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breaking news night. tonight america is seeing ultimate in election interference as four unelected state judges all appointed by democratic governors have ruled donald trump must be kept off next year's presidential ballot. colorado supreme court wrote that we conclude because president trump is disqualified from holding office of president, it would be wrongful act under election code for secretary to list trump as a candidate on the presidential primary ballot. the secretary may not list president trump's name on the 2024 presidential ballot nor count any write-in votes cast for him. the suit focused on section three aimed at barring confederates from federal office who engaged in insurrectionist

behavior or rebellion. case was spearheaded by citizens for responsibility and ethics in washington. that is great. the trump legal team will need to move fast and appeal to supreme court of the united states. the decision of the colorado supreme court and stayed or delayed until january 4, key deadline in being able to qualify for the ballot. here to react is jonathan turley, law professor at gw university. jonathan, to think four unelected state court judges could conceivably end up determining the presidential election is something i think most americans are just shaking their head saying this can't be the united states. >> jonathan: it is striking. the court faced a series of

barriers to get where it ended up, most sweeping, broadest interpretation to get over every one of the hurdles. throughout this opinion, it had to adopt interpretation that could encompass wide array of statement, true threat precedence to show you can view what trump said as encouraging insurrection by looking at stuff he said at other times that allowed them to reach this conclusion inform my view, the court is dead wrong. this is the first major win for these challengers. they have gone to a number of blue states, this is one of the bluest supreme state courts you can get to. even with that, it is split. the opinion is chilling and i think the supreme court will make fast work of thisser

thatty. i hope it does. this court did great damage to its own integrity with this opinion. >> laura: there have been other rulings in other state supreme courts, correct? or federal courts, that have come to opposite conclusion, so this is an out liar and because of what is at state will be expedited to the supreme court. >> jonathan: when you read this opinion, one thing that keeps on recur nothing your mind, where is the limited principle here? what would not satisfy this test? each barrier, the court have adopted more narrow approach, but it didn't. , it too long outh it went to the broadest possible meaning, states could engage in

a tit for tat number of decisionings. blue states could block trump and the way this is viewed by the public is quite horrific. they view president biden on the ropes and the ref just called the match. >> laura: just so everyone understands tonight, essentially the state supreme court of colorado concluded that the former president is guilty of a federal crime that he's never been charged with, which is insurrection or rebellion, he could have been impeached as president, but not been charged with that, never been adjudicated. could republicans say undermining u.s. sovereignty, leaving the u.s. border open,

president biden is trying to -- he will have to be taken off the ballot of -- name your red state. >> jonathan: this court just handed part of this on both sides, ultimate tool to short cut elections and it is very dangerous. this country is a powder cake and this court is throwing matches at it. it is a real mistake. i think they are wrong on the law. january 6 was many things, most not good, it was not insurrection, it was a riot. that does not mean the people shouldn't be held responsible. but to call this insurrection would create a slippery slope for every state in the union. this is a time we need democracy, allow voters to vote,

we need to hear their decision. the court here said you will not get that in colorado we will not let you vote for donald trump. you can dislike trump and believe he is responsible for january 6, but this is not the way to do it. for people that say they are trying to protect democracy, this is hands-down the most democratic opinion i've seen in my lifetime. >> laura: it is worth noting three of the judges in decent were also democrat appointees, the whole court appointed by democratic governors. 4-3 decision. the country hangs in the balance, the court will have to decide this. joining me is ned ryan, ceo of american majority. you have a lot to say tonight. the trump team said in part democratic party leaders have lost faith in the biden administration and doing

everything they can to stop them from throwing him out of office next november. we will file a stay for this deeply undemocratic decision. ned, you and i have spoken a lot about this concept of law-fare, meaning using the judicial system to stop the people from getting what they want and what they support. this is -- is it not, playing out tonight? >> 100%, laura. this is really breaking democracy to save democracy according to the left. they don't want voters to decide this. there is deep fear of donald trump potentially winning the white house back and what he would do when he's back in office in regard to breaking apart administrative state and the status quo. it is a toothless ruling looking at the clause where they said if there is a stay before january

