ebidta. what we like about it they have a 3% dividend yield but they have been buying back a ton of shares. last year their total shareholder yield, dividend yield plus the amountth repurchasing was 20% of their market cap. so they have been very investor friendly. they have one of the dominant positions in the permian basin, one of the best maces in the united states. because of that they drilleds almost as many wells as anyone. that gives them a lower cost of production which makes it a little more defensive. [closing bell rings] likewise they get nor efficient. liz: we have to run. burns mckinney, thank you so much. markets mixed after a choppy day of trade. nasdaq ekes out a gain. we'll see you tomorrow. ♪. larry: hello, folks, welcome to "kudlow," i'm larry kudlow. we have tonight more news on the house impeachment inquiry and we've got breaking news on mitt romney's retirement from

the senate but let me first begin with a new failure of "bidenomics." today's august cpi report inflation accelerated for the second consecutive month in august, with the largest monthly increase in a year. cpi jumped 6.6% an annualized rate at 7.8%. the 12 month change has gone from a low of 3% to 3.2% and now 3.7%. of course this is still way below the 9.1% peak of last year, i get that, but the concern is the numbers are going in the wrong direction. noteworthy the fact during joe "bidenomics" term, so far the level of cpi increase ad whopping 17% but if that weren't bad enough grocery prices up 20%, electricity up 26%,

gasoline up 62% and throw in the 30-year mortgage rate which started at 2.65% and is now 7.75%. just in case you were thinking about buying a new home. this gets to the key issue of declining affordability during the "bidenomics" years. with the cumulative inflation hike, new census bureau numbers show that the last year, 2022, real household median income fell 2.3%. that is the worst since the obama-biden days of 2010. real family household income dropped 2.9%, almost 3%. and the poverty rate is all the way up to 11 1/2%, holding last year's level. that is 37.9 million people in poverty, hat tip on that one to "breitbart"'s john carney. look it, during the trump years,

the pre-pandemic 2019 poverty rate had fallen to 10.5% and 34 million people. just saying. additionally, real median income, which rose over $6,000 pre-pandemic during the trump years, has fallen roughly $4,000 during the biden years. again, this is another lack of affordability. now, folks are working but their real incomes are falling. work harder, buy less. this is the failure of "bidenomics." then of course one definition of "bidenomics" is the goal of destroying fossil fuels including gas-powered cars. so while opec plus which includes iran, venezuela, russia, saudis, well they extend their production cuts "bidenomics" has frozen drilling in large parts of alaska and the gulf of mexico.

the rig count is way down. in other words, future production cuts from biden match the current production cuts of our opec adversaries. so world oil prices back to $92 a barrel and aaa national gasoline is back to $3.85. now when quo "bidenomics" world oil prices were $50 a barrel and gasoline was $2.39. you do the math. this is another loss of household affordability. you add it all up, "bidenomics" has about a 35% approval rating today in most of the polls. i will just say save america, retire joe "bidenomics." much more on the failure of "bidenomics" a bit later. we have "breitbart"'s john carney. next up bring in fox news

correspondent david spunt on some possible complications for house speaker kevin mccarthy's impeachment inquiry. right after mr. spunk, we have the great byron donalds, member of the house oversight committee. first up, david, what can you tell us? >> reporter: well, larry as we know yesterday house speaker kevin mccarthy announced unilaterally this house impeachment inquiry into president biden which just means an investigation. and as i said he did so unilaterally without a full vote of the house. now a 54 page document here at the department of justice where i am written during the donald trump, bill barr administration here at doj may actually help the biden white house specifically because according to this document an impeachment inquiry is not valid unless the entire house votes on such an inquiry, meaning that doj may use this to not give documents to kevin mccarthy and other republicans.

