♪ ♪ larry: hello, folk, welcome to "kudlow."

i'm larry kudlow. after allowing roughly 5 million wage-cutting, rent-spiking, law-breaking, sex and drug-trafficking, terrorist-threatening illegal migrants to come across an open border since january 2021, president biden and his dhs secretary alejandro mayorkas have now decided, wait for it, wait some more, they've decided that donald trump was right all along. build that that wall. sort of. remember this from just a couple years ago in take a listen. >> trump campaigned on build that wall. are you willing to tear that wall down? >> no, i'm -- there will not be another foot of wall constructed in my administration, number one. number two, what i'm going to focus on, and you're -- 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's

going to be based on making sure that we use high-tech capacity to deal with it. and at the ports of entry, that's -- >> reporter: [inaudible] larry: well, anyway, that was a campaign promise. but 5 million illegals later, mr. biden's 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 assisted border authorities to babysit the illegals as they cross into the u.s. but what half the democrats concern with half the democrats in some kind of revolt against the illegal invasion of america, joe biden is desperately trying to put out a big political fire. i don't really believe a word of this stuff. yesterday the dhs inserteded the following: there is presently an

acute and immediate need to construct physical barriers and roads in the vicinity of the border of the united states in order to prevent unlawful entries into the united states. hurt. so hold up. does biden agree with his own dhs that we need to finish the wall? no, of course not. no, it's t all phony media stunt. here's some more proof. listen to this and weep. >> i'll answer one question on the border wall. the border wall, the money was appropriated for the border wall. i tried to get them to reappropriate, redirect that money. they didn't, they wouldn't. and in the meantime, there's nothing other to the wall -- >> reporter: do you believe a border wall worksesome. >> no. larry: well, there you go. there you go. anyway, mayorkas and other administrative people are harping on the need, i love this, to waive 26 federal laws including the clean air act, safe drinking water act and

endangered species act. imagine that. laws. now, the 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 americans' sovereignty. they've been breaking those laws for three years. i don't hear anybody talking about that. meanwhile, in an interview with our brooke singman of fox digital the, former president trump said e and i will quote, biden sees our country as being invaded? what's he going to do about the 15 million people from prisons, mental institutions, insane asylums and terrorists that have already come into our country? end quote. and on truth social, the former president demanded an apology. good luck on that, sir. and 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, and 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 and title 42 and a 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 nehls. gentlemen, thank you for coming on. mr. byron donalds, i'm a sin isic, i don't believe a -- cynic e, i don't believe a word of it.

less than 20 miles. it's going to help some kind of entry points and baby sitting and registration. and if they were serious, they'd have done this three years ago. what do you think about this new announcement? >> this announcement's 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 has never done, which is see the southern border in person and actually look at it. and so this white house is reeling. so they have to respond to the political damage they've caused, the actual damage that they've caused, and they're going to throw this fig leaf. but there's significant work that needs to be done at the southern border. house republicans have a plan for that. it's called h.r. 2. it's sitting there for the senate to take up anytime that they want to. we are committed that as we e have to go through government appropriations that the border must be secured. not this 20 miles that joe biden's talking about, it's all the fixes in h.r. 2.

larry: mr. troy nehls, want to pick up from byron, h.r. 2 is a powerful piece of legislation. i don't hear the bidens embracing that. i don't hear the democrats, chuck schumer and the democrats, embracing that. but, you know, troy, here's my other thought. if they were serious about a real, you know, about face, okay in and, look, politicians, policymakers can change their minds, but if they were series, they would -- serious, they would be talking about title 42, they would be talking about remain in mexico, they would be talking about a truly across texas border wall, you know, finishing what trump started. and so forth and so on. they would be talking the language of closing the borders and protecting our sovereignty, congressman nehls. i'm not hearing that language. am i missing something? >> yeah, you're not hearing that language because what you just said was exactly what trump did,

