Transcripts For FOXNEWSW Americas 20240704 : comparemela.com

Transcripts For FOXNEWSW Americas 20240704

You arent going anywhere. We have another hour coming your way right now. Thank you. 10 00 in new york, martha. To the next hour we roll. Martha so a Bombshell Court Decision in georgias election case against former President Trump. The judge ruling this morning just about an hour ago that d. A. Fani willis can stay on this case but only if she cuts ties with her former romantic partner, nathan wade, the man she hired as a Special Prosecutor to lead the case against the former president , donald trump. With that we welcome you to a brandnew hour of americas newsroom. Im Martha Maccallum in today for dana perino. Bill im bill hemmer, good morning. We talked at 6 00 this morning saying it would be a rocknroll day and it will be. Awaiting a reaction from the d. A. The judges Decision Raising a lot of questions. He found the defendants failed to prove there was enough Conflict Of Interest to force the d. A. s removal. The appearance of impropriety meant either Willis Or Wade has to go. It is like finding two people in a bank vault and taking one off to jail. The question is, you know, the Appearance Problem that the judge identified with regard to wade was directly related to his relationship with willis. Only one of them was disqualified. So thats going to lead to these questions. Well, why should willis escape that same penalty . The opinion leaves us feeling the court went and shot the wounded. Martha always put well by jonathan turley. Shannan bream joins us now. How do you see this this morning as you look at this document and listen to all the back and forth as it rolls out . Of course the judge knows the entire world is watching this case and so bottom line he says you have to get away from the idea that there could be any appearance of trouble, of political conflict here. Whether this case ends in conviction, acquittals or something in between the result should be one that instills confidence in the process. He says reasonable observer looking at this case has to say it was impartially applied, the law going after President Trump and all these other codefendants. You cant have room for this. We talked to the whole time going through the Process Hearing from the witnesses he had to decide a Conflict Of Interest or the appearance of one. We see where he landed on that. You mentioned, bill, moments ago that speech in the church and a lot of people had argued whether it should even be allowed in. The judge spent a lot of time on it and said it didnt deny a defendant the opportunity for a fundamentally fair trial by revealing anything that shouldnt have been talked about publicly those kinds of things. As one of the guests said he said it was legally improper. Providing a Public Comment take creates dangerous waters for the district attorney. Again we know what the choices are. The judges main concern is he wants people to have confidence in the ultimate findings at the end of this trial. Bill okay, all right. Well see whether or not people have confidence, shannon, right . Because a lot of folks are going to look at this and think it was twisted legal steel. Can you understand that . Uhhuh, absolutely. Because as Professor Turley and others pointed out, it feels like this goes a number of directions. He does say reasonable people, the judge says, could find or feel that there was untruthful testimony from Willis Or Wade and yet he said there was not enough evidence for me to find actual Conflict Of Interest. So all of those, you know, Travel Records and all of those things he said we did not get to that standard. I can understand why some people think maybe didnt get the full truth from these people who took the stand. For that reason it will be a win and a loss on this motion for both parties. Youll win some and lose some. Ultimately the trial stays on track if fani willis decides to stay in charge of it. She has her options. Nathan wade can step away. What i want to make sure the judge says is people feel at the end of the day weve done things properly. But he admits there are things that did not add up in the testimony. Bill does it stay on track especially when you consider that the Georgia Senate is looking at this . And the Governor Brian Kemp could as well . Listen, if fani willis decides to stay and keep her Team Together absent nathan wade they can get back on track with this trial. There are all kinds of other things that have happen before they get to the trial including finding a jury who has been hearing about this nonstop not only on national stations but there locally. Atlanta papers and stations. You have to find a jury and put them together with that theyve heard. Many conflicts from the defendants as they move forward in the wake of this decision. Bill thanks for that. Well watch you this sunday and you may not be done this hour, okay . Standing by for the Supreme Court, too. Martha we may get a couple of Supreme Court decisions this morning around 10 30 and keep Shannon In The Loop between now and all the way through sunday. Thank you, shannon. Well ask you to stand by if you may. Lets bring in Jason Chaffetz joining us as well. Bill former House Oversight committee chair, fox news contributor. Your reaction to the news, jason. It feels like the judge is trying to cut it in half. And