we have merrick garland that has gone completely rogue with his department of justice, refuses to prosecute the bidens and their crimes while at the same time is arresting joe biden, his boss', top political opponent? why? for having the audacity to run against him and having the best polling numbers we could ever hope for? by the i way, he is winning the republican presidential primary. he's blowing it away, and he's going to win the general election. larry: marching taylor green, you're -- marjorie taylor greene, you're terrific for helping us out. it's a sad day, but maybe it'll yield much better results if you believe in america like i do, and i know lizzie macdonald believes in america as well, and she is up next to continue all our special coverage. elizabeth: thank you, larry, so much. let's get right at it. president trump pleads not guilty to 2020 election charges in the biden justice department's third indictment. let's bring in former deputy

assistant attorney general tom dupree, former federal prosecutor francey hakes and attorney and former congressional investigator sam dewey. tom dupree is going to join us in just a moment. francey, what's the biggest weakness in this case? you've said it's loaded with serious legal and constitutional problems. >> yeah, liz, i think the biggest weakness is that every count relies upon the prosecutor being able to prove that trump was knowingly making these false statements that they say led to a conspiracy. so i think weak link number one is proving that trump did not believe that he had won the election are, that he was knowingly spreading that falsity that the election was rigged, stolen or otherwise flawed. and i don't think they can prove that. i think donald trump honestly beliefs -- believes that he won that election, or he certainly believes that joe biden didn't win fair and square. and the fact that people were telling him that doesn't mean

anything when you had other people telling him that he was right. and he wanted to be right. elizabeth: sit tight for a secondful -- second. the special counsel is saying mike pence's contemporaneous notes. what do you think that will show in terms of trump's intent and frame of mind? >> well, i want to know when in time was that, right? so you've got an awful lot of statements by president trump over a long time. they filed lots of lawsuits. he got over 70, i think 70 million votes, 71 million votes, something like that that, so it depends when in time trump was making those statements. and that could have changed from one day to the next. when you're talking about legal experts, he had reason to trust sidney powell and rudy jewel giuliani and others who certainly at the time were very well respected lawyers when they were telling him there were problems with voting machines or voting rules or signature verifications or fulton county, here where i sit, declares that

there's a burst pipe and everyone goes home but then they keep counting without republican poll watchers. all these things happened not in a vacuum and not on one day, but they happened over a period of two months when we learned more and more about the election. so i still think that's the biggest weakness in the special come's case. elizabeth: tom, what do you think? senator tom cotton says the indictment reads like something from a, quote, msnbc producer. would this case have been brought, tom, if the capitol riots did not, did not happen? we have democrats questioning the 2000, 2004 and 2016 election results and special counsel smith is not, is not charging trump with seditious incitement. >> yeah, liz, my sense is they probably would have brought this case regardless. i mean, clearly the justice department and the special counsel made up his mind that even in the events leading up to january 6th, in their view, at least there was sufficient evidence of criminal conduct to bring these cases.

but look, this is going to be a challenging prosecution. this is have very different, in my view, than the mar-a-lago case which is more simple, it's more contained, it's about documents whereas this obviously covers a lot greater span of time, it covers different actors. it's much more complicated than what they're trying to prove in florida. so although the prosecutor gets the first say, they get to make allegations and i agree there are portions of that indictment that do read like a bit of a novel, but ultimately the special counsel is going to have to prove his case with facts and evidence, and that remains to be seen, what he has. elizabeth: sam dewey, special counsel smith alleges trump, quote, education ploited the violence -- exploited the violence at the capitol riots, but he's not charging trump with seditious conspiracy. here's trump now exiting reagan national airport. he's about to approach the microphone. let's listen to what donald trump has to say. >> well, thank you very much. this is a very sad day for america, and it was also very

sad driving through washington, d.c. and seeing the filth and the decay and all of the broken buildings and walls and the graffiti. this is not the place that i left. it's a very sad thing to see it. when you look at what's happening, this is a persecution of a political opponent. this was never supposed to happen in america. this and -- this is the persecution of the person that's leading by very, very substantial numbers in the republican primary and leading biden by a lot. so if you can't beat 'em, you persecute 'em or you prosecute 'em. we can't let this happen in america. thank you very much -- >> [inaudible] elizabeth: -- questions, saying this is a persecution. sam dewey, that was former president trump just speaking right now. on what he says is a case that is a a persecution. sam is, what's your take on

