running and scoring is coming, less dead time. more action. play ball. >> thank you very much. that will do it for us. tomorrow, an interview with mike peninsula and get his take on developments. the testimony he has to give regarding january of. wha -- january 6. what he knew and what he said to donald trump. ♪ >> jessica, jesse waters and sandra smith. the five. ♪ >> while testifying the internal revenue service paid a visit. we still do not have answers about that unlikely coincidence the secretary treasury admitted only happens, so far as she

knows, when someone is under investigation for fraud. >> republicans are demanding answers from joe biden on the weaponization of government. it's a damming new controversy after the irs showed up at the home of a twitter files journalist, the same day he was testifying on big tech censorship. >> seems like a pretty big deal that biden should want to address, but his administration has no explanation. >> what does bother you? >> it's certainly something that i would want to look into. i'm not aware that irs agents do that except, as you said, in cases where there is an investigation. >> if you could respond to this. >> i'm afraid i'll have to refer you to the irs. >> that's stonewalling, not sitting well with jim jordan. the chairman telling biden it's time to start talking. >> just give us the answer, and if it is chance, then just tell

us but tell us what it is. i don't know how it takes so long to figure this out. >> we may look to subpoena the documents, any communications relative to this situation. we may want no talk to folks. >> who is that lady on the left? >> suspicious irs visits is just one of the problems. republicans also trying to get to the bottom of how government and big tech teamed up to censor information. a former attorney general turned senator testified about why he sued the biden administration. >> the biden administration has led the largest speech censorship operation in american history. no matter what your political affiliation is government censorship should concern everyone. the hunter biden laptop story, the covid-19 lab leak story theory and the efficacy of masks. discovery obtained by missouri and louisiana demonstrated the biden administration's coordination with social media companies and collusion with nonprofits to censor speech was

far more pervasive than ever known. >> do you see a pattern? >> government targeting, yes, which is whyter having the hearings but specifically with the irs you remember joe biden was vice president when the irs was going after conservatives for speak out against obama care, during the obama administration and serving under a president who went after more journalists and sources than any other in the history of the country, that's barack obama. for all the talk about how president trump was hard on the press, you would think joe biden would come out and defend reporters in this instance. democrats, who say they are for the first amendment, that it's an important part of the country, would be asking questions of the irs as well for this visit. and, you know what? maybe it is a coincidence. maybe. i don't believe that. the irs hasn't said it's just a coincidence, but at a time of deep distress with the government and when they are under the microscope by this committee you would think they

would go out of their way not to do things like this especially when it's not routine. >> what do you make of the whole idea being a coincidence? how can it be a coincidence? -- this is just too rare and shouldn't the irs be talking about this. >> it's so blatant, too, because to jim jordan's point in that interview, thank you, bit way, that was me, and that was earlier, and he made some news there, i said, what if the irs does not respond by your given deadline he said they will move on to a subpoena but good luck. we may never get answers but it just feels so wrong, like why did this have to happen? i talked to liz mcdonald yesterday from the fox business network, she's covered the irs for decades. she said there is no reason why somebody couldn't have called him up before this happened, and then to not have them comment at all on this, to jim jordan's point, is this a coincidence? is there anybody who doesn't think that husband targeted? by the way, not necessarily a conservative journalist, i guess

now they are questioning whether or not he's a journalist to concerned. if a government agency is acting in this way, and people should be demanding that we get to the bottom of this, we should be demanding that we get answers, and for the irs to not comment on it, that sends a message in and of itself. they could say, no, actually, just, you know, this is just coincidence. this just happened by chance. tell us if that's the case. >> you must be disgusted by your party. >> i've re-registered on the way to work. you can do it on your phone now. >> is so that's how you feel. >> what bothers me -- well, i am bothered that the irs showed up there and hasn't explained it to your point. if it was a coincidence, say it. even if it wasn't probably recommend lying about it because it looks bad and getting liberals mad about it but the thing that bothers me most is people showing up for hearings not prepared for the questions that you know you're going to

get. we talked about this yesterday with secretary mayorcas. janet yellen could have known, if you look at the news cycle, what jim jordan is commenting on, when he does his cable news, et cetera, you have a good idea of what the stories are that are fueling these people so why wouldn't you in the interest of being able to get to your points, because when you have to address other people's points, what happens is, and i know this well since my time gets taken up by jesse's interruption. you don't get to say what you want to say, how dare you, jessica. know what they are going to ask you and come with a good response. she could have reached out to someone, i would imagine, and say, what's going on with this matt thing and she could have said i have a call into bla-bla, like kirby said, i have a statement. other things about your intro. >> it was excellent. >> it was excellent.

