trey: good evening and thank you for joining us i am trey gowdy it is "sunday night in america." i've been saying it for months the democrats will replace joe biden if they are convinced he will lose and thursday night's debate did nothing to change my mind. many democrats are in full blown panic over biden's performance. as the debate began president biden look feeble and lost. >> they raise $500,000,000.000000000 i should say in the 10 year period we would be able to wipe out is that we would be able to help make sure all the things we need to do, childcare, eldercare, make sure we continue to strengthen our healthcare system. making sure we are able to make every single solitary person eligible for what i've been able to do with the covid excuse me, dealing with everything we have to do with -- look if we finally beat medicare. trey: his campaign said he had a cold. we have all had colds before but we did not talk about killing medicare or sisters committing a sexual assault on their sisters in response to a question about rowe against wade if first impressions are truly important biden wasn't troubled from the opening bell he did regain some footing in the middle of the debate his closing was weak and disjointed. do not take my word for it, listen to it democrats are saying. >> is kind of a devcon one moment. they are at three years apart they seemed about 30 years apart tonight. quickset was painful. i love joe biden, i work for joe biden, he did not do well at all. he did not do well at all right now as we speak there is a deep, a white a very aggressive panic in the democratic party. quickset of known joe biden for over 20 years i have never seen joe biden like i saw him last night. it is worrisome. because if you are gretchen whitmer or gavin newsom you probably will be waiting by the phone. trey: i thought this debate would be as much about acuity as agenda much about cognition as content most of us can sense the hatred at many democrats have for donald trump is stronger than any love they may have for joe biden. thursday night biden did not look like a man capable of running anything. for a prize fight we would be blaming his corner for not throwing in the towel. no one should allow that to happen not to someone they care about. but will the narrative's ticket? will he rebound or quietly go into that good night and bow out of the race? kim trostle colonists and democratic strategist my friends on both sides of the aisle last night were in a state of shock. especially as the debate began. i was never one who believed biden was on some type of drug. but if he picked a drug left side he picked the wrong one because what i saw and heard was equal parts infuriating and sad. really my dominant thought last night was one of sadness but what did you see? >> look, we talk about past bad debate performances we talk about that someone having a moment or making a gaffe that gets used in a commercial later not being able to respond to it to a question sufficiently. this wa was in 90 minutes of unmitigated disaster for joe biden. but i want to make a point most people are focused more on the style question his simple appearance and how problematic and disturbing that was. can i also note it was also a disaster on substance. americans tune into this to hear not just to see if joe biden was up to the job picked up hear his answers on things he was given multiple opportunities to hammer on trump lift all of them he was incapable of offering a rejoinder to many attacks trump made on him it was a failure not just of style but of substance to and that is what made it so devastating. trey: hosea, to be fair they were lucid intervals but there are many democrats who seemed panic today over biden's performance. is there any chance he will be replaced as the nominee and logistically is that even possible? >> look that is a great question thank you for having on the show. there is no question that was a tough night for joe biden. he did not do well trump won that debate but we ought to remember barack obama and had one in 2012's first debate was horrible that is number one and number two is the american people are not going to make a decision on the president of united states of america on a 90 minute debate setting debates don't move the needle all that much. i do think it did not help joe biden when it comes to his agent is he ready to be president? those and 98 minutes if you judge them by this 90 minutes it would be a problem. we saw joe biden this week after the debate in north carolina he was very energetic. he made it very clear he does not plan to go anywhere and he is up for the job. that happens in life you get knocked down you get up again and keep going. i think we'll have j love joe br the convention come november. trey: kim you mention content agenda i guess i am such a nerd i was listening for content last night there is a little bit. let's listen together i will ask you about i on the other side. cooksey because the inflation it is killing black families and hispanic families and just about everybody. it is killing people they cannot buy groceries anymore. i gave him a country with essentially no inflation it was perfect it was so good. >> there was no inflation when i became president do you know why? of the economy was flat on its back. 50% unemployment. he decimated the economy. trey: a policy is important for that office i hate to sound naïve but it is. immigration, the economy, and debt they all seem to be subordinate last night to fitness for office. is there any way, to josé's point that joe biden can recover from this performance? barack obama may not have had a great debate performance, it was nothing what i saw last night. >> and no, there is no comparison to the whi the whites not going to trial this out there saying he's not going to quit, he's going to stay the course. but here is the thing to watch in my mind going forward democrats have had panics and briefly in the past never anything quite as large as this and then they kind of settled back into the paradigm and the reason they did so is because they looked at the polls and as josé said did not move the needle up much and he was not dragging down they're down ticket ballot. but you watch those polls now if you begin to see donald trump or widening his national lead