WEBVTT - Rogue Justice 0:00:11.840 --> 0:00:14.440 Good morning, peeps, and welcome to woka F Daily with 0:00:14.600 --> 0:00:19.160 Meet your Girl Danielle Moody. Recording from the Brooklyn Bunker. Friends, 0:00:19.200 --> 0:00:24.120 I'm really excited about today's episode of woke F and 0:00:24.239 --> 0:00:27.960 it is because we haven't had the opportunity to unpack 0:00:28.640 --> 0:00:31.240 all the latest legal news with our friend Glenn Kirshner, 0:00:31.280 --> 0:00:35.920 and so I have put together a special thirty minute 0:00:35.920 --> 0:00:39.840 in depth interview with Glenn to walk us through where 0:00:39.840 --> 0:00:43.559 we are with regard to the Department of Justice. Finally 0:00:43.640 --> 0:00:49.360 hearing murmurings from the ever so mute Merritt Garland that 0:00:49.440 --> 0:00:53.760 he has finally decided or has been working behind the 0:00:53.800 --> 0:00:57.240 scenes to hold those not just the foot soldiers, but 0:00:57.400 --> 0:01:00.480 hold those that were the architects and they don'ts of 0:01:00.520 --> 0:01:04.880 the insurrection that had the ability to make it happen. Right, 0:01:05.120 --> 0:01:10.720 we have to understand that what we saw on January sixth, 0:01:10.959 --> 0:01:14.800 twenty twenty one wasn't just like your run of the 0:01:14.880 --> 0:01:20.679 mill event. It wasn't just something that happened out of 0:01:20.840 --> 0:01:23.440 the thin blue air. And I think that that is 0:01:23.480 --> 0:01:27.680 what's really important about what we are hearing from federal 0:01:27.760 --> 0:01:33.080 judges right who are saying that beyond a preponderance of 0:01:33.080 --> 0:01:38.120 a doubt that there is criminal ongoings here between John Eastman, 0:01:38.240 --> 0:01:42.880 donald Trump's attorney, and Donald Trump. And for those people 0:01:43.080 --> 0:01:46.399 that were in a war room, folks, they had a 0:01:46.440 --> 0:01:50.400 war room put together at the Willard Hotel. If you've 0:01:50.440 --> 0:01:55.360 never been to Washington, DC, the Willard Hotel is right 0:01:55.400 --> 0:01:59.360 by the White House, right. So these people were not 0:01:59.480 --> 0:02:05.760 just down to the Ellipses to air their grievances about, 0:02:05.800 --> 0:02:10.280 you know, their frustration that their man didn't win. They 0:02:10.320 --> 0:02:14.840 were putting together a reconnaissance team ahead of time to 0:02:16.200 --> 0:02:19.639 provide tours of the Capitol buildings so that the insurrectionist, 0:02:19.720 --> 0:02:23.799 the foot soldiers knew exactly where to go. They put 0:02:23.840 --> 0:02:28.800 together a PowerPoint presentation John Eastman laid out all of 0:02:28.840 --> 0:02:32.760 the ways that we can overthrow the government. They had 0:02:32.800 --> 0:02:36.640 a working war room where Rudy Giuliani and Steve Bannon 0:02:36.800 --> 0:02:42.000 were present, right. They had people like the Oath Keepers 0:02:42.040 --> 0:02:47.560 and the Proud Boys that had go team stationed across 0:02:47.600 --> 0:02:52.200 the water in Virginia. In the event that they were 0:02:52.280 --> 0:02:55.200 able to take over not only the Capitol building, but 0:02:55.360 --> 0:02:59.279 what we have learned through the over five hundred interviews 0:02:59.480 --> 0:03:04.320 that had been done already by the how Select Committee 0:03:04.960 --> 0:03:08.959 is that they had people in place, because the desire 0:03:09.120 --> 0:03:11.880 wasn't just to take the Capitol building. It was to 0:03:11.919 --> 0:03:16.000 take the house buildings, it was to take the Senate buildings. 0:03:16.240 --> 0:03:22.000 It was essentially to turn Washington, d C. Into Ottawa, Canada. 0:03:22.080 --> 0:03:25.640 And that was before Ottawa Canada actually happened. It was 0:03:26.080 --> 0:03:31.360 to lay siege to the federal government, to shut it down, 0:03:31.680 --> 0:03:35.240 to keep their king in place. So this was not 0:03:35.920 --> 0:03:41.320 a pop up protest allah the Black Lives Matter movement 0:03:41.520 --> 0:03:45.560 and the twenty twenty uprisings, that an incident then sparks 0:03:45.640 --> 0:03:49.000 these protests that would then happen. No, And so for 0:03:49.480 --> 0:03:53.800 Judge McFadden, the federal judge who says, well, these insurrectionists, 0:03:53.800 --> 0:03:56.320 they're non violent, and so they should just get a 0:03:56.320 --> 0:03:59.440 slap on the wrist and be sent home, what do 0:03:59.480 --> 0:04:03.920 you think happens when you don't provide responsibility and accountability. 