bit nervous and soft landing outcome seems to be the traject write are the economy is cooling but not a recession and labor market is sol it and inflation coming the fed's way and that sets up for a nice backdrop in 2024. liz: michael, a nice backdrop with 30 seconds to go before the closing well. we thank you and your whole team. thank you very much and best of luck in the new year. the last full traiting week of 2023. markets, we remind you are closed monday for the christmas holiday. it looks like the dow will be the one down inindicator and s&p, nasdaq and russell and dow transports in the green. a happy healthy holiday and happy new year. that's it for the "claman countdown" reporter: david: hello, folks,

welcome to a special edition of kudlow. i'm david asman filling in for larry kudlow today. the supreme court rejected special council jack smith's request for justices to quickly take up the january 6 immunity case and he want it is before the election. and we have the former president's attorney lina habba on later to talk about this. first, a live look at crisis at the border where migrants continue pouring into the u.s. at a staggering rate and draining resources and moral. december is on track for another record breaking surge and bill is live in lukeville, arizona, with the very latest. bill. reporter: david, just a short time ago, cvp released official border novembers and show more

than 242,000 migrant encounters at the boarder and third highest month of president biden's president seizure disorders and in lukeville, arizona and closed down for weeks now and all the ilices cross accident taking place and a lot of men from africa and ebbing wed oar and men from china here earlier as well. we had a chance yesterday to talk with guys from ecuador that crossed over and there here for work and want to go to sanctuary cities. take a listen. [speaking non-english language] [speaking non-english language] reporter: pennsylvania.

new york. chicago. chicago. reporter: then more agents than ever will be working on this christmas holiday. the border patrol union telling fox news in part "while our agents are more than willing to sacrifice the holidays to protect fellow americans. that's not what they're doing. they're processing illegal border crossers for release into the wide parts of the border left wide open and these are not happy holidays for the hard working men and women of the border patrol. back out live, the release numbers are jaw dropping. cvp sources telling fox news since october 1, border patrol alone released more than 380,000 illegal immigrants into the united states with what's called nta, notice to appear, and court dates and some are years out into the future because of how backlogged the system is. david, back to you. david: i did short math here and we're on track for 3 million migrants in the next 12 months.

3 million in just one year. this is extraordinary. bill, thank you for all your great reporting and appreciate it. for more on this, bring in kansas senator roger marshal, he's a member of the senate homeland committee. it's extraordinary. homeland security is in charge of the border. clearly there's nothing about that that makes any american, whether they're republican, democrat, liberal, conservative feel secure. >> yeah, david, i'd contrast what billion talks about and saying there's nothing unusual going on and nothing to be worried about and never mind the 300 people diagnose every day from fentanyl poisoning and the president going back to the border saying we've had an immigration problem for decades and that's true and no border security issue for decades and as a matter of fact, when he was sworn into the white house, the

border was secure and it was sovereign. that's what american concerns are today and we don't have a secure boarder and threatens livelihood and well being as well. it's a national security issue, and joe biden refuses to take any accountability. david: it's because of the executive actions he took right after he game into the white house that reversed a lot of those from the trump administration, but those executive actions that president biden took is what is responsible for the explosion, i mean 3 million migrants in one year. we've never had anything close to that. it's not business at you shall at the border -- usual at the border. >> right, 10,000 one day, 11,000 the next day, 12,000 the next day. november, september, october, all of these are record setting months so to your point right now and again, joe biden refuses to take responsibility because to your point, policies can make a big difference. if we simply change policies, we

could eliminate maybe 75% of encounters that are going there. joe biden turned the beacon on way back during the presidential debate saying come, everybody. we're going to give you free food, free healthcare. you done even have to work for it. sure enough those people are coming and he's got to turn off the joe biden bat signal. david: meanwhile, he's not talking to you guys in the senate. he's got plenty of time to talk to the president of mexico, i guess the nickname is amlo and he can talk to them and go out and try to pitch bidenomics to the american people, but the nassau county dismissed on wednesday and not -- dismissed on wednesday and not coming back till january 8. between now and january 8, we could have another 100,000 migrants coming in. every day that he waits to take some kind of executive decision to turn this around, we continue to be flooded and not just at the border of course, every city in america whether run by

republicans or democrats is facing a crisis because of what's coming over the border. >> why does congress have to beg for the president of the united states to secure the border in i thought that was his job but he's doing everything in his powers to increase the number and increase the number of people asking for asylum and to your point of deal with congress there's no significant action and he does not want to solve this problem and he's not willing to even address this asylum issue or the patrol issue and won't even talk about it from the white house. they'd rather have the 10,000 people crossing the border every day and the consequences of 300 americans diagnose every day.

