home tonight and that's it for this special report. fair, balanced, and unafraid. the story guest hosted by brian kilmeade tonight starts right now and i didn't know you stayed up this late. >> i talk to you on the radio today it is my privilege to except your toss that you will toss to me. >> have a good show. >> brian: i am brian kilmeade, have a well-deserved day off. this is the story. moments ago, white house chief of staff mark meadows tweeting "several members of congress just finished a meeting in the oval office with president trump prepared to fight back against mounting evidence of voter fraud. stay tuned. a senator tom cotton is here with fresh reaction in a matter of moments and i'll give you what he just said. also, the days as attorney general, bill barr is zeroing in on the investigation of the investigators and reiterating long-standing feuds against unfounded collusion claims.

that after appointing john durham special counsel to finish the job he set out to do. a telling "the wall street journal" that he first agreed to take the position of attorney general because "the department of justice was being used as a political weapon by a willful if small group of people who used a claim of collusion with russia and attempt to topple and administration." a sentiment he has repeatedly echoed. >> i just think that by the time the president entered office around that time, it was becoming clear that there was no basis to these allegations not just the dossier falling apart, but the information they were relying on it. so whole thing was collapsed. >> brian: now just two days away from his exit from the post, the ag focusing on the probe into the origins of the russia investigation that hovered over the term presidency

from the start. >> before the election, i designated john durham has a special counsel because i wanted to provide him and his team with assurance that they'd be able to finish their work and they are making good progress now and i expect they will be able to finish their work. i'm hoping the next administration handles that matter responsibly. >> brian: keep your fingers crossed, national security advisor for the trump administration and author of revolution, trump washington and we the people along with andy mccarthy, fox news contributor, welcome to both of you. >> rate to be with you. >> brian: i'll start with you because i like you better, sorry. i love the quote that bill barr said, i'm a position where i can do the right thing and not really care about the consequences.

that is really how he did his job under donald trump, am i right? >> i think he did a spectacular job. the fact that he was willing to call it what it was, which was a coup by senior officials at the justice department to try to undo an election result and try to take down a president of the united states, he wasn't mincing words when he said that and put in action the durham investigation, the investigating the investigator still not done yet but by making it a special counsel investigation, he has guaranteed that the biden administration can't fiddle with it, they can't kick it down the street, can't put up smoke and mirrors because now it's a real thing. what i'm disappointed in though is that he did not appoint a special counsel to look at the hunter biden-china connection. that's the most important thing president biden deals with is the china relationship and i'd

like to know whether he's compromised. >> brian: doesn't mean the investigations are going forward. i even confirmed by hunter biden himself and the transition team, oddly enough. they are looking into this. the fbi has been looking into this. they have a laptop and a lot of material to go with, is there something that makes you think there will be follow through? >> i think they are. i agree with almost everything casey said with the exception of the special counsel. i just don't think the special counsel regulations first of all as a matter of constitutional law, they don't apply the president and the last special counsel regulations says that nothing and it gives enforceable rights to anybody so they don't really apply in a meaningful way the attorney general even. a little more fluff than anything else. they were appearance, but they don't really have teeth. so i don't put a lot of stock in the fact that the attorney general appointed john

durham is a special counsel other than a politically ratchets up the insulation around that investigation and as far as the hunter investigation is concerned, the obama administration started to investigate hunter biden's business partners in his partnership back in 2016, they were prosecuted, the two partners under the trump administration, and the u.s. attorney for delaware was put in charge of this investigation is evidently doing a fine job and has been doing it for months so i guess he suspects that the investigation is in good hands and naming a special counsel what kind of cut against the grain of what he is otherwise been trying to do. >> brian: a nice guy who is in way over his head and i think you'll agree when he looked at the russian deal, he said there's nothing there and thought that would be impossible and he did and he defined it and he understood it, and i think in a way later on when president trump is out of office whenever that is, he will

