american people will be shown that, by the two tier system of justs justice that donald trump is about to expose. kash patel thank you so much. >> thank you. sean: it has worked, donald trump didn't get reelected after two impeachments after russia collusion in 4 years of that. the end result was joe biden, running from his basement with cognitive disbidisability, they will rerun it right here. using criminal justice system to go after the president. >> we broadly have an american people who did not trust government, that distrust deepens on this dayism it does, now kennedy. kennedy: it has been a craze night. we have been watching our coverage, thank you very much. we will continue.

as you heard, for first time in american history, a former president has been indicted. donald trump tonight charged in new york over alleged hush money payments to stormy daniels. maybe another. and another. moments ago trump saying he is innocent. where on earth do we go from here, this happened over an hour ago. new york city district attorney alvin bragg versus the 45 president of the united states lawyer for the former president confirming that shocking news. but saying, she does not know when that president will sunder. we n need to wait for indictment to be unsealed. the charges are still ep cl unclear, there is a live look on the side of da office, not much going on, this is a monumental most. it is very much uncharted

territory, joining me now to discuss former u.s. attorney for western district of virginia john fish wick. >> we have conversation of an dime w indictment what are next steps. >> the trump legal team will be pleased this is first case brought concerning various investigations, they will view this as weakest case, ground zero for this case is assignment editor mmichael cohen. he swe tweetedd about the case. if they went to trial across examination of mr. cohen wombwould take days. mr. bragg needs to come forward and say why he brought the charges and the basis, the cloak and dagger does not serve the public

well. the next steps, they need to explain it to the american public and former president trump needs to you know come to court and make his not guilty plea. kennedy: what does the d.a. have to prove in order for this misdemeanor to become a felony and for felony charges to stick? >> that is a great question, this sun chartered territory there is snow real case in new york that so far upheld a felony, misdemeanor is bookkeeping fraud it was hush money. it is not illegal. that was paid that you put on your books in a way that masks what it really was and say it is a felony, well, this was tied into the election, even though the money was not given to campaign, it was tied into the election, that was another crime, that is a felony, that will be a real reach, i think that is likely to be some judge, at some point will seja not a

felony, they may be left with a misdemeanor. kennedy: a misdemeanor seems very sli slippery ground to charge a former president of the united states if they downgrade it, what would that do to other cases he meeting facing. >> that is why the legal team would like this case to go first, they can say we're tied up in court on this. this other charges company, trump legal team could say we're battling up in manhattan, besides the law that we touched oall of the turmoil within the office they were they bringing charges or not, michael cohen's past there are all sorts of issues maybe statute of limitations, they are pleased this is going first, nobody wants their clients changed. this is a sad day for the country when charges are

brought against a former president. but if you are defending former president trump there is a w weak case. kennedy: they have been looking at as pecks of the case. -- aspects of the case, i don't know this keeps them up at night, forgive me for assuming that presidential politics have been untoward in the past i'm sure we've seen these kind of payments before. >> absolutely, he will not be first or last person, there are a lot of articles about october surprises in presidential campaigns. >> it does happen. it happens, sh-- happens. on the great open seas. the president is going to be arraigned next week here, has said he wants to appear in handcuffs, and make this a spectacle. is there a chance that could be some political backlash from that? >> yeah, i hope for bragg

does not do that, he should not be in happene handcuffs, it should be done with dignity and low cooker key. mr. bragg makes to make sure for any president roh ma no matter your politics this needs to be done with dignity, this is a very sad day if we go, loat. >> a lot of bad days in new york city, violent crime is up, and d.a. does not like to charge anyone with more than a disk ticket, maybe his priority to be locking up 10% of people that come commit 80% of the violent crimes, if they got the goods show it to us, so people have make judgments, you are still talking about a potential presidential

nominee, and maybe he could win the presidency again, times have been weirder. we'll see what happens. john thank you. >> a man panel is the answer, the news is nuts. the president the frontrunner for republican presidential nomination. no matter how you slice it let's bri break it down, co-host of big money show, right here on fox business, brian brenberg. and co-host of the bottom line, also right here on fox business, sean duffy. round think out man panel, fox across america radio host. he owes his bookie more than do donald trump allegedly paid stormy daniels, jimmy failla. this is while news. we had been in the sort limbo with the grand jury.

