>> that's it for kudlow today. tune in tomorrow. we're going to be joined by jason which was, greg, and m. liz mcdonald is up next. hi, liz. elizabeth: hi, we're breaking down the potential fourth indictment against former president trump and could come out of georgia at any moment and one of trump's top lawyers to talk to us about it. reports coming in and voters are tuning out and turning to the economy instead. we've got a new and danger astoopment in a flash --

dangerous development in a flash mob looting and president biden calls china economy a "ticking time bomb". and randi wiengarten out with a new attack against florida governor ron desantis. we've got a lot of show for you tonight. i'm liz mcdonald and "the evening edit" starts right now. elizabeth: large crowds for former president trump and the president was in iowa and he continued to campaign on the economic record and joining us is alena habba. thank you for joining us. what's going on with the grand jury in the potential fourth indictment coming out of georgia. can you weigh in. >> as you've heard, one of the things that happened was that the court put out a document and

it was not supposed to be out. they put out the angle that was a weak document and not real. i can tell you things are obviously trying to be rushed after the leak on the court document and if that was real, it's a problem. the grand jury is still meeting and there's no reason to be a indictment and there was no vote. they're rushing to get witnesses in. elizabeth: does this hang on the phone call that former president trump is accused of saying to the georgia secretary of state? he's accused of saying find me the votes. he didn't say that . the transcript shows he said i just to want find the 11,000

votes. >> exactly. elizabeth: does it hang on that. that? >> we have to see what the charges say. if they're trying to say that there was some constitutional interference of any kind. the two statements are incredibly different and that's been widely publicized and the fact that after two and a half years, they've brought these charges now after three other indictments and says it all about what their political and election interference intentions are; right. this is not a new story. this is a very old story. fanny has also last week put up her campaign website just thursday and updated it on friday. it shows your attention and the timing we do not think and it is not unintentional and so we'll see if the phone call and transcript are very important. elizabeth: richard nixon

launched challenges to the vote over 11 states. it's not new ground for the candidate to challenge the vote. i mean, keeper game i did won illinois by just 9,000 votes. nixon went in and challenged it. is this a concern? we had former lawyer for michael cohen and robert costello said the manhattan da alvin bragg cherry picked he mails alleged michael cohen, the da star witness was lying. are you seeing anything along nthose lines if the da is cherry picking information here presented to the grand jury? >> absolutely. absolutely. we've seen that now three times. i can tell you that's what's happening. the grand jury is incredibly one sided performance for lack of better words by the prosecutors and they've selected the witnesses they want, they select the evidence they want to show you and in certain circumstances with these prosecutors and

special prosecutor jack smith for instance, he had the grand jury hear the testimony in washington dc, which is incredibly blue state and then move the case to be heard for the trial in florida. why? because all they want to do is indict. the indictment is their side. it's their headline. to use it as a pr purpose is very disturbing. what president trump just like you expenditure mentioned astutely to challenge an election to have concerns with is within any americans right, especially the executive branch. i would argue it's frankly his responsibility to make sure we have election integrity in the contrary. elizabeth: watch former president trump this weekend and you'll see in action top georgia voters are not buying into the indictments and you'll see democrat congressman deep phillips saying he doesn't want -- dan phillips he doesn't want bind to run again. >> i believe a majority wants to

move on. people want to turn the page. my real call to action is not about me. the call to action is to ask the president to pass the torch. >> this has been giving oxygen to his campaign. he's making himself a mortar and they're making it a bit of a stretch. >> we don't techily any have a wise guy question. he's the wise guy. we don't take plea deals because i did nothing wrong. joe biden, he can't win the election by himself, he can't win the election based on votes so they got the attorney general toe do it and see how stupid they can be the special council and they left that all over the world. they're being laughed at. the fact is we have a country in serious trouble. we have a country that's in major decline. i don't mean decline. i mean major decline and we're going to straighten it out. out.

