WEBVTT - Defeat from the Jaws of Victory 0:00:11.840 --> 0:00:14.560 Good morning, peeps, and welcome to ok F Daily with 0:00:14.680 --> 0:00:20.720 Meet your Girl Danielle Moody. Recording from my Brooklyn bunker. Folks, 0:00:20.920 --> 0:00:25.959 you know, I was thinking over the weekend and because 0:00:26.000 --> 0:00:29.240 there was a headline that I didn't pay attention to 0:00:29.640 --> 0:00:32.720 last week because I was so outraged by the state 0:00:32.720 --> 0:00:37.519 of the Union that I missed it. Did you know 0:00:38.800 --> 0:00:44.000 that that motherfucker Joe Manchin sat with Republicans last week? 0:00:44.760 --> 0:00:49.159 Did you all catch that? And so I'm looking, you know, 0:00:49.440 --> 0:00:54.000 through the news, and I was like, how was this not? 0:00:54.200 --> 0:00:56.160 I mean, of course, like what could be a bigger 0:00:56.200 --> 0:00:59.720 story than the fact that we're headed towards World War three? 0:00:59.760 --> 0:01:03.640 I have no idea, But when I think about people 0:01:03.680 --> 0:01:06.920 in the way that they want to defend Joe mansion 0:01:07.200 --> 0:01:09.200 and they want to talk about the fact that no 0:01:09.240 --> 0:01:11.440 one else could win in Virginia, and I'm like, this 0:01:11.520 --> 0:01:15.560 motherfucker is trolling us like out into public in the streets. 0:01:15.760 --> 0:01:18.520 You're not even sitting with your own team. You're actually 0:01:18.560 --> 0:01:22.720 sitting with the enemy who in that very chamber there 0:01:22.760 --> 0:01:26.200 were people that voted to decertify the man that was 0:01:26.200 --> 0:01:29.520 speaking in front of you, but you sat with them 0:01:30.120 --> 0:01:33.959 to show what exactly. I am so sick and tired, 0:01:34.280 --> 0:01:39.120 guys of this foe bipartisan bullshit. You know, I was 0:01:39.160 --> 0:01:44.240 thinking too about the fact that here we have Joe 0:01:44.240 --> 0:01:47.800 Biden wanted to tout the infrastructure bill, right, the only 0:01:47.840 --> 0:01:52.240 thing that his administration has been able to pass as 0:01:52.280 --> 0:01:55.600 this bipartisan and refer to Republicans as their friends. And 0:01:55.640 --> 0:01:58.520 I'm just like, the more that I sit with this, 0:02:00.080 --> 0:02:05.960 the more that I just get enraged at the state 0:02:06.080 --> 0:02:12.440 of stupidity and fuckery that we are in. That Democrats 0:02:12.800 --> 0:02:16.200 who are supposed to be We're supposed to be our 0:02:16.320 --> 0:02:20.280 saving grace from the hell scape that was the Trump 0:02:20.320 --> 0:02:25.320 administration are literally just taken out guns and shooting themselves 0:02:25.360 --> 0:02:29.280 in the foot, are just finding any way any way 0:02:29.480 --> 0:02:32.440 to lose. And this is the thing is that you know, 0:02:32.560 --> 0:02:35.160 you already know how this is going to play out 0:02:35.200 --> 0:02:39.200 in the next eight months. We know how Democrats are 0:02:39.200 --> 0:02:41.720 going to blame this, blame their loss in the midterm 0:02:41.760 --> 0:02:44.919 election once again on being too progressive, you know, giving 0:02:44.919 --> 0:02:47.440 the people the base too much of what it is 0:02:47.440 --> 0:02:52.040 that they want. Meanwhile, they gave us absolutely fucking nothing, right, like, 0:02:52.160 --> 0:02:56.840 absolutely not a goddamn thing, And it's going to be 0:02:57.000 --> 0:02:59.320 the same cycle of bullshit like, oh, we need to 0:02:59.400 --> 0:03:02.760 move for they're to the center. Republicans get to move 0:03:02.840 --> 0:03:05.800 as far off right as fucking possible off of a 0:03:05.840 --> 0:03:10.160 goddamn cliff, and we keep chasing behind them. The party 0:03:10.240 --> 0:03:14.120 keeps chasing behind them, moving us further and further. So 0:03:14.280 --> 0:03:18.680 their extreme What used to be considered a moderate Republican 0:03:18.840 --> 0:03:22.840 is now just the new Fengal Democrat and their plan 0:03:23.680 --> 0:03:26.560 is fucking winning. And it says if no one, no 0:03:26.600 --> 0:03:31.840 one is paying attention. So when I saw the headline 0:03:32.680 --> 0:03:36.880 with Joe Mansion and I'm just like, just become a Republican. 