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tv   Sunday Morning Futures With Maria Bartiromo  FOX News  January 30, 2022 7:00am-8:00am PST

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know. happy birthday, we'll have a great day together. rachel: happy birthday, jen! will: what a perk of broadcasting from home, switching your own background. rachel: that's nice of you, pete. [laughter] pete: now she's hosting just for a but moments. have a great sunday, everybody. you guys are the best. rachel: love it. ♪ ♪ maria: many good sunday morning, everyone. welcome to "sunday morning futures," i'm maria bartiromo. coming up, first year, president biden changes the conversation to infrastructure while boasting about his first year in office a. >> we learned this week after my first year as president the united states has the fastest economic growth in nearly four decades. along with -- [applause]
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along with the greatest year of job growth in american history, 6.4 million jobs created in one year. maria: but as poll numbers plummet, inflation, deadly drugs and murders are on the rise, independents and republicans see it differently. >> after one year you take a look at that year, it has been a year of failure. maria: coming up, wyoming senator john barrasso with breaking news on the economic sanctions to come on russia and the economic impact of biden's policies on america. then, biden's big call and supreme court nominee as justice stephen breyer announces his retirement. will joe biden's pick be the progressives' pick? if alan dershowitz weighs in on the supreme court moves and vice president kamala harris' deciding vote. then, release the transcripts. questions are swirling on what went down on two phone calls of
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president biden's, one with ukrainian president zelensky, the other with ccp head xi jinping. >> the answer is that we did, i did raise the question of transparency. i've spent a lot of time with him. he, in fact, he's just not being transparent. maria: not being transparent, that's it. coming up, former director of intelligence john ratcliffe on the origins of covid-19 and the intelligence behind china and russia's deceptions. plus, joe biden moves to protect the ukraine border but blows off his own southern border. mexican cartels are making $100 million a week on human trafficking. drugs made in china have become the number one killer of americans as texas governor greg ab a bot told me weekend. >> of the age group 18-45, this past year more people died of fentanyl than from covid, car
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wrecks, than from cancer. this is deadly, and we have a president who is allowing it to continue coming across the border. it's coming from china, through mexico to the united states. a deadly dose of fentanyl is 2 milligrams, smaller than two grains of salt. and before the end of this year, there will be enough fentanyl seized to kill all in america. and so this is an existential threat to the united states. maria: and yet evidence of corruption at the highest levels. the biden family along with leading lawmakers in congress -- business exposed. peter is schweizer is here unleashing the money being made at america's expense. all that right here, right now on "sunday morning futures." ♪ ♪ maria: and first this morning, u.s. officials are hoping to
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unleash economic sanctions against russia. should it invade ukraine. a senate vote expected this week as russia surrounds ukraine with a military buildup some 150,000 troops strong. take a look at this military in ukraine. reportedly, this program includes supplies of blood percent wounded. last -- for the wounded. last week on this program arkansas senator tom cotton discussed his expectations for a possible russia invasion. >> according to all the reports i've seen, he's probably 1-3 weeks away from are being fully prepared, having all the come watt-enable aing -- combat-enabling troops he needs on the border. he may also want to wait a little bit later into the depths of winter when the ground is more fully frozen for ease of maneuver for armored personnel carriers and tanks. i don't think we can be complacent though and think we have a week, two weeks or three weeks. this could happen at any moment. maria: my next guest is working
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on that bipartisan sanctions package, wyoming senator john barrasso is here, the third ranking member in the senate and the ranking member on the senate energy committee. senator, it's great to see you this morning. thanks so much for being here. >> great to be with you, maria. maria: can you walk us through what sanctions package looks like that you and your colleagues are working on on a bipartisan levelsome when would you expect this to come to the senate floor for a vote? >> yes, maria. we need to sanction russia before an invasion, not aftera wars. and here's the reason, let's put this into perspective. vladimir putin is like the big, bad wolf. he is huffing and puffing, and he has the capacity basically to blow ukraine down. he's accountable to no one, and he views our president, joe bodien, as weak -- joe biden, as weak and ineffective. we immediate to put in sanctions now so putin will see just what pain he will suffer if he does invade and they have to hit him militarily as well as economically. from a military standpoint, we
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need to make sure now that a ukraine has all the weapons that they need to defend themselves. we know what they've asked for, anti-tank, anti-aircraft instruments. they also, we also need to put into place financial issues which will hit ukraine now and specifically interfering with their ability to transact international business in dollars. now, the biggest sledgehammer we have, of course, is energy and the nord stream 2 pipeline. this is the area, maria, that joe biden has been the weakest because he has already approved that pipeline months ago. maria: well, i mean, that was my next question. you know, it's odd to me that the one leverage point you all have against russia is something that joe biden gave to russia six months ago, the nord stream 2 pipeline. is there agreement on all of in that you've mention ifed, and how big is this package? >> well, there's agreement on the others, we hope to vote on it this week. the final sticking point is nord stream 2.
