call witnesses. so far that decision hasn't been made. that may change. if it does it is a lot longer than a week's time in washington >> dana: democrats will focus on other parts of the speech. a lot of fact and forth. great to be back in new york city. harris faulkner and "the faulkner focus" next. >> harris: former president trump still the laser focus of lawmakers three weeks after leaving office. the senate is set to begin a historic second impeachment two hours from now. i'm harris faulkner and you are in "the faulkner focus". democrats are trying for a second time to convict now citizen donald trump claiming he incited an insurrection at the u.s. capitol last month. trump's legal team has dismissed the impeachment trial as political theater and republicans continue calling it unconstitutional. >> what democrats have done is basically declared war on the

presidency itself. the impeachment in the house took place without a hearing, without one witness being called, without a lawyer for the president of the united states. you can't get a traffic ticket based on the procedures they used to impeach president trump. >> harris: also in focus this hour republican senator john kennedy joins me as he is about to walk into that impeachment trial himself. new questions about potential conflicts of interest for the bidens. joe concha will weigh in on that. and rocker bruce springsteen now preaching unity after years of attacking president trump. cat tymp with her take. let's begin with griff jenkins. >> here we go. the second historic trial begins with a debate whether it's even constitutional in the first place to try a president.

four hours of debate today over the constitutionality question with a vote this requires only a simple majority to proceed. tomorrow at noon house managers have up to 16 hours to make their case. that will be followed by up to 16 hours for president trump's defense. then into next week and perhaps beyond a q and a with the senators and ultimately closing arguments. senate majority leader chuck schumer said it is crucial to hold trump accountable. >> ultimately senators will decide on the one true question at stake in this trial. is donald trump guilty of inciting a violent mob against the united states? >> earlier this morning republican senator mike lee offering his view with this warning. >> the constitutional text itself is ambiguous. could be read one way or the other. i think it should be read in an

abundance of caution to make sure it is not abused for partisan political purposes. >> bill: so far no witnesses are scheduled to appear. house managers could call them if the senate approves. the trump legal team previewed their defense in a filing yesterday stating, quote, mr. trump used the word fight a little more than a handful of times and each time in the figuretive sense. it couldn't be construed for acts of violence. it takes a super majority of 67 votes. democrats need 17 republicans to vote against trump or this is headed for an acquittal. how long will it last? we're not sure. if they call witnesses it will drag on much longer. harris. >> dana: thank you very much. senators are set to decide whether former president trump incited violence at the u.s.

capitol. a piece today. democrats care only about the capitol riot despite riots across american for months. here is a quote. our governing elites have barely noticed the violence happening in their own districts. perfectly fine for alexandria ocasio-cortez to recount how scared she was january 6th. but don't her constituents who have the misfortune of living in such unsafe neighborhoods deserve the same attention? what about the hundreds of police officers injured during riots in her own city in 2020? louisiana republican senator john kennedy serves on the senate judiciary committee and again getting ready to go to work in the second impeachment as a senate juror. great to see you today. thank you for being with me. >> thank you, harris. >> harris: i want to start with whether or not this is a double standard. i don't want to put my labels on it.

how would you explain what is happening in terms of the reaction, the calculation that democrats are making about one set of rioters versus another? >> well first, harris, let me say i don't think president trump will be convicted. i could be wrong but i doubt it. usually -- not always, but usually the senate gets it right. now to achieve that end sometimes we have to be well supervised and cornered like a rat but generally we get it right and i think we'll get it right this time. the constitutionality of this has been well discussed. it is dubious at best. but to answer your question, there is a second reason i think the president won't be convicted. i think most fair-minded americans see these proceedings for what they are, and that is

a poorly camouflageed attempt by some permanent washington types to equate the 75 million people who didn't vote for president biden but who did vote for president trump with the nut jobs who violated the capitol on january 6th. and the truth of the matter is that my democratic friends are bringing a sword to these proceedings when what we need is a candle. this is what i mean by that. both parties, it's just a fact, both parties have unfortunately -- how can i put this -- jewish laser type barking mad extremists, both do. both parties should have tents

with doors to kick them out. that's not uniquely republican. what happened at the capitol on the 6th is not representative of the republican party. and my democratic colleagues have plenty to account for in their party as well. in my opinion. >> harris: the way you put that, senator, i just want to lean on that a little bit. you say democrats are bringing the sword when what you need is a candle. it sounds like what you are getting at is you put impeachment away and maybe there can be more working together. if that's the case, have any of you as republican senators reached out to president biden who promised just that sort of thing? >> well yes, we reached out to president biden with respect to his stimulus package. his response was polite but firm.

