blm, an antiracist blm who wants to defund the police. it totally makes sense when you speak to these people about why they hate police and why they want to defund the police. it goes back to their childhood. like most people, they open up to me and tell me all the troubling traumas they have experienced and how all of their political beliefs have nothing to do with logic. it's all an emotional expression about maybe daddy issues, insecurities they have. it's a eye-opening book. it is up there with some of the greatest books that have ever been written. that is not me saying that. that's my editor. remember i am watters and this is my world. welcome to hannity. we begin with a fox news alert. we are following two massive stories tonight that could rock the 2024 election. first the long-awaited special counsel report on president

biden's mishandling of top-secret classified documents from his time as a senator, vice president. they have now been made public. that report is beyond damning. by dinges tried to save face with the american public. it was a shocking display of his cognitive decline. we will play those outrageous remarks in a minute. let's lay out the details in this report. devastating. according to the report, quote, "president biden woefully retained and disclosed classified materials after his vice presidency when he was a private citizen. investigators found classified documents including notebooks from meetings regarding highly sensitive material on foreign-policy and national security carelessly stored in what appears to be his garage. and while what the special counsel found about biden's handling of classified documents was alarming, what it says about his cognitive state is quite frankly shocking.

and by the way, it should have every single american concerned about the mental health, the cognitive health of the president of our country, the president of the united states. according to the special counsel the department of justice is not charging joe biden, quote, "because 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. let me get this straight. does this mean the special counsel is not charging biden because of his cognitive decline? and would come off as a nice guy? i thought the special counsel said he did this willfully? by the way, it gets much worse according to the report. on the first day of biden's interview he could not even remember when he was vice president. he asked the people interviewing him if it was 2013. when did i stop bin vice president? he couldn't remember when he took office as vice vice

president. asking this question, in 2009, am i still vice president? and what probably is the saddest part of the entire report, and it said, joe couldn't even remember within a few years when his son bo died. according to the special counsel's findings biden's clear cognitive struggles with his ghostwriter in early 2017 just months after leaving office as vice president, quote, "likely appeared consistent with the diminished faculties and faulty memory. and frankly this is scary. we have been warning you about this for years. joe biden does not have the cognitive strength and ability and mental stamina to take on the toughest job in the world and that is to lead this country. i am not being flippant when i say this. they are describing a president of the united states who could not be one of those very nice walmart greeters because they would be describing a person who would be cognitively incapable

of actually remembering where every department is in the store the special counsel is saying loudly that joe biden is unfit to be the president. think about what the rest of the world is thinking about this report. joe was in charge of our nuclear weapons. he's got the nuclear football with him at all times right next to him. tonight even the media mob is struggling to defend him. nbc news reporting the special counsel's assessment of joe biden's mental state has triggered democratic panic. the washington post said the report was, quote, "painting a scathing picture of biden's memory. both the u.s. a recap of the court and the axios right out pointed to the growing questions around biden's memory concerns. the hill called it, quote, " eyebrow raising report. when pressed by reporters tonight in a bizarre press conference he only answered

about three questions. biden dismissed questions about his age and memory. take a look. 2 president biden, something the special counsel said in his report is that one of the reasons you were not charged is because in his description you are a well-meaning, elderly man with a poor memory. >> i am well-meaning and i am elderly. i know what the hell i am doing. i put this country back on its feet. i don't need his recommendation. >> reporter: how is your memory and can you continue as president? >> my memory is so bad i let you speak. >> as your memory gotten worse? my memory is fine. >> reporter: i do fear that this report will fuel further concern. 2 only by some of you. >> reporter: when asked about your age you would respond with the words watch me. then the american people have been watching and they have expressed concerns about your

age. >> that is your judgment that is not the judgment of the press. >> reporter: they expressed concerns about mental acuity. they say you are too old. in december you told me that you believe there are other democrats who could defeat donald trump. why does it have to be you now? >> i am the most qualified person in this country to be president and finish the job i started. >> peter doocy will join us. a very contentious press conference. if we look at modern history and modern level of presidency and the people that have served, i can't think of a worse report or a worse press conference than this one. joe, if your memory is fine, why couldn't you remember the name of the church your son's rosary is from? he couldn't remember. this is at this disastrous press conference after the release of the disastrous report. look at this. >> i know there some attention to the language in the report

