Reporter evening, trace. This is the second federal indictment for the former president out of jack smiths investigation. The 2024 gop candidate who leads the field by a wide margin has already pleaded not guilty to 37 counts related to his alleged retention of Classified Records from his presidency. Only this time were talking about four federal charges, including Conspiracy To Defraud the u. S. Conspiracy to obstruct an official proceeding. Obstruction and an attempt to obstruct an official proceeding. And conspiracy against right. Notably resist allege the president knowingly made false claims about the election being stolen which, they claim, stoked the fires of january 6th. Quote, these claims were false, and the defendant knew that they were false, but the defendant repeated and widely disseminated them anyway to make his knowingly false claims appear legitimate creating an Intense National atmosphere of mistrust and anger and erode public faith in the administration of the election. However, the former president remains defiant tonight expressing what his Campaign Says is righteous indignation. Quote, this is nothing more than the latest corrupt chapter in the continued pathetic attempt by the Biden Crime Family and their weaponized Department Of Justice to interfere with the 2024 president ial election. In which President Trump is the undisputed front runner and leading by substantial margins. President trump is now due to report to court this thursday, august 3rd, right here in dc. Should make for a Business Country news day, trace. Trace and we will cover it in full. Kevin corke live for us in dc kevin thank you. Lets bring in former Deputy AssistantAttorney General tom dupree and this is jack smiths special council today and well get your reaction on the other side. Since the attack on our capitol the Department Of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. Trace problem is, tom dupree, that hes being charged with nothing to do with the capitol riot, right . Theyre talking about the riot, theres nothing in the indictment about that. What do you think about this . Yeah, trace, that was one of the more surprising aspects of the indictment today. As you point out by the time you even see the first mention of the capitol riot youre well into the indictment on Something Like page 40 out of 45. Its interesting that the special counsel is really putting his focus almost exclusively on what happened in the days leading up to january 6th. And i think at the end of the day, so much of this is going to turn on whether the special counsel can actually prove beyond a reasonable doubt to the jury that donald trump knew he lost the election and that this whole thing was a fraudulent scheme. Because if im in the trump camp i think your number one defense here is that, look, i was being told by my lawyers, my advisors, by people in the field that there was fraud out there, i genuinely believed it even if im wrong that doesnt make for a criminal violation. Trace the democrats think this is disinformation, right, so what theyre saying is the indictment appears to be criminalizing political speech, protected speech. What do you think . Yeah, trace, look, im no a positively gist for donald trump and i am quick to say there are cases like the maralago case where he has real criminal exposure. But this indictment screams to me as a set of facts that they really wanted to find a way to prosecute so they had to stretch the laws to the Breaking Point. Obviously they did not charge him with the violence because they probably knew that was too far so theyre using this combination of Fraud Obstruction and civil rights laws, none of which i believe would hold up on appeal to the supreme court. It seems like theyre pushing the laws to the Breaking Point and this one im just calling out like its keeping the issue in the headlines. I dont think it survives in the long term. Trace Jonathan Turley made this point on special report, i think its a fair one. Watch. By the way, the other thing that is not in here is conspiracy for incitement. Not in here is seditious conspiracy. Those were the claims the democrats used in the impeachment and said that the evidence was absolutely clear. Trace sometimes things that are omitted, tom, are very telling in an indictment. That is for sure. I mean, to your point, so much of what was not in this indictment really speaks volumes. The other thing that surprised me today, trace, is that the Special Prosecutor seems very intent on pushing ahead with this case very expeditiously, much faster than the maralago case. Seems like he wants to have a trial and possibly even a conviction and a jury verdict before the election. To me that is excessively ambitious. I dont see how they think they could prepare for this trial, allow President Trump to formulate his defense, get it all before a jury all within the span of the next year or so. It seems very unlikely to me. Well see how the judge treats it but seems like a stretch. Trace i wanted to show this sound bite because this is the Attorney GeneralMerrick Garland and he really didnt say much and take a lot of control and i will a get your final response this, joe. Mr. Smith and his team of experienced principled Career Agents and prosecutors have followed the facts and the law wherever they lead. Any questions about this matter will have to be answered by the filings made in the