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 of the united states

in his report on the biden classified documents investigation. now, while hur ultimately decided not to charge biden for mishandling the classified documents going back decades, the bigger news was what his team uncovered about the president's mental faculties or lack thereof. the 345 page document is the must-read tell-all of the day. complete with gems like this. he, the president, 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 still vice president? he did not remember even within several years when his son bo died. and his memory appeared hazy when describing the afghanistan debate that was once so important to him. now, there is simply no way to

explain this. you know the white house is worried about the report when biden's attorneys felt the need to dispute the findings about the president's terrifying memory lapses writing: we do not believe that the report's treatment of biden's memory is accurate or appropriate. the report uses highly prejudicial language to describe a commonplace occurrence among witnesses. a lack of recall of years' old events. wait, wait. wait. two white collar criminal attorneys. they allege the report's treatment of biden's memory isn't accurate or appropriate? are they accusing mr. hur of fabricating the fact mr. biden couldn't recall the time frame of when his son died or are they implying that president biden was lying and really did remember those things? how is it highly prejudicial to quote the president's own

answers verbatim? must be maga's fault. now, hur's team went into detail about the president's debilitated memory not to be cruel and not for political reasons, but because it's relevant to whether they could have established intent, writing in the report in a case where the government must prove that mr. biden knew he had possession of the classified afghanistan documents, after the vice presidency and chose to keep those documents, knowing he was violating the law, we expect that at trial his attorneys would emphasize these limitations in his recall. now, marinate on that m for a moment. what hur revealed in this report is what we have been telling you for years. the democrat party, the media, the party's plutocrat donors who have all been behind closed doors with biden, the entire biden presidency has been a lie. because they have known the

truth from day one. all of those groups. he is obviously not capable. he is obviously not in charge. he has no concept of time and space. and that's dangerous. and, on top of that, he has turned america into a laughingstock. the babylon bee in tragic comedic fashion captioned the moment perfectly. man ruled too senile to stand trial still fine to rule country. joining me now sol wisenberg independent counsel and fox news contributor and victor davis hanson. i'm going to ask you the question, sol, the question i brought up moments ago. are biden's attorneys. what are they trying to do there in that statement about the inappropriateness or the inaccurate treatment of the president's mental state? how is that in any way convincing? first of all they are obviously wrong for the reasons that you

stated i guess they felt to had to say something about it you will notice they only said it very briefly. because, if you go into any detail, you are going to highlight the devastating material in there about his declining mental state. sol, that goes to intent, does it not and whether a jury would consider him so sympathetic as kind of an addled octogenarian that they just wouldn't pile on in this case? >> i think -- yes. but i think they are being very crafty here. hur was being very crafty, on the one hand he says accurately that in order to commit this crime, you have to willfully take and retain these documents, which, laura, as you know means you are not only doing it deliberately but you know you are violating the law. they said there's evidence of that. we just don't think it's beyond

a reasonable doubt? why, because right now, he appears to be of really limited mental capacity. those aren't their exact words. they are mine. and a jury would be sympathetic with him. that doesn't deal whether or not he had the proper state of mind when he did these things within the statute of limitations. >> laura: yeah, well, you know the democrats are in trouble when they have even lost frank luntz who after reading the special counsel report tweeted, victor, it will be hard for democrats to make a case for this man to continue being the president of the united states. victor, do could this mean a se towards someone else on the ticket or given what some of the democrats are saying in defense we will get to that in a moment that they're just sticking with this guy regardless of this embarrassment today? >> no, laura, i think at this point their strategy is just to dodge each bullet as they come. what they are basically saying the prosecutor and i guess with

the assent of the democratic party he is not qualified to teach a class, try a case, drive a truck, plumb or wire a home but is he capable of becoming president and staying president of the united states. it doesn't speak to what his mindset was likes a senator or vice president when he took these documents out. you know, this is not a county prosecutor that has a limited budget and has to judge the viability of case. this is one of the most important cases with unlimited resources and he is basically doing the james comey paradigm where i think this is what the jury might think but really it's his job as a prosecutor, if he feels that he is willfully guilty and he did to try to make that case to the jury. not to try to psycho analyze the jury and the viability of whether it's going to work or not given all his resources and the importance of the case: more importantly he said things this i think really inaccurate in the special prosecutor. this was not virtue, this is not

al truism that brought this fact of the removal of the files to case. jack smith was appointed in mid november and right before he was appointed, suddenly, after 15 years, the biden attorneys said oh my god, we just discovered, we had no idea that he had these classified files. just a few weeks, few days before the prosecutor was going to be appointed to look at trump. and they didn't want a symmetry or a symmetry, i should say, they didn't want any culpability. >> laura: got to get into biden's comments today. he addressed briefly the report by hur. watch. >> as many of you know this was an exhaustive investigation going back literally more than 40 years 40 years when i became a united states senator when i was a kid. bought line the special counsel in my case decided against moving forward with any charges. this matter is now closed. >> laura: sol, i guess what else would you expect him to say?

