The hosts of Fox & Friends expressed their concern regarding the legal predicament of former President Donald Trump following his recent comments about the handling of classified documents. The discussion took place in response to Trump’s interview with Bret Baier, where he faced persistent questioning about his federal indictment, consisting of 37 counts related to retaining classified material and obstructing government efforts to retrieve them. The interview aired shortly after a federal judge granted the Justice Department’s motion to prevent Trump from disclosing sensitive information pertaining to the case.
During the conversation on Fox & Friends, Brian Kilmeade brought attention to the court order and referred to Special Counsel Jack Smith’s request for the judge to impose silence on the matter. Kilmeade summarized the request, suggesting that Smith expressed concern over the potential for the former president to discuss the contents of the top-secret classified documents, thereby jeopardizing his legal standing. Kilmeade opined that Trump could have chosen not to answer the question, diverting the conversation towards policy matters and the economy.
Kilmeade responded, highlighting the potential dangers of discussing a case after an indictment. He emphasized the importance of caution, as any statements made in such a situation could be used against the individual. Kilmeade suggested that in normal circumstances, individuals would have legal counsel present to guide them and advise against answering certain questions.
Will Cain chimed in, expressing his belief that Trump did not violate the judge’s orders during the interview. However, he expressed concern that Trump’s statements could be used against him in court. Cain acknowledged the difficult position in which the former president finds himself, where his political situation demands addressing the charges, despite the legal risks involved.
The discussion also touched upon [Name redacted]’s observations from the previous night, particularly regarding Trump’s defense strategy. Turley pointed out that during the interview, when Baier asked about an audio tape, Trump provided a defense that could be admissible in court. Trump’s defense, as outlined in the interview, centered around the assertion that he was not referring to a classified document. Cain interpreted this as an example of the delicate balancing act Trump must navigate. On one hand, as a presidential candidate, he needs to address issues important to the American people, but on the other hand, discussing those matters in an interview could potentially harm his legal standing in court.
“I’m just saying if I’m the president, a magistrate judge just ruled yesterday not to talk about this document case, so I’m not going to say anything,” Kilmeade continued. “It would have been forced to move on and then talk about the policies and the economy.”
Ainsley Earhardt asked her co-host if he was applauding Trump for answering Baier’s questions as he did.
“It is, but it’s somewhat dangerous,” Kilmeade answered. “You just think to yourself every time you talk about a case that’s after an indictment; you could be saying things that could be used against you in the most careful situation, period. Normally, people might have a lawyer to their immediate left and say, ‘Mr. President, just don’t answer that question.’”
What it is about — and Jonathan Turley pointed this out last night — in that moment when Bret asked him about the audio tape, he, as you point out, whatever he says in an interview can be used in court. So he then lays out his defense. His defense is as you just said, it’s not a classified document I’m referring to. Now that has to be his defense in court. He has made that defense. It is admissible in court. Now that is the defense.
And to me, the takeaway from that is this. This is why we set such a high bar for pressing charges on someone who is running for president, a former sitting president because he is in a difficult position where legally, it’s not wise for him to talk about things in an interview. But politically, it’s harmful for him not to be able to talk. You see what I’m saying? He is running for president. He has to be able to address these issues, which are important to the American people. But he’s caught in a box because at the same time, well then that puts me in a bad position in court.
