This is a rush transcript from "Hannity," August 3, 2021. This copy may not be in its final form and may be updated.

SEAN HANNITY, FOX NEWS HOST: Welcome to HANNITY.

Wow. Big breaking news night.

Tonight, New York is once again taking headlines for all the wrong reasons. Governor Andrew Cuomo is facing new calls from top Democrats and even Joe Biden to resign tonight. He could be impeached and even criminally prosecuted after this report from the state's attorney general determined that the governor sexually harassed and assaulted multiple women, and violated both state and federal criminal law. That's what she said.

Now, if Cuomo is a Republican, I guess he would probably already be the subject of a massive raid with CNN cameras and he might even be behind bars.

Anyway, all the details coming up. We'll have full political and legal analysis with Gregg Jarrett, Janice Dean, New York Congresswoman Elise Stefanik.

But first, while the journalist at fake news CNN, MSDNC obsessively worry about all of the dangerous freedom that exists in states like Florida and Texas -- well, in New York City, their mayor, comrade Bill de Blasio just announced a citywide vaccine passport mandate. These are the new rules. Anyone who wants to dine indoors or go to a gym or do pretty much anything inside, you will need to present documents proving that you have been vaccinated.

Remember, for months now, Democrats insisted that all forms of voter ID, yeah, they are racist. They call voter verification, voter ID laws Jim Crow of the 21st century, Jim Crow 2.0.

But apparently identification for daily activities is Democratic approved. Just like attending the DNC, want to see your congresswoman or senator from your state or getting a bottle of wine or a six-pack of beer, yeah, you need photo ID and now they want you to have identification to prove that you have been vaccinated just to enter a restaurant, but not to vote.

Now, today, Biden praised de Blasio's efforts. Now, something to keep in mind, there is a New York statistic that show only 33 percent of African- Americans in New York City are vaccinated, a low rate.

Now, this means that under Comrade de Blasio's rules, that would mean 66 percent, fully two-thirds of African-Americans would be barred from restaurants, from concerts, from venues where you have ball games, from gyms, movie theaters, all in New York City. This will negatively and quite disproportionately impact minorities in New York City.

And by the way, what about medical exemptions? In other words may be your doctor says you shouldn't get the shot, shouldn't get the vaccine because of this rare condition or that rare condition. What about the Cleveland Clinic and following their science? Highly respected medical institution, they said if you have COVID, you don't need any vaccine.

And never mind medical privacy, your medical privacy. Never mind your doctor-patient confidentiality. Anyone who is vaccinated is allowed to attend indoor activities. Well, they'll now soon have to share their personal medical documents with employees at every restaurant, every bar, every sporting event, every concert and other random strangers all across New York City.

And sadly, New York's vaccine passport is just one of the draconian measures that are now being implemented now nationwide. Indoor mass mandates has just been reinstated in the sanctuary city of San Francisco and Los Angeles and Washington, D.C. and dozens of other cities. A mass mandate for the military has also been reinstated. They're considering mandatory vaccinations for the military.

Federal officials also calling on children as young as three years old to wear masks at all times in school that might be task impossible. Colorado, they're now ordering children to stay six feet apart from one another and practice social distancing at all times. There are also new vaccine mandates, new testing requirements for all federal contractors.

And get this, on CNN fake news today, the NIH director actually instructed parents that you better be wearing masks around your children in your home. Take a look.

(BEGIN VIDEO CLIP)

DR. FRANCIS COLLINS, DIRECTOR, NATIONAL INSTITUTES OF HEALTH: The recommendations are for kids under 12 that they avoid being in places where they might get infected, which means recommendations of mask wearing in schools and that at home. Parents of unvaccinated kids should be thoughtful about this and the recommendation is to wear masks there as well.

UNIDENTIFIED MALE: Let me just follow up --

COLLINS: I know that's uncomfortable. I know it seems weird but it is the best way to protect your kids.

(END VIDEO CLIP)

HANNITY: Now, the NIH director did try later to backtrack right after that interview because of the backlash but who real -- who knows what he really believes at this point? The so-called experts in our federal government, they seem to have different messages on masks and treatments and vaccines every day, a new protocol. How is that not confusing?

And they're asking where vaccine hesitancy comes from. That would be from them, from Joe Biden on down.

And according to the contradictory statements from Biden, lockdowns may or may not be coming back. Now, remember, just a few weeks ago, when Biden, Fauci and everyone else in the government, they were promising all of us, right, they were promising you, your life would return to normal if you got the vaccine that they not having gone to medical school or done a residency or an internship or ever practice medicine that they are telling everybody to get it without any knowledge of anybody's own medical history or current medical condition.

