>> this is like eating cotton candy and tastes good but there's a wakeup call into the new year. i like bonds relative to equity and there's a chance it takes a recession to break the back of inflation. it's not great for equities but it's a soft landing scenario and equities will do well but so will treasuries. treasuries is the leading market that will drive the direction of equities. liz: okay. jack, it's lovely to have you. thank you on this friday. what a week, everybody. it is a record for the dow. driven by boeing and intel both hitting records. mondayne talking about her outlook on ai and more. we'll see you then. larry: hello, folks, and welcome to kudlow. i'm larry kudlow. all right, fox is exclusively

reporting that there were ten ieds filled with black powder and shrapnel found at the southern border this past week. let me ask this: where is the wall? our own hillary vaughn live on capitol hill with a lot more. we're lucky nobody was injured. what's the intel behind this from your reporting? reporter: larry, this is coming from border patrol, but before i get to the sensorineural tails of that, i want to talk about the border negotiations and happening right now here on capitol hill. the senate did something that they almost never do, which is put off recess and stay here to try and work through some things. they're work at a fever pitch to try and get a deal on a border package, more money and changes in policies to make democrats stomach it and republicans happy with it. dhs secretary alejandro mayorkas is here right now and meeting with key senate negotiators for

the second time today and democratic senators kirstin cinema and chris murphy and james langford and chris murphy saying they're working to get this done by new years but fetch they do, the are not going home for the holidays and speaker mike johnson is not apart of the talks today. senator murphy saying "i'm not trying to shoe gordon chang coat it but it's an aggressive schedule but it's a emergency and i worry about the house of remittives and their level of functionality. this is happening as concerns are growing about the safety of our law enforcement at the southern border. u.s. border patrol warning its agents to be careful after the mexican military seized ten ieds, improvised explosive devices, on the mexico side of the u.s./mexico boarder and federal law enforcement source shared with us officer safety alert sent out from border patrol that went out to agents this week. the alert reads this, agents should exercise extreme caution and should report any possible armed suggests approaching the

border with possible explosive devices. the alert also describing the explosives saying "the mexican military seized ten ieds filled with black powder and shrapnel in an area south of the trace ranch located east of the port of industry". scary stuff and speaks to the position that our border patrol are in every day and don't know what to encounter when they go out there and deal with the migrants and are out and about on the u.s./medical examiner woe border, larry. larry: you think, hillary, this is a wakeup call to some of the slow moving, slow walking, slow talking politicians to get something done before somebody really gets hurt? r reporter: larry, my source said this particular gap that these ieds were found nearby, it was basically a turf war of the cartel, that gap in the border

wall was incomplete border wall that was in the process of being built under former president trump and stopped being built so it's just a gap there of border wall that was never finished and now the cartel is basically in a turf war trying to gain control of it so they can use it to funnel people through their paying customers that they smuggle through every day, larry. larry: terrific stuff, great reporting, hillary vaughn, we appreciate it very, very much. folks a few quick thoughts from maine finding ten ieds at u.s. mexican barder yet another warning about the need to close that border. we don't know how they got there. fortunately they didn't go off. apyres nobody was killed or injured yet, but the fact remains discussions in the u.s. senate to close the border have really gone nowhere. senator james langford told us last night, nothing is on paper and that's the ultimate test. take a listen to what mr. langford said.

>> none of it's true till it's written down and we have a chance to pass it around. larry: very important point he made is elongated quotation and you got the jazz of it. the republican house gist of it and the house passed hr2, which is a restoration of donald trump's successful border closing policies. i'm sure the left wing of the democratic party, which is 100% for open boarders will prevent anything that suggests a return to trump policies. but a return to trump border policies is exactly what should be negotiated and republicans should hang tough on this. we must complete the wall. whether or not mexico likes it, we must restore the remain in mexico policy. i would also suggest the derivative of the tile l 42 policy should be restored because of the numerous health issues surrounding illegal immigration.

it's not just covid anymore and could be 100 different other viruses and lord knows what other illnesses come in. title 42 is a big help in closing the border. just as a matter of health security for the rest of the united states. you've got national security issues, you've got economic security issues and you've got health security issues. all on the border and then spreading deeply into the interior of the country. aided and abedded by these sanctuary cities and sanctuary states, again, from the left wing of the democratic party and they're not going to give any of that up without a huge fight. you've got drug trafficking, you've got sex trafficking, and who knows ied trafficking and who knows about terrorists entering the country left and right. data not only show eight, nine, or ten million illegals in the last three years but illegal immigrants from all over 150 countries around the world.

