who will address this indictment. we are being told that news conference will take place in about 19 minutes. let's get you live outside the courthouse to matt finn. he is in atlanta with the braking allegations. what do we know. >> reporter: we are looking through the indictment documents right now. they do read that donald trump and some of his associates including rudy giuliani and mark meadows have been arrested and charged in this indictment. there is a long list of various charges including racketeering, false statements and solicitation of a violation of an oath by a public officer. we a reading to this right now. we will update you much more throughout the coming hour or two. throughout the day, there was a lot of anticipation or questions about who might be named in this indictment if any of donald trump's associates would be listed. we know that many of them are. there is a log was including some of his former attorneys. we are waiting on the press conference from the fulton county district attorney, then he wheless. that will give us more information and insight into this very long investigation. centered around alleged misconduct and criminal activity on behalf of the former president and his associates. regarding the 2020 general election here in this state of georgia. early today, we saw a lot of activity outside of the courthouse. we saw several witnesses coming in or out of the courthouse including georgia's former republican lieutenant governor jeff and i can testify today as he left the courthouse. he told us that this is an opportunity for the republican party to turn a corner. he called the gop 2.0, one of our producers asked him how he felt the testimony today and the indictment with the impact of donald trump's 2024 presidential election campaign. and he gave no answer to that. talk to a journalist who left the courthouse a short while ago. his name is george. he sat inside of the courthouse all day long today. he was doing some live tweeting and i asked him if he felt like this process was sped up today. and he says he felt like it was because initially she was supposed to come and testify tomorrow. he was called in today. he felt like this was speeded up. now, earlier today, as we had been reporting, there were some documents that surfaced on the fulton county website. one of those documents was -- appear to be the same exact indictment that we are looking at tonight as far as the charges related to donald trump. and those documents began circling and being reported on because it looked as if it was an indictment against donald trump. all of a sudden, the fulton county? office came out and said, you know, those are fictitious documents. don't pay attention to him. now we are looking at something rather similar tonight. so you know, that event kind of raises the question of whether this process was sped up because somehow the indictment against donald trump was posted on the 40 county website much earlier today. so we are trying to kind of sort out how that may have impacted the process here at the fulton county website. the big thing right now is we are waiting from the press conference from the fulton county district attorney, fanny willis. trace? >> trace: and other details appear to have change as we go to the hours. we were told earlier that what we anticipated was within three hours. that the court clerk would come out and give us an idea of exactly what was inside the indictment and then that a change. and it was handed out again to reuters. that was broken first. voters who again had this on earlier in the day and then now we are getting nothing but press conference. are you noticing the same thing kind of a change in events along the way, matt. >> reporter: well, roughly three hours ago, give or take, the indictment was handed to the clerk. we so that on video. we have 18 inside of the courthouse right now is wealth, trace. and the clerk indicated that it could take up to three hours because our understanding is that she had to manually enter the indictment documents into the system. and that we were told that there would be this. press conference. that was our understanding throughout the day. so i'm not exactly sure what is happening behind the scenes but nearly everyone involved seems like this kind of was sped up today. including that person that a journalist who was subpoenaed. he walked out of the courthouse and told us that he thinks that this process was sped up. it seems like somehow there was some clerical error or something that one very wrong that it was -- those indictment segments ended up on the website. >> trace: a meant to bring in the anchor, special report, bret baier. he brings up a good putt. over there you talked about it on special report, the fact that it seems like reuters kind of broke this early and then you had the court coming back and by the way, it was on the fulton county courthouse website, the.gov website, this indictment and then you had the courthouse coming out and say, no, no, no, that was fictitious. pay no attention and then when the release of the actual indictment a few minutes ago, it was broken again by reuters. it seems to be are liquids incidental. >> bret: yeah, just bizarre circumstances. the clerk saying that what was posted on the website was fictitious. but not getting about how they got into the website. so it was very bizarre. but it did speed up and we saw witnesses that were going to be called tomorrow get cold today. they did not actually testified and here we are at 11:00 p.m. eastern time for a press conference at the courthouse that usually closes at 5:00 p.m. so why the rush? who knows? but what we do know is now president trump and 18 others face dozens of specific charges here including racketeering, a dozen of their felonies, solicitation of violation of oath by a public officer, is preceded to commit forgery. first-degree false statements. the indictment contains 41 criminal counts. 