could just watch it. it looks fun. thanks, don mike for inviting us into your home tonight. that's it for "special report." fox news prime time. have you seen the show? well, this night and all week hosted by trey gowdy starts right now. hey, trey. >> hey brett. sunny and 70 here. enjoy the snow in d.c. >> bret: you bet. ♪ ♪ >> trey: welcome to "fox new primetime." i'm trey gowdy and i will be your host this week. i want to first start by saying thank you. thank you for joining us. your time and your resources. you have a time and choice on where to spend them. i just want to say i'm grateful that you are with us tonight. today, president joe biden met with 10 republican senators on the issue of a possible covid relief package. ordinarily meetings are good. dialogue is good. but only if you know what your objective is ahead of time.

and to know your objective, you have to know what your core values are. so, what is the republican position on covid relief? is there some consensus within the party on what that relief package should look like? and who exactly is doing the negotiating for the republicans? it is becoming increasingly clear that republicans do not always speak the same language and sometimes there is no one directing the choir. take the issue of stimulus checks. some conservatives argue, yes, there are people in need and yes they deserve help. but that is not the role of the federal government. it is a minority position, for sure, but it is in fact a position of some conservatives. i think the better position is federal and state governments essentially took income and jobs and opportunities in an effort to control the pandemic. and by took, i mean under the takings clause of the

constitution. jobs, income, opportunity were taken in an effort to control the virus. and we understand why government took action and we understand why that action was warranted. but the government must make people hold for what was lost. once we accept that there was a taking of sorts by government in an effort to advance a larger goal, there must be compensation. think about the highways you drive on, the airport to fly in and out appeared who owned the land of those roadways and runways we are on? who owns the land that your schools are on? who owns the land of interstate highway system? and the roads that are yet to be built? who owns that land? your fellow citizens owned that land. that's who. your fellow citizens own much if not all of that land and get it was taken. it was taken for what it was deemed to be a higher purpose. and with the taking has to come

appropriate compensation. it is entirely constitutional. it is the conservative position if government takes something and their desire for higher purpose, there has to be compensation. the issue then becomes what is the proper amount of compensation? some people have not been financially hurt by this pandemic. they have been impacted, for sure in other ways. we all have. but if you have suffered no economic loss, there is no need for compensation for that. if nothing is taken, then nothing is owed. but for those who did lose, chances are great that it was more than $600. it was more than $1400. it was perhaps even more than $2,000. so, isn't the better argument to determine who is in need and then have a sliding scale based on real losses suffered by the american people? why is that not the better argument? fair compensation for government taking.

that requires a government smart and nimble enough to actually determine who has been impacted and who has not and then compensate those who are truly hurting. that used to be conservatism. a limited federal government that excels at its core functions and inspires public trust in the process. the conservative movement wants to find those who have been impacted. populism just wants to give everybody money whether they deserve it or not. a vibrant republic debates these issues and a vibrant political party knows what it believes before it takes meetings with the president at the white house. it so, how vibrant is the g.o.p.? joining me now, editor katie? how are you? >> good, trey. good to see you.

>> trey: it's good to see you also. so, there was a meeting at the white house and there are 10 g.o.p. senators. are they supposed to represent all the senators or are they representing conservatism? i mean, who are they and how did they get there? >> well, first of all i think they would say they are representing their constituents. the group of republicans that were there today would be considered the more moderate version of the g.o.p. mitt romney, for example. and you have to remember that they are the ones that sent a letter, ten of the senators, to joe biden to ask the house to have a conversation. joe biden didn't reach out to them. he wanted to bring the country together on this issue. now these republicans are offering a slimmed-down version of what joe biden wants. so they are offering a $600 billion package. and they are saying instead of doing this one size fits all to trillion dollar package when they have already spent a lot of

money on this covid relief already, let's take a step back and keep it more limited in the $600 billion figure. in terms of who they represent, you would say they are the more moderate version of what you see on capitol hill. tom from north carolina was there. a number of different senators. >> trey: well, katie, i made a d in my last math class. i want to confess that. but there are 50 democrats. 50 plus ten is 60 or am i just being cynical? are there 10 senators for a reason? >> there may be ten different senators for a reason. they are looking to work with joe biden on this. we don't want this to be a bernie sanders-led operation where he is in charge of the budget committee.

