sorry. >> two missouri police officers responding to intrusion alarm had no idea what they were in for. check out this wild body cam footage. >> score on the house. >> squirrel. clear. [. [laughter] >> close that door. >> son of a [bleep]. >> jesse: what was that? >> judge jeanine: it was a squirrel. >> judge jeanine: you can't see it. it was a squirrel. they told me you could see the squirrel's eyes. >> jesse: i didn't see it. >> dana: we will run it back again and be late getting to "special report" no. we won't. that's the it for us have. great night everyone. hey, bret. >> bret: i saw the squirrel's eyes. >> dana: you have good eyes. >> bret: good evening. i'm bret baier. breaking tonight we are following two major stories. the u.s. supreme court hears arguments in colorado's attempt to kick former president donald trump off the 2024 ballot. the landmark case is something the court has never considered

until now. today's oral arguments were at times fiery and definitely presented serious concerns from the justices about colorado's case. we will explain. but, first, the special counsel investigating president biden's handling of classified materials says he will not pursue charges against the president. that is despite the fact that robert hur concluded president biden willfully retained and disclosed highly classified materials when he was a private citizen, including documents about military and foreign policy and other sensitive national security matters. but it was really the other descriptions in this document, this report that have raised some eyebrows. we have fox team coverage tonight, shannon bream is outside the supreme court with the latest on the colorado ballot case. buff we begin with white house correspondent peter doocy live in the north lawn on the classified documents probe. good evening, peter. >> peter: bret, good evening. president biden might have been cooperating with the government he was not the most helpful

witness the special counsel's report says his memory has significant limitations and that he couldn't remember when he stopped being the vice president. he couldn't remember when he started being the vice president. he couldn't remember the year that his son bo died. and that his memory got hazy when it came to the topic of the debate on afghanistan. >> this was an exhaustive investigation going back literally more than 40 years j as president biden campaigns, the voting public gets a first look at classified documents he kept buried in a damaged cardboard box stuck in a garage between a dog bed and a dog crate. president biden says in a statement i was so determined to give the special counsel what they needed that i went forward with five hours of in person interviews over two days on october 8th and 9th of last year even though israel had just been attacked on october 7th and i was in the middle of handling an international crisis. but, there will be no charges. >> bottom line the special counsel in my case decided

against moving forward with any charges. this matter is now closed. >> in part because after that presidential interview, 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. lines like that angering the white house's special counsel who says we disagree with the number of inaccurate and inappropriate comments in the special counsel's report. nonetheless, the most important decision the special counsel made that no charges are warranted is firmly based on the facts and evidence. and the president's personal lawyer adds the special counsel could not refrain from investigative excess, perhaps, unsurprising, given the intense pressures of the current political environment. that doesn't change the fact that a 15 month investigation finds president biden knew he kept classified information in notebooks stored in his house and he knew he was not allowed

to do so. the president will soon announce new steps to safeguard national secrets more than a year after claiming his documents were safe. >> classified material, next to your corvette? what were you thinking? >> let me -- i'm going to get a chance to speak on all of this, god willing, soon. as i said this week -- and by the way my corvette is in a locked garage, okay? it's not like they are sitting out in the street. but anyway. >> in a locked garage. >> yes, as well as my corvette. >> peter: part of the president's problem now he was surprised he had this classified material but now we know he told the ghost writer for his book that he knew he had classified material. another part of the president's problem is that these memory problems, white house officials have tried to dismiss all week long as comments are now memorialized in a 388-page government report as being serious. and you just heard marine one leaving president biden is back at the white house. he told us two days ago that today was the day he was going to be answering all of our

questions. yesterday, the press secretary teased that like something that was actually going to happen. but here we are, 6:00. he has still got a lot of explaining to do, no q&a. bret? >> bret: as far as tomorrow, peter, is there any scheduled briefing? >> peter: i believe -- i don't see a reason why there wouldn't be a white house briefing, unless they just really want to try to punt this to next week. >> bret: okay. peter doocy live on the north lawn. peter, thanks. the supreme court appears very skeptic of colorado's attempt to kick former president donald trump off the 2024 ballot over his efforts to undo his loss in the 2020 presidential election. ending you, of course, with the january 6th, 2021 capitol riot. shannon bream is live outside the high court with the oral arguments today. good evening, shannon. >> good evening, bret. you know it normally takes years to get here. but this case made it onto the supreme court docket within

