larry: i just want to repeat this point, free market capitalism is color blind. race, religion, sex, none of that enters into free market capitalist decisions. biden is trying to racialize it, and this is so divisive, pitting americans against each other, or and it must stop. that's all. and we all have to watch liz macdonald to figure out how the world really works. elizabeth: i couldn't agree with you more. the unity president is dividing

america, it's really kind of pathetic. larry, thank you so much. new developments in the new york trial against former president trump. let's bring in former assistant u.s. attorney andy mccarthy. okay, andy, this is unfair. so judge merchan, it's good to see you, thanks for joining us. judge merchan holds former president trump in contempt for nine violations of his gag order on trump. he fined former president trump $9,000 total, ordered him to take down 7 posts at issue from truth social, threatens trump with jail, but watch this. abc news is reporting michael cohen is making money by talking on tiktok about the ongoing new york trial against trump. he's taking viewer donations doing nightly live streams on tiktok. what do you make of this disparity here? >> well, i think it's always been a constitutionally improper gag order, liz. michael cohen aside, i mean, it's obviously not fair that trump can't talk about the witnesses, but the witnesses can

talk about him all they want. it's worse that he is gagged, but everybody else who's of relevance to the political campaign that's ongoing, the presidential campaign, can say what they want to their heart's content about his situation. and i just think to make a proper accommodation between the administration of justice and the presidential campaign, what the judge should have done is either put the trial off until after the election, this that way what you wouldn't have to worry about crimping trump's ability to speak during the campaign, or else just content yourself if you insist on having the trial, then trump should be able to speak as he wants to speak -- elizabeth: yeah. >> and there are provisions in place in american law. if he goes over the incitement line, he can be prosecuted. if he goes over the defamation line, he can be sued. if he says stupid things, the prosecutors can use it against him, so let it be on him.

elizabeth: all right, so here's the thing, and we hear you loud and clear. the jury is not sequestered. who knows if they're watching michael cohen. michael cohen has been tweeting against trump, attacking him. to your point, this is about a democrats twisting the legal system beyond recognition. it's a gag order on a presidential candidate for a case where you and other legal pros warn no one knows what the federal charge is, with the star witness, cohen, who reportedly has a history of lying under oath. witness david pecker testified that cohen was, quote, prone to exaggeration. the new york appeals court just denied the former president's request to delay. what do you make of these developments? >> as for cohen, it's not like there's speculation needed here. [laughter] he's a convicted perjurer. he pled guilty to perjury in connection with the mueller investigation. he pled guilty to major fraud counts in the southern district of new york in the justice department's investigation and

his last tape on his guilty pleas was that he perjured himself when he pled guilty. so that's his defense, you know? it, if you're right, liz, and there's jurors out there who are watching michael cohen, if they're drawn to him because, you know, they're sympathetic to him, trump is sunk already are. but that would be -- if that was true, that that wouldn't even make the top 10 of the abuse we've -- elizabeth: okay -- >> defenses against due process in this case. elizabeth: yeah, we hear you loud and clear. i mean, this case, it's -- nobody knows what the principal charge is, as you pointed out -- federal charge. it is a books is and records misdemeanor, a state the violation that is now seven years old. the statute of limitations expired. ed the fec, the doj dropped it. it got zapped back into life by d.a. a alvin bragg who can't tell us what the felony is. watch former president trump here -- >> there's not so -- >> all of them are hoaxes

including the civil cases. they're controlled by the white house, they're controlled by democrat judges and prosecutors that were put there specifically. they hate trump. and the people are getting it. that's why we just came out, a new emerson poll was just released two minutes ago, and i'm leading by a lot in every swing state and leading in the general election. this is a judge who's conflicted, badly, badly, badly conflicted. i've never seen a judge so conflicted. if. elizabeth: i'm so sorry, andrew. we accidentally cut you off. by the way -- >> no, my fault. elizabeth: we've got to get into what trump just mentioned. a new emerson poll shows trump ahead of biden in all seven swing states whether it's a two-way or five-way race rah. what were you with about to say? >> i was about to say this is part of the problem. there's not supposed to be any federal charge in this case. bragg, as a state district attorney, has no authority to enforce federal campaign finance law. in fact or, when congress

