Latest / The Ben Ferguson Podcast / Trump Indictment - What Are Trump's Options Legally, To Fight Back!

Transcript

Trump Indictment - What Are Trump's Options Legally, To Fight Back! · The Ben Ferguson Podcast

0:01
Speaker 1: Center. Nice to see you. This is going to be
0:03
Speaker 1: a really interesting show because you put out a tweet
0:06
Speaker 1: asking people for questions they may have about what is
0:10
Speaker 1: going to happen with Donald Trump. We're going to go
0:13
Speaker 1: through a lot of those questions for this show. But
0:16
Speaker 1: let's start with kind of laying what this week's going
0:19
Speaker 1: to look like. What is going to happen this week
0:22
Speaker 1: with Donald Trump and this arraignment. We're being told tenively
0:26
Speaker 1: it would be on Tuesday. Obviously that could change, but
0:29
Speaker 1: we're being told that's what they're working with a secret
0:31
Speaker 1: service right now. Right So, what we know is the
0:34
Speaker 1: New York Grand Jury has returned in an indictment and
0:36
Speaker 1: that it has thirty four counts to the indictment. As
0:39
Speaker 1: we sit here today, we don't know the specific counts.
0:42
Speaker 1: That's still underseal. I assume that's going to be made
0:44
Speaker 1: public at some point, but we haven't seen what specifically
0:48
Speaker 1: the thirty four counts are. We also know from public
0:52
Speaker 1: news reporting that Trump is expected to be arraigned on
0:55
Speaker 1: Tuesday at two fifteen pm Eastern Standard time. So assuming
0:59
Speaker 1: that it's correct, we will see concurrent with the arraignment,
1:05
Speaker 1: we will see Trump come in we will see him
1:07
Speaker 1: surrender himself to the authorities in New York. From the
1:12
Speaker 1: public reporting, they're saying there's not going to be a
1:15
Speaker 1: perp walk, that Trump is not going to be in handcuffs.
1:18
Speaker 1: We've also seen public reporting that Secret Service has informed
1:21
Speaker 1: New York they will not allow them to handcuff Donald Trump,
1:25
Speaker 1: so he will come in, presumably of his own volition,
1:28
Speaker 1: without handcuffs. When he comes in, he'll be booked, he'll
1:32
Speaker 1: be fingerprinted, he will be that there will be a
1:34
Speaker 1: mug shot. Interestingly enough, based on some of the reporting,
1:39
Speaker 1: the New York authorities are suggesting the mug shot may
1:42
Speaker 1: not be available to the public, whereas Trump is saying
1:45
Speaker 1: he wants the mug shot to be available to the public.
1:48
Speaker 1: We know that Trump's presidential campaign has raised millions of
1:53
Speaker 1: dollars within the first twenty four hours of the indictment.
1:57
Speaker 1: I think the Trump campaign thinks that that mug shot
1:59
Speaker 1: is probably worth millions more dollars in campaign fundraising. We've
2:03
Speaker 1: talked about how this indictment is likely to boomerang and backlash,
2:08
Speaker 1: and that it already is, but all of that will
2:11
Speaker 1: play out on Tuesday. We will, I believe, see the
2:15
Speaker 1: mug shot, and as I predicted on this podcast already,
2:19
Speaker 1: I think you'll see Trump in a beautiful dark blue suit,
2:24
Speaker 1: a Chris White shirt, and a red shiny Donald J.
2:27
Speaker 1: Trump tie, smiling ear to ear in the mug shot.
2:31
Speaker 1: How abnormal is it to not release some mugshot of
2:34
Speaker 1: somebody because the fact that they're playing this much politics
2:37
Speaker 1: and I think that does go to politics and you're
2:39
Speaker 1: not going to go over procedure. Then you're playing politics.
2:43
Speaker 1: You want to arrest the guy, but you don't want
2:45
Speaker 1: people to see the mug shot that screams dripping a
2:48
Speaker 1: political motivation. It'll be released. That will be the end outcome.
2:54
Speaker 1: He will come in, he will plead not guilty. He
2:57
Speaker 1: will be released, presumably on some form of bail, given
3:02
Speaker 1: that New York they believe in in cashless bail, they'll
3:05
Speaker 1: release murderers. I don't know, maybe they'll say no, we
3:08
Speaker 1: won't release Donald Trump. Now. They will release him and
3:11
Speaker 1: then they'll move forward towards a trial. So how does
3:13
Speaker 1: the bail process work and how much time from when
3:16
Speaker 1: he gets out of that car walks in there with
3:18
Speaker 1: his attorneys. Secret Service will be around, they say. The
3:21
Speaker 1: entire time there was there was reporting that everybody in
3:24
Speaker 1: that court day. It basically Tuesday's gonna be shut down.
3:26
Speaker 1: Around that time. It'll be empty. It'll be just for
3:29
Speaker 1: this situation with Donald Trump. So how do you post bail?
3:32
Speaker 1: How fast does that happens? That come from a bank
3:34
Speaker 1: account before he even gets there? How does that work? Look,
3:37
Speaker 1: they're not going to drag it out. It's not going
3:39
Speaker 1: to be long and extended, in part because the New
3:42
Speaker 1: York City officials they're concerned about protests, they're concerned about violence.
3:46
Speaker 1: They're setting up barricade, so they're not gonna want it.
3:49
Speaker 1: In an ordinary case, someone could be there for hours
3:52
Speaker 1: and hours and hours. I mean, it's not typically a smooth,
3:56
Speaker 1: efficient process. In this case, I expect it will be
3:59
Speaker 1: relatively quick that he will go in, he will take
4:01
Speaker 1: the mug shot, they'll take his fingerprints, and he'll go
4:04
Speaker 1: and appear before a judge and bail will be set.
4:07
Speaker 1: Typically they'll turn to the prosecution and ask what's the
4:09
Speaker 1: prosecution seeking. In the prosecution will suggest a bail amount.
4:14
Speaker 1: It wouldn't surprise me if they release him on his
4:17
Speaker 1: own recognisance. It's not like they're worried about Yeah, yeah,
4:21
Speaker 1: it's not like he is a flight risk. So and
4:26
Speaker 1: it will be the judge ultimately who decides what the
4:29
Speaker 1: standard is for bail within the parameters of New York law.
4:32
Speaker 1: Will he be in a courtroom with a judge or
4:34
Speaker 1: will this be done by video? We saw a lot
4:36
Speaker 1: of that in COVID, where there was technology us right
4:39
Speaker 1: where you would go before a judge basically with you know,
4:42
Speaker 1: through a video camera when he walks in there, Will
4:44
Speaker 1: they take him into an actual courtroom or how does
4:46
Speaker 1: that work? Well, let me be clear, I've never practiced
4:48
Speaker 1: law in a New York state courtroom or certainly a
4:51
Speaker 1: New York criminal courtroom, so I don't have first experience
4:55
Speaker 1: with how Manhattan handles it. But I would absolutely expect
4:58
Speaker 1: that we will see this in a courtroom and front
5:00
Speaker 1: of a live judge, with a real court reporter in
5:03
Speaker 1: bailiff and the rest. All right, so let's ask and
5:06
Speaker 1: this is my first question I want to ask you.
5:09
Speaker 1: And crazy things have happened in and around Donald Trump.