and trump's border policies we had the most secure border of my lifetime. but on january 20th when joe biden took office, heerer stressed them -- reversed them all. he knew it wasn't good for america, but he did it because he hates donald trumpment he flipped everything on its head. but now it's campaign season, folks. remember, we got an election coming up in 2024. his poll numbers are in the toilet. in the toilet. and there are a few people, you know, whispering in his ear saying, joe, you better do something about this southern border, because the american people are paying attention. you're losing your own conference. even senator manchin said build the walsh we've got problems. so he's going to have to do something if he wanting talk about the nominee and eventually try to be the next president. but i think it's too late. and it's about damn time that 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. and 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 that on the stage in the 2024 campaign against donald trump, because donald trump will win the election just with that comment alone. larry: you know, byron, that's why i don't believe a word of this change or about face, and i don't hear them talking seriously either about h.r. 2 or, you know, catch and deport, think of the things, remain in mexico. i just don't buy it. any of it. how about this, byron? you and i, we could -- he should apologize to donald trump. mr. trump asked for an apology because mr. trump has been right all along. now, byron, when do you think that apology from president biden to donald trump is going to take place? do you think that'll be soon, the apology? [laughter] >> man, i wish it were. i wish he actually would do the right thing, but i think that would probably come after to

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

border, the endangered species act. the endangered speedos cease down -- species down at the border is law and order. the one law they don't talk about is closed borders, is american sovereignty, is immigration laws that are being broken on a daily basis. my pal mark levin was on this show two nights ago talking about that. it could be an impeach impeachable offense. they're not talking about those laws. and that's one of the reasons this thing sounds so phony to me, troy. >> it does. and i'll tell you, governor abbott and other governors are doing what they can to augment the border patrol. texas was sending dps trooper, our national guard to do what we can to secure the texas people. but when you have this administration and their attitude, we know this is borderless, it's borderless by design. my book's coming out, borderless by design is, because this is about votes in the future.

that's what this is all about. it's by design. larry: byron donalds, talk to us, if you would please, about h.r. 2. what's in it and why it could solve the border problem. >> well, we do a couple of things in that bill. we actually reinstate border agents' ability to make determine neighs of credible fear. we do not allow people to claim asylum are at a illegal ports of entry, they've got to do that in the nations that they're in or at a country with the nearest consulate and/or embassy. we actually would stop the use of the cpb one app. that's an app that they're using in the administration to basically put the asylum process on uber eats. you can just file for asylum wherever you want to, then just show up unannounced. it gets rid of those three things. it if out -- it puts cap on a number of asylums that can be triggered in a year for our country, it actually puts a 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's orderly for the country to accommodate and assimilate those people into our states and into our cities. the joe biden plan is no plan. it's pure chaoses and disaster. that's why it's got to be completely are undone. h.r. 2 can do that. larry: and, troy, we're to going to get a change in leadership for the house republicans, i get that. but h.r. 2 will be a key component, i hope, of future budget negotiations whenever push comes to shove in the middle of november in the senate, the democratic senate may not like it, but can we count on republicans to push h.r. 2 hard? because that would be an ultimate solution, i think, for the border crisis. >> yeah, we did. and we did pass h.r. 2 in the republican conference. you've got 2019 votes, it

passed. we sent it over to chuck schumer, but we know he's not going to do anything about it. he's not going to do anything with the conservative bills we've been passing in the house of representatives, and he's going to work with usual -- us at all. we need the white house back in 2024, is and you know who my guy is, donald j. trump. larry: gentlemen, thank you very much. mr. byron ronalds -- donalds, great state of florida, congressman troy nehls of texas, thank you for coming on, appreciate it. coming up on "kudlow," trouble at the bidens, among other things, is 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. so we're going to talk about it with former secretary of state mike pompeo owe. please, stay with "kudlow." let's have some border order. ♪ ♪

