1 00:00:03,120 --> 00:00:07,960 Speaker 1: This is Bloomberg Law with June Brusso from Bloomberg Radio. 2 00:00:09,600 --> 00:00:13,640 Speaker 1: Earlier this afternoon, Donald Trump was arraigned on a New 3 00:00:13,680 --> 00:00:17,520 Speaker 1: York Supreme Court indictment returned by a Manhattan grand jury 4 00:00:18,280 --> 00:00:22,599 Speaker 1: on thirty four felony counts of falsifying business records in 5 00:00:22,640 --> 00:00:27,160 Speaker 1: the first degree. Donald Trump, the first former US president 6 00:00:27,200 --> 00:00:31,000 Speaker 1: to be indicted, pleaded not guilty to thirty four criminal 7 00:00:31,120 --> 00:00:34,840 Speaker 1: counts in the Manhattan District Attorney's case against him, amid 8 00:00:34,960 --> 00:00:39,560 Speaker 1: an intense national debate over the prosecution. At a press conference, 9 00:00:39,640 --> 00:00:43,040 Speaker 1: Manhattan DA Alvin Bragg said the office has brought these 10 00:00:43,120 --> 00:00:48,800 Speaker 1: kinds of cases before. Thirty four false statements made to 11 00:00:48,840 --> 00:00:52,960 Speaker 1: cover up other crimes. These are felony crimes in New 12 00:00:53,040 --> 00:00:58,200 Speaker 1: York State. No matter who you are, we cannot and 13 00:00:58,360 --> 00:01:03,760 Speaker 1: will not normal serious criminal conducts. The thirty four counts 14 00:01:03,760 --> 00:01:07,680 Speaker 1: are ordinarily misdemeanors under New York law, but are charged 15 00:01:07,720 --> 00:01:11,080 Speaker 1: as felonies in the case because they were allegedly committed 16 00:01:11,080 --> 00:01:14,600 Speaker 1: in the service of another crime, in this case, promoting 17 00:01:14,640 --> 00:01:19,880 Speaker 1: Trump's candidacy by unlawful means. The indictment stems from Bragg's 18 00:01:19,920 --> 00:01:22,840 Speaker 1: probe of hush money payments made just before the twenty 19 00:01:22,920 --> 00:01:26,600 Speaker 1: sixteen election to cover up an alleged decade old affair. 20 00:01:27,160 --> 00:01:31,240 Speaker 1: Trump denies the affair and any illegal acts. My guest 21 00:01:31,360 --> 00:01:35,560 Speaker 1: is former prosecutor Joshua Castenberg, a professor at the University 22 00:01:35,560 --> 00:01:38,280 Speaker 1: of New Mexico Law School. So tell us about the 23 00:01:38,319 --> 00:01:42,039 Speaker 1: Manhattan District Attorney's case against Trump. So it's thirty four 24 00:01:42,200 --> 00:01:46,240 Speaker 1: charges of their bones information that doesn't give the general 25 00:01:46,319 --> 00:01:49,880 Speaker 1: public a full outline of who the hush money went 26 00:01:49,920 --> 00:01:53,600 Speaker 1: to and what the defined purpose was. But you can 27 00:01:53,680 --> 00:01:57,559 Speaker 1: drill down and understand that the hush money was paid 28 00:01:57,600 --> 00:02:01,000 Speaker 1: as an expense other than what it was and reported 29 00:02:01,040 --> 00:02:03,320 Speaker 1: for matters other than what it was stated for, and 30 00:02:03,360 --> 00:02:06,240 Speaker 1: it was done to affect the election, and under New 31 00:02:06,320 --> 00:02:09,120 Speaker 1: York law, that makes it a felony. What did you 32 00:02:09,160 --> 00:02:13,080 Speaker 1: think about the way Alvin Bragg tried to address I 33 00:02:13,120 --> 00:02:16,760 Speaker 1: think his critics who'd been saying that this was, you know, 34 00:02:16,840 --> 00:02:19,080 Speaker 1: much ado about nothing, he said that this is a 35 00:02:19,120 --> 00:02:22,639 Speaker 1: lie time and time again, and then a cover up. Right. 