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let's bring in fox news contributor andy mccarthy., the letter contained in a box he sent to a friend asked the friend to hold it and friend only recently opened the box. what do you make of the new evidence? >> well, the immediate issue that they have to address right now, dana, is, is there enough evidence to hold ryan routh prior to trial? he hasn't been indicted yet. the issue before the court if there is a condition or combination of conditions that can satisfy the court he will neither be a risk of flight ordaininger to the community. the justice department wants to run up the evidence he is a danger to the community and someone the court can't afford to release at this point both for purposes of protecting the community and because he might not make his court appearances. so that's the immediate issue. then i think the next thing is when someone is detained, the justice department has ten business days to file an indictment. when they file the indictment i expect we will see more serious charges. >> dana: can i ask you about th

also hear andy mccarthy former u.s.orney and trend will contribute are you're thoughts on what we are seeing and hearing coming out of this hunter biden case this afternoon? >> i think what we are down to martha is can the judge legally take a plea where the defendant is not just saying i'm not going to contest guilt, he is saying i'm affirmatively innocent but i want to plead guilty anyway. and the judge take that kind of a plea without the government's consent? i don't think it would be right to do so and i also don't think it would be wise to do so. the federal sentencing is controlled by rule 11 of the criminal procedure rules and it requires in a case of nolo contendere plea which is where you say i pleading guilty but not contesting guilt. the government has to consent to that. here when not just talk about that but something that's even more controversial, a defendant saying i am going to plead guilty but i maintain that i'm innocent. if the rule requires that government signoff and a less controversial situation

let's add into the conversation andy mccarthy. your thoughts?g us. >> i think today i like brush back pitched better than googly, but i think that's what happened this morning. i think basically the biden team decided to throw a high, hard one of the government. they really don't have much else. in the hope that they would say, okay, fine, let's do it, let's get rid of it. i don't think there's much chance of that happening. if i am the government and i am the judge, i am really aggravated about this, because an alford plea, as i pointed out a number of times, is not something he defendant has a right to do. no one can stop you from doing that. but an alford plea, you want something from the government. you want them to allow you to plead guilty without having to admit guilt. that is a plea arrangement. if i'm the government, i am annoyed about it because i should've heard about it before you announced it in open court. but also because, in federal law -- and this is very different from a lot of state law -- the court is not supposed to be invol

. >> dana: andy mccarthy says merchan got to the right result for the wrong reason. so check that out as well. >> bill: "wall street journal" writes this on what they called a flawed trial. another stark example the biden administration's incompetence and distortion of justice through a partisan left. left to the appellate courts and security to clean up the mess the justice department has made. that is something that andy mccarthy and jonathan turley have been beating that pot over the pan for months now and will continue to. >> dana: we'll get you to this as well. david spunt joins us with a look at the status of former president trump's legal cases. what can we expect? >> the status looks good for him. january 21st of this year he was staring down six individual cases, of the four that are criminal, two are federal cases, both essentially are somewhat on ice right now. the only one that went to trial was the manhattan case, the hush money case involving that payment to stormy daniels. that right now has a sentencing set back to november. the case in washington, d.

we are going to get brand-new reaction for andy mccarthy. he'll be here after the break. also the white house is now weighing in through karine jean-pierre and kamala harris commenting on this. all of that when we return. with chase freedom unlimited, you can cashback 3% on dining including take-out. cashback on flapjacks, baby backs, or the tacos at the taco shack. nah, i'm working on my six pack. well, good luck with that. earn big with chase freedom unlimited with no annual fee. (♪) hey lexus, show alternate routes. technology that's ready for the road ahead. the lexus nx. han is 22 years old. he's not just a pet, he really is a part of our family. knowing that he's getting good nutrition, that's a huge relief for me and my dad. (sings) old bean piglet head yes that is your name. if you saw his piglet head you would say the same. toot toot. >> sandra: fox news alert, 42 minutes past the hour and we are awaiting this trial to resume soon in the hunter biden case where he now, we have just learned, intends to change his plea in this federal tax case to guilty. you will o

former attorney for southern district of new york,andy mccarthy joins us now employs ryan wesley routhiple times to that loecate opt. he is facing possession of firearm and assassination attempt of a president. this is an area photographers go to take pictures, used for assassination of a president? >> you would hope the intelligence network around to protectee would be good enough you would somebody, something would be tingled along the line and get more information about what this dpie was up to. that did not happen. >> brian: when you see the fact he left a note saying, sorry i failed you, i tried my best and indicated he has $160s,000 for future assassins, what does that tell you about this case? open and shut? >> attempt is more complicated crime than epel think. you have to show, especially if you have not caught the guy at the moment, you have to show there were a series of steps that were so obviously intended to commit the objective murder you have intent to murder and something very concrete attempt rather than mere preparation. these steps are all important as far as prosecu

