Kudlow. Breaking now, our top story, the senate has no border closing or a International Security funding bill, in a few moments well speak with senator james lankford, but first to our white house correspondent, great peter doocy for a run down on todays always exciting white house briefing. Peter, what can you tell us . Reporter larry, i can tell you something new. Admiral john kirby does not usually step up on microphone for political messages he was political in calling out House Republicans who will not sign off on new money for ukraine without changes to border policy. I sure hope that those House Republicans who have for months held hostage assistance to ukraine, heard putins message, instead, they are heading home for holidays, while ukrainians are heading back into the fight. Fthey will face more shelling, more air da attacks and more cold dark nights. Reporter President Biden said we have to address the situation in our southern border, i remember determined to fix the problem we need funding to strengthen Border Security but republicans in congress will not act to help, some are saying bipartisan closeddoor negotiations are going well. Im more optimistic than a week ago. I believe that senator langford, our negotiators on both sides of aisle and most important the fact that administration is now involved. Is making a difference. I am hopeful it is still not done. Reporter white house officials also tr criticize republicans in congress for planning to goo vacation beginning the end of this week, no, word if President Biden plans to cancel or delay any of his planned december vacations. Larry. Larry all right, peter doocy thank you so much we appreciate your report. Before we get to senator lang for length ford, here is a question, why has america come to hate harvard . Or penn or m. I. T. . More carnegie owner fani elite yforts. Fancy elite universities they lack the backbone to stop antisemitism the same could be said about white house which set up a working group on islamophobia but not one on antisemitism. This is tragic, and pathetic and awful. Back do harvard and its president claudine gay, she flunked antisemitism test posed to her by House Republican liter stefanik then tried mealy mouth back walking tactic later and now embroiled in a plagiarism scandal a number of expert pointed finger at the harvard president. You know in academic world, plagiarism is one of the biggest nonos, not as big as antisemitism to be sure, but a major, and punishable offense usually students and faculty get expelled for it. But not miss gay, h harvard corporations that study behind gay so far. Then, the New York Post wrote a scathingly detailed story about o how harvard lawyers works to cover it up, normally in america you say 3 strikes and you are out. Antisemitism, plagiarism and a coverup. How harvard does not top admit wrong doing for now they stick with claudine gay, many people believe she got where she got and remains where she is because of harvard left wing policy concerning diversity, equity and inclusion. And showing up for first time to help a bunch of harvard jewish kids light up hanukkah candles is so phony it will not change her shaking standing. Anyway, harvard loss of money from large donors, but, there is a bigger money scandal regarding these well endowed elite universities that is they are permitted by law to run taxfree hedge funds with en endowment one hand and recipients of massive volumes of federal spending on the other, a hat tip to New York Post, combine end endowment short of 100 billion, which Capital Gains from stock sales or interest on bonds is taxed at, 0. That is right, zero. Ordinary run of the bill well to do people, they have to pay a top rate of 37 . Or longterm Capital Gains for individuals of a top rated 15 . Corporate tax rate is 21 . And Dividend Income at 37 . But for harvard, and other big shot schools, their tax rate is zero. And for all income combined, these schools have a top tax rate of 1. 4 . On top of that, just harvard alone the beside 2. 5 billion in varitiry tack free investment, they virtually tack free investment they receive 676 million from federal government grands and 349 million from state governments and 1. 3 from tuition, that include federal loans like pel grants, government subsidies and tax breaks at ivy leagues schools or more heavily subsidized than students at public universities. State schools. In inequity on top of their left wing social policy, as well as their spiraling antisemitism, should be totally changed. At the very least there should be a heavy cost imposed on these schools. Now, ohio senator jd vance tweeted about his bill, that would tax largest en endowment at 35 , not 1. 