♪. howard: once again we got the news from donald trump. just as he did in the case, trump told the world, the social media post he received a target letter in the january 6th investigation from doj and deranged special counsel jack smith, that he says almost always leads to an arrest and indictment. this will be the former president's third indictment. president posted about the witch-hunt. merrick garland department of

injustice, largely dominating minimum in the race for the presidency. he said this about the pending indictment with sean hannity. >> they're in a rush because they want toter fear, it is interference with the election. election interference never been done like this in the history of our country. it is a disgrace. the doj has become a weapon for the democrats, an absolute weapon. howard: we should stress none of us have actually seen the indictment. i was always skeptical jack smith would bring the cars of the capital indictment. most important from the various prones but conspiracy to overturn election and incitement of a insurrection is the hardest case to prove. i'm howard kurtz and this is media buzz. ♪ howard: ahead two whistleblowers claim they were order not to expand the hunter biden probe to involve his father.

why are the media giving rfk, jr. so much airtime for his constant conspiracy theories? the pundits quickly clashed over whether the latest pending indictment against donald trump is purely partisan or totally justified. >> how do you campaign for president let alone the republican nomination when you have to be in court for three separate cases in three different jurisdictions? sorry, iowa, got to be in court. sorry fox news debate, got to be in court. sorry fat cat fund-raiser, i got to be in court. that is the biden strategy. >> they're defending a guy they blamed afterwards for the riots on january the 6th or trying to overthrow the united states government for trashing the peoples house, the united states capitol. >> if the doj can't indictment him out of the race, it is going to be up to the regime media to step up and wound him badly politically. that means framing his presidency as an existential threat to democracy. >> there are signs that doj is

now targeting trump for the most serious potential crimes yet. allegations that he to put it straight up operated as a criminal president, abused powers, tried to end democracy itself. howard: joining us now to an is loo the coverage, mollie hemingway, editor-in-chief the of "the federalist," fox news contributor, liz claman, host of the "claman countdown" fox business three eastern. i wish we had the indictment to talk about, mollie, what do you think of the special council bring january 6 related charges, as i said this could be the hardest case to prove. >> some people were expecting something like this. other people are surprised by it. the larger story we have a department of justice working to literally imprison their top political opponent of the current president an using all sorts of powers to go after him. state level democrats are also doing this.

is a very important story to discover. this is what they associate with third world authoritarian regimes mapping in our country. we have a media likes to claim they speak truth to power they will not cover what is happening her with our department of justice which a large portion of you are country is come politically corrupt going after the top republican opponent while the democrats are in office. howard: liz claman, trump as i said at the top broke the news of the pending indictment. that enables him to control the narrative. is there any evidence that the president biden intervened with doj, jack smith to bring the january 6 related charges against a guy whom he will most likely be facing in the election? >> no, no evidence yet. i would also say, howie, it is a little premature to get hysterical about anything

whether it's allegedly going to focus specifically on january 6 when we don't have the evidence yet. yes, donald trump did put out that target letter. he revealed the existence of it coming from the department of justice and usually that is a precursor for an indictment. "the wall street journal" was the one that also got this out there first and has gotten a considered of credit for that when it comes to the target letter but i think you nailed it at the very top, howie, you always thought it would be a bit of a stretch to go solely, narrowly on the january 6th donald trump ginned it up with his words effort because again that would be very hard to prove. it appears, if the reporting is correct, at least with some organizations that jack smith, the special counsel will go broader than that. he will focus on the three statutes, number one he would focus on the fact that there are allegations that by pence, the vice president, was pressured into overturning the election results.

number two, the scheme to bring, alleged scream to bring in false electors in georgia. number three, the broader voter fraud issue some people have alleged. but again, howie, we don't know the evidence yet could come within days. howard: i have to save something for next week's show. donald trump did an interview with an iowa radio station and the interviewer asked him about what if you end up in jail during this campaign. roll it. >> i think it is a very dangerous thing to even talk about. >> okay. >> because we do have a tremendously passionate group of voters i think it would be very dangerous. howard: mollie, is it reckless on trump's part to warn of death and destruction a phrase in the social media post if he is prosecuted or jailed? >> one reason that makes our country so nice, we don't have chaos and anarchy and rioting. the rule of law is not to be

