1 00:00:00,040 --> 00:00:03,560 Speaker 1: We are awaiting the possibility of a Trump indictment. It 2 00:00:03,600 --> 00:00:07,160 Speaker 1: would be the first criminal case filed against a former president, 3 00:00:07,400 --> 00:00:10,760 Speaker 1: unprecedented in American history, and it all hinges on the 4 00:00:10,760 --> 00:00:14,040 Speaker 1: alleged falsification of business records for one hundred and thirty 5 00:00:14,080 --> 00:00:17,319 Speaker 1: thousand dollars payment to Stormy Daniels. We've heard from people 6 00:00:17,360 --> 00:00:20,600 Speaker 1: like Nancy Pelosi and people on the left and they say, oh, well, 7 00:00:20,640 --> 00:00:23,680 Speaker 1: Donald Trump's not above the law. Well, sure, you know, 8 00:00:23,760 --> 00:00:25,920 Speaker 1: I'd agree with that. No one's above the law, but 9 00:00:25,920 --> 00:00:28,520 Speaker 1: he's also not below it. He's not the first person 10 00:00:28,560 --> 00:00:31,240 Speaker 1: in America to pay someone off with an NDA, and 11 00:00:31,280 --> 00:00:33,440 Speaker 1: he's certainly not going to be the last. We all 12 00:00:33,479 --> 00:00:36,080 Speaker 1: know why they're doing this. They look at Trump as 13 00:00:36,120 --> 00:00:38,879 Speaker 1: a trophy and they're willing to burn down the country 14 00:00:38,960 --> 00:00:40,800 Speaker 1: and the rule of law to try to get him. 15 00:00:41,000 --> 00:00:43,919 Speaker 1: They've been pursuing this switch hunt from Donald Trump from 16 00:00:43,920 --> 00:00:47,240 Speaker 1: the day that he announced his candidacy for presidency. They'll 17 00:00:47,240 --> 00:00:49,320 Speaker 1: stop at nothing to try to get him. I mean, 18 00:00:49,360 --> 00:00:51,680 Speaker 1: I don't have any faith in government anymore, do you. 19 00:00:51,920 --> 00:00:55,240 Speaker 1: They've corrupted the Department of Justice, They've corrupted the FBI. 20 00:00:55,840 --> 00:00:58,000 Speaker 1: I don't believe there's an eco application of the law 21 00:00:58,000 --> 00:01:01,200 Speaker 1: in this country, certainly not out of the Manhattan DA's 22 00:01:01,280 --> 00:01:04,560 Speaker 1: office in New York City. We'll talk to former Acting 23 00:01:04,720 --> 00:01:08,480 Speaker 1: Attorney General Matt Whittaker, he was the acting Attorney General 24 00:01:08,520 --> 00:01:11,360 Speaker 1: under President Trump about all of this, what he thinks 25 00:01:11,440 --> 00:01:14,160 Speaker 1: about the case. We'll get into the details of the case, 26 00:01:14,200 --> 00:01:16,480 Speaker 1: what you need to know about it, and also what 27 00:01:16,520 --> 00:01:19,000 Speaker 1: does this all mean for both former President Trump but 28 00:01:19,000 --> 00:01:22,120 Speaker 1: also the country moving forward. What sort of precedent does 29 00:01:22,160 --> 00:01:24,839 Speaker 1: this set in America? So stay tuned. You're not gonna 30 00:01:24,840 --> 00:01:32,720 Speaker 1: want to miss this conversation with Matt Whittaker. Matt Whittaker, 31 00:01:32,720 --> 00:01:34,800 Speaker 1: it's been a while since we've caught up. I wish 32 00:01:34,800 --> 00:01:38,199 Speaker 1: I was under a different circumstances than this clown show 33 00:01:38,440 --> 00:01:41,120 Speaker 1: that we're going to be talking about here. Well, yes, 34 00:01:41,240 --> 00:01:44,360 Speaker 1: I agree. You know, typically people called me on their 35 00:01:44,360 --> 00:01:47,840 Speaker 1: worst possible days, and so you know, obviously you're not 36 00:01:47,920 --> 00:01:51,800 Speaker 1: calling for legal advice, so that's good. But yeah, it's 37 00:01:52,560 --> 00:01:55,120 Speaker 1: you know, what's going on right now with Donald Trump 38 00:01:55,160 --> 00:01:59,160 Speaker 1: and the Manhattan DA is unprecedented and it's a little crazy. 39 00:01:59,160 --> 00:02:02,120 Speaker 1: I'm sure most people listening are just shaking their heads. 40 00:02:02,520 --> 00:02:06,000 Speaker 1: We're awaiting this possible indictment. This is the first criminal 41 00:02:06,040 --> 00:02:08,799 Speaker 1: case that would be filed against a former president. Are 42 00:02:08,840 --> 00:02:11,200 Speaker 1: they going to do it? The inner workings of a 43 00:02:11,200 --> 00:02:15,079 Speaker 1: grand jury are very interesting. You know, we had Michael 44 00:02:15,120 --> 00:02:19,440 Speaker 1: Cohen's former lawyer who went in on Monday and I 45 00:02:19,480 --> 00:02:24,760 Speaker 1: think maybe gave the prosecutor and his team a little 46 00:02:24,760 --> 00:02:27,760 Speaker 1: bit of pause. I mean, you know, you ultimately you 47 00:02:27,840 --> 00:02:31,120 Speaker 1: have to get a supermajority of the grand jury to 48 00:02:31,360 --> 00:02:35,440 Speaker 1: vote for the indictment, and your star witness is a 49 00:02:35,480 --> 00:02:39,560 Speaker 1: convicted felon and somebody whose whole goal in life is to, 50 00:02:40,280 --> 00:02:43,040 Speaker 1: you know, get Donald Trump and to punish Donald Trump. 