about 200 hostages. it's not. there's at least 6900 americans -- 600 americans trapped in gaza, probably other foreigners as well. so hamas is really bar gaining with probably over 1,000 hostages. elizabeth: a thousand of them. so, colonel collins, given that, right? you heard what colonel carafano said. we had the fbi director, christopher wray, testifying that terror threats against the the u.s. have spiked higher, they're at next level. the u.n. just named iran chaired the human rights council forum. iran is ranked as one of the worst human rights abusers in ♪ larry: you know, the difference the world. it blinds, tortures, rapes, between a i humanitarian pause and a ceasefire is nothing if women, teenagers, kills seniors more than joe biden's left-wing who demand their human rights. politics. iran executes children. but the good news is the idf so how does iran here and the will not be stopped or human rights abuses factor into handcuffed. and even better news, liz macdonald is here to the carry the biden policy of what's being called appeasement? the torch. >> yeah, i mean, i think as you elizabeth: you're the great

itself, larry, love you. see this kind of ramp up, we've see you soon. the push in the house to bring seen, you know, iran support anding the houthis, you know, in back the trump sanctions on iran. why is the white house appeasing yemen, less baa news --less baa iran? the state department, amnesty news hezbollah, so i think international and more, they you're going to see some foreign rank iran as a one of the policy changes, for sure, based world's worst human rights on, you know, what happened less abusers. we've got the details. than four weeks ago, and the plus, the stunning increase in continued aggression by iran and anti-semitic incidents in the iranian proxy ises around the region. elizabeth: so what colonel u.s., quintupling in just two collins said, colonel carafano, weeks. and a suspect detained, the government watchdog group allegedly threatening a mass open the books says biden's shooting of jewish students at white house policies pump more than $50 billion into iran. cornell university. house judiciary chair jim jordan some say it's $80 billion, even more. with us in an exclusive on his after biden reversed trump sanctions on iran, there's new ramped-up probe into doj something like 85 house gop officials caught illegally lawmakers saying bring back the spying on congress. trump era sanctions. what do you think, colonel plus, house oversight chair carafano? >> yeah. there's two really ugly sides of comer, he's with us on why then-vice president biden sent a biden's foreign policy that have really been exposed. staggering number of e-mails one is iran is at the root of using fake e-mail accounts. all these problems. 9 and the wild claim trump could it is the -- it's not hamas, be jail for violating a gag it's not hezbollah, this is order that the aclu says is iran's threat against the region.

and we spent two years under unconstitutional. president biden funneling i'm elizabeth macdonald. billions of dollars to them to "the evening edit" starts right make them play nice, and they now. ♪ did exactly the opposite. ♪ so that's a failed policy. elizabeth: let's get right at but the other one you also it. we've got retired lieutenant mentioned which was this colonel james carafano, a administration spent two years telling us that the great 25-year veteran with service in europe and south korea, also domestic security threat to the united states was the the political right. and now we've seen 60% of the liam collins of the u.s. army, a hate crimes against jews are career special forces officer who served in bosnia, ask, happening in this country, that's not being done by conservatives. iran has a presence in this iraq -- afghanistan, iraq, south country. they have committed, tried to korea and more. colonel collins, what's your assassinate american officials. we have hamas here, other take on the war now? israel claims to have killed the terrorist groups here. so there is a massive domestic top hamas mastermind behind the security threat that this october 7th massacre and a administration has no control separate hamas commander killed over and no oversight over, and in an airstrike of a refugee none of it is the thing that for camp that killed 50. two years they told us was the it's happening now. they're pushing deeper into problem. elizabeth: colonel collins, can gaza. what's your take? >> yeah. this is the early stage of the you respond to what colonel ground invasion, so it's going carafano just said? to get harder as they continue >> yeah. i mean, the iranians have been a to the move on. clearly, they're getting some problem, you know, this goes back to, you know, bush naming intelligence that are leading to where some of these top fighters iran as one of, you know, part of the axis of evil. are, so they're going to continue to degrade that hamas capability over the coming weeks it's been a challenge many