used to literally imprison your top political opponent. the department of justice is acting in a reckless way. not doing what everybody is allowed to do, protest election results, criminalize election results, is very dangerous people see there are two standards of justice f you're on the left, you riot, you destroy statues, attack cities, attack the white house, threaten the life of president trump while he is in office very little is going to happen to you. if you have a rally and a protest that turns into a riot and you bring everything, every aspect of the department of justice to bear to criminalize everything while you did pretty much nothing other than maybe take a knee yourself during the blm riots as the department of justice that is very much a threat to the country. so the department of justice is acting in a very reckless fashion and a competent media would be accurately talking about that, what a problem it poses to the very existence of

our republic. howard: liz, isn't some of that being debated right now? also i want you to address this question of a lot of journalists think the former president's remarks sound like a threat, like there could be riots in the streets. although there was no violence or protest after that first indictment? >> in fact president trump, former president trump is very focus some would call it playing the victim card around saying well being be careful because this is going to happen and i have some very passionate followers that may be true but those passionate followers did not show up as you mentioned howie in meaningful numbers either in miami or in new york city when alvin bragg, the da in manhattan put forth the hush-money charges when it comes to stormy daniels and the porn star and president trump. to me i look at this i think when you are talking about the january 6th violence that was specifically focused where

the allegation as president trump ginned up, really got people riled up to do that that's not going to be the focus. it will go much more at 30,000 feet. that is what appears special counsel jack smith is going to do. the violence threat, he was on sean hannity's show on fox news too. i'm not, i'm not hearing that people are worried. in fact mike pence the former vice president was on cnn this morning. he was asked about that. he said he believes in the american people and that they understand that that is not the way to go about things. he did reiterate he thought president trump was wrong and still is wrong about what he said about overturning the election. howard: right. the former vice president said that many times. seems, mollie, we're having two different conversations. media liberals say indictment appears to be based on solid evidence. reports about whether donald trump admitted after 2020 election he lost and kind of changed his tune, said no, no,

the election was stolen he says to this day. media conservatives as you alluded to earlier, this is the weaponization of the justice department trying to take down biden's leading opponent. >> i don't think there is much of a debate whether our department of justice is weaponized. it is on display all the time. howard: why are you is so certain of that? >> take 2016, an election hillary clinton at some points gave mixed messages whether she accepted or not. privately a fake dossier was inserted into the government. it was supposed to be briefed to electors to keep electstores voting for trump. it was supposed to come out before the inauguration. very little was done to hold those people accountable. the department of justice took that. jamie raskin, challenged electoral votes, they have know problem with that these are people in top leadership position. we've gone through the lead yaw,

campaign that january 6th is the worst moment in american history. americans know it is not. we endured blm riots. this idea, idea that the people can just be treated this way and nobody needs to do anything about it it is very hard for americans to see what's happened to our department of justice and a competent media again would be covering it accurately, honestly, about the threat it poses to our republic. howard: i would throw in hillary clinton did call donald trump and concede the election. regardless what she said. >> she said she had the election was stolen from her. said that whale he was president incruding top election democrats. they claimed the election was stolen. that it was stolen by donald trump being a traitor colluding with russia. this was a horrible lie. they knew it was a lie. nobody is held accountable for it. department of justice also covering up for joe biden right now. if you want to talk about joe biden being involved in the department of justice look no further than all the coverup of these whistle-blowers, irs

investigation, the breather taking news this week about a bribery scandal having legs. it is all important. howard: mollie, i have to give liz a chance to get in here on biden or anything else you want to respond to. >> well i would simply respond, again i look at it at the focus of the media level. one thing has been pointed out lately by both members of the right and the left media, chief of staff mark meadows has gone silent and there are some big questions as to who special counsel jack smith really has. he may have some acolytes of president trump who are in the only position they can take, that is the truth. there is a new, this is in the past 24 hours, there is a new text has been apparently previously unreported but yet now revealed that mark meadows was kind of joking saying even my own son, who is a lawyer in atlanta, can't find 5000 votes that president trump claimed from dead people. howard: i got to get a break,

liz. >> can go on and on about focuses there are some evidence pieces here. howard: at the same time it shows also could be multiple indictments. again we don't know. when we come back, donald trump's rivals pull their punches on the latest indictment. how are all these criminal cases how are all these criminal cases transforming the campaign. ♪. new science shows it gets in between teeth to destroy 5x more plaque above the gumline than floss. for a cleaner, healthier mouth. listerine. feel the whoa! this isn't charmin! no wonder i don't feel as clean. here's charmin ultra strong. ahhh! my bottom's been saved! with its diamond weave texture, charmin ultra strong cleans better with fewer sheets and less effort. enjoy the go with charmin. ♪ ♪ we're reinventing our network... ...with smarter, more efficient routes... ...so you can deliver more value to your customers. fast. reliable. perfectly orchestrated.