and these are countries populated by many people that don't like us and that's yet another reason the border has to be closed. border sovereignty is a complicated and multi-faucetted threat. the bidens have overturned the trump policies that were so effective just like the bidens overturned the trump abraham accord policies in the middle east. just like the bidens overturned trump's effective efforts to bankrupt iran and render them almost powerless and just as trump pursued a tough, tough china policy and russia and north korea and virtual zero inflation policy with strong growth and plenty of drill, baby, drill for economic growth and prosperity here at home. the biden failure at the border is just typical of his failures across the board. and the gop and these border negotiations should hold their trumpen positions and remain tough as nails. wait a second, check that. how about hold their positions

as tough as trump. all right, joining me now to tuck more about this and other things, we welcome back to the show wisconsin senator ron johnson. you know, senator johnson, jim langford is trying to do a good job but said nothing is on paper and the left wing of the democratic party will fight any decent closing border sovereignty. you know that and i know that . i want to start with the wall. langford said last night the wall is not under discussion. maybe it will be but hasn't been so far. why not start with the wall, which is one of the most effective ways of closing the border and stopping ieds, much less illegal immigrants? what do you think of that? think the gop would hang tough for the wall? >> well, merry christmas, larry. the fact of the matter is biden's open border policy is a clear and present danger to america, but he wants an open border. the democrats want an open border.

this negotiation is a farce. if president biden was serious about closing the border, he'd come -- and he needs more authority. remember president trump using current law before title 42 pretty well brought the border under control for 12 months and it requires will power and requires a desire to actually close the border, which the democrats don't have. so again, president biden was actually serious about that and needs more authority, he would just come to congress and we would give him that authority. he hasn't done that and speaker johnson's been very clear and if you want to negotiate on the border, we're here. they didn't, they all of a sudden got serious the day we left congress and left washington dc. so they're not serious about this. so we better not be charlie brown to the last lucy on this. we do need to stand fast and demand border security. language won't do it, policy

won't do it and we'll actually implement the pass and one we have a closed border and the open border and more. larry: they don't wish to subscribe and it's not to subscribe and i was there in the trump years and mexico did not like remain in mexico. whereupon president trump said fine. we'll tariffs and he was willing to use tough trade policy. we'll keep your automobiles and your manufacturers out of the united states if you don't give us a remain in mexico po policy. i believe here in 2023, year 2023, mexico is the largest

single trading partner. you have to be tough. you can't implement a policy just at the whim of the other guy and you have to be tough and represent your own. what about the title 42 health issues, senator johnson? i like to hear more about that and not just covid now. there's a million diseases that could come across from illegal immigrants, everybody knows that. doctors know that, public health officials know that and people around the interior of the country know that. why not restore some form of title 42? that's a separate issue but it's a health security issue. >> there's a number of things we could do and would love to codify these and the biden is the president in his heart that wants an open border. democrat party that wants an open border. they caused this. this didn't just happen and not a problem they had to deal with that this wasn't the hand they were dealt. they caused this problem. they are the root cause. that's unfortunately what people aren't really recognizing here.

so with a lawless administration and a president that for example supreme court rules on eviction moratorium and he continues to forgive him. we cannot count on this president otofaithfully execute any law or agreement he science. we need hard benchmarks and make for example ukraine funding contingent on him needing those benchmarks and we have to demand a secure boarder and this administration doesn't want. liz:-not be snookered into a bad dial. final point, sir, the wall. senator langford saying how the money was there and democrats spent the money on climate change and the wall money on some form of climate change and most ridiculous thing i've heard and i didn't know about that. any border security agent, any border cop on that beat will tell you how important the wall

is and could have been and the stuff was appro appropriated ant wasn't spent proper and she then the equipment is lying around, rusting throughout the state of texas and so forth and so on. the wall is not packed down about the wall and it's in hr2 from mike johnson's house and you should be in the senate bill. the left wing of the democrats will hate it but you've got to fight for it. you can't stop fighting for the wall. it's probably worth filibustering just to stop any bill that does not include the wall. 500 miles, i don't know. 800 miles and done a thousand miles and not knowing the numbers and any border cop will tell you how important the wall is, senator. give you the last word. >> the committee and one on the floor of the senate just plead guilty the wall we bought and paid for and costing us more not to build the wall than to

complete it and every democrat except joe mansioned voted against it. not serious about this and let's not be snookered into a deal that will not secure the border. we have to insist on a secure boarder and know how to do it and don't even change the law. will power the democrats wanting an open border. larry: senator ron johnson, good to see you. happy holidays and appreciate you, sir. >> merry christmas. larry: you bet. coming up, go and turn to the economy and the economy is kind of fun and stock market is kind of fun. stocks rising to new record highs on the dow that . kind of looks like the federal reserve is panicking over a recession but there's really no recession in sight, not yet. there might be a whiff of deflation, that might not be a bad thing after three years of harmful inflation. i want to hear what mr. wonderful himself has to say. shark tank investor kevin o'leary, wow, i hope his

