Everybody. Its 6 00 here on the couch in new York City. 72 degrees, its Room Temperature outside. Lawrence well take it. Steve Room Temperature inside, too. Ainsley with the heater. Steve wednesday, august 28th, 2024 edition of Fox Friends. Fox news alert. Donald trumps team looking to dismiss another indictment, a Superseding Indictment by special Counsel Jack Smith with early voting starting next week, what does this mean regarding Donald Trumps case for the election . Lawrence Kamala Harris finally agreeing to her first formal interview since taking over as the democratic nominee. But only with her Running Mate. Does she need backup for moments like these . You need to get to go and be able to get where you need to go. The significance of the passage of time. So when you think about it, there is great significance to the passage of time. Brian take it from here, governor. Lawrence unbelievable. Carley cant get enough of that its on repeat. Cant have a bad day when you are watching Fox Friends, right . But a New Study reveals exactly what time the average american knows if their day will be ruined. Brian for us its at 5 59. We will find out. Fox friends starts right now. Remember, your mornings are better with friends. Steve all right. Lets start with this, a Fox News alert. Former President Donald Trump has been indicted again, a Superseding Indictment in the Election Interference Case brought by special Counsel Jack Smith. Ainsley the indictment was revised after the supreme Courts President ial immunity ruling last month Lucas Tomlinson joins us from washington with the latest. Hey, lucas. Good morning, guys. A federal Grand Jury in the Nations Capital indicted Donald Trump once again in the Election Subversion Case brought on by special Counsel Jack Smith. The 3 Page Indictment is an attempt by smith to streamline the case following the Supreme Court immunity rulings mentioned ainsley last month. Here are the four new charges, Conspiracy To Defraud the united states, conspiracy to obstruct an official proceeding, an obstruction of an attempt to obstruct an official proceeding. Almost sounds like two charges right there. And conspiracy against rights. The Superseding Indictment was presented to a new Grand Jury that had not previously heard the case. This new Grand Jury only heard the new information, according to the court filing. The move is a sign that Jack Smith believes the Supreme Courts immunity decision last month does not bar him from moving ahead with his goal of convicting former President Donald Trump. There is very little chance this case will go to trial before the election. The judge in the case is a biden appointee. Tanya chutkan. Trump pled not guilty to the former indictment. The former president come out and said the charges against him election interference. Days before early voting begins next week. See if it begins on any polls in the election. People opt for early voting may be missing on an october or potential september surprise. Brian what time is it new indictment . President gets a surge of money. Thats why he was quick to hop on truth social you got to be kidding me. You cannot be serious. Dust flew up. You remember that. Ainsley lets bring in federal Prosecutor Nehemiah into manny. Good morning, thanks for having me how will this effect the election and is america tired of this dont know what it means i dont think this will effect the election at all more narrow indictment really the evidence we are talking about came out January 6th hearing, the Impeachment Proceedings in congress and that first indictment. Because of the supreme Courts Decision, Jack SmithJack Smith had to remove charges including jeffrey clark. Take those out because the Supreme Court made it clear that those communications with the doj, those are official acts and, therefore, subject to immunity. Brian the Grand Jury looked at this and said yeah, we have to indict him on this. So then it goes up. What is the exact next step . What kind of timing are we looking at . Well, we know Grand Jury will indict a Ham Sand Witch the fact that smith got an Indictment Isnt surprising. None of this was going to happen before the election anyway. Now that we have a Superseding Indictment and arraignment. The former President Isnt going to likely have to appear in court to plead not guilty to this new indictment. This is going to push everything back well past the election. We know the wheels of justice are slow. They are even slower when we are dealing with novel legal issues like this that will certainly be litigated again to the Court Of Appeals and to the Supreme Court. Steve timing shouldnt surprise us because Trump Side and Jack Smith side were supposed to submit papers by friday that explained how this case would be impacted by the supreme Courts Decision regarding president s have broad immunity when this comes to official acts. Thats right. The justices, even though they ruled that there is some immunity, they didnt really draw clear lines. They did with respect to the department of justice communications, about you that was it. The challenge here is there is immunity for official acts. So what are official acts . We know if the former president is acting as the chief enforcer of our nations laws, including our election laws, that is subject to immunity. But, if he is campaigning, those are private acts and is not. So where is the line drawn . The justices, even the conservative justices in the Supreme Court they didnt draw that line. They kicked can down the road. They remanned it or punted the case back to the Trial Court in Judge Chutkan and made that decision. Lawrence nehemiah, im curious, does this fall within the department of justice standards. I know some of the motions had already been years ago, considering everything was at a dimentd of justice does have informal 60day rule. They are not supposed to file charges in that period before an election because it may effect an election. Now, in this case obviously the case was pending. It was stayed or put on hold while the case was appealed and ultimately when it came back down from the Supreme Court, the judge needed to restart the case. And even though the Superseding Indictment has been filed, trumps lawyers were almost certainly file another motion to dismiss, this was more of a defensive maneuver by smith to try to avoid getting that case dismissed. We are a little bit more than 60 days out from the election. Technically, under the doj policies, this doesnt violate their guidelines. Brian all right, neama, thanks so much. Appreciate it a lot of huge news as it relates to the campaign 2024. First and foremost, it looks like the Vice President is going to sit down for an interview before the end of the month like she promised it. Will be tomorrow and with her Running Mate. A lot of speculation on why. The campus saying well, we know Governor Walz and Kamala Harris got a chance to meet