♪. trey: good evening and thank you for joining us i'm trey gowdy it is "sunday night in america". for the first time in history of former president of the united states was found guilty of criminal charges, it happened in the new york state courtroom on all 34 counts. this is one battle in what promises to be a much longer w war. >> remember brad did not want to do the case, he came out he said there's no case everyone tells me this is the easiest case they've overturned but they don't care because they wanted to last until after the election, the only problem so far my poll numbers have gone up. trey: how did we get here prosecutors have more power than any other participant in the committal justice system there would be no judge want where sean presiding if alvin bragg had not brought the case. they brought this case despite a record of being soft on crime, bragg struggles to find cases worthy of his time and resources except for election leading cases against political opponents, if surprising negative stories during the campaign is really a crime, you better start building more prisons, donald trump will be sentenced to july 11 days before the republican national convention, actual prison time is unlikely because alvin bragg for the most part does not believe in prison but we shall see whether bragg and judge mershon put up first-time defender in a nonviolent case behind bars. joe biden likes the justice system this week. >> as reckless, it is dangerous, it is a responsible for anyone to say this was rigged just because they don't like the verdict, our justice system has endured for 250 years and literally is the cornerstone of america. our justice system the justice system should be respected and we should never allow anyone to tarry down it's as simple as that. >> that's pretty rich given how often he criticizes the supreme court and he didn't seem too happy when special counsel rob her referred to him as a feeble man who could not remember enough to face criminal charges for possessing classified material. time will tell whether he likes the justice system with his own son handing trial on gone and tax charges next week. one thing is for certain the justice system is on the ballot this fall, do we want a system where prosecutors like alvin bragg promised to go after political rivals in the left-wing media cheers, do we want a system where the right is tempted to do the same thing when it regains power or would we prefer a blindfolded woman simply holding a set of scales who could not care less if you are rich, poor, black, brown, white, male, female, republican, democrat, what we decide to do with the justice system will determine what is left of this great nation, joining us attorney and former new york congressman lee zeldin and heritage vice president roger forgive me my favoritism is going to come through i have to start with my old colleague lee zeldin. congressman i thought the verdict was about what you would expect with a vague indictment appropriate seek you judge an appropriate seek you set of jury instructions, that all leads to a guilty verdict. >> when president trump or what president biden is referring to not being happy with the verdict because people are calling it rigged. that we have been critical of this process long before the jury first had an opportunity to weigh in on the case before it. alvin bragg campaigned on a pledge to take down president trump and he comes in on day one as you were referencing how you would refuse to prosecute times across the border and treated as misdemeanors and you take a case that was declined by the department of justice, declined by the ftc, declined by sy vance alvin bragg predecessor in the judge on this case and somehow the same judge on the trump organization, the banning case as if he's the only judge in new york, jury instructions really trying to drive the jury toward one option one option only, that is to find president trump guilty, that is why people have been saying the whole process has been rigged throughout, this description i provided is beginning to scratch the surfa surface. trey: the speaker of his house is a good lawyer in his spare time, let's listen to what he had to say. >> i believe the supreme court should step in obviously this is totally unprecedented and dangerous to our system. i think the justice on the court i know many of them personally i think the deeply concerned about that as we are and i think they will set the street, this will be overturned there's no question about it it's going to take time to do it. mike is a really smart guy but i would be surprised if the u.s. supreme court stepped in. i think there is going to be a sentencing in july and i think there will be a state court of appeal, i think this is going to be an issue in november but let's assume i'm wrong about all of that what are the best issues on appeal from your standpoint from the u.s. supreme court standpoint and from a state of new york standpoint? >> if you don't like the phrase rigged how about railroaded president trump was railroaded because this judge had the jury instructions that said you could choose your own adventure your three potential options how you can convict president trump and you don't have to be unanimous as to which one of those counted is. that violates the due process that violates the sixth amendment, you have to be able to be confronted by the charges so you can defend yourself it could have been four jurors on one count and for another important another that's not how you run the justice system, if president