you dress like a lesbian, that's trouble. glenda and scott from dayton, ohio. how many pairs of shoesist judge jeanine have? ask johnny to find out. we don't need him rummaging throughout her closet. always remember, i'm watters, and this is my world. >> brian: we're awaiting remarks from former president donald j. trump. he's landed in new jersey, going to his club in bedminster. he's set to address the nation from his club. we'll bring you his remarks when they begin. they will be impactful. but first, welcome to "fox news tonight." i'm brian kilmeade. i'll be here all week. just hours ago the former president pleaded not guilty

after turning himself in to the miami federal courthouse. hundreds supporters took to the streets outside the courthouse. some even prayed for trump at a cafe that he arbitrarily stopped at as he left the courthouse. seemed kind of relaxed. the justice department is alleging, in case you've been in a cave, that the former president mishandled classified documents that included u.s. defensive weapons secrets, even an attack plan on an unnamed foreign power. fill in iran. 31 charges file the espionage act. whatever you think of donald trump's actions, let's put it into context. the espionage act is over hundred years old. president woodrow wilson signed it into law to protect the nation from foreign spies during world war i. most prosecutions involving the espionage act have been reserved for actual spies. even trump's worst critics are not alleging that he passed

classified material to russia or china, or anybody else. the espionage act makes clear that espionage is defined as this, it is information, quote, to be used to the injury of the united states or the advantage of any foreign nation. trump didn't do any of that. he is not a traitor. i think you can agree with that. but a new interpretation of this act simply -- seemingly emerged just a few days ago. a few years ago to be accurate, during the obama years. most of the prosecuted cases during obama's time have not involved traditional spice. instead they dealt with government officials who withheld classified information or leaked it to the press. that's very different than woodrow wilson, don't you think? then there's the debate over what's truly a classified document. according to "the new york times," jesse's mom really likes that newspaper, i watched his show yesterday, many experts believe the government has, quote, too many documents that are classified in the first place. the government actually classifies more than 50 million

documents a year, estimates that's 5% to 10% of those were a classification if you were to review them, but we've never reviewed them. we just classify and salt them away. now regardless of what you think of trump's actions, he's not the first u.s. government official to retain documents of importance. factor in hillary clinton. she sent and received classified email on her private email server for all the talk about trump being reckless, storing documents, near a bathroom, in a bathroom, clinton did the exact same thing. her private email server was in a bathroom closet at the colorado apartment of the you i.t. firm she contracted. trump is also excused of obstructing justice, something clinton is too familiar with. while the use of her private server was under investigation, an aide, justin cooper, destroyed several of clinton's old cellphones with a hammer by, quote, breaking them in half or hitting them with a hammer,

closed quote. brian pagliano got subpoenaed. he ignored the subpoena. is he in jail? i don't think so. remind me to check rikers. of course you'll remember when clinton was indicted, forced to turn herself in to the federal courthouse for her actions. let's take a look at the footage. oh, wait a second. we don't have it because it never happened. unlike donald trump, clinton was never charged with a crime. you heard me, she did the exact same thing and was never president. neither was former fbi director james comey as he was fired, he released classified material about his interactions with trump but never charged. he admitted it too. he was embraced by the media, rewarded with a multimillion dollar book deal. he wrote a novel that no one will read. showtime did a movie about him, called "the comey rule." i know, i didn't watch it either. he's tall. andy mccabe got off scot-free.

he's a disgrace. he was deputy director of the fbi. he leaked information about the doj's active investigation into the clinton foundation to to a wall street street reporter. prosecutors declined to charge mccabe. he was awarded with a cnn contributorship. ly see him all the time on cnn talking about -- drum roll, please -- donald trump leaking. now what's the point? the point is you could acknowledge that mishandling and leaking classified material, like donald trump has been accused of doing is wrong. we think it's wrong, but the fact the practice seems to be routine. that's sad. just the last week, for example, remember the story, an anonymous government official leaked classified information about a chinese spy base operating in cuba. these leakers were never charged with crimes. in fact, no one is looking for them. the media and washington bureaucracy only care about

