apparently so excited to indict the former president that actually ask only posted charges online before the grand jury rendered a decision. we are not sure if the judge is going to read the decision. we will listen in as indicated. all indications, the leak came out this afternoon. could have been the d.a. jumping the gun. let's listen. >> can you tell us what it says? >> i didn't get a good look. >> so you all need to leave. we've had a long day. these folks can't go until you all go. i know we had talked about leaving the equipment here. don't leave the equipment here. you're not going to want to be here tomorrow. you're welcome to be here. we don't have a rule 22 for what's going on tomorrow. >> did you find anything good? >> the decision. they can come collect it. >> however has audio. don't forget audio over here. >> are these yours? your buddy's? >> yep. yep. >> let's go. >> sean: as we continue on "hannity," we're watching live scenes out of the fulton county courthouse. what we are looking at right now is the grand jury, which has been meeting and voting late into the night here tonight. clearly has handed up a sealed verdict as it relates to donald trump and issues we had been anticipating out for a long time regarding donald trump. we believe now they went before the judge and it has been signed by the judge and filed with the clerk. we expect and anticipate that we'll find out what's in this sometime in this hour. we can't say for sure, but they have handed up their verdict. anyway, let's bring in constitutional scholar, also a senator from the great state of texas, senator ted cruz is with us. senator, welcome to the program. looks like all indication will be that this is going to be a fourth indictment of president donald j. trump. my sources are telling me that there will be many others also likely indicted in this and perhaps even some unindicted coconspirators. but i'm getting mixed signals from a lot of people. what are you hearing? and what do you think is happening right now? >> well, sean, it certainly appears that we are going to see an indictment from the grand jury in georgia. that may be coming out today. could come within the next hour. i don't know what is going to be in it. there's rumors and allegations of rico charges. we don't know what's in it but you asked what my reaction is. i'm pissed. if there are indictments tonight it will be the fourth indictment of donald trump. there -- this is disgraceful. we have never once indicted a former president, leading candidate for president. this is joe biden and this is the democrats weaponizing the justice system because they're afraid of the voters. this is disgraceful. it is wrong. it's an abuse of power by angry democrats have decided the rule of law doesn't matter to them anymore. >> sean: let me ask you, senator. so many americans feel this way. we are watching jim jordan's house judiciary committee on a weekly basis. their key investigation is whether or not our fbi has been politicized in weaponized. whether the doj has been politicized and weaponize. i think we need to put emphasis on what you just that. never in her long history as a country has this ever happened to a former president, nor has it happened to the chief rival of a sitting president running for president. and yet they not only want these indictments. this would be the fi four-time histories been made. they want the trials in the middle of the caucus, primary, election season. is that, as president trump has been arguing, election interference? >> of course it is. the timing is nakedly political. every time more bad news comes out about hunter biden or joe biden, you can set a stopwatch within hours some clone goes in and indicts donald trump again. all the little lemmings in the media's eight trump, trump, trump. last week the house oversight committee released bank records that said joe biden and associates received over $20 million from foreign sources while joe biden was vice president. just when he's in office, over $20 million. is there anything on earth shhunter biden could do for you that would be worth $20 million? if you are a ukrainian oligarch or russian oligarch, i guess so. just after the vice presidency, hunter and his family got another $8 million from the chinese communists. you don't just happen last week? last week the statute of limitations ran on the $8 million that floated to the biden family from the chinese communists. you know who let it run? david weiss, the u.s. attorney who is obstructing justice, who was blocking an investigation. what did merrick garland do? he named him a special counsel which is disgraceful. as you know, i do a podcast every week, verdict with ted cruz. today's podcast goes through why david weiss' appointment is illegal, directly contrary to doj guidelines that say that has to be someone outside the department of justice. merrick garland doesn't care. he's ignoring the law. more importantly it's supposed to be someone with integrity to prosecute and david weiss has shown he's willing to block the prosecution of hunter, to allow the statute of limitations to go forward and to allow apparatchiks on his staff to protect joe biden to say no questions about the big guy. no questions about joe biden. it's why you've seen two senior irs career whistle-blowers come forward and it's why i believe we're seeing an indictment like late tonight because the media wants to change the topic. >> sean: i have a couple more questions. i want to bring people up to speed at home. phone county district attorney's office has now handed a grand jury indictment to george robert mcburney. as we saw just moments ago the judge looked through the multipage document, handing off to the clerk's office representative. we do expect that now that the grand jury has handed up the sealed indictment, we will find out what is in it at some point tonight. one other point about mr. weiss, who has now been, you know, remember he was the one who gave hunter biden the sweetheart deal, senator. it was the sweetheart of all sweetheart deals. it was a get-out-of-jail-free on anything else he might have done. you mentioned the statute of limitations. we'd already known that on previous