>> harris: we are witnessing an unprecedented moment in our nations history. a little more than two hours from now, donald trump will appear in a new york city courtroom and become the first former american president ever to face criminal charges. this is "outnumbered." i am harris faulkner here with my cohost emily compagno i'm mcenany. also joining us "the federalist" editor in chief, mollie hemingway. former assistant u.s. attorney andy mccarthy. former president trump is getting ready to leave his penthouse at trump tower and make his way to lower manhattan

to the courthouse. he is being closely guarded by the secret service. this is a pretty fluid situation, but here's what we know so far. former president expected to get fingerprinted once he's inside the courthouse. it remains unclear if you will have a mug shot taken. they have been going back-and-forth on that today. we do understand he will not be handcuffed. remember, i told you on tucker couple nights ago that no, the secret service would decide the tone of all of this. the tone would include whether to handcuff him which is a completely different visual for the nation to see or not. he will not be handcuffed. he will then be escorted to the 15th floor of the main courthouse where the hearing will take place. it's expected to last less than 30 minutes. video cameras have been banned from the courtroom today but there will be some still photographs taken. during the arraignment, the indictment will be unsealed, and those charges will finally be revealed, although andy mccarthy and i were

talking about the grand jury leak. we know some of what's in it. fox news has been told by multiple sources in fact that trump faces more than 30 charges, at least one of which is a felony. trump is expected to plead not guilty to all counts. later tonight, the former president plans to return home to florida to make remarks from his mar-a-lago estate. however, the judge could potentially impose a gag order. there's so much side hustle in this case. there's so many other things that are going on that don't have anything to do -- why would you muzzle somebody running for president? you have to make it so specific. with the judge do that? >> andy: the biggest hustlers regarding it as a criminal case as if it were actually illegal criminal justice system. we are looking at this entirely wrong. they want you to look at it this way. this is the bolshevik left which has capture the criminal justice

system in new york. they don't really care if they convict trump ultimately. the point here is to make the process the penalty. the point is to make this financially prohibitive, emotionally humiliating, politically humiliating, exhausting, and to use the process is a punitive measure not only against trump but to convey the signal to people who support trump and to republicans, frankly generally, and anyone who opposes the progressive left, that this is what you -- we can do to you if you become our adversary. and they would love to convict him. but what they really want to do is drag him through this process. can they try to gag him? with that be totally legal? they don't care what's totally legal. >> harris: so they would try to do it anyway. >> andy: traditionally a judge can gag the lawyers in a case because for the privilege of

being in the bar and practicing in the court, you have to follow the rules of the court and you're not supposed to taint the jury pool. but trump isn't a volunteer. those of us who are lawyers who work in the bar, we agree to these rules so we can practice law. he is being dragged into this process. >> harris: i don't know how you slap a man who's running for president again with a gag order. again, it would have to have very specific things in it. with the new tolerate a grand jury leak. like, that seems, like, nonfiction. it should be so cut and dry. it should be the facts. you don't tolerate one. you either do or don't do the other. >> andy: the grand jury leak in the greater scheme of things, i remember when i was prosecuting terrorists, we have people who, like, had mass murdered americans in the judge and put a gag order in a nonleague order on the discovery. so you're telling people,

multiple murder americans, don't you dare distribute the discovery. don't you dare talk to the me media. >> harris: hopefully the grand jury isn't filled with terrorists. >> andy: no, no, the point is the leaking of the grand jury on the list of outrages that has happened here, you can't even -- that doesn't even make the cut. this whole thing is about being a persecution, so that's just -- will he gag him? sure. we'll trump pay any attention to the gag order? probably no. he will say i dare you to put me in prison. >> harris: kayleigh, i saw you nodding i could verbally hear you agreeing with andy when he got to the point where it's not whether he's guilty or not. it's the process. >> kayleigh: it's a process. that's the punishment for him here. you know he won't be gagged? alvin bragg. you know who won't be gagged, the mainstream media, liberal media. all sorts of things about the former president. you can turn to an alternate mainstream network with very low

