♪ 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 shows that inflation has accelerated for the second consecutive month in august with the largest monthly increase in a year. the cpi jumped 0.6% which is an annualized rate of 7.8%. now, actually, the 12-month change has gone from a low of 3 percent to 3.2% and now 3.7%. of course, this is still well below the 99.1% peak -- 9.1% peak of last year, i get that. but the concern is that the numbers are now going in the wrong direction. noteworthy is the fact that during joe bidenomics' term, so far the really of the -- the level of the cpi has increased a whopping 7%. but if that -- 17%. if that weren't bad enough, grocery prices up 20%, electricity up 26 the %,

gasoline up 62. and throw in the 30-year mortgage rate which started at 2.65%, and it's 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 can bidenomics years. with the cumulative inflation hike, new census bureau numbers show in the last year, 2022, real household median income fell 32 the.3% -- 2.3%. that is the worse 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 11.5%, holding last year's level. that's 36.9 million -- 37.9 million people in poverty. hat tip on that one to breitbart's john carney.

now, look, 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 a failure of bidenomics. if then, of course, one definition of bidenomics is the goal of destroying fossil fuels including gas-powered cars. so while opec+, 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 peck adversaries -- opecadversarys. world oil prices back to $92 a barrel, and aaa national gasoline is back to $3.855. now, when joe bidenomics was inaugurated, world oil prices were $54 a barrel, and gasoline was $2.939. you do the math. this is another loss of household affordability. and you add it all up, bidenomics has about a 35% approval rating today in most of the polls. i'll just say save america, retire joe bidenomics. much more on the failure of bidenomics a bit later. we have breitbart's john carney. but next up, let's bring in fox news correspondent david spunt on some possible complications

for house speaker kevin mccarthy's impeachment inquiry. and then right after mr. spunt 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. this 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 then-president trump was neck deep in impeachment talk. then-house speaker nancy pelosi considered opening an inquiry into trump without a vote of the full house. at the time in 2020, doj wrote no committee may undertake the move to impeachment without a delegation by the full house of such authority. >> what the biden administration is going to do is they are going to point to this memorandum and say, look, the trump administration says that impeachment inquiry is not valid unless it's been authorized by the full house. therefore, we don't need to respond to your subpoena, we don't need to respond to your inquire arely ares. >> reporter: doj declines to comment on the story, larry, but

source toes say doj and other executive agencies will follow this opinion. important to point out if kevin mccarthy does call for a full vote on an impeachment inquiry and it passes, this document is essentially useless. back to you. larry: all right. david spunt, thank you very much. all right, folks, joining me now is 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's good to be with you. i really don't see this as being 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, is that joe biden helped to facilitate a public corruption scandal with his son and his brother, and the biden family made more than $20 the 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 to

stalker now they're trying to go back -- stalker go back and read memos 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 of a stall tactic from the white house. but, hey, if they want to start stalling now, they've been doing that for four and a half, five years, so it's really par for the course. larry: of course, that's an important point. i mean, after all, the justice department and the fbi have been doing everything they can to block, you know, be an obstacle in any of the oversight investigations that you all have done so well. but if you -- let's i say if you want to bring hunter biden up before the committee, if you want to bring up family members, you know, who own 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 trying to pierce, parse through the options, because i think the next steps are, i mean, chairman comer's been on this show is, and he said he wants to bring family members in front of the committee and so forth. so how do you read that? >> well, first of all, the reason why speaker mccarthy started the impeachment inquiry is 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 has now started an impeachment inquiry into with president biden. that is the purpose. so now that the speaker's made that declaration, we now have, actually, broader authority to make these subpoenas if the white house and the president decided they want to fight us in court on said subpoenas. i will also add this: i personally think that with all

the information that has come out and members of the house are now getting more, getting more into the details about what's been 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. it was only that they actually went back and got a vote later down the line. larry: that's another important point. pelosi set an example. byron donalds, let me just make sure i understand. you're saying speaker mccarthy's declaration does, in fact, give you additional authority. is that -- that's your point. >> what i'm saying is the start of an impeachment inkauai writee house now a legislative the purpose to subpoena additional documents or to require testimony of members of the biden family under oath. larry: okay. all right. no, no, i get that part. as a member of the oversight

