all right, quick programingau note.di we will be doing a livencee audience show tomorrow, and thursday this week and are in studio guest jimmy fallon, kayleigh mcenany, tommy larin, dagen mcdowell, kale, tammy bru, sarah carter and surprise guests. you want to be parll tamtts the audience? go to hannity. .com tickets are free. hannity, .com all the time we have left. the tim please set your dvr.e never miss an episode. in the meantime,. let notr neve your heart be troubled. >> why? episode n here's laura . b i'm laura ingram . this is ingram angle frotroum: washington.lain graham thistonight. well, i'm a former white collari criminal defensete lawyer. might no t have known that abouti read me. and i read the entire 16 page indictment handed down by leftdt wing new york d.a. alvin bragg a and here's my reaction. just anotherer political hit jo under new york state law is a felony to falsify business records with intent to defraudl ,intent to conceal another crime. >> that is exactly what this ab.

case is about. >> laura: well a blatantly false a blatantly false statement. here's the onl y thingin ifn lawyers need to know about this case.ft if after the twenterytion twenty election, donald trump had announced that he was retiring from politics,indict alvin would not have indicted him.ed or let's say if after 2020, trump had gradually evolved ind his views and maybe became more like romney or one of the bushes in that case,ve ind alvin bragg would not haveic indicted him. the real reason that donald trump was bookedngerprin and fingerprinted today comes down to one simple fact. wrong he has the wrongs political views. now to the entire class of politicians and media figures who cheered the proceedings today. donaldding trump represents an existential threat, a threat to the regim thee that's run our country into the ground fort decades, a threat to the credibilit tibility y the mediae calls out relentlessly. but most significant of all,um another trump term is a threata

to the bidenth family and theirl nonstop griff machine.ei alvin bragg is more like alvin bag because he's nothing but the bag man for the whiteen runse, hoping his reward comes when he runs for, let's say, governor as the trump slayer. right now, he's justthe the middleman for the dnce to and the illicit scheme i to interfere in the twentynter twenty four election cycle. and his astonishingly thin shall indictment, bragge allegesin thn may have attemho may have now, i say, may have attempted toe it interferhee in the twenty twenty election or may have violated state election laws tha by allegedly ordering that former mistresses be paid off, then concealing the reimbursement of those payouts. rsement now, in a few moments, e going to be talking with thee former chair of the federale election commission. he'll explain why the fec decided against pursuing the case on similar grounds. >> but as we suspected last th

week, the question bragg left everyone asking today is ,bewe'r where's the beef? here's we're going to run into legal problems because s the indictment does not say what that second crime is ,ly il which is completely inexplicable. e to mto me. dee entire point of an indictment is to tell the defendant, here's what a charged with throughputs. he said federal campaign election law. but this is ne hw yorke eral st he said state election law. net but this is e soa campaign s fo president , which is a federalis caoffice.nt whi and there's literally one word about this in the statemenchs t said something about tax, but they didn't take a deduction ofd realidn' questions about this disappointment. it's hard to imagine convincinog a jury that that they shouldid get their one source said totru. me, this is donald trump.in you don't bring a knife to a gunfight. >> i had hoped tha mt therore wd be more in the indictment. >> translation this case is a dead dog i n the middle of the road.haomeone have someone come pick it up and give it a proper buria l.

but the portly d.a. trieday and to sell this case today in an certainly engaged in some stand up comedy. >> these are felony crimes. whu new york state, no matter who you are, we cannot and will not normalize serious criminal conduct. >> what normaliz >>e seriousffice criminal conduct? is all his officev e ever does.n like the case for him over the weekend where a parking garage attendanta ma saw a manfe casing the cars in hisd garage, he confronted the suspect shot the who then pulled out a handgun and shot the parkingarking attet twice. d th the worker, moossa daria, wrestled the gun away and shott. the suspect in the chest. now,n a real world whereght i tend to live, the worker didt. the right thing. murde but in the brad world , the parking attendant was charged with attempted murder along with the actual criminal . this is insane. greg finally backtracked and announced only after public outcry that he would not

prosecute. have, t >> but, you know, we would havea if he could have. the damage has already beedydono done. really >> but you really, really know this case against trump is like a leaky roof when even mittg romney throws shade atth bragg. romney saying that braggeand hi is trying to fit a political agenda and his overreacherreac s a dangerous precedent for criminalizing political opponents. >>inlitical well, the one goodg that may come out of this darkll chapter, though, for america will be what happened to justb tonight as state bragge laws were state legislatures decideee to incentivize state or state ags from using their positions p as bad and battering rams against individuals and corporationsos simply to feather their own political resumes. these laws would bar the state ags of the d.a. fromit running o for governor , let's say, for a at least ten years or maybe ever think about the history in

new york alone, where hypera al political prosecutorons use their office to try to advance their political careers if scandal that hadn't derailed in former state prosecutor turned o governor eliot spitzer might have made itr tu to .er they were talking about him as president and in two thousand for the elites favorite magazine, the atlantic dubs spitzer the crusade and proclaim that he was the future of the democrat party party. heaven help us . the bottom line is this.s brag brad's brand saga is yetg another urgent warning that we must have a federal criminal justice system thae syt americans of all political backgrounds wi whatust trust to do b is right, not one that will deliver political dividends. ticaeither for his party or for. personally. our justice system at every level should be the envy of the world, not a laughing stock. joining me now is david schoen, former trump impeachment lawyer and sol wisenberg, former

