indictment and less than 250 days to state cases brought by special counsel, is this a once every quarter millennial occurrence or is this the new political norm, some on the right believe this is election interference in his weapon eisinger justice system, overzealous prosecutors with their relentless pursuit of the former president. those on the left believe it is a plot to change election results, to avoid a peaceful problem power, using the power of the presidency to pressure others for personal gain. a recent poll asked americans whether they believe former president trump committed crimes, this pool like seemingly everything else in life was broken down by political affiliation, the results were equal parts fascinating and disquieting. not a single witness has been examine or cross-examine that a single document or exhibit tested probed or challenged there's been no opening statement or jury instruction all along. let's be candid, most americans do not know the law all or the elements of the offenses for which the former president has been indicted, how would anyone feel comfortable passing judgment on guilt when there has been no testimony. no witnesses no elements no examination how can you inculcate or exculpate someone when you don't have the law or the facts. but that did not deter. the overwhelming majority of respondents did have an opinion on guilt. my question is based on what. if we haven't seen the evidence and heard from the witnesses and we have experienced the examination and cross-examination s what precisy with the vertically based on, have we reached a point where the identity of the defendant is all we need to know to apportion culpability. is it still possible for our friends to be wrong in our opponents to be right? is it still possible someone we like or support did in fact violate the law. is it possible 70 we intensely dislike is presumed innocent and that presumption actually means something or have we reached the point where the only evidence needed upon which to base a verdict is personal preference in the political identity of the defendant. joining is now former assistant general john yoo and former federal prosecutor charles eisenberg. the defendants are also making their appearances in georgia, jack smith left the conspirators unnamed and the district attorney of georgia did not, why the difference? >> the district attorney in georgia is ethically challenged maybe, you shouldn't be listing on any unindicted co-conspirator of the dykman. the co-conspirator in georgia, my understanding they have been indicted, that is an important difference. she's done a lot of things that the federal prosecutions have not done and i have a problem with the idea that the state prosecutor going after president or a former president, particularly in this case were so much of the activity alleged has to do with classic political speech. trey: professor, i want to follow-up on his point, whether or not you anticipate superseding indictment with special counsel where there are other codefendants. georgia has 20 people charged and i know they call it rico, but for our purposes it's a conspiracy, due in two separate special counsel indicting more folks or is this it. >> i don't right now. to your challenge, can we judge whether president trump is guilty or not regardless of whether we like him or agree with what he did were not, personally i do not like what happened on january 6 and i wish president trump would've exercised better stronger leadership in stopping attacks on the capital. however, i think both the january 6 special counsel indictment on january 6 and georgia state da has missed charge this case in a way that makes it unlikely that president trump will ever be convicted. for example we question january smith with jack smith a special counsel, he should if he believes president trump is some way responsible should be charging president trump with insurrection. should be charging with should dishes conspiracy. instead i think he has charged nero crimes which are used for white-collar business and security cases like attempting to defraud congress, defraud the united states, attempting to obstruct congress. these are laws that the supreme court has cautioned prosecutors not to use in a way that interferes or tries to regulate politics. at the same time the georgia case is overcharged, she is charging a political campaign would be in a criminal enterprise started on the day of the election and running several months into president biden's time in office. that is a serious threat as the first amendment, our free speech and the right to political organizations to campaign for office. trey: we have this intersection of the criminal justice system in politics. let's see if we can set the calendar, do you anticipate any of the criminal trials actually going before a jury before the 2024 presidential contest? >> i don't. >> it's hard to predict state law cases buddies got basically for criminal prosecutions against him, he has an absolute constitutional due process to prepare a defense and he has the four cases at least a couple of civil cases that i'm aware of and of course he's campaigning for office and the courts will get the least amount of the difference to that fact. there is no way that i think in fairness that he can prepare for all at once. one point that john made that is very important. if her all upset about january 6, charge the crime if you can. i think both jack smith indictment in d.c. and the georgia indictment of fadi willis. both of them are overcharged. the georgia indictment is far worse but jack smith overcharged as well. he could've charged on obstruction of an official proceeding, the law has not been completely settled on