51 00:02:43,360 --> 00:02:45,320 Speaker 1: I just don't think that makes a very attractive case, 52 00:02:45,360 --> 00:02:47,640 Speaker 1: certainly to a trial jury, but I think even to 53 00:02:47,680 --> 00:02:51,240 Speaker 1: a grand jury. If I'm you know, a citizen of 54 00:02:51,320 --> 00:02:54,160 Speaker 1: this country and I'm looking at this fact pattern, and 55 00:02:54,200 --> 00:02:56,640 Speaker 1: I'm looking at all the legal jumps which we'll talk 56 00:02:56,680 --> 00:02:58,520 Speaker 1: about in a little bit that they're going to have 57 00:02:58,560 --> 00:03:02,200 Speaker 1: to make to make this case, I'm not sure there's 58 00:03:02,240 --> 00:03:06,200 Speaker 1: a choice Lisa, that you know you have. Either what 59 00:03:06,440 --> 00:03:08,400 Speaker 1: they can voting you to vote a true bill on 60 00:03:08,440 --> 00:03:11,200 Speaker 1: the indictment, which means they vote to approve the indictment, 61 00:03:11,240 --> 00:03:14,200 Speaker 1: and the process moves forward or they can no billet. 62 00:03:14,320 --> 00:03:17,240 Speaker 1: And it's very rare for a grand jury to no 63 00:03:17,480 --> 00:03:20,800 Speaker 1: bill an indictment presented to them by a prosecutor. But 64 00:03:20,880 --> 00:03:25,760 Speaker 1: it happens, and and and it shows that they're actually engaged. 65 00:03:25,800 --> 00:03:28,080 Speaker 1: I mean, it's often been said that a grand jury 66 00:03:28,080 --> 00:03:31,679 Speaker 1: wouldn't diet a ham sandwich. And I don't necessarily agree 67 00:03:31,760 --> 00:03:33,960 Speaker 1: with that extreme a case, but it's a very low bar. 68 00:03:34,040 --> 00:03:37,640 Speaker 1: It's probable cause standard, not what you know, again we'll 69 00:03:37,680 --> 00:03:39,960 Speaker 1: talk about later. The trial jury is gonna have to 70 00:03:40,000 --> 00:03:43,200 Speaker 1: consider which is a beyond a reasonable doubt standard. So 71 00:03:44,040 --> 00:03:47,800 Speaker 1: I think it's going to be a close call even 72 00:03:47,800 --> 00:03:51,480 Speaker 1: to get an indictment tomorrow. And if they do get 73 00:03:51,520 --> 00:03:53,520 Speaker 1: an indictment, I mean it's going to be it's going 74 00:03:53,600 --> 00:03:56,120 Speaker 1: to be complete and utter chaos for a while. You know. 75 00:03:56,200 --> 00:03:59,080 Speaker 1: And we're talking about a grand jury in New York City, 76 00:03:59,400 --> 00:04:02,200 Speaker 1: a liberal city. So what does that kind of grand 77 00:04:02,280 --> 00:04:04,760 Speaker 1: jury look like. Well, it's going to look like the 78 00:04:04,880 --> 00:04:07,520 Speaker 1: citizens of New York City, citizens of Manhattan. So it's 79 00:04:07,520 --> 00:04:09,760 Speaker 1: going to skew left. You know, a lot of them 80 00:04:09,760 --> 00:04:12,720 Speaker 1: are not, you know, big fans of Donald Trump. But 81 00:04:12,880 --> 00:04:14,720 Speaker 1: I hope we at least that we're not in a 82 00:04:14,800 --> 00:04:19,320 Speaker 1: situation in our country where people just like lose their 83 00:04:19,520 --> 00:04:22,839 Speaker 1: reason and common sense. You know, when I give closings 84 00:04:22,880 --> 00:04:27,000 Speaker 1: at trials, I always talk to the jury about just 85 00:04:27,120 --> 00:04:29,039 Speaker 1: you know, that they did not check their reason and 86 00:04:29,080 --> 00:04:32,080 Speaker 1: common sense at the door. And I think these grand juries, 87 00:04:32,080 --> 00:04:34,520 Speaker 1: certainly the grand jurors can certainly use their reason and 88 00:04:34,560 --> 00:04:38,440 Speaker 1: common sense to look at the facts and decide whether 89 00:04:38,880 --> 00:04:41,080 Speaker 1: they think that's a crime. I think there's a lot 90 00:04:41,120 --> 00:04:43,720 Speaker 1: of people that don't think it's a crime. Certainly, a 91 00:04:43,760 --> 00:04:46,640 Speaker 1: lot of people that don't think it's a felony. You know, 92 00:04:47,120 --> 00:04:50,760 Speaker 1: whether or not he altered a business record, you know, 93 00:04:50,880 --> 00:04:53,680 Speaker 1: that's a misdemeanor under New York law. And I don't 94 00:04:53,720 --> 00:04:56,680 Speaker 1: see that the elevated the way they're trying to elevate 95 00:04:56,720 --> 00:04:59,640 Speaker 1: this to a felony is going to be successful to me. Ultimately, 96 00:04:59,760 --> 00:05:01,800 Speaker 1: we can we can get it in that as well. Yeah, 97 00:05:02,000 --> 00:05:03,840 Speaker 1: you know, of course, the allegation is that there was 98 00:05:03,880 --> 00:05:06,719 Speaker 1: a falsification of business records for this one hundred and 99 00:05:06,720 --> 00:05:11,120 Speaker 1: thirty thousand dollars payment to Stormy Daniels. From your legal perspective, 100 00:05:11,400 --> 00:05:13,880 Speaker 1: does it look like a crime was committed here? Yeah, 101 00:05:13,960 --> 00:05:16,039 Speaker 1: I mean, that's that's a great question. I mean, you 102 00:05:16,080 --> 00:05:19,280 Speaker 1: know sort of these these you know that that's going 103 00:05:19,320 --> 00:05:21,520 Speaker 1: to be a question that the jury is going to 104 00:05:21,600 --> 00:05:23,840 Speaker 1: have to wrestle with if it goes to trial, and 105 00:05:23,880 --> 00:05:25,640 Speaker 1: that that an appellate court is going to have to 106 00:05:25,680 --> 00:05:28,080 Speaker 1: decide what the law is on that is, you know, 107 00:05:28,080 --> 00:05:32,480 Speaker 1: it is characterizing something as a legal fee, um, you know, 108 00:05:32,520 --> 00:05:35,840 Speaker 1: the same as a you know, as a settlement expense. 