food tax payers are bearing the brunt. >> we're being guilt trip intoed it, mexico is not the poorest in the world, if you make moral argument are their poorer countries? i think that argument collapses. we can't take care of our own citizens fully, even -- until we do that, at a minimum we can't acom accommodate anies. dagen: this adds up assault to education to broken state of in america, now we'll saddle this county in texas with something that is untenable, they cannot manage. sean: unfair. dagen: of school district that is failing will fail more. sean: thank you for joining us, now in denim, the great, kennedy. kennedy: right, sean and i compared outfits on the elevator, we agreed as did 4

out of 5 dentists that we look fantastic. sean: you said my tie looked short dagen. kennedy: i am wearing a jumpsuit. dagen: he called you doing dagen mcdowell en.. >> we have breaking news, live in mar-a-lago. in florida, former president donald j. trump is expected to speak in just a over an hour. former president landed at palm beach airport, a look at his plane, a good one, fans are lined up on the roadway outside of the airport to mar-a-lago to catch a glimpse of 45, it comes after he pleaded not guilty, one of the most remarkable moments in modern american history. this afternoon, former president was arraigned in new york city on 34 felony counts, a photo from inside of the courtroom, only photo released. the former president does not look happy much probably

because this marks first time in history a former or sitting president has been charged with a crime. so, why are we're here? according to the indictment, you should read it, if you have not yet. -- it goes on to say. from august 2015 to december 2017, the diff a scheme with others to influence 2016 presidential election by identifying and purchasing information about him. to suppress its publication. in order to execute the unlawful schemes, they violated election laws and made and caused false entries to business records of various entities in new york. as you know, a lot has to do with alleged hush money

payments to adult film star, stormy daniels. that were made to cover-up trump's affair with the porn star. what a sentence. it involves a playboy playmate, what? >> a trump tower doorman, kinky. after the hearing manhattan district attorney alvin bragg tried to explain why he brought the case, emphasis on tried. >> i have been doing this for 24 years. now having done so, the case has been brought. >> why now? >> as i just mentioned we have had available to office additional evidence, basis for business integrity and well functioning business marketplace is true and accurate record keeping. this is the change brought here, falsifying new york state, records. kennedy: oh, no! better go get him. alvin, late the rapist and

murderers run free, hell of a way to run a city. trump team sees it differently, claiming that d.a. case is weak and that practbrabragg is over charging the former president. >> a state prosecutor is prostituting federal violation that does not -- prosecuting federal violation that does not exist. kennedy: next hearing, not until december. you better put your boots away until then, we didn't even get a mug shot. how big of a day was this? what can we expect the former president might say tonight. joining me now to discuss fox news chief political anchor, he has been at it all day, i marvel at hits political and. employment stamina, bret, i was 3r promised a mug

shot. >> no mug shot. today was surreal. it was. it was also there was a sadness about it. you know there was no matter what you think of the former president, other countries around the world have moved forward with indictments and charges against former leaders. we as a country have never done that until today. it is democrats and the legal folks supportings a manhattan district attorney saying no one is above the law, that is true. but there is a sense that this particular case may fall short. if you read those -- as you read the specific d indictment charges, 34 it is a bit of a bank shot to get to a felony, it does not provide all details you need to say what it is about. assumption it is tied to federal election law, something that other law

enforcement agents decided to not go forward with. but alvin bragg who ran on taking down the former president is moving forward with this. the question is, whether this judge will say, yeah it's okay. it's weird but okay. earor say this does not hole water. kennedy: let's talk about a change of venue. you work in washington, d.c. you know how congested the city can become when president and vice president move throughout. when you have a former president who garners so much attention, positive and negative, there is the motorcade, pulling along there toward mar-a-lago. >> yeah. kennedy: i can't wait to see what the president will say this, will be an exclamation point on a wild night. it has gotten wild here in new york. there were counter and offensive protesters fighting one another. it is really expensive to

secure a city. do you think they will try for a change of venue? >> the trump folks are. less so about the crowds, i don't think that there were as big of crowds as everyone projected outside of the courthouse today. maybe a couple hundred total is what bria bryan llenas told me, but largely peaceful but for a couple moments. kennedy: that one lady. >> yeah. that one lady. there will be a change of venue ask by the trump team in part because of the political ideology of manhattan. they would like toa stake it too staten island. you are right it costs a lot of money to provide security and all of the routing for the former president, even to get from trump tower p to the courthouse. the fact they want him to come back for a procedural move in december something. kennedy: interesting.

