i guess you won't tell me. >> that's what i do think. >> martha: you're not answering my question. why won't he? tomi, you take 30 seconds and answer the question from your opinion. >> well, i think our president quite frankly doesn't care about our national security or the democrats see more of a long-term plan to give illegal aliens the right to vote, mass amnesty or whatever you want to call it. i also think -- >> martha: hold on. go ahead, tomi. >> this president could reinstate remain in mexico, he could finish the border wall, end catch and release and he won't do it. >> martha: it's bizarre. hard to wrap your head around. richard and tomi, thanks very much. that's "the story" for today. we'll see you back tomorrow at 3:00. stay with us. "your world" starts right now. >> on this vote, the yays are 352 and the nays are 65.

>> with every lip sync video, american users are unknowingly contributing to a vast surveillance apparatus. >> i do think we should protect national security. this is not the right way. >> the very much about the ccp and their ability to own data and use that data nefariously against our national security interests. >> there's serious national security concerns. i think the way the bill is crafted was problematic. >> so many small businesses on here. people are surviving off of this app. >> there's no doubt they're collecting our data through tik tok. >> i feel like it's not deep enough to where it should be banned. >> ban tik tok and you're banning financial security from others. >> there's no concerns of the app continuing as long as tik tok makes the choice to break up with the chinese communist party. >> neil: tick rocked. happened today in the house of representatives by an overwhelming vote. the move right now the usa to say go away to this chinese-run social media phenomenon. young people by and large don't

like what they're hearing and seeing and potentially witnessing. we'll talk to a governor who got rid of it in his state, or is trying to. meantime, the latest from aishah hasnie on capitol hill with what hans news. aishah? >> this bill is now headed to the senate. the path there is pretty unclear right now. the majority leader, chuck schumer is noncommittal and will only say that the economities will take a look at this bill text. despite the fact that this has gotten the endorsement from the intel chair, the intel vice chair, a majority of house democrats, almost 200 house democrats including the majority leader -- including minority leader in the house voted for this. the white house is also endorsing this bill. listen. >> we're going to support it in a technical way obviously. look, we want to make shoe that this bill ensures the threats that we face and is on the

strongest possible legal footing. that's very important. so i'm not going to get ahead of any of those discussions from here. we want to see the senate take swift action. >> tik tok is trying to influence the senate though. they're going to try to kill the bill in the senate putting out a statement saying the process was secret and the bill was jammed through for one reason. it's a ban. we're hopeful the senate will consider the facts. now fox has told that ceo show chu has -- is supposed to be visits senate offices. nobody has seen him on the capitol grounds, neil. this as some of the no votes in the house are trying to explain why their senate colleagues should kill this. >> what would you recommend to republicans, senators? >> again, i look at the constitution. what is the role of the government here, this is not our job to do this. i think there should be a broader conversation about the

role of tech and consumer data. it has to be applied across the board here to every tech company. >> neil, as of right now, it is highly doubtful the senate takes this up for a vote this week. neil? >> neil: got it, aishah. thanks. montana governor greg gianforte is the first to do this in his state, ban tik tok in his state. he still is having a devil of a time trying to get that through and make it happen in his state. when i spoke with him earlier today, he said that is the goal and we should do it nationwide. take a look. >> chinese communist party has used these platforms to spy on americans. china is not our friend. i applaud the house for taking the bipartisan action that they did today. >> neil: this could endanger other social sites and an

avalanche going after social media. what do you think of that argument? >> well, i think this action is restricted to foreign adversaries. we don't want them to have inroads on our mobile devices to spy on americans. that's simple. divest it, continue to use tik tok. this is a multifaceted approach. >> neil: all right. before there was montana governor gianforte, there was the former number number governor, pete ricketts that banned it. senator, very good to have you. >> thanks for having me on. yes, i was the first governor to ban tik tok on our state devices. that is still in place. >> neil: all right. how did that work at the time? again, you focussed on state devices or anyone that worked for the government or the state, if they had such devices or anything like that and this was on it, it would soon be off it.

