against him in an unfair way. as joe said, by using the weakest case to come of the most tenuous, flimsy case to go first, this is only playing intt story line, so it is going to help with the primary voters. i think president trump was wise not to speak in public yet, not to try to get some kind of circus going in new york city because that would have reminded the general electric of january 6, i'm glad he didn't do that. >> neil: and why push it? ♪ ♪ >> jesse: hello, everybody, i'm jesse watters, joe jeanine pirro, -- 5:00 in new york city and this is "the five." a surreal day in american history. former president donald trump on his way back to florida after surrendering himself in a manhattan courthouse vehicle he was arrested, fingerprinted, pled not guilty to 34 felony

counts of falsifying business records. we are expecting to hear from president trump later tonight. bryan llenas is outside the courthouse in lower manhattan to break down the charges. bryan? >> jesse, good evening. former president trump charger 34 felony counts of falsifying business records here in the state of new york. just moments ago, but a couple hours ago, the district attorney of manhattan alvin bragg laid out his case. listen. >> donald trump was arraigned on a new york supreme court indictment, returned by a manhattan grand jury, on 34 felony counts of falsifying business records in the first degree. under new york state law, it is a felony to falsify business records with intent to defraud and intent to conceal another crime. that is exactly what this case is about. >> so, d.a. bragg is charging former president trump with 34

felony counts, that is a felony count for every single falsified business record that they have in evidence, apparently. now, as he mentioned, in new york, in order to be found guilty of a felony count or be charged with a felony count, you have to be found to have been trying to hide a second crime, so in this case, what bragg is alleging is that essentially former president trump falsified business records in furtherance of his 2016 presidential election, which is a violation of new york state election law because under new york state election law, you can't be promoting a candidate -- or your candidacy under unlawful means. that's as best as we have come as we see, based on his press conference come in terms of understanding the charges. now in terms of what happened inside the courtroom, the former president did not say a word. he sat stoically up your car producers set said at one point he described the former president walking into the courtroom with swagger. he stared down alvin bragg

before he left that courtroom. he verbally pleaded not guilty to all 34 counts. there were two big moments that happened inside that courtroom. one was about timing. the other was a p about a potenl gag order. post untruth social the president posted that you believe could have incited violence and they essentially asked or requested this judge to issue a gag order. at least, they implied that they wanted one, and in that case, judge juan merchan said he is going to request that trump not further post things that could incite violence and that if he were, they would revisit that request, and the second big thing that happened inside was about timing. the prosecution asking for this case to be pushed all the way to january, which would be right at the heart and the start of the republican primary election season. the defense wanted this case to be pushed back even further. they found that this case will now -- the next hearing will now

be december 4th, and that former president trump must be here in person. the defense argued, why should the former president be here in person? you can understand the undue burden that has put on the city of new york. that argument rang on deaf ears, and judge juan merchan said the former president needs to be here december 4th for the next hearing. jesse, guys? >> jesse: bryan, thanks so much. judge jeanine pirro, he spent time in the courtroom, how do you see things developing today? >> jeanine: let's start with the last thing that was just said, and that is that the defendant needs to be present on, i believe it was december 4th. if i have the date right. that is ridiculous because it is only a hearing to submit motions or to get a decision on motions. okay, it is ministerial. it is where the prosecutor, the judge, and the defense attorney get together and there is either a decision issued about the motion where there is a discussion they will argue the

motions. but the overall response that i have two all of this is it's less significant than i thought it would be in the first place. this is a whole lot of nothing, and, you know, defense attorneys have done that in every case i ever tried as a prosecutor, and i never thought i would do it to an indictment myself. first of all, the indictment is insufficient on its face. what that means is that the prosecutor does not allege what the other crime is. so, he is saying he falsified records with intent to commit another crime. we don't know what the other crime is, and even alvin bragg when asked about it said, well, we had evidence of this time that they didn't have last time as it related to why now. but in addition to that, we've got election law, and we've got text messages and emails. what are you talking about? why not identify the crime that is giving you the ability to take a dead misdemeanor and given new life, like a phoenix rising out of the -- out of the sand. now, if anyone looks at this indictment, they will realize also that in addition to being

