craig:t that's all for this special edition of kudlow. i'm charles payne and thank you very much for watching. remember, have a wonderful president's day weekend. but first, elizabeth macdonald is up next. liz: is that you, charles, sitting there? charles: it's like the old days. i miss you. liz: i miss you. we should be hanging out more. take it away. joining us now, america first

legal jean hamilton and leo terrell. welcome, gentlemen. judge engoron orders them to pay $350 million. what do you think, gene? >> this is a fundamental miscarriage of justice and this alleges allegations of fraud in which donald trump has now been liable to pay $354 million but no one was defrauded. no one is out any money. this entire thing is a bogus sham investigation built upon the theory in part that somehow, some way it helps the business environment in the state of new york, i couldn't think of

anything more disastrous. liz: yeah, leo, the president banned as being a business opener in new york for three years and his sons banned for two ye year years and letitia js wanted a full ban for trump. >> yeah, no other business ever had this law applied in the manner and secondly, where's the correlation between the co--called liability and damages. there was no victim, no one was injured, people made money, and i will submit to you if donald trump was not running for president, liz, this case would

not exist. learfield img tisssupra aural headphones james ran on the preps -- letitia james ran on the case i'm going to get president trump. this was a political hack job and they knew he was running for president. liz: tom, we read through the court filings and read through this case. doesn't this point out the dangers of this obscure new york state law, it is very loose and associated press looked at nearly 70 years of cases here, found nothing like the size of this one. tom, couldn't an appellate court overturn or modify this fine as disproportionate? what's the restitution for? the state didn't identify any victim losses. the new york law doesn't require a showing of any victims or harm or damages so that anyone was defrauded.

what do you think? >> it can be a dangerous combination and this case illustrates what can happen and people engaged in what they consider ordinary business dealings and ultimately results in a judgment that probably will be north of $400 million with interest plus prohibition on conducting business. look, your question, i do think that trump defense team will have strong arguments on appeal. i think it's an uphill battle, no question, but i think they can argue that the judge fundamentally misunderstood what evaluation involves and he took an ordinary business agreement and made it a basis for 400 million judgment. even if the judgment of fraud stands and the amount is disproportionate and should be reduced. liz: stay with tom for just a second, gene and leo, i'll be back to you in a second. trump said his financial

statements had a 100% disclaimer non-reliance clause but the judge said trump can still be liable despite the disclaimers and manhattan da looked at same evidence and declined to charge trump. i want to read from the filing, tom, the judge said they're "accused only of inflating asset values to make more money. they're incapable of admitting the error of their ways and refusal to admit error constrain this is court to conclude they will engage in it going forward unless judicially restrained". he's saying they were fraudulent, we have to stop them. weariness going to really pound them. jaire yeah and a few interesting things going on here, liz. this sun like any other fraud case i can think of in the sense that it seeps to be a victimless crime. the banks themselves weren't

coming in saying they were defrauded or bringing claims. they often as a matter of discretion elect not to. letitia campaigned on this issue and she brought charges and the court of appeals will consider the fact there's no banks coming in saying they were victimized by the scheme and deciding whether the personality is excessive. maybe he overvalued and maybe e shouldn't have done it and does it warrant an extreme and you can usual and in my view a unique sanction. liz: what tom said, come in gene, hamilton, what do you think alaska the appellate court and what's the path going forward, gene? the new york law, the obscure law said you don't have to show a victim. what's the restitution for? >> it's apparently part of the

witch hunt and part of letitia james' persecution of donald trump because he's a political opponent. this $354 million that he supposedly is on the line for is about money that they say he defrauded this nebulous unknown entity that doesn't actually exist. the state was not defrauded and yet somehow the state is going to get, if they prevail, $354 million unjustly. any appeals court regardless and a number of grounds on which they can appeal and they'll overturn this judgment at the very least as to the amount of the fine. liz: got it. let's come back to leo terrell. leo, you were reporting out how new york state attorney general learlatish supra aural headphons james going after trump calling him a con man and a bright light into every dark corner of the real estate dealings. leo, judge engoron acknowledges no victim of trump's fraud.