ratings and what you will find as their senior legal analyst calling today the super bowl. how sad is that? repeatedly that network has called it a moment donald trump has tried to avoid his entire life, as if he's been guilty his entire life and is just not being caught, what happened to the presumption of innocence? in the media we use the word alleged because we have that presumption embedded in the conversation. if i may address alvin bragg. you can dig into his campaign website. it's on the archived web so you can go into the archives of the web and find what he said when he was campaigning. here's what he said. bragg. "this is why i will not prosecute most offenses to the traditional court system with important but limited exceptions i will either dismiss these charges are vital for the cues on opportunity complete a program." former president wasn't given that opportunity. i guess trump is the limited exception to your petty crime rules. he has several other iterations of that same thing you ask yourself, why are not following what he said on the campaign

trail about dropping patty pace's. again, look at his campaign twitter website. a man who wants to personally investigate trump, celebrating i'm the only candidate for manhattan d.a. who is ever sued donald trump and several iterations of that. as jonathan turley said, donald trump is alvin bragg's manifest destiny. >> harris: he looked at this case and realized he couldn't win. he said i'm dropping. we are not going forward until i can find a case we can win lack of people quit underneath them. they actually thought he was going to capture trump. his own office, they were supporting him because they thought he would. he waited. did you get a better case? or do they just change the rules to make this one have a longer statute of limitations? like, did he play fair with us? >> emily: by all indications absolutely no. it seems he's not played constitutionally or legally. certainly not with actual justice in mind. i appreciate your point. it's difficult to try to apply a

lens of rationalism or rational thought to what is frankly a circus. we are watching an old and a roman colosseum gladiator, men surrounding a beast. there is no joy in this. there is nothing serious about this. and there is no justice anywhere near this. you're right, kayleigh. in january of 2022, d.a. bragg assumed office, he sent out a memo and he talked about exactly what he would do to change the system. he said new yorkers deserve to be safe from crime. that's why, he said, we will not be seeking to destroy lives through unnecessary incarceration. he said these policies not only will make us safer, he said emphasis on but they will free up prosecutorial resources to focus on violent crime. is that what this is? last time i checked, in combination, talking about the reduction from felonies to

misdemeanors, including, remember, this district attorney no longer prosecutes robberies. if a weapon it is brandished, if a gun is shown. but no intent of risk of genuine physical harm, that's reduced to a misdemeanor. contrast that with this, which is from what we understand falsification of business records is a misdemeanor that he is elevating to a felony. you can show a gun to a frightened store owner and that's a misdemeanor. while you are robbing them blind. and yet this is somehow a felony. a final point, the community policy situation, if you have a misdemeanor, there's a policy that if you get the desk appearance ticket you have the option of going through a community program. if you do, you never even have to plead to anything. it's a misdemeanor. you never go to court. why is that applied there? why is that his form of justice we are seeing and hearing anything about? >> harris: is the criminal record expunged?

>> emily: you probably will still have a record but the prosecutor will decline to prosecute the case upon completion of programming. >> harris: how convenient. so if you're criminal, you ought to move here. you can really rock 'n' roll. >> kayleigh: unless your last name is trump. >> harris: this is just happening. urgent: trump wants to speak to the media in the courthouse. former president donald trump is expressed interest in speaking to the media in the hallway outside the courtroom either on his way in court or out or both. according to a federal official familiar with information. the secret service has received this official said it would likely just be a comment in passing, not a full-blown gi giggle. full-blown gaggle. >> mollie: seems like present troubles always been very good speaking directly to the media. the media do a good job covering up what he has to say so he understands if he can speak

directly, that's his best argument because he can speak directly to the american people that way. it really is a travesty, the whole thing that matters here's whether you're with the regime or against the regime. the reason why people in new york who commit all these violent -- who commit crimes, you can bring it from a felony to a misdemeanor. it seems to be in alvin bragg's political interest to do this. donald trump is on the other side so it doesn't matter. this is very evocative of stalinist regimes where you find the person and then you cut, you determine who the person is you want to put in prison and then you concoct some kind of crime. it's what we've been going through for six years. the specifics don't really matter. except insofar as we see how weak this case is. this is a day that they have long hoped for. >> harris: trump wants to speak to the media just in the hallway outside the courtroom. perhaps before, after, or both of those times.

we know that the secret service is handling him. we know we will not be seeing him in handcuffs. but he might have a microphone. >> kayleigh: let's hope so. >> harris: and as you said comey he can control his own message that way. he doesn't have to worry about being neck related. being manipulated. coming up, an american journalist detained in russia. we are praying mightily for him. an alarming new report suggesting china may have just learned sensitive information about our top military sites. how america's enemies are testing president biden on the world stage, next. till on track to reach my goals? the plan we created can withstand uncertainty. lately everybody has opinions about the economy, but i count on personal financial advice. my ameriprise advisor understands the markets and me. she knows my goals and can help me reach them with confidence. the markets may fluctuate but you're still on track.