insufficient on its face, it is duplicitous, and what that means is they've got -- if you look at the first four counts, they all occurred on february 14th of 2017. that means you've got the same course of conduct, they are just looking at it differently, okay, so nobody get excited about the 34 counts, they are meaningless. and there will also be a bill of particulars beer in the bill of particulars, which is required to be submitted in new york state in 15 days, and may be extended to 35 if the judge wants to give the d.a. a break, they've got to be real clear on what the bill of particulars says because a defendant has a right to prepare for trial. and this is garbage. you don't have a right to prepare -- you don't know what to prepare for on this. and by the way, you know, the whole concept that bragg gets up and he talks about, you know, this is new york, we are the center of the financial world, and all of that hogwash, doesn't

explain why he takes every felony he can find, 50% at the bare minimum, and turns it into misdemeanors, but wants a misdemeanor to be a felony, and why did the defense have to come back? why does -- why does donald trump have to come back in december, when it is going to cost new york city millions of dollars? if any prosecutor would consider the cost of the city or the county, in deciding whether or not the appearance of the defendant is necessary. and, i mean, i could go on -- >> jesse: should we hear from the other lawyer at the table? we've got one sitting right here. would you like to say anything about what the judge just asserted? >> so, this is a tough day. i think any time, and i've watched the presidents face as he left trump tower, and i watched the pictures that we saw, live picture of him walking to the courtroom, and then the picture that they took in the courtroom of him two or three times, the first time i had ever seen come i don't know the president that well, i know him

personally but i've never seen him look that way, obvious the weight of the moment and the serious for him, you look at him and the humanity of the situation, whether you like his politics or not, you cannot help but understand what that picture connoted. jericho, i agree with the judge. new york law, as the judge knows, does not require if you cite a federal law or -- if you say a federal law was broken, you don't have to cite it. however, d.a. bragg should have cited with the federal law is fearful he is playing it by the book, but in light of the fact this is a former president of the united states, this is a matter on the face we believe the southern district of new york, the u.s. attorney's office passed on some of this, the former d.a. cy vance, his office passed on some of this, so i think the burden, whether it is fair or not was higher on the district attorney to lay some of these things out. now, as you read the indictment, it reads like a daytime soap opera. in so many ways, and we knew a lot of these things from 2016,

and voters were aware of some of the allegations from some of the women that are talked about, the two women that are talked about in this and we all know what michael cohen did. i think the question now, i think for the president and his legal team is how quickly do they want to go forward with this. they will file the requisite motions to dismiss. it will be interesting to see how the judge reacts. i would assume his lawyers are going to lay out that these matters were passed on by two other legal offices, including the u.s. attorney's office. i will be curious to see how this judge handles it. one thing i do hope we all are able to accept is that our judicial system works. and this judge here will have an opportunity to weigh all of these facts, to weigh the motion, which i assume mr. trump's attorneys have not consulted with me but i assume they are going to file these motions, and i expect this judge, who seems to want to move quickly, december 4th does not seem quick enough to me, but i would assume president trump, former president trump would want to move quickly, and i

would assume the judge, you take him at his word that he wants to consider all of these motions quickly. on a personal level, i was expecting a little more, jesse. i was expecting a little more. at a minimum, i do hope at some point that the district attorney here in new york will tell us what that other crime, what the other -- >> jeanine: well come he has to in the bill of particulars. >> harold: i was disappointed, judge, he didn't do it there. i hope that he does it before too long. >> jesse: and harris, the president right now is en route to mar-a-lago. he will be addressing many people tonight at 8:15, we believe. >> harris: i want to kind of unpack this in backwards order here. so, the file motions will come in august, that is when the defense can move on that. december 4th, i had some thoughts, they didn't get what they wanted. they were hoping it was going to be crazy. and that judge was going to be able to slap on a gag order, and you've been cited, you've done all of that, and he was buttoned up because the secret service

