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Speaker 1: Welcome everybody. Wednesday edition of The Clay Travis en Buck

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Speaker 1: Sexton Show kicks off right now, and we've got a

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Speaker 1: big show for you. Alena Haba will be with us

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Speaker 1: in the second hour. Trump attorney in the BIVL case before,

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Speaker 1: and she's going to tell us about what she thinks

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Speaker 1: about what's going on here in NYC with the Alvin

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Speaker 1: Bragg prosecution, persecution of Donald Trump. Also Dave McCormick, big

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Speaker 1: finance guy, army veteran and running for Senate in Pennsylvania.

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Speaker 1: You're going to talk about the some of the specific

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Speaker 1: encampments in Pennsylvania and these protest encampments and the governor

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Speaker 1: of Pennsylvania what he's been up to. He's a Democrat,

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Speaker 1: so we shall have that discussion. But the big stuff today,

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Speaker 1: the big news today that we have to dive into

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Speaker 1: right away, Donald Trump trials. We knew this was going

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Speaker 1: to happen. It is not in the least bit surprising

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Speaker 1: that there's going to be a Trump trial dominance in

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Speaker 1: the news cycle, even in a presidential election year. Instead

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Speaker 1: of rallies, we are focusing in on court appearances because

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Speaker 1: that's what's happening, and in some cases instead of rallies,

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Speaker 1: there are these court appearances. So let's start with some

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Speaker 1: good news, good news if you believe in injustice, and

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Speaker 1: that is that the judge Eileen Cannon, who is overseeing

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Speaker 1: the Trump Documents marl Lago obstruction case, has made it

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Speaker 1: so it's very unlikely that trial is going to happen

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Speaker 1: now before the election. She's pushed back the start date

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Speaker 1: on the calendar, some issues of classification that have to

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Speaker 1: be adjudicated, which I always thought was going to be

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Speaker 1: the case. Clay, We'll dive into the analysis on this

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Speaker 1: in a second. I just want to lay out another

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Speaker 1: bit of news. Eric Adams admitted at a press conference

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Speaker 1: yesterday that the New York City prison director for Rikers

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Speaker 1: Island has had discussions with the city about how they

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Speaker 1: would incarceraate Donald Trump. I think that that should be

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Speaker 1: noted that he said he tried to dance around it,

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Speaker 1: but eventually he said, yeah, no, we're ready for that.

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Speaker 2: Now.

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Speaker 1: He didn't say it's going to happen. He just said

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Speaker 1: they're ready for it. So discussions about whether Trump could

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Speaker 1: be put in jail on contempt or perhaps even upon

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Speaker 1: a guilty verdict are not crazy. In the least because

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Speaker 1: there are already discussions about how they would logistically do it.

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Speaker 1: But Clay, let's start with the Eileen Canon situation. The

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Speaker 1: Libs are very upset about this, very upset. She has

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Speaker 1: indefinitely postponed the trial significant issues around classified evidence that

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Speaker 1: have to be worked out. I knew this was the case, Clay,

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Speaker 1: because even in really egregious classified information prosecutions, there's always

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Speaker 1: this problem of is it really classified? And if it

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Speaker 1: is really classified, the jury has to see it to

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Speaker 1: really know that it's so classified. And if the jury

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Speaker 1: can't see it because it's so sensitive, how can the

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Speaker 1: jury know? And if a jury does see it and

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Speaker 1: it's super sensitive, well, aren't we then just telling more

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Speaker 1: people the nuclear secrets, so to speak, or something really important?

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Speaker 1: And is it really worth the government's time to do that? Anyway?

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Speaker 1: That's how this stuff goes down. I know you're looking

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Speaker 1: at Eiland Cannon. The more she upsets the Libs, the

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Speaker 1: more justice is done. What do you make of all this?

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Speaker 3: This is this case is never going to trial. I

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Speaker 3: think this case is never going to trial even if

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Speaker 3: Trump loses in twenty twenty four, because what Judge Cannon

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Speaker 3: has pointed out is there are now issues with how

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Speaker 3: this is ridiculous and absurd, but this is where we are.

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Speaker 3: There are issues with how the government has handled and

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Speaker 3: cataloged the classified documents that they claim Donald Trump mishandled.

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Speaker 3: So we're now in a situation where the government raid

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Speaker 3: about mishandled classified documents has now led to the government

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Speaker 3: acknowledging that in some ways it mishandled the classified documents

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Speaker 3: and catalog of those classified documents, and Judge Cannon is

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Speaker 3: actually willing to ask these questions. She's also contemplating the

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Speaker 3: entire selective prosecution aspect to this, where Mike Pence gets a, hey,

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Speaker 3: you did find no issues. Joe Biden gets a hey,

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Speaker 3: he's a doddering old man. His mental capacity is too

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Speaker 3: weak to allow him to be charged with a crime.

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Speaker 3: Hillary Clinton gets a well, yes, you've committed a crime,

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Speaker 3: but we're not going to prosecute. And then Donald Trump

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Speaker 3: gets you have to spend the rest of your life

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Speaker 3: in prison because you mishandled classified documents. And the way

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Speaker 3: it's being set up, the raid, the Biden administration's involvement,

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Speaker 3: this is all a sham. And what's funny to me

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Speaker 3: about this buck is Eileen Cannon is just asking the

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Speaker 3: judge here basic questions to try to get the everything

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Speaker 3: lined up. And people on the left, they live in

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Speaker 3: such a delusional echo chamber that somehow they're stun that

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Speaker 3: this case is not going to happen. We've been telling

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Speaker 3: our audience for a year now. I think I set

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Speaker 3: the number at one. It's going to be one case

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Speaker 3: that gets completed. And somehow on the left they have

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Speaker 3: no idea that this is the case, even though it's

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Speaker 3: been self evident for anyone with a functional brain for

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Speaker 3: some time.

