of 2023, i'm jon scott, thank you for watching. we'll see you next week. we're leaving you with more from this year's stag calling championship in germany. notes ♪ ♪ trey: thank you for joining us, i am trey gowdy, it's "sunday night in america," we're following 3 major criminal matters, 5 memphis police officers have been charged with second degree murder in beats death of tyree nichols, police officers are empowered by us, they have the power to arrest, search, seized because of you. the people. the local, state or federal government gives it to them.

you get that title after training, education and a sworn oce oath to defend the law. if you saw the video you know that is lawful exercise of criminal, it is the taking of a life. what should our reaction be? in california video from home invasion of paul pelosi also is out. nothing dispels conspiracy theories like video, for those who wondered what happened in the house, pretty simple, attempted murder. in south carolina, alex murdoch comes from a long line of prosecutors, now he is charged can killing his wife and son, if you are

watching the trial it is two in one, prosecution tells what you police did. and defense attorneys tell you what the police didn't do. the jury tries to find the truth. joining us now criminal defense attorney john fillmore and paul moreau. memphis, is what happened in memphis murder 1, 2 or something else? >> a great question, i ask myself the same thing, murder 2 -- murder charges i should say are appropriate, how planned was this. i'm struck by a couple things, police officers made up to pull tyree nichols over to begin with, normally exops don't need a big reasons to pull something over, something stupid hanging from the rearview, they invented a reckless

driving charg, they never game him an opportunity to get a ticket and keep going. there were fire, not one but five officers opinions what can be described as a gang mentality. what is going on here? have we so dehumanized the police over last few years. the police can no longer act human, these 5 sure did not. trey: i've seen terrible things in my career as a prosecutor, i don't know that i have seen something -- it has been a long time since i saw something that struck me the way that beating of tyre nichol struck me. and okay. the murdoch case, how do you assess the strength of the

state's case? >> i think it is pretty strong but we're in early stages, we have over 220 witnesses, i think defense scored a little bit with the implication that crime scene was not perfectly handled. in this age of csi people are expecting perfect science in every case. it might resonate with the jury, but what we have so far, i see real flaws in where the defense is going, you have seen interviewed murder oc -- murdoch 3 times brings up the boating accident, seems to be trying to force it into the minds of the investigators there timeline issues. and if the theory is a third party showed up and did this then, why was the shotgun at the house, he puts it there when you consider that reportedly the investigators matched some of t the shells from that gun and the

missing aar. a complicated case. prosecutor waters himself said, he started with a narrative at the beginning, he has to build a story, that jury can hang are all of these facts on. >> john, they are taking a chronological approach. i would like to setback and second guess, i'm not sure i would have started that way had i been the prosecutor. i'm not objective. hopefully you are, how do you assess the state's performance so far. >> i'll be honest, i've giving them about a d . maybe a c -minus. they are going in chronological order, they set out what the crime scene looked like, they are trying to put out little pearls,

that they want to put in jury's mind. say, wait, murdoch's behavior was odd. note what we would expect from somebody who came upon his wife and son brutally murdered they put the pearls in the jury's mind. that fthe moment that really sticks out. the defense attorney was speaking to one of the vest gators who put cell phone evidence in a paper bag and compared it to transporting a can of pork and beans. you done bother to make it was in -- you treated that evidence, murder evidence,

as a can of pork and beans, that was really egg on the state's face. >> paul we have about 30 seconds. i watched video, paul pelosi in california, i see attempted murder. you have more exper experience? >> i would agree, it confounding. the video really supports paul pelosi's version of things far more than it does not, i know there are a lot of conspiracy theories, but i don't see anything that cuts against the story, i'm wondering, why did it take three months to release the body warn? i was commander officer of the legal bureau with nypd in one of my former roles, we bin over backyard to bet that out. this was badly mismanaged. they had enough time to do the investigation, get the

video out, and still all of the speculation. trey: thank you, i'll need you back, these will be on going cases. >> thank you. trey: up next. former vice president mike pence is latest white house official to find classify documents in his home, congressman jim himes and chris stewart joining us next on "sunday night in america." all with chase first banking. freedom for kids. ♪ ♪ control for parents. one bank with tools for both. chase. make more of what's yours. after advil. feeling better? on top of the worlddddd!!! before advil. advil targets pain at the source of inflammation. when pain comes for you, come back fast with advil liqui-gels.