realize how brilliant it was. you look at the investigation and said there's nothing there, he looked at roger stone and said i think he is guilty, but over sentenced any looked crossfire hurricane and said how did this start? we've got a tweet over the weekend from peter strzok that mysteriously appeared, still getting tweets from this guy from his high school days, i don't know where these have been but talks about this investigation started a lot earlier than they told us. >> not only a lot earlier than they told us but also political right from the start. we now realize, and this is not just from innuendo and whispered and reported ears, these are documents, declassified documents, handwritten notes of the people who perpetrated this fraud not just on general flynn and myself and president trump, but on the nation. in got us all running around for three years in a circle and basically put us up against each

other so one half of the country distrust the other half of the country and they set us up perfectly for the perfect storm of the coronavirus. and now we've got a situation where again, half the country doesn't trust the other half of the country. no matter what the election result, now going to have half the country that says he got it because it was social media, so i really felt the administration, the obama administration and the senior officials in the justice department and the intelligence community for what they did to the nation. >> brian: absolutely. nice of you to put yourself above it but it's got to bother you in particular, set to serve in this assignment that's going to culminate in your incredible career and you don't get a chance to do it and the guy you're supposed to serve under ends up for the next two and a half years but it leads to what's next. as we look back, remember we had

the clinton impeachment mass in ms. 9/11 and then we have the pandemic happened in the middle of another impeachment doing another investigation. when the nation get sidetracked, it seems like we pay the price and i think that's part of the reason why a special counsel really has to be extraordinary situation from here on in. is that why you feel the way you do? >> i don't like special councils to begin with. i'm sorry. >> brian: go ahead. >> i think you get patriotic people, very gifted people who get edged out the way that she did, it goes to show how much abuse there can be and how important it is number one that we get the right people in these positions to run the government and number two, that we get accountability in the way that the narrative report of what happens so that stands for historical purposes, but the special counsel is a really

insidious institution like assigning a prosecutor to a person and telling them to find a crime, and i always think if we have better ways, people with integrity who can do the investigation in the justice department, that's a better way to go as long as congress can keep oversight over it. >> brian: final thought? >> if you have a congress in the hands of the democrats in a white house in the hands of the democrats, do you really think there's going to be just as? think it's going to be justice delayed is justice denied and i am more than anybody want to see the investigation of the investigators conclude and find people guilty of crimes they committed not just against me, but against the nation. >> brian: we will see what john durham comes up with but seems like he is virtually exonerated the cia. we will see what he says about the fbi. he so much, appreciate it. also here tonight, republican senator tom cotton of arkansas. the senate intelligence committee who last week called for a special counsel to investigate hunter biden in

particular, first off before we put hunter on hold for a second and talk about how we started the show, mark meadows tweeted out his chief of staff and 15 members of congress came to meet with the president today and here's the tweet, several members of congress just finished a meeting in the oval office with president trump preparing to fight back against mounting evidence of voter fraud. stay tuned. you in on the mounting evidence and what do you think the next step is? >> thanks for having me on. i've been focusing exclusively over these last few days on this coronavirus relief package trying to get help to the american people so i wasn't present for that. i think there were some irregularities and fraud in this election, they have suits that are still ongoing and if there is evidence of systematic or widespread fraud, we need to see that and have an established in accordance with law and facts. >> brian: living on to the hunter biden situation, i guess you agree that there should be a

special counsel there. what's your reaction to the attorney general saying today in the q&a portion of the presser know, i don't think so. i wouldn't recommend that right now. >> i have the highest respect for bill barr, twice than the best attorney general of my lifetime on i be happy to see him for the third time in my lifetime. on this question, we have to remember he knows a lot more about the facts of these investigations. for all we know, may be indictments or imminent and therefore special counsel is not needed. may be a plea bargain is imminent and therefore special counsel is not needed. my point is this. from outside looking in, you either have a situation where donald trump's department of justice is investigating the sign of his opponent or joe biden's department of justice is investigating his son. for many americans, that is not a tenable situation and a special counsel could bring independence of judgment to the matter in a way that would give

