting on, west virginia in front of a packed house of nearly 9,000 supporters. and he hit hard on a lot of topics. watch. >> we want to reduce taxes and increase wages for all of our people. we want to bring back our plants and our factories and our manufacturing. and that's what's happening right now. and you see it and so does every other state in our union. we are protecting american workers and we are protecting american industry for the first time in many, many decades. kennedy: the president had a lot to talk about. jeff flock was there for every moment. jeff, let's talk about that phone conversation the president had back in january. that call and the transcript were leaked. what did the president have to say about that tonight? reporter: interesting, the leaked phone conversation he told the mexican president, hey, you can't keep saying you are not going to pay for the wall, i'm saying you are going to pay for the wall. to

. >> shannon: let's bring in judge napolitano as we watch marine one to land directly at the white housedge, the attorney general has been very clear where he stands on this issue and he says the investigation is officially underway. >> look, the attorney general needs to investigate and of course he knows this and this is what he has directed the f.b.i. to do. whether or not it was an organized effort. did this awful person who is now in custody in virginia have a plan or a plot with others that began in ohio and ended with the murder of this young woman in the streets of charlottesville? and if so, who are these other people and what was the nature of the plan and the plot? that's the type of motivation that the f.b.i. is looking for that quite frankly the virginia authorities are not concerned with because their jurisdiction ends at the virginia state border. they are just concerned with the crime as it was manifested in charlottesville. so depending upon what the f.b.i. finds will determine where he is tried first. typically the federal government goes first but in a case like this w

judge napolitano: the rallies and violence in charlottesville.or kim jong-un bling first in his nuclear standoff with president trump. and what does it mean for the prospect of war. is the nsa still spying on us despite the court orders to knock it off? all that and more tonight on "kennedy." the purpose of the first amendment is to even courage open, wide, and rebust debate about the purpose of the government and the people who run it.

i will ask judge andrew napolitano.resident trump just wrapping up a boisterous rally in hunting on, west virginia in front of a packed house of nearly 9,000 supporters. and he hit hard on a lot of topics. watch. >> we want to reduce taxes and increase wages for all of our people. we want to bring back our plants and our factories and our manufacturing. and that's what's happening right now. and you see it and so does every other state in our union. we are protecting american workers and we are protecting american industry for the first time in many, many decades. kennedy: the president had a lot to talk about. jeff flock was there for every moment. jeff, let's talk about that phone conversation the president had back in january. that call and the transcript were leaked. what did the president have to say about that tonight? reporter: interesting, the leaked phone conversation he told the mexican president, hey, you can't keep saying you are not going to pay for the wall, i'm saying you are going to pay for the wall. to

stuart: -- judge napolitano: the government can do some things right, closing down. stuart: time is up for this show. it is yours. neil: i wish i could be part of the discussion especially the point when the judge pointed out i don't mind you holding cash because that cash would never go. it would stay. he could try to pry it from you. stuart: lou dobbs is a friend and i have known him 40 years. do you know what he said 40 years ago when stuart: varney, i know are you still have the first dime you ever earned, you cheap so-and-so. that is what he said 40 years ago. charles: you do. judge, saying. market is having fun. barely holding over 22,000. apple big contributor. president mentioned in immigration announcement. neil: he did crow about that. crowed about the market. crowed about another record high. but is he missing venue and opportunity when he goes to sort of add this on in sometimes unusual locales. this is the white house. if my next guest is write. he might want to make it a few yards and consider an oval office address. oval offices addresses carry a great

judge andrew napolitano. melissa francis. ef of staff in the white house and scaramucci is out. are the shakeups over or will john kelly continue to clean house. judge andrew napolitano takes the case. third grade news is back. so what do the kids have to say about the nonsense in washington. grab your lunch box because it's time to feast on freedom. there is a you are in sheriff in town, a four-star marine general who doesn't take any lip. in a post-priebus white house

judge napolitano said that google is in its rights to fire him for violating his policy.eresting, you have talked about this, memo writer is stating -- there is no gender or racial diversity, almost like he hit a nerve. >> google is fighting off changes they discriminate against women, that guy came along, wrote a memo asserting he likes inclusion, he is not against women, he does think that sexism exists and trying to figure out why there are so few women in high power tech jobs, he comes up with answers and solutions, it is offensive he lost his job because he raises questions of the sort that google's wan top management should also be considering, why don't they have more women engineers this is a valid question. liz: 80% of jobs in silicon valley are for white or asian men, 2% are african-american and department of labor fight with google, ironic, google insists it is reducing paid disparities when they resist labor department efforts for that data. >> and talk about sheryl sandberg, she wrote a great book that talks about how women don't get ahead in world as well as

