>> tucker: we're completely out of time. we hope you have a great night. see you tomorrow. sean hannity takes over now. >> sean: tucker, we don't want the death of comedy. we want people to be free to say whatever they want. just be funny. thanks. >> tucker: more laughing. >> sean: yes. please. we begin tonight. former president donald trump could be indicted in new york as early as tomorrow or sometime next week. maybe not at all. odds are looking the other way. the chatter tonight is loud that this indictment can come as early as tomorrow and an arraignment would be in new york next week. still the far left manhattan d.a. took on this zombie case against trump. it's looking increasingly weak

and blatantly political. to legal experts on both sides of the aisle. coming up, we'll hear from trump's attorney. also, two people that testified in front of the new york grand jury. one has not spoken before, kellyanne conway. she will tell her story for the first time and robert costello. he's a prominent u.s. attorney, former u.s. attorney and once worked as a legal adviser to the state's star witness michael cohen. he now says that cohen is totally unreliable and on a revenge tour against donald trump. cohen is an admitted liar and fraud and tax cheat. new york's case hinges on his testimony. absolutely about an alleged nondisclosure agreement from seven years ago. a 2018 statement, michael cohen said this about the agreement "in a private transaction in

2016, i used my own personal funds to facilitate a payment of $130,000 to miss stephanie clifford, aka stormy daniels, neither the trump organization for the trump campaign was a party to this transaction to the payment of miss clifford. it was lawful, it was not a campaign contribution or a campaign expenditure by anyone." now alvin bragg is trying to prove the opposite with a different story from cohen. not only is the d.a. relying on an unreliable dishonest star witness with conflicting statements, but he's also attempting to do something without any legal precedent. bragg is trying to take a misdemeanor, two years outside the statute of limitations and upgrade this to a low level felony likely also out of the statute of limitations using a novel legal theory surrounding a new york campaign finance law and it was referred to as a zombie case because it keeps

coming back from the dead even though they look at it and they said, no, there's nothing here. the prior d.a. in new york declined to pursue the charges. the doj also declined to pursue them as did the fec. now here we are years later and this is all pretty insane, but predictable. if the dog bites, the bee stings, you're feeling sad. let's blame trump, let's impeach trump, let's now indict trump. we know what is happening here. this is political vengeance. justice is not blind. there's no longer in this country and i say this with a lot of sadness, equal justice under the law or equal application of our laws. sadly we do have a two-tiered system of justice. it's alive and it's well. we have chronicled it often on the show and especially in the state of new york. on the campaign trail, alvin bragg vowed, he made a pledge a promise, a solemn vow that he would convict donald trump one way or another.

take a look. >> a lot of people are wondering whoever has this job, are they going to convict donald trump? >> that is the number 1 issue. we sued the trump administration over 100 times. it's the most important, most high profile case and i've seen the lawlessness that he can do. >> you believe it should happen? >> i believe we have to hold him accountable. >> sean: that's the number 1 issue? you're running for office? to be manhattan district attorney, getting donald trump? that's your top issue over a nondisclosure agreement from seven years ago? not rain, not murder, not -- nope. is this a system of justice that we want in this country? sadly, the legal system we now know has been weaponized.

we have now criminalized political differences. somebody should tell alvin bragg that this is called persecution, not prosecution. alvin bragg has given violent felons the best deals imaginable. senator rand paul is now calling for bragg to be locked up. a trump indictment would be a disgusting abuse of power, and the d.a. should be put in jail. think about this. bragg is dedicating valuable time, limited time, resources, millions of taxpayer dollars to prosecute a cooked up misdemeanor case involving donald trump all while giving actual violent criminals a free pass. in his first memo, he instructed his staff to seek misdemeanor charges for perpetrators accused of armed robbery so long as nobody was seriously injured. it's not just armed robbery. under bragg, 52% of all felony cases get reduced to misdemeanors and of the felony cases that he tries, he's lost

