His team expected to hear charges, enter a plea during the initial appearance. The former president is calling for the case to be moved out of washington. He claims it is impossible to get a fair trial in d. C. Fox Team Coverage with Alexis Mcadams on trumps legal strategy. First, go to Griff Jenkins outside the Federal District court In Washington. Griff, what are you expecting out of todays proceedings . Here we go, jillian, mike. We expect things to get more interesting here. We expect the former president to make his way to District Court here in d. C. Once he gets here at 4 00 p. M. To go inside for that, lets talk a little about whats going to happen. He is going to go before a Magistrate Judge, not the judge that will preside over his trial, a Magistrate Judge for the initial appearance and fox news confirms, being told by the court, this will be an arraignment. We expect the former president to plead not guilty to the four charges, but already as you mention in that intro, he is worried about getting a fair trial. Heres what he wrote last night on truth social. Quote. The latest fake case brought by Crooked Joe Biden and deranged jack smith will hopefully be moved to an impartial venue such as the nearby state of west virginia. Impossible to get a fair trial In Washington, d. C. Now, lets look at the four felonies that mr. Trump is facing here, three of them are on conspiracy, one on obstruction. A key person in this case and political rival now of trump for the gop nomination, former Vice President pence who is blasting his former boss and the lawyers who pressured him to not certify the Election Results. Listen here. It wasnt just they asked for a pause, the president specifically asked me and his gaggle of Crack Pot Lawyers asked me to literally reject votes which would have resulted in the issue being turned over to the House Of Representatives and literally chaos would have ensued. Mike and jillian, there are six coconspirators listed in the indictment but not named. However, an attorney for John East Man that advised trump on a plan to overturn Election Results says he believes his client may be one of them. The advice was perfectly within the realm of good faith legal advice. If eastman is charged, he is going to trial. If convicted, he is going to appeal. We will never, ever make a deal. Now, out here obviously security is tight. U. S. Marshals have the entire courthouse fenced off. We are seeing a lot of media as you might imagine. Interestingly, though, only a handful of supporters, some protrump, some antitrump, but it is a much more subdued scenario than what we saw when we were in miami in june when trump was arraigned on alleged mishandling of classified documents, although we have a few more hours as things get near to the Court Appearance. Jillian, mike, send it back to you. All right, griff, at the courthouse for us this hour. Well check back with you throughout the show. Thank you. Mike . Jillian, we are showing the audience visuals from bedminster, new jersey. Go to Alexis Mcadams who is live there. Hi, mike. We are a short drive from bedminster on the screen, seeing activity at the golf club. Thats where we expect the former president to leave in the motorcade and pass behind me, then make his way to the airport, set to take off and land in d. C. Later this afternoon. He is going in front of a judge again, the third indictment, mike, in four months, this time related to january 6. Trump said he did nothing wrong and his son also slamming the charges. Take a listen. Hes going to win the primary, hes literally going to be running against joe biden, who estherably on every quantifiable trump. They want to take him out of the race. Weve seen this before. Prosecutors alleging trump tried to overturn the 2020 election and block the transfer of power. According to the 45 page document, trump and his allies tried to exploit violence, according to prosecutors and chaos by asking lawmakers to delay the certification of the election, even though they say trump knew that he didnt win. He will also be going to Newark International airport, only a 30 minute drive from here, mike, that shouldnt take too long. Then we keep a close eye on what happens at the airport, expect to land in d. C. A short time before the hearing at 4 00. Later this afternoon, donald trump will then appear in the courtroom inside of the federal courthouse in d. C. And thats where we are going to hear more about the indictment. Back here live, trump was the only person as you know, mike, charged in the latest indictment, but there were six coconspirators listed, didnt say who the people were. If you read clues that were vague, people are trying to figure out who those people are. We expect the former president to head back to bedminster later tonight. Well see if he addresses any of this to the media. Just curious about that. We have seen the former president speak after court dates previously. At this point, no announcement we will hear from him later today . No announcement just yet officially, but we have cameras all over the place as you know in d. C. And in bedminster, if he does decide to gaggle or say anything on camera, well make sure we get it. All right. Alexis mcadams live in bedminster, thanks. Lets bring in Jonathan Turley, law professor, and fox news contributor. Jonathan, lets recap the charges today that the president will face, four of them. Conspiracy to defraud the