created the federal election commission, it made the fec and the justice department the exclusive enforcers of federal campaign law. finish a county or state district attorney doesn't have any authority to enforce those laws. that's why bragg's been so cagey about what he's doing. elizabeth: yeah. so, by the way, a new hard very -- harvard-harris poll, 57% of voters said they believe democrats are engaged in, quote, lawfare against trump. 43% believe the prosecutions are fairment if most voters, 58%, believe that trump's trials in the heavily democratic jurisdictions like manhattan, fulton county, georgia, should be moved to different jurisdictions to avoid bias. you know, this includes 40% of democrats and 58% of independents. so when you look at this case, this feels like the weakest case to be brought against trump, and we don't know where it's going to end up. what do you think? >> yeah. well, i think that you're right

that this is the weakest case, and if i'm the democrats, i'm not happy that this is basically the face of the lawfare campaign. and the biggest abuse here may be systemic. you're dealing with a progressive democratic-elected district attorney who's not interested in enforcing the law, he's politically ambition establishes -- ambitious and this is what he's doing to satisfy his base in a deep blue place that's hostile with trump. elizabeth: how could michael cohen talking, live streaming on tiktok about the trial affect -- could it weaken d.a. bragg's case? >> well, i think the problem's deep or than that, liz. the problem is when you build a case on someone like michael cohen, the reason this isn't a federal case is when it was first being looked at by prosecutors in my old office, the southern district of new york, they decided not to bring the case because they would have had to rely on this witness. elizabeth: got it. >> so bragg brought the case based on cohen.

now he's got to live with it. elizabeth: got it. andy mccarthy, you're terrific. thank you so much. look who's here, senator ron johnson. senator, it's good to see you again. we've got new developments coming in. is student protesters at columbia university with in new york and now portland, portland state university, they have taken over campus buildings, barricading themselves in. they're not stopping even after threats of being suspended and expelled. campuses have been shut down. we're talking protests escalating, 1100 arrests so far. there are protests now spreading to 23 states. what do you think, sir? >> well, elizabeth, this didn't just start last week, this started decades ago. the radical left infiltrate thing our university system, graduating, oh, for example, not journalists, by and large are, but advocates for the left. not as many teachers as they used to, but indoctrinators of the left. the radical left has infiltrate

thed every institution of this country, and it's showing. and so these young people, they've been indoctrinated, their minds have been poisoned. to the extent that they are now supporting the butchers of hamas. it's quite jaw-dropping. but now we're also finding out, it's being vealed that this effort's being funded by things like the soros foundation, the rockefeller foundation. these are foundations that have been around. they've been funding, for example, the department a.s that will not prosecute real crimes like the d.a. in new york, but they'll go of after partisan witch hunts like with president trump. again, this is the radical left taking over our institutions, and it's just being revealed last week on our college campuses with this support for hamas. bret: yeah. it's the also this poisonous indoctrination of dei -- elizabeth:. let's listen to senator ted cruz on this, and let's also listen to you're going to hear from harvard emeritus, he's harry

summers. he worked in the -- larry summers. he worked in the obama and clinton white houses. watch this. >> i think just as anybody on a university cam campus -- campus when they get funding from the outside for their activities is expected to be accountable, i think there need to be close investigations of how these protest efforts are being funded. >> copycat tents have been seen at harvard, at yale, at a berke wily, at ohio state, am a everything mory, demo to ry, and they're organized by branches of the students for justice in palestine, sjp. funded by george soros. those paid radicals are called, quote, fellows of a soros-funded group called the u.s. ca campaign for palestinian rights. elizabeth: okay. so we tracked, we've gotten reports, $6.8 billion came into with u.s. universities, millions of -- excuse me, billions of dollars from qatar and saudi arabia. what do you make of who is