weeks. signaling the justice's get the urgency of this issue in the middle of what is already a very contentious election year. >> in watching the supreme court today, i thought it was very -- it's a very beautiful process. >> one in which a solid majority of the justices seemed very skeptic about colorado's decision to block president trump from the state's primary ballot. colorado officials say section 3 of the 14th amendment gives them the power. the relevant section reads, no person shall hold any office under the united states who having previously taken an oath as a member of congress or as an officer of the united states. to support the constitution of the united states shall have engaged in insurrection. justice jackson noted the office of president is not found on that list. >> the language here doesn't seem to include president. why is that? and so if there is an ambiguity, why would we construe it to, as

justice kavanaugh pointed out against democracy? >> shannon: while most of the arguments were rooted in wonky, procedural statutory arguments, chief justice john roberts eventually got to the practical implications that could result if the high court upholds colorado's actions. >> a goodly number of states will say whoever the democratic candidate is, you're off the ballot. and others, for the republican candidate, you're off the ballot. it will come down to just a handful of states that are going to decide the presidential election. that's a pretty daunting consequence. >> justice kagan expressed similar concerns along with plenty of questions about why states should have the power to control who lands on a federal ballot. >> the question of whether a former president is disqualified for insurrection to be president again is, you know, just say it, it sounds awfully national to me. >> shannon: so the justices are expected to vote in a private conference in the next day or

two. i suspect we get a decision in days or weeks, not months. remember, by the way, president trump's legal team has until monday to file for a stay here or actually appeal that decision that ruling against him on the issue of immunity in the case now pending. the federal criminal case against the former president. bret? >> bret: shannon bream live outside the court. shannon, thanks. let's get some legal analysis on our top stories. jonathan turley george washington university law school joins us now. jonathan, good evening. >> good evening. >> bret: first i want to start on this special counsel report. it is quite something. first on the legality that the special counsel robert hur is not going forward with charges but the excuse or the reason for that is not because he didn't find the willful action of then vice president, and even senator taking classified and holding classified materials, but because they don't think a jury would side with a prosecutor. >> yeah. i have to tell you, i find that

the language of the report is deeply disturbing. it's disconnected from the elements of the crime. they say that he willfully retained these documents. he knew he had them. that they were shown to others. and, yet, they said, well, he wouldn't make a very good defendant because he would be so sympathetic because he is old and he has no memory. that suggests we will go for those unsympathetic defendants. it's arguably difficult to convict joe biden in washington, d.c. it's a lot easier to do that with donald trump. but the question is, is that -- how much weight did you actually give that because what you are describing in this report is a knowing crime that went on for years. and that's the reason why it was so strange to see the president taking a victory lap like he was bragging, i'm si sympathetically diminished. even if you don't get charged, this is a really a damning report.

>> bret: yeah. the description, we are looking at pictures of these boxes of tattered boxes where the documents, which are classified, and some of them from senate time when he was in the scif, where you can't take documents out of a classified intelligence area in the senate, but he had them. and other times when he was vice president. i want to read another part of the -- this is the political side that is really tough for the president and the white house. this is robert hur's report. page 207. mr. biden's memory also appeared to have significant limitations both at the time he spoke to swans zero, that's the writer in 2017 as evidenced by their recorded conversations and today. in his interview with our office, special counsellens office, mr. biden's memory was worse. he did not remember when he was vice president. forgetting on the first day of the interview when his term ended. if it was 2013, when did i stop

being vice president? and forgetting on the second day of the interview when his term began in 2009, am i still vice president? goes on to say he forgot when his son bo died. >> yeah. in some ways this is a successful chen deganty defense. mob leader show up in pa jam as and say he had no idea where he was. he was convicted. but here, the special counsel is saying, you know what? the jury is just going -- it's going to break their heart to see an elderly man with such a faulty memory and diminished faculties being charged. there is going to be a lot of questions about that. you know, the problem for critics is that it seems that when they are looking at trump, they hit him with any possible crime stretching every possible definition but when they are dealing with figures like president biden, they just are former cautious. and resistant to charges. >> finally, quickly, we have got