5:12
Speaker 1: What if Donald Trump decides I don't want to go
5:16
Speaker 1: to New York, I don't want to deal with this,
5:18
Speaker 1: I don't want to show up for this. What would
5:21
Speaker 1: happen then? So that's actually an interesting legal question and
5:24
Speaker 1: it implicates a lot of different legal factors. The Constitution
5:30
Speaker 1: speaks to it. So the Constitution, there is a clause
5:33
Speaker 1: in the Constitution called the extradition Clause. The extradition clause provides, quote,
5:39
Speaker 1: a person charged at any state with treason, felony, or
5:41
Speaker 1: other crime, who shall flee from justice and be found
5:45
Speaker 1: in another state, shall, on demand of the executive authority
5:49
Speaker 1: of the state from which he fled, be delivered up
5:52
Speaker 1: to be removed to the state having jurisdiction of the crime. Now,
5:56
Speaker 1: if you look at the Constitutional Convention, which is where
6:00
Speaker 1: the Constitution was drafted, and if you looked at the notes,
6:03
Speaker 1: for example, on August twenty eighth, seventeen eighty seven, James
6:08
Speaker 1: Madison notes that during the constitutional editing process of Article four,
6:12
Speaker 1: which is where the extradition clause is found, that the
6:16
Speaker 1: words high misdemeanor were struck out and instead the words
6:21
Speaker 1: other crime were inserted, which which comprehended quote all proper cases.
6:27
Speaker 1: In other words, they didn't want the state where a
6:31
Speaker 1: person was to be found making a determination as to
6:34
Speaker 1: the nature of the crime. In the states seeking extradition.
6:38
Speaker 1: Now that's in the Constitution. There's a federal statute called
6:42
Speaker 1: the Federal Extradition Act, and that's eighteen USC. Section thirty
6:46
Speaker 1: one eighty two. It follows very closely to the Constitution's
6:51
Speaker 1: extradition Clause. It says, whenever an executive authority of any
6:55
Speaker 1: state or territory demands any person as a fugitive from justice,
6:58
Speaker 1: and it goes on to say, the executive authority of
7:01
Speaker 1: the state to which the person has fled shall cause
7:05
Speaker 1: him to be arrested and secured, and notify the executive
7:08
Speaker 1: authority making such a demand or the agency of such
7:11
Speaker 1: authority appointed to receive the fugitive, and shall cause the
7:15
Speaker 1: fugitive to be delivered. And so under the terms of
7:18
Speaker 1: the federal statute, it's a mandatory obligation. There's also a
7:23
Speaker 1: law called the Uniform Criminal Extradition Act, which is a
7:27
Speaker 1: uniform criminal law that forty eight states have adopted, including Florida.
7:31
Speaker 1: So there's a Florida state law that puts the obligation
7:36
Speaker 1: on the governor quote to have arrested and delivered up
7:39
Speaker 1: to the executive any other state of the United States,
7:42
Speaker 1: any person charged in that state with trees and felony
7:45
Speaker 1: or another crime. Now, it's more than a little interesting
7:49
Speaker 1: given that the executive of the state where Donald Trump
7:52
Speaker 1: is found, and he said it, made it very clear
7:57
Speaker 1: in his statement he would not work with New York City.
8:01
Speaker 1: So Rohn de Santis tweeted out the following quote. The
8:04
Speaker 1: weaponization of the legal system to advance a political agenda
8:07
Speaker 1: turns the rule of law on its head. It is
8:10
Speaker 1: an American the Soros backed Manhattan District attorney has consistently
8:14
Speaker 1: bent the law to downgrade felonies and to excuse criminal misconduct.
8:19
Speaker 1: Yet now he is stretching the law to target a
8:22
Speaker 1: political opponent. Florida will not assist in an extradition request
8:27
Speaker 1: given the questionable circumstances at issue with this Soros backed
8:31
Speaker 1: Manhattan prosecutor at his political agenda, So de Santis is
8:36
Speaker 1: suggesting that he would fight extradition of Donald Trump. Now,
8:41
Speaker 1: at the end of the day, if Trump refused to
8:45
Speaker 1: show up and DeSantis fought, I think it is likely
8:51
Speaker 1: that you would end up seeing Trump extradited. New York
8:56
Speaker 1: would likely seek a mandamus and federal district court in
8:59
Speaker 1: Florida to order that Trump be extradited. Presumably Florida would
9:03
Speaker 1: fight that, but I think given the Constitution, given the
9:08
Speaker 1: federal statue, given the Florida statute, it is likely that
9:12
Speaker 1: the courts would say that. Well, for example, here's what
9:16
Speaker 1: the Supreme Court said in a case that was called
9:19
Speaker 1: the Mexico versus Read. Supreme Court said, quote, what actually
9:24
Speaker 1: happened in the demanding state, the law of the demanding state,
9:28
Speaker 1: and what may be expected to happen in the demanding
9:31
Speaker 1: state that's New York when the fugitive returns are not
9:35
Speaker 1: issues that must be tried, or rather are issues that
9:40
Speaker 1: must be tried in the courts of that state and
9:44
Speaker 1: not in those of the asylum state. So I think
9:48
Speaker 1: given the state of the law, if Trump tried to fight,
9:52
Speaker 1: if De Santis fought alongside him, they could delay extradition. Yeah,
9:57
Speaker 1: but I think at the end of the day, it
9:59
Speaker 1: is like you would see extradition happen now assuming Trump
10:03
Speaker 1: does what he said, which is that he's going to surrender,
10:05
Speaker 1: And I think that's probably the right decision. To go
10:07
Speaker 1: and fight it and beat and beat it in court.
10:11
Speaker 1: We won't find it out. But but if if Trump
10:13
Speaker 1: were to refuse to show up, it would create a
10:16
Speaker 1: brand new legal challenge that that that would be fascinating
10:19
Speaker 1: and difficult something like that if it did happen and
10:23
Speaker 1: played out that way. Is that something that could possibly
10:25
Speaker 1: go all the way that spring Court to go ruling?
10:27
Speaker 1: It could? Sure, Sure it could, And given the nature
10:32
Speaker 1: of a presidential campaign, it's entirely possible that it would.
10:39
Speaker 1: As I said, I think it's likely not to be
10:41
Speaker 1: teed up because Trump has said he's going to turn
10:43
Speaker 1: himself in, and at the end of the day, I'm
10:47
Speaker 1: not sure it's in Trump's interest or to Santas's interest
10:50
Speaker 1: to drag this out for six months and then lose
10:53
Speaker 1: and be forced to do the same thing that that
10:56
Speaker 1: at the end of the day, that calculus, it's gonna
10:58
Speaker 1: be Trump that makes the decision. If you and show up,
11:01
Speaker 1: that'll tee this up. But given the state of the law,
11:05
Speaker 1: I assume Trump's lawyers are advising him, You're not likely
11:09
Speaker 1: to win the argument that I get to be a
11:12
Speaker 1: fugitive from justice because I don't like the indictment. You're
11:15
Speaker 1: on much stronger grounds going and fighting the indictment and
11:19
Speaker 1: saying this is a political witch hunt, rather than being
11:24
Speaker 1: in fact a fugitive from justice. I think that both
11:28
Speaker 1: legally and politically is a bad look, which is why
11:30
Speaker 1: I don't expect Trump to do that. It's very interesting
11:33
Speaker 1: to think about it, and it's when it doesn't not
11:34
Speaker 1: a Trump. You never know exactly what's going to happen.
11:37
Speaker 1: Yet you never know. And I will say sometimes history
11:39
Speaker 1: has a sense of humor. You know. I'm reminded back
11:42
Speaker 1: in two thousand and as you know, I was a
11:47
Speaker 1: baby lawyer, was part of the George W. Bush campaign,
11:50
Speaker 1: met Heidi on the campaign, and I was part of
11:52
Speaker 1: the legal team in Tallahassee and Bush versus Gore and
11:56
Speaker 1: the entire presidency came down to that. Those legal proceedings
11:59
Speaker 1: also five hundred and thirty seven votes for George W.