0:04:04.440 --> 0:04:07.360 Then you have just shown people how much further they're 0:04:07.400 --> 0:04:10.520 able to push, what else they're able to get away with. 0:04:11.000 --> 0:04:13.080 And so if you do not make an example, and 0:04:13.240 --> 0:04:15.680 I if I were a parent, that is how the 0:04:15.680 --> 0:04:20.760 fuck I would parent? Right? You get but so much leash, 0:04:21.000 --> 0:04:24.799 so much room, right, but there are you level set 0:04:24.960 --> 0:04:28.800 on expectations, rules and order. That's what we believe the 0:04:28.880 --> 0:04:33.160 Constitution to be. It was an agreed upon document that said, 0:04:33.200 --> 0:04:36.159 this is how we are going to conduct ourselves in 0:04:36.200 --> 0:04:39.480 these United States. This is what it means to form 0:04:39.520 --> 0:04:43.320 a government for and by the people. Right, these are 0:04:43.480 --> 0:04:48.880 agreed upon political norms and our laws. Donald Trump, over 0:04:48.920 --> 0:04:52.880 the course of his four year reign, the reign of 0:04:52.920 --> 0:04:56.960 disaster over the United States, broke every single political norm 0:04:57.279 --> 0:05:00.520 that we ever knew or thought of. And then something 0:05:00.520 --> 0:05:06.120 we didn't he ran roughshod over the Constitution. That's what 0:05:06.240 --> 0:05:08.560 the fuck. He was probably crumbling up in his mouth 0:05:08.600 --> 0:05:12.240 and swallowing, because you know that's normal behavior to eat paper. 0:05:14.680 --> 0:05:17.880 So in this conversation that I have with Glenn for 0:05:17.920 --> 0:05:21.280 the first time in god, what feels like the two 0:05:21.400 --> 0:05:25.400 years that we have been in conversation about the fate 0:05:25.560 --> 0:05:30.360 of our democracy and about the fate of our institutions. 0:05:31.320 --> 0:05:34.359 For the first time ever, this actually felt like a 0:05:34.480 --> 0:05:38.719 more dare I say it, folks, Dare I say hopeful 0:05:39.160 --> 0:05:44.520 conversation where we feel like there is actual movement here. 0:05:44.920 --> 0:05:47.880 But the thing that I'm still hung up on on 0:05:47.960 --> 0:05:50.240 this good Monday The thing that I'm still hung up 0:05:50.279 --> 0:05:55.680 on is the fact that we have a compromised Supreme 0:05:55.680 --> 0:06:01.560 Court justice. We have a compromised Supreme Court justice. The 0:06:01.680 --> 0:06:09.800 things that set America apart from other nations, from dictatorships, authoritarianism, 0:06:09.839 --> 0:06:15.520 from fascism, from banana republics, from all of these makeshift right, 0:06:15.760 --> 0:06:20.240 these makeshift governments, is the fact that we have a 0:06:20.320 --> 0:06:23.520 rule of law and a code of conduct that we 0:06:23.680 --> 0:06:31.520 all agree on. Right, Clarence Thomas with his decision not 0:06:31.839 --> 0:06:36.760 to recuse himself from hearing the Trump case, with regard 0:06:37.200 --> 0:06:42.680 to his records that the House Select Committee was asking 0:06:42.720 --> 0:06:46.360 for him being the lone dissenter on that, and knowing 0:06:47.480 --> 0:06:53.159 knowing that his wife was in communication with the White 0:06:53.200 --> 0:06:57.560 House on the day of the insurrection. So having all 0:06:57.600 --> 0:07:01.159 of that information, Glenn will tell us that even a 0:07:01.279 --> 0:07:04.200 first year law student, and fuck it, I say, even 0:07:04.279 --> 0:07:07.000 somebody that just binge watches the first season of Law 0:07:07.040 --> 0:07:11.320 and Order would know what it means to recuse yourself 0:07:11.320 --> 0:07:15.840 from a case because you do not want, particularly at 0:07:15.880 --> 0:07:22.920 the Supreme Court level, you do not want the appearance right, 0:07:23.200 --> 0:07:27.920 the appearance that there is wrongdoing happening because you are 0:07:28.400 --> 0:07:31.920 at the highest court of the land. So the fact 0:07:32.160 --> 0:07:36.320 that we have a sitting Supreme Court justice whose wife 0:07:36.440 --> 0:07:39.240 was at the insurrection and then she decided that, oh, 0:07:39.360 --> 0:07:42.240 she needed a sweater. It was too chilly outside, so 0:07:42.280 --> 0:07:47.880 she decided to leave right, oh, just in time. But 0:07:47.920 --> 0:07:50.040 then make sure that she was on the horn the 0:07:50.080 --> 0:07:52.960 whole time with the chief of staff. And now we 0:07:53.000 --> 0:07:57.200 have four hundred and fifty seven minutes worth of tape 0:07:57.320 --> 0:08:00.200 that we don't know where it is. And for those people, 0:08:00.200 --> 0:08:02.120 I got to tell you something. So folks know that 0:08:02.200 --> 0:08:07.360 I am new to TikTok, right because what I have discovered, 0:08:07.400 --> 0:08:10.040 and this is something that you know if you are, 0:08:10.160 --> 0:08:12.840 if you have a business or in business, and you're 0:08:12.840 --> 0:08:15.480 a person of a certain age like I am, and 0:08:15.520 --> 0:08:19.160 you're thinking to yourself, well, this platform isn't for me. 0:08:19.520 --> 0:08:24.120 What I realize, with the seriousness that our democracy, that 0:08:24.160 --> 0:08:26.920 our country is in right now, that I need to 0:08:26.960 --> 0:08:32.440 find mediums wherever I need to disseminate information wherever people 0:08:32.480 --> 0:08:35.880 are getting their information. So if that is a sixty 0:08:35.920 --> 0:08:40.880 second fifteen second TikTok, if that is a forty five 0:08:40.920 --> 0:08:44.720 minute podcast, if that is national television, you will see 0:08:44.760 --> 0:08:47.600 me in all of those places and spaces because I 0:08:47.640 --> 0:08:49.760 think that the times that we are living in are 0:08:49.800 --> 0:08:55.600 so consequential. But somebody said to me on TikTok that, oh, well, 0:08:55.960 --> 0:08:59.000 you know, Donald Trump was probably just using his cell phone, 0:08:59.040 --> 0:09:01.800 so I don't understand the big deal. Let me tell 0:09:01.840 --> 0:09:05.440 you something about these fucking maga apologists, Like this is 0:09:05.440 --> 0:09:07.480 the thing that actually does want to keep me away 0:09:07.480 --> 0:09:10.320 from social media because sometimes when I go through the 0:09:10.360 --> 0:09:13.880 comments in places, particularly like TikTok, who don't know me 0:09:13.920 --> 0:09:18.120 because I'm new to the platform, they say some wild shit. 0:09:18.760 --> 0:09:21.920 And that's when I realized that Donald Trump was right, 0:09:22.360 --> 0:09:24.600 that he could in fact shoot somebody in the middle 0:09:24.640 --> 0:09:27.280 of Fifth Avenue and nothing would happen to him, that 0:09:27.320 --> 0:09:30.400 he would probably gain supporters as opposed to losing them. 0:09:30.600 --> 0:09:33.720 Because the way that these people will twist themselves into 0:09:33.840 --> 0:09:37.600 fucking pretzels to come up with any explanation as to 0:09:37.800 --> 0:09:42.720 why there would be no incoming or outgoing calls for 0:09:42.760 --> 0:09:45.800 a four hundred and fifty seven minutes while the Capitol 0:09:45.880 --> 0:09:49.880 Building is under siege is so fucking absurd that you 0:09:49.920 --> 0:09:53.160 would have to detach yourself from reality in order for 0:09:53.280 --> 0:09:57.800 that to even make sense, right, Like, it makes absolutely 0:09:57.880 --> 0:10:02.800 none Nixon resigned because of eighteen minutes that were lost. 0:10:03.320 --> 0:10:09.240 Donald Trump went rogue for a fucking work day. That 0:10:09.520 --> 0:10:14.560 is warranting much more scrutiny than it's receiving right now 0:10:14.559 --> 0:10:16.840 in the mainstream press. And I will continue to say 0:10:17.120 --> 0:10:20.000 and call them out and be like, why is that? 0:10:21.360 --> 0:10:24.880 Why is it that Hunter Biden's laptop still remains a 0:10:24.920 --> 0:10:28.400 point of conversation, but four hundred and fifty seven missing 0:10:28.480 --> 0:10:33.439 minutes from the White House doesn't. And it makes me 0:10:33.679 --> 0:10:37.800 beg the question who was in cahoots with who? So 0:10:37.840 --> 0:10:42.640 coming up next, Friends, my conversation with our friend Glenn Kirshner, 