49% of them. that is an atrocious record by any account. in september, a man name justin washington got a sweetheart diagonal from bragg after allegedly raping a teenage relative. washington was sent to serve just 30 days in jail before terrorizing five more victims. here's another sweetheart deal handed out to the perpetrator of a vicious anti-semitic beating in manhattan. bragg reduced the charges for a man that attempted to rob the same pharmacy twice. he had a lengthy rap sheet with 20 arrests, rape, robbery, assault, other crimes. bragg department care. in another case, the perpetrator had 46 prior arrests and was out on parole. but bragg once again reduced the charges. so it's no surprise that major crime is on the rise in new york city under bragg. according to foxnews.com and the daily mail, bragg's campaign was

funded by a massive donation from a soros funded political action committee. safety and security is a low priority for bragg. he's more interested in keeping his campaign promise to get donald trump. it's deeply unethical and now obvious to everybody including even people on fake news cnn and msdnc. i never thought i'd see the day. take a look. >> the facts are old. they're six or seven years old and the start witness in the form of michael cohen has credibility issues, been convicted of crimes. to your point, as far as the strength of a case, it's certainly not the kind of slam dunk that many people would wish that it were. >> you have to be careful when you put a witness on the stand that has a motive for revenge. michael cohen has said many times that he would like to get donald trump in one way or another. so does it concern me? yes. have i done things like that?

sure. >> this new york case, the facts of this case going on almost seven years now are really stale. >> i hear my friends saying, they're being overcharged. so aggressive. it's so terrible. welcome to my world, folks. prosecutors overcharges, being overaggressive, being ridiculous with minor stuff happens every single day in america. every courthouse in america. >> sean: as you can see, lawyers and pundits on both sides are admitting alvin bragg's case is week and reckless. back with more reaction the president trump's attorney in the new york case, joe taccopina is with us. thanks for being with us. i know there's a lot of chatter, a lot of rumors out there. to the extent you're able, there's a rumor that there might be an indictment tomorrow. arraignment next week. have you heard anything from the d.a.?

>> not yet, no. you know, they say thatly notify us when there's a grand jury vote. when that happens, depending on that vote, the next steps will be discussed. we're hearing what everyone else is hearing regarding timing and whatnot. >> sean: the grand jury convenes tomorrow at 2:00 p.m. probably be done by 5:00 p.m. that would be the earliest you would hear from them. i assume protocol, you hear from them first, correct? >> per protocol. not a lot about this case is following protocol. normally we hear from them first. again, i get minus from the daily press briefings by michael cohen when he comes out of court. who knows. who knows what will happen here, sean. >> sean: let's talk about that. you have bob costello on this program tonight. he appeared before the grand jury monday. he called cohen a serial liar.

i would assume, i guess be the star witness for the prosecution. and going in to detail, saying that, you know, he called them up after he saw cohen on tv stating things that he knew that he was going to say to the grand jury contrary to what he told them. not the least of which that he represented donald trump and it was michael cohen saiding he did that on his own? wouldn't that be a direct contradiction? doesn't the d.a. have to pay attention to the fact that you have somebody known to be a liar, a convict, versus somebody coming in and saying no, that never happened? how does a jury react to that? you've done over 100 cases in new york. >> yeah, i mean, new york jurors are very savvy. i know they're banking on the fact that they might not like donald trump. they're too smart. new york jurors have all the trust in the jury. at the end of the day, they're going to do what they think is

right. they want to go home and look themselves in the mirror. michael cohen has the credibility of a pipe cleaner. he's somebody that no one can rest a case on. alvin bragg said previously based on one of his assistant prosecutors own comments, that -- this guy acts like he's a movie star. he's a felon bankrupt, a convicted liar and a purgerer. he couldn't say great things about donald trump every time he got in front of a camera. he couldn't way to say how great he was. now he's trying to write a book and get his book sold. putting him aside for a second, bob costello has no axe to grind here. that was his former client. he said this guy is making up tales and telling stories. one thing he did, michael cohen, aside from pleading guilty to various lies and admitting to lying before congress and

amongst other things, having a tax issue separate from donald trump where he was involved in that scheme to defraud. he's someone who is not -- they can't embrace. alvin bragg said he couldn't envision a world where he would bring a case based on the world of michael cohen. he's changed his tune because he's succumbed to political pressure. it's a sad day. i can't tell you how upset i feel based on the fact that in my 32 years as a lawyer and practiced as a prosecutor and defense lawyer, i have never seen anything close to this level of abuse, of process and abuse of prosecutorial discretion. makes me sick to my stomach. >> sean: let me quote "the new york times." liberals like "the new york times." february 13, 2018, talking -- this is a quote from michael cohen. i am mr. trump's long-time special counsel, i proudly