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germany's saying they're delaying the approval of the pipeline for the next six months. i want to permanently stop that pipeline. you know that vladimir putin very effectively uses energy as a weapon. he uses it against other countries. he uses it to fund his military. ask joe biden has played right into his hands by killing the keystone xl pipeline in this country and making it harder for us to use the energy we have in america right now. maria: yeah. i mean, is there any acknowledgment on the part of the white house that here you are negotiating amongst yourselves in a bipartisan way to try to get a packaging through -- a package through and yet germany is resisting because, of course, germany is reliant on russia a for nat gas, and it's because of the biden policy to bless the gas flowing from russia into germany. >> well, you're absolutely right. and in america right now, people
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are paying the highest prices in seven years for energy. and this is a jackpot for vladimir putin who's using all of this extra money as his cash cow to fund his aggression. look, we were energy dominant before joe biden became president, now we're energy dependent x. what you've seen in the last year is widen has had to go to opec plus russia to ask for more energy. so this is the money that's funding their efforts. we are right now in the united states using twice as much imported crude oil from russia than we were a year ago a. we are much better internationally if we are selling our energy to our friends than if we have to buy it from our enemies, and this white house does not seem to believe it or acknowledge it. if. maria: yeah. and you've talked about this a lot in terms of what you call biden's year of failure, going through the economy. inflation, 70% of people disapprove.
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covid, the border, afghanistan and crime. the president just said he had a terrific year. he said that jobs are plentiful, and you see it differently. >> well, i do. joe -- this has been an epic failure of a year for joe biden. he came in promising that he would unite the country, and he would put covid behind us. and he has done the exact opposite. he has divided the country and ignored the concerns of the american people. inflation in one year is at a 40-year high. people's paychecks aren't keeping up, they're feeling the pain every day. crime in the cities, the border. you were just down there and saw that, i think it was your fourth trip. with the virus, this president was woefully unprepared when the new variant came. they didn't have the testing, they didn't have the treatment because he was so fixated on his mandate. and then there's afghanistan. these were all pail yours, and there are easy -- failures, and there are easy solutions people agree on such as let's produce if more american energy.
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that'll bring down the prices. let's defend the police, not defund the police. we know what to do with the border in terms of the remain in mexico policy, finish the wall. we know what happened to do with all of these things. the president is ignoring the needs of the american people. maria: well, i mean, where is the accountability? you're right, i just got back from the southern border for the fourth time, and i spoke with a number of a.g.s, 13 of them, down there at the border, and we saw a lot of these issues up close and personal together. one of those a.g.s, patrick morrissey from west virginia, is calling on heads to roll as a result of this wide open border that has created and allowed human trafficking and drugs to flow into this country. listen to what the a.g. of west virginia wants to happen now. >> the homeland security secretary, mayorkas, his position should be terminated right now. he needs to be fired immediately because you can't allow this kind of senseless death to keep
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going on and just say, oh, well, there's nothing we can do. maria: what are your thoughts? should alejandro mayorkas step down? >> well, number one, it was your fourth trip to the border, joe biden hasn't been there since 2008, and that was a drive-by. he doesn't seem to care about the border and what's coming through in terms of criminals, in terms of drug dealers and in terms of the drugs themselves. he's ignoring all of that. his position on the border seems to be you get to the u.s., you can stay, and then the democrats want to provide amnesty. i mean, you talk about the department of homeland security, border security, you have democrats including the vice president, kamala harris, who wanted to eliminate immigration and customs enforcement across the country. that's the problem. you know, maria, that over last three months more illegal immigrants have come into this country carrying all different things with them, and over those three months that was more than in the entire year of 2020.
