spent the evening with us. good night from washington. atlanta is gearing up for the super bowl weekend. let us know who you are cheering for. have a great weekend. we'll see you next week. ♪ >> tucker: good evening. welcome to "tucker carlson tonight." an awful lotap happening at this hour in the commonwealth of virginia. the governor of virginia, ralph northam, made headlines mendorsing infanticide on camera. that wasn't a big deal for most people in the press. but this afternoon on first day of black history month a picture concert effect, a yearbook phototo from 1984, of north and wearing black face or a kkk rope in a photograph. that's a problem for ralph northam. trace gallagher is following every development in the story for us tonight and brings out the latest. trace gallagher? >> we should not for clarity,

virginia governor ralph northam ralph northam confirmed he was in the controversial picture in his 1984 medical school yearbook showing someone dressed in a kkk rope" and another wearing black face. he did not state which costume he was wearing, but did issue a statement that reads in part, "i am deeply sorry for the decision made to appear as i did in this photo, and for the hurt that decision caused then and now. this behavior is not in keeping with who i am today and the values i have fought for throughout my career in the helitary and medicine and in the public service. the virginia republican party is condemning the picture saying, racism has no place in virginia. these pictures are wholly inappropriate, if governor northam appeared in black lace or dressed in a kkk rope, he should resign immediately." this marks the second time in recent days that he has drawn heat from republicans. he was also called out to explain his support for a failed to measure that would have

prevented full-term abortions. listen. >> if a mother was in labor, i can tell you exactly what would happen. the infant would be delivered. the infant would be kept comfortable, the infant would be resuscitated if that is what mother and the family desired. and then a discussion will ensu ensue. >> northam worked as a pediatric neologism before being elected to the virginia state senate back in 2007.'s that is notable that northam was quick could into the racial violence thaten rocked charlottesville in august, 2017. virginian democrats might be less resistant to fight any potential resignation of northam because virginia's lieutenant governor, just in fairfax, is an african-american democrat. we will come in with breaking news if it happens. tucker? >> tucker: and it looks like it might. trace gallagher, thank you very much. as you just saw on tape, northam came out in favor of infanticide

this week. we are not exaggerating. you just saw it. he reiterated his views. in a statement today, northam explained that abortion at any stage is a positive good -- this is what to listen to carefully -- because "reproductive radium leads to economic freedom." in other words, a barge and is virtuous because it makes women more efficient employees, better and more beautiful servants of northam's donors. they can work longer hours without worrying about anybody but theirr bosses. northam is in favor of that, so our most prominent democrats, serving their own masters in the private equity class. the press covered all of this of course, to the report as ofng "the washington post," the real crime here was republicans complaining about ralph northam. "abortion bill draws g.o.p. outrage against virginia governor northam, democratic legislators." that is an actual headline. republicans whine too much. infanticide? not a big deal. and then all that changed, you

heard, today, the first day of black history month. a site called big-leagueol politics uncover the photo trees just told us about. what is so interesting about it is that ralph northam spent a lot of his last campaign calling his opponent racist again and again and again. the closing of that campion was an unending flurry of ads putting his republican opponents up against pictures of what happened at charlottesville, the atrocities. there is no evidence at his opponent was racist but northam said it a lot. strikingly, northam's opponents never took pictures of themselves in blackface organa ku klux klan robe. there is irony in this story. as of right now, a number of prominent democrats, kamala harris among them, have called foror northam's resignatn over this but there are many in this party, particularly in virginia, who are standing by him. those democrats personally opposed blackface and klan robes as a matter of conscience come

up with they don't want them relegated to some back alley. they want them to be safe, legal, and rare, a private matter between what the politician and his donors. for now, governor northam will become comfortable, we can be certain of that. he'll be resuscitated if that is what his party desires. dave rubin hosts "the rubin report" on youtube and he joins us tonight. do you find it striking, dave, that in the very week that these comments come out on d d camera, they are unequivocal. if a child is born gravely disabled, you have a right to kill the child. that sort of is dismissed as something that crackpots care about and then on 1984 yearbook photo looks to me like it will end his career tonight. >> yeah, i don't know that a politician could have much worse of a week than he he is having right at this very moment. tucker, one of the things that you and i disagree on is i disagreesi dumb i consider mysef begrudgingly pro-choice, 20 weeks is the cut off, iut know that that is an imperfect position. but the left has gone so crazy h on abortion.ee it was illustrated by way said