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>> kayleigh: president biden drying criticism for weak leadership that appears to have

emboldened dictators like russian president latimer pollutant and china's president xi. we learned that china's spy balloon not only brazenly flew into america's airspace but reportedly gathered intelligence from sensitive military sites and russia has detained "wall street journal" reporter evan gershkovich on espionage charges and there are concerns that russia and china seem to be teaming up to create a new world order, icing out the united states. mollie, such a troubling precedent when you allow an intelligence gathering operation that we now know gathered intelligence to fly across the continental united states but president biden said it was not a major breach. >> mollie: one of the big problems with what the biden administration has said as they have been all over the place. they claimed different things depending on what the media reaction was of the time, trying to downplay the concerns. people have legitimate reason to be worried about china. it's not just about this balloon but our entire posture toward china.

and how we have so many people in power who are in cahoots with communist china businesses. make a lot of money through communist china. it's interesting, the previous administration we had peace breaking out all over the world, peace agreements, no new wars, ending of wars, a strong economy, pivoted to china and then we were told that adults would be in charge and they would take care of things. we have world war iii on the brink of breaking up because we have no strategy for how her managing this war between russia and ukraine. we are fully involved, all the problems with china and a bunch of hot spots throughout the world. >> kayleigh: it's true. harris, cnn reported "u.s. officials say they were able to block the balloon from gathering intel." the white house won't confirm the report but nbc saying that they did figure eights above some of the military bases. >> harris: they wanted to make sure they were getting all the information. command-and-control situation now where back in china, who do you think was direct to the figure eights?

i believe a lot in technology but i think they are probably controlling that. we didn't get a good look at that. make it go backwards, make it go forwards. there was also a suicide function of the balloon where it could have blown itself up. again, at the command-and-control of the chinese communist party. what if they had chosen to blow it up? the fact that it didn't blow up, was in a malfunction? nbc news kind of dug into this and when i find really fascinating is we sit and wait to see if china is going to blow something up over our era. we don't communicate to our people. and then it was a citizen reporter in montana who looked up at the sky and first alerted us to this and then we sat for a whole other week, a whole either week. january 28. february 4, we blow it up when we get -- when it gets to the carolina coast. they could have blown it up apparently anytime they wanted to. why do we trust these people? what is it about them? they have got us by the nose. they really do. and then we did the same thing with russia and ukraine.

first, china said no, no, i'm going to be the peacemaker. they did the borough, the wedding picture, all three guys together. of course putin can't leave russia because there are war crimes charges against him so what happens, your bro's come to see you. china making friends or frenemies and then saying we don't know whether were going to put weapons on the ground and ukraine. we will let you know if we are going to make the war worse. why have we listen to them? have we given our pants away? we don't want to put them on it do the job we have to do? >> kayleigh: mccarthy commenting on the wrongful detention of gershkovich. he said with a president pays ransom, they will take more americans. >> emily: of course they will. because the precedent we set was we will exchange a literally one of the worst humans in this world for a basketball celebrity but we will ignore the

u.s. marines still being detained. i note that the state department spokesman said there's two different scenarios when talking about the currently detained wsj reporter. why? watch to be treated differently? we weren't privy to that articulation between brittney griner and paul wheeler last year, can we have insight into it now? every american life should be valued exactly the same way through the eyes of arden mr. risch end. if there is been different. maybe we should know about it. the irony, the administration says the reason we didn't shoot it down as we didn't want to risk the american public but how much harm was done to the american public by the intelligence gathered by the balloon? >> harris: we don't know. >> emily: it's called stalking, you would call the police and blow that balloon off your property and we let it go on its merry way.

minimal population maximum opportunity to not hurt anyone, alaska. >> kayleigh: labeling the attention of evan gershkovich, an unlawful detention, the editor in chief saying she's optimistic that will happen. >> andy: i am more concerned about what happened before the journalist was taken. we filed an indictment, biden justice department, a few days before, soviet spying -- not sylvia, russian spy in the custody of the brazilians. who has no chance of being extradited to the united states and no chance of getting out of brazil. for progressive virtue signaling politics, we are showing russia, issuing an indictment that might as well be a press release for all the chance that it has a being enforced and of course you invite putin to say oh, yeah? and then they arrest over the american journalist. this is amateur hour.