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two-thirds of americans say this president is doing a really bad job at the border. we immediate to take back the house concern we need to take back the house and the senate. one house alone isn't enough to be able to stop what this president is doing to our nation at the border. maria: yeah. but, senator, i guess i'm getting at we never see accountability. so we continue to see, you know, death and destruction as a result of this wide open border. we we also have seen no accountability as a result of the botched afghanistan withdrawal where we lost 17 of our -- 13, rather, of our servicemen if, 13 servicemen are dead as a result are. now, you would like to have an open hearing with senator -- secretary blinken and secretary austin. tell me about what you're planning in terms of an afghanistan closed-door hearing. we have a copy of the letter that you signed to chairman reed and chairman menendez asking for an open hearing to get details on what was behind the decision
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making to leave the way we did in afghanistan. what can you tell us? >> well, there's a classified briefing for selected senators on the foreign policy committee as well as the arm ad services committee. that's -- armed services committee. that's this wednesday. every republican on those committees has signed a letter saying this should be open. this doesn't need to be classified. the american people need to know what is happening, we need accountability. this came up yesterday when i was meeting with a number of veterans on issues like this. it's been five months. we lost 13 soldiers during this deadly withdrawal, one with of them riley mccollum is a young man from wyoming, high school wrestling champ. in addition to those that a we lost, we left over a billion dollars of military equipment on the ground in afghanistan. we left american citizens behind. on item after item, we left the taliban in charge, and what did the president call this? an extraordinary success. this was a terrible failure.
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not one person has lost their job in the state department, in the department of defense. no one has been held accountable. we want the american people to get the accountability, not just classified information behind closed doors. maria: well, the same thing on crime, senator. i mean, look at these pictures of the funeral for nypd officer jason rivera in new york friday. it is just so heartbreaking. condolences from me and this entire program to his family. it was a hero's good-bye, condolences as the nation mourned nypd officer jason rivera with a uniformed presence saluting the officer murdered last week. crime is spiking across the country, highest in 25 years. have you heard any if answers about this? -- any answers about this from the democrats who are talking about reimagining the police and defunding the police over the whole year under joe biden? >> no. and it is heartbreaking.
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wonderful to see that sort of turnout and support. the democrats' policies are behind all of this. the border policy of essentially an open border come and stay, and then the policies related to defunding the police. i mean, that's what the democrats have been calling for. maria: right. >> and the president has basically turned over the nominations to some of the highest positions in his department of justice to the liberal left -- maria: yeah. >> you have people in those high positions who want to defund the police, and they've been calling for that, and they're in the justice department of the united states. maria: okay. >> it is criminal, what this president has been doing in the terms of our nation and our nation's security. maria: well, we're going to talk about the upcoming supreme court justice vote as well. we'll see the he nominates an activist and then extreme left person for the scotus position as well. senator, thanks for being here, we appreciate it. we'll be right back.
