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a harsh trump critic with a long and sordid history with the former president. watch what he said. >> that indictment landed like a dud. right? commentators across the spectrum are saying boy, there's not much here. raises all kinds of questions about the legal theory behind this case. they'll have a tough time facing motions to dismiss. unimpressive document. >> martha: so interesting, right? kellyanne conway and mark penn here. buff first, legal analysis from judge jeanine pirro, co host of "the five." great to have you here today. a day into this, you look at it and go what is he ...

Previously where bragg thought he had the right judge. >> martha: absolutely. he's had two successful prosecutions of the trump organization. does he want this on thinks record if he doesn't have the confidence in what bragg brought to him? he has that opportunity. thanks, justice. great to see you. judge jeanine pirro. great to have you with us. let's bring in kellyanne conway, former counselor to president trump, now president of k.a. consulting and a fox news contributor. mark penn, former clinton adviser and pollster and chairman of the harris poll. kell kellyanne, to you first. let's put ...

Indict. so they're saying yes, it's political but i also think it's the right thing to do. what do you make of that? >> well, they know the threshold for indictment is fairly low. i think the first poll is particularly advisable for each of us. independents will decide who the next president of the united states is. they will carry the day in november 2024. they look at this as political more than legal. all the polls say that clearly. in that 76% cnn poll of independents saying that politics played a major role, 52% said strongly so. we as pollsters are looking for that intensity. it's diffic...

When even CNN is recognizing it, you know it's bad.