12:02
Speaker 1: Bush over al Gore. One of the bizarre aspects of
12:06
Speaker 1: it is the governor of the state that the entire
12:10
Speaker 1: presidency hinged upon was Jeb Bush, the brother of one
12:14
Speaker 1: of the two governors. I remember laughing saying, you know,
12:16
Speaker 1: if you wrote this as a novel, no one would
12:19
Speaker 1: publish it. They say, come on, this is stupid. If
12:22
Speaker 1: you submitted a screenplay, they laugh at You know, you
12:25
Speaker 1: don't get to make the governor of the key state
12:28
Speaker 1: the brother of one of the candidates. It's kind of
12:30
Speaker 1: similar here. No, you don't get to make the governor
12:33
Speaker 1: of the state that would decide what to do on
12:35
Speaker 1: extradition the leading Republican rival of the guy presumably being
12:39
Speaker 1: extradited and sometime make history. You can't make it up.
12:42
Speaker 1: It's amazing. I want to get some of these questions
12:44
Speaker 1: on Twitter, A lot of really good questions. We're responding
12:47
Speaker 1: when we said, hey, we'll answer these questions. Before we
12:49
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Speaker 1: day center. I want to get some of these questions
14:01
Speaker 1: because they're really good, and this is the first one,
14:05
Speaker 1: and I think it's a great one. It says, does
14:06
Speaker 1: Trump have any recourse if after his walk of shame
14:11
Speaker 1: slash mug shot, the case fizzles out. It's a great
14:15
Speaker 1: question because it's like, it seems so biased, it seems
14:18
Speaker 1: so political, it seems so unfair. Does he have any
14:20
Speaker 1: recourse that this thing doesn't work out for brack So,
14:23
Speaker 1: his recourses are very limited and they're primarily political. Legally,
14:29
Speaker 1: his principal resource would be under a law called forty
14:32
Speaker 1: two USC. Section nineteen eighty three, so section nineteen eighty
14:36
Speaker 1: three and enables it says, every person who undercover undercolor
14:40
Speaker 1: of any statute, ordinance, regulation, customer usage, in other words,
14:43
Speaker 1: undercolor of state law causes the deprivation of any rights, privileges,
14:49
Speaker 1: or immunities secured by the Constitution or laws, shall be
14:53
Speaker 1: liable to the party injured in inaction at law. What
14:58
Speaker 1: in section nineteen eighty three enables you to do is
15:01
Speaker 1: that if a state or local official violates your constitutional rights,
15:06
Speaker 1: you can sue that state or local official for violating
15:10
Speaker 1: your constitutional rights. Section nineteen eighty three is the primary
15:14
Speaker 1: vehicle of most civil rights lawsuits. Section nineteen eighty three
15:18
Speaker 1: is actually part of what was called the ku klux
15:20
Speaker 1: Klans laws, which were passed in the wake of the
15:23
Speaker 1: Civil War and in the wake of the Fourteenth Amendment.
15:27
Speaker 1: Section nineteen eighty three was one of the enforcement mechanisms
15:31
Speaker 1: of the Fourteenth Amendment. After the Civil War, there were
15:34
Speaker 1: three landmark amendments that were adopted. The Thirteenth Amendment, which
15:37
Speaker 1: ended slavery, the Fourteenth Amendment, which ensures due process of
15:41
Speaker 1: law and equal protection of law, and was their designed
15:44
Speaker 1: to protect the rights principally of the slaves who had
15:49
Speaker 1: just been freed, but also of everyone else. It applied
15:52
Speaker 1: across the board. And then the fifteenth Amendment guaranteed the
15:55
Speaker 1: right to vote couldn't be denied based on race, and
15:58
Speaker 1: so the three were adopted together following the Civil War.
16:01
Speaker 1: Trump could bring in nineteen eighty three lawsuit, there'd be
16:04
Speaker 1: a number of challenges. Number one, if he tried to
16:08
Speaker 1: sue Alvin Bragg personally, he'd be extremely unlikely to succeed.
16:13
Speaker 1: The courts interpret seems unfair by the way I understand,
16:17
Speaker 1: but the courts interpret prosecutorial immunity very very broadly. It's
16:22
Speaker 1: been referred to in numerous instances as absolute. And you
16:27
Speaker 1: know you can say it seems unfair. But I will
16:29
Speaker 1: give you the flip side of that, which is every
16:32
Speaker 1: day people are prosecuted all across the country. And if
16:35
Speaker 1: you could sue the DA for every prosecution they brought,
16:38
Speaker 1: every murderer, every drug dealer, you would face an unlimited
16:42
Speaker 1: number of lawsuits. And you got to think about it,
16:45
Speaker 1: Ben Ferguson, would you serve as DA? Now if every
16:48
Speaker 1: murderer you you prosecuted, could sue Ben Ferguson personally and
16:53
Speaker 1: take your house and take your car. You've got a
16:55
Speaker 1: fancy to a car parked outside you don't want Yeah, yeah,
17:00
Speaker 1: I knew you were gonna take that shot. Well played. No,
17:03
Speaker 1: it's but it's true. You would not take that job.
17:05
Speaker 1: You would say, I can't afford this, I can't afford
17:07
Speaker 1: the legal I can't afford the time it takes. So
17:10
Speaker 1: that does make sense. So there's a reason prosecutors and
17:14
Speaker 1: judges both have been given absolute immunity with very very
17:17
Speaker 1: few exceptions because of that proposition. What you can do, though,
17:23
Speaker 1: is you can sue the office. So you could sue
17:26
Speaker 1: the District Attorney in the official capacity, not your personal capacity,
17:30
Speaker 1: which means that judgment would not be paid out of
17:32
Speaker 1: District Attorney Ben Ferguson's personal bank account, but rather out
17:36
Speaker 1: of the day the District attorney for Manhattan. The challenges
17:41
Speaker 1: of suing the office, though, are quite significant, and I
17:44
Speaker 1: actually litigated a case where we were dealing with exactly this.
17:48
Speaker 1: It's a case called Conic versus Thompson, and it dealt
17:51
Speaker 1: with an individual named John Thompson who was prosecuted for
17:54
Speaker 1: murder in New Orleans and he was convicted of capital
17:58
Speaker 1: murder and he was sent to death row, and it
18:00
Speaker 1: was a wrongful conviction. John Thompson was innocent of the murder,
18:04
Speaker 1: and the District Attorney's office in New Orleans they had
18:07
Speaker 1: blood evidence that could have exonerated him, and they never
18:11
Speaker 1: gave that blood evidence to John Thompson. There's a Supreme
18:15
Speaker 1: Court decision called Brady, which which requires that prosecutors have
18:19
Speaker 1: to give the defendants any exculpatory evidence, any evidence they
18:22
Speaker 1: have that could prove their innocent, they have to hand
18:25
Speaker 1: it over in the DA's office. It didn't do it,
18:28
Speaker 1: and so they convicted him. They sent John Thompson to
18:31
Speaker 1: death row. And ultimately his lawyers actually through like pricking
18:35
Speaker 1: his fingers, they took a DNA test, they got access
18:38
Speaker 1: to the blood evidence, and they proved he was innocent.
18:41
Speaker 1: And so John Thompson was released from death row, but
18:45
Speaker 1: he'd spent fourteen years on death row for a crime
18:49
Speaker 1: he didn't commit. Well after he was released, I wasn't
18:52
Speaker 1: part of the criminal trial. I got involved. After he
18:54
Speaker 1: was released. He filed a lawsuit against the District Attorney
18:58
Speaker 1: in New Orleans and he won. He won fourteen million dollars,
19:02
Speaker 1: a million dollars for every year of the fourteen years
19:05
Speaker 1: he was wrongfully incarcerated. That case went up to the
19:08
Speaker 1: Supreme Court, and I was in private practice at the time.