>> david: senator, i know the near roy of hoping to have future democrats to bring folks in that are indebted to him and the latinos came in legally and know what it's like to struggle without any assistance from sanctuary states and they don't like we're having the lines being jumped. a lot of legal immigrants that came here have been trying to get their families in for years see these new illegal immigrants jumping the line. they don't like that. plus, it is getting so out of control in republican and democratic cities that it has become a threat to his reelection campaign in 2024. even if you take your first premise correctly that he sees this as a way to bring in more democrats eventually and get them as voters, it ain't working for 2024 and might not get reelected because of the border

issue. >> exactly. this is the number one emotional issues when people go in and pull that ballot vote, i think that this is a very much tugging on their hearts and to your point, all across the state of kansas, thousands of immigrants have made a life for themselves and now their kids are doctors and pharmacists and engineers and they're electricians and plumbers and all the great things they came to america for a dream. america has a huge heart, and we want to share that. but this still goes back to national security. the way it's happening right now, we can only handle about a thousand per day and having 10,000 per day. again, 17 people on the known terrorist watch list last month have cross intoed our border. it is mind numbing and u un-pre-henning what's happening.

maybe the ccp is sending them over to do mischief. >> they absolutely are and setting up their own chinese police forces is, we know that and they're involved at collecting money at end of fete nil change and make the precursors in china and give to the cartel and cartel has stations all across the state of kansas and all across america america and the cartel sells and chinese nationals here in the country to take the money and some through crypto by the way as well. they very much have a purpose and not to mention they're in the research center stealing the intellectual property. david: real funding and ukraine -- israel funding and ukraine funding and is it conceivable that there's so much problems for everything we've been talking about with immigration that jayce at least israel can get funding it needs in the short term? >> well, we've given the democrat senators four

opportunities now to fund israel by itself for a stand alone vote and they vote it had down all four times and that's not their priority and remains ukraine and i'm willing to have that conversation about ukraine after we secure our own border. at the end of this day, all those conversations come back to can we meaningfully secure our border that's going to take holoseizure disorders changes and a physical war and we need more border patrol officers as well. david: let's face it, the other issues whether israel or ukraine, talking border there is and our border comes first. senate torques i hope you have a peaceful loving christmas. latest pce report showing prices falling for the first time since 2020. is the fed inflation fight over?

i don't think people would agree. trump attorney alina habba will weight in when kudlow returns. reliq health is a digital health company targeting the $100 billion virtual care market. reliq is rapidly growing with customers that include several of the largest and most highly rated health care

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david: prices fell in november for the first time since april of 2020. is the fadaises inflation fight over? i'm joined by steve forbes, and author of inflation, what is it, why it's bad and how to fix it. steve, thanks foring in. >> merry christmas. glad to be here. david: the washington journal has a news piece, different than the op ed piece. they say inflation is not too dbad as you suggested and do you buy that at all? >> the answer is no. things are still going up, things like food, education, healthcare and the like. the other thing is the fed is still entrolled with the theory of the -- enthralled with the phillips curve and if you want to lower inflation and have

higher inflation and in other words the chips act. david: so killing the economy is the best way to kill inflation? >> that's their theirly. >> inflation and it's not about value of currency and they know they don't like the economy right now anyone that saved conservatively and lived on a fixed and that's a great point

