Rating that everybody should be more concerned about right now . It did not hip stocks today. Well tell you all about it. All right. Welcome. Im neil cavuto. Lets get to it. To Griff Jenkins where it will all go down tomorrow. The third time weve been through this drill, different city but the same drill. Explain what happens. Third indictment in four months. Good afternoon, neil. In exactly 24 hours from now, 4 00 p. M. At the court behind me, we expect the former president to make a first court appearance, possibly be arraigned. It comes after jack smith indicted him again in delivering short brief remarks that some thought were politically charged. Listen. The attack on our nations capitol on january 6, 2021, was an unpredented assault on the seat of american democracy. Its described in the indictment, it was fueled by lies. Lies by the defendant, targeted at obstructing a Bedrock Function of the u. S. Government. Trump is facing four counts in this indictment. You can see them here, Conspiracy To Defraud the United States. Obstruction of official proceeding and conspiracy against rights. Jonathan turley says smith has a high bar to meet in prosecuting this case. What if he did believe that the election was stolen . Can you convict him on that belief . The answer is probably not. They have to show that he probably didnt believe any of this. That doesnt make for a very good criminal case. And i think that the best argument for his team Going Forward is not to relitigate whether the election was stolen, but to focus on that moment in time. Were learning more about the judge who will preside over this trial. You can see her here, neil. Shes a 2014 Obama Appointee to the bench and handled since january 6 riot cases and notably delivering the harshest sentences in some of those cases. Back out here, we expect to see the Security Preparations begin to ramp up a little bit. We think that this will probably look something similar to what we saw in june when trump was arraigned in miami at that federal courthouse over the alleged mishandling of classified documents. Neil . Neil thanks, griff. Lets go to Mark Meredith right now with the president in rehoboth beach, delaware. A lot of criticism that the Justice Department is far busiest helping out allegations against the former president and slowmoving some of these allegations that have come about with hunter biden and his Business Relations that might involve the present president. What is the latest . Neil, good afternoon to you. Republicans are accusing the Biden Administration through the Justice Department of creating a double standard. Prosecuting some people to the fullest extent of the law and giving others a slap on the wrist. President biden has yet to weighin on the latest legal involvements and we also have not gotten a white house statement. Hes yet to talk to the press about the congressional investigation to how his son, hunter biden, made millions of dollars overseas. Monday, house lawmakers interviewed a former Business Partner of hunter biden who reportedly told lawmakers that hunter would put his dad, then the Vice President , on the phone with those over seaseas associa. The white house says theres nothing improper happening. The white house says republicans keep promising bomb shells, but they fail to produce any. Republicans are directing their outrage at merrick garland. They publicly floated the idea of impeaching him. Kevin mccarthy insists theres a reason that republicans are angry. Mccarthy said everybody in america can see what was going to come next. The dojs attempt to distract from the president on to trump. Now, we expect to hear more from the Justice Department in the weeks and months ahead including from the u. S. Attorney out in delaware handling the case involving the first son, hunter biden. Hes agreed to talk to lawmakers but we dont know when that hearing will be scheduled. We still have the drum beat from Speaker Mccarthy about the impeachment case. Well see if things change next month. Neil from that, were getting mixed messages from republicans about how far they want to go. Theyre not quite on the same page there, are they . Theyre not. Weve heard republicans from the house that have said theyre worried there could be too much too fast happening here. They want to make sure that they get their ducks in a row before they go down that road. Whether or not the horse has left the stable is yet to be seen. Neil yeah, nancy mace says it could jeopardize republicans in the next election, right . Yeah, that next election will be here before you know it. A poll that came out in the times showed the president still with an under water Approval Rating and tied in a hypothetical matchup with former President Trump. So you think about that. Where they are right now. Is there a possibility of the president benefitting politically from an impeachment inquiry, would he see a rise in the polls . Thats yet to be seen. The white house making it clear they dont want to go into the realm of what will happen next, where are we going to go. The president will be focusing on the issues. Yes, this week hes on vacation. Next week, talking about the economy, making a swing out west. Well likely see a different image from the white house while most of congress is on their summer break. Neil yeah, they have the stage to themselves is. Thanks, Mark Meredith. Lets step back and get a legal assessment with where we stand, the one involving the