at that high fives all around. tomorrow on "special report," our weekly common ground segment with former white house chief of staff reince priebus and former democratic national committee official. thanks for watching "special report." i'm john roberts in washington. "jesse watters primetime" is coming up next with guest host judge jeanine pirro it starts right now. judge, good to be back with you. >> judge jeanine: we start and end with each other. good to see you, john. ♪ ♪ >> the fight over president trump's documents is heating up. late last night, the doj filed an opposing response to trump's request for a special master to review the documents seized during a mar-a-lago raid. prosecutors said trump lacked standing and that the documents, quote: belong to the united states, not him. this is all about fairness. how can anyone trust the doj to

stop themselves from going fishing through trump's files when they have been proven time and time again to be so biased against him all trump is asking for independent arbiter to come in and sift through what the fbi took from him. are they covered by executive or attorney-client privilege? someone needs to make those decisions do you trust the people who actually buried hunter biden's laptop to fairly make those calls. now the trump team has until tonight to counter the doj's filing before judge eileen cannon rules tomorrow. meanwhile, the doj just unveiled cat nip for the liberal media. a photo of highly classified documents scattered all over the floor of mar-a-lago. the "new york times" is calling it a striking visual aid.

oh how striking. democrats rushed to say can you believe this is how trump stored stolen top secret material? and rhino liz cheney says she has seen enough. she is saying yet more indefensible conduct by donald trump revealed this morning, case closed. the media sure can't believe it either. they are blown away. watch. >> a stunning new photo released overnight, folders labeled top secret, secret, sensitive. >> it's one thing to read in a court filing that the former president had classified information at his home, it's quite another to see it for ourselves. we are talking about highly classified information. top secret documents. >> staggering new revelations, evidence that highly classified documents were likely moved and hidden. >> and thank goodness for

journalists like maggie haberman who also noted that trump had a copy of "time" magazine in there, too. it all gave the doj exactly what they wanted. have trump look like a sloppy criminal who was just mishandling top secret documents. and made the doj look like the good guys for raiding mar-a-lago. the president trump reacted to all of this by saying terrible the way the fbi during the raid of mar-a-lago threw documents haphazardly all over the floor, prance pretending it was me that did it and then started taking pictures of them for the public to see. thought they wanted to keep them secret. do you really think that's how the fbi found those documents? i bet don lemon thinks that's all had all happened. >> everyone deserves a defense and all of that. i get that, innocent until proven guilty. >> of course. >> but, the fact is, we are arguing over whether he is guilty or not.

of course he is. he took the documents. now we are talking about just how bad the documents are. how top top secret they are. not that he did something wrong. >> judge jeanine: if you are not convinced this is just another witch-hunt, well, new reports say the doj is waiting past the midterms to reveal any trump charges. this is a blatantly political move. the doj has a policy of not bringing charges against political figures so close to an election. but they don't have to charge trump in order to affect the election. the simple act of raiding the former president's home cast as major shadow over the republican party less than three months before the midterms. instead of focusing on joe biden's crime infested cities, empty grocery shelves, high gas prices and inflation, everyone is talking about trump. the border, inflation, high gas,

who cares? trump has a love fox news alert rocket man at mauller. i remember the days when democrats cried foul when comey opened up an investigation right before an election. unfortunately big mistake such an appalling act that goes against the tradition of prosecutors. >> he made a mistake on this he couldn't take the heat from a republican. maybe he is not in the right job. >> new but now that the shoe is on donald trump's foot, i don't hear any of those phoneys complaining now mike davis form are senate judiciary committee chief counsel counsel. mike, it's so good to have you on tonight.