on this key battleground states just as importantly if you see senate candidates and democratic's candidates beginning to get drowned in the tide of problems for biden then that will be the moment whether democrats decide if they're going to make this guy go. but the problem is they are running out of time logistically to make that decision. trey: hosea i rose he or democrs who seemed to genuinely like a president biden but it also appears there are a lot of democrats that do not want donald trump to win. so, if the polling begins to separate and this it debate performance remains being a topic of conversation, what happens then? >> look at the great question. if we got to a point we saw the president may beat his ability to deliver got worse until may be here to the convention i think the plan i don't think that's going to happen by the way that's it i don't think there is any other way to go about it. i think it is too early to talk about it and i just do not think it is realistic i saw joe biden after the debate and some of the rallies he was that he saw him energetic i'm not justifying he had a cold o i think at the beginning of the program we have all had colds a beat we are a little more on the ball but let me say this we do not travel to three countries in two days we are not president of the united states i think the toll it have is different than on the show tonight. the last thing i will say is policy and the record i think the american people are going to look at biden, h will be an issue but they will look at inflation being at 9% now at 315 million jobs created this is a president who actually likes immigrants he wants illegal immigrants to come. he is helping 5000 undocumented immigrants that are married to american citizens for we have another person who is a criminal it is a reality in the latino watching the show tonight he wants to deport you. which one do you want? cute what the criminal back may be deliver a debate or the older guy that has a record of this going to help you move forward? that is the big question. >> i actually did not hear president trump former president trump said he wanted to deport all latinos i will let people judge it they can watch it and listen to it for themselves. >> not last night but watch the record. thank you for joining us on sunday night. >> thank you. trey: is not wrong for the lincoln douglas debates that 1858 our next guest is a lot older than i am but on all think he was around either. the level of political discourse was higher than what we are experiencing now. the left is welcome to scrutinize trump's idea but they cannot stop there. they want you to believe that if reelected donald trump would never leave office. hasn't canceled the elections and become a dictator. i do not know what is set are people who really believe that or those who know better but just say it anyway. our next guest went to washington rose to be the speaker of the house and then he left he also knows the former president very well former speaker of the house kevin mccarthy. welcome mr. speaker part you and i talked during the debate to let me get your initial reaction to what really look like an awful performance from president biden. >> regular one 100% right but you've got to put in perspective. one of these candidates, president biden took the entire week off. he is the leader of the free world and for the entire last week with the war in ukraine, war in israel, everything going on with inflation, the border insecure he said he could deal with nothing else had 16 experts at camp david to prepare for a debate and that is what you saw. to me that debate is worth in any situation we've ever been able to watch. it's not even the words he used. it's what i have seen privately and have been warning about paris when the wall street journal just wrote a story a while back about some situations i had with them over trying to negotiate the debt ceiling or him taking me on some wild tour down to see the swimming pool. people attacked me like morning joe said joe biden is the bestie has ever been right now. and now we find today that is not true. america is waking up to what we see before the other candidate, president trump what did he do? he was just three states a day, campaign, raised money talk and listen to people walked out there and showed from all perspective he can be president again, and handle the course and actually have a debate with all the rules of benefiting president biden. cnn, turn the microphone's off, no audience. biting that the set all of the rules of president trump that i will debate you anytime, anyplace, any rule city proved right there with why he will win in november. trey: udo speaker, if he really took a week off to prepare and that is what he got he should have them what you and i did when we were in school which was not study at all and just show up and take the test. let's listen to the former president together that i'm going to ask you a question on the other side. click click so many politicians this man is just a complainer he said we want to do this, we went to that we want to get rid of this text, that text but he does not do anything we are in a failing nation but it's not going to be failing anymore were going to make it great again. trey: and have the answer to this question better than trent you do if trump urchin when it's a new house and cap to get organized. realistically how long would it take before committees could actually start doing their work and getting bills passed and the gop infighting stop long enough to actually pass an agenda if there is eight president trump what is a reasonable timeframe? >> usually there's about three months. you have to think about this the house and senate get sworn in early january the new president and not until generally 20th but with president trump coming and if you had a republican house and a republican senate, which it looks like that will be the case. you have an individual it does not have to learn on the job. instantaneously he will be able to secure the border. they are going to have to take action legislatively to secure the tax bills that have gone through to make sure this economy and cut back on the wasteful spending to curve the inflation so that affordability be able to do to move again. but instantaneously have