19:11
Speaker 1: I was at a firm called Morgan Lewis, one of
19:13
Speaker 1: the biggest law firms in the country, and I was
19:15
Speaker 1: leading their Supreme Court practice and their national pellet practice.
19:19
Speaker 1: And two of my law partners had been representing John
19:21
Speaker 1: Thompson for years pro bono, doing it for free, and
19:25
Speaker 1: so they brought me in to assist on the Supreme
19:27
Speaker 1: Court case, and I spent a lot of time working
19:30
Speaker 1: with my partners on the Supreme Court case. We went
19:33
Speaker 1: to the court, I was at the argument seating at
19:35
Speaker 1: Council chamber. My partner argued the case. Unfortunately, we lost
19:41
Speaker 1: five four and five four. The Supreme Court throughout the
19:46
Speaker 1: judgment because they said there was not a pattern in
19:49
Speaker 1: practice that was so pervasive in the office of refusing
19:54
Speaker 1: to hand over Brady materials that they were not going
19:57
Speaker 1: to hold the office liable all of just to say,
20:00
Speaker 1: Trump could presumably sue, but the chances of succeeding in
20:05
Speaker 1: a civil lawsuit afterwards are very slim. There would be
20:09
Speaker 1: serious legal impediments to winning interesting, especially if you are
20:13
Speaker 1: on death row for fourteen years. You can't win that one. Yeah,
20:16
Speaker 1: this is obviously seems a much lower level of chance
20:19
Speaker 1: of success. Let's go to another question, and again everybody's
20:22
Speaker 1: in these end. You guys are amazing with us. Another
20:24
Speaker 1: one is are the charges that Trump was indicted for
20:27
Speaker 1: politically based or based on actual evidence? Does the indictment
20:32
Speaker 1: warrant further investigation? And what legal options does Trump have
20:37
Speaker 1: for responding to the indictment. Well, look, the indictment I
20:42
Speaker 1: believe is wholly political. I think it is baseless. We
20:48
Speaker 1: don't know the exact terms. But what we do know
20:53
Speaker 1: is we know what we think the case is based on, right,
20:59
Speaker 1: and I think the case is based on a specific
21:02
Speaker 1: New York law. It's New York Penal Law one seven
21:05
Speaker 1: five dot zero five. Now that's a law that makes
21:08
Speaker 1: it a misdemeanor to essentially create a false business record.
21:11
Speaker 1: It defines it a little more legal ease, but it's
21:13
Speaker 1: creating a false business record. Now there's an obvious problem
21:17
Speaker 1: with this, which is a misdemeanor. The misdemeanor under New
21:20
Speaker 1: York law has a two year statute of limitations. The
21:24
Speaker 1: conduct here occurred in twenty sixteen and The conduct, as
21:28
Speaker 1: we understand it, that this is all based on, is
21:31
Speaker 1: an alleged payment of one hundred and thirty thousand dollars
21:34
Speaker 1: made by Michael Cohen, then Donald Trump's personal attorney, to
21:37
Speaker 1: Stormy Daniels, the porn star who alleges she had an
21:40
Speaker 1: affair with Donald Trump and that the money was hush
21:43
Speaker 1: money for her to keep quiet. And this is in
21:46
Speaker 1: the middle of the presidential campaign Trump is running against Hillary.
21:49
Speaker 1: It obviously would have been not good politically for a
21:52
Speaker 1: scandal to break right in the middle of this of
21:54
Speaker 1: an affair with a porn star. It's not illegal under
21:59
Speaker 1: New York law to have an affair with a porn star.
22:01
Speaker 1: It's not even illegal under New York law to pay
22:03
Speaker 1: hush money to a porn star. All of that. You
22:06
Speaker 1: can decide what you like about the underlying alleged conduct,
22:09
Speaker 1: but it's not illegal in New York. What is allegedly
22:13
Speaker 1: illegal is that when Michael Cohen delivered one hundred and
22:16
Speaker 1: thirty thousand dollars to Stormy Daniels, it was recorded on
22:20
Speaker 1: the records for Trump as legal fees, when it was
22:24
Speaker 1: not in fact legal fees. It was hush money payments
22:26
Speaker 1: to the porn star. Now I said this was a misdemeanor,
22:30
Speaker 1: So how is Alvin Bragg bringing it it's beyond two years. Well,
22:34
Speaker 1: there's a second statute. It's New York Penal law one
22:37
Speaker 1: seven five one zero. That makes it a felony with
22:40
Speaker 1: a longer statute of limitations. If the false business record
22:46
Speaker 1: was created in order to aid in the commission of
22:49
Speaker 1: another crime, so to get it from misdemeanor to felony,
22:52
Speaker 1: to get the statute of limitations longer, Alvin Bragg has
22:55
Speaker 1: to somehow bootstrap that this allegedly false business record was
23:00
Speaker 1: done to facilitate another crime. We don't know what other
23:03
Speaker 1: crime he's going to claim. Presumably the most likely other
23:09
Speaker 1: crime is some sort of federal campaign finance violation that
23:12
Speaker 1: it was hiding what the money was being spent for.
23:16
Speaker 1: We don't know exactly sure. We do know that the
23:19
Speaker 1: Department of Justice the Southern District of New York investigated
23:23
Speaker 1: a federal campaign finance violation on this and decided not
23:26
Speaker 1: to prosecute. We also know that the Federal Elections Commissions
23:30
Speaker 1: investigated the conduct underlying this to see if there was
23:33
Speaker 1: a violation and decided not to prosecute. So at this point,
23:37
Speaker 1: Alvin Bragg is presumably taking a federal crime that no
23:41
Speaker 1: federal official thinks is sufficient to prosecute, and using that
23:46
Speaker 1: to try to bootstrap a state crime into a felony
23:49
Speaker 1: to go after Donald Trump. I think the entire thing
23:52
Speaker 1: is crap and one of the most important points, and
23:57
Speaker 1: it's one I've made a couple of times on this podcast.
24:01
Speaker 1: If this is a crime, if this is a felony
24:04
Speaker 1: that someone should go to jail four, then Hillary Clinton
24:08
Speaker 1: committed the exact same crime because at the exact same time,
24:12
Speaker 1: Hillary Clinton's campaign paid over a million dollars. You're an
24:15
Speaker 1: exaggerating to see exact same twenty sixteen presidential campaign. Her
24:19
Speaker 1: campaign was making the Steel dossier. The Democrat Natural Committee
24:23
Speaker 1: was helping pay for this, She was paying for this
24:25
Speaker 1: out of the campaign finance, you know, their campaign. She
24:28
Speaker 1: had lawyers involved that we're doing this and trying to
24:31
Speaker 1: sell this. Literally it's exact same time frame. So her
24:35
Speaker 1: campaign spent over one million dollars to create the Steel dossier.
24:39
Speaker 1: The Steel Dossier, you remember, is this scurlous and scandalous
24:42
Speaker 1: dossier assembled in Europe that that alleged all these things
24:46
Speaker 1: that Trump had done, including the famous pe tape, all
24:50
Speaker 1: of which was fiction, all of which was false. It
24:53
Speaker 1: was made up, brought to you, paid for by the
24:55
Speaker 1: Democratic Party and Hillary for president. It was and Hillary
25:00
Speaker 1: Clinton campaign recorded that over million dollars as legal fees.