the d.a. is seeking a trial that starts in january of next year. what else is starting in january of next year? >> new hampshire, iowa. kennedy: interesting. >> it will be fascinating this case will come down to pretrial motions, the disdismissal of the case, if it can even stand up, a misdemeanor where stastatute of limitations have run out, that is where legal expert will say to this judge, you know, yes or no. kennedy: yeah, no, they will call an audible. i don't think it will go the way that many democrats are hoping. but it will get more interesting bret baier thank you. >> you bet. kennedy: a long day, crazy too. >> a massivic historic day.

president biden remaining silence, who asked about trump's indictment biden just smiled because someone theysaid ice cream. peter doocy. >> all that everyone in country is talking about at this moment, while we're in here is trump, does the lack of comment mean you do not think anything happening in new york today is one of the top issues facing the country at the moment. >> that is your assessment. that is not my assessment. i am just laying out the facts we're just not going to comment. kennedy: yeah, because i don't know what to say, i'm karine . they love to blame trump for everything, but now he is changed, why are they silent, our party panel, alexander wilkes.

and juan williams. and cofounder of base politics hannah gui hannah cox. atalex andra you have legal merits of the case which seem to be weaker than others that might befall president in near future, then the political ramifications. who pulled out ahead today? >> if you read this indictment, it looks like it is held together with dental floss. i know there are critics of the president who have read this and said to themselves, this is just trash. it will not hold up, i think you have to look at the precedent this sets for us as a nation going forward. and by the way i would object if there were an overzealous republican prosecutor out there somewhere who wanted to pull together some charms to

charm joe biden or previous democratic president with the same partisan zeal. we will see every president there after will be charged by someone who wants to get their name in history book. bragg came off weak in his press conference. you look at news conference and what we are hearing, all eyes are on donald trump, in 2015 and 2016 media and democrats learned hard way that is not what you want to have. kennedy: former president is pulling through in the motorcade. windows are down. fans, lining the roadway. flags, american and pro trump. flapping in the evening breeze. they seem to be energized by this. which is one of the political risks of making this too political. your thoughts, juan? >> well, that is right.

the other side is, not good for anyone, nobody wants to be charged with a crime. from what we saw former in courtroom today did not look happy or like an energized guy who thought this is a weak case. he did not look like that but you know. to my mind. going to back to what you said, if you were paying attention to cable television, this is like the moon l landings, oj simpson like, every channel, every minute has been covering it. like a rerun of 2015-16, when cable channels paid so much attention to trump, you have a case involving sex and a man who might be president of united states, people are like wow what is going on. they are pecking some explosion -- they are

pecexpects some explosion. on other hand i don't hear anything saying, i don't think he is guilty, people say, it is political. but. the fact is there is a case. we'll see what the judge has to say. kennedy: i'm glad juan brought that up. hannah, the reason people think he is guilty is because they know that any man who is in power or seeks power has probably been throwing the meat wand around the magic castle if you know what i'm saying. >> oh. >> right, this is a techtechnicality and alvin bragg looks like stretch armstrong with this, i am not a trump fan, i have no problem going someone who

broke the law, we didn't go after obama when he was drone bombing american citizens or joe biden who is using hit departments to censor americans on line. i want too see us go after politics for things that hurt americans, like violating their constitutional liberties, not for stupid campaign finance violations they are just gotcha changes this is a witch hunt. kennedy: it is really the first thing i thought, was they used phrase catch and kill in the indictment. like, that is with hunter biden laptop story. instead of america media incorporated it was twitter, panel is coming back. much to discuss on this crazy day, first umup the legal headache has just begun for our former president. will we see him face trial. who would be on that jury? do you want to be on that jury?