>> harris: can i ask emily, you had such an interesting point about the way in the cases were handled. we are happy any time in american comes home. we pray for it always. brittney griner, an athlete, whoever it is. where we need to be right now is to talk about, did we learn anything from now? is that case going to help us with the next one? paul whelan is still there, now we have another one, are these cases capable, what is the white house doing to build upon these cases because it is that what you do inquire? >> emily: their defenses they are not building upon each other, they are separate. so the state department spokesman said we been working on paul whelan through the appropriate channels, so somehow it's making it sound like this is going through proper procedure but somehow brittney griner's case -- >> harris: former military. >> emily: perhaps because of the attention after phone call and agreement to let loose the minister of death. i don't know why these cases should be treated differently

but not someone's prior service. all we know is what the administration says is that they are totally different and i can't explain why. >> kayleigh: 30 americans detained abroad without distinction of unlawful detention. we await that for "the wall street journal" reporter. coming up, single mother in oregon is suing the state after her application for adoption was rejected. she says it's because of her christian beliefs. details on this case next.

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custody of the department." the mother's legal counsel says "oregon's policy makes a sweeping claim that all persons who hold certain religious beliefs, beliefs held by millions of americans from diverse religious faiths, are categorically unfit to care for children. that is simply not true." andy, if you'll allow me to lay out two important details. she was with the lawsuit states. national review. according to the lawsuit the states handout materials include examples of behavior the state expects of prospective parents including just buying symbols indicating an lgbtq affirming environment including a rainbow flag and pink triangle this blank pictures and posters of diverse people who are known to be lgbtq i2 -- s. in the email this woman sent regarding these policies, i don't know how many children there are out there under the age of nine who fall into this category meaning that trans category trans category and to me it's kind of crazy that society is wanting kids to think

about the stuff that such a young age. i think we should let them keep their innocence. this may not even be an issue. i have no problem loving them and accepting them as they are but i would not encourage them in this behavior. i believe god gives us our gender,, it's not something we choose. this quote pretty simple email. >> andy: it goes back to the failure of the supreme court to clarify the parameters of their right to religious liberty in the united states. i feel like it's close to a decade ago. they had a chance to clarify this. instead, they cobbled together this watered down procedural decision which was really about how much process do you give people who raise these claims. what's the -- was the bureaucracy to hostile? instead of saying people have freedom of conscience in this

country. people have liberty. in the meantime, what happens is the progressive bureaucracies turn their departments and everyone there department contracts with into little progressive indoctrination centers. the point is to squeeze and punish people for their religious beliefs and we have seen it in the realm of adoption. now we are seeing it here. we will continue to see it unless the court is going to be courageous and say this is what your first payment rights are. >> kayleigh: the children in oregon are used as pawns. she wanted to adopt kids under nine. it's so hard for a 9-year-old in this country to get adopted. she wanted to adopt two of them. she said it was a calling from god. those children are the ones that are suffering, not being placed in a good home. >> mollie: it harms these children and is worse than just not allowing religious liberty. we are talking about christians being allowed to adopt or not. christians have thousands of years of experience of taking

care of some of the most, like, suffering children on earth. they are very good at taking care of children. we are saying they should not be allowed because they believe that sex is a biological reality and it's good to approach a healthy approach to one's sex, that you should not cut off healthy body parts for no reason. for a child. we are privileging people who have these brand-new, fresh, dangerous ideas about centralizing children or doing harm to them so it's actually just much worse than denying religious liberty. >> kayleigh: emily, we are about a week out from six christians being slaughtered and losing their lives to a transgender shooter. this question i saw over the weekend from the daily wire has the white house even said the word christian once since the nashville shooting? we had our brain room dig in and we cannot find a single record,

zero, of any administration official in the white house using the word christian last week after an attack on christians. here's what they did find time for perry here is karine jean-pierre. she said this years trans day of visibility comes in the midst of a historic wave of attacks on transgender kids. how dare she used the word attack on a week went six christians were attacked? zero times was the word christian used. >> emily: it is such a travesty eclipsed only by the travesty of oh six lives taken. if you have the right sexual view, you can adopt anyone you want. if you're christian, no. if the kid is vegan, you can be placed with a family that haunts. if the family is jewish, you can be placed with a child who has hindu beliefs. it's inconsistently applied, only negatively affecting christian adoptees or would-be adoptees. a thousand foster kids. shouldn't that be the number?