4, that stay will be in place and if there is appeal to the supreme court, provisional ruling is left in the hands of the supreme court and the supreme court will make quick work of this. this is the left trying to decide that they are not going to let donald trump be in front of voters next year temperature is deeply seeded fear of donald trump, he is existential threat to their future. >> laura: everyone has to understand this is just the opening salvo of what is to come in the next 11 months. this is like one thing, a pebble in the pond. they are going full bore at him, they do not want the american people to have a vote. they are not interested in that democracy, they claim they are trying to protect democracy, that is the truth, we're seeing it play out with the border.

swamping this country with indiggents and now this. and then it will be jack smith and fani willis and it goes on and on. they will not go quietly into that good night. they will not go, donald trump will be on the ballot, we tried our best, we'll stop now. we are in december of 2023, it will only continue to accelerate as their fear increases that donald trump will win the primary and be the gop nominee. he's polling well against joe biden in key battleground states. they will not throw up their hand and walk away. there will be attempts to bring donald trump down and refuse to let american voters decide and that is the correct outcome fchl we were going to have free and fair elections, they would allow

voters to decide if donald trump was guilty of insurrection. if so, they can choose to accept or reject him, they don't want the american people to be able to make that decision, make that vote. >> laura: the great defenders of democracy don't want the people to have their say. they don't want new immigrants who can vote, they don't want suburban women, they want to decide with elected judges in one state. no. >> correct. >> laura: this tells you, we got to go to the next guest, you nailed political angle. joining me is chris landeau, former law clerk for clarence thomas and scalia. given your extensive experience at the court and an advocate at the court, what do you expect the court to do here and your

reaction for first time ever section three of article three of the 14th amendment, section three, has been used to bar a president from the ballot. >> i hope everybody's irony meters are going off the charts tonight. this is one of the most antidemocratic decisions we have seen in american history, four unelected judges on state supreme court have taken it upon themselves to disqualify who meets all qualifications for president of the united states of america. the u.s. supreme court will take one look at this and say, this cannot stand. i think that is the silver lining here, it won't stand, but it is terrifying to me as an american this kind of law-fare is being waged, that courts are so presumptious they think it is

up to them to decide who can be on the ballot to let democracy work. they are free to dislike donald trump, especially people who do not like donald trump should be terrified, the worst thing for them is to say the courts took him off the ballot. we should be able as american citizens to have an adult conversation and vote. why are these people so terrified that they are behinding all rules to get trump off the ballot. let the people vote. >> laura: chris, president trump will address this we believe in moments in iowa. first reaction on msnbc from the colorado secretary of state. watch. >> trump's actions are unprecedented. colorado supreme court confirmed the district court got it right, he did engage in insurrection. they said section three of the 14th amendment does apply to

presidency. i think section three of the 14th amendment has to apply to presidency, if not, it is a get out of jail free card. >> laura: chris, the fact this woman is secretary of anything, wouldn't have her secretary in a local county clerk's office let alone state of colorado, is terrifying. >> it is terrifying, secretary of state administers elections. this is the person, folks in colorado, administering your election. you think this person is a fair person to administer your election? god bless you, if you think that is the way it is. one thing to emphasize -- >> laura: go ahead. >> these seeds were planted by democrats on january 6 itself, no accident from the beginning they insisted on coling this an

insurrection. what happened january 6 was extremely bad news, but to say it is insurrection. equivalent of u.s. civil war, which is what led to this clause in the constitution, is ludicrous. i think they were very clever, they wanted to use that word. i don't know if you notice, people were insisting it be called insurrection, how convenient, that is the word to constitution uses. this was set up for the last 2-1/2 years. as a lawyer, this is incredibly feeble argument and again, if people don't like trump, or think this january 6 was disqualifying, fine, let people vote on this, that is why we have elections. >> laura: this is good time to tell viewers what they saw in