u. S. , conspiracy to obstruct official proceedings, obstruction of official proceedings, and conspiracy against right, Conspiracy To Prevent Americans to having a vote counted as i understand it. Trumps attorney joe moreau said yesterday that he is a smoking gun of innocence. What is that in your estimation . I cant imagine what that is. Trump in defending the case is at the threshold. The government will face very strong constitutional headwinds going into the case. There are legitimate free speech concerns raised by these charges. Essentialliesque charged with lying and the government is saying you can make false statements in an election, but not if you know that theyre false. But they dont really establish that he knew that they were false, even if the theory is correct. Jonathan, if you can hold on, sorry. Hold on right there just a moment. We are watching the former president come out of his residence inside bedminster there with secret Service Agents and security all around him. He is in the process of boarding the black suv where he is going to Newark International airport. He will fly to washington, d. C. , go directly to the federal courthouse where Griff Jenkins reported from just a moment ago. Theres the president inside the suv under that tree in the middle of the screen. We are going to keep tabs on him all hour long as he makes his way towards washington ultimately. Jonathan, going to bring you back in. Keep the visual rolling on screen as well. Is there a chance, jonathan, of the president ultimately serving prison time with this case . Well, theres always that chance. Going to go Out On A Limb here and predict that the president is going to plead not guilty in his arraignment. I am fairly confident of that. Its always dangerous to make predictions about the outcome in criminal cases, particularly when so much depends on these threshold questions. He is going to have a chance to take these issues all the way to the Supreme Court. One of the objections i have to the indictment is that it is trying to create new law here, not new law in the sense of these crimes have been brought in other cases but what smith is trying to do here i havent seen in any other political case, the Supreme Court said in cases like alvarez that even a politician who knowingly lied in that case was still protected by the First Amendment. But in this case, what the Special Counsel has said is that look, look at all the people that told him that he did lose the election. What they dont go into is how many people told him that he won the election. Now, he didnt listen to the first group. I was in the first group of many people that said he was wrong, but he had others that said he was right in opposing the election seeking to block the certification. The other dimension is that democratic members opposed certification of republican president s, including donald trump during the inauguration, there were riots to go along with claims that he was illegitimate. The concern is theres no limiting principle being offered by Department Of Justice of where it will end this role of criminalizing false statements in elections. Jonathan, at some point we expect the trump team to argue for postponing this case until after the 2024 election. Obviously he wants to spend early months of next year bouncing from early primary state to early primary state. What about that argument and when do you expect that to play out . Well, jack smith is asking for a speedy trial in both cases, thats usually something the defense wants, a constitutional right that belongs to the defendant. Almost all criminal cases, defendants waive speedy Trial Requirement because they need time to prepare. Its going to be very challenging to get this done by the election. You have a may date in florida. They just filed a superseding indictment in that case, and the trump team can go back and say look, you cant file essentially a superseding, new indictment with a new party, new counts, and then stick with the original date. So even that date might not be met before the election. There is one interesting thing here, however. As defense counsel, i would be tempted to give smith part of what hes asking for. He wants to move quickly in the d. C. Case. I would give it to him because i think this case has some very version and troubling elements up front. I would want, if i were the trump team, to move this case faster than the other cases, to get it to the Supreme Court, to get an answer on when you can effectively criminalize disinformation because this does look like a criminal disinformation case. We are following former President Trumps motorcade now. It has just departed his residence in bedminster, new jersey. We watched the president leave the house and get into a black suv thats in the motorcade now winding its way through new jersey, headed to Newark International airport. The president will then fly to washington, d. C. Where he will appear in federal court here to face an arraignment. Coming up in the 3 00 hour, want to reset so people joining us now know what we are looking at. Jonathan, while i have you here, can you talk to me about the additional coconspirators, six total in this case. I want to know how the potential charges against the other cocon speerors may or may not impact charges that trump himself is facing. I think the Department Of Justice clearly would like one of these coconspirators to flip, could be part