about my recollection of events. in reference that i don't remember when my son died. how in the hell dare he raise that. frankly when i was asked the question i thought to myself it's none of their damn business. let me tell you something. some of you have commented. eyewear since the day he died every single day the rosary he got from our lady of. every memorial day we hold a service attended by friends, family and people who loved him. >> our lady of rex i am not making fun. he couldn't remember. that wasn't his only blunder in the short press conference. he called the president of egypt the president of mexico. that means president el-sisi. take a look. >> the conduct of the response in the gaza strip has been over

the top. i think that as you know, initially the president of mexico, el-sisi did not want to open up the gate to allow humanitarian material to to get in. i talked to him. i convinced him to open the gate. >> the president of egypt. is it time to consider invoking the 25th amendment? you may remember section 4 of this amendment. it authorizes a vice president and a majority of principle officers of the executive department to now transmit to the president pro tem of the senate and the speaker of the house. the written declaration that the president is unable to discharge the power and the duties of his office allowing the vice president to immediately assume the powers and duties of the

office as acting president. now going back to the damning report. when pressed about why he took the classified material in this angry presser declared that the notebooks are his, quote, "property and that, quote, "every president before me has done this exact same thing. sound familiar? this is almost the exact same argument former president trump made right here on this show last year. months after investigators conducted their rate of mar-a-lago. aget he still faces charges. this is why the house judiciary is rightly investigating whether joe biden's department of justice is weaponize, whether or not the doj has been politicized. tonight after the release of the report trump called on the special counsel in his case to dismiss all charges related to the classified document issue. but sadly, what have we learned? if you are hillary clinton or joe biden you get one system of justice. we have a two-tiered system of justice.

and is now on full display wants again. hillary clinton, remember her? she deleted 30000 subpoenaed e-mails sum with classified information offer private server. she faced no charges. don't forget we know about the top-secret classified documents that james comer did find. but no reasonable prosecutor would cross acute. now he gets off without charges us like hillary and james comey exonerates hillary. donald trump gets his home raided and charges brought against him. remember james comey found tons of classified e-mail on that laptop. top-secret classified e-mails. it was believed our enemies might have had access to it. but first our other top story. we will get back to this in a minute. earlier today the supreme court heard oral arguments over the colorado attempt to ban donald trump from that ballot. it was a disaster from start to finish for the leftists in

colorado. listen to this. >> if colorado's position is upheld surely there will be disqualification proceedings on the other side. i would expect that a goodly number of states will see whoever the democratic candidate is you are off the ballot. and others for the republican candidate you are off the ballot. it will come down to a handful of states that will decide the presidential election. that's a pretty daunting consequence. >> what about the idea that we should think about democracy, think about the right of the people to elect candidates of their choice, letting the people decide? your position has the effect of disenfranchising voters to a significant degree. >> the question you have to confront is why a single state should decide who gets to be president of the united states. >> we have a lot to unpack tonight. we start with peter doocy at the white house.

i thought a pretty nasty comment to you. i thought overall when you couldn't remember our lady of and there was no finish to that the answer. i thought that was bad. getting el-sisi wrong was bad. it has come off a week where he said he had a conversation with françoise mitterrand. he didn't have it. he died in '96. he made a similar comment at one of his fundraisers yesterday about chancellor win in fact there was angela merkel. on top of him not being able to remember hamas. we will play that tape later. everyone is asking the right question. what is the reaction among your colleagues in washington? >> reporter: the first thing i would say is i don't think the comment to me was nasty. i thought he was making a joke. that's how in the room i took it. it seemed like being in the room president biden did what he had to do. this report is 388 pages to make

