1 00:00:00,080 --> 00:00:03,320 Speaker 1: Welcome to today's edition of the Clay Travis and buck 2 00:00:03,360 --> 00:00:08,080 Speaker 1: Sexton Show podcast. Welcome back in Clay Travis buck Sexton Show. 3 00:00:08,200 --> 00:00:12,880 Speaker 1: We are reacting to, not surprisingly, the historic indictment of 4 00:00:13,000 --> 00:00:15,920 Speaker 1: Donald Trump by New York City District Attorney Alvin Bragg. 5 00:00:16,120 --> 00:00:18,800 Speaker 1: Encourage you to go subscribe to the podcast. If you do, 6 00:00:19,600 --> 00:00:21,880 Speaker 1: you'll be able to go back over the discussion that 7 00:00:21,920 --> 00:00:26,920 Speaker 1: we had with Andy McCarthy at twelve thirty Eastern discussing 8 00:00:27,000 --> 00:00:30,120 Speaker 1: some of the legalities with a former Southern District of 9 00:00:30,240 --> 00:00:34,080 Speaker 1: New York District attorney who was an expert in the 10 00:00:34,280 --> 00:00:37,400 Speaker 1: law of well, it's federal law versus state law, but 11 00:00:37,520 --> 00:00:41,800 Speaker 1: still a lot of the procedural posture is very much 12 00:00:41,880 --> 00:00:47,199 Speaker 1: the same in the court rooms there now. Eight hundred 13 00:00:47,320 --> 00:00:50,360 Speaker 1: two eight two two eight eight two. I'm going to 14 00:00:50,479 --> 00:00:55,320 Speaker 1: encourage you, guys, if you have questions smart not opinions, 15 00:00:55,680 --> 00:00:59,320 Speaker 1: smart questions that might have arisen to you as a 16 00:00:59,360 --> 00:01:02,920 Speaker 1: part of what you have read or seen surrounding the prosecution, 17 00:01:03,000 --> 00:01:05,759 Speaker 1: we'd love to hear from you. Eight hundred two eight 18 00:01:05,840 --> 00:01:08,800 Speaker 1: to two eight eight two. When I say not opinions, 19 00:01:08,920 --> 00:01:11,560 Speaker 1: we all have really strong opinions on this, and we're 20 00:01:11,560 --> 00:01:13,680 Speaker 1: going to discuss that on the show. But I'm more 21 00:01:13,800 --> 00:01:16,919 Speaker 1: interested in intelligent questions, like Buck, we had a caller 22 00:01:17,560 --> 00:01:23,319 Speaker 1: who was fantastic talking about the Atlanta area investigation. One 23 00:01:23,360 --> 00:01:26,440 Speaker 1: of our callers said, well, could Brian Kemp come out 24 00:01:26,480 --> 00:01:30,760 Speaker 1: as the governor and offer a pardon to Trump? And 25 00:01:30,800 --> 00:01:35,399 Speaker 1: we assume sure, but turns out no, George, there's a power. 26 00:01:35,520 --> 00:01:39,400 Speaker 1: Audience was a part. Yeah, I learned something. Three states 27 00:01:39,440 --> 00:01:41,480 Speaker 1: I think you said where the governor does not have 28 00:01:41,520 --> 00:01:44,560 Speaker 1: the ability to pardon for state offenses. In Georgia is 29 00:01:44,600 --> 00:01:47,880 Speaker 1: one of them. I haven't heard that discussed anywhere. It's 30 00:01:47,880 --> 00:01:51,560 Speaker 1: a smart question, smart analysis that came through you guys. 31 00:01:51,600 --> 00:01:53,760 Speaker 1: So that's what I'm asking for. Eight hundred two two 32 00:01:54,120 --> 00:01:57,120 Speaker 1: two eight eight two. Smart questions that can lead to 33 00:01:57,280 --> 00:02:00,560 Speaker 1: more educated population, lead us to play since we might 34 00:02:00,560 --> 00:02:03,200 Speaker 1: not think of otherwise. So this is me, as I 35 00:02:03,280 --> 00:02:06,160 Speaker 1: like to say, putting my lawyer hat on here. Buck, 36 00:02:07,160 --> 00:02:13,480 Speaker 1: I read this this ridiculous indictment as soon as it 37 00:02:13,520 --> 00:02:16,840 Speaker 1: came down and was released yesterday afternoon. That was after 38 00:02:16,919 --> 00:02:20,320 Speaker 1: we went off the air, And if you listen, Buck, 39 00:02:20,400 --> 00:02:24,160 Speaker 1: you know, I said, there has to be something that 40 00:02:24,240 --> 00:02:28,280 Speaker 1: he is holding back because all of the reporting so 41 00:02:28,360 --> 00:02:32,800 Speaker 1: far that effectively he's going to roll out the first 42 00:02:32,880 --> 00:02:37,160 Speaker 1: ever indictment of a president, former president, leading presidential candidate 43 00:02:37,160 --> 00:02:40,040 Speaker 1: in our nation's two hundred and forty year history. I 44 00:02:40,080 --> 00:02:42,600 Speaker 1: couldn't believe that it was going to be over porn 45 00:02:42,680 --> 00:02:46,240 Speaker 1: star payments, and that he was going to for an 46 00:02:46,360 --> 00:02:49,640 Speaker 1: NDA that she violated, and that he was going to 47 00:02:49,760 --> 00:02:52,600 Speaker 1: charge for every single payment that was made and try 48 00:02:52,639 --> 00:02:56,040 Speaker 1: to trump this up into a what eventually ended up 49 00:02:56,080 --> 00:02:59,560 Speaker 1: being a thirty four count indictment. I just couldn't believe 50 00:02:59,680 --> 00:03:05,040 Speaker 1: that was the entire substance of his case. And so 51 00:03:05,280 --> 00:03:08,240 Speaker 1: what I want everybody to think what it is about 52 00:03:08,240 --> 00:03:14,920 Speaker 1: this at all? That Stormy Daniels tried to sue Trump 53 00:03:15,080 --> 00:03:20,040 Speaker 1: for defamation and Trump won legal fees, yeah, from one, 54 00:03:20,160 --> 00:03:23,680 Speaker 1: and she had to pay his legal fees, including more 55 00:03:23,760 --> 00:03:26,760 Speaker 1: legal fees that were announced yesterday I believe one hundred 56 00:03:26,800 --> 00:03:29,839 Speaker 1: and twenty one thousand dollars, and now she owes him 57 00:03:29,919 --> 00:03:32,840 Speaker 1: over five hundred thousand dollars in legal fee payments. I 58 00:03:32,840 --> 00:03:36,760 Speaker 1: also think it's worth noting here she tried to extort 59 00:03:36,920 --> 00:03:44,640 Speaker 1: Trump over this alleged sexual relationship for five years. Now. Again, 60 00:03:44,800 --> 00:03:46,560 Speaker 1: I don't care I've said this for a long time. 61 00:03:46,840 --> 00:03:51,360 Speaker 1: I don't care about the private lives of presidents or 62 00:03:51,400 --> 00:03:55,400 Speaker 1: senators or governors if they're really good at doing their job. 63 00:03:55,600 --> 00:03:58,920 Speaker 1: I think that this is a nasty attack on Trump, 64 00:03:58,960 --> 00:04:04,720 Speaker 1: that's salacious, indeed, But five years she tried to make 65 00:04:04,800 --> 00:04:08,520 Speaker 1: money off the fact that they had an alleged consensual 66 00:04:08,640 --> 00:04:11,560 Speaker 1: sexual encounter that was a one time thing. Some people 67 00:04:11,600 --> 00:04:13,960 Speaker 1: say it was an affair. I think it's worth noting 68 00:04:14,000 --> 00:04:16,520 Speaker 1: this is basically not even a one night stand. It's 69 00:04:16,520 --> 00:04:18,960 Speaker 1: like a ten minute stand, right Like, this is not 70 00:04:19,080 --> 00:04:22,919 Speaker 1: a substantial relationship between the two of them. But if 71 00:04:22,960 --> 00:04:25,839 Speaker 1: it occurred, and Trump, by the way, has been consistent 72 00:04:25,880 --> 00:04:29,960 Speaker 1: in denying that it occurred, if it occurred, she spent 73 00:04:30,040 --> 00:04:33,400 Speaker 1: five years, basically, let's be honest, trying to be a 74 00:04:33,400 --> 00:04:38,400 Speaker 1: hooker and get paid for this. I mean, I think 75 00:04:38,480 --> 00:04:42,920 Speaker 1: it is shameful now on this front, on this legal 76 00:04:43,200 --> 00:04:48,920 Speaker 1: situation in general, Alvin Bragg I think has given a 77 00:04:49,000 --> 00:04:56,080 Speaker 1: monster gift to Donald Trump because this indictment is such balderdash. 