months following election day, trump spread lies that there had been outcome determine testify fraud in the election he actually won. the defendant repeatedly and widely dissimilar neated them anyway to make his knowingly false claims appear legitimate, create an atmosphere of trust and anger, rogue public faith in the administration of the election. brooks is here. >> that's right, president trump is due in federal court tomorrow to be arraigned in connection to the investigation of january 6th and election interference. now these charges include conspiracy to defraud the u.s., conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy against rights, smith. >> the at that accusation on our nation's capitol on january 6th, 2021, was an unprecedented assault on the seat of american democracy. described in the indictment, it was fueled by lies. >> this is the third criminal indictment against former president trump, he faces 40 federal felonies in the classified documents case in florida brought by the special council, and 34 counts of falsifying business records in new york. this federal indictment out of washington d.c., here merit garland depending the latest charges. >> mr. smith and his team of experienced, principled career agents and prosecutors have followed the facts and the law wherever they lead. any questions about this matter will have to be answered by the filings made in the courtroom. >> the former president calling out the timing of the latest indictment writing, "why didn't they bring this ridiculous case 2.5 years ago, they wanted it in the middle of my campaign, that's why." here is president trump's attorney. >> the department of justice could have rubber stamped this a year ago if they wanted to. but it was done at a time when we are in the middle a political campaign to getting his message out, the reality is instead of vying for votes and engaging in the kind of discussion that we need in this country, the biden justice department wants president trump to be in a courtroom and not campaigning. >> yesterday's indictment includes six unnamed coconspirators who remain under investigation in the role of former president trump's attempts in over throwing the 2020 election. >> carley: on to analysis now, here is jonathan turley's reaction to this indictment. >> this is free-speech killing indictment. there is no way around it. i mean what they are attempting to do is criminalize what they consider to be disinformation. and i have to tell you, this indictment is a really sad moment for me. i had hoped that if smith was going to indict on january 6th, that he would find unsalable evidence and unquestionable league authority he doesn't neither in this indictment. what he does have is criminalization of speech. >> todd: nathan, building off of what jonathan turley said right there, how is this indictment anything other than a blatant and partisan attack on the first amendment? >> so, actually it's both. it's an attack on the first amendment, in fact the indictment acknowledges that president trump has the ability to say whatever he wants about an election. even if it's not accurate or not true. but the indictment goes further, what it basically says is that president trump took actions based on those beliefs and it's the actions, the actions of obstruction, impeding, election, certification and the counting of votes that the indictment focuses on. it blends an attack on the first amendment which one could see this as, it goes beyond that and focuses on the actions as the actual criminal offense. >> carley: the judge assigned to the case is tanya chutkin, an obama appointees, associated press, the trump's january 6th h punisher of capitol rioters. she has tough tougher sentences requested by the justice department on defendants citing the necessity of consequences for taking part of an insurrection, previous dealings with the former president denying over the janua january 6th committee writing presidents are not kings and plaintiffs are not presidents. so, what do you make of the judge that is assigned to this case and what this could mean for the former president. >> this would not be the judge that president trump would have chosen, absolutely. this judge whether she has predisposed notions of how this case should play out or not will be tested by president trump's lawyers, i am sure vigorously. looking for any types of conflicts of interest this judge has, disqualify her. this judge will be getting a barrage of pretrial motions to decide that will be key to see how this trial plays out including the date of this trial. this judge could decide this trial requires a huge amount of preparation, discovery could hundred the of thousands or millions of pages depending on how much of the evidence the january 6th commission turned over that donald trump's lawyers will say it will take us hundreds of years to digest before a trial. decision on when this trial occurs is one of the most important decisions. >> todd: anytime you are in the millions of pages in documents you are looking at well over a year in any litigation possible. but putting aside. >> the damage that joe biden has done to our -- >> carley: car. >> we have a rogue. >> todd: if i could continue with