1 00:00:00,160 --> 00:00:02,360 Speaker 1: Daniel Penny is now twenty six years old. 2 00:00:03,040 --> 00:00:05,840 Speaker 2: He is a marine who left class on May first, 3 00:00:05,920 --> 00:00:09,280 Speaker 2: twenty twenty three, boarded an uptown f train in Manhattan 4 00:00:09,320 --> 00:00:10,120 Speaker 2: to head to the gym. 5 00:00:11,000 --> 00:00:11,960 Speaker 1: And what did he see? 6 00:00:12,840 --> 00:00:16,320 Speaker 2: Jordan Neely, a guy with forty two prior arrests, including 7 00:00:16,360 --> 00:00:19,959 Speaker 2: four from alleged assault, who got on the same subway 8 00:00:20,000 --> 00:00:23,080 Speaker 2: train that day and said somebody is going to die today. 9 00:00:23,160 --> 00:00:24,840 Speaker 1: He said he was ready to go to rikers. 10 00:00:25,720 --> 00:00:30,600 Speaker 2: Witnesses described him as insanely threatening, sickening, a satanic bent. 11 00:00:31,160 --> 00:00:32,519 Speaker 1: They thought they were going to die that day. 12 00:00:33,720 --> 00:00:36,400 Speaker 2: They also saw a fight ensue between Daniel Penny, who 13 00:00:36,400 --> 00:00:37,800 Speaker 2: said that he had to stand up for the women 14 00:00:37,840 --> 00:00:40,159 Speaker 2: and children on that train who we had to protect. 15 00:00:40,760 --> 00:00:42,240 Speaker 1: Yet, Daniel Penny. 16 00:00:42,680 --> 00:00:46,639 Speaker 2: Is facing charges of second degree manslaughter and criminally negligent 17 00:00:46,680 --> 00:00:50,040 Speaker 2: homicide in the death of Jordaneely, the man who stepped 18 00:00:50,040 --> 00:00:52,080 Speaker 2: on the train that day and said somebody is going 19 00:00:52,120 --> 00:00:55,720 Speaker 2: to die. Yet, Daniel Penny, the marine, is the one 20 00:00:55,760 --> 00:00:57,080 Speaker 2: who's on trial right now. 21 00:00:58,080 --> 00:00:59,600 Speaker 1: So we're going to get into that case. 22 00:01:00,080 --> 00:01:01,960 Speaker 2: What do you need to know, what's happening with it, 23 00:01:02,040 --> 00:01:04,319 Speaker 2: what does it mean, and where is it going. We're 24 00:01:04,360 --> 00:01:07,200 Speaker 2: also going to get into this extremely broad pardon of 25 00:01:07,319 --> 00:01:10,800 Speaker 2: Joe Biden, this pardon of his son dating well beyond 26 00:01:10,959 --> 00:01:13,800 Speaker 2: the gun charges and the tax charges that Hunter faces. 27 00:01:14,400 --> 00:01:17,399 Speaker 2: Also going back to January first, twenty fourteen, one Hunter 28 00:01:17,520 --> 00:01:21,000 Speaker 2: joined the board of Brisma. So is Joe Biden Is 29 00:01:21,000 --> 00:01:23,600 Speaker 2: this just an act of fatherly love or is it 30 00:01:23,640 --> 00:01:24,960 Speaker 2: an act of self preservation. 31 00:01:25,520 --> 00:01:26,759 Speaker 1: We're going to get into all these. 32 00:01:26,640 --> 00:01:29,399 Speaker 2: Topics with Andy McCarthy, who know from Fox News. He's 33 00:01:29,400 --> 00:01:32,120 Speaker 2: a Fox News contributor. He's also a former Chief Assistant 34 00:01:32,200 --> 00:01:35,200 Speaker 2: US Attorney, a best selling author, and a contributing editor 35 00:01:35,400 --> 00:01:38,000 Speaker 2: National Review and a fellow at the National Review Institute. 36 00:01:38,040 --> 00:01:39,360 Speaker 1: We've had him on the show a bunch. 37 00:01:39,360 --> 00:01:42,520 Speaker 2: She always does a great job explaining complicated matters in 38 00:01:42,600 --> 00:01:46,040 Speaker 2: ways that we can understand, so important topics. Stay tuned 39 00:01:46,040 --> 00:01:53,720 Speaker 2: for Andy McCarthy. Well, Andy, it's great to have you 40 00:01:53,720 --> 00:01:56,480 Speaker 2: on the show. I love having you on because I 41 00:01:56,520 --> 00:01:58,800 Speaker 2: always learn from you. And then you also have a 42 00:01:58,800 --> 00:02:01,680 Speaker 2: great job. You great job of sort of breaking down, 43 00:02:02,440 --> 00:02:05,280 Speaker 2: you know, complicated legal matters into a way that we 44 00:02:05,360 --> 00:02:08,639 Speaker 2: can digest as non lawyers. So I appreciate you taking 45 00:02:08,680 --> 00:02:09,720 Speaker 2: the time to come on the show. 46 00:02:10,320 --> 00:02:12,440 Speaker 3: It's always a pleasure, Lisa, thank you so much. 47 00:02:13,240 --> 00:02:16,280 Speaker 2: So I wanted to start with this Daniel Penny trial. 48 00:02:17,720 --> 00:02:21,040 Speaker 2: He's twenty six now facing charges of second degree manslaughter 49 00:02:21,240 --> 00:02:24,880 Speaker 2: and criminally negligent homicide and the death of Jordan Neely. 50 00:02:26,639 --> 00:02:28,920 Speaker 2: You know, first of all, I guess you know big picture, 51 00:02:29,280 --> 00:02:31,000 Speaker 2: you know, what do you make of the charges? And 52 00:02:31,040 --> 00:02:34,200 Speaker 2: then where do you think this thing is heading at 53 00:02:34,200 --> 00:02:37,440 Speaker 2: this point in the trial for Daniel Penny. 54 00:02:38,800 --> 00:02:45,480 Speaker 3: Well, I think as an old prosecutor, I recognize here 55 00:02:46,120 --> 00:02:52,040 Speaker 3: a prosecutor's trick with respect to the charges, and that 56 00:02:52,240 --> 00:02:58,200 Speaker 3: is brag I think, Lisa, this case is obviously one 57 00:02:58,200 --> 00:03:01,680 Speaker 3: that should never have been brought. And in terms of 58 00:03:02,520 --> 00:03:06,239 Speaker 3: prosecutorial discretion and the things that should weigh on whether 59 00:03:06,280 --> 00:03:08,760 Speaker 3: you would bring charges in a case like this, you know, 60 00:03:08,840 --> 00:03:14,600 Speaker 3: the old saying is, of course that when every second counts, 61 00:03:14,639 --> 00:03:18,480 Speaker 3: the police are only minutes away. Right in a place 62 00:03:18,600 --> 00:03:20,880 Speaker 3: like New York where you have a lot of crime, 63 00:03:21,960 --> 00:03:25,960 Speaker 3: it's going to be a much more dangerous city and 64 00:03:26,000 --> 00:03:30,040 Speaker 3: there'll be many more people fleeing from it if someone 65 00:03:30,200 --> 00:03:35,279 Speaker 3: like Daniel Penny, who is you know, capable and courageous, 66 00:03:35,840 --> 00:03:39,040 Speaker 3: is discouraged from intervening under circumstances where you have this 67 00:03:39,200 --> 00:03:43,720 Speaker 3: crazed lunatic who actually was just that of Rikers Island 68 00:03:44,240 --> 00:03:47,240 Speaker 3: after belting some old woman in the face and breaking 69 00:03:47,240 --> 00:03:50,000 Speaker 3: a bunch of bones in her face. She had done 70 00:03:50,240 --> 00:03:53,800 Speaker 3: I think he had done close to two years at 71 00:03:53,840 --> 00:03:58,000 Speaker 3: Rikers over that. So this isn't somebody I mean, Penny 72 00:03:58,040 --> 00:04:01,320 Speaker 3: obviously wouldn't have known that, but this is someone that 73 00:04:01,360 --> 00:04:04,720 Speaker 3: we have to speculate about whether this was a dangerous 74 00:04:04,720 --> 00:04:08,400 Speaker 3: person who's obviously a dangerous person and the people on 75 00:04:08,440 --> 00:04:12,920 Speaker 3: the subway were scared to death of them. And what 76 00:04:13,120 --> 00:04:15,480 Speaker 3: really galls me about the case. I know you asked 77 00:04:15,520 --> 00:04:17,320 Speaker 3: me about the charges, and I'll get back to them, 78 00:04:17,360 --> 00:04:21,640 Speaker 3: but there's not any indication at all in a common 79 00:04:21,680 --> 00:04:26,279 Speaker 3: sense way that this was a racial incident. A number 80 00:04:26,360 --> 00:04:29,560 Speaker 3: of the best witnesses for Penny in the case were 81 00:04:29,600 --> 00:04:33,800 Speaker 3: black people who were scared of what Neely was doing 82 00:04:34,600 --> 00:04:36,760 Speaker 3: on the subway and the threats that he was making 83 00:04:36,880 --> 00:04:39,400 Speaker 3: on the subway. And Penny was not the only one 84 00:04:39,400 --> 00:04:44,680 Speaker 3: who intervened. There were two other men who intervened in 85 00:04:44,800 --> 00:04:48,160 Speaker 3: helping Penny restrain this guy, and they were neither one 86 00:04:48,160 --> 00:04:52,000 Speaker 3: of them was white. And yet when you hear the 87 00:04:52,040 --> 00:04:57,800 Speaker 3: prosecutors from Bragg's office. Now, Bragg is the paragon progressive prosecutor, 88 00:04:57,880 --> 00:05:01,320 Speaker 3: right where everything in life is like race is their 89 00:05:01,480 --> 00:05:05,919 Speaker 3: full field explanation for every phenomenon on the planet. And 90 00:05:05,960 --> 00:05:09,200 Speaker 3: they've turned this thing into you know, the prosecuted keeps 91 00:05:09,240 --> 00:05:15,279 Speaker 3: calling Penny the white defendant, as if like race entered 92 00:05:15,480 --> 00:05:18,920 Speaker 3: into this under circumstances where it didn't. But the whole 93 00:05:18,960 --> 00:05:23,360 Speaker 3: reason for bringing the case is because Bragg's political base 94 00:05:24,240 --> 00:05:31,680 Speaker 3: are these woke progressives, and he's white and the guy 95 00:05:31,680 --> 00:05:33,880 Speaker 3: who died was black, and they don't need any other 96 00:05:34,160 --> 00:05:38,160 Speaker 3: explanation the oppressed, the oppressor lives, and the oppressed died. 97 00:05:38,200 --> 00:05:41,440 Speaker 3: That's their whole explanation for what happened here. So that's 98 00:05:41,880 --> 00:05:44,080 Speaker 3: the reason the case got brought, even though it doesn't 99 00:05:44,120 --> 00:05:47,640 Speaker 3: have anything to do with the reality of what happened 100 00:05:47,640 --> 00:05:54,920 Speaker 3: that day. The two charges, one is basically negligent homicide. 101 00:05:55,279 --> 00:05:57,640 Speaker 3: And if you're going to talk like common sense here, 102 00:05:58,400 --> 00:06:01,200 Speaker 3: the only real legal issue to me in the case. 103 00:06:01,520 --> 00:06:03,680 Speaker 3: And I say this having prefaced this, that I don't 104 00:06:03,680 --> 00:06:06,400 Speaker 3: think this case should have been brought at all. But 105 00:06:06,600 --> 00:06:09,440 Speaker 3: if you want to indulge a legal issue, the question 106 00:06:09,600 --> 00:06:16,040 Speaker 3: is once he had Once Penny had this nearly in 107 00:06:16,080 --> 00:06:21,320 Speaker 3: the chokehold, did he hold on for too long? And 108 00:06:22,560 --> 00:06:26,360 Speaker 3: there's no evidence that there was any cruelty about this 109 00:06:26,640 --> 00:06:31,480 Speaker 3: or anything like that. So it's strictly a question of negligence. 110 00:06:31,520 --> 00:06:36,080 Speaker 3: Would a reasonable person under the same circumstances have released 111 00:06:36,600 --> 00:06:42,560 Speaker 3: the hold out of appreciation that nearly could be in 112 00:06:42,600 --> 00:06:46,520 Speaker 3: a near death situation And that's really the issue. But 113 00:06:46,640 --> 00:06:53,040 Speaker 3: what Brad did here was he added a reckless homicide charge. 