has been some flaws but what company won't have flaws? does any u.s. airline want to put all their business with airbus? next story them will have a problem. this situation with boeing is little like exxon with valdez, union carbide, bopal, sold j&j with tylenol. make a big mistake to the long-term growth off the table because of the short-term problem. liz: quarter to date boeing is down about 19%. some would call that, like david, a buying opportunity. so good to see you. >> thank you. liz: my friend, david dietze. here we go, the dow and the nasdaq are heading toddes friday with a -- toward friday a three day win streak. [closing bell rings] s&p 500, 4999, too close to call, will it do it? oh, my god, stay tuned. "kudlow" is next. ♪ larry: hello, folks, welcome to

"kudlow", i'm larry kudlow. the breaking news, robert her on joe biden's mishandling of classified documents. peter doocy has the latest. peter, what you got? >> reporter: larry as president biden gets ready in a few minutes to campaign in northern begin were the voting public is getting the first look the way he mishandled classified information. we have a bunch of photos. there are some damaged cardboard boxes in his delaware garage. one is between a folded dog crate and a dog's bed but there are going to be no charges and part of the reason is because the special counsel writes, at trial, mr. biden would likely present himself to a jury as he did during our interview of him as a sympathetic, well--meaning elderly man with a poor memory, and that has the white house's special counsel really steamed. they're now saying we disagree with the number of inaccurate,

inappropriate comment in the special counsel's report. president's personal lawyer said the special counsel could not refrain from investigative excess, perhaps unsurprising given the excess of current political environment. they are say this was willful. president biden wants credit for this interview where the government is basically saying he was determined to be an unreliable witness. the president himself just told us i was to determined to give the special counsel what they needed i went forward with five hours of in person interviews two days of october 8th, 9th last year. even though israel was just attacked on theth. i was in the middle of a international crisis. we're told this afternoon, president biden will soon put forward new measures to safeguard america's national secrets. when i asked him about this in some of his only public comments on this topic, still he hasn't talked on cam are about it today he insisted he was taking care of the documents. listen to this.

classified material next to your corvette, what were you thinking? president biden: let me, get a chance to speak on all this god willing soon, but as i said earlier this week, by the way my corvette is in a locked garage. not like sifting out on the street. >> reporter: so it wasn't in a locked garage. president biden: as well as my corvette. >> reporter: special counsel was not satisfied with that answer. they when and looked into the garage. even though bringing no charges this is a very embarrassing report for a president in his 800s running for re-election particularly there have been multiple headlines this week challenges he has had with his memory while campaigning. larry. larry: indeed. peter doocy we appreciate that update very, very much. folks, my comments on this briefly, to me sure looks like a weaponized, two-tiered justice system where donald trump was

charged with 40 criminal counts and joe biden charged with being a quote, sympathetic, well--meaning elderly man with a poor memory, end quote. oh, by the way, no criminal counts against biden. in the robert hur report here is one of the conclusions, let me quote. still in a case where the government must prove that mr. biden knew he had possession of the classified afghanistan documents after the vice presidency and chose to keep those documents knowing he was violating the law, we expect that at trial his attorneys would emphasize these limitations in his recall, end quote. one report goes on to say, mr. biden's apparent lapses, failures in february and april of 2017 will likely appear

consistent with the diminished faculties and faulty memory he showed in answers, interviews, recordings and in our interview of him. so, i ask, why was former president trump charged while former senator and former vice president biden not charged? here's a key point. trump as president had the authority to take documents with him and then hold them in safekeeping in his possession. biden as senator and vice president had no such authority. he broke the law. now as far as sloppy handling of classified docs my first point is biden shouldn't have had the docs in the first place. my second point is mr. trump may have been guilty of sloppy handling but no one can no for

sure because it's all hearsay but if he waved some document in front of a visitor he didn't let the visitor read the document, nor was he ever selling documents to foreigners. all these are reasons why this whole jack smith special counsel indictments of trump is a political hoax, a politically motivated attack to prevent trump from winning the election while serving in jail for 700 years. you can bet all this lawfare, sabotage against trump was ginned up right smack in the oval office and passed down the merrick garland justice department, just like the bogus new york and georgia cases. look we can also bet that while mr. hur and his superiors in the justice department and white house may have not intended any problems with this report, of course they tried to minimize the significance of any

