Special counsel jack smith was ever a serious lawyer, he lost that distinction tonight. He now has the sole dysfunction of being a political hack. The attack on this nations capitol on january 6th, 2021 was an unprecedented assault on the seat of democracy, the department of justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. This case is brought consistent with that commitment. Laura well by listening to this guy you would think that trump himself was smashing through the glass at the capitol that day. That was one of the most demogog would assume that trump was alleged to have carried out the capitol riot. This is the criminalization of disinformation in order to get a conviction he will have to use material in of in my view is clearly protected by the First Amendment. Laura now this case should never survive a motion to dismiss, a motion of summary judgment, obama judge ever do the right thing, i want to remind you she worked for Hunter Bidens law firm at one point. Boys and shiller. I have my doubts about her. Trump said nothing and did nothing to trigger any criminal charge on january 6th, any. His crime was believing and saying that the election was rigged. Thats what they want to send him to jail for. Excuse me, how is that any different from when the democrats complained that thing were rigged in 2016 . Or in 2000 after bush v. Gore. For that matter, why wasnt Stacey Abrams ever charged for calling her loss a fraud in the georgia governors race . Why at it . Is why did jack smith decide to hand down this absurd diatribe today, i am sure the timing is purely coincidental. Not only is biden at 40 approval a low in that new cbs poll, he is plummeting in the polls against trump, basically even across the country. And trump is dominating in the gop primary, it doesnt look like anyone is going to start him right now. After devon archer testimony, we can see with our own eyes that joe biden is wobbling under the weight of his own longstanding corruption. The bidens have been on the take for years selling influence and trumps crime is disagreeing with the outcome of an election will, complaining to the governor over the phone, speaking at a rally . We all know what this is, this is just another, a long line of political hitjobs under the guise of federal Law Enforcement, we care about the system. Theyve charged grandmothers and Military Vets who merely walked into the capitol through an open door and they did that to send a message to the public at large, do not even think about standing up for someone like donald trump again. Dont think about it. We could send you to jail. And now they are indicting a former president of the United States to protect biden and the entire Dc Establishment from scrutiny. The doj does not care about what is happening in this country right now, where real crime is running wild or chinese spies are crawling all over the place, they dont bring the same fanfare, same emotion, to human trafficking, the fentanyl explosion. One overriding goal, dragging the decreep i had joe biden across the finish line in the next election, yeah, by any means necessary. The doj is effectively the Biden Campaign headquarters at this point, they have nothing else. Of course he is not going to run the Traditional Campaign or Campaign Like we have gotten used to, serious candidates campaigning, he can barely stay awake during a podcast. If the doj can actually get away with this, then anyone whoever speaks out against the Dc Establishment and does so forcefully, anyone who takes a stand on issues from china to the border to trade, they are all vulnerable. Now tom massi joked yesterday it would help desantis if he got indicted. If it looked like desantis was close to beating trump he would be indicted. They can swap you with tens of millions of dollars of legal bills, sending migrants to california, he kidnapped them, i could see that being charged. Look, they can harass a poor 54yearold Building Manager at maralago as they did last night or the personal valet of donald trump in an effort to squeeze the whole process and squeeze out some type of cooperation from those two people, they dont have any money, they dont have any status but they can be targets like anyone else. Look, as i see this, if this is allowed to stand, this is not your country anymore. Because, look, as far as they are concerned, the establishment, the populous, they got to be in charge from 2017 to 2021 and that the swamp intends that will never happen again, they will not let that happen again. So, no, i do not take any of this document serious tonight because these people are not serious, they are frauds and this document is designed to do one thing and one thing only, drive trump out of the race so they can move on to their next victim. Joining me now is timothy former tornado for President Trump and tohlman, as an attorney, two different bars, i am disgusted tonight reading this indictment. Am i wrong in feeling like this is a prosecution of a political disagreement and a political opponent going into a president ial election . You know, reading that indictment, the thing that jumped out of me is exactly that, they are not citing anywhere where he admits he knew what he was saying is false, its a detailed version of What January 6th Committee tried to do, well he received advice from some people and advice from other people that contradicted that, so he should have decided to follow the people that we agree with. And so, how you can then spin that into actual knowledge that these claims of fraud were false, i dont think you can get to that point, it really is all about