and notice they do it david schoen after the election not before.nt to thank you for everything you do but you are a tremendous lawyer, a great friend and god bless you my friend appear quick thank you, god bless you and thank you for having me on. mark: we will be right mark: welcome back america. we here at the americas at weisman art dear friend victor davis hanson senior fellow case for trump a great book. victor davis hanson, there seems to be a change going on. hope ithope it's not superficiad temporary in the media that some of these massive media conglomerate corporations that have these platforms like msnbc and cnn and all of the rest of it, they are starting to look and say wait a minute, do we really want to be attached to this? the american people came out in a massive landslide for donald trump. and our people come on these networks, these hosts, these shows are so out of tune with the american people that their ratings are sinking and income is sinking juicing there's a mini revolution going on in the media with these people? >> yes i

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joining me now david schoen, a former trump impeached lawyer. david, get back to that in a moment. jack smith has left the door open. it seems to try to charge trump after he leaves office. but to eric's point, doesn't wouldn't the statute of limb limitations have run by them or is there a way to argue that it should be basically suspended? >> well, first of all, i hope that eric is right and as a practical matter it won't ever be brought. i'm afraid your skepticism is also right there. is a provision in the 2000 -- october 16th, 2000olc memo suggest footnotes 33 to 35 there could be an equitable tolling of the statute of limitations in the extraordinary case. it would be an abuse here. i think the department of justice can act to make sure that doesn't happen. i think congress can, also. i think there is an invitation to congress in those footnotes for that to happen. you said earlier how smith's team worked day and night. never seen anything like this. even worse than that, quite frankly. i have never seen anything like the shadow prosecution team that operated here. people like

panel, i want to bring in david schoen, former impeachment attorney for president trump. we remember that impeachment. it was pam bondi, jay sekulow, pat s cipollone, pat philbin. it was all star legal cast and alan dershowitz, thank you. and they all did a fantastic job. and she was -- she was very calm as i recall and i think to the president very reassuring in her approach. yeah, she is not a bomb thrower but, man, does she have the experience for this job. >> she is going to zoom through the confirmation process. i say zoom through. you have a number of people in that process who don't want to see that happen, frankly, as we have seen from the spectacles of other confirmations in the past. but, on the merits, she is going to be confirmed. remember, the starting place is article 2 section 2. it is the president's prerogative. and while we often talk about hamilton's federalist 76 and the role of congress, and it is very important, hamilton also emphasized that only the president really is the appropriate person to have that choice. based on the criteria that he thinks

david avila, doug schoen. i will start with you, doug. this is tough for democrats and i get it. out of the last 16 years of leadership all democrat. i totally get it. why can't we all be on the same page now? the voters have said what they want to go forward. they should leave a path that we're trying to help as they exit. >> well, of course, harris. this is not a partisan issue. this is an issue of families and indeed life and death and my party is out of touch on the border. it is out of touch on migrant children. and as we saw in the election with the drop in the kamala harris vote over joe biden's vote out of touch with the american people. >> harris: david. >> exhibit a as to why house democrats didn't take the imagine or tee. they don't know there is a problem let alone there needs to be a problem solved. no one who wants to see children be harmed. let me say this, harris, if in the first year americans don't see illegal immigrants who have created criminals getting shipped back home. if they don't see the sponsors getting shipped back home, republicans are going to pay a

. >> doug schoen, we love the shone, we love the shones, we love both of you. davidagain, this is just so typical, merchan is vindictive and venal and partisan and you could tell from the outset that he wanted to stick it to trump. and now just pausing it instead of just saying dismissing it outright. >> there is no question about it. first of all he follows the lead of the district attorney. district attorney acquiesced in this idea of pausing it. trump team asked him to hold off for a bit. the case must be dismissed. first of all judge merchant never should have sat on it. his conflict barred him sitting on the case. putting that all aside case ought to be dismissed same reason office 2,000 and 1973 the federal government cannot prosecute a president. can't indict. can't prosecute. can't continue with the prosecution. those same principles apply to the state in this case. and proof of that is just considering what those principles are. a distraction from the operation of the duties of the office. the president is unique alexander bickle said it. continuity and inde