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howard: the media immediately switched to saturation coverage of impending january 6th indictment of donald trump. most of gop rivals even when jabbing trump made sure to criticize the justice department. >> the rest of this primary election will be in reference to trump. we can't keep dealing with this drama. we can't keep dealing dealing we negativity. >> when you're going after somebody on the other side of

the political spectrum, if you're stretching statutes to try to criminalize maybe political disagreements that is wrong. i hope he doesn't get charged. i don't think it will be good for the country. howard: mollie, even when they say the doj has gone too far for perhaps some of reasons you i will loom mated pundits say they won't beat donald trump by dancing around his indictments. >> the issue is the republican voter. the republican voter knows the weaponization of the department of justice is the number one issue motivating them in this primary fight. anyone who is not willing to have the courage, doesn't have the courage to stand up to the department of justice when it is doing so much to go after conservatives, republicans, republican leaders they will not win the nomination. these people understand they will not win the nomination if they don't share the viewpoint of basically every republican voter out there. >> on that point, there are a couple of new "fox business polls" out there today, sigell states, early states, iowa, trump 46%,

desantis, 16, tim scott 11. south carolina, nick hi kaleyh 14, detan tis 13. donald trump still has a pretty overwhelmingly lead in the primaries. do you know any candidate facing one indictment, let alone three, would not be denounced by their political rivals and knocked out of the race? >> sure, it's incredible. what is incredible these candidates, these gop candidates for president, i would argue they're not just sticking up for president trump they don't know what to do. he is so far ahead. he is the indisputable gop candidate at least as of right now. but for asa hutchinson, chris christie the rest have been entirely disinclined to say a single negative thing about it that could be what they believe. it could be as some media pointed out don't want to

alienate president trump's base or the possibility of being a vice presidential candidate but as we continue to watch the press look at all of this they are really zigging when they should be zagging and look at some of these candidates saying you're so far behind, how do you get not just oxygen, howie, water, air, every other element really important because they can't seem to do it. howard: i have heard that question asked a few times in interviews. so how do these cases transform the campaign coverage? so you got the classified documents trial now set for may 20th. total of three or four criminal cases. atlanta d.a. hasn't made a decision in georgia. two civil suits and nevertheless as numbers i willlous trim, whether you go national or state by state it seems to be helping donald trump. >> i think it is good actually for reporters to talk to real republicans. something very difficult to do inside of washington, d.c., or new york city because there aren't -- howard: get out of the beltway,

talk to human,. >> the vast majority of republican voters understand these indictments against donald trump are an attempt to prevent him from winning the presidency. so when you saw a lot of work being put on to trying to make that last indictment seem really legitimate and it just didn't work with republican voters. they recognize that the democrat party would like to imprison donald trump and his supporters or worse and so they recognize it for what it is. you see all the people in the "new york post" and "new york times" and "washington post," they're trying to make it seem like it is really legitimate. americans are smart. they look at this, they say this is not who we really are in this country. this is not how we handle our political differences. i think they expect there to be 20 more indictments because they view donald trump as a threat to the ruling regime. that is probably reasonable but also why republican voters love him. howard: right, but then there is of course the general election when there is a broader electorate. liz, in the minute we have left, seems to me donald trump's legal

battles whether this is a conscious decision by the media or not, have become the campaign and you mentioned media oxygen. ron desantis told me last week when one of these things comes down it is hard for any candidate to get any coverage except what do you think about this latest trump indictment? >> well, exactly, you could also say that the biden administration, if you have to choose, do they want to run against trump or do they want to get him in prison, many believe that donald trump is the candidate that president biden would love to run against. if it is somebody else, something younger, somebody with fresh ideas, that may be a real problem for biden and his re-election campaign. howard: i agree with you. >> you can't ignore that kind of thing. howard: not with an 80-year-old president. >> you hear from insiders, we want trump to run against. howard: liz claman, mollie hemingway, thank you so much. up next, mixed reviews for ron desantis after he ventures on to

