1980s? >> franklin piers? >> ron? >> swanson. >> jesse: president swanson one of the greatest. >> dana: in that list of popular presidents. latest perino on politics podcast taped today with noah roth. good one, fun one, quick one. check it out. >> judge jeanine: teddy doing a sprite dance. those of you wondering this is me in the office sipping dr. pepper going on air. that's not me. what are you oi-why are they telling me -- this is purr us. have a great night. sorry about that, jessica. okay. bye. >> trace: good evening and welcome to los angeles. i'm trace gallagher in for bret baier. president biden is facing

serious dissent from within his own party. michigan democratic congresswoman rashida tlaib is urging her supporters to vote uncommitted in their upcoming primary instead of checking the box for the president. correspondent mark meredith tells us why tonight from the white house. mark, good evening. >> mark: trace, good evening to you. one of the most liberal lawmakers in the house say it's now time for the party to pick a new standard-bearer. with primary season already underway, it's unclear if the calls for change are coming too little too late. >> president biden returned to washington with fresh criticism for house republicans refusing to support a sweeping foreign aid package. >> the way they are walking away from the threat of russia. the way they are walking away from nato. the way they are walking away from meeting our obligations, it's shocking. >> but it's biden facing outrage from members of his own party. progressive michigan congresswoman rashida tlaib a palestinian american furious over biden's continued support for israel wants democrats to protest mode in next week's

democratic primary. >> right now we feel completely neglected and just unseen by our government. if you want us to be louder, then come here and vote uncommitted. >> tlaib's calls for change spotlighting the bitter race underway in michigan. in 2020 biden won the state by less than 3 points. now fox news polling shows president trump leading in a rematch. trump beating biden by two points but within the margin of error. tells fox far from over. >> nobody better than joe biden. of the campaign needs to let him get out there and be who he is and i also and sick and tired of everybody talking about his age. >> the president, who is 81, insists his age should excite, not scare voters. >> i'm the most qualified person in this country to be president of the united states and finish the job i started. >> but it appears the white house wants to reassure the public. >> mr. speaker, the president of the united states. >> axios reports white house aides plan to use next month's state of the union address as a

re-set to show americans biden can handle four more years as commander-in-chief. but the president's age is still a political problem. the publisher of the "new york times" had an interview with an outlet in which he says he is getting complaints from the white house that they are, quote: extremely upset about the constant coverage over this age issue. we will see if the president himself weighs in tomorrow, trace. he is heading out your way to california for political fundraisers, trace? >> trace: mark meredith live from the white house. mark, thank you. ♪ >> trace: the iranian backed houthi rebels attacked a british owned ship on sunday forcing the crew to evacuate. let's get more information from the chief national security correspondent life from the pentagon. jennifer, good evening. >> hi, trace. the situation in the red sea escalating since friday when the state department decision to put the iranian-backed houthis back on the u.s. designated terror list came into effect. on sunday, the houthis launched two ballistic missiles at the belize flagged lebanese operated

nv ruby march bolt carrier traveling from the uae to bulgaria. one of the houthi missiles successfully hit the u.k. owned ship which is now at risk of sinking according to a houthi spokesperson. the crew of the mv ruby mar was forced to evacuate the ship. the houthis also claimed to have shot down mqs reaper 9, $30 million weapon off the coast of yemen on monday. this would be the you are third drone shot down by iranian proxies. on november 8th, the houthis shot down reaper surveillance drone over the red sea and on january 18th mq 9 reaper was downed in iraq by another iranian proxy. a u.s. defense official told fox, quote: we can confirm that a u.s. air force mq 9 crashed off the coast of yes, ma'am mental and are investigating the cause the u.s. military had some success this week in destroying two houthi unmanned sea drones.

