This is a rush transcript from "Tucker Carlson Tonight," February 1, 2019. This copy may not be in its final form and may be updated.

TUCKER CARLSON, HOST: Good evening and welcome to “Tucker Carlson Tonight.” An awful lot happening at this hour in the Commonwealth of Virginia. The Governor of Virginia, Ralph Northam made headlines you saw this week by endorsing infanticide on camera. That wasn't a big deal to most people in the national press, but this afternoon on first day of Black History Month, a picture surfaced, a yearbook photograph from 1984 of Northam wearing either blackface or a KKK robe in a photograph. That is a problem for Ralph Northam.

Trace Gallagher is following every development in this story for us tonight and he brings us the latest. Trace?

TRACE GALLAGHER, CORRESPONDENT: And Tucker, we should note for clarity, Virginia Governor, Ralph Northam has now confirmed that he was in the controversial picture in his 1984 medical school yearbook showing someone dressed in a KKK robe and hood and another wearing blackface.

Northam did not state which costume he was wearing, but he did issue a statement that reads in part quoting, "I am deeply sorry for the decision I made to appear as I did in this photo and for the hurt that decision caused then and now. This behavior is not in keeping with who I am today and the values I have fought for throughout my career in the military, in medicine and in public service."

The Virginia Republican Party is condemning the picture saying, quote, "Racism has no place in Virginia. These pictures are wholly inappropriate. If Governor Northam appeared in blackface or dressed in a KKK robe, he should resign immediately."

This marks the second time in recent days that Northam has drawn heat from Republicans. He was also called out to explain his support for a failed measure that would have permitted full-term abortions. Listen.

(BEGIN VIDEO CLIP)

GOV. RALPH NORTHAM, D-VA.: If a mother is in labor, I can tell you exactly what would happen. The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that is what the mother and the family desired, and then a discussion would ensue.

(END VIDEO CLIP)

GALLAGHER: Northam worked as a pediatric neurologist before being elected to the Virginia State Senate back in 2007. It is notable that Northam was also quick to condemn the racial violence that rocked Charlottesville back in August, 2017. And Virginia Democrats might be less resistant to fight any potential resignation of Northam because Virginia's Lieutenant Governor, Justin Fairfax is an African-American Democrat. We will come in with breaking news if it happens -- Tucker.

CARLSON: And it looks like it might. Trace Gallagher, thank you very much. Well, as you just saw on tape, Northam came out in favor of infanticide this week, we are not exaggerating. Northam said it slowly and clearly. You just saw it. Then he reiterated his views, just in case he wasn't clear the first time.

In a statement today, Northam explained that abortion at any stage this is a positive good -- and this is worth listening to carefully -- because quote, "Reproductive freedom leads to economic freedom." In other words, abortion is virtuous because it makes women more efficient employees, better and more dutiful servants of Northam's donors. They can work longer hours without worrying about anybody, but their bosses.

Northam is in favor of that, so are most prominent Democrats that are serving their own masters in the private equity class. Well, the press covered all of this, of course, but not in the way you'd imagine.

To the reporters at "The Washington Post," the real crime here was Republicans complaining about Ralph Northam, quote, "Abortion bill draws G.O.P. outrage against Virginia Governor Northam, Democratic legislators." That's an actual headline. Republicans whine too much. Infanticide, not a big deal.

And then, all of that changed you heard today, the first day of Black History Month. The so-called "big league politics" uncovered the photo Trace just told us about. What is so interesting about it is that Ralph Northam spent a lot of his last campaign calling his opponent racist; again and again and again. The closing of that campaign was an unending flurry of ads putting his Republican opponent up against pictures of what happened at Charlottesville, the atrocities at Charlottesville.

There was no evidence that his opponent was racist, but Northam said it a lot. And yet, strikingly Northam's opponents never took pictures of himself in blackface or in a Klan robe. So there is some irony in the story.

As of right now, a number of prominent Democrats -- Kamala Harris among them -- have called for Northam's resignation over this, but there are many in his party, particularly in Virginia who are standing by him. Those Democrats personally oppose blackface and Klan robes, as a matter of conscience, but they don't want them relegated to some black alley.

They want blackface and Klan robes to be safe, legal and rare. A private matter between a politician and his donors.

For now, Governor Northam will be kept comfortable, you can be certain of that. He will be resuscitated if that is what his party desires.

Dave Rubin hosts "The Rubin Report" on YouTube, and he joins us tonight. Do you find it striking, Dave, that in the very week that these comments come out on camera, they are really kind of unequivocal.

He is saying if a child is born gravely disabled, you have the right to kill the child, and that sort of dismissed as like something only the crackpots care about, and then a 1984 yearbook photo looks to me like it is going to end his career tonight.

DAVE RUBIN, HOST, "THE RUIEN REPORT": Yes, I mean, I don't know that a politician could have much worse of a week than he is having right at this very moment.

You know, Tucker, one of the things that I know you and I disagree on, respectfully, is I consider myself begrudgingly pro-choice and I've said that 20 weeks should be the cutoff.

CARLSON: Yes.

RUBIN: And I know that that is an imperfect position, but the left has gone so crazy on abortion, and it was illustrated by what he said this week that that is making decent liberals have a harder time taking moderate positions.

CARLSON: That's for sure.

RUBIN: And then when it comes to the photograph, it's like, look, it's only within the last what? Two or three months that we were dealing with high school yearbooks and Brett Kavanaugh, and there was going to be no chance that people on the left were going to be willing to give him a second chance or explain himself or anything else.