trey: welcome back to "sunday night in america," another week, high they ranking government official finds classified informations where it should not be, i searched with then congressman mike pence, this

was surprised me, it play hmay have surprised mr. pence too. >> as we sit here in your home office, in indiana, did you take any classified documents with you from the white house. >> i did not. >> in aftermath, mike pence did something that is rare in modern politics he took full responsibility and apologized. high dhe did not blame others or over classification but possession of government property or classified material is a strict by -- liability analysis, either you have it or don't. he did, that leads to wonder who else. it does beg the question of who is keeping track of of-- of what

government officials have. in the house there was nothing to return, we never took the classified documents. nothing left the room. i don't know protest for presidents or vice presidents, what we are all learning is whatever process was in place, failed. multiple times, for at least three people. congressman jim himes served on house intelligence committee, he is from the great state of connecticut, welcome congressman. we hear the word assessment as in director of national intelligence doing a risk or threat or damage assessment. what is meant by that? >> well, it is good to be with you. you got it right. what you said this is a binary thing. you either have it or you don't. doesn't matter if it's in a garage or a cabinet. as we know from our service

together, there can be classified information which is not that risky, should it get out, then stuff, if if it got out people would die. important in all these cases, president biden, president trump, and vice president pence, we understand whether there were sources or methods that could be put at risk in the events that any of this was disclosed, that is an exhaustive process but important one if we need to protect someone or method we need to do that. trey: congressman, you raise a great point, that leads to my next question, is congress entitled to know what documents were found with trump abides en and pence -- trump biden and pence, if you saw the documents you would be able to do the assessment. sometimes it helps explain

how the document may have been taken. is congress entitled to know as much as the dni or the doj ? >> we served on intelligence committee together, that is a committee a subset of congress that sees pretty much everything. when you sea i you say is entitle to know i go to system today designated members of intelligence committee maybe select others get to see what was disclosed. i'm not sure if i were looking at a stack the classified information that vice president pence's or joe biden's house, that i would be able to know just looking at it what it is risk was. as you know the danger, if we be a fact a conversation that was occurring to make something right up here in a closed room in north korea, we really don't want the

north koreans to know we know that fact, because, gosh they will start to think about who else was in the room. i'm not sure that we as members of congress can get at the real risk. but we certainly do need to know what was exposeed and what is being done about it. trey: you raise another great point. the house does not serve on the intelligence committee, those who did serve we have something called the "gang of 8". would it be acceptable, i don't think that you are the ranking member, i think you would be a great ranking member. would you be satisfied if chairman mike turner and yourself were able to look at it in a bipartisan way. >> i'm always a believer of more is better, the more people who can see the facts, the less uncertainty and less rumor, less conspiracy theory grows up around it reason that "gang of 8" exists is that there

are some details that are so sensitive, you don't want to show the full intelligence ccommittee, i get that. paper that has been sitting in a garage or a florida club, i would be surprised if that was current operational stuff that usually gets briefed to the "gang of 8", that does not mean it's not risky. you could look at a fact that we know, say how did they get that fact, i would be surprised if this rose to the kind of "gang of 8" threshold. trey: well, i will speak for myself, i would love for you to be able to look at it alongside now chairman mike turner, i think that would be a great for the institution, to have two people that are well regarded to look at it thank you jim hims for your cont-- jim himes for your continues coverage. >> thank you. >> joining us now,

congressman chris stewart from great state of -- utah. i'm sure your viewers are wondering how does this happen. a president, a senator, two former vice presidents. how does that happen? >> that is what we're all wondering. when we were in the scif, we -- i could not imagine walking out of the scif with those classified documents, and of your viewers may not know every one of these documents is numbered there is a log kept as to who used that document -- viewed that document. it is marked what the classification is and why it is classified. my point, not the kind of thing you walk out and don't realize, certainly not thing stlaw laying around your . >> that you have lay around your house, seems to me there something standard that is different for people like and you i, members of

congress, and people in agencies, and those in the executive, particularly within the white house, i think we have to lock at that they don't have a process, or they have not enforced process to guard them, clearly we need to look at it. trey: we have 3 branches of government, le legislative branches have a very important role to play. would knowing that documents that were found or which documents were taken what would shed light, would you want to know it, so -- sometimes knowing the document taken helps you understand the motive for why it may have been taken. is house intel entitled to