98 pages long. this is not a small operation here. and you just take a 30,000-foot view back and you say, this is the fourth criminal indictment for a former president who is running to be president again. and the first trial, if it is agreed to, august 28th, would be january 2nd, 13 days before the iowa caucuses. >> trace: and as i read through the indictment, you pointed out who is in it and who is being named, and it points out that all of these are felonies. but on the first violation, which is a violation of the georgia rico racketeering influenced and corrupt organizations act, it's a serious felony and there's been a question brought up numerous times tonight whether rico charge is a basis to get this thing sped up, to get this thing in trial before the election happens. what is your sense of that? >> bret: well, i have listened to a lot of legal experts talk about the indictment and alan dershowitz and others said the ricoh can get you to the courtroom, can get into the crowd but it does not help you appeal perhaps sometimes falls apart. you have to look through all the specifics inside this indictment and we are just getting into the 98 pages. some reporting that they have some communications between trump legal team in the trunk folks with this breach of election machines in coffee county, georgia, that was never to get evidence about false claims. that could be one of the actions we are looking at. we're going to take into the 98 pages. but what we can say is that there are not just the former president, but you have a lot of other named people who are being charged here. >> trace: and before i let you go, we talked about this with some of the legal minds earlier. but you bring in the trunk camp in this and throughout the evening, they kept saying we have neck and -- gotten any documents. we have not gotten any notice and that is kind of unusual if you go to the rest of these four environments. the person being indicted for time to repair the other three, there was notice. he knew. he posted on social media that the indictment was coming and out the camp is saying, we did get any notice about this. >> bret: yeah, not a formal. but they did have a feeling that it was coming down. this is a different operation. this is a state operation. and we're going to hear going to hear from fani willis very shortly. she lays out this case. but this will lead to an arrest. the sheriff there says there's going to be mugshot which will be different than what we have seen in any of the federal cases. and that there -- they are going to play buy the book. however, if they do want to speed this up, you're going to have to give the defense a chance to make a case and to make motions to a judge. it will go through the similar process that we have seen in the other three indictments. >> trace: bret baier, back to you if the news breaks and we are awaiting that news conference. we were told it would be 20 minutes past the hour. it is almost 10 minutes past the hour. fani willis will address the media in about 10 minutes. is spinning inform the house intelligence committee national security advisor kash patel and article three is the mike davis. i mean, what kind of where we were talking there about this charge in here they noted on the indictment serious felony against all the other charges and felony and this one since serious felony. is in an effort to get this thing fast track? >> it is great to be with you and as a former president federal prosecutor, probably the only person who has been both sides of the aisle, this is a hatchet job by the full to carry the a and i remind your audience the fulton county is 90% inclusive of the town of atlanta which is an overwhelmingly majority district against donald trump. and i focus on a couple of things that came out in the indictment. one, the repeated mention of the word corrupt, corrupt, corrupt. well, they have stigmatized and made it illegal in state, to declare a federal election outcome result. that is a federal law violation that they have taken to a state court anyone else there saying that this does not have federal implications does not understand the process and the fact that they hijacked the court at 11:00 p.m. at night shows the urgency behind it. but more importantly, a rico case which usually does as is now being shown here, is a case that takes two to four years at minimum in state, to adjudicate and it shows you that they wanted the indictment out. there will be interlocutor tori appeals the president of's defense team should file starting with the legal disclosure of grand jury information. in all 50 states of the federal court, that is a felony for the district attorney or any court officer to disclose grand jury information prematurely or at all. which we have confirmed that they did to media outlets and other people along the way. so there needs to be an investigation by them and i'm calling on congress because as the committee staffer or the house -- and the former doj guy, i know that federal funding goes into these county prosecutors for the prosecution of crimes. and that is your financial nexus to get a reviewed by the jim jordan committee or comer committee or what have you for federal taxpayer dollars. and the intent requirement here is something that needs to be focus. in a rico case, when you say someone is being corrupt, the companies to be the objective subjective standard. our trip has said repeatedly he won the presidential election. he believes that family. in 2001 when hillary clinton center barbara boxer, speaker pelosi declared those elections unlawful and the outcome of those elections not the appropriate result, none of those people were prosecuted in the federal court. you are seeing a two-tiered system of justice in this 98 pages. >> trace: let's move on to you, mike davis. i was talking with brett about this earlier. the president's camp did not seem to be getting this information that the indictment was coming down today or tonight. and yet you had reuters kind of releasing what appeared to be an official indictment document on the court website, the court never said it was -- it said it was fictitious and now later today, the indictment comes down and they look eerily similar, make. >> this indictment is loud, wrong, and flawless and it is part of the democrat's l'affaire campaign and several different jurisdictions across america, several different -- across america including dc, new york, and a letter to take out president weld through the ecosystem because they fear they can't beat. the trip on november 7th, 2024. this is essentially alleging a conspiracy of 19 people violating 50 -- 41 different felonies for the -- presidential election which is allowed by the electoral count act of and twisting arms politically is allowed by the first amendment. i hope president trump was forwarded immediately with a motion to dismiss this lawless indictment. presidential immunity if he is acting within his presidential powers or if he is acting within his private capacity. he has the first amendment defense. >> trace: we got a the charges here. looks like 11 or 12 of the charges and then i want to