no thanks. clearly the congress controlled by my democratic colleagues is going to ram it through. their proposal through. i think it is a mistake. we'll save that topic for another day. but in washington as you know, harris, you have to watch what people do, not what they say. and what you do is what you believe. and everything else is just conversation. so you have to judge this administration, like all administrations not by what they say but their actions. >> >> harris: i end up quoting you for the rest of the day. i'll ask my team to queue this up. i want to make time for it and get your reaction. i understand the trump attorneys may go here. they may look at some of the rhetoric that democrats have said and use that as part of their case. i want to bring it back so everybody sees it with the

senator here. let's roll. >> i want to tell you, gorsuch, i want to tell you, kavanaugh, you have released a whirlwind and you will pay the price. >> i got up and talked about the president's cabinet and i said if you see them anywhere, at a restaurant, if you see them in a department store, even at a gasoline station, just tell them you are not welcome here. >> please don't just come here today and go home. go to the hill today. get up and please, get up in the face of some congress people. >> harris: senator kennedy, your reaction to all of that? >> i think president trump's lawyers will make a first amendment argument and here is what i mean by that. the bill of rights, harris, is not meant to -- it is not there to protect the high school

quarterback or prom queen. it is there to protect the unconventional, the singular. president trump i think would be fair to say is unconventional. and he has said things that i disagreed with both in substance and the way he said them. but he does have the right to say them. i didn't agree, it wasn't my preferred way of expressing one self when senator schumer on the steps of the supreme court threatened security justices or i didn't agree with maxine waters. i don't think they ought to be impeached. i think under the first amendment they have a right to say that and i think the president's lawyers, don't know for sure, i think they'll make that point. >> harris: i want to move to this. white house press secretary jen psaki has been sparring with fox news peter doocy after he pressed her on thousands of

expected job losses from president biden's cancellation of the keystone pipeline. let's watch together. >> certainly welcome you to present your data of all the thousands and thousands of people who won't be getting a green job. maybe next time you're here you can present that. >> you said they would be getting green jobs. i'm asking when that happens. >> he will share details of his plan in the weeks ahead. >> harris: senator kennedy, your thoughts. >> well, for a well-paid elite to tell the thousands and thousands of displaced workers across america who are being displaced by the biden administration that they ought to suck it up and just learn how to code or build solar

panels is why people think washington, d.c. is not working. and i think it's a very -- i really regret, maybe even resent, her callous attitude, particularly in light of the fact that this displacement of american workers is intentional. >> harris: you think it is. >> i'm sorry? >> harris: you think it is? >> i do. i believe in all of the above energy policy. wind, solar, geo thermal, nuclear. but also oil and gas. we can't run the greatest economy in all of human history without oil and gas. and for president biden and his people to just say well, we're going to get rid of all our oil and gas and as i said the other day, my car doesn't run off

fairy dust. i don't think that circumstance is going to change for a long time. so why would this president intentionally put thousands and thousands of american workers out of work? for what? our co2 emissions are going down. china's are going up. >> harris: senator kennedy from the great state of louisiana i will quote you all day long. it is not what you say, it's what you do that shows the world what you mean. good to see you, sir. >> thank you, harris. >> harris: he is about to walk in in 90 minutes into the second impeachment trial. he will be one of the senate jurors. so glad he joined the program early. congresswoman alexandria ocasio-cortez now denying she said a senator almost had her killed during the capitol riots and she won't say she is sorry. we have the receipt. hum, deny but not -- i'm

confused. we'll get into it. the white house getting defensive over questions over relaxing immigration policies especially when it comes to illegal immigration criminals. the power panel on how this could harm americans. stay close. >> we have 11 million, maybe tens of millions of illegals here and they are inviting hundreds of thousands more who are rushing our border. they have exploded, exploded the daily illegal crossing numbers. uncertain times, money in the bank can bring you and your family real piece of mind. refiplus from newday usa can make it happen. refiplus lets you refinance at the lowest mortgage rates in history plus get an average of $50,000 cash for the financial security you and your family deserve. refiplus, only from newday usa.

