trey: good evening thank you for joining us i'm trey gowdy it is "sunday night in america". you remember a few >> trey: good evening, it's sunday. gun and tax charges, tax charges are misdemeanors and the gun charge would have gone through at diversion program, i can assure you, you and i would not have been offered such sweetheart plea deal and hunter biden believed it would immunize him from future criminal charges. he seemed in a hurry to do it and now we know why. late thursday actual biden was indicted in california on nine charges, including three felonies that allege biden failed to pay 1.4 million in taxes, as what was described as a four-year long scheme. our friends in the media remind us biden was suffering from addiction during that time, which is both true and irrelevant. some may find that sympathetic, volu voluntary. uncomfortable reality of our justice system which has almost always forgotten when republicans are indicted, two wrongs do not make it right. art unless and tells the jury says otherwise where the admit guilt we shall see if the justice system treats hunter biden the same way with a less famous father, he should be treated no better no worse, no differently, i'm not optimistic but it is the season for miracles. jack smith is putting the trump defense team on notice he plans to use uncharged misconduct of part of his case and he implied in court filings that former president new ahead of time there would be violence it did nothing to stop it ordinarily uncharged misconduct is not admissible but it can sometimes be used to show other elements of a crime including intent, here to break down trump's upcoming testimony and all things legal is outnumbered cohost an attorney emily compagno. the former president probably would do well in front of juries and certainly jurors, yes testimony coming up, this is a bench trial how do you expect them to do in front of the judge that he spent the last 12 month criticizing. >> i think we will see it looked like his testimony on november 6 with a lot of back-and-forth the judge admonished his attorney to control him he said this was not a political rally. certainly terms of the statement a lot of them came from the judge but this will illustrate the animosity, the feeling that nobody the courtroom feels the former president trump is getting a fair shot. it'll give him an opportunity on the stand to be able to say so and underline what he's been saved in front of cameras every day in front of the courthouse when he says this is not fair. he's riding high as he fell after thursday's testimony from an expert witness where the expert witness laid out i find no fault, i can't even find the substance of an underlying charge from the attorney general from everything that i reviewed received this as totally fine finances and operation of the part of trump's businesses to the opposing counsel and prosecutor said he's been paid to say this what i argue that is an unfair character is him because obviously every expert is being paid, the whole point you pain expert to analyze and to provide the truthful analysis based on the expertise a quite prolific expert finance former professor said i le i read everg i don't see it there there. it remains to be seen what happens monday but i'm sure nothing less than explosive speaking of paying people hunter biden's lawyer is smart i dealt with him a lot on capitol hill, he got bob menendez off the last time saturday menendez was on trial. but he's been jockeying lately for a public hearing rather than a private interview and i just wonder if maybe his time would've been better spent having his client indicted, i did not see that coming, they have been talking about congressional testimony and they should've been talking about defending against a nine count indictment. >> that series of indictments is a really big deal you and i spent a lot of time with clients in prisons and i will say this it is three felonies, one felony land to imprison for a long time. we know he's facing 17 years, everyone i've seen doing time for tax evasion and fraud charges if you go in front of a jury of your peers you will see a lot of years ahead of you as a sentence. if you strike a plea deal with the prosecutor you will likely get a year end a day so you're eligible for early release maybe two years in a day for each felony count these are serious charges in the way that the indictment lays out the first son billy has a lot to answer for including almost a million in charges for various women in adult entertainment direct quotes in the strip club charges admitting the various other sort of unseemly charges were expensed as business expenses, keep in mind at the end of the day every american has to answer answer for their accountings and the irs sees no color. i really hope in the situation that they treat him like the thousands of other inmates i have dealt with and their families where they received no grace, where they received only the letter of the law for a lot of people that made honest mistakes, this guy engaged in a lot of behavior for a lot of years that was defrauding the government. now that his dad is the most senior part of it i wonder what we will see here. >> organ and on an aspirational note this week there was talk about former president trump being dictatorial if only for a day and repaint scores with civil and criminal justice system maneuvers, now the site of the current president is under felony indictment, do you think we will ever get back to the blindfolded lady who does not care if you're red or blue or black or white or male or female, can we ever get back to that time? >> my faith will always be in the committal justice system that it will rise to the aspirational level that we put and hold them to. i think it will take a little while to write itself. in the present day i don't see that but as we spoke about baby hunter biden will be the example to set and i appreciate the color of your tie, go huskies. trey: that would've been an accident it happens to be the huskies colors. you're a lot younger than i am i hope you live long enough to see the justice system that we all deserve. i don't know that i'm getting make it but i wish the good luck against texas but i don't mean it. let me just say happy holidays, merry christmas and i'll