The wall street Journal Editorial Board said this will be a Campaign Carnival that rotates between courtrooms, rallies around the prosecution of a former president that they write is able to convince most americans that this rather, the courts have been unable to convince most americans that these indictments are just brought. Theres not broad acceptance of that across the board. The Wall Street Journal saying unless you have that broad acceptance that that there was no other chance for these indictments, that could present a combination that could be difficult and dangerous months ahead. Were going to talk to the former Vice President , mike pence, a crucial player in everything that has unfolded in many ways on the Campaign Trail and also back during the president presidency. Jonathan turley says this case is free speech killing and john yoo who calls the charges a stretch. Lets go to david spunt live with the very latest on all of this and what to expect tomorrow at the just its the department. David . A little more than 24 hours from now, martha, the former president will be inside a courtroom for his arraignment here in washington d. C. , just feet from the u. S. Capitol. You can see the Capitol Building when you walk out. He will be blocks from his former residence at the white house. That will happen tomorrow afternoon at 4 00 p. M. Today he is taking the indictment news and running with it. Thanking millions on truth social, his Media Platform Saying thank you to everyone. Ive never had so much support on anything. Before the 45page indictment saying that trump used Election Fraud to get officials to subvert legitimate results and change electoral votes. Jack smith, the special counsel says trump organized fraudulent states of electors in seven states, arizona, georgia, admonish, nevada, new mexico, pennsylvania and wisconsin and trump attempted to enlist the president to use his role at the January 6th Certification Proceeding to fraudulently alter Election Results. Since the attack on our capitol, the Department Of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. This case has brought consistent with that commitment. Our investigation of other individuals continues. Trumps legal team making the indictment about free speech. Its an astounding document. The first time in American History, a former president is being prosecuted by a political opponent who wields the power of the criminal Justice System for what he believed in and the policies and the political speech that he carried out as president. The indictment reads that former President Trump was entitled like any american to question his loss, to question the Election Results where jack smith says that trump broke the law is when he tried to subvert the outcome of the election and change votes. Martha . Martha david, thank you. Lets bring in jonathan turley, Fox News Contributor and constitutional attorney and john yoo, Law Professor at the university of california berkeley. Great to have you with us. Were on the day in between here. Yesterday we digested this indictment. Tomorrow the former president will be indicted. Jonathan turley, as you look at this, sort of 24 hours later, what really sinks in to you about the dots that have to be connected for potential jurors to prove a crime in this indictment . Well, martha, the indictment will face some fairly strong constitutional head winds. As a threshold matter when it is introduced in to court. Theres serious First Amendment concerns here. What is most striking about the indictment is the lack of any limiting principal in what the government is saying. It admits that false statements are protected, including in elections. The Supreme Court said that in a case called alvarez. They had a politician that knowingly lied and the court said they were protected statements. The Department Of Justice acknowledges that you make false statements but trump cant because he was told that they were false. Well, you know, he had a lot of people that were saying that these claims were false. I was among them. He didnt listen to those voices. He listened to a smaller number of lawyers that said that the election was stolen and he had these options to take. If you start to criminalize issues like that, you find yourself on a Slippery Slope where the Department Of Justice can arrest politicians for not accepting what we deem the evident truth. Martha we all remember back to the al gore situation, Hillary Clinton at one point. Several points, actually, said that paraphrasing here, but that President Trump knows that hes not a legitimate president , raising sort of similar issues. John yoo, one of the other questions that is raised here when you read through this is the proposal of an alternate slate of electors. You know, contacting people and having them be the electors rather than the electors that were chosen initially. Is that part of this indictment potentially criminal activity in your opinion . We should realize this may be the most important criminal trial ever brought by the federal government in the history of the country to accuse a former president of trying to defraud the government, trying to obstruct congressional proceedings, trying to take away the civil rights of the voters in the country. What is disappointing as a former Department Attorney is how shaky the grounds are that this prosecutor is using to make those claims. One of them is, as you pointed out, martha, the appoint meant of alternate slates of electors. Some of these people did it because they thought that the actual electoral votes i agree, i didnt think there was fraud. But other people thought that they might be thrown out by courts. So they thought there was nothing wrong with appointing alternate slates of electors. They did it in good faith. They werent trying to commit any kind of thats the real problem here. The special counsel is trying to bring charges for matters which people in good faith might have been taking taking advantage of what they thought were legitimate constitutional and political routes to challenge the election rather than engaged in defrauding the government or stopping congress illegally from counting the electoral votes. Martha jonathan, very quickly. Do you think this trial takes place before the election . No, i think the good money is on the may date for the florida trial. Even that i think is questionable. They just put in a superseding indictment, added a party. I think the trump people can say this is now a didnt case. You should give us a different trial date. Its going to be tough. This guys dance card is filling up fast. Martha thanks, gentlemen. Great to have you. Thank you. Great to have you both. Mike pence obviously a very central figure in the election case against President Trump. He was referenced dozens of times in part because of detailed notes that he was taking while all of this was unfolding when he was Vice President. He shared those notes with the investigation. The gop president ial candidate which he is now as well, is taking on his former boss for the nomination and in this interview next. [bones cracking] tense music one aleve works all day so i can keep working my magic. Just one aleve. 12 hours of uninterrupted pain relief. Aleve. Who do you take it for . Limu emu doug what do we always say, son . Liberty mutual customizes your car insurance. 