we'll watch closely. great to see you tonight. thank you. >> thank you, jackie. jackie: all right, everybody, i'm jackie deangelis. elizabeth macdonald will be back with us tomorrow night. you're watching "the evening edit" on fox business.ss. i see you back here at the same time tomorrow. have a great night, everybody. ♪ ♪ david: good evening, everybody, i'm david asman sitting in today for lou dobbs. lou, like millions of other americans this evening, has been affected by a massive snowstorm. what you're looking at are images from lou's home in western new jersey where he says he's already received 2 the feet of snow, and t not letting up. the slow storm is system is currently stretching from virginia all the way up to and continues to bring with it heavy snow, winds, and in some areas, the threat of coastal flooding. as of this hour the national weather service is predicting up to 2 feet of snow here in new york new york city, an amount that would

be the fourth largest in history. of dozens of winter weather warnings and advisories are in effect all over the northeast with snowfall expected to last well into wednesdayment of while the snowstorm has stall thed work for many today, there was at least one working meeting at the white house. president joe biden attempting to create the appearance of unity, hosting ten senate republicans to listen to their pitch for a $618 billion china virus relief bill, but it looks like there is not to be the unity. white house press secretary jen psaki made cheer biden wants -- clear biden wants a package three times larger, closer to $1.9 trillion. listen. >> there's obviously a big gap between $600 billion and $1.9 trillion. i don't think any of us are mathematicians, but we can all state that clearly. so, cleary, he thinks the package size needs to be closer to what he proposed than smaller. david: we will be taking up the biden white house's lack of

unity. former congressman jason chaffetz and judicial watch president tom fitton among our guests. also ahead, former president trump switches up his legal defense team one week before the dems push forward with another impeachment. mr. trump will now be represented by david schoen, he also represented roger stone, and bruce castor, former district attorney from pennsylvania. we'll have more on that with senior adviser to former president trump jason miller as well as ken starr who defended donald trump the last time the dems failed to impeach him. we begin this evening with the disunity in washington. president biden campaigning on the promise of unifying republicans and democrats, but his feel-good catch phrase has developed no tangible action. in fact, the dems are preparing to hold a speedy impeachment trial of former president trump while also laying the groundwork for a $1.9 trillion china virus

relief package, a package that is millions, billions more dollars expensive than one proposed by ten senate republicans. those early moves have pushed the idea of unity from the minds of many in d.c. "the washington post" headline this weekend reading, quote: biden, democrats prepare to move beyond efforts to i woo republicans -- to woo republicans. apparently, they've done so. washington's deep divisions are playing out in the halls of congress. for more, we turn to fox choose chief congressional -- fox news chief congressional correspondent, mike emmanuel. >> reporter: there are signs the 117th congress is more divided than ever. >> the enemy is within the house of representatives, a threat that members are concerned about in addition to what is happening outside. >> the new definition of unity for the democrats, call republicans enmies, call us terrorists. >> reporter: gop leader kevin

mccarthy has an ultimatum, remove marjorie taylor greene from the education and labor committee, or the house will do it on the floor with a floor vote. mccarthy's expected to meet with the congresswoman about some of her controversial comments before being elected. democrats would like to go even further, seeking to remove her from congress. >> this is about dangerous lies. she calls for the killing of political leaders. she doesn't deserve to have a seat at the table. >> reporter: the congresswoman tweeted defiantly today, i only bow to one. he alone sits in the judgment seat. all this is a long way from president joe biden's inauguration speech with unity being a central theme and republicans note so far there are no signs of it. >> joe biden said that he wanted unity, he wanted to work with republicans. when they say they don't care if a republican votes for this, that's not working with are

republicans. >> reporter: another irritant for many republicans is the president's use of executive orders and actions, going around congress tends to frustrate many in the legislative branch. with some concerned it could poison finding permanent solutions to the country's toughest issues. david? david: mike emmanuel, thank you very much. >> reporter: thank you. david: president biden's use of executive action, as mike was just saying, is having a major effect on the working men and women of this country. in one of his first orders, biden halted construction of the keystone pipeline, killing thousands of jobs. the move comes at a time where almost 11 million americans are unemployed and more than 43 million live below the poverty line. fox news correspondent alicia acuna has more on the story from dorchester, nebraska. >> reporter: hi, david. you know, this main road here in the village of dorchester used to be really busy on an hourly basis at one time with trucks that were carrying industrial equipment and pipes. but you can see no more.

