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tv   The Evening Edit  FOX Business  December 1, 2023 5:00pm-6:00pm EST

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member, the annual enrollment period is here... and it ends on december 7th. so whether you're looking to save money, or find better coverage... let's do this. let's go find your medicare plan. call us today and speak with one of our helpful, hellomedicare licensed insurance agents. hellomedicare. say hello to an easier way to do medicare. larry: spend less, tax less, regulate less, frack more. that's why the red states are beating the blue states and the federal government should do like wise, and he shall's got to follow david asman. here he comes. david: that sounds like the perfect combination. you know how to put the elements together and make an economy hum. larry, thank you very much. have a great weekend. well, israel vowing that hamas will "now take the mother of all thumpings as punishment for
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failing to release all the kidnapped women and children as a week-long truce ends in gaza bombardments resume". more dreadful stories from freed hostages, children branded and drugged, female hostages caged. meanwhile the u.s. house of reps votes to expel republican new york congressman george santos, what about adam schiff and senator menendez and happening after the new york court re-instates trump's gag order in the civil fraud case. is the use of law fare to tie up trump's campaign election interference. david asman in for elizabeth macdonald and the evening edit starts right now. first up, hopes of renewing a truce are dashed after the terror group fails to produce a new list of hostages. secretary of state antony
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blinken seems to signal a change in support for israel, watch. >> we discuss the details of israel's ongoing planning and underscore the united states that the massive loss of civilian life and displacement of the scale we saw in northern gaza not be repeated in the south. david: now critics are asking: is the biden administration setting the stage to abandon israel? joining me is retired lieutenant colonel james carafano. colonel carafano i should mention served our nation for 25 years including service in europe and korea. do you think there's a division growing between the biden administration and israel, colonel? >> i don't think the u.s. can abandoned ziti ceil for a very simple reason, israel is a vital asset for the united states in the region and losing israel would not just be cat pfropfick pfropfstrophic for the
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ability -- catastrophic for the region and signal a major u.s. re-street and all hell would break loose. david: on this mission in particular, there was severe questions and times israel came out with what appeared to be memos from a defense meeting that they had. here's what israeli defense minister -- israeli defense minister said and then blinken's response. the defense minister said the entire israeli society is united behind the goal of dismantling hamas, even if it takes months to which antony blinken answered, i don't think you have the credit for that. what did he mean by credit for that? goodyear, you know, i think it's very difficult to look at things and take them out of context and make a projection of what they mean. we can look at facts on the grounds as we see them and hamas' only reasonable off ramp is they're trading out remaining hostages, and that's a one-time play. once you trade out all your hostages, it's over. only thing that really helps
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hamas is is the allies really going to truly restrain israelis and honestly, i don't think they can do that. is there going to be a northern bright and would heighten the war? i don't think that's going to happen. there's no other path forward other than the trade for the rest of the hostages for the final hostility and i suspect there's a huge debate in both israel and with the americans about how do we get to the final stage because that's where it's got to be headed. david: let me try one more time to get to the bottom of the credit comment by blinken, tom cotton, senator tom cotton said in a posting on x, the idea that after the worst massacre of jews since the holocast israel needs credit to defend itself is outrageous. blinken and biden should be ashamed and american people stand with israel even if biden does not. so you think -- i would guess you think that's more hyperbole
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than what's going on? >> there's limits to how much the united states is pressure the israelis to end thing. they can negotiate or agree but for the americans to dictate is very, very difficult. just like in ukraine, it's very difficult for countries to dictate to ukraine and when and how they stop fighting. you can pressure and everything else but ukraine's interest in our survival is in our interest. israel's survival is in our interest and you can't negotiate with somebody to negotiate away a thing that's vital to you. there's some play there but in the end, there are limits to how much you can pressure the israelis. david: there doesn't seem to be any limits to the depth of which hamas is willing to go. they're continuing to hold hostages and wall street journal had an editorial saying they're not going to give up the hostages so it does appear that they are playing hardball and in fact we are getting more reports today of the deaths of some of those hostages. it does appear they're going to
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hold onto them till they get something for them. >> i do think because, remember, this is the last card they have to play so when they play it, essentially they have to stop fighting and there's no other way to control escalation unless iran opens up a second front or hezbollah opens up a second front. they're going to play the card for all it's worth and we said at the start, hamas took hostages and delivered part of the strategy. we always said that israel was going to try and get the people back and these people to hamas are a play thing. they're in dire straights. david: after the iranian hostage deal that cost the united states or essentially returned $6 billion or freed up $6 billion for the iranians, they saw how valuable the hostages were and they do look at them as just things to be traded for what they want. one more for you, colonel. the new york times got a hamas
