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-Joe Biden's White House is directly involved. The Fulton County DA, who forced Trump to take the mugshot, Fannie Willis, allegedly hired the guy she was sleeping with to prosecute the Trump case. Fannie's lover boy, Nathan Wade, was just a personal injury attorney you'd see on billboards and never even prosecuted a felony case in his whole career. Well, Fannie decided Nathan was qualified in other ways and made him the highest-paid prosecutor in the state. Fannie apparently hired her unqualified boyfriend and gave him nearly a million dollars to prosecute Trump. But the million dollars in tax money isn't all really going to the case. A lot of it's going to wine-and-dine Fannie. Fannie's lover took her to Napa and a Caribbean cruise. Somehow, Fannie found a way to get kickbacks from a sex scandal. Bless her heart. This would be like Jeff Sessions sleeping with an unqualified Robert Mueller, hiring him as special counsel, and then using the special counsel slush fund for romantic getaways to Cancun. You cannot hire someone you're having sex with, give them a promotion, hand them public money, and then use the public money on steamy trips together. And then hide it from everybody. But it's a lot worse than a sexual kickback scheme. Documents show Fannie's lover boy met with the Biden White House while he was investigating Trump. Twice. Fannie's lover boy files for divorce. The next day, Fannie taps him to be Trump's special prosecutor. Then Fannie's lover boy has an eight-hour conference with Joe Biden's White House counsel. Then a few months later, the lover boy has an eight-hour interview with the White House. And lover boy billed the taxpayer $2,000 for each meeting which would mean local prosecutors prosecuting Donald Trump are officially working with the Biden White House. And so Georgia taxpayers are getting billed so Fannie's boyfriend can conspire with Biden to lock up Trump. Oh, and they're being billed for Caribbean cruises. The people who are prosecuting fraud are the ones committing it. And the White House is always saying they have nothing to do with Trump's indictments. It's all being done independently. So then why are Biden's people meeting with Trump's prosecutors for eight hours? What, are they talking about the weather? Probably. Now, I thought the giggly wick and jury for a woman was enough to get this case tossed, but this heaping pile of conflict and corruption, slam dunk. We had a very big event yesterday, as you saw in Georgia, where the district attorney is totally compromised. The case has to be dropped. In fact, they say she's in far more criminal liability than any of the people she's looking at. So I think that when you look at what happened where they pay a lawyer with absolutely no experience, $700,000 who happens to be her lover or her boyfriend, and then they go on trips and vacations together, very expensive vacations together. And the reason they paid him so much because he was after me. Tommy Lahren, Outkick host, joins us. Again, Tommy, I did not see sexual kickback crews in this case. Did you see that coming? - You know, Jesse, I watch a lot of Bravo, and this feels more like the Real Housewives than real life. But, you know, I gotta say this. He definitely didn't meet with Joe Biden himself when he went to the White House because we know Joe Biden couldn't stay awake for eight hours at a time. But beyond that, you know, Fannie Willis, I would have given her more credit than this because you would have thought if she was trying to pull something like this off, she wouldn't have been so conspicuous about it. I mean, Napa, Florida, Royal Caribbean cruises, make it a little bit easier on yourself. Go to Cheesecake Factory, all of that, and something like that, something that's not costing your taxpayers this much money. But it just goes to show that everything that Democrats accuse Republicans of doing, either they have done, they are doing, or they will do, this is another example of that. And it reads more like a Spanish soap opera. But it is real life, unfortunately. And probably nothing will happen to Fannie in the aftermath of it. And I think that's just the cherry on top here, Jesse. - Yeah, she'll probably get a promotion. But this case is totally imploded. So, Tomi Lahren, you're giving people advice. If you're trying to keep your corrupt sexual relationship with someone discreet, you don't go on a cruise with 1,000 people? - No, I think that you gotta do Chuck E. Cheese, like I said, Olive Garden, Dave and Busters, maybe. I mean, that would be my advice. A little bit easier to conceal than going on Royal Caribbean cruises and going to Napa Valley. But good for her, I'm glad that her and her boo thing got their fun time paid for by taxpayers. - Fannie's been busted. - There isn't anything more Democrat in the playbook. - Not by Dave, but she's been busted, big.

