elizabeth: let's talk to jim trusty about this.s back on the phone with us, former federal prosecutor. do you expect more women to step forward now, jim? what do you think? >> i think there's a real likelihood because he's had such a lengthy career in politics that there's other folks that just, you know, basically decided out of personal reasons they weren't going to step forward. i will say this though, liz, i'm never in love with the notion of prosecutors kind of setting up tip lines for old complaints. it invites a lot of mischief. it tends to bring out some of the nut cases that really aren't the victims like the ones that are in this report. so it's kind of treacherous territory. but i think the bottom line is that governor cuomo's made a calculation that he's going to go down swinging, and it's going to invite much more concrete evidence against him on a number of fronts. elizabeth: we hear you. maybe more than just a tip line. it may be women stepping forward. and also this, jim, the aide who filed the first criminal compla

siegel, jim trusty maybe we do it again with the both of you.tching the fox business network. coming into the bottom of the hour. coming up congressman mark green on the new house republican report says we yeah, we got ample, quote am pell, evidence wuhan scientists genetically created the coronavirus and it did leak from the wuhan lab. they say it is an historic coverup t could have turned into a local outbreak in china into a major global pandemic. keep it right here on "the evening edit." >> i think the chinese communist party are very concerned about this report coming out and telling the truth. ♪. ♪ ♪ ♪ hey google, turn up the heat. ♪ ♪ ♪ all the time in the world. it's just a saying. but today, for women living with hr+, her2- metastatic breast cancer. more time is possible with verzenio. proven to help you live significantly longer when taken with fulvestrant. verzenio + fulvestrant is for hr+, her2- metastatic breast cancer that has progressed after hormone therapy. diarrhea is common, may be severe, or cause dehydration or infection. at

on i'm so grateful that you joined us, first you jim trusty, legally can the government say yes to atution silence does not mean a permission slip what you have in the constitution is where the states have control of police power, public safety, authorization a comes from the state and we know this in part from a 1905 decision in remassachusetts with smallpox, that was upheld by the supreme court as part of the public safety power and justice roberts mentioned this case with approval i think the signal is very clear that the supreme court would not tolerate a federal overreach outside of their lane. elizabeth: the government cannot mandate vaccines if they are emergency use vaccines, is that true? >> that is a subject for some debate, good evening there is some group that may be able to, i would like to speak to the issue that maybe mandate isn't the way to go for a different reason, as cdc director said to me last week a lot of people are allergic to mandates, the goal after all is to get everybody to agree to the vaccine the one public-health thing i want to introduce in this conve

elizabeth: joining us now former federal prosecutor jim trusty. hn durham is taking to a grand jury potential criminal charges against fbi agents and others outside of the government for knowingly using false information paid for by democrats, this is the anti-trump opposition research paid for by hillary clinton's campaign and the dnc in order to orchestrate invasive fisa wiretaps on civilians in the trump campaign? is this a real thing? what do you think? >> it is a real thing. it has been from the beginning. durham is very much a professional prosecutor, not a politician. not somebody using the the office for political gain. he lost nine or 10 months of grand jury work with covid. he is doggedly looking into the information. what is interesting about this story, liz, it is not coming from durham. these guys have been disciplined about not leaking, not being politicized. think back to the mueller probe. they execute ad warrant at roger stone's house the media was there before the fbi was. they were symbiotic with the media that was a comey legacy

michael wall, also border patrol union chief he is brandon judd and congressman byron donnell and jim trustynd missouri attorney general eric smith also this national security experts warn about the rise of terrorism, the taliban freeing al-qaeda inactive prisoners the uk defense warns afghanistan it is spiraling into a failed state potential civil war and moments ago opec breaking news opec in russia delivered another embarrassment for the biden of administration saying they will not drill more oil last week the white house asked them to do that could lower rise in gas prices we also have the former border chief he told the border agents in a video that there are more tereus then realize crossing the border we have that story in another development border agents from california and texas getting shots fired at them from mexico from across the border plusro a big defeat for e biden of administration we will explain it and we have the updates on multiple states across the countryes seeing vots doing a big push back against covid mandates hundred in los angeles took to the streets over the wee

let's talk about lawsuits, jim trusty. congresswoman makes a good point there, impeachment, retaliation angles here. the legal experts are also pointing out these victims can sue andrew cuomo and the state of new york for damages. his senior staff were aiding and abetting him, enabling his toxic bullying behavior, covering it up, could this team be in jeopardy along with cuomo in terms of lawsuits? >> yeah they could. you have title vii issues. you have civil torts could be pursued in terms of battery and the report laid out a culture within the executive mansion that was extremely enabling. there were times they kind of dismiss it as being fear driven, people were so afraid of his mercurial conduct, they didn't want to find themselves on the wrong end of a cuomo temper tantrum. ultimately enabling conspiring, essentially, using my words to retaliate. that is the type of stuff that extends liabilities to his aiders and abettors pretty cleanly. elizabeth: congresswoman, how does in terms of your contacts in new york state a

you're watching affects business network we begin when you're congresswomen nicole malliotakis and jim trustyurn to the legal part, jim, first to you we have for new york district attorneys without probing the sexual harassment findings by the new york ag, do you expect charges against cuomo and his team. >> there hard to know but it's certainly a possibility and it's because two competing principles, the first is criminal cases are never the same as they appear on paper we don't see these prosecution memos or reports and they can be distorted in terms of how strong a case would hang together but at the same time in this report there is ample cooperation,, retaliatory conduct, independent witnesses that saw victims that had been completely shaken up by the creepy nature and behavior of this man, i do think there's a possibility of charging some fairly low-grade but consequential charges such as forcible touching based on the account and collaboration. elizabeth: we hear you the criminal cases have a high bar have to be beyond a reasonable doubt but there's a lot of evidence it's a retaliation

let's bring in the legal eagle, jim trusty.oke rollins, president of america first policy institute. welcome back to you both. i want to start with you. what would you be most worried about for your client moving forward? >> he's got to keep his eye on the possibility of criminal prosecution. that's the most personally destructive and potentially devastating moment to get charged or convicted in criminal court. you have different d.a.s looking at some of the allegations. you have two things worth noting. we are probably talking about forcible touching charges with the one-year misdemeanor with a two-year statute of limitations. it's going to be interesting to see if these come to be as singular events with one offs, one victim trying to establish a difficult case or if were going to have bill cosby moment where there is a critical mass accumulation of multiple complainants in a single charging document which is a much tougher road for rita glavin and paul fishman and the attorneys for cuomo. keep your eyes on melissa derosa. sh