of access to his dad. before republicans say dig in and democrats say move on, how about releasing the transcript so the rest of the country can decide if they want to move hahn. don't look now. but we may be at that point. welcome, everybody. i'm neil cavuto. glad to have you. they call this the ides of march. except it's the ides of august. andunexpected developments are the kind of things that pop up to say we leave in interesting times and maybe news making times at that. chad, where are we on this and this potential transcript to sort of get in the mix? >> neil, good afternoon. two big questions. when do we get the transcript and who else does the committee need to interview? transcribed interviews like devin archer's prompt more witnesses and more conversations. >> there's lots of people with information that can shine light on this. house ways and means committee has requested those names. we provided those names. the government, the people of the united states demand that the government get to the bottom of this. >> some gop members are now pushing for an impeachment inquiry. republicans say there's evidence that taxpayer dollars were leveraged to fire victor shokin. >> ukraine has a proper with corruption. to have his son be on the board and to get the prosecutor fired because he's investigating basically his son's company in and of itself has the perception and perception is sometimes reality. he should have been nowhere near that. >> democrats continue to argue that archer's interview did not lay a glove on president biden. in a statement, the white house said archer told investigators that they never heard the president talk about business dealings. the gop promised bomb shell evidence but produced nothing. democrats accused the gop of wasting time. >> what is clear in the testimony yesterday is that there were many instances where hunter biden tried to get "credit" for something that his father did completely independent. the key here is that they never discussed business. >> the committee hopes to get the transcript of the archer interview this week. the other thing to watch, the release of additional bank transactions later this month. neil? >> neil: thanks for that, chad. let's go to congressman scott perry, republican from pennsylvania. he sits on the house oversight committee. first off, congressman, good to have you. were you there for that exchange that, you know, he had with your committee? >> no, i was not able to be present for it. neil, let's talk about what i think we verified independently through the irs whistle-blowers and now devin archer. the fact that first of all, the president lied not only as a candidate but then as president about his business dealings and the discussions with his son, but also the fact that they -- the connection between victor shokin's firing and this conversation with burisma 20 times now. at least 20 times where the vice president called in. why would the vice president be on speaker phone with people he doesn't know who is on the other side? his son and him should talk. we're happy when parents and children talk with one another but very if i times when somebody else needs to be in the room, especially corrupt people from other countries and business dealings and political stakes in our country. over 20 times. is that just a coincidence? this might just be more smoke, but where there's smoke, there's fire. the president has put himself in a position of being in this inferno of charges and evidence that seem to point to corruption at the highest level. it's very concerning to us. the fact that we don't have the paperwork from devin archer used by the doj in his conviction is concerning, not the least of which is concerning that the doj weighed in on saturday and sunday about devin archer finally testifying or presenting to the house oversight committee. i can tell you this, neil, he wasn't completely forthcoming. there's more information that he did not provide at this point. >> neil: so i guess we're waiting on a transcript to settle the matter so we'll see the truth and what each claims to be the truth. very different analysis on both sides as you know, congressman. is it your understanding that we will see a transcript? that it is going to come out? exactly what he said. >> it is my understanding the american people will see the full transcript. i would say this, neil. if not the end of the story, this is just the beginning of the story. while it's a transcript of this particular interview, once we have the documents including more bank statements, the documents that the doj or his attorneys hold, i think there's going to be more questions to be answered. >> neil: so congressman, let's go back to what we do know is in the works. the house republicans launching an investigation into the hunter biden botched plea deal. they're trying to rework it. you want to know exactly what transpired. it was a communication snafu at a minimum. but they're frantically trying to get this thing back on so that within another few weeks or so he can return to the judge and enter a plea deal. it's hard to put humpty dumpty back together again. whatever deal is reached, you have to recognize these other developments. >> it has to recognize the developments. the three chairman oversight, ways and means and judiciary that have asked for the information regarding this plea deal, this is a very unorthodox plea deal. while my friends say this is standard fare, it's not standard fare. hunter biden according the department of just is still under investigation. why is there a plea deal at