see you soon. >> thank you, merry christmas. trey: thank you emily compagno. anyone hoping for a civilized thoughtful instructor debate on wednesday night was likely disappointed. >> this is the fourth debate that you would be voted in the first 20 minutes as the most obnoxious blowhard in america. >> your version of foreign-policy experience was closing a bridge from new jersey to new york, do everybody a favor and walk yourself off the stage, enjoy a nice mill in get yourself off the stage. >> nikki haley caves anytime the left comes after her in the media comes after, the only person more factious than the biden regime now is nikki haley. >> they are jealous, i love the attention, thank you for that. trey: joining us now brian kilmeade coastal fox invented one nation on the radio for 20 hours a day always helping our colleagues in the author of the new book teddy and booker t which is out now, thank you for coming on i want to talk about your book in just a second but what was your take on the debate, is not constructive what we just listen to. >> obviously everybody looks at nikki haley you have to knock her off, i thought the most interesting thing happened at the end where they talked about trump and basically chris christie says i want to be him i don't think he should be president, chris christie took over the debates and said you three have to be trump that's the one you have to be, say something bad about him and they wouldn't they thought they would be better candidates but they when it and i get it this is the most unique strategy in the history of politics certainly in our lifetime had you taken a front runner without losing his voters, you can quickly buy every time people hit trump his voters to get personal, how do you separate the two and they're trying to figure it out we know exactly where chris christie stands he's not quite get the nomination with 26 approval from republicans and what they say we are better but trump's not bad but they don't want to say that i also think it's a nonstarter to say trump is losing he's out of his mind and not the same guy he was four years ago, he's the same guy. if he didn't like him in 2016 and you don't like them at 2024 not because he lost his fastball i don't think that's a nonstarter i think it's a back of the baseball cards if you like joe biden in the back of his card were you like donald trump's baseball card, have added. trey: speaking of the winner of the debate who has not made a debate yet former president donald trump, i want to play a clip from a conversation that he had was sean hannity and ask you a question on the other side. >> we have crowds that are incredible in iowa, where hair last week, overflow crowds. and other candidates have seven people standing in a farm in there talking and it's a very nice thing to watch. >> i love this state we had two big victories, big, big victories. from the enthusiasm in the polls we're going to win by a lot more than we won the last two times. trey: he is still winning by a lot in the polls, i don't think the margin is one bit smaller then when these debates started. the future of these debates, should we keep having them are they accomplishing anything? >> is getting changed dramatically after iowa because of ron desantis out wins iowa or bailey loses iowa i think it's over and if nikki haley is get a live through south carolina then vivek ramaswamy has enough money to continue but i don't know if the deck against nikki haley against people, governor christie i don't know phil that the threshold for the next debate anyway. who would pair down, probably haley, desantis, vic as long as he wants to write checks but i do what you're saying, if i'm trump anyone critical of trump strategy of not doing debates you might be disappointed as a viewer but for him, he did the right thing staying out of it, why play the wildcard of purity when the division title, i think you can understand the sports analogy. trey: i can, you are exactly right, we may wish to see him on the debate stage because it's better for the country and more entertaining but it is smarter for him not to be there. were going to talk about something near and dear to your heart, you may be the busiest person i know. for you to take time to write a book means the topic is near and dear to your heart, racial equality through the friendship of teddy roosevelt and booker t. washington what motivated you to write about that. >> i did the president freedom fighter abraham lincoln because i came to south carolina and we tried to get you out that i think you were golfing that day but i talked to tim scott and lindsey graham and we talk about how far we've come about race in america and i want to prove to people that you could address slavery, segregation, jim crow, poll taxes, everything that happened with the kkk, terrible stuff but the people the broadest due to the place we are right now deserve credit and then they work together to bring america make us better, let's salute those people in my hope you understand teddy roosevelt but then you understand teddy roosevelt losing to the south to find out what was wrong in reading the same book that i read up from slavery in 1901 and giving it to his wife and she said what do you think and she said we've got to meet this guy and they met when they were vice president of new york city and they said we gotta work together i would be president one day and when that happens i want you to be my advisor, would you come to tuskegee, he said absolutely then mckinley gets shot, within weeks it is president teddy roosevelt then he says guess what booker t. washington, as a man born into slavery no shoes until you were ten years old one meal sleeping on the floor you're going to be one of the most influential people in america. and i think the next time we go to a tailgate party or thanksgiving or christmas or celebrating a holiday when you have that person in your family among your friends this is this country is not that great you break them down and show them the stories and how men and women work together to make our country what it is today, not perfect but what makes us great we try to become out of nowhere we get people like booker t. washington who never knew his dad, his birthday, barely saw his mom working 18 hours a day