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>> immigration, new reporting ice will get new guidance to no longer focus on deporting illegal immigrants who have

been convicted of dui, simple assault. solicitation, drug based crimes among other things and i'm curious how that is in the interest of public safety. >> nobody is saying that that's acceptable behavior and those arrested for such activities should be tried and sentenced as appropriate by local law enforcement. we talk about the prioritization of who will be deported from the country. >> harris: white house press secretary jen psaki facing tough questions from peter doocy over her boss undoing many of president trump's immigration policies. the "new york post" editorial board is out with a scathing piece. it argues that president biden is returning to obama's open border fiasco. that's what they say. and breaking just this hour a texas judge has now extended his suspension of the white house moratorium on deportations until february 23rd. last month texas attorney general ken paxton sued the

biden administration for its 100 day pause in deportations of certain illegal immigrants. power panel slides in now. richard fowler senior fellow at the new leaders council. guy benson from fox news radio. part of our fox news families at contributors. good to see you today. guy benson, what is the immediate effect could an extension on a stay an deportations and other changes by the biden administration have? >> i think broadly speaking the weaker they look on enforcement, the more it invites people to come here illegally and do things that are dangerous and there are children here. some of the same nightmares we saw during the obama administration thanks to a similar failed policies. and i think harris as you look at some of these decisions, i consider myself relatively moderate on the issue of immigration. but this is how you turn off moderates. if you say if you enter the

country illegally. unlawful act number one and commit another crime but only dui or only assault we won't prioritize you for deportation i think that sends a terrible message in terms of innocentives. a slap in the face twice over to immigrants who have gone through the legal process and you couple that with the cessation of the deals that the trump administration was dealt with other countries, another one with mexico to help stem the tide at our southern border and take the pressure of us. to cut those loose with no other plans in place just to show you aren't trump i think is really bad planning. >> harris: how does it help our national security to tell people who want to gain access to our nation they get a cut-out for certain violent crimes? if they get here.

we won't deport you if you do those things. how does that keep us safe? >> a couple of things. number one majority of americans believe that the trump immigration policy was draconian and terrible and why donald trump and republicans lost control of both chambers of the house and white house. majority of americans a better way to do immigration in the country. that's what the biden administration is trying to fulfill. he has only been in office in 2 1/2 weeks. he sent a complete bill to the house for them to review that would be an entire overhaul of our legal immigration process in the country understanding the current immigration we have is a patchwork of policies built in the 1980s and we live in 2021. what the biden administration is trying to get rid of the bad trump policies to get better policies. >> they are getting rid of some of the best policies. i didn't hear an answer to your

question, harris. >> the policies that were rejected -- these are policies that were rejected by the american people in november. yes, they were. >> harris: what richard did was opened the door on another one. you used the word draconian. former president obama put children in cages when tens of thousands of them were coming as unaccompanied minors. we're having a problem with that again now. what do we do with these unaccompanied minors? and if it looks anything like what obama did, you get slapped with that label of draconian. we'll be watching for that. i do want to say one more thing to you richard and get your response to this. just in terms of what national security is, national security experts i've talked with have said carving out -- i'll get back to my question now. carving out certain violent crimes and telling people if you come here and commit those we won't deport you actually does not make us safe. again why do you think it does?

>> i think number one you have the violent crimes is ambiguous term. if we talk about murder and rape, those people should absolutely be deported and exactly what's in the biden plan. what we are also saying is if you commit a dui or get in trouble for having a small amount of marijuana on your possession should you go through due process and be penalized by the local legal system absolutely. does it mean you should be deported? no it does not. >> yes, yes, it does. >> the american people disagree with them. 80 million voted for joe biden. >> that's not an endorsement of letting people who commit assault after entering the country. >> it is an endorsement. when donald trump -- came down on imgration -- >> harris: if you commit certain violent crimes in america and you will not be deported. i got the ballot. i voted. it wasn't on there. no, no, no. i get it.