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larry: so you can't grow the economy without energy. the bidens want less energy here at home and abroad. joining us now to talk about it, we welcome back mike pompeo, distinguished former secretary of state, fox news contributor and author of "never give an inch: fighting for the america i

love." mr. pompeo, it is good to see you again. i heard you gave a barn burner down at harold hamm's conference. must have been oklahoma, could have been texas -- [laughter] but basically, i was reading your remarks in breitbart, mike, and as i -- i mean, 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'm trying to figure out how you can grow economies or power economies without energy, mike pompeo i owe. so please e help me out here. [laughter] >> larry, it's crazy. you know, you and i both worked in the trump administration. i worked on national security, you were working on domestic and energy policy. they are so closely entwined, you cannot grow the american economy, and you can't keep the american people safe without affordable energy. there's all this talk about renewables. people just want affordables, right many they want to turn their lights on, they want to

cool their home in the summertime and heat in the winter time and do so in a way that's consistent to their family budget. this administration has destroyed that opportunity. they've destroyed the strategic petroleum reserve, it's now at its lowest levels in decades, they've made it impossible to drill on federal lands, they've made permitting a pipeline nearly impossible. they've done all the things that drivecrosses -- costs. and, you know, larry, you were talking earlier in your show about america's debt, $33 trillion. you have to reduce spending, but you've got 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's the underground. it will create tens of thousands of jobs. it's good for america. we've got to get back to that. we had it right for four years, larry, they've now blown it all up. larry: and you say in this speech and interview a really important thing. i harp on this a lot, rick per arely harps on this a lot --

perry harps on this a lot on the show. this crazy energy policy which is really a no energy policy, this helps china. this helps russia. it doesn't help the united states. and it doesn't help our allies. and the other thing, mike, just recently, okay, so saudis and the russians with venezuela and iran, otherwise known as opec+, cut back on production, drive the oil price up. at one point it got back to nearly $100. it's it's it's a little slower now. but the reality is we're helpless. we're like a paper tiger because of this goofy energy policy. here we go again, damaging national security abroad and economic security at home. >> no, 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 up 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. it doesn't have to be. there are problems that are complicated and there are trade-offs. this one, there's no trade-off. 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 a 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. we can grow this thing again, but american energy has to be at the center of it. larry: bidens are going to kill a million jobs in the car business, mike. you know, electric vehicles -- >> yeah. larry: electric vehicles and their batteries will be made in china. and 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're going to knock out a million jobs. you know, the car workers, union and non-union, mike, and then the knock-on effects, people that work in diners, in office buildings and gas stations, you're going to knock out a million jobs. of they don't tell you about that in all their press releases and all the campaign speeches. [laughter] they don't tell you about that. >> no, that's right. a couple facts, larry, right? this economy is driven whether that's plastics, whether it's the farmers in the state of kansas who have fertilizer that is energy-based, we need affordable energy produced right here at home in america. and i know this is uncomfortable for some to hear, but i predict that 10 years if from now, 20 years from now we will consume as a world, we'll consume more fossil fuels 10 years from now than we did just today as we are sitting here. the world is going to be dependent on this affordable energy for a long time. we ought to produce it here at home. we'll create scores and scores

and scores, millions of jobs and do a lot of good for the american economy as well. larry: you know or it's an important point. like it or not, the bidens ooh are going to lose this battle, but a point rick perry makes. if we could sell more lng, and that means we've got to build more production facilities and what not, pipelines, we could sell more lng to asia, to china, to india, they'd be less reliant on coal, and actually that would make it a cleaner world. but the bidens, they can't figure this out. it's like two plus two equals four, but they can't get there. lng is such an important aspect. i interviewed our former boss on this show, i don't know, a month or six weeks ago, and he was talking about the how we were all out there selling lng which is really a key solution that the bidens can't stand. >> all across the world we were out there selling american product, affordable american energy through lng. if you think it's good for the economy, greacht. 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 when we made such a big transition isn't because of solar and wind, it is almost exclusively because we have transitioned out of more carbon-producing intensity fossil fuels to natural gas. that is a good transition. it's a great way to go whether you're climate change or growing the american economy. it is a good thing for america and a really good thing for the whole world and american security too, larry. larry: mike pom mike pompeo, put his book up on the full screen again, i love to sell brooks -- books. never give an inch. mike, keep pounding away. >> thank you, larry are. bless you. larry: take care. bless you too. coming up here, folks, the fbi is targeting trump supporters and voters according to a big story in "newsweek" magazine? we're going to talk about it with joe concha and with mark simone. and then socialist aoc wants another tax hike here in new york. now, folks, he's already taken

way over half my money, and i don't think it's to good purpose. but we will talk about that and why the government spends too much with grover quist of americans for tax reform -- grover norquist of americans for tax reform all when "kudlow" return.