109 00:05:35,920 --> 00:05:37,440 Speaker 1: You know, I think that's a I think that's probably 110 00:05:37,440 --> 00:05:39,960 Speaker 1: a closer call than a lot of people maybe originally 111 00:05:40,000 --> 00:05:43,320 Speaker 1: would think until they kind of consider it, um, you 112 00:05:43,360 --> 00:05:45,719 Speaker 1: know what this was for, you know, I mean, and 113 00:05:45,760 --> 00:05:47,839 Speaker 1: then you know, what they're really trying to say is 114 00:05:47,880 --> 00:05:50,960 Speaker 1: that it was a campaign expense. And I can tell 115 00:05:51,000 --> 00:05:53,680 Speaker 1: you that, you know, while I was acting Attorney General, 116 00:05:53,920 --> 00:05:56,480 Speaker 1: the Southern District in New York looked at this fack pattern. 117 00:05:56,520 --> 00:05:59,440 Speaker 1: It's the exact same back pattern on the idea of 118 00:05:59,480 --> 00:06:03,840 Speaker 1: a campaign finance violation, and they determined that it wasn't 119 00:06:03,880 --> 00:06:05,960 Speaker 1: a campaign finance violation. I'll tell you why. I think 120 00:06:05,960 --> 00:06:08,440 Speaker 1: it's you know, it's a really interesting question. First, a 121 00:06:08,440 --> 00:06:10,800 Speaker 1: little history. You know, they they tried to do this, 122 00:06:11,000 --> 00:06:15,160 Speaker 1: you know, remember John Edwards paid you know, his UM 123 00:06:17,000 --> 00:06:19,560 Speaker 1: fair a fair partner if you will, on which call. 124 00:06:19,640 --> 00:06:25,080 Speaker 1: But it was also on his campaign a settlement out 125 00:06:25,080 --> 00:06:29,400 Speaker 1: of his campaign fund, not his personal funds. And DJ 126 00:06:29,560 --> 00:06:32,360 Speaker 1: prosecutor John Edwards, and John Edwards was acquitted at trial 127 00:06:33,120 --> 00:06:36,279 Speaker 1: UM and it was it was pretty clear from that 128 00:06:36,320 --> 00:06:39,000 Speaker 1: acquittal that you know, some of these things, you know, 129 00:06:39,000 --> 00:06:44,160 Speaker 1: a personal flash campaign expense, you know, might not rise 130 00:06:44,240 --> 00:06:46,760 Speaker 1: to that level of the campaign finance violation. But I 131 00:06:46,800 --> 00:06:50,000 Speaker 1: will tell you this, what really is is at the 132 00:06:50,080 --> 00:06:52,760 Speaker 1: heart of this issue is this is the idea of 133 00:06:52,760 --> 00:06:56,280 Speaker 1: a settlement agreement. Whether Donald Trump was intimate with Stormy Gans, 134 00:06:56,320 --> 00:07:00,760 Speaker 1: I believe President Trump I don't think he was. But 135 00:07:00,920 --> 00:07:03,440 Speaker 1: you know, either way, it doesn't matter for the for 136 00:07:03,680 --> 00:07:06,200 Speaker 1: the purposes of what I'm going to explain, and that 137 00:07:06,320 --> 00:07:09,720 Speaker 1: is is that certainly, in twenty sixteen, in the fall, 138 00:07:09,920 --> 00:07:14,480 Speaker 1: he was running for president, he was a candidate. Certainly, 139 00:07:14,560 --> 00:07:17,760 Speaker 1: a settlement to keep somebody quiet from speaking out, you know, 140 00:07:17,880 --> 00:07:21,240 Speaker 1: could be argued to, you know, have benefited his campaign, 141 00:07:21,520 --> 00:07:24,679 Speaker 1: but not everything that benefits your campaign is a campaign expense. 142 00:07:24,920 --> 00:07:27,040 Speaker 1: If you're a candidate and you go to lunch during 143 00:07:27,080 --> 00:07:29,720 Speaker 1: a campaign stop, and you pay for your own lunch. 144 00:07:29,760 --> 00:07:32,960 Speaker 1: That's certainly not a campaign violation. And so on the 145 00:07:32,960 --> 00:07:38,400 Speaker 1: other hand, you know, it's also a personal expense that 146 00:07:38,520 --> 00:07:41,960 Speaker 1: you know, because obviously it didn't just affect his campaign, 147 00:07:42,200 --> 00:07:44,560 Speaker 1: it affected his personal life. It affect his relationship with 148 00:07:44,600 --> 00:07:47,520 Speaker 1: his wife, relationship with his kids, a relationship with his business. 149 00:07:47,560 --> 00:07:50,480 Speaker 1: So this at best, it's a it's a it's a 150 00:07:50,560 --> 00:07:54,920 Speaker 1: combo personal and campaign expense, and under the law, that 151 00:07:54,960 --> 00:07:58,080 Speaker 1: doesn't make it a campaign expense and therefore a violation 152 00:07:58,080 --> 00:08:00,120 Speaker 1: of campaign finance law. And I can give you a 153 00:08:00,160 --> 00:08:02,800 Speaker 1: stronger argument, and that is that the Federal Election Commission 154 00:08:03,000 --> 00:08:05,120 Speaker 1: looked at this exact same fact pattern as well, in 155 00:08:05,160 --> 00:08:07,720 Speaker 1: addition to Southern District from New York, and they also 156 00:08:07,800 --> 00:08:11,680 Speaker 1: concluded that this was not a campaign finance violation. So 157 00:08:11,880 --> 00:08:14,680 Speaker 1: you know, in my mind, this is a very aggressive 158 00:08:14,760 --> 00:08:19,960 Speaker 1: and it takes this campaign finance violation, this felony to 159 00:08:20,040 --> 00:08:22,920 Speaker 1: get this what was otherwise a misdemeanor. We were talking about, 160 00:08:22,960 --> 00:08:26,520 Speaker 1: this qualtification of business records to be elevated to a felony. 161 00:08:26,520 --> 00:08:29,800 Speaker 1: And therefore, you know, actually do some you know, some 162 00:08:29,920 --> 00:08:35,560 Speaker 1: real meaningful you know, legal damage to you know, the 163 00:08:35,559 --> 00:08:38,680 Speaker 1: president well and campaign finance violations, you know, typically it 164 00:08:38,760 --> 00:08:40,679 Speaker 1: ends up in a fine. I mean New York City's 165 00:08:40,760 --> 00:08:44,680 Speaker 1: Mayor Eric Adams is currently facing likely fines for accepting 166 00:08:44,800 --> 00:08:49,480 Speaker 1: legal campaign contributions, improperly accounting for them, and then also 167 00:08:49,520 --> 00:08:53,840 Speaker 1: ignoring request for documentation by state election authorities. Certainly don't 168 00:08:53,880 --> 00:08:56,760 Speaker 1: think he's going to be facing a felony by Alvin Bragg. 