>> he is doing better than the white house counsel did. he is just ignoring all the damaging stuff all together. it's that is from the clinton playbook. i guess that's old news certainly old news to us. victor, you know, made a very important point. prosecutor when he makes a charging decision is supposed to consider what a rational jury should do not what a jury that is biased for or against. and i think that's what in effect hur did here. and he had a very interesting slight of hand. because he said he talked about how dod dering president biden is now what was his state of mind kept these documents no question he knew he shouldn't have them. he tells his biographer, his ghost writer other it's in a bunch of classified documents

that i have downstairs. he spent time in a scif. he knew exactly what he was doing. >> laura: do you think hur came to the right conclusion? i mean, you were in the independent counsel's office. do you think he came to the right conclusion here? >> well, he did one thing that was admirable in comparison to what robert mueller did. he says at the beginning we can't indict him because he is a sitting president. but, by the way, even if he wasn't, we wouldn't indict him. at least he took a stand mullen should have done the same thing for president trump. and he didn't do it. i don't know. i haven't seen all of the evidence. >> so i don't know if i would agree with the ultimate conclusion. >> laura: victor, very quickly, i want you to react to some of the democrats coming out to pile on in defense of biden today watch. there is editorializing in this report about biden's memory. and i think if you think about what it takes to sit down for one of these interviews and ask

to be -- asked to recall information, dates, specifics about things that happened six, seven, eight years earlier. >> and not know what year you are vice president? >> he has got a lot on his plate. >> victor, is that convincing, really quick? >> yeah, well they want to square the circle. on the one hand they don't want him to be culpable and face legal jeopardy and on the other hand they don't want him to be considered by the country demented and they are not compatible. they have a problem. >> laura: it was a wild report to read. i must say. it was quite cleverly done, sol and victor, thank you. fox news white house correspondent peter doocy joins us now with the latest reaction from the administration. we heard biden earlier, peter, what else? >> peter: laura, we have known all day that the biden team got this report ahead of time. they decided not to assert executive privilege on anything, but they did ask the special counsel for some slack. expanding on what you read earlier, they wrote. of the report uses highly prejudicial language to describe a commonplace occurrence among

witnesses. a lack of recall of years' old events. such comments have no place in a department of justice report, particularly one that in the first paragraph announces that no criminal charges are warranted. and that the evidence does not establish mr. biden's guilt. to hear president biden tell it himself though in scripted remarks, the things he was asked about over two days in october covered a lot of ground. >> i cooperated completely, i did not throw up any road blocks. i sought no delays. in fact, i was so determined to give the special counsel what they needed i went forward with a five-hour in person interview over the two days of october the 9th -- 8th and 9th. peter pottery on the official side the white house's special counsel is chiming in with this. we disagree with a 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 the evidence. and, remember, when i asked karine jean-pierre two days ago

about an apparent lapse in the president's memory over the weekend i was told that talking about that is going down a rabbit hole. today it's not a rabbit hole. it's 388 pages of a government report that concludes essentially one of the main reasons not to charge president biden or pursue charges is because if he wins another term, he is not going to be -- is he going to be in his late 80's by the time they get to him, laura. >> laura: and the jury would find him, perhaps, very sympathetic because he is, you know, of his current state. that was basically the import of this. peter, do you believe the white house will further address his lack of availability for comprehensive one-on-one interviews, especially that usual super bowl interview that presidents tend to like to do? >> peter: my first read on this would be they will have to make him more available. because you can't just say his memory is fine. just take my word for it. when we know that the special

counsel has listened to all these interviews that he did with the ghost writer of his book and said it was painfully slow listening to the president talk, the number of things, important milestones in the president's life that he says that he does not remember the exact timing of. it's not going to be enough for folks around here to say we work with him every day. the staff has a hard time keeping up with him. you should take our word for it. we are the ones that see him. that's not going to be enough anymore. i could be wrong, i would guess we are going to start to see more of him and we will see if that helps. >> laura: are your colleagues going to demand that, given they are in the press corps and one would think that they would be really kind of tired of being given the stiff arm from the white house. >> people ask for access but i think it's one of those things the white house press team knows that we're never going to be satisfied. we could talk to him every day and it's never going to be enough. however, the amount that we have seen him since he came into office -- because, when it was the early days, social

distancing, no guests at events, he would talk. there would be like 13 reporters in there. there would be a back and forth after almost every single set of remarks for like two years. and now that happens every two months? and so, in terms ever demanding more access, i don't know that they really care about what we want. but it would be great. >> laura: nine more months, peter. nine more months until the election. we will see if they can hide him or put him out there. peter, thank you. great to see you tonight. coming up, joe biden used the same defense for having classified documents as president trump, only one of them got charged. mike davis, chris landau react to all of this, next. ♪ like your workplace benefits and retirement savings. voya helps you choose the right amounts without over or under investing across all your benefits and savings options.