what's going on? what's your take on the allegations in the smith filing? >> i mean, i'm not going to attribute motive, but the timing is suspect, and the case, it seems to me, is extraordinary wily weak because -- extraordinarily weak because to take a different version of the question you asked, would this case be brought against any democrat in a similar situation? the answer appears to be no. would this case be brought against stacey abrams? no. would this case be brought against one of those who lobbied for what many thought was an unconstitutional aca and said if you like your doctor, you can keep it. the answer is, no. that's a lie and a legal issue. it seems to be created out of whole cloth for this president. and to the point president trump just made, that really is concerning because, to by mind, when you pursue a former president, the standard always had been, it's got to be just outrageous clear criminal conduct. and here we have an indictment

where the more you talk about it with knowledgeable individuals and experts on the legal issues, the more you're left wondering or what are its implications, and i don't even understand how this theory works. i won't understand it until jack smith responds to the motion to dismiss. and that's extraordinary. elizabeth: so what sam just said, francey, coming back to you. given what sam just said and, tom, what your perspective has been, your insights here, francey, what do you think of a.g. barr saying trump has free speech rights, but that doesn't give him the right to engage in a fraudulent conspiracy. but legal pros say the supreme court shot that argument down and made clear that fraud under federal law is a scheme to swindle people out of money or physical property. so the more you look at this case, francey, it just seems like it's built on sticks. >> well, i think, liz, that bill barr is a sr. smart man, but i think -- is a very smart man,

but i think former president trump broke him. and i think that he cannot see the forest for the trees here. he's right in the strict sense, free speech does not protect you, the first amendment does not protect you from a fraudulent conspiracy. but there is no fraudulent conspiracy alleged in this indictment like any other fraudulent conspiracy that has ever existed in the united states government. it simply has never been done before. the statutes that are listed in these four counts have never been used before in the way that they're being used here. so in that sensuous it is extraordinary -- sense, it is extraordinary and it is going to take, i think, the supreme court to tell us once and for all whether these statutes can be used in the way that jack smith has said. i don't agree with bill barr. i think that president trump is protected here, generally speaking, by the first amendment because i do not see how you can bring criminal charges for the conduct that is described in the

indictment. elizabeth: so what francey just said, tom. does this go to the supreme court? >> if there is a conviction, you can bet it will go to the supreme court. but, look, liz, i think the way to kind of view this whole proceeding is that there really are three paths to victory for former president trump. one path is he wins the case at trial, that he persuades the jury that he didn't violate the law. that that's way number one. way number two is he might get convicted, but he wins the case on appeal, the scenario where the case goes up to the supreme court, and the supreme court says that jack smith has overread the 23r5ud statute and that it doesn't apply to this conduct or that it's protect by the first amendment. that's way number two. way number three, of course, would be president trump wins the election before there's any conviction and then on his first day in office he directs the justice department to dismiss the case. so so there's a lot of different ways this can play out, but all of them, ultimately, will depend on the strength of jack smith's legal theory. elizabeth: trump saying just moments ago, we showed him speaking on the tarmac, it is a

sad day for america. sam, where do you come down? the government has the burden of proving beyond a reasonable doubt this intent to defraud that special counsel smith is bringing, that trump actually knew he lost the election but went ahead anyway, you know, with this, this indictment charge that he built a slate of fake electors in seven battleground states. your take on that, sam. >> well, two points on that. the first, i would say, is i actually think there's a fourth way that trump can win which is that regardless of the disposition of the motion to dismiss, i think it's probably very well going to end up being immediately appealable because i think he's going to assert official immunity because jack smith has charged, among other things, his official control and conduct of senior-level subordinates at the department of justice. so he has charged president trump in relation to an official act. taken as president.