and the damage is done and they're still behind where they were two and a half years ago. >> absolutely and the fact is level of price increases may be lower and they're still inching so you're and two words they say and food prices. the way they make the decisions live in a bubble and don't go to a grocery store and things will go back up again. gasoline prices and heating oil prices and may come down and may go up again and oil prices are going up again and guess what that lance lates into the time and markets aren't going up and that leads to a point that kevin hassett made and larry kudlow

with a couple of days and rolling. >> inflation is not under control but what is under control is the federal reserve is it with them deducing the economy in the election year and rate cuts >> the barometer and moving up and look for the foreign exchange and falling getting the arrow and that's the sign that the fed is easing up and undermining the integrity of the dollar. david: goes back and first time i remember was author burns and 1972 putting his finger on the scale in order town crease the

chances for the reelection and did get elected bay mig majority. >> the markets are getting ahead of themselves thinking there's going be a big election change. david: it's a good reason for the markets >> the cavalry will show up on election day and magic thing called good times again and health reigns leading times. david: what's juice the market up may make things feel better in the economy to voters and why do you feel better? shouldn't have been feeling bad in the first place and take away

your lawn moor and things like that. mower and things like that, no, people are saying enough already. david: desantis didn't stay on that message and that's one reason he never had a fighting chance in this. >> none of the opponents of donald trump came up with a big signature issue, whether it was taxes or education or regulation and you go in the kitchen sink, why do they want to take this away from you. nothing graphic that people said, by golly, they have a point and ronald reagan did a tax cut of future. david: great to see you. re-appreciate you coming in. clearly the elections will be the biggest story of 2024 the question about the elections is whether voters will decide the outcome or coming with prosecutors et cetera.

joining us now is trump attorney alina habba and let's talk about that a second and first i got mention jack smith's loss today in his rush to get to trial before the election. david: he wants the election and decision in the supreme court before the election and the trial before the election and now he looks further away from that goal. >> yeah, it's called election interference, that's 100% what this was and i'm really pleased with the supreme court and really restored my faith in my profession frankly. the supreme court saw through this and no urgent application necessary by jack smith. he was trying to usurp the

appellapeelines gigs and go to e court for what the president'immunity. frankly so they don't have to have das and ags come after them after their presidency of the political witch hunt and the supreme court will today say that jack smith did not have reason to do so. he needed to stay the course. go through the normal procedures as everybody else. he had no urgency, and there was no dissent in the supreme court's decisions. so it was a very great day for team trump, and we'll keep pushing. david: to remind everybody, that would be election interference and you rightly said. he wants to is interfere with the election by get ago conviction of donald trump before the election from a favorable court, if he can find one. and ironically this is a case he's charging donald trump we election interference when that's exactly what heavyweights

try doing. >> yeah, for saying to peacefully and patriotically look at election because he believes it's been stole and we've seen since january -6z, since this case that it's completely politically motivated and this same judge have to stay her trial pending decisions on immunity number one. number two, we've seen that she's treated mis-fairly -- unfairly these january 6 people that were arrested, some of them have not been heard in court yet and dew process is not really about what people have done. that's for the courts to decide on a case by case basis but normal due process in america has its place, and we can't tray to rush due process whether it suits them. they have year-long investigations and brought all these cases, david, right before the election so that heavyweights not on the campaign trial so he's out there doing

nothing to help his campaign and instead what they don't realize, which i think the polls show is that the more you try and attack trump, and tie him up in the witch hundreds and court cases, they're going to get stopped and they're going to be seen by the americans as an attempt to usurp the gop and republican party. david: even democrats see that. we should remember that that horrible colorado decision where they take him off the ballot because of he's an insurrectionist when nobody has convicted him or charged him. why do you think jack smith didn't charge donald trump with insurrection and knew he wouldn't get the convict; right? >> 100% and that colorado court is going to have it handed to them and it's going to be an embarrassing day. i believe like many other legal scholar haves said, this lab 9-0

decision and when we go through the proceedings, it'll show there was nothing done wrong and there's issues with the election integrity and the president had reason for them to ask to look into it. it would be the first insurrection without weapons and war and it's crazy. what we're seeing is across the board, das and ags that are politically moti motivated and m grateful for the supreme court to step in and see through that. david: who else i'm grateful for are three of the colorado justices that were democratic -- appointed by democrats said very clearly that there was no case here. this was an outrageous decision. more democrats are also realizing how this law fare is so unconstitutional and against the american way. kim strossel wrote a great piece in "the wall street journal"