how did you get it off it? >> required us to go out and not only pushing the policy, but to actually police it with our state teammates. so it didn't happen overnight. we did have to push it. it was completely within my powers to say to our folks in state government, we're not going to allow the chinese communist party to spy on it. good national reasons for it. we had good compliance for it. >> neil: i don't know at this point whether the senate will take up this matter. given the lopsided nature of this vote in the house and overwhelmingly bipartisan, is the pressure on chuck schumer to make this happen? >> it should be. this is important. if you're going to own a tv or radio station, we make you say you're a citizen, you know, a u.s. citizen and you're not a fe felon.

we're talking about adversaries of the united states. they're not u.s. citizens and the communists are felons, this is a terrible system working against us. this is something that we ought to do. the president should come out and not just say he signs the bill but should call chuck schumer and say put this up as quickly as possible. it's not a ban. it's requiring the chinese communist party to divest this in to an american ownership so that we don't have our adversaries spying on us. we would never allow the u.s. government to collect this much money. why are we allowing the chinese to collect this much information? >> neil: i'm glad you clarified what this bill does. it's asking byte dance, the chinese parent company to divest itself of tik tok. i was thinking, senator, even if we got such assurances that byte dance did this, said good-bye, tik tok, you're not part of us, how do we know that byte dance has kept to that and they're still not spy something. >> one of the things we know

about the chinese communist party, they're willing to lie. so just like i had to do, we had the policy, we have to police. we have to police this as well. set up systems to make sure that bias dance has divested, not continuing to provide the information to the chinese communist party. that's going to be true for anybody that falls understood this law. >> neil: there's a lot of young people, i have two sons that are of the age to vote. they're not happy with this move to get rid of tik tok. they think everyone spies on them. maybe they're cynical. they get that from their money. the point is they don't like it. they don't like the notion of the government moving to take something away from them. how do you address that part of the population? >> well, again, this is note a ban of tik tok. byte dance sells it to somebody else and they will continue to operate it. i'm sure they will continue to operate the same way they did before so it can be successful. i don't expect young people to have lost anything here. what we will have stopped is the

chinese communist party from pushing their propaganda on to our people. we wouldn't allow our government to do it. i don't know why we allow the chinese communist party to do it. >> neil: so you have no problem -- they will turn around, the young people and say they're so cynical about this. everyone spies on them. everyone is looking at every stroke i mike. but this is china here. the kid don't care. they have got ten to the age that privacy is not a paramount concern because it's compromised every day with u.s. companies let alone those abroad. what do you say? >> again, i certainly recognize that young people have a different level with regard to how they're comfortable with their private cease. this is a national security is issue. when the chair says it's a good, it's bipartisan, the house showed you it's bipartisan. folks here in d.c. recognize this is a national security issue. we want to make sure we're

protecting our citizens. that's what we're sent to do. this is a bay to do it. the chinese communist party is not our friend. they're a danger to us. the largest existential threat outside this country to us. we have to stop them from taking advantage of our open system and this is one of the ways to do it. >> neil: thank you, senator. very good seeing you. >> thanks, neil. >> neil: we'll be talking about the national security implications with this with mark warner tomorrow on this very show. his thoughts on exactly how we progress here and move beyond this here. meantime, you probably heard that we have already had our rematch set, the exact same contest it was four years ago. the last time we saw this was back in 1956. then the incumbent president in that battle won. what happens now? (♪)

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>> neil: was this like the quickest presidential election year from the start in iowa? all of the contests leading up to that and the drama, it's over. it's finished. we know it's a rematch of four years ago.