it is also affects other executive agencies like the fbi and the irs. now the doj may not cooperate. both agencies are expected, meaning the doj and fbi to cite this legal opinion in early 2020, president trump was neck deep in impeachment talk. then house speaker nancy pelosi considered opening a iimpeachment into trump. at the time doj wrote no committee may undertake momentous move from legislative oversight to impeachment without delegation of the full house with such authority. >> what the biden administration is going to do, they will point to this memorandum, look the trump administration says that impeachment inquiry is not valid unless it has been authorized by the full house. therefore we don't need to respond to your subpoena, we don't need to respond to your inquiries. >> reporter: doj declines to comment on the story, larry, i

can tell you, sources say doj and other executive agencies will follow this opinion. important to point out if kevin mccarthy house speaker calls for full stroll on impeachment inquiry and it pass this is document is essentially useless. larry: david spunt, thank you very much. joining me florida congressman byron donalds member of the house oversight committee. welcome back. is this a problem or what? how do you read this story? >> larry, it is good to be with you. i really don't see this much of a problem at all. this is now the white house trying to do everything they can to stall because what they know is what i know, joe biden helped to facilitate a public corruption scandal with his son and his brother and the biden family made more than $20 million using his position of power against frankly the will and the prospects of the united states of america. it was for their own personal gain. and so now they're trying to

stall. now they're trying to go back and read memos and do auld this other stuff when all of this started with the fact that joe biden lied to the american people when he said he had no idea what his son was doing. that was a flat-out lie. i think this is really more after stall tactic from the white house. hey, if they want to start stalling now, they have been doing that for four and a half, five years, this is really par for the course. larry: of course that is an important point. after all the justice department and the fbi have been doing everything they can to block, be an obstacle in any of the oversight investigations that you all have done so well. but let's say, if you want to bring hunter biden up before the committee, if you want to bring up family members, who owned these llcs, who got all this money from china, ukraine, god knows where, will it be blocked, or, i mean, you can subpoena, you already have congressional

authority to subpoena, do you need additional authority is what i'm trying to figure out? would a vote on a resolution for example, be useful here or strengthen here or what? i'm just tying to pierce, parse through the options because i think the next steps are, i mean, chairman comer has been on this show and he said he wants to bring family members in front of the committee and so forth, so how do you read that? >> first of all the reason why speaker mccarthy started the impeachment inquiry because now there is a legislative purpose to the request of information and potentially subpoenas issued to members of the biden family and that purpose is that the house is now started an impeachment inquiry into president biden, that is the purpose. now that the speaker made that declaration we have now actually broader authority to make the subpoenases if the white house and president decided they want to fight us in court on said

subpoenas. ii want to add this, i personaly think with all the information that has come out and members of the house are getting more into details what is going on in these investigations i think the votes are there if we have to go to the floor personally but we have that authority now and i will also add, larry, nancy pelosi did the very same thing. she started an impeachment inquiry with no vote of congress. they actually got a vote later down the line. larry: that is another important point, pelosi set an example. byron donalds let me make sure i understand, you're saying speaker mccarthy's declaration us did in fact give you additional authority, is that, that's your point? >> what i'm saying is the start of an impeachment inquiry gives the house now a legislative purpose to subpoena additional documents or to require testimony of members of the biden family under oath. larry: all right. no, no, i get that point.

as a member of the oversight committee will family members be called in front of committee? will they be subpoenaed in your view, byron? >> i think it is very possible. listen, you have hunter biden's daughter who is on the second half after text message where hunter biden said, at least you don't have to give 10% of your money, half of your salary to me because i, that is what i have to do for my dad. that is a text message hunter biden sent to his daughter. you have other members of the biden family who v gotten cashiers checks, they have gotten wire transfers and they have nothing to do at all with any of the companies that were set up by hunter biden except for the fact they're members of the biden family and the third piece overall is, how have they actually been using the money that was filtered through hunter biden to benefit the biden family? that money didn't go into projects. it wasn't going into real estate projects or something like that. that money was spent. a key question for a lot of those family members is how was

it spent, how was it transmitted, what did you get out of it? larry: can you get the fbi to get something about these audiotapes between the head of burisma and joe biden and hunter biden? i mean seems to me that is a very important piece of evidence. it has come up. it has been alleged. of course the fbi has stonewalled. i have did ask chairman comer about it. he said there is no new news on that. seems to me, byron, these audiotapes would tie you directly to the then vice president biden in a bribery scandal? >> well look, i got to agree with my chairman here, i don't think there is any new news on this because it is not clear if the fbi has possession of those recordings. the confidential human source reported to the fbi that the