all? understand the prosecution would have had to agree to immunity moving for hunter biden. why would they agree to immunity if he's still under investigation? so there's a rat here somewhere. the judge picked it up. i'm sure that they are frantically prying to put humpty dumpty back together gab. nobody in history has gotten a plea deal like, this we'll find out more information about the crimes committed by hunter biden and his associates and maybe potentially his father. >> neil: that transcript will go a long way to resolving that or providing an opportunity for both sides. scott perry, good talking to you. thanks for taking the time. >> great to talk with you, neil. god bless you. >> neil: flipping to the investigations around donald j. trump. the grand jury has gone home. this is the grand jury that was looking into the whole january 6th thing. again, it is something could be pending there. separately you heard a lot about a grand jury looking into the former president's potential role in the georgia recount. the fulton county d.a. in georgia has already said that they're close to being ready to go, whatever that means. let's go to griff jenkins. u.s. district court in washington. what if anything could happen today or where things stand there. griff? >> good afternoon. we're watching this d.c. courthouse. this grand jury has been probing whether trump and his allies around january 6 did things when they refused to accept the results of the 2020 presidential election. the reason why we're watching closely, the grand jury here is gone for the day. as we have been here every day last week and now this week, we've seen a new presence of the federal protection service. you can see their vehicles behind me. they came here this morning and been here all day long. that's something that we have not seen outside the courthouse here. last week fox news learned that there were preliminary security preparations underway in the event of an indictment here. if you go back to where this began and we watched closely, it was the july 16th target letter that went to trump's defense attorneys. there were three areas of possible charges in that target letter that the former president could be facing. the first is deprivation of rights under color of law, which we're told prepains perhaps to civil rights issues. the conspiracy to commit offense or defraud the u.s. and finally, witness tampering. three areas that could 50 there. on higher alert, trump's attorneys met with jack smith thursday and his attorneys and jack smith's special counsel office for over an hour. that is typically a last step that you see before possible indictments come out. so what we know at this hour, the grand jury has left for the day. we don't know yet whether or not they have decided to hand up an indictment and bring charges against the former president. that's what we're watching closely. it comes as you mentioned, after we learned that superseding indictment in florida where former president trump is now facing three different charges in the alleged mishandling documents case out of florida. that is two obstruction charges along with one additional count of willful retention of national defense documents. we learned in the last hour that the former president and his valet, walt nauta have been ordered to appear for the arraignment in the superseding original charges in fort pierce next thursday on august 10. unclear though if trump himself has to appear like we saw him last -- in june in miami. neil? >> neil: thank you for that, griff. as griff was wrapping up there, i want to pass along a bulletin that has come from the associated press. michigan prosecutors are charging some trump allies, referring to the former trump allies involving voting machines. attorney general candidate and another supporter of the former president have been criminally charged in michigan with accessing and tampering the voting machines soon after the 2020 election. these are late developments coming in. the legal fall-out on this for the former president. what is bedevilling joe biden as well, courtesy of hunter biden and revelations there from a former business partner. we're on top of both after this. i'm saving with liberty mutual, mom. they customize your car insurance so you only pay for what you need. you could save $700 dollars just by switching. ooooh, let me put a reminder on my phone. on the top of the pile! oh. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ our ears connect us to the moments that matter. give them the nutrients they need with lipo. it's formulated with ingredients clinically shown to protect your ears from dizziness, ear ringing, and even hearing loss. never miss a moment with lipo flavonoid. from pep in their step to shine in their coats, when people switch their dog's food to the farmer's dog, the effects can seem like magic. but there's no magic involved. 