Following the Circus Outside the Courthouse Before Trump’s Arrival

From the Fox News Radio Studios in Midtown Manhattan, it's the fastest-growing radio talk show. Brian Kilmead. Hi, everyone. Thanks so much for being here. It's the Brian Kill Me Joe.

We have a lot of stuff going on today. A lot of it's in and around me, right at 48th and 6th of Middown, Manhattan. We're across the way is President Trump's place, okay, his tower, and downtown and where we keep our courts. That's where he'll be going later.

So let's get, we got Alan Dershowitz here, so I don't want to waste too much time, and Josh Krashauer at the bottom of the yellow. And well, actually, well, Lieutenant Colonel Alan West at the bottom of the hour.

So let's get to the big three.

Now, with the stories you need to know, it's Brian's big three, sponsored by Crunch Fitness. Interested in owning your own business in a growing $30 billion industry? Check out CrunchFitness at Crunch.com. Number three. They did exactly what they did in Afghanistan.

They deny and deflect, and then when all else fails, they try and blame someone else. And they said, well, the Chinese weren't getting anything, and we were able to block their communications.

Well, then that wasn't true. And it's just, it's a cover-up to one failure after another. And we all lose. We knew it. The China balloon was allowed to crisscross our country, sending real-time intel while it flew back to Beijing.

That's the latest reporting, and it's outraged Dems and Republicans alike on display. The worst foreign policy in American history at a time when we need the best. Number two. What he's basically doing is freezing the field. And no other Democrat can tempt getting in or even tease getting in.

Even if his poll numbers continue to crater, no one's going to have the time or resources to really challenge him. And they're talking about Joe Biden, what the Trump legal drama means for 2024, not just the Republican side, but Dems too, as President Biden tries to freeze the field by waiting until the fall to announce. Number one. We're expecting to see him arrive at the Manhattan Criminal Court building sometime around one ahead of that 215 arraignment. We also are not going to be seeing this in real time.

That is a new twist that happened last night. The presiding judge ruled that the court proceedings will not be televised, only still photos will be permitted. Yeah, there you go. That's Laura Ingle. She's reporting from in front of Trump Tower, excuse me, in front of the courthouse.

Trump arraigned in New York City. We will have all the action as it unfolds and lay out what we know about the charges and procedures in other cases. Let's bring in Alan Dershowitz, Harvard Law Professor Emeritus, and the author of Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law, appropriate, especially at this time. Alan, thanks for the quality time. You've been in contact with the President.

What do you think his mindset is today? Oh, I think he's very determined to fight back. He wrote me just a nice note as he got on the plane yesterday talking about how he was going to fight back. Your words are very important, he says to me. Save America.

Congratulations on the book. Doing really well.

So, you know, he has been in a mood of fighting back, and he should fight back. Look, you remember, I'm a liberal Democrat. I voted against him. I have a constitutional right to vote against him the third time. People will be shocked to know that I plan to vote for Joe Biden.

That has nothing to do with the law. This man is being indicted for a crime. We haven't seen the indictment, but we essentially know what's in it. That nobody has ever been or ever will be prosecuted again. Here's the government's theory.

Here's the state's theory. He pays hush money to make sure nobody learns that he's been accused of having an adulterous affair with a porn star. Then, according to Bragg, he has to write on his public forms the actual reason he paid the hush money. I paid the hush money to stop my wife from learning. Nobody in his Has ever done that.

Nobody in history has ever been indicted for doing that. This is a made-up case by a Democrat. Who ran for office promising to prevent Trump from becoming president by getting Trump? The title of the book, Get Trump, comes from the campaign pledges of the Attorney General and the District Attorney. That's not America.

That's what Stalin and Labrinty Beria discussed when the head of the KGB said to Stalin, Show me the man and I'll find you the crime. That's what Bragg said. 330. Show me the man. That's Donald Trump.

And now I'll rummage through the books and I'll find the crime. The only difference is he rummaged, he rummaged, he rummaged. He couldn't find the crime. The feds couldn't find the crime. The previous DA couldn't find the crime.

He couldn't find the crime in the beginning when he was DA. And then, according to the New York Times, the pressures on him mounted. He was told he's never going to get reelected unless he gets Trump, so he indicted Trump. A miscarriage of justice.

Well, it's going to be 3:30. We're going to see the DA roughly, Alvin Bragg, give his presser, at which time he's going to expand, if we are right about the reports, on 34 felonies.

So they're talking about not just Michael Cohen, not just Stormy Daniels and McDougal. They're talking about falsifying business records, which I imagine they found when they got his taxes, and I imagine they found from the Attorney General when she sued him civilly. This is an odd way to approach a criminal case, isn't it? It's a very odd way. And of course, any real estate operator is going to overstate the values of his property for.

purposes of getting loans and understate them for purposes of taxes. That's why banks hire auditors to make sure they do their own independent judgment. But this notion of searching and rummaging, there was a great cartoon that shows Michael Cohn actually seeing with his own eyes Donald Trump tearing the tag off a mattress. in 1997. And the mattress says Tearing this tag constitutes a violation of law.

And then they prosecute him for that. They're searching everything. They're trying to find everything. Justice Jackson, the greatest attorney general in our history, once said any prosecutor could rummage through the hundreds of statutes and regulations and find something, something to pin on somebody. That's what Bragg has done.

Maybe they'll come up with something, but if no one else would have been prosecuted for it, that's selective injustice. And the other thing, Alan, too, you're the legal expert, obviously. But if he was hosting The Apprentice and maybe the spin-off, a Shark Tank spin-off, and never ran for president, nobody would have anything bad to even say about Donald Trump. He'd be at all the parties. He'd be Letitia Chains, he'd be asking him for donations like Chuck Schumer was.

It only changed because he ran as a Republican. He never attacked New York or the Attorney General. This is. Look, I don't get it. I would have been the most popular person on Martha's Vineyard if I hadn't defended President Trump.

Nobody talks to me, nobody talks to my wife. Caroline Kennedy says if she knew I was invited to this dinner party, which she was sitting next to me at, she never would have accepted the invitation. If you're Trump, if you're associated with Trump, if you're Trump's lawyer, you're hated and despised. That's why he can't get a fair trial in Manhattan. He has to be moved to Staten Island, Rockland County or one of the other upstate counties.

Imagine a judge coming home to his family And saying, I'm the judge who freed Donald Trump so he can run for president again. What happened to me on Martha's Vineyard is nothing compared to what happened to a judge. Judges cannot resist pressure, especially elected judges in New York. Any judge. Who frees Donald Trump or who finds in favor of him in a motion, his career is over.

He'll never get promoted. He'll never get elected again. That's not justice.

So they're going to make a move. They're going to make motions. This is, they say they're going to make motions to dismiss the case, motions to remove the judge, motions to remove Bragg, and going to resist a gag order. Break it down. Will they get the dismissal of the case?

Well, first of all, they'll never get a gag order. If they get a gag order, I've already volunteered to put together the best team of First Amendment lawyers, amicus, curiae, friends of the court, to bring a case to the United States Supreme Court. You cannot stop a presidential candidate. From telling me who to vote for. I want to hear from Trump so I can confirm my views that I'm not going to vote for him.

And nobody can deny me that right. But Gagger, just the case. Just the case. Nothing's going to happen there. The case, the motion to dismiss will be denied.

The motion for change of venue has a shot at passing. The motion for statute of limitations, any first year student should be able to win that one. I mean, two years statute of limitations on a misdemeanor. They say, oh, they couldn't have arrested him. They couldn't have indicted him because he was out of the state.

But they indicted him when he was out of the state. They indicted him when he was in Florida.

So they could have indicted him any day of the last seven years. The difference, there are two kinds of motions, and it's important for your listeners to know this. There are certain kinds of motions that can be appealed right away. And that's usually change of venue and statute limitations. There are others, dismissal, selective prosecutions that have to wait for the conviction to appeal.

So if the lawyers are smart, and I think they are, they will focus on motions that if they lose, they can immediately take it to the appellate courts.

So, the one thing that you said is statute limitations, but we don't know what the falsifying business records are.

So that would be different.

So Stormy Daniels is one thing, but the other stuff that we don't know Is key. But that doesn't extend the statute of limitations to Stormy Daniels. That would mean dismissal to Sam uh Stormy Daniels, but maybe not dismissal. For business records cases. But the business records case is essentially a civil case.

It's being investigated by the Attorney General of New York as a civil case. To turn that into a criminal case would be to end the real estate business of New York. Has there ever been an owner of a major building in New York who hasn't said to his friends or his bankers, oh, this is worth $40 million, it's only worth $30 million? It's a common thing. That's why banks hire their own auditors.

Nobody trusts. What a Owner of a business at Forty Wall Street values the business at, and then what is the jury going to sit and decide? Whether that building is worth so-and-so amount of money or so-and-so amount of money, obviously beyond their expertise. That's why no one has ever prosecuted that. And by the way, no bank is complaining.

Nobody's saying I never got my money. There are no victims. There are no victims here except the American people and the Constitution. Those are the only victims in this case. Mammy Daniels isn't a victim.

She got paid for having sex with voluntary sex with somebody. That's not a victim. Who's the victim?

So Joe Tacapino, they there's a big story in Rolling Stone how it looks like the he's not getting along with the other attorneys. They said some disparaging things about his intellect. They said that Joe First that Joe is hard to deal with. They don't like the way he handles himself. And next thing you know, they hire Todd Blanche.

Todd Blanche will work with Joe Tagapino. How unique is it to add an attorney at this critical time? And do you think these attorneys can work together? I guess Susan Nicolese Nicolese is also. Is it hard?

You remember working with the OJ group. How are they going to work with them? They were impossible to work with. You know, F. Lee Bailey was fighting with Bob Shapiro all the time.

But there has to be a head of the team. You know, we had a terrific head of the OJ team, and he kept us all together. This is, you know, it's difficult. High-profile cases, everybody wants to be in the limelight. It's going to be difficult.

And they need lawyers who can make good motions and argue appeals as well, because this is going to turn largely on legal grounds. Of course, it's going to be important to cross-examine Michael Cohn, but I think any first-year student should be able to cross-examine Michael Cohn pretty effectively considering his history. But the lawyers will hopefully put their own egos on hold and decide that the only thing that's important is to win the case on behalf of Donald Trump and on behalf of the Constitution.

So I hope there'll be good lawyers and responsible lawyers on both sides. That makes for a good trial. Alan Derschwitz wrote, Get Trump, the threat to civil liberties, due process, and our constitutional rule of law.

So can you give me an idea?

So this goes to trial, they say, roughly about a year, and by then they're going to have to a hell of a time if they don't switch the venue getting a jury. But let's say they get a jury, and let's say the verdict goes against the former president. Can the U immediately appeal it? Or does he start serving a sentence or does it? There won't be a criminal sentence probably, and he can feel it right away.

And if there were a criminal sentence, he'd get a stay of it. But this case, if unless it's dismissed on legal issues, and it won't be because no judge in New York has the courage to be the one to free Donald Trump, this case will go through the election period. He will be running for President while on trial, while under indictment. You know, he's going to have to call Benjamin Netanyahu in Israel and figure out how that works. He's serving as prime minister now while under indictment for Mickey Mouse crimes as well.