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♪ howard: ron desantis who did an interview with ccn two days after sitting down with me sunday is drawing decidedly mixed reviews. "politico" if you were expecting desantis 2.30, brass knuckleses persona you got lucky. cnn said the governor looked decently presidential. the @lang tick not naturally funny, entertaining or charming. she covers the media for "politico." wouldn't he a have an accused pandering or flip-flopping? >> he would have been. i reject the idea he has to do a complete overhaul of his political campaign. we seen a pivot with media he is hostile to or avoided this is

him taking a new step in his campaign trying to fill a media void donald trump does such a good job of doing, always accepting the media, always in the news. this is desantis trying to reach out to a broader swath of voters. howard: is a pivot above or below a reset? the press has all these words. >> it is part of a reset. he needs to do something because if we step back he is shined in the polls in iowa and chamonix. howard: i was being facetious about it. "new york times," another negative piece today. allies are complaining about a lack of coherent message and too many private planes. in "the atlantic" piece, the charisma question always comes up. i raised it too. washington monthly editor quoted as saying this is not about who has the best tax plan. the race is trump, yes or no. do you agree with that? >> i think desantis has been trying to be more charismatic. i covered him a tiny bit in the

house. he made his run for the governorship. that is something that house republicans i talked to kept on saying he needs to bring that side of him out you don't typically sigh. donald trump has this big presence. so that is something he is also competing with. howard: right. somebody who whatever you think of him knows how to sort of command the stage and make news and say things that the media are going to talk about. your political colleagues report that kevin mccarthy really ticked off donald trump by ducking on a question about whether he is the strongest candidate. the polls certainly suggest he is. to make amends he offered to lead an effort to expunge trump's two impeachments from the record. now that is in dispute. can you untangle this? >> speaker mccarthy is in a very tough spot and it looks like the trump campaign wants him to expunge two impeachments where he was quitted in the senate. i had a house republican bring up why the idea we're seeing this timing. the expungement idea has been

out here for a little while but all of sudden we see this. my colleague's story came out. i would have to guess it came from the trump campaign if i put money on it and it comes after special counsel jack smith did a target letter to the trump campaign so maybe we're seeing an attempt to be well if the house cleared us, we can argue that in court. howard: maybe some of the house moderates don't want to have to cast a vote. >> certainly do not want to. we were asking him this before they broke for the weekend, some of them were saying i've been telling leadership please do not do this to me. howard: right. i don't understand the whole endings punkment thing. it is symbolic. like the two impeachments didn't happen. you can't erase them from the history books. thank you, olivia. two whistleblowers from the hunter biden case score points and getting down and dirty. later robert f. kennedy, jr., finally facing harsher mediaya k scrutiny.rd ♪. . chase freedom unlimited.

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♪. howard: when a house committee held a hearing on two whistle-blowers in the hunter biden probe, fox news scaried it live. msnbc and cnn gave the subject limited coverage. the hearing took a wild twist when marjorie taylor green showed x-rated images from hunter biden laptop. that. >> that was for a sex club payment. payments such as this through, from hunter biden to prostitutes. >> today's hear something like most of the majority's investigations and hearings, a lot of allegations, zero proof, no receipts, but apparently some [bleep] pics. howard: the panel made more headway with the two irs whistle-blowers testifying that federal prosecutors blocked them from pursuing more serious charges against hunter biden or leads involving his father. >> i can say that there were investigative steps that involved president biden that were not allowed to be taken.