elizabeth: okay, so that's that sound. you heard that, alina. the hill is reporting gop strategist and 35% of the party base may not show up if it's not tram as a no, ma'am feoffment i want to turn back to the phone call. is that rally what the case hangs on? again, january 2021, then president trump picked up the phone and called georgia secretary of state and the audio recording, he didn't tell the investigator go find the fraud. when we saw the transcript, correct us if i'm wrong, he urged scrutiny of the ballots in fulton county asserting they would find dishonesty there? he didn't say go find votes for me to win. he was saying scrutinize it to get integrity into the vote count. is that what trump's defense is going to be? >> that's exactly right. look, we don't know the defense till we see the charges.

every charge has its own defense; right? but i'll tell you absolutely. you're being very astute in what you're saying and it's absolutely cassioppi vat. to say that and i mentioned executive branch, for the executive branch and soul member of the -- sole member of the executive branch to be concerned and single most important thing in democracy. coming to us versus third world countries, what do we have that they don't? fair trials, fair elections, and the ability to go vote and vote accurately. we saw things come out, we know there were issues in ballot boxes, we know there's voter fraud happening in states. these aren't assumptions. we've seen it. things come out. for the president to say on a call with lawyers by the way, on the call that we're on both sides and say, look, this is just what i need or, you know, read the transcript for yourself. he's not saying go find. he's saying you need to look. look at what's going on and check and make sure everything is accurate. that's his obligation.

in my opinion, that's his obligation as a american and the president. elizabeth: thank you alina. good to have you on. >> thank you. elizabeth: bring in editor john kearney, and fill mcgurn. turning to you, gentlemen. bill and john, you've heard that interview and what do you make of what's happening now? >> i think it's very bad. look, it's chaos a year before the primary and dumb trump is opposed for the same reason. he's a disruptive force. now we have this talk of new indictment. looks like every prosecutor in the u.s. is trying to indict president trump. in a way it comes so achievely. look at calendar and say, this is monday. there must be a new indictment. elizabeth: what do you think, john? >> remember when trump famously said the wall got ten feet

higher? i think every indictment gets trump ten more points among republican voters for the nomination. this is not hurting him but it's helping him because he looks like he's under attack and that's frankly why people want to vote for trump because he'll fight back when under attack. elizabeth: he's become an american folk hero, bill. >> well, the danger in all this is without a doubt, the indictment solidified trump in the republican party and they diminished all the other people running for president >> that's still a safe bet and i think as

biden's unpopularity grows, there's a real risk. we may have a battle between an ex-president that's under indictment and a current president about to be impeached and it may be a test to who's less popular. so i think biden is playing with fire here. elizabeth: biden's playing with fire. >> and are democrats. elizabeth: we hear you. you know, john, it's sort of like when you look at u.s. history, you look -- we don't want to sound i don't knowingy but challengers -- wonky but challengers have challenged the vote count back to the 1800s and we saw it with, going back to the early 1800s actually. we see it u nixon did it and we were talking to alina about it and nixon did it in eleven states against kennedy in 1960. it's like -- feels like a lack of historical perspective of

what's going on as they ratchet up the indictments against tram, john. >> that's right. trump is absolutely within his rights to challenge a very close election. that's part of the american system. criminalizing those kind of challenges saying well, look, i'm only in 11,000 vortices that'll have a chilling effect on candidates throughout the country and may want to challenge what looks like a very close election. i've had family members where one guy was declared, my father in fact, the newspapers declared one guy the winner and they declared my father the winner. it was for a local race. on very close elections of course you want to be able to challenge it and criminalizing those kind of challenges is very propmatic constitutional. elizabeth: this case could come

out of georgia any moment. we'll stay on it. john and bill, thank you for joining us tonight. we'll stay on the story. good to have you on. new and dangerous development in the flash mob looting of nordstrom outside of los angeles. we'll explain and it's got police really worried and congressman carlos gimenez and fox news legal analyst greg jerjarrett and the media reportg biden family corruption allegations has got the white house rattled. we've got a new development, what hunter biden's lawyerings are accusing david wise of doing. you'll want to hear this. sit tight. ♪