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>> laura: defense in classified documents case he told the investigators like presidents and vice presidents before me i understand these notes to be my personal property. they're mine. well, sound familiar? yeah, we have heard that defense before. but with a much different prosecution response. >> threatening me with 400 years in prison for possessing my own presidential papers, which just about every other president has done is one of the most

outrageous and vicious legal theories ever put forward in an american court of law. >> laura: joining me now mike davis former clerk for justice neil gorsuch and justice landau justice scalia and ambassador to mexico. trump was obviously indicted in his case. biden gets off with he's old and can't remember anything defense. he wouldn't evening answer investigators when they asked did he believed his notes contained classified information, whether he believed he was authorized to possess classified information after his vice presidency or whether he took steps to avoid writing classified information in his notebooks? mike, your reaction to the special prosecutor's decision. >> i think what is important to remember is that it is biden, attorney general merrick garland who made the decision to charge president trump for retaining presidential records he is allowed to have under the presidential records act he had

them in the office of former president heavily guarded funded by congress. and garland made the decision not to charge biden for having five sets of stolen classified records moved several times unguarded for years accessible by biden's chinese agent almost certainly used by allowed to have but not charge biden for records that he stole. >> i mean, chris, to laymen out there and we all clerked on the court. laymen out there hearing this think think this is just a double standard. hur though was a trump appointee. but, your reaction to this? is this a double standard? >> laura, of course it's a double standard. and worse than that, laura, this is an emperor has no clothes moment. this man is obviously not fit to be president of the united

states much less to be running for another term at this point, you have to ask the people who are his enablers have you no decency? what the heck is going on here? and, obviously, the hur report talks about the history of disputes over presidential patience going way back and tries to distinguish or suggest that there is a distinction for trump that trump wasn't as forthcoming. but that's a process crime. again, this is just like the mueller report. we get process crimes that they talk about. you know, this is no basis to charge a former president for the first time to be bringing criminal charges, laura. it's just a travesty. >> laura: now, cnn's hoenig referenced trump's statement today and mentioned this point. watch this, mike. >> donald trump repeats the tired, false refrain that he is somehow protected by the presidential records act that has no application to any of this. >> laura: no application, mike,

going right at your favorite response. >> well, i mean joe biden said that the presidential records act applies but apparently not when his justice department is bringing a political prosecution against their political opponent, donald trump. the presidential records act is any documents created or received by the president's and his white house staff. and this includes documents that are sent to him from the cia, the state department, the defense department, those are presidential records. >> laura: chris, i want to ask you about the white house attorney's response to this report saying that the comments and the -- you know, basically saying it's inappropriate, inaccurate, editorializing about the president's mental condition saying they took issue with the conclusions but it was showing signs of essentially severe bias in the report. your reaction to that? >> laura, as i think you mentioned earlier, it's very material to the ultimate outcome

of the report because this thing was not a clean bill of health by any means as the president was suggesting this afternoon. this is a very damning report that concludes that the president did wonderfulfully take these documents and endanger national security and the only reason it says we're not prosecuting is just because of his diminished mental capacity this is a justice department report. this is the man who is negotiating with putin and xi jinping missile strikes on the houthis who may take us to war in iran. this is very disturbing. lawyer lure is in charge? >> that's a great question. >> laura: this entire presidency has been propped up by a lie that he was in charge. and when we read this special prosecutor's report, based on our direct interactions and observations with him, he is someone for whom many jurors will want to identify reasonable doubt. >> it will be difficult for a jury to convict him by then

former president well into his 80's of a serious felony that requires a mental state of willfulness a mental state of willfulness. i mean, if you can't answer questions about when your own son passed away, the time frame, are we to believe that biden's making the calls about foreign policy, trade, the border mike davis? >> i mean, think about what hur is saying here, that biden is a criminal but he is a lovable commented criminal so we are not going to charge him. >> well, we understand that the president, they see this is a problem >> laura: and president biden is planning now to address the nation at 7:45. so we're going to stay on this: the fact that they had to send their two lawyers out, to respond to this report, when the report actually, you know, in a

