WEBVTT - Will Trump Face Prosecution If He Loses the Election?

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<v Speaker 1>This is Bloomberg Law with June Grassoe from Bloomberg Radio.

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<v Speaker 1>President Trump has more at stake in this election than

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<v Speaker 1>whether he remains in the White House. Being president has

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<v Speaker 1>given Trump what is effectively immunity from federal criminal prosecutions

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<v Speaker 1>and has allowed him to stall civil law suits against

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<v Speaker 1>him and his business. When he leaves office, that equation changes.

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<v Speaker 1>So could there be a United States v. Trump? Although

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<v Speaker 1>any federal prosecution of Trump would be political dynamite, but

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<v Speaker 1>New York v. Trump is a distinct possibility since there

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<v Speaker 1>is an active investigation by the Manhattan District Attorney that

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<v Speaker 1>could result in state criminal charges, and of course, there

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<v Speaker 1>are several civil lawsuits that would likely move forward at

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<v Speaker 1>a faster pace. Joining me is former federal prosecutor Robert Mints,

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<v Speaker 1>a partner m Carter In English, Bob explain how the

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<v Speaker 1>presidency has effectively given Trump a temporary shield against prosecutions

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<v Speaker 1>and lawsuits. As president, President Trump has been able to

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<v Speaker 1>block and delay many investigations and civil lawsuits that have

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<v Speaker 1>been filed against them, essentially arguing that as president of

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<v Speaker 1>the United States, he is too busy to deal with

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<v Speaker 1>heavial cases, sit for depositions for example, produced documents, and

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<v Speaker 1>that under the laws, he is immune from prosecution for

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<v Speaker 1>federal criminal cases while he is the sitting president of

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<v Speaker 1>the United States. Let's turn now to possible federal criminal

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<v Speaker 1>charges after he leaves office. Smaller report detailed several episodes

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<v Speaker 1>in which Trump may have obstructed justice, but didn't recommend

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<v Speaker 1>criminal charges, citing the official Justice Department position that a

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<v Speaker 1>sitting president CAMPI indited. Is it possible that after he

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<v Speaker 1>leaves office, Trump could face obstruction of justice charges? Yes,

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<v Speaker 1>in every regard. The fact that the president leaves office

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<v Speaker 1>makes it easier for prosecutors and frankly plaintiffs and civil

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<v Speaker 1>cases as well to pursue their cases against him. As

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<v Speaker 1>far as the obstruction of justice case that was laid

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<v Speaker 1>out by the Mueller report, you're absolutely correct that Mr

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<v Speaker 1>Mueller ultimately stopped short of making you finding as to

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<v Speaker 1>whether or not there was obstruction of justice, citing the

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<v Speaker 1>Department of Justice is internal memorandum which says that the

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<v Speaker 1>Department of Justice cannot indict a sitting president. So what

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<v Speaker 1>Mr Mueller did was, rather than render an opinion as

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<v Speaker 1>to whether or not there was a violation here, he

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<v Speaker 1>simply laid out the facts and left them hanging out

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<v Speaker 1>there for others to decide whether there was an obstruction case.

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<v Speaker 1>Assuming the president is no longer in office, then those

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<v Speaker 1>cases could theoretically go forward. A Biden Department of Justice

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<v Speaker 1>would not be barred from pursuing the roadmap that Mr

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<v Speaker 1>Mueller laid out in his port as to potential obstruction

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<v Speaker 1>of justice charges if they chose to pursue them. So

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<v Speaker 1>that would be a political question really about whether Biden

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<v Speaker 1>Justice Department would want to bring criminal charges against a

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<v Speaker 1>former president. I think that if the case were to

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<v Speaker 1>be revived by the Department of Justice under a President Biden,

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<v Speaker 1>they would have to be further investigation. In other words,

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<v Speaker 1>they would not simply rely on the work that was

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<v Speaker 1>done solely by Muller and his investigators. There would be

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<v Speaker 1>a new investigation. There would be a new grand jury

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<v Speaker 1>that was impaneled in order to gather more evidence. But

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<v Speaker 1>that would be an absolute political bombshell. The idea of

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<v Speaker 1>the Justice Department pursuing a criminal case against a former

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<v Speaker 1>president is obviously something that has never been contemplated before

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<v Speaker 1>in the history of this country and would be something

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<v Speaker 1>that would be extremely divisive. I think that the Department

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<v Speaker 1>of Justice would consider very carefully before they decided to

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<v Speaker 1>go down that road. Trump's longtime personal lawyer and fixer,

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<v Speaker 1>Michael Cohen, was sentenced to more than three years in

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<v Speaker 1>prison after pleading guilty to campaign finance violations. Cohen said Trump,

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<v Speaker 1>who was identified in case filings as Individual Number one,

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<v Speaker 1>directed the hush money payment just before the election. Federal

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<v Speaker 1>prosecutors obviously never charged Trump, could or would the Justice

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<v Speaker 1>Department bring that case now? He answered, that question is

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<v Speaker 1>the Department of Justice could take another look at that case.

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<v Speaker 1>They did charge Michael Cohen with campaign finance violations in

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<v Speaker 1>connection with hush money payments that led up to the

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<v Speaker 1>seen election. There was a reference in those case filings

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<v Speaker 1>as individual number one, which was later purportedly a reference

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<v Speaker 1>to the President. There was also a non prosecution agreement

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<v Speaker 1>that the Department of Justice entered into with the National Enquirer,

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<v Speaker 1>and where in the National enquire Are admitted working with

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<v Speaker 1>Michael Cone and the Trump campaign to kill certain damaging

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<v Speaker 1>stories about candidate Trump. Whether Department of Justice would then

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<v Speaker 1>take that case up is very much an open question.

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<v Speaker 1>Part of the problem there is that one of the

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<v Speaker 1>key witnesses in that case would obviously be Michael Cone,

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<v Speaker 1>and there's a question there whether Michael Cone would be

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<v Speaker 1>a sufficiently credible witness to build a case around. They

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<v Speaker 1>would really have to be additional evidence for them to

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<v Speaker 1>take a look at that. And then that still goes

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<v Speaker 1>back to the question about whether the Department of Justice

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<v Speaker 1>would want to pick up a case to prosecute a

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<v Speaker 1>former president, something that would again be considered highly controversial

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<v Speaker 1>and a real political bombshell where they could go down

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<v Speaker 1>that road. The New York Times didn't investigative report on

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<v Speaker 1>Trump's taxes that reveal many questionable deductions as well as

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<v Speaker 1>other problems. Are criminal charges for tax fraud possible by

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<v Speaker 1>the I R s. There's a lot of information, then

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<v Speaker 1>a lot of news that's been out there regarding the

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<v Speaker 1>president tax returns, which of course i've never been made public.

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<v Speaker 1>The New York Times did reveal, according to their sources,

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<v Speaker 1>that the president paid only seven dred and fifty dollars

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<v Speaker 1>in income taxes in sixteen, for example. But there's a

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<v Speaker 1>real question here about whether these tax returns would ultimately

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<v Speaker 1>be the subject of a federal criminal tax investigation. These

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<v Speaker 1>are difficult cases to make. Prosecutors have to show that

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<v Speaker 1>an individual deliberately set out to defraud the government, there

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<v Speaker 1>has to be some concrete proof in files or emails,

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<v Speaker 1>for example, or statements made by witnesses that there is

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<v Speaker 1>a conscious effort to defraud the I R s. And

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<v Speaker 1>in this case, as in many cases involving high level

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<v Speaker 1>executives or high network individuals, there are always lawyers and

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<v Speaker 1>accountants who are involved in many layers of these transactions

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<v Speaker 1>and in the preparation of these tax returns, which tend

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<v Speaker 1>to insulate an individual from criminal tax liability. So at

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<v Speaker 1>the end of the day, these would be difficult charges

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<v Speaker 1>to make in a criminal context. That's not to say

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<v Speaker 1>that the I R S might not review these tax

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<v Speaker 1>returns and ultimately have some kind of a civil claim

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<v Speaker 1>against the president for taxes that the I R S

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<v Speaker 1>may claim our owed having to do with certain deductions

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<v Speaker 1>that were taken in previous years. But it's unlikely that

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<v Speaker 1>there would be a federal criminal prosecution that ultimately emerges

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<v Speaker 1>based upon the president's tax returns. The Manhattan d A

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<v Speaker 1>has been investigating Trump, and Trump fought the subpoenas for

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<v Speaker 1>financial records all the way to the Supreme Court. Let's

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<v Speaker 1>take the question of Trump pardoning himself. A president pardoning himself,

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<v Speaker 1>so Trump could pardon himself in federal cases, but not

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<v Speaker 1>in a state case. So the president has broad power

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<v Speaker 1>to pardon individuals from seaederal crime. And that came up

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<v Speaker 1>very much in the context of the prosecution of Paul Manafort,

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<v Speaker 1>for example, the president its former campaign manager, and others

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<v Speaker 1>who were prosecuted for crimes in connection with the President's

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<v Speaker 1>campaign or in many cases in unrelated issues, and there

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<v Speaker 1>was always this question about whether the President might pardon

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<v Speaker 1>Paul Mattafford, Michael Flynn, and others. Uh, that does not

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<v Speaker 1>apply to potential state prosecutions. Under the law, states are

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<v Speaker 1>a separate, separate sovereign, which means that they are not

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<v Speaker 1>able to be pardoned by the president. So that has

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<v Speaker 1>given the Manhattan Deer, the New York Attorney General, and

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<v Speaker 1>other state ages the ability to continue to pursue investigations,

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<v Speaker 1>and ultimately the president is not in a position to

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<v Speaker 1>pardon individuals in connection with those investigations and not able

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<v Speaker 1>to pardon himself in connection with any potential state crimes.

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<v Speaker 1>Now you mentioned the New York Attorney General, she is

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<v Speaker 1>investigate whether the Trump family's real estate company falsely reported

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<v Speaker 1>property values to secure loans or tax benefits. That's a

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<v Speaker 1>civil case. Could that become a criminal case? Well, right now,

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<v Speaker 1>the Attorney's General's investigation is a civil matter. It could

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<v Speaker 1>possibly become a criminal case. But my guess is that

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<v Speaker 1>that will stay a civil investigation and we'll have to

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<v Speaker 1>wait and see whether anything developed out of that and

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<v Speaker 1>the emolument suits. There are congressional Democrats to Democratic attorneys

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<v Speaker 1>general in a watchdog group brought three lawsuits accusing Trump

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<v Speaker 1>of violating the U s. Constitutions and Monuments Clause, and

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<v Speaker 1>it's something that no court has ever ruled on before.

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<v Speaker 1>Are those suits likely to be dropped? Yeah. The allegations

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<v Speaker 1>involving the emolument cases really have to do with the

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<v Speaker 1>charge that President Trump has used his office of the

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<v Speaker 1>President for personal profit, and they focused on specifically that

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<v Speaker 1>the president received allegedly gifts or things of value from

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<v Speaker 1>foreign governments by accepting money that representatives from Saudi Arabia

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<v Speaker 1>or other countries have spent at the Trump Hotel in Washington.

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<v Speaker 1>In particular, those cases will essentially go away if the

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<v Speaker 1>president is no longer in office. At this point, the

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<v Speaker 1>president has been able to deflect those cases and in

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<v Speaker 1>one case had one of them dismissed. One of them

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<v Speaker 1>cases brought by congressional Democrats. But the goal of the

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<v Speaker 1>Monument's cases was always to force the president to fully

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<v Speaker 1>divest themselves from his business while in office. The idea

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<v Speaker 1>behind that is that you don't want a situation where

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<v Speaker 1>a president may be making decisions for personal gain rather

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<v Speaker 1>than in the interests of the country. That will no

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<v Speaker 1>longer be a relevant concern if the president is no

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<v Speaker 1>longer in office, and violations of the Monuments clauses do

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<v Speaker 1>not carry any financial penalty, so the remedy would really

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<v Speaker 1>be already resolved there. If the president is no longer

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<v Speaker 1>in office, then he's no longer allegedly being a position

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<v Speaker 1>to benefit himself personally on those cases will simply go away.

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<v Speaker 1>If the president is no longer president of the United States,

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<v Speaker 1>so would the same applied to Democrats trying to get

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<v Speaker 1>ahold of Trump's financial records. Once he's out of office.

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<v Speaker 1>That would be a done deal. As too many of

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<v Speaker 1>these investigations and many of these civil cases, the president

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<v Speaker 1>has relied on the fact that he is the president

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<v Speaker 1>United States and that can respond to these cases would

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<v Speaker 1>interfere with his duties as president. That argument obviously goes

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<v Speaker 1>away when he's still longer president United States, and he

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<v Speaker 1>would then be treated more or less as any average

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<v Speaker 1>citizen of this country would be in terms of being

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<v Speaker 1>potentially forced to sit for deposition, to have to respond

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<v Speaker 1>to document requests and provide other information. In connection with

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<v Speaker 1>civil cases, President Trump has several civil lawsuits penning against him.

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<v Speaker 1>There's a multi level marketing fraud suit where Trump and

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<v Speaker 1>three of his children were sued for fraud in twenty

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<v Speaker 1>eighteen over their endorsement on Celebrity Apprentice of a c

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<v Speaker 1>N Opportunity LLC, a troubled multi level marketing company that

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<v Speaker 1>later went bust. There's also Mary Trump's frauds suit against

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<v Speaker 1>the President. The President's needs last months suited him for

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<v Speaker 1>conspiring with his brother and sister to defraud her of

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<v Speaker 1>millions of dollars from her grandfather's estate using false documents

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<v Speaker 1>and bogus loans. There are two defamation cases. Summer Zervo's,

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<v Speaker 1>a former contestant on The Apprentice, issued a statement a

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<v Speaker 1>few weeks before the sixteen elections saying Trump groped and

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<v Speaker 1>kissed her a hotel room in two thousand seven, he

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<v Speaker 1>denied the assault and called Zervo's a liar, leading her

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<v Speaker 1>to sue him for defamation. In a really interesting case

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<v Speaker 1>because of the tact that the Justice Department has taken

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<v Speaker 1>is Ee Gene Carol's defamation suit against Trump. Last month,

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<v Speaker 1>the Justice Department tried to step in tell us what

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<v Speaker 1>happened there. That case had to do with an allegation

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<v Speaker 1>from a New York advice columnists who claimed that President

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<v Speaker 1>Trump had raped her in the Department Address Department Store

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<v Speaker 1>address room two decades ago. In response to that allegation,

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<v Speaker 1>the President called her, among other things, a liar and

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<v Speaker 1>said that she had not been telling the truth when

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<v Speaker 1>she made those allegations against him that he had raped

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<v Speaker 1>her two decades ago. What was interesting about that case

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<v Speaker 1>is that the Department of Justice actually stepped in to

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<v Speaker 1>try to take over the defense of the president in

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<v Speaker 1>that case. The first thing they did was to remove

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<v Speaker 1>the case from state court to federal court, and then

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<v Speaker 1>they tried to take over the president's defense, saying essentially

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<v Speaker 1>that the president was acting in his official capacity when

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<v Speaker 1>he was denying those rape allegations. The Department Justice invoked

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<v Speaker 1>something called the Federal Toward Claims Act, which is a

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<v Speaker 1>statute that says that when a government official is acting

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<v Speaker 1>officially in their pacity um and in whatever role they

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<v Speaker 1>have as a government official, that the Department Justice can

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<v Speaker 1>defend them. And most importantly in a defamation case. Uh,

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<v Speaker 1>if there is a charge that a government official to

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<v Speaker 1>fame somebody, and if it was done in their official capacity,

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<v Speaker 1>then that case essentially gets dismissed because the United States

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<v Speaker 1>can't be held responsible for intentional toward claims under the

0:14:24.240 --> 0:14:27.560
<v Speaker 1>Federal Toward Claims Act. So we're the judge to grant

0:14:27.600 --> 0:14:31.440
<v Speaker 1>the Department of Justice's motion and agree that when the

0:14:31.480 --> 0:14:35.520
<v Speaker 1>President denied those allegations that was done in his official capacity,

0:14:35.880 --> 0:14:38.800
<v Speaker 1>then the case would essentially have been dismissed instead of

0:14:38.800 --> 0:14:41.880
<v Speaker 1>what happened is that Judge Kaplan, who handled the case,

0:14:42.160 --> 0:14:46.200
<v Speaker 1>denied the Department of Justice requests and held that the

0:14:46.240 --> 0:14:49.920
<v Speaker 1>Federal Toward Claims Act cannot be read as expensively as

0:14:49.920 --> 0:14:52.400
<v Speaker 1>the Department of Justice was asking the court to do.

0:14:52.560 --> 0:14:55.760
<v Speaker 1>Here and essanctually said that the President is not a

0:14:55.840 --> 0:14:59.520
<v Speaker 1>quote unquote employee of the federal government for purposes of

0:14:59.560 --> 0:15:02.960
<v Speaker 1>the federal for its claim tact when he denied those allegations.

0:15:02.960 --> 0:15:05.360
<v Speaker 1>Thanks for being on the Bloomberg Lawn Show, Bob. That's

0:15:05.400 --> 0:15:10.400
<v Speaker 1>former federal prosecutor Robert Mintz, a partner mcarter in English.

0:15:10.800 --> 0:15:13.360
<v Speaker 1>Gallaine Maxwell is being held in a Brooklyn, New York

0:15:13.480 --> 0:15:16.600
<v Speaker 1>jail while she awaits trial next year on charges she

0:15:16.760 --> 0:15:20.600
<v Speaker 1>traffic girls as young as fourteen for her former boyfriend

0:15:20.680 --> 0:15:24.280
<v Speaker 1>Jeffrey Epstein. Maxwell's testimony a civil lawsuit by one of

0:15:24.280 --> 0:15:27.360
<v Speaker 1>her accusers was made public last week, joining me as

0:15:27.360 --> 0:15:31.480
<v Speaker 1>Bloomberg Legal reporter Patricia Hurtado tell us about the deposition,

0:15:31.520 --> 0:15:36.720
<v Speaker 1>pat Well, this comes from a lawsuit that started after

0:15:37.200 --> 0:15:42.680
<v Speaker 1>Maxwell declared Virginia Drew Frey a liar. Virginia had given

0:15:42.880 --> 0:15:46.880
<v Speaker 1>um interviews and come out and declared that she had

0:15:46.920 --> 0:15:50.560
<v Speaker 1>been sex trafficed as a sex slave for Epstein and

0:15:50.600 --> 0:15:55.200
<v Speaker 1>that Maxwell had been her recruiter. So um, Maxwell hires

0:15:55.200 --> 0:15:58.240
<v Speaker 1>a PR agency and declares her outright, you know, as

0:15:58.240 --> 0:16:01.400
<v Speaker 1>a liar, and then Drew I filed a lawsuit in

0:16:02.800 --> 0:16:06.240
<v Speaker 1>as a result of that, those statements issued the defamation

0:16:06.320 --> 0:16:09.240
<v Speaker 1>lawsuit that was filed in New York, and as a

0:16:09.280 --> 0:16:11.960
<v Speaker 1>result of that, that's how we get a deposition that

0:16:12.440 --> 0:16:16.880
<v Speaker 1>in April sixteen, the Lane Maxwell sat for a deposition

0:16:17.280 --> 0:16:21.280
<v Speaker 1>at the Boy Schiller offices and she was questioned for

0:16:21.320 --> 0:16:27.880
<v Speaker 1>several hours about what her role was with Epstein. You know,

0:16:28.080 --> 0:16:31.200
<v Speaker 1>how did she know him? What were her duties? Did

0:16:31.240 --> 0:16:34.400
<v Speaker 1>she ever have any sexual encounters with underage girls or

0:16:34.400 --> 0:16:37.640
<v Speaker 1>witnessed anything like that? She didn't. Said that she worked

0:16:37.680 --> 0:16:40.800
<v Speaker 1>for him. She was basically an aide de camp of

0:16:41.000 --> 0:16:45.920
<v Speaker 1>arranging his household, hiring staffers. But she she says that

0:16:46.040 --> 0:16:51.440
<v Speaker 1>she not engaged in any illegal activity if it was consensual.

0:16:51.480 --> 0:16:56.080
<v Speaker 1>There was consensual adult activity, but nothing nothing illegal. She

0:16:56.240 --> 0:17:00.200
<v Speaker 1>was Epstein's girlfriend, wasn't she at some point? Yes, she

0:17:00.320 --> 0:17:03.280
<v Speaker 1>was at Epstein's girlfriend from from a period of time,

0:17:03.480 --> 0:17:07.119
<v Speaker 1>and she they remained to be friends, so uh. And

0:17:07.760 --> 0:17:10.679
<v Speaker 1>she was employed by him, so she said. And he

0:17:10.680 --> 0:17:15.679
<v Speaker 1>helped her buy a townhouse, so um. They remained close associates.

0:17:16.000 --> 0:17:19.520
<v Speaker 1>And she doesn't admit to anything illegal. And in fact,

0:17:19.720 --> 0:17:22.960
<v Speaker 1>she is pretty imperious in her answers. Um, there's a

0:17:23.000 --> 0:17:26.120
<v Speaker 1>lot of refusals, and at one point she got so

0:17:26.160 --> 0:17:29.920
<v Speaker 1>angry she slammed her hand on the table. At one point.

0:17:30.000 --> 0:17:33.600
<v Speaker 1>According to a letter that grew phrase, lawyers put in

0:17:33.720 --> 0:17:37.200
<v Speaker 1>and said that she had knocked the slamming of the table,

0:17:37.280 --> 0:17:41.680
<v Speaker 1>had knocked the court reporters computer off the table. There's

0:17:41.720 --> 0:17:46.360
<v Speaker 1>been a lot of speculation about President Clinton. What did

0:17:46.480 --> 0:17:50.119
<v Speaker 1>she say about President Clinton. There's lots of rejections, but

0:17:50.240 --> 0:17:52.879
<v Speaker 1>one name that does show up is President Bill Clinton.

0:17:53.280 --> 0:17:55.439
<v Speaker 1>She was asked about if she'd ever phone on a

0:17:55.480 --> 0:18:00.280
<v Speaker 1>plane with him, and uh, she said she didn't. Eyed

0:18:00.359 --> 0:18:03.600
<v Speaker 1>an account by grew Frey that she Clinton never visited

0:18:03.640 --> 0:18:07.320
<v Speaker 1>Epstein to private Aisland and the Caribbeans. So she takes

0:18:07.359 --> 0:18:13.200
<v Speaker 1>every opportunity to slam grew Frey, saying Virginia is absolutely

0:18:13.240 --> 0:18:19.080
<v Speaker 1>totally lying and basically the cries and denies every allegation

0:18:19.160 --> 0:18:21.720
<v Speaker 1>that grew free mates and gew Fray did tell a

0:18:21.840 --> 0:18:26.199
<v Speaker 1>story several stories their accounts that were given. Um. She

0:18:26.320 --> 0:18:33.440
<v Speaker 1>says that Maxwell piloted uh private helicopter and flew Clinton

0:18:33.760 --> 0:18:36.919
<v Speaker 1>at one point, Maxwell says she does have a private

0:18:36.960 --> 0:18:40.639
<v Speaker 1>pilot's license, but she never flew Clinton. So it's a

0:18:40.720 --> 0:18:43.600
<v Speaker 1>kind of thing where there's these details that are pretty

0:18:43.600 --> 0:18:46.720
<v Speaker 1>extravagant if you think about the high flying life literally

0:18:46.880 --> 0:18:51.080
<v Speaker 1>of Jeffrey Epstein. Um, but a lot of these things

0:18:51.160 --> 0:18:55.760
<v Speaker 1>are very seeny and gritty, details about was gew Frey

0:18:56.000 --> 0:18:59.520
<v Speaker 1>victimized by Epstein and Maxwell? Let me ask you this one,

0:18:59.640 --> 0:19:03.439
<v Speaker 1>was has it in Clinton's name not redacted? When Prince

0:19:03.480 --> 0:19:07.520
<v Speaker 1>Andrew's name was redacted, wasn't it? Yeah? There's so there's

0:19:07.520 --> 0:19:10.520
<v Speaker 1>an account that Giuffrey tells, and I think by now

0:19:10.520 --> 0:19:14.240
<v Speaker 1>many people have seen. She wrote a first person story

0:19:14.280 --> 0:19:18.080
<v Speaker 1>about her life and gave interviews and that Shannon encounter

0:19:18.200 --> 0:19:21.320
<v Speaker 1>with Prince Andrew, who is a friend of Galenn Maxwell

0:19:21.720 --> 0:19:24.400
<v Speaker 1>when she was seventeen, And there's even a photo now

0:19:24.440 --> 0:19:27.680
<v Speaker 1>that's famous where Prince Andrew has her his arm around

0:19:27.680 --> 0:19:31.159
<v Speaker 1>her waist and they're in Maxwell's townhouse. So in the

0:19:31.240 --> 0:19:36.800
<v Speaker 1>transcripts you actually see references to Blank and London town

0:19:36.840 --> 0:19:40.080
<v Speaker 1>house and did you know how long have you known Blank?

0:19:40.280 --> 0:19:42.920
<v Speaker 1>And so those redactions appear to line up with the

0:19:43.000 --> 0:19:48.320
<v Speaker 1>story we know allegedly about her encounters with Prince Andrew,

0:19:48.680 --> 0:19:53.600
<v Speaker 1>including a second encounter in New Mexico. Why Clinton's name

0:19:53.840 --> 0:19:57.560
<v Speaker 1>is not redacted, it's unclear whether that was just clumsiness

0:19:58.040 --> 0:20:02.280
<v Speaker 1>or you know, it's there's nothing untoward about it. So

0:20:02.560 --> 0:20:04.840
<v Speaker 1>when did you see him? No, I didn't see him.

0:20:04.880 --> 0:20:06.879
<v Speaker 1>Did you ever see him on a plane yet? Is

0:20:06.960 --> 0:20:10.439
<v Speaker 1>she denied everything. Why did her attorneys fight so hard

0:20:10.720 --> 0:20:14.600
<v Speaker 1>to keep this deposition from being, you know, revealed to

0:20:14.640 --> 0:20:19.760
<v Speaker 1>the press. That's a great question. It's unclear why she

0:20:19.760 --> 0:20:24.320
<v Speaker 1>would have fought so hard. I guess they're concerned that

0:20:25.400 --> 0:20:30.640
<v Speaker 1>Mr and Mrs Westchester County couples, who people who show

0:20:30.720 --> 0:20:32.959
<v Speaker 1>up on put for jury duty on the day her

0:20:33.000 --> 0:20:36.359
<v Speaker 1>trial is supposed to start, and start hearing that this

0:20:36.560 --> 0:20:40.240
<v Speaker 1>is a woman who's already accused of something pretty unseemly, right,

0:20:40.359 --> 0:20:44.960
<v Speaker 1>sex trafficking girls as young as fourteen decades ago and

0:20:45.080 --> 0:20:49.320
<v Speaker 1>providing them, you know, and snaring them for Epstein. That's

0:20:49.400 --> 0:20:53.920
<v Speaker 1>already unseemly. You know whether or not this testimony couldn't

0:20:53.960 --> 0:20:56.560
<v Speaker 1>be used. But I guess the worry for her was

0:20:56.800 --> 0:21:01.560
<v Speaker 1>anyone who might read this might feel it's such a

0:21:01.760 --> 0:21:05.240
<v Speaker 1>toxic subject. It would paint her in people's eyes as

0:21:05.280 --> 0:21:10.480
<v Speaker 1>being completely innocent of any wrongdoing. So she's accused by

0:21:10.480 --> 0:21:14.520
<v Speaker 1>the prosecutors of lying, and it's in relation to this deposition.

0:21:14.920 --> 0:21:18.200
<v Speaker 1>Do you know which parts of the deposition they're accusing

0:21:18.200 --> 0:21:21.840
<v Speaker 1>her of lying in? Yes, it's when she's asked if

0:21:21.880 --> 0:21:25.640
<v Speaker 1>she ever witnessed Epstein in the company or in with

0:21:25.920 --> 0:21:30.960
<v Speaker 1>a underage minor girl and engaged any sexual activity, and

0:21:31.000 --> 0:21:34.959
<v Speaker 1>she said absolutely not. She also denies being present for

0:21:35.040 --> 0:21:37.359
<v Speaker 1>any of it. She said she never saw him with

0:21:37.480 --> 0:21:41.399
<v Speaker 1>underage girl. She answers the question when at one point

0:21:41.440 --> 0:21:44.760
<v Speaker 1>when she's asked, do you ever see any underage girls

0:21:44.840 --> 0:21:48.040
<v Speaker 1>at Epstein's island, which now we've heard from more than

0:21:48.080 --> 0:21:51.360
<v Speaker 1>two dozen accusers that you know, it was a haven

0:21:51.480 --> 0:21:54.800
<v Speaker 1>for Epstein to just run him up allegedly, but this

0:21:54.880 --> 0:21:58.440
<v Speaker 1>is according to multiple victims. Um She says she never

0:21:58.440 --> 0:22:00.919
<v Speaker 1>saw anything at all, and she's had many of my

0:22:01.920 --> 0:22:05.119
<v Speaker 1>friends have children, and it's sort of like an odd

0:22:05.160 --> 0:22:09.440
<v Speaker 1>answer that, you know, the apropos of nothing. So she

0:22:09.680 --> 0:22:13.600
<v Speaker 1>adamantly denies. She comes out kind of imperious and haughty

0:22:13.880 --> 0:22:17.119
<v Speaker 1>in her tone. Even the reading of the transcript so

0:22:17.200 --> 0:22:21.879
<v Speaker 1>the government used This was highly contested by Maxwell's lawyers.

0:22:21.960 --> 0:22:25.320
<v Speaker 1>They claimed the government got their hands improperly got their

0:22:25.359 --> 0:22:30.199
<v Speaker 1>hands on the sealed transcripts as and use them as

0:22:30.240 --> 0:22:34.000
<v Speaker 1>a basis to bring perjury charges. So the government says

0:22:34.119 --> 0:22:37.560
<v Speaker 1>Maxo lied on nine separate occasions, and it's a basis

0:22:37.600 --> 0:22:40.360
<v Speaker 1>for two perjury counts against her, saying she lied under

0:22:40.440 --> 0:22:44.000
<v Speaker 1>oath I don't know anything about this while i'mdoing I

0:22:44.080 --> 0:22:47.320
<v Speaker 1>never saw Epstein in the company of underage girls. I

0:22:47.440 --> 0:22:52.000
<v Speaker 1>never witnessed any abuse of these underage girls. And um,

0:22:52.040 --> 0:22:55.080
<v Speaker 1>they fought very hard to keep this from getting them sealed,

0:22:55.200 --> 0:22:58.320
<v Speaker 1>and they even went to the federal appeals court to

0:22:58.400 --> 0:23:01.960
<v Speaker 1>try to keep it under steal. And they also argued

0:23:02.160 --> 0:23:06.720
<v Speaker 1>that they had evidence the government had improperly accessed this information.

0:23:07.359 --> 0:23:10.760
<v Speaker 1>But the government does have access to federal grand jury subpoenas,

0:23:10.760 --> 0:23:13.239
<v Speaker 1>so there is a possibility they could have moved to

0:23:13.240 --> 0:23:18.040
<v Speaker 1>get the documents unsealed. And then they saw the testimony

0:23:18.320 --> 0:23:22.520
<v Speaker 1>and realized that, according to their witnesses, she's lying, so

0:23:22.600 --> 0:23:24.720
<v Speaker 1>that they hit her with two perjury counts for that.

0:23:25.000 --> 0:23:31.719
<v Speaker 1>There's another deposition transcript that hasn't been opened. Yeah, and

0:23:31.800 --> 0:23:35.800
<v Speaker 1>it's unclear how long this one is. Um, this one

0:23:35.960 --> 0:23:39.439
<v Speaker 1>was allegedly four pages, when when it finally got to us,

0:23:39.480 --> 0:23:42.560
<v Speaker 1>it was about four hundred sixty pages, and it's from April.

0:23:42.960 --> 0:23:46.800
<v Speaker 1>And there's a later deposition that Maxwell's lawyer that grew phrase.

0:23:46.880 --> 0:23:51.040
<v Speaker 1>Lawyers argued, look judged she never answered the questions properly.

0:23:51.359 --> 0:23:54.359
<v Speaker 1>Here's what she told us. Here's why we think we

0:23:54.440 --> 0:23:56.879
<v Speaker 1>need to question her again, and they put like a

0:23:57.000 --> 0:24:00.280
<v Speaker 1>dossier together of why they what they will looking for,

0:24:00.520 --> 0:24:03.520
<v Speaker 1>and what their theory was and what was really interesting

0:24:03.600 --> 0:24:07.080
<v Speaker 1>in these documents. It almost looks like a roadmap the

0:24:07.240 --> 0:24:11.159
<v Speaker 1>government followed to build their case against Maxwell. You know,

0:24:11.320 --> 0:24:13.720
<v Speaker 1>their theory of the case was that she was part

0:24:13.760 --> 0:24:17.040
<v Speaker 1>of it. She recruited these girls, she brought them in,

0:24:17.760 --> 0:24:20.280
<v Speaker 1>and it was based on this lawsuit that sort of

0:24:20.320 --> 0:24:25.119
<v Speaker 1>triggered this renewed look at Maxwell after Epstein, you know,

0:24:25.160 --> 0:24:29.320
<v Speaker 1>play guilty in Florida to state charges and got to

0:24:29.359 --> 0:24:33.040
<v Speaker 1>do as time part time in jail in Florida. You know,

0:24:33.119 --> 0:24:37.080
<v Speaker 1>she had access to millions and millions of dollars. Can

0:24:37.160 --> 0:24:40.600
<v Speaker 1>you tell from this where she got her money? Now

0:24:40.800 --> 0:24:44.840
<v Speaker 1>it's totally unclear. I mean, her father allegedly was you know,

0:24:44.960 --> 0:24:51.159
<v Speaker 1>a newspaper baron, but died in under unusual circumstances and

0:24:51.240 --> 0:24:55.760
<v Speaker 1>a drowning, and it's unclear whether the family still had money.

0:24:55.920 --> 0:24:59.199
<v Speaker 1>She potentially has money from her parents, her family and

0:24:59.240 --> 0:25:02.560
<v Speaker 1>her father and the trust. But she bought a fifteen

0:25:02.600 --> 0:25:06.720
<v Speaker 1>million dollar townhouse in Manhattan on the Upper East Side,

0:25:07.080 --> 0:25:09.760
<v Speaker 1>very lovely, and you know where she got the money.

0:25:10.160 --> 0:25:13.640
<v Speaker 1>She says that Epstein helped her buy it. Where Epstein

0:25:13.680 --> 0:25:15.960
<v Speaker 1>got his money is also a question. So these are

0:25:15.960 --> 0:25:22.800
<v Speaker 1>all these very murky trans financial transactions that are unexplained.

0:25:23.000 --> 0:25:26.199
<v Speaker 1>Do we know what her defense is at trial? She's

0:25:26.440 --> 0:25:31.320
<v Speaker 1>um arguing that she's possibly a victim as well of Epstein,

0:25:32.040 --> 0:25:34.960
<v Speaker 1>that she came under his thrall right, now, what we

0:25:35.080 --> 0:25:41.119
<v Speaker 1>have seen is her lawyers fighting everything on civil fronts.

0:25:41.119 --> 0:25:45.520
<v Speaker 1>They're still fighting all the accusers, they're still going after them.

0:25:45.880 --> 0:25:49.920
<v Speaker 1>Most recently on Friday, they argued that the prosecutors had

0:25:49.960 --> 0:25:54.119
<v Speaker 1>built their case against her by basically relying on old

0:25:54.119 --> 0:25:57.919
<v Speaker 1>information against Epstein, and that they weren't being forthcoming and

0:25:57.960 --> 0:26:02.080
<v Speaker 1>providing her with the information she deserves to fight the case. Now.

0:26:02.119 --> 0:26:04.919
<v Speaker 1>Her trial is supposed to start next July, and the

0:26:05.000 --> 0:26:08.360
<v Speaker 1>government has been handing over tranches of evidence to her,

0:26:08.720 --> 0:26:11.840
<v Speaker 1>but they complained that they're not getting enough, and they

0:26:11.840 --> 0:26:14.639
<v Speaker 1>were going to the federal judge who's presiding over the

0:26:14.640 --> 0:26:18.280
<v Speaker 1>case to try to tweet the government into giving them more.

0:26:18.920 --> 0:26:22.760
<v Speaker 1>Thanks pat that's Bloomberg Legal reporter Patricia Hurtado, And that's

0:26:22.760 --> 0:26:25.080
<v Speaker 1>it for the edition of the Bloomberg Law Show. I'm

0:26:25.160 --> 0:26:27.480
<v Speaker 1>June Grosso. And this is Bloomberg