hum, hum, hum, guys that is over. it's a different game. reset your watches, it is not 2005. this is an assault on our country. >> thank you both, wonderful to see you. jam-packed show tonight, set your dvr, it is america now and forward. gutfield is next. >> todd: a fox news alert, former president trump could surrender to new york authorities as early as this tuesday as grand jury issues an indictment in alvin bragg's hush money case. busy friday morning, i'm todd piro. >> ashley: i'm ashley strohmier in for carley shimkus. at the center of national debate about bias in the doj with critics accusing alvin bragg of doing the democrat's bidding. >> todd: editorial board

writing, alvin bragg is trying to turn this into a federal felony, the stormy daniels case is to convince that it is biassed and politicized. >> ashley: we start with brooke singman, here to walk us through the next steps in the case. >> brooke: a manhattan grand jury has indicted former president donald trump. he could surrender by tuesday. investigating trump for hush money payments made. one was to stormy daniels and one to former model karen mcdougle. we contacted mr. trump to coordinate arraignment on supreme court indictment, which remains under seal. guidance will be provided when

selected. the former president says this is political persecution and election interference at the highest level in history. manhattan da alvin bragg is a disgrace, doing joe biden's dirty work and america realizes what democrats are doing here. people in florida are rallying around the former president protesting in front of his home at mar-a-lago as ron desantis says he will not assist alvin bragg in this case. florida will not participate in the extradition case with this soros-backed manhattan prosecutor and his political agenda. trump's former attorney michael cohen says it has been a long time coming. >> donald is not a person who likes to accept accountability, it is on somebody else. he is the one going tuesday to

get fingerprintd and mug shotted. >> brooke: trump's attorney says the former president is taking the fall for something he didn't do. >> he will be charged with something he didn't do, it will be books and record charge and knows alvin bragg, the soros-backed da, i assum try to misdemeanors that a normal misde misdemeanor. trump speaking out on the indictment saying it is targeted attack on his father and the entire trump family. >> they will do anything to get him out of the race, to imprison the man, to harass his family, to imprison us. they have shown their cards. this is how they treat us every single day. >> ashley: pointing out

discrepancies about how they are treated, tweeting "where's hunter," and todd and ashley. >> ashley: thank you. alexandria hoff live in washington request fallout from capitol hill. what do you have for us? >> alexandria: sources close to the house into da alvin bragg says there was no heads up about the indictment, outrageous is what house judiciary committee chairman jim jordan tweeted as soon as the news dropped. jordan is among three investigating the da's -- former strong reaction from republicans continues to pour in. >> this is gross abuse of power, this is not a surprise to anybody, especially on the republican side. we've seen democrats politicize

every institution. we can no longer have moral authority against dictators and d des operates in free and fair elections. >> this is about power, raw power, the message, they will use any power to interfere in the next presidential election. >> house speaker kevin mccarthy wrote the american people will not tolerate and will hold alvin bragg and his unprecedented abuse of power. some are celebrating and others are highlighting the legal challenge alvin bragg faces in this case. chuck schumer says there should be no outside intimidation or interference in this case. >> todd: thank you. law expert jonathan turley says it is risky for alvin bragg, considering how many agencies have thrown it out.

listen. >> jonathan: the department of justice did not bring this case for good reason, they were down that road and lost in the edwards case. alvin bragg's predecessor declined and bragg himself threw a flag on the case. then his two prosecutors resigned and one did something that i think is deeply unprofessional. he wrote a book about a person who wasn't even charged, let alone convicted, who is still under investigation and you have a public campaign to force alvin bragg to indict him. i thought it was an unprofessional thing to do. >> todd: bring in alex swaryer for the washington times. you heard jonathan turley right there. this case should be a deadend. walk us through the way alvin bragg's case falls apart when he's pressed to answer the legal

and factual issues presented. >> yeah, i think first and foremost it is important to remind everyone when you present to a grand jury it is alvin bragg and the prosecutorial team. there is no defense attorney, trump's attorney is not present, they are only hearing one side of the case. there is a saying you can indict a ham sandwich. when talking about the what is reported to be campaign finance potential violation charges that could be brought forward. two areas i believe could present problems for alvin bragg. one is jurisdiction. with something related to hush money payment in regard to campaign and campaign finance violation, that is something the da handle, not a local elected district attorney. statute of limitations can block any potential charges if time