>> just fine. >> no, it was really excellent. >> she's trying to give him a compliment. >> i successfully did it. jim jordan said i'm going to move on to a subpoena is laughable. he's 363 days that he hasn't complied with a subpoena that he got from the january 6 committee and all of this testimony about how the biden administration is colluding with the social media companies. we have all of the evidence now of what the trump administration was doing from things like help us deal with the panic buying, that happened at the beginning of the pandemic when everyone wanted to get the masks and clorox, i'm really mad that chris called me a you know what? . no one who doesn't -- they are buying to what came out of this committee. >> i want to play more sound on tape, it's about how the democrats tried again to censor what's happening. let's listen to this. >> in today's hearing, the

democratic members of the committee tried to strike testimony and general landry's testimony. first they say there is no censorship happening here and then they try to censor the testimony and remove it from the record because we followed custom and they didn't answer questions. that's always the custom when you have a senator and a former member to come in front of congress. that describes what the democrats are really up to. >> jesse, we're living in a strange era. we're seeing another flip in the world of speech where it's the right who are the defenders of free speech whether it's on campuses like stanford or social media industries, and now in government. now it's the left that are trying to silence people. what's happening here? what's going on underneath that fake head of hair of yours? [laughter] >> i knew this was going to happen when we elected a president from delaware. this is what you get. you get a brute and katy is right. they have been going after journalists for as long as he's ever been in power. they cracked into tucker's phone when they were trying to book

putin. they cracked into rosen's phone. they kicked out james o'keefe's door in the middle of the night and hauled him off in his underwear, perverts, and biden comes out and does an interview on the super bowl not with bret baier, he does it withdrew barrymoore. the whole country is stuck on their little chinese made iphones just waiting for baseball season to start. i'm a little annoyed with these hearings. they are wasting my . yellen comes out and she has no clue what's going on. mayorcas doesn't know what a cartel wristband looks like. offers defense has never heard of the fact they are booking drag shows at air force bases and you will you have to do if you're a flack, you say i just have to refer to you this person. you don't have to know anything or do anything. so if i was in congress, i would say janet, what did you do to prepare for the hearing today?

when is the last time you spoke to the irs commissioner. do you even care what's going on at the irs? what do you do all day? she can't answer that question, instead, they are going to like throw a subpoena around. okay. then what? another subpoena. and then what? another subpoena. and then we're all dead. >> greg: yes. >> that's how it works. >> greg: exactly. >> they subpoena you to death. >> greg: and then you're dead, yes. >> or you retire like lois learner. >> greg: we solve nothing. straight ahead, it turns out joe biden's green agenda is actually helping china to cash in. ♪

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♪ >> the biden administration forced to come clean on how their progressive green agenda is actually benefiting china. biden's interior secretary grill on how the president's policies blocked the domestic production of critical minerals creating a dependency on the communist nation. >> 16% of rare earth mining -- by deductive reasoning that would mean that electronic vehicles, i'm sorry, electric vehicles and renewables deepen our reliance on china, correct? >> yes. >> is it your policy, that critical minerals should be sourced -- or sourced from

russia and china who don't share our values, much yes or no, your policy? >> our policy is to work to make sure we have the best -- >> i'll take that a maybe. >> and senator manchun is not staying quiet. he said the biden administration betrayed him to pushing climate policies saying this, administration is attempting at every turn to implement the bill it wanted, not the bill congress actually passed. but transportation secretary pete buttigieg says the claims can't be true because we all have electric cars. >> everything that we do in this administration conforms to the law as written, as passed by congress, and as signed by the president. of course, we're in constant dialogue with partners in congress who have shaped this

legislation. the way that the administration is advancing this is designed to ensure that we have economic security, that, for example, the electric vehicle revolution is a made in america electric vehicle revolution. benefits american workers and create american jobs. >> i just want to point this out. while they are touting, we have ev's, biden oes own agency right now is predicting that ev's will only be 10% of the global car market by the year 2050. so this is not happening fast. they are not popular. we're not there yet and we have to admit that. but isn't it natural to ask the question, if we make this major push to electric vehicles in this country, that means a major push for batteries for those electric vehicles, and that means a major push for lithium. 70 to 75% of all that lithium comes from china so by pushing e.v.'s, aren't we increasing our dependency on china? >> as the secretary said, yes.

there should have been a follow up to it, i think, at least on a policy standpoint to say although we do have to work with china on a number of issues and that's true of any administration no matter their politics, unless you want to fully isolate from them, a lot of companies will be mad at you, nike's of the world, the apple's of the world but there should be some movement toward saying we're going to give a little on this, right? allow more of our own natural resources to be mined here, and understand there is an environmental cost to that to make sure we can lower our dependence on china. >> what's the difference between environmental cost in china and here? >> america first, right? if you're protecting americans' airspace -- that's what this is, right? china is getting dirtier and that's less of our problem than if the united states is getting dirtier or the air that we're breathing. that's what everybody making about their own policy. no? >> global. >> yes, of course, but go ahead with your point. >> i think i made it.