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(vo) verizon small business days are coming. from august 7th to the 13th. now is the time to partner with our experts. get started today with verizon business. it's your business. it's your verizon. >> neil: we're still trying to dig through the latest allegations of donald trump and his allies in the 2020 election. michigan prosecutors are charging the allies with voting machines and legal testing to make sure that they were on the up and up. i can get in the weeds here. suffice it to say, this adds to the former president's legal hassles. we're told it's an investigation that could widen out on the january 6 uprising on capitol hill. all of this, of course, on the heels of investigations right now in to president trump and his dealings with hunter biden given the fact that hunter's business partner has said a lot of things did come up, testified, spoken to the house oversight committee and what appears to be some business communications that the son wanted to share with the dad and share with others who were impressed that he was with his dad. it gets kind of involved. so sort it out legally, john yoo, the former deputy assistant attorney general and tom dupree. these gentlemen know of what they speak. first to the latest developments coming out of michigan that prosecutors are charging key trump allies involving voting machines, tampering with them or at least playing with them. it's a big no, no. this testing was illegal. how does it enter into the mix here? >> it's not clear whether this implicates president trump himself. if there were people interfering with the way that ballots were counted, the way ballots were cast, they may be guilty of a federal crime. to get it to the level where it involves president trump, you need to see some factual information linking president trump and his close circle of aides in the white house with those people in michigan. haven't seen that yet. all we have to go on is what we saw in the congressional hearings and the leaks coming out. at the same time, you have jack smith's special counsel investigation, which is also allegedly trying to go over the same events. if that's true, you'll have this difficult conflict resolved where you have the hearings in georgia, the proceedings in michigan now all looking at the special counsel and interfering all three of them with each other. >> the backdrop to this, this is all looking in to election interference. nothing provable. we know that is kind of what they're investigating in georgia with the fulton county d.a. has indicated they're ready to go. seem to indicate ready to go with something that would be like an indictment. then there's the january 6th issue. so these are beginning to pile up. where do you see it going? >> yeah, i think one interesting thing to watch, neil, if and when jack smith files his january 6th indictment, whether he's marching into territory that the georgia prosecutors also intend to cover. in other words, does he get into this phone call with raffensperger, is that the same thing that the georgia prosecutor is looking into former president -- >> neil: and raffensperger is the former -- >> former president trump has a challenge to add to the complexity, it looks like some of the criminal actions will be involving the same conduct, the same phone calls that he will be forced to defend in multiple courts throughout the united states. >> neil: what is interesting about this, knowing there's this trial coming up for donald trump in may, he's trying to have that pushed back. let's say the trial goes on. at that time them in the candle, the republican primary and caucus calendar, he could if polls hold up have enough delegates to have already secured the republican presidential nomination. what would that mean if you have someone that is on trial or it goes to the point he's found guilty of some of these crimes and is now the nominee of a major party of the presidency for the president? >> have to point out, this is unprecedented. this hasn't happened since eugene debs ran as a socialist in the turn of the last century. we haven't had one of the two major party candidates run for office, go through primaries, go through the november election while he's defending at least three or four different criminal trials at once. how is donald trump supposed to go out physically and campaign while he's supposed to show up in court? he may choose to testify in court. that's never happened before. usually courts would wait until after the election and defer the proceedings. >> martha: it would be a double anomaly flipping to joe biden. we could have a special counsel looking into some of these issues that were brought up in the hunter biden investigation. devin archer's comments about how some of that might have been with hunter biden's dad in the room when business associates and others were calling in. there's so much we don't know. there's the distinct possibility that this legal case has mushroomed into something far bigger than what the president wants to say now. then what? >> right. look, neil, your point is well-taken. this whole hunter biden situation seems to have legs. people thought it was a blip or going to go away. the testimony yesterday from devin archer or his interview yesterday, if true, if what the republicans are saying is true is absolutely explosive. president biden has denied again and again that he had no involvement in his son's business dealings. devin archer places president biden in these phone calls on the speaker phone with hunter biden's business associates. what on earth was vice president doing on those phone calls if not to at least signal that he was influencing or had some say in his son's business dealings? i don't think this is going away. the last chapter has not been written yet. >> neil: can you imagine, the two perspective nominees that are in legal soup that could be in? gentlemen, thanks very much. wild, just wild. meantime, we did have the suspect in the gilgo beach murders, rex heuermann in court today pleading not guilty to at least three of the murders for which he has been charged but didn't end there. the latest after this. there's never a dull moment for the nelsons'. fifth generation montana ranchers. there's a story in every piece of land. run with us on a john deere gator™ xuv and start telling yours. it's true, though - you won't overpay for glasses if you shop at america's best. they offer two pairs and a free, quality eye exam starting at just $79.95. the exam alone is worth at least 59 bucks. i can see from your expression that you find that shocking. and you're actually speechless. ...aaaaaaaaand, you don't have ears. two pairs and a free exam for just $79.95. book an exam today at americasbest.com. it's true, though - you won't overpay for glasses if you shop at america's best. pano ai chooses t-mobile for business for 5g solutions... ...because t-mobile helps pano ai innovate, so they can stop the spread of wildfires. now's the time to see what america's largest 5g network can do for your business. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. >> neil: the alleged gilgo beach murders rex heuermann in court today. we have the suffolk county sheriff here with us. meet the future. a chef. a designer. and, ooh, an engineer. all learning to save and spend their money with chase. the chef's cooking up firsts with her new debit card. hungry? -uhuh. the designer's eyeing sequins. uh no plaid. while mom is eyeing his spending. nice. and the engineer? she's taking control with her own account for college. three futures, all with chase. freedom for kids. control for parents. one bank for both. chase. make more of what's yours. >> neil: all right. we have rex heuermann showing up in court today to claim as we did two weeks ago when he was arrested that he had nothing to do with the murders of women over the course of decades, including three that he was charged with killing. how that all went down in riverhead, new york, that's where you'll find bryan llenas. bryan? >> neil, good afternoon. rex heuermann walked in to court this an handcuffed wearing a suit jacket, button down shirt and khaki pants. he stood next to his attorney showing no emotion and he did not say any words. the district attorney discussed how they're turning over a massive amount of evidence spanning over 13 years to the defense for their review. prosecutors say it proves heuermann murdered three women. after the hearing, heuermann's attorney said his client maintains his innocence. >> i'm not trying this case in the press. this case is a case that we're going to try -- the press has convicted my client without seeing a shred of ed. i doubt any of you have contemplated the possibility that they have the wrong guy. >> ray tierney said the evidence includes photos, surveillance and dna gathered from the family home that they still have to sift through. >> eight gigabytes of material, which is a tremendous amount. the charges in the indictment are allegations, this is the first step in the process of proving those allegations. >> this as we're hearing from the accused serial killers estranged wife. she told the "new york post" that her two young children are crying them to sleep at night distraught. now photos obtained by the post show the inside of the heuermann home. the bathtub ripped up and the couch is shredded and they're belongings all over. the wife's attorney said that she and the children have nothing to do with the crimes. when asked whether or not she believes his guilty, her attorney said that she's not made a judgment yet. interesting that they have spoken over the phone. heuermann has not received any visits yet in jail aside from his attorney. neil? >> neil: very interesting. bryan llenas on that. thank you. with us now, dr. erroll toulan. it's interesting that they have not talked. do you know of any of those conversations? >> first of all, thanks for having me on. no, we do not. any phone call he's making is on his own volition. we don't know who he is calling when he is making them. >> neil: aren't those phone calls recorded? >> so all phone calls in our facilities are recorded unless there's anything unusual or we get any type of end case there's some criminalality in our jails or some hints that there may be something occurring outside our facilities is when we may be monitoring or actually monitoring the phone calls. >> neil: thank you for that. stepping back, you know, you up ended the house, went through every square inside, outside, dug up the yard. didn't find any other evidence or trophies to indicate any of the stuff that you would think a serial killer might save or want to save. i know there's a lot you can't share, sheriff. i understand. is that essentially true there's no reason to go back to the home or the vicinity and the yard around the home? >> you know, after our investigators and the suffolk county police commissioner made that determination, yes, as of now, there's no reason to return back to the home. >> neil: it makes sense that his lawyer, heuermann's lawyer would scold journalists listening to him, reacting to him, questioning him, that you have not considered the possibility yet, but the average folks in general that he might not be the one. he might not have done this. is there anything in your investigation would have you thinking it's possible that we have the wrong guy? >> no. as of right now, with the evidence that our district attorney has presented to the court when mr. heuermann was at arraignment, i strongly feel, the task force feels and those involved in this case strongly feel we have the right individual. >> neil: so that always begs the question -- you and i got into it last time a little over a week ago, sheriff, the possibility that there are more bodies and that he might have done this in more