MARIA: WELCOME BACK. PRESIDENT TRUMP IS BEING INDICTED AGAIN. THIS TIME OVER THE CLASSIFIED DOCUMENTS STORED AT MAR-A-LAGO. THE FORMER PRESIDENT WRITING ON TRUTH SOCIAL, HE'S BEEN SUMMONED TO APPEAR AT THE FEDERAL COURTHOUSE IN MIAMI THIS UPCOMING TUESDAY, SAYING HE'S AN INNOCENT MAN. THIS MARKS THE FIRST TIME IN HISTORY THAT THE JUSTICE DEPARTMENT HAS BROUGHT CHARGES AGAINST A FORMER PRESIDENT. JOINING ME NOW, HARVARD LAW PROFESSOR EMERITUS AND THE AUTHOR OF GET TRUMP, THE THREAT TO CIVIL LIBERTIES, DUE PROCESS AND CONSTITUTIONAL RULE OF LAW, A MUST READ BOOK BY ALAN DERSHOWITZ. THANKS VERY MUCH FOR JOINING ME THIS MORNING. YOUR REACTION TO THE LATEST INDICTMENT, A SECOND INDICTMENT OF TRUMP. >> WELL, IF THIS INDICTMENT IS AS WEAK AS IT APPEARS TO BE FROM WHAT HAS BEEN DISCLOSED SO FAR, IT MAY BE THE MOST DANGEROUS INDICTMENT IN POLITICAL HISTORY .AS EVERYBODY KNOWS IT'S THE FIRST TIME THAT A MAN THAT'S THE LEADING CANDIDATE HAS BEEN INDICTED BY THE INCUMBENT ADMINISTRATION, IN AN EFFORT TO PREVENT HIM FROM RUNNING. EVEN THE NEW YORK TIMES CALLS THIS A POLITICALLY -- POLITICALLY MOMENTOUS CASE. IF YOU HAVE A POLITICALLY MOMENTOUS CASE LIKE THIS IT BETTER BE THE STRONGEST OBSTRUCTION OF JUSTICE CASE IN THE HISTORY OF THE COUNTRY. CERTAINLY THOSE BE AT LEAST AS STRONG AS THE CASE AGAINST RICHARD NIXON WHICH WE WILL REMEMBER LED NOT THE DEMOCRATS TO DEMAND HIS RESIGNATION, BUT REPUBLICANS, HIS OWN COLLEAGUES CAME TO HIM AND SAID THIS CASE IS SO STRONG THAT WE CAN'T SUPPORT YOU. I HAVEN'T SEEN ANY SUGGESTION THAT REPUBLICANS AGREE WITH THIS INDICTMENT. THERE MAY BE SMOKING GUNS. WE DON'T KNOW. WE HAVEN'T SEEN IT, UNTIL TUESDAY WE'LL HAVE LEAKS AND SUGGESTIONS BUT WE WON'T SEE IT BUT THE THREE CHARGES THAT HAVE BEEN SUGGESTED SO FAR, LYING, CONSPIRACY TO OBSTRUCT JUSTICE AND HOLDING ONTO CLASSIFIED MATERIAL THAT PRESIDENT TRUMP HAS SAID HE BELIEVES HE DECLASSIFIED HIMSELF, SOUNDS LIKE VERY, VERY WEAK CASE ON WHICH TO GO AFTER THE LEADING CANDIDATE AGAINST YOUR PRESIDENT. SO IT'S AN EXTRAORDINARILY DANGEROUS INDICTMENT POTENTIALLY DANGEROUS TO THE RULE OF LAW, DANGEROUS TO THE NEUTRAL APPLICATION OF CRIMINAL JUSTICE, AND DANGEROUS TO ESTABLISHING A PRECEDENT THAT EACH SIDE WILL WEAPONIZE THE CRIMINAL JUSTICE SYSTEM AGAINST THEIR POLITICAL OPPONENTS. THAT'S NOT AMERICA. MARIA: NO, IT'S NOT AMERICA. AND EQUALLY AS EXTRAORDINARY ARE THE CHARGES AGAINST PRESIDENT BIDEN THAT ARE GOING UNNOTICED BY THE MAINSTREAM MEDIA, IGNORED BY THE DEMOCRATS ENTIRELY. THE FACT THAT JAMES COMER HAS PRODUCED BANK RECORDS TO SHOW THAT HE'S BEEN ABLE TO IDENTIFY $10 MILLION AT LEAST THAT THE BIDEN FAMILY HAS TAKEN IN FROM FOREIGN NATIONALS. PETER SCHWEIZER SAYS THE NUMBER IS $31 MILLION THAT HE'S IDENTIFIED, LARGELY FROM CHINA AND NOW THIS INDICTMENT YESTERDAY OF TRUMP HAPPENED ON THE SAME DAY THAT THE WHISTLEBLOWER SAID YES, JOE BIDEN ACCEPTED $5 MILLION FROM