war shack test, unsealed. i'm michael smerconish in philadelphia. no matter how expected it might have been, it was stunning to see it splashed across front pages in america. donald trump indicted, again. will the new indictment land the same as the existing case of falsifying business records? or as the "new york times" put, it republicans may not care, but

will they be indifferent about authorities seeking to recover classified materials? that's today's poll question, which i'll share in a moment. it may depend upon responses by trump's gop opponents. most weren't quick to weigh in before the indictment was unsealed. ron desantis tweeted, the weaponization of federal law enforcement represents a threat to a free society. mike pence used the same word while calling for the unsealing of the indictment. the american people should be able to judge for themselves whether this is just the latest incident of weaponization and politicization at the justice department, or if it's something different, he said. ditto for tim scott on the weaponization charge. the committing to pardon trump immediately upon his own swearing in. chris christie kept his powder dry initially saying we don't get our news from truth social, trump's account.

let's see what the facts are when an indictment is released. asa hutchinson called for trump to withdraw from the race. the trump-defending reactions are curious. we're coming from individual who is decided to enter a nomination battle against a former president who remains immensely popular with the party base. as i argued here and on sirius xm, the only reason they are running against someone's policies they largely approve of is because this is what they expected would happen. that his campaign would be threatened by the weight of various criminal investigations and indictments. so they are actually trying to exploit something they believe or at least say is illegitimate. not that i'm totally unsympathetic with some of the talking points. the hunter biden prosecution has been underway since december of 2020. that's nearly four years. it's inexcusable that such an uncomplicated case is still unresolved. and legacy media show pursue

questions about possible financial entanglements between hunter and the president. james comer is looking at the claim of fbi informant that the head paid hunter and the then vice president $5 million each. the president flatly says that's malarkey. equally fair to and why hillary clinton was unpunished for once comey explained as careless handle of classified information. but none of that excuses trump for taking and withholding government property, nor treating it with what looks like brazen carelessness. the indictment says that trump retained documents so sensitive that some required special handling. these documents were related to national defense, they were classified at the highest levels. one of them includes a top-secret marking dated june of 2020, concerning nuclear capabilities of a foreign country. photographs included in the

indictment show boxes stored in a bathroom, a shower, a ballroom, all at mar-a-lago. one photo was a roar shack test. one was lax handling of government property, but to the former president, it was something else. the box on the floor said, trump, who opened it. it sheets there were no dlts but newspapers, personal pictures, et cetera, witch hunt. two questions linger. why do we take the materials to begin with and why didn't he hand them back when requested like biden and pence apparent ily did? as to the first, "the washington post" reported in november of last year that federal agents and prosecutors believe trump's motive for taking and keeping materials was largely due to his egoand his desire to hold the materials as trophies. not to excuse it, but he's always been a guy who was note ed to keep newspaper mentions and other things stacked high in his trump tower office.

maybe a bigger mystery remains why when asked he didn't return them. instead, inviting a federal judge to authorize a search warrant of mar-a-lago, where they have such personal or professional value to trump or was it indicative of a personality? i don't want anyone looking through my boxes, he reportedly said. it's too soon to know for sure how this all plays out legally or politically. trump's gop support remains steady even after the hush money indictment, and it's only gotten stronger in some ways. he was polling a at 43% in february before alvin bragg introduced his charges. now just a few months later, his support has bumped to 53%. the stormy daniels case provoked a media narrative that the populationen doesn't care about the legal woes. but maybe voters have their own ideas about what constitutes a serious crime. data suggests this classified

documents indictment could be more praoblematic for the forme president. npr, pbs finds 70% of voters do not want trump to be president again if he's charged in a classified documents indictment. the polling seems to suggest viewers view these two indictments in separate categories and that's what the crowded field is counting on. even as they lay base the justice department for the latest charges. which leads me to the poll question at smerconish.com. did donald trump's indictment in the classified documents case just guarantee him the republican nomination? joining me to discuss is eric ericson, a conservative talk radio host, and aaron blake, senior political reporter for "the washington post." e eric, let me begin with you. before the unsealing of the indictment, you saud you thought this would elevate him. i'm going to give you the chance to reconsider now that it's been published, and i'm sure you read it. >> i have read it. i do think it's going to elevate

him still at first. however, it provides greater ammunition for all the other republicans to say, read the indictment. it's the stupidest things you'll ever read. not the indictment itself, but the actions of the former president. the man has been -- the democrats have been after it for six years. they have impeached him twice. they have been saying they were going to get him. when a grand jury asks you to hand over documents and you ask your lawyers to hide them and the lawyers admit you did this, that's pretty stupid. it gives an opening for the other republicans to say, we have always said he has impulse control and the other side of this -- >> but they are not saying that. they are not taking the opportunity to the point that i made in the opening commentary. this is exact lit reason they are running. they anticipated that his campaign would fall based on the weight of the prosecutions and potential indictments.

