that's the word from andy mccarthy. unlike us, not a hothead.ober assessor of the law, and we're glad you came on tonight. andy mccarthy, thank you. >> thanks, tucker. >> tucker: we are hearing something's not clear if they are true, but we are hearing them, about the future of the dwarf can come the leader at cnn, and that may be uncertain at this hour. hmm. that i could have big invocations for the american news business, obviously. we will find out more, you will be the first to know. we will be back tomorrow, so that is the sworn enemy of lying, pomposity, smugness, and groupthink you have a good night. here is sean hannity. >> sean: all right, that is like a conspiracy theory. who is the king? who is this guy? i've no idea who you're talking about. >> tucker: the dwarf king! from layer, a top cnn leader sends his minions out to crush free speech. >> sean: i got to figure out a code. i will get there. tucker, thank you, good show. welcome to "hannity." tonight, finance climate czar john kerry says he has no choice, at all, but the jet set al

attorney from the southern district of new york at fox news contributor andy mccarthy.you'd not been reading his op-ed on foxnews.com, cancel the rest of your day and do that. some of what you're writing educates us in such a high level. i've learned a lot about impeachment from you and what you write. i'm curious, what is the headlines for today as we go into impeachment? >> that's very kind of view. i think we are all getting good at impeachment since we do it more often than we used to do. [laughter] i think if i had like one theme i would want to make out of this it would be instead of going as a senate trial, i would call it the orwellian trial and that's because almost everything you hear and almost everything were going to be told is kind of the opposite of what is actually going on. and to be concrete about that, i think you were going to hear again and again that it's it's important to go through with this trial because we must make sure that donald trump is disqualified and can never seek office again. the thing is, the democrats know that the outcome here is

andy mccarthy and what he makes of that, former u.s. attorney. erall numbers the administration reported were accurate. we're arguing which came out of nursing homes, which is essentially what he's saying. what do you through? >> at this point he's been giving information or his administration has since august to the justice department and to new york state. so this is going to be investigated. he gave them accurate information or he didn't. as i understand it, there's three different strands of investigations in the justice department, a civil rights investigation, there's a civil claims investigate which focuses on potential false claims and a criminal investigation that got kicked off this week. so there's going to be a lot of looking at this. question should remember that governor cuomo has already toughed out one investigation during his term. there was a big corruption investigation by the justice department beginning in 2014 that claims a number of top people in his administration, particularly his top aides -- >> neil: i remember that. he

assistant dirt or attorney national view colonists fox news contributor, andy mccarthy. welcome back antiperspirant hi kitty how are you? kennedy: really good you raise some really good points in your. he said one of the key elements here if you're improving inside me also have to prove intent. how would you typically prove someone intense to have someone else commit a crime? >> i happened to be one of the rare prosecutors current or former actually has tried a criminal incitement case. and it is a very tough proof. basically you have to show they have made on ambiguous statements calling for violence, that they really intend the violence to happen. because in our lobby want to separate people like the terrorist i prosecuted in the 1990s who are calling for violent attacks versus the guys sitting behind the plate screaming kill the empire, right? so what the law requires that you have to show that they actually intended it to happen. that it was imminent and probable that it would happen. so i prosecuted a terrorist leader, it would've been a tougher case against him, ke

let's go to our panel, chris wallace, bret baier, byron york and andy mccarthy, fox news contributor. great to have all of you with us today. bret, let me start with you. the house side, the house managers have laid out a compelling case. they have put tweets on the board and married it to video, married it all to exactly what the president was saying at that time and they have gone back in history to make the case that he laid out this plan for some time beforehand and was aware that there were plans to come to the capitol and to cause this kind of mayhem and chaos in the capitol. we have seen that laid out this afternoon. your thoughts on how compelling that is as we wait to hear from the other side. >> listen, martha. it compelling. it's creative the way they're weaving in video and the tweets. it's chronological. they're going back in time to show what statements were made by president trump before january 6. you know, i think it is effect i've to lay out how the president said that the election was stolen. whipped up his supporters on that front. what you want hear from the trump

