attorney brett tolman. great to have you back on.arly 19 million americans infected with covid-19. more than 333,000 deaths. we have lockdown abuse. we have another salon owner stockton, california, the workers there saying local officials burst into their salon and treated their them like it was a drug raid. what is your reaction to that story? >> i think it is horrific and the reason i do is simply because it is not a policy rooted in either legal ability or lawful constitutional protections but instead it is rooted in fear and paranoia and the governing of those willing to abuse their position. it is also not driven by data so you know, why is it being tolerated? it is being tolerated in cities where they created enough fear that they have divided their citizenry so that you have those that really want to have the gaff issue rules and mandates and shutdowns versus those who don't. elizabeth: where is the justice for the small business guy and gal? where is the justice for the little guy trying to compete? how do they get protected

elizabeth: brett tolman, thanks for joining us again.ou. >> great to see you, thanks, liz. elizabeth: next up, national border patrol council vice president art del cueto back with us. we have a new development. border officials warning the biden team you have to keep in place trump's successful border policies. will they do it and for how long? that debate next. >> i'm significantly concerned as i know you are, what this president was able to accomplish at the border was really unprecedented and many said it couldn't be done ♪. elizabeth: let's welcome back to the show national border patrol council vice president art del cueto. art, great to have you on. we have reports coming in border patrol officials warned the biden team, don't cut into trump's border success stories and policies there. your reaction? >> it is good they're speaking up to say something, liz. i will tell you right now is not the time to take any steps back. i think there were a lot of policies that were put in the place during the last administration, during the trum

attorney brett tolman. thanks for joining us. >> gerry, thank you.ith attorney general barr's remark which drew the president's ire, the justice department has found no evidence of widespread fraud so far in the election. no evidence of any significant fraud? do you think he is wrong? do you think there is evidence of widespread fraud? >> well you know the department has backtracked a little bit on those comments and the attorney general has indicated he was referring to what he has seen so far but the investigation is open. now i think that is an important clarification because i think many of us have watched some of the witnesses who have come forward as recent as even today. the postal worker, for example, that indicated he took 180,000 ballots from new york into michigan that were, that were illegal ballots. that is the kind of evidence that is significant. it may be enough to make an impact and i think he may have been going based on what he has had come across his desk so far. gerry: there are many of these allegations out there. as you say the

attorney brett tolman. great to see you.upreme court is going to rule on the texas lawsuit alleging that the for battleground states were unconstitutional and how they conducted their 2020 vote? >> look, it is a different lawsuit than what we have seen. this is a conflict between state. the supreme court is the only court that can hear this. there is more motivating to share the case. it is still an uphill battle. the supreme court has been somewhat reluctant. especially when they have significant standing issues. what i mean by that is there is a question as to whether one state can enforce what is happening in another state. the reality is there are some good arguments. this is a well-written lawsuit. it is very likely that the supreme court is giving it very serious consideration. liz: we have republican attorney general in six states, missouri, arkansas, louisiana, mississippi, south carolina and utah joining the lawsuit. filing friend of the court brief. it is a challenge based on the constitution. texas is saying that

brett tolman, harmeet dillon. tonight. >>> just ahead fox news contributor joe concha why the fight on georgia's senate seats will have a big impact on the rest of the country. >> bernie sanders is right. if you know, if they could win in georgia his idea of socialism, the democrats idea of pack the supreme court, infringe on first and second amendment rights, ruin medicare, ruin private health care insurance, have all health care insurance run by the government, green new deal which is $100 trillion, we'll be seeing socialism. i don't believe that is going to happen. i don't believe that is where georgia is. ♪ ♪ ♪ ♪ verizon 5g is next level.e 5g america's been waiting for. unlimited plans fit everyone in your family starting at just $35, with 5g included at no extra cost. plus, you'll get the entertainment and gaming the whole family will love. 100% obsessed with "the mandalorian." (man) i watch a lot of sports. (woman) it has all my favorite shows. switch now and save $700 on galaxy s20 plus. it's like a gift on

attorney brett tolman as we move into the bottom of the hour.ing the fox business network. hey, brett, so we have senator chuck grassley taking to the floor of the senate on monday saying that the bidens were serving as agents of communist governments and kayleigh mcenany tore into the press about covering up the biden story before the election. where do you come down on this? >> i watched both and support chairman grassley's attempts to try to get to the bottom of this. certainly kayleigh mcenany, her outline -- hypocrisy over what happened on, you know, pre-election, even now today is shocking considering what we now know. elizabeth: okay. let's watch joe biden refusing to answer questions from reporters about the two investigations, federal investigation into his son hunter biden's business dealings overseas. watch this. >> mr. president-elect, will you -- [inaudible] >> thanks for the congratulations. appreciate it. elizabeth: now watch joe biden at the second debate. watch joe biden at the second debate. watch this. >> not one single solita