funding them? i mean, or this is the right as we're hearing out of the committee for a responsible budget that a biden is going to cancel more than a trillion dollars in student loan debt. that's unfair to those who paid hair loans and those who did not go to college. >> again, this didn't just happen last week. this has been brewing for decades. now, this all springs from saul alinsky's rules for radical bernadine dohrn, bill ayers or who mentored barack obama who when he became president, five days before he became president, in five days we're going to fundamentally transform america. and that's exactly what he did. he introduced d everything i, destroying our cia if it wasn't already destroyed before that. there's an excellent book, big intel, by jake michael waller. i highly recommend it. it stitches all this together, shows this decades-long march toward what we're seeing here today. elizabeth: okay. so today house speaker michael johnson announced he's going to put the firepower of seven house committees including oversight,

ways and means and education to look at a revoking federal tax breaks, revoking federal funding and revoking visas for foreign students. education secretary cardona says no biden official, no civil rights officials are at these schools doing anything about this. so they're not doing anything. columbia got hit with a class action haut. this is the issue, where are the civil rights actions? i mean, student protesters, they have no free speech rights to occupy any property indefinitely. the first amendment only covers government actors, not colleges. they're in the middle of finals, so where are the protests against iran in and as you point out, hamas' brutality and literally executions of people? where are the protests to release the hostages and for peace? >> well, of course you have to understand that most of the college administrators, by and large, support what these protesters are protesting. they maybe don't like their tactics, they maybe don't like the fact the heat's being turned up on them, that some of hair donors might be getting skittish

about this. but these protests are occurring in blue districts, blue states. they're supported, by and large, by the college administerser s. again can -- administrators. that is the radical leftist rot that has infiltrate thed our universities and all a of our institutions. elizabeth: and, you know, ut-austin, school administrators say the majority of the protesters are not affiliated with the school at all. so why isn't the biden white house and finish bi looking at potential domestic terrorism and and outside actors pouring into these campuses? >> because it's the biden white house, and it's an fbe that has become highly partisan tending toward the left or firmly in the left. again, look at what happened with crossfire hurricane. look at all the partisan actions undertaken by the fbi and department of justice. these constitutions not be trusted because they're the infiltrated by the radical left are. senator. elizabeth: senator johnson, it's good to see you. >> have a good night. elizabeth: tonight we've got kevin o'leary, former acting

u.s. attorney general matthew whitaker, former federal prosecutor cully stimson and campus reform correspondent claire that tolely. jpmorgan chase's ceo, jamie dimon, warns that bidenomics is not lifting up working class voters or the middle class too. but the president, he wants to raise taxes on them by wiping out trump's tax cuts. we've got the sound of bernie sanders applauding the trump tax cuts as a good thing when they were passed. also the update on house gop conference chair elise stefanik hitting special counsel jack smith with an ethics complaint at the justice department. and more and more house democrats, democrats are calling on biden to regain operational control of the border in the biden border collapse. and this new civil rights action, now nine states suing the biden white house for changing title ix and, quote, destroying women's sports. plus, former arkansas a governor

mike if huckabee, he's coming up. he's fired up. how can this, look at this story, how come nancy pelosi cannot handle the obvious, cannot handle the self-evident, goes into a meltdown on camera after a democrat-friendly host on msnbc fact checks nancy pelosi over her inflated claims about job growth under biden? "the evening edit" does the math. the biden white house officially has to correct biden more than once a day so far this year for glaring errors. the daily caller broke this story. buckle up, it's campaign silly season coming up on "the evening edit." ♪