assistant us attorney and deputy independent counselww . david , i'llh start with you.o i don't even know wherethis w to begin tonight. this whole thing is such a disgrace. ho ibut this indictment, as you read it all 16 pages,, represens represents what it's shocking. i cannot believe that thisttorn district attorney did thisformer to the country to indict a former president based on this kind of theory. i also read the 12 page statement of facts that accompanies the indictment,e and it only raises more questions. the indictment clearly is deficient from a due processr perspective. mr. briggs said , well, they'll producocese evidence at trial.sl this is all they have to do is track the language of the statute. the absolutely not true.. the fifth and sixth amendments require, as a matter of duet they process, right to counsel, etexl cetera, that they be toly d wha exactly they're charged with . the target crime here is absentd from every count o yf the indictment. and you read the statement of facts, they imply it couldthe a tax charge, could be a federal charge, could be a statedefens charge. esldthe offenses would be all

different for each of those. the defense cannot prepare fles a defense unless this is a fleshel of pard out in a bill of particulars. so that's another thing that's going to be filed here. in addition to the e filed heretion to that wthreed earlier. >> but i'll tell you this, thiss indictment opens so many defense opportunities to the defense for broaord discovery. , th if you take, for example,nz boo the pomerance book that talks abouk t the deliberations, f li ordinarily those things wouldmi be off limits. the deliberationths within a prosecutor's office.t but pomeranz tells youpomeranz t ells youhow michael cohen's crey was questioned by bragge, s crby miss lozano, the chief oc the economic crimes division bureau over there. es bureau over thereso i think f is opened up. i think there's been a waiver this case offers tremendous opportunities for creative was asked i ers. now, saul, alvin bragg waske asked, i thought the key question at the press conference that i watch this, that there were also business

records and another crime, but is not to say what those crimes were. we are assuming perhaps that they might be election related. i'm wondering if you cang if >> let my what laws were broken. >> so let me let me say as an initial matter that the indictment doesn't specify that because the law does not speae saw the law does not require me to do that. is that an adequate responseison given the defendant herese? e re it isn't an adequate response. and , atere wiointed outsp a minimum,ll there will be a bil of particulars. so he will havto e to do thatprc before too long as a duees process matter. and i diand i did see i did wats whole press conference and i pai thought the whole press conference was pathetic. c. been saand i've been saying ' a few days now, don't focus on the number of counts, focusea on whether or not there's anyg h real substance there. is this something that

is substantively or procedurally weak? does it seem like relatively o minor crimes or not? and i was frankly shocked atyouw how weak this indictment was. you know, you look at the first s all the samet' date, essentially, and it'sent a lsfour different counts for four different false entries. but clearly related to thee same transaction. this indictment could have been rendered in far fewer counts. and mr. bragg did say whenag questioned further about whatben what law was being violated, he mentioned a state law that yourb can't conspire by unlawfuly means to promote o means to promote or harmof a candidate. well, if, first of all, if they're talking about violating federal election law, is i think a later guest is goings to explain. that's ridiculous. there's nono vio violation of fn election campaign law, but that that statute that he that he cited is a misdemeanor that mr.

bragg cited, conspiring it promote a candidate by unlawful means. it's a misdemeanor a. st so he's using a misdemeanor, bootstrapping it into a felony. rapping itby saying it was it we the false entries werealse to obstruct another mis misdemeanor. and the whole indictment reads a that way. ndctment readst i was just i wa. >> another fine product of harvard law school, i will say. all right, david . andrew weissman, a good buddy of both of yours. he had a comment about everyonet should just calm down about how this couldn't result, perhaps in a conviction n whatyo the jury could be charged that if you don't find the felony, the bump up, that what's calledc a lesser included offense is the misdemeanorlufense is. the fact that it's n the misdemeanors are not charged doesn't mean that the jury doesn't doesn't allowed to consider them. >>ok okay,ay so david , the president of the united states could be charged with a bunch of misdemeanors with as ag

with unpaid parking tickets. here guess that's weissman's conclusion here.ly. >> w said ishat he gambled garbaged garbage. listen, i have personale. experience with him, i ha hatei ha, and i to dignify any comment htee maks with the response. he's the single most ethicallysn bankrupt prosecutor i have ever dealt with in my life. and what he said was just meaningless. but he's been after donaldingles trump for years and yearss.n af trying concoct a theory, as he did with other defendants in the past. he and noroct a m eisen have mat a career to figure out a waye te to get donald trump. >>it and as i say, it harkens jy back to jerry nadler, who made the most irascible possible a pb comment of a public officialli i've ever heard when he said we can't trust the electors, we ge can't trust the voters to get >> lof donald trump. >> that's what this is about.av it's all i have to get your response to the renowned legal mind at cnn. >> dana bash. we have to potentiallye differentiate between the letter of the law and the spirit of the law. f e the actual case might be had

to prove.pr nobody is reallyove. no said , oh, no, t michael t do it. we know he he did it. according to michael cohen. t da sold the question is whether or not donald trump will be foundue culpable under this new york statute. >> okay, when they start doing the letter of the law or the spirit of the law. >> so where does that usually end up? tthat's that special statute.no >> you shouldn't you shall not violate the spirit of the law. e >> you know, the you know, it's like there's an old there's anfr old prosecutor statementom. maym when somebody gets acquitted, you may not do the time,t but you're going to take the ride. and that's what her that's basically what she's saying. >> yeah, well, i startedersus le listening to spirit versus letter. >> i'm like, okay, trump had a good day. all right, solin, david , thank you both. i donald trump windo wins again and he knows it. tho and i never thought anything like this could happen. ppenin america. never thought it could happen.

