‘The Five’ reacts to the new Trump indictment

>> Dana: WITH AN ELECTION RIGHT AROUND THE CORNER AND THE FIRST BALLOTS GOING OUT IN NORTH CAROLINA IN JUST NINE DAYS -- YES BEFORE THE DEBATE -- WE ARE GETTING IN AUGUST SURPRISED. SPECIAL COUNSEL JACK SMITH HAS INDICTED FORMER PRESIDENT TRUMP IN THE ELECTION INTERFERENCE CASE. THE FOUR CHARGES IN THE ORIGINAL INDICTMENT HAVE NOT CHANGED BUT SMITH REFRAMED HIS CASE AFTER THIS UP IN 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 J.D. VANCE BACKING HIM UP. >> HE LOOKS LIKE JACK SMITH DOING MORE OF WHAT HE DOES, WHICH IS FILING THESE ABSURD LAWSUITS IN AN EFFORT TO INFLUENCE THE ELECTION. THE REASON THE SUPREME COURT THROUGHOUT HIS LAWSUIT IS THEY SAID IT IMPLICATED THE PRESIDENT'S OFFICIAL ACTS COME OF COURSE, WHICH THE PRESIDENT HAS IMMUNITY CONDUCTING THOSE OFFICIAL ACTS. I DON'T THINK IT CHANGES ANYTHING LEGALLY. I THINK IT IS CLEARLY AN EFFORT TO TRY TO DO MORE ELECTION INTERFERENCE FROM JACK SMITH. HE SHOULD BE ASHAMED OF HIMSELF. >> Dana: BUT IT SEEMS SOME IN THE MEDIA ARE CHEERING HIM ON. >> IT IS A SLICK MOVE. >> BUT BECAUSE OF THE SLOW NATURE OF OUR JUSTICE SYSTEM, THIS IS A CONVERSATION WE ARE STILL HAVING. >> I WILL SAY THE 60 DAY RULE IS NOT ACTUALLY A RULE, IT IS A NORMATIVE PRACTICE. IT IS NOT WRITTEN IN LAW, IT IS NOT SOMETHING WRITTEN IN STONE, IT IS A POLICY, A GUIDELINE OF SORTS, NOTHING HAS CHANGED IN THE ACTUAL TEXT. >> ONCE A CASE HAS PROGRESSED, IT CAN CONTINUE TO DO SO UP THROUGH AND INCLUDING AND BEYOND ELECTION DAY. >> Dana: JUDGE, SHE SAID IT WASN'T A RULE, IT IS A NORM. I THOUGHT WE WERE GOING TO RETURN TO NORMS. >> Judge Jeanine: IT IS A RULE. MAY NEVER SELECT A TIMING OF ANY ACTION INCLUDING INVESTIGATIVE STEPS IN CRIMINAL CHARGES FOR THE PURPOSE OF EFFECTING AN ELECTION OR FOR THE PURPOSE OF GETTING AN ADVANTAGE FROM ONE SIDE TO THE OTHER. LET ME EXPLAIN SOMETHING. WHETHER IT IS 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 FEDS COME IN, WHETHER TO ANNOUNCE AN INVESTIGATION OR AN INDICTMENT, THAT THEY ARE NOT GOING TO DO IT IN A WAY THAT WOULD 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 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 DEMS CONTINUING 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 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. >> Dana: JESSICA, YOU HAVE THOUGHTS ON YOUR PAPER? >> Jessica: I DO HAVE THOUGHTS ON MY PAPER AND NOW GOING TO HAVE MY THOUGHTS OUT LOUD. TRUMP SAYS ANYTHING HE DOESN'T LIKE HIS ELECTION INTERFERENCE, THAT'S HIS FAVORITE THING TO SAY, AND I THINK THIS IS LARGELY BAKED IN. PEOPLE WHO THINK HE IS A VICTIM OF THE JUSTICE SYSTEM AND LAWFARE BELIEVE THAT, AND PEOPLE THINK THE AMERICAN PEOPLE HAVE THE RIGHT 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 BACK IN MARCH, IN A FLORIDA COURT ROOM, 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 HAVE ALREADY BEEN CHARGED AND DONALD TRUMP HAS ALREADY BEEN CHARGED. WHY THEY ARE SAYING IT IS A "SLICK MOVE" IS JACK SMITH BASIC WE HEADED OFF WHAT HE KNEW WOULD BE COMING TO JUDGE CHUTKAN RULED ON THIS AGAIN OR SAID SOMETHING. HE WENT BACK AND TRIMMED THE FAT OFF OF THE INDICTMENT BASED ON THE SCOTUS RULING, WHICH YOU GUYS ALL THOUGHT WAS SO GREAT, HE TOOK THAT UNDER CONSIDERATION, AND HE BROUGHT THESE SAME FOUR CHARGES AGAIN BUT WITH ITS LIMBS DOWN AND CHANGING THE LANGUAGE ALL OVER SO INSTEAD OF