one under water. another on the surface. a senior u.s. defense official tells us they are concerned the u.s. public has gotten lulled into complacency, thinking it is easy for the navy to keep defending its ships. if one missile gets through. and hits -- excuse me. if one missile gets through and hits a u.s. warship, the escalation that will follow is very serious and should give people pause, the source told fox, adding this is high risk right now in the red sea and we just learned, trace, the british maritime security firm am bray says a marshall island flagged bulk carrier ship hit by a drone 60 nautical miles north of djibouti near the strait. trace? >> trace: jennifer griffin live for us from the pentagon. thank you. ♪ ♪ >> trace: new video tonight illustrating the latest frontline in the southern border crisis. hundreds of chinese nationals seen crossing the border from

mexico into southern california. and they are not the only ones. correspondent bill melugin is in jacumba, california right now, bill, good evening. >> trace, good evening to you. we are now in year number 4 of this border crisis. and as the state of texas locks down its own border here in the state of california, we are seeing a huge surge of illegal crossings down here at the california border. in just a few hours ago, we witnessed however these migrants are willing to go and what they are willing to risk to get here. >> a stunning site in jacumba, california monday afternoon as a long line of migrants from all around the world scale the steep rocky mountain and crosses illegally into the united states. this remote area, an hour east of san diego, now a cartel smuggling hot spot for global clients. >> where are you guys from. >> kazakhstan. >> kazakhstan? >> kazakhstan. >> kyrgyzstan. last night groups of the migrants camped out along

interstate 8 after crossing illegally setting fires to stay warm. there were no border patrol agents in sight. >> where are you guys from. >> turkey. >> turkey? >> yes. >> china. >> china. >> what city in the u.s. do you want to go. >> to los angeles. >> los angeles? l.a.? >> los angeles. okay. >> over the weekend, hundreds of chinese nationals crossed illegally into jacumba and the number of chinese arriving is exploding. cbp sources tell fox in the four and a half months since october 1st. more than 20,000 chinese nationals have been encountered at the southern border. that's up more than 4,000 percent over all of fiscal year 2021 when only 450 chinese were encountered. fox's griff jenkins also encountered a group of american from syria yesterday. >> where are you from. >> syria. >> why are you coming to the u.s.? >> because we love america. >> of course these countries that are enemies to us that want to see our government fall, of course they are going to be sending people when they know

all they we are going to do is release them into the country. >> trace, as you are well aware, the politics of the california border very different than those of the politics in texas here in california you are not going to see any razor wire no. shipping containers, no state troopers no. national guard. california is a sanctuary state. it's not trying to stop any of this. and earlier this year it became the first state in the country to start offering taxpayer funded health insurance to illegal immigrants. we'll send it back to you. >> trace: bill melugin down in jacumba. pressure on the white house's attorney general over whether to permit the release of the transcript of the interview between president biden and special counsel robert hur. the session has raised serious questions about the president's cognitive ability and his mishandling of classified documents. correspondent david spunt is in washington tonight. david, good evening. >> hi, trace a showdown between the justice department and the white house with both legal and political consequences, the doj

met today's deadline to refly congress about the transcript of the interview between special counsel robert hur and the president of the united states. as far as the justice department is concerned, the document may be released but before that happens, several hurdles have to be cleared. must first be reviewed by intelligence agencies to make sure there is nothing classified. once any classified information is potentially redacted, the white house would be able to subjectively invoke executive privilege over is specific passages if warranted. if that happens, that would slow down the process for doj turning the transcript over to capitol hill. and there's not much, trace, that doj can do to stop executive privilege concerns. also this week, another big step in the investigation to impeach the president. james biden, on screen right, the president's younger brother will be on capitol hill on wednesday to answer questions behind closed doors about business deals and if they relate directly to the president. now, james biden once helped promote a hospital chain using

