WEBVTT - Unpacking the Mar-a-Lago Raid 0:00:00.160 --> 0:00:03.000 So first of all, my apologies to you guys. I 0:00:03.160 --> 0:00:07.200 sound a little I'm sick right now, so I apologize. 0:00:07.240 --> 0:00:11.000 You have to deal with a nasally Lisa, but I 0:00:11.039 --> 0:00:13.600 promise you that this interview will still be worth it 0:00:13.680 --> 0:00:17.040 to please keep listening because you've got Mike Davis here. 0:00:17.120 --> 0:00:21.079 He's the former chief council for nominations to Senate Judiciary 0:00:21.160 --> 0:00:24.239 Chairman Chuck grassle. He's also the founder and president of 0:00:24.280 --> 0:00:28.080 the article three project. Basically, what they do is defend 0:00:28.120 --> 0:00:31.960 constitutionalist judges and the rule of law as well. Uh, 0:00:32.000 --> 0:00:33.800 you know, prior to that he's done a bunch of things. 0:00:33.840 --> 0:00:36.040 He's worked for all three branches of the federal government, 0:00:36.040 --> 0:00:39.760 including for President George W Bush, the Justice Department, how 0:00:39.840 --> 0:00:43.840 Speaker New Gingrich, as well as the current Supreme Court 0:00:44.000 --> 0:00:48.240 Justice Neil Gorcich as well. So he's done a bunch 0:00:48.240 --> 0:00:51.040 of different things. He also led the outside support team 0:00:51.080 --> 0:00:55.920 for Justice Corsich as UH, successful confirmation to the Supreme Court. 0:00:56.120 --> 0:00:58.600 So we're going to lean on him to really just 0:00:58.680 --> 0:01:01.360 walk us through what we need to know about this 0:01:01.520 --> 0:01:05.959 FBI raid on trump. Why did they do it? Do 0:01:06.080 --> 0:01:09.600 they have any standing? Where is this going and what 0:01:09.640 --> 0:01:12.959 does it mean more broadly for the country. So we're 0:01:12.959 --> 0:01:15.120 going to get into the big picture as well as 0:01:15.120 --> 0:01:17.280 the nitty gritty, go through the timeline a little bit, 0:01:17.319 --> 0:01:19.920 really dig in, you know, because there's a lot reported. 0:01:19.920 --> 0:01:22.440 How much of it's true? You know, what are we 0:01:22.480 --> 0:01:24.920 being told that our lives? What are we being told 0:01:24.959 --> 0:01:27.840 that's true? So we're gonna get to the bottom of 0:01:27.840 --> 0:01:30.000 it with Mike Davis, and I think he's a pretty 0:01:30.000 --> 0:01:31.480 good guy to get to the bottom of it with. 0:01:31.640 --> 0:01:34.199 So he's got a lot of experience. This is his wheelhouse. 0:01:34.840 --> 0:01:36.280 He's a good guy. If you should follow him on 0:01:36.280 --> 0:01:38.640 twitter as well, he's been tweeting out a bunch of, 0:01:38.720 --> 0:01:40.680 you know, stuff on all of this and his concerns 0:01:41.040 --> 0:01:43.920 over the abuse of power from the Federal Government that 0:01:43.959 --> 0:01:49.520 we've seen. So stay tuned. Mike Davis, all about the FBI. 0:01:49.680 --> 0:01:52.160 Raid what you need to know and what you need 0:01:52.200 --> 0:01:54.720 to know moving forward with to pay attention to Mike Davis. 0:01:54.720 --> 0:02:07.760 Stay tuned, Mike Davis. I really appreciate you coming on. 0:02:08.320 --> 0:02:11.440 You know, obviously there's been a lot of coverage over 0:02:11.480 --> 0:02:13.880 what has happened with the borlog array, but I kind 0:02:13.880 --> 0:02:16.240 of just wanted to get into what's really going on? 0:02:16.480 --> 0:02:18.560 What do people know? Kind of, you know, sort of 0:02:18.600 --> 0:02:21.240 a one oh one on what's happened so far. So 0:02:21.440 --> 0:02:23.840 I appreciate you taking the time to join the show. Yeah, 0:02:23.880 --> 0:02:25.600 thank you for having me on, Lisa, and I'm happy 0:02:25.639 --> 0:02:27.560 to talk. So what is going on here at the 0:02:27.680 --> 0:02:33.320 end of the day, is President Trump declassified his uh 0:02:33.520 --> 0:02:39.880 crossfire hurricane Russian collusion documents through a presidential memorandum on 0:02:40.040 --> 0:02:47.040 January before he left office. The Justice Department, the FBI 0:02:47.919 --> 0:02:53.239 raised alarm bills unnecessarily and said that these declassified documents, 0:02:53.240 --> 0:02:56.959 if they got out publicly, could violate the Privacy Act. 0:02:57.000 --> 0:02:59.560 That was just an excuse to drag their feet. But 0:03:00.000 --> 0:03:03.120 the trump White House, Mark