you for watching. the issue is that was that was incredible. nicely god, thank you so much. you have a favorite lyric or anything or anything to leave us with. ah, yeah. face down and carbo kissing the ground. >> shannon: i am shannon bream. new indictment, new legal team and new political earthquake for former president donald trump. >> still you get indicted over nothing. >> shannon: defiant trump faces a second indictment says he did nothing wrong. >> laws that protect information critical to the safety of the united states and must be

enforced. >> shannon: present biden promising justice department will be fair as they investigate leading opponent. 2020 rivals under pressure to respond. >> you don't have to be a republican. >> as republicans we stan on the rule of law. >> shannon: live with one of the president's lawyers. reaction from former attorney general bill barr there is more to the indictment than partisanship. we'll talk with miami mayor frances swarez about his political future. house republicans clash with the fbi over a dominate with troublesome allegations. >> this is serious, this is legitimate, this is credible.

>> where is the money it is a bunch of malarkey. all now on "fox news sunday." hello from fox news in washington. you are looking life at palm beach in florida, form er president donald trump stored documents in mar-a-lago. just over two months after the other indictments on state charges in new york. trump accused of mishandling and at times sharing highly insensitive materials and hiding possession of documents when he was asked to return them. he is the republican presidential front runner this tuesday after a weekend on the campaign trail he will appear on

in a courtroom. close adviser has been by the president's side. live from miami we will see the former president in court, jonathan. >> that's right, shannon, former president donald trump summoned to appear at this federal courthouse in miami tuesday at 3:00 p.m. speaking at state gop conventions north carolina and florida saturday. mr. trump accused democrats as using doj to suppress his political accusations. >> ridiculous injustice we'll go down as among the most horrific abuses of power in the history of our country. >> former president indicted on 37 counts on documents stored

around mar-a-lago state in florida. some containing -- mr. trump's golf club, prosecutors allege during audio recorded meeting with a writer, publisher and two members of the staff none of whom possess security clearance, mr. trump showed and described plan of attack from department of defense. trump said as president i could have declassified, now i can't. this is still a secret. shannon said even if he is convicted he will run for president. he tells politico quote, i'll never leave. >> shannon: jonathan, thank you. reporting from miami. joining us selena haba who doesn't represent former president donald trump. welcome to "fox news sunday." >> thank you for having me.

>> shannon: what is his mood, conviction could be decades in jail. has that sunk in? >> no, i don't think he is thinking of it that way. i don't think that is a realistic way to think about this case. he has done nothing wrong. he said that, this is completely politically motivated by a political opponent. his credit and the world should understand, indictment one-sided document. he has a defense. defense is real. he had presidential records act only he has in play. hilary clinton didn't have that. biden didn't have that. we'll put that defense on. team he has is strong and knows exactly what they are doing. >> is he going to press for the speedy trial or passed 2024 election which seems like a more

likely time frame for this federal case? >> that is a strategy question, that is internal discussions i have with my client. we'll make that determination soon and make it public when it is time. >> shannon: any chance he would take a plea deal. state indictment in new york. facing another indictment january 6th, georgia special grand jury those indictments could come in august. any thought of the president's mind plea some of this away, you have to focus on the campaign, in itself exhausting very consuming process. >> no. i could never imagine. i would never advise that especially when he has not done anything wrong. you take a plea deal to make something go away. admission of guilt. he would never admit guilt because there was nothing wrong taking documents with you. only thing wrong was the raid on

his home and complete dual tier system of justice. when the biden family being treated completely differently than the trump family. to plea is what they woumd want, rig right, we saw rachel madao maybe he will say he is going to plead out. we have strong defenses. >> shannon: we heard the former president in north carolina and georgia he is not leaving the race no matter what. uncharted territory. moment in murtha has never happened. let's talk about couple of things in the indictment, one sided issue, what goes to the trial jury will be different and will have opportunity at defense

then. courting memorialization of one of the president's attorneys. number of conversations with them admitting he knew he had the boxes. wouldn't it be better if we told them we don't have them what about convincing other members of his team giving small statements. >> i can't get into details on tv obviously. we saw a picture widely publicized of a box flipped over. what is in that box? newspaper articles, pictures, things momentos. things he has a right to take. if i am someone with documents that i have a right to have, do i want people rummaging through

my personal items, no. i think you have to remember there is context to everything. context will be brought out on defense. that is our opportunity. we have not had an opportunity to give our side. that is image i am discussing. newspapers, pictures, momentos. >> indictment says looking at that picture, spilled on the storage room floor. indictment includes documents related secrets relative to usa five ayes. releasable to five ayes, australia, canada, new zealand, u.s. and uk. >> first of all, i have never seen anything spilled out. i don't know if anybody has been to donald trump's clubs or residents. he doesn't operate like that.