Anyway, were they just lying or naive? You decide.

(BEGIN VIDEO CLIP)

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: So if we can get the overwhelming proportion of the population vaccinated by let's say the end of the second, the beginning of the third quarter, by the time we get into mid-fall of 2021, we could be approaching some level of normality.

GOV. ANDREW CUOMO (D), NEW YORK: What does 70 percent mean? It means that we can now return to life as we know it.

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: The biggest takeaway is that getting vaccinated is our ticket back to normal.

SEN. CHUCK SCHUMER (D-NY), MAJORITY LEADER: We need of course to keep up the effort to inoculate the rest of the country but suffice it to say, we are well on our way to bringing the country out of chaos, out of crisis and back to normal.

JOE BIDEN, PRESIDENT OF THE UNITED STATES: The vaccines are about saving your life but also the lives of the people around you. But they're also about helping to get us get back to closer to normal in our living -- more normal living.

(END VIDEO CLIP)

HANNITY: Now, never mind, the same people who were eager to lock us all down at the drop of a hat, it went from vax or mask to vax and mask to vaccine passports to mandatory vaccinations with social distancing and mom and dad wearing masks at home, except at the border, there's a big exception here, where illegal immigrants are now pouring across into this country in record numbers, the highest numbers in 25 years.

Nobody's being tested. No vaccinations are being given out, and then the administration is now pretty much dispersing all these illegal immigrants all over the country, yep. None tested, most unvaccinated and some without so much as even an examination, never mind a COVID test.

According to Biden, Texas Governor Greg Abbott, Florida Governor Ron DeSantis are actually responsible for the spike in COVID cases. He's blaming them like he blames Trump for the immigration crisis, that's a joke, because they are refusing to enact tough restrictions in their states. Those states have done phenomenally well without draconian shutdowns.

And, of course, Biden's poll numbers -- well, they're now tanking. A majority of Americans do not even think that Joe Biden is really in charge. That speaks volumes considering the rest of the media mob. They're never going to show you the cognitive mess that Joe Biden really is like we do.

But whoever's running the show over there, whether it's the failed border czar or Kamala Harris or chief of staff Ron Klain, who knows? Maybe Barack Obama. I don't know, or the CDC or the teachers union that writes policy for the CDC. This country is headed in what is a very, very scary direction as Biden's dark winter now turns into Biden's dark summer, dark fall and dark perpetuity.

Here with reaction California gubernatorial candidate, Larry Elder, along with former senior Trump White House aide, Stephen Miller.

Larry, let me start with you. You know, the great hypocrisy is -- well, first of all, Florida had their schools open. It's now august of 2021. He opened his schools in August of 2020 for in-person learning.

Your current governor, Gavin Newsom, you're in the recall, he -- his kids attended private school in person. He went to restaurants when the rest of California couldn't go and you know the whole litany of hypocrisy from him. And what's going on there.

LARRY ELDER, CALIFORNIA GUBERNATORIAL CANDIDATE: Well, Sean, Stephen, nice to see you.

And, Sean, this is exactly why I'm running for governor and why I'm asking people to go to ElectElder.com. It's enough to make your head explode.

Let's remember, it was Nancy Pelosi who as recently as April said in America, we don't force people to get vaccines. That would be un-American. And now, that's exactly what we're doing. And this governor has ordered state workers to be vaccinated to have a test every week that they've not been vaccinated and to wear masks at work, to protect themselves against whom, against other people who made the decision not to be vaccinated.

Now, in California virtually everybody who wants to get a shot has been able to get a shot and poor people can get it for free. I thought the whole purpose was to make sure that the vaccine was working and available.

And let's remember the whole point behind these mandates, the whole reason we shut down government is because we wanted to buy time so that we wouldn't have a rush on our medical services, on ICUs, on ventilators. We're not even close to that right now.

So the whole premise behind this is absolutely outrageous and you're quite right about the hypocrisy. This governor has issued a mandate that you have to wear a mask at summer camp. Guess what? His own kids at summer camp without mask. It's a hypocrisy, stupid.

And that's why I believe this governor is going to be recalled on September the 14th.

HANNITY: All right. Stephen Miller, there are freedom issues involved here. I am a very firm believer in medical privacy. It's none of my business about your current medical condition, passports stop that.

The federal government now -- and they gave it away. When they gave the nod to business and schools and universities to mandate vaccinations, it was only a matter of time. Now, it's gone national. That's a problem for me.