0:10:42.920 --> 0:10:51.000 host of Justice Matters and MSNBC Legal analyst. Folks, it 0:10:51.040 --> 0:10:54.240 has been a long time since we have had a 0:10:54.320 --> 0:10:58.320 good conversation with our friend MSNBC Legal analysts and the 0:10:58.400 --> 0:11:03.559 host of Justice Matters, Glenn Kirshner. On Glenn dare I say, 0:11:04.000 --> 0:11:09.040 I think this episode, this segment maybe one that we 0:11:09.320 --> 0:11:15.880 land on something good ish. A lot has transpired with 0:11:15.920 --> 0:11:21.320 regard to the insurrection investigations the Department of Justice. Take 0:11:21.440 --> 0:11:25.199 us through what has happened this week, because this week 0:11:25.559 --> 0:11:29.120 has had my head on a swivel. As I'm sure 0:11:29.160 --> 0:11:32.720 it has yours, but a lot has happened. So let's 0:11:32.760 --> 0:11:37.200 start at the beginning. We have some movement, it seems, 0:11:37.360 --> 0:11:39.960 from our friends at the Department of Justice. What have 0:11:40.000 --> 0:11:43.360 you been hearing? Yeah, so rarely do we get to 0:11:43.520 --> 0:11:47.280 say it's been a pretty good week for justice. Now, 0:11:47.320 --> 0:11:50.640 it hasn't been all sunshine and rainbows. Right, we'll break 0:11:50.720 --> 0:11:55.920 to the you know, some of the less optimistic stories. 0:11:55.960 --> 0:12:01.280 But you know, there were some really block buster developments 0:12:01.320 --> 0:12:03.520 reported first by the Washington Post, and there was a 0:12:03.559 --> 0:12:06.079 follow up article in the New York Times. And what 0:12:07.040 --> 0:12:11.440 we learned is that the Department of Justice is involved 0:12:11.760 --> 0:12:16.840 in a criminal probe of matters and in ways we 0:12:16.920 --> 0:12:20.199 knew nothing about. So, first of all, we learned that 0:12:20.360 --> 0:12:26.920 they are criminally investigating the funders, the planners, and the 0:12:27.120 --> 0:12:32.520 organizers of the insurrection, and most pointedly of the pre 0:12:32.559 --> 0:12:36.680 insurrection pep rally on the Ellipse right at which Donald 0:12:36.679 --> 0:12:40.360 Trump and company launched the attack. So what does that 0:12:40.480 --> 0:12:43.080 tell us? It tells us they are absolutely working their 0:12:43.120 --> 0:12:46.880 way up the command structure of the insurrection, and they're 0:12:46.920 --> 0:12:50.240 doing it criminally. We need to remember the January sixth 0:12:50.280 --> 0:12:52.880 Congressional Committee has been doing it all along, but they 0:12:52.920 --> 0:12:56.319 can't bring criminal charges. The Department of Justice has been 0:12:56.360 --> 0:13:01.640 investigating this criminally. Second big development is they've also expanded 0:13:01.640 --> 0:13:06.640 their criminal probe into not just the fake electors, but 0:13:06.679 --> 0:13:12.520 the Trump loyalists and lackeys who were pushing the fake 0:13:12.720 --> 0:13:19.920 elector scheme to criminally overturn the elections results. So the 0:13:20.040 --> 0:13:23.560 DOJ is getting after it. They're not just getting after 0:13:23.920 --> 0:13:26.840 the foot soldiers of the insurrection, you know, the mopes 0:13:26.880 --> 0:13:30.880 who actually broke into the Capitol. They're getting after the 0:13:30.880 --> 0:13:35.280 command structure of the insurrection and other efforts, other avenues 0:13:35.320 --> 0:13:38.000 that Trump and company used, like the fake electors to 0:13:38.120 --> 0:13:41.440 try to undermine the elections results. And then this was 0:13:41.480 --> 0:13:43.600 buried in the Washington Post article. But I actually think 0:13:43.600 --> 0:13:47.640 it's the biggest revelation. They said that for the past 0:13:47.760 --> 0:13:49.840 two months, and I wrote it down because I wanted 0:13:49.880 --> 0:13:53.320 to quote it precisely. The Department of Justice has been 0:13:53.400 --> 0:14:01.240 subpoenaing quote, officials informer President Trump's orbit, quoth what does 0:14:01.280 --> 0:14:04.320 that tell us? For two months They've been issuing grand 0:14:04.400 --> 0:14:08.439 jury subpoenas two officials that had been in Trump's orbit 0:14:08.720 --> 0:14:12.040 when he was president, and Danielle we knew nothing about that. 