andy mccarthy joins us next for a sober assessment of the cates -- case against this man.e right back. >> tucker: the department of justice is prosecuting a generalist for making meme ins on the internet. being sent to the jail because is meme spread miss information about the 2015 election. we liked a sober assessment of this case because it matters for the whole nation. he's a former u.s. attorney, happy to have them on tonighthto assess. what do you make of the argument the doj is making inch of the rest of us be worried about it? >> i like to say it's a ridiculous case, tucker, but it turned out to be a red down a dangerous one in the end.in a guy putting out some memes with information in it. they'd like to charge him with fraud but they can because is not criminal fraud so what they've done is trivialize something that's a very serious problem which is voters to get threatened with physical harm to prevent their right in voting. this is in applied to the situation at all so it's like in the fbi in the end to manage communications in election campaigns. i think we've

andy mccarthy reacts to that and more. national guard still in washington, d.c. what are they doing and how much longer will they be there? >> we have more servicemen and women protecting the capitol than we do in iraq and afghanistan combined. to the tune of already $500 million. retirement is an opportunity to fill each tomorrow with moments that matter. and a steady stream of protected income can help you secure the life you've planned. for more than 150 years, generations have trusted the strength and stability of pacific life with their tomorrows. because life isn't about what tomorrow brings. it's what you do with it. ask a financial professional about pacific life good morning! this is where everything istarted. you do with it. the four way is engulfed in history. you're sitting in the place where giants ate. the four way is the heart and soul of the community. ♪ is that net carbs or total?... eh, not enough fiber... chocolate would be good... snacking should be sweet and simple. the delicious taste of glucerna give

andy mccarthy clarified that earlier today in the tea break. speak of the president is not the commander in chief of the country. he is the commander in chief of the armed forces of the united states. as for the rest of us, he works for us. he doesn't give us commands. they are trying to create that impression. >> mark: civics classes are so dumbed down people don't understand that tom can order a drone to take out nicest guy, but he can't order you to take out a senate window. if the democrats figure it's working for them, and may turn the impressionable squishes on the g.o.p. side their way. joining me now, shannon bream, chief legal correspondent and host of fox news at night, but you should be watching tonight, shannon, great to see you. don't with analyst hat on -- you covered all of these big important supreme court cases. it must be kind of slightly weird to have to pretend that this is like a regular judicial proceeding when in fact, if it were happening in the district courthouse, it would be lack dominic left off stage procedurally. >

the fox news contributor andy mccarthy said this is the most serious. >> looking at potential as theynsurance fraud and tax fraud in connection with his business practice is, and they have obviously interviewed a lot of witnesses including the top lenders. >> federal prosecutors in washington, d.c., say he could face charges for his role in the capitol hill riots on january 6th. [screaming] >> expected to speak at cpac in orlando on sunday in his first appearance since leaving the office. a moment i could set the tone for his future role within the g.o.p. arkansas governor asa hutchinson saying that trump will just deepen the current divide. >> he will only define our party if we let him to find the party. >> supporters disagree like former senior advisor jason miller who tweeted "donald trump is the republican party and its future." amid the legal battle sitting small victory, the supreme court rejected stormy daniels effort to revive her case. brett. >> bret: thank you. the wife of mexican drag kingpin is in custody tonight on drug trafficking charges. assange emma cornell was arres

andy mccarthy with that next. >> i want to tell you, i want to tell you, kavanaugh, you have releasedring and applause] >> if you see anybody from that cabinet in a restaurant -- tomorrow holds the course of your financial future. which is why it's good to know exactly how you'll get there. for more than 150 years, generations have trusted the strength and stability of pacific life to protect their tomorrows. because protecting those you care about with life insurance and retirement solutions is a winning game plan. ask a financial professional about pacific life. the new ergo smart base from tempur-pedic responds to snoring automatically. so no hiding under your pillow, or opting for the couch. your best sleep. all night. every night. renew your sleep with the one-of-a-kind comfort of tempur-pedic, and save up to $500 on adjustable mattress sets. the lexus es, now available with all-wheel drive. this rain is bananas. lease the 2021 es 250 all-wheel drive for $349 a month for thirty six months. experience amazing at your lexus dealer. ok everyone, our mission is to provide complete, b