this decision, what they are seeing is judicial activism. they turn it into silly putty for political ends, that is classic judicial activism, is it not? >> yes, laura, it is good to have the mask ripped off, you can see fangs. they don't care about democracy or your right to votes for president, this is raw act of judicial power by four unelected judge in the state of colorado. not a question of federal law, thank goodness, they don't have the final word, that goes to u.s. supreme court and i'm confident the u.s. supreme court will reverse this, because it is a lawless ruling. politically may wind up benefiting trump, who knows. it is not good for our country, laura. except as a civics lesson. >> laura: i hope colorado is

watching carefully tonight, you have four judges on your supreme court who don't believe you have a right to cast your ballot for who you want, unless you support biden or other candidates. if you like trump, guess what, they don't think you count. thank you for your analysis, we appreciate it. we'll continue to monitor president trump in iowa. i imagine he will address this ruling, we'll bring that to you when he does and coming up, a former n.f.l. player says that former white players shouldn't be able to commentate on football. i thought i would use my angle to respond to that suggestion and more. stay with us.

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>> laura: a vicious race to the bottom. that's the focus of tonight's angle. welcome to biden's divide states of america. no matter how much they try to portray him as a sweet old grandpa type. never forget what he is really all about. and what he, his cabinet, and the top leaders of his party think about our country. >> racism. the ugly poison long haunted and plagued our nation.

>> america has a long history of systemic racism. >> the systemic racism still effect our laws. >> addressing profound inequities, including systemic racism. >> racism is the poison of america, still. >> laura: their hateful racial bile breeds more of the same. plus it should come as no surprise that a former nfl player feels perfectly entitled to broadcast racist views against white people on social media. >> rashard mendenhall who has played five years it the steelers to limited success seems to think that a racial litmus test is in order for anyone interested in a job as a football analyst. he wrote on x saying i'm sick of average white guys commenting on football. y'all not even good at football. can we please replace the proball with an all-black vs. all white bowl so these cats can stop trying to teach me who's good at football?

now, when i first read this last night, i thought it had to be some sort of joke. a put on. forget the sugar bowl or rose bowl. rashard wants a race bowl presumably because he believes that black players are more talented than white players. well in outkick today bobby burack called the post racist and noted that none of the activist figures in the sports media usually hear from denounced it. ditto with the anti-racist activists who are usually so quick to slam bigots when politically convenient. now, aside from the utter ignorance of mendenhall's tweet, it's not like he was some super star on the field himself. remember in the 2010 season at super bowl 45 klamath thiews, the packer's white linebacker tackled mendenhall and forced a fumble. was that on a really critical play in the fourth quarter and the packers went on to win the entire thing.

his online race tantrum is it just sour grapes in the casual utterance of obviously racist sentiment allah mendenhall or is an act of active racist campaign of the kkk more prevalent? which one do we see more? well, for many decades our nation was collectively abhorred the goals and existence of groups like the can kk all but drummed out of all corners of civil society that's obviously a very, very good thing getting millions of dollars of fund something a new acceptable racism. even prestigious harvard university is all in for this type of racism. but the word doesn't begin with an r. it begins with a d. and it's cloaked in the goal of diversity, equity and inclusion. and a new expose by chris rufo in the city journal we are now

learning that claudine gay harvard's president plagiarist commissioned a task force on something called visual culture and signage. now, this dopey group issued a list of recommendations to accomplish an historical reckoning with racial injustice. their recommendations included a mandate to change spaces whose visual culture is dominated by homogenous poor poor that temperature of white men about white guys on the wall all white are the same. offended by the supreme court's decision on racial preferences last june. in which college admissions. >> for many, this decision feels deeply personal it means the real possibility that opportunities will be foreclosed. but, at harvard, it has also

strengthened our resolve to continue opening doors. >> laura: so the nation that you cannot discriminate on the basis of race is actually hostile to her entire outlook. which, again, is based on discrimination. probably the reason she got her job. so they want no illegal impediment in the way of their mission, is which is to take power from people they don't like and give power and benefits to people they do like this is the same reason why the boston mayor tried to laugh. >> geraldo: minority only holiday dinner. i. >> i mean, i think there is some -- there is a significant amount of misinformation out there. we are still very much a city that is living with our legacy of being very divided and you see that segregation in all different spaces today there is maybe a shock that that presents to some people of what does leadership look like?