has lapsed. typically something related to campaign finance charge, it would have been five years, that would have expired in 2021. >> todd: if this campaign donation had any, any possible other purpose like not wanting to have marital strife and the like, the entire campaign charge fails and that is the big issue alvin bragg is facing. ash. >> ashley: you made a great point there, i don't think a lot of people know or understand, it is the prosecutor alvin bragg, presenting to the grand jury. so what could happen or what do you foresee happening once trump's lawyers get involved? >> first of all, i think there is the legal aspect and political. this is a fundraising issue. the trump campaign, republicans fundraising off of it. i believe next tuesday, you will see a lot of coverage, the decision if he will be in

handcuff, that image is something that rallies trump supporters and unites the republican party. it was just a few days ago, there was a poll that said 62% of voters saw bragg's investigation motivated by politics and not in the law. again, on todd's point about there has to be the intent or purpose of a payment being connected to a campaign. not only avoiding marital issues and wanting to keep it quiet could be reason for the payment, you could point to what celebrities do, nuisance settlements, they pay off someone to go away. if trump has shown he has done that in the past, this shows there could be other reasons for the payments having been made aside from presidential campaign. >> todd: there will be a motion

to dismiss from trump's team, what is the chance that succeeds in the light of the chance the legal basis is tenuous and you have had people on both sides of the aisle say there is no case here. >> in motion to dismiss, they will bring up jurisdiction, statute of limitation. the question is, how will the judge react? it does matter what judge takes such a political case like this. is it a liberal judge? is it a conservative judge? you are in new york, likely it will be a liberal judge and it will depend what they do. there is the appeal process. should it be dismissed on the law if campaign finance law? i believe it should. we will wait and see. we assume this is connected to campaign finance violation, we will see what comes out on tuesday. >> ashley: and wait until that is all unsealed for the

information to come out. what kind of precedence does this set for the future? this is concerning for them. >> you are right, we are talking about a former president and this being unprecedented, but the leading candidate for the 2024 nomination, according to polls. talk about election interference, there is that looming large, especially over washington and you will see a lot of republicans, you mention house republicans that are wanting to probe alvin bragg's investigation and his charges and i don't see that going away. this is something not only part of trump's campaign, but also his allies and the republican party. andy biggs is a congressman who has e-mails out, alerting people and fundraising off the biggest

political moment in history next week. >> todd: the rule of law, the reason we live in the country we do, we all understand or understood that the rule of law would be applied regardless of any other factors. it is law, factses, application and meated out based on that with all other extra judicial factors excluded that obviously is not what is happening here. alex, how dark a day is this for the rule of law in our country. >> i think it is unfortunate for the rule of law, i mentioned looking at the judge and whether a judge is appointed by a democrat, is the judge conservative or liberal? i covered high-profile political cases, look at who the judge is and how they will rule based on politics and not necessarily the law and that is based on a

course of years. as voters get frustrated with politics, they are becoming disheartened by the legal aspect of it all, seeing this investigation after investigation of former president trump i think has the republican party that argument there is weaponization of government, it is leading, yes, there is truth to this. >> ashley: imagine immigrants who fled this third-world type situation and they come here and say, wait a second, this is not why i came to the greatest nation in the world. this pelosi tweet was super odd, former speaker nancy pelosi tweeted, no one is above the law and everyone has a right to trial to prove innocence. the statement has one problem, in the united states, you are innocent until proven guilty in a court of law, what was she trying to get at there, this is

not how the judicial system works? >> what is interesting, statement after statement from basically a talking point from democratic lawmakers, they keep saying end of the statement, it is important to remember an individual is innocent until proven guilty. i'm not sure how that works in something so high-profile where there is court of public opinion and you had representatives like nancy pelosi parade donald trump's name through -- everyday when she has talking points, two imp impeachment trials she ran, that is problematic and paintses perception of the former president and a jury pool in new york, you will not have a number of republican voters to choose from. >> todd: getting back to the crux of the case, what we believe to be the case. unite bragg's theory, he could

take any misdemeanor and convert to a felony. in light of the entire new york state system and third circuit here going to be very liberal, how would that theory fly on appeal? in my estimation, in my experience, that is not common thing turning any misdemeanor into a felony. >> no, you are right, it is not. that is one thing many legal experts point to and say i'm not sure how this type of argument is going to work in alvin bragg's favor. you mention previously jonathan turley said his predecessor didn't bring any charges like this, we know the justice department didn't. on appeal, if this is campaign finance violation, it goes in trump's favor in the doj. >> ashley: i want to talk about the moderates and the true democrats, not talking

progressive, talking progressives and true democrats. i don't think the trump solid base will care one way or the other what happens because they have come after him so many different times and it is one of those things you keep seeing over and over and over and get numb to it. how do you think moderates and true democrats will react to this? >> that is one reason i mentioned that poll out earlier this week, it talked about the republican base and 75% of republicans said they don't think criminal charges should disqualify the former president from running again. it was, though, if you look at independents, republicans, slight majority said they did think it would disqualify him. in terms of playing out, we'll have to wait and see how serious are the charges. is it something people look at, again, 6-10 of the poll said they thought this was motivated by politics and not the law.