put a couple of names on there. you have donald john trump, rudy giuliani, mark meadows, jeffrey clark, the list goes on and on. and i'm wondering why the long list. and why the number of charges. do you group them together? do you try them separately? what is the process here? and what can we look forward to in the days and months to come? >> this is a mess of a case. this will not hold up. this will not hold up under the law. if it is not reversed by the georgia courts. it will be reversed by the supreme court of the red states. the question is when, whether it is before the presidential election on november 7, 2024 or after but this is a shot and approached by a democratic prosecutor who is campaigning on taking out. the trip to the legal process. sheet set up a website. she is raising money off of this. this is a joke of a complaint. >> trace: back to you now, kash patel. is yours take same as it make? is it one of those things where you take, you got a lot of names on the list. what is the goal? do you put them together and you just told us earlier getting these cases in state, is a lot longer than in federal court. and it just takes longer. so what is the hope here with this case? >> the hope is that they have issued speaking indictment and as mike said, it is loud and lawless and it shocks when it waited. when you go to the underlying counts of the people, are we to believe that united states justice system in the state court system in georgia is going to indict counselors, lawyers, and legal scholars who are advising the president of the united states of his constitutional right, of free speech to challenge an outcome? that is the bedrock foundation of our society and our constitutional republic. are they going to start prosecuting and piercing executive privilege and attorney client privilege as they need to do to get this indictment passed muster? and there's one other thing that we need to focus on. this is 12, 14 defendants. if any one of these defendants request a separate trial because they have statements that cross model between the defenses of one or the other, then they have to be siphoned off, tried separately before hand before the rest even go. this is what we used to do, and heavy narcotics trafficking cases. human trafficking cases that i defended and prosecuted. and so we are now threatening to set the constitution on fire because a politicized government gangster in fulton county, georgia, want to take out donald trump and i think the american public has seen it in indictment one, two, three, and now four that president trump is a target. he is not an unlawful arbiter of the law. he is standing up for everyone's constitutional believes. and everyone is saying, whether i agree or agree with president trump, i should have that free speech right to say my boys about the election outcome. >> very quickly, kash, it is 19 people in the indictment. along with the charges, can you prioritize these in any capacity? >> uf -- you as a prosecutor have invited the defense is that all 19 individuals can break collectively. they can sign joint defense agreements. and that is just the instigation of the process. discovery comes in and every individual has a same constitutional rights even though he is a lead in this indictment because he is going to be the republican nominee. the amount of evidence that needs to be challenge is going to be so heavy for one defendant. now you have 19. >> trace: the clock is about 18 minutes past the hour. we anticipate this news conference will begin with the fulton county d.a. in one minutes and 30 seconds. we will see if the timeline holds up. back to mike davis because my question on all these things is, it is a lot of names. it is a lot of names to put in this indictment. and kash was laying out, it is a lot of names and retribution. my question to you is, is the hope of the fulton county d.a. that one or many of these people flip on the former president? is that kind of what they are driving at here? >> that is a possibility. i think the bigger hope is that democrats are sitting a very clear warning to republicans fo. if you dare to question elections in america, which you have been allowed to do up into this park, we're going to come after you. we're going to try to put you in prison. this is a very chilling indictment. it is more than -- it is only illegal to object to elections in third world texas hellholes. >> trace: as far as potential partners, this is set aside. a state conviction is a different animal than a federal election. is that a fair assessment? >> it is. and another georgia law. there's a statute that limits the ability to pardon and i think the legislature in georgia needs to amend that statute and give governor kim the ability to pardon in this situation because this is clear election interference. it is clear democrat warfare by democrat prosecutors where theyy are to have them, prosecutors, them, judges and juries and democrat hellholes decide the next presidential election instead of the american people. >> trace: it is one of those things where there's so much involved with this. back to you quickly, kash patel because the news conference, we just saw a couple of the staff people walk by. we anticipate fani willis will come out. you see the news media there is reready to go. it is 11:20. and they said at the news conference will happen at 20 minutes after the hour. so the question for you going into her is what does she have to make it clear? we saw alvin bragg do this, kash, a few months ago. it wasn't all that compelling. we have seen other prosecutors come out and their case was not all that compelling when they got before the microphone. if you were waiting to hear something, what would it be? how does she convince the american public that the justice system is not corrupt? >> she will try, but she will fail because she is going to out there. she is not going to have an original thought in her head because she has not had much. this is her hollywood isolation and weaponization of the justice system and she is going to use this speaking indictment and have the big news media come in behind her to carry her away for it. she needs to justify how a st state, official can come into a federal election and declare in a state, that a federal law has been violated regarding the challenging of election outcomes. and that constitutional right embedded in the fi first amendm, embedded in the president's executive privilege and embedded in the constitution for freedom of speech cannot be vitiated because a district