some sketches from the supreme court, obviously no cameras in there. there is audio. and to hear the oral arguments and the questions and answers with the justices today in the case about colorado and whether the former president is going to be on the ballot there, you have to be careful not to read the tea leaves oftentimes in oral arguments with supreme court justices. but, boy the tea leaves were all over the place and they seemed pretty readable. >> yeah. i think that if the trajectory of this case remains from oral argument, you are looking at a possible unanimous decision. maybe an 8-1. and that leads chief justice roberts with an interesting question. if he can't eke out that type of majority or unanimity, most people assume he will write the opinion. it's hard to pass up this historic chance. if justice jackson or justice kagan are on board, there is a strategic advantage to him in

giving them the opinion to really convey to the country that we are speaking with one voice. that's what john roberts said years ago was the greatest challenge for a chief justice was to get the court to speak with one voice. and i think he will make that priority in whatever they do. >> bret: it will be fascinating. weave will be watching it all. jonathan, as always, thank you. >> thanks, bret. >> bret: stocks were up today with the dow and the s&p finishing with new record closes. the coup adding 49. the s&p 500 gained 3. the nasdaq was up 37. meantime, on capitol hill, senate lawmakers tonight are scrambling to try find a path forward on foreign aid legislation after the senate tanked a bill that tied border security and foreign aid together. that's supplemental we talked about. but a major hurdle may have been cleared tonight. congressional correspondent aishah hasnie with the breaking news update from capitol hill. good evening, aishah. >> right, good evening to you. a whopping 17 g.o.p. senators

today voted yes on the first test vote for this $95 billion foreign aid package. remember, this has 60 billion for ukraine, but absolutely no money for border security. take a look. these 17 senators may be yeses on a file vote as well as long as they get the amendments that they want. this still has some space and room to get derailed, bret. senator rand paul who opposes the package tells fox he is going to slow the process down because he says americans need to know what is happening here. >> i know of no conservative republican in america that supports this. i plan on making them stay here through the weekend and they will get their votes and they will finish up when hell freezes over as far as i'm concerned. >> also, take a look at this. sparks were flying on the senate floor over the border deal that fell apart yesterday. yesterday senator kyrsten sinema who co-authored that bill was caught on camera sparring with senator lindsey gr m as he tries

to offer border amendments to today's bill. >> why you voted against the motion to proceed. >> i would be glad to. >> before we were able to offer any amendments. any of your amendments? >> yes. i think the fix is in. i think people on our side and your side wanted to do the border thing as quick as they could so we could get to ukraine. we have done a half ass job here trying to secure the border. >> so the two senate leaders right now are working on a timing agreement, bret, on this foreign aid package. but, if they cannot come to that agreement a final vote may not happen until monday or even tuesday. bret? >> bret: aishah hasnie live on capitol hill. aishah, thank you. up next, new indictments in the migrant attack against new york police officers. we will give you the latest. plus, new information on the latest u.s. strikes inside iraq. ♪

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♪ >> bret: texas governor greg abbott along with members of the texas house of representatives held a news conference today announcing new measures to combat what they call president biden's reckless open border policies.

>> we are dealing with the biggest border crisis since america had borders. the reason why we have been able to achieve that level of decrease in illegal crossings is only because of great team work and agencies across the state of texas. >> governor abbott says they will work to accommodate additional national guard officers in the eagle pass area. he is also calling for additional miles of barrier wire and anti-climb barriers. ♪ breaking tonight manhattan district attorney alvin bragg announces seven indictments in the attack against new york city police officers at the hands of migrants in times square last month. correspondent nate foy is in new york tonight with specifics on this. good evening, nate. >> hey, bret, up to seven indictments involving migrants. only one of them is still in custody tonight. and authorities say at least 11 people are involved in this attack and five of them still have not been arrested.

