♪ larry: or so i'll just say this whether it's spending, borrowing and debt, cover regulations, expensive regulations, high taxes, drill, baby, drill: close the border. stand up and shut down iran. stand up to china so they know they can't take taiwan. we need tough, and i'm going to just say this, if you disagree i understand, but we need trump tough in order to so these problems in the new year. and we also need e to bring on my pal liz macdonald who's going to give you the thorough

analysis of all this. elizabeth: yes, we will. we hope so -- to. larry, happy new year again to you. let's take you right now live to the border. the chair of house judiciary, congressman jim jordan is standing by live at eagle pass, texas. congressman, it's good to see you. you are with speaker johnson and dozens of your colleagues. it's good to see you, congressman. you know, more and more voters are saying stop this border madness. stop the collapse now. biden has let in the size of washington state, more than 8 million coming n. voters know the deal. they're tired of white house gaslighting, they're tired of the complaining, the blame game. so how do you stop it now? >> one sentence. no money can be used to process or release into the country any new migrants. one simple sentence would solve this. tell the president, hey, we know you caused this problem. you're right, liz, the magnitude of this problem, we are on pace if -- the state of washington now, we're on pace to get to the entire population of the state

of ohio. we're on pace to get to 12 million people in president biden's 4-year term. so, i mean, that is how serious this is, and it's time to just say stop it. suspend if entry into the country. there can be a few exceptions for people who have had to come in who need some surgery or something special, but stopped admission into the country. that is the only way to deal with this. and the country understands that's how serious the problem is. elizabeth: yeah. democrat mayors, democrat voters in places like los angeles, chicago and colorado, in new york city, they see the issues. they understand it now. blue states are waking up. is it house homeland security, their move, to now launch the first impeachment hearing next wednesday of homeland security secretary mayorkas? is that the first step in the process to fixing the border? >> well, i think it's -- we've been looking at secretary mayorkas who how -- and how he has mishandled this situation,

but i think it's the whole administration. the cause.an people also kno day one, january 20 of 2021, joe biden takes office. that day they decided they were going to stop bidding the wall, end the remain in mexico policy while you vail wait their claims while they waited in mexico, and they also said we're going to release hemothat come into the country. it shouldn't surprise anyone that everyone wants to come. and that's exactly what's happened. so the country knows the biden administration intentionally, deliberately, willfully did this to the nation, and they now understand the magnitude of it. as you point out, democrat cities, they want accountability. and part of that accountability is looking at the impeachment inquiry process we have for mr. mayorkas, and of course, for the president himself. elizabeth: okay. congressman, chairman jordan, this issue too, speaker johnson says white house officials, local officials cleaned up the area, cleaned up the area in eagle pass for the media just like they did san francisco for

biden's meeting with the leader of china. they diverted the flood of illegal immigrants away from eagle pass to another location. but that doesn't stop voters from seeing the numbers. tens of thousands of criminal illegal immigrants already convicted of felonies in their home nations. about 1300 terrorists caught crossing. nearly 2 million gotaways. how are both biden and mayorkas refusing to enforce the laws passed by congress? because mayorkas is now blaming texas for failure of governance. that's what mayorkas is being accused of. so how are they breaking the rules, the laws that congress enacted? >> they're just not enforcing the law, and they, again, changed the policies that we knew were working, and they refuse to take up the legislation that we passed in the house that would provide the kind of policies that would actually fix the problem. it's a deliberate, it's intentional, it's a willful act on the part of this administration to allow all these folks in. and i guess the plan is, they've

already been talking about amnesty for now what again is going to be 12 million if individuals in the time of joe biden's presidency. they're already talking about amnesty there, so that's their ultimate goal. but the country understands that, they understand what's going on, and they don't support it. that's why we need to enact that policy i talked about. they're not going to pass h.r. 2, the legislation we passed. put that one sentence on a bill that funds the government, put that one sentence on that bill to deal with this problem. elizabeth: so, congressman, president biden says congress, republicans are to blame. watch this. [inaudible conversations] elizabeth: okay, that's flat out misleading. can't the president with his e own executive pen wipe out the nearly 300 executive actions he did on the border? wiping out trump's border