36 00:02:22,840 --> 00:02:25,200 Speaker 1: I mean, I think he made the case as to 37 00:02:25,320 --> 00:02:28,639 Speaker 1: why he brought these charges, and that these charges were 38 00:02:28,680 --> 00:02:32,959 Speaker 1: brought not as a personal vendetta, but rather because there 39 00:02:33,000 --> 00:02:35,960 Speaker 1: was evidence of a crime. What he didn't say, and 40 00:02:36,080 --> 00:02:40,480 Speaker 1: he perhaps was wise not to add, is that, you know, 41 00:02:40,600 --> 00:02:43,920 Speaker 1: for the six years that have preceded the four years 42 00:02:43,919 --> 00:02:48,600 Speaker 1: of the presidency, the election before the presidency, there wasn't 43 00:02:48,720 --> 00:02:51,960 Speaker 1: inkling that Trump didn't do things by the books, by 44 00:02:52,000 --> 00:02:54,400 Speaker 1: the rules, and there was sort of the thumb in 45 00:02:54,480 --> 00:02:58,000 Speaker 1: the eye sort of mentality that would go on, and 46 00:02:58,080 --> 00:03:01,600 Speaker 1: that this isn't a case of the FBI or New 47 00:03:01,639 --> 00:03:06,320 Speaker 1: York investigators targeting an individual who's unknown to the public, 48 00:03:06,400 --> 00:03:10,760 Speaker 1: but rather investigating the finances of someone who has kind 49 00:03:10,800 --> 00:03:15,120 Speaker 1: of fallen under scrutiny before. So do you think that 50 00:03:15,200 --> 00:03:19,000 Speaker 1: he hasn't been answered his critics enough when he said that, 51 00:03:19,320 --> 00:03:22,639 Speaker 1: you know, we investigated, and then I bring cases when 52 00:03:22,639 --> 00:03:25,200 Speaker 1: they're ready to be brought. No, I think he did 53 00:03:25,240 --> 00:03:27,440 Speaker 1: exactly what he needed to do, because if he said 54 00:03:27,440 --> 00:03:30,400 Speaker 1: what I said or made that suggestion, he would go 55 00:03:30,440 --> 00:03:34,400 Speaker 1: a step too far and violate prosecutorial ethics. So he 56 00:03:34,520 --> 00:03:37,760 Speaker 1: made the case. I didn't make this clear enough. He 57 00:03:37,840 --> 00:03:40,400 Speaker 1: made the case as far as he would be permitted 58 00:03:40,440 --> 00:03:45,080 Speaker 1: to under prosecutorial ethics without crossing any lines. But that's 59 00:03:45,120 --> 00:03:47,120 Speaker 1: the best he could do. So in that regard. I 60 00:03:47,160 --> 00:03:50,040 Speaker 1: think he did a very effective press confidence And also 61 00:03:50,200 --> 00:03:53,840 Speaker 1: what about his trying to talk about New York the 62 00:03:53,880 --> 00:03:56,960 Speaker 1: importance of business records and how this is just another 63 00:03:57,000 --> 00:04:00,040 Speaker 1: one of hundreds of cases that we've brought like this, 64 00:04:00,160 --> 00:04:03,880 Speaker 1: his white collar crime. Yeah, look, he has the ability 65 00:04:03,960 --> 00:04:06,520 Speaker 1: to say that this is not the first or the 66 00:04:06,640 --> 00:04:10,520 Speaker 1: hundreds or the thousandth white collar crime that New York 67 00:04:10,520 --> 00:04:13,880 Speaker 1: criminal courts will try over the course of the next year, 68 00:04:14,040 --> 00:04:16,520 Speaker 1: or have tried in the prior year or two. That's 69 00:04:16,600 --> 00:04:20,320 Speaker 1: absolutely right. This case is unique because of the defendant 70 00:04:20,360 --> 00:04:23,080 Speaker 1: who's going to be on trial for it, but not 71 00:04:23,160 --> 00:04:27,320 Speaker 1: because of the charges. Explain what happens next, Well, what 72 00:04:27,440 --> 00:04:30,040 Speaker 1: happens next is there'll be a process known as a 73 00:04:30,160 --> 00:04:34,680 Speaker 1: discovery process, and that's a constitutional process under both the 74 00:04:34,800 --> 00:04:39,360 Speaker 1: US and the New York Constitution that require the prosecution 75 00:04:39,440 --> 00:04:44,000 Speaker 1: to provide all evidence in their possession that they intend 76 00:04:44,040 --> 00:04:48,400 Speaker 1: to use at the trial, and also all known exculpatory 77 00:04:48,520 --> 00:04:51,800 Speaker 1: evidence that they may have obtained. So it's not enough 78 00:04:51,839 --> 00:04:55,479 Speaker 1: to just give to the defense, Hey, herow witnesses, and 79 00:04:55,920 --> 00:04:59,279 Speaker 1: here's documentary evidence that we're going to bring to trial. 