the only crime that i have committed is to fearlessly defend our nation frn from those who seek to destroy it. and now this massive election interference at a scale never seen before in our country, beginning with the radical left, george soros back . >> prosecutor alvin bragg of new york , who campaigned on the fact that he wouldet pre get presidensit trump. . >> i'm going to get him. i'm going to get him. cas everybody that has looked at this case, including rhinos and even hard democrats, say there is no crime and that it should never have been broughtt . in fact, today's events seem to have more energy in many ways than even as twenty twenty four announcement, if you can believe that. but nocement id t everyone thous the speech was newsworthy right now. >> right now the former the former president himself is making remarks tonight fromwe

his home in florida. as far as we can tell him, whatm we were prepared for herpaein wi chis that this is basically a campaign speech in which he is repeating his same lies and allegations against his perceived enemies. so our dea is that wer the will monitor these remarks.if h >> if he does say anythingsa newsworthy, we will turn them around. >> laura well, there's a reason that rich and the rest of msnbc didn't want you to see trump'syo remarks. not only are they embarrassedno by how flimsonlyy briggs indicte was, they knew trump would use the remarks to tell the truth about his chief political rival as well. l world is already laughing atug us for so many other reasons,n like our open borders, our incompetent withdrawal from afghanistan then or give up crie on energy independence and crime statistics. if you look in democrat run cities, numbers, the likes of seenwhich we have never seen before, the open threats by various countriesriou of the of nuclear weapons and economy

that has been crippled by the biggest inflation we have seen a in more than 60 years. and a military that i usedd to to defeat isis to kill al-baghdadi and sulaimani, that is now on woke at the top levels. >> now, this will be a political boon, at least forr now, for donald trump. >>dona he's built his lead in hd to heads against other likely gop presidential candidates.pole and polls show that most americans thought this bragge deal was politically tainted. well, this hurt the credibility y hein the other two probes hang over trump's head. maybe we'll know sootwo probesns but it's clear that fooor at least half the country, the democrats are more obsessed country are more obsessed with hunting donald trump than they are with with hunting donald trump than they are with turning around our economy or strengthening our position vis a vis china. c. my friends, biden's ou t my friends, biden is out of gs and the nation could be too, enven what he's donegiven wh tor energy independence.denc so biden is trying to holde.

on to power, hoping that one ofy these investigations pays offe n for him politically, doesn'ttr a care about what it does to the country or what it doedoes ts te but credibility of the justice system. but as usualas, e bi, the big gs party cries trump corruption just to cover up their own.g men >>ow joining me now is thatris e ryan , american majority ceodf chris bedford, common sense society executive editor, as well as miranda devine, as we "new york post" columnist and fox news contributor. this is kind of soundsibut counterintuitive, buor.t i don't think the day really couldday re gone much better for donald trump politically. p and it started with his arraignment. that's an insane thing thong to contemplate. but what did you make of president trump's remarkt s and the tone of his remarksght? tonight? >> well, i think it's exactly what we thought it would be . he is he's a fighter and inn co complete defiance of what's defi. place he's right to do so. lvery begin i mean, i think today, laura marks the very beginning.

this is the first day of late stage republic in which the american left has decided ts to use the law as ae political weapon against a politica pl opponent. red in response to that, thankfully, donald trump stoodak up and said, i'm not going to take this lying down. >> and i think it's actually a k it beneficial day. and i don't think it's's a a temporary bump , laura . doubl i mean, he's gone to double digits in the primary, 10 million, i think, since the indictment came down for his campaign. and the left wants to stretch this out to the hearings in december. of this year. they want to stretch this out. and i think what that actually is going to do is not give him a temporary bump, but kind of freeze the primary for eight or nine months in which donald trump is going to be front and center. he's put himself in this position in which he will be perceived as a martyr. he'll be perceived as somebody who's championing, you know, bill of rights, freedom of speech, rule of law. all of these things, i think, is going to freeze the republican primary. and i think people need to start accepting the fact that i have a hard i have a hard time believing that

donald trump will not be the. nominee in twenty , twenty four . i think this is almost solidified him in that position. and miranda, that concern, i think a lot of people have, though, is the system's ability . this regime system has the ability to bog you down and distract you. i mean, he he railed off the litany of biden's failures tonight brilliantly. i thought that was a great really compendium of of the failures of the bidenth administration. but these cases and thesees investigate actions do take an t enormous amount of time to go yd over documents. got to look at exhibits.o have o i mean, you do have to prepare fo r this stuff. are you concerned about thatverh aspect? inatgiven everything that we've seen so far ? well, yes, of course, laura . this is a deliberates it's a smokescreen to keep donald trump in the news, tied up with a succession of legalinto