see the 3 tranches of document. >> you asked that to jim as well, it is we should, we represent the people, you talk about policing powers earlier, you give the different of justice enormous power and fbi. normous power, they is survey you, and read your emae-mail and read your text, if they have a court order, how come we give them that. that is the role of congress. keep our eyes and keep our focus on are they abusing that power. of course, they should tell us what the documentings contain, we represent the people, we can do that in a way that protects it. and i think equally important, we need to know what the threats were. how -- you know what national security what important. information was exposed.

trey: chris. i know that the house is not fully constituted yet, what that happens and committee is populated, i hope you are able to see it, i would love to have you back on, not to discuss what you have seen but to get your reaction to how we fix this. and meantime, one of my favorite people from great state of utah, chris stewart thank you for joining us on a sunday night. >> thank you, sir. trey: coming up, they can't say they weren 't warned. kevin mccarthy said he would remove adam schiff and swalwell. he did. qunol has the number one cardiologist recommended form of coq10.

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>> you are keeping -- >> intel comitty. >> he used his position as chairman, knowing he has information that rest of america does not and lied to the american public. highhe can serve on a committee but not innel it goes to the national security of america. trey: welcome back to "sunday night in america,"

for a decade, adam schiff tried to keep you from learning things you needed to know, like whether an unverified dossier was used by fbi in court for surveillances on an american citizen. and who paid for the dossier. schiff wanted to keep hillary clinton's secret server a secret. they were important yet he wanted them hidden, but he made things public that were not true, he said he had evidence of collusion when there was none and misled you about meeting a whistleblower and told that you a laptop was russian disinformation, we knew it was not, he was the source of misinformation for many left leaning media outfits,

they are outraged, he is no longer in a position to share, secrets, with them, the intelligence commit sce committee is a select committee with unique access. the g "gang of 8" have even more access. adam schiff did not meet the standards. joining us now former house intel committee chairman devin nunez. you sad behid beside adam schiff for years, was speaker mccarthy right to bounce schiff off of this committee. >> absolutely, i am still trying to get cleaned up and sobered up with that experience that i sat with him for though long, i have to mention, an appr important one, the whole time he was accusing trump

and republicans colluding with russia, he was talking with russia, trying to get his hands on these so-called news pictures of president trump. the reason he will run for senate, he can no longer be on intel, only other option was for goi on only fans, for scw swalwell it may be his only. trey: let the record reflect, i don't know anything about that. i don't want anyone to think that you and i just don't like adam schiff, that is true, but i don't want anyone to think that. let's did to mike pompeo, a clip from mike, he was on house intel, former cia stredirector and former

secretary of state. >> adam schiff lied to american people during my time, i know he liked classified in was that was provided to him, i don't think he should be seeing classified information. trey: that say serious allegation. you and i know that he lied to the american people and withheld information they were entitled to, but pompeo said he liked. -- he leaked. >> it is serious, i'm mike pompeo would be in a position to know, you know there were always leaks some, happened were classified information. but other times, you allude in your prelude, he would leak things that were not so, which is more dangerous, he would come out from the scif, and say, i can't tell you what i have seen but it is really bad, we know there is in.

could in sight, more than circumstantial evidence that what? trump and republicans are somehow tied to vladimir putin, this has a real meaning in life. i'm sure you get this too when you walk through an airport and you talk to people, you will have people, i do, they tell you, i can't believe how you have defended vladimir putin like this i'm like, what the hell are you talking about. the damage this schiff has done in scwea swalwell have done is serious. trey: i don't get, you were talking about russia, longer than anyone else has been talking about russia. well before allegations of collusion and all through them, you may be the biggest enemy of russia. how someone could accuse you of defending computer ini don't know. tonight exto i want to ask you about media,

they seem to be in ashing and sack cloth over fact schiff is off intel. >> i think more so, you look at twitter files released we have always known media was in on this starting in 2016 with the dossiers, everyone in washington, d.c., had the dossiers that clinton campaign was producing, feeding to people, i think that everyone including the russians this the dossiers, only one was you and i, in and the republicans and trump campaign, we were kept in t the dark, the media was in on this, you would think someone might have some self awareness, and say maybe we made a mistake, it doesn't look like they are doe, that look like they are doubling down. trey: we'll be in for a language wai long wait