Doctor-patient confidentiality, that is now lost in this entire process as well. That concerns me. Your reaction?

STEPHEN MILLER, FORMER SENIOR ADVISOR TO PRESIDENT TRUMP: Well, there's no question, Sean, that we're sliding into authoritarianism and what's especially concerning is that private businesses are being conscripted into asking Americans private medical questions.

We've reached the point in Biden's America where it is harder to go to a deli in New York City than it is for an illegal immigrant to break into this country for life. There's an imbalance there and American citizens are not going to take medical advice from a government that has one set of rules for them and one set of rules for illegal immigrants. So the Biden administration is undermining their own vaccination campaign by continuing to put politics above science.

One thing that President Trump did that was so incredible is in addition to giving us three vaccines, he emphasized therapeutics. He brought us monoclonal antibodies, convalescent plasma. Under his administration, w looked at best practices for using steroid treatments.

Where's this administration on therapeutics? Where's this administration on early treatment protocols? They're nowhere to be seen because they're more focused on controlling the population than controlling the pandemic.

HANNITY: You know, it is -- it is scary. We see abroad, Larry, in France, we see it in Germany and other countries, huge rallies and anger and even riots that are breaking out occasionally and 600 people arrested I believe in Germany over the weekend. Over these passports and these mandates.

Is it happening in California? Your state has had some of the most draconian shutdown measures of any state in the country.

ELDER: You know, I was just talking with someone about this. If anybody had told me a year ago that people would have behaved like sheep and abided by these mandates without engaging in massive civil disobedience, I would have said they were crazy.

And let's remember about this vaccine hesitancy. Who was it, Kamala Harris who twice including during the debate said if Donald Trump recommended the vaccine, she wouldn't take it? Joe Biden said the same thing. They wouldn't take.

And now you're surprised that some people, including black people who did not vote for Donald Trump have vaccine hesitancy.

As I said before, look in the mirror.

HANNITY: You know, two-thirds of African Americans in New York City are going to be shut out of everything, Larry. That's disproportionate.

ELDER: That's right.

HANNITY: Your reaction to that part?

ELDER: And by their own definition, that's their own definition of systemic racism. It's something that's disproportionately affecting black people, that's systemic racism. So, therefore, by their own definition, they're engaging in -- wait for it -- systemic racism.

HANNITY: Yeah. We'll give you the last word, Stephen Miller.

MILLER: Well, Larry, hit the nail on the head. Where does this vaccine hesitancy originate? It was Joe Biden and Kamala Harris who took the unprecedented step while President Trump was pioneering this vaccine of raising questions about his efficacy, raising questions about its safety.

They need to blame themselves for vaccine hesitancy in this country.

HANNITY: All right. Larry Elder, Stephen Miller, thank you both for being with us.

And joining us now with more information, our FOX News medical A team, our contributors Dr. Nicole Saphier and Dr. Marty Makary is with us.

Dr. Saphier, let me begin with you.

And I want to I want to really, really focus on these breakthrough cases and hesitancy.

Now, let me be very clear here, what we're seeing with breakthrough cases, fully vaccinated people. It happened to Lindsey Graham. That got Washington's attention clearly.

It happened to one of my best friends this weekend. Immediately, he had a Regeneron infusion. I can report today that he had a great day. He's feeling better. That was Saturday. He was diagnosed Sunday. He had the infusion. He's on other therapeutics, thank God he's doing well.

But then you have Provincetown. Now, granted, this is -- 165 million Americans vaccinated, 0.075 breakthrough cases, very low. But Provincetown to me needs to be studied.

How did it happen that nearly 500 cases and 74 percent of those cases were breakthrough cases, people fully vaccinated? Even though the hospitalization rate very low, the death rate very low, it still concerns me. And I think it's concerning a lot of Americans.

DR. NICOLE SAPHIER, FOX NEWS MEDICAL CONTRIBUTOR: Well, Sean, absolutely, and unfortunately, we don't actually have all the answers there because the right questions aren't being asked. Why were these individuals tested? Were they all symptomatic were they asymptomatic? Were we just identifying obsolete viral particles in people who have fought off the virus because they were vaccinated?

Listen, Sean, when we -- we know at this point that with the delta variant, we are seeing more breakthrough cases. Meaning that people who have been fully vaccinated or recovered from infection are developing some illness. They may be able to give it to someone else as well. But thankfully, it turns out that it's really turning into what seems like a summer cold. But that should not lead to any hesitancy.