So this has become a worldwide trend. It used to apply only to third world countries.

Now it applies in Israel and in the United States. And it's a tragedy for both countries that the criminal law is being weaponized for political purposes. It does seem like that. And lastly, when you look at the other three cases, I don't know how close you've looked at them. Oh, my book, my book, Get Trump, is all about those four cases.

What about the Mar-a-Lago case? And you saw the Washington Post story that said they're trying to get him of obstruction, how he moved his stuff, and they got his valet, they got his lawyer, made his lawyer.

Now they're making the Secret Service testify. What do you think about that, Alan? That's the strongest case legally. But to go after him and to leave alone Joe Biden and Vice President Pence, who also had class five material, is a tough political call. The weakest case is the New York case by far.

The case in Georgia is pretty weak because he said fined, finely, not indicted. Not concoct fined. And the Washington case is very difficult because he said, although the January 6th committee doctored the tape, Believe It Out, he said, I want you to protest peacefully and patriotically.

So the only strong case is Mar-a-Lago, but he will argue that he declassified, and that will become a factual issue to be tried down in Florida, where he's going to get a far more sympathetic jury than he would get in Manhattan. Alan, I'm just stunned as a layman that they would flip my attorney and make my attorney testify against me. And you're going to go get the Secret Service.

So you've got to learn to live with the Secret Service.

Now, every president, every former president's got to watch himself. Are they going to be brought in should something happen? No, they shouldn't. There should be some kind of immunity for Secret Service agents and the lawyer. The idea that if you lie to your lawyer, you lose your privilege.

I've had 250 cases, over 200 of them. My client has looked me in the eye and said, I didn't do it. I should win the Nobel Peace Prize. You know, that's what clients do in the beginning, at least. They they try to vindicate themselves in the eyes of the lawyer.

You know, by the end of the case, they're admitting they did it and they're looking for a plea. But in the beginning, they're always lying to lawyers, and that's very common. Every criminal defense lawyer With experience, knows that, and to lose the privilege over that means that you can't have conversations between lawyers and privileges. I have a chapter in my book, Get Trump, about the dangers this has posed to lawyers. You know, there's a group called Project 65, which is filing bar charges, including against me, against every lawyer who's had anything to do with Donald Trump.

I defended Donald Trump in front of the United States Senate. I was the oldest American in history ever to do that. I did a great job defending him, and now Project 65 is changing. Checking every one of my cases to see if they can find something on me. That's the McCarthyism.

It's bad for the country. It's the McCarthyism of the left. It's bad for the legal profession. It's bad for the country. And it's bad for your uncle Charlie because he's next.

If they go after people, find the crime after you've decided who to prosecute. None of us are safe. But it's good for your book because it details something everybody's talking about. Get Trump.

Well, if you want to protest, if you want to protest against Bragg, make my book a bestseller. That's the best message you can send him. People care. People are liking. It is a bestseller.

Absolutely. Keep it up there on the list. Alan Derschwitz, thanks so much. All right, great. Thank you.

Appreciate it. 1866-408-7669. Your calls.

Next. Educating, entertaining, enlightening. You're with Brian Kilmead. From the Fox News Podcasts Network. I'm Ben Dominich, Fox News contributor and editor of the Transom.com daily newsletter, and I'm inviting you to join a conversation every week.

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Information you want, truth you demand. This is the Brian Kill Me Show. I'm not going to not report the other news because this is totally disproportionate about what's going on. What's happening with now China, that balloon, what's happening in the Middle East, they have now up to lessened production. It's now $80 a barrel for oil and gas.

Guess who benefits? Saudi Arabia, the Middle East, Iran. And this place called Russia. Guess who's going to pay the price for that? The Ukrainians.

And guess why? Because we don't produce our own. We've slowed it down. We are not even refilling our reserves. Lowest since nineteen eighty three, depleted by this President because prices of oil and gas were going up too much.

But now we have played our last hand. Saudi Arabia is jacking the price up. We have almost no leverage. I want to talk to Lieutenant Colonel Alan West about that and more at the border. Nikki Haley was there yesterday, and she has a border plan.

What does the colonel think about that? From his mouth to your ears, it's Brian Killmead. is we are a country of all. The second we stop being a country boy, we give up everything this country has now. What I saw today was a dereliction of you.

A president has one job. One job, and that's to keep Americans safe. There is nothing that is keeping Americans safe like what we saw today. And that was Nikki Haley went down with her plan, got some publicity, not nearly if it wasn't for the Trump trial drama, but she went down there. She understands the issues.

She offers solutions. And when you go ahead and say, this is my plan, you get people who are going to be critical. I'm fine with that. She wants 25,000 more Border Patrol agents, mandatory E-verify.

So do I. I mean, just to make sure, I got to hire Billy Jones. All right, Billy Jones came over. Billy, you're not on any type of program. No one has any markings that you're here.

You didn't even come in the border. You snuck in. You must be one of those gotaways. I can't hire you. Go get a green card or get out to fund sanctuary cities.

And Trump tried that. No tax dollars to illegal immigrants.

Well, Tell that to forty thousand illegals in sanctuary cities. It all starts there. Remain in Mexico policy, it's kind of back. Let's get it more. End catch and release to Port Instead.

That through Bill Malusion, reported by Nikki Haley. Let's bring in Colonel Allen West. Colonel, what do you think about Nikki Haley's approach to your border? Good to be with you, Brian. She's absolutely spot on.

You know, 1,250 miles of border here in Texas, and that's exactly what we need. We need someone at the federal government level who's going to be serious about it. I watched Alexander Mayorkas on his interview 60 Minutes this weekend. He's not serious about what's happening at this border. The drug trafficking crisis, the human sex trafficking crisis, he just calls it a little bit challenging.

But I think the other thing we need to add to this is to understand that we're not dealing with some business organization or just a bunch of street gangers. We're dealing with a very well-financed, well-organized, well-armed transnational narco-criminal terrorist organization. We need to declare them as such, designate them as such, go after their funding, go after their financing. They're the ones in control of the border and all of those provinces along the border, and we have to take them seriously. And I'm talking about the cartels.

Yeah, uh I would think we got to take him serious, but let's talk about Mayorkis. Uh who is on sixty minutes. and his his refusal to say it's a crisis.

So, yeah, I mean, what he says it's an insult to the Border Patrol if you call it a crisis? Are you crazy? That's like after a tornado hits your area, rescue workers show up to work hard. If you say we're in crisis, does it insult the rescue workers? He's totally disingenuous.

Yes, completely disingenuous. And this is intentional, it's purposeful. You know, it goes beyond incompetence. But look, Brian, he's carrying out the orders of this administration. Joe Biden does not care about what is happening.

He does not care about the body bags of Americans that are stacking up because of the fentanyl deaths. I mean, the number one killer of Americans 18 to 45. He does not care about the human and sex trafficking issues. And Texas is suffering, especially from both of those, with the sex trafficking being the preeminent one here in Dallas and Houston, top two cities in the country for sex trafficking.

So we could shut all of this down, but we have to have an administration that's willing to do it. And furthermore, we've got to have some states and some governors that are willing to come together and do what is necessary. It's not happening here in Texas, and with Katie Hobbs out in Arizona, it's definitely not going to happen. You know, we tried to get the president tried to get those sanctuary cities banned, and the courts would not reverse it, which is insane. Insane.

How dare states decide to welcome illegal immigrants? That should be a federal issue. I want you to hear Mayorkis pretend as if he's on top of things. The Chief of the Border Patrol, Raul Ortiz, testified before Congress that some areas of the border are in a crisis situation. Do you agree?

I think that we face a very serious challenge in certain parts of the border. Do you view what's happening right now on the border as a crisis? I view it as a significant challenge. Why won't you say the word crisis? You know what?

Because I have tremendous faith in the people of the Department of Homeland Security. And a crisis speaks to me of a withdrawal from our mission, and we are only putting more force and more energy into it. You nut. In times of crisis you withdraw? Who who raised this guy?

Well, I don't know, but if you think about it, there is a withdrawal from the mission. And the mission is to protect the sovereignty of the United States of America. That's not being done. Five, six, seven million illegal immigrants. And as you said, we're getting close to two million of those being the gotaways that we're not tracking.

And he has told the Border Patrol agents, don't do your job, don't do your mission. He has told ICE, don't do your job, don't do your mission, and deporting people.

So yes, he has withdrawn from the mission, and we are in the crisis mode. And when you have a border sector chief that says under sworn testimony, under oath, in front of a congressional hearing, which of course Democrats did not attend on the border, that we do not have operational control of our border, what does that tell you, Brian, that we're no different from, you know, being in Afghanistan where the Taliban goes back and forth across the border and they eventually have taken over, retaken that country with the aiding and abetting of the Biden administration. Mm.

So, I want to bring you to this China balloon situation. We all knew that that balloon was going across. That was a travesty. Should have been stopped in Hawaii. Evidently, the chain of command wasn't effective.

Five days later is when the Secretary of Defense weighs in. Then they had that ridiculous statement that we can't shoot it down over Montana when both senators and the governor said, Are you kidding me? Have you been to Montana? You could land a meteor in Montana and just kill Duke Caribou.

So that was a lie. Then they go across every single military base and do figure eights in front of some, and in real time, send back intelligence. John Radcliffe on this, cut 17. They did exactly what they did in Afghanistan. They deny and deflect, and then when all else fails, they try and blame someone else.

So they tried to say, well, we didn't shoot it down because of safety reasons. That wasn't true. Then they said, well, the Chinese weren't getting anything, and we were able to block their communications.

Well, then that wasn't true. So then they went to, well, they happened to the Trump administration too, and it very clearly did not. And so, you know, they were intentionally dishonest, as they often have been, unfortunately, when it comes to national security issues. And it's just a cover-up to one failure after another. They're batting a batting average of zero when it comes to foreign policy successes and standing up to China, Russia, Iran, all of our adversaries.

I mean, with the Belt and Road program is basically taking Pakistan, El Salvador, Cuba. Uh Argentina. about four or five countries in Africa hostage because they need money. They give them money and then they take what they built when they can't make the loan payments.

So what do you think about this revelation that NBC came out with?

Well We always knew that was happening and this whole false narrative from the Chinese saying that this was a wayward weather balloon that blew off coast, off course. You know, a wayward weather balloon does not hover over a military installation. As you just said, cut figure eights into the sky. That means it's being steered, it's being maneuvered. And if it's hovering above a military installation, what's the purpose?

It's to gather intelligence. And of course, we sat and watched it traverse across the entire United States of America. And the absurdity of saying that we had to shoot it down with a missile. No, you don't. You could have gone with any of our fire aircraft, which have Gatlin cannons on it, 20 millimeter or 30 millimeter, and poked a couple of holes in this thing and control its rate of descent going down to the earth.

And yeah, okay, you lose a couple of caribou, maybe a moose here, a moose there. But instead, we have been completely embarrassed, and now China has aerial surveillance of critical Strategic military installation of the United States of America. Again, it's another foreign policy faux pas, national security faux pas for the Biden administration. Wow, unbelievable. And also, when Maorkis came out on the border just lastly and said, I'm not going to build the wall, it's already corroding, and it's not movable.

I mean, I wanted to but this is this guy out of his mind?