this week, that that is making decent liberals have a harder time taking moderate positions. then when it comes to the photograph, it's like, look, it is only within the last, what, two, three months, that we were dealing with high school yearbooks and brett kavanaugh, and there was going to be no chance that people on the left are going t to be willing to gie him a second chance to explain himself or anything else. and it's unclear now whether he is the one that's in blackface with a kkk hood. he didn't say which one he was. by the rules that he is their establishing, he has to step down. it's awful. no one should be doing that. that being said, there is a piece of meht p t that there ist of me that cautions me that mutually assured destruction is not a good idea. we should worry about where that will lead us as a country, as we are all imperfect people, but this is a case where a scene of a situationon where he can't stp down. he is from the party that calls

all of you guys, the conservatives, racist. how can they possibly defend him right now? >> tucker: i think that's right. i just keep thinking this, i lived in this country in 1984. i was dating the same girl i'm with right now. it wasn't that long ago. klbody i knew ever had pictures of klan robes -- i don't want to add to then pylon but where was this? that was weird behavior even in 1984, i'm here to tell t you. >> you're a little older than me, i was only eight in 1984. i don't remember anyone doing that. people do all sorts of weird things, people where weird, offended hollowing costumes, and i think people have a right to wear and say whatever they want, doesn't mean you will have followed her face the f repercussions for that, that is fine. but by the rules we are playing with right now, they cannot let him off the hook. if they do, it would actually fuel the fire that the really far left progressive's are always stoking, which is that the establishment or the main

part of the democrats or i whatever it is is racist. and then they really have a point. i think they have to get rid of him and we've got to figure out a way to acknowledge that people change over time. i don't know what his personal beliefs are. he called his opponent racist, as you pointed out before, and i don't know there is any evidence of that, and sadly we live in a time where most of the people who are calling everyone else racist and bigots and homophobes usually are the ones harboring those actual feelings because i don't see it that much from conservatives these days. >> tucker: [laughs] or from anybody. i don't know what they are talking about. i agree with you completely. dave rubin, thank you for that wise analysis. i appreciate it. a democrat radio host and a former aide to senator chuck schumer, chris hahn joins ust tonight. do you find it strange, chris hahn, that you can come out in public and say that it's okay to kill a child that has been born, which is what he said, then he said it again, and everyone was like, oh, that's not a big deali

infanticide, killing a human being, whatever. they are okay with that. and then on the face of the yearbook photo, he's probably going to resign, i would assume, by the end of tonight. do you think it strange? >> i've discussed the infanticide thing out ad nauseam. he was not calling for the killing of babies born alive. he was talking about difficult end-of-life decisions for babies who are born severely disabled and may die unless kept on resuscitation. let's save that for another day, tucker. he needs to resign right now. >> tucker: [laughs] >> he needs to resign right now. heig has to go. there is no apology. he may have changed, but serving in public life is a privilege and it should not be tainted by disdain of such a racist thing. >> tucker: i'm against racism. i make an argument pretty explicitly against it every night on the show, for which i'm often called t a reese's. i just wonder what the standard is.

keith ellison was a member of the nation of islam, who called for a black death no state, and worshiped louis farrakhan as a godlike figure but that is totally cool because why? >> look, there are a lot of things -- i don't know all the details -- >> tucker: vice chairman of the dnc.'t he was a member of the nation of islam, he called for a black f no state, and he was thee vice-chairman of your party, ans said anything about it. i might have mentioned at 30 times. no one cared. i'm just wondering, what is the standard. >> i think the standard right here is very clear when it comes to ralph northam on what he did. i think you need to go immediately. lots ofhink there are people in politics right now, like steve king of iowa, who need to go immediately. too many people play around with racism in this country and get to stay. >> tucker: okay, what about -- calling for a black f no state -- we've explained it many times on the show, maybe there

is an argument in favor of that, i don't know what it would become but why is that okay? stevee king, whatever he said, e did not call for a ethnostate. >> he called himself a white nationalist. >> tucker: whatever.e i'm not here to defend steve king. i'm saying he didn't say that and keith ellison dead. the number tickle man in your party. so what -- i mean, why -- >> tell the rest of us but the standard is sprayed >> why is ii all right that steve scalise said he was david duke without the i baggage and use a number o ranking republican in the house of representatives? there is a lot of things that need to be sorted out. we need to w get to a place whee we don't have racism on people who are stoking racial issues in a bad way. >> tucker: i agree with that 100%. i agree.is people should not be punished or rewarded on the basis of their skin color. that is the definition of racism and not only is it happening, it's expanding in this country,