not something said as a candidate on the trail, an official act in the oval office. and if you want to do that, there are all sorts of constitutional immunity implications. so i think that's a fourth option. and it's a way to get to the supreme court before you get to trial. on the broader point -- before you even get to the evidence, i think most of these charges probably fall because, one, to this day everybody understood if you're lobbying, you can lie. you can -- or you can say something you don't believe but that the person that you are lobbying might believe. that's just how this town has worked since before washington, d.c., you know, was the capital. that is how the capital worked when it was in philadelphia. that was just the fact. so it's just a bizarre legal theory there. and and then finally, i'd say i'm not is so sure the electors were fraudulent. i'm not so sure asserting pence

had father was fraudulently wrong. -- had power was fraudulently wrong. how is it fraudulent or wrong, what is the improper purpose that is being pursued if you are asking someone to exercise an official power they have? i think that's an issue too. elizabeth: you know, what sam just said. francey, coming back to you, president biden has his to own corruption scandals. we've got, we're going to talk in just a moment about the official transcript of biden insider devon archer's testimony released, we're going to get to that in just a moment. you know, biden already talked last november about using the constitution to stop trump from becoming president again. and new york times in march reported biden, quote, told confidants, people that he was chose to, that he wanted attorney general merrick garland to stop acting like a ponderous judge and take decisive action and prosecute trump over january

6th. that's what biden is seeing -- saying behind the scenes, france city headaches. >> he's obviously gotten what he wanted. merrick garland has done exactly what a good consigliere does, and he's protecting his boss' left, right and center flanks. but i think what we have here too is an extraordinary charge that's based on making stalls statements. that's what a jack smith is saying, that president trump made false statements, and it obstructed an official proceeding and it was a conspiracy. i prosecuted thousands of cases in my career as a prosecutor at the state and federal levels, and i have to tell you that in every courtroom i ever walked in, someone was lying. and it obstructed an official official if proceeding. the i mean, where was it going to stop? are you going to start charging defense attorneys for lying or putting their client knowingly on the stand when they're lying and perpetrating a fraud on the court? no, these are things that happened. everyone understands that they happen, and everyone understands

that politicians might not tell the truth. but again, i go back to president trump's, i think, strongest single defense which is going to take a whole lott of months and a lot of investigation and a lot of subpoenas and a lot of witnesses. and that is, there were election irregularities in 2020. now, maybe it wasn't, as the special counsel liked to say so much in the indictment, outcome-determinative. that remains to be seen. that's really never been proven one way or the other. but if there were election irregularities, any at all in any of the states, then the case of the special counsel crumbles into the quicksand. elizabeth: really interesting. >> it cannot stand on those legs. elizabeth: interesting stuff. francey, tom, sam, we stay on this breaking news. president trump saying this indictment is political persecution. let's bring in new york post columnist jon levine. we've got to move on to this story. jon, the transcript of the biden

insider's testimony released today by house oversight. testifying that ukraine's burisma hired hunter onto its board so that, quote, people would be intimidated to not mess with them legally. does that mean the ukrainian prosecutor investigating burisma's founder for corruption? >> yeah, i mean, i feel like how many times do we have to prove that the earth is round or the sky is blue? you know, the question of whether joe biden was involved in his son's overseas business dealings, in my opinion, has been solved a very long time ago. the answer is, yes. to me, that's not the question anymore. the question is what was the extent of the involvement, and we're learning more about that by by the day. obviously, the most headline-grabbing revelations of the den archer testimony was joe biden called in at least 20 times to various different business meetings. but i think this business with the ukrainian prosecutor is even more significant because it actually shows potentially joe biden influencing u.s. policy on behalf of his son and the

ukrainian company he worked for. we know from the archer a's testimony that the ukrainians wanted this prosecutor fired, they asked hunter to lean on his friends, you know, in d.c. we know that hunter called, quote-unquote, d.c. we don't know who exact he he called in d.c., but i have some suspicions s. and we know that the ukrainian prosecutor, a man named viktor shoken, was forced out, and is joe biden publicly took credit for forcing him out saying you have six hours to fire that s.o.b. or, you know, you're not going to get a billion dollars of u.s. aid. that's a clear example of a pay for play if everything turns out to be true here. elizabeth: we read through the transcript, we're going to report now what nobody else in the media is reporting. archer also deliver. >>ing details that hunter biden broke foreign lobbying laws, that hunter, quote, was a lobbyist, that he was acting like a lobbyist with an insider track to the to the pin cl of power, meaning the white house, obama's white house, and his father. archer also details that hunter stole the joe biden family brann