-- had more control over the inflation reduction act than any single person. these are crocodile tears at this point. he signed off on every single word of it, completely disingenuous for him to say is stupid. >> for once, i agree with half of what pete buttigieg said about joe manchun saying he got duped about the inflation reduction act when at the time it was being passed it was clear and evident in the text it was the biggest green new scam giveaway in the history of the country, and he signed right on to it because he wanted to appease joe biden and goes back to west virginia and his poll numbers tank so now he's against the inflation reduction act which he voted for, which he went to the white house to tout after he voted for it. i'm sick of him and he might lose re-election. we'll see in. terms of this push for electric vehicles, they keep telling this like it's green, clean energy,

former interior secretary pointed out today that in order to get this e.v. dream they have to increase mining by 2,000% for the next 20 years. and emissions is the only standard that they are judging the environment by so they say an electric car doesn't give off emissions. it gives off a lot of emission when is you're mining to build those electric cars, and it's a false, bogus standard which is going to result in actually more detrimental policies for the environment. >> you're making too much sense, katy. >> this is a big cash transfer from the taxpayers to big corporate america, and joe biden is just the middleman. doesn't have anything to do with the environment. it's all about money. we're doing this all in third-world countries. we're doing it all in china. with slave labor. child labor, and the country and the world doesn't get any greener, and that's the point. the only green is going into the packets of corporate america. they are making green products that we all of a sudden need to

buy. why do we need to buy them? because the government is now mandating they be produced. manchun is an idiot. he's confessing that he got outmaneuvered by joe biden. how embarrassing. i'm so sick of him. why is he so annoying? >> joe had the whole country like this in his hands for about a year and a half. and then he folded and now he's wining. sorry, joe, i don't feel sorry for you. deb holland, she's in charge of the interior, also a basket woman and probably the dumbest woman in the cabinet, has no idea of the type of rare earth minerals we're sitting on in this country. she doesn't care. she's an indian american. that's why she was nut as the interior. she shatters, and now corporate america tolls her what to do. they are putting in windmills owned by foreign countries 15

miles off of entire east coast? does that sound smart to you? what happens if a german company owns all of the real estate off new jersey and germany is not our friend anymore. when is the last time that happened? maybe last century. it's the dumbest thing from a national security standpoint that i have ever seen and the fact that joe biden doesn't see me that tells me he's too old. >> it was just last week the energy secretary under this administration, she double down on her praise for china. >> crazy. why is this administration not trying to move away from dealings with china? >> greg: i have ow he talks. he reminds me of a stranger from the x files. he just needs a cigar dangling out of his mouth. a green usa helps china, because it slams our economic growth while bolstering theirs. it's basically what would you call climate equity, right? it's like we tap down our economy, while lifting theirs.

so we all meet at the same crummy horrible level but it's so interesting, why does the american left and china always seem to be on the same side? whether it's the stars of the nba or the heartless sunny -- who defended the imprisonment of wegars on "the view." i doubt they know what it is. but why this alignment? it's because they both share the same goal, which is to strip away the moral authority of america around the world. the woke's goal is to punish america permanently. that helps china. this is why china helps fund and support specific companies that are woke, that have esg and dei or die because they create the same dired outcomes which is a weak america that's at war with itself. that's why china loves wokism more than the wokesters even

realize. >> you dropped the mic. >> thank you. >> very good, very good all around. >> when they figured out i had made a point -- >> that was it for me. up next, joe rogan sounding off after defending transgender athletes competing in women's sports. ♪ next on behind the series... let me tell you about the greatest roster ever assembled. the monster, the outlaw... and you can't forget about the boss. sometimes- you just want to eat your heroes. the subway series. the greatest menu of all time. ubrelvy helps u fight migraine attacks. u do it all. one dose of ubrelvy, quickly stops migraine in its tracks within 2 hours. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy, the anytime, anywhere migraine medicine.