4 , to impose consequences on the dei and woke insanities, hor vharvard and the others may still hate america and hate traditional American Values but at least they will find that hatred to be more costly than the free lunch they are getting now. By the by, mig my, pal tax expert Grover Norquist will join us later in the show to tell us why american needs to tax harvard. Now to the Unfinished Business of protecting americas border, welcome back. Republicans lead negotiator oklahoma senator james langford. Lankford, you are kind to come back. It was wall street journal story, yesterday. Dont know if this is true, but they said some progress may be in the works, i want to ask you, you tell me, they mentioned a title 42 type expulsion law it is called. So that will allow government to turn away asylum seekers, now, i would think is more like remain in mexico, but maybe you can tell me what the nuances are, there would be thresholds, and or maybe there will be held in decenttion centers, i dont know. But that is what i read in yesterdays wall street journal. Online last night, it was in todays paper. Is that true senator lankford . So none is true until it is written down and we can pass it. There have been a lot of ideas laid out, i have been an advocate for that from the beginning, you dont control your voter if you the number of people that come across your border is managed by a criminal organization in m mexican cartels who now run our borders. That is one of the ideas, until we get agreement we can write it down, and everyone can see it, nothing is settled. There are good ideas we laid out. Were tati waits to get white house to sign a piece of paper. Larry how is that different from trumps idea, that worked so well, of remain in mexico . Remain in mexico required a Bilateral Agreement with mexico, they had oagree how they would handle and, this administration, Biden Administration was forced to did remain in mexico but they did is so complicated there was Something Like 47 people they managed and millions of dollar they spent on the process, my focus is, depends on administration, if you set up authorities, that make it real clear regardless of your administration, that is a bit wear to do it atthispoint, if we got trump nick nim any republican in white house they would handle this border different from this administration. Larry so, a you reimagine remain in mexico, it resurfaces at title 42, title 42 was a wh health measure, there are still a lot of Health Issues tied up with bidens illegal immigration policies. You need both. You need remain someplace, and you need a new title 42 to deal with Health Issues. Yeah, so this is not a health related, this is authority related people compare to title 42, that something they are used to and saw during the pandemic how it worked it is how you control your own border, yesterday there was over 10,000 people that crossed border. There is no way to manage that 9 thousand between the ports of entry. They were released by the thousands yesterday. It has to stop, that is a National Security risk, if youre outside of washington you understand it, if you are in washington, you think that Border Security is a political issue, no one outside 202 area codes believes this a political issue, this is a National Security issue. Larry next thought, as you reimagine these, or relabeling them is there any money that is reimagined into this bill, that might build out the wall which was didnt you know in part by former president who wishes to be president again . As far as i can tell you, all of republican candidates would like a wall. The hr2 bailout of the house wanted a wall. As that wall made a new appearance . This dpaj administration used their wall funding that was set aside for 5 year funding, this administration was using same colors for Environmental Remediation around the wall, you add wall dollars to them, they will find ways to not spend it on building fencing, you add them to someone determined to National Security it is different, we have think smart in this right now, Biden Administration based on how the bill was designed 5 years ago, it compelled to build several miles of wall. They are building right now. Because of actually how the original bill was designed. But it took them three years to struggle through to get to this spot that attorneys have told hem, rest of moneys that to be used for a wall, they have been squandering a lot of it, we have to get real security, there are placing that you can walk around the wall that were never getting recalled and canyons and mountains, our policy is a better determination rather than a wall, Border Patrol wants more wall. Larry cle clef it is clever to use wall money for climate change. Where is it now, weekend, maybe senate will meet tomorrow or stay the weekend . Or cots on the floor. You tell us. Where is it at . No cots on floor, senate finished last vote of the week, a few minutes okay i will continue to go through negotiations, most of my colleagues headed out, im not only republican in the negotiation, there are many others, that are going through i am the tip of the spire, there are republicans this house and senate that are giving input. Were keeping working i tell you im skeptical that cell it will be finish. We dont have they can so orally what they agreed, to until we see it in writing, that is a very different issue. Larry and i take it, President Biden and or his senior white house staff is finally engaged . Or is that untrue . I have not seen President Biden yet. In any of the negotiations or invited to personally negotiate with him, some of his staff have negotiated in this, that is helpful. So were working through this process, getting everyone at the table. Larry all right. Well, i guess i wish you luck. The hell of an assignment for you, christmas. It is a pain to be able to deal work not just a Merry Christmas present to me but has to be done with 10,000 people a day crossing we have to stop this flow. Larry if if you did it would be a fabulous Christmas Present for the rest of america, i am say, you get high mark for your service of this reimagined border policy. Senator james langford. Lan lane great state of oklahoma. Thank you. Next up after years of prosecution and persecution. Donald trump may finally get some relief from the Supreme Court. We have