brett tolman, harmeet dillon.te your time tonight. >>> just ahead fox news contributor joe concha why the fight on georgia's senate seats will have a big impact on the rest of the country. >> bernie sanders is right. if you know, if they could win in georgia his idea of socialism, the democrats idea of pack the supreme court, infringe on first and second amendment rights, ruin medicare, ruin private health care insurance, have all health care insurance run by the government, green new deal which is $100 trillion, we'll be seeing socialism. i don't believe that is going to happen. i don't believe that is where georgia is. did you know you can go to libertymutual.com to customizes your car insurance so you only pay for what you need? really? i didn't-- aah! ok. i'm on vibrate. aaah! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ithe first full prescriptionis pstrength non-steroidal anti-inflammatory gel... available over the counter. voltaren is powerful arthritis pain relief in a gel. voltaren

attorney brett tolman. t, great to have you here tonight. >> good to see you, martha. >> martha: good to see you come too. first of all, your reaction to this new information, the new attorney general passed along information from rudy giuliani, gave it to officials in pittsburgh to dig into this whole issue of the laptop and burisma, this came out tonight. >> yeah, it's not surprising. certainly he has an obligation once he receives evidence or information to pass it to someone who might inquire as to the legitimacy of it. that happens all the time. when i was u.s. attorney, i had from various sources, my first and initial response was to send it to investigators and to prosecutors who can bet the information and see if there's anything to it. not surprised he did that. >> martha: so, here is a clip from the interview i did with the attorney general about a year ago, december 19th, and i asked him about how he was handling everything that we were hearing about from rudy giuliani. watch this. >> are you inte

attorney to the show brett tolman. chuck grassley taking to the floor the senate on monday saying that the biden's were serving as agents of communist governments and they tore into the press for covering up the biden story before the election. when you come down on this? >> i watched both and i support both chairman grassley's attempts at trying to get to the bottom of this and certainly her outline of the hypocrisy over what happened pre-election and now today is shocking considering what we now know. liz: okay. let's watch joe biden refusing to answer questions from reporters about the two investigations, federal investigation into his son hunter biden's business dealings overseas. watch this. [inaudible] >> congratulations. thank you. appreciate it. liz: now watch joe biden at the second debate. watch him at the second debate. watch this. >> not one single solitary thing was out of line. my son has not made money, in terms of this thing about china. liz: it turns out the senate report shows he made at least $5 mill

attorney brett tolman, the hunter biden -- is back in the headlines yemen appeals court upheld the convictionusiness partner patrick hello was convicted of paying bribes to chad in uganda, he paid hunter $1 million to help defend them, your thoughts on the story? >> while this is happening the united states is ripping up its efforts under the foreign corrupt practices act, ten messages foreign and domestic that they will not tolerate corruption on the form of bribes and we have these allegations, not only that but money transferst from him to hunter fr alleged legal services, it is concerning and i has to expand the scope of this investigation. elizabeth: this guy patrick accused of bribing to get china's drilling rights and africa was reportedly stuffy millions of dollars in cash and boxes and bringing them to the leaders of chad and reportedly uganda. that is still out there for hunter biden and then you have the story secretary of state mikmike pompeo seine hunter bid, eric swalwell were the tip of the iceberg in china has done a full court press to soften up americans to be more embracing

joining us this hour, congressman lee zeldin, gene sperling and brett tolman.sman effect troy nails. tonight democrats are not only fielding attacks from republicans they're facing some dissent from within their own ranks. the debate, just what is the biden cap net going to

here's what former federal prosecutor brett tolman told me on this program yesterday. >> in briefingsekly briefings, many of them classified that would outline the strategy of china and the utilization of students and young people that they would send into the united states to get close to the people, business leaders, members of congress were prime targets for these individuals and we were all warned, there is no way that representatives fall well did not know and should have had his guard up for something like th this. >> harris: let's bring in now dan hoffman, former cia station chief and fox news contributor. dan, i am so excited to talk to you today because you can make sense of what we have so many questions about. first of all, what makes a mark, how does the enemy in this process determine which of our politicians they are going to target? >> well i think what we have seen from china is they are seeking to target local and state representatives when they are young and when they need help and they are vulnerable. one of the ways that christine fang was able to ingratiate hersel