And it is unclear now whether he is the one that is blackface or the KKK hood. He didn't even say which one he was. I mean, by the rules that they are establishing, he has to step down. And look, it's awful. Nobody should be doing that kind of stuff.

That being said, there is a slight piece of me that just thinks we should caution this idea of mutually assured destruction based on what all of our pasts are. That is not a pass on any specific thing in this or anything else, but we should worry about where that will lead us as a country as we're all imperfect people.

But this is a case where I see no situation where he can't step down. He is from the party that calls all of you guys, the Conservatives racists. Well, how can they possibly defend him right now?

CARLSON: I think, that is right. I have to say, I just keep thinking this. I lived in this country in 1984. I was dating the same girl I am with right now. It wasn't that long ago. Nobody I knew ever had pictures of Klan robes on there. I mean, I don't want to add to the pile-on, but where was this? That was weird behavior even in 1984. I am here to tell you.

RUBIN: Look, you're a little older than me. I was only eight in 1984. I don't remember anyone doing that, but again, look, people do all sorts of weird things. People wear weird offending Halloween costumes and all of that.

CARLSON: No, they do. You're right.

RUBIN: And I think people have a right to wear and say whatever they want. It doesn't mean you are not going to have some fallout or face the repercussions for that. That is fine.

But by the rules we are playing with right now, they cannot let him off the hook. And if they do, it would actually fuel the fire that the really far left progressives are always stoking, which is that the establishment or the main part of the Democrats or whatever it is, is racist, and then they really is a point.

So I think they have to get rid of him. And look, we've got to figure out a way to acknowledge that people change over time. I don't know what his personal beliefs are.

CARLSON: Right, my view is that --

RUBIN: And yes, he called his opponent racist as you pointed out before, and I don't know that there is any evidence of that. And sadly, we live in a time where most of the people who are calling everyone else racist and bigots and homophobes and the rest of it, usually are the ones harboring those actual feelings because I don't see it that much from Conservatives these days.

CARLSON: From anybody. I don't even know what they are talking about. I agree with you completely. Dave Rubin, thank you for that wise analysis. Appreciate it.

RUBIN: Thanks, Tucker.

CARLSON: Chris Hahn is a Democrat. He is a radio host, a frequent guest on this show. A former aide to Senator Chuck Schumer and joins us tonight. So do you find it a little strange, Chris Hahn, that you can come out in public and say, "Yes, it's okay to kill a child who has been born," which is what he said, and then he said it again. And everyone is like, "Ah, that's not a big deal -- infanticide -- killing a human being," whatever. And they are also okay with it.

And then, on the basis of a yearbook photo, he is probably going to resign, I would assume, by the end of tonight. Do you think it's kind of strange?

CHRIS HAHN, RADIO TALK SHOW HOST: Well, I have discussed the infanticide thing ad nauseam. He was not calling for the killing of babies born alive. He was talking about difficult end-of-life decisions for babies who are born severely disabled and may die, unless kept on resuscitation, but let's save that for another day, Tucker.

He needs to resign now. He needs to resign. He needs to resign right now. He has to go. There is no apology here. Now, look, he may have changed, but serving in public life is a privilege and it should not be tainted by the stain of such racism that is shown in that picture, so he's got to go.

CARLSON: Okay, look, I am not going to argue. I'm against racism. I make an argument pretty explicitly against it almost every night on this show, for which I am often called a racist.

HAHN: Yes.

CARLSON: But I am totally opposed to racism, and I mean it. I just wonder what the standard is. Keith Ellison was a member of the Nation of Islam who called for a black ethno state and worshiped Louis Farrakhan as a god- like figure, but that is totally cool because why?

HAHN: Look, I mean, there are --

CARLSON: No, seriously.

HAHN: There are lots of things that need -- look, I don't know all the details of that, so I don't want to go down that path.

CARLSON: He was the Vice Chairman of the DNC. No, no. He was a member of the Nation of Islam, he called for a black ethno state, and he was the Vice Chairman of your party, and nobody said anything about it. I must have mentioned it 30 times in this show. Nobody cared. So I am just wondering what is the standard exactly?

HAHN: You know, look, I think the standard right here is very clear when it comes to Ralph Northam and what he did. And I think he needs to go immediately. And I also think there are lots of people in politics right now, like Steve King in Iowa who needs to go immediately.

Because I think that we have too many people that play around with racism in this country and get to stay.

CARLSON: Okay, but what about - I mean, calling for a black ethno state and I am not exaggerating, we've explained it many times in detail on this show --

HAHN: Yes.

CARLSON: -- maybe there's an argument in favor of that. I don't know what it would be, but why is that okay? I mean, Steve King whatever he said it wasn't - he didn't call for an ethno state and Keith Ellison did.

HAHN: Well, he called himself a white nationalist.

CARLSON: No, I don't know that he called it whatever. I am not here to defend Steve King. I am saying, he didn't say that, and Keith Ellison did and he's the number two man in your party, so like what - I mean, why is that all right. Tell the rest of us what the standard is.

HAHN: Yes, you know, and why is it all right that Steve Scalise said he was David Duke without the baggage and he's the number two ranking Republican in the House of Representatives.

Okay, so I mean there's a lot of things that need to be sorted out and we need to get to a place where we don't have racism and we don't have people who are stoking racial issues in a bad way in our government.