mishandling classified material if it interferes with their agenda, it seems. they cheer if their enemies are selectively prosecuted and run for cover when their allies are equally guilty. senator josh holley knows all of this. he could have written that. he lives for it and fights for it every day. your reaction to today's events? >> here's what i think is happening, we're seeing for the first time in american history, brian, a sitting president of the united states try to throw his opponent into jail. i mean, that's what's going on here. we are seeing political targeting. i don't see joe biden getting indicted. i don't see joe biden who had who knows how many classified documents next to his corvette in his garage. but no, this is about targeting donald trump to try to take out a political opponent. if they can do this, brian, we do not have a functioning democracy any longer. >> brian: there's a couple of things going on here. you're a lawyer, good one, you were attorney general of your state before you became one of the youngest senators in the

country. so senator, as we look at trump's situation, there's no doubt about it, he would have made his life easier if he just returned the documents or never took it. got it. understand it. having said that, what motions would you put forward to defend this president? >> well, i mean, i think the first thing you want to know is exactly what did he take? i mean, what did he have in his possession? why is it that no one else, as you were dismissing your monologue, no one else has been charged with anything. has any prosecution like this happened before? we know it's never happened with an american president. by the way, the president can take records with him from office. i mean, the president has the authority to do that. nobody disputes that. here's the other thing that gets me, brian, i'll tell you, is we now know that joe biden has been accused, credibly accused, of taking foreign bribes. the fbi has known for years that biden has been accused, joe biden, of taking foreign bribes, and now when they couldn't get

it under wraps anymore, sitting on it for years, now they can't keep it under wraps, it's coming out in public, and they immediately into it donald trump. is that a coincidence? i doubt it. >> brian: senator, didn't you have an interesting question to the deputy fbi director today? >> yeah, i did, on this very subject. i said, why is it that you won't allow us to see the document in which this source, to the fbi says fbi was paid $5 million by burisma in order to get an investigation dropped. why can't we see it? he said, oh, it's a matter of life and death. then why is the document unclassified? this is an unclassified document, brian. the american people have the right to see it. the fbi won't let us see it. why? because they're afraid of the contents. they're protecting joe biden. >> brian: that's the only thing you can conclude. i watched them stonewall ted cruz. 17 tapes alleged, 15 of hunter's on them, two of the former vice president, now president, is on

them. there's a speculation about somebody close to the case that the tapes could be in ukraine. what ukrainian who needs our money and support for this war is going to say, okay, here's the biden tapes? wouldn't you think it's not in the interest of the nation, so biden might be lucking out again? >> yeah. listen, if this is true -- i don't know if it's true or not. >> brian: right. >> this is why we need to make all the documents public. if this is true, though, this is the biggest scandal involving a president in american history, a president who took bribe money from a foreign nation. the american people deserve the truth. but they're not going to get it from this administration. >> brian: we'll see what happens. the republicans will be asked, and the president will fight this for at least a year, running for president, leading the pac on the gop side. thank you. appreciate it. >> thank you. >> brian: former trump attorney told politico that trump has

several viable strategies that could blowholes in smith's case. he's gotten holes blown in his cases before, by the way, including potential prosecutorial misconduct by a senior doj official. former trump attorney joins us here. tim, thanks for being here. where's the weakness in the case that everyone says is such a strong indictment? >> well, the indictment is just an anything else. and, you know, in my career, i've seen meant of these types of allegations. obviously it's written in the most damning way possible, using the most damning evidence, while ignoring anything that would be exculpatory. you have to taken it with a grain of salt. in this case there are a lot of legal hurdles to get over. before you get to the issue of

guilt or innocence you have to examine the propriety of the government conduct in bringing the case. that's where a lot of the initial motion practice will focus on. >> brian: so you want to look at this and say is it right to flip your attorney to turn against their client, and you do agree with the judge who said it was okay, that corcoran was complicit, that was one. number two is, about this high classified material, you got to go ahead and say -- if they're going to charge you with taking it, i better be able to read it. the jury better be able to see it. >> well, here's the thing. of the hundreds of documents that they, you know, seized, that were returned in the various searches, and with the boxes, they've only charged him with the willful possession of 31 of those documents. >> brian: okay. >> so the vast majority of these