but getting to this point startling. let's take a look. >> bursting at the seams slate of republican presidential candidates that is getting darn close to rivalling the size of the 2016 field. >> america can do for anyone what she's done for me. >> i love rocky 3. >> all right. i pity the fool that thinks otherwise. >> i pity the feel. ♪ >> that's a heartbeat awhy from the presidency. are you saying you would turn it down if offered? >> i am. >> i've had enough already tonight of a guy who sounds like chat gpt. >> you claim that donald trump is motivated by vengeance and grievance would be more credible if your entire cam pain were not

based on vengeance and grievance against one man. >> you regret that donald trump wasn't there? >> he's giving joe biden every excuse to not show up for debates in november. >> neil: here we are in iowa. i have to tell you -- >> it's cold here. >> in the history of them doing these caucuses, it's never been colder. >> it's the first step. we're going to do it. you can't sit home. >> iowans love donald trump. so i'd man he will do fine here. >> how do you feel? >> we're so excited. you think we have to be today? >> no. >> i'm not worried. >> i think i know who you look. >> yes. >> why nicki? >> i feel like her message is more positive. i love her energy. i believe she's a natural

leader. >> if people are willing to come out and hear from me, i'm going to show up all the way until the end of this caucus. >> we're facing challenging circumstances. you have to play the hand your dealt and do what you can do to amass support. >> many say you're a young man. you could wait it out, wait until 28. what do you think? retrospect. >> i didn't run to be somebody. i ran to do something. 2024 is a time for choosing for this country. >> neil: the one thing you diggs covered about new hampshire voters, they don't want polls to tell them what to do. >> you want to see a republican. >> there's nobody way i'd vote for anybody but trump. >> to endorse the next president, donald trump. >> neil: were you surprised, disappointed? >> south carolina is a blood sport. i have get with the old guy as

long time. >> neil: it's not to say that democrats aren't running in their own primary. here's the thing. president joe biden isn't even on the ballot. you have to write him in. why isn't he on the ballot? >> he's not on the ballot because of a change in the calendar that does not recognize the results of the new hampshire primary. we don't care what the dnc session. we're here to support joe biden and going to write his name in. >> it's outrageous. the idea that the dnc feels entitled to anoint the president. >> he wouldn't be the first to try that. what do you think of that? you are pushed to the side. >> what i think, we'll see tuesday what the voters of new hampshire have to say. >> let's shock the world tomorrow night. >> williams and murphy are saying the party couldn't ostracize her enough. it's an apparatus built around the king. >> our country was established to prevent the very coronation that we're seeing expressed right now. >> the time has now come to

suspend my campaign. >> you're going to win this primary for us on tuesday and because we're going to win in november. >> this one got us over the top. the republican national committee has just declared us the official nominee. >> neil: hard to believe. a lot of you saying you sped that up. no, the actual campaign season lasted about 3 1/2 minutes like that. it was that fast. that quick. i'd the remiss if i left out what robert f. kennedy jr. did as an independent candidate. he's gathering steam and talking about taking on the two heavyweights, joe biden and donald trump. even know outlining some of the running mates he's considering. he will make a decision in a couple months. aaron rodgers and jesse venturery are rumored to be on the ticket. those are some interesting picks. what do you think? >> i'm a jets fan. so i'm hoping that rodgers is

the quarterback for the jets, not in the white house. listen, i think r.f.k. jr. has appealed to independents. he's done quite well. if he can get enough ballots, i think he can get the 15% threshold. he's the one to watch. he cannot win, but tilt it in one direction or the other. which way remains to be seen. >> neil: it's not a given that we'll have debates in the first place. the last time we didn't have presidential debates was with richard nixon in 1972. he passed on that opportunity as he did four years earlier. didn't seem to hurt him. he got re-elected regardless and got elected first. what do you make of the importance of debates and who it helps or hurts? >> well, certainly in debates in politics, the person who is losing the race wants a lot of debates. trump has said he's willing to debate biden anyplace anywhere but he doesn't like the presidential commission on debates.

