larry: hello folks welcome to kudlow i'm larry kudlow,

the democratic colorado supreme court has disqualified former president trump from the 2024 ballot. over something called insurrection. form are president plans to appeal the case as republicans are rallies behind him. let's turn to our own hillary vaughn. on capitol hill. for all of the gory details. reporter: hello, larry. well this decision from california supreme court is help -- colorado supreme court is helping trump with his 2024 g.o.p. rivals on the campaign trail taking a break from attacking him to now defending him. >> look if someone is convicted or something of, there was no trial on any of, they said, you can't be on the ballot? how does that work. >> they will not run a fry and fair election in colorado i'll remove myself too and call on every other republican to do the same thing, we cannot stand for this assault on our

republic. reporter: colorado republican party responded to vivek ramaswamy pledge saying that party will switch to caucus. caulk if the rules is allowed to stay, expert worn that colorado court is setting a dangerous precedent. >> no one is worth shredding the constitution, this is dangerous. the path that was laid out by these 4 justices is a path we have not go down, i don't have much question they will overturn this decisions. but they should do it unanimously in one voice. reporter: some republicans on capitol hill say this move by colorado court is democrats last resort, they are seeing some polls that show president biden cannot beat trump. >> effort to stop donald trump at the ballot box,

they don't think they can beat him there but use legal process as a political weapon to take rights away from american voters. reporter: now, it seems that supreme court will weigh in on whether or not this court decision will stand they don't have much time. the deadline to get it worked out is january 5, that is when state needs list of g.o.p. candidates that will be on the political -- ballot for primary on march 5. larry: hillary vaughn thank you we appreciate those good details. >> now, for my grief take, democrats just can't stop trying to stop donald trump from running for president. they are obsessed with stopping him. in their dna. they refuse medication for their trump derange am, they do not want a actual november election, they will sub vert any constitutional or institutional process to keep trump from running and the more they try, the

dumber they look. and the dumb areer they look the voter sympathy builds for mr. trump, i don't think any of us have seen any like this, ever. most recent the colorado supreme court made up of 7 democrats, ruled that mr. trump be disqualified under 14 amendment, that was drafted after the civil war, to apply to those who fought for the co the confederacy, known as so-called insur insurrectionist change. for president trump has never been convicted, wait, mr. trump has never been charged with any crime related to insurrection. even special counsel jack smith, who works for attorney general merrick garland, who works for president biden, even they have not charged trump with incitement or insurrection. so let's go back in time,

and take a quick listen to what mr. trump actually said in his speech on january 6. >> i know that everyone here will soon be marching to the capitol building. to peacefully and patriotically make your voices heard. >> all right, peacefully and patriot economically is not insurrection. that is called free speech. and on this topic, even if mr. trump believed high won he won presidential election that is still called free speech that is the first amendment. that is not only not an insurrection, it is not a crime, now, mr. trump may be right, or he may be wrong. but in our free country, he is allowed to say so. and he is permitted to run again. here is the great alan dershowitz. >> in 60 years i have been

practicing and teaching law, i have never seen a decision that is so anti-democratic and so k unc unconstitutional and jonathan turley. this could set us on a court that would be destabilizing for our system. now, these crazy 14th amendment insurrectionist charges to keep trump off state ballots, they have been tried in nearly 3 dozen states. as of this writing, but for liberal ankle biters in colorado, wiser heads have prevailed and a bunch of dumb changes have been thrown out. by the way, if the insurrection disqualification was upheld, then as hillary vaughn said, colorado republicans will change move to a caulks caucus system, joe

biden, chimed in today, to say, trump supported insurrection. so, joe, why didn't your ag bust trump for that? or special counsel? here is a thought, because there is no case, no insurrection. democrat disregard for the law has spread over many other issues, you know, the law says for example protect america's sovereignty, but democrats favor open borders with over 10,000 illegals streaming in to the country of day. the supreme court says, joe biden has no executive authority to cancel student loans, he is doing it anyway. and supreme court also ruled that the epa did not have the legal authority to regulate greenhouse gas emissions, but the bidens are doing that anyway. and, of course, pay for play influence peddling and

international bribery, they are forbidden under the law but ifdz is mounting that biden family ignored those laws took. more generally far left liberals have always disregard the law, they are the government command and control advocates and so-called deep state, and their left wing masters will break any law to achieve their socialist economics and their woke culture. including even breaking our democracy in to a thousand pieces. that is my riff. all right we need experts, some legal experts, we'll talk more about this with great senator eric schmitt who is terrific senator but a former missouri attorney general. mr. eric schmitt welcome back happy holidays and unhunoccasion, what do you make of this, it is

