MOLLIE HEMINGWAY.
FORMER ASSISTANT U.S. ATTORNEY
ANDY McCARTHY.
FORMER PRESIDENT TRUMP IS
GETTING READY TO LEAVE HIS
PENTHOUSE AT TRUMP TOWER AND
MAKE HIS WAY TO LOWER MANHATTAN
TO THE COURTHOUSE.
HE IS BEING CLOSELY GUARDED BY
THE SECRET SERVICE.
THIS IS A PRETTY FLUID
SITUATION, BUT HERE’S WHAT WE
KNOW SO FAR.
FORMER PRESIDENT EXPECTED TO GET
FINGERPRINTED ONCE HE’S INSIDE
THE COURTHOUSE.
IT REMAINS UNCLEAR IF YOU WILL
HAVE A MUG SHOT TAKEN.
THEY HAVE BEEN GOING
BACK-AND-FORTH ON THAT TODAY.
WE DO UNDERSTAND HE WILL NOT BE
HANDCUFFED.
REMEMBER, I TOLD YOU ON TUCKER
COUPLE NIGHTS AGO THAT NO, THE
SECRET SERVICE WOULD DECIDE THE
TONE OF ALL OF THIS.
THE TONE WOULD INCLUDE WHETHER
TO HANDCUFF HIM WHICH IS A
COMPLETELY DIFFERENT VISUAL FOR
THE NATION TO SEE OR NOT.
HE WILL NOT BE HANDCUFFED.
HE WILL THEN BE ESCORTED TO THE
15TH FLOOR OF THE MAIN
COURTHOUSE WHERE THE HEARING
WILL TAKE PLACE.
IT’S EXPECTED TO LAST LESS THAN
30 MINUTES.
VIDEO CAMERAS HAVE BEEN BANNED
FROM THE COURTROOM TODAY BUT
THERE WILL BE SOME STILL
PHOTOGRAPHS TAKEN.
DURING THE ARRAIGNMENT, THE
INDICTMENT WILL BE UNSEALED, AND
THOSE CHARGES WILL FINALLY BE
REVEALED, ALTHOUGH
ANDY McCARTHY AND I WERE
TALKING ABOUT THE GRAND JURY
LEAK.
WE KNOW SOME OF WHAT’S IN IT.
FOX NEWS HAS BEEN TOLD BY
MULTIPLE SOURCES IN FACT THAT
TRUMP FACES MORE THAN 30
CHARGES, AT LEAST ONE OF WHICH
IS A FELONY.
TRUMP IS EXPECTED TO PLEAD NOT
GUILTY TO ALL COUNTS.
LATER TONIGHT, THE FORMER
PRESIDENT PLANS TO RETURN HOME
TO FLORIDA TO MAKE REMARKS FROM
HIS MAR-A-LAGO ESTATE.
HOWEVER, THE JUDGE COULD
POTENTIALLY IMPOSE A GAG ORDER.
THERE’S SO MUCH SIDE HUSTLE IN
THIS CASE.
THERE’S SO MANY OTHER THINGS
THAT ARE GOING ON THAT DON’T
HAVE ANYTHING TO DO --
WHY WOULD YOU MUZZLE SOMEBODY
RUNNING FOR PRESIDENT?
YOU HAVE TO MAKE IT SO SPECIFIC.
WITH THE JUDGE DO THAT?
>> Andy: THE BIGGEST HUSTLERS
REGARDING IT AS A CRIMINAL CASE
AS IF IT WERE ACTUALLY ILLEGAL
CRIMINAL JUSTICE SYSTEM.
WE ARE LOOKING AT THIS ENTIRELY
WRONG.
THEY WANT YOU TO LOOK AT IT THIS
WAY.
THIS IS THE BOLSHEVIK LEFT WHICH
HAS CAPTURE THE CRIMINAL JUSTICE
SYSTEM IN NEW YORK.