of the reason they werent indicted. Another reason is if you indict a lot of coconspirators, you make it difficult to get the trial before the election. But i think they clearly hope at least one of these individuals could end up supporting the government as a witness. The individuals are not hard to figure out. Theyre the usual suspects. Youve get people like john eastman, sidney powell, rudy giuliani. They gave him the advice. They also go to the heart of the issue here of whether you can essentially criminalize bad legal advice, not just giving of it, but the accepting of it. Thats a Slippery Slope and it should concern all of us. People are blinded frankly on both sides, we are living in an age of rage, theres little room for reason. But we do have to consider implications of this case. I think the implications are rather dire for free speech and i think the court has to confront that. Ultimately i think it will move quickly to the Court Of Appeals and Supreme Court because they will expedite this issue. You cant have these counts without resolving the First Amendment claim. For viewers just joining us, we are looking at live images from bedminster, new jersey, where former President Donald Trump is in a motorcade now, winding his way towards Newark International airport. He is expected to fly here to washington, d. C. To appear at the federal courthouse for his third criminal arraignment. Jonathan, as we look at the various cases against the former president , im sure a lot of viewers are wondering which one in your view is the most serious of the three, and potentially four if you consider georgia. Well, ive said for over a year the case i would be concerned with remains maralago. Those documents. When they filed that indictment, i said look, this is a strong indictment. These are counts that they bring often, they have a lot of evidence to support them, doesnt mean they can prove it, doesnt mean that its true, but thats a very strong indictment and it doesnt give the president a lot of maneuvering room. Some of what the government showed there is quite damaging. On the other end of the scale is alvin braggs filing in new york which is almost laughable political prosecution. We are still waiting for atlanta. And theres going to be some overlap between this indictment and atlanta. But what we expect out of georgia is a more detailed indictment as to phone calls made and pressure applied to georgia officials. Were going to have to see if they have something new. One of the things we said about this indictment is that we were hoping Jack Su Smith if he was going to indict would come forward with established precedent, Unassailable New evidence. He really didnt do that. Theres nothing particularly new in this indictment. This is largely a collection of what we previously knew, lots of people told him he was wrong, lots of people said he couldnt oppose certification, then there was a small group that assured him he could. And he listened to the second group. Jonathan turley, fox news contributor. Thank you so much for your time and analysis today. Lets bring in ari fleischer, former White House Press secretary and fox news contributor, welcome. Thank you. So we are political guys, right . I covered the Bush Campaign in 2000, you were the White House Press secretary. From the political perspective because former President Trump is the frontrunner in the republican race for the white house now, how concerned would you be if you were on the trump team about him being in courtrooms next year and not out on Early Campaign battleground states. Oh, i think by now the trump team has made peace with this. I think they realize to win the nomination, candidates have to go to i iowa and New Hampshire and he has to go to court. Theyll treat each of these as a campaign event. I expect him speaking out, his attorneys will probably cringe, he will speak from courtroom steps, wherever i can find a microphone to say this isnt about me but it is about you and i am fighting for you, turn every one of the court cases into another reason he should win a primary. Thats what i would do if i were donald trump. Ari, the former president himself claimed many times over that the piling up of criminal indictments only fuels his political fire. The polls, in fact, reflect that reasoning. Today he posted a few moments before we came on the air something to the effect of i just need one more indictment to clinch the nomination and eventually win the presidency. Do you think thats accurate, does that reflect the Political Climate right now . Well, if thats not proof theyve made peace with this, i dont know what is. I think thats probably true for a primary. I still believe hes going to have an alternative, someone will emerge out of the pack and it will turn into a race at some point likely in the fall, early next year, early 2024. In the general election i would not make that con conclusion. I think it hurts donald trump in a general election, particularly with a group that republicans struggled with recently, College Educated suburban voters. May help with blue collar voters that dont think he can get a fair shake In Washington. So primary, i think this fortifies him. General, i think this could potentially hurt him, yes. Lets show the audience the real clear politics average of recent polls with former President Trump way ahead, 53. 9 , desantis, 18. 