policies? >> yeah. elizabeth: because we're seeing u.s. city, towns and suburbs getting hit with hundreds of millions of dollars more in taxpayer costs. why doesn't he revoke his own executive actions? >> right. no, he could. and under the immigration legislation, the act that governs this, nationalization and immigration act, under that act a he has the authority to suspend entry into the country now. so he could say, timeout we're going to suspend any entry of any new migrants. he could do that on his own. i don't think he will as evidenced what he's allowed to have happen the last three years. he's either got to pass our bill, he said he won't do that, that's why i think the answer is the one sentence i talked about that we force onto legislation and force that in some negotiation that is upcoming. so i think that's the way we've got to proceed, but we'll see what this administration does. and then, of course, the ultimate remedy is you've got to have a new president. you've got to have president trump back in the white house. that's what the american people will weigh in, and i think

they're getting ready to do that this coming november. elizabeth: you know what's happening in more and more suburbs and towns in states like illinois or new jersey, they're starting to enact their own rules to push back on illegal immigration. >> yep. elizabeth: and what you see happening in texas, texas governor abbott is furiously battling back against the biden white house, threatening to sue over their, texas' state border law and ramping up security there. >> yeah. elizabeth: and mayorkas is trying to blame governor abbott's, quote, failure to govern. he says the biden white house, though, abbott is saying the biden white house is failing to govern. i mean, what do you make of the white house threatening to sue texas in order to stop texas' own new border security law? >> yeah, because the biden administration won't do their job. what is a requirement under our constitution, under, the federal government requirement, because they won't do it, governor abbott steps up with local law enforcement and now he's getting sued? what governor abbott's doing is

not just good for the state of texas and and his citizens, it's good for the country. but joe biden says no, no, no, and he's going to sue himself. this is, again,ing think just how backwards they have, how wrong they have it. but again, i think it just underscores this is all intentional. they designed it this way. they want this to happen -- elizabeth: well, voters want it to stop. >> it's hard for me to grasp, why would they do it? elizabeth: voters want it to stop. they want legal immigration. >> they sure do. elizabeth: it's unfair to border communities and cities to have to deal with biden's border crisis. this is a states' rights fight. this -- the white house is going to claim that federal laws take precedent when they do that threatened fight with texas. but this white house is accused of breaking federal laws here, that's what you're saying. because the constitution has what's called a take care clause. >> right. elizabeth: it stipulates the president shall take care, federal laws be faithfully executed. he's not doing it. >> no, he's certainly not. and that's, again, why as you

said why texas is stepping up, doing what they're doing. because the problem is so, just so egregious, so wrong. so i think you're going to see more of that from texas, and god bless them for standing up and doing what needs to be done. we were here today, we just saw right behind me, we saw illegals come across as we're here, 60 some members of congress, and illegals are coming across the rio grande, walking up, pushing the razor wire aside, walking through and coming into the country. we saw it today as we're here. now, there's not the numbers that were here a few weeks ago, but we saw that take place while we were here seeing the border today. elizabeth: congressman, we've got breaking news coming in. the trump team, former president donald trump's team, is asking the u.s. supreme court to step in and address the state of colorado trying to remove the former president, trying to remove the former president from colorado are -- colorado's state ballot there. what do you make of the states' push, about a dozen, to remove