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

viability extremists, but the fbi is looking for them all over the place. and the the sources in here which are admittedly are anonymous sources, they say it's aimed at the trump people. what do you think, mark simone? >> it's a technique that goes back to the french revolution. you create a demon to rile up the mob that they have to be afraid of, and they always do this. it was the neo-cons at one time and then it was the tea party. you had to be afraid of the tea party. then you'd see video of them, a couple of senior citizens at a state fair with signs. it's absolutely ridiculous. just trying to -- larry: but do you know it's true, what they're saying? >> oh, absolutely. larry: you do? >> it's more of biden weaponizing the doj. if it wasn't for corrupt media, he couldn't get away with this. they should call him are police state joe. everything is a police state here. march march joe concha, you kno- larry: joe concha, robert wray, the fbi director? is that his name? he swore up and down to jim

jordan in judiciary committee hearings that a there was even-handed justice. no, the fbi was not involved in politics. >> sure, yeah. we've seen this movie before, and i'm glad mark brought up the tea party, because the irs obviously targeted them during the obama administration. then obviously we saw during parents' meetings at school boards, right, where the9 doj then labeledded them potentially domestic terrorists: so is this possible? here's all i know, fbi's supposed to be apolitical. so is the cia, dni. who ran the fbi under obama-biden? james come maine -- comey. he's got a showtime series, written two anti-trump books, right? so he exposed himself for where he leaned. john brennan who ran the cia, he's over on cnn now. was he really apolitical? james clapper, signs with cnn, his role is to go on there and bash trump. brennan and clapper, they've now been hired back bay -- by the

biden administration to serve on the board of directors -- larry: i know, i saw that. clapper who lied several times under oath to congress. just lied, outright lied. so you think this stories has legs, whatever robert ray happens to say. so speak of congress, we've had a little bit of upheaval in the republican side, mark simone. >> yeah. larry: who are you backing for speaker? who are you personally backing for speaker? >> donald trump would be great but that's not going to happen. i think i just saw him, byron daniels -- larry: donalds. byron donalds was just on the show. >> imagine if the republicans had the first african-american speaker of the house -- larry: to -- ooh, i haven't heard that yet. by the way, he's a really smart if 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 vince lombardi on the field to whip them into shape,

and that'll be donald trump. larry: joe concha, vince lombardi, i remember vince lombardi. >> >> also coached high school basketball. larry: engelwood cliffs. >> that's right. larry: st. cecilia. actually was inglewood. >> now you're showing off. march lahr we are distracting. steve scalise, jim jordan's running so far. byron donalds may be running, with doe note -- we don't know. it's a very interesting pick. what do you think? >> here's who i want selfishly from an entertainment perspective, and that is if you make donald trump speaker e of the house -- larry: oh, no. >> picture the state of the union address, you have joe biden at the podium, kamala harris, and when biden's talking about how the border's secure or how great everything's going with the ukraine war, there's the trump faces. and at the end he takes the speech and writtens -- rips it in half. and the next day he's running impeachment against his 2024

opponent. this is already the top-rate show. you'll be getting 5 million a night. [laughter] so selfishly, i want that to happen. i'm be -- with byron donalds as a well. he's not afraid to go anywhere anytime, cnn, msnbc, i think you need somebody like that who's fearless and move the ball forward. larry: i'm saying, i said this last evening and i believe this, the liberal media now is running wild. republicans can't govern, republicans are stupid, republicans this, republicans that because of a handful of people that basically should not have done what they did. but i don't want to replay that. i say republicans come back. they will find a speaker. they have a strong bench. they've got good policies. they're determined -- we just heard h.r. 2 which is the border control bill, biden's phonying up some border regulations now. they'll push that bill. they'll be tough on ukraine, they'll be tough on spending. they want to open up the fossil fuel spigot. why can't the republicans in