0:03:37.080 --> 0:03:41.920 Can you just change just change parties? I honestly I 0:03:42.000 --> 0:03:44.440 don't care. People say, oh my god, Danielle, then things 0:03:44.480 --> 0:03:47.160 will get so much worse. Uh huh, They're gonna get 0:03:47.200 --> 0:03:51.400 worse regardless, Right. I have said this so many times 0:03:51.400 --> 0:03:53.600 over that things are going to get bloodier in this 0:03:53.640 --> 0:03:56.240 country before they get better. We are headed into the 0:03:56.280 --> 0:04:01.320 fucking dark ages. Friends. Okay, so light a match, because 0:04:01.320 --> 0:04:03.240 that's the only light that you're going to be seeing. 0:04:03.840 --> 0:04:06.280 And so the idea here is just like, let's just 0:04:06.400 --> 0:04:09.560 all tell the fucking truth. Joe Mansion is not a Democrat. 0:04:09.760 --> 0:04:12.320 Joe Mansion doesn't sit with Democrats, he doesn't fucking vote 0:04:12.320 --> 0:04:15.920 with Democrats. So what exactly are we holding onto? Because 0:04:15.960 --> 0:04:20.640 the fifty fifty split is just that, right like, there 0:04:20.839 --> 0:04:26.440 is no power here, whatever power, whatever procedural power that 0:04:26.520 --> 0:04:30.479 Democrats have, they're not using, right Chuck Schumer is not 0:04:30.640 --> 0:04:33.640 using it. He's not using the power that he has 0:04:33.760 --> 0:04:35.720 right now in the way that Mitch McConnell would if 0:04:35.760 --> 0:04:39.520 there was a fifty fifty split. So, you know, I'm 0:04:39.560 --> 0:04:42.599 so tired of us pretending that these people are our 0:04:42.640 --> 0:04:46.359 friends when they're telling you, showing you out in fucking public, 0:04:46.560 --> 0:04:51.520 that they don't fuck with you. And it's obscene, obscene. 0:04:51.680 --> 0:04:54.800 Do you know what else is obscene? Fucking Merrick Garland 0:04:55.000 --> 0:05:00.440 sloth ass, That's what's obscene. This fucking slow walk in 0:05:00.560 --> 0:05:05.200 backwards motherfucker? Who has yet, who has yet with his 0:05:05.279 --> 0:05:09.480 Department of Justice to get us any type of justice 0:05:10.080 --> 0:05:13.600 with regard to the insurrection and the organizers of the insurrection. 0:05:13.800 --> 0:05:17.640 I don't care. I don't care anymore about the little people, 0:05:18.120 --> 0:05:20.640 right the little foot soldiers that went in and shit 0:05:21.040 --> 0:05:23.080 inside of the Capital. Bill, I don't give a fuck. 0:05:23.600 --> 0:05:26.719 I care about the people that brought them there. So 0:05:26.800 --> 0:05:32.279 now we have right the one six Commission doing literally 0:05:32.440 --> 0:05:37.640 all of the heavy lifting, over five hundred interviews, right, 0:05:38.640 --> 0:05:43.800 millions of documents lining up the fact and saying so 0:05:43.920 --> 0:05:48.919 in a California court that there was criminal activity, that 0:05:49.000 --> 0:05:53.560 the former president of the United States committed crimes, he 0:05:53.720 --> 0:05:58.479 defrauded the American people. You would think that after this 0:05:58.560 --> 0:06:03.640 bombshell news drop last week, that Merritt Garland's Justice Department 0:06:03.640 --> 0:06:10.360 would be announcing the seizure of American oligarchy, from the 0:06:10.440 --> 0:06:14.200 Murdocks to the Cookes, to the Trumps, to the Eastman's, 0:06:14.200 --> 0:06:19.159 to the mcconnells, to whomever they believe in suspect was 0:06:19.240 --> 0:06:23.200 in part of funding the fucking insurrection. But no, do 0:06:23.200 --> 0:06:26.520 you know what a task force that the Department of 0:06:26.520 --> 0:06:30.240 Justice decides to announce, Oh, the task force to go 0:06:30.279 --> 0:06:36.080 after the Russian oligarchs. They moved like this ten days 0:06:36.160 --> 0:06:39.760 into war. Ten days into war, and the Department of 0:06:39.800 --> 0:06:44.240 Justice created an entire task force to go after Russian oligarchs. 