headquarters in new york. former president trump back in town in new york city courtroom.this is the civil fraud trial that he is in the midst of. this particular case he's accused of overvaluing his trump the state properties on the financial statements. in this process he could potentially lose control of some of his most iconic buildings including trump tower here in midtown. he says that most of his properties ever actually undervalued on those documents that went to banks and insurance companies. the former president plans to testify in this case on monday. he had plenty to say today. calling new york attorney, list teacher james got crazy and a lunatic and added this. watch. >> this is a witchhunt. probably no one has ever seen. we put it on the case that's absolutely 100 percent. there's on a judge in the country that would've even taken this case. this is a witchhunt. it's a very corrupt trial. >> former federal rescuer andy mccarthy standing by with what the ramifications of this court process is for the former president who is the lead candidate for the republican nomination at this point. cb cotton live at the courthouse in lower manhattan. heisey b. >> hi martha, former president all trump continues to say he did nothing wrong. he also says this trial is meant to hurt his run for the white house. >> the attorney general committed fraud.you just thought right up there. she's a fraud. this whole case is a fraud and its election interference. this could be me here. >> meanwhile attorney general leticia james writing on x, donald trump engage in years of financial fraud and enriched himself and his family. we have aarti proven the massive scale of his fraud no matter how much he lies. the facts don't. trump is declaring a wind off of a new york appellate court's decision which allows trump organization to continue operating its core business while the trial continues. meanwhile, the ultimate fate of the trump empire lies with the judge's final ruling expected for sometime in the new year. a presiding judge has found trump liable for fraud in the civil case. now the trial will determine what penalties he faces if any. martha, i want to mention aaron trump is in the courtroom today after his testimony scheduled for yesterday was called off. accounting expert is currently on the stand for the defense. he says he's found no evidence of accounting fraud. the defense is expected to wrap on monday after the former president testifies. back to you.>> cb, thank you. this bring andy mccarthy. former us attorney fox news contributor. andy, it's tough to keep track of all the legal proceedings that are going on around the former president trump. he feels strongly about this one. he's in courts on days he doesn't necessarily have to be there and making the statements we just saw. there's no jury in this courtroom. how does this play out and how soon do you expect the judge is going to make a ruling on how what kind of penalties he's going to employ here andy? >> it looks martha if the evidence is going to wrap up with president trump's testimony next week. i think this could happen monday. i doubt there will be much of the way of rebuttal from the prosecutors or i should say from the attorney general's office. this is a civil case. look, as you just outlined it, it's quite clear that judge ed garon is going to find against trump because he is already found against trump. he's me that finding on the main charge before it started. this phase is how much he lets leticia james run up the score in a case where she claims there is massive fraud except no fraud victims. it's a first case i've ever seen of where this massive fraud but, no one who is it victim of the fraud is demanding to be compensated for that. it's very strange. she's looking for 250 million. ed garon will give her a good chunk of that. what were healing from the appellate court which froze the ability of the lower court to actually start seizing trump's assets and reaffirm that in the last year or so that indicates to me that they're gonna put a freeze on all of this and it will work itself out legally on appeals. and garon will peel against him but that's just round 1. >> and garon adjoin the cameras in the courtroom. he said i don't know why but apparently there are members of the press who want to take some photographs. now the rest of us know where we stand in life. it seems silliness from a judge. does an anti-? >> it does. after remember martha, i've said this about the new york system before. this is a political system that is masqueraded as a legal system. these are all elected progressive democrats doing i think what is expected of them. so tish james. >> the family was enriched by this financial fraud aired it seems like it's difficult to draw online from one of these to the other andy in terms of what has been demonstrated in this courtroom. what you think the likely penalty is? is there any way to to guess what he's gonna do? >> i think he's going to give a very big chunk of the $250 million she's looking for. he is already indicated he wants to strip him of his certificates of doing business. i think he will get maximal relief to her. i think this is a very political exercise and that's what his job is. rex eberly makes you wonder. >> what happened to new york is it will go to the appeals court where you get more legal proceeding and left political henanigans. >> i'm sorry to interrupt andy. i want to make sure i get this in. this is a former president trump today talking about the impact. the economy is a tough shape in new