Just think of what we've been dealing with the flu vaccine and the flu vaccine has an effectiveness rate of anywhere from 30 to 60 percent every year. But we all know getting that flu shot, you can still get the flu. But the good news is if you get the flu, it's going to be much less mild or much more mild than it would have been had you not gotten the flu shot. And that's probably what COVID is going to be like as well.

But I can tell you, Sean, the White House has a communications problem going on right now. We need some effective spokespeople coming forth to communicate with Americans instead of keeping people paralyzed in the state of panic because that panic does not match reality.

HANNITY: Yeah, I know you happen to be a mom. I one day had the opportunity, I met your children. You're going to wear a mask at home, Doctor, as recommended apparently?

(LAUGHTER)

SAPHIER: Sean, by the way, that was like one of the most asinine things that I have seen, and I'm glad to see he's walking it back.

HANNITY: I didn't expect that.

SAPHIER: No, he still didn't answer -- he didn't answer the question that he was asked, are we seeing higher hospitalization rates and fatality rates with children? Should we be concerned for our children? And he danced around that question.

And the answer is from all the data that I have seen in the U.S. and other countries, no, the hospitalization rate for children is still about one percent. That's lower than it was in 2020 where it was about 2 percent. So, yes, more children are being infected. We're seeing more summer colds in these kids.

But the lethality, the severity of it still does not seem to match that level of panic that is promoting some of these -- I just can't believe that he said for parents to wear masks at home. It made no sense.

HANNITY: It's nuts.

Dr. Makary, let me ask you. With these breakthrough cases, okay, it's the delta variant. I think Dr. Nicole is right. It seems that the effects, especially people vaccinated, are not very severe but it's still challenging and upsetting to a lot of people.

Behind that, my understanding is that there is the lambda variant from Peru. I would assume behind that is probably some other variant from some other part of the world, potentially more lethal every time. It's unique in each case, isn't it?

DR. MARTY MAKARY, FOX NEWS MEDICAL CONTRIBUTOR: That's right, and a lot of the headlines came out of Peru because a group of researchers in Chile said that the lambda variant evaded immunity. But what they didn't report is that they had studied people who got vaccinated with the Chinese Sinovac vaccine, which is known to be poorly effective.

We've got to remember that you've got two levels of immunity when you're immune, antibodies and the memory B cells and T cells. Now, the memory in B cells and T cells encompass all variants, and they have encompassed every variant in preventing severe illness and death, and that's about a hundred percent bulletproof because --

HANNITY: Doctor, I want to --

MAKARY: -- no variant has evaded it.

HANNITY: I don't want to interrupt you but I want to highlight what you're saying here and that is even after your antibody levels, if you had COVID- 19 go down, you still have T cell antibodies. And as you rightly point out, that probably is the best immunity one could have because your body would instantly recognize any variant of any coronavirus, is that correct? And then immediately the body would begin its immune defenses?

MAKARY: That's exactly right. When you have immunity, you've got these -- this army of memory B cells and T cells that will protect you from death or severe illness probably for life.

And so, even though your antibody levels can wane and you can get a mild infection, that's never been our battle. Our battle has never been against the sniffles. It's been against death and disability and overrun hospitals.

And we've got to accept the fact that this is going to be a mild seasonal virus and that's okay.

HANNITY: Twenty, 30 seconds max each. Regeneron, to me, what I have seen anecdotally, people that I know that have gotten the infusion, it is the most effective therapeutic. It seems to be underutilized.

Dr. Nicole, 30 seconds.

SAPHIER: Absolutely under-utilized in the sense that we need to be make this available to our outpatient physicians. Primary care doctors need to have access, specifically to subcutaneous forms of monoclonal antibodies, to keep people from going into the hospital.

HANNITY: And, Dr. Makary?

MAKARY: Regeneron is just antibodies. You're getting antibodies. They're good for your system when you're sick. So the overall world of therapeutics has been under explored, underappreciated. It turns out we're probably going to get some good ones this fall like Molnupiravir. That's going to be very promising as well.

HANNITY: You say it's just antibodies, but apparently, very successfully used in it to -- I've talked to a lot of frontline COVID doctors that are seeing patients every day. They say it's shown the most promise of anything.

Last word, Dr. Makary?

MAKARY: It works. It works.

HANNITY: Okay.

MAKARY: It works very well.

HANNITY: It's good for people to know. You're vaccinated. You have a breakthrough case. Remember Regeneron.

Ask your doctor, I'm not telling anybody what to do. I'm not a doctor.

SAPHIER: Most people don't even need it though because it's a mild cold.

HANNITY: Okay. Doctor, thank you.

