out a former president who is challenging them in the biden admini administration. your liberties, folks. see you next time on "life, liberty and levin." ♪ >> good even and thank you for joining us, i'm trey gowdy. it is sunday night in america. speaker of the house makes a little more money than the average member of congress, not enough to make up for weeks like the past one. republican agenda and house ground to a halt because of republicans, a dozen gop republicans voted with democrats to keep gop bills from coming to the floor.

members voted against bills they support, same cast from january, who tried to derail the speaker. what point are they trying to make, if any? let's find out. joining us is speaker of the house, kevin mccarthy, from the great state of california. thank you for joining us, mr. speaker. why? why are these members voting with democrats to keep gop bills from coming up for a vote? >> speaker mccarthy: i'm not sure. trey, we missed you serving with us in congress. republicans control the house by five votes, democrats control senate and white house. less than 5% of members voted with democrats to deny us from bringing conservative bills to the floor. if you can't bring floors to the bill, you are turning the house over to democrats. that is why we've got to come

together, we have no choice but to be able to have that conservative voice for the american people. we have been successful from the parents bill of rights, from the investigation, from passing a bill to make us energy independent, bill to secure the border. bill after bill after bill. we just got largest cut in manner history, 2 trillion, brought work requirements back, kept any irs agents from being hired this year. we have a lot of work to turn around and move through and now we have the appropriations process. conservative victories can be put into law. if it turns the floor over to democrats, we'll be in trouble. we have to find a way to move forward. >> trey: you mentioned for several months of your tenure,

you know things are going well, or else opock lips when politico rights a story about house accomplishments, you know something is going on. what i'm trying to figure out, to beir fa, it is not the freedom caucus, with several dozen members, it is a fraction of the caucus, but enough to derail what you want to do. do they have a list of demands? do you have any idea what will get them to allow bills they actually support to come up for a vote? >> speaker mccarthy: i haven't seen a list of demands where to go. this is less than 5% of the conference. what we tried to do when we became the majority, we opened the house back up. no longer bills are a thousand pages, no longer are bills rushed to the floor, you get 72 hours to read it.

it will disrupt people. wooy have to stay together, we have a five-seat majority. if less than 5% and remember what they are doing here, not voting against the bill, denying conservative bills to come to the floor and in essence voting with the democrats. turning the floor over to democrats. democrats are excited about this, any five people can stop anything. this is not freedom caucus, there are members not in freedom caucus. anybody can do this to one another and that is not a good place to be. hope to work this out, move forward and come back with a lot of conservative agenda we've been successful. the president ends up signing it. 400 million are taxpayer money being sent to china in the

global fund. these are ideas signed into law. this success has to continue and hopefully this week we get back on the right track. >> trey: i'll let you go with this question. some measures claim a power-sharing agreement when you were up for speaker in know judge. i'm sitting here doing the math. six people can shut down the gop agenda. you better have a lot of agenda sharing agreement, six people can say, we're not going along. what are they talking about, you will share power with this up groo, but not all the other groups within your conference? >> speaker mccarthy: i will treat everybody equally. if you look at committees and you served and understand that better than others, i've taken philosophical bleach beliefs to

committees. we surpassed that. nondefense below 2022 numbers. defense, rightfully so, we added money to it. republican lindsey graham wants to spend more. secure victories, wor requirements for welfare reform, have to make it into law. we made president biden sign things he never would sign into law and said it was a red line, that is what we did when we stuck together. >> trey: yeah, some people just have a hard time claiming victory for reasons i will never understand. i will end like i started, the speaker makes a little bit more money than the average members in the house, it ain't worth it. thank you for coming on, speaker mccarthy. >> thank you. >> trey: coming up, former president donald trump indicted in a 38-count indictment and will appear in court in miami on

tuesday. john yu joins us next on "sunday night in america."