york. he says look, businesses are watching what's going on on here watch this. this is no businesses will go back into newark no business will vaguely stay new rk everyone talks about leaving new york because this action is a serious action. because it's a marxist type of form i'm trying to steer your business and take your money away from you to work for many many years. >> he says they're trying to take their money away from businesses and called it a marxist type of reform in terms of how businesses done in new york. but on that anti-before i let you go to. >> if he weren't there political opponent they want to have come after him. there trying to put him out of business with no victims. if they could do it to him they could do to anyone. >> yep. we will be watching on monday for that testimony and we hope we will see you again then. andy, thank you very much. good to have you with us. former president trump battles of the court his republican base gets stronger. all the time. the extraordinary impact of what we've een, how the former president continues to go up in the polls which each one of these legal challenges is fascinating. wall street janitor jerry baker analyzes this for us and to look at desantis and biden as well for 2020 fort when we come back. >> i'm sitting in a courthouse instead of being in iowa where should be. even though i'm leading by about 40 points. ♪ ♪ we're building a better postal service. for more on-time deliveries. and easier, affordable ways to ship. so you can deliver even more holiday joy. the united states postal service. delivering for america. i'm patriotic kenny. and, hi, i'm amanda on tiktok. my scooter broke down. i went into a depression. how do you feel about that? pretty sad. and i posted it to show that kenny's not always happy. within 24 hours people had donated over $5,000. no, you're kidding. we set up the patriotic kenny foundation to give mobility scooters to veterans. it has changed my life tremendously. none of this would've happened without tiktok. dear moms and dads, what you have achieved here today is going to help us and our futures. it is why we're coming up on stage to collect your diplomas. mom, love you always. vo: when you graduate, they graduate. visit finishyourdiploma.org to find free and supportive . adult education centers near you. >> this story is heating up. the house republican releasing the resolution that would give the go-ahead for an impeachment inquiry into president joe biden. possible vote on this could come as early as next week. they say that will give them more power to investigate the president and his family business dealings. north dakota congressman, kelly armstrong introduced the resolution writing " it's become clear of the biden 's family soul influence using's joe's name is the product. joe biden's name i should say as a product. the white house says connect this baseless stunt is not rooted in facts of reality or extreme house republicans shameless desire to abuse their power to smear president biden. we are now less then 6 weeks away from iowa. the caucuses will get underway then. a new poll shows former president trump with a huge lead in the republican race. he's now 53 percent in the university survey. more than 40 points ahead of florida governor ron desantis. look at the difference from year ago. complete reversal.desantis was leading trump then i 13 points. what happened? all 4 of the former presidents indictments that he has now facing, 91 criminal charges plus the civil fraud trial that's happening right here in new york city. that was what was happening in the time you saw that reversal. strong desantis looking for a number completely inverse now to president trump. jerry baker is here. editor at large from foxbusiness and fox news contributor. jerry is good to have you here. you have a good podcast. let's put this up on the wall. the timeline of trump's charges versus this mammoth bowling. you come back to december 22. desantis was ahead by 13 points. you got trump's indictment in the ark states case. trump up 14 and that. the next one up 26 points. the next one up 33. now up 42. this is an astonishing. this is why political science is only as good as what actually happens on the road. white? >> we should all get indicted martha and baby are fortunes will improve. >> i don't know if i want the same for us. >> if there's any prosecutors out there i do not want to been indicted for anything. look, i think what's happened is clear. a large number of republicans, the majority of republican voters see those prosecutions with some justification. andy mccarthy talking about the space in new york. these prosecutors been politically motivated. they see this as a witchhunt. they agree with trump. i thank you can argue about some of the cases and some of the cases are stronger than others. i think a weird way the democrats prosecutors like here in new york and the ones in georgia have made trump even more popular by piling on this way. one or 2 cases that might've looked like he had a case to answer. when every single prosecutor can get his or her hands on a trump file can file an indictment against him. that does look like a witchhunt. i think that's what people have thought. that is why were getting these polls showing with all of these indictments trump has gone way up to the polls. >> i want to get abiding in just a second. just the last question. how much is desantis weakness impact this as well? there were very high hopes and i should reiterate you and i just talked about this. i was still to come. no