169 00:08:56,920 --> 00:09:00,360 Speaker 1: And that's really where this thing gets really dubious is because, 170 00:09:00,559 --> 00:09:04,000 Speaker 1: let's stay on its face, it would potentially be a misdemeanor, 171 00:09:04,000 --> 00:09:06,640 Speaker 1: but the statute of limitations are up for a misdemeanor 172 00:09:06,760 --> 00:09:09,120 Speaker 1: on this particular case with Trump, So they're reaching for 173 00:09:09,160 --> 00:09:11,480 Speaker 1: a felony. And for that, I mean they must prove 174 00:09:11,480 --> 00:09:15,280 Speaker 1: beyond a reasonable doubt not only did he intend, you know, declare, 175 00:09:15,760 --> 00:09:18,080 Speaker 1: they have to prove beyond a reasonable doubt that he 176 00:09:18,120 --> 00:09:22,000 Speaker 1: intended by this falsification of records to conceal the commission 177 00:09:22,440 --> 00:09:26,200 Speaker 1: of another crime in the process, I mean a felony here. 178 00:09:26,440 --> 00:09:29,319 Speaker 1: I'm not an attorney, you are, but just from a 179 00:09:29,320 --> 00:09:32,040 Speaker 1: common sense standpoint, seems like a reach on what they're 180 00:09:32,040 --> 00:09:34,480 Speaker 1: accusing him of. It is. And the other thing is, 181 00:09:34,559 --> 00:09:36,559 Speaker 1: you know, I'm not prone to what about is m 182 00:09:36,640 --> 00:09:39,679 Speaker 1: I don't think it really furthers the art argument very often, 183 00:09:39,720 --> 00:09:41,200 Speaker 1: but in this case it kind of. I do do 184 00:09:41,200 --> 00:09:43,319 Speaker 1: it sometimes I'm not going to, I know, but I 185 00:09:45,000 --> 00:09:50,199 Speaker 1: mean Hillary Clinton was fined for hiding the Fusion GPS 186 00:09:50,360 --> 00:09:54,440 Speaker 1: research in the Russian collusion, you know, the dossier as 187 00:09:54,480 --> 00:09:57,640 Speaker 1: as payments to a law firm, and certainly that's a 188 00:09:57,720 --> 00:09:59,920 Speaker 1: falsification of a business record. And you don't see album 189 00:10:00,080 --> 00:10:03,920 Speaker 1: Brag showing any interest in going after her for that crime, 190 00:10:04,360 --> 00:10:06,559 Speaker 1: you know. So, and then you know, we have this 191 00:10:06,600 --> 00:10:09,120 Speaker 1: whole statute of limitations issue as well. So you have 192 00:10:09,200 --> 00:10:11,880 Speaker 1: the felony issue that we're talking about right now, and 193 00:10:11,920 --> 00:10:14,480 Speaker 1: then you have a statute of limitations challenge that's going 194 00:10:14,520 --> 00:10:17,319 Speaker 1: to be very interesting how they contort themselves because the 195 00:10:17,360 --> 00:10:21,560 Speaker 1: alleged behavior happened seven years ago, and the statue limitations 196 00:10:21,559 --> 00:10:23,960 Speaker 1: for even a felony it's five years, misdemeanors two years. 197 00:10:23,960 --> 00:10:27,679 Speaker 1: That's clearly passed time wise, and so you know, I 198 00:10:27,679 --> 00:10:31,920 Speaker 1: think this case, as we break it down, just becomes 199 00:10:32,120 --> 00:10:37,160 Speaker 1: a huge leap to you know, and under the guise 200 00:10:37,200 --> 00:10:39,880 Speaker 1: of that, they were just wanted to target Donald Trump 201 00:10:39,920 --> 00:10:42,000 Speaker 1: and we're going to prosecute him no matter what, and 202 00:10:42,000 --> 00:10:44,320 Speaker 1: so you mentioned for the felony they're trying to say, 203 00:10:44,800 --> 00:10:47,600 Speaker 1: as my understanding is that because he's been outside of 204 00:10:47,640 --> 00:10:50,360 Speaker 1: the state of New York that somehow that like pauses 205 00:10:50,400 --> 00:10:53,840 Speaker 1: the statute of limitations for the felony charges. That correct. 206 00:10:54,320 --> 00:10:57,160 Speaker 1: I forget what the what it's exactly called. So my 207 00:10:57,280 --> 00:11:02,120 Speaker 1: actual understanding of their argument is that the payments to 208 00:11:02,160 --> 00:11:05,640 Speaker 1: Michael Cohen were over a couple of years, and that 209 00:11:05,720 --> 00:11:08,839 Speaker 1: they're barely within the last payment is within that five years. 210 00:11:09,679 --> 00:11:13,480 Speaker 1: I think that I haven't heard the extra jurisdictional argument. 211 00:11:13,559 --> 00:11:17,320 Speaker 1: Maybe there's one that's one as well. But I read 212 00:11:17,360 --> 00:11:21,240 Speaker 1: a nice piece by your colleague Andy MacArthur, or maybe 213 00:11:21,200 --> 00:11:23,480 Speaker 1: it was John Turley, one of them wrote kind of 214 00:11:23,480 --> 00:11:26,680 Speaker 1: a breakdown of sort of this idea of how to 215 00:11:26,720 --> 00:11:29,040 Speaker 1: get within the five years, and still believe that it 216 00:11:29,080 --> 00:11:32,800 Speaker 1: was a little, uh specul to try to get it 217 00:11:32,840 --> 00:11:35,000 Speaker 1: within that window of five years, because I thought I 218 00:11:35,040 --> 00:11:37,600 Speaker 1: was reading an article from him as well, and I 219 00:11:37,640 --> 00:11:39,600 Speaker 1: forget what it was called, but there's like