i get it. >> donald trump ran on immigration. the american people rejected his policies. >> harris: now we get after 50 executive orders and actions now we're getting the drill down on all that. remember, there were certain things we couldn't get a drill down on with this particular candidate. he wasn't sitting down for a lot of interviews. i would have drilled down for him. let's move on. congresswoman ocasio-cortez says she won't apologize to senator ted cruz for accusing him of nearly having her murdered in the capitol riots. she tells the "washington post" that's not the quote. i will not apologize for what i said. well, we have that original tweet. here is the quote. you almost had me murdered three weeks ago so you can sit this one out. oh, okay. she did say that. guy? >> well, this is less than

honest from aoc which is right on brand for her. a lot of the time. look i disagreed with what senator cruz attempted to do with the delay on counting the electoral votes. i thought it was a bad move on his part. i also do not see it at all as a call to violence, a call to arms, encouraging or fostering any type of threat. unfortunately aoc interpreted it a different way and slandered the senator and will not back down. she might consider fundraising off of it at some point. >> harris: i'll let you go and bring you back for more talk another time. the government ethics chief under barack obama is now raising concerns over conflict of interest involving joe biden's family. what he says the president must do now. plus patience running out over the pace of school reopenings and growing concern that closures and shutdowns have

done irreparable harm to our children.

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>> harris: we have breaking news down. the death of an nfl legend. marti schottenheimer. his family through a spokesperson says he died monday night in charlotte, north carolina. he had been diagnosed with alzheimer's in 2014 and moved to a hospice january 30th. he was the eighth most winning coach with the cleveland browns, washington chargers and kansas city chiefs. he was 77. former president obama's ethics chief is criticizing president biden's recent comments about

his son hunter's upcoming memoir. liking it to a book promotion tour. walter shaub who served under president trump adds the president should address the appearance of a conflict of interest with his brother, frank, whose florida law firm has publicized their relationship. >> i would like to hear the president say that he has asked his brother to stop touting the connection to the white house. it would be better for the president to not be on television talking about having read his son's book. and i think that the fact that he started talking about it the same week as the marketing effort of the firm that is publishing the book announced the publication date is very unfortunate. >> harris: joining me now joe concha, fox news contributor and columnist at the the hill. the book president biden talked

about aaffectionately and you say there was a conflict there. the situation with the president's brother, frank, is quite different. is it serious? >> yeah, because that's serious -- when you say my brother is president of the united states. he has the department of justice under him. so hey, come sign up with us. we only charge $1200 an hour. it seems to be there are several conflicts here. to get back to the tweet by walter shaub. ways very interesting. he said it is not acceptable for the president of the united states to be part of the book tour. the mob came to him for putting out a criticism for putting it out against the president. he has the backbone of a jellyfish. he deleted it. stand by your words or don't. i can't wait for the hunter biden book tour. i want to see if there are any questions. you have to go on a media tour to sell a book how he made the money in ukraine from an energy

company and his dealings in china. i'm curious if he does interviews to promote the book will it be about the book in terms of his rehab and great he completed that or get the questions around why there are two f.b.i. investigations going on now as far as the bidens are concerned? i would be curious to see what journalists agree to those ground rules. >> harris: the only real things that we know about the book are coming from president biden and one of them is that he feels like his son is back. hunter is back after having read that book. again i don't know how you do a book tour without using your last name and right back where we started in the beginning with the talk of conflicts of interest. president biden is taking some heat for the pace of school openings, joe, you know that. the in-person part of it. some are accusing him of being too beholding to teachers unions which were big donors in his campaign. he took more than any other candidate in 2020 from them.

right now three of the nation's top 10 school districts are fully open. chicago teachers are voting today on a plan to start reopening on thursday. a "new york post" opinion piece says lockdowns are breaking down our children, quote, our hope for raising an emotionally healthy and mentally stable generation is dissipating with every day kids are kept locked in their bedrooms and out of schools. the damage caused by this abandonment is inkalule able and come pounding every day we allow rationality and priorities of teachers unions to rule our decision making. joe. >> it's not just an opinion but there are facts to back this up. cdc study follow the science found that mental health related emergency room visits shot up 31% for children age 12-17. increased by 24% for those 5-11 when compared to a non-covid year of 2019. so i would love for candidate

biden to talk to president biden sometime. candidate biden said the following. follow the science, listen to the experts, do what they tell you to do. that's what he told abc last year and said during a presidential debate i will choose science over fiction, hope over fear. this president is not following the science. he is choosing fear over hope and you have to look at the cdc directors' own words. increasing to suggest schools can safely reopen and safe reopening does not suggest that teachers need to be vaccinated in order to reopen safely. you are either following the science in your own cdc director or you are not and i found it laughable when jen psaki said it was her own words. you either stand up to the teachers union or let kids go back to school when you follow the science as you said you would.