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what's this? your wings. light 'em up! gentlemen, it's a beautiful... ...day to fly. elizabeth: well, look who's here, former arkansas governor mike huckabee. governor, thank you so much for joining us again. it's good to' you. -- see you. how are you doing. >> i'm doing great, liz. pleasure to be back with you. elizabeth: so we want you to sit tight for a second. listen to nancy pelosi go into a meltdown on camera and attack the msnbc host katie tur for pointing out the obvious about biden's exaggerated job gains, that they're just jobs the economy clawed back after the end of a massive covid shutdowns. watch this. >> and joe biden is doing that, created 99 million jobs -- 9

million jobs in his term in office. donald trump has the worst record of job loss of any president. so we just have to make sure people know -- >> that was a global pandemic. >> he had the worst record of any president. we've had other concerns in our country. if you want to be an apologist for donald trump, that may be your role, but it ain't mine. elizabeth: is she saying the pandemic is just an other concern? it created 22 million job losses in those shutdowns, and now she's calling katie tur an apologist for pointing out that biden job gains are inflated? >> well, a couple of things, liz. first of all, it was the government who shut down everybody's job. it wasn't just that the natural functions of a poor economy created a issue that caused people to lose their job. the government said, stay home, shut your doors, close up. don't go anywhere.

hide under your bed in the fetal a position. so, yeah, there was a huge job loss, but donald trump didn't do i. it was a massive effort by the entire government at every level of federal, state and local. here's the other thing that i find just amazing, that nancy pelosi would accuse katie tur of msnbc of being too conservative and being an apolo jest for donald trump? i mean, yeah, that's right, because with everybody knows that katie tur and most of msnbc and pretty much a female version of sean hannity. elizabeth: right. >> i mean, come on, for real. that's just, it's hilarious. elizabeth: yeah. they're all in the tank for trump over there. there's also this, what do you make of the daily caller breaking the news that the biden white house has had to correct president biden's public remarks at least 148 times so far this year? this is based on official white house transcripts. you know, governor, that means they're correcting biden's errors more than once a day. you're talking nearly 150

mistakes in 118 statements, speeches, you know, talks with reporters and more. what do you think? >> well, it's pretty amazing when you consider that he barely pops his head out before noon, and by two, you know, he's had a full day, calls a lid and goes somewhere else and we're not to hear from him again. so he's crammed 142 gaffes if in a very short schedule. that's what makes this more remarkable. and some of them truly are just, i mean ors or if i were in the white house, i'd say gut-wrenching. for those the of us who hope he's defeated this november, i would say they're gut-busting. elizabeth: you know, here's the the issue, people feel lied to. they feel misled by the government. the feeling is this got worse during the pandemic, this government misleading americans. biden is the government. he's been there since 1974 or '5. pelosi since 1987. you know, americans feel misled. we've got new reports astrazeneca finally acknowledged for the first time in a court

overseas its covid is vaccine does cause blood clots but in rare cases. okay, people know there's an issue with that. but then you see what the polling is. emerson college is putting out polling, trump is ahead of biden in all seven swing states. so what do you make of that? >> a lot of it has to do with people just having their brains wired right. they're looking at what's happening to their own lives, what it costs to put food on their table, what it costs to put gas in their car. then they juxtapose that against how joe biden's administration has has targeted his political opponent with the weaponized government. they look at that and they say, wait a minute, this is america. we're not supposed to do that kind of thing. that's what happens in third world, banana republic countries. when did we become one. and the answer? when joe biden became president. so i don't see these numbers changing a lot. people know what's happening to their families, and they see what's happening to donald trump, and they know dog gone well if they can do it to him,

the political opponent that joe biden has, they doggone sure can do it to the rest of us. elizabeth: governor huckabee, thanks for joining us. >> thanks, liz. great to be with you. elizabeth okay, now even more and more house democrats call on biden to regain operational control of the border in the crisis that that the he fueledded. he also have new sound coming in of biden's top border chief just dodging testimony today whether iran is smuggling people across the border. more and more polls, the majority, say this is a very serious problem, border crisis. plus, we have o'leary ventures' chairman kevin o'leary. biden wants to get rid of the trump tax cuts raising taxes for everyone. even bernie sanders applauding trump's tax cuts as a good thing. all of this next on "the evening edit." ♪