i don't know when i know that picture was taken. a lot of questions here. he has every right to have classified documents he declassifies under presidential records act. they are making it sound like oo five alarm fire. it is not. very simple thing. numerous people able to take it. frankly he is the only one that could take the records people forget that. >> shannon: alena, thank you for your time. very different proceeding when it goes to trial. thanks for your time. >> thank you. >> shannon: i want to bring in former attorney general bill barr. >> thank you. >> shannon: what about this should have been held not this es spee -- espionage act.

>> it started out like that, quickly became clear what the government was worried about were classified and very sensitive documents. shocked by the degree of sensitivity of these documents and how many there were, frankly. government's agenda to get those, protect those documents and get them out. i think it was perfectly appropriate to do that and counts under espionage act that he willfully retained the documents are solid counts. i do think we have to wait and see the defense says. and what proves to be true. half of what andy mccarthy, if half of it is true he is toast. very detailed indictment. very, very damming. this idea of presenting trump a victim of a witch hunt is

ridiculous. yes, he has been a victim in the past. yes adversaries obsessively pursued him with phony claims. i have been by his side he is not a victim here. totally wrong he had the right to have those documents. they are among the most sensitive secrets country has. they have to be in the custody of the arkavist. he kept them in a way at mar-a-lago, anyone that cares about security. >> shannon: you see these as two totally separate tracks? >> yes, there was no argue with

the russia gate. here the government gave him every opportunity to return the documents. acted with restraint, very differential and patient. they talked about to him for almost a year and jerked them around. finally went to a subpoena. according to the government lied and obstructed that sup pena. then they did a search and found a lot more documents. i don't think they are sure now whether they have everything. they acted in a very patient way. what they were met with according to the government and indictment very egregious obstruction. >> shannon: the justice department jack smith makes these important decision. with this special counsel

statute would this have to go to the attorney general for review or decision making process before it happens and goes public? >> under the regulation, call can be made by the special counsel. sure they worked out an agreement. if the attorney general had strong feelings, he would voice them. attorney general said he would be guided by the recommendation of the counsel. can't forget here, this entire thing came about because of reckless conduct of the president. whr personed over the documents in the country would have done. government's documents, official records not his personal records. battle plans for attack on another country or defense department documents about our capabilities are in no universe donald j. trump's personal

documents. they are the government's documents. >> shannon: what about arguments, when president obama leaving or present biden that is a different question. when you think of president obama, president clinton, they'll point to these. >> two big lies, i think out there now, these other presidents took all these documents. those were situations where they arranged with the archives to set up special space under the management control, and security provided by the ark archivist. this idea that the president has complete authority to declare it declassified is ridiculous. that distinction official records prepared for government

agencies and personal documents which are things prepared by the president such as a diary or notes which are not used in government's deliberations. yes as to the second class president himself generates, president has some discretion. these are official documents. it is arguable. president's daily brief provided by the intelligence community is not donald j. trump's personal documents. >> shannon: do you still talk to the president? how is he going to feel about your take? >> hbe for me a while. i defend president on russia gate. i stood out and called out alvin

bragg's hit job and spoke out 30 years about the criminal abuse process to influence politics. this is simply not true. this particular episode of trying to retrieve those documents, government acted responsibly. it was donald j. trump who acted irresponsibly. >> shannon: presumed innocent until proven guilty. we'll watch and get to see if they present a defense. fbi document house gop this 1023, jamie raskin said there was something there that under your administration closed out. linked to rudy giuliani. this is what he says, stands 100% by my statements we were told by the fbi team, agents

under scott brady determined no grounds to escalate probe surfaced by giuliani to preliminary investigation and closed down. was it closed down? was giuliani connected to it? >> the investigation of the allegations made in that document was not closed down. as i have repeatedly said, i set up a process beginning of 2020 to vet evidence before it went to the open pending investigations further example. one in delaware. >> shannon: with hunter biden. >> yes, and financial transactions. we were worried. a lot of stuff coming in. we wanted to make sure the source. whether there was obvious disinformation. we wanted to protect integrity

of those investigations. pittsburgh office vetted it. did great work. they went back and developed more information apparently overlooked by the fbi. they developed this 1023 that has a lot of detail. then they took it to the delaware and to other offices and briefed them for their use and follow up. the reason pittsburgh people didn't escalate it because they weren't authored to start a new investigation. they were performing a unique task vetting information going to pending already opened investigations. >> shannon: this is about allegations a source came to the fbi saying they had payments from biden family to foreign executives. quickly on rudy giuliani? >> my recollection is false.