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it's to die for. and it's all right here. streaming was never this easy, you know. this is the way. you really went all out didn't you? um, it's called commitment. could you turn down the volume? here, you can try. get way more into what your into when you stream on the xfinity 10g network. jarrett. greg elizabeth: we have fox legal analyst gregg jarrett. they're reporting on biden family corruption allegations. watch this. >> president biden's handling of the case has raised questions at a time when voters already have doubts, about his age and political standing. biden brought his son to a state dinner, just two dais after the plea deal that since collapsed was announced.

and he has repeatedly defended him, denying wrong doing all together even though hunter biden himself has pled guilty. it's also the president of the united states talking about a potential defendant in the case that his justice department is prosecuting. also he was about to plead guilty to some th things that he did wrong. does the president need to stop publicly saying his son did nothing wrong? >> i don't know how now we can -- we have any confidence that wise is now going to go and look at this independently. he's not independent. >> i think the whistle blower that talked about hunter biden calling his father when he had, when he had clients on the line. here's the reality. the inner circle or the immediate family of a president should not be allowed to be lobbyists or consultants when their father or husband is the president of the united states. >> joe biden at one point said that hunter biden had no

dealings, got no money from china. we now see from hunter's own words that that's not true. elizabeth: what do you think, gregg? >> well, it's about time that the media awaken from their deep slumber. maybe they've had an epiphany now and it's a far cry from what they've been doing as biden apologizes for so very long. you played a clip of jake tapper, well, it was just ten daysing a that jake tapper told his viewers to influence peddling is sleazy but not criminal. really? you might, jake, want to read the criminal codes influence peddling is defined as bribery, which is a felony. using public office for personal financial profit. another one of the canards they love to peddle is, well, joe, you can't prove that joe biden accepted a penny and therefore he didn't commit a crime. really? have you ever heard of aiding

and abetting. read the institute on 18201 on bribery. if the money goes to another person and entity or not the public office holder, that's still bribery. finally they said, well, joe biden never really delivered on any of the propses in the -- promises in the influence peddling schemes. again, you don't have to deliver on the promise. the promise itself in exchange for money is a crime. elizabeth: it's a deliverable. what do you make of the push for impeachment inquiry of president biden now that special council david wise has been named on the hunter biden probes. hunter biden's lawyers say it was biden's doj and david wise that literally dictated the terms of hunter biden's sweet heart plea deal. it's over tax evasion and gun charge. it was david wise and now special council literally proposed and dictated language

in the plea deal that said the u.s. would not criminally prosecute hunter biden in the future for other felonies. >> yeah, and now david wise is suddenly the special council? i mean, this is the guy who has blocked any serious felony charges against hunter biden. we're now supposed to trust him? beyond that the attorney general is not allowed to appoint wise's special council. read the federal regulations and can only be somebody from "outside the government". why? because wise is hopelessly conflicted and he works for joe biden and now he's investigating his boss and his boss' son. look what the whistle blowers said. they accused wise of political interference to protect the bidens, and they were detailing about it allowing statute of limitations to expire, tipping off hunter's lawyers, scuttling search warrants for closing questions about joe biden and of course infamously negotiating

this absurd plea deal. this is a guy that cannot be trusted. to me it's a sham, and the fix is in to protect the bidens even more. elizabeth: gregg, how does congress proceed in the investigations against this alleged corruption in light of this special council? can they go on their on track and do it? >> sure absolutely. remember, congress is a coequal independent branch of government urn the -- under the constitution they have an oversight duty to investigate corruption in the executive branch and especially corruption by the president of the united states who appears to have been aiding and abetting as an accessory in his son's influence peddling schemes. look, they don't have prosecutorial powers, but congress does have the ability to expose and that's a parmont

value. elizabeth: thank you, gregg, for joining us tonight. we'll stay on the story. teacher's union chief randi wiengarten out with a new attack of florida governor desantis. bill stanton and police warning of a new and dangerous development in the flash mob looting of nordstrom outside in los angeles. we'll break it down with bill stanton on "the evening edit," next. ♪ i'm a bear. i'm coming out of hibernation after the best nap of my life... and papa is hungry. and while you're hittin' the trail, i'm hitting your cooler. oh, cheddar! i've got hot dog buns! and your cut-rate car insurance might not pay for all this. so get allstate, and be better protected from mayhem, like me. roar. (sfx: family screams in background)

