larry:a you below tax red states like florida, that is the future. it is a pity that president biden doesn't get it but then again all things can change. liz macdonald will tell us about change. elizabeth: thank you, larry, what are we doing here in new york? larry: you said it. elizabeth: i said it. i said the quiet part out loud, thank you larry. mea major fights at hearing

of weaponnization of government, democrats cannot avoid facts about biden white house censorship on things like the pandemic, the corruption of the biden family selling access. >> white house silence on this, irs showing up at home of journalist. matt, do they support this? with us, congressman mike johnson, brian styles, dr. america siegel, also former activist, "new york post." and economic pro ka karol roth more and more democrats oppose they are against biden's costly energy policies. more polls show that white house is failing, possibly the worst white house in modern times. >> california task force of reparations now wants more money, what they want it about half of the size of

canada. >> and left wing groups trying to shut down house probes into the biden white house. are they allegedly intimidating potential witnesses. >> another new study, shows major side effects from covid vaccine. and another fiery toxic train derailment. thank you for joining us, i am elizabeth macdonald, "the evening edit" starts right now. elizabeth: welcome to the show, look at your money, stocks up for a second day in a row, big tech, growth stocks leading the charge, over taking bank stocks still down, amid crisis concerns, we have the key pce inflation respect tomorrow, hopefully that will give us direction on where the fed is going with rate hikes. >> biden white house not giving answers for why an irs agent showed up at home

journalist matt taibbi. major fights at house hearing on weaponization of government. edward lawrence is live at the white house with more. reporter: it has been 3 weeks since that agent showed up at matt taibbi's home, we don't have any more insight to why, not even the boss at treasury department could tell lawmakers why, testifying before a house committee that treasury secretary janet yellen claimed ignorant. >> when are the chance of that, being just luck. that the irs appeared at someone's home while he is testifying about weaponization of federal government before congress, it is one in a million or less. >> this something i would want to look into. i am not aware that irs agents do, that but in cases where there is an

investigation. reporter: the white house also puntingo to this question. >> if you could respond to this taibbi visit by the irs. this is part of a in intimidating them. >> you have to refer to the irs. reporter: irs refused comment to fox business, but pointing us to a general web page. house judiciary chairman representative jim jordan gave the irs's hard deadline of april 10 to hand identify documentation we lated to the visit of take's house. taib. >> we still don't have answers, just the latest example of weaponization of federal government against american people, it shows need for this subcommittee and work f to proceed.

reporter: also wants communications between the irs as well as white house. on this visit. >> ow edward great reporting, welcome back to the j show congressman mike johnson, you had an intense interaction. >> democrats tried to discredit our witnesses, they are disturbed when the facts are presented to the american people, they try to obscure that, one on personal attack on jeff landry, implying he was somehow okay with political violence, at the next break i introduced a document he wrote back in january of 2021, he said that political violence is misplaced. she was upset that i have the receipts when i entered

into record house without be objection, she exploded saying she did not have a chance to read, that as a courtesy i handed her the letter. elizabeth: is is the litter landry was details how democrats refuse to acknowledge social justice riots of 2020, it killed people 40 people killed, they don't want to talk about that, they don't want to talk about diff destruction to people's homes and businesses. >> that is right, it illustrates the point of our hearing, to lay out evidence and show that democrats including white house itself, are engaging in a whole of government approach, they don't want us to talk about the things, we found out today, all ofs

every that attorney general of louisiana and missouri have uncovered in their l litigation against biden administration is this direct evidence that is happened. the biden administration has first coerced then colluded directly with the big tech companies to censor and silence view points they disagreed with. elizabeth: like a whole of government approach from fbi, cdc, hhs, dhs and more, listen to more of the fireworks. >> you can examine it it say document. >> no, examine him for what he wrote and intent. >> i would point out that is -- that for documents, we got the document right here. >> mr. chairman, i would -- >> if we're not going to have ability to to cross-examine i would move we move to strike the testimony provided. if we're not observing. >> you want to censor it.