a certain 220 00:11:39,640 --> 00:11:42,920 Speaker 1: word for it that they can But anyways, well you 221 00:11:42,920 --> 00:11:47,560 Speaker 1: can toll the states, right, Yes, I don't. I don't. 222 00:11:47,800 --> 00:11:50,960 Speaker 1: I just it's going to be a novel theory under 223 00:11:51,000 --> 00:11:53,280 Speaker 1: a New York law. I just I think it's I 224 00:11:53,280 --> 00:11:55,480 Speaker 1: don't you know, usually if you're just in another state, 225 00:11:55,600 --> 00:11:57,080 Speaker 1: that's not I mean, if you're out of the country, 226 00:11:57,080 --> 00:12:00,400 Speaker 1: I might pull but in another state, I don't, that's not. 227 00:12:00,440 --> 00:12:02,640 Speaker 1: I'm not familiar with that because but again, this is 228 00:12:02,640 --> 00:12:05,600 Speaker 1: they're going to use every aggressive technique to try to, 229 00:12:05,800 --> 00:12:08,319 Speaker 1: you know, prosecute Donald Trump. That's pretty clear to me 230 00:12:08,400 --> 00:12:10,080 Speaker 1: right now. But I mean it seems like even in 231 00:12:10,120 --> 00:12:13,240 Speaker 1: this conversation even trying to come up with what they 232 00:12:13,240 --> 00:12:15,680 Speaker 1: would possibly do, I mean, we're even reaching and trying 233 00:12:15,679 --> 00:12:17,840 Speaker 1: to figure out how they would reach. So it's like, 234 00:12:18,360 --> 00:12:21,200 Speaker 1: you know, and and and they have to get to 235 00:12:21,280 --> 00:12:24,000 Speaker 1: a point of beyond a reasonable doubt here, and so 236 00:12:24,080 --> 00:12:26,640 Speaker 1: I just feel like if we're even having a you know, 237 00:12:26,720 --> 00:12:29,800 Speaker 1: trouble trying to figure out, you know, how they're reaching, 238 00:12:30,760 --> 00:12:33,839 Speaker 1: I mean, how do they reach that standard? I don't know. 239 00:12:34,600 --> 00:12:38,720 Speaker 1: This is I've I've found myself in trying to explain 240 00:12:38,880 --> 00:12:43,200 Speaker 1: this whole situation several times just resorting to the I 241 00:12:43,200 --> 00:12:46,000 Speaker 1: don't know, because it doesn't make any sense. It's unprecedented. 242 00:12:46,040 --> 00:12:49,560 Speaker 1: So we're you know, we're in brand new uncharted territory. 243 00:12:49,640 --> 00:12:52,079 Speaker 1: At the same time, you know, some of these legal 244 00:12:52,120 --> 00:12:55,839 Speaker 1: theories and ideas that they're trying to use just don't 245 00:12:55,840 --> 00:12:58,000 Speaker 1: make any sense to me. And you know, again, I'm 246 00:12:58,040 --> 00:13:02,200 Speaker 1: used to where you bring a case because you not 247 00:13:02,200 --> 00:13:04,240 Speaker 1: only believe in the case, but it's it's one of 248 00:13:04,240 --> 00:13:09,079 Speaker 1: your priorities, it helps your community, and um, and it's 249 00:13:09,120 --> 00:13:12,160 Speaker 1: you're gonna you're you're certain of that you're gonna have 250 00:13:12,280 --> 00:13:15,679 Speaker 1: a really good chance of winning the case or getting 251 00:13:15,720 --> 00:13:19,839 Speaker 1: a plea. This seems like completely opposite of all those tenants. Um, 252 00:13:20,360 --> 00:13:23,600 Speaker 1: it's not going to help the citizens of Manhattan at all. 253 00:13:24,000 --> 00:13:27,600 Speaker 1: It's certainly not making their lives better. Uh, you know. 254 00:13:27,760 --> 00:13:31,080 Speaker 1: And at the same time, uh, it just does not 255 00:13:31,200 --> 00:13:34,560 Speaker 1: seem like that the chance of winning this case is 256 00:13:34,760 --> 00:13:36,960 Speaker 1: at best a coin flip. I think it's actually worse 257 00:13:36,960 --> 00:13:39,360 Speaker 1: than that. I think the probability is probably less than 258 00:13:39,360 --> 00:13:42,160 Speaker 1: twenty percent that they can actually get this to a conviction, 259 00:13:42,480 --> 00:13:50,040 Speaker 1: conviction that'll stick quick commercial break more with Matt Whittaker. Here, 260 00:13:50,120 --> 00:13:52,880 Speaker 1: people like Nancy Pelosi and the left and they say, oh, well, 261 00:13:52,920 --> 00:13:55,040 Speaker 1: you know, Trump isn't above the law. You know, sure, 262 00:13:55,480 --> 00:13:58,080 Speaker 1: I agree that no one's above the law, but I 263 00:13:58,080 --> 00:14:01,439 Speaker 1: agree with that below it either you know, and he's 264 00:14:01,800 --> 00:14:04,320 Speaker 1: he's not below the equal application of the law. And 265 00:14:04,400 --> 00:14:06,439 Speaker 1: it's hard to imagine that this is if this was 266 00:14:06,520 --> 00:14:10,240 Speaker 1: just you know, any other person, even any other political candidate, 267 00:14:10,920 --> 00:14:13,400 Speaker 1: that they would be trying to reach for a felony 268 00:14:13,520 --> 00:14:16,760 Speaker 1: or even trying to potentially indict that individual on this. 269 00:14:17,320 --> 00:14:20,960 Speaker 1: I completely agree with you. I think this is may 270 00:14:21,280 --> 00:14:23,880 Speaker 1: cause I know something. There's instant speculation that this would 271 00:14:23,920 --> 00:14:27,080 Speaker 1: cause a quote unquote war, but you're going to see. 272 00:14:27,880 --> 00:14:32,160 Speaker 1: I'm worried if this is successful, that there is going 273 00:14:32,160 --> 00:14:35,560 Speaker 1: to be a real desire or let's just say it, 274 00:14:35,640 --> 00:14:39,040 Speaker 1: for revenge for the right and their prosecutors to start 275 00:14:39,080 --> 00:14:41,000 Speaker 1: targeting the left. And I don't think that. I don't 276 00:14:41,000 --> 00:14:42,320 Speaker 1: think that should be done. I don't think it should 277 00:14:42,320 --> 00:14:43,920 Speaker 1: be done on either side. I don't think there should 278 00:14:43,920 --> 00:14:48,040 Speaker 1: be a targeting of individuals by the state. And that's 279 00:14:48,640 --> 00:14:52,360 Speaker 1: unfortunately what the Democrats appear to one. I mean, they 280 00:14:52,480 --> 00:14:57,920 Speaker 1: just continue to pursue this path, and I don't think 281 00:14:57,960 --> 00:14:59,720 Speaker 1: I don't think they're going to end with Donald Trump. 