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document and israel will intel for more than a year looking into attack like october 7 and has a lot about the israeli intel failure and i'm reporting from the new york times the plan also included details about the location and size of his really military forces and communication hubs and other sensitive information and raising questions about how hamas gathered its intel. i would suggest to you that one of the ways they may have done that is from some -- maybe it's too much of a word to say spy but somebody within the state department that was sympathetic to iran and we know that individuals like that and one of whom has been suspended and might have been sharing intel with iranians and what do you think 124 >> well, i don't have evidence of think of that, but another option is 70% of the revenue in gaza came from people crossing over and working in israel. i don't think it's a stretch of the imagination and they use
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that as an intel collection plan as well. that's another possibility. david: yeah, our envoy to iran has been suspended for suspicion he misused intel and a lot of intel about what israel is doing. he had a lot of friends in iran and put those two together. you can make positions and, colonel, good to see you. thank you for being here. appreciate it. >> thanks for having me. david: turning now to white house secretary careen jean-pierre trying -- karine jean-pierre trying to blame president biden's economic failures on republicans. >> unfortunately congressional republicans are pushing maganomics and fails the mid low class with the following and tax give aways for the wealthy and big corporations blowing off the debt, cutting social security, medicare, medicaid, raising costs for hard working family. the good news is the president won't let them. he will not let this happen. david: isn't it really bidenomics that's failing the middle class?
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with me now is fox news contributor liz peek. liz, great to see you. thanks for being here. so much of what you hear from the white house, particularly this press secretary is exactly the opposite of what they say, isn't this an example of that? >> yeah, david, the spin is incredible. the thing is americans aren't buying it. look at the polling. i think 35% in a regreen poll actually liked bidenomics. it's astonishing to me that the administration continues to go out and convince people that they're feeling better than they way are. it's really kind of nuts. there's a lot of reasons for the disconnect and i mean, i don't know about your family but when we all go to the grow store or when we try and buy a new car or someone in the family thinks about buying a new house, we find that prices are up 10-20% in almost every category and that doesn't even include things like being forced more or less to tip on everything.
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all the sudden now you go to a grocery store and they want a tip on top of whatever they're charging you. i mean, the real lived experience for most americans is that prices are up 10% this year, maybe more on top of 10-20% last year. so, yes, i know that pce shows 3.5% or the cpi is better than that. but what we're all seeing in our daily lives is very different. david: the american dream is out of reach now for most americans. if that's buying a house, you're paying twice as much in monthly costs as you were in the trump administration and under donald trump, a lot of things that biden and his press secretary is saying that they have fixed and actually fixed under donald trump. the spread between richest and poorest began to narrow. average americans were getting an extra $6,000 in annual income. household income reached on
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all-time high. the bottom 50% of u.s. households saw a 40% increase in their net worth and goes on and on. it was the middle class that more than any other class gained from the trump administration policies. >> yeah, and honestly, probably the biggest lie of the biden administration is that when they took charge, the economy was in shambles and they will h to dot american rescue plan, $1.9 trillion spend-a-ton to make the economy recover. it's not true. it's a total lie. the economy was growing at 6% well on it is way to recovery when joe biden became president. that big spending, which has continued to this day, david, is why we have such a kickoff in inflation in the last two or three years, and the problem -- david: forgive me for interrupting, liz, i want to mention in relation to what's happening with the stock market. the stock market has been booming for the past month, and
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yet there are signs within that boom. i don't want to rain on anybody's parade and it's great when my 401(k) is getting richer and look at price of gold and the stock market. the price of gold is now $2,090 or plus that for an ounce. there's a huge jump in gold and that usually means inflation has not been linked as the administration says it is. quickly. >> well, look, the fed chair jay powell today reiterated we're not done with this. 3.5% is the annualized inflation rate now and that's not 2%. look, i'm delighted to think we won't have a recession and i hope that's true. i think it's still very much up in the air, david. david: liz peek, great to see you and have a wonderful weekend. >> thank you. david: still ahead, russel fry, fox news legal editor and climate depot mark moreno and
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brandon judd all with us. and vice president kamala harris leaving for the climate conference in dubai and replacing her boss and critics blast the conference for having the biggest carbon footprint in history and mega donor hall lambert and lee carter on whether last night's debate between florida governor ron desantis and california governor gavin newsom helped desantis in his bid for the white house. trump widens his lead over desantis in a brand new national poll next on "the evening edit". >> gavin newsom and far left communist in sacramento. he did a great job as mayor of san francisco, didn't he? ♪ it's easy to get lost in investment research.
