it looks like biden's legal team is going to try to force the government to abide by the original and totally ludicrous deal. their statement said that hunter will continue to follow the conditions of that agreement on july 20th, 20233. that the probation office had agreed to and had recommended put into effect. if the court upholds whether a's called this pre-trial diversion agreement. i think it's unlikely, hunter would skate charge or any other tax evasion charges that stem out of that same time period. here to break this all down. other breaking news sol wisenberg former deputy independent counsel, fox news contributor and david schoen former trump impeachment lawyer. explain to us what is going on here. i think this came as a surprise to some people today that indeed the walls may be closing in and not on trump this time. it shouldn't have been a surprise because he is under, you know, there is a criminal investigation filed against hunter on the gun charge, and so speedy trial act comes into play. and after a certain amount of days the government has to indict him and so that's what the judge pointed out on august 31st. she said to the parties, hey, what's going on and today the government said we're going to indict him by september 29th. >> laura: david, four hunter's counsel to be saying no, no, no, no, no. we are abiding by this other agreement that the judge seemed blind sided by whether it was first presented to the court. how does that hold up? >> well, you know abbe lowell is one of the most experienced criminal defense lawyers in the country. you can sure he recognized what you call a sweetheart deal for exactly what it was. he will fight tooth and nail to try to enforce it. the united states supreme court case from 1971 santa bella vs. new york that allows a defendant to move for specific performance, make the plea deal happen. based on representations made by the prosecution. but it's going to be a tough way to go in this case, i think, because, remember, it fell apart because there clearly was not a meeting of the minds between the defense team and the government in that case that required one of his lawyers, mr. clark to withdrawal because is he going to be a witness. they will certainly have a battle over whether to enforce that plea agreement or not. i think abbe lowell is right to try to enforce that remember, also, the judge never had to accept it. the judge could have rejected that plea as she did and wanted to do additional consideration of it. i think that's going to be a tough battle. i'm skeptical of the whole process. i'm skeptical of anything that happens with mr. weiss now. i think that was a sham appointing him as special counsel. i think abbe lowell if push comes to shove is going to challenge that appointment. violates 600.3. special counsel. i think you will see all kinds of battles if they don't allow him to enforce the agreement. >> laura: sol, what's your take on that? my gut is it's so ridiculous that even in this court it wouldn't be accepted and they wouldn't be able to go with it. am i seeing this incorrectly? >> well, first of all, i think david meant to say he referred to the plea agreement. i think he meant the diversification agreement. both sides agree the plea agreement is off. i think there might be -- i might be a little in a different position than david on this. i think they have got a real shot at enforcing the diversion agreement. abbe lowell and the hunter biden defense team if they do that's the end of the story for the gun charges, not only that, if that broad immunity provision in the diversion agreement is valid, they are not going to be able to prosecute hunter for any tax crimes. because it clearly covers other tax offenses. >> david, think about that. we have this trail, albeit kind of difficult, sometimes, to follow. but through all these, you know, you know, shell corporations and all these accounts, that ultimately end up getting funneled back to the biden family. now, was all that income declared. we had a lot of fake email addresses used in this time period as well. was the income declared? i don't think we know the answer to that, do we? >> we do not. i don't think we scratched the surface on all that was going on in machinations with the biden family. i don't know that we ever will the other reason by the way this gun charge is a sham, they well know about the raheemy decision in the fifth circuit. that's a decision that, you know, threw out a bar gun possession based on the domestic violence problem. so, here, it's not a big reach. in fact, one might say it's less onerous to say we are not going to be able to uphold conviction for saying unlawful drug user on this application that the right to carry a firearm or possess a firearm trumps that under bruin so on and so on. i think the whole thing is for show, personally. >> laura: even cnn seems to be catching on and maybe admitting hunter's legal woes may go a little deeper. watch. >> there is a question about whether this investigation would broaden further or whether there are other potential crimes that are now back on the table. they brought up the potential, you know, foreign agent dealing so, look, hunter biden now has a host of problems that he didn't have or didn't think he had a couple weeks ago. >> laura: sol, they want this to go away. they don't want this flying around next year during the election because it taints biden. i don't care what anyone says the biden family got rich during this time period. he is in public service for 50-plus years. obviously, if the son is doing well is he very happy and looks like influence peddling to most people who have any common sense. >> here's another reason they don't want it to happen, laura, let's say that the courts hold that the diversion agreement is off and the government can prosecute, weiss can prosecute hunter for either being on drugs when he purchased the gun or lying about it. under the diversion agreement they didn't charge him with lying and buying. they could still charge him with that if they do it by october 12th. let's say they do that, what's hunter going to do? he is going to go into court and say under the bruin decision of the supreme court, this is unconstitutional. you can't charge me. laura, that's the same decision that president biden said was an affront to common sense. an affront to the constitution. >> laura: that was yesterday. >> his own son is going to be arguing a different position. it isn't going to be pretty. >> laura: yeah, so, david, they rely on precedent that president biden previously slammed. that's just kind of par for the course here. both sides do that but, in the end, i think this -- does it pass the straight face test, the smell test for most americans watching this? you guys are incredibly experienced white collar litigators. you understand how this process works for most americans watching this it's kind of confusing. they will kind of get what is going on. will this be something that ultimately as a political matter, regardless of what happens on the legal side as a political matter does damage joe biden? >> i think there is that very real possibility. depends on how long it drags on, also. i think the american people have seen enough of this if it's going to tarnish it than it already has. i think hunter is a pitiful case unfortunately. i don't know that anybody has any interest in seeing this prosecution. the question is how much of the underlying facts is going to be investigated and exposed? i don't think, again that, we have even scratched the surface. that's the real political risk, i think. >> laura: i think the left has just decided it's perfectly fine for the bidens to become multi millionaires while he is in office. they have no problem with that. meanwhile, sol, something you and i have talked about before, but it's gaining traction as you and i predicted it would. this group called citizens for responsibility and ethics in washington. i love it, called crew. filed this lawsuit to bar former president trump from the primary ballot in colorado arguing he is ineligible to run from the white house citing the 14th amendment. this is going to be replicated elsewhere. the attorney general in colorado has said she is waiting for further clarifications, ultimately going to go to the supreme court what of this now. private groups and private citizens might have a standing problem. but i think one of these state attorney general's or even under their theory a county official is going to make the decision to leave trump off the ballot. it's going to go to the supreme court i think fairly rapidly and i think they are going to rule that you cannot take former president trump off the ballot without some kind of enabling statute and a judicial finding. as i have pointed out before, there is a statute on the books, a criminal statute prohibiting insurrection or rebullion and saying that if you are guilty you can't run -- you can no longer hold office. to me, that's the application of that 14th amendment provision section 3, congress passed that almost a century ago. maybe more than a century ago. i think that's the way the court is going to come down. you can't just have an official deciding trump should be off the ballot. and a court deciding that without any kind of factual basis. >> laura: yeah. the great defenders of democracy, david, quickly. >> quite frankly justice chase said that in griffin's case in 1869. he said congress has to act. it's not self-executing. these two law professors who wrote the article in the pennsylvania law review have said otherwise. they recognize griffin's case is a problem for them. they just say it's wrongly decided they have concluded there are many, many reasons why i don't think this applies. >> laura: sol and david, thank you so much. now, up next, congress is ramping up its investigations into hunter and joe's ties. so what have they just discovered? house oversight committee chair james comer is here. all the details. you have don't want to miss it es deserves a great deal. that's why comcast business is launching the mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. comcast business, powering possibilities. loving this pay bump on our allowance. wonder where mom and dad got the extra money? maybe they won the lottery? maybe they inherited a fortune? maybe buried treasure? maybe it fell off a truck? or maybe they switched to xfinity mobile - the fastest mobile service. save hundreds a year over t-mobile, at&t and verizon. now i can buy that electric scooter. i'm starting a private equity fund that specializes in midcap. you do you. switch to xfinity mobile today. ♪ >> all right. tonight, we have brand new details on how joe i never talk business with my son biden did talk about hunter's business dealings and as vice president had his office involved. house oversight committee chairman james comer today demanding that the national archives provide unredacted emails and documents related to the vice president's office colluding with the biden family and their business associates. here's one example. december 4th, 2015. hunter's long-time business partner eric schwerin wrote to then v.p. comms director kate bedingfield a quote she could use regarding his work with burisma she responded v.p. signed off on this. and that she would provide a statement from joe's office on burisma as well. so, how could joe biden, who claims he has never spoken to his son about his business dealings, which we never believed, sign off on quotes about those dealings? even the white house press corps thought something is fishy here today. >> how do you respond to criticism that that show there's was no wall between then vice president biden's work and his family business dealings? >> i understand the question. i appreciate the question. i get the question. i'm just going to let the white house counsel team answer the question. >> i bet she is. joining me now house oversight committee chair james comer, congressman, you and i have suspected this all along, something else though happened the same day the white house received that email. what was it? >> well, the meeting. and we have had testimony and there is emails, there is more evidence of more meetings where hunter was told that they needed to call washington for help. we have had devon archer testify and say that. there's evidence that points to the burisma executives were squeezing hunter biden to call washington for help. so we know that hunter biden was communicating with the white house. this email that you just posed d was one of many and we believe there are more that the archives are sitting on where the biden -- the hunter biden legal team. the hunter biden pr people, the hunter biden shady characters who were paying him were communicating through him to his father back and forth. there was no wall between joe biden and hit his son hunter bin and his shady business dealings. >> laura: the meeting among the burisma executives happening