THEY DON’T REALLY CARE IF THEY
CONVICT TRUMP ULTIMATELY.
THE POINT HERE IS TO MAKE THE
PROCESS THE PENALTY.
THE POINT IS TO MAKE THIS
FINANCIALLY PROHIBITIVE,
EMOTIONALLY HUMILIATING,
POLITICALLY HUMILIATING,
EXHAUSTING, AND TO USE THE
PROCESS IS A PUNITIVE MEASURE
NOT ONLY AGAINST TRUMP BUT TO
CONVEY THE SIGNAL TO PEOPLE WHO
SUPPORT TRUMP AND TO
REPUBLICANS, FRANKLY GENERALLY,
AND ANYONE WHO OPPOSES THE
PROGRESSIVE LEFT, THAT THIS IS
WHAT YOU --
WE CAN DO TO YOU IF YOU BECOME
OUR ADVERSARY.
AND THEY WOULD LOVE TO CONVICT
HIM.
BUT WHAT THEY REALLY WANT TO DO
IS DRAG HIM THROUGH THIS
PROCESS.
CAN THEY TRY TO GAG HIM?
WITH THAT BE TOTALLY LEGAL?
THEY DON’T CARE WHAT’S TOTALLY
LEGAL.
>> Harris: SO THEY WOULD TRY
TO DO IT ANYWAY.
>> Andy: TRADITIONALLY A JUDGE
CAN GAG THE LAWYERS IN A CASE
BECAUSE FOR THE PRIVILEGE OF
BEING IN THE BAR AND PRACTICING
IN THE COURT, YOU HAVE TO FOLLOW
THE RULES OF THE COURT AND
YOU’RE NOT SUPPOSED TO TAINT THE
JURY POOL.
BUT TRUMP ISN’T A VOLUNTEER.
THOSE OF US WHO ARE LAWYERS WHO
WORK IN THE BAR, WE AGREE TO
THESE RULES SO WE CAN PRACTICE
LAW.
HE IS BEING DRAGGED INTO THIS
PROCESS.
>> Harris: I DON’T KNOW HOW
YOU SLAP A MAN WHO’S RUNNING FOR
PRESIDENT AGAIN WITH A GAG
ORDER.
AGAIN, IT WOULD HAVE TO HAVE
VERY SPECIFIC THINGS IN IT.
WITH THE NEW TOLERATE A GRAND
JURY LEAK.
LIKE, THAT SEEMS, LIKE,
NONFICTION.
IT SHOULD BE SO CUT AND DRY.
IT SHOULD BE THE FACTS.
YOU DON’T TOLERATE ONE.
YOU EITHER DO OR DON’T DO THE
OTHER.
>> Andy: THE GRAND JURY LEAK
IN THE GREATER SCHEME OF THINGS,
I REMEMBER WHEN I WAS
PROSECUTING TERRORISTS, WE HAVE
PEOPLE WHO, LIKE, HAD MASS
MURDERED AMERICANS IN THE JUDGE
AND PUT A GAG ORDER IN A
NONLEAGUE ORDER ON THE
DISCOVERY.
SO YOU’RE TELLING PEOPLE,
MULTIPLE MURDER AMERICANS, DON’T
YOU DARE DISTRIBUTE THE
DISCOVERY.
DON’T YOU DARE TALK TO THE MEDIA
MEDIA.
>> Harris: HOPEFULLY THE GRAND
JURY ISN’T FILLED WITH
TERRORISTS.
>> Andy: NO, NO, THE POINT IS
THE LEAKING OF THE GRAND JURY ON
THE LIST OF OUTRAGES THAT HAS
HAPPENED HERE, YOU CAN’T EVEN --
THAT DOESN’T EVEN MAKE THE CUT.
THIS WHOLE THING IS ABOUT BEING
A PERSECUTION, SO THAT’S JUST --
WILL HE GAG HIM?
SURE.
WE’LL TRUMP PAY ANY ATTENTION TO
THE GAG ORDER?