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telling me that florida is better governed, safer, better budget and taxes and all this stuff. he was happy with the quality of life and paused and said, oh, by the way, i'm gavin newsom's father-in-law. david: whoops. i got to say, gavin newsom has a poker face. no expression at all when desantis caught him in that one. florida governor in 2024 and
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presidential candidate ron desantis telling california's gavin newsom that his own father-in-law prefers florida over california. it was a pretty heated debate last night and point bridge capital founder and p ceo and megadonor backing ran desantis hal lambert. how do you think your guy did last night? >> pretty funny and gavin ignore that had and didn't address it and pretended like it wasn't said. he can't defend the fact that literally over 75,000 people moved out of $750,000 moved out of california and millions gone to florida. he can't defend that record and people are voting with their feet said louisiana night, they ran out of u-hauls in california because so many people leave the state. david: he l lied and be clear about what happened and said it bare faced with that perfect poker face and desantis caught it on and we went back to the
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sacramento moment and it'll be quoted the u.s. census borough and arguing with that and showing 50,000 people moved from california to florida between 2021 and 2022 and only 28,000 moved from florida to california so by over 20,000, there were more people going from california to florida. it's dead wrong. >> yeah, he lied about that and he lied about multiple things and talked about education system being great and how, you know, they're last in the country and it's a great reading and it was lie after lie. he does it as you said with a great smile on his face and doesn't blink at all. it's unfortunate because the average person isn't going to be able to look up these and can't fact check everything in a debate like that instan tiana chicago and gets away with it -- instantaneously and that's what desantis said versus what he said and who knows what's true or not.
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we know what's true. more people left california and first time ever lost population as a state. first time ever. david: we've got a beautiful graphic. i want to give us a chance to put that up. we spent time putting it up. saying what you said that people vote with their feet. they vote with their feet and that is a better indicator a lo. when you have a million people leaving california and 700,000 people moving to -- excuse me. a million people left california and 700,000 moved to florida between 2019 and 2022. that shows what's happening and the problem is for you, hal, that desantis does keep giving up votes to trump at least in these polls and we just got a new messenger harris poll saying trump is at 68% and desantis at 9%. i have to ask and i know desantis is your guy and if it turns out to be donald trump who's the gop nominee, would you still go for trump over the
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democrat? >> yeah, i'm going to support our nominee, for sure. you can't -- biden is ruining the country. if it's not biden, if it's gavin newsom, we certainly done want what's happened to california to happen to the rest of the country. we have to support our ultimate nominee. those are national polls. iowa is coming up in mid january as we all know. that's going to be the key state for governor desantis and he's doing everything right there. he's got more endorsements than even ted cruz had when he won the state in 2016. he's got the money, he's got the ground game, he's got the governor. if he can win that state, i think all these polls go out the window and as we move to the next state, which is new hampshire. system of articulation david: you would go for trump 23 he was the nominee eventually next summer. we do now have lee carter with us. we were having trouble with her connections. leigh, sorry we only have about a minute left for you. is there any chance despite his good showing last night that desantis could beat out trump
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for the nomination? >> it seems very unlikely at this point and we've seen anything and everything can and will happen in politics so, yeah, something could happen but i don't really see any sign there could be any chance. we're looking at polls with 60% spreads and not just one but many. so there's a long way to come. desantis did have a great performance last night and i'm not sure it was a knockout performance and he needs to knock out trump. david: even if newsom isn't the nominee in 2024, he wants to become one eventually and he strikes me unlike biden who hasn't pivoted at all to the center just staying on the far left in terms of his policies and he strikes me more as somebody like clinton that could make deals with republicans. do you agree with that? i mean in the beginning of his governorship, he did governor more to the center. do you think he would do that as president if he's ever liked it?