some questions i would like to have answered. first of all, donald trump is looking for is a special master, perfectly legitimate claim. and the question is, i mean normally you wouldn't get one. but we have a former president here. we have got an fbi with a very checkered past, certainly as it relates to donald trump. what do you think judge cannon will do tomorrow? , i think i she is going to do what she indicated she is likely to do which appoint a special masters and she should judge as you know this is unprecedented, unnecessary and unlawful home raid on a former president. the president has the absolute absolute constitutional power to declassify anything he wants. he has the absolute statutory power presidential records act to have these records at mar-a-lago. a personal copy of these records. and how can you possibly, as a matter of law, how can you obstruct investigations into noncrimes? i think we saw with the biden justice department's response to the motion that they have a

fundamental misunderstanding of the law. they don't have a good track record in this case. we have had leaks and lies coming out of the justice department. they leaked out that attorney general merrick garland did not personally approve this raid. well, that's a lie. he did. they leaked out that trump had nuclear documents at mar-a-lago. that's a lie. they leaked out that the president biden, the biden white house was -- did not have any advance warning about this raid. that's a lie. john, than the deputy white house counsel to president biden waived executive privilege for president trump on behalf of president trump. so that paved the way for the -- for this home raid. will let me ask you something that is fascinating. the department of justice is suggesting that the president does not have standing to raise the issue. if the president doesn't have standing, who has standing? >> that. >> is such a silly argument. if you look at rule 41 g of the federal rules of criminal procedure, it is a motion to get

back property. and this property belongs to president trump. because it is declassified and he made a copy personal under the presidential records act and that is -- that is what the 2012 decision tom fitton and judicial watch's case against bill clinton for having 8 years of audiotape in the socks drawer. can make the sole determination whether personal belong to the president or presidential throordz go to the archives. >> judge jeanine: i don't mean to rush you but i want to get these questions. i was shocked to see classified documents and photos on a floor released by the fbi, why is the fbi staging evidence like this? i mean, i'm in law enforcement for 30 years. i have never seen anything like this. is this a legal issue or a political pr issue? >> this is a political issue. they know that they do not have a legal case against president trump for what we just discussed and so this is desperation on

their part to put out these files. again, the president had the right to have these records and the former president has federally paid for staff, security clearances, secure facilities called scifs and secret service protection these are paper records guarded by the secret service not illegal home searcher that hillary clinton had with the most classified records that were hacked by foreign governments. >> judge jeanine: you are saying that the president the fact that he has secret service with him is part of the security of these records. we don't know what these records are, do we? i don't know what they're. we got an affidavit that was all blacked out. i don't know what they're talking about. do you? does anyone? >> i know from the biden scuive justice department leaks to "newsweek" that they are going in there. the whole point of this raid was to go get president trump's declassified personal copy of the crossfire hurricane records because they are so damning for obama biden hillary, james

clapper, susan rice, intel community that's what this raid was about. this was so unprecedented and unnecessary and unlawful unless you understand that was the real reason for this. >> judge jeanine: okay. finally, it appears that one of the attorneys is in a little bit of trouble swearing in an affidavit that everything was handed over. do we know anything about that? will that be raised tomorrow? >> that's nonsense. this was an ongoing process. they sent 30 fbi agents to raid president trump's home, melania's underwear drawer, his office, of course they are going to find records. they said in the affidavit this was ongoing search. these lawyers searched for records. it's ongoing search. the archives didn't realize these records were missing for 18 months. i don't think that we can say that this lawyer intended to make a false statement to the biden justice department. it was just a mistake. >> all right. that's something that we will hear about tomorrow. mike davis, thanks so much for being with us.

>> thank you. >> judge jeanine: trump said he declassified everything as our last guest said at mar-a-lago. the department of justice says otherwise. who is going to decide what the truth is here. avril haines, that's who. this woman is joe biden's hand picked director of national intelligence. this is exactly why you want a special master. the intel community under joe biden have time and time again overtly biased. these institutions have lost the benefit of the downtown. there is no question we have seen this play out time and time again. so how do we know avril haines will get it right? and how do we know her office can be trusted to properly vet documents at hand? what is it-what is that process like and how does it work? here now is john ratcliffe, who is the former director of national intelligence. john, it's good to see you again. >> good to see you, judge. >> judge jeanine: what about the answers to those questions. i mean, first of all, it turns