Meadows, the chief of staff, 0:03:03.200 --> 0:03:07.799 issued a memorandum on January saying okay, guys, Do Your 0:03:07.880 --> 0:03:12.800 Privacy Act Review and get out these declassified records quickly 0:03:12.840 --> 0:03:16.520 after that. And of course the Biden Justice Department got 0:03:16.560 --> 0:03:19.240 on board and they never released these documents. And the 0:03:19.280 --> 0:03:22.000 reason they didn't release these documents is because they are 0:03:22.080 --> 0:03:28.600 so damning for Obama, Biden, Hillary, the FBI, the Intel community, 0:03:28.600 --> 0:03:33.360 because they show, according to news reports, that they colluded 0:03:33.639 --> 0:03:37.680 to make up the Russian collusion hoax to try to 0:03:37.720 --> 0:03:40.440 go after President Donald Trump as a candidate in two 0:03:40.520 --> 0:03:44.120 thousand sixteen, and that is an earth shattering revelation. They 0:03:44.160 --> 0:03:48.640 know that they don't want these documents out there and so, uh, 0:03:48.920 --> 0:03:52.440 they had to go get them. And so the Biden President. 0:03:52.480 --> 0:03:57.040 Biden waived executive privilege, something that every president going back 0:03:57.040 --> 0:04:00.360 to George Washingtonis hats. We can have candidate, he can 0:04:00.360 --> 0:04:04.600 have candid discussions, candid, confidential discussions with his top advisors. 0:04:04.760 --> 0:04:09.880 Biden waved trump's claim of executive privilege. The Biden Justice 0:04:09.880 --> 0:04:14.160 Department went to this biased judge, Magistrate Judge Bruce Ryan 0:04:14.200 --> 0:04:18.520 hartdown in West Palm Beach, Florida, and they got this unnecessary, 0:04:18.720 --> 0:04:23.600 unlawful and unprecedented home raide warrants on a former president 0:04:24.040 --> 0:04:28.600 where they set in thirty FBI agents to ransack his home, 0:04:28.760 --> 0:04:32.440 his office, his wife's underwear drawer, is sixteen year old 0:04:32.440 --> 0:04:36.920 son's bedroom and they took eleven thousand documents from Marl 0:04:37.000 --> 0:04:41.880 Lock and these documents included personal records, presidential records, tax records, 0:04:41.880 --> 0:04:45.839 attorney client privileged records, medical records. It was an unlawful 0:04:45.960 --> 0:04:51.040 and constitutional general warrants. And so trump sued under rule 0:04:51.120 --> 0:04:54.240 forty one G of the federal rules of civil procedure 0:04:54.320 --> 0:05:00.520 or criminal procedure to get back these unlawfully rated records Biden. 0:05:00.720 --> 0:05:03.440 And that's where we are with cannon. A president of 0:05:03.480 --> 0:05:06.880 the United States, don't they have ultimate authority over what's 0:05:06.920 --> 0:05:09.839 the classified or not? Yes, so the president of the 0:05:09.920 --> 0:05:14.440 United States, as commander in chief, has the absolute constitutional 0:05:14.480 --> 0:05:19.240 power to declassify anything he wants, for any reason he wants, 0:05:19.240 --> 0:05:21.000 in any manner he wants, and he doesn't have to 0:05:21.040 --> 0:05:24.720 get any bureaucrats permission to do it. And that's confirmed 0:05:24.720 --> 0:05:28.320 by a nine Supreme Court case called Department of the 0:05:28.400 --> 0:05:33.279 Navy versus Ego. So trump absolutely declassified these records through 0:05:33.360 --> 0:05:37.480 his January nineteenth memo and through other measures, including his 0:05:37.520 --> 0:05:41.040 his mere action of taking these records with him. They're declassified. 0:05:41.080 --> 0:05:45.279 But even if they are classified, president trump has the 0:05:45.400 --> 0:05:50.080 absolute statutory power under the Presidential Records Act to take 0:05:50.160 --> 0:05:54.040 and maintain his records when he leaves office. Any record 0:05:54.600 --> 0:05:58.760 received by the president or his White House staff are 0:05:58.800 --> 0:06:03.480 considered Presid sidential records, and that includes classified records from 0:06:03.560 --> 0:06:07.039 various intell agencies. Those are presidential records. And then it 0:06:07.200 --> 0:06:10.360 is up to the president to decide whether those are 0:06:10.400 --> 0:06:13.680 presidential records that go to the archives and get sent 0:06:13.720 --> 0:06:16.920 back to almost certainly get sent back to his library 0:06:17.080 --> 0:06:19.599 as the former president, or if