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♪ ♪ >> i have not taken a penny from any foreign source ever in my life. we learned this president paid 50 times the tax in china as a secret bank account with china, does business in china and, in fact, is talking about me taking money? i have not taken a single penny from any country whatsoever. maria: wow. that was then-candidate joe biden at the final presidential debate back in october of 2020 uncysting that he never profited from -- insisting that he never profited from his son, hunter biden, business deals. my next guest out with bombshell evidence that exposes the entire biden family's deep conflicts for accepting money and gifts from top levels of chinese intelligence and the chinese communist party. peter schweizer is the author of the new book "red-handed: how
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american elites get rich helping china one," is the number one book on amazon. peter, thanks very much. your reaction to what you just heard at that joe biden and -- what we heard from him in october 2020 right before the election. >> yeah. it's a pretty remarkable thing. i mean, i guess technically it's true in that he didn't directly take the money, but as we point out in the book, hunter biden complained to family members that he was having to send half of his money to pop, meaning his father. that's money he collected overseas. and there's plenty of evidence of him paying his father's bills while he wases vice president of the united states. and all of that money came from foreign sources. so joe biden is being deceptive and not honest with the american people when he makes that statement. maria: yeah. i mean, we've got a graphic here of a text from hunter biden to his daughter, naomi, and he says i hope you all can do what i did and pay for everything for the
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entire family for 30 years. it's really hard but, don't worry, unlike pops -- joe -- i won't make you give me half your salary. what was going on? hunter biden is rolling in the dough, and he's paying all the family bills? >> yeah. he's paying a lot of the family bills, and some of the money from china we know goes to james biden. what's important, maria, to understand is people want to think of this as a hunter biden problem or a corruption problem. when you look at the origins of this money, we wanted to look at the deals that hunter biden got in china and figure out who opened the doors and made those deals happen. and i have to tell you, maria, of the five deals we know of, every single one of them points to an official in china who has linked to the -- links to the highest levels of chinese intelligence meaning the vice minister for state security who has responsibility for foreign recruitment, the former minister of state security's family
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himself, the list goes on and on. so this is not just a question anymore of corruption, self-dealing, self-enrichment. you have to start asking the question china had a concerted effort to, let's say, undermine this family, and this family, i would say, we have to ask serious questions about whether they're compromised. maria: pete, i want to ask you if this is treason, illegal, and then i want to get your take on the real reason nancy pelosi refuses to hold hearings on the origin of covid. we'll also talk silicon valley. quick break and then we've got more with peter schweizer. stay with us. nice! you got it. and thanks to voya, i'm confident about my future. oh dad, the twins are now... ...vegan. i know, i got 'em some of those plant burgers. - nice! - yeah. voya provides guidance for the right investments and helps me be prepared for unexpected events. they make me feel like i've got it all under control. [crowd] yeah!
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maria: welcome back. we are back with peter schweizer, author of the new book, "red-handed," president of government accountability
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institute. we're talking about the conflicts joe biden and his family have with china. this is not just a legality question, this is an issue of national security. you have reported that the biden family accepted $31 million. do you believe this is treason given the fact that the ccp is an adversary of america? >> well, look, all i can say, maria, is i'm old enough to remember the cold war when we were combating the evil empire of the soviet union, and it's unfathomable to me that we would have tolerated at that time an american first family or second family, the vice presidency, doing business deals with russian businessmen who are business partners with the highest levels of the kgb. i don't understand why it's different for china. china has the same goals as the soviet union. they want to supplant us. so people, i think, in washington have to get serious about this. this is not a partisan issue, it's a national security issue. maria: yeah, for sure. and, of course, we've got the evidence right in front of us. this e-mail that we've reported