78 00:04:56,560 --> 00:05:02,440 Speaker 1: It is such refuse that Trump can say this is 79 00:05:02,680 --> 00:05:06,839 Speaker 1: legally a direct political attack, and I think it's almost 80 00:05:06,839 --> 00:05:09,920 Speaker 1: impossible for anybody else to argue, by which I mean 81 00:05:10,760 --> 00:05:14,640 Speaker 1: no way on Earth these charges would be brought against 82 00:05:14,720 --> 00:05:19,320 Speaker 1: anybody other than a political adversary of a high level. Again, 83 00:05:19,360 --> 00:05:21,880 Speaker 1: there's a two year statute of limitations on this as 84 00:05:21,920 --> 00:05:26,240 Speaker 1: a misdemeanor. Bragg has dropped over half of all felony 85 00:05:26,440 --> 00:05:31,039 Speaker 1: charges to misdemeanors since he came into office. Here, he's 86 00:05:31,080 --> 00:05:34,160 Speaker 1: doing the exact opposite. He's been incredibly soft on crime. 87 00:05:34,480 --> 00:05:37,599 Speaker 1: He's trying to elevate a misdemeanor to a felony to 88 00:05:37,760 --> 00:05:40,839 Speaker 1: avoid the statute of limitations which has run out on 89 00:05:40,960 --> 00:05:44,960 Speaker 1: the misdemeanor. And it should be noted that every you know, 90 00:05:45,080 --> 00:05:48,320 Speaker 1: Bragg came into office. I remember this. I was living 91 00:05:48,320 --> 00:05:49,920 Speaker 1: in New York at the time, so it really caused 92 00:05:49,960 --> 00:05:53,960 Speaker 1: an uproar and his guidance to the staff. Remember Andy 93 00:05:54,040 --> 00:05:59,040 Speaker 1: was saying that the district attorney overseas, there's there's lots 94 00:05:59,040 --> 00:06:02,320 Speaker 1: of Ada's had friends who have been you know, assistant 95 00:06:02,320 --> 00:06:05,080 Speaker 1: disc attorneys, and so he's at the very top of 96 00:06:05,080 --> 00:06:08,200 Speaker 1: this pyramid and he's supposed to be overseeing. So he'll 97 00:06:08,200 --> 00:06:11,240 Speaker 1: give guidance. They'll be guidance memos about hey, guys, here's 98 00:06:11,279 --> 00:06:13,560 Speaker 1: what we're going for you know, public safety focus or 99 00:06:13,560 --> 00:06:15,840 Speaker 1: you know, any kind of you know, sexual crimes. We're 100 00:06:15,839 --> 00:06:17,960 Speaker 1: really going to make an example of the perpetrators or 101 00:06:18,000 --> 00:06:21,760 Speaker 1: whatever it may be. Right. His initial guidance was, Hey, 102 00:06:21,839 --> 00:06:25,359 Speaker 1: we really just need to stop prosecuting the following felonies. 103 00:06:25,920 --> 00:06:27,640 Speaker 1: We need to we need to stop, you know, taking 104 00:06:27,640 --> 00:06:31,799 Speaker 1: so seriously these crimes that have real victims and real 105 00:06:31,839 --> 00:06:35,719 Speaker 1: societal costs and make people, you know, for every crime, 106 00:06:35,720 --> 00:06:38,000 Speaker 1: for every murder, everyone has to remember there are other 107 00:06:38,040 --> 00:06:41,520 Speaker 1: people live on that block, walk down that street, their 108 00:06:41,560 --> 00:06:45,600 Speaker 1: business is there. There is an amplification effect of perception 109 00:06:46,120 --> 00:06:49,200 Speaker 1: that disorder, crime and anarchic creates. That's a cost, a 110 00:06:49,240 --> 00:06:52,760 Speaker 1: psychic cost or psychological cost on everybody. I just bring 111 00:06:52,800 --> 00:06:54,680 Speaker 1: this up because Brad came in and was like, we're 112 00:06:54,680 --> 00:06:56,960 Speaker 1: not going to force the crimes as you say in 113 00:06:57,000 --> 00:07:00,560 Speaker 1: this instance. Not only is this absurd him, we talked 114 00:07:00,520 --> 00:07:02,680 Speaker 1: to Andy about all the reasons why, and you're going 115 00:07:02,680 --> 00:07:05,640 Speaker 1: into more of the reasons why, but it is a 116 00:07:05,839 --> 00:07:09,880 Speaker 1: It is a symbol or a signal to anyone who 117 00:07:09,960 --> 00:07:12,720 Speaker 1: is in New York City that if you're affiliated with 118 00:07:12,800 --> 00:07:17,480 Speaker 1: Trump or the right or conservatism, this District Attorney's office 119 00:07:17,680 --> 00:07:21,720 Speaker 1: will not treat you fairly, you know. I mean that's 120 00:07:21,800 --> 00:07:24,920 Speaker 1: really And if anyone asked me, Buck, is that really 121 00:07:24,920 --> 00:07:27,160 Speaker 1: a fair I would say absolutely. If I was arrested 122 00:07:27,200 --> 00:07:29,080 Speaker 1: an accused of a crime in New York City, I 123 00:07:29,120 --> 00:07:32,440 Speaker 1: would be up the proverbial creek because they would not 124 00:07:32,520 --> 00:07:36,160 Speaker 1: treat me fairly. I think that's one hundred percent right. 125 00:07:36,200 --> 00:07:39,440 Speaker 1: And I think it's important to recognize again he's being 126 00:07:39,520 --> 00:07:44,840 Speaker 1: extremely lenient on violent criminals and he's being extremely aggressive 127 00:07:44,880 --> 00:07:49,200 Speaker 1: on Trump. I believe that. And again, in order to 128 00:07:49,240 --> 00:07:52,920 Speaker 1: get under the statute of limitations issue on the two 129 00:07:53,000 --> 00:07:57,160 Speaker 1: year misdemeanor, he's trying. It's a five year statute of limitations. 130 00:07:57,160 --> 00:07:59,520 Speaker 1: He's trying to get under the five year, but he 131 00:07:59,600 --> 00:08:02,200 Speaker 1: has to elevate it to a felony. And what he 132 00:08:02,320 --> 00:08:05,600 Speaker 1: still has not done in this indictment, and even in 133 00:08:05,760 --> 00:08:11,000 Speaker 1: his answering of questions yesterday, he didn't really explain what 134 00:08:11,320 --> 00:08:16,040 Speaker 1: is the felony that second crime that can elevate this 135 00:08:16,120 --> 00:08:20,640 Speaker 1: book keeping issue to a felony. And it seems like 136 00:08:20,720 --> 00:08:23,600 Speaker 1: he's still kind of amorphous and floating on what that 137 00:08:23,720 --> 00:08:25,600 Speaker 1: logic is going to be, and it's either going to 138 00:08:25,640 --> 00:08:31,040 Speaker 1: be a New York state election law a federal election violation, 139 00:08:31,560 --> 00:08:33,880 Speaker 1: which is a weird combo. I don't think you could 140 00:08:33,920 --> 00:08:36,760 Speaker 1: even do it, frankly, a state law pegged to a 141 00:08:36,800 --> 00:08:39,360 Speaker 1: federal law. And again that's complicated, and that's why I'm 142 00:08:39,400 --> 00:08:43,360 Speaker 1: opening up the phone lines to questions. Or he's trying 143 00:08:43,440 --> 00:08:45,960 Speaker 1: to somehow argue that there was tax evasion. But what 144 00:08:46,080 --> 00:08:48,840 Speaker 1: I circle back to, at its essence, here buck is 145 00:08:49,080 --> 00:08:52,480 Speaker 1: and I would just keep hammering this home. Where is 146 00:08:52,520 --> 00:08:56,880 Speaker 1: the victim? Where is the victim anywhere? Even in the 147 00:08:56,920 --> 00:09:03,000 Speaker 1: tax reporting issues, it appears Irwin himself even argues I 148 00:09:03,120 --> 00:09:06,080 Speaker 1: paid all my taxes fairly, like he's not even disputing that. 149 00:09:06,559 --> 00:09:09,480 Speaker 1: And then the idea that you could combine a bookkeeping 150 00:09:09,600 --> 00:09:13,760 Speaker 1: flaw with a federal election law, a state violation with 151 00:09:13,800 --> 00:09:17,719 Speaker 1: a federal law, is flagrantly it seems to me unconstitutional 152 00:09:17,760 --> 00:09:21,120 Speaker 1: and impermissible. I think this whole thing is dead on arrival. 