out that there are some attorney-client records that the doj says we are sorry we did that we have our own people reviewing this part of justice department. we shouldn't have done that. i mean, this is the kind of thing where a special master is someone who would be, i think, appropriate why wouldn't you what the department of justice and fbi have done have inflamed partisan divisions and ms. trust among american penal by an agency and the fbi that has previously well documented gone after donald trump unfairly, been caught spying on his campaign. why wouldn't you appoint a special master to try to tamp down some of the emotions on this issue and give the american public some sense that maybe this process will get more fair as things go along. but, your point about, you know, dni and the damage assessment. you know, that's taking place

the first question is why is that taking place? in 2016, dni clapper read to do a damage assessment on hillary clinton classified documents that were tsci know were by foreign adversaries, the answer is this process initiated by none other than adam schiff. the same adam schiff accused donald trump of everything and proven he is guilty of nothing. the same adam schiff who promised there was russian collusion that didn't exist. who promised that mr. were russian bounties that didn't exist. fisa abuse. >> judge jeanine: a couple beyond a reasonable doubt. >> i do trust a process initiated by adam schiff? no, i do not. >> judge jeanine: what does afterville haines got to do with the doj saying who picks this

person. >> the judge would pick the special master and extension of the court. i do think it's the right thing to do. the doj's position is number one, we don't need a special master. we have already -- we have already sorted everything and looked at everything. take our word for it that it was done. as you pointed out, judge, they had attorney general client privilege in there the team that was looking at this didn't do their job. and, you know, all of this, judge, listen, you presided over a lot of cases. i was a former federal prosecutor, the united states attorney. let me tell you what this is about. good prosecutor with good cases play it straight. they don't need to shop judges leak intelligence that may or may not exist. and in this case this tells you the government didn't find what were looking for. there weren't nuclear secrets in melania trump's underwear drawer. trying to justify what they have done. they are not playing it straight

before the american people. i think that that's going to play out. >> judge jeanine: all right. well, we will see tomorrow. thank you so much for joining us tonight. >> you bet. good to see you, judge. >> judge jeanine: all right. good to see you as well. coming up a growing chorus of fbi whistleblowers call for christopher wray to step down for the sake of the agency. confidence in the fbi is now at an all-time low. ♪ it's beautiful out here. it sure is. and i earn 5% cash back on travel purchased through chase with chase freedom unlimited. that means that i earn 5% on our rental car, i earn 5% on our cabin. i mean, c'mon! hello cashback! hello, kevin hart! i'm scared. in a good way. i'm lying. let's get inside. earn big time with chase freedom unlimited with no annual fee. how do you cashback?

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♪ >> judge jeanine: confidence in the fbi is now at an all-time low and it may never recover. it's not just everyday americans who are disalewis luciened with

the bureau. it's rank and file agents. fbi whistleblowers are now calling for director christopher wray's ouster saying they have lost confidence in his ability to lead the agency. their lawyer, who is a former agent himself, telling "the washington times" quote i'm hearing from fbi personnel that they feel like the director has lost control of the bureau. they are saying he has got to leave. this news comes after the bombshell resignation of agent tim thibault who conspired to bury hunter's laptop. thibault denies the allegations but why did he step down then that's not all. according to whistleblowers, tebow pressured fbi employees to pad domestic violent extremist case counts. now, i wonder why he would do that? >> we have a growing fear of domestic violent extremism and

domestic terrorism. >> domestic terrorism has been and continues to be. >> domestic terrorism from white supremacists is the most lethal terrorist threat in the homeland. >> judge jeanine: one thing is clear, the institutional in the fbi has led to a major crisis of confidence. so what, if anything, can be done it restore it? representative darrell issa is former judiciary committee member. welcome to the show. good to see you, congressman. >> well, thanks for having me on, judge. and you are exactly right. confidence at the fbi and also at the department of justice has created a groundswell of new whistleblowers who are coming forward, talking to jim jordan and thomas massie and myself. but, also, they are going public in many cases asking for reforms, getting the politics out of the department of justice and particularly the fbi jean joan how do you do that,

