Donald Trump prepares to surrender in New York

Donald Trump prepares to surrender in New York

‘The Big Sunday Show’ panelists discuss the indictment of former President Donald Trump by a New York grand jury. #foxnews #fox #thebigsundayshow

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Hello everyone I'm Alicia Acuna along With Joe Concha Molly Hemingway and Andy McCarthy and welcome to the big Sunday Show the big story tonight former President Trump's unprecedented Arraignment less than 48 hours away at This time tomorrow Trump is expected to Be in New York ahead of the hearing and Here's how Tuesday will shake out at About 11 A.M he'll arrive at the Courthouse where Trump will be Fingerprinted and photographed at 2 15 The arraignment begins and it could last As little as 15 minutes then Trump flies Back to Mar-A-Lago where he will speak Publicly about the indictment against Him his attorney making this bombshell Announcement earlier today Take the indictment we will dissect it The team will look at every every Um potential issue that we we will be Able to challenge and we will Challenge And of course I very much anticipate a Motion to dismiss coming because there's No law that fits this now the details of The indictment are typically undersealed Before the arraignment takes place but There are reports that Trump will face As many as 34 charges If the charges are exclusively along the Lines of the reporting before I came on It'll be a it'll be a Class E felony and There is a upward range that involves Prison and a downward range as you noted

That involves no prison whatsoever uh so That's what we have to wait and see uh Really only district attorney Bragg Knows what the evidence is Are related to the hush money Scandal Trump's legal team and many others Including former Attorney General Bill Barr say that doesn't amount to a Campaign Finance violation Case will actually an illegal basis it's Pursuing somebody on the there's nothing Inherently wrong or illegal about making A hush payment They're saying he he falsified the Corporate record but for that to even be A misdemeanor you have to be trying to Defraud somebody and it's unclear Exactly who was defrauded this is his Own company from the federal standpoint The idea that this was a campaign Finance violation is simply wrong it's Wrong on the law So we're going to expand on this idea of Intent to defraud uh and Andy I'll go to You on this because this is a really Important Point yeah it sure is the way That we you know most people I think who Especially non-lawyers you would say if The charge is falsifying business Records and they they have something in There that does not represent the Reality of the business transactions Isn't that falsifying business records But that's not how we read statutes this

Statute aside from saying causes Something to be false also has the added Element where it says you have to have An intent to defraud so it's not enough To just show that there's something in The records that's false you have to in Addition as the prosecute approved Beyond the reasonable doubt that there Was an intention by doing the fall Century to commit a fraud Um this isn't all I don't think it's all That different from you know in federal Cases which we've talked about a lot Over the years you know and it's not Enough in a full statements case to make A full statement right we have this Whole thing about materiality you have To show that it was not only that it was False but it had some threat of Importance to the investigation here in The in the state what they're Essentially saying is it's not enough to Just have a false entry you have to show That he was trying to commit a fraud so What will happen in the case is the Government as it typically does will try To have a very expansive interpretation Of what fraud means so it'll be like Anything that you could do that would be Deceptive which almost gets you to the Point of if it's false in the records Then it's fraud right and the defense Will want a more common sense Interpretation of what fraud is which is

You're trying to basically get money or Property out of out of someone by a ruse Or out of something and that's important Because there's no allegation here that Anyone has heard of before that the Trump organization or Trump himself Committed any kind of tax evasion or Prolonged any you know financial gain Out of this so they'll want that Interpretation of fraud right yeah and His his team has been making Right because they've been making the Rounds um but and again we haven't seen The indictment and everyone is waiting For that but we have heard quite a bit About it and through our own reporting Including other agencies as well um know That there's likely 34 charges right and Take a listen to what Alan dershowitz Harvard law professor emeritus says uh Had to say he's accusing someone in Maybe the DA's office or the grand jury Likely leaking information about the Indictment listen Never in the history of America has Anybody ever paying for an NDA done that And never in the history of America has Anybody ever been indicted for not doing That right I don't think any right Thinking person will tell you that this Indictment would have occurred but for The fact that the man's name is Donald Trump not that he's a past president but That he is a potentially future

