WEBVTT - Failing to Meet the Moment 0:00:11.800 --> 0:00:14.640 Good morning, Peezza, and welcome to WIKAYF Daily with Meet 0:00:14.680 --> 0:00:18.439 your Girl Danielle Moody recording from the Home Bunker, Folks. 0:00:18.480 --> 0:00:25.240 Today we get another supersized episode with our friend Glenn Kirshner. 0:00:25.400 --> 0:00:31.600 As you know from Friday show, I was absolutely outdone 0:00:31.720 --> 0:00:37.479 and beside myself with the absolute spinelessness that Merritt Garland 0:00:37.640 --> 0:00:42.200 has shown over the last eighteen months of him being 0:00:42.360 --> 0:00:47.040 Attorney General. In my conversation with Glenn, Glenn reminds us 0:00:47.200 --> 0:00:53.680 that when the Mulla Report came out, there were ten charges, 0:00:53.840 --> 0:00:57.040 ten areas. Ten areas. Let me say that, not charges, 0:00:57.120 --> 0:01:02.840 ten areas where Donald Trump had committed crimes, and based 0:01:02.880 --> 0:01:05.880 on some bullshit policy, not a law, but a bullshit 0:01:06.000 --> 0:01:12.399 policy from the Department of Justice, you cannot try or 0:01:12.480 --> 0:01:15.480 indict a sitting president of the United States, which Glen 0:01:15.480 --> 0:01:19.000 will tell us in this upcoming interview makes us pretty 0:01:19.040 --> 0:01:21.800 much like a Banana Republic, because basically, what you're saying 0:01:22.120 --> 0:01:25.960 to a criminal president like Donald Trump is crime away, 0:01:26.040 --> 0:01:28.360 crime away, because nothing is going to happen to you. 0:01:29.240 --> 0:01:32.960 Merritt Garland had the ability as soon as Donald Trump 0:01:33.440 --> 0:01:36.720 was no longer president of the United States to roll 0:01:36.760 --> 0:01:42.680 out indictments based on those obstruction charges, based on what 0:01:42.760 --> 0:01:47.400 it was that he did with regard to conversations around Zelinski, 0:01:47.600 --> 0:01:52.280 the emolument's clause, and other things he chose not to. 0:01:53.360 --> 0:01:56.880 And so here we are in a position where we 0:01:56.960 --> 0:02:03.400 have had Robert Muller fail, We've had Merritt Garland fail 0:02:03.560 --> 0:02:06.680 to pick up Robert Muller's ball, and now we have 0:02:06.800 --> 0:02:10.320 Jack Smith away from Merritt Garland to continue kicking the 0:02:10.440 --> 0:02:14.440 responsibility can down the road. Glenn will provide us with 0:02:14.520 --> 0:02:17.840 some very interesting updates as it pertains to Jack Smith 0:02:17.880 --> 0:02:21.560 and his investigation and whether or not we are actually 0:02:21.760 --> 0:02:26.280 edging closer to Trump and anyone in his inner circle 0:02:26.600 --> 0:02:30.040 being held accountable for their crimes against his country and 0:02:30.120 --> 0:02:34.119 against our democracy. So coming up next, dear friends, our 0:02:34.240 --> 0:02:37.920 supersized episode with our good good friend, the host of 0:02:38.000 --> 0:02:45.840 Justice Matters and MSNBC Legal analyst Glenn Kirshner. Folks, you 0:02:45.880 --> 0:02:47.959 know that whenever I have the opportunity to talk with 0:02:48.000 --> 0:02:51.080 our dear friend, the host of Justice Matters in an 0:02:51.160 --> 0:02:55.280 MSNBC Legal analyst Glenn Kirshner, I am always thrilled but 0:02:55.400 --> 0:03:00.440 yet exasperated because every week for the past couple of years, 0:03:00.720 --> 0:03:04.440 Glenn and I have been sitting around wondering is justice 0:03:04.480 --> 0:03:09.480 ever going to matter again? And this week, Glenn, yet 0:03:09.520 --> 0:03:17.320 another blow. I am interpreting Merrick Garland's recent appointment of 0:03:17.360 --> 0:03:23.919 a special counsel to look into the handful of documents 0:03:23.960 --> 0:03:30.120 that Joe Biden's lawyers discovered, contacted authorities to say that 0:03:30.200 --> 0:03:34.120 they had said documents, then did their own search, found 0:03:34.200 --> 0:03:39.640 a few more, handed them over readily. It took Merrick Garland, 0:03:39.640 --> 0:03:45.120 according to Sawyer Hackett, seventy one days to appoint a 0:03:45.160 --> 0:03:49.200 special counsel to look into Joe Biden. It took him 0:03:50.000 --> 0:03:54.400 five hundred and fifty seven days to appoint a special 0:03:54.440 --> 0:03:59.200 counsel for