almost seemed they would adjourn for a month without an indictment, what do you think. >> i think someone turned the screws, it was alvin bragg, he needs this politically. his former prosecutors, left because he chose to not do this the first time that put him under the gun, now he is back, saying he has little to lose. he has a lot to lose if he does not do this. legal case, i have better legal minds next to me, a prosecutor and the pr prosecuted. that is very sad. this will be a spectacle that influences 2024, and people's views of legal system here. we don't need more thank we'll get more now. kennedy: so, you had shenanigans with biden family and massive payments now that a former president is under the microscope, that will affect how house republicans look out what has been going with biden

family if an indictment for former president is this easy, why stop here, why not go to future administrationsism p. sean: problem is congress and oversight committee does not have same resources at fbi, who should be investor gated hunter biden and joe biden. and joe biden as vice president. congressional committee it is hard to do this is about alvin bragg and his reelection, he cares about getting reelected himself in a city that voted 2585% for joe biden, 13% for donald trump, this is good politics for him, but are the rift, we say, my goodness, these are historic breaking of norms again donald trump, russia collusion which was false, they went through his life with a fine tooth comb, two impeachments and they raided mar-a-lago over

document disagreements this stuff never happens, now you are prosecuting them if they bring him in, in ha hadn't handcuffs, i believe that americans will be so outraged of the politicalization of american legal system, they may reject it all and vote for donald trump. kennedy: i think are right, what it does for people attacking him it puts him in a better light. you know he doesn't have super high poll numbers, a lot of people who don't want him to run again, they don't want current president to run again. sean: they are making him a victim. kennedy: they say there are 80,000 new irs agents coming after me and my mom and pop shop, the man is against me, they are doing same thing to him, i feel his pain, this is a gift. >> yes, he has greatest campaign slowing a ta --

trump trump 2024, tanned, arrested and ready. >> the irony is as a new yorker if trump would have assaulted stormy daniels, alvin bragg would have left him alone. understand that is what we're dealing with in new york. this feels like a misappropriation of justice, he downgraded 52% of felons to misdemeanor, one time in history of his office he is trying to upgrade a misdemeanor on a felony on a triple lyndi of a legal jump, this is thornton melon stuff, it drives me crazy, you talk about where we're going. this is the first time in history of our nation, america 246 years old, same age at joe biden, first time in history we might handcuff a president, we're not doing it for tra treason or selling secrets but for a parking ticket. kennedy: we're not hearing about mar-a-lago stuff, which makes me think that

maybe there was not the serious secret they implied were in malmelania's shoe closet. sean: because joe biden did the same crime. kennedy: even mark warner is upset, democrats are upset we're not hearing more about the the document scandal. this so much political nonsense happening. >> this new york case will just put a cloud over everything else happening, such a gift to the president. because we guard less of -- regardless of merits of georgia or mar-a-lago case, he could say look at new york, do you think the rest of these are not the same, they are, in every one of cases, it, it is unfair to me, this is the thing, he has to say what happened to me, is coming down the pike for you, america. i'm just the first one. i'm always the first one.

he does doesn't have to say i'm a victim, aim leading charge against what is coming, you look at irs and prosecutors always the same, me, then you, that i think does change 2024 with independents and folks can see this is bogus. kennedy: he might hire ron desantis as his personal attorney. >> more show to come up, here man. we have a statement if former president, and texas republican congressman patar fallone will join me nexting) stay with us. that. here we go. - asking the right question can greatly impact your future. - are, are you qualified to do this? - what? - especially when

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kennedy: holy hot dogs two sources tell fox news former president donald trump has been indicted in new york. trump son eric, calling the indictment, a quote third world prosecutortorial misconduct, nobody gave lawmakers on chi capitol hill a heads up, trump said

quote: >> this is an d tack on our country. it is like wise a continuing attack on our wh once free and fair elections. so sad. >> joining me now to discuss texas republican congressman pat fallon, what to you make of former president's statement, do you share his sentiment? >> yes, it is measured but defiant. i just flew home from washington to ftse b back to spree state of texas,. it was expected. i am surprised and shocked. this is chilling. if they come after a former president of united states, and a gross miscarriage of justice, none of us are safe. kennedy: that is why i brought up irs agents. this president said if you

makeover 400 thousand a year, your taxes are not going up, irs is not coming for you, yeah, they are, there are more people that make less than 400 thousand a year. they are coming after you. what are some of your colleagues on capitol hill saying tonight? >> i think we're all just shocked, to your point about 87,000 new irs agents, i want to hire 87 thousand new border patrol agents, a better use. there is a collective shock. this prosecutor, alvin bragg who suspended his own investigation in 2022 when there was nothing there. it is odd, but there will be some folks in middle or on the republican side that are looking at perhaps turning page, this is making trump to a sympathetic figure, the best political thing for