has to be a third party that sets these things up. so i think we'll probably have a debate. it's probably part of our culture now. will we have four of them, three presidential and one vice president? probably not. >> neil: robert kennedy did address this. he's itching to get involved. i want you to react to this. >> what do you think -- >> i think that if -- -- we should come out in public but more importantly, to have unscripted debates, unscripted encounters with voters to engage in the debate, which americans expect from a presidential candidate. >> neil: looks like those two guys are not keen on debating each other. might happen. doesn't look like it will. what do you think of that? >> well, i think we're living in a time when the two least

popular mainstream candidates in the history of our country are running, both of them would win the prize for the least popular candidate in the history of a major political party. would hope that both candidates will debate and we should start talking about the issues that concern americans. >> neil: i don't know if there will be debates. it's very hard to get a third candidate in there. ross perot was in it with george h.w. bush when he was going against bill clinton. the debate that rages today that he took from one. others say it was equally taking from both. bobby kennedy, how would that be seen? if he makes to it the debate stage, how do you think he affects the stage and the raice?

>> it would make it more interesting. who knows if no labels has a candidate and it's a four way. you have to qualify. you have to pass the 15% threshold. what r.f.k. jr. has to focus on is getting on ballots. i watched your interview. he would be wise to go to the libertarian party. they have a head start of getting on ballots. it's not easy to do. if you can't get on enough ballots, you can't get in the debates. >> neil: and you know your political history, too. we always look at the role of h. ross perot in 1992 getting 19% of the vote. for my money, the case is what george wallace pulled off. he won all of the southern states. he got 45 electoral votes. and then he took votes away from humphrey and nixon was elected. i'm not sure lightning strikes twice. big differences there. the role of the third-party candidate isn't just that of a

spoiler sometimes. he can rack up quite a few electoral votes. >> that's right. listen, as far as if you're going to bet on independent or a third party, you usually lose. if there was any year that a third party could catch fire it's this year. seven out of ten people don't like this sequel. they're looking for another alternative. that alternative has to be legitimate and be able to get enough ballots. people want to back a winner. some people want to do a protest vote. people usually want to vote on somebody that has a chance to win. >> neil: thanks, bob. we'll see what happens. we'll get details of who robert f. kennedy jr. chooses as his running mate. i'll keep you posted. we have ken langone coming up with us friday. he speaks his mind. the home depot co-founder billionaire had choice words to say about donald trump. now his candidate didn't make

it, where is he going and who is he looking to this go round? he's pretty blunts, pretty clear. he doesn't take any prisoners. you should hear what he talks about now with the business landscape. my special guest on friday. meantime, wouldn't you know my buddy edward lawrence, when he gets a big one, he gets a big o one. the treasury secretary of the united states. she necessarily had to bring up, i guess, some shifting views in the white house about inflation and the economy itself. edward, what did you learn? >> yeah, i'm here in the elizabethtown kentucky. i asked the treasury secretary cut responsible spending in order to balance the budget going forward. you'll want to hear her answer coming up. ep missing out on this? before you were preventing migraine with qulipta? do you remember the pain, the worry, the canceled plans? and look at me now. you'll never truly forget migraine but qulipta reduces attacks

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>> neil: jeh johnson is not just

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talk to your neurologist about vyvgart. ♪ >> neil: you're not imagining. some of the president's top people are flanking and going all over the country to get the word out that things are turning and and the trend is our friend as the american people and we will benefit from that improvement and sooner than you think. edward lawrence caught up with the tre surery secretary, janet yellen that was reflecting the same theme. edward? >> yeah, treasury secretary janet yellen says inflation will come down. she doesn't think stagflation will take hold mainly because of rent prices and the lag in rent. when new rent leases are signed, that will then drag inflation down. delinquencies in credit cards have moved up. that is from historically low levels though. >> i see that as a normalization