him sound like he is careless but national secrets that are not his, that he has severe memory loss and it really draws into question about whether or not if his memory is this bad right now he's got another five years in office in him. may send him in there for some brief remarks. he disputed it. he's got the bully pulpit so he can basically say whatever he wants. then he took questions and answers which i think was very helpful in accomplishing what they wanted to do to show he does have some life. he can defend this the way he wants to. and then he can walk away. but it is problematic when he gets el-sisi mixed up and says that el-sisi is the president of mexico when he's talking about egypt. particularly because this is the same week we have heard him talk three different times about interacting as president with european leaders who have been

dead for at least five years. the biden team is already putting out that mike johnson, the speaker of the house, did get iran and iraq mixed up in a meet the press interview. this is something common. but it is not common to have 308 pages of stuff. i'm not trying to be a biden apologist, but el-sisi is a leader that he interfaces with that is alive. >> okay, he's alive. we will give him a big checkmark and gold star for that. i got an honorable mention today. even sean hannity ones mixed up the names of jason chaffetz and matt gates. okay. are you going to put me in the category of this guy that couldn't remember hamas and is speaking to dead people? a guy that doesn't even remember the rosary where it came from that is so special to him? these are not insignificant

moments, peter, as i think you know. you are one of the few people willing to delve into this and get to that touchy subject. is the white house still pushing back hard? any feeling among some that if this is what robert hur concluded, this is what they are telling everybody behind the scenes privately. in other words, my sources tell me he really is in this bad condition. that's what they tell me. some. >> reporter: i don't know how it is when you go out and about, but basically everywhere i go and somebody talks to me about white house coverage or joe biden, they are asking is he really going to be the nominee? is he going to make it? will he continue until election day? if not, what happens? we don't know what's going to happen. you see something like this and it does introduce questions about fitness for office. very serious questions. we have heard generally that the process because ballot deadlines have passed that it will be

kamala harris who ascends to the top of the ticket. then who is the running mate? we have seen in the past the way the democratic convention works. can they have these weighted delegates and organize around somebody else that they want? we don't know. but when you see a report like this, despite the fiery performance from the president tonight, the questions remain about fitness for office for another five years. and it could be to the point that his big thing is as he says, i am not being charged. this is over. it may be a situation in the next couple months where they would have rather been charged and not had these graphic descriptions of issues with memory when his likely opponent in november, donald trump, does nothing but say that joe biden

can't string two sentences together and doesn't know that he's alive. >> i don't think he knows what day it is. i've said that for a long time. what happened today between that disastrous press conference that you were part of in this report, the odds have dramatically increased that he will not be the democratic nominee come november. we will see how that plays out. i know you will be on the front lines. we appreciate your hard. and joining us. thank you. joining us now fox news contributor jonathan turley. i can't think of a worse report or a worse press conference in the modern era as it relates to presidents. can you? >> no. there is a terribly sad aspect to the report. the report itself is baffling. there is this disconnect between what the special counsel is

saying and his ultimate decision. he repeatedly talks about despite the president policy denials, the willful retention of material, the president admits this material goes back 40 years. the effort to say this is all the fault of the staff is not just incredible, it's insulting. but what he says about the president policy diminished mental state is alarming. there is no escaping it. this press conference obviously did not help your guy can understand why they held it. but the miscues again only raised additional questions. >> he couldn't remember when he became the vice president. he couldn't remember when he left that office. he couldn't remember within a few years even when his son bo past away. you did cite something that he tried to push back on the press conference. the report said he willfully

retained and disclosed classified materials after his vice presidency when he was a private citizen. willfully retained and disclosed. he tried to cite out areas in the report where he felt they were saying just the opposite. this seems to stand out very clear and unambiguous to me. >> there is whole headings that say that. that's part of the curious aspect about this report. the president really brought that out for public few. he's suggesting that this is some immaculate offense, that somehow the documents followed him out of the senate skiff. they magically moved from spot to spot. they ended up in what was clearly an over utilized box in his garage. many of those questions are not answered in this report. but the really troubling aspect is when the special counsel says, look, he is too

