Former acting U.S. Attorney General Matt Whitaker discusses the ‘frightening’ implications of the indictment of former President Trump. #FoxNews

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Thank you with that let us bring in Former acting U.S attorney general Matt Whitaker Matt great to have you as Always you heard the president's Attorney Joe Tac to penis say there's Going to be a motion to dismiss in all Likelihood you heard your successor say There's really no legal basis for this Claim as we know it based upon the facts As we know it so don't you think that Trump's motion to dismiss should be Granted Yeah there's no doubt it's good to be With both of you this morning but There's no doubt in my mind that the Legal basis for this case is very weak You know not only on again if everything Is to be believed and it's coming from Serious sources that have you know good Information this indictment is going to Be mostly a falsification of business Records you know that has two elements To it it doesn't appear that the facts Support really either element but the Thing that concerns me the most is the Separation of powers issue and that is That you have a local D.A trying to Enforce federal law on campaign Finance Violation and that's a very concerning Thing because you know the feds looked At this issue both the southern district Of New York and the Federal Election Commission both who have jurisdiction Over federal election laws and they

Passed on that case and so the fact that Any local D.A can take up a case under Federal law and pursue it against their Political enemies I think it's a very Concerning precedent and I expect that The motion practice in this case you Know not only will make law but will Probably be Define a lot of the the Cases going forward so do you think Because you talk about this precedent Said do you think it's dangerous a Dangerous precedent to be said and that All politicians should be worried anyone Who's under investigation or under the Microscope right now [Music] Yeah Ashley and I think you know if Somebody's a politically ambitious local D.A this this case if it's allowed to Proceed and is successful ultimately Which I don't believe it will be but Let's assumed for the purpose of the Argument that it is I think that opens Up thousands of local DA's to now go After their political uh opposition not Only at a local level but at a federal Level and so I think this is a really You know we've crossed the Rubicon here In American jurisprudence and this is Where the system needs to work you know The system both at the state level and At the federal level has to work not Only for Donald Trump because this isn't Just about Donald Trump this is about

Really the future of our Republic and Whether these local DA's can use their Power to embarrass to harass and to Ultimately attempt to imprison uh people From the opposition party it's it's it's Frightening quite frankly Matt there's Also talk of a gag order in this case And typically gag order would be to make Sure that the defend it in this case Donald Trump gets a fair trial gag order Is not something that Donald Trump wants He wants to be able to run with this as Part of his campaign this is something That Bragg wants what do you make of That Yeah Todd and that you just said it as Part of his campaign this is there's a Major First Amendment question on a gag Order and that is can a candidate for President of the United States be Prevented from speaking out from Campaigning Um you know and obviously the Contours Of that is going to be very difficult We've seen so many leaks from the Prosecution side the New York Times Appears to have a a real-time Line-by-line as to what this case is About and how it's to proceed and you Know I don't see a judge having any Appetite to go after Alvin Bragg in his Office but at the same time you know Donald Trump who's a candidate for President and has a significant First

Amendment rights is going to be gagged From speaking about this and it's Obviously this points to why it's Political because it's going to prevent President Trump from running for President 100 best point made yet today Matt Whitaker thank you so much we Appreciate your time I'm Steve Ducey I'm Brian Kilmeade and I'm Ainsley Earhart And click here to subscribe to the Fox News YouTube page to catch our hottest Interviews and most compelling analysis