PROBABLY NO.
HE WILL SAY I DARE YOU TO PUT ME
IN PRISON.
>> Harris: KAYLEIGH, I SAW YOU
NODDING I COULD VERBALLY HEAR
YOU AGREEING WITH ANDY WHEN HE
GOT TO THE POINT WHERE IT’S NOT
WHETHER HE’S GUILTY OR NOT.
IT’S THE PROCESS.
>> Kayleigh: IT’S A PROCESS.
THAT’S THE PUNISHMENT FOR HIM
HERE.
YOU KNOW HE WON’T BE GAGGED?
ALVIN BRAGG.
YOU KNOW WHO WON’T BE GAGGED,
THE MAINSTREAM MEDIA, LIBERAL
MEDIA.
ALL SORTS OF THINGS ABOUT THE
FORMER PRESIDENT.
YOU CAN TURN TO AN ALTERNATE
MAINSTREAM NETWORK WITH VERY LOW
RATINGS AND WHAT YOU WILL FIND
AS THEIR SENIOR LEGAL ANALYST
CALLING TODAY THE SUPER BOWL.
HOW SAD IS THAT?
REPEATEDLY THAT NETWORK HAS
CALLED IT A MOMENT DONALD TRUMP
HAS TRIED TO AVOID HIS ENTIRE
LIFE, AS IF HE’S BEEN GUILTY HIS
ENTIRE LIFE AND IS JUST NOT
BEING CAUGHT, WHAT HAPPENED TO
THE PRESUMPTION OF INNOCENCE?
IN THE MEDIA WE USE THE WORD
ALLEGED BECAUSE WE HAVE THAT
PRESUMPTION EMBEDDED IN THE
CONVERSATION.
IF I MAY ADDRESS ALVIN BRAGG.
YOU CAN DIG INTO HIS CAMPAIGN
WEBSITE.
IT’S ON THE ARCHIVED WEB SO YOU
CAN GO INTO THE ARCHIVES OF THE
WEB AND FIND WHAT HE SAID WHEN
HE WAS CAMPAIGNING.
HERE’S WHAT HE SAID.
BRAGG.
"THIS IS WHY I WILL NOT
PROSECUTE MOST OFFENSES TO THE
TRADITIONAL COURT SYSTEM WITH
IMPORTANT BUT LIMITED EXCEPTIONS
I WILL EITHER DISMISS THESE
CHARGES ARE VITAL FOR THE CUES
ON OPPORTUNITY COMPLETE A
PROGRAM."
FORMER PRESIDENT WASN’T GIVEN
THAT OPPORTUNITY.
I GUESS TRUMP IS THE LIMITED
EXCEPTION TO YOUR PETTY CRIME
RULES.
HE HAS SEVERAL OTHER ITERATIONS
OF THAT SAME THING YOU ASK
YOURSELF, WHY ARE NOT FOLLOWING
WHAT HE SAID ON THE CAMPAIGN
TRAIL ABOUT DROPPING PATTY
PACE’S.
AGAIN, LOOK AT HIS CAMPAIGN
TWITTER WEBSITE.
A MAN WHO WANTS TO PERSONALLY
INVESTIGATE TRUMP, CELEBRATING
I’M THE ONLY CANDIDATE FOR
MANHATTAN D.A. WHO IS EVER SUED
DONALD TRUMP AND SEVERAL
ITERATIONS OF THAT.
AS JONATHAN TURLEY SAID,
DONALD TRUMP IS ALVIN BRAGG’S
MANIFEST DESTINY.
>> Harris: HE LOOKED AT THIS
CASE AND REALIZED HE COULDN’T
WIN.
HE SAID I’M DROPPING.
WE ARE NOT GOING FORWARD UNTIL I
CAN FIND A CASE WE CAN WIN LACK
OF PEOPLE QUIT UNDERNEATH THEM.
THEY ACTUALLY THOUGHT HE WAS
GOING TO CAPTURE TRUMP.