>> i want to strike it. if we're not able to probe the voracity of their statements. >> you will be given your 5 minutes here when we get. >> not here. >> not here. >> i understand that. >> surye scurried away. >> they did not. >> in a country of 330 million people. >> you could not find two people to defend their statement that is disgraceful. elizabeth: that is democrats lynch, he was angry that witnesses left after giving their statements about collusion with big tech. louisiana ag. so they left, should they have stayed. that is what he was mad about. >> no, he knows full well theatrics are to be

obscure the facts of the hearing, he knows, that it is co custom and tradition, throughout congress when colleagues and former colleagues testify, they present their testimony, and then they leave the room, not a custom for colleagues to question one another, schmidt is a sitting member of u.s. senate, landry is a former member of the house, we did what they have always done, he knows that. elizabeth: to your sense this is democrat >> right. elizabeth: national conservation has been poisoned by democrats avoiding details of policy debates about censorship and the pandemic appeal had doubts about vaccines, many have been proven like. also, the hunter biden lap top story and much more. that this white house, this presidency has been manipulates thenation national convery

says. conversation. >> this is critical for the american people to see any understand. we have to make sure that this does not happen again in future, we're on it. elizabeth: about al healthy debate. >> congressman johnson thank you. elizabeth: we had a big vote in house, to reverse biden's energy policies, saying that they are, eroding security, and raising our price, v even democrats voted for it, we have chad pergram, he is live with the story.. reporter: good afternoon, republicans made good on one of their biggest campaign promises, a bill say they would lower gas prices and accelerate drilling, house passed that bill with bipartisan support, representative gonzalez was one of 4 democratic yeas. >> i was a yes.

and it is back to my district. we should look at it from national security perspective, we should be leading world in energy production, we have cleanest energy in the world. reporter: house passed bill 225-204. other democ democratic yeas. all moderates most from swing districts. brian fitzpatrick of pennsylvania was lone g.o.p. nay . >> hr1 is dead on arrival in senate it is so ridiculous and drawn you were by a bunch of pro oil senators without regard for anything else. reporter: house speaker kevin mccarthy believes that moderate democrats they support it in senate.

>> even ask his own conference there are a lot of people there that want to make american energy and american stronger, if they really care about lowering global emissions they just raise, missions under their majority. reporter: president biden threatened to veto the bill. it rolls back the president's environmental policies, and adds 430 million to the d deficit. elizabeth: thank you, chad. >> look who is back with us, chairman of house administration, congressman brian style, and karol roth. congressman how can chuck schumer say that democrats were not consulted when 4 democrats voted for house energy pill, bill, and dozens say yes to vot vote tokin -- stop voting for bind's restrictions. >> he just wants to hide from the fact that biden

administration has been conducting wear on energy since day one. day one of biden administration they killed keystone pipeline, they have done every policy they put in place, raising energy costs for american and a key component of what is driving inflation higher, hurting americans in pocketbooks. elizabeth: to what congressman said, karol, we like your reaction to what house majority leader steve scalise saided. >> air force one last time i checked there are no solar panel its takes jet fuel, he flew to saudi arabia and begged saudi to produce more oil. he is not against oil. he is just against american oil. >> what do you think? >> i think it is true. the fact of the matter is that everyone person proclaiming there is a climate emergency is not acting as if in is one, as the steve scalise said and

we've been talking this is an issue of national security and economic security, now that we have the brick plus nations trying to make energy the defacto reserve currency it is moru urgent, i am thrilled to see we have moderate democrats who say enough with that farce, we need u.s. to once again lead the world in terms of fossil fuel. elizabeth: prices are up double digits. steve scalise saying that americans are tired of liberals who wake up every morn and bash energy when we do energy cleaner here, look at president's bad polls, this is a failed presidency. gallup. and new fox poll, 2/3 disagree of his handling of the economy, 9 out of 10 worried about inflation, 54% say biden is dishonest this

is a failed presidency congressman. >> yes, suit absolutely, they are reflecting what i hear every day when i home in wisconsin, people are falling further behind. people are thrust rated with the crime -- frustrated with crime they are seeing, they are frustrated with this administration and its disconnect from reality which challenges. >> carol . former cheaper economist wrote in "financial times" biden massive cost of green transition will driven -- drive the interest rates higher this say push to ditch reliable energy that is out of control. as, we have now, you know he says follow california. california's greener energy moves to go electric, stanford university study saying people charge their electric cars at night. wind power, solar power goes down at night.