family brand. don't mess with our client. archer testified that it's, quote, fair to say that hunter biden was falsely giving burisma executives the impression hunter had influence over u.s. policy, that, quote, hunter biden was taking credit for even his father's visit to ukraine in and around the scenario we were just talking about. >> hunter biden never registered under the foreign agent registration act. it's one of the key issues that i know the department of justice was looking into, but they never brought charges. in fact, it's one of the key areas where plea deal fell apart in a very dramatic moment in the courtroom where they said are you still looking into -- will this plea deal cover all i future charges like the foreign agent registration act, and the defense team said it has to cover this, and the prosecutor said, no, it won't cover this, and the deal fell apart. they're still potentially investigating that. and it remains one of the most salient issues of this whole saga, whether he broke that law.

and it's a very serious law to break. paul manafort went to jail for years. rudy giuliani's home was raided by the fbi on suspicion of his failure to -- hunter e gets nothing. elizabeth: it was like hunter was doing the same things. the breaking news coming in, the corruption scandals are now hitting biden's polls. gallup now finds a majority, nearly 6 out of 10 americans, think this biden white house is not ethical, and that old was just completed on july 27th. -- poll was just completed. they found similar reaction to the trump white house, but gallup says biden's scores are lower than all other administrations since reagan. or archer also reportedly said, quote, it's categorically false for biden to say he he had no role in his son's business or knowledge of it, saying that, you know, biden was aware of hunter's business, he met with hunter's business partners. critics say biden to begin with should never have been in on those calls or meetings. and for the president to

systematically lie about this to the american people is now hitting his polls. you see that with gallup. >> this is going to become a fundamental character issue. joe biden was going to be a one-term president and retire and go into the sunset, this probably wouldn't be as big of a deal because we'd be looking toward the next presidential election. but he is running for re-election, and this is going to raise fundamental character issues in the race because he's going to be confronted with what he said in past debates and statements, i never had any involvement in my son's business dealings. we know that's a lie. my son never profited from china and russia, we know that's a lie. the hard drive is russian misinformation, that's a lie. they're going to come back to haunt him, and he's going to have to explain why was he dishonest with the american people, and what else is he hiding? elizabeth: okay. arch or e also testified burisma faced so many probes, it was like whack-a-mole. that burisma would have gone out of business without the biden family brand, that the biden family brand helped burisma against investigations, helped

to unfreeze assets and more. your final word on this. >> you know, a great unanswered piece of this is the head of burisma, zlochevsky. he hired both hunter and archer. he's someone who i would love to hear more from. we don't know where he is. i certainly hope that house investigators and anyone involved in the story is trying to track him down and, hopefully, he can be brought to give comment on everything we've seen so far. elizabeth: jon levine, thank you so much. we're going to stay on all of these stories throughout the hour. former president trump speaking moments ago, we broke the news on what he was saying about, quote, political persecution, this is a sad day for america in d.c. the fallout, the controversy, the debate, we're on it for you. and we're staying on that released transcript of house oversight's interview with biden insider devon archer. we're profiting the bombshellses there. -- reporting the bombshellses there. also this story, u.s. navy sailors arrest for spying for

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breath elizabeth look who's here, author of the new york times bestseller you will own nothing, carol roth, former u.s. treasury official michael faulkender. carol, your to these events in d.c. >> you know, i think it's -- i don't know if it's intentional or not, liz, but i really feel like they're making trump into a martyr, and whether people have been long totime trump fans or perhaps they don't like him as much, people are concerned about what's happening to him. if it can happen to him, it can happen to them. and they're also ensuring that nobody else in the gop field gets any air time. so it really seems like all of these efforts are locking him in as the gop candidate and, again, it might even be intentional on their part. elizabeth: what do you think of what carol just said is, michael? what's your reaction to these events if. >> i largely agree, liz. i think it's it's just further evidence that we have a

two-tiered system of justice, one set of rules for donald trump and another set of rules for joe biden and hillary clinton. and we really do need to get back to having equal enforcement of the law in this country. elizabeth: so, carol, when you look at the timing of these indictments, it comes after, you know, basically biden corruption bombshells. ask we've been tracking that, and larry kudlow's been tracking that. what do you make of that angle? >> yeah. i mean, the fact of the matter is that so many people around the country aren't hearing about these things. they don't know what's going on -- [laughter] and, you know, hunter biden, you know, obviously has some judgment issues, so the idea that he's going to be the highly sought after to sit on international boards, a credible purveyor of art that is highly collected, now he's got the illusion of access that he's peddling. apparently now he's harry houdini too. the only reason he's in that seat is because his last name is biden, and the whole thing