came from the fbi. >> shannon: mr. attorney general, thank you for coming in today. >> thank you. >> shannon: up next, trio of legal experts as the former president prepares to head to court again this week. again back in a moment. the chase ink business premier card is made for people like sam who make...? ...everyday products... ...designed smarter. like a smart coffee grinder - that orders fresh beans for you. oh, genius! for more breakthroughs like that... ...i need a breakthrough card... like ours! with 2.5% cash back on purchases of $5,000 or more... plus unlimited 2% cash back on all other purchases! and with greater spending potential, sam can keep making smart ideas... ...a brilliant reality! the ink business premier card from chase for business. make more of what's yours. ♪ there are currently more than

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>> jack smith deranged. his wife hates trump even more than he does. these are the people get treated

very unfairly. >> shannon: former president donald trump with harsh words from jack smith. three voices for reaction comments from alena haba and william barr. welcome to all of you. you heard the sound byte saying jack smith is deranged. trey if you were his client, what would you say to him about making statements now that the indictment is out there? >> i would resign, can't control this client. there is a kernel of truth, he has been treated different than others. to say the prosecutor is deranged, pretty sure that is a medical diagnosis he is not

competent to get. he undercuts legitimate arguments when he argues hyperbole. >> shannon: let's play what the president had to say speaking publically after the indictment landed and unsealed. >> biden is trying to jail the leading opponent beating him just like they do in communist china. >> shannon: britt he gets a short-term bump. running away with it in the polls. is there a limit for gop or will he coast the nomination, this is all proving the point they are after me. >> shannon, hard to know, significant plurality maybe be

prepared to stick with him during a split field of opponents. he could still get the nomination in the face of these serious charges. other side is this: when he claims he has been treated unfairly. certainly unequally in a number of instances. the example is the hilary clinton case, james comey said as much. no prosecutor would bring the case. that is a case of discretion exercised in her favor in a case of striking similarities. she doesn't get prosecuted, he does. other instances, biden, pence and others who had classified documents perhaps not prosecuted. you can make an argument, trump defiant with his, they were compliant returning theirs.

hilary clinton case sticks out like a sore thumb. trump people will never think this is legitimate no matter what. >> shannon: professor, you heard from his legal team, no way he will entertain a plea deal. good chunk of this sticks, his words, he is toast. years in prison attached to them. >> yeah, shannon, problem is he has to run the table. he is 76 years old. all the government has to do is stick it with one count, crimes that have 10 or 20 year period. evidence quite strong. we haven't heard the other side. they maybe able to knock down some of these issues. some of this evidence is coming from his former counsel.

these are very damaging statements made against him. maybe hard to move those. fact is, both things maybe true, yes. department of justice may have been out to get him. he made it easy. if you look at what is being described in this indictment confronted, he couldn't have made it more easy for him. >> shannon: a lot of what is in this indictment comes from one of his attorneys. how much of that maybe boot from the trial jury that hears this. keep noting there has been no defense in this grand jury proceeding. they get to hear one side. is it possible some of this evidence will be thrown out, sealed off so a trial jury never sees it? >> well, most damming piece of

evidence to me is the audio tape. consciousness of guilt. knowledge and intent, those are the darlings of a prosecutor's nursery. that came from president trump's own mouth. jonathan is exactly right. here is what i think people are wondering, jack smith brought up hilary clinton is it therefore relevant how the bureau and department treated hilary clinton verses donald trump in a trial. will a jury get to hear about the treatment? like oj simpson, police can frame a guilty person. both of those can be true. police framed ya and you are guilty. i will be curious what a jury does. >> shannon: have you ever seen a

moment like this? >> never. this is truly unprecedented. never seen anything quite like it. worth keeping in mind, shannon, indictment or conviction would not prevent supporters from standing by him. if he wants to be elected president, he needs votes of a lot of people that didn't vote for him last time around, voted for joe biden. in any real world in the light of this and all else that happened after 2020 election going to vote for him this time, hard to believe. >> shannon: final word, professor. >> a lot of this will depend on the schedule. i can't imagine defense wouldn't waive it putting the trial 70

days, you can kick it out 120 days. that the not counting appeals. this is a race to the end of the runway. whether smith can make it. if it goes beyond the election. you have this looming question of a pardon by elected donald trump. >> shannon: it is another segment. thank you all very much. >> thank you. >> shannon: up next, republican mayor of miami considering 2024 presidential bit, frances sw swarez. we'll be right back. (vo) while you may not be a pediatric surgeon volunteering your topiary talents at a children's hospital — your life is just as unique. your raymond james financial advisor gets to

know you, your passions, and the way you give back. so you can live your life. that's life well planned. francis suarez