about the afro-american court getting sandbagged saying if the justice rules against trump the left accomplish as complete immediate goal f. they rule in trump's immediate favor, the left smears the justices and ramps up its campaign to pack the court. the only difference i have with kim in that logic and i see the logic is that i think the american people have caught onto it. if three democrat justices in colorado have caught onto it, a lot more democrats out there and certainly independents have caught on as well. they're not going to allow packing of the scream court, do you? >> no, i don't. at the end of the day, it's a shame it has to go as far as the supreme court. that's reserved for utmost difficult decisions that really affect this country and the fact we've gotten there so fast is very telling. these cases are so political and to put that burden on them is not fair. but i will say today, there was no dissent. there was dissenting opinions in the colorado case as you mentioned but today there was none. you know, it was one sentence,

no, this doesn't qualify and weariness not hearing it rate now and -- we're not hearing it right now and we're moving on. it's restoring my faith in the judicial system. i'm a critic when it's going wrong but i loved it today. david: no, jack smith, you don't got it. it was that simple. bye bye, trifoliate again. alina habba, thank you for being here and have a wonderful merry christmas and to your family. >> thank you, you too . merry christmas. david: coming up, is the biden administration hindering the war on gaza and we'll ask aaron cohen and biden's year-end rate asking the worst of any modern day president seeking reelection in the campaign psychoand will charlie hurt telling us what it means for 2024 voters all when kudlow continues. ♪ i'm on a journey to discover

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accident in questioner the united nation's -- david: the united nations security council passed a resolution on the hamas war and includes aid to gaza. greg palkot is live in tel aviv, zeldon reel, with all the details -- tel aviv, israel, with all the details. hey, greg. reporter: yeah, hey, dave. on a stormny night in tel aviv, a lot of eyes on the council weighing in on the israel hamas war voting 13-0 in favor of the resolution calling for a humanitarian pause, u.s. and russia abstaining but some call it had watered down and at least the un didn't veto and saying conditions should be created for the sensation of hostilities and not a immediate ceasefire demand and allowing more humanitarian aid and excluding israel is involved in aid screening and russia abstained as a proudly

supports test and israel stepped up ground offense telling residents in gaza to evacuate one part of that area building troop strengthening in the south going after the hamas headquarters trying to wrap up things in the north. humanitarian situation in gaza only worsens according to the hamas-run gaza health ministry and many women and children and few hospitals working and sadly it was announced today, 73-year-old israeli american held hostage by hamas is dead in captivity. it was revealed he was shot and killed on october 7 when the i kibbutz was overrun by hamas and body tarkenton gaza and first of eight american dual citizens held that have been ki killed ad leaves behind his wife judy, who was also kidnapped and leaves behind four children and seven grandchildren. talks between israel and hamas at an impasse regarding the release of further hostages and

hamas want as halt in fighting and israel with a one week pause with hostage exchange and so it goes. david: so it goes. for more, bring in aaron cohen, israeli counter opportunistics veteran and, aaron, thank you so much. i want short term orientation talk about the un. it could make you nauseous to think about it but the vote today, i want to read when the israeli ambassador said about the decision, he said the decision maintain's israel's security authority to monitor and expect aid entering ghana soft and average and on the other hand it must not be ignored that the security council as a body has not condemned the october 7 massacre. in is a disgrace revealing the relevance of the united nations in relation to the war in gaza.