attorney has chosen to politicize it and that it and that is in other point break all of this issues are not state, issues. the a federal court issues. this case no matter how long it runs will end up in federal court three, four, five years down the road. any convictions resulting in this case will immediately be challenge to the federal circuit court of appeals in the united states supreme court because it involves "corrupt activities of a federal election cycle." she is not the legal officer to adjudicate the decision. and this will catapult donald trump to the republican nomination and in my opinion the presidency of the united states. >> trace: stand by. i wanted to give our audience a red. -- roadmap. we are waiting for the fulton county d.a. to address the immediate. the former president's indictment. it is a little bit different. it might take a little bit longer, says kash patel, to actually adjudicate. and can it happen before the election? we're going to talk about that. and also the 2024 aspect, the president, the former president is leading in the polls in the gop primary by a long way. i mean, he is up by 30 points. 38 points in others. the kind of depends who you ask. he is up by a wide margin. we want to find out where he is going and what this all means. we have caitlyn jenner who played golf with the former president this weekend. given us some time about indications of how the president was feeling. was he aware of this? was he ready for this fourth indictment because everyone knew it was coming. if we can get life to matt finn who is live outside the courthouse. any information that you know of that is kind of tripping -- trickling out prior to this news conference? >> we have been reading to the actual indictments. we are getting much more first-hand information. the summary or the first-page introduction reads donald trump last veered states presidential election. trump and his other defendants knew this and refuse to accept that trump lost. they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election. here is the manner of the trump enterprise according to the indictment. there was a false statements to the state legislature. false statements and solicitation to the high-ranking state officials. there was a ledge creation and destruction of false electoral college documents. harassment and intimidation of the fulton county election worker, will be feeling. solicitation of the vice president and doj officials and unlawful breach of election equipment in georgia. we are assuming that is related to coffee county and ultimately an obstruction in cover up. those are the elements that the indictment alleges against donald trump and his enterprise including mark meadows, rudy giuliani and many of president trump's former attorneys. we are coming through the indictment right now and we will get back to you with much more information throughout the night. >> trace: matt finn, thank you. i want to i want to get back to bret baier if i can. the special report. i'm going through all the charges. i'm sure you are, too. we are up to 41. perjury in the last one. the violation of the coach arico racketeering influenced and corrupt organization act. i was talking with mike davis and kash patel earlier in case you were listening in on that and if fani willis -- we were wondering what fani willis was going to say. we saw this with alvin bragg. we have seen this a couple of others times. and a lot of the letters at least on the gop side had knocked those down, those news conferences, not being really worked, you know, not being the sales pitch they were intended to be. what do you anticipate fani willis will say? >> bret: first of all, she started this the earliest, february 2021. this has been a long building process. sheet -- it is kind of bizarre when you get to the end here after that thing we talked about midday and the reuters reporting and it shows up on the county website and then suddenly everything is sped up and now here we are. almost midnight and we are going to have a news conference. it is kind of bizarre timing of the whole thing. a do you want to talk, we talked about the charges but some of the other big names here also, i mean, you have rudy giuliani, trump attorney, former new york mayor. mark meadows, white house chief of staff. for president from. john eastman his lawyer that was talking about this particular effort to overturn the election. jeff clark, the top justice department official who was set to take over potential for bill barr, june ellis. other names on here, sidney powell, who obviously was a trump lawyer during that time. other gop officials from georgia and publicist. you have 18 people including the former president facing these charges. and the specifics in here is really what i was trying to -- as you all were talking. to see how it and what -- because part of the rico is that you are going to have two, three, four criminal acts that you're going to sprint together in a narrative that is going to paint a picture of the conspiracy to overturn the election. and that is what those charges do. wet backs up those charges and how you make the case in court is likely what is going to be laid out tonight in the first public statements. >> trace: and i wondered politically, bret, because so far, i mean, this is only giving the campaign juice. he has three indictments and every time he is indictment, intense to kind of infuriated his supporters more and more and they have become more important and they stand behind him even more and i'm wondering, this just appears to be kind of part and parcel of the bigger picture of people saying, listen, there's a two-tiered justice system here and this just gives us more reason to stand behind donald trump. >> bret: there's a lot of that, trace back a lot of trump supporters who are more fired up because of this. they take that the biden administration administration, democrats are going after him for a specific reason because he is the guy that can really shake things up. you still hear some of the other candidates making the case and effectively in some circles that hey, listen, i'd like trump policies as much as the next guy. you don't have to you don't have to have the chaos and the wreckage. but more and more you are hearing people in the middle-of-the-road who are ready to not vote for trump saying, wait a second. i'm sympathetic to the sky because they are given him enough charges to put him away for thousand years. why is that? one of these those with these cases look like? when some