more people confident these investigations are being handled appropriately. >> brian: what bothers you most about this because the president surprised me when he said i have nothing against hunter and i don't want anything bad to happen to him, he knows the kid has been not a kid, a young man now, but has had a past with substance abuse and has major issues, but it's all how it relates to who joe biden is and what money he has got and how his foreign policy might be affected by different investments and relationships. his family has had with other countries. >> that's the heart of the matter. it's not just hunter biden either, as part of a pattern of joe biden's family, his sister and his brother, his son going back decades and joe biden's public life. happened when he was a senator, happen when he was vice president, what makes anyone think if he assumes the most powerful office in the land will stop now? that's why i called joe biden to

come forth and have a wide-ranging press conference, answer all questions about these matters just like donald trump did in early january 2017 when he was then the president-elect and took lots of questions not just from people that were friendly to him but from cnn and "the new york times" about the fake dossier and the false allegations of collusion and everything else. >> brian: every day, and this press does not understand the access that he gave them many of which had nothing but hostile questions even on the brightest day and the best day for this administration was nothing but hostility. want to go to what the incoming press secretary said. here's what she said on the issue of will the attorney general he picks have anything to do with that person's view on hunter biden? listen. >> he will not be discussing an investigation of his son with any attorney general ended it. he will not be discussing it with anyone he is considering for the role and he will not be discussing it with a future

attorney general. we are going to allow the process to work how it should which is for a justice department to be run independently by the attorney general at the top. >> brian: feel better? >> i can assure you and all of your viewers that the senate will be discussing this with whoever joe biden nominees to be the attorney general and that we will expect assurances that the department of justice will not be politicized the way it was under the obama-biden administration and for that matter, especially with those senate races, one reason it's so important that we win those races that every nominee who comes before the secon second ox and i will have to give assurances that they are not going to have the same kind of aggressive regulatory and sometimes persecuting behavior that the obama-biden cabinet and agencies data. >> brian: so work through the night for the last tw two night, saw you on "fox & friends" now you've got a 5-hour energy endorsement deal, whatever it is, good job with your

endurance, appreciate you being here. >> merry christmas, everyone. >> brian: and to you and your family. still ahead, turning point usa founder here exclusively after president trump closes his conference with this message a short time ago. >> we won this in a landslide. they know it, and we need backing from the justice department and other people having to finally step up. >> brian: and next, a little more than two weeks out from runoff races in georgia set to determine senate control and shape of the country and i am not overstating it. what we know now about president trump's upcoming visit. we will get the inside scoop with former white house communications director here in her new role as senior advisor to the georgia republican party and then karl rove here to break down the numbers next.

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>> brian: georgia senate runoff races entering the final two week stretch. more than 1.4 million people already cast ballots with g.o.p. candidates kelly loeffler and david produce at for a big boost when donald j. trump rallies they are on election eve. the president's daughter ivanka

trump who paid a visit today with a clear vision and letting anyone know what is actually at stake. >> georgia will decide in which party the united states senate. he will decide which party rights are laws, which party holds congressional hearings, and which party spends your hard-earned taxpayer dollars. georgia will decide whether our children will grow up under an oppressive government or whether america will remain the land of the free. president trump has set up america to defeat the virus, and the pandemic, and unleash the greatest economic prosperity in history. then we cannot shut it down. >> brian: karl rove tells us which party holds the slight

edge but first, former white house communications director and senior advisor to the georgia republican party. you heard her today, set up a super pac for this, karl rove heading up the money gathering operation in georgia, this means a lot, hard to overstate it. why does this seem so much like a dead heat and what was always traditionally red georgia? >> it's great to be with you and ivanka trump said it better than i could. it's all on the line in georgia. the battle for control of the senate hangs in the balance here and senators kelly loeffler and david perdue will be able to pull it off but for years, activists have poured hundreds of millions of dollars into georgia to try to flip the state blue. we sought when jon ossoff read in the house several years ago unsuccessfully, but they are pumping hollywood money into georgia and what i would convey to the voters of georgia is this