CARLSON: Then may I - well, I agree with that 100%. I agree. People should not be punished or rewarded on the basis of their skin color. That's the definition of racism. And it's not only is it happening, it's expanding in this country and the left is pushing.

HAHN: Yes.

CARLSON: And they should be ashamed of that. But let me ask you this --

HAHN: Well, the right -- the right allows them to stick around for a long time.

CARLSON: What about poor Ed Gillespie, who, whatever you think of Gillespie's politics direction, not my politics, but there's no evidence he's a racist. He's like a very decent man actually, and this Northam character called him a racist, like repeatedly, and he's the one in the blackface of the Klan outfit. Like does someone owe him an apology at some point?

HAHN: No, Gillespie ran a campaign that -- Gillespie ran a campaign -- he ran a campaign that was all about the statue of Robert E. Lee. Now what does that stand for? Who is that appealing to?

CARLSON: I live a half a mile from Virginia.

HAHN: That's appealing to - you know who that is appealing to? Can I tell you who that statue appeals to?

CARLSON: But that's not true.

HAHN: It appealed to 1984 Ralph Northam.

CARLSON: I live here.

HAHN: And people just like it.

CARLSON: But hold on, hold on. I live here, okay, right across the river from Virginia. He did not run a campaign that was quote, "all about a Robert E. Lee statue." There's no evidence he's a racist. I don't think there is a picture of Ed Gillespie in blackface or a Klan hood, I'm just saying if the guy in the Klan hood is calling you a racist, maybe you deserve an apology. That's all I'm saying.

HAHN: Yes.

CARLSON: Do you think or no?

HAHN: I don't think he deserves an apology. I thought his campaign did a lot of race baiting, not just the Robert E. Lee statue but the people in the hoodies coming to get you.

CARLSON: Well, they were against MS-13.

HAHN: It's just - look, it is what it is. That's politics. And that's what it was.

CARLSON: That's not what it is.

HAHN: That's the campaign -- Ed Gillespie who is not even from Virginia, not even from the south --

CARLSON: Well, that's a separate argument.

HAHN: -- who decided to run because he was appealing to his type of voter that would have been in that picture in 1984.

CARLSON: I mean, I will say his campaign didn't find this picture, but then neither did "The Washington Post" and again -- and I know that "The Washington Post" is not a serious newspaper. It's a joke, it's a vanity project.

HAHN: Nor his primary opponents. It's --

CARLSON: Look I agree, but "The Post" got which is this kind of newsletter run by the richest man in the world, Jeff Bezos, really a shameful publication. But it got pretty forensic with Ed Gillespie, I remember, quite.

They couldn't find a yearbook photo of the guy running for governor? Why do you think that is?

HAHN: I've got to tell you, this is some of the worst opposition research I've ever seen in my life. How none of his primary opponents or its political opponents or the local papers or the national press for that matter, found this picture is beyond me.

This was a hotly contested race. You would think that they would leave no stone unturned. They would have talked to friends from college to find out what happened. They did not. This was poor opposition research by everybody involved here and it's time for him to go. He should resign tonight.

CARLSON: Not even opposition research, just like reporting. It would be interesting, maybe we can get "The Washington Post" guys who were assigned to Ralph Northam on the show to explain how they missed this. The geniuses over there.

HAHN: Well there I've done - I've done operation research in my life and the first thing you do is try to find pictures of them from when they were in college and try to find some --

CARLSON: Yes, your yearbook pictures.

HAHN: This is not --

CARLSON: Yes, "The Post" is pretty good with that when it came to Brett Kavanaugh.

HAHN: Well, you want to talk to people who knew where to find out what he was about.

CARLSON: Because they are shills, that's why. It's not a newspaper. It's a newsletter for the Democratic Party as you well know. Chris Hahn, great to see you. Thank you.

HAHN: Nice seeing you, Tucker.

CARLSON: Well, across the country, Democrats have been pushing for abortion to the moment of birth, we're not making that up it's hard to miss, but when the "Daily Caller's" Henry Rogers asked Members of Congress about Governor Northam and his defensive infanticide, they pleaded total ignorance of it. Watch this.

(BEGIN VIDEO CLIP)

HENRY ROGERS, CAPITOL HILL REPORTER, DAILY CALLER: Do you agree with Governor Northam's comments yesterday about long-term abortion?

SEN. PAT LEAHY, D-VT: I have no idea what he said. I have no idea what has happened there.

ROGERS: Do you agree with Governor Northam's late-term abortion comments he made yesterday?

SEN. ED MARKEY, D-MASS.: I don't know what he said.

ROGERS; You have no idea what he said?

MARKEY: I don't know what he said.

ROGERS: Senator, do you happen to agree with Governor Northam's comments about abortion - late-term abortion yesterday?

SEN. JOE MANCHIN, D-W.V.: I have not seen anything.

ROGERS: You have not heard about it?

MANCHIN: I've been in retreats.

(END VIDEO CLIP)

CARLSON: They must have been Zen Buddhist retreats, silent retreats in Big Sur or something. It's unbelievable. Lie. Nancy Pelosi said she had no idea either. Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Considering the comments from Governor Northam yesterday, how does that make it harder for pro-life Democrats in the party and does that cause problems for them?

REP. NANCY PELOSI, D-CALIF., SPEAKER OF THE HOUSE: I am sorry, I just don't know what he said yesterday.

(END VIDEO CLIP)

CARLSON: Yes, you just don't know. I don't have internet access. If only Ralph Northam had said that he wanted doctors who wore blackface while committing infanticide that would have gotten some attention.