handled him. [laughter] you didn't see the cuffs, you didn't see any of that vehicle they set the rules. they set the tone. they protected him. and so they didn't get the circus that, you know, i was on when that news conference happened yesterday with the police commissioner and mayor eric adams and how, you know, we are getting ready, and to congresswoman marjorie taylor greene, you better be on your best behavior, all of this stuff. talk about incitement. why don't you just, you know, throw some gasoline where there is no fire and hope it sparks? but a couple of things. talking about, i try to be the judge sometimes. the eighth count, i thought you were talking about in the first four, april 13, 2017, that is a loaded date. they are going to do a lot with that date. i don't have your acumen as a judge for a legal expert, but i looked at that and thought, there is something else they're going to need. they are going to need michael cohen. how important is he to this

case? a criminal lawyer. a criminal liar. and that seems critical because that would really show just what harold said, nothing is new in this case. they are going backward to the person that they know tells the most lies, gets away with it until he didn't, legally, and that date, we have already seen him in the access hollywood video with billy bush. that is in here. i did not understand how that fit with a white collar crime which alvin bragg says that is the kind of crime that new york city attorneys go after. district attorney's. i'm glad i know the kind of crime he goes after because violent crime is rampant. so at least there is something he is going to fight. and then the last thought i had was what do you say to the crowd tonight? 7:01 this morning, many of us in the media got the make america great again email, which said, president trump is the clear

front-runner in 2024 for republican presidential primary, and it laid out taking a look at new hampshire registered voters. trump 42, desantis 29, everybody else who is running. they started the day with politics. he can talk about that now if he wants. i would imagine you would tell him, you would tell him as attorneys, i wouldn't talk about this case because that judge i think meant, he is waiting for the circus. you didn't bring it, but he will slap a gag order on you. so there is an opportunity tonight. i'm curious to know, is he going to go this route, talk about inflation, prices, how he is going to save america. where is he going to go? i think that is the biggest part of the day. i actually was surprised by the lack of there, there in the news conference by the district attorney. who obviously was thinking he was on his come up. he was going to make it big off of this case, but then laid out the way i would as a layperson. right on the facts until we can figure out how to sell it.

i think i could've sold it better. >> jesse: i think we all could have feared speak a evening, jesse, this has reminded me why i never went to law school, and i will leave it to the legal minds to take us through it. the past six days, every legal analyst we have had on this network has said, i need to see the indictment. what do you think about -- i need to see the indictment. what are you doing for lunch -- i need to see the indictment. now, we have seen the indictmens this is thin. look, we have five people around a table right now, they have seven people around a table since noon today. and it continues at this hour. last hour, or no council, u.s. assistant ag, saying it was pretty underwhelming. these facts have been out there for seven years. john pulled in, no of donald trump today, this complaint can easily be dismissed. it is that then. he has a legal background, as well. all of these comments really surprised me.

harris, you mentioned the reality in new york today, and throughout the hour here. i would just remind everybody that two weeks ago today, present she was in moscow meeting with vladimir putin. for three days. not three hours, not for some photoshop in red square and the fly back to beijing. three days. what do you think they were talking about? more than just the land borders between russia and china that still have some disputes to this day. they are talking about how are they going to divide up the world? the decision that mohammad bin salman on now making in saudi arabia, a peace deal with iran, china is in the middle of that, inviting assad to a summit that will take place in saudi arabia come all of this is happening while we are watching this. and cut oil production to a million a day. if you are a fan of cable news, look, i am a child of cable

news. i grew up with it. almost 28 years, and i love it. but every channel throughout the past 14 hours has been on the trump story. there is a lot of important matters happening in the world. >> jesse: right, it was a bush league indictment if you read it and everybody expected more, and we do expect to hear more from the president tonight at eight: 15 from mar-a-lago. bill hemmer? >> bill: we will see that tonight at 8:15. alvin bragg, the d.a. here in manhattan, jesse, defending this historic decision, to charge former president trump with 34 counts of falsifying business records. >> i have been doing this for 24 years. i don't bring cases prior to an investigation, now having done so, the case has been brought. >> why now? >> as i just mentioned, we had available to the office