0:06:44.320 --> 0:06:48.680 We are a year, right, a year in three fucking 0:06:48.880 --> 0:06:52.760 months following the insurrection. Where the fuck is the Department 0:06:52.800 --> 0:06:56.279 of Justice's task force? Where the fuck was the press 0:06:56.320 --> 0:06:59.640 conference that he gave with his tepid bullshit that would 0:06:59.640 --> 0:07:02.120 tell us here's what it is that we're doing so 0:07:02.160 --> 0:07:07.560 that we can have some transparency and fucking accountability. But no, 0:07:08.520 --> 0:07:12.680 the only smoke that America has right, the only tough 0:07:12.720 --> 0:07:17.640 talk that they do is about other nations securing other 0:07:17.680 --> 0:07:23.559 countries democracies right now. Folks will say to me, you know, Danielle, well, 0:07:24.400 --> 0:07:26.840 you know, there's really there's a lot of important things 0:07:26.880 --> 0:07:30.560 going on. You know, we're talking about a potential nuclear crisis. 0:07:31.080 --> 0:07:35.880 If you don't think that the upending of America's democracy 0:07:36.400 --> 0:07:41.360 isn't just as dangerous as the potential fucking nuclear attacks 0:07:41.880 --> 0:07:44.960 that we are facing. If you do not think right, 0:07:45.240 --> 0:07:50.200 just imagine what would be happening right now if Donald 0:07:50.280 --> 0:07:53.400 Trump was president. Do you think that we would be 0:07:53.440 --> 0:07:57.640 working with NATO. No, we fucking would not. We would 0:07:57.680 --> 0:08:02.000 be working with Putin Right, America would have formed a 0:08:02.120 --> 0:08:06.920 new access of evil. This is what we are talking 0:08:06.920 --> 0:08:10.000 about when we say that the state of our democracy, 0:08:10.040 --> 0:08:13.680 the fate of the free world is resting on what 0:08:13.760 --> 0:08:16.240 it is that the Department of Justice is choosing not 0:08:16.400 --> 0:08:21.760 to do. They want to talk about, oh, securing institutions 0:08:21.800 --> 0:08:24.880 and agencies and all of this bullshit, and at the 0:08:24.960 --> 0:08:30.560 same time going and putting full weight money and resources 0:08:30.600 --> 0:08:35.160 into getting Russian oligarchs and doing nothing about the Trump 0:08:35.240 --> 0:08:40.640 family that literally literally we know our frauds. Everything they 0:08:40.720 --> 0:08:46.520 touch has been shut down, folks, Right, Their university shut 0:08:46.559 --> 0:08:50.920 down because it was a fucking money grammed scheme, just 0:08:51.120 --> 0:08:55.480 like their entire time in the White House. But it's 0:08:55.480 --> 0:08:59.280 as if Merrick Garland and everybody just wants us to 0:08:59.320 --> 0:09:03.720 forget about it. Let's turn the page, Let's turn the page. 0:09:06.000 --> 0:09:11.360 It is mind boggling where we are mind boggling to 0:09:11.440 --> 0:09:15.000 me because you have the only people that are doing 0:09:15.040 --> 0:09:19.800 work right now are people without the actual teeth to 0:09:19.840 --> 0:09:23.600 bring criminal charges. So we have a couple of cases, right, 0:09:23.640 --> 0:09:26.640 we know that Alvin Bragg, the new Manhattan DA ain't 0:09:26.679 --> 0:09:29.920 doing dick right because we had the two prosecutors that 0:09:30.040 --> 0:09:33.640 quit two weeks ago, right who By the way, when 0:09:33.679 --> 0:09:35.720 we talk with our friend Glenn Kushner in a minute, 0:09:35.920 --> 0:09:41.040 Glenn will tell us that Alvin Bragg, when Foyer requests 0:09:41.040 --> 0:09:44.040 came in, Freedom of Information Act came in to say 0:09:44.080 --> 0:09:47.840 they reporters want to see the fucking resignation letters of 0:09:47.840 --> 0:09:51.560 the two prosecutors that quit. Well, guess what he's saying. 0:09:51.600 --> 0:09:54.880 Oh no, there is pertinent and important information in there 0:09:55.400 --> 0:09:58.800 specific to the investigation, so it can't be released. How 0:09:58.880 --> 0:10:01.360 much you want to bet that the fucker's just really 0:10:01.679 --> 0:10:07.920 worried about how their resignation letters will make him look. Right, 0:10:08.200 --> 0:10:13.440 and I keep saying, follow the money. Why did Alvin Bragg, right, 0:10:13.600 --> 0:10:17.720 who is backed by Bloomberg and others, why did he 0:10:17.800 --> 0:10:23.200 decide after his predecessor called for a special grand jury 0:10:23.600 --> 0:10:26.079 to sit for a longer period of time, Because that's 0:10:26.080 --> 0:10:31.520 how much evidence there is to indict Donald Trump, that 0:10:31.640 --> 0:10:34.560 then he would get in and decide that, oh no, 0:10:34.640 --> 0:10:37.439 we're not going to do this. Who gave to his campaign? 