Well, no, he's not out of his mind, but this is what happens when you operate in this delusional world where you're trying to make people believe that everything is okay and don't believe your lying eyes. They have to come up with these absurdities. You know, a lot of that material is corroding because it's sitting on the ground, not the portions that have been erected. And obstacles, barriers do work. It channels people into areas where you can better control.

But right now, we don't have anything.

So again, this administration is unconstitutional. And if you want to talk about high crime and misdemeanor, just look at what the Constitution says about protecting our sovereignty, protecting our border, protecting us from invasion, and this administration is not doing it. Thanks so much, Colonel Alan West. He is with the American Constitutional Rights Union, Executive Director. Appreciate it, Colonel.

Thank you, sir. Go get them, Brian. All right. Yeah, I'm going to try. We'll see if I'll be the one who's safe.

1-866-408-7669. When we come back, we talk about the case, the Trump case that's going to be and the arraignment that's taking place downtown. Also, some of the things that could be in that 36-count indictment, as well. That's we hear 36-counts. No cameras.

I'll give you all the procedures as we know it, and they give you some insight to the other cases, and then also open up to the things that really are affecting us. And that is the price of oil and gas, many of which you are showing me your bills online, and they have tripled since Joe Biden took office. Don't move. Diving deep into today's top stories, it's Brian Kilmead. A talk show that's real.

This is the Brian Kill Me Show. We are eight months away from the first voting taking place, but all signs point to that right now. And the president's getting stronger. I mean, since the word of this expected indictment, and now it's obviously upon us, came about three weeks ago, his poll numbers, his margin has increased over the Republican primary field. And none of his opponents or expected opponents are actually attacking him on it.

They know what the T Leaves say. The T Leaves say that this is a weaponization of government, and you've got to stand in lockstep, not just with the president, but with the party, against the radical left. And by the way, that was Mark Lauder. He had an important role with the Pence organization. I would say then he was with Mike Pence, and then Mike Pence.

Joined the ticket and he played an important role there. He had a couple of positions with the Trump team when he was in the White House. But he said that he knows that the Trump team is capitalizing this pretty well, and they've gotten $8 million, 25% they say, from new donors.

So in that case, he is getting stronger. But in the long term, I think when he gets some real opponents and it gets a little bit closer and the debates get hot, you can easily, if you're Asa Hutchinson, Vivek, Ramaswamy, Governor Christie, if you're Nikki Haley, if you're Mike Pence, Mike Pompeo, Tim Scott. And Governor DeSantis, at one point, you're going to say, How many indictments do you have? How could that be good for the country to have a president who's under indictment like this? And that'll be a way to score.

The other thing I want to do is hold on a second before I get your calls. I'm going through some of your emails to me. This one is something else. Last night, I'm sure you know, UConn won big over San Diego State. San Diego State, a good story, but they were outclassed.

Curly, a better story. Lost six or eight games in January, four seed. They were number one in the country for a while, but they were by far the best team. No one really got close to them.

So I The day before was a highly rated women's final which uh the LSU won.

So, Jill Biden invited both LSU and Iowa to the White House because it's such an important year for women's sports. Forget it. It was so important. Stop men from competing in them. And then, by the way, just the fact that you would think to do that shows she's not an athlete.

And never in the history have they brought the first and second-place team in. You have some silver medal award winners. That's a little different. When it comes to the Olympics, And this is from Randy. Randy writes: This is just another example of everybody gets a trophy teddy bear.

These are the winners and losers in competition. Just as there are ups and downs in life, it teaches you life skills to work hard, to be better, and persevere. You don't get any teddy bears for second place, and you don't get to see the president. I agree. Listen, I definitely agree.

The other thing I brought up over the. Over on T-Day, The Hurley family. I've read that book, I think it was Gene Wojanarski that wrote the book on Bobby Hurley Sr. about St. Anthony's in New Jersey, in Jersey City.

And basically, he turned down so many college jobs because it was such an important job for him to be at this private school. And they've won national championships and put all these players into the pros. But he got them all a lot into college. He just cared so much about him. It would be a great movie.

But someone just wrote me, Greg just said, Brian, the Hurley family attended and coached at St. Anthony, not St. Anthony's. Really? I had no idea there was a big difference, but I'll just take your word for it.

That would be the difference.

So that's what happened. As sports comes to a close there, we're going to focus now on the NBA playoffs, the hockey playoffs and the beginning of baseball, which is fine.

So just getting back to the document case as we've seen them. The president's got to January sixth. And he's got the document case in Mar-a-Lago. This guy, Jack Smith, is out of control. He has forced the president's attorney to testify against him.

He has forced the president's valet to testify against him. And now the Secret Service has been subpoenaed. They want to see if they could prove an obstruction.

Well, wait a second. What about Joe Biden's landscaper? Did we see him load up any boxes into the garage? Did anyone overhear him do that? Should we get his family subpoenaed so they could haul in for the special investigation to find out how the Penn Center got all those documents that were classified?

How about the University of Delaware? You took out Hundreds of boxes. No classified information on that. I heard, Mr. President, that they raided your lawyers.

Your lawyer's office. They walked out with boxes. What about that investigation? Please don't tell me this is balanced.

Now, do I think Donald Trump should have taken one paper from the White House? No. Why would you do it? You know they're coming after you. Why would you open yourself up for that?

Then, when they came for it, you gave away seven, gave them back 17 boxes. But they wanted more and you didn't give it. And for me, you have an argument there, and here's his argument. Donald Trump talking to Sean Hannity About keeping the records, his records of his time to the White House, go up fifteen. I would have the right to do that.

I would do that. Let me move on. Let me remember this. This is the Presidential Records Act. I have the right to take stuff.

Do you know that they ended up paying Richard Nixon, I think, $18 million for what he had? They did the Presidential Records Act. I have the right to take stuff. I have the right to look at stuff. I don't know.

Classified documents taken out of the building. I'm pretty sure you're not supposed to do that. We'll find out about it, but that's going to be his argument. Not that I didn't have it, but I have a right to take it.

So that's the problem. And the critics just line up. Listen to this guy, Chuck Rosenberg, a so-called expert on MSMEC, Cut16. mister Trump, from a prosecutor's perspective, if you're preparing for cross examination, is a gift that keeps on giving. And so they're going to have a lot of information, a lot of clips, a lot of the things he's said to choose from, whether or not he gets on the stand, whether or not they ever get to use it.

We'll save that question for another day, but prosecutors are always collecting. A cross-examination file, and Mr. Trump can't help himself. He always talks about Mr. Trump.

And that just makes the file bigger and bigger and bigger. Right, it could be. And we have Michael Cohen who never stops talking and keeps on chipping away his credibility. And the one thing that I think a gag order, which they say is not going to happen now, but if it was to happen, I don't think his attorneys would be upset. That means talk about everything.

Talk about how you're being persecuted, but don't talk about the cases. That would actually help his legal case. And they wouldn't say, well, I'm going to leave his attorney. They would fine him or put him in jail.

So knowing them, they'll put him in jail. If he starts talking about the case, what a bad guy the judge is, and how terrible Alvin Bragg is. I don't know the judge, but if I'm the judge, you already presided over the Trump organization trial, which he lost. You presided over Steve Bannon's private wall funding, and Steve Bannon lost. I wouldn't be Trying to be part of this.

The CFO got tried, and the CFO lost. It looks like you're just out there to be a Trump killer. And wouldn't you want the perception? A fairness, the perception.

Well we'll make a judgment whether it's fair enough. Listen to the Brian Killmey Show. Go to BrianKillme.com. Write me anytime. I'll get to it.

Don't move. From high atop Fox News headquarters in New York City, always seeking solutions, never sowing division. It's Brian. Kill me. Yeah, just like what the guy with the deep boy says, his 48th and 6th of Midtown Manhattan, heard around the country, around the world, but most of the world's focus, I mean the world's focus, is in New York City, where uptown, the president of the United States, lives in a tower when he wants to.

He owns it. And yes, he paid his bills. And now he's going to go downtown. He's going to be arraigned today. We've never seen that before.

Everyone's got an opinion on it. Brian Yennis is outside the courtroom. He's going to be giving us updates. We'll do a simulcast at Varney and Company. We're going to talk about the impact there on FBN.

And Jim Trustee, the president's attorney, focusing on the Mar-a-Lago case, who will as his hands in January 6th, he's going to be with us in a matter of moments.

So we'll have it all. All the breaking news, the protests that may or may not take place.

So let's get to the big three.

Now, with the stories you need to know, it's Brian's big three. Number three. They did exactly what they did in Afghanistan. They deny and deflect, and then when all else fails, They try and blame someone else. They said, Well, the Chinese weren't getting anything, and we were able to block their communications.

Well, then that wasn't true. And it's just a cover-up to one failure after another. And yes, as John Radcliffe, DNI guy, we knew it. The balloon that was going across our country was sending real-time intelligence while it flew over our military bases. That's the latest reporting from NBC.

Outraged Democrats and Republicans are demanding explanations as we have the worst foreign policy in American history at a time in which we needed the best. Number 10. What he's basically doing is freezing the field. And no other Democrat can tempt getting in or even tease getting in. Even if his poll numbers continue to crater, no one's going to have the time or resources to really challenge him.

And that's Mark Lauder offering his analysis of Joe Biden waiting until the fall to get in to the race. What the Trump legal drama means for the Republican side, too. Number one. We are expecting to see him arrive at the Manhattan Criminal Court building sometime around one ahead of that 215 arraignment. We also are not going to be seeing this in real time.

That is a new twist that happened last night. The presiding judge ruled that the court proceedings will not be televised, only still photos will be permitted. I think only about one still photo is going to be in. Press can go in, but they've got to keep their laptops, their iPads, and their iPhones outside. Laura Engel reporting from just outside the courtroom moments ago.

Trump arraigned in New York City. We'll have the action as it unfolds, and we'll lay out what we know about the charges and procedures. We know that Alvin Bragg will have a chance to really trumpet his case and the indictment at about 3:30 Eastern time. But President of the United States, about. 8-15, he thinks.

Ada LaGuardia flying back to West Palm Beach will have his rally at Mar-a-Lago. Let's bring in. If we can, Jim Trustee, attorney for the President's J6 challenge, as well as the Mar-a-Lago documents issue. Jim, welcome back. Hey, Brian.

Hey, John. Hey, Jim, can you tell me an attitude around the Trump team? We're getting all different types of reports that he's upset, that he's angry, he's determined. What have you noticed about the President, foreign president? I think determined is a good one.

You know, look, he realizes. That this is political persecution. He doesn't like going through it. I don't blame him one bit. He's very frustrated with that.

But he also kind of immediately focuses out and recognizes this is a real threat to the American criminal justice system. This is a real, you know, I think Mark Levin referred to it as the crossing of the Rubicon. It is. I mean, we're now justifying or allowing the thought. of prosecutors who run on the campaign of I will go after Donald Trump.

we're kind of you know tacitly accepting that. And we shouldn't as a society. And it really shouldn't break down on political lines, although of course it will. But it's a new world we're looking at starting today at two fifteen. I think you're right.