282 00:14:59,760 --> 00:15:03,160 Speaker 1: I mean, I just think all conservatives and it's certainly 283 00:15:03,160 --> 00:15:07,760 Speaker 1: all you know, high profile political office holders, and you know, 284 00:15:07,920 --> 00:15:11,480 Speaker 1: pundits are our fair game. And in this in Alvin 285 00:15:11,480 --> 00:15:16,000 Speaker 1: Braggs and George Soils and the liberal left worldview, and 286 00:15:16,200 --> 00:15:19,320 Speaker 1: you know, I guess to some extent, you know, it's 287 00:15:19,360 --> 00:15:21,640 Speaker 1: just like all other lawfare. It's just one of the 288 00:15:21,720 --> 00:15:25,200 Speaker 1: tools in the battle between the sides. But I just 289 00:15:25,360 --> 00:15:30,760 Speaker 1: it's it's when we make the political criminal, I think 290 00:15:30,760 --> 00:15:32,960 Speaker 1: we all lose. And I think our founding fathers will 291 00:15:33,000 --> 00:15:36,200 Speaker 1: be very concerned about what's happening right now. Well, and 292 00:15:36,600 --> 00:15:39,240 Speaker 1: what's worrisome too is I mean, look, the left looks 293 00:15:39,280 --> 00:15:41,920 Speaker 1: at Trump like a trophy. You know, they're all trying 294 00:15:41,960 --> 00:15:44,120 Speaker 1: to get that trophy to get up. But you know, 295 00:15:44,120 --> 00:15:47,280 Speaker 1: in the process, they've set the country on fire, you know, 296 00:15:47,360 --> 00:15:49,640 Speaker 1: I mean they've destroyed the rule of law. They've corrupted 297 00:15:49,680 --> 00:15:53,440 Speaker 1: the FBI, they've corrupted the Department of Justice. Americans have 298 00:15:53,520 --> 00:15:56,120 Speaker 1: no faith in institutions or a government anymore. So in 299 00:15:56,200 --> 00:15:59,600 Speaker 1: the process of trying to get Donald Trump since twenty sixteen, 300 00:15:59,720 --> 00:16:02,480 Speaker 1: they've destroyed the country. And the process isn't that what 301 00:16:02,560 --> 00:16:05,080 Speaker 1: marks us to do? Ultimately? I mean, you know, they 302 00:16:05,160 --> 00:16:08,360 Speaker 1: undermine the institutions, and they you know, they they they're 303 00:16:08,360 --> 00:16:11,480 Speaker 1: always quick to you know, point the finger at those 304 00:16:11,480 --> 00:16:14,200 Speaker 1: of us on the right and suggest that somehow we're 305 00:16:14,320 --> 00:16:16,320 Speaker 1: we started or we did it. I mean, I don't 306 00:16:16,360 --> 00:16:19,240 Speaker 1: think I think trying to you know, sort of uh 307 00:16:19,560 --> 00:16:25,400 Speaker 1: dismantle the permanent uh, you know, bureaucratic state is actually 308 00:16:25,480 --> 00:16:28,200 Speaker 1: a good goal. Um. You know, I was, you know, 309 00:16:28,240 --> 00:16:30,800 Speaker 1: I don't think there's any reason we started shouldn't start 310 00:16:30,920 --> 00:16:34,120 Speaker 1: having serious discussions about moving the government out of Washington, 311 00:16:34,240 --> 00:16:37,800 Speaker 1: DC and into the states, you know, distributing the government 312 00:16:38,080 --> 00:16:43,840 Speaker 1: to the people instead of consolidating power within one national capital. Um. 313 00:16:44,920 --> 00:16:46,480 Speaker 1: I just you know, I just think I think we 314 00:16:46,560 --> 00:16:49,320 Speaker 1: I think we need to really roll up our sleeves 315 00:16:49,360 --> 00:16:53,640 Speaker 1: and and and rethink how we get back to these 316 00:16:53,800 --> 00:16:57,440 Speaker 1: basic and fundamental um tenets of our founding, you know, 317 00:16:57,440 --> 00:17:01,120 Speaker 1: our constitutional separation of powers, not only between the three 318 00:17:01,160 --> 00:17:03,880 Speaker 1: branches of federal government, between the between the federal government 319 00:17:03,880 --> 00:17:05,919 Speaker 1: and the states. And I think we also need to 320 00:17:05,960 --> 00:17:08,879 Speaker 1: look at how, you know, the rule of law. I 321 00:17:08,880 --> 00:17:12,639 Speaker 1: think we need to look at how we can make 322 00:17:12,720 --> 00:17:20,040 Speaker 1: these powerful positions that prosecutors have accountable. And especially when 323 00:17:20,040 --> 00:17:23,280 Speaker 1: you have these places like Manhattan where it's just one 324 00:17:23,359 --> 00:17:27,800 Speaker 1: party rule, it's it's destabilizing our country, and you know, 325 00:17:27,880 --> 00:17:30,199 Speaker 1: and it's also distracting our country at least. So this 326 00:17:30,240 --> 00:17:32,160 Speaker 1: is what I worry about. You know, we had massive 327 00:17:32,760 --> 00:17:38,000 Speaker 1: banking challenges, we have you know, serious national security challenges 328 00:17:38,400 --> 00:17:41,600 Speaker 1: China and Russia and North Korea. And