people dissect them, didn't see as much there. there's two sides of the coin. and i think it is tough in the general election to imagine that independent voters and suburban women are going to look highly on, you know, all these charges and indictments. but. but we will see how this plays out. it is going to play out real time in a surreal way during this entire election. >> trace: we see just come in, i will stop you if fani willis comes to the podium. but as it plays forward, you talk about different reactions. what about the candidates themselves? ron desantis has come at many times and said, this is not just his. and the other candidates have supported him as well and it seems like every time they come out and support him, they tend to drop a couple of points. you had mike pence come out and say things in favor of these indictments and so you wonder how the candidates are going to handle the fourth indictment. >> bret: i think that is a fascinating part of this election. because the gop primary at large looks at this as unfair and -- at some level. how to other candidates talk about that but also distinguish themselves and say, but i'm the better person to run for president in the general election. and i think it is tiptoeing through the tulips because they want to side with him on the two-tiered systems of government and justice. but yet say you don't need the chaos and the person, the man or woman that can take the reins and it is going to be a factor in next week's debate. whether the former president is there or not but he will be there in essence because this is part of this gop primary. into one of the book is clearly it is going to the with all of this and how it affects the people on that stage. again, he is in milwaukee where he is not. >> trace: and the fact that they are trying to fast-track the case. they are slow walking the news conference. i just want to stand by. i want to bring and caitlyn jenner very quickly if i can because caitlin played golf with the former president this weekend and we are waiting for the press conference. former president's monk said. clearly he knew this was coming. and i'm wondering if there was some anxiety there a little bit were just another day. >> it did not show because his team beat my team. so that is not good. president trump, i love being around him. he is the nicest. he is a gentleman. he is so nice to people and he was exactly that way. he has obviously been through this before. and he is just a wonderful person, to hang out with. by the way, on this list is -- is my name on that list? >> trace: not yet. >> they are working on it. but he is just a wonderful human being to be around. and you know, i am a proud american. i love this country. i am the child of a world war ii veteran. i grew up a patriot. i was the first person to pick up a fight at the finish line, the good u.s. of a, because i was so proud of my country. i have to say watching others come down, this the first time i have ever been ashamed of my country. and what is going on. we look at elections in venezuela and other races in the world, these third world countries and we are turning into that. we are turning into that cou country. and that is a shame because this indictment is yet another sham. we have been through this before and in order to defeat the leading political opponent to joe biden and he is the former potus. donald j. trump. and in the past, his numbers have gone up and i just hope people are watching because we have not let them prevail. if we do, we are done as a country. we are done as a country. we have weaponize the judicial system in the united states. i think right now, i was listening today. and this is how many indictments we have had. as far as the cases, it is like 117 cases. it is ridiculous. nobody else in history. and these things happen to and a half years ago. why are they bringing them up now? this is the weaponization of our government. and it is a shame to see it happening here in the united states. >> trace: time is a very big factor because a lot of people, the gop, a lot of trump supporters bring up the fact that this case could have been brought a couple of years ago and maybe be done and said and we just want to know we got a one-minute warning. when manigault. we are still running a little bit. >> and i just wanted to say, another people are seeing the out there. they are doing it over and over again. they are seeing with the democrats are all about. and the weaponization of our government. donald trump has taken the heat right now. to be honest with you, the next person they coming after his the people right there on the other side of this tv. there to come after you if they can succeed. we have to change this around. we are at a turning point in our country. and we have to elect the right people. >> trace: the people have said they have already come after us. they said, what you read things like the twitter files, x, formerly twitter, the twitter files and is he the government coming in kind of trying to guide the covid narrative, kind of trying to censor different things. so and allowed people's estimation, you have had the fbi, and organizations from the top of government down already censoring. >> this has been going on for years. we are just learning about it because they are more open with it. the democrats and the left, they are not holding back anymore. i mean, in the old days, it was all very secretive, you know, behind the curtain things that were going on. now they are right up front. look at this. another one today. these have been 2 1/2 years ago. this is the weaponization of our judicial system to go against a political opponent of joe biden. and that is all there is to it. donald trump has taken the heat. and i hope people realize that because the next month they are coming after it, if win this they're going to keep go going o the line and they are coming after you eventually. and donald trump is standing in the way. and i have supported him in the last -- the last time he was president, i supported him. >> trace: we are a little bit late for the news conference. the president this weekend, clearly, his golf game was spot on? and so it is not a simple task. >> no, he played pretty well. and he was gracious to ever everybody. >> trace: enough plaster. >> he is donald trump. he gets out in the public. i know he had to leave on -- what was it, saturday. he was not there because he was in iowa. you see him there and he is happy with everyone, signing autographs. he is honestly, i really love the guy. and