Donald Trump. After Donald Trump lied about taking documents, 0:03:59.520 --> 0:04:04.320 then that they were his, refused to bring them, refuse 0:04:04.440 --> 0:04:07.280 to let them go. And we know that the documents 0:04:07.280 --> 0:04:10.520 that he had were nuclear secrets in a place that 0:04:10.600 --> 0:04:15.240 was unlocked. Glenn, make this make sense? Sure? So I 0:04:15.280 --> 0:04:17.880 think people are right to be frustrated that it took 0:04:17.920 --> 0:04:21.560 forever for him to appoint a special counsel for Donald Trump, 0:04:21.760 --> 0:04:24.320 and it took him two minutes to appoint a special 0:04:24.360 --> 0:04:26.839 counsel for Joe Biden. But I think we have to 0:04:26.880 --> 0:04:30.160 take a step back and look at why he appointed 0:04:30.360 --> 0:04:34.279 special counsel when he did. And I'm going to argue 0:04:34.320 --> 0:04:39.560 that under the special counsel regulations and statute, he it 0:04:39.640 --> 0:04:42.520 was appropriate to do it when he did it for 0:04:42.560 --> 0:04:47.080 those two issues. So there didn't have to be a 0:04:47.120 --> 0:04:50.920 special counsel appointed to investigate the crimes of Donald Trump 0:04:51.320 --> 0:04:54.960 until the moment Donald Trump announced he's Joe Biden's political 0:04:54.960 --> 0:04:58.719 opponent in the upcoming election, because that's what gives rise 0:04:59.080 --> 0:05:03.440 to the cont licked that Merrick Garland then had, because 0:05:03.480 --> 0:05:06.000 if he kept going after not that he was going 0:05:06.040 --> 0:05:09.760 after Donald Trump, nobody can accuse Merrick Garland of aggressively 0:05:10.080 --> 0:05:13.120 going after Donald Trump. I don't know why the Republicans 0:05:13.279 --> 0:05:16.880 aren't taking Merrick Garland out to lunch to celebrate every 0:05:17.000 --> 0:05:21.760 day because Merrick Garland has not aggressively gone after Donald Trump. 0:05:21.839 --> 0:05:24.360 As I was yelling and screaming on air with NICOLEJ. 0:05:24.360 --> 0:05:28.400 Wallace yesterday. But let me get my blood pressure back down, 0:05:29.560 --> 0:05:35.000 so breathe, breathe. So But the moment he announced, that's 0:05:35.040 --> 0:05:39.120 when he became Biden's political opponent. That's when Merrick Garland 0:05:39.360 --> 0:05:43.560 couldn't be perceived as going after Joe Biden's political opponent, 0:05:43.800 --> 0:05:46.960 so he had to appoint a special counsel. Here is why. 0:05:47.120 --> 0:05:49.719 So that's why it took so long. But Danielle and hindsight, 0:05:49.760 --> 0:05:51.760 I'm glad he did because I don't know that Merrick 0:05:51.760 --> 0:05:55.120 Garland ever would have aggressively gone after Donald Trump and 0:05:55.240 --> 0:05:57.400 Jack Smith is which we can talk about in a 0:05:57.400 --> 0:06:00.320 few minutes. And he's doing it and really important ways. 0:06:00.920 --> 0:06:04.800 So why did he Why did he instantly appoint a 0:06:04.839 --> 0:06:07.640 special counsel when Joe Biden was found to have some 0:06:07.720 --> 0:06:13.719 documents he shouldn't because he can't investigate his boss because 0:06:13.720 --> 0:06:17.120 that's a conflict. He can't. He can't even say I 0:06:17.160 --> 0:06:19.799 took a quick look at it, there's nothing there, let's 0:06:19.880 --> 0:06:23.799 move on. Everybody would yell and scream it's your boss. 0:06:23.839 --> 0:06:26.760 Of course you're going to protect him and say let's 0:06:26.800 --> 0:06:29.440 move on. Now. We know the Republicans are going to 0:06:29.520 --> 0:06:33.400 scream regardless of what Merrick Garland does or doesn't do. 0:06:34.000 --> 0:06:38.000 But even the legal purists, the people who don't you know, 0:06:38.279 --> 0:06:42.360 who really want to see the Department of Justice operate 0:06:42.680 --> 0:06:46.680 in a fair, a political, legitimate way, people like me 0:06:47.160 --> 0:06:49.680 and be like Oh, dude, that's not right. It's not 0:06:49.920 --> 0:06:53.240 he's your boss. And here's where the deal was sealed. 