served in that role more than a decade. a private transaction in 2016, i used my own personal funds to facilitate a payment of $130,000 to miss stephanie clifford. northeaster trump organization or the trump campaign was a party to the transaction with miss clifford and neither reimbursed me for payment directly or indirectly. the payments to miss clifford were lawful, not a campaign contribution or campaign expenditure by anyone. he seems to contradict himself there. >> michael cohen is a walking contradiction. of course he contradicts himself. anything he says today, i can find you five different spots where he says something different. that's one of the best ones. this guy literally took out a loan, a loan to pay off this woman to resolve a case. by the way, cases get resolved over time. there's nothing improper about that, right?

he took out a loan to do it because he wanted to be the president's protector. you know he was trying. you know first hand that he was trying so hard to get in the white house. didn't work out for him. he was trying to be the president's protector. what he said right there is true to some extent. he engineered the deal, did it on his own, took out a loan and went back and sought to get reimbursed for that and other things. he discussed that with the trump cfo at the time and worked out a legal retainer. invoiced legal fees of the course of a year. there's absolutely nothing improper about that at all. >> sean: we want justice here. everybody should want justice, fairness, equal justice and want equal application of our laws. joe tacopina, thanks. for more on new york's witch hunt against former president trump, let's bring in two people

that testified in front of the grand jury committee. kellyanne conway was trump's campaign manager at the time of the alleged nondisclosure payment in question. bob costello who says that cohen is not to be trusted. bob, let's start with your comments. you said that bragg doesn't want the truth. you said cohen is a serial liar. you talked about him changing his story. i want your general thoughts going to the grand jury, number 1. number 2, did michael cohen tell you or brag to you of doing this without telling donald trump any of this and old told him after the fact? >> essentially fact that. i notified both trump's lawyers, susan echols and the manhattan d.a.'s office that i had a lot of information on michael cohen, none of which was good for michael cohen. i saw him on tv making

statements that donald trump directed this and donald trump directed that. that statement that you put up on the screen earlier and read from, from february of 2018, that is very similar to what michael cohen told myself and my law partner. it's not just one onone with me. it's two-on-one and we took notes. that statement from february of 2018 that you just read is very, very similar. except for the fact that in april of 2018 when we met with him, he was suicidal. the mine was beside himself. his apartment and his law office had been searched pursuant to a warrant by the fbi. he said to us that his world is over. his family life is destroyed, his business life is destroyed. he was absolutely destroyed. he looked like he hadn't slept in a couple days. then he told us, by the way, i was up on the roof, the weekend

before, which i think was one or two days before, seriously considering jumping off the roof. when i heard that, i didn't know whether he was being a drama queen or he was -- >> sean: if it was real. you have to take that serious. >> he was real. >> sean: did he specifically tell you he did this on his own without donald trump's knowledge? >> well, here's what he did. he said he did this on his own. he didn't mention donald trump's name. he said that there was a problem, stormy daniels lawyer or representative got in touch with him. he worked out a negotiated deal, got an nda, a nondisclosure agreement. $130,000. i asked him, is that donald trump's money? no. did you get that from any trump organization? no. is that your money? did you take it out of one of your accounts? no. where did you get the money from? he said i took out a loan.

i said why would you do that? because i wanted everything to be secret. i did not want my own wife to know about this. i didn't want melania to know about this. that's what he said. he said if he had taken $130,000 out of one of his accounts, he wife would have been pumping him for information. that's important. but there's other stuff that day that 7 more important. >> sean: what is that? >> would you like me to go on? >> sean: yes, sir. >> besides that -- once he told us that he was suicidal and he needed an escape hatch, he said can i get -- i need to know what my options are. can i get a pardon, commutation? i told him a pardon and commutation were out of the question. he wasn't charged with a crime. let's talk about cooperation. michael, your a bump in the road to the u.s. attorney's office. they're clearly going after