HIS OWN OFFICE, THEY WERE
SUPPORTING HIM BECAUSE THEY
THOUGHT HE WOULD.
HE WAITED.
DID YOU GET A BETTER CASE?
OR DO THEY JUST CHANGE THE RULES
TO MAKE THIS ONE HAVE A LONGER
STATUTE OF LIMITATIONS?
LIKE, DID HE PLAY FAIR WITH US?
>> Emily: BY ALL INDICATIONS
ABSOLUTELY NO.
IT SEEMS HE’S NOT PLAYED
CONSTITUTIONALLY OR LEGALLY.
CERTAINLY NOT WITH ACTUAL
JUSTICE IN MIND.
I APPRECIATE YOUR POINT.
IT’S DIFFICULT TO TRY TO APPLY A
LENS OF RATIONALISM OR RATIONAL
THOUGHT TO WHAT IS FRANKLY A
CIRCUS.
WE ARE WATCHING AN OLD AND A
ROMAN COLOSSEUM GLADIATOR, MEN
SURROUNDING A BEAST.
THERE IS NO JOY IN THIS.
THERE IS NOTHING SERIOUS ABOUT
THIS.
AND THERE IS NO JUSTICE ANYWHERE
NEAR THIS.
YOU’RE RIGHT, KAYLEIGH.
IN JANUARY OF 2022, D.A. BRAGG
ASSUMED OFFICE, HE SENT OUT A
MEMO AND HE TALKED ABOUT EXACTLY
WHAT HE WOULD DO TO CHANGE THE
SYSTEM.
HE SAID NEW YORKERS DESERVE TO
BE SAFE FROM CRIME.
THAT’S WHY, HE SAID, WE WILL NOT
BE SEEKING TO DESTROY LIVES
THROUGH UNNECESSARY
INCARCERATION.
HE SAID THESE POLICIES NOT ONLY
WILL MAKE US SAFER, HE SAID
EMPHASIS ON BUT THEY WILL FREE
UP PROSECUTORIAL RESOURCES TO
FOCUS ON VIOLENT CRIME.
IS THAT WHAT THIS IS?
LAST TIME I CHECKED, IN
COMBINATION, TALKING ABOUT THE
REDUCTION FROM FELONIES TO
MISDEMEANORS, INCLUDING,
REMEMBER, THIS DISTRICT ATTORNEY
NO LONGER PROSECUTES ROBBERIES.
IF A WEAPON IT IS BRANDISHED, IF
A GUN IS SHOWN.
BUT NO INTENT OF RISK OF GENUINE
PHYSICAL HARM, THAT’S REDUCED TO
A MISDEMEANOR.
CONTRAST THAT WITH THIS, WHICH
IS FROM WHAT WE UNDERSTAND
FALSIFICATION OF BUSINESS
RECORDS IS A MISDEMEANOR THAT HE
IS ELEVATING TO A FELONY.
YOU CAN SHOW A GUN TO A
FRIGHTENED STORE OWNER AND
THAT’S A MISDEMEANOR.
WHILE YOU ARE ROBBING THEM
BLIND.
AND YET THIS IS SOMEHOW A
FELONY.
A FINAL POINT, THE COMMUNITY
POLICY SITUATION, IF YOU HAVE A
MISDEMEANOR, THERE’S A POLICY
THAT IF YOU GET THE DESK
APPEARANCE TICKET YOU HAVE THE
OPTION OF GOING THROUGH A
COMMUNITY PROGRAM.
IF YOU DO, YOU NEVER EVEN HAVE
TO PLEAD TO ANYTHING.
IT’S A MISDEMEANOR.
YOU NEVER GO TO COURT.
WHY IS THAT APPLIED THERE?
WHY IS THAT HIS FORM OF JUSTICE
WE ARE SEEING AND HEARING
ANYTHING ABOUT?
>> Harris: IS THE CRIMINAL
RECORD EXPUNGED?