0:10:38.800 --> 0:10:44.360 Check his fucking bank accounts. I'm just tired, folks, I'm 0:10:44.400 --> 0:10:51.760 exhausted by this bullshit. I'm exhausted by these people that 0:10:51.840 --> 0:10:55.480 have power and don't do anything. So we have Tish James, right, 0:10:55.559 --> 0:10:59.600 we still got Tish James. But Tish James is dealing 0:10:59.600 --> 0:11:04.320 with a civil suit. That's not jail time, right, that's 0:11:04.360 --> 0:11:07.920 shutting down Trump organization. That's maybe millions of dollars in 0:11:08.080 --> 0:11:10.880 fines and shuttering their business. But guess what, They will 0:11:10.920 --> 0:11:13.800 just pop up under a new shingle with a different name. 0:11:15.679 --> 0:11:23.080 We need fucking prosecution for crimes, crimes against the people 0:11:23.160 --> 0:11:26.240 of this country. Not only have we talked about it 0:11:26.280 --> 0:11:28.560 so many times with Glenn about the fact that he 0:11:28.600 --> 0:11:32.800 believes that there is a criminal negligent case in terms 0:11:32.840 --> 0:11:38.840 of COVID. Right, Donald Trump knew how dangerous COVID was, 0:11:39.080 --> 0:11:42.960 he knew how transmissible it was in December of twenty nineteen, 0:11:44.360 --> 0:11:46.960 and he did nothing except lie to the American people 0:11:47.040 --> 0:11:49.160 and tell us that it was a hoax, tell the 0:11:49.200 --> 0:11:54.520 world that it was a democratic hoax. Now we're at 0:11:54.520 --> 0:11:59.480 almost a million people dead. No one is being held 0:11:59.480 --> 0:12:03.400 responsible for that. And my question is why you know, 0:12:03.440 --> 0:12:06.640 And I said this last week on Woke Wednesday, I said, 0:12:06.760 --> 0:12:10.960 you know, the problem here is money in politics. That's 0:12:11.000 --> 0:12:16.120 the problem is that everybody is being paid off, right, 0:12:16.840 --> 0:12:21.080 everyone is being paid off. And we are hoping what 0:12:21.280 --> 0:12:24.960 that these people are going to investigate themselves. We're hoping 0:12:25.000 --> 0:12:27.040 that magically they're just going to do the right thing 0:12:27.080 --> 0:12:34.920 because of what their morals. Oh, it's just you know, folks, 0:12:36.120 --> 0:12:40.760 there is so much cowardice that I am seeing right 0:12:40.800 --> 0:12:46.520 now from our leaders from these elected officials, and when 0:12:46.559 --> 0:12:51.839 we lose, when we lose in November, it isn't going 0:12:51.880 --> 0:12:56.360 to be Republicans faults. It isn't because we have nothing 0:12:56.400 --> 0:13:00.640 to show. We have nothing to show. I have no 0:13:00.720 --> 0:13:03.200 idea what those people were standing up and clapping for. 0:13:03.800 --> 0:13:06.440 With the state of the Union. I'll say it again, 0:13:06.480 --> 0:13:11.120 the state of our Union is basura. It is trash trash. 0:13:13.800 --> 0:13:17.160 But everybody's walking around like everything is a okay, like 0:13:17.200 --> 0:13:23.920 our impending doom as we're watching war unfold, right that, folks, 0:13:24.360 --> 0:13:27.680 what is happening there is going to happen here, except 0:13:27.679 --> 0:13:31.880 it's not going to be a foreign invasion and we're 0:13:31.920 --> 0:13:36.520 doing nothing to stop it, not one good goddamn thing. 0:13:38.280 --> 0:13:41.880 So in the coming weeks, in the coming months, is 0:13:41.960 --> 0:13:45.559 Merritt Garland gonna wake the fuck up? Right? Is Joe 0:13:45.640 --> 0:13:49.440 Biden gonna start to actually realize that these people that 0:13:49.480 --> 0:13:52.720 he keeps calling his friends are not that if given 0:13:52.720 --> 0:13:55.600 the opportunity, they would build the guillotine and hang his 0:13:55.679 --> 0:14:00.680 ass out front, that as soon as Republicans get power back, 0:14:01.000 --> 0:14:04.560 that they're going to begin impeachment proceedings and just base 0:14:04.679 --> 0:14:10.160 it on bullshit. And then everybody who's gonna once again 0:14:10.360 --> 0:14:14.160 look around all fucking shocked, like, oh my god, this 0:14:14.200 --> 0:14:16.520 came out of nowhere. I just I don't understand how 0:14:16.520 --> 0:14:24.000 it