trump is put in jail there is a petition you could go straight to federal court if it goes to federal court could go more quickly and go to the supreme court is either under habeas corpus you process under the sixth amendment if it goes quickly it'll go to the supreme court and i agree and this is on the road to reversal which was all about politics from the beginning it was not about justice it was not about law it was trying to interfere with the election through the courts instead of the ballot box. trey: i was in the courtroom or the overflow room for four days, i was a prosecutor and i know what pro prosecution judges sound like an look like and roll like i've never seen a judge this pro prosecution, there is a temptation to want to take an eye for an eye, that is human nature there is a temptation to do to them as they may have done to us, how do republicans fight back without turning our justice system into a nether political weapon depending on who has power. >> first thing making sure that were settling the score at the ballot box, this is election interference and this is meant to lock up president biden chief political opponent and bankrupt president trump and his family and in some of these cases remove them altogether from the ballot so voters cannot pick their next president for them, anyone who wakes up the day after the verdict comes out in their motivated than ever to do something about this, then get active we saw tens of millions of dollars raised in the first 24 hours for president trump people can sign up and volunteer and we need to make sure that these people are not rewarded with more power. for americans out there that are upset with what is happening it's important to make your voice heard by talking about this case when you're talking about the other issues that matter to you and ultimately voting and volunteer or donate $5 along the way. >> roger monday morning quarterback it is a tough job but i will ask you could it have led to a different verdict or a hung jury it's very hard to run for office and be a criminal defendant but was there a theory that you think could have worked in hindsight? >> i really don't think so i predicted there was going to be a conviction and yet a politicized prosecutor with a politicized judge with a politicized jury poll in manhattan, we knew what was going to happen from the beginning but there's not much that could've been done maybe they could've objected a bit more in the closing arguments the judge allowed the prosecution to allege there was election crimes that the conviction of cohen matters to whether or not trump did it and there are other errors, the defense did a very good job but the deck was stacked against them from the beginning they were out to get trump and they got them at this stage. trey: i'll tell you why it's hard to object when you never win the jury thinker tried to keep stuff from them, it's a horrible look i would've sat on my hands because every time they objected it was overruled, lee zeldin, thank you so much i have a suspicion the three of us will be back together at some point in continuing this conversation, thank you for joining us on a sunday night. >> up next a dying empire that's how young voters described u.s. politics the presidential debate is this month, believe it or not what is the state of the race and will the verdict have 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[ romantic music plays ] ♪♪ beautiful stair renovation, sir. and they're covered with your home and auto bundle with progressive, so you get round-the-clock protection. so, is gabby coming down? oh, she said she'll meet you at the prom. shell renewable race fuel. reducing emissions by 60%. ♪♪ we're moving forward with indycar. because we're moving forward with everybody. shell. powering progress. trey: welcome back to "sunday night in america" it is hard to be a criminal defendant, it's hard to run for president and nearly impossible to do both at the same time. but donald trump is trying. >> this should've been a non- case, everybody said it was a non- case including bragg and then they saw the polls i was leaving the republicans, i was leading the democrats, i was leading everybody and all of a sudden they brought it back. i'm honored to be involved because were fighting for a constitution. >> democrats may have won the battle but they may wind up losing the greater war after the verdict trumps fundraising took off old enemies took his side and his supporters say more resolved than ever, while trump was inside of a courtroom joe biden had his sarah get robert de niro away and. >> donald trump wants to destroy not only the city but the country and eventually he could destroy the world. trey: i would say robert de niro sounds deranged and unhinged but that's not fair to people who are really deranged and unhinged. it is not just old hollywood actors who are panicking. >> were not coming up to the democrats because democrat messaging is full of crap. >> the white house is tone deaf and not listening there is a total freezeout on outside advice to the detriment of joe biden and, here's. >> the time is running out, we're six months out and i think we have to be honest there is a chance this guy could win if we don't fight harder. trey: i wonder if they stopped to ask why why is president biden losing to or in the close battle with someone under multiple felony indictments why is president biden in a close battle were losing to someone on the left that thinks is a threat to democracy. could it possibly be that voters are tired of