in the election in november the world will change course because remember, the only time putin has not invaded another country was under president trump. i think the world will beat more balance and in a safer situation but it is really going to take about three months to get bills passed but remember the new president, president trump will have to confirm his new cabinet. that takes time and th in the ss well. trey: before i let you go if i got a little while but it got to ask you since you brought up cabinet. president trump wound up not being happy with some of his initial cabinet picks do you think the vetting process will be improved at this time around and it won't have to replace so many of his top cabinet officials? >> yes when he came in at last i remember he was not in politics before it now he has worked with people but when i watch the debate jean and we spoke about the most? senator tim scott you and i both know it sounds tonight tim scott will be an excellent vice president or fabulous in the cabinet you look at the opportunity zones president trump talked about having tim scott worked through. the number of times he's able to do it. so he knows a lot of the players now and the governors and others i think he's going to have the strongest cabinet we have ever seen with the very best people working with him. trey: you are right he didn't mention tim scott he frequently mentions tim scott we will see who is vp pick is, thank you for joining us on a sunday night. >> thank you. trey: up ness fulmer president trump will soon be sentenced in new york as pretrial motions kick off on the florida documents case. fox news contributor andy mccarthy joins us after the break with more on trump and the i'm a rusty old boat hitch, and i am barely hanging on... see yah. ha ha ha! ahoy! so get allstate. ha ha ha. (♪) choose advil liqui-gels for faster, stronger and longer-lasting relief than tylenol rapid release gels because advil targets pain at the source of inflammation. so for faster pain relief, advil the pain away. guys, are you tired of frequent nighttime bathroom trips? well, force factor prostate helps reduce urges to urinate, plus fully empty your bladder, and promote a normal prostate size. don't settle. rush to walmart for force factor prostate, from the #1 fastest-growing men's health brand in america. i couldn't get my hair done. then psoriatic arthritis. cosentyx works on both for me. people with psoriasis on the scalp have a 4 times higher risk for psoriatic arthritis. serious allergic reactions, severe skin reactions that look like eczema, and an increased risk of infections, some fatal, have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to, or if ibd symptoms develop or worsen. still workin' for me. ♪see me.♪ trey: welcome back to "sunday night in america" but who knew having a law degree would come in so handy discussing presidential path politics donald trump was sent to be sentenced on july 11. judge amended his gag order about parts of it remain in place. meanwhile judge eileen cannon is here eating pretrial motions in a document retention case some legal commentators on other networks, not all of them but some seem to think search warrants have never been challenged before. indictments have never been challenged before the jurisdiction of a prosecutor has never been challenged before. in reality trump's lawyers are doing what lawyers do all across the country every single day and by the way judges do not operate on political calendars they operate on their own calendars. speaking of which supreme court is trying to thread a needle. surely presidents cannot assassinate political rivals they can order it military strikes on non- americans overseas without fear of future prosecution. so what are the limits? what new rule will emerge question what should we expect from a high court on this pending immunity case? joining us is only favorite legal minds former federal prosecutor fox news contributor andy mccarthy. a welcome counselor from going to talk fast and give you more time in florida are there any defense arguments you think can significantly alter the landscape of that prosecution? >> yes i think some. the classified information stuff is very tough to get to trial you basically have to have a pretrial trial of the trial to figure out what classified information is admissible. so that is very important. this motion attacking jack smith status constitution under the appointments clause he is qualified to be special counsel is very important and the motion that is based on whether trump's attorney client privilege should have been taken away from him. judge cannon is not bound by the ruling made in washington that said basically the crime fraud exception to the attorney/client privilege met trump's lawyer had to testify. that is critical evidence in that case that's very important motions i think. trey: alright, i had the pleasure of sitting in between you and jonathan turley for the trump trial which made me immediately it feels smarter. i'll be back there with you i think on july 11. is there any possibility the judge gives the former president in custodial sentence, any possibility? >> it think he will give him and in custodial sentence i do not think he will end up in custody and that is part of the perversely part of the incentive to sentence him to prison is the awareness he will not actually go to prison he will get bail pending appeal. but as we saw in that trial, unlike what the charges were which were pretty puny falsification of business records charges the way they teed the case up for the jury was tube presented as a successful conspiracy to steal the 2016 election. at that is the fiction under which she's going to be sentence it is hard to believe you could say 34 counts of that and then turned around and say that's worth about two days of probation i just don't see that. trey: is there a quick ruling on the issue of immunity that could in theory get the d.c. trial started between now and the election? >> yes, i think so. during the oral argument of the immunity case trump's lawyers made some pretty important concessions some of the charges some of the conduct charged is private behavior that no matter whether the supreme court's extensive or narrow when it rules on immunity those things will