. >> martha: andy mccarthy a thank you very much.ank undp that started just beginning will stay on it. a lot breaking as we have said this are a former president trump is in new york and he's going to hold the news conference from trump tower we will take you there for that live. and multimillion dollar legal battle plays out here in new york. it's raising questions about whether or not the huge judgement against him that's been really questioned with regard to realistic evaluation with -- all the details coming up next t back to better breathig with fasenra, an add-on treatment for eosinophilic asthma that is taken once every 8 weeks. fasenra is not for sudden breathing problems or other eosinophilic conditions. allergic reactions may occur. don't stop your asthma treatments without talking with your doctor. tell your doctor if your asthma worsens. headache and sore throat may occur. tell your doctor if you have a parasitic infection. step back out there with fasenra. ask your doctor if it's right for you. ♪ ♪ have you always had tr

andy mccarthy, it's a rather long quote, but immunity how it might affect sentencing. >> immunity is among the criminals laws the defendant is entitled to an immediate appeal, particularly a former president with potential criminalization of acts and whether it is or was proper to have a trial in the first place. immunity questions then should be decided before the immune defendant is subjected to further proceedings. should he get an immediate appeal based on this immunity? >> oh, on the immunity argument, absolutely. and judge chutkin in d.c. recognized that when she did her scheduling order the other day, she said it's going to be appealed immediately. there's a narrow category of issues in criminal cases that can be immediately appealed. another example is double-jeopardy. the whole point of the double-jeopardy clause is that you not be subjected twice to a trial. so the damage is already done if you go through that second trial so you're allowed to appeal immediately and i think the same thing is true with presidential immunity. david: very quickly on hunter biden and his decisi

biden and a kamala harris administration own wants you to keep your nose out of their business, andy mccarthyd they are waging a prosecutor goal turf war with the state of florida to keep control of the case. i? because the joe biden has his fingerprints are lower this. >> of the former presidents protective apparatus allowed for the early identification and lead to a safe evacuation. the increased assets by president biden were in place yesterday. >> jesse: that is as secret service director edwin a that president biden is personally involved in trump's security details, joe biden, the man who cannot protect our border is personally involved in protecting donald trump. biden is drugging what's trump assets is allowed to happen. the same guy who raided trump's house is in charge of protecting his life, the same guy who calls him with right is in charge of protecting him from threats and trump has been shot almost twice break if joe biden really wanted to provide donald trump with proper security, he would. but after two assassination attempts, there are still holds. the joe biden white house

attorney, andy mccarthy i should say, spoke to america reports yesterday and give this take on why hunter biden may have offered to change his plea in the first place. >> i think two things are going on here. first, he knows he's going to be pardoned. somebody who was interested in a plea negotiation would be trying to negotiate which counts to plead guilty to in order to minimize the potential damage. he's offering to plead to the whole indictment because he knows at the end of the rainbow, he gets a pardon. >> charlie. >> whether it is a commutation or a plea, joe biden is going to pardon his son, no doubt about it. joe biden got his son into this. the whole business was built around, as you pointed out, how did he make so much money. the reason he made so much money is because his dad was president and then vice president periods dad got him into this business and i think you will probably him out of it. whiles what he plead guilty? he pleaded guilty because he is guilty. the idea that hunter biden is walking around and acting like his family is the victim -- if his family are the vict

. >> harris: you were talking about andy mccarthy there. of our fox news legal analysts have been kind of watching this together so our audience will get the benefit of many takes on this all day long. i want to start with you. the news is breaking, kerri, what does this mean for the gun charge case as well? >> it doesn't affect that. the sentencing for that is after the election. a separate issue all together. and the reality, though, of course, as has been discussed. the president could pardon his son on both. he has nothing to lose like we discussed in your hour just 45 minutes ago. and so i think the most -- interesting thing that will happen now is what is the sentence, what is the punishment? and that will be interesting to see if how much prison time and fines. again, president biden could both pardon him and commute his sentence. >> harris: i was quoting you when we were talking about that moments ago, our correspondent jonathan hunt and i and he was right to point out we don't know. we agreed since there is nothing to lose, the cam