that with the case law that is the strongest for for he has a stror case, the former president has more to worry about and he has a hostile judge but they're both overcharged, cut to the chase of a january 6, go after that. >> professor before i let you go my wife tells me sometimes i'm not a whole lot of fun to be around. maybe she's right maybe it's more fun to guess who's guilty and who's not before you hear any evidence or listen to any witnesses. maybe i'm old-fashioned, maybe watched some of the trial before you make up your mind or have i lost my mind? >> your spouse shares the same opinion of every spouse of every lawyer in america. but seriously i think that is why we are focusing on the law. before you hear any witness, before you see counter cross, before you see how a jury reacts, you've got to decide whether the facts fit the law. >> you and sol wisenberg, lucky to have two legal minds to navigate us through the next 12 or 18 months. thank you for joining us on a sunday night. >> thank you for having us. >> debate number one is in the books. many of you tuned in, what did you think and what would you do differently next time around if you were a candidate. we get to hear from one of the participants who may very well do things differently next time around. we will have to find out senatot tim scott is nex ut on "sunday night in america". it's formulated with ingredients clinically shown to protect your ears from dizziness, ear ringing, and even hearing loss. never miss a moment with lipo flavonoid. here's why you should switch fro to duckduckgo on all your device duckduckgo comes with a built in engine like google, but it's pri and doesn't spy on your searches and duckduckgo lets you browse like chrome, but it blocks cooki and creepy ads that follow you a from google and other companies. and there's no catch. it's free. we make money from ads, but they don't follow you around showing the millions of people taking back their privacy by downloading duckduckgo on all your devices today. trey: will come back to "sunday night in america". debate number one is in the books. wisconsin was uncharacteristically hot on debate day. it got even hotter on the debate stage. governor nikki haley tangled with vivek ramaswamy. vice president mike pence tangled with vivek ramaswamy, governor chris christie tangled with vivek ramaswamy. i see a trend developing. mr. ramaswamy and new comer gave as good as he got, there were memorable moments for all candidates. each candidate left the debate stage with something he or she could point to. the moderators in my judgment were fair and balanced and equal but the talking time was not. some candidates dominated while others made the mistake of playing by the rules and tried not to interrupt. meanwhile donald trump maintains a commanding lead in national and state polls. how do you keep your eye on the opponents with who you share a stage while also trying to reel in the front runner. how do you stand out in the field of eight without interrupting and picking fights and what is a fair critique versus an employee for attention. most of us will never be on the stage debating running for president. but we can live vicariously sue someone who is. joining us now from the great state of south carolina senator tim scott. senator, i am not great with math, you know that, i added up the time, i saw summary of the different talking times that the candidates had. you were third from the bottom in terms of talking time. some of your opponents had almost five minutes longer than you did. five minutes in front of 12 million people, how do you as a candidate decide when to follow the rules, went to respect what the moderators are trying to do and when to say i get to do what everybody else is doing and blow through the stop signs. >> that is a great question. it was answered the next night in new hampshire, i did the town hall with a couple hundred people in the first four or five questions was don't you yo-yos know the more time you spend yelling at each other, the more likely you are to elect joe biden the two groups that benefited the most from the food fight on the stage, the media who loves to see republicans attack republicans and joe biden's campaign. trying to be the adult in the room does not get you more time. actually insulting were people and having less to say but sadie really loud get you more time, more points but it actually improves the chances of joe biden be the next president of the united states. trey: i won't give you one other observation. i think people mistake decency and kindness for a lack of resolve. sometimes people confuse fighting with being cruel. is there a place for a happy warrior and modern-day politics, can you be a rule follower, be fair in your critiques and still be successful in politics? >> absolutely you can, as you know i grew up with really tough neighborhoods, you have to be tough to get out of the neighborhoods that i grew up in. the question i keep asking myself, is tough enough? for the republican party the answer is clear, we lost seven out of the last eight national elections in 2022 was a disaster. if tough and loud was enough we would win election after election after election but our results have unfortunately been the exact opposite. i think it is time for optimistic positive message anchored in conservatism with a backbone. the more you push me the tougher i get. that is good news from my perspective for the next president of the united states without look forward to more conversations, more opportunities to talk about the issues that people in iowa, new hampshire are talking about. they are talking about every county you know border county because our southern border is unsafe, insecure