certainly some attributes there that compete but i'm quite comfortable that over time we're going to be well-rewarded as a co-owner with a families that started garmin. cheryl: i also am seeing these other picks, waskco, that is air-conditioning company, markle, insurance company and very interesting picks very out of the box thinking. that is what you need when you have a rough market. mark travis, thank you for those picks. here we go. a lot can happen. numbers have to settle. [closing bell rings] we have 14 seconds. we'll see. joining us metaverse cofounder, jason maybe per. markets too close to call. that's it for me. "kudlow" is next. ♪. larry: hello folks, welcome to

"kudlow," i'm larry kudlow. after allowing roughly five million, wage cutting rent spiking, law breaking, sex and drug trafficking terrorists threatening illegal migrants to come across an border since january of 2021, president biden and his dhs secretary alejandro mayorkas, have now decided, wait for it, wait some more, they have decided that donald trump was right all along, build that wall, sort of. remember this, from just a couple years ago, take a listen. >> trump campaigned on build that wall. are are you willing to tear that wall down? president biden: no, there will not be another foot of wall constructed on my administration, number one. number two, what i'm going to focus on and the fact is that somebody in this group written a lot about the border i'm going to make sure that we have border

protection but it is going to be based on making sure that we use high-tech capacity to deal with it. and at the ports of entry. >> what about confiscations -- larry: well, anyway, that was campaign promise, but five million illegals later, mr. biden is kind of slow on the trigger, don't you think? sort of like closing the barn door after the horses have already bolted? i think they're only talking about less than 20 miles, 20 miles. even that seems to be to assist border authorities to babe bip sit the illegals as illegals as they cross into the u.s., with half of democrats in some kind of revolt against illegal migrants invasion of america, joe biden is did desperately trying to put out a big political fire. i don't believe a word of this stuff. yesterday the dhs inserted into

the federal register. there is need to construct physical barriers and roads in the vicinity of the border the united states inrd to prevent unlawful entries into the united states. hold on, does biden agree with his own dhs that we need to finish the law? no, of course not. no, it is all phony media stunt. here is some more proof. listen to this and weep. president biden: one question on the border wall. border wall money was appropriated for border wall. i tried to get them to reappropriate, redirect that money. they didn't, they wouldn't. meantime there is nothing under the law other than they have to use the money for what it was appropriated before. i can't stop that. >> do you believe the border wall works? president biden: no. larry: there you go, there you go. mayorkas and other administrative people are harping on the need, i love this, to waive 26 federal laws, 26 federal laws, including the clean air act, safe drinking

water act and endangered species act. imagine that, laws. now one federal law that they're not worried about breaking is the law that protects our borders by preventing illegal entries. or, the laws that protect american sovereignty. they have been breaking those laws for three years. i don't hear anybody talking about that. meanwhile in an intin view with our brooke singman from fox digital, i will quote, biden sees our country being invaded. what about the 15 million people from prisons, mental institutions, insane a aisle sums, terrorists that have already come into our country, unquote. untruth social the former president demanded an apology. good luck on that, sir. mr. trump repeated that biden has to reinstate remain in mexico and title 42 in order to get serious about closing the

border. the former president built close to 500 miles of the new border wall. the whole thing could have been finished by now if biden had any horse sense. mr. trump supports catch and deport to go along with remain in mexico, title 42 and completed wall and if joe biden met those conditions, things would be a lot different but no matter what phony election cycle promises biden is making the reality is, the biden democrats remain in favor of open borders. nothing is going to change that, period. all right, just a few pearls of wisdom. joining us now florida congressman byron donalds and texas congressman troy nels. gentlemen, thank you for coming on, mr. byron donalds, i'm a cynic, i don't believe a word of it. less than 20 miles.