standing does it have merit? this is a civil war amendment for confederacy. >> well, it is a lot. i could not believe it seeing this yesterday. reading through this, this and i think one of the most dangerous rulings from any court in the history of our country,ed idea that somehow would due process protection, that go with you know, having evidence come in without a trial, to summary decision hire. that they will take off the leading presidential candidate of one political party is insane, it is outside of the bounds of any authority they have. i am confident that the supreme court will check this. but, it does go to show larry the lengths to which the left here who claims too

you know, want to protect democracy is willing it destroys it they lost their minds with donald trump, on that legal side, on political side, you tho -- now have modern democrat party, captured by left, has censerred americans, they are trying to put their chief political rival in jail for the rest of his life, and they are now trying to kick him off ballot, to take a step back understand how insidious this is. this whole january 6 committee, this sham committee, they had a hollywood producer working with the democrats to do this, this court relies to some of those factual determinations that joke came up with, jet yet is jack smith is spawn of that committee, it has been

a plan, they knew trump was growing to run. trump derangement syndrome is world, they are blind to the fact they are willing to destroy this republic over it. i endorsed president trump a year ago, i think this is no longer a race between two candidates. this is going to be a statement about what -- this is about reviving and saving our country. this is about people, i don't know how they voted in 2020, but they will look at this and say, this is not america. like if this happened in another country this does in banana reporting our state department would be warning people about it potential sanctions on line if they tried to take out a chief political opponent, this is totally like an alternate universe we're living in, but it's real, it is incumbent on us this speak out about this, it is

dangerous. larry: you know the way you say that, is interesting. this is really -- i had a little bit of this in my opening riff, this is a battle between the left wing forces of command and control socialism versus conservative forces of representative and institutional democracy, that is what you got here. and the lawbreakers are the democrats, they are trying to throw trump in jail for 700 years, i can i come back to that, i didn't realize this, i'm not a lawyer, you are smarter than i, i never had a pr p trial in colorado, they just made a ruling they showed up one morning with coffee and doughnuts, there was no trial? no hearing is that right. >> basically, they are importing withouti evidentiary safeguards, they are relying on some january

6 committee, they knew what they were doing, left is mobilized here, they captured different institutions, i never as a lawyer, i never thought we would be in a place where you would have highest court in one of our states, you know kickoff someone for something they never even been charged with, let alone convicted this is serious business, this is -- millions of americans prochoosing the president of the -- from choosing the president of united states, courts have been very we're year to get involve -- weary to get involved in politics. court are to interpret the law not interject themselves in presidential politics, they is what they have done, it is up to supreme court to right this terrible wrong. larry: to we have sound. let he read you. this is -- they are all

democrats. but three desented and the chief, he dissented. quote, in absence of ai an insurrection retailed conviction, i would hole a request to disqualify a candidate under second 3 of 14 amendment, is not a proper cause of action under colorado election code. that is pretty good, and may have a split decision all 7. so that shows you. >> i think by the way also worth noting, that is a split decision this this court, but even majority they stayed it themselves, pending what the supreme court will do, i think even they understand how you know, i don't know -- i am running out of adjectives

how bizarre this is, i don't think anyone ever thought it would happen, they found a court that was willing to go along with this, the democrats have -- if you know, they filed this a number of states. again they have a prosecutor jack smith, with a terrible reputation of being overzealous, and trying to put -- >> he didn't charge trump. he never did. >> right. >> he never did. >> right. >> >> he had every opportunity, does that not tell you something. the -- the m merrick garland justice department, they are complicit, they go to jack smith, you are right, a checkered career that is not the charge. he is going after trump on fraud charges. like -- i don't know. >> yes. larry: he didn't say insurrection, we played that speech. senator, trump never mentioned anything about insurrection. it was -- he said be

peaceful. >> what? >> that is free speech. >> they didn't go there. i think in 100 years when you and i are long gone, people will look back at this time frame, and they will be squa scratching their heads if we can hold on to the republican. as franklin said, what do you have a republic if you can keep it, the founders knew how fragile this is this law censorship regime from biden administration, they don't care about the constitution, it is all in play, i think that 20er 24 cycle be important it is not just about two candidates but about the country any whether or not we'll see more of this, because if they can do it to donald trump, we're fooling ourselves if we don't think there will be someone else down the line. >> yes, sir, senator e

eric schmitt of missouri thank you so much. we wish you merry christmas and happy holidays. >> i think of world of you larry, thank you. larry: coming up on kudlow. a lot of polls show threats to democracy are moving voters of all stripes toward trump. is this latest trump legal attack only helping him? this comes right before the iowa caucus, and the new hampshire primary, and we have great kellyanne conway, she will talk about this and other things when kudlow returns, we're in a battle for our democracy, make no bones about it. ink 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. des.