one has cast a single vote or caucus to any of these candidates. it is a stunning reversal. how did it get so low? >> desantis had a huge bump coming out of the election last year when he won reelection in florida. huge majority turned florida into a deep red state. that looks great. he was in the news all the time and all the news was positive. because he just one. trump was out of the news doing silly things got him some bad publicity. then over the course of last year desantis has been out campaigning. to be honest i don't accuse impress people. they particularly the case is try to make that he is somehow acceptable version of donald trump. you're gonna get all the stuff you get with donald trump at shamokin have any other crazy stuff. i don't think that comes across. people think they like trump. we want trump. we don't want to imitation a trump. we don't want trump about the trampy stuff. we want the whole package. i don't think he's been able to make that case. interesting haley who's been taking a different tack that she's not could be double trump and she's been explicitly critical of trump but he's been more critical of trump. so that in a sense if you're not for trump then maybe 3rd of republican primary voters are not for trump. it's more like a go for the person who is more solidly not trump. if you are for trump you're not could go for the person who sort of pretending to be trump. your critical for trump. >> jerry, thank you. we will get more into the biden situation as that vote comes up in-house next week and they begin this impeachment inquiry. which is not an impeachment is a process that comes before the impeachment. they seem to do impeaching a lot lately. were getting pretty good of understanding it. jerry thank you very much. always great to have you. republicans blasting president biden's open border. the situation that we have watched, we've been doing amazing reporting.talking to these people about what their situation is, why they are coming. meanwhile the risk of terror is rising at home. we heard that from christopher wray, the fbi director. listen to these migrants in arizona. talk to him about where their american dream they hope is headed. >> where the 9 states do you want to go? >> california, new york city, new york city. >> miami. >> omaha, nebraska. >> miami. >> oklahoma. >> fascinating, right? michael walt's wizened next. michael walt's wizened and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? that's the point. get real about your risks and do something about it. talk to your health care provider about ways to lower your risk of stroke, heart attack, or death. learn more at getrealaboutdiabetes.com there's an old saying in the navy that the toughest job in the navy is a navy wife. and if you've made the deployments and you've been the wife at home, or you've been the spouse at home, you understand what i'm talking about. your spouse has earned the right to apply for a va home loan. the newday 100 loan allows you to borrow up to 100% of your home's value. so if you're in a situation where you need some help financially, give us a call. . >> this sounds like a broken record. it is truly astounding. the numbers of people flooding across the open holes in the fence, literally all over our southern border. sources on fox they have seen more than a half-million migrants encounter since october 1. it's in mid-december right now almost. since october 1 those numbers. 65,000 people have slipped past the border agents. can you imagine trying to do that job when you people coming in in every direction? during that same period they managed that a thousand got away each day folks. where these people? where did they go? why are we living in a country where we have no idea? where these people went when they got to the country. republican senators, many of them, saying that is an unsustainable situation. watch. >> were on track to 3.6 million this year alone 6 million up-to-date went since he's been president. -the 21 states. the threat levels are at an all-time high. the illegal crossings into our country are at an all-time high. my democratic colleagues are saying what we get to secure the border? you get a safer country. >> he laid it out pretty well. let me welcome florida republican congressman, michael walt. congressman good to have you with us. i remember, excusing to go to bill who's doing an extraordinary job today.bill has been talking to people on border and a spanish is excellent. he's in arizona. phil, will tell us what you're saying. it's an incredible situation. >> seeing a lot of frustration mark that not just from the migrants but also from border patrol course are completely overwhelmed. the numbers are drawn dropping. telling us the last 2 days there been more than 22,000 migrant encounters at our southern border. this is a situation live and lukeville. believe it or not this is a lull right now. this is the slowest we seen it today. that's because were waiting for the afternoon and evening rush. in the next couple of hours has typically when each day we get a breach of the border wall somewhere. then we get hundreds upon hundreds of people crossing illegally. these people you're looking out, adult men from all over the world.they party crossed illegally. border patrols backed up. they are camped and ready to be processed. they're hoping to be released in the interior. we want to show you what it's like before the sun comes up. we shot this earlier this morning. it gets chilly and lukeville arizona. remote arizona desert. love these guys will start