He's got so many different legal teams, but I was shocked not shocked, but a little surprised to find out the eve of the arraignment, there's a change with the legal on the legal front. It turns out they did a story of the Rolling Stone, Harley, the bastion of conservatism and accuracy. But they say a source familiar with the Trump team and another person close to Trump tell Rolling Stone that a number of Trump's other current lawyers have privately described Joe Takapina as dumb as a and a loudmouth. A third source familiar with the matter calls Takapina such a blanking idiot. He was leading the charge to most of the press, and now no one's necessarily said anything about The intramural warfare, but we do know that Todd Blanche has been added to the team to work with Susan Nekoles as well as Takapina.

What could you tell us about them? Yeah. I mean, not a whole lot, but look, here's the headline of what you just talked about. Todd Blanche. Todd Blanche is a serious Excellent attorney with a fantastic background, a former federal prosecutor like myself.

I mean, he's a huge get, a huge addition. And he'll serve the President well.

So that's what I'm excited about. I'm not on the New York team, so I don't know what the personalities are like entirely, but I know Todd, and I know that's a great moment for the President. He'll be aggressive. He'll see things the right way. He'll file legal motions.

That have some punts. They won't just be for show. They'll be legal. They'll have a real chance of success. And that's what we need.

We need to basically get into the process here and show that Alvin Bragg and his minions have done something that's outrageous. It's not just historic. It's unprecedented in all the wrong ways. And I think the more we can get Transparency by way of discovery, by way they the way they conducted themselves in grand jury. You know how they're glossing over using a convicted perjurer.

There's a lot of stuff to look at. I think there's some really good legal motions that will probably flow in short order, and having Todd as a point man is going to be a good thing. A couple of things. They're going to have some motions. One motion to dismiss.

One motion to get rid of the judge, one motion to get rid it's thought to be you guys, not you, but the tru the New York team, to get rid of the judge, to get rid of Alvin Preck. And just say this this can't stand, and we should not even have this trial because statute limitations are done and it's whatever the causes is. Will any of those motions be successful, do you think? I think there's a real shot, and I'm not confirming all of those. I'm not sure where we stand in terms of the judge, for instance.

But let me just say this. I mean, what he's done in reviving this case that's been passed over by federal prosecutors, by his predecessor, and by himself. He's throwing together legal theories that are very frail in terms of the nature of the intent that he has to prove, straddling misdemeanors into felonies with federal offenses, which is unheard of. In a lot of ways, a pretrial motion that just said, dear judge, this case has to go away because Michael Cohen is a horrible witness. That actually doesn't usually win.

You don't you don't win factual or credibility to Prior to trial, but there are some solid legal motions that I expect we'll see that are just positive, that have to do with dismissing the case either because of statute limitations or kind of in tandem. with the uh the the legal gymnastics they're trying to pursue to even revive this case.

So I I think there's some interesting stuff coming that really could cut it long short of any sort of jury trial or issue of uh Judicial recusal. I'm sure you saw Michael Izakov's Yahoo report that says source tells him Trump will not be put in handcuffs, placed in a jail cell, or saved to do a mug shot. Typical procedures, even for white-collar defendants, until a judge is weighed in. But he did say that he would be charged with 34 felonies, many of which are falsifying business records.

So, of course, we know that nothing would have been done had he just hosted The Apprentice and not run for president. But having said that, you don't know what you don't know, right, Jim Trustee? You know, that's always a fair point. I mean, we're speculating about what's been a sealed indictment. You know, again, the rules don't apply.

To President Trump, field indictments get out, nobody talks about them. I think we have a pretty good idea just because they've been so transparent and leaky in their grand jury approach. that these felonies are in fact hidden misdemeanors. It's misdemeanors where they're trying to strap Additional criminal intent to it. Again, we'll be all eyes on this thing when we see it.

But we have a decent idea, and what we expect to see is something that's very legally frail. Maybe they'll surprise us. Maybe there'll be some additional chapters of legal gymnastics we didn't expect. But we have to reserve judgment. But I think there's a real good chance that the felonies are only there for one reason, which is to try to deny the statute of limitations problem he has with the misdemeanors.

What is the Attorney General suing him for $250 million? And she's going to put that on hold for now. Do you know what that's about? Yeah, it's called political persecution. You know, Letitia James did the same thing that Alvin Bragg did, and had maybe some of the same financial benefactors behind her.

She announced. that if she gets the job as Attorney General, she'll go after Donald Trump. And that's we're going to lose some of that. Concern, I think, publicly today because people will focus on the minutia, the procedure, the circus. But the reality is, prosecutors announcing that is just an absolute travesty.

It's a total change in the criminal justice system from following the evidence, starting judiciously, and trying to recognize the rule of law. And now we're going into this: it's okay to target him because it's him. That's a genie that gets out of the bottle, but never goes back.

So let's say that. And what about this? You know, let's say this Hunter Biden stuff emerges and Joe Biden's name pops up, like Tony Bobolinski says it will, and the bank records begin to reveal that Joe Biden was conniving as vice president to circumvent the system and do deals with China using his name in his office. And then there's a DA or an AG in Iowa. I'm going to sue Joe Biden.

And I'm going to sue him. I'm going to bring charges up on Joe Biden, whether he's in office or out of office.

So as soon as he gets out of office, we're going to sue him. What about if somebody in Indiana wants to do the same thing, the Attorney General there, they want to sue Joe Biden. You know, we're Bill Clinton. I mean, this is what could be happening. Yeah, well You know, to me, as somebody who was a prosecutor for 27 years, I've been in the criminal justice system 35 years.

All of this is a bit of a reminder of how critically important character is. to our lead prosecutors, to the Attorney General, to the Attorney Generals of States, to even your local DA. There's always going to be room for mischief if we put people in there that are political animals. And and right now, you know You're right. And frankly, there could be very legitimate Criminal charges, pay-to-play scheme charges placed against the Bidens.

And now everybody on the other side will say, well, that's just politics. That's the way we do things in this country. We have political persecutors instead of fair-minded prosecutors.

So it's a real concern. But again, a lot of the roads that I look at, because I'm focusing on Mar-a-Lago and January 6th. A lot of the roads lead back to one person, and that's the current Attorney General. He started this process off with an unprecedented Press conference, an unethical press conference, and we need him somehow to develop the character. To stop this train.

And the same thing goes for the political persecutors in New York and Georgia, frankly. Right.

So I'm talking to Jim Trustee, one of the president's attorneys, but he's focusing on Mar-a-Lago.

So listen to what the former Attorney General, William Barr, said about your case, Jim. I hope they will be. And as I've said repeatedly, I think the document case is the most serious case. I don't think they went after those documents to get Trump. I think they actually wanted the documents back.

And what's at issue in that case is not the taking of the documents, it's what he did after the government sought them and subpoenaed them and whether there was any obstruction. And I think that's the most serious one out there. And the other one, I think, the January 6th one, is a difficult case to make. And it also runs into First Amendment issues. Where are you going to draw the line between legitimate First Amendment activity, protesting an election, and actually conspiring to undo an election?

So that's a difficult case to make. But I'm hopeful the Department will approach it properly.

So, do you have the same concern about the case that you're in? And they are looking, they had a Your Corcoran, before the president, one of the president's attorneys, forced to testify, did he obstruct? We don't know what he said behind closed doors, which is, to me, I never even heard of an attorney being testifying against their client. And now we find out the Secret Service is going to be subpoenaed to find out what they saw. I thought the Secret Service was part of, almost like part of the family, that they were sacrosanct.

But now they're going to find out, and they're talking to valets and everybody else around Mar-a-Lago. What could you tell us? Yeah, well you're putting your finger on some good stuff, which is prosecutorial overreaching. There there are there's a saying that I I love, which is the law can the law permits much that wisdom condemns as folly. And what it means is, not everything that's wrong is illegal.

So there's a lot of things that the DOJ is doing in their investigation. It may not be illegal, but it is immoral or outrageous or heavy-handed. They've brought every you know, they bring witnesses up from Florida on a minute's notice. They try to separate them from their attorneys. They don't respect any sort of privilege for President Trump, whether it's executive privilege or attorney client privilege.

I wouldn't say Corcoran testified against. His client. He was compelled to testify under an extremely unusual scenario. Uh, where attorney client privilege is vitiated. Do you know how that went?

Did he tell you how that went? Sure. Yeah, I do, but not for public consumption, unfortunately. And that's part of it, too, is DOJ and the FBI, and I'm not sure kind of exactly where the blame lies between them or together, they are constantly leaking things to their favorite mouthpieces like the Washington Post and the New York Times. They're constantly leaking stuff that's out of context, it's unfair.

And even Bill Barr's comment to start this segment, you know, where he says he's worried about obstruction, that's a creature not of Bill Barr knowing what, you know, specifics about the investigation, but just reading the public airwaves. And there's an absolute obsession. from this investigation to suggest that President Trump somehow obstructed justice. which on the inside, we think, is actually laughable. But that he obstructed justice and therefore, he's really different than this lovely old uncle up in Delaware who happened to hold on to things for decades.

And so that's the distinction they're trying to draw publicly. It fails when you really know the evidence. It fails when you recognize that they're overreaching to the point of trying to intimidate witnesses through the airwaves. And it's very frustrating.

So to go to your other basic point, we absolutely take Mar-a-Lago seriously. We take J6 seriously. We even take a Georgia phone call seriously. Not because they're real cases or that they should ever be brought, but because we're the guards. We're the lawyers that have to try to prepare for the worst.

And strategize and fight back when we can fight back. Do you expect an indictment? I know you don't think he's going to be found guilty, but do you expect an indictment to come down? Because that's really out of your hands. Yeah, I mean, look, I'm not going to comment on that.

I mean, all I can tell you is that his team is working around the clock. to uh to get some truth out there in terms of what exactly is happening with this DOJ in particular. I don't have a whole lot of insight on the Georgia matter, but on the DOJ side, that's a place I was at home with for seventeen years. And I've seen things that I've never expected to see.

So we're looking right now for kind of our best option to make some of that more public. A lot of it's sealed, but a lot of it's not, and we're going to have a To find a way to get kind of an avenue to get the truth out there. Focuses on New York. It'll soon be on Mar-a-Lago. Jim Trustee, thanks so much.

All right, Brian, good talking to you, man. He's got a rich background, but he's also currently an attorney for President Donald Trump. In about 10 minutes, we're going out to the courthouse with Brian Yennis.

Next, your calls. Brian Kilmeat Show. Newsmakers and newsbreakers. Hear it first on the Brian Kilmeat Show. A radio show like no other.

It's Brian Killmead. That is, of course, very appropriate today, not only because it's April 4th, because this commemorates the assassination of Martin Luther King Jr., a huge laws for this country, commemorated accurately, and I think for his life and what he lived for. He was all about coming together and an iconic figure, and some lunatic takes him out.

So I just think on this day we should recognize that. And I just don't know how much His message is endorsed in the African American community today. I wish it would be. We should talk more about coming together. And less about everybody's differences.

When we come back, we go downtown, New York City. Brian Yennis is going to be with us. And Brian Yennis is going to break down what's happening. I'm watching some of the video right now. There are some crowds building up around the courthouse.

Marjorie Taylor Green is there. We understand. I saw George Santos there too, a lot holding signs.