All right. When we come back, all right, big breaking news out of New York. Andrew Cuomo, he refuses to step down despite this bombshell report from the New York attorney general accusing him of rampant sexual harassment.

Lawrence Jones talks to New Yorkers asking if Cuomo should resign. We'll talk to Congresswoman Elise Stefanik on the political side, Janice Dean. And then later, is he in legal liability? Our panel weighs in on that as well, straight ahead.

(COMMERCIAL BREAK)

HANNITY: Now, tonight, top Democrats, including Nancy Pelosi, Joe Biden, and pretty much every single federal elected lawmaker in New York, including Senator Schumer and Gillibrand, also Hakeem Jeffries, Greg Meeks, add to the list Tom Souzzi, Alexandria Ocasio-Cortez are all calling on Governor Andrew Cuomo to resign following what was an explosive report from the New York state attorney general, detailing what is a pattern of sexual harassment against at least 11 current and former state female employees.

Here's Joe Biden calling for his resignation. This is earlier today.

(BEGIN VIDEO CLIP)

REPORTER: Back in March, you said that if the investigation confirmed the allegations against Governor Cuomo, then he should resign. So will you now call on him to resign given the investigator said the 11 women were credible?

BIDEN: I stand by that statement.

REPORTER: Are you now calling on him to resign?

BIDEN: Yes.

(END VIDEO CLIP)

HANNITY: Tonight, the governor remains defiant, claiming he's done nothing wrong and is refusing to step down and his defense to all this -- he says, well, he touches people like this all the time apparently. Take a look.

(BEGIN VIDEO CLIP)

GOV. ANDREW CUOMO (D), NEW YORK: Indeed there are hundreds if not thousands of photos of me using the exact same gesture. I do it with everyone, black and white, young and old, straight to an LGBTQ, powerful people, friends, strangers, people who I meet on the street.

(END VIDEO CLIP)

HANNITY: And it gets worse because we have 2019 audio included and let out today, released today that Cuomo's serenading one of his accusers for chilling one minute and nine seconds. We won't -- let's say make you suffer that long. Here's a portion.

(BEGIN AUDIO CLIP)

CUOMO: Hello.

CHARLOTTE BENNETT, CUOMO ACCUSER: Hi, Governor.

CUOMO: Yeah.

BENNETT: This is Charlotte.

CUOMO: Okay, are you ready (SINGING) --

BENNETT: I am ready.

CUOMO: You don't know that song?

BENNETT: No.

CUOMO: Before your time.

BENNETT: It's before my time but I appreciated the singing.

CUOMO (singing): Do you love me, do you really love me, do you love me? Do you care?

BENNETT: I'll have to listen now.

CUOMO: Yep.

(END AUDIO CLIP)

HANNITY: And I thought Joe Biden was creepy.

Now, we sent "FOX and Friends" investigative reporter Lawrence Jones to get reaction from New Yorkers and he joins us now.

LJ, what'd you find out?

LAWRENCE JONES, FOX & FRIENDS ENTEPRISE REPORTER: Good evening, Sean. So good to be back with you.

I tell you, the Democratic attorney general for New York, Letitia James, provided a damning report today. The two special prosecutors that she appointed to investigate at this provided detailed accounts from 11 accusers, as well as witnesses. And the big takeaway from that a report that in the middle of that investigation, the governor as well as his top aides tried to intimidate those witnesses, as well as those accusers, Sean. And as if that was damning enough, we found out a new accuser today which is the state trooper, a female state trooper who was assigned to his protective detail, she says that the governor touched her as well, as it was witnessed by another state trooper.

The big takeaway, though, Sean, is, what do New Yorkers think about this? We talked to them today. This is what they had to say.

(BEGIN VIDEO CLIP)

JONES: The attorney general just released her report about Andrew Cuomo and the sexual assault allegations. They did find that they were to be credible. So do you think he should resign now that this investigation is complete?

UNIDENTIFIED FEMALE: I think it's shameful and I think he should resign. I think someone should be a good role model for New York.

UNIDENTIFIED MALE: Yeah, no, I think that's kind of calls for you know resign or if there should be sort of, you know, an invest -- like kind of a process now, I'm not sure what that would be like.

JONES: Should he resign?

UNIDENTIFIED FEMALE: No.

JONES: You don't think he should resign?

UNIDENTIFIED FEMALE: I don't think he should resign. I think that resigning is giving up and he did so much to get into that position already and that everyone deserves a second chance, third chance.