my point, put aside what carly was talking about about potential biases of the judge, and putting aside if this case is held in dc, if the trial is held in dc, he is in all likelihood getting a difficult jury. putting that aside, jack smith has to prove beyond a reasonable doubt that trump knew what he was saying about the 2020 election was false, do you see anyway based upon the facts of this case that jack smith can do that? >> well, what jack smith will do is he will introduce what he suggested in the indictment, whether his former administration officials who told trump that the election was not stolen from him, whether it was a statehouse representatives, whether it was his own intimate white house officials working with the trump at the time, whether it was mike pence who said he would not go ahead and believe he had the power to decertify the results. they'll use all those witnesses, and even the court rulings, the sort of over 60 court rulings that found there was no evidence of systemic fraud, against trump that would show he knew what was going on. they would restewart to a deliberate ignorance approach where a deliberate ignorance or will null blindness, if you don't have 100% certainty what is going on, if you deliberately avoid what all -- let's say there is 50 people telling you the election is not stolen, but six people who are. if you avoid listening to the 50 and focus on the six, that is a willful blindness to the truth. >> carley: trump is going to be arraigned 4:00 p.m. tomorrow, he will appear virtually or in person. so, we will be watching for that. nathan, thank you so much for joining us, breaking it down, we appreciate it. >> thank you very much. >> carley: think again, this group of mask criminals makes off with almost a million dollars worth of jewelry in the middle of the day, hear what the store's heartbreaking owner is saying. >> todd: another bright idea, ban on a certain light bulb is officially in effect, we'll tell you everything you need to know about the latest crackdown on your home. i was stuck. unresolved depression symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift. adding vraylar to an antidepressant... ...is clinically proven to help relieve overall depression symptoms... ...better than an antidepressant alone. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as these may be life-threatening, or uncontrolled muscle movements, which may be permanent. high blood sugar, which can lead to coma or death, weight gain, and high cholesterol may occur. movement dysfunction and restlessness are common side effects. stomach and sleep issues, dizziness, increased appetite, and fatigue are also common. side effects may not appear for several weeks. i didn't have to change my treatment. i just gave it a lift. ask about vraylar and learn how abbvie could help you save. hi, i'm sharon, and i lost 52 pounds on golo. i realized i needed to make a change when i looked in the mirror and did not recognize myself. i saw the golo commercial and i liked how they weren't actors. they just seemed like people that were just happy with themselves and had true results. since being on golo, i truly feel like i'm back to the best me i can be. try golo. it worked for me, and i'm real. 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(soft music) ♪ hello, colonial penn? >> carley: an oregon sheriff deputy is slowly recovering after being shot seven times while serving an election order. the community raising nearly $75,000 on a gofundme page in less than a week and rallying around the family with heartfelt messages like this. >> i know him. he is an incredible person. he is a complete professional. is he compassionate. he is also resilient and tenacious. >> carley: deputy charles' daughter and she joins me now. first of all, tell us the extent of your father's injuries and how he is doing today. >> yeah, it's a remarkable recovery thus far. he lost his left eye. there is nerve damage in his left hand so those are going to be the hardest things to overcome through therapy. he got shot seven times, twice in his chest, twice in his head and in both elbows. and once in the rib. >> carley: oh, my gosh. >> it's hard to see my father in this condition. >> carley: people don't survive injuries like that. and your father is and like we said he's awake and talking. you said his recovery, the fact that he is able to recover is remarkable, sounds like have you a miracle on your hands. >> yeah, if anyone deserves a second chance like this it's my father. >> carley: what was your reaction when you found out he was awake? >> i was just so happy he was going -- i was going to be able to hold his hand and hug him again. i could not imagine having my dad to call and get his guidance through life. it was so sudden and getting that phone call i will never forget. >> carley: tell us what happened. your dad was shot when he was delivering an eviction notice to a resident in an apartment complex? >> uh-huh. yeah, they didn't have any warning it seemed like a clear, safe procedure. and there was no danger. and he just did his job. and unfortunately this person was unstable and was scared and shot immediately after he opened the door. >> carley: what happened to him, christopher