Running back the presidency. Never getting a glimpse a part of his defense. Quickness is unprecedented. It affects not just donald trump, it affects every american who now realize the First Amendment is under Assault Progress Trump attorney john lauro joins us like to detailing Teams Legal Strategy then. Republicans release the closeddoor transcript of devon archers testimony about his Business Dealings and the president s son, hunter and the allure of the biden brand. None of those conversations ever had to do with any Business Dealings or transactions buried there purely what he called casual conversations because everyone understands that as the brand, that is the access it. It was not an illusion of access for. Completing narratives with members of House Republican chip wright of texas and Jake Auchincloss a democrat of massachusetts. Another republican president ial hopeful meets with Volodymyr Zelenskyy and kyiv. Quick to need to be with ukraine on this Fight Progress Gop Field is split on support for the key Foreign Policy issue. Think the europeans really need to take the lead progressively will ask our sunday panel about shifting panels to run it u. S. Aid to ukraine. All this week on Fox News Sunday. Shannon Hello From Foxnews In Washington for another unprecedented week in president ial politics with all of the attention on donald trump the former president dominant front runner for the republican nomination for this time, back here in the nations capitol where he pleaded not guilty to Felony Counts as Special Counsel jack smiths investigation into alleged efforts to overturn the 2020 election. Trump will not appear in person this thursday in florida after he pleaded not guilty to new charges in a superseding indictment with the classified documents case there. That same day. There is a hearing on a motion filed by trump steam in georgia to remove the d. A. From her investigation into alleged efforts to overturn Election Results in that state. Bonnie willis has indicated indictment of trump or others could be eminence, all this Attention Deflecting from the rest of the gop field vying for the white house in 2024. For President Biden, who at 80 years old is running for a second fouryear term and could face a potential Campaign Liability and his son hunters own legal troubles lets turn out to trump attorney john lauro welcome to Fox News Sunday. Good morning. Okay, lets start here Friday Night The Press of the former president had a post that wound up in a filing before the court here is Project Smith office met a friend to the judge of the ine d. C. Case citing this, if you go after me, i am coming after you smith is not as the judge for a protective order arguing this the court needs to take action that sink at the defendant were begin to issue public post using details are for example grand jury transcripts obtained and discovered it could have a harmful Chilling Effect on witnesses or adversely affect the fear and menstruation of justice in this case. The judge asked you to respond by monday he filed asking for an extension she said no. So how you were Spot On Monday and do you worry this could escalate into a potential gag order . This is the problem with bringing a political prosecution in a political season. President trump was responding and apolitical way to some of his political opponents. The Biden Administration once the judge to put in place in order that will prevent the press from obtaining exculpatory and Material Information that might be relevant to these proceedings. Even though mr. Trump, President Trump has argued from the very beginning as i have this is an attack for this indictment is an attack on us fo his first ri. Note the Biden Administration wants to do is to deny all americans the opportunity to learn Nonsensitive Information about what the case involves. In a political season. We have to remember that President Biden, back in april 2022 which he repeated in November Of 2022 was that he was going to take President Trump out the election but even though President Trump is his most significant opponent. Now, we see the Biden JusticeDepartment Acting on the biden plan. So, President Trump in the middle of a political season was certainly entitled to respond politically. But make no mistake about it this is an effort to prevent President Trump from running for president ironically the same theories that are being used in this indictment against President Trump could be used against President Biden for enlisting his Justice Department under the biden plan to prevent donald trump from running for president. Shannon you say this is an attack on the person of the Justice Department recognized the former President Trump had and has a First Amendment rights to say thanks the indictment itself it says this, the defendant had a right like every american to speak publicly about the election and claim falsely there had been outcome determinative fraud during the election and that he had won the rest of the indictment is about the conduct not just the speech. Well, yes the First Amendment protects conduct as well as speech. But what the Justice Department, the biden and menstruation doesnt do what is the conduct at issue . President trump did not issue any Executive Orders or do anything in terms of using levers of Executive Power he simply petitioned and asked State Legislatures and state officials around the country to act responsibly. I back to petition, not directed he petitioned his own Vice President ultimately to pause the voting on january 6 in order to allow the states to weigh in on auditing or recertifying. All of that is court First Amendment protected speech. Affect everyone whether you are president of the United States are an ordinary citizen like you or me can petition their government with the grievances or redress actions taken by the government. That is exactly what President Trump did this is core political speech thats being attacked or the biden plan. Shannon you know the argument and talk about conspiracy and type anything you want to put Thbutthe Allegation is underling conspiracy is not free because of free speech issues i want to read something from new republic says this, at the unbounded view of free speech applied consistently it would eliminate most state and federal crimes they say perjury is free speech. Could be argued, bribery speech many times the fraud Insider TradingIdentity Theft is speech forging checks is this a First Amendment protects all kinds of things but organizing a coup detat is not one of them. Your response . Well, what you think the obvious problem is with that statement . None of those examples involve a political speech that is the points. All those examples involve core criminal activity. But what we have here is a political speech where President Trump is petitioning the government. Of course saying something fraudulent and a prospectus or an Accounting Statement is not protected. Or robbing a bank is not protected. But all of those examples are ridiculous because the First Amendment protects political speech higher than any other speech. The reality is if you are going to talk about the law you have to understand what the First Amendment