what his State Of Mind is and the indictment was somewhat underwhelming on that point to me. Laura underwhelming, i dont know what document you read, its beyond underwhelming. I read a lot of indictments in my day and serious cases involving white collar criminal defense, my old life. Bret, what am i missing here . Donald trump thought the election was rigged, we all know it, he said it forever. Now that is essentially a federal crime. Really . You know, laura, when you watch Hollywood Movie where they are portraying some fantastic, amazing athlete but using an actor who doesnt have the right swing or cant make the jump shot, that is what this prosecutor is and that is what this indictment is, its cringy, drafted these and presented these To Grand Injuries to sit and watch him manipulate and the legal wrangling he has to go through in this document to actually criminalize thought, criminalize legal advice, criminalize a legal position and a strategy that whether they are right or wrong they had believing that this election was rigged. And so, you dont see any reference tameness rea, the criminal intent, they cant find criminal intent in donald trump or any of these four lawyers, political consultant and a civil lawyer in doj, those are the coconspirators in this case. Laura msnbc is trying to frame this as a moment where america is at a crossroads but for another reason than we are, watch. It is one of the biggest cases ever in the history of the United States, it is up there with dread scott. It is up there with Brown Versus Board Of Education because it goes to who we are as a people. Jack smith did something to restore confidence in the rule of law in unimaginable ways. Laura tim, that is the former Solicitor General for the obama administration. That is the individual who argued cases before the Supreme Court. So, his point is, because its historic it must be good. Well talk about that legal analysis for a moment. Well, first of all, neil katial is a liar. When i went on msnbc after the Trump Indictment at maralago, because he didnt want to address the substance of those arguments, he lied, he made up court cases saying this was rejected by the appellate courts. For him to have any credibility whatsoever when talking about donald trump, to me is completely shot. I dont think he read that indictment before he made those statements. I mean, when you look at this thing they are talking about you have to find that he had knowledge and yet jack smith his team has not even finished their investigation, they havent interviewed some of the most key witnesses on that point. They rushed to an indictment this week, waiting until later this month when they actually finished their investigation, whether because of hunter biden or because he was afraid that fannie lewis was going to beat him to the punch. He brought a sloppy indictment before he finished an investigation. Laura i mean, bret, the former speaking of having no credibility, Andrew Mccabe was on the other networks, this was his analysis of the indictment. All conspiracy statute, so they require that the person charged entered into an agreement with another person to commit the criminal act and of course executed at least one act of furtherance of that agreement. A majority of House Republicans voted to disenfranchise voters of pennsylvania, voters of arizona. If you see a legislature indicted in this case, which im not sure that we will, if you do its going to be someone who went beyond just their voting. Laura bret, they are at the point they are not going to just put trump in jail, but i guess a member of congress who supported donald trump, do we see where this is going . Thats what they want. Thats right. Thats what they want. They want to go after politicians, anybody that disagree with them. You look at section 241 thats the charge they are bringing, a civil rights claim against them and thats their conspiracy. That charge in the lang raj of the statute says a conspiracy to injure another who is trying to assert their constitution exercise their constitutional rights, that does not apply here, they dont care. They know they can get the indictment and pursue the case and they can get the objective that they have in place. I mean, this thing is not just weak but there are problems when, you know, i agree with what you said, laura, this is a motion to dismiss which is rare in a criminal case. Laura right. They didnt present any of the evidence that might have been ex Pull Pat Tory to the exculpatory to the grand jury case. Laura can you speak to the motion to dismiss, to survive a motion to dismiss what does this prosecutor have to have established in that indictment . Well he has to establish that he has evidence of every single element of that crime. Laura right. Who knows what they presented to that grand jury, the big problem is as prosecutors they dont have to present everything to the grand jury, if you have 20 witnesses saying it didnt happen and only one who said it did, can you put that one witness in. And were kind of seeing that here because they havent interviewed the most important witnesses on that key element of knowledge, they waited until after the indictment, you know, to even have those those interviews scheduled. So, are they going to go back to the grand jury and say, hey, sorry, we didnt give you everything, here is a lot more information . I very much doubt it. You know, i think they are going to have issues of brady violations with the withholding. Laura exculpatory information. Its a mess. Here is the other thing. A case of this magnitude is going to go long past the election. Laura well, but we seek a speedy trial. Okay. Former president of the United States and tied at the very least tied with biden right now. We gotta get a speedy trial. Is he kidding me with this i am going to Say Something i am say on tv, that in and of itself was a Laughing Stock Line tonight. Especially since, laura, they waited 2. 