sense, you know, not vindicate but says we are not going to charge him because we don't think a jury will be able to find and this man was such a diminished memory, again, about basic things, they don't charge him. biden kind of brags about that today when he goes up there, avoiding the other issues. but then the lawyers feel compelled to come out to say no, no, no. it's inaccurate and inappropriate. shouldn't have talked about his mental state, wrong, wrong, wrong. now the president is coming out at 7:45. why assume. we don't have any other guidance on this, there ask a reason he is coming out. i'm vigorous, i'm here, i'm with you. i'm leading the country. they're going to have to do more than come out for five minutes at the end of the day or 10 minutes. >> i would think so, laura i think the figure is up. the emperor has no clothes. you have to believe your own eyes and ears are lying to you at this point. and they just can't hide it

anymore. at some point you can't just keep lying anymore. it's too obvious, laura. >> laura: mike, mitterrand is gone, helmut kohl has passed away. but biden keeps talking about conversations. maybe he does actually think he is having conversations with them. i mean, i actually to some -- in some way feel sorry for him. i blame his family. they know exactly the kind of condition he is in. my own father suffered from, you know, decline as so many of our aging parents do. it's a natural course that most people take. but, this is no joke at this point. we have serious issues facing this country. and we are all supposed to pretend that oh, it's kind of cute that he mentioned mitterrand or kind of cute that he didn't know when seminole acts in his life occurred. those happened a long time ago. how serious of a juncture have we arrived at, mike?

>> you have a president who does not have the mental capacity to stand trial for criminal charges, including according to his own justice department, how can he be the president of the united states? and the commander-in-chief? he doesn't remember when he was the vice president. he doesn't remember when his son died. i mean, this is very scary stuff. and if we actually followed the constitution, this might be the time for biden's cabinet to look at the 25th amendment on his mental incompetence. >> laura: i was just going to say that chris, you were in the administration as ambassador to mexico when the democrats were rushing in. remember, to say that oh, you know, who in the trump cabinet is going to act on the 25th amendment? there was rumors that people were actually considering doing that, i think it was the pentagon chief, perhaps? >> 100 percent. >> laura: that was a go to line from the left during the trump presidency. that's how desperate they were.

now we have a situation where you hate to say it, it's for grave circumstances like this. you are the constitutional, you know, scholar here, chris, is this -- is this a potential 25th amendment situation if people are being honest? >> 100 percent, laura. this president, if he is asking "am i still the vice president?" okay. if he is asking that question. he cannot possibly be faithfully executing his duties as president of the united states of america. this is exactly what the 25th amendment is about. and you are right. we heard all about the 25th amendment under trump. it was a parlor game in washington. that was a joke. but this is actually what it is about. let me tell you, as you know, better than i. this will be buried. nothing to see here, folks. let's just move along. that's been their spin for years now. necessarily think that will change. at some point the american people just have to say enough is enough. >> laura: yeah, i think that approach has been their approach

to major, major issues. including the border. they tried pretend it wasn't a crisis. it always was a drivers though tried to pretend that inflation was never going to come. inflation was coming. they tried to pretend they could spend with no repercussions they couldn't spend. pretend biden couldn't forgive student loans the court said no. they have been pretending a long time. pretending there is not a crisis at their own peril. stay with us. and we also have the former speaker of the house, fox news contributor newt gingrich he joins me as well now. your reaction don't, the president doesn't often come out to address the nation at 7:45. he is usually not in the best shape at 7:45, given past experience. they are worried about this report, no doubt about it. >> well, it will be interesting to see what he says. i mean, this report basically says that he is so incompetent

and so sad and so lacking in any kind of memory that no jury would convict him of willfully breaking the law because they don't think he has enough cognitive ability to willfully do anything. i mean, if you actually read what hur wrote, the special prosecutor wrote, it's beyond devastating. he couldn't remember what year he was vice president? he couldn't remember what year his son died? you just go down the list. it makes you feel sad and it makes you wonder how his family could allow him to be this publicly humiliated. so i have no idea what he is going to say at 7:45. and one level and it won't happen. you can imagine him saying, you know, i read the report and he is right and i can't really be president so i'm resigning and kamala harris will be the new president. that has its own set of problems. and as the best argument against the 25th amendment.