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who has starred in good will hunting too fast, too furious and the current hit show yellowstone. beyond his impressive career, he is a proud supporter of the tunnel to towers foundation. i was able to spend some time with cole and his family to reflect on those who have sacrificed so much to defend our freedom. i know how much you care about america and our veterans and all the things. but you have such a platform now. yeah. and to share that with us that we need to get the word out that we have to take care of these great heroes and their families. you know, as i started to be more and more successful, i was like, how can i help? but when i heard of the tunnel of the towers, and i met brandon in idaho and his family, i was like, wow. there's actually a charity where we know where the money's. going to go. we have 95.1% of every dollar goes to our programs. and i think brandon's a great spokesman for t2t and and his wife, shannon, has two daughters.

i mean, oh, my god. they're just special families. so pretty much, if you put your life on the line, if something goes bad, they're there. that's awesome. yeah. they're incredible people, man. you saw all the stuff we put in these homes, right? i was i was blown away. and they deserve it. they earned it. this is not of course, we give them a mortgage free home, but look what they gave up. they gave up their bodies so, cole, why should americans give donate help? tunnel to towers foundation. >> whyhe should americans give, donate, help? >> i mean, is there any better organization to help the peopleg that's fough tt for this countr and the freedoms that we have? it's that simple. it's that simple. >> it is tha >>e let'sin take care of each r and you can join us on that mission. >> thank you. >> i want you to join me in supporting our nation's heroes and their families. it's only $11 per month.

>> i wouldn't have lasted this long in the entertainment industry if i hadn't taken a few risks but i'm also a realist because i have seen it all. ♪ >> the battle for women's sports is heating up and joe rogan is calling out the fairness of female athletes having to compete against transgender swimmer leah thomas. >> this transathlete thing [ bleep ] blows my mind. how many people go along with this. this is nothing to do with transrights. it just has to do with humans.

there is a reason why we make a distinction, why men are not allowed to compete in the women's division but it's horrible. imagine if you're a biological woman, you're working your [ bleep ] off, you're fully dedicated to being the best of the best, and this person, who just decides they are a woman, with testosterone flowing through their body for their entire life, just dominates you. >> and people are finally starting to realize the unfair edge biological males have over women's sports. >> people are becoming more bold. people are starting to open their eyes to what this gender ideology propaganda being pushed by the left, being pushed by the media, being pushed with within education systems, they opening their eyes to how harmful this is, specifically, of course to women and to children. >> i don't think people necessarily are changing their minds about the situation. i think most people know what this is, and maybe they are just more willing to speak out as other people are talking about

it. >> you know who i blame? women. if you guys really wanted to put a stop to this you could put a stop to this. it's not our deal to put a stop to. this we're against it. we're not for it. it's your sports. you guys run these sports. you guys are the coaches, the participants. you guys run the ncaa women's division. yadda yadda, and you're the ones allowing it. so sorry. i challenged some women when a middle schooler at field hockey. i grabbed one of their sticks and started competing with them. blew them away, katy. i'm faster than them and i'm stronger and i was stealing the little ball and it was basically like hockey, and boom, it wasn't even close. and that was me and i had never picked up a field hockey stick before. imagine if i had been training. imagine if i had gone to field hockey camp. imagine if i had done some

squats, i would have been the most valuable player and in today's day and age that would have been okay. to be fair, there are a lot of men's coaches who are forcing this on them. >> who just identify as male? >> all right. we're going to break in with this fox news alert here. we've just gotten word former president donald trump has been indicted by a grand jury in new york. trump winds investigation by the d.a.'s office for his alleged rush money payments to adult film star stormy daniels during the 2016 campaign so as we await more information fox news has just learned this from two law enforcement sources that trump has been indicted. perhaps i can go around the table. katy, i'll start with you first. >> trump said this was going happen. the grand jury did not convene for two days in row, and the grand jury was out of town

allegedly for a month as of yesterday. so this is quite interesting to hear after they were sent home for the month. now, leading up to this, there was a lot of talk about whether it would happen considering bragg, who is the manhattan d.a. who is looking into bringing these charges, would be able to given how long it's been since this incident, and it was allegedly a misdemeanor charge. this has never happened in the history of the new york attorney's office before, and there has been a lot of controversy about whether it was appropriate given the president is a presidential candidate again and whether it was politically motivated as a result of this district authority not having the authority to bring it. and also the question of his obligations in new york to put hardened criminals, carrying out vary violent crimes in the city behind bars when he's now focused on president trump.

the president said it would happen. now there are big questions about how this will go down. whether the president will come to new york to be fingerprinted. to take the charges in person. and what that will look like with secret service and nypd and whether there will be a mug shot and how that will be handled. >> i think that's important to ask at this point. we don't know how this will go down but we do know the indictment would not be nighnightime -- announced -- we're reporting this as we've learned it from two law enforcement officials. we'll see if we hear anything from the former president as the moments go on here. will he be arrested, will there be any mug shot taken? will he appear in court? those are questions we do not have answers to at this moment. >> it's the stupidest thing i have ever seen.