additional evidence that was not in the office's possession prior to my time here. the basis for business integrity in a well-functioning business marketplace is true and accurate record keeping. that is the charge brought here, falsifying new york state business records. >> bill: so bragg's decision flies in the face of what the american people think of this indictment. while 60% say they approve of the charges, an overwhelming 76% say politics played a role. 52% go a step further saying it played a major role in that poll just came out this week they are back with out here, alvin bragg said, i think the quote was, we cannot and will not normalize serious criminal conduct. i think you've had 35,000 cops who have not had a day off since last friday. if you want to criminalize serious conduct, come to my neighborhood because i could show you a ton of it myself. janine, this will come back into

focus about the reality of american cities today and the question will be, why don't you put your attention on that? >> jeanine: because what you've got is a woke democrat prosecutor, and a lot of these democrat cities that are not interested in the victim of crime. i have spent 32 years of my life fighting for that crime victim, and they are now being ignored, and when you get to the point where you bring an indictment against a former president of the united states, running for president again, talk about a third world country, i mean, it better be serious. this is not serious. harris said michael cohen isn't that indictment. this guy come every time he opens his mouth, he is lying. whether it is congress, whether it is on television, he is a perjurer. and they want to rest the indictment on his testimony? and i've got one better. when they asked him, why did you

wait so long? why did you wait so long? he didn't have an answer. he said, we have evidence that they didn't have before. hogwash. after this guy costello came in and testified in the grand jury, saying that michael cohen was a nut job and a liar, who did they bring back? they brought back david packer from ami. i mean, david packer, that whole catch and kill, they knew that in 2015, 2016, 2017. there is nothing new here. one of the additional charges they can use in this case is not just selective prosecution but in the motion to dismiss, there is a delay and a recent court of appeals case in new york, in a rape case, a rape case, no less, the court of appeals said you waited too long and this is beyond the statute of limitations. that case was not. that case was not, not a 3030 problem and i will not explain it, but they have a lot of explaining to do.

this case should not get past the sufficiency of the indictment. >> bill: alvin bragg did do one thing today, harold, he completed a campaign promise, did he not? i mean, when he was running for office, he was part of the fact he sued donald trump hundred of times, is the quote, going after him again. you couldn't even run for office in new york for a while there unless you said "i'm going to get trump." today, did he take a step in that direction? >> harold: i don't know. he obviously took a step because he brought an indictment against the former president. i would say two things. one come all of the points you made, bill, but all of the things happening around the globe, we should focus on that everywhere. there is no shortage of things we sometimes focus on in the media that we should not because i agree with you, that balloon that has been misrepresented about what it was gathering and what has happened in china, that is something we should focus on a lot more. two, i was disappointed today because i thought moore was going to be there but that does not mean that nothing is th

there. the things the president is going to have to answer for, his lawyers will do that. seems like he has a top-notch legal team. we will see what happens. now, i think you raised a larger problem about d.a.s. we shouldn't elect -- this woman here was elected ga and she may have run on a platform fighting crime and making community safer and he did, too, he made it an element, one of the elements going after donald trump. and voters here in new york voted for him. i happen to believe that we shouldn't elect judges or d.a.s, but that is just me. i don't think that should be -- should it be out campaigning -- >> harris: so how do they get there? >> harold: appoint them like we do judges. >> jeanine: politics. >> harold: either way, we can have that conversation -- you can't say he ran on a platform that he delivered on -- >> harris: you can. >> harold: let me finish -- >> harris: i'll wait for you to finish. >> harold: you can't be critical of the fact he did that when that is what our process

is. i think d.a.s -- i don't think we should elect judges either because by definition, you know what that means? means those offices are politicized. finally, i hope tonight, harris, you raise the sound and point to make a president trump, i hope he focuses -- he entered his plea of not guilty, until evidee and facts proven in a courtroom at a jury believes othe otherwise. why i want to run for president, the issues, bill, what happened in china, including inflation. that is why people, i think, are going to elect him or not elect him, as the republican nominee. and eventually come if he is the nominee. >> bill: harris, your name was invoked. >> harris: it certainly was. a couple of things come in reverse order. i don't think you need to worry about what trump will focus. he went to east palestine, ohio,