is not representative of georgia values. we don't want to look like california. they don't want to look like hollywood and we are sending our top talent from the republican party, blanketing the state not taking any vote for granted. we want to earn the votes of voters in georgia. we've had ivanka trump, don jr. with an op-ed on fox news and is going to make the case on election eve and we are going to keep fighting. >> brian: 36,000 georgians who did not vote in november, 1.4 million have already showed up to vote. they say it's one fifth of the total of the 4.5 million they expect to vote. to the people of georgia have any pride in the fact that they were told by hollywood let's boycott, let's not shoot there, let's not do a commercial there, let's not do a movie there. we don't like some of their policies and other same hollywood elites are coming back to the georgian residence and saying vote for the democrats because i'm famous.

>> absolutely, georgia voters lena red, independent-minded, fierce individuals who believe in the pride of hard work, the free market in a free economy, having coastal elites come in and try to dictate their policies is exactly what's going to turn them off but what i would say with jon ossoff and rafael warnock, you have two trojan horses for socialism and far left policy. i'm not exaggerating when i say either one of them would take some of the place in the senate as the most liberal senator. that's the most liberal senator in the country should not come from georgia, a traditionally red leading state. so all hands are on deck in georgia. the republicans are going to pull it off, we have extremely strong candidates but we are not going to take any vote for granted. >> brian: so religious leaders have signed a letter critical of kelly loeffler. they want her to apologize or stop being critical and calling

him and stop calling him a radical socialist because it's not true. what is the kelly loeffler response to that? >> respectfully, he has also hosted pastors at his church that say things about our nation and america that i wouldn't even say on the airwaves. anything, senator loeffler is standing up for american values and what we believe in. when she hears people criticize the u.s. from the p was of an american church, you're entitled to your own belief. rafael warnock is entitled to his belief but not entitled to a seat in the u.s. senate. >> brian: this is the back of his baseball card and this is a way to get two victories while he's still fighting for his victory? >> absolutely, the president is very engaged and having his son and daughter there as well as his closest allies in the senate showing he's ready to go. the senate is what matters and i would just note as your guest

tom cotton mentioned, we want to get to the bottom of the hunter biden allegations, we have to keep control of the senate. that's critical and president trump realizes that. >> brian: thank you so much, he retired from one day and took another job, good job. left the white house were georgia right back into the fire. a guy who never leaves the fire is karl rove from a leading fund-raising efforts in georgia it is a former deputy chief of staff to george w. bush, fox news contributor, best-selling author. on the ground, 1.4 million have already voted, people automatically think that's good news for democrats. is it? >> not necessarily in let's take a look, two ways they are voting now, the democrats won overwhelmingly in the november election, 568,000 people voted, at the same point, through this weekend, at this same point before the november election,

726,000 had voted for about 157,000 or 22% less absentee mail-in ballots. on the other hand, in person voting which the republicans narrowly won, now 896,000 at this point before the november election, same number of days out, 844,000 to 52,526 more people have voted, 6% more than what's really interesting is if you added altogether, may have been 465,000 turn out so far. at this same point, it was 1,000,570s at 105,000 less my 7% less, slightly more republican than it was this many days out from the 2020 election and remember, david perdue got 88,000 votes more than did jon ossoff and the combined republican total in the jungle 21 person primary was 44,000 votes more than the combined

democrat total so, so far so good come of the things the democrats won so heavily is nearly a quarter down, the thing that the republicans basically battled through to a narrow lead is up 7% and we still have election day to come. >> brian: what's the effect of the brawling between the president and governor brian kemp >> greg: how does that make your job harder? >> i think it hurts. clearly hurts, but i'm not certain how much it hurts because people are fully capable of keeping two things in their minds and one thing is the president and the governor for having words and more importantly, the republican control of the sun is up for grabs and we really want nancy pelosi and chuck schumer and joe biden to be in charge of everything? that thing is driving the boat more than the first that's driving and what's interesting is it has an effect with the two most critical groups republicans are thinking about. they feel strongly about that argument and so do swing voters in atlanta who may have skipped the presidential race or even