you have senators like rick scott for example saying that this is just a big throwback to all of bertie's friends and the far left getting their dues and getting joe biden into office. now, yes, the number 10 gives republicans some room to work with democrats. that may happen. we have heard a whole lot of talk about moderate democrats like joe manchin but you really have the susan collins and mitt romney of the senate now. they have a lot of power when it comes to working with democrats and trying to make some compromise as you said to get over that filibuster. >> trey: thank you, katie. now let's bring in one of the united states senators who i wasn't invited or didn't accept the invitation to the great state of south carolina, senator tim scott. how are you? speak i'm doing well. i hope you're doing well. >> trey: i am. thank you. it would hurt my feelings that you were not invited to that

meeting. were you invited and declined or were you the 40 that didn't get invited? >> well, it must have hurt your feelings because i looked through the mail and i haven't found that invitation yet. so i would assume that it was not sent. i think you make a very good point earlier in the show when you asked what is the magic number to get things done in the senate? the number is 60 and 40 of us certainly were not invited. >> trey: well, let me ask you this, senator. if you were to state the republican position, the conservative position on covid-19 and the relief package, what is it? what does the party believe is appropriate? >> well trey, i think one of the things we should recognize is number one, over 2020, this country spent $6.5 trillion, trillion dollars overall. over $4 trillion on covid

relief. in december, we approved another $900 billion and less than 20% of those dollars have been spent. the question is what's the hurry? we don't even know what happened with the december $900 billion. and so what we have to do now is take a step back and find out how to effectively manage this virus. and i would say that perhaps we're already there. but we won't know because we haven't spent all of the resources deployed to help america recover from this global pandemic. and until we do that, it is way too early to negotiate a $2 trillion package or a trillion dollar package when a $900 billion package that we approved has not been spent. >> trey: now, hang on a second, senator. i've got to stop you there. that was a revolutionary thought process you just had.

wait and see whether or not the money works before you appropriate more money. is that the revolutionary thought that you just espoused on television? see if the other one works? and then we will come in and flush it out? >> absolutely. in south carolina, you don't spend money you don't have and you certainly don't spend the money you already spent that hasn't been spent. i know that's a lot of spending but at the end of the day we should not move forward until we understand and appreciate how the $900 billion -- go for instance, trey, $80 billion plus was to reopen schools. have they reopened? how do we measure that? there's a lot that comes off the door. when the door opens, kids walk in. let's just use common sense to decide where we are and is that good enough. >> trey: all right senator, i want to ask you about one of your old colleagues, kamala harris. she appeared to be putting

pressure on joe manchin. you know joe manchin. i don't think they are going to be susceptible to pressure from kamala harris, but maybe i'm wrong. >> well, i think you are right, especially when you start having the vice president talk about destroying cold jobs in west virginia and suggesting that the things they should do is to go find landmines. number one, one of the reasons why america thinks d.c. is a swamp is too many politicians talk about things they have never done and also refer to things they would never do. we should thank god that we have a military that is looking for ways to take care of the landmines. but why would you send a coal miner there who is really good at coal mining but has never been in landmines? that is just ridiculous hyperbole coming from the vice president and it is sad to hear. the good news is those two

democrats that you talked about, they are not easy to persuade by using that type of hyperbole. >> trey: yet, my guess is that coal miners in west virginia do not need employment advice from a progressive lawyer in san francisco. but that's just my guess. i'm going to ask you this. when i look and think about the future of the republican party, when i look for it, i see you. i see your face. is there something that you would like to tell us about your own future? because what i think about the future of the party, i see people like tim scott. what do you see? >> well, there is no doubt that my future starts right now with 2022. i'm looking forward to running for reelection. if you want to support that, you can go to vote tim scott.com and make a contribution. bottom line is that i, like most americans believe that there is dignity in all work. we believe that hard work pays

off. i, like most americans believe that my value comes from god, not from government. we believe in hand ups, not handouts. we believe that we should help those who cannot help themselves, not those who will not help themselves. i am a person who understands redemption, because i've been redeemed. that is the story of america and that is the story that we should all be motivated to share with our fellow americans. america is a good place. i believe in the goodness of this nation. and if we sell that, because it's true, america will be far better off. >> trey: senator, thank you for coming on. i hope you are one of the messengers that carries out that message in 2022. as you say, timscott.com. you sound like lindsey graham. >> a brother from another mother. >> trey: we will see what 2024

