pence. nathan wade is stepping down from prosecuting donald trump. he's out. does the d.a., fani willis, still involved? let's get the latest from atlanta. jonathan serrie is there live. jonathan? >> hi, neil. the news came down mid afternoon, nathan wade tendering his resignation, stepping down from his role as special prosecutor in the georgia election interference case. in his letter to district attorney fani willis, wadery writes, even though the district attorney acquired an actual conflict of interest, i'm offering my resignation in the interest of democracy in dedication to the american public and move this case forward as quickly as possible. the da's office faced an unpleasant and difficult decision that if nathan wade stayed on, the judge's ordered would have required da willis and her entire office to step aside from the case. with wade's resignation, willis and the rest of the prosecution team can move forward. >> there's a real advantage in splitting the baby in this case. because he does avoid the necessity of driving the case over the cliffs. taking out the entire office. >> jonathan turley commenting on the judge's ruling, which was handed down this morning. merchants, the first attorney to file a motion for the case says that the judge clearly agreed with the defense that the actions of willis are a result of her poor judgment and that there is a risk to the future of this case if she doesn't quickly work to cure her conflict. in addition to the judge expressing concerns in his order about the personal relationship that willis and wade once had, he also expressed concerns about a speech the d.a. gave at a historic church in downtown atlanta back in january commemorating mlk sunday, in which without naming anyone, seemed to suggest that the defense attorneys and their clients in this case were coming after her and wade only because of their race. neil? >> neil: jonathan, do we expect a statement from fani willis herself? >> yeah, it's anyone's guess with wade making this announcement of stepping down, that's really the crucial announcement of what action the da's office is going to take. whether she makes any public statement is anyone's guess. in the past when there's been these high profile actions, the da's office has said that we will respond appropriately in court. that speech on mlk sunday was one of the rare exceptions where she spoke out hinting on the case while not naming names in public. >> neil: got it. thanks, jonathan. meantime, want to get some legal reaction to this. john yoo is here with us, tom dupree, both legal smarty pants. john, begin with you on your reaction to this. still no formal statement from fani willis herself. what do you make of that? >> if you read the judge's opinion, fani willis shouldn't talk at all. the last time she spoke about the case, she actually created possible grounds to have something changed either by having herself disqualified, having any kind of jury pool considered tainted because she accused the defendants of being racist. what if she says now they're racist? didn't succeed. that could make things worse. the bigger problem here is that even though this indictment wasn't dismissed, even though fani willis herself wasn't disqualified, this is a real body blow to the prosecution. already three of the charges were dismissed earlier this week. this judge said there's -- he called it an odor of mendacity that still surrounds the prosecution. you'll have a state legislative investigation now. you're going to have a new state body that can remove prosecutors looking into this. it seems to me that the best step forward for her is to step away from this case and let some other da and other office take it over. >> neil: do you see that happening, tom dupree? >> i don't see her stepping aside, neil. if anything, she's determined to dig her heels in even further and fight. like john, i was surprised by the decision in that. the judge was extremely critical of every aspect of the way that fani willis has handled this case. he criticized her bringing wade aboard and keeping up a romantic relationship with him and he criticized her for her public statements. he said that he thought she and others in her office and her friends and colleagues were possibly untruthful when they testified under oath. he said there may be future disciplinary proceedings against fani willis. so it was pa narrow victory for the prosecutors and fani willis lives to prosecute another day, it was terrible. the judge has cast a huge question over the integrity of this entire case. >> neil: let me explore that with you. judge mcafee put the defense in a position of putting him in this position saying the defendants "failed to meet their burden in proving that the district attorney, fani willis," -- when it came to anything having to do with relating to nathan wade was enough to merit her removal. so he said you made a more compelling case, i might have decided differently. >> i think that's right, neil. you can't say that fani willis and wade did nothing wrong here. what the judge said is, the defendants, donald trump and his co-defense, didn't carry the burden, didn't prove