him. kennedy: how political is this? >> let's ask a very simple and fair question, if president trump was not a political figure, would this district attorney be bringing this particular charge? i think that is abobvious -- obvious, this is political weaponization at its worst from someone that is saying, if i don't agree with you politically, i will throw you in jail. kennedy: you have to look at john edwards and hillary clinton, and biden campaign, there are many other people who tried to be president. who had skeletons in their closets, are they prosecutable. >> take care, are you waving to your go garden gnomes? you are upset? are you still there

congressman? >> i am, yes, sorry, your producer was talking to me, i apologize. kennedy: what a fun thing. a remind them. >> live tv. kennedy: we can have chit chats after the show it sthuthursday night. are there people who have done the same thing, and used money for maybe untoward purposes then smack their blackberry and destroy their servers. >> i remember i think hillary clinton, right. the dnc, they did with with hillary clinton, on steel dossier, they spent over a million dollars and they marked it as legal expenses. that was a campaign expense. to smear it was misresearch. they got fined $8 thousand.

that is all they got for you know mislabeling over a million bucks. this is a two-tiered justice system, not justice for all. it is weighed with a thumb on scale for folks right on left of center. kennedy: if this is a political witch-hunt they have not played their hand right, alvin bragg needs to focus on the city, for people who feel unsafe, i had a conversation with a woman at cwork today, we used to walk around freely at night, i used to run at central park there is not a chance in hell i would to that now, women don't feel safe walking to parking garages or to penn station, because, they know there are unprosecuted lurkers that made the the city unsafe, it feels unsafe. that is what bragg has to answer for, he should pay with his political career,

andf potentially, his license to practice law. congressman fallon we have to go, i do to official he bid you farewell. >> if you are not, you are not free, that is why we have 11 republican members of congress from new york state, first time it happened, th thank you, kennedy you are the best, a great american. kennedy: thank you, congressman. >> coming up we have much more on this indictment, a live report from washington. everyone is having k kittens go adopt one, stay! tuned. fresh, warm hot dogs, straight out of my torso! one for you, one for you. oh, you're a messy one. cool, right? anyone can become an agent of innovation with invesco qqq, a fund that gives you access to nasdaq-100 innovations. hot dogs!

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considering some others who have been president who not been indicted, looking at you both johnson. >> how is news being taken in washington, joining me from dc, grady trimble. >> well it was to be a quiet evening in washing washington, d.c., congress is just start two week break, then this news broke, suddenly we got statements from just about every republican lawmaker and some democratic as well, one person we have not heard from and don't expect to, is president joe biden. our colleague peter doocy asked if house had a statement on this implement sism. >> white house responded we don't we hear from house speaker kevin mccarthy, his react said -- his

reaction said: >> they started an investigation into alvin bragg and how it is handling this particular investigation to former president. they say they will continue that investigation. this is how republicans have been responding to this news, it is politically motivated. democrats on the other hand more of the progressive democrats we're hearing responses from, like congressman adam schiff, you remember led first impeachment of president trump. saying:

>> you can see from schiff, he said trump already engaged in unlawful conduct, despite the fact we have not seen the dime, indictment and he has cast his judgment already, in his opinion likely other cases. by t the, we also get a statement one of more interesting statements, which is from florida governor ron desantis, who could be top contendor, said this is weaponization of legal system, but there are also practical issues at play that is how will president trump get from mar-a-lago to new york. where this indictment has been brought down. desantis said, florida won't assist in the extradition

request, given the questionable circumstances at issue with this soros-backed manhattan prosecutor and his political agenda. we'll see when this, arraignment happens expected to be early part of next week, we don't know how president trump will get from where you see there mar-a-lago, to new york. to be determined as far as next steps 1 in new york. we don't know if they will make a show of handcuffing him, you know that president trump might want, because a lot of his voters might sympathize by seeing that for first time ever. a former president in handcuffs, we know that he will be finger printed like any one who is brought in and they will also take a mug shot, we will for first time see a mug shot of a formero sitting president. kennedy: i think grady it will be a mug shot that will be emblazoned on coffee mugs

as a bit of a campaign purchase to raise money that way, i think they would use that as a tool to go, en unmore support for 45, it is getting weirder. >> thank you. kennedy: we have a live look, at trump's home, i was figuring you know maybe jet skis, a few kayaks, that is mar-a-lago in palm beach, you can't see any fbi anxieti anxieties there -- anxieties there, if ron ronron desantis does not assist, what does that mean for the case. joining me now, kevin o'brian. this is a very interesting tight rope that the governor of florida must walk. he has to appeal to the law and appeal to justice, at