0:14:13.080 --> 0:14:15.720 It's true. And so you and I've been talking about this, 0:14:15.840 --> 0:14:18.000 and I've said, where the hell is Merrit Garland? I 0:14:18.080 --> 0:14:20.720 put his face on a milk carton. We've been screaming 0:14:20.760 --> 0:14:23.240 about it. Why do we see no evidence that they're 0:14:23.240 --> 0:14:27.760 criminally investigating. Well, now we know they have been, including 0:14:27.800 --> 0:14:31.520 by issuing grand jury subpoenas, and we know nothing about it. 0:14:31.840 --> 0:14:35.920 That gives me lots of optimism. That stuck has been 0:14:35.960 --> 0:14:39.000 going on for quite some time, and you know, at 0:14:39.040 --> 0:14:42.000 the bottom of it all, we shouldn't hear anything about it. 0:14:42.040 --> 0:14:46.200 We often do because when they start issuing grand jury subpoenas, 0:14:46.240 --> 0:14:51.960 we have leakers, liars and lawyers, you know, and the 0:14:52.040 --> 0:14:55.400 liar piece I always use George Popadopolis, right, We subpoena 0:14:55.560 --> 0:14:58.560 him and he goes into the grand jury and then 0:14:58.560 --> 0:15:01.600 he steps to the cameras and lies like crazy about 0:15:01.680 --> 0:15:04.520 what's going on in the grand jury. But that liar 0:15:05.720 --> 0:15:09.800 reveals that there's a grand jury investigation. The lawyers, the 0:15:09.920 --> 0:15:13.560 people who represent the witnesses who get subpoena to the 0:15:13.560 --> 0:15:16.560 grand jury, because you know what, the criminal defense bar, 0:15:16.640 --> 0:15:18.800 the white collar bar in DC, they all like to say, 0:15:19.000 --> 0:15:22.560 I got the biggest client and they talk. So it's 0:15:22.560 --> 0:15:25.360 the liars, it's the lawyers, and then it's the leakers. 0:15:25.920 --> 0:15:29.760 Once an investigation, a grand jury investigation, is open, it 0:15:29.800 --> 0:15:32.200 can leak out, and mind you, it can leak out 0:15:32.640 --> 0:15:35.600 from the Department of Justice. It can be FBI agents 0:15:35.960 --> 0:15:40.640 improperly leaking. It can be prosecutors improperly leaking. It can 0:15:40.680 --> 0:15:43.960 be the staff of the Department of Justice one hundred 0:15:43.960 --> 0:15:47.680 and ten thousand of them improperly leaking, leaking. Flyers and 0:15:47.840 --> 0:15:52.960 lawyers usually end up revealing that there's a grand jury investigation. 0:15:53.040 --> 0:15:55.720 Now we know there has been one for at least 0:15:55.760 --> 0:15:58.440 a couple of months, and I'm betting longer and we 0:15:58.840 --> 0:16:02.600 know nothing about it is very encouraging. So let me 0:16:02.640 --> 0:16:05.960 ask you this, because you know, on this show we 0:16:06.000 --> 0:16:09.160 have talked about grand juries. We've talked about the differences 0:16:09.240 --> 0:16:12.080 in different types of sitting juries. Is there a difference 0:16:12.480 --> 0:16:17.040 between a federal grand jury, right and what we have 0:16:17.120 --> 0:16:20.720 seen and discussed with regard to the Manhattan District Attorney 0:16:21.560 --> 0:16:26.440 before Alvin Bragg came into his position when Sidevance had 0:16:26.440 --> 0:16:30.560 called a special grand jury. Is there any delineation between 0:16:30.920 --> 0:16:33.720 these types of grand juries and what folks need to 0:16:34.000 --> 0:16:36.760 understand if there are any differences to note. You know, 0:16:36.920 --> 0:16:40.920 their jobs and their procedures and their goals are largely 0:16:41.000 --> 0:16:44.800 the same. Federal grand jury will hear evidence in federal 0:16:44.840 --> 0:16:49.240 cases involving federal crimes and violation of federal laws new 0:16:49.320 --> 0:16:55.200 York state. They're exclusively restricted to what crimes may violate 0:16:55.320 --> 0:16:58.640 New York state law, not federal law. Now, there are 0:16:58.680 --> 0:17:02.240 some significant differences. Federal grand juries typically sit for about 0:17:02.240 --> 0:17:04.920 eighteen months at a time, maybe one two, three days 0:17:04.920 --> 0:17:08.320 a week, so they can hear long term investigations. Most 0:17:08.400 --> 0:17:12.680 state grand juries sit for a much shorter period of time, 0:17:12.760 --> 0:17:15.600 often four or six weeks, so they have to do 0:17:15.640 --> 0:17:18.960 their work quickly, or they have to get special permission 0:17:19.000 --> 0:17:23.159 from the court to impanel an extended grand jury like 0:17:23.240 --> 0:17:25.760 they did in New York. And then there's a special 0:17:25.800 --> 0:17:28.920 grand jury that was impaneled in Georgia to look into 0:17:28.920 --> 0:17:32.320 Trump's selection crimes down there. So you know, they're large. 