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elizabeth: okay, ftx's sam bankman-fried, he's accused of one of the worst financial frauds in u.s. history and no longer in house arrest in his parent's pal low aloe -- p pala alto home in california and he's now in a prison. lydia hu has the story. >> good evening, liz.

new filings shedding light on charges sam bankman-fried will face as well as his current medical condition. this afternoon prosecutors filed a new superseding indictment that dropped a count related to campaign finance violations based on a technicality. still, the new indictment advances seven charges related to conspiracy and fraud and alleges bankman-fried funneled "over $100 million in campaign contributions to democrats and republicans to seek to influence cryptocurrency regulation". defense attorneys request that had bankman-fried have access to medication while in custody. the treatment for major depression and adderall for hypertension deficit disorder and he's been under psychiatric care since february 2019. his lawyers say he needs medication to continue to help him prepare for his defense. now, bankman-fried is being held

at metropolitan detention senter and houses 1700 mostly male inmates of security levels and male inmates of histories from terror history and organized crime and drug smuggling. one notorious former inmate is martin screlly and he said sucks for sam. they accused him of witness tampering by sending hundreds of communications to reporters, reaching out to general council for ftx and showing a gentlemen of the jurist his former colleague and ex-girlfriend's private writings they say to intimidate her. she's expected to be a star witness in the prosecution's case and the defense sate bankman-fried was exercising his first amendment rights to defend his reputation in the press, defense attorneys say they're going to appeal friday's bail decision. liz, back to you. elizabeth: lydia hu, thank you so much. bring in retired nypd officer

bill stanton. bill, that nordstrom store at the topanga mall outside of los angeles. a huge flash mob smash and grab, up to $100,000 in goods stolen. talking to cops there -- by the way, this was the same store robbed in 2021. the looters used a can of pepper spray, bear spray on two security guards. this is a bad development, bill. what do you think? >> well, liz, first, thank you for having me on your air. what i think is what every one of your fans and viewers that are in law enforcement always knew when this first started. this is a perfect storm between defunding the police, these prosecutors and judges and politicians thinking they're going to get some votes by looking out for the bad guy and prosecuting the victims, and it's only going to get worse. elizabeth: they have to restore the rule of law. i mean, for this to be going on -- now they're using pepper spray on security guards.

bill, this happened with a string of robberies in brooklyn and manhattan last year and shot at store workers, pepper sprayed them. they used pepper spray, he's did in the bay area to attack u.s. postal workers. you can't have a trend take off where you have flash mob looters using pepper spray on law enforcement or security guards. >> well, it's -- when it used to be like dance raves where everybody would show up, they're using social media and now using bear mace to explode all over security and anyone that tries to get in their way. the thing is the criminal mind is the ones committing these criminal acts, they have a fair bet in the back of their head they're not going to get arrested and if they do, it's going to be turnstile justice, no bail. just released to go do it again. elizabeth: i'm telling you, it's the equivalent of a parking ticket. california voters need to stand and you happen say we're going to raise the threshold. it's not going to be just a

parking ticket kind of misdemeanor for $950 in goods stolen. we're going to make it $3,000, we're going to make it $5,000. that's, you know, basically saying you've got to stop it and bring back the rule of law. >> and if that doesn't happen, liz, we're going to go, instead of being progressive, we're going to be regressive to the days of the wild west where people are going to look to defend themselves or hire hired guns to do the justice for them and we don't need that . elizabeth: how do they fix that law? >> you're 100% right saying they have to fix it. what you're doing is a service to all californians, whether they agree with you or not. all of californians are becoming a victim. the people shopping are paying for their free shopping days of criminal people and people that are on the fence that may think about doing this, if they think they can get away with it, they

will. petition your local politicians, let them know they're not going to get advantage by coming down on the police and lording the bad guys and making the victims the criminal. we don't need that . elizabeth: if you steal $100, it's a felony. it shouldn't just be a parking ticket; right, bill? that's where we're at. >> they don't even want people to pay parking tickets. it's like we're living in the upside down world. these criminals are now getting activated more enthusiast and i can they're literally laughing in every law-abiding citizens face. we can't have that any longer, liz. we need to fight back. elizabeth: got it. bill stanton, thank you for joining us. we have this story, the white house in diplomatic cleanup mode after president biden called china's economy a ticking time bomb. and a father of seven just won a big case in texas. he was arrested and jailed after speaking out at a school board meeting in 2021.