howard: joining us now from utah, jason chaffetz, former republican congressman, fox news contributor. jason, start with the hunter biden probe. these whistle-blowers, gary shapley and joe ziegler, were frustrated because they wanted to bring felony tax charges against hunter biden which would have meant jail time, not some probationary deal. don't investigators and prosecutors have these disagreements all the time? >> but as these two people testified they never had it like this. they also weren't able to do things in a normal investigation. they couldn't interview the witness. they wouldn't go interview some of the others that may have had information. they weren't allowed to bring up the issue of the dad. they wouldn't pursue the tiktok, or the whatsapp message that said that joe biden was in great proximity sitting right next to hunter biden. they couldn't go and do that. all these things they laid out, they normally would have been allowed to do, the testimony

shows that the department of justice prohibited them from doing that and the only reason is, it was joe biden. howard: well, in fairness i do have to mention that hunter's lawyer says that, what's app message you mentioned about dad sitting right here is a fake, that is their contention. i thought the whistle-blowers scored some points, no question about it but doesn't the trump, doesn't the press have to keep in mind that final decisions were made by the trump appointed u.s. attorney in delaware? >> no because the, as jim jordan pointed out david weiss is actually pointed out a few things. he said he had total authority to do everything. then he put out a letter saying well he was limited by geography. then there was another letter, i mean it is such a convoluted story. i think what is says, howie, more than anything what the president of the united states has said, what the attorney general has said, what david weiss have said, somebody's lying because those are three totally different stories compared to what the whistle-blowers are saying.

if you look at that hearing the democrats scored zero points going after their credibility and being able to disparage their comments and being able to say that is just not true. howard: somebody often is lying in these kinds of investigations. didn't the hearing go into tawdry territory when march juror very taylor greene started showing sexual images from hunter biden's laptop? >> i don't know i would personally have been able to do it. it was highly salacious. it helped dry home the point of, hunter biden part of the testimony from the whistle-blowers is that he claimed a 10,000-dollar business expense for a golf membership, they testified no, it was for a sex club. it was highly salacious. i don't know it scored a lot of points. democrats didn't refute it was true. it was on the laptop. it was hunter biden's laptop. that is what he was doing, the smartest guy in the world according to joe biden. howard: now the investigators,

the whistle-blowers say they wanted to talk to joe biden but superiors wouldn't go along. sounds pretty ominous but house republicans have constantly gone on the air and suggested that the president got paid off and so forth, 10 million, five for hunter, five for joe biden as liberal pundits keep pointing out former congressman jason chaffetz it hasn't been proven. are they getting ahead of the story and perhaps coming off as too partisan? >> yeah that slowed down the media before when they were going after donald trump. that slowed down the democrats before, are you kidding? by that standard, are you kidding? you had professional irs people that were following evidence. they were following the money trail. they were following the text messages. they couldn't even access the laptop we glow is true and that the fbi has had for years. so don't tell me that they weren't able to prove it when experts, the people at the irs were not allowed to actually do that. that's the story, the coverup.

the prohibition from them actually doing their job. that should have been a headline on every newspaper across this country. it should have led every newscast but it didn't. that's why so many people in this country are irate that there is a 2:00 tier system of justice. these two professionals, not maga republicans, they were pursuing the truth and they weren't allowed to do it. howard: right as i mentioned earlier, fox news did carry the hearing live was sort of alone in that. >> yeah. howard: i want to play for you something that laura ingraham said. she generally have been -- to donald trump but offered him some advice. let's take a look. >> attacking popular republican governors or senators in battleground states is more than unwise, it is self-destructive, why do it? voters in a general election want to vote for a winner not a whiner. so please, for the love of god stop talking about 2020. howard: jason, laura right, that trump should stop talking about

2020 and be more forward looking? >> whole-heartedly agree. laura, she is absolutely right. looking backwards it is a waste of time. you got to build a winning coalition, bring everybody together and coalesce people. we know you've been picked on, donald trump. we get it. we understand it. but you know what? if you're going to move forward talk about your agenda, talk about joe biden, talk about how you defeat the democrats. talk about how you get this country back on track. that is when donald trump is at his best. when he is whining, complaining about the past, he is getting picked on. we already know that. we don't need to be informed again. howard: various people close to donald trump such as kellyanne conway have been giving him this advice for some time. if he is tried on pending indictment januaryrighted charges hard to stop talking about it. good media insights. jason, thanks for coming by this sunday. howard: thank you. after the break, faust hoods being spread by rfk, jr., and