1 , ari, what about the dilemma for the other republican candidates that dont want to look like they support the Biden Justice department in local prosecutors, yet keep getting asked about the former president. Well, thats why i say someone will emerge. Theres always an alternative, even for a frontrunner. Who will it be. Someone has to find an effective way to take on donald trump taking on the biden administration. Several of them are struggling how to find the right words to do that, and senator tim scott seems to be ignoring it all, trying to rise up by being positive and talking about the greatness of america. So thats where it is going to shake out. I want to spend a second. I have a thing about the indictment itself and what it means to accuse a politician or criminalize a politician who lies and in the course of a lie contributes to a riot, and the riot leads in the case im thinking of to arson, looting, attacks on police vehicles, and ultimately the shooting of two Police Officers. And im referring to 2014 in ferguson, missouri. When a group of people lied about the shooting by a Police Officer of someone they all said hands up, dont shoot. Hands up, dont shoot. And that motto that the democrats, including House Democratic leader Hakeem Jeffries said regularly helped contribute to that riot. So why arent they being prosecuted for lying that helped lead to a riot . Ari, stand by. Thanks so much for doing this this hour, we appreciate it as always. Stick with us. We are following the movements of former President Donald Trump as he departs bedminster, new jersey, and makes his way to washington, d. C. Where we are this hour. He is expected to arrive at federal court at the 3 00 hour likely to face arraignment on the third of his criminal indictments. Stick with us. Clearchoice dents makes every day. A lets dig in day. Mm. A chow down day. A take a big bite day. A perfectly delicious day. Mm. [ chuckles ]. A love my new teeth day. Because your clearchoice day is the day everything is back on the menu. A clearchoice day changes every day. Schedule a free consultation. Veteran homeowners to combat todays rising prices. Lower your Monthly Payments with the three cs pay down your credit cards, pay off your car loan, consolidate your debt with a va home loan from from newday. Welcome back. Lets bring in senior political analyst Juan Williams and david avela. Gentlemen, welcome. Good to be with you. David, your thoughts as we await third criminal arraignment for former President Trump . Another day where the president gets to defend himself. With every victory he gets, he only becomes stronger in the republican field towards getting the nomination. Juan, republicans right now, though, are accusing President Biden himself of actualizing the latest indictment against the president saying that essentially the Department Of Justice under his guidance or influence is trying to distract from Hunter Bidens legal woes of his own forthcoming criminal indictment. Well, i mean, this is very interesting to me. Its kind of what aboutism because i mean clearly most people would say all the talk about hunter biden is really an effort to deflect and distract from this coming indictment and the two other existing indictments against the former President Trump. But you see republicans saying this is about weaponization of government, this is about politics. The former president s lawyer has said this is a political prosecution and the president himself in his tweets, jillian, has been very clear that he feels this is the Biden Justice department as opposed to the argument that came from jack smith, the prosecutor, which is this is defense of democracy against a former president who refused to acknowledge that he lost and launched an insurrection. Former hunter biden Business Partner devon archer testified for multiple hours. The transcript released earlier today, david, curious what your key take aways from that are at this point. Biggest take away is we are learning and seeing more and more that joe biden is not the individual that we thought he was or certainly was portrayed to be, you listen to Congressman Goldman and many democrats, hunter biden is having zoom meetings, joe biden is walking by saying hows the weather, all sitting around looking at his art, the president saying thats nice art. With archers testimony, you see the president was much more involved. Certainly the president has the right to defend himself and show that he was not in those meetings or he didnt do anything illegal in those meetings, but we need to hear more about this. It goes back to my first point which is joe bidens not the person we thought he was. He is not this centrist want to bring people together who is going to help get the country moving forward. Not only with his policies but even personally. This is not the gentleman we were told he is. Juan, archers deposition revealed nearly 1. 3 million for hunter biden in income during 2018 and 2019 from chinese backed or chinese affiliated entities. His father, President Biden, has taken great pains to try and not comment, certainly not confirm anything related to the investigation into his son, but the one thing he took exception to and went on record to say was that he had never accepted any money from china. Take a listen to this flashback. China ate your lunch. No wonder, your son goes in, takes out billions of dollars, takes out billions of dollars to manage, makes millions of dollars. Simply not true. What did he do with burris ma. . Not true. It is a fact. You raised an issue. Let him answer. 