really reminds me very much of the godfather, right? the godfather stays out of it, he has his soldiers out there doing all of the dirty work, but everybody knows why heir there, and that's -- why they're there. elizabeth: yeah. of michael, do you feel like this biden white house is desperate will hi trying to knock off the headlines and front pages any negative stories about biden family corruption? now you've got gallup breaking the news that nearly 6 out of 10 americans find this biden white house unethical, not ethical, one of the worst performances since the reagan white house. and in terms of those presidencies dating back to that. "the washington post" reports the white house is shocked and furious fitch downgraded the u.s. credit rating. so all these bad headlines are coming in for the white house, but now the domination of the headlines is ab trump. >> yeah, liz, it's been incredibly striking about how every time there's a significant negative piece of news about hunter biden in the press, the very next day there's something

else coming out of jack smith's office with regard to further legal action against donald trump. and so as, where it's the down -- whether it's the downgrading of the u.s. credit rating which janet yellen says is an unreasonable thing for fitch to have done despite the massive increase in deficit spending that we're seeing under this administration, or it's further revelations about how dirty the biden family has been with regard to bribery and official actions while joe biden was vice president, every time something along those lines comes about, we just wait for jack smith to drop another advancement in the persecution of donald trump. elizabeth: now there could be an indictment coming out in the georgia case can, carol. you know, -- case, carol. when you look at what small town america, middle america, blue collar, working class americans are talking about, they're talking about kitchen table issues. when they look up and see stories like this, carol, what do you think the reaction is? because the issue with that

fitch if downgrade, when you downgrade that, you downgrade faith in the u.s. dollar as the default currency of the world. you down grade the u.s. treasury bill, you down grade the u.s. government. most southern wealth funds around the world -- sovereign wealth funds keep their liquidity in the u.s. dollar. this is a hit to the biden white house. he is now presided over two downgrades, first in 2011 during the obama white house and now with fitch. >> yeah. i where wrote about this back in may. it was amazing, the quince coincidence there that fitch warned they were going to do in this in 2011 and didn't have the fortitude to do it, and s&p did at the time. and if now i think fitch is probably, you know, over a decade too late. but the idea that, you know, this shouldn't be happening, think about where the debt was at that point in time. we had, like, about 95% debt to gdp, now we're over 120%. our total debt was 15 trillion, now we're at $32 trillion.

they were running up huge deficits then, but they only took in $2.3 trillion this revenue. now we're between $4-5 trillion trillion. so fiscal situation is complete arely insane. we a had the cbo and the treasury in their own reports come out and say that we are on an unsustainable fiscal path. so the idea that they are at all surprised about this, meanwhile you have main street who's been absolutely decimated, the middle class9 and the working class on their personal balance sheets, you know, if you are that person, you've got to be so frustrated. elizabeth: carolth roth, michael faulkender, thank you so much for joining us tonight. we're staying on the trump indictment, the third indictment by the biden doj. the news, the bombshells coming out of the represent the of the devon archer testimony and is d.c. watching the store? a major case. two sailors basically arrested, they were arrested for spying for china coming up on "the

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>> a federal grand jury in san diego has indicted a united states navy sailor for acting as a spy for china in exchange for thousands of dollars. the sailor was arrested by fbi and ncis agents yesterday as he arrived for work at naval base san diego around 5:20 a.m.. >> the indictment alleges a scheme that began two years ago and continued through this past may. petty officer zhao agreed to transmit and did, in fact, send sensitive the u.s. military information to the intelligence officer working for the people's republic of china. mr. zhao transmitted this information in exchange for payments that totaled approximately $15,000. elizabeth: wow. let's bring in former pentagon official, he served 25 years in the navy, brent sadler. brent, what do you make of this