BURISMA IN EXCHANGE FOR POLICY DECISIONS. NO CONVERSATION ABOUT THAT, ALAN. >> I DON'T KNOW WHETHER BIDEN OR ANYBODY IN HIS FAMILY IS GUILTY. ALL I KNOW IS THAT THERE HAS TO BE EQUAL JUSTICE AND IF I WERE A REPUBLICAN LEADER WHAT I WOULD DO IS DRAFT A POTENTIAL INDICTMENT AGAINST BIDEN AND HIS SON, BASED ON THE INFORMATION THAT'S NOW AVAILABLE AND PRESENT THAT IN THE COURT OF PUBLIC OPINION IN JUXTAPOSITION WITH THE INDICTMENT THAT WILL COME DOWN ON TUESDAY AND LET THE PUBLIC JUDGE WHETHER OR NOT THERE'S A SINGLE STANDARD OF JUSTICE. YOU KNOW, I DON'T WANT THIS CAMPAIGN TO LOOK AT WHO IS MORE CRIMINAL, THE TRUMP PEOPLE OR BIDEN PEOPLE. THE AMERICAN PEOPLE SHOULD BE ABLE TO VOTE BASED ON THE ECONOMY, BASED ON FOREIGN POLICY. I VOTED MYSELF AGAINST TRUMP TWICE. I HAVE A CONSTITUTIONAL RIGHT TO VOTE AGAINST HIM A THIRD TIME ON THE MERITS AND THAT RIGHT SHOULDN'T BE TAKEN AWAY FROM ME BY POLITICIANS, BY ATTORNEYS GENERAL, BY JUDGES, BY JURORS. THE PEOPLE HAVE THE RIGHT TO DECIDE WHO THE PRESIDENT SHOULD BE. I WANT TO CAST MY VOTE UNAFFECTED BY POLITICIZATION OF THE CRIMINAL JUSTICE SYSTEM BY ONE SIDE AGAINST THE OTHER WHEN THE OTHER SIDE HAS THE POWER TO DO THE SAME THING. MARIA: WELL, I MEAN, I THINK THE REASON THAT ONE -- ONE OF THE REASONS THAT TRUMP IS STILL SO FAR AHEAD OF THE OTHER CANDIDATES IS BECAUSE OF THIS POLITICIZATION. PEOPLE SEE THESE THINGS AND RECOGNIZE THIS IS A SHAM. FORMER PRESIDENT TRUMP'S INDICTMENT HAS NOT BEEN UNSEALED YET BUT FOX NEWS SOURCES CONFIRM HE'S FACING SEVEN FEDERAL COUNTS INCLUDING WILLFULLY RETAINING NATIONAL SECURITY SECRETS, A VIOLATION OF THE ESPIONAGE ACT, CONSPIRING TO OBSTRUCT JUSTICE, CONCEALING RECORDS AND MAKING FALSE STATEMENTS, ALAN. I KNOW THESE ARE THE CHARGES THAT WE'RE EXPECTING. IT'S UNDER SEAL SO WE DON'T KNOW. BUT YOUR THOUGHTS ON, YOU KNOW, THE FACT THAT HE STILL IS THE NUMBER ONE CANDIDATE, FAR AHEAD OF EVEN DE SANTIS. >> I PREDICTED ALL OF THIS IN MY BOOK ON TRUMP. I WENT THROUGH EACH OF THE FOUR INVESTIGATIONS AGAINST HIM, THE ONE IN NEW YORK WHICH TURNED OUT TO BE NOTHING, TURNED OUT TO BE A PHONY INDICTMENT, THE ONE IN FULTON COUNTY, THE ONE IN FLORIDA AND THE ONE IN THE DISTRICT OF COLUMBIA AND I CATALOGED ALL THE EVIDENCE AND I JUST -- FROM EVERYTHING I KNOW, I DON'T SEE ANYTHING TO NERVE THESE INDICTMENTS EXCEPT AN ATTEMPT TO POLITICIZE THE SYSTEM. YOU NEED TO HAVE AN INCREDIBLY STRONG INDICTMENT. THERE'S AN OLD EXPRESSION, I HATE TO USE THE TERM KILL BUT IT'S NOT RELATIVE HERE BUT IF YOU SHOOT AT THE KING, YOU MUST KILL HIM. IF YOU HAVE A CASE AGAINST THE MAN WHO IS THE LEADING CANDIDATE, THE MAN -- THE ONLY PERSON WHO HAS THE REAL POTENTIAL TO UNSEAT THE INCUMBENT PRESIDENT, IT BETTER BE THE MOST UNCONTROVERSIAL, STRONGEST CASE, YOU BETTER HAVE A CASE WHERE REPUBLICANS ARE LINING UP TO TELL THE PRESIDENT, THE FORMER PRESIDENT, NO, YOU CAN'T RUN. BUT IF THIS BECOMES A POLITICALLY