the former president from state primary ballots? >> it's ridiculous, and everyone knows it's ridiculous. this is the left's continuation of their attack on president trump. never forget the sequence, liz. they spied on his campaign, then it was the mueller investigation, then it was impeachment, hen that they raid his home, then it was four indictments, two by the special counsel at the federal level work the at the state level, and now they're e trying to keep him off the ballot. it seems like every time they do, the country understands that this is are ridiculous, wrong, and president trump's numbers go up. and they also understand that that when he was in office, he did what he said he was going to do and made the country stronger and better. that's why he's going to win again in no, i believe. elizabeth: chairman jim jordan, thanks for joining us live from the border at eagle pass, texas. thank you again, sir. joining ughst us now, washington post columnist and author mark thiessen and author lee rt carter. thank you so much, both of you, for coming on. you're straight shooters, you

call balls and strikes. first to you, marc. what do you make of president biden? he's getting criticized for exploiting what some are calling, quote, the scenes of national trauma. the president's going to take aim at trump, at valley forge, and also he's going to go after nikki haley at a charleston church in south carolina where a white gunman killed nine in 2015 is. did the president step in it again? is he make a mistake here? >> well, he's going after nikki haley because she's the biggest threat to him. i mean -- elizabeth: yeah, but the point is -- sorry, let me back up. the point is using scenes and sites of national trauma,'s ploit if -- exploiting that for political gain. >> yeah. elizabeth: what do you think of that? >> it's horrible, but it's par for the course. this is, you know, the president who, you know, has campaigned against maga republicans threatening our democracy and all the rest of it including, you know, during the 2022 mid midterms where he pushedded for a bunch of, you know, he tried -- they had democrats actually spent tens of millions

of dollars to nominate extremist candidates that would be easier to beat. there's no tactic that they won't try in order to gain political power. elizabeth let's turn to lee carter. lee, we're seeing news that more and more top democrats are really afraid if president biden will lose. you've talked about this. james carville, david axelrod and now jim me see that if who managed former president obama's 2012 reelection campaign said trump could beat biden even from prison. what do you think of that? >> i think it's not, it's not without the realm of possibility. in fact, right now the polls hook like it's actually very likely to happen. and that's never happened before. donald trump never led from the polls to the extent -- in the polls to the extent that he is in this moment, especially when you look at those seven states that matter the most. he is leading. joe biden's approval rating is so low, he's lost support among his key base voters which are black, hispanic and young people. in fact, he's lost in the double

digits in each of those groups which are really those that carry him into the white house. he's got to be worried about that right now. and it's a very, very real threat. elizabeth: so, you know, getting, staying on the news, what lee just said, marc thiessen, you know, the trump team has asked the u.s. supreme court to step in and address the state of colorado trying to ban trump from colorado's state primary ballot ott. that news is just now breaking. if that, marc, and that story, the double whammy of biden's bad polls, he's polling the worst in modern u.s. history. that's what gallup and 538 says. the democrat coalition, as lee just so cogently pointed out, is fraying. blacks, hispanics, women and young voters are moving away from biden. first, let's get your reaction to this sound. watch this. >> how does this compare to past presidents entering their re-election year? here you can see it. here's the 40 we have bind at right now. that's the lowest in an nbc poll for an incumbent facing a

reelection year. elizabeth: the lowest or. what do you say, marc? >> what lee said is absolutely correct, that he's probably the weakest incumbent we've had in our modern history, and yet if you look at the real clear politics average, donald trump is tied with him. and with the weakest incumbent we've ever had. by contrast, if you look at nikki haley, she crushes biden in almost every poll. she crushes him in "the new york times"-city e yen that poll, and in most of the swing states trump loses wisconsin by 2 point, she wins it by 17. 13, rather. the question republicans need to ask themselves is do you want the election to be a toss-up or a landslide? that's the question they're facing. elizabeth: okay. lee carter, you get the final word. what do you say? >> nikki haley's got a great chance of winning a general election and a really tough chance at the primary. she's got to win new hampshire if it's going to happen. it's going to be interesting to happen with chris chris christie. elizabeth got it.