committee, will family members be called in front of the committee? will they be subpoenaed, in your view, byron in. >> i think it's very possible. i mean, listen, you have hunter biden's daughter who's on the second half of a text message where hunter biden said at least you don't have to give 10% of your money or half of your salary to me, because that's what i have to do for my dad. that's a text message that hunter biden sent to his daughter. you have other members of the biden family who have gotten cashier's checks, they have gotten wire transfers, and they have no, nothing to do at all with any of the companies that were set up by hunter biden except for the fact that they're members of the biden family. and then the third piece overall is how have they actually been using the pun that was filtered -- money that was filtered through hunter biden to benefit the biden family? it wasn't going into real estate projects or something like that. that money was spent. i think a key question for a lot of those family members was how

was it spent, how was it transmitted, what did you get out of it. larry: can you get the fbi to get something act 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 stonewalled. i did ask chairman comer about it, he said there's 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, i gotta agree with my chairman here, i don't think there's any new news on this because it's not clear if the fbi has possession of those recordings. the confidential human source reported to the fbi9 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, the funny thing is, is that i would hope, you know, a network would i somehow find these recordings and actually put them on air. this actually -- they think this actually 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. i truly believe with or without those recordings we have more than enough 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'll give the house the ability to bring articles of impeachment against joe biden. larry: one last one, byron donalds. there's a report out the white house is serving a letter -- sending a letter urging news outlets to, quote, ramp up scrutiny of the biden impeachment ine quirely. sounds like they're trying to affect free speech here. we've seen this movie before.

here they go again. they're trying to -- [laughter] threaten the news outlets? i don't know, fox got a notice too. i haven't heard anything about it. but anyway, 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 when believed all kind of crazy conspiracy theories. this is the same white house that 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 and then they play elevator music so he can go take his nap. so, listen, this is par for the course from this 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. trouble is you can't dance to it, you know? [laughter] anyway, we'll leave it there. byron donalds, thank you ever so much. we appreciate your time and your rundown. take care. see you soon. >> thank you. larry: all right, folks, coming up -- [laughter] love that elevator music. as i said in my opening riff, biden-flation is back, and bidenomics is dead. we're going to talk about it with breitbart with's john carney when "kudlow" returns. there'll be no elevator music on this show ever. i forbid it completely. we'll be right back.t he use it to set and track your goals, big and small... and see how changes you make today... could help put them within reach. from your first big move to retiring poolside -

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down, july was up a little bit. they said, oh, look, yea, the trend is going in the right direction. they assumed that 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, you know, one of my favorite numbers, median cpi out of the cleveland fed, that is rising again. it's at the annual pace for august was 4%. so, and that's up from, it was, like, 2 2.3, i think, in july. so we're seeing a real uptick in underlying inflation. a lot of people say it's just oil, just gasoline. it's not just oil and gasoline. and the other thing i would say is 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've kind of reached peak disinflation on goods. we're going to start to see car prices go up. if we have a strike by the uaw, that's going to drive up used

car prices because we'll have a shortage of new cars again -- larry: tomorrow night's the deadline for the uaw. tomorrow night. >> it's going to be a big deal, and 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've seen their buying power go down. their cost of living has skyrocketed. larry: and also they're going th are deemed to replace cars in, i don't know, seven years or some such, a lot less labor is necessary. it's mostly about the batteries. we've had people -- well, here, kevin hassett said you could lose 500,000 jobs in the car business. >> right. what they're saying -- larry: incredible. >> that shouldn't all, you know, if we have a big society move that we want to push electric

cars, the union workers are saying why should we bear that cost? that should be spread around. if everybody's going to benefit because we're going to save the climate or whatever, then why should it only be union workers bear the cost? larry: you've also been writing, so the census bureau numbers came out. family income's down, median income's down, poverty, a very high level. what do you make of that? that was, what was that, yesterday? >> i know. it seems like it was out a long time ago. a lot's happened. larry: the point is, let's see, ten -- like the obama era, if i recall. you wrote it sub-2010? >> yeah, 2010, the last time we saw real median wages go down by this much, household earnings, then was the second year of the obama administration. 2010. the reason i hike that is because they went down again in 2022, the sec year of the biden administration. so biden was vice president -- biden was vice president last time we saw wages go down by this much. one of the things i like about this is we've heard all of these

