0 >> okay. how about article 2? >> neither is article 2. >> you want to be a federal judge and you don't know what article 5 and article 2 which creates executive. you don't know what they are. you want to be a federal judge? you don't know what its articles say? we will be back tomorrow. have a great night. welcome to hannity. we begin this busy newsnight with a fox news alert. the state of tennessee is on edge. five former memphis police officers now have been arrested and they have been charged with second-degree murder after reportedly beating a fedex delivery driver to death after a traffic stop. this all happened on january 7t. tyre nichols was pulled over for reckless driving. he was, according to reports, asking why he was pulled over. that involved a back-and-forth with the police. tonight he is dead. tomorrow body cam footage showing this reportedly horrific beating, look at the space. it will be released to the public. we are told it will be extremely graphic in nature and hard to watch. the city of memphis as well as cities all across the country, they are bracing for the potential violent riots. what can we expect in the coming hours and days? i don't know. let's pray for peace. and don't forget we are also awaiting the release of the body cam footage in the paul pelosi attack. marcus garratt ghost may have insight into that. he will share with later in the program. first joining us with the latest on the ground tonight in memphis, steve harrigan is with us. my understanding is that the mother of tyre nichols can only watch it for a minute pick. she couldn't walk it anymore. she described the tape as a brutal beating work is that what you are hearing? >> that is right. a lot of professionals who have been in the business for decades say this is absolutely the worst, most terrific video they have ever seen in all their experience. we can just imagine what will be on it and we could find out as early as 7:00 p.m. eastern tomorrow. that is when it is expected to be released to the public. as of now the five former memphis police officers have now faced multiple charges including second-degree murder. they could end up to 60 years in jail. 829-year-old tyre nichols was beaten savagely on that videotape in the head of the tennessee bureau of investigation says it is simply difficult for professionals even to watch this tape. >> i am shocked. i am sickened by what i saw. and what we have learned through our extensive and thorough investigation. i have seen the video. and you will too. in a word, it is absolutely appalling. >> this all started out as a traffic stop at 8:30 p.m. at night. tyre nichols was accused of reckless driving. there was a confrontation at the car. he ran and then there was a second confrontation. the final beating took place less than 100 yards from his house where he lives with his parents. according to attorneys for the family he called out for his mother and said what did i do? back to you. >> we will find out tomorrow. sad story in the end. we will find out what happens. we will know by this time tomorrow evening. the five former memphis police officers now all face a series of charges including second-degree murder. that could carry a penalty of 15 to 60 years. by the way, on top of that, we have memphis police and memphis the city now on a state of high alert tonight. we will continue to monitor all of this as it unfolds. now we head to the washington swamp where president biden once again is having a very hard time mired in scandal and plagued by his own cognitive decline. joe biden decided to take a big troupe away from the oval office. he managed to travel a whole 10 miles crossing the mighty potomac river into northern virginia. what a long trip. unfortunately, the purpose for this outing was not exactly clear and his bizarre, disjointed speech was almost impossible for anybody to comprehend. we have the videotape. you decide. >> when i was seeking the nomination i said take a seat everybody. there wasn't a single chair in the place. biden is stupid. where is doug? congressman? he is around here somewhere. >> i have been saying this during the last campaign. doug knows this. look, here's the deal. they view the world from park avenue. i few it where the wealthy in fact if everything works well for them, all is going to trickle down and help the rest of us. i come from a background wear that never works. talk about being deprived of your pride. look at your child. your child. if you don't think we have a climate crisis, come and travel with me across the country. i am not joking. go back, go back. here we are. no president added more to did that then what president? i misspoke. 