happened. Negligence is how it happened, folks. Coming up 0:14:24.080 --> 0:14:27.720 next is my conversation Weekly conversation. We're so grateful for 0:14:27.800 --> 0:14:30.840 his time with Glen Kershner, who is going to walk 0:14:30.920 --> 0:14:34.080 us through where we are with the one six Commission 0:14:34.120 --> 0:14:37.120 where he believes that the Department of Justice is going 0:14:37.160 --> 0:14:41.160 to end up and whether or not we're gonna see 0:14:41.800 --> 0:14:47.000 testimony right from Kimberly Gilfoyle, who is the coked up, 0:14:47.040 --> 0:14:51.840 fucking fiancee of the other the other coked up one 0:14:52.280 --> 0:14:55.320 Trump Junior, and see whether or not we're gonna get 0:14:55.360 --> 0:14:58.680 anything other than I plead the fifth over a hundred 0:14:58.720 --> 0:15:02.160 and fifty times like every other Trump spawn is done. 0:15:02.800 --> 0:15:10.320 That's coming up next, folks. I have been waiting for 0:15:10.400 --> 0:15:14.440 this conversation with our friend MSNBC legal analyst and host 0:15:14.480 --> 0:15:20.400 of Justice Matters Glenn Kirshner to walk us through the 0:15:20.480 --> 0:15:26.560 one six Commission's conclusion that they believe that Donald Trump 0:15:26.600 --> 0:15:34.400 and company, including Eastman, may have committed actual crimes and 0:15:34.480 --> 0:15:39.000 in saying so, in saying that Eastman may have committed crimes, 0:15:39.040 --> 0:15:43.080 meaning that he is no longer able to use his 0:15:43.240 --> 0:15:49.840 privilege right of confidentiality between him and Donald Trump. Glenn, 0:15:50.240 --> 0:15:53.240 make us make this make sense? Is this? Should we 0:15:53.400 --> 0:15:58.360 be energized by this? Should we get excited? Or should 0:15:58.360 --> 0:16:02.280 I not go head out too far on the limb 0:16:02.280 --> 0:16:05.080 with this latest reporting from the Commission in the New 0:16:05.160 --> 0:16:11.440 York Times, this is a decidedly good development. But even 0:16:11.480 --> 0:16:15.640 more important than this development in isolation, as I'm with 0:16:15.880 --> 0:16:18.720 Joy last night doing a pretty extended one on one 0:16:18.880 --> 0:16:21.880 for which I was grateful, and I told her, I said, 0:16:21.880 --> 0:16:26.200 you know, this has actually brought something into full focus 0:16:26.200 --> 0:16:28.680 for me. Maybe I'm a little slow on the uptake, 0:16:28.800 --> 0:16:32.840 but here's what we can now say. We have three 0:16:32.880 --> 0:16:38.400 coequal branches of government. Only one has the power to 0:16:38.520 --> 0:16:42.120 prosecute people. But let's look at what the other two 0:16:42.320 --> 0:16:47.800 have said and done regarding Donald Trump's crimes. How Select 0:16:47.840 --> 0:16:56.560 Committee one is conducting this unbelievably deep, broad, far reaching investigation. 0:16:57.040 --> 0:17:00.040 I don't care call it what you will. It's a 0:17:00.040 --> 0:17:05.760 criminal investigation. And what that investigation has produced after more 0:17:05.760 --> 0:17:10.920 than five hundred and fifty witnesses and countless documents is 0:17:10.960 --> 0:17:14.960 a court filing and I have it here John Eastman 0:17:15.160 --> 0:17:19.520 versus Benny Thompson and Danielle This court filing was signed 0:17:19.600 --> 0:17:22.919 by more than a dozen lawyers, some of whom I 0:17:23.040 --> 0:17:28.800 know well and worked with. These are deadly serious people. 0:17:30.080 --> 0:17:33.879 There is not a Roodie or a Sydney Powell anywhere 0:17:34.040 --> 0:17:39.240 near the signature page of this mega pleading in federal court. 