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going to do by tomorrow. >> speaker mccarthy, live on fox news. quickly, a quick question, how do you feel about -- ok, so he -- he would not take questions, he said he was in a hurry, had to get to the floor to open it, he's on the way to the floor and we'll listen to his remarks. >> sandra: all business. >> john: it's noted. >> almost reached in, but -- >> john: he's got the capitol police around him, be careful how far you reach in. >> exactly, exactly. >> sandra: thank you, aishah, appreciate that. and off he goes. a live look here at the other direction, as john, we anticipated,...

i'm dana perino along with jesse watters and greg gutfeld. it's 5:00 in new york city. this is "the five." america, just when you thought you'd seen every scandal out of washington, there's this. a staffer, ben carter, is out of a job. it comes after a graphic sex tape was filmed in an historic senate hearing room. capitol police are investigating how it was allowed to happen. the senate sex tape was recorded last week but the time of day is unclear. it's the same esteemed place where supreme court justices had their confirmation hearings, where the 9/11 commission uncovered what hap...

♪ ♪ this is cnn breaking with news. >> we are starting this hour with breaking news and out of the supreme court, special counsel jack smith is now responding to donald trump's legal team about the federal elections case. the special council is pushing high court even more now to take this matter up quickly, and we will get over to joan biskupic which have details that are truly just coming in. >> yes, the donald trump subversion case has just submitted another filing to the supreme court doubling down on the imperative of the supreme court to take this case up now before waiting...

supreme court, that donald trump is constitutionally disqualified from being on the ballot in the ste primary. the opinion pulls no punches. quote, president trump incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power. the tenor of president trump's messages to hisupporters in exshorting him to -- had an option to fight back. the cavalry was coming to find. here's where the colorado state supreme court went further, reversing the lower court's finding that donald trump doesn't qualify as a, quote, ofce under section 3 of the 14th amen...

which is not typical on american voices, but tonight is an exception. it is important for you to be reminded of exactly what donald trump said that day. specifically, this about mexican immigrants. >> they are bringing drugs, they are bringing crime, they are rapists. some, i assume, are good people. >> trump's racist opinions were well known before that moment. his role as lead -- his attacks on the exonerated five before that. as a candidate for president of the united states, saying people who come to our country that was built by immigrants are rapists, well, that showed trump's ...