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night in america." never hays a former president been indicted on federal charges, until now. donald trump is facing 38-counta indictment on charges relating to unlawful possession of national defense material to conspiracy to conceal evidence, make false statements and obstruct an investigation. as i read the indictment, two me names came to mind, o.j. simpson and hillary clinton. when the verdict was read in the o.j. simpson a case, the reacti

to the verdict fell along racia lines. co-workers believed police had framed a guilty man and policee mi misconduct they foun more nauseous than double murder. as far as hillary clinton, special counseasl injected her this case. his indictment laid out president trump's state of mind and he believed outmaneuvered doj.and according to jack smith's indictment, hillary clinton was trump's roadmap. clinton had an e-mail arrangement withh he herself, s kept record from her time as f secretary of state, including items marked classified, she made numerous false statements to you, not fbi because d.o.j. fed her the questions before she

was interviewed. we later learned jim comey rg decided not cha charge clinton even before she was interviewed, they discarded e-mails they wanted to destroy, e-mails were destroyed, witnesses made false statements, yet fbi and doj took a full pass.ad her lawyers served as judge, jury and executioner and doj played along. two wrongs do not make a right. but they do make for a broken justice system. there sye is probably cause for president trump broke the law, the grand jury said as much, audio tape, moving of material, false representation by lawyerse are evidence of consciousness of guilt and evidence trump has nss

been treated differently from and worse than others. his entire presidency was under a cloud based on a conversation in a bar. nots just president trump, jacks smith says no one is above the law, tell that to rachel rawlines. doj concluded she made false statements and yet did nothing. falsnge statements were made in thfae clinton administration an nothing was done. evidence was destroyed in the clinton case and nothing was done. there have been warning lights blinking brightly that doj and the bureau have been politicized. some are treated different from others. almost 30 years since jury acquitted o.j. simpson, was it perceived racism? injustice begets injustice.

relativism begets relativism. unfairness causes others to abandon fairless. police misconduct trumped double murder. when mishandling classified information and obstruction clash with police and prosecutorial misconduct, we shall see what verdict the american people render. rendere >> trey: joining us is former deputy assistant general john yoo. professor, thank you for joining us. 38 counts, false certification seems like damming evidence of knowledge, intent and consciousness of guilt. take donald trump out of it, seems like damming consciousness

of guilt evidence. >> john: great to be back with you. there might be good reason to prosecute dod official, military personnel who did the same thing. you see classified evidence outside of a facility where it is not allowed to be and see it displayed openly and discussed and shown to other people who do not have security clearances and you have description of documents which look like highest level of security, things like attack plans on other country, american nuclear weapon secrets, surveillance of government and discussions. if a normal case, you are right. but this is not a normal case because it involves for first time in history, federprosecuti a former president. >> trey: i will ask what would be tricky evidentiary question,

it is probably not tricky for you. the media is belittling those who happen to remember hillary clinton, but jack smith included reference to her. this was president trump's thinking and state of mind. is it relevant at trump's trial how the fbi and doj treats hillary clinton? >> john: that's a tough question, trey, i defer to you on how to win a case before a jury. they would never let a law professor near anything that important. come on. the state of mind is everything. because i think doj case really doesn't turn on the taking of classified information. otherwise, why didn't they go after vice president pence, or

former vice president. those go to obstruction of justice, lying to federal agents and trying to resist the initial investigation. i think it is fair to say, what would someone in president trump's position think if they are being pursued by a justice department that did, as we learned from the durham reports, exhibit bias when they went after him in 2016, when they launched the robert mueller special counsel probe thchl is critical for trump's defense to show he didn't cooperate because of the way he had been mistreated over the last five years. >> trey: lawyers connected with president trump, they were suggesting the presidential record act trumps espionage act,

that doesn't sound like an argument to me. you think the espionage act is trumped by the presidential records act? >> john: i agree, i don't see that one as a strong argument. there are a number of difficult constitutional questions which you and others have praised. crossing the rubicon of prosecuting a former president, to prosecute the person in the lead in the 2024 election. those are arguments you made in the political sphere. once you get inside the courtroom, i don't see how the presidential record act trumps espionage act. president nixon tried to keep his papers and control them and the supreme court of the united states said congress has a right to take them from the president, has a right to regulate them, the espionage act is very clear about what you can do with

classified documents. i don't think the presidential record act has a lot of legs, but it does give president trump grounds to appeal if convicted, which means this will not end in a year, it could go on to the supreme court. >> trey: i will make a wild prediction here at the very end and predict that if president trump were to be the nominee and win, he would pardon himself, so literally, this case is going to be decided, i think in the court of public opinion. we talk about that court all the time, i've never been in that court, but i think the voting public next fall will decide this case. professor john yoo, thank you for joining us and loaning us your insight. >> great to be with you. >> trey: up next, james comer got his evident. what now? and what exactly is contempt of

congress? james comer and former house oversight chairman jason chaffetz join us after the break. and my a1c was still stuck. my diabetes was out of control. (female announcer) dexcom g7 sends your glucose numbers to your phone or dexcom receiver without painful finger sticks. the arrow shows the direction your glucose is heading-- up, down, or steady-- and because dexcom g7 is the most accurate cgm, you can make better decisions about food, medication, and activity in the moment. after using the dexcom g7, my a1c has never been lower. i lead line dancing three times a week, and i'm just living a great life now. (donna) it's so easy to use. dexcom g7 has given me confidence and control, everything i need is right there on my phone.