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>> i think it's demonstrating that he's going to have conversations done on the right and you looked and came on fox news and president biden ignored tradition and didn't go on fox when it was the super bowl and prediction not showing up then and gavin newsom and desantis has done interviews on fox and he wen into the spin room after the republican debate and engaging and that's a good sign for him. david: hal and leigh, thank you so much. leigh, sorry we didn't have much time and appreciate you both being here. thank you. an appeals court re-instating the trump gag order in the new york civil tax case and some un leaders want to shut down natural gas production, but it's nat gas allowing persons to cut carbon emissions. some hosts are under fire for wanting to push oil and gas deals and the un is literally trying to destroy the u.s., and we are giving them a free ride.
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what is that insanity all about. climatedepot.com marc morano joining us on the evening edit next right before he flies out to the conference in dubai ♪ ♪ the biggest ideas inspire new ones. 30 years ago, state street created an etf that inspired the world to invest differently. it still does. what can you do with spy? ♪ - when did doing business become more about culture wars and less about well, business? some companies today bring politics into the boardroom, then into our living rooms. that's why i use spotlight reports from 1792 exchange. here, i can search more than 2,000 companies, to see if they care more about divisive social issues than about running a sound business.
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david: well the united nations climate conference is underway in dubai and dubai an oil nation of all things and un delegates are circulating and petition to shut down u.s. natural gas production, but it's thanks to nat gas co2 emissions fell over 30% from 2005 to 2019 and even as the economy grew 28%. with me now is climatedepot.com publisher and author of green fraud mark plan know. marc, great to see you and i understand you're going to see this conference after the interview and appreciate you squeezing us in. you're getting rid of natural gas and thing that's done more than anything else, more than windmills or solar or anything
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else to drop co2 levels. >> this is incredible american success story. if you're concerned about co2 emissions. our conversation from cold and natural gas has met the united states lead the world -- led the world second to none in reducing carbon dioxide emissions and did better than the signatories of the un paris agreement and all the people shaming president trump for pulling out and did a better job reducing the co2 emissions and through the innovation of horizontal fracking and natural gas frabbing and huge american success story and now not only is this un summit targeting natch rat gas and going after american agriculture and that's another story. what they're doing is completely ignoring china as well in this. david: is china putting up now about 200 a year or something 4
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>> one every other week or one a week. it depends on how you look at it. not just coal plants and rare earth mining that requires fossil fuels and every ev battery requires about half a million of materials and chiefly i like to say renewable energy digs the earth, not in a brady bunch 19 70s way and intensive fossil fuel way and we shut down our industries and export all the chinese products. david: just shows you how completely out of touch the united nations and even the eu by the way is now calling natural gas a green energy. even the eu get it is but the un is just totally isolated and what would happen to the u.s. economy if we shut down natural gas? what would happen to us all? >> simple, export more energy and beg venezuela, iran, middle east, we'd be begging every country you can think of for more energy.