joining us this hour, congressman lee zeldin, gene sperling and brett tolman.ve hilton, congressman effect troy nails. tonight democrats are not only fielding attacks from republicans they're facing some dissent from within their own ranks. the debate, just what is the biden cap net going to

attorney brett tolman, they deny the appeal over four of the state saying texas did not have standingstanding was going to be the issue, the question was can one state not directly involved in the voting of the other state, they claim they are harmed because standing is about injury so that was the issue many of us thought if it failed it would feel on the issue. liz: we had 126 house republicans including kevin mccarthy supporting the lawsuit against the four states alleging unconstitutional vote and we had 22 democrat ag's side with the four states opposing the texas suit 18 republican ag's supported texas, that shows the nation divided, the nation is totally split. people feel the election was manipulated. the four states are firing back saying were allowed to run our vote the way we see fit. but your take on this, women nation divided i in the republicans can lose good control with the runoff coming up in a few weeks. >> is a precarious time for the country, there is division like we have not se seen it. the fact that it is so steep in rules is sometimes a blessing and a curse. th

with us on this and the day's big stories, jim trusty, fred fleitz, brett tolman, ronald vitello. into hunter biden and his family's business dealings overseas. chuck grassley and ron john said their

brett tolman, thank you for being with me today. we watch the press secretary kayleigh mcenany on this republican lawmaker demanding answers over democratic oxman eric swalwell and his ties to a suspected chinese spy. what they want to know from the fbi. >> the real issue is not so much about a spy spying on someone is much as it is, what did pelosi know and when did she know it? my psoriasis. cosentyx works on all of this. cosentyx can help you look and feel better by treating the multiple symptoms of psoriatic arthritis. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine, or plan to. serious allergic reactions may occur. watch me! get real relief with cosentyx. robinwithout the commission fees. so, you can start investing today wherever you are - even hanging with your dog. so, wha

attorney brett tolman. great to have both of you with us tonight. know you're listening that conversation. i'm just curious what your thoughts are on the delay of that report tonight. >> that's pretty significant. there is not uniform agreement within the intelligence community about whether there was or wasn't a chinese influence and how much there was or wasn't. you have to assume that one part of our intelligence community thinks that there was major interference. which is why there is a debate over this. now i suspect that when the report comes out, they was want to make these things sound like everybody agrees, but chances are not everybody does agree on this. and what kind of influence and what kind of interruption was it? was it something to do a cyber attacks, was it something to do with the balloting, was it something to do with influence peddling, was it something to do with stirring the pot? all of those things are reign range of issues and i'm assuming the reason it's delayed is because of something explosive in there. >> martha: it feel

we had brett tolman on, a former federal prosecutor, you never know quite what he's going to say, butut the video in georgia where they stopped the counting and seemed like some shenanigans, here's what he said. brett tolman. >> there is a spike in the statistics in terms of biden jumping ahead that correlates with the timing of the video. watching and observing it for hours, much of the video may not be problematic. but you certainly have enough that it concerns the governor, the secretary of state certainly has the authority and is recertified. but if i'm watching that and i correlate the spike in votes that went predominantly to biden along with the affidavits, i'd file the lawsuit. and if you have confidence that nothing was wrong, they should certainly be okay with a signature audit on those ballots. jedediah: yeah. so, again, the georgia secretary of state says the representatives from there watched hours and hours and hours of video. we saw, you know, a 90-second club on social media, a lot of conclusions were drawn, and they have come out and said this is false and this is why

but tolman is a former federal prosecutor and u.s. attorney in utah. brettdo you make of this? i've had legal experts say yes to a special counsel, no to a special counsel. how do you continue the investigation with that? >> hi, harris. happy birthday and merry christmas, nice to be on with you again. i think this is a critical point in our country's decision-making with respect to justice and the department of justice. you can go both ways depending on what happens. if you want a special prosecutor, it needs to be done now, but it's tricky. because a special prosecutor that is appointed, that is a layperson, may not have the authority if the attorney general isn't backing that person. while he can't appoint a special prosecutor, the president may have to do it lindsey graham suggested. it must be assented-confirmed, already-appointed u.s. attorney that does have authority to proceed with the matter. >> harris: why do you say it's already got to be someone who is senate-confirmed or won't need to go through that process exactly now? we are not at the end of