former president and the other the present occupant of the white house. Andy mccarthy back with us and tom dupree, nicole parker, special fbi special agent. Thanks to all. Andy, if i can begin with you with first off what the president is likely facing tomorrow. Weve gotten kind of used to this. The third time were going through this. But this is washington d. C. , different traffic rules, i understand. Help us through this. What will this be like . Because theres been an arraignment or an indictment, this is an arraignment. Its a proceeding before the court in which the former president will be asked to enter a plea to the indictment that was just filed yesterday. He will obviously enter a plea of not guilty. It will be choreographed in the sense that because of the security concerns, the Secret Service will have collaborated with the Court Personnel and the other agencies involved in the case to make sure that the former president is ushered in the court, is processed as everybody is when they get brought in to the criminal Justice System. Theyll bring him to court, it will be short. He will enter a plea, bail will not be an issue in this case. And what will happen is the case has been assigned to a judge. Its not clear to me whether the judge will do this proceeding tomorrow or hand it off to a Magistrate Judge as is pretty common. But they could very well start setting a schedule for pretrial motions and the look as early acc tomorrow. Lets get into that a little bit. I believe youre talking about this Federal District judge. She was appointed by barack obama in 2014, tom dupree. Shes known to be harsh when it comes to rioters and has handed out the stiffer sentences to them. Im wondering, knowing what you do i know these are random selections, like a lottery for judges chosen here. How do you think this will go . I think its a very significant difference than what President Trump has experienced and will experience before say judge cannon in florida. The judge is an Obama Appointee. She had a number of these january 6th cases before and blazed a different trail than the other federal judges in d. C. In some of these january 6 cases, shes imposed harsher sentence than the government was pushing for. Shes had some involvement in the january 6 document discovery. Her order opened the flood gates that allowed investigators to get ahold of trump materials. Shes different from judge cannon in which she has Background Familiarity with the January 6th Investigation and probably not going far out on a limb that she wont be as favorable to former President Trump as judge cannon has been. If i can switch gears with you guys, concerning devin archer and his question and answer session with the House Oversight committee Behind Closed Doors. People are hoping for a transcript or some sort of exact detail of what went down there. Democrats say it wasnt damning at all to hunter biden or for that matter the president. Republicans just the opposite. There does seem to be this criticism you hear maybe from republicans that theres a double standard of justice going on here. What do you think . You know, as far as we know right now, based on what we heard without seeing the transcript, absolutely seems like theres a two Tier Justice System here. The things that hunter biden allegedly did in that maybe joe biden was involved with, if that was on the other side, if President Trump was involved in that, theres no way that he would get away with that. Its very interesting. With this transcript coming out allegedly tomorrow, based on the patterns that weve seen, i wouldnt be surprised if theres a fourth indictment of President Trump coming in friday based on the pattern that weve seen. Every time theres mounding evidence against the bidens, the next day without fail, theres another count, another indictment or something against former President Trump. Andy what do you make of the significance of just getting that transcript and people at home reading it for themselves . People always see things and understand that through the prism of their biases or their own politics, so republicans will assume the worse, democrats say its not so bad. Lets move on here. So will that settle some of these issues . Sure, it will. We get to see it for ourselves. I think, neil, that the republicans im not saying this in a partisan way because i support them more idealogically. Its a fact. Theyve been much better about getting these transcripts public when they dont need to be under wraps. I would contrast that to the russiangate situation where especially in the Intelligence Committee run by adam schiff, they would cherry pick what they took out of the stuff that went on Behind Closed Doors that they let us see. By that way they were able to sort of fabricate a version of events. Its always much better to have the full transcript. The one other thing i would add about the twotiered Justice System that nicole was talking about, we at least have an indictment of former President Trump that well be dealing with tomorrow. With hunter biden, we have crimes that go back to 2014. Every day the statute of limitations is running because the biden Justice Department has not filed an indictment. Neil its interesting when you step back and look at what were learning in the pursuit of donald trump, justified or not, were up to 78 different counts and charges over three sweeping indictments. Some will say fully justified, some say overkill. Im not