how can we follow california? >> we can't. it like is having a life saving medicine you are on and someone saying we're coming up with a better medicine, go off the life saves medicine and hope this thing we're selling is available and works. you don't do, that if and when they can prove we did this at scale, then at that point you request can make that shift, until then the rest of the world is running on fossil fuel, like we said before, we do it the best. elizabeth: yeah. that is the story. >> congressman style and carol roth thank you. >> thank you. >> this story, left wing grouping called out for trying to shut down house probes into the biden white house, are they allegedly intimidating and har as potential witnesses. >> former black lives matter activist derosa is joining us -- california reparations task no force demanding

more money. >> guess who will pay for it? minority tax payers and everyone in california that is next in "the evening edit." >> just a political trick. you know, like many political tricks that have been used in the past to try to get people to vote for you, they know good and well reparations will never occur. ♪ ♪ california ♪ ♪ rest in peace ♪ ♪ ♪ ♪ (fisher investments) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our client's portfolios for their long-term goals. (other money manager) but you still sell investments

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elizabeth: reports in california activists now demand that california pay much more money in reparations, kelly o'grady is live in los angeles. reporter: seems that every few week price tag goes up, we're lewe're looking over 800 billion, economists earmarked 246 billion for years of over policing and housing discrimination that will go up further, it doesn't factor in a recommended one

million per f person or undecided figure for the devaluation of black businesses or property taken. there is a separate task morse in san francisco suggested 5 million would be a more appropriate number, in a meeting yesterday, a call residents balked at that. >> san francisco already made a move, 5 million is nothing, i i'll you why, if they spread is over 50 years, that is 100 thousand a year. we need do this. we need to get the money. reporter: one big criticism legal in california, another big ush issue how to pay. the state faces a budget sev sit. that deficit keeps increasing that continue to go up, reparations price tag continues to do up and social spending that

partially caused or inflation issues, more spending is unlikely to help. elizabeth: quite a story, kelly thank you so much. >> we're so happy now to have xavier derosa, thank you for joining us. you are a former black lives matter activist. what do you think of this? americans, see racism and slavery at revolting, but costs keep going up and up and expert say taxes in california will go up that means minorities will pay. >> they are wanting black americans to feel like mediocrate is the way to go. they tell us, we do not need to put n to put into effort. you see the leftest lawmakers who are using this evil boogeyman of systemic racism as a way to get us to vote for them in a way for us to listen to them they know makings empty promises

means they will not have to focus on real issues that are happening and their failing policies, this is insulting to look at this they want us to view our hifhistory as just black people sitting arouge, being comcomplies an ant and looking for a hand out. elizabeth: it is -- what you say is compelling. thank you for coming owhat they are wants about half of the size of canada gdp, more than that of saudi arabia, they want to put it on scale of medicare and medicaid, california has a lot of homeless people. this is budget busting stuff. a lot the people need a lot of taking care of. >> absolutely, this is economically impractical, they know this will never happen, they are trying to get that gold medal in virtue by pretending they

are fighting so hard to right all wrong of the the past they need to right the wrongs of today so many of those homeless people they are veterans, if anyone should be getting a dollar or only spending a dollar for a home it should be veterans who sacrificinged f-- sacrificed for us, not black people just because they are existing, in a state like california with barely any history of slavery ever. elizabeth: you know. what you say, it systemic racism, that idea is poison. because it enshrines victim hood to push to get reparations and any redress for what black americans have gone through, but america, yeah it has made mistakes, we try to fix it america is a good country, we have a bill of rights and a constitution that needed updating, there are -- this is constitutional, it could violate equal protection

clause. now, they are talking about july 1 deadline, governor newsom has to take this o on, they want to done via executive order that would violate the state constitution itself. they have to put it through legislator, now they want to ram it through, what to you think. >> i think it is horrifying that will put all of californians. in economic turmoil, you are right there were injustices in the past every nation, has injustices in their past, as americans we have the prive lanl lang -- privilege to look back and say we have been so much to fix the errors of our wrong and bring equality. it is a slippery slope too think we have to right the wrongs of every single demograph nick america. demogra?