>> already sizable 2024 gop field still expanding. chris christie, mike pence and doug bergham are all running. miami mayor frances suarez, former us conference of mayors

president. florida governor ron desantis and president trump. take ago few swipes at desantis. francis suarez joins us now, mayor, welcome back to "fox news sunday." good to be with you shannon. >> shannon: what do you make of this indictment coming in your backyard in federal court? >> what i have been hearing from republicans i have spoken to, frustration, growing frustration our institutions, not just the press which has all time low rating in trust, also justice. pillar of democratic society. trust in our justice department eroded as well. these are core institutions in a democracy must have the people's trust. when you see things like this

that have political overtones, very frustrating for people. in miami we are going to have a press conference monday to talk about safety and security. we want to make sure all the citizens are able to express first amendment rights. at the same time, we are going to keep them safe and no disorder. >> shannon: you and i both attorneys, while there is a lot of them being pointed at the justice department, knowing the statutory law, do you think there is merit to proceeding in the case. president presumed innocent and have his day in court. >> part of this is did it have to get to this point? this is unprecedented. someone running for united states and prosecuted on multiple fronts and more prosecutions coming down.

this feels un-american, feels wrong. people are frustrated they don't see equal application of justice, same ferver, same intensity of investigations and prosecutions on the other side of the aisle. >> shannon: you said you didn't vote for president trump 2016 and 2020. you said if he was on the ballot you would vote for him. in the meantime, tell me why now you would be a yes on president trump. answer your critics that maybe political in nature and hoping to join the ticket? >> i am considering myself running for president of the united states, if i were to decide to run, i would be voting for myself. i think this problem here is a fear of joe biden's america. it is an america where the poor

get poorer. america where america gets weaker. and america where the possibility of china being the lone super power something that frightens me. i have a nine year old and five year old. that is not the kind of america i want to grow up in. we have a taste of what a dysfunctional government can do to destroy our country. if you take that out into the future it is incredibly scary. >> you mentioned china, wall street journal among those. they broke the story, china entered into an agreement to pay billions of dollars to cuba. wall street journal, 100 miles from florida allow chinese services where many military bases located and monitor u.s.

ship traffic. white house and pentagon said a senior administration official we had awareness. we inherited this before the biden administration. be that as it may there are reports secretary blinken maybe headed to china. if and when he does, what the message should be? what should it be to the chinese about these operations in cuba? >> this was completely foreseeable. i said july 11th that the united states had to act decisively. this is another biden failure and another consequence of no coherent policy to deal with rise of socialism. cuba that went from a threat become national security threat. again when there is inaction, consequences.

message would be under suarez presidency, this would not happen. cannot happen we cannot convert countries in our hemisphere into national security threats. going in the wrong direction and making country and citizens safe. >> we know you have an event at the library. miami herald reporting on 70 million dollar project until a call to the zoning director in miami. then it moved along. local officials looking into it. fbi and sec opened investigations. focussed on a developer. special agents with fbi public

squad began questioning, zeroing in on payments constitute bribes securing permits from the mayor for location ventures, your client mixed use project in coconut grove, they report you were paid $170,000 from the client. what do you say at least appearance of public work and private work. >> i have been a working public official 13 years. 31 out of 34 mayors in our county are working mayors. i have had unblemished -- my local newspaper all the sudden assigned three reporters and coming up with allegations in advance of what appears to be a major announcement.

i am not surprised. to be honest, some ways it is a blessing. you said it correctly if you do decide to run for the presidency of the united states, it is the most scrutinized endeavor. you have to expect attacks and press to criticize you. i have no problem being criticized part of the business part of the job. when the press selectively reports facts and creates inclusions and shopping things around that is why you have to draw the line. so few people have trust in the press. >> shannon: is it fair to be said you were paid by this developer e-mail from the client please thank the mayor with his help. call to the zoning director, project got moving after that?

