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i love elizabeth mcdonald. liz: it makes our job more difficult as watchdogs. tonight first thing on the story about president trump. he's hammering his second indictment. we'll look into what's in it. this is the first time a president's justice department indicts his top rival. tonight we have former assistant u.s. attorney andrew mccarthy, former fbi special agent, and a former prosecutor, k.t. mcfarland. liz peek. we have new developments in the fbi document controversy alleging then vice president biden took a prescribe in

ukraine. house oversight members got to read that other fbi document. the withering fact check claiming an economic win. president biden reversing trump's policies. the white house scrambles, mounting outrage over china's new spy station in cuba. i'm elizabeth mcdonald. "the evening edit" starts now. welcome to the show. we are going to dig into former president trump's indictment. gop contender will make a swing to georgia.

ashley webster live at mar-a-lago with the latest details. >> we started the day thinking we knew what was inside the indictment. now we do. perhaps a bit of a surprise the indictment was unsealed earlier today. let's get a look at what the counts mean with regard to consequences. counts 1-31, the willful retention of national defense information. a maximum fine of $250,000. obstruction of justice, 20 years. maximum fine a quarter million dollars. concealing a record. 20 years. counts 35 concealing a document

in a federal investigation. 36, scheme to conceal, five years, fine $250,000. and false statements and representations, five years and $250,000. the maximum sentence based on this indictment would be 100 years if donald trump is found guilty on all charges with a fine of $1.25 million. tuesday in miami donald trump is set to have his initial court appearance. the president has changed his legal team, perhaps wanting those lawyers who are more familiar with how business is conducted down here in south florida. liz: let's take the story to

former assistant attorney andrew mccarthy. when you first heard about the charges, what was your reaction? we are hearing the records act is a civil law, not criminal. why is trump being criminally charged here? >> because it's not a records act violation. what happened when they did the search warrants they did try to criminalize the presidential records act by attaching criminal penalties to his retention of documents that weren't classified or part of the national defense. in the indictment they keep it limited to national defense information. that's not the presidential records act, that comes under the espionage act. it's not like in the search warrant where they were trying to criminalize something that congress hadn't criminalized.

liz: we have got and lot of commentary coming in, that there is bias, conflict of interest, a double standard. in the hillary clinton case, joe biden had documents dating back to his time in the senate. republicans are saying this is going to divide the nation. >> it's certainly going to divide the nation, but that's because we have a long record that goes on for years. hillary clinton is the worst case of it where you have a two-tier system of justice depending on whether they are connected to the ruling class or not. to the extent people are on fire about that, they have every right to be.

the hillary clinton precedent if we applied it to the law. nobody would ever again be prosecuted -- the problem he has is once you are charged it's not a good legal argument in a jury trial. the jury is going to be told it doesn't matter what happened to somebody else. it's this case. >> they raid mar-a-lago, they didn't raid chappaqua or u-penn. you are going to hear legal expert jonathan turley. >> violations of those laws put our country at risk. adherence to the rule of law is a bedrock principle of the department of justice. our nation's commitment to the rule of law sets an example for

the world. we have one set of laws in this country and they apply to everyone. it's important for me to note that the defendants in this case must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law. to that end my office will seek a speedy trial in this matter. >> it's an extremely damning indictment. there are some indictments that are narrative or speaking indictments. these are indictments that are meant to make a point as to the depth of the evidence. liz: trump is innocent until proven guilty. but the doj was leaking on this. it matches a lot of what has been leaked to the media. they are damning and condemning trump in the court of public opinion. you see it on cnn.

>> the fact that there are leaks doesn't mean they are coming from law enforcement. once defense lawyers are involved, which happens when you have a lot of witnesses going into the grand jury, you can't tell where the leaks are coming from. i don't doubt some of them are coming from the government, because they do leak. >> watch republicans call this a witch hunt. >> they can't stop because it's election interference at the highest level. there has never been anything like what happened. i am an innocent man, i'm an innocent person. our country is going to hell and they come after donald trump, weaponizing the justice department, weaponizing the fbi. we can't let this continue to go on because it's ripping our country to shreds. we have such big problems and this shouldn't be one of them. it's a hoax.