when it was still on fire. when did biden go? >> harold: i was saying you were right. >> harris: i'm hoping you tell me i'm right. >> harold: again, that part, you are right. >> harris: because honestly, if you look at what he has been doing versus -- we will get into it a little later in the show, where is biden this segment, but when you look at what he is capable of doing, he can make the tide rise if he wants. the current president hasn't been able to do that on the economy and he has been gone since last week. he has had a couple of gaffes. he needs to figure out where the twisters hit in mississippi, maybe he will do that next. but when you talk about alvin bragg and how things are, he has a choice. he doesn't have to run and say i'm going to pin everything on going after one guy. he did that so that his staff would stop leaving. they said, you are not going to go after trump? i'm out. wrote the book you are holding right there, i'm out, you're not going after trump, you're breaking your campaign promise.

that is when he said, i didn't say i wasn't going after him, i just want to have a better case. was today a better case? you're an attorney. i didn't see it. i read the statement of facts, i read the indictment. it's pretty cut and dry no. >> bill: jesse, you have been very. >> jesse: [laughs] that alvin is a laughingstock. we were on the edge of our seats waiting for the d.a. to come out and say he had video of trump hiding a body in trump tower appeared may be a picture of him handing a briefcase full of cash to an election official. he had nothing. he came out and he didn't meet the moment. he didn't meet the moment! and even the media know he didn't meet the moment because the man didn't sell it. if you can't explain the charge in 30 seconds, you don't have a case. and the man could not explain the charge. he didn't even put the felony charge, the election charge come in the indictment, i didn't really have to, so -- get out of here, man, you are charging a

former president and you didn't even say with the charges? come on! he is spending how many millions of dollars on this circus? he is shutting down the fdr drive. he is hiring how many police officers? how much manpower is going into the d.a.'s office on this case alone? meanwhile, we've got a crime wave out here and he has the nerve to come out and say, he doesn't want to normalize crime -- come on, man. his case is built on a disbarred lawyer who served prison time for lying, a porn actress who actually had to pay trump because she lied about the nda, and michael avenatti, where is he now? actually, he is in prison. this is the crux of the case that you are building. and i've got to tell you. you're putting donald trump's life in danger. you are setting him up and advertising the entire world,

the former president of the united states, the republican nominee for the presidency, is going to be at this location, at this time, on this date. and you've got towers, and you've got windows, you think that's good for this country, to put a man like that in a certain location december 4th, and then what if it goes to trial? he has to be there every day. you think the secret service wants that? that is dangerous. and he is playing a dangerous game. >> bill: that is a monday, might be a good day to take off in the city. jesse is officially in the "come on man" category. in a moment, trump legal team ready for a major battle after the former president pleads not guilty on 34 felony counts this afternoon. ♪ ♪ (vo) if you've had thyroid eye disease for years

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>> harold: former president donald trump arrested, pleaded not guilty to 34 counts of falsifying business records. his team is ready to challenge this case now ended every step. >> a state prosecutor is prosecuting a federal election law violation. simple as that. >> harold: trump lawyers also accusing manhattan d.a. alvin bragg of "leaking details" of the grand jury, which is a felony. judge, you were having some thoughts out loud -- >> jeanine: i was. [laughs] >> harold: i want to give you a chance to react to what you were saying -- what you saw there. >> jeanine: i was speaking while -- the thing is, that they didn't put in, in the indictment, the

crime. i wonder, people are saying it is a federal election law, and bragg himself mentioned the new york state election law, and i wonder, no one has mentioned that. i think he was trying to give himself some wiggle room. he may not want to state what the law is to protect himself in case fulton county does something in georgia. because if he mentions it and fulton county comes out, it might be double jeopardy. i'm just thinking out loud. but the vagueness is just untenable in a case involving the president of the united states, and the fact that he was arrested is disgusting. it turns us into a third world country, to bring this man, who was the leader of the free world come into a manhattan criminal courtroom, where all kinds of people come in for rape and murder and child abuse, it's offensive to me. i have been a judge, and i have been a prosecutor in these court rooms. it's to me. >> harold: i want to open this