in. elizabeth: leo terrell of with us last night. >> you can't show me any proof of damages of any black american living in california. this is nothis ising in nothing more than a political stun by democrat to stop exodus of black male, leaving the democratic party, another point, there are black millionaires in california, you are giving black people money because of skin color regardless of economy s status, it makes no sense, call never had slavery, this stunt originated out of 2020, summer of riots and gavin newsom suessing this reparation bill to bolster his fail presidential campaign in a new future. elizabeth: what do you think? >> he is 100% correct, black and white tend to not be colors that matter, the k08 color is green, we need to

stop focusing so much on race, and focus to ratio economic issues. elizabeth: thank you so much that was really smart stuff. >> thank you. elizabeth: we're digging into a new study, shows that major side effects from the covid vaccine on women. "new york post" miranda divine, we have left wing groups called out for trying to shut down house probes into biden white house. and are they allegedly intimidating and harassing potential congressional witnesses? that is coming up on "the evening edit." ♪ ♪ crying all the time ♪ ♪ you ain't nothing but a0 "hounddog" ♪ ♪ crying all of time ♪ ♪ ou only py for what you need! whoo!

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elizabeth: fox news learned former president trump has

been indicted. grand jury in manhattan has voted to indict him, welcome back miranda divine your reaction? >> it is terrible for the country. it just further fuels division and fuels the suspicion that everyone on the right, every conservative has that we have a duel system of justice. where trump and anyone who supportse him is his voters will be treated unjustly, there is a ridiculous -- there is a r ridiculous charge, about hush money they both trump and his former lawyer, michael cohen, deny was ever paid. michael cohen who was jailed for perjury, he is a convicted liar, he changed his story. so many times, grand jury

was told that, in many ways, particularly by very good witness bob costello. and it is just the evidence is ridiculous. why would you go down this path when new york is just awash with criminals that don't get charged or locked up and we're all in danger because of it people are getting punched in the face, women. near central park. and alvin bragg does nothing about that, but he wants to arrest and make a mockery of the former president. elizabeth: downgraded about 52% of fell don't misdemeanors, alvin bragg. manhattan d.a. taking to court you know with had grand jury indictment, a case that justice department tossed out a few years ago, a case that federal election commission would not take on

that similar case john edwards paying money, that was tossed out. because they could not prove in court the payments were not made to avoid public embarrassment. dondonald trump lard already said he paid this money out of his own pocket, do you think that case gets locked out, c cos costello said ga grand jury w only shown three emaims. >> the edwards case is the opposite, donald trump supposedly in trouble for campaign violations for not paying the hush money. you know, it is michael cohen, paid that hush money

supposedly, but then he didn't, but then he did. we don't know the truth of this the grand jury has been convinced. but, why alvin bragg can't went down this track and continuing this, this setting precedent, this is first time in history, this happened to a president, he is setting precedent for a plisflimsy case. ure b better have a good case from, outside this case is a joke, everyone says it a joke, left, right, does not matter who you talk, to this is a flimsy case, i don't think that american people approve of having justice system weaponized against the democrat 's political enemies, d

donald trump declared he is running supposedly against joe biden for 2024 election, this is what the democrats do to him. elizabeth: so, this whole idea about you know get trump, that has been the push for years. when you talk out the word trump, you take you look at facts of case. normally if this is true, taken to conclusion, it say misdemeanor that is usually settled with campaign fines and monetary penalties not an indictment or a criminal indictment where you are threatened with jail, miranda. >> right, and also statute of limitations has done out, they are doing something tricky with covid on that score. as i said this is a pl flimsy case, you are just furthering the dis