his brother's name. it collapsed and faced fraud allegations according to a politico investigation published over the weekend. house republicans including the man leading the impeachment probe, james comer, have always said that joe biden is the brand. the brand other family members used to make money. the president himself last week called for the impeachment probe to end, exactly one week after the president's brother testified his son hunter biden will sit down for anticipated session and answer questions from republicans and democrats about his business dealings and ties to the family, including the president, his father. trace? >> trace: david spunt live for us in d.c. david, thank you. well, stocks were closed today in observation of presidents' day. up next, we talk to benjamin hall about the alexei navalny death and president biden's earlier warning to vladimir putin. first, here's what some of our fox affiliates around the country are covering tonight. fox 59 in indianapolis as police investigate the death of one

person during a shooting at a waffle house early this morning. five other people injured. police say two groups of people got into an altercation inside and outside the restaurant before the shooting took place. fox 11 in los angeles, as the first of two waves of yet another powerful atmospheric river soaking california bringing periods of heavy rain, snow, a slight chance of thunderstorms, and the threat, of land slides. although this system is not expected to pack the very same punch as the area's recent setting downpours. flood fears remain heightened because of the region's soaked terrain. and a live look inside daytona international speedway at daytona beach from fox sports. the big story there tonight from fox 35, the daytona 500 is underway in florida. the race was postponed by rain on sunday. it is the start of the nascar season. and that is tonight's live look outside the beltway from "special report." we'll be right back.

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failed to say how he will back up earlier promise that such an event would bring devastating consequences for russia. with us now correspondent benjamin hall is in london tonight. benjamin, it's great to see you. i want to play sound from alexei navalny's wife she will continue the fight. >> by killing alexei he killed half of me, half of my heart and half of my soul. but i still have the other half and it tells me that i have no rights to give up. >> trace: in your estimation, benjamin, from what you know and what you have seen, do you believe this issue will fade quickly in russia. >> yeah, it's very sad, trace. as she says, she has no reason to give up. and she won't. but, inside russia, there is a real crackdown happening at the moment. the police are arresting anyone who lays flowers to commemorate navalny. if you even write a poem against

the regime against putin you are arrested immediately. there is a crackdown happening inside russia just one month before the election. the voice of opposition has totally gone. and navalny stood as that one figure that, one person who people thought might lead the way towards democracy inside russia. and with his death, despite all the support he has, it does seem unlikely that there is going to be another push, another opposition riding up at the moment. >> trace: it's interesting. we talked in the intro about the consequences that president biden had talked about for the death of navalny in previous statements. a reporter was asking biden if house republicans bear some responsibility for navalny's death and this was the back and forth. >> mr. president, would you go as far as to say about alexei navalny's death is on the hands of house republicans at this time. >> they are making a big mistake not responding. look, the way they walking away from the threat of russia. the way they are walking away

from nato. the way they are walking away from leading the opposition, is shocking. >> trace: what do you think of the u.s. response to this so far, benjamin? >> you know, yes, it was interesting. 2021 we saw president biden meet putin in geneva he said afterwards he looked putin in the eyes and he said if anything happens to navalny in prison it will be devastating for russia. what we have seen, we have seen just that happen. we have siena value any die. still unclear how he died. his wife said it was not a shock. the same poison that he was poisoned with in 2021. and whether or not there is any response at the u.s. or the west can do at the moment, which will affect russia is unclear. russia is so heavily sanctioned because of the war in ukraine. putting more sanctions on isn't going to do much. there is some talk, bipartisan talk that perhaps you can make russia a state sponsor of terrorism. but, again, that is more of a

moral move rather than an actual move that will hurt russia. so, it remains to be seen what can be done to hold russia to account for this and the answer is not very much. they are not only going after the opposition though. navalny's family has spoken out as well and said they are unable to get the body of navalny back. the russian government saying it will be 14 days until his body will be released and, again, that points again to the chemical used in 2021. another clear message to the west that putin is not afraid of anythinged that the west or america can really do to him right now. >> trace: i want to move across the border to ukraine if i can, benjamin. >> the ukrainian president zelenskyy gave this assessment today after visiting the frontline, if we can put this up, quoting here: there is now an extremely difficult situation in several parts of the frontline, precisely russian troops have concentrated maximum reserves.