donald trump. you're standing in the way and they're willing to roll over you in order to make you decide that you have to flip, you have to cooperate with the government in order to save yourself. i explained what cooperation was. you can cooperate and give them a little if you don't have important information hand that means your sentence will be reduced or if you have something big and it was clear that the government wanted donald trump, then you would get a nonprosecution agreement. i explained, that's a hell of a lot better deal than killing yourself, a nonprosecution agreement gets you out from under your legal troubles. i have to ask you, do you have anything on donald trump? he said no. i said michael, think about this. don't answer it quickly. you said that you were up on the roof ready to jump and i'm telling you there's a way out of this if you have information. it has to be true.

what do you have on donald trump? that's when he started with the same litany that he used for the rest of the two hours. i swear to god, bob, i don't have anything on donald trump. i said do you have -- any information on the trump organization? the only thing i know, said he, is that some money was missing from the trump inaugural ball or something like that. i said is donald trump involved in that? no. does donald trump know about that? he said he didn't know about it then or now. the point is when somebody is thinking of committing suicide and you're offering them a legal way out of this, if he had any information about donald trump, that would have been the one time for a liar like michael cohen to fess up and say i know this or that. because i want to save my own hide. he didn't do that. the statement he gave us is very similar to that statement that you just read. >> sean: that i just read.

>> i didn't know about that statement until i listened to you. >> sean: let's bring in kellyanne. i just really want your general thoughts. i didn't know that you had gone in until yesterday. i want your general thoughts. did you ever hear michael cohen talk about his role in this particular case? >> so sean, the reason you didn't hear about me going in front of the grand jury is because i wendt to the side doors. i didn't tweet about it or whoever. i just did my duty and i complete with a subpoena and went and talked to the grand jury. i want to bring your people in to a grand jury. you can't have your lawyer with you. you have no notes, no tell phone. i didn't even have a bottle of water. the assistant district attorney is swimming in colleagues and notes and books and binders and the rest. they are trying to build a case against donald trump.

based on pretty much the testimony of michael cohen. they know that is problematic for them for many reasons. so they're trying to bring in credible witnesses to either refute or bolster that testimony. i would note publicly, it's been reported that michael cohen met with -- he said he met with the d.a.'s office 19 times before he testified under oath. i went right and testified under oath. you don't need 19 teams to meet with the prosecutors and figure out what you're going to say to the grand jury. michael cohen is someone i knew for ten years by the campaign of 2016. he and i sat together on the trump world tower condo board for ten years. we always had a warm relationship. his statement in february of 2018 is the truth. his statement is only 15 months after election day. after all of this allegedly happened. i want to make very clear to people, bring yourself back to october, november 2016. nobody thought that trump could

win. access hollywood came out october 7. we had women every other day coming out saying this, that and the other. i can't tell you their names. they're on anderson cooper's show a lot. nothing came of that. the island that somebody would need to pay a porn person to win the election, i was thinking of one woman, i testified to, in november of 2016. her name was not stormy daniels. it was hillary clinton. michael cohen never told me that he was using money to pay this person. he likes to speak in code. i saw an interview recently where he said donald trump. he always speaks in code. we understand each other. that doesn't work. you can't build a case that way. i always had a good relationship with michael. sorry to hear that he was suicidal. let me say this -- >> sean: i hate to interrupt you. we're going to carry you in to the next segment. we have plenty of time --

>> i have one thing to say that is new. i want your perception of what went on in the grand jury room and bring our audience in the room so they have a better understanding what really went down. we'll take a break and come back. more with both of our guests, bob costello and kellyanne conway. while the trump probe continues, democrats are raising the alarm that a looming indictment might rally more support behind him. we'll check in with gregg jarrett, alan dershowitz and ted cruz and more straight ahead.

hi, i'm michael, i've lost 62 pounds on golo and i have kept it off. most of the weight that i gained was strictly in my belly which is a sign of insulin resistance. but since golo, that weight has completely gone away, as you can tell. thanks to golo and release, i've got my life and my health back.