political prosecutions from now into the election. campaign. and of course, that justt completely buries any of, th joe biden scandals, the corruption scandals that the are being uncovered more and more by the republican inenty m the house. i mean, bombshells alreadyoran and plenty more to come. and then, of course, the scandals of his own incompetency and sort of ideological administration, ad from the border crisis, crisis, the economy, l th the afghanistan withdrawal, the ukraine problems, all the problems that his administration has juste gets get buried. and in effect, he gets to do t what he dihed during the twentyi twenty election and hide in the basement.ment they cal.l the lead today athinb two o'clock or something becausecise joe biden is just g to put off. whetllot going to announce now whether he's running in twenty , twenty four until the fall he was goint g to do i.

now he just wants to sitd back and watch while his regime media just demonizes donalda trump and beats him to a pulp. so unfortunately, the whole country is now caught up in this drama. s and it is good for donald trumpl because now it's shown in realee time what they've been doingen for him for the past six or seven years. but it's ironic that he's beingi charged with interfering in e the 2016 election. when they're doing that, when we the charge itself is intervening in the trial. >> yeah, exactly.yeah and they wan.t to choose our nominee with the they wantru to choose the republican nominee. and they and they think ifbl a trumnd trumpp ends up beingp the nominee, they'll have cut him up so badly that he's wounded in the eyes of the suburban women out there, who , you know, you haveyou ha over some of those suburban women in order to win the race next time.orde all right, chris ,e ne tim msnbs that trump could be a uniquetchh threat. now, watch this.is safe b would you feel safe being

on that jury?u feel can you feel confident that cdo donald trumpnald or his team mit not talk about your identity? or release details about your identity or do something that might in some way threateno your own life? >>ur chris , that is nbc news chief, washington correspondent speculating. oh, yeah. senior correseculatin washington correa speculating thatting the trump m is going to dock's the whole jury. this is all they have now, just pure speculation, which is so ridiculous after what happenedal to brant kavanaugh's. pur >> yeah, this should be a veryeo happy day.n which after what for for the left, for the resistance with their press badges and their cameras over. there, but instead is veryy uneasy. they have to come up with a whole new crimes. the idea that maybe donald dona trump's going to threaten the jury. i meanthreaten, imagine being do trump with a jury there in that afw york city put put together for you. that would be somethingng to actually be afraid of. but instead of being today happn

today, a lot of liberalsd and democrats and their supporters in the medi ia are extremely uncomfortable. alvin bragg failed to even the ince a laptop class his case looks to be extremely flimsy. e lojust like the mueller repor. ou the the charges he brought out t seem to have really come to nothing at all hinged on an election law that is so flimsy a he can't even charge himn charge with it. the problem, though, for it,ican r in general him the american right inige the united states is that alvihat there are so many,uniteh alvin .gs, this guy is nohet a 'sd chess 3 player. he's not some galaxie brai-dn. he is a mid-level midwich. he's and there are so many like that. there are so many lower learners out. there are fbi captains who are willing to order raids th pro-life homes because they believe in their hearts that they are right, thaeytrighe r sidethe other side is absolute evil, that they'll never be punished, which is generally true. generally true and and they're willing to wield that power. you almost never see that ina lo the right. you see a lot of hand-wringing, a lot of mumbling abouts principles, this or that. but the left over and over again, even with done things w like this, are willing to wield power against their enemies.righ >> and that's what we'recould witnessing right now, that i could not agrenoe with . point

the more, chris , and this t isu good point to raise with you.the i mean, the democrats go witha brass knuckles. hardknow, trump's a fighter, too.ch they' so he hits bacrek at them hard,. which they're not used to . liky chris is exactly right. they're used to the kind ofusedt the velvet glove treatment fromt the mitch mcconnell's side ochf the aisle.si but but in this casef th, you he a focus on getting this man sto. and getting him again f and getting him again.in they're not going to stop. right.t th and we find ouatt tonight thatbc the wisconsin supreme court flipped and became controlledgo by the democrats.o there was that one race thatrepc they thought might go to the republicanant.. republicans lost that. so the republican party hasus enormous challenges even inreatd the headwinds that the democrats have created w some this horrific economy.e so youwhere. got to get more voo tesome somewhere. you've gotpo to get the votes in order to have the power. democrats last election in. the midterms had the votes, more votes that they thought they were going to getey tho. ah >> sato still, there's b two things, law that the republicans havew an to do between now and then.sured de first of all, commit to

mutually assured destruction . >> the democrats only understand brute force. and if ublican republican and ags will not use their tactics against them, we will lose. em c they only understand if wes puncwhh them back harder.e ot that's what they understand.a ti that's all they will respondk's, to . but the other thin wg that i think is important, we need to actually figure out ve the democrat perfes have perfecd a ballot out ballot in machine and we figure that out. a lot of this a lot of what's ba taking place this yearall of with this donald trump and bragg and all of that, i think is really kind of distracting us from the fact that we should be putting ining the work to do everything thatts we can to actually chase ballots, not votes in twenty , twenty four . >> and unless we focus on that, we will lose>> laura: . y su >> well, wche have to we have to actually win by such a big margin margin, . even if they cheat, republicans still wimeann. i mean. right.ative i mean you have to win by suchs, a big margin if you're a conservative today that you maci know, they can't say, ohne well you know, this machine broke at