5 years to bring the case, now give me my 70 days. Laura exactly. Tim and bret stay there, we are going to be back to you in a few moments. I want to remind everyone, we are talking about the timing tonight. So, on june 8th the fbi released documents to congress alleging that biden took the 10 million bribe from bburisma, in the maralago documents case. On july 26th, Hunter Bidens sweetheart plea deal blew up, when the doj tried to protect him and give him immunity from future, then the next day, jack smith added more charges against trump in the documents case in whats called a superseding indictment, are you with me on the pattern here. Yesterday, bidens former Business Partner devon archer that joe biden was on over 20 phone calls with his sons Business Partners and burisma execs were on the phone call as well and helped, they wanted hunters help in pressuring washington to fire that ukrainian prosecutor who at the time was investigating burisma, thats what we learned in that. Just like clock work once again today we get the latest indictment related to january 6th. Joining us now House Oversight committee share james comer, congressman, are the American People at this point supposed to suspend all belief in common sense and think that this is all just one a series of coincidences in these Charging Documents and the timing of it . I think the American People see whats going on. Whether or not this is a weaponized department of justice trying to divert away from Biden Corruption or taking out their chief political opponent in the upcoming election. The American People see this. This is a sad day for the rule of law and a sad day for the Justice System in america. Laura right now we see they are charging him with two counts of conspiracy that require an intent that in the documents, as i read it, has no evidence of intent. They cannot at least, i mean, withholding it from him if they have that evidence. But i dont see it in this document and thiamins rea is required under the statute, period. As someone who is paying close attention to both of these investigations, i can tell you with confidence, there is a lot more evidence out there that would prove joe biden has committed crimes than there are of donald trump committing crimes. And thats a fact and i think laura, the American People see that. You know, to say that jack smith has overwhelming evidence that donald trump was the person that was behind the january 6th attack on the capitol, and say there is no evidence that would show joe biden had any knowledge of his family receiving millions and millions of dollars from all these foreign nationals that we now know joe biden had spoken to, had dinner with or met with or messaged i think thats preposterous i think that American People see through this. Every time donald trump gets indicted from now on, he is going to see an increase in fundraising i think what jack smith is doing is having Unintended Consequences for what their ultimate goal is and that is to take donald trump outlaw law or wound him grievously, wound him, force him to raise money or spend money to pay for all these legal bills. Congressman, the indictment sounded at one point when you are reading it like they were describing some of the acts of the Biden Administration that you have been documenting, saying that faith because we see that faith in every institution has collapsed under democrat rule including, you know, the Supreme Court, the military, so prosecutors claim in the indictment that for the two months after the election of 2020 trump spread lies to create an intent atmosphere of trust and miss anger and erode the faith in the election. The Biden Administration does nothing but spread lies and distrust in public institutions, thats what they do on a daily basis. I feel like someone broke into our notes of Oversight Committee and plagiarized them only they put them down for donald trump instead of joe biden. Its a joke, absolute joke. The damage joe biden has done to our system of government is irreparable. Mayors have no confidence in the department of justice, no confidence in the fbi, losing confidence every day in the entire government and thats not a good thing, no confidence in the irs. We have to change that and all that joe biden is doing every day and Merrick Garland every day is to make a bad situation worse, they want to win, have Self Preservation, thats the ultimate goal for the deep state bureaucracy in washington d. C. And that Self Preservation and donald trump stands in the way of their Self Preservation. To your point, comer, whistleblower addressed president bidens involvement, watch. You werent allowed to follow the normal investigative steps that would potentially shine more light on these issues. Every time that we needed to ask questions about president bidens involvement in relation to the business dealings, we just werent allowed to do that. Laura well congressman, again, with the two tiers of justice here, they werent allowed to investigate into that connection but they have dozens and dozens of prosecutors and lord knows how many Civil Servants going after trump on multiple fronts. The two most damaging things for the irs investigation have been revealed in the last two weeks by the Oversight Committee, first of all, we