charges. we also heard from whistle-blowers that work using both david weiss and the attorney general of telling a very different story about the real authority that mr. weiss had. whether or not he had authority and other jurisdictions. it turned out that in fact he was telling the irs whistle-blowers that he was telling them he did not have that authority. so either the whistle-blowers are lying or merrick garland and david weiss are lying. i know who i tend to believe. >> yeah. listen, sean. i am here in texas with incredible patriots at the kingwood tea party. i'm in a room with hundreds of texans right now who want to see accountability, who want to see the rule of law, who are ticked off that the president of the united states, there is now growing and overwhelming evidence that joe biden has made a business out of selling favors. hunter biden was the salesman. let's be clear, it's not "access sportsnet" the appearance of access. what the allegations from whistle-blowers, allegations from the fbi are that hunter biden sold official favors from daddy, from joe biden. that is bribery. bribery is explicitly enumerated in the constitution is a basis for impeachment. instead of this circus and sideshow of indictment after indictment after indictment of donald trump, i believe the house of representatives needs to move forward with an impeachment inquiry for joe biden. if it's proven that he accepted a bribe, and should be impeached. he should be removed from office. he should be indicted. he should be prosecuted, and he should go to prison. >> sean: let's get your reaction to this news. nbc reporting that fulton county grand jury has returned ten indictments. we are awaiting the names and the details. we obviously -- obviously we have to believe one of them would be president donald trump. if i had to render a guess, one has to wonder if rudy giuliani's name would be in there or sidney powell's name or john eastman. again, i'm only guessing but if i had to give an educated guess, i would say those are the obvious. your thoughts. >> yeah, look. the one that's obvious that it's going to be is donald j. trump because it is clear that this prosecutor went in with an objective to indict donald trump. it's the same thing as alvin bragg. the wild george soros partisan in new york. the same thing as merrick garland and jack smith. jack smith has a history of bringing partisan indictments. he indicted bob mcdonald, the sitting governor of virginia, when he was a credible candidate for president. he got that eviction and that conviction went to the u.s. up in and it got unanimously thrown out but the conviction was all about politics. they want a trial to attack donald trump in september o.r. october of next year right before the election. the other ten people, i'm not going to speculate, the other nine. we'll find out. frankly there were nine people who were unlucky enough to be standing somewhere in or around donald trump. their target is political. this is not the rule of law. this is not enforcing the law fairly. this is because partisan democrats have convinced themselves, look, if you disagree with donald trump, campaign against him. that's called democracy. democrats don't believe in democracy because they're worried the voters don't want four more years of the disaster that is joe biden. so they want to abuse the justice system to try to take that choice away from the voters. i think that's shameful. >> sean: senator ted cruz has graciously agreed to stick around with us as news develops. senator, we appreciate your expertise on a night like tonight. let us bring you now and get some legal analysis, jonathan turley, law professor and fox news contributor. jonathan, we are reading and we have multiple sources telling us there are ten indictments named here. an educated guess, i think we know the names. certainly the top of the list would be president donald j. trump. this would now be his fourth indictment. one big difference we would see in this case probably versus the other three previous indictments would be georgia sunshine laws likelihood of this being on television is probably great. will be impactful to the american people, more so than the other cases? >> well, it will be. the other big distinction is that the cases brought by jack smith are subject to presidential pardon, including the possibility of a self pardoned by donald trump if he is reelected. the new york and georgia cases are not subject to federal pardon authority. the suggestion is that they are not just ten indictments but it's based on rico. that's a favorite tool of this particular prosecutor. it requires a pattern to be shown, usually of fraud, that ties these people together. this is a lot of indictments obviously. ten defendants. that's also similar to a lot of criminal ricoh statutes. the danger here is that it can dilute the legitimacy of the case. unless you can show strong linkages on a case of this kind. you don't want it to look like you're charging everyone and letting god sort them out. so we have to see what evidence they actually turned out. one of the most concerning aspects about this particular investigation. there's a number of them. it began after the disclosure of the call of donald trump to georgia election officials. that call has been widely misrepresented in my view. in the call, president trump at the time said you will need to find around 11,000 votes. that has been taken as an invitation for fraud. there is of course more obvious explanation and that is the georgia officials were saying further state recounts may not be necessary. and it would be natural for trump to say look, you only need to find 11,000 to turn the outcome of this election. so i don't need that many votes. thus, a state recount is justified. either of those interpretations could be believed by citizens. usually need something more clear to establish a criminal case. to meet the more innocent explanation is the more obvious one. >> sean: let me ask you. first of all, contend indictments, could it be more than ten people? in other words, could there be multiple people? or would that number ten be the nunumber of people? >> it's hard to say because in the vernacular with people