larry: peace and strength means strong deterrence, okay. not appeasement. they've got to stop appeasing aran and other -- iran and other terrorists. nobody appeases liz. they all look to liz for information. liz: only you can, larry. boy, larry, we have to have a

cocktail soon. this news cycle. it's great to see you, my friend. you did great that hour. you're looking at a live shot, it's happening now, major anti-israel protests breaking out in new york. there are pro israel rallies scheduled for dc this weekend and coming up earlier next week and a massive brawl outside a movie screening at la's museum of tolerance. this is a screening of hamas terror attack and that film was showed that happened and president biden today says show me the polls. we're losing. well, another new one from emerson today and trump leads bide anne donovan four swing states. as sparks fly at latest gop debate. this is escalating and house oversight chair comer issued even more subpoenas today for key biden family insiders to testify in the influence peddling probe. and a renewed push to impeach secretary mayorkas over the historic border crisis.

we've got it. it is revenge of the vote herbs, it's pay back time. voters just fired, got rid of their entire local government in michigan over a polluting electric car battery factory backed by china. we have the story. i'm liz macdonald and the evening edit starts right now. thanks for joining us. joining us now is retired colonel general james carafano. he served our nation for 25 years and former deputy secretary of esteemed expert elbridge colby. colonel, is this white house doing enough to hold iran accountable? is it doolittle too late and took out another weapon's depot. what do you think, colonel? jot biggest problem for the biden administration is the old obama people. our enemies in the world know the obama play book, and the obama play book is minimalist response, which is to do the

minimum we can to not get into trouble. you're as worried about losing as you are hoping you're going to win, and your enemies know that and play on that fear. so what they've done is they've allowed iran to dictate the pace of this competition because everything we're doing is tit for tat and all responding and taking control of the situation and every time you do that, it encouraging iran to escalate and puts more american lives and our interest at risk. liz: eldridge, four attacks by iran militias and injured dozens in the attack. what do you think? >> well, i think at least two things. one is we have to really question how valuable some of the troopses are in places like iraq and syria and effectively functioning as hostages or targets and secondly the policy of re-enkithing iran and allowing -- re-enriching iran and allowing money to go back into the coffers where they weren't at the beginning of this

administration is a failure. liz: colonel, what do you think of four hour daily pauses in the war starting thursday? that's what the white house has been asking for that but will hamas abide by it? >> well, i think again, this is the problem with this administration is they're trying to play both sides of this problem and salvage a rip with iran and -- relationship with iran and hamas and support israel and placate their critics and trying to look tough all at the same time. it really doesn't get you anywhere. the problem with anything like a ceasefire and halt and all this stuff, if it's unilateral, again, all you're doing is seeing the initiative to the other side .x back to bridge's point that's so spot on, we've empowered iran and it's a classic failure and look at the administration, they can't let go of wanting to engage with iran still. liz: they can't let go of engaging and now there's this, elbridge, the palestinian

authority reportedly told the biden white house it's open to a role in running a post hamas gaza only if the u.s. commits to a two-state solution. but the problem is hamas does not want a two-state solution and wants to annihilate israel. >> right, that looked like a pretty fundamental condition to me, and i think the israeli government made clear and it's reasonable they'll have security oversight. they're going to be careful that something like the atrocities that happened early last month are not repeat, and i agree with jim here. look, they're unfortunate and it's tragic and driven by hamas, they're boroughed into the population and tunnels and hospitals and so forth. tragically there's no clean solution here and the administration is basically trying to ask for this thing that i don't think it exists, which is a kind of clean and neat way of restoring deterrence and getting hamas and dismantling its military infrastructure and it's ski and israelis of what they're asking for is political support and

that's what we should be providing. you know, supporting israel three days into this, this was valuable but that's not when the rubber meets the road. the rubber is meeting the road now as the israelis are going in and idf soldiers are being killed. liz: right, israel took out 130 tunnels and a tunnel system found underneath a children's amusement park, colonel. i mean, israel says we're at war with hamas, not gazan civilians. there's something like 665 trucks with over 5300 tons of humanitarian aid and more than a million liters of water pouring into wow. soft and average and israel is -- into gaza and israel is pouring into gaza city and the weak kneed wobbly rhetoric and are you worried about that, colonel? >> it doesn't report with reality and we both agree, the last thing we need is getting