and the left is pushing it. they should be ashamed of that. let me ask you this. what about poor edbo gillespie, who, whatever you think of his mpolitics, they are not my politics, but there is no evidence he's a racist. he's a decent man, actually. this northam character called him a racist don't know mike repeatedly and he is the one in the black face and the klan outside. s as someone owe him an apology at some point? >> no. gillespie ran a campaign that was all about the statue of robert e. lee. now what does that stand for? whoha is that appealing to? you know who that's appealing to? can i tell you that's appealing to? >> tucker: that's not true! >> 1984 ralph northam. people disliked it. >> tucker: hold on, i live here. right across the river from virginia. he did not run a campaign that was all about a robert e. lee statue. there is no evidence he's racist.. i don't think there is a picture

of ed gillespie in blackface or a klan hood. i'm just saying, if the guy in the klan hood is calling you a racist, maybe you deserve an apology. that's all i'm saying. do you think? or no? >> i don't think he deserves an apology. i think his campaign did a lot of race baiting. not just the robert e. lee statue -- the people in the hood is coming to get you -- it is what it is. that is politics. that is a campaign. ed gillespie, who is not even from virginia, not from the south -- >> tucker: as a separate argument. >> appealing to a type of order that would have been in that picture in 1984. >> tucker: i will say his campaign did not find this picture but neither to "the washington post" ." 's"the washington post" is not a serious newspaper, it's a joke. nor his primary opponent brady >> tucker: i agree. but "the post" got this newsletter run by the richest men in the world, jeff bezos, really a shameful publication, but it got pretty forensic with ed gillespie, i remember, quite. they couldn't find a yearbook

photo of the guy running for governor? why do you think that is? >> i gotot to tell you, this is some of the worst opposition research i've ever seen in my life. how one of his primary opponents or his political opponents or the local papers are the national press, for that matter, found this picture is beyond me. this was a hotly contested race. you would think that there would be no stone unturned. they would have talked to friends from college to find out what happened. they did not. this was poor opposition research by everybody involved here, and it's time for him to go. >> tucker: it's not even opposition research, just reporting. maybe we can get "the washington post" guys who were assigned to ralph northam on the show to explain how they missed this. the genius. >> i have done operation research in my life, and the first thing you do is try to find pictures of them from when they were in college. otthis is not -- >> tucker: brett kavanaugh. [laughs] they areke shells, that's why.

it's not a newspaper. it's a newsletter for the democratic party, as you will not. chris hahn, great to see you. thank you. >> nice seeing you, tucker. >> tucker: across the country, democrats have been pushing for abortion to the moment of birth. we are not making that up. it's hard to miss. but when the daily colors henry rogers asked members of congress about governor northam and his defense of infanticide, they pleaded total ignorance of this. >> y do you agree with governor northam's comments about late-term abortion? >> i have no idea what he said. i have no idea what's happening there. >> do you agree with governor northam's late-term abortion comments? >> i don't know what he? he sa. >> you have no idea what he said? >> do you to agree with governor northam's comments on late-term abortion yesterday? >> i do not hear about it. >> tucker: [laughs] they must have been zen buddhist retreats. silent retreats, big sur or somethingbe. these people. prayed lives.

[laughs] nancy pelosi said she had no idea either. watch this. >> considering the comments from governor northam yesterday, how does thatak make it harder for pro-life democrats, does that cost problem? sorry, i just don't know what he said yesterday. >> tucker: you, just don't know. i don't have internet access. if only ralph northam had said that he wanted doctors to wearce blackface while committing infanticide, that would have gotten some attention. abby johnson is a former planned parenthood director. she's a pro-life activist angie joined usvi tonight. thank you very much for coming on. it is so interesting how an entire party can push a policy position and then refused to talk about it i'm a much less debated. why not just say, we are for this? >> they are lying. they've all seen the clip. they all know what he said. i think even now, pro-choice democrats are going, is that a little too far? we don't know? do we support this guy, do we not? it so extreme. even pro-choicers on social media are saying, wait a minute, what are we talking about here?