if you wait for that thank you for joining us. >> always a pleasure. trey: adam schiff is not only democrat in jeopardy of losing's seat on a committee, eric sc swalwell is off intel. select committees are different. ilhan omar would require a vote by the house, what is the case against her service on that committee. >> i think her anti-semitic remarks and horrible things she said when was inaccurate and getm dealt detrimental with u.s. foreign policy, i stood on the floor of the house, and

defending representative gosar when they removed him, i said when you get into this position, you can make these cases. i think speaker mccarthy is doing it appropriately, not taking her off all her committees, not on this one committee, you have to remember this kind of thing never stays the same, it always escalates, which is what i warned by democratic colleagues about when i on was floor last congress. trey: there are members of congress on republican side. that have attended wh white nationalist conventions. allegations of inaproam yappappropriate thing on both side, i like standards going forward. >> i think we have moved our own member from all of his

committee who i first got to congress, i agree the way you move forward, if there is an ethics violation or an dime indictment each party takes care of themselves. give then case, if speaker moves forward with a vote i'll support him in that. i like how we do it you have a verifiable char charge and we'll take care of it in house. trey: george santos, i am sure people out there are wondering, ilhan omar we don't like what she said biz really but george santos we can't believe what he said about israel or anything else? >> because he has been elected by his constituents, i said this also last on floor, we don't -- george

santos i'm not his boss, speaker mccarthy is not his bos boss, people sent him. here. i think it is really important to remember that we're not taking them off all committees like speaker pelosi did to two of our members. we're not doing it as bad as speaker pelosi did, and making it one specific thing. if george santos or anyone else has an an ethics violation and gets indicted we'll deal with that as a republican conference like have wees in the past. trey: congressman kel armstrong thank you so much. >> thank you. trey: coming up tanks are headed to ukraine. is it the right decision? what took so long?

senator tom cotton is next, right after the break. d at work, helping them achieve financial freedom. we're investing for our clients in the projects that power our economy. from the plains to the coasts, we help americans invest for their future. and help communities thrive.

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trey: we're back with fox news alert, a russian missile struck an apartment building in ukraine second largest st city.

a rocket struck center of kharkiv, the latest attack as u.s. and germany prepare to send tanks to front lines of the conflict but after repeated request from nato allies and ukraine, does this mark a new escalation in the war? is that a good thing? how does this war end, tom cotton, army s veteran, senator from great state of arkansas. first your reaction, another e ukrainian person killed in app apartment. how do you assess the state of the war. >> this is another act of savagery by russian military against innocent civilians in ukraine, no wonder ukraines have fought so ferociously in last 7 months

to defend their own homeland when you have vladimir putin and his military launching missile strikes and killing elderly men, women, and little children and grown men and women. you can expect them to fight to the death or victory. i welcome president biden's di decision to provide abrams tanks, but it is long over due. trey: senator, what do you attribute that initial hesitancy, to from biden and germany as well? >> i think at first our government like most in europe believe that russia would roll into kyiv in just days and topple the

government, they didn't want to take action that would cut off their nose to spite their face. it was after president zelenskyy and ukranian army stood first in the first 5 days last member and fought back. that the west was shamed into helping ukraine, since it has been a timid, frightful fear of escalation by russia, russia has been escalates against ukraine back 9 years now, you saw it in obama-biden administration as well, president biden would not even provide antitank missiles, rather giving them meals ready to eat. you have seen that over and over again. we share now, ukranians make a request, biden administration refuses it, a few months later we grant it, had we granted it at the time perhaps russia would

not have had success in taking territory they have already. we should give them the tools to finish the job protect their country and win this war. so it won't be more protracted and bloody than it already is. trey: you went to harvard. china, we have a general said he anticipates war, then mike mccaul, he hopes not but thinks so. how do you assess the likelihood or prospects of a full-blown war with china. and our country? >> i commend air force general who told his own troopers they need to be ready to fight a war as early as 2025. i may have said next year or this year because of president biden's failed

policies, i'm sure that generated some controversy in biden administration. his words remind me of the what lincoln said about u.s. grant, and -- said grants drinks to too whiskey, i hope every general and admiral in our military are preparing their troopers to fight a war against china in western pacific, i'm afraid xi jinping may go for j jug jugular against taiwan. because president biden continues to deny that china has been waging a worl cold war, the best way to win a war is prevent one from ever happen. trey: senator come cotton.

