Trump hit with three new felony charges in classified docs case

Todd Piro: Former President Donald Trump spoke exclusively with Fox News today after being hit with three new charges in the Jack Smith classified records probe. The Biden Justice Department is accusing Trump of attempting to delete surveillance footage at Mar-a-Lago.

Carley Shimkus: The front-runner faces 140 years in prison if convicted on all counts. Overnight, he asked what happened to the "crooked Joe Biden document case," saying that Biden had 20 times more documents and was not covered by the Presidential Records Act.

Brooke Singman: That's right, Jack Smith is bringing three new felony charges against Donald Trump and his aide Walt Nadon. Yesterday's filing brings charges against a third defendant as prosecutors accuse the former president of asking the head of maintenance at his Mar-a-Lago club to delete security camera footage. Do Olivaria also faces charges.

President Trump told me that this is "election interference at the highest level." He said that the Justice Department is "harassing my company, harassing my family, and least importantly of all, they are harassing me." He called the charges "ridiculous" and "prosecutorial misconduct."

The latest charges include one more count of willful retention of national defense information and conspiracy, false statements, and destroying documents, bringing the grand total to 41 criminal charges with the possibility of 140 years behind bars.

Some lawmakers are calling out what they consider to be more evidence of corruption within the Biden Justice Department.

Lawmaker: It is any coincidence that the DOJ rushes to indict Trump on something else right after the Hunter Biden debacle? They are taking the rule of law and turning it on its head.

Brooke Singman: The third defendant to face charges is scheduled to appear in a Florida courtroom on Monday.

Carley Shimkus: We're joined now by Mark Smith, constitutional attorney and former member of President Trump's transition team. What do you think of this latest development regarding the additional charges?

Mark Smith: We've talked before about how justice in America requires not just that the actual process be fair, but also that the appearance of justice be fair. This is a criminal case, and Americans have a stake in the outcome and how it is perceived.

From a public perception standpoint, it does not look good that the Justice Department rushed to bring these new charges right after the Hunter Biden debacle. The timing does not look good, and the fact that they are bringing additional charges is a potential legal landmine for the government. If one of these charges is overturned, it could hurt the entire case.

Carley Shimkus: You also mentioned that the charges against Trump seem to be piling on. Do you think that this is a sign that the Justice Department is trying to pressure Trump into a plea deal?

Mark Smith: It's certainly possible. Prosecutors often bring additional charges in an attempt to get a defendant to cooperate. However, I don't think that Trump is going to back down. He's been fighting these charges from the beginning, and I don't think he's going to give up now.

Carley Shimkus: Finally, what do you think about the charge that Trump ordered the head of maintenance to delete security footage?

Mark Smith: That is a serious allegation, but it's important to remember that it is just an allegation at this point. Trump has not been convicted of any crime, and he has the right to a fair trial.

The question for the jury will be whether or not there is enough evidence to prove that Trump committed this crime. The prosecution will have to show that Trump had the intent to delete the footage and that he took some kind of action to do so.

Carley Shimkus: Thank you for your insights, Mark.

Todd Piro: The extra charges will in all likelihood push this case beyond the May 2024 trial date that has been set. More charges mean more classified clearances need to be reviewed, which could delay the case even further.

We'll continue to follow this story and bring you the latest updates.