>> harris: i know cdc will put out new guidance this week. i wonder if they'll adjust or put it out in accordance to one of these teachers unions demand that they vaccinate the teachers. it will be interesting to see. the cdc director said it wasn't necessary. thank you, my friend. good to see you. it is nearly time for former president trump's lawyers to start making their case against the second impeachment. is the trial just an unconstitutional exercise in political theater? i will talk with a legal expert ahead. diy test kit? old health insurance reminds you to schedule a screening, say, for colon cancer. humana does you one better and sends you an at-home test kit, when it's overdue. huh! one of those tests could save your life, or at least a little hassle. or both. yeah! you get it, you do it, you send it back. i get it, i do it, i send it back. you get it, you do it, you send it back. yeah, i got it. you got it! ♪ ♪

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>> most fair-minded americans see these proceedings for what they are, and that is a poorly camouflaged attempt by some permanent washington types to

equate the 75 million people who didn't vote for president biden but who did vote for president trump with the nut jobs who violated the capitol on january 6th. >> harris: that's senator kennedy weighing in just moments ago on why democrats are plowing ahead with a second impeachment trial for former president trump, now a citizen. constitutional law professor dershowitz said they need to make a first amendment argument despite what some lawyers are saying. >> you have 144 scholars telling trump's lawyers that the american people are not entitled to hear an argument based on the first amendment. well, i'm here to tell these lawyers i taught legal ethics for 25 years in harvard, constitutional lawyer for 55 years, make that argument. ignore the 144 scholars.

they're all result-oriented. want to see trump impeached and willing to stretch, tug, destroy and limit the constitution. >> harris: i want to bring in saul wisenberg former deputy independent counsel and fox news contributor. saul, you just heard alan dershowitz. take it further for me both in terms of the intent of what we're about to see and how you defend it. >> well, on the last question that the professor talked about, clearly trump's lawyers are entitled to make any argument they want and they are certainly entitled to make an argument he is being improperly punished for activity that is clearly at the core of the first amendment. there are counter arguments to that but the argument they aren't entitled to make it is ridiculous. it is an inherently political process but doesn't mean that all legal standards are thrown out the window.

>> harris: that's interesting. how do you defend the president going forward in terms of whether or not there would be witnesses? we still don't know if that's going to happen. >> you know, there were two ways to go about this. one way was to go the slow way in the house and to gather -- assuming you think a former president can be impeach and convicted, that's the big question of the day. you could have taken the time and developed more evidence and they didn't do that for whatever reason, they decided to rush. nothing that prevents the senate majority from calling witnesses. sometimes you better be careful what you ask for because it doesn't appear from what we've seen so far, we don't know about the criminal investigations going on right now for mike sher win, the acting u.s. attorney in d.c. but it doesn't look like they'll be able to show foreknowledge by the president of the specific storming of the capitol that happened.

but again, that doesn't end the question because the real political question here on impeachment is as liz cheney said, did he summon the crowd, a-- is it an impeachable offense? >> harris: i want to get to this. former house speaker newt gingrich they should subpoena democrats. >> i wish the trump lawyers would submit a public list of the people they want to subpoena starting, of course, with chuck schumer for standing in front of the supreme court and just ask him what did his words mean? maxine waters, what did her words mean? nancy pelosi, now, remember, this is not a trial. this is like a mock court. >> harris: saul, your thoughts on i'll have a quick follow-up.