recordings existed but in terms of where is the custody of said recordings we just don't know right now. i mean, listen, i would hope a network would somehow find these recordings to put them on air. this seems to happen all the time in our political system where miraculously audio recordings are given to a reporter and then they're on the air. hopefully they're recovered and sent forward but i truly believe with or without those recordings we have more than enough information not only to start an impeachment inquiry but when we get the additional information that frankly will just fill in the gaps on all that we know, i think that will give the house the ability to bring articles of impeachment against joe biden. larry: yeah. one last one, byron donalds, there is a report out the white house is sending a letter urging news outlets to quote, ramp up scrutiny of the biden impeachment inquiry. sounds like they're trying to affect free speech here. we've seen this movie before.

here they go again. they're trying to threaten the news outlets, i don't know? fox got, fox got a notice too. i haven't heard anything about it. what do you make of this, the white house on the prowl? >> i mean look, larry, like you said we've seen this before. this is the same white house that suppressed free speech of the american people with respect to covid-19. this is the same white house that tried to create a department of disinformation with some knucklehead lady who believed all kind of crazy conspiracy theories. this is the same white house has no respect for freedom of the press, no respect for the national press corps because they can't even materialize the president of the united states for an extended inquiry by the press. they take five questions. they play elevator music so he can bo take his nap. this is par for the course from the white house. they want to intimidate journalists in our country. they want to basically run around the first amendment and

ignore it to protect joe biden and his family because they have engaged in public corruption. larry: love that elevator music, byron, love that elevator music. the trouble is you can't dance to it. anyway we'll leave it this. byron donalds thank you ever so much. we appreciate your time and your run-down, take care. see you soon. >> thanks. larry: folks coming up, i love the elevator music, as i said in my opening riff, biden inflation is back and "bidenomics" is dead. we'll talk about it with "breitbart"'s john carney when "kudlow" returns. there will knob elevator music on this show. i forbid it completely every day, businesses everywhere are asking: is it possible? with comcast business... it is.

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♪. larry: so joe biden inflation is rising again and i think joe "bidenomics" is dead. joining us to talk about all of this again, john carney, "breitbart economics finance" editor and coauthor of the "breitbart business digest" a must-read every day. welcome back, john. first up, cpi, higher than expected. year on year change is rising. kind of moving in the wrong direction. what do you make of it? >> as you pointed out two months in a row up. a lot of people had overplayed we had, may was down, june was

down, july was up a little bit, and they said oh, look, the trend is going in the right direction. they assumed this was just going to keep happening. what we're seeing now is actually the trend is going in the wrong direction. you don't want to make too much out of any one month of course, but look, if you look at the one of my favorite numbers, median cpi, out of the cleveland fed, that is rising again. larry: oh. >> it is at, annual pace for august was 4%. so that's up from maybe 2.3 i think in july. so we're seeing a real uptick in underlying inflation. a lot of people say it is just oil, just gasoline. it's not just oil and gasoline and the other thing i would say if you look at this, we've got inflation down a lot because we brought down goods inflation and that's not going down much further. we kind of reached peak disinflation on goods. we will start to see car prices go up. if we have a strike bit uaw that

will drive up used car prices. we'll have a shortage of new cars again. larry: tomorrow night, tomorrow night's the deadline for uaw, tomorrow night. >> it is going to be a big deal. i'm hearing they have not made any progress. and look this is actually the fault of joe biden because one of the things driving this strike is the fact that people's wages have deteriorated so much. of course the unions want to be paid more because they have seen their buying power go down. their cost of living skyrocketed so of course -- larry: electric vehicles which are deemed to be replace gas-powered cars in seven years or some such, a lot less labor is necessary. mostly about the batteries. we've had people, here, kevin hassett, former cea chair you could lose 500,000 jobs in the car business. >> what they're saying is -- larry: that's incredible. >> that shouldn't, if we have a big society move we want to push electric cars, union workers are