left-wing economists saying that the public is completely deluded. why don't they like the biden economy? everything is going great. you look at what's happened to the median household in america, they've seen their buying power shrink tremendously in a way that hasn't happened for ten years so of course they're not happy. larry: we play 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's gone down $4,000. so the percentage is bad, but the the actual -- you look at that $4,000, those are real dollars after inflation. that kind of tells the story of the failure of bidenomics, it seems to me. everything he said, what is it, middle out, bottom up. what you're getting is middle down, bottom down. >> right -- larry: and there's no affordability. you can't buy a house at a 7.75%

mortgage rah rate. seriously. this is an affordability issue, and it's an income issue, and it's a failure of bidenomics. >> and it is very much a failure of bidenomics. and the fact that the biden administration looks at this and does look at it as a mass delusion, they're like, oh, we'll talk our way out of it. we'll tell people things are going great shows how out of touch they are. people are correct. they have gotten poorer while biden has been president. larry: yeah. that's a key point. that's a really important point. it's funny, that stuff is very personal to the families, you know? it's kitchen table type stuff. it's more important than something called gdp, which is -- [laughter] another one, john, you wrote a good piece, all the illegal migrants coming across the border who mayorkas, secretary mayorkas and joe bidenomics want to give them work permits. >> right. larry: that is going to bring down wages. could you just illuminate that point in. >> sure. larry: we've got senator tommy

tuberville who's also been raising cain about this open border or stuff. >> one of the tipoffs to get me to look at this closer was walmart said they are are reducing wages for people who who stock the shelves and pack the boxes. that's, you know, entry-level labor. yet we have a very low unemployment rate. so i said where are they getting enough workers that they can actually start cutting wages on this stuff. look, their getting it -- can they're getting it because we have so many people crossing the border, and they're being handed worker permits. that is keeping down wages. it's one of the reasons that i think household earnings fell last year. i think it's behind just the cpi numbers mean that our -- average hourly wages fell in august. larry: yeah, right. >> so that is, i think, a big -- what we used to call illegal immigration, but it's not really illegal anymore because they're handing you work permits. walmart wouldn't be hiring 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. this isn't helping the bottom at all, it's it's actually suppressing -- larry: wait a second. from american citizens at the bottom of the ladder. >> absolutely. larry: and so the migrants are coming in are going to damage that group -- >> that's right. larry: -- the least skilled, least educated -- >> that's right. a lot of times people trying to get their first jobs or people trying to reenter the work force either because they had some personal issues that kept them out of it, they're trying to reenter the work force at a low wage already are, and it's being pressed down because they're now having 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 -- yeah, it's coming through south of the border, but it's no longer just coming from our southern neighbors. it's now coming from all over the world because the biden administration has said to the world, hey, if you can get to that southern border -- larry: come on in.

>> -- you're in. congratulations, you made it. larry: and mayorkas and homeland security has no idea who they are and where they are. no idea. >> i love 20% of them, you go around new york to some of these hotels, do you think they know who those people are? of course they don't. larry: i think it was almost 100%. [laughter] john carney, stop it, you're making me -- john carney of breitbart, no elevator music here. absolutely not. thank you, john, we appreciate it. coming up on "kudlow," why is joe biden giving $6 billion to the ayatollahs in iran? plus, why is dhs not -- they have no idea who's coming across the border, and their care less. it's an open border policy. anyway, to cover all that and more, senator tommy tuberville. and then after that, mitt romney has announced his senate retirement today. oh, my gosh. we're going to have to chew on that one. ♪ larry: run, jason, run.