0:17:32.400 --> 0:17:36.760 They're very similar bodies with similar goals. One is all 0:17:36.800 --> 0:17:39.960 about federal law. One is all about the state law 0:17:40.119 --> 0:17:43.560 in the state in which the grand jury sits. Okay, 0:17:44.000 --> 0:17:47.480 so we have a couple of federal judges that have 0:17:47.880 --> 0:17:52.879 been making some noise with regard to the case. The 0:17:53.480 --> 0:17:58.600 first one that I want to discuss, but briefly, is McFadden, 0:17:59.720 --> 0:18:04.680 who said that essentially he's a Trump appointee, has been 0:18:04.760 --> 0:18:09.840 hearing some of the lower level insurrection cases and has 0:18:09.840 --> 0:18:13.000 basically said these are non violent offenders, they shouldn't be 0:18:13.000 --> 0:18:17.520 serving any time, and made the comparison between their involvement 0:18:17.680 --> 0:18:21.800 in an attempt to overthrow the government and protests during 0:18:22.680 --> 0:18:27.360 the Summer's uprising in twenty twenty. Can you speak to that, 0:18:27.920 --> 0:18:31.600 and you know what we should take, what we should 0:18:31.640 --> 0:18:34.800 glean from that insight that he provided with the several 0:18:34.840 --> 0:18:37.240 quotes that he offered up. All right, I'm going to 0:18:37.320 --> 0:18:39.119 take a deep breath, and I'm going to pause for 0:18:39.160 --> 0:18:42.160 a second because I know Trevor McFadden from the days 0:18:42.240 --> 0:18:46.840 he was at the US Attorney's office. I was discouraged 0:18:46.920 --> 0:18:50.480 when I saw that he sat on some Trump litigation 0:18:50.560 --> 0:18:53.399 a couple of years ago for a period of time 0:18:53.800 --> 0:18:59.240 that was inexplicable, that was negligent in my view, and 0:18:59.680 --> 0:19:04.320 I began to have my questions even before, but certainly 0:19:04.359 --> 0:19:07.000 as a result of that Trump litigation. He did not 0:19:07.119 --> 0:19:12.120 seem to be handling in an expeditious manner. Now, when 0:19:12.160 --> 0:19:17.040 I hear his criticism, it reinforces the fact that, unfortunately, 0:19:18.119 --> 0:19:21.840 we are now left with asking the question who appointed 0:19:21.880 --> 0:19:26.040 that judge? And when we hear it's Donald Trump, and 0:19:26.080 --> 0:19:29.240 we know that Mitch McConnell crammed him and others down 0:19:29.320 --> 0:19:35.480 America's throat. And these people are extreme ideologues, many of them, 0:19:35.560 --> 0:19:39.320 many of them unqualified to serve according to the American 0:19:39.359 --> 0:19:43.440 Bar Association rating. I don't know if McFadden falls into 0:19:43.480 --> 0:19:45.760 that category. I don't believe he does. I don't think 0:19:45.760 --> 0:19:50.600 the ABA rated him unqualified. But I don't have confidence 0:19:51.200 --> 0:19:57.280 in Judge McFadden's fairness and independence. Unfortunately, but he's only 0:19:57.359 --> 0:20:01.360 one judge, and there are hundreds of Federal Court judges, 0:20:01.840 --> 0:20:08.919 and his view will be marginalized, It will be disregarded 0:20:08.960 --> 0:20:12.600 by the other judges, and it will stand out like 0:20:12.640 --> 0:20:15.439 a sore thumb as somebody who is out of the 0:20:15.520 --> 0:20:19.879 mainstream in dealing with insurrection cases. Because here's the thing, Daniel, 0:20:20.080 --> 0:20:23.640 there are so many cases. Every judge in federal court 0:20:24.240 --> 0:20:30.440 is carrying a healthy dose of insurrection cases. So I'm troubled, 0:20:31.359 --> 0:20:37.600 disappointed in McFadden. But I'm not surprised. Um, you did 0:20:37.600 --> 0:20:42.560 a very good job, Glenn. I tried to remain as professional. 