153 00:09:21,200 --> 00:09:23,439 Speaker 1: I really you had if you had a bunch of 154 00:09:24,120 --> 00:09:27,600 Speaker 1: law students, or honestly a bunch of seasoned prosecutors sit 155 00:09:27,679 --> 00:09:30,200 Speaker 1: together in a room and try to come up with 156 00:09:30,760 --> 00:09:35,240 Speaker 1: the flimsiest pretext, imagine purposefully right like, hey, guys, here's 157 00:09:35,240 --> 00:09:39,720 Speaker 1: your assignment, come up with the most absurd, opaque charge 158 00:09:39,760 --> 00:09:43,800 Speaker 1: that you could possibly forward against really anybody, but certainly 159 00:09:44,000 --> 00:09:47,360 Speaker 1: a current presidential candidate. I don't think you do better 160 00:09:47,360 --> 00:09:49,600 Speaker 1: than this. I think that this is at a level 161 00:09:50,240 --> 00:09:53,120 Speaker 1: of farce, and I really do believe that that's how 162 00:09:53,120 --> 00:09:54,640 Speaker 1: we have to think of it. That it would be 163 00:09:54,679 --> 00:09:56,800 Speaker 1: hard to compete with this if you are trying to 164 00:09:56,840 --> 00:10:00,800 Speaker 1: be farcical. And to your point about the victimhood, I 165 00:10:00,880 --> 00:10:04,600 Speaker 1: understand I know this from contacts in the District Attorney's 166 00:10:04,679 --> 00:10:07,360 Speaker 1: office that one of the things that they're always dealing 167 00:10:07,400 --> 00:10:11,040 Speaker 1: with is just the sheer volume and the resources they 168 00:10:11,040 --> 00:10:13,960 Speaker 1: have to bring against the sheer volume of cases. And 169 00:10:14,080 --> 00:10:17,520 Speaker 1: that's why the victim issue is really important. Someone gets 170 00:10:17,559 --> 00:10:20,280 Speaker 1: stabbed in the shoulder, you know, because walking down the street, 171 00:10:21,160 --> 00:10:22,800 Speaker 1: you got to do something about this, right there's a 172 00:10:22,800 --> 00:10:24,920 Speaker 1: person who will show up, who was terrified, who has 173 00:10:24,920 --> 00:10:28,240 Speaker 1: harmed their family, etc. And so you devote resources to 174 00:10:28,320 --> 00:10:32,480 Speaker 1: it even in serious situations. They're doing triage based on 175 00:10:32,520 --> 00:10:35,880 Speaker 1: the man hours that this District Attorney's office has, and 176 00:10:36,080 --> 00:10:40,160 Speaker 1: also the bureaucratic hurdles that all these anti cop pro 177 00:10:40,240 --> 00:10:44,720 Speaker 1: criminal you know, nonprofit groups, etc. Are always pushing, so 178 00:10:44,760 --> 00:10:47,040 Speaker 1: they make the burden on the prosecutors so high that 179 00:10:47,040 --> 00:10:51,599 Speaker 1: they're always doing triage, they're always essentially using prosecutorial discretion. 180 00:10:51,920 --> 00:10:54,840 Speaker 1: Push not by justice, but just by who do we 181 00:10:54,920 --> 00:10:58,559 Speaker 1: have to assign to this case? And Clay in that environment, 182 00:10:59,120 --> 00:11:02,760 Speaker 1: think of the time, the effort, the resources that that 183 00:11:02,800 --> 00:11:05,920 Speaker 1: District Attorney's office is going to put on this case 184 00:11:06,160 --> 00:11:09,439 Speaker 1: with no victim and no crime. And in fact, it's 185 00:11:09,720 --> 00:11:12,040 Speaker 1: if you wanted to say, who is the victim here? 186 00:11:12,280 --> 00:11:15,000 Speaker 1: And I haven't even heard anybody argue it was Donald Trump. 187 00:11:15,320 --> 00:11:17,880 Speaker 1: But it's Trump. I mean, I mean honestly, and I'm 188 00:11:17,920 --> 00:11:21,320 Speaker 1: not even talking about for these charges he and this 189 00:11:21,400 --> 00:11:24,640 Speaker 1: is important and I don't hear anybody saying it. Whatever 190 00:11:24,720 --> 00:11:27,720 Speaker 1: you think of Stormy Daniels or Karen McDougall or any 191 00:11:27,720 --> 00:11:32,440 Speaker 1: of these women, right, Trump paid Stormy Daniels a hundred 192 00:11:32,559 --> 00:11:37,920 Speaker 1: and thirty thousand dollars and she signed an NDA expressly 193 00:11:38,000 --> 00:11:41,640 Speaker 1: so she would not talk about this story. That's why 194 00:11:41,679 --> 00:11:45,319 Speaker 1: he paid his own money to her. And she talked 195 00:11:45,320 --> 00:11:49,640 Speaker 1: about the story anyway. So if anything, Trump is the 196 00:11:49,720 --> 00:11:53,440 Speaker 1: victim here of Stormy Daniels breaking their contractual agreement. Same 197 00:11:53,480 --> 00:11:58,320 Speaker 1: thing with Karen McDougall, and so the idea, if you 198 00:11:58,480 --> 00:12:01,600 Speaker 1: really are searching are civilly for who the victim is 199 00:12:01,679 --> 00:12:06,360 Speaker 1: in all of these scenarios, it's actually Trump. Now, you 200 00:12:06,360 --> 00:12:08,839 Speaker 1: can also argue, and I think this is fair. This 201 00:12:08,920 --> 00:12:11,280 Speaker 1: is part of the bull in a China shop attraction 202 00:12:11,520 --> 00:12:16,240 Speaker 1: and detraction or lack of attract attraction that Trump brings 203 00:12:16,240 --> 00:12:20,760 Speaker 1: to bear because he may have had relationships with this 204 00:12:20,840 --> 00:12:23,920 Speaker 1: porn star and with this playboy playmate. I don't think 205 00:12:23,960 --> 00:12:27,360 Speaker 1: that particularly surprises anybody. Guy's been married three times. He's 206 00:12:27,440 --> 00:12:31,560 Speaker 1: not exactly a steward of you know, I don't think 207 00:12:31,559 --> 00:12:33,360 Speaker 1: a lot of you would want to be married to 208 00:12:33,520 --> 00:12:38,080 Speaker 1: Trump necessarily, certainly not in his past. But he hasn't 209 00:12:38,080 --> 00:12:41,640 Speaker 1: done anything wrong here, and he's actually been the victim. 210 00:12:42,200 --> 00:12:46,320 Speaker 1: And if you are going I mean legally wrong, right, 211 00:12:46,360 --> 00:12:49,200 Speaker 1: morally wrong, we can have discussions about. But if you 212 00:12:49,240 --> 00:12:52,560 Speaker 1: are going to bring the very first charges in a 213 00:12:52,600 --> 00:12:55,280 Speaker 1: scenario like this in two hundred and forty years Buck, 214 00:12:56,200 --> 00:12:58,719 Speaker 1: this is where I say it is a shameful embarrassment 215 00:12:58,760 --> 00:13:00,439 Speaker 1: on the part of Alvin brad In the New York 216 00:13:00,440 --> 00:13:04,760 Speaker 1: District Attorneys that they would peg this change in precedent 217 00:13:04,800 --> 00:13:07,240 Speaker 1: of two hundred and forty years to this case. If 218 00:13:07,640 --> 00:13:11,680 Speaker 1: Donald Trump had gotten drunk and driven his mistress off 219 00:13:11,679 --> 00:13:14,760 Speaker 1: a bridge and then, out of sheer cowardice, left her 220 00:13:14,800 --> 00:13:17,360 Speaker 1: to slowly drown in the car while he went to 221 00:13:17,400 --> 00:13:20,680 Speaker 1: create an alibi for himself, I'd be like, I think 222 00:13:20,679 --> 00:13:23,720 Speaker 1: we need some charges here, folks. I'm sorry, but a 223 00:13:23,760 --> 00:13:27,960 Speaker 1: Democrat did that, Teddy Ted Kilby did, Yeah, not what 224 00:13:28,120 --> 00:13:30,480 Speaker 1: Donald Trump did. And even if you want to use 225 00:13:30,480 --> 00:13:34,000 Speaker 1: it in the context of modern presidential history or presidential 226 00:13:34,080 --> 00:13:38,400 Speaker 1: running mate history, what Bill Clinton, Richard Nixon, and Hillary 227 00:13:38,440 --> 00:13:43,360 Speaker 1: Clinton during her campaign have admittedly done is far more 228 00:13:43,440 --> 00:13:46,280 Speaker 1: of a criminal nature that directly impacts the saying that 229 00:13:46,360 --> 00:13:49,959 Speaker 1: he of our democracy than anything Trump did before he 230 00:13:50,000 --> 00:13:53,520 Speaker 1: was even a politician with porn stars Bill Clinton Light 231 00:13:53,600 --> 00:13:56,240 Speaker 1: under Oath, which was a felony full stuff. We all 232 00:13:56,240 --> 00:13:59,040 Speaker 1: know it. And what was the argument, Come on, it's 233 00:13:59,080 --> 00:14:01,520 Speaker 1: not a big deal. He's the president. Let's let it go. 234 00:14:02,080 --> 00:14:06,280 Speaker 1: We've gone from that on the Democrat side to this 235 00:14:06,320 --> 00:14:09,400 Speaker 1: is the This is the flimsiest legal case of any 236 00:14:09,440 --> 00:14:12,440 Speaker 1: stature I've ever seen against anybody. Honestly, it's it's a 237 00:14:12,480 --> 00:14:16,199 Speaker 1: total non case case. And this is what they're breaking 238 00:14:16,200 --> 00:14:18,520 Speaker 1: the presidel. But Clay, I actually have a theory about this. 239 00:14:18,920 --> 00:14:20,560 Speaker 1: I want Can I come back and share my theory. 