that's an admission by jack smith that they were overclassified, that they don't constitute national defense information. the 31 documents that he has been charged with, those are going to have to be declassified. they'll have be released, shown to the jury. there -- you know, everybody talks about declassification, classification. to me, it doesn't matter. whether something is classified, declassified, that's somebody's opinion whether it constitutes national defense information. the statue will prohibit willful possession of documents defined as which that the defendant has reason to believe the disclosure of which would be damaging to national security. so a lot of these things, if you talk about, you know, for example, plans to attack iran that were rejected, that were never carried out, that are several years old. >> brian: okay, right. >> are those really national

defense information? you know, does the release of that damage our national security? probably not. that's something the jury would have to decide. >> brian: of course you need unanimous. tim, the most important question, i just need a quick answer on it, you don't believe, one of the reasons you're not with the team, you don't believe you're able to get the best advice for the president, with too many knuckleheads around him, blocking the best information. you're not just talking about you, you're talking about other attorneys. has anything changed to make you think that the president will have access to the best legal advice possible? >> i do not have contact with the current legal team, so i couldn't answer that question unfortunately. >> brian: all right. >> i hope for his sake, for the country's sake, that he is able to get competent conflict-free representation to win this case. >> brian: all right. tim, thank you so much. we'll talk to you again. appreciate it. meanwhile after his arraignment today, former president donald trump flew back to his home in bedminster. he landed. now we're watching his caravan head back to his club. he's going to be speaking

shortly to a group of supporters. we don't know what he's going to say. we know this. we will carry it live from the trump golf club there. nate, you are outside the bedminster club, not that you couldn't get a membership. you're a reporter. it's not the time to golf. your take on what's happening. set the scene. >> brian, actually we're inside right now. >> brian: oh, really? okay. >> former president trump is set to start speaking we believe sometime around 8:45. it may happen sooner than that. the motorcade is coming to the bedminster club as you can see right now on your screen. top donors are behind me right now. they are very excited. many will be watching the tone of the former president. we expect his tone be defiant, the word his lawyer used, earlier today in miami, where the former president pleaded not guilty to 37 felony federal charges for his handling of

classified documents. he has called the indictment baseless, ridiculous, and election interference. he's accused of illegally retaining classified information, then showing classified defense information to people who did not have security clearances, and also obstructing the government's efforts to retrieve those documents. take a look at this. he got a positive reaction as he was headed out of miami today. you mentioned it at the top of the show. he stopped in a cafe, and the crowd inside serenaded him with a "happy birthday" song. we're hours away from the former president's 77th birthday. but right now we're waiting for him to take the podium behind me. he's expected to raise $2 million for his campaign at the fundraiser, which will begin after his remarks, which we're expecting will last about 30 minutes. >> brian: nate, the president was ordered not to discuss the case with nauta, with mr. nauta, or any other witnesses. he's also charged.

that's his body man, his aide, a navy vet. it's a common restriction of a criminal case, but it's not practical, is it? how do you enforce that? they're with each other 20 hours a day, i understand. >> that's the thing. a lot of people he's not allegedly supposed to speak to are people within his inner circle. tonight we can expect a similar message to what we saw at the gop conventionses in georgia and north carolina, where the former president will tell the american people he's being politically persecuted, and wouldn't be happening if he wasn't the 2024 gop frontrunner. >> brian: appreciate it. thank you. he'll be speaking in a half hour, maybe earlier. we learned that a burisma executive has audio recordings of joe and hunter biden, if we're to believe it. when will the house republicans get to the bottom of this? will we ever hear these tapes? who's got them and who's on

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>> brian: welcome back, everybody. president trump's arrest coincides with explosive new

corruption allegations against the biden family. now senator chuck grassley yesterday revealed that there were 17 telephone recordings that he heard about between the bidens and burisma, misconductiindicating acorrupt . is this just a coincidence? yesterday i was stunned to watch senator grassley say there could be 17 recordings with a burisma executive, $5 million each. >> it was shocking us to. the 1023 document provided by the fbi to the oversight committee on thursday had that information specifically redacted so we could not see it, did not know it, and was unaware of it. i talked to chairman james comer today from kentucky about those tapes. i guess when we get access to the 17 recordings that senator

