truth is on our side. this book is what your show is all about and what your podcast of my podcast are all about which is truth and light how we take america back and i'm convinced we will do that. mark: a great book, unwelcome how to defeat cultural marxism in america, we barely touched the surface, i go one hour after hour after hour but we can't. here's the book i encourage you to get it. thank you for coming. see you next time on "life liberty and levin". ♪ ♪ ♪. trey: good evening and thank you for joining us i am trey gowdy, it is "sunday night in america".

poor alexander hamilton he worried the judicial branch would be too weak. wouldn't he be surprised as the legislation branch while the supreme court seemingly decides the most pressing issue of the day, this week the high court heard argument on whether donald a trump can remain a candidate for president. you really call to states kicked them off the ballot citing the insurrection because of the 14th amendment. soon the supreme court will be asked to decide and what extent the president enjoys immunity for actions taken while in office. joining us now carrie severino from the judicial crisis network informer prosecutor andy mccarthy, welcome both. it's hard to find human entity on the court these days but colorado may have done it. i listen to the oral argument and heard non- pretty skeptical justice, what did you hear. >> i agreed only justice i see given the other side in the time of day was justice sotomayor

work and very possible at the end of the day she also agrees what colorado was trying to do, it was wrong on so many levels. we don't know if it'll be unanimous. and why it's wrong different justice might want to choose different routes but it's clear colorado does not have the right to unilaterally kick trump off the ballot that will be for the american voters to decide and that is certainly not colorado's role. trey: let's listen to a little piece of the argument together and then i will ask you a question on the other side. >> what is the state doing deciding other citizens get to vote for for president. >> colorado is not deciding who other states get to vote for for president it's deciding how to decide his own electors under article two, the constitution grants them that. >> the effect of that is obvious, yes? trey: that was not a republican

appointed supreme court justice, it seems like they're wary of the facts in this case and also the precedent, what's to keep a red state to keep a democrat president on the ballot someday. >> i think that is right, i also think we should etiologically, the 14th amendment is immensely important to the progressive political project in the united states. it's really not that surprising that the progressive judges were resisted in a cockamamie federalist claim that a single state can bar somebody potentially across the country from seeking election. it does not surprise me that there is consensus about what is state and limited power estate has in this domain. what about little bit worried about because the consensus is on the issue i don't think the

court is going to touch insurrection and what that means and what that potenza in the end if they don't resolve that is the possibility if trump wins the election what happens at the next january 6, do democrats in congress try to prevent president trump from being seated under section three of the 14th amendment i don't know if they will clear that up. trey: you are a good lawyer i'm going to switch gears were getting out of the d.c. court of appeals, lawyers find themselves making difficult arguments, you may have had to do it once yourself, that said i felt the answer whether president can order the killing of a political rival left a little bit to be desired on trump's attorneys. how do you see the argument playing out? >> one time i gave a submission for an hour at a jury in a

background going like this, it is not a good feeling and i imagine that was the feeling that they had. trey: the immunity case is on hold whether the supreme court decides to take it up. we were just trial lawyers, what is the process for deciding whether or not to hear an appeal from the d.c. court of appeals. >> the court needs for votes in order to take a case. if therefore justice that think that they got this wrong and we need to fix it or this is so important we need to have our stamp on it then they could take the case and they would have to do it quickly if they want to hear before the end of the term. trey: i want to ask you both, and they all start with you do any of the criminal cases involving the former president make it to verdict before the election or potential inauguration? >> the moving target is the

obstruction case that the supreme court will hear in connection with the january 6 defendants. two of the main charges against trump and the election interference case are that precise obstruction statute so we can answer that question until we see what the court does with the statute. trey: same question, do any of them make it and you may not be in the prediction business but if you are in the business what do you think the supreme court is going to do on the immunity case, are they going to punt on it or hear it? >> my first guess, they will not take the case up, i think the d.c. circuit opinion was pretty strong in trump lawyers are making a broader argument that he has a very broad immunity and i suspect the court as you alluded to don't want to be in the business of making the decisions that are supposed to be a goalie stopping any crazy

unconstitutional stuff and they have been pushed into making a lot of big political decisions because there's so many crazy shots on goalie going on. i think they want to avoid it but they may take it again to have the final say but it's going to be hard for them to avoid dealing with trump in some way and obviously very have to this term. trey: to brilliant lawyers, were lucky to have expertise, thank you for joining us on a sunday night. politics is a game of addition you try to leave bridges intact in your own party. all hands on deck and the general election. with that said nikki haley and donald trump continue to attack one another even though the race is seemingly close to being over, how does that help republicans win this fall. you might not know it from the way the republicans conduct themselves, there is no rule for winning the electoral college and the electoral vote.