saying why should we bear that cost? this should be spread around if everybody will benefit we'll save the climate or whatever, why should it only be union workers bear the cost of that? larry: you've also been writing, census bureau numbers came out, family income is down, median income has come down, poverty high level. was that just yesterday? >> seems it was out a long time ago. a lot's happened. larry: the point is, let's see, like the obama era as i recall. >> right. larry: you wrote this up in 2010. >> 2010 the last time we saw wages go down, real median wages go down by this much, household earnings was the second year of the obama administration, 2010. the reason i like that is because they went down again in 2022, the second year of the biden administration. so biden was vice president last time we saw wages go down by this much. one of the things i like about

this, we heard all these left-wing economists saying the public is completely deluded. why don't they like the biden economy, everything is going great? look what happened to the median household in america, they have seen their buying power shrink tremendously in a way that hasn't happened for 10 years. of course they're not happy. larry: we played with some numbers from the census bureau. median families are down $4,000 from the trump pre-pandemic peak. median income under trump went up over $6,000 and now it has gone down $4,000. >> right. larry: so the percentage is bad you about, you look at that $4,000, those are real dollars after inflation. that kinds tells of story of the failure of economics seems to me. everything he said, middle out, bottom up, what you're getting is middle down, bottom down. >> right. larry: there is no affordability. you can't buy a house at.75

mortgage rate. it is a affordable issue. and it is a failure of "bidenomics." >> it is very much a failure of "bidenomics" and the fact that the biden administration looks at this, this is mass delusion. we'll talk our way out of this, economics tell people things are going great shows you how out of touch they are. you are correct, people have gotten poorer while biden has been president. larry: that is the important point. it is funny that stuff is very personal to the families. it is kitchen table type stuff. more important than something like gdp. another piece you wrote illegal migrants coming across the border who mayorkas, secretary mayorkas and quo joe "bidenomics" want to give them

permits. could you elaborate right on that point? >> yes. larry: we have tommy tuberville coming on raising cain about the open border. >> one of the little tip-offs looking closer, walmart said they're reducing wages for people that stock the shelves and pack the boxes. that is entry level labor. but yet we have a very low unemployment rate. where are they getting the workers, enough workers they can actually start cutting wides wages on this stuff. zoo many people crossing the border being handed worker permits. that is keeping down wages. it is one of the reasons i think household earnings fellas year. i think it is behind just, cpi numbers mean that average hourly wages fell in august. and so -- larry: right. >> so that is, i think a big, what we used to call illegal immigration but it is not really illegal anymore because they're handing them work permits. walmart wouldn't hire masses of these people if they weren't

being given work permits. that is holding down wages for the people at the bottom of the economic ladder. joe biden says from bottomed up. this is not helping the bottom at all. it actually suppressing wages. larry: from american citizens at the bottom of the ladder. >> absolutely. larry: so the migrants are coming in are going to damage that group. >> that's right. larry: least skilled, least educated -- >> a lot of times young people trying to get some of their first jobs or people trying to reenter the workforce, they have been out of it either because they had some personal issues that kept them out of it, they are trying to reenter the workforce at a low wage already. it is being pressed down because they're now ising to compete with people coming from desperate economies in south and central america. actually from all over the world. we used to think it was a problem coming through the south of the border. it is no longer coming from our southern neighbors, it is coming from all over the world. the biden administration said to the world if you can get to the

southern border you're in. congratulations, you made it. larry: mayorkas and homeland security has no idea who they are and where they are. no idea. >> i love that they said lost only 20% of them. larry: come on. >> go around to new york, some hotels packed with migrants, do you think they know who these people are? larry: they haven't lost 20%. 100%. stop it, you're making me laugh. john carney from "breitbart," no elevator music here, absolutely not. we appreciate it. coming up on "kudlow" why is joe biden giving six billion dollars to the ayatollahs in iran plus? why is dhs not, they have no idea who is coming across the border and they care less. it is an open border policy. anyway to cover all of that and more, senator tommy tuberville, after that, mitt romney has announced his senate retirement today. oh, my gosh. we're going to have to chew on that one. run, jason, run jason run.