sympathetic. it's certainly true and it's harder to convict joe biden in washington, d.c. then it is donald trump. but the measure of whether you will indict someone shouldn't be how sympathetic or popular they maybe. also, since the president says this goes back 40 years, is diminished capacity today is different from when many of these violations likely occurred. there is a lot of questions there that weren't answered. >> for them to say in this report and for robert hur to say we considered that at trial that mr. biden would likely present himself to a jury as he did during our interview as a sympathetic, well-meaning elderly man with a poor memory. that doesn't take away that he willfully retained those documents. then it raises the question, this whole investigation about the weaponization of our justice department. hillary clinton, top secret classified information on her

servers deleted 33000 e-mails. she used something called bleach bit that we never heard of. she had an aid destroy devices, blackberries and iphones with hammers and remove sim cards. no reasonable prosecutor would prosecute. whited donald trump's mar-a-lago get rated? when you see these pictures and reports, they look identical to the pictures we saw at mar-a-lago. no wonder why in the days leading up to today they were worried about what these pictures would look like and they would be included in this report. it looks like the ones at mar-a-lago to me. >> they are very similar. the mishandling is obvious. the violations are obvious. the question that this report does ask is how is this consistent with their passed efforts? it does seem that in dealing with some figures like the president, hillary clinton, there is a pronounced reluctance to bring criminal charges where there seems to be an abandonment

when it comes to donald trump. i'm not saying that the mar-a-lago indictment for example does not have serious problems for the former president. even if you look at that indictment, they threw everything they could add him. there is obviously a different approach that has been taken. see met gala, jonathan turley, we appreciate you being with us. the issue of president biden screwing up the question as it relates to hamas was just another moment in just the last week. watch this again. >> there is some movement, and i don't want to, let me choose my words. there is some movement. there has been a response--there has been a response from the

opposition, but, yes, i am sorry, from hamas. >> he is in charge of our nuclear weapons. this is the president of the united states. vladimir putin, president xi are all watching. it's very reminiscent when the rnc put out this ad that has gone pretty viral of joe biden again seemingly incoherent at times. watch. >> but the nature, not when the political coverage that, look-- some of the political players and some of the--let me

ask a rhetorical question. no, i won't. anyway. >> here with reaction is gregg jarrett, harvard law professor alan dershowitz is with us. if he willfully retained this information, and that is their conclusion, and we live in a country where justice is blind and we have equal justice under the law and equal application of our laws, how do you look at the way hillary clinton's case was handled, joe biden and donald trump's case was handled? clearly james comey implicated hillary. and then this report robert hur implicated joe biden as being guilty, willfully retaining. isn't that the same thing? >> how in the world do you explain this to the american people? trump gets prosecuted and biden does it because he's too demented? this report should deeply alarm all americans.

i do think is compelling evidence that the cabinet should at least consider invoking the 25th amendment incapacity. what robert hur was saying today in his report is joe biden is not competent to stand trial. how in the world is he competent to be president? a special counsel portrays biden as so senile that it's impossible to prove his willingness or intent. that is fundamentally wrong under the law. at issue is not biden's current manner of state. what it was years ago when he removed, kept and shared classified documents. the report also cites biden's cooperation. that's not a defense under the law. if a bank robber coughs up the dough, it doesn't erase his crimes. that's absurd. as for the photos of classified documents laying around, robert hur claims that that

recklessness shows that joe didn't know they were classified and made a mistake. but with trump, the government argues the opposite. his reckless storage proves his criminality. again, this is a disturbing double standard under the law. >> willfully retained and disclosed classified materials. but a jury, we are told, he would likely present himself as a sympathetic, well-meaning elderly man with a poor memory. why do i think that defense wouldn't work for anybody else? that certainly is not how the law should be practiced either. do you see the double standard that i mention to greg. >> absolutely. i see the double standard. it's not part of the criteria. whether a sympathetic jury in one part of the country like the district of columbia is sympathetic to biden and not trump. or a sympathetic jury in florida might look at him and say although he committed a crime he