congressman? we saw it from the top with james comey. we all wanted to believe it was just at the top. what was it on the 7th floor, you know, comey-strzok, page, and that whole gang. but now, you know, when you hear about this guy who just stepped down, you hear about the fact. christopher wray, i have never heard of anybody getting fired. nobody gets fired. and we hear all of this we have watched over the years for the past five or six years. all of this wrongdoing. nobody gets fired. it's going to change in january if we have our way. i object coming jordan and the rest of us very much want to make sure we put these people in front of our committee first in deposition and publicly if appropriate and make sure we hold them accountable for what they have done. we also want to further empower the inspector general. we have had a good inspector general at the department of justice, but he has been hamstrung many, many times

resigns he wants to speak to. we very much need to make sure that we change that try to do that in a couple of ways. the most important, judge, making sure that resignation or retirement does not put you outside the reach of the inspector general we are going to change that if it's the last thing we do on judiciary. >> judge jeanine: i understand the importance of hearings and the importance of having the public understand what's going on. i think in this hyper partisan world, america that we are living in right now, people attribute a lot of this stuff to politics. people see the world in one of two ways. my concern is, if someone like christopher wray is at the head of the fbi -- and i couldn't agree more in terms of the guy and the way he has run this agency, you know, there is nothing that congress can do to get him removed. >> well, you are exactly right. and, remember, that constitutionally, we have no power to indict anyone, no power to take anyone in front of a grand jury or even get him

criminally in front of a judge. as a result, we have got to repair the department of justice this that means there are great many term appointees who are not political, we will do it. we are going to have to make these changes because the american people have realized that this president, and quite frankly president obama before him, have weaponized the department of justice and used the fbi as a tool against their political enemies. >> judge jeanine: okay. all right. we have just received a statement from the fbi. it says. quote: attempt to politicize fbi agent's work and divide our team should be rejected. while there are some who claim to speak on behalf of fbi agents, only the fbi agents' association representing more than 90% of active duty special agents serve as the voice for these agents. with a clearer eye on our mission, we remain confident in director wray and his leadership

team as well as our agents. >> well, that's the reason that the other 10% don't belong to a rubber stamp union and don't want to be told everything is just fine there is no problem here. of course there is a problem. and there has been a problem. that raid certainly says a lot about how they don't have their act together and they are being politicized. >> judge jeanine: i think, you know, i must tell you, congressman, the thing that pretty much put me over the edge was when the attorney general came out and started calling parents domestic terrorists and said he was going going to sick the fbi on him all because of this critical race theory. it is a very sad day when, you know, the fbi is not held in the high he esteem that it is entitled to. so, i want to thank you for joining us tonight congressman darrell issa. >> thank you, judge. >> judge jeanine: all right. you are not going to believe what the biden administration just said about the border. that's next

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>> judge jeanine: yesterday joe biden woke up and realized people don't feel safe in this country anymore. >> for too long, too many families haven't had that peace of mind. they see kids being gunned down in schools and on the streets. they see their neighbors lose their loved ones to drugs like fentanyl, which is a flat killer. they see hate and anger and violence just walking the streets of america. and they just want to feel safe again. >> judge jeanine: he's right but it's too little too late. over the past two years criminality spiraled out of control while the president looked the other way and vacationed in delaware. americans are begging for law and order. except for the ones on cnn who think cracking down on crime will hurt democrats in the midterms. >> democrats have to weigh how

much they want to center this law and order message. they are not going to get the, you know, so-called back the blue folks. they are not going to get those voters. i think speeches like this an r. an appeal to try to call in that group. but, at the same time, there is a reform minded wing of the democratic party. and so he has to strike the right balance, i think, in these speeches and not cooking too much to distance himself from those folks as well. >> judge jeanine: when is cnn going to learn catering to the far left crazies is a bad idea. just look at kamala harris in 2020. she donated the minnesota freedom fund. she donated to it which bailed out violent protesters who set minneapolis on fire during the george floyd riots. and guess what happened? a man who was bailed out by the fund only needed three weeks before he murdered someone he, quote: had a beef with. so much for being tough on crime. and don't forget, about