0:17:39.960 --> 0:17:44.000 In this pleading, it says how Select Committee has developed 0:17:44.040 --> 0:17:49.360 evidence that Donald Trump committed fraud against the United States, 0:17:49.440 --> 0:17:53.640 against the people of the United States, and obstructed the 0:17:53.720 --> 0:18:00.159 congressional proceeding designed to give Joe Biden his win. But 0:18:00.440 --> 0:18:07.320 the House Select Committee, Congress, the legislative branch, can't prosecute anybody, 0:18:07.840 --> 0:18:11.000 but they're acting as prosecutors. Let's shift over to the 0:18:11.040 --> 0:18:15.600 other coequal branch of government, the judiciary. Judges have been 0:18:15.640 --> 0:18:21.080 screaming from the rooftops in the cases where the foot soldiers, 0:18:21.119 --> 0:18:25.719 the people who breached the capital are being prosecuted. They said, listen, 0:18:25.840 --> 0:18:30.119 Department of Justice, we understand that you're prosecuting the people 0:18:30.160 --> 0:18:34.000 who actually invaded the capital and committed crimes, and we 0:18:34.040 --> 0:18:40.560 appreciate that, but they are but pawns in Donald Trump's game, 0:18:41.240 --> 0:18:46.800 and then recently, Federal Court Judge A meet Meta said 0:18:46.840 --> 0:18:51.520 that Donald Trump's conduct on January six is quote the 0:18:52.000 --> 0:18:58.800 essence closed, quote of a conspiracy. But the judiciary can't 0:18:58.840 --> 0:19:02.600 prosecute anybody, Danielle, I'm not going to say two branches 0:19:02.600 --> 0:19:05.920 of government can't be wrong, because they probably can. But 0:19:06.040 --> 0:19:11.440 they're not wrong. They are yelling and screaming and documenting 0:19:11.680 --> 0:19:17.600 and filing in court serious legal pleadings saying Donald Trump 0:19:17.760 --> 0:19:22.760 committed crimes against the United States. And from the Department 0:19:22.760 --> 0:19:26.360 of Justice, the only of the three branches of government 0:19:26.359 --> 0:19:32.920 that has the power to prosecute people, we hear nothing crickets. 0:19:33.000 --> 0:19:37.679 All of this in combination, Danielle tells me the Department 0:19:37.720 --> 0:19:43.359 of Justice cannot decline to prosecute Donald Trump. They can't. 0:19:44.040 --> 0:19:48.040 They can't. They will prosecute him when they will do it, 0:19:48.440 --> 0:19:50.800 How they will do it, Will they do it in 0:19:50.880 --> 0:19:55.640 time to save our democracy? Those are open questions. But 0:19:55.960 --> 0:20:01.200 I will bet everything in my bank account much that 0:20:01.480 --> 0:20:06.600 they will. You went above a dollar glen one dollar 0:20:06.720 --> 0:20:09.919 betting limit that time they will prosecute him. The other 0:20:09.960 --> 0:20:12.280 two branches of government are saying, we've got the goods 0:20:12.560 --> 0:20:17.159 the federal government has the goods DJ move out. And 0:20:17.320 --> 0:20:20.080 Merrick Garland stepped to the mic the other day yesterday, 0:20:20.080 --> 0:20:22.919 I think, or the day before, in a rare you know, 0:20:23.040 --> 0:20:27.000 showing of a sign of life, and said, we are 0:20:27.040 --> 0:20:32.520 going to fight like Keck to protect Ukrainian democracy. I sweitt, 0:20:32.880 --> 0:20:34.960 I don't forge, I don't forgrudge him. This is not 0:20:35.000 --> 0:20:38.439 a criticism. I want us involved in the fight on 0:20:38.480 --> 0:20:42.360 behalf of the Ukrainian people fight, broadly speaking, one way 0:20:42.440 --> 0:20:44.840 or another. I want to help our brothers and sisters 0:20:45.080 --> 0:20:50.000 in Ukraine. But come on, Sport, how about you? You 0:20:50.160 --> 0:20:54.479 fight just as hard for American democracy. So it's coming, 0:20:55.320 --> 0:20:57.879 you know. I know it's coming. I know it's coming 0:20:58.400 --> 0:21:01.000 because of what the other two who equal branches of 0:21:01.040 --> 0:21:05.199 government have said and done and found. It's coming. I 0:21:05.200 --> 0:21:06.640 just don't know if it's going to be soon enough. 0:21:07.200 --> 0:21:11.440 Glenn walk us through the court filing and why this quote? 0:21:11.520 --> 0:21:14.720 Like why did they file? Why why was this file 0:21:15.000 --> 0:21:17.840 filed in court? Like what what? What is it? What 0:21:17.920 --> 0:21:21.240 does that actually mean? Um? And and is and is 0:21:21.320 --> 0:21:25.879 this normal? Is this normal proceeding for a commission? Because 0:21:26.080 --> 0:21:30.400 I want the listeners to really understand, like why this 0:21:30.440 --> 0:21:34.960 step was taken. Sure, So John Eastman is a treasonoust 0:21:35.200 --> 0:21:39.920 lawyer who authored a memo. It was a blueprint how 0:21:39.960 --> 0:21:45.080 to corruptly overturn the elections results. That wasn't the express title, 0:21:45.160 --> 0:21:49.840 but that was the substance, right, the memo, And so naturally, 