terrific stuff. we appreciate you. still ahead, former deputy assistant attorney general tom dupree, economist ej antoni, and we have wall street tie e tap, he's kevin o'leary. a major is development, chevron. oil major chevron is blaming a new big $4 billion hit to their earnings on california's chaotic, hostile regulatory environment. california is hurting -- how california is hurting all businesses there big and small. also this story, this breaking news, the trump team just asked the supreme court to intervene on colorado's attempt to ban trump from state ballot. the fallout of this. plus, a new report on congress' alleged insider trading. top democrats are beating the s&p 500, and wall street analysts again asked about the dubious timing of more treaty move -- trading moves by former speaker nancy pelosi is. her net worth has soared while on the job.

it's all coming uh-uh up on -- up on "the evening edit." ♪ ♪ limu emu & doug ♪ [bell ringing] and doug says, “you can customize and save hundreds on car insurance with liberty mutual.” he hits his mark —center stage— and is crushed by a baby grand piano. are you replacing me? with this guy? customize and save with liberty bibberty. he doesn't even have a mustache! oh, look! a bibu. [limu emu squawks.] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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elizabeth: okay, we've got more breaking news. let's bring in o'leary ventures' chairman, kevin o'leary are. thank you for your very kind and generous birthday wishes yesterday. okay, this breaking news, kevin, we want your reaction.

another setback too bind's climate agenda. -- biden's climb agenda. bp just hours ago killed i off and canceled a major wind energy project off the coast of new york. i mean, this is happening off the coast of states hike new jersey too. what's going on here? >> uneconomic. if you were going to do something that in the very long term, large cap-x project, not only do you need stable subsidies, you've got to be able to get to the market under terms that makes sense for return for investors including these companies. and none of these deals make any economic sense. it's great to have a green mandate, but what we saw in dubai just weeks ago is that the world's starting to realize the transition away from hydrocarbons is going to take a lot longer because solar and wind while they have merit do not make any economic sense. and so when it becomes really punitive from the regulatory side -- because when you start building things offshore, you've

got all kinds of regulatory issue. >>s you have to deal with. and the biggest problem is at the end of the day, and this is where the rubber meets the road, you don't make any money. and it doesn't work long term if all you do is lose munch and that's exactly -- money. and that's exactly what's happening. elizabeth: yeah, it's really hard to bank wind and solar energy in a battery. this feels like a game-changer, kevin. what do you make of oil major chevron announcing it's going to have to take a possibly $4 billion hit to profits for impairment charges to its oil assets in california? it's blaming california's hostile environmental regulations. i mean, california, i think you've talked about it, california was a leading tate in oil production. that's down now 30 president since 2019 -- 30%, and california did things like sue chevron and oil majors over climate change. i mean, isn't this a bad sign for the economy? aren't medium and small businesses going to get hit over

what california is doing with their hostile regulatory environment? >> california's a unique situation. it's one of the world's largest economies, you know? 36 million plus people. you would think it would want energy security and want energy ine dependence, and it certainly doweled do that. -- could do that. unfortunately, i've said this multiple times and i don't mean any disrespect when i say it, it is the -- the management at the state level and the municipal level is the worst of every state in the union. gavin newsom, and i mean no disrespect, i like that guy, i've met him personally, i wouldn't let him manage a candy store. he is so clueless to the competition going on between states. i'm an energy investor. i don't put money in california. i go to north dakota. i go to virginia. i go to oklahoma. i go to texas. they're competing for my money. and and they know they have to be in a regulatory environment just like every energy investor.