we are also seeing new body cam video for the first time tonight. take a look at this here. you see one migrant push officers while others kick and grab them. here is manhattan district attorney alvin bragg. >> and i stand here today confident that we have identified the roles of every person who bloke the law and participated in this heinous attack. >> d.a. bragg laid out charges against the five identified migrants today. they all face felonies, including several second degree assault charges and one charge of tampering with evidence. one migrant is accused of changing coats with an attacker to help him get away. the search for at least five others includes two suspects whose names will remain sealed in the indictment until a later date. and three suspects accused of kicking officers during the attack d.a. bragg defends his decision against requesting bail for several suspects saying he wanted to proceed cautiously to ensure that he identified the right people. the migrants released walked out of jail taunting the cameras.

one of them put up two middle fingers. so migrants released believed to be headed west to the california-mexico border. new york city mayor eric adams said today these crimes don't represent the majority of the over 170,000 migrants in new york city. he referenced the nypd commissioner who said a migrant crime wave is washing over the city. bret? >> bret: nate foy, new york, thanks. >> you got it. >> bret: we have new information on the u.s. operation killed high ranking iran-backed terror leader involved in an attack that killed three american soldiers in jordan and injured more than 40 others. chief national security correspondent jennifer griffin shows us tonight from the pentagon. >> angry crowds gather in baghdad at the funeral for the leader of kata'ib hezbollah al buoy bacher al-saeedi, wreeper drone patiently took shot after attacking the kata'ib hezbollah

leader for days. president biden authorized the strike shortly after the deadly drone attack on tower 22 in jordan. >> al seedy was a kataib hezbollah commander responsible for directly planning and participating in attacks on u.s. forces in the region. >> a crowd that gathered in the aftermath, some of whom made their way toward the u.s. embassy. [chanting] >> chanted allah is the greatest. america is the greatest devil. kata'ib hezbollah is an iraqi shia militia that is part of the popular mobilization forces that formed to fight isis with funding from iranian revolutionary guard corps commander general kassem soleimani before he and another head of kata'ib, hezbollah was killed in a u.s. drone strike in 2020. kata'ib hezbollah was later brought under the iraqi military who pay their salaries. some worry the u.s. drone strike could jeopardize talks between the u.s. and iraqi governments about whether u.s. troops can

stay in iraq. >> >> martyr mobilization forces and considered an element of the iraqi state. >> look, if there were no attacks on our troops who were they there at the invitation of the iraqi government there would be no need for retaliatory strikes. >> there have been no attacks on u.s. bases inside iraq since began military response to the attack that killed three americans. this targeted killing could change that bret? >> bret: jennifer griffin at the pentagon. one big question. big changes at the top of ukraine's military today. >> that's right, bret. president zeltz rep rezelenskyy replaced top commander responsible for pushing russian forces away from the capital saving kyiv after the russian invasion. is he blamed for the failure of ukraine's counteroffensive last summer and angered zelenskyy by writing an op-ed describing the conflict as a stalemate unless

ukraine received more added advanced weapons. his replacement is alexander, the general who oversees ukraineens ground forces known derisively by his own troops as the butcher. bret? >> bret: okay, jen, thank you. up next, fiery exchanges between senate republicans and president biden's treasury secretary of the alleged surveillance of trump supporters. we'll explain. when barbara switched to turbotax... i broke four generations of family tradition with five little words... ma, i wanna make perfume! ( ♪ ) getting my business off the ground was a full-time job.

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of infection in your legs or feet. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. ♪ jardiance is really swell ♪ ♪ the little pill ♪ ♪ with a big story to tell! ♪ >> bret: you are looking live at the trump campaign headquarters in las vegas. republican voters in nevada are gearing up to decide their preferred presidential candidate in tonight's caucuses there. the former president will face long shot candidate texas pastor ryan binkley with all of nevada's 2 # delegates up for grabs there. former south carolina governor and u.n. ambassador nikki haley opted to run in nevada's primary losing to none of these candidates by 30 plus points.