their personal records that 0:06:19.640 --> 0:06:23.520 belong to him. It's his soul determination. According to a 0:06:23.560 --> 0:06:28.800 two thousand twelve case by Obama judge in Tom Fenton 0:06:28.839 --> 0:06:33.120 in judicial watches lawsuit against Bill Clinton over eight years 0:06:33.160 --> 0:06:38.080 of highly classy classified audio tapes of his presidency that 0:06:38.160 --> 0:06:41.080 he had in his sock drawer. So not only does 0:06:41.400 --> 0:06:45.240 trump have the constitutional power to declassify, he has the 0:06:45.279 --> 0:06:48.919 statutory power to declassify and he has the statutory power 0:06:49.000 --> 0:06:52.640 under the Presidential Records Act to take and keep his records. 0:06:52.720 --> 0:06:56.560 This is again an unlawful home rate. And the reason 0:06:56.960 --> 0:06:59.960 that they're doing this is because of these crossfire hurricane, 0:07:00.000 --> 0:07:02.240 because they're not going to say that. They've leaked that 0:07:02.279 --> 0:07:06.280 in media leaks, including to Newsweek early on. But that's 0:07:06.320 --> 0:07:09.479 the reason they're doing this. This is another, another hoax, 0:07:09.800 --> 0:07:13.280 another charade to get trump. Well and according to the law, 0:07:13.440 --> 0:07:17.120 if a president was to declassified documents, are there certain 0:07:17.160 --> 0:07:19.520 steps that he has to take, or can he basically 0:07:19.600 --> 0:07:23.840 just say, you know, these are declassified. He absolutely does 0:07:23.920 --> 0:07:26.480 not have to follow the espionage act or any other 0:07:26.520 --> 0:07:29.720 statue that applies to everyone else on the planet. He 0:07:29.880 --> 0:07:34.240 is the classifier. He has the inherent constitutional power as 0:07:34.240 --> 0:07:36.440 the commander in chief. He doesn't have to get anyone's 0:07:36.480 --> 0:07:41.640 permission to this. These classified statutes, the Espionage Act, the 0:07:41.720 --> 0:07:46.320 classified Information Protecting Protection Act, government property statutes, those apply 0:07:46.480 --> 0:07:50.600 to everyone else except for the president. The two governing 0:07:51.120 --> 0:07:54.400 legal regimes that apply to the president is the commander 0:07:54.480 --> 0:07:58.520 in chief clause that he has this inherent power, along 0:07:58.520 --> 0:08:02.120 with the Presidential Records Act. Remember, there are two sets 0:08:02.120 --> 0:08:05.920 of government records. There are presidential records that that fall 0:08:06.000 --> 0:08:08.840 under the presidential records act or there are federal records 0:08:08.840 --> 0:08:11.880 that fall under the Federal Records Act. And all White 0:08:11.920 --> 0:08:15.000 House records, whether they're they're whether they're written at the 0:08:15.000 --> 0:08:18.440 White House or received by the White House, are presidential 0:08:18.800 --> 0:08:23.320 records and they are treated. They are treated completely differently 0:08:23.400 --> 0:08:28.800 from federal records. Remember, before eight when Congress passed the 0:08:28.840 --> 0:08:33.120 presidential records act and made applicable to every president, starting 0:08:33.120 --> 0:08:37.199 with whoever one in nineteen eighty, presidential records were personal 0:08:37.280 --> 0:08:39.920 property of the president. He got to take his person 0:08:40.080 --> 0:08:43.600 these records, as his own Congress changed that. Where they 0:08:43.800 --> 0:08:47.439 they become presidential records, belong to the governments, but it's 0:08:47.520 --> 0:08:50.600 up to the president to decide whether they're personal records 0:08:50.640 --> 0:08:52.800 that belong to him are presidential records that go to 0:08:52.840 --> 0:08:56.280 the governments, and he gets unfettered access. He and his 0:08:56.360 --> 0:09:01.959 designated designates get unfettered access by statute to his records, 0:09:01.960 --> 0:09:05.160 and it doesn't matter whether they're classified or not. So 0:09:05.200 --> 0:09:08.120 that how can they claim that he was in possession 0:09:08.160 --> 0:09:11.760 of classified documents if he previously, as the president, was 0:09:11.800 --> 0:09:14.920 the ultimate to classifier? They can't. And then, and not 0:09:15.080 --> 0:09:18.199 only that, but even if they are classified, he still 0:09:18.280 --> 0:09:21.160 has the right to have