as they push farther and farther international relations, they've into gaza. been, you know, they're elizabeth: we have ceasefire if undermining what we did in iraq throughout the war. supporters disrupting a hearing today the, colonel carafano, so without a doubt, i mean, featuring secretary of state we've got to look at policy blinken. israeli officials are options that will be more accelerating the land invasion into gaza right now, and there's effective. i mean, our efforts to the deter talk that could set the stage for a possible hostage deal. iran have clearly failed just by they're dealing with 300 miles the fact of what we've seen in of tunnels underground. the last few weeks or really what do you make of this, over the last few years. colonel carafano? our policy deterrence is not >> i think there's four variables that'll determine when working. the israelis will stop the war. elizabeth: thanks for your service to our country. one, of course, the fighting on thank you for joining us tonight. it's good to see you both. the ground. okay, this fight over aid not just in the south and the for israel, ukraine and the u.s. north. remember, 2008 when the israelis border heating up. did a major invasion, part of the house leaders propose a the reason why they stopped that stand-alone package for israel, was because the israeli people but that's on a collision course kind of lost support. with the senate. so one is what's the progress of edward lawrence live at the white house with more. the campaign, what is the internal domestic support in edward. >> reporter: well, liz, president biden wants all of the israel, what is the aid i put together many one big international pressure on the package. the new house speaker says that israelis, expecter and the he's going to the put a package fourth one is, is there a on the floor of $14.6 billion in hostage deal. they went in in 2014, and it money for israel alone, then pay for that extra money by cutting

funds approved for the irs. >> paying for israeli aid is very simple to do, it will not stop israel from doing what they need to do. and, quite frankly, new irs agents are not going to help us raise revenue. they simply are not. we were raising record revenue before joe biden allocated $80 billion in new money to the irs. >> reporter: well, the rests are of the $106 billion the president wants would go to the ukraine, border protection money and humanitarian assistance spread across gaza, israel and ukraine. here's the secretary of state today. >> food, water, medicine, other essential humanitarian assistance must be able to flow into gaza. civilians must be able to stay out of harm's way. a task that's made even more difficult as hamas uses civilians as human shields. and humanitarian pauses must be considered. >> reporter: israel says a ceasefire will only help hamas. one more note on something else, the white house press secretary confirming for me today that

president xi will meet president biden face to face next month. >> it's going to be in san francisco, it's going to be a constructive meeting. the president's looking forward to the it, and i think that should answer your question. >> reporter: the meeting's happening? >> yes. [laughter] >> reporter: thank you. >> we've been clear about that. i'm just not going to get ahead of the process, i'm not quick to get ahead of the agenda. again, this is, this intense competition, it's always important to have this type of diplomatic conversations. >> reporter: and the president see ises china as a competitor and nothing else. liz? elizabeth: edward lawrence, thank you so much. good to see you. look who's here, former council of economic advisers, the chair of that, kevin hassett. kevin, we love having you on this show. you're very smart. >> thanks, liz. elizabeth: what's your reaction to this horse e -- to this report? ukrainian officials admit to widespread corruption. time magazine reports a top presidential adviser in ukraine says people are stealing, you know, aid money and u.s. funding

right and left. and secretary of state blinken is testifying hamas stealing aid is, quote, just spillage. what's your take on all this, kevin? >> i think what we're seeing the house leadership do is say let's hook at these things one -- look at these things one at a time. and i think that's probably because they want to inspect some of the things that you're talking about. so i think a good first move so the get that money to israel which is the sort of most urgent need right now for funds, and to pay for it as well. you know, you and i have talked about this before, but the deficit last year in 2023 -- actually, this year, but last fiscal year, was about $2 trillion if you with honestly count it. and it's going to be the probably about that next year once you counting this military aid, is so the u.s. is having trouble now selling its debt. what the house is doing is saying, well, if we're going to spend money on israel, hen we have to pay for it. and i think what they're going to have to do when they think about how much are we going to send to the border, how much on