>> one thing that makes america the city on the hill is confidence in our justice system. today what we see is a justice system where the scales are weighted. >> this is the executive branch trying to take out their number one opponent for the presidency of the united states in 2024. they have one standard for donald trump and another standard for everybody else. if you look at the documents president biden had in this garage, hillary clinton with the server and information in her home on private email serve offers. >> joe biden and his cronies are trying to take out his main political opponent. we are in dangerous waters because of joe biden. liz: sandy burger got off with a

slap of the risk. where does this go? jim jordan fired off a letter to a.g. garland. that a justice department lawyer tried to pressure a trump lawyer with a judgeship. >> i heard that allegation. i haven't seen what the evidence is. the problem with the double standard argument which i agree with. the big problem with those cases, if it had been up to me petraeus would have been prosecuted for a felony. these people should have been prosecuted. sandy burger should have been prosecuted. the problem is that all these people who also committed crimes didn't get prosecuted. liz: got it. president biden could be facing

his own legal concerns and worries as investigations into his family business dealing are heating up. jacqui heinrich is live at the white house. >> president biden and the white house are trying to make clear and shut down any speculation that they coordinated with the justice department in the indictment of biden's bret saysor. they said -- biden's predecessor. the president just said in north carolina a short while ago that he's staying far away from the attorney general on this. >> have you talked to the attorney general merrick garland on this? >> [inaudible] reporter: the president's critics continue to hammer

biden. a confidential fbi source alleged a burisma executive paid the bidens to oil rights using shell companies. a source familiar with that document, to be clear the document does that say joe biden received any payments. but republicans want to see if there is any money trail. democrats are not moved by the fact that this is part of an active investigation in delaware because that probe relates only to hunter biden. >> if we subpoena more bank records we can see if this is true. ukrainian executives were bragging about the number of shell companies that it would take a decade to show where the money was. >> the matter in delaware is

about hunter biden, not about the president of the united states. reporter: biden said the briberial quaitions against him are a bunch of malarkey. liz: congressman, is it too coincidental that the trump indictment came on the same day that you read that document alleging bribery? >> the fbi document i was able to review clearly demonstrates the human source was in contact with somebody at burisma. they were paying hunter biden, they said several times is stupid. the entire purpose of paying hunter biden and also paying joe biden is so joe biden would use his office to get the ukrainian government to fire the prosecutor looking into burisma.

job is on tape about getting that prosecutor fired. i believe that document should be up for the public to see. >> were you shocked by what you read? >> i was very shocked, but i was not surprised. when you put that in context with the other information we have been unveiling, what it continues to demonstrate is a web of corruption surrounding joe biden that his son hunter and his brother jim are directly involved with. liz: the new development is the fbi highly credible source detailed meetings over the course of several years starting in 2015. so the fbi has known about this for at least eight years. there was a report that hunter biden advised burisma to buy an oil and gas company and burisma

felt they had to pay the bidens to keep them in their side of the aisle because they were using it as a reference, a kind of retainer burisma is paying to the bidens. >> you are right, it does not look good. however, let's remember this is source information that hasn't been vetted. while the source is credible, is the source they are getting the information from equally credible? liz: what do you think of what john just said? the other issue is they moved the cash flow through so many different you bank accounts. i think a burisma executive is saying it would take 10 years to figure out what the biden family

did. >> i think the point john makes is a good point. but it's also a damning point for the fbi and the department of justice. if you had this information since 2015, there are receive documents that speak to this. there are financial records the department of treasury has about these business dealing surrounding hunter biden and jim biden. the only reason people give them a red cent is because of joe biden's position in our government. it reeks of hypocrisy. they will take phoney information from hillary clinton to start the trump-russia collusion scandal saga. this information comes forward and they do nothing. they put it in a box. >> john, final word? >> i couldn't agree more, but the fbi answers to doj.

the doj authorizes everything the fbi does. we need the doj to take steps to let the fbi do its job. liz: former president trump's indictment puts into sharper focus president biden reversing trump policies. we have the withering fact check president biden got on his op-ed claiming economic victories. that story coming up.