240 00:14:20,760 --> 00:14:24,680 Speaker 1: I want the two eight eight two. By the way, 241 00:14:24,720 --> 00:14:27,840 Speaker 1: if you've got questions about this, smart questions, not just opinion. 242 00:14:28,040 --> 00:14:31,320 Speaker 1: I want to hear bucks theory. 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But Clay Travis and Buck Sexton show 269 00:15:49,640 --> 00:15:51,880 Speaker 1: team eight two eight two two and eight two on 270 00:15:51,920 --> 00:15:53,360 Speaker 1: those phone lines play and I want to take some 271 00:15:53,360 --> 00:15:55,880 Speaker 1: of your calls here in the back half of this hour. 272 00:15:56,320 --> 00:15:58,320 Speaker 1: I just want to say I had this this theory. 273 00:15:58,680 --> 00:16:01,800 Speaker 1: It's really about the timeline and the strategy together here 274 00:16:01,840 --> 00:16:04,240 Speaker 1: from the Democrats. So Clay was talking to Break. We're 275 00:16:04,240 --> 00:16:08,160 Speaker 1: going over how the next hearing is. You said, December fourth, Right, 276 00:16:08,200 --> 00:16:10,480 Speaker 1: that's the next Ember fourth is the next scheduled hearing 277 00:16:10,520 --> 00:16:13,560 Speaker 1: in the courtroom. So December four, that's a long time away. 278 00:16:13,600 --> 00:16:15,200 Speaker 1: You might think to yourself, well, maybe this stuff will 279 00:16:15,280 --> 00:16:17,920 Speaker 1: kind of fade and oh no, here's why I think 280 00:16:17,960 --> 00:16:20,760 Speaker 1: Bragg did this. Put aside our initial analysis of it, 281 00:16:20,800 --> 00:16:23,360 Speaker 1: which was that it's nothing but upside for him politically. 282 00:16:23,440 --> 00:16:25,800 Speaker 1: He's gonna get a million dollar book deal out of this, etc. 283 00:16:26,200 --> 00:16:29,760 Speaker 1: That's all baked in. We know that's true. Okay, The 284 00:16:29,880 --> 00:16:32,880 Speaker 1: threshold for this case is so absurd. It is now 285 00:16:32,960 --> 00:16:37,920 Speaker 1: such a low threshold to prosecute a presidential candidate that 286 00:16:38,080 --> 00:16:41,480 Speaker 1: it ups the pressure, in my mind on the other 287 00:16:41,560 --> 00:16:47,040 Speaker 1: investigations while also clearing them to bring their own indictments. Right, So, 288 00:16:47,120 --> 00:16:51,800 Speaker 1: if you are Willis the prosecutor in Fulton County, Georgia, 289 00:16:51,880 --> 00:16:55,400 Speaker 1: for example, Clay when she meets with her team now 290 00:16:55,440 --> 00:16:57,640 Speaker 1: and there's there people are saying that they're gonna bring 291 00:16:57,720 --> 00:17:00,640 Speaker 1: racketeering and conspiracy charges. You know what a lot of 292 00:17:00,640 --> 00:17:03,080 Speaker 1: people are going to say in that office, if they're 293 00:17:03,080 --> 00:17:06,399 Speaker 1: bringing this case in New York, our case is real, 294 00:17:06,560 --> 00:17:08,480 Speaker 1: They're going to say, or if you know this is 295 00:17:08,520 --> 00:17:10,800 Speaker 1: their belief, our case has got real meat to it, 296 00:17:10,800 --> 00:17:13,240 Speaker 1: It's got real substance. And then you know what happens. 297 00:17:13,760 --> 00:17:17,320 Speaker 1: The Special Council people get together and they say to themselves. 298 00:17:17,320 --> 00:17:19,920 Speaker 1: You know, Jack Smith, right and his team. They say, well, 299 00:17:20,359 --> 00:17:23,680 Speaker 1: I mean, we can't let the Espionage Act and January 300 00:17:23,680 --> 00:17:26,080 Speaker 1: sixth and all that stay on the side. Here, Clay, 301 00:17:26,440 --> 00:17:31,280 Speaker 1: they're coming at Trump with multiple criminal indictments in the 302 00:17:31,280 --> 00:17:34,920 Speaker 1: election year. I'm almost certain of it. And that's why 303 00:17:34,960 --> 00:17:37,640 Speaker 1: this one went first. I think you're right. I think 304 00:17:37,640 --> 00:17:39,639 Speaker 1: the challenge they're going to have is this one is 305 00:17:39,640 --> 00:17:43,200 Speaker 1: so weak. The first shot needs to be the best shot, 306 00:17:43,560 --> 00:17:45,600 Speaker 1: needs to be your kill shot. Oh, it's intriging. I 307 00:17:45,640 --> 00:17:47,800 Speaker 1: actually I think it's the other. I think it's that 308 00:17:47,920 --> 00:17:50,040 Speaker 1: this is the boiling frog in the pot. They're turning 309 00:17:50,040 --> 00:17:52,040 Speaker 1: it up slowly. People get used to it, they get 310 00:17:52,080 --> 00:17:53,760 Speaker 1: used to the change. I don't know, I see it 311 00:17:53,880 --> 00:17:55,959 Speaker 1: Differ'll talk about it when we come back. That's it's 312 00:17:56,040 --> 00:17:58,280 Speaker 1: it's a really interesting I don't disagree with you about 313 00:17:58,280 --> 00:18:00,360 Speaker 1: more charges coming. I think that's likely. Well, I think 314 00:18:00,359 --> 00:18:02,600 Speaker 1: Trump did based on his address, which will also talk about. 315 00:18:02,640 --> 00:18:05,400 Speaker 1: And we got some great calls coming. But in the meantime, 316 00:18:05,800 --> 00:18:07,840 Speaker 1: there's a lot of great ways you can stand up 317 00:18:07,880 --> 00:18:10,200 Speaker 1: to what's going on the country. One is by supporting 318 00:18:10,200 --> 00:18:13,440 Speaker 1: companies that stand for democracy and the rule of law. 319 00:18:14,200 --> 00:18:17,119 Speaker 1: If you also get some great slippers in the process. 320 00:18:17,280 --> 00:18:20,440 Speaker 1: What an unbelievable deal. And that's what you get right now, 321 00:18:20,440 --> 00:18:23,520 Speaker 1: twenty five dollars for the my slippers which are on 322 00:18:23,560 --> 00:18:26,800 Speaker 1: a massive closeout sale. You use the name Clay and Buck. 323 00:18:27,000 --> 00:18:29,400 Speaker 1: You'll get the all season slippers for a twenty five 324 00:18:29,440 --> 00:18:32,320 Speaker 1: dollars price. They usually cost one hundred and fifty dollars. 325 00:18:32,320 --> 00:18:36,080 Speaker 1: You're limited to ten pairs at checkout. My wife has 326 00:18:36,160 --> 00:18:40,120 Speaker 1: already gone and bought ten more pairs because she loves them, 327 00:18:40,160 --> 00:18:42,439 Speaker 1: giving them out to everybody, all her friends. You can 328 00:18:42,440 --> 00:18:45,679 Speaker 1: get hooked up to great birthday, great early Christmas gifts. 