eight o'clock or whatever . it won't matter. big so i think that's the bigeat to challenge. your panel s, great to see all f you. >> thank you.s thank for the indictment itself. >> the it itselfis is boilerplan it doesn't allege any federal crime, any state crime that'sse been violated. it doesn't allege what the fals e statement is . a state prosecutora fede is prosecuting federal election law violation. that doesn't exist according to federal election law officials. e w officials. it's as simple as it's as simple as that. right >> now to campaign this point is right. the fec decided not to pursuee a complaint against trump for cog campaign finance rules. so why is alvin bragg joining me now? vimpaign finis a man who undersn brad smith, former commissioner and chairman of the federal election commission. brad , a lot of people hear the acronym fec and their eyes tot you're reallylaze in the spotlight with this this case going on and you said this is all based on a misunderstanding of federal campaign finance law.d on can you explain it in layman's terms? audience? >> sure. i think with the prosecutor,

dors attorney , let's start over. i think what the theory is , is that the federal law says that anything that is made, any expenditure, money that is made for the purpose of influencing an election is therefore a political contribution. and thus president trump had to pay any funds to stormyaudien daniels with campaign funds and reportce them as such.ecutor but the thing is that key phrases for the purpose of influencing an election. but that doesn't mean the subjective intent of the spender or the donor. in other words, if i think that it would be really useful to help president trump win the election, by making a contribution to the national rifle association right. that's not a campaign expenditure. despite my subjective intent or to put it in the candidate's term. if a candidate says i need tha to have a really nice looking ay suit for the debate and he mad spent so much money on a suite he would not normally spend,l that doesn't become a campaign danie expenditure. it's still a personal

expenditure. as such.king at common sense would wise, then that's before wbeeid get back into the technicalities of law. so you're a persontrelectionby c you write your check for, if the twenty or fifty or five hundred dollars, whatever you can affornddidate to candidate. do you think you're writing n that check to paeed todebate ape to someone? and the answer is no. wru're you think you're writing thatit check to paye your che whateve and that sort of thing.toan and that's whad t the lathwu'rew riprovides. e law provides, the supreme court has long said you can't have a subjective standard in campaign finance . it needs to be objective. have and so we look a st it and weeet say, would a person who is not w running for office do that?ok au i mean, he might not buy a twoo heousand dollar suit, but he is going to buy clothes. so it's not a campaign expenditure. he's we might say he might not otherwise pay for tooth whitening, but other people would say it's not a campaigng u expenditure. camp what is a campaign expenditure? a tv ad that say s vote for me. nobody buys that unless you're running for congress.nl >> so justes just i mean, so ths is so this doesn't eve.n reallyl come that close.ly but cnn has a rationale as to

why the fec didn't charge trump. watca rationale h on the federa. >>ey they said they declined abll before they they they have written about it in a memo, but they declined to prosecute atbe first because he wascaus p president and then effectively k because they had other things like the insurrection that they were trying to do. tion thatrying tthey never decld to prosecute because they didn'e becaust they didn'ty that the law didn't apply to trump. >> is that accurate?ha >> well, it's true that they didn't decline to prosecute because they didn't sadn't dece y the law doesn't apply to trump.w applies of course, the law appliesto to trump. what the is that? the law was not violated.vi atol leastated there is nott le a majority on the commissionas to find that there is a reasones to pursue that.o and again, it goes back to thisa idea that not everything that you might spend that mightrythin influence a campaigng meets tht statutory definition. statutoract, it's worse than that becausey it's actually illegal to spend your campaign funds for those

type of things that benefit youatios for obligations you might have mi run forexampldidn't y office. and let me usee one more exampe here. suppose your busines as person,s you get these lawsuits filed against you, you say i'm goingyy to run for congress. yoou sayu go to your corporate attorney , you say, i want g these lawsuits settled. he says, no, they're bogus. we shoulwant td go with him. and he says, no, no, i want to settle. so they're not a campaign issue. right. yo sayu can't pay for that with campaign funds. it's still a business expense. settled sot the purpose is to influence your election. >> so that's the importantsue. difference. all right, brad , you made it all clear . i don't know how that couldcampf be . and i don'unds.t blame you for e really knowing how to refer to alvin bragg after this performance.al to refer to alvin bragg after thitoday. so y, so you're totally excuse brad . kind of a prosecutor, harvardcuo law grad. oh, all the digs ar t harvard.hd i don't knowig why i'm doing that. >> brad k you. great to see you.reat s ifee you took the five worst fi presidents in the history of the united states , and added them up, they would not haveey u doneld near the destruction to our country. as as joe biden and the biden

administration have done. l of i >> with all of this being, said and with a very dark cloudk over our beloved country, ove i have no doubt, nevertheless,t, that we will make america great again. >> joining me now, two mening me nwho are in that room as it happened, florida congressman brian mast and congressman mac gates. gates also serves on the house judiciary committee. all right, congressman gates, what can you tell us about how the president is feeling tonight after what wasittee. obviously a historic and ridiculous and yet somehow very revealing day indeed? it was a long day for the former president , but it's a long day for the current president if he just takes a stroll around the rose garden . donald trump has a renewed sense of focus. he knows how high the stakes are in this election, and heowsf knows that if he doesn't stand