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Speaker 1: Where all this was headed. You know, they were wrong

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Speaker 1: about everything Russia collusion in the most spectacular way. And

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Speaker 1: you'll notice that some of the same pundits, politicians, legal

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Speaker 1: experts who are so certain that Trump is in deep trouble.

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Speaker 1: Remember it was a joke during the Trump administration. It

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Speaker 1: became a joke, the walls are closing in. He's finally

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Speaker 1: gone too far. For four years they said this, and

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Speaker 1: of course the walls never closed in, and he had

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Speaker 1: not gone too far. They did not lose, though, the

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Speaker 1: people that were saying that any credibility on the left,

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Speaker 1: because this is about satisfying the emotions of the left wing.

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Speaker 1: Mom And if you want to be on TV and

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Speaker 1: you want to sell books, and you want to be

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Speaker 1: you want to get votes. If you're a politician, you

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Speaker 1: have to tell people what they want to hear about Trump.

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Speaker 1: And that means everything legal against Trump. They've got him.

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Speaker 1: He broke the law. It's going to go badly for him.

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Speaker 1: They said this. Even about the issue of the state ballots.

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Speaker 1: There were a lot of people going on television saying

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Speaker 1: it's completely First of all, there were judges who said

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Speaker 1: it was legitimate. Think about that for a moment. Lower

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Speaker 1: court judges in the state of Colorado, but Colorado and

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Speaker 1: Maine tried to remove Trump from the ballot, and Nino

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Speaker 1: the Supreme Court said, effectively, you guys are out of

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Speaker 1: your mind. Absolutely cannot do that. Okay. And the people

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Speaker 1: that were saying the other stuff that was wrong, they're

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Speaker 1: now the same people saying, oh, it's so horrible what

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Speaker 1: Aileen Cannon is doing. But Clay. They're also the people

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Speaker 1: who say they went after Hunter Biden because he's Biden's son,

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Speaker 1: not because he broke the law. They are living in

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Speaker 1: a delusional, alternate universe, and Trump is the thing that

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Speaker 1: spirals them more than anything else.

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Speaker 3: I also think this is a situation where a lot

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Speaker 3: of people in media are afraid of having an opinion

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Speaker 3: if they're not highly educated in this space.

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Speaker 1: And so the.

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Speaker 3: Strangle point on the left is completely occupied by people

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Speaker 3: who say, Oh, Trump's going to spin the rest of

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Speaker 3: his life in prison. Oh, these charges are so significant, Oh,

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Speaker 3: removing him from the ballot is very valid because there

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Speaker 3: aren't that many actual, quote unquote legal experts. When the

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Speaker 3: New York Times editorial page is filled with people saying

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Speaker 3: this is a serious situation, when MSNBC and CNN are

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Speaker 3: filled with people in the same way, what you really

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Speaker 3: have is a choke point where there aren't that many

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Speaker 3: people who are willing to oppose them. And as a result,

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Speaker 3: you can ease more easily seen an artificial narrative than

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Speaker 3: you could on something where everybody feels comfortable having an opinion.

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Speaker 3: Does that make sense, because I do think what they're

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Speaker 3: particularly skilled that in terms of narrative shaping is recognizing

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Speaker 3: choke points and making sure that they grab everything in

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Speaker 3: the area of the choke point. And this is why

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Speaker 3: they really want to restrict speech so substantially. But really,

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Speaker 3: the loser here is the audience. Right, if you're a

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Speaker 3: diehard MSNBC fan and you had been told, oh, what

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Speaker 3: Colorado did is legit, Oh, what Maine did is legit.

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Speaker 3: If you read the New York Times editorial page and

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Speaker 3: then it's nine oh, you should not be angry at

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Speaker 3: the Supreme Court for the nine oh decision. You should

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Speaker 3: be angry at all of the prognosticators who told you

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Speaker 3: that this was a legitimate threat to Trump and he

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Speaker 3: was going to be off the ballot. But they're not willing.

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Speaker 1: Well, you're but you're approaching it as a person of

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Speaker 1: emotional stability and who looks at these things rationally. We

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Speaker 1: see it claim when the Supreme Court says nine to oh,

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Speaker 1: their response is, well, the Supreme Court is now is illegitimate?

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Speaker 1: The Supreme Court itself is the problem. Right, there's always

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Speaker 1: yes and a shift. There's a boy, there's always a

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Speaker 1: shifting of the blame away from the idiots who are

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Speaker 1: telling them things that were not true. And in this

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Speaker 1: classified documents case, let's remember photos which got out into

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Speaker 1: the media. Yes, of these super classified documents arrayed on

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Speaker 1: the floor like they were doing. You know, one of

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Speaker 1: those put drugs and guns on the table raids. Those

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Speaker 1: who have seen the wire know what I'm talking about.

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Speaker 1: Drugs and guns on the table. You know, that's how

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Speaker 1: the cops in some area show that they're cracking down. Right,

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Speaker 1: You get a couple of kilos of heroin or some

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Speaker 1: files of crack and you get a Mac ten that

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Speaker 1: was a big thing in the nineties. You know, you

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Speaker 1: get one of a Tech nine. Remember that you put

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Speaker 1: that on the table. Looks scary. Oh look, we're doing

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Speaker 1: our job. They did that with classified documents, a raid

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Speaker 1: on the floor. Part of the issue here is what

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Speaker 1: was that. What were the handling procedures for these classified documents?