0:21:50.000 --> 0:21:52.520 Oh and by the way, let me add he went 0:21:52.560 --> 0:21:55.879 on TV and said, and I can almost quote him verbatim, 0:21:56.359 --> 0:22:01.120 anybody who thought my memo should have been taken seriously 0:22:02.040 --> 0:22:05.920 is crazy. That's his word. So what does that tell us? 0:22:06.359 --> 0:22:09.600 He knows just how guilty he is. That demonstrates his 0:22:09.680 --> 0:22:13.840 consciousness of guilt walking away from his own legal memo. 0:22:14.240 --> 0:22:16.960 He's going to get God, He's going to be Yeah, yeah, 0:22:17.040 --> 0:22:21.119 I believe so. Not surprisingly, the House Select Committee subpoened 0:22:21.200 --> 0:22:23.960 him because they wanted to hear all about you know 0:22:24.040 --> 0:22:26.800 how he came to write this treasonous memo and help 0:22:26.880 --> 0:22:31.000 his friend Donald Trump try to corruptly retain power. He 0:22:31.760 --> 0:22:36.240 and they subpoened documents from him, emails and text messages 0:22:36.280 --> 0:22:40.960 and all sorts of communications that would assist the House 0:22:40.960 --> 0:22:45.240 Select Committee in its investigation. And he sued. He said, nope, 0:22:45.320 --> 0:22:48.440 I'm filing suit to stop you from getting all that stuff. 0:22:48.440 --> 0:22:51.800 You can't have my emails or my phone records or anything. 0:22:52.520 --> 0:22:55.399 And so that was actually helpful because it gave the 0:22:55.440 --> 0:22:59.320 House Select Committee the opportunity to file a response to 0:22:59.480 --> 0:23:04.720 his suit. And the response said, guess what, you can't 0:23:04.800 --> 0:23:10.080 invoke attorney client privilege to keep to keep from giving 0:23:10.160 --> 0:23:13.320 us these things we have subpoena because there's a little 0:23:13.359 --> 0:23:18.200 thing called the crime fraud exception. We have evidence that 0:23:18.560 --> 0:23:23.000 you and Donald Trump were involved in committing crimes and 0:23:23.240 --> 0:23:26.199 fraud together. So you don't get to hold up the 0:23:26.280 --> 0:23:29.720 shield of attorney client privilege and say you can't have 0:23:29.840 --> 0:23:33.280 the incriminating evidence that I have in my possession that 0:23:33.400 --> 0:23:36.440 you have now subpoena. So that's just the crime fraud 0:23:36.440 --> 0:23:39.680 exception is just one of the reasons the How Select 0:23:39.680 --> 0:23:44.080 Committee puts in this pleading as to why John Eastman's 0:23:44.119 --> 0:23:49.080 claims fail. So that's procedurally how we got where we are, okay, 0:23:49.240 --> 0:23:52.359 And so Eastman's lawyer, right, according to the article in 0:23:52.359 --> 0:23:56.440 the New York Times, Eastman's lawyer is coming out and saying, well, 0:23:56.600 --> 0:24:00.479 this is obviously their favorite refrain, a witch hime, and 0:24:00.600 --> 0:24:04.920 that the Commission is saying that there is there's potential 0:24:04.960 --> 0:24:09.200 criminal or fraud here so that they can get him 0:24:09.240 --> 0:24:13.200 out of the attorney client privilege and that so now 0:24:13.359 --> 0:24:15.919 is the burden of proof put back on the commission 0:24:16.160 --> 0:24:20.359 to then prove that there is actual criminal activities so 0:24:20.440 --> 0:24:23.440 that they get his documents. Where do we go from here? 0:24:23.800 --> 0:24:29.080 So now this will be litigated, and I think technically 0:24:29.080 --> 0:24:32.280 in this civil proceeding, the burden of proof will be 0:24:32.359 --> 0:24:35.880 on the person resisting the subpoena got it, and he'll 0:24:35.920 --> 0:24:39.120 have to prove. But it's all going to be part 0:24:39.119 --> 0:24:42.240 and parcel of an evidentiary hearing. I assume if the 0:24:42.320 --> 0:24:45.359 judge orders an evidentiary hearing, judges can do two things. 