here's a mother after losing her husband, still has room in her heart and her home for tomorrow. and yet oregon says that because of her faith, that's why she can't adoptees children. a faith-based 100% on love. where two or three are gathered in my name, i am in the midst of them. because one can chase a thousand and two can put 10,000 a fight so i say keep praying, keep proclaiming your faith. they be hopefully soon christians will be able to be recognized in their own light is living based on love. >> harris: it's the greatest loss of freedom for all of us. to lose our values. the way that you put it, people have freedom of conscience. if we lose our values, if we lose the conscience, that part of us that makes us the best versions of who we are as people on this planet, the whole world will suffer. we are still a beacon of light. we are still the greatest place here on earth here in america.

we cannot lose. believe how you want. don't step on my right to do that. don't tell me what not to believe. don't tell me what love is. by the way, my mom, long-term social worker. she said, if someone has love in their heart, especially a 9-year-old, someone who has been in the foster care with all the problems that we have across this country in foster care. some beautiful people in it and some problems along the way, just like everything else in life. if someone shows that they can love another, why would you deny? and you're not doing that to the lgbt community. we have a secretary of transportation who just adopted with his husband. so we will say yes to some and no to others and all of it is, what they believe and how they live. how can we in good conscience call ourselves the republic, the beacon of light? we should be ashamed. >> kayleigh: amen. every child deserves a loving home and that should be priority number one. come coming up, lsu tigers beat

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>> emily: it seems like the first lady thinks every team should get a trophy. jill biden attended the ncaa women's national championship where the lsu tigers beat the iowa hawkeyes. traditionally the winners score an invitation to the white house. it appears biden wanted to include both the winners and the losers too. >> congratulations to both teams. i know we will have the champions come to the white house. we always do. so we will have lsu come.

but you know it, i'm going to tell joe i think i'll wash it come too. because they played such a good game. >> emily: after which, the world exploded. angel reese responding to the invitation, "a joke" she said. essentially the argument is it's all about who did win. this is not a time for participation trophies. no thanks, dr. joel. >> mollie: it's ridiculous but it's making me laugh. kamala harris went to the losing team, howard university, to console them early on in march madness. it's not that difficult to understand, it's a nice gift for winning teams. it should stay that way. >> emily: remarkable amount of backlash that applied race and gender with people on twitter saying start with men. ask men to share their tournament celebrations with the loser. one writer on twitter writing "black twitter told jill biden, we put you in that house, we can take you out arguments that she

wouldn't have done that if it was just white men. >> andy: the best part of the left's identity politics is when the identity start to clash. let's treat everybody like a winner. let's do the racial bean counting to make sure we invite the right team. we should just pass the popcorn and watch. >> emily: harris, devil's advocate. what's wrong with inviting both, one could argue. >> harris: i got an award winning gymnast and my family. she is on a team. we love it when the whole team wins. but when you win and you're an individual, you win and you're an individual and that's how it is. this is something different because i think dr. jill biden is trying to say that women can't take being not winners. none of them is a loser because they are all really, really talented. but some are the victors. some deserve the trophy, right? we can't be in second place? our egos can't take it?

we are too fragile? i'm not that fragile. i can lose. >> emily: that was a strong argument with people said she is bringing title ix into it and talking about celebration and how hard women have worked. the whole argument was, it's not about that. we are athletes. we won the championship. that's why we go to the white house. >> kayleigh: i will provide the flip side. the white house is a very special place. the more the merrier in this instance, i say. be a gracious winner, let the other team, and see a part of american history. but not a popular point of view. sorry. [laughter] >> emily: tweeting "her comments and colorado were intending to applaud the historic game and all women athletes. she looks forward to some abrading the lsu tigers on their championship win at the white house." clearly walking back what was considered generously by caleigh as "can't we all just get along? apparently not.