So hopefully, everyone's smart enough to keep it peaceful because the NYP will not take. any got and they've been empowered. by their mayor, at least for one day. The more you listen, the more you'll know it's Brian Killmead. Welcome back, everybody.

We got to find out what's latest. We know the President of the United States is going to be arranged today, he's going to be leaving. Uh we think uh Shortly Leaving Trump Tower. He's got to be heading down to the courthouse where he's going to be arraigned. They've got a whole timetable there, but we'll see what happens.

You do want to be on time when it comes to court. But in terms of the, we know this for sure, 3:30. D.A. Bragg is going to have his press conference at 8.15 roughly tonight at Mar-a-Lago. The President's going to have his retort.

We know in about 45 minutes the President's going to depart Trump Tower. At about 1.20, he should be arrived at 100 Center Street, which is exactly roughly where we have Brian Yennis, Fox News' premier national correspondent. Brian, what do you see around you right now compared to yesterday? Hey, Brian, good morning.

Well, it's night and day compared. To what it's been like here for the last couple of weeks, that's because we've got. probably double or triple more media than we've had over the last couple of weeks. And we've got two sets of protesters. There's the Trump rally, the pro-Trump rally that Marjorie Taylor green, the Republican Congressman is headlining.

But Dean DeGossi has arrived here. We're seeing a scrum of media that is right over to one side of the park outside the court. And then on the other side, you've got about a couple dozen, maybe actually maybe fifty or so anti-Trump protesters who are yelling lock him up.

So that's the situation here. It's not unruly. It is peaceful. A ton of media. And as we prepare really outside of 107th Street here, as we had in front of the courthouse for former funding to arrive, So how many would you say are the Tr are the pro-Trump people?

And is Marjorie Taylor Greene there? I saw George Santos walking around. Yeah, so Representative George Santos was here, and essentially he was walking around and kind of pushed out from by the press. He kind of made his way out. I don't know if he's made his way back in.

I'm looking right now. I would say. Honestly, it's like, yeah, more pro-Trump people, but there's not we'll talk about a couple hundred people out here overall, I would say. Wow.

Well see, so where do you expect the President to enter from? Yeah, it's a good question. We expect him to enter from Hogan Street on the side. That is where the VA, Alvin Bragg, has him coming in every single day. That's the side entrance into the building.

And you know, because VA office is inside of the courthouse. It is possible, though, you know, he can come out, I guess, wherever he wants to come out. Maybe he could decide to come out right in the in the main entrance or exit of the courthouse where all the media is set up with their tents. I mean, I guess that could be possible, but I'd be sure that Uh, Secret Service will will make that determination. But uh, we're prepared.

There are cameras on all different sides of this courthouse inside. after him. We obviously know, you know, Judge Juan Merton decided that cameras would not be allowed inside the courtroom. We know Trump's legal team opposed that, but there will be a camera outside a few cameras, full cameras outside of the courthouse in the hallway.

So that is where we expect affordably former President Trump to make comments. As he's going inside the courtroom and perhaps as he's coming out. That is what's being reported that he's expected to make some comments there. And so that'll be incredibly fascinating to see what he said going in and coming out. Yeah, the word is, though, he's more likely going to be departing Trump Tower around 1 o'clock to arrive at 1:30.

The way they've listed it, maybe you want to dispel this: five pool photographers will get inside the courtroom, but video cameras will be confined to the hallways, and reporters will be barred from bringing in as much as laptop or iPad or iPhones. That according to the judge, Juan Merchant, who he decided that late on Monday.

So when the president will not be put in cuffs and he will not have a mug shot taken, he'll be kept in an office. He won't be kept in a prison area. When he comes to plead and goes in front of the judge. Do you think that? Will you be in the court there, Brian?

Will you be inside? Yeah, so. Unfortunately, obviously, we're 24 hours.

So, in situations like this, all of that's happening. I'll probably be on TV, which means I won't be inside. But I will tell you, we have obviously producers Jane Gibson and Maria Paranich who have been in line here since 2:30 p.m. yesterday. There was a line of journalists to try to get a ticket to go inside.

And so, people who got a green ticket will be able to sit inside the courtroom to witness history firsthand. Those who have a white ticket will be in a holding room where they will be able to witness what happened in the courtroom. And at that moment, after. After the hearing, people will then, you know, get on their phones and immediately tell us or come running outside the courthouse and tell us what happened. I expect for Strica Jay Gibson and interview him probably to get a sense of everything.

You know, look, this is such a highly choreographed and controlled environment for both sides. You know, you can understand why D.A. Alvin Bragg is choreographing this for his own purposes. It's going to have that press conference to describe everything that's in the indictment and the case that they are making against him, but also for the former president. Everything that he's going to say before he enters that courtroom and out of the courtroom, you know, he can control.

If there aren't any video cameras inside, you see it happening live, you know, it'll be interesting to see how it's described by all different sides that view and witness this thing. I mean, everything from the way he looks, says he's So All of that is going to be up to the anticipation of journalists who are inside and the social artists who manage the team snaps and photos. Brian Yennis is outside the courtroom. He's giving us the very latest. I see somebody thinks they're a referee and keeps blowing a whistle.

That couldn't be more annoying. The New York Times said Trump advisors have been trying to impress on the president the need to avoid rousing his supporters in a way that leads to any violence. People close to the president trying to get that through. Also, if the president wants to comment, he might do it because he could be leaving the courtroom, Brian, and not be able to. They might put a gag order on him, and that risk would be a fine in prison.

You know, this is an interesting thing that's been brought up. It is serious in the sense that a gag order, according to Trump's own legal team, would just be, quote, insane and unprecedented, given the fact that he's the leading Republican candidate. But you also have to look at the flip side of this, is that the former president has taken a true social and has completely denounced the judge and even his own family this morning as just Trump-hating people that are stacked against him. And obviously, we've talked about the fact that he, you know, used the word animal to describe Alvin Bragg, and there was the photo with the cat and all of that. And so you can understand, perhaps, maybe this is in the realm of possibility, but from what we understand from his legal team, they don't expect it at all.

They think it would be insane given the fact that the former president hasn't defended himself when this is obviously going to be something that's going to be lobbed at him and continues to be lobbed at him while he makes his case to the American people. But it is, you know, do I expect the judge, perhaps, Brian, to admonish? The former president, maybe. I mean, look, his lawyers are being careful. Joe Thakafeen and others have not gone out and talked badly about the judge as being biased or anything like that.

I think that's strategic and probably the smart thing to do, given the fact that you know, this judge will be handing out, will be handling everything. He's going to decide what motions move through, what, you know, and how this thing moves.

So, uh, we'll see how that relationship is and what Judge Kwan Murchan decides to tell him. Uh, we're talking to Brian Yannis outside the courtroom. Brian, the president put this on Truth Social when Yahoo, Michael Izikov, got the fact that he claims that there are 34 felony accounts that he'll be charged with, uh, falsifying business records.

So, along with whatever the McDougal case, this uh Stormy Daniels case, whatever Michael Cohen brings, they got separate things on falsifying business documents. You have to feel it emerged from one of the 22 long sessions that Michael Cohen had with investigators over the course of the last six years. Years. But when the President heard about that, he put on Truth Social: wow, D.A. Bragg just illegally leaked the various points and complete information of the pathetic indictment against me.

I know the reporter, and so unfortunately, does he. This means that he must immediately. Immediately indicted.

Now, if he wants to really clean up Burt's reputation, he'll do the honorable thing as DA and indict himself. He will go down in judicial history and his Trump-hating wife will be, I am sure, very proud of him.

So, do you think the Attorney General will the DA will indict himself? No, I did not expect it. The DA will not indict himself. As much as the former president would love to see that happen today, that will not happen. But this will be a victory parade for the DA.

Look, if you go on the official website for DA Albin brag, his official profile lists the accomplishments that he's had in going after. He bragged about going after the Trump organization and having secured a six-count indictment against Stephen Cannon and also securing conviction against the CFO of the Trump, the former CFO of the Trump organization, Mr. Weisselberg, on 15 selling accounts of tax evasion.

So you better believe this is something that he campaigned on. He's going to take his victory laps at 3:30.

Now, the only disadvantage for him now is that now the former president will know exactly what the indictment will say.

Now, the legal team will know what the indictment says, and the world.

So, you know, for so long, this process has been controlled by the DA, and that has been his advantage and a frustration to the former president and his team. These leaks come out to the New York Times and others, and they've been able to. Control this narrative. And when this indictment is unsealed and the world can see it for themselves, then the public will judge. And barring a gaggle, though you better believe the former size will have a lot to say about it, in the hallways of the courthouse and tonight.

And, Brian, before I let you go, for my listeners at home who are not in New York City and ones that are not in and around this area, can you describe what you're seeing? Yeah. So what we're seeing right now is there is a small park outside of the courthouse. There are pro-anti-Trump protestions with the sign that say finally Trump arrested and locked Donald Trump up, locked him up. And then there's pro-Trump rally folks who've got the Trump 2020 Make America Great flag up.

And American flags up on the other side, but it is a peaceful situation. And you've got the media focus in the zoo as we await for him to arrive. Brian, thanks so much, Brian. Appreciate it. Stay safe.

And make sure that guy with the drum goes home quickly. Brian Yennis, thanks so much. Back with Stuart Varney and Moore, and they will take your calls. Brian Kilmeicho. It's Brian Killmead.

Now the Brian Kilmead Show joins Fox Business's Varney and Company with Stuart Varney, live on your radio and on Fox Business. Here's Brian Kilmead. All right, you're about to see me on Fox Business and you're watching Fox Nation. You're saying, isn't that enough? Yes, it is.

But once a week, we do a solo cast with Stuart Corney. And afterwards, as you know, we can speak in some calls at the back end, 1-866-408-7669. As you do know, too, the Final Four is now done. The final games for the men and women are now complete. We'll talk a little bit about sports here and some of the controversy.

Believe it or not, with the women's side, not the men's side. And we'll talk about that. And we'll do that with Stuart Varney. But right now, let's listen in.

Alright Brian, it's getting rowdy down there. Uh what do you think happens if Former President Trump comes out of that courtroom after his arraignment and makes some comments, because he might do that. What do you think happens?

Well, I think if he wants to be sure, maybe he does it before. Because if he walks out and gets a gag order from the judge, which we hear they're tending to not say that, though the conventional wisdom is he won't get that. He's a candidate, wouldn't make much sense. But although I think his attorneys might like that, they wouldn't have to comment on the case. It might make it easier for him.

But maybe he says, listen, I better talk before because I wouldn't have a chance to get in detail because it has a chance to control the narrative.

Now, I do think that he might do that. He might do that. But I also think that the NYPD is so much better than the Capitol Police. And they've been warned. And everyone's in uniform.

They know how to separate a crowd. They know how to line them up. They have people, I believe, infiltrated in the pro-Trump crowd and the anti-Trump crowd. I witnessed that on Long Island with the DeSantis appearance over the weekend. They don't just wait and see what happens.

They're in there.

So they're listening. They're finding out. Also, they're monitoring social media.

So there's got to be some organization behind it. Conventional social media is the way to do it. And I don't think there's a lot of Trump fans in New York City.

So that means, as Eric Sean pointed out, You got to come in, pay a toll. Then you got to park, $75. Then you got to get out of the car. You might get a little hungry, $75 for a tuna sandwich. And then $55 for an egg.