is an older man. that's up to the judge for sentencing. nor is it a criteria that he would have refused cooperation. my client doesn't cooperate unless you give me something. my job that my client's job is not to help the government. that's not a criteria for distinguishing these two cases. there is a connection between today's case and this morning's case from the supreme court. greg talked about the 25th amendment. it so hard to remove a president under the 25th amendment. you need the cabinet. the framers made it so difficult. yet this morning the state of colorado said you want to get rid of a president? snap your finger. the secretary of state. all you need is a 4-3 decision of one state and you get rid of the president. there is such an incompatibility and inconsistency. the problem with our country is everybody sees the law through the prism of partisan politics. everyone tries to weaponize the constitution to support their

political candidate. the losers are the american people. >> i've really been able to delve into this with you, professor. i know deep in your heart you are a democrat's democrat. we don't agree on everything politically although we have found areas of agreement over the years starting with standing up against radical terrorists, et cetera. israel is a good case in point. we are watching these videos that we have been showing on this program for a long time. it's a serious topic. i know in the beginning i used to joke a little bit about it. i kind of regret it because i shouldn't have. this is so serious with dealing with the president. surely, professor, you see what we all see. you see what robert hur is talking about. does this seem like a man that is cognitively strong enough to be president? to me the answer is obviously no. >> i am very worried about it. this election is not coming down

to american people rushing to the polls enthusiastically to vote for their favorite president. this is a campaign for who is the least worst. who don't you want to be president? today's performance and today's report will give a lot of solace to people who say we may not like trump, but we cannot vote for biden. we are afraid to have somebody with those memory problems having access to the nuclear trigger, trying to resolve issues in the middle east. today he bumbled over the middle east a very badly. dealing with putin. today's decision and today's report will have a big impact on this election. a lot of people, including people like me who are democrats that would be inclined to vote for president biden. but obviously have to think hard about whether we will trust in the next five years for the president not to have diminished capacity and who is going to be the vice president? who would replace him?

this matter today makes the vice presidential choice even greater because if the 25th amendment isn't applicable today it may be applicable in two or three years if biden is elected and we see a continuation of some of the cognitive problems that we saw in the report. >> it's cognitive issues are almost 99% of the time according to dr. zai have interviewed degenerative. it only gets worse and never gets better. i will give you the final question. now that we have three cases with which we can compare and contrast. the hillary clinton case which was the most egregious. now the case would joe biden. and you have the mar-a-lago raid and special counsel charging president trump in the document case. a lot of facts and things that her said in his report are not factual. we know the fbi had access to mar-a-lago. we know they were in the room where those documents were eventually found. we don't know the fbi could have

taken them. nobody stopped them and said you couldn't come back. they would have been able to walk through if they asked. the only thing they did ask for was about three days later. they said can you put another lock on that particular door which was complied with. now that we have three cases very similar in so many ways, does trump have a case to get this thrown out of court or probably not? >> i think he does. the exclusive authority for these classified documents resides with the federal records act, which does give custody and control to a former president. insofar as the obstruction charges against trump, he also has a defense there and that rests with the department of justice's own long-standing two decade old opinion met a former president can keep whatever he

wants. that was endorsed by a federal judge. he can resist as bill clinton did. clinton did not get charged with obstruction but somehow donald trump did. let me just say one other thing about tonight's appearance by joe biden, which was calamitous. you have asked is it the worst in modern presidential history? i well remember during the height of watergate richard nixon trying to face down and explain himself to a hostile press corps and got incredibly ugly. >> i am not a crook. >> i was reminded of that tonight. i wrote a column two months ago. as his pole numbers continue to tank and as his mental infirmities become more conspicuous day after day, week after week, party elders in the democratic party are going to go to the biden family and insist that they pull the plug on this campaign and step aside.