114 00:06:53,600 --> 00:06:56,599 Speaker 3: That's the second degree manslaughter, and I don't think there's 115 00:06:56,640 --> 00:07:00,680 Speaker 3: any evidence for recklessness in this case. To prove recklessness, 116 00:07:01,080 --> 00:07:05,320 Speaker 3: what you have to show is that the defendant fully 117 00:07:05,360 --> 00:07:12,840 Speaker 3: appreciated a risk of death and basically, with an evil purpose, 118 00:07:13,880 --> 00:07:20,280 Speaker 3: completely recklessly disregarded something that he appreciated might result in 119 00:07:20,320 --> 00:07:23,760 Speaker 3: the death of the person. That's not the evidence in 120 00:07:23,800 --> 00:07:28,000 Speaker 3: this case. And in fact, there's video of Penny speaking 121 00:07:28,040 --> 00:07:31,920 Speaker 3: with the police afterwards. He doesn't even know at that 122 00:07:32,040 --> 00:07:36,240 Speaker 3: point that Neely died. The police didn't tell him that, 123 00:07:36,560 --> 00:07:39,080 Speaker 3: and he's explaining himself in terms of I'm not trying 124 00:07:39,080 --> 00:07:40,680 Speaker 3: to hurt the guy, I'm just trying to protect the 125 00:07:40,720 --> 00:07:43,840 Speaker 3: people all around. There's no evidence of recklessness. But what 126 00:07:43,960 --> 00:07:50,200 Speaker 3: I think very cynically and callously Bragg did here was 127 00:07:50,240 --> 00:07:55,280 Speaker 3: he added the recklessness count, figuring that you might get 128 00:07:55,360 --> 00:08:00,720 Speaker 3: some people on the jury who basically feel like something 129 00:08:00,760 --> 00:08:03,880 Speaker 3: needs to be done to Penny because Neely died. And 130 00:08:03,920 --> 00:08:06,960 Speaker 3: I think if it was just a one count negligent 131 00:08:07,000 --> 00:08:10,840 Speaker 3: homicide case where you had to vote up or down, uh, 132 00:08:11,240 --> 00:08:14,360 Speaker 3: that ends up in an acquittal. But what Bragg is 133 00:08:14,400 --> 00:08:17,360 Speaker 3: hoping is that by adding the second count, if you 134 00:08:17,440 --> 00:08:19,880 Speaker 3: have some people on the jury who say something has 135 00:08:19,920 --> 00:08:23,040 Speaker 3: to be done here because Neely died, you'd have other 136 00:08:23,080 --> 00:08:27,880 Speaker 3: people on the jury who say, well, you know, we'll 137 00:08:27,920 --> 00:08:32,080 Speaker 3: equit him on recklessness, and then we can feel good 138 00:08:32,080 --> 00:08:36,120 Speaker 3: about convicting them on negligence because we parsed this carefully 139 00:08:36,160 --> 00:08:38,520 Speaker 3: and we were very fair and in the me you know, 140 00:08:38,600 --> 00:08:40,920 Speaker 3: that's what the that's what he did here. He took 141 00:08:41,559 --> 00:08:44,480 Speaker 3: a count Bragg did where I don't think there's any 142 00:08:44,520 --> 00:08:46,200 Speaker 3: evidence for it, but he threw it in there in 143 00:08:46,240 --> 00:08:48,080 Speaker 3: the hope that maybe it would induce the jury to 144 00:08:48,360 --> 00:08:54,800 Speaker 3: compromise into convicting him on the negligence. And I don't 145 00:08:54,840 --> 00:08:56,760 Speaker 3: know if it's going to work. It's you know, there's 146 00:08:57,080 --> 00:08:59,880 Speaker 3: there's been three days of jury deliberations. It's not a 147 00:09:00,040 --> 00:09:03,679 Speaker 3: complicated case, as you pointed out, it's two counts. I'm 148 00:09:03,720 --> 00:09:06,360 Speaker 3: not saying there aren't complications underlying it, but you know, 149 00:09:06,679 --> 00:09:09,120 Speaker 3: you can only talk so long about something that's only 150 00:09:09,120 --> 00:09:12,400 Speaker 3: two counts. And yet we're in the third day of deliberation. 151 00:09:12,600 --> 00:09:16,480 Speaker 3: So I fear that we're headed to hung jury. 152 00:09:16,960 --> 00:09:19,240 Speaker 2: Well, you know, and I think he could try him again, 153 00:09:19,280 --> 00:09:22,240 Speaker 2: but before we get to that, or he could bring. 154 00:09:22,600 --> 00:09:24,120 Speaker 1: Well I'll get to that in a second. I'll get 155 00:09:24,120 --> 00:09:24,679 Speaker 1: your take on that. 156 00:09:24,760 --> 00:09:27,320 Speaker 2: But you know, you had mentioned that this hinges on 157 00:09:27,520 --> 00:09:31,040 Speaker 2: if he held him a choke hold too long. But 158 00:09:31,080 --> 00:09:33,040 Speaker 2: what's interesting is when I was reading through some of 159 00:09:33,040 --> 00:09:36,040 Speaker 2: the witness accounts, one woman said it didn't look like 160 00:09:36,160 --> 00:09:39,440 Speaker 2: Daniel Penny really had control of the situation. Should mention 161 00:09:39,520 --> 00:09:42,240 Speaker 2: that there was a fight back and forth. And then also, 162 00:09:43,000 --> 00:09:45,520 Speaker 2: if you're Daniel Penny, would be led to believe that 163 00:09:45,720 --> 00:09:49,040 Speaker 2: Neelie was still alive because he was he still had 164 00:09:49,040 --> 00:09:52,280 Speaker 2: a pulse, and Lee had admitted that they didn't administer 165 00:09:52,400 --> 00:09:54,839 Speaker 2: mouth to mouth to him because they were worried because 166 00:09:54,880 --> 00:09:58,240 Speaker 2: Neelie was so you know, he was homeless, they knew 167 00:09:58,240 --> 00:10:01,840 Speaker 2: he was on drugs, they he probably had diseases, and 168 00:10:01,920 --> 00:10:04,520 Speaker 2: the police to not have the proper equipment for breath 169 00:10:04,520 --> 00:10:07,120 Speaker 2: to bread or mouth to mouth, and so they didn't 170 00:10:07,160 --> 00:10:10,120 Speaker 2: do that. And so if you're Daniel Penny, you know, one, 171 00:10:10,280 --> 00:10:12,120 Speaker 2: you'd had every right to believe that he's still alive 172 00:10:12,160 --> 00:10:15,479 Speaker 2: because he was. And then secondly, how do you determine 173 00:10:15,520 --> 00:10:17,520 Speaker 2: if the choke hold was too long? If there was 174 00:10:17,520 --> 00:10:20,480 Speaker 2: a fight that ensued and you have someone with drugs 175 00:10:20,480 --> 00:10:23,520 Speaker 2: in a system, which also leads to you know, other 176 00:10:23,720 --> 00:10:26,439 Speaker 2: behavioral issues, right, and so it's like, you know, how 177 00:10:26,440 --> 00:10:28,679 Speaker 2: do you that's such a subjective thing to say he 178 00:10:28,679 --> 00:10:31,200 Speaker 2: held him too long if there was a fight between them, 179 00:10:31,240 --> 00:10:33,040 Speaker 2: and witnesses didn't even feel like Penny had. 180 00:10:32,960 --> 00:10:33,840 Speaker 1: Controlled the situation. 181 00:10:34,480 --> 00:10:37,920 Speaker 3: Yeah, and Penny is still alive and if you release 182 00:10:38,000 --> 00:10:40,640 Speaker 3: the hold, he could recover and start fighting again, which 183 00:10:40,640 --> 00:10:42,600 Speaker 3: is always what the police are worried about in these 184 00:10:42,679 --> 00:10:45,160 Speaker 3: kinds of situations. I think the other thing you hit 185 00:10:45,200 --> 00:10:49,840 Speaker 3: on with that, Lisa, that's very important here is the 186 00:10:49,920 --> 00:10:54,360 Speaker 3: case is probably going to come down to whether whether 187 00:10:54,400 --> 00:10:57,680 Speaker 3: the jury concludes that what Penny did was justified or not. 188 00:10:58,040 --> 00:11:00,600 Speaker 3: But I think this is a very important issue of 189 00:11:00,679 --> 00:11:07,400 Speaker 3: causation lead to an acquittal, but it may be part 190 00:11:07,400 --> 00:11:09,559 Speaker 3: of the reason why at least some members of the 191 00:11:09,640 --> 00:11:11,480 Speaker 3: jury are like, there's no way that they're going to 192 00:11:11,720 --> 00:11:15,960 Speaker 3: vote to convict Penny. And that is, as you mentioned, 193 00:11:16,520 --> 00:11:21,400 Speaker 3: there were drugs in this guy's system. And it turns 194 00:11:21,440 --> 00:11:26,280 Speaker 3: out that the medical examiner did not do a toxicology 195 00:11:26,760 --> 00:11:31,160 Speaker 3: report and when she testified, and evidently the jury asked 196 00:11:31,200 --> 00:11:34,280 Speaker 3: for this testimony and it was read back to them 197 00:11:34,400 --> 00:11:37,400 Speaker 3: or that it was submitted to them for their deliberations, 198 00:11:37,400 --> 00:11:39,720 Speaker 3: but they're obviously there's some members of the jury that 199 00:11:39,720 --> 00:11:43,280 Speaker 3: are very curious about this. What the medical examiner said 200 00:11:43,880 --> 00:11:46,840 Speaker 3: was that even if there was enough fentanyl or whatever, 201 00:11:46,920 --> 00:11:49,480 Speaker 3: okay to it was that was in this guy's system 202 00:11:50,120 --> 00:11:53,800 Speaker 3: to put down an elephant, she saw enough from the 203 00:11:53,880 --> 00:11:56,360 Speaker 3: video to determine that it was to choke hold that 204 00:11:56,480 --> 00:12:00,120 Speaker 3: caused death and that's why she listed it as a homicide. 205 00:12:00,240 --> 00:12:03,319 Speaker 3: And my belief and I thought this was the case 206 00:12:03,360 --> 00:12:07,440 Speaker 3: in there's a different angle on this, but in the 207 00:12:07,440 --> 00:12:10,839 Speaker 3: George Floyd case, this was a big to do as well. 208 00:12:11,640 --> 00:12:15,480 Speaker 3: I think she didn't do the toxicology report because she 209 00:12:15,600 --> 00:12:19,960 Speaker 3: didn't want to create a reasonable doubt issue that it 210 00:12:20,080 --> 00:12:24,720 Speaker 3: wasn't the chokehold that caused death here. It was all 211 00:12:24,800 --> 00:12:28,760 Speaker 3: of the drugs that this guy had ingested, coupled with 212 00:12:29,120 --> 00:12:33,600 Speaker 3: the high tension situation that he caused on the subway 213 00:12:33,679 --> 00:12:36,080 Speaker 3: by carrying on the way that he did. And I 214 00:12:36,080 --> 00:12:39,000 Speaker 3: think there's some members of the jury who are apt 215 00:12:39,080 --> 00:12:42,120 Speaker 3: to say, it's not even an issue of whether the 216 00:12:42,240 --> 00:12:44,600 Speaker 3: choke did it or didn't do it, because this guy 217 00:12:44,679 --> 00:12:49,920 Speaker 3: had so much drugs in his system that we can't 218 00:12:49,960 --> 00:12:53,240 Speaker 3: say for sure that the choke hold is the reason 219 00:12:53,360 --> 00:12:57,040 Speaker 3: for his death. And they may be fortified in that 220 00:12:57,120 --> 00:12:59,160 Speaker 3: conclusion by the fact that the state went out of 221 00:12:59,200 --> 00:13:01,240 Speaker 3: its way not to give them that evidence. 222 00:13:01,640 --> 00:13:02,920 Speaker 1: We've got more with Andy, But. 223 00:13:03,000 --> 00:13:06,840 Speaker 2: First, the International Fellowship of Christians and Jews wishes you 224 00:13:06,920 --> 00:13:09,520 Speaker 2: a blessed beginning of the holiday season as you gather 225 00:13:09,559 --> 00:13:12,320 Speaker 2: with your families, grateful for the blessings that God has 226 00:13:12,320 --> 00:13:15,200 Speaker 2: given us all. But let's also remember those who are 227 00:13:15,240 --> 00:13:19,280 Speaker 2: facing unbelievable hardship in need of food, fellowship, and hope. 228 00:13:19,640 --> 00:13:22,240 Speaker 2: That includes the people of Israel, who are threatened daily 229 00:13:22,280 --> 00:13:25,199 Speaker 2: by attacks from enemies on all sides, and during these 230 00:13:25,240 --> 00:13:28,079 Speaker 2: hard times, Israelis are thankful to the Fellowship for food 231 00:13:28,120 --> 00:13:31,280 Speaker 2: and basic assistance, truly life saving aid, when the rest 232 00:13:31,320 --> 00:13:33,560 Speaker 2: of the world seems to have turned its back on them. 233 00:13:33,760 --> 00:13:36,040 Speaker 2: Your gift of just twenty five dollars will help provide 234 00:13:36,080 --> 00:13:38,600 Speaker 2: a food box to an elderly Jew or Jewish family 235 00:13:38,880 --> 00:13:40,520 Speaker 2: her suffering and in desperate need. 236 00:13:41,040 --> 00:13:42,559 Speaker 1: A gift of one hundred dollars. 