and wide open. they want a president more concerned about saving 70000 lives from fentanyl in a single year then having a food fight on the debate stage. they want a president hu will back the blue and stand toe to toe with china. it is not the strength of china that is a problem. it is the weakness of joe biden in the american people, ask the question who can get the job done. the answer is tim scott. you can go to vote tim scott.com to chip in and learn more about my candidacy. >> let me ask you about an issue that is important to many gop primary voters. there are differences of opinion. i cannot speak for anybody else watching but the gop position on life confuses me. for decades it was let the states decide and now it seems like the position is to let some of the states decide but let the feds decide. am i right that there are differences among the eight of you on that stage including president trump on the issue of life into the differences make a difference? >> the loudest voices in the debate with the quietest voices on the issue of life. protecting life on the federal level with the 15 week limit is america's best interest and reflects our declaration of independence that says our creator gave us inalienable right including the right to life. if we are going to allow california, new york and illinois to have abortion on demand up until the day of birth, shouting from the mountain tops about issues that do not matter and being quiet like a church mouse on the debate stage on the issues that are relevant to our primary voters and frankly to a party based on freedom to deny the freedom and not stand for life as three as the candidates did on the debate stage, that is shame and shouting and screaming about nothing and then being quiet about something does not reflect the kind of leadership that will get the job done. trey: i will let you go with this, i think the next debate is on the bottom. my calculation, you were third from the bottom and five minutes behind the front runner. will tim scott reclaim some of that five minutes and feel the flame a little bit level in california? >> there is no doubt i will. number two, what i learned during the debate that following the rules is a good thing that everybody is following the rules, the really bad thing if you want to talk about the issues, don't listen to the little bell when it goes off, run right by you and continue to talk, not shout but talk about the important issues facing the american people, we should've had 30 minute conversations about how the biden economy is devastating american families instead of doing that it was like we had a rap show up there led by a candidate. talking about the devastation of the loss of thousands of dollars of spending power, we had name-calling between the candidates instead of talking about the devastating impact of a mental health crisis on our country we had conversations about so little. trey: china is officially working on the weapons of tomorrow, what is the state of the u.s. military today. representative mike gallagher and former state department spokeswoman morgan otay get joins us next to talk war and peace. after advil. feeling better? 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congressman mike gallagher shares of select committee on china and he joins us now. if you could post, who knows, you may be a debate moderator one day. if you could pose a direct question to the candidates on china, what with the question be? >> the most important question is what is your plan for determining china from invading taiwan in the next five years in your first term as president, you are likely to be faced with the fourth taiwan strait crisis in a make the previous three in the crisis in ukraine look like child's play. what is your plan? the candidates need to go a few layers deeper than state peace through strength, the military is good, et cetera et cetera. they need to articulate a compelling vision with how they will succeed with their predecessors have failed. even in the trump administration despite throwing billions of dollars at the problem we didn't meaningfully enhance our forced posture in the most important theater in the indo pacific where it matters the most. we did not search hard power west of the international dateline. i think it's a big opportunity for someone to take up that question, answer compellingly and into connected to the concerns of average americans. people that live in places like green bay wisconsin. why does it matter to them, why would it be a disaster without china to continue the aggression take over in the pacific and ultimately the world. that's a question has been asked yet but there is a lot of time left. trey: let me ask you this congressman, have you heard even if it's unsolicited a candidate put forth a plan for combating china, you mentioned the military but manufacturing, pharmaceuticals, energy, spheres of influence. have you heard a candidate put forth a plan that you thought that is a fulsome plan that you laid out? >> of a disinterest put forward a brands of economic plan that was really in the context of how do we push back against china's economic warfare against the united states. i like the framing and i like what was in the platform and the fact that it was comprehensive. i think he deserves credit for that. similarly nikki haley has talked about china, she gave a speech about china that was in the reagan model, peace through strength so i hope each candidate has to do the homework of putting forward a printed plan on china. the issue right now is maybe a little bit operational or tactical but the really important. how do you feel about american money flowing into china because we continue to increase america's