so i think even people in their own party, they don't even know how to defend this. >> tucker: it's completely extreme, but it's not necessarily a surprise. professor singer at princeton, a leading ethicist, has been pushing for infanticide for aus long time, and he hasn't been drummed out of academia. some of these bills, the one in new york, pending in rhode island, vermont, virginiai they all sort of say the same thing, which is that viability means nothing at all. >> yeah, even the one in vermont is so extreme. i mean, at least in some of these other states, we have the lie of the health of the mother, which basically means anything. but at least you have to give some sort of excuse. but in vermont, we are talking about elective abortion through the date of birth. so we are talking about, if the woman is laboring with her baby and she decides right before the baby's about to come out, you know what, i don't think i want to do this anymore, then the

doctor or whoever has the ability to take the life of that baby. and when you look at what governor northam said, what does that mean? so the baby is born alive, and then what? the parents get to decide? was going to happen to the baby? what does that mean? to reserve the baby? to suffocated baby? it's insane that a pediatric neurosurgeon is actually championing these sorts of bills. >> tucker: i guess what bothers me most is there is no public conversation about this. i do think, as you just said, a lot people who think of themselves as pro-choice and don't want the government to get involved -- i don't agree with that personally but i understand where they are coming from. i don't think they are bad people. i think this is just so far -- too far. i don't think anyone in america supports the stuff and most people don't even know it'ser happening because there's no conversation about it. >> this is not new. colorado, there is a doctor in boulder, colorado, that has been aborting babies up until the

date of birth for any reason, for many, many years.ne it's happening in albuquerque, new mexico. it's happening in maryland. this has been happening. but i'm really thankful that now we sort of have a national platform to be talking about these issues. it is happening. is not just happening to babies who have terminal illnesses. late-term abortions are happening on live, healthy, viablen babies. >> tucker: i think pro-lifers need to start to think of those babies are here illegally. maybe kevin newsom will ride to their rescue, chain himself to a planned parenthood door. probably wouldn't. very thank you very much much. >> thank you so much. >> tucker: as we have been telling you, there's a lot going on in the state of virginia tonight forre the governor ther, ralph northam, is hanging on, it appears to be, by a thread. will he resigned? we will be the first to bring it to you if he does during this hour. also ahead, the president may have to declare a national t emergency if he wants to build the border wall. what would that entail? 's or any precedent for it?e

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attention at all. in 1976, connor, congress passed the national emergencies act by that law grants the presidentcy the power to declare a state of emergency in response to virtually anything if he thinks is necessary.ci national emergencies can be renewed annually and routinely are. congress can only block a state of emergency with a two-thirds vote. it's a a very broad law and has been applied a lot. it began in 1979. jimmy carter declared a national remergency to keep iranian government property from entering the united states. that emergency is still ongoing despite being older than alexandria ocasio-cortez, for example. since that date, american presidents have declared to know fewer than 58 national emergencies. 31 of them are still ongoing right now. the average age of emergency in this country has lasted for nine and a half years. so what are some of these emergencies? some really were emergencies. september, 2001 for example. president bush announced receipt of emergency.

that give the white house greater authority to mobilize the military, call up the national guard, and perform other counterterrorist actions. that emergency has been dutifully renewed each of the past 18 years. so that was real. we also had a decade-longwi national emergency to combat the swine flu. president trump has declared three national emergencies already. but yout. didn't know that. one of them sanction those who use social media to influence elections. those dastardly macedonians. another national emergency condemned the government of nicaraguan president daniel ortega. that was a national emergency. yet another ongoing national emergency punishes anyone who works to "undermine the sovereignty of lebanon." lebanon. you see the point here? in washington come protecting the sovereignty of a faraway oiddle eastern country that very few americans will ever go to qualifies as a national emergency. protecting our own country's sovereignty is "immoral," and we are not overstating that. this become a focal freshman democrats of the house cosigned

a letter demanding lower funding for america's border enforcement. in other words, it is virtuous to protect others, it is wrong tous protect ourselves and our n children. what is the name for that attitude? self-hatred would be one. should people who hate the country be in charge of it? douglas mcgregor is a retired u.s. army colonel who has worked to defend the country, author of the book "margin of victory," he joins us tonight. colonel, thank you very much for coming on. do you think it's wise for the president to declare a national emergency to secure the border? 30 absolutely, without question. if you've got 30 million illegal residents inside your country, who violated your borders, disregarded the rule of law, you've got a national emergency. we've had this for many years. it's the case. secondly, only the president can address this. he has the constitutional authority to doss so. what he needs is an executive order modeled on what i have written and i think it is now widely appreciated inside the fox news community, that