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on now for a few years, tony bob linskey, a partner of hunter biden at the time, we mails back and forth to chinese executives, officials saying here's how we're going to do the deal of oil company, 20% for hunter, it goes down the list as well as the partners and at the end 10% held by h, meaning hunter, for the big guy. so the big guy, apparently, is joe biden. where is this going? i mean, you know, social media has censored all of this. >> they have. and as i point out in the book, the big tech companies, all of them -- microsoft, google -- also have their, i would argue, compromised relationships with china. so it's a big problem, maria. american elites from wall street to silicon valley, a lot of them in washington, d.c., republicans and democrats, we name names. they all have commercial ties with china. and, look, china's not looking
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for them to be robots on every issue. as i point out, the china strategy going back to the mao era when they forge these relationships, what they're looking for is, loosely translatedded to english, big help with a little bad mouth. so as long as you're helping them on the big things, they don't care if you occasionally ding them for the uighurs or complain about human rights violations. if you're doing the core stuff that's important to them, they will be happy, and the money will keep flowing, and that's the inherent problem that we face today. maria: well, it's extraordinary to me that nancy pelosi has not had one hearing on the origins of covid. why not? is it because she's conflicted as well? you report about nancy and paul pelosi in the book. if. >> yeah, that's right. i mean, nancy pelosi used to be a hawk on china, and then something happened in the late 2000s. her husband started doing deals in china. he was a partner investor in an
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investment firm, he held about a $10 million stake in that firm that was investing in mainland china. he was involved with two limousine companies. remember the 2008 beijing olympics, nancy pelosi initially supported a boycott. but the two limousine companies that her husband owned part of got contracts to ferry vips around the beijing olympics in 2008, she changed her position. her son also, paul pelosi jr., has also sought deals in mainland china. so this is a problem. and, again, she may ding them occasionally on the uighurs, but on the big, important things like exposing covid, she has not allowed a single congressional hearing on that subject in the last two years. maria: i mean, that is incredible. almost a million people are dead because of covid. we know all the circumstantial evidence is a lab leak in the wu hon institute of virology, and not one hearing. you also report about dianne
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feinstein, she was the chairman of the intel committee in the senate while her husband invested in a chinese computer company that sold computers to the u.s. military. and again, it's just extraordinary. big tech is right there. you report on microsoft and bill gates. what can you tell us? >> well, i would -- microsoft, bill gates and also google sponsor artificial intelligence research in china with laboratories that are known to be linked to the chinese military. in fact, microsoft, believe it or not, accepts interns from the people's liberation army. why is this important? well, president xi himself has a said whoever wins the race in artificial intelligence will gain, quote-unquote, the commanding heights in the competition for world domination in technology. so our biggest tech firms are actually aiding and abetting beijing in the art firm -- artificial intelligence race against the united states. and there are numerous other
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examples of bill gates investing personally in companies that develop military technologies. and bill gates also functions as an adviser of sorts to the beijing government. he joined something called the chinese academy of engineering which is not like it sounds. it's a communist party or controlled organization. and its job is to advise the chinese government on achieving technological advancement and superiority. so it's -- maria: unbelievable. >> -- an enormous problem. all the big firms are involved. maria: yeah. and let me just point out that under the trump administration google pulled working with the u.s. government and allowing the u.s. government to use its a.i. because the employees balked, they didn't want to work with donald trump. i mean, the story and how this has played out is just extraordinary. they obviously do not think there's a difference if the chinese empire is the number one superpower on how hair children will be raised -- their children will be raised. peter, thanks for unleashing all
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of this. the expose is a must-read. peter schweizer. as i mentioned, one million americans dead from cocovid but not one hearing in congress on the origins of covid-19. why won't nancy pelosi bring this to the floor? john ratcliffe is here on that and why china is now trying to buy land near u.s. military bases. join me tomorrow on fox business with the realities, meanwhile, of the wide open southern border. americans are faced with mexican cartels making $100 million a week on human trafficking. the drugs flowing in are killing americans. tune in tomorrow morning, "mornings with maria" is live from 6-9 a.m. eastern on fox business. we'll be right back. ♪ ♪ ca. his girlfriend just caught the bouquet, so he's checking in on that ring fund. oh, that photographer? he's looking for something a little more zen, so he's thinking, “i'll open a yoga studio.”