TALKING ABOUT DONALD TRUMP AS PRESIDENT HE TALKED ABOUT DONALD TRUMP AS A CANDIDATE FOR PRESIDENT IN 2020 AND MIKE PENCE ISN'T THE VP ANYMORE, HE IS THE PRESIDENT OF THE SENATE. AND YOU ARE RIGHT, THE NEW GRAND JURY LOOK AT IT AND SAID HELL YAKIMA FOUR OF THOSE CHARGES MAKE SENSE COME HE SHOULD GO TO TRIAL FOR THIS, HE IS 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 90 DAY RULE. >> Judge Jeanine: LET ME JUST SAY I'M GOING TO INTERRUPT HERE BECAUSE I HAVE TO. >> Jessica: I -- >> Judge Jeanine: WHAT JACK SMITH'S COUNSEL SAID IN COURT REFERRING TO THE 60-DAY RULE, HE SAID THE 60 DAYS RELATES TO BRINGING INDICTMENTS IN THE DAYS LEADING UP TO AN ELECTION. IT IS NOT RELEVANT TO A CASE THAT IS ALREADY PENDING. EXCUSE ME. THIS IS A NEW INDICTMENT, WHICH HIS OWN ASSISTANT TOLD. >> Dana: JESSE, FEELS LIKE THEY ARE SLICING THE SALAMI PRETTY THIN TO GET TO THIS. >> Jesse: YEAH, YOU CAN BE PRESIDENT AND A CANDIDATE, JESSICA COME AT THE SAME TIME -- >> Jessica: ARE YOU REALLY -- >> Jesse: 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 REWORD THE INDICTMENT AND MAKE ALL OF THE OFFICIAL ACTS UNOFFICIAL. THAT'S ALL HE DID. GREAT ANALOGY BY TURLEY, IF I MAY, AND I'LL MAKE IT MY OWN BECAUSE I'M FROM PHILLY. THIS IS LIKE A WOMAN GOING TO ORDER A CHEESESTEAK IN PHILLY AND SAYING CAN I GET THE LOW--CALORIE CHEESESTEAK, AND THE CHEF JUST CUTS IT IN HALF, ANSWER THE HALF, AND CHARGES HER FULL PRICE. IT'S B.S., JESSICA, AND EVERYBODY KNOWS IT. ALL HE COULD HAVE DONE, COULD HAVE SAID WAS JUST WAIT UNTIL AFTER THE ELECTION. WHAT IF HE WAITS UNTIL AFTER THE ELECTION, KAMALA WINS, AND HE CAN REFILE AND DO WHATEVER HE WANTS. TRUMP WINS AND THEN HE CAN REFILE AND GET FIRED APPEARED EITHER WAY HE DIDN'T NEED TO DO IT. GARLAND SHOULD NEVER HAVE LET THIS GO. IT'S VIOLATES THE SPIRIT OF THE LAW. 60 DAYS WHEN WE HAVE 69 DAYS. AND THE LETTER OF THE LAW BECAUSE THEY ARE GOING TO BE VOTING IN LIKE 16 DAYS. >> Dana: GREG GUTFELD, DO YOU HAVE ANY WISE WORDS? >> Greg: I LIKE TO TALK FOR THE NEXT FEW MINUTES ABOUT THE 60-DAY RULE APPEARED. >> Dana: THAT WOULD BE GREAT. >> Greg: BASICALLY I TELL EVERYBODY IN 60 DAYS, DON'T FALL IN LOVE WITH ME. >> Dana: THAT'S IT. >> Greg: THAT'S IT. WE SHOULDN'T BE SURPRISED, THINK OF EVERYTHING THROWN AT TRUMP, PETITIONS, LAWFARE, NONVIOLENT COUP. THERE IS SOMETHING NEW, NONSTOP MEDIA COLLUSION. A COVER-UP OF A COVER-UP OF JOE BIDEN'S COGNITIVE FAILURE. YOU HAD 7-8 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 THESE PEOPLE COULD GO BACK IN TIME AND SMOTHER TRUMP IN THE CRIB, THEY WOULD BRING A PILLOW. SO WHEN YOU SIT BACK, YOU HAVE TO WONDER WHY, IT IS EMOTIONAL, THEY ARE NOT TALKING ABOUT ANY POLICY, NO FACTS, JUST A TORNADO OF TERRIFIED EMOTION. THERE IS A NEW PETITION, DID YOU SEE THIS, REPUBLICAN STAFFERS, THEY HAVE ENDORSED HARRIS. HOW SPONTANEOUS IS THAT? IT'S LIKE THE 51 INTEL AGENTS, WHO PLANS THAT ONE, BUT IT IS THE STATUS QUO ONCE AGAIN FEAR THE ONE MAN WHO WON'T STOP. AND HE DOESN'T CARE. HERE IS MY PLEA, IF I MAY, DANA. >> Dana: PLEASE COME ABSOLUTELY. >> Greg: IF YOU ARE TRULY RADICAL OUT THERE, AND 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 LOT TO DESTROY HIM, CHANGE THE WAY WE VOTED TO KEEPD SUPPORTERS. ARE YOU GOING TO JOIN THE PIRATE SHIP OR THE PONTOON OF PANSIES? >> Jessica: AS A PANSY, YOU DON'T THINK -- >> Dana: I WANT TO DO MY ONE MORE THING TODAY. UP NEXT,