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>> never forget our enemies want to take away my freedom, ill never let them take away your freedom. it very simple. they want to silence my because i will never let them silent you, in the end, they're not after me, they are after you. larry: pretty good. i think the way he frames that is good, polls show that threats to democracy are now moving voters of all

striping toward trump, republicans are now keaner on democracy issue. the question is whether legal attack on trump will affect iowa nobody knows that better than kellyanne conway. you are seeing in polls emerson polls and others this democracy issue, which was kind of the domain of the democrats is now becoming a big republican issue. because of the darks on trump. -- attacks on trump. >> right the poll numbers came out piv last night supreme court decision in colorado, i think it will increase the number of republicans and independents who cannot stand when the separation of powers is violated and people play politics with governance. you know threating to democracy was seen as a proxy for january 6. trump, trump. but you know two things that

fueled his candidacy, i think this time, in his second try -- third try at presidency is when he visit the east p palestine, ohio. and the indictments, we know and i told trump a long time ago, if in your life you are given a choice between being indicted or not being indicted, you choose door number two for him it has helped not just with his base, that is another misconception, it is that trump somehow has his base all locked up and that is it, if that were only thing he had locked up he would not be beating joe biden by 6 points in georgia and every single swing state. that is base plus it is

biden whose base we should be discussing, he can't scaffold together the tenuous collection of groups that came out for him in 2020, he is losing his grip on them, i think this equals peoplepying frustrated and angry about what colorado supreme court. larry: and moving, like moving day toward trump. i like that clip. the way he handled that clip. not his grievance it is our grievance. he is leading a movement. we have seen this before from him. he loses ground. but now he is representing a whole move. , i think you are right, people pick up a newspaper say what, you can't kick him off the ballot that not democracy, this is a few weeks before iowa. >> yes. he is ahead there. the iowa poll that came out,y des moines register

showed him with largest lead in history of the poll over other republican primary opponents, they are still there ron desantis was there yesterday and nikki haley there they are hoping or wondering to be a place holder if he is somehow convicted of something or passes ut on the golf course, other than that there not a big rush for there are c can d can dad -- candidacy, people say we need to find someone other that trump, i know how to handle that, we have trem creas democracy, but this this cycle all other candidates had their shot to make the case to the people in primaries, that also means independent, they fail to make the case enough of the time. they can supplant trump as frontrunner, i think he has been able to get in there because people are hiring him to do a job he has already done.

they know what they are getting, and he has done a fairly good job of pivoting to a general election strategy, in lest 36 national polls that were conductinged and released since october 27, trump is leading biden 27 to 36, 6 of them they are tied biden never outside of margin of error against trump, worse n news fo -- worse news for biden with the swing states. larry: the economy, failure of bidenomics, the opening of border and collapse of urban cities and the lawlessness, and truths and the kidnaps, i get that. huge issues. but i think as we watch biden fumble with israel, iran, does not say anything about the irans and does not fight the houthis, fumbling in ukraine.

fumbling on border and grocery and gasoline, i think people want a tough guy. my view, tough. i call it trump-tough, i think people just okay, i'm tuning out some thing he's says on occasion, but i want a tough guy representing this country. i have not seen a poll on that, just my own instinct. but i hear it from people, christmas season, i hear from a lot time who are not trumpers, they might be next breath say something they don't like, but the fact that i think biden is so weak, kellyanne, they want a tough guy weaker one.. >> one sit of weak is strong, tough means you don't back down, you are resolute, and focused. and you know in trump's first term, that allowed him to get the nato partner to pay up more, and trade deals

with china. and korea and japan with mexico. and canada. you were involved in, that to get the tax cuts and so on, and i think that strstrength also means we project is around the globe, it is strength at home, people don't have to worry, about what you know, if someone will follow through, the other thing today, joe biden made a mistake by going to to press today saying there is zero question that donald trump is an insurrectionist. they should have him as a witness, donald trump has not been charged or convicted. anything to do with insurrection. and last 5 words by the way 14 amendment, says something about or trying to harm the country, so vague that you