>> laura: by the way, harvard educated. how does this woman still have a job? like what sort of fairness in listening to that can any nonminority person expect from the city of boston as long as she is head of it? the dei industrial complex is going to destroy any institution whether it's allowed to operate and thrive. because of earned success will be over just look at what has happened to disney. again, the ivy league. the permanent bureaucracy has already adopted dei and the government of course. of the military we see it's been captured by it as well. if these dii set asides are allowed to expand and we see them expanding, the fbi will not be fair. the irs won't be fair. the courts won't be fair. everything will be rigged in favor of the dei privilege and, against everything they hate, which is merit, excellence,

objective standards, and tradition. and democrats wonder why they are losing the blue collar voters? >> what we expect from corporate america is that they will, number one, affirm their commitments to diversity, equity and inclusion to ensure representation at the highest levels from the c suite to the board of directors. >> laura: congressman horse ford knows this dei scam is finally, finally being exposed and he is freaking out. one prominent resource exec told the guardian he is already seeing ceos go away from dei. good, it's about time there must be no corridor for this whatsoever. there cancer must be excised and immediately. and that's the angle. up next, the worst day we have ever seen. that's what border agencies told fox news about the invasion and, yes, it's an invasion, currently

ongoing at our southern border and welcomed by the biden administration. and shameful new twist to this american betrayal. we are going to tell you i

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>> we did it. we did it, joe. >> laura: they really did. the border caesar border czar s broke another record at least 1,600 illegal immigrants crossed the border yesterday. the highest number ever recorded for a single day. that does not include the got-aways. doesn't include the thousands still haven't been processed. and joe is not going to do a darn thing about it. so texas, they decided we are going to take matters into our own hands. governor abbott signed the bill giving police the authority to arrest illegals who cross the border and then gives will the

local judges the ability to deport them joining me now is lt. governor dan patrick. dan, the white house said today this law won't make communities safer your response? >> so, we spent a lot of time, law, on the city writing this bill along with the governor. and we believe we have a bill that will survive any type of supreme court challenge because we are being invaded. arizona tried this about 10 years ago. but our law is different. it simply says that our law enforcement can arrest anyone, take them in, do a background which can photograph, do fingerprints. if they saw them cross the border illegally, we can do that or if they happen to reveal in the arrest stop that they crossed illegally, and then the magistrate will send them back and will escort them to the border. and they have a choice. they go to jail or they can go back.

and if they go back and dry to come back again and rearrest them again, the penalty gets even higher. we are fed up. in fact, seeing what happened in colorado, laura makes me think except we believe in democracy in texas. maybe we should take joe biden off the ballot in texas for allowing 8 million people to cross the border since he has been president. disrupting our state far more than anything anyone else has done in recent history. and so so this is so outrageous. 10,000, 12,000, 14,000 people aday crossing the border. enough to be the 12th largest state it's incredible. >> laura: i think the numbers kind of people are nudge to the numbers now. it's the shear mass of humanity humanity that is obviously taking over cities, local communities, school districts, healthcare systems, homeless shelters. i mean, it is overwhelming already overburdened state and

local budgets now, dan, this congresswoman jazmine crocket decides well, it's time to go after texas. watch. >> i'm very concerned because the republicans have never gotten immigration right. and when you look at somebody like greg abbott, my governor, and his solution, his solution is to basically say hey we are going to kill people that are trying to come in. that's not a solution. >> kill people? >> laura: congresswoman from texas, you are trying to kill people, you and abbott. >> she is jazmine crackpot, not jazmine crocket. that's just absolutely ridiculous. our bill, senate bill 4 says we can arrest them and send them back. we also passed another bill to put another 1.5 billion into building more wall. and we filed another -- past another bill, excuse me, to deal with human smuggling because the biden administration is doing nothing, laura, as we all know. we know that hundreds of people in the terrorist watch list have