assaulted by america jumping back into the middle east with both feet and if we want to secure middle east that can secure itself, two things you have to have: israel has to be able to defend itself and its territory and you've got to put iran back in the box. when you're not willing to take on iran and saying let's have a two-state solution, which sun workable, it's a sign this administration doesn't commit to the only two things that really matter. liz: got it. lieutenant colonel james carafano and elbridge colby, thank you for joining us. a media watch dog in israel claims freelance photographers may have had prior knowledge about hamas' october 7 attack against israel. they were early to arrive on scene and molly line is in london with the story. molly. >> elizabeth, an israeli media watch dog organization is reporting that some of the atrocities committed by hamas on

october 7 were not just documented by the terrorists themselves but also captured by gaza-based photo journalists working for news agencies like the associated press and reuters. the report, by honest reporting, raises ethical questions and implies that some of the journalists were on the scene of the massacre so fast they might have had a heads up from hamas. all of the outlets have adamantly denied advanced knowledge of the attack claiming they obtained the photos from freelancers as they normally do. the ap responded "the first pictures ap received from any freelancer show they were taken more than an hour after the attacks began". the agency notes they're no longer working with one gaza freelancer and reuters responds "the photos taken two hours after the rockets crossed israel and more than 45 minutes after israel said the gunmen crossed the border". honest reporting notes the

israelly website has response from cnn noting the network cut ties with a freelancer writing "we have not at this time found reason to doubt the journalistic accuracy of the work he's done for us, we've decided to cespedes pend all ties with him". and new york times responding calling the accusations un-strew and outrageous defending a freelancer whose work they've used writing "there's no evidence for honest reportings insinuations and our review of his work show he was doing what photo journalists do during major events documenting the tragedy as it unfolded". israel government press office is demanding further explanation from the outlets. elizabeth. liz: molly line always great reporting from you. thank you so much. take a listen to this, watch this exchange between fox news peter doocy and president biden today. watch this. >> you don't believe you're trailing in battleground state s? >> why do you think you're trailing trump in all the swing state polls? >> because you don't read the polls.

ten polls. eights of them i'm beating him in. eight of them. you guys only do two: cnn and new york times. check it out. check it out. liz: okay, joining us now is mark lauder, former special assistant to president trump. here's another brand new poll from emerson and trump is leading biden in the swing states of pennsylvania, wisconsin, georgia, and arizona. what do you think of this exchange from the president? >> i just think he's either misinformed or trying to misinform the american people. look, there's a long said theory in pol politics that one poll ds not make a trend. there's been four polls this week that all show joe biden loses to donald trump and donald trump winning in five or six of the key battleground states. so that is a trend. i think it's safe to say joe biden is losing to donald trump right now. liz: what did you think of gop debate last night? vivek ramaswamy, you know, said nikki haley and ron desantis is

dick cheyney in 3-inch heels and putin and xi are rallying for ramaswamy to be president? what did you make of the debates? ramaswamy was slammed by nikki haley for bringing up her daughter's tiktok use and nikki haley called him "scum". what'd you think? >> usually children are off limits in terms of presidential polls obviously. especially on something like this with tic tock and things like that the most substancive debate of the three and it won't move the needle and he's up 35 points nationally and 30 points in iowa and 30 points in new hampshire and nothing about the battle for a distant second place changed that narrative last night. liz: mark, have your reaction to this and watch vivek ramaswamy here. >> this is actually about you in&the media and corrupt media establishment asking the trump russia collusion hoax that you pushed on this network for years.