problems, the reality is this report blows the lid off of the trump charges and the biden illegalities. now about one year ago i interviewed former vice president mike pence shortly after the trump classified docs attack again and here's what the former vice president said, please take a listen. >> as a former vice president joe biden had no authority to declassify documents or to retain them in his, in his possession. larry: so there you have it. no authority to declassify and no authority to keep those documents in his possession as a former vice president. i tell you what? it would be nice to hear some other former vice presidents, presumably with their memories intact to back up what mr. pence said but the fact that mr. biden doesn't have all his marble as

the hur report clearly shows is no cause to let him off the hook. the fact that joe biden on down is trying to sabotage this presidential election through a phony, undemocratic, unconstitutional lawfare campaign is an absolute disgrace and this is my view. all right, we're going to talk about this breaking news. we even have some budget breaking news, seems rather mundane although it damages our economy but let is bring in kevin mccarthy, great friend, former house speaker, kevin hassett, former chair of the council of economic advisors under mr. trump and distinguished fellow at the hoover institute and the author of "the drift," stopping america's slide to socialism. gentlemen, thank you for this. obviously we have to @attend to the breaking news and i want to go to speaker mccarthy and get your first takes on this, kevin what do you think? >> well i think you said it

right in your commentary, there is a two-tiered justice system. what has come out in this report these are the actions that have to be taken. jack smith should drop any movement against president trump, clare, it is fundamentally different. you know it is politically motivated. how can they move forward? second, this is different as president biden when he was vice president but there's a point i want to emphasize even greater that you brought it up, i was part of the "gang of eight." i would get classified documents. at no time could a member of congress or a u.s. senator ever remove one of those classified documents from the scif. if you removed it from the scif, right then you knew you were breaking the law. he had that document all this time. and the third thing that i think should be most concerning to every person in america, i don't care if you're a democrat, republican, whatever, this

specify that president biden is not up for the job. i have personally witnessed this in the oval office experiences with him. he is not at the capability of doing this job. he talks about, he went to this hearing when israel was attacked. he put a lid on talking to the world as the free, as leader of the free world when we were having war break out. you cannot do it at that time. his greatest challenge for re-election is something he cannot fix, his age and right now they just wrote a report telling you that they can't charge him because they couldn't hold up that he could even prove it and he is president of the united states today. he shouldn't even think about running again. larry: kevin, i just want to emphasize that, with respect to the report, because the report says that particularly with respect to classified documents around afghanistan, the report says clearly, that biden knew

that his retaining possession of those documents was illegal. it says that right in here. now how that can go uncharged, look i know the report says biden didn't have, doesn't have all his marbles. i think almost everybody knows that you just said that again, okay, i get that. the nicest guy i know, kevin hassett probably would agree with that too. bring him in one minute. don't think you will get off scot-free today, kevin because you're not. how can they bust trump, how can they bust trump who had the authority for possession, okay and not go after biden? already, if you're going to leave biden alone, because he doesn't have his marbles, he is slightly senile, how the hell do you go after trump? why don't you drop the charges too? even-steven, easy piece sy, take both off the table because it was a scam to begin with. sorry. >> larry, remember this, how did they go to take the documents? whether they went into mar-a-lago, instead of calling.

president biden: trump they went the fbi rolling, went through melania's clothes, tried to break into safes, they did everything they could. now we're finding out even when you go down to the court case in atlanta, why were they meeting in the white house before they charged the president? it just shows the political, what they're going after president trump on, they're weaponizing the doj. it shows this, but also we know this president just in the last couple days has told us that he has talked to people that were foreign leaders that had died decades before he just met with them. larry: that is very bad. >> what does it do to the weakness of the country? we now know we have a weaponized system, proven. they're using it try to get president trump not be able to run for office again. they acknowledge our current president doesn't have the mental capabilities to even be tried even though knowing what he did was illegal.