>> it's going to be a progression. what you see with the history of donald trump and these conversations is no republican wants to be the first to lead. what happens in that case, nobody leaves. nobody goes there because they know over the course of many controversies that the people who take that leap see their careers torpedo. we have a different case in that we're going to see a series of revelations. we now have at least one republican presidential candidate in chris christie, who seems as though he's going to take this argument to trump. i think if you look closely at mike pence's comments about this, he's leaving open the idea that he's going to argue this stuff is pretty bad ultimately. so we're going to have to see how this plays out. there's no question that they are treating this very gingerly now and basically hoping that

somebody ls does the work for them. >> are they treating it gingerly because they really believe it's weaponization of the doj, or are they scare d to death of the maa base? >> they do believe that it is weaponization of the doj when you look at them. they treat it seriously. it's not a fear of the base at this point because they all saw kemp win in 2022, despite 25% of the gop are jekting him. what it is is they are trying to figure out the most persuasive way to connect with voters, who still feel loyalty to trump and explain to thunderstorm, you maybe loyal to them, but he can't proceed. he's going to be metaphorically shackled in a courtroom, and it's of his own doing. they have to guess their m messaging done to thread this.

we have seen repeatedly with trump voters, they are willing to consider alternatives, but you have to phrase everything in a way that doesn't make them feel like they are betraying donald trump. that takes a focus group. i'm aware of some that's happening trying to figure out how do you explain to the base this is bad. one guy who can do it is the man whose son has been active duty, and that's the former vice president who already said donald trump asked me to choose between him and the constitution and i chose the constitution. this is another example of that theme. >> you have looked at data that suggests to you that this is different than the stormy daniels case. we can't simply look at alvin bragg's indictment and say, last time he got a bump maybe by 10% among go p voters. this time could be different. explain. >> i think it's first worth noting there was a recent poll that showed that actually asked about several different controversies that trump is facing where he could face

charges. 52% regarded the manhattan indictment, the conduct described there as a serious crime. that 52% went up to 65% for retaining classifyied documents and obstructing efforts to return them. so it's not the only poll to suggest people regard this as being more significant. if you look at the build up to the manhattan indictment, there was a sense, according to some polls that people are politically motivated. there was some politics behind this. a democratic prosecutor bringing these charges. there was a poll that showed 2 to 1 thought there was a political role involved in those charges. so i think it's clear that we have a situation in which people regard these charges as more serious. i think the question from there is how much it is proven in their mind. that's something we're going to find out in the coming months. it could be awhile for that. and then how much this actually polls people who might be geared towards donald trump on a more partisan basis, how much it might pull them away from him. not so much in the primary where

it looks like there's a limited impact, but the general election where he needs to count on those votes. >> but at the same time, you believe there's a prospect, depending upon perception, that maybe even republicans who don't like donald trump will feel some sense of sympathy toward him and come to his side, at least that's what you wrote before the unsealing. >> yes, and that was premised on in miami they are notorious in the southern district of florida of finding people not guilty of these charges. if he were found not gazillion, there couwould be sympathy towa him. i also think the one thing i learned about the president's base of the republican primary in the last few years is sometimes you have to let this stuff marinate. the initial reaction comes from it changes as people hear about it. the initial reaction is circle the wagons, this is political. they have no charges. look at hillary clinton. and then after it's marinated,

they think, wait a minute, it was donald trump's m administration that didn't prosecute hillary clinton. these documents are pretty important documents. you will see people's mind change. you'll see them go up and down. we're already seeing this in some polling in iowa and new hampshire. while he's still in the majority, numbers have been trending down for the last several weeks. >> the only thing we know for sure is we don't know for sure. thank you both so much. i really appreciate you being here. to everybody else, what are your thoughts? hit me up on social media. i'll read sol of your responses. this comes from the world of twitter. whether trump was right or wrong, people will ask, why did bill clinton and hillary clinton get a free pass. i acknowledged that at the outset. to a certain extent, some of the what aboutism is valid in this case. why is it taking so long with hunt er? why did hillary get a pass? what is the deal?