james graves? >> we believe he got shot by one of the deputies that helped protect my dad. and we know, it's unclear if he shot himself afterwards. the investigation is still going on. >> carley: your dad does have a dangerous job. in the past few years, washington deputies have been injured, two was shot, another injured by a drunk driver. but there is nothing that can prepare you forgetting news in the way that you recently did, what was that moment like? >> it was heartwrenching. my stomach dropped. my brother didn't know where he got shot and the panic that i felt was like i will never feel anything again. they did give me one thing to hold on to, he was alert and conscious when he went into life flight. so, that was something i could be positive about at the time. all i knew is i had to get on a plane immediately and get to oregon. >> carley: you did, i see a picture of him surrounded by your mom and two other sisters. what were his first words before we let you go. >> he said, he told me and my mom that he loves us and so happy to be there. it was miraculous to hear him talk that night at 2:00 in the morning. i was so happy in that moment. i got to hold his hand and he saw us. and he acknowledged us. i was feeling complete joy in that moment. >> carley: well your dad is a hero, doing a job many others will not. there is a gofundme page to support his recovery, deputy charles duck doze, let him know that we are all thinking about him and praying for him as well. kaeyla you have a beautiful family, thank you for joining us this morning. >> todd: meantime the jason rancho seattle's mayor demanded to see fewer white men and individuals with a military background in police recruitment material. instead the mayor wanted to see more people of color and different genders. memo is edited following complaints from the city's police department. this move follows the mayor's promise to diversify seattle pd as part of the plan announced last year. >> todd: jd pritzker going after ron desantis, allowing noncitizens to join the police force, this man isn't smart enough to be president, allowing legal permanent residents and recipients in illinois to serve in communities as police officers after desantis spoke out against the law saying to the left citizenship is meaningless. in florida we took action to we value our citizen officers who serve and protect our communities. several other republicans and prominent police groups also backing desantis claiming no illegal alien should have authority over an american citizen to vd pritzker's point, undergraduated undergrad from yale university law school, from harvard university, you can say what you want about his politics but a statement that he is not smart is dumb. >> todd: turning back to breaking news, the latest indictment against former president trump has legal experts and 2024 republican opponents ripping into the doj. >> a general rule of thumb is if you are going to try to data political opponent and former president in the middle of an election it better well not be based on unprecedented, unprecedented legal theory. >> carley: the former fbi director asking him if he has ever seen a case like this is don't miss it. however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used part of his refund to give his practice a facelift. emily used part of her refund to buy... i run a wax museum. let innovation refunds help you get started on your erc tax refund. stop waiting. go to innovationrefunds.com you really got the brows. if you think you have dupuytren's contracture, there's a simple test you can take—from anywhere. try to lay your hand flat against a surface. if you can't, you may have dupuytren's contracture. talk to a hand specialist about your options, including nonsurgical treatments. we all need fiber for our digestive health, but less than 10% of us get enough each day. good thing metamucil gummies are an easy way to get prebiotic, plant-based fiber. with the same amount of fiber as 2 cups of broccoli. metamucil gummies the easy way to get your daily fiber. >> todd: a fox news alert, 2024 presidential candidates are reacting to former president trump's new four count indictment with some condemning the biden do. >> carley: that is called mixed reaction. >> what this indictment guarantees former president trump will remain the central figure in the republican nominating process with about every republican who is challenging him responding to the charges, governor florida ron desantis, as president i will end the weaponization of government, replace the fbi director and ensure a single standard of justice for all americans. vivek defended the former president. >> it would be easier for me if donald trump were eliminated from per competition. because that is bad for this country. that is why i think it's important for us competing against trump to take a strong stand against these politicized indictments. >> south carolina senator tim scott writes what we see today are two different tracks of justice, one for political opponents and another for the son of the current president, a reference to hunter biden, we are watching biden's doj continue to hunt republicans while protecting democrats. the former president