>> Emily: YOU PROBABLY WILL
STILL HAVE A RECORD BUT THE
PROSECUTOR WILL DECLINE TO
PROSECUTE THE CASE UPON
COMPLETION OF PROGRAMMING.
>> Harris: HOW CONVENIENT.
SO IF YOU’RE CRIMINAL, YOU OUGHT
TO MOVE HERE.
YOU CAN REALLY ROCK ’N’ ROLL.
>> Kayleigh: UNLESS YOUR LAST
NAME IS TRUMP.
>> Harris: THIS IS JUST
HAPPENING.
URGENT: TRUMP WANTS TO SPEAK TO
THE MEDIA IN THE COURTHOUSE.
FORMER PRESIDENT DONALD TRUMP IS
EXPRESSED INTEREST IN SPEAKING
TO THE MEDIA IN THE HALLWAY
OUTSIDE THE COURTROOM EITHER ON
HIS WAY IN COURT OR OUT OR BOTH.
ACCORDING TO A FEDERAL OFFICIAL
FAMILIAR WITH INFORMATION.
THE SECRET SERVICE HAS RECEIVED
THIS OFFICIAL SAID IT WOULD
LIKELY JUST BE A COMMENT IN
PASSING, NOT A FULL-BLOWN GIGGLE
GIGGLE.
FULL-BLOWN GAGGLE.
>> Mollie: SEEMS LIKE PRESENT
TROUBLES ALWAYS BEEN VERY GOOD
SPEAKING DIRECTLY TO THE MEDIA.
THE MEDIA DO A GOOD JOB COVERING
UP WHAT HE HAS TO SAY SO HE
UNDERSTANDS IF HE CAN SPEAK
DIRECTLY, THAT’S HIS BEST
ARGUMENT BECAUSE HE CAN SPEAK
DIRECTLY TO THE AMERICAN PEOPLE
THAT WAY.
IT REALLY IS A TRAVESTY, THE
WHOLE THING THAT MATTERS HERE’S
WHETHER YOU’RE WITH THE REGIME
OR AGAINST THE REGIME.
THE REASON WHY PEOPLE IN
NEW YORK WHO COMMIT ALL THESE
VIOLENT --
WHO COMMIT CRIMES, YOU CAN BRING
IT FROM A FELONY TO A
MISDEMEANOR.
IT SEEMS TO BE IN ALVIN BRAGG’S
POLITICAL INTEREST TO DO THIS.
DONALD TRUMP IS ON THE OTHER
SIDE SO IT DOESN’T MATTER.
THIS IS VERY EVOCATIVE OF
STALINIST REGIMES WHERE YOU FIND
THE PERSON AND THEN YOU CUT, YOU
DETERMINE WHO THE PERSON IS YOU
WANT TO PUT IN PRISON AND THEN
YOU CONCOCT SOME KIND OF CRIME.
IT’S WHAT WE’VE BEEN GOING
THROUGH FOR SIX YEARS.
THE SPECIFICS DON’T REALLY
MATTER.
EXCEPT INSOFAR AS WE SEE HOW
WEAK THIS CASE IS.
THIS IS A DAY THAT THEY HAVE
LONG HOPED FOR.
>> Harris: TRUMP WANTS TO
SPEAK TO THE MEDIA JUST IN THE
HALLWAY OUTSIDE THE COURTROOM.
PERHAPS BEFORE, AFTER, OR BOTH
OF THOSE TIMES.
WE KNOW THAT THE SECRET SERVICE
IS HANDLING HIM.
WE KNOW WE WILL NOT BE SEEING
HIM IN HANDCUFFS.
BUT HE MIGHT HAVE A MICROPHONE.
>> Kayleigh: LET’S HOPE SO.
>> Harris: AND AS YOU SAID
COMEY HE CAN CONTROL HIS OWN
MESSAGE THAT WAY.
HE DOESN’T HAVE TO WORRY ABOUT