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>> emily: will come back. two federal judges pushing back on woke intolerance and say they want higher clerks coming out of

stanford law school. last month law students and a diversity dean protested a speech by a conservative judge that they had invited to the campus. one of the federal judges, of the fifth circuit court of appeals saying "we will not hire any student who chooses to attend stanford law school in the future, what some law schools tolerate and encouraged today is not intellectual expiration of an intellectual terrorism. they don't try to engage and learn from one another. they engage in disruption, intimidation, public shaming and we are not teaching the basic terms of our democracy. kayleigh, gerard baker rode an excellent op-ed and said we thought "they will grow out of it, they are students. the reality is they have infiltrated the workplace. he says it goes through without publicity. except for little blips. google declined a contract with the pentagon because employees protested. you get deans like that,

decisions like that. someone is pushing back. >> kayleigh: we have seen the executive branch being contorted in the way i don't recognize. the supreme court, the level and quality of the justices, whether on the right or the left has always been one of decorum, respect for the rule of law, respect for one another. civil discourse. i fear that we are very far from that. i felt it on my law school campus. in "the washington post," you had an individual who is a stanford student rate "a friend recently told me that coming out as a moderate was more difficult than coming out as gay at stanford law school. close but that's the state of our campuses. >> emily: when i spent my time with the ninth circuit, it was such a place of austerity. everyone, all of us, there was an ideological diversity but we were committed to the caliber. i was so honored and proud to be

there. it seems that any semblance of that has been absolutely annihilated by the current woke left in the culture that's been fostered in these law schools. that was like 20 years ago. >> andy: they have destroyed every institution. when i was a federal prosecutor, for years, my friends were all progressive democrats. that's what their politics was in new york. but you check that at the door when he went into the courtroom. it was about what is the law, once the facts? that world is gone and i commend these charges for calling out these ideology. this has to be done across the board. there has to be a move to get rid of these college administrators, corporate h.r. departments. you need radical -- they are not advancing the cause of the institution. they are progressive ideologues trying to destroy from within and they need to be called out.

>> emily: we need to amplify those that you are hiring. in addition to naming those that shall not be named, it's important for judges to a knowledge and amplify. here are the schools that are not committed to stifling the first amendment. >> mollie: it's important and not just be two federal judges taking this action. it needs to be many more federal judges who have that kind of bravery. there needs to be an incentive for stanford and every other leftist institution to not tolerate this kind of suppression of free thought and debate. >> emily: the problem is so many go right back out into the artery, their same petri dish. harris. >> harris: we do have some breaking news. we are sitting by. we are waiting for the president trump to leave trump tower. his motorcade is preparing to leave now. police are closing the sidewalks. stopping traffic along madison avenue. the motorcade will be heading east. we have live look at this above

madison and 56. we are going to take the sidewalk view. a couple of things about this. lower manhattan normally would be about probably a 30 minute drive. they are closing street so they will get there much quicker. the process will be that he will be processed in. a little redundant, sorry. processed in. they have gone back and forth on this but it looks like there's not going to be a monk shot. that's what the secret service officials have been saying to the media before. we do know that we will never see him in handcuffs in this process because the secret service has said no to that. at that point, he will go to the courthouse. they will process him inside the courthouse but at that point they will go inside the courtroom and just a few moments ago the former president said he would like to talk to people in the hallway outside the courtroom. so we don't know if that will happen before or if that will happen after he comes out.

this is only expected to take fewer than 30 minutes. some people have said as he was 15 minutes, this arraignment. the indictment charges. we will get to see more information about those 34 or so charges against former president trump. that indictment has been sealed since last week when it was announced. even though there's been a grand jury leak and you have heard andy mccarthy and i go back and forth about that today about the fact that yeah, rules being broken, they are going to roll like that. this is politics, andy. that's what you said. but nonetheless we will get to learn for ourselves what exactly is in that indictment. there was one point, and looking at how busy new york city is and how many people are here and how few of them vote the way that the president's party votes, he had asked on his own platform, truth social earlier, couple of hours ago, it's very unfair venue with some areas devoted 1%

republican. this case should be moved to nearby staten island. would be a very fair and secure location for the trial, additionally the highly partisan judge and his family are well known trump haters. he was an unfair disaster in a previous trump related case, wouldn't recuse, gave horrible jury instructions and impossible to deal with during the witch hunt trial." this is former president trump on truth social a short time ago. his daughter worked for kamala. now the biden-harris campaign kangaroo court, those are his words. we look at one of the busiest places in the world. madison and 56. the traffic has stopped. they have started to close down sidewalk so that the former president can exit trump tower. andy, take me into the processing once he gets to the courthouse. >> andy: it will be an easy trip to the courthouse despite the chaos. that small half a square mile area has had every big terrorism