Transcribed automatically. Expect errors in names and numbers.

For more, I'm joined by constitutional attorney and former Justice Department official David Rifkin. Good to see you, David. Thanks for being here. So a local prosecutor, wasn't even a state prosecutor, a local prosecutor using racketeering charges against a former president, 18 others. The Wall Street Journal, by the way, editorialized this week, inflating it into a RICO conspiracy makes the case less credible, not more. Now, I know you agree with that. Explain why. It is a very broad-ranging charge. It's a charge that incorporates as predicate offenses, lots of exercises or First Amendment rights, including things like tweets. It's never been used in that way. Obviously, RICO is typically used in the context of real basic criminal conduct. But it's not just the substantive charges. I think that this is a very weak case that's going to die very quickly, at least as far as being prosecuted in Georgia courts. You do have attorneys for Mark Meadows, who is Trump's former chief of staff, who filed a motion a couple of days ago to have a case transferred to Federal District Court, which they entitled because of a statutory immunity for federal offices, which is the case, obviously, Mr. Meadows, as well as Mr. Clark, who was a DOJ attorney. So this case does not have, and it's not just, David, a transfer venue to a federal court. It is also an immunity to which they're both entitled. And as I've argued in an article for you a little while ago, President Trump has a constitutionally based immunity based upon the Supreme Court case, as called Nixon v. Fitzgerald, to give some absolute immunity for all the actions done within the outer perimeter of his constitutional duties, even if those actions were unlawful. So the Fulton County case is not going to hold. Yeah, I was just going to say, other than that, you think it's fine. But also, there's a guy named Rudy Giuliani, who's one of the co-defendants, a guy who became famous as a prosecutor using RICO. He knows RICO better than probably anybody in the United States right now. He knows, not only knows how to use it against somebody, but he's probably seen every defense against it imaginable. Who do you think is going to win that if it ever goes to court against him? The prosecutor, the local prosecutor, or Rudy Giuliani? I will put my money on Giuliani. But as I said, I do not think that this case would ever be litigated on the merits, given the immunity arguments, which I actually do not apply to defendants from Georgia. But I wanted to emphasize both of the viewers, despite the weakness of those cases, leaving aside all the political implications, polarization, the dual justice system, it's a horrible precedent. As you said in your introduction, we have a local district attorney, not even an AG, bringing cases, and it's particularly the case with Ms. Willis, that goes to the heart, however you feel about what Trump did, and people like Jeff Clark or Mark Meadows, that were essentially discharging the duties of their federal office. This is a horrible precedent for federalism, separation of powers, exercise of first amendment rights, and a variety of other things. These are truly toxic cases, and even though I think all of them, or most of them are going to die, that does not diminish the toxicity, so I find them quite regrettable. David, it's also a pile on, because basically a lot of the charges are the same ones that Jack Smith brought on a federal level, and they both get to the issue, both cases try to get into the mind of Donald Trump, deciding whether or not he knew or didn't know whether he was lying or wasn't lying about what happened in the election. There's so much supposition in these charges, and then the question of isn't a candidate allowed to contest an election? It's like, sorry, you're not allowed to have the free speech to either question it publicly or actually try to defend your case in court. Yes, it definitely criminalizes the rough and tumble of electioneering and battles over elections. It is going to be played out for other people down the road. It is highly regrettable. I cannot tell you how depressing I find it. And then, by the way, the question of what did Trump believe is irrelevant actually for immunity purposes, which is an objective test, and it goes to whether or not he was doing things that will then again were the sphere of his obvious constitutional responsibility. David, very quickly, I want to ask a question. If you could answer as quickly as possible on the Biden investigations that are going on. Special counsel David Weiss, he wasn't special counsel before last week, but he has been making claims about his independence this past week, about how independent he is. I'm just wondering, do you believe that he is completely independent from the Department of Justice? No, I don't for two reasons. First of all, you choose special counsel from outside department. Second, one of the things he should be investigating is what happened in the front end with this aborted plea, and he was the one who was involved in it. So how can it investigate himself? It's appalling. It's cynical and appalling. David Rifkin, good to see you, sir. Thank you very much.

Transcribed automatically. Expect errors in names and numbers.