237 00:13:42,320 --> 00:13:44,880 Speaker 2: Will help provide four of these life saving food boxes 238 00:13:45,240 --> 00:13:48,000 Speaker 2: this Christmas season. Please consider standing with Israel and the 239 00:13:48,080 --> 00:13:51,800 Speaker 2: Jewish people. Go to support IFJ dot org to make 240 00:13:51,840 --> 00:13:55,360 Speaker 2: a gift now that support ISDJ dot org. He call 241 00:13:55,480 --> 00:13:58,160 Speaker 2: to give it eight eight eight for eight eight IFCJ. 242 00:13:58,559 --> 00:14:01,400 Speaker 2: That's eight eight eight eight eight or three two five. 243 00:14:04,880 --> 00:14:07,840 Speaker 2: Is it a homicide? If you know? And I'm not 244 00:14:07,880 --> 00:14:09,680 Speaker 2: putting the blame on the police. I don't blame them, 245 00:14:09,960 --> 00:14:11,559 Speaker 2: you know, I'm not saying that they should have put 246 00:14:11,559 --> 00:14:14,559 Speaker 2: their their potential lives at risk and contracting diseases from 247 00:14:14,559 --> 00:14:18,080 Speaker 2: newly But is it a homicide if the police didn't 248 00:14:18,120 --> 00:14:22,000 Speaker 2: do everything they could to keep someone alive? Is there 249 00:14:22,040 --> 00:14:24,360 Speaker 2: not knowligence on behalf of the police in that instance? 250 00:14:24,760 --> 00:14:28,520 Speaker 3: Yeah, I shouldn't lapse into these terms that actually have 251 00:14:28,680 --> 00:14:33,080 Speaker 3: legal right, because there's there's there's like the rhetorical way 252 00:14:33,120 --> 00:14:35,680 Speaker 3: that we talk about homicide, right, and then there's the 253 00:14:35,720 --> 00:14:37,840 Speaker 3: technical legal what it what it means? 254 00:14:37,920 --> 00:14:40,760 Speaker 1: Right? Well, and I'm like legally blonde using uh, you 255 00:14:40,760 --> 00:14:41,320 Speaker 1: know these. 256 00:14:45,400 --> 00:14:47,480 Speaker 3: I'd love to I'd love to have something up there 257 00:14:47,480 --> 00:14:49,480 Speaker 3: that I could turn blonde or something, you know. But 258 00:14:51,000 --> 00:14:57,760 Speaker 3: but but homicide simply means that the determination was made 259 00:14:58,120 --> 00:15:05,560 Speaker 3: that the death was caused by another person. It doesn't 260 00:15:05,600 --> 00:15:10,480 Speaker 3: mean murder, it doesn't mean criminal homicide. All it means 261 00:15:10,720 --> 00:15:13,920 Speaker 3: is that the person didn't commit suicide that you know, 262 00:15:14,160 --> 00:15:17,880 Speaker 3: and that and the death was not an accident, although 263 00:15:17,880 --> 00:15:21,280 Speaker 3: it could have been an accident. All homicide means is 264 00:15:21,320 --> 00:15:26,480 Speaker 3: that an outside agent caused death. That is not a 265 00:15:26,520 --> 00:15:31,600 Speaker 3: way of reading into anybody's mind or reading into anybody's actions. 266 00:15:31,640 --> 00:15:35,840 Speaker 3: It's just a medical determination that's something other than the 267 00:15:35,880 --> 00:15:43,200 Speaker 3: person's own hand caused death. So what the medical examiner 268 00:15:43,280 --> 00:15:48,160 Speaker 3: determines is that an outside agent caused death, and she 269 00:15:48,320 --> 00:15:51,400 Speaker 3: drew the conclusion that it was the choke hold. Even 270 00:15:51,520 --> 00:15:56,280 Speaker 3: that is not an assignment of murder or criminal culpability. Because, 271 00:15:56,640 --> 00:15:59,080 Speaker 3: as we've been discussing, there's a lot of things that 272 00:16:00,120 --> 00:16:03,320 Speaker 3: went too that determination. Right, you can't have murder without intent, 273 00:16:03,480 --> 00:16:06,320 Speaker 3: although there's some I don't want to take us for 274 00:16:06,440 --> 00:16:09,000 Speaker 3: afield by talking about felony murder and all that other stuff, 275 00:16:09,040 --> 00:16:14,440 Speaker 3: which is simply stated, murder has to be an intentional homicide, 276 00:16:14,920 --> 00:16:18,640 Speaker 3: and then you get into these gradations of non intentional homicide. 277 00:16:19,000 --> 00:16:25,680 Speaker 3: So if you have reckless disregard for an obvious threat 278 00:16:25,920 --> 00:16:31,920 Speaker 3: of death, that's usually charged, as it was here, second 279 00:16:31,920 --> 00:16:36,840 Speaker 3: degree manslaughter. And the usual example for that that they 280 00:16:36,840 --> 00:16:40,000 Speaker 3: give in law school is like the person who shoots 281 00:16:40,000 --> 00:16:42,840 Speaker 3: a gun into a crowd. He's not aiming at any 282 00:16:42,880 --> 00:16:45,800 Speaker 3: particular person, he's not trying to kill any particular person, 283 00:16:46,040 --> 00:16:49,800 Speaker 3: but he's obviously caused a significant risk of death with 284 00:16:51,280 --> 00:16:55,880 Speaker 3: a very callous action, and for that you can you 285 00:16:55,880 --> 00:17:00,800 Speaker 3: can get a homicide a reckless homicide charge. And then 286 00:17:00,840 --> 00:17:07,119 Speaker 3: there are situations where people die because of some action 287 00:17:07,280 --> 00:17:11,680 Speaker 3: that you took. Nobody thinks that you intended to cause death, 288 00:17:12,040 --> 00:17:14,639 Speaker 3: no one thinks that you were reckless, that you had 289 00:17:14,640 --> 00:17:18,240 Speaker 3: a cavalier disregard for human life, but the judgment is 290 00:17:18,320 --> 00:17:21,560 Speaker 3: made that you did not exhibit the standard of care 291 00:17:22,000 --> 00:17:26,080 Speaker 3: that the average person would have exhibited under the circumstances, 292 00:17:26,119 --> 00:17:30,280 Speaker 3: and that's negligent homicide. So when we say something's a homicide, 293 00:17:30,280 --> 00:17:32,080 Speaker 3: wouldn't say it's necessarily a crime. 294 00:17:32,480 --> 00:17:34,720 Speaker 2: Well, because even if you go through this series of 295 00:17:34,760 --> 00:17:37,440 Speaker 2: events like so, you know, the duration of the troke 296 00:17:37,440 --> 00:17:40,360 Speaker 2: holding question, I feel like is negated by the sequence 297 00:17:40,359 --> 00:17:42,520 Speaker 2: of events, you know, particularly the fact that there was 298 00:17:42,520 --> 00:17:45,000 Speaker 2: a fight that ensued, because if you're fighting with someone, 299 00:17:45,440 --> 00:17:47,359 Speaker 2: you might hold them in a choke hold longer than 300 00:17:47,359 --> 00:17:49,080 Speaker 2: you would have if they're not fighting back. 301 00:17:49,160 --> 00:17:50,679 Speaker 1: So that's one, you know. 302 00:17:50,760 --> 00:17:53,879 Speaker 2: Secondly, you've got a farmer marine who's leaving class and 303 00:17:53,960 --> 00:17:56,360 Speaker 2: heading to the gym, who's you know, doing the right 304 00:17:56,400 --> 00:17:58,280 Speaker 2: things in his day, trying to better his a. 305 00:17:58,280 --> 00:18:00,760 Speaker 1: Life, gets on a train. You've got this. 306 00:18:00,760 --> 00:18:03,960 Speaker 2: Lunatic who said, you know, we know who has forty 307 00:18:03,960 --> 00:18:06,080 Speaker 2: two prior arrests. Obviously he didn't know that that day, 308 00:18:06,119 --> 00:18:08,040 Speaker 2: but he knows that. This guy gets on says someone 309 00:18:08,160 --> 00:18:09,800 Speaker 2: is going to die this day, or someone's going to 310 00:18:09,840 --> 00:18:10,359 Speaker 2: die today. 311 00:18:10,640 --> 00:18:11,880 Speaker 1: He's ready to go to rikers. 312 00:18:12,359 --> 00:18:16,560 Speaker 2: He's described as insanely threatening, sickening, a satanic bent. A 313 00:18:16,600 --> 00:18:20,080 Speaker 2: mother hid behind a stroller with her child. They thought 314 00:18:20,080 --> 00:18:22,400 Speaker 2: they were going to die that day. Your penny looking 315 00:18:22,440 --> 00:18:25,760 Speaker 2: around as a former marine worrying about women and children. 316 00:18:25,800 --> 00:18:27,800 Speaker 2: This is someone who signed up to serve her country, 317 00:18:27,880 --> 00:18:29,879 Speaker 2: feels like this is his duty to protect the people 318 00:18:29,920 --> 00:18:32,520 Speaker 2: on his train. And then you know, a fight ensues 319 00:18:32,520 --> 00:18:34,240 Speaker 2: with the guy who's got drugs in a system who 320 00:18:34,280 --> 00:18:36,200 Speaker 2: said that he is, you know, which. 321 00:18:36,040 --> 00:18:38,040 Speaker 1: Is probably clearly he was pretty obvious. 322 00:18:38,080 --> 00:18:40,760 Speaker 2: He was probably on something or mentally ill, saying someone's 323 00:18:40,800 --> 00:18:42,560 Speaker 2: going to die today, I'm ready to go to rikers. 324 00:18:42,680 --> 00:18:45,240 Speaker 2: So like, at that point, you know, I think feel 325 00:18:45,240 --> 00:18:47,600 Speaker 2: like the duration of the choke hold is sort of 326 00:18:47,720 --> 00:18:50,320 Speaker 2: negated to that point because at this point it's his 327 00:18:50,440 --> 00:18:53,320 Speaker 2: duty to protect the fellow train riders. And then also 328 00:18:53,359 --> 00:18:56,040 Speaker 2: after a fight being ensued, it would be his duty 329 00:18:56,080 --> 00:18:59,959 Speaker 2: to try to keep the guy subdued until you know, 330 00:19:00,119 --> 00:19:02,479 Speaker 2: some sort of other authority shows up, like the police, 331 00:19:03,240 --> 00:19:04,440 Speaker 2: to arrest him. 332 00:19:04,920 --> 00:19:09,600 Speaker 3: Yeah. I think what you just marshaled is what should 333 00:19:09,680 --> 00:19:16,160 Speaker 3: go into a determination in terms of exercising prosecutorial discretion 334 00:19:16,240 --> 00:19:19,080 Speaker 3: about whether to bring the charge in the first place, 335 00:19:19,640 --> 00:19:22,240 Speaker 3: and what you just laid out about all the things 336 00:19:22,240 --> 00:19:25,320 Speaker 3: that would go into you know, whether it nullified the 337 00:19:25,440 --> 00:19:28,199 Speaker 3: duration of the of the choke hold, or you know, 338 00:19:28,320 --> 00:19:33,160 Speaker 3: balanced it on some scale of the different equities here, 339 00:19:34,240 --> 00:19:39,359 Speaker 3: the bottom line is, if a prosecutor can't confidently say, uh, yet, 340 00:19:39,760 --> 00:19:43,080 Speaker 3: this guy caused the death and it was done in 341 00:19:43,119 --> 00:19:45,880 Speaker 3: a way that was sufficiently culpable that we really need 342 00:19:45,920 --> 00:19:48,320 Speaker 3: to charge it and let a jury decided. That's not 343 00:19:48,320 --> 00:19:50,679 Speaker 3: what's supposed to happen at this at the at the 344 00:19:50,760 --> 00:19:55,040 Speaker 3: point where a decision like this, which could ruin Penny's life, 345 00:19:55,320 --> 00:19:59,240 Speaker 3: right at the point that that decision has to be made, 346 00:20:00,280 --> 00:20:03,080 Speaker 3: that's supposed to be when the prosecutor decides whether to 347 00:20:03,080 --> 00:20:06,320 Speaker 3: bring the charge in the first place, not you know, 348 00:20:06,640 --> 00:20:09,320 Speaker 3: not whether you dump into the jury's lap something that 349 00:20:09,359 --> 00:20:13,560 Speaker 3: you as reasonably couldn't have decided yourself. And I think 350 00:20:13,560 --> 00:20:17,320 Speaker 3: an interesting thing, Lisa, that that I saw in looking 351 00:20:17,359 --> 00:20:23,600 Speaker 3: at the reporting today is that uh Neely's parent or 352 00:20:23,640 --> 00:20:28,600 Speaker 3: I guess his father has now has now sued Penny 353 00:20:29,160 --> 00:20:30,160 Speaker 3: for wrongful death. 354 00:20:31,119 --> 00:20:32,840 Speaker 2: And by the way, he has been totally out of 355 00:20:32,840 --> 00:20:37,639 Speaker 2: his life, Like clearly, you know, oh terrible father doesn't 356 00:20:37,680 --> 00:20:39,840 Speaker 2: care about your kid. Now you care about him when 357 00:20:39,920 --> 00:20:42,560 Speaker 2: there's money to make and you know, you get attention. 