on connecting the presidents rhetoric with what happened, andy mccarthy had a very interesting column today in which he said because there was a single article, and that is insurrection, he says what president trump did was clearly "reprehensible, but it wasn't incitement." however, democrats argue that because of his influence as a public figure, which is outside, that this was not merely figurative in nature when the president was talking about things like fight. >> andy mccarthy, i think, is a great lawyer, viewing this as a strictly legal proceeding. it isn't. it is a political proceeding. these jurors can in effect decide whatever they want. they can sit there and say this is incitement, or this is reprehensible or whatever appear they are not bound by the four corners of the impeachment motion, so if they want to say that it is over the line and we want to convict the president and we want to disqualify the president, they can do that, and nobody is going to -- i thought one of the things that cicilline did that was very smart today, i agree with shannon, i think it is highly un

>> kennedy: i had a really interesting conversation last night with andy mccarthy about this and perhapsntie pointed out, with incitement you have to improve intent, at least in a courtroom, we know this is a political proceeding and is very dubious whether or not they were able to do that here. i think what a lot of the video and some of the tweets have shown that the house managers, that we got to see, it was really shocking and really disturbing but that doesn't necessarily have to do as much with the actual incitement charge. then proving the president's intent and as andy pointed out it was a dereliction of duty that was the most egregious, as all this was happening. the president was silent for hours. >> harris: we are going to give ken starr a little bit of a workout year, emily compagno has a question. >> emily: good morning, ken. my question revolves around intent. much has been made of the proceedings and that they are political and not legal and i think reviewers they'd like to hear, what exactly is the standard then? we know that incitement to insurrection in the criminal wor

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want to get the read from andy mccarthy, fox news contributor, former u.s. attorney. will have jim trusty, the former doj prosecutor. andy, let me begin with you on this separate line of attack here on donald trump and that he's still a clear and present danger. i'm not quoting it exactly. but their clear message is you can't allow letting this guy run for office again. what you saw play out on the capitol could play out again. the bellicose language and the rest. they were picking apart that went back years. it's still a risk for the american people now. what did you think of that strategy? >> i think it leaves out the step of proving the case. you know, obviously, neil, the whole reason for going through this is to get to the disqualification point. i have never overanalyzed this too much as a lawyer because i don't think the democrat it's want donald trump disqualified. they like him to continue being a fracturing figure in republican politics. i don't think anybody realistically thinks he will be president again. i must say, i just think -- i thought they had an ef

we've got chris barron, kathryn maggie warren in andy mccarthy to myrna but it's going to be awesomee hunter with a simple motto... >> today is the day. >> today is the day. >> today is the day. >> ...hits the mother lode. >> ...a shipwreck, which had 40 tons of gold and silver and copper on board. >> when his heirs cash in, collectors grab a piece of the action. >> a gold chalice. $100,000 to open the bid. >> but this treasure hunt is far from over. >> is it true that there's a 40-pound bag of emeralds down there? >> it's 70 pounds of emeralds. >> could you look harder?

we've got chris barron, kathryn maggie warren in andy mccarthy to myrna but it's going to be awesomey. goodbye. ♪. elizabeth: biden administration now getting slammed by economists, conservatives, security experts for letting politics and democrat special interests politicize and weaken three major policies that affect american families, their jobs and security. it is not even the first 100 days. it is about killing oil and fast jobs, creating more poverty in the oil patch failing to reopen schools as promised, kids and parents especially single moms suffer. it is about appeasing china, weakening border security. the pushback against all that is picking up speed. on the show, matthew

we've got chris barron, kathryn maggie warren in andy mccarthy to myrna but it's going to be awesome sauce. you know what they say, make every day at kennedy day. goodbye. ♪. elizabeth: biden administration now getting slammed by economists, conservatives, security experts for letting politics and democrat special interests politicize and weaken three major policies that affect american families, their jobs and security. it is not even the first 100 days. it is about killing oil and fast jobs, creating more poverty in the oil patch failing to reopen schools as promised, kids and parents especially single moms suffer. it is about appeasing china, weakening border security. the pushback against all that is picking up speed. on the show, matthew whitaker, james comer, kelly armstrong, john cox, james carafano. look at this story, dozens celebrities demanding green activists demand president biden kill the keystone pipeline. 14 attorneys general, say stop the out of touch virtue signaling. you're creating more poverty during the pandemic. critics ask why is it okay for the biden administ