UNIDENTIFIED MALE: I think he probably should resign. But I don't think it has anything to do with how he handled the COVID situation or anything like that. It's a separate issue.

JONES: But strictly on the sexual assault?

UNIDENTIFIED MALE: Just quick -- strictly on sexual assault, it's just not acceptable in today's world. So, if -- you know, I think the smart thing to do here is resign. He's been under a rock for the last four months. It has resurfaced and look it is what it is and I think you have to do the honorable thing here.

(END VIDEO CLIP)

JONES: Now, Sean, you played the creepy video from the governor for his defense. The governor is saying that he does this to everyone. So this was nothing different.

Back to you, Sean.

HANNITY: By the way, LJ, it is great to have you back. I know you're busy. You're usually hosting "The Five", the 7:00 p.m. show. "FOX and Friends", by the way, Lawrence will be in "FOX and Friends" 6:00 to 9:00 a.m. tomorrow co-hosting with Ainsley and Steve.

But we do miss you and you promised you'll take my call two years from now, that's all I ask. It's not a lot for friends. We're proud of you.

JONES: Sean, this will -- this will always be home for me.

HANNITY: You know what, you're family, we're friends, I love you and I'm so happy for all your success and you know that's from my heart. Tank you, my friend.

All right. First, Governor Andrew Cuomo's day of reckoning should have come a long time ago for his March 2020 order, yeah, to put COVID positive patients into nursing homes while simultaneously not using 80 percent of all the hospital beds that Donald Trump built and manned for him. And, of course, that was all covered up in terms of the death toll, while he inked a multimillion dollar book deal, and received lavish praise from the media mob, even Hollywood. But that time for accountability is long past due.

And here with more reaction, New York Congresswoman Elise Stefanik and FOX News senior meteorologist Janice Dean.

Congresswoman, let me begin with you. You were the first public official to call for an investigation here. Now, you hear from Schumer, you hear from Gillibrand, Joe Biden, Hakeem Jeffries, Gregory Meeks, Democrats, they're the ones demanding that he resign. Will he?

REP. ELISE STEFANIK (R-NY): Well, I think Governor Cuomo -- what we've seen today is he's been defiant. He is digging in.

He needs to be impeached immediately. For too long, Democrats in the state legislature have slow-walked impeachment proceedings, and I will commend my friend Janice Dean for calling out early on. There are multiple federal and state investigations for multiple crimes committed.

The attorney general's report, Sean, is crystal clear. There are multiple credible examples of sexual harassment, sexual assaults and really damning reports of the sexual assault of a New York state trooper that was assigned to his protective service.

So if he refuses to resign, which I called for his resignation months ago, he needs to be impeached immediately and every Democrat in the state legislature needs to be held accountable for taking that vote and moving through that process as quickly as possible.

HANNITY: Yeah.

You know, Janice, I know you lost your mother and father-in-law with the nursing home scandal and you have been outspoken and demanding accountability because there was straight up according to a whistleblower - - if you want to use that term -- they purposely hid the numbers that they knew were coming in and rather than admit the policy was bad, he signed a book deal.

Now, the Biden DOJ has let all of these governors, Whitmer, Murphy and others off the hook, Wolf off the hook, but especially in this case, New York.

I've not spoken to you since your reaction to that and your reaction to today.

JANICE DEAN, FOX NEWS SENIOR METEOROLOGIST: Well, I've always said I don't care what ultimately brings this governor down, you know? And to the brave women who told their story, to Attorney General Letitia James and the investigators, my hats off to them. That was a very difficult thing for them to do.

It just shows this man's abuse of power and that's what he's been doing for many years now. And I just want people to know and remember, those who don't have a voice, those who can't testify, like my in-laws, over 15,000 of them that died I think in part due to his March 25th order for 46 days. And I do hope the investigations continue here in New York when it comes to the nursing homes.

HANNITY: The attorney general did say -- use the word criminally both on a state level and a federal level but it would be the jurisdiction I believe of the head of the Albany attorney's office. So there still is hope beyond the Biden Justice Department. Your thoughts on the progress of where that might go?

DEAN: I'm hopeful, Sean, I really am. I've spoken to lawmakers today, Ron Kim, Assemblyman Ron Kim who is also very hopeful.

The impeachment process, it looks like they're going to go ahead with that as well. My fingers are crossed, even though I believe they've been stonewalling for all of these months. He has to be held accountable and that's the bottom line, and I'll continue to raise my voice until I don't have one anymore.

HANNITY: And you know what? I know a lot of people have been cheering you on.

Congresswoman, we'll give you the last word. How do you see this all playing out on both levels on this case and on the nursing home issue?