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elizabeth: joining us now, the chairman of o'leary ventures, he's kevin o'leary. kevin, we need that big brain of yours. okay, stocks are getting mitt because -- hit because of, you know, ahead of big tech earnings, but also no one knows what the federal reserve is going to do tomorrow, kevin, whether they're going to raise or cut interest rates because inflation is heating up again. what do you think the fed does? >> they're not going to cut rates. i don't think they'll cut rates again this year. i think people should get used to the idea they'll stay where they are longer. the fact is it's very easy to think about this from this perspective, the fed's mandate is 2% inflation. not 32.5, not 3, not 23.32, it's 2 -- 3.2. therefore, they will not cut rates. and anybody who who thinks they're going to cut this year will be mistaken. and they keep pushing out their optimism month after month, but there'll be no rate cuts this year. i'm investing under the premise that a we're going to be living with this rate cycle staying the

same for the rest of the year. i'm sorry, it's just reality. meth breath yeah. so, you know, what's going on, it seems like bidenomics has been hyperinflationary, and it's turning into a triple whammy of higher inflation, higher rates and biden wants higher taxes. that's going hammer working and middle class families. listen to jpmorgan ceo jamie dimon saying they're not getting lifted up by bidenomics. let's get your reaction to this. >> other things remain to be seen. i think some of the american public looks at it like what are they getting? if you go to rural america or inner city, i'm not sure they feel they're being lifted up by this economy. elizabeth: what do you think, kevin? but wait a second, biden says he's going to end the trump tax cuts that benefited more than 99 out of 10 middle class -- 9 out of 10 meddle class americans. >> well, i think these acts that we put trillions of dollars into the economy, notably the chips and and science and inflation reduction acts, there was no money in there, either of them e, for small business in america

which is rural america. companies that are the private, between 5-500 employees, this is what they got: 0. meanwhile, that money comes flushing out of the skies and helicopters and creates inflation, and that hurts at the kitchen table. also raising taxes is not a good idea at this time because we've missed a recession, and we don't want to cause one. also when you add taxes to the economy, you're taking away government -- money from entrepreneurs and small businesses in america. you're taking away from them, putting it back to the government. it's not as fruitful there, and it hurts growth. and so you want to be kind of middle of the pack in the g20. you want to be in the middle. that's where we are right now. when you raise taxes, you become less competitive and start seeing corporations, particularly s&p 500, contort themselves to move if offshore, and then we lose jobs. elizabeth: right. >> so it's not a great idea at this point. i don't like tax hikes right now. i think we've got to wait that out a little bit with. elizabeth: and trillions of

dollars in government waste, we saw that during the pandemic. the president wants to more than double taxes on all small businesses as you point out. that would be a nearly 44% rate. that means job heavy ares. let's listen to each -- layoffs. let's listen to even senator bernie if sandersers applauding the trump tax out cuts in 2018. listen to this. >> next year 91% of middle income americans will receive a tax cut. isn't that a good thing? >> yeah, it is a very good thing, and that's why we should have made the tax breaks for the middle class permanent. elizabeth: wait a second, he's starting to sound like art laffer, bernie sanders. make them permanent? you know, have them go on forever in what do you think? >> i think what we should be doing is just remain competitive. make it so that people say, welsh you know, i can put more money into my business or i cans invest in america, or i can invest in something else including my stavings for my retirement. -- savings for my retirement. these are all good things. so raising taxes is great rhetoric when you're going into

an election cycle, but is it pragmatic for the economy postelection? in my opinion, the answer is, no. we should actually start looking at policy like this in addition to energy policy or, foreign policy, border security policy but, no, that's not what we're doing. we're watching porn star trials in new york right now. elizabeth: got it. [laughter] that was a great way to close out that segment. whoo. that was a doozy. kevin o'leary, we love you. thank you so much for joining us. come back soon. joining us now, we've got to get to this new development, former acting u.s. attorney general matthew whitaker. matthew, okay, your reaction to this fox news report, this is bill melugin, homeland security data show the biden white house is directly flying into now 45 u.s. cities hundreds of thousands of illegal migrants, bypassing the border. many of them not vetted. most of the cities wheres this is happening are in florida. one estimate, matthew, says the numbers under biden could be as high as a 360,000 so far flown