0:06:53.640 --> 0:06:57.400 For special counsel. Merrick Garland followed the guidance of the 0:06:57.480 --> 0:07:01.080 regulations and the statue, and he turned to this US 0:07:01.120 --> 0:07:03.920 attorney out in Chicago, who is a Trump appointee. I 0:07:03.960 --> 0:07:06.720 don't know why Merrick Garland forever feels like he needs 0:07:06.720 --> 0:07:09.560 to give everything to Trump appointee. You have no idea. 0:07:09.760 --> 0:07:13.120 I don't either, other than he thinks that it fosters 0:07:13.160 --> 0:07:16.680 the perception of fairness. I think it's a recipe for disaster. 0:07:16.760 --> 0:07:19.520 But let's set that aside. He gives it to this guy, 0:07:19.880 --> 0:07:24.600 John Loche, one of only two remaining of the ninety three, 0:07:24.640 --> 0:07:28.400 one of only two remaining. Trump appointed US attorneys for 0:07:28.640 --> 0:07:33.040 a preliminary review, which is appropriate, right, So he looked 0:07:33.040 --> 0:07:34.800 at it. He did a little bit of digging around, 0:07:34.800 --> 0:07:37.640 a little bit of investigating. He said, Hey, Attorney General Garland, 0:07:37.760 --> 0:07:41.480 based on my preliminary review, I think you should probably 0:07:41.520 --> 0:07:44.800 investigate this, and I think you should probably appoint a 0:07:44.840 --> 0:07:48.120 special counsel. Well, that sealed the deal, because Merrick Garland 0:07:48.240 --> 0:07:51.160 at that point can't say, okay, I asked you to 0:07:51.200 --> 0:07:54.400 do the review. I asked for your opinion. Your opinion 0:07:54.480 --> 0:07:56.920 is there should be a special counsel and that person 0:07:56.960 --> 0:08:00.480 should give this a look. I reject that and protect 0:08:00.560 --> 0:08:03.480 my boss Joe Biden. That would not have been a 0:08:03.520 --> 0:08:07.040 good look for Merrick Garland or the Department of Justice. 0:08:07.320 --> 0:08:11.360 So the concern and the complaint that one thing took 0:08:11.400 --> 0:08:15.880 forever and one thing was done instantly, that doesn't resonate 0:08:15.920 --> 0:08:19.040 with me. There are some things that do resonate with him. 0:08:20.200 --> 0:08:23.960 So people are trying to say there are some similarities. 0:08:24.000 --> 0:08:27.200 Trump had documents he shouldn't have had. Biden had documents 0:08:27.240 --> 0:08:30.400 he shouldn't have had. And that's true. But Danielle, that's 0:08:30.400 --> 0:08:36.720 where the similarities end. They end. What did Joe Biden do, frankly, 0:08:36.800 --> 0:08:41.920 what any good, honest, ethical, law abiding public servant would do. 0:08:42.440 --> 0:08:46.360 His team told him and mister President, we found some 0:08:46.400 --> 0:08:52.000 stuff at your pen office that shouldn't be there. They 0:08:52.200 --> 0:08:57.320 instantly told the National Archives, because that's who owns those documents, 0:08:57.400 --> 0:09:00.560 that's where those documents belong, and they return earn them. 0:09:00.600 --> 0:09:04.200 They told the Department of Justice. They instantly launched a 0:09:04.320 --> 0:09:07.880 search of any other place where these documents could be. 0:09:07.960 --> 0:09:11.000 Like Joe Biden's garage. They found a few more and 0:09:11.040 --> 0:09:14.160 they turned them over and they alerted the Department of 0:09:14.320 --> 0:09:19.880 Justice and of story. So if there's a legitimate investigation, 0:09:19.960 --> 0:09:22.000 I think what we're going to find now we can't 0:09:22.080 --> 0:09:25.960 prejudge the conclusions of the investigation, which will be conducted 0:09:25.960 --> 0:09:32.360 by another Trump appointed former DOJ official, Like, why can't 0:09:32.360 --> 0:09:35.560 we find a Bush appointee? Like why can't we find 0:09:35.600 --> 0:09:38.160 and like like I think that Bush isn't corrupted in 0:09:38.240 --> 0:09:41.400 his own way, but like, I'm just confused about why 0:09:41.920 --> 0:09:47.000 Merrit Garland believes that having the perception of some type 0:09:47.040 --> 0:09:51.440 of equal treatment with people who do not follow the 0:09:51.520 --> 0:09:55.840 rule of law is somehow going to make him seem 0:09:56.000 --> 0:10:03.640 like a equal and full age. They don't care, and 0:10:03.720 --> 0:10:06.720 they know we know that if you are a Trump appointee, 0:10:06.720 --> 0:10:09.319 I don't give a damn where you were appointed. You 0:10:09.440 --> 0:10:13.400 follow the rule book of make it long, make it last, 0:10:13.760 --> 0:10:16.760 make a media frenzy. So whether or not you find 0:10:16.840 --> 0:10:20.360 absolutely nothing, you're going to drag it out because it's 0:10:20.360 --> 0:10:23.040 going to be great for a media cycle for the 0:10:23.160 --> 0:10:25.960 Republicans and it's something for them to sink their teeth into. 0:10:26.280 --> 0:10:30.200 How Glenn does he keep doing this. That's a concern 0:10:30.320 --> 0:10:34.000 that I can't answer. But here is where I'll push 0:10:34.000 --> 0:10:37.400 back a little bit, Danielle. There are Trump appointed people, 0:10:37.520 --> 0:10:43.520 including judges, who have actually proven to be fair and impartial. 