grassley is aware of, that's when the third trump indictment will come down, if we're being honest. >> brian: finding out about the tapes, that could change everything. >> yeah. >> brian: why do you think the fbi is reluctant to acknowledge, deny, or confirm they exist? >> after seeing the president of the united states literally try to throw in jail his number one political opponent today, we see a lot of reasons. this is a distraction from our getting access to bribery evidence and allegations in the 1023 form. when president trump was indicted by alvin bragg in new york, that was the day we got access by the treasury, the suspicious activity reports. there's a reason there's no coincidences in politics, brian. this is happening for a reason to distract from the allegations and evidence of corruption, bribery, money laundering, by joe biden and his family. that's why this is happening today. >> brian: by the way, you can't see it, congresswoman, but we're sharing the screen of the caravan of the president's motorcade moving back to his new jersey club from his doral club

over in miami after a harrowing day today in which he seems to thrive under pressure. i'm sure he's not happy, but he's definitely not showing any distress. when i talk to you, i'm not looking at an always trumper. right. >> >> brian: when donald trump does something you don't like, you say it, and it ticks him off. that's why when you say you have a problem with it, you have more credibility. >> i'm the only house republican to survive a donald trump republican primary last year. we've not always seen eye-to-eye, but what i do believe what's happening in this country is shameful, having the president of the united states, take out and put in jail, his number one political enemies, number one political opponent today is a travesty. it's un-american, not democratic, and it's shameful. we heard biden last november say he was going to take out donald trump by any means necessary. it's wrong, shameful, and every

american, republican, democrat, independent alike, should be standing up for democracy tonight. >> brian: real quick, do you have a game plan to get more information and more details in these tapes specifically? is there a plan in place? >> yes. there's a place by oversight to get as much information, bank records, going back to suspicious activity reports, finding the recordings, everything we can to show the american people the truth. >> brian: congresswoman nancy mace, thank you. >> thank you. >> brian: nearly all of the charges against donald trump involve the espionage act and obstruction. jonathan turley is a george washington law professor and legal scholar, and says trump's legal team will attempt to challenge the use of the espionage act. what about the chances of success? jonathan, great to see you. your thoughts about their attack plan. >> well, there's a number of threshold attacks they're likely to make. one will be attacking the espionage act. that's sort of a hardened silo

to attack. it's been challenged before. the courts are likely -- particularly the lower courts -- are likely to favor the justice department's arguments there. but there are grounds here, that they're saying they may attack on. the there's the question, as you mentioned earlier, the use of the president's former counsel to to incriminate him. these are commence made in confidential communications. i have to say, i'm deeply troubled about that. i mean, there's this crime fraud exception to attorney-client privilege. i don't see how anyone could look at this indictment and not be troubled. i mean, there's lots of indictment troubling on the other side, the pictures, the audiotape, we've talked about that, but there's a reason why we have this privilege, that clients can come to us -- sometimes they suggest things that are wrong, unethical, even criminal, but we give them that protection so they can ask those

questions. often we're in a position of saying, no, you know, you can't do that. you shouldn't do it. and even if you did it, it would cost you more in terms of the penalties. so we play that role by using this privilege. so the question is why they were given such leeway in using this attorney's evidence. i think that will be a matter of substantial challenge. >> brian: magistrate goodman said, do me a favor, don't talk to anybody involved in the case. good luck with that. it's illogical you're not talking to your body man about a case that could land you in jail for life. go ahead and try. they'll probably bug the place, have more tapes to play. but right now in the next two weeks, what motion should we be looking for to see if it's a sound strategy the defense has? we already got the prosecutor's strategy. >> well, they're going to ask for particulars, as they're

called, what was presented at the grand jury. they're going to ask for this evidence which is going to have to be turned over. the discovery. also because they have brought so many espionage act counts, it's going to slow the process down. they're going to need to clear an attorney, which can take time. i've had that role in national security cases. i can tell you it takes a lot of time. then whatever documents they're using as the basis for these charges will have to be addressed, shown to the attorney, theoretically at least shown to the jury. they have to be cleared or material has to be declassified. that takes time. jack smith doesn't have time. the reason he wants a speedy trial is that if this trial goes beyond the election, donald trump could pardon himself, or a republican president if it's not trump could pardon him. then jack smith will have no trial at all. >> brian: wow. jonathan turley, so much