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liz: president biden is getting a withering fact check. critics are fact checking his op-ed in the "wall street journal." edward lawrence is live at the white house with the story. reporter: the actual data works against the president. the president in north carolina. he was at fort liberty. he spoke and met with families there. earlier in the day the president was asked at a community college in rocky mount, north carolina. he said when they graduate they

will have good paying jobs to look forward to. but under his administration wages decreases $3%. he said they can expect those jobs because of the $5 trillion he signed into law. but the president admits the inflation reaction act was not about inflation. >> we didn't get much help from the other team. the inflation reduction act was the most significant climate legislation in the whole world. $6.8 billion for energy. reporter: the committee for responsible federal budget says president biden's policies pushed the federal deficit to $2.1 trillion, up 50% from fiscal year 2022 deficit.

some see it working against with the federal reserve is doing to bring inflation down. >> millennials don't think they can dream of that. a house is out of reach. they feel like a family is out of reach. that they will never be able to afford it. if you are not looking to the future, you spend on whatever is right in front of you. reporter: the president tried to push his stud loan forgiveness plan through the federal reserves to forgive $41 billion in student loans. some shifts are saying it could add to inflation as well as the deficit. liz: steve forbes is here. what did you think of that story. the criticism of president biden's op-ed is coming out.

the washington post gave him bottomless i mosquitoios. >> it's like rewriting history saying the british won the revolutionary war against the u.s. it's preposterous. surveys among manufacturers and service companies bad. wages declining. taxes biden wants to increase those. he wants to give us zero growth rates. in terms of wasting resources on so-called renewables is going to gut the auto industry and they are waging war against every convenience in modern life. gas stoves, law mowers, dishwashers. he can write all the fantasy tales he wants but the voters see the reality.

liz: let's show the voters reality. he's worse than obama, carter and clinton. house ways and means, they are talking about a package of tax breaks for individuals and businesses next week, writeoffs for business equipment and machinery. this is what the american people have been dealing with under this white house. >> the republicans to their credit on the ways and means commit she realize you have got to reduce the burden on the american people, reduce the burden on american businesses. now they are going after the banking system which means less loans for small businesses. not what you want to do when you are going into economic storms.

this administration is going in the opposite direction. >> isn't the 2024 race going to be a kitchen pocketbook race. personal family economics? polls show 2/3 of player cans believe we are in a recession. 2/3 disapproved of the way the president handled the economy. look at the groceries. look at energy. inflation hitting wages, real wages. they are down 5, 6, 7%. they grew under 7% under trump. >> maybe some of the certain inflation indicator are the down, it's because the economy is down. when businesses are going out of businesses, and companies can't sell what they need to sell, prices get slashed.

liz: this is a big fight that has broken out in d.c. the white house has been scrambling over the outrage over the knowledge that china put a spy station in cuba. kt mcfarland is coming up on this. former president trump, his indictment, it puts into sharper focus president biden reversing trump policies. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire

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liz: liz peek is here. what was your reaction to the trump indictment? >> like many americans i was outraged. i think mainly because it's such an obvious effort to deflect from pretty serious charges being leveled against president biden about accepting a $5 million bribe from burisma in

ukraine. annal imaition that has a ring of truth to it because he did what they are saying he did for money, he boasted about it trying to get the top prosecutor in ukraine fired. he actually did that. the very day that congress gets to see a whistleblower document that makes these allegations, that's the day they decide to diet --to indict donald trump. it's outrageous. liz: this puts sharp focus on how biden has reversed the former trump policies. major economic pain was lengthed on the u.s. cutting oil reduction before the mid-terms