as between hunt er and joe, if any, he says it's malarkey. all legitimate questions. but left remaining is why trump take a all that stuff? why didn't he just give it back? i'm absolutely convinced if he had, i wouldn't be sitting here having this type of conversation. i want to know what you think. go to smerconish.com. answer the poll question. did donald trump's indictment in the classified documents case guarantee him the republican nomination? ahead, he's polling at 20% and has the backing of some of the most powerful people in silicon valley, but rfk claims he's being censored by the media. why it's such a challenge when you interview him and why many journalists maybe avoiding him. former president trump set to appear in court on tuesday to face charges. legal expert elie honig will be here to break down all the charges, next.

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tr trump. >> my office will seek a speedy trial in this matter, consistent with public interest and the rights of the accused. we very much look forward to presenting our case to a jury of citizens in the southern district of florida. >> smith did not go into details of the indictment but said people ought to read it. joining me is elie honig, former assistant u.s. attorney for the southern district of new york. so great to have you back. let's talk about big picture. first of all, he's investigating both january 6th and mar-a-lago documents. what do you make of the fact that this was an indictment pertaining to one and not the other? >> mar-a-lago has essentially lacked january 6th. they have been investigating january 6th essentially since it happened. so we are two and a half years ago. mahmoud march didn't surface

until the search warrant hut aer year ago. so what this tells me, we have more about the documents. january 6th is still ongoing. i don't think there's a possibility it gets charged by doj. and the and cater is we have not seen any progress. we have not seen anybody close to donald trump being charged. there's a secondary cast of characters on trump. no movement towards i any of them. there's been radio silence. it wouldn't surprise me if the decision from doj is no charge against trump on january 6th. >> i guess that's really what i was asking. do you read into this that maybe trump is getting a pass in the eyes of doj for january 6th, or is it this is a much hr straight forward case? >> i think it's both. the indictment is fairly straight forward and well done. and i think it makes sense this was charged more quickly.

i also think the charging of this case gives merrick garland some political cover if he ends up not charging january 6th. we see them as the nonpolitical icons, but they are aware of public perception and understand it's important doj be seen as fair. ultimately, if garland does not charge for january 6th, people may look at the charge this week and think at least he charged one of those cases. >> i'm glad you brought up merrick garland because previously here, you and i talked about the con september of prosecutorial discretion. i made the argument that smith had a straight forward task, but there was some question as to whether garland would accept the recommendation. this is merrick garland's decision, right? >> yes, ultimately it's garland's decision. the way it works is the special counsel jack smith has control of the day-to-day investigation.

it's supposed to be hands off. but at a certain point, the special counsel has to run a potential indictment or a decision not to indict that has to go to the attorney general, who then has to defer, not automatically, but has to generally defer to towards what the special counsel wants. . we know that jack smith recommended an indictment and we know that merrick garland approved it. merrick gar listened has to take a broader look and we now know the end result of that calculous. >> i said in my ompening commentary that the photographs contained in the indictment, and by the way i want to know how rare you'd see pictures like this, put that one up. to some, you look at it, stuff is spread out on the floor like, oh, my god, is this the careless way with which he was treating these documents. trumps's response is to say who spread that stuff on the floor? and all i see, according to trump, are newspaper headlines. what's the impact of what i'm showing right now. you know the pictures to which i

refer. >> i do. first of all, it's sort of a new thing to have photographs in indictments. i remember seeing the first one five years ago. about what you can put a photo in an indictment. it was unthinkable. now they are there all the time, and they should be. they are evidence, why not. i'm not really buying the they are just newspapers. but the fact that some are perhaps many of the documents were innocuous or souvenirs, fine, but that doesn't undermine that a small portion were decidedly not. the indictment lays out the high level of sensitivity of those documents. it did yooesn't matter if it the awl alone or surrounded by souf nears, it's the ones that are sensitive that we care about here. >> jack smith says he wants to give him a speedy trial. is that going to happen? >> not by the legal definition