fires with with whatever they could find. different types of trash and sometimes plastic. the fumes can get rough. they get cold in the dark as it gets chilly. we talk about how it's constantly resupplying with people showing up. take a look at this video late yesterday. martha, the this was this time yesterday. people started spilling through and hundreds of people crossing illegally. the monkey down the border wall on this growth path we are standing on and talking to you right now. we had a chance to talk to a lot of the guys here and asked them where they are planning to go in the united states appeared to glisten. >> where the 9 states do you want to go? >> detroit. >> california. >> new york city. >> miami. >> omaha nebraska asked miami. >> oklahoma? >> carolinas. >> martha the mexican military showed up on the other side of the border ll on the mexican side yards away from over standing right now. it will remain to be seen. are they going to be here for photo off for the media or are they going to take some action and plug this up on the mexican side? we will wait to see. we will send it back to you. >> i've never seen anything like this. bill, thank you. florida covers meant michael walt's joins me. he serves on the arm cities committee for foreign affairs. congressman thank you for being here. i want to play one of the soundbites from bill's interview. this was yesterday. this man is from morocco. watch this. >> i love you joe biden. >> congressman walt, what are we gonna do about this? >> martha, there are so many aspects to this disaster. 1 is at national security peace.the fbi director couldn't ring the alarm bells anymore loudly saying never in his career has he seen so many red lights blinking. nearly 300 people in the terrorist watchlist spread out all over the country that the turnip truck town. i will remind everyone the shooter a pulse my club was on the terrorist watch list and got through. massacred an entire nightclub full of americans. i don't know when it's gonna take. i fear it will take another attack like that for biden to take it seriously. take our proposals and shut down the border. there is a humanitarian aspect of it as a father of a daughter. a 40 percent of young girls and women are sexually assaulted and sold into human trafficking. then there's the cartels. the control according to most estimates, 30 percent of mexico are running heavy weapons, machine guns, shooting down aircraft and fighting the mexican army to a standstill. that's why we've introduced legislation to use military resources to go after them. i'm glad the senate, i'm glad the sun is saying no ukraine, nothing else until we solve this problem. >> this is president biden. there's an interesting editorial in the journal. now is the moment for president biden who says he who ran on the premise he was going to find middle ground on many of these huge issues the country faces here's what he had to say about where this stands. >> had a hold on one second congressman were gonna take our president live.he just walked ut. this is just a witchhunt. final legal system. they should be ashamed of themselves. they're going after political opponent. this comes from washington, this comes from biden. this case is a joke. it's a joke. we didn't ¦ this is come out loud and clear. hope the press will understand how i was treated unfairly. it cannot be more inclusive. over the years the numbers got even better. by the way these loans were all paid off. just we all understand it. these are all paid off. these are loans that were due or defaulted on. we never even got a notice of any difficulty. the bank was extremely happy. they testified they were extremely happy. they received other monday and some of the loans were paid off early. this is just a witchhunt. the goal of the problems in new york are horrible. absolutely horrible. but the general jerk general would do this is disgraceful. i should be in iowa and new hampshire and south carolina. i shouldn't be sitting in the courthouse. i don't have to sit here. i could just do whatever i want to do. i want to make sure that you get the true story. this is a crooked attorney general who did this because she was running for governor and running for attorney general. she ran for governor and failed she got like 2 percent of the vote in the polls. she went back and she said have big things to do i'm gonna go back and she meant i'm gonna go back and get trunk. that was a big thing. i want to say it's a shame that this could happen. by the way, other cases are just like this too. the dc case, just like this. you read the other day where they leaked out that biden has no problem with the boxes. let's see what happens with that. he had probably 10 or 15 or 20 times more boxes. he had them over a 40 to 50 year period. he leaked out. he's got no problem. with me they go after me. it's a 2 tier system of injustice. the attorney general in this case should be ashamed of themselves. again it comes out of the doj in washington, the white house. because they want to try to damage meat so he could win so we can have another 4 years of millions of people coming in from channels and mental institutions pouring into our country. this is what's happened to our country.we are are a feeling they should because of stuff like this. you heard things today that nobody knew because it was a private company. i am a private company. the numbers are great. the other thing, if you notice, 2011 that's long beyond the statute of limitations. that's 12 ã13 years ago we are talking about. the statue