. >> kat: judge napolitano didn't mince words either. >> the type of leaks that have bedeviled donald trump, that have commenced the massey's income including the special prosecutor, began when susan rice and her colleagues. she has admitted to some of this, engaged in unmasking, revealing the true names of people who participated in conversations that were captured by american and british intelligence. >> kat: new chief of staff, sessions going afterward. we will -- will be get it figured out russian mark >> eric: i do. president trump saying i'm losing a little bit of confidence in you. general john kelly chief of staff also is going to plug the leaks. i think there will be leaks going forward but if you look at the information leaked it will be old stuff. i think from here forward, they are going to plug it up. >> eboni: leaks have been a problem. obama tried to have a war on leaks, didn't go so well. jeff sessions is stepping up. there is a legitimate fear in in the trunk white house that if you don't do your job, you're going to get the acts. i think definitely jeff sessions got

fox news senior analyst judge napolitano joining me right now. r this, judge. during the reagan administration, he wanted an end to the cold war, so he gave money -- he gave assistance to groups like solidarity in poland. there were similar groups in czechoslovakia, is that okay for this administration to do? >> and much of what the cia does when it funnels cash to resistance groups is below the radar screen, one does not always apply a moral compass to it. david: but congress wouldn't object to that. >> i don't know if congress would object. but i do know that congress has no say. because the cia works for the president. barack obama used cia to fight wars, and there by avoided the war powers resolution, which requires congressional approval use of the military. so could the president tell mike pompeo get 1,000 agents down there on the ground and give them a lot of cash in their pockets, and let them spread it to the right people? yes. has that been done? if it's been done, they obviously don't want to tell us. david: but what we're looking at is

let's bring in the fox news analyst, judge andrew napolitano. so the allegation is that the president or his team mislead the press and you can say the public about what went on in that meeting or what the purpose of the meeting was about. it's not a crime to mislead the press. >> correct that will pique the curiosity of the independent counsel. if there was not an independent counsel addressing this whole russia thing, this might have gone unnoticed. but it's not going to go unnoticed now. because if i were to wear my prosecutor's cap, why would the president do this knowing what the e-mails said and what the probable true purpose of the meeting was unless the president wanted to keep that true purpose from the public and eventually from the special prosecutor? that's the way that the special prosecutor will think. suggest may have made matters worse by doing it this way rather than what the washington says donald jr. wanted to do, which was the truthful thing to do, just get the e-mails out there. >> jon: at the time there was no special prose

judge andrew napolitano is here.to see you. >> good to see you, shep. >> shepard: my understanding is it went down like this: there's cooperation on one day. >> yes. >> shepard: he speaks to the counsel. he speaks to robert mueller. >> when you say "he", manafort's lawyer is in a relationship with robert mueller. we need this, we need that. >> shepard: cooperating. >> correct. they're speaking together one day and suddenly out of the blue, predawn, the fbi shows up and raids the house and carts off documents and laptops and other materials they're looking for that means the following. in order to do that, they needed a search warrant. in order to do that, a team of fbi agents and prosecutors went to the chambers of a federal judge and persuaded her that they could not get what they were looking for via this cooperation. either the lawyer, an excellent lawyer and former federal prosecutor himself, either manafort's lawyer wouldn't cooperate or manafort's lawyer couldn't control manafort and the fbi was concerned that

judge andrew napolitano will be here monday. maria: welcome to week, the program that analyze the week that was and helps position you for the week ahead. i'm maria bartiromo. house chairman kevin brady my special guest. the dow industrials hitting another milestone grabbing its 9th consecutive record close. it did hit a speed bump wednesday amid rising tensions between the united states and north korea. investors became concerned after an unprecedented exchange of threats been the u.s. and north korea. after news broke tuesday at north korea built a miniaturized nuclear war head, president trump responded. >> north korea must not make any more threats to the united states. they will be met with fire, fury and power the likes of which this world has never seen before. maria: north korea fired back and made the threat to fire four missiles to the u.s. territory of guam. the president fired back and said maybe his statement wasn't strong enough. disney announced it will be pulling his movies from netflix streaming service. technol

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