329 00:18:45,880 --> 00:18:47,879 Speaker 1: Go to my pillow dot com. Click on the radio 330 00:18:47,960 --> 00:18:50,480 Speaker 1: listeners square to grab a pair of the all season 331 00:18:50,600 --> 00:18:53,560 Speaker 1: slippers at this twenty five dollars price. Enter the promo 332 00:18:53,600 --> 00:18:56,240 Speaker 1: code Clay and Buck. You can also call eight hundred 333 00:18:56,440 --> 00:18:59,800 Speaker 1: seven to seven nine two thirty two sixty nine. Welcome 334 00:18:59,800 --> 00:19:02,639 Speaker 1: back in play, Travis but Sexton Show. We got a 335 00:19:02,640 --> 00:19:07,080 Speaker 1: bunch of good callers that I want to dive into Buck. 336 00:19:07,160 --> 00:19:10,040 Speaker 1: I understand, and I do think there's going to be charges. 337 00:19:10,080 --> 00:19:11,560 Speaker 1: As we were saying, as we go to break, I 338 00:19:11,600 --> 00:19:13,560 Speaker 1: do think that they're going to try to file charges 339 00:19:13,600 --> 00:19:16,480 Speaker 1: in Atlanta that will be a State of Georgia prosecution 340 00:19:16,600 --> 00:19:19,720 Speaker 1: relating to the Georgia case. I think that will happen. 341 00:19:20,160 --> 00:19:24,199 Speaker 1: Department of Justice is rushing. I still think it's going 342 00:19:24,240 --> 00:19:27,359 Speaker 1: to be so hard to get a classified document case 343 00:19:27,520 --> 00:19:31,440 Speaker 1: against Trump, given that Biden has his own classified documents. 344 00:19:31,840 --> 00:19:35,080 Speaker 1: But you know, it's obstruction that they're gonna go for. 345 00:19:35,400 --> 00:19:37,520 Speaker 1: It's not you know, it's it's just like, remember what 346 00:19:37,560 --> 00:19:39,920 Speaker 1: they did with Russia collusion. I think it's so instructive. 347 00:19:40,240 --> 00:19:43,280 Speaker 1: There was that switch from by the way, they used 348 00:19:43,280 --> 00:19:46,000 Speaker 1: this term collusion, which is actually for business practices. There's 349 00:19:46,040 --> 00:19:50,320 Speaker 1: nothing Conspiracy was what they conspiracy with Russia. They switched 350 00:19:50,359 --> 00:19:54,080 Speaker 1: to obstruction. That was always it was the cover up, right, 351 00:19:54,080 --> 00:19:56,720 Speaker 1: and that was for half of the Muller probe. And 352 00:19:56,880 --> 00:19:58,600 Speaker 1: you may be right because that seems to be the 353 00:19:58,600 --> 00:20:02,159 Speaker 1: direction they're going with the classified documents angle, is to 354 00:20:02,200 --> 00:20:04,760 Speaker 1: go with obstruction and they can try to stay well Biden, 355 00:20:05,240 --> 00:20:08,960 Speaker 1: he provided complete openness and he didn't try to hide anything. 356 00:20:08,960 --> 00:20:11,399 Speaker 1: Now one of Biden's top assistance, and this did not 357 00:20:11,440 --> 00:20:12,960 Speaker 1: get a lot of attention, but I do think it's 358 00:20:13,480 --> 00:20:19,439 Speaker 1: worth mentioning has now contradicted Biden's initial statement that these 359 00:20:19,480 --> 00:20:24,560 Speaker 1: documents were in a locked closet in his Chinatown office 360 00:20:24,720 --> 00:20:30,040 Speaker 1: in Washington, DC. So Biden still might not have told 361 00:20:30,080 --> 00:20:33,800 Speaker 1: the full truth about his own classified document scandal based 362 00:20:33,840 --> 00:20:37,000 Speaker 1: on his own staff and their testimony. So just put 363 00:20:37,000 --> 00:20:40,120 Speaker 1: a pen in that, because to your point, Buck, we're 364 00:20:40,160 --> 00:20:44,200 Speaker 1: not hearing any leaked information by and large from the 365 00:20:45,720 --> 00:20:49,480 Speaker 1: Biden side investigation classified documents. Meanwhile, it's like every day 366 00:20:49,880 --> 00:20:51,960 Speaker 1: New York Times or Washington Post. And I did think 367 00:20:52,000 --> 00:20:55,240 Speaker 1: Trump had a really good point. All of the leaks 368 00:20:55,320 --> 00:21:02,240 Speaker 1: from Alvin Bragg's office are direct felonies, So someone inside 369 00:21:02,240 --> 00:21:06,800 Speaker 1: of the District Attorney's office has been feloniously acting to 370 00:21:06,840 --> 00:21:10,720 Speaker 1: put out the information about this district attorney investigation. We 371 00:21:10,880 --> 00:21:13,840 Speaker 1: got a bunch of callers with a variety of perspectives. 372 00:21:14,160 --> 00:21:18,360 Speaker 1: Bobby in Texas, you've got a question for us, Yes, sir, 373 00:21:18,600 --> 00:21:21,040 Speaker 1: thank you for taking my call. I was just curious 374 00:21:21,040 --> 00:21:23,679 Speaker 1: that I haven't heard anybody talk about the fact that 375 00:21:24,000 --> 00:21:27,560 Speaker 1: Stormy Daniels is coming after Trump. I mean, is this 376 00:21:27,600 --> 00:21:30,679 Speaker 1: considered extortion? Like? How could this not be considered This 377 00:21:30,720 --> 00:21:34,840 Speaker 1: is a really interesting question because the reality as I've 378 00:21:34,840 --> 00:21:37,040 Speaker 1: seen at Clay, and you could speak to this as 379 00:21:37,080 --> 00:21:38,760 Speaker 1: somebody who might have been you know, could have been 380 00:21:38,840 --> 00:21:43,080 Speaker 1: involved as a lawyer in this is somehow in our system, 381 00:21:43,520 --> 00:21:46,919 Speaker 1: if you have a lawyer make the approach, and a 382 00:21:47,040 --> 00:21:50,800 Speaker 1: lawyer discusses the ins and outs of a situation, we 383 00:21:50,920 --> 00:21:55,639 Speaker 1: don't treat it as extortion to an extent. Michael Avanati, 384 00:21:55,680 --> 00:21:58,960 Speaker 1: if we all recall, did get nailed for trying to 385 00:21:59,000 --> 00:22:01,600 Speaker 1: extort Nike twenty Oh, we're gonna talk about Nike in 386 00:22:01,640 --> 00:22:03,600 Speaker 1: a little bit, by the way, something else to speak 387 00:22:03,640 --> 00:22:06,560 Speaker 1: about the Nike story. But he tried to extort for 388 00:22:06,560 --> 00:22:09,480 Speaker 1: twenty million dollars. It's it's claim, Am I Am I 389 00:22:09,520 --> 00:22:12,480 Speaker 1: wrong here? It's a little bit of a depends on 390 00:22:12,720 --> 00:22:15,240 Speaker 1: you know how it looks. It's it's a judgment, very 391 00:22:15,680 --> 00:22:19,439 Speaker 1: very much of a legal gray area. It's such a 392 00:22:19,520 --> 00:22:24,359 Speaker 1: fantastic question from Bobby because remember the record is, and 393 00:22:24,400 --> 00:22:27,200 Speaker 1: I talked about this a little bit earlier. Stormy Daniels 394 00:22:27,240 --> 00:22:31,240 Speaker 1: tried to get paid by Trump for five years in 395 00:22:31,640 --> 00:22:34,480 Speaker 1: or she was going to tell her story, and then 396 00:22:34,520 --> 00:22:39,200 Speaker 1: she finally got paid, and she still told her story, 397 00:22:39,280 --> 00:22:43,159 Speaker 1: which again violates the entire purpose of Trump ever paying 398 00:22:43,600 --> 00:22:46,320 Speaker 1: for this NDA, which is why I say ultimately Trump 399 00:22:46,400 --> 00:22:49,680 Speaker 1: is the victim here because he was forced to pay 400 00:22:50,119 --> 00:22:53,800 Speaker 1: to keep this story from going public allegedly, and then 401 00:22:53,840 --> 00:22:55,800 Speaker 1: the story still went public. So what did he pay for? 402 00:22:55,920 --> 00:22:59,199 Speaker 1: In fact, he's getting charged for the payment now and 403 00:22:59,440 --> 00:23:02,000 Speaker 1: stories out there obviously more public than it ever would 404 00:23:02,000 --> 00:23:04,440 Speaker 1: have been before. I think, if you want to say 405 00:23:04,520 --> 00:23:10,600 Speaker 1: anything here, it's that Trump miscalculated, and this story really 406 00:23:10,680 --> 00:23:14,679 Speaker 1: wouldn't have had much potency, at least compared to the 407 00:23:14,720 --> 00:23:17,280 Speaker 1: Access Hollywood tape, because I don't think anybody would have 408 00:23:17,280 --> 00:23:20,160 Speaker 1: been surprised that Trump slept with a porn star