and, david, i want you to take a look at something, because it really exemplifies the way things came to a screeching halt here. this is a field that is up the block from where we're standing. it's filled with pipes intended for the keystone xl. now they are just laying there, and the impact on businesses like this village of 600 was immediate. >> we had pipeline crews here during the covid it did help us because we served meals to them, you know, a lot of takeout. got to meet a lot of nice people, it helped us during the restrictions. >> reporter: down the road in crete, nebraska, truck driver chris olson fears his diesel costs will go up, and he wonders what someone who's worked decades on pipelines is supposed to do now. >> flyover country, that's what they call us. like we don't even exist. that's pretty much the, you know, the way they think of us

out here. >> reporter: work was underway on the keystone xl set to run from alberta through montana and the midwest bringing economic boosts to towns all along the way. pipeline opposition is are relieved by the president's decisions. an alliance fights eminent domain and protects the land. >> if and when a pipeline should leak, the devastation that that causes is always glossed over, and the impact can be felt for years and generations. and we just don't, we don't want to see that. >> reporter: nebraska's governor says he hopes the energy company building the pipeline will fight the biden decision. >> this is the safest way to move oil. i mean, there's 20,000 pile miles of pipeline already in nebraska that does it. and if you truly are worried about the environment, you want to see oil move this way versus

another way. >> reporter: and, david, an important note, governor ricketts points out that tc energy had contracted during this pipeline extension that it would provide millions of dollars to states in property tax relief. that's huge. and without that now, the impact here is going to last years. this goes so much farther beyond those 11,000 jobs lost on the day that the executive order was signed. david: absolutely. and we should also mention, by the way, there were some native american communities that were benefiting enormously, to the tune of hundreds of millions of dollars, in equity directly from this project. so that community is divided about it as well. alicia, thank you very much. appreciate your reporting. well, american jobs aren't the only thing being threatened by the left, so the education of the country's children. democrat leaders in chicago are squaring off with the local teachers union, threatening them if they don't return to in-person learning. fox news correspondent mike tobin has the latest on this

story. hi, mike. >> reporter: hey, david. you know, there are tens of thousands of parents here in chicago who have been hoping and waiting to get their sons and daughters back in the classroom, and what they learned today is they're going to have to wait a while longer. how much longer? frankly, it's just not clear. but in-person learning was scheduled to start today for kindergarten through eighth grade students, but the schools sat empty all day. in fact, chicago's mayor, lori lightfoot, said city representatives sat on a zoom call yesterday, and the teachers union just stood them up. so notifications were sent out to parents that after almost a year there will still be no class today. the chicago school crisis came up in the white house press briefing. jen psaki dodged the issue saying the president respects mayor lightfoot and supports teachers. >> he trusts the that mayor and the unions to work this out. they're both prioritizing the right things, which is insuring the health and safety of the kids and teachers and working to make sure the children in

chicago are getting the education they deserve. >> reporter: as a you know, a lot of parents have put their careers on hold, and some of them have grown impatient. one parent told our john roberts when parents speak up, they are subject to cancel culture. >> there is a social media backlash from the public and union representatives when parents speak out, and we're mislabeled, and our voices are squashed, we're bullied. our businesses and places of work are contacted. >> reporter: now, the ceo of chicago public schools promised teachers yesterday if they don't show up, they will be cut off from google suites, that's a technology they use for remote learning. well, they didn't show up. if that ultimatum's going to be exercised, anything that happens between the teachers and the city today, if anything happened, it all happened in the dark and, frankly, teachers -- parents don't know if there'll be school tomorrow. david david wow. a lot of stuff happening in the dark in this situation. mike tobin, thank you very much.

turning now to wall street where stocks rebounded in a huge way today. the dow rising 229 points, the s&p up 60. but look at the nasdaq, 333 points. huge jump on nasdaq. volume on the big board, 5.4 billion shares. now, the trading app robinhood is trying to raise a billion dollars more from banks to fulfill orders for those haley-shorted stocks -- heavily-shorted stocks, continuing to place curbs on some transactions because its clearinghouse, it asked for -- 3 billion in collateral. -- $3 billion in collateral. robinhood's ceo will provide testimony on february 18th about all those restrictions. and a reminder to listen to lou's reports three times a day on the say level radio network. up next, the democrats' latest efforts to turn the impeachment of former president trump, a private citizen, into a reality show. we'll take that up with trump adviser jason miller next. stay with us. ♪ ♪