the hyperbole that you just heard could it be the left is not talking about what the rest of america actually cares about, joining us now axios politics reporter staff and democrat strategist kelly heineman welcome, thank you for joining us i was right there in new york listening to robert de niro i didn't even need a microphone i could hear him he sounded like an escaping from the psychiatric ward, why would president biden use him as a surrogate there are so many persuasive's arrogance i may disagree with them but they're good sarah gets that he could have sent why pick a hollywood multimillionaire to try to relate to folks struggling with inflation? >> that is something you're going to have to ask the biden campaign i think the issues are key and we have to see what's going on with america and they have an important decision to make and 2424 and ultimately it's going to be their choice of who they want in the oval office, do they want someone who is been convicted and will be a felony once the nominee happens it was 78 years old or do they want the current administration that's what's great about our country no matter on the right or the left you can voice your opinion and get out to the polls and you can vote. trey: the debate is coming up president trump former president trump has yet to pick a running mate, what else in your judgment can change the margins of this race. >> the reality is all the polls show this is good to be a very close race between former president trump and president joe biden and we've talked to strategist who said it'll come down to 6% of voters in just about six states, the six key battleground states that are going to decide ultimately who will be the next president of the united states these are small groups of people who are still undecided there are only small numbers of people who can still be persuaded between now and november and we see increasingly that partisanship in the u.s. has created people who have decided trump supporters will not leave him no matter what it's unlikely that the latest conviction on 34 counts will impact his base that supports him there and we also know there are never trumper's and people get about provided no matter what, number one whether we see black voters continue to stick with biden or if we see as polls have shown more black voters especially black male voters switch and vote for trump that could be a population that could make or break and providing especially in the key states and another thing how rfk junior factors into all of this. we've seen there is healthy support for independent candidate and we see it as a protest vote so depending on how the people whether there trump supporters otherwise were biden supporters who end up casting their vote for rfk junior come november could be a huge determining factor. trey: i want to pick on something that staff made reference to. i'm not good" james carville has a limited vocabulary that consist of bad words and i would get in a lot of trouble if i said but in essence of it, he does not like the message biden is sending to voters of color, biden picked up black vice president and put a woman on the supreme court, why is there angst about black voter turnout and support given that? >> i cannot speak for him but we have to look at the facts and the facts are key and we have to look at how african-americans were affected under the trump administration. i think that is key and african-americans according to the statistics were just personally left out from trumps tax cuts, offered can american household only receive 5% of the benefit of trumps tax law despite making up 13% of the households, we have to look at trumps track record with african-americans and we can start when he was president. trey: i want you to take us home on reflecting how the justice system will factor in to this fall election, the justice system in reality or perception has become an issue in the minds of voters whether a nursing student in georgia were misdemeanor in new york or robert hur's report on biden or biden on trial next week the justice system seems like important issue but who does it benefit? >> that's a question i think were all waiting to see how the latest convictions against former president trump layout with the american public if republicans and trump campaign seem very confident that this will ultimately help tra trump s factored in to the way that the reaching out to black voters and they think that talking about trump as a victim of the justice system that might help them with certain groups of voters that they're trying to win over and peel away from president biden right now and he's not the only one facing serious legal issues here hunter biden is also going to be facing his own trial which is expected to be in piercing and expected to take up a bunch of biden family drama that the president would rather not have out there, these will be huge issues between now and november and americans are distrustful. trey: i'm glad i went to law school i never thought it would help me talk about presidential politics but i need to apologize to my law professors, they prepared me for thank you for joining us on a sunday night i look forward to visiting with you soon. >> thank you. trey: the future of the supreme court is doomed if you ask the left they miss souter, brennan and black man and gop judicial pics that turned out to be liberal justices, fox news contributor ben dominates breaks it down next on "sunday night in (♪) heartburn makes you queasy? 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