we are taking advantage of delays and aid to ukraine. this is a very sensitive matter. artillery shortages the need for frontline air defense and longer range weapons. i mean, we are kind of where push comes to shove. it appears that ukraine needs more resources. what are your thoughts on this? >> not just that. russia are pushing in five different places right now. they just took over the city of be a dick can a in the last couple of days. they now have 40,000 troops moving into mariupol. 110,000 troops for the south. there is some concern that russia is beginning a counteroffensive to try and push back the ukrainians to where they were before. ukrainian counteroffensive that took place last year when they took over areas. right now russia knows that ukraine lacks ammunition. there's none coming at the moment. and this could be an opportunity, even though the weather is terrible for an offensive at the moment, this is an opportunity, perhaps, for rickenbacker to push on and they need -- putin needs positive news ahead of the election. some victories now helps him domestically as much as it helps him in ukraine.

he knows unless the support and weapons combings from the west. the russians have the upper hand the year ago ukrainians thought they might push him out of the country. today those tables really seemed to have turned right now. >> trace: benjamin hall, great analysis as always. live from london. benjamin, thank you. up next nikki haley desperately tries to make headway ahead of the presidential primary in her home state. first beyond our borders tonight. the palestinian foreign minister accuses israel of apartheid. the international court of justifiable it should declare israel's occupation of lands sought for palestinian state illegal. israel's representatives were not scheduled to speak. they submitted a 5-page letter to the court last july that was published after today's hearing. an american man admits to charges of murder and rape after he is accused of pushing two u.s. women down a ravine last year in germany killing one of them. the 31-year-old defendant admitted to the charges during the start of his trial.

his name has not been released in line with german privacy rules. he faces life in prison. and visitors to the eiffel tower are turned away because of a strike over poor financial management. at one of the world's most visited sites. strikers are seeking a salary increase in proportion to the incoming revenue from ticket sales. they also want improved maintenance of the monument. just some of the other stories beyond our borders tonight. and we'll be right back ♪ bonjour paris ♪ nd after”. then, there's the 'after the after' — that boost you get when you look and feel your best. and that's why more men choose just for men®.

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>> trace: two police officers and a firefighter from suburban, minneapolis are dead tonight. they were killed responding to a domestic call in burnsville on sunday morning. authorities say an armed man was barricaded with his family members, including seven children ages 2 to 15 years old. the suspect was killed,

apparently during a fire fight. police have a suspect in custody tonight in connection with to the shooting inside a dorm at the university of colorado at colorado springs friday. two people were killed. police say they believe it was an isolated incident between people who were known to each other and not a random attack. ♪ ♪ we are now less than a week from the next stop on the republican primary calendar and it is a crucial one for nikki haley. the former south carolina governor will try to hold on to her state as she faces an up hill battle against former president trump. correspondent alexandria hoff is in grier, alexandria, tonight. >> get everybody out to vote. >> nikki haley's uphill battle is no less steep in her home state. >> it's a great day in south carolina. [cheers] >> former governor is hoping for at least a competitive showing in saturday's republican primary. the latest citadel poll out of south carolina shows haley 33

percentage points behind former president trump. that's despite receiving nearly $10 million more in political ad support according to tracking firm ad impact. >> when your enemy thinks you are weak, your leader must be strong. >> haley has been highly critical of trump's take on foreign policy as well as his ability to beat president biden in the general election, given his calendar of court dates. haley sat down for town hall last night with fox news' john roberts. >> chaos just follows him everywhere he goes. and some of this has been very politically motivated. we see that for what it is. some of it has not been fair. some he is going to have to defend himself. >> at a rally in michigan saturday, trump's focus was largely on condemning the legal cases against him. only briefly mentioning south carolina and haley. >> get out and vote. you watch south carolina ohio we are doing there. we are doing great. nikki haley, have you ever heard of her? you don't hear her name too much anymore. >> trump is set to arrive in the state tomorrow. he has slammed south carolina's open primary system, which allows democrats to participate