smart enough to know myself. But on this it certainly can be said even in the handling of the Plea Bargain Deal for hunter biden, it was sloppy, ill prepared and in the end unsuccessful. No guarantee right now can it be sorted out even though were told doj is still investigating. Do you have confidence that they are . I was just going to say, my sense is i dont have a lot of confidence that this investigation is going on. I say that for a few reasons. One, i was absolutely shocked by the way that whole plea bargain played out. These are sophisticated lawyers. Its unimaginable that would come to court with this deal, asking the judge to bless and not have reached an agreement on the most fundamental question of all, whether this agreement would insulate hunter biden from prosecution of further crimes. If i was hunter biden, i would take the deal enwithout future immunity. Hes getting a favorable deal pleading out to two misdemeanors on the tax counts. Im not quite sure what doj is up to. Were told this investigation is going on and on. Its been going on for years and we have seen very, very little when it comes to actual evidence or actual charges. Neil we might get a better idea on both in the next 24 to 48 hours. Meantime, the debate rages on for what is the more important story. Thank you all very much. I apologize for the truncated time. Were going to take a quick break here. There is another big news. The fact that the fitch rating service, which sort of weighs the quality of the debt of countries around the world, just down graded our from triple a, first time they have ever done so. It follows the likes of Standard Poors doing the exact same thing in 2011. That ding in our top Credit Rating at the time has stayed below aaa and now fitch investors are saying were not confident that the American Financial act is together or that both parties are keeping it together. Let to a huge sell offer at the corner of wall and broad. The Rating Agencies are saying we dont have faith in you at all. More after this. I used to wait to run my dishwasher til it was super full. Now i run it daily. Weekdays weekends you might think thats wasteful, but its not. Even half loads use 80 less water than handwashing. Saving 130 on utilities. Cascade. Dare to dish differently. Lowes knows a Style Refresh is even more refreshing. When its at the right price. Thats why, weve we pull our favorite looks together instore and in in the app. So it is easy to get the look you want for less. You got this. We got you. vo Verizon Small Business days are coming. From august 7th to the 13th. Now is the time to partner with our experts. Get started today with verizon business. Its your business. Its your verizon. This isnt just freight. These arent just shipments. Theyre promises. Promises of all shapes and sizes. Each, with a time and a place theyve been promised to be. A promise is everything to old dominion, because it means everything to you. Hit it it takes two to make a thing go right it takes two to make it outta sight one, two, get loose now it takes two to make a. Stay two nights and get a 50 best western gift card. Book now at bestwestern. Com. Neil son of a fitch see what i did there . Fitch is an Investor Service and joined s p that did the same thing, down graded our aaa rating, which is the highest in the world. Now were at the second highest. Theres no guarantee that other Rating Agencies might not follow in the same direction. Fitch is concerned about the Financial Health of our country and how we deal with our finances. Edward lawrence has more now. Edward . Neil, yeah, fitch down graded us to aa plus. They look at the deterioration of the economy over the next three years. Theyre looking at this game of economic chicken over and over and over again that the white house plays with congress over the debt ceiling. Fitchs decision is puzzling in light of the Economy Strength we see in the United States. I strongly disagree with their decision and i believe its entirely unwarranted. So the Administration Official called me and blames former President Trump for a down grade saying in talks with treasury, fitch mentioned the events of january 6th at the u. S. Capitol even though its been more than 2 1 2 years since that date. Republicans blame President Bidens policies over 2 1 2 years. Were on track to have over a trillion dollars in deficits added to the debt. Its just unsustainable no wonder fitch has down graded us because we tonight have a solution in place. The republicans have a solution. The democrats want more of the same spending. Theyre Thelma And Louise driving off the cliff. Pushing the gas. The American People are the ones suffering through higher inflation. All of this worried Market Watchers that are looking at the u. S. Stability through the worlds eyes. If we continue to run the country, if the government is as divided as it is and looking like something is between a third world Banana Republic, then i think the rest of the world is going to look at the u. S. And question what kind of Reserve Currency the dollar and is it a trustworthy government as far as where people park their capital. Ive heard others say theres a growing debt bomb. As the debt increases, the bomb will go off at some point in the future. Neil . Neil thanks, edward. Mark tepper here. No longer aaa what do you think . As you alluded to, moody it is next to follow in line. Were in a world of hurt right now. Were talking about 32 trillion