the same time, he has to somehow take down what could be a very formidable political foe, how will this work? >> a number of things could happen, without extradition, there have been discusses of former president trump surrendering that way he gets to control the process a lit of more, that was discussed last week, i assume it might still be on the table. if worse comes to worse he could be seized. the state of new york can apprehend him, i don't think that would be pretty. not really one befitting a former president, we'll see how this plays out. i don't think that governor desantis vow will play much of a role in this process. kennedy: he probably know, that but also, you know if he came out swinging against former president, said look at his character.

that might turn off a lot of preli potential voters but saying this is politically motivated he seems to be doing himself two favors here. the president -- former president said he wants to appear in handcuffs, adam schiff seems to be foams on the the mouth for that, what is the probability of that? >> [ laughter ] guess he could arranger that. but the cat is out of the bag there have been discussions been publicized between trump's lawyers, and the d.a.'s office. anyway it working out, there will be an element of preplanning and premeditation. i'm not sure that drama that mr. president trump might hope will play out that way. kennedy: this is a very dramatic turn of events, does it have an impact to

some are investigations and potential cases? >> well, it is a psychological point w but in a way this sort of breaking the spell that trump was somehow invulnerable to all of these investigations. there are a number of them, as you pointed out, but this is the first one where actions have been taken. who knows, it may lead to other actions by other jurisdictions in short-term. we'll see. kennedy: there is much that remains to be seen, what will the political fallout be for the president? you have two very clear tracks. you have the justice system here in the united states which is now very much under a microscope. and you also have political track, but, adam schiff married the two, when he said that you know, leaders should not be above the law, there are a lot of people who agree with him, if

someone has done something wrong they should be held to account, but wait that adam schiff inartfully phrased it, he said threshold for public officials should be lower than the ra average person by his logic there could be many more didime indictments of current and farmer presidents. former presidents. >> that is true, the process has to be fair. it has to be perceived at fair. which is the test that the mr. bragg must now under go with respect to this case. he will have mr. trump in courts being arraigned, bail will be set. scheduling will happen, there will be a trial date, if not sho sooner than

later, but the enter process has to be perceived of fair. to be realized. in the legitimacy of the process fully realized. kennedy: what are chances that former president uses elian gonzalez raft to cuba. >> he will make every efforts to paint it unfair. kennedy: that whole thing, world is up side down. someone is shaking the snow globe, thank you matrix, thank you kevin appreciate your time. >> thank you, appreciate it. kennedy: excellent. more on unfolding indictment of former president donald trump including reaction from an attorney for stormy daniels. don't go anywhere that is coming up, next. hi, i'm john and i'm from dallas, texas. my wife's name is joy. we've been married 45 years.

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who have been following along, i know you have i can see you through the screen, pants on. former president trump has been indicted in new york city, get a rope, it to with alleged hush money payment or payments to film star stormy daniels and a laid lady named karen. her attorney saying that dd indictment is no cause for joy. our man panel is back. there are a couple people to add to this cell were hunter, hillary, av nat ave nady -- av n ed that -- i think it would

work. >> her only -- >> they already said up searches for her only fans page, george santos has no idea what that is. >> i will not lit you talk about a 3 time h oscar winner like george santos like, that the. it is we're laughing this is a coping mechanism, so bad for the country right now. you are talking about like we're really divided in a place not healthy. when a couple shouldn't be together any more, you say pass the catsup and they say your mom is an alcoholic, what? >> president when asked for a statement, we heard it in

gradey, peter doocy said do you have anything for us. two words, we don't. this president, who could not be indicted if this present holds has nothing to say, now would be a great time to chime in. >> you say i condemn this. donald trump paid $130 thousand to stormy daniels through his attorney, if those are facts they say happened. but, he misclassifies is saying not a campaign contribution, i want to give hush money, i don't want to emare embarrass me family, let's say it was campaign money, they would have accused him of saying you misappropriated your campaign money for personal purposes. >> the fdc would have changed him. when they had the whack at pinata. >> that is a catch 22, they