ukraine, heir going to be constrained prettily by the house republicans to pay for i. and that's, i think, to make it so the numbers get a lot more scrutiny. elizabeth: interesting, because mohamed el-erian, an economist on wall street, is warning -- he's worried about who's showing up to buy u.s. treasury debt. i mean, it's still moving along. the yields are spiking a little bit higher, but what's your take on that? >> right. well, i think that the u.s. is going to have to sell a lot more debt because of all this new spending, and there's a big question. look, of course they'll be able to sell it, but the question is at what interest rate. my view is that the 10- year rate which is sort of around 5 right now is probably going to end up by the spring being around 6 because there's just so much issuance. like, there is no deficit reduction that's going to happen until we have a new president, especially with all these emergencies going on around the world. so it's a big problem for the u.s. and what i would recommend to house republicans and to basically everybody in parties is that they start using the

sequester, which is you proportionally lore all spending, all non-defense spending, because if they don't do that, the u.s. debt situation is going to turn into a crisis. elizabeth: i mean, it's really chaotic in washington. let's get to this, we had, you know, anti-israel protesters disrupting a senate hearing featuring the pentagon chief and the secretary of state. and also this, politico is reporting former aides to vice president kamala harris in her 2020 campaign, ken, they are -- kevin, they are reportedly collecting signatures, circulating a letter calling for her to seek an immediate ceasefire and also call it a genocide by israel. kevin, this seems to be a split growing merchandise the democrat party -- inside the democrat party. what do you think? >> i think that you see it on college campuses as well, liz, that, you know, i'm here at the hoover institution at tanford, and the campus -- stanford, and the campus is very divide divided. a lot of people are looking aaside and not really

considering the horrible brutality of the attack that happened just a few weeks ago. there is a legitimate conflict between palestine and israel about, like, exactly how's it going to work out, where are they going to get peace in the end, is there going to be the one or two the states. but the brutality, the murder, the heinous acts of hamas, i think, are getting an appropriate response from israel right now. and it's kind of stunning that there's so many americans that think that it's the okay to behead babies and so on that israel should do nothing to defend itself. elizabeth: hamas' founding charter says annihilate israel, full stop. thank you, kevin hassett. we appreciate you coming on the show. good to see you. still ahead, senator roger marshall, oversight chair james comer, former deputy assistant attorney general tom dupree and also judiciary chair jim jordan, he's giving us breaking news, an exclusive about how he's ramping up the probe that launched when doj officials were caught spying on congress. e why congressman jordan wants

answers from apple, google, at&t, t-mobile and verizon. plus, colleges fear their campuses are now out of control with anti-israel protests. a suspect arrested, accused of threatening anti-semitic mass shooting of jewish students at cornell university. that's coming up on "the evening edit." ♪ >> even with police, you know, it's still frightening. we're trying to go about our daily lives, and we're trying to continue to be proud and stay strong is as our jewish selves, but it's still scary. ♪ (vo) sail through the heart of historic cities and unforgettable scenery with viking. unpack once and get closer to iconic landmarks, local life and cultural treasures.

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and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. elizabeth: okay. joining us now for an a "evening edit" exclusive, house judiciary chairman jim jordan. congressman, let's walk the viewer through what's going on, because this is complex. doj officials were caught spying on congress. they illegally spied on congressional staffers working on the investigation of the botched trump-russia probe? what happened? >> right. we now know that they spied on congressional staffers. we want to know how far does it go, were hay spying on members? were they spying on other staffers? never forget, liz, we know they spied on president trump's campaign. we know all that from the fisa court and what they did with

carter page and papadopoulos, everything else. now we've learned that they spied on one of senator grassley's staff members, jason foster. we want to know does it go further. so we've sent letters not only to the department of justice, but to the all these carriers9 that the department of justice worked with to get the phone records, the e-mail records from congressional staffers like mr. foster. how far does this go. were they spying on members, other staff? we want to know, and that's why we're digging -- because, again, the chilling effect this has, remember, we have a constitutional duty to do oversight of the executive branch. if members of congress and their staff now think, wait a minute, is the federal government, is the executive branch spying on us, looking at everyone i call, looking at all the e-mails we send from our work phone, our personal phone? that's going to to have a kill concern chilling effect, and not to mention the separation of powers which is a hallmark of our constitutional system. elizabeth: yeah. how did you find out they were spying on congressional

