‘The Five’ reacts to the new Trump indictment

with an election right around the corner and the first ballots going out in North Carolina in just N9 days yes before the debate we are getting an August surprise special counsel Jack Smith has again indicted former president Trump in the election interference case the four charges in the original indictment have not changed but Smith just reframed his case after the Supreme Court's decision on presidential immunity Trump is flat out calling it election interference at its worse and referencing the doj's 60-day rule that discourages new legal action before an election his running mate JD Vans backing him up it looks like Jack Smith doing more what he does which is filing these absurd lawsuits in an effort to influence the election the reason the Supreme Court threw out his lawsuit is because they said it implicated the president's official acts of course which the president has immunity in conducting those official acts I don't think that it's changed anything legally I think it's clearly an effort to try to do more election interference from Jack Smith he should be ashamed of himself yeah but it seems some of the media are cheering it on it is a slick move but because of the slow the slow nature of our justice system uh this is a conversation we are still having I will say the 60-day rule is not actually a rule it's a norm it's a practice it's not written in law it's not a something that is written in stone it's a policy a guideline of sorts nothing has changed to the actual text once a case has begun once the prosecution has commenced it can continue to do so up through and including and Beyond election day judge she said it wasn't a rule it's a norm and I thought we were going to return to Norms yeah well not only that it is a rule it's 9 85500 Federal prosecutors and agents may never select the timing of any action including investigative steps and criminal charges for the purpose of affecting an election or for the purpose of giving an advantage or disadvantage from one side to the other let me explain something whether it's 90 days or 60 days this has been a rule that every attorney general has affirmed and reaffirmed since George Bush the first one was President okay they do it all the time to try to make it clear to the American people that when the feds come in whether to announce an in investigation or an indictment that they're not going to do it in a way that will interfere with an election or make a candidate look good or bad now there was no legal reason whatsoever to bring this case right now given the fact that it's not going to go to trial before the election so what was the point and I don't want to hear this nonsense about this is a continuation of the other case if it's a continuation of the other case then why was that charge dismissed and why was there a superseding indictment why was there a brand new grand jury there was a whole new investigative grand jury here that tells you that this is a new indictment so all of this nonsense is about the dem's continuing uh interference with the election beginning with Merrick Garland who made the decision to appoint a special counsel without the advice and consent of the Senate and you know Jack Smith doesn't have the authority so this whole thing is just a classic example of what the Democrats do to affect an election ction Jessica you have thoughts there on your paper I do um have thoughts on my paper and I'm going to have my thoughts out loud so Trump says anything he doesn't like is election interference that's his favorite thing to say and I think this is largely baked in people who think that he's a victim of the justice system and law fair believe that and people think that the American people have a right to for him to have his day in court and to also see the evidence presented and to have people rule on that before an election where they have to give him the most important job in the world again feel that way about it my understanding from reading the coverage from back in March so he was in a Florida courtroom um and Jack Smith's team were down there and they explained that the 60-day rule or the 90-day rule doesn't apply when someone is already in the hands of the justice system when they've already been charged and Donald Trump has already been charged why they're saying that this is a quote slick move is because Jack Smith basically headed off what he knew would be coming if judge chuen ruled on this again or said something he went back he kind of trimmed the fat off of the indictment based on the scotus ruling which you guys all thought was so great so he took that under consideration and he brought these same four charges again but with its slim down and changing the language all over so instead of talking about Donald Trump as president he talks about Donald Trump as a candidate for president in 2020 Mike Pence isn't the VP anymore he is the president of the Senate and you're right that new grand jury looked at and they said hell yeah all four of those charges make sense he should go to trial for this he's going to be charged it is not election interference it is a continuation of this case and it does not violate the 60-day rule or the 90day ru let me just say and I'm going to interrupt here because I have to what what u u uh Jack Smith's Council said in court referring to these this 60-day rule he said that the 60 days relates to Bringing indictments in the days leading up to an election and is not relevant to a case that is already pending this is a new excuse me this is a new indictment which his own assistant said what tolls the 60 days Jesse it feels like they're slicing the salami pretty thin to get to this yeah you can be president and a candidate Jessica at the same time are you arguing what he did was fine correct correct I'll answer for you jack Smith's case got shredded by the Supreme Court when they ruled on presidential immunity for official acts so all Jack did was reward the indictment and make all the official acts unofficial that's all he did great analogy by Turley if I may yes please and I'll make it my own because I'm from Philly this is like a woman going to order a cheese steak in Philly and saying can I get the low calorie cheese steak and the chef just cuts it in half handser or the half and charges her full price it's it's it's BS Jessica and everybody knows it all he could have done as judge said was just wait until after the election what if he waits until after the election commo wins and then he can refile and do whatever he wants or Trump wins and then he can refile and get fired either way he didn't need to do it Garland should never have let this go it violates the spirit of the law 60 days when we have 69 days and the letter of the law because they're going to be voting in like 16 days Greg Gutfeld do you have any wise words I'd like to talk for the next few minutes about the 60-day rule great that'd be great basically I tell everyone it's 60 days don't fall in love with me that's it that's it look I don't think we should be surprised think about everything that's been thrown at Trump okay you have you've had petitions you've had law fair you've had a nonviolent coup there's something new you've had non-stop media collusion you had a cover up of a coverup of Joe Biden's cognitive failure you had what seven eight years of calling Trump Hitler and stating rather clearly that he must be stopped and you must do everything possible to stop him I wonder if that contributed to him getting shot I swear if these people could go back in time and smother Trump in the crib they' bring a pillow so when you step back you got to wonder why it is emotional they're not talking about any policy no facts just a tornado of terrified emotion you know there's there's this new petition did you see this of Republican staffers they've endorsed Harris you know how spontaneous is that it's just like the 51 Intel agents who plan that one but it's the status quo once again fear the one man who won't stop and he doesn't care so here's my here's my plea if I may Dana absolutely if you're truly radical out there if you're an honest to God Rebel okay how can you not be in favor of trump they tried to arrest him they tried to sue him they tried to shoot and kill him they changed laws to destroy him they changed the way we voted to keep them from winning they shamed they targeted they doxed they hoaxed supporters I mean this is a moment you got to ask yourself are you going to join the pirate ship or the Pontoon of pansies as a pansy you really think he didn't do any of the things I really want to do my one more thing today I'm going up next vice president KLA Harris's friends over in California they are helping illegal immigrants make a down payment on a home click here to subscribe to the Fox News YouTube page to catch our hottest interviews and most compelling analysis you won't get it anywhere [Music] [Applause] else foree 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