mike pence who is a central figure, said anyone who puts himself over the constitution should never be president of the united states. we have former new jersey governor chris christie adding in, he, trump, swore an oath to the constitution, violated his oath and brought shame to his presidency. will herd said trump's presidential bid is an attempt to stay out of prison and scam his supporters into footing his legal bills as the associated press reports that trump's political committees spent $40 million in legal fees this year. that number is going to go up considerably. >> carley: yeah, yeah. we're seeing all these different new lawyers crop up on tv now because he has different teams of people handling different cases and that gets expensive. doug, thanks for that reporting. let's bring in chris swekker. conspiracy to fraud the united states, obstruct proceedings, obstruction of official proceedings and conspiracy against rights. to most americans that sounds likelily human bow jumbo, what exactly do those four charges mean? >> first of all, let me say this, this is an extraordinary indictment, when i read it, i thought i was reading a "new york times" op ed or a political manifesto. there is nothing in there that goes beyond opinion, talking, expressing things, i am not defending president trump because i think he did a lot of things that were ill advised and unwise, probably against his lawyer's advice. but this is -- these charges are conspiracy charges that means there are other people involved i think there are six or seven lawyers named as unnamed or not named but unnamed coconspirators. and it is alleging basically that trump provided some sort of disinformation campaign, that he knew that the election was not ststolen, not enough fraud to he stolen the election, tried to get the election overturned in a lot of different ways. charges are extraordinary, i don't think i've ever seen an indictment like this in my 40 plus years in this business. it will be interesting to see, i know he -- he does not have a favorable judge, he has an unfavorable judge. we will see. if it really were an objective constitution adhering judge, you would see this case thrown out early in the process. >> todd: thrown out for any other reason, considering donald j trump says the 2020 election was stolen, sense of his frame of mind, turn on your tv and there you have it. i want to follow-up on something you said, you have been in this business with the fbi or private principled career agents to, in your da career in law enforcement, how often have you seen the charges that jack smith brought here and that carly so he will went reread two seconds ago. >> i have seen conspiracy to defraud, obstruction of justice. not in this context. people should read this indictment, it's a 45-page indictment and it is so full of political opinion, it really looks like democratic talking points. i really have never seen an indictment like this. i was reading it and looking ford substantive factual information that amounted to an actual crime. and i think one of the telling parts of this is you're charging conspiracy. you are really talking about conspiracy is an agreement to commit a illegal act, it's not the actual commission of the acts, it's the agreement that gets punished. what they are going after here in an instance is talking about doing this or that, but not actually committing the act. i think that it's problematic from a lot of different standpoints. i say good luck with a jury of 12 getting a unanimous verdict on this one. >> carley: kevin mccarthy posted, hunter received money from china contradicting president trump's claims, business associates over 20 times. biden's doj tried to secretly give hunter broad immunity and unprecedented, just yesterday a new poll biden's leading political opponent, everyone in america could see what was going to come next. doj's attempt to distract from the news and attack the front runner from the republican nomination president trump. that is a lot that goes into announcing, do you think there is a cause and effect here where there is a lot of bad news that affected the biden family so let's roll out this new indictment to distract from it? >> it's hard not to conclude that when you see, you know, there are three occasions where things with opt hadder biden have flared up in this case devon archer testimony. on each occasion, the next day a new indictment is unveiled or superseding indictment is unveiled. it's hard not to come to the conclusion that jack smith is nothing but a political operative here. you know, i don't say that lightly. you know, i like to think that the justice -- the criminal justice system works the way it's intended to, when you put an idalogue, president trump did unwise things, this is not how the criminal justice system was supposed to work. why didn't they use all the techniques on hunter biden and joe biden, i could go through the whole case and make a case for bribery, for extortion, wire fraud, it's all there. >> todd: 31 months, 48 hours after devon archer talks to congress, boom. trump gets this indictment. chris swecker, we appreciate tour time. >> carley: president biden is at the beach, downgraded for the second time in