in. what do you think? >> right. welsh we've been hearing reports from airports about this, and, or you know, having just come back from the southern border in eagle pass where a lot of this was playing out on television for the last several months, you know, the biden administration if was desperate to get those images off of the television, so what did they do. >> they just started putting people on airplanes and preclearing them through this parole system from cunning, you know, quite frankly that we don't know much about, we don't know who they're spending -- sending. so this is a terrible policy, first of all, and it's something that, ultimately, needs to stop. we need to have an orderly system on immigration, legal immigration that serves the national interests. elizabeth: i mean, i think it was in the thousands under trump, but now it got blown out under biden. okay, this is another development, news coming in, five house democrats, five congressional democrat elected officials, they're telling biden to stop his border crisis.

they're saying, quote, bring back trump's border policies, reinstate remain in mexico and title 42. the democrats are congressman jared golden, vincente gonzalez and don davis, also congresswoman marie press is talking about this more. if -- marie press. watch what she says about the border being out of control. we want to get your reaction to also this: biden's acting border patrol cbp commissioner dodging questions e on whether iran is smuggling people across the border. we've got a war overseas. let's watch this. >> we are demanding operational control of southern border. immigration itself is not the problem. the problem is that the u.s. does not is have operational control of the southern border. biden needs to exercise his existing authority under remain in mexico, and congress needs to give him back the presidential expulsion authority under title

42. >> so you can comfortablyly citt iran is not smuggling people into this country through a system where somebody has has no identification, they won't be allowed entrance into this country, you can confidently say that? >> i can confidently say we're doing do our to identify every single individual coming into this country and vet them through appropriate systems. elizabeth: sorry, that's not good enough. he dodged it. really -- >> he did dodge it. elizabeth: yeah, go ahead. >> well, all we have to do is listen to the fbi who's telling us we are at the highest e threat level that we've ever been since 9/11. and, you know, again, talking to law enforcement down in eagle pass, shelby park today the it's very clear that, you know, what we need to do is a better job of shutting the border down, making sure that asylum seekers have to stay in mexico until their claim is ready for hearing and, you know, just implement some real common sense approaches that we had, you know? sort of only allowing people to

come in between the ports of entry if they wanted to seek asylum. just so many things that could solve this problem tomorrow. but, you know, the biden administration if has been unwilling, liz, to implement any of these approaches, and that's why you continue to have this ca chaotic process on our southern border and also why they're trying to sneak these people through our airports, hundreds of thousands of people at, you know, at a time in order to avoid these immanages we're seeing on tv right now. elizabeth: you know what's going on too, matthew, for the first time in history a monmouth- monmouth university are polling, a majority of americans support a border wall. also an axios-harris poll finds just over half of americans now say they even support deportation of illegal migrants including 42% of democrats say that. your final word. >> yeah. well, most americans see with their own eyes. they know that this is not how you have a safe country. you know, we are seeing crime on our streets that is unnecessary.

if these folks weren't in our country illegally and violating our laws. so i fully expect, you know, in the next administration that these things will get under control, and we will have an orderly system at our border. elizabeth: got it. matthew whitaker, thanks for joining us. good to see you. >> thank you. elizabeth: still ahead, former federal prosecutor cully stimson is going to help us break down the fallout of this new action by the chair of the house gop conference, congresswoman elise stefanik just filedded an ethics complaint at the justice the department against special counsel jack smith. gop lawmaker es warn he is unlawful lawfully and, unconstitutionally interfering in the 2024 election. but first, it's the time we've all a been waiting for -- [laughter] we want to check in with jackie deangelis in for dagen and sean. they've got a hot hour coming up on "the bottom line." sean: so hot, e-mac. thank you so much. jackie: welcome back.