so long as they did not cast a ballot in the democratic primary held earlier this month. this afternoon the south carolina g.o.p. released a statement discouraging democrats from taking part. nikki haley has indicated that she welcomes all voters and says that her battle for the nomination is not going to end on saturday. trace? >> john: alexandria hoff lye forever us in south carolina. thank you. please join laura ingraham tomorrow at 7:00 p.m. eastern town hall with former president trump we will have it for you live from greenville, south carolina. well, wisconsin democratic governor tony evers has signed new legislative district maps into law. republicans who control the state legislature passed the new rules to avoid having the liberal state supreme court draw the lines. democrats are hailing the signing as a major political victory in the swing state where the legislature has been firmly under republican control for more than a decade. even as democrats have won 14 of

the past 17 statewide elections. while there is increasing trouble tonight in the u.s. house of representatives, the body is stymied from even debating legislation drafted by its own party leadership. the inaction and frustration are nearing historic levels. here is the senior congressional correspondent chad pergram. >> watch out. republicans burning down their own house. >> things have not been functioning well at all and that needs to change. >> chaos in an institution which mastered dysfunction. >> we can't get anything done. >> exasperation. >> my republican friends are barely hanging on to this majority by their fingernails. >> republicans blocking their own bills from the floor six times in the past eight months. that happened just twice in the previous 23 years. >> we only had a two vote margin at the end. some people out on a limb on things that aren't that important. >> house republicans also down a

two-vote majority after losing the new york special election. >> how do you handle a more narrow majority in the house now? >> just as we do every day. we just do a lot of member discussion. >> republicans taking aim at novice speaker mike johnson. some regretting the ouster of former speaker kevin mccarthy. especially mccarthy allies. >> whatever the cards were for mccarthy are the same cards that are being dealt to speaker johnson. all it did was take a crowbar to it and made it worse. >> republicans criticizing johnson for indecision and late play calls. >> they got to start thinking strategically over the long term. not just what is in front of us. >> five committee chairs retiring, including homeland committee chairman mark green. >> thanks, guys. >> he just led the impeachment of homeland secretary alejandro mayorkas. >> my point being you go out to win. i have accomplished what i wanted to do. >> a monmouth poll found only 17% of surveyed approve of

congress. no everyone believes political paralysis is bad. >> let me just tell you something about the people i represent. they don't want this body to keep passing more laws and spending more money for the sake of it. >> two government funding deadlines loom in march conservatives are fighting fire with fire. not only burning down the house but perhaps shutting down the government, too. trace? >> trace: chad, thank you. up next on this presidents' day. a look how election preferences and demographics shape the race for the white house. later, will the biden administration allow the release of the interview transcript between president biden and special counsel robert hur. the panel is coming up. ♪ lord, you know what's on our hearts. you know where we struggle. you know where we need to be pushed. help us give it all to you. the good, the bad. help us turn to you in everything.

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>> trace: presidents' day for those serving as commander-in-chief. never easy roads to the white house. my colleague brett baier takes a look how election preferences and demographics shape how candace campaign over the years. >> bret: thanks, trace. an early look at our 2024 presidential power rankings predicts georgia and arizona will be among the closest contests. those states were once thought to be republican strongholds. the same is happening on the democratic side with pennsylvania and wisconsin. those have shifted from solid

blue to definite swing state territory. tonight, we take a look at how the election map has changed over the years. >> so pennsylvania is one of the most important battleground states in the nation. >> we're doing a heck of a lot. in the state of nevada. >> i win wisconsin by 15 points. >> bret: since news coverage of elections began, efforts to accurately predict the outcome have only gotten more intense. >> as we look at the map for the presidential contest, the closest battle grounds as you see them right now, this group of states? >> i believe so. i mean, these were the closest last time around. >> bret: if we go back 24 years, florida, north carolina, virginia, ohio. and six elections. >> keep your eye on virginia. keep your eye on indiana. >> iowa is a state also won by al gore four years ago though narrowly. >> bret: our election map looked vastly different. >> oregon we don't know that might be a bush state.