dependency on china because were allowing american money to investing companies that are building aircraft carriers, building artillery shells, nuclear technology. our investigation of msds blackrock has revealed that that's happening now and also the issue of tiktok. i know it's faded in large part because of a big lobbying effort on behalf of tiktok. but it's an important issue. the concern that we allow a ccp controlled in enemy to be the immediate platform which strikes me as a bad idea. the candidate should be asked about that in a bigger issue cross-border data flows with little coherent regulation right now. i know it's a complex issue but these are the complex issues we ask our commander-in-chief to take a position on a deal with. trey: we only have 30 seconds but i've got to ask you this one question. when we hear candidates talk about ukraine and whether or not the united states should provide arms so ukraine can defend itself. is that a foreshadowing of the candidate's position on taiwan? or is there an argument that we let ukraine's and for itself but working to get tough if china moves against taiwan? >> summer make an argument it's either or proposition that every piece of artillery that we send ukraine is something we cannot use in taiwan. i don't buy that because is largely different weapon systems that steak. hearken missiles are useful in taiwan than they are in ukraine. more to the point that ukraine has revealed that the defense industrial base is too weak right now. we need to take advantage of the moment to rebuild the arsenal of deterrence to replenish our stockpiles in key munitions system so we don't fight herself in a conflict in taiwan like that in ukraine. ukraine should remind us of nothing also the cost of war and what happens when we allow deterrence to fail. i view them as connected but it's a fair question to ask all the candidates. trey: one of the brightest young minds and the republican party. congressman, now chairman mike gallagher from the great state of wisconsin. thank you for joining us on the sunday night. if you are like me, your mom warned you about who to hang out with, uber friend, vladimir putin would've been on her list of people to avoid but he was not on the list for wagner group leader f prigozhin because he is now dead. he was in a plane taken down by putin such as the life of a mercenary. such is the nature of vladimir putin, joining us to discuss the death of a political military friend and foe of vladimir putin is morgan ortagus. i am sure russia will claim mechanical air, windshield or turbulence but i think the smart money that putin took the plane down, right? >> definitely not a windshear although that would be comical if they said that. these two had a friendship for a long time. prigozhin started the wagner group back in 2014 in the purpose was really for russia and putin to have this private mercenary army that they could deploy around the world to wreck havoc around the world and really kill civilians and get away with it. what do we see for the wagner group in syria, they were responsible for the death of at least ten of thousands of civilians not enemy combatants but actually civilians and putin thinks is able to say this is a private army this is not the russian military which no one bought. in fact i would remind her audience, the only time the americans have had interaction with wagner group is when trauma gave an order in 2018 and we killed anywhere from 200, 300 of the mercenaries when they crossed us in syria. trey: what do you think it means for the war in ukraine because russia as you laid out using the wagner group in ukraine for certain purposes at least they were until there was a breakup between prigozhin and putin, doesn't mean anything for the war in ukraine that the wagon group is upset for putin for killing their leader? >> certainly, prigozhin had a status as the leader of this mercenary army. so there has been a lot of questions of where will their loyalty go, one of the reasons there was an uprising, up, up attempt to identify his name that putin that prigozhin was beefing with. but regardless, it happened. so you have these people most of these mercenaries in africa right now because that's what of the things that prigozhin always did, he is a progressive dictator. and you mercenaries to slaughter and kill innocent civilians, a lot of them are in africa and the lot in belarus. some of the fighters were actually the only fighters that it been really affected and russians were in ukraine. i think it is very telling that you and i tonight are talking about putin had off to his best friend and the leader of the mercenary army and were not talking about how russia has taken over key or large parts of the country. that is not where putin is expected to be in 18 months. he took out not just prigozhin but the top leaders that were with him on the plane. putin has a flair for the dramatic he likes to make statement and vindictive and he made a statement with the plane crash. trey: morgan ortagus reminding us that when people repeatedly trying to tell you who they are and what they are about in the character, basically you have to pay attention and putin has been telling us for a long time whether poisoning people are pushing them off a cliff or in this case taking data plane. thank you so much for joining us. >> thank you. >> up next after two years america left afghanistan, what remains of two decades worth of sacrifice. representative mike garcia joins us next to discuss. that starts working in 30 minutes, while other allergy sprays take hours. with astepro's unbeatably fast allergy relief you can astepro and go! ♪ ♪ start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. we, the