holds for you. thank you. next, could a teacher strike beyond the horizon in chicago? the city's democratic mirror is striking against teachers ordering them to return to the classroom. and later, senator lindsey graham on the democrat's mission to reshape the court's when "fox new primetime" continues. ♪ ♪ est 5g network... award-winning customer satisfaction... or insanely great value. now, with t-mobile for business, there's no compromise. network. support. value. choose. all. three. t-mobile for business. ready when you are.

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♪ ♪ >> trey: the national battle to reopen schools is at a breaking point in chicago where the democratic mayor and local teachers unions are deadlocked over a plan to return instructors to the classroom this week. chicago public schools hoping to avoid a strike with two more days of remote learning. but the rhetoric was hot this weekend when the mayor demanded

teachers get back to school. >> whatever it takes, we will be at the table. we have never left and we will not leave until we get a deal done. but we need leadership to have the same sense of urgency about the desperate state that our children are in. >> there has been no consideration about may be delaying schedules of schools in order to get into a place where you can get staff vaccinated. >> trey: joining me now, rachel, a fox news contributor. rachel, how are you? >> a very good. nice to be on your show, trey. >> trey: thank you, rachel. thank you for being here. so, the democrat mayor says it's safe to reopen schools. even the white house says it's safe to reopen schools. but yet, they are not reopening. i wonder why. >> well, i don't know about you, trey, but i've never had a job for my boss expects me every day to come in and i feel i have to quit my job. it is absolutely bizarre. i heard earlier "the five."

she was making excuses for the teachers unions and she said there is no blueprint for how to open. they have been doing it every signal day since the beginning of this year proving that you can open schools safely. there have been no outbreaks. and if they don't care about what is happening nationally, you can look international. european schools are open and there are 94 million chinese children who are attending schools in person despite there being covid out there because we know that children are not super-spreader's. if you have morbidity or people at home who can't handle being infected, then that may not be the job for you. but believe me, kids can go to school. take should go to school and catholic schools, by the way, this is national catholic schools week. they have been a lifeline for so many families. because they do have to go to work. and their children aren't suffering. so many kids in public schools

are lonely. they are isolated. they are having emotional problems. this is an outrage. joe biden and the democrats are on the side of the teacher's union. they are very, very soft on how they are fishing this because they are beholden to the teacher's unions. and i think this is a great opportunity for republicans to step forward and say we are on the side of kids. and by the way, how about some education on parental choice and education. >> trey: you know, rachel, for everyone out there wondering what the teachers and the teachers union have been doing, they came up with a dance video which is one of the most disquieting things i have ever watched. so i am going to encourage people. i am giving you a warning. if you liked "silence of the lambs," you are going to love this dance video. otherwise you may want to avert your eyes. take a look at this video.

>> it's our livelihood. versus our lives. ♪ ♪ >> trey: what am i supposed to get from that, rachel? it's the most disquieting thing i've ever seen. what is that? >> i thought it was an "snl" sketch when i saw it. but that is the worst of it, trey. there was a teacher who was on the board of the chicago teacher's union who was tweeting out that we should keep the schools closed for the entire year on the same day that she was sending instagram photos from puerto rico at a resort where she was spending vacation time. so this idea that they are doing this because they are afraid of covid is a lie. it's not true. the science proves this. the data proves this. and by the way, the teachers in the religious schools are following the science and it is the teacher's unions who look like the flat earthers.