buff, i read this report today and i'm now increasingly convinced he will not be the democratic nominee: the party will rebel and will figure out you can't possibly ask the country to give four more years to a person. [clearing throat] who his own justice department says is mentally so incompetent that it wouldn't be fair to try him because he couldn't possibly know what he was doing. that's the essence of what they are saying. well, if that's true, how can he be commander-in-chief? how can he be dealing with iran or rickenb russia or china. i think this is a big, big problem, and should be a serious national debate. >> laura: well, we have to play this, newt. this is when biden ridiculed trump over his classified docs case. watch this. >> when you saw the photography of the 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 anyone could be that irresponsible. >> laura: it's irresponsible when trump has personal presidential records, presidential records in mar-a-lago it's not irresponsible when you stuff them between some old hand me down clothes, some old files and shove them up near the classic corvette. that's totally cool. >> which by the way hunter biden was working on. as soon as i read this, i said they don't prosecute hillary clinton. they don't prosecute joe biden. they should drop the case against donald trump. i mean, how can the attorney general justify a case against trump for doing less than what biden did over a shorter period of time and the truth is, that trump, in fact, offered to cooperate, the fbi came and

visited. and called a couple days later and said would you put an extra lock on the door. this makes the justice department look even more totally outside the law. i think the attorney general has a real challenge now. i want to hear his explanation for how they avoided hillary clinton after deleting 33,000 emails and physically destroying her computer. and now they are going to avoid biden -- remember, biden's ghost writer destroyed the audiotapes that we had made once he learned there was a special prosecutor. so, when you talk about obstruction think certainly were engaged in obstruction. i don't understand how any reasonable person can think that it's okay to ignore hillary, it's okay to ignore joe biden, but now this donald trump problem, that's real. i think it puts the entire justice department process

totally in disrepute unless the attorney general says we have to apply the same standard to trump that we have applied to these two democrats and, therefore, the case is dismissed. >> laura: there should be a lot of resignations tonight after this report came out. a lot of resignations given what we have learned. a lot of people haven't been doing their jobs and have been covering for biden. now, the democrats, newt, went out on a limb today for biden. democratic senator mark kelly told cnn he is not seeing any signs that biden has a poor memory. richard blumenthal dismissed some of the claims that questioned biden's memory saying i talked to him at hours on end as recently as a couple months ago, and the president is as sharp as ever. i mean, newt, come on. i have it on good authority of a friend of mine was in the white house a couple weeks ago, and she is not a trump fan, let me just say this. she was up close and personal with the president. and was shocked.

her words were shocked about his state. >> look, i think people have to understand the president of the united states has a military officer with him at all times carrying the briefcase which has the nuclear codes to launch weapons and potentially create world war iii in a matter of minutes. and we're now told we have a president who literally who is so cognitively impaired, based on his own justice department, that he can't be tried because no jury would think he was capable of doing something deliberately. i mean, if you read the actual language -- and it's all available. it's all public information. if you read the actual language of the report. >> we have been quoting it all night. i mean, it's -- yeah. i mean, they are basically saying he is too addled.

>> reasonable person can look at that raise the question, would it be less of a risk for america to have kamala harris -- as bad as she is to have kamala in charge because she is at least -- she is at least here. >> laura: newt, newt, you are a lot smarter than i am biden is not in charge. we have to stop saying he is in charge. we don't know who is in charge, which i think is very, very disturbing. i mean, people say obama is still in charge. who knows who is in charge. maybe it's, you know, the national security adviser, maybe it's blinken and -- i don't know, we have no idea who is in charge maybe kjp, we have no idea who is in charge. fox news senior national correspondent kevin corke joins me now from the d.c. bureau with the latest details from the white house. kevin, what can you tell us? >> listen, this is one of these stories, laura we will remember for quite some time. we are talking about damning allegations in a very lengthy report from the special counsel,

robert hur. as you pointed out, he recommended against criminal charges in part because he believes the jury, law, would view president biden as a, quote, elderly man with a very poor memory. just one of the many stunning proclamations in a 388 page investigation record which, as you know, admonish dollars the 81-year-old for willfully flouting legal restrictions by keeping sensitive documents throughout his career as both a senator and as a vice president. this may be tonight a chance for the president to not only push back against this narrative that somehow he did something nefarious. you heard earlier today he tried to draw a very clear distinction between what he did and former president trump is accused of having done. still, that said, i, for one, would like to see him talk more about why he was in possession of all this material, especially for quite some time. there is something else the president could want to talk about tonight in addition to what happened, obviously, with