of speedy. so the federal rules say a defendant is entitled to be tried within 70 days of an indictment. no federal case ever gets tried anywhere near 70 days. the thing that's important to know here, though, it's not really up to jack smith when the trial happens. jack smith was just saying the thing that all good prosecutors are trained to say. you're trained from day one, if a judge said to me, tough go to trial tomorrow at 9:00 a.m., i would say we're ready for trial. you a automatically say that. really who governs when trial happens is, a, the judge, but with more deference towards the defendant. the defendant is the one with constitutional rights with the ability to bring motions, with the need to prepare his defense, to do his own investigation. the defense is just starting their investigation theoretically on the day they get the indictment. so jack smith is just saying, we're ready to go as soon as possible. that's an important message to send, but he doesn't control that. >> on my civil side of the

aisle, know a thing or two when i have a choice of venue, jurisdiction, i'm looking for a friendly plaintiff audience. in this case, jack smith could have brought charges in d.c. but instead goes to florida, which i guess by rights is where most of the conduct occurred. but you would think politically speaking, it's a more hospitable jury for donald trump down south. >> this is the single most consequential turn of the week and really a shocker. three or four days ago, everything was in d.c. the prosecution team was in d.c. the grand jury was in d.c. it looked like they were going to charge in d.c. you're right. there's an enormous difference in the jury pools here. d.c., donald trump got 5% of the vote in 2020. meaning 95% of the people who would have been in that jury pool voted against him. trump won florida in 2020. most of the southern counties

where this is going to draw from, he won 40%. so you're looking at a very different jury pool. people will say jurors are instructed and selected and vetted out and told don't bring your political views into the courtroom. nonsense. i have tried enough cases. jurors are human beings. i'm not saying it's impossible that somebody who likes trump votes to convict him, but do you want to be in front of a jury that doesn't like the guy. and i give doj credit. they did the right thing legally. they definitely have proper venue down in florida. it's not clear they have venue in d.c. they could have tried d.c. and hoped for the better jury pool, but they did the the right thing. they went with florida. >> i have a different take. it was for expediency. they the to hurry up and get to trial. they know in d.c. it would be more time off the clock as he tried to move it.

let's deal with social media together. let's put that up. i thought this might be the occasion when you would rise above partisan leanings, but you didn't fail to disappoint. ask yourself, where would you be if you did the same as trump with those documents? why do you wish to diminish the country? i'm going to cut you some slack. i didn't know it would be personal and directed toward me. so thank you very much. to the individual who sent me that social media, i say this. what are you joking? i digested the indictment of donald trump. i offered my comments as to the seriousness of it. and i wondered aloud, why would he have taken the stuff and why didn't he just give it back. you also heard me criticize the republican candidates who are trying to say this is the weaponization of the process, when in fact, this is conexactl why they are running. so that leads me to conclude

only that you don't like me saying, guess what, those same republicans raise some le legitimate issues about hunter, maybe about joe, and certainly about hillary. that's my response. i want to are mind you. go to smerconish.com. now you know i don't see them in advance. i wouldn't have invited elie honig to stick around. there's the poll question at smerconish.com. did donald trump's indictment in the classified dltss case just guarantee him the republican nomination. up ahead, how serious do democrats need to take robert f. ken kennedy jr.? he's doing unexpectedly well in sol polls and receiving increasing, but not as much media attention as he thinks he deeverybodies is. this week i sat down with he and he sat down with elon musk. plus are americans shifting views on social issues more to the left or to the right? a new poll finding may surprise you with its answer. !

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what to make of robert f. kennedy jr.? he's tgaining traction with his challenge of president biden for the democratic nomination. a recent poll shows him with approximately 20% of the democratic vote. and he picked up the support of jack dorsey, action quos detailed additional support ask funding that he's receiving from silicon valley saying, quote, a handful of elites won't determine the presidential nominee, let alone topple an incumbent president, but they could help narrow the money gap and keep kennedy in the race longer than a typical long shot. it's enough to make the democratic establishment nervous. how far he can g is going to be determined by type of media coverage he receives. kennedy believes he's being

censored because of his controversial views concerning vaccines. the short version, his version is this. he believes that in the 1980s on ronald reagan's watch, big pharma was given protection that spurred the unleashing of of new vaccines that caused a host of abnormalities, including a spike in autism. last monday i spent an hour questioning him on radio and in front of a studio audience. kennedy is verbose and has a command of history as he see it is. his appearance on my radio program coincided with the 55th anniversary of the assassination of his father. he doesn't accept the commission view of his uncle's assassination, nor that it was husband father's killer. there's more to his campaign that gets the most attention. he sparks pop list themes.