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or trade in for extra savings. stop in or book an appointment to shop safely with peace of mind at your local xfinity store. it's time for sleep number's january sale on the new sleep number 360 smart bed what if i sleep hot? ...or cold? no problem, with temperature balancing you can sleep better together. can it help keep me asleep? absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. will it help me keep up with mom? you got this. so you can really promise better sleep? not promise... prove. don't miss our weekend special. save up to $900 on new sleep number 360 smart beds. plus, free premium delivery when you add a base. ends monday. to learn more, go to sleepnumber.com. david: breaking news on a still-undecid congressional race in upstate the new york. republican claudia tenney now has a 122-vote lead over democrat incumbent. tenny's lead grew from 29 after more than 300 ballots were

counted. now, these ballots had originally been thrown out by election officials. another 800 ballots are being reviewed today from voters who registered through the dmv but didn't have their applications processed by application day. fox news' chad pergram telling us it is unclear when challenges to the race's outcome will be over, says the race may remain undecided for a while. also breaking, senate majority leader chuck schumer is promising to put on an impeachment show next week that republicans can't ignore. here's what heed told comcast's msnbc. >> there's a lot of bull going on with these republicans. they say let's forget this, let's sweep it under the rug. it creates disunity. now, the only healing will come if we take full accountability and go forward. and the trial managers, i am sure, are going to show the american people vividly on film what happened there in the capitol, what trump said, and people should see it.

now, maybe our republican members will change or not, but history will say we at least tried to bring justice. david: our next guest has been working, has been working as former president trump's preparation expert for what many believe is an unconstitutional act to eye lens him and the -- silence him and the 74 million people who voted for him and for his agenda. joining us now is jason miller, senior adviser to the former president. jason, good to see you. we already know, jason, that 45 senators -- and you need more than that in order to get a conviction in this trial -- 45 senators have already said that it's unconstitutional because president trump, you're trying to impeach someone who's no longer a sitting president. so isn't it just a show trial at this point? >> well, you never want to take anything for granted, david, and i think it's important for people to realize just why this is unconstitutional.

let's go to the actual impeachment filing that the democrats in the house made here. they said that it was urgent9 that we had to remove president trump from office. that's actually written in there. and the fact that president trump is no longer in office and the fact that impeachment is set up to try to remove i someone from office, the fact that we don't even have the chief justice of the supreme court overseeing this, you're going to have pat leahy who, in effect, is a juror and also the judge in this, this is completely unconstitutional. there's no jurisdiction here for the democrats to go and do this. it is completely about their vindictive political nature if, and this is why 77% of americans would rather congress and the senate specifically deal with covid and the crisis that's impacting our country right now and not this impeachment witch hunt. david: and, jason, i'm actually kind of surprised that senator schumer would bring up the house managers, one of whom, of course, is eric swalwell, the man who is still not completely

told us what went on with him and that chinese spy that he had a relationship with. i mean, it has all the makings of a farce, doesn't it? >> well, it's a complete farce. and i think it's also important for folks to realize this isn't just president trump who'll be on trial next week, it's the u.s. constitution that is on trial. not just from the aspect of the unconstitutional nature, the fact that president trump has already left office and they're trying to go and set a terrible precedent by impeaching someone who is now a private citizen, they're also trying to impeach the first amendment. and i think this is critical, and we're going to take the opportunity next week to make sure that the american public is aware of everything that senator schumer and all the other democrats, what they have said, what they have said to contribute to the overall discourse in the country. and for them to go and try to pin this on president trump, i think, is terrible. look, you know, david, i want to make clear, the events of january are 6th were horrible, and president trump was one of

the first people out there to say knock it off, we need to be peaceful. if you heard his speech, he talked about being peaceful, he talked about cheering on lawmakers. you have to be really sick in the head to have watched president trump for the last five years and not realize he is the most pro-law and order, the most anti-mob violence person who is out there. and the fact is, and it's really unfortunate we've now found this out, but the fact of the matter is some of these bad actors were doing things well before president trump even -- david: well, they were plants, yes. >> -- all the public reporting. david: there were clearly plans being made for the kind of disruption that we saw before the president even spoke. we're going to talk about some that with ken starr who's coming up after you. isn't the real purpose of this trial simply to remove donald trump from being a political figure of any sort in the united states? and, frankly, there's some republicans who wish that as well as post, if not all, of the democrats -- most, if not all of the democrats.