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so on the stock market front, interest rates falling, stocks rising and record high this week. in fact the dow is up 1,000 points or so this week. and now the question is is the fed panicking? let's ask the great kevin o'leary, chairman of o'leary ventures, shark tank investor and author of the cold hard truth, business, money and life and interesting turn of events in the last few weeks with bond yields falling quite a lot and stocks rising quite a lot and the fed yesterday or the fed on wednesday kind of sort of threw in the towel on the inflation fight and now the market in its wisdom is suggesting i don't know five, six or even seven reserve policies and strikes me as federally exuberant.

what do you think of this story? >> you nailed it, larry. saying sort of kind of and what the fed really said and through other spokespersons walked it back and said rate cuts are imminent and that's not quite factually correct. the t toe tonality of what occurred this week is maybe we're at the peak cycle in terms of rate hikes and so here we are to at a rate of 5.5% and the market is saying that's it. we're not ever going to get to six and that's one risk the market receives off the table and now you know as bad as it's going to get on terminal rates and the broadcast became when is the first cut and if you listen to powell, you'll probably feel pretty good about q1 until the next day when other members started talking about, well, that's not exactly what he means. we want to keep our options open and i get that. they've got a lot and always get criticized and best thing to do

is criticize the fed. db of interaural t you do t everybody does it and that's all he gets is criticism. what the big market thinks globally is he is actually engineered a soft landing and, larry, that practically never happens. here we are looking at very interesting time in the economy. larry: you know, i mentioned this last night, we had john carney on but if you take a look and forget about the fed, market interest rates came down before the fed had this awakening that inflation fight was over and commodity prices and crp prices and bloomburg and goldman sacks and every major commodity index in the last two months fallen 15 or 20% even while market rates and the 10 year going from over 5% to under 4% and it's like 390. i find that very interesting, kevin.

it's a whiff of deflation and i think the fed should not pan and i can could use a little deflation and they're giving us three years of inflation and families are suffering because of the inflation. energy prices, grocery prices and all kinds of food prices and so forth and so on. mortgage rate prices and world is not going to hell in a handbag. the biden administration continues to spend a lot of money and that'll blow everything up again. >> that's an issue because we have $2 trillion coming through in the chips and science act and inflation reduction act. there's also something to worry about, larry. the best analogy i can give anybody listening to what happen second-degree we're on a roller coaster and on the way up to the top of the roller coaster. you're in it and it's tick tick tick tick tick going up to the top and getting nervous about the big plunge down and we're

right at the top. right there about to start going down. we are just not sure how many minutes or days we have to wait before the roller coaster goes down f. you're an optimist as i have to be as an investor, i took advantage of this and i have long equities and right thing to do. this is another lesson, i know you know this lesson, larry, i spent my whole day telling people you cannot time the market. you need to be long on days like this and weeks like this where you get 10% of the return in 48 hours. we just saw it happen and whether people are right or wrong, that's a debate but you made one tenth of the returns in one hour this week. get over t everybody. that's just the way the market s. larry: you're quite right, the kudlow trust is quite well. they're cheap and inexpensive and i've been doing in about 50 years in my career and i've

learned from my old professor at princeton and you cannot outguess the market and better to buy the broad indexes and you're quite right. there's a dramatic move and all the sudden you blink your eyes, kevin, and the dow jones at a new record high. okay. wow i don't mean to have known that three or five weeks ago and wouldn't have known that five days ago. >> only guy cheaper than you, larry, is me. i hate paying fees so jim jordan just use etfs and i'm the same way. i've got all kinds of etfs and they work. that's the whole idea. this week was remarkable returns. if you're not in the market, you left it behind and can't make them up and very good point. we're not out of the woods yet. we've got lots of issues to worry about, and i like a wall of worry. that helps most people are frankly underinvested right now. by the way, you've made money on bonds too. my corporates went through the roof. i'm a happy camper this friday. larry: sit back, enjoy it and have a merry christmas.