courtroom. Trace bottom line like every other case we are not going to answer questions about this. My question is why not provide the exculpatory, President Trump saying its peaceful and patriotic. That stuff wasnt included. What do you think . Trace, you know, i understand that the Talking Point from the white house is say this is independent and we have no comment. Honestly id feel better if they had some comment. No matter how many times they say the special council is independent the fact is he reports to the Attorney General and the Attorney General reports to the president and any prosecutorial power derides from the branch. I would feel better if the president and Attorney General took ownership and said you know what were bringing charges because we believe in those charges but this artificial holding at arms lengths makes me feel like theyre not willing to defend the charges on their merits and they want someone else to do it as long as its not them. Trace lot of legal minds on both sides had that very same thought, joseph moreno, tom dupree, thank you both. Thanks. Trace for context on the time line on how in the world any of this gets done before the election lets bring in the president of article three project mike davis, mike great to see you as always, good time to have you on. One more sound bite from Special Prosecutor jack smith. Watch. Our investigation of other individuals continues. In this case, my office will seek a speedy trial so that our evidence can be tested in court and judged by a jury of citizens. Trace speedy trial, mike, but get in line because youve got a list of these things. How in the world hes got a pending case already against the former President Trump. How in the world do you get these trials in before the election . Which, by the way, is 15 months away. Yeah, they waited 31 months to bring these charges, timed perfectly to try to cover up hunter biden and joe bidens clear foreign corruption. The fact that the president of the United States is compromised. We have alvin braggs indictment for the noncrime of a businessman settling a Nuisance Claim that has to go to trial. Jack smiths indictment of a former president , a noncrime of a former president having his president ial records which is allowed by the president ial records act. They wont be able to get this trial done before the election. Trace what about trumps team . Do they have a way to slow this down . Do they have Due Process Rights where they say whoa, whoa, whoa, we need time to get our ducks in a row . Well, there are very legitimate concerns that trump has. Hes been charged with four felonies. They named seven alleged coconspirators across five different states. They have dozens of potential witnesses. President trump has the right to get discovery from all of these potential witnesses, and to fully defend himself and thats going to take more than six months or whatever jack smith thinks hes going to do to jam this before the president ial election. Trace is there prioritization going on, jack smith says i want this, something coming out of georgia, is there a way the courts can prioritize this or is it first come first serve. Good question because this is clearly democrat law fair against President Trump to that him out as a president ial candidate because they dont think they can beat him in 2024. They dont want to move quickly on maralago case because youll have a fair judge and fair jury. In the dc case you have a jury pool thats 95 trump deranged and obama appointed judge whos shown in the past she wont be fair. Trace i just want to know your take before i leave you mike. Whats your big take away on these charges today . This is the most laughable of all the charges. They are trying to indict someone for objecting to a president ial election. Its only illegal to object to president ial elections in third world marxist hell holes. Democrats objected in 1968, 2000, 2004, and 2016 and they didnt get charged with felonies like jack smith is pursuing today. Trace mike davis we appreciate your time as always. Thank you, sir. Thank you. Trace meantime, the gop president ial candidates are also weighing in on the latest trump charges. Bill melugin is live with that reaction. Bill, good evening. Reporter trace, good evening to you. Reaction pouring in already to this latest Trump Indictment including from those who are running for president against donald trump in 2024. His former running mate and vicepresident mike pence releasing a statements very critical of trump saying todays indictment serves as an important reminder anyone who puts himself over the contusion should never be president of the United States. On january 6th, the former President Trump demanded that i choose between him and the constitution. I chose the constitution, and i always will. 2024 gop candidate Vivek Ramaswamy took a much different approach heavily criticizing the Biden Administration and the justice department. This sets an awful precedent in our country. Theyre going full banana republic, full third world on this. General Rule Of Thumb is if youre going to try to indict a political opponent and a former president in the middle of an election, it better darn well not be based on an unprecedented, untested, flimsy legal theory. Reporter and Florida Governor ron desantis, a frequent target of trump criticism, tweeted that if hes elected, he would fire the fbi director and