there's nothing that says you can't do both. the last republican to do both was george w. bush. his deputy chief of staff karl rove joins us now. it's good to see you again. president trump has been the gop nominee soon to be three times so he understands politics a lot better than i do but how does it help over female voters in the fall to refer to as successful female governor and someone yourself picture your administration as birdbrain and talk about what dress or clothing she might have on, how does that help in november. >> it doesn't. it's mystifying to me, donald trump is a front runner, he is the person who is best positioned to unify the party so when he won iowa yet great remarks, conciliatory, humble but then he goes to new hampshire and wins a big margin

and rather and say i'm humbled by the vote of new hampshire and republicans are coming together, i respect the tough campaign that my opponent has been running and i hope we will in this contest i look forward to be the parties nominee, instead a 19 minute rant about her and it makes him look weak but second of all it does not unite the party. last time around he lost 8% of republicans voted for a third party candidate or joe biden and as a result donald trump trailed in the popular vote i 7 million votes and lost three critical battleground states by 44000 votes. being the front runner gives you a chance to be big and conciliatory and unifying and positive and upbeat. he missed the opportunity in new hampshire, let's see if he could be better after south carolina assuming he wins there as all the polls indicate that he will. trey: i we thought winners tell a joke and losers take the deal. you mentioned south carolina. technically, technically there

is still a path to victory for governor haley from a numbers standpoint. but realistically if she loses her home state is it over? or is there somehow super tuesday going to have a miraculous reversal for her? >> something would have to happen between south carolina and super tuesday and for that to happen someday big and dramatic to affect the fortunes of donald trump. in politics she got to do well in your home state the path to victory is littered with defeating candidates who are defeated because they lost their home state and i love the history of it, 1940 window wilkie challenging tom dewey the crime fighting prosecutor from manhattan takes enough delegates in new york to embarrass tom

dewey on his home turf. this kind of thing happens and when it does it hurts the chances of somebody who cannot hold their home state. trey: let me ask you this before i let you go one wide line of attack on biden's physical or mental fitness for office. but nikki haley is using the same argument against donald trump. will voters remember that if he is the nominee or is the argument going to stick with biden but not stick with trump? >> it is a problem for both men but a bigger problem for joe biden better than three out of every four americans think that he is too old and one out of every two think that donald trump is too old. it's good to be an issue in the general election for both men. it is interesting to me that these two guys or maybe the only two guys who could lose to each other but on the issue of age and stamina it's biden was a

bigger problem the donald trump but donald trump still has a significant number of people, one out of two americans say too old to be president. trey: karl rove and have you on every week but i cannot afford you so i'll take you what i can get you. thank you for joining us on sunday night. trey: i am free somebody else is picking up the tab. i'll have you one next week, thank you for joining us on sunday night, i will see you soon. up next, can you win the presidency from the basement? what about from the courtroom, 2024 maybe once-in-a-lifetime chance to find out. fox news contributor guy benson and leslie marshall join us right after the break.

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trey: welcome back to "sunday night in america". president biden sailed to victory last weekend in south carolina he is on a glide path to the nomination. there are storm clouds gathering for the general election. one issue that i do not enjoy talking about is the presidents mental acuity. time spares no one but neither did the special counsel report. the conclusion by special counsel that biden broke no laws but also added biden might not be aware of it forgetting when he was a vice president. biden also confuse the current french president with the one who's been dead for decades, wasn't quite napoleon but it wasn't good. while we may not relish discussing the mental health of others and when you want to be the leader of the free world, everything is relevant. biden declined a chance to address the nation during the

super bowl , he's not the only politician to decline an interview nor is he the only one to forgo debates. former trust under president trump skipped in 2016 and 2024 and it didn't hurt him one bit. ultimately it is up for us to decide what were looking for the president. indictment, january 6 and civil judgments have done little to get president trump's appeal, this coming wednesday on valentine's day if president biden wishes the nation happy halloween i doubt that will get his support either. politics is simply about winning these days and in the process overlooked on both sides. joining us now guy benson the guy benson show and fox news radio in the political editor of townhall.com also joining us is radio talk so how leslie marshall both are fox news contributors. president biden won the battle over classified documents.