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♪ larry: all right. somebody's got to still tell me how is it possible that joe biden is giving $6 billion 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's a principle, an economic principle here. money is fungible. if so they think they're giving iran money for humanitarian purposes, and i'm hear to say that money is fungible. that -- i'm here to say that money will go to terrorism in the middle east killing israeli soldiers, killing american

soldiers, helping all our enemies. i mean, the senate didn't vote on this, they just go ahead and unlock assets. what is up with this, senator tuberville? >> larry, where does the madness stop? it just seems like every day something's going on. the number one state of terrorism. it just is absolutely amazing to me. joe biden just lit a match to the middle east. israels has got to be on alert. they're so close to getting a nuclear weapon it's scary even -- 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's madness, larry. you know, today we were in a luncheon, and for the first time i really heard what was going on in this biden, hunter biden and joe biden scenario with the9 problems. we don't worry about that too much in the senate. they've been handling it in the house. i've never seen such evidence

they've got, and it hooks like they're just 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 the madness. it's madness. larry: you know, i think they're getting closer, again, to a big deal with iran. i think they are. it's nutty. it's, you know, it's as phony as a $3 bill, but that could give iran a couple of hundred billion dollars, and they're going to, they're going to try to dodge the senate's advise and consent on a treaty. they're going to try to go behind your back just like they went behind your back on this $6 billion saying they were unfreezing assets. what the heck? they can't do that. someone's got to stand up in the nat and scream blood canty murder. in the senate and scream bloody murder. >> you're exactly right. and with no oil leases and things like that, they're just pumping money into our enemies everywhere, iran included.

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

central planning, wouldn't you say, senator? >> well, you're exactly right. again, it's not doing anything for the people in this one country. as you just said, gulf of mexico, it's devastating to the to the people in the gulf states. a lot of money was brought in to all the states on the gulf coast, now alaska. they continue to pull permits from other places, all over the country. but they'll sure do anything they possibly can for the people that have oil and gas anywhere else other than the united states. $4 a gallon now in the state of alabama, and it was, what, close to $2.60, 70, maybe even less than that, somewhere around $2 when president trump was in. something's gotta give. we can't run a country, we can't run anything without fossil fuels, but these crazies are going to try to do it. that's the reason we've got to get them out of office. if we don't, we're going to 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 -- [laughter] i mean, i'm going to say it's closer to 100%, all right? but somehow he's using 20%. and, by the way, the white house policy so to allow a lot of these illegals to have work permits. i'm not sure what that means. it's not exactly a green card, work permits. we just had john carney of breitbart economics telling us that that's going to reduce wages for native americans. so they can't find 'em? i don't think they want to find 'em. meanwhile, they're going to give them work permits, so how can you not find them and give work permits at the same time? is and who's going to be damage by this is indigenous american citizens. >> yeah. and it's going to affect all the citizens a across the country, larry. it's devastating. people need to wake up and see what's going on. they're trying to hide it. mayorkas has lost his mind.

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

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] i want to begin with that one, okay, charlie hurt? i don't know, my response is run, jason, run. jason chaffetz, who's a great friend and fox contributor. he's, you know, he hasn't made up his mind, the poor guy. i think he wants to earn a living, but whatever. mitt romney's retiring, charlie hurt. mitt romney is a good guy until he got with affected by the trump derangement syndrome. i mean, 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 -- [laughter] and that would be an improvement. mitt romney is probably 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 votersers are looking for, and it's not you. you had to be spectacularly terrible to lose in 2012 against barack obama after what barack obama had done during 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, he vowed that he was more pro-abortion than ted kennedy. or maybe that was running against ted kennedy. this guy is a flip-flopper extraordinaire. he's been all over the map. he's a massive loser. he's always been a loser. and one of my favorite things about him was in that after, when donald trump came along and you point out he simply couldn't

understand it, couldn't understand what people wanted, and he went after donald trump. then, of course, when donald trump offered him a secretary of state job, he came sidling up trying to do whatever he had to do to suck up to trump to get secretary of state. that's what kind of guy you're dealing with. and if the republican party gets rid of every single one of those people, the country will be better off. larry: you didn't -- i'll just amend that. he wasn't actually offered the job. they discussed the job. [laughter] >> that was even funnier. [laughter] >> i think -- >> he sucked. larry: no, that's right. i think trump was, anyway, perhaps -- >> trolling him? larry: katie pavlich, i've already nominated you to run jason chaffetz's campaign -- [laughter] but that's another segment. >> thank you, larry. larry: katie, i'm looking out for your interests, you know that. let it me ask you another thing, katie pavlich. you see these polls, i guess it