sean: it's good to be back. the craziness at columbia, teachers, the faculty, they're joining in. we're going to talk to the great victor davis hanson to unpack it all as well as adamant there'll be no new taxes, but is that true? byron donalds is going to join us. jackie: die nine of the trump trial, no -- day nine of the trump trial, but a $9,000 gag order. we'll dig into that with jason chaffetz. and the white house is doing something desperate that indicates they're not sure they've got this locked up. liz peek is going to talk about that. ghowe'll see you at the top ofe . rty a situation. [ metal groans] sure, i can hold. ♪

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maybe we'll even get married one day. i wonder what i will be doing? probably still living here with mom and dad. fast reliable speeds right where you need them. that's wall-to-wall wifi with xfinity. elizabeth: let's welcome to the show former federal9 prosecutor cully stimson. it's good to have you back on again, good to see you. okay, let's tackle this story. congresswoman elise stefanik, the chair of the house republican conference, filed an ethics complaint against special counsel jack smith with the justice department's office of position alp responsibility accusing d professional responsibility accusing him of trying to unlawfully interfere with the 2024 election saying he's trying to rush the trump 20 to 20 case before the election. what's your reaction? >> number one, good on her. she points on in her floor speech and in the letter that, number one, there's doj policy not to bring a prosecution or

pursue one up close to an election, number one. number two, she points out that jack smith wasn't appointed pursuant to the appointments clause. number three, she points out that a former acting number three in the biden justice department leaves the office and comes up to new york to act, essentially are, as the head prosecutor if in this case, and she wants to know the background of mr. kohl anglo and his hiring. and so i think she has every right to ask these questions and it's pursuant to her oversight capacity, so i think it's perfectly fine. elizabeth: these actions involve a presidential candidate. let's listen to house gop conference chair elise stefanik here. watch this. >> democrats' corrupt and desperate witch hunts against president trump must come to an end. this is lawfare and blatant election interference, and the american people know it. that's why today i filed an official complaint with the department of justice office of professional responsibility on joe biden's special counsel jack

smith for his clear and illegal efforts of election interference. we will fight the democrats' unjust lawfare and expose this corruption whether it is in new york, atlanta or here in washington d.c. elizabeth: let's back up, you know, democrats wanted to impeach trump within months of when he sat down in the oval office. they leaked his tax returns, tried to kick him off of state ballots in states like colorado. but you just made an interesting point. let's get into this. supreme court justice clarence thomas, he raised a crucial question about the legit massey of jack smith's office at last week's hearing about former president trump's special immunity claim about whether jack smith has the authority to bring charges at all because jack smith's office is unconstitutional. he was never nominated by the president, never confirmed by the senate, never properly pinted as a federal -- appointed as a federal officer. what statute exists letting the u.s. attorney general name anyone a special counsel? if. >> none. if they're not confirmed by the

senate, and that's the point. remember that president obama appointed durham to, as a potential counsel to look into the cia destruction tapes case. it was barr that appointed durham to look into the russian hoax. it was the biden who appointed rob hur, the u.s. attorney for maryland, to look into the latest efforts. ball of them were -- but all of them, durham and rob hur, were nominated by presidents and cop firmed by senates. and -- confirmed by senates. and, you know, the pesky old appointments clause in the constitution still matters. so what justice thomas was referring to was in a friend to the court brief by former attorney general ed meese and michael mukasey who said, look, the appointments clause matters. you can't just pick sal or john down the street to be a special counsel can. it has to be somebody confirmed by the senate. that question wasn't presented to the court, but i think this will come up again in the future.