but i think he lost the war added in by the special counsel how impactful is that all do you think that's going to be added in by robert hur. >> based on the reaction of his campaign, other supporters and some of the press i think they're worried that adobe impactful. even though the president was not charged with crimes he was not let off the hook on all wrongdoing. they noted he willfully kept the documents which is against the law they just said they won't pursue charges for a number of reasons, one of which he seemed like a kindly old man who was impaired and could not stand trial and wouldn't be convicted by a jury for that reason, that is in black and white into special counsel report really emphasizing and underscoring 70 or 80% of americans see every day based on the polling when it comes to this president and to have it codified in a formal

setting obviously is not helpful to him and people have argued it might be more hurtful and harmful than a declaration of intent to file charges when he gets out of office given some of the dynamics on the selection cycle. trey: you're right, indictments have a seem to hurt folks much lately. the stock market is up, the job numbers are good, inflation is not perfect but the stories of our deaths were exaggerated. the gop next the border deal, given biden's low approval numbers and the fact that he has a story to tell why not address the nation during the super bowl >> there are a couple of reasons for that and taylor swift is one of them and when i say taylor swift are not talking about the conspiracy theories linking her and our president but a lot of people complaining can we just watch football can football be football. i think the current climate and people complaining, do we have

to politics and everything does everything have to be political, the beer that we drink, the commercials that we watch of the programs can't we have a game. think honestly the president and his staff made a great choice people don't tune into the super bowl to listen to what the president says or hear him say i love both teams and everybody has a favorite usually. in a matchup like this. i don't think it is a problem it's not the first to pass up the invitation. trey: let's listen to a clip together and i'm going to ask you a question on the other side. >> president biden, something the special counsel said in his report that one of the reason you are not charged is because in his description you're an elderly man with a poor memory. >> i'm an elderly man and i know what the hell i'm doing and

president and put this country back on this feat i don't need his recommendation. >> how bad is your memory and can you continue as president. >> my memory is so bad i let you speak. trey: one thing is for certain if we live long enough were all going to get old hearing an older person struggle for a name or a day or an event is sad. it's not political it is sad but at some point it becomes relevant when you're elected leader of the free world. i want you to wait and to because nikki haley is challenging donald trump in the fact that the candidates are debating who scores higher on cognitive test, is that good for the country? >> obviously not, this is not ideal, sub optimal in you had

this indignant performance he flashed anger during the press conference saying my memory is fine and he made that to her colleague peter doocy and then confuse mexico and egypt, that is not a good look for someone who spent the whole week confusing the european leaders identity with their predecessors who are deceased as you referenced in your in charge of the segment this is not a great place for the country to be in. i note from his getting up there in age as well. if he has all sorts of things like this it'll become an issue for him similarly but based on polling and the performance of this and the willingness to speak and answer questions at length, most people say there is a problem with biden far fewer say on the front there is a similar problem with trump. trey: leslie, what do you think, nikki haley is trying to make that issue of what is left of the gop primary research self. >> i would agree with a couple of things that guy said. it is a problem but both sides didn't pick a younger candidate

we have ourselves to blame and a sense and i would agree with guy you need to look at trump, what bothers me as a democrat every time biden slips whether it is a stutter or he forget something, i called my son my dogs name the other day and i'm not joe biden's age. i know i'm not running for president but it's not always age, we are so busy we have too much on her plate in our minds are going to million different directions at once there are a few things, donald trump as talked about dead people, donald trump has made a lot of errors as well, it's not highlighted as much as biden. i'm sorry the press does not highlighted as much. robert hur did not go to medical school, every lawyer i spoke to even republican lawyers say it is completely out of bounds and a sense what he wrote, this is a republican attorney who to me was smacking joe biden in the face with a reference to his a

age, lastly i don't think it all matter to the voters. at the end of the day the people that don't want trump will vote for biden and the people that don't want biden will vote for trump or stay home. trey: i don't enjoy talking about this because both of you are a lot younger than i am but one of these days if were lucky were all going to be older. it is sad, it is relevant but it is sad. thank you for joining us especially on super bowl sunday, he take care. >> thank you. >> coming up the bipartisan senate border deal is dead and alejandro mayorkas is still the dh secretary. what happened, loralee joins us right after the break on "sunday night in america".