distrust that american public has. you are turning 2024 election into a circus, you making donald trump more popular with his base, that is possibly the motive with democrats. they want donald trump to be the republican nominee. because they think they can beat him. they think they have done it before with joe biden. remember democrats are in a hell of a pickle. joe biden seems hell bent on running again, he already is 80. and kamala harris is waiting in the wings not showing signs on falling on her sword, these people are unpopular. and unelectable, you would think, so, i guess what the democrats think they can do is get donald trump in there, then do the same demonization and softening up, likened what they are doing to donald trump to what pick they do to the

bull, before the mat dor -- stab him until he is active and bleeding and matador comes up with thinks he is vanquish him, it will be hard to get donald trump done, he seems resilient and endured many slings and arrows in the past, but this is not good are in the country, this is a terrible thing, d donald trump can look after himself but i am not sure our politic could survive this kind of abuse by democrats. elizabeth: basically reportedly rejected viability of using a new york law to effectively charge a federal offense, turley said, this is a case that will be high, made for tv prosecution, high in ratings but short on the

law. that john edwards charge, that case was more p powerful case to accuse him and to find that edwards was wronged this case is so flflimsy in pretext. he could say, i paid money, i didn't want to go through embarrassment. this case could -- do you think this could be o won on appeal? >> yes. it is a silly case. i don't think it has any hope of survivor an appeal. like dc, you will probably find a jury in new york that hates donald trump. but, this is also just one of many legal attacks on the former president. we have one in georgia over election alleged interference. we also have the special

council looking into alleged mishandles of classified documents, that is all blown up in their face. joe biden has done much worse allegedly, they found now i think classified documents at 4 different locations, they just found them in his lawyer's office in boston, they found them in his home in his messed up gar an,age and office and university of pep pen pennsylvania office. they found documents to trace back to his senate days, which is more peculiar, it is tougher for a senator to have documents than a president or a vice president. they have to go into a locked secure room. they can't remove any documents, how did he manage that. >> these are questions that special counsel, merrick garland had to even up the score. i think that is pretty much

neutralized that line of attack. maybe georgia is not working out well for them either, maybe this is all they have left is this ridiculous case in manhattan. just a joke. everyone around the world is laughing. elizabeth: the federal election commission, had fined hillary clinton campaign for burying their funding of the steel dossier that launched the trump russia collusion probe and mueller report. but they were fined, it was not ratcheted up to a criminal indictment. >> right, this is the problem with this duel system of justice, you saw the doj and fbi we weaponized again donald trump before he took office, the steel dossier was cooked

up by clinton campaign and was basis for their on going spying on donald trump, his campaign. people worked for him, locking up people in his campaign, charming them with -- charging them, just throwing book at them to undermine and cripple his administration. you know, they did a pretty good job of that. elizabeth: now america's got trump. alvin bragg has trump, reports coming in that trump has been apprized of the dime, indictment, capitol hill had no heads up, what do you think of republicans wanting to call in d.a. bragg, find out his abuse of federal moaning money -- money toward working on this dime. entitleme. >> -- this indictment. >> that is fair enough. it is uncovering really

horrendous abuses, looks like alvin bragg is doing the same this new york. he went into his campaign, promising he would get trump, the same as letitia james did in new york we're seeing democrats who seem to be on the one hand whipping up hatred against the donald trump and his supporters, on the other hand, earning you know, campaign dollars and getting in to office by promising to fulfill that hate for their followers, it is unhealthy. and i just dread to think where it ends. elizabeth: your sense is they are pending, pushing and twisting the law to go after a former president, they didn't like? do you feel like americans gets that sent of what is happening? or do you feel a lot of americans don't have that information. don't understand the

importance of nuances of that and how bad it is for the nation? >> well i think it is you know 50/50. i think you know people who watch your show and fox news, read the "new york post" and who you know are conservative voters, republican voters most of them, they understand what is going on. this duel system of justice is damaging, does not matter whether you like donald trump or don't. if you that are other half of the country or maybe 45%, that gets all your news from the left wing media, the "new york times," the "washington post," cnn, and so on. you don't know about this you are just told ratcheted up b like a crazy radio signal in ri red, white rieux be.

