. >> dana: we bring in jonathan turley and andy mccarthy. you know these guys and happy to have you here. let me start with you, andy mccarthy, your thoughts. >> well, i think this is merrick garland and joe biden being caught on the axle of their own politics. there was not any reason for there to be a special counsel in this case. the biden justice department investigated trump for two years before jack smith was appointed. he was appointed because garland knew there were going to be cases brought against trump. he knew that trump would make the political claim that biden was using his executive prosecutorial authority against his political enemies. so in order to create the illusion of independence of the prosecution of trump jack smith was put in for that purpose. the problem is constitutionally speaking, his position is not created by congress and he is neither nominated by the president nor confirmed by the senate. and the roster that david just ran through, most of those special counsels were confirmed u.s. attorneys. pat fitzgerald w

andy mccarthy, are you still with us? i read a statement from trump legal team and try to get mark levine in him. we can't to continue to hear from him calling it a pivotal motion. the supreme court declared this administration's relentless lawfare will not go unchecked fete further thoughts. >> it certainly has shown that lawfare won't go unchecked because i think the defining feature of lawfare is this notion that even when a president is acting within the presidential authority, prosecutors who are inferior officers in the chain of command at the executive branch, that prosecutors are empowered to read into the motivations and read the mind of the chief executive of the country. that never made any sense. but it is really the foundation of what politicized prosecutions are built on. and why it would be reasonable for a president, upon leaving office, especially if he is turning the government over to a presidency of the other party, would have to fear that policy decisions that were made during his term would be revisi

andy mccarthy, jonathan turley and trey gowdy. jonathan, your thoughts as we get ready for this big day? >> all eyes are on chief justice roberts. you had four justices that were highly skeptical about the lower court decision. roberts shared a lot of that criticism. at one point he openly dissed the analysis of the lower court seeming to say a president can be prosecuted because he is being prosecuted in a type of circular logic. so you have five justices that were very skeptical about the lower court decision. but most of the judges also expressed an unwillingness to embrace absolute immunity the type of sweeping argument made by the trump team. what will be really quite important is whether the court gives any concrete guidance as to how we define official acts, if they do remand this. and whether they make any reference to donald trump's speech or what occurred on january 6th. the details we'll be looking for. >> dana: let me turn to you, andy mccarthy and find out from your perspective who you think might join all together he

joining us is only favorite legal minds former federal prosecutor fox news contributor andy mccarthy.unselor from going to talk fast and give you more time in florida are there any defense arguments you think can significantly alter the landscape of that prosecution? >> yes i think some. the classified information stuff is very tough to get to trial you basically have to have a pretrial trial of the trial to figure out what classified information is admissible. so that is very important. this motion attacking jack smith status constitution under the appointments clause he is qualified to be special counsel is very important and the motion that is based on whether trump's attorney client privilege should have been taken away from him. judge cannon is not bound by the ruling made in washington that said basically the crime fraud exception to the attorney/client privilege met trump's lawyer had to testify. that is critical evidence in that case that's very important motions i think. trey: alright, i had the pleasure of sitting in between you and jonathan turley for the trump trial which

why do you get andy mccarthy or alan dershowitz or somebody like that?l team six argument has been put to rest. that would not happen. it would not be a lawful act by the president of the united states. it is still illegal. it would have been illegal before. it is illegal c-span, you got to quit this trump derangement syndrome. you guys did the same thing during the colorado supreme court decision. you had two legal analysts on at days of each other. one from cbs, and a lady from abc. they both argued that, yes, the supreme has the right to keep trump off the ballot, and every other legal analyst i heard, including some of the liberal networks, said that was not right, that the decision would not stand.appene. it went down. not 5-4, 6-3, 7-2. 9-0. two of your legal analysts that you put forward -- host: going back to this court case from ye immunity case, what are your thoughts on that? caller: my thoughts on that, if it would stand the president has no immunity as the left-wingers want to get trump at all costs, barack obama could be tried for american