there was a real conflict of interest. in fact, the judge says, i'm not here -- i don't have the time to identify all the places where they or other witnesses may not have been telling the truth or playing games, especially with when their relationship started or who owed how much money for what. demanding the indictment being throw out entirely was an extreme remedy, he wasn't going that far that doesn't mean there's not more grounds to bring up in the trial. notice, neil, we haven't even gotten to a single real courtroom proceeding in this trial. this just opens up the door, i think, to a number of attacks that are going to be raised by donald trump and his co-defendants to the integrity of the prosecution, the decisions that they have made throughout the trial. >> neil: so by her staying, tom, isn't she a lightning rod and a focus of the criticism from the trump legal team in the first place and set the stage for on what grounds there could be many you appeal the whole thing or say drop the whole thing? >> right. that's one of the peculiar aspects of what happened today, neil. the judge made abundantly clear how he thought that this entire case had basically been shrouded in an air of impropriety. it's still hard to get your head around how you can dispel that whole air of impropriety but removing nathan wade from the equation. he did wrong things, too, from the judge's perspective. so did fani willis. she's going to remain in the case. i think she's going to continue to be a lightning rod to john's point earlier. wouldn't surprise me if she makes other public statements that draw the ire of the judge. someone might pull her aside and say you might have the right to continue this prosecution, if you think it's in the public interest for you to remain in that role. >> neil: i don't know where this case goes, gentleman. john, i wonder all the dust up in deciding her fate and what was going to happen to nathan wade has pushed this case and resuming it considerably. we know the documents case won't be dropped, but it is going to be pushed back the way things stand. so how do you characterize things right now, john? >> well, this is still win for president trump if his long-term goal is just to get all of the trials pushed beyond the november election. because if you combine this outcome today with the earlier dismissal of several of the charges this week, fani willis has a big choice to make. is she going to go back to a grand jury and get them reissued in a proper way? that will set the trial back another two or three months. if she doesn't do that, it reinforces this image in the public's mind now that this is a shoddy, sloppy prosecution surrounded by allegations of impropriety. >> neil: tom, what do you think? >> it's been a terrible 48 hours for fani willis. she's had a bunch of charges thrown out on the grounds that they were deficient and now her lead prosecutor kicked off the case and she's been called out by a judge for making statements that may have been untrue and for making improper statements in public. i think that she's got to take a hard look at how this prosecution moves forward, if it most forward and whether it can credibly move forward in the eyes of the public with her at the helm. >> neil: thanks, gentlemen, both. you might have heard the impact on the trump campaign with all of this. all of this legal piling on as the former president described it has endeared him to many republicans saying this is es -- you heard the former vice president. we now he ken langone feels about that, the home depotco founder. he said given the choice between the two men, joe biden and donald trump, he would probably write in the name of his wife. what the billionaire co-founder of home depot is saying now after this. 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[music playing] >> neil: it should come action no surprise that i will not be endorsing donald trump this year. during my presidential campaign, i made it clear there were fro found differences between me and president trump on a range of issues. and not just our difference on my constitutional duties that i exercised on january 6. >> neil: all right. i saw that a few minutes against when martha maccallum asked mike pence where he was leaning for this presidential contest. i did not expect the answer that he gave her, that he's not endorsing his former boss. i wonder what ken langone thinks of that, the home depot co-founder that had issues with donald trump. he's kind enough to join me now. ken, what did you think of the former president said, not donald trump? >> it's his opinion. that's where he stands and how he feels. i accept it as such. >> neil: is it your opinion? do you share that opinion? >> you know, last week another network showed trump a clip of interviewing me back three or four months ago where i said my concern was that if trump won that it would be four years of getting even and retribution. i'm happy to say that trump's reaction encourages me. he said retribution will come through our success. if he means that, that's the right answer. in other words, he's going to do things that have to be done that will