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Speaker 1: Did you move them around? Did you actually take them

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Speaker 1: as you were supposed to? This? Guess what? In our

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Speaker 1: system you get to adjudicate these things. You don't get

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Speaker 1: to ram this through against the defendant because there's an

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Speaker 1: election coming up that you decided, meaning the Democrats, to

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Speaker 1: ignore so you could take this guy down.

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Speaker 3: We need to talk also. So that happened yesterday afternoon,

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Speaker 3: shortly after we went off the air. So the South

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Speaker 3: Florida classified documents case is not going to go to trial,

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Speaker 3: I don't think ever, but certainly not until after the

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Speaker 3: twenty twenty four election. Okay, all, so we come back.

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Speaker 3: We'll start to break this down. Fanny Willis is done for.

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Speaker 3: I think she's going to get removed from the duck.

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Speaker 3: She's going to be Fanny because she keeps showing her ass.

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Speaker 3: This is one that I'm intentionally mispronouncing, and she is

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Speaker 3: done for. The Georgia Court of Appeals has decided that

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Speaker 3: they are going to examine the ruling from the I

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Speaker 3: know this is all very complicated. It's like you're going

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Speaker 3: to law school, because there's also many different moving parts here.

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Speaker 3: We'll talk about it. But what you need to know

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Speaker 3: is Trump is winning in a big way in all

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Speaker 3: of these cases except New York. Even in New York.

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Speaker 3: I think New York is going well for him. Oh no,

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Speaker 3: it's going well that too. But it's not It's a

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Speaker 3: long way, you know, it's a long way. The only

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Speaker 3: case that's going to happen, and it's the most sham

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Speaker 3: ridiculous kangaroo court absurdity.

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Speaker 1: I'm not convinced they're not going to start the Jay

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Speaker 1: sixth case. And if they started in September the DC case,

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Speaker 1: not convinced they Clay, Why wouldn't they if they can,

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Speaker 1: what's going to stop them.

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Speaker 3: I don't think they're going to be allowed to do it.

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Speaker 3: We'll talk about that. I think you're right. If they can't,

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Speaker 3: they stop them, well, because I think what the Supreme

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Speaker 3: Court is going to say is you have to have

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Speaker 3: a factual hearing to determine which of these actions that

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Speaker 3: you have alleged are specifically related to the presidency and

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Speaker 3: outside the scope of the presidency. And then we have

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Speaker 3: to determine that before we could even have a case.

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Speaker 3: And I don't think they're going to give it back

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Speaker 3: to them until after July fourth.

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Speaker 1: They're going to give it back to them. They're going

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Speaker 1: to give it back to them in June and the

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Speaker 1: courts below. The only way it doesn't happen is if

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Speaker 1: there's some if the Supreme Court intervenes again in some way.

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Speaker 1: Otherwise they will fast track the whole thing. They will

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Speaker 1: fast track the Jason. I don't think that. I don't

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Speaker 1: think the timing on it's going to work. Who decides

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Speaker 1: that it doesn't work.

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Speaker 3: Because the judgment, Well, we'll come back after this, Okay,

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Speaker 3: we'll come back and I'll weigh that out. We'll talk

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Speaker 3: about this ridiculous Fanny Willis case, that's one intentional mispronunciation,

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Speaker 3: but I'll tell you my theory on that.

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Speaker 4: Twenty four Clay and Bucks weekly campaign Cliff Notes episodes

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Speaker 4: dropped Sundays at noon Eastern on the free iHeartRadio app

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Speaker 4: or wherever you get your podcasts.

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Speaker 3: Welcome back in Clay Travis Buck Sexton Show. Okay, here's

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Speaker 3: my theory, and this is again I understand some of

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Speaker 3: you out there that are like, this is all crazy.

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Speaker 3: The twenty twenty four election is basically just a law

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Speaker 3: school hypothetical where you try to analyze the civil procedure

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Speaker 3: of cases to determine the likelihood of the timelines and

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Speaker 3: whether they're going to be able to directly impact the

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Speaker 3: election or not. This is crazy. It's unprecedented. In two

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Speaker 3: hundred and forty years, we've never seen it. So there

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Speaker 3: are multiple hypotheses or theories here that I'm laying out

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Speaker 3: Buck that is giving me an idea of what the

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Speaker 3: timeline will look like. And I'm not claiming that all

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Speaker 3: of these are going to be one hundred percent right,

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Speaker 3: because you're dealing in probabilities as opposed to certainties. But

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Speaker 3: I think the most likely outcome, and you guys can

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Speaker 3: flag this what are we sitting at, you know, almost

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Speaker 3: mid May. Now you can see how I do as

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Speaker 3: we move through the next several months in terms of

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Speaker 3: trying to prognosticate this. I think the Supreme Court is

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Speaker 3: going to come out sometime in the vicinity of July fourth.

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Speaker 3: It would not shock me if they release this decision

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Speaker 3: on the week of July fourth, to try to allow

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Speaker 3: it to kind of die down in the media cycle

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Speaker 3: and try to try to not seem super political. That's

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Speaker 3: my kind of thought process. Think the Supreme Court will

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Speaker 3: come out and say Trump has presidential immunity, but only

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Speaker 3: four acts that are directly related to the presidency, not

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Speaker 3: to private acts. They will then send it back to

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Speaker 3: the Trial court and they will say to Jack Smith

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Speaker 3: as well, we need you to specify which are private

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Speaker 3: acts which are public acts, and adjust your indictment accordingly.

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Speaker 1: There will then be.

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Speaker 3: A process by which they try to determine what those

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Speaker 3: acts are Trump will then appeal saying no, they're wrong,

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Speaker 3: these acts are still within my presidential power too. It'll

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Speaker 3: go to the DC Court of Appeals. It will then

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Speaker 3: go back to the Supreme Court. I don't believe that

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Speaker 3: this case will ever be allowed to go to trial

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Speaker 3: before November. I agree with you that they would like

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Speaker 3: to do it. I just don't think the calendar is

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Speaker 3: going to work out based on the Supreme Court and

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Speaker 3: the way that they send this back.