staffers? what were they looking at, phone records, e-mails? what was it? >> we think it's both. and after so much time, after five, six years, they let mr. foster know, google did. so that's why we've sent a letter to google and the other carriers as well as to the department of justice, give us the answers since 2016. what have you been doing, who, if any, people have you been spying on -- [laughter] what phone records, what e-mails have you got from any congressional staff or, just as importantly, any members of congress. elizabeth: okay. so this, this congressional staffer, mr. foster who worked for senator grassley, he says he got an e-mail from google revealing justice department officials were demanding his own google voice records between, i think, december 2016 and may of 2017. >> yep. elizabeth: and now you're saying apple, google, at&t, t-mobile, verizon, you've got to give us records on this. is that what's going on? in this. >> exactly right. we want to know who else, how

extensive, who all was involved, how many, if any, other staffers they were looking into. because, remember, they were investigating the very people who were investigating the justice department. because this is all in the context of the crossfire hurricane, the trump-russia issue. so mr. foster and mr. grassley were investigating that, and so the justice department starts looking at them. they did the same thing to some of devin nuñes' staff and house intelligence staff people. elizabeth: yeah. >> how pervasive was this, how far did it go. we think the american people and congress are entitled to those answers -- elizabeth i mean, this is a blatant the abuse of power. it's a fourth amendment violation. they need probable cause warrants first, and now we're hearing a federal prosecutor who donated to democrats' campaigns, he's an assistant u.s. attorney in the washington, d.c. u.s. attorney's office, subpoenaed the phone records of lawyers working for the senate and house working on the trump-russia probe. i mean, this is not the america that people thought they grew up in. didn't the former director of

the cia, john brennan, apologize in 2014 when cia workers were caught spying on senate intelligence staffers on their keyword searches and e-mails during the cia waterboarding scandal? and it's still going on? >> yeah. there's that issue. and then i would also say this, liz, so not only were they doing this to republican staffers it looks like, but we also know that when it came to investigating democrats like the hunter biden, we know they didn't run the investigation like they were supposed to. we just learned last week from u.s. attorney in pittsburgh scott brady who was tasked by the justice department on january 3rd, 20 20, the look into the hunter biden-ukraine issues, all the information that was coming in, he was supposed to be the clearinghouse tasked by the attorney general, bill barr, to do this. well, guess what? they never told him about the confidential human source until six months into his work with, and they never once told him about the laptop. in fact, during the deposition a week ago i asked mr. brady, i said, when did you learn about

the laptop? he got smile on his face because he understood what i was asking. he said, i learned when the story went public in "the new york post" on october 14th, 2020. think about that. he's tasked with all information from the government relative to hunter biden in ukraine, and the fbi doesn't even tell him about the laptop even though they had it for a year before that story went public. elizabeth: well, these are abuses of power, right, chairman jordan? you'll still be probing them. we'll stay on these stories. thanks for bringing it to us, we appreciate it. we're going to stay on it, chairman jordan. also house oversight chair james comer with us next. that tag therring 82,000 pages -- staggering 82,000 pages of e-mails where then-vice president joe biden was using fake names and fake e-mail accounts during the obama white house. why? what for? it's on "the evening edit" next. ♪ tailor-made for trader minds.