was that real or was that hillary clinton made up disinformation? answer the question. go. we need accountability because that media rigged the 2016 election, they rigged the 2020 election with hunter biden laptop story and they're going to rig this election on the accountability. >> mr. ramaswamy, your time is up. let me turn to governor christie -- >> i'm upset. we've become a loser and the since rhonda mcdaniel took over in 2017 as chairwoman of dnc, we've lost 2018, 2020, no red wave ever came and we got trounced last night in 2023. liz: he asked rhonda mcdaniels to resign. what did you think of all this, mark? >> you never lose points in a republican primary by attacking the mainstream media and that doesn't surprise me. i think the moderators and the candidates conducted themselves

fairly well. you can actually listen to the candidates last night, and while we still have fundamental infrastructure and things we've got to improve going into the next election cycle, these are state and local elections, and using kentucky for example, governor beshear is from a very well known, very popular family and while you saw republicans winning up and down the ballot, they showed that there's a long history of success in that state for the b beshear family. liz: there's been a real criticism of get out the vote effort by republicans and they're not getting out to vote like democrats are. what do you make of that? >> it's a challenge, and it's a challenge we've faced and we encountered it in 2020 and again in '22 and again last night -- or on tuesday night and we've got to get better at it. the democrats, they know where their votes are, they know where to get them, and they know how to get them to the polls whether they drag them or bus them there, they'll get their votes

out. we have to get as good as they do of identifying people who want low gas prices, who want low crime, who want low inflation. liz: think rhonda mcdaniels should step down? >> you know, i'll leave that to the rnc committee. they're the ones that obviously deal with that, but we're in the middle of a presidential election cycle. the election is less than one year from now and we've got to be united to get behind our candidate and get mind the policies already winning at the polls and do everything we can to push forward and save these discussions for 2025 after hopefully we've won. liz: got it. mark lauder, thanks for joining us the only thing. good to seeout >> thank you, liz. liz: kevin o'leery, former deputy u.s. attorney general john yu and former gop candidate tudor dixon and from the hill, julia manchester and miranda devine coming up. a massive brawl between pro

israel and pro palestine backers outside an la screening of the film about the hamas terror eighties on october 7. plus, a house committee advances a new bill to tighten foreign donations for colleges from overseas and again, we're monitoring the massive pro palestine protest happening now and breaking news is coming into the studio. it's happening in new york city. we'll go to it live. plus, as i said, we've got laptop from hell author miranda devine, house oversight chair james comer issuing even more subpoenas today to key biden family insiders and the now escalating influence peddling probe. it's next on "the evening edit". >> we've already requested that hunter biden and jim biden come in and obviously they haven't cooperated with our investigation. also we're ready to subpoena. we've sent a simple letter of request to come in and be interviewed for the rest of the biden family members.

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liz: welcome miranda devine and author of the book happen top from hell and new york post

columnist and, miranda, thank you for helping us out and for joining us. house oversight chair comer, he's really ramping it up and just a few hours ago, miranda, he issued even more subpoenas to testify to key biden family insiders. this time it's eric and hunter biden's chinese business partner merri bowl vin yen after he subpoenaed hunter and other family members. what do you think of this? the gig is up and they've been diligently gathering evidence and bank records to be sure that they had the right questions to ask when they did subpoena these people and bring them in. >> they just are going to keep on going until they get to the bottom of it. it's interesting that hunter biden's lawyer abby lowell tried

to head this off when he tried to send a letter to the committees asking them to back off a first time before the first train much of subpoenas went out to hunter biden is he's since changed his tune saying huntedder would be looking forward to -- hunter would be looking forward to giving a full account of himself but says at the right time. no doubt they'll claim he can't speak because he's under indictment and it'll have to wait until the end of all that, which will be some time from now, probably after the election. but the white house but joe biden knows there a lot of information hidden and covered up and he lied about. liz: miranda, is that a good strike thaty by the white house to stone wall and not cooperate and as you point out, hunter biden, who knows when he'll testify. i mean, comer also subpoenaed tony bobulinski, hunter biden's