it is really going to help some kind of entry points and babysitting and registration and if they were serious think would have done this three years ago, what do you think about this new announcement? >> this announcement has come out, larry, simply because the president's poll numbers suck. everybody knows our southern border is a mess. you have the mayor of new york, eric adams is planning to go down to do something the president hasn't done, see the southern border in person, actually look at it. so this white house is reeling. they have to respond to the political damage they have caused, the actual damage that they have caused and they're going to throw this fig leaf but there is significant work that needs to be done at the southern border. republicans in the house have a plan for that. it is hr.2. it is sitting there anytime for the senate to take up anytime they want to. as we go through government appropriations border must be secure, not 20 miles joe biden is talking about, all the fixes

in hr.2. larry: mr. troy nels, welcome back. hr.2 is very powerful piece of legislation tied to appropriation. i don't hear the bidens embracing that. i don't hear senate democrats, chuck schumer democrats embracing that but you know, troy, here is my other thought, if they were serious about a real, about face, okay, look, i politicians, they change their minds, if they were serious they would talk about title 42, they would talk about remain in mexico, they would talk about truly across texas border wall, you know, finishing what trump started and so forth, so on. they would be talking of the language of closing the borders and protecting our sovereignty, congressman nehls, i'm not hearing that language. am i missing something? >> you're note hearing that language because what he just said was exactly what trump did

and trump's border policies we had the most secure border in my lifetime but on january 20th, when joe biden took office, he reversed them all. he knew it wasn't good for america, he knew that it wasn't good for america because he did it because he hates donald trump. he flipped everything on its head. now it is campaign season, folks. remember we got an election coming up in 2024. his poll numbers are in the toilet, in the toilet. there are a few people whispering in his ear, saying joe, you better do something about the southern border because the american people are paying attention. you're losing your own conference. even senator manchin said build the wall. we've got problems. so he is going to have to do something if he wants to be the nominee and eventually try to be the next president but i think it's too late. it is about damn time this congress and the american people are paying attention because it's destroying our country. you want to fix the border

problem, go right back to donald j. trump's policies. i loved it when you played joe biden sitting on that chair looking confused when they asked him do border walls work? he said no. i hope somebody asks him on the stage in the 2024 campaign against donald trump. because donald trump will win the election on that comment alone. larry: byron, that's why i don't believe a word of this change or about-face or hr.2, catch and deport, any of the things, remain in mexico. i don't buy any of it, haw about this byron, byron, he should apologize to donald trump. mr. trump asked for an apology because mr. trump has been right all along. byron, when do you think that apology from president biden to donald trump is going to take place? do you think that will be soon, the apology? >> man, i wish it were. i wish i would actually do the right thing.

i think that would come after the 2024 elections when he goes down to just a terrible defeat. and frankly joe biden deserves to be defeated. nothing is working right. we're talking about the border but everything is going wrong. he is the master of disaster, joe biden, he has got to be defeated. it is just that simple. larry: were you a official, a border official before you came into congress? >> no, i was a county sheriff about four hours north of the border. larry: right. >> begg county. i had people in my county killed by illegals, not just illegals but ones that have been deported, six, six previous times. we got a southern border crisis. joe biden you own it. yes, not only should he not get reelected but he should also be impeached. larry: well you know, they talk about, it is so interesting to me, mayorkas and others talk about how they're going to have to violate certain laws like endangered species act like that is the most important thing we

should worry about the at the border. endangered species act. endangered species is the law and order. and clean water. one thing they don't talk about, mr. nehls, is closed borders, american sovereignty, immigration laws being broken on daily basis. my pal mark levin was on this show two nights ago talking about that. that could be impeachable offense. they're not talking about those laws. that is one of the things this sounds so phony, troy. >> it is. governments are doing what they can to augment the border patrol. texas, we're sending dps troopers, national guard to do what we can to secure the texas people. when you have this administration, you have their attitude, this is borderless, borderless by design. my book is coming out, borderless by design. this is about votes in the

future. that is what this is all about. it is by design. larry: byron donalds talk to us if you would, please, about hr.2, what is in it, why it could solve the border problem? >> well we do a couple of things in that bill. number one, we actually reinstate border agents ability to make determinations of credible fear. we do not allow people to claim asylum at the southern border or illegal points of entry. they have to do that in the nations they're in or at a country with the nearest consulate or embassy. we would stop the use of the cpb-1 act. that is an act they're using in the administration to basically put the asylum process on uber eats. you can file for asylum wherever you want to and just show up unannounced. it gets rid of those three things. it puts cap on number of asylums that can be triggered triggeredr into our country. it actually put as number, a limit on bed spaces available,