i maintain that's a real possibility. i actually think it will happen. it can happen any time before the chicago convention in august. >> we are going to watch very closely. it will get interesting. i think the odds of him being on the ballot in november have been diminished significantly as of today. we will see this unfold and we will carry it all. gregg jarrett and alan dershowitz, thank you. doumit former president trump called on the special counsel in his cases to immediately drop all charges against him, especially in the classified documents case. following the news that biden will not be charged. president trump called biden's case 100 times more severe and called out the two standards of justice in our country. here with reaction is trump legal spokesperson. legally speaking the question i was asking gregg jarrett. by the way, thank you for joining us. the question i was asking him,

now that this is their standard that you can willfully retain and handle classified documents and not be punished for it, does that open up a legal window for you and your legal team to go in and say we need equal application of our laws here? >> absolutely. i think the one thing we learned today from special counsel robert hur, not that we didn't know it, there is two systems of justice. one if you are republican and one if you are democrat. we have spoken of it. the way this can be used and what has become obvious that they haven't really thought about is they try to look impartial. they try to say we will raid mar-a-lago. maybe that was too much. let's peel it back and look at biden's documents. one thing they are forgetting that is clear to me as an attorney is that number one president trump has one thing that biden as senator biden and vice president biden did not have. the presidential records act. something that has shielded

president clinton. when you are looking at this dual system of justice they are going to have to face the music and court. they have to answer questions. we shouldn't even be going to court. i agree with my client 100%. they need to drop charges and let americans believe we are not going to be treated differently depending on politics. i don't think they are capable of it. they have severe trump derangement syndrome. it's obvious what is happening. i want to thank special counsel robert hur for making it clear that this man can't even remember when his son was passed. more importantly, sean, did you see what he said in the press conference? he doubled down and said i didn't think i needed to answer that question. that's another problem we haven't spoken about. you are sitting in an investigation. you have an obligation to answer truthfully and honestly. today was mind-boggling. they should drop the charges. we shouldn't have to go as far as to defend it. >> then right there he had a memory lapse. i wear this every day.

my son's rosary from our lady of? no answer. he didn't finish. then he said general el-sisi of egypt was from mexico. on top of what else has happened this week. he couldn't remember the name hamas, françoise mitterrand, helmut cole winn it was angela merkel. i just don't know how many of these moments he can have these when he stays in denial. for the record, i faced a lot of criticism when i was probably one of the first people out there to point this out on a regular basis. how did i get payback in return? they try to compare me to joe. even sean hannity mixed up the names of met and j fits. i don't have this problem. that's the problem. he's the president of the united states. i don't have the nuclear football next to me at all times during the day and night. i don't have that. >> i would feel better if you

did, frankly. the country has to see it for what it is. listen, they hit you, they hit me and hit anybody who stands for what is right in the constitution. they stand with the moral compass and boundaries we used to have ends an america. we don't have them anymore. they fear what there. they know that president trump is the right person. they know we have a candidate that is fighting him that can't even spell bob backwards. we are sitting here trying to deal with and reconcile how we are safe as a country, but we are not. that's why they are making fun of us around the world. we are seeing what is happening with our borders. its complete collection interference. it's because they have to lie, cheat and steal in order to win in november. if we don't stop and wake up and say this is a man that frankly can't do it. if he can't do it, who are we stuck with? kamala harris? we are in trouble. as a country, like alan said, and i love alan dershowitz.

he's a democrat but sees it for what it is. we are in trouble and have to get behind trump if we want our country back. that's the truth. 2 certainly this election will take on a whole knew significant starting tomorrow. we will see what happens. i think we all know that if donald trump has these moments the media coverage would be far different. that is just the double standard we have. great to have you. thank you so much. also breaking tonight, john solomon has obtained e-mails that joe biden sent from one of those pseudonym accounts through the national archives lawsuit. these e-mails reportedly reveal conversations between joe biden and white house officials during his second year as vice president discussing official business and sometimes even sending government documents via biden's pseudonym account. joe even included hunter and other family members on some of these e-mails. the e-mails also reveal that joe communicated with hunter through

his rosemont senator work e-mail were hunter conveniently started doing business in china shortly thereafter. here with more is the investigative reporter and editor-in-chief and just the news.com founder john solomon. this fits well into the events of today. top secret classified, hiding e-mails, pseudonym e-mails he knew he shouldn't have. seems to me that should have been looked into by robert hur also. >> that's a great question why it wasn't part of this investigation. what you see is a reckless disregard for the federal records act. whether it's taking classified documents home for you and willfully and knowingly keeping them. they said he kept it since 2017. he gives them to his biographer who doesn't have security clearance. here he is using a private e-mail after the government said government official shouldn't use a private e-mail. that policy was long in effect before the hillary scandal.