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♪. larry: all right, somebody has got to still tell me how is it possible that joe biden is giving six billion dollars to the ayatollahs in iran? joining us now to talk about that and a few other things is great alabama senator and great friend, mr. tommy tuberville. senator tuberville, you know, there is a principle, an economic principle here. money is fungible so they think they're giving iran money for humanitarian purposes and i'm here to say that money is fungible. that money will go to terrorism in the middle east, killing israeli soldiers, killing american soldiers, helping all

of our enemies. the senate doesn't vote on this. they just go on ahead and unlock assets. what is up with this, senator tuberville? >> larry, where does the madness stop? just seems like every day something is going on. the number one state of terrorism, just absolutely amazing to me. joe biden just lit a match to the middle east. israel has got to be on alert. they are so close to getting a nuclear weapon it's scary. they might already have it but he just keeps sponsoring problems across the world. solve some problems here before you continue to send money every other place, but it is madness, larry. we were at a luncheon i heard what is really going on in had biden, hunter biden scenario, problems. we don't worry about that too much in the senate, they handle that in the house. i have never seen such evidence

they have got. looks like they're trying to take the heat off them by doing crazy stuff all over the world and in our country also. this makes no sense, it's madness. larry: i think they're getting closer, again, to a big deal with iran. i think they are. it's nutty, you know, phony as a three dollar bill but that could give iran a couple hundred billion dollars, and they will try to dodge the senate's advice and consent on a treaty. they will try to go behind your back, just like they went behind your back on the six billion dollars saying they were unfreezing assets. what the heck. they can't do that. somebody has to stand up in senate and scream bloody murder. >> you're exactly right. with no oil leases and things like that they're pumping money into our enemies everywhere,

iran included. behind the scenes they're trying to work on this new deal with iran. it's coming, coming sooner than later. hopefully we can get this group out of there before we can get this done. we live in dangerous times, not just in china, in taiwan, not just ukraine and russia i think the biggest problem we'll have right now is going to be in the middle east because it is very scary what these people are doing. they can do a lot they gave them. again with the money they're making off oil and gas all over the world. larry: that is right. the world oil price is closing in on $100 a barrel once again. that finances iran. that also finances vladmir putin and joe biden goes to alaska and freezes drilling, illegally i might add, violating congressional mandates through legislation. he freezes a lot of stuff in the gulf of mexico which is also illegal because he is violating congressional mandates and legislation. he is going hog-wild. it is not exactly a dictatorship

but pretty heavy-duty central planning, wouldn't you say, senator? >> well, you're exactly right. it is not doing anything for the people in this country. what you said gulf of mexico it is devastating to the people in the gulf states. a lot of money was brought in to all of the states on the gulf coast. now alaska, they continue to pull permits from other places all over the country but they will sure do anything they possibly can for the people that have oil and gas anywhere else other than, other than the united states. at four dollars a gallon now in the state of alabama. it was close to 2.60, 70 cents, maybe even less than that, somewhere around two dollars when president trump was in. something has to give. we can't run a country, we can't run anything without fossil fuels but these crazies will try to do it. that is the reason we have to get them out of office. if we don't we'll be in big trouble. larry: senator, last one, this story, that secretary mayorkas

of dhs has lost count of 20% of the illegal migrants, now, i'm going to say it is close to 100%, all right? but somehow he is using 20%. by the way, the white house policy is to allow a lot of these illegals to have work permits. i'm not sure what that means. that is not exactly a green card. work permits. we have just had jon carney of "breitbart" economics telling it that is going to reduce wages for native americans. so they can't find them. i don't think they want to find them. meanwhile they're going to give them work permits. how can you not find them, and how can you not give work permits at the same time, and who will be damaged by this is indigenous american citizens. >> yeah and it is going to affect all the citizens across the country, larry. it is devastating. people need to wake up to see what is going on. they're trying to hide it.