florida is still the whole game. and that's what we're waiting for. >> bret: on election night 2,000, fox news and other networks first called florida for vice president al gore. >> florida, the state of florida is back in play. >> bret: the state later went to texas governor george w. bush by a very narrow margin. >> florida used to be, florida, florida, florida. it's what 2,000 came down to. >> bret: i spent 40 days and 40 nights in tallahassee. >> yeah. >> bret: could be 10 days before we know who will be living in the white house the next four years. the legal count and battle would take more than a month. results eventually showed bush with 537-vote lead over gore. >> i'm thankful for america and thankful that we were able to resolve our electoral differences in a peaceful way. >> since 2,000, florida's population has changed with increase in republican leaning retirees and hispanics who fled socialism. >> i think there is a

misconception out there just popular culture that there is this monolithic hispanic community when i see cuba american vote. cuban americans in south florida have hislly be very reliable republican voters. >> to me, does biden even play there? it's just very hard to imagine that being very competitive when you look at just the trends. >> bret: in 2008 florida turned blue in a close race between arizona senator john mccain and illinois senator barack obama. florida wasn't the only state to swing left. >> he has carried the state of colorado, the state mcable obviously would have liked to have. >> colorado, yes. >> bret: red and then went blue. >> colorado to me what possibly maybe in arizona could be a couple of years if we see sort of the same trends. >> bret: since then, colorado has experienced significant population increase especially in and around denver grown by 20% in the last 10 years. >> colorado is a great example of how, you know, the

demographics change. i think obama kind of hope and change sentiment really contributed to that, giving young people this hope that the country could be, you know, better, different place. >> bret: arizona has a similar story. >> bret: arizona, this is a bush state, expected to win. >> bret: mitt romney will win the state of arizona handily. arizona is still out here but republican-leaning state. why is arizona blue? did we just call it? >> bret: the once solid red state now holds the most pop flighted county and suburb in the united states. >> interesting a lot of suburban voters have voted republican in the past because they were thinking about pocketbook issues. beginning in 2016 a lot of those voters, especially educated women voters have moved away from the republican party and moved away from the maga movement. a lot of them are thinking of abortion rights. >> bret: georgia is experiencing some of the same trends.

republicans won the state for years. >> georgia, georgia, georgia. it is becoming a central focus. >> bret: thanks to a thriving job market, young voters are making the atlanta metro area more diverse and more democrat. >> the digital side of it has really changed the way people campaign. i think that in places like georgia, i think the hyper focus targeting young people in particular has kind of changed that whole dynamic. >> bret: in pennsylvania and wink, it is not population changes that are driving the change in presidential preference. in those states, it is often the party's policies. >> the coalitions of people that make up the political parties change. you still have that large degree of working class voters. and i think the key for the democrats and for joe biden is, number one, to show up. >> bret: political landscape could change again in the years ahead. our fox news power rankings predict a close race in minnesota driven by a white working class vote that is not

as reliably democratic as it used to be. and on the other side, democrats are slowly closing the gap on republicans in texas. that's driven by demographics with hispanics and young voters contributing to that shift. we'll send it back to you. >> trace: bret, thank you. up next, the issue of what to do with the transcript of the interview between the president and the special counsel. the panel has some thoughts on that. and, later, remembering the battle of iwo jima. ♪(fis e other money managers, but we're different. (other money manager) how so? (fisher investments) we're a fiduciary, obligated to act in our client'' best interest. (fisher investments) so we don't sell any commission-based products. (other money manager) then how do you make money? (fisher investments) we have a simple management fee, structured so we do better when our clients do better. (other money manager) your clients really come first then, huh? (fisher investments) yes. we make them a top priority, by getting to know their finances, family, health, lifestyle and more. (other money manager) wow, maybe we are different. (fisher investments) at fisher investments, we're clearly different.