were taking him one way or the other, paying hush money is legal but they put him in a box. kennedy: good thing he paid to more than one person. >> he has all sorts -- you know, great point took they would have gotten him 3 times earlier on any of this, if it could stick, the doj would have gotten him, and bragg would have done it first time, said no, that is one of the big problems, actual maybe adults who looked at this said, not happening, they all passed. and b bragg is left, because he has a pressing political need to go after this, unlike them. kennedy: sean, you are only one who held federal office. you were a u.s. congressman. does this change how presidential candidates and future presidents comport themselves if they know, there has been a sh shield for as long as our

country has existed for occupants of this office, does this change anyhow you run and who we -- we election. >> i think what is does, we were man splaining, democrats believe it will never happen to them, every republican candidate, all of them understand that the full force of the law t that is going after donald trump that too wil will come after them, if you raise your hand and step forward, they will go after you, it has worked, donald trump did not get elected in 2020 they went after him on russia collusion and impeached him twice that worked. the same page of same playbook, we're going after him through -- i was a prosecutor for 10 years as well in wisconsin. kennedy: right. >> you know, i was going to say joe biden ran on uniting the nation, if he wanted a

moment of hist historical significant right now would be for the chance to say, i am pardoning donald trump. kennedy: and joe exotic, he is my next running mate. >> second best joe on the ticket. >> to be clear. >> jimmy, you are right, republicans would love him for that. kennedy: i would have more respect for that. >> go away. >> kennedy: have a gerald ford moment, put the national n nightmare behind us, this is not making anything better. >> i was told by cnn that michael avenatti could beat president trump. >> i have been told, one could be president of cell block. they did not say of what. fantasy financial league, i don't know. kennedy: we don't have as many specifics as we

thought. >> getting donations in cigarettes and potato. >> or maybe a great time, man panel thank you, brian, sean, jimmy, grateful. jimmy you with your spirit. >> so much here. yes, we do, we got spirit, how about. >> you more on the indictment with new york republican congresswoman next. aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our clients' portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? (fisher investments) yep. we do better when our clients do better. at fisher investments, we're clearly different.

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kennedy: right back to if former president trump been indicted in new york, republicans calling it a witch-hunt, and democrats saying the rule of law must stand unless it's against one of us, joining us now congresswoman claudia tenney. welcome back. >> great to be on. kennedy: what are people in your district saying about alvin bragg? what opinion do they hold of the d.a. here in new york? >> well in my district they are not happy with alvin bragg, most of us -- a guy who put out a statement to his assistance district attorney saying we'll

compromise down felonies to misdemeanors and not prosecute by vie violent crimes under my watch, that is what we're looking at as we face crime all identify over the laws because of the laws in albany, we asked kathy hochul to fi fire him, this showing democrats are willing to weapon ice and politicize everything, the irs, fbi, department of justice, homeland security, even epa, those types of people coming out attacking energy insulation, if you oppose the democrats you g get tracked down, investigated and you will get arrested then indicted like they can indict a ham sandwich, they in indicted,. i think there is a bigger reason, they all hate trump. they would love the mug

shot. this is salacious, sex tells -- sells, this will be so talked about get so many clicks everyone that will grift off this, this is a lot of reason that democrats are doing it, also just a continued humiliation of donald trump and his family, i think this end this m may backfire on them. kennedy: let's talk about how it might affect voters, there are a lot of voters, you have seen it here in new york, with the record number of republicans in congress are going from your chalk us here in empire state. and people are fed up with the back and forth, they are fed up with political division. how does this feed into that apathy, what -- how do voters react, not just in new york but across the country, with news like this? >> i think voters see this politicizessed this is with hunter biden, everyone is

melting down including president claiming we have to s confiscate guns, but yet hunter biden has a felony that is languishing. so, voters are discouraged this is really a dark day this means that anyone can be prosecuted if someone wealthy and able to defend themselves, a former president like donald trumping get prosecuted and humiliated so could every person. this shows that we have selective prosecution, and if you don't fit in with ruling party, you will be under se season. this -- under siege, this is how communist regimes work, i lived in a communist

country. in 80s. >> if you disagree with the way a cronyist tech company works with members of federal government in various branches, if you dare speak out about, that irs will come to your house, that i will send you a handwrit handwritten letter in person that happened to matt taibbi, if there is not weaponization going on here, i don't know what you call this parents are being shouted down in schools and labeled domestic terrorist this is starting to add up for a lot of people and it is not making it politically better, it further divides the nation. and shame on them if there is not a real crime, congresswoman tenney thank you for your perspective and time. >> thank you, i agree with you 100%. kennedy: weaponization it will not stand. thank you so much for watch could the show tonight. following every twist and turn of this crazy story that is not letting up any

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