voted for biden while voting for republicans elsewhere on the ballot. both of those groups have something in common. they don't want nancy pelosi and chuck schumer to have it all. >> brian: if you were to write the president's speech when he comes down on election eve, what would you hope that speech contains? >> that he understands his legacy is on the line. a democratic united states senate will use its power to undo his legacy as quickly as they can and will also use their ability to investigate to spend the next four years tarnishing his reputation and taking his people and drawing them in before congressional committees. and think about this, one of his great accomplishments as judges. they have to change the rules in order to get rid of the filibuster in order to pack the supreme court. but by 50 votes, they can pack each one of those appellate courts that he is loaded up with good conservative judges. the fifth circuit down there in texas and louisiana, lets out a bunch of new judges that joe biden gets t to a point and they can do it with 50 votes and

they don't need any rules changes in order to do it, same with all the regulatory relief that donald trump has provided as president. they cannot do a lot of that with 50 votes and kamala harris in the chair and they don't have to change the rules to do it. >> brian: you can tell people's passion by the money they give you. how are you doing on the fund-raising efforts? do you think that the republicans understand the urgency you do? >> i think i've had since the evening of november 6th, i've only had two people plead property and we've raised a bundle of money, far more than we originally set out to raise and it's because people understand the stakes and are willing to contribute generously. >> brian: karl rove back in the game up until january 5th anyway. good to see you. >> i was promised martha. what are you doing? we started the day together and ending the day together. >> brian: i feel so bad for

you. maybe i can get you one with laura later. karl rove, thanks so much, appreciate it. he is tireless. meanwhile, as promised, we talked to a turning usa founder charlie kirk after president trump calls into his conference and contends that he won the election in a landslide. a more contagious virus strain from the u.k.'s spreads and the administration faces calls to close its borders to u.k. travelers. even fast delivery on the perfect last minute gift from your walmart store. really fast. really perfect. let's end the year nailing it. ♪ we made usaa insurance for veterans like martin. when a hailstorm hit, he needed his insurance to get it done right, right away.

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but with walmart's low prices, you still know how to do it up. and keep costs down. let's end the year enjoying more. ♪ you are all i need baby baby to get by ♪ >> brian: we could see some action on capitol hill tonight has lawmakers prepare for a final votes on the roughly $900 billion current relief bi

bill. every step of the way why? checking my email and giving us play-by-play, is this going to be the night? >> the house and senate are nearing the end of a very lengthy process the house will soon vote on this $900 billion covid relief bill. talk started months ago, stalled, started again, than the florida said the end is in sig sight. >> this covid bill has taken far too long. we started these negotiations before the first day of summer in june. the longest day of the year and here we are now headed into the darkest day of the year, the first day of winter. >> there's money to distribute the vaccine, those out of work and an extra $300 a week, also of one month moratorium on evictions and democrats and some

republicans pushed for direct payments. >> the good news is this is a very, very fast way of getting money into the economy and let me emphasize that people are going to see this money at the beginning of next week and it's very fast. >> democrats still demand aid for state and local governments, the house and senate will vote tonight. signal support from president trump. >> brian: good job, thank you very much. 46 countries have now banned travel from britain in response to a new covid strain believed to be more contagious and now pressure is mounting on president trump to do the same. >> why don't we act intelligently or change? why don't we ac mandate testing

before the flight or halt the flights from the u.k. now? >> brian: why can't everybody be more like governor cuomo? white house press secretary brian morgenstern joins us now. for a change, can you do something right according to the governor? argue about it to ban travel from the u.k., have you done already? >> i appreciate the question, a lot of these other countries are catching up to president trump. he's had very stringent travel restrictions in place for months since march in fact. u.s. citizens, family members, certain other individuals who can get special for necessary travel can come in here from the u.k., but we've had very strict travel restrictions in place already. but i can say about this mutation of the viruses we've been aware of it for a number of months. it's apparently appeared on a number of continents, but that guidance for the american people remains the same. we have no reason to believe our