case or did have every big terrorism case from 1993 through 9/11. they know how to keep that area secure. high intensity threatening -- >> harris: so you have confidence this will go smoothly? >> andy: the nypd is not going to lose control of the streets. >> harris: so what was that about yesterday with the news conference? getting everybody ready. did they overflow? >> andy: they want to convey -- new york city police. >> harris: i am talking about the mirror. >> andy: find that they need to convey they have control of the streets. you're not going to see january 6 types of situation and you are, not happening. the secret service is a very professional agency. they work well with the nypd they will keep the former resident safe. that part of it will go smoothly. i think they have it set up so

that he'll be brought in, quickly processed. he will be brought before a judge. it's a nonviolent case, so under new york law, bail is not an issue. he will obviously be released on his own recognizance. he will enter, because it's a formal indictment rather than just the police complaint, he will be asked to enter a plea. you'll enter a plea of not guilty. the procedural aspects of this, if that matters, will be fine. >> harris: what about the gag order? the potential for that with the judge. will we find that out today or does it come later? >> andy: harris, they will ask for one and it's hilarious that the d.a.'s office -- the elected district attorney who got his office by campaigning that he was going to use his power to get trump, now that an indictment is filed, he says "okay, we are going to follow the rules now." trump isn't going to allow that to work and even if the judge imposes a gag order, trump is going to tell him, you know, i will tell you what you can do

with your gag order. we may be looking at this as if it were a trial. trump i think understands the situation he's in which is that this is a political theater and he intends to fight it back on those terms, and he's not going to be altogether that upset about whether a manhattan criminal judge tells him to pipe down or not. >> harris: kayleigh, how do you win the moment on the side of republicans, if you are the former president right now politically? >> kayleigh: i would walk straight to the cameras and i would say "what are we doing to our country? right now we should be having a national dialogue about how to protect our students, how to secure our schools. that suburban mom, i don't want you to worry about your child in school. instead, what are we doing? i am being indicted." if i am president trump, i am saying this. why? he wants to be time men of the year and he thinks he will be time man of the year by indicting trump? alvin bragg things he's going to be a national thinker?

everything he's doing is running contrast to what he said on the campaign trail safe indicting president trump. make it bigger than you, the viewer, the american citizen who you are running to retake the white house for. it will go a long way. >> emily: we know that there won't be live shots in the courtroom. there will be some photographers and drawers. this is against a new york senator who has proposed a bill that will allow, demand cameras in trials. new york is one of two states in the country that doesn't have live-action in their state cases. if this does proceed to trial, it would take months. by then this law potentially would be in place. he specifically addressed this and said it's far too important opening the doors with his first of a kind trial on the horizon. this is what the media and the american people need. already the state is trying to as much as possible create a spectacle of

what we know has been reported that the president's legal team did not want live cameras in, and what you are saying now is depending on how this progresses, new york's law will force that to happen. i mean, they are -- you know, they are within their rights to do that. but the timing, i don't believe in coincidences, timing is interesting. >> hatred and obsession of the left toward this man has really been something the country has had to endure for many years. it's sad to see where we are, but this is a bigger issue than just this person being indicted, but really it reminds everyone of why his movement was so powerful. the idea that the regime had these two standards of justice, privilege friends, they go after enemies and doing harm to the country. today is a good example of that. >> we are watching outside trump tower from above, obviously a

helicopter is gathering what we will see. madison and 56th is where our shot is up, so we are looking back at the traffic that is stopped along madison avenue. police have closed the sidewalks as they prepare for a former president to do what no other has done, go face an indictment on criminal charges and it will happen in lower manhattan, and we are covering every moment here on fox. "america reports" now. >> john: harris, thank you. fox news alert to start us off as we watch unfold an event unprecedented in this nation. first time in american history, a former president will be arraigned on criminal charges. any moment now, former president trump will leave his new york city residence at trump tower you see on the left side of the screen there and surrender to authorities at a manhattan courthouse the scene outside of which really is extraordinary with trump supporters, trump ot