25:05
Speaker 1: So if recording something as legal fees that is not
25:09
Speaker 1: legal fees in the context of a presidential campaign is
25:13
Speaker 1: criminal in Manhattan, then Hillary Clinton, a resident of New York,
25:17
Speaker 1: committed the same crime at the exact same time twenty
25:21
Speaker 1: sixteen in the exact same place, Manhattan, New York. There
25:26
Speaker 1: is no coherent way, all right. If Alvin Bragg wants
25:28
Speaker 1: to indict Hillary Clinton and Donald Trump side by side,
25:32
Speaker 1: then they can both. Then he can lose both cases.
25:35
Speaker 1: But that at least is marginally consistent. If he only
25:39
Speaker 1: indicts Donald Trump, everyone gets the joke. He hates Trump.
25:43
Speaker 1: He's a left wing Democrat, and by any means necessary
25:46
Speaker 1: as his approach. I want to tell you about our
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26:53
Speaker 1: another question real quick that it came in. What are
26:55
Speaker 1: the chances of dismissal? And if found innocent, can the
26:59
Speaker 1: d A face being disbarred? So I think the chances
27:04
Speaker 1: of dismissal are high. It will depend on what trial
27:07
Speaker 1: court they get there are some partisan Democrat trial judges
27:11
Speaker 1: in New York, so it is possible they get a
27:14
Speaker 1: high highly partisan trial judge who refuses to dismiss the claims.
27:18
Speaker 1: If they have a trial judge who follows the law,
27:20
Speaker 1: I think this ought to be dismissed at trial court.
27:23
Speaker 1: If not, it should be thrown out on appeal. But
27:26
Speaker 1: if it's not dismissed at the trial court, there will
27:28
Speaker 1: almost assuredly be a motion to dismiss the indictment, a
27:32
Speaker 1: fight early on in the trial court. If it's not
27:35
Speaker 1: dismissed in the trial court, I expect an appeal and
27:39
Speaker 1: any appellate court following the law I think will throw
27:42
Speaker 1: this out. I think this will ultimately be rejected. How
27:46
Speaker 1: long does this last? Then? That's I mean, you've got
27:48
Speaker 1: a presidential campaign here. Look, it depends, but you know,
27:53
Speaker 1: prosecutions can drag on for months and years. It depends
27:57
Speaker 1: how quickly the New York courts operate. But it is
28:00
Speaker 1: easy to see this lasting for many months, and it
28:03
Speaker 1: could conceivably last beyond election Day twenty twenty four, which
28:06
Speaker 1: brings me to a question I have to ask as
28:08
Speaker 1: a follow up, Donald Trump, let's say gets elected, he
28:12
Speaker 1: becomes president United States of America again for another four years. Yeah,
28:16
Speaker 1: January twentieth, he's scorn in January twenty first he is convicted.
28:22
Speaker 1: What happens then? Look if he's convicted, and let's assume
28:27
Speaker 1: for a second he's convicted and sentenced to jail. I
28:31
Speaker 1: don't think that's going to happen. Let's be clear. This
28:33
Speaker 1: is a hypothetical that I think is falls but there
28:35
Speaker 1: is nothing in the Constitution to prevent a president from
28:38
Speaker 1: serving while in jail. So for anyone who thinks, is
28:43
Speaker 1: that because they never could have imagined the scenario that
28:45
Speaker 1: we're living in right now. Yes, yes, Look, I think
28:47
Speaker 1: that's a significant part of it that they didn't. In division,
28:50
Speaker 1: the legal system being weaponized, I mean, as you know,
28:53
Speaker 1: I wrote an entire book just a few months ago
28:55
Speaker 1: on this topic, Justice Corrupted, How the Left is weaponized
28:58
Speaker 1: the legal system. Haven't bought the book? Go by the
29:01
Speaker 1: book because it talks about Alvin Bragge, It talks about
29:03
Speaker 1: DJ it talks about the FBI. It lays out this problem.
29:06
Speaker 1: The reason I wrote the book I saw what Obama
29:10
Speaker 1: had done, what the deep Stata had done against Trump.
29:13
Speaker 1: I saw what Joe Biden and Merritt Garland were doing.
29:15
Speaker 1: I saw what Alvin Bragg had done. This has been
29:18
Speaker 1: coming a long time. The Framers never envisioned the system
29:22
Speaker 1: being used by that. But in terms of so, there's
29:25
Speaker 1: some people who are saying, well, gosh, does the indictment
29:28
Speaker 1: mean Trump can't run? Let me tell you. Article two
29:31
Speaker 1: of the Constitution specifies the grounds to serve as president.
29:35
Speaker 1: They're three. What Constitution says is no person except a
29:39
Speaker 1: natural born citizen, which Trump is, shall be eligible to
29:43
Speaker 1: the office of the President. Neither shall any person be
29:46
Speaker 1: eligible to that office who shall not have attained the
29:48
Speaker 1: age of thirty five years. Trump is over thirty five
29:51
Speaker 1: and been fourteen years a resident within the United States.
29:55
Speaker 1: Those are the three criteria under the Constitution. You gotta
29:57
Speaker 1: be a natural born citizen, at least the five years old,
30:00
Speaker 1: and have been fourteen years a resident in the United States.
30:03
Speaker 1: Trump meets all three of those, so he is eligible
30:05
Speaker 1: to run for president. He's eligible to serve as president. Now,
30:09
Speaker 1: there is potentially one other ground that could make someone
30:13
Speaker 1: ineligible to serve for president. That is under the Fourteenth Amendment.
30:17
Speaker 1: Under Section three of the Fourteenth Amendment, it provides no
30:20
Speaker 1: person shall be a senator, representative in Congress, or elector
30:23
Speaker 1: of the President or Vice president, or hold any office
30:26
Speaker 1: under the United States, who, having previously taken an oath
30:30
Speaker 1: to support the Constitution of the United States, shall have
30:33
Speaker 1: engaged in insurrection or rebellion against the same, or given
30:37
Speaker 1: aid and comfort to the enemies thereof. So this is
30:40
Speaker 1: something in the fever swamps of the left, the Democratic side,
30:43
Speaker 1: they get great joy of. Okay, Trump will be barred
30:47
Speaker 1: from running for serving as president under section three of
30:50
Speaker 1: the fourteenth Amendment, and is at least conceivable there will
30:53
Speaker 1: be lawsuits arguing Trump is ineligible under section three of
30:57
Speaker 1: the fourteenth Amendment and arguing that under that what happened
31:01
Speaker 1: on January six qualified as to use the constitutional language
31:05
Speaker 1: on insurrection or rebellion. That's why Democrats use the word
31:09
Speaker 1: insurrection so much, over and over and over again. That's
31:12
Speaker 1: not going to succeed. I think it is highly unlikely
31:15
Speaker 1: to succeed. We might see a prosecution from the Biden
31:20
Speaker 1: Justice Department, the special prosecutor that's investigating Trump might bring
31:24
Speaker 1: a prosecution for insurrection or rebellion or giving aid in
31:29
Speaker 1: comfort to the enemies thereof. But there has been no prosecution.
31:32
Speaker 1: So excluding that if he if he was convicted of
31:35
Speaker 1: another crime, that does not mean that he is ineligible.
31:39
Speaker 1: Because the United States could commit murder. Joe Biden could
31:48
Speaker 1: walk into the office of his chief of staff and
31:52
Speaker 1: kill his chief of staff on national television. Joe Biden
31:55
Speaker 1: could be prosecuted and sentenced to life in prison, and
31:59
Speaker 1: if nothing else happened, Joe Biden would remain the President
32:02
Speaker 1: of the United States. Wow. Now, the natural step that
32:05
Speaker 1: would happen in that hypothetical is the House of Representatives
32:08
Speaker 1: would impeach Joe Biden for having committed high crimes and misdemeanors.