and fight, the american people are next. we are t nexhet on the menu forn a corrupt system that has beenaz weaponized and wokede and dangerous to our country. and so i didn't sense any doomea and gloom. there was greas t t energyenergd the room and the campaign now r takes on , i think, a renewedd spirit and energy and vision that we're all very excited for congress and masked tonight. >> speaker mccarthy tweetednigh that alvin bragg is attempting to interfere ispn our democratio process by invoking federal lawb to bring politicized chargesarg against president trump frags weaponization of the federal justicent trum e process will be held b accountable by congress. does t congressman masked, what does that actually look like holding a state d.a. accountable? cases so in a number of cases,e's there's been moneys that havbeee gone to the state of new york . that's one of the places thatbu we can look at in congress. othc but there's other instances of o department of justice and othero

agencies that we have to look gt at and say they're not going to get a dollar of taxpayer funding. and that has to be t the wayha t we attack this. congressman gates, when when you look at the full scope ofco what's happened to presidentgae trump since 2015, what is that?c what message is being really told to the world aboutd about america's criminal justice system? america'given the obsession witt as the president said tonight, gettin saidg trump until this >> until this episode of america had moral the worl authority throughout the worlddt to be able to push back against despots and dictators that were jail, their political rivals and their predecessors. now, americals and enters a newa and it's a diminished era.a and it's one that i know president trump personally, deeply regrets fory the sake o our country, even if it's goodcn politically for the campaign. ah you heard president trump talk tonight about how the worldd vi would viewew

america going forward. that is the true biden legacy. n and it's a very dark one .ressma congress and most i believe the democrats are going to try to ride these investigations all the way through the fall. of twenty , twenty four to try to distract in many ways from am how congress aims to get laws passed. mayb get le tiktok or somethinge thher things that they can get some bipartisaeyn agreement on and hold democrats accountable. are you concernet on, and that t distraction game will , in fact hurt republicans in congressional races or senate races races? goingoing into the fall of 2024 they're going to always be down ballot effects to anything that takes plac anythine. but i think whatting i they're calculating here is wrong. they're not showin g a blind justice system. they're showing there's republican justiceice system ann democrat justice.to and they're going to make the united states of americae tf entirely about politics.e and if you're not on the rightno side, then they're coming afters you and that's not going to play out the right way for

them. and congressman gates, out in a campaign like 2024 , i think it's a lot like 1980 where the country was in such bad shape and reagan came in i and his message was, i'm goingis to turn this economy around.m gn he didn't complain about the hippies, the 70s or the anti-war movement or the vietnam war. failures.ar he didn't talk about they talk about i'm going to turn do you agree that pri'. do you agree that president trump, if he's the he'snominee, it has to be about oh turning america back ? g oh, you're going dark. they're whatoing are turning the lights out on either. but do you agree that it has b to be about the economy? about the economy? no. t the first ti no denying that. not the first time they've turned the lights out on me. li mar-a-lago. what i can tell you, laura , is that this must look so silly to americans who are struggling to make ends meet to pay fors groceries and gas. noen you seed gas when it, caren jeopardy now because of s thousands aneconomy. layoffs are coming in the tens of thousands. and now you have the formern on

president being called forward, not even on a felony, butally really a a misdemeanor in drag t best. atk that says a lotng more about the people bringing these charges than the does about donald trump. pivot but president trump has to pivot off of thisf to a plae of vision and positivity and american drive much like we saw from reagan in and american drive , much like we saw from reagan in the 80s. yeah, i agree. 'agree and ruand ru n on energy. going to i'm going to here when i'm president. your gas is going to go back to tw0 o dollars, 20 centse a gallon because we're goingll d to drill where we can drill take the cuffs off the oil and we're going to take the cuffs off the oil and gas industry. congressman, thank you both. hrs all right. joining us now is chris swecker, former prosecutor, former fbir fom an assistant dit chris , i want to brinhig this all back to this fundamental concept of equal justice under the law. okay, that's what we all thought our criminal justice system was based upon, that based upon, that eternal eternal principle. ci but when we read about theseple. brutal attacks, sometimes now happening in broad daylight, ind

new york city and baltimore, in chicago, yet these criminals walk away scot free. one career criminal with 90 previous arrests was just let out on a dollar bail. for a felony robbery case. one dollar. so given all that that's happening in new york , how dangerous is it forhappen the country to have so maniny of these soros supported prosecutors apparently just focused on what their nextto political position is going to be instead of lockingbe up real criminals? >> yeah, incredibly dangerous. that we learned in the 90s how to reduce crime. and that was arrest bad guys.p f i mean, there's a small group of violent offenders, dvic recidivist offenders that are responsible for a disproportio n yoount of crime. you u get one of them offthe st the street, you can preventre prevent 40 40 or 50 victims. you'r but if you're not willing to prosecute them, you know,p just like in new york city where crime is up in every

category, 50% of these cases, felony cases are downgradedy to misdemeanors and then he only wins that office only wints . 51% of the felony case remais t, remain. they've lost twenty nine or the only one .f 29% of their misdemeanor cases .s are they get an f. and these bad guys are still running around, out there. excuse me, nypd is having har a hard time. you know, they're not going to arrest people when they take them into court and they o get dismissed or the cases get lost in court.n co and that contributesd incredibe increases in crime. and we're all less safe becaus less se of it. >> i mean, the subways inreet new york , the streets in broad daylight and midtown, it's not in the areas where people used to think, oh, that's not a gooda area to go ibon. people are worried about walking everywhere in new york . that's a that's a totalby disgrace. by the way, alvin brag the alvig on the issue of repeat offenders.e sp he spoke last year at an event where al sharpton was featured.p