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Speaker 1: If the Supreme Court is willing to intervene again, you're right.

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Speaker 1: If not, you're wrong, because the DC Court, the District Court,

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Speaker 1: and the appeals Court, they will ludicrous speed this thing.

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Speaker 1: So unless there's a Supreme Court, you know, unless the

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Speaker 1: Supreme Court says we're going to take this up again,

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Speaker 1: there's just no way.

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Speaker 3: They don't even have to take it up, though they

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Speaker 3: will take months before they have to issue a decision

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Speaker 3: on whether they're going to take it up or not.

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Speaker 3: Remember Jack Smith tried to expedite it before and say hey,

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Speaker 3: can you go ahead and rule on.

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Speaker 1: So then you're counting on the Supreme Court helping Trump

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Speaker 1: to run out the clock, which is what they would

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Speaker 1: be doing at that point, I mean maybe maybe you

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Speaker 1: also would have the Court of Appeals, which remember took

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Speaker 1: like six eight weeks as well to get their opinion out,

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Speaker 1: so the math just doesn't add up on the calendar.

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Speaker 1: If I'm right about what the ruling is, they could

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Speaker 1: also just say, hey, whatever, we're right issuing an opinion.

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Speaker 1: This was within the scope of Trump's presidential powers. I

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Speaker 1: actually Smith would have pulled off also the biggest legal

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Speaker 1: whiff in like modern history if that happens. So we'll see.

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Speaker 3: Didn't he get shot down nine to ozho on your

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Speaker 3: Bob McDonald case that we talked about. Yep, I think

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Speaker 3: Jack Smith is headed for a major whiff on that.

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Speaker 1: Before all is said and done.

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Speaker 3: Clay and Buck is the code.

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Speaker 5: Day heys totally call a part They have nothing on

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Speaker 5: books and records and even something that should bear bury relationship.

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Speaker 3: For the case.

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Speaker 2: Just the disaster for the DA sort of respect DA. It's

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Speaker 2: a disaster. The whole case is just a disaster. If

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Speaker 2: you read the legal scholars, you've seen because they're writing

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Speaker 2: about it, they've never seen anything quite like it. And

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Speaker 2: neither of I should be out of campaign right now.

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Speaker 1: So Clay, that was Trump last night after the trial,

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Speaker 1: and what he's saying, I think is not only reflected

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Speaker 1: by the honest conservative legal commentary that we know people

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Speaker 1: like you Andy and Deershuwitz and it's not a conservative,

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Speaker 1: but you know people that have seen this for what

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Speaker 1: it is for a while. I think that there's some

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Speaker 1: concern among Democrats who want to see Trump convicted, who

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Speaker 1: are rabid partisans in all this. Here's what I'm thinking, though,

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Speaker 1: This has turned into a legal comic cop for the

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Speaker 1: brag team out of New York. In essence, even if

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Speaker 1: it gets completely smacked down on appeal, which it looks

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Speaker 1: like is very possible. Again, I don't bet on this

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Speaker 1: because it has to go to New York that appeals right,

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Speaker 1: But to allow the salacious Stormy Daniel's testimony, what does

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Speaker 1: that have to do with whether or not Trump properly

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Speaker 1: represented business records Internally, It has nothing to do with that,

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Speaker 1: as anyone can tell. It is purely to muddy up,

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Speaker 1: to dirty up Donald Trump. But I think they're viewing

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Speaker 1: this whole thing in New York as an entirely in

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Speaker 1: some ways political exercise, Meaning even if it gets overturned

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Speaker 1: on appeal, even if they don't have the stones to

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Speaker 1: lock Trump up and go down the whole list, they're

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Speaker 1: just going at them with this because this may be

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Speaker 1: the only trial, and so this is the only shot

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Speaker 1: they've got.

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Speaker 3: I actually went and read the transcript of the Stormy

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Speaker 3: Daniels interview testimony so far and the cross x cross

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Speaker 3: examination that's occurring. I don't see any way this case

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Speaker 3: doesn't get tossed just based on this. Now you hit

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Speaker 3: on whether she should even be testifying at all. If

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Speaker 3: I were the judge. The only way that I can

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Speaker 3: see where her testimony could be relevant is as to

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Speaker 3: whether or not she knew why she was being paid.

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Speaker 3: In other words, the second part of this crime that

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Speaker 3: they are alleging is that this was done to influence

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Speaker 3: the election. I don't know that her take because it

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Speaker 3: would be in some way potentially hearsay. And again this

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Speaker 3: is going deep into the legal rabbit hole.

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Speaker 1: But the only thing.

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Speaker 3: That she could be testifying for for purposes of this

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Speaker 3: trial is what the reason why she was being paid

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Speaker 3: was the fact of whether or not they had sex,

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Speaker 3: the fact of what she did that night, The fact

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Speaker 3: of any of those details is clearly, in my opinion,

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Speaker 3: not germane to the question of the case. Much like

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Speaker 3: buck the Harvey Weinstein case, when they brought in all

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Speaker 3: these women to try to testify about Harvey Weinstein's particular

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Speaker 3: peccadillos as it pertained to using his power to get sex,

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Speaker 3: and they said, no, no, you can't testify about the

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Speaker 3: sex itself, and they said, we've got to toss the case.

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Speaker 1: As a result, to me, there's actually a pretty good

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Speaker 1: analogy here.

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Speaker 3: The only thing that she could speak to is actually

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Speaker 3: what the motivation might have been to receive the money.