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>> this is a fox news alert i am marianne rafferty in los angeles. word out of the middle east reports from the regions of israeli strikes in the gaza city of rafah left 37 palestinians dead, rafah is home to one half million palestinians and the attack is to trigger global outrage from egypt which shares a border with the southern gaza. earlier in the day president biden warned benjamin netanyahu

that israel should not conduct a military operation against hamas and rafah without credible and executive will plan to protect civilians. back here in the country houston police are investigating what triggered a woman to open fire inside of a church, she entered the building accompanied by a young boy and started shooting to off duty officers at the church shot her dead and the boy was also shot, he's in critical condition and another victim shot in the leg. i am marianne rafferty, now back to "sunday night in america". ♪. trey: welcome back to "sunday night in america" the border is a chaotic crisis, the number of migrant encounters are staggering in the end anticipated bipartisan senate agreement died in early death. what now? everyone says things didn't enter need to be improved at the board and things remain the same so does the president lack the tools or does he lack the will

to seal the border. is the gop benefiting from the problem more than it would the solution and who is in charge of counting votes in the house these days, joining as someone likely to be an impeachment manager or prosecutor if alejandro mayorkas is impeached or indicted, florida congresswoman laurel lee. it tells me there needed to be legislative changes but there will not be any changes between now and november, what now? >> there is an important distinction, first of all president biden and alejandro mayorkas do have sufficient tools right now to stop the crisis that we see at the southern border, they could tomorrow return to the policies of the trump administration like remain and mexico and putting into the parole at asylum that are using and really make a substantial and meaningful

reduction in what's coming across the border. if we are to pass laws related to immigration at the southern border, there need to be laws that ensure that executive branch agencies will enforce and follow the law. right now they have an obligation to detain and deport people to come to the country unlawfully. they are not doing that in any legislation related to the border needs to be focused on ensuring our laws are followed not codifying ways that the administration could have discretion. we very seen where they have discretion and they will abuse it even when they don't even when is contrary to existing l law. trey: you are and previous life a very good lawyer they can read the jury, reading the senate i would say there is precisely chance alejandro mayorkas will be convicted, like 0, why go after him if he is simply doing

what biden is telling him to do, why not impeach the puppetmaster rather than the puppet? >> there are a few reasons why impeachment itself is important, secretary mayorkas has willfully and deliberately subverted the laws of the united states of america. he has been told by federal district court judges that it above his policies are unlawful and is alternatives should be ceased immediately he defied that court order and order by a federal judge to reinstate mexico he did not so in addition to defying the courts is coming to congress and given his testimony time and time again that was not truthful saying the border was not security and operational control the border anyone in america can look and see this is not truthful testimony. what's important this means we have one branch of the government that is subverting the lawful authority of the

other two which are very constitution. the other thing always to remember the consequence of his actions is he created a grave threat to our national security. he's been an absolute disaster as a cabinet secretary and defied his oath oath of office and violated the public trust we believe very strongly in the house that necessary to pursue impeachment. out of the senate will do the right thing but we want to make sure were doing our job in the house and holding him accountable for his failure to uphold the law. trey: i will bet you tickets to disney world that they do not convict him but let me ask you this before i go. in october 8 house republicans one of which was not you got rid of kevin mccarthy. i am struggling to see how the house has improved since kevin

was dethroned by all the democrats in a republicans but am i missing something are things going swimmingly and i missing it? >> i think were seeing that were confronting all the same issues we did and kevin mccarthy was the speaker so now speaker johnson is confronted with the same problems trying to pass appropriation bills trying to build consensus and a republican conference in a difficult thing to achieve. i do believe what we are seeing is the problems have not changed we are confronting all the same challenges. i know speaker johnson is working hard to build consensus but we bid in the same situation with appropriation bills and continuing resolution and we really need a conference to come together and start working as a team and that unfortunately is one that were confronting. trey: you do not appear to be part of the problem, look forward to talking to you on a