places. atlantic city comes to mind. he had a condo rental in las vegas. there's other unsolved murders in an around the area. is it safe to say your men and women could be working on a ted bundy-type examination that shows more victims than originally thought? >> yes, you're exactly right, this is a multi-jurisdictional effort right now working with agencies in south carolina, atlantic city, las vegas and even some across the eastern seaboard where mr. heuermann may have been that we are looking at every possible indication to see if there's any connection or if there's just someone else that we need to look at with some of the crimes that we may find. >> neil: is there anything in mr. heuermann's behavior that you and your men and women possibles the to the possibilities of other victims? that he's behavior in the past indicates that's a distinct possibility? >> you know, i think there is a possibility, but you know, his behavior since he's been incarcerated, very docile and very quiet. he does not engage much with anyone else. most of the activities that he participates in is by himself because we have to keep him away from the general population. >> neil: does he follow the news on this case? >> you know, occasionally he's watching tv. he doesn't seem interested. but there's times when he watches the tv. it depends if that segment when he's watching tv is about his case or not. >> neil: very interesting. sheriff, you have a lot of work. you've been very detail oriented. it's going to be a long way. thank you very much. >> thank you for having me on again. >> neil: meantime here, some fireworks in washington over what is happening at the border and who is responsible for things that are bubbling up again at the-boer. aishah hasnie has more. >> we're watching public pressure being put on a handful of republicans who are still iffy about impeaching secretary alejandro mayorkas. meantime, we're also watching those big city democrats who are angry at this administration too over their handling of the migrant crisis. i'll tell you more about that after the break. ♪ but i manage it well. ♪ ♪ it's a little pill with a big story to tell. ♪ ♪ i take once-daily jardiance, ♪ ♪ at each day's staaart. ♪ ♪ as time went on it was easy to seee ♪ ♪ i'm lowering my a1c. ♪ jardiance works 24/7 in your body to flush out some sugar! and for adults with type 2 diabetes and known heart disease, jardiance can lower the risk of cardiovascular death, too. jardiance may cause serious side effects including ketoacidosis that may be fatal, dehydration, that can lead to sudden worsening of kidney function, and genital yeast or urinary tract infections. a rare, life-threatening bacterial infection in the skin of the perineum could occur. stop taking jardiance and call your doctor right away if you have symptoms of this infection, ketoacidosis, or an allergic reaction, and don't take it if you're on dialysis. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. ♪ jardiance is really swell, ♪ ♪ the little pill with a big story to tell. ♪ >> neil: all right. mayorkas, the homeland security secretary, should he stay or go? to hear many republicans say, he's got to go and they can force the issue with impeachment. bottom line, they have a different view of this but not across the board. just a lot of fireworks going across each side. aishah hasnie on capitol hill with more. aishah? >> hi, neil. i know a lot of people at home have been watching this for quite some time wondering when is this going to happen. the articles have already been drafted. we're seeing these hearings happen on a weekly basis. the appetite is most certainly there. but the numbers are not there. republicans don't have the votes yet. that is because a handful of small group of republicans apparently don't feel that the legal bar has been quite met yet to impeach secretary mayorkas. now some conservatives are calling them out. congressman chip roy put them on notice warning them not to hide behind the constitution or he will grind congress to a halt over the matter. others are saying the holdouts from districts that biden won in 2020 are just afraid that they're going to lose their seats. >> we have to do the right thing. if that's to impeach mayorkas for the american people, that's what we should do. we shouldn't do things out of consideration for members in difficult districts. >> the biden administration is facing the fury of big city democrats. in new york city, lawmakers are angry at the white house that they offered a liaison after they begged for help dealing with tin flux of migrants. one democrat calling ate kick in the head. the city is in chaos after mayor eric adams announced that migrants are sleeping outside because the shelters have run out of space. adams blasting the biden administration for not doing more for the city. also chicago residents are very upset at the administration as well telling fox business that the white house should do more than pay lip service. also, pay chose attention next week to the southern border. in a very rare move, we'll see the oversight committee, the homeland security committee and judicialry committee come together, convene to hold a field hearing down there in arizona at the border. possibly putting more pressure towards an impeachment. neil? >> neil: busy day for you. over to robert ray. he's in new orleans. we go to the real heat down south. that's not letting up, is it, robert? >> no, it's not. good afternoon, neil, from the french quarter of nola, the big easy. i'm being safe and smart by standing on one of the famous balconies