lincoln now knows with certainty that emancipation is essential to the preservation of the union. and he's telling congress that the fight to end slavery is a fight that involves everyone, that the best and brightest ideals of america can only be realized if we are one nation, indivisible and free. (dramatic music) (ominous music) - we have no choice here but to move forward, to decisive victory. - vicksburg is a mighty fortress. she shall not be taken. (dramatic music) - you have to do horrible things if you want the war to end. (dramatic music) larry: hello folks welcome to kudlow i'm larry kudlow. in just a few moments, ace

reporter give jenkins in texas will report on new daily record biden illegal migrant flows it is never ending. despite the illegal migrants, hillary vaughn will report on capitol hill that democrats are still preventing a deal to stop the plow in the border, we have news about special counsel jack smith who thinks he run the supreme court. that president biden, ag merrick garland and mr. smith, district judge chutkan and others are fighting against the, team biden thinks that mr. there ytrump does not have immunity and they will throw him in jail for 750 years,o

he could not run for president. he could beat biden from jail. consider this, a poll, from des moines, iowa register with 35 days until caucuses shows that 73% of likely iowa g.o.p. caucus-goers, believe that trump beats biden despite legal issues. back in october it was 65%. and mr. trump has a 32 point lead over governor desantis and a 35 point lead over netflix. -- nikki haley and mr. biden has a few legal issues of his own now, i'm no lawyer, but i don't think that supremes will touch jack smith's request before the presidential election. probably more important, recent "wall street journal" report poll from first time in this poll, shows president trump beating biden by 4 percentage

points, and former president lead jumps to 6. the most important issue in the economy. and drusm h trump has a 17 point lead over biden. who is better able to handle the economy. on inflation, mr. trump has a 21 point lead. 51%, to 30%. and i'll guess that voters, vastly favor trump over biden with over spending, over regulation, over taxe ing, i prefer voters -- key is reciprocity. u.s. should not stand by while foreign governments raise tariffs on u.s. products, on other hand as mr. trump said many times, a mutual reduction of tariffs

would be the best possible trade policy. and i'll bet that most voters would agree with that so long as they know all about it. anyway, that is my riff. now, let's go to capitol hill. border policy talks continue. fox business hillary vaughn standing by with the latest. why can't they make a deal? seems easy to me. reporter: yeah, larry, congress has a lot to do but there is no hard deadline, there is no impending government shut down where they are forced to come to the table to come with you an agreement. while holidays are a are a good deadline to get things done there are no consequences if they don't. they do have a lot on there to dito do list before the holidays, funding for israel, ukraine and a border immigration deal, ukraine president zelenskyy coming to capitol hill this week,

by in invitation from president. who hopes that zelenskyy is sway the skeptical lawmakers to give them more money. president will make gets this done a priority. >> continue to make clear his case for why additional funding for ukraine and israel are vital to our own national security interest at this time, and keep urging negotiations forward, and urging compromise with the goal of getting these all of these national security issues fully funded as we need, they are urgent. reporter: on border, border state governors watching republicans, and encouraging them to not give up leverage or settle in the negotiations. >> republicans right now in congress are negotiating with the biden administration with policies that would provide relief if not eliminate all of the illegal border crossings, they must hold fast. and negotiate with the biden

administration. reporter: abbott said there should be no deal until there is an agreement to not give any asylum if they cross illegally to u.s., and not make anyone eligible for asylum if a cross a safe country to get here first. and working in republican's favor is president's comments last week, he said he is willing to make compromised with republicans to try to get something done on the border, but it is unclear how much the president is will to be compromise. >> all right. thank you hillary vaughn appreciate that update. >> now to eagle pass, texas, fox news corresponde give jenkins is there. -- it has been busy day with unprecedent side numbers here in eagle pass, texas. which has been an epicenter for this boder crises for so long, they are getting hammers, take a look at video we shot on the drone, you can see a group where we