And then $20 for a coffee. After a while, you're like, was this really worth it? Yeah. Fair point, fair point indeed. I just wonder who Yeah.

Who win wins politically if there is violence today? And if Trump is shouted down when he comes out, who wins? Does Trump win out of this, or do the Democrats win out of this? I just can't tell.

Well, you're in the business network and you know that He's got $8 million raised since the indictment we handed down. Hand it up. And you know also that 25% of these donors are first-time supporters. And you know that the conventional wisdom is rallying around him on the Republican side. I mean, We're not saying they're going to vote for him, but most people, in this case specifically, until Alvin Bragg gets to tell his story, I think at 3:30 today, which I'm sure it'll persuade some people, there'll be some surprise in the indictment.

But for the most part, Stuart, this is what drives me crazy. You know, a lot of people you know buy towers or build infrastructure. I don't. But when you do that, you got to buy or borrow off properties. You got to go overseas.

You got to do this. You got to kind of move things around. You got to maybe overvalue something, undervalue something else when taxes come up. That happens on a small basis if you have a small ranch when it comes to taxes, when you grieve them, as opposed to inflate them when you go to sell your house. If they went into Trump's background to try to find something wrong.

Nobody was complaining. No bank was saying I was sniffed. No construction company says he didn't pay me. These people went out and said, I'm going to go find something. And next thing you know, they're going to say there's going to be an AG in Indiana and goes, I'm going to find something on Biden.

I bet you there's something out there on Clinton. Maybe there's something on Obama. And we're going to go back and forth like this. I think it's just the beginning. It's a sad day for America because we've politicized the judicial system.

I'm going to really change the subject because I want your opinion on this. 9.9 million people tuned in to watch the women's NTAA basketball finals over the weekend. Coming up in July, we've got the Women's World Cup, which always rates very well. Looks to me like women's sports are gaining real traction this year. Huge interest coming in.

What say you? I've always been a big fan of women's sports, especially with two daughters playing college soccer. I've had a chance to watch them play three sports through they were 14, 15 years old. I coached it too.

So you didn't have to sell me. I need women to watch women. I need four women to say, I'm going to the sports bar tonight because UConn is playing against South Carolina. That's what I need because I'm in. You're in.

You show me a good game. There's no sexism there. Chris Everett, Martino Navitalova, I'm watching. You show sell me the Steffi Graff is playing against Martina Hingis. I'm watching.

Sell me Mia Ham. I'm watching. We have no bias. You got to sell this game. As you watch and everybody else watches, the ratings go up and so does the money.

It pours into women's sports. That's what's happening now. Absolutely good. Good stuff, Brian. Thanks very much.

See you later. All right. Thanks so much, Stuart. 1866-408-7669. We've got a couple of minutes on the other end.

But we were talking about security in New York City. Here's what Eric Adams said yesterday, cut to. Although we have no specific threats, people like Marjorie Taylor Greene, who is known to spread misinformation and hate speech, she stated she's coming to town while you're in town. Be on your best behavior. As always, we would not allow violence or vandalism of any kind Okay.

Number one, Mr. Mayor. I'm in the city. We're seeing violence all the time. One of the most dangerous things you could do is wait for a subway on the track.

So, you can't act like if Marjorie Taylor Greene comes to town from North Carolina, all hell's going to break loose. Yes, the blonde woman who happens to have a title called Congresswoman, you should give some respect. If she was saying, Yeah, Eric Adams, not, you know, I'm going to tell him I'm coming to town. I'd say that'd be disrespectful, too. She earned that title, earned it twice.

And then I think Eric Adams, the mayor, is doing what, and I said this to one of the great morning talk show hosts in the country, Sid Rosenberg, this morning. Sam Huff of the Giants and Redskins wanted to, was a great player. But he knew that if he could somehow build up a rivalry with the best running back ever, Jim Brown, he'd become even more famous and raise his profile.

So he used to always say, I'm going to stop Jim Brown. I'm the guy to stop Jim Brown. And next thing you know, they both created he created a rivalry between them. And Jim Brown's saying, I didn't even know. I don't know anything about Sam Huff.

He can't stop me, or maybe he can, but where did this rivalry come from? I think Mayor Adams sees Marjorie Taylor Greene on 16 Minutes, sees the fame she's getting, and he wants to be the law and order guy to rein her in. What do you think about my theory? BrianKillmee.com. Frightening.

From the Fox News Radio Studios in Midtown Manhattan, it's the fastest growing radio talk show. Brian Kilmead. Hi, boy, welcome to the latest moments of the Brian Killmee Show.

So glad you're here, 1-866-408-7669. We'll be taking your calls and also welcoming in Carl Rove in a matter of moments, as well as Brooke Singman. Brooke has been a Trump insider for a long time. Fox News Digital Political Reporter breaks so much news. We thought it would be great as we await all the All the antics and all the insight from what's happening downtown and what's happening from Trump Tower.

So let's get to the big three.

Now, with the stories you need to know, it's Brian's big three. Number three. They did exactly what they did in Afghanistan. They deny and deflect, and then when all else fails, they try and blame someone else. And they said, well, the Chinese weren't getting anything, and we were able to block their communications.

Well, then that wasn't true. And it's just, it's a cover-up to one failure after another. There you go. We knew it. The China balloon was allowed to cross our country and was sending real-time intel while it flew.

That's the latest report. It's outraged STEMs and Republicans alike. On display, the worst foreign policy in American history at a time when we need the best. Number two. What he's basically doing is freezing the field, and no other Democrat can tempt him.

getting in or even tease getting in, even if his poll numbers continue to crater, no one's going to have the time or resources to really challenge him. There you go, Mark Lauder. What the Trump legal drama means for the 2024 race, not just to the Republican side, but the Dems too, as President Biden tries to freeze the field, I think, and wait until fall to announce. Number one. We are expecting to see him arrive at the Manhattan Criminal Court building sometime around 1 ahead of that 215 arraignment.

We also are not going to be seeing this in real time. That is a new twist that happened last night. The presiding judge ruled that the court proceedings will not be televised, only still photos will be permitted. And there you go. Laura Engel, the latest, as Trump is arraigned in New York City in about two hours.

We'll have the action as it unfolds and we'll lay out what we know about the charges and the procedures. Call Rove. Uh welcome. This is one of those days where it's really like no other as the President of the United States in about 90 minutes going to make his way in downtown New York City. The protests have been quiet.

They've been impactful, though. It's caught a lot of chaos, and there's a ton of media. What do you think is at stake for the President today?

Well, I mean, this is a very unusual day for a country. And he's going to be indicted, formally charged. And The one of two things is going to happen. Either the DA of Manhattan is going to show his cards, and people are going to say, Do there's some serious evidence against the former President that he has committed acts worthy of being indicted and felonious acts, or they're going to say, you know what, this is a stretch. And what's interesting to me is You take Jonathan Turley, who's basically apolitical.

professor of law who says this doesn't look Sirius, and it looks like a stretch, and it looks like It's political. You have David French, conservative lawyer, deeply involved in religious liberty cases, a guy that I enormously respect, who's not a fan of Trump, who says this doesn't look like it's worthy of being acted upon, and it's a stretch. And if it's a and the underlying legal theories are novel, and given that, you shouldn't indict. And then you have Andrew McCarthy, who I know you know well and I know well, who I have enormous respect for his legal talent, who says that this is a very bad case. You do not charge the former President of the United States Was something less than a completely saucered and blown serious matter.

And to claim that what was a misdemeanor where the statute of limitations is run, and the only way you can get it into court is to claim that the one hundred thirty thousand dollar payment to Stormy Daniels was a camp was a violation of federal campaign law.

Well, that is a very strange thing to allege.

So he's raised about $8 million already since the indictment came down. 25%, they say, is from new donors in particular. You have people like Jeb Bush also weighing in, says this was political. You know what bothers me most, and Carl, I'm going to be able to do that. Just, for example, they decided that they're going to look into his business records, and they came up with a million-dollar fine and found him guilty on something civilly.

He took the fifth for whatever reason, the presumption of innocence, but he decided to take the fifth. They're using some of that, and now they're evidently in some of the felony charges. They're going to say it's falsifying business records. When you do international business in Saudi Arabia, in Scotland, when you're buying golf courses in Westchester and the Bronx, and you have a tower named after you and one in Chicago, too, there's going to be complicated fiscal transactions. Nobody was complaining.

They just decided we're going to look into this. And what's stopping the next person from running and looking into it that might have complicated tax returns?

Well, I'd say two things. One is the DA of Manhattan won the Democratic primary and thence the general election on an anti Donald Trump platform, so he came into office with a bias. And second of all, his predecessor, respected respected DA for many years, Cyrus Vance, he looked into this and decided not to prosecute. This is going down a very dangerous path. That's not to say that a former elected official shouldn't be held to account like everybody else, but if you pick out somebody Who formerly held office, particularly the office of President of the United States, and demonstrate that you are politically opposed to them and look like you are stretching the law in order to punish your political opponent.

That is not good for the American system. That is not good for our system of law. It's not good for our democracy. It's not good for our political system. And it sets a dangerous precedent.

That's not to say anybody should be above the law, but if you're going to go after the former president of the United States, it better be for good reason with strong evidence for something that people really care about. Look, you know, remember when the United States Congress went after Bill Clinton for having an affair with an intern. And remember how many Democrats said that was a private consensual thing and it wasn't worthy of it?

Well, the American people decided. They decided in 1998 by punishing the Republicans at the polls, saying you overreached. This is going to damage the Democrats If this turns out to be a nothing burger. It's going to help Donald Trump inside the Republican primary. No ifs, ands, or buts about it.

It's not going to help him in the general election because even at the end of it, people are going to be sitting there saying, well, they shouldn't have charged him. With a crime, but he did pay $130,000 to a porn star for allegedly having an affair in order to keep her quiet about it during a political campaign or to keep his wife from finding out about it. That ain't going to help him in the general election. In the primary, this is going to seek to, you know, is going to act to rally people around him, and for good reason. It looks.

political and it stinks. And it's a huge distraction. We have some real issues going on right now, and that is Saudi Arabia has decided, I think, I'm going to up the price of oil. I'm going to lessen, I'm going to cut back on production. The U.S.

has not increased or restocked their oil reserves lowest since 1983 that they replenished. And for some reason, this president doesn't feel it's in our best interest to replenish that stock. That is dangerous. That's against the American people. And now we're going to help Russia finance a war against Ukraine and Saudi Arabia work more with China.

And it's incredible that we're doing this. And the President could have said, I'm going to remove the regulatory obstacles to allowing infrastructure projects in our oil country to allow us to bring to produce more oil and natural gas and bring it to market safer and easier and less costly. He could have been doing things for the last two years, last three years almost, that would be bringing down the price of energy that the American consumer is paying when they pay their utility bill and when they fill up their car. But no, no, he's often doing other things. And then he sends his Homeland Security Secretary on sixty minutes on the weekend, who refuses to say there's a crisis at the border and says everything's okay.

Don't worry about all those people pouring across our southern border. I mean, we they face big issues as a country, and this is a distraction. And it gives it not only a distraction from the Republican presidential contest, because they're going to focus everything on Donald Trump. It's not only a distraction from the big problems our country faces, but it's a distraction from the failings of the current administration. What have we really remember when inflation was supposed to be transitory and gone long before now?