>> it was hating on trump, 24/7, no human being is that bad, but they created a blood luft, there are people who have been fantasieses all over social media for years about seeing donald trump in an orange you know jail suit. and that is what they want, they want trump behind wars, they love it they're cell -- salivating over it, this is success, people in politics should not be pandering to it it will come back and bite you, democrats are smashing the norms, what will happen, what is already happening you see with january 6 committee, the norms they busted there. the house republicans are doing t same this when january 6 c committee decide will put pet peter navarro in leg irons.

and steve bannon himself, the republicans requestk can play that game too. it is just rancor and division, under joe biden who i think he won a lot of votes because he promised to be the unity president from, day one he has been the opposite, he has demonized trump supporters 75 million americans who voted for donald trump, it does not matter whether you like donald trump or approval him, you can be a never-trumper, but if you are honest you have to say, this is catastrophic, for the country. and it is just terrible for the politicians. elizabeth: it will send shockwaves through the political system, it will push american political system you know to edges it has never been to before, miranda divine thank you so much. >> bring in sam dewey, news

coming in former president trump has been indicted your reaction? >> i'm saddened. this is an incredible based on all we know, and the d.a. been leaking nonstop, this is sad, this is an incredible escalating of weaponization of government. >> you know -- go ahead. >> the d.a. leaks every he gets, liberal commentators saying you have no case, what are you doing? he did it anyway. it appears. and that is just sad, it is division. it is escalation, you don't do this unless you have a good case, they -- everything that we have seen they don't. elizabeth: sam, spell out

weakness of the case under the law. >> i don't know where it starts, there is sat o statute of l limitation and if we prosecute this, why not prosecuting hillary clinton? she in new york, you know, agreed to administrative settlement based on what was going on with the steel dossier, one of star witnesses michael cohen is uncredible. you have contradictions and letters from his former attorney saying, it was not a payment, you have you know stormy daniels say i s -- say it was not really a payment, you have uncredible witnesses, you would think before you do something like that, it will tear the country apart, you have a

solid case, everything that we've seen the case is justin credibly weak, doubling sad and concerning, only logical explanation from my perspective is that d.a. bragg thinks that my case is not weak, i will count on a net new york political judge to give every ruling in my favor and new york jury to walk into the room you know, and think why do i need a trial, i'm ready to convict trump, now, regardless of what you think of trump this is a sad day spark -- it alarming. >> jolts, putting 2024 race into unchartered waters, former president trump indicating he will run again, what happens if they arrest former president trump? >> i don't know. we don't know how that would work. he is entitlemented to 24/7

secret service protection, established law they can preempt federal preemption of state actions. we don't know what would happen, i assume there will be some arrangement he comes in getting finger printed they get their mug shot photos and he is released? i don't know when the proceedings would be scheduled. it is just, you know, a disaster. there are so many questions, i really hope that one that every takes a step back and realizes we need to be calm. we need to contemplate the damage that has been done and respond in an appropriate and measured manner, you don't want to exacerbate the problem or damage done, i think we'll see that -- i think that given the, i'm not saying that republican d.a. should prosecute people on thin cases, but give than bragg

is doing this with federal campaign finance laws it appears, his office getting a lot of federal funding and releasing people who commit violent climbs. i expect an in the house, i would -- there is a floor resolution authorizing an investigation under this. to just highlight how unacceptably destabilizing this is. elizabeth: da bragg campaigned on saying he would prosecute trump. how does that weigh in here? >> i think it shows that this decision was baked, it raises a lot of questions based on the weaknesses in the case that i have outlined it is part of why we have to see, you know the