he didn't have to be president. he had a great life. he won, he got in. they took him down, and now they are trying to nickel and dime in for a private agreement he made with a woman, what, eight years ago? it has nothing to do with politics. wasn't paid through campaign funds. this is a disgrace, and i think it takes about a week to get the logistics in so he'll come up and he'll get fingerprinted and they will get a mug shot and then they will plaster that mug shot all over the country for the next two years and run against a criminal, and that's what this is all about. no one wanted this. now i'm thinking he got embarrassed because everything you heard over the last 48 hours is they were just going to put this to bed and take a break for a month, so i don't know if there was pressure put on him because his numbers went up, in the last couple of weeks when this thing swirled. so maybe the left is calculating, that indicting this guy is going to get him the

nomination and they think he's easier to beat but i wouldn't be so sure about that because there is going to be a major rally around the flag feeling. i'm starting to feel it right now. i'm angry about it. i don't like it. the country is not going to stand for it. and people better be careful. and the that's all i'll say about that. >> this is the third act of the movie, right? it really is. this is how it has to be. guarantees his nomination. alvin bragg is the republican of the year. he just got trump's nomination. i think if there is a mug shot, which there will be, you've got to own it. that's got to be the poster. he's an o.g., right? he's a bad ass if he's got a mug shot. you might as well go right into it and the thing is, you know, his poll numbers have gone up with this. i just think this is going to make sure he is going to be on the ticket, and to your point, they made that gamble in 2016, they thought that he would lose

to hillary and he didn't. so i don't know if they really think, like, the logic, oh, he'll be easy to beat. >> just one factual point. it's being reported it's a felony indictment. they were looking at it as a misdemeanor, there was talk about that issue. they would try to make it a felony to make it a more serious charge and now he'll have to prove this because he's the one taking information from the grand jury and he'll then explain why beyond a reasonable doubt he thinks the charges will stick. >> jessica? >> he was bumping it up because it was seen as something to help donald trump's campaign because this all happened a couple of weeks before the election, so clearly, it was something that he didn't want to come out, and informed the results of the 2016 election. i'm completely shocked by this. when trump said i'm going to be indicted on tuesday, i thought maybe it's not tuesday but this

is coming, then everything that was leaking out from the grand jury, they weren't meeting on their normal days and the letter that allen bragg september back in response to the house gop committee and said basically this is all your intention. you're the ones that are talking about an indictment, no one out of new york is talking about it and i thought that was due to the fact there was a lot of pressure on him from liberals, i talked about it on-air saying, of all the myriad of things that donald trump is under investigation for, this is not the one where you're going to be able to rally people around to say, yes, this is unequivocally a thing he did wrong. it will be what happened in georgia pressuring officials to overturn the 2020 election. >> which there is no evidence. but go ahead. >> phone call saying find me -- >> what's your definition of find? do you find something that you have to create or do you find something that's already there? >> they weren't there and -- >> like find me a good massager.

i say find me one. >> you don't think trump and all of his lawyers throughout the country trying to get the results overturned in states like arizona and pennsylvania -- >> georgia, i was just responding to georgia. georgia was on your mind. >> always. the mug shot will definitely be partisan and donald trump was in the fox news poll that just came up, 30 points up. he was going to be the nominee. ron desantis is young, wait until trump is out of the picture if you're going to do this. but it certainly -- seems like he would be the nominee. >> this is a moment in american history that people will remember. this is a political rubicon that's been crossed. it will certainly change the gop primary but it will also change precedent and democrats talk a lot about precedent. they just set one with this. >> by the way, since this is white collar, we obviously have our camera out so the d.a.'s office here in new york, the d.a.'s office now has to ask

trump's attorney when he plans to come to new york to be arraigned. it doesn't require him to turn himself in so there is no specific time frame. it could be any minute now. it could be any day. but we'll see. >> you can zoom it in but they won't let him zoom it in because they want the spectacle. >> he wants it, too, though. >> he doesn't want to be indicted. if you think he wants this he doesn't want it. the family doesn't want it. imagine being barron trump, dad what are you looking at? it's not good and it's horrible and it's horrible that alan bragg, who is a joke in this town, who should get run out of town because crime is running wild, is going after this. if you get a hair cut a couple of weeks before the election and you pay for it out of your own pocket, not campaign funds, how is that a campaign finance felony? you're going to get a hair cut anyway. you wanted to look good anyway. just like he would have paid off this woman anyway, whether he was running for president or