use, it could be individual defendants. it does not appear to be a reference to the count. there's been other leaks saying we have dozens of counts here. hobo don't know much quite frankly about what's in this indictment against donald trump, if there is such an indictment. we expect there is. there's been suggestions the call feature prominently. there's those ultimate references references to a controversy involving coffee county. this is where the trump team gained access to one of the voting machines. you have to keep in mind that back then, and you and i were doing the coverage, the trump team was trying to get access to these machines because they were alleging the machines could be manipulated and votes could be flipped. apparently someone, may be of these defendants, gave them access to a machines and coffee county. that has been alleged to be a breach of security of that machine. it was after the election. the machines were still in control obviously by the election officials. the problem with that is the emails that we have read to the trump team say we got an invitation to see one of these machines and it's been voluntary access granted. she is going to need something more than that, right? she's going to need to show there was a knowing criminal intent not just fast some of these individuals and georgia but of donald trump himself. >> sean: let me remind people what has happened. we now have what has been unfolding in the last 17 minutes. the grand jury that worked late into the night tonight up until the moment we are coming on the air has come up with what will we believe, widely reported ten indictments, signed by the judge. filed with the clerk. what we are now discovering and finding out a little color behind the scenes here, the clerk was asked about names or charges in the indictment. remember it was signed by a judge and filed with the clerk and the clerk just told reporters who will hear what's in these indictments tonight. worst-case scenario, three hours. a representative from full county superior court clerk's office, representative from the fulton county d.a.'s office on several representatives from the fulton county sheriff's office have walked in the courtroom. judge robert mcburney's courtroom. this is unfolding behind the scenes. basically means that any point we could, we could be informed of what it is though grand jury was actually working late into the night far. let me go back to this issue of ricoh and racketeering and conspiracy. which we have heard a lot about in the days and weeks leading up to it was fairly inevitable and full county. usually when you hear ricoh, racketeering, you think about those were designed to go after specifically the mob. how do you come up with a rico conspiracy charge, racketeering charge? how do you foresee the arguments going down in that way? >> well, it has been extended for use beyond the mob. what you have to show is that a predicate offense, one of the offenses listed in the state statute, has occurred. that there is a pattern of those crimes, two or three linked together is enough to establish a rico conspiracy. there clearly looking into electoral fraud and possible forgery and other crimes that may be alleged as predicate offenses. the thing about rico prosecutions is that they are a favorite of not just many prosecutors but this particular prosecutor. willis sort of cut her teeth on rico cases. she brought a very famous case against a group of teachers. this is sort of in her wheelhouse. the question, however, is still there was interstitial links, those connections between these predicate offenses and these defendants. how strong are they? we haven't heard any direct linkages to criminal conduct by donald trump. we'll have to see what they have and whether she was able to cross that rubicon. with ten people, there's also added pressure on some defendants to flip. it's a very common rico tactic among prosecutors to charge everyone and see if some of these low-hanging fruit defendants will decide that they're better off giving states evidence. usually these rico charges, with heavy penalties. >> sean: fox news contributor and of course law professor jonathan turley. he'll be staying with us throughout the hour tonight. thank you. stand by. we'll be getting back to you. joining us now is president trump's attorney alina harbaugh. thank you for joining us. have you heard anything? unlike a federal charge, my understanding is the people that have been clearly indicted to nominates were not given any type of target letter or update any way. is that correct? >> that is correct and unfortunate but that is correct. i do not have any knowledge of any indictment. i have spoken to our team. unfortunately we are watching this with you, sean. i think that says it all, don't you? this is unprecedented. cameras now behind the judge's clerk office. i have clerked for a drug. i've never seen that. for the attorneys of possible defendants to not even be given any heads-up or curtesy but to be told with the news. it's despicable. it's the state of our country unfortunately at the moment. >> sean: for most the day, my understanding is is that you are anticipating something will happen today and as the day went on in the grand jury stay longer, it became pretty clear something was going to happen tonight. you've been reading -- go ahead. >> i mean, i think there was one critical thing that happened that we should discuss and that is that hours ago the clerk accidentally posted an indictment. they said it was a mistake. we don't know what happened there. but then after that, fani had the courts and whoever to stay open late and bring down an indictment because possibly in my opinion i would be pretty embarrassed and not want that to turn over into tomorrow's news. that's what we have going on. we also have -- >> sean: it would look at fu full county courthouse's website, chose the president hif facing 13 counts. including antiracketeering, conspiracy, full statements, asking a public official to violate their oath of office. 