congress in the house make a comeback and put some real heat e on the left-wing democrats in the senate? >> why not? it's messaging too. the border's wide open. shoplifting is legal, and they're saying the republicans can't govern? that's the first job of government is safety and the border. i think they will. jim jordan would be another good choice too. you'd have to get a jacket -- larry: his hat is in the ring. he doesn't these a jack everything t. >> you might knee a wartime con cigly yourly like in the godfather. he might be good -- larry: what do you think? >> jim jordan? larry: republicans can have a comeback. that's all i'm aiming for here. >> of course they can. the mccarthy thing's been swept out to sea by the fact that the biden administration is building a border wall now. larry: what do you think about that? is this a biden capitulation? will biden apologize to donald trump because he was right abou- >> you would need remorse this in your dna, and this president does not have that. he needs to reinstate remain in mexico as well.

larry: that's exactly right. they should put in title 42. are you waiting for joe biden to apolo ideas to donald trump? >> this is just election pandering. this is, he's trying to triangulate -- larry: 17 miles is what the report is, not even 20 miles. 17 miles for this border wall. >> he'll do what he always does, just talk, talk, talk. [laughter] but, mark, they have to overturn the endangered species act in order to complete this wall. [laughter] is that a bone-crush,er? >> it'll be solar-powered can -- >> is anybody going to call this wall race racist now? larry: tomorrow's headline. >> can't wait for it. larry: you heard it here first. mark simone and joe concha. joining me now is grover norquist, president of americans for tax reform. grover, i need some major help here. i want to talk about 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. >> well, i think "the wall street journal" answered your question, move to iowa. [laughter] iowa has decided they're going to phase their income tax down to zero, and they have an incredible team. kim rehold ins, the governor, jack whitford, the senate leader, dan dawson, who does the ways and means committee, and pat grassley, the speaker, all working together to phase that income tax down to zero. and what a message for republicans running for president. you show up in iowa, and what have they been doing for the last several years and committing to do in the future? phase the state income tax down to zero, cutting the corporate rate down in half. and then 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 and a half, and then the south carolina -- to 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, and they've got, they've 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 headed. 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 this show tomorrow to talk about her flatter tax rate. grover, talk to me about this spending. you got an article in the "wall street journal," what is it, yesterday? the data proved government is spending too much. you know what's amazing about this article, the government has spent so much money that it's way beyond population, and it's way beyond inflation. they're just 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 and a population increase. there is no boundary to government spending. >> yeah. one of the challenges we have is the americans for tax reform, the group i run, we do the no tax increase pledge, and almost all the are republicans take take the pledge and keep it and say we're not raising taxes. then the question is what do you do on spending. because you can't have a pledge on spending with a number. numbers change every year. so what we've put together is a study of all 50 states. helped put together the numbers and the structures, and it 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? and 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. so we're going to every year put out the information for state legislators to make sure if you stay urn this line -- under this line, you're not becoming more painful to your citizens. larry: terrific. grover norquist, thanks ever so much. we appreciate it. all right, folks, coming up, 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 will talk to trump attorney alina habba. she's fresh from the courtroom. she'll be right here on set, i hope. i'm kudlow. stick around, folks. remember, you can catch "kudlow" monday through friday, 4 p.m. every day right here on fox biz. if you can't catch us at 4, text your favorite 9-year-old, and she will show you how to dvr the show, and you will never miss a tax hike ever. i'm kudlow. hate tack it is -- taxes. ♪ ♪

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larry: all right, let's take a look at the the courtroom in downtown new york. donald trump on trial, civil is lawsuit. the issue is real estate market valuations versus tax valuations. oh, wait a minute, the issue is

left-wing judge ises versus trump and a left-wing attorney general versus trump. joining me here is trump attorney alina habba who was in the courtroom today. thank you for coming on. >> thank you. larry: they have already, did 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. >> well, i think we're seeing i all legal excessive bounds being broken at this moment. the judge did do that before we even walked into court. and i want the american people to understand this judge already ordered that the trump organization, all affiliated companies, even trust be dissolvedded. that was ordered before we walked into that courtroom, before an expert took the stand, before think about took the stand and before my client could even take the stand and defend themselves. so he summarily ordered that. that is something that's breaking news, and that'll be filed tomorrow.