fox news contributor andy mccarthy joins us after the break with more on trump and the courtroom. (♪)y supplements from voltaren, for healthy joints. our daughter just bought her first house. all by herself. so we went to go see it. she knew exactly how she wanted everything. but then he pointed out the gutters. you think you've raised them right and then— she didn't know. you have to call leaffilter. leaffilter's patented filter technology keeps debris out of your gutters for good. parenthood is such a wild ride. it's a lot easier with leaffilter. join millions of satisfied homeowners. call 833 leaffilter today or visit leaffilter.com i couldn't get my hair done. then psoriatic arthritis. cosentyx works on both for me. people with psoriasis on the scalp have a 4 times higher risk for psoriatic arthritis. serious allergic reactions, severe skin reactions that look like eczema, and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to, or if ibd symptoms develop or worsen. still workin' for me. ♪see m

andy mccarthy wrote this quoting here biden's fitness is not just a campaign issue with the nationalurity issue china stepping up military activity in the far east as it contemplates an invasion of taiwan mindful of the biden harris a ministration's fecklessness and incoherence, the world has gone very dangerous how long can the u.s. go on with -- without a functioning president? is he right? >> he's correct. to be honest, any leader that's been watching fox news for the last several years, this is old news. the mental decline of joe biden is not news. this has been going on for years the mainstream media has chosen to cover it up. our adversaries, they are not buying it. they can see straight threw it. they can see our vulnerabilities and we are in a very difficult situation right now because we have someone who is leaving the united states who in a press conference thought that the vice president was trump. maybe he's sending a message that he thinks that trump probably would be the best person to lead our nation right now. >> trace: you talk about the adversaries but i want to tal

joining us as one of my favorite legal minds, former federalcc prosecutor in fox news contributor, andy mccarthylor, i will talk fast andi give you more time. in florida, or they are defense arguments you think can significantly alter thsigne landscape of that prosecution? >> yocum i think some, trey herf are the classified information stuff is tough to get toia triall and you basically have to have a pretrial trial of the trial to figure out what the classified information is admissible here that is very important. i think this motion attacking jack smith status whether constitutionally under the c appointments clause he is qualified to be special counsel is very important. and the motion that is based ond whether trump's attorney/client or what should be taken away from him. he is not bound by the ruling in washington that basically said c the crime-fraud exception to the attorney/client privilege meant trump's lawyer evan corcoran had to testify. that is critical evidence in the case and important motions, i h think. >> trey: all right. you when iad come i had the pleasure to sit between you

attorney, andy mccarthy. we begin at the supreme court where "fox news sunday" houston fox news chief legal correspondent shannon bream is standing by with details on the historic ruling. shannon? >> kayleigh, you heard it this morning. it breaks down this way. the court says that there is absolute and presumptive immunity for president for the official or core acts of his presidency. they say that does not extend to criminal activity part of unofficial activity for a president, and here's the thing. people say, what about in this case? this is a rule for the ages, as justice gorsuch said. and justice roberts, the chief justice writing his opinion today, it doesn't matter who's in the oval office, with their politics or policies are. this is the blanket finding we are making. but they do talk a little bit about the various things charged in the indictment against president trump and say, we can't make a finding on those about whether those fit into this official act or an official act, because this case was e

andy mccarthy has been talking a lot about this lately. so i could see them raising that if there was any question as to whether that happen here in bob menendez's case, yes they could potentially raise that on appeal and again, he is entitled to an appeal but again, i think the evidence is overwhelming and i don't really think he has a shot. >> john: back in the clinical realm congressman any kim democrat of new jersey the nominee for the senate seat that menendez will be vacating potentially says the following really quick this is a sad and somber day for new jersey and our country. are public servants should work with people and today was how the people judged senator menendez as guilty and unfit to serve. i believe the only course of action is for him to resign his seat immediately area the people of new jersey deserve better." there is any kim saying i know you are running as an independent but don't just get out of the race, get out of the senate right now. >> you know, more than anything else when you're in a position of power like