are standing a group of about 500, mostly from central america and a man from angola as well. a thousand miles to my west, over to arizona, another ground zero, day after day the agents getting hammered there the migrants coming from senegal, from egypt from china, in fact we're learning that the ratio of migrants to border patrol agents in that area in is 200 to 1. that situation there is why katie hobbs, democratic governor in arizona made a visit over this weekend to the breach wall to see if and issued harsh criticism for the biden administration. >> arizona can't do this

alone. we show not have, to we're asking federal government to reimburse us for cost for far too long arizona has borne brunt of federal inact on our border, i am tired of it. it is time for action. reporter: now if we can look at what is happening in lukeville, and eagle pass, you have to factor in the information we're getting 5,000 migrants a day are being released by cvp to u.s. troubling number when luke at other figures, 30 individuals since october 1, over 2 months ago, have hit the terrorism watch list, they are kept in custody, but we don't know who is coming across, and factoring in known got aways, i just learned that sources that they are just shy of 70 thousand known got aways since october 1 fiscal year

began, that is a little bit larger than the crowd size of sold out navy and army game this past saturday at foxboro stadium, we don't know who they are or where they are going, or why they are here, back to you, leify. larrlarry. >> i'm taking army, the game is over. bring in steve miller, founder america first legal president and former white house senior policy adviser, steve. i have a couple things for you today, appreciate your time. >> good to see you. larry: getting on this border, quote, unquote, deal, why should anyone waiting for asylum or other so-called entry arguments wait in the u.s., where you will never see them again? what is wrong with going back to remain in a favable

country for example, mexico. okay? to me, that should be a republican senate requirement for anything that goes on what do you think? >> without a doubt, the core demand of the united states senate must be an end to all release of illegal aliens into this country to await some hypothetical future court date. this notion that the entire developing world across latin america and africa ands a as aia ha asias a have a right to demand transport to the destination of their choice is the end of american sovereignty, this is a line that republicans must hold. if you enter this country illegally, you will not be released. for the democrats that are saying what ukraine aid is the thing whole civilization

depends on, thing that all of democracy depends on, you have to ask them, if it's that important to you, you are willing to say, that you will walk walker from the thing that you say all of democracy hinges upon, because it will reduce illegal immigration, that is how much you want illegal immigration, that shows you how 6 democr -- sick the democrat party has become. larry: fine, if democrats obsess about helping ukraine, then they know what the key is to open up for that help, that is to say, no more illegal immigration, no more asylum that word, has been so badly used it seems to me, sounds like, people run away from communist, socialist, sometimes they are, a lot they are not. >> this such a con. i am glad you mentioned, that 15 seconds.

let's say are an illegalilian from senegal and you transport yourself through 1, 2, 3, 4, 7 countries, on the way to the united states, demand asylum. every sing country you passed through, you could have requested asylum. the notion you are being percen persecuted in country you come from but demand asylum in world's richest country is a violation of asylum in law, the law says you apply if nursfirst safe country you enter to, there is no shopping for the richest country with most free healthcare or free education and free housing, no, if you are actually being persecuted, someone saying i will kill you because are that race, you apply in first country that you enter where no one is trying to kill you.

larry: do you think republicans senate republicans, so far, they held the line, do you think they will continue to hold the line? on the asylum issue? on the remain in me mexico issue. steve millery would toss in resuming wall would be good. but also, there was neff any substitute -- never a substitute when title 42 ran out. there was no health substitute. and there is no shortages of health issues. that should prevent people from coming across the border willy-nilly. question is, moving on, to some of the more difficult anti-semitic issues, but steve miller, what will the g.o.p. hold tough in this senate in your judgment? >> first, amen and yes who what you said. and sickly, i could only say -- secondly, i can only say, i hope and pray they will,

do not show weakness or give or any bend. make it clear, if you want this ukraine money, if it is that parch important this is the price of admission end of story. larry: all right, steve, we will have alan dershowitz on later in the show. i know you are very kean on this issue. of the awful spread of anti-semitism, i know your think tank first legal has looked into this, would this be a good time to really start cracking down, after the department of education, let's go after you know, funding and various forms of grants, to these colleges, which are permitting hate speech, and bullying in form of anti-semitism. and probably elsewhere as well. wouldn't this be a good time to investigate that and put it out in open, go after it