be available to the prosecutor. this would be very un- jack smith like if he was willing to take the stuff that even they concede is private and not immune go to trial unjust that i think he could get to trial and it looks to me like the way the supreme court decided the obstruction ruling earlier this week they left open the possibility that you could build a case on the so-called fake elector scheme. i do think there's going to be dribs and drabs that he could pick up and go to trial with. he would just have to content himself with not having that big indictment. trey: the goodne good news for i get to talk to you more than more crime there is the more criminal trials, the more i get to talk to you. [laughter] i will see you in july coming up in a couple of weeks but thank k you for joining us on a sunday night. >> thanks so much happy independence day. >> yes, sir, you to be coming up democrats are taking aim at the supreme court on the two year anniversary of the dobbs decision some democrats really don't need a reason they like attacking the corporate senate judiciary committee ranking member lindsey graham weighs i the cockroach. resilient creatures. where there is one, others aren't far behind. well that's horrifying. always scavenging... ortho home defense max indoor insect barrier. one application kills and prevents bugs for 365 days. nature is wild. your home doesn't have to be. so rich. so indulgent. it's indulgent moisture body wash for soft, smooth skin. bye-bye dry. hello glow! in just 14 days. indulge with olay body wash. wow. -incredible, isn't it? -yeah. well, with your home, auto, boat and rv all bundled with progressive you've got the peace of mind to really wander. yeah. yeah, i just hope it stays this way. once word gets out about these places they tend to -- -are you done? 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>> yes, thank god they do. don't have nine unelected people making laws for all of us with no accountability at the ballot box. so let's break this down there overturning of roe for over 50 years the supreme court ruled no elected official in this country could have a say about the life of the unborn, the rights of the unborn until roe was repealed there's nothing in the constitution that says you have a right to an abortion this was a judicially created fiat called the right of privacy that was made up there is no specific mention of abortion and the constitution but liberal judges created a right to abortion that does not exist pretty conservative justices turned to the issue back over to the people part of the roberts court with some exception has been the most to truly conservative court in my lifetime for thank you president trump are giving is constitutionally sound conservative judges on your watch. and the democrats, my friend, will stack this court if they get the house, the senate and the white house for they will obliterate the conservative majority we worked 50 years to create some remember that when you vote. trey: president obama, you will render this better than i did but voted against nearly all republican dominated judges. so no one was to his liking and fighting was not much better. to quote my senior senator if you want to start it appointed judges to figure out how to win elections. it's really hard for me too believe the skull leah and ginsburg were almost unanimously approved given where we are now. >> it is a good .96 votes i think for scalia at 97 votes for ginsburg opposite ends of the pole in terms of how you look at being a judgment both qualified. so it started with ted kennedy trying to destroy the clarence thomas what they tried to do to kavanaugh. liberals tried to destroy conservatives. they could care less about the rule of law unless the rule of law is working for them. when the rule of law is used to advance or liberal agenda it is great, like you said before if they see a constitutional conservative judge about too go into court they will destroy this person if they can get away with that they tried it with thomas, they try to kavanaugh it did not work i'm proud of the role i played of helping to make sure conservative judges get on the court when it comes to trump and trump are judges there are no rules. here's what we have we have the chevron case overturned that is a really big deal. courts no longer are bound by administrative rulings that make no sense. they can revisit these rulings anew. the chevron doctrine was putting a blanket over the economy giving it power to unelected bureaucrats that has been change the roberts court with the conservative judges are beginning to put the court back into the lane it was created for. >> you mentioned bourque and i guess it was kavanaugh throw into that whom they kept. let me ask you about kavanaugh. he had a brutal confirmation process. justice cody barrett was challenged on everything personal and professional. is there some chance knew that you nor i are psychologists or any chance some of their votes are designed to prove their critics wrong? another was the left is such a good job of vilifying these men and women they tried to maybe over prove they are not what they were accused of being or am i just playing amateur psychologist? >> i think the work product answers that question i think they have been constitutionally sound. they all voted to overturn the chevron doctrine. they voted to give elected officials a say about the right of the n-word they've been good and constitutional servants they've made decisions i don't agree with on occasion but they lived up to the billing of being thoughtful, scholarly, constitutional conservatives they will take a path that i won't take sometimes but i like that in a judge for these charges are smart, they are thoughtful the only sin they've ever committed they do not consider themselves politicians in a row of the court has been a tool of the left most of our adult life there squid thing like stuck pigs because the court does not want them as part of their political apparatus it is a welcome news. president trump, thank you for standing by and cap not not pulling the plug on him, thank you president trump for giving us these charges and more are coming if you win. >> you make very well be the chairman of the senate judiciary chairman if there are future confirmation hearings. lindsey graham from a great state of south carolina thank you for joining us on the sunday night. up iup next to the southern borr terrorism and crime are hopelessly intertwined. house judiciary committee member former circuit court judge congressman la liberty mutual customized my car insurance and i saved hundreds. with all the money i saved i thought i'd buy stilts. being so tall definitely has its advantages. oh whoa. here you go, kiddo. thanks. hi honey ready to go? 