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♪ >> this week germany has not only refused to provide ukraine with anti-armor and anti-aircraft weapons, they're actually blocking other nato companies from providing those weapons to ukraine. this is in part because germany is now so dependent on russian gas. maria: that was arkansas senator tom cotton on this program last week on germany's reliance on russian gas after the biden administration allowed the nord stream 2 gas pipeline to flow into germany last year. my next guest tried to stop it throughout his time in the trump administration. former director of intelligence john ratcliffe joins me to address the standoff over a
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potential invasion of ukraine. director, thanks so much for being here. how do you assess the germany end of this since, you know, biden seems to think germany's going to go along with the u.s. >> yeah. well, that just underscores what a bad strategy the biden administration has taken with respect to the whole russia-ukraine crisis. look, germany's made poor decisions, as senate cotton talked about, to essentially put germany and the rest of europe essentially in a hostage position with russia with regard to the flow of energy into europe. we knew that. in the trump administration. we were aware that, for instance, angela merkel's predecessor as the german chancellor is now the ceo of largest russian oil company. so, you know, the idea that germany ought to be working with us in stopping russia on these particular issues was something
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that we understood that, you know, although germany is an ally, that we weren't trusting them to lead on these issues. and it's why, you know, the things that you see russia doing now weren't taking place in the trump administration. but, you know, where we stand on right now, you know, this whole approach by the biden administration really underscores that we all hope that there's a good outcome, but if it does happen, it's going to happen in spite of joe biden and the decisions he's making on this issue, not because of that. you only need to look at the actions of the ukrainian president and what he's had to do in the last week. within who two hours of joe biden's press conference on issue, the ukrainian president had to tweet out there are no small incursions, there are no small nations, there are no small casualties, essentially saying don't listen to what joe biden is saying. he followed that up a day later after joe biden really set off a panic saying we can't protect americans in kiev and calling on them to leave, you know, zelensky had to come out and
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say, hey, kiev is safer than most u.s. cities. and then even yesterday what zelensky said is what many of us have been saying on shows like this, maria, for the past month or so which is that the time to provide ukrainian support in terms of sanctions against russia and weapon arely to ukraine is now, not after russia invades. so, you know, i think president zelensky, you know, would probably tell you with friends like joe biden, who needs if enemies? maria: yeah. i mean, it's incredible to me that under president biden you've got all of our adversaries abouting up. there's iran as well -- acting up. iran as well backing the houthis who are striking abu dhabi, unbelievably. let's talk about iran for a moment because we had news there. secretary blinken saying that the window is closing. where is this headed? do you think that joe biden is going to get the u.s. back into a nuclear deal and iran, the
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iranians, won't even talk directly to the u.s., right? >> right. no, this is headed in a terrible place, maria. look, we handed off a year ago peace in the middle east on the heels of the abraham accords in part because russia -- i mean, iran was poorer, weaker and less influential than they've been in a hong, long time. long, long time. they were literally on the verge of bankruptcy. we had prosecute their terrorist leaders to final justice like qassem soleimani, and now you look at what's happening. in one short year, how the tables have turned. as you have talked about, the biden administration has literally begged iran back to the negotiating table to try and rehabilitate the failed iranian nuclear deal, and we're not even allowed to negotiate on our behalf. our two biggest adversaries, china and russia, are negotiating with iran. and you don't need to take my word for how badly things are going. joe biden's own team members,