case? two navy sailors arrested for sending secret and sensitive u.s. military info to chinese intelligence? >> it's a sad fact that the chinese communist party's been targeting ethnic chinese-americans for far too long, and the u.s. government must do a better job of protecting our citizens from being targeted this way in these espionage schemes. it's been documented for far too long. the information that the chinese were after is also quite interesting. the ship the uss essex that one of the defendants was on actually was part of the rim-pac exercise, and it was clear that the chinese were very interested in what the ship was doing there. specifically also a demonstration with 3-d printing which the navy has been on the cutting edge of using for producing repair parts at sea without having to have them delivered to the ship. to cutting edge technology and a logistics kind of mindset. the other thing is when the essex was being modernized and updated to be able to carry f-35

short takeoff and landing fighter aircraft. the chinese have a warship, the type 75 and the type 76, that look remark by similar. and if the chinese do develop a similar technology with its fighter aircraft, they'd want to know how to do the same thing. elizabeth: and they were getting information about, you know, navy exercises in the indo-pacific region, also radar weaponry at a military base in japan. >> yes. elizabeth: are you worried that this biden white house is not on the stick, that it's too weak on china? this is another black eye after the chinese spy balloon spying and getting intelligence on u.s. military bases. >> well, absolutely. i think the department of justice as well as the fbi need to be more focused in on hunting down chinese espionage efforts to try to -- and they're clearly targeting american ethnic chinese x and they needed to do better on that. it's certainly the accusation of racism in some of these cases needs to be put aside and need to be focused on protecting our

american citizens of chinese ethnic descent. because it's clear they are the target. they're viewed as the easy prey by the chinese communist party. so we need to do better. it's been ten years of this. elizabeth: the fbi assistant director for counterintelligence says china is relentlessly coming after the u.s., aggressive efforts to undermine our democracy. so there's that. and then you have a biden white house that the gop says is compromised because the, excuse me, president biden ask and his son hunter biden were basically talking about business deals with china's cefc. so do you feel like this biden white house has been compromised by that? >> it certainly follows a long trend that definitely on the surface if strains credibility of the biden administration if on anything to do with china. certainly when it moves over into economic and money and profit seeking. this is certainly a lot of questions to be answered, and i think the hearings and

investigations ongoing and in congress need to play out, and i'm sure there's probably more bad news to come. elizabeth: do you feel like d.c. is too much locked in bitter blood feuds and tribal politics? that, you know, lawmakers have their eye off the ball because of what is going on with the dysfunction in d.c., with this elite ruling class that has been holding on to power for years and years and years and just are concerned about maintaining power but not focusing on national security? i mean, to have a biden white house that's been doing, allowing one of its family members to do deals and do foreign lobbying, not register as a foreign lobbyist, to help can china's most powerful belt and road company cefc, that's alarming, brent. >> absolutely. i think it's the definition of insanity. biden, when he was vice president, part of the obama administration, you would have thought would have learn earlier that the chinese are not going to hold to any deal that doesn't

serve them. and as soon as a deal no longer serves them the, they'll change it. and using espionage to steal trade secrets is part and parcel to the way of doing business. you would have thought we would have learned. and the military-to-military engagement is another one, holding out hope that might be a cure-all -- elizabeth: got it. let's bring in gop strategist ford o'connell. former president trump just spoke moments ago saying this is a sad day for america. the third indictment can against him delivered by by the biden justice department. what's your reaction to today's event? >> president trump's absolutely right. you have to look at this indictment very closely. this is a very, very flaw indictment and, unfortunately, i really think you're putting the first amendment on trial here. not president trump. and i think when more americans catch on to what's gown on with this latest indictment, they're going to be mad about the abuse of power at the the president of justice. elizabeth: yeah. devon archer is saying there was

a soft abuse of power by what was going on in the biden family corruption deals with overseas adversaries. that, you know, devon archer's saying that. there's more to come, more shoes to drop on that because hunter -- basically devon archer giving details in that transcript lease ared today that hunter biden did break foreign lobbying laws. now we've gotten gavin newsom signaling he's running in 2024, ford. he's setting up fundraising superpacs, and ron desantis says, yale, i'll debate newsome on fox news. >> look, gavin newsom's running a shadow campaign. should joe biden step aside, gavin new is going to be the one the democrats nominate to be their presidential nominee. and right now with donald trump and hunter biden taking up all the oxygen, gavin newsom is looking for any way possible to show the democratic base that he is a better alternative to joe biden. elizabeth: yeah. and also you have "the washington post" reporting former president obama telling biden that trump is politically