up to everybody, but harris, i will come to you first beer in the break, we talked about michael cohen, it appears he is a central part of all of this, but it sounds like if you read it carefully, david pecker, former head of ami, listed also, could very well be a witness. did you read it that way and see it that way? >> harris: this thing is so short. i wondered why the indictment was so think know my thin, i would think to bill hemmer, i could have written a book report about the indictment longer thae indictment. if your name is in here, you are part of the case. there are not a lot of people to really choose from in here. it is thin in terms of the statement of facts i thought was more helpful than the indictment. but look, we want to know what donald trump is thinking tonight, and this is just hit truth show show. everyone agrees this is a farce. today, america witnessed an unprecedented attack on our justice system. liberal district attorney alvin bragg successfully weaponized the local public office to arrest and invite a leading candidate for president of the united states,

president donald j. trump. so-called progressive prosecutors have brought chaos to local jurisdictions. across our nation. but now bragg has proven that sorrow site and back prosecutors can attempt to destroy the nation as a whole. this is embarrassing, bare-bones, a stain of our nation which will only be washed away by returning president donald j. trump to the white house. where he belongs. and then it is a little bit on background. the one thing about truth social, there is enough room, you could write something longer maybe than this indictment. >> harold: you have an opinion on this pecker thing? >> bill: i'm used to asking questions, not answering them. listening to the lawyers talk, i think bragg said legally he doesn't have to bring the other case now, he does not have to show -- >> jeanine: he doesn't -- >> bill: would suggest he doesn't have to show his hand. we have said repeatedly there is nothing new that has appeared in seven years. they requested to move it to

staten island. manhattan went for a bite and 87-12. you tell me whether or not you get a fair jury in manhattan. with these other cases, the backlog, you wonder if bragg was trying to get ahead of them. i don't know that to be the case, but you just wonder. a lot of analysts have said for months now that this could be the quickest case you could bring out. one last thing, in december come he got a conviction of the trump organization in that courtroom. and in january they got the fine of $1.6 million. and right after that come he seated the grand jury on this and the strong theory is that bragg saw that he could get a conviction with a jury in manhattan easily on a case against trump. >> jesse: former president can't get a fair trial in the united states of america. everybody has a bias one way or the other. you think anybody doesn't know donald trump in this country? and then you take that to manhattan? you think you can get a juror that says they don't have an

opinion about donald trump? so that's bogus. and to me come if you are keeping count, this is the third attempt to steal our vote fear number one, the 25th amendment attempt, remember tha? number two, the impeachment. in an election year? this is number three, malicious prosecution, trying to take his power away. the american voters, we have the power to give power to the president, and we have the power to take the power away from the president. now you are getting some weasel involved in manhattan? i don't like it. it is a disgrace. and the catch and kill thing, they are making this a scandal? the democrat media catches and kills everything that comes out about a democrat, what do you call suppressing the laptop? they caught it and they killed it. they do that every time. now it is only a felony when it happens with a republican? i'm not buying it. >> harris: you mention pecker, you must have a thought. >> harold: i just read the indictment and it appears he may be a key witness also come along with michael cohen. next, president biden reacting for the first time to the historic arrest of former

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♪ ♪ >> harris: president biden staying tight-lipped after his predecessor was arrested and charged with 34 felony counts in new york city today. peter doocy is outside the white house with more. peter? >> harris, i have known president biden to answer a question during his time at the white house, and we know he could hear the shouted questions from the small group of pool reporters that were rotated into his event today because he answered one about artificial intelligence, but when the timing of trump came up, he just smiled. watch this. >> is the indictment of your predecessor politically -- >> so, a big smile. he heard it. nothing substantial, though. a few minutes before that event,