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negotiating teams, have leave -- are leaving because they've characterized it as too soft, making too many concessions. not only giving as much as $10 billion in cash to iran, but lifting sanctions on the central bank, on the iranian national oil company, on the irgc, the revolutionary guard. i mean, maria, it's bad must have to negotiate with terrorists. essentially, joe biden's giving hem a blank check and, you know, i think unfortunately where this is headed is the iranians are playing us, our biggest ally in the middle east, israel, is saying iran is playing you. they're at breakout trying to finish getting to a nuclear weapon, and you need to go back to the trump maximum pressure campaign, but i don't think we're going another that in the administration. and i fear that joe biden's going to allow iran to become the tenth member of the iranian -- i mean, of the nuclear club of nations. which would be a legacy that
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presidents are going to have to deal with for a long, long time after joe biden is gone. maria: and then, john, there's china. finally somebody confronts joe biden about speaking with shi ginning ping -- xi jinping four times over the last year and not once bringing up the origins of covid-19. he claims he did. let's look at this exchange right here in the last week and a half many. watch. >> you didn't press for transparency and also whether that has anything to do with your son's involvement in an a investment firm controlled by chinese state-owned entities. >> the answer is that we did, i did raise the question of transparency. i spent a lot of of time with him. and he, the fact is that they're just not, they're just not being transparent. >> transparency on the coronavirus origins. >> yes. >> and -- you did. >> yeah. >> is there a reason your press staff was unaware of that? and what did you say to the
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chinese president? >> and they weren't with me the entire time. maria: they weren't with him the entire time, john, and he says, yeah, they're just not going to be transparent. why don't they just release the splint i'm not buying that he even brought it up, but even if he did, what do you think about his answer there? >> well, none of that's good. you know, does not remember the conversation he had with president xi. if he had a three-and-a-half hour summit, i'm not sure what's worse, that he did raise issue as he's now claiming, contrary to press reports, that he did raise the issue that the a u.s. intelligence community, all 18 agencies find that the lab leak at wuhan is one of only two plausible explanations that caused the pandemic and killed a million americans or that president, and i's response to that was, as you just heard from joe biden, no, we're not going to cooperate, you know, go pound sand, get lost, you know? none of those scenarios is good,
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you know? right now what we do know is that our intelligence community has made, assessed with confidence that the has been leak is one of only two possiblf only two possible explanations for the pandemic. and when our president raises it with the leader of china and tells us his response is, hey, get lost, we're not going to cooperate, that tells you how they are viewing leadership in the white house, that they will do what they want, when they want with impunity with regard to the united states. maria: yeah. >> and it's why you see these statements coming out of china, out of russia, out of iran where they are dictating to the united states what's going to happen instead of the u.s. leading and dictating to the rest of the world. maria: so, director, real quick before you go, we just had peter schweizer talking about the $31 million that owe biden accepted -- hunter biden accepted. is treason? you were a prosecutor, a lawyer, a resumé that's rich.
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tell us, is it treasonsome. >> well, the way to find out is to have hearings in congress that get to the bottom of china and these connections. as you talked about a, nancy pelosi habit held that. i've talked to ken mccarthy about the fact that, look, there ought to be hearings into covid and the connections with china and our officials here, and that's the opportunity to get those answers. maria: okay. thank you, john ratcliffe. good to see you. we'll be right back. >> you bet. ♪ ♪ : r-work decompression zone. so when my windshield broke... >> woman: what?! >> vo: ...i searched for someone who really knew my car. i found the experts at safelite autoglass. with their exclusive technology, they fixed my windshield... then recalibrated the camera attached to my glass so my safety systems still work. who knew that was a thing?! >> woman: safelite has service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪
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maria: welcome back. this week news leaked of justice stephen breyer's upcoming retirement. it forced the supreme court justice to announce he will retire at the end of his term giving biden his first opportunity to nominate a justice and make good on his campaign promise to nominate a black woman to the high court. joining me right now, a man who has known justice breyer for 60 years, constitutional attorney alan dershowitz is here.