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Speaker 1: Harvey Weinstein was public enemy number one, but really people

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Speaker 1: have moved on in terms of the public mind from this.

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Speaker 1: You know they're not me too. Is not a dominant

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Speaker 1: news story. Donald Trump is public enemy number one to

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Speaker 1: Democrats in a Democrat city like New York right now,

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Speaker 1: and so the idea that he would get fair process

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Speaker 1: in any context I think is so far the only

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Speaker 1: place Trump has gotten fair process from Florida, right from

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Speaker 1: Florida judge to some degree, and from a Supreme Court

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Speaker 1: everything else, unless I'm missing something. Georgia they've actually done

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Speaker 1: a decent job of Like the Fanny Willis trial court

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Speaker 1: opinion I didn't agree with, but the way it was

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Speaker 1: written was designed to allow the Georgia Court of Appeals

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Speaker 1: to come in and say, no, she should be out,

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Speaker 1: which is I think we haven't even hardly talked about that,

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Speaker 1: but I think is what they're going to may happen,

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Speaker 1: and then I would say, had the.

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Speaker 3: Hearing and she testified under oath, and all of those

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Speaker 3: things occurred, but they should have.

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Speaker 2: Been a.

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Speaker 1: Completely trial. Obviously, that's fair process. Fair Let's not like

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Speaker 1: downgrade the expectations and a normal situation. If it wasn't Trump,

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Speaker 1: you wouldn't allow this prosecutor with this mess to stay

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Speaker 1: on the case. They're allowing it to stay on there.

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Speaker 3: I agree, But even the fact that they had the

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Speaker 3: hearing and that they considered in a legitimate fashion the

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Speaker 3: motion to remove her based on the relationship with Nathan

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Speaker 3: Wade and Nathan Wade did get bumped again. I think

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Speaker 3: the standard is going to be appearance of impropriety, not

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Speaker 3: impropriety itself, which again goes into the legal weeds. And

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Speaker 3: I think the Court of Appeals, the way that opinion

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Speaker 3: was written, is going to allow them to come in

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Speaker 3: and remove her. But you're right, I think the Court

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Speaker 3: of Appeals in New York will eventually get to this.

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Speaker 1: It may take two years. I mean, when did the

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Speaker 1: Harvey Weinstein conviction happen? I mean years years ago?

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Speaker 3: I mean like like five years ago, wasn't it. I

434
00:24:57,160 --> 00:24:59,200
Speaker 3: mean it took them five years to say this trial

435
00:24:59,240 --> 00:25:03,919
Speaker 3: court aired. I think Judge Merchand has clearly aired in

436
00:25:04,200 --> 00:25:07,320
Speaker 3: allowing uh this testimony. Now you know what he's trying

437
00:25:07,359 --> 00:25:07,680
Speaker 3: to say.

438
00:25:07,720 --> 00:25:09,959
Speaker 1: A Democrat judge in New York has done this, and

439
00:25:10,080 --> 00:25:14,159
Speaker 1: you're you're I would say it's possible. But you're betting

440
00:25:14,200 --> 00:25:16,640
Speaker 1: that Democrat judges in the appeals court in New York

441
00:25:16,680 --> 00:25:17,640
Speaker 1: will be better than him.

442
00:25:17,680 --> 00:25:21,080
Speaker 3: Why because when you're sitting on the first of all,

443
00:25:21,119 --> 00:25:25,720
Speaker 3: you're a more intelligent judge typically. Okay, so I mean,

444
00:25:25,320 --> 00:25:28,520
Speaker 3: I mean, I mean yeah, I mean, look, there are

445
00:25:28,520 --> 00:25:32,159
Speaker 3: lots of trial court judges. The number of appellate George's

446
00:25:32,480 --> 00:25:36,639
Speaker 3: judges is lower, and typically the legal acumen that is

447
00:25:36,720 --> 00:25:39,680
Speaker 3: required to be on the appeals court is higher than

448
00:25:39,680 --> 00:25:43,000
Speaker 3: the legal acumen that is required to be a trial

449
00:25:43,040 --> 00:25:46,280
Speaker 3: court judge. There are except you're maybe this is a better,

450
00:25:46,320 --> 00:25:51,160
Speaker 3: a better you know, analogy for this. The Colorado Court

451
00:25:51,480 --> 00:25:53,400
Speaker 3: that said Trump should be removed off the ballot?

452
00:25:54,000 --> 00:25:55,760
Speaker 1: Four was four to three? Right, was that was the

453
00:25:55,800 --> 00:25:58,280
Speaker 1: final tally on that. You're assuming you're gonna have better

454
00:25:58,320 --> 00:26:04,320
Speaker 1: judges in New York than you do in Colorado? Yes, although, yeah,

455
00:26:04,359 --> 00:26:08,480
Speaker 1: well I think that is. Look, the Colorado.

456
00:26:08,000 --> 00:26:11,040
Speaker 3: Supreme Court does not help my arguments that Warriors judges

457
00:26:11,080 --> 00:26:11,440
Speaker 3: are good.

458
00:26:11,520 --> 00:26:13,640
Speaker 1: Yes, I know. That's why I'm bringing up the Colorado

459
00:26:13,720 --> 00:26:16,639
Speaker 1: Supreme Court. Because you're wrestling on the appeals court. Judges

460
00:26:16,640 --> 00:26:18,720
Speaker 1: in New York are going to be like legal scholars

461
00:26:18,720 --> 00:26:20,960
Speaker 1: who take it seriously. I think that's going too fun.

462
00:26:21,040 --> 00:26:24,240
Speaker 3: But the Supreme Court went nine to zero, which I

463
00:26:24,280 --> 00:26:26,200
Speaker 3: think slapped down aggressively.