why do you get andy mccarthy or alan dershowitz or somebody like that? the seal team six argument has been put to rest. it cannot happen. that would not happen. it would not be a lawful act by the president of the united states. it is still illegal. it would have been illegal before. it is illegal now. c-span, you got to quit this trump derangement syndrome. you guys did the same thing during the colorado supreme court decision. you had two legal analysts on at two different times within 10 days of each other. one from cbs and a lady from abc. they both argued that, yes, the supreme court of colorado has the right to keep trump off the ballot, and every other legal analyst i heard, including some of the liberal networks, said that was not right, that the decision would not stand. guess what happened. it went down. not 5-4, 6-3, 7-2. 9-0. two of your legal analysts that you put forward -- host: going back to this court case from yesterday, the immunity case, what are your thoughts on that? caller: my thoughts on that, if it would stand the president has n

opening day in belfast, ireland bowled the tourists out for 210 — three wickets apiece for andy mcbrine and barry mccarthymorning for the first wicket. and it came courtesy of barry mccarthy. it wouldn't be a belfast summer without a spot of rain, but that didn't upset the visitors, who took the initiative to the delight of their enthusiastic support. ireland, though, knuckled down and started to warm to the challenge of stormont. leading the day, the tide turned. every wicket was celebrated by a group of players relishing the occasion. they'll have plenty of time over the next few days to soak it all in. gavin andrews, bbc news. the hundred double header is at old trafford today. is at old trafford today with the first matches for manchester originals and welsh fire. in the women's game, the hosts went down by seven wickets. australian jess jonassen bagged a three—wicket haul to restrict the originals to 113. in response, welsh fire openers sophie dunkley and tammy beaumont put on a 65—run stand before the originals bounced back with a flurry of quick wickets. however, it didn't prove to be enough. dunkl

andy communists and and the patriarch of the kennedy family, joseph kennedy, admired senator mccarthy. so it was not a complete surprise that robert kennedy would would join this effort. but he did not last very long. he began having problems with with roy cohn. they they had very intense conflicts and ultimately had even a fistfight, after which robert kennedy resigned from from a committee staff. okay. with the mccarthy hearings lasting a little over a year, jim townsend. how many hearings were held? were they closed? were they open to the press, etc.? well, there are hundreds and hundreds of hearings, something like 690 hearings. incredible number of hearings were held during this period. they were a mix of of close and open hearings. early on, a lot of the hearings were held in private and the significance of this is that this allowed senator mccarthy see to after the conclusion of a hearing on a given day, to go out and hold a press conference and characterize what evidence was was given. he would often mischaracterize and exaggerate the findings that they had come up with in the

jim jordan, andy biggs, scott perry all ignored congressional subpoenas. i go right down the list. former speaker kevin mccarthy. former attorney general william barr. former commerce secretary wilber ross. former chief of staff, mark meadows. former deputy chief of staff, dan scavino. all ordered to testify and what did they do? they ran and hid. following the lead, by the way, of their corrupter in chief, donald trump, who ignored his own congressional subpoena. it's like a national pastime for republicans. golf, fishing and ignoring subpoenas. and now they have the nerve to come down here and lecture anyone about the rule of law. get lost. get lost. get out of here. with this nonsense. in contrast to what republicans did with what attorney general garland is doing. not only is he taking this subpoena seriously, he's doing his best to comply. he has legitimate concerns about releasing the tape after the transcript has already been made public. he's not ignoring it like they do on their side. in fact, he made the -- he made the entire underlying report public. he made the transcript public. he allowed the spec

jim jordan, andy biggs, scott perry all ignored congressional subpoenas. i go right down the list. former speaker kevin mccarthy. former attorney general william barr. former commerce secretary wilber ross. former chief of staff, mark meadows. former deputy chief of staff, dan scavino. all ordered to testify and what did they do? they ran and hid. following the lead, by the way, of their corrupter in chief, donald trump, who ignored his own congressional subpoena. it's like a national pastime for republicans. golf, fishing and ignoring subpoenas. and now they have the nerve to come down here and lecture anyone about the rule of law. get lost. get lost. get out of here. with this nonsense. in contrast to what republicans did with what attorney general garland is doing. not only is he taking this subpoena seriously, he's doing his best to comply. he has legitimate concerns about releasing the tape after the transcript has already been made public. he's not ignoring it like they do on their side. in fact, he made the -- he made the entire underlying report public. he made the transcript public. he allowed the spec