business partner and he's got the receipts cha went down and he's also subpoenas hunter biden's art gal resistance and selling paintings and are patron and requesting tribed interviews with the americorp holding trustees from the loans going on and he was buried. >> he's the fact and alimony and tax and even handled finance for joe biden so he operated a lot of bank accounts that they were using and he was brought in for a sort of unofficial meeting earlier this year, which didn't go very well. so awarding to witnesses that

eric's tongue might be loosened and all though very loyal and he was rewarded for his loyalty by federal government posting, he did fall out with hunter biden and there's some really quite rude messages from hunter to eric and they fought over money and maybe he'll speak. there's a lot of pressure on the witnesses from the federal government from the white house, from the biden family to just keep their mouths shut. system of articulation liz: do you think is a now a danger zone and entering into new ground, new territory for the biden family? >> absolutely. i think this is the first time in three years really that we're going to probably be able to uncover some new information, keeply buried and, look, joe biden, if it was all above

board, he'd have presented bank records to prove that those so-called loan repayments from his brother were actually repayments from the line and he would not have lie when had asked about the meetings with hunter biden's business partners. liz: miranda devine, thanks for joining us good to see you. >> thanks, liz. liz: the house is moving to an impeachment vote against homeland security secretary alejandro myoyardeni kasam and may come as early -- mayorkas and may come as early as next tuesday and tudor dixon is here and house committee moving to crack down after this report more than 200 u.s. colleges raked in and pulled in $13 billion in undocumented funding from foreign governments, including from qatar, which is home to hamas leaders. it's on "the evening edit" next.

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liz: high school and college students in new york city stained a walkout. they're now protesting midtown manhattan. this situation is very fluid. this is getting bigger by the moment. brian burg is live at the scene

with the latest. brian, what's going on. reporter: hey, liz, let me take you where we started here, about 3:00, we were at the new york public library. a couple hundred people, a lot more high school students a the that point. we've now migrated from there down fifth avenue across 34th street and up to the new york times on eighth avenue. we stopped in front of the new york times and the crowd has been shouting shut it down so that's the theme of this whole protest, and it now appears to be directed at the new york times, but as the night has gone on, the messaging has changed, much more free palestine to start and now a lotted of revolution from the river to the sea so this is evolving and getting bigger, liz, and the messaging is changing. we continue to walk with the crowd but as i said, they're in front of the new york times right now, and that appears to be one of the places they want to send a message to. liz: brian, please stay safe.

these can be very volatile situations; right, brian, and sounds like this protest is growing in size, brian. reporter: it's growing in size, certainly in numbers, and intensity as well as the messaging is becoming more of that kind of intafada messaging revolution. we had an egg almost hit me as i was walking, i don't know who it was intended to hit and seeing people on scaffolding and spray paint on cars and it's evolving from a couple hundred people chanting to much more physical it seems at this point. we'll watch it, but we're right in front of new york times. that seems to be a target for these protesters. we'll try to find out why, but that's where they are. liz: got it. brian, we'll try to check back in with you. we'll stay on the story with you. be sayre out there. that can be a very dangerous situation as they get bigger. brian brenberg, thank you very much.

joining us now is tudor dixon and host of the tudor dixon podcast. you heard what we were talkerring about with brian, the rhetoric escalates and getting violent and using genocide phrase from the river to the sea and rashida tlaib doubled down on that. reporter: she doubled down and saying this is a call for peace, gaslighting doesn't even cover it there. this is scary and the protests. these people aren't getting there just in their own vehicles. this is well funded. you're seeing this across the country. we saw this at the white house with people sticking the palestinian flag through the fence and putting paint on the gate, almost pushing through the gate. these are things we really have not seen in the united states, and people are asking when is the biden administration going to stand up against this? instead of coming out and saying we have a council on islam

phobia, when are we going to stand up and say, we're not going to support terror or genocide. brian just saying the rhetoric is getting even more intense. that is not a good sign. i would like to say, he mentioned that they're outside of the new york times. they're going after these hollywood films, they're going after the people who have protected them for all these years, and i just want to say, this is not an i told you so moment, but we've said the further you push away from keeping in line with the law, the more lawlessness you allow and eventually this turns on you. i would say to the new york times, they're outside your building for a reason. liz: yeah, we hear you loud and clear. i mean, so what we're seeing is we're hearing there's going to be pro israel rallies in dc possibly this weekend and through early next week. it's dangerous that history is not being discussed what's going on in gaza with hamas terrorists backed by iran and just brutally slaughtering at random and at