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trey: welcome back to "sunday night in america", underwhelming would be the word that comes to mind for those watching the dignified transfer from the battlefield back on. we wondered what our military response will be. what is the price to be paid for killing american soldiers. not much. so far, the biden administration claims what we saw or didn't see with the first round with more to come. we shall see if the u.s. retaliates against iran with strikes and side of the country of iran, joining us a former state department spokesperson morgan ortagus, underwhelming was the consensus from those i surveyed but what was your take on the long-awaited u.s. response to the killing of american soldiers in the wounding of dozens more?

>> according to admiral kirby the response remains ongoing, we did see a few with hezbollah another proxy group and iraq get some of the senior leaders killed, that's always a good thing happy to kill terrorists any day but the question is the crucial question did the administration attack anything of value, anything of emotional strategic or sensitive value to the iranian regime, the iranian regime has terror proxies throughout the middle east because they are expendable. if you kill hezbollah or hamas or houthis leaders do the iranians really care, not really that's why they are proxy groups they find the people utterly expendable. the question remains what is similar to the soleimani strike that mike pompeo and trump pursued in the last administration what are we taking off the table of strategic emotional sensitive

important value to the iranians, that is not happened yet. trey: you raise an interesting point i was talking to my friend and old colleague tom cotton and he said they're willing to spend as many arab lives as they have to, not iranian lives but you're up lives. why the reluctance to strike inside of iran, your policy expert, i am not but why the reluctance to do anything inside of the territorial boundaries of the country of iran? >> this goes back to 2014, 2015 and the obama administration. the biden team which is the same team is to obama team wedded to the gc there wedded to it likea religion in a religious artifact soda for him to speak.

they believe that was the right course of action, their hair was on fire when the trump administration withdrew from the jcpoa because the fact that they had a deal that they thought was going to kick the can down the road from iran getting a nuclear weapon what they spent their blood, sweat and tears in the obama administration was the pinnacle of their diplomacy and president trump did that they've never been able to get over it. fast-forward to january 2021 what this president biden and his team do for the last three years they pursued a totally different policy for iran, when they came into office iran was broke, president trump said this before iran was broke because of the maximum economic pressure campaign. they were at least 6 - 8 months away from a nuclear weapon. do not have any weeks or months away from now, they are days away from it, days away from having enough enriched iranian java nuclear weapon. the weaponization side may take several months. the point the iranian regime has never been closer to having a

nuclear weapon then under president biden then under his team's watch, they spent three years chasing the iranian regime around the world not enforcing sanctions which has enriched them to the tune of $90 billion because the sanctions are enforced giving them $6 billion in the largest ransom payment in american history weeks before the october 7 massacre, meanwhile the iranian regime is trying to kill former top administration officials like mike pompeo and brian hook on our soil there actively killing american troops in the middle east and days away from a nuclear bomb this is a failed strategy and they have to admit it and quickly course correct before things get worse and the middle east in 2024. trey: you are right we had friends with security details because iran wants to kill them but were negotiating with them but will have to save that for another sunday night. i have a suspicion this will not

be the last time you and i discussed this issue. thank you for joining us on a sunday night. >> thank you très. trey: israel says it will not agree to a cease-fire part under proposal from hamas is really valid to eliminate hamas in whole, the families of hostages understandably want to do whatever it takes to get their loved ones home, joining us now is really prime minister benjamin netanyahu spokesperson tal heinrich. it is really government is in a no-win situation the country is waging war against the terrorist group while the family members of those held hostage want those hostages returned safely. how do you negotiate with the group that kills children and reaps women as part of the work campaign. >> my pleasure to join you, no good solutions only trade-offs as thomas sowell said and we did not want to be in the situation we want our stolen people back,

mothers, children, brothers, sisters, we want all of them back in the idf and the military leadership, the soldiers on the ground in the work habits are working tirelessly to bring them back and create the conditions that could yield another framework which we will see the release of all 136 remaining hostages back we want to see them return home and we know the only thing that works against brutal terrorist as you correctly stated is heavy military pressure, the company should have this in the diplomatic avenue that were pursuing behind-the-scenes we don't really extend much about the terms or the nature of these talks but we are continuing to hit hamas terrorist on the ground very hard and dismantling the terror infrastructure and the battalion and command chains but the condition that hamas presented so far. my prime minister refer to them as delusional, secretary of state anthony blinken refer to them as nonstarter's.