benefit the american people and he's willing to measured by that. so if he meant what he said, i'm encouraged that he -- won't do what i'm worried he might do. i don't know how to respond, neil, to his behavior. i can't. i can only use words that would be pejoratives. i don't choose to do that. look, america is where it is. i will say this to you. what do we have? 340 million people in this great country? these are the best two we can come up with? that's a question. the other thing, neil, ask yourself the question, the people that control the republican party have to ask themselves the question, how is trump able to hijack the party? that's a big question. i felt for years that our political class really was not connected to the american people. i think what is happening now is a reflection of that. >> neil: it sounds like, ken -- i understand what you're saying -- all that not withstands, you're going to support donald trump, take him at his word that success will be his revenge and you hope to -- >> i didn't say that -- as of right now, my vote stands the way it is. my dearly beloved wife, elaine. >> neil: you'll write her in. >> i'm a resident of new york. my vote won't count. i'm a republican. i -- i can guarantee you, i will not vote for joe biden. that i can guarantee you. he's probably the worst president we ever had. this latest stunt by schumer is a disgrace. an absolute disgrace. what the hell are they thinking about? >> neil: you're talking about chuck schumer that is advising elections in israel. >> israel is one of our strongest allies. thank god israel is there. if they weren't there, we'd have to be there. the israelis are providing a valuable service to the american people by being there. let's not forget the horrors, absolute horrors of october 7th. do you realize what those people poor were subjected to? anyway -- >> neil: all right. i wanted to just be clear, ken. super clear. last time on, you said you were going to write in your wife's name because you didn't like the two choices. sounds like you're still inclined to write her name in, but it sounds like could donald trump win you over as he has many of the party has rallied around him minus mike pence, john thune in the senate, mitch mcconnell and many others. they're all rallying around the nominee. how do you feel about that? >> look, i certainly couldn't vote for biden. as i said, for a million different reasons. for a million different reasons. this guy should not be president of the united states. in my opinion. unfortunately -- i should say fortunately trump did a lot of good things in his first term. the tragedy is if he could have control his mouth and if he could have been more gracious in dealing with people, might be a totally different situation. for example, the night he won big in new hampshire, here was an opportunity to say hey, i want you all to know something. if i win, i'm going to do everything i can to bring the country together. i'm going to do everything i can for all of us to respect our differences but also respect each other as americans. our motives are driven by what is best for america? what does he do? he gets out and mocks her dress. there's a good example of him having a great opportunity to seize the moment and he does exactly the opposite. he's nuts. >> neil: would you ever go for a third-party candidate? a robert f. kennedy jr. or any one of the names being bandyed about? >> our best chance for a third party was ross perot. he would have been a great president. more importantly, he had a viral effort. unfortunately it didn't happen. i do believe it influenced the outcome. i believe robert kennedy -- first of all, i don't understand what the guy stands for. i know he's got -- the environment and stuff like that. you can only flog the environment so long. you know, neil, here's where my head is right now. all of those people coming across the border in to the united states, ten million people. think of it. virtually every one of them left a country where socialism prevailed. not one exception. none of the democracies had people in the lines waiting to come in to america. breaking the law to get in to america. venezuela, cuba, haiti. go right down the list. socialism does not work. if you think it does, you're kidding yourself. it does not work. it's been proven not to work over many centuries. >> neil: many are coming through from mexico and columbia as well. democracies last time i checked. that is a big issue to you. you mentioned that many times. is it your sense that one party or the other is better at addressing it? >> i think this latest pitch by the senator from new hampshire, bernie sanders, about a 32-hour work week, i'll give you the math. a 32-hour work week raises labor costs directly 20%. why? because the eight hours are not working you have to hire somebody else to come up with those eight hours. you're not going squeeze 40 hours in to 32 hours. it's slave labor if you do that. the only way to work it is to go out and break in eight new hours of labor. who always pays for it? the consumer. who gets punished in inflationary periods like right now? the little guy. food costs are about 