Abby Johnson is a former Planned Parenthood Director. She is now a pro- life activist, and she joins us tonight. Abby, thanks very much for coming on. It's so interesting how an entire party can push a policy position and then refuse to talk about it, much less debate it. Why not just say, "Yes, we're for this."

ABBY JOHNSON, FORMER DIRECTOR OF PLANT PARENTHOOD: Well, I mean, they're lying. Look, they've all seen the clip. They all know what he said. But I think even now, pro-choice Democrats are going, "Uh, is that a little too far? We don't know. Do we support this guy? Do we not?" Because it's so extreme.

I mean, even pro-choice people on social media are saying, "Wait a minute, what are we talking about here?" So I think even people in their own party just - they don't even know how to defend this.

CARLSON: It's a completely extreme, but it's not necessarily a surprise. I mean, Professor Singer at Princeton who is a leading ethicist has been pushing for infanticide for a long time and he hasn't been drummed out of academia and some of these bills -- the one in New York, pending in Rhode Island and in Vermont, Virginia -- I mean, they all sort of say the same thing, which is that viability means nothing at all.

JOHNSON: Yes, and even the one in Vermont is so extreme. I mean, at least in some of these other states, we have the lie of the health of the mother, which basically means anything, but at least you have to give some sort of excuse.

But in Vermont, we're talking about elective abortion through the date of birth. So we're talking about if the woman is laboring with her baby, and she decides right before the baby is about to come out, "You know, I just - I don't think I want to do this anymore," then the doctor or whoever has the ability to take the life of that baby.

And when you look at what Governor Northam said, what does that mean exactly? So the baby is born alive and then what? The parents get to decide what's going to happen to the baby. So what does that mean? Do we starve the baby to death? Do we suffocate the baby? We don't know what that means.

And it is insane that a pediatric neurosurgeon is actually championing these sorts of bills.

CARLSON: I guess what bothers me most is that there's no public conversation about this. And I do think as you just said, that a lot of people who think of themselves as pro-choice and don't want the government to get involved, and I don't agree with that personally, but I understand where they're coming from. I don't think they're bad people.

I think this is just so far - too far. I don't think anybody in America supports this stuff. And yet, most people don't even know it is happening because there's no conversation about it.

JOHNSON: Yes, and honestly, this is not new. Colorado - there is a doctor in Boulder, Colorado, Dr. Warren Hern - that has been aborting babies up until the date of birth for any reason for many, many years. It's happening in Albuquerque, New Mexico. It's happening in Maryland. This has been happening, but I'm really thankful that now, we sort of have a national platform to be talking about these issues that it is happening.

It's not just happening to babies who have terminal illnesses. Late-term abortions are happening on live, healthy, viable babies.

CARLSON: Yes, I think pro-lifers need to start saying that those babies are here illegally and then maybe, Gavin Newsom will ride to their rescue, chain himself to a Planned Parenthood door or something like that, he probably wouldn't.

Abby, thank you very much.

JOHNSON: Thank you so much.

CARLSON: Well, as we've been telling you, there's a lot going on in the State of Virginia tonight. The governor there, Ralph Northam is hanging on, it appears to be, by a thread. Will he resign? We will, of course, be the first to bring it to you if he does during this hour.

Also ahead, the President may have to declare a national emergency if he wants to build the border wall. What would that entail? Is there any precedent for it? We've got the facts on it. Stay tuned.

(COMMERCIAL BREAK)

CARLSON: Well, the government shutdown has ended for the moment temporarily, but the battle over a border wall continues. The Speaker of the House, Nancy Pelosi has vowed that she will never fund that wall under any circumstances. The President promises he is going to build one.

So that seems to leave the White House with one option, declare a national emergency and order the building of a wall on our southern border. That sounds like a pretty radical solution. But is it?

Well, it turns out that national emergencies happen all the time, and somehow, very few of them receive any attention at all. In 1976, Congress passed the National Emergencies Act. That law grants the President the power to declare a state of emergency in response to virtually anything if he thinks it's necessary.

National emergencies can be renewed annually, and routinely are. Congress could only block a state of emergency with a two-thirds vote. So it's a very broad law and it's been applied a lot.

It began in 1979, President Jimmy Carter declared a national emergency to keep Iranian government property from entering United States. That emergency is still ongoing despite being older than Alexandria Ocasio- Cortez, for example.

Since that date, American Presidents have declared no fewer than 58 national emergencies and 31 of them are still ongoing right now. The average state of emergency in this country has lasted for nine and a half years.

So what are some of these emergencies? Well, some really where emergencies. September 2001, for example, President Bush announced the state of emergency that gave the White House greater authority to mobilize the military, call up the National Guard and perform other counterterrorist actions. That emergency has been dutifully renewed each of the past 18 years, so that was real. We've also got a decade-long national emergency to combat the swine flu.

President Trump has declared three national emergencies already -- bet you didn't know that -- one of them sanction those who use social media to influence elections, those dastardly Macedonians. Another national emergency condemned the government of Nicaraguan President Daniel Ortega. That was a national emergency. And yet another ongoing national emergency punishes anyone who works to quote, "undermine the sovereignty of Lebanon." Lebanon.

You see the point here? In Washington, protecting the sovereignty of a faraway, Middle Eastern country that very few Americans will ever go to qualifies as a national emergency. Protecting our own country's sovereignty is quote "immoral." And we're not overstating that.