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>> a special counsel is put in place to produce a report for congress. the other big question is is there a transcript. is there a video? >> i do have concerns about the republicans calling for the release of these transcripts because i think it could press dent targets and witness. >> should the white house be happy that he is not going to be charged? or should they be upset that they revealed his deficiencies. >> there is nobody better than joe biden. and i also am sick and tired of everybody talking about his age. >> trace: i think they are going to keep talking about it. let's bring in our panel fox news analyst brit hume, susan page, washington bureau chief. and trey gowdy former congressman from south carolina. thank you for coming on. we very much appreciate it. brit to you, first. the whole concept of releasing this transcript? should it be released? do you think it should be

withheld? what are h your thoughts? >> brit: well, i'm not going to comment on whether it should or should not, trace. but i think the reason why the administration is resistant to it, yes, there is some classified material concerns and that has to be dealt with and then may also be executive privilege claims would have to be resolved. but the main reason, obviously, that they are concerned about this is that it appears the president later, after this all came to light in the charges were not filed, and hur's report came out. the president claimed that question of his son's passing and when it happened was something that the special counsel hur brought up. and it's now been pretty well discerned that it was the president himself who brought that up. the last thing the white house needs is any further revelations of the president not -- not having his memory solid and failing to remember things and

stumbling and all the rest of it. and i guess the concern may be that this transcript may be full of such stumbles and failures to remember and saying things that -- whether inadvertently or not are not true. further political embarrassment is obviously an issue. >> trace: plays both ways, trey gowdy. everybody has saw and read into it what they want. if you don't release it, that could also be somewhat damaging, fair? trace. >> trey: yeah. you know, trace, i'm a universe of one, which means i'm lonely. but it doesn't mean i'm wrong. i think prosecutors ought to speak through indictments. what jim comey did with his press conference was wrong. robert mueller has no business weighing in on anything on whether or not a crime was committed. rob hur, the same analysis. i may be wrong, but at least i'm consistent. prosecutors don't speak to press conferences or reports. and, look, jason chaffetz is my friend and he was my colleague. but he left out a really

important word. confidential. rob hur's job was to write a confidential report, not do opposition research for the republican party. prosecutors are held to a different standard, we're not political hacks. and they should not act like that. >> trace: go ahead, brit. >> brit: i hate to interrupt but just one thing he was required, with hur, as was just noted, to file a report. he filed a confidential report and the president's attorney general decided to release it. so, how is that on the prosecutor? i don't think it is. it may be in keeping with our current standards of, you know, everything released, but, it certainly wasn't up to hur. >> trace: susan now to you, karine jean-pierre and she said this. >> given you think the report is flatly wrong and gratuitous you can't say you want the material to be made public? >> no, what i say they are discussing it. they are looking at it. there is a process that's involved. and so the white house counsel

obviously has taken these questions from awful you. so he they're looking into it. i just don't have anything further to say about that. >> trace: susan, where do you come down on this? >> susan: she said to another question it's not a no. it's not a yes. they're considering it. it's not fair to tag the white house is resistant yet on the release of the transcript. i don't know where they will come down. i guess their decision is probably going to be based on whether it makes the case that the criticism of his mental faculties that the special counsel made were gratuitous and inaccurate as the president's defends have said or make his case. we are going to go into a campaign for the next 8 or 9 months, and we're going to find out about the questions that we have about both of these major candidates. that's going to be what this campaign is about. >> trace: yeah, talking about the campaign. this monmouth poll is very telling. it says biden, will he be relaced as the democratic nominee. see the top two red boxes. somewhat like if you are a