464
00:26:26,280 --> 00:26:29,000
Speaker 1: How bad the Coloradao Preme Court is where he has

465
00:26:29,119 --> 00:26:33,800
Speaker 1: been able to get some justice so far, And I

466
00:26:33,880 --> 00:26:37,520
Speaker 1: lean Cannon and Florida, but I'm you look elsewhere it's

467
00:26:37,560 --> 00:26:38,600
Speaker 1: it's been dodgy.

468
00:26:38,800 --> 00:26:43,320
Speaker 3: It's been Judge Norriyeika, who's another Trump appointee in Delaware.

469
00:26:43,359 --> 00:26:43,840
Speaker 1: Now that's the.

470
00:26:43,840 --> 00:26:46,159
Speaker 3: Hunter Biden a Trump case. Though we're now we're now

471
00:26:46,200 --> 00:26:49,840
Speaker 3: we're conflating. I mean it is, but so I think

472
00:26:50,200 --> 00:26:51,880
Speaker 3: that they are going to look at this. Now here's

473
00:26:51,920 --> 00:26:54,320
Speaker 3: my concern. Do you know what the judge, who I

474
00:26:54,320 --> 00:26:57,840
Speaker 3: think has already recognized, now, hey, I screwed up big.

475
00:26:57,880 --> 00:26:59,840
Speaker 3: Do you know what he's trying to say? That the

476
00:27:00,000 --> 00:27:05,240
Speaker 3: Trump legal team didn't object correctly to the Stormy Daniel's testimony.

477
00:27:05,640 --> 00:27:08,200
Speaker 3: So he's now he already came out and said when

478
00:27:08,200 --> 00:27:11,560
Speaker 3: they moved for a mistrial, he said, I thought, and

479
00:27:11,600 --> 00:27:15,480
Speaker 3: I'm paraphrasing, I thought you guys were going to object more.

480
00:27:15,880 --> 00:27:18,800
Speaker 3: The fact that you didn't object more is why I

481
00:27:18,880 --> 00:27:21,600
Speaker 3: allowed the testimony to occur as it was well, this.

482
00:27:21,640 --> 00:27:25,760
Speaker 1: Is why, again, no matter what the law says, our

483
00:27:25,800 --> 00:27:30,760
Speaker 1: whole system is fundamentally and ultimately premised upon the good

484
00:27:30,760 --> 00:27:33,880
Speaker 1: faith understanding of the English language, and a good faith

485
00:27:33,960 --> 00:27:40,440
Speaker 1: understanding of English common law, the constitution, and basic morality injustice. Right,

486
00:27:40,920 --> 00:27:44,520
Speaker 1: if somebody wants to operate without any of those things,

487
00:27:44,800 --> 00:27:46,960
Speaker 1: and they're in a position like a judge, they can

488
00:27:47,040 --> 00:27:49,400
Speaker 1: just do whatever they want. Do you see what I mean?

489
00:27:49,880 --> 00:27:51,800
Speaker 1: And if this judge is going to play this game

490
00:27:51,880 --> 00:27:55,879
Speaker 1: of clearly I shouldn't allow this testimony, but somehow you

491
00:27:55,960 --> 00:28:00,359
Speaker 1: guys should have objected differently, that's overlayering, right. This is

492
00:28:00,400 --> 00:28:04,720
Speaker 1: why people get mad at lawyers, because he just shouldn't

493
00:28:04,760 --> 00:28:07,920
Speaker 1: have allowed this, and so to pull some slimy lawyer's

494
00:28:07,960 --> 00:28:10,480
Speaker 1: trick as the judge and say, well, I shouldn't have

495
00:28:10,480 --> 00:28:13,040
Speaker 1: allowed it, but you should have objected differently. My point

496
00:28:13,080 --> 00:28:14,680
Speaker 1: here is that if they want, if they want to

497
00:28:14,760 --> 00:28:16,760
Speaker 1: rig it, they're gonna rig it. You know, there's nothing

498
00:28:16,760 --> 00:28:20,520
Speaker 1: to stop people who are in positions of legal authority

499
00:28:20,600 --> 00:28:23,879
Speaker 1: from doing things that completely violate the letter and spirit

500
00:28:23,920 --> 00:28:24,320
Speaker 1: of the law.

501
00:28:25,160 --> 00:28:31,160
Speaker 3: At some point, the failure of a judge to act

502
00:28:31,440 --> 00:28:39,120
Speaker 3: become so embarrassing to him professionally that it overrides his own.

503
00:28:38,920 --> 00:28:41,360
Speaker 1: Polemy do you think a Democrat judge in New York

504
00:28:41,400 --> 00:28:44,520
Speaker 1: will be embarrassed by his efforts to railroad Donald Trump?

505
00:28:44,720 --> 00:28:47,040
Speaker 1: I think I lived in New York for thirty years,

506
00:28:47,080 --> 00:28:50,600
Speaker 1: My man telling you he's a hero, a hero, he's

507
00:28:50,640 --> 00:28:53,880
Speaker 1: gonna be toasting champagne glasses on the Upper West Side

508
00:28:53,920 --> 00:28:55,400
Speaker 1: for the next forty years.

509
00:28:55,880 --> 00:28:59,040
Speaker 3: I think there are judges out there who hate Trump

510
00:28:59,680 --> 00:29:04,960
Speaker 3: that saw the Stormy Daniels testimony yesterday and they said,

511
00:29:05,560 --> 00:29:13,360
Speaker 3: my goodness, this is malpractice as a judge. And I

512
00:29:13,400 --> 00:29:16,920
Speaker 3: think you're even starting to hear people on the left.