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great to see you, alan, thanks very much for being here. your reaction to what took place this week. was justice breyer forced to announce retirement? >> well, i think the leaking of his intended retirement was probably designed to make sure he sticks to it. stephen is not going to be pushed around, and i think efforts the try to get him to retire may have backfired. but i knew right from the beginning that he would retire at the end of his term. he didn't want to be accused of doing what justice ginsburg did, and that is allowing the other side to replace him. stephen said over and over again he does not want to be replaced by somebody who will undo his quarter century of heritage. and that is an a understandable position by somebody who's been a judge for so long and has had such great influence on the judiciary. maria: well, the progressives have run so many decisions that joe biden has made. assess biden's criteria for
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replacing justice breyer. he's already said he plans to select the next justice based on race and gender, alan. mr. turley, jonathan turley, said it raises a question on whether it's actually appropriate for a politician to use such a criteria that the court itself has found unconstitutional. >> yeah. i would go even further. i think it may be unconstitutional. if he had said he was going to appoint the first black -- the first muslim to the court, that would be unconstitutional because the cushion, article vi -- the constitution, article vi specifically provides no religious test shall ever be required. i think that should be extended to racial and gender texts. nobody should be excluded because they don't fit a racial or gender criteria. there are enormous numbers of qualified black judges and professors who would make great appointees to the supreme court, and i would applaud if the president appointed somebody who also fit those criteria. but to announce in advance no
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whites, no males need apply brings us back to the days when the supreme court was an exclusively white male institution. after all, it's only had 13 catholics, 8 jews, 3 women, and almost all recent. it was an exclusive organization for many years, and race and gender should never play a role in the selection process. maria: wow. yeah. alan, i want to get your ache on the idea that it's a 50-50 senate and vice president kamala harris will likely be or may be the diseasing vote on who -- deciding vote on who the next justice is. we'll take a break and zero in on that, plus "the new york times" versus sarah palin. get your take on that next. alan dershowitz is here. financ. ♪ ♪ find a northwestern mutual advisor at nm.com are you taking a statin drug to reduce cholesterol? it can also deplete your coq10 levels. ♪ ♪
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maria: welcome back. and i am back with legal scholar
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alan dershowitz. i know that you ruled out the possibility that a joe biden will nominate kamala harris to the supreme court. what are your thoughts on the idea that kamala might be the deciding vote on who gets the job? we have separation of powers to prevent one branch of government from having too much control. your thoughts. >> yeah. and i think the historians and academics are divided as to whether or not the vice president gets to break a tie on confirmation as distinguished from legislation are. and you don't want a justice of the supreme court to be both nominated and confirmed by the executive branch. the senate is supposed the advise and consent. and so i think it would really delegitimate a justice who was not voted by a majority of actual senators. and i hope the president appoints somebody who will get some republican support, somebody who's more like steve breyer, a kind of moderate, progressive, centrist but not radical leftist who will be a
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knee-jerk, predictive vote for the left on every issue. if he doesn't do that, it are will be 50-50. if he does nominate if somebody who's more like stephen breyer, the vote will probably not require it to be decided by the vice president. maria: yeah. that is great analysis, alan. a quick comment if on this case beginning monday in federal court in lower manhattan, sarah palin v. "the new york times." how to you see this? >> well, i hope sarah palin wins because i have a suit against cnn for doctoring a tape of something i said. the media should not be exempt. i was a law clerk when new york times v. sullivan was decided, and i think supreme court is ready to redefine what malice means. after all a, "the new york times" made an honest mistake, but the new york times has a history of making mistakes only against the right and in favor of the left. and if palin's lawyers can document a history of "the new york times" always erring on one
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side rather than the other, it will show a reckless disregard which might fit criteria for malice. i have no doubt -- maria: all right. alan, thank you. ♪ thank you so much. alan dershowitz. have a great sunday, everybody. i'm maria bartiromo, and i'll see you tomorrow on fox business. ♪ ♪ schwab starter kit™. new investors can open an account and get $50 to split across the top five stocks in the s&p 500®. you can also unlock short videos, step-by-step guides, and other easy-to-use tools designed for people just getting started. plus, investment professionals are on standby 24/7 if you ever have a question. it's the smarter way to start investing. ♪
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♪ ♪ howard: from the moment the white house got upstaged by a leak to pete williams, the retirement of stephen breyer or has dominated the news. don't buy the spin that the 83-year-old justice essentially woke up one day and decided he had enough. breyer had been under enormous pressure from democrats and media liberals to surrender his seat while joe biden still has nominal control of the senate. the coverage has been turbo-charged by the biden cam campaign promise to name a black

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