the special counsel, in fact, he may want to past any questions related to that we also have a very serious budget circumstance here in washington. we have a situation where we have numerous foreign entanglements, including one obviously in gaza between israel and the hamas he may want to address that. and i wouldn't be surprised, laura, as i sort of talked to some of my sources and, in fact, have been checking my phone here seeing if i got any new messages, i have some fierce out. i will let you know. i would also not be surprised to see the president try to use this one moment to really lay out his argument for a pathway forward as it relates to not only national security but international security. and we can talk about the border as well, by the way. but, for me, especially here today in washington, everyone is talking about what the special counsel had to say today. robert hur, i think a scathing report that said, among other things, that biden's practices present very serious risks to

national security. he also added that the president portrayed himself. >> laura: thank you, joining me now is ned ryun, american majority founder and ceo. ned, you're with us now. your reaction to law are seeing. i have audio problems here. i will let you go ahead. ned, the double standard argument has been made. you are reading through this report. and you see excruciating detail where all these documents were. again, they did that with trump. they are in the bathroom. they are under the safe. and i can hear you now. that's good. and so excruciating detail what they were labeled and how they were lying all around. biden is saying no, this is different how is it different. >> it's not. again, you mentioned double standard. i think the thing that's terrifying to me is when the special counsel says that he is in such poor health he can't remember anything. it's terrifying to think and i

don't think he is actually in charge. but what if he is in charge that you are saying this guy is -- has such poor memory and such poor health that he can't be, you know, accused of these things because he literally can't remember. and if that's true, why is he still considered the leader of the free world? and if he is not in charge, who is in charge? and then what's the point of having elections if somebody is sitting in the white house that clearly has such poor memory and has such cognitive decline that they can't -- they can't be held accountable supposedly for their actions. but, laura, this continues to play out as i thought it might. a lot of people looked at one side of the coin of all of this lawfare against trump as though it's somehow going to take him down. as though somehow it was going to succeed. there was fatalists among people that said they are going to get him on something. i would challenge people to look at the other side of the coin. what if this all starts to fall apart and the normies, people not political voting this fall start to realize and it becomes abundantly clear that this is purely political. this is lawfare that is meant to

take out trump. that is the most spurious of charges. there is no validity. you see the fani willis thing falling apart. the colorado case a complete disaster in front of the supreme court. >> laura: judge engoron? let's not forget him. >> on the flip side of the coin, these things all fall apart. and instead of bringing down trump, it causes him to surge with the normies and independent voters. i want people to think of that side of the coin. >> laura: hey, ned, we don't know what the president is going to say today. they don't come out and they don't put him out there unless it's absolutely necessary, no way no how do they risk him on live television unless it's absolutely critical that he goes out. am i correct on that? >> something you and i talked about a couple times that they are holding onto the slimmest of

margins with this empty husk of a person trying to keep him moving forward in hopes that they can continue to fool the american people that he is somehow able to run for re-election in november. but, again, it's a very tenuous hold that i think they have on keeping him propped up. and they are doing all that they can to make sure they allay the fears of people that somehow this is all going to implode some time this summer. i'm starting to sense that, again, if he -- if they cannot hold this together, and they are realizing the desperate situation they are, in laura. i'm telling you, august dnc. >> laura: they are going to pull him. the thing they are most afraid of, ned, is that trump is going to get back to washington and this time the swamp will be drained. okay? and this time it's like no more mr. nice guy. right? he is going to drain the swamp. >> day one. day one get the administrative state. day one, restoration of the republic. devolve and break apart the administrative state and remove these unelected bureaucrats from

doing the actual governing and return it back to the duly elected representatives of the american people. >> laura: they are worried about a meal lay moment in washington where suddenly 20% of the federal workforce is given a pink slip maybe more. so wounded report raises concerns about his memory, and it's every headline. i mean, they can't -- they can't deep 6 weighs in the actual report. they are trying but they really can't. that's a lead story in the "new york times" tonight. ned, stay with me. >> that desperate. >> laura: hold on, ned, we got to get back to mike davis, former law clerk along with chris landau both clerked on the supreme court. mike, we are going to see what president biden -- what they try to cook up for him tonight to clearly restore the public's faith in his abilities.