he used it to send important information of drafts of speeches. there is a strategy planning session that he is planning through e-mail. sometimes he puts james biden, hunter biden or beau biden on official white house communications talking about policy, speeches or issues. this family is looped into the chief of staff or vice president or the national security advisor for the president. this is exactly what government officials are taught and trained in the entry training not to do. you don't use private e-mail. don't mix private and personal with the official government. here is joe biden doing it countless leak. we only got 60 e-mails released today. we got them released because the public interest went to court and sued the national archives which is glad to give us documents about donald trump but squeezes us and refuses to give information about joe biden. they went to court and sued. these are 60 e-mails out of

82000 pages of e-mails that joe biden was sending under pseudonym accounts. using a private e-mail that is insecure. they raise concern about that in our story. he has a reckless disregard for security and the requirements of the law. it's just another piece of the puzzle that fits what robert hur was talking about today. >> i don't think anybody can really predict how this ends up unfolding ultimately. would you agree with my analysis if you can take off your reporter hat for a second? the odds of joe biden being on the ballot come november have declined significantly today between this disastrous report and a very angry and lashing out press conference with two major gaffes and that as well? >> it wasn't a good day for the biden presidency. this will linger for a long time. i want to point out one footnote in robert hur's note that will

become part of the impeachment process. there are two ukrainian documents classified at the confidential level that joe biden retained. what are they from? december 2015. the very month he pressured ukrainian authorities to fire the prosecutor that was investigating hunter biden's company burisma. and they involved communications with the prime minister of ukraine in that timeframe where joe biden is putting the pressure on. that's a matter of inquiry for jim jordan, james comer and the impeachment inquiry. today is a dark time in the biden presidency. >> great reporting as always. editor-in-chief and founder john solomon. thank you. joining us with reaction to the disastrous special counsel report for joe biden is republican presidential candidate nikki haley. governor, ambassador, glad to have you back. let's go get your reaction to robert hur's report and the press conference that occurred right after it.

>> a few things that you look at. the first thing is you look at the fact that we need to have two take the politics out of our agencies. whether this is clinton, biden or trump, they all need to be handled fairly. clearly that's not the case. we have to get rid of the double standard and that continues to show itself. the second thing is it's unbelievably disturbing that they are showing that they see biden to not have a good memory. that they see him as diminished. that they see it's a problem and they point blank say that. this is actually dangerous. people make fun of the fact that i say we need to have mental competency test. there is a reason 70% of americans don't want to see a biden and trump rematch. the party that gets rid of the 80-year-old candidate will be the party that wins. the third thing that bothers me about this is whether it's biden or trump, they both knew better. you know when you have worked

around national security documents, you know what's not supposed to leave the office. you don't go bragging about these national security documents. you don't leave them in a garage. whatever it is, both these men knew better. the arrogance they both had to think they could walk out with these documents and just not think they would be any repercussions is the problem that we have the with this. >> isn't there a bigger problem? >> we have some work to do. >> isn't there a bigger problem? we don't have equal application of the laws. look at the hillary clinton case. top-secret classified information, 33000 e-mails deleted, bleach bit, hammers, sim cards. it seems to be a problem they all have. i don't think any of them packed their own boxes. the fact that one is criminalized and one of three gets rated and the other two happened to be democrats. that wreaks to me of political bias at the justice department.