13 counts, all felonies, one a very serious felony. all they see the rico counts being the most serious of all of them. do you believe as i suspect, it's an educated guess, that even though they hadn't brought this to a vote before the grand jury that these were the charges that they were going to present to the grand jury assuming this is what they're going to get. i guess under the theory that you couldn't indict a ham sandwich. they were anticipating to get their way. >> exactly and they rushed in witnesses to do it. that's exactly what they did. it's election interference. they are worried. fani has been planning this for sometime. we saw the barricades go up in georgia. we knew something was happening. even the attorneys, to go back to your first question, the attorneys in this mess, the attorneys that are dealing with these bogus claims themselves, have not been given notice. that is how they're behaving. it's very unfortunate. it's unprofessional. i've never seen anything like it. >> sean: all right. alina, i understand are going to stand by and wait till we get full reaction. thank you for being with us. we have also senator ted cruz, professor jonathan turley. for more on these indictments. we also now bring in fox news legal analyst gregg jarrett. former acting ag matt whitaker. harvard law professor, i guess harvard law professor, is he there? or no? okay. let's go to the gregg and start with your analysis. ted cruz brought up something very deep and very profound. that is in the history of this great republic, this has never happened to a former president. nor has it ever happen one time to a leading candidate to challenge the sitting president. and he's leading by a large margin in terms of percentage of votes. at this moment right now. seemingly when you look at the three prior indictments, arraignments. the expected one when we get this read at some point soon, that this is going to be number four and that these trials may actually take place during the time of caucuses and primaries. basically consuming the entire next half a year of 2024. your reaction to that? >> well, i think the focus should be on the reaction of the american public. every time there's one of these indictments against trump, his fund-raising goes up in his poll numbers rise. why's that? it's because i think the american public realizes the truth what's going on. that this is, as senator cruz pointed out, never by joe biden and those in his department of justice and local prosecutors in places like fulton county and new york city, to try to stop trump from being reelected president of the united states instead of allowing voters to decide. they are decided that they know better. so they're bringing, in some cases, a specious charges against the president to stop him. uploading the charges before the grand jury even voted on them earlier today. i mean, that shows that the trump indictment here in georgia is preordained. that doesn't make it legally viable. i think what's so troubling here is how the district attorney has contorted trump's words. look at her earlier court filings. she claims that trump told the georgia secretary of state to find 11,780 votes. that's not what he said. read the transcript. >> sean: this is important. >> looking to find some 12,000 votes which represented his deficit. of course he did. as professor dershowitz pointed out, all candidates say that. that's not a crime. >> sean: lesbian professor dershowitz. let's get to 2.3 the first point is the idea, i have read that transcript and i have read it again and again. in that transcript, donald trump, on that call with georgia officials, repeatedly talks about areas where he felt that the vote was unfair. at one point even mentioning that he felt that he won by over 400,000 votes and gave specific examples of where he thought mistakes were made. and then they seemed to only want to point out the one line, just like in the case of january didn't want the public to see was many of you will peacefully and patriotically march to the capital so your voices will be heard. in this case, they focusing on -- he talked about although votes he felt were legitimately his, his point of view. however, i only need 11,700 -- whatever the number happen to be. i would have won the state. that hardly seems to me like a strong enough case to bring before injury. your reaction to that. >> of course, it's pretty much the same thing. i did and another professor did and those of us the al gore team, i was representing the voters of palm beach county. and we said please check this county, that county, find this vote, find those votes. we think there are more votes. we do the same thing. the other professor wrote a legal memorandum. laying out a strategy very similar to the strategy for which these folks are being invited today. if you look back at the 2000 election of the protests, i still think to this day and i'll say it here on television that election was stolen from al gore by bush. he won the actual election. i'm saying that. are they going to come after me now? i guess the statute of limitations is gone. >> sean: now that you have already been banned and canceled in martha's vineyard. the next places nantucket. i would assume that your next stop. maybe the state of massachusetts thereafter. i don't know, professor. >> i love nantucket. the ideas we are all part of the united states and we have one rule for democrats, one rule for republicans, one rule for martha's vineyard, one rule for nantucket, one rule for georgia. you can start making crimes out of what the democrats did. the john kennedy election. the 2000 election. 