away from the sun. it's scorching here. take a look at the video of the big easy during earlier today on the streets. yeah, there's tourists here. but they're moving really slow. triple digit temperatures and the humidity and the heat indices, anywhere between 105 and 120. depends where you're at on the city on the mighty mississippi. here's the thing. people might say, why are you talking about this? it's summertime. it's supposed to be hot. here's why. june and july set reports for consistent heat. there's been heat, excessive warnings so many times including right now in to tomorrow. heat kills the most people of any weather disaster every single year. frankly new orleans runs on tourism. that's the bays is of their commit. when it's 100 degrees and you can barely walk outside without dripping, the people may not come. i talked to some people that work here. let's listen. >> it's been going on since june. it's our business. when you were busy, you make the money when you can and squirrel it away. right now we're working about two hours max. if it gets 105, heat index, we cease to operate. >> as a musician, we're out here most of the time. i have to make sure that i'm hydrated. last year i didn't drink as much. i didn't have any problems. this time i noticed. if i don't drink, i get tired after. i got to find refuge in the air condition. >> that's what people are trying to do, tourists. maybe the water people need to drink and not the rum hurricanes, which is the specialty here. speaking of hurricanes and tropical storms, neil, the gulf of mexico is just way too warm. because of these temperatures sitting at 90 degrees fahrenheit. the surface temperature because of all of this off the coast of louisiana, the big concern beyond the excessive heat warnings, if we get a system that comes in counterclockwise, hits those warm waters and rapidly intensifies like we saw last year with hurricane ian and other storms in the pagourtzises couple years, it is not good at all. it does not bode well. folks are trying to stay out of the sun. these temperatures, triple digits, will last the rest of the week. it's not just hear. texas scorching right now as well. neil? >> neil: you be careful yourself, robert ray in the middle of that. fox weather correspondent. he's like a soldier. always out there. meantime, updating you on polls that are as tight as they can be. president of the united states as the guy that wants to return as president of the united states dead even. my a1c was up here; now, it's down with rybelsus®. his a1c? it's down with rybelsus®. my doctor told me rybelsus® lowered a1c better than a leading branded pill and that people taking rybelsus® lost more weight. i got to my a1c goal and lost some weight too. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. need to get your a1c down? 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why wait so long? they wanted it in the middle of my campaign. prosecutorial misconduct. that coming from the former president. he's in new jersey, no longer in florida. that's where he is during the winter. we have lines out to the special counsel's office. we're checking to see if any indictments have been filed at this hour. nothing yet filed. but according to the former president, it's close, that means likely his team has been informed. you remember, it was about two weeks ago former president trump came out to announce that he received a target letter that he was a target of this specific investigation. we knew an indictment would likely be close. as of now, we're waiting to see what has been posted in court on the docket. neil? >> neil: just to be clear, this concerns his alleged role and the developments around january 6. we don't know for sure. >> january 6 and attempts to overturn the election. some of the meetings that took place and what was said between election day and inauguration day. jack smith has brought in dozens of witheses, high profile witnesses, former vice president mike pence being one of them. the question will other people, other high profile names potentially be indicted alongside the former president as well as we wait and watch, this is a completely separate case from the documents case. it happens to be the same jack smith overseeing them. >> neil: separate from the georgia case and the georgia recount. we're told in that case, the two prosecutors involved don't discuss their cases with each other, right? >> the georgia case is a state case. brought by the district attorney in in full -- in fulton county. there's been an ongoing probe there for over a year there. there's expected to be some activity soon as the district attorney herself indicated that there would be some movement in the next few weeks. she said that when she knows jack smith, she wouldn't know him if he stood next to her. so if he's indicted today or tomorrow in this case and he's indicted in georgia that would be four indictments facing the former president as he campaigns for his old job. >> neil: just to be clear, the fulton county prosecutor said that she was ready to go. that seemed indicate that she was ready to proceed with her case amount separate issue. >> there's been upped security in atlanta. the sheriff i believe in fulton county health a press conference. they're ready for any type of movement down there. yes, that is a separate case. there's two jack smith cases, the documents case, attempts to overturn the election case. and finnii well list the a state case and the alvin bragg case dealing with a alleged hush money payments to stormy daniels. >> neil: and i thought