. >> bill: marc thiessen and mo elleithee and andy mccarthy with legal analysis. mike tobin in chicago. the mayor told the teachers to go back to school today and teachers haven't done it. >> good morning, bill. in-person learning for elementary schools was supposed to restart today. but if you'll notice, this elementary school behind me is empty because chicago public schools notified parents yesterday that they couldn't reopen because they couldn't guarantee enough teachers would show up. all of this happens as the schools are teetering on the brink of another teacher strike. chicago mayor lori lightfoot said if teachers don't show up today they'll be considered absent without leave. school district ceo issued an ultimatum cutting off teacher's access to remote learning. >> teachers that fail to report to school tomorrow will have their access to google suite cut off at the end of the business day. >> the city says 100 million has been spent on things like ventilation, personal protective equipment. mayor light foot claims negotiations with the teachers unions h

. >> dana: let me ask you something how andy mccarthy is thinking about this.in national review that incitement was the wrong way for democrats to go if they wanted to do impeachment and get a successful result. he was talking about quoting from his piece that as president trump had the obligation to preserve, protect and defend the constitution and that what he was asking to be done was for the states not to have their votes counted by mike pence. his role was largely ceremonial. that basically was asking the vice president and congressional republicans to do something unconstitutional. would that have been something that the democrats would have done a better job on? >> right. there are a myriad of ways you could have drafted this article. there is reason to condemn the president's comments but the house democrats didn't want to do that. they didn't want to hold a hearing looking at the implications of this language. they ordered up what i call the snap impeachment. impeachment that has no record of the hearing, no investigation, not even a formal opportunity

first want to bring in andy mccarthy to help ride shotgun with us today. good monday today.what do you think you would expect in a hearing like this on that? >> because it's political, bill, i think obviously they'll try to highlight it now because they have cuomo on the ropes. they will look for a guarantee from judge garland that they will be on this and be aggressive about it. i really don't think there is that much reason to worry about that. the obama administration actually investigated the cuomo government in new york pretty aggressively about five years ago or so. and we're in a situation where the justice department jumped right in about a week ago when it became clear that they had -- they were basically admitting they cooked the books on these numbers. there is at least three different justice department components investigating cuomo and progressives in the legislature in new york and the attorney general in new york are investigating cuomo. so that will keep the justice department honest independently. i think they will be pretty good on that. >> dana: one of th

andy mccarthy says that 95% of it doesn't deal specifically with covid.th covid but this particular thing just points out again how they are looking for their own special interests, to reward them in various ways, looking to the future, what's most important, congress is getting reelected, they have the power now so they are rewarding the special interests so they can get reelected. there is another thing we just heard about silicon valley, facebook, silicon valley has been making out like bandits over the pandemic. god bless them, glad they are making money, benefits a certain part of the system but they are making hundreds of billions of dollars. they got what got wet in here? $100 million to increase the rail system going into silicon valley. >> sandra: this bill is a sunday swamp is back, listen. >> this bill is too costly, too corrupt and too liberal. we watched the swamp come back to washington. i have watched what they do here. this seems like a payout for those who agree with them. that is a corrupt system. >> sandra: directly addressing this bill