it was organized effort to get that vote out. she did lose the primary with zero delegates. meantime tensions are running high on capitol hill after a testy hearing saw senate republicans grill treasury secretary janet yellen over accusations of surveillance on americans' transactions. reports suggest banks were asked to flag trump related purchases to the federal government fox business correspondent hillary vaughn has the story from capitol hill. >> secretary yellen this is an issue americans are worried about they think they are being targeted because of who they voted for or what their religion is or where they shop. what do you have to say to americans? >> i will say i'm not taking questions. >> treasury secretary janet yellen may nothing be taking questions from us. but she is facing them from lawmakers as the treasury department is being accused of targeting americans' bank transactions as part of its hunt for people involved in january 6th. fox obtained recommendations distributed to banks telling them to look for red flags that could be a sign that someone is

a homegrown violent extremist. that included political terms in transactions like trump, maga, biden, or kamala. of large purchase was from dicks sporting goods, cabela's or bass pro shops or purchases of any religious books. the customers combined bank activity had to meet a certain threshold before they would be flagged. >> secretary yellen, do you believe that people who purchase bibles are extremists? >> certainly not. and in the aftermath of the january 6th attack, there were efforts to work with financial institutions to determine what had happened. >> treasury department routinely shares recommendations with financial institutions through its financial crimes enforcement network so they can be on the lookout for possible financial criminal behavior. but the secretary promises to investigate. >> is the purpose ever fincen and so the details, i promise to thoroughly investigate. >> thank you. >> treasury official tells fox that this all started because of

january 6th to investigate that and prevent further violence and that the bank's cooperation is voluntarily. bret? >> hillary vaughn on capitol hill, thanks. another contentious hearing on capitol hill as leaders from several of the nation's biggest pharmaceutical companies received an incredibly harsh reception from senate lawmakers from both sides over skyrocketing drug prices. senior congressional correspondent chad pergram has that story. >> drug prices high. >> one out of four of our people go to the doctor, get a prescription, and they cannot afford to fill that prescription. >> senators confused. >> i'm not sure where all the money goes. >> answers cryptic. >> it is highly complex and so complex that at times even learned people who play in the space can't understand. >> certainly i can't explain it, and that's my point. is it so nontransparent. >> to some the answers weren't as clear as mud. they were worse. >> it's manure.

i don't understand why this is so complex. >> liberals lambasted pharmaceutical firms as drug prices and profits soar. 1 billion for johnson & johnson. 14.5 billion for merck. 8 billion for brittle myers squib. >> you could choose choose instead of using $6 billion to buy back stock to put that into recertain and development but you don't. >> the republicans defended premarket. >> publicly attack private citizens for being successful under capitalism. we demand ceos come before the committee for public verbal stoning. >> senators repeatedly but bar. >> will you permit. will you commit today that brittle myers squib will reduce the list price of eliquis in the united states. >> senator, we can't make that commitment. >> berner said drugs are prioritized differently abroad, affecting the price. >> some lawmakers said congress will not mandate changes.

that's because big pharma lines the pockets of politicians with campaign cash. $40 million in 2022. bret? >> bret: a lot of money. chad pergram on the hill. chad, thanks. up next the panel on the supreme court taking up the trump-colorado case. plus, president biden not facing charges in that classified probe. buff the other shocking inside the special counsel's report. first, what some of our fox affiliates around the country are covering tonight. fox 5 in san diego where the search for five u.s. marines aboard a helicopter that went down during stormy weather in the mountains outside san diego ends tragically after all five are confirmed dead. the helicopter vanished late tuesday night during a routine training mission. wfxt in boston where passengers two jetblue planes have their travel plans upended after the aircrafts collided on the tarmac at logan airport. >> the jetblue plane was entering a de-icing pad when it

came into contact with a plane. no passengers or crew members were hurt. live look from denver fox 31. another big stories there tonight nonprofit group preserving the red rocks park and amphitheater, gathered 50 pounds of gum under the seats. gum is not even permitted inside the amphitheater, but unfortunately there is no way to enforce that rule. 50 pounds of gum. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ ♪ colorado rocky mountain high ♪ i've seen it raining fire inmb there sky (♪) ♪ the three-row lexus tx. (♪)

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♪ >> when you saw the photograph of top secret documents laid out on the floor at mar-a-lago, what did you think to yourself looking at that image? >> how that could possibly happen, how -- how anybody could be that irresponsible and i thought what data was in there that may compromise sources and methods. by that i mean names of people who helped, et cetera.