>> david, you're right about that. in fact, there were ten house republicans, i think the number in the senate will be much smaller. and, by the way, the ten house republicans who voted for impeach,ment, seven of the ten now already have primary challengers. you know, we did some recent polling, and 80% of trump voters and 76% of the gop overall will hold it against lawmakers who vote in favor of impeachment because people outside of the beltway, people away if the media mess inside washington realize this is a complete waste of time. and i think there's an important point here also, and that's the fact that president trump is still the leader of the republican party. he is the endorsement that everybody wants. he's the one who carried at least seven of these senators across the finish line in 2016, 2018 and 2020. he's the one who can go and help us get the house back and the senate back in 2022, and the democrats are scared of this. and, quite frankly, i'm just going to be honest here, or there's some establishment republicans who are used to having a pushover, and they're

upset they can't push president trump around. david: let's talk about what happens from the president's side, what case he's going to make and whether it's all about the constitutionality of impeaching a person who's no longer the president or whether he'll get into some of the election fraud issues that some of his original attorneys were reluctant to do, or at least that's what we're told. we still have races, by the way, like the one that i mentioned in upstate new york, representative tenney's race, where we still don't know the outcome. and a lot of that has to do with the kerfuffle that's happening with these mail-in votes and some votes that mysteriously disappeared and then reappeared. i mean, there is still more to say about what went on with the election, isn't there? >> there's a lot more to say. i don't think that next week is necessarily the timing for that. we're going to see president trump being the leader as we go state by state around the country as we go into 2021 and

2022 here, and he's going to be taking on a number of of these issues. but next week first we'll see our response to the impeachment charge tomorrow. there'll be a brief that is filed, a rather short brief, and then we see the actual trial start next monday, on the 8th, and we'll get into our fuller response. we're going to talk about the unconstitutionality of this, we'll also talk about the democrats' assault on the first amendment. david, when you see our filing tomorrow, you're going to probably see four or five other key issues that are included in that, and it's really going to put the democrats in a bind here because they're going to be -- it's going to be so clear this is this is politically motivated, it's all about being vindictive and trying to attack president trump because they fear him, and it's going to really show for the american people. that's why 60% of to the battleground statement voters think this is an absolute waste of time. david: i want to make it clear here, put a fine point on it, you will not then among those issues outlined tomorrow, we will not see questions of voter fraud included?

>> i will let the attorneys go ahead, and we just added david schoen and bruce castor, two absolute top-shelf attorneys who are experts in constitutional law. i was just on a call with them a few minutes ago, amazing to be kind of a fly on the wall as they're going through the process here and getting ready. but the primary focus of our case will be are on the unconstitutional nature of this impeachment witch hunt that the democrats are going after as well as the fact that they're trying to impeach the first amendment which we're not going to allow them to do. there's no causation. president trump did not do anything wrong with his speech. we're going to make that are very clear next week. david: jason miller, thank you for being here, appreciate it. coming up next, activist stacey abrams gets a nobel peace prize nomination, but her group is stilling being investigated for voter registrations fraud. we're going to take that up and more after a break with jason chaffetz. stay with us. stay with us.

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♪ ♪ caved david welcome back. i'm david asman sitting in for lou dobbs. well, the nerve trumpers at the lincoln project are scrambling for survival after one of their cofounders was caught sending sexually expolice sit messages to young men. john weaver has been accused by 21 men, the youngest of whom was 14. wikipedia has locked the lincoln project's page until april 10 meaning no mention of weaver's harassment charges can be added to that page at least until then. well, failed georgia gubernatorial candidate stacey abrams is being rewarded for helping to get joe biden and two democrat senators elected. she was nominated today for the nobel peace prize by a socialist norwegian politician. the nomination coming as abrams'

new georgia project is under investigation by georgia secretary of state raffensperger for allegations it enrolled ineligible and deceased voters. joining me now is jason chaffetz, former congressman and former chairman of the house overnight if committee, best selling author and fox business contributor. by the way, his new book is "they never let a crisis go to waste: the truth about disaster liberalism." i love that phrase. we'll get into that in a minute, jason. first of all, stacey abrams getting a nod by the nobel peace prize committee. what do you think? >> thanks for having me on, david. totally unwarranted. while she's under this cloud of suspicion and being with investigated, i think things need to be playing out. and it's just a shame. i mean, she's a poignant or -- nominated by a socialist in europe, surprise, surprise. the person that actually should be the recipient of the nobel peace prize is donald trump for what he did for peace in the