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trey: welcome back >> trey: welcome back to "sunday

night in america." when someone is convicted or sentenced, there is review. appellate courts. you can review those decisions, but what happens when there is no arrest, no charge, no prosecution? who gets to review that? neither hunter biden nor joe biden has been charged with anything, there could be no evident iary basis for charging. could be there is some evidence, but not enough. it could be there is plenty of evidence and someone has their thumb on the scale. how will you know if nobody gets to review the document, which is why congress wants to see what the fbi has. congress formed fbi and doj and funds those agencies. when you start something and pay for something, you should be able to see if that something is working as intended.

we know a couple of things a source deemed credible by the fbi, relayed serious allegations by president biden. just because a person is credible does not mean the information is. honest people can get unreliable information, but you should investigate to see. the fbi opened an investigation into president trump based on a conversation in a bar. if you're wondering, that is not great evidence. it is at least double hearsay. he was investigated for years. what about president biden? how did the fbi handle allegations against him in what about rachel rawlines, the attorney from massachusetts appointed by biden. doj told doj she made a false statement and yet nothing was done. which false statements get the

attention of biden's justice department and which do not? why the disparate treatment? congress is entitled to review decisions not to charge. congress cannot interfere with an investigation, but congress can ask what is taking so long and whether there is different treatment for different people. house oversight chairman james comer from the great state of kentucky joins us now. thank you for joining us, mr. chairman, tell us what you wanted from the bureau and judge you wanted it. >> james: we wanted it because we had whistleblowers approach senator grassley about their concern there was form 1023 in existence and the fbi had never investigated it. we requested the form and honestly, trey, the fbi tried to act like the form didn't expect and not until senator grassley

and i got on the phone with director wray and senator grassley told director wray that senator grassley and myself had read the formen it23 from a whistleblower, we knew darn well it existed did he admit it did exist. once the fbi allowed me and jamie raskin, my counter part, on the house oversight committee to look at it. we read two footnotes that referenced other 1023s. this will turn out a lot like the suspicious activity report the treasury department had on the bidens. there is more of these, why hasn't the federal government done anything about it. we brought out that the biden family had 20 shell companies that the sole purpose for the shell companies was to launder

money through six different banks and the banks called it money laundering from foreign nationals and transferred that money to nine different biden families. this is a serious crime and appears only entity investigating it is the house oversight committee. >> trey: your colleague jamie raskin said the matter was investigated and closed. listen to this and i'll ask a question on the other side, chairman. >> that was checked out by the u.s. attorney for the western district of pennsylvania, scott brady and that assessment of this tip came back empty-handed, they said no grounds to escalate from initial assessment to full-blown criminal investigation or preliminary investigation. they said there wasn't enough there.

>> trey: now ag barr, who has a complicated relationship with president trump, says that is completely false. that he didn't close it. what can you tell us? raskin says it was looked at and closed. was it? >> james: no, jamie raskin lied and the fbi told us that it was still part of an ongoing investigation. what i believe has happened, trey, according to bill barr, then attorney general, they got form 1023 and because it was from one of the fbi's most credible, most trusted informants, they took it seriously, did you tell didn't look into it, passed it to the u.s. attorney in delaware. what jamie raskin is talking about is not the same thing. the form 1023 pertaining to joe biden and bribery was passed along according to fbi and bill

barr to the u.s. attorney in delaware, who was investigating joe biden. it also may be turned over to the special counsel. remember, there is a special counsel investigating joe biden for mishandling classified documents, he just hasn't been in the news a lot. according to the fbi and to bill barr, joe biden is currently under investigation for bribery and this gets lost in translation because the media is so focused on donald trump. here is what we know. there are 20 shell companies, at least, probably more, laundering money from foreign nationals, including romania delivering foreign aid and talking about foreign policy, form 1023 alleged the exact same thing happened in ukraine and the reason i think it is credible,