>> trey: thank you, rachel. you are right. i live with a school teacher. she has been working since august. coming up, momentum building in the durham probe. altering an email used to justify spying on page. coming up, where the investigation goes from here. ♪ ♪ we made usaa insurance for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for. ♪ usaa ♪

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♪ ♪ >> trey: justice, fairness, the rule of law. we are a nation of laws and the law has the potential to be the most equalizing and unifying force in our country. our countries unique in that we describe ourselves as a nation of laws and we strive to not just be a nation of laws, but a nation of good laws, fair laws, just laws. and that requires excellence from the women and men we empower to enforce those laws.

we need a justice system that is not only respected, but worthy of our respect. there are 35,000 fbi employees in our country. 35,000. just as a former reference, we talked about the same number of people in the town i grew up in. of those 35,000 employees, 13,000 are fbi agents. i worked with a lot of fbi agents when i was a federal and state prosecutor. every one of those agents i worked with, you would be proud to have as your next-door neighbor and a coach at your kid's team. that was not the fbi in charge. i never met or worked with an fbi agent like peter. when i was a prosecutor, i never met an fbi agent or employee who would let his own political opinions influence his work. i never worked with an fbi lawyer like kevin kleinsmith. kevin kleinsmith was actively vocally biased against president trump. he also falsified a document to make it easier to target a

political opponent. kevin kleinsmith thought he was part of some great moral resistance, a resistance i might add, to a duly elected president. in other words, not only did he think he was more than you and i, he thought he should break the rules. he thought it was okay to use his incredible powers to target political enemies. you know, when you think about law enforcement and what they are supposed to do, it's not just a badge and a gun and a uniform. it's more than that. it's trust. it's a sacred trust. we trust you with the power to arrest, to detain, to search, to deprive our are citizens of the freedom. those are awesome powers. all we ask in return is that you use those powers justly, fairly, and appropriately. that's not too much to ask, is it question might be fair, be

just, be honest. don't be biased. that is not too much to expect. i cannot think of anything more unjust than manufacturing evidence to hurt a political opponent and then lying about it. kevin kleinsmith was caught. he almost got away with it but he was caught, not by the democrats complaining about police misconduct, not by the media complaining about our criminal justice system. kevin kleinsmith was caught by inspector general michael horowitz, but he was caught and he was prosecuted and he pleaded guilty. and last week he was sentenced. and if you are wondering what the proper punishment is for someone we entrust with the special powers who manufactures evidence to hurt an opponent, the proper punishment apparently is probation. probation. not a single day in prison for

abusing. not a single day in prison. i do not pretend to know what the proper sentence should have been for that. i do know this. the media and the democrats wanted him to go to jail for 7-9 years for lying to congress. the media and the democrats were delighted that others were facing active prison sentences for making false statements. but you don't hear most about kevin who didn't get a single solitary day in prison. i wish we lived in a world where people who committed similar offenses would receive similar sentences. that would be nice. that would be fair. that would be just. that would be equal. for 5 years, this country was put through the insidious allegation that donald trump colluded with russia. and at the end of the russia investigation, more fbi employees were convicted of felonies and members of the trump family.

now, to put all of this in perspective, in the great state of south carolina, former chairman of the senate judiciary committee, lindsey graham. what are your thoughts, senator customer first of all, welcome and what are your thoughts on what kevin clinesmith did? >> well, i was shocked really. it makes me wonder about two things. the government recommended from 0-6 months. the foundation of the rule of law, as you said, trey, is trusted by the public. there has to be some trust that if somebody is charged with a crime, excuse me, there is at least something they are. if the government is surveilling a public citizen, you have to believe that the system has some checks and balances in it. so here we have a case where you have the fbi's lawyer whose job it is to screen applications, manufactures evidence, changes evidence that was exculpatory to make him look bad and he doesn't get a day in jail.

how do you tell the average american that the lawyer in charge of processing the warrant pleads guilty of falsifying information to get a warrant against an american citizen. you may not like trump, i get that, but you should want a system that is better than this. so it makes me think that he might be cooperating with the government because if he is not cooperating with the government and he did what he did and he gets no time in jail, that's a horrible signal to send to the public and to deter future misconduct. >> trey: you know, you put your finger on something, senator. not only did this fbi lawyer not get any jail time, the prosecutor was actually asking for leniency. and one, in particular, andrew weissman said he didn't even commit a crime. so for folks looking for equal treatment for both sides, they should look at this case. >> well, you are getting rewarded, basically.

one deterrent comes from this. how would you feel if there was someone in your family who the lawyer and the fbi manufactured evidence against your loved one so the government could continue to surveilled him, accuse them basically of being a foreign spy. so, this sentence is disconnected from the level of the crime. it is not going to restore trust. it's going to create more cynicism and it just makes me wonder that he must be helping the government because if he is not helping the government, this really is a travesty of justice. >> trey: i want to pick on your legal mind for something else. you and i both knew the lawyers. good lawyers but they are no longer on the team it seems that of late in the process. what are your thoughts on that? what if anything you know about why the others left? >> well, you know, they are a great team.