fentanyl, joe biden is finally talking about how bad it is. now, that it makes up almost 67% of the drug deaths here in the u.s. the number of overdose deaths doubled last year. 107,000, 57,000 of those attributed to fentanyl. but if you ask the biden administration, they are doing a great job. >> when is the president going to do something -- >> -- so you have seen a 200 percent increase of fentanyl seizures. which means that we are -- we are doing the job of catching drug traffickers. we are securing the border. we are securing record numbers of funding from dhs so they can stop illicit drugs from entering into the country. >> not being stopped. this is being designed to target children. drug cartels are in mexico want to kill american kids. what is this president doing about it? >> to say that that we are not doing enough, peter is falsely

categorically wrong, especially on a day that we are observing what needs to be done and, and we have announced dhs has announced $80 million to prevent that. so we are doing the work. >> judge jeanine: give me a break. they are saying they are arresting drug traffickers and guess what's happening after that? they get released on bail, skip their court dates and kill more americans with chinese poison that comes from mexico. the only thing that is categorically wrong is the idea that joe biden has done a thing to secure the border or protect americans from deadly fentanyl. joining me now is former d.e.a. special ops division director good friend, someone that i worked with many years ago. all right, so let's just get right to it. the president's press secretary says that they are fighting fentanyl, they are doing so by securing the border. and by a 200 percent increase in

fentanyl arrests. what say you about that? >> >> so, judge, they need to understand that families are waking up every day, 300 a day are dying. the families are very angry. the press secretary is delusional. this mixed messages. mayorkas is saying the border is secure. they have operational control of the border. you listen to like -- where is the border czar like president biden said she is going to fix the problem. we haven't heard anything. the president himself said it was an unusual and extraordinary threat to national security but he has a wide open border. do you know what we need, judge? we need an operation warp speed for the fentanyl crisis. we need to destroy the production labs in mexico. we need to shut down the money going back, the chemicals going to mexico. but we also need the department of education to be held accountable. by the way, instead of the attorney general going after parents, right, domestic

terrorists because they care about their kids' education, why don't they go after the cartels as tears and destroy their production labs? because the american kids are way more important than the multi million dollars enterprise of the drug cartels. and one other thing, judge, september 17th, they have a rally for the families in washington, d.c. right outside the president's house. why doesn't he come out and address the families and better yet invite them like the dea for the family summit and listen what's going on in the reeled world and not the washington swamp world. >> judge jeanine: derek, i must tell you the fact that there is 200 percent fentanyl arrests both you and i know everyone who gets arrested walks out and we are lucky if they show up for the court date. the arrests mean nothing, it's prosecution. it's squeezing them to go up of the ladder. obviously you know how this works. what's amazing now they have these colored pills now that are intentionally produced to appeal

to children. we have got, and this is your word. the under declared war by china against the united states with mexico with 100,000 people dying of poisoning. we are not even talking about kids who were drug addicts. they are being poisoned. >> right. judge, exactly. so the first thing i want to say is although i applaud the efforts of law enforcement and especially cbp down in know gallis this month, seizing over a couple million pills. the question to the american public is how many pills got into the country. how many kilos of cocaine and methamphetamine and this poisonous substance mixed in other drugs has gotten into the country obviously if we are losing 300 a day that's not good enough. behind the scenes we have the chinese transnational criminals using the cartels as the proxies to do the dirty work to kill our kids. and who in america wants to see

13-year-old kids that are blue in their bedroom and their parents finding them dead? it's incomprehensible that this white house, okay, under joe biden, there is going to be 200,000 dead americans in his first two years based on the average of 300 a day dying from drugs. and do you know what, judge? going back to the border, look what chief ortiz said under oath, right the video came out yesterday, right? >> judge jeanine: no consequences. >> in his deposition. no consequences. but that's the same issue for drug traffickers. out in l.a. they are delivering 150,000 deadly pills and the soft on crime d.a. lets them go. in new york, brigitte brennen who is a tremendous prosecutor, couldn't hold these guys on bail for 165 pounds of methamphetamine because the antiquated drug laws. it's not addressing the synthetics. >> judge jeanine: derek maltz, i love having you on, your passion is phenomenal.

the sad part about all of this is it is only going to get worse. do you know what? they are killing a whole generation. all right, thank you very much derek maltz. and there's now another reason why people are fleeing the state of california, gavin newsom has declared war on cars. that's next pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain relief. and now get relief without a pill with tylenol dissolve packs. relief without the water. if you don't repaint every now and then, it's like the old you is still hanging around. younger zoe: i'm listening to music. so today, let's paint... ...with behr and make your home, yours. right now, get america's most trusted paint brand at an everyday low price.