was a cnn poll. most of the republican contenders are beating joe joe biden, okay? most of them have, i think desantis is tied, nikki haley's ahead, trump's ahead, etc., etc. and democrats are beginning to get alarmed about joe biden and his presidency. we were just going through some of these numbers. you know, the bidenomics thing is just collapsing. inflation's going up, poverty's going up. real incomes for working folks going down. katie, what's going to happen here, you know? you cover the political beat, townhall.com, you've got a 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've set the infrastructure to support him, they've try to

change primary dates around going to south carolina first, they've 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 -- they're not going to have any debates on the democratic side despite him being at 20%. unless something outrageous happens, and it always can in politics over the next six e weeks, joe biden's going to be the guy. they're up against this october deadline for ballot access to get a democrat on the ballot for these early primary states. the really interesting thing too here and you look at what people are saying on the left and reading what democrats are writing, they're saying not just joe biden should go, but kamala harris too because she's even more unpopular than the current president. but for someone like gavin newsom of california or j.b. pritzker of illinois to come in last minute, that's a tough sell. and joe biden has all these legal problems now with impeachment from the house, he

has cover with the white house counsel still being in office, and he still has that pardon power if he needs to use with it even though the press secretary said he never would. he the still has that in his back pocket. it's going to be tough to get joe biden out, and i'm not sure republicans want to run against anyone else. he's a good candidate to run against. larry: how ironic biden wants to hang on so he can pardon himself. [laughter] the irony of that is phenomenal. utterly interplanetary and phenomenal. i'm sorry, kids, we've got to go. [laughter] katie pavlich -- >> thanks, larry. larry: we like you as a commentator. you don't have to manage jason chaffetz's campaign. >> i still want to make a living, lar, and i love your show. thank you for having me on. [laughter] larry: run, jason, run. all right, coming up next on "kudlow," we're going to hear if from our friend mark levin. the january 6th trial judge should recuse herself. she hates donald trump. and then gregg jarrett's going

to flesh it out for us. i'm kudlow. no elevator music here, i promise. ♪

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larry: all right. former president trump wants the january 6th judgement, this tonya huh chutkan, he wants her out. joining me now to talk about, gregg jarrett, fox news legal

analyst, author of "trial of the century. "gregg, welcome. here's a little bit of mark levin on this subject. take a listen. >> so i'm here to make the case that judge tonya chutkan is unqualified as a federal judge to handle the january 6th case and, in fact, really is unqualified to be a judge of any kind. these include her public asearchs that the 2020 the election was beyond repoach, that the january 6th protests were orchestrate by trump and that the former president guilty of crimes. on at least one occasion, suggested in open court that trump should have been charged for his alleged role, that what she routinely describes as an attempt to overthrow the government on january is 6th. the bottom line is this: judge tonya chutkan is absolutely not fit to be the judge in this case. she's already demonstrated that. larry: that's pretty strong stuff, gregg jarrett. i mean, it sounds like she has trump derangement syndrome, but

what do you think? what does gregg jarrett think about this story? >> listen, mark is absolutely right. the trouble is that recusal motions normally don't succeed, larry, principally because it's the judge who sits in judgment of herself and normally says, oh, i can be objective in saying that i'm objective. well, that doesn't mean that trump's lawyers were without cause to try this. i mean, look at some of chutkan'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. all right, what's she saying? she's saying that 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 isen -- is unfair. larry: on this recausal business, because i'm not a lawyer, is there no higher power here? is there no appeal? i mean, it's kind of goofy, as you point out. she's in charge of whether she should ree cause herself. isn't there somebody else in the world who should say, look, you've been biased and you're not qualified to run this case? the levin says she's not even qualified to be a judge. >> yeah. well, it's a two-step process. you go to the judge first in hopes that she'll actually be neutralling in assessing her own personal bias. if that a doesn't succeed, step two is to take it up to a 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's 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 a higher court. larry: ah, right. there's hope. that's a great point. i've got to have some hope on these things. anyway, gregg jarrett -- by the way, folks, be sure to read his book, it's a hell of a read. thank you, gregg. appreciate it. see you soon. all right or, folks, i'll be right back with my last word. no elevator music, promise. ♪ ♪ this thing, it's making me get an ice bath again. what do you mean? these straps are mind-blowing! they collect hundreds of data points like hrv and rem sleep,

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