0:10:43.600 --> 0:10:45.840 The reason I say that is, look at the Trump 0:10:45.880 --> 0:10:51.959 appointees who delivered judge appointed a lean canon or Trump 0:10:52.000 --> 0:10:56.800 appointed judge a lean canon, a royal SmackDown, I mean, 0:10:57.040 --> 0:11:01.560 a much harder SmackDown than all at court judges typically 0:11:01.600 --> 0:11:05.760 deliver to trial court judges. Those were two Trump appointees. 0:11:05.880 --> 0:11:09.599 There are some Trump appointees on the Federal DISTRICCORD in Washington, 0:11:09.720 --> 0:11:13.720 DC who actually have been doing a darn good job, 0:11:14.000 --> 0:11:17.160 and some of them are even announcing, hey, you know, 0:11:17.360 --> 0:11:20.000 Donald Trump is kind of responsible for the insurrection. When 0:11:20.000 --> 0:11:23.240 are we going to see charges for him in substance? Right, 0:11:23.520 --> 0:11:26.480 So it's not all Trump appointees, But I agree with 0:11:26.520 --> 0:11:29.600 you that Merrick Garland falls into the trap every time 0:11:29.880 --> 0:11:33.120 of thinking it seems, oh, I got to find a 0:11:33.160 --> 0:11:36.840 Trump appointee to handle this. No, you don't, No, you don't. 0:11:36.960 --> 0:11:41.160 Robert Muller was a lifelong Republican, and he instantly became 0:11:41.360 --> 0:11:46.160 an angry Democrat in the propaganda and disinformation campaign of 0:11:46.160 --> 0:11:49.120 the Republicans. So why do you think it's a good 0:11:49.160 --> 0:11:53.760 thing to keep reaching for Trump appointees. I'm with you there, 0:11:54.080 --> 0:11:56.520 but water under the bridge, even though the bridge has 0:11:56.559 --> 0:12:02.079 been watched out a couple of times over So, we 0:12:02.440 --> 0:12:05.080 just talked about what Joe Biden did, how he handled 0:12:05.080 --> 0:12:07.640 this exactly as he should. I think what you're gonna 0:12:07.679 --> 0:12:11.120 find is that a bunch of folks packed up his stuff. 0:12:11.320 --> 0:12:15.120 This is not an excuse, but it's a reality. Anytime 0:12:15.120 --> 0:12:20.920 and administration changes political hands, everybody starts packing stuff up, 0:12:21.000 --> 0:12:23.400 throwing it in boxes, getting it the heck out of 0:12:23.440 --> 0:12:28.280 the federal offices. And it's not the most sort of thoughtful, 0:12:28.800 --> 0:12:33.160 controlled process. And you're gonna find some folks who are 0:12:33.200 --> 0:12:36.439 being interviewed now who used to work with Joe Biden 0:12:36.480 --> 0:12:38.360 when he was president, who we're going to say, Yeah, 0:12:38.360 --> 0:12:40.199 I boxed up a whole bunch of stuff. Frankly, I 0:12:40.240 --> 0:12:42.760 didn't pay much attention to it, and we had a 0:12:42.880 --> 0:12:47.400 shipped to location X. So I suspect that's what you're 0:12:47.440 --> 0:12:50.240 gonna find. We know that's not what Donald Trump did. 0:12:50.240 --> 0:12:55.640 Why because Donald Trump posted the following, I openly and 0:12:55.679 --> 0:13:00.240 transparently took all those documents. Well, thank you for letting 0:13:00.320 --> 0:13:04.280 us know that and helping the prosecutors prove that element 0:13:04.360 --> 0:13:07.680 of the crime that you know, we appreciate that. So 0:13:07.760 --> 0:13:09.360 and he also said, and they were mine, and I 0:13:09.360 --> 0:13:11.720 did classified them with my mind, and then when can 0:13:11.800 --> 0:13:16.320 I declassify them with my mom an x men? Exactly, 0:13:16.360 --> 0:13:19.240 It's like an old Kreskin act. He's gonna bend a spoon. 0:13:19.880 --> 0:13:23.360 Um Kruskin's for the old, for the young kids. Kreskin 0:13:23.880 --> 0:13:26.679 was a mentalist who used to appear on Johnny Carson. 