vaccines would not be effective against this strain, and the guidance remains the same in terms of socially distant, where your mass, wash your hands. as the american people's behavior shouldn't change and the president has had travel restrictions in place for months. >> brian: so if i'm in britain and i want to come to america, go to jfk, can i? >> for u.s. citizens, there is an exception for family members, people who can get special dispensation but we really had a very strict travel policy already. >> brian: so it's going to be hard to get here and they recommended you take a temperature check before and after if you're from britain and europe they are not taking a chance even though the strain has popped up in italy already. >> one other point i want to make of course seeing these restrictions by other countries,

but the president's insistence on creating the leading testing system in the world from scratch is allowed a number of private entities like airlines to put in testing regimes so that if you want to fly for example using british airways to come to the u.s., they have a private company doing testing so the passengers are tested, another layer of a syringe for the american people but i reiterate, vaccines appear at this point to remain effective against this and the guidance remains the same. a watch or distance, wear masks and wash your hands, so the american people can rest assured we are doing with necessary here. >> brian: so secretary azar had a lot to do with the success of operation warp speed with his background in pharmaceuticals and truly understanding the business. he spoke earlier on bill hemmer reports with john roberts filling in and the incoming surgeon general spoke after, let's listen. >> you could see that general vaccination where you can go to your cvs or walgreens or kroger, walmart, get your vaccinations

just like your flu vaccinations for it could really be beginning in that late february and into march period. >> i think it's more realistic to assume that it may be closer to mid summer or early fall when the vaccine makes its way to the general population. >> brian: when i heard the former surgeon general and that may be future surgeon general make that statement, i fell off my chair. mid summer as opposed to mid spring? huge difference. >> no kidding. and i understand the political motivation to want to set the bar low and then clear it, but operation warp speed is set up has a turnkey operation with career officials, professionals with the public sector, private sector, u.s. military, and some of these great american companies like fedex, ups, cvs, walgreens. the system is in place if everything goes as planned,

secretary azar is exactly right, we could be in the general population because we've not only got the two approved vaccines, we are looking at potentially others like johnson & johnson and astrazeneca which would really speed up the timeline so we are very optimistic, the operation is going very well and is pretty much turnkey at this point in spite of the past surgeon general wanting to set the expectations lower. >> brian: by the way, hold on to something steady. we have a table right in front of you but joe biden actually gave operation warp speed a complement inside one of the things i think the administration deserves some credit for is getting this off the ground, and i also think it's worth saying to demonstrate that people should be prepared to take this vaccine, which we all hope people will do. brian morgenstern, thank you so much. also here tonight, lucky to have him come a professor of health policy and management at

johns hopkins school of public health, fox news contributor and author of the price we pay. pretty exciting day, 1.8 million doses administered already worldwide, 556,208 doses administered in the u.s. going into today's action and we get no dharna a coming online now and tomorrow, the hhs secretary will give it publicly, tell us how optimistic you feel, doctor. >> good evening. it's a lot of really great news but there is a false construct out there, a recommendation that we need to get every american immunized in order to get a handle on the pandemic. the reality is that about 25 to 50% of americans have already had the infection and have some natural immunity. we don't know if that's a little better, a little worse, or the same as vaccinated immunity but we know we are not seeing re-infections in that group and the rare times it occurs, they are very mild so we may only need to get an additional 20% of the population immunized by

february or march to really hit those 70% herd immunity levels. >> brian: that's interesting because it might be necessary because currently, according to the latest study, only 42% of republicans have said no, they will not take the vaccine. what should people know who feel insecure about this new technology and this vaccine that came so quick but may be some are uneasy about a? >> first of all, if someone chooses not to have the vaccine right now under the emergency authorization, i respect that decision. we should respect that decision but it is incredibly safe. they were zero preventable serious adverse events, and if you run as many statistical tests that the fda reviewed as you can on the number zero, it still comes out zero. people want to wait a little bit, it's reasonable. someone's had the infection, its extremely reasonable. we don't need to immunize the 25 to 50% of the population that