that's fundamentally different than what they're trying to go after president trump on and it is just appalling that this is all happening in america and this one report proves every single point we've been trying to make for the last four years. larry: kevin hassett, you saw all the classified documents, you had access to the morning cia, dni briefings as i did, stuff that went right to the president and the vice president but we weren't allowed to take anything out. that stuff had to go back into the scifs under a locked box. my ladies up on the second floor would nag me to death to make sure we weren't doing anything illegal. there was nothing, you could say i didn't have all my marbles then, maybe so but my ladies had their marbles they wouldn't let me do a darn thing. i don't see how a sitting vice president, by the way as a senator, he took stuff out as a senator. there is no law that says senators can take possession of classified documents, that goes right into the archives, if he

wants to read them in the archives for his book or whatever he does it in a scif. anyway, kevin you went through something similar. what do you think? >> i will say three quick things. the first thing is, that you remember my friend joe sullivan who worked with me, he had the same clearance you and i did but a young guy with a really sharp mind. he was always with me when i was looking at classified documents to make sure i didn't make a mistake or pick up something wrong or anything. it is so serious, a serious felony if you do something wrong with that. the second thing i want to say is this idea that president biden is not mentally capable i want to say i had lunch with him when he was vice president and he was always very charming and very with it and the fact is, that he has got these documents that he had to have taken at a time whatever he is doing right now, his mind was sharp. he was a guy you could talk to and really interesting and fun to have lunch with. the point is just shows the logical flew flaw of these people looking for a excuse.

shouldn't the state of mind back then be relevant? did he know what he was doing when he put it under his shirt? the final thing, is this recipe for the russians to send absent minded 80-year-olds in to steal our classified documents? they don't have to worry about criminal charges? is that what the justice department is saying. i don't think that makes any logical sense what they have done day, me thinks, kevin, far too much is laid off on his memory, lack thereof, not enough on the actual legalities of the process of reading and using classified documents. i think they're milking this memory thing for as much as they can. by the way, inside of the report there are sections in the report, i haven't read all of it, i heard a lot of news bit, basically say trump is going to win, biden will go in front of a jury be this kindly old man who can't remember a thing, they will let him off, so there was no point in charging him with any indictments. to me this is not a real justice

system. you know, kevin, i made this point, america is broken and part of america's being broken unfortunately is we have a broken justice system, okay? you mentioned this earlier. we talked about this, you and i, down through the years and during your speakership and so forth this place is broken. the fbi is broken. the cia is broken. the department of justice is broken. the border is broken. the economy is broken. i was going through some of these new cbo numbers. maybe producers give me an extra minute or two i will but all that is broken too. people want it fixed because, kevin, this is still the greatest country in the world. people want this america broken fixed and they want it fixed right away. >> you're 100% right. you know we created taking the majority the weaponization committee. we went back to what has happened in the '70s, look where this power has been absolute power corrupts absolutely. we watched what they have done,

the fbi, doj, going after americans, going after their political rivals, to try to rein that in. you brought up the cbo number today. in the first nine months of this year, new majority we passed hr.1 would make us energy independent. the border security bill that would secure our border sitting over in the senate. parents bill of rights. but when we did the debt ceiling we were actually saving more than $2.6 trillion. that is the biggest savings ever. but we only got to look at a little bit of the budget because of the president. we have a debt bomb coming which you two men know better than anybody else. if we want the america we know we can be, that shiny city on the hill, we have to take a serious look at that to make sure the next generation has the same opportunities we did. larry: by the way, i was so happy to text you this morning, they have now scored you as 2.6 trillion. lower deficit from the so-called debt bill that you passed. >> yeah. larry: unfortunately a few crazies didn't want to reward you for it.