and you would think on a national mandate that we as a country would want to make sure after the ukraine war that we have energy security. this should be a national mandate. we can't let a state like california become so uncompetitive with such weak policy so that capital leaves that place where it needs energy the most. it's just bad policy -- elizabeth: yeah, it's wild. >> -- weak management. it's hurting the californian economy expect if people there. who would give a dime to california to invest in energy when the regulatory environment or is so punitive you can't make money? and that's what chevron's telling everybody. and so we've got to wake up and smell, smell the hydrocarbons, i guess. [laughter] that's e a very bad place to do business. elizabeth: that might be a bumper or sticker, ken o'leary. [laughter] what's really interesting, final point, the biden white house is turning to california as the

state to lead the way on green energy. it's baffling. so we're going to stay on these stories. thank you, kevin o'leary. you were great on the breaking news there, as always. great to see you as always, my friend. see you back soon. take care. elizabeth: next up, a harvard freshman is speaking out. we've got this story, congresswoman elise stefanik says lawmakers will continue to investigate harvard and campus anti-semitism despite president claudine gay's resignation. stefanik said this is, quote, just the beginning of a iraqening. we're going to get -- reckoning. we're going to get charlie's take on that. and how the far left and the media tried to cry foul i calling claudine gay's resignation racist in really? that's on "the evening edit" next. >> i believe these university presidents state atop these institutions that have rotted out and have institutionalized anti-semitism, particularly after hamas' terrorist attack against israel in early october. we've seen jewish students

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elizabeth: okay, this controversy is just beginning. american families pay skyrocketing college tuition for what watchdogs now say are colleges that act like ideological indoctrination factories and off the wall social engineering laboratories. house lawmakers now doubling down in their investigation into colleges that are failing their students. lydia hu live in new york city with more. lydia. >> reporter: hi there, liz. that's right, we're following the resignation of claudine gay from harvard university that was announced yesterday, but critics say that gay's departure as president will do little to correct the university's troubles. part hi because gay will return to the faculty where she is expected to earn more than

$800,000 or per year. and some say her statement announcing her lessing ig nation offers -- resignation offers no contrition. quote: it has been disstress ising to have doubt cast on my commitments to con fronting hate and to upholding scholarly rigor and frightening to be subjected to perform attacks and threats fueled with by racial an i miss. and the harvard corporation board which is responsible for hiring the president expressed, quote, sorrow to accept gay's resignation adding this, quote: we thank president gay for her deep and unwavering commitment to or harvard and to the pursuit of act dem ec excellence. now, liz, of the three university presidents who testified on capitol hill about anti-semitism on december 5th, two have now resign ised. that's gay and university of pennsylvania president liz magill. that leaves mit's sally corn bruce in her presidential post, and e elise stefanik posted this

on x: two down, one to go. your silence is deafening, mit. not even an apology issued by your school to date and zero commitment from your school to combat anti-semitism and protect jewish students. accountability is coming. but today instead of an apology or announcement of resignation, mit's president announced the addition of a new vice president for equity and pin collusion. she writes this, quote: with with this new role we have an important opportunity to reflect on and comprehensively assess the structures and programs intended to support our community and create a welcoming environment. liz, i'll send it back to you. elizabeth: gee is. i'm sure she feels really good about that. lydia hu, thank you so much. let's watch charlie -- a first-year student at harvard university. charlie, thank you so much for coming op. you're jewish. you wrote an op-ed for the harvard crimson slamming

anti-semitism on campus. it looks like far-left activists in the media are calling it racist that claudine gay resigned from harvard. she's still on the faculty. magill, liz magill at u-penn, was forced out too. what do you thinks charlie? what are you seeing and experiencing? >> i mean, i do think that it's unfortunate that the conversation around gay's resignation has become so charged. i mean, all of this was, of course, precipitated by really the crisis of anti-semitism that we've had at harvard, sort of an obsessive hatred and focus on israel which then kind of led to these plagiarism accusations against president gaing y. i think it's unfortunate that anyone is saying these have to do with race. i don't think that the anti-semitism crisis has to do with anti-black racism, and i think that the concerns raised about gay also a really did not have to do with her race. but i hope that, you know, as gay -- the one thing she said in