each other doesnt really understand all the nuances of what she stands for and what she is running on that. Makes two of them. She doesnt seem to understand or reiterate it in specifics anyway. So they are going to sit down with Dana BashOn Cnn. Its going to be a taped interview. Lawrence i dont understand why he cant watch the interview like the rest of us and learn. Brian had to go on together you think it looks bad. Steve get the story straight. Watch the interview watch the policy and Start Reg Regurgitatg the talking point. Brian they are on the bus together. You think he could come up. Ainsley she has the word salads. She is very confused. She gets caught off guard. Brian do you think could work against her . Ainsley if she has her Running Mate sit next to her. They are both going to be prepared. He can hop in when he sees her going down the wrong Path And Vice versa. They have a lot to explain. Steve ainsley, in other words, is he essentially is her cohost. Ainsley correct. Her tv husband. She is going to have to explain her policy shifts. Her campaign is now flipflopping. Does she agree with her campaign . Is she actually flipflopping. We need to hear where she stands on these issues . Did she know Joe Bidens mental decline. Walz is going to have to talk about his Military Service because many are calling that stolen valor. He claimed to be something that he wasnt. He also said he got this award from the chamber of commerce. Brian in nebraska. Ainsley they asked him to take that off his website and his left wing policies. Steve they are going to be interviewed by cnn. Dana bash is going to do the interview. She got the exclusive. Everybody is going to be watching it. You got to wonder why she wound up with it. Well, as it turns out, she had done three interviews with Kamala Harris before. In 2020 she said that she had a conversation about Bill Barr living in a different reality than once they were elected. Danna barb is the first person who interviewed Kamala Harris after she was elected and the first person who interviewed her after the roe v. Wade thing. You got to figure the Kamala Harris team thought okay, she was fair before. She will be fair now. Lawrence one of the things she is going to be asked about is the economy. When you look at 2019, which is what she supported she supported the green new deal which includes a federal job guarantee. Brian not only that, she cosponsored it. Lawrence exactly. Now the campaign says she no longer supports federal jobs guarantee. This is the campaign. Not her. Ainsley when it comes to energy, she endorsed we all heard her say over and over she is going to ban Oil And Gas fracking. That was in 2019. Look at that 2024 now the campaign says she does not support a total ban on fracking. Brian this whole thing with federal land and expanding federal land where you Cant Drill and frac, that is a subtle way of banning it. Shadow banning it. When it comes to healthcare, she supported medicare for all. Then she said did i say that . I didnt mean that. Campaign says she will not push medicare for all. Why do you even ask . When it comes to crime . She was going to be tough. A Progressive Prosecutor looking to end Cash Bail, having a real big heart for the criminal, now she designed the campaign as a pragmatic prosecutor taking on predators and fraud centers. I would say this. There is a downside. Because there is a lot of her party who want the no Cash Bail who want to be easy on it. Meanwhile it was Donald Trump who did the criminal justice reform. Ainsley lawrence, this next one, that was the latest Flip Flop. Lawrence unbelievable when it comes down to the Border Wall in 2019 she called it a medieval Vacket Project and said it was a waste of taxpayer money. Brian she said on the view. Now apparently in 2024 vows to allocate millions of dollars by continuing to build The Wall, Border Bill negotiation. Brian, yesterday, i think you kind of teased. This it was only going to be a matter of time before she said build The Wall. Brian when she came out and said i am for no taxing on tips. I was flabbergasted i and other people after. We just had the luxury of doing the Morning Show being on first. Whats next is she going to be for the Border Wall . What do you know . Ainsley that Bass A joke. Brian only a week away. Steve we also said she he would be wearing a red Maga Hat soon. Ainsley there she is on the New York post. Steve of course that is a photo op. We should add some context to her current standing about the Wall And Stuff like that. Axios said, what she supports is the bipartisan Border Bill, which was going through the senate. Which does not have any new money to continue building The Walls. It simply extends the timeline to spend the money from the trump years. There is this new legislation has restrictions to make sure that apparently no wall is built. But burr barriers are built. Brian The Wall is a barrier. Ainsley millions of dollars appropriated under Donald Trump for the Border Wall. We just heard the man on Fox Friends first who said all those all the parts of The Wall are still on my property. They are just sitting there. Four years later, he says why are these materials still on my property . The wall was paused. Now shi is saying all that money, the millions of dollars that were allocated for The Wall, now im going to use all of that money. We are going to build a wall. Brian 53 of the public when asked are now for The Wall. In 2016 that number is in the low 40s. Most of them were republicans, they were for trump and some republicans say we dont really need that wall. Even though george w. Bush did a ton of it. Bill clinton built a dozen The Wall. Chuck schumer and harry lived used to be for it. When Donald Trump ran on it, they had a problem with it. We found out The Wall works, now they want to build it. What Tom Homan said yesterday is so on the money. Okay, its on the ground. You could see the even the equipment needed is sitting there we are paying for it. Start tomorrow. Lawrence all the technology that is there as well is rotting and paid for by the way. Steve that was in the bipartisan Border Bill we heard so much about that did not get passed. Anyway, nonetheless. We have put together a little montage of where she has said she is against that wall through the years and we thought we would show it to you. Brian should have had Paul Annika sing this. On the subject of transnational gangs, lets be perfectly clear the president s medieval Vanity Project is not going to stop them. And he has held up the united States Government and its workers around his Vanity Project called a wall. This president s medieval Vanity Project called a wall. He talks about that wall. He wants everyone to be preoccupied with his billion dollars, multi billion dollars Vanity Project. This issue is about a Vanity Project for this president. Right. Lawrence i dont understand how she is going to be able to ex