President running against the head of The party the Democrats it's very likely That the reason we know about this Indictment and how come we know about it Hasn't been made hadn't been made public Uh is because somebody either in the DA's office or in the grand jury Probably leaked this which is a more Serious felony as far as I know there's Been no investigations of the leap Concha go to you Fair Point by Mr Dershowitz very fair point where's the Investigation right and we saw it so Often Molly knows this from her book Leaks out of the FBI right about certain Allegations against Donald Trump got Andy McCabe fired I believe right for Leaking to the Wall Street Journal now He has a cushy job at CNN story for Another time uh but this is all to win In the court of public opinion right It's to embarrass the former president Who is now a presidential candidate and When you hear 34 counts right Andy boy That sounds pretty ominous but it could Be a matter of count stacking but I have A question for Andy if that's okay if This case fails and you Jonathan Turley Almost every legal analyst that I see on TV even on other networks that don't Like Donald Trump very much much say That this is a very leaked case does it Have any impact on the Georgia case for Example because once you fail here in

That court of public opinion it looks Like you're just going after the guy Until something sticks you know look Joe Every trial every criminal trial is a Jury trial right you know there's what The law says and then there's getting a Jury unanimously to agree that it's been Proved Beyond A Reasonable Doubt Trump's approach to all these cases is Going to be that the Democratic party as It has been doing since 2016 when the Law enforcement and intelligence Apparatus of the government was put in The service of the Hillary Clinton Campaign they're going to say this is Just the next chapter of it and that They are using their government power in A partisan fashion to go after someone That they regard as their arch nemesis That's a powerful argument if they play Into it by bringing a very weak case That turns out to fall flat it's Interesting it seems so much like the First impeachment trial of president Trump right where you knew the ending The Senate wasn't going to vote Two-thirds of it anyway to remove the President it was all about fermenting Chaos and to bring a very negative Blight around Donald Trump by impeaching Him I just feel like this is the same Way it'll eventually fail but maybe Winning the cases and the goal weakening Trump may be the goal well and the

Will this even Trial and James trustee former attorney for the President former president says that he Doesn't believe a gag order will happen Listen I think he'd comply but I also don't Think it's going to happen I mean you're Talking about you know one of the Reasons he's being politically Persecuted is he's running for president Against somebody who who unleashes doj Against him during the election season So I think it would be very difficult For a judge to impose a gag order on a Person running for president you talk About having a profound effect on this Country a gag order would do just that Molly and he makes the point you know it Would be difficult for someone running For president but particularly difficult If it's that it would be um former President Trump oh absolutely and we did See a lot of these gag orders during the Russia collusion hoax when various People were indicted and it did make it Difficult to talk about it in this case You know it's good that they say that They think it's unlikely to have it Happen but it's why so many people are Bothered about this not just that former President Trump is a former president or That these charges all seem very trumped Up but also he is currently Far and Away

The top uh top person in the Republican Primary for running for the next Presidency and he he has tons of support You know more than half of the Republican voters are already saying That they're behind him he raised like Four or five million dollars in the 48 Hours after this indictment was leaked Or it was announced and so this is Something that is a lot about election Tampering you know we cared so much During the Russia collusion hoax that Thing where Hillary Clinton falsely Claimed that it was legal expenses that Um where she spent Millions to create The Russia collusion hoax that it was a Legal expense during that period of time You know we had so many problems here With election interference this is Massive election and interference right Could I could I just add to what Molly Saying on this also Every day we're going to have something Like this because they've decided to Intrude law enforcement into electoral Politics on what seems to be a flimsy Basis the proposition that a court can Tell not just the lawyers who would who Would control as as uh the you know as a Member of the bar right but the Litigants that they have to they have to Stay silent about what's going on in the Case is a very dicey proposition under The First Amendment and almost never

Done in most cases so the thought that You would not only cross that Rubicon But do it in connection with a guy who's Running for president and as Molly says Is now the leading Contender at least For now on one side is just it's Mind-boggling but it's just what we're Going to get every day is we're in this Crazy land here we are right yeah here We are going to Brian Kilmeade I want You to do me a favor I want you to click To subscribe to the Fox News YouTube Page this is the only way that I know For sure that you're not going to miss Any great commentary any great news Bites any great interviews coming your Way on Fox you can get it all here on YouTube so subscribe right now

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