and it just totally irresponsible. >> bret: well that was president biden talking about the mar-a-lago finding of documents with former president trump because the special counsel's report today from robert hur says that president biden, then vice president and senator biden withheld classified material willfully but they are not moving forward with charges. you take a look at these pictures from various places in his garage, other places. they describe tattered boxes with classified materials. that are military secrets. they are description of foreign policy in classified form that should not have been there. yet, when they talk about moving forward with charges, the special counsel says that they don't because the president would be a sympathetic well-meaning elderly man with a poor memory and that's the reason they are not bringing

charges because they couldn't prosecute it in front of a jury. and some of the other descriptions inside the special counsel's report are quite something. let's start there with our panel bill mcgurn, columnist for the "wall street journal." fox news state department correspondent gillian turner, and matthew continetti, fellow at the american enterprise institute. matthew, we have read numerous parts of this report through the show in the beginning with jonathan turley. what's your take of this and how detrimental it is to president biden. >> well, bret, i think it's hugely detrimental. this could be the most damaging special counsel report for a sitting president since the star report with president clinton in 1998. it hurts biden in two ways, one it reinforces the trump argument that there is a two tiered justice in this country rules only apply donald trump and well-connected liberal democrats aren't charged for the same violations.

but, two, and perhaps more importantly, it confirms the public's image of biden of someone who is simply not up to a second term. it confirms everything we see in the polling about the american electorate viewing biden as too old and infirm to serve another term as president. this is very damaging. >> bret: president biden, gillian, took -- while talking to democrats in kind of a campaign style event, almost a victory lap that there were no charges, that he cooperated, and specifically he got to the point where he was comparing and contrasting the differences in this case and the former president's case about classified materials. take a listen. >> the special counsel made clear the stark differences between this case and donald trump. he is not only refused to return documents for many months he also obstructed justice by enlisting others to destroy evidence and then lie about it. in contrast, mr. biden, turning classified documents to the

national archives the department of justice, consented to a search of multiple locates, including his homes and sat for voluntary interview. >> bret: so he says there is a difference. he points to what he says obstruction, basically for the former president. i do want to point to this point in hur report. biden's ghost writer, which he shares classified material with, deleted recordings, this report says. at some point after learning of special counsel's hur appointment, mr. biden's ghost whiter mark swanker is deleted converconversations with duringe writing. >> book "promise me dad." the recordings had significant evidentiary value. this the is special counsel's report the most problematic report that is the authors, the

special counsel takes great care to point out that president biden knew how you're supposed to responsibly handle classified national security information. it's not the politics stuff. it's not the salacious stuff in the report is this, bret, real quick. i will read you this line. mr. biden had decades of experience with classified information, was deeply familiar with measures taken to safeguard classified info, and the need for those measures to prevent harm to national security. as commander-in-chief, you were entrusted with a sacred responsibility, which is to safeguard national security and, by extension, u.s. troops around the world. if you know what you're supposed to do to safeguard this, as the report says the president did and does, and you then choose not to do it anyway for your own personal reasons, that's an especially egregious violation of your oath of offers. >> bret: in your previous job you knew a lot about all the classified material handling and what to do and not to do. to hear that senator biden got

classified materials out of a scif, which is a classified area on capitol hill, that you don't take anything out of, and then vice president biden had documents where in this report it says he wrote messages on them and shared that with his ghost writer. documents on the floor various places in those boxes, what do you think? >> first of all, the president, after he was out of office, was never allowed under national security policy to take any of those documents with him, they were not his personal property. even if they were his handwritten notes. all of that classified material is statutorily, bret, the property of the federal government. and, by extension, the property of the american public. one day all of that information would be in the president's archives, which would be eventually declassified and made public in deciding to hold on to them, is he really denying the american public access to the information in these documents.