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all we do when we shut down energy, david is export these alleged harmful emission to other countries and china and the middle east lower environmental standards and lower human rights standards and iran, venezuela, that's where we'll end up getting our energy from, and it makes absolutely no sense. the whole idea of net zero is just a central planning soviet style and technique to reign in the united states and other western nations to under un essential control and trying to get a crisis here and give up national sovereign. david: you said it, un central control and they want a global economy and global political system they can control and they're not going to get it. meanwhile the department of energy is bragging about the fact that they made a couple million bucks on buying $2.7 million for a strategic reserves and meanwhile they're not mengeing they gave up and sold 300 million barrels and
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about half of our entire reserves in order to get gas prices down before the midterm elections and i wonder where that money that they made from that went, those billions of dollars and probably went to their green energy programs; right? >> yeah, strategic petroleum reserve and not a partisan midterm election and over the course of this they sold many to china and other nations and oil reserve and this was insane to drain our reserve and president trump if you recall filled the reserve and gas was cheapest and had a great deal and filled it up to be reduced to levels since the 1970s. this is the whole problem. they're turning over. when i say they, the biden administration is turning in whole thing over to the un for their control of america and all it means is a weaker america and a decimated middle class, more inflation and less jobs. david: giving control to an
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organization that's more out of touch than john kerri, doesn't sound like a smart move. mark, safe travels and thank you for joining us. appreciate it. >> thank you very much, david. david: meanwhile george santos says "to hell with this place" as he's expelled from congress and fleeing the capitol after becoming the sixth house member in history to be kicked out. house oversight james comer and house judiciary chairman jim jordan demanding hunter biden appear for deposition saying he'll not re-seven points special treatment. that's next on "the evening edit". ♪ the chase ink business premier card is made for people like sam, who make- everyday products, designed smarter. like a smart coffee grinder, that orders fresh beans for you. oh, genius! for more breakthroughs like that-
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release the transcript of hunter biden's deputy assigned to later this month and schedule a public halving after the president's son testifying behind closed doors on december 13th. comer assures this hunter probe is "the most transparent major congressional investigation in history". for more on this, congressman russel fry joins us. he sits on both the house judiciary and the oversight and accountability committee. thank you for being here. is hunter going to agree to a closed door hearing? >> well, i don't know that he has a choice because it's under the house. he has been subpoenaed to appear and there's always kind of back and forth on suitable dates and things like that. at this point, there's a lawfully issued subpoena that is going to come in and testify and we fully expect him to be there. that's my expectation right now. david: what's wrong with a public hearing? just a public hearing that he want s? >> there's nothing wrong with a public hearing but the concern
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that chairman comer and jordan raised and one that i echo is you're not going to dictate the terms that we're operating and we under republican administrations in the house ad democrats alike and transcripts and interviews and depositions part in parcel for the in-person public hearing and that's fine. you don't go to court. and have a trial and then turn around and have depositions after a jury has reached their verdict. you do the depositions first. david: you know, i got to tell you frankly i'm less interested in hearing from hunter biden than i am in the stuff that you guys are digging up in both the oversight and jim jordan's judicial committee. the stuff is just extraordinary. for all of this talk about in evidence, we still have questions by the way. you dug up the two checks and one for $200,000 and $40,000 to joe biden from his brother and sister-in-law and there's one of them. again, in the bottom left of that check, you see loan repayment. have you found any evidence for
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an original loan for which this repayment? >> not a single thing. i think there was an e-mail that we we released with the bank and fraud investigator said the same thing and they said this is a loan and we're seeing nothing. no documents on file that would indicate this is a loan so i don't think it passes the smell test because quite frankly it never was a loan. david: well, then that of course begs the question, joe's got some explaining to do. joe, not, i'm talking alaska the president of the united states issue not his brother or sister-in-law and son. if it wasn't a loan repayment, he's got to explain that to the irs; right? >> i think so. and i think that begs a lot of questions if this was a loan, where were the payments of interest, principle and payments at all? you look at the money that came in from this chinese company, $5 million and the bank flagged this and said the payments are e
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erratic and 58% of the money depleted in an eight month period and payments ranging from 150,000 to 400,000 to this company for legal services but we're not really seeing anything and not seeing any agreements, no assets and there's no business model that we can really see that justifies this, and the bank investigator at the time said we might need to re-exam our relationship with this family. family. david: then tens of millions of dollars from chinese sources going to the university of pennsylvania where he had his institute and biden's institute and charitable remainder trust and nontaxable annuity and sometimes it was used by people to avoid taxes and contribute a lot of money and found a way of siphoning money to themselves or family members and are you guys looking in all the possible s? >> i think s. i don't think the committee with the staff done an excellent job putting this
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together and it's financial stuff that's tough. i think they've done a remarkable job so far. david: they have. your staff are acting like what the fbi and irs should be doing. i mean, that's what we pay them for. we don't pay the staff of congress people to put all this stuff together and to be the investigators and das and the u.s. attorneys, but that's the way it is. congressman russel fry, good to see you. thank you for being here. appreciate it. >> you too. david: george santos expelled for lies and being dishonest but there's already calls to oust democrat congressman like adam schiff, rashida tlaib and others. who will be next? and we have natural border patrol counsels brandon judd on illegals coming in on a beach in malibu, that's 150 miles from the mexican border. but first, let's check in with our friends dagen and sean to see what they have coming up in the next hour on the bottom line. hey, gang. >> hey, david, good to see you.