rather than a disturbing new trend. >> it does seem like prices are higher when president biden came in to office. what do you say to the family using their credit card to pay for food or could lose their home because of debt with the higher prices? >> i think the single most important metric to judge how households are doing is their spending power. >> more people are spending, racking up 1.13 trillion in credit card debt. that is a regard in this. the federal government is also racking up some debt related to this. 34 trillion is the national debt. so i asked the secretary about the president's proposal in spending 7.3 trillion for fiscal year 2025. listen. >> even if you add up the deficits from now through 2034, it's $18 trillion. add that to 34.5 trillion that

we have. looking at 53 trillion for the debt. why not cut something now in order to get there? >> the president's budget cuts deficits by three trillion over the next decade relative to the baseline. we do have a growing economy with the president's budget. what it does is stabilized the ratio of debt to gdp or debt relative to the economy. >> and she says even with the higher interest rates, this debt we have now and that we could have until 2034 under the president's proposed budget, it's manageable. >> neil: she's stepped back from the idea that inflation is transitory. it isn't. now they're trying to go full steam, things are going up and things are looking better, right? >> and they're taking a time frame look at this.

so she picked for me, when i talked about wages, she's picked a time in march of 2019 and compared average hourly wages to where they are now. if you look at the day president biden came in to office to where they are now, wages are down 2.5%. they're looking at inflation, look at 2022 and peak levels in june. they're down from now. that's not when president biden got in to office. he got in office in january of 2021. if you pick the time frame, you can make the numbers look good. that's what they're doing. they're picking the time frame saying from that point things are getting better, which is true. >> neil: she avoided talking about the federal reserve. the improve in inflation owes more to the federal reserve aggressively hiking rates to slow that down. your thoughts. >> yeah, exactly. that's what the federal reserve did their job. government spending was a head wind for the federal reserve. the federal reserve was pushing

back against the government spending that was pushing down. that showed up in the notes that they take from the meetings that that they don't over the last two years. the federal reserve is trying to dampen that down. when you have more spending, more men out there and things get bought up. supply and demand. it costs more. that's been inflation. that's the problem. >> neil: you said it there. a stunningly revealing interview. great job as always. edward lawrence following that in kentucky. meantime, following perhaps a bigger problem, the nation's number 1 concern among voters right now no matter where you go, that's what is happening at the border. for barack obama, it's more about who is getting through at that border, not the sheer number of got-aways, but the worrisome individuals among those got-away. what we're learning and what he's fearing next. i'm sarah escherich, i'm the life enrichment director at independence village, the senior living community in waukee, iowa.

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>> neil: welcome back. we know there's problems at the border. the numbers are staggering. what we learned from top security officials, dangerous folks are coming through and a terrorist attack could come through with these people. jeh johnson calls them as he sees them. god to see you again, secretary. >> nice to see you, neil. >> neil: let's talk about where things stand now. the security officials said the say thing. we got trouble. we have nefarious elements that are probably getting through. to what end? >> first of all, got aways is a great unknown. by definition, you can't know who got away from the border patrol from customs officials. the best we can do is an educated estimate.

when i was in office, we were very focused on what i will refer to as special interest aliens. someone that crosses our southern boreder from the other hemisphere. we have made great strides from detecting somebody from the middle east or the far east enters this hemisphere from south america and works their way up north. while i was in office, there was real success stories in detecting and stopping someone coming from the middle east trying to make their way up through south america, through mexico and to the southern border. the numbers are larger now. so certainly this is an area of concern. it's an area of security concern. >> neil: but you and barack obama were concern about it back

in the day. i get the impression that this president is not aware of the problem. i'm not sure i understand why. i understand criticizing the bipartisan border bill. but almost immediate when he became president, he nixed everything donald trump was doing. whatever the reason, the end result is an impression of the president that didn't want to address and didn't care about what was happening at the border what do you think? >> the border is a top line political issue right now. >> neil: why didn't he get ahead of it early on? >> the same security officials that sounded this alarm work for him. i'm sure this is a concern of his. >> neil: might be now. but you get the impression he had to be kicking and screaming to go to the border and b, to do something about it. >> neil, the answer -- i'll