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and other lifesaving help. gifts of $50, or $100, and more are urgently needed now. please call 1-800-598-4969. we are on the front lines. the need today is critical, so call now or visit foz.org/help and give your best gift. elizabeth: okay, joining us now,

house oversight chair james comer. of chair, it is good to see you. so this foia lawsuit, freedom of information act lawsuit, brought by the southeastern legal foundation against the national archives, you're working on the impeachment inquiry of president biden. this bombshell revelation, how does it factor into your inquiriesome the national archives has 8 2,000 pages? 82,000 pages of e-mails where then-vice president biden used at least three fake pseudonym e-mail accounts. what's going on here? 8 2,000 pages? that's a stunning amount. >> it's a stunning amount. 82,000 e-mails. they produced 14. so they have 81,986 more to go. but this is, how many instances joe biden used a fake name to conduct government business on his government e-mail. so here we have a president that used fake name, a pseudonym in a government e-mail, at least 8 2,000 times. we've learned that his company

had at least 20 fake companies. we've learned that they were influence peddling with our biggest adversaries around the world, and what we're now learning through the bank statements is that they were laundering money. so this is a serious issue. one reason we're concerned about the e-mails, obviously, joe biden in one of his many lies to the american people said he had an absolute wall between the government and his family. that's not true. many of those e-mails went to hunter biden and hunter biden's business associates, we know that. and the other concern is we fear that one of the e-mails on hunter biden's laptop where he was e-mailing back is and forth with ukraine where he were wiring his family millions of dollars, one of those e-mails reads like a government e-mail. and it has all the characteristics of a classified government document. we want to know from national archives was that document one

of the documents that joe biden mishandled between the vice presidency and the presidency? if we have a lot of questions for national archives. elizabeth: yeah. >> we want to know exactly which documents joe biden mishandled and and where those 82,000 e-mails that he used fake names went to. elizabeth: you said the biden family laundered money. how do we know that? >> we know that through bank statements. i mean, you're going to see more graphs that shows when wires would come in from places like china or romania, they would launder them through various shell companies. and it's not my words, it's the words of six different banks through the suspicious activity reports. remember, one of the first victims are -- victories we had in this investigation was me gaining access to the treasury department. that's where they store these bank violations. so six different banks filed 170 suspicious activity reports on the biden family, and the

majority of those suspicious activity reports pertain to money laundering. this is a serious crime, and it wasn't just the president's son, it's also his brother as well. elizabeth: james biden. okay. you know, the 82,000 pages, it's bigger than the 55,000 pages of e-mails former secretary of state clinton the, hillary clinton, produced from her personal e-mail account. i mean, that 55,000, that's about 30,000 e-mails from 55,000. so we could be talking about, i don't know, 55,000, 60,000 e-mails that the vice president used, was using during the obama white house possibly communicating government business while he was vice president to his family. is that what you're going to be looking for? i mean, this is going to affect your -- is that what you're going to be looking for? because this could also affect the special counsel's investigation into the president mishandling classified documents. are go doing to be looking for what government business was

possibly transmitted via these fake e-mail accounts to the biden family? >> yes, liz, absolutely. there's one e-mail in particular that is an e-mail of great interest to our investigation. and that's why we need to know from national archives was that e-mail one of the documents that the vice president had in his possession, because if so, that's clear evidence his son had access to these classified documents and was selling them. we also want to know what joe biden was doing hiding these e-mails in these pseudonyms. look, we know one of those e-mails was, had hunter copied, and it pertained to ukraine. so much of the corruption in the biden past revolved around ukraine. so we have a lot of questions for national archives, and we expect them to give us answers. elizabeth: okay. chairman james comer, thanks for joining us. >> thanks for having me. elizabeth: senator josh hawley, he called out secretary mayorkas because a dhs worker, a homeland

security worker praised a maas on twitter. -- hamas on twitter. we also have senator roger marshall. he saw those fireworks firsthand today at that 123459 hearing. also college chaos, colleges fearing they did let protests get out of control, they're playing with fire. a suspect in new york arrested after threatening a mass shooting of jewish students at cornell university. that's next on "the evening edit." ♪ >> i feel so unsafe every single day going on campus. i feel unsafe sitting in classes next to peers supporting these terrible acts and listening to professors that are also supporting this. >> in class i sit next to my peers who cheer on hamas and support is the murder of over 1400 innocent israelis. i mean, it's racial horrible. >> so long as this institutional damage isn't changed, i will not feel safe on campus. ♪