not. >> -- the same as getting a touch up on your hair? >> it's p.r. and it's called a great analogy. >> i just want to get this in here as well per our program on capitol hill. fox has spoken with a senior aide and a source close to the house inquiry, they said that they received no heads up about the indictment. we're hearing about this, and digesting in real-time, is what he's reporting from capitol hill at this hour. let's bring in shannon bream. shannon, jump in here as we all learn of this news together. >> the president was asked about this a few weeks ago, will you get out of the race if you're indicted, he said absolutely not. he predicted it would probably help my numbers. as this has been brewing and we've been waiting on potential action by the manhattan d.a. we've seen him climb in the polls. our own polls show that, that he's added several points to his lead over the last few weeks. while we knew this was

percolating. a lot of folks would say -- now we'll wait to see what happens. i think jesse is right. nobody wants to be indicted, but i do think this president is very good, the former president, at making the best of whatever circumstances come his way, and i think he knows that if people see him in handcuffs being dragged around, it lends to his argument that the establishment is against him, deep state is against him, so, not a positive, but i think that he knows how to turn it into one as best possible. so now we'll wait to see what happens. adds you mentioned, we've got georgia, the foreperson in that grand jury talking about or predicting several indictments. we've got the ongoing federal investigations, two different probes within the justice department, so listen, there is nothing legally that stops a president or anyone who has been indicted from running for the white house, even if convicted. that's not going to stop him either. so i don't expect his campaign to slow down, in the least. if anything, i expect it would

rev up but we're all waiting to see documents to get more information. that may take a while. we'll figure out when the arraignment will be but for now, after what seems like a pause, after some interesting testimony from attorney robert costello who said there are emails you haven't seen to the grand jury, there is more to this story about michael cohen, and caution from the left and the right that michael cohen may not be the best witness to build this case around, they have moved forward so an indictment is one thing. a conviction is something totally different. we'll see. >> shannon, katy here, alvin bragg lowered 52% of all felony charges last year to misdemeanors. he's elevated this to a felony and there has been some question about precedent and the role that a local d.a. has about indicting a presidential candidate. can you talk about the new situation that we're in, and how we haven't been here before. >> yes. i mean, this makes history. we we've never indicted a former

president. it's never happened. there are a lot of things unique about this case and there are scholars, experienced lawyers, there are those who, you know, scholars that say, what actually is happening here is not going to be on strong legal footing. they are warning bragg whether they are to the left, right, or center, you're taking a chance. do you take this chance, get the indictment, you proceed, and if you don't get a conviction then president trump is again able to point to you used this really novel theory that even the left didn't think was going to work so this proves it was nothing but political. so there has been caution, and strong public growing opposition from legal experts and scholars on the left who say, the way he's trying to put together this case is very unlikely to succeed but you've got to convince a jury, made up of new yorkers, we'll see what they think. >> he's the first president in the united states history sitting or former, to face criminal charges, shannon.

we'll also, shannon, if you could stand by with us, trey gowdy is joining us as well, the host of "sunday night in america." jump in here to the news, and, what are your thoughts? >> well, it's a surprise, but quite candidly we're not supposed to know what grand juries are doing. ideally. this has been an exception. my position has not changed. i think it's the weakest of the four investigations. it's the wrong prosecutor which you alluded to. the wrong fact problem. statue of limitations issues. it's a misdemeanor put on suit and they want it to look like a felony, when our justice system becomes a political tool, then we're on thin ice as a republic and i think we're increasingly heading in that direction. >> trey, did democrats just do it a former president over sex? because we were told during the 1990s that it was just sex, and

it was just a private deal, and it had nothing to do with politics, nothing to do with policy. weren't we told that, and you have to understand, he says he didn't have sex with this woman. she had her hand out. saying, i'm not going to say anything unless you pay me. so either it's a consensual sexual encounter, or it's a shakedown. and democrats want to make that a felony? >> well, keep in mind, it can't be sex because alvin bragg, among the many crimes he said he was no longer going to prosecute, prostitution was on that list, so it can't be about sex. the falsification of a business record, which, look, i'm not in favor of. you shouldn't do it, it's a misdemeanor. the only reason it's a felony is if it's in furtherance of another crime and right now, because we haven't seen the indictment, we don't know what that other crime is. if it's a federal election law

violation, the u.s. attorney has already taken a pass on this case. so again, i'm not speaking for the other jurisdictions that have the former president under investigation. i've always thought special counsel was factually the one where he was in the most peril. i don't know why you wouldn't go with your strongest case, and i can tell you right now, jack smith probably is not happy about it either because prosecutors always go with your strongest factual case. this ain't that. >> trey, this is greg. >> greg: how are you doing? i miss you. anyway, everybody always says, nobody is above the law. no one is above the law. it's so trite but it feels like no one should be below the law either and it feels like trump has been made to be below the law. you don't have to meet any standards or criteria, is that fair to say? >> i think it is fair from this regard. remember, with the mullen