there was no lodged complaint and no one claimed damages and what's the restitution for? ethnicity ethnicity >> there's a due process because of eb excessive nature of the se of the tram and there's precedence for this when the damages are so excessive it denies a individual due process. liz: stay on this. tom, take up what leo just said, due process violations here. could it go to the supreme court? >> yeah, it absolutely could and leo is absolutely right. there's a fairly robin lou bust body of law out -- robust body of law saying when the state

imposes a sanction on someone like criminal or civil like a fine, there's constitutional limits that come into play and that cap and limit the punishments you can take on someone and court haves to look at the record and conduct alleged and say is this worthy of an extreme sanction. liz, i point out that keep in mind the trial judge in this case imposed a more severe initial sanction by canceling business licenses and when that issue went up on appeal, the appellate court said not so fast and they put that portion of the order on hold. sending a signal to the trial judge he might have gone too far and that's why i think in today's order, he doesn't have any permanent cancellation but it's more limited two or three year cancellations. liz: stay on that for a second, appellate court pushed back because of obscure new york law didn't say that you can go ahead and cancel someone's business licenses or just void out their l.l.c.,s; is that right?

>> yeah, the court of appeals specifically froze that order stated it and held it up and it never went into effect and what happened here, liz, is that the trial judge saw the writing on the wall. that the court of appeals concluded he had overstepped initially in imposing too severe a sanction on tram and he walk it had back from what he wanted to do. what do you think about this verdict or decision? >> it's no jury, it's a decision. >> yeah, if i'm a business owner or an attorney in a big law firm advising business clients in the state of new york. get the heck out. it's time to leave and pack up and go.

this decision is only allowed to stand for letitia to decide she doesn't like you or something you stand for and can initiate and oversee and prosecute a bogus case against you and process of which will cost you hundreds of millions of dollars likely in cancel fees and other things and result in loss of business license to do business in the state of new york. you know what, pack up and go home. it's time to leave. liz: what do you think, leo? >> gene is absolutely right. what we're seeing is the republicanization of law. weaponization of law. i've been a lawyer for 30 years. what's happen asking historic and the democrats are saying we're going to use the power of the legal system to go after our political opponents and what gene has just said is what i fear that the party of power will use the legal system, which makes us so unique and special above every other country and turn into a banana republic and

go after opponents because you don't like them. not because of justice, because you just don't like them. liz: got it. tom dupre final word. when you saw the size of the fine, the allegations about inflated assets and fraud. does it match what they found in the what the judge and letitia is saying in the court filing? >> you don't have a bank standing and testifying saying we lost $350 million because of it. the amount of sanctions is ibram her honorly arbitrary. the thing to keep in mind here, liz, today's defeat for president trump is not the final say. this is the first step in what i'm confident will be a long appellate process as this case winds its way up through the new york courts and possibly ends either in reversal of today's decision or at a minimum a reduction in the amount of the fine. liz: think it goes to the supreme court?

>> there's a good chance. if this decision sticks, this is the sort of case that would get the supreme court's attention if they're not already exhausted by hearing all sorts of other election-related disputes by that tom. liz: tom dupree so smart and leo terrell and gene hamilton. thank you, gentlemen, for that story and breaking news there. the new york judge fined donald trump more than $350 million barring him from serving as officer or director in the state of new jersey for three years and barring him from getting loans in new york state at that time. congressman pat fallon and congressman gimenez and now reports with joe concha and white house strioing to top special counsel robert hur's statement about president biden's cognitive issue in hur's report before it's released. this as the white house is now going after reporters. and we have new gallop analysis

breaking news today and the gallop is analyzing what they found with covid presidencies and could have been headed for defeat and tonight the fifth and final installments of evening edits misleading america series. media watch dogs saying it's there and kit schism there and firing the fbi informant was arrested and going for the fbi and joe biden and hunter biden with bribery allegations and president biden finally visiting east palestine a year after the toxic train derailment. the residents saying don't use zuckerberg as a campaign stop. it's an election year. all that is coming up. >> initially at the time of the