her letter that i agree with is that, hopefully, the university can now stop focusing on this one individual and return to focusing on the institution itself and really what the main issue here, which is this eruption of anti-semitism. elizabeth: yeah. the harvard degree is really ec expense i have, and now it's been undercut, the value of it has been undercut. let's watch how claudine gay could not even condemn, could not condemn in theory during testimony, for example, any theoretical campus calls for the genocide of african-americans. watch this. >> dr. gay, a harvard student calling for the mass murder of african-americans is not protected free speech at harvard, correct? >> our commitment -- >> it's a yes or no question. is that corrected? is that okay, for students to call for the mass murder of african-americans at harvard? is that protected free speech? >> our commitment to -- >> it's a yes -- so the answer is yes. tata a calling for the genocide of jews violates harvard code of

conduct, correct? >> again, it e depends on the context. >> it does not depend on the context. the answer is, yes, and this is why you should resign. this is long overdue. it should not have taken the harvard corporation board this long to demand her resignation. and i believe as we continue our congressional investigation that we will uncover what will be the greatest scandal in higher education, because the a hard very -- harvard corporation members themselves are complicit in this cover-up of her plagiarism and again, most importantly, their a failure to protect jewish students on campus. the fact that the harvard corporation we now know knew about that before the congressional hearing and tried to cover it up and threaten media outlets to sue them, it's a disgrace. elizabeth: you know, charlie, these are no-brainer questions for claudine gay, and now harvard corporation could be probed for a cover-up. charlie, they threatened -- harvard corporation got a lawyer

who threatened to sue new york post reporters for asking questions about kay dean bay's -- claudine gay's plagiarism allegations. what are students saying about this on your campus? >> i mean, you know, i think it's too bad because, you know, you said -- i mean, the question was asked in a theoretical sense, but for jewish students at harvard, there's nothing theoretical about this. i was coming out of a class at the science center the other day, and students were chanting in arabic from the water to the water, palestine will be arab. what i want to say to claudine gay is students were saying from the atlantic to the pacific, america should be white, would harvard tolerate that? i think we know the answer in practice would be no. so i think really what it's about for students and especially for the jewish community is there or harvard stop having this double standard where it seems to really at best sort of stand by and watch while we have just regular are, daily anti-semitism on our campus. elizabeth: you know, charlie, this -- you're standing up.

this is about doing what's right. this is about moral clarity. this is about being clear about what is right and what is wrong. now it's bleeding into the media. the associated press, charlie, is now getting roundly criticized for reporting that plagiarism is a, quote, new weapon for conservatives. this is a plagiarism charge against claudine gay. the fact is harvard has rules. you are you are not allowed to commit if plagiarism period. so how are harvard's rules a conservative weapon? do you see that's happening here? >> yeah. i mean, i think that, you know, it's pretty clearly unfair. i think students recognize that, you know? i would advise your viewers to go online. the crimson, the harvard newspaper, published anonymous article by a member of the harvard honor council, and the honor council's job is to ad jude candidate incidents of plagiarism at harvard. and this anonymous member of the council basically said i've been personally involved in incidents where students are is -- have

committed an incident with the same level of severity as what happened with president gay, and they were suspended. and that was a permanent if mark on their academic e record. so i do think it's been frustrated to see the double standard with the people that represents our university. elizabeth: charlie covit, you're very smart. we appreciate you coming on. good to see you. >> thank you. elizabeth: happy new year to everybody. okay. coming up, we have economist ej antoni. we've got nancy pelosi's net worth is soaring while in office. we have a new report on how pelosi and congress beat the s&p 500 yet e again in 2023. they've got a sweet inside seat here on market-moving legislation that you and i don't have. but first, let's check in with our buddies dagen and sean. want to see what's coming up on "the bottom line." sean: hey, e-mac, happy new year to you. the flow across the southern border, it's not ending. 300,000 illegals have crossed in he's alone.

we have kat cammack, congresswoman from florida, here on that. as well as $34 trillion in debt, the great steve moore are -- will join us. dagen: tomi lahren is here to talk about, among other things, joe biden is going after president trump finally on that. and then ben ferguson on all those people who promote diversity, equity and inclusion, they're very upset about claudine gay having to resign. and she has a piece in "the new york times," just popped up. we'll talk about that and so we'll talk about that and so much more, top of the hour.en ♪ga! ♪ but now, you're really going to have to get those new dentures. after all, you need a smile that matches the moment. so this might be a good time to mention that aspen dental can create natural looking dentures in no time. just for you! and that comes with $0 down plus 0% interest if paid in full in 18 months. helping mothers of grooms look their best. it's one more way aspen dental is in your corner.