DIVIDED PROSECUTION WHERE THE REPUBLICANS ARE ON ONE SIDE, THE DEMOCRATS ARE ON THE OTHER, IT MOVES THE ELECTION OUT OF THE POLLING BOOTH TO THE COURTHOUSE AND THAT'S NOT WHERE ELECTIONS OUGHT TO BE HELD AND THAT'S NOT WHERE AMERICANS OUGHT TO BE DECIDING WHO THE NEXT PRESIDENT IS. I HOPE IN SOME RESPECTS THERE ARE SMOKING GUNS AND THIS IS THE STRONGEST CASE. THAT WILL HELP PRESERVE OUR SYSTEM OF JUSTICE BUT IF IT'S AS WEAK AS THE NEW YORK CASE AND AS WEAK AS IT APPEARS TO BE -- REMEMBER THE ESPIONAGE ACT WHICH IS MENTIONED HERE WAS THE MOST HATED -- HATED STATUTE THAT DEMOCRATS WENT AGAINST. IT WAS USED BY WOODROW WILSON INITIALLY. IT WAS USED AGAINST DEMOCRATIC ICONS, PEOPLE WHO RAN FOR PRESIDENT, NOT MAJOR CANDIDATES BUT EUGENE DEBBS, EVERY LIBERAL DEMOCRAT I GREW UP WITH HATED THE ESPIONAGE ACT. NOW MY COLLEAGUES AT HARVARD AND OTHER PLACES ARE SAYING CHEER, CHEER, CHEER FOR THE ESPIONAGE ACT. LET'S GO AFTER HIM ON THIS STATUTE THAT COULD COVER ALMOST ANYBODY'S CONDUCT. AS SOON AS I SAW THE ESPIONAGE MENTIONED I REALIZED THIS IS PROBABLY ONE OF THESE WEAK ELASTIC CASES WHERE THE LAW IS STRETCHED TO FIT THE PERSON, WHERE YOU HAVE THE KGB TALKING TO STALIN SAYING SHOW ME THE MAN AND I'LL FIND THE CRIME. WE'RE NOT THE SOVIET UNION. WE HAVE TO DO EVERYTHING IN OUR POWER, DEMOCRATS AND REPUBLICANS ALIKE TO STOP THAT FROM HAPPENING TO OUR BELOVED COUNTRY. MARIA: I MEAN, THAT'S WHAT IT'S FEELING LIKE INCREASINGLY, ALAN. DO YOU FIND IT ODD THAT DEMOCRATS WON'T EVEN TOUCH THE BRIBERY CLAIMS, WON'T EVEN TOUCH THE WHISTLEBLOWERS WHO ARE SAYING THAT JOE BIDEN HAS BEEN INFLUENCE PEDDLING FOR DECADES DURING HIS TIME AS VICE PRESIDENT AND SENATOR, TAKING IN ALL THIS MONEY FROM FOREIGN NATIONALS? DEMOCRATS, YOU WOULD THINK ANYONE WHO IS FAIR-MINDED WOULD SAY THAT'S WRONG AND WE NEED SOME ACCOUNTABILITY HERE. >> WELL, FAIR-MINDED HAS GONE OUT OF OUR VOCABULARY. THE DAYS ARE OVER WHERE FAIR-MINDED DEMOCRATS WILL COME IN AND SAY THE SAME RULES SHOULD APPLY TO DEMOCRAT AS TO REPUBLICANS BUT ALSO HOW ABOUT REPUBLICANS, REPUBLICANS, TOO MANY OF THEM ARE SAYING THAT THERE'S NO PROBLEM AT ALL, THAT WHAT PRESIDENT TRUMP DID WAS DESIRABLE AND COMMENDABLE. HE MAY HAVE DONE THINGS THAT ARE NOT RIGHT BUT THE QUESTION IS, DID HE DO THINGS THAT ARE CRIMINAL? WHAT WE DON'T HAVE ARE FAIR-MINDED PEOPLE ON BOTH SIDES WHO ARE PREPARED TO LOOK AT ALL THE FACTS AND COME TO CALIBRATED PROPORTIONAL JUDGMENTS ABOUT RIGHT AND WRONG INSTEAD OF JUST CHEERING FOR ONE SIDE AND SAYING HE'S ALL WRONG OR HE'S ALL RIGHT. THE DEMOCRATS ARE SAYING HE DID NOTHING WRONG. OF COURSE THERE'S EVIDENCE THAT THE BIDEN FAMILY MAY VERY WELL HAVE DONE THINGS WRONG. DID THEY CROSS THE LINE INTO CRIMINALITY? I DON'T KNOW. DID TRUMP CROSS THE LINE INTO CRIMINALITY? MAYBE WE'LL LEARN THAT ON TUESDAY. PROBABLY NOT EVEN THEN. ALL WE'LL SEE IS ALLEGATIONS AND NOT EVIDENCE AND NOT PROOF. MARIA: THIS I