effectively says, look, secretary of the army, your mission is to secure the border. you've got 30 days, use whatever forces you need. we'll write up the rules of engagement. we'll provide you with whatever funding is necessary but you will secure the border. while the army does that, we can proceed with building barriers. we also have an organization called the u.s. army corps of engineers. they can be tasked to build barriers. all of the funds necessary -- >> tucker: i thought they were doing it for flood control. >> [laughs] they have a fraud flood control missions inside the united states but the point is,e army forces that are engineers. brigades of engineers that can be put to work on the border. build barriers. he doesn't need special permission. he has the constitutional authority t to act as the commander in chief. he doesn't need any help fromat congress at all. so this is a national emergency. let there be no doubt about it. to be when you are confusing me. i live here.

it was my understanding, the point of the u.s. armed forces was to guarantee the sovereignty of the countries will never visit and can't spell. that is not the case? the sovereignty of lebanon, for example? >> here's good news. we have thousands of soldiers, sergeants, lieutenants, captains, majors, lieutenant colonel's, who have guarded and secured other people's borders, so they know exactly how to door this. all we are trying to do is defend our own borders. when you defend it, you defend it, you defend it. if someone tries to address your border, you stop them. once you stop them, you can you can biologically tag them so you have them in a database and you turn them around and send them back. you tell them, if you come back again, you will face prison time. prosecuted for violating our laws. that is how you expel people. you don't just leave your borders open at say, here's the camp, move into it while we decide what to do with you. the president can outline these

legal restrictions in an executive order. and he need to do it as soon as possible. >> tucker: this would not n be the first time the u.s. military has secure the american border? that's why we have a military. >> the army was there from 1846 to 1946. >> tucker: exactly. why are white house lawyers telling the president that he does not have the authority to do this? >> that's an easy answer. becausee the president has surrounded himself the last two years with people who are there to support him, to distract his agenda. everyone is there to tell him no. that is not an answer he should accept. he has the authority to act. i was glad to see that he took the secretary of the army with him to visit the border. i have the secretary of the army is thinking about this.hen >> tucker: as a secretary of the army have power to make laws? >>it no, but he can defend the borders of the united states. >> tucker: colonel, thank you very much for that.

pinteresting. the president spent thehe last week defending the government's power to have an armed squad sees you and the dead of night for the crime of alleged perjury. roger stone is the man who was seized and four in four fort lauderdale barefoot and he joins us to respond to the media glee. that's after the break. ♪

>> tucke >> tucker: since the arrest of longtime donald trump advisor roger stone, the president has rallied around the people who arrested him and around a very specific interpretation of events.er it was completely justified, they say, for the fbi to show up with enough arm agents to overthrow central american country. if stone said he was upset by all of that, that he must be lying. >> the fbi had information that he might try to destroy evidence.ce so they went in with an appropriate level of apprehension. >> they had every reason toso believe he was going to destroy evidence, he threatened witnesses, a witness at least, and he was playing hard ball back. >> how does it differ from other

people surrounding a house? i don't think it is a different breed by the way, the guy spent the entire day in front of news cameras. clearly he was traumatized. >> tucker: who would put that guy on tv? asked if it's a disgrace. the former cia director john brennan speaking of disgrace, insinuated that he was hannibal lector's long-lost cousin. watch this. >> what's happened with roger stone was, in keeping with the standard operatingce proceduresf the fbi, they were conducting an arrest and executing a search warrant. let's not forget, roger stone has a fair amount of unstable activities and comments he made. stealing someone's dog, telling someone, randy critical, prepare to die. not somebody you want to trifle with. >> tucker: john brennan, the guy you saw talking, one slide to the public, you, me, the rest of us come about killing civilians with drawn bombs. that's not a big deal, really. still got a cable contract. so o what does roger stone haveo