speculation. we might have two more cases and two more indictments to discuss, because they're coming down the pike. jonathan turley, thank you so much. >> thanks, brian. >> brian: meanwhile if anyone wondered if donald trump would ever support a republican if it's not him, yes, if that republican would pardon him if they win the general election. meanwhile the white house celebrated the new religious holiday they want to impose on the country in dramatic fashion on saturday. the south lawn put the pride flag, front and center, flanked between two star-spangled banners. one transgender activity took the opportunity to flash their synthetic breasts just bought. you can see the price tags. moments after posing for photos with the president of the united states. classless. even the white house called the act quite inappropriate and disrespectful. you think? vince, how did we get here? >> it is unbelievable, isn't it? this is a guy who said he was going to restore the soul of

america, and here he is both debasing and defacing the country. i like how the white house is trying to distance themselves from this person who showed their fake breasts outside on the south lawn. it wasn't just her/him, by the way, but the two women next to him who had their breasts removed, showing the scars from that procedure, performing on the south lawn of the white house. most people go there with a sense of reverence, wearing a tie and suit. people are showing up and defacing that great house. and joe biden, he invited all of this. the idea they would distance themselves is preposterous. he made that happen. >> brian: nobody is antigay. you live your life. this is not the point of this conversation. i do wonder about the emphasis of an administration with so many pressing issues to give an entire month, pride month, to give up the white house lawn, and to call the people he was looking at the bravest people he

ever met. really? the bravest people he's ever met? your thoughts. >> it's demented. he was just down at the formerly named fort bragg, within the last week. just at the air force academy, tripping and falling over on the stage. how can they say the guy taking his shirt off at the white house us braver than the soldiers and new airmen that he just met? it's preposterous in every sense. in fact, the only two boobs that should be banned from the white house are joe biden and kamala harris. this is ridiculous that it's happened. >> brian: vince, thank you. >> you got it. >> brian: the special counsel leading this prosecution against donald trump, a number of his prosecutions have ended up in complete failure. we'll take a look at smith's baseball card in just a moment. you're looking live at bedminster, new jersey, where

the president will be arriving and speaking to supporters. very anxious to see what's on tap. but i wonder if you just take a few seconds to pray with me real quick. in the name of the father and son, holy spirit. amen. lord jesus, come to us now. help us to surrender ourselves completely to you. help us to listen to your voice. even when we're distracted or tired, we pray this in the name of the father and of the son of the holy spirit. amen. thank you so much. i just want to encourage you that if you want to join me in more prayer, check out hallow it's the number one prayer app in the world.

>> brian: fox news alert. so glad you're here. an exciting day, one we won't forget. the indictment this morning, about 3:00 eastern time, understaishould say, but the prt arriving in doral, in miami. spent the night before there to be totally accurate. we're looking at bedminster, where we understand they're waiting for the president to come out and speak. he was a little bit behind schedule. we thought he would speak about 20 minutes ago. we watched his plane land about a half hour ago. his motorcade is making its way there. expected to be there in a matter of minutes at which time he's going to address -- i'm curious how this is going to go. is he going to go directly at jack smith? who evidently he didn't make eye contact with, or any of the prosecution team in the courtroom. will he talk specifically about the case? will he try to use it to keep

the wind at his back and create additional momentum like he got ins polls after the alvin bragg indictment. kevin corke joins us with more. kevin, set the table for what we should expect. >> i'm imagining right now, based on everything i know about the president and his team, he's going over some thoughts. not necessarily going to write everything out, but they want to make sure he doesn't run afoul of what's happening from a legal perspective. i can assure you this, he wants to get out there, as he often does, wants to tell the people waiting and listening to his every word that he's ready to fight. meantime jack smith, the special counsel, overseeing the classified documents case against the former president, has high-profile corruption cases, but suffered incredibly humiliating court losses. he prosecuted former virginia governor bob mcdonald back in 2014, accusing him and his wife

of a scheme, and ultimately the supreme court ruled it was ridiculous. they overruled and overturned the conviction unanimously in 2016. smith, by the way, also prosecuted former north carolina democratic senator and former vp candidate john edwards in 2011 on federal campaign finance laws, but in 2012 a jury found him not guilty on one count and they they deadlocked on the other five, resulting in a mistrial. oh, yeah, he also prosecuted bob menendez in 2015 in a pay-for-play scheme involving his office, but the trial ended in a hung jury. the doj again declined to retry to case. u.s. attorney merrick garland appointed smith to lead a pair of investigations surrounding the former president of the united states. one, his handling of classified documents found at mar-a-lago. we've been talking about that. he's also responsible for another investigation, whether