you know them. they're really good lawyers. also awesome and he cooks in the kitchen, i think. a lot of problems there. they never got off to a good start. i think the case is still the same. the bottom line is i believe the impeachment of the president is unconstitutional. there is mounting evidence that the people came to washington and preplanned the attack before the president ever spoke. so i am confident of the outcome here that we are going to have more than 45 votes for the motion to be dismissed on the idea that this is unconstitutional impeachment pursuing somebody out of office. i think the acquittal number will be pretty close. it will be in the high 40s. but the question is, trey, how did this trial end? if the house managers want to use this as a political

commercial against donald trump and the republicans, they want to call witnesses, this thing could go for weeks or months and that would be bad for the country. if you vote to call one witness, get ready for a long trial. >> trey: well, we've only got a couple of seconds but let me ask you, do you anticipate witnesses being called and then being cross-examined? >> i hope not. they didn't call any in the house enough to know what happened that day. but if you open up that can of worms, we want the fbi to come in and tell us how people actually preplanned these attacks and what happened with the security footprint. you open up pandora's box. vote and get this trial over next week when it starts. >> trey: well, i know you are on the jury and i have often

wondered if you will ever be picked for jury service and i guess you are. next week it starts. amen. i'll see you. thank you for joining us, senator. the left has cracked down on free speech and a spiraling out of control. and now they are coming for fox news. >> reducing a liar's reach is not the same as it censoring's freedom of speech. freedom of speech is different than freedom of reach. >> trey: but is it? up next, jonathan turley with a quick refresher on the first amendment. ♪ ♪

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>> trey: welcome back. now, i've never personally met someone who has been scammed online by nigerian fraudsters, but joe biden has and he is actually naming her to his cabinet. rick leventhal in los angeles with the story. rick. >> and trey, some critics are surprised by president biden's choice to run the federal

unemployment project. it has been run by scandal including a huge scam by nigerian criminals with $600 million in fraudulent claims. they gave $400,000 to the biden campaign over the past two years and now she has reportedly been tapped to run the federal office that helps process on a plumbing claims. they faulted the department for failing to fix a software issue that contributed to the massive unemployment payment debacle. a total of more than 2,200,000 fraudulent claims using identities stolen in earlier data breaches. the state has now recovered money. they blamed a third payment for another data breach exposing

private information of residents filing for unemployment last year. they told "the seattle times" that the system has now been repaired saying we do have definitive proof that the measurements we have put in place are working. we have successfully prevented money from going out to these criminals and have prevented thousands of fraudulent titles getting the job permanently will require senate confirmation. questions about her performance in washington state. trey. >> trey: thank you, rick. after four years of defending the rights of a free and open press, many members of the media are changing their tune and calling for censorship of their conservative colleagues. here is cnn's media man, calling for cable providers to "limit the reach" of channels like

fox news. >> it sounds like cancel culture. they harm reduction models. they say that they are removing lies about vaccines. q and on cult content. many companies would say yes, of course they have too much power. reducing a liar's reach is not the same as censoring freedom of speech. >> trey: wow. joining me now, professor and fox news contributor jonathan turley. professor turley, let me ask you a really complicated legal question. what is he talking about mark >> [laughs] well, it is striking. this idea that i'm not restricting the freedom of travel. i'm just restricting the means of travel. the idea here is that we can engage in censorship of controlling speech but we are really not against free speech. and that is the point, isn't it,

of controlling speech, is you can't just control it in certain areas. you also have to deny access to counter abuse, right? it doesn't do you any good. that is what happened with the hunter biden story when twitter blocked the story before the election. people could still go to "the new york post" and fox news. that doesn't work. i mean, you need to be able to have either control or elimination in order to achieve those results. and we have seen this on college campuses. you know, most faculty have a very small percentage, if any conservative or libertarian faculty. there is very little viewpoint diversity today on many faculties. and so, it's a virtual echo chamber. but there is still this problem that you can create echo chambers on certain channels, but you can't control people