of interest with judge merchan he claims he did with interest of fairness in mind and read from andy mccarthyiece he wrote on fox news he said in his letter -- merchan is talking about the judge. preciously protest that he's, quote, fair and partial and apolitical to the contrary he's a partisan democrat who as contributed to biden 2020 campaign against trump in violation of judicial ethic laws and whose daughter as doug just mentioned is a progressive, political operative working for kamala harris. what do you make of this? clearly he's got conflicts of interest. >> yeah. major conflicts of interest but the more important thing here is this is out of the way pushed and you know, after the election. so that not only trump, but the harris campaign they can all focus on what really is important to the american people. and it's the issues, i mean, too much of the trials and the side show going on, i think that the judge did the right thing by delaying sentencing to after the election. there's going to be a lot of theories on both sides of the aisle but the fact of the matter this really clears t

a lot of things the state wants to handle and maybe get you information how andy mccarthy thinks it is appropriate that the state even take the lead here. we have him walking out now. let's get ready for that. any thoughts before he starts? >> bill: one of the things he said to jesse last night. if you have the f.b.i. and d.o.j. investigating donald trump now on appeal now, trying to reinstate an indictment already dismissed, they are the best people to turn around. he was questioning that last night and see if he brings it up today. >> good to be back in palm beach county. i will assign the case involving the attempted assassination of former president donald trump to the office of statewide prosecutor under the supervision of attorney general ashley moody. the suspect, ryan routh, is believed to have committed state law violations across multiple judicial circuits in this state. palm beach judicial circuit. judicial circuit in martin county and perhaps the judicial circuit represented by broward county. the state of florida has jurisdiction over the most serious straightforward offen

scholar, expert including people and highly respected people like the people in this room, like andy mccarthylan dershowitz, stephen calabrese. david reif can, katie and andrew kautsky. and even from cnn, eli. i appreciate that because he has been great, they scent a great -- a case that should not be a case. and should not be brought, politics. but i greatly appreciate the words in the letter today from the judge, he said if necessary been utilized in the decision because there should be no -- this case should rightfully be terminated immediately. and as we prepare for the most important election in the history of our country, it's the most important election we have ever had because our country is going bad. you may have noticed, you take a look at some of the people pouring into our country by the millions. in addition, there was a big political victory today and asserted -- north carolina, has anybody heard about north carolina? [cheering and applause]. i even have a grandchild, very beautiful grandchild named carolina, and laura is here today. where's laura? [applause]. >> carolina is a

let's bring in andy mccarthy former assistant in fox news contributor. you typically are nonplussed by most doj action. what you think of this? >> i think it can't be disaggregated from everything else that you guys just discussed. i'm thinking of last nights indictment of dead people which i have to tell you, i was a prosecutor for 20 years. i could've piled up quite a number of wins if they had told me i could indict the dead. so i was a little bit astonished to find that last night but it seems to me that they are using their ability to message in order to help the democratic campaign obviously iran stuff is much more alarming than anything else that he laid out because that is a hacking operation on a candidate. what i get concerned about with the russian disinformation stuff is the same thing i've been concerned about over the last eight years which is the fbi and the justice department have turned russian disinformation into a career path for advancement. there's very little evidence that it has any effect on american elections. it has been a fact

. >> dana: andy mccarthy led the prosecution. this came up last night when we were on "the five."ng to me to see a couple of names on there, but you have even looked further. some of these guys are dead. >> yeah, three of the six "defendants" -- i think a normal, sensible times we would call them alien enemy combatants -- but three of the six defendants here are deceased. the justice department had to know that, even though doj is not supposed to prosecute dead people, because you can't. they had to have known this as they were drafting the charges, because one of them was killed in march. >> dana: so it was the point? >> its astonishing. well, it is a press release more than a charging instrument. it is supposed to demonstrate that kamala harris in particular is really tough on hamas, and especially the fact that hamas is backed by iran, which they go on at some length about. i think coming away from this, dana, the impression you have to have, if we have known all this stuff about hamas all this time while they were conspiring to kill americans, why weren't these charges brought

former federal prosecutor andy mccarthy says the feds are waging a prosecutorial turf war with the state of florid a o to keep total control of the case. why? ol obecause biden hasha his fingerprints all over this. >> the former president's protective apparatus allowed for the early identification of the threat and led to atifica safe evacuation. tithe increased assets directed by the president, by president biden were in place yesterday. >> that's the secret service i director admitting that president biden is personally involved in trump security detail. >> joe biden, the man who can't protect our border, has gottenon personally involved in protecting donald trump. rotecter ibiden is directing whs trump's allowed to have and not allowe d to have. the same guy who raided trump's house is in charge of protectin guy rg his life. >> the same guy who calls him, h a threat is in charge of protecting them from threats. >> and trump's been shot twice g ,almost twice.trump ha >> if joe biden really wantedtoo to provide donald trump with proper security, he would. but aftevi donald r two assassi