have a happy, holy, merry christmas. seasonings greetings or whatever. it's terrific stuff. wealth is a good thing. kevin oilery reigns leading, wonderful to see you -- kevin o'leary. good to see you again. >> thanks, larry. larry: when is president biden going to wake and you happen stop handcuffing israel's war on hamas? that's a big part of today's tragedy where three israeli hostages were killed. obviously it was a terrible accident but war is hell. anyway, we'll have a report from battleground and then we're going to talk to senator mark markwayne mull and he'll weigh in on this and why are we tampering on this business. trump tampering ahead and beating biden is who better than hillary clinton to save joe biden. hillary clinton? i'm going to blame charlie hurt. he wrote a whole column about how hillary is going to save joe

biden. sure she s. s. molly hemming ws going to save all of us.on e sure she is. that's after this. 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? ♪

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in the larry: sad breaking news israel sadly mistakenly killed three hostaged held by hamas. that's the way war goes. nate foy is on the ground with more of this story. thank you for helping us out. what more can you tell us? reporter: of course, larry, absolute tragedy as israel faces pockets of resistance by hamas fighters in the northern gaza strip. idf announced this tragedy today. take a look at these hostages they were accidently killed because israeli soldiers believed that they were hamas terrorists. this is in the northern gaza

strip in the town and idf said hostages were running and believed they were trying to escape. today hamas launched rockets at the capitol of jerusalem since the first of october. take a listen to this. >> i have and will continue to stay president biden is the united states commitment to preserving space for peace, for a two-state solution where israel's security is guaranteed. reporter: you heard national security adviser jake sullivan there explaining the united states position here. that was after he met with the presidents of israel and palestinian authority, and also israeli prime minister benjamin netanyahu, larry, disagrees very strongly with that vision of gaza in the future. he wants it demilitarized and says israel will not repeat the mistake of the oslo accords of the 1990s and the west bank of gaza being governed by the

palestinian authorities and there's a lot of question of what's being said about israel behind closed doors and what john kirby said on the martha maccallum show moments ago. >> we are dictating terms to the israelis. they'll fight the fight the way they feel they need touchdown pass protect their people and their country. we're not legislating terms to them on how they do that. however, we've talked to them about their plans and their plans to do a transition, a phase transition to lower intensity operations. they should speak to that. reporter: larry, one of the reasons that the united states is facing increasing international pressure is the humanitarian crisis unfolding in guy soft and average. israel opened the crossing so now there's two crossings where humanitarian aid can get into gaza. it's not going to solve the crisis but is will certainly help. back to you. larry: nate foy, appreciate the reporting and fast turn around with the martha maccallum reporting. be safe.

joining us is oklahoma senator markwayne mullen. he's followed this very, very closely. senator mullen. welcome back. you've listened to our own reporting from our excellent nate foy and the beginning of kirby's photograph said, well -- paragraph said it's israel's war and we're not interfering and by the end of the very same paragraph, he says, yeah, we're having conversation withs them about operations of the war. really? which is it? handcuffing them or letting idf do what the idf does best? other thing i want to say about senator -- is hypocrisy in the white house. blinken is now telling -- this is a quote from today's wall street journal editorial, you may have seen it. secretary state blinken says the israeli campaign we saw in northern gaza must not be repeated in the south. and then biden accused netanyahu of indiscriminate bombing. some experts on the ground in

israel are saying because israel pulled back schizoreal is protecting palestinians, they're doing so at their own risk. and that they are losing soldiers because of that. >> well, larry, war's ugly, we all know that. you know that. people die and it's awful, and you can't get it out of your head if you've issue seen it. but the truth is that they're fight ago war. and the last thing we need to do is interject politics in it. what the biden administration is good about is injecting politics into it. that's why we had a disastrous withdraw out of afghanistan when he was in the white house as vice president and hillary clinton was secretary of state and that's why we had the benghazi incident and we can't allow politics to play in it. they are trying to secure their country and hamas attacked them and they had to do their job. and now remember, people that lived in gaza, they live there had because they chose to live there. they weren't forced to be this.