all common sense things so that people who want to come to our country through asylum or any other process it's orderly, not just for those people but it is orderly for the country to accommodate and a simulate those people into our states and into our cities. the joe biden plan is no plan. it is pure chaos and disaster. that has to be completely undone. hr.2 can do that. larry: troy nels, we'll get a change in leadership for the house republicans, i get that, but hr.2 will be a key component i hope of future budget negotiations when push comes to shove in middle of navy? the democratic senate may not like it but can we count on republicans to push hr.2 hard because that would be an ultimate solution i think for the border crisis? >> yeah. we did and we did pass hr.2 in the republican conference. we got 219 votes. it passed.

we sent it over to chuck schumer. we know he will not do anything about it. he will not do anything with the conservative bills we're passing in the house of representatives. i don't think he will work with us at all. we need, tell you larry, want to fix our country, we need the white house back in 2024 and you know who i my guy is, donald j. trump. larry: gentlemen, thank you very much. mr. byron donald, great state of florida. mr. congressman troy nehls of texas. thank you for coming on, appreciate it. all right, folks here on "kudlow," trouble with the bidens among other things, one trouble with the bidens they want less energy at home and less energy abroad and i can't figure, you can't grow the economy without more energy. i don't get it. we'll talk about it with former secretary of state mike pompeo. please stay with "kudlow." let's have some border order. ♪.

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fighting for the america i love wrote. mr. pompeo, good to see you again. i heard you gave a barn-burner at harold hamm's conference, must have been oklahoma or could have been texas, but basically i was reading your remarks in "breitbart," mike. basically the bidens want less energy, period. now that is mostly weighted towards no fossil fuels but they want less energy at home and less energy abroad and i am trying to figure out how you can grow economies or power economies without energy, mike pompeo, so please help me out here? >> larry, it's crazy. you and i both worked in the trump administration. i worked on national security. you were working on energy and domestics policy. they are to intertwined. you can't grow the american economy and can't keep the american people safe without affordable energy. talk about renewables.

people just want affordables, right? they want to cool their lights on, cool their homes in the summertime and wintertime and consistent with their family budget and this administration has destroyed that opportunity. they have destroyed the strategic petroleum reserve. you is now at its lowest levels in decades. they made it impossible to drill on federal lands. they made permitting a pipeline is nearly impossible. they have done all the things that drive cost. larry, you were talking a little bit about america's debt, $33 trillion, you have to reduce spending but you have to grow this economy to get that $33 trillion back under control and you cannot do that without an independent energy policy from the united states of america where we are dominating the global space. we can do it. it is underground. it will create tens of thousands of jobs. it is good for america. we got to get back to that. we had it right for four years, larry. they have now blown it all up. larry: you say in this speech and interview, really important thing, i harp on this a lot,

rick perry harps on this a lot on the show, mike, this crazy energy policy which is a no energy policy, this helps china, this helps russia. it doesn't help the united states and it doesn't help our allies. another thing, mike, just recently, so saudis and the russians with wednesday wednesday and iran, other -- venezuela and iran otherwise known as opec plus. at one point it got back to 100 bucks. it is a little slower now. the reality we're helpless. we're like a paper tiger with this goofy energy policy. here we go again, damaging national security abroad and economic security at home. >> you nailed it, if you shut in american energy by denying capital providers the chance to invest and get a return on their capital to build out lng terminals and export facilities and all the pipelines, when you

shut that down we are in for a long run where america is at the mercy of the rest of the world for its energy. that is tragic. it doesn't have to be. we know how to get this one right, larry. there are problems that are complicated and tradeoffs. there is no tradeoff. if you want a cleaner world, don't send your energy to be burned in china. don't manufacture it there with coal that's polluting the world. if you really think climate change is problem, make it in america, make it with american energy, it will be cleaner and safer and americans will be able to afford the products and we'll create a lot of jobs too. it will be great for the american economy. we can grow this thing again but american energy will be the center of it. larry: bidens will kill million jobs in the car market, mike. electric vehicles and batteries will be made in china. i don't always side with the uaw, particularly the leadership which tends to be very left-wing democrat but the reality is, because of this green new deal stuff and electric vehicles and