0:20:42.720 --> 0:20:44.879 I don't know about what kind of imprints may be 0:20:45.040 --> 0:20:47.679 on your tongue right now from mightn it, but you 0:20:47.720 --> 0:20:50.240 did a very good job. So talk to us about 0:20:50.240 --> 0:20:54.600 the other federal judge who is judge is it? Is 0:20:54.640 --> 0:20:59.119 it Carter? David Carter? Carter, So David Carter, David Carter 0:20:59.280 --> 0:21:03.080 also has been making some news. Tell us about this 0:21:03.400 --> 0:21:06.440 because this is actually good news, and this is huge. 0:21:06.800 --> 0:21:10.080 And I think at first, blush, we may not have 0:21:10.320 --> 0:21:15.439 appreciated what Judge Carter found and ruled because we hear 0:21:15.520 --> 0:21:18.600 so much about Donald Trump's crimes. It's like, oh, look, 0:21:18.640 --> 0:21:21.880 another judge said, Donald Trump committed some crimes. Here's why 0:21:21.920 --> 0:21:25.520 this is so important. Now. First of all, this was 0:21:25.560 --> 0:21:30.359 in the context of treasonous lawyer John Eastman, who wrote 0:21:30.400 --> 0:21:34.400 a memo how to overturn Democracy for fun and profit, 0:21:34.920 --> 0:21:37.760 and then when he got caught, he said about his 0:21:37.800 --> 0:21:41.200 own memo, and you can't make this up. Anybody who 0:21:41.240 --> 0:21:45.840 took my memo seriously is quote crazy. So he was 0:21:46.440 --> 0:21:51.480 bad mouthing his own legal memo. Why, because that's consciousness 0:21:51.520 --> 0:21:54.960 of guilt because he got caught right, So then he 0:21:55.040 --> 0:21:58.600 wanted to hide all of his emails and other written 0:21:58.640 --> 0:22:03.120 communications from the J six Committee by claiming, oh no, 0:22:03.240 --> 0:22:06.159 they all enjoy attorney client privilege with Donald Trump. And 0:22:06.200 --> 0:22:09.920 he litigated that. And here's what federal judge in California, 0:22:10.000 --> 0:22:15.159 David Carter said. First of all, you lose on seven 0:22:15.320 --> 0:22:19.240 or eight different grounds your claim that these were protected 0:22:19.240 --> 0:22:21.920 and can't be turned over to the J six Committee. 0:22:21.960 --> 0:22:24.359 So turn them over. And one of the ways you 0:22:24.440 --> 0:22:27.680 lose is by the application of a little thing called 0:22:27.720 --> 0:22:33.080 the crime fraud exception. He found that there was, by 0:22:33.160 --> 0:22:36.160 a preponderance of the evidence. I'll talk about how important 0:22:36.160 --> 0:22:38.639 that is in a minute, by a preponderance of the 0:22:38.680 --> 0:22:43.679 evidence that Donald Trump committed the crimes of obstructing the 0:22:43.760 --> 0:22:49.240 official congressional preceding the vote certification. And he found, by 0:22:49.240 --> 0:22:52.200 a preponderance of the evidence that Donald Trump and John 0:22:52.200 --> 0:22:56.080 Eastman were in a conspiracy to commit offenses against the 0:22:56.200 --> 0:22:59.040 United States. Now, when I say he found that by 0:22:59.080 --> 0:23:02.399 a preponderance of the evidence, there are whole lots of 0:23:02.440 --> 0:23:05.920 different evidentiary standards in the law, both civil and criminal. 0:23:06.119 --> 0:23:10.520 A preponderance is simply more likely than not fifty one 0:23:11.400 --> 0:23:14.639 that's the standard that applies to civil trials. A jury 0:23:14.680 --> 0:23:17.840 has to decide by fifty one percent whether the defendant 0:23:17.840 --> 0:23:22.200 wins or whether the plaintiff wins. Right, But in criminal trials, 0:23:22.280 --> 0:23:25.080 we all know that to hold to convict somebody, you 0:23:25.119 --> 0:23:28.160 need proof beyond a reasonable doubt. That the granddaddy of 0:23:28.200 --> 0:23:31.879 all burdens of proof, a very high standard. But here's 0:23:31.920 --> 0:23:34.920 the thing. Judge Carter found that Donald Trump committed these 0:23:34.920 --> 0:23:37.760 crimes by a preponderance of the evidence fifty one percent 0:23:37.880 --> 0:23:42.480 more likely than not. The evidentiary standard, Danielle to indict 0:23:42.600 --> 0:23:47.879 somebody for a crime is probable cause significantly below the 0:23:48.040 --> 0:23:54.240 evidentiary standard that Judge Carter concluded was already met a 0:23:54.440 --> 0:23:58.879 higher burden showing that Donald Trump committed crimes. So you 0:23:58.920 --> 0:24:02.119 know when I saw