right now? >> absolutely, there are two things. number one, is you need to abolish all of these dei departments, diversity equity and inclusion, that is the generator the anti-semitism on college campus, the idea that jews have too much wealth and power and influence it needs to be taken away, get rid of those departments and you sinyou -- say, no federal dollars if you don't, the principle funds hire education is they are doing purpose science -- important science and medical work if they left that mission behind to pursue radical left wing marxism and socialism, why is the federal government funding the elite ivy league schools with their multibillion dollar endow a endowments

if they are not doing the things that there is a public interest in doing why give them money. larry: or why give them a tax exempt position either. >> they should not be able to operate tax free hedge funds if they use to do push cultural and social marxism on this country, that means higher taxes for everyone else. -- generation of young people to demand that you and every other american be taxed at a higher rate. larry: steve miller thank you very much. >> coming up next, why does special counsel jack smith think he can run the supreme court? this is breaking news, a couple hours ago. kind of unbelievable. he was -- i'm not a lawyer, we'll talk about if with a good lawyer gregg jarrett, fox news legal analyst, stay

can kudlow, jack smith may have made a very mad mistake -- bad mistake, we'll be (fisher investments) it's easy to think that all money managers are pretty much the same, but at fisher investments we're clearly different. (other money manager) different how? you sell high commission investment products, right? (fisher investments) nope. fisher avoids them. (other money manager) well, you must earn commissions on trades. (fisher investments) never at fisher investments. (other money manager) ok, then you probably sneak in some hidden and layered fees. (fisher investments) no. we structure our fees so we do better when clients do better. that might be why most of our clients come from other money managers. at fisher investments, we're clearly different.

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transferring your services has never been easier. get connected on the day of your move with the xfinity app. can i sleep over at your new place? can katie sleep over tonight? sure, honey! this generation is so dramatic! move with the xfinity 10g network. larry: well, it seems like special counsel jack smith now wants the supremes to do

his bidding regarding president trump's immunity, why should they. >> we'll go to fox newsing well a legal analyst gregg jarrett but first david spunt. i am not sure i understand that. can you walk it through. >> it is a big deal it could spell what next we're will look like for donald trump when me is campaigning for his old job, special counsel jack smith made an emergency plea to 9 supreme court justices asking them to rule that donald trump is not immune from prosecution, petitioning the court, federal judge in washington, d.c., ruled that donald trump is not immune from

prosecution and does not deserve, a get out of jail free pass because he was president. trump's attorney say he is immune from prosecution in this case, january 6 and thereafter he was president and protected by presidential immunity, they were programmed to ask an a-- expected to ask an appealed court to review the issue, but smith has asked court to get involved, writing this case prevents a fundamental question on heart of our democracy whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected. -- it continues yet trump has asserted that constitution accords him absolute immunity from prosecution, the constitution text structure in history lend no support

to that novel claim, as of now his trial in washington d.c. to begin on march 4, with jury selection, one day before super tuesday, jack smith and his team wants to get this decision from high court soon so the trial can start and finish over november election, no comment from trump's attorneys when i reached out it possible it could be delayed here given the fact that supreme court may hear oral arguments that could push date from march 4 to later, that is what trump's team wants. larry: a question. this issue of immunity and getting supreme court to sign off or sign on. for jack smith, does that include the mar-a-lago classified documents business or is it just january 6 part? reporter: this is just related to january 6 case. he was changed in washington. attempts to try to overturn the results of the election. jack smith brought up the january 6 riot at capitol in