middle east, bringing our troops home and a very successful four years of keeping america out of war. that's true, that's truely what the know pell peace prize -- nobel peace prize should be rewarding. david: just to stay with stacey abrams for a second, we still haven't figured out exactly what happened with the cases that judge was dealing with, and the judge happened to be her sister who approved of many questionable voters being included in the final count. i mean, that was, that was certainly rea case that should have -- should not have been adjudicated by that particular judge, don't you agree? >> yeah, i don't understand how such a deep conflict of interest, your own sibling is ruling on a case in which you're intimately involved. i don't know how they didn't get that thrown out of court. that's highly suspicious. and look at the way she dealt with her own loss to governor kemp there the in georgia.

that was a total and complete embarrassment. look, democrats are jumping for joy. they won two senate seats in georgia. who would have thought? but that is hardly to the level of being a nobel peace prize, for goodness sakement and -- sake. and, again, with the suspicion, the question marks surrounding it, david, there's a lot more that we should be discussing, and a lot of other people that are a lot more deserving. david: yeah. let's move over to your book's subtime which is disaster liberalism, which is a phrase that i love. one thing that this pandemic has revealed or uncovered is liberal hi hypocrisy. their claims to being great libertarians for being open everything, but when push comes to shove and there's a disaster they're confronted with, we see these authoritarian, knee-jerk reactions all over the place. isn't -- hasn't that revealed something to the american public about the way they operate

politically? >> yes. so what happens is when government realizes that they can do things and expand because of a crisis, the number of crises becomes unlimited. and9 what the democrats have notoriously done time and time again that, you know, when i spent eight and a half years in congress, and i finally -- i fully digested this and wrote this book because i want people to be, i want this situation to be ill human may noted. i want them to understand. yes, covid is a big deal and there are things that have to be done, but they took that disaster and that crisis, and then they started leveraging it for things that have nothing to do with actually solving and pushing back this deadly disease. and you see it time and time and time again. they do it over and over and over. because then everything becomes a crisis. david: yeah. >> now there's a gun crisis and a school crisis and a disease crisis. and that means they have to bypass the normal channels,

because they would never get this stuff done by themselves. they have to leverage that crisis, bypass the american people, bypass the congress and try to go it alone. david: and feed their special interest withs. i mean, what it also revealed was dealing with the schools and the teachers unions -- >> yeah. david: -- who work very closely together because of all their contributions to the democrat politicians, etc. but a judge in west virginia, for example, really chastising the local teachers union saying there are other workers who expose themselves to far more risk than what teachers would experience inside a classroom, particularly since many of those teachers have already received at least their first vaccine shot. >> yeah. and in california the teachers union, one of the teachers unions there demanded that medicare or medicaid for all be implemented before they would go back and teach kids. that has nothing to do with teaching our kids and getting them back into the classroom. you see this time and time

again. you see governor north am doing can it, you see governor newsom doing it, governor cuomo doing, it's a pattern. and when you read this book, "they never let a crisis go to waste," that's how they operate. david: well, we've seen it under a microscope over the past year, and a lot of people are unhappy with it. david chaffetz, congrats on the book, good to see you. up next, more on the left's push to impeach a now-private citizen, mr. donald trump. where's that unity that joe biden promised? we're going to be asking former independent counsel ken starr. and before we go to break, please visit loudobbsshop.com to pick up your copy of lou's book, "the trump century." you can also grab your official "lou dobbs tonight" ♪♪

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david: breaking news, a massive or nor'easter continues to unload snow and gusty winds all over the northeast. this is a live look at new york which could see up to 2 feet of snow. the region is expected to see snow through wednesday afternoon. also breaking tonight, ukrainian president zelensky once again stating he did not feel pressured by former president trump during an infamous phone conversation in 2019. here's what he told axios.