358 00:20:43,480 --> 00:20:47,359 Speaker 3: Yeah, but and I think that's all true. My point 359 00:20:47,480 --> 00:20:50,320 Speaker 3: just as someone who was in the criminal justice system 360 00:20:50,359 --> 00:20:54,760 Speaker 3: for a long time, you know, I prosecuted terrorists. I 361 00:20:54,800 --> 00:21:00,760 Speaker 3: prosecuted mafia guys and fraudsters and drug uh you know, 362 00:21:01,280 --> 00:21:05,320 Speaker 3: organizations and all that stuff. And I really, after twenty years, 363 00:21:05,320 --> 00:21:10,320 Speaker 3: I came away with a real conviction. Pardon the punt 364 00:21:10,960 --> 00:21:17,360 Speaker 3: that the criminal justice system is for intentional wrongs and 365 00:21:17,440 --> 00:21:20,720 Speaker 3: we shouldn't bring cases in the system where you don't 366 00:21:20,720 --> 00:21:24,320 Speaker 3: have intentional wrongs. I understand that those laws are on 367 00:21:24,400 --> 00:21:27,480 Speaker 3: the books, and I'm not saying that prosecutors should exercise 368 00:21:27,560 --> 00:21:31,919 Speaker 3: their discretion in a way that basically negates laws that 369 00:21:31,960 --> 00:21:35,040 Speaker 3: the legislatures have put on the books. But you know, 370 00:21:35,200 --> 00:21:38,520 Speaker 3: in New York in particular, we have lots of crime, 371 00:21:39,359 --> 00:21:42,760 Speaker 3: and we have a progressive prosecutor who's better known for 372 00:21:42,920 --> 00:21:47,720 Speaker 3: pleading felonies down to misdemeanors if he charges them at all. 373 00:21:49,119 --> 00:21:54,240 Speaker 3: We have very limited police resources, court resources, prosecutorial resources. 374 00:21:54,720 --> 00:21:58,640 Speaker 3: I think what we have or to be directed at 375 00:21:58,680 --> 00:22:04,560 Speaker 3: the people who commit crimes intentionally and prey on people intentionally. 376 00:22:05,040 --> 00:22:09,640 Speaker 3: And you, as this lawsuit that we just discussed shows, 377 00:22:09,960 --> 00:22:13,760 Speaker 3: you have this whole civil justice system where you can 378 00:22:13,880 --> 00:22:18,199 Speaker 3: resolve if the father here really thinks that what Penny 379 00:22:18,240 --> 00:22:22,639 Speaker 3: did was was caused death here in an actionable way. 380 00:22:22,920 --> 00:22:25,600 Speaker 3: Let him sue him civilly and let's see how that goes. 381 00:22:26,200 --> 00:22:29,240 Speaker 3: But to bring somebody in the criminal justice system when 382 00:22:29,240 --> 00:22:34,280 Speaker 3: it wasn't an intentional act and there was no recklessness 383 00:22:34,760 --> 00:22:36,679 Speaker 3: of the kind that it's right for the for the 384 00:22:36,720 --> 00:22:39,840 Speaker 3: law to prosecute, like you know, my example about shooting 385 00:22:39,840 --> 00:22:42,200 Speaker 3: a gun into a into a crowd or something like that. 386 00:22:43,480 --> 00:22:46,719 Speaker 3: These cases don't belong in the criminal justice system. And 387 00:22:46,760 --> 00:22:49,479 Speaker 3: that's that's not a I'm not making a political statement 388 00:22:49,480 --> 00:22:52,119 Speaker 3: about this. The last time I had the occasion to 389 00:22:52,200 --> 00:22:56,080 Speaker 3: make this argument was in connection with Alec Baldwin, right, 390 00:22:56,359 --> 00:22:58,920 Speaker 3: who I wouldn't you know, I probably wouldn't agree with 391 00:22:59,040 --> 00:23:03,160 Speaker 3: Alick ball went about what time it is, But that's good. 392 00:23:03,160 --> 00:23:05,000 Speaker 3: You know, politics has nothing to do with it. There 393 00:23:05,040 --> 00:23:09,040 Speaker 3: was nothing in that case against him that indicated that 394 00:23:09,119 --> 00:23:12,399 Speaker 3: he did anything intentional to harm anyone. It was just 395 00:23:12,480 --> 00:23:16,240 Speaker 3: a tragic, tra tragic accident. And you know, I don't 396 00:23:16,240 --> 00:23:18,760 Speaker 3: have a lot of sympathy for Neely in this situation. 397 00:23:19,040 --> 00:23:20,040 Speaker 3: I'm always said. 398 00:23:19,800 --> 00:23:21,760 Speaker 1: To have I don't have died. I mean, yeah, but 399 00:23:21,840 --> 00:23:22,760 Speaker 1: I died. 400 00:23:22,640 --> 00:23:24,840 Speaker 3: You know, I mean, look, I'll give you he died, 401 00:23:24,960 --> 00:23:27,720 Speaker 3: you know, and we care about it. But no, but no, Yeah, But. 402 00:23:27,640 --> 00:23:30,320 Speaker 2: Alternatively, you know, I don't have a lot of sympathy 403 00:23:30,359 --> 00:23:33,840 Speaker 2: for someone who you know, goes out and you know, intentionally, 404 00:23:34,040 --> 00:23:35,760 Speaker 2: Like I don't have it for a you know, mass 405 00:23:35,800 --> 00:23:37,680 Speaker 2: killer who goes out and kills people if he gets 406 00:23:37,720 --> 00:23:39,760 Speaker 2: the death penalty, I don't, you know. So same with Neely, 407 00:23:39,840 --> 00:23:41,000 Speaker 2: Like I don't have a lot of sympathy for a 408 00:23:41,040 --> 00:23:42,960 Speaker 2: guy who gets on a train who knows what he 409 00:23:43,000 --> 00:23:45,560 Speaker 2: would have done if Daniel Penny hadn't have protected the 410 00:23:45,680 --> 00:23:48,360 Speaker 2: forty two prior arrests. You tell people you want to die, 411 00:23:48,560 --> 00:23:50,680 Speaker 2: you don't care about going to rikers. You're you're clearly 412 00:23:50,760 --> 00:23:53,320 Speaker 2: threatening the lives of others on the train. So like, yeah, 413 00:23:53,359 --> 00:23:56,080 Speaker 2: I don't know my you know, my empathy factor, you know, 414 00:23:56,480 --> 00:23:59,119 Speaker 2: gets greatly reduced like that. 415 00:23:59,240 --> 00:24:02,159 Speaker 3: You know, I'm with you on that. And when I 416 00:24:02,240 --> 00:24:05,159 Speaker 3: say that we have a whole civil justice system for that, 417 00:24:05,440 --> 00:24:07,920 Speaker 3: I'm not saying that that Penny should have been found 418 00:24:08,040 --> 00:24:10,880 Speaker 3: liable in the civil justice system. I think if I'm 419 00:24:10,920 --> 00:24:14,200 Speaker 3: majority on the civil case, I acquit or I find 420 00:24:14,280 --> 00:24:17,000 Speaker 3: him not liable for all the reasons that you just 421 00:24:17,400 --> 00:24:21,320 Speaker 3: laid out, because I think if you're going to judge Faultier, 422 00:24:22,520 --> 00:24:27,000 Speaker 3: you know Neely was much more in the wrong obviously 423 00:24:27,080 --> 00:24:30,000 Speaker 3: than Penny was. All I'm saying is these cases just 424 00:24:30,040 --> 00:24:33,240 Speaker 3: don't belong in the criminal justice system. And Penny doesn't. 425 00:24:33,520 --> 00:24:37,520 Speaker 3: You know, whatever you think of what he did, he 426 00:24:37,560 --> 00:24:40,040 Speaker 3: doesn't deserve to be in a situation where he could 427 00:24:40,040 --> 00:24:42,280 Speaker 3: be sent to jail over this. Well. 428 00:24:42,359 --> 00:24:44,080 Speaker 2: I said this on Fox the other day, and you 429 00:24:44,119 --> 00:24:46,520 Speaker 2: had mentioned how the fact that Daniel Penny's white is 430 00:24:46,560 --> 00:24:49,520 Speaker 2: being brought up during the trial. I said, this wasn't 431 00:24:49,520 --> 00:24:52,720 Speaker 2: a racially motivated killing, but these charges are racially motivated. 432 00:24:53,600 --> 00:24:55,680 Speaker 2: Even in the news coverage, you know, the Fox five 433 00:24:55,840 --> 00:24:58,480 Speaker 2: referring to him as the killing of a black man, 434 00:24:58,600 --> 00:24:59,560 Speaker 2: Penny a white man. 435 00:24:59,760 --> 00:25:00,960 Speaker 1: You've I've got someone. 436 00:25:00,720 --> 00:25:02,520 Speaker 2: Like Alvin Bragg, a black man who has made it 437 00:25:02,560 --> 00:25:05,280 Speaker 2: his mission to let criminals roam the streets of New 438 00:25:05,359 --> 00:25:08,960 Speaker 2: York City, who you know, by the way, they're killing 439 00:25:09,000 --> 00:25:11,399 Speaker 2: innocent black people, but he doesn't seem to care about that. 440 00:25:11,480 --> 00:25:15,439 Speaker 2: You have a cross secutor, a Manhattan prosecutor, Daphnut Yurin, 441 00:25:15,840 --> 00:25:18,520 Speaker 2: who's throwing the book at Penny, who reduced a sentence 442 00:25:18,640 --> 00:25:21,240 Speaker 2: for a black man who murdered an Asian college professor 443 00:25:21,280 --> 00:25:23,439 Speaker 2: as he was a drawing cash from inn atm. She 444 00:25:23,480 --> 00:25:26,399 Speaker 2: said that it was under the guise of restorative justice 445 00:25:26,520 --> 00:25:29,720 Speaker 2: ended up giving him only ten years for manslaughter when 446 00:25:29,760 --> 00:25:32,040 Speaker 2: he was originally charged with murder. So you've got, you know, 447 00:25:32,160 --> 00:25:35,320 Speaker 2: a woke prosecutor here who clearly has an animus, you know, 448 00:25:35,720 --> 00:25:38,480 Speaker 2: for anyone who's not black. So for me, you know, 449 00:25:38,560 --> 00:25:41,160 Speaker 2: Daniel Penny, if he weren't white, he wouldn't be facing 450 00:25:41,200 --> 00:25:44,320 Speaker 2: these charges. If Daniel Penny was black and jordan Neely 451 00:25:44,440 --> 00:25:48,159 Speaker 2: is black, no charges. If Daniel Penny white and Jordaneelly 452 00:25:48,240 --> 00:25:51,399 Speaker 2: was white, no charges. Literally, the only reason Daniel Penny 453 00:25:51,440 --> 00:25:53,440 Speaker 2: is being punished, in my opinion, is because these two 454 00:25:53,440 --> 00:25:56,000 Speaker 2: things that democrats hate. He's white and he's a patriot, 455 00:25:56,800 --> 00:25:58,439 Speaker 2: and if it was anything other, he would not be 456 00:25:58,480 --> 00:25:59,960 Speaker 2: facing charges in my opinion. 457 00:26:00,000 --> 00:26:01,080 Speaker 1: You don't have to agree with me on that, but 458 00:26:01,080 --> 00:26:02,239 Speaker 1: that's where I am. Well. 459 00:26:02,359 --> 00:26:05,960 Speaker 3: The only thing I even potentially disagree with you on 460 00:26:06,200 --> 00:26:08,439 Speaker 3: is that I'm not sure that Bragg wouldn't charge him 461 00:26:08,480 --> 00:26:13,439 Speaker 3: if the victim was white, just because that's who Bragg is. 462 00:26:13,480 --> 00:26:20,119 Speaker 3: But it all is a racial morality play for these guys, 463 00:26:20,800 --> 00:26:23,520 Speaker 3: and I just think, you know, I think we need 464 00:26:23,560 --> 00:26:28,280 Speaker 3: to be mindful of the fact. Like I often talk 465 00:26:28,320 --> 00:26:31,159 Speaker 3: about how, you know, we have conservatives and progressives who 466 00:26:31,200 --> 00:26:33,800 Speaker 3: are like ships passing in the night, because you have 467 00:26:34,320 --> 00:26:38,120 Speaker 3: we on the conservative side who are saying they're using 468 00:26:38,240 --> 00:26:41,040 Speaker 3: the procedures of the justice system in a punitive way 469 00:26:41,040 --> 00:26:44,320 Speaker 3: against their political enemies, and everything's about race, race, race, 470 00:26:44,880 --> 00:26:47,919 Speaker 3: and it's like we expect them to say, no, that 471 00:26:47,960 --> 00:26:50,600 Speaker 3: you don't understand, and instead what they're saying is, you're 472 00:26:50,640 --> 00:26:54,280 Speaker 3: damn right, that's what we're doing. So I think we 473 00:26:54,359 --> 00:26:56,639 Speaker 3: need to understand and this is the reason why these 474 00:26:56,640 --> 00:27:00,560 Speaker 3: people have to be defeated and not allowed to power. 