15% in the last two years. who is getting hit? the person making $75,000 a year or less. these are the people that get punished. inflation is the most regressive tax of all. people don't seem to understand, this 32-hour work week, the costs have to be passed on or the businesses that absorb those costs will no longer be attractive for investment. they won't -- we don't have a magic machine here that says okay, 32 hours, eight hours less labor. i'll crank this up and get my profits that way. doesn't work, neil. at home depot -- >> neil: i'm sorry. i do want to explore this work week thing. i want to talk about -- >> i love you. you know that. >> neil: i want to talk about the tik tok thing and all that. a lot more to get in to. ken langone, the former head, the guy that created home depot. we'll have more after this. isolated...depressed... and embarrassed. that's how it felt to live with bladder and bowel incontinence. but that changed when my urologist told me about axonics therapy. a long-lasting solution that has really changed my life. this is not another drug, and it works. visit findrealrelief.com to arrange an appointment with an expert physician to determine if axonics therapy is right for you. results and experiences may vary. stop suffering in silence. ♪(sung) limu emu and doug.♪ hello, ghostbusters. it's doug... ...of doug and limu. we help people customize and save hundreds on car insurance with liberty mutual. anyway, we got a bit of a situation here. uh-huh. uh-huh. mm-hmm. sure, i can hold. only pay for what you need. ♪(sung) liberty. liberty. liberty. liberty.♪ ghostbusters: frozen empire. in theaters march 22. 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(♪) all on one track. to prove these three-row suvs were built for the unstoppable. kia. movement that inspires. >> neil: no world on chuck schumer and banning tik tok in the united states. more from ken langone after this. verzenio reduces the risk of recurrence of hr-positive, her2-negative, node-positive, early breast cancer with a high chance of returning as determined by your doctor when added to hormone therapy. diarrhea is common, may be severe, or cause dehydration or infection. at the first sign, call your doctor, start an anti-diarrheal , and drink fluids. before taking verzenio, tell your doctor about any fever, chills, or other signs of infection. verzenio may cause low white blood cell counts, which may cause serious infection that can lead to death. life-threatening lung inflammation can occur. tell your doctor about any new or worsening trouble breathing, cough, or chest pain. serious liver problems can happen. symptoms include fatigue, appetite loss, stomach pain, and bleeding or bruising. blood clots that can lead to death have occurred. tell your doctor if you have pain or swelling in your arms or legs, shortness of breath, chest pain, and rapid breathing or heart rate, or if you are nursing, pregnant, or plan to be. i'm making my own way forward. talk to your doctor about reducing your risk. >> neil: all right. what happens now? the house overwhelmingly voted to really stick it to tik tok right now and said if the chinese company owns it that doesn't get rid of it or divest it, congress will. that's not all of congress. the senate is yet to act on that. ken langone on what is at stake here. what do you think? should tik tok be banned in the united states? >> i'm not an authority on this kind of technology. however, if they're able to get in to our databases through this mechanism, then we have to do something about it, neil. you know, first of all, i don't use any of these social networks, programs or whatever you call them. i think we have to worry about the implications of all of this data because apparently it can work its way in to one thing and keep going in to other things. can it create a lot of mischief. it's bad enough that we have them in america. we control them. they're here. if it's a foreign entity, i think it's a serious issue. so i do believe that a lot of work has to be done to make sure that our national security is not at risk. i don't know in the work has ben done. but companies like pallen tier, they're more of a risk than this is. it scares me what they have done and what they have done. these social networks to me are dangerous for many other reasons beyond what tik tok can do. people working with each other to commit suicide, for instance. this is scary stuff. and i think we have to look long and hard at what technology is doing to us as a society. >> neil: you think government should do that? many conservatives and business titans that are not keen on what's going on there but i don't like the government policing this. you say? >> i don't either, neil. that's the only mechanism we have right now to look at it. >> neil: got it. >> there's no capitalistic mode looking at another company saying they're bad or they're good. that's what government should be doing. government should be thinking ant things to protect our well-being. it would seem to me that if tik tok represents a real risk to society, they have to step in. they have to know what's going on. >> neil: joe biden in his state of the union wants to raise taxes on rich guys like you and raise it on successful companies. the same week we hear from bernie sanders wanting the billionaires to pay their fair share so that they can support these programs. 