but water under the bridge. >> they punished me for saving 2.6 trillion. they voted against it. larry: i thought -- >> in nine months. think if they give me full two years. larry: turns out cbo gave you 2.6 trillion. kevin hassett you look at cbo numbers, you and i said, talked about this, economy stronger last six months than anybody thought, mea culpa, but the fact it was driven by government spending. spending 50 year average is 21% of gdp which is a good way of looking at spending, 21% gdp. by 2034, 24.1% of gdp. that is the biden basically. total deficits the 50 year average is $3.7 trillion deficit which is bad enough, okay, i get that, by 10 years, 6.1 trillion deficit, the debt held in public hands has gone from 48% of fdp

to 116% of gdp. a lot of this, most of this, has come in recent years. you had the 1.9 trillion save america bill we didn't need in march of '21. in august you had a trillion dollars infrastructure. in august of 22 you had phony named ira, which by the way reestimated several times now, will be over a trillion dollars. in between that a bailout of semiconductors for 300 billion. kevin, i don't care whether, if you're an honest keynesian or an honest supply-sider or someplace in between you know with an unemployment rate, whatever, 3.7%, and inflation still above target, you should not be running this kind of spending deficits and borrowing, if you're an honest keynesian, honest supply-sider i would think you would agree with that? >> right, sure, the bottom line there is a very reliable

relationship between extreme deficits and economic growth. and if you take the carbon, or reinhart rogoff work map it to what we're doing right now, you should expect growth if we don't fix this maybe percent 1/2 a year-lower because of this runaway spending. the speaker and i were just at a conference together in a conference in florida couple days ago, something you asked me on the economy you got really wrong on covid, we passed all the bills with unanimous consent you and larry and speaker were instrumental developing, one mistake we made we didn't envision people would keep spending money during the emergency. we should have put in a supermajority requirement if you don't go back to 21% or something you need more than 2/3 of the house and senate. if we had done that, i didn't think, did we think this spending that we spent because we had a 32% drop in gdp would stay? but spending hasn't gone down

even though covid is down. larry: we should have waived the payroll tax instead after lot of spending. you wanted it, lindsey wanted it, laffer wanted it. i think potus wanted it. we never got it. i have to sign off. kevin mccarthy i know you don't like it, you would tell you you would make a great chairman of the republican national committee. you don't want it. i understand that. i love you. you are such a great resource for the country as well as the gop but i somehow hope somewhere, sometime you will be back in play. thanks for coming on this show today. kevin hassett, you're a great sport. we appreciate it very much. >> thank you. larry: folks we have the rest of the show. we have a lot of stuff to talk about in addition. the senate, for example is pondering now a foreign aid bill, ukraine, israel, taiwan, that won't have any border security in it, all right?

the border thing seems to be dead. now i see the bidens will use, guess what, executive orders, which we said all along all they needed. they didn't need legislation. they want a open border, not a closed border. we'll have missouri senator eric schmitt will weigh in on all, much more next. i tell you what, this justice system is broken. the bidens have broken it as badly as anyone has seen. i can think of one guy who can fix it. his name starts with a t. i'm kudlow. we'll be right back. ♪.

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larry: the senate border bill, biden border bill is dead but they're talking stand alone foreign aid bill. let's see, our own grady trimble will give us some of the latest non-eventful details. what have you got? >> reporter: larry, senate majority leader chuck schumer stripped out the border components of the bill that failed yesterday. putting forward a new bill, with just the money, $95 billion in total for ukraine, israel and the indo-pacific. the senate voted today 67-32 to open that up for debate. one of the main concerns for republicans this senate bill includes 60 billion more dollars for ukraine on top of the 113 billion in aid it has

already gotten and they are worried where that money is going. inspector general report found a billion dollars of weapons sent to ukraine has not been properly tracked and remains delinquent. senator jd vance, house oversight chair, comer and whole bunch of republicans have this to say, it is vital that the department of defense to insure weapons and other forms of security assistance are used for their intended purposes. that they do not fall into the hands of our enemies and the risk of waste, fraud and abuse is mitigated. as far as that senate foreign aid bill goes, some republicans have signaled they might want to make some changes to it, maybe add back in some provisions related to the border. chuck schumer said democrats are open to a fair and reasonable amendment process but larry, it's not clear whether the two sides can come together to pass it. they might have to stay throughout the weekend and potentially beyond to get