mayorkas has lost his mind, i told him that, told him that in hearings. he don't know what he is doing. larry: he might know what he is doing, he has been told what to do. i've been on airplanes leaving out of mcallen, texas, with illegals on the airplane, given money, phones, cards to fly anywhere they want. we're spending a fortune on these people and coming across right and left and kids are doing from fentanyl, human trafficking going on. it is a disaster now but it will get worse. these people do not care, they absolutely do not care what they're doing to the taxpayers and citizens in this country. they're trying to bring us to the point where they can keel everything that is going on through this illegal immigration. larry: interesting. senator tommy tuberville, as always, thank you very much for your time. which appreciate it. folks, moving right along we're going to have some heavy-duty political analysis, maybe even some campaign management. katie pavlich, editor for

townhall.com and fox news contributor and if that weren't enough, charlie hurt, "washington times" opinion editor and also a fox news contributor. mitt romney is retiring from the u.s. senate. >> [laughter] larry: i want to begin with that one, okay, charlie hurt? i don't know, my response is run, jason run, jason chaffetz, who is a great friend and fox contributor. >> yeah. larry: he has had, you know hasn't made up his mind, the poor guy. i think he wants to earn a living or whatever. mitt romney is retiring charlie hurt. why is -- mitt romney is a good guy until he got affected by the trump derangement syndrome. this is one of these weird stories, charlie hurt. take it from there, what do you think? >> well i think that jason chaffetz would be an awesome improvement but you could put hunter biden in there and that would be an improvement. larry: latch laugh. >> mitt romney is probably the

biggest loser to ever run for politics in america, certainly in modern times. he ran a terrible campaign in 2012. we didn't realize how terrible that campaign was and how disconnected he was from voters until 2016 when donald trump came along and said no, actually, this is what voters are looking for and it is not you. you had to be spectacularly terrible to lose in 2012 against barack obama after what barack obama had done his first term but remember, mitt romney is one of these people, remember when he ran for i think governor of massachusetts, i can't remember which one, he vowed to that he was more pro-abortion than ted kennedy, or maybe running against ted kennedy. this guy is a flop flopper extraordinaire. he has been all over the map. he is a massive loser. he has always been a loser and one of my favorite things about him was that after, when donald trump came along, and as you pointed out he simply

couldn't understand it, couldn't understand what people wanted and went after donald trump and then, of course when donald trump offered him a secretary of state job he came side he willing up, trying to do whatever he had to do to suck up to trump to be secretary of state. that is the kind of guy you are dealing with. if the republican parties gets rid of everyone of those people the country will be better off. larry: i would amend that. he was not actually offered the job, they discussed the job. >> that was even funnyier. he sucked up even though he wasn't even offered the job. larry: perhaps party unity. >> trolling him. larry: katie pavlich, i nominated for you to run jason chaffetz's campaign in utah, but that is another segment. >> thank you, larry. larry: i'm looking out for your interest, you know that. let me ask you another thing, crate tee pavlich, you see these

polls, i guess it was a cnn poll, most of the republican contenders are beating joe biden okay? most of them i think, desantis is tied. nikki haley is ahead, trump is ahead, et cetera, et cetera and democrats are beginning to get alarmed about joe biden and his presidency. we were just going through some of these numbers. the "bidenomics" thing is just collapsing, inflation is going up, poverty is going up. real income for working folks is going down. katie what will happen here? you cover the political beat, townhall.com, good stable of writers and so forth, isn't somebody on your radar screen that might throw his or her hat into the ring to try to knock off biden because democrats don't like him either? >> well look, the dnc has circled the wagons around president biden. they have made it clear that they want him to be the guy. they have set the infrastructure to support him. they tried to change primary

dates around, going to south carolina first. they have caused big problems with that in new hampshire. they have sidelined rfk, jr., who is polling at 20% running as a democrat against joe biden. they don't want him to be, will not have any debates on the democratic side despite him being at 20%. unless something outrageous happens and always can in politics, so for the next six weeks, joe biden is going to be the guy. they are up against the october deadline for ballot access to get a democrat on the ballot for these early primary state. the really interesting thing too here, if you look what people are saying on the left, reading what democrats are writing, saying not just joe biden should go but kamala harris should go too because she is even more unpopular than the current president, for someone like gavin newsom from california or jamie pritzker to come in from illinois at the last minute that will be a tough sell. joe biden will not want to go. he has all the legal problems with impeachment from the house. he has cover with the