183,000 a month with no experience in energy. My son did nothing wrong at burisma. I think he did. Certainly at least portions of what the president has now said live and television have been discredited. Im not clear. I think that yes, what you see is hunter biden had a business deal, had some earnings coming from china. What i took away from what archer testified is that the president was not part of any of those deals, no money, no Bank Transfer went to the president. The president was not involved in any kind of negotiation over prices or anything. Thats what archer said. Either archer is lying about that, i dont know. But seems to me that in terms of any direct connection to the president , doesnt exist. The president is there on stage with the former president saying i dont know anything about business deals and how much money youre saying my son, he just says he doesnt see it. I think with regard to the calls, i think that beau biden died in that time frame and President Biden was trying to support his son who as we all know is a very troubled individual. David, juan, thanks very much. My pleasure. Thank you, guys. We are keeping a close eye on the former president s movements as he heads to d. C. Where he will face arraignment in federal court in a couple hours. He will be in front of a judge appointed by obama. She gave the january 6 Committee Access to files in 2021. How could that impact the forthcoming case . Were going to talk to Andy Mccarthy next. With a majority of my patience with sensitivity, i see irritated gums and weak enamel. Sensodyne Sensitivity Gum enamel relieves sensitivity, helps restore gum health, and rehardens enamel. 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For a limited time, bring home incredible comfort with 400 in savings on select mattresses. Learn more at stearnsandfoster. Com. Welcome back. The Ratings Agency downgraded the u. S. Credit rating first time in more than a decade. The white house was caught off guard. Edward lawrence joins us from 1600 pennsylvania aefr with the details. Turns out you cant spend 5. 8 trillion and have no consequences from this. Fitch made the Downgrading Move for a number of reasons, one of them because deterioration of the economy over the next three years as well as the higher debt burden within that. So as Interest Rates rise to flight inflation, more Taxpayer Money is needed to pay the interest on the federal debt. We are spending more on interest on the debt than all federal spending on children, including education, child nutrition, child tax credits, you name it. Within five years well be spending more in interest than on defense. On the current course, interest will be the single largest Government Program in a quarter century. Thats clearly unsustainable. Some democrats are starting to take notice. Senator joe manchin says this is a stark warning that cannot be ignored. We must act now to fully fund the government and address our National Debt before we wake up to a future where America Super power status is in jeopardy. Manchin was the deciding vote for the Inflation Reduction Act and The Next Big Thing here is going to be the budget battle. In fact, the government runs out of money after september 30th. Nobody wants to shutdown, we want to work to get Appropriations Bills done. We are insisting we spend less. The idea that we have already spent over half a trillion in Deficit Spending over just the last six months and we are going to have over a trillion added to the debt, it is unsustainable. I talked with several ceos that do work with the government, government contractors, theyre saying theyre preparing for a two and a half Month Shutdown in case because of the fight thats going on between republicans and President Joe Biden over the spending the white house wants to do. Back to you. Ed, that the Washington Post report you cited off the top of your hit made mention of the fact that in the white house initial response to the credit downgrade, seemed to cast dispersions on the former administration, President Trump. Do you think the white house strategy Going Forward based on talking to your sources there is going to stay committed to that meaning going through credit down grades, further Interest Rate hikes, possibly another battle over the president s budget as we move into the fall . Yeah, and weve seen the pattern for this white house, any bad democratic news is because of the former president. Any good Economic News is because of this current president. But biden om imcompetents, fitch would have downgraded under President Trump had they had concerns. In july, fitch came to the white house, said this is what we are seeing. The white house made their pitch why they shouldnt be downgraded. Fitch went ahead and did it anyway. Based on what they see from the policies and the next three years Going Forward where the economy is, clearly the president here is trying and the administration trying to push all of the negative news back onto the former administration while the president is trying to change his poll numbers. As you know, people are seeing the economy for what it is and dinging the president for it in the polls. Sounds like deny, deny, deny effort. Thanks for joining us. Thanks, jillian. Mike . U. S. Officials on high alert over escalating vio violence, the decision the