25% of our country's entire debts. >> not very good. i think we all know who is doug. memory loss difficulty communicating and finding words. difficulty with handling complex tasks. those are symptoms of dementia. ask yourself, is this the person that is really capable of conducting debt sealing negotiations? is he able to act in good faith? does he fully comprehend and understand what is exactly going on? for two years you are president joey biden was able to hide behind the democratic-controlled house and senate and the media mob protected him. now for the first time in his presidency he will face legitimate oversight if and only if house republicans stick together. what can we expect from these debt sealing negotiations? here with more is larry kudlow. great to have you. the first thing that people need to understand is this problem with the debt ceiling is not imminent. we are looking at may or june before it really becomes a significant issue. kevin mccarthy rightly has been trying to negotiate with joe biden. joe biden has said know to those negotiations. the very opposite of what he said in 2011 when they came up with the deficit reduction act and sequestration followed that. the question is why won't joe now negotiate? does he think the republicans won't unite behind kevin mccarthy? does he think he is able to break the republican coalition? i can predict tonight after talking to many factions in the republican party, that will not happen. they will be together. >> sean, it is very important, biden and schumer and jeffries- they are all giving us this big lie. here is the big lie. republicans are going to cut into social security. the republicans are going to cut medicare. the republicans are going to default on the debt. it is a complete live. sean, this week in recent days, today and two days ago, i interviewed speaker kevin mccarthy. today i interviewed majority leader steve scalise. they both said emphatically they are not going after social security. they are not going after medicare. and they will make good on the government debt. what you have got here is biden with this big lie. this is what authoritarians do. this is what totalitarians do. they say something that is not true. they keep repeating it and they hope that somehow it's going to become true. mccarthy is too smart for this. skull lease is too smart for it. probably the country is too smart for it. the basic thing is that democrats will do anything, sean, not to cut spending. right now, spending and in the bloated size of government is the single biggest problem. it is the single guest obstacle to economic growth and prosperity. middle income folks are getting killed. this is craziness, this big lie. they are denying it. i have been playing it on my show. the leaders of the republican house are not going to do it. biden is just going out with this baloney and malarkey. it's like some totalitarian dictator. >> 96% debt to gdp ratio. that is almost a mathematical certainty that inflation will continue and will continue with a bad economy. i want to take you back to 2011. joe biden with comments he met on debt sealing negotiation. now he says no negotiations. how can you expect grown men and women who are not willing to budge and some of them are still unwilling to budge by taking an absolute position, my way or no way? that is not governing. you cannot govern that way. this is a cycle that i predict to you that a lot of the new members who came here with my way or the highway will either be on the highway or they will have to compromise. i am betting, and i think the democratic party is betting on the republican party in the house will not stick together. i have spoken to all of the top players that i think we'll have a key role in all of this. they have all said the same thing. they will unite around a position with about 15 different plans being tossed around. they all deal with spending. they agree. that is my prediction. what is yours? >> i basically agree. the position on biden that he will not negotiate cannot hold. republicans will stick together. by the way, they will get some democratic support in the house and even in the senate. look, to raise the debt ceiling, they are going to have to have budget cuts. otherwise, we will continue with this inflation and we will continue with what looks like a recession. today's gdp number was a lousy number when you look under the hood. go back to 2011. i like that. jon weiner toughed tufted out with barack obama and he got spending caps. he got a reduction in overall spending. he stopped tax hikes. barack obama started out arrogantly not negotiating. baynard succeeded. i think kevin mccarthy and steve scalise and the others will also succeed. i think they will get some help from the senate this time around. but the crazy point is the government is spending 20 for percent of our economy. if you go to the state's and the localities, federal, state and local 40 for percent of our economy. that is what you are getting for all of '22. the economy grew at 1%, sean. that's the worst performance since the financial meltdown in 2008 and 2009. the inflation rate for the whole year was 6.3%. that is the highest inflation in 40 years. what is the culprit here? five to $6 trillion of spending and the borrowing. and then student debt cancellations could add another 600 billion or 800 billion. you are right. there will be negotiations. the gop is not going to destroy the big entitlement programs. the gop will make good on the debt. here's the thing. they will insist on spending cuts, on new caps for future spending and they will also have the penalty and across-the-board sequester, across-the-board automatic cuts. this is coming. all the big lies from joe biden and the leading democrats will not stop it. the public wants lower spending because that is the obstacle to prosperity right now. >> larry kudlow, great to have you. tonight big news from the national archives. the bureaucrats that were tasked with safeguarding america's secrets, they really don't seem to know how many misplaced documents, classified documents could