report, we don't do press conferences. actually, hillary clinton also, we don't do conferences on -- we don't release investigative reports if we're not going to do it someone. that's below the law. so there are plenty of examples on both sides of our justice system being weaponized, so i would think this would be something that we universally rejected but unfortunately, if it's done to our opponents, we like it, and if it's done to our friends, we don't. >> this is jessica. >> jessica: i'm curious what you think the impact of this is going to be on the current gop politics, and maybe even some independents and moderate democrats, in fact. >> well, i don't think it will have any impact or if it has an impact, it will be a positive impact within your traditional gop primary voters. the allegations themselves used to be troubling. maybe 20 years ago.

maybe 10 years ago. paying hush money to -- i don't like the phrase porn star but that's the phrase they use, so people already know the facts and they have already made up their minds about this. my suspicion is, even moderate democrats will say, look, if you're going to go after a former president and a current candidate, do it on something other than a misdemeanor that you put a suit on. >> thank you. >> thank you very much, trey gowdy for joining us. turlington is weighing in, bragg has reportedly secured indictment. he's made history but it's an inglorious moment where even some on the left have criticized the effort. this is a patently political prosecution, writes jonathan turley. a lot of reaction pouring in. the white house has been asked for comment. do you have a comment? we don't. i believe that was the direct question. so the white house is not weighing in at this moment.

but jesse, there will be reaction pouring in from everywhere, as this has just happened in this moment. >> i know the white house talked to bragg's office, of course they did. they will never confess what they talked about, but i don't like the looks of this thing. how is it even a misdemeanor? i never went to law school so i'm going to respectfully disagree with trey gowdy, and say, it's a bookkeeping issue. why? why? because if you settle a private civil matter with a woman, and you have your lawyer handle it, what column are you supposed to put the payment into? i don't know. i would put it under the legal column. the whole thing is b.s. and how is this going to stop any other partisan prosecutor from just indicting any politician? senate candidate, gubernatorial candidate, i mean, this thing

opens up a whole pandora's box here and i don't really think the left understands what they are getting themselves into. this country is already teetering. you have people that feel rightfully persecuted. just for being conservatives. you have people locked up under bogus charges. this was a very controversial election. this was a controversial president. pe people's speeches have been censored and bogus charges around. and this, that no other prosecutor is considering bringing, really lights a fire under this countryta we don't need it. >> this is ahead of an election. this was bragg, jessica, talking about indicting the former president before the election. listen in. >> a lot of people are

wondering, whoever has this job, are they going to convict donald trump? >> that is the number one issue. who has the experience with donald trump, i was the chief deputy in the attorney general's office. we sued the trump administration over a hundred times. >> and you believe it should happen? >> i believe we have to hold him accountable. >> he just put out a note saying this is trump derangement syndrome. it's infiltrated our judicial system. if they can come for him, they can come for anyone. >> people have been saying that a lot the last few weeks. they can come for you if you do the same thing that he did. >> no way. >> stop it, jessica. no one is going after some random dude that settles an extortion case with a woman. come on. it's because he's running for president. >> alvin bragg had backed down from that position because it wasn't even popular within the

ranks. >> he was waiting for timing to be right. and this was the timing. >> i guess that it was. but it doesn't feel that way. i'm actually struck by how heavy this feels. and there are very few moments, i am no fan of the former president and i'm not saying that he didn't commit a crime. but i am really struck by how powerful it feels right now that something that's going to be a hundred percent a note in every single history book, that's going to come after this, about what has gone on, and it has -- >> that's why bragg did it, light? he's such an incompetent boob. we've had parents call domestic terrorists, right? we've had imprisonment of nonviolent people on january 6. it's one party hunting another. the thing is what -- the risk is, they just made this guy bigger than politics. he's officially going to be a folk hero.