we also have along with parents defending education, alex nexter will weigh in and randi wiengarten's new attack on florida governor desantis. that story is coming up. >> make sure that congress hears you. are you with me! ♪ detect this: living with hiv, i learned i can stay undetectable with fewer medicines. that's why i switched to dovato. dovato is a complete hiv treatment for some adults. no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. if you have hepatitis b, don't stop dovato without talking to your doctor. don't take dovato if you're allergic to its ingredients or taking dofetilide. this can cause serious or life-threatening side effects. if you have a rash or allergic reaction symptoms,

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believe illegally hiring the superintendent and more specifically he assaulted his mistress in an effort to cover up his affair and i believe kill his own child. as i went to go testify in front of the school board about that, they tried to declare what i was saying as non-jermaine. even though they were debating about the superintendent that day and covid regulations, and they drug me out of the room. then since that time, they have continued to double down. they've hid evidence in grievance hearing ands tried to avoid grievance hearings for a year and a half. they've surrounded us at school -- like district parking lots where we were advocating for alternative people to be on the board. they've blocked entrance to the school board meetings with police. they tagged me to a wall and ripped open my back and gashed my back open shortly after this. they've tried to censor two more school board members and the list goes on. the judge shows we have

colorable offenses that have been done to me first appointment, fourth, and 14th amendment. the school board just tried to dismiss, dismiss and push it aside illegally and we've been willing to stay the course and see this through in court. elizabeth: jeremy, reports coming through that the school superintendent was investigated and found he did not try to induce his girlfriend to have an abortion. is that what you were referring to? >> that's an absolute lie actually. what actually happened was a texas education agency placed a monitor in the district as a disciplinary action. that mono-store required the school district to hire an independent investigator. the independent investigator submitted a report to the school board saying please fire this guy. there's a lot of truth to what's being said. and the school board, five members out of the sen, voted to basically not disclose that report. not disclose that report to the public and we finally exposed it and that report then showed monarchies later they had --

months later they re-instated the super-bend instead of firing him but the report said to fire him and there was validity to fire him. they continue to lie to this day, which is what you were seeing. elizabeth: alex, let's turn to you. we have teacher'sdownon chief randi wiengarten going after florida governor ron desantis. watch this. >> he knows better. he's doing this just for political reasons. frankly, what's happening is he should spend some time in his own state where there are huge economic issues, but what's going on now is that they're using education politically and taking away ap african american studies from the kids that were taking it right then. almost taking away ap psych, which is the most popular ap course in florida. it just makes their kids less

competitive with other kids, but it also really hurts teaching and learning. when you're constantly questioning what you can say or who you're erasing or not erasing. elizabeth: alex, what do you think? >> what really hurts teaching and learning is when schools focus on controversial aa or idn sex and gender and race and not on reading and writing and math. look, we know that ra randi wiengarten is all in on teaching kids things about, you know, sex and gender that parents don't want to see in schools. at the end of the day, we know that florida has been a leader in trying to make education what it should be, a place where kids are learn the skills they need to succeed in life beyond the classroom. not being indoctrinated with ideas on sex and gender. but that's what randi wiengarten would like to see. elizabeth: jeremy and alex, thank you for joining us tonight.

we'll stay on the stories. >> thank you very much. elizabeth: the white house now in diplomatic cleanup mode. president biden calls china's economy a ticking time bomb and didn't appear to sympathetic to what was going on in hawaii, but first check in with dagen and sean on the bottom line next hour. scene: yeah, charlie hurt with the economy with the accomplishment of the american dream. dagen: three cords and a truth, that's the little tease of what's coming up and kennedy and jimmy failla on joe biden not president empathy. he's president an tip think when it comes to suffering in this nation. top of the hour, razzle-dazzle. sean: razzle-dazzle.rist ♪ ministries could save you up to 40% today. as a member, you can choose your provider without network restrictions. sign up at your convenience with our anytime enrollment.