i dont see much like what Professor Turley was talking about, you know, you are shooting the wounded. I dont know how this case continues to go on. Politically its a trump win. I think it creates more confusion and more appearance that there were political motivations that the case is not strong, that it is a clown show there in georgia. It is a farce. We have gotten away from talking about the allegations. Remember, this is Donald Trumps most precarious case thats out there because these cases this case in georgia, you dont have you cant just get, you know, bailed out by a pardon. Either by the governor or by a president of the United States. You can go to jail with no ability to be pardoned. Thats the precarious nature of it. Whatever happens moving forward, it will delay this. And were on a political timeline at this point. Martha lets take a look at the Court Timeline and political timeline and put this up. I will have to do some audibles here. Some of these things have already changed since this was put together. You have the january 6th issue under special counsel jack smith. That one has been postponed. The March 25th Criminal Trial in new york now has been 30 days delayed because the Department Of Justice didnt turn over certain documents during discovery that could cause big problems for that case. Then april 25th Supreme Court immunity arguments. The trump team is hanging on that decision in a huge way. They are hoping if that decision goes their way they can apply it to pretty much all of these cases. The classified documents trial we heard about yesterday trying to get it dismissed and may 20. Now its july or august potentially. You have the Republican National convention in july. And then down at the end november 5th election day, remember that day . And also the Georgia Election interference trial no date yet on that. But so whats the impact, i guess, jason, when we lay that out and look where well be in all of this . How do you think voters absorb this . I think its a lot of white noise at this point. I think most people in the country have probably made up their mind on donald trump. And i do feel like it is a just a political witch hunt. They havent been able to lay a glove on him. Any time he gets indicted his numbers go up. I think if you go to the average person in georgia, which really matters, right . One of the swing states, and say whats going on with donald trump . I think most people, particularly those centrists who can swing an election one way or the other they know it doesnt smell right. Even the judge is saying the appearance of impropriety creates a problem for the court and this show thats been going on for the last weeks and weeks it just does not go to the benefit of the democrats who are trying to say that they are the adults in the room. It looks like a clown show. Bill jason, thank you. Stand by there. Appreciate you jumping on. Back to Shannon Bream if we still have her. We anticipate the Supreme Court not today, but in all likelihood at the end of june or early july to rule on immunity. If the rule in the president s favor, what happens to a case like this . Is it tossed anyway . He has a real Uphill Battle. Everybody agrees on the Immunity Question. Then you would have to look at the application each of these cases what he is charged with. What he is alleging in each of these cases, whether he is trying to link it to an official action as then president. Because now all the cases have that connection. It will be an Uphill Battle for him. Remember there are other cases at scotus not just on the Immunity Question. Before that theyll have arguments in the fisher case which is about a jsix defendant charged with obstructing an official proceeding. Hundreds of defendants were charged with that. That includes President Trump. It is part of jack smiths case against him. If he wins on the fisher case where he has a better chance at immunity at least part of jack smith east jsix case is thrown out. A lot in the high court pending. Bill i think there is a decision handed down. Well let you read that and bring it to our audience momentarily. Andrew, what do you think about this Immunity Question before the court . And the impact it may or may not have on all the other court cases now. I like the immunity issue. Something that legal analysts go both ways on but a very important issue. The american presidency is very powerful and there is Important Reasons to make sure that president s dont act in a way where they fear the day that they walk out of office they will be placed in handcuffs. Thats a real problem for the future of our country if it turns out to be the truth moving forward. I think there is a very reasonable chance that trump will win that at the Supreme Court. The way that it would apply to other cases, first of all georgia, it wouldnt automatically get rid of that. Its a state prosecutions. The actions of donald trump alleged there are from his time in office. Whether those actions actually are part of the immunity thats bestowed upon him if the Supreme Court rules favorably, i think it would go that direction. Even in a state court wouldnt be table prosecute that relating to his time in office. It could arguably, not a strong argument, apply to the florida case because the documents case, the charging conference starts on the day he was still in office. The day he