STEFANIK: Well, first, I want to thank Janice Dean for her courage in speaking out, and she has experienced the smearing in retaliation that anyone who has opposed Governor Cuomo faces on a day-to-day basis. We saw that in today's report by the attorney general, the toxic workplace culture of top Governor Cuomo aides who are paid for by the New York state taxpayers smeared and illegally retaliated against these brave women who came forward.

So we are going to continue to fight for accountability and justice for every New Yorker, not just in this case, which of course we want to pursue the impeachment proceedings. But Janice is right, we need to make sure that there's justice for the voiceless, those seniors -- over 15,000, who lost their lives because of the illegal actions of Governor Cuomo.

So I'm proud to stand with Janice Dean. Regardless of whether the governor was -- is impeached or not, which he better be impeached, we will continue to fight for justice for the seniors who lost their lives because of his illegal act forcing positive COVID patients back into nursing homes.

HANNITY: We'll stay on both issues as they develop. And thank you both for being with us tonight. We appreciate it.

And straight ahead, now, the criminal issue that was mentioned by the New York attorney general concluding that Governor Cuomo sexually harassed multiple women and broke state and federal criminal law. Does that mean he'll be prosecuted? Is there a statute that says much? Gregg Jarrett, Tammy Bruce analyze the legal side of this question when we come back.

(COMMERCIAL BREAK)

HANNITY: Now the New York state attorney general determined that Governor Cuomo did in fact break federal and state law relating to harassment towards subordinates. And while she says no criminal charges will be filed against Cuomo from her office, there are prosecutors. It's their jurisdiction in Albany, New York. They say they are moving forward with a full on criminal investigation into the governor and are encouraging other possible victims to contact their office.

Here to break down the legal aspect of all this, FOX News legal analyst Greg Jarrett, along with FOX News contributor Tammy Bruce.

Gregg, you wrote a great column on foxnews.com. I'll let you report it because if I take it -- I'm just stealing everything you wrote. That would not be fair. You'd have to charge me for that.

GREGG JARRETT, FOX NEWS LEGAL ANALYST: Thank you. Yeah, well, and my rate's pretty high.

HANNITY: It is.

JARRETT: As serial sexual predators go, Andrew Cuomo is monstrous that is the inexorable conclusion when you read this 165-page report that is meticulous in its evidence, in its detail. The AG said it was overwhelming, persuasive and compelling and that the victims were credible and very well- corroborated. And it's true when you read this report.

But Letitia James, the AG, looked exclusively at federal and state law in the context of civil liability, sexual harassment, retaliation and hostile work environments. That means that these victims can now sue Andrew Cuomo and the state of New York in lawsuits for money damages.

Primary jurisdiction for crimes rests with the elected district attorney in Albany County, David Suarez, who announced today that he has formally asked the AG to provide all of the documentation and evidence and witness interviews that she collected over four long months. What crimes? Well, first of all, forcible touching. Penal code section 130.52, which is fondling and groping someone against their will. Another one would be assault and battery, when you lift a woman's blouse without consent against her will, that could constitute assault and battery. And finally, the crime of harassment, placing a woman or a man for that matter in fear and trepidation of further aggression.

And it's not just Cuomo that's in jeopardy both civilly and criminally. If his senior staff and the report says this were essentially aiding and abetting him, enabling his behavior and protecting it by covering it up, they could also be in jeopardy.

HANNITY: Tammy Bruce, your thoughts?

TAMMY BRUCE, FOX NEWS CONTRIBUTOR: Well, I think what's important to realize is that these women came forward and one of them already expressed this, that they weren't looking for apologies. They weren't looking to embarrass someone. They want justice, right?

Eleven women came forward. We know the names of about half of them. I would guess -- I would hazard a guess that there will be more that would come forward especially with his outrageous performance today and his behavior is patronizing, the smug arrogance in this regard, effectively calling them liars or naive or dumb. It's a very strange dynamic. what he's displaying publicly.

But I think that there is a -- we've got to remember that any other man who would have done these things to a woman in the workplace when it comes to criminal liability would -- would have been arrested when a complaint would have been made. And it looks right now like that's an iffy dynamic. It's maybe one case in Albany.

And so, this is why a lot of women don't come forward even when it's important because, literally, I mean, if you're the governor, then maybe the worst thing that happens to you is you lose your job or you have to resign. We've got to be able to take this more seriously especially for a man in charge of the laws himself the laws that he signed, the power that he has, not just in his office, but throughout the state.