that case, but did not charge him specifically for january 6, mar-a-lago is a separate case, documents that are down in florida, this is just relating to the attempts to overturn the election, alleged attempts. larry: great, david spunt thank you there you're welcome. larry:ly bring in gregg jarrett, fox news legal analyst, author of constitution of united states and other patriotic documents be we heard from jack smith is trying to do, good or bad move? >> well, i agree with you. you are right about your legal analysis. you could have been next clarence derrel, you missed our calling, agree that special counsel jack smith wants to butt in front of the line. and take it to supreme court for an expedited ruling, the

supremes don't like that, the prosecutors want trial to happen in march in middle of primaries, why primaries, why? he fears it would interfere with his plan gain a trial. most americans see it that way, which is judge trump support continues to go up, the justices will likely see if there are what it is, it is rare for them to accept and case without a decision by the dc circuit court. so, i 1 tend to doubt they will take a trek appeal. but -- direct appeal, but there is no precedent for this case. all of the more reason why the supreme court will want to hear what the lower court has to say about a case that is untested. >> for that the reason, you know, i was talking with foreign prosecutor andy

mccarthy, fox contributor, national review editor, who had the same point of view, andrew said that this is a political move. not a legal move. that the motive behind this is pure politics, when you just said, if you really wanted to do this legal basis then step up through the different levels and then let supreme court take over, that is not what mr. smith wants because he wants to get it done immediately. >> why should the supremes we iweigh in to who amounts to election year politicking. reporter: they hate to get involved in politically charged cases that relate directly to an election, they are still regretful about jumping into the 2000 election contest. but you know, trump's

argument here is reasonable. it is sound, he was acting with his sworn duties as president to up hold and enforce all laws, that includes laws that require free and fair elections, without fraud, or faulty vote counting. and if that is how he is acting, he enjoys absolute immunity, that is a credible argument if he believed that election outcome was il ill -- illegitimate, then, he has a valid argument for governmental immunity. if smith claims he took actions outside of the scope of his duties and he is not protected, that is the civil standard, this is a criminal case, it i is and quite unique. >> in the best of circumstances, for a guy like jack smith, whatever it will take a long time.

on appeal. he wants this thing to be over button down, they will open it up march 4 before super tuesday it will be done what by easter? or -- by memorial day, that is not happening that way. whole thing is a put up job, all 'politics in my opinion, this is not a legal opinion that i want to throw trump in jail for 750 years or more, iowa polls suggest that trump will win that is editorial. reporter: a clarence darrel argument well done. larry: just my editorial opinion, no one else has to take charge of that, gregg jarrett great stuff, we appreciate it. >> all right coming up. alan dershowitz, he will tell us why diversity, equity and inclusion, is ruining harvard and a lot of other colleges and why

current president claudeine gay shoclaudeine gay should be fired. >> hillary clinton to rescue, she didn't win in 2016 but democrats think she can help biden in 2024, they believe that, we'll talk about it with two purely objective nonlegal observers, joe concha and mark (adventurous music) ♪ ♪ ♪ be ready for any market with a liquid etf. get in and out with dia.

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sends your glucose numbers to your phone and watch, so you can always see where you're heading without fingersticks. dexcom g7. so easy to use, you can manage your diabetes with confidence. larry: all right we turn back to vexing and difficult issue of the spread of anti-semitism. and how these elite universities and others need to have their darn ears pinned back. the freight althe great alan dershowitz will be here. he writes in daily mail:

larry: he is joining us now, alan dershowitz. author of war against jews, how to end hamas barbarism. dei, among other things. that is bringing down the great universities, and helping to spawn this anti-semitism. >> it is the main cause of anti-semitism on campus, it divides students along -- and religious lines and creates a zur zero sum game. it a real problem. it is anti-intellectual and dishonest, it uses word diversity but it means racial diversity, less than 3% of faculty at harvard identify at conservative, they say, quit equity that suggests equality, buha is the opposite. under equity if you dare to quote martin luther king's

treatment dream of the world. you committed a micro aggression, and inclusion. inclusion has excluded jews over the years, and so, it is a fraudulent concept, a dangerous concept. but 700 of my colleagues at harvard, professors have come out expanderring to -- pandering to president gay, and calling for her to remain on. they don't want people like you and me who are now outsiders to have an influence on harvard but they refuse too answer legitimate points, they dismiss them out of hand, because he is a rich alumni, that is schools are colleges and universities, they are not only the current faculty and students, but they are alumni they are the future students, they are great