>> translator: i read that trump put pressure. pressure? i was very offended to hear this. why? because i am the president of the ukraine. we may be smaller than the united states, but we are an independent ukraine. we proved this to russia when we kept our territory. we continue to prove that we are an independent country. s this is why he did not pressure me. i will never say that. david: that phone call between zelensky and trump was used by the dems to push the impeachment charges last year against former president trump, charges that our next guest helped defend president trump against. joining us now is ken starr, former independent counsel, fox news contributor. of ken, great to see you. now, zelensky, the media, no matter how hard they try to put words in his mouth, he genre peated what he said at the time, that he did not -- and i'm quoting him here -- he, meaning president trump, did not pressure me.

i will never say that. and yet the media keeps putting words in this guy's mouth. [laughter] >> i think it's rather impolite of the media to do that. president zelensky knows how to speak for himself, and he can speak the truth. so you're -- thank you for bringing this out, that the person who was supposedly pressured is saying, sorry, i was not pressured. period. it should never have gotten to impeachment. i'm sorry we're back at impeachment land again -- david: well, that's right. >> -- but that's where we are. david dead not only to we have another impeachment, but we have another tape. and this tape is not just an audiotape, it's a videotape as well of the president speaking before a crowd on january 6th, some of whom split away and went and attacked our nation's capitol. let me just play a little snippet of the president's speech on january 6th. listen. >> i know that everyone here will soon be marching over to

the capitol building to peacefully and patriotically make your voices heard. david: so, ken starr, is that evidence of inciting a riot? >> i don't think so when you look at the entirety of the speech. it was not inciting. i think there are first amendment free speech issues. you can criticize the fact of the speech, but to suggest this was an insurrection, i think, is quite extravagant. but there's a fundamental question here, david, as you know. your prior guest talked about that, and there really is no authority of the senate to proceed in light of the fact that the house impeachment article was not delivered to the house, to the senate from the house when the president of the united states was the president of the united statesment -- states. so there's this total incongruity between what the article of impeachment says and then the status of the former president. he's a private citizen, he

should be left alone. david: i don't want to get too far in the weeds, but the pushback from democrats is that there was, in fact, an impeachment of, i believe, a judge a couple of hundred years ago -- [laughter] who wasn't actually convicted in that impeachment, but he had left his position before he was actually impeached. does that provide any precedent at all? >> it's a weak precedent. it's a fair point. but here's the key, what governs is not what happened in one case not involving the president of the united states. what matters is the text of the constitution. this isn't getting deep in the weeds. the constitution is for we, the people. we can all turn to it, and we can read. and i think a fair and reasonable reading leads inevitably to the conclusion that impeachment is about removing. that's the keyword, removal from office. and that's not what we're about here. there are a lot of other arguments i think that can be

made including the fact that the chief justice of the united states is not going to be presiding. that tells you something, doesn't it? the text of the constitution says that if the president of the united states is the subject of impeachment on trial, then the chief justice must preside. shall preside. and the chief justice of the united states will not be presiding because the president of the united states is not being tried. david: now, we had jason miller on who still speaks closely to the president and asked him, i asked him specifically whether issues of election fraud are will be brought up by the defense team for the president. he suggested -- he didn't say definitely no, but he suggested it would not be. is that what you would advise? >> well, that's a judgment call. i do think that this i call it -- david: well, you're a judge. so if anybody can make a judgment call, it's you. [laughter] >> well, i would dismiss the thing on grounds of lack of jurisdiction, lack of authority by the united states senate.

and i hope that the republicans who did not see it that way last week will on further reflexion and, frankly, just further study -- reflection. don't take polls, return to constitution and your constitutional oath. final point on this, instead of an example from a hundred years ago involving a member of the cabinet and a judge from 200 years ago, let's look at what happened with richard nixon. history is a terrific guyed for us. -- guide for us. and the house of representatives knew when the articles of impeachment had been voted out of the judiciary committee, the president of the united states said i resign and off he goes, impeachment was over. that's a very powerful precedent can. it's the most powerful historical example. david: right. the difference, i think, here is that donald trump still has a political future which the democrats want to end with this

impeachment trial. that's what this is all really about. they want to remove him and, frankly, as i mentioned before, some republicans do too, establishment republicans want to remove him from the political scene. and that's at the heart of what's going on here. do you agree? >> it probably is. that's the9 political side. i'm on the constitutional side, and all americans should rally around the constitution, say shame on you forbending and -- for bending and twisting the constitution to achieve a political goal. by the way, i think even if the senate votes disqualification, it will eventually be challenged in court, and the supreme court of the united states will throw it out. david: well, here it is. you mentioned the constitution several times, it's in black and white. it's pretty clear, it talks about the president being impeached in present tense. and, of course, donald trump is president in past tense. ken starr, good to see you. thank you very much, appreciate it. coming up next, dr. anthony fauci has yet another new stance on wearing masks to prevent the

coronavirus. we'll take that up after the break with judicial watch's tom fitton. stay with us. nicorette knows, quitting smoking is hard. you get advice like: try hypnosis... or... quit cold turkey. kidding me?! instead, start small. with nicorette. which can lead to something big. start stopping with nicorette