causing gas prices to go up. trump smoothed out relations with saudi arabia. >> for decades we have had good relations with saudi arabia. but president biden thought it was good to virtue signal and tell the world terrible things about saudi arabia and their leader bin salman. he would only talk to his father who is not engaged and running the country anymore. we the united states put saudi arabia in the driver's seat in terms of controlling energy costs, then we reversed it. but then he reversed that in allowing u.s. oil production to decrease. it would be i think if trump

were still president, and that would greatly have diminished saudi's power. saudi's have tremendous power in opec plus and they are insulted by joe biden and using that power. liz: the biden white house as you say are going after every day appliances that americans use. let's watch senator john kennedy on this. >> all of this is one further indication that the biden administration has a fatal attraction to nutty ideas. about 50% of american households heat their homes with natural gas powered furnaces. president biden's new rule would make 40 to 60% of those furnaces

illegal because he doesn't think they are sufficiently energy efficient. all of this is going to hurt the american people. it's going to restrict consumer choice, it's going to raise prices, and it's going to have minimal if any impact on co2 emissions. it is just further evidence that crazy never takes a day off in washington, d.c. when president biden is in charge. >> what do you say, liz. >> i totally agree with senator kennedy. that's what's going on. liz, this is bad news. liz: liz peek, thank you so much. it's good to have you on.

this trump indictment, people are really mad as liz is pointing out. it dropped on the same day house oversight members read the biden bribery document. the white house is scrambling over mounting outrage about the "wall street journal" story that china planted a new spy station in cuba. kt mcfarland is coming up. oh, genius! for more breakthroughs like that... ...i need a breakthrough card... like ours! with 2.5% cash back on purchases of $5,000 or more... plus unlimited 2% cash back on all other purchases! and with greater spending potential, sam can keep making smart ideas... ...a brilliant reality! the ink business premier card from chase for business. make more of what's yours. starting a new chapter can be the most thrilling thing in the world.

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administration going to wake up to the chinese crap. a week ago the chinese tried to blockade american vessels in the taiwan strait. a month ago they were flying spy balloons over the united states. the biden administration saying it's not that big a deal, we are not worried about it. they are setting up a spy operation in cuba. the next step is to have a naval base in cuba. even the southern command in florida as you point out, she is worried because the chinese military, the chinese navy controls part of the panama canal. so one after another. yet the biden administration says it's not a big deal, or we don't think that's true. wake up.to

understand the threat china poses. liz: you be saying china could set up a naval base in cuba. haven't they done things like that around the world besides panama? >> the threat of china is no longer isolated to the western pacific other area around china. china is trying to create a blue water navy and they are building up military bases. they go to a country and they say let's build you a port. you will be able to have a lot of trade come in through that port. we'll give you a mortgage on it. the country defaults on the loan, and china says we'll turn that trading port into a military port. they are doing it on the east coast of africa, they are trying to do it in the indopacific region, and now they are trying to do it in china.

-- in cuba. liz: we'll listen to mark milley. >> they have cut a deal with the cubans it wouldn't be different from what they have done in argentina. they are expanding their capacity to collect against american movements and information flow. we should explain to the cubans it's unacceptable to be 90 miles off our shore and allowing a foreign nation to establish a facility that close to us. >> the world has seen the united states as the number one economic power for the last 120 years. that might change in the next decade. what the chinese have done with that money, what most countries historically have done with that amount of money is they are building a military that is

world class. liz: that's general milley saying china is going to replace u.s. as the world's super power. >> what's the plan, general milley? the chinese made it clear the last couple months what they intend to do. they said we are going to see changes in the world that nobody has seen in a hundred years. china and russia together are going to stand on the global height saying we are going to keep peace in the world and extra a chinese world order. i go back to 10 years ago when the obama administration john kerry, he made a speech most americans didn't pay much attention to. he said the monroe doctrine which kept the america's free from european or foreign big power intervention, and that

governed american foreign policy since the beginning of the republic. he said that doesn't matter anymore. but the chinese heard that and what did they say? i guess that's an open invitation for to us start establishing a presence and america won't do anything about it. liz: we are staying on this story. the republican outrage that the trump indictment dropped the same day the house members read the biden bribery documents. let's check in with dagen and sean. sean: we have a hot show. as well as gregg jarrett unpacking the news with donald trump. dagen: a childless antifa member