you know, we 329 00:17:41,680 --> 00:17:45,960 Speaker 1: know that we have alliances with other countries that they're 330 00:17:46,040 --> 00:17:49,280 Speaker 1: begging us to engage and protect and work with them. 331 00:17:49,320 --> 00:17:53,720 Speaker 1: I'm thinking of Australia and Japan, India our prime examples 332 00:17:53,720 --> 00:17:58,160 Speaker 1: of that. The world is not a safe place, and 333 00:17:58,600 --> 00:18:01,320 Speaker 1: you know, the United States has to lead and right now, 334 00:18:02,200 --> 00:18:04,560 Speaker 1: Joe Biden and the Democrats it's a clown show and 335 00:18:04,720 --> 00:18:07,120 Speaker 1: all they want to do is prosecute Donald Trump. It's 336 00:18:07,160 --> 00:18:09,439 Speaker 1: it's really sad well, and in part that might be 337 00:18:09,480 --> 00:18:12,120 Speaker 1: why they're doing it, you know, as well, to try 338 00:18:12,160 --> 00:18:14,639 Speaker 1: to distract from the fact that you know, the country 339 00:18:14,720 --> 00:18:16,920 Speaker 1: is falling apart. And it seems right now to your point, 340 00:18:17,040 --> 00:18:20,560 Speaker 1: centralization a government that has taken place, has you know, 341 00:18:20,640 --> 00:18:23,240 Speaker 1: destroyed the country. You know what happens to a country 342 00:18:23,320 --> 00:18:26,119 Speaker 1: when you lose the rule of law, which is the 343 00:18:26,160 --> 00:18:29,360 Speaker 1: direction we're heading in in America right now. Yeah, I mean, 344 00:18:29,400 --> 00:18:32,040 Speaker 1: I think it's not good. I mean, because then it 345 00:18:32,080 --> 00:18:34,840 Speaker 1: becomes you know, essentially which you have in China, where 346 00:18:34,840 --> 00:18:38,919 Speaker 1: there's a there's a powerful elite that decide everything. You know, 347 00:18:38,960 --> 00:18:41,440 Speaker 1: they decide what the law is, they decide who the 348 00:18:41,640 --> 00:18:44,679 Speaker 1: law applies to, who the law doesn't apply to, and 349 00:18:44,720 --> 00:18:48,080 Speaker 1: then there's a you know, obviously a consolidation of power 350 00:18:49,240 --> 00:18:54,560 Speaker 1: and um and wealth among those people in control. It's 351 00:18:54,600 --> 00:18:56,480 Speaker 1: not it's not good, but you know, this is what 352 00:18:56,880 --> 00:18:59,159 Speaker 1: you know. Democrats would always love to take other people's 353 00:18:59,160 --> 00:19:02,159 Speaker 1: money and you know, and and pretend like they you know, 354 00:19:02,200 --> 00:19:04,200 Speaker 1: they're wealthy, well, and that's the thing, and they push 355 00:19:04,280 --> 00:19:06,800 Speaker 1: things like you know, socialism, but you know, all that 356 00:19:06,840 --> 00:19:10,040 Speaker 1: really does is empower the elite. So if you're Bernie 357 00:19:10,040 --> 00:19:12,359 Speaker 1: Stander or you're you're fine, you're part of the ruling class. 358 00:19:12,359 --> 00:19:15,439 Speaker 1: It's everyone else that gets screwed. Let's say that this 359 00:19:15,440 --> 00:19:18,600 Speaker 1: this goes down. You know, Trump is indicted. What sort 360 00:19:18,640 --> 00:19:21,280 Speaker 1: of legal recourse does he have and all of this 361 00:19:21,560 --> 00:19:24,120 Speaker 1: to try to continue to fight it? What's the process there? 362 00:19:24,440 --> 00:19:27,000 Speaker 1: Knowing Donald Trump as I know him, he's going to 363 00:19:27,040 --> 00:19:30,440 Speaker 1: fight with everything he has. I hope he's got a 364 00:19:30,440 --> 00:19:32,520 Speaker 1: good team of lawyers. I know some of them. I 365 00:19:32,520 --> 00:19:35,000 Speaker 1: don't know all of them, um, but you know there's 366 00:19:35,000 --> 00:19:37,399 Speaker 1: going to be a lot of motions. If he's dined, 367 00:19:37,440 --> 00:19:39,720 Speaker 1: there's gonna be a lot of emotions, um. And those 368 00:19:39,840 --> 00:19:43,800 Speaker 1: motions if they're denied or could be appealed depending on 369 00:19:44,480 --> 00:19:46,960 Speaker 1: what you know, what the characterization is. And then you 370 00:19:47,000 --> 00:19:51,320 Speaker 1: know there's obviously potentially federal appeals that could be done, 371 00:19:51,400 --> 00:19:54,959 Speaker 1: especially in this campaign finance area we were discussing earlier. 372 00:19:54,960 --> 00:19:56,439 Speaker 1: And so there's there's going to be a lot of 373 00:19:56,440 --> 00:19:58,840 Speaker 1: twists and turns to this and a lot of opportunities 374 00:19:58,880 --> 00:20:00,600 Speaker 1: for us to talk about Elisa. So they look forward 375 00:20:00,600 --> 00:20:02,680 Speaker 1: to come back on the future. It seems like it's 376 00:20:03,200 --> 00:20:06,280 Speaker 1: potentially inevitable. But you know, and also I think what 377 00:20:06,359 --> 00:20:08,520 Speaker 1: are the concerns too, is you know, they've tried to 378 00:20:08,960 --> 00:20:11,880 Speaker 1: make working for Trump so toxic. Can he get great 379 00:20:11,960 --> 00:20:15,520 Speaker 1: legal help right now? Yeah? I mean certainly, I think 380 00:20:15,560 --> 00:20:18,480 Speaker 1: that has been a challenge for him, is to find 381 00:20:18,600 --> 00:20:22,440 Speaker 1: really good people that you know, are willing to I guess, 382 00:20:22,720 --> 00:20:27,159 Speaker 1: you know, put everything on the line to defend the 383 00:20:27,240 --> 00:20:28,720 Speaker 1: rule of law. But I think, you know, again, I 