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elizabeth: okay, we're staying on this breaking news. let's bring in journalist emily osen. this shocking news, new york governor kathy hochul announced a suspect is in custody after threatening a mass shooting of jewish students at cornell university's kosher dining hall. a message board post said, quote: watch out, jews, jihad is coming. another post said the jewish student center, like israel, should be eliminated altogether. fbi and police now investigating. this campus, you know, protest against israel now out of control. it's out of hand. what do you think? >> all i know is if this suspect gets let out of custody, it's a perfect recipe for disaster. they should not let him out.

and to anyone who's threatening violence against the jewish people should go to jail. freedom of speech is one thing, and by all means, i'm a free speech absolutist. but when did we become a country that fails to reinforce consequences for violence? elizabeth: you know, it's freedom of assembly, it doesn't allow for freedom to attack. or threaten. if you know, a cornell professor now on leave after calling the hamas massacre exhilarating, energizing. the anti-defamation league says they've seen a theory 400% increase in incidents in the u.s. since the october 7th massacre by hamas in israel. that's in, like, just two or three weeks. >> by the way, you just mentioned to me the professor was on a leave of absence is, i thought the he was fired. the fact he wasn't fired is so insane. imagine saying that about any group of people, that a massacre of bloodshed was exhilarating? that a person would never, ever find a job ever again, but i guess on campuses that's all

right when it comes to the jewish people. the hypocrisy is so unreal when it comes to jewish lives. elizabeth: let's go over to the university of california, uc-davis, now probing a faculty member allegedly tied to a social media account violently threatening, quote, zionist journalists and their children. this was affiliated with a faculty member, jenna dechristo, one group of people we have easy access to in the u.s. is all these zionist journalists who spread propaganda and misinformation. they can fear their bosses, they shouldn't fear us more. really? the person was on the faculty of uc-davis threatening journalists in. >> i don't think professors -- well, i think they do understand this, but professors have such a huge impact on hair students. these students are going to graduate based off of the the lessons they were taught in college, so if heir being taught hate and violence, maybe it's t time to reconsider who's being hired as a professor. why should a professor who's

clearly inciting violence against the jewish people have a job on campuses? teachers are supposed to teach, enable students to be knowledgeable, not violent, barbaric protesters and encourage it. elizabeth: let's watch peter doocy asking why the white house is so quick to call trump supporters extremists but not doing enough to call hamas supporters extremists. watch this. >> reporter: you guys don't talk about extremists all the time, it is usually about maga extremists. so what about these protesters who are making jewish students feel unsafe on college campuses? are they extremist? s. >> i was very, very clear, we are calling out any form of hate. elizabeth: what do you think, emily? >> this doesn't surprise me at all, but i just want to make one point super e clear, this is not about muslim, this is not about jewish, this has nothing to do with religion. hamas is a terrorist group. they are extremists. if you have a problem condemning that, you are part of terrorism. that is what i want to make

super clear. if hamas is the extremist, you call it out. if it happens to be a white spectrum i have group, you call it out -- supremacy group, you call it out. elizabeth: the white house says it is calling it out. but final point, "the washington post" looked at data from 32 states and the district of columbia, that's more than 60% of the country's school-age population. you know what's really exploding? this is stunning. the number of students home schooled by their parents or at home, you know, bringing in teachers, increased 51% over the past six school years. so that's what's going to rattle, emily, the public school, you know, kind of apparatus. also they're going to see it coming into colleges and universities. parents have had enough with what hay see going on in schools. they've also had must have of tuition gouging -- enough of tuition gouging by colleges is and universities just gouging mid middle class families. they should be charged with rico

racketeering charges for doing tuition increases and allowing outrageous, anti-semitic attacks and student protests, and now cornell faces a potential -- faced a potential mass shooting. this is out of control. final word, emily. >> i don't suggest running away from the problem. of course everybody feels safer at home, but that's exactly what they want. and we cannot let fear win. however, the pressure if we need to put on college reform and, apparently now high school reform too, that's where we need to attack. make sure students feel safe on campus, not have the students run away. elizabeth: got it. emily austin, thanks for joining us. trump's former white house lawyer claims the former president could be jailed for, quote, violating a judge's order? aclu argues that is unconstitutional. plus, 5,000 illegal immigrants now marching total u.s. border. the biggest in more than a year. homeland security secretary mayorkas grilled again in the senate on border security. 8 million illegal immigrants