answer it this way. the problem is bigger now ten years ago when i was in office. the problem got bigger while donald trump was in office in the year 2019. there were one million apprehensions on the southern border. there's something much larger at work now -- >> neil: now it's on steroids. >> no matter who the president is. there's a hemispheric shift northward. what upsets me about this debate sitting in the comfort of my office three blocks up on sixth avenue, it's easier to analyze these problem when you're out of office. a solution is at hand. there is a hard negotiated bipartisan bill negotiated by jim lankford to solve this problem. the frustrating thing about the

immigration system, the broken system, there's solutions, neil. but they are politically unobtainable because this is a politically volatile issue. >> neil: those that voted against it, some say it was donald trump because he said don't do this, it's a political issue, whatever. others say there were enough holes in that deal that -- >> i -- having been the person that owned this problem for three years, i beg to differ. no bill is perfect. this bill -- >> neil: this is better than nothing. >> this was the strongest, most pro border security bill that has been negotiated in tech cade. >> neil: the ones that didn't like it said it did allow for thousands to still get through. >> let's not be the enemy of the good. >> neil: very good point. that's what joe biden said in the state of the union. he's framed it as republicans' fault. now the late interest in this

bipartisan security measure, which is to your point is something. it was bipartisan support. do you think that that is an excuse on his part? if he was so concerned about it, he could have addressed this on his own with a number of measures to seal the deal, to do a lot of the things -- >> there's a limited amount you can do by executive action. the executive can't print money. >> but he took executive actions to stop the border wall. >> i know there's a limited amount you can do in the immigration space through executive action. >> neil: i'll trying to give you an example where he stopped the border wool. you're right. some people say that wasn't the solution but it was a means by which we could stop specific people. >> i would support stopping building a way for the sake of building a wall. there's smart border security. there's places where a wall makes sense and there's places where a wall does not.

>> don't you think that sends a cigna we're open for business? come to america. >> i would agree it's important that we send the right message to central america. neil, i keep coming back to this. the bill that was negotiated would create a title 42-like emergency authority to send people back more quickly. it would raise the bar for how you qualify for asylum. >> with us something. >> it was more than something. it was a good bill. it was a strong bill. >> neil: do you blame donald trump for that? >> i'm not interested in blaming this politician or that politician. as an american citizen, i'm interested in solving the problem. there's some senators -- >> neil: joe biden blamed donald trump for, this you don't. >> i'm not interested in trump versus biden and who is to blame. here's a solution. americans concerned about border security should be writing their representatives in washington,

phoning their representatives in washington saying hey, there's a solution to this problem. vote for this solution. let's deal with the problem. let's stop complaining about the issue and bickering about it. >> neil: barring that, doesn't look likely and you had a chance to come back to washington and try to deal with this yourself. what would be the first thing you would do? >> first thing i would do is go to republicans and democrats and say help me to help you to help your constituents solve this problem. it is a huge problem right now. the numbers are unprecedented over a period of decades. if we're genuinely interested in solving the problem, work with me to do that. there are solutions. there's a fix. its in my right pocket right here. let's vote this bill. >> secretary, great seeing you. i didn't know you were so close. >> right up there.

invite me more. >> neil: i'll keep trying. thanks very much. jeh johnson, barack obama's homeland security secretary. updating you on the stunning decision by a judge to take away 16 of the indictment charges against donald trump. six, i should say. 41 he did not do that with. more after this. ( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand.