what does that tell you about the united nations, they still after all this time have not condemned what happened on october 7. >> well, david, the, first of alls at baseball games dorman has been doing an incredible job and i met him at the screening of the massacre here in los angeles that was hosted. he's been fighting that fifth front, a very, very aggressive fight and gets and you happen speaking to the un and he's alone. he really does represent the pod i did of the israeli people, particularly the israeli government and the un is either anti-semitic or in is in bet with hamas. the fact that the un still will not legitimize the october 7 massacre and playing semantics. it blows my mind right now. israel has to focus on doing the work. they're not going to sit down

and not having anymore ceasefires and we saw what hamas does and they're going to immediately move terrorist militants up and down gaza from the north back to the south, back to the north. it's an abomination and the un, i said the un should have been dismantled a long time ago and a waste of time. david: it's a waste of time and money in new york. they're not easy to live with. the washington post and talk alaska the work that israel is doing and the washington post came out with a headline, which may or may not be true, but frankly i have a lot of questions about it. but the headline is more than 20,000 dead in gaza as the hoes toric human toll -- historic human toll. the source of that information is an organization called gaza health ministry about which the washington post in the article says the following. i want to get your reaction. the washington post and other media outlets rely on numbers from the gaza health ministry as many other national institutions and organizations and global bodies did before the war.

the ministry proved reliable historically with direct access to hospitals and morgues. tell us about this impeccable gaza health ministry, aaron. >> well, david, there's an old expression in arabic and palestinian arabic [speaking non-english language] it means do you want the truth or his brother? my answer to this report is about pulling out the optics and getting the white house to sort of understand the way the islamics and the way hamas sees this war right now. i have not heard one number of hamas militant being killed and i'm pretty sure. i'm pretty sure that a very high per tennage of their 20,000 that's been -- percentage of 20,000 killed are a high number of hamas terr terrorists and isl has been neutralizing through the air from their impeccable air operations in the north, which in my opinion, david,

could have been even more aggressive. now it's starting to shift to the south where israel has handcuffs put on them by the white house because hamas has been using that gaslighting it you will, that psychological warfare to pull to strings of the international community and the white house has been affected by and now israel gets to the ground and putting barrels inside and doing a good job doing too . the numbers are hogwash and absolute nonsense and wouldn't be surprised if 75, 08% were dead hamas members. david: the institution of ha nassau county like the gaza health industry comes out with factual straightforward information and it's a good source and has head where it shouldn't be. put it that way. aaron, thank you very much. good to see you, my friend. always appreciate it. >> always a pleasure, david. thank you. david: joe biden is kamala harris getting ready to hit the road in the new year to drum up support for 2024. but the president is ending 2023

with just 39% of americans approving of his job performance in the latest gallop poll, which is the lowest approval rating of recent first term presidents seeking reelection at this point in their administration. bring in charlie hurt, washington ti times and opinion editor and fox time contributor here in new york. the incredible thing by the way, you and i love these numbers comparing old elections to new. this is, the number that jimmy carter had and of course he was walloped in his attempt to get reelected. the number he had at this point was 54%, which is actually the same number ronald reagan had at this point. at the end of the day, he lost bad i did to ronald reagan in his attempt to be e reelected and it does show you how things can change this far away from the election. >> absolutely. let's not forget the highest numbers ever recorded was george h w. bush with plus 90% approval

right after the gulf war and of courser he'd go on two years later to lose to bill clinton. no, these numbers are extraordinary. it's interesting when you think about how part partisan highway had and barack obama was the first to drop gobbing into an election and obviously joe biden has plowed new territory and drilled new, he's not drilling for oil, he's drilling for ---david: the bottom of approval rating. >> exactly. thing cans change. david: you and i have shared notes about this and various texts and there's been good economic data and look at stock market booming right now and hitting records. what if the economy keeps edging and even if

it's because the fed is putting their finger on the stales and lowers rate when is they shouldn't be and eventually will pay the price for it. gutfelled could that help biden is could that be a game changer in trump's attempts or whoever is the republican nominee >> i hope that's what hap happens ani want the economy to be better and the stock market reached new records but regular people are not feeling it. regular people are still paying twice the amount of gasoline as they were or at least a dollar more per gallon than under the previous guy based on -- and it's the result of the pollties of this administration. looking at housing costs, formal people don't feel it. david: weave seen that in the polls clearly. >> when people save their money and take a trip at christmas time and they fly somewhere and the three people on their row are illegal immigrants from --