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(celebratory choir sings) this... will work. scooore! pick up score! at walmart. - [narrator] life with ear ringing sounded like a constant train whistle i couldn't escape. then i started taking lipo flavonoid. with 60 years of clinical experience, it's the number one doctor recommended brand for ear ringing. and now i'm finally free. take back control with lipo flavonoid. trey: and welcome back to "sunday night in america" dhs secretary mayorkas is doing his best reincarnation of that old line, other than that mrs. lincoln how t did you like the play? >> dhs confirms at least 400 migrants with potential isis ties recently crossed into the united states because that is incorrect. >> tell us why. >> that reporting is incorrect. we do not have identified 400 people with potential isis ties. trey: that is reassuring. maybe it's only 300 terrorists. maybe it's a couple tons of sentinel. may be fewer criminals are being released into the country than originally thought. one thing is a fort sure there's a dead nursing student and george a dead mother of five he was out for a walk a young girl was raped in another strangled to death all by people in this country either unlawfully or unleash to wait on some sham asylum hearing. biden blames republicans. everything would be great if only you had passed the senate border bill. let's find out joining us house judiciary committee member former circuit court judge congresswoman laurel lee. how would lakin riley or would still be alive in the senate bill passed that is what i don't get how would they still be alive? >> that is exactly right. on his first day in office of joe biden made a deliberate decision to reverse a president trump some policies that we knew we were working and secured our southern border since then every day he has been in office he has made the same choice not to go back to remain in mexico. to carry it forward with this asylum process that allows these criminals into our country and puts americans at risk. this news this week it just continues to underscore the threat to our country and the nature of some of these people who were coming in. new reporting a group to isis' smuggling people across our southern border is consistent with the behavior and actions of this administration from the outset. house republicans passed the strongest border bill in a generation. over 400 days ago that sits still on chuck schumer's desk waiting for the senate to take action and the president to sign into law. trey: this issue came up last night let's listen i'll ask i wk about on the other side. >> it was part of the steel we put together this bipartisan deal. he went and called his republican colleagues and said don't do is going to hurt me. >> their bid and many young women murdered by the same people he allows to come across our border. we have a border that's the most dangerous place anywhere in the world. cooks i actually thought the moderator said a good job last night but really appropriate follow-up question a good lawyer like you would have asked exactly how would the children have been killed and raped ben unharmed had the senate bill passed? >> it would not have everything he is saying and doing right now is too little too late. this was a deliberate choice by president biden from the beginning to try to appease the radical left and immigration interest groups instead of prioritizing american national security. and the safety of the american people when it comes to a southern border policy per fbi director christopher wray has been trying to sounded the alarm to the american public and to congress about the incredibly heightened threat environment we are facing right now because of our failure to secure the border. and the fact we do hav have milf people. who are absently right he wants to say is not 400 how many is okay? how many people ties to isis is okay? we already know there's hundreds with ties to the terror watch list for scott to our southern border there is absolutely cannot be overstated the threat to our overall security. because of that millions of people we do not who they are we do not know where they are and the biden administration has no plan to remove them from our country goes back to basic enforcement of our laws. they've been tying the hands of local law enforcement even in the states who want to pull these people into custody and deport them as they should be as is consistent with our law. so it has to stop. biden and mayorkas have lost all trust and confidence from the american people and rightfully so. we are going to have to fix this at the ballot box it is clear he will not take the action he needs it put a stop to this. >> joe biden has been an office i will bet shoot longer than you have been alive. the fact that he is a waiting until just a few months before an election to get serious about the border, that will tell people how unserious he is a congresswoman laurel lee from the great state of florida print thank you for joining us on a sunday night for. >> great to see you. trey: yes, ma'am you two coming up i learned a new word, need to but it is spelled differently and does not mean what you might think it's an acronym but we will explain all of that next only on "sunday night in america." the cockroach. resilient creatures. where there is one, others aren't far behind. well that's horrifying. always scavenging... ortho home defense max indoor insect barrier. one application kills and prevents bugs for 365 days. nature is wild. your home doesn't have to be. t—mobile's 5g network connects a hundred thousand delta employees so they can make every customer feel like they've arrived before they've left the ground. this is how business goes further with t—mobile for business. 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