already had the infection right now. >> brian: eli lilly comes up with a therapeutic, their version of regeneron, they put out 65,000 doses, only 5% have been used and now the word is we should tell our doctors if we are positive give it to me because 70% of the time when you give this eli lilly version out, you don't get hospitalized. why do we have to ask our doctors? why are doctors reluctant to use it? >> i think they don't know necessarily what the mechanism is, how to set up their patients to get it. we need more awareness around it and if you have the infection but you're not hospitalized, ask your daughter to ask a local hospital how you can get this infusion therapy. >> brian: think you so much, appreciate it. so good to talk about a vaccine instead of an infection. the trump campaign's new legal effort to reverse joe biden's victory in pennsylvania with the health of the supreme court. shannon bream is up early before her show to breakdown the case

and then charlie kirk and geraldo rivera are actually friends but they disagree after defiant president trump calls into the turning point usa conference with this message. >> we are fighting really for the country because this election -- we won the selection in a landslide. ♪ sanctuary music it's the final days of the wish list sales event sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment. janie, come here. check this out. let me see. she looks... kind of like me.

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>> brian: the trump campaign launching another new legal challenge against president biden'biden'svictory . reversing the three rulings by pennsylvania's supreme court having to do with mail-in ballots. joining me right now to break down the case, fox news at night natanchor shannon bream.

this approach, a request of the supreme court. should trump supporter's be optimistic? >> i would say it is improbable, but not impossible that something would happen with this case and the supreme court. is definitely an uphill battle. do you remember, there's already a case out of pennsylvania that was filed before the election, that one is still sitting there. they haven't taken action on that the so this will be four essential challenges that come out of pennsylvania basically arguing that the pennsylvania supreme court they are allowed election laws to be changed. the argument is the u.s. constitution only allows state legislatures to make those changes. so we have to ask even if the justice said in the longest of long shots we will entertain this case and hear it, those electoral votes have already been awarded by pennsylvania so they're asking for that to be undone. even if it was undone, talking about 20 electoral votes the trump campaign will have to come up with someone else and they do have other state-level case is

pending but time is running out. >> brian: another supreme court expert said this about the disappointment he has on the supreme court's continuing pushback on all these cases. watch. >> this is why we have a supreme court. judicial review for the purpose of upholding the united states constitution. when it sits there and pretends that they're just observers and decide they don't want to get involved, they have done a grave disservice to this country. they have not upheld the constitution, and we will pay the price for this in elections to come. >> brian: what is it about these presidential election or any that they are always reluctant it seems to get involved outside 2000? >> you know they do not want to do that either, there was a lot of consternation that they got dragged into this but they were the last resort and last voice, they very much do not want to repeat that because they know there were a lot of people who

still look at the court as having been politicized by ending the counting of those votes so it ended up president george w. bush won that election. chief justice john roberts, it is well known he is aware of the public perception of the court and wants to protect as an institution and a lot of his critics will argue that by trying to make the court a political, he is ending up making it appear to be more political and that is mark's argument. >> brian: why did they care so much about perception? is do your job. >> you can't have just one or two justices saying will go with it. there have been some dissents from justice alito and justice thomas on these cases. when texas tried in the last couple of weeks ago after four states that they say had changed their voting procedures illegally or done them inappropriately, you saw justice thomas and justice alito say this is a state versus state controversy which is one of the only pieces of original jurisdiction which means we are

not weighing in on the merits but we don't understand why they don't think this is a case we should at least hear. so there was some internal dissent about what's going to happen but now we stand by and wait. >> brian: please invoice martha even though you're talking to me for your appearance, okay? we will see you tonight at 11: 11:00. i understand. also here tonight, charlie kirk, turning point usa founder and geraldo rivera, fox news correspondent at large. you heard mark levin's frustration and shannon's analysis. is there a sense of hope amongst your turning point people in the president today that this will be a different approach, a different verdict when it comes to the supreme court? >> i think there's a lot of frustration. i can't comment on the probability of it. the frustration is around how the united states supreme court will not hear the case specifically around the state legislatures in the united states constitution it says in article two, section