i think it's going to take a lot more than whatever they can produce on a teleprompter at 7:45-plus at night. >> those white house military doctors are going to have to load him up with a lot of drugs after today. >> laura: okay, stop. we don't know that stop, stop. >> to keep him -- >> laura: but the truth is, this is a kind of do or die moment for biden politically. this is a low water mark after many low water marks for him on -- he didn't get the border bill. they didn't get that through for political cover. they are going to lose this case in colorado at the court as we already discussed. and now this report about his mental faculties. he is not chalked up a lot of wins lately. >> no. i mean the biden presidency is in complete and total free fall. and i don't know how the democrats are going to rescue this. you have to wonder what is their plan b? who are they going to bring in to replace biden on the ticket? how do they passover the sitting

black female vice president and replace biden with someone who can actually -- who actually has a shot at beating president trump on november 5th, 2024. they are in a very bad place. >> laura: chris, i'm looking at the "new york times" tonight. and the way they describe it is this is a legal exoneration but a political nightmare. again, i'm reading headlines just up on the "new york times." this has been the great defender of joe biden. but they see that this -- he is at a crossroads here. and i don't see at his age, with his mental declining mental state and i know it sounds harsh to say that but it's there. he is quoted in this report. these are not made up quotes. these are quotes from the investigators in this report. i don't see how you can say anything except this is -- this is literally on life support right now. i'm surprised the "new york times" doesn't headline this republicans pounce on report. that's kind of par for the course for them.

>> laura: that's there, too. >> okay. is that there, too? >> laura: that is sprinkled in the coverage, republicans pounce on report. but, in the end, i mean, everyone -- everyone will hear about what's been in this report. i mean, if people are in any way connected to the news in any way online, i mean, they are doing screen grabs of this special counsel's report. and the screen grabs are devastating. devastating. >> laura, this is forcing us to confront what we have been seeing now for a long time. but especially getting worse in the past year. this man is not fit to be president. i think the question is can he finish his term? much less can he actually run again and serve for another four years. you know, i don't see how he allays those concerns, at least the re-election concern tonight. i mean, again, i think the question is what the heck is he doing in that office right now if he is not even fit to stand

trial. >> laura: what are they telling him? like, are they -- is he actually cognizant and aware of how serious this is? that question i will pose to victor davis hanson who is still with us. victor, given his approach -- like he goes out, they have the prompter there, when he goes off script, he makes comments that make no sense, refer to dead people, doesn't know how to get off a stage. has trouble, you know, with his gate. you have seen that before. but, do you think he really is cognizant of how much of a hole he is in right now? >> i don't know. but i think they are in a rock and a hard place, laura. they have two choices. he can go out and try to be cognizant and show everybody that he is in control and the more he does that, the more he justifies a sentence or an indictment because the prosecutor said he was guilty of these alleged crimes. and if he is as competent as he

says he is and they say he is, then he is more guilty than ever. on the other hand, if he goes out and says i'm not guilty because look at me i can't -- i don't really know what's going on, then he is not qualified to be president. so he is either going to be -- according to the logic of it, he is either going to be indicted or not going to be a president. i think that seems simplistic that's the real truth. they can't get out of that. because the prosecutor is basically told the nation this man would be indicted if he were not cognitively challenged. so he is going to come out tonight and do, what? i'm not cognitively challenged but i deserve to be indicted or i am cognitively challenged and i'm not qualified to be president. i don't know how you get around that people aren't stupid. they are watching this. they know that. >> laura: victor, getting back to the media. "the washington post" is trying to gloss over this. but even cnn, takeaways from scathing report into biden's handling of classified documents. i mean, these aren't headlines

you're used to seeing in the traditional corporate press. maybe they feel like now it embarrasses them for having protected him all these years. >> i think so. and i think they are very scared that all of these cases against trump are starting to crumble. we saw that with fani willis and i think they feel, wow, it's going to be politically impossible now to indict trump when he had punitive power to declassify, when he didn't have these documents in his possession for 15 years, when mar-a-lago was more secure than rickety garage of joe biden. it's just as a political matter, it's almost impossible now to go through that. the public outrage would be overwhelming. it would be unindurable. i think they are afraid that these things are blowing up in their face and giving enormous empathy for donald trump. he is the beneficiary of this

entire sorted day we had today, laura. >> laura: we even have a situation, victor where jake tapper on cnn was pressing a former biden official kate bedingfield about the president's memory lapses. i mean, again, there's -- it's -- it we mind me of how they treated bidenomics, right? or they didn't talk about the disastrous afghanistan withdrawal. if they pretend like it's not actually happening, then people will forget about it. people will forget that people were falling from plane wheel wells or people forget that they can't afford a house now, a mortgage. but the spin doesn't work. it falls apart. but that's all they thought they had was a pr problem. and if they treat this moment like it's a p.r. problem, victor, where does this go? >> well, i think they have jumped the proverbial shark. right now there is a lot of journalists who say i want to

get out of dodge. i want to go on record that i have always said. i always believed he had mental problems or he was not -- and i think they are going to try to be the first to say i have integrity. i'm empirical i'm disinterested because it's going to get worse and worse. they don't want to be the last person on the biden is competent train. i think they want to get off. i expect just the opposite. i think a lot of people are going to say i knew this whole time i just couldn't say so. i think we are reaching a point where i don't see how he is going to be tenable when a federal special prosecutor appointed by the attorney general saying he is essentially unfit to be president of the united states. what do you do after that? >> laura: well, newt, i want to get back to newt gingrich for a moment. newt, they tried, but failed, to explain this away from the white house briefing room. and karine jean-pierre has been pushed on this, the me m memory laches mitterrand this is what she said.