clearly they needed a lifeline of some sort or some type of reassurance and it's your contention or supposition at this point that at that point hunter kicked in got word through shearn to the comms director, will comms staffer at the white house and then she sought to reassure saying, yes, the vice president has signed off on these quotes. that's what you are seeing so far? >> hunter biden has been in trouble for a long time. burisma was a corrupt energy company. that's why shokin, the ukrainian prosecutor was investigating for the first place. remember, shokin even seized some assets from the owners of burisma in other countries. this is a corrupt entity. the press was picking up on this. and the biden -- hunter's legal team, hunter's pr people whoever they were were communicating back and forth with joe biden who was vice president so they can be an official government position on this. an official government statement to the press corps reassuring everyone that everything was fine and, you know, everything was on the up and up. this is further coordination between hunter biden and the federal government and joe biden. and, remember, we believe there is coordination between the department of justice and the cover-up. there is two crimes here, the actual biden corruption and then the cover-up. and all along the way, there have been people coordinating, people representing hunter biden who were paying hunter biden. people who were representing him in court. people who were in trouble just like hunter biden for crimes. and they were communicating back and forth with our federal government to cover up this crime and to make sure that they could spin the false narrative. >> laura: congressman, how deep could this go? how many people were involved in covering this up so it wouldn't come out, wouldn't come out during the obama administration and toward the end of it, certainly wouldn't come out when biden was running for president. how many people are we talking about, do you think? >> well, let's start at the top. we know merrick garland has come the national archives not to cooperate with us. we know that someone told the irs whistleblowers to stand down. we know that just this week there were -- there were secret service agents who were working with us on trying to identify the people who tipped off the biden legal team that the irs was fixing to knock on the door. and our sources at the secret service say that mayorkas called them to tell them to stop cooperating with comer and the oversight committee. so mayorkas and merrick garland are part of the cover-up. these are the two arguably highest ranking people in the biden administration. >> laura: congressman, about that fateful day we were discussing when that communication between hunter's partner shear shearn. didn't the vice president travel sore. >> he traveled to ukraine right after that. we have been putting together the timeline. we have been able to get all the wire transfers. we have got the correspondence. we have got sworn testimony, now we are putting the timeline, traveling where joe biden traveled. and there's a pattern here, laura. he did this in romaine i can't. he has did this in china. he did this in ukraine. the three countries that have paid his family millions and millions of dollars that they can't account for. never, not one time has anyone from the white house or anyone from representing joe biden said exactly what this family did to receive the money. i think we're starting to figure it out. especially with ukraine. he went there to fire the prosecutor who was investigating his son for corruption. >> laura: and going for another billion dollars to ukraine yesterday through blinken. congressman, thank you so much. now, coming up, why does our military seem more determined to stop a sitting senator than the ccp? senator tommy tuberville is here to react, next. ♪ >> playing russian roulette with the very lives of our service members. >> our service members are paying attention to this and is affecting how they view the united states. >> someone born in a communist country i never manage imagined one of our own senators would be aiding and abetting communist and other autocratic regimes around the world. >> oh my goodness the pentagon gone leading the media blitz not against the communist chinese who they love but against a republican senator. p.r. guns are pointed at alabama senator tommy tuberville held firm against giving than news consent to a slew of promotions. include the service chiefs of the army, navy around marine corps have historically been confirmations without much controversy. but senator tuberville is within his right to put a hold on simple unanimous consent votes which means just mass confirmation without votes on individual nominees. is he specifically citing the pentagon's new rules that promote easier access to abortion since the dobbs decision. so, let me translate all of this for you. democrats have a lot of ways to solve this problem. one, they could do a deal with tuberville, you know, hands off on the abortion stuff. it's not within the military's mission. two, they could hold real votes, just call a vote on the big nomination. but, they don't want to do either of those things. or don't want to put vulnerable senators like manchin or tester in a tight spot. instead, they want to say that abortion is integral to the military mission. we know it isn't. they see this as an issue as a winner 2024. joining us now in tomi tuberville. you are ationd and abetting the enemy now because you actually are holding firm against what they consider to be crucial to the mission of our military. which is access to abortion. your response to this? >> well, laura, i grew up in a military family. my dad was career military died on active duty. there's no bigger fan of the military than me up here. i'm on armed services committee. i didn't think i would come up here and ever be associated with terrorism and communism as a united states senator. that's wrong. this is coming from the talking heads of the white house. these guys i know them all the secretaries. i know them. dealt with them. had them in my office. they are good guys but they are using the words coming from the white house. nobody has told them no in three years. they are not used to saying you mean we can't get our way here? they are not getting their way. and i told secretary austin this almost a year ago. if you do this, i'm going to block your generals and admirals from promoti