they ped to live underneath palestinian rule, they could have went to the west bank and they chose to live underneath hamas' rule and knew what was happening underneath their feet when they were building their tunnels and building underneath hospitals and working underneath schools and going to go attack israel and they were going through the streets and knew what was happening and when they were bringing hostages back in. i've seen the video and there was civilians beating the hostages and civilians beating the dead bodies they were dragging back into gather .s i'm sorry, they're not all innocent. it makes me sick when you see somebody like secretary blinken who cannot be trusted and should not be the secretary of state interjecting himself into a war that they are trying to protect their boarders from. they live in a rough country or in a rough area and they have to do what they do best and that's what they're doing in gaza. larry: we know full well, we know full well the oslo accord

that led to a two-state solution and led to hamas takeover of palestine. wee know that. palestine. and israel suffered mightily as a result of that. this time around for sure but even in prior wars or mini wars they've had, we know that. we also know that the p la is sympathetic to hamas, and we also know that hamas terrorists, you know this, senator, hamas terrorists dress up as civilians. so they can be counted as civilians. we know all this stuff and know that the white house thinks it can handcuff israel. my whole business, my prayer around christmas is the israelis do what they need to do to get this done as fast as they can get it done. >> they need to. the hamas terrorist organization backed by iran knows in 2014 the american people in the public and the media turned on them and that's why they didn't finish the jobs back then. 50 days they had to pull out

because the pressure was too high. bb and the rest of the israelis and idf know that this force that that's going to happen and not going to allow that to happen. idf is defending israel and they're going to finish their job and we'll stand with them. i can promise you the republicans and the house and in the senate will stand shoulder to shoulder even if this administration and white house chooses not to. we'll stand shoulder to shoulder with israel. larry: all right, senator, markwayne mullen, thank you, sorry. happy holidays, merry christmas and god bless. >> merry christmas. larry: folks, let's change gears for a little bit. i'm joined by molly hemingway, editor and chief in federalist and fox news contributor and we may see charlie hurt or we may not. i'm perfect happy to talk to molly for the next 20 minutes. it's not a problem at all. molly, i want to get off the war issue for just a moment.

i want to talk about something elon musk said today or yesterday or he tweeted, he tweeted on twitter, now x, where he said dei must die, but he blamed corporations for dei. okay, that's fine. lot of them are woke and so forth. but i'm putting the blame on universities and colleges and harvard hates america. synergy home is it that we -- they are completely tax free and they don't pay taxes for the hedge funds they're running, aka endowments and the donors that donate to the endowment and a tax write off and if i want to get rid of dei and i want to get rid of anti-semitism and i want to try to make harvard measure up, penn, mit and all these schools, i can't promise you anything and i can make it more expensive for them to do stupid things, molly. what do you think? >> it's true that the right needs to learn how to engage in politics and use power in the

same way that the left has. the left has done a great job of taking over every institution, hollowing it out and wearing like a skin suit and destroying it. the academy was good at training and educating people. it's very bad and then has become this -- education and grow to hate their family and country and they have these very dangerous ideas like dei and i love that you shared elon musk tweet there and point of dei was to end discrimination and it was built into the founding and discrimination and being identity-based, and i'm really glad we're seeing what damage is caused by dei now. they should have known from the beginning and shouldn't have taken the anti-semitism to flower at every campus nationwide to see it. yes, people absolutely need to start demanding more of universities and start making it hurt for the damage that they're causing to the country.

you can't stand passively by in the country and allow nothing to be done. larry: we talked last night briefly and economic is not your forte but, but, but, you know a thing or two. right now these fancy schools that are signature on all this money, they basically don't pay any taxes, molly. i mean, there's a 1.4% tax rate on their entire endowment income. some are like $40, $50 million. harvard, penn, mit together is just short of $100 billion. you and i pay dividend tax, you and i pay capital gains tacks if we sell, they don't. they don't. in fact bob lightheiser, trump's trade rep and a dear friend of mine, he texted me last night and said he agrees, they should start paying taxes. senator jd vance wants to go up to 35% but don't let the donors, don't let the donors give grants

or make contributions and deduct all of this. they're enabling the schools to continue their crazy and of course the second coverup that claudine gay was copying other people's homework. this story gets worse and worse and i just want them to pay for it. they want to do crazy stupid things, fine. i want them to at least pay for it and maybe we can use the money elsewhere for good purpose. >> yeah and due to the r rampant increase in federal population and a lot of uros are taking in so much federal money and working as pass through that way. not the college that i'm associated with, hillsdale college, which does not take any federal funding, but so many others do, and it has caused a major problem nationwide with

out of control tuition and they're sitting on massive endowments that are so protected. larry: molly, slightly different subject, wall street journal acknowledging that donald trump is beating biden nationally, regionally and every which way. but the journal editorial page talking about how nikki haley beats biden by a much larger percentage than trump beats biden even though trump never beat biden before in the polls. what do you make of that? is that a legitimate? would nikki haley run 17 points ahead of joe bide someone jot biggest reason why she wouldn't is that she would not win the republican nomination. her viewings are very much in line with inter-public establishment republican thinking and return to bush era foreign policy or some of that