anyone illegally interfered with the, quote, transfer of power following the 2020 presidential election. critics are accusing garland of politicizing the office, using smith as his attack dog. an unequal justice under the law for prosecuting trump and others, perhaps even worse on the democratic side. >> brian: jack smith, does he have a big losing streak he's trying to stop with donald trump? kevin corke, thank you so much. joey, hillary clinton is enjoying every minute of this. one thing she's actually doing is selling memorabilia, hats and shirts, saying, oh, but the emails, totally not aware of how she escaped persecution, the controversy and bad decisions that lead her to mocking with those words. >> just when you start thinking that donald trump did something really bad, this is the one time, they're going to get him

you see who his opponents are, some of the most callous, cynical, political people in the world. hillary clinton is hawking hats, selling hats based on what could potentially be a constitutional crisis. if donald trump gets indicted -- obviously he's indicted. if he's convicted, if he's in jail while he's the president of the united states, you know, i mean, jonathan turley was on, he can pardon himself, we're talking about crazytown here. in walks the clintons with all their baggage, the clinton foundation, a slush fund for them to make a lot of money, speeches before goldman sachs, other places where they were going to be regulated by her if she was elected president, all this horrible stuff, for years, even when they were in the white house, whitewater before that, remember whitewater, and she comes out with a hat. she's hawking a hat. the hat proceeds apparently will go to some voting rights thing.

it seems like a virtue signaling cover-up to make some money. >> brian: the fact is when we bring up hillary clinton, it's not to distract, that's what the law is. the law is about precedent. >> also think about this, one of the big holes in this whole cast is compelling, there's evidence, stuff like that. one of the big holes, though, brian is that clinton did something that was not materially different with the emails and the destruction of them, and keeping private conversations that were classified in this server outside of the government. >> brian: right. >> think about that. >> brian: i do. i wish she would think about that too. we just watched the motorcade pull in. the president is probably in the building right now. he's going to speak in a few moments. before we do that, first, i want to thank you. now it's time for your steak dinner. >> the martinis are chilling right now. >> brian: now i'm jealous.

i want to bring in elena haba, joining us with reaction on today's arraignment. alina, gives us the mindset of the president, coming back to another club he owns, that he will be spending the summer in. >> we're all happy to be home. obviously we just got here. he's feeling defiant, ready to fight, as usual, and feeling ready to win. i think that's what's going to happen in 2024 after what they've done to him yet again today. >> brian: umm, i understand he came in, was brought up to the 13th floor, was arraigned, there was no pictures -- there was electronic fingerprinting, i understand. he was brought in, brought out, no pictures. just a sketch that was released. anything else that he described in the courtroom that you want to tell the viewers about? >> umm, not really anything exciting to be honest.

it's very procedural. his attorney put in his plea for him. he stood there, you know, as they said, and did what he was supposed to do. as he always says, no one is above the law, but he abides by the law when it's applied correctly, when it's not applied selectively, when it's not applied politically motivated, and we'll fight this head on. >> brian: so tell me about the legal team. i know he's still interviewing, you guys are looking to bulk up. who are you looking at? what are you looking to add? >> well, i think that we have an incredible team already. you know, todd blanch is obviously an attorney that's been with us. chris has been with us on other cases. now we're looking for that local strength, i think, and we'll make that determination soon. but it's definitely not something that he should rush. it has to be the right person. they have to understand these very distinct issues. you know, we have the espionage

act here, which nobody has seen, because it was never applied in history. it's a difficult situation. you have to pick the right people. >> brian: the president doesn't really adhere to a script. usually writes them out in marker. do you have a sense of what he will say tonight? i know he was told not to bring up the case to any witnesses, or somebody who might be involved in the case. in fact, alina, thank you so much. we'll go to the president united states now, getting warm applause from some supporters. it's a much bigger crowd than we thought we'd see. the president has had a harrowing day. you saw the size of the motorcade that led him into court. he stayed there a short time. was let out again. took an impromptu, stopped a cafe, made his way out to his plane, where he took his time taking off after a big motorcade brought him there. flew back from miami, right to