475 00:27:01,080 --> 00:27:04,920 Speaker 3: We're dealing with a movement of people who don't feel 476 00:27:04,920 --> 00:27:09,440 Speaker 3: like they have to hide anymore because they believe philosophically 477 00:27:09,920 --> 00:27:13,800 Speaker 3: that it's proper to use the the levers of power 478 00:27:14,040 --> 00:27:17,600 Speaker 3: in the system against their political enemies for no other 479 00:27:17,640 --> 00:27:21,719 Speaker 3: reason than that their political enemies. And it has an 480 00:27:21,720 --> 00:27:26,080 Speaker 3: interrorum effect on you know, people who were similarly minded, 481 00:27:26,600 --> 00:27:29,600 Speaker 3: and when they say, you know, like this prosecutor that 482 00:27:29,920 --> 00:27:33,199 Speaker 3: that has this case that you just mentioned, you know, 483 00:27:33,600 --> 00:27:38,320 Speaker 3: when she brags about taking somebody who committed a brutal 484 00:27:38,359 --> 00:27:44,760 Speaker 3: crime and getting it pled down to something else strictly 485 00:27:44,840 --> 00:27:47,840 Speaker 3: because of what the guy's race was. That's who these 486 00:27:47,880 --> 00:27:53,280 Speaker 3: guys are. They want us to understand and assimilate life 487 00:27:53,760 --> 00:27:56,680 Speaker 3: as if it were a Howard's Enn textbook, and there 488 00:27:56,720 --> 00:28:00,800 Speaker 3: are oppressors and oppressed and the way things are supposed 489 00:28:00,800 --> 00:28:03,840 Speaker 3: to come out has nothing to do with objective fault 490 00:28:03,920 --> 00:28:06,760 Speaker 3: or objective facts. It's all it's got to line up 491 00:28:06,800 --> 00:28:09,280 Speaker 3: to what their little morality play is. 492 00:28:10,680 --> 00:28:13,200 Speaker 2: I guess for me, you know, I feel very conflicted 493 00:28:13,200 --> 00:28:18,679 Speaker 2: about what Republicans should do moving forward. You know, I 494 00:28:18,720 --> 00:28:23,919 Speaker 2: know that there's a notion of you know, not responding 495 00:28:23,960 --> 00:28:26,840 Speaker 2: in kind and not doing to them what they've done 496 00:28:26,880 --> 00:28:30,280 Speaker 2: to us. And I understand that perspective. But then alternatively, 497 00:28:30,320 --> 00:28:32,280 Speaker 2: it's like, you know, you look at terrorists, right, they 498 00:28:32,280 --> 00:28:35,000 Speaker 2: only respond to power and strength, and to some degree, 499 00:28:35,320 --> 00:28:37,679 Speaker 2: will these people ever stop until they are on the 500 00:28:37,720 --> 00:28:40,320 Speaker 2: receiving end of what they've done to others? 501 00:28:40,400 --> 00:28:42,000 Speaker 1: So I don't know. This is a mental dance. 502 00:28:42,040 --> 00:28:45,200 Speaker 2: I go back and forth in my head constantly about 503 00:28:46,000 --> 00:28:48,400 Speaker 2: sort of what the right direction is moving forward for 504 00:28:48,520 --> 00:28:52,960 Speaker 2: Republicans after all this weaponization of the law, particularly against Trump. 505 00:28:53,920 --> 00:28:57,600 Speaker 3: Yeah, look, I agree with that. You know, I feel 506 00:28:57,600 --> 00:29:01,760 Speaker 3: the same tension myself, having been in the system. I 507 00:29:01,760 --> 00:29:04,360 Speaker 3: feel strongly that it shouldn't be used as a political 508 00:29:04,400 --> 00:29:07,719 Speaker 3: weapon by anyone. But the only silver lining I see 509 00:29:07,760 --> 00:29:10,120 Speaker 3: in trying to work that out, Lisa, is that the 510 00:29:10,200 --> 00:29:13,360 Speaker 3: voters didn't like it. I mean, I think in the end, 511 00:29:13,520 --> 00:29:16,440 Speaker 3: part of the reason that Trump became president wasn't so 512 00:29:16,600 --> 00:29:19,360 Speaker 3: much that, you know, there was an outbreak of great 513 00:29:19,440 --> 00:29:22,680 Speaker 3: admiration for Trump that changed the public's mind. I think 514 00:29:22,720 --> 00:29:26,120 Speaker 3: there has been some of that. I mean, I was 515 00:29:26,200 --> 00:29:28,720 Speaker 3: totally wrong in thinking that he had a hard ceiling 516 00:29:29,360 --> 00:29:31,680 Speaker 3: of like forty six forty seven percent that he could 517 00:29:31,680 --> 00:29:35,680 Speaker 3: never get past. And he obviously got, you know closer. 518 00:29:35,960 --> 00:29:39,240 Speaker 3: Whether he gets slightly over or slightly under fifty, we 519 00:29:39,280 --> 00:29:42,760 Speaker 3: won't know for a while yet. But he obviously had 520 00:29:42,800 --> 00:29:46,240 Speaker 3: an upsurge in popularity. He still got a lot of 521 00:29:46,240 --> 00:29:50,840 Speaker 3: people who don't like him, but even reasonable people who 522 00:29:50,920 --> 00:29:54,479 Speaker 3: are not Trump fans or fans of people who are 523 00:29:54,560 --> 00:30:01,640 Speaker 3: fans of Trump, saw what progressive Democrats we're doing in 524 00:30:02,000 --> 00:30:06,320 Speaker 3: exploiting the apparatus of law enforcement to go after their 525 00:30:06,520 --> 00:30:10,960 Speaker 3: political enemies, and the more sensible among those people realized 526 00:30:11,000 --> 00:30:12,600 Speaker 3: that if they could do it to Trump, they can 527 00:30:12,640 --> 00:30:14,640 Speaker 3: do it. They not only can do it to anyone, 528 00:30:14,720 --> 00:30:19,800 Speaker 3: they do do it to others. So the uh. I 529 00:30:19,800 --> 00:30:22,960 Speaker 3: don't think that progressives are going to have a change 530 00:30:22,960 --> 00:30:26,920 Speaker 3: of heart in terms of, you know, gee, we just 531 00:30:27,000 --> 00:30:29,000 Speaker 3: need to do the right thing here. I think if 532 00:30:29,040 --> 00:30:33,000 Speaker 3: they see that this hurts them, they'll modify their behavior. 533 00:30:33,080 --> 00:30:36,840 Speaker 3: And I think the only silver lining I see in 534 00:30:36,880 --> 00:30:38,880 Speaker 3: this is that it hurt them. You know. I think 535 00:30:38,920 --> 00:30:41,160 Speaker 3: Trump may be president because they did this. 536 00:30:43,440 --> 00:30:45,120 Speaker 2: Well, you know, before we get to I want to 537 00:30:45,120 --> 00:30:47,680 Speaker 2: get to your take on the Biden pardon for Hunter. 538 00:30:47,720 --> 00:30:49,920 Speaker 2: I also just don't even know how he endured all this, 539 00:30:49,960 --> 00:30:51,760 Speaker 2: to be honest, it's like he's not even human, like 540 00:30:51,840 --> 00:30:56,640 Speaker 2: I personally, Like I had multiple federal charges, you know, 541 00:30:56,800 --> 00:30:59,280 Speaker 2: being pointed to my direction, and then after going through 542 00:30:59,360 --> 00:31:01,880 Speaker 2: the civils stuff in New York, the criminal stuff in 543 00:31:01,920 --> 00:31:05,280 Speaker 2: New York, and then also being shot at once and 544 00:31:05,280 --> 00:31:08,640 Speaker 2: then almost twice. I think I would be I think 545 00:31:08,680 --> 00:31:11,520 Speaker 2: I would be in the corner of a room crying somewhere. 546 00:31:11,560 --> 00:31:15,200 Speaker 2: So I don't know how the man has been able 547 00:31:15,240 --> 00:31:17,720 Speaker 2: to withstand all that and then go on to win. 548 00:31:17,800 --> 00:31:21,080 Speaker 1: It's it's it's truly uh remarkable. 549 00:31:21,360 --> 00:31:22,880 Speaker 2: I just I don't even know how anyone does that, 550 00:31:22,920 --> 00:31:26,440 Speaker 2: to be perfectly honest, It's uh, it's truly remarkable. 551 00:31:26,960 --> 00:31:29,040 Speaker 3: He's a different kind of cat, for sure. 552 00:31:29,040 --> 00:31:30,680 Speaker 1: It's a different kind of cat. I think that is 553 00:31:31,280 --> 00:31:34,200 Speaker 1: all right. So now let's get to Joe Biden and Hunter. 554 00:31:35,400 --> 00:31:39,280 Speaker 2: You know, obviously, what makes this pardon so strange is 555 00:31:39,560 --> 00:31:41,760 Speaker 2: how broad it is and the fact that it goes 556 00:31:41,920 --> 00:31:46,880 Speaker 2: way beyond the tax charges and the gun charges that 557 00:31:46,960 --> 00:31:50,840 Speaker 2: he faced and or we're convicted of in terms of 558 00:31:50,840 --> 00:31:52,920 Speaker 2: the gun charge or yet if he could reach the 559 00:31:52,960 --> 00:31:56,600 Speaker 2: plea deal deal and the tax charges. But what's interesting 560 00:31:57,080 --> 00:32:00,560 Speaker 2: is it does start I believe it's on January first, fourteen, 561 00:32:00,640 --> 00:32:03,480 Speaker 2: when Hunter joined the board of Bresma that year. 562 00:32:03,560 --> 00:32:05,800 Speaker 1: So, I guess what do you make. 563 00:32:05,760 --> 00:32:08,680 Speaker 2: Of the long parden, the broad pardon, and then what 564 00:32:08,720 --> 00:32:10,080 Speaker 2: do you think that is really about? 565 00:32:11,080 --> 00:32:14,880 Speaker 3: Well, I think here's the obvious thing. Although I think 566 00:32:15,400 --> 00:32:17,960 Speaker 3: you know you have to you have to go back 567 00:32:18,000 --> 00:32:23,880 Speaker 3: in time in the story to appreciate this. They tried 568 00:32:23,880 --> 00:32:26,920 Speaker 3: to do the sweetheart deal for a hunter in it 569 00:32:27,080 --> 00:32:30,400 Speaker 3: was a jew. I think it was June July twenty 570 00:32:30,560 --> 00:32:33,320 Speaker 3: twenty three was when they went into It was July 571 00:32:33,480 --> 00:32:38,240 Speaker 3: when they were in Judge Norika's corporate Now, why did 572 00:32:38,280 --> 00:32:44,400 Speaker 3: the plea break down? It broke down because they did 573 00:32:44,400 --> 00:32:47,560 Speaker 3: something that was very funky that the judge caught, which 574 00:32:47,640 --> 00:32:51,480 Speaker 3: is that in a plea agreement, one of the most 575 00:32:51,560 --> 00:32:54,520 Speaker 3: important term obviously is what the guy is pleading guilty to. 576 00:32:54,960 --> 00:32:59,240 Speaker 3: The second most important term is what is the immunity 577 00:32:59,280 --> 00:33:03,360 Speaker 3: bath that he's getting. In other words, in exchange for 578 00:33:03,440 --> 00:33:08,360 Speaker 3: pleading guilty, as I the defendant am about to do. 579 00:33:09,240 --> 00:33:12,680 Speaker 3: The government lays out explicitly in the plea agreement, these 580 00:33:12,720 --> 00:33:15,560 Speaker 3: are the things we can no longer charge you with 581 00:33:16,320 --> 00:33:22,440 Speaker 3: in return for your pleading guilty to satisfy the indictment. 582 00:33:22,440 --> 00:33:25,440 Speaker 3: In this case. That's every single plea agreement, so it's 583 00:33:25,440 --> 00:33:28,080 Speaker 3: always explicitly laid out, this is what we can't do 584 00:33:28,200 --> 00:33:31,440 Speaker 3: to you anymore, and everybody has to have their eyes 585 00:33:31,480 --> 00:33:34,480 Speaker 3: open about that. Otherwise the court is not supposed to 586 00:33:34,520 --> 00:33:37,600 Speaker 3: take the plea. Because a plea agreement is just a contract. 