>> bret: yeah. bill, thoughts? >> yeah. i agree with gillian and matthew. i would add the only thing i matthew i think it suggests that he shouldn't be president now. i mean, the quotes in the report are stunning. he couldn't remember when he is vice president and everything? so legally, the document lets him off the hook. no culpability. but, because, as matthew points out, it emphasizes age, that he didn't -- it paints him as a dotterring old man. i think it says aloud what everyone is thinking. >> he can say there is all these differences with the trump case. >> they see trump gets trump gets book thrown at him. biden gets a pass. i agree with gillian and

matthew. i think it's really going to be damning for joe biden. >> bret: all right. panel, stand by if you would. next, we will talk about the supreme court taking up the trump colorado ballot case and the interesting oral arguments earlier today. ♪

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enumerated list in section 3? the thing that really is troubling to me me i totally understand your argument but they were listing people that were barred and "president" is not there. >> this came up in congress over section 3 where reverenty johnson said why haven't you included president and vice president in the language and senator moore responds we have. look at the language any office under the united states. >> yes. but doesn't that at least that's justice ketanji brown jackson. because they say he led an insurrection. we're back with the panel. matthew, some of the toughest questioning today, and obviously we don't have cameras in the courtroom but we do have audio, the toughest questioning came from justices on the left side

of the spectrum. cerges can he tanky brown jackson. picture for somebody in wisconsin and michigan and disenfranchises voters essentially saying a lot by those questions. >> saying a lot and not in the state of colorado's favor it. did not go well for colorado. and i will think for good reason, bret this is what happens when an untested theory needs judicial reality. and i think the key votes are justice jackson and justice cag for different reasons talking about well is the president even covered by this clause in the 14th amendment and justice kagan pointed out that if we left up the qualification question to the states, the result would be chaos. it's a national question that deserves a national answer. i think we're looking at an 8-1 decision in donald trump's favor. >> bret: and some experts saying maybe 9-0 to try to, you know,

john roberts would really push for that, the chief justice, bill. here is a little clip from the cag q&a. >> justice kagan: if they can put most boldly i think that the question you have to confront is why a single state should decide who gets to be president of the united states. >> bret: bill, thoughts? >> yeah, the supreme court is one of the few institutions in washington still doing its job. this is really not a close case as a frothy reception to colorado's arguments showed. if they rule for colorado, not only do they open the door to the chaos that justices mentioned they are really saying why not just shut down the ballot box. if we are going to allow people to rig it this way and to put -- get their opponents off the ballot based on the flimsy arguments, this argument depended on a lot of ifs.

and i think the supreme court showed its very skeptic about them. >> bret: yeah. "wall street journal" writes it this way supreme court's colorado trump test the best to settle this narrow legal issues and not enter the legal fight whether january 6th was insurrection. the justices don't need to go there if they find that section 3 of the 14th amendment doesn't cover the president. gillian, there were questions that dealt with the insurrection question. obviously the former president is not charged with that he has not been convicted of that it seems they are going down the road of whether it's right for the nation about being on the ballot or not being on the ballot. if you look at the map, there are a number of states that are considering, at least, kicking him off the ballot unless the supreme court weighs in. >> gillian: that line of legal reasoning you just laid out, bret, goes hand in hand with the second line argument that trump's team tried to present

today which is that they are saying colorado is putting the cart before the horse. you cannot bar the president from the state ballot for inciting an insurrection if he has not been charged with inciting an insurrection. or been found guilty of insight an insurrection the other way in which you could avoid talking about this all together. the nuts and bolts of what is an insurrection. >> bret: all right, panel, a big legal day, political day as well. thanks a lot. ♪ >> bret: finally tonight, a special day. >> doctors give the diagnosis but god gives the prognosis. i promised him many years he is going to get through this but we are going to get through this together. >> bret: 16-year-old cancer survivor mason got the surprise of a lifetime earlier today when he was gifted tickets to sunday

night's super bowl. mason and his parents were visiting their good friend phil waterford at his ford dealership when he gave the teen a diehard 49ers fan the exciting news. waterford befriended mason several years earlier around the time of his diagnosis. congratulations cheering for the 49ers. tomorrow on "special report" a look at the road map for republicans to try win back control of the u.s. senate. of the map looks good at least now. remember if you can't catch us live set your dvr #:00 p.m. in .that's it for this "special report," fair, balanced and unafraid. "the ingraham angle" is now. >> laura: good evening, everyone, i'm laura ingraham. this is "the ingraham angle" from washington tonight. elderly man with a poor memory and one who willfully retained and disclosed classified documents. >> that is how special counsel robert hur described the current president