he's a political -- he's going to be a political prisoner, being prosecuted over politics and what they did and i don't know if they realized what they did, they proved him right. he said they were out to get him. he said, he's a proxy for the voters. they are out to get the voters, too, so i think what happened is they have just amplified his folk hero status. >> bret baier is joining us, anchor of "special report," ahead of your hour coming up. bret, i just mentioned jonathan turley, his response to all of this and he also put out -- they have fulfilled the pledge but if the indictment follows the course described in coverage it's deeply flawed theory. we'll have to wait to see the indictment, and that really is the moment we're waiting for now, is for them to unseal that indictment and learn exactly what's in it. >> it's important to take a step back. this is a wow moment. this is something that is unprecedented, as you have been talking about but it's also

something that people had got to the point where perhaps he wasn't going to go down this road. perhaps the grand jury was going to take a pause and after the testimony, move back away from this and that was some of the internal reporting but now we're getting confirmation from different sources that this indictment, while under seal, is coming. and coming in days, maybe even tomorrow. this is a big, big moment, and you've been talking about the political implications but it's also important to remember what didn't happen with this charge originally. the prosecutor's from the southern district of new york decided to let go and not go down this road originally. the federal election commission decided they did not want to go down this road on this investigation, and they gave up. and alvin bragg himself, as d.a., when he took over decided to suspends indefinitely the investigation into trump and then picked it up later. to do it again. so the history was not something that i think, even the diehard

democrats who want to see the former president charged with something, didn't think this was the best case that they had, but we are where we are and this is unprecedented territory. >> katy >> bret, you managersed the political implications of this and you go through the list of prosecutors on the federal level who decided not to bring these charges. just generally speaking, at a time when the country is in a place of distrust of institutions, the political lines have been drawn, it's a very intense political environment, how do you see this moving forward with the discourse? >> it's not a good placement it further divides the country. whether you like the former president or don't, you like his politics or don't, i think there is a fairness element that starts to factor in about whether he's being targeted here, and that will be something that his campaign, and i'm sure he will weigh in. i would like to put in the call

right now, if the former president would like to phone in, we would love to have his reaction to this news tonight, but i think this is going to be a major moment politically. i don't think it's great thing for a candidate ever to be indicted over anything. but he will use this as more of what he's been saying, that the left and specifically what he calls the deep state, is coming after him. alvin bragg has made it public that he has wanted to do this from the beginning. >> thank you. >> greg? >> greg: it's not just what trump is saying. it's what's happening, right? i mean, it validates what he's been saying all along. and i think, again this is almost like 2016, where he just commands all the free media, you know what i mean? everybody laughed about it.

like morning joe and cnn thought they were just going, you know, amplify him so he'll lose, and it didn't turn out that way. >> just amazing to watch, after a special counsel investigation, two impeachments, the department of justice passed on these charges before, but it's like, these leftist prosecutors are in competition with each other about who can get trump and now it's alvin bragg's turn and we'll see if it turns out the way he wants it to. >> we have a new statement. this one coming in from adam schiff. the congressman has just put out a statement saying, the indictment of former president donald j. trump over his alleged participation in campaign fraud and hush money scheme that already sent his former attorney michael cohen to jail is a sobering and unprecedented development but if justice demanded that cohen go to jail for a scheme directed by someone, it also requires that he must answer for his offenses against the law and that person

is donald trump. also just a little bit of color, as you can see the live shot of the manhattan d.a.'s office, we have a reporter on the scene who is describing helicopters already hovering overhead. several court officers are outside lining up. there is some tension building there. they say bragg is still in the office as his car is still parked somewhere around there. so far, none of the trump lawyers have specifically weighed into fox on this case at the moment. jesse, jessica, do you want to jump in there? >> cloak adam schiff ha-- i don care what adam schiff has to say. alvin bragg tried to charge a bodega owner with attempted murder for defending himself. a guy broke into his shop, luckily, he had a knife and he ended up defending heat advisory. bragg wanted to throw that man

in prison. bragg lets felons go rape women in this city. it is a disgusting scene at the d.a.'s office, and that man better show up to the cameras and start answering questions because what judge he made here. and i hope house republicans haul his little butt back to capitol hill and he answers questions to the american people about what he's doing here. this cannot stand. i actually agree with jessica. this doesn't feel right. something feels terrible. >> you know, gop candidate -- just weighed in saying very similarly it will undermine public trust in our electoral and justice system. he says it's unamerican for the ruling party to use police power to arrest, and i can't read the rest. >> if you thought the system was

rigged already -- >> to jesse's point, not the one where he said he agreed with me, alvin bragg and his office, someone needs to be very clear about how this got upgraded what the exact process was, what the timing of all of this was. >> i've got to jump out. thank you very much for joining us on breaking news. it's time for special report and continuing coverage right here on the fox news channel. former president trump has been indicted. >> bret: thank you. good evening. welcome to "special report." i'm bret baier. breaking tonight, history. fox news has learned from two law enforcement sources that a grand jury in new york city has indicted former president donald trump, this is the first former president to face criminal charges. the precise charges not currently known. the case is focused on a hush money payment to a porn actress during his 2016 campaign. this is a moment that will shake up the 202