Just this week, four freshman Democrats in the House co-signed a letter demanding lower funding for America's border enforcement. In other words, it is virtuous to protect others. It is wrong to protect ourselves and our own children. What's the name for that attitude? Well, self-hatred would be one.

Should people who hate the country be in charge of it? Douglas MacGregor is a retired U.S. Army Colonel who has worked to defend the country, author of the book "Margin of Victory." He joins us tonight.

Colonel, thank you very much for coming on.

DOUGLAS MACGREGOR, FORMER U.S. ARMY COLONEL: Good.

CARLSON: Do you think it's wise for the President to declare a national emergency to secure the border?

MACGREGOR: Yes, absolutely, without question. I mean, if you've got 30 million illegal residents inside your country who violated your borders, disregarded the rule of law, you've got a national emergency. We've had this for many years, so that's absolutely the case.

Secondly, only the President can address this. He has the constitutional authority to do so. What he needs is an executive order modeled on what I have written and I think, it is now widely appreciated inside the Fox News community that effectively says, "Look, Secretary of the Army, your mission is to secure the border. You've got 30 days. Use whatever forces you need. We'll write up the rules of engagement. We'll provide you with whatever funding is necessary, but you will secure the border."

Now while the Army does that, we can proceed with building barriers. We also have an organization called the U.S. Army Corps of Engineers and they could be tasked to build barriers. All of the funds necessary to do this could be released.

CARLSON: Well, I thought they were for flood control?

MACGREGOR: Well, they have flood control missions and all sorts of missions inside the United States. But the point is, you have Army forces that are engineers, brigades of engineers that could be put to work on the border and build barriers. He doesn't need special permission. He has the constitutional authority to act as a Commander-in-Chief. He doesn't need any help from Congress at all. And so this is a national emergency. Let there be no doubt about it.

CARLSON: You're confusing me because I live here, and it was my understanding that the point of the U.S. Armed Forces was to guarantee the sovereignty of countries we will never visit and can't spell. That's not the case. The sovereignty of Lebanon for example.

MACGREGOR: Yes, well, look, here's good news. We have thousands of soldiers -- sergeants, lieutenants, captains, majors, Lieutenant Colonels - - who have guarded and secured other people's borders, so they know exactly how to do this.

All we're trying to do is defend our own borders and when you defend it, you defend it. Someone tries to cross your border illegally, you stop them. Once you stop them, you can biometrically tag them so you have them in a database and you turn them around and send them back, and you tell them, "If you come back again, you will face prison time. You will be prosecuted for violating our laws." That's how you expel people.

You don't just leave your borders open and say, "Here's a camp, move into it while we decide what to do with you." The President can outline these legal restrictions in an executive order, and he needs to do it as soon as possible.

CARLSON: So this would not be the first time that the U.S. military has secured the American border, so I mean, that's why we have a military actually.

MACGREGOR: Yes, the Army was there from 1846 to 1946.

CARLSON: Exactly. So why are White House lawyers telling the President that he does not have the authority to do this?

MACGREGOR: Oh, that's an easy answer, because the President has surrounded himself for the last two years with people who are there to subvert him, to obstruct his agenda. Everyone is there to tell him "no," and that's not an answer that he should accept. He has the authority, he needs to act.

I was glad to see that he took the Secretary of the Army with him to visit the border when he went down to Texas. I hope the Secretary of the Army is thinking about this because that's his job.

CARLSON: Does the Secretary of the Army have constitutional authority to make policy?

MACGREGOR: No, but he has a constitutional obligation and mission to defend the borders of the United States.

CARLSON: Right. Colonel, it was a pleasure. Thank you very much for that. Interesting.

Well, the President spent the last week defending the government's power to have an armed squad seize you in the dead of night for the crime of alleged perjury. Roger Stone is the man who was seized in Fort Lauderdale barefoot, and he joins us to respond to the media glee in the face of his arrest. That's after the break.

(COMMERCIAL BREAK)

CARLSON: Well, since the arrest of longtime Donald Trump adviser, Roger Stone, the press has rallied around people who arrested him and around a very specific interpretation of events. It was completely justified, they say, for the FBI to show up with enough armed agents to overthrow a Central American country and if Stone says he was upset by all of that, well he must be lying.

(BEGIN VIDEO CLIP)

JOYCE VANCE, FORMER U.S. ATTORNEY: FBI had information that he might try to destroy evidence. So they went in, I think with an appropriate level of apprehension.

CHRIS SWECKER, FORMER FBI ASSISTANT DIRECTOR, CRIMINAL INVESTIGATION DIVISION: They had every reason to believe he was going to destroy evidence. He had threatened witnesses or a witness at least, and he was playing hardball back.

PHILIP MUDD, COUNTERTERRORISM ANALYST, CNN: How does this differ from other people surrounding a house for a raid from the FBI? I don't think it's that different. By the way, the guy spent the entire day in front of news cameras. Clearly, he was traumatized.

(END VIDEO CLIP)

CARLSON: Who would put that Mudd guy on TV? I mean, it's really just a disgrace, I would say. The former CIA Director John Brennan, speaking of disgrace, insinuated that Stone was Hannibal Lecter long-lost cousin. Watch this.

JOHN BRENNAN, FORMER CIA DIRECTOR: With happened with Roger Stone was in keeping with the standard operating procedures of the FBI. They were conducting an arrest and executing a search warrant. And let's not forget Roger Stone has a fair amount of sort of unstable activities and comments that he had made -- stealing someone's dog, telling somebody - Randy Credico, "Prepare to die." This is not somebody that you want to trifle with.