>> watch that. he did so to cover up crimes relating to the 2016 election. donald trump, executives at the publishing company american e media, inc., mr. cohen and others agreed in 2015 to ahn catch and killd scheme that isa scheme to buy and suppress negative information to help mrmp's. trump's chance of winnig the election. >> all right. that was a different sor rightt obviously sound bite.sound bite. but, chris , that was obviously abouuslyt the indictment, wherem again, the underlying criminal inactivity that would make these thirty four counts actual felonious actions. again, not mentioned in the indictment, just variousd. theories were floated. n i call it the frankenstein indictment. you take you a state misdemeanor statute and then you graft itory on to tr ty a grafted onto

a felony statute, had some electricity and you get the frankenstein. >> i you know, i don'tgree i agt with all the legal scholars that you've had on fox. go this casge the fe is notir goint past the first couple of motions. and i bet it's ten to one . i'd put money on it that it'll never get to a jury. i think the d.a.'s on trialin here.that's and i think that, yo goiu know,g that's that's going to be- the real he's had his - 10 minutes of crime i'm sorry. ten minutes of fame.s of fame a think he has to go out and now i think he's got to go out and be a real lawyer and he's going to have to face up to trump's twenty two hundred dollars an hour lawyers. and i thinhour lawyerk going to ripped to shreds. a i don't think he's a real attorney . now, thireal attorney. s is just another this is another embarrassment for the democrat legal legal complex. chris , great to see you.chgr thank you.ea now acting new york supremert court justice one murcheson is thejustic judge presiding ovr trump's case. so what do we need to know about him and will hery eventually try to muzzle the former president ? al thel the details on that next day. >> they're hi, i'm mike

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to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities™. the title. did you know that today was noto judge michon's first caset related to trump? jua fox news national t correspondent nate foye standing by live at nathe courthouse with all the details. >> nate, foy liv hey, laurie , d

evening. yeah, just just one more sean. the same judge who presided over the trump organization taxr fraud triachanl resulted in a oe point six million dollar fine. and the former cfo, alan weissenberg, serving a five month prisofon sentence. also the same judge involved in the steve bannon case right now. the judge did not impose a gag order today, but warned both sides not to incite any violence while speaking orot posting about this case online, former president trump pleaded not guilty to thirty four counts of falsifying no in the firsts degree. justice mershon allowed pictures to be taken of formerd. president trump in the courtroom but did not allow video cameras. trump the former president postd about justice machon on truevi t, quote,d hig, in par the highly partisan judges and his family are well known trump hatersknow. pr he was an unfair disaster on a previous trump related case. ca wouldn't wouldn't recuse, gave horrible jury instructionse witc

and impossible to deal with during the witch hunt trial. hi trial.s daughter worked for . and now the biden harris campaign kangaroo court.ourt here's trump's lawyer, joe tacopina. talking about it.client my client ha hs a right to havet an issue with everything he's been politically persecuted. i have no reason to believe this. peason - been before him on this matter. so >> so we have to let thist th process play outis. you can expect several legal challenges from president trump's legal team, tacopina said . tonight on "hannity" that he doesn't even expect this case e to go to trial. but ift it does, the prosecutir wants that to happenosec in january , which is right at the beginning ofimary republican primary season. as for the next court hearing,a set for december 4th, when city, president trump will come lback here to new york city, thank you so m up on eight may. this is insanity. >> allthank you so much. all right. nate mentioned that no gag order. the judg makine warned trump ab making social media posts thatth could incite violence or engage in conduct that could jeopardize the rule of law.

ce or jeback with me now, the ll eagles, david shewn, former trum schoen p impeachment lawyee and sol wisenberg, former assistant us attorney and deputy independent counsel. david , as we saputy indw with six , the standard for incitement to violence is very fungible in the eyes ofange rothe left. us prece so how dangerous a precedentg oe would a gag order be , a caselie like this where so much is on o the line, only the future of>> y the country given the twenty, twenty four stakes? >> yeah,ea a gag order i think k would be completely against the public interest in new york . l >> law is not terrible. his, gbackon this. cas >> you go back to nineteen eighty eight . there's a case, "new york times" co. versu sdge rothwell's, which the judge tried to gag the lawyers in the case and. to be and the court very clearly suppd said that any such order would have to be supportedd , detailed findings and cannot be overbroad. we have to use the least restrictive means and only curtail speech. that's absolutelail spee y it goesi want to the integrity of the system.u i want to tellgh you one thing, though, about that.e.