So I think that the attorney general, more questions are going to be put to her about what's possible, certainly, and hopefully, more women will come forward who have been victimized so that this dynamic can proceed.

HANNITY: I have 30 seconds, Greg Jarrett. The video that he brought to his presser today -- I do this all the time -- other politicians are also on tape doing it. How would that -- how would a jury view that?

JARRETT: It will backfire. It doesn't work. His rationalizations are insipid. His excuses are vacuous.

What was so offensive was that he blamed the victims and said they are diminishing actual victims of sexual assault. That is such a despicable, detestable comment, but it speaks volumes about Andrew Cuomo.

HANNITY: All right. Gregg Jarrett and Tammy Bruce, always great to have you.

We'll be watching this closely obviously.

After the break, Leo 2.0 Terrell, he'll react to the Olympic Games in Tokyo. Some athletes continue to promote -- well, pretty much that they don't like uh playing under the American flag. My question is, then why are you there? Others are proud to wear the red white and blue. We'll tell you about one specific case, straight ahead.

(COMMERCIAL BREAK)

HANNITY: All right. Now, yet, another Olympic athlete who doesn't seem to love the country she is representing fell flat in the Olympics this week, as track and field participant Gwen Berry failed to medal in the hammer throw.

Now, following that flag stunt during the Olympic trials in June. Now, thankfully, there are other inspiration success stories to cover like wrestler Tamyra Mensah Stock, won gold in Tokyo. She delivered a message about the greatness of America and how much she loves living in in great country. Made me proud. What I a phenomenal athlete. How gifted and how lucky are we she's part of our American family.

Also tonight, I want to take a moment to discuss the conversation surrounding mental health with the case of Olympian Simone Biles and Naomi Osaka in the tennis world. To be honest, and this may surprise you, I'm kind of shocked people have actually been so mean and cruel in many cases, passing judgment of these incredible female athletes. Can we just be a little more respectful?

Remember, they are under tremendous pressure. They are all very young and sometimes, all of us need to take a deep breath, relax, reset, move forward. These young women have sacrificed years and years, over decade of their life to become some of the greatest athletes in their respective sports.

Now, I don't want anyone to quit or step away. We always want to fight through fear and adversity. But you've got to remember this, none of us ever know what someone, especially any young person, what they might be going through that you don't know about. You just don't know. They are under tremendous pressure.

And I'm sorry ,but some people seem pretty heartless in their comments.

Here for reaction, Leo 2.0 Terrell.

I'm curious as to your reaction to that, because some of my friends said, no, you can't quit, you're an American. I mean, they're young athletes. They're talented. They're gifted.

I could not even walk on a balance beam. To be honest, Leo, I would fall and bust every bone of my body.

And playing at Wimbledon, the Australia Open, the U.S. Open not wanting to deal with the press, most -- 95 percent of people have a fear of speaking in public.

LEO TERRELL, FOX NEWS CONTRIBUTOR: You're absolutely correct. And let me tell you right now, these critics of Simone and Naomi, they're not professional athletes. These are couch potatoes. And these people do not know what it takes to be a professional, to be an elite, to be maybe one out of a million to be there.

The private side, the human nature side, the things that go on behind cameras we don't know. And I give -- your comments are spot on, and I would submit to you that those critics have never been in the position of an elite topnotch athletes. So, they don't k now. You don't listen to these individuals. And these two young ladies have the mental discipline to ignore the noise. That's all that is, Sean, noise.

HANNITY: How is Tamyra Mahsa Stock, how great were her comments? We only have about 30 seconds.

TERRELL: Let me just say right now, very much. And thank you for asking. I'm so happy about her because you know what? She and other black Americans who won, like Kendra Harrison and Fred Curley, they represent the best of America, black Olympians who medaled, who are great, who are happy to be in this country.

The Gwen Berrys, these are people who hate what America provided her. But she does not represent that young lady or Kendra Harrison or Fred Curley. I proud to recognize those truly great Americans who happen to be Black Olympians.

HANNITY: Leo 2.0 Terrell, thank yu.

Our villain of the day next.

(COMMERCIAL BREAK)

HANNITY: All right. Our villain of the day of the day is the chief strategist of the Rhode Island Democratic Party who took to Twitter following Senator Lindsey Graham's positive COVID-19 breakthrough case, writing, well, "It's wrong to hope that he dies from COVID, right? Asking for a friend." Later deleted the tweet, said she made a mistake. You think?

Let not your heart be troubled. Laura Ingraham -- they are so nice on the left sometimes. Are they just kind and sweet and loving?

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