history. >> todd: that is something. what that means for the economy and of course your bank account. family vacay? come on. comfort has free hot breakfast for the whole fam. they have waffles! and splendid pools. cannonball! book direct at choicehotels.com. >> carley: to a fox business alert, top credit rating agency, down grading, warning our economy is sinking. the company saying, "there has been a steady deterioration, fiscal and debt matters, this does not sound good. >> todd: fox business, cheryl, what is going on? >> the down grade is our debt, double a plus from aaa. basically they expect the economy to deteriorate, the fed rate hikes we've been seeing and covering, predicting a mild recession, there is an erosion of governance. but look, they are basically citing the political standoffs. you know, we've seen over the debt debates in washington. janet yellen, yellow, yellen, announced today is arbitrary based on outdated data, jean-pierre says it is down grading in the moment when the president delivered. >> carley: black rock is under investigation. >> this is the house china committee, a bipartisan committee. basically they are saying, and this is in alert to black rock ceo larry fink on monday, they say is unconscionable for you or any business to fuel the military advancement, and facilitate human rights abuses. they are basically saying, this is mike gallagher, who was the chairman of that committee, from wisconsin, he says american money is going to fund u.s. companies who are then developing and building weapons for the peoples libration army. it's very serious. and again, this is bipartisan. black rock sent us a statement saying, with all investments in china and markets around the world, black rock applies with all applicable u.s. government loans and continue to engage with the select committee on the issues raised. >> carley: u.s. dollars can't be going to chinese companies. >> todd: taking a major step forward. >> this was supposed to happen under the obama administration. and then it was supposed to start in 2012, yes, we no longer can use incandescent light bulbs some home appliances some lamps can keep them. new standard changes, this is one of them. this is all the different things that we are going to have to change. water heaters, dishwashers, now they are going after incandescent bulbs, this has been going on since 2012, i have to be honest here, energy efficiency it saves the count i amer money, companies are going down this road, i think this rule's a little bit late to the party. >> carley: i think incandescent bulbs are less expensive. >> but it's -- >> carley: because they came with my apartment and the guy at the hardware store, are you stuck in 2010? why am i getting yelled at. >> todd: you had a blackberry up until last year. >> had you a blackberry? >> carley: until the company went out of business, i was their last remaining customer. >> you should keep that. >> carley: i have it still. i will defend it to the end. cheryl, thank you so much. the latest indictment against donald trump. >> if he is saying there was fraud, the first one that doesn't allow the president of the united states. >> he had told me it would take 2.5 years before we as a country said that's not good. >> carley: now joe concah is here is to come. >> todd: brian kilmeade has a look at what is coming up. >> brian: thanks, great show, they have 90 franchise in the u.s. and canada, make it 91 today. breakfast on the plaza, you are invited to watch, we don't have enough food for the entire country. meanwhile in terms of content in the show, along with telling you what melting pot is being so successful, we'll talk about the indictment, jack smith all over this, election probe, was that guy nervous or what? does he have any experience? can the charges stand up in court and who is to say, the former president would get a fair jury trial in dc, does anyone think he actually would, why his poll numbers keep going up with every indictment. >> border crisis hitting the streets of new york city, all hotels are packed with illegal immigrants, iconic roosevelt hotel, when will it all end this they say illegals are coming to a city near you. we are having breakfast with friends on fox scare all morning. take a look at the melting pot crowd that is here, they are not here just to eat for free, magic of the number one morning show, all star guests mike waller, the superstar congressman from new york, bret bare, even when he golfs, jordan pederson, except for charles payne will be on. cam posted photos duffy, remember, get up, get dressed, stay within yourself and i will see you soon. we know you care. [music plays] but if this is all too real for you and your loved ones. . make the call. because we care too. ♪ home instead. to us, it's personal. investigat♪ a fox news alert. former president trump is facing four new charges in the special counsel investigation into his efforts to overturn the 2020 election. he's now under investigation in four criminal cases. three of them have so far brought a total of 78 charges. that's centuries of prison time combined if he's convicted. >> todd: with that, cue the media. >> you are saying it's persecution and reminiscent of nazi germany 1930 in the