if 409 00:23:20,200 --> 00:23:24,879 Speaker 1: it were true. But that the idea. And here's a 410 00:23:24,920 --> 00:23:26,840 Speaker 1: good example. Buck. You may remember this. Do you remember 411 00:23:26,840 --> 00:23:30,040 Speaker 1: when David Letterman started off? I was just thinking about this. 412 00:23:30,440 --> 00:23:33,680 Speaker 1: He sent the screenplay. He was the husband of the 413 00:23:33,720 --> 00:23:35,760 Speaker 1: woman I believe that Letterman was having an affair with, 414 00:23:35,920 --> 00:23:39,400 Speaker 1: and he sent Letterman a screenplay about a big TV 415 00:23:39,560 --> 00:23:41,960 Speaker 1: host who had an affair, and he wanted Letterman to 416 00:23:42,119 --> 00:23:44,679 Speaker 1: buy the screenplay for ten million dollars. Right, Do I 417 00:23:44,720 --> 00:23:47,600 Speaker 1: have this right? Something? I don't remember the exact but basically, 418 00:23:48,000 --> 00:23:52,680 Speaker 1: Letterman had an affair and someone extorted him and said, 419 00:23:52,720 --> 00:23:55,520 Speaker 1: if you don't pay me, I'm going to publicize this, 420 00:23:55,960 --> 00:24:00,639 Speaker 1: and then David Letterman walked out and began his show 421 00:24:01,560 --> 00:24:05,720 Speaker 1: talking about in his monologue, Hey, I want to apologize 422 00:24:05,840 --> 00:24:09,280 Speaker 1: I had an affair. But Letterman actually went to authorities 423 00:24:09,680 --> 00:24:12,800 Speaker 1: and said, this is an extortion plot. But by the way, 424 00:24:12,920 --> 00:24:17,040 Speaker 1: the value of the extortion claim is that they think 425 00:24:17,080 --> 00:24:20,439 Speaker 1: you'll be so embarrassed that you won't acknowledge board and 426 00:24:20,640 --> 00:24:25,280 Speaker 1: own whatever behavior you engaged in. There's no value anymore. 427 00:24:25,320 --> 00:24:27,639 Speaker 1: By the way, I didn't. I pretty much nailed that. 428 00:24:27,680 --> 00:24:31,520 Speaker 1: Accept It was the guy who did the extortion, I believe, 429 00:24:31,840 --> 00:24:36,120 Speaker 1: and Letterman had an affair with the living It would 430 00:24:36,320 --> 00:24:38,199 Speaker 1: the Letterman had an affair of the woman who was 431 00:24:38,240 --> 00:24:41,359 Speaker 1: the living girlfriend of the former producer that tried to 432 00:24:41,800 --> 00:24:45,000 Speaker 1: so basically he knew about it because of that connection, 433 00:24:45,520 --> 00:24:49,639 Speaker 1: and he wanted a He wanted millions of dollars for 434 00:24:49,760 --> 00:24:52,160 Speaker 1: a screen. It was blackmail. It was straight up blackmail. 435 00:24:52,280 --> 00:24:54,520 Speaker 1: That's what he got hit with. And to your point, Buck, 436 00:24:54,640 --> 00:24:57,480 Speaker 1: there oftentimes is this fine line where if you have 437 00:24:57,600 --> 00:25:01,159 Speaker 1: an attorney approach and they say, hey, we're trying to 438 00:25:01,200 --> 00:25:05,040 Speaker 1: settle this case because it would be embarrassing if it 439 00:25:05,080 --> 00:25:10,360 Speaker 1: went public. Sometimes the attorney provides the fig leaf that 440 00:25:10,440 --> 00:25:14,159 Speaker 1: allows basically what is an extortion claim to be to 441 00:25:14,320 --> 00:25:15,880 Speaker 1: be So let me let me bring an example though 442 00:25:15,880 --> 00:25:18,760 Speaker 1: of why this is a little when it gets complicated. 443 00:25:19,520 --> 00:25:21,600 Speaker 1: Is let's say that you know you're an employee of 444 00:25:21,600 --> 00:25:25,439 Speaker 1: a corporation and and you know someone there was was 445 00:25:25,480 --> 00:25:27,760 Speaker 1: really there was some discrimination case or there was some 446 00:25:27,880 --> 00:25:30,960 Speaker 1: you know, sexual impropriety case. You go higher law firm, 447 00:25:30,960 --> 00:25:33,040 Speaker 1: you go to the company. You say, look, we can 448 00:25:33,119 --> 00:25:36,800 Speaker 1: keep this quiet, but my client who has been wronged 449 00:25:37,200 --> 00:25:39,560 Speaker 1: wants to be made whole with some kind of compensation. 450 00:25:39,560 --> 00:25:42,920 Speaker 1: It wants to be compensated for the wrong done. Well, 451 00:25:43,760 --> 00:25:47,280 Speaker 1: you know is that you're basically telling the company this 452 00:25:47,320 --> 00:25:49,159 Speaker 1: is gonna get very messy and very you know this 453 00:25:49,240 --> 00:25:51,880 Speaker 1: is you know you're you're going to get. One distinction 454 00:25:51,960 --> 00:25:54,800 Speaker 1: would be if you're going to file a lawsuit and 455 00:25:54,920 --> 00:25:58,320 Speaker 1: there is a negotiation to avoid a lawsuit being filed, 456 00:25:58,840 --> 00:26:02,520 Speaker 1: you're implicitly acknowledging that you're just trying to avoid the litigation. 457 00:26:03,119 --> 00:26:04,879 Speaker 1: That's where the lawyer part of this comes in. Right, 458 00:26:04,920 --> 00:26:08,040 Speaker 1: But that's right, I'm going to just tell a story. 459 00:26:08,280 --> 00:26:10,679 Speaker 1: You didn't do anything that I have a legal claim 460 00:26:10,760 --> 00:26:13,879 Speaker 1: for Remember, Stormy Daniels has never said this was a 461 00:26:13,960 --> 00:26:17,320 Speaker 1: non consensual act. I didn't want to be involved in it. 462 00:26:17,440 --> 00:26:20,560 Speaker 1: I didn't make the choice to be involved in it 463 00:26:20,560 --> 00:26:22,840 Speaker 1: at all. Again, Trump denies it's happened. But remember the 464 00:26:22,920 --> 00:26:26,960 Speaker 1: Stormy Daniels side has never been anything other than this 465 00:26:27,040 --> 00:26:29,720 Speaker 1: was a consensual act and now I'm going to tell 466 00:26:29,800 --> 00:26:33,080 Speaker 1: people about it. So to me, she is a thoroughly 467 00:26:33,160 --> 00:26:39,399 Speaker 1: repugnant part of this story because she's just tried to 468 00:26:39,400 --> 00:26:42,919 Speaker 1: extort Trump from the moment that it happened and is 469 00:26:42,960 --> 00:26:45,200 Speaker 1: trying to embarrass him and still did it and got 470 00:26:45,200 --> 00:26:50,480 Speaker 1: paid for it. Brian in Summerfield, North Carolina, got some questions, Brian, 471 00:26:50,520 --> 00:26:53,600 Speaker 1: what's going on? Yeah, hey, how you doing? Listen? Man? 472 00:26:53,720 --> 00:26:56,040 Speaker 1: Along the same lines there. I gotta be honest, a man, 473 00:26:56,200 --> 00:26:59,960 Speaker 1: I'm so ticked because again America is no longer America. 