larry: you're going to file the appeal tomorrow, and the appeal will go up to the state court of appeals? >> yes. larry: which might have more to do with the law than this superior court judge. maybe. [laughter] >> not gonna -- larry: no,ing i know, i don't want to get you in trouble. [laughter] i don't want to send my former boss trump to riker's island. >> no, that's not happening. larry: there are some people who say this idea of seizing businesses and seizing assets and seizing real estate property is a very clear violation of the 14th amendment. >> right. larry: strong legal case there. >> right. and, look, you have business people that are watching your show. your show's amazing. let's just 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 now leap and dive into private businesses, private enterprises because they are using consumer fraud application in a private business, that is a very concerning and very serious issue for with businesses in the

state of new york. that has never been done before. larry: who's the victim here? not the banks. the banks were paid off. there's no consumers, i mean, if you to owned -- trumps own the properties. by the by, we've covered this on our show, a 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, and everyone knows this judge, the tax assessed value of mar-a-lago at $18-20 million, whatever, is what the value should be. on his state of financial -- he put it higher. mar-a-lago's probably worth almost $2 billion, and we have this guy saying this is the value that should be used. that's what we're appealing tomorrow, of course, along with everything else. but even the tax assessor and the department in palm beach

came out and told "the the sun," hey, guys, sorry, the lawyers are right. that is not market value at all. it's a very basic concept, but, you know, we're having -- larry: and south florida realtors laughed at that $18 million assessment. >> you can't get thinking in palm beach proper for $18 million. i mean, a shoe box. larry: no, i understand that. what about this gag order that the judge has imposed? i mean, i hold the peculiar view of first amendment, bill of rights, free speech. 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 anyway before this happened. this judge has made disparaging remarks against former president trump. so thousand they want to gag -- now they want to gag the president. i don't want them to gag you, i don't want to get you in troubl- >> no, i was also gagged.

so 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 is the judge here has done and will do what he wants. it's a bench trial, as we know. under 6312 we were not entitled to a jury, so we are stuck with this and dealing with going to the appellate division every time there's something that we don't agree with. and, you know, we're just going to have to continue to fight like we always do and keep going up the ladder. i mean, it's a very serious precedent. nobody has done -- jack smith, we haven't seen this. and to do that to a candidate who's leading in the polls because a political opponent minion, frankly, is coming after him, 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 the last point, that the trump legal team was

crosses-examining these accountants, and the judge didn't want them cross-examined. can you just 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's something called statute of limitations. his position is, no, we can let it in, and it'll go in. we've objected as all the press has reported. and we're going to continue to do so. and 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, and this is the problem that we're seeing. they had three years of investigation, 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 mean, i was reading in "the new york post" this morning, i mean, it didn't sound like they were actually making a valuation case. it was a more narrowly defined

cat appraisal case -- tax appraisal. >> the attorney general's office? larry: well, the attorney general's office and even the accountants that you were interviewing on the legal team. >> oh. well, look, the accountants, let's remember what happens here in real -- larry: just account about thes. >> they're accountants, but what happens? the attorney general goes and starts investigating them, freaks them out. tells them we're going to bring sec violations, whatever it is, and then they freak out and desist it's what we've seen happening with the d.a., we've seen this happen. don't forget, this started with bragg, he didn't bring the case. and frankly the case, in my opinion, is falling apart. larry: all right, falling apart. alina, thank you for your time. i to go back down there -- you have to go back down there tomorrow? >> yes, sir. larry: alina habba, mr. trump's attorney. thank you so much, we appreciate it. folks, i'm kudlow. we'll be right back with my last word. i have complete freedom of

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larry: that's it for "kudlow." thanks for watching, folks. ♪ ♪ ♪ bad boys -what did i do? -turn around. -♪ whatcha gonna do -get on the ground! -♪ when sheriff john brown come for you? ♪