32:11
Speaker 1: And in that instance, presumably the Senate would convict him
32:14
Speaker 1: and remove him from office. But that's how you remove
32:16
Speaker 1: a president from office, is It's not it's not the conviction,
32:21
Speaker 1: it's what you do afterwards in Congress that would make
32:24
Speaker 1: you ineligible to be president. Simply a murder conviction, simply
32:28
Speaker 1: a life life imprisonment sentence would not automatically remove you
32:32
Speaker 1: from from the office. It would take the Senate convicting
32:36
Speaker 1: in an impeachment. Interesting, let's get to another question here,
32:39
Speaker 1: another one that came through. When are we going to
32:42
Speaker 1: see indictments against the Clintons slash Bidens. I mean, the
32:45
Speaker 1: whole world has seen the evidence. What more is needed?
32:48
Speaker 1: I think this goes back to Hunter Biden, James Biden,
32:51
Speaker 1: that the Biden crime family continues to expand. People see
32:55
Speaker 1: the laptop, they see the money, they see the suspicious
32:57
Speaker 1: activity reports, and there does seem to be two different
33:00
Speaker 1: systems of justice in this country. If you're a Democrat,
33:03
Speaker 1: you get a pass if your Republican will make up
33:05
Speaker 1: crimes against you to shut you up. I mean, how
33:07
Speaker 1: we had somebody that went to jail the other day
33:09
Speaker 1: there was convicted because they made a meme of Hillary
33:11
Speaker 1: Clinton about Hillary Clinton. And people see that and they say,
33:15
Speaker 1: we're not safe in this country if you're a Republican
33:18
Speaker 1: and the system can come after you. But Democrats, it's
33:21
Speaker 1: good to go do whatever you want to do. Look,
33:24
Speaker 1: if you look at the conduct Hillary Clinton committed, it
33:27
Speaker 1: was all together different from this sort of conduct, and actually,
33:31
Speaker 1: as it concerns false business records, it was identical and
33:35
Speaker 1: ten x worse. In other words, Trump is alleged to
33:38
Speaker 1: have done so with one hundred and thirty thousand. Hillary
33:40
Speaker 1: Clinton is admitted to have done so with over a
33:42
Speaker 1: million dollars the Bidens. We've talked at great length on
33:47
Speaker 1: this podcast about the evidence of corruption by the Biden family.
33:52
Speaker 1: It is significant. I believe the Biden DOJ wants to
33:55
Speaker 1: get nowhere near it. I don't believe they're investigating it.
33:57
Speaker 1: I don't believe they're looking at it. I Merrick Garland's
34:01
Speaker 1: plan was to indict Donald Trump for improperly having classified
34:07
Speaker 1: documents at Marlago. I think they were very excited. I
34:09
Speaker 1: think they were. They had started, they had leaked. They
34:12
Speaker 1: were going to indict Hunter Biden for drug and tax issues,
34:17
Speaker 1: which don't implicate his father or the family corruption, just
34:19
Speaker 1: say poor troubled soul with a substance abuse problem. I
34:23
Speaker 1: think Merrick Garland wanted to do that in order to
34:25
Speaker 1: show how even handed he was. Look, I'm indicting a Biden,
34:28
Speaker 1: I'm inditing a Trump. See it's right in the middle.
34:31
Speaker 1: Then a funny thing happened on the way to the forum,
34:33
Speaker 1: which as we discovered that Joe Biden had classified documents
34:37
Speaker 1: stored seemingly in every mode the orifice he had, Like,
34:41
Speaker 1: I don't understand why Biden leaves classified documents everywhere. It
34:46
Speaker 1: started to become almost a comedy of error as one
34:48
Speaker 1: after the other after the other was discovered. What it
34:52
Speaker 1: created was a legal and even more significantly, a political
34:56
Speaker 1: problem for Merrick Garland in that Now, now I think
35:01
Speaker 1: Garland understands if DOJ indicts Donald Trump for classified documents
35:06
Speaker 1: at Marlago, it is indefensible not to indict Joe Biden
35:10
Speaker 1: for the same thing, and so I think they feel
35:14
Speaker 1: just stuck. Right now, we've talked about the special counsel
35:21
Speaker 1: who's been appointed to investigate the Biden classified documents. The
35:25
Speaker 1: real question that will indicate whether that special counsel is
35:29
Speaker 1: fulfilling his oath is whether he's willing to investigate and
35:32
Speaker 1: does in fact investigate the connections of corruption back to
35:36
Speaker 1: Joe Biden himself, or whether he seals him off and
35:39
Speaker 1: doesn't look at the corruption. I hope they do. I
35:43
Speaker 1: have to say, my level of optimism that the Biden
35:45
Speaker 1: DOJ will investigate or prosecute the Biden family corruption is extremely,
35:51
Speaker 1: extremely low. I want to get to one other question
35:53
Speaker 1: before we get to my orchist because I want to
35:54
Speaker 1: make sure we leave time for that and what he
35:56
Speaker 1: had to say on sixteen minutes. But the last one.
35:58
Speaker 1: Here's a thread and I kind of want you to
35:59
Speaker 1: go through it so people understand, and this is an
36:01
Speaker 1: important one. So this is an individual. So we had
36:04
Speaker 1: when we put out on Twitter said you have questions
36:06
Speaker 1: about the Trump indictment. We had a lot of good questions,
36:09
Speaker 1: a number of which we went through in this podcast.
36:11
Speaker 1: We also had trolls on the left who just kind
36:14
Speaker 1: of had fun, and that's fine. I enjoyed trolls. I
36:16
Speaker 1: have to admit Twitter would be more bully boring without
36:19
Speaker 1: the trolls. I enjoy jousting with lefties. It's it's you know,
36:24
Speaker 1: it's usually like shooting fish in a barrel. But in
36:26
Speaker 1: this instance, this person, presumably from the left, sent sent
36:31
Speaker 1: out a tweet that is copying an earlier tweet I
36:35
Speaker 1: had sent that said elected officials, no matter how high
36:37
Speaker 1: their position, should be held accountable for criminal conduct. The
36:40
Speaker 1: rule of law matters. And this individual says, my question
36:44
Speaker 1: is this you haha lefty? Yeah, yeah, yeah, I got him. Well,
36:48
Speaker 1: this was actually part of a threat of tweets that
36:50
Speaker 1: I had sent about Hillary Clinton. So if you look
36:52
Speaker 1: at the thread, the first email, this was on October
36:55
Speaker 1: twenty eight, twenty sixteen, which is Americans already know Hillary
36:59
Speaker 1: Clinton a lifelong pattern of corruption, and I linked to
37:03
Speaker 1: a detailed summary of that lifelong pattern. The second tweet
37:07
Speaker 1: was it's abundantly clear her handling of classified info and
37:11
Speaker 1: a private email server was grossly negligent, as the FBI
37:15
Speaker 1: admitted this summer. You remember James come at his press
37:17
Speaker 1: conference admitting she'd violated the law and it was grossly negligent.
37:21
Speaker 1: And then the third tweet was elected officials, no matter
37:24
Speaker 1: how high their position, should be held accountable for criminal conduct.
37:28
Speaker 1: The rule of law matters. Every bit of that is
37:30
Speaker 1: absolutely right. And with Hillary Clinton, you saw a repeated
37:34
Speaker 1: pattern of criminal behavior. And you also saw a repeated
37:39
Speaker 1: pattern of the destruction of evidence, including wiping hard drives,
37:43
Speaker 1: including using hammers to smash cell phones to destroy the evidence.