the real charge, andy mccarthy better charge was dereliction of duty.as the president doing while all the riot was ensuing. did he call for any forces to shut down the riot? why did he not get out front and center and tell people to go home? what was the delay? that would have led witnesses to call what he was saying, get mccarthy in there. disclose the real nature of that call what went on. when you lead with an incitement charge, you don't prove that the whole thing kind of shuts down. so i think the issue was the charges, the constitutionality, yes, that can be debated among constitutional lawyers that know a lot more about that than i do, i think that was the struggle, the charge itself. pete: very much so. the whole thing was preordained we knew from the vote to begin with when there was no jurisdiction whether there was going to be impeachment here. will, to your point. it was predictable. there is witnesses now? this could go on for weeks. democrat john warner, said finally something unscripted i looked back up at tv couple hours later, closing a

andy, thank you very much. >> see you. >>> and -- oh, god. and "new day" continues right now. >> kevin mccarthyttle, too late. she's still going to be a member of the house. >> i just need to speak up. the worst thing can happen is we can get defeated. >> the hope is that there will be enough fair-minded senate republicans who are going to follow the facts and hold him accountable. >> it's probably not likely to get 17 republicans to change hair view and convict for an impeachment. >> question for the democratic party is how much pain are you going to put us through until we get to a verdict of acquittal? >> this is "new day," with alisyn camerota and john berman. >> welcome to our viewers in the united states and all around the world. this is "new day." at this hour, members of congress are paying respect to capitol police officer brian sicknick, who lost his life protecting them. we have live pictures now. officer sicknick lying in honor inside the capitol where he was killed during the insurrection four weeks ago. later today, there will be a private burial for sicknick at arlington national

both ways just like kevin mccarthy and the truth is, brian, that the republican members and representatives and senators are not particularly choosing radicalism. people like andy biggs and paul gosar, congressmen, they believe this stuff. they're on planet rudy. i love listening to rudy giuliani talk. i want to be where he is. it seems like a happy place but it's not here. the problem is most of the members are realizing that their voters have been radicalized and with trump off the stage they're still going home and brother-in-law and high school roommate and the lovely people at church tell them all this stuff and they believe it and the push-back is rejected. so even though we have an escalating disinformation crisis when these members of the republican party try to say that isn't true they're told it's a free country and i've heard this myself. we are free to think the way we want and we don't appreciate the media and the democrats saying that trump supporters need to be deprogrammed. so once the voters have been this radicalized this is where their representatives will follow. >> jonathan lemire, i'll ask about the last president you covered, not the curr

mccarthy. and the truth is, brian, that the republican members and representatives and senators are not particularly choosing radicalism. people like andy bigs and paul gosar, congressman, they believe this stuff. they are on planet rudy. i love listening to rudy giuliani talk. i want to be where he is. it seems that it's a happy place. but it's not here. the problem is, most of the members are realizing that their voters have been radicalized, with trump off the stage and all twitter. they are going home and their brother-in-law and the high school roommate tell them all this stuff. when these members of the republican party try to say that stuff is not true. i experienced it myself. so, unless the voters are peeling radicalized, this is where their representatives will follow. >> jonathan lamire, i will talk to about the last president that you were doing. it is february 4th. the gop is as strong today as november 4th. >> it seems like it's waivered a little, brian. this is still donald trump's republican party. yes, there were some republicans that were today, voting for stripping this the congress woman of her committee status far m

andy biggs, matt gates and that is very much the anti-liz cheney. the other thing that some people may not realize is that those same freedom caucus members endorsed marjorie taylor greene. so kevin mccarthy has to decide which side he's on. he hasn't really shown an ability to do that. >> listen, the party has to make a calculation as to what side the voter is on as well, right? and there's a real split there, although it seems the voters stick with the trump wing. charlie, jamie, stick around. we have more questions for you. let's bring back lauren fox. the other big thing, still, waiting to happen on the hill today is a power-sharing deal among republicans and democrats. listen, it's 50-50 but with the vp breaking the tie, democrats are the majority. what's holding up a rules-setting deal here so they can get on to other business? >> it has been weeks, jim, that we have been waiting for an agreement that would officially shift over who controls the committee's gavels. that's obviously very important because those committees are setting the agenda for when biden's nominees can move through. and there are different relationships on these committees. some committee chairs have allowed the