we set very clear redlines for any potential hostage release deal we said we will not release thousands of terrorist in exchange palestinian terrorist and we said we will not pull out all idf forces from gaza or another words we will not give up accomplishing all of the goals that we have set in this war that we did not start and we do not want. trey: let me play a clip from president biden it is a short one and i will ask you a question on the other side. >> in response in the gaza strip has been over the top. trey: over the top, this is coming from a country that bombed hiroshima and nagasaki. i'm wondering what is over-the-top when you kill children and use rape as a weapon of war in you kill kids at a music festival. what is over-the-top when you

were defending yourself against that, i have no idea what biden is talking about. >> we really appreciate the u.s. and white house support from the very beginning of the war the material support which is very, very important in sending the right message to all of our adversaries in the region not just thomas. i'm not exactly sure with the president met but the question of proportionality in warfare according to international law and common sense proportionality means doing whatever it takes to achieve a legitimate military goal and i tell you our goal was on october 8. it is just today and it will be justified as long as we continue to accomplish it because hamas can be no more we took this as a nation that we will not live next to a terrorist enclave in israel as been taken unprecedented efforts in the history of modern urban warfare,

counterterrorism to minimize the civilian casualties in gaza into maximize humanitarian aid in enemy war zone is not just us saying it is the head of urban warfare saying it. if you look at the idf's conduct in gaza and you compare it with the conduct of the international coalition to defeat isis if you look at the battles i guarantee you that we can enter compare favorably in each and every one of these categories. trey: i have to have you back on at some point we have to talk about the two state solution i am not sure how to states coexist when one wants to push the other one into the mediterranean sea but i'll ask you about that next time we get together, thank you for joining us on sunday night. coming up, wednesday is a celebration of love, what kind of golf balls do you get the love of your life lots of mysteries surrounding mysteries surrounding valentine's day, solved next on

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please don't take my sunshine away. learn more about how children international is giving children tools they need to build brighter futures. >> welcome back to "sunday night in america," love can be a complicated word, i love spaghetti and i love my mom, it is different, the greek said multiple words for what we call love this wednesday is valentine's day, usually romantic love but it does not have to be just that, it should be more. i issue passing out paper

valentines to my classmates when i was in elementary school. every single one of my classmates, got a little card, and some candy from me. from my mom. now, did i give extra cand to my french teacher who was very what is that word? abel? i think that is a french word for beautiful. yes, did she reciprocate with a good grade, no. or however you say no in french. the greek's probably had it right, different types of forms of love. love we have for our children or grandchildren is different from the love we have for our spouses. it is more expensive too. the love we have for tour -- or friends different from our parents or siblings, we use the same word but there are differences, we can feel them. hopefully we can keep val valentine's day 42

being commandeers by that chubby fellow with the bow and arrow, maybe we could should something nice for everyone like old days when my mom made me give something to everyone, love is more than romance, and deeper it is wishing the best of for others, and an act of un unwarranted kindness, love is patient and kind and not self promoting, they are worth separating, i -- celebrating, my wife is more bell than my french teacher was. i will reflect on the love that world war ii veterans have for one another, a different kind of love endured and survived, longer than most marriages. i hope you have a great week with those you care about, a lot of candy and chocolate and flowers and what are you

like. i will combine two of migrate loves, my -- my, great loves my wife teri and golf, to one i will give my wife a dozen titleist golf clubs. it will work out great for us, i love that thank you for spending part of your sunday with us, have a great week ahead, until next week you can find us on-line at imgogowdy america. good night from south carolina. ♪ ♪ >> hello i'm lisa boothe with tom shillue, and joey jones, welcome to the big week show, tonight the two big stories. >> defense secretaryti