and found a way to make the country better. he had a chance to go to england and that much better, he said no i'm an american there is no limit to what you can be. you were talking 1900. for those people to think the american dream is done i think we saw the drudge report the said 36% of the country only believe the american dream is there. it is there, go get it, they got it when it was a lot harder i hope that gives people inspiration while not ducking our past. trey: there is no more important topic, that has been a shadow over our country since our inch option and the fact that you could've wrote anything they wanted to write about would choose to write about this says a lot about you. we will learn a lot about teddy and booker t but it says a lot about brian kilmeade, thank you for doing it and sharing it with us. >> thank you for having me on i appreciate it congratulation on the success of the show. >> you two, take care. the southern border is getting worse, solutions exist, where is the will to fix it trey: welcome back to "sunday night in america", border crossings recently overwhelm the port of entry in arizona temporarily shutting it down, human smugglers are as brazen as ever lawmakers seem poised, there is real progress then things seem to fall apart, what happened and why and cannot be put back together, joining us on your congressman mike mike waller look like the senate was making progress then it had a setback, can a border bill be passed in this current political environment? >> is going to have to be this is an exit essential threat to our country, you're talking about 10 million migrants have crossed the southern border since joe biden took office. many illegally, the asylum process fundamentally broken taking 2 - 3 years to hear the cases and when they are finally heard two thirds are rejected, this is unsustainable yet cities like new york crumbling under the pressure of it despite their sanctuary city policies clearly failing to work in mayor adams coming hand-in-hand demanding more from more federal dollars, chuck schumer is a senate majority leader from new york, he needs to do something about immigration. house republicans passed hr to back it may, chuck schumer has done absolutely nothing on the border, he has a responsibility to act so the summit democrats need to work with the house to pass immigration reform specifically focused on border security and fixing the asylum process. without it a lot of the things they're pushing for, especially supplemental aid to ukraine that's going to get tied up in this. they need to move forward with border security. trey: i want you to hold that thought about ukraine aid and the border and let's listen together to present a biden spokesperson. >> we have been very, very clear about the supplemental and how important it is, it's stunning that we got to this report and republicans in congress are willing to give putin a gift, the greatest gift playing chicken with our national security, that's what we see here in history will remember them harshly. trey: if i'm working for joe biden i'm not sure i want to be talking about giving gifts to vladimir putin after afghanistan and misjudging russia intentions in ukraine but is the border security piece tied to funding the war in ukraine? >> i been a strong proponent of supporting ukraine as i said before, my wife is from moldova and her family lives on the ukraine border in the russian foreign minister made clear that moldova is in their sites next, they will not stop at ukraine. but if we are going to secure the sovereignty of other nations and help them secure their own borders we better damn well do it in our own country then for this administration to talk about gifts to russia, as you pointed out, that withdrawn afghanistan was such a disaster it emboldened putin in invading ukraine and the failure of this administration to get weapons to ukraine fast at the onset of this war has allowed this to drag on for over 18 months. so we need to get serious about the goals and the objectives in ukraine, lay it out for congress and i know we will support funding for it. but it comes with securing our own border in the united states that is not asking too much when 12000 migrants crossed her border in just one day. fentanyl killing 70000 americans, most coming from mexico and the drug cartels, we have a responsibility to act in the failure to do so is killing americans across this country and it is wrong. trey: congressman mike lawler from the great state of new york, i'm sure that we bump in to your senior senator from new york, i'm really curious the argument against border security. i like to hear the other side but i do not know the argument against securing our southern border. thank you as always for joining us on a sunday night, we will talk to you soon. >> thank you. >> up next fighting escalates in israel, there is continuing and compelling evidence that hamas used rape as a weapon of war. if you want to see evil eye to i'm jonathan lawson, here to tell you about life insurance through the colonial penn program. if you're age 50 to 85 and looking to buy life insurance on a fixed budget, remember the three p's. what are the three p's? the three p's of life 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cirkul. it's your water, your way. >> welcome to fox news live, i'm marianne rafferty. qatar arranging another pause in fighting and prisoner exchange between israel and hamas, that is becoming harder to do. qatar prime minister says neither side is showing same willingness to negotiate. the country has been a key mediator between the two sides. house republicans could formalize impeachment inquiry of president biden, wanting to give more legal weight to look into the biden family's business dealing, to show mr. biden made money off dealings. so far republicans have not shown evidence the president engaged in wrongdoing, i'm marianne rafferty, now back to sunday night in america. i am marianne rafferty, back to "sunday night in america". >> i say to the women's rights organization, you have heard of the rape of israeli women, horrible atrocity, sexual mutilation, where the hell are you? i expect all civilized leaders, governments, nations to speak up against the atrocities. trey: welcome back to "sunday night in a