that are being flown by the government all over the country to places, and they didn't even have to go through tsa to get there. all of these things sort of build up for people. david: i just had senator marshal on saying i understand why biden thought it would be helpful to democrats to open the border. you'd have a future generations of democrats, et cetera. but clearly it's not working and he's losing latino support because they don't like the open border as much as anybody else. and he must, there must be somebody in the white house telling him, maybe we should change strategy, but it appears not. senator marshal said there's no attempt binning anybody in the biden -- mayorkas slow walked his way to talking to republicans so they really don't seem to be interested in doing a thing to check the border. >> to me the big question is how much is an ill faded effort to try and help democrats and how much is just anger and rage at donald trump?

and everything that donald trump did, joe biden wanted to undo. the real numbers they should have looked at if they want to look at polling when it comes to immigration and the border and looked at voters among legal hispanic residents that came here the right way and followed the law. he won for republican and historic numbers that have and if democrats cared about the hispanic community, cared about legal immigrants, what they would have done is maybe listen to those people and, enriched stead of crazy identity politics. david: i'm get ago wrap, but i have to ask about this jack smith decision. i call him javar because he's like in learfi les mis and he wo put them in jail before the election and do you think the

supreme court decision telegraphed what they're going to do before that decision. >> yeah and they're loathed to get involved and rigged the election going back to the whole reason and why did jack smith want them taking it up in the first place? david: election interference. >> he wants to interfere and he's charging from within that. charlie, great to see you. >> why dalia al-aqidi is running to un-cetyl handout omar and she might -- ilhan omar and might do it. we'll be talking to her next. ♪

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did i recollect well, looks like ilhan omar has a serious challenge in her reelection bid and you're about to meet her. joining me is dalia al-aqidi and the minnesota congressional candidate running to unseat ilhan omar. what's your background, dalia. tell us about yourself. >> thank you, david, for having me. i am an immigrant, i came as omit cal refugee in 1993 and i've been a journalist for 35 years. i've covered war zones,

terrorist attacks, international summit and worked out of the white house and i'm running for congress because i understand what our district needs. david: this district income pannies all of minneapolis. minneapolis was hit hard during all of the mlb riots, black lives -- excuse me, blm riots and used to be a friendly, safe city, a ronnel pong of folks where they got together and change the during ilhan omar's ascend seizure disorders in the congresswoman in the district. did she affect the negative way in which minneapolis changed in >> absolutely she does. what she does is she never represented her constituents. all she does is sow hatred and division and i truly believe in

the politics of unifying the people of talking to everybody and representing everybody in this district. you know, david, the beauty of this district as you just said, it's about the diverse population in minneapolis and the city and some of the suppsuburbsincluded in the fift. there's no one unified answer to how to convince constituents there as a change and the conservatives here are very angry about the progressive policies of the city council and ilhan omar and they're sick ask tires of the bad ideas that are turning our district into just a ground zero for crimes, ground

zero for anti-semitism. david: even if they didn't go -- beef in that in the beginning, they've seen it with their own eyes and they've seen what the policies amount to and they amount to division, not to bringing people together and more crime, not less. quickly, go ahead. >> absolutely. we have independents that are needing someone to reach out to them and tell them as okay to love america and okay to with the good things for your families and we have the husband immigration judgeses that i so understand because i come from a muslim background and from a muslim culture. i understand their fears. what ilhan omar is doing is trying, number one, to serve herself and to make her the number one representative in the congress the way she want it is to be but to look at her

records, she never does anything for the district. a, lia, we have to run but alloy the best to you, have all jwonderful holiday. our clients' portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? (fisher investments) yep. we do better when our clients do better. at fisher investments, we're clearly different. students... students of any age, from anywhere. using our technology to power different ways of learning. so when minds grow, opportunities follow. ♪

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you know what's interesting these days? bitcoin. look for bitwise, my friends. david: thank you, everybody, for watching this special edition of "kudlow." have a very merry christmas. we'll see you back here next week. meanwhile, liz macdonald is here to take you through the next hour. liz, merry christmas to you, my dear. elizabeth: and to you and your loved ones, david. hope you get a lot of coal in your