37:48
Speaker 1: By the way, as a legal matter, if you destroy evidence,
37:53
Speaker 1: you are entitled to presume that that is because the
37:56
Speaker 1: evidence would have implicated you in a crime. In this instance,
38:01
Speaker 1: the alleged crime that Alvin Bragg is bringing of a
38:04
Speaker 1: book keeping error is number one trivial, number two past
38:08
Speaker 1: the statute of limitations, and number three obviously pretextual to
38:15
Speaker 1: say the rule of law matters. Look, there's a concommit
38:17
Speaker 1: and aspect to it, which is, when you are prosecuting
38:23
Speaker 1: a government official, particularly a government official of the opposing party,
38:28
Speaker 1: there is an obligation that you have a standard that
38:32
Speaker 1: this really mattered, that this be a real and significant violation,
38:36
Speaker 1: that it not be some tikie tack. Aha. I got
38:39
Speaker 1: video of you going fifty six miles an hour and
38:41
Speaker 1: a fifty five we're coming to put you away. That
38:46
Speaker 1: principle is absolutely true, and listen. I'm not advocating that
38:51
Speaker 1: Biden be prosecuted for tikie tack irrelevant issues. I'm interested
38:56
Speaker 1: in whether he was engaged in actual corruption with the
39:01
Speaker 1: government of the Chinese Communist government that was enriching himself
39:05
Speaker 1: and his family to the tune of millions of dollars.
39:07
Speaker 1: That's classic public corruption. It is significant, it is consequential,
39:13
Speaker 1: and the corporate media and the Democrats desperately want to
39:16
Speaker 1: avoid any inquiry to that. I don't expect the DOJ
39:19
Speaker 1: to get into it. I do expect the House of
39:22
Speaker 1: Representatives to continue to press forward with oversight and make
39:26
Speaker 1: those facts public and decided if someone's going to try
39:29
Speaker 1: to troll you, they should at least read the whole
39:30
Speaker 1: Twitter thread before they do it. Public service announcement there,
39:34
Speaker 1: you know. Oddly enough, trolls are rarely known for their
39:38
Speaker 1: diligence and attention to detail. Yeah, I want to talk
39:41
Speaker 1: about Americus real quick. The border. It's a really important issue.
39:45
Speaker 1: You had a bunch of back and forth with Americus
39:47
Speaker 1: when he was testifying recently, we've talked about in the pot.
39:49
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Speaker 1: chuckhoq dot com Center. Let's talk about what's been happening
40:45
Speaker 1: with my artist of the border. You talk to him
40:48
Speaker 1: about what was going out the border. It's now becoming,
40:51
Speaker 1: I think a political liability for the Biden administration when
40:55
Speaker 1: you see the media asking questions that they refuse to answer.
40:59
Speaker 1: One of those happened on sixty minutes, and I won't
41:01
Speaker 1: people to see what was said to take a look.
41:03
Speaker 1: The chief of the Border Patrol Role Ortiz, testified with
41:06
Speaker 1: poor Congress that some areas of the border are in
41:08
Speaker 1: a crisis situation. Do you agree? I think that we
41:12
Speaker 1: face a very serious challenge in certain parts of the border.
41:16
Speaker 1: Do you view what's happening right now and the border
41:18
Speaker 1: is a crisis? I view it as a significant challenge.
41:21
Speaker 1: Why won't you say the word crisis? You know what?
41:23
Speaker 1: Because I have tremendous faith in the people of the
41:26
Speaker 1: Department of Homeland Security, and a crisis speaks to me
41:31
Speaker 1: of a withdrawal from our mission. And we are only
41:36
Speaker 1: putting more force and more energy into it. I don't
41:39
Speaker 1: believe him. I think you would probably agree that. I
41:41
Speaker 1: also think at some point you just look like an
41:43
Speaker 1: idiot when you won't admit what everybody's watching. You know,
41:47
Speaker 1: we're looking at now over six million illegal immigrants have
41:49
Speaker 1: crossed under his watch. Under Joe Biden's presidency, It's the
41:52
Speaker 1: worst illegal immigration in our nation's history. We have had
41:56
Speaker 1: also massive spikes in the number of illegal grants dying
42:01
Speaker 1: on the border under his watch. We had the highest
42:04
Speaker 1: rate of drug overdoses last year in our nation's history.
42:07
Speaker 1: Over one hundred thousand Americans died of drug overdoses, the
42:11
Speaker 1: vast majority from Chinese fentinol flooding across the border. And
42:15
Speaker 1: he doesn't consider any of that a crisis. Look, what
42:18
Speaker 1: he's doing is obvious. It's political. He is engaging in
42:22
Speaker 1: political spin. Someone is giving him a talking point that
42:25
Speaker 1: if you say the word crisis, it's bad politics, and
42:29
Speaker 1: so he engages an absolute denial of reality. You know,
42:34
Speaker 1: it really was striking sixty minutes. Their cross examination is
42:38
Speaker 1: almost word for word the cross examination I did a
42:41
Speaker 1: week earlier in the Senate Judiciary Committee. Here, take a look,
42:45
Speaker 1: is there a crisis at our southern border. Senator, there
42:49
Speaker 1: is a very that's a yes or no. Is there
42:53
Speaker 1: a crisis? Senator, there's a very significant channel. I think
42:56
Speaker 1: your microphone is not on. There is a very significant
43:00
Speaker 1: challenge that we are face. Yes or no, there are
43:03
Speaker 1: a crisis. I believe I've addressed that question. So you're
43:05
Speaker 1: refusing to answer, center, there is a very significant challenge,
43:09
Speaker 1: and will you answer if there's a crisis. Therefore we
43:12
Speaker 1: are dedicating the resource. Okay, So you're refusing to answer.
43:15
Speaker 1: It reminds me of my kids arguing with Siri when
43:17
Speaker 1: they're trying to get Siri to do something for them.
43:19
Speaker 1: He refused five times, so five times in a row.
43:24
Speaker 1: I ask him, as there are a crisis, now no,
43:26
Speaker 1: he won't say no yeah, and he won't say yes yeah.
43:31
Speaker 1: When you ask is there a crisis, he says there's
43:33
Speaker 1: a significant challenge. It was clear some little pip squeak
43:36
Speaker 1: political staff or gave a talking point when everyone asks
43:39
Speaker 1: a crisis, say there's a significant challenge. I think it's
43:43
Speaker 1: a mistake not to answer questions. He's a horrible witness,
43:49
Speaker 1: but it says something that even the press sixty minutes.
43:52
Speaker 1: I mean, I mean to see sixty minutes, laughing, saying
43:55
Speaker 1: why would you admit it's a crisis like Look later
43:58
Speaker 1: in my questioning is as you know, I got very
44:00
Speaker 1: angry with Mayorcas, and I am very angry with Mayorcas
44:03
Speaker 1: because for me this is personal. Look, I represent thirty
44:07
Speaker 1: million Texans. I'm down on the border. I see the
44:10
Speaker 1: people in South Texas that are suffering. I've seen the
44:13
Speaker 1: children who are physically assaulted. I've seen the women who've
44:16
Speaker 1: been raped. I've seen the human carnage. I've seen dead
44:21
Speaker 1: bodies floating in the rio. Grand the wristbands that you
44:24
Speaker 1: showed at the hearing the other week, which he didn't
44:26
Speaker 1: know what they were, yeah, I have to say in
44:28
Speaker 1: the entire hearing, that was the moment that stunned me
44:31
Speaker 1: the most. When I put up the wristbands. That wasn't
44:34
Speaker 1: meant to be a gotcha question. I was going to
44:36
Speaker 1: ask him about how tragic it was that the cartels
44:43
Speaker 1: are putting color coded wristbands on the wrists of almost
44:46
Speaker 1: every illegal immigrant to correspond to how many thousands of
44:49
Speaker 1: dollars they owe. That they treat them like human cattle.