80 00:04:59,400 --> 00:05:02,640 Speaker 1: The prosecute also has an obligation through that process to 81 00:05:02,680 --> 00:05:05,720 Speaker 1: give evidence that would tend to negate the guilt or 82 00:05:05,839 --> 00:05:08,360 Speaker 1: prove the innocence, if you want to put it another way, 83 00:05:08,720 --> 00:05:12,040 Speaker 1: of mister Trump or any other defendant. That process takes 84 00:05:12,080 --> 00:05:14,480 Speaker 1: a while, and then they'll be all sorts of pre 85 00:05:14,600 --> 00:05:19,000 Speaker 1: trial hearings, including motions raised by the defense to dismiss 86 00:05:19,040 --> 00:05:23,800 Speaker 1: the charges, probably change venue. That'll probably be one. And 87 00:05:23,920 --> 00:05:27,600 Speaker 1: also you may see emotion for a gag order or 88 00:05:27,640 --> 00:05:30,560 Speaker 1: some other type of speech restriction raised in the future 89 00:05:30,600 --> 00:05:34,320 Speaker 1: as well, if there's another true social type picture with 90 00:05:34,440 --> 00:05:38,599 Speaker 1: the former president, the baseball bat and the like. These 91 00:05:38,800 --> 00:05:41,520 Speaker 1: allegations have been out there for a long time and 92 00:05:41,560 --> 00:05:44,039 Speaker 1: we've heard most of them. Do you think that the 93 00:05:44,120 --> 00:05:47,599 Speaker 1: defense has to do really any kind of investigative work 94 00:05:47,960 --> 00:05:52,279 Speaker 1: beyond what they already know? Oh? Probably so. Mister Trump 95 00:05:52,279 --> 00:05:54,640 Speaker 1: has hard working defense counsel, and they're not going to 96 00:05:54,720 --> 00:05:58,039 Speaker 1: just rely on the information and data that's given to 97 00:05:58,080 --> 00:06:00,760 Speaker 1: them that by mister Bragg. They're going to conduct their 98 00:06:00,800 --> 00:06:06,080 Speaker 1: own investigations, and they're probably want to investigate matters that 99 00:06:06,160 --> 00:06:09,400 Speaker 1: their own client tells them, you know, matters that you 100 00:06:09,520 --> 00:06:12,919 Speaker 1: would tend to undermine the integrity of the witnesses called 101 00:06:12,960 --> 00:06:16,599 Speaker 1: by the prosecution, so they will investigate. How long it takes, 102 00:06:16,720 --> 00:06:20,080 Speaker 1: I can't speculate. Do you think that they'll be able 103 00:06:20,120 --> 00:06:25,039 Speaker 1: to get it dismissed as a novel kind of legal argument, No, 104 00:06:25,200 --> 00:06:27,280 Speaker 1: I don't think so. I mean, these laws have been 105 00:06:27,320 --> 00:06:29,919 Speaker 1: on the books for a long time. I think the 106 00:06:30,000 --> 00:06:33,480 Speaker 1: defense is most likely avenue to make a hard case 107 00:06:33,600 --> 00:06:38,200 Speaker 1: for dismissal. Is a statute of limitations case as well 108 00:06:38,240 --> 00:06:42,159 Speaker 1: as you know, the prosecution not having evidence of mister 109 00:06:42,240 --> 00:06:45,920 Speaker 1: Trump's specific intent to commit a fraud, but rather him 110 00:06:46,000 --> 00:06:49,520 Speaker 1: just signing hundreds of documents on any given day and 111 00:06:49,640 --> 00:06:52,559 Speaker 1: not always knowing what he was signing, and what about 112 00:06:52,560 --> 00:06:56,560 Speaker 1: a change of venue, it's