sfirstamendment says t stands for. And all of the examples in this indictment or core political speech. Every single thing that President Trump is being prosecuted for involve aspirational asks. Asking, State Legislatures. Asking state governors. Asking state electoral officials to do the right thing in fact even asking Vice President pence was protected by free speech. None of that is illegal. We have the right in our system to petition our government pick up some task you quickly, you have said you think this move by the protective order is to keep people from seeing all the information. So would you be okay with the president support, televised trial . You have to go through all kinds of hoops and rule changes in those kinds of things but let the American People see every minute of it and decide for themselves . I personally would love to see that. I am convinced the Biden Administration does not want the American People to see the truth. They acted on it by filing this protective order which is an effort to keep Important Information about this case from the press i am shocked actually all the networks have not lined up in filed pleadings already objecting to this very broad attempts by the biden attempt by the Biden Administration to keep information away from the American People during the election season for the American People have a right to know. Of course joe biden does not want that to happen. Shannon will watch for your response to the judge and the Justice Department on that point on monday of course will follow all this. John lauro thank you for joining us. Thank you. Before todays legal battle at barkley law professor former Deputy AssistantAttorney General john yoo and Andy Mccarthy former assistant u. S. Attorney for the Southern District of new york. Gentlemen, great to see both of you. This fight over the televising of the trail there a lot of democrats a lot of folks on the left lighting up saying they want to see it. Now its unlike the president s legal team at least his Attorney Says they are for it to you, and he does it happen . I doubt it. There is a lot more at stake than just this particular case. I happen to be a naysayer on this i was i was a good thing federal trials were not televised. I think it makes a lot easier on the witnesses, im sure it makes a lot easier on the jurors she would get people do not want to serve on juries if they were televised spectacles it also makes for a better trial. I hope they do not go down that road but usually when i hope Something Like that, the opposite is what happens. [laughter] shannon we will see theres going to be a lot of maneuvers pretrial here brenda wanted to talk to change about this he ran out of time but the issue of venue part he has talked to my getting it out of d. C. Were 92 of the 2020 results came in in favor of President Biden pretty want to read something from the judge in this case an order from another trial at which theyre trying to venue move because of generally six on the political surroundings of that. She said this, defendants assumptions concerning Party Affiliation the district are not an appropriate basis for changing venue. Jurors political leanings are not by themselves evidence the jurors cannot fairly and impartially consider the evidence presented and apply the law as instructed by the corporate that is in a different case. Same arguments are probably going to be made here, jon, any chance they move venue . I seriously doubt it pretty think the judge here got it basically writes right to say d move venue would mean basically every Single Person in washington d. C. Was biased against donald trump. Think about the larger implications it would mean donald trump could not or any of the generally six the protesters could not be tried in any state with a large democratic voting population like the entire state of california or the entire state of new york or illinois i do not think thats the case and said thats why we have individualized questions for each potential juror to see if there is bias. The receipted or not based on their answers and Donald Trumps counsel mr. John lauro has every right to object and strike any of those years we have a system that tries to eliminate bias we can truly neutral and impartial jury. Shannon the top of the first event thats going be the heart of their defense this was all speech, its protected political speech. Jonathan turley writing about this, he says the complaint is based largely in statements protected under the First Amendment. It would eviscerate free speech could allow the government to arrest those who were accused of spreading disinformation and elections he goes on to say the folks who hate trump so much they cannot see straight, they do not the chilling implications of where this complaint is going. But andy, you know the Argument Speech is one thing underlying conduct or pushing an alleged conspiracy is another. Yes, shannon there is kind of a cart before the Horse Problem here. I am very sympathetic to jonathans argument as a prudential reason why the Justice Department should not get involved in an electoral context and interfere with politics unless you have put Attorney General bart used to call a meat and potatoes of crime a very serious offense that is supported by very convincing evidence. But it is a doctrine of law the First Amendment does not protect you from evidence to prove conduct. That is why we do not get First Amendment arguments in mafia cases and other kinds of crimes. Its not that you are banned from making the statements but they can be used as evidence for conduct. For me, the bigger problem for the governments case is whether the think they have charges conduct. Like a herd in the clip you played you do not get to organize a coup detat against the government. That is fine. But when they show me this section in the penal code that says illegal to do it trump did to organize a coup detat against the government then i will believe it. But they cannot tie him to violence. I think they have charged him with was not actually a crime that the defect in the case. Shannon if People Ar Sing headlines they may not realize the government also chose to not try for incitement, for insurrection, for seditious conspiracy. Those are things not in this indictment. That is exactly right, shannon. Implication or consequence of how the Justice Department chose to try this case they do not have the facts to connect President Trump at least not yet with the generally six attack you do not see the chargers everyone expected you do not see incitement to insurrection. You. Do not seek which is attacking the government or preventing the execution of the laws which is what jack smith as Special Counsel talked on and on when he publicly released the indictment. Instead they had to fall back to these claims which are really not suited for this kind of a political offense if this is what it is like defrauding the government which is usually what you see for Government Contractors are Medicare Fraud or obstructing congress its more like Witness Tampering or the one that seems the worst fit of all, conspiracy to deprive people of their constitutional right when what trump was doing