will, you know, women, children, seniors and also iran is known for publicly executing in the public square, weapon, seniors and children. i mean, is the white house doing enough? do you think they need to step up and speak out more against this and just layout what the facts are? this is anti-semitism full throated anti-israel protests. >> absolutely. the american people don't feel safe right now, but they don't feel as though there's a plan. we're seeing minimal strikes after we're getting hit hard and i just spoke with a veteran about this the other day and he said to me, you have to understand, you're not fighting regular people. this is not a war, this is against terror. there's no rules in terror but there's rules for the people fighting that abide by the rule of law and war. liz: got it. tudor dixon, thank you so much. we'll stay on these stories and have you back on soon. good to see you. we're hon torring the situation happening in new york. also we're coming up, we have

from the hill, we've got julia manchester. now, this story, this news broke late in the day, the house moving to vote as early as tuesday to impeach homeland security secretary mayorkas as the border crisis blew up on his and president biden's watch. that's next on "the evening edit". ♪ it's easy to get lost in investment research. introducing j.p. morgan personal advisors. hey david. connect with an advisor to create your personalized plan. let's find the right investments for your goals okay, great. j.p. morgan wealth management.

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liz: a great writer and we're a big fan and she's really smart, on top of it and hill media outlet and political reporter julia man chester and great to have you on. this news breaking late in the day, the house will move to vote to impeach homeland security

secretary mayorkas next tuesday in a straight up or down vote. what do you think of this? he's accused of breaking the law, breaking the secure fence act. what do you think? >> this is something that republicans and we've heard congresswoman marjorie taylor green introducing this, they're really pushing for this, and they have been pushing for this. we know that ever since earlier this year when we heard remembers were sort of floating the idea of potentially impeaching president biden, we saw then speaker kevin mccarthy say, well, maybe we should focus on some of the cabinet officials like mayorkas who they are accusing of very much mishandling the situation at the southern border. now, the timing of this, elizabeth, is very interesting because, remember, we're heading up against that government-funding deadline at the end of next week. we know that this effort will take up time on the house floor. we know that there doesn't really seem to be a consensus on funding the government, not only between republicans and democrats, but also among

republicans. liz: right, you know, 8.4 million illegal immigrants crossing during this biden white house. 1,242 terrorists on the watch list caught crossing. more than 52,000 -- 50,000 criminal noncitizens encountered and major fireworks, again senators frustrated and secretary mayorkas stone walled, filibustered and dodged questions at a hearing over the historic border crisis. watch this. >> uk has a safe third country policy, doesn't it? >> senator, the uk is underway in addressing its immigration -- >> spain has a safe third country policy, doesn't it? >> senator, if you know the answer to the question, i don't know why you're posing it to me. >> greece has a safe third country policy, doesn't state queens? i want to know if you know. you don't even know how many people are coming into our

country. greece has a stay third country policy. >> senator, i disagree with the statement that you -- >> understood. first thing ft. biden did and you did when you took office was abolish our safe third country policies. if we had a safe third country policy, that means that 71% of the 8.4 million people that you have allowed to come into our country illegally, i'll be conservative and use 6.6 million and 8.4 includes got aways, 7.1% of the 6.6 million people you've allowed into our country illegally would not be hurt in any way. liz: they wouldn't be in the u.s.. do you hear what the senator's tone was? we've heard it repeatedly from other senators and lawmakers, julia, they're frustrated. they're over it. they don't want to hear from