(END VIDEO CLIP)

CARLSON: Trifle him. Yes, Brennan, the guy you just saw talking once lied to the public -- you, me and the rest of us -- about killing civilians with drone bombs, but that's not a big deal, really. He's still got a cable contract.

So what does Roger Stone have to say about the coverage of his arrest? Well, we're going to ask him. He is on the set tonight. Roger Stone, thank you for joining us. Aren't you with a gag order?

ROGER STONE, POLITICAL CONSULTANT: Great to be here. No, actually the judge said today that she's considering one. She asked for the government and for my attorneys to submit their thoughts about that. I'm going to refrain from speaking about the specifics of the indictment, because I think I have addressed it to the extent that I'm going to.

But I'm very interested in what's happened here because one of my neighbors has now signed a sworn affidavit -- who was out walking their dog -- and the CNN crew, their truck showed up roughly a half an hour or 35 minutes before the FBI.

I live on a dead-end street. The street was sealed, but they were allowed to stay in position right in front of my house. Now if I was dangerous, which is the premise of this raid, why were they allowed to stay within the danger zone? Why were they put in harm's way?

The idea that I'm a flight risk is ridiculous. I don't have a valid passport. Although, I support the Second Amendment, I don't own a gun. There were no firearms in the house. And I've been under investigation for two years. So what information did the FBI have that I would destroy evidence? Why would I wait until last Friday?

CARLSON: Well, I don't know, John Brennan, who is a liar --

STONE: John Brennan, who --

CARLSON: But he says you're a dog kidnapper.

STONE: Oh, wow, look, again, that's in the indictment, and I will address it at an appropriate time because it's not true. But first of all, I've written extensively on Animal Welfare Rights for "The Daily Caller" and have worked very hard to stop the government from conducting inhumane scientific experiments on dogs and cats. But --

CARLSON: I mean, you're a dog lover of the first waters first --

STONE: But more importantly, John Brennan perjured himself twice before the Congress. Once regarding the role of the Steele dossier and the FISA warrants, and secondarily, regarding his breaking into the computers of a Senate Committee looking into illegal torture by the CIS.

CARLSON: Just lying about killing people with drones -- not a big deal.

STONE: But he's not being prostituted like Mr. Comey, Mr. McCabe, Rod Rosenstein, Mr. Wray, General Clapper, of course, who said that, "No, there's no metadata collection process." And then of course, Hillary Clinton herself.

CARLSON: So, can I get --

STONE: So all of those people have perjured themselves, but I'm being prosecuted for perjury.

CARLSON: Well, they never gave the finger to the man though, and that may be your main crime, in my view.

STONE: That could be.

CARLSON: But let me ask you about the day of the arrest, so that was I guess, a week ago today. You said that CNN remained within the security perimeter?

STONE: Yes.

CARLSON: During a raid that clearly they must have considered dangerous because they had automatic weapons. At least one arresting officer had two rifles with them and aside -- there's a lot of guns. How do you think CNN was allowed to stay there? How does that make sense?

STONE: I don't know. And I hope Senator Lindsey Graham and the House Republicans will get to the bottom of that, because I'd like to know who signed off on this raid.

I mean, look, the main reason that the gag order concerns me is because I need to be able to raise the money to mount a defense.

CARLSON: Right.

STONE: They have unlimited taxpayer dollars, three platoons of Ivy League left wing lawyers to prosecute me, they have just given us an enormous amount of material in discovery that we have to go through -- three terabytes according to their press release -- unless people can go to stonedefensefund.com and unless I have a forum to promote it, I can't possibly raise enough money.

CARLSON: So I don't understand. On what grounds could they - could they just end your First Amendment rights?

STONE: Well, they -- as you know, they gagged Paul Manafort in his trial because I would be prejudicing witnesses. Pardon me, I'd be prejudicing a jury. Well, that was the whole purpose of this raid, it was to poison a jury. To hold me up as public enemy number one.

CARLSON: To use a cable news channel as a PR operations to get their message out. So if they gag you and take your First Amendment rights away, does that mean that they're no longer allowed to leak to CNN against you?

STONE: Well it's an interesting question, but the whole purpose of the gag would be so I don't poison a potential jury pool, but they've just poisoned a potential jury pool by making me look like El Chapo or Pablo Escobar.

CARLSON: So it just seems a little bit one-sided, so they can arrest you with overwhelming force and automatic weapons and armored vehicles and stun grenades and then they can force you not to speak in public, but they can still say whatever they want about you to news organization in leaks.

STONE: And leak. I mean, two years of leaks, as you know that I was going to be arrested every other Tuesday, has destroyed my business. The censorship of my show on "Info Wars" and the censorship of my Facebook page has hurt my book sales dramatically.

I'm a "New York Times" bestselling author. So this is part of the plan -- destroy you financially. So like General Flynn, you have to plead guilty to something you didn't do.

CARLSON: Unbelievable. Well, you are always welcome on this show - gag order not. Roger Stone, thank you very much.

STONE: Thank you.

CARLSON: Michael Caputo is a former adviser to the Trump campaign who spent a lot of time around the Mueller investigation and he joins us tonight. What is, Michael Caputo, the right course for someone under a gag order? I mean, it does seem a little strange that in a country that -- at least the one I grew up in, we bragged about our right to say what we thought is true. What happens if you violate that, and say "I have a First Amendment right to speak, and I am going to."