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elizabeth: okay, this d.c. controversy heating up again over alleged insider trading by members of congress. if they've got an inside look at legislation that will hit the markets. we've got a new report on wall street that finds democrats beat the s&p 500 performance last year by a sweet 7 points. fox news' aishah hasnie live from capitol hill with the story. >> reporter: hey. yes, democrats and republicans, both are beating the market year after year according to recent reports. and, elizabeth, you know, this app, the creation of this new app, is really a if you can't beat them, join them scenario. so here is how this new app works. you basically download it, and then you choose a lawmaker that

you want to copy. they have 45 days to dislose their investing -- disclose their investing moves. and when that information becomes public, the app replicates that lawmakers -- lawmaker's trade. there's even a tool for nancy pelosi. these are the folks right here with the top returns last year, that's according to investor wash doll -- watch watchdog group unusual whales. they say they made autopilot to pressure congress to ban individual stock trading. lawmakers are only allowed to trade on publicly-available information to avoid insider trading, but the law does not prevent members from sitting on committees or passing bills that might have an impact on a ap company's stock value, for example, which some think is a conflict. that is why there is bipartisan support out there for a stock-trading ban. >> americans are tired of this idea that people are using their

public office to make money and enrich themselves. >> is it classic insider trading? it would depend on the information that's available versus publicly available, but it sure is a question mark. >> reporter: the other part of this debate is if you do go ahead and ban stock trading, you might lose out on some good folks who will decide they don't want to run for congress. and, in fact, former speaker pelosi argued a couple years back that lawmakers should be allowed to participate in a free market economy. she wound up not bringing a ban to the house floor for a vote. elizabeth: got it. aishah, always great reporting from you. we we appreciate you. thank you so much. let's welcome back to the show from the heritage foundation, he's regional economics research fellow, he's e.j. antoni. ej, it's good to see you. so insider trading is not illegal in the u.s. unless you're a member of congress? >> well, apparently, liz. you know, chip roy i think really hit the nail on the head where he said it depends on the

kinds of information that we're talking about here. but when you have people who are sitting on sensitive intelligence committees or who have access to foreign data such as potential coming conflicts whether that's in israel or the ukraine and if these e people are turning around and doing things like buying stock in defense contractors right before they pass bills that's going to give those defense contractors billions of dollars? i'm sorry, but these kinds of things have to be looked into. and the big irony here, liz, is the fact that we are talking about people who have banned ceos and other high ranking officers in private business from if doing exactly the kinds of things that the people in congress are doing right now. elizabeth: you know, the big issue here is that members of congress are making directional bets and trades via what are called calls and put options. calls and put options are bets on the direction of a stock up or down. that can be closely linked to how legislation moves stocks,

e.j., and moves the market. should that be outlawed for members of congress? just look at the trades nancy pelosi and her husband are making. they reportedly pout shares of keruna therapeutics right before it was sold to bristol-myers squibb. that stock then doubled. nvidia call options in late november, reportedly e going to make capital gainings in the millions of dollars. again, nvidia's going to make money on the massive spending in the new chips act. this call option action that the pelosis did, it's their largest stock purchase in the last three years. >> right. and you know what, liz? i'm not sure that we necessarily need to ban stock trading, although e that would be a good start, but maybe the bigger lesson here is the fact that government is simply too large. when you have these people in congress who are throwing around trillions of dollars out of the public purse to influence if markets that have the potential to move stocks up and down by