crossing under biden. that's more than the population of each of 37 states. we're staying on the story the. but first, let's check in with jackie deangelis and sean. we want to hear from them what they have next hour on "the bottom line." sean: hey, e-mac, thank you. we have senator john kennedy talking about team biden making the case to the u.s. senate for $10 is 6 billion aid package as well as steve forbes on the american debt bomb that we now have. jackie: the florida senator, rick scott, is also going to be here. he's talking about our open border and the terror threats that we are facing here9 at home. we've also got jon levine, new york post political reporter, talking about anti-semitism, and it is running rampant on campuses. it's coming to a campus near you. can't seem to make it stop. we'll see you tonight. sean: top of the hour.

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i was on a journey for a really long time to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions, severe skin reactions that look like eczema, and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. elizabeth: okay. let's welcome back senator roger hard shall from senate homeland security -- marshall. we watched the hearing today, i don't know how you keep your composure and, you know, your patience, because secretary of homeland security mayorkas, he's saying nothing about the 8 million illegals caught crossing under this biden white house, theory 1300 terrorists caught under this biden white house on the watch list trying to cross,

but he's blaming congress? what do you say? >> well, liz, it is very painful. i think that our secretary has no idea how concerned people are back home about their safety and security. i think that he doesn't either know, he doesn't know the answer or refuses to answer the questions. he refuses to take any type of accountability from the standpoint that their policies have turned on magnet so that 8 million people have crossed the border illegally under their watch. the only pact we got out of him -- fact we got out of him today is he admits that 600,000 gotaways have crossed the border this year alone. 600,000 gotaways, we have no idea where they're from, what they're doing here, where they are now. elizabeth: you know, senator, i mean, it's just unfathomable, what's going on under this biden white house with this homeland security secretary. there were fireworks. senator josh hawley confronted major cans cat over a dhs -- mayorkas over a dhs worker

posting an image of a hamas paraglider flying into israel, saying yea, hamas. let's get your reaction. >> an employee of the department of homeland security who posted these comments on october the 7th. that's not all she posted. she also posted this graphic. now, this is a fake graphic, i want to be clear, but i think we understand it. this is a paraglider, a hamas paraglider, depicted here with a machine gun flying into israel. she posted it under her online alias with the celebratory free palestine. >> one of things i'd like to say to you. number one, your question to suggest that that is emblematic of the men and women of the department of homeland security is despicable. >> i'm sorry, what have you -- this person works for the department of homeland security. have you fired her? you have employees who are celebrating genocide is, and you

are saying it's despicable for many to ask the question? elizabeth: senator, when you heard, when you saw that, what was your reaction? >> well, i was in shock as well, and i would just encourage the secretary to not be so defensive, to take accountability for this employee and say is, look, this employee made a mistake, she's no longer working for us, and we're going to move on. but instead, he projects, he projects what senate hawley was talking about back at him. this is a constant theme of this administration, this projecting what they're actually doing. i was this shock and really, liz, if i could just give one piece of advice to everybody to turn down the temperature, go visit the holocaust museum and see what the jewish people have went through the past century and just realize that if we -- they come, the hate the jews first, they're going to come for us next. let's turn the temperature down. elizabeth: i agree. many people would agree with you, senator. just getting back to, it feels like it's a is circle the wagons

kind of mentality. i mean, 8 million crossing, that's more individually than 37, the population of 37 states. final word. did he give you any sense of comfort that they're fixing the border collapse? >> none at all. just the opposite. to to your point, that's three times the size of the population of kansas, 179 terrorists were caught trying to elude the border patrol. we have no idea where those people are, what they're doing now. we want to know about them. 60,000 aliens of interest that have entered this country. we want to know who those people are. e we though they're from countries like afghanistan, from iran, from turkey. we want to know where they are as well. i actually walked away more concerned than relieved. elizabeth: senator marshall, we're so gratified and appreciate you coming on the show to share your perspective and insights. we appreciate you. thank you so much. >> thank you, liz. elizabeth: okay. former deputy assistant attorney general tom dupree is here. we love him, he's so smart. trump's former white house lawyer claiming the former