MICHAEL CAPUTO, FORMER ADVISER TO TRUMP CAMPAIGN: And also by the way, if you're Roger Stone and that's the way you make your living in the media, speaking about current events, speaking about the investigations and you put a gag order on a guy, that's like telling you know, Robert Mueller, he's not allowed to investigate anymore.

I mean, you're going to cut back his ability to even make enough money to pay his bills, let alone pay his legal bills. This is a bit different than Paul Manafort.

Paul Manafort was not a media commentator. Paul Manafort was a political consultant and giving him a gag order didn't really affect his ability to make a living. Roger Stone is already broke because of this investigation. They've killed his ability to make a living as a consultant. All he's got is his media commentary and now they're going to cut that back, too?

CARLSON: So I mean, it just seems like fairness is the baseline that everybody wants or should want, so if you're telling a man you're no longer protected by the Bill of Rights and you're not allowed to speak in public and if you do, you're going to go to jail, then shouldn't anyone in the Mueller office who leaks to the press about Stone go to jail?

CAPUTO: No doubt. And I think as well, let's not forget to prosecute leakers at the House Permanent Select Committee on Intelligence, the Senate Select Committee on Intelligence and others that are leaking right and left every day, all day long.

I mean, parts of Roger Stone's testimony before the House were leaked. We know where those leaks are coming from. The great thing about this case, I mean, I hate to see one of my best friends in front of a court and dragging these things out probably has to raise $50,000.00 to $60,000.00 a month to even keep up with the legal bills, but the one thing we get to see is Chairman Schiff, Representative Swalwell and the others who were most likely leaking this information to the media get to be brought in front of the jury in this case and cross examined.

But I'll tell you this, you know, Roger Stone is one of my best friends, perhaps my best friend. I was his driver 30 years ago, Tucker. I've talked to him every - not every day, but certainly every other day frequently for 35 years. I haven't been able to speak with him since the moment of his arrest.

Roger Stone's attorneys are taking a real hard look at what the judge is going to be upset about. There is an abundance of caution. None of us who are close to Roger are speaking to him right now.

CARLSON: Be careful. Mike Caputo, thank you very much.

CAPUTO: Yes, no kidding.

CARLSON: Good to see you.

CAPUTO: Thank you.

CARLSON: We've got a Fox News Alert for you. Governor Ralph Northam of Virginia has just released a video statement on Twitter. In the video, the Governor makes it clear he will not resign from his office, as a number of prominent Democrats have called on him to do and is determined to serve out the full four-year term.

As we said, many on Twitter have said he should resign immediately over the newly released a yearbook photo in which he is either dressed in blackface or a Klan hood. This is the candidate who called his opponent in last year's race a racist.

Elizabeth Warren now apologizing to the Cherokee tribe for taking a DNA test. The latest sign that identity politics is the politics of the moment. Is that good for the country? After the break, we will explain.

(COMMERCIAL BREAK)

CARLSON: Well increasingly, identity politics is not a concern of the fringe left, it is the politics that dominates our national conversation. Elizabeth Warren apologizing today to the Cherokee Nation for taking a DNA test -- that's not allowed anymore.

Meanwhile, ahead of issuing the party's response to the State of the Union address, the 2018 Georgia gubernatorial candidate, Stacey Abrams has written an essay demanding more identity politics in American life. What is identity politics and is it good for us?

Fox correspondent, David Spunt joins us tonight.

DAVID SPUNT, CORRESPONDENT: Well, hey, Tucker. Elizabeth Warren announced that she was going to be running for President, putting an exploratory committee out at the end of December. She's still in that exploratory phase, but making waves for these comments about billionaire quote "freeloaders." Warren appearing on CNBC yesterday said she wants billionaires to pick up their fair share.

(BEGIN VIDEO CLIP)

SEN. ELIZABETH WARREN, D-MASS.: I want these billionaires to stop being freeloaders. I want them to pick up their fair share.

(END VIDEO CLIP)

SPUNT: Asking for billionaires to pay for more is not uncommon in politics, but calling them freeloaders garnered a lot of attention this week. Warren also introduced an ultra-millionaire tax for those who have more than $50 million in the bank.

She also made headlines this week for apologizing to the Cherokee Nation for her DNA tests that she took back in the fall. For years, her Native American ancestry claim has followed her and that DNA tests proved that she did have Native American blood, but many, many generations back.

The Cherokee Nation released a statement this week, same quote, "Senator Warren has reached out to us and apologized to the tribe. We are encouraged by this dialogue and understanding that being a Cherokee Nation tribal citizen is rooted in centuries of culture and laws, not through DNA tests."

Now, speaking of identity politics, as you mentioned, Tucker, Stacey Abrams, who ran for Georgia Governor, she'll be delivering the Democratic response to the State of the Union on Tuesday, and she wrote this essay published in embracing identity politics.

I want to show you what she wrote, she wrote, "Instead, Americans must thoughtfully pursue and expand identity conscious politics. New vibrant noisy voices represents the strongest tool to manage the growing pains of multicultural coexistence. By embracing identity and its prickly uncomfortable contours, Americans will become more likely to grow as one."

Now before the State of the Union on Tuesday, Abrams will be in a Super Bowl ad on Sunday paid for by Fair Fight Action, a Democratic voting rights group, Tucker.