trey, this was dated this last 1023, in june or july of 2020, three years before anybody knew about the shell companies and knew the bidens were laundering money. the informant says the payee alleged he paid the bribe to the bidens and no one would find it because the way they set it up, transferred the money through so many different banks, it would take 10 years for investigators to find out. he laid out the case. the bidens had shell companies set up while he was vice president to be able to profit and launder the money down to the biden families. >> trey: chairman james comer, you had to threaten to hold the fbi director in contempt of congress to get what he claimed didn't exist. chairman, thank you for joining

us on a sunday night. >> james: thanks for having me, trey. >> trey: fbi director christopher wray did avoid contempt of congress. what is contempt of congress? is it real? is it toothless? joining us is fox news contributor and author of "puppeteers," jason chaffetz. we had the current chairman on. you are the former chairman. mark meadows, steve bannon were held in contempt of congress. one prous cuted, one of not. help the public understand contempt of congress. how do they decide who gets prosecuted and who does not? >> jason: it is toothless, my favorite former chairman of the house committee trey gowdy talked about it is only as

strong as your ability to enforce it. if you or i issued subpoena and you did, it goings to u.s. attorney for district of columbia and they never enforce these things and until congress gets a backbone and stands up for itself, it will remain that same. the department of justice cannot interview attorneys at department of justice, there is exclusion there and he makes dozens of referrals over course of time for prosecution and the doj says no. until he has the ability to prosecute people, you will probably not make a difference. you and i, they never gave us handcuff. >> trey: what i know, neither you nor i drink or party, we had pretty boring nights in washington when we served together, so boring we sat around and talked about the contempt statute.

it says "shall," shall prosecute. i know you think thatten moos they have to. but they rarely do. >> jason: no, they just don't. eric holder was held in contempt. we had people we issue subpoenas, they showed up and they didn't go after them. we would have to list out times they don't prosecute, they never go after themselves. they never use the power of the purse, that is supposedly the remedy, they never use it. >> trey: remember you and i had dinner with justice antonin sc scalia, come into, rarely gets used. it's been a week of shocking news. really surprising things, honestly most surprising thing that happened to me this week is someone told me you wrote a

book. i thought they said read a book. but it was wrote a book, is that right? >> jason: yeah, when i went to record the audio, i think trey gowdy said good, now you will get to read it out loud. this is a serious topic, i spent years working on this, it names the names, shows flow of money, if you think joe biden and kamala harris are calling the shorts, you are mtaken. susan rice to gorge soros, this book will do well, if you want to know how things gets done in washington, d.c. >> trey: it's free, right? your website and it is free? >> jason: yeah, no, for a mere penten, you can call trey gowdy

for continuousing. . >> trey: brand-new author, jason chaffetz. thanks for joining us. competition, not conflict. biden approached china is not china's approach to us. ortega weighs in on "sunday night in america" next.

>> trey: welcome back to "sunday night in america." competition, not conflict, that might work with siblings, growing up issue might not work on the global stage. lately series of provocative actses by china threatening to shoot down a plane flying u.s. officials, spy balloons, engaging in naval vessel, threatening taiwan and maybe setting up spying post in cuba. it takes two to fight and takes two to keep the peace. are we headed toward conflict with china and are we prepared? joining us now is former state department spokes person morgan ortega. seems china is bringing

provocation closer to the united states. listen to retired air force general and i'll ask a question on the other side. >> not just about what is going on in society, in cuba, looking at and listening to what military aircraft and ships are doing out in the area of the atlantic ocean. it is significant, it is a concern, if they are to invade taiwan, they will try to create a distraction and good place to have distraction is cuba. >> trey: so whether cuba or floating a spy balloon, what is the biden administration approach to china and what should it be? >> morgan: it has been incredibly cautious, trey. the spy balloon should have been able before it completed its mission over the united states. we let it before we took that

action. i think your viewers have so much going on the news, you covered a lot tonight, but this is a story we can't let fade away. "wall street journal" reported a few days ago that the chinese are pouring into spying military facility 100 mileings from our shore. the administration sought to do the same play book they did, deny it. this is not happening, this is nothing. they realized they could not get away with saying this is nothing until they go on background with reporter to say this has been ha happening since 2019, this is well documented, something we got from the trump administration. this story does not match up. i've spoken to former trump officials and we have no

recollection that is alleged. what is important, year ago in may 2022, biden administration eased sanctions on cube. if you have been inheriting this problem, why ease sanks on cuba if chinese are putting a military facility there? here is what we know. they do not have their story straight. one day the story is wrong, one day the story is right and all trump's fault. >> trey: let me ask you a hard question and i'm not sure i want to hear the answer, i need to hear the answer. do you think we are headed toward a military conflict with china and are we prepared if that does happen? >> morgan: yes, we are headed there. no, we are ncurrently prepared employee need to start preparing