newark airport we understand, where he met with another monster motorcade, made his way back here, and you just heard his attorney, spokesperson for the trump legal team, say he's defiant and determined to beat this. he wants to see justice done. he's always said he's done nothing wrong. this is lee greenwood, linerrically, a live guest on "fox and friends" tomorrow. there he's playing his famous song. the president always like to start his events with that song. this isn't any different. the prompters loaded to the left and right. i think he's going to look straight ahead. i'm pretty sure he knows exactly what he's going to say. when he's ready to speak, we'll take it. we were told 200 people. that looks like more than 200 people. if anybody thought people would run from his side, i'm not sure what his opponents will do, most supportive up until the last 24 hours, but i know his supporters are still standing there. 80% of republicans say this will

not affect how they vote. we'll see what that means for the overall primary season. so he's taking in the song, perhaps it will go the entire -- the entire way. he'll play it all out. then he'll speak up. in miami, it was about 90 degrees. i understand now it's 68 degrees. no topcoat. red tie. same thing he was arraigned in today. let's take in the last moments. this is the president of the united states about to address a crowd of reporters, also first time after being indicted on federal charges, first time in history. [crowd chanting "usa"] >> well, thank you very much. thank you. it's a great honor to have you here. today we witnessed the most evil and heinous abuse of power in the history of our country. very sad thing to watch.

a corrupt sitting president had his top political opponent arrested on fake and fabricated charges of which he and numerous other presidents would be guilty. right in the middle of a presidential election in which he's losing very badly. this is called election interference, yet another attempt to rig and steal a presidential election. more importantly, it's a political persecution like something straight out of a fascist or communist nation. this day will go down in infamy, and joe biden will forever remembered as not only the corrupt president in the history of our country but perhaps even more importantly the president who together with a band of his closest thugs, misfits and marxists, tried to destroy american democracy. but they will fail and we will win bigger and better than ever

before. charging a former president of the united states under the espionage act of 1917. wasn't meant for this. an act for a crime so heinous that only the death penalty would do, and threatening me with 400 years in prison for possessing my own presidential papers, which just about every other president has done, is one of the most outrageous and vicious legal theories ever put forward in an american court of law. the espionage act has been used to go after traitors and spies. it has nothing to do with a former president legally keeping his own documents. as president, the law that applies to this case is not the espionage act, but very simply the presidential records act

which is not even mentioned in this ridiculous 44-page indictment. under the presidential records act, which is civil, not criminal, i had every right to have these documents. the crucial legal precedent is laid out in the most important case ever on the subject known as the clinton socks case. you know what that means? after leaving the white house, bill clinton kept 79 audiotapes in his sock drawer. they included discussions of u.s. military involvement in haiti, discussions of u.s. foreign policy, both defense and offense against cuba, recordings of president clinton's conversations with all of the many foreign leaders at the time. think of that. sensitive facts about trade negotiations taken from presidential briefings.

discussions with the secretary of state about conflict in bosnia and much, much more. very big stuff. not only was bill clinton never even considered for criminal prosecution based on the tapes he took, but when he was sued for them he won the case. judge amy burrman jackson's decision states under the statutory scheme established by the presidential records act, the decision to segregate personal materials from presidential records is made by the president during the president's term and in the president's sole discretion. you're surprised to hear that, aren't you? even any normal administration, even an opposing one, would consider that to be the end, but not the corrupt biden

administration. the socks decision as it's known, also states, quote, the national archives and records administration, or nara, does not have the authority to designate material as presidential records. i don't have the authority. nara does not have the tapes in question. and nara lacks any right, duty, to seize control of them. this is law. the president enjoys unconstrained authority to make decisions regarding the disposal of documents. that's unconstrained to make that decision. neither the archivist, nor congress, has the authority to veto the president's decision. the presidential records act does not confer any mandatory or even discretionary authority on the archivist to classify records. under the statute, this responsibility is left solely to the president of the united