587 00:33:37,640 --> 00:33:39,840 Speaker 3: There has to be a meeting of the minds about 588 00:33:39,840 --> 00:33:44,760 Speaker 3: what the fundamental terms are. So in Hunter's plea agreement, 589 00:33:46,840 --> 00:33:54,680 Speaker 3: weis the Delaware District attorney later Foe special counsel. What 590 00:33:54,720 --> 00:33:58,200 Speaker 3: they did was there was a plea agreement to two 591 00:33:58,280 --> 00:34:02,680 Speaker 3: puny tax misdemeanors charges, which were supposed to make all 592 00:34:02,720 --> 00:34:06,960 Speaker 3: of the tax charges, including the felonies, go away. And 593 00:34:07,000 --> 00:34:11,839 Speaker 3: then what I think is against Justice Department rules, they 594 00:34:11,840 --> 00:34:14,719 Speaker 3: took the gun charges and they put it in a 595 00:34:14,800 --> 00:34:18,920 Speaker 3: diversion program, meaning that you keep your nose clean for 596 00:34:19,120 --> 00:34:22,160 Speaker 3: X number of months and then that disappears. Two. You're 597 00:34:22,160 --> 00:34:24,480 Speaker 3: not supposed to do that with gun charges in the 598 00:34:24,520 --> 00:34:27,680 Speaker 3: Justice Department. But here's the thing, even though he was 599 00:34:27,719 --> 00:34:30,640 Speaker 3: pleading to the tax charges, they tried to hide the 600 00:34:30,680 --> 00:34:34,759 Speaker 3: immunity term in the diversion agreement, which is what got 601 00:34:34,760 --> 00:34:39,680 Speaker 3: the judge a little bit taken aback at the beginning 602 00:34:39,719 --> 00:34:42,560 Speaker 3: when she looked at all us then when you look 603 00:34:42,600 --> 00:34:47,319 Speaker 3: at the immunity term. They hooked that up to a 604 00:34:47,520 --> 00:34:52,640 Speaker 3: narrative of what happened from twenty fourteen going forward, which 605 00:34:52,719 --> 00:34:57,080 Speaker 3: was obviously written by Hunter's lawyers, and the objective here 606 00:34:57,160 --> 00:35:00,440 Speaker 3: without coming out and saying it, was to say that 607 00:35:00,680 --> 00:35:05,600 Speaker 3: anything that was within the framework of the narrative that 608 00:35:05,760 --> 00:35:11,680 Speaker 3: was attached to the diversion agreement was no longer going 609 00:35:11,719 --> 00:35:16,160 Speaker 3: to be available for prosecution against Hunter. So that was 610 00:35:16,239 --> 00:35:19,440 Speaker 3: so elliptical that the judge said, whoa, whoa, whoa, Wait 611 00:35:19,480 --> 00:35:22,600 Speaker 3: a minute, that doesn't tell me anything. What are you 612 00:35:22,800 --> 00:35:27,560 Speaker 3: saying he can't be charged with anymore? And what the 613 00:35:27,560 --> 00:35:30,560 Speaker 3: Biden lawyers wanted was for Weiss to get up in 614 00:35:30,600 --> 00:35:34,960 Speaker 3: court and say, any conceivable federal crime going back to 615 00:35:35,040 --> 00:35:39,160 Speaker 3: twenty fourteen to the present day is off the table. 616 00:35:39,239 --> 00:35:44,239 Speaker 3: Hunter can no longer be charged. And Weiss would not 617 00:35:44,360 --> 00:35:48,680 Speaker 3: get up in open court and say that why because 618 00:35:49,320 --> 00:35:52,960 Speaker 3: Biden was seeking reelection, and the whole point of this 619 00:35:53,600 --> 00:35:59,200 Speaker 3: was to not articulate what the immunity bath was because 620 00:35:59,200 --> 00:36:03,840 Speaker 3: that would be so scandalous it would hurt Biden's reelection effort. 621 00:36:03,920 --> 00:36:06,520 Speaker 3: So what they were trying to do was do the 622 00:36:06,640 --> 00:36:11,120 Speaker 3: least they could do to write an elliptical, confusing, vague 623 00:36:11,160 --> 00:36:16,680 Speaker 3: agreement in the expectation that the judge would just like rollerize, 624 00:36:16,800 --> 00:36:18,680 Speaker 3: they would slam it past her and that would be 625 00:36:18,719 --> 00:36:21,560 Speaker 3: the end. And instead she wouldn't take the plea because 626 00:36:21,960 --> 00:36:25,920 Speaker 3: she asked what is he getting immunity for? And Weiss 627 00:36:25,960 --> 00:36:28,360 Speaker 3: wouldn't get up in court and say what he was 628 00:36:28,360 --> 00:36:31,400 Speaker 3: getting immunity. For the reason I lay that out, Lisa, 629 00:36:31,600 --> 00:36:35,480 Speaker 3: is if you look at the sweep of the pardon, 630 00:36:36,760 --> 00:36:41,400 Speaker 3: it's exactly what Weiss wouldn't get up in court and 631 00:36:41,520 --> 00:36:45,480 Speaker 3: say it's totally the same. It's the mirror image. The 632 00:36:45,480 --> 00:36:49,839 Speaker 3: only difference is the immunity in the pardon now goes 633 00:36:49,920 --> 00:36:52,680 Speaker 3: up to December first, twenty twenty four, because that's when 634 00:36:52,680 --> 00:36:56,920 Speaker 3: the pardon was signed. The plea was July of twenty 635 00:36:57,000 --> 00:36:59,239 Speaker 3: twenty three, so you know it was going to take 636 00:36:59,239 --> 00:37:02,399 Speaker 3: it from twenty fourteen to July twenty twenty three. Now 637 00:37:02,440 --> 00:37:06,359 Speaker 3: it goes to December first, twenty twenty four. But it's 638 00:37:06,400 --> 00:37:10,640 Speaker 3: the same thing. So what's the difference here. The difference 639 00:37:10,719 --> 00:37:14,280 Speaker 3: is now the election is over. So prior to the election, 640 00:37:14,520 --> 00:37:18,359 Speaker 3: knowing how scandalous it would be, they wouldn't say what 641 00:37:18,400 --> 00:37:22,200 Speaker 3: the immunity was, and now we're seeing what the immunity was. 642 00:37:22,520 --> 00:37:25,080 Speaker 3: But that was the reason the plea broke up blew 643 00:37:25,160 --> 00:37:27,920 Speaker 3: up in the first place. So that's what this is 644 00:37:27,960 --> 00:37:32,480 Speaker 3: all about. And what makes me insane is to hear 645 00:37:32,560 --> 00:37:37,160 Speaker 3: things like Biden says he now changed his mind. He 646 00:37:37,400 --> 00:37:40,680 Speaker 3: repeatedly said he would not pardon Hunter but then last 647 00:37:40,680 --> 00:37:44,400 Speaker 3: weekend he had a change of heart. That's nonsense. This 648 00:37:44,520 --> 00:37:48,960 Speaker 3: is like the same exact understanding that was on the 649 00:37:49,040 --> 00:37:52,720 Speaker 3: table at the time of the plea. And as somebody 650 00:37:52,760 --> 00:37:57,560 Speaker 3: who carefully watched both litigations, the gun case and the 651 00:37:57,600 --> 00:38:02,600 Speaker 3: tax case, Hunter's litigation strategy in both those cases can 652 00:38:02,719 --> 00:38:06,240 Speaker 3: only be understood if he knew he was getting a pardon. 653 00:38:07,160 --> 00:38:11,040 Speaker 3: So on the gun case he basically won't admit fault. 654 00:38:11,440 --> 00:38:14,520 Speaker 3: The evidence is overwhelming, and the jury convicts him in 655 00:38:14,560 --> 00:38:18,640 Speaker 3: like two seconds of all three charges. He never tries 656 00:38:18,680 --> 00:38:22,319 Speaker 3: to negotiate a plea, he never acknowledges any wrongdoing. He 657 00:38:22,440 --> 00:38:25,240 Speaker 3: just lets himself get convicted on three charges. The tax 658 00:38:25,280 --> 00:38:30,840 Speaker 3: case is even worse the tax cases September. September fifth 659 00:38:30,920 --> 00:38:33,520 Speaker 3: was the day they were picking the jury, which is 660 00:38:33,800 --> 00:38:37,960 Speaker 3: like eight weeks before the election, and Hunter would have 661 00:38:38,000 --> 00:38:39,840 Speaker 3: gone to trial in that case too and done the 662 00:38:39,840 --> 00:38:41,960 Speaker 3: same thing that he did in the gun case, except 663 00:38:42,040 --> 00:38:46,800 Speaker 3: the Democrats, even with Biden by then replaced by Harris, 664 00:38:47,200 --> 00:38:50,360 Speaker 3: they could not afford to have a six week trial, 665 00:38:50,760 --> 00:38:54,359 Speaker 3: which would be about the income that Hunter earned and 666 00:38:54,480 --> 00:38:57,520 Speaker 3: didn't pay taxes on that he derived from the Biden 667 00:38:57,640 --> 00:39:01,160 Speaker 3: family influence. Peddling scheme. So that was the reason he 668 00:39:01,239 --> 00:39:03,120 Speaker 3: was desperate not to go to trial in that case. 669 00:39:03,480 --> 00:39:06,560 Speaker 3: But if you remember, there was a highly unusual plea 670 00:39:06,920 --> 00:39:09,560 Speaker 3: where he agreed to eat the whole indictment. He agreed 671 00:39:09,600 --> 00:39:12,640 Speaker 3: to plead guilty to all nine charges. He never tried 672 00:39:12,680 --> 00:39:15,680 Speaker 3: to negotiate a plea. He never did whether a normal 673 00:39:15,719 --> 00:39:19,239 Speaker 3: defendant does and says, you know, I'll plead guilty to 674 00:39:19,320 --> 00:39:23,480 Speaker 3: one count with just three years of exposure to prison, 675 00:39:23,800 --> 00:39:26,360 Speaker 3: and you dismiss everything else. That's the usual kind of 676 00:39:26,360 --> 00:39:30,080 Speaker 3: plea negotiation. Hunter doesn't get into those niceties. Yeah, I'll 677 00:39:30,080 --> 00:39:32,560 Speaker 3: plead guilty to every count. The one thing I won't 678 00:39:32,560 --> 00:39:35,879 Speaker 3: do is admit guilt. And the judge let him get away. 679 00:39:35,920 --> 00:39:38,040 Speaker 3: This is a it's called an Alfred plea. It's an 680 00:39:38,080 --> 00:39:42,760 Speaker 3: unusual plea proceeding. But the judge and I kind of understand. 681 00:39:42,800 --> 00:39:44,880 Speaker 3: I didn't agree with what the judge did here. I 682 00:39:44,880 --> 00:39:48,200 Speaker 3: think he should have told Hunter, you either plead guilty 683 00:39:48,280 --> 00:39:51,680 Speaker 3: like everyone does and admit wrongdoing, or else we go 684 00:39:51,719 --> 00:39:55,360 Speaker 3: to trial. But the judges, figuring everybody knows Hunter's going 685 00:39:55,440 --> 00:39:57,640 Speaker 3: to get a pardon at the end of this, so 686 00:39:57,680 --> 00:40:00,600 Speaker 3: why should I consume the court's reason horses and make 687 00:40:00,640 --> 00:40:03,279 Speaker 3: a jury sit here for five or six weeks when 688 00:40:03,280 --> 00:40:08,120 Speaker 3: the guy is willing to plead guilty, and you know 689 00:40:08,160 --> 00:40:11,160 Speaker 3: we would otherwise have to have this this long trial. 690 00:40:11,120 --> 00:40:13,000 Speaker 1: And you're the first lady attending. 691 00:40:13,760 --> 00:40:18,920 Speaker 3: Yeah, well that was just unbelievable. Unbelievable, and not only 692 00:40:18,960 --> 00:40:21,080 Speaker 3: attending the trial. I've seen that a million times. I 693 00:40:21,120 --> 00:40:24,160 Speaker 3: was a prosecutor for a long time, but attending jury selection. 694 00:40:24,360 --> 00:40:27,400 Speaker 3: Nobody goes to jury selection, but she was there for 695 00:40:27,480 --> 00:40:29,680 Speaker 3: jury selection just to look at the people who were 696 00:40:30,000 --> 00:40:31,880 Speaker 3: being brought into decide the case. 697 00:40:32,360 --> 00:40:35,520 Speaker 2: We've got more with Andy, but first, protecting our families 698 00:40:35,600 --> 00:40:37,279 Speaker 2: and homes is essential, but. 699 00:40:37,320 --> 00:40:38,400 Speaker 1: Are we truly prepared? 700 00:40:38,640 --> 00:40:41,880 Speaker 2: Breakings happen every twenty five seconds, and even with the 701 00:40:41,920 --> 00:40:44,960 Speaker 2: security system, can it really keep intruders out. That's why 702 00:40:45,000 --> 00:40:47,560 Speaker 2: you should layer your defenses to buy yourself some time. 703 00:40:48,000 --> 00:40:50,440 Speaker 2: You can start with Sabers driveway alerts to know when 704 00:40:50,440 --> 00:40:53,680 Speaker 2: someone's approaching, pair of that with bloodlights to deter them. 705 00:40:54,239 --> 00:40:57,400 Speaker 2: Sabers door security bars reinforce your front and back doors, 706 00:40:57,400 --> 00:40:59,600 Speaker 2: stopping up to six hundred and fifty pounds of force 707 00:40:59,840 --> 00:41:02,520 Speaker 2: to secure entry points even when you're not home. And 708 00:41:02,560 --> 00:41:05,399 Speaker 2: even if you are home, many invasions happen at night. 