2016 election. jamie raskin gets up and does some of the same things. these are political actions that the constitution prefers us to take rather than going out on the streets and rioting. we are supposed to go to court. we are supposed to go to congress. you can't make those things crimes. you can expand the rico statute to not include political objections. on my podcast, i get bananas every day. i was up to two bananas to the banana republic. i'm up to three or four after this indictment. >> sean: that's a powerful statement. let me ask you, matt whitaker pier one atlanta prosecutors appear to inadvertently reveal the offenses with which they plan to charge president trump in connection with this grand jury appearance today, my question is if these churches turned out to be exactly what they put up on their website, it certainly would give some credence and credibility to align often cited by people, you can indict a ham sandwich. in the course of going before a grand jury, one side does not get to give their take to the grand jury at all. is that correct? you hear the prosecutor side, it makes it that much easier. the bars at much lower and if you're going after -- to use the words of professor dershowitz's best selling book, if you're out to get trump and these are the charges, oops, we posted it earlier in the day. accident. you're showing the book. if they end up being the charges, what does that say about our legal system? does that give faith and confidence in the american people or do they go, they could indict anybody. they knew this was in the can. a county, by the way, which voted about 24% for donald trump. remember d.c., 5.4%. new york city 12%. other venues where donald trump has been tried. i'm sorry, where he has been indicted. >> yeah, sean, those are all great points. the american people need to get used to the term law-fair. the rule of law is under ass assault. democrats are using complaints and indictments to go after the leader of the republican party. most likely no money to oppose biden and they are going after him and very blue districts. fulton county, manhattan, to your point. joe biden and his department of justice using a very aggressive special counsel. in each and every one of those cases, sean, they're using novel legal approaches. the road of justice is well-worn. there is precedent. there is. prosecutors follow the law and the facts to do these cases. each one of these cases, these prosecutors are using not only very liberal districts, left-leaning districts, they are using novel legal approaches that a lot of legal experts and i'm sure the panel today will agree with me. these cases are all going to be appealed and they are mostly men going to be ultimately overturned. and so what do we have? they are scoring political points trying to affect the election as we head into it. to weaken the strongest candidate. >> sean: i will get back to all three of you in a moment and ask you about all that talk about rico, racketeering, and conspiracy charges, things we've been anticipating coming up but first we welcome, he's the host of life liberty and 11. i called him the great one. mark levin. it let's get your reaction to all of this, ten indictments it appears have put in a sealed verdict, filed with the clerk and we expect to hear it. could be any moment. >> stalin would be proud. i'm sure this proud. enemies are celebrating. what's happened here is an allen set it pretty well, congress is supposed to make all these final decisions, you're not supposed to criminalize the challenging of electors or dual electors or counting of votes in that sort of thing. these are prosecutors, these are great injuries. the legal system, the judicial system has been vascularized in these districts completely. we are going through the motions of justice. like autocratic regimes. were going through the motions. most countries don't have grand jury's. grand jury sought prosecutors. these are all democrat cities going through the motions. democrat president, attorney general's been doing a number of outrageous things. it's a grave attack on our judicial system, our system of justice in our election system. this is an attack on the republican party. don't you dare challenge elections. don't you dare send and other electors. don't you dare question machines. don't you dare do a dam thing because nobody knows what the rules are in these democrat cities and states. unrelenting a little bit of issue with my friend jonathan turley. it's not clear in the constitution whether you can indict a sitting president. they don't even mention it. the reason you cannot indict a sitting president is because both parties have agreed under attorneys general of either parties, legal counsel, the we don't indict sitting presidents because of trigger you will captivate the government -- so in basis of comity and bipartisanship it's been decided you don't do that to a president. i would find it hard to believe that under article six, paragraph two of the constitution, commonly referred to as the supremacy clause, that any serious court like the supreme court would say you know what, in the federal court president cannot indict himself. excuse me. a president can't pardon himself. a president can't be indicted. but for the local d.a., they can? that's not going to fly. supremacy clause established the constitution and federal law to take precedent over state laws and state constitutions. they are not going to allow state das, local district attorneys to interfere with the functioning of federal elections and the federal presidency. it's never been tried but i seriously doubt they're going to let ada do with the attorney general of the united states is prohibited from doing. let's put that on the table in georgia and new york. number two, and i think it was gregg who brought this up. the nature of the statutes that they are using are so outlandish and so outrageous. the way that they are looking for anything to twist any law, to twist any event to try to take down trump rather than leave it to the voters. they want these trails immediately. during the republican primary, before the election, it should make it so abundantly clear to everybody what's going on here. the problem is, sorry, alan, the democrat party has become so radicalized in such a tool of its radical face. they are denied, most of them, they are tonight, most of them solid writing. they don't come out and see a damn thing about hunter biden. they circle the wagons. joe biden, they don't even have a curiosity about anything related to joe biden despite the fact there are predicates all over the place for special counsel. they are excited. they have alvin bragg, they have this man in atlanta, there hit man in washington, d.c., using the wrong venue for it. they are going to use a rico statute. ladies in german, the people of america, you know what's going on here. this is not -- this is not justice. just because you have a judge, just because you are a grand jury, just because you have a fake media, that doesn't mean things are going right. do you know how many countries have voted for tierney? people vote for tierney and then it's too late. they realize what they've done. do you know my dictators have been elected at the ballot box. how many people who have challenged them have been called enemies of the state. thrown in prison. do you realize -- [indistinct] facing 1,000 years in prison! 