the end to gas-powered cars, but this is all part of the same, less energy, war against fossil fuels, they will knock out a million jobs. you know the car workers union or non-union, mike and the knock-on effects. people that work in diners, in office buildings and gas stations and you name it, you will knock out a million jobs. they don't tell you about that in all their press releases and all the campaign speeches, they don't tell you about that. >> no, that's right. a couple of facts, larry, right, this economy is driven whether that's plastics, whether it's farmers in state of kansas who have fertilizers that is energy based we need affordable energy produced hire at home in america. i know this sun comfortable for some to hear i predict 10 years from now, 20 years from now, as a world we'll consume more fossil fuels now 10 years from now today as we're sitting here. the world will be dependent on affordable energy for a long time. we ought to produce it here at

home. we will create source and scores of american jobs and do a lot of good for the economy as well. larry: it is an important point, like it or not the bidens will lose this battle, the point rick perry makes, if we can sell more lng, that means we have to build more lng production facilities, what not, pipelines, sell more lng to asia, china, india, they would be less reliant on coal, that would make it a cleaner world. the bidens can't figure this out. two plus two equals four but they can't get that. you follow the logic? lng is a important aspect. i interviewed our former boss on this show, i don't know a month or six weeks ago, we were all out there selling lng which is really a key solution that the bidens can't stand. >> all across the world we're out there selling american product, affordable american energy through lng. if you think it is good for the economy, great. if you don't believe it, if you

have a climate fixation you should want that too. the reason the united states has been able to control its carbon output, whether we made such a big transition in that isn't because of solar and wind. it is almost exclusively we have transitioned out of more carbon producing intensity and fossil fuels to natural gas, that is great transition, whether climate change or growing the american economy. a good thing for america, good thing for the whole world and american security, larry. larry: mike pompeo, distinguished former secretary of state. put his book, please up on the full screen again. i love to sell books, particularly pompeo's books. there its, "never give an inmuch quote. keep pounding away. >> thank you, larry. bless you. larry: bless you too. coming up here, folks, the fbi is targeting trump supporters and voters according to a big story in "newsweek" magazine? we'll going to talk about it with joe concha and mark simone. then socialist aoc wants another

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♪. larry: well, there they go again, why is the fbi targeting trump supporters and voters? a brand new story in "newsweek" magazine. it is about 20 pages long. joining me to talk about it mark simone, wor radio host, joe concha, media politics columnist for the messenger and fox news contributor, author of here i go, the truth of about joe biden's terrible, horrible, no good very bad presidency. i like saying it. this is a story in "newsweek," about 20 pages long a new campaign, they don't say maga.

anti-government, anti-authority, violent extremists, agave, fbi is looking for them all over the place. the sources here are admittedly anonymous sources they say it is aimed at the trump people. what due think, mark simone. >> a technique that goes back to the french revolution. you create a demon to rile up the mob they have to be afraid of. they always do this. it was the neocons at one time. it was the tea party. you had to be afraid of the tea party, they were extremists. you would see video of them, couple of senior citizens at a state fair with signs. it is absolutely ridiculous. just trying -- larry: do you think it is true what they're saying? >> oh axe shootly. larry: you think it is true? >> biden without corrupt media he wouldn't get out way request it. call him police state joe, everything is a police state here. larry: joe concha, you know, robert ray, the fbi director, is that his name, robert wray, he