709 00:41:06,080 --> 00:41:09,240 Speaker 2: Sabers Home Defense Launcher is the ultimate choice to protect 710 00:41:09,239 --> 00:41:13,360 Speaker 2: yourself and your family because Saber projectiles hit hard, causing 711 00:41:13,400 --> 00:41:16,000 Speaker 2: intense pain and can still be effective even if you 712 00:41:16,120 --> 00:41:20,040 Speaker 2: miss because intruders within the six foot pepper cloud experience 713 00:41:20,200 --> 00:41:24,240 Speaker 2: sensory irritation. Plus, Sabers Home Defense Launcher is the only 714 00:41:24,360 --> 00:41:27,880 Speaker 2: sixty eight caliber launcher with the seven projectile capacity, offering 715 00:41:27,960 --> 00:41:31,160 Speaker 2: up to forty percent more shots than the others. Stay 716 00:41:31,200 --> 00:41:35,560 Speaker 2: secure night or day with Saber solutions. Visit saberradio dot com. 717 00:41:35,719 --> 00:41:40,439 Speaker 2: That's Sabre radio dot com or call eight four four 718 00:41:40,560 --> 00:41:47,120 Speaker 2: eight two four safe to protect what matters most. I've 719 00:41:47,120 --> 00:41:49,600 Speaker 2: already said this on TV buns, So if it's wrong, 720 00:41:49,719 --> 00:41:50,560 Speaker 2: just like, be gentle. 721 00:41:50,600 --> 00:41:53,440 Speaker 1: Don't make me feel a complete idiot. But already out 722 00:41:53,480 --> 00:41:53,800 Speaker 1: there on this. 723 00:41:55,480 --> 00:41:57,920 Speaker 2: But to my perspective is this isn't an act of 724 00:41:58,040 --> 00:42:00,719 Speaker 2: fatherly love. It's an act of self preserve because, as 725 00:42:00,760 --> 00:42:03,440 Speaker 2: you pointed out, part of why Hunter are pled on 726 00:42:03,480 --> 00:42:06,360 Speaker 2: the tax charges is because Biden and the Department of 727 00:42:06,480 --> 00:42:09,799 Speaker 2: Justice on every angle they've tried to cut off any 728 00:42:09,840 --> 00:42:12,600 Speaker 2: avenue to Joe. Biden and his culpability with the Sun's 729 00:42:12,640 --> 00:42:14,640 Speaker 2: business dealings. We know that he's long lied about his 730 00:42:14,680 --> 00:42:17,719 Speaker 2: son's built business dealings ten percent for the big Guy. 731 00:42:17,800 --> 00:42:20,439 Speaker 2: He's been involved in phone calls, meetings, flying a Sun 732 00:42:20,480 --> 00:42:23,920 Speaker 2: on air force to greasing the wheels for these business dealings. 733 00:42:24,560 --> 00:42:26,960 Speaker 2: Hunter as a result, has brought in millions of dollars 734 00:42:27,000 --> 00:42:30,480 Speaker 2: from all these different countries, particularly Hunter. The date of 735 00:42:30,560 --> 00:42:33,040 Speaker 2: the pardon goes back to when Hunter first joined the 736 00:42:33,040 --> 00:42:35,680 Speaker 2: board of Barizma. We've already seen Joe Biden on camera 737 00:42:35,920 --> 00:42:39,839 Speaker 2: prag about threatening to withhold a one billion dollar US 738 00:42:39,920 --> 00:42:43,520 Speaker 2: loan guarantee to get the Ukrainian Prosecutor General fired, who 739 00:42:43,600 --> 00:42:47,319 Speaker 2: by the way, is investigating Barreizema holdings. And then you 740 00:42:47,360 --> 00:42:50,560 Speaker 2: have these irs whistle blowers come forward and say one 741 00:42:51,040 --> 00:42:55,319 Speaker 2: FBI officials prevented them from accessing Hunter Biden's laptop, which 742 00:42:55,360 --> 00:42:58,680 Speaker 2: of course had relevant information for Hunter. Biden and David 743 00:42:58,719 --> 00:43:01,200 Speaker 2: Weiss in the Department of just has allowed the statute 744 00:43:01,200 --> 00:43:05,520 Speaker 2: of limitations to lapse on the Bresma money. So to me, 745 00:43:05,880 --> 00:43:09,200 Speaker 2: this all points to Joe Biden not pretending this isn't 746 00:43:09,200 --> 00:43:11,160 Speaker 2: about his son, because he's already used his son as 747 00:43:11,160 --> 00:43:14,160 Speaker 2: a pawn to go and make him money and putting 748 00:43:14,239 --> 00:43:16,319 Speaker 2: him son in his son in you know, potential legal 749 00:43:16,360 --> 00:43:18,239 Speaker 2: jeopardy as a result. So clearly he doesn't care about 750 00:43:18,239 --> 00:43:21,319 Speaker 2: his son. This is all about the big guy and 751 00:43:21,480 --> 00:43:24,080 Speaker 2: an act of self preservation. That's my argument. 752 00:43:25,160 --> 00:43:26,960 Speaker 3: No, I think that's absolutely right. 753 00:43:27,000 --> 00:43:28,520 Speaker 1: These I would have felt. 754 00:43:28,560 --> 00:43:36,279 Speaker 3: Really no, I think no, I'll get but I'll give 755 00:43:36,320 --> 00:43:39,680 Speaker 3: you I'll give you more ammunition. Okay, yeah, yeah, you 756 00:43:39,760 --> 00:43:42,319 Speaker 3: know what the case what what this was about the 757 00:43:42,320 --> 00:43:46,319 Speaker 3: way that Weiss handled the investigation under uh, you know, 758 00:43:46,400 --> 00:43:50,680 Speaker 3: the the guidance of Merrick Garland. Uh. The most egregious, 759 00:43:50,719 --> 00:43:55,640 Speaker 3: not just barisma, the most egregious misconduct in the Biden 760 00:43:56,440 --> 00:44:01,759 Speaker 3: influence peddling scheme is the period between twenty fourteen to 761 00:44:01,840 --> 00:44:05,200 Speaker 3: the end of twenty sixteen. And that's because that's when 762 00:44:05,280 --> 00:44:07,960 Speaker 3: Joe Biden's influence during the course of the scheme, which 763 00:44:08,000 --> 00:44:10,279 Speaker 3: runs to twenty nineteen. You could arguably say it went 764 00:44:10,320 --> 00:44:15,360 Speaker 3: into twenty twenty, but it's during during that six year period. 765 00:44:15,880 --> 00:44:18,520 Speaker 3: The time when he's most influential, which means when his 766 00:44:18,680 --> 00:44:22,560 Speaker 3: influence is most saleable, when it's most valuable, is that 767 00:44:22,640 --> 00:44:26,200 Speaker 3: period from twenty fourteen to twenty sixteen, and in that 768 00:44:26,280 --> 00:44:28,480 Speaker 3: period we not only see the Barisma stuff. We see 769 00:44:28,520 --> 00:44:33,319 Speaker 3: the million that comes in from the Romanian guy. We 770 00:44:33,400 --> 00:44:35,160 Speaker 3: see the three and a half million that comes in 771 00:44:35,960 --> 00:44:39,279 Speaker 3: from the Russian billionaire who is the widow of the 772 00:44:39,320 --> 00:44:43,640 Speaker 3: Putin crony who was mayor rot Moscow. The Chinese payments, 773 00:44:44,120 --> 00:44:47,360 Speaker 3: you know, the two Chinese schemes, they both arise out of. Remember, 774 00:44:47,960 --> 00:44:52,320 Speaker 3: on the Bohai scheme, Hunter actually goes with Joe Biden 775 00:44:52,440 --> 00:44:55,000 Speaker 3: on Air Force two to Beijing to meet with the 776 00:44:55,040 --> 00:44:59,200 Speaker 3: guy to nail the agreement down. And on the CEFC stuff, 777 00:44:59,600 --> 00:45:02,120 Speaker 3: the pay meant start as a result of things that 778 00:45:02,160 --> 00:45:06,600 Speaker 3: go on twenty fourteen, twenty fifteen, twenty sixteen. I think 779 00:45:06,640 --> 00:45:10,080 Speaker 3: it's really twenty fifteen twenty sixteen. So all of the 780 00:45:10,120 --> 00:45:14,880 Speaker 3: most egregious conduct is in that window when he's most valuable. 781 00:45:15,080 --> 00:45:16,920 Speaker 3: And one of the reasons we know that Lisa is 782 00:45:16,960 --> 00:45:20,200 Speaker 3: what happened the minute he was out of office. As 783 00:45:20,200 --> 00:45:23,520 Speaker 3: soon as he left office in twenty seventeen, Barisma slashed 784 00:45:23,600 --> 00:45:27,040 Speaker 3: Hunter's salary in half. I mean, it couldn't be more 785 00:45:27,120 --> 00:45:30,239 Speaker 3: crass that, Like, what they're paying for is access to 786 00:45:30,360 --> 00:45:34,440 Speaker 3: Biden and his influence. So all of this was always 787 00:45:34,440 --> 00:45:37,120 Speaker 3: done in a way to protect Biden. I've always said 788 00:45:37,600 --> 00:45:42,600 Speaker 3: that in the Justice Department's handling of what they call 789 00:45:42,719 --> 00:45:46,480 Speaker 3: the Hunter case, but was really the Biden investigation at 790 00:45:46,560 --> 00:45:52,200 Speaker 3: LEAs should have been. Hunter is the ancillary benefit, beneficiary 791 00:45:52,320 --> 00:45:56,319 Speaker 3: of the favorable treatment that the Justice Department wouldn't have 792 00:45:56,400 --> 00:45:59,799 Speaker 3: given anybody else. But their main mission at the Justice 793 00:45:59,840 --> 00:46:03,920 Speaker 3: Department was to protect the president. It so happened that like, 794 00:46:04,000 --> 00:46:06,279 Speaker 3: if they could protect the president and help Hunter at 795 00:46:06,280 --> 00:46:09,799 Speaker 3: the same time, they'd help Hunter. But the main thing 796 00:46:09,880 --> 00:46:13,360 Speaker 3: was to protect the president. So all of this was 797 00:46:13,400 --> 00:46:18,440 Speaker 3: about protecting Biden. All of it was about not ruining 798 00:46:18,640 --> 00:46:21,239 Speaker 3: the reelection effort. And the thing I think is so 799 00:46:21,400 --> 00:46:24,040 Speaker 3: precious for him to be coming out now talking about 800 00:46:24,080 --> 00:46:26,640 Speaker 3: the you know, the father's love for his son. You know, 801 00:46:26,719 --> 00:46:31,279 Speaker 3: I have sons, and I would probably be inclined if 802 00:46:31,320 --> 00:46:33,279 Speaker 3: I was the only person on the planet who had 803 00:46:33,320 --> 00:46:36,040 Speaker 3: the power to make criminal charges go away so that 804 00:46:36,120 --> 00:46:39,719 Speaker 3: my sons wouldn't go to jail. Would I use that power? Yes, 805 00:46:39,800 --> 00:46:42,000 Speaker 3: I think that, you know, the honorable thing to do 806 00:46:42,040 --> 00:46:44,000 Speaker 3: would be to resign after you do it, because it's 807 00:46:44,040 --> 00:46:47,000 Speaker 3: a terrible abuse of power and it's a violation of 808 00:46:47,040 --> 00:46:50,160 Speaker 3: your oath of office. But I think humanly we can 809 00:46:50,200 --> 00:46:53,760 Speaker 3: all understand this. Here's what you can understand if that's 810 00:46:53,800 --> 00:46:57,040 Speaker 3: the way Biden feels, If this is all about fatherly love, 811 00:46:57,600 --> 00:47:01,200 Speaker 3: how do you let your kid get indicted? How do 812 00:47:01,280 --> 00:47:04,440 Speaker 3: you let him go to trial not once but twice? 813 00:47:05,000 --> 00:47:08,319 Speaker 3: How do you put him through all of this public humiliation? 814 00:47:08,719 --> 00:47:11,280 Speaker 3: If that's what you're concerned about? But what did Hunter? 815 00:47:11,440 --> 00:47:15,879 Speaker 3: What did Biden prioritize here? He didn't prioritize Hunter. He 816 00:47:15,920 --> 00:47:22,640 Speaker 3: prioritized the twenty twenty four election campaign, and had if 817 00:47:22,680 --> 00:47:25,640 Speaker 3: it looked like they were giving Hunter the kind of 818 00:47:25,640 --> 00:47:28,880 Speaker 3: break that he ultimately gave Hunter, it would have been 819 00:47:28,920 --> 00:47:32,719 Speaker 3: catastrophic for the reelection campaign. So that's what he was 820 00:47:32,760 --> 00:47:36,440 Speaker 3: concerned about. It's always been about his own exposure, and 821 00:47:36,520 --> 00:47:39,400 Speaker 3: it's always been about the election campaign. And I'm not 822 00:47:39,440 --> 00:47:41,799 Speaker 3: saying he doesn't love the son. I mean, I'm sure 823 00:47:41,840 --> 00:47:44,480 Speaker 3: on some level he does, but this is a bunch 824 00:47:44,480 --> 00:47:47,560 Speaker 3: of crap. How like you know, the last you know, 825 00:47:47,960 --> 00:47:50,759 Speaker 3: the last weekend, it finally dawned on him that a 826 00:47:50,840 --> 00:47:54,520 Speaker 3: father's love compelled him to pardon. I mean, you're kidding me? 827 00:47:55,040 --> 00:47:57,239 Speaker 2: Well, and then before we go also, I love how 828 00:47:57,280 --> 00:48:00,440 Speaker 2: he says he was selectively an unfairly prostate it when 829 00:48:00,480 --> 00:48:04,040 Speaker 2: you look at just on federal firearm convictions alone in 830 00:48:04,040 --> 00:48:07,520 Speaker 2: twenty twenty two, ninety four point two percent involved some 831 00:48:07,680 --> 00:48:10,400 Speaker 2: prison time. The median sentence was thirty nine months. He 832 00:48:10,440 --> 00:48:14,480 Speaker 2: had three convicted on three federal firearm charges. And then 833 00:48:14,480 --> 00:48:16,760 Speaker 2: that doesn't even include the tax charges. That doesn't include 834 00:48:16,760 --> 00:48:19,359 Speaker 2: things he wasn't charged with, like fair of violations where 835 00:48:19,400 --> 00:48:21,920 Speaker 2: he was accused of sex trafficking as well off for 836 00:48:22,000 --> 00:48:25,360 Speaker 2: communicating with prostitutes and coordinating their travel across state lines. 