white house press briefing, it was kind of surreal being in there because they called the two-minute warning for us to go sit down just about a minute after we watched on live tv as trump walked into the courthouse in new york city, and there were some questions about this because it is not a political thing. usually if you ask a political question they say we can talk about that. president biden is not a 2024 candidate yet, so we didn't hear anything about the hatch act. it is also not a biden doj thing because they like to say he does not direct the doj, who to investigate, who not to, but this is a state level thing in manhattan. so we tried like this. >> all that anybody in the country is talking about at this exact moment, while we are in here, is trump, does the lack of comment mean you do not think ag happening in new york today is one of the top issues facing the country at the moment? >> that's your assessment. that is not my assessment. i am just laying out the facts

that we are just not going to -- >> it was just a question, and at some point, they are going to have to say something about this. back to you. >> harris: peter doocy, thank you. judge, what do you think about this idea, this premise, that joe biden this week has let us know through his team he is not going to announce potentially until august or september? what does that mean? it means he stays silent through this period with former president trump. how do you take it? >> jeanine: first of all, he shouldn't say -- stay silent, as the president of the united states. i mean, americans are concerned about something like this. hatch act has nothing to do with any of this. he is not in the presidential race. he is a sitting president. but i think more importantly, i think the fact that he is not saying anything is indicative of the fact that he is probably tickled pink that he doesn't have to talk about the fact that he had classified documents that he shouldn't have ever possessed outside of a skiff as a

united states senator that we've got all of these issues having to do with the balloon, we just find out, they told us, it was just a climate balloon, and then we find out it is collecting information and sending it back to china. i think that his delay may be to keep other people out because everybody on the democrat side is afraid to make him angry. >> harris: harold, what is your take? to the president say anything about trump? >> harold: he should not. president trump has been indicted, has entered a plea of not guilty come in this process will unfold. through any of us, god forbid, i would not want any of us to be indicted and enter any plea, but i would not want the president -- in light of the fact it is the former president, the leading candidate, i would hope president biden would not react to it at all. i disagree with you there. i think your point about the federal election, election law issues, and other cases, i think it's probably one of the more

interesting if not brilliant things that have been set as we think about this case. i don't know why he won't announce before august but i think you're probably right, it is probably fending off things and the politics of it. there is no doubt, if your top political adversary seems to be facing some adversity, there is no need for you to get in the way of fat. i understand this position has taken but i hope he does not enter any opinion or offer an opinion about the case against president trump. >> harris: or make a gaffe. 150 plus suspicious activity reports against his family, joe biden. maybe he is watching this and thinking, i don't want this to be me, maybe i will just go sit in the corner. >> jesse: the big guy put the wires from china in the wrong ledger. might want to look into those books. biden has his grubby little fingerprints on all of this stuff. if you think about it, the case was dead. then biden sends this partisan gunslinger from justice into the d.a.'s office and suddenly they pump this thing back to life. for number one. number two, obama-biden spied on

the trump campaign, inserted undercover agents into the trump campaign, and the flynn staying was joe's idea. number three! if you want me to go on? >> harris: yeah. >> jesse: this guy is deep state. biden plucks him out of nowhere, he is vice president, and all of a sudden, covid comes along, and they catch and kill the laptop with big tech, and suddenly biden doesn't even touch him, no antitrust? all of these intelligence officials, fraudulently write a letter to kill this thing, this stupid guy down in delaware is sitting on hunter biden's crime-written computer that ties right back to the big guy and they just sit on it. come on. this guy is so involved in all of this, he personally had to sign off on the trump mar-a-lago read. that's three. >> harold: i'll make it quick. jen psaki over the weekend, warned dems, hands off, stay

away from it. i don't know how it because starting today this case and others are going to be with us for years. judges coffee won't spill. >> harris: i don't know, but i've never seen anybody resuscitate a table with that move that jesse did, brought it back to life. okay come up next, the media have been talking about this day for years. and it's finally here for those who were thirsty to go after trump. liberty mutual customizes your car insurance so you only pay for what you need. with the money we saved, we tried electric unicycles. i think i've got it! doggy-paddle! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

