francey, what's the biggest weakness in this case? you've said it's loaded with serious legal and constitutional problems. >> yeah, liz, i think the biggest weakness is that every count relies upon the prosecutor being able to prove that trump was knowingly making these false statements that they say led to a conspiracy. so i think weak link number one is proving that trump did not believe that he had won the election are, that he was knowingly spreading that falsity that the election was rigged, stolen or otherwise flawed. and i don't think they can prove that. i think donald trump honestly beliefs -- believes that he won that election, or he certainly believes that joe biden didn't win fair and square. and the fact that people were telling him that doesn't mean anything when you had other people telling him that he was right. and he wanted to be right. elizabeth: sit tight for a secondful -- second. the special counsel is saying mike pence's contemporaneous notes. what do you think that will show in terms of trump's intent and frame

elizabeth: let's get back to francey hakes.ust talking about the corruption of the justice system should terrify americans, that this plea deal that, for hunter biden that the doj allowed which would give him blanket immunity preemptively for future felonies, that's one thing. people's hair should be on fire about that, that the doj obstructed can and blockaded the investigation into hunter biden according to irs whistleblowers, blocked details about the hunter biden laptop before the 2020 election claiming it was russian disinformation and also gop officials accused the doj officials in manhattan trying to arrest devon archer before he was about to testify, francie. put this all together. >> yeah, i think that's a great way to put it. americans' hair should be on fire about what is going on at the department of justice. if you just look at what happened in the courtroom last week, liz, the department of justice sat and told the court that hunter biden failed to pay taxes on a million dollars he got from a chinese man that hunt

what do you think, francey?well, you know, liz, i think it's utterly outrageous that the fbi had hunter biden's laptop in 2019 and the opportunity to start an investigation based on the probable cause contained inside that laptop. he's got probable cause all day long for a myriad of corrupt offenses including money laundering, pay to play, influencing public officials and public policy for money. you've got evidence inside that laptop that was in the possession if of the fbi four years ago. why are we just now hearing about it in the fact that you have a special counsel now appointed and the fact that you had david weiss looking into hunter biden for all these years and all they managed to say that they find are a couple of misdemeanor tax charges and some gun offense in are you kidding me? this is outrageous. everyone in the country should be frightened of the omissions here by the department of justice and the fbi in addition to the commissions that appear to be going on with the now-special counsel's office.

francey, does it come back to the d.a.g to prove criminal intelligent behind all of these charges -- intent -- including rah racketeering, that don -- donald trump knew everything he was doing was unlawful? it sounds like he was utilize aring the legal process. >> well, of course, prosecutors always have to prove intent, what is it that the defendant intended, and the defense will be showing exactly what it was that president trump intended. i mean, liz, sam makes a great point. if i walk into a bank right now and say, hi, i'm wondering if you would give me a million dollars, i'm not guilty of bank robbery. and if i ask you, liz, to give me your car, i'm not guilty of carjacking. these acts are simply not criminal. and i think the other question to me is president trump was the chief law enforcement official in the united states, and he has a constitutional obligation to take care that the laws are faithfully executed. and it seems to me that that includes taking care that the elections are free and fair. and so asking que

thanks so much francey hakes, appreciate it. efforts are well underway in hawaii. where will cain got a bird's eye view because he went up into the sky on the desks, the horror taking place in and around maui. we still do not have a final death toll. it could get a whole lot worse. we will have the details. you are watching "fox & friends." ♪ she's been looking for. sotyktu is the first-of-its-kind, once-daily pill for moderate-to-severe plaque psoriasis for the chance at clear or almost clear skin. it's like the feeling of finding your back... is back. or finding psoriasis can't deny the splendor of these thighs. once-daily sotyktu is proven to get more people clearer skin than the leading pill. don't take if you're allergic to sotyktu; serious reactions can occur. sotyktu can lower your ability to fight infections including tb. serious infections, cancers including lymphoma, muscle problems, and changes in certain labs have occurred. tell your doctor if you have an infection, liver or kidney problems, high triglycerides, or ha

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