end the weaponization of the government writing in part, quote, i have not read the indictment. I do, though, believe we need to enact reform so that americans have the right to remove cases from washington, dc to their home districts. Washington, dc is a swamp, and its unfair to have to stand trial before a jury that is reflective of the swamp mentality. In South Carolina senator and gop president ial candidate tim scott releasing a Statement Today saying hes concerned about the weaponization of bidens Department Of Justice which he says hunts republicans while protecting democrats. Trace. Trace bill back to you as Breaking News later. Thank you. Lets bring in Fox News ContributorLeslie Marshall and former Senior Advisor to the committee garrett ventry. Thank you both. Garrett to you ben dom witch made a fair point when he was saying the whole idea of criminalizing political speech is kind of amazing. He said whats next, do we indict people saying al governor won in 2000, Hillary Clinton for saying Donald Trumps not a legitimate president . Whats happening . Where is this going politically . Thats exactly the precedent that jack smith wants to set here, right, going after free speech, political speech, thats protected clearly under the First Amendment that President Trump had every legal right to bring up under the constitution and the First Amendment like we just said here. The second part of this is what you just brought up, trace. You would have to go back, al governor rejected the results of the 2000 election. Barbara box or senator of california in 2005 rejected those in 2016. A number in congress rejected those results. You would have to send everybody to jail. The second is the timing which is interesting. The first indictment which mike davis brought up the document case, 24 hours before that we learned joe biden was allegedly involved in a Bribery Scheme from an fbi informant whos seemed to be credible here with comer and grassley has said and the second indictment which comes today, we learned just yesterday that devon archer, a Business Partner and longtime associate and friend of hunter biden, is alleging that, as a firsthand witness, joe biden, you know, essentially was the sell from hunter biden to these foreign Business Associates and was put on Speaker Phone over 20 times. And so, again, i think all this is coming out in a very interesting time here. Trace sure youre not the first to note that. Congressman mike johnson tweeted no surprise at all following devon archers damning testimony yesterday the doj drops more charges against donald trump. Their efforts of distraction can never change the real problem. President biden is in serious trouble. And like hes pointing out leslie, its not just this time, its happened a couple times. Theres a pattern here of releasing this Information Indicting the president at key times which maybe its nothing but it looks kind of interesting. I would agree the timing looks interesting. I would also have to say you have to read the entire transcript of archers testimony which he clearly repeats over and over, joe biden did not discuss business in those conversations. We havent read the transcripts yet. It was like hunter was mid dad is the vicepresident let me call him on the phone and hell say hi to you thats very different. Trace wouldnt we need the transcript to be released first. All portions of the transcript thus far we have seen through not just journalists and congressional members on both sides of the aisle and theyve quoted them what we have seen so far i would like to have that in its entirety. I am not a big fan of the former president but i would say this actually looks worse for the six coconspirators the latest indictment. And the reason for that is, with the exception of former vicepresident mike pence saying he was pressured, which im really not sure the First Amendment, thats a gray area would cover, you can have free speech but you cant pressure me to do something illegal which overturning an election is unconstitutional but we think the six coconspirators are they have the finger pointed to them more so than donald trump trying to take action. Trace i want to put this poll up, New York Times sienna poll head to head, it is a dead heat, dead heat if you look at the stakes in the delegate breakdown bad news for joe biden, trump gaining in points but hemorrhaging money garrett because he has to fight all these legal fees. Well, yeah, i think thats why again the timing of these indictments are so interesting. They could have did this 2. 5 years ago. You have to remember this is joe bidens doj Attorney General hand picked Special Prosecutor trying to put joe bidens political opponent in jail here. This poll head to head here is very interesting here. Its showing in this poll not only is it 43 43 biden trump dead locked but in this poll 39 of voters only approving of joe bidens presidency that is abysmal number and 63 saying its going in the wrong direction. Last thing ill say is if you dig into the poll and look at the results, donald trump, theres really good news that hes gaining steam with African American voters and hispanic voters, key voting blocks obviously that will decide the 2024 election. So again head to head here this is really good news for President Trump as we continue to see joe biden slip in the polls and again the state of the economy and those things are not a good