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>> neil: we're learning more about the boeing scale where passengers were hitting the roof of the plane. dan springer has more from seattle. dan? >> it's been a very couple months for boeing and especially bad the last week. latam sayser that flight to new zealand that led to 50 people getting injured was a technical event and one of the passengers said it happened, a pilot came back to the cabin and said his instrument panel went black for a second or two. the plane may have temporarily lost power. boeing hasn't confirmed that. monday a united flight had to return to sydney for a maintenance issue. one passenger said he saw the landing gear smoking when it was on the ground. it was a boeing 777. a couple days earlier, a boeing

777 lost a wheel off take off headed for japan. the wheel crushed several cars near the airport. it is being investigated. all this as boeing continues to see more from the incident where a door blew off. there were several part failures. boeing's stock has taken a beating, down 18% the last five days, down 69% for the year to date. they have a lot of damage control and a lot of ground to make up as they have these things pile on top of each other. neil? >> neil: they keep happening. dan springer. mark murphy now a travel expert. i apologize here. we're going to come back and discuss other big issues in the news today including what happened with donald trump in atlanta. the judge there, he's facing what was about a 37-count

indictment -- 47-count indictment. six were taken away. the impact and what happens to fani willis after this. (fisher investments) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our clients' portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's 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, we're clearly different. (smelling) ew. gotta get rid of this. ♪tell me why♪

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♪ ♪ >> neil: all right, we were waiting to hear in a letter concerning the fate of prosecutor fani willis. we did hear from him today but not regarding her or the fact that he is dropping six of the counts against donald trump.

41 of accounts remain. andy mccarthy on the significance of this. andy? >> >> jesse: neil, i don't think it is all that significan. i wish the judge was throwing it out for the right reason, fani willis is trying to criticizing the government. the indictment doesn't describe the six charges with enough sufficiency that you can show how the oath that its claim that the trump people were asking these state officials to violate, they need to specify more how that oath connects to the constitutional responsibilities. >> neil: so, by doing this, some people looked at that inside, well, he might be keeping fani willis. he might not be throwing her off. there is kind of conjoint the two, is that wise? >> i don't think so.

the nine page decision by judge mcafee today did not even allude to the fani willis situation, and that ruling would be the same ruling regardless of who was running the case. >> neil: so if you are dropping, you know, six counts, keeping 41 others, then whether fani willis is there or not, anyone who is thinking of the back of their minds, maybe he is getting rid of all of the prosecutors, maybe he is dropping this entire case, that is not -- that is not this? >> no, there are carico tracks going on, neil. there is the disqualification and all of the pretrial motions that have been filed by all of the different defenders attacking this and that element of the case. so we are seeing kind of boat going on at the same time. >> neil: the original 41 that we were looking at, the 35 we are down to now, get my math backwards here, the six that went away, where they the more serious, or how would you describe them?

>> i'd say that they are -- the most serious is obviously the ricoh because this is a rico case and that is the biggest penalty. these are significant felony counts, not awfully significant and i expect them to reappear, what the judge said in his decision was that they can go back and supersede the indictment, refile it with a more elaborate explanation along the lines of what the judge that was deficient in his ruling. >> neil: so how does this affect the timeline of things? the timeline of this case? does this action today -- anything more to add to the notion that it is going to be delayed? >> yeah, if anything, anything that happens that would induce a prosecutor to have to go back to the grand jury and supersede the indictment is obviously going to entail delay. it is hard to gauge, in this case, how much delay because we don't even have a trial date here. >> neil: so let's step backwards, all of the cases, quite a few we are following. obviously the documents case and

all of that, many of which could see, still being pushed off here. others that might get squeezed in before the election. if you were a betting man, would any of them get decided before the election? or even adjudicated? >> yeah, the alvin bragg case in manhattan is scheduled to go on march 25th. i think that's actually going to happen. that is a six week trial. and jack smith has indicated he is pushing to try even the washington case, the capitol, you know, the january 6th case. even if it was september by the time a supreme court stuff all got sorted out on immunity and obstruction, he'd go forward with that. >> neil: i can't keep up with this. i'm glad you can. andy mccarthy, was good seeing you, my friend vehicle that will do it here. let's go to "the five." ♪ ♪ >> jeanine: hello, everyone. i'm judge jeanine pirro, along with