former soviet union. giving you a window into the argument that they are going to be making tieing this all back to the campaign. >> comparing this to nazi germany is beyond the pale in terms of offensiveness of ignorance. >> let me stop you there. because if he is saying that was fraud. doesn't allow the president of the united states to go and claim there was fraud when he was told there was not fraud. >> this indictment makes it not just about concepts and political science and different forms of government. it's about whether or not you want things in country to be decided by people fighting it out in the street. >> i feel kind of sick. look, if you told me it would take two and a half years before we as a country said that's not good? >> joe concha is a fox news contributor and columnist for the messenger and he joins us now. joe, this indictment was 45 pages. listening to those comments from the mainstream media, sounds like just a continuation of the indictment. that sounded like pages 46, 47, and 48. >> i just love how cnn and msnbc feel like they need brady bunch panels in terms of seven, six people on set all agreeing with each other saying the same thing and not one person can just give another argument in this regard. every american here, todd, carley, should be disturbed by what we're witnessing with the indictments of the leading candidate for the republican nomination in the former president in donald trump. you hear from objective legal experts, like jonathan turley or andrew mccarthy who are saying these latest rounds of indictments around january 6th are limp. they appear to be politically driven, and, ultimately, may not stand up in court. the whole goal, it appears is to keep donald trump in court and in the headlines in this regard through the 2024 election. and by doing so, this takes the scrutiny, it takes the heat off the current president and joe biden in terms of his handling of the economy or crime or the border, education, foreign policy, that goes off the headlines. and, therefore, it becomes a referendum on the man you are seeing on the screen, donald trump. and not the current president and his performance and his own scandals in joe biden. this is all by design, guys from my perspective. >> carley: speaking of reaction. the former president also reacting on truth social. he posted a truth social post, not a tweet, saying why didn't they bring this ridiculous case two and a half years ago. they wanted it right in the middle of my campaign, that's why. his lawyers also saying that he is going to show up to the arraignment tomorrow either in person or virtually. it might work to his benefit to show up in person because then all the cameras, all the spotlight will be on him once again the way it was when he was arraigned in florida. >> imagine if you are ron desantis or tim scott, nikki haley, mike pence, you can't get on television for more than five seconds before donald trump becomes the story. you are right, if he shows up in person, that's what's going to happen here it. seems like, isn't it this amazing. the more indictments leveled against donald trump, the more his poll numbers go up. it's just incredible of. >> todd: joe you are a media guy. first amendment. i want to go to something kaitlan collins said in that soundbite because it's incorrect. she said the first amendment doesn't allow the president of the united states to go and claim there was not fraud when there was not fraud. she is completely wrong about that. if he believed there was fraud and said so, that's what this case comes down to. her -- or his belief. what was in his state of mind. what does this indictment say in the media coverage about this notion in the left from the media, from the d.c. swamp about how far first amendment protections go and what they ultimately want to do to that first amendment protection? >> joe: todd, it's purposefully misleading by amateur hour hosts like kaitlan collins and everybody else you see on those other networks. they want donald trump to be in the news because he is the only one who is keeping those networks afloat in terms of ratings in any perspective. he goes away, the ratings go away, because the talent isn't there. and, ultimately -- and we saw a "new york times" cnn college poll that just came out, joe biden, dump tied right now in this election ultimately comes down to michigan. everything else doesn't matter and it's a few thousand votes there. >> carley: usually august is a slow news month. not this august. we got a new indictment. joe, we have got to leave it there "fox & friends" starts right now. >> charging donald j. trump with con intirg to defraud the united states. >> biden's justice department just brought criminal charges against donald trump for the third time in four months. >> this is a free speech killing indictment. >> hunter biden basically said everything we're doing is about my father's last name. >> the value he brought to the business operation they were involved in was the biden brand. powerful political figure in d.c. >> there is no more room. >> the migrant crisis overwhelming new york city. huge crowds lining the streets outside a hotel now filled t

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