44:51
Speaker 1: They treat them like cargo. They trapped the teenage boys
44:55
Speaker 1: and working for the drug dealers and cities across America
44:58
Speaker 1: they trapped the teenage girls and sex slavery. All of
45:01
Speaker 1: that is horrific, which I intended to ask him about,
45:05
Speaker 1: but I was stunned when he said, I don't know
45:07
Speaker 1: what those risk bands are like you have literally not
45:12
Speaker 1: even pretended to do your job. If that's the case,
45:14
Speaker 1: because it means when you stand on the banks of
45:17
Speaker 1: the Rio Grand you see them covering the grass, You
45:21
Speaker 1: look down and just see hundreds, you see thousands of them.
45:24
Speaker 1: You see little ones that are clearly on little kids,
45:26
Speaker 1: that are on four or five six year old kids.
45:30
Speaker 1: When you talk to border patrol agents. What it means
45:32
Speaker 1: if he was telling the truth, if he wasn't lying.
45:34
Speaker 1: I don't know if he was lying when he said
45:36
Speaker 1: he didn't know what those were, But if he was
45:37
Speaker 1: telling the truth, it means he hasn't bothered in two
45:40
Speaker 1: years on the job to sit down with his agents
45:42
Speaker 1: say hey, what's happening? And I got to say his
45:44
Speaker 1: defense in sixty minutes. Well, I won't say it's a
45:47
Speaker 1: crisis because it's I believe in in my agents. What
45:52
Speaker 1: a steaming pile of crap. I gotta tell you, his
45:55
Speaker 1: agents don't believe in him. I talk to his agents,
45:58
Speaker 1: They'll all tell you it's a crisis. Every one of
46:00
Speaker 1: them will tell you it's a crisis, and it's a
46:03
Speaker 1: crisis because of him, and it's a crisis because of
46:06
Speaker 1: Joe Biden. I'm going to make a prediction within six months,
46:12
Speaker 1: may Orchis will be out of his job. Really, I
46:15
Speaker 1: don't know if he'll resign or if Biden will fire him,
46:19
Speaker 1: but I think the Democrats have decided to make Mayorcis
46:23
Speaker 1: the scapegoat, even sending him out on sixty minutes. And
46:26
Speaker 1: it looks like the media is clearly kind of starting
46:29
Speaker 1: to become done with him. And I want to show
46:31
Speaker 1: this last clip because it proves that point. Look, but
46:34
Speaker 1: the DHS estimates another six hundred thousand people evaded agents
46:39
Speaker 1: and entered the US illegally, the highest number in over
46:43
Speaker 1: a decade. What the American people see is a border
46:47
Speaker 1: that looks to be chaotic, that looks to be porous. Well,
46:51
Speaker 1: let's I mean, the number of people that are arriving
46:55
Speaker 1: at our border is at an extraordinary height, There's no
47:00
Speaker 1: question about that. But that is not unique to the
47:03
Speaker 1: southern border. Of the United States. There is a tremendous
47:07
Speaker 1: amount of movement throughout the hemisphere and in fact throughout
47:11
Speaker 1: the world. The fact that even sixty minutes would show
47:13
Speaker 1: those images tells you that the tide is turning. But
47:16
Speaker 1: then also the fact that he's got such a terrible
47:18
Speaker 1: response to their question with video evidence tells you something else. Well, look,
47:23
Speaker 1: it's the talking point of the Democrats. We saw this
47:25
Speaker 1: at the hearing with Mayorchis and Judiciary where they also
47:28
Speaker 1: this is not Biden's fault. There was illegal immigration before Biden,
47:31
Speaker 1: and it's a problem elsewhere in the world. It's all
47:33
Speaker 1: part of It's not our fault, not our fault. We
47:35
Speaker 1: didn't do anything wrong except for one very inconvenient fact.
47:41
Speaker 1: In twenty twenty, the last year of Trump's presidency, we
47:45
Speaker 1: had the lowest rate of illegal immigration in forty five years.
47:49
Speaker 1: The instant Joe Biden became president, the rates skyrocketed that week, Yeah, skyrocketed.
47:58
Speaker 1: We now have the highest rate ever recorded. We went
48:01
Speaker 1: from the lowest rate in forty five years to the
48:03
Speaker 1: highest rate ever recorded. We went instantaneously because of Joe
48:07
Speaker 1: Biden and Alhandro, may Orcus's decisions and I told you
48:12
Speaker 1: the moment at the Judiciary hearing when I really realized, Wow,
48:16
Speaker 1: the Democrats have decided they found their scapegoat, and he's
48:19
Speaker 1: a bald Cuban in the cabinet. Which is when may
48:23
Speaker 1: Orcus was getting pummeled by me and he looked to
48:27
Speaker 1: Dick Durban, the chairman of the committee, and said, mister chairman,
48:29
Speaker 1: will you help me? And Durban I've spent eleven years
48:32
Speaker 1: tangling with Durban. He loves to argue with me. I
48:35
Speaker 1: actually love to argue with them. We have been in
48:38
Speaker 1: there pounding on each other many times. He just looked
48:42
Speaker 1: and kind of shrugged and was like, didn't say a word,
48:45
Speaker 1: and I was like, start what you were expecting it? Durbin?
48:49
Speaker 1: All right? If it had been Merrick Garland, who done
48:52
Speaker 1: the exact same thing, Durban would have jumped in and
48:55
Speaker 1: started arguing with me, which is what he always does. There.
48:58
Speaker 1: You can google and find a dozen videos of Durban
49:00
Speaker 1: jumping in and arguing with me when I'm questioning a
49:03
Speaker 1: witness and it's a Democrat witness, a Biden cabinet member
49:06
Speaker 1: or Obama cabinet member, and they're taking on water. It's
49:10
Speaker 1: not going well for them. Durban like clockwork will jump
49:14
Speaker 1: in and try to protect them, and the fact that
49:17
Speaker 1: he just kind of shrugged and it's like nope, you're
49:19
Speaker 1: on your own, buddy. It's said to me, Wow, Okay,
49:23
Speaker 1: they've made a decision. He's their guy. This is a problem,
49:26
Speaker 1: and he's the fall guy. Within six months, I think
49:30
Speaker 1: may Orcus is gone. It's gonna be a big week
49:32
Speaker 1: in political history. It's gonna be very interesting to see
49:35
Speaker 1: what happens, how this plays out in New York. I
49:37
Speaker 1: can promise you this. We will be covering it on Verdict,
49:40
Speaker 1: So make sure that subscribe button, hit that auto download button.
49:43
Speaker 1: Remember if you're watching this, we do two audio only versions,
49:47
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49:50
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49:55
Speaker 1: of it all this week. We even did a podcast
49:57
Speaker 1: on Thursday night, so that's Friday morning, like two in
49:59
Speaker 1: them morning. Now this week when all this hits, so
50:02
Speaker 1: we will be doing this for you. And subscribe on
50:05
Speaker 1: YouTube too, So subscribe to the audio podcast but also
50:08
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50:10
Speaker 1: get the audios three times a week BINGO, So we'll
50:12
Speaker 1: see you guys on our video and audio all week long.
50:16
Speaker 1: We'll see you then, Thanks for watching and listening as always,