of limitation is like 5-6 at max. we are talking about she sued us through 2011. these notes were all paid off. there's nobody entered.they call it no victims. there is no victims. the banks love trump. a lot of them were paid off but, not by me. the company is a great company. even the banks said this is a great company. one of the best i think they said it was the best company they deal with. this is what i have to go through. from a fraudulent attorney general that valued the incredible club in florida that's worth 50-100 times more than they put down.they fraudulently valued at low. this woman should be under investigation for what she did. she is a disgrace. i did hear the judge say that he is going to take it under advisement when we said to declare our name in the fraud. when he moved in the way he did he did know anything about the case. now he sees these things from the leading expert. the leading person, a man on the pulitzer committee. a respected person. top professor. a very honest man by the way. he wouldn't say what he saying. he said these were incredible loans. i didn't even need the money. so here's the story. i hope you write it fairly. we are a very direct country and a very corrupt political system. and they're doing this to hurt a political opponent. this is 3rd world country stuff. this is banana republic stuff. it's a shame what's happening to our country. thank you very much. >> former president donald trump. the case we are talking about with anti-mccarthy a while ago. that situation is over right now for today. he was talking about the border congressman walt. he has said one of the things he would do to sean hannity on date number one is close the border.this appears to be a compelling campaign. because he's doing quite well in many of these polls. >> look, let's go back a few years ago. i mentioned nearly 300 on the terrorist watch list. those compared to 11 under president trump. 3 pieces martha, remained in mexico while you're waiting on asylum. title 42 and president trump got the same president of mexico one of the most left wing they've ever had, and loan, to put his national guard 25,000 of them to secure mexico's southern border. it can be done. that's why were demanding policy changes in the supplemental. not just more money on body it's bad policy that will make it worse. >> that's an important point. one side seems to want to process more people with more money and more effectively. the other side wants to prevent and close the border and prevent people from coming in. i don't think no matter what your politics are watching people walk through the wall is not what constitutes a border. congressman, thank you very much. it's always great to have you with us. michael walt from florida. so israel intensifies fighting. in southern garza. as a works to take out hamas leaders the focus is on them in southern gaza. and rescuing the hostages from the terror groups grip. ophir force, policy to that yahoo joins me next. if your instinct is to help. ♪ then clearly you care. ♪ you have what it takes to be a care professional. home instead. apply now. directv sports central brings your games, stats and scores together... and now you can get it without a satellite. one more reason to finally get rid of cable. but getting rid of the cable guy might not be 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[limu emu squawks.] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ for the better part of the century, harry and david has been making gourmet gifts that bring people together. to share traditions and make new memories. to bring us all closer, even when we're apart. no matter when and no matter where, life is a gift best shared. harry & david. life is a gift. share more. the white house says it is still trying to get more hostages out of gaza. 2 months after the hamas attacks on israel. some of them americans. we may not be seeing any releases anytime soon. here's john kirby. >> talks are ongoing. discussions are happening every day. our team is in touch with our partners on this. i wish i had specific progress to i don't. obviously we are not close to inking another deal on humanitarian pause. >> meanwhile the israeli army says it's on a mission to find the hamas leaders in gaza and to kill him. ãfaulk who was standing by in tel aviv. first just seen her foreign affairs greg palkot reporting on market southern israel. hi greg. >> martha, this town was hit hard on october 7. 2 months on those her left ear left this huge menorah. marking the holiday on hanukkah. more on that in a moment less talk about the war reaching nearby. israeli military pushing hard against pockets of hamas resistance. especially in the south. it would be the home base for the terrace. 