CARLSON: Holy smokes, David. We will be following. Thank you very much.

SPUNT: Thank you.

CARLSON: An update to a story we've been watching. Chicago police still investigating the alleged assault on the TV actor Jussie Smollett. Smollett says he was attacked early Tuesday morning of this week by two men who put a noose around his neck on his street, use racial slurs and referred to the city of Chicago as MAGA country. Police have been looking into it ever since.

They say the neighborhood is festooned with cameras, but so far they've been unable to find any video of the attack or any other hard evidence that it occurred. They're still investigating.

Some in Washington are not waiting for the facts to emerge though. Democratic presidential candidate Kamala Harris and Cory Booker have both described the attack as an attempted lynching. We will continue to follow that story.

We get another smoking gun that we are promised in the Russia collusion story has evaporated into smoke. Dan Bongino after the break.

(COMMERCIAL BREAK)

CARLSON: Well, as you know, well, if you read "The Washington Post" magazine or newspaper, whatever it is now. In the summer of 2016, Donald Trump, Jr. met with a Russian lawyer in Trump Tower. The pivotal event of the last decade, perhaps generation.

Before and after that meeting, young Mr. Trump made some phone calls -- very suspicious phone calls -- and all of us assumed those phone calls were either to Vladimir Putin himself or to his father, the President.

(BEGIN VIDEO CLIP)

REP. ERIC SWALWELL, D-CALIF.: Donald Trump, Jr. talked Emin Agalarov had a phone call and then made a phone call right after that to a blocked number and then he calls Emin Agalarov right back to a blocked number and so we know that this blocked number may very well be Donald Trump's --

ADAM SCHIFF, CHAIRMAN OF THE INTELLIGENCE COMMITTE: Sandwiched between those calls back and forth between Don, Jr. and Emin Agalarov is a blocked call and we wanted to know, did that come from the President? Was the president involved in the planning or the approval of this meeting? So we said, "Let's subpoena the phone records and find out."

JENNIFER RODGERS, FORMER FEDERAL PROSECUTOR: The timing, you know, right in the heat of this meeting makes it sound like he was calling somebody to report about the meeting and what was going on with it.

(END VIDEO CLIP)

CARLSON: Blocked number. It can only be three things -- the President, Vladimir Putin at the Kremlin, or his handler -- somewhere in Russia. Well, it turns out, it wasn't any of those things. It turns out that Donald Trump, Jr. was calling a business associate. Oops.

But don't let the facts induce any self-reflection. Please. Dan Bongino is a former Secret Service agent, author of "Spygate: The Attempted Sabotage of Donald J. Trump." He joins us tonight.

So blocked number is not necessary -- so if I get a call from a blocked number, you're saying it's not necessarily the President?

DAN BONGINO, FORMER SECRET SERVICE AGENT: Tucker, let's be clear. There was never any evidence whatsoever that Don, Jr. called this father after this meeting. None. What you just played with Adam Schiff and I believe it was Swalwell or -- that was nothing more than a conspiracy theory.

This was another one of those, Tucker, "if true stories". You know, "If true that Don Jr. called this." It was never true. There was never a scintilla of evidence. But here's what is interesting, Tucker. They seem so fascinated about the communications amongst Don Jr. after this infamous Trump Tower meeting, right?

But what they won't tell you is what's already on the record is the two Russians that showed up did have meetings after with Don Trump, Jr. Trump Tower meeting. They met one of them, met with Fusion GPS who prepared the notes and the other one went out to dinner with a lawyer who is a close friend of the Clintons, whose wife was a higher up in the Clinton administration.

But don't worry, nothing to see here, folks. Don't worry. We're only concerned about the blocked number phone call.

CARLSON: So how could have florid conspiracy nut, a Russia truther wind up as the Chairman of the House Intelligence Committee? How does that happen in normal country?

BONGINO: And Tucker, receive no serious pushback. If you and I were to go on the air with a widely debunked -- what you thought to be a fact that he called his dad, and he didn't. It's not in dispute anymore, we would never hear the end of it from anyone.

Conspiracy theorists -- the title will be thrown out forever. This is now the fourth or fifth time we have seen a prominent Democrat run with a debunked hoax anti-Trump story and Tucker, almost nothing happens to their reputations at all. It's brushed off like nothing ever happened.

This was the key component to their whole collusion conspiracy. They met with these evil Russians and then Don Jr. talked to dad; except it didn't happen and the Russians were connected to the Clintons.

CARLSON: Let me just ask you really quickly, news of the day, Ralph Northam saying he's not going to resign. Does this suggests that he and his party, who are basically pro-choice and the question of Klanhoods.

BONGINO: Tucker, I was sent this picture in October of 2018. I couldn't run with it because I couldn't verify it. You know what this tells you? People in the Democratic Party probably knew about this picture a long time ago if I had it in October.

CARLSON: Well, that's kind of --

BONGINO: Yes, I've got the e-mail, Tucker. I could prove that.

CARLSON: I wish I had asked you about that earlier, maybe you can come out next week and we can do a forensic reexamination of where it came from. Dan Bongino. Have the best weekend.

BONGINO: You, too. Good to see you, Tucker.

CARLSON: We hope you do, too. We'll be back Monday -- Monday night. The one after Sunday at 8:00 p.m., the show that is the sworn enemy of lying pomposity, smugness and group think. If you can unplug for the next two days, you and your family will be the better for it. Not to evangelize, but it's true. Sean Hannity from New York is next.

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