mayorkas dodging, filibustering, repeatedly not answering the question. that's not his job to do propaganda. it's his job to be direct and answer. he answers to the american taxpayer, not just to the white house. >> this is a difficult position for the white house, and this is republicans very much putting them on the defensive about this issue. you see these images of migrants flowing over the southern border and arriving at some of these bigger cities that aren't necessarily equipped to deal with them. this is very much the pressure being ratcheted up on the white house and republicans taking advantage of that in these hearings. liz: they weaken the trump era laws on this and weakened it and just basically put -- said to the world, yeah, you can come. now we've got people from more than 140 nations and new york times report that had showing up at the southern border and putting distress and it's creating a lot of anxiety and problems for border communities, border states and border patrol. jewel i can't recollects you've been terrific and -- julia, you've been terrific and thank you for joining and yous giving

us your insights. good to see you. >> thanks, elizabeth. liz: kevin o'leary is here and michigan town kicks out entire local government. why? because they said yes to polluting more than $2 billion china bank electric car battery plant. green energy is so bad for the environment, no matter what the white house says. this is voter revenge. it's a feel good story for voters. first, check in with our bowed s dagen and sean. >> thank you, emac. joe biden went to meet with the big three and touting a deal with the big three and uaw and trying to make himself look like a guy that gets things down. marjorie taylor green on that and marge play ma morano talkint california cities that understaff. >> jason chaffetz on of course

the left is up set about just a moment, please comer subpoenaing the bidens. and how long before one of the three auto makers in detroit or maybe all three need a taxpayer bailout? we dig into that top of the hour. dazzle razzle. the new dexcom g7 sends your glucose numbers to your phone and watch, so you can always see where you're heading, without fingersticks. dexcom g7 is the most accurate cgm. so, you can manage your diabetes with confidence. ♪ ♪

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liz: kevin o'leary is with us. mr. wonderful, you've been right on the mark and really spot on about green energy being toxic and bad for the environment and this other story, americans across the country are sick of it, they want to kick out and boot out bad local politicians. so what do you make of this news, the michigan township called green charter, they just voted out of office this entire local government board for green lighting a $2.3 billion electric car battery factory that's backed by china. they said, no, we don't want it. >> lot of messages in that one. first of all, i love democracy at work because that's really what happened there. the people made a decision and they affected a change, they didn't like the executional skills of the leadership and wacked them. whacked them. i'm okay with that and brings into a large discussion and most invest sores and most consumers are starting to scrutinize what is the cost of esg?

what is the cost of ev? what is the cost of lithium batteries and how is this going to affect the long term viability of electric cars and charging systems and everything else. i think it's very good because i'm loving what's happening here. the market is being the market. i love the fact people are making their own decisions every day, millions of times over and deciding what they want and don't want. i don't want government subsidizing technologies that aren't proven yet or costs unknown. this is why it's very good to let the market be the market. liz: yeah, you know, it was really interesting, kevin, voters in this michigan township, they were so angry they were so mad they even changed the locks on the doors of the local government office so those politicians couldn't get back in. the residents kept saying they don't want it. it's polluting and polluting the fresh water table in michigan. they didn't like working with communist, china. they were ignoring them too. the president keeps talking up

green energy jobs, kevin. >> well, i think what we're learning now is the cost of this, look at the etfs that people were so excited about 24 months ago that touted esg investing. they're down 40%. a lot of these mandates don't make any money. again, the market being the market, but i love the message that came out of that town. when you decide to serve and you're elected, you serve the people for benefit of the people and they keep you in office while they're happy with your executional skills. every politician should look at what happened here and understand who works for whom. liz: yeah, who works for whom? the thing is you mentioned esg, this is social justice investing and environmental investing. a lot of businesses focus on that to appease, you know, that so called woke culture. now, you know, this israel hamas war, the esg stuff is spiraling out of control. it's coming home to roost because you've got pro palestinian, pro hamas backers