0:13:26.720 --> 0:13:30.440 I grew up on Johnny Carson. Okay, yeah, So but 0:13:30.559 --> 0:13:35.040 what did Donald Trump do when the National Archives said, hey, sport, 0:13:35.200 --> 0:13:37.120 you got our documents? He said, I don't care, you're 0:13:37.120 --> 0:13:40.040 not getting them back. Great, and months and months and 0:13:40.160 --> 0:13:45.480 months and months of fruitless negotiation with the documents hostage taker, 0:13:45.520 --> 0:13:49.720 with the documents terrorists, that is Donald Trump. Then the 0:13:49.840 --> 0:13:53.760 FBI and DOJ officials, including my former colleague Jay Bratt, 0:13:53.760 --> 0:13:57.559 went Tomorrow Lago and said, give us the documents back, 0:13:57.880 --> 0:14:00.960 and he wouldn't. Then a grand jury he subpoenaed the 0:14:01.120 --> 0:14:05.640 documents as part of a criminal investigation, and Donald Trump 0:14:06.280 --> 0:14:10.080 spit on that subpoena committing the crime of obstruction of justice. 0:14:11.160 --> 0:14:13.600 And then we finally had a breakdown and get a 0:14:13.600 --> 0:14:16.959 search warrant because a federal judge concluded that there were 0:14:16.960 --> 0:14:19.640 three crimes that were committed and that evidence of those 0:14:19.680 --> 0:14:23.320 crimes would be found at Donald Trump's home in Mara Lago. 0:14:23.560 --> 0:14:26.560 And when the FBI executed that search warrant, they found 0:14:26.600 --> 0:14:31.440 classified documents, including in Donald Trump's desk drawers, and Danielle 0:14:31.440 --> 0:14:33.800 here's the kicker. And I haven't heard many people talk 0:14:33.840 --> 0:14:38.280 about this as of right now today, Donald Trump is 0:14:38.320 --> 0:14:44.040 still in court. Federal prosecutors are demanding that he certified 0:14:44.480 --> 0:14:47.800 or he appoints somebody to certify that he has been 0:14:47.960 --> 0:14:52.240 over all of the stuff he's stolen, and he won't 0:14:52.360 --> 0:14:56.320 do it. Joe Biden instantly had searches conducted and said, 0:14:56.360 --> 0:14:59.640 you've got it all now, I mean talk about Knight 0:14:59.720 --> 0:15:07.200 and are you kidding me? So then, Glenn, I mean, 0:15:07.240 --> 0:15:09.400 here's the thing. I mean, this is why I think 0:15:09.400 --> 0:15:12.560 that the both of us are just breathless at this 0:15:12.640 --> 0:15:16.680 point right because the comparisons that are being made in 0:15:17.040 --> 0:15:22.240 mainstream media are absolutely irresponsible. They have just recently started 0:15:22.240 --> 0:15:26.160 to have any bit of nuance in their reporting. But 0:15:26.440 --> 0:15:29.000 you know, I said to folks on wok F the 0:15:29.040 --> 0:15:31.440 other day, I'm at the gym and I'm looking over 0:15:31.760 --> 0:15:33.680 at the woman in front of me who's on the 0:15:33.680 --> 0:15:36.600 elliptical machine watching Fox News. It takes everything in me 0:15:36.680 --> 0:15:39.360 not to jump off my elliptical machine and turn off 0:15:39.360 --> 0:15:44.040 what she's watching. All you see breaking news, Biden documents, 0:15:44.120 --> 0:15:48.040 You see McCarthy, Kevin McCarthy get up in front of 0:15:48.080 --> 0:15:50.960 reporters and talk about the Biden foux paw. And then 0:15:50.960 --> 0:15:55.520 you have Lauren Bobert Twitter and saying like I hope 0:15:55.560 --> 0:15:57.480 that that this is not just more of a cover 0:15:57.600 --> 0:16:00.680 up of the Biden scandal. All of this and it 0:16:00.840 --> 0:16:04.240 is just swirling, swirling, swirling, and the media, because most 0:16:04.280 --> 0:16:08.280 of them are owned by right wing Republican billionaires, are 0:16:08.360 --> 0:16:12.440 just running with it. So there's no nuance here. And 0:16:12.520 --> 0:16:17.720 I wonder how detrimental do you think that this actually is. 0:16:19.080 --> 0:16:26.040 I actually think the Republican politicians are not deep thinkers well, 0:16:26.240 --> 0:16:31.520 because every time they criticize Joe Biden for having documents 0:16:31.560 --> 0:16:36.360 he admittedly shouldn't have had, they are criticizing Donald Trump 0:16:36.360 --> 0:16:40.960 a thousand times over for doing the same thing with 0:16:41.120 --> 0:16:46.680 criminal