states. think of that. that's the decision. think of that. now, just think of that. in other words, whatever documents a president decides to take with him he has the right to do so. it's an absolute right. this is the law. that is something that people have now seen and it couldn't be more clear. they ought to drop this case immediately, because they're destroying -- this is why no other. , even those who kept far more documents than i, has ever been even investigated, let alone charged with a crime. because the sham indictment put forward by the biden administration included staged photographs of boxes at mar-a-lago. many people have asked me why i had these boxes. why did you want them? the answer, in addition to

having every right under the presidential records act, is that these boxes were containing all types of personal belongings. many, many things. shirts and shoes and -- everything. as can be seen in the picture, where someone not me -- i wonder who it might have been -- dumped one of the very neatly arranged boxes all over the floor. they were full of newspapers, press clippings, thousands of pictures, thousands and thousands of white house pictures. the white house photographer, some are with us today, they took so many pictures, we saved all of them, and they were in those boxes. clothing, memorabilia, and much, much more. i hadn't had a chance to go through all the boxes. it's a long tedious job. takes a long time, which i was prepared to do, but i have a very busy life. i've had a very busy life. they make it more busy, because

you're always fighting. under the socks decision, there seemed to be no rush. i wasn't in a rush, because that decision was the law. the other picture that was so vile, you remember that one, it was angry and corrupt was the photo staged by the fbi, and those that raided mar-a-lago, they were putting documents all over the floor. remember that famous picture? all over. said confidential. said presidential. said all sorts of things. and it was supposed to be there, like, it was that way when they raided it. it wasn't that way. they took the picture and released it illegally to the press. they took my medical records, my passport, by birth certificate, and apologized. they even brought a safe cracker, a professional safe cracker, they brought into mar-a-lago, and they broke into my safe. you know what they found? nothing. there was nothing there.

nothing there. zero. according to the presidential records act, which was a big deal, i was supposed to negotiate with nara, exactly what i was doing, until mar-a-lago was raided by gun-toting fbi agents. you have security tapes of it. i gave them security tapes of everything. in a flagrant violation of the fourth amendment of the constitution, which protects the right against unreasonable search and seizure. sebastian, you covered it very well, i must say. very well. i'm not the one who thinks i'm above the law. i'm the one that followed the law. i'm the only one. it's joe biden and his corrupt department of injustice who think they are above the law. never before have the two standards of justice in our

country been more starkly revealed. joe biden had trophies of classified documents from his time as vice president, even as a senator, totally and completely illegal. in fact, other senators heard about it. dick durbin heard about it. took him as a senator, out of a skiff. they were shocked when they found they thought it was impossible to do. biden sent 850 boxes to the university of delaware, making the search very difficult for everybody. he refuses to give them up, refuses to give people look at them. they say how he's basing so nicely. many of biden's classified documents were in chinatown, d.c. chinatown, which is shocking, considering his family received so much money from china. i wonder how many times the

friends of ours from china reviewed those documents. chinatown, d.c. others were unsecured at his so-called penn biden center in washington, paying biden $1 million a year, the money supposedly coming from china, and still other classified documents were strewn all over his garage floor where his now famous corvette is stored. he's so proud of that car. there was no security. the door was left open most of the time. it was open, all of those classified documents, all of those documents strewn all over the floor, piled up like junk. unlike me who had absolutely declassification authority as president. joe biden as vice president had no authority to declassify and no right to possess the documents. he had no right. instead of falling under the

presidential records act, there's tough criminal penalties, yet nothing happens to crooked joe. nothing happened. have you heard anything about the big search for his documents? no. only me. most and famously of all, hillary clinton set up an illegal private server in her basement. you never heard this story. with a deliberate intention of violating public information laws so she could hide her pay-for-play scandals at the clinton foundations or whatever. hillary's some of it having to leak into anthony weiner's computer. remember anthony weiner? into his computer. you don't want to be on his computer. all of it was illegal because thankfully she was never president and didn't have the

powers to declassify. thank you. she did not have the powers to declassify. it's a big difference. neither did joe. joe did not have it. it's a little bit cooler. it was pretty hot out here. thank you. happy birthday. happy birthday. welcome to "hannity". we begin our coverage of donald that jay. we have full coverage and analysis and my monologue straight ahead. happy birthday to you! >> nice birthday! wonderful birthday! they were singing happy birthday. i was with eric and laura an