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as cop 28 kicks off, evs and less reliable fossil future man joining us and democrats are offended by border wall declarations and we'll have eli crane here to discuss. >> kim coleman on large corporations finally saying you done need to go to college and a men to that. plus, mike slater of make slater radio talk show host talking about how did ron desantis do for the con artist from california and we break it all down. sean has a lot to say and don't miss that. it starts in the top of the hour. ♪
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david: george santos expelled from the house of representatives over a scathing ethics report including sam tiana and asians that santos -- allegations that santos lied to get into office and new video showing santos' name plate being taken down already and calls for other representatives like wall well, schiff, omar, tlaib, bowman to be next. chad per pergram on capitol hill
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with more. >> van toes is only the -- santos is only the sixth member and first republican booted from the house and some had reservations about expelling someone that had not been convicted. democrats are highlighting gop opposition to expulsion. >> it's still disappointing how many republicans including mike johnson refuse to do the right thing and this is a horrific vote that in the future and how little horizontal center on the issue he has and i hope the president says we're not allowing a con man, criminal and liar without integrity to serve in the u.s. house of congress. >> house member and steve scalise were against ex-peelings because he was not convicted of anything and stands trial on federal fraud charges in february. some are dismayed athe expulsion. >> great battles of liberty all through the dark ages are about
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people being able to have adjudicate what had they have refused of them. in open courts, he's allowed to be adjudicated in court like every citizen in the country. >> the tension turns to which can win the seat in a special election over the winter. >> i think we can hold on to the seat. so this is the thing, in new york, the nashua county organization is one of the strongest and not only in new york and in the country. they've flipped everything. >> santos said he was at peace with the house's vote. some republicans opposed expelling santos because it cuts into the gop's slim majority. david. david: chad pergram, great to see you and thanks for being here. illegals aren't just entering at the southern border. fox news bill melugin obtained video footage of small boat full of illegal immigrants landing on a beach in malibu of all places,
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malibu, california, that happened on tuesday. and joining us is national border patrol president brandon judd. i'm laughing and i can imagine that the malibu and horror of the malibu residents like what happened in the martha's vineyard and migrants coming onto our beaches and it's 150 miles from mexico to pull off an operation like this? >> these are the cartels and this is something that happens on a regular basis and unfortunately unless you have the video footage of it and you can't prove it happens and our intelligence tells us these cartels are willing to move people anywhere that they think they're going to be able to get away rather than being apprehended and we're seeing that in the particular picture. cases on the northern boarder and we have people crossing the boarder and not for canadian game cams that caught the people entering the country and they got away and this group here, they got away and they weren't apprehended and this is happening on a regular basis and this is cartel driven and all
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about money and all about profit and also destabilizes our own communities and simply comes down to what we'll do and can we do something about it and is this administration going to look at what's best for the american people rather than what it best for them politically. david: shows how powerful and full of money these cartels are from the human snug smuggling and the drug trafficking et cetera and they unit those efforts and they do one to cover up the other. it's a horrible thing that's going on and open border responsible for it all. that leads me to question mayorkas. they had one attempt to impeach him ask that failed and they're trying to do another attempt and pulled that at the last minute last night in fact it was. what's your -- what would you tell congress about whether he should be impeached in >> the simple fact remains there's no an hit to impeach him. appetite to impeach him and people looking saying it's going
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to backfire at republicans at election and when i look at this and i say, okay, what can be done? what needs to be done? what has to happen is the american people need to show up to the polls and the american people need to change things by voting the right people in and if we vote the right people in, we'll have the right secretary and we'll have the right commissioner and we'll have the right policy and we'll be able to go after the cartels and we'll be able to stop everything that's happening on the border, but we have to have the right people elected into office. until that happens, this chaos will continue. david: right, it's not mayorkas, it's his boss. let's face it. brandon judd, great to see you and thank you for the work you do. you put your life on the line every day. we appreciate it very much. appeals court re-instating the gag order in the trump fraud case. is this election interference in that's next on "the evening edit". un ♪ card. earning on my favorite soup. aaaaaah. got it.