for war, that is only way to prevent it. if you listen to what the chinese communist party is saying, you talked in this segment, it takes two parties for peace or war. if you listen to what says on a consistent basis he talked about chinese and russia have change in the world order the world hasn't seen for 100 years, talked about taiwan being red line for him. what the chinese communist party and leaders say about the united states is combative, not peace talk issue not talking like we're a competitor, talking like a super power they intend on replacing, that is their language and we need to be prepared for that fight. >> trey: you are right, so much news, it is easy for viewers to focus on indictments or drama in

congress and there sits china and the threat is real. thank you, i can't wait to have you back on, thank you for joining us on sunday night. >> morgan: thank you, trey. >> trey: up next, the p.g.a. and liv have fought each other in court and out of court. this week they decided to merge? what in the heck happened? in joing us to break it down is michael breed next. next.

it's something about having that piece of paper. some people think that's worth more than my skills. i've run this place for 20 years, but i still need to prove that i'm more than what you see on paper. you gotta be so good they can't ignore you. it's the way my mind works. i have a very mechanical brain. analytics and empathy. that's how i gain clients. i am more... i'm more than who i am on paper.

>> it's hard for me to not hit up here and no >> it's hard not to sit up here and feel like a sacrificial lamb. i've put myself here and this is what happened. i still -- liv.

i hope it goes away, i think it does. >> trey: that was rory mcilroy, one of the best golfers on the planet. he turned down hundreds of millions of dollars to support the p.g.a. tour and seems like he had the rug pulled out from under him, an expensive persian rug. dechambeau had a different experience. here to make sense of this is old friend who loves the game of golf, host of "course record," michael breed. what happened? they were in court last time i looked and now a merger. what happened?

>> i think what happened was a company got bought that wasn't for sale, easiest way to look at it. when you start taking the p.g.a. tour and all the things they do and the amount of money they have and put against public investment fund of saudi arabia that has $700 billion and they said, we want to own the golfers and golf and people are going, isn't this merger like the afn and the n.f.l.? no, it is not like that, golfers are independent contractors, they are their own company. if they want to sell their company, they can and that is what happened. what eventually occurs, the p.g.a. tour after conversations with smart businessmen say, we can't keep operating this i wa,

we've gone $100 million into our reserve and don't have a lot in our reserve and we need to do something and jimmy dunns, we can make the best of a bad situation and he makes the best of a bad situation and gets in bed with this public investment fund of saudi arabia. we don't even know what this means. they have an entity, not a company, we don't know what they are doing together. we don't know that stuff. the p.g.a. tour and public investment fund of saudi arabia are uniting, we will see it in the game of golf and supposed to be good for the game of golf. >> trey: you are right, no one can go dollar to dollar with saudi arabia, that fund has

closer to $13 trillion, when talking about that amount of money, what difference does it make. do you think the carter page were afraid they were going to lose the lawsuit? or depleted because of litigation? jay monahan was critical of liv to the point he joined them. >> that is what rory mcilroy said, he hates liv and i hate liv, too, because of what they have done to tgolf. p.g.a. has to draw money from the reserve fund to compete with liv and you have more money coming out and next thing you know, you have to make additional payments and your partners, rbc,fedex they are not

getting hit up for more money. you can't just print it on the p.g.a. tour. you get conflict and confusion. there are agitated people right now, a lot of betrayed people when it comes to the p.g.a. tour. the p.g.a. tour needed to do this to stay afloat. otherwise, you have this never-ending pile of money they can go to and start paying players next thing you know, p.g.a. tour is feeder to liv tour. that is not what the p.g.a. wanted and did the best they could. >> trey: i feel sorry for rory mcilroy, kisner and others who said no. i need you to come see me in august for my birthday, you have given me clubs and putters, i

would love titlist t-150 and i'll send you my spe, cs. thank you for spendure your week with us. good night from south carolina. , good night from sout >> carley: a fox news alert, you are looking live at i-95 in philadelphia, clean-up efforts are underway after a porgsz of the highway collapsed after a tanker truck. i'm carley shimkus. >> i'm kevin corke in for todd piro. emergency declaration today to gain federal funds with rebuild of the highway expected to take months. >> prilimnary reports indicate a