>> i think in the sense that the president is not required when he was invited he was not required to come and testify in his own behalf, i don't think anybody is going to require senator schumer to do that. schumer is a better example than maxine waters. schumer stood in front of the supreme court and threatened a couple members of the court. the difference is there wasn't a mob there that had been prepped for weeks and then stormed the supreme court or a portion of the mob. so, you know, that's more political theater from the former speaker. >> harris: quickly because we have to go. what would you say to the president today, former president trump about what's about to happen and what part he should play in it? >> i think he should let the process play out. it is really a pretty simple proposition. you either have the power under the constitution or not to impeach and convict a former president and anyone who tells

you, harris, that the constitutional text is clear on that matter is lying to you. the constitutional text is ambiguous. the history is ambiguous, the structure is ambiguous. you can make arguments either way. the senate appears to be the final judge of whether or not it's constitutional. >> harris: saul wisenberg, grade -- great to have you on the program. >> harris: some on the left are gushing over this. >> we can make it to the mountaintop through the desert. and we will cross this divide. >> harris: bruce springsteen's jeep ad talking about unity. cat tymp is standing by to dig into his words.

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>> another car company gave you the feeling, the jeep commercial. >> i think the symbol of all that was right and what advertisers were trying to do was the bruce springsteen ad.

anybody can agree marvelous message about united states reuniting. >> you saw bruce and heard his voice. >> he was in a commercial for jeep that resonated with me. i liked it a lot. in part because he was driving a cj5 jeep and my grandfather had one of those. >> harris: media fawning over the super bowl ad where the legendary rocker preaches unity. not everybody is buying it. "new york post" writes, the mega wealthy musician and leftist sage revealed his long time working class roots is as phony as his cowboy hat. if there is a silver lining this commercial may convince americans to ignore the fraud that is bruce springsteen. cat tymp is host of sincerely kat on fox nation. is that fair about bruce springsteen? >> i don't know the guy. i will say this. if anything, this ad achieved unity in the sense that people

on both the left and the right those morning show hosts found reasons to hate it. people on the right saw it as phony. they remember the past four years with trump and president bush. any time republican in power unity is certainly the opposite of the way bruce springsteen acted. ben shapiro when i think of middle america i think of a guy from new jersey who votes democrat all the time. people on the left were upset. a piece saying how dare he do this, he is a fraud. you know, he is promoting this car company that is hastening the destruction of the earth. "chicago tribune" columnist came out saying what they're saying a set aside differences with fascists. some saying the flag was promoting christian nationalism, so disgusting. if anything the reaction overall to this ad shows this is going to be a lot harder than just saying oh, we need unity. people are not feeling it right

now. >> harris: i'll move to this. really interesting observations. president biden is having a cringey and possibly flirty moment according to some who saw this is how they see it. a videoconference event with covid-19 healthcare workers in arizona. watch for yourself. >> president biden: are you a freshman at the university? >> no, no. >> president biden: you look like a freshman. >> well, thank you. >> president biden: thank you for what you are doing. are you a nurse? >> i am. an rn and been an rn for nine years now. >> harris: kat. >> joe biden, not the first time he said or done something like this. he has a reputation for these things and he is a 78-year-old guy. i'm sure we all know guys of that age who sometimes say things that are unward, right? i do think that if it hadn't been joe biden and been a

republican the reaction would be different. the outcry over not calling dr. jill biden not calling her doctor. to diminish a woman's accomplishment. you haven't seen a lot of that from left leaning sources. >> harris: she has been an rn for nine years. accomplished before that point to get to that point. >> the head of the vaccinate site he was talking to and focused how long she looks. you don't want it to be the only thing someone has to say to you when you have an accomplished career. >> harris: i don't know how from 2000 miles a way with a mask on he could tell all that but i don't know many women who might be -- who might be insulted by saying you look younger unless you are at the vaccination site making it all about your job and your merit. it gets complicated. always great to have you, thank you very much. all right. great news.

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♪ ♪ >> harris: fox news alert, we are one hour away from the beginning of the second impeachment trial of donald j. trump. less than a month after the house voted to impeach without any hearings or formal investigation. democrats are demanding the senate convict the former president and bar him from seeking public office again, but republican lawmakers are warning today's proceedings will set a dangerous precedent and further divide america. let's bring in capitol hill correspondent chad pergram on what we expect to see today. chad? speak up for the first time in history and american president faces a second impeachment tria, one article today incitement of