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kennedy: welcome back, we have more on today's court hearing, here in new york city, a live look you seeing in mar-a-lago.

we're awaiting a big speech from former president trump. not one to miss a moment when all of the cameras are trained on him, number 45, pleading not guilty to 34 felony counts of falsifying be records, what happens now? next hearing is d december 4, prosecutor hoping to start trial in january of next year, at height of primary season, that should be fun, and a weird coincidence, this is no, not political. can former president get a pair trial in manhattan, he does not think so today, writing today: >> so, will this trial happen at all? with me no discuss assistant special watergate prosecutor, of new york, john sale is here welcome to the show.

>> thank you, i appreciate it. kennedy: you have commented this is a solemn day, this is a historic making day. i don't think that there is cause for celebration, it portends change things to come. does this remind you when you were working on water gates investigation. >> we were reminded that when president nixon resigned in it is grace, not to celebrate. it was a sad day for america. whether you favor president nixon or not. to see a president step down the way he did. similarly, one williams compared this to, oj, i saw them following president trump's plane in west palm beach, landing at laguardia, closing streets of new york, that reminded me of the oj chase. everyone said this is first

president in we have 234 years, i think 46 presidents, we never had a president indicted. it is a sad day for the presidency. the whole world is watching. and everyone who talked about what might be in the diindictment, including me always had caveat, we don we don't know what we don't know. they must have more. but they don't. where's at beef. there something called prosecutorial discretion. there are standards that ababa and department of justice, they say even if you think there is sufficient evidence if you have a case that's mere technicality, you can consider a bunch of reasons why it is appropriate to not bring the case, my former office, not under trump, but

yes under trump but under the biden justice department looked at this case, in essence a federal case. they declined to prosecute it. and so, that is what a prosecutor should have done, exercise discretion and decline to prosecute this case, and went on to appropriate cases. i'm not an apologist for president trump. kennedy: i want to point out that he did ask you to be his lawyer. at one point, you said no, do you have any regrets about that considering the interesting legal turns his life in these cases have taken? >> in the past, i said i have no regrets, a little bit of me has regrets, the trial lawyer in me, i see a weak case. i see michael cohen, i would love to cross-examine, he has such an agenda. on another network there is not a camera he does not go before, a fact witness, i

never had a cooperate or as a prosecutor who went on camera, i saw him compare president trump to al capone. every time he goes on television, i think to myself there is more ammunition to cross-examine him, and reasonable doubt, i don't think this case will get to trial, if it did. if k cohen is not talking reasonable doubt i don't want who is. kennedy: jon sale thank you. >> thank you. kennedy: coming up, manhattan d.a. alvin bragg broke the seal when he indicted president trump, is it now open season on all former u.s. presidents, i'll break it down in my memo, next. ♪ ♪

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is over. no american president from that day forward will ever stay out of prison, trump arraigned on another fun felonies. the seal has been broken from presidents clinton to to biden go get fitted for stripes. everyone knows that new york case is such a stretch elastagirl can't wrap her arms around it with an issue on the statute of limitations, and request cross party apathy. it could jeopardize the other cases again trump. former president was annoyed as though he seemed he was being punked and ashton kutcher was come out of bushes and say jk . he is promising strong words in a mar-a-lago live people. happening in about a half

hour, maybe 45 minutes there is no doubt he has not been politically wounded by this, it has gone galvanizing for republicans who cleverly circled the wagons again witch-hunt. with the trial and more charges, will the 45 be consumed with vengeance to focus on issues and answers that could get him reelected? if history is a guide, he cannot help himself. he will make the election about only him. and his legal problems which will serve to turn off his most ardent supporters, donald trump will be momentarily lifted by this mischange of justice -- misc miscarriage of justice. they all faced worst, managed to remelt the uneven