we'll see how next week goes, what the actual charges are. we talked about turning misdemeanor into a felony. i'm not licensed in new york and i can't speak to their laws, there is falsifying business records, a state charge. it is my understanding there can be range from misdemeanor to felony and could go anywhere based on the degree from fines to under a year in jail and of course with felonies that would be more than a year and i think that was up to four years. we'll have to wait and see what degree is brought and if the public thinks there is any substance there. >> todd: two-year statute of limitations and alvin bragg himself declined to bring this case. it wasn't the feds, it wasn't vance, it was alvin bragg himself, is there puppet master thing going on between the feds who do not want to get dirty,

realize they failed to bring donald trump to justice many times before and are saying, okay, alvin bragg, you got the money from soros, here is your chance to try to bring down donald trump. we will see. we could keep you on for two hours, we have to move to other things, we appreciate your time and insight this, mo. thank you. >> ashley: thank you. what do america's adversaries like russia and china think as they watch turmoil over trump's indictment. we'll ask rebekah about that. >> todd: and ron kim, house judiciary committee, doug collins, both here to talk about the trump indictment, both here.

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>> todd: former president trump indicted by a legal grand jury. will this embolden china and russia? >> ashley: rebekah joins us live. what is putin thinking as he watches this debacle unfold with

the indictment of president trump? >> rebeccah: putin is elated and democrats are using putin's play book to prevent former president trump from running for presidency in 2024. as an immigrant from the soviet russia, who fled communism, i don't recognize our country. it is frightening this is what was happening in the soviet union. these are kgb tactics, our adversaries know instead of paying attention to external threats, we are basically paying attention to in fighting and destabilizing our own country by soviet tactics. >> todd: key point, this goes beyond running and the view on the world stage as to what this

means. this goes to what is access, russia, china, iran, north korea, what are they seeing and in their eyes embolden and make them feel validated in their lack of a democratic rule of law in their nations. >> rebeccah: exactly. what we should be projected is our country remains the country of freedom, freedom of the press, freedom of religion, we uphold the law and are telegraphing to dictators that we are no longer the country, we're the political opponents of free to run against the incumbent. this is what putin does to his opponents. >> ashley: switching gears now, russian court arresting reporter evan gershkovich and ordering him to remain in custody until may 29th on accusations of

spying. unpack this statement from the kremlin officials who say gershkovich was acting on instructions from the american side to collect information about the activities of one enterprise of the russian military industrial complex that constitutes a state secret. what do you make of that comment? >> rebeccah: well, first, it is likely a lie, right? the united states does not use journalistic cover to do espionage and intelligence work. why? because if we did, that would jeopardize the lives of every american journalist across the globe. so the russians building case and designated this case as top secret, so they could exchange evan gershkovich for another person who is detained in

germany, like jim, former fsb general and assassin. what doesn't make sense to me, ashley, is why karine jean-pierre threw evan gershkovich under the bus by not answering the question unequivocally he was not working for the u.s. government, that i don't understand. >> todd: did the biden administration incentivize this from the brittney griner situation? >> rebeccah: absolutely, this is classic putin's play book, using hostage diplomacy, they perfected it. why? we have trained them specifically, the biden administration's administration by exchanging high value assets like the merchant of death. you just mentioned four people that are ordinary americans like

brittney griner, right? that is why they keep doing it. it is very hard for us to deal with the situation, todd, because we value every life and for us, to unteach russians, we need to have one suffer for the team, right? every life is valuable for us for americans and that is why it is very, very difficult to resolve this conundrum. >> todd: an american journalist has not been detained since the cold war, we crossed rubicons. switching gears, protesters storm the nashville capitol after the national security school shooting.

[screaming] >> ashley: we'll have a live report on that next.