stay about thehe coverage of his arrest? will ask him. he set tonight. roger stone, thank you for joining us. don't you have a gag order? >> the judge said today that she's considering one. she asked for the government and for my attorneys to submit their thoughts aboutou that. i will refrain from speaking about the specifics of the indictment because i think i have addressed it to the extent that i'm going to. but i'm very interested in what's happened here because one of my neighborsow has now signea sworn affidavit come out walking their dog, and cnn crew, their trucks showed up roughly a half an hour, 35 minutes before the fbi. i live in a dead end street. the street was sealed. but they were allowed to stay in position right in front of my house. now if i was dangerous, which is the premise of this raid, why were they allowed to stay within the danger zone? why would they put in harm's way? the idea that i'm a flight risk is ridiculous. i don't have a valid passport. although i support the

second amendment, i don't own a gun, there were no firearms in thee. house. i've been under investigation for two years. so what information did the fbi have that i would destroy evidence? >> tucker:ke ir: don't know. john brennan, who is a liar, -- >>ia john brennan, who did perj perjure -- >> dog kidnapping. >> that is in the indictment, i will address it at the appropriate time because is not true. i've written extensively on animal welfare rates for "the daily caller" and have worked hard to stop the government from conducting inhumane scientific experiments on dogs and cats. >> tucker: you are a y dog lover. >> john brennan perjured himself twice before the congress, once involving the role of the steele dossier in the fisa warrants and second regarding his breaking into the computers of a senate committee looking into illegal torture by the cia. >> tucker: not a big deal. >>bu but he's not being prosecuted, like

mr. james comey, mr. mccabe, rod rosenstein, mr. christopher wray, general clapper, of course, who said that there is no data collection process. then hillary clinton herself. most people have perjured themselves but i am being prosecuted for perjury. >> tucker: they never gave him the figure to the man, though, and that be your main problem. let me ask you about the day of thee arrest, it we week ago today. you said that cnn remained within the security perimeter. >> yes. >> tucker: during a raid that clearly they must've considered dangerous because they had automatic weapons, at least one arresting officer had two rifles with him and a sidearm. a lot of guns. how do you think cnn was allowed to stay there? how does that make sense? >> i don't know. i hope senator lindsey graham and the house republicans will get to the bottom of that. i would like to know who signed off on this raid. the main reason that the gorder concerns me is because i need to be able to raise the money to

mount a defense. they have unlimited taxpayer dollars, three platoons of ivy league left-wing lawyers to prosecute me, they've just given us an enormous amount of material and discovery that we have to go through, three terabytes, according to their press release. unless people can go to stone defense fund.com, unless i have a forum to promote it, i can't possibly raise enough money.ke >> tucker: on what grounds, and your first amendment rights? >> as you know, they gagged paul manafort in his trial. i would be prejudicing witnesses. pardon, for registering a jury. that was all purpose of this raid, do hold me up as public enemy number one. >> tucker: to use a cable news channel is a p.r. agency. if they gag you can take your rights away, does that mean they are no longer allowed to leak to cnn against duke? >> an interesting question. the whole purpose of the gag would be so that i don't poison

a potential jury pool but they p just pointed a potential jury pool by making me look like el chapo or pablo escobar. >> tucker: it seems a little bit one-sided. soso they can arrest you with overwhelming force and automatic weapons and armored vehicles and stun grenades, and then they can force you not to speak in public but they can still say whatever they want about you to news organizations. >> and leak. two years of leaks, as you know, that i i was going to be arrestd every other tuesday. it's destroyed my business. the censorship of my show on info wars, and censorship of my facebook page has hurt my book sales dramatically. i was a "new york times" p best-selling author. so this is part of the plan, destroy you financially, so, like general flynn, you have to plead guilty to something you didn't do. >> tucker: unbelievable. we areu always welcome on the show. gag order or not. thank you very much. michael caputo is a former advisor to the trump campaign,

spent a lot of time around the mueller investigation and he joins us tonight. what is michael caputo, the right course for someone under a gag order? it does seem a little strange in a country that, at least the one i grew up in, we bragged about our right to say what is true. what happens if you violated? >> also, by the way, if you are roger stone, and that's the way you make your living in the media, speaking about current events, speaking about the investigation, and you put a gag order on a guy, that's like telling robert mueller he's not allowed to investigate anymore. you will cut back his ability to even make enough money to pay his bills, let alone pay his legal bills. this is a bit different than paul manafort. paul manafort was not a media commentator. paul manafort was a political consultant. giving him a gag order didn't really affect his ability to