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elizabeth: congressman carlos gimenez joining us from the white house. the white house is down playing president biden calling china's economy a ticking time bomb. china is in a deflation natural rights approach trajectory down -- deflationary trajectory downward. what's going on? >> i don't know. i have to praise the administration for putting restrictions on venture capital flowing to china, especially

those companies dealing with high-tech, why the white house would down play that, i don't know. you know, for president biden, it's better late than never. we need to do further decoupling from china and we strict, you know, more and more -- actually have less and less investment of u.s. companies into china. we need to decouple as soon as we can. i don't know what the house -- white house is doing. elizabeth: you know, let's turn to this, the deadliest fire in more than 100 years in maui, in hawaii. 96 dead, more than 1,000 unaccounted for. that death toll is expected to rise. let's watch president biden here. >> mr. president, any comment on the hawaii death toll? >> will you talk about the hawaii response, mr. president? elizabeth: why didn't he have a statement about it? >> well, he probably doesn't even know about it. you know, who knows what time he got up that day or that night or

the -- and nobody maybe has told him about it. i really don't know why. you know, the president of the united states usually says our thoughts and prayers, everybody, our thoughts and prayers are with the victims and families and everybody that's homeless and it's obviously a great tragedy what happened on the island of maui and we will do what we can, the federal government will respond, you know, and do what we can to alleviate the pain and suffering of the people of maui. that's what we'd say. i don't know why the president wouldn't say that. i mean, you know, you must have caught him at a bad time. i really don't have a comment. how can you not say something about it? elizabeth: it's not a good look when you've got dozens of people dead and thousands still unaccounted for. why don't you just have a statement ready. republicans are already criticizing the president for tieing together u.s. disaster relief to again more money for ukraine, $13 billion there. i mean, senator marco rubio

saying the president is holding americans hostage and that representative michael waltz is saying it's pretty clever on the biden white house to lump in badly needed disaster aid for ukraine and jd vance is saying you have people hurting in east palestine where just an the corner from -- around the corner from hurricane season and you're holding up $12 billion for u.s. disaster relief to tie with ukraine? >> pure politics. pure and simple and so it's not right. you know, that shouldn't be coupled together. obviously we're against that in the house and i'm sure the senate, senate republicans are voicing the same concerns. we need to help the people of maui, we need to help the american people before we start sending money over seas. i'm not saying we shouldn't be sending money overseas but shouldn't be tied together. two separate subjects, two separate issues, and we need to vote on them and separately. but need to get the money to the people that desperately need it in the country right now right away. elizabeth: do you think the

president -- he hasn't declared east palestine a disaster area yet. he hasn't visited it. do you think he should go to hawaii? should he go to east palestine? the argument is he can't go because he'll pull resources away, you know, giving him more attention on the trips and the resources needed for the cleanup. is that true? >> no, i don't think .s the think the president of the united states says a disaster of this magnitude and close to 100 people already verified dead and now a thousand people still missing. that death toll will go up. there's basically a town wiped off the map. i think the president should visit and tell the people of hawaii, yeah, you're part of the united states, i am your president, and i'm here to witness what happened here and also make sure that you get the aid that you need in order to smooth things over, try to make things, you know, make the best of this really tragic situation so, yeah, the president should go there. this whole excuse it'll take too many resource.