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>> todd: if you are just joining this morning, former president trump could turn himself in by next tuesday after being indicted by manhattan da alvin bragg, the first president to be indicted for -- payments leading up to the 2016 election. >> ashley: people are rallying around the president. -- will not assist in extradition given the special circumstances at issue with this prosecutor and his ajanuarieda. nypd expected to deploy officers

following trump's pending arrest. >> todd: legal experts say the case is bound to backfire on da alvin bragg. watch. >> this is a bizarre, convoluted legal theory that alvin bragg has dreamed up. taking a misdemeanor and super charging it into a felony, the law doesn't support that and i would predict his co-counsel will file a motion to dismiss because the law doesn't support the charge and the alleged facts don't support a crime recognized by the law. beyond the statute of limitations which expired two years ago, you have other ser obstacles. would have to prove that trump falsified records and that trump understood these complex

campaign finance laws that nobody can comprehend and intended to violate those laws. >> when you're a democratic elected prosecutor who ran on the pledge of getting trump and you are going to indict, forget the former president, the man who may become the future president if he beats the incumbent, the his of your political party, you better have the strongest case dependable, not a case that depends on stitching together two statutes and using michael cohen. >> todd: dershowitz raising important issue, people can go after his law license, you are not following the law and facts you need to, when you are in the position of being da, to

potentially go after people and put them in jail, that is a high responsibility that you have. if you don't follow that to the letter of the law, like it does appear mr. alvin bragg is not, your law license will be on the line. >> ashley: people don't know how this works, they just see the headlines and think trump has been indicted for xyz, and they don't dig into it. our guest at the top of the show, she's a legal analyst, she said prosecutors and bragg are presenting. once trump's lawyers get involved and the statute of limitation, so much can happen or not happen and we will wait to see and try not to speculate, but the law is the law and hopefully that prevails in this

situation, we'll see. ron kim and former congressman doug collins will react to the trump indictment, stick around for that. >> todd: interesting to see what ron kim has to say being democrat from the blue state of new york. there is this. today celebration of life is being held to honor the life of nine-year-old nashville shooting victim evelyn dieckhaus. the young girl on the screen being hailed a hero for trying to pull the fire alarm during the shooting attack. the police are releasing the tragic 911 call from that day. >> i'm hearing more shots, we're upstairs in the hallway. >> you're upstairs by what hallway? >> art room. yes, please hurry. >> todd: man, audrey hale took the lives of three nine year

olds and three adults. >> ashley: hundreds storming the capitol building yesterday calling for more gun control. >> todd: jackie ibanez joins us now. >> demonstrators battling with law enforcement as they attempted to breach the building. [yelling] >> protesters demanding assault weapon ban following a transgender attacker shooting up a christian school. audrey hale took the lives of three adults and three students at the covenant school. an event has been called off -- planning a protest in the wake of the tragedy. our rights dc telling supporters

to stand down. this action will not take place due to credible threat of life and safety. safety of our trans community is. the nonprofit is declining claims the now scheduled protest was a planned uprising. we also reject any connection between the horrific event and ours. vengeance means fighting back, we are fighting against false narrative and eradication of our existence. back to you. >> todd: thank you very much ron desantis's war with disney hits a wall as the company quietly dodges the governor's oversight board in a newly uncovered deal, transferred control of reedy creek back to disney for three

decades. the royal clause states, this declaration shall continue in effect until 21 years after the death of the last survivor of the descendents of king charles iii. the leader of the school board programs and florida tourism oversight committee board member. i do not want to get into the rule of perpetuity, i didn't get it in law school, i will not explain it on national tv. can you explain in layman terms what disney did here? >> they dismissed oversight and accountability that voters had voted in support of governor ron desantis and our legislature and dismissed oversight, which is what our board was intended to do. we value tourism as huge part of our thriving aspect of florida and we don't believe one corporation like disney should

have special privileges and just like they dismissed parents and rights to see what is happening with children, they dismissed the governor and in the dark of night tried to transfer the power back to themselves for three decades. >> todd: regulating disney is at issue here, you can't have a sovereign entity within florida. you said disney overplayed its claim. what do you mean by that claim? >> we will work within the new confines of law was a public statement and the board goes forward and transfers some of the most egregious land development language i've seen and we have a board of experts. it is intended to be a public snub. the end of the day, the public wants oversight, no corporation should have special privileges, disney has been afforded that

for a long time since 1967, this is time we will provide oversight and instead they overplayed their hand and we intend to fight back. our attorneys are reviewing that. it is important to note, governor desantis stood up against a large corporation, unelected corporate executives from burbank trying to push around and invoke themselves in a public spat when it came down to parental rights that was overwhelmingly supported in florida and found ourselves in this debate right now. >> todd: why should disney get a tax break whether other amusement parks don't. why should disney have their own laws within a sovereign entity and why does disney get to bypass the will of the florida voter when it comes to the law ron desantis put out there. a lot of questions, thank you,

keep us posted on the fight. covering breaking news on the trump indictment and want to bring you this. michigan delivery driver fixes a tangled american flag before giving it a salute. >> ashley: that patriotic driver and the couple who own the flag are here to tell us why they are proud to be americans. ♪ ♪