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crafted just for traders. all so you can trade brilliantly. ruling that civil lawsuit against former president trump rabbi capital police officers and democrat lawmakers over january 6 can move forward. trump is not a medium because he was president and potentially can be sued for inciting the crowd. legal editor kerry kubiak joins us now. great to see you, thank you for being here. what does this mean besides the fact that they're using l'affaire to tie up former president who is running for
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president agaih some people could call election interference. >> it was a pretty interesting decision and here is why, a president is afforded absolute immunity from civil damages claimed when he or she is operating in their official capacity. what this court said, the d.c. federal appellate court said in the weeks leading up to jan january 6 we do not believe trump was operating under the official capacity because he was doing things related to his reelect, therefore he was operating as an election officeholder, and office seeker in an office older. that is debatable but that's the rationale. here's what's interesting. they rejected the government's argument saying we don't have to consider any of this. you should assume for the sake of this argument that his speech is not protected at all because it amounts to his incitement and
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the court said wait a second, that is not before mass, the former president has not appealed that yet. in the meantime we do not think his appeal to an automatic dismissal of this case are presidential immunity claim. >> it was a twofer, not only do you have today's appeals court ruling but you said yesterday's new york court and the crazy fraud trial that's going on in new york where there's nobody that was abused by what the suppose it fraud, they reinstated a gag order. both of these things will mean that a man who is running for president of the united states, his gag cannot talk it indicates that it was decided today it means he's going to be tied up again, he will not go out on the campaign trail because it have to be dealing with this. this is l'affaire, is it not? it's interfering with the election campaign. >> that's at the aclu suggested of all groups. no friend of president trump's obviously and that's what they suggested in a gag order hearing case related to one of the washington, d.c. cases.
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they said this is an interesting point, they said not only is this a problem constitutionally inhibiting the former president abilities to speak but it also impacts the ability of people to get the information that they need in order to make the right decision for them when they go to vote in november, they said is not just the constitutional issue, we would suggest that this is what they suggested an election interference which is a provocative statement coming from the aclu. >> then you have the ridiculous case itself the one in new york where deutsche bank representative who was one of the aggrieved parties who was the victim of the fraud of president trump, come on the stand and a friendly witness for the defense. he came on the stands and said we were perfectly happy with what happened with dealing with donald trump, we made lots of money, we have no problems with him. who was agrees, why is this called a fraud case when there was no fraud.
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>> that is the key point in that case that new york has never brought such a case involving alleging overinflated of real estate values without a victim and its history. the first time they decided to do this is against the former president and as we know the agn he campaigned on that very promise. >> it is so obvious what is happening here. they are trying to tie the hands of somebody who they never wanted to be the nominee, let alone the president of the united states. thank you so much for coming on on a friday, have a wonderful weekend. joining us next week we have congressman byron donalds, is really special operations veteran aaron cohen and laugh retain where investment ceo nancy tengler. it's going to be a great week. it's time for dagen and sean. ♪

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