president could go to jail because he violated a judge's gag order? trump already plans to appeal that as unconstitutional. and the aclu agrees with trump. it's next on "the evening edit.." ♪ ♪

elizabeth: let's welcome to the show former deputy assistant the attorney general tom dupree. tom, it's good to see you again. so we have former trump administration lawyer ty cobb, he said he believes former president trump will be sent to

jail if he violates a partial gag order in the 2020 the case. that gag order was reinstated on sunday. i thought the aclu already said this is unconstitution ago. -- unconstitutional. what do you think? >> when the aclu is weighing in in favor of donald trump and saying the gag order is up constitutional, that carries a lot of weight. the aclu is not ideologically incliented to support the former president in anything, so i take their view seriously. as far as whether the former president would actually go to jail, that seems like a real long shot. in theory, yes, he can be spent to jail for violating a gag order, but that is an extreme sanction, and i think if the president were to violate the order, i think the judge would first impose fines and only impose a jail sentence as a last resort. elizabeth: got it. tom the, let's watch ty cobb in action. watch this. >> well, the new york judge fined him $10,000. that's this in a civil case, you know, that's not as

consequential at judge chutkan's case. i think, ultimately, you know, he'll spend a night or a weekend the in jail. elizabeth: okay. we don't know if that's going to happen. here's the thing, let's go to judge tonya chutkan's order. i want your reaction to this. the judge says the first amendment rights of participants in criminal proceedings must yield, when necessary, to the orderly administration of justice. a principle reflected in supreme court precedent. what do you think of the gag order in terms of first amendment rights? >> look, i think any gag order, in this case or any others, you have to strike a balance. on one hand, yes, you have to preserve the integrity of the trial, but at the same time you have to preserve first amendment rights. and so i think the line that the judge needs to draw here is simply saying, look, the president can't be shut down entirely from commenting on this case. it's one thing to the, you know, threaten witnesses or things like that, but just commenting publicly on the case, a gag order of that breadth would go too far. elizabeth: got it. tom, let's move to this first

amendment, freedom of speech, freedom of assembly fight. cornell university, the governor of new york, kathy hochul, said they stopped a potential mass shooting of jewish students at the or cornell university kosher dining hall. now, the students who protest against israel and protest, you know, against what's going on with the war against hamas, they say they have free come of speech, freedom of assembly. do they have freedom of speech, violent speech? do they have freedom the of violent assembly? what do you say? >> well, absolutely not. look, the first amendment doesn't go that far, right? it does not give you a right to incite violence against someone else. it does not give you a right, to as you say, engage in violent assembly. certainly, they can e express their political views, but when you see things like stirring up violence, hate speech directed at jewish students, just horrific trend the of anti'em. tism that we've seen erupt on college campuses and elsewhere in the last few weeks is absolutely horrific. and i hope college officials

will crack down on it, because it is not speech that is protected -- elizabeth: yeah, tom, what you're saying, couldn't universities say, listen, students, you don't have first amendment rights here, what you're doing? couldn't they do that? final word. >> absolutely, they could. and they should. they these to protect jewish students and jewish people from these start -- sorts of violent acts. elizabeth: got it. tom dupree, thank you so much. we really appreciate you coming on the show and your insights and perspective. really smart. good to see you. and joining us tomorrow, wisconsin senator ron johnson, texas congressman michael burgess and fox news contributor joe concha. we will be staying on the breaking news of the day and the hour. we're going to bring you the very latest as we can. i'm liz macdonald. thanks for watching "the evening edit" on fox business. now it's time for "the bottom line" with jackie and sean. sean: great show, e-mac. appreciate it. elizabeth: thank you.

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