institutions. and dei, is destroying the institutions. and president gay is a product of dei, he champions it, that is how she became symbol, he is the symbol of dei, and that symbol has failed shy must recognize that. larry: you mentioned me on the radio this weekend, with the tei in fashi in -- dei in fashion, a lot, i call them sub-heading fantashead faculty departments have strung up like middle eastern studies and that part of the problem and you have a bunch of tenured professors teaching in those sub heading departments that should not have been there. >> that is a bigger problem. departments have tenured professors who cannot be fired, the departments can

be abolished we should abolish black studies, gay studies, south asian studies, jewish studies, you go to university to study to learn how to think. now to be part of a club, not to be a cheering section, these departments many of them for example, critical race theory there is no such thing, if you are critical of race, you are not allowed in, this sun critical race theory -- this is uncritical race theory, and ruining sessions to identity politics groups and destroying education, harvard ranked last, last on free speech. and suddenly, they discovered free speech on october 7 and the other presidents did, discovered it when used against jews. they don't know about free speech, when it was claimed by people who had been accused microaggression it

was a think this of the past. -- thing of the past but now they hang on to spre free speech to justify their failure to do or saying and about people on camp us who call for the date of jews. deat. larry: professor, dershowitz, do you think that head of harvard university will survivor begun too. >> i think she will survive, she has so many people pandering to her, members of the faculty and alumni she put together this incredible effort to try to keep her on. but she will not succeed. i don't think her presidency will be successful. i hope she resigns, i think that would be best thing to happen to harvard, i suspect one of the reasons that a lot of professors have signed on to the letter, they know that she will stay on, and they don't want to be in her bad graces.

>> got it. >> great alan dershowitz thank you so much, sir. love having you on. >> thank you. larry: all right. we'll switch gears and good heavens talk about 2024, why democrats think this is a wonderful story, democrats now think that hillary clinton can help out joe biden. raising money. maybe out there in the cam campaign trail, joining us to talk about this, worrao radio shoaf host mark i simone and joe concha, mark, you are out there u encouraging hillary to help. >> she is like arthritis, you can never get rid of it, it always comes back a little. larry: i -- >> i didn't see that one

coming. >> i didn't either. >> you have gavin newsom circling him bike like a vulture, now this old crow, if you need hillary clinton to help you, you should be in another business, if you need someone to make a great speech, call bill clinton not hillary clinton. larry: i disagree with hillary clinton on pretty much everything, but unlike joe biden and unlike most at least national democrats if not all, she has spoken out against anti-semitism. >> she has. >> so has chuck schumer, i disagree with his politics for the most part, but those who have -- at least spoken out. against anti-semitism. instead of falling in line with some of the nonsense we saw, with the college president and so on. i will give that one little bit. >> that is good of you, that is like speaking out against cancer, yeah i'm against

cancer too, of course. >> the democrats don't do it. >> right. larry: they are worried about it, it is crazy, down understand that. -- i don't understand that, joe biden, to be critical, right after october 7, came out, and say they came out, establishing inside the white house an interagency task force working group, i know about those. on islamophobia. not anti-semitism. not anti-semitism. which really is the big problem today. joe biden has not done that. >> he wants to have both ways to be staunchly israel, and not lose voters on left. as far as drafting hillary clinton, when i i think victory, i think vince lombarlombardi tom wooden and tom brady, and hillary clinton she oozed victory.