intent. To the thousandth degree that Joe Biden did. 0:16:46.720 --> 0:16:50.640 So every time a Republican says Joe Biden needs to 0:16:50.680 --> 0:16:56.000 be held accountable for this, I say, and therefore what 0:16:56.080 --> 0:17:00.000 you're saying is Donald Trump needs to be held accountable 0:17:00.400 --> 0:17:06.639 a thousand times more seriously, because what he did is 0:17:06.680 --> 0:17:11.600 a thousand times worse than what you're saying Joe Biden did. Right, 0:17:12.080 --> 0:17:17.240 So the minute they start saying prosecute Biden, well then 0:17:17.520 --> 0:17:21.000 they're announcing that they agree Trump needs to be prosecuted. Now, 0:17:21.200 --> 0:17:25.040 Biden doesn't need to be prosecuted unless this investigation reveals 0:17:25.560 --> 0:17:32.760 that he intentionally took and criminally retained these documents. But 0:17:33.240 --> 0:17:35.960 there's one easy fact that does away with all this. 0:17:36.680 --> 0:17:39.640 The National Archives never even asked him for a document 0:17:39.800 --> 0:17:42.919 because they didn't know anything was missing. Because it's just 0:17:43.000 --> 0:17:46.320 like a handful of stuff that probably did get inadvertently 0:17:46.359 --> 0:17:49.159 stuck in a box and packed up by a staffer. 0:17:50.200 --> 0:17:53.239 That I mean again talk about night and day. You know, 0:17:53.560 --> 0:17:57.720 there is a defense in the criminal law called the stake. 0:17:58.280 --> 0:18:02.399 There's a defense in the criminal law called accident. I 0:18:02.440 --> 0:18:05.840 mean literally, if you look in the you know the 0:18:06.400 --> 0:18:09.680 rules of procedure, you look in the appellate case law. 0:18:09.880 --> 0:18:16.480 You look in the statutes, there are defenses called mistake accident. 0:18:16.960 --> 0:18:21.040 Those are defenses to crime. Why because if you do 0:18:21.119 --> 0:18:26.200 something mistakenly or you do something accidentally, there's no criminal 0:18:26.240 --> 0:18:30.719 act and there's certainly no criminal intent. So you know, 0:18:30.880 --> 0:18:35.479 come on, as long as this new Special Council is 0:18:35.680 --> 0:18:40.040 an honest, you know, broker of the facts and the law, 0:18:40.720 --> 0:18:45.399 then he should pretty quickly. And here's the other distinguishing feature. 0:18:46.320 --> 0:18:50.400 Everybody at this early stage, based on the reporting, everybody 0:18:50.440 --> 0:18:53.240 he's asking to interview, is like, please, if you if 0:18:53.280 --> 0:18:55.239 you want me there at ten am, I'll be there 0:18:55.240 --> 0:18:57.600 at nine thirty to tell you everything I know, as 0:18:57.640 --> 0:19:01.680 opposed to Team Trump fighting tooth and nail and saying 0:19:01.680 --> 0:19:05.080 I don't remember and not being willing to submit to interviews. 0:19:05.119 --> 0:19:06.880 Come on, at the end of the day, this has 0:19:06.920 --> 0:19:10.199 to shake out. I mean, my thing is that and 0:19:10.240 --> 0:19:15.760 then will transition to Jack Smith. But my concern, Glenn 0:19:15.920 --> 0:19:20.639 is that this turns into a Komy situation, which is 0:19:21.080 --> 0:19:28.920 in October right of twenty sixteen, Komey says, Oh, we're 0:19:29.040 --> 0:19:34.359 reopening the investigation into Hillary Clinton's emails three weeks before 0:19:34.400 --> 0:19:38.800 the fucking election. Two then turn around and say, oh, yeah, 0:19:38.840 --> 0:19:45.359 but we didn't find anything. I'm great observation, great observation, 0:19:47.119 --> 0:19:52.000 and I hope that once Jack Smith and I'm excited 0:19:52.040 --> 0:19:55.240 to talk about Jackson in a minute, I really am. 0:19:55.359 --> 0:19:58.720 Once the indictments start to drop, that is going to 0:19:58.760 --> 0:20:02.440 take up all the oxy and I think a lot 0:20:02.480 --> 0:20:09.639 of these other flipping ridiculous distractions are going to melt away. 0:20:09.960 --> 0:20:12.440 You know, we had to contend with the judge a 0:20:12.600 --> 0:20:16.840 lean Kennon appointing a special mastered distraction, right, and then 0:20:17.000 --> 0:20:22.040 ultimately that melted away. I think once Jack Smith starts 0:20:22.160 --> 0:20:25.679 dropping criminal indictments on the heads of Donald Trump