left office. That crosses into that territory and deals with actions that were part of his presidency in obtaining and reviewing those president ial excuse me the classified document which could impact the president ial record act and all that of goes into that. The only case it wouldnt apply to is the new york criminal prosecution. Even there some of the payments spanned into the time he was in office. Bill it is a lot to track. Martha it is. Bill i feel for the audience. Martha we need to put all of these things in their individual silo. They cross over a lot. It sounds like going back to the Supreme Court on immunity and you say its an important issue to determine and thats true. But look at this court and how do you think they will determine it . And how specific do you expect them to be . Its tricky to get into all of these issues independently based on sometimes he was in office, sometimes he was on the cusp of office and on the way out the door. How will they do that . Look at what the precedent is. There is not specific there is language that deals in civil and criminal process meaning the requirement to have to disclose certain information. The Supreme Court has previously talked about the outer perimeters of the presidency as this kind of gate of immunity. Even if its arguably within the perimeter of the presidency. I think if that standard is applied, then we look at what trump is saying about the nature of his conduct on january 6th. He is essentially saying that one of the important roles of the president so to insure that elections are fair. I can see that as a reasonable argument even in the Foreign Relations. The president is given the right to engage in Foreign Relations and basically unencumbered. What other countries think about the fairness of our Election System is important to Foreign Relations and could fall into that umbrella. Various ways to argue that and the Supreme Court could be very lenient on that. They dont want to get involved in the politics of what the president does or doesnt do. They answer legal not political questions. Bill youve read through their filing and impressed by the argument theyre making. I like it a lot. There are others jonathan tourly not so. The Supreme Court needs to draw the line. One of the issues in the Supreme Court allowing this to move forward and not declaring immunity is how do they draw the line . How do they draw a Legal Standard that essentially says trump crossed that standard versus other president s who might not . Actions in war, actions in negotiations in finance that go on with president s. Where does the line get drawn as to when you can prosecute a president for negligent homicide when he orders a Military Mission that was perhaps illadvised . Bill turley, your name was invoked. Care to respond on that argument . Well, i think as weve discussed before, that the argument made by President Trump and from the lower court was so sweeping that i just dont see how a majority could be eked out to support that claim. I do believe that there are justices who are as concerned about the sweeping implications of the d. C. Circuit that they are limiting this too much or at least not articulating when a president may still have some immunity. So they may end up supporting the result without supporting the rationale. They may end up tinkering with it. I just dont believe that there is likely a majority on the court that would support the full argument presented by President Trump. Having said that well just have to wait. Oral arguments will be very interesting here. I want to echo the reference to the fisher case. That case probably has much more significance for President Trump ultimately if you are looking at the odds. If the court finds that the Obstruction Count was invalid in that case which doesnt involve President Trump, it would knock out some of the counts against President Trump. That would further weaken this case by the special counsel. Bill okay, sir, thank you. We will get everybody a pamphlet to follow along when we continue here. To our team, stand by here and get more reaction. The willis wade matter. What will she do . The ball is in her court. The rnc has a brandnew chairman. Moments ago he put out his first memo to his team and republicans across the country. He has yet to do an interview on television but he will today and well ask him about this and also how he plans to win come november. Dont miss that coming up. Want to save money and get cash . For veteran homeowners, its easy as 123. One call newday and apply. Two take out an average of 70,000. Three pay off your Credit Cards Bill now just to update you. Awaiting a response from fani willis. What she will say after the judge ruled she can remain on the Trump Election Case if she removes her lead prosecutor, that is nathan wade. Our next guest is brandnew to the job. The rnc chairman Michael Whatley previously served as General Counsel for the rnc. Tar heel out of north carolina. Thank you for your time. Your timing is spot on. Thank you for being here today. Your reaction to the news in atlanta. I will defer to the president s attorneys on this. Obviously they are the ones that are dealing with it on a daytoday basis. I think it is one more example of what were seeing as improper conduct. Were seeing the Conflict Of I

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