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>> ashley: take a look at this inspiring video that shows a delivery driver in michigan noticing a homeowner's american flag is twisted in the wind and he stops what he's doing to untwist the flag and gives a salute. that single act of patriotism flies in the face of a poll showing americans are less patriotic. the delivery man and the homeowners who took the video all three join me now. thank you for getting up with me this morning, guys.

so i want to start with you first, what made you stop? not only fix the flag, what made you stop and salute it? >> what made me stop and salute it? just me being me, being myself, having love and pride for the country. that was pretty much it. i have done it before, i will continue to do it. why i do it? me being me. >> ashley: i like it. it was so nice to see this and refreshing, especially following that poll i was talking about leading into this, talking about how patriotism is not very strong in america right now. jenny and tom, i want to go to you now, what did you think when you saw him do what he did when he fixed the flag? how did that make you feel? >> i was out running errands and i was coming back and i saw the

amazon truck in front of the driveway, i kind of waited back and when i watched delawrence walk up to the house, i saw him dodge the flag a little bit and when he came back, when i saw what he was doing, i kind of looked at it and got choked up. he took the time to honor the flag, honor the country and he appreciated what we appreciate and that is -- >> ashley: tom, you saw it on blink cam or one of those, did you send it to your wife and tell her to look at it? >> i think i saw what i saw, i'm unsure. we played it back and that is when i looked at my wife and she teared up and it was just pretty amazing. at that time, we knew we had to share what our amazon driver was doing and let them be acknowledged for what he did.

>> ashley: delawrence, how did they get in touch with you? how did they find out it was you? >> jenny contacted me through facebook and asked if i can get your personal information so that way i would be able to share it with anybody that wanted to talk to you about it, i gave my personal information and here we are. >> ashley: is this the first time you are meeting -- >> oh, it is? >> very first time and very first time i had delivered a package to this house. i'm not normally on this route delivering in this area, i picked up this route from another driver and came out and delivered the packages and seen old glory twisted up, decided to straighten out, render the salute and here we are. >> ashley: i love it, jenny, when you think of patriotism, he pause and even touches it, such

respect for our flag and america. how does that make you feel to see that and know such a good-hearted man is making your deliveries? >> well, it brings tears to my eyes and touches my heart. we've got, between tom and i, like 11 people that have served between our parents and our brothers, our nieces and nephews and we know, we can feel it in the country that patriotism is down. it was just a little thing he did, but it was huge. if we can all do little things like this, like delawrence said, it would make a difference. >> ashley: i tell you what, it was a small act, but it speaks volumes to the type of person that delawrence is, i love to see the patriotism today, everyday, especially coming off this poll. hope a lot of people get to see

that video, that is awesome. i really looked forward to talking to you guys and i'm so glad you are meeting for the first time. enjoy the conversation, thank you for your time. of course. >> todd: that is america right there. so is this. opening day in the books and yankee slugger aaron judge hitting one out of the park in his first at-bat of the season. cue the captain. >> that is driven to center field and deep and back and still back. on the track, at the wall, see ya. he picks up where he left off, home run for judge. >> todd: someone on the set may have jumped up with a baby in his arms, could have been me. beating the bomber in the bronx and shohei ohtani had a trick up his sleeve, wearing a pitch device to call his own pitches, he struck out 10 against the a's.

it seemed to work except l.a. falls to oakland. cardinals send out adam wainwright belting out the star-spangled banner. ♪ o'er the land of the free and the home of the brave. ♪ >> todd: good for wainy, final season in the majors with that rendition like i'm done. rough start for the royals, minnesota keeping the squad off the scoreboard, twins win 2-0. yankees won. >> ashley: i didn't see yankees players belting the national anthem like the cardinals. >> todd: they are winning the game, which is more important, although i love the anthem. >> ashley: former president

trump is likely to turn himself in by this coming tuesday after being indicted by a manhattan grand jury. >> todd: we will walk you through the next steps in alvin bragg's case and tell you what kevin mccarthy has to say to the manhattan da. don't go anywhere. ♪ so you can rise from pain like a pro. icy hot pro. this tax season, be more efficient with the all-new epson rapid receipt smart organizer. it's the easy way to scan, digitize, and organize your tax documents, receipts, and other paperwork. receipts go in, and stress goes away. when tax time rolls

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