first generation of moms to lose our kids to social media, are sick of waiting. for 25 years, there's been no new laws protecting kids online. while our children are dying. we can pass the kids online safety act. join us. join us. join us. join us. ♪ let's lead the way. i suffer with psoriatic arthritis and psoriasis. i was on a journey for a really long time to find some relief. cosentyx works for me. cosentyx helps real people get real relief from the symptoms of psoriatic arthritis or psoriasis. serious allergic reactions and an increased risk of infections or lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. i move so much better because of cosentyx. ask your rheumatologist about cosentyx. >> woman: why did we choose safelite? >> vo: for us, driving around is the only way we can get our baby to sleep, so when our windshield cracked, we needed it fixed right. we went to safelite.com. there's no one else we'd trust. their experts replaced our windshield, and recalibrated our car's advanced safety system. they focus on our safety... so we can focus on this little guy. >> singers: ♪ safelite repair, safelite replace. ♪ poly is back now at lucky! come kick off the season with our shop and score game that'll have you cheering for more! play for a chance at over 25 million in prizes and money saving offers - like this and this, or even this! or try to win $100,000 in guaranteed prize money. shop your favorite brand sporting the monopoly tag for unlimited game tickets and get ready to win at lucky! here's why you should switch fro to duckduckgo on all your device duckduckgo comes with a built in engine like google, but it's pri and doesn't spy on your searches and duckduckgo lets you browse like chrome, but it blocks cooki and creepy ads that follow you a from google and other companies. and there's no catch. it's free. we make money from ads, but they don't follow you around showing the millions of people taking back their privacy by downloading duckduckgo on all your devices today. trey: the human mind can be remarkable in this capacity to remember. we can recall the joy of a child's lot from 30 years ago but we can also forget the pain of yesterday we are not wired to stay in dark places but we should visit them from time to time or else we run the risk of forgetting it's been nearly two years since america withdrew, some would say abandoned afghanistan, the withdrawal was embarrassing, unfit for superpower, billions of dollars lot behind the greatest treasure of all the lives from american sons and daughters. images of her friends killed for being our friends, people clinging to airplanes to escape. what about now, what is the current state of afghanistan two years removed, joining us representative mike garcia from the great state of california. congressman we have any better sense of what went wrong with the withdrawal, have your questions that you served, have your questions been answered as it relates to our withdrawal? >> the strategic mistakes leading up to with the draw were self-evident and i think one of the several lessons learned was the fact that we never really changed operational control from the state department to the department of defense, the dod undersecretary austin. the fact that we communicated the withdrawal in advance and give them a prescribed date with unconditional withdrawal commitment and that we have banded fog room leaving her afghan partners completely offkilter and unaware that we were doing that and releasing hundreds if not thousands of prisoners and that we pulled the troops out before american civilians in the fact that we left hundreds if not thousands of americans behind were very self-evident at the time that the subtle lesson learned that we were hell-bent to make sure this was a diplomatic mission that we did put the resources of the ground necessary to truly protect our troops and we knew early on after a couple of days of this withdrawal that this is become a combat zone where american lives in afghan partner lives were at risk and we failed to pivot into a dod mindset with an operational control authority under the secretary of defense. this is the fall of the president but also's anthony blinken in my opinion secretary of defense austin who didn't have the courage to assert himself and say hey boss, i know you want to get this done and eager to do so but we have to do this it the right way to bring all-americans home and bring them home safely and this weekend as you know we honor the 13 service members who died as a result of the very important strategic failure and there were a lot of tactical failures beneath that but they stem from the fact that this was on a military operation this is the state department diplomatic mission from day one in a never transmission. trey: let me ask you the broader question is there any debate left or does it serve a purpose to debate the decision on whether to withdraw. i know it's extremely popular on all circles to say we should have withdrawn from afghanistan. is it a manner and method of which we withdrew or is there any merit revisiting whether we should have kept her presence there? >> i think it is valid not only popular but legitimate to say it was time to withdraw but the way that you withdrawal in the step to which withdrawal matters. we know the way that we withdrew is the wrong way, that's why we lost so many lives and left so many folks behind in others hundreds of thousands of afghan partners being killed on a daily basis under the current afghan taliban regime. but we also withdrew from everywhere, it is hard to find in the last 150 years, point in history where we ended a war whether world war i in europe or world war ii in the pacific, korea was south