he did a phenomenal job the first four years. i think he got a raw deal. i support him. and a lot of people i know, i hope they see through all of the fog that is out there right now and get behind donald trump. >> trace: here we go, the news conference is about to begin. let's listen. >> district attorney willis: tha nk you for joining here. i'm here with the prosecutors and investigators who have worked diligently on the investigation of criminal attempts to interfere in the administration of georgia's 2020 presidential election. today, based on information developed by that investigation, a fulton county grand jury returned a true bill of indictment charging 19 individuals with violations of georgia law, arising from a criminal conspiracy to overturn the results of the 2020 presidential election in this stage. the indictment includes 41 felony counts and is 97 pages long. please remember that everyone charged in this bill of indictment is presumed innocent. specifically, the indictment brings felony charges against donald john trump, rudolph will do a lewis giuliani, john charles eastman, market rental metals , josh jeffrey clark. jenna ellis, smith the third, robert david shealy, michael a roman, david james schaefer, sean may, tricia steel, steve and cliff guard we , harrison prescott floyd, trayveon c, sidney kathryn powell, kathleen austin latham, scott graham hall, and misty hampton also known as emily misty hayes. every individual charged in the indictment is charged with one count of violating georgia's racketeer influenced and corrupt organizations act through participation in a criminal enterprise in fulton county, georgia, and elsewhere, to accomplish the illegal goal of allowing donald j. trump to seize the presidential term of office beginning on jan january 20th, 2021. specifically, the participant in association took various actions in georgia and elsewhere, to block the county of the votes of the presidential electors, who were certified as the winners of georgia's 2020 general election. as you examine the indictment, you will see acts that are identified as overt acts and those that are identified as predicate acts. sometimes called acts of racketeering activity. overt acts are not necessarily crimes under georgia law in isolation but are alleged to be acts taken in furtherance of the conspiracy. many occurred in georgia. and some occurred in other jurisdictions and are included because the grand jury believes they were part of the illegal effort to overturn the results of georgia's 2020 presidential election. the acts identified as predicate acts or acts of racketeering activity are crimes that are alleged to have been committed in furtherance of the criminal enterprise. acts of racketeering activity are also charged as a separate counts in the indictment against those who are alleged to have committed them. all elections in our nation are administered by the states, which are given the responsibility of ensuring a fair process and an accurate accounting of the votes. that includes elections for presidential electors, congress, state officials, and local offices. the state's role in this process is essential to the functioning of our democracy. georgia, like every state, has laws that allow those who believe that results of an election are wrong, whether because of intentional wrongdoing or unintentional error, to challenge those results in our state? the indictment alleges that rather than abide by georgia's legal process for election challenges, the defendants engaged in a criminal racketeering enterprise to overturn georgia's presidential election result. subsequent to the indictment, as is the normal process in georgia law, the grand jury issued arrest warrants for those who are charged. i am giving the defendants the opportunity to voluntarily surrender no later than noon on friday the 25th day of august, 2023. i remind everyone here that an indictment is only a series of allegations based on a grand jury's determination of probable cause to support the charges. it is now the duty of my office to approve these charges in the indictment beyond a reasonable doubt at trial. i would like to take a moment to thank the superior court clerk, chez alexander, and her staff for staying late and making sure that this indictment was process. i would also like to thank the men and women of the office for keeping the courthouse open but most importantly for keeping us safe over the weeks and months that have led up to this indictment and for what i know they will continue to do, to keep us safe. we also want to thank the atlanta police department and other law enforcement partners who have worked with the sheriff to keep us safe. i will now take a very limited number of questions, prior to going to sleep. [laughter] >> reporter: i will go first, if you don't mind. 11 alive. can you clarify if georgia, the mandatory minimum, whether probation or how that might play out. >> district attorney willis: the rico charges is time that you have to serve. >> reporter: what is the timetable for trial? >> district attorney willis: wha t is the timetable for the trial? as you know, trials are set by the judges and so it would be at the church that sets the date of the trial. this office will be submitting a proposed scheduling order within this week. that will totally be at the districts -- discretion of the judge. >> reporter: with a jurisdiction out to indict donald trump, could you move it up? do you want to be the first to try him? >> district attorney willis: i don't have any desire to be first or last. i want to try him and be respectful for our sovereign states. we want to move this case along. so we will be asking for a proposed order within the next six months. >> reporter: earlier today, there was a section to -- fictitious document that was circulated online. the charges against former president donald trump. that fictitious document matched exactly the charges that we are seeing in this indictment. can you tell us more about that document leak because now you have the former president's lawyers who are saying this is emblematic of a serious problem with your office. >> district attorney willis: i can't tell you anything about what you refer to. what i can tell you is that we had a grand jury here in fulton county. they deliberated until almost 8:00 if not right after 8:00. an indictment was returned. and we now have an indictment. i am not an expert on clerks duties or even administrative duties. and so i'm not going to speculate. next question. >> reporter: have you had any contact with the special counsel about overlap between these cases and do you intend to try all of these defendants together? >> district attorney willis: do i intend to try them together? yes. >> reporter: and have you had any counsel -- contact with the special counsel? >> district attorney willis: i won't specify. >> reporter: have there been any conversations? >> reporter: this is a politically motivated indi indictment? >> district attorney willis: i make decisions in this office based on the facts and the law. law is nonpartisan. that is how decisions are made in every case. this office has indicted for over 12 of those 12,000 cases. this is where we followed the same process. we look at the facts. we look at the law. and we bring charges. >> reporter: any conversations about the terms of surrender? >> reporter: did you try this yourself? >> reporter: get down. >> trace: one of the questions that she would not ask was a part of about this indictment that appeared on the fulton county government website that was also broken and posted by reuters and the county came out and said that was a fictitious document and to ignore it and as one of the reporters mentioned there, the actual document that came out earlier this evening actually matched that document. i want to bring in the anchor, special report with bret baier. what did you hear? did you hear anything unique or significant from the fda? >> bret: a couple of things, trace. one is that she wants everyone in this indictment, again, that is 19 people, the former president and 18 others to turn themselves in by friday, august 25th and that is, and that is, in or, two days after the debate in milwaukee. so we will see how that goes. the other thing is she wants a speedy trial and she wants this trial within six months. now, let's just do the math h here. september, october, november, december, january, february. that is right in the middle of the primary carcass season. and it is a judge that makes the decision. i think the most interesting thing is the thing he just pointed out and that is the question about this document that ends up being posted midday. reuters gets a grab of it. they do a story. the former president appears to have been charged because it is on the fulton county? website. then the clerk comes out and says that is a fictitious document. don't go with that. does not explain how it ends up on their website. she won't answer a question about it saying she does not understand how clerk duties work. but it is the exact same charges as the charges, the grand jury voted in through voting form to go forward with. now, how would they know that those are the exact same charges and the grand jury would vote how they voted? that will be a source of much discussion in the trump legal camp i'm sure. but she thinks she has the racketeering charge and she wants to try them all together which is also interesting. >> trace: you have 19 different sets of attorneys and you have all of these charges and who are trying to get this thing within six months. it seems like a bridge too far but going back to the thing, as you noted, it was before the grand jury voted. of these charges were up on the website before we actually knew that the grand jury voted to indict. the question becomes, we are not getting the honest story from somebody. >> bret: yeah. and she calls it clerical error. she does not know how the system works. of course she knows how the system works. it is a system she deals with all the time, of how a grand jury delivers these documents how it is recorded and processed and then it is unsealed as she talks about it. she knows exactly how it works. so this is a question to is going to continue of how that happen during the day. the bottom line is the bottom line. the former president of the united states, the 45th president of the united states now has been charged four times. four indictments with now about 90 plus individual charges against the former president. two, you see the charges in this particular case. it stands around the 2020 election and there are different elements to this. there are different so how they make their rico case. but there are a lot of people that are trying to punch holes in this picture with bret baier, thank you, sir. i want to go back to kash patel and mike davis. if you gentlemen are still with us. i want to know your thoughts because the whole concept is 19 individual, she wants them all tried together, 1015. and she wants this done within six months. what do you take? >> that is a constitutional bars and illegality as a former president -- who has defended cases involving 10 and 20 defendants. there is this thing where everyone different -- defendant is using a statement against another defendant, in that case has to be split and tried separately. all 19 can go separately. or there be a combination of the two. either way, there is no way under the constitutional rigors of due process to get the six can to get this. the fulton county d.a. just made the representation to world. she just lied to the universe. as the district attorney, your name, your stamp is on every single indictment. you do not have those copies of indictments floating around and blame the clerical system and the judicial officer in the clerk's office for a mishap. she just said she has no idea how that indictment was presented and posted online. she just lied to the world. that i should tell you everything you need to know about her weaponize's system of justice, her personal animosity toward donald trump, and the destruction of due process and the continued election rigging that goes on the state level. it centers around atlanta, georgia, it is fulton county must -- must investigate and subpoena her immediately for lying to of the world and that phony indictment is put up. it was done with her approval through her hands and through all of her assistant district attorney. she is responsible. she just lied to the world. >> trace: mike davis, something kash left out that he would like to expand on? >> i would just say this. jack smith and fani willis waited 30 minutes to bring these bogus charges against printed trip. now they both want to rush to try president weld with these complicated factual cases. they are easy legal cases. but factual cases where there are a lot of witnesses. they want to rush to the tribe. the trip within the next six to eight months. happens to be during the presidential election. this is obvious election interference by democratic prosecutors to take out president