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lyric today president biden goes to east palestine, ohio, a year after the train derailment spilled thousands of pounds of toxic chemicals. madeleine rivera live with more. reporter: liz, president biden wrapped up his remarks and holding norfolk southern responsible. we want to continue to hold norfolk southern accountable and make sure they don't make a call and it's left and going for the obligation. obligation i want the white house is down playing the timing of visit coming 5 54 weeks aftr the disaster and robust multiagency response after the accident and minutes ago the president announced six national

institutes of health grants to research universities to study the long and short term health concerns of what happened here and februaries have a lot of memories despite epa test and air, soil and drinking water are safe. several locals tell us they don't trust those tech athleticses and one wants for president biden to declare a federal disaster and norfolk southern dulled out over the last year. >> going for a lot of business owners and, you know, most residents haven't seen a lot of aid. like i know personally for me like the most aid i've gotten from forfolk southern is $-- norfolk southern is $1,000. reporter: the president is also using this moment to push for the cars and increase safeguards and carrying toxic materials.

liz: terrific reporting and you and your family live on the north side and your business is near the south part of the track. what happened to you and your family of business and what does that make of the president's visit? >> thanks for having me first of all, i appreciate it and for my family, that standpoint and we're being some of the tuning fork that our house wasn't really affected. we're very fortunate in that sense but on the flip side of that, my business, we had to move from february 3, you know, we had to quickly decide what was going to happen. there still aren't a lot of answers as to if it's safe or not. no one can answer that decisively and hoping that decision would come today. so my business moved from the

standpoint of funding like you played in that clip, some business owners are getting help. businesses like mine were promised a loan situation. after the situation, we got litigation involved, we had to move obviously 6.3 miles away from east palestine, and that disqualified us for loan consideration at that point. i'm glad president biden said if norfolk southern bunt make it right, the government will step in. hopefully we don't have to wait another 54 weeks for that to happen. liz: residents are saying don't treat us like a campaign stop and come a year later because you're check ago box because it's an election year. just two weeks ago the white house press secretary said the president would not take part in a "political stunt by going to east palestine". former president trump was calling it an insult that he waited a year and the former president went last year to survey the damage from hurricane

adalia and 13 days it took to visit maui after the wild fires and less than two weeks he showed up and it's been over 365 days for him to show up. >> yeah, we know what this is. call us whenever you want, we're not stupid people. we're educated people that understand that this is a campaign stop on the way to his november attempt for reelection. that's fine. there's been questions all over about him drinking the water all week. we don't care, we just hope he doesn't think we're going to drink the kool-aid he's serving. liz: dj, thank you for joining us. good to see you. >> thanks for having me. liz: congressman pat fallon from house oversight and fbi arrested about lying for biden allegations and oversight

judiciary committees and releasing a transcript from former hunter biden business partner tony bobulinski's it'll about selling the biden family brand and former house judiciary counsel julian epstein is here and on the white house coming down ahead of time and special council hur's statement's about cognitive problems before hur released his report. special counsel hur scheduled to testify as judiciary and pat 12, pat fallon coming up. trading at schwab is now powered by ameritrade, unlocking the power of thinkorswim, the award-winning trading platforms. bring your trades into focus on thinkorswim desktop with robust charting and analysis tools, including over 400 technical studies.

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kohler walk-in bath. progressive makes it easy to save with a quick commercial auto quote online. so you can get back to your monster to-do list. -really? -get a quote at progresivecommercial.com. liz: okay president trump will make remarks about the new york judge ruling to pay $365 million in the new york civil fraud trial and getting to the former president when he speaks and bring it to you live. now, the president biden in the white house are furious but zoj is defending special council

robert hur's report that noted president biden is some elderly man and diminished faculty and the doc's report and lucas tomlin son live with the white house. >> putting it mildly that the justice department trump-appointed attorney robert hur and mentioning the memory report and the white house firing off a letter saying, "we object to the multiple den grading statements about president biden's memory that violate long standing doj practice and policy". the justice department defended robert hur saying "the identified language is neither gratuitous or unduly prejudicial and not offered to criticize or demean the president but offered to explain the cross-questions about the president's state of mind in possessing and retaining classified information". how angry the president was when