837 00:48:25,600 --> 00:48:27,600 Speaker 2: So that's like and that doesn't include the breathe right, 838 00:48:27,640 --> 00:48:29,160 Speaker 2: so that that's even like a gentle. 839 00:48:29,320 --> 00:48:32,120 Speaker 1: This is a gentle. But before we go on. 840 00:48:32,520 --> 00:48:35,320 Speaker 2: Lisa can I yeah, yeah, but I just want to 841 00:48:35,320 --> 00:48:37,160 Speaker 2: say about your time, So yeah. 842 00:48:36,960 --> 00:48:37,200 Speaker 1: It's not. 843 00:48:38,680 --> 00:48:41,040 Speaker 3: The gun thing makes me not. So I just want 844 00:48:41,080 --> 00:48:45,359 Speaker 3: to explain this one more time because his people are 845 00:48:45,360 --> 00:48:48,680 Speaker 3: out there again saying nobody gets prosecuted for this. And 846 00:48:48,760 --> 00:48:52,200 Speaker 3: I think even the Wall Street Journal suggested that in 847 00:48:52,320 --> 00:48:57,480 Speaker 3: its editorial there's a category of plight cases that by 848 00:48:57,520 --> 00:49:01,040 Speaker 3: the way, Joe Biden with his gun fanaticism when he 849 00:49:01,120 --> 00:49:03,160 Speaker 3: was in Congress. He was always a big critic of this. 850 00:49:03,680 --> 00:49:07,719 Speaker 3: But there's a category of cases in the Justice Department 851 00:49:08,520 --> 00:49:13,120 Speaker 3: which are called lied and tried cases or lieon try cases, 852 00:49:13,520 --> 00:49:17,600 Speaker 3: And what it involves is you fill out the form 853 00:49:18,120 --> 00:49:21,880 Speaker 3: that Hunter filled out. You make a false statement, but 854 00:49:22,080 --> 00:49:24,600 Speaker 3: in the interim between the time you fill out the 855 00:49:24,640 --> 00:49:27,040 Speaker 3: form and the time that you're supposed to get the gun, 856 00:49:27,680 --> 00:49:30,520 Speaker 3: they find out that you've lied. So they find out 857 00:49:30,520 --> 00:49:34,000 Speaker 3: that you're not eligible because you're a prior felon, or 858 00:49:34,080 --> 00:49:37,000 Speaker 3: you have a protective order, or there's been some other 859 00:49:37,080 --> 00:49:40,600 Speaker 3: disability that's been lodged on the public record that would 860 00:49:40,640 --> 00:49:43,080 Speaker 3: make it illegal for you to have a gun. If 861 00:49:43,120 --> 00:49:46,320 Speaker 3: you find those things out in the interim between filling 862 00:49:46,320 --> 00:49:48,720 Speaker 3: out the form and getting the gun, the person doesn't 863 00:49:48,760 --> 00:49:51,440 Speaker 3: get the gun. And that's why we call them lion 864 00:49:51,520 --> 00:49:55,200 Speaker 3: try cases. And the Justice Department is always rationalized, oh, well, 865 00:49:55,440 --> 00:49:58,960 Speaker 3: you know, look, we have limited prosecutorial resources and the 866 00:49:58,960 --> 00:50:02,839 Speaker 3: guy didn't get the gun anyway, so we're not going 867 00:50:02,880 --> 00:50:06,000 Speaker 3: to indict that case. Hunter's case is not a lie 868 00:50:06,000 --> 00:50:09,880 Speaker 3: in try case. Hunter's cases a lie get the gun 869 00:50:10,000 --> 00:50:12,680 Speaker 3: and then lose it. Across the street from a school case, 870 00:50:13,200 --> 00:50:17,840 Speaker 3: that kind of thing that gets prosecuted every single time. 871 00:50:18,360 --> 00:50:20,520 Speaker 3: And the only other thing I would say about it 872 00:50:20,560 --> 00:50:23,360 Speaker 3: is indications to me have always been I've never gotten 873 00:50:23,360 --> 00:50:26,280 Speaker 3: a satisfactory answer about this. I think there's two guns. 874 00:50:26,280 --> 00:50:29,239 Speaker 3: I don't think there's one. The gun that they do 875 00:50:29,280 --> 00:50:32,080 Speaker 3: the plea deal to is the revolver. But the gun 876 00:50:32,120 --> 00:50:35,040 Speaker 3: that you see in the salacious pictures that the like, 877 00:50:35,080 --> 00:50:37,120 Speaker 3: for example, ran in the New York Post, which were 878 00:50:37,160 --> 00:50:40,320 Speaker 3: in the same timeframe, that's a glock. That's not a revolver. 879 00:50:41,120 --> 00:50:43,399 Speaker 3: So unless that was a phony gun, which I don't 880 00:50:43,440 --> 00:50:45,200 Speaker 3: have any reason to think it was, there were two 881 00:50:45,239 --> 00:50:45,759 Speaker 3: guns here. 882 00:50:46,880 --> 00:50:49,160 Speaker 1: Interesting, good point, great observation. 883 00:50:49,920 --> 00:50:53,040 Speaker 2: I mean, he's probably guilty for like millions of crimes, 884 00:50:52,840 --> 00:50:56,200 Speaker 2: but to an exaggeration, but probably hundreds. But all right, 885 00:50:56,239 --> 00:51:00,600 Speaker 2: so before we go, last question, does Joe Biden pardon himself? 886 00:51:01,719 --> 00:51:04,440 Speaker 3: Yeah, so, I don't think so. But I think the 887 00:51:04,480 --> 00:51:07,280 Speaker 3: logic of the pardon is you have to pardon everybody 888 00:51:07,280 --> 00:51:11,120 Speaker 3: else who's a principal player in the influence peddling scheme, 889 00:51:11,200 --> 00:51:14,480 Speaker 3: meaning Jim and the you know, the associates who took 890 00:51:14,520 --> 00:51:16,560 Speaker 3: in the money from the foreigners and then whacked it 891 00:51:16,640 --> 00:51:20,120 Speaker 3: up into smaller amounts to sluice him through the Biden accounts. 892 00:51:20,640 --> 00:51:24,960 Speaker 3: The reason I don't think Biden has to pardon himself. 893 00:51:25,040 --> 00:51:28,200 Speaker 3: And by the way, Biden has had a meeting with Trump, right, 894 00:51:28,239 --> 00:51:31,279 Speaker 3: we don't have any idea what they discussed in any 895 00:51:31,840 --> 00:51:34,040 Speaker 3: of that stuff, so they who knows, they could even 896 00:51:34,120 --> 00:51:36,120 Speaker 3: there could be an understanding between them for all we know. 897 00:51:36,600 --> 00:51:40,960 Speaker 3: But Trump said many times that no former prosecutor, no 898 00:51:41,120 --> 00:51:43,840 Speaker 3: former president, should ever have to go through what he 899 00:51:44,000 --> 00:51:48,200 Speaker 3: had to go through. And it would have been very 900 00:51:48,320 --> 00:51:52,479 Speaker 3: messy for Trump coming into office if the Biden Justice 901 00:51:52,520 --> 00:51:56,280 Speaker 3: Department had decided to leave the two federal prosecutions against 902 00:51:56,320 --> 00:52:00,879 Speaker 3: Trump open, only for the Trump administration and the Trump 903 00:52:01,080 --> 00:52:03,759 Speaker 3: Justice Department to try to have to convince Judge chuck 904 00:52:03,840 --> 00:52:06,800 Speaker 3: In to let them dismiss the case. That would be 905 00:52:07,000 --> 00:52:14,520 Speaker 3: a messy litigation. I hes Trump won, and especially given 906 00:52:14,560 --> 00:52:16,759 Speaker 3: the depth of the breath of the win and the 907 00:52:16,800 --> 00:52:19,120 Speaker 3: fact that the Republicans are going to control both houses 908 00:52:19,160 --> 00:52:22,640 Speaker 3: of Congress, there was no upside to continuing with that case. 909 00:52:22,960 --> 00:52:25,920 Speaker 3: But it could have been messy and politically difficult for 910 00:52:25,960 --> 00:52:28,879 Speaker 3: Trump to have to dismiss the charges himself. Biden has 911 00:52:28,960 --> 00:52:31,279 Speaker 3: caused them to be dismissed. Those two cases are gone, 912 00:52:31,600 --> 00:52:34,360 Speaker 3: and I'm sure Trump appreciates that. And the other thing is, 913 00:52:35,520 --> 00:52:39,040 Speaker 3: you know, you have a situation here where in connection 914 00:52:39,160 --> 00:52:44,880 Speaker 3: with the classified documents, a federal prosecutor examined that and 915 00:52:45,080 --> 00:52:48,879 Speaker 3: found that Biden was too mentally compromised at this point 916 00:52:49,520 --> 00:52:52,759 Speaker 3: to be worth prosecuting, that it would be difficult to 917 00:52:52,840 --> 00:52:56,080 Speaker 3: take them to trial. I just think with that combination 918 00:52:56,200 --> 00:52:58,960 Speaker 3: of stuff, I don't see I don't see the Trump 919 00:52:59,440 --> 00:53:03,879 Speaker 3: Justice Department going after former President Biden at that point. 920 00:53:03,960 --> 00:53:06,759 Speaker 3: But I think the other guys. The only logic, the 921 00:53:06,840 --> 00:53:11,120 Speaker 3: only thing that makes sense to me after Hunter's pardon 922 00:53:11,640 --> 00:53:15,360 Speaker 3: is you have to pardon those other guys because Hunter's 923 00:53:15,440 --> 00:53:19,040 Speaker 3: pardon is so sweeping that he now has no Fifth 924 00:53:19,080 --> 00:53:22,360 Speaker 3: Amendment privilege. So if they're really worried about the Trump 925 00:53:22,560 --> 00:53:26,200 Speaker 3: Justice Department, they could throw Hunter into the grand jury 926 00:53:26,719 --> 00:53:32,560 Speaker 3: and ask him about all of the potential crimes in 927 00:53:32,680 --> 00:53:36,160 Speaker 3: the Biden influence peddling stuff that the Biden Justice Department 928 00:53:36,239 --> 00:53:39,239 Speaker 3: averted their eyes from, and they can ask about all 929 00:53:39,280 --> 00:53:43,680 Speaker 3: the people who never got charged with anything. So he's 930 00:53:43,719 --> 00:53:46,479 Speaker 3: got no basis to say I refuse to testify because 931 00:53:46,480 --> 00:53:49,320 Speaker 3: I'm worried about incriminating myself. His Fifth Amendment is gone, 932 00:53:49,800 --> 00:53:52,320 Speaker 3: so I don't see how you just pardon him and 933 00:53:52,480 --> 00:53:53,360 Speaker 3: not the other guys. 934 00:53:54,760 --> 00:53:57,560 Speaker 2: Interesting, I think we can all agree that Joe Biden 935 00:53:57,600 --> 00:53:59,759 Speaker 2: will not be getting a data the ear mug for 936 00:54:03,480 --> 00:54:06,200 Speaker 2: Annie McCarthy, prief of your time. I always learned so 937 00:54:06,320 --> 00:54:09,120 Speaker 2: much from you. It's always such an interesting conversation. So 938 00:54:09,719 --> 00:54:11,759 Speaker 2: love having you on and just really appreciate your time. 939 00:54:11,960 --> 00:54:13,440 Speaker 3: Thanks so much, Lisea. I enjoyed it. 940 00:54:13,600 --> 00:54:16,560 Speaker 2: That was any McCarthy. Appreciate him for giving us his time. 941 00:54:16,800 --> 00:54:18,880 Speaker 2: Always so interesting. I always learn a lot. Appreciate you 942 00:54:18,920 --> 00:54:21,320 Speaker 2: guys at home for listening every Monday and Thursday, but 943 00:54:21,400 --> 00:54:23,720 Speaker 2: you can listen throughout the week. Don't think John Cassio 944 00:54:23,719 --> 00:54:25,200 Speaker 2: and my producer for putting the show together. 945 00:54:25,360 --> 00:54:26,040 Speaker 1: Until next time.