474 00:27:00,359 --> 00:27:03,320 Speaker 1: I'm curious, though, is there a way for Trump once 475 00:27:03,359 --> 00:27:08,000 Speaker 1: he is exonerated, to turn around and send a message 476 00:27:08,040 --> 00:27:13,399 Speaker 1: to all the DA's, including diplod Bragg that this type 477 00:27:13,400 --> 00:27:15,600 Speaker 1: of thing you want to do this if you want 478 00:27:15,640 --> 00:27:20,920 Speaker 1: to bring charges that you know are just bs, You're 479 00:27:21,000 --> 00:27:25,560 Speaker 1: just you're just basically abusing your powers that you will 480 00:27:25,600 --> 00:27:28,040 Speaker 1: pay a price. No, I mean, if you're asking Kenny, 481 00:27:28,119 --> 00:27:30,240 Speaker 1: Kenny sue Bragg. I know about this from working with 482 00:27:30,320 --> 00:27:34,640 Speaker 1: prosecutors at the NYPD. They have effectively, unless you can 483 00:27:34,760 --> 00:27:38,520 Speaker 1: prove real malfeasance, which is very hard to do with 484 00:27:38,560 --> 00:27:41,280 Speaker 1: a prosecutor, they have total immunity. So there's no law. 485 00:27:41,320 --> 00:27:43,520 Speaker 1: You can't sue them in their official capacity, and even 486 00:27:43,560 --> 00:27:45,600 Speaker 1: if you could, the city would pay for it and 487 00:27:45,600 --> 00:27:48,760 Speaker 1: there'll be no consequences. Yeah, and look, you could sue 488 00:27:49,200 --> 00:27:52,199 Speaker 1: basically for anything and you might get the headline of 489 00:27:52,240 --> 00:27:55,440 Speaker 1: the suit. But in terms of their being a tangible result, 490 00:27:56,560 --> 00:28:01,000 Speaker 1: Trump's opportunities against Bragg absent te to have it thrown 491 00:28:01,000 --> 00:28:03,600 Speaker 1: out right away because the prosecutor has immunity. So you 492 00:28:03,600 --> 00:28:05,840 Speaker 1: could bring a suit and then you know, the judge 493 00:28:05,840 --> 00:28:08,199 Speaker 1: would say that the guy has immunity, good luck. You 494 00:28:08,200 --> 00:28:10,720 Speaker 1: would need to try to uncover some form of a 495 00:28:10,840 --> 00:28:14,880 Speaker 1: legal behavior, right, right takes them outside of this sort 496 00:28:14,880 --> 00:28:18,119 Speaker 1: of similar with police officers. If a police officer is 497 00:28:18,160 --> 00:28:21,199 Speaker 1: doing his job unless you can prove that there was 498 00:28:21,800 --> 00:28:25,119 Speaker 1: bad faith execution of his role. Right, So, if a 499 00:28:25,119 --> 00:28:27,400 Speaker 1: police officer, let's say, has you handcuffed against the car, 500 00:28:27,560 --> 00:28:30,919 Speaker 1: and you know, gropes a woman or a man, you know, 501 00:28:30,920 --> 00:28:33,640 Speaker 1: in a sexual manner, you may be able to They 502 00:28:33,680 --> 00:28:37,280 Speaker 1: may lose immunity if you can prove that, But if 503 00:28:37,280 --> 00:28:39,360 Speaker 1: they just arrest you and you don't like it, you 504 00:28:39,400 --> 00:28:42,120 Speaker 1: can't sue them. They have them. Yeah, And also qualified 505 00:28:42,120 --> 00:28:45,080 Speaker 1: immunity for police officers becomes a big story because people 506 00:28:45,080 --> 00:28:47,280 Speaker 1: are like, we've got to remove this. Most people don't 507 00:28:47,280 --> 00:28:50,120 Speaker 1: want to sue police officers because you're average police officer, 508 00:28:50,160 --> 00:28:53,320 Speaker 1: I'm just being honest, doesn't have that many resources. You 509 00:28:53,360 --> 00:28:55,720 Speaker 1: want to sue somebody who can actually pay a lot 510 00:28:55,760 --> 00:28:57,800 Speaker 1: of money, right, which to be the department, right right, 511 00:28:57,880 --> 00:29:00,440 Speaker 1: Which is why you know, even in cases of severe 512 00:29:00,520 --> 00:29:04,760 Speaker 1: police misconduct, the payment is coming from the city or 513 00:29:04,800 --> 00:29:07,400 Speaker 1: the state or whatever else of millions of dollars. You know. 514 00:29:07,440 --> 00:29:09,760 Speaker 1: I'd have to check on this one. But an example 515 00:29:09,800 --> 00:29:12,280 Speaker 1: of the the exception that proves the rule in a 516 00:29:12,320 --> 00:29:18,040 Speaker 1: sense here was Nifong, the prosecutor in Duke against the 517 00:29:18,200 --> 00:29:22,760 Speaker 1: Duke lacrosse players. The total fabrication of the case against them. 518 00:29:22,920 --> 00:29:26,200 Speaker 1: I believe that he was disbarred. I think he went 519 00:29:26,240 --> 00:29:28,880 Speaker 1: to prison. I think he went to prison and I 520 00:29:28,920 --> 00:29:31,200 Speaker 1: think he also lost his I think they were able 521 00:29:31,240 --> 00:29:32,560 Speaker 1: to sue him. I don't even know if they did. 522 00:29:32,560 --> 00:29:35,200 Speaker 1: They sued Duke University as they should have the student, yeah, 523 00:29:35,240 --> 00:29:37,440 Speaker 1: and got a big payout. But I think he might 524 00:29:37,440 --> 00:29:39,239 Speaker 1: have been because they were able to prove that this 525 00:29:39,320 --> 00:29:41,320 Speaker 1: guy knew that they were innocent and just brought the 526 00:29:41,520 --> 00:29:43,280 Speaker 1: You know, if you have somebody in a text message 527 00:29:43,280 --> 00:29:45,560 Speaker 1: who's a prosecutor saying I know they're innocent, but I'm 528 00:29:45,560 --> 00:29:47,560 Speaker 1: going to charge him anyway because I'm up for reelection, 529 00:29:48,080 --> 00:29:50,600 Speaker 1: then you might be able to sue them. But just 530 00:29:50,840 --> 00:29:53,880 Speaker 1: you know, bad faith execution of the or rather you know, 531 00:29:53,960 --> 00:29:57,720 Speaker 1: bad faith prosecution. That's not going to be enough to 532 00:29:57,760 --> 00:29:59,600 Speaker 1: get a lawsuit going. But it's worth It's always worth 533 00:29:59,600 --> 00:30:01,840 Speaker 1: thinking about these things. You've got several more calls. We'll 534 00:30:01,840 --> 00:30:03,600 Speaker 1: take a few more of your calls. You're asking smart 535 00:30:03,680 --> 00:30:06,560 Speaker 1: questions when we come back. Eight hundred two A two 536 00:30:06,600 --> 00:30:10,280 Speaker 1: two eight eight two. And I want to make sure 537 00:30:10,400 --> 00:30:13,520 Speaker 1: as we roll into break here that I tell you about, 538 00:30:13,600 --> 00:30:16,280 Speaker 1: or Buck tells us about. With inflation on the rise 539 00:30:16,320 --> 00:30:18,920 Speaker 1: and the stock market more volable than ever, protecting your 540 00:30:18,920 --> 00:30:22,560 Speaker 1: retirement savings can be a challenge. 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Download 549 00:30:49,480 --> 00:30:53,240 Speaker 1: the Phoenix Capital Groups Free Investor Guide today at phx 550 00:30:53,360 --> 00:30:56,680 Speaker 1: OnAir dot com. Before making investment decisions, you should carefully 551 00:30:56,680 --> 00:30:59,520 Speaker 1: consider and review all risks involved. Learn how you can 552 00:30:59,560 --> 00:31:02,440 Speaker 1: diverse fy your investments and earn eight to twelve percent 553 00:31:02,600 --> 00:31:05,720 Speaker 1: a p Y. Download the Phoenix Groups a Free Investor 554 00:31:05,800 --> 00:31:11,000 Speaker 1: Guide today at PHX OnAir dot com. That's pH x 555 00:31:11,320 --> 00:31:15,400 Speaker 1: OnAir dot com. Get to know the guys outside the 556 00:31:15,520 --> 00:31:20,560 Speaker 1: issues with a new podcast. Fight it on the iHeart 557 00:31:20,560 --> 00:31:24,000 Speaker 1: app or wherever you get your podcasts. Welcome back to 558 00:31:24,040 --> 00:31:27,040 Speaker 1: the Clay Travis en buck Sexton Show. Um, I'm gonna 559 00:31:27,120 --> 00:31:30,680 Speaker 1: take you through the next hour, starting off with a 560 00:31:31,600 --> 00:31:34,560 Speaker 1: a story. UM, that that. Clay and I were just 561 00:31:34,640 --> 00:31:37,640 Speaker 1: discussing a couple of Milton moments ago off air. UM 562 00:31:37,680 --> 00:31:41,640 Speaker 1: a tech exec who was um stabbed to death in 563 00:31:41,680 --> 00:31:45,720 Speaker 1: San Francisco outside of his home. Um the guy who 564 00:31:45,880 --> 00:31:47,640 Speaker 1: I believe is the founder of cash app, which is 565 00:31:47,680 --> 00:31:51,040 Speaker 1: pretty well known, so a big name in Silicon Valley 566 00:31:51,120 --> 00:31:58,680 Speaker 1: circles and a just right outside of a luxury apartment building. Um, 567 00:31:58,680 --> 00:32:02,120 Speaker 1: he was to death. So we will discuss that story. 568 00:32:02,160 --> 00:32:07,880 Speaker 1: And also Chicago, the mayor who won Wisconsin. The Supreme 569 00:32:07,960 --> 00:32:10,920 Speaker 1: Court of Wisconsin has gone leftist and that is a 570 00:32:10,960 --> 00:32:14,920 Speaker 1: problem for twenty twenty four. So we'll get into those stories. 