giving handouts like you mentioned to these chip makers, that's the real problem here. we simply have government doing too many things that it simply if has no business doing. elizabeth: nancy pelosi's net worth, the family, she and her husband, it's soaring to nearly $115 million. open secret says her net worth is up $41 million since 2004. i mean, to make a lot of money being a member of congress in ways that the public allegedly doesn't see. i mean, the pelosis reportedly netted millions of dollars of profit, e.j., from buying call options on other blue chip stocks like salesforce.com or roblox or disney. they've made well-timed sales as well. i mean, so what we're talking about here is, and you're pointing it out, is what do you do about it? if i mean, this is -- we do not want voters to feel any more cynical about d.c. that they already do. again, the directional bets, calls and put options, that can

be linked to market-moving legislation. when they're making bets like that, these levered bets or these directional bets, maybe that's where you start. maybe say you can't do that. >> oh, verily -- certainly, liz, absolutely. it doesn't take a cynic to put two and two together here and to realize that there is, certainly, some insider trading, quote-unquote, going on. i mean, the fact is that you simply cannot, you cannot consistently have the kinds of returns that people hike pelosi do -- like moses do and somehow not be been fitting from information that's not available to the general public. elizabeth: got it. e. e.j., come back. >> my pleasure. elizabeth: coming up, former deputy assistant attorney general tom dupree. he's just the guy we need on this breaking news: former president trump filed an appeal with the u.s. supreme court seeking to overturn the colorado state decision, court decision to remove him from the 2024 state primary ballot. we've got the latest on "the evening edit" next.

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elizabeth: we have more breaking news, we bring in tom dupre. the trump team put out a statement on the breaking news that the former president did file an appeal with the u.s. supreme court. they want to overturn this colorado state court decision to remove him from 2024 state primary ballot. what do you think that the supreme court will do. how quickly will they rule on this. >> i think they will reverse the colorado supreme court decision disqualifies former president trump from ballot. one thing that all parties in this case agree that supreme court needs to move fast, this election is coming up soon, ballots are about to be printed, supreme court does not have luxury of time, it can't take us usual months or years, the justices understand the gravity of this issue. of them deciding this case,

i expect we'll hear in about a week or so they will take it, assuming they do, they will decide it quickly. elizabeth: supreme court does not want to be in the position of deciding an election, this push, how do you see it? we reported on how section 5 of 14 amendment says only congress can enact a law to do anything close to what they are doing. >> when we discussed this earlier, you put your finger on it that is important. it would not surprise me if that is the bases on which united states supreme court decides this case. they say, this amendment requires enactment through legislation by congress. and they have not done that yet what colorado supreme court did sun all of -- is unlawful, supreme court will be behwill be

-- mindful of establishing a rule across all of the states. i think they understand the needs to speak clearly and decisive lear. elizabeth: tom, interesting. let's get your reaction to the media's take on what is going on. watch this. >> the point i would say is that i actually agree with governor gavin newsom and david a axelrod, leading democrats, they say this would cause a division. i think this will create a vision a visual to people that it was a rigged election. >> if supreme court steps, you will have i hope, one ruling that sets the standard across the country, the danger here whether you loathe mr. trump, is that you have or might have proceedings in 50 states,

with different rulings from each, that is really untenable. >> i do not think that the findings that colorado or maine made switching back to the 14 amendment question, those were objective findings of fact. donald trump did engage in serious conduct, there is a solid basis for them he did adjudicate the 14 amendment, even if supreme court agrees. elizabeth: what the supreme court rules does not matter. final word? >> my final word, the fact that a lot of democrats are questioning what w colorado court did and are not comfortable with it, speakings volumes.. elizabeth: got it. >> tom, thank you so much, let's send it to dagen and sean, a jam-packed hour of news. dagen: thank you, emacki