very strong, that he's a formidable candidate. i mean, biden currently has a lead of less than 1% over trump in the real clear politics average. so all these indictments, you know, it looks like the voters are saying we see what is going on in washington. but does the elite media bubble see it? if does the d.c. elite bubble see it? trump's neck and neck with biden in "the new york times"-sienna poll, and kamala harris is polling better than bide nonthat poll. >> and remember, liz, that's before most democrats and independents actually know about the foreign bribery allegations and the public corruption allegations. look, there is no question about it that the general public's catching on to the abuse of power going on in the doj against president trump, and he's getting stronger in the republican primary, and he's getting strong stronger in the general election as well. that new york times poll you cite where it shows him tied has democrats and the white house very, very nervous. elizabeth: and gal line up, you know, saying -- gallup saying this is an unethical white

house, a majority of americans, 6 out of 10 saying, yeah, the biden white house is unethical. biden finding he can't run on a record of high 17% cumulative inflation. the majority of americans believe america's on the wrong track. >> well, that's ca exactly right. look, every single month that joe biden's been president, the purchasing power of americans has declined. if the economy's the biggest issue and joe biden is failing on that. on top of the fact that you've got a candidate the democratic base thinks is old and now most of the public's starting to find out about the public corruption charges, joe biden is going to lose the 2024 presidential election if he does stay the democratic nominee. elizabeth: we're staying on the news coming out of the third indictment of former president trump arraigned in d.c. the fallout, the controversy, we're staying on it. plus, reports of new problems with promising new alzheimer's drugs. we're staying on the breaking news out of that den archer testimony about -- devon archer

testimony. let's check in the with our buddies, dagen and sean, see what they got coming up on "the bottom line." sean: former acting u.s. attorney matthew whitaker is going to join us as well as leo terrell. we're going to dive into this indictment of president donald trump, the historic nature of it, unpacking it. a. dagen: guy benson will talk about the political implications for former president trump, joe biden sicc cing his justice department on the former president. and also the republican candidate, and tomi lahren, speaking of biden, facebook. the government siccing facebook on tomi lahren because she, well, shouldn't have been heard. we hear from her, loud and clear, coming up. ♪ishe ♪ 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 that generate high commissions for you, right?

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elizabeth: okay, let's take a break9 from the news out of d.c. we've got dr. marty makary to help clear this up. there's confusion, doctor, reuters reporting at the new alzheimer's break through drugs that looked so promising may not work for black and hispanic patients with early onset of the disease. can you break this down for us? >> sure. what we've learned is that the black candidates who have tried to get into the trial have been turned undown because they've not had enough plaque in the

disease. and and it may be because alzheimer's in black people is different. maybe it has different causes. but for whatever reason, they didn't meet the criteria based on the plaque threshold required. so about 49% of the candidates could not get into the trial. we learned recently that the drug doesn't work as well in women when it came to the biogen drug. so these differences in the composition of who's receiving the drug, it actually may matter, and it's an important feature. elizabeth: so leqembi, eli lilly's drug, they target an attack of buildup of the amyloid protein in the brain. but the question is whether these patients get alzheimer's for other reasons. is that it in. >> well, that's right. and this is important because black americans have a twice as high likelihood of developing alzheimer's. hispanics, 1.5 times higher. now, there's a new trial to look at people with very early alzheimer's, and they're trying

to enroll people of all ethnicities and races in that trial. 95-98% of black candidates have been turned away from this time for not meeting the amyloid threshold or other reasons. so it may be a slightly different disease process in african-americans, in hispanic people. and so these are important features, and that's why we've got to understand the cause of alzheimer's, not just talk about the drugs to treat it. there's probably differences in food, in environmental exposures and other factors that we're understanding more now including a -- sleeping patterns during many years that could lead up to dementia. and not all dementia is alzheimer's. these are very important things we're learning, liz are, because the number of people with alzheimer's is going way up year-over-year. it's 6.5 million no, it's expected to hit 10 million in a matter of 15 years. where meth elizabeth 10 million. are we correct to report that

older black americans and hispanics have twice the rates of dementia than white people? >> twice the rate in black americans than white americans, and hispanic, 1.a 5 times higher. these are important features if we really do care about minority groups in the united states, we can't just blow them off. right now the way the system works is if the drug works in white men, then it's approved for everybody, and it may be used without the sort of discretion it needs to be used in terms of judgment in prescribing it to groups where it hasn't been proven to work yet. meth elizabeth great analysis from the if one and only dr. marty makary. we needed you on that story. it's good to have you on. we have coming up congressman andy biggs who's going to weigh in on former president trump arraigned in the third indictment from the biden doj. the fallout, the controversy. and we're staying on that released transcript of biden insider devon archer. congressman biggs was in on that