he goes all over the place and nobody says anything about the resources. obviously when americans are in need, they need to see their president, and their president needs to be there to show support of the american people to the people of hawaii. elizabeth: got it, congressman gimenez, thank you for joining us tonight. >> it's my pleasure. elizabeth: we're staying on this indictment that could come out any moment from georgia. large crowds for trump in iowa this weekend and continues to campaign on the economic record. again, a fourth indictment is expected. we've got top legal aid tom dupre next on "the evening edit". >> going to come and debate milwaukee? >> that'll be interesting. ♪ what do we always say, son? liberty mutual customizes your car insurance... so you only pay for what you need. that's my boy. now you get out there, and you make us proud, huh? ♪ bye, uncle limu. ♪

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elizabeth: joining us now former democraty assistant attorney general tom dupre. tom, good to see you. we're hearing witnesses earlier than expected and don't know when the fourth indictment could come down, could be this week. what are you looking for in this case? >> liz, my best guess is this georgia indictment is going to be a lot broaderrer than the indictment we saw jack smith bring in connection with januar. my strong hunch is that the georgia district attorney is going to cast a broader net first of all. i think she's going to named defendants beyond just a single defendant jack smith named, and i think he's glogg to be aggressive in terms of pursuing

charges such as a rendition of o conspiracy charge and that's one reserved for organized criminals and i think that's where she's going on this one. elizabeth: she could then put pressure on defendants to flip on trump and rico charges have hefty penalties. >> they sure do and that's part of her strategy is knowing they've been aggressive in questioning witnesses and no doubt that some witnesses themselves face criminal jeopardy to make the calculation saying i think i'll testify against trump and try to get a better deal for myself rather than not cooperate. elizabeth: is there even a racketeering charge here? is there enough predicate for it? >> what she's going to have to do is identify a bunch of crimes that were allegedly committed, and my guess is she's going to focus on the call that former president trump made to the georgia secretary of state. i suspect she's going to focus on the alleged involvement in the voting machines and then she's going to have to string all of the acts together under a big conspiracy theory. she's going to have to show that president trump and the other

defendants all were in agreement and conspired in trying to achieve this illegal purpose. it's a big ask for a prosecutor. elizabeth: doesn't sound like you have a lot of faith in this case. >> well, look, i think number one it's a serious case in some senses more serious than what former president trump is facing on the federal side because on the federal side of course, president trump if he's reelected has the pardon power and the power to direct the jus it department to dis-mis-the case and doesn't have it on the state side and it's a serious case and one that the legal team is taking seriously. elizabeth: won't the tell be -- the weakness of the case if it's just this one phone call? >> well, if that's all it is, then it's going to be a much smaller case than we've anticipated, and i think it'll be one that's much easier to defend. we've heard the president describe it as a perfect phone call, and i think he has defenses to that. my guess is she's going to cast a broader net here. the leaks out of her office and the way she's teed it up suggests she's going to be swinging for the fences on this

one. elizabeth: again, the accusation is he told the georgia secretary of state "find me the votes". the transcript doesn't show that. it says he says i just want to find 11,780 votes. he was looking into -- according to the trump side of the case, the integrity of the vote. >> right, and i think that's going to be the main defense here and, look, if it comes down to bisclay listening to the foro the former president give his explanation in the context of explaining himself and talking to jurors, if that's all this boiled down to, he'll be in a stronger position than if she tries to loop in all the other acts and named defendants and cast a broader net. elizabeth: tom, for the first time there's going to be cameras in the courtroom for the indictment. you're going to see trump on camera in court. what do you make of that? >> well, i think it's going to be a media circus. we've seen this da has literally been clearing out the courthouse and telling her people to stay home, the security barricades have been up there, and you can imagine there's going to be

10,000 cameras and journalists at least in the courtroom to see president trump in court for the first time. in a way, i think it's good in that i think it's important for the american people to actually see what's happening and understand what the prosecutors are arguing. so from that perspective, despite the media circus, it's good to put transparency on the whole proceeding. elizabeth: got it, tom dupre, thank you for joining us. tomorrow we have art laffer, mike huckabee and much, much more on liz mcdonald. thank you for watching "the evening edit" and now it's time for the bottom line with dagen and sean. take it away. dagen: thank you, e mac. elizabeth: sure, you got it. dagen: god evening, i'm dagen mcdowell. sean: and i'm sean duffy. dagen: richmond north of ri