And we face a very tough series of challenges as a country, and now we're being distracted by the DA of Manhattan. Filing charges against the former president of the United States for business records. And when he finishes this thing, if he has not convinced the American public that this was worth doing, this is going to be a real problem for our country for years to come. And I'll tell you this. I am not in support.

The president's got to play a perfect game. He knew there was going to be targeted after, especially after January 6th. And all those paperwork ends up in Mar-a-Lago. He gives up 17 boxes right away, and then we know the back and forth that happened ever since. They've come back.

Now they've interviewed his attorney. Um Kevin Cochran. And they've made him. They subpoenaed him.

So he has got to turn on his client, theoretically. Then they just said, okay, we need Secret Service going to be subpoenaed. We need to talk to you and his valet. This guy, Jack Smith, is going after him in a way I didn't think was possible or legal, even though they say it is. A judge that says you can go do it.

The aggression in which they're going after the president, knowing the current president, also has a huge classified document issue. We know nothing about what they took from his lawyer's office over, I think, in Boston. They knew nothing about what he took from the University of Delaware, just dozens of boxes. And we don't know really the contents of any of the classified material that's been confirmed.

So what's going on here?

Well, look, this is this is where distinctions matter, and I have a slight difference. President Trump deliberately took material from the White House that he should not have taken, boxes upon boxes of it. The National Archives and Records Act of nineteen seventy eight said he shouldn't have taken a single document out of the White House. And he took boxes. For a year, the government said, give them back, give them back, give them back.

And a year, they gave back fifteen boxes of material in which there were over one hundred pieces of classified information. They ask for everything else to be turned back. In June of 2022, the President's lawyers say we have given back everything, and we give you an official statement stipulating we've had a diligent search.

Now we now know from the valet, apparently, And probably from Secret Service, that classified documents remained at Mar-a-Lago and that the president knew about them. And that is a problem because that's obstructing justice. You have been subpoenaed, you've been served with papers, you have said that you've given everything back, you've given an admission that you've given everything back, and there was evidence enough to convince a judge that they had to be able to search Mar-a-Lago and they found 103 classified documents.

Now, the valet is being Is being brought forward. Molly Michaels, his assistant, her emails apparently contain evidence. And I think the reason that they have the Secret Service agents there are that Secret Service has no statutory responsibility for the maintenance and upkeep of classified documents, but they are sworn federal law enforcement officers. And if they saw classified documents, they had a responsibility to report it to the officials who do have a statutory responsibility, which is the FBI Counterterrorism Division, which is why the head of it shows up in June of 2022 and says, Will you please secure these boxes? And are you sure you've given us everything that was classified?

Now, that's different than Biden because Biden has not obstructed. But Biden may have lied because in the Biden secret, in the Biden classified documents, Are documents that he saw and received as a member of the United States Senate. And when you exit a skiff, a secure facility where you've been looking at classified material, you were asked by a representative of the intelligence community, Senator, are you clean? Which means have you left all of the documents in the room? And he had to have said at some time, yes, But then, how did these classified documents from his Senate years end up either at the Biden Center in Washington, D.C., or in a box in his garage next to his Corvette in Delaware?

We don't know. But these are different things, but they're going to be conflated in the minds of the American people as being one and the same. One being a careless handling of classified materials, and the other one a deliberate attempt over a two-year period to hold on to classified documents that should never have left the White House at noon on January 20th, 2021 at all. The detail is amazing. There's nobody like you, but I'm going to add something to this.

Jim Trustee was on with me about an hour ago. He's handling the documents case in the J six case. He's one of the members of the Trump team on that. And he said that we have a major problem with the Washington Post story.

So they have a point of view on that. And he seems very confident.

So I'd be very curious to see maybe off the record I could have a conversation. But aren't you amazed, Carl, at another level? I want you first. Here's what the President, when asked about this from Sean Hannity, said: cut 15. I would have the right to do that.

I would do that. All right, let me move on. Let me remember this. This is the Presidential Records Act. I have the right to take stuff.

Do you know that they ended up paying Richard Nixon I think $18 million for what he had? They did the Presidential Records Act. I have the right to take stuff. I have the right to look at stuff. Do you agree?

No. He has a right to look at things, but he has no right. Read the statute itself. The National Archives and Record Act of nineteen seventy eight says any document created in a White House Belongs to the people of the United States and is their property, not the property of the President. Look, when I left the White House, I was a White House employee.

I wanted to take, I wanted a copy of my schedule. I had to ask for one. It had to then be reviewed. Seven years of my calendar had to be reviewed to make certain there was nothing in there that was classified. And then I was given a copy.

So he had every right to say, you know what, I'd like some copies, but he had to request them.

Okay, real quick, Dick. But I will say the Washington Post story has this detailed account from Jack Smith, the investigator's perspective. Can I see the Joe Biden account? Have you heard anything from the Biden leaks in the investigation?

Well, and there's a separate U. S. attorney on that. But look, again, we don't know where those leaks came from. We don't know if the leaks came from Jack Smith or whether they came from Team Trump.

We don't know where they came from. We have a logic, Gene. Yeah, we do. Carl, thanks so much. I appreciate it.

All the best. He's the best. 1-866-408-7669. I'm going to go inside the Trump camp in just a moment, but your call is next. Giving you everything you need to know.

You're with Brian Kilmead. If you're interested in it, Brian's talking about it. You're with Brian Killmead. This is historic and we have to cover it, but my God, right? You know, there's nothing relevant or historic about.

The trip on the LIE, you know, or on the on the on the, you know, in from LaGuardia. The movements are not part of the story. They are, uh, they're, they're just us kind of, when we do this, it's just us kind of filling time in a way that benefits Trump and doesn't exalts him in a way, like makes him into a king.

Well, that's MSNBC's John Heilman hates Trump. despises him And he pointed out, and we didn't do it, they did it. They had Trump's plane in West Palm Beach, Trump waiting on the tarmac to take off, Trump landing at La Guardia, Trump disembarking, getting in a car, waiting in lights as he went to the LAU, coming back to Trump Tower, going into Trump Tower. There's Trump Tower. Let's stand outside Trump Tower.

Let's see if the protests happen. Let's see if supporters show up. Let's wait all night and speculate on how guilty Trump is. That's what they did. They are desperate to get ratings.

Instead of just doing, you know, staying with, I don't know, your, what you believe, tell me how great Joe Biden's doing. I'm sure you got some great policies to trumpet, right? Why not bring that up? Oh, wait a second. There are none.

You got that Chinese balloon story. Turns out as dangerous as anything they've ever done, and we let it fly.

So they didn't want to talk about that, but Donald Trump. On some type of financial crime. That's great. Your choice. Brooke Singman next will go inside the Trump camp.

What's the president, former president, thinking now? Radio that makes you think. This is the Brian Kill Me Show. What's gonna happen today is completely routine. It's just an arraignment.

And as court proceedings go, Rather uninteresting. You show up. On time, the judge comes out on the bench, the charges are unsealed, the judge advises the defendant, in this case, Mr. Trump, of what the charges are. That's probably when we're going to learn it, too.

And then It's rather quick. He sets bond. In this case, I'm imagining that mister Trump will be released on personal recognizance. And the judge might set some other dates for motions or a status hearing, maybe even a trial date. Trial date, that would be interesting.

And that was Chuck Rosenberg on another network giving speculation how it's going to go today. But there are some things that we don't know about. What about the motions that are going to be set forward? Are any going to be granted? They're going to try to push the judge out, perhaps.

I don't know. It depends on who is taking the lead with Trump's defense because he just added a new attorney. To me, there's a lot of intrigue today, and there's a big crowd outside the courthouse. They seem to be calm. And there's a crowd outside Trump Tower.

Brooke Singman has been really marshaling a lot of the original news coming out of the Trump camp for the past two, three years, Fox News Digital Political Reporter. Brooke is now in the studio. Brooke, great to see you. Hey, Brian, thanks for having me. You've been up since 2:30 working this story and been doing it like crazy.

Before Trump left for LaGuardia Airport yesterday, would you describe the mood in camp? I think the Trump campaign is really excited right now about one thing, and that's about the amount of money that they have been able to raise since Thursday when the indictment news came out. I mean, the Trump campaign has raised $8 million since Thursday. And I mean, they're not excited about an indictment. They're not excited that the president, for the first time in American history, President Trump is going to be the first president arrested and arraigned in a courtroom.

But they are campaigning off of this right now.

So $8 million in less than a week for this campaign for 2024. He is the leading Republican candidate right now. And so right now, they're using this case to campaign. He was being told by his people, I understand, that he was not going to get indicted. That Alvin Bragg was scared off by the backlash he got about the prospect of an indictment coming down.

But then when everyone was surprised Friday, when it came across, can you describe what it was like in Trump camp? Who was telling him? Don't worry about it. I mean, even as a reporter, just having covered these hush money payments and this Manhattan DA investigation, which opened in 2019, I was surprised. I mean, when you look at the timing of these hush money payments, which Manhattan DA Alvin Bragg was investigating.

Those took place in 2016. The statute of limitations has run out on those payments. But I spoke with a few legal experts, and they have said, you know. If these hush money payments are what Trump is being charged with, I mean, just to remind the listeners, the indictment is under seal right now. We don't know what the charges are.

We won't know until the President the former President is out of court today. But Legal experts have said if these charges are related to these hush money payments, the statute of limitations is nearly running out because. Michael Cohen, Trump's former lawyer, made the final payment to Stormy Daniels in twenty seventeen, which means that would have been part of a twenty eighteen tax record, which means five years felony. What are we, two weeks out from that?

So I don't know what the former President's legal team was telling him in the days leading up to the indictment, but I really do think that just my take is I think they were surprised by this. This is what Michael Isakoff is reporting. That there are thirty four felony accounts For falsifying business records. Was that discovered in the civil trial, you gotta wonder? Which you would think that a criminal trial would go before a civil trial, but it seems like they're just phishing.

Hey, this guy's got a bunch of businesses, golf courses around the world, hotels and buildings. There's gotta be something. But no, it's so what's so odd for me is nobody's complaining. I mean, TD Bank, Citigroup, they're not saying Trump didn't pay me back. There's no construction company saying this guy hasn't honored his commitment.

They're saying you overvalued your property to got something that you completed that's now flourishing. Excuse me? I mean, since when is that an attack plan? Right.

I mean, again, we don't know. And yes, Yahoo's been reporting these 34 felony charges or felony counts, but we don't know if they're felony counts. We have no idea right now, even how many counts there are, because, again, that indictment is under seal. And these reports are just coming out from leaks. I don't know where those leaks are coming from, Manhattan DA's office, the grand jury.

We don't know. So I want to be careful to talk about those charges because we don't know what they are. You don't necessarily believe what Isakoff's reporting. I don't not believe him. I just like to be really careful with it.

So I think we have to wait to see. And we just have a few hours until we get the real facts out of this. Right.

We know this, that Alvin Bragg is going to speak at 3:30. And that will be his first chance to get aggressive. And I imagine he's going to be. That this has been going on for so long, and he's going to pretend as if politics isn't involved. We know a recent CNN poll for all for all intents and purposes, 76%, even though over 60% believe he did something wrong, 76% say they believe politics is involved.