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elizabeth: okay, with me now from house oversight, congressman andy biggs. congressman, thanks for joining the show. what do you make of the third indictment of former president trump by biden's justice department? >> i think it's much ado about nothing, but it's going to cause an enormous amount of difficulties for this country going forward. i think it is an inflection

point, quite frankly. i think it has so many allegations that just don't make sense to me. so the sham electors allegation. nobody believed those were real, nobody was even talking about that. in fact, i did not even know about that at the time. so basically these, they're trying to take free speech, opinions, attorney-client privileged conversations is and turn them into indictable offenses, and and i think that they just overreached to an incredible amount, and i'm just concerned at the direction we're going to go. elizabeth: you're concerned the direction this country is going, is that it? you know, because it just seems like there's so much that's being abused in terms, abuse withs of power to stay in power. >> yeah. liz, that's exactly right. the way i look at it is when we start talking about weaponization, i don't know how many dozens of charges they've brought against president trump. they're talking about more in

fulton county, georgia. and what this indicates to me is when you start doing this to go after somebody who is a political opponent, then maybe we have got to revisit and reform the apparatus that's allowing this to take place. and i'm telling you, congress has got to step in and do manager. elizabeth: congressman, you were in the testimony from devon archer who delivered details that hunter biden broke foreign lobbying laws, but east never been -- he's never been charged with that. that hunter, quote, was a lobbyist in ukraine and china and testified that it's fair to say hunter biden was giving burisma executives the impression hunter e had influence over u.s. policy due to his connections with his father. >> yeah, that's exactly right. and the, there was an actual document where hunter says we need to follow the law scrupulously and register for fara, but they never did. they didn't follow the law

scrupulously. he involved his father in business transactions all over the world that impacted that partnership literally to the tune of tens of millions of dollars. and what they were selling according to devon archer, according to other people was what devon called the biden brand. and when i questioned him on it, he admitted that was just joe biden and what joe biden could do including to burisma. he said, devon said with joe biden there, the biden brand there, that would mean that burisma would not get hassled legally because of his presence. that tells you a whole lot about joe biden's involvement in the protection racket in some instances -- elizabeth: let's stay on this. have you ever seen a white house do this? i mean, this is being called one of the worst corruption scandals in modern -- in u.s. history. i mean, archer also detailed that hunter biden stole the joe biden family brand and business

deals as -- sold the joe biden family brand, that hunter was getting in with these foreign business partners so that people, he was being hired so people would not intimidate those foreign business partners, don't mess with them, including burisma. and, you know, when burisma's founder was being investigated for corruption. so don't mess with corrupt people. >> no, that's exactly right. that's what devon called defensive leverage. i call that protection racket. but beyond that, that goes right to the heart of what that fd-1023 where you have an informant saying that the burisma ceo expected a quid pro quo, that he wanted shoken to be fired the ukrainian prosecutor-general there investigating burisma. upon which devon and hunter biden sat on the board of directors. so, yes, we've never seen this in the white house. and he was the vice president, joe biden was the vice president at the time. it is overt, it is protection,

but it's not just approximate, it's the selling of access. and the democrats were trying to sell it -- well, he was just selling the illusion of access. the illusion of access doesn't make 20 phone calls and go to the wives of russian oligarchs that are worth -- elizabeth: if he's selling the illusion of access, ipso facto, that that's fraudulent if it's an illusion. congressman andy biggs, this is really hitting the president's pollings. we're going to stay on these stories. thank you for joining us tonight. please view us o -- we love reading your e-mails. thanks for watching "the evening edit." it is time for "the bottom line" with my friends dagen and sean. it's good to see you guys. dagen: thank you sob, e-mac. ♪ a. dagen: good evening, i'm dagen mctowel. sean: and i'm sean duffy.