to -- tom cotton. thank you for joining us on a sunday night. >> thank you, trey. trey: coming up a growing number of parents are unhappy with how their children are being educated, they have been deemed the exhaustist majority, matt bardon will join us next. ♪are you ready♪ ♪are you ready♪ i work hard, and i want my money to work hard too. so, i use my freedom unlimited card. earning on my favorite soup. aaaaaah. got it. earning on that éclair. don't touch it, don't touch it yet. let me get the big one. nope. - this one? - nope. - this one? - yes. - no. - what? - the big one. - they're all the same size. wait! lemme get 'em all. i'm gonna get 'em all!

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trey: welcome back to "sunday night in america," parents do not want to go back to way things were before the pandemic. majority of parents top overhaul k-12 education, and they want their children to learn how to balance finances. pand want their partner to do more than just prepare for college but to repair for life, children who can concan think for themselves and reasons and analyze, is it time to overall what we thought we know any education? joining us now former public schoolteacher, founder of zinc learning labs mr. matt bardon. thank you for joining us. >> i just want to thank you and your team for bringing it to my attention, this study populous.org.

it is really smart. it courageous, it gives you a snap shot to what parents are feeling. i was say the high level is what they call for is you said, big changes. what it boils down to, what i call love-base learning, they want a system that makes their system -- engages their kids and teaches them to think critically in the basics but also prepares them for a life the purpose and meaning. that is what we all want for our kids. instead we have a system that is fear based. it is a fear and shame base. environment, based on ex tron motivators like grades it is not really working, i don't want to

sound hopeless, i am not. i see a lot of hope, i see teachers like my brother-in-law who just retired who help create a generation of brilliant kids in maine by having a project based classroom he demanded critical thinking and he had kids making things and doing things, it is a gift ted program, i don't know why it is only for gifted kid, i met a teacher last week, he she was watching kids lineup, she knew like many of us, know that what works is love-based, she and her husband who a f football coach, founded a school, based on mastery, you don't just pass kids along or fail them but make sure they 11 what they need to learn at

their own pace. another thing that gives us hope, these ideas are not new. john dewey wrote about this in 1800s. peo-- the system is based on fear that stifles that. we see in d adult world that is changes, even in nfl football. i don't know if you watch that, but, the jaguars beating the chargers, a couple weeks ago, we saw trevor lawrence with 4 interceptions, his people trailing 27-0, in our jeffration, is he coming back from that to 34 tough town passes. >> i don't think so, that is a love-base system that is the coach turned this program aro around. that is what parents want to

s see. it is a tall order it needs to. trey: i love the notion of love-base learn, i have to be honest there is not enough love in the world that can teach me how to multiply fractions. >> you have to come see me about that off air. trey: i wanted to be a prosecutor, i don't need to multiply fractions, right now i read of a teleprompter, when i have you back, i want you to talk to me about some alternatives to this kind of traditional curriculum, you are an expert. i was married to a schoolteacher, she spent forever in a classroom, i really care about this join us, but don't bring up jaguars coming back to win a game they did it to dallas, that is still sensitive for me. next time we'll talk about alternatives. >> okay. very good rked.

i don't care about the jaguars, i care about what made them win and our parents and teachers do. trey: well said. good night, thank you everyone who was kind enough to bear ma buy, read or listen to my new book, if we could have a conversation with our youngerselves, what would we say. we get one shot at this gift called life. so much of life is to defended by our decisions, let's become experts the making decisions, start, stay or leave, a book written to help you navigate our way to a successful well lived life, thank you for spending part of your sunday with us, until next week you can find us on-line. good night from south

carolina. "life, liberty and levin" is next. ♪ ♪ ♪ ♪ mark: hello america, i'm mark levin this is "life, liberty and levin." we have a great show. two great guests, speaker of the house kevin mccarthy, our buddy, legal eagle leo terrell, before we do. you heard of advance placement courses and college board that puts it together and virtually every