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that indicates wearing two masks is better than one. and here's a little reminder of dr. fauci's ever-evolving stance on the use of masks. >> right now in the united states people should not be walking around with masks. >> you're sure of it? because people are listening really closely to this. >> right now there's no reason to be walking around with a mask. when you're in the middle of an outbreak, wearing a mask might make people feel a little bit better, and it might even block a droplet. but it's not providing the perfect protection that people think that it is. the better part of valor is that when you're out and you can't maintain that 6 foot distance, to wear some sort of facial covering. so if you have a physical covering with one layer, you put another layer on it, it just makes common sense that it likely would be more effective, and that's the reason why you see people either double maaing or doing -- masking or doing a version of an n95.

for many people who feel, you know, if you really want to have an extra little bit of protection, maybe i should put two masks on. there there's nothing wrong with that, but there's no data that indicates that that is going to make a difference. and that's the reason why the cdc has not changed the recommendation. [laughter] david: hard to keep it straight. joining me now is tom fitton, the president of judicial watch. kind of reminds me, tom, of briden's talk about unity, no unity, unity, no unity, executive order. i mean, it's hard to keep anything straight with regard to this guy. >> yeah. why not wear five masks? [laughter] why not wear seven? you know, one of the dirty little secrets about mask mandates is there's no fauci standard study meaning, you know, a placebo, a controlled study randomized that shows that masks refective in controlling the spread of coronavirus. now, there have been studies that suggest they might be effective, but there's no study that shows, yes, we know they

are effect i. david: yeah. >> so we have the government mandating a health intervention and, you know, the science behind it is up in the air. and a few admitted that in his -- fauci admitted that in his initial comments. david: you know, a lot of people say, okay, the mask is one thing, but what really was bothersome was when he was dethe fending china for what he called their transparency vis a vis-a-e china virus. let me just play, at the risk of having too much fauci, let me just play a little sound bite from back then in january. >> it's like night and day. having lived through the sars experience, they were not very transparent at all, and they very likely delayed the response that we should have had. they were quite embarrassed with that. this situation is entirely different. they're being quite transparent and literally in realtime on an

hourly and daily basis, they're giving you what's going on in china right now literally in realtime. david: now, what's extraordinary -- that, by the way, was a year ago january, so it was right in the beginning. but we knew that something was going on, particularly somebody dr. fauci who was very close to the world health organization realized that there was a big cover-up that we were in the middle of at the end of january, and yet they have never up until now have never been called to account for releasing that virus. >> yeah. w.h.o., the international medical establishment spent a lot of time being concerned about protecting and praising china as the coronavirus was emerging out of that country. we have separate e-mails that we found working with the daily caller news foundation that show that a w.h.o. entity and fauci

approved this, they were concerned about praising china. why go out of their way to praise china? i don't understand it. and it shows you why president trump at least pulled out of the w.h.o. because of the politics of praising china as opposed to holding that country specifically accountable. you know, this is about -- this is not a debate about what you do personally. here we have the government using our tax dollars to fund an agency that protected china, here we have the government mandating mask wearing, and what we want is accountability. where's the money coming from -- david: real accountability. >> -- what's the basis for the mandate, what's the basis for the restriction on our freedom and liberty. david: we've got to leave it at that. tom fitton, thank you very much. stay with us, we'll be right back. broken windshield... take 1... hey guys, my windshield just got broken, i feel like i need to blow off some steam. let's go... 1, 2, 3, 4...

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this is critical. david: that's it for us this evening. lou, plans to be back tomorrow. historian victor davis hanson and "the hill" media columnist joe concha among our guests tomorrow. thanks for joining us.avid kennedy: alright now welcome to it. ten republican senators tonight at the white house to play a let's make a deal. and they've got a covid relief plan that cost just a third about $1.9 trillion monstrosity democrats are trying to sell. but will president biden listen to reason? or caved into the radicals who want a blank check for the crazy agenda. and what in the world happened to all the unity? republicans came armed with a 16 billion-dollar bill that it was 160 billion for coke bead vaccine distribution for that's for the same the democrats over the similarly's and thereby the gop