make a living. roger stone is already broke because of this investigation. they've killed his ability to make a living as a consultant. all he's got aces media commentary. and now they will cut that back, too? >> tucker: it just seems like fairness is the baseline that everybody wants, or should want. so if you're telling a man, you are no longer protected by the bill of rights, you are not allowed to speak in public, and if you do, you will go to jail, thenou shouldn't anyone and the mueller office who leaks to the press about stone go to jail? >> no doubt. i think as well, let's not forget, theea profligate leakers at the house permanent select committee ontt intelligence, the senate selecten committee on intelligence, others that are leaking right, left, every day come all day long, parts of roger stone's testimony before the house wered, leaked. we know where those leaks are coming from. the great thing about this case -- i hate to see one of my best friends in front of a court, dragging these things out -- probably has to raise 50,

$60,000 a month to keep up with a legal bills but the one thing we get to see is chairman adam schiff, representative eric swalwell, and the others, most likely leaking this information to the media, getting to be brought in i front of the jury n this case and cross-examined. i will tell you this. roger stone is one of my best friends. perhaps my best friend. m i was his driver 30 years ago, tucker. i talked to him -- not every day but certainly every other day, frequently for 35 years. i have not been able to speak m with him since the moment of his arrest. roger stone's attorneys are taking a real hard look at what the judge is going to be upset about. there's an abundance of caution. none of us who are close to roger are speaking to him right now t. >> tucker: be careful. michael caputo, thank you very much. >> no kidding. >> tucker: a fox news alert.

governor ralph northam of virginia has just released a video statement on twitter. in the video, the governor makes it clear he will not resign from his office as a number from democrats have called on him to do and is determined to serve out the full four your term. as we said, many on twitter has said he will resign immediately over the newly released yearbook photo in which he is either dressed in black face or a klan hood. this is the candidate who calls his opponent in last year's race a racist. elizabeth warren now apologizing to the cherokee tribe are taking a dna test. a sign that identity politics is the politics of the moment. is that good for the country? after the break, we'll explain. ♪

♪ gl >> tucker: increasingly identity politics is not a concern of the fringe left.t. it is the politics that dominates our national conversation. elizabeth warren apologizing today to the f cherokee nation t taking a dna test. that's not allowed anymore. meanwhile, had of issuing the party's response to the state of the union address, the 2018 georgia gubernatorial ball candidate stacey abrams has written an essay demanding more

identity politics and american life. what is identity politics? fox correspondent david spun joins us tonight. >> elizabeth warren announced to be running for president, putting an exploratory committee out at the end of december. she still notor exploratory phae but making weights for these comments about billionaire "freeloaders." appearing on cnbc yesterday, she wants billionaires to pick up their fair share. >> i want these billionaires to stop being freeloaders. i want them to pick up their fair share. >> asking for billionaires to pay for more is not uncommon in politics but calling them freeloaders garnered a lot of attention this u week. warren also introduced an alter millionaire tax for those who have more than $50 million in the bank. she also made headlines this week for apologizing to the cherokee nation for her dna test that she took back in the fall. for years, or native american ancestry claim has followed her and the dna test proved she did have native american blood but many, many generations back by the cherokee nation released a statement this week saying,

"senator warren has reached out to us and apologized to the tribe. we are encouraged by this dialogue and understanding.ri being a cherokee nation tribalte citizen is rooted in centuries of cultural roles and laws, not through a dna test." speaking of identity politics, cca trump's will be delivering a democratic response to the state of the union on tuesday and she wrote this essay published in embracing identity politics. shety want to show you what wrote. "instead, americans must thoughtfully pursue and expand identity conscious politics. new, vibrant, noisy voices represent the strongest tool to manage the growing pains of multicultural coexistence. by embracing identity and it's prickly, uncomfortable contours, americans will become more likely to grow as one." before the state of the union on tuesday, abrams will be in the super bowl ad on sunday paid for by fair fight action, the democratic voting rights group. tucker? >> tucker: holy smokes. we'll be following it. thank you.