0:24:45.560 --> 0:24:48.680 They can decide the issue on the papers, which means 0:24:48.680 --> 0:24:51.080 they can just look at the two pleadings and the 0:24:51.119 --> 0:24:54.840 attachments to the two pleadings. They usually will attach affidavits 0:24:54.840 --> 0:24:57.520 and other information. And if the judge says, you know what, 0:24:57.680 --> 0:25:01.600 I've reviewed it all and the decision in this case 0:25:01.720 --> 0:25:05.120 is absolutely clear. And if and if they do that, 0:25:05.280 --> 0:25:07.960 I predict they will rule in favor of the House 0:25:08.000 --> 0:25:10.719 Select Committee, not in favor of John Eastman. Or they 0:25:10.760 --> 0:25:13.359 could say, you know what, there's a contested issue of 0:25:13.480 --> 0:25:16.560 fact that I need to resolve with an evidentiary hearing 0:25:16.600 --> 0:25:19.400 before I can make my ruling, and then he'll set 0:25:19.400 --> 0:25:23.119 a hearing in the case. So that's kind of procedurally 0:25:23.240 --> 0:25:25.600 how this is going to play out. But listen, John Eastman, 0:25:25.680 --> 0:25:27.840 as a set out on page one of this pleading, 0:25:28.200 --> 0:25:31.040 went into the House Select Committee and he pleaded his 0:25:31.119 --> 0:25:33.680 Fifth Amendment right against self incrimination one hundred and forty 0:25:33.680 --> 0:25:37.040 six times. So he's not starting from a place of 0:25:37.080 --> 0:25:39.760 strength when he's trying to say, oh, there's no crime 0:25:39.760 --> 0:25:44.360 fraud here, no crime fraud, well Sport, you just invoked 0:25:44.400 --> 0:25:48.160 the fifth one forty six times, which means you're truthful. 0:25:48.960 --> 0:25:52.280 Testimony would tend to incriminate you. So listen, John Eastman 0:25:52.320 --> 0:25:55.679 will lose. It's just a question of how quickly you know, 0:25:55.840 --> 0:25:59.040 here's my thing too, and you know you you mentioned 0:25:59.080 --> 0:26:02.280 it a little bit before or and I do not 0:26:02.480 --> 0:26:06.520 hide my anger and rage at Merrick Garland and this 0:26:06.680 --> 0:26:11.440 Department of Justice when they decided to come out full 0:26:11.480 --> 0:26:16.040 force against the Russian oligarchs. Right, we're going to seize yachts. 0:26:16.080 --> 0:26:18.120 We're going to do this, We're gonna do that. I 0:26:18.160 --> 0:26:22.080 tweeted Glenn, and I said, so what about the American 0:26:22.119 --> 0:26:27.879 oligarchs that funded the insurrection. There were chartered buses that 0:26:27.960 --> 0:26:32.480 were leaving from multiple states, right Like, there were hotels 0:26:32.560 --> 0:26:35.680 that were paid for. There were I mean, there were 0:26:35.760 --> 0:26:41.280 things like where is where is the logic here that 0:26:41.359 --> 0:26:44.640 we would put this kind of smoke and energy at 0:26:44.760 --> 0:26:50.240 Russian oligarchs and defending democracy in Ukraine and that kind 0:26:50.280 --> 0:26:53.040 of energy. I have been saying since the beginning, follow 0:26:53.119 --> 0:26:57.520 the goddamn money. Where is the where the insurrection was funded? 0:26:58.560 --> 0:27:03.720 Why haven't we been following money? Like I just I 0:27:03.880 --> 0:27:09.760 don't I don't understand, like how much longer the Department 0:27:09.760 --> 0:27:12.679 of Justice can twiddle their fingers And what I'm starting like, 0:27:12.760 --> 0:27:15.720 and again I'm not a conspiracy theorist, but what I'm 0:27:15.760 --> 0:27:19.040 starting to wonder is who else is entwined in this? 0:27:19.320 --> 0:27:23.360 Why they're slow walking? Yeah? Right? Like does this make 0:27:23.440 --> 0:27:26.840 sense at this point that the Commission has done more 0:27:26.880 --> 0:27:32.520 heavy lifting than our Department of Justice. It's a great 0:27:32.560 --> 0:27:36.680 point because we have two things working in combination that 0:27:36.880 --> 0:27:42.639 are killing our view of the legitimacy of our institutions. 0:27:43.000 --> 0:27:46.680 It is the inaction, as you point out, but it's 0:27:46.800 --> 0:27:51.560 coupled with a lack of transparency. Those two things in 0:27:51.680 --> 0:27:57.480 combination are corrosive to the public's confidence in our institutions, 0:27:57.720 --> 0:28:01.119 because if there's inaction, you're not moving out. When we 0:28:01.160 --> 0:28:04.720 have all seen the crimes Donald Trump committed in the 0:28:04.760 --> 0:28:09.200 harsh light of day, that's bad enough. But if there's 0:28:09.200 --> 0:28:14.480 no transparency regarding that inaction. If they could step to 0:28:14.520 --> 0:28:19.639 the mic and convincingly say, listen, friends, this is why 0:28:20.760 --> 0:28:26.719