been apprehended. that doesn't count all the people we don't catch. we know sex offenders, rapists, murderers have crossed the border. >> laura: they don't care. >> they don't care. laura, our founders. >> laura: they don't care. dan, they don't care about the constitution. they don't care about the represented kepple crazy. they don't care about democracy and certainly don't care how many americans and legal immigrants have been killed or brutalized or beaten or robbed because of the people they -- they don't care. that's all a klatt derl damage, dan, we have got to roll. thank you for joining us, now as texas is focused on protecting our borders. some in the senate have some other ideas, joining me now is missouri senator eric schmitt of the armed services committee. senator, your colleagues are still trying to smash through or combines our border, ukraine funding, israel funding, now, in money for taiwan?

what's the biggest problem you see in combining these all together this with negotiations? >> the main goal is to unlike the ukraine money. i worry about that, right? if you are tying the border in and compromising with the democrats who are not interested at all in securing a border. this sun precedented, laura never seen anything like it. no nation has opened up a border like we have right now. put those numbers in perspective. that's almost 400,000 people a month. that's a st. louis. that's a pittsburgh. that's a kansas city. every month. right? and so let's deal with these issues separately. i have been saying this from day one. there is no reason these things should be tied together unless your goal is to send another 60 billion to u.k. i fear as you negotiate away border security, there is no negotiation on this ukraine money. there is no negotiation on the accountability. no negotiation on european allies. there is no negotiation on any of these issues as it relates to

ukraine. and so i wouldn't trust mayorkas to run a lemonade stand let alone secure the border. they are dealing with the same people that have created open borders used to be white paper exercises. now they are in the white house. they want an open border. they have exactly what they want. millions of people coming. we don't know who they are. asking for trouble. very concerned about very secret negotiations. >> laura: i have a very bad feeling about it. first time i have seen john thune today talk about the open border i mean, is he really worried about american border. i'm sure he is. but i have never seen him on television really hitting the border until ukraine fund something on the line to me that says it you will a ukraine first, american border, yeah, if we can rope that in. maybe we will throw a few bones to the pro-enforcement crowd. senator, hold tight on this, please. we are relying on you and a few others. >> laura: up next biden breaks

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>> whether you believe it or not or if you feel it or not, the united states economy, macrolevel, under president biden is, according to nearly every metric we use to measure

such things in excellent shape. >> laura: really? is that why biden's economic approval is sitting at just 36%? well, try again. bidenomics is not working. it's never going to work. as long as they stick with the same disastrous policies that have delivered us lowering wages and lower standard of living, which sounds like what they plan on doing. >> we are on the right path. we got more work to do. we must stay the course, okay? >> laura: here's what being on the right path means to the biden administration. 62% of adults said they are living paycheck to paycheck according to a report from lending club. >> folks, bidenomics is just another way of saying the american dream. >> laura: a new monmouth university poll reveals that 44% of americans are struggling to remain where they are financially. that's up from only 20% three years ago. only 12% say their financial situation is improving. >> it's a little more breathing

room. that's what bidenomics is all about. >> laura: homelessness is up 12% since january. and hit its highest level since 2007. >> under bidenomics, you don't have to leave home or your family to get a good job. >> laura: if you think it's going to get better next year? think ben again. the cbo is predicting millions of americans will lose their jobs in 2024. >> folks, it's no accident. it's bidenomics in action. >> laura: joining me now is brian brenberg, co-host of "the big money show" on fox business. brian, they keep thinking that this is a messaging problems. >> right. >> laura: what are they really saying here? what are the voters saying? what are the people saying? >> yeah. bidens keep saying why haven't you gotten this yet? why haven't you gotten the taste for bidenomics like it's a fine wine and somehow it gets better with age? what all the voters know it

doesn't get better with age. it gets worse. it's less affordable with age. houses are more out-of-reach with age. and, the government gets bigger with age. you talk about unelected bureaucrats running your life, let's talk about gas stoves and furnaces and dishwashers and the cars you can drive and you can't drive. that's when they look at 2024 this isn't going to get better. this guy doesn't know how to make it better. all he knows how to do is complain about the fact that the rest of us have had it with the path he has us on. >> i love, by the way, how the biden people are trying to spin bidenomics and kjp did it again today. watch. >> when the president walked into this administration the economy was in a tail spin, it was. the economy is in a better place but i understand we understand that americans don't feel it right now. that's why we are going to continue to talk about junk fees. >> laura: junk fees?