1,000 years. do you realize how ridiculous this is and how outrageous this is. joe biden going on vacation? attorney general of the united states opens his big mouth. people are self-righteously saying how wonderful the system is. are you kidding me? this is a grave time in american history. alan, it's not four bananas. it's all bananas. that's what it is. if they can't figure out how to get this to the supreme court in time which is not a slam-dunk and if the supreme court won't take it out, put all this mischief until after the election, the damages forever. that's my opinion. >> sean: mark levin, the great one. thank you. if you're just joining us, we now have reports that the number of indictments that have been handed down by the fulton county grand jury earlier this evening, we will have that corroborated we expect at some point very soon. there are ten indictments. they have been signed by the judge, filed by the clerk. the clerk now has said that in fact it could be forthcoming at any time. worst-case scenario would have been three hours but that was 2. i would imagine it would not take as long a period of time. we now bring it to, i believe we have newt gingrich with us. i guess bret baier is with us. great to have you. one of the things i'm thinking about and i know a lot of conservatives -- i don't know if bret baier can hear me. >> yes, sir. >> sean: this goes to the heart of what's going on in the house judiciary committee. this goes to the heart of what's going on in the house oversight and accountability committee. you know, we have a media almost blackout that joe biden, s candidate. joe biden as president. repeatedly said he never spoke to his son, his brother, or anybody about the foreign business dealings. that evolved into about a month ago, little bit less than a month ago, as we have been saying, joe biden was never in business with his son, which has evolved into joe biden never met with his son's business partners. we know that's not true. we know about the russian oligarch, first lady of moscow among others. we know joe biden to the family didn't get money from china. we know, hunter biden has had he's done nothing wrong. he and others have said that the laptop of hunter was russian disinformation. the media, you think there would be some curiosity. you being a very prominent objective news person, when do they ask the question, what did hunter do at a time when he was addicted to drugs in his life that warranted tens of millions of dollars from countries, many of them hostile regimes towards us, why did the family of so many shell corporations, what about the grandkids that appeared to have gotten paid according to james comer, what did they do for this kind of money? are we really to believe these phone calls met nothing? there they were talking about the weather. people are asking, it's the fourth indictment of president trump it okay. hunter was just given a sweetheart deal that would have gotten him out of all trouble and no jail time. do americans have a right to ask that question tonight? signal 100%, sean. this is coming up again and again on the campaign trail with republican candidates talking about a tuesday or -- two-tier system of justice. they are running against the former president. they believe that too. this lot of questions. the transcript being released that backs up the irs whistle-blower. it all is worthy of going down all these roads and you have done it very well here we try to cover the news as it happens. tonight i just want to update you on a couple things. one is that it is ten indictments by the grand jury. we saw the cover page that was signed off by the judge. it said ten indictments had moved forward. zero no bills. that means fani willis, the district attorney bringing for these cases, the grand jury didn't turn away anything. they went for everything. that fani willis brought forward. what's happening is the process of the clerk putting on the docket, getting it through the process, could take anywhere from one to three hours. this is about 30 minutes ago. they expect the district attorney will have a press conference. even at this late hour. explained what exactly is in this indictment specifically. we expect the former president will be charged. when it says ten indictments, that doesn't mean ten different people. it could be grouped. we expect there are the people involved. as has been talked about by your legal experts, the going vet is this is a giant rico charge of the conspiracy they are painting to say the president engaged in this to overturn the election results. >> sean: want to get your take, bret baier, thank you for being with us. we saw and we witnessed earlier today and i know you talk about it on program. that prosecutors in fulton county, georgia, appeared to jump the gun inadvertently revealing the offenses on their website. charging former president trump in this particular posting of a 13 counts. obviously we have been anticipating rico antiracketeering laws, conspiracy, false statements, asking a public official to violate their oath of office. if it turns out those other charges i'm going to raise some questions about the absolute confidence in their ability to get exactly what they want and voted on the way they want tonight and doesn't reinforce the notion that you can indict a ham sandwich? >> yeah. it was so bizarre today. that comes out. reuters picks it up. it's very specific. it's on the clerk's website. it's on the county clerk's website. that's how they get it. then they say no. that was wrong. it was the fictitious posting and that you have to be sure that it's the right number and the right judge. it was on the website. they didn't say they were hacked. they didn't say how this