Andy Mccarthy to weigh in with kudlow returns, senator lankford is giving it his best shot. Who knows what will happen. You have to reimagine the whole thing. Maybe that is my word of the day. Im kudlow, Merry Christmas, wonderful, ill be right back with more. Market, youll fd Fisher Investments is different than other Money Managers. other money manager different how . Arent we all just looking for the hottest stocks . Fisher Investments nope. We use diversified strategies to position our clients portfolios for their longterm goals. other money manager but you still sell investments that generate High Commissions for you, right . Fisher Investments no, we dont sell commission products. Were a fiduciary, obligated to act in our clients best interest. other money manager so when do you make more money, only when your clients make more money . Fisher Investments yep. We do better when our clients do better. At Fisher Investments, were clearly different. Choose advil liquigels for faster, stronger and longerlasting relief than tylenol rapid release gels because advil targets pain at the source of inflammation. So for faster pain relief, advil the pain away. Why choose a sleep number smart bed . Because no two people sleep the same. Only sleep number smart beds lets you each choose your individual firmness and comfort. Your sleep number settings. Its so smart, it actively cools and warms up to 13 degrees on either side for your ideal sleep temperature, and effortlessly responds to both of you. For your best sleep, night after night. And now, save 40 on the sleep number special Edition Smart bed, shop for a limited time and sleep next level. Only at sleep number. Larry is donald trump about to get some constitutional help from the Supreme Court . Interesting possibility, joining us now Andy Mccarthy, former u. S. Attorney, fox news contributor, you got a new book coming out did i see that . No, i hope not. Larry all right, you would know. Who has time to write a book . Larry that what i say. And way. Back to this judge chutkan. Dc judge of liberal persuasion but, while trump s appeal issues of president ial immunity and while they appeal issue of double jeopardy, chutkan said he will stop the presses and postpone any Court Hearings until the Supreme Court make up their mine, i guess that is true for the federal court, the u. S. Court of appeals even though special counsel trying to get around it walk us through this this came out yesterday. As your show hit. And i dont know it sounded interesting and promising. Yes, i yes, it is interesting. Default position of federal law is that you try whole case including the litigation in the trial court first, then after it is all over, if there is a conviction a jury verdict and a sentence then the whole thing go to the court of appeals, there are hain full of issues that courts allow you to get pretrial appeal on. And one of them is immunity, because if you have immunity from prosecution the offense is having the trial, not just potentially getting convicted. The other important doctrine of law is that in federal law, once there is an appeal, even if an appeal pretrial, the court, judge chutkan loses jurisdiction of the case, once chutkan ruled gain former President Trump on his immunity trump appealed to dthe dc circuit and argued that have to freeze up the whole case. And he says, you know you cant do anything, she agreed yesterday she cant act on the case, until t Appellate Court decides it, this is important to trump and Biden Justice department, trump is trying for delay, wanting to push it past election day and biden department, the whole point was to try to get him convicted before election day. Larry a for chutkan on say what she said, jack smith he wants to jump over the federal Appeals Court and to the Supreme Court. But, i will say, my editorial word not yours, phony that he is, he is also hedging his bets by telling Appeals Court to go faster, whatever, chutkan says, no well have to just wait. And wait is a good thing for donald trump. Yes. Wait is a good thing, i think, also that smith, i believe may have fumbled into a mistake here in his haste to get the immunity issue in front of Supreme Court, it understandable why he wants to go fast it has been their plan, but, the only thing he wants to Supreme Court to look at is the immunity claim. And i think that once the what donald trump has always wanted to get the case in front of Supreme Court to look at the charges. Because smith may have a better than even shot to win on the immunity claim, Supreme Courts never decided whether there former president has immunity from criminal prosecution for his president ial act, i think his charges in this case are very shaky. And what trump has always wanted is to get this case in front of the Supreme Court before the trial because if they have a trial and he gets convicted then the issue is would the Supreme Court throw tut the conviction out the conviction are, here is look at charges. Larry just one last thing, as i understand, as nonlawyer. Donald trump was tried over this matter while still president. And he was tried in the house and acquitted in senate. Essentially jack smith wants to do the same them, like a doover. That is double jeopardy, i thought that constitution was darn clear, that you cant have that. You a you are tried once and acquitted at president that is it. Nno mork more, the last word on this for you, the issue of double jeopardy is you cant have that. You cant be tried and, acquitted then do over.