bars until we see if former president trump can stick the landing, can he? we don't know. that is the memo. all right, how exciting. the indictment sending lawmakers into a tizzy, the squad cheering from rooftops, republicans say that door swings both ways, wink. did democrats bite off more than they can chew, joining me now host of ben domenech podcast, girl dad, ben domenech welcome back. >> good to be with you. kennedy: what are you thinking today as you watch this unfolded? i am excited about the prospect of horrible people being brought to justice regardless of who political office may they have held. >> i think that we have to in this moment acknowledge how ridiculous this really is. to see first president -- former president in history

indicted under the ridiculous claims that are advanced by district attorney bragg. that is abhorrent. i think we all kind of would like to see you know former presidents be treated with respect, you know without having to kind of be chased around the globe. punished potentially for the crimes that people would like to go after them with you and i remember when george w. bush was going to be accused of war crimes if he traveled to a european country. and i don't think that in america we like to see that type of thing. but i think we are like like likely to see going forward an attitude toward various posh politicians that steps up level to which people are willing to go after them in a prosecutorial manner as soon as they get out of office, that means when politics are in office, they will raise money not just are in their

future campaigns but also their future legal fees, a for things they will have too battle once a retire or get knocked out of was on office, that will change the character of our politics and leads to less bipartisanship than very thin scraps that we've been dealing with in recent years. at least in short-term, i think that will be something that is bad for the country. but i think that is something that is inevitable. a consequence of level of unserious nness advocated for by many of president's opponents and media who want to see him in shackles o or a jumpsuit, they didn't care how they got there, they just cared that they got there. at the end of the day, they should can the be happy,

even cnn and the likes is telling them the charges look really thin. kennedy: we wish there were more but there is not. will he be able to mount a comeback. with the georgia and special prosecutor. >> it's a long list. you should not have to remember all of bullet points with you come on tv. it is way too early to make a case one way or the other, a lot of people are jumping to conclusion this will hurt the former president if he gets to a general election with independent voters. i don't think that independent voters will vote in nef november of november 2024, or months leading up to it with election season based on anything that comes out of that new york prosecution. but one thing this i think

we can say, this makes all harder to mount a successful campaign against him within a republican primary. -- even if they oppose him, and think they would like to move on from him, they are surrounding him, circling the wagons around him in this moment and defending him against something they view as unlawful and unethical even mitt romney says this is out of control. that is how far this has gone. kennedy: yeah, that is and george soros said he was very unhappy to have to indict him today, but he had to do his job, ben domenech thank you, always appreciate your time. >> great to be with. >> democrats may be cheering, yea. woo. but, could they besetting themselves for a repeat of 2016, back then many liberals thought trump had no chance of winning the

presidency, the media hatred of him made him more powerful. recent polls show former president surging, and raised or than 8 million since his indictment, could this atmos atmospheric for -- fervor to get trump get him back in oval office, the parties panel is back. this is a stupid playbook, i thought democrats did a better job when they starved him of attention, but now they are feeding the beast. >> absolutely, i felt i was having flash b backs, seeing all for ins with the plane and motorcade it was unbelievable. you know funny, i saw a headline somewhere that said, you know biden dodges trump circus. is that really what happened? to me it looked like nobody cared or knew where joe

biden was today, simple reason that trump was dominating the headlines in the same way he did in 2015-16 period where none of the other candidates could get oxygen. , i think these networks and democrats needed this for their own pleasure, and networks for ratings. kennedy: they do. that is such a good point. they need him. they need him to run against. he is a much better foe, he will speak for about 30 minutes tonight, at least from mar-a-lago. what are you expecting him to say? who should he say, juan? >> well, i expect he will play to the republican appetite for grievance, and say this is unfair. and then, he has to be careful, you know, what we heard today was judge saying, he doesn't want him inciting problems or trouble

in the street and the like. kennedy: or he will put a gag order on that. >> he is already attacked the d.a., and suggested that the judge is biased again him. -- i don't think what else -- but, he understands that there is an appetite for people who say, a republican is being treated unfairly by those democrats, by those liberals and by manhattan. he will play to that 100%. i think he will get a response. the thing is he is getting a response from people who already trump supporters. i think you know with people who may have once supported him, voted for him in 16 but not 20, i think those people are getting tired of baggage. kennedy: i think that is a logical place to land, but the polls don't show that right now. it is like, you know logically you would say they love trump policies, te'adesantis is