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>> judge jeanine: just when you thought living in the state of california couldn't get any worse, gavin newsom comes out and says this. >> we will be the first jurisdiction in the world to require all new cars to be sold to be alternative fuel cars. and here's why it's significant. besides being a game changer in terms of our climate and our energy, leadership, it's a game changer in another respect that the car manufacturers themselves are celebrating and embracing it. >> judge jeanine: did you hear that? the golden state is banning the sale of gas-powered cars by 2035. that means if you need to drive to work or the store or anywhere

else, you will need to get an electric vehicle but there is a small problem. california is also asking people not to use its charging stations. they say the power grid just can't handle it. i'm being serious. this week california's grid operator sent out a notice to california residents to avoid using electricity between 4:00 and 9:00 p.m. for the next week. if this doesn't happen there could be power outages across the state. let me get this straight. california is banning gas cars but they are also asking drivers not to charge electric cars. so what are people supposed to do? bring back the raiser scooter? this is lunacy. it's like telling someone they have to bake a cake but they are not allowed to use an oven. but hey at least gavin newsom is sleep at night knowing is he saving the planet.

tomi lahren is a fox news contributor and my friend. i haven't seen her in a while. tomi, good to s see you. you and i know gavin newsom is just worried about the future. >> california call it the fifth largest economy of the third world. they have $100 billion budget surplus but they have to ration electricity in the name of being green of course they want to ban their gas powered vehicles come 2035 but electric grid also can't take it. before gavin newsom was going to boast about that, he probably should have made sure that their electric grid was up to date. judge, he is apparently signing an executive order to try to expand electricity, but i'm not going to hold my breath and maybe that should have come before this gas powered ban announcement. just a thought. jean green do you know what's crazy about this? this ideology is so overwhelming for those on the left. those so-called progressives i don't know why they call them progressives. but in any event, they just

forget reality. they say look, you have got to get an electric car. people can't afford an electric car. we are going to give you a credit for 5,000 so the cost of the cars go up 5,000. and, by the way, you can't charge them because the electric grid will my gosh can't handle what we are doing now. and, do you know what makes me crazy? they get these batteries from china. okay. with lithium from afghanistan and then the battery, when it gets old. they put it back in the environment and creates an environmental hazard. who is stay tuned here? >> gam certainly is. he got a lot of masks from china as well. what they want people to do is stay home. they tried that for two plus years with their covid protocols or want folks to take the bus. anybody that's that's been in l.a. recently know the bus system is riddled with homeless drug addicts and people mentally unstabled that expose their private parts. i wouldn't recommends about transportation for anybody living in l.a.

that's why people in l.a. have to have a car. but now they can't even plug it in. i guess they should just stay home and watch youtube. >> judge jeanine: very quickly, you know, he doesn't talk about the fact that people are leaving california or that, you know, what's going on there. i mean, he thinks he is a great success. >> he certainly does because he wants to run for president in 2024 and he knows he survived a recall that california voters quite simply can't figure it out. fleeing to the great state of florida and is he very nervous about ron desantis and the power that he holds. so a few more failures left for geasm and i think his political career will fall by the wayside or at least i'm hoping so. >> judge jeanine: tomi lahren, always good to see you. >> thank you, judge. good to see you. >> judge jeanine: all right. thanks. earlier in the show, one of our guests suggested that the government has no standing to raid mar-a-lago and the former president trump declassified all of the documents and they as a result belong to him. >> this is an unprecedented,

unnecessary and unlawful home raid on a former president. the president has the absolute constitutional power to declassify anything he wants. he has the absolute statutory power presidential record acts to have these records at mar-a-lago, a personal copy of these records and this property belongs to president trump because it is declassified and he made a copy personal under the presidential records act and that is -- that is what the 2012 decision tom fitton and judicial watch's case against bill clinton for having 8 years of audiotapes in the sock drawer. presidents can make the sole determination whether records or presidential records that go to the archives. >> judge jeanine: but there are other opinions on the matter. some believe that the government has a case for obstruction. here now is leslie marshall, fox news contributor. hello, leslie. all right. what is your response to that?