weakness on the big social issues and she's not going to winter storm republican nomination and not running. it's also true that i think she benbenefits from a low name id. bothrium and biden have a lot of people that don't want them running along with supporters. when you put a name out like nikki haley, a lot of people don't know who she is. she polls better than in a real situation where you'd have corporate media going to war against her. larry: i got it. molly hemingway with the federalist, lovely to talk to you. we'll talk to charlie hurt another time. happy seasonings greatings, molly. greetings. great stuff. >> you too. larry: up next, donald trump was tried and acquitted concerning january 6. that already happened already. why rewe going back and doing -- why are we going back and doing double jeopardy? we'll ask legal experts pam bondi and will sharp when kudlow

returns. remember, may not believe this but kudlow is available as a podcast. available every weekday right after our show on spotify and app and will fox business podcast.com. we'll be right back.

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larry: big issues that may be postponing the trump cases in washington dc anyway from the local court, but jack smith going to the supreme court and presidential immunity and maybe executive privilege and maybe something called double jeopardy and some disagree. most of all, the important thing is we have pam bondi, former florida attorney general and cochair of the afpi law and justice center, that being america first policy institute and will sharp, former federal prosecutor and missouri attorney general candidate. pam bondi, i don't know, new york son wrote about double jeopardy. i guess you don't like the terminology, but the issue is: does the president have immunity? he was still in office when these laws, you know, he's being sued or tried for a period of time when he was still the president. so that's presidential immunity.

will you give me that? and does that lead to executive privilege? will you give me that? i have to be very careful here as a nonlawyer. >> yes, larry. so what jack smith has done is, you know, we all know his only goal is to get president trump tried by super tuesday. he wants him -- this is a criminal trial, not civil. he wants him to be forced to be sitting in the courtroom during super tuesday, which to me is the ultimate election interference, during a presidential election. but here's what's going to happen. the supreme court has only agreed to expedited briefing, not an expedited hearing. meaning that once its briefed, they'll want to hear from the dc circuit and it'll also have to have multiple extensive briefings by the defense, by the prosecution to get to the supreme court. i think jack smith has shot himself in the foot here and he said it's so important for the u.s. supreme court to hear this. saying they're going to hear the case.

i don't think it's going to be very shocking if they hold to jack smith's potential expedited time line and therefore president trump may get his trial pushed out and he should. jack smith said it's so important for the supreme court to hear this. i think president trump also has a very strong first amendment argument. larry: pick up the first amendment, will sharp. i mean, he was president, he has opinions and i've always felt that. they're going after him and i mean, joe biden is his justice department and all these other people want to throw them in jail for 750 years, i get that. they're not going to be able to do that. anyway trump will probably win and that's a different segment. what i want to know is what immunity does the president have and are they going up against a brick wall here?

>> by the way, larry, a president is absolutely immune from suit for any actions that fell within even the outer perimeter of his responsibility as president. our view is that criminal immunity applies equally that any actions that president trump took while he was president that fell even within the outer perimeter of his presidential responsibilities and duties cannot result in criminal prosecution in the history of the united states, no former president has been indicted for his acts in office and that precedent is a very, very song one and the acts that they've accused president trump here of committing are core to his presidential powers and things like considering replacing the lip at the department of justice, attempting to ensure the 2020 election was not subject to fraud and had not been essentially fraudulent election. those are core to the

president's take care obstrobligations under the constitution and the court will vindicate him on that. larry: you're saying what the court and appeals court will or might or the supreme court will or might. real fast. >> absolutely. in the meantime all proceedings before the district court are staged. not just the trial but everything. larry: pompeo bondi, do you agree this will have to go to the supremes? >> that's why jack smith, yes, that's why jack smith shot himself in the foot because it's going to be staged and everything will continue to be staged and he won't have president trump sitting in the courtroom on super tuesday and it's the goal and wants everything expedited by super tuesday. larry: pam bondi and will sharp. thank you very, very much. merry christmas to both of you. i'm kudlow and back to the last word if i can find one.ne

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larry: on these border negotiations, the republican party has to be trump tough. no massing around. trump tough. wall, remain in mexico. replace title 42, national security, economic security, trump tough. that's how important this is. and then we can all be elizabeth macdonald tough. how about that? liz: thank you so much, larry.