>> it is common for people to want to thank the may to thank the mayor. we have a director, hundreds and thousands of cases come to the office in the regular course. from what i know, it wasn't a controversial decision, no one complained. this is something the miami herald, liberal institutions, liberal editorial board. this after 13 years of unblemished record, all of a sudden they are throwing things at the wall to see if it sticks. it is why good people decide not to serve. as a set we have to find a way to reinstitute trust in

institutions like the press and justice system. >> shannon: you have referenced big announcement, any clues you want to give us? >> well, my announcement is to stay tuned. next week i am going to make a big speech in the reaganalk abo country,y not po poverty. we have had our fore father leo patalinghug -- fathers fight for our country. a future where we are not scared to compete. we are in incredibly disruptive moment in history. we need to step up as a country and understand where it is going to position ourselves.

i have traveled across the country, iowa, new hampshire, south carolina, when i take the message to people they want to hear more. if i decide to run, i'll make it on august 23rd and bringing young voters, suburban women, bring into the republican party. chance to win 2024 and generations of the future. >> shannon: time is up, mayor swarez great to see you. >> any time you want. >> shannon: an fbi memo containing serious allegations. ', a once-daily pill. because i won't let uc stop me...from being me.

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>> shannon: that was former attorney bill barr reacting to

details of the trump indictment. time for sunday group, olivia beavers, juan williams, guy benson and host of "getting hammered" podcast, mary katherine-ham. very interesting morning. here is the thing we have to think about, how this impacts '24 field and race. ap says new indictment throws trump back into the spotlight. they are all being forced to rush to his defense, too. >> yeah, two things going on, original sin of the legal fights against trump. fabrication of russia gate from ironically russian info. that is a problem. people on the right understand gop primary voters weary of thing.

then there is the hilary clinton treatment they find to be not proportionate. he seems to be out to get himself. they are going to have to prosecute the case. >> shannon: grand jury is one sided. there is no defense of president trump. he starts that by at least the public part of this two big fiery speeches. never going to back down, keep fighting this. what about this idea now all the other contenders have to talk about it and whether they would pardon him.

>> hard to stay on message with yourself. a lot of the republican base caught up in it and interested. when it comes to the substance of this. huge gap in terms of quality of arguments presented by trump's attorney verses his own former attorney general. i mean, when we look back at the new york city indictment, alvin bragg. this is political, this is a witch hunt. 0-3. on this case 3-3 calling it damming, devastating, extremely serious. serious as a heart attack. that matters. substance matters. i am not going to contort myself to defense any of it. half of it is true.

trump is in very serious trouble. that is on the substance, the merits. on the politics, hilary clinton comparison is apt. it is something that will be cited by a lot of conserve tying runs concerned about a two-tier where a democratic doj said we are not going to prosecute her and new democratic doj very similar case, we are going to prosecute him. that is a live issue in my mind. >> also bringing up issue of hunter biden investigations. still proceeding as far as we know u.s. attorney delaware. timing for the perfect just position.

the tale of this poker game, they bring uphill hill and hunter biden. i have a good defense for this indictment for the former president. in terms of the drama playing ou against the fbi director christopher ray.e looking at. secret document jim comber, head of the oversight committee demanded doesn't indicate bribery. second hand allegation reviewed. as we heard this morning from bill barr you asked him. barr said people in pittsburgh weren't authorized. this is determination made under trump white house. >> shannon: sent over to already open investigation in delaware.

>> we don't know. i am saying this is an effort to distract from what we know. the reality is, with president trump's base, two indictments now fining of liability and sexual assault, twice impeached. they are locked into his personality. >> the people that love him love that is where he is going to go and stay. to this point about this fbi document i asked bill barr about. he is somebody who has seen the document, this is what he said after seeing it. >> reporting to this point

always been joe biden denies any knowledge of what hunter and brother jim have been doing. according to the document, we have both read that is a lie. joe biden absolutely knows and has been engaged in this throughout the entirety of this corruption scheme that has been going on. >> shannon: knowing about it or benefitting from it, allegation there are payments from one source. we are also told it doesn't say payments to joe biden. >> it does mention hunter biden, payments and sort of conversations about how these payments will be hidden through different shell companies. references you are seeing members talk about, they are trying to suggest leads back to the president. i covered the russian investigation, one of the

lessons i learned people coming back from a skiff, both parties messaging, classified document ends up helping. more scrutinizing of what they are coming out and saying. >> i appreciate this lesson. problem is lesson wasn't learned during russian gate. fairness matters how they perceived the doj. >> shannon: panel, thank you so much. we'll see you next sunday an we'll be right back. the chase ink business premier card is made for people like sam who make...? ...everyday products... ...designed smarter. like a smart coffee grinder - that orders fresh beans for you.

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eastern. see you next sunday on "fox news sunday."

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