korea, the vietnam conflict with her presence in southeast asia, operation desert storm where we kept the large footprint and butter ran in kuwait and also keep in the present in the middle east is hard to find any of these cases were we completely abandon all the strategic basis. we should've withdrawn, i don't have an issue with that, the way that we withdrew was broad and we should maintain a presence at bagram airfield which is on the back of the regime and also has a domain of relevance in terms of rare-earth minerals and everything else in the area we could had a strong strategic presence to bring and maintain stability while the afghan government was getting back on its feet, this is what are the key cornerstones of a meaningful and frankly responsible withdrawal that did not get executed. if i can i would give my condolences as well to the family of the marine corps pilot that was killed thursday night in the training accident. our thoughts and prayers go out to them and god bless our troops and god bless the country. trey: amen, god bless you, thank you for joining us. >> thank you. trey: up next has american gotten mean or are we hearing more about it, charlie hurt joins us next to discuss meet three students all learning to save and spend their money with chase. freedom for kids. hungry? thank you, chef. control for parents. nice. one bank for both. chase. make more of what's yours. our ears connect us to the moments that matter. give them the nutrients they need with lipo. it's formulated with ingredients clinically shown to protect your ears from dizziness, ear ringing, and even hearing loss. never miss a moment with lipo flavonoid. ♪ ♪ ♪ from no drill mud flaps and water-repellent seat protectors, to our laser-measured floorliners, weathertech has everything you need. order yours today at weathertech.com. the ultimate protection for your vehicle. >> welcome back to "sunday night in america," america is a great genius country, we have challenges it be sure, i'd rather have your challenges than anyone else's, among our current challenges is the state of our young people with sadness, depression, and isolation and even thoughts of suicide, david brooks asked a question that i believe is related to state of your young people, has america gotten mean? i don'i don't know if people are meaner than they used to be or we hear about it more often, we're seeing fighting great out in sporting events and inprovoked fiscal assaults. i watched a jaw dropping video of a group attacking a man in alabama who was simply doing his job parking boats, have we confused kindness with weakness in our nation? replaced strength with mindless fighting? charlie hurts to answer this question, fox news contributor, charlie, what do you think? >> i think it is a combination of the dpirs . we have become a lot courser over the past couple decades. most obvious reasons has to do with i think social media. never before in history of human kind have we all been more connected to one another, more endlessly connected to one another, efficiently and freely. you remember when we had long distance phone calls, i remember staying late at work to get free long distance calls, young people don't know what a long distance phone call is. and because the amount of connections and social media connections are so instant and so all encompassing. but we have never been farther away from the person sitting next to us. i have younger children. one of the biggest struggles for as a parent of i don't think -- younger children is teaching them in this environment that the person on the other side of the text is a real person, just like you. and i feel that parents are failing to do that partially, they are consumed with social media as well. >> charlie you put your finger on 2 things, o one is things people would never say to you face-to-face. i doubt you get an e-mail telling you wrong or your opinion is crazy. but if you called that person, said, i got your, naile-mail, let's talk about, that i guarantee you their position would be different, hearing your voice, knowing that you read it. people say things they would never say because of the assumed distance. >> i think that is probably most important part of this. the best example of differences, if you are in a big city, where you are stepping over people lying on the sidewalk versus a small town, where no one would step over a homeless person in the sidewalk in a small town. what is the difference? anonymity. you are not only anonymous in a small town, past 150 years, four generations of your family is not anonymous, everyone knows everyone going back a long time, in a big city, everyone is anonymous, people -- even people you know you walk right by them, you wouldn't recognize them, they are walking by with 10,000 other people. so the hostility and dehumanizing nature of that, whereas if as you point out in a small town, someone stops out street to take issue with a political opinion you might have, it will be a whole lot more, mannerly and thoughtful, they know you, your parents they know your children, they know everything, they know that things can get broken when we're nasty, that is fo forgotten in big places. >> thank you for joining us on a sunday night. >> great to see you. >> thank you for joining us. i hope you have a great week ahead, until next week you can find us on-line at gowdy america or trey gowdy pod cost, good night from south carolina. ♪ ♪ ♪ ♪ hello america. i'm clay traci, a long with tomi larhen and charly arnolt. this is "outkick." i can't believe it either on fox. we take on left's strangle hold over every facets of our lives, in our kids schools, where parents don't have a stay in educationors are free to push, radical gender