that want to go to an alternative source and less you can find some way to eliminate that. >> trey: well, he used the word lie. for there to be a lie, something has to be the truth. and i'm just wondering if he or cnn is really the best orbiter of what is a lie and what is the truth. he seems to be setting himself up as that moral arbiter for the rest of us. >> well, that is the greatest concern that i have. we really need to come of the media now, more than ever we are so divided. we have to resolve problems. but there isn't any central source that people have faith in anymore. the polls have shown that the favorability or the trustworthiness of the media is at its lowest that it's ever been in the united states. and one could say, well, who cares? i've learned a long time ago about the media. but that comes at a cost, because as citizens, we need to

be informed. we need to have some trust. when you and i were growing up, when we saw so many like walter cronkite. maybe i am dating myself. but when you saw some of the like walter cronkite say something, you believed it. it was credible. the media was bound by neutrality. now professors at stanford are saying that journalists have to do away with neutrality and become activists. >> trey: wow. well, we do need a an arbiter and hopefully we will be able to settle in the meantime we are just going to count on you to tell us the truth. thank you for being with us tonight. up next, the g.o.p.'s plan to come together and what it needs to do to win back the senate, the house, and the white house in the years ahead. ♪ ♪ with our same tomatoes. but not every tomato ends in the same kind of

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♪ ♪ >> trey: republicans are going through a bit of aid identity crisis following the election. he calls on members to cut it out. quick dell might quit amongst each other warning that it could cost republicans a shot at taking back the house and the senate in 2022. our former chairman, the senate map, the house map looks may be doable. where is your position on the map? where would you defend and where would you prosecute? >> well, thanks for having become a tray. you are 100% right. the senate map is tough. first of all, you have an open seat in arizona. not an open seat. you have a challenge race in arizona. you have a challenge race in georgia.

obviously really honing in on candidate recruitment there in order to pull that off. so really focus on candidate recruitment. but then you've got open seats. you've got retirement in republican states like ohio, north carolina, pennsylvania. then, after that, you've got republicans like ron johnson in tough states like wisconsin. you have to defend all of that. maybe try to pick off a couple states if you can. and the map gets a little worse after that, actually, for the senate. you are right about the house. we should be able to win the majority in the house. but you are right. in order to do that, we've got to come together. send a real message based on real ideas about what we believe and what they believe and make a choice between ideas of two parties, not personalities and who belongs in the room and who should it be in the room and why these people don't belong. that type of approach is never going to win. it has to be about what we believe.

>> trey: well, let me quote two people on rights and agree with you. a house divided cannot stand. i think they are both right. and republicans would do well to be a little more unified or at . when we? >> you are right, but try, it goes back to everyone has to just think about where we are this is not italy. we don't have 12 different political parties where everyone can fit neatly into a box with their own particular group of people. we have a two-party system. we have republicans and democrats door that we can all walk through. 75 million people walked into the banquet that said republican. we all walked in. but everyone in that room doesn't agree with each other and we don't have really the luxury of telling people to get out of that room. so, how do you build a party? by adding and multiplying and not subtracting and dividing.

it all goes back to redefining or excuse me, reiterating what we believe in. trey, we grew up in a political party system. look online. there are about 1,000 of these websites that say i'm a republican because. it lists very neatly what it is that we believe in as a republican party. the party has to go back to basics and talk about the things that bring us together and then we will prosecute our case and bring it to all those swing districts across the country and go and win an election by talking about ideas, not people. >> trey: while heaven said. thank you. thank you for your stewardship of the party. also, i hope you have enjoyed tonight's conversation. for more, you can get my podcast at foxnewspodcast.com or wherever you download the podcast. thank you everyone for your time tonight. the washington fox news prime time. i will see you again tomorrow

night and i hope that you will join us. up next is tucker carlson. tucker, we hope you have a great show tonight. is a comusical ♪ ♪ ♪ ♪ ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight." happy monday. the news is moving with bewildering speed in case you haven't noticed. no one has ever changed so many basic institution facts of american life and done it so quickly. we bring you nightly updates for the week and a half in which biden has been president. it is overwhelming. there are so much to cover. we learned that the by the administration plans to make the tiny district of columbia are 51st state. a more corrupt english-speaking