513
00:29:16,960 --> 00:29:18,760
Speaker 3: I think we may have some audio when we come

514
00:29:18,800 --> 00:29:23,360
Speaker 3: back of even people on the left saying, oh, my goodness,

515
00:29:23,920 --> 00:29:28,560
Speaker 3: this was unprecedented that they would allow this to occur. Remember, again,

516
00:29:28,840 --> 00:29:31,840
Speaker 3: the only thing that she could testify to in being

517
00:29:32,080 --> 00:29:34,600
Speaker 3: completely down the middle, trying to be a reasonable judge.

518
00:29:35,280 --> 00:29:38,560
Speaker 3: The only reason they could bring her in is because

519
00:29:38,560 --> 00:29:43,760
Speaker 3: she could testify to why she was paid and if

520
00:29:43,840 --> 00:29:47,280
Speaker 3: she believed that she was paid to influence the election,

521
00:29:47,880 --> 00:29:52,360
Speaker 3: that could theoretically, and I think that's very that's very aggressive,

522
00:29:52,400 --> 00:29:56,520
Speaker 3: and allowing her to testify go to his intent in

523
00:29:56,640 --> 00:29:59,760
Speaker 3: making these payments to try to influence the election.

524
00:30:00,080 --> 00:30:04,160
Speaker 1: But even if even if your sense of it is true,

525
00:30:07,120 --> 00:30:09,440
Speaker 1: it will take two years for this to write. I mean,

526
00:30:09,440 --> 00:30:12,120
Speaker 1: the appeals court isn't going to do it. So if

527
00:30:12,120 --> 00:30:13,760
Speaker 1: they can get it in, they've gotten it in and

528
00:30:13,800 --> 00:30:14,640
Speaker 1: the damage is done.

529
00:30:14,760 --> 00:30:14,920
Speaker 2: Right.

530
00:30:14,960 --> 00:30:18,360
Speaker 1: That's ultimately the problem that Trump faces in New York

531
00:30:18,520 --> 00:30:20,680
Speaker 1: is that they're doing all this stuff and the remedy

532
00:30:20,720 --> 00:30:23,200
Speaker 1: for it is the remedy for it is all post

533
00:30:23,240 --> 00:30:24,200
Speaker 1: election at this point.

534
00:30:24,920 --> 00:30:30,200
Speaker 3: Right, Yes, I think although this could become such a

535
00:30:30,240 --> 00:30:31,720
Speaker 3: mess because I think you're going to hear more and

536
00:30:31,760 --> 00:30:35,600
Speaker 3: more people talking about it where they will move for

537
00:30:35,760 --> 00:30:39,440
Speaker 3: a directed verdict. The defense will at the end of

538
00:30:39,480 --> 00:30:41,800
Speaker 3: all this testimony, and remember Stormy Daniel still has to

539
00:30:41,800 --> 00:30:44,360
Speaker 3: get cross X. We'll talk more about this. I think

540
00:30:44,360 --> 00:30:47,720
Speaker 3: this is turning into a huge mess for Alvin Bragg

541
00:30:48,320 --> 00:30:52,840
Speaker 3: and there could be a motion that basically there hasn't

542
00:30:52,840 --> 00:30:55,200
Speaker 3: been a crime proven that could be granted.

543
00:30:56,680 --> 00:31:00,000
Speaker 1: Look, if you own firearms or you want to own

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Speaker 3: Sometimes all you can do is laugh, and they do

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Speaker 3: a lot of it with the Sunday Hang.

577
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Speaker 1: Join Clay and Buck as they.

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Speaker 4: Laugh it up in the Clay and Buck podcast feed

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Speaker 4: on the iHeartRadio app or wherever you get your podcasts.

580
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Speaker 3: Welcome back in Clay Travis Buck Sexton Show. We got

581
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Speaker 3: some fun for you from the view believe it or not.

582
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Speaker 3: Coming up at the top of the next hour. I

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Speaker 1: And it's delicious, it's amazing, it's my favorite. I'm drinking it,

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594
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Speaker 3: If if you are an attorney or even a judge

595
00:33:31,240 --> 00:33:33,280
Speaker 3: and you're out there listening to us and you've heard

596
00:33:33,280 --> 00:33:35,920
Speaker 3: this discussion about Stormy Daniels, I would love to hear

597
00:33:35,960 --> 00:33:40,240
Speaker 3: from you if how you would assess the testimony, because

598
00:33:40,240 --> 00:33:42,840
Speaker 3: I'm looking, I'm about to play some cuts. And there

599
00:33:42,880 --> 00:33:45,680
Speaker 3: seem to be a lot of lawyers, even on the left,

600
00:33:45,840 --> 00:33:49,800
Speaker 3: who were kind of stunned that the testimony was permitted

601
00:33:49,840 --> 00:33:56,240
Speaker 3: by Merchand here is Alan Dershowitz, obviously far more.

602
00:33:55,120 --> 00:33:57,719
Speaker 1: He's on our team for this, for these purposes. To

603
00:33:57,720 --> 00:34:00,440
Speaker 1: be fair, Dershowitz trashing them is not a break from

604
00:34:00,480 --> 00:34:01,040
Speaker 1: the usual.

605
00:34:01,800 --> 00:34:05,719
Speaker 3: But here he is saying that this could be like

606
00:34:05,760 --> 00:34:09,680
Speaker 3: Harvey Weinstein and actually just lead to the trial being tossed.

607
00:34:09,680 --> 00:34:10,480
Speaker 1: Here's cut three.