>> sean: again, breaking tonight, radical liberal manhattan d.a. alvin bragg is doing what he does. it is now -- the chatter is there will be an indictment of president trump tomorrow,

probably this week. an arraignment would take place next week. we continue now with kellyanne conway and robert costello with this never before heard information about the grand jury probe in new york, in to the former president. both called before the grand jury. kellyanne, i didn't mean to cut you off. we've been friends a long time. i wanted you to tell your whole story and more importantly specifically did michael cohen ever mentioned anything about this payment that he made and whether or not he did or did not tell president trump? >> the payment to stormy daniels never crossed my desk as campaign manager. in his book in 2019, he talks about a six-minute phone call that he had on the night of october 28th. the fbi affidavit says november 1. that could have been about anything. i've known him ten years. they had my phone logs. it was obvious i returned many calls that evening.

he said he couldn't get in touch with president trump. so he told me probably something along the lines of tell the boss i took care of what he wanted me to take care of. i remember none of that. the assistant district attorney asked me what the conversation about. i said it could have been about anything. november 1, valley forge, pennsylvania that day, pence and trump gave a huge healthcare speech. i went back to manage the campaign and trump went off to his usual five or six stops. michael cohen probably saw me on tv talking about how we were going to win pennsylvania, win the presidency. i was very transparent as to what our strategy was. i was on tv seven or eight times a day. donald trump was out there with the strategy. this had nothing to do with it whatsoever. the first time i focused on stormy daniels is, we were already in the white house. it was 15 months later in 2018. what caught my attention, michael cohen saying this was

not a campaign. i want your viewers to know something else about the grand jury. they don't know alvin bragg promised a affirmatively to get donald trump. when you run for d.a., you should uphold the constitution and execute the laws of new york. number 2, having sat there listened to the questions and seeing what has happened since, i'm convinced this da's office doesn't care if the case has merit. doesn't care if they can end up convicting president trump. this is a leftist movement that is all about optics a peer ranses and checking the boxes. they will be happy enough to say we were the people who indicted the first former president of the united states. that is enough for them. forget about the merits here. they're past that. they want to check the box and say we got him. we either put him in handcuffs, put his dna in the criminal profiling system in new york. don't make a mistake to think this is about merit or law and

justice. they'll be happy to check that box. >> sean: kellyanne just said it was about optics, appearances and checking box. what is your perception of the grand jury? were they paying attention? what you told them directly contradicted what they heard from michael cohen. i imagine you caught their attention. >> yes, i did, in a number of ways. i went in there to act as basically a neutral witness telling the truth. the d.a.'s office knew the exculpatory information i was going to give. the questions i was being asked would not have elicited that information. it became clear that they weren't going to cover the information that i was there to give. so i started volunteering in my answers well-beyond the questions. i watched the jurors sit there. as you might imagine, there were

21 of them there that day. probably five or six would not be nodding their head unconsciously up and down when i would be making the points. i especially made one point. i pointed out to them that during that first two-hour meeting, michael cohen who was as i said before was pacing back and forth would suddenly stop in the middle of whatever he was talking about and turn and point his finger at us and say, i want you guys to understand, i will do whatever the f i have to do, i will never spend a day in jail. he said that 10 to 20 times. it was a bizarre montra. made it clear to us that michael cohen was saying i will lie, cheat, shoot someone's,ly never spend a day in jail. what happened? he did spend more than a day in jail. who does he blame? not himself. even though counts 1-7 related to times that before he even met donald trump. so he blames donald trump.

that's why i said -- >> sean, the grand jurors were engaged. >> sean: real quick, kellyanne. >> the grand jurors were engaged. i want to make clear, they were engaged. i'm talking about the motive of the da's office to go after trump. it's very important. they didn't want to talk about michael cohen or avenatti. i got that out there. avenatti is also in prison and will be for a very long time. that's important, too. >> sean: good point. i could talk to you guy for five hours. i want every detail. thanks for coming. very informative and important. straight ahead, house republicans demanding that bragg now testify before congress on his politically motivated probe. we'll bring you his response and also ted cruz when we come back straight ahead.