something done which is what chuck schumer says he is going to have them do. larry: thank you very much grady trimble. we appreciate it. for a little bit more on this, let's bring in our friend missouri senator eric schmitt. senator schmidt, welcome sir. now the border thing is dead, we go on to ukraine, israel, taiwan and so forth. what is wrong with accountability, financial account ablity? the other point, senator, it bugs me, should there be a diplomatic off-ramp of some kind here they continue to dodge because it looks terribly like a stalemate. i don't want to leave the ukrainians high and dry, but gee whiz, there has to be something else to all of this, what do you think? >> a lot of us are having that question for a long time, larry what is the likelihood of success, what is the plan, what does victory look look like, what about oversight, our european allies, a lot of that is dismissed people want to get the money out and just willing

to do about anything to do it. americans see what happened this week, this border bill that was fatally flawed it was a total disaster, it rightfully, went away, literally the next hour chuck schumer brings up ukraine. americans see unwillingness from democrats to secure our border but willingness immediately to send 60 million for ukrainian border. this is total disconnect what real americans see and feel and concerned about. look, we're on it now. they got 60 votes to move forward on the bill. hopefully we'll have a robust amendment process that can affect it but i don't know that will happen. this obsession with ukraine or bust without any questions asked is total disconnect from where most americans are at. larry: senator, we are always short because we had this breaking news, but i want #-d to give you a whack at the breaking news with respect to the classified documents report on joe biden which to me looks like

a big weaponized hoax, sabotaging the election, what do you think about this? you're a former missouri ag. you're now a distinguished senator. what you do think about this? >> larry, look what happened today. we had oral argument at the supreme court on this ridiculous colorado effort to take president trump off the ballot. hopefully that is a 9-0 decision. supreme court should speak in one voice. democrat are the obsessed taking trump off the ballot sending him to jail for the rest 6 his life which is ridiculous. then you have this case where people see this two tiered system of justice. not to bury the lead, i'm sure you talked about it, will talk about it, one of the most shocking things coming out of the most surprising things, the reason why, not like they said he didn't do anything wrong, that he is mentally unfit to stand trial yet he is running for another four years as president. it's ridiculous. larry: that's a great point. kevin mccarthy made that same point. it is a terrific point and it has to be point has to be a point made over and over again.

the other thing trump didn't violate the law. presidents are allowed to take documents out in their possession, presumably safe keep it. biden is not allowed to do that. vice president, senators are not allowed to do that. i have 30 seconds left. what's up with that? he broke the law, biden but he is getting off because he doesn't have all his marbles? >> i'm on the armed services committee. when we go in the scif i can't take my phone in there, certainly can't take anything out of there. joe biden as senator or vice president, taking documents open in a box in a garage his son is live inning that same house who is compromised potentially by ukrainians and chinese. this whole thing is out of a terrible movie but they will let him go. it is joe biden and his department of justice. americans sigh that what it is. it is banana republic style lawfare. larry: the system is broken. people want it fixed. senator eric snit as always, we appreciate it very, very much. folks we'll be right back. we have a hot panel, liz peek,

tammy bruce, alex, we'll talk more about this documents case. why is donald trump picking up a lot of black american support and why is he winning with his hispanic-americans? all very interesting. maybe trump's the guy to fix the system which is badly, badly broke. i'm kudlow. we'll be right back. f ♪. or he's let his own maintenance take a back seat. well maybe it's time to shift gears on that. because aspen dental has the latest technology and equipment. with a staff that goes out of their way to provide exceptional care. plus free exams and x-rays for new patients without insurance and 20% off treatment plans. making it easier to get started with quality care. it's one more way aspen dental is in your corner.

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♪. larry: all right, we're going to warm them up here, heavy political panel, liz peek, syndicated columnist and fox news contributor. we welcome alex lace, host of the first class fatherhood podcast, we rewelcome, tammy bruce, the great tammy bruce, fox news contributor. alex, you're the newest of the new, and we're glad to have you. on this report, what was the phrase he doesn't have his marbles? >> he lost his marbles. larry: he lost his marbles our dads used to say to us in the 1950s and 1960s of a certain age, that is what the report says they're letting him get off