junk economy. so that's their big idea to get american people back on their feet, brian? junk fee presidency? >> yes. it's crazy. does anybody like junk fees? no. do they think the president of the united states should be focused on junk fees? no. was this economy in a tail spin? my goodness sakes, we had interest rates below where they were now. gas prices below where they were now. wages inflation lower. laura, these guys all they have is spin. i'm sorry, but americans can't live and feed their families on spin. that's what they know and that's why in these polls they say give me something else. anything else, preferably capitalism is what i would say, something that creates opportunity not a bigger bureaucracy. >> laura: well, the fact that real wages -- real income is down from when biden was sworn in, i mean, even nate silver, pretty big liberal got into a big fight with all these progressives. i think it was over the weekend

saying guys, you don't get it. people don't have as much disposable income because things are more expensive. that's why biden is in the toilet, plus the other issues. brian, great to see you don't. merry christmas. all right. a photo miss happen that one family, you know, one family taking home the picks of an nfl legend plus epstein's famous pals are shaking in their boots now. jimmy failla is next. let's people are always asking me why why do i do this work? two words come to mind for me. one is responsibility, the other is purpose. it's just so inspiring to do research that impacts human lives. stand up to cancer has been a critical partner in advancing research for cancer. cancer research saves lives. so please help us fight in this battle against cancer.

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>> laura: all right now it's time for wtf. what the failla. the new book, "cancel culture" is available. more than 170 people who are linked to jeffrey epstein are about to be exposed thanks to a manhattan federal judge who

ordered long-sealed document says to be released. any names you're looking out for? >> it's a bad day to be a dirt bag laura. >> i always considered epstein's proof both parties can work on a bipartisanship level if they want to get it done. if you are a guy looking for work as a food taster, now is a great time to submit your resume. there's probably a a lot of dirt bag names. i'm not going to name mine. one of them rhymes with bill gates. i'm not saying he's on it but you we read a lot of salacious stuff but there's nervous people out there, laura. >> laura: well, maybe the depends are being changed more than once an evening. jimmy, one unsuspecting family

placed a photo order at cvs and expected to get this and ended up with this. a photo of tom brady with his family. >> i love this story. >> i'm blown away they could even get access to photos at cvs. everything is locked up at my cvv. it's impossible. i am amazed they got the photos. i was going to make a joke about the cvs receipts but it was too long. >> i remember sending my film away from the packets you get that was inexpensive and you send it away. you waited 10 days and get your photos back. i still have the photos. all the others you don't have in your phone. the ones you got developed. the quality was pretty darn good of the photos. i like the anticipation of waiting. you look really fat in the

photo. you look terrible. now it's like, just delete it. somehow it's not as fun for me. >> you sound like my mom after she watches me on tv. you look fat jimbo. >> your mother is hilarious. tis the season for scamming. police are issuing warnings for gift cards. watch this >> they heat up the envelopes where they can open them as carefully they can. remove the card and cut the top of the card off. they took the bottom of the card which means nothing. put it back into the envelope, reglue it shut and just can like that, you have a brand-new gift card. >> wow. jimmy, if only these people were as, they had as much diligence in actually finding a job as they have in cutting the little thing out. resealing it. >> that's such a really good

point. to be clear, this doesn't affect me, most of the places i hang out only take cash if you pick up what i'm putting down at the dog track. the point is, this stuff is awful and the people behind it to your point okay could probably be making like year round money. how good does scamming gift cards pay? apparently well enough. now we know why the bidens insisted in getting paid in cash. >> do the cards work at the dog track or horse track? >> it's tough luck. you don't know in this day and age. >> i have a lot of gift cards that are expired, i lost them. the whole gift card thing is a mess >> todd: a fox news alert. former president trump has been remove t