the matter of the judge beingknw assigned to this case. you know, i the banner says m trump impeachment lawyer. for me, that was an honor,e thonor a great honor. utfor me. right bus t i've been a civil rightseh and a criminal lawyer my whole career. i represente d the democratic lawyer l party last year. i represented a socialist candidate foasr president . i enty , twenty . i am concernedam about the integrity of the system. i'm concerned about process.obe judge's a realm problem here that this judge was assigned to each of these cases.practiceo this is an historic practice in this office that wasff commentea on by a report 2002 by a new york city bar.ity complained top criminal lawyers in the city complained about this judgis judgetice.e shopping pra the case. they lost a case challenging it, buchallet a federal judge sn the frank and frank and leo case, in two thousand four that the impartiality and the appearance of impartialityof of the system is directly at stake and is at risk by this kind of judge shopping process. at that time, the d.a.'s office promised da' they st they had si and the process was assigning a it, picking a judge to don keep preside over the grand jurinyude and then keeping that judge for

the trial. it's absolutely tears away the appearance of impartiality . vy import >> and that's a very importantan process. question saw some in qu the media are claiming that this case,mina even withoutse the particulars n the indictment, would be what the founders wouldld wanted. >> but this is totally unprecedented. unprecedented in our in our history, but it is nothir out of character for our history. and i think it'si really important to understand that was happening today is ver happy much in line with what the founders envisioned saw whe when jonathan alter is citing the founders, grab your constitution. >> their response to grabs your articles of confederationn . we're in real troublthe when tht when that happens, i don't know what on earth, what on earth he means by that. it's it's so ridiculous. as is even the matter of

history. the foundershi, as you know, wee quite partisan and , you know,e the federalists went after the democrats with the alienistens addition act and thn jefferson turned the tables on him. so it makes absolutely no sense. it's kind of akin to dana basht. ,spirit of the law statement.d but david makes a really good id point. it is not i don'ont know't kno r or not this judge is is biasedtf or not. he seeme hd to giso out of his y to to show that he didn't wante to issue a gag order. but i know that the appearance, the appearance of proprietisy is very, ver iy important.e shot and every judge should think about this whe n he or sher decides whether they should stay on the case. >>th case. well, david , one thing struck me as potentiallyng t concerning tonight, and everyone knows i alway, ans speak my mind on these legal issues.. and i thought trump speech was d really very strong in tone

and speech was it was factualy. on what biden's done to the country. buentionint in mentioning the or case, which is the documents case and going into some some detail about that casey and makingdanger comments aboutt case, is there any danger in litigating that separatethis investigation while talking about this investigation? or a hm i being overly sensitiv, here? no, look, you've made a good. point, i think. but i think president trump feels under siege with these cases. he sees them cases. as they are simply an attack on his candidacy and and all part of one sort of bundle of attacks.so he' and so is frustrated. and he's talking about as he feels appropriate, talkingr about these other so-calledsoin investigations. th and it's a shame because, you know, obviously a goal is to distract him from the real sp tk issues. ing >> and as i've suggested hi, he must keep talking aboutm an the real issues. >> that's what people wanto fi to hear from himgh and his lawyers. >> if i e saw your reaction

to that, referring to thesey yo other investigations, obviously have the smith investigation on january six in d.c. and thee georgia investigation ongoing. k well, i think that if i were you asked me on here for legalo. and political questions, i think al l of thoset looked prosecutors in what looked like far more substantive investigations are not happy with what album bragg is doing ,because it certainly makes loo them look bad by association. >> david and saul, thank youl, >> my thoughts o both. my thoughts on what today means for the country going forward next. >> i can't believe this is how you kids talk to your friends. this is talking. did you have a nice day? look at the size of these butterfly shrimp shine normed shrimp. for what now? she's talkin g. we planned well for retirement,c

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. >> laura: tomorrow when the voters wake up, the biden voters, in new york and california and chicago, the economy will still be terrible. china's power will still be growing. and americans will still be getting poorer. now the regime doesn't care

about these things. they're already rich. and they just want to keep what they have. but what about all those people who voted for biden? sure some of them are going to be happy to see a political prosecution and persecution against trump. but i think most of them would like to get a better job or maybe buy a house or see their kids get a decent education or even walk the streets at night without being afraid. so arresting trump, it doesn't fix any of those problems. the only way the solve them is by replacing biden with a competent, strong administration that has enough popular support to get the job done. in 2024, we don't need these people to vote for us or to vote for trump or even to vote for populism. we just need them to vote for themselves, for their communities and for their families. because until we get a better government, they're all going to suffer.

that is it for us tonight. i hope you enjoyed our legal analysis especially. i like going back to the law, it's where i'm comfortable. thanks for watching. remember it's always america now and forever. we'll keep posting tonight and tomorrow on instagram and yes on twitter. and, remember, fly your flag fox news alert, former president trump pleading guilty, of falsifying business records over hush money payments before the 2016 election. the new york post today wondering is that it and says bragg's historic case against trump falls flat. ashley, good morning, you are watching fox and friends on a business wednesday morning. >> the former president immediately taking to the podium to trash alvin bragg and his entire investigation, watch. >> i never thought anythin