571 00:32:15,280 --> 00:32:18,840 Speaker 1: Comment in a second. We have Matt in Lincoln, Nebraska, 572 00:32:18,840 --> 00:32:24,400 Speaker 1: who is a criminal defense attorney. Matt, what's going on? Hey, guys, 573 00:32:24,480 --> 00:32:27,080 Speaker 1: thanks for the opportunity, and your producer super polite. She's 574 00:32:27,080 --> 00:32:30,200 Speaker 1: doing a great job. She is the best. Do you agree? Yes, 575 00:32:30,320 --> 00:32:32,160 Speaker 1: she really did great. Okay, So I'll get to the 576 00:32:32,200 --> 00:32:34,280 Speaker 1: point here. So Number one, I think I read this 577 00:32:34,560 --> 00:32:40,680 Speaker 1: sidebar yesterday, the specific definition of fraud under New York 578 00:32:40,680 --> 00:32:44,080 Speaker 1: state law. You know it's it's not just some generic turn. 579 00:32:44,480 --> 00:32:48,560 Speaker 1: I think there has to be some actual property or 580 00:32:48,640 --> 00:32:52,880 Speaker 1: services taken from someone to prove that number one, number two, 581 00:32:53,440 --> 00:32:56,320 Speaker 1: you know, and Clay, as a criminal defense attorney, you 582 00:32:56,360 --> 00:32:58,840 Speaker 1: look at that indictment for your client, what are you 583 00:32:58,920 --> 00:33:02,960 Speaker 1: defending against? What is the underlying charge? You know? How 584 00:33:03,000 --> 00:33:07,000 Speaker 1: can his attorneys provide effective assistance of counsel? Where's the 585 00:33:07,040 --> 00:33:09,920 Speaker 1: due process when when the indictment, the purpose of which 586 00:33:10,000 --> 00:33:14,120 Speaker 1: is to notify the defendant what charges they're facing, you 587 00:33:14,200 --> 00:33:17,040 Speaker 1: don't even know what your client is accused of doing 588 00:33:17,120 --> 00:33:19,520 Speaker 1: as the underlying crime. And with the tens of thousands 589 00:33:19,560 --> 00:33:22,760 Speaker 1: of crimes there are out there, you know, maybe you 590 00:33:22,760 --> 00:33:24,840 Speaker 1: can discuss that for the for the listeners. And the 591 00:33:24,880 --> 00:33:27,640 Speaker 1: last thing I thought of is what about the congressional 592 00:33:27,760 --> 00:33:31,480 Speaker 1: slush fund for all the sexual harassment claims? Shouldn't there 593 00:33:31,560 --> 00:33:34,120 Speaker 1: be a lot of people in Congress kind of shaken 594 00:33:34,160 --> 00:33:38,640 Speaker 1: in their boots about paying people off. Thank you for 595 00:33:38,760 --> 00:33:42,480 Speaker 1: the questions that you're asking. The most significant to me 596 00:33:43,240 --> 00:33:49,000 Speaker 1: is it's really hard to render adequate criminal defense representation 597 00:33:49,560 --> 00:33:54,520 Speaker 1: virtually impossible when you don't know the underlying charge that 598 00:33:54,680 --> 00:33:57,520 Speaker 1: is elevating this to a felony so black. A part 599 00:33:57,560 --> 00:34:00,280 Speaker 1: of me wonders if to build on what you were 600 00:34:00,280 --> 00:34:05,440 Speaker 1: saying earlier, about Alvin Bragg and whether their additional charges coming. 601 00:34:05,800 --> 00:34:09,719 Speaker 1: Part of me wonders whether Alvin Bragg is reserving what 602 00:34:09,760 --> 00:34:14,040 Speaker 1: that additional felony is because he's hoping that somebody, either 603 00:34:14,200 --> 00:34:18,319 Speaker 1: in the Atlanta case or in the Jack Smith investigation 604 00:34:18,400 --> 00:34:21,759 Speaker 1: surrounding the Department of Justice, is going to give him 605 00:34:21,880 --> 00:34:27,040 Speaker 1: a lynchpin of an additional charge that they've uncovered as 606 00:34:27,040 --> 00:34:28,920 Speaker 1: a part of their work. I'm just tossing it out 607 00:34:28,960 --> 00:34:33,759 Speaker 1: there because failing to name the felony does mean that 608 00:34:33,800 --> 00:34:36,880 Speaker 1: the Trump people on his criminal defense team should be 609 00:34:37,000 --> 00:34:40,680 Speaker 1: filing for emotion to dismiss because there hasn't been an 610 00:34:40,719 --> 00:34:44,120 Speaker 1: allegation that they can defend against, which does implicate all 611 00:34:44,160 --> 00:34:47,279 Speaker 1: of the motions and pleadings which are coming from the 612 00:34:47,360 --> 00:34:50,479 Speaker 1: months ahead. What we've seen right now, I do think 613 00:34:50,800 --> 00:34:56,480 Speaker 1: everybody should be prepared for this because it's not determined yet. 614 00:34:56,480 --> 00:35:00,759 Speaker 1: But what we've seen so far is weapon is of 615 00:35:00,800 --> 00:35:04,120 Speaker 1: the prosecutor's office in New York. Yes, what you could 616 00:35:04,160 --> 00:35:09,279 Speaker 1: soon see is weaponization of the judiciary in New York 617 00:35:09,360 --> 00:35:11,640 Speaker 1: as in a judge. Now, they didn't put the gag 618 00:35:11,719 --> 00:35:15,640 Speaker 1: order on Trump to be fair yet, so we haven't 619 00:35:15,680 --> 00:35:20,160 Speaker 1: seen the full rigged system in effect in New York. 620 00:35:20,200 --> 00:35:21,959 Speaker 1: And with regard to the judge, I'm not talking about 621 00:35:21,960 --> 00:35:25,000 Speaker 1: the prosecutor. These are obviously different parts of that system. 622 00:35:25,560 --> 00:35:29,240 Speaker 1: But how could this judge look at this indictment Clay 623 00:35:29,440 --> 00:35:31,520 Speaker 1: and not throw it out? I mean, which is a 624 00:35:31,640 --> 00:35:33,879 Speaker 1: hard Usually I think you know, with a judge, you're 625 00:35:33,880 --> 00:35:36,720 Speaker 1: gonna say, look, grand jury sees it, you know, unless 626 00:35:36,760 --> 00:35:40,560 Speaker 1: there's a really clear question of law, statute of limitations issue, 627 00:35:40,600 --> 00:35:42,839 Speaker 1: something like that. But that should have been hashed out 628 00:35:42,880 --> 00:35:46,759 Speaker 1: in the prosecutor phase, right, So you may you may 629 00:35:46,840 --> 00:35:48,759 Speaker 1: realize that the fix is really in here from the 630 00:35:48,840 --> 00:35:51,080 Speaker 1: judge as well as the prosecutor, just based on whether 631 00:35:51,120 --> 00:35:54,120 Speaker 1: he throws the case out. One trap that I would 632 00:35:54,200 --> 00:35:57,360 Speaker 1: encourage you guys to think about is he hasn't imposed 633 00:35:57,400 --> 00:36:00,759 Speaker 1: a gag order yet. If he try to order a 634 00:36:00,840 --> 00:36:05,600 Speaker 1: gag order, then Trump would be in contempt if he 635 00:36:05,760 --> 00:36:09,160 Speaker 1: violates the gag order, which could allow the judge to 636 00:36:09,280 --> 00:36:14,880 Speaker 1: exercise control, potentially including putting him in prison over speaking 637 00:36:14,880 --> 00:36:17,560 Speaker 1: out around this case. So in the same way, Buck, 638 00:36:17,600 --> 00:36:20,920 Speaker 1: you're talking about obstruction as potentially the focus in the 639 00:36:20,920 --> 00:36:25,080 Speaker 1: classified documents case, not the crime itself, but the follow 640 00:36:25,160 --> 00:36:29,799 Speaker 1: up is there a trap being set for Trump as 641 00:36:29,840 --> 00:36:33,080 Speaker 1: it pertains to an eventual gag order where they could 642 00:36:33,080 --> 00:36:36,200 Speaker 1: hold him in contempt if he speaks out against how 643 00:36:36,320 --> 00:36:40,600 Speaker 1: illegitimate he finds, the judge, the prosecutor, all of these 644 00:36:40,600 --> 00:36:45,279 Speaker 1: things here to think of. Let's talk about this tech 645 00:36:45,320 --> 00:36:47,719 Speaker 1: founder in San Francisco and Moore coming up here.