u. S. Embassy made to keep u. S. Personnel safe. Plus this. It is not appropriate, not talking mob actions, theres history in this city. I mean, to refer to children as baby al capone is not appropriate. Chicagos mayor seemingly coming to the defense of teen mobs running rampant across the city, this after a Convenience Store was looted and vandalized over the weekend. How else can the mayor address the problem if he is not willing to call it out . Brian kilmeade has a lot to say about this. He is coming up next. Nsurance. So you only pay for what you need. Thats my boy. Stay off the freeways only pay for what you need. Liberty. Liberty. Liberty. Liberty. This is american infrastructure, a prime target for cyberattacks. But the same aipowered security that protects all of google also defends these services for everyone who lives here. Because he was. Wait, wait, hold on. That neighbor is hot thats my husband. What . Its the inspire implant he got. Hes not struggling with cpap anymore. All that rest is working wonders for him. And for me. Gotta go. Naughty girl. Hi sweetie ah scream here comes the choochoo train of love inspire. Sleep apnea innovation. Learn more and view Important Safety Information at inspiresleep. Com. Wounded warrior project has been with me every step of my journey. Theyve helped me realize its possible to rise to the top again. Its possible to get the help i need for me and my family. Its possible to hate pushups again. To feel understood. To begin healing both inside and out. To feel like myself again. And now i know anything is possible. gentle music a Fox News Alert now. The Associated Press reports two navy sailors arrested on charges related to National Security and china. Jonathan hunt is in the los angeles newsroom with more. Hi, jonathan. Good afternoon, jillian. The interesting thing here is that these are two cases, we dont know if they are directly related but they both are concerned with potential spying on our National Security by the Chinese Government. In the first case, a 22yearold sailor at Naval Base San diego has been arrested, and he has been charged with conspiracy to send National Defense information to chinese officials. In the second case, another sailor arrested north of l. A. In Naval Base Ventura county. That sailor has been charged with conspiracy and receipt of a bribe from a chinese official. Now, it is of great Concern Given what we have seen recently with the spy balloon, for instance, what china might be trying to do in terms of gaining information about our National Security and military operations. Naval base san diego in particular, of course, will be known to our viewers as home to the Pacific Fleet. The Pacific Fleet being the vessels, of course, which are very much involved in the u. S. Navy patrols of the South China Sea and in the area around taiwan, which has potential of course to become such a hot spot and is already a diplomatic hot spot between the u. S. And china. So great concern about what information was going to be given or may have been given. Well learn more at a News Conference due top of the hour where we will hear from the u. S. Attorneys for central and southern districts of california and the fbi Special Agent in charge of the san diego office. But great concern over what may have been revealed to the Chinese Government about our Naval Operations in the South China Sea, jillian. All right. Well, jonathan, keep us posted on that. A Fox News Alert. Former President Donald Trumps motorcade is arriving at Newark International airport in new jersey. He entered the motorcade, boarded the car at the top of this hour and headed out of his private residence in bedminster, new jersey. He has been driving since the beginning of the hour. When he gets to newark, he will shortly thereafter fly directly to washington, d. C. Where he is going to be arraigned in federal court in the 3 00 p. M. Hour. Lets go ahead and bring in Andy Mccarthy, fox news contributor. Andy, are you with us . Jillian, im here. Andy, weve asked Jonathan Turley at the end of last block which of the cases President Trump is now facing so far this will be his third, theres a pending case in georgia, is the strongest. What do you think . I think by far it is the maralago case. We can tell that they think that, too, jillian, because if you think about it, jack smith, the Special Counsel, was investigating both those cases. He decided to proceed with that one first. I think thats going to complicate his life In Washington frankly. I think they went first with that because it is the one they feel they have the best chance of getting him found guilty on. Andy, the u. S. District court judge appointed by president obama, she ruled the House January 6 committee could have access to reams of Trump White House files. What more do we know about the judge who will ultimately handle this case . Well, what we hear, mike, is that she has been very harsh on the january 6 defendants, but i havent heard anything that indicates that she gave any illegal sentences. And as long as her sentences were legal, the fact they were a bit above the norm would not be any kind of a basis to move to remove her. As far as ruling against trump on the privilege stuff, thats a tough case for him if the current incumbent president doesnt support him, so she had a legal basis to do that. It is like the reverse of the situation in florida where you have a judge who ruled in