swore up and down to jim jordan in judiciary committee hearings there was even-handed justice. fbi was not involved in politics. >> sure, yeah. we've seen this movie before. i'm glad mark brought up the tea party, right? the irs obviously targeted them. we saw this during the obama administration. then obviously we saw during parents meetings at school boards, right, where the doj then labeled them potentially domestic terrorists. so is this possible? here's all i know. fbi is supposed to be apolitical. so is the cia, the dni. who ran the fbi under obama-biden in james comey, right? since then he has written go anti-trump books, got a showtime series. he exposed himself where he leaned. obviously john brennan ran the cia. he is over on msnbc right now. i can't tell the difference between him and keith olberman and his analysis. was he apolitical. another big contract, his role to go on there to bash trump. by the way, brennan and clapper,

been hired back at the biden administration to serve on board of dhs. larry: clapper who lied several times under oath before congress, just lied, outright lied. >> right. larry: this has legs. you think this story has legs, whatever robert wray happens to say. so speaking of congress, we've had a little bit of upheaval on the republican side, mark simone. >> yeah. larry: who are you barking for speaker? who are you personally backing for speaker? >> donald trump would be great but that will not happen. i think i just saw him on this program. byron daniels,. larry: byron donald. >> byron donalds. remember if the republicans had first african-american speaker of the house. imagine what would that do -- larry: really smart guy. super smart guy. >> wonderful guy. just doing that, would have a lot of effect on the election next year. larry: president trump is going down to speak to the republican conference on tuesday. >> yeah. they need a coach. they need a vince lombardi on

the field to whip them into shape and that will be donald trump. larry: joe concha, vince lombardi, i remember vince lombardi. >> from new jersey, coached high school. larry: engle wood cliffs. saint cecilia parochial school. >> now you're showing off. larry: we're distracting here. steve scalise is running. jim jordan is running so far. byron donalds may be running. it is a very interesting pick mark simone make. what do you think? >> here is what i want selfishly from entertainment perspective, i wrote about it with messenger.com, make donald trump. picture state of the union address, kamala harris. biden talking about "bidenomics," how board is secure, everything going at the end of speech he rips it half. in next day, running impeachment

against his 2024 opponent. if that doesn't do wonders, always the top-rated show. you get five million a night if this happens. selfishly i want that to happen. i see byron donalds, i see how he does it. v interviews. not afraid to go anywhere, cnn, msnbc, doesn't matter, you need somebody fearless and can move the ball forward. larry: i said this last evening, liberal media is running wild, republicans can't govern, republicans are stupid, republicans this, republicans that, basically a handful of people shouldn't have done what they did but i see a republicancom back. they will find a speaker. they have a strong bench. they have got good policies. they're determined -- we just heard hr.2, the border control bill, biden's phonying up some border regulations now, they will push that bill. they will be tough on ukraine. they will be tough on spending. they want to open up the fossil

fuel spying got. why can't republicans in congress and house make a comeback and put real heat on the left-wing democrats in senate, schumer democrats? >> messaging, too. border is open, shoplifting is legal. first order of government, safety of the border. jim jordan would be another good choice. he would have to get a jacket. larry: his hat is in the ring. he never needed a jacket. he never had one before. >> about impeachment, you need a wartime counselor,. larry: what do you think? republicans can have a comeback. that is all i'm aiming for here. >> of course i hand. news cycle. mccarthy thing has been swept out to sea because the biden administration building a border wall. larry: what do you think about that? is this biden capitulation, will biden apologize to trump frum. >> you would need remorse in your dna this president doesn't

have that. no apology. needs remain in mexico if he wants to truly do something. larry: that is exactly right. put in title 42. are you waiting for joe biden apologizing to donald trump. >> joe biden has no intention of building a border wall. this is election pandering. larry: 1miles, they will do. not even 20 miles. 17 miles for this border wall. >> do what he does, just talk, talk. larry: mark, they have to overturn the endangered species act in order to complete this wall. is that a bone chubber or what? >> solar powered wall with windmills on it. >> will they call the wall racist now that biden is building 17 miles. larry: tomorrow's headline. >> can't wait for it. larry: you heard it here first, mark simone, joe concha, whatever they said you herd it hear first. grover norquist, president of americans for tax reform. grover i need major help here, i want to talk about the your article in "the wall street journal" that the government spends too much money but before we get to that,