be floating around in the country. today they randomly were asking former presidents, vice presidents, please check around the house and your office for any classified material. george bush better check under his bed and every closet on his ranch. christopher wray and merrick garland and the national archives are not afraid to carry out a search warrant. at least that was the case with donald trump and any republican. joe biden meanwhile has largely enjoyed a free pass. the answer is simple. your fbi has politicized and doj has been weaponize. no early morning raids, no search warrants. just a friendly collaboration between biden's attorneys and the doj. that should concern every american. that's a dual system of justice. same with hillary clinton. the top-secret documents and biden's house were no way safe or secure or locked as biden said. joe said they were locked in the garage that we see often open. the threat is coming from inside the house, joey. according to a report from washington and the washington free beacon hunter biden had special access to material from his own father's time as vice president. present joe biden family knew more about the location of documents in his possession then the president's aids. e-mails recovered from hunter's laptop show one of bidens top aides asking hunter to locate notecards and other vice presidential material from the office in 2018. that is not all. according to senator ron johnson a 2014 e-mail from hunter biden to a business partner about ukraine appears to be sourced from classified material. oddly enough, it was written around the same exact time that hunter was attempting to get on the board of a ukrainian oil and gas giant. that eventually paid him millions for no experience. does any of this sit well with you? after everything you know about hunter biden, do you think he should be in a house, and a room, and a garage around america's top-secret classified documents? i don't think so. joe had no problem with it. tonight you have to wonder why. here is former director of national intelligence john radcliffe. we all basely have a big problem here. i want to you with the issue of a double standard. hillary clinton had top-secret classified documents in her servers. even jim comey announced in july 2016. and then he ignored the whole issue of 33,000 deleted e-mails and devices, blackberries, iphones bashed with hammers and sim cards removes. we don't know where we are on those e-mails. he said no prosecutor would ever prosecute. but then they raid mar-a-lago. joe biden has it in five places and they haven't even checked his rehobeth beach home. why didn't he get rated? why is their a double standard? >> sean, i don't know that it's a double standard so much that it's a two party justice system as you just laid out. democrats have been treated one way under the system of justice and republicans differently. hillary clinton and joe biden have been treated exactly the same with respect to donald trump, search warrants and raids against a president we were told that was by the book and following the law. but then with respect to biden and clinton we see exceptions to that. we see that people are above the law and treated differently. i think that was the intent here. what you saw and mentioned about the national archives. you saw a shift today in mentality from one of get trump to one of save biden. they never thought they would have a side-by-side comparison when they took an aggressive approach to president trump. now they know that joe biden has engaged in conduct with far more frequency and severity and the likelihood of far more grave danger to our national security than anything president trump could have done. they are trying to recalibrate and spin their way out of it. i think this is all playing out in front of the american people. >> they say that while joe biden was cooperating otherwise they would have issued a subpoena. that is christopher wray and merrick garland. they are bragging that they gave the order to raid mar-a-lago. here is what they didn't say. the fbi had unfettered access to mar-a-lago, didn't they? the fbi was in the very room where they found the classified documents. the fbi had the option to take them with them but decided not to. they called back the next day or soon thereafter and asked for a padlock to be put on. if they knew they were their and sought them because they were invited inn, why didn't they ask to come back again and go over the documents and take that which was designed for the national archives with them? >> because the intent was to treat donald trump differently under the law. we have seen this time and time again repeatedly partly because it's donald trump and partly because he's a republican. at this point i don't think the american people are surprised by that. i think it's an unfortunate development in the system that we have. i think what is playing out here is they never anticipated that they would be dealing with joe biden problem with respect to this. now they are trying to find a way out. >> john ratcliffe, great to see you. thanks for being with us. when we come back the hannity hotseat. the congenital liar adam schiff is still whining. he made an announcement about his desires for political future. we will tell you what he said. congressman matt gaetz will battle geraldo rivera in the hot seat, next, straight ahead.