facing the press hours after the special counsel's press was released. >> there's reference they don't remember when my son died. how in the hell dare he raise that. frankly when i was asked the question i thought to myself, it was none of their damage business. reporter: we since learned the special counsel never asked the president about his son beau. the president brought it up on his own according to officials involved with the interview and that f the president that had trouble remembering what year his son died. white house spokesman ian sames firing off a letter on them blasting reporters at white house and special counsel for them and mental fitness and sam said that the coverage distracted from the report and special counsel robert hur testifying before congress on

march 126789 liz: lucas tomlin son, you're always terrific. thank you very much. welcome back to the show former house judiciary chief julian epstein. the white house now, julian, they're in an all out war and attacking the justice department special counsel robert hur's report and new york time's report the white house is calming saying this is inappropriate that you're trying to get them to reframe the coverage. >> it's the old line of don't hang a lantern on your weaknesses. what robert hur did and special counsel did here was entirely appropriate and gave the report to the white house for a chance for them to preview it before it was made public, and the white

house rejected it and said if he's going to decline he needs to give a reason why. the mental state was the principal if not the prosecution and i remember when they were written and 1999 after the clinton impeachment and i was in the midst of it and it was very clear there was broad agreement if there was going to be a declamation of prosecution, the department of justice rules and mueller investigation and mueller made a lot of slams on president trump and then at one point when referring to the obstruction charges, mueller investigation says we can't prove that he committed a crime and can't common rate him either. exonerate him either. this is a bad fight for the white house and ought to let it go and move on.

liz: they reported that the president is asking why ag garland has not gotten the trump cases up and running and gone to trial by now. so when you see that and that context, what do you think of this white house? >> well, the white house is continually promised that it will not interfere in justice department proceedings and that said i have been very critical of this and i'm in a distinct minority amongst democrats. liz, i did not vote for trump in 2016 or 2020. but i think the idea that this justice department has waited not just a year for but the middle of the campaign season to bring these prosecutions and i just think it's completely inappropriate and the idea you've got a conflicted district prosecutor, da in manhattan

moving forward with the prosecution in the middle of campaign season and the guy that campaigned on going after president trump and letitia james campaign and was also completely inappropriate and you have the case in georgia coming all in the middle of campaign season, which sounds like law fare and democrats will rue this day. this will be turned around on them. liz: julian epstein, thank you so much. appreciate it. >> liz, good to see you. liz: same here. appreciate you coming on. we now have congressman pat fallon coming on. democrats in the immediate yay say this is a setback for biden impeachment inquiry and arrest and indictment before former fbi alex smirnoff and giving bribes and this is fbi1023 document that senator grassley was talking about this. what do you think? >> liz, start here.

>> there's so much more evidence out there to point to the fact that it has been involved with influence peddling and access. also just because doj that it's credible. liz: house oversight chair james comer issued an investigation into the impeachment inquiry and football games reliant on fd -- not reliant on fd1023 and bribery allocations of the

evidence and bank records and witness testimony and >> the thing we have is a $200,000 check that he received from his brother that allegedly is a loan repayment when it was on the day his brother got 200 and the next day he never did that and his son receiving money for the time and gave to joe. there's direct actual linkers and many whistle blowers before they testified that hunter biden used to say hey, do you want to get my dad on the phone and then

the brass company and got $400 million a year. liz: okay. the attorney is slamming house ranking oversight member jamie ranking and tony bobulinski and what what's he been testifying or saying. the democrats are really fighting impeachment. he's not worthy of the defense. >> all the evidence shown and it's also corroborated and never really contr contradicted and sg the brand and it was the first. liz: joining us is joe concha. joe, good to have you on. we have the fifth and final installment of our misleading

america series. media watch dog like politico worked through the years and, joe, what do you make of this and much of the criticism is about speaking definitively and reporting as fact, speculation and theories. people on camera, they make mistakes including at fox. but media watch dogs point out something else and preeved asking a sense that she can see the deeper forces behind the headlines and you can too as long as you watch your programs and much is reporting opinion as fact. speculation as fact. what do you think? >> yes, gossip as gospel and add to that. rachel is the most dishonest anchor on tv and that's really saying something. for three years, she used the steel dos you as basis to -- dossier to say donald trump was