into barack obama. she lost. what advice will she give joe biden? down go to wisconsin? that could be one. find another nickname are in trump supporters maybe create another garbage dassier. >> don't erase your e-mails. >> 33 thousand of them. >> right, if anyone can provide a road map to political version of canyon of heroes the election d denear that is hillary clinton. >> to help get the women's vote that probably means michelle obama said no. larry: i have not heard much from michelle obama. >> i think she staying out. >> i am critical of this joe biden thing. joe biden, also has i can't verify, that quote sources say that diplomatic sources say that joe biden and antony blinken have given bibi netanyahu until the end of the year to do whatever

they will do in hamas, i think that is insane. that is absolute -- end of the year to annihilate hamas they will need a few more weeks, i know he has stood up, i know they stood up in urnu.n. but i will not give credit for poaching on what idf does best. >> like giving a timeline, get bin laden before the end of the year, take out al qaeda before the end of the year, this is a long slog in process it will take months. larry: mark system mone simone, 35 days on iowa caucus, don is crushing it. , donald trump is crushing it i can't read for enough. >> desantis campaign has been a dumpster fire. he has to drop out before florida. president trump has 40. led over him in florida, desantis put everything in iowa he will lose, it is

time to get out. larry: that's all she wrote. what -- that arthritis? >> you like, that like arthritis, always comes back you can't get rid of it. larry: mark syste simone and joe concha and hillary clinton. >> coming up art laffer will weigh in on why mr. trump has a 17 point lead over joe biden when it comes to handling the economy, because, art. s that mr. biden has not done anything right. and kudlow is avail a able as a podcast, every weekday after the show on spotify, apple and fox business podcast. whoopie i'm a podcast, i love it. thank you very much. >> see you soon. fresh, warm hot dogs! when i'm not selling hot dogs, i invest in a fund that advances innovations like robotics.

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larry: all right, another major poll says we're witnessing death of bidenomics, joining us art laffer, former reagan economist. and all other of the new book, taxes have consequences. art, the economy's major issue, 52 trump, 35 biden on

inflation worse. 51 trump and 30 biden. even though the inflation rate has come down. so, this another reading from "wall street journal" poll, what do you make? >> well i make bidenomics is not working and trump did network well, when pandemic hit it was in good shape in u.s. economy. you look at biden's policies, the government spending, the whole stimulus package that he did, convinced people to not work to go. that is where you really started the inflation going way up, i don't know how much it is up since biden took office, but huge, government spending leaving to inflation major issues, and taxes with inflation you have the capital gains tac tax in there and all of which are major taxing increases soon we'll have

expiration of president trump tax cuts, some of them, then we have regulations, got rid of all energy production we had biden took those and regulate the against energy, now we have a real energy problem. the first thing that. there ytrump did was make nerv energy more pro growth, and trade policies there has been no improvement in trade policies. taxes, spending, inflation money, regulations and trade under biden are going wrong direct and under trump went in right direction. larry: biggest crowd pleasure that president trump gets, i think that is uniform, is with when he goes drill, baby, drill. it is interesting to me. >> i love it. larry: you know, i think biden had a lot of economic sins which spending you know

is a very bad one. but i think from the stand point of deteriorating economic security at home, and national security abroad, nothing biden has done is quite as bad as the war against fossil fuels. you know what, art, that war against fossil fuels is also raised anonymous inside rate as well. >> a lot. it has it is tangible, something you can see and see the consequences are. that really is emblematic of problem with biden and solution that trump would bring if he became president again, it is clear and precise, everyone understanding if we drill more we get more of our own energy, and energy pricing will -- fall and that will affect inflation. larry: last one. if gasoline prices at home

drop below $3, end of 2020, about $2. what if they drop -- they were as high as 5 nationwide, if they drop below 3 does that help biden. >> it would help anyone, who would feel better about the economy, that is not long-term solution, we have a globe p global slowdown and oil prices are dropping, that is what is bringing price down. it -- we could make it a lot better just by drilling and producing our own oil here and becoming energy independent that is what is needed. >> good point. much better than. i am going to plagiarize that. thank you art laffer. >> thank you, larry. larry: i'll be right back with my last word. (fisher investments) in this market, you'll find fisher investments

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larry: that's it for kudlow, thanks for watching, folks. ♪ ♪. maria: good tuesday morning everyone, thank you so much for joining us thi