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and chinese. >> these comments reflect most abhorrent anti-semitic theories and contributes to the dangerous rise of anti-semitism. howard: the networks including fox keep having him on, even when he is challenged to have spread unproven conspiracy theories pose supposed supposed effects of wi-fi and anti-depressants. >> my concern about 5g, is that the rf radiation from 5g is dangerous. it penetrates disrupts the brain and associated with blastomas and other cancers. >> there are tens and tens of millions of americans on anti-depressants who don't commit mass shootings. >> shouldn't we be looking at those things. howard: last year rfk, jr. ignited a media conspiracy when he compared covid restrictions to the holocaust. >> even in hitler's germany you could cross the alps into

switzerland or hide in an attic like ann fringe did. howard: he tweeted an apology my remarks hurt and i'm truly deeply sorry. rfk is said something the media made up and was castigated at a hearing this week. >> in hindsight, mr. kennedy, do you reject this absurd and deeply hurtful, harmful comparison or do you still stand by it. >> congressman what you are saying is a lie. >> these are not real statements of contrition or remowers. they're passive aggressive non-apologies blame the listen for reacts to the lie you just read. howard: joining us griff jenkins. why do the organizations keep putting rfk on the air. he has a long history of spreading conspiracy theories, falsehoods. he is entitled to speak. i'm not saying he should have access to the media. sometimes he is challenged by martha maccallum this week but sometimes a celebrity looking for entearment. >> here is an outsider exists pop culture celebrity, peddling

conspiracy theories draws racist accusations pivots says he was taken out of context, attacks his attackers, blames the media and rises politically. where have we possibly ever seen that before. let me think? donald trump. this is the 2016 playbook we're watching happen but there is a "d" next to his name, not an r. what you saw in that hearing, debbie wasserman schultz tried on thursday to shut that hearing down. not only denounced him as antisemite. you shouldn't appear here. what did he do? appeared before the weaponization committee and accused democrats of censoring him which is exactly what he wanted to get out of it. howard: republican called him as a witness here. move on to this. he is constantly claiming his views are misrepresented or twisted but in his covid comments he was basically saying it is a bioweapon but jews and chinese people are spared. he was denounced by various jewish organization. >> no doubt. he is peddling in these anti-semitic conspiracy

theories, long history of it. going all the way back to the whole conspiracy theory that the cia killed his father. by the way his cousin, jfk's only grandson said this is nothing more than a vanity project. his cousin is trading on camelot. howard: other family members including his sister denounced him for many of these episodes. >> here is us the thing, howie,e conspiracy theory that government is conspiring against the public good. now it is front and center. so that genie is not going in the bottle, back in the bottle. he is obviously capitalizing on it and we just had him on maria's show an hour ago accusing president biden, burisma, hunter biden, demanding an investigation. so i think that the challenge ever the media is going to be very carefully looking at the way he is saying thing up as media had to learn to do in 2016 with then candidate donald trump call out the falsehoods when we see them and i don't think you

can deny him the platform he is has been given. howard: you saw the clip of rfk apologizing after comparing covid measures to holocaust and anne frank. any holocaust comparison i think gets you in trouble politically. but then, he says, well i didn't really say that. it is media kinard, the media made it up. we have it on tape. >> he is saying hearing recently as thursday he is not anti-vax. he is definitely anti-vax. howard: whole history of it. say it causes autism. >> in case of nazis saying essentially jews during nazi germany had more freedom than americans during covid that is not a good statement. he knows it will get a lot of attention. therefore you can't deny it. he has risen from 14% in the "qunnipiac poll" to fox's 17%. he is getting momentum. where it goes i don't know. it is self something now a part

of this campaign as we move forward. howard: i don't think he is a serious threat to president biden but certainly getting a huge amount of attention. republicans embarrassed the democrats at the tech censorship hearing. they tried to shut him down. the whole time was censorship. in fact contend sy has been censored he said at hearing both trump and biden. they pressured social media giants to take things down he said. that happened. that happened on many social media platforms but the i am pressure shun that someone watching this hearing would be that the democrats were trying to shut him down in other words, engage in the very censorship he was decrying? >> look republicans came obviously to his against but republicans have to be very careful particularly speaker mccarthy who went after congresswoman jayapal for anti-israel comments. howard: so did some democrats by the way. >> then now allows rfk to come before this committee. so this is a difficult situation for both democrats and