that, like j you've got a 0:24:02.160 --> 0:24:06.440 federal judge who said you have more than enough evidence 0:24:06.720 --> 0:24:09.480 to indict Donald Trump for these crimes. And Danielle, what 0:24:09.520 --> 0:24:12.119 did we get out of DJ? Like the next day 0:24:12.200 --> 0:24:16.680 we got leaks that they've expanded their criminal investigation in 0:24:16.720 --> 0:24:18.960 all these ways. I don't believe for a minute that 0:24:19.040 --> 0:24:21.560 was a leak. I think that was what I would 0:24:21.560 --> 0:24:25.160 call a covert press release. They let that they let 0:24:25.200 --> 0:24:29.320 that come out because of the public clamor when a 0:24:29.400 --> 0:24:33.120 federal judge has already concluded that there's more than enough 0:24:33.160 --> 0:24:36.639 evidence to charge Donald Trump with a crime. So let 0:24:36.680 --> 0:24:38.879 me ask you this, because I am a cynic and 0:24:38.920 --> 0:24:43.320 everybody knows that, and I also understand pr and communications 0:24:43.359 --> 0:24:47.040 because that's part of the work that I do. How 0:24:47.400 --> 0:24:52.080 likely is it that this, you know, covert press release 0:24:52.240 --> 0:24:55.679 on the part of the Department of Justice is just 0:24:55.920 --> 0:25:00.879 to keep the peanut gallery happy enough, but it is 0:25:01.000 --> 0:25:04.919 the perception of their being work done, but actual work, 0:25:05.280 --> 0:25:10.200 actual indictments, we won't see. So what is the likelihood 0:25:10.440 --> 0:25:14.840 that me, as a deep cynic, am wrong and that 0:25:14.960 --> 0:25:19.000 we wouldn't hear or see any type of leak if 0:25:19.040 --> 0:25:23.480 they weren't actually committed to seeing this through as opposed 0:25:23.480 --> 0:25:27.359 to providing just crumbs to the public to shut us 0:25:27.359 --> 0:25:31.000 all up. Yeah, so you're the cynic and I'm the 0:25:31.119 --> 0:25:35.640 Pollyanna naive. One who shouldn't be naive after thirty years 0:25:35.760 --> 0:25:40.359 is a fed But I don't think this was a 0:25:40.560 --> 0:25:46.200 disinformation campaign by the Department of Justice, particularly because they 0:25:46.240 --> 0:25:49.280 said the reporting was for more than two months. They've 0:25:49.600 --> 0:25:53.920 they've been subpoenaing, using the grand jury subpoena power as 0:25:54.000 --> 0:25:58.840 part of a criminal investigation to get evidence from former 0:25:58.960 --> 0:26:03.560 officials Donald Trump's orbit. You can you know, listen if 0:26:03.600 --> 0:26:06.040 it was like we're hard at work and we're expanding 0:26:06.040 --> 0:26:11.240 our criminal probe, that's one thing. Boy, These were concrete 0:26:11.280 --> 0:26:15.680 details about investigative steps that have been taken. I don't 0:26:15.720 --> 0:26:21.639 think that's disinformation. Okay, So here we are now we 0:26:21.800 --> 0:26:26.399 have it activated Department of Justice. Right, the Department of 0:26:26.440 --> 0:26:30.360 Justice has woken up from its year plus slumber with 0:26:30.440 --> 0:26:36.160 regard to the insurrection Donald Trump is. We can assume 0:26:36.760 --> 0:26:40.439 that when we say Trump's orbit, donald Trump himself is 0:26:40.520 --> 0:26:46.760 being investigated. Right. Judge Carter says, oh my god, Like 0:26:46.920 --> 0:26:50.240 there is more than enough information to go through. Here. 0:26:50.359 --> 0:26:53.960 We have the House Select Committee that has now asked 0:26:54.040 --> 0:26:58.800 for subpoenas for Ivanka Trump, for Jenny Thomas, who I 0:26:58.840 --> 0:27:03.040 want to get to next, and for others. If I 0:27:03.080 --> 0:27:07.760 am in Donald Trump's circle, what am I feeling right 0:27:07.840 --> 0:27:13.439 now after this week? Yeah, pressure bursts pipes. So they're 0:27:13.520 --> 0:27:19.840 coming for Donald Trump's closest criminal associates, which may end 0:27:19.920 --> 0:27:23.880 up being his family members as well, and they are 0:27:23.960 --> 0:27:30.080 coming for Trump. I believe that everything we're learning puts 0:27:30.119 --> 0:27:34.720 the truth to what Garland and Monco number two Lisa 0:27:34.800 --> 0:27:38.000 Monico in the Department of Justice have been saying over 0:27:38.040 --> 0:27:39.960