sorting out the markets was tough. thanks for helping us get a pecking order of that. david spunt. andy mccarthy to weigh-in on this. andy, if the former president is right, we could be about 5 or 6 minutes away from yet another big indictment. what do you make of it? >> well, this one i think is a diceyer one legally, neil. in terms of the politics of it, which i think is what is going to -- certainly in the front of former president trump's mind, i think will be in the front of everybody's mind. the objective here frankly is to get this case indicted and try to push it to trial next year because democrats and the biden justice department and what is the outfit that appointed jack smith, they like the idea of playing out the whole post election scenario, not just january 6th as david said, but all of the activity from the time of election day through inauguration day. they like the idea of presenting that to the voters as we get to another election. the politics of that works well for them. >> neil: how do they coordinate all of this? not that they have to share outlook calendars. if you're looking at proposed trial dates and all the rest, you have this one next may that the. and his people want to push often. they are really crowding things out. do they check with one another once indictments are announced about how to proceed, when to proceed? >> well, the last thing that a prosecutor gets to do that the prosecutor has complete control over, neil, is file charges. after that the case is in court and the judges is a more important actor than the prosecutor is. i do think you raise an excellent point in that president trump now, i think, has a very strong argument that his due process rights are being really constricted by virtue of the fact that all of these prosecutors are descending on him in a short period of time. now, they can all say they're independent actors, but smith doesn't have that luxury. he's filed another indictment. so i think he's very vulnerable, smith is, to the argument that, you know, you're now going to try to rush president trump to trial on the january 6th case, what is called the january 6th case. the election interference case under circumstances where you've made it virtually impossible for him to have adequate time to prepare for trial pause you decided to intonight him on the mar-a-largo case and try to push that to trial in may. that is a tough argument for smith and it will be one that i think will get traction with the court. >> neil: the president says on truth social, why didn't they do this 2 1/2 years ago? why did they wait so long? because they wanted it in the middle of my campaign. he's scoring a point there. if this was out there, the timing of this unfolding cop currently is odd. >> i think -- i would broaden that point, neil. the inevitable contrast here is that -- i think he's charges in connection with the post election stuff will be illegal reach, this is a proxy for impeachment. the criminal law is not a good fit for that we'll see what the indictment says. at the same time this is going on, you have a biden justice department that won't indict hunter biden for crimes that they have known habit five years ago that are just bread and butter straightforward crimes. so people look at this and they see here's trump now looking at his fourth indictment or third indictment going on four and here's this other case out there for five years that they clearly don't want to bring because they can't bring it without implicating president biden and hunter biden's activities. i think you can understand why people look at that and think this system is just not fair. >> neil: well, explain what every one of the new developments, his poll numbers go up. right now he's lapping any of his closest opponents for the republican nomination. we could conceivably have, if this trial that is slated for next may goes into effect, that, you know, we could have him in the middle of that if not found guilty of some of these measures as he's just collecting enough delegates to be the republican nominee. talk about weird. >> yeah. well, we already before this even happens, we know we have a trial, the civil trial in new york in october on the -- what they say is the business fraud. the pretrail hearings in bragg's case are supposed to be december. that case is supposed to go to trial in march. and mar-a-largo, i don't know if this will hold, it may. now we have to start scheduling this case. it does get crowded with somebody that is, by the way, trying to run for president. >> neil: it is wild. thanks very much. for those of you that just joined us and ahead of "the five," donald trump on his truth social site saying that he expects an indictment at the top of the hour. this was about 15 minutes ago. so he was referring to what would have been the top of the next hour where he will be called on stuff that he said people now about 2 1/2 years ago. so why couldn't they have made those charges and made what is expected to be a new series of indictments then? we just don't know for sure. we do know, we're seconds away from finding out that will do it here. "the five" is right now. ♪ ♪ >> hello, everyone. i'm dana carino. jesse watters, and greg gutfeld. his 5:00 and new york city. and this is "the five." fox news alert. donald trump says he expects to be indicted again by special counsel jack smith. just moments ago, the former president writing on true social lives. i hear that deranged jack smith in order to interfere with the presidential electio

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