offering trump policies he is 700 years younger and more rational. that is not showing itself, maybe when desantis officially declares or eclaires, which are delicious. hannah, your thoughts about where we if from here. where we are, is it getting more absoared? absurd. >> it will get more absurd, i went wait for the speech, trump is highly enter entertaining. they are crazy to this they forget how ka charismatic he is, you have given a lot of people to feel sorry for him, see him as a victim of big government. i think before that, a lot of people were tired of trump they want someone more sane and rational, but if anything can bring those people back to support him,

it is this democrats, they might have majority in country, this is why they lose all of the time, they don't know how to play chess and think 10 steps ahead, they want to say a indicted him and show what a bad guy he is, when it does not have a lot of meat nobody cares. just people on the left with clinton's ordeal in 1990s. kennedy: and john edwards, i thought we have a cultural agreement. although things may be icky, we don't want them eclipsing our politics, because we don't talk enough about policy when that happens, alexalexander, juan and hannah thank you. >> thank you. kennedy: twisting and shouting. there is other news out there u.s. government demands russia release an american "wall street journal" reporter. who has been accused of spying. what will it take to persuade russia to let him

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♪ ♪ i get a kick out of you ♪ ♪ kennedy: there it is. woo. i know that if i took even one sniff, sing it if you know it, last night's mouth trumpet monday song. russia is getting its kicks out of taking another american hostage. this time it is a journalist. america's europe an allies today joining u.s. and calling for release. immediate release of "wall street journal" reporter evan gershkovich, russian last week arrested him on espionage charges. secretary of state has been talking with his russian

counterpart about the arrest and pushing hard for evan's release. the russians last year managed to trade wnba star britneybrittney griner for one of their arm's dealers, here with me now, california republican congressman on house foreign affairs committee, darrell issa is back, welcome back. >> good to have me on, thank you for covering this. i do have to say, last night and over the weekend i was so happy we did the final four in houston and not in russia. kennedy: yeah. seriously, man. i wouldn't be surprised if they sold us out over there. but also assume that what happened with brittney griner and them getting the arms dealer back it was incentivizing more this is different with a reporter, they said he was engaging in

espionage, it is called reporting, everyone knows that, how should the u.s. be responding right now? >> one thing that we can say as an absolute truth is that neither clergy nor reporters are covers for people that are embedded you might call spies, one of the truisms in the history is we don't do it, we never do it, he would endanger those people. the russians know this, they know that cia and other agencies have never had a spy who was clergy or reporters, for that reason we want them to be able to to their job. so the russians are doe doing one thing, punitivel let's taking someone probably for a trade, they did it before, they will try

it again. kennedy: that i that is it. this thing stirs up public sentiment, you have heads of state all over western europe screaming for his release. is blinken not good at his job? should he resign? how else should u.s. respond? >> a chief diplomat, blinken is that, at end of the day commander in chief has to give him the power to say, we won't tolerate it and take action, the last time they did this with sports figure, we could have taken half or all of their embassy staff and kicked them out. most of them are spies. we certainly they could have retaliated. but does russia really want to break off diplomatic relations with united states, and have no one able to get a visa, not.

if you will have this fight, the secretary of state may be the one to deliver it but the president has to approve it. this president has not been willing to take russia on in an appropriate fashion any more than china, that is why china in france trying to pick off another one of our allies. kennedy: yes, i fear how it will end for that reporter and house correspondent's dinner will be interesting, there will be a lot of talk about this. we need to see some action, we need something more than when we're seeing this is inc incompetence. congressman issa thank you for your time. >> thank you, kennedy, i hope they rally behind him. kennedy: i hope no more softballs for the president, i hear he does have softballs, okay thank you. >> here is your tickle me tuesday joke. guess on twitter, without

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