happened. so then we see this massive speed up of the witnesses we thought were going tomorrow and call today. two of them, at least one of them went to the courthouse and was expecting to testify and did not. so then they stayed. the grand jury met. they voted. we saw what we saw the passing of those documents but it was bizarre and they still haven't explained what exactly that was. to your point, yes it does give ammo that this was all baked in the cake and that the grand jury they expected was going to move forward with all of this. it's ten, not 13. that's where we are. >> sean: all right. we are also hearing there might be unindicted coconspirators. bret, thanks for staying up late with us. we appreciate it. 90s, big debate, republican debate. we don't know yet if donald trump will be part of it and we hopefully will find out in the days to come. no doubt however our justice system is weaponized. it's politicized. that's what jim jordan's committee is looking into. most americans now believe it. polls are showing and perjuring us now former house speaker newt gingrich. speaker, i am getting into this moment of time here and i think ted cruz at the start of the hour really, really honed in on your area of expertise, you're a former professor and historian by trade. not a politician. i know you so well. when you think of the history of this great republic and this has never happened let alone one time but now this is the fourth time to a former president and also the chief rival, leading arrival, opposition rival to the current president running for reelection. it does add a lot of historical significance. your reaction to that part of it? >> i think what you're seeing tonight is one tree in a forest and i think we are drifting towards the greatest constitutional crisis since the 1850s and the rise of secession and the civil war. i don't mean that as hyperbole. if you read andy mccarthy's remarkable book which came out in 2019, makes very clear that it's barack obama who corrupts the justice department. it is hillary clinton who routinely breaks the law and gets away with it. and now we have joe biden. he's learned from obama that it doesn't matter what you do. if you're a liberal democrat, you will not be prosecuted. her learned -- he learned from hillary that a person in high public office can get millions and millions of dollars and they learned from watching donald trump that are true outsider willing to take on the entire system could destroy their entire machine. what you're seeing across the country is desperate last ditch effort by a corrupt machine to destroy their most dangerous opponent in a way which not only breaks the constitution, destroys through the law, and establishes a moment of bitterness which i think will last for a generation or more. i think this is going to be a horrendous period and we just need to understand the people who want to control america and dictate to the rest of us will break any law, lie about any topic, and manipulate the system anyway they can and that includes a lot of elite news media. >> sean: let me ask you, mr. speaker, this question. we are heading to the very busy political season. that means caucuses, primaries. we know the special counsel in the washington, d.c., case has stated publicly he liked that trial to begin on january 2. that's right up against the iowa caucuses. following the new hampshire primary, following south carolina. heading into super tuesday. how is it possible that if donald trump wants to even continue his run for the nomination, how does he throw that needle and navigate, you know, the complications and obviously go long without? >> what his enemies don't understand is that donald trump is not a candidate. he is the personification of a national movement. that's what you saw when the two governors went to the racetrack the other night in iowa. people began booing both of them, including the very popular governor of iowa. that's what you saw at the state fair. you weren't seeing a normal candidate. you are seeing a person who personifies for 4550% of the country of their hope that they can save the country from what they see as a stunningly corrupt bad machine trying to control their lives. let me give you an example. 1978 when i was running and finally winning after two defeats, dick cheney was running for the first time in wyoming. he had a heart attack. his wife helped invent cardiac's for cheney. people who'd had heart problems all over wyoming began campaigning for dick because he was a hospital recovering. if they get donald trump walked into a room, they're going to find five, ten, 15 million americans willing to campaign as willing to go out there and sayr him because i'm not going to lem be defeated by a totally corrupt person. but i'll go a step further. i really believe that the republicans in the house should cut off jack smith's money. i think his last day of the payroll should be september 30th. we should do whatever it takes to close down this entire anti-constitutional worthless breaking of the law. i think this is so dangerous to the very survival of the republic that it has to be stopped. >> sean: okay. let me ask you this, mr. speaker. we have really significant, serious allegations. i went through a list of lies that candidate and president joe biden told the american people. he lied when he said that he never wants spoke to his son about his foreign business dealings or his brother or "anybody for that matter." he said it as a candidate. he said it as the president. then we are looking at a phone call december 4. 