one, clause two, that all of these changes must be done by the state legislature not in civil settlements, not by secretary of state's offices, and the great one, mark live-in who was a phenomenal legal mind, former chief of staff to attorney general said it best that if we do not have a supreme court for judicial review at this moment, then why do we have a supreme court? so we will keep fighting and hope there is still a path to be able to uncover exactly what happened here but this is less about the fraud. this is about process, why were these massive changes allowed to be made without consent from the state legislatures and that is against exactly what is written in the united states constitution. >> brian: you see this suit and you also heard the president today at charlie's event in florida. he is not taking a step back at all. >> first of all, charlie is a very impressive young man and a great mind for longer than charlie has been on earth, friend and they '70s come

'80s, '90s. he will be my friend after this, i hope. the president is wrong. there is no avenue left. there was no legislative avenue, no constitutional avenue, no judicial avenue. is over and the more the president holds out the hope, the tantalizing hope by calling groups like charlie and saying keep fighting in mark meadows, the chief of staff with that totally reckless irresponsible tweet telling people that right around the corner, we can do this, we can turn this around, that's bogus. there's no way to turn it around. hurts to say that, but it is true. >> his tweet just told what happened in the oval office. he said 15 members of congress discussed the evidence of voter fraud in various tragedies to make the case to the american people. that doesn't seem reckless. >> mounting evidence. there is not mounting evidence. doesn't matter.

let's say for the record that pennsylvania made a terrible error in 2019 when they passed a law allowing mail-in balloting. was in 2019, it was a bipartisan bill. republicans joining with democrats, that governor signing into law in 2019. there was such a problem with the law in pennsylvania, that was when it had to be challeng challenged. >> brian: you had donald trump call into your conference today and here's a little of that message. >> hi, charlie. how are you? that sounds like a big crowd of beautiful people. we are fighting really for the country because this election, we won this election in a landslide. in hundreds of thousands of dollars in each state, the problem is we need a party that's going to fight and we

have some great congressmen and women that are doing it and we have some great fighters, but we won this in a landslide. they no weight, and we need backing from the justice department and other people to finally step up. >> brian: so he was obviously pumped up and so was your crowd, and as you know, 75 million people voted for the president. charlie, where do you think he goes from here? it looks as though in the oval office they talked about some type of when they go to sanctify and certify the electoral college, they will be an outburst, jim jordan, and others? >> i think you can agree this is not an easy fight, however, it is always the right time to fight for what is right and president trump here was not -- i will say it very bluntly. this election was stolen from the president trump. from the changes in the election, to the voter

legislation to the access problems in these states and if you look at georgia majorca is another state that went through a civil sediment that change signature verification. the united states constitution and the state legislatures are the ones that are supposed to make that and if you want to change it, go to the state legislatures. that is the best legal complaint currently. i wish the united states supreme court would hear that case using judicial review but we are going to keep fighting because it is the right thing to do, always the right thing to uncover any treachery that occurs in to pursue truth. >> brian: ten seconds, wrap it. >> the supreme court is not going to hear this case and further whining by the president makes them is sorely a loser and he has a great legacy, he should be bragging about it, not complaining about it. >> brian: you will be fighting for the house which is within a whisker of taking it back and then could be lined up again revisited in 2024 if he chooses.

geraldo rivera, it was great to see you two go together. charlie kirk, geraldo rivera, two very talented individuals and congratulations on a great conference. that is it for the story on december 21st, 2020 but as >> good evening and welcome to special edition of tucker carlson tonight. if you are a sane person, it's easy to dismiss woke activism i a child this sideshow that play out on college campuses spread the cream didn't self-hatred, the hair on fire hysteria, the total oblivious to historical reality. the whole thing is like an adolescent rage fit that goes o forever. honestly, it's kind of hilarious . at the university wisconsin las month, child activist convinced administrators to move a boulde on campus because they claimed