occupying the lobby of blackrock's headquarters building in new york. >> yeah, larry fink before this issue hit him and before any of this occurred in the middle east had started back up doing a huge back yum on esg -- back yum on esg because his constituents and investors saying this is not performing and you're not keeping pace with the s&p 500 and our pension plans are losing out to this idea. it wasn't working because the companies didn't make any money. at the end of the day when you invest and you're a fiduciary, you're trying to help re-tier tire rendition of anthonys keep up with inflation and -- retirees clean up with inflation and overall market and esg found a lot of friction and this all happened in the last six, eight months so i think it's very good. again, my message is let the market be the market. it fixes everything. liz: got it. kevin o'leary, you're terrific. thanks for joining us. >> take care. liz: coming up, former deputy assistant attorney general john yoo and a big set back to the

growing drive to try and kick trump off of the state ballots in the 2024 race. the minnesota supreme court just said no to that. they said, yeah, keep trump on. what this means for the new ait can plan against trump. attack plan. it's next on "the evening edit". to raise a toast and gather together, to wrap up the fun and round up the gang. to help get you ready, your aspen dental denture team is celebrating 25 years of affordable care with an epic anniversary savings event. don't miss enjoying a moment with fast repairs in our onsite labs and 20% off your custom dentures. plus, we have a denture money back guarantee so you can smile with confidence. aspen dental. book today.

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it's good to see you again. this news, the minnesota supreme court rejected, said no to a move to block president trump, former president trump, on the state's primary ballot. the push here has been to cite the 14th amendment on insurrections. the plaintiffs have argued that president trump's actions on january 6th amounted to the an insurrection, disqualify him from appealer on the ballot. but this is a setback for this push to kick him off state ballots. what do you think? >> sadly, this kind of lawsuit is one of many everetts to try -- efforts to the try to the use the legal system the try to the defeat president trump. the minnesota court here reached the right decision, but it's only temporary. they said that because it's the republican party picking the candidate, that this 14th amendment provision doesn't apply. they said we'll wait to see what happens, whether he makes it onto the general election ballot. but, and there are other suits going forward in places like colorado, other states. it's a flawed argument because if you read the text of the 14th

amendment, i encourage everyone to break out their home constitutions and take a look, it doesn't apply to the president. it applies to officers of the united states who are cabinet members and applies to members of congress who engage in insurrection. it doesn't mention the president. the president is a separate office, and so there's no merit to the these lawsuits. elizabeth: wow, that's interesting, what you just said. let's listen to the former president. watch this. >> they indicted me, can you believe? my father and mother are looking down, son, how did that happen? we're so proud of you, son, how did that happen? even that stupid trial going on in new york which has been totally discredited, everybody's been discredited, that all comes out of the white house. that's to discourage people from voting. i will totally obliterate the deep state. we will start by exposing every last crime committed by crooked joe biden, because now that he indicted me, we're allowed to look at him. elizabeth: yeah, you know, his

voter base is so ted the candidated to him. he's -- dedicated to him. he's leading in early primary saints with gop -- states with gop if voters, and in a new emerson poll, trump is beating biden in four swing states. so that matches "the new york times"/sienna college where trump is leading biden in, like, five of six swing statement ises. getting back to this fight, this far-left group has sent letters to at least 15 states to try to remove trump, but you're saying this is all for if naught. but it says 15 day -- states are dealing with it, including colorado. >> so far no judge has actually given any merit to these kind of claims. i hope all these courts will follow minnesota, i hope they do in colorado and say let the people decide in an election. why should judges be involved in deciding who gets on or off the ballot? also no congress, no federal court has found that president trump was involved in ins rex,

has never found this -- insurrection, has never found this clause applies to the presidency. maybe other state courts will say we're going to knock joe biden off because he's engaged in insurrection by letting streams of migrants across southern border without trying to stop them. it could set off a terrible precedent, so i think judges should stay out. elizabeth: john yoo, you're terrific. stst good to see to you. okay, i will be on with greg gutfeld on his show tonight. now, be sure to tune in to the gutfeld show at 10 p.m. eastern standard time. we're going to have a lot of laughs. and joining us tomorrow, pat fallon, gop strategist ford o'connell. we had a good show tonight, we're going to stay on the news tomorrow, thanks or for watching. now it's time for dagen and sean at "the bottom line." dagen: thank you, e-mac. elizabeth: sure. ♪