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Chainsaw Revs tree crashes chainsaw continues daughter screams lets pretend for a second that you didnt let down your entire family. What would that reality look like . Well i guess i wouldve gotten us xfinity. And wed have a better view. Do you need mulch . What, we have a ton of mulch. Martha current gop president ial candidate and former Vice President mike sense says the latest indictment of former President Trump by special counsel jack smith that reminds us anyone that puts himself over the constitution should never be president of the United States. The indictment mentions the former Vice President or his office more than 100 times in its 45 pages and quotes from notes that he took about conversations with the former president , donald trump. The onetime allies are now facing off in the 2024 president ial race and the former Vice President mike pence joins us now from his Home State Of Indiana where hes fresh off of a speech. Mr. Vice president , good to have you with us today. Thanks for joining us. Thanks for having me on, martha. Martha obviously when we have spoken in recent weeks, its about the issues of the campaign. Obviously this is a Big Story Yesterday and you have been obviously involved in it. Yesterday you said that youd have more to say about the indictment when you had a chance to review it. What do you say about it today now that youve had that opportunity, sir . Well, martha, let me say january 20th, 2017, i took an oath to support and defend the constitution. A promise i made to the American People and also ended with a prayer, so help me god. All four years all the way up to january 6, i kept my promise that i made to almighty god and to the American People. I think yesterdays indictment is will stand either on its own merits or it will fall. I cant speak to the legal arguments behind it. The American People deserve to know that on that day president asked me to choose between him and the constitution. I choose the constitution. I always will. I want the American People to know as i stand for the republican nomination for president of the United States that ill keep faith with the constitution. I do believe that while theres been weaponization at the Justice Department and we lived through it through the trumppence years, that at the end of the day, history will hold donald trump accountable for his reckless words and actions on that day. Ill always stand by the truth of that. Make sure the American People know why i did what i did, martha. I had no right to overturn the election. Despite the fact that President Trump has continued to insist that over the last 2 1 2 years, i want people to know that i stood strong on the constitution that day by gods grace and i always will. Martha you may have heard his attorneys last night saying that this is a free speech discussion. Thats all it was. All they asked you to do was to just take a pause that day. John eastman emailed your Legal Counsel stating i implore you to consider one more relatively minor violation of the electoral count act and adjourn for ten days to allow a full Forensic Audit of the massive amount of illegal activity that has occurred here. They said all you needed to do was take a pause. What do you say to that . I say that is completely false and contrary to American History, to our constitution and to the laws of this country. I never considered it, martha. The first time i heard speculation that as Vice President that i had authority to overturn the election by rejecting votes, i frankly dismissed it out of hand. The founders of this country had just won a war of independence against a king. I was confident as a student of American History that those founders would have never vested the Vice President or anyone else with unilateral authority to decide what Electoral College votes to count and which not to count. I was clear on that i was clear with President Trump throughout all the way up to the morning of january 6. Lets be clear on this point. It wasnt that they asked for a pause. The president specifically asked me in his gaggle of Crack Pot Lawyers asked me to literally reject votes, which would have resulted in the issue of being turned over to the House Of Representatives and literally chaos would have ensued. So martha, people can read the indictment. Frankly, ive said before, i hope that it not come to this point. I dont know if the government can meet the burden of proof beyond reasonable doubt for criminal charges. But the American People deserve to know that President Trump and his advisers didnt just ask me to pause. They asked me to reject votes, return votes. Essentially overturn the election. I rejected that out of hand and i did my duty that day. Martha you say the criminal process is separate. Put yourself on that jury for just a moment. If you were on the jury, would you say that this defendant, the former president had committed a crime that day . Do you believe it rises to the level of a crime . You know, martha, i dont know. Honestly, i dont know the full case that the government has. You know, ive said on your network many times that, you know, i dont know if taking bad advice from lawyers is a crime. You know, i would leave that legal process. Frankly, the profound issues about the First Amendment to the courts to sort that out. I think its important that the American People know what happened in the days before january 6. President trump demanded that i use my authority as Vice President presiding over the Electoral College to essentially overturn the election by returning or literally rejecting votes. I had no authority to do that. Frankly, martha, it seems that some of the argument i hear coming from his lawyers is something of a concession that he may have gotten bad advice. That he was just taking advice from his attorneys. You know, i know i did the right thing that day. Ill always stand by it. It was a tragic day. Again, by gods grace, with my family at my side, with my key advisers at our side and with the courageous work of law enforcement, we quelled the violence, Reconvened The Congress and completed our work. The only job the constitution gives the Vice President of the United States in that role is to preside over a Joint Session Of Congress where the Electoral College votes that are certified by the states are opened and counted. The constitution, martha, says that they shall be opened and they shall be counted. The electoral couldnt act adopted more than 150 years ago also specifies the amount of time and the procedure. I was going to make sure that we heard any objections and we heard any evidence that people wanted to bring forward. But the idea that i as Vice President had the unilateral authority to overturn the election had no basis in the constitution, no basis in history. I want the American People to know that. Ill continue to stand on the principal that i did my job that day by gods grace. Martha coming up, the former Vice President reveals whether he hopes to challenge former President Trump on that debate stage, his former team partner and whether or not he will make the debate stage. How are his numbers looking . That is next. So to speak. After watching the admiral that just made up my mind, i said, im calling newday usa tomorrow. 70 more dollars over my rent. Im actually owning my own home because newday usa focuses on the va homeloan benefit. Th