could argue it is when biden gives billions to iran. it is when he -- coming over the bored near billions to our enemies and flouts the law on border by not protecting american sovereignty. >> any of it. larry: i just think that theme of trump tough,. >> trump tough and strong seeker not tough for toughness sake to argue with people, he is tough because we tneed, we need to be the global leader, we look weak. larry: kellyanne, you are filling in for sean hannity tonight 9 p.m., i heard you have a person fox business guest, who will join you. >> his name is. larry: on set. >> the goat, larry kudlow will join me. larry: we'll talk about that more. >> see you at 9. >> we have a live report on even this -- more plagiarism

accusations again harvard president claudine gay. republicans need to be trump tough on the border, and guess what, arizona senate sense candidate kari lake agrees, that is maybe why she is up in polls. >> and why is joe biden letting the houthis h humiliate us? we ask john ratcliffe, all this when kudlow returns, trump tough, kudlow tough, trump tough, kudlow tough, conway tough, she knows the ropes. and calms the nerve down. and my patients say you know doc, it really works. hi, i'm jason. i've lost 228 pounds on golo. ♪ i don't ever want to go back to wearing a 4xl shirt or not being able to climb up stairs without taking a break.

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larry: plagiarism. harvard president claudine gay faces over 40 more blaplagiarism accusation. mollie is in massachusetts. thank you this is a tough story.

reporter: good afternoon, the additional allegation of the plagiarism bi of harvard university president claudine gay. from another university who according to washington free, requested unanimity for feel of retaliation. she survived for calls of her resignation after she sphfailed to state that calls for genocide against school rules. also acknowledged, a few instances of inadequate citation in her work, "boston globe" is seeking clarity. did claudine gay plaigirrize or not, harvard should be clear, the board spoke to

university of tuck ticks so kentucky t professor who was plagiarized was asked. we reached to harvard for comment, we have not yet heard back. >> wow. mollie thank you so much. we'll see you again if this story continues. turn to biden's crisis at border. and possible senator running some terrific polls kari lake, republican from arizona. welcome back. i want to read this, a poll you have 41% -- this is general election, kari lake 21. you are rocking out there, what is the big issue for you. >> the border, and the

economy. and you know basically getting back to policies that make sense, and help arizona families, so they feel secure, so what they are making goes further. people are concerned about the future. they look back where they were 4 years ago, our border was security, we had a great energy policy, our economy was growing, now it is just the opposite. you mentioned plagiarism, i wish that joe biden would blplaigirrize some of president trump's policies we would be in a better place, the footage this is -- we can't sustain this number of illegal folks coming in across our border, this is an invasion, we have largest number of people coming in one day nearly 15 thousand across southern border, they are preparing for it to get worse, i talked with a mayor on border saying no signs of slowing it gets worse every

day. instead of filling 9 of huge tour buses every day, they are now filling 12 in nogales. larry: i want to add-on this point. we talked about this last night, mark levin has been talking about this. this open border policy is illegal. it break -- breaking american sovereignty breaks a number of constitutional congressional laws, this is lawbreaking, you can talk about issue of tell democracy. but this is another example. they are just breaking the law by refusing to defend american sovereignty at the border. >> it is that simple. and you know the people i'm running again ruben gallegos and kyrsten sinema are voting for this stuff to continue, they voted again funding the border wall when

is effect evive and an inebbs pen inpenceive way to stop this they are open border folks it is not working out, we're seeing our airports are full of people here, they are coming to say tea near you, -- city year you, american people are tired of democrat policies, they recognize with democrat in office we get this stuff at border, i call it a biden invasion, we get an invasion at our border, they look to future, they know that we'll see president trump tax cutses go away in 2025 if we don't start electing some folks who are going to make sure that we continue those, a scary proposition. larry: biden vavation, i have to believe. >> in does not work. larry: bidenomics, as big a negative in arizona as the

country? >> it is actually probably worse, i know phoenix where rube rube. >> prices are shooting. i heard average mortgage payment under president trump was own 1700 a month now it is 3300. young people look at that saying, we'll never be able to achieve the american dream. and does not have to be this way. you have been around for a while, and you have been studying and talking about the economy. and you understand that we have been through tough times before. we can get out of this but not with the kind of leadership we're getting from the democrats. larry: all right, ca kari lake, a nice lead.