hi first of all, judge. good to see you. >> judge jeanine: good to see you. >> i know a lot of people my conservative colleagues coming. i don't. but i do believe there is a case and you would know better than i, judge, as a judge attorney i am not. some people would say it's low hanging fruit to go after obstruction of justice charge for example and that seems to be where the doj is headed rather than espionage charge, for example. there were documents that were found. there was the warrant that was issued the doj and the fbi both say that the president is not accurate when he says that all of these documents were declassified. >> judge jeanine: i guess it really all depends, as i said earlier on what they actually seize. because i don't know and i haven't seen what they seized. but, certainly, you know, the issue of whether or not the president has declassified certain items is -- there is a

process that you go through to declassify records; is that correct? >> yes, it is. and that's why it's easy to prove and that's why i tend to think the doj may not be untruthful with this information. because there is a process that anyone, whether it's donald trump, democrat or republican when leaving the white house, a process they have to go through. absolutely. correct. >> judge jeanine: aall right. leslie mark, it's good to see you. thank you so much for joining us tonight. >> thank you and have a great weekend. >> judge jeanine: you too. and alec baldwin is in more legal trouble. that's coming up. ♪ ♪ moving forward with node- positive breast cancer is overwhelming. but i never just found my way; i made it. and did all i could to prevent recurrence. verzenio reduces the risk of recurrence of hr-positive, her2-negative, node-positive, early breast cancer with a high chance of returning,... as determined by your doctor when added to hormone therapy. hormone therapy works outside the cell...

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♪ ♪ >> judge jeanine: and it looks like alec baldwin is going back to work, this time on broadway. but his legal troubles are far from over. for more, we go live to fox news

national correspondent billable illusion. >> hey, judge, that's right. alec baldwin is being sued by one of the family of the 13 marines who died during the afghanistan pullout last year after he accused the fallen marines sister of being an insurrectionist. this is marine lance corporal larry mccollum one of the 13 marines killed in an isis suicide bombing during the evacuation at kabul last summer, his family is suing alec baldwin for defamation after he accused the sister of taking part in the january 6th riots. now last january his sister royce posted a photo of the u.s. capitol on the day of the riot. that is not her in the photo right there and according to the family as a lawsuit he then messaged her writing in part "are you the same woman i sent the money for your sister's husband who was killed during the afghanistan exit? when i sent the money for your

brother out of real respect for his service to the country i do not know you were january 6th rider" and respondent protesting is legal in the country and have had my sit down with the fbi, things come have a nice day. alec baldwin shoots back "i don't think so, your brother fought back bravely and honestly, your activities were the unlawful destruction of government property, a death of a law enforcement officer, and an assault on the presidential election. i reposted your photo, good luck." and then says he reacted in a grossly negligent manner by reposting the photo to his page with more than 2 million followers and telling mccallum "you are in fact an insurrectionist" that read to a wave of hateful messages against mccallum, now asking for $25 million in defamation damages. as for alec baldwin, he is now planning to return to acting for

the very first time since the tragic deadly shooting on the set of "rust." "the new york times" reporting he will play in the play "art." >> judge jeanine: thank you so much, bill. and shyam mccallum will be on the show tomorrow night exclusively. you won't want to miss it. that's all for tonight, thanks so much for watching. catch me every day on "the five." ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight." imagine for a moment something you have never done before, but imagine for a second you are joe biden. you have spent your entire life and politics. you have ascended to high office, but in fact you have achieved very little. his political career is inevitably do and yours is in bitterness and failure. you have sacrificed your entire life to personal ambition, but you have nothing to show for it.