>> they both knew what they had. trump was bragging about his. biden has got his in his garage. they knew what they had. the point is whether it's clinton, biden or trump, treat them the same. the problem is we have politics and in every single agency in d.c. we have got to clear it up. you can't serve the people if you are going to play partisan politics. >> president trump had one thing. you are missing the point. we just mentioned this. the presidential records act impacted him. it did not impact joe or hillary clinton. let's talk about your campaign. i know you hate the question, that i've got to ask. it's very real. you go into iowa and came in third place. you go into new hampshire and lost by double digits. in nevada, none of the above basically or not one of these candidates at least in the primary and you didn't take part in the caucus tonight.

i don't know why you didn't do that. then we have the real clear politics average. i will put it up on the screen. in your home state of south carolina, donald trump is leading 60 take a 29.3%. my question is, if you go to new hampshire, iowa, nevada happens and you lose your home state, even if you lost it just by double digits or 30 points. the question than becomes what is your path to get the delegates to get the nomination? don't you think you would have to win your home state? >> i appreciate you asking that. i will tell you it's interesting in iowa. they were all saying she's never going to make it through iowa. we started at 2% and ended at 20%. that was no small feat when we got rid of a dozen candidates. then you go to new hampshire. we got 43% of the vote. what's more important is you have to acknowledge the

republican incumbent did not get 43% of the vote. that's alarm bells. then you go into nevada. we were told months ago that this was a sham. the gop chair is under indictment. he worked with trump and they created these caucuses. it's written about in news reports. you can look it up on the internet. they plan this in the caucus. they said we had to pay 55000 if we wanted to be in the caucus with trump. nevada didn't mean anything. south carolina we will work hard and bring it in. i am telling you we better pay attention. look at what we lost. trump is paying $50 million in legal fees from his campaign donations. you have an are nc- that is broke. how do you beat biden with that? you can't. we have to have a new generation. this is not personal. >> but don't you at some point ambassador governor have to win something? you can talk about iowa. you can talk about new hampshire. you can check off nevada.

south carolina is a little hard to shake off when you were the governor for two terms. >> you will see us move. we move 25 points in new hampshire in the last three weeks. we will move in south carolina. we don't do coronation. you've got three states. super tuesday. >> are you denying the polls? you are saying they are not accurate? >> you are saying i was going to lose new hampshire by 30 points and i got 43. i am saying south carolina hasn't happened yet. we are doing this because we have a country to say. everybody is blinded by the fact that we have these 280-year-old candidates. trump got me confused with pelosi not too long ago. we need to move forward. >> nikki haley, thank you for] being with us. more coverage of the breaking news straight ahead. [♪]

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>> joining us now with reaction to all of to night's breaking news we have texas congressman freddy jackson. you're the one that actually add ministered the cognitive test to then president donald trump. this is something we have discussed and you have been on this program talking anoint this week, things seem to have accelerateed a lot. mixing up many people with angela markelle and couldn't remember hamas and had two verbal gasps. i can't think of a clean event in months, congress man. >> just when you thought it couldn't get worse what he did today with the special council coming out to verify what all of us have known for so long now but someone that worked in his

own administration comes out and says he's not cognitively fit to sit for trial and we're supposed to be okay with him being our president? this comes out today. he calls a press conference and validates and reenforces what was said in the report and what we've all known for so long now. this a disaster. quickly, it's been for a long time but it's becoming every day more of a serious security issue and i think it is time for the president's cabinet to brush off the amendment and the fact that the doj let the special counsel say these things they are coming after him. his own administration knew they would have to figure out how to get rid of this man and i think this is where the process started. they are actively trying to get

rid of him now. >> #of democracy kats are defending him and the media mob have been more harsh than usual. >> it will get worse. >> i tend to agree and i'm not sure he makes it to november. i think the odds go down tremendously today. we have more hannity and correction right after the break.

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♪ ♪ >> now before we go tonight i want to talk about the appearance on this show on tuesday night when members of the guardian angels stopped a man and the police were called. curtis said the man was a my grant and that he was shoplifting and fox news spoke with the nypd and the statements made by curtis that the man is a migrant is not true and the man was given a summons for disorderly conduct and curtis

acknowledged that the man has not been and he said in part, i should not have been listening to the crowd. that was my mistake and i should not have had that knee-jerk reaction. on this show we always set the record straight. that's the all the time we have left this evening. as always thank you for making this show possible. please, please set your dvr so you never ever, ever miss an episode of hannity. foxnews.com. let not your heart be troubled and greg gut field is next. >> i'm trace gallagher. "gutfield!" begins in a moment but two big stories we're tracking. special olympics claims about biden's poor memory and republican voters