you are spot on the issues, two things, merry christmas and good luck, i hope i see you soon in the new year thank you kari lake. >> thank you, larry. support our race, thank you. larry: all right. >> we will switch gearings talk foreign policy, where is president biden on houthis humiliating u.s., joining me now great john rratcliffe. you know, john, let's see last night, cas kash patel said there areony there about 2 thousand houthis -- said there are only about 2000 houthis, that is a 10th of a donald trump rally, yet biden administration does not seem to want to retaliate for their shutting down the red sea, and for their attacks our military assets. john ratcliffe wha how

is this possible. >> i'm surprised that you are surprised. houthis are only latest lesser opponent to kick sand in the face of the biden administration. this week is houthis before that was hamas and iran and for that it has been china and you know russia. yeah, kash patel is right in terms of houthi's capability. this operation prosperity guardian, the response of biden administration is the epitome of this turn the other cheek then cut and run foreign policy that the biden administration has deployed everywhere. punched in the mouth by a lesser opponent, response is, we'll building an international coalition to protect us? this is just so ridiculous. you were there in the reagan administration where the example of what to do, when

iran mined the persian gulf and hit a u.s. frigate. ron reagan response sense largest fleet to destroy two oil platforms, and 8 iranian ships, and kill more than 50 irgc soldiers and the problem ended. that is what should happen here. but it is not. just like strong deterrents and a response is not happening with the houthis, it did not happen with hamas or iran, it has not happened with china or russia. you know, we talk about foreign policy all of the time, we have been reduced to talking about the degrees of failure of the foreign policy of the biden administration, never any successes it is always which is worse. larry: two pin pricks, this

most war, the israeli war, about three months old. and iranian terror subsidies, including houthis have been hitting u.s. mill military assets now, we have someplace in syria we have done nothing the biden administration. has done nothing, more ever everything acknowledges, including john kirby, will say, we know iran is behind it, we have done nothing to enforce the sanctions on iran. much less you know hit an iranian oil feel or training center. i have -- this is humiliating of u.s. leaders world in beijing and north korea and moscow, they are watching this weakness. that is what hurts so employee don't understand how this is -- i don't

understand how this is possible. >> terrible, terrible. >> we talk about degrees of failure, iran is worst, we both left trump d administration and handed off a bankrupt iran. and bring failure, they have rebuilt iran, as a result they rebuilt the ability to fund proxies like the houthis and hamas and hezbollah, they turned them into household names in the united states, you are right. russia and china, are paying attention, that is why we found out that during their stroll in guard confident san francisco president xi jinping told joe biden i'm taking taiwan, either peacefully or by force, but i'm taking it. >> i got to go. >> damage is done. larry: i know, i know. >> good to see you. larry: this so i hope --

near future, you get yourself back in big foreign policy position, and someone will defend. >> we'll have a lot of work to do. we'll do it together like before. larry: defend this country. and not being defended right now. john ratcliffe, the best of the best, merry christmas. >> we'll take a quick break, great pal art laffer is coming, 5 years ago he and i wrote an op-ed piece. rally is huge. i want to ask art why is the stock market rallying, i'm kudlow, someone has to defend america, damn it, that is the whole point, defend this country.

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larry: i said it last night, 5 years ago, art laffer, steve moore and i wrote a piece for national review magazine, saying that steel tariffs are a bad idea. it turns out it be a bad idea, nippon steel is buying u.s. steel, bringing in former reagan economist, the great art laffer. up on the full screen

there. we were right. and turns out not only u.s. steel did not survive but nippon steel probably a better company, sometimes taif itariffs are a bad idea. >> they are, they have always been a good idea, we went through color television example in this article, tariffs allow your domestic industry to become lazy and fat, and fall behind the rest of the world, that happened to our color television and our steel industry, and tariffs are a bad idea,i except in case for material for war, i would never have a free market in nuclear weapons with kim jong-un, but other than that free trade across the board making your industries competitive and great. larry: we'll disagree on next sentence, i support

chinese tariffs, they steal our intellectual property, they force our technology transfers, they are -- japan is one of our dearest friends, china is one of our enemy, i support china tariffs on this one, i thought you know, this steel tariffs in a they were a lousy idea. art, i know that stock market was off but it had a huge rally, last few seconds, interest rates are lower. stay in the market? give us a and quick wisdom. >> i think biden policies are failing and everyone knows it. that is why we have a huge rally, lower interest rates with more profits. that is great. with that, it will be a very nice holiday signs, and

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larry: that's it for kudlow, thanks for watching, folks. - [narrator] november 7th, 2000. (tense music) election night in america, and nowhere are the stakes higher than in houston, texas,