384 00:20:28,760 --> 00:20:31,719 Speaker 1: think the guy certainly working on the Special Council's investigation 385 00:20:32,160 --> 00:20:34,040 Speaker 1: is a great lawyer, and I think there will be others, 386 00:20:34,119 --> 00:20:36,399 Speaker 1: and there's plenty of you know, good lawyers in New 387 00:20:36,480 --> 00:20:38,760 Speaker 1: York City that could help him on this case. And 388 00:20:38,800 --> 00:20:40,520 Speaker 1: so I think you'll find I think you'll find the 389 00:20:40,640 --> 00:20:43,640 Speaker 1: right person. But his you know, his fighting spirit is indomitable, 390 00:20:43,680 --> 00:20:46,280 Speaker 1: and so I think that you know, that will be um, 391 00:20:46,960 --> 00:20:48,679 Speaker 1: that will be good in the long term. If he 392 00:20:48,800 --> 00:20:51,240 Speaker 1: is indicted, what are the next steps then that he 393 00:20:51,240 --> 00:20:54,800 Speaker 1: would be facing in the process. Well, so if he's indicted, 394 00:20:54,840 --> 00:21:00,439 Speaker 1: the next steps are a restaurant will be issued or 395 00:21:00,480 --> 00:21:03,520 Speaker 1: a notice to appear. Um, you know, if Alvin Bragg 396 00:21:03,640 --> 00:21:05,760 Speaker 1: has any class, you will just give them a notice 397 00:21:05,760 --> 00:21:08,760 Speaker 1: to appear. There will then be you know, the initial 398 00:21:08,800 --> 00:21:13,439 Speaker 1: parents the processing, which involves mugshot, fingerprinting and the like, 399 00:21:13,760 --> 00:21:17,080 Speaker 1: and then there will be a trial schedule set and 400 00:21:17,200 --> 00:21:21,320 Speaker 1: a discovery order that's put in place to for the 401 00:21:21,359 --> 00:21:23,399 Speaker 1: governments from overall the evidence that they have in their 402 00:21:23,440 --> 00:21:28,320 Speaker 1: possession and all exam exculpatory evidence as well, and then 403 00:21:29,200 --> 00:21:31,280 Speaker 1: you know, we just had to trial. You know, I 404 00:21:31,280 --> 00:21:33,000 Speaker 1: think there'll be a lot of motions, like I said, 405 00:21:33,040 --> 00:21:35,400 Speaker 1: a lot of appeals in the middle of all that, 406 00:21:35,480 --> 00:21:37,840 Speaker 1: and then ultimately we'll go, you know there'll be a 407 00:21:37,880 --> 00:21:40,200 Speaker 1: plea or a trial. I don't expect that this will 408 00:21:40,200 --> 00:21:43,600 Speaker 1: be a plea um, but you know, again, we'll just 409 00:21:43,960 --> 00:21:48,800 Speaker 1: each each moment provides just a really interesting, unprecedented moment 410 00:21:48,800 --> 00:21:52,119 Speaker 1: in American history that will tell our children, our grandchildren about. 411 00:21:52,400 --> 00:21:54,480 Speaker 1: It's just, you know, it just I don't know, it 412 00:21:54,480 --> 00:21:57,000 Speaker 1: doesn't even feel like America anymore. It's just it's really 413 00:21:57,040 --> 00:21:59,919 Speaker 1: sad to see all this happened. It just feels like 414 00:22:00,040 --> 00:22:03,399 Speaker 1: where our country's almost lost. Matt Whittaker. Liberty Andjustice with 415 00:22:03,440 --> 00:22:05,720 Speaker 1: Matt Whittaker is your podcast? Is there anything you'd like 416 00:22:05,760 --> 00:22:08,520 Speaker 1: to leave us with before we go? Everybody needs to 417 00:22:08,520 --> 00:22:11,760 Speaker 1: participate in our republic. We can just all stand by 418 00:22:11,800 --> 00:22:14,119 Speaker 1: the sidelines. We need to all find a way to 419 00:22:14,119 --> 00:22:16,840 Speaker 1: get involved, no matter in your political persuasion at all. 420 00:22:16,880 --> 00:22:20,600 Speaker 1: I just think we all need to participate in civic life. 421 00:22:20,720 --> 00:22:22,919 Speaker 1: And I think that's what our founding fathers expected, and 422 00:22:22,920 --> 00:22:24,199 Speaker 1: I think we all need to live up to that 423 00:22:24,240 --> 00:22:26,159 Speaker 1: in our own way. Well, I appreciate it, Matt. I 424 00:22:26,160 --> 00:22:28,480 Speaker 1: know you're a busy guy. Everyone wants to talk to you. 425 00:22:28,520 --> 00:22:30,760 Speaker 1: I appreciate you taking the time to come on the show. 426 00:22:30,960 --> 00:22:32,960 Speaker 1: Hope to catch up with you, Sue, and under better 427 00:22:32,960 --> 00:22:35,680 Speaker 1: circumstances my pleasure least look forward to talking to you soon. 428 00:22:41,160 --> 00:22:44,480 Speaker 1: So that was Matt Whittaker, a former acting Attorney General 429 00:22:44,720 --> 00:22:48,840 Speaker 1: under our former President Donald Trump. You know, tough conversation, right, 430 00:22:49,000 --> 00:22:52,560 Speaker 1: This is some depressing stuff, but it's happening, so you know, 431 00:22:52,600 --> 00:22:53,919 Speaker 1: we got to talk about it and we have to 432 00:22:53,960 --> 00:22:56,320 Speaker 1: cover it. I appreciate you guys for listening to the 433 00:22:56,359 --> 00:22:59,040 Speaker 1: show every Monday and Thursday, but you can listen throughout 434 00:22:59,040 --> 00:23:00,480 Speaker 1: the week. I want to thank John and cast you On, 435 00:23:00,560 --> 00:23:03,199 Speaker 1: my producer, for putting it together. Please leave us a 436 00:23:03,200 --> 00:23:06,320 Speaker 1: review on Apple podcasts, leave us a rating, a review, 437 00:23:06,480 --> 00:23:08,760 Speaker 1: ways of love reading those until next time. Thanks so 438 00:23:08,840 --> 00:23:09,480 Speaker 1: much for listening.