608
00:34:10,520 --> 00:34:13,480
Speaker 6: Well, first of all, it was clear reversible Era today

609
00:34:13,560 --> 00:34:16,719
Speaker 6: committed by the judge and by the prosecution. Under the

610
00:34:16,760 --> 00:34:20,560
Speaker 6: reasoning of the recently reversed Harvey Weinstein case, so much

611
00:34:20,640 --> 00:34:24,200
Speaker 6: information came out that was utterly irrelevant. Let's start with

612
00:34:24,239 --> 00:34:27,319
Speaker 6: whether they had sex at all, utterly irrelevant. The only

613
00:34:27,320 --> 00:34:31,120
Speaker 6: issue is whether she threatened to expose him, and whether

614
00:34:31,239 --> 00:34:35,759
Speaker 6: she extorted him, and whether he then paid money to

615
00:34:35,880 --> 00:34:39,040
Speaker 6: avoid the embarrassment to his family, to his business, to

616
00:34:39,120 --> 00:34:43,120
Speaker 6: his children, and, according to the prosecution, to help himself

617
00:34:43,160 --> 00:34:46,960
Speaker 6: get re elected. I can't imagine how the Court of

618
00:34:47,000 --> 00:34:50,360
Speaker 6: Appeals in New York that reversed the Harvey Weinstein condition,

619
00:34:50,480 --> 00:34:54,160
Speaker 6: which was a harder case to reverse, wouldn't reverse this conviction.

620
00:34:54,920 --> 00:34:57,120
Speaker 1: Okay, well, because it's because it's Trump, by the way,

621
00:34:57,280 --> 00:34:59,640
Speaker 1: I mean, that's why they wouldn't reverse it. But I

622
00:34:59,680 --> 00:35:03,480
Speaker 1: actually think if you're just looking at defendants Harvey Weinstein,

623
00:35:03,560 --> 00:35:06,960
Speaker 1: as much as you dislike Trump, he's just accused of

624
00:35:07,040 --> 00:35:11,200
Speaker 1: paying someone for place Marvery. Weinstein also has already convicted

625
00:35:11,200 --> 00:35:13,040
Speaker 1: in LA so he's still sitting in a prison cell

626
00:35:13,080 --> 00:35:14,880
Speaker 1: for twenty years, so it's actually not that hard to

627
00:35:14,920 --> 00:35:19,960
Speaker 1: overturn it. I think Harvey Weinstein is actually even less

628
00:35:19,960 --> 00:35:23,400
Speaker 1: popular in the country and in New York less popular

629
00:35:23,440 --> 00:35:25,279
Speaker 1: than Trump. Yes, I think that is definitely so, I

630
00:35:25,360 --> 00:35:26,600
Speaker 1: think that's that's the okay.

631
00:35:26,640 --> 00:35:30,240
Speaker 3: So here is CNN's Elely Hoenig, I might not pronounce

632
00:35:30,280 --> 00:35:34,320
Speaker 3: that name right, saying Stormy Daniel's testimony was a disaster.

633
00:35:34,520 --> 00:35:35,400
Speaker 1: This was on CNN.

634
00:35:35,640 --> 00:35:39,600
Speaker 7: But the cross exam, boy, her responses were disastrous. I mean,

635
00:35:39,840 --> 00:35:42,439
Speaker 7: do you hate Donald Trump? Yes, of course she does.

636
00:35:42,680 --> 00:35:43,640
Speaker 7: That's a big deal.

637
00:35:43,840 --> 00:35:45,040
Speaker 1: When the witness.

638
00:35:44,640 --> 00:35:47,120
Speaker 7: Hates the person who's liberty is a stake, that's a

639
00:35:47,160 --> 00:35:51,359
Speaker 7: big damn feel. And she's putting out tweets fantasizing about

640
00:35:51,400 --> 00:35:55,160
Speaker 7: him being in jail. That really undermines the credibility. The

641
00:35:55,239 --> 00:35:58,040
Speaker 7: fact that she owes him five hundred thousand dollars, She

642
00:35:58,320 --> 00:36:01,120
Speaker 7: by order of a court owes Donald Trump half million

643
00:36:01,120 --> 00:36:03,120
Speaker 7: dollars and said I will never pay him. I will

644
00:36:03,160 --> 00:36:06,040
Speaker 7: defy a court order. The defense is going to say

645
00:36:06,040 --> 00:36:08,120
Speaker 7: she's willing to defy a court order. Why she's not

646
00:36:08,160 --> 00:36:09,840
Speaker 7: willing to respect an order of judge? Why is she

647
00:36:09,880 --> 00:36:12,080
Speaker 7: going to respect this oath she took. So I thought

648
00:36:12,080 --> 00:36:15,440
Speaker 7: it went quite poorly on cross exam.

649
00:36:15,600 --> 00:36:18,680
Speaker 3: And the cross exam is not over. There's other CNN

650
00:36:18,719 --> 00:36:20,839
Speaker 3: and MSNBC analysts saying the same thing.

651
00:36:21,160 --> 00:36:23,319
Speaker 1: I'll just just say, as as somebody who at one

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00:36:23,320 --> 00:36:29,320
Speaker 1: point worked at CNN and watches the MSNBC analysts, ninety

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00:36:29,360 --> 00:36:33,000
Speaker 1: percent of the legal analysts on CNN and MSNBC are

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00:36:33,000 --> 00:36:36,719
Speaker 1: wrong ninety percent of the time, and they're more so

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00:36:36,800 --> 00:36:40,080
Speaker 1: it's worth everybody just remembering that they're basically always wrong

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00:36:40,600 --> 00:36:43,040
Speaker 1: and they're idiots. There's like one in ten that are

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00:36:43,120 --> 00:36:44,440
Speaker 1: kind of smart. That's about it.

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00:36:44,920 --> 00:36:47,200
Speaker 3: There are a lot of people who will just follow

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00:36:47,360 --> 00:36:50,440
Speaker 3: the herd. Speaking of this herd and stupidity the view

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Speaker 3: enjoy coming out of that,