as we spoke, i realized i could have spent an hour each on the subjects of his uncle's assassination, his father's assassination, covid, ask his campaign. i prepared by watching his two-hour announcement, read news articles of his recent interviews and read his latest book. i don't recall having prepared as much for any other interview i have conducted. i suspect he is being scensored in some outlets, not wanting to give heft to his believes. think about this. if any of the republicans not named trump or ron desantis were at 20% of the vote, how much attention would they be receiving? a lot more than rfk jr. but i told him he's a challenging interview, one hard to fact check in realtime and many aren't willing to invest the time necessary to have good dialogue with him. this was his response. >> because i have spent a lot of time study ing and writing book,

i am litigating these issues, i have a very detailed domain knowledge of these areas that make it very, very difficult to defend because i know the areas so well, so yeah, particularly on vaccines, it's almost impossible for anybody to interview me. >> on the hot button issue of autism and vaccines, i told him that the diagnosis of the former is clinical. there's no blood test or brain imaging scan. rather it's based on patterns of behavior. as said recently, you ask four physician opinion, you'll get five different answers. and although autism was first sdovrd in the 1940s, it didn't end up in the 1980s. and criteria changed in 1987. plus policy changes could have affected diagnosis. considered in 1991 it was ruled

anyone with autism qualified for special education services. so you can imagine how changing diagnostic criteria, as well as public health policy could contribute to a huge spike in diagnosis. so i asked him for a specific citation to a peer-reviewed article linking autism to vaccines. he said this. >> one of them would be the first study, which is cdc study, the cdc was worried about this in 1989. they compared children of the hepatitis b vaccine in the first 0 days of life of children who did not. children who got it later and they found an 1135% increase risk for autism diagnosis. we now -- >> maybe it's correlation and not causation. >> he referenced a doctor, so i

pulled and read what he published in the journal back in 2004. here's the conclusion. no consistent significant associations were found between tcvs and neurodevelopmental outcomes. rfk jr. encouraged me to fact check him. that doesn't sound like a conclusion that suits his a arg argument. not that i expect any of this to end the debate about his views or his candidacy, i just think it's an illustration of the challenges presented when giving an airing to his views. but i think he cannot and should not be ignored. still to come, why are social conservative views in the u.s. the highest they have been in a decade? i have a theory. the editor in chief of gallup is here to break down the numbers. please make sure you're going to smerconish.com and answering this question. did donald trump's indictment in the classified documents case just guarantee him the republican nomination?

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are republicans winning the culture war? social conservatism in the u.s. at its highest since 2012. you might be wondering how is this possible? after all, republicans barely won control of the house while democrats perform better than expect ed this the senate durin the midterm elections. but new state proposals related to transgender issues, abortion, and the teaching of gender and sexuality in schools is suggesting america maybe inching toward the right. according to gallup, 38% of americans say they are very conservative or conservative on social issues, that's a jump from the previous two years when the number was at 33 and 30% respectively. at the same time, americans sharing very liberal or liberal social views fell from 34 to 29%. perhaps the most interesting finding in the survey is the rise of socially conservatism views over the past two years seen among all demographics including millennials.

here to explain the trend is editor in chief of gallup mohammed unis. what's driving this, according to your interpretation? >> really two things. numerically, it's about republicans reallying their conservative identity. we have seen a jump from 60 to 74% of republicans identifying as conservative in the past two years. but socially speaking, this is happening in a time where in the same survey, americans are at a new high of describing moral values in the country as poor and 83% describing it as getting worse. you nailed it. the elephant in the room really are those transgender rights issues and gender affirming care, and we asked about that in this poll. right now, 55% of americans describe changing one's gender of birth as morally wrong. and that is a really important statistic to keep in mind. 43% say it's morally acceptable.