and 0:20:25.760 --> 0:20:28.639 his co conspirators, a lot of this other stuff is 0:20:28.640 --> 0:20:32.080 going to melt away. But what you just articulated is 0:20:32.080 --> 0:20:36.280 a huge concern if this special counsel her his last 0:20:36.359 --> 0:20:39.800 name is hu r Her, if he is not an 0:20:39.840 --> 0:20:42.480 honest broker of the facts and the law and doesn't 0:20:42.520 --> 0:20:45.120 move out in a timely manner. This is a very 0:20:45.240 --> 0:20:49.480 bite sized investigation. Who packed up the boxes how today 0:20:49.560 --> 0:20:53.880 end up where they ended up? Investigation concluded. So I'm 0:20:54.000 --> 0:20:57.879 less concerned about that unless her is a true Trump 0:20:57.960 --> 0:21:04.120 loyalist who is willing to unethically proceed with this investigation. Okay, 0:21:05.400 --> 0:21:11.520 switching gears to Jack Smith. What's what's the latest? This is? 0:21:11.600 --> 0:21:15.119 This is beautiful, It's beautiful and it's appalling all at once. 0:21:16.359 --> 0:21:19.159 So you know again, I was on with Carol Lennig 0:21:19.280 --> 0:21:23.000 and some others on with Nicole Wallace last night. We 0:21:23.080 --> 0:21:25.040 talked about all this. Carol and her team at the 0:21:25.080 --> 0:21:30.840 Washington Post broke some reporting that in early December, Jack 0:21:30.960 --> 0:21:37.000 Smith carpet bombed some folks with subpoenas, and those subpoenas 0:21:37.040 --> 0:21:41.760 covered more than a dozen categories of evidence. It was 0:21:42.080 --> 0:21:47.399 fake electors. It was all communications that Trump's people had 0:21:47.440 --> 0:21:52.479 with state election officials. It was investigating the financing of 0:21:52.520 --> 0:21:55.640 the Save America pack and the Legal Defense Fund pack, 0:21:55.720 --> 0:21:58.320 which we all know was all about fraud and not 0:21:58.520 --> 0:22:01.639 at all about legitimate fund raising. It was in this 0:22:01.680 --> 0:22:05.440 one I love. He was sending subpoenas to witnesses saying, 0:22:05.480 --> 0:22:08.000 I want to know who's paying your attorney's legal bills, 0:22:08.040 --> 0:22:10.840 and I want you to provide me with the attorney 0:22:11.040 --> 0:22:16.440 retainer fee fee agreement because I'm not going to take 0:22:16.480 --> 0:22:19.080 your word for it. I want to damn paperwork. Why 0:22:19.200 --> 0:22:22.880 because what we learned about Cassidy Hutchinson being represented by 0:22:22.960 --> 0:22:26.760 Stefan Passantino, who was on Team Trump rather than on 0:22:26.840 --> 0:22:30.960 Team Hutchinson his own client. Right, Jack Smith is going 0:22:31.200 --> 0:22:34.560 scorched earth, and he's going a million miles an hour. 0:22:35.000 --> 0:22:38.000 These subpoenas Danielle that he sent out went out in 0:22:38.119 --> 0:22:41.440 early December. We're just learning about them now. Jack Smith 0:22:41.560 --> 0:22:45.520 was appointed on November eighteenth. What does that and he 0:22:45.600 --> 0:22:49.960 wasn't even in country, he was recovering from a triathlon accident. 0:22:50.400 --> 0:22:55.720 What does that tell you about the pace he is setting? Okay, 0:22:55.960 --> 0:22:58.680 that's a good thing, and I want to talk about 0:22:58.680 --> 0:23:01.920 how hopefully the third time a charm Bob Muller, Merrick Garland, 0:23:02.000 --> 0:23:05.119 jack Smith, what we can hope we finish up with that. 0:23:06.000 --> 0:23:11.080 But so that's a beautiful thing from this aggressive former 0:23:11.200 --> 0:23:17.960 prosecutor's perspective. But it also tells us that these basic 0:23:18.760 --> 0:23:22.560 investigative steps that Jack Smith is taking, we're not taken 0:23:22.560 --> 0:23:25.399 for a year and a half under Merrick Garland. And 0:23:25.560 --> 0:23:28.560 what we're gonna have to do when this sad chapter 0:23:28.720 --> 0:23:32.240 of our nation's history is behind us and Trump and 0:23:32.320 --> 0:23:35.840 company are in orange jumpsuits, We're going to have to 0:23:35.840 --> 0:23:41.600 do an autopsy why the Department of Justice failed to 0:23:41.680 --> 0:23:46.080 meet the moment under Merrick Garland. I still don't happen 0:23:46.119 --> 0:23:49.000 to believe it's because Garland is corrupt. I think he's 0:23:49.040 --> 