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oversight members read that fbi document ledging vice president biden and hunter biden engaged in bribery. this is one of the worst political scandals if not the worst we have ever seen. and biden taking classified documents from when he was a senator. classified documents at his think tank in d.c. and in his garage and more. if this is okay and so above board, why did it happen on the same day, and why did it take so long to get to the bottom of biden's classified documents scandal? >> for them to come forward and say that the documents suggesting biden may have taken $5 million in bribe money from ukraine is not credible without

an investigation the size we have seen against donald trump in the past eight years. there is no credibility there. it's incredible to see them treat one president one way and another, a different way. the allegations are weak when you look at the elements of the crime they will have to prove beyond a reasonable doubt. liz: the biden family members start to get payments. if it's so above board why were they using shell companies to send payments to two grandchildren, daughters-in-law. three family members got $5 million right after joe biden left the vice president i. this is a scandal that's one of the biggest we have ever seen. >> bribery doesn't require proof

that you are the one who directly gained money from it. if there is a scheme where the money is being directed to grandchildren ultimately, that can fall well into the criminal idea of bribery. that's the sort of thing that takes the input of the pegs prosecutor to uncover what the dealing were and who said what all the way through that. liz: do you think there is a double standard with the trump indictment? >> there is no question there is a double standard. you look at what's going on at mar-a-lago, it's almost as if you put the corvette in there instead it would result in an indictment for biden. liz: got it. trump has been hammering his second indictment all day long. this is the first time a sitting president, justice department,

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liz: we're going to talk to former federal prosecutor andrew just a second but we have to make this point. what happened today with the trump indictment. here is the deal, basically what you are seeing is republican lawmakers are slamming the indictment calling it a witch hunt, election interference,

dangerous for america but democrats are calling this an affirmation of the rule of law. a lot of people do not know what to make of trump's indictment here because they are saying there's disparate treatment. you heard into mccarthy earlier on in the show talking about how he feels other elected officials should've been charged with their own document problems talking about david pretorius, sandy berger, hillary clinton, they should've been hit with heavier charges. also the story, no coincidence that trump was indicted the same day as more information is coming to light about joe biden's alleged 5 million-dollar bribery scheme with ukraine that story is not going away. this is the story that has legs, here is the problem americans are fed up. there fed up with the two-tier system of justice in the united states. this is the second time donald trump has been indicted this year. he is a current front runner in

the 2024 gop primaries. the first indictment was shockingly weak. now they are doing it again, trump leads the polls. this is what the trump voter is talking about, trump first indictment did not hurt him in the pulse. he rose in the polls, a lot of people who are trump voters feel like this is a ploy by the left to stop trump from reading again and possibly being president again. we had much reaction coming in throughout the day and republicans, this is the story again that is going to stay with us through the 2024 base. there is no indication right now what the fallout would be but when the indictment as it has been leaked to the media, they have been doing a slow drip drip of stories to go after trump. what is really striking when you look at this indictment, what was leaked to the media is almost word for word what was in the indictment that we have read throughout the day. this is the story of huge

ramifications throughout the world and throughout the united states. i do want to turn to my buddies and dagen and sean on this. dagen and sean, we have never seen an indictment drop like this against the political rival of a sitting president. first time the present has been federally indicted on the same day biden bribery dock was read by members under members of how oversight. sean: there is a lot of first-tier. if you look at this this is going to change the course and trajectory for america forever. we have a history of not charging political enemies or political opponents in his works well for this country. i think those days are behind us and looking forward, i think you will see a lot more of this, both coming from the republican side and the democrat side. it is a dark day for this country. >> it feel like a terrible day, thank you so much it is good to see you on the show. watch the bottom line, it is terrific, thank you for joining