>> the president's public remarks talked about having conversations in 2021 about european leader who were deceased at that time. >> as it relates to the names and, um, and what he was trying to, you know, what he was trying to say, look, many people -- elected officials, many people, you know, they tend -- they can misspeak sometimes. >> laura: i mean, newt, at what point do the journalists try to save the remaining shah reds of their own credibility here after having covered for biden for three years? >> well, let me take this to a slightly different level, closer to where i think victor davis hanson was. this isn't political. the president of the united states, the man who could create a nuclear war has been declared by his own justice department to be mentally incompetent. remember, they are arguing for not tr -- argument for not tryig him is no jury would believe

this pathetic aging person who has no memory could have done anything to deliberately. now i find that terrifying. i mean, if we literally tonight have a president of the united states who is that incompetent, this is the worst thing since woodrow wilson had a stroke and for years his wife ran the white house with nobody realizing he was totally incapacitated. we now are being told publicly by the justice department biden has for all practical purposes incapacitated. this is the man who could start a nuclear war. i think it is the most sobering thing i can think of frankly in american history. this is a huge crisis. and it's way beyond politics. it's about the very survival of the united states. >> well we have really serious foreign policy crises that we're facing. we have taiwan on edge because of china's ambitions.

we have an ongoing massacre of christians happening in africa, which we don't talk about. you know, we have obviously the war in ukraine kind of at the very, you know, most charitable description at a stalemate. and, of course, we have the middle east. so, and we got the border. so, we have all these problems, and is this not a time, newt, where our adversaries would feel most comfortable in taking advantage of this obviously addled president. >> north korea probably has enough nuclear weapons now and they are increasingly belligerent and increasingly leaning toward attacking south korea. all these things up and say this to yourself. in every major capitol, the intelligence officers tomorrow morning are going to walk into their leader and say here is what the american justice department has told us about the

president of the united states. he is mentally incompetent. i find that sobering as anything as i have seen including. this is a really dangerous moment for america. >> laura: section 24 of the 25th amendment could be at play here. we have cabinet members who i assume are concerned of this. i want to read, this newt, for people that are constitutional refresher, pardon not having the graphic up. but whenever the vice president and a majority of either the principle officers of the executive departments or such other body as congress may, by law, may provide, transmit the president pro tem of the senate and speaker of the house, their written declaration that the president is unable to discharge the powers and duties of his office, the vice president shall immediately assume the powers and duties of the office of acting president: could would he be at that moment, newt?

>> i think we are very close to it. if, in fact, he continues. i think this speech is really important in trying to assess, you know what i mean? what is he going to try to communicate to the country tonight? my hunch is that nobody in the white house quite gets the devastating nature of the way in which he was dismissed by the special counsel as being literally incapable. >> laura: here he is. he is coming out. newt, we got to go. thank you. the president is about to walk out. and i think we're going we will. >> i think they do realize this is bad. i said this before and i will say it again. they don't put joe biden out. here he comes. we will go to the president on

his way out of the white house. i will say a few things before i take a few questions. as you know the special counsel released today, they are looking to my handling of classified documents. i was pleased to see the affirmed conclusion that no charges should be brought against me in this case. this was an exhaustive investigation going back more than 40 years. even into the 1970s when i was still a united states senator. the special counsel acknowledged i cooperated completely and did not throw it any roadblocks. i saw no delays. in fact i was so determined to get the special counsel what he needed, i went forward with a five hour in person interview over two days on october 8th and ninth of last year. even though israel had just been attacked by hamas on the seventh and i was very occupied. i was in the middle of handling an international crisis.

i was especially pleased to see special counsel make clear the stark distinction and difference between this case and mr. trump's case. special counsel wrote and i quote several distinctions between mr. trump's case and bidens are clear. most notably after given multiple chances to return classified documents to avoid prosecution mr. trump allegedly did the opposite. according to the indictment he not only refused to return the documents for many months and also obstructed justice by enlisting others to destroy evidence and then to lie about it. in contrast, mr. biden turned in classified documents to the national archives and the department of justice. the search of multiple locations including his home sat for voluntary interviews and in other ways cooperated with the investigation, and of quote. i've seen headline since the report was released about my willful retention of documents