0:23:51.720 too much judge and not enough prosecutor. I don't think 0:23:51.760 --> 0:23:54.240 he had I don't think he had it in him 0:23:54.280 --> 0:23:59.840 to make difficult, aggressive law enforcement decisions, prosecutorial decisions. He 0:24:00.080 --> 0:24:03.199 treated everything like it was, you know, a meeting of 0:24:03.280 --> 0:24:06.440 his clerks in his chambers, trying to figure things out, 0:24:06.480 --> 0:24:09.840 and engaged in what I call legal naval gazing and 0:24:10.800 --> 0:24:14.400 analysis paralysis and all that. But we're going to need 0:24:14.440 --> 0:24:18.320 to know why the Department of Justice under Merrick Garland 0:24:18.359 --> 0:24:20.479 failed to meet the moment? What was that a product 0:24:20.560 --> 0:24:22.399 of because we're going to have to learn from it, 0:24:22.600 --> 0:24:26.119 just like the J six investigation is helping us learn 0:24:26.400 --> 0:24:30.080 what legislation is needed to avoid this from ever happening again. 0:24:30.960 --> 0:24:34.800 But at the end of the day, and I feel 0:24:34.840 --> 0:24:37.720 like I've been fooled a couple of times, and I 0:24:37.800 --> 0:24:40.760 run the risk of being fooled a third time because 0:24:40.800 --> 0:24:42.640 I thought Bob Muller was going to bring it home 0:24:42.720 --> 0:24:45.400 full disclosure, he was my chief of Homicide. I think 0:24:45.480 --> 0:24:48.480 highly of him. I think if you read his report, 0:24:48.880 --> 0:24:53.720 he documented in meticulous fashion the obstruction of justice crimes 0:24:53.760 --> 0:24:57.000 Donald Trump committed, and he testified that Donald Trump can 0:24:57.040 --> 0:24:59.920 be indicted the day he leaves office. But of course 0:25:00.359 --> 0:25:04.480 he never was. And that's Marrek Garland's decision as well. 0:25:04.560 --> 0:25:07.720 Even though Marek Garland wasn't in place on the day 0:25:07.760 --> 0:25:10.200 Donald Trump left office, he came, I believe in March, 0:25:10.359 --> 0:25:13.520 a couple of months later. Still the principal holes. There 0:25:13.560 --> 0:25:16.119 were these crimes that could have been brought and you 0:25:16.320 --> 0:25:19.280 decided not to bring them that we will need to 0:25:19.280 --> 0:25:22.600 do an autopsy on. Right, So Bob Muller couldn't bring 0:25:22.680 --> 0:25:25.600 it home. And let's remember I always have to say this, 0:25:27.200 --> 0:25:31.000 Bob Muller was laboring under this horrific DJ policy that 0:25:31.040 --> 0:25:33.800 you can't indict a sitting criminal president, which is the 0:25:33.800 --> 0:25:38.280 stuff of banana republics. I don't understand why we announce 0:25:38.680 --> 0:25:41.480 mister president, please please commit all the crimes you want 0:25:41.480 --> 0:25:46.679 because we were Trump is running again. Why do we 0:25:46.720 --> 0:25:49.000 think that, right? Because it's the best cover for him, 0:25:49.440 --> 0:25:52.960 exactly so? And then so Bob Muller couldn't bring it home. 0:25:53.400 --> 0:25:56.520 Marek Garland couldn't bring it home. We have a saying 0:25:57.040 --> 0:26:01.159 third times a charm, and you know it may sound 0:26:01.320 --> 0:26:05.720 trite and cliche, but it's a saying that has grown 0:26:05.840 --> 0:26:09.159 up for a particular reason. And now we're on the 0:26:09.280 --> 0:26:12.639 third go round Jack Smith. I'm hoping third time is 0:26:12.680 --> 0:26:15.520 a charm. And at least I'm comforted by the fact 0:26:15.560 --> 0:26:20.719 that Jack Smith has brought some scorched earth prosecutions against 0:26:20.800 --> 0:26:27.840 Republican criminals, Democrat political criminals, CIA officers. He is a 0:26:27.880 --> 0:26:32.640 hard charger against criminals who are Republicans and criminals who 0:26:32.680 --> 0:26:40.080 are Democrats, and he brings difficult cases and sometimes he 0:26:40.160 --> 0:26:42.560 wins and sometimes he loses. And I like the fact 0:26:42.640 --> 0:26:45.000 that he loses because that proves to me he's not 0:26:45.080 --> 0:26:49.280 afraid to bring them. And so I have some confidence, 0:26:49.320 --> 0:26:52.760 based on his bona FIDE's that maybe the third time 0:26:52.800 --> 0:26:58.880 will be the charm. The last question for you, Gleam, 0:26:58.920 --> 0:27:06.600