trump before the 2024 presidential election. i will also know that fani willis refused to say whether she is cooperating with the biden justice department including jack smith. obviously cooperating obviously clued into takedown trump. >> trace: and kash touched on it a little bit earlier. every individual charged with one count, mike, what is the difference? you said simply overt. what are we dealing with here. >> we are dealing with a legal to here. she is coming up with an organized crime theory to there after president trump and his lawyers and other advisors to try to decriminalize the political process. that is what that they are going here. and again, this is not just about 2024. this is a warning shot to republicans that if you dare question elections, democrats are going to unleash the full force of the criminal prosecution, the criminal system they have, that they are going to unleash it against republicans who dare raise questions about elections going forward. >> trace: yeah. mike and kash, stand by. i want to bring in lee carter because she is kind of our other election voting polling expert in this. and i'm looking for fallout as you go down the line because i think it is fascinating you move forward and i touched on this with bret a little bit earlier. as you move forward, it seems and caitlin was kind of so kind to stay with us -- us and points this out. every time they read this thing and people tend to be underwhelmed by the actual appearance of the d.a., the former president's numbers just keep going up. what do you think? >> it is definitely what we have seen. when all of the started with the manhattan indictment, trump's polling was about 30 to 40%. we have seen an increase in his polling numbers between 14 and 18 points. it is somewhat counterintuitive, but it starts to make sense if you look at the numbers underneath it. eight in 10 americans right now believe that there's a two-tiered system of justice that is meant to benefit one side over the other. 80% of americans feel government is not there to fight for them. only two in 10 americans trust the department of justice in this moment. what we're seeing unfold in front of us is not people saying that i'm not sure what i believe about donald trump. they are saying i think there's something about this that is really unfair and not right and 18% of republicans are more likely to consider donald trump as president today than they were before the indictments and it is about this issue of feeling that government is only one excited at this park. only there to protect one side of america, not both sides and there's a huge rejection of the notion of unity that the democrats are enforcing that is not what is happening. >> trace: and it is interesting. we talked about the whole concept that earlier, a piece of this indictment appears to have gotten online. it was on the clerk's website, the .gov website. and they came out and said, no, ignore that. that document matched the actual indictment. but the document earlier was actually processed and put out prior to the grand jury voting to indict and that is the key thing here because you talk about fairness and you talk about talking to people about these issues. everyone is going to be thi thinking, that does not seem right. >> and when we saw that, it raised a lot of questions. when you think that 86% of republicans right now are saying that they believe that these charges against trump are politically motivated, and then you see this kind of activity happened, just reinforces that belief. and it is going to be hard for anyone to hear anything beyond that or trust anything that i have to say because they are going to look at this and say, it was predetermined. the legal system is rigged. and that is what people already believe and it is going to be really hard to shake that. and so many people are allowed to criticize. it is really important that people do understand that this is where we are as a country. we do not trust our government. we do not trust the systems of government that are meant to keep us safe. we don't trust the department of justice. and in particular, republicans are really ready to fight back. 70% of republicans say they want someone in a leadership position who is going to fight to take this country back from the ruling class elite and many people believe that right person is donald trump despite all of these indictments, despite all of these charges and despite all this activity. >> trace: and i think it is a fair assessment, caitlyn jenner, to you, i was talking to a friend of mine who leans left, says some of this stuff that comes out of the doj and the fbi, the things we have seen in previous years, it is not proper. it is not proper. >> they have already watched it. you could say earlier about this week before hand and some of the things that came out from that. they have already mess it up. they wanted to get this out very quickly. they want all the attention on donald trump instead of the biden crime family. i mean, things are coming in now with the biden family, or just horrible. the amount of money that they made. look at it this way. donald trump was present for 4 years. he never even got paid. he took his salary, the president, and donated it to the veterans organizations. that is the type of president i want. not somebody that is in there scamming the system, making money on the side like the bidens. it is clearly coming out right now. like the bidens have done. donald trump is a standup guy. it is a shame to see when our weaponized judicial system here in united states is doing to him. i'm ashamed of it. it is horrible. >> trace: caitlyn jenner, thank you so much. to update you here, we are continuing coverage of breaking news for one more hour because this is a big one. this is the fourth indictment against the former president of the nine states. this one brought in a state,. in essence it is one more indictment and a long list of charges and we will continue the coverage right now. top of the hour, breaking news continues here on fox news channel and president donald trump has been indicted in fulton county, georgia. he is intended for the fourth time, this being the first state indictment. we want to prove in matt finn because matt has been outside the courthouse covering this. matt, what are you hearing? we heard from the d.a., fani willis. she was kind of not willing to answer the question that you brought up a few times tonight, which is about the document that apparently leaked out early and she says she is not quotin