favor of trump early in the litigation about the Special Master after the search at maralago. The government wouldnt have had any basis to move, to remove judge can none in florida because she ruled against the government early in the case. And i think the same thing applies with respect to the judge In Washington, on the record as we know it now. Andy, we understand from our justice producer bill mears that the former president will probably not be given much opportunity to speak in this Court Appearance today. He says that hell be apprised of his rights, told of charges, the judge will confirm he has legal representation, maybe set bond. Sort of the technical aspects of the case moving forward. Do you think theres any consideration on the part of the judge to giving the president any more, former president any more of an extended format or the opportunity to defend himself beyond entering a not guilty plea, if he is given that opportunity. Jillian, i would be very surprised by that. This is really a proforma proceeding. My understanding, it is not even going to take place in front of the judge, i believe she referred it to a magistrate for arraignment. He shouldnt have to say anything other than not guilty at it. I am sure his lawyers would prefer if thats what he kept it to. Just as a matter of strategy, he cant advance the ball for himself in that forum today. Theres no cameras in federal court, it is not like if he gave a statement it was going to get out that he would be able to leap over the prosecutors and speak to the country. He has a lot of opportunity to do that. But if you are his lawyer, what you are telling him now, look, youve already been indicted, we are about to get all of the discovery in the case and well see exactly what they have. It is better to speak in an informed way when you have a chance to educate yourself about what the case is about. You can only get yourself in trouble if you speak before then. Our viewers saw the former president boarding his plane at Newark International airport where he will make the short flight from newark, new jersey to washington, d. C. For the arraignment this afternoon. Andy, from a political perspective, the former president who is leading in all of the polls in the Republican Campaign at this point wants to be out on the campaign trail next year and not sitting in a federal courtroom, how do you expect the judge will handle that when it comes up ultimately . I think, mike, that you raise a very significant point in this case in particular because President Trump has this problem with all these cases. You know, you could argue some of it is of his own making, but with respect to this case In Washington, jack smith, the prosecutor, made a tactical decision to indict him in florida first and he not only indicted him in florida, he tried to push that case to trial to the point where Judge Cannon Set that case for may for trial. I frankly dont see how they can get to trial in may because of the complexities of that case, but thats what the prosecutor did. And i think President Trump has a very strong argument In Washington that he has a constitutional right to mount an effective defense and to prepare for trial and that the prosecutor is tactically trying to make that difficult for him by indicting him in another place. So its very hard i think for smith to come in having set the table that trump now is facing this very complicated trial in may in florida and now push for a speedy trial In Washington. I mean, when is this guy supposed to get prepared for trial . The 45 page indictment, andy, that was unsealed tuesday contained the four Felony Charges. I want to ask you about the fourth. Conspiracy against rights. A lot of experts and not experts weighing in about what exactly that Felony Charge is in regular folks speak, and clarify specifically whether it means charging him with preventing americans from casting votes in the 2020 election or whether it has to do with him attempting to prevent americans from having votes counted. I think this is the count, jillian, that has the most legal problems for smith. The civil rights statute he is relying on is a post civil war statute that was really designed to go after Klu Klux Klan violence against Black Americans for exercising their right to vote in the south during the reconstruction period and right after the civil war. It is mainly, when you read it, it talks about intimidating, harming, injuring people and their right to vote. It really was directed at forceable activity. In the 20th century, in the more free wheeling days of the Supreme Court around the watergate era, the Supreme Court applied that case to a Ballot Stuffing case. I dont think that was a proper application of it because the original in at any time of the statute was to prevent violent activity. The Supreme Court decided the injure part of the statute could be applied to Ballot Stuffing because you were diluting the votes of legitimate voters. So that was an injury at most to the act of voting. And i think that was a stretch. I believe what the Supreme Court today would look at the situation and say look, we are not even comfortable with the idea of applying that statute to Ballot Stuffing, but we dont have to disturb that precedent to say this is even further removed because what trump is being accused of is these activities that he did to try to get the elections reversed or remanded back to the