>> sean: now, in a letter sent to manhattan d.a. alvin bragg yesterday, house republicans accused him of pursuing a politically motivated prosecution and demanded that he provide testimony and records to congress. now, related to his potential indictment of former president trump and today a spokesperson for bragg responded that they will not be intimidated. laughingly added that they "follow the law without fear or favor." that's a cliche' for them. here now with reaction, texas senator ted cruz is with us. i'll give you a little history of bragg in a second, which you've gone through, senator. thanks for being with us number 1. number,2 let's get your overall view of this and arguments, by the likes of jonathan turley, statute of limitations, political persecution, not prosecution, whether the doj has been weaponized. a lot going on here. >> yeah, listen, the long and

short of it, this indictment is absolutely outrageous. it is frivolous, it is baseless, it is a political persecution. it is not a prosecution. it's targeting donald trump because alvin bragg is a left wing democrat who hates donald trump and legally this case is absurd on its face. now, it's all based on two new york statutes that concern business records. the kind of records that you keep in your business. one makes it a misdemeanor to create a false or fraudulent business record. in this instance, what bragg is trying to argue is that when trump gave $130,000 to michael cohen, who allegedly paid it to stormy daniels as hush money and he characterized that as legal fees that that business record was false and bogus. now, he's got a problem with that theory. which is under new york state

law, that's only a misdemeanor. that has a two-year statute of limitations. you can't bring this claim now. so bragg has a second thing he has to do, which he has to bootstrap that into a different new york statue, which makes ate felony if you create a false business record in the aid of commission and of another crime. presumably that other crime is some sort of federal elections commissions violations. the fec refused to bring that case. the department of justice renewed to bring that case. the southern district of northern department of justice refused to bring that case. bob mueller and the mueller investigation refused to bring that case. but alvin bragg is going to try to bring a case on a theory that they tried it with john edwards. you republican that, the democratic senator that ran for president? had an affair and gave hush money to his mistress? the case got thrown out of

court. it's ridiculous, bogus and pure partisan attack from a partisan d.a. >> sean: let me tell you about bragg. he loses 49% of felony cases that are tried in court, which is a spectacular failure if you're a d.a. i'll give you one example. he gave plea deals to two criminals involved in the 2018 fatal stabbing of a u.s. army vet and father of three. one of the people got a seven-year sentence for that. that included pleading guilty to a lesser charge of gang assault. the other attacker got basically time served. i mean, they murdered somebody and you got seven years. you have a case of an allegation of rape that got reduced to 30 days in jail. minor rape. it's unbelievable to me. here's the question i have. is this just born out of pure hatred? when you think back three years

of nothing but a narrative of lives of trump russia collusion, it was all false. how about a quid pro quo? how about joe biden leverage ago billion taxpayer dollars to get a prosecutor fired who is investigating his son? that is a quid pro quo. or hillary clinton and the 33,000 deleted e-mails with bleach bit? americans tonight conservatives especially, senator, are asking do we have equal justice under the law and equal application of our laws? from my point of view, the answer is no, not at all. >> as you know, i just wrote a book on exactly this topic. it's called "justice corrupted how the left has weaponized the legal system." one of the chapters talks about alvin bragg and other george

soros elected district attorneys. george soros put over a million bucks behind electing alvin bragg. alvin bragg has had his career in office letting violent criminals go. lowering felonies down to misdemeanors. ironically what he's trying to do here is take a felony and blow it -- take a misdemeanor and blow it up into a felony. let me say to understand just how absurd it is. i do a podcast. yesterday was an hour long on the facts of law that are utterly bogus. the basis of alvin bragg's case is that trump broke the law when he characterized a payment of legal fees when it wasn't legal fees. you know who did the exact same thing at the same time? hillary clinton.

hillary clinton in 2016, she paid over a million dollars to develop the steele dossier. you remember that fantastical fictional piece that had accusations against donald trump. hillary clinton's campaign paid over a middle bucks for it and she called that money legal fees. she did it at the same time in the 2016 presidential election. she did in it the same place in new york state, likely in new york city. alvin bragg in a million years wouldn't prosecute hillary clinton under this law because he's a partisan democrat. this has nothing to do with the law. this has everything to do with politics. the irony is, sean, if bragg goes through with this tomorrow, it's going to backfire mightily and i think the result, ironically could be a left wing democrat george soros d.a., if he brings this case and loses and he will lose, he could end up ironically playing a pivotal

role in re-electing donald trump as president. >> sean: all right. thank you, ted cruz. and coming up, alan dershowitz and gregg jarrett, they weigh-in on alvin bragg's weak case. you ever hear the saying you can indict a ham sandwich? we'll get into that straight ahead.