32-hour work week and all of that. do you think you're a target and you think rich guys like you should be a target? >> we're always a target, neil. you know what do they say? willie sutton said rob banks. that's where the money is. you'll never get money from people struggling -- look, i'm all for paying more taxes. i have no trouble paying more taxes. i've been blessed. this great country has given me an enormous opportunity and a chance to live a life i never thought problem. the problem i have is the momo money -- $15 million about a new bug in the bill. this is nuts. one thing i should not get is social security. i've said this many times in public. neither my wife for i -- we won big. we won huge. what the hell and i getting $5,500 a month from the federal government? this is a disgrace. >> neil: pay more taxes. guys like you pay more taxes. you can afford to and do it. that's what they say. >> neil, i have no trouble paying taxes. the problem is what they do with the tax money that they get. pardon me, but they piss it away. >> sandra: if you told me that they're going to raise my taxes and they were going to take the proceeds and pay down the national debt, give it to me, baby. i'll take that every time. it's in my interest for this country to be strong. i'll do better where our country is strong. no doubt about it. but don't take the money to spend in a way that don't benefit society. you realize we just pumped $6 trillion in this economy in the last three or four years? more than $6 trillion. where did it go? we got inflation. why? because the dollars that came in weren't matched by productivity on the other side. so there's more dollars chasing relatively fewer goods. prices have to go up. >> neil: that's when happens. >> hurts the little guy. >> neil: i asked you this before. i like to get updated. you and bernie marcus, you started this home depot from nothing in the middle of a recession if you think about it, the 70s. do you think in this environment you could recreate that if you were doing it today? >> no. >> neil: why not? >> a lot of reasons. one of the things we believed in, we believed in as a company to this day, we want our associates to be owners of the company. the different equity programs that we created like stock options aren't practical today. we wouldn't have made money. you have to expense options. that's gone. we couldn't afford to give all of these kids -- neil, what we don't get enough credit for. we have 3,000 kids that started out pushing cards in the lot. 18 years old. 3,000 of them. today they're multimillionaires. they're the guys that bernie sanders wants to go after. these are the kids that are the backbone of this great nation. it's sad. it's sad. what the hell does -- bernie sanders is worth $18 to $20 billion. his wife broke a university -- this is hypocrisy. but back to the point, neil. we could not have created another home depot today. largely because of the way we wanted to take care of our people. that's the most important thing we do. focus on taking care of its people. from that emanates everything else. good service in the stores, in stock -- all the things that people look to us for wouldn't have happened if we didn't have the quality of people we have. by the way, neil, 500,000 associates today. walmart, couple million people. look -- there's another good example. look at all the good that walmart does to fight inflation. inflation. warren buffet said one time that he thinks walmart -- remember, i was there when he spoke. he measured that inflation would be 1% highfer walmart didn't exist. that's a big number. >> neil: it is a big number. >> why? they're all thinking about what is good for our customer. how do we get the best deal for our customer? home depot the same way. we couldn't today. it's sad. by the way, 500,000 direct home depot. how many about the millions that work in the fact torres that provide us the goods and services we sell? >> neil: very interesting. ken, i could take to you forever, my friend. you were terrific. whether people agree or disagree, you speak your mind. you don't give me any problems. be well. >> thanks for having me. i look forward to seeing you soon. have a nice weekend. >> neil: good luck coming out of your shell. it's working. >> i'm working on it like hell. take care. >> neil: the starter with bernie marcus and others creating home depot out of nothing. i don't think he could repeat now. we're getting -- we're wrapping up, this letter that nathan wade had sent to fani willis here indicating that he is stepping down. he says i am sure the case and the team will be in good hands moving forward and justice will be served. you, the team, on this case and the entire office have my prayers for your safety and your success. he's out of there and fani willis is still on. the case goes on. stay with us. you're watching "your world." 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