them under the Presidential Records Act. 0:09:21.480 --> 0:09:27.360 Remember Attorney General Merritt Garland deliberated, he leaked for weeks 0:09:27.400 --> 0:09:32.319 before he ordered this unnecessary, unprecedented and unlawful home raid 0:09:32.679 --> 0:09:35.880 on a former president who also who also happens to 0:09:35.880 --> 0:09:39.520 be garland's boss's chief political enemy. If he had weeks 0:09:39.520 --> 0:09:43.000 to deliberate, why didn't he walk down the hallway to 0:09:43.120 --> 0:09:46.440 the office of Legal Counsel, or Ol C at the 0:09:46.520 --> 0:09:49.679 Justice Department to get a legal opinion on this? And 0:09:49.720 --> 0:09:52.680 the reason almost certainly is. Is that garland would not 0:09:52.840 --> 0:09:55.360 have liked the answer that o else gave him, because 0:09:55.400 --> 0:09:59.000 they always protect the presidency and that's what they should 0:09:59.000 --> 0:10:01.280 have done here. But that got in their way of 0:10:01.320 --> 0:10:04.720 going to raid president trump to get back these politically 0:10:05.120 --> 0:10:08.600 damaging documents. Think about it this way, Lisa. They Biden 0:10:08.640 --> 0:10:13.160 waited eighteen months to go get these records. Garland said 0:10:13.200 --> 0:10:16.760 he deliberated for weeks before he authorized the home raid, 0:10:17.080 --> 0:10:19.240 even after they got this home raide warrant from this 0:10:19.400 --> 0:10:25.040 biased magistrate judge who just recused on June two because 0:10:25.080 --> 0:10:29.360 of a two thousand seventeen facebook coast post bashing president trump. 0:10:29.400 --> 0:10:33.320 He recused in trump's civil lawsuit versus hilary on Russian collusion. 0:10:33.720 --> 0:10:38.640 Somehow this magistrate Judge's bias magically went away and he, Garland, 0:10:38.640 --> 0:10:41.240 went to this magistrate judge, Judge Shops I would argue, 0:10:41.320 --> 0:10:44.440 and got this home raid warrants. Why did they do this? 0:10:44.600 --> 0:10:47.559 What was the necessity? Why did they wait eighteen months 0:10:47.559 --> 0:10:50.719 if it was so dangerous to have these documents and 0:10:50.800 --> 0:10:53.959 trump's hands? Why did they not leak for eighteen months? 0:10:54.000 --> 0:10:56.880 Why did they only start leaking after the Biden Justice 0:10:56.920 --> 0:10:59.600 Department took them from trump. I mean, I think that 0:10:59.640 --> 0:11:01.440 this is o bis. I'm just trying to get the 0:11:01.480 --> 0:11:04.200 fuller picture about what they're alleging and you know and 0:11:04.240 --> 0:11:07.000 all of that. And what's strange too, is that the 0:11:07.080 --> 0:11:09.640 trump team had been I was looking through the timeline 0:11:09.679 --> 0:11:11.760 of all this, or at least what is being public 0:11:11.840 --> 0:11:14.240 or reported, and the trump team was working with them. 0:11:14.280 --> 0:11:18.079 I mean in January two they turned over fifteen boxes 0:11:18.600 --> 0:11:22.400 of documents. Yet a month later the National Archives and 0:11:22.480 --> 0:11:25.640 record administration went to the D O J asking for help, 0:11:25.720 --> 0:11:28.240 despite the fact that just a month earlier there were 0:11:28.280 --> 0:11:31.520 these fifteen boxes that were turned over. I don't understand 0:11:31.520 --> 0:11:33.839 how they can allege that the trump team was not 0:11:33.960 --> 0:11:37.800 working with them when they had clearly handed over the documents, 0:11:37.800 --> 0:11:40.920 and not only that, but they had corresponded with the 0:11:40.960 --> 0:11:44.040 FBI and met with them prior to the raid. And 0:11:44.080 --> 0:11:48.080 here's the bigger, bigger problem, Lisa, is the presidential records 0:11:48.160 --> 0:11:50.720 act does not have a criminal component to it. The 0:11:50.720 --> 0:11:54.480 Federal Records Act does, the President Presidential Records Act does not, 0:11:54.840 --> 0:11:58.000 and so there is a natural give and take between 0:11:58.720 --> 0:12:03.000 the president, who's thanks every presidential record is his, and 0:12:03.040 --> 0:12:06.080 the bureaucrats, the librarians that the national archives, who think 0:12:06.120 --> 0:12:09.040 every time a president sneezes into a Kleenex that's a 0:12:09.080 --> 0:12:12.120 presidential record that belongs to them. There is a natural 0:12:12.360 --> 0:12:14.960 give