♪ ♪ >> jeanine: former president trump on his way back to florida after being arrested and charged with 34 felony counts in new york city. it's a date the press has been rooting for. >> this sitting president can and should be indicted. >> generally consensus the president has committed indictable crimes. >> he should have been indicted. >> the d.a. could get a ham sandwich indicted. >> trump the big mac of the situation. >> the walls are closing in. >> jeanine: you know, i've got to tell you, i am unaccustomed to hearing people talk like that about an individual. it's almost as though with trump all the rules change.

it is okay to hate. >> bill: i'm a guest, i'll be fast, don't have much time. it is always fascinating to me, the news that breaks when trump starts rolling down toward lower manhattan. en foxnews.com filed a piece about the evidence that was found in the nashville killer's home. we still have not seen the manifesto from the fbi, they are in charge of the case, but there was evidence made public. >> jeanine: go ahead. >> harris: you know what? i don't think we are surprised by the thirst. a lot of it comes from this is a new generation of journalists out there, and i put that in quotes, they want clicks, nobody gives you attention then coming up with something you can write or say about trump vehicle look at our competitors in the past . >> jesse: cnn should probably send fat alvin a fruit basket. he does not look like he eats fruit but they should definitely thank him in some way because he

has revived that network. >> jeanine: harold? >> harold: this is payback on top of payback on top of payback. when i was in congress, they went after clinton -- not like this, but they went after him ie and worse. the president commits a crime, you should go after him come up with this kind of talking, i agree with you, judge, this is not becoming on a system of a law -- i hope all members of the press show some restraint here. >> jeanine: frightening. but "one more thing" is up next. ♪ ♪ living with diabetes? glucerna protein smart has your number with 30 grams of protein. scientifically designed with carbsteady to help you manage your blood sugar. and more protein to keep you moving with diabetes. glucerna live every moment

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♪ ♪ >> jesse: time now for "one more thing." the red cross has been working around the clock to been angeghted by devastating tornadoes over the past few weeks and fox corporation is helping in those efforts

donating more than a million dollars to the organization and doubling every contribution made by fox employees to donate go to red cross.org/fox forward. also, like to wish christine and garrett a very happy engagement. look at the lovely couple. this is the time of your lives. congratulations. also, big happy birthday shout-out to greg. there he is with the grandsons. loving it. what a great guy. "jesse watters primetime" tonight be previewing president trump's address from mar-a-lago 7:00. don't miss it. harold ford jr. >> harold: congrats to them as well. why teacher is being rightly hailed as a hero after saving 100-year-old woman who was choking. ceramics teacher ryan roberts was driving home with his two sons when he saw car stopped in the left lane with the passenger door open saw the woman choking and performed the heimlich maneuver. this is the fifth person he has saved using cpr.

the cpr training is part of his faculty trach. you have got to love stories like this. >> judge jeanine: that's great. a michigan amazon driver by the name of delonghorns jones was on a new route and he noticed a flag was twisted in the wind and so he stops and straitsening up the flag. you can see there. the best part he gives a glorious salute before continuing on deliveries. jones says it's the first or last time he will be showing his patriotism on the job and homeowner simply witnessed him being himself. >> jesse: that's a great video. >> bill: new campaign we love new york. shout out to boston we do more before 8:00 a.m. until boston does all day. boston took notice of that. >> if there is anything that bostonians is good at is not giving a care what new yorkers think. >> it might seem like we are not doing a lot not like vegas but we are doing a lot of things

here. [laughter] >> bill: promoting anything 24/7. do anything in new york city, now can you do more than ever before. >> jesse: all rights harris, take us home. >> harris: my home state tracked down had 4-year-old boy on his dog taking off on add ventricle turn. they were gone for quite a long. the dog never left him. almost a half mile away from his home in atlantic city. they found him. >> jesse: way to go everybody. that's it for us. "special report" is up next with bret. >> bret: all right. thanks, guys. good evening. ♪ welcome to washington. i'm bret baier. breaking tonight for the first time in u.s. history a former or sitting president has never been arraigned on criminal charges. donald trump appeared in a manhattan courtroom this afternoon. and we now know the indictment contains 34 counts. the charges are for falsifying business records. we have a statement from the former president as he was liinof