with the kremlin and installed by the russians and was part of collusion. the mueller report common rated president trump and she's pushing this lie. she gets away and looks at fact checking sites like politifact and she's been fact checked once in the past nine years and she's worthy upon dunses ophidianses fact checks and she's liberal and many fact checking organizing are being attackerred like get out of jail free card. liz: things like repeatedly reporting vaccinated people can't get infected with covid virus when dr. fauci in a study he coauthored said, yeah, they can. watch. take a listen. >> the point of this is they colluded, they helped, they were in on it. what i have here is a copy of donald trump's tax returns. we have his federal tax return for one year for 2005. i believe this is the only set of the president's federal taxes that reporters have ever gotten

ahold of. we have these two pages, front and back. now we know the vaccines work well enough that the virus stops with every vaccinated person. a vaccinated person gets exposed to the virus, the virus does not infect them, the virus cannot then use that person to go anywhere else. it cannot use a vaccinated person as a host to go get more people. there's a reason that we and other news organizations have generally stopped giving unfiltered live platform to remarks by former president trump. it is not out of spite. it is not a decision that we relish. >> man is 80 years scold rides a bike. he is the ag and so it's a very useful approach and never found

that trump helped russia hacked into dnc or hillary clinton campaign e-mails. didn't have the trump tax returns and only the two pages and in seeing that you will not get sick from covid if you're vaccinated, that's been already disproven. take this on. >> yeah, liz, it's the priusness of what she's thinking and she went to oxford and do not question dr. madeau in this situation knowing if you're vaccinated, you can transmits to other people and get the virus as well and this is something that other bytes where she said joe biden is mentally fit because he rides a bike. if i can ride a schwinn i have the mental aqueuety to be the

commander in chief. it's a stupid argument from a very smart person. and the headline saying the russians hacked the 2016 election and nearly 75% of democrat voters believe that the russians actually did hack the 2016 election and has an impact with the audience and going with them being active on social media; right. in the election and the motor report did not establish again that members of the trump campaign con conspire to coordie with russia and did not conclude that the president committed a crime and it's not going to exonerate trump on obstruction and also identified a number of links between trump associates and russian officials and spies but you never saw that nuance.

joe, you never saw that what we just said as a coverage rolled out. >> no, we went right to the tram subpoena a puppet of putin and impacted and voting change and in the end, she'll be on msnbc for many, many years and working once a week and can we get that job? showing up on monday and i'm done. six day weekend, i'll take it. liz: maybe ride swing to the back. let's get your ryan higgins reat happened today and the coverage and former president trump is about to speak? just a moment about his nearly $355 million fine from new york judge engoron in that civil fraud case brought by new york attorney general letitia james. what's your reaction to what happened today?

>> i say, okay, $355 million going to be paid, what injured party is going to receive that money because the banks didn't file any claims against trump. real estate ask very tricky and my mother worked for years and tried to explain how properties were valued and it's subjective in terms of eye of the beholder and start saying that mar-a-lago is worth $25 million if you were to buy it. the tennis court maybe is worth $25 million. look at what properties are going for in palm beach, florida, these days and mar-a-lago, particularly with the trump brand attached and talking hundreds of millions with a property on the water and that large and that many bedrooms has that name is worth. i don't think the judge understood how properties are valued and this verdict comes down. they could win on appeal quite easily and going for the picture and doesn't change the needle one bit as far as votes against trump and makes them more of a martyr and doing business in new

york and three years and they want this kind of no injured party. we're waiting remarks from the former president from mar-a-lago on what happened with the new york judge fining him $355 million and $363 million all in when you include the fine against eric and donald trump. looking at live shot of mar-a-lago and donald trump and fani willis in day two of the hearing in alleged misconduct and abuse of taxpayer fund and fani willis. what did you make of her indignation on the stand and allegations she benefited financially from hiring her boyfriend. she was pretty mad. >> i couldn't think of bigger train wreck of a testimony and we've seen in -- ever. she comes out unexpectedly