elizabeth: so what could happen? if i mean, this is giving jack smith powerful, a lot of powers as a government legal officer when he wasn't confirmed by the senate or appointed by a president. >> yeah. elizabeth: it's extra-prosecutional. >> well, it's unbounded powers at least according to a friend of the court brief -- let's elizabeth so what happens? what do you think happens? >> well, e suspect the supreme court will focus mainly on the difference between official acts and whether that has immunity e and personal acts and when that has immunity applied to it. but in the grand scheme of things, these jack smith prosecutions, unless something happens, will go forward. and if there's a conviction in any of these this, you can bet your bippy that one of the issues on appeal would be whether jack smith if was appointed in the first place and can lawfully even pursue these things. and if they say no in the end, all those convictions go away as if they didn't happen. elizabeth: wow. cully stimson, thank you for

joining us. it's good to have you on. >> thanks. elizabeth: this is a story, we've got new developments, it's expanding. at least nine u.s. states now suing the biden white house for civil rights violations and more for changing title ix. we have women athletes and state attorneys general say biden is destroying women's sports. coming up, college lacrosse player claire natoli, we're so excited to talk to her coming up on "the evening edit." ♪ ♪

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elizabeth: joining us now, campus reformer correspondent claire natoli, a freshman lacrosse player at the university of south florida. you know, claire's going to talk to us about the importance of biden changing title ix for

female athletes. so, claire, let me get back to this. you and your mom, your mom's impressive too. you guys are created the first women's lacrosse team at your middle school to create more opportunity for women athletes in schools. so what do you make of president biden changing title ix? are you fearing this is going to let in more biological males to compete against women? >> yes, absolutely. i think changing title ix is and will reduce the amount of opportunities for women and and young girls, and as you said, me and my mom helped create the middle school program and even my high school, it didn't have a jv. there's already him ared opportunity there. -- limited opportunity there. and for biological men to come in and take those opportunities from women would be completely december heartennenning and terrible to see. elizabeth: yeah. taking scholarships away, taking advertising dollars away, all sorts of things. so what do you make of this, now

nine u.s. states sued the biden white house for civil rights violations against women athletes saying, many of them saying he's destroying women's sports. but biden officials say transgender athletes need protection. what do you think? >> well, i think that women need protection not just for opportunity, but also for their risk of safety. for a biological man to come in and compete we against a woman would be completely unsafe. there are obvious biological differences. men are bigger, they're stronger. and to walk out on a field and have to compete against a man would be dangerous for women. and if it would completely destroy the nature of women's sports and -- elizabeth: yeah. finish your thought, i'm so sorry. go ahead. >> no, that's okay. i just said i think changing title ix would drag women out of their own space and sports. elizabeth: you know what else too, this just happened, five --

it's going down deeper into the school system, into the middle school. now five middle school student athletes, women, these girls were protesting a transitioning athlete's participation in a girls' track and field event. they've now been banned from future competitions by the harrison county, west virginia, school board. and the state attorney general there is filing a lawsuit against the board of education. he may take this up to the u.s. supreme court. the girls refused to throw in the shot put event against a transitioning athlete. so what's your take on this one? >> i think those girls were right, and they were courageous to stand up for that because a man came in, they took that sport that was meant for them and competed against them and beat them because of those biological differences that i talked about. and for those poor young girls to see that, i can only imagine how discouraging it is for the biden administration to be

telling these young girls and telling women all across america that this is not a place for them. it's meant for biological men. and that's not the truth. women's sports are meant for women -- elizabeth: yeah. >> and we should -- [inaudible] elizabeth: that was a 13 if-year-old boy who's transitioning to a female, but now we've got more states saying they're going to ignore or what biden is doing. final word on florida, louisiana and, i think, alabama saying that. so they're going to basically ignore if it. so final word, 10 seconds. >> yes, sorry. so i think ignoring that would be the best thing that states can do for women. elizabeth: okay. >> to allow them to continue competing. elizabeth: got it. >> and -- elizabeth: claire, we've got to leave it there. we ran out of time, thank you so much. let's send it right over to jackie and zahn at "the bottom line."