90 israeli soldiers said to have been killed also the fighting taking its toll on civilians supposedly saved areas hit by israeli airstrikes in the south. israel claiming the areas were used by hamas to fire rockets. meanwhile, here in surratt the first night of hanukkah marked with aligning the first cattle are like huge menorah. sits on the cleared side of it was the police station here. there's a huge firefight between hamas and authorities. told police officers were killed along with 30 terrorist. on this night soldiers and others gathered, prayers said, songs sung. japanese air here told us what was next. >> then this is her home. were not looking for another one.we want to stay here. >> we want to stay here martha. it's an eerily quiet place. aside from the pounding of explosions in the nearby war. very few people are left here. 35,000 population. mostly evacuated. deputy mayor also told us on his hanukkah at the festival of lights, this is important what's behind us. we want to bring light to the world. back to you. >> greg palkot, thank you. with that we go to tel aviv and former policy advisor to israeli prime minister netanyahu. sir very good to have you back on the program. thank you for being here. i want to start with the action were sitting in southern israel and the effort to find and kill and eradicate hamas's leadership. we have a photo of a group of them and 5 of them have been taken out. we can put up on the screen and show people who those 5 hour. then the other obvious target is the man who is believed to be the mastermind behind the october 7 massacres and attacks. that is yeah got cinnabar. the palestinian leader was on the left-hand side without child. we have another image of him as well. he spent many years in an israeli prison after he was released he moved up through the ranks quickly based on the time he spent in an israeli prison and is the leader of who you want to find. i know his home was surrounded. do you believe he was there and if not, where do you believe he is? >> thank you for having me martha. we are in the myths of waging war back on thomas after the october 7 animosities. they talked israel murdered over a thousand people, men, women and children.beheaded children, burned babies alive. now the idea is destroying hamas. that is that the war ission. the war cabinet defined exactly the work mission as being destroying hamas and freeing hostages. that's exactly what we are doing. that's exactly what the idf is doing. the head of hamas will probably pay a price. probably killed. >> if you think he stone the gaza strip? >> i can't elaborate on details. he is we will get him. >> so you have a lot of hostages. 138 is the most recent count. another's political pressure in israel to make that the priority. rather than the continuing operations in the southern part of israel. what do you say to those families who say they want their love ones to be the top priority? >> absolutely martha. that is a top priority along side the top parting of destroyed hamas. those of the 2 objectives, the missions of this war. there were not mutually exclusive to the contrary. the complement one another. if the idf would not have gone into gaza there was zero chance we would get any hostages out. a few people believed 2 months ago we would be able to free 110 hostages. that's what we been able to do today. the main reason for that is by the pressure and more pressure. they will get more pressure. >> what you say to those families in terms of where the process is to begin another. of release of hostages by some sort of discussion, negotiation to get them out with hamas? >> again, i can't get into details of terms of negotiations and what we are doing and operationally. what were doing right now is advancing the destruction of hamas and freeing the hostages. those are 2 missions and they are not mutually exclusive. >> you can understand why some the families feel like they've heard that but, when they watch what's happening in southern israel they are worried of their own family members could be caught up in the fire and they want the priority to be getting them out before that. what you say to them. >> absolutely. our hearts go out to each and every one of the families in the hostages. we are doing, israel, the idf is doing everything possible to get them out. to date we've been able to get out 110 with special missions and negotiations. thankfully we had assistance from united states. even the president of united states personally intervened and negotiations to get hostages out. we appreciate that. we will keep driving home to get them home. >> 8 or so american hostages among them. they want their families to come home. before let you go i want to play this soundbite. this is an elderly palestinian woman talking to a reporter about what happens when the aid comes in. we've heard about these trucks that are coming across the border from the roughest gait and here's what she said about what happens.watch this. >> a lot of aid is coming. it's being distributed. this is what they say. hamas takes every thing to the homes. they could take me, shoot me or to whatever they want to me. it seems the situation is unclear. >> i would imagine it's not that surprising to you? >> absolutely. the un guaranteed the humanitarian that israel has been able to go in and they guaranteed that would go to the civilians. israel is fully enabling humanitarian aid. hundreds of trucks have gone in. food, water, medicine, humanitarian aid to the civilians. expected to reach the civilians. >> i don't think it's not surprising that woman is complaining and it's brave on her part to speak out about it. she said i don't care what happens. you could shoot me. it's a horrific situation. thank you very much. good to have you on the program as always are. thank you. the president of the university of pennsylvania facing more scrutiny after putting out an apology now over the comments without actually apologizing. listen to this. >> is calling for the genocide of jews violate pens code of conduct when it comes to bullying and harassment?yes, sir no? >> it can be harassment. ask the answer is yes. >> katie babbage former congressman patrick murphy a professor at wharton school of business at u penn has thoughts on this today. nextti. and, hi, i'm amanda on tiktok. my scooter broke down. i went into a depression. how do you feel about that? 