wearing her dress backwards and that wasn't a very good start and then the facts are the facts and she paid her boyfriend, married boyfriend that never tried a felony case like this and more than $600,000 and then they took that money and went on vacations everywhere from napa, if you like gray goose, probably not wine tyes and there's no vodka tasting unless you want to end up in back of ambulance and cruises and staying in hotels in florida and this case is done. she may never work again quite frankly and how poorly things went and didn't see her testify today and she said look, this isn't playing well and the more you speak, the more of a chance you're not going to try donald trump and as far as atlanta case that appears to be done at this point. liz: yesterday, fani willis'

friend testified that, yes, their relationship between fani willis and nathan wade started in 2019. years before when the two claimed they started their relationship and that was effectively legal experts say lying to court and georgia accused of lying to a court. >> she perjured herself and one of her friends said it did according to her. her credit card and the somehow allowed to stay on the case is completely shot as far as the court of public opinion and by the way, to try a rico case like this where you want to get 18 people testifying on the stand, there's no way this is tried before election day and trump is elected then the case absolutely goes away. and fani willis gave us nice

entertainment and working on something else. liz: thank you for spending time with us on this friday afternoon and your insights. appreciate you, joe concha. have a good weekend. former president trump scheduled to speak in just about ten minutes. we're going to get you that shot live. this story coming in, texas border crackdown is intensifying and now this, three other border states, california, arizona, new mexico, now seeing a spike higher in illegal border crossings and pugh research is reporting that democrats disapproval of the border crisis at worse levels than president biden's terms and president carlos gimenez will break it down next on "the evening edit". >> what's happening at the border, everybody, we try to make sure that we -- as it relates to unlawful crossings,

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are similar to those for losing and cabinets, what do you think? >> i think gallup is right and the only reason the administration is taking a look at the border because her taking a look at the polls and his own party is ready to weigh from his policies. now all the sudden we have a problem at the border. and it's the republicans fault. even though we the republicans have been telling joe biden for three years they have a problem at the border and you need to

fix it, now he needs to flip the narrative and say it's our fault, you can't fool people and fool all the people all the time, the american people know exactly how we got here because of joe biden, alejandro mayorkas' policies at the border. dagen: also this new poll 49% blame president biden a great deal for the senate border built luncheon bill failing versus 39% of voters blaming trump. 50% of democrats in a new poll thank president biden, democrats say he is not would be the nominee. university of michigan paul trump has a 20-point lead over biden on the u.s. economy, 42% versus 31%, are they getting a wake-up call? >> i think this is been heading in this erection for some time. even the legacy media cannot

hide joe biden not long, his failings are showing up and people are finding out more and more people are finding out how bad president biden is, the troubles that america is around the world, our border is a mess and the pullout of afghanistan, we have complex all over the world, our standing has been diminished all over the world so inflation is through the roof, the cost of everything has gone up and up and you cannot hide it you can only hide it for so long now all the chickens have come home to roost and now you'll see it in the polls, the problem for us, our the democrats going to allow this disaster to happen to them or are they going to change horses here upstream and that is open for debate, we will see what the democrats do, i think the democrats are not dumb, they can see what they're heading

into. i would not be surprised if something happens that is no longer the nominee. >> it's rare for a party to change horses midstream, lbj had the nighttime address saying i will not seek reelection, i'm not sure if that is going to happen. the senate bill was flawed it would've taken away u.s. states powers, states like texas, their power to fight against bad policies in court, it would guarantee a steady stream of 2 million border crossings annually and that's when obama white house said those levels were a crisis. it would put the u.s. border governance at the discretion of the ideologically compromised d.c. court system, that is where the complaints would've funneled through is a d.c. circuit court, what did you think of the media coverage, did they pick up on that? >> no they didn't, the 2 million

immigrants allowed legally, that was a minimum there was a whole bunch of exemptions that the media did not cover so the number would've been quite higher. , i don't think the media covered it very well, it wasn't going to go anywhere here in the house and it died its rightful death in the senate where it should have died, i'm sure there's good well-meaning republicans who are part of that but i think that they didn't know exactly what was being said to them and i'm glad that it died in the senate and we never got here. >> thank you for joining us as friday night, good to see you. follow us next week, join us next week, darrell issa, bill mcgurn, i am elizabeth macdonald. thank you for watching "the evening edit" now it is time for dagen and charlie. good to see yo