an upgrade to a story we have been watching. chicagove police still investigating the alleged assault on the television actor jussie smollett. he saidd he was attacked early tuesday morning of this week by two men who put a noose around his neck, used racial slurs, and refer to the city of chicago as buy maga to country. so far they have been able to find any video of the attack on hard evidence they occurred. some in washington are not waiting for the fax to emerge. democratic presidential candidate kamala harris and cory booker both described the attack as an attempted lynching. we'll continue to follow that story. yet another smoking gun that we are promised in the russia collusion story has evaporated into smoke. dan bongino after the break. ♪

♪ >> tucker: as you know well if you read "the washington post" magazine or newspaper or whatever it is now.on in the summer of 2016, donald trump jr. met with a russian lawyer in trump tower.r the pivotal event ofer the lastow decade. perhaps generation. before and after that meeting, young mr. trump made some phone calls, very suspicious phone calls. and all this assumed those phone calls were either to vladimir putin himself or to his father, the president. >> donald trump jr. talked

to -- had a phone call and then made a phone call right after that to a blocked number. and then he called right back to a blocked number. so we know that this blocked number may very well be donald trump. >> sandwich between those calls back and forth between don jr. is a blocked call. and we wanted to know did that come from the president? was the president involved in the planning or the approval of this meeting? so we said let'sg subpoena the phone records and find out. >> the timing right in the heat of this meeting makes it sound like he was calling somebody to report about the meeting and what was going on with it. >> tucker: blocked number. it can only be three things, the president, vladimir putin at the kremlin, or his handler, somewhere in russia. well, it turnsre out it wasn't any of those things. it turns out that donald trump jr. was calling a business associate. oops? but don't let the facts

induce any self-reflection. please. dan bongino is a former secret service agent author of "spy gate attempt to sabotage donald j. trump" joins us tonight. if i got a call from a blocked number you are saying it's not necessarily the president? >> tucker, let's be clear, there was never any evidence whatsoever that don jr. called his father after this meeting. none.at what you just played with adam schiff and i believe it was swalwell, that was nothing more thans a conspiracy theory. this was another one of those, tucker, if true stories. you know, if true that don jr. called -- it was never true. there was never a scintilla of evidence. here is what is interesting, tucker. they seem so fascinated about the communications amongst don jr. after this infamous trump tower meeting, right? but what they won't tell youus is what is already on the record is the two russians that showed up did have meetings after the don jr. trump tower meeting.

one of them met with fusion gps who prepared the notes and the other one went out to dinner with a lawyer who is a close friend to the clintons whose wife was a higher up in the clinton administration. but don't worry, nothing to see here, folks. don't worry. we're only concerned about the blocked number phone call.. >> tucker: how could a florid rid conspiracy nut, a russia truther wind up as the chairman of the house intelligence committee? how does that happen in a normal country? >> and, tucker, receive no serious pushke pk. back. if you and i were to go on the air with a widely debunked, what you thought to be a fact that he called his dad and he didn't, it's not in dispute anymore, we would never hear the end of it from anyone. conspiracy theory. the title would be thrown out forever. this is now the fourth or fifth time we have seen a prominent democrat run with a debunked hoax anti-trump story and, tucker, almost nothing happens to their reputations at all. it's brushed off like

nothing ever happened. this was the key component to their whole collusion conspiracy. they met with these evil russians and then don jr. talked to dad, except it didn't happen, and the russians were connected to the clintons. >> tucker: let me ask you really quickly, news of the day ralph northam say he is not going it resign suggest he and his party are pro-choice on planned. >> i couldn't run with it because i couldn't verify it do you know what this tells you? people in the democratic party probably knew about it a long time ago if i had it in october. i can prove that. >> tucker: maybe can youa come on next week and we can do a forensic reexamination of where it came from. dan bongino, have the best weekend. >> thank you. good to see you, tucker. >> tucker: we hope you do too. we will be backod monday night, the one after sunday at 8:00 p.m. the show that is the sworn enemy of the lying, pomposity,

smugness, and groupthink. if you can unplug for the days, you and your family will be better for it. sean hannity from new york is next. judge jeanine pirro sitting in. have a great weekend. ♪ ♪ >> judge jeanine: welcome to this special edition of "hannity," the rise of the radical left. we have major update out of virginia. there are now growing calls for democratic governor ralph northam to resign immediately over what is a disturbing, racist photo of acnortham from the 1980s. joining us now live with more is trace gallagher. trace? >> and judge, virginia governor ralph northam has now confirmed that he was in the controversial picture. 1984 d medical school yearbook showing someo d