JULIE KELLY (GUEST): Look, Jack Smith knows this case is going nowhere, and let's remember what this new indictment, superseding indictment is. It is a four-count indictment. Three conspiracy charges, conspiracy to defraud the U.S., conspiracy to deny rights, obstruction of an official proceeding, and conspiracy to obstruct.
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So this is what is mostly in his new dossier, his motion that was unsealed yesterday, trying to explain how what Donald Trump did in office was purely private and political, that what his communications with Mike Pence were political and private, not in his official capacity as president.
What this represents, and because they only see this through the lens of Donald Trump, if they get their way, which they won't, is criminalizing any political activity by a president in the White House.
DAVE BRAT (GUEST HOST): Right. Right.
KELLY: That's what this would be. So this is why it's a folly, Dave. That's why it's not going anywhere. Jack Smith knows it. Tanya Chutkan knows it. Everyone knows it. This is a purely political, partisan move. The press is eating it up. And at the end of the day, this will all go away in the higher courts, whether appellate, certainly the Supreme Court. But it doesn't matter because they're gonna get their headlines. The fake ones we saw last night and today that Donald Trump called for a riot is not what that document says.