and tank. We talked about the Clinton software case. Right, 0:12:15.520 --> 0:12:18.920 Clinton one in that case, because presidents always went under 0:12:18.920 --> 0:12:22.000 the presidential records act. It's their sole determination. But what 0:12:22.520 --> 0:12:26.640 the bureaucrats at the National Archives should have done is 0:12:26.679 --> 0:12:29.680 they should have notified concress or they could have filed 0:12:29.720 --> 0:12:32.800 a civil lawsuit if they thought that there was a 0:12:32.920 --> 0:12:35.720 violation of the Presidential Records Act. They should not have 0:12:35.840 --> 0:12:40.040 gone to the Biden Justice Department and got an unnecessary, unlawful, 0:12:40.120 --> 0:12:46.160 unprecedented homerade on a former president based upon focus predicate crimes. 0:12:46.200 --> 0:12:50.280 It is not legally possible for president trump to have 0:12:50.440 --> 0:12:55.600 violated the espionage act, the Federal Records Act or obstruction 0:12:55.640 --> 0:12:59.800 of justice related to president trump's handling or taking of 0:13:00.000 --> 0:13:03.359 residential records. It's not. It's not possible. Aren't these disputes 0:13:03.480 --> 0:13:08.320 with the National Archives Pretty Standard for former presidents? Yes, they're, 0:13:08.360 --> 0:13:12.280 they're routine. There's a routine give and take between the bureaucrats, 0:13:12.320 --> 0:13:16.880 the librarians at the archives and former presidents. Again, President 0:13:16.920 --> 0:13:21.360 Clinton had eight years of highly classified tapes of his presidency, 0:13:21.480 --> 0:13:25.080 including his discussions with foreign leaders, which would be the 0:13:25.080 --> 0:13:29.320 most classified secrets imaginable. Clinton had these in his sock 0:13:29.400 --> 0:13:32.079 drawer in the the Obama Judge in two thousand twelve 0:13:32.200 --> 0:13:36.000 said that's fine. President Clinton declared that these are personal 0:13:36.160 --> 0:13:42.560 end of story. Quick Break War with Mike Davis. And 0:13:42.559 --> 0:13:45.360 so right now you've got the Federal District Judge Eileen 0:13:45.440 --> 0:13:50.880 Cannon has appointed a special master, senior Ram, senior judge 0:13:51.080 --> 0:13:56.440 Raymond deary. He has a deadline of November. You know, 0:13:57.000 --> 0:13:59.400 kind of go through the Tiktok of what's going on 0:13:59.600 --> 0:14:01.920 right now with that. I know there's a dispute over, 0:14:03.040 --> 0:14:06.160 you know, the trump team criticizing the department of Justice. 0:14:06.160 --> 0:14:10.080 They're trying to shield classified documents from this special master's review. 0:14:10.480 --> 0:14:12.679 Kind of go through where that is right now and 0:14:13.040 --> 0:14:17.040 kind of what you're anticipating to transpire from this review 0:14:17.040 --> 0:14:20.440 of the documents by this special master. So actually the 0:14:20.600 --> 0:14:24.040 classified documents, that means the documents that are marked classified. 0:14:24.080 --> 0:14:28.320 That is actually a red herring argument. The classification marking 0:14:28.480 --> 0:14:32.240 is not even relevant. Again, Judge Cannon laid this out 0:14:32.360 --> 0:14:36.000 clearly in the special master's order. What happened is is they, 0:14:36.360 --> 0:14:41.440 the Biden Justice Department, illegally obtained eleven thousand records from 0:14:41.440 --> 0:14:46.040 President Trump, from a biased magistrate judge issuing this unprecedented, 0:14:46.320 --> 0:14:50.680 unnecessary and lawful warrants. What judge cannon is simply asking 0:14:51.320 --> 0:14:54.560 the special master to do and the Biden Justice Department 0:14:54.600 --> 0:14:58.080 to do is pause, take up breath. Let's get our 0:14:58.200 --> 0:15:01.320 arms wrapped around these eleven, eleven thousand documents and let's 0:15:01.360 --> 0:15:06.040 put them into four buckets. The first bucket or personal 0:15:06.120 --> 0:15:09.560 records that are not privileged, right personal records that are 0:15:09.560 --> 0:15:12.520 not attorney client privileged, or medical records or tax records. 0:15:12.560 --> 0:15:16.960 The second bucket are personal records that are privileged, attorney 0:15:16.960 --> 0:15:20.880 client privileged, medical records, tax records, maybe other spousal communications 0:15:21.120 --> 0:15:25.080 would be privileged. The third bucket are presidential records that 0:15:25.160 --> 0:15:28.720 are not privileged, meeting not subject to claims of executive privilege. 0:15:29.200 --> 0:15:32.600 Those could include classified records or non classified records. In 0:15:32.600 --> 0:15:37.720 the fourth bucket are presidential records that's are that are 0:15:37.720 --> 0:15:40.080 that that are privileged and that included that could include 0:15:40.240 --> 0:15:44.080 executive privilege, either classified or non classified. It doesn't matter 0:15:44.160 --> 0:15:47.800 whether they're classified. The issue is what bucket they go into, 0:15:47.920 --> 0:15:51.800 personal or presidential, privileged or not privileged. That's all judge 0:15:51.840 --> 0:15:54.600 cannon cares about and that's all she should care about 0:15:54.880 --> 0:15:58.040 under the Presidential Records Act. And then once they put 0:15:58.080 --> 0:16:01.600 those eleven thousand document it's, into those four buckets, then 0:16:01.680 --> 0:16:04.760 judge cannon can figure out where the disputes are. If 0:16:04.800 --> 0:16:06.960 if the government says no, this should be a presidential 0:16:06.960 --> 0:16:09.560 record and trump says no, it should be a personal record, 0:16:10.000 --> 0:16:11.920 this should be a privileged record. No, this should not 0:16:11.920 --> 0:16:14.280 be a privileged record. That's what the special master is 0:16:14.320 --> 0:16:17.600 supposed to do. It does not matter whether they're classified 0:16:17.680 --> 0:16:20.960 or not. The only thing that judge cannon ordered the 0:16:21.040 --> 0:16:23.600 special master to do was review the class of the 0:16:23.880 --> 0:16:28.160 documents marked classified first. So that takes away the Biden 0:16:28.200 --> 0:16:32.360 Justice Department's argument that by waiting too long it inhibits 0:16:32.400 --> 0:16:35.880 their criminal probe of trump. So candid says, okay, you 0:16:35.920 --> 0:16:39.280 can still do your national security assessments, but you just 0:16:39.360 --> 0:16:41.720 have to pause on the criminal probe until we sort 0:16:41.760 --> 0:16:45.120 through these hundred classified documents, which we're going to do first, 0:16:45.400 --> 0:16:47.560 and then you can go forward with that. But remember 0:16:48.200 --> 0:16:51.800 trump almost certainly does not have the only or the 0:16:51.840 --> 0:16:56.880 original copy of these records marked classified. They came presumably 0:16:56.960 --> 0:16:59.520 from an Intel Agency, the CIA, the D N I, 0:17:00.440 --> 0:17:02.880 one of the Department of Defense Agencies, the states department. 0:17:02.960 --> 0:17:05.720 So they would be classified there, they would have a 0:17:05.760 --> 0:17:07.840 class that they would have the copy there. So it's 0:17:07.840 --> 0:17:11.240 not like trump has the only copy. He has a copy. 0:17:11.359 --> 0:17:13.760 Isn't the whole point of the fourth amendment to protect 0:17:13.760 --> 0:17:16.960 people from search warrant that they used against trump and 0:17:17.080 --> 0:17:20.720 this overly broad fishing expedition that included just boxes next 0:17:20.760 --> 0:17:23.160 to the documents that they were trying to find? APPS 0:17:23.240 --> 0:17:25.560 if you go into anyone's home and you come out 0:17:25.600 --> 0:17:29.359 with eleven thousand documents, that is a pretty good sign 0:17:29.480 --> 0:17:34.000 that that is an unconstitutional, illegal general warrants. Under the 0:17:34.040 --> 0:17:38.280 fourth amendments, the warrants have to be limited in time 0:17:38.640 --> 0:17:41.800 and place and manner and scope. When you go in 0:17:41.920 --> 0:17:44.359 and get eleven thousand documents, you have got you have 0:17:44.440 --> 0:17:47.199 almost certainly not done any of those things. This is 0:17:47.320 --> 0:17:52.000 clearly an unconstitutional, illegal home rate on the face of 0:17:52.040 --> 0:17:57.320 the warrants, and it's even more illegal because a biased judge, 0:17:57.440 --> 0:18:00.680 a biased judge under the US code and the judicial 0:18:00.760 --> 0:18:03.639 canons signed off on this warrant when he should not have. 0:18:03.920 --> 0:18:07.199 What do you think legally happens then? I mean, you know, 0:18:07.440 --> 0:18:10.919 what's sort of the sequencing of the next few steps 0:18:10.920 --> 0:18:13.600 with this? What should we be looking out for? What 0:18:13.680 --> 0:18:16.680 I think will happen? What should happen is they're gonna 0:18:16.760 --> 0:18:20.240 put these documents into the four buckets and then trump's 0:18:20.280 --> 0:18:24.439 gonna say that these are all personal records, I've declassified them, 0:18:24.480 --> 0:18:27.120 they're all personal records that belong to me. Give all 0:18:27.200 --> 0:18:31.520 eleven thousand back. or He could say that looks these 0:18:31.520 --> 0:18:34.520 are the personal records. Here the presidential records, but under 0:18:34.520 --> 0:18:38.720 the Presidential Records Act I have unfettered access, and so 0:18:38.800 --> 0:18:42.280 do my designees under the Presidential Records Act, to all 0:18:42.359 --> 0:18:45.879 of these presidential records, regardless of how they're marked, classified 0:18:45.960 --> 0:18:50.000 or non classified. He trump should absolutely get back eleven 0:18:50.040 --> 0:18:52.400 thousand documents after this is over. Do you think he's 0:18:52.440 --> 0:18:56.560 facing any legal liability or he shouldn't be facing any 0:18:56.640 --> 0:19:00.160 legal liability? If they actually followed the law, he could 0:19:00.440 --> 0:19:04.240 the Biden Justice Department could try to indict him for 0:19:04.240 --> 0:19:07.000 for for these nine crimes. I think that you could 0:19:07.080 --> 0:19:11.359 get some uh. You know, D C is nine Democrat 0:19:11.800 --> 0:19:14.920 and the five percent of Republicans are trump deranged rhinos. 0:19:14.920 --> 0:19:17.600 So there's a very good chance that if you went 0:19:17.640 --> 0:19:21.320 to a D C uh jury, that the jury is 0:19:21.359 --> 0:19:24.159 going to fight him guilty and that the D C 0:19:24.359 --> 0:19:26.719 unit party judge would convict. There's a good chance that 0:19:26.720 --> 0:19:28.800 they would go to the D C circuit and they 0:19:28.800 --> 0:19:31.280 would have formed that convention conviction. But there's, I think, 0:19:31.320 --> 0:19:36.200 no chance that the Supreme Court, including even Democratic Point 0:19:36.200 --> 0:19:39.600 at justice is like Justice Kegan, would allow this conviction 0:19:39.640 --> 0:19:43.240 to stand because this is so much bigger than Donald Trump. 0:19:43.280 --> 0:19:46.440 This is about the presidency and the separation of powers 0:19:46.840 --> 0:19:49.640 and this president would destroy the presidency. So how long 0:19:49.640 --> 0:19:53.280 would that process take from where we are now? Obviously 0:19:53.359 --> 0:19:57.040 the review that's transpiring transpiring currently and that if it 0:19:57.119 --> 0:19:59.439 was to go to the Supreme Court, I bet that 0:19:59.560 --> 0:20:02.119 is what they betting at. Taking this in D C, 0:20:02.920 --> 0:20:06.880 indicting him with biased, you know, judge and all of that. 0:20:07.000 --> 0:20:09.919 So how long would this process take between now and 0:20:10.119 --> 0:20:13.080 potentially reaching the Supreme Court? I would think that the 0:20:13.119 --> 0:20:17.000 Supreme Court would hear this quickly, considering that president trump 0:20:18.080 --> 0:20:21.840 is a likely presidential candidates so they can't let this 0:20:22.400 --> 0:20:24.159 hang out there. So I think they would make it 0:20:24.160 --> 0:20:28.400 a very high priority, and they should right, and so 0:20:28.440 --> 0:20:33.080 they would. They would. They would probably order expeditious review 0:20:33.160 --> 0:20:36.000 by the D C circuit and then review that case 0:20:36.040 --> 0:20:39.560 depending on how the D C circuit rules. Now. Did 0:20:39.600 --> 0:20:43.640 the fact that the FBI decided not to investigate Hillary Clinton? 0:20:44.000 --> 0:20:46.800 Does that set any sort of precedent for trump's team 0:20:46.880 --> 0:20:49.199 to turn to, even though she did not have ultimate 0:20:49.240 --> 0:20:52.440 authority like President Trump did? Well, and Actually Hillary Clinton's 0:20:52.480 --> 0:20:57.040 case is much, much worse, much much worse. Actually, president 0:20:57.040 --> 0:21:00.919 trump violated no lass. Hillary Clinton was the president and 0:21:01.000 --> 0:21:04.159 she'll never be the president. So therefore she doesn't have 0:21:04.240 --> 0:21:08.240 the inherent constitutional power as commander in chief to declassify 0:21:08.280 --> 0:21:11.439 anything she wants. She doesn't have the power under the 0:21:11.440 --> 0:21:14.959 presidential records act to take presidential records because she's not 0:21:15.000 --> 0:21:19.400 the president. So the Espionage Act, the classified Information Protection Act, 0:21:19.480 --> 0:21:21.800 all the other acts applied to her, as does the 0:21:22.040 --> 0:21:25.280 as does the Federal Records Act. And remember when Hillary 0:21:25.320 --> 0:21:29.160 Clinton had her illegal home server with our most classified 0:21:29.200 --> 0:21:32.400 secrets as the secretary of State, it was hacked by 0:21:32.480 --> 0:21:36.080 our enemies. They they hatched this server right and then 0:21:36.200 --> 0:21:39.959 when she was caught, she blitch bleach Bidd it the 0:21:40.000 --> 0:21:42.720 server and took a hammer to the cell phones. Right. 0:21:42.800 --> 0:21:50.160 So clear unquestionable espionage act violation, clear unquestionable destruction, theft 0:21:50.160 --> 0:21:53.760 of government property, clear obstruction of justice, and not a 0:21:53.840 --> 0:21:56.879 damn thing happens to her because she's Hillary Clinton. And 0:21:56.920 --> 0:22:00.240 we have two systems of justice in America right, one 0:22:00.320 --> 0:22:03.639 for the ruling UNIPARTY and one for everyone else. How 0:22:03.680 --> 0:22:06.240 do you get back to a place where people regain 0:22:06.320 --> 0:22:08.919 trust in the rule of law in America? Well, I 0:22:08.960 --> 0:22:12.400 think that there needs to be a complete house cleaning 0:22:12.760 --> 0:22:18.280 of the leadership of the FBI, along with the leadership 0:22:18.320 --> 0:22:21.640 of main justice. And instead of having an FBI where 0:22:21.640 --> 0:22:26.040 there's only one politically appointed director who's appointed for a 0:22:26.119 --> 0:22:29.080 ten year up to a tenure term, they need to 0:22:29.160 --> 0:22:32.760 have a the top, at least the top three layers 0:22:33.240 --> 0:22:37.119 of the FBI need to be presidentially appointed and Senate confirmed, 0:22:37.680 --> 0:22:40.439 and so they're accountable to the president and they're accountable 0:22:40.520 --> 0:22:43.159 to the to the Senate and to the House for 0:22:43.359 --> 0:22:47.080 real oversight and accountability, because what happens now is when 0:22:47.080 --> 0:22:51.160 Democrats are in charge, they put in left wing FBI 0:22:51.280 --> 0:22:54.160 directors to run the show like coming and then when 0:22:54.200 --> 0:22:57.440 Republicans are in charge we get cowed into putting week 0:22:58.359 --> 0:23:01.639 week Uniparty FBI actors like Chris Ray, and then the 0:23:01.720 --> 0:23:04.960 FBI runs Chris Ray instead of ray running the FBI. 0:23:05.119 --> 0:23:09.000 So we need to have serious reforms. If Republicans take 0:23:09.040 --> 0:23:11.639 back the Senate, which is looking more likely, my former 0:23:11.720 --> 0:23:15.879 boss Chuck Grassley will become the Senate Judiciary Committee chairman again. 0:23:16.320 --> 0:23:19.440 There's No one who does better oversight than Chuck Grassley. 0:23:19.440 --> 0:23:22.080 He's been doing it for decades and he's been onto 0:23:22.119 --> 0:23:25.520 the FBI's games for decades. If Republicans take back the 0:23:25.560 --> 0:23:29.119 House and the Senate, there will be serious structural reforms 0:23:29.119 --> 0:23:31.639 to the FBI into main justice, and that's exactly what 0:23:31.680 --> 0:23:33.800 needs to happen. This is not an attack on the 0:23:33.880 --> 0:23:36.000 rank and file members of the FBI. There's are those 0:23:36.000 --> 0:23:38.600 are good men and women at the fifty six field 0:23:38.600 --> 0:23:41.159 office around the country. This is about the rotten to 0:23:41.200 --> 0:23:44.840 the core political leadership at at the main justice and 0:23:44.920 --> 0:23:47.720 at the FBI headquarters in DC. What do you think 0:23:47.720 --> 0:23:50.840 should happen to the I mean should we abolish the FBI? 0:23:51.000 --> 0:23:53.760 Is the FBI, you know, beyond repair at this point. 0:23:54.080 --> 0:23:55.960 I don't need to think it needs to be abolished 0:23:55.960 --> 0:23:59.800 because they do important work, but the whole national security 0:24:00.200 --> 0:24:04.000 counter espionage apparatus needs to be ripped apart and rebuilt 0:24:04.200 --> 0:24:06.879 and make sure that there are key plays, there are 0:24:07.000 --> 0:24:10.080