69% of americans say that when it comes to things like sports and competition, one should only be allowed to ckom pete with people of their birth gender, not their gender identity. it's a really important to remember this is ad country whee perceptions about gay rights have astronomically changed have become more informed. today -- >> i wondered whether there was going to be an about dote that would come out between the last cycle and the next cycle to the overturning of roe v. wade, which was to the benefit, politically speaking, of democrats. we saw that in the midterm. it sounds like republicans have identified their issue, transgender rights, and if they are paying attention to your poll, i can only imagine how they will seek to exloit this going toward the next election. >> that will be a short game. 39% of americans say that they know someone, they have a

friend, a coworker, a family member who has told them they are transgender. as that number increases here in america, these attitudes are likely to change, as we saw with gay rights in a previous generation. that's one point. the other point really is about we know from soes logical research, the more people get to know about an issue, particularly here in the united states, their attitudes change. another study we have done with transgender recorrespspondents 13% of people who identify as transagenda have received gender affirming care of any sort. so as americans learn more about what that means, and also how widespread it is and what it entails, these attitudes are likely to change if the past is any prologue to the future. >> i'm worried this is subject for a longer conversation. i'm worried about the perception based on these numbers of

inhospitality -- people are going to feel unwelcome even more so if they are transgender and hear this data. that's going to impact the way in which they are able to lead their lives. i didn't say it as clearly as i'm thinking it, but you get the quick final word. >> this is the moral issue for america right now. i think a lot of america's recent his rhode island has been about increasing in terms of public opinion of accepting others, accepting immigrants. this is moment now where america is facing a new challenge. we will see where public opinion shifts. that's the state of affairs today. and the future will tell us. >> thank you as always. >> thank you for having me. inhospitable is the word i was looking for. still to come, more of your best and worst social media comments and the final result of

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. there's the result of this week's poll question, did donald trump's -- wow, a lot of voting. did donald trump's indictment in the classified documents case just guarantee him the nomination? 82% say no. of 36,617. i'll leave it up. keep voting all day long. social media reaction, katherine, what do we have that

came in during the course of the program this week? enough with the what aboutisms, right now we're talking about trump, no one else, focus on his crimes, this is not a witch hunt, he is not innocent. okay, well, you were doing great until the end when you say he is not innocent because obviously you've pre-judged, and are not giving him a presumption of innocence. i get it. it's a very compelling indictment. something about the indictment that i wanted to say earlier and i never got the chance, the pictures, i've been wondering, i spoke to elie honig about this, i've spoken to others about this as well. what form of evidence, demonstrative evidence might we see that would otherwise remove the dryness from a documents case? and the photographs are, you know, compelling in that regard, they kind of bring it home. i think the video tape, which we haven't seen, will be as well because when i read on may 24, between 5:30 and 5:38, his valet removed three boxes from the storage area tells me they've

methodically gone through the surveillance video at mar-a-lago and able to piece together, okay, the feds were coming to town and here was the response, a shell game of moving around all the documents. that's pretty compelling and hard to overcome. more social media reaction. what else do we have? best headline of the week. roar shack test unsealed. it's true, you wondered when you saw the documents that were spilled out on the floor, how is he going to respond to this? his response is to say who spread them out on the floor? it's the aforementioned valet, i can't get that word out of my head, ever since the "downton abbey," the carson of mar-a-lago took the pictures. you guys remember "downton abbey." i voted yes because this gives trump exactly what he wants and what he had in 2015 and '16, total media attention, it will bring out his base and easily secure the nomination. i don't know.

i'm the guy who said he'll never run. i'm the guy who said nobody speaks to john mccain like he did and gets away with it. surely this is the end. i've given up. i've surrendering my prognostication card when it comes to donald trump, i have no idea. there is an argument to say, you look at those republican candidates, all scared to death to take him on. why are you running? one more, i think i've got time. what do we have? what guarantees him the nomination is the cowardice of his opponents, i was just making this point, right? i think chris christie will be different, asa hutchinson called for him to get out of the race. christie in his town hall, is that monday night here on cnn? i expect that christie is going to come out guns blazing. underscore the point i made earlier, they're all in the race against somebody who's got 50% of the vote and is well funded. why? it's because they anticipated this was going to happen, and then when it happens they say this is weaponization. go try and process that.

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good morning to you, it's saturday, june 10th, i'm victor blackwell. >> and i'm amara walker, you're live in the cnn newsroom. we begin with donald trump heading back out on the cam pran trail today hours after being indicted by the special counsel in the classifie