my favorite socialist aoc wants to raise my taxes in new york, again, grover. i'm already paying well over half of my earnings to her and i don't like it one bit. what do you make of that? socialists will never stop, grover norquist, help me out here. >> okay. well, i think "the wall street journal" answered your question, move to iowa. iowa has decided they will phase their income tax down to zero and they have an incredible team. kim reynolds the governor, jack wit the senate leader, dan dawson ways and means committee, pat grassley the speaker working to face that income tax down to zero. what a message for republicans running for president. you show up in iowa, what have they been doing in iowa last several years and committing to do in the future, phase the state income tax down to zero, cutting corporate rate down in half. when you go to new hampshire for the next election what are they

doing? their income tax is phased down to zero in a-year 1/2. and then so south carolina, the governor said, we're taking our income tax down to zero. they're right next to north carolina which is going to zero. they're right next to florida which is at zero. they have begun the process in south carolina of going down to zero. this is the opportunity to educate all of our presidential candidates about where the republican party's head is. these are all republican states. these are all red states. they're taking their income taxes down to a flat rate and then to zero. larry: by the way, governor kim reynolds will be on the show tomorrow to talk about her lower tax rates and flatter tax rates. grover talk to me about this spending. you have a article in "the wall street journal," what is it, yesterday? the data proves government is spending too much. you know what is amazing about this article, the government has spent so much money it is way beyond population and it is way beyond inflation. they're spending at all levels

of government and i kind of like the way you compared it you know, to a normal cost of living increase in a population increase. there is no boundary to government spending. >> yes. one of the challenges we have the americans for tax reform, the group i run, we do the no tax increase pledge. almost all republicans house, senate, governor, president, senate, state legislators take the pledge and keep it, say we're not raising taxes. the question what do you do on spending? you can't have a pledge on spending with a number, numbers change every year. what we put together is a study of all 50 states. dan helped put together the numbers and structures that says basically how are states doing this year and over the last 10 years, are they growing state government spending faster than your paycheck goes up, population plus inflation? or not as fast. if we can stay under that line, government becomes less painful.

if you're over that line like the blue states all are, it becomes more and more painful and they raise taxes. we'll every year put out the information for state legislators to make sure if you stay under this line, you're not becoming more painful to your citizens. larry: terrific. grover norquist, americans for tax reform. thank you ever so much, appreciate it. first up radical prosecutors in new york want to take president trump's businesses away. now they want to gag him from talking about it. we'll talk to trump attorney alina habba, fresh from the courtroom on set. stick around. catch "kudlow" monday through friday 4:00 p.m. every day here on fox biz. if you can't catch us at 4:00, text your favorite nine-year-old, she will show you how to dvr the show. you will never miss a tax hike ever. i'm kudlow. hate taxes.ie

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left-wing judges versus trump and a left-wing attorney general versus trump. joining me here is trump attorney alina habba who was in the courtroom today. alina, thank you for coming on. >> thank you. larry: they have already, the judge already make a decision with respect to the trump assets and properties? tell us about that, because he has no right to take away one's life's earnings? >> we're seeing all legal excess seven bounds being broken at this moment. the judge did do that, before even walked into court. i want the american people to understand this. the judge already ordered, trump organization, affiliated companies, even his trust he dissolved that was ordered before we walked into the courtroom, before an expert took the stand, before anybody took the stand and before my clients could ion take the stand to defend themselves. he summarily ordered that. that is something that, breaking news we will be appealing and that will be filed tomorrow.

larry: you're going to file the appeal tomorrow and the appeal will go up to the state court of appeals? >> it will go -- larry: might have more to do with the law than this superior court judge? >> yes. larry: maybe. >> not going -- larry: i know, i know. i don't want to get you into trouble. i don't want to send you to like is island. i don't want to send my former boss trump to rikers island. >> that is not happening. larry: there are some people say idea of seizing businesses, seizing assets, seizing business property, is clear violation of 14th amendment. strong legal case there. >> right. look you have business people that are watching your show, your show is amazing let's think about the precedent this will set in the state of new york. people in new york should be worried. if we're saying that the attorney general can leap and dive into private businesses, private enterprises because they are using a consumer fraud application in a private business, that is a very concerning and very serious