states, so the legislatures could revisit them. The idea would be they would cancel out the popular election and substitute a vote by these legislatures to make, to give the electoral votes to trump instead of to biden. Whatever you think about that, and i think it was a cockamamie legal plan, theyre not injuring anyone in the act of voting. This is all like postop stuff that has to do with legal challenges to the election. So i think thats a very weak count. But the theory is by trying to cancel out these votes, he was injuring americans in their right to vote. Andy mccarthy, stand by for us, if you will. Well bring you back throughout the next hour as the news warrants. Thanks so much. I want to go ahead and bring in martha maccallum, anchor and Executive Editor of the story on Fox News Channel at 3 00. We are waiting for his plane to take off from the tarmac in Newark International airport, he is going to head here to washington, d. C. Federal court. How do you think everything we are seeing today, the spectacle is going to translate into president ial primary votes . You know, jillian, im looking at this image of the trump plane on the tarmac in newark, new jersey. We all remember seeing it in the early days of the 2015 campaign. Obviously big symbol of the person that a lot of americans got to know as a Real Estate Mogul and head guy on The Apprentice and all of that. Im thinking of the ride america has been on with this individual and really whether youre a trump fan or not a trump fan, this has been an historic period of time to watch, really unprecedented in so many ways. So today we are looking at this scene where the former president , 45th president of the United States is back on his plane, he is heading to washington, d. C. From his summer home in bedminster, new jersey, where he will face a third indictment, the second federal indictment, and this one is perhaps not the strongest of the cases. I think most of the legal experts that you guys have spoken with and i have spoken with in the last 18 months or so believe the documents dcase is a cleaner case, either Proven Guilty or not guilty. This one leans on a lot of legal strategy that many people are deeply questioning. Andy was just questioning some of that in terms of reaching back and using some of these statutes, but politically this has done nothing but help the former president , and that is not anyones opinion, thats just the numbers were seeing in polling. And anecdotally you hear the more they come after him from trump supporters, the more it makes them want to support. Thats a new poll as well 71 say it makes them want to stand by the president. It is a fascinating, unprecedented political environment we are living in. Former President Trump is a political figure that likes to constantly tell his supporters exactly what is on his mind, whether it is on social media or in front of a camera. Any thoughts on when we may hear from him, whether it be on camera, whether it may be more social media after todays arraignment . He has been obviously very active on truth, his social media platform, saying he thinks this is a bogus indictment from jack smith, going after jack smith personally. He has gone after mike pence, his former Vice President , who was on his program yesterday. He has come out very strongly saying he thinks there was potentially criminal activity here, obviously theres a deep divide between the president and former president , havent heard if he is making a public statement, he did last time he went to bedminster and made a pretty powerful speech that night as the sun was going down in that very beautiful part of new jersey. Not a lot of people realize how nice new jersey is. But i am from there, i get it. Well see if he decides to do that tonight. I think he likes to put his own imprint on these gillian martha, im curious what your trump world sources tell you about their plans for moving forward when they face this extraordinary circumstance where they may be having to pursue votes in the president ial primary, maybe even the president ial election, fending off three, potentially four indictments, maybe also in court facing a trial at the same time. Martha interesting reporting of the cost of the legal fees that have surrounded all of this for the former president and his campaign. But you know, as someone who looks at the numbers, you look at the numbers and say in some ways those are almost Campaign Costs for him, hes fending off these allegations, keeping himself in the news all the time, the subject of a lot of discussion about the activities that led to all of this, whether its the documents case, you have biden also having documents that were in his garage, that case is ongoing. Youve got so much legal tangle with the Hunter Biden Issues out there, and the trump issues out there, and people looking at both of them and asking where the fairness is, is the law treating both situations equally. So, so much focus in this Political Campaign so far on these issues and i think that you know, it kind of sucks all of the oxygen out of the room, it obviously makes it really difficult for these other gop candidates to get any, you know, sort of place to breathe, place to make news in this environment. You know, a very good piece in the Wall Street Journal saying its a campaign of courtrooms and rallies competing and rotating for national attention. And thats unprecedented. Thats an environmen