unusual situation of the house looking into this. giving a strong federal interest at stake, i expect it will be part of the trump team legal argument to say, he publicly said he was going to pros prosecute me look how weak this case it, you have to look at this judge, you can't be blind to the reality of that. before he saw the evidence that goes to how destabilizing it is, you hope this is not a career democratic p politic in new york who is willing to look at this with a gem lit eye. elizabeth: there has been all sorts of flurry of activity. >> i just think that goes to the weakness of the case. that everything that has

been leaked, some by the d.a. shows there is a weak case, i think that you know particularly because this is a essential trying to turn to a state crime, federal campaign finance law, where there is a fair measure of preemption, it is so official f important for the house to get involved. and i think i would like to see leadership push back against this action, as destabilizing by going to the floor and having a full house vote and saying no. jim jordan and james comer have the authority, you will answer the questions. elizabeth: sam dewey thank you for the up -- insight on the breaking news, chris is here now. your reaction to this news, former president trump has been indicted? >> i'm a little bit surprised. i'm a former prosecutor, but also spend 25 years in fbi,

ran the fbi criminal division, i know what kind of evidence it takes to make a case. i am just shocked really that they would use the testimony of a w witness with zero credibility, cohen will get crucified on on the witness stand if this goes that far, i am surprised they got this past a grand jury. elizabeth: do you believe that president trump will be arrestd. >> i don't think so. you know, i would put anything past this da, trying to make a name for himself, he does not seem too have much integrity. going after former president on a change like this. which is sort minimal. overall scheme of things. i don't think that they will arrest him, he has secret service protection, there is he is not going any where, to arrest him would just be

for the drama, i would not put that past the d.a >> when we were reports to the story, talking about how weak it was. the news came in that legal adviser to michael cohen, convicted of perjury, indicating that he gave -- turned over 321 e-mails about this case. he was saying there is nothing there but he says that the d.a. cherry picked, 6 of those e-mails, set aside the other 315. and 6 e-mails he put forward, he mislead the grand jury and twisted and turned two e-mails said. could trump use this to appeal and do you think that trump could win on appeal? >> yes, i think there is a variety of ways that the former president can use

this. what he did. and how he did it one, this is -- this indictment will go forward. but a judge can dismiss it at any time. he could try to take it to federal court, and have that removed. to federal court based on federal -- you know federal statute or a federal s s -- statute involved. appeal comes further down the line there are a lot of options in between. you know. this type of evidence just tends to dissolve once subject to scrutiny. before, that if it gets in front of a jthe judge could throw the case out. elizabeth: what if alvin bragg, suggested he will try to get this case before a judge. who would be more favorable to his position on this

>> i'm sure donald trump will have good lawyers and they will know, they will know how to work this from a procedural standpoint. and fight that, that home cooking if you will but i can't imagine a judge with acting ethically because i believe this d.a. acted unethically. liz: now has he acted unethically? >> if he not presented all the exculpatory information to the grand jury, with holding exculpatory information is is unethical. liz: chris, final word, what does it mean for the u.s., american justice system, legal

sources from both the democrat and republican side, looked at the case that it was incredibly weak, not the case to bring, but they pushed through forward anyway? what does this push for the american political system and american conversation as a whole? >> it just isn't good for our system here to weaponize some gunslinging state attorney general, county district attorney to use the considerable prosecutor power that person wields to turn the justice system in his power and discretion into a political weapon. and just to score political points here. it's terrible, terrible precedent. liz: senator grassley said this too. if they could do it to him they could do it to you. any sober-minded person, rational person, sober-minded

person looking at the case, taking out trump a serious person would they have brought it? >> i don't think so, no. as i said i'm a former prosecutor but also an fbi agent 25 years. lawyer, practicing attorney now. i don't see it. you have a witness highly impeachable. you got cherry-picked evidence. then you have another person who is presenting a ton of exculpatory information that blows the case out of the water. you know this is a d.a. that won't arrest real criminals but out doing this. this gets you scratching your head. you can take it to the state bar this unethical act on the part of d.a. liz: chris swecker, thanks for joining us on breaking news. former president trump has been indicted. take it to dagen and sean. breaking news there. dagen: thank you so much. breaking tonight -