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were so gallantly streaming. ♪ and the rockets' red glare, the bombs bursting in air -- ♪ gave proof through the night that our flag was still there. ♪ o, say does that star-spangled banner yet wave -- ♪ o'er the land of the free and the home of the brave ♪ rachel: we begin the morning with this: former president donald trump hits back at special counsel jack smith after the justice department unseals a 37-count indictment. pete: the indictment claims trump illegally kept boxes of classified documents at his home in florida. will: alexandria hoff is live in washington with ...

>> reporter: hi, good morning. yeah, we will likely hear from the former president today as prosecutors allege that he went beyond keeping the documents in his home, going so far as to show them to people and had the bulk of them spread out in random storage spaces throughout the estate and at that residence. trump is the first former president to face federal charges. he's accused of violating 7 broken down into 37 counts including 31 counts of willful retension of national defense information, withholding and concealing documents, making false statements and conspiracy to obstruct ...

♪ ♪ believe, believe, believe, believe in your love. ♪ so you'll catch me when i fall p right? ♪ and you'll hear me when i call crying. ♪ and you'll fix me when i'm broke, right? if. ♪ and that's all i need to know. ♪ so the storm is gonna break, right? ♪ and the sun is gonna start shining. ♪ and everything is gonna go right. ♪ and that's all a i need to know. ♪ what if you know something i don't? ♪ what if you will something i won't? ♪ you don't give me what i want, but you give me what i need. ♪ is that must have to believe, believe with, believe, believ...

I've talked to him when he's overseas, i've been in air force one, marine one -- >> okay, but you never answered my question directly, how many times does your phone ping you need e to get in this race, they agree with me that he's not up to the -- >> i would say concern. >> it's a fair question. >> i see where you're going. >> i'm asking. >> ask i'm not answering. pete: the shadow campaign continues. rachel: yeah. every time joe biden gets in deeper trouble like this form that you talked about that came out this week talking about ukraine and burisma, suddenly he appears and rei'm a great bac...

You pick our candidate. you think this establishment guy should be our nominee? you pick him. there'll be a lot of protest voting. no one else will choose who we put forward -- rachel: so true. pete: i mean, i don't know if think of them will do it -- rachel: what will it tell you if some show up, but the ones who don't -- pete: watch how desantis played the first alvin bragg indictment the wrong way. voters were like, really, you're not going to to back him up? will: he's been different this time. pete: he's been slightly stronger this time. a lot of them haven't been. vivek's been really goo...