white house counsel still being in office, he still has pardon power for hunter biden if he needs to use it even though the press secretary said he they ever would, he still has that in his back pocket. i'm not sure republicans want too run against anyone else. he is a good candidate to run against they're all beating him now. larry: how ironic joe biden wants to hang on to pardon himself. the iron any of that is phenomenal, utterly interplanetary and phenomenal. i'm sorry kids, we have to go. >> thanks, larry. larry: katie pavlich, we like you as a commentary you don't have to manage jason chaffetz' campaign. >> i do want to make a living and i love your show. thank you for keeping me on. larry: run, jason, run. coming up next on kudlow we'll hear from our friend mark levine, the january 6th trial judge should recuse herself, she hates donald trump.

gregg jarrett will flesh it out for us, i'm kudlow. no elevator music here, i promise. the one thing we can never get more of is time. or...can we? this is watsonx orchestrate: ai designed to multiply productivity by automating tasks. when you watsonx your business, you can build digital skills to help human resources spend less time generating offer letters, writing job reqs, and managing schedules... and spend more time on humans. let's create more time for your business ...with watsonx orchestrate. ibm. let's create.

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♪. larry: all right, former president trump wants the january 6th judge, this tan yaw chutken, he wants her out. joining me to talk about it, gregg jarrett, fox news legal analyst, author of "trial of the

century," gregg, welcome. here a little bit of mark levine from his show, life, liberty and levine on this subject. take a listen. >> i'm here to make the case judge tan yaw chutken is unqualified as a federal judge to handle the january 6th case, and really unqualified to be a judge of any kind. this including public assertions that the 2020 election was beyond approach, that the january 6th protests were orchestrated by trump and former president is guilty of crimes. at least one occasion chutken suggested in open court trump should have been charged for his alleged role, what she you teenly describes an attempt to over throw the government on january 6th. the bottom line is this, judge tanya chutken is absolutely infit to be the judge in this case. she already demonstrated that. that is pretty strong stuff, gregg jarrett. sounds like she has trump der

rangement syndrome, but i will give you what do you think, gregg jarrett about this story? >> mark is absolutely right. the trouble is recusal motions normally don't succeed, larry, principally it is the judge hoe sits in judgment of herself, normally says oh i can be objective saying i'm objective. that doesn't mean that trump's lawyers were without cause to try this. i mean look at some of chutken's past remarks, they're deeply troubling. you know she said in one particular case cited from the bench, in a j 6 trial, she accused the defendant of having blind loyalty to one person and i'm quoting here, who remains free to this day. what is she saying? she is saying trump belongs behind bars without a trial and she pronounced him guilty in the court of public opinion in a statement widely reported.

so you know, these are legitimate questions raised by trump's lawyers. she won't recuse herself and that will simply add to the perception that this case is unfair. larry: gregg, on this recusal business, i'm not a lawyer, is there no higher power here, is there no appeal? i mean, it is kind of goofy as you point out, to she is in charge of whether she should recuse herself. isn't there somebody else in the world who should say, look, you have been biased you're not qualified to run this case? levin is making a second point, levin is saying she is not european qualified to be a judge? >> well it is a two-step process. you go to the judge first in hopeses that she will actually be neutral and objective in assessing her own personal bias. if that doesn't succeed, step to take it up to the higher court and review the record of her

statements. the legal standard for disqualification is whether a reasonable person would have doubts about the judge's ability to be objective and fair and here it is pretty clear, based on her remarks she has a personal bias that would prevent the fair administration of justice. so when trump lawyers lose, they should pursue it to higher court. larry: there is hope. that is a great point. i have to some hope on these things. anyway, gregg jarrett, folks read his book about the scopes monkey trial, william jennings bryan and clarence darrow, it is a hell of a read. gregg, thank you. folks i will be back with my last word. no elevator music, promise ♪ is it possible to fall in love with your home... ...before you even step inside?

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♪ larry: inflation is up, family income's down, poverty is up. gas prices are up. oil prices are up. people are running over our open borders. it's all wrong. i say it's time to retire joe bidenomics. that's all. retire him. and it's time, it's way past time, to watch liz macdonald. liz -- elizabeth: please, march oi -- harry, don't you ever retire. larry: i won't do it