issue for businesses in the state of new york. that has never been done before. larry: who is the victim here? >> there is none. >> not the banks. the banks were paid off. there is no consumers. trumps own the properties. by the by, we covered this on this show, a great, couple of good "new york sun" articles of all places, the difference between a tax assessment of a property versus a market property valuation -- >> that's right. larry: is night and day. why doesn't this judge get that? >> well i don't know because another point is the tax assessor who actually on mar-a-lago, everyone knows this, judge said mar-a-lago, the tax assessed value of mar-a-lago of 18 to 20 million is what the value should be on statement of financial condition, he put it higher. frankly it was not high enough. mar-a-lago is almost worth about $2 billion. this guy is saying this is the value that should be used. that is what we're appealing tomorrow, along with everything else in there. even the tax assessor and the

department in palm beach came out and sold "the sun," guys, sorry, the lawyers were right. that is tax assessed value, not market value at all. it is a very basic concept -- larry: south florida realtors laughed at that 18 million-dollar assessment. >> you can't get anything in palm beach proper for $18 million. a shoe box. larry: i understand that. what about this gag order that the judge has imposed? i hold a peculiar view of first amendment, bill of rights, free speech. >> right. larry: i don't, a lot of people, i won't say every person but many people believe this is a socialist, state attorney general, who ran against donald trump, trump was not on the ballot but she ran against him any way before this happened. this judge made disparaging remarks against former president trump. now they want to gag the president. i don't know they want to gag you, get you in trouble? >> no, i was also gagged.

it wasn't per se for me but i represent the president. a gag order is effectively silencing your right to free speech and we did, you know, explain that but the reality of the situation is, the judge here has done and will do what he wants. it is a bench trial as we know. under 6312 we were not entitled to a jury. we're stuck with this, dealing with going to the appellate division every time there is something we don't agree with. you know we'll continue to fight like we always do, keep going up the ladder. it is a very serious precedent. jack smith, we haven't seen this. to do that to a president and sitting candidate who is leading in the polls because of political opponents you know minion frankly is coming after him is a problem. that's a problem, again, scary precedent. a lot of things happening in this courtroom in a civil equitable court decision that shouldn't be happening. larry: i had the impression, just last point. >> yeah. larry: the trump legal team was

cross-examining these accountants and the judge didn't want them cross-examined. can you give us a brief summary of that. >> sure. we've been going back and forth in court about going through every single statement because, number one, we're not supposed to be looking at this many statements because there is something called statute of limitations. his position is, no, we can let it in and it will go in and we objected as all the press has reported. and we're going to continue to do so. then he said, no you have to summarize it, summarize it. well we can't. you know you have to have your day in court, this is the problem that we're seeing. they had three years, three years of investigations, thousands, millions of pages. i've been on this case for multiple years and then we go to court and we're going to rush? i don't think so. i don't think so. larry: do these accountants actually, i was reading in the "new york post" this morning, it didn't sound like they were actually making a valuation

case. it was more narrowly defined tax appraisal case. maybe i didn't understand that. >> the attorney general's office? larry: well the attorney general's office, even the accountants that you were interviewing on the legal team? >> look, the accountants, now, let's remember what happens here in real practical -- larry: they're just accountants. >> they're accountants, but what happens. the attorney general goes starting investigating them, freaks them out, tells them they will bring sec violation, they freak out and desist. we've seen happen with the d.a., ags working together in new york. don't forget this started with bragg. he didn't brit case. we have this attorney general, frankly the case in my opinion is falling apart. larry: falling apart. alina, thank you for your time. we appreciate it. you have to go back down there tomorrow? >> yes, sir. larry: good luck on that. >> thank you. larry: right when you get work. alina habba, mr. trump's attorney. thank you so much. we appreciate it. i'm kudlow. we'll be back in my last word. i have complete freedom of

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larry: stop gagging president trump's free speech and patch and border wall will stop all them. more in the south and third, watch liz macdonald.