because he doesn't have his marbles. >> right right now the house should write up articles of impeachment, stay this report to those articles. proves two reports that republicans are making a long time. one there is two-tiered justice system. biden has lost his marbles, biden shouldn't be president of the united states. larry: number two is crucial, tammy this is campaign ad for trump. cold light of day you. >> can't dismiss it as partisan rhetoric, right? this comes from a separate entity saying, i think in rather unique way repeatedly this is a man who does not have all of his faculties. this would appear to be a jury to be sympathetic because he is elderly and just doesn't remember things and yet this is still the, president of the united states who expects to be reelected. i think that is what is important, it confirms to the american people that what we see is a problem, that there is a

cognitive issue. that he didn't remember when he was vice president or even significantly when his son died. so you might have problems with memory as perhaps many of us do. you remember dynamic events and situations like the death of a son, or who woulder to forget the years you were vice president? i end with this, value of biden being president was in his experience. if you can't remember that experience then there is no value and it's dangerous. larry: that's a good point. >> okay? like you popped out of you know, the ether from leprechauns, there you are. that experience should lead to something, understanding world leaders, but you just don't remember. larry: what good is experience if you can't remember it. >> that's correct. larry: liz, what good is experience if you can't remember that senators and vice presidents do not have the authority to take classified documents with them? >> yeah. larry: if they want to read it for their book and so forth,

even take notes be, it goes to the national archives they read it in a scif. they don't read it in a garage. they don't read it in their corvette. this guy must be stuffing his socks, senator, that's a new one, senator. >> i read the executive summary. i didn't see anything in there with the penn center documents or his time in the senate, yes, that is completely illegal to take anything out of the congress and out of the grounds of the congress if you will if you're a senator. i don't know what happened to that. i don't know what happened to all that investigation. i think we have yet to hear that but i have to say this is the most hilarious outcome, basically he is off, he is cleared of any charges but the reason he is is so deeply offensive to the president he almost might prefer to have been charged by robert hur so that he could, he is not portrayed as he is in this document as a man who couldn't possibly defend himself and who a jury would find, which means in other words, there are

things a jury might take into consideration, that he really wouldn't be able, he would be sympathetic because he is doddering old man. wow is that explosive. larry: the report kind of says, trump's going to win and biden would have to go before a jury. >> that too. larry: but we can't send him in front of a jury because he won't remember anything. hang on. stick around. we'll bring edward lawrence in. looks like black and hispanic voters are fleeing biden, president trump, our own edward lawrence at the white house with all the details of some very interesting new number. edward, what have you uncovered? >> reporter: larry, we know the poll numbers are going the wrong direction for president joe biden. specifically talking about economic polls going against "bidenomics," but we're seeing a new polls on ethnic groups slowly coming out he is not getting the support he had gotten. recent "gallup poll" showing support from black and hispanic voters falling past three years, down 20% in the black community, down 12 points in the hispanic community. the president reaching out to

the black community in a event kicking off black history month? >> i am president and kamala is vice president because of you. you had my back. we had your back and always will. kamala talk abouted american history which is black history. heroes known and unknown who inspired a nation. >> reporter: the but the problems might boil down to finances. researchers say the black community feels the wealth pinch. a new brookings report shows the wealth divide among ethic groups widening over last few years, overall wealth in the black and hispanic community is rising is not back to the 2019 levels. >> we're seeing widening of the racial wealth gap largely because we're also seeing booming home prices and booming stock market. white americans are much more likely to invest in the stock market and much more likely to live in high valued homes.

so they're really benefiting from the upswing in the economy. >> reporter: when people and groups feel poorer they look for someone to blame. under the current policies they're looking at the guy sitting behind me at the white house. back to you. larry: edward lawrence thank you very much. let's bring our panel back in. alex lace, just, why is this? it seems like working class folks in general may be suffering from an affordability crisis. they don't own homes. they don't own stocks and so forth. they live paycheck to paycheck, is that what is going on here? doesn't matter white, black, hispanic, women, young, old, is that what is going on here? >> we're all feeling the effects of biden's economy right now. we would like to forget about everything like biden's forgets about everything we would like to forget about his presidency. biden told black america if you don't know don't vote for me but trump you are not black.