I don't know anybody who thinks politics is not involved. It's actually got people like big anti-Trumpers who voted for impeachment, like Bill Cassidy, Senator Bill Cassidy of Louisiana, Jeb Bush, who we know is probably the least. The least of a Trump supporter you'll ever meet in your life. They said this looks political. I'm not sure about the other indictments.

I mean, we'll see. He only has been indicted once, of course. But, you know, right. I mean, the thing is, is former President Trump, his whole presidency was clouded by investigations. It was the Trump-Russia investigation.

Then it was, you know, impeachment number one. Then the Democrats in the House wanted his tax returns. Then it was impeachment number two. Then he was investigated.

Now he's being investigated not only as part of this Manhattan District Attorney investigation, but don't forget, New York Attorney General, state charges, Letitia James is investigating him as well for his business and his business deals. Then you have a special counsel appointed investigating him for alleged mishandling of classified records, a special counsel investigating him for his alleged involvement in January 6th, and you have a Georgia grand jury investigating him as well.

So investigations, nothing new for the former president. A lot of people say those investigations, all of them have been political.

So it'll be interesting to see how Bragg can defend himself against those claims of political. And I hear they had this back. And then I see this big story today that the president lost $800 million on it.

So I see two different things. One, it's been a boon. Another, it's been obviously a bust where people are hesitant and users aren't exactly where they thought they'd be. And one of the things that hurt him, ironically, is that he went back, they made him eligible to go back on Twitter, and people fear that might invest that he's going to go back on Twitter. The president needs as much money as possible, right?

Right.

I mean, I did speak with Trump back in the spring when Elon Musk made it clear that maybe he would allow him to come back on Twitter. And he told me, and he's told me repeatedly, he will not go back on Twitter. He will stay on Truth Social, his own Truth Social platform, which he uses a lot. I mean, just so you know, just an hour ago, he said that he wants to move this case to Staten Island. He thinks that he's in a very unfair venue here in Manhattan.

He thinks he would be in a better, more fair courtroom in Staten Island.

So we'll see. But he uses this Truth Social account just like he used to use his Twitter. I think there's even a little more. More space for him to put his messages out in terms of character count. But, you know, this has been a boon for Truth Social because everybody wants to report this story.

Obviously, they're desperate to get ratings. Trump is ratings because they like to criticize him. But now they say that they're going to have some motions: motion to dismiss the case, motions to remove the judge, motions to remove Bragg, motions to make sure there's not a gag order. If there is one, they're going to push back on it. Any of these less or more likely?

I mean, it's unclear. Again, we just have to see what happens today. I know that one of Trump's defense lawyers, Joe Takapina, said that he will plead not guilty to these charges. You know, I don't know what they will motion for, but in terms of dismissing the case, I think Trump even used his Truth Social yesterday to say that Bragg should indict himself for leaking details of this indictment. I'm pretty sure that's going to happen.

In terms of a gag order, exactly. In terms of a gag order, I mean, we don't know if the judge is going to place a gag order over the former. President. It would be unprecedented. Jim Jordan and James Comer in the House of Representatives today called a possible gag order over the former president unconstitutional.

So we'll see. If there is a gag order placed on the president, that doesn't mean he can't go out and speak about other things. He is campaigning. He is the 2024 Republican frontrunner. He's supposed to make a speech tonight at Mar-Lago around 8-8-15.

Even if there is a gag order, he can give that speech. If there's a gag order, he can't talk about the case. If there's no gag order, he can use this to campaign. Right.

I actually, I'm in the minority that I believe a gag order would actually help his case. It lets the lawyers do their job. And the minute he criticizes the judge or the DA or says something about what happened in the event or makes a derogatory remark about Stormy Daniels, I don't know how that works for him. It just is venting. David Schoen was an attorney for the president during one of his impeachments.

He said this last night. About what likely has happened shortly, Cut5. I think there are three motions they should file immediately after the arraignment. One is a motion to dismiss on statute of limitations grounds, very interesting arguments there. One would be a motion to dismiss and disqualify District Attorney Bragg, I think, based on his campaign statements, specifically targeting President Trump and promising to convict him when he wasn't even under investigation.

And third, I would personally move to recuse the judge. I think that there's monkey business going on with the judge shopping process, and I have an historic basis for making that claim. But we'll see. I don't think it's coincidental that he was a judge on the Trump organization case and the Bannon case and now this case. And they in the past have acknowledged a practice of judge shopping.

And they have a CFO at Rikers Island, 75 years old, for tax evasion, things like using company funds to pay for his granddaughter's private school. You're talking about $20,000 or $40,000, which is insane. Usually that would be a fine if that was discovered. It wasn't discovered until the House or the AG decides they need to have his tax records, and this exposes all these things. Yeah, that's Alan Weiselberg you're talking about, right, from the Trump organization.

That's the only other charge out of this years-long Manhattan DA investigation.

So, yeah, it is interesting. It's the same trial judge that's overseeing and presiding over Trump's case. We'll see. I think that the Trump defense team will pull out all the stops here.

So, we'll see what they do. That lawyer, Mr. Schoen, makes great points, and we'll see what they actually do today. I would love to see what Trump does, because if he talks before, he might. Want to talk before in case the judge wants to do the gag order and their appeal fails.

Exactly. And then there's talking after, and people have to wonder: wait a second, if I talk after, they'll know what the indictment is, there'll be some flurry around it. There's an unknown, there's a risk. I'm on the courthouse steps, I'm taking it. People start shouting questions about one of the 36 counts that nobody knew about that came out.

So to me, maybe speaking before, if he was going to do it, makes sense. He also loves the dramatic moment, even if it's something as perilous as this. Don't you agree? I mean, he is a celebrity. I mean, this is the former host of The Apprentice.

This is how people grew up with Donald Trump as Mr. New York, Mr. Apprentice, and now, you know, President of the United States. He is arguably the most famous man in the world. I think everybody in this country at least watched a video of his plane flying from Palm Beach to LaGuardia yesterday.

So, yeah, I mean, I don't think that the attention on him in the last few days because of this indictment is bad for him right now. I mean, like we've been saying, he's using this, as of now, at least, for 2024 campaigning: $8 million in less than a week raised because of this. All right. By the way, protesters are getting physical outside the New York City courthouse. We don't know how physical, but that is now the lead story on foxnews.com.

Brooke, thanks so much for joining us. I appreciate it, Brooke Singman. Fox News Digital Political Reporters all over the Trump team, and we'll see what happens today. Do you think tonight, around 8:15, do you think the president will be the only one speaking? Will it have more of a rallying cry, or will it be a typical campaign speech?

I feel, you know what? It depends on that gag order, of course. But I think he'll be the only one speaking, and I think he's going to get up there and project strength. I think that's the move. At the end of the day, yes, he's been indicted.

Yes, he will have been, will have surrendered to the Manhattan DA, will have been arraigned in court, but he's already been impeached once, impeached twice, under investigation a million times. This is, yes, this is the formal charge. This is what, you know, his the people that have been against him have been waiting for for all of these years. But for him, I wonder if he feels any differently today than in the past. He constantly is under attack.

He's constantly the target of these investigations.

So I wonder how he will be this evening. I don't think you can expect him, whether there's a gag order or not, to be timid in his remarks. He did look rattled, in my opinion, talking to Hannity. Yeah. I did think I see the wear and tear really for the first time.

And at the end of the day, he is strong, but he's a person. He's a human being. He's got like four legal teams working around him, all wanting to get paid a lot of money. And then he's got to make sure that revenue is coming in. Brooke Singman, thanks so much.

You do incredible stuff. And we have very similar hours. I'm watching you come in, getting ready for my show. Brooke, thanks. Thanks, Brian.

All right, and she'll have a late night tonight. Brooke, thank you. Back with your calls and thoughts in just a moment. And we'll hopefully go outside Trump Tower to find out if it's getting also physical out there. Brian Killmeat Show.

Expanding your knowledge base. It's the Brian Killmeat Show. Breaking news, unique opinions. Hear it all on the Brian Kill Me Show. The worrisome thing about all this is that if you have a huge segment of the American public believing that there really are two-tiered justice, a two-tiered system of justice in which unfavored people get their shaft and everybody else gets away, that's problematic and terribly divisive and very bad for the country.

And that's what he's worried about. He's worried about what's going to mean for the country. And I'm telling you, there's going to be a DNA in Indiana when things start emerging about these bank records and being bigger than Tony Bobolinsky. And evidently, Joe Biden has other people, Joe Biden's son, have partners with the Biden family, who, by the way, with the Biden family, that want to come out and talk.

So, you know what Tony Bobolinski said? People ignored. We didn't.

So if they come out and talk and say, listen, I feel terrible, Devin Archer, Rob Walker, and they come out and just say, I don't want to get in trouble. This is what he's doing. I was just doing my job. I was trying to make some money. The Biden family said this thing was done.

I don't know what's illegal and what's not. But what if a DA just says, listen, President of the United States got a huge problem with this. He is sacrificing the sanctity of the country, the safety and security of my people in Indiana. I'm going to sue. He's breaking the law of financial crimes.

I believe that by being soft on China because of the business deals he cut, we're going to sue. And you might say, well, that's unfounded. That's unwarranted. It'll probably go nowhere. How's that help the country?

They're just obsessed. Trump was, President Trump, I thought, was extremely unlikely to get the nomination. It was going to be a dogfight all the way through. If this continues. And it becomes very apparent that this is politics.

And we'll know a lot at 3:30 today, not just what's in the indictment, but when Bragg speaks, when he speaks at 3:30. Hopefully, the story won't be outside the courthouse. We hear it's getting rough outside the courthouse. I don't know how rough. But it Cops were everywhere, and I'm thoroughly convinced the NYPD can handle it.

Thoroughly. There's nobody better. The problem is they've been handcuffed, pun intended, uh from doing their job.

So, if you just let them do their job, things don't become the story outside with riots like January 6th, and I don't think it's going to be. And it just becomes Bragg telling his story. And then MSNBC and CNN will have something to go with besides speculation. And then Trump ends the night with his rally at 8.30. If the winds at his back now and then they were able to somehow When the argument on the documents case, the January 6th case, and I do believe the Georgia case.

You're gonna have a guy that's not gonna be beatable to get the nomination. But call Rove and others speculate. How is he possibly going to win the general? Because who are you winning over to get the moderate vote? Who with Democrats?

Are going to just bail? It's going to be interesting. Keep it right here. We're going to stay all over this as it happens, as it unfolds. New York is the center of attention again.

Donald Trump, again, is going to be heading downtown shortly when he wants. We'll be here in about an hour. He'll be arraigned. He'll be what? Relatively routine.

And then there'll be nothing routine about what happens next. Thanks so much for keeping it here. Brian Kilmicho. Download Fox News Channel's The Five Podcasts for free. Five of your favorite Fox News personalities discuss current issues in a roundtable discussion.

Get it now on Apple Podcasts, Google Play, and Fox NewsPodcasts.com. Listen to the show ad-free on Fox News Podcast Plus, on Apple Podcast, Amazon Music with your Prime membership, or subscribe wherever you get your podcasts. Mm.