>> sean: tonight radical liberal manhattan d.a. alvin bragg is pushing forward with his politicized problem of donald trump with a potential indictment looming. some are now worried that the investigation may backfire and rally support around the former president. according to an axios report today, even his critics are questioning the merits of

bragg's case saying it could amount to a mere record-keeping infraction. here with reaction, legal analyst and author of the book "the trial of the censcentury" g jarrett and alan dershowitz. we all heard the statement you can indict a ham sandwich. there's a reason for that. the main reason is the grand jurors do not hear from the defense. the rules of evidence do not apply. those that would apply at a trial do not apply in a grand jury room. you can have hearsay evidence brought into a grand jury proceeding. you row this column. let's talk about the case and your analysis. >> yeah, look, i think the first thing that the defense team, trump's team will do is file a motion to dismiss. arguable that this looney tunes

legal theory isn't supported by the law. falsifying business records, which is a misdemeanor, cannot be elevated to a felony unless you can show that it was concealing a state crime. not a federal crime. wait, this was a federal election. so state campaign finance doesn't apply, which is why i think bragg is now pointing to the federal campaign finance. wait again. he can't do that either because he's a local prosecutor. state prosecutors can only bring cases based on state crimes. so i think a motion to dismiss will be made. if it's not granted, you can expect trump's team to file an appeal to a higher court. alvin bragg legally is trying to jam a square peg in a round hole. it won't fit. >> sean: professor, you called

this targeted injustice. let me ask you about that and add to that, are we now criminalizing in this country political differences? for example, you and i have some political differences. we align on some issues. you look at the new york case. the case in fullton county, the j-6 recommendations and investigating that. is this an effort to prevent him from running for president? >> without a doubt. in my new book, "get trump", i go through those four allegations. there's a lot of smoke but no fire. if there were fire, it would be set by arsonists. there's no crime committed in any of the four allegations. i prove that categorically in my book. i get the name of my book from

leticia jones campaign promise. she wanted to get trump. i think bob costello has changed this case dramatically. i think bragg now only has two possible results from that. number 1, he can say, all right, i'm going to try to make the case without cohen. he cannot use cohen as a witness. that would be unethical because of the testimony that costello game. he can say i have to drop the case. he may not make it without cohen. if he can't make it without cohen, he can't make it no ethical prosecutor is allowed to put on as a witness somebody who has told the lies and contradicted himself so much. so i think that bob costello is a game changer. i think maybe that's the reason for the delay here. i think ethical experts are now telling bragg, wait a minute. you cannot use cohen. so if you can make it through

some of the other people, okay. go ahead. if you can't make it without cohen, you cannot bring this charge. >> that's a powerful statement. you agree, greg? >> oh, i agree 100%. you know, i mentioned it yesterday. i think when bob costello cut in to the grand jury room and told them, wait a minute. you don't have the hundreds of pages i happeneded over to alvin bragg over here. you only have six cherry-picked documents hiding from grand juries. exculpatory information is repreh reprehensible. the conduct of alvin bragg and his henchmen mark pommerance, he said we're targeting trump because we don't like his beliefs. those guys should face disbarment proceedings. >> sean: thanks, greg. professor, it's called "get trump." amazon.com. book storrs everywhere. when we come back a major

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>> sean: programming note. doing a live audience show tomorrow and thursday. if you want to be a part of the show, just go to hannity.com for information. you get free tickets. shark tank host kevin o'leary, mike pence, they will be joining us in studio this week. we hope you join us. time for laura. let not your heart be troubled. i was two second late. >> laura: hannity, the question is will pence take a shot at trump on your show? that would be epic move. right? desantis has -- >> sean: hits been outspoken against bragg. >> laura: yeah, but you know. they're all coming -- look, it's going to be a free for all. everybody will have to get used to taking hits from the other guys. >> sean: hits and elbows and hud butts. >> laura: