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Speaker 1: Who do you hold responsible for the uptick and left

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Speaker 1: wing violent hunt the radical left rhetoric, the radical.

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Speaker 2: They're very low IQ people.

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Speaker 3: Actually, you're listening to the forty seven Morning Update with

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Speaker 3: Ben ferguson.

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Speaker 1: Good Friday morning. Nice to have you with us on

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Speaker 1: the forty seven Morning Update. And there's one big story

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Speaker 1: coming out of the White House, and that is this.

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Speaker 1: The former FBI director James Comy has been indicted on

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Speaker 1: two major counts. He could spin up to five years

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Speaker 1: in prison if he is convicted. So what is behind

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Speaker 1: these indictments and when did it actually happen. I'm gonna

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Speaker 1: Smarter Metal Investing starts with them. It's the forty seven

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Speaker 1: Morning Update and it starts right now.

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Speaker 3: Story number one.

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Speaker 1: It is massive news. The former FBI director James Komy

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Speaker 1: has been indicted. And before I give you all those details,

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Speaker 1: a big question that the media is not talking about

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Speaker 1: is this, is there a history of James Komy leaking? Well,

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Speaker 1: that's what this whole indictment is about, leaking information to

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Speaker 1: the media and then lying about it. We know for

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Speaker 1: a fact that James Komy leaked records to Columbia professor

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Speaker 1: so it would hit the New York Times that prompted

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Speaker 1: the Russia Gate Special Council to be named. Yes, that

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Speaker 1: actually happened. He was trying to shop a story of

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Speaker 1: Russian collusion that the FBI had already described is user generated,

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Speaker 1: and he shopped it to the media to try to

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Speaker 1: induce a special counsel to go after Donald Trump. He

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Speaker 1: disclosed a memo we know to a professor at Columbia

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Speaker 1: Law School with a plan to have him share it

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Speaker 1: to the New York Times. This is just some of

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Speaker 1: the history of the corruption of James Comy. Well, now,

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Speaker 1: the former FBI director, James Comy has been indicted on

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Speaker 1: two counts, charges that were brought before the statue of

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Speaker 1: limitations expired. And this is a man who now wants

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Speaker 1: you to feel sorry for him, claiming that he's some

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Speaker 1: sort of persecuted political victim. Now, there's also a very

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Speaker 1: important back and forth between James Comy from about five

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Speaker 1: years ago with Senator Ted Cruz. You may have seen

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Speaker 1: it or heard it already, but Senator Cruz and I

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Speaker 1: set down to talk about just how important that back

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Speaker 1: and forth could be. And here's part of our conversation.

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Speaker 1: All right, So, Senator I want to start with this clip,

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Speaker 1: and I think this is a great starting point for

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Speaker 1: this indictment of the former REPBI director James Comy. This

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Speaker 1: is you questioning Comy back in September of twenty twenty.

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Speaker 1: This is the back and forth between the two of you.

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Speaker 1: Everyone listening, This is really an important part of history

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Speaker 1: now and going to probably be an important part of

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Speaker 1: this case.

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Speaker 2: To another topic. On May third, twenty seventeen, in this committee,

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Speaker 2: Chairman Grassley asked you, point blank, quote, have you ever

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Speaker 2: been an anonymous source in news reports about matters relating

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Speaker 2: to the Trump investigation of the Clinton investigation? You responded

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Speaker 2: under oath quote never. He then asked you, quote, have

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Speaker 2: you ever authorized someone else at the FBI to be

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Speaker 2: an anonymous source in news reports about the Trump investigation

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Speaker 2: or the Clinton administration? You responded again under oath no. Now,

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Speaker 2: as you know, mister McCabe who works for you as

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Speaker 2: public life and repeatedly stated that he leaked information to

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Speaker 2: the Wall Street Journal and that you were directly aware

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Speaker 2: of it and that you directly authorized it. Now, what

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Speaker 2: mister McCabe is saying and what you testify to this

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Speaker 2: committee cannot both be true. One or the other is false.

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Speaker 2: Who's telling the truth.

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Speaker 4: I can only speak to my testimony. I stand by

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Speaker 4: what the testimony you summarized that I gave in May

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Speaker 4: of twenty seventeen.

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Speaker 2: So your testimony is you've never authorized anyone to leak,

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Speaker 2: and mister mccab if he says contrary, is not telling

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Speaker 2: the truth. Is that correct?

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Speaker 4: Again, I'm not going to characterize Andy's testimony, but mine

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Speaker 4: is the same.

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Speaker 2: Today, all right, I'm going to make a final point

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Speaker 2: because my time has expired. This investigation of the president

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Speaker 2: was corrupt. The FBI and the Department of Justice were

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Speaker 2: politicized and weaponized. And in my opinion, there are only

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Speaker 2: two possibilities that you were deliberately corrupt or wilfully incompetent,

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Speaker 2: and I don't believe you were incompetent. This has done

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Speaker 2: severe damage to the professionals and the honorable men and

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Speaker 2: women at the FBI because law enforcement should not be

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Speaker 2: used as a political weapon.

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Speaker 1: All right, So you listen to that, and then you'll

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Speaker 1: look at the indictment. Count one false statement to the

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Speaker 1: US Senate that he had not quote authorized someone else

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Speaker 1: of the FBI to be an anonymous news source. Count

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Speaker 1: two call me obstructed the Senate Judiciary Committee's investigation through

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Speaker 1: his quote false and misleading statements. That is a big

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Speaker 1: smoking gun.

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Speaker 2: Well it is. It's the basis of the indictment, and

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Speaker 2: this will be the central focus of the trial. Now,

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Speaker 2: James Comy put out a statement tonight on Instagram, and

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Speaker 2: his statement is striking in that it is a political statement.

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Speaker 2: It is not a statement about the facts of the law.

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Speaker 2: So give a listen to what James Comby said this

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Speaker 2: evening in response to the indictment.

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Speaker 4: My family and I have known for years that there

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Speaker 4: are costs to standing up to Donald trum but we

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Speaker 4: couldn't imagine ourselves living any other way. We will not

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Speaker 4: live on our knees and you shouldn't either. Somebody that

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Speaker 4: I love dearly recently said that fear is the tool

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Speaker 4: of a tyrant, and she's right. But I'm not afraid,

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Speaker 4: and I hope you're not either. I hope instead you

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Speaker 4: are engaged, You are paying attention, and you will vote

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Speaker 4: like your beloved country depends upon it, which it does.

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Speaker 4: My heart is broken for the Department of Justice, but

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Speaker 4: I have great confidence in the federal judicial system, and

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Speaker 4: I'm innocent, So let's have a trial.

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Speaker 1: I love how he is a victim there and acting

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Speaker 1: like he's above all of this. But center, let's just

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Speaker 1: go back to three point thirty of twenty three, James

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Speaker 1: Comy tweeted out, quote, it's been a good day. That

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Speaker 1: is how I reacted it Trump being indicted in the

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Speaker 1: Alvin Bragg hush money case. So to act like he's

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Speaker 1: some sort of guy that's above all this. Look at

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Speaker 1: his own words.

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Speaker 2: Well, his statement he put out in response to this,

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Speaker 2: that could have been given by Chuck Schumer, Nancy Pelosi

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Speaker 2: or Keen Jeffries or any other political Democrat. And in

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Speaker 2: fact he makes a call come out and vote. It's

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Speaker 2: a get out the vote message. This is a former

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Speaker 2: director of the FBI. But to give you a sense

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Speaker 2: of just how much he loathes Donald Trump, this is

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Speaker 2: a former director of the FBI who tweeted out to

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Speaker 2: the world a picture of shells spelling out eighty six

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Speaker 2: forty seven, in other words, slang for kill the current

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Speaker 2: president of the United States, Donald Van Trump. To say,

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Speaker 2: calling for the murder of the sitting president is not

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Speaker 2: appropriate for the former FBI director in an ordinary time,

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Speaker 2: that would be such an obvious statement that no one

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Speaker 2: would even think to say it. But that's just how

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Speaker 2: much James Comy loathes Donald Trump. And understand and when

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Speaker 2: Trump became president, the first time. In January of twenty seventeen,

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Speaker 2: President Trump unfortunately made a serious mistake, which is he

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Speaker 2: left James Comy in office. In hindsight, on January twentieth,

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Speaker 2: twenty seventeen, President Trump should have called James Comy and

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Speaker 2: said thank you for your service to the nation. Your

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Speaker 2: services are no longer required. I am certain President Trump

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Speaker 2: wishes he had done that. I think the White House

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Speaker 2: team believed that Komy could focus on law enforcement, could

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Speaker 2: not be politicized, and that assumption proved to be in error.

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Speaker 2: James Comy presided over weaponizing and politicizing the FBI. He

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Speaker 2: was part of weaponizing and politicizing the Department of Justice,

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Speaker 2: and it was because they hated Donald Trump, and frankly,

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Speaker 2: they were angry at the American people for electing him

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Speaker 2: in twenty sixteen, and so the FBI set out to

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Speaker 2: try to attack and to try to ultimately remove from

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Speaker 2: office the President of the United States. Now, again this

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Speaker 2: should not bear saying, but it is not the job

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Speaker 2: of law enforcement to determine the will of the voters.

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Speaker 2: Is wrong, and the elected president should no longer be president.

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Speaker 2: But that's what Comy presided over. And so when I

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Speaker 2: listened to him say I weep for the Department of Justice.

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Speaker 2: It really is. You know, there's a Yiddish word hootspot.

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Speaker 2: And I got to say, James Comy really ought to

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Speaker 2: have a T shirt with that printed on it because

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Speaker 2: he is grieving for the Department of Justice. Why because

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Speaker 2: he has been indicted for what I think is clearly

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Speaker 2: a felony. And we're going to break down in just minutes,

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Speaker 2: why exactly this is a felony, what the crime is?

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Speaker 2: And I want to point out nowhere in his statement

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Speaker 2: does Comy get into the actual facts. Nowhere in the

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Speaker 2: statement does he get into what he did in Nowhere

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Speaker 2: in the statement does he get into law. He just

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Speaker 2: gives up political statement. He will not be on his knees.

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Speaker 2: He calls Trump a tyrant who was ruling by fear. Look,

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Speaker 2: this is an indictment that was returned by a grand

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Speaker 2: jury in the Commonwealth of Virginia, and it was returned

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Speaker 2: because of I believe clear evidence demonstrating Comy committed felonies.

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Speaker 1: Senator, I want to bring up a point that no

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Speaker 1: one in the media has brought up so far about

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Speaker 1: this indictment, and I brought it up on CNN, and

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Speaker 1: they were like all deer in headlights, there is something

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Speaker 1: about this case. And they were saying, oh, this is

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Speaker 1: just political retribution by Donald Trump that clearly they weren't

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Speaker 1: going to bring this case. He had to fire the

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Speaker 1: person in charge of this office in Virginia, had to

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Speaker 1: put in somebody that would weaponize the DOJ. Here's the

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Speaker 1: fact that most people don't know. James Comy's own son

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Speaker 1: in law was literally inside the prosecutor's office that was tasked.

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Speaker 1: Just think about this with indicting his father in law.

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Speaker 1: And so when you sit there and I look at this,

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Speaker 1: I'm like, man, the deep state got together to protect

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Speaker 1: James Comy at all costs. And as soon as the

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Speaker 1: indictment came out later in the day, James Comy's son

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Speaker 1: in law then gave his resignation letter because I guess

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Speaker 1: he just couldn't stop what was inevitable.

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Speaker 2: Well, and look, I think what should govern this case

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Speaker 2: is the facts and the law. And I believe James

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Speaker 2: Comy should have been indicted five years ago. And indeed

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Speaker 2: I called upon him to be indicted five years ago.

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Speaker 2: So let me lay out the facts. And in December

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Speaker 2: of twenty twenty. So the questioning that we played in

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Speaker 2: the first segment was from September thirtieth of twenty twenty.

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Speaker 2: And by the way, the reason the indictment was brought

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Speaker 2: right now is the statute limitations was going to run

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Speaker 2: next week, and so they had to bring it before

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Speaker 2: the end of the statute limitations or they would not

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Speaker 2: be able to charge him. But on December tenth of

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Speaker 2: twenty twenty, here's the letter that I sent to Bill Barr,

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Speaker 2: then Thettorney General of the United States and Christopher Ray,

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Speaker 2: who was then the director of the FBI. Days before

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Speaker 2: the presidential election in twenty sixteen, a Wall Street Journal

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Speaker 2: article quoted an anonymous source confirming the existence of a

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Speaker 2: probe into Hillary Clinton's use of a private email server

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Speaker 2: while serving as Secretary of State, an investigation that up

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Speaker 2: to that point, mister Comy and the FBI declined to confirm.

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Speaker 2: We now know that this leak was authorized by then

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Speaker 2: Deputy Director of the FBI Andrew McCabe. Mister McCabe initially

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Speaker 2: told FBI agents under oath that he did not authorize

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Speaker 2: the leak and he did not know who did, but

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Speaker 2: when confronted later with contrary evidence, he confessed both to

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Speaker 2: knowing about and authorizing the leak. We do not know, however,

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Speaker 2: whether and to what extent then FBI Director Comy was

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Speaker 2: aware of and authorized this leak after the fact. Mister

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Speaker 2: Komy has repeatedly stated, I'm sorry. Mister McCabe has repeatedly

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Speaker 2: stated that mister Komy knew of and effectively authorized the

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Speaker 2: leak by approving it. He told the Office of Inspector

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Speaker 2: General that quote, he and Komy discussed the October thirtieth

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Speaker 2: Wall Street Journal article in person on October thirty first,

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Speaker 2: twenty sixteen, and that at that meeting, quote, he told

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Speaker 2: Comy that he had authorized ad slash OPA and Special

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Speaker 2: Council to disclose the account of the August twelfth call

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Speaker 2: and did not say anything in any way to suggest

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Speaker 2: that it was unauthorized. According to mister McCabe, mister Komy

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Speaker 2: quote did not react negatively, just kind of accepted it

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Speaker 2: and quote thought it was a good idea that they

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Speaker 2: presented this information to the media. He again reiterated mister

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Speaker 2: Comy's involvement at a hearing last month at the Senate

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Speaker 2: Judiciary Committee. I asked mister McCabe, according to the Washington Times,

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Speaker 2: April eighteenth, twenty eighteen. Mister McCabe insisted that he told

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Speaker 2: his boss that he had authorized disclosure about the Clinton investigation,

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Speaker 2: but mister Comy has denied this claim, and mister McCabe

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Speaker 2: told investigators that mister Comy knew he had authorized disclosure

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Speaker 2: and agreed it was a good idea. Is that accurate?

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Speaker 2: Is that your testimony to this committee? Mister McCabe replied,

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Speaker 2: that is my recollection. Mister Comy, however, has sworn under

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Speaker 2: oath that he has neither authorized the leak nor knew

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Speaker 2: of mister McCabe's involvement. At a May twenty seventeenth hearing

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Speaker 2: before the Senate Judiciary Committee, Senator Grassley asked, mister Comy,

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Speaker 2: have you ever been an anonymous source in news reports

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Speaker 2: about matters relating to the Trump investigation or the Clinton investigation.

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Speaker 2: Mister Comy replied never. Senator Grassley then asked, have you

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Speaker 2: ever authorized someone else at the FBI to be an

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Speaker 2: anonymous source in news reports about the Trump investigation or

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Speaker 2: the Clinton administration? He testified no. And this October that

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Speaker 2: a Senate Judiciary Committee hearing, mister Komy testified in response

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Speaker 2: to my questioning quote. I stand by the testimony that

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Speaker 2: you summarized that I gave in May of twenty seventeen.

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Speaker 2: Mister Komy's denial in front of the Senate is consistent

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Speaker 2: with his statement to the OIG. He told the OIG

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Speaker 2: that quote, he recalled seeing this article, but he did

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Speaker 2: not know how the disclosure about the paidag call in

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Speaker 2: the October thirtieth article happened. He said that he was

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Speaker 2: quote very concerned about that part of the article. Komy

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Speaker 2: told OIG he considered the disclosure about the paidag's call

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Speaker 2: problematic because it related the sensitive FBI information. The OIG

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Speaker 2: report continues, quote, according to Kmy, he discussed the issue

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Speaker 2: with mccab after the article was published, and at the

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Speaker 2: time mccab quote definitely did not tell me that he

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Speaker 2: authorized the disclosure of the paidag call. Comy said that

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Speaker 2: mccab gave him the exact opposite impression. Mister Comy asserted

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Speaker 2: that he took from whatever communication they had that mister

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Speaker 2: McCabe wasn't involved in the leak. And here's what's critical.

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Speaker 2: Mister Kmy and mister McCabe's statements are irreconcilently contradictory. Mister

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Speaker 2: mccab says that he told mister Comy of the leak

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Speaker 2: and that mister Komy approved, effectively authorizing the leak after

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Speaker 2: the fact. Mister Comy, on the other hand, has said

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Speaker 2: that he neither authorized the leak nor knew of mister

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Speaker 2: McCabe's involvement. One of them is lying under oath a

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Speaker 2: federal crime eighteen USC. Section sixteen twenty one. The American

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Speaker 2: people deserve to know who those are the facts, and

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Speaker 2: it is a simple binary choice. Either James Comy lied

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Speaker 2: under oath and committed to felony, or Andrew McCabe lied

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Speaker 2: under oath or committed to felony. Because what they said

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Speaker 2: is precisely opposite. There is not a world in which

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Speaker 2: neither of them committed a felony. And the only choice

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Speaker 2: is which one broke the law by bringing this indictment. Obviously,

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Speaker 2: the Department of Justice has determined it was James Comy

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Speaker 2: who lied under oath and broke the law, and that's

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Speaker 2: what the trial will be all about.

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Speaker 1: All right, senat So here's what I've been hearing on

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Speaker 1: online from the media. They're like, hey, Donald Trump weighed

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Speaker 1: in on this too. Much, they're gonna get this thing

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Speaker 1: kicked out before it even goes to a judge. This

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Speaker 1: is a waste of the American taxpayer's dollars. And then

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Speaker 1: if that's noted up, they say, well, no one ever

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Speaker 1: gets indicted and they actually go forward and get a

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Speaker 1: conviction on someone in line to Congress because well, a

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Speaker 1: lot of people lie to Congress. And even if you

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Speaker 1: did lie, it may have been a mistake. It's gonna

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Speaker 1: be very hard to get a conviction. Break down how

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Speaker 1: this could roll out in court, what could happen.

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Speaker 2: Well, at the end of the day, the factual predicate

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Speaker 2: behind this crime is not terribly complicated. As I mentioned,

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Speaker 2: there's a direct contradiction between James Comey's testimony under oath

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Speaker 2: before the Senate and Andrew McCabe's testimony under oath before

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Speaker 2: the Senate. They cannot both be true. One or the

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Speaker 2: other is deliberately lying, And how do we know which

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Speaker 2: one is likely to be lying? Well, the FBI, in

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Speaker 2: all likelihood, possesses the information that confirms who's telling the

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Speaker 2: truth and who's lying. Indeed, if you look at the

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Speaker 2: account of what occurred, mckab initially told the same lie

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Speaker 2: that Komy did. Mckayb initially said he didn't link the information,

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Speaker 2: he didn't authorize it, and he didn't know who did.

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Speaker 2: But then the FBI All Inspector General confronted him with

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Speaker 2: contrary evidence. I don't know what the contrary evidence is,

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Speaker 2: but they put in front of him, mister McCabe, you

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Speaker 2: said you didn't leak this information. Well boom, here's the

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Speaker 2: evidence to the contrary And what did McCabe do. Oh crap,

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Speaker 2: you got me. Okay, you're right, I leaked it. I'm

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Speaker 2: the one who did it, and I talked to Comy

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Speaker 2: about it. I told him about it. So he admitted

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Speaker 2: that when he was caught in a lie. I don't

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Speaker 2: know specifically what confirming evidence the FBI and the Department

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Speaker 2: of Justice has, but they have enough that they caused

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Speaker 2: McCabe to reverse his first lie and instead to say, yes,

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Speaker 2: he did it, and Comy knew about it. And so

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Speaker 2: between the two, you know, it was interesting. When I

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Speaker 2: was questioning Comy, he said a couple of times, well,

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Speaker 2: I'm not going to characterize, as he put it, Andy's testimony. Well,

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Speaker 2: I get politically, that's a smart move not to characterize

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Speaker 2: Andy's testimony but you know what, his entire legal defense

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Speaker 2: is going to be, McCabe is lying because he doesn't

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Speaker 2: have an alternative. That's his only argument is when McCabe said,

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Speaker 2: under oath, good point that I know about it. Comy's

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Speaker 2: defense team is going to have to say McCabe was lying.

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Speaker 2: And by the way, mcab is going to be the

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Speaker 2: star witness at the prosecution. The prosecution is going to

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Speaker 2: put Andy McCabe on the stand and he's going to

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Speaker 2: ask them did you leak it? Now, I'm going to

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Speaker 2: predict Andy McCabe is going to say, yes, did you

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Speaker 2: talk to James Comy about it? Yes? Did he authorize it? Yes?

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Speaker 2: And the reason I'm going to predict he's going to

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Speaker 2: do all of that is because Andy McCabe testified to

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Speaker 2: that in front of Congress, and if he gives any

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Speaker 2: other answer, he'll be indicted for lying to Congress. So

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Speaker 2: he can't have it both ways. And I expect that

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Speaker 2: that Comy's lawyer will try to cross examine him and

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Speaker 2: we'll try to argue McCabe is lying. But it's very

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Speaker 2: difficult to see what I mcabe would have any incentive

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Speaker 2: to lie. He and Comy were thickest thieves. He was

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Speaker 2: only forced to admit the truth when confronted with contrary evidence. Again,

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Speaker 2: we don't know what that evidence is, but presumably the

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Speaker 2: FBI and the Department of Justice do so. I don't

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Speaker 2: know if it is contemporaneous phone calls, perhaps with the reporters.

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Speaker 2: I don't know if it is notes. I don't know

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Speaker 2: if it's emails. I don't know if it's testimony from

387
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Speaker 2: someone else at the FBI who said, hey, Andrew McCabe

388
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Speaker 2: told me to do this. But it is something, and

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Speaker 2: it was something that was compelling enough that it caused

390
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Speaker 2: Andrew McCabe to abandon line number one, and and so

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Speaker 2: at the end of the day, this is not a

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Speaker 2: complicated factual case. This is not some grand tapestry. It's

393
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Speaker 2: a he said, he said, she said. But you have

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Speaker 2: both testimonies under oath, and it's going to be a

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Speaker 2: question of what additional evidence is there to confirm who's

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Speaker 2: telling the truth and who's not. I also think I

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00:24:02,960 --> 00:24:07,960
Speaker 2: will be surprised if James Comy's lawyer puts him on

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Speaker 2: the stand. Now, under our justice system, the prosecution cannot

399
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Speaker 2: force a defendant to testify. But I'm going to predict

400
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Speaker 2: James Comy is not going to take the stand because

401
00:24:20,800 --> 00:24:24,120
Speaker 2: if he takes the stand, he can be cross examined,

402
00:24:24,119 --> 00:24:26,840
Speaker 2: and he does not want to be cross examined, because

403
00:24:26,880 --> 00:24:32,560
Speaker 2: this is someone who presided over weaponizing the Department of

404
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Speaker 2: Justice with the objective of taking out Donald J. Trump

405
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Speaker 2: and getting under oath, getting cross examined by a skilled

406
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Speaker 2: trial attorney, and again under oath. By the way, if

407
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Speaker 2: he lies in his trial testimony, he can be indicted

408
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Speaker 2: and prosecuted again for lying under oath. Again, I don't

409
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Speaker 2: think his lawyer will do that. And so at the

410
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Speaker 2: end of the day, look, the press is going to

411
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Speaker 2: go on and on and say, well, Trump hates James Comy.

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Speaker 2: That is certainly true. But being hated by the president

413
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Speaker 2: is not enough to exonerate you from criminal conduct. And

414
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Speaker 2: in this instance, I believe Comy should have been indicted

415
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Speaker 2: five years ago because it was clear he had deliberately

416
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Speaker 2: lied to Congress. And look, we started by playing my

417
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Speaker 2: cross examination. This wasn't an absent minded lie. This wasn't oh,

418
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Speaker 2: I'm not paying attention. This was careful, This was deliberate,

419
00:25:25,480 --> 00:25:28,960
Speaker 2: this was strategic, this was planned. I believe this was

420
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Speaker 2: James Comy saying, I face no accountability whatsoever. I can

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Speaker 2: lie under oath and no one's going to hold me

422
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Speaker 2: to account. And I think he feels he feels clever,

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Speaker 2: but he also feels vindicated. Listen, James Comy was someone

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Speaker 2: who I think fancied himself as j Edgar Hoover. He

425
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Speaker 2: fancied himself as as an incredibly powerful director of the FBI,

426
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Speaker 2: empowered to remove the tyrant. That's what he said in

427
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Speaker 2: his statement tonight that he thinks Trump is a tyrant.

428
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Speaker 2: And I think when the American people elected him in

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Speaker 2: twenty sixteen, I think Comy was angry and he decided

430
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Speaker 2: he would use the power of the FBI to remove

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00:26:11,160 --> 00:26:14,720
Speaker 2: the president elected by the people. And so I think

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00:26:14,760 --> 00:26:18,399
Speaker 2: it is quite fitting that he is facing accountability for

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00:26:18,480 --> 00:26:23,760
Speaker 2: committing criminal conduct. Let me repeat, this indictment is not

434
00:26:23,920 --> 00:26:26,120
Speaker 2: for being an opponent of Donald Trump. It is not

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00:26:26,160 --> 00:26:30,880
Speaker 2: for being a political political figure on the other side

436
00:26:30,880 --> 00:26:35,360
Speaker 2: of Donald Trump. This indictment is for deliberately and knowingly

437
00:26:35,520 --> 00:26:38,199
Speaker 2: lying under oath to the United States Senate, which is

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00:26:38,240 --> 00:26:43,760
Speaker 2: a clear and unmistakable felony. And I think Comy, I

439
00:26:43,840 --> 00:26:46,879
Speaker 2: think the odds are good that comy will be convicted,

440
00:26:47,680 --> 00:26:49,919
Speaker 2: and I think if he's convicted, I think he's going

441
00:26:49,960 --> 00:26:50,960
Speaker 2: to serve jail time.

442
00:26:51,400 --> 00:26:54,440
Speaker 1: How much of it very quickly? Of his past we'll

443
00:26:54,440 --> 00:26:57,720
Speaker 1: come back to haunt him. He is a prolific guy

444
00:26:57,880 --> 00:26:59,840
Speaker 1: when it comes to leaking, he's a pro at. It's

445
00:26:59,840 --> 00:27:02,320
Speaker 1: not damages. He knows how to leak. Hell, he leaked

446
00:27:02,359 --> 00:27:05,360
Speaker 1: information that was apparently classified to make sure that there

447
00:27:05,440 --> 00:27:09,239
Speaker 1: was a special counsel that went after Donald Trump. We

448
00:27:09,320 --> 00:27:11,560
Speaker 1: know that for a fact. And it went to one

449
00:27:11,600 --> 00:27:14,080
Speaker 1: of his former law friends at a university that then

450
00:27:14,119 --> 00:27:17,200
Speaker 1: went to a newspaper. That is a fact. Will that

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00:27:17,280 --> 00:27:18,879
Speaker 1: come up? And then the other question I have for

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00:27:18,880 --> 00:27:21,880
Speaker 1: you quickly is this, will the testimony that the gay

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00:27:21,920 --> 00:27:25,400
Speaker 1: before Congress be used in court or literally? Will senators

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00:27:25,480 --> 00:27:27,960
Speaker 1: that interviewed him, would you guys go to court or

455
00:27:27,960 --> 00:27:29,720
Speaker 1: would they just use the testimony video?

456
00:27:30,280 --> 00:27:32,440
Speaker 2: Yeah, I think they would use the testimony. They would

457
00:27:32,480 --> 00:27:34,600
Speaker 2: read or play the testimony. I don't think you're going

458
00:27:34,640 --> 00:27:39,040
Speaker 2: to see senators testifying and the record is clear and objective,

459
00:27:39,040 --> 00:27:43,280
Speaker 2: and so everyone knows exactly what his testimony was. In

460
00:27:43,400 --> 00:27:45,920
Speaker 2: terms of his past pattern, I think it could certainly

461
00:27:45,960 --> 00:27:48,960
Speaker 2: come in the prosecution might try to bring it in

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00:27:49,440 --> 00:27:52,280
Speaker 2: to establish a pattern. That would be difficult. But I

463
00:27:52,280 --> 00:27:55,919
Speaker 2: think if Comey's lawyer argues, well, he couldn't possibly have

464
00:27:56,000 --> 00:27:59,200
Speaker 2: approved this, he never would have approved a leak, then

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00:27:59,280 --> 00:28:01,320
Speaker 2: I think the problem secution would be able to get

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00:28:01,320 --> 00:28:05,159
Speaker 2: all of that in as rebuttal to the defendant's argument.

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00:28:05,200 --> 00:28:06,879
Speaker 2: So I think it's more likely to come in as

468
00:28:06,880 --> 00:28:11,520
Speaker 2: rebuttal evidence than directly proving a pattern. But my guess

469
00:28:11,640 --> 00:28:14,399
Speaker 2: is one way or another that evidence is going to

470
00:28:14,440 --> 00:28:16,359
Speaker 2: come in, and you're right, there's a clear pattern. Comy

471
00:28:16,400 --> 00:28:18,919
Speaker 2: has a long pattern of relying on media leaks to

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00:28:19,000 --> 00:28:19,960
Speaker 2: advance his own.

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Speaker 3: Personal gen Thank you for listening to the forty seven

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Speaker 3: Morning Update with Ben Ferguson. Please make sure you hit

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00:28:26,040 --> 00:28:30,040
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00:28:30,119 --> 00:28:33,120
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Speaker 3: Ferguson podcast and we will see you back here tomorrow