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this is the easiest question to answer yes, ms. magill. is your testimony that he will not answer "yes." >> if the speech becomes conduct it can be harassment, yes. >> that was a tricky question. the president of the university of pennsylvania followed up with this apology that hasn't convinced some of the critics, watch this. >> i was not focused on what i should have been. the irrefutable fact that a call for genocide of jewish people is a call for some of the most terrible violence human beings can perpetrate. >> let's bring in katie pavlich and former democrat congressman patrick murphy of pennsylvania former undersecretary of the army, now professor at the wharton school of business of the university of pennsylvania, welcome to both of you. let me start with you because you have a role at that university -- what really strikes me when i look at her apology and i watch, i rewatch that stunning testimony is wise it so difficult? why do they seem to need preprogrammed statements. i don't know if she was reading off a teleprompter but it sounded like that, why can't a president of the most prestigious universities in the country speak off-the-cuff and from the heart about the fact that obviously any call for genocide is a call to be in support of killing people, killing jewish people, what is going on here? >> yeah. it was not a great day for the three premier higher education institutions in the world. there is no excuse for edge and i think that's why all three of them have come out now with statements -- harvard came out and said we will hold people accountable would say anything -- it was not a great day. we're making no excuses. isa teach constitutional law at west point 20 years ago before i deployed in the invasion of i iraq. presence magill is a great president but she's first year, she's a constitutional law scholar. may be she was wrapped up on the first amendments. all speech is protected under the first amendment except fighting words, incitement to riot, defamation of character and obscenity is. genocide is not context-dependent, it is hate speech. it is not protected by the first amendment or by academic freedom. >> martha: these people have bent over backwards to protect any micro-aggression. any food in the dining hall that might offend someone because it wasn't made by someone of that culture -- why is this so hard? listen to this from the president jacob miller who was also baffled by the answers yesterday. >> it's not like the presidents of university have ample time to prepare, they did, they had more than a week. in my case, president hired one of the best p.r. firms in boston in addition to our in harv's public affairs service, those are my tuition dollars which were going to help prep for this hearing. that yielded this results. i'm baffled. >> martha: can you imagine the founders of these once great universities having to call a p.r. firm in order to understand what to say if people are chanting about genocide on your campus? >> it makes the statements meaningless, of course. all of these universities have a handbook about harassment. all they have to do is apply to the jewish students. it should cover everybody, they know what it is coming to know what it says. i've been thinking a lot about this question of how did we get here and how exactly is this happening? how is the leadership at america's most elite institutions can't answer basic questions or stand up for a basic moral clarity when it comes to calls for genocide happening on their campuses. i went to a state school i didn't go to a fancy ivy league school and i was offered extra credit to the journalism school to go listen to one of the cofounders of the council of islamic relations to speak. i never got extra had to go listen to anyone on the israeli-jewish side to speak. just this week that say man celebrated the october 7th attack that happened that killed american, israelis, innocent people. this is a systemic problem universities have starting with students in the faculty, as we saw with the lack of leadership in moral courage from these university presidents. there has to be a look at all of the curriculum, things that are being taught inside these departments come it's not just about some students who may be don't understand exactly what they are dealing with in terms of context and content, this happening in and ingrained in in the player in universities across the country. >> martha: they're going to start losing applicants and students, some of them are lowering the amount of money that it takes for a huge donation to grease the wheels to get someone in because they don't have as many applicants anymore. i think people will walk with their feet in a lot of cases. bari weiss has said reevaluate whether or not this is what you want for your kids. thank you very much for being here ago that is the story for this thursday but the story goes on, we have a new episode, very interesting in-depth conversation with actor jonathan rumi about how faith helped him land the role of jesus. tonight on special report, bret has a big news surprise in the world of golf, a major announcement -- sports fans will not want to miss. we will stay tuned for him tonight at 6:00 and we will thank all of you for being here on a very christmasy afternoon. lights all over new york city right now. we will see you back here tomorrow for a friday addition of the story. have a great evening everybody, see you tomorrow. >> neil: the war over funding wars is on and fin