democrat, that's a big number, trey gowdy. >> trey: the question is replaced by whom? i think kamala harris got the same number of delegates as the four of us. and the difference being we weren't running for president when she ran. so, are you going to skip over her to go to gavin newsom? i mean, i think the smart money is that biden does not run in november. that's where i place my bet. but i got no clue who they are going to replace him with. >> trace: yeah, i think that's right. brit, to you, the question becomes how do you reset? if you are going to be the candidate, there has been talk about using the march 7th state of the union address to maybe reset your campaign to kind of give the american people a different, newer look at you. does it work or have minds already been made up? >> brit: as far as biden is concerned, i think the ship has sailed on him. people have been looking at him now for several years. they have seen and notice the deterioration in his faculties

and his memory and the rest of it. so, i don't think they can -- there is much they can do to dress him up as a more youthful and vibrant figure. and, of course, if they get him to drop out, you know, it would depend on how he did. if he left immediately, kamala harris would be president. if he left at the end of his term, they could have an open process. we would have to release his delegates, of course. and they could have -- they could have a shortened campaign season to establish the nominee. that would be exciting. >> trace: yeah. susan page, would like to move onto the former president trump. $350 million judgment against him. the "new york post" writes the following quoting here: a host of trump properties manhattan, manchester. even iconic 348 million trump tower could end up on the chopping block sources told the post as a 30-day deadline to pay the fine imposed by manhattan supreme court justice arthur engoron looms.

this could hurt the former president clearly. also hurt new york the business capacity of the state of new york as governor kathy hochul was kind of pointing to. >> surely could be no worse news for donald trump defined by his real estate empire there that is a big fine. that is a lot of money. >> he needs to come up with even during the appeals process he needs to have this money put on the table or a loan made by somebody to cover it. so, these -- this has got to be a time of some hard choices for the trump -- for former president trump and his family about how to come up with this huge sum of money. >> trace: trey gowdy now put your legal hat back on for you, sir, if you would. because jonathan turley had this to say about not having any victims in this case. watch. >> part of it is the disconnect here. they said you have what will be over $455 million if you include interest. and then on the other side of the ledger, you have zero.

there's not a single dollar lost by these victims. in fact, the people that james calls the victims actually wanted to do more business with donald trump. >> trace: a lot of money for no harm. your thoughts? >> i have a slightly different analysis. i mean, the fact that you tried to rob the bank and weren't successful is really not a good defense. i mean, all drug cases are victimless crimes. my problem is you have an attorney general and a district attorney who literally ran for office saying we're going to go after a person in donald trump. not a crime, i mean god knows there is a long list of crimes alvin bragg will not go after. apparently hush money is one that he will. when did we start electing people who target individuals? we prosecute crime, not people in this country. that's my problem with this prosecution and alvin bragg's. >> trace: we got about 45 seconds left, brit. the perception that trump is getting a raw deal and people we

talk to every night seems to be growing eight about. what do you think. >> brit: look, what he did -- what he was charged with, he did. the question really is not that. he was guilty. the question is whether the penalty was ridiculously disproportionate to the damage done by the alleged crime. and i think most people look at that and they say, wait a minute, that is staggering. that is way out of proportion to any harm. in fact, can you make a pretty good strong argument that there is actually no harm. >> trace: yeah. could you make the same argument, susan? >> susan: well, you are saying he is guilty of misleading his investors and overstating his wealth. isn't there some harm there to kind of the way our system is supposed to work? >> trace: yeah, yes. very quickly. yeah. okay. trey gowdy, susan page, brit hume, thank you all. we appreciate your time.

♪ >> trace: finally tonight, today's throwback. [explosion] >> the naval bombardment prepares for landing. >> trace: on this day 79 years ago during world war ii the u.s. marine corps launched invasion of iwo jima a critical island tokyo. the battle cost the lives of over 6,000 u.s. service members. after the invasion the island served as emergency landing site for b 2 # bombers saving the lives of 24,000 americans. tomorrow on "special report," we hear from south carolina voters ahead of this weekend's primary. thanks for watching. i'm trace gallagher. i will see you back here on fox news at night. ♪ ♪ >> laura: good evening, everyone. i'm laura ingraham. this is the incorporatio