republicans but the fact what has changed today on thursday previously with rfk was democrats were ignoring him. now they put him front and center. hakeem jeffries calling him a living breathing false flag. whether jeffries understands or not, he is elevating him, giving him a bigger platform. democrats and republican will have to figure out how to handle him. howard: kennedy is not a serious challenger to biden f his last name was jones, he was making all the false statements woe he get all the tv invites? >> no, i don't think so. howard: beside everything else he is a kennedy. >> he is a candidate. go back remember our recent history in 2016 as i said in the opening. donald trump was this outsider but he had celebrity coming in. he was the first guy by the way even before he ran in 2016 saying obama wasn't born in the u.s. there are still americans today that believe the birth irism. howard: journalists don't take him seriously f journalists take

him seriously he would be all over the news, can he stay in the race after saying this, was the apology enough. i think as the said at top -- >> if i can add to that, one thing he did well on thursday he called for more civility, invoking his father's calls for civility. howard: right. >> our politics has never been more divided as he positions himself as a crusader for the first amendment and freedom also calling for civility. that is getting tanks. howard: you found something i agree with rfk on. still to come, looking at legal aspects of imminent january 6th indictment of donald trump. andy mccarthy is on deck.(e ♪ ag (energetic music plays) there he is! it's right there! ♪ oh, he's straight ahead. he's straight ahead. straight ahead. go go go. ♪

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goli, taste your goals. howard: returning now to our top story the imminent indictment of donald trump on charges related to january 6, let's bring in

andy mccarthy the former federal prosecutor who contributes to fox news and "national review." andy, while we await the actual indictment you write trump may have been engaged in plain old financial fraud. explain. >> there is a big section in the january 6th committee report not sort of high-fallutin' creative prosecutorial fraud theories, but regular old fraud that gets prosecuted in the u.s. basically every day. when they say the campaign raised tens of millions of dollars on the representation that they had a fund to fight what they said was election fraud and that they simply, at that there was no fund and that they diverted those funds to another purpose. i want to be clear. i don't know if he can prove that or the not. howard: right. >> if he could prove that would be sort of old regular fraud there wouldn't be any conversal

about it in terms of the eaglety of it. howard: i don't know whether he can prove it or not. that is the big question about this case. you say special counsel jack smith is in a rush. he is pushing for a speedy trial for these charges because they turn out whatever they be is that because he face as traffic jam? >> that's a big part of it because trump's dance card is very full. it has got stuff on it we haven't paid much attention to, howie. speeds the criminal stuff we already know about, there is a civil trial coming up in new york in october and another federal trial involving eugene carol in january. so he is running out of days. howard: so, does that mean that he, despite maybe he is clearly a lot more important case than the alvin bragg indictment, the one about stormy daniels, could find that he has to get in line and wait behind other prosecutors until maybe late in the campaign or even after the campaign? >> well, no judge, howie, ever

wants to be reversed for prejudicing a defendant's right to present his defense and the more cases there are against trump, i think the higher the hurdle is due processwise in terms of did he have enough time and opportunity to prepare a defense. howard: right. >> given how complex the federal charges tend to be. howard: andy, in half a minute with the filing, taking place in d.c., can trump argue that all of these trials are damaging his ability to campaign for president? is that something that could fly legally? >> he will make that argument but i think it's going to be more of a jury argument than what i think the law will say, is that nobody's above the law and he doesn't have immunity from being a presidential candidate but i do think he has a powerful jury argument that everyone who is indicting him here is either elected democrat or a democrat who worked for the a justice department run by his main opponent by on the other side.

howard: andy mccarthy. thank you so much, appreciate it. elon musk is changing the twitter symbol to x, no more birds? that is a little bizarre. all the tony bennett tribute, well-deserved. just briefly you might want to check out my podcast, media buzz meter, won't go on because we're short on time. we'll be back here sunday, we'li see you they were with the only ...be sure to get my good side! get two pairs of celebrity frames for $89.95 for a limited time at america's best. book an exam today. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger. i was told my small business wouldn't qualify for an erc tax refund. you should get a second opinion from innovation refunds at no upfront cost. sometimes you need a second opinion. [coughs]

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pepcid complete. arthel: we begin with the brand-new foxbusiness pole for a whforwhite house race. showing former president trump a clear front runner into key primary states in iowa at the the firstin the nation nominatee trump has a 30-point lead over his closest rival, florida governor desantis. hello everyone welcome to "fox news live" i have arthel neville, hi eric. 's report hello everyone thank you for joining us on this sunday i'm eric shawn. mr. trump dominates the first of the south the primary that is a