2015. this is joe biden getting a phone call with hunter at burisma executives. hunter of course by his own admission admitted, addicted to drugs at the time. he is doing multi, multi-million-dollar deals with many countries many of which don't even like us at all. and yet he admits on "good morning america" he has no expanse for these doing energy deals with china, cfc, energy deals with burisma. then as a result of that phone call on december 42015, that set into motion ultimately became j, vice president, leveraging a billion taxpayer dollars in ukraine saying you've got six hours to fire prosecutor. who's the prosecutor? victor chopin. who's viktor shokin? investigating burisma pain joe biden son ultimately millions of dollars. so son of a b, six hours they fired the guy. the investigation stops in ukraine got there billion in loan guarantees and guess what hunter biden continued to be enriched and continued to get paid by marie smith again while he's admittedly a drug addict. and a guy admits he had no expanse in energy oil gas coal or ukraine. can you explain that to me? can you explain these shell corporations that comer's committee has found? and use plain with hunter and the grandchildren did for these millions? apparently they all got paid. >> sure. look. you're making it too complicated. they are crooks. they lie. since they are crooks and they lie, what you just described work crooks who are lying. the problem for the american people is we really can't quite believe that people in public office -- hillary is the same way. hillary made $37 million as secretary of state by selling 20% of america's uranium to a russian company which gave the clinton foundation $37 million. they just lie. these people are bad people doing that things, and that's why we are headed towards the greatest constitutional crisis since the civil war. because at least half the country know, despite every effort of "the new york times" and every effort of "the washington post" and every effort of the big networks, the country itself is beginning to come to grips with the fact that they have in the white house a corrupt family which has been willing to sell out america to china, russia, ukraine, romania, causing stone, and then lie about it. >> sean: i don't like to interrupt you. but we are not waiting for an indictment on the bidens to be handed down tonight, just the opposite happened. this is where again the judiciary committee is looking into weaponization and how the fbi and doj may have been politicized. we are not looking at possible indictment just handed down, well, little less than an hour ago as it relates to the biden family. no, sweetheart deal was given to biden by the guy merrick garland just appointed special counsel after he was investigating this issue for four years he was given a little tap on the wrist no jail time and oh, by the way, anything else you might've done wrong in that time. matt, that's all -- that will all go way. >> sean, you know i love you. we have a great wonderful friendship. but like almost every american, you keep coming back and describing this as though it's complicated and as though it's difficult understand. this is the drama, a great tragedy. what we have is a system, the current president, president obama, secretary of state hillary clinton, leaders in the justice department, leaders in the fbi, leaders in some of the major news media and the system is corrupt. everything you just described is perfect, isn't it? if you start the morning and you say i wonder what the corrupt system did today to protect itself and two, to try to destroy its major opponent. the rest of the day works out pretty well. you understand exactly what happening. it's not complicated. it's just bad and it's scary and it should scare us because it threatens the very fabric of the american constitutional system. >> sean: do you anticipate will be four indictments against donald trump, four arraignments. in the case of georgia, fulton county, we both lived in georgia. we met in decatur, alabama, but we really got to know each other and i was the mc of your event tonight you became speaker. do you believe, i do not for example believe new york city, the jury pool of only 12% of trump voters, it's going to be fair to donald trump. i don't believe a little over 5% in d.c., i think it's going to be hard to get a fair jury, fair jury panel in d.c. fulton county i think it's about 24% then voted for donald trump. do you think he can get a fair trial in fulton county question mike you are from georgia. >> look, challenge these left-wing crazies to try donald trump in west virginia. if it's okay to try him in d.c. where he got 5% of the vote, why isn't it okay to try him in west virginia where he got 70%. none of them would want to try him in west virginia because you could never convict him. period. the fact is the average american knows if you your inner jury pool that's 19-1 for biden over time, that's fair jury. it's not an honest jury, not a jury of your peers. it's a rigged game my really bad person. remember, jack smith was repudiated unanimously by the supreme court for destroying governor bob mcdonald. he literally changed the law in order to destroy governor mcdonald and the supreme court repudiated him. didn't help mcdonald. he was out of office. he had already been smeared but this is the guy they chose and then he chose d.c. at 19-1 against trump in order to try this case. it just tells you this is a corrupt system doing corrupt things and frankly i think republicans are going to have to have the guts to stand up and say no, this is over. the first place to do that is the budget and cut off the money on september 30. >> sean: all right, mr. speaker, we appreciate you being with us. if you're just running us at home, you can see we've heard reports all night and indictments handed down by the fulton county grand jury. signed by the judge, filed by the car, the clerk has a knowledge we can expect that we will find out who's been charged and what the charges are. we expect that. much, much more but well, were going to continue by the way with another hour of hannity as we await this breaking news as it comes. but we begin this 10:00 hour on the east coast, 7:00 on the west coast, it's a fox news alert. we are awaiting full details from fulton county, georgia, where a grand jury has handed out ten indictments in the trump case. the indictments remain sealed. we should have details of any moment. a little bit of information going out back and forth, maybe not all ten are dealing with this particular case. maybe there could be more than ten people. we don't have those details. again, we are going with reports that are widely being disseminated but we should know hopefully within the hour, we are hearing the indictment wil

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