for the hispanic community, it makes sense all illegal hispanic people coming into the country, judgment be the line, when you have hispanic families here trying to bring them in legally. it makes sense the numbers are going against biden. larry: the open borders, biden, socialists wanted so much is backfiring, is that what is going on here? >> everything is backfiring. they don't think the next day. impact of winning that cycle or winning the next day. when it comes to feelings, this is so close to the trump administration. it is not a generation paying the rent or paying a mortgage or raising the kids. it is the same parents and they recognize as the reporter noted that they are looking for someone to blame. it is because there is someone to blame. this is about policy and leadership. this is not organic. it is not just the way that is naturally goes. so they do know where to point and they know it is biden's policy issues that made them poorer, that expanded the wage

gap, that is in part because of the border and people coming in, working for lower wages. you will have that decline. the brookings comments this is about who own as home and who is in the stock market. larry: that is really something. >> you had the opposite with donald trump. more people had more money and were investing and spending. larry: but income and wealth gaps were supposed to evaporate under the progressive miracle, what happened? >> them actually narrowing. it is not only economics but talk about crime. who is hurt by high crime? it is not park avenue, all right? it's the black community and the hispanic commune. to tammy's point the border is a disaster for hispanics. i wish someone, when the hispanic democratic caucus comes about complains about the cutting down on asylum and so forth, why doesn't anyone ask those people are you in those communities? because i hear from hispanics people that live around new york city in hispanic communities. guess who is basically taking over their communities with

drugs and all kinds of crime and everything else? they're not happy about it. forget the low wage thing. i don't even think that has shown up yet. i think it is all about life and safe streets and things like that, biden has completely, utterly ignored and these people very simply, larry, these peoples lives are worse off than they were. larry: i think biden has forgotten buts he doesn't have his marbles. he made the promise. >> all that experience. larry: liz peek, tammy bruce, and alec lace, i should have a straight face but it is not that easy. coming up here on "kudlow," amid, amid all this discussion the supreme court really should rule 90-to keep donald trump on the ballot. i have a feeling jonathan turley will agree with this non-lawyer. mr. turley is up next on "kudlow".

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did you hear anything this morning? >> there is a real opportunity hire for a unanimous vote, if these questions reflect the thinking of these justices. the only person that was a bit of a holdout was justice sotomayor. so we may be looking at unanimous or near you unanimous decision if this trajectory holds. the justices were skeptical across the idealogical spectrum. it put a lie to much of the coverage that said this is a well-recognized theory and only thing to stop it is this cabal of conservatives. most of the toughest questions were coming from the left of the court and i'm happy to see that because this is not just a novel and unfounded theory, it is a dangerous theory. larry: yeah, absolutely. i mean just one more on this. these are efforts many people have written including matt taibbi, he is not a man of the

right, if anything he is a man of the left, efforts to sabotage this election and that can't be good for democracy, it just can't be. >> that's right. it was interesting when justice jackson said, will you at least admit, this is to the proponents of disqualification, will you at least admit this is am biggous, if it is ambiguous, why should i read it in a anti-democratic way? it was like getting hit with a two-by-four in the middle of that oral argument. larry: terrific jonathan, the other one on the classified documents report, special counsel hur, the way i read it we can't blame joe biden because he doesn't have all his marbles. you may have read it in a sophisticated analytical way but that is the way i read it. >> i have to tell you this report is a serious disconnect. it is disconnected from the standard for charging and i think that's why they emphasized a jury would find him very

sympathetic but what makes him a sympathetic criminal defendant would make i am a perfectly horrible president. they're saying he has diminished faculties, can't remember basic facts but then sheds more light on the charges against trump to what extent was that based on the fact that he would be less sympathetic? it is easier to convict him in washington, d.c., or in florida. there is a lot of questions in this report. it is very damning but the disconnect with the standard is somewhat alarming. larry: yeah i couldn't agree more. i'm probably biased, jonathan. i think it sabotage, two-tiered justice system. this report did not help joe biden. you're right, there are serious disconnects. i call it losing your marbles. that's why you're a constitutional lawyer and i'm not. anyway, john that are turley, terrific to give us your time.

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