likely if they can show 113 00:06:57,440 --> 00:07:01,320 Speaker 1: that there aren't jurors who are bare and impartial. Now, 114 00:07:01,560 --> 00:07:04,719 Speaker 1: the law doesn't require adults serving on a jury to 115 00:07:04,760 --> 00:07:07,800 Speaker 1: be an empty vessel. It doesn't require someone to have 116 00:07:07,839 --> 00:07:10,280 Speaker 1: been a sort of a sleep coma and now they're 117 00:07:10,320 --> 00:07:13,080 Speaker 1: awakened and they're like, oh, I didn't read about this. 118 00:07:13,440 --> 00:07:16,440 Speaker 1: But it does require people to be fair and impartial 119 00:07:16,480 --> 00:07:19,800 Speaker 1: and come in with an open mind, with no preconceived notions, 120 00:07:20,240 --> 00:07:23,200 Speaker 1: and not have a bias against mister Trump. And that's 121 00:07:23,200 --> 00:07:26,520 Speaker 1: the important point. You know, I'm convinced that in the 122 00:07:26,640 --> 00:07:31,120 Speaker 1: United States's largest city there are enough citizens out there 123 00:07:31,160 --> 00:07:33,680 Speaker 1: that you could get a jury. But if the process 124 00:07:33,800 --> 00:07:37,040 Speaker 1: takes too long, or if it looks improbable, they'll change 125 00:07:37,120 --> 00:07:40,720 Speaker 1: venue if the defense raises emotions. We've been speculating and 126 00:07:40,800 --> 00:07:45,480 Speaker 1: speculating about what this will be. It's partly what I expected. 127 00:07:45,520 --> 00:07:49,560 Speaker 1: I expected these charges, but I also expected a broader 128 00:07:49,760 --> 00:07:54,920 Speaker 1: charge of conspiracy or criminal enterprise or something broad like that, 129 00:07:55,120 --> 00:07:57,800 Speaker 1: an all encompassing charge, and that wasn't in there, and 130 00:07:57,920 --> 00:08:00,960 Speaker 1: so that caught me by surprise. On the other hand, 131 00:08:01,000 --> 00:08:04,200 Speaker 1: of mister Bragg brought that charge, he would be accused 132 00:08:04,200 --> 00:08:07,240 Speaker 1: of overreach. And so I think, you know, there's an 133 00:08:07,240 --> 00:08:10,840 Speaker 1: old rule in charging cases that prosecutors have, and that's 134 00:08:10,960 --> 00:08:14,200 Speaker 1: prosecute what's serious and what you know. You can prove 135 00:08:14,280 --> 00:08:16,160 Speaker 1: what you believe in your heart you can prove. And 136 00:08:16,280 --> 00:08:19,119 Speaker 1: so I think that's what we're looking at right now. 137 00:08:19,360 --> 00:08:21,400 Speaker 1: So and do you think that looking at the indictment 138 00:08:21,440 --> 00:08:24,440 Speaker 1: and all the months of work that the prosecutors basically 139 00:08:24,480 --> 00:08:28,040 Speaker 1: have their case set out, Oh they do. I mean 140 00:08:28,080 --> 00:08:30,560 Speaker 1: when they asked for it, when they asked for an 141 00:08:30,560 --> 00:08:33,520 Speaker 1: early trial date. I think they asked for an early 142 00:08:33,600 --> 00:08:35,920 Speaker 1: trial date not to call a bluff or make a 143 00:08:36,000 --> 00:08:38,480 Speaker 1: bluff on the court, but because they believe they're ready 144 00:08:38,480 --> 00:08:41,520 Speaker 1: to go. What do you think about the strength of 145 00:08:41,920 --> 00:08:45,000 Speaker 1: the charges. Well, you know, first of all, we don't 146 00:08:45,040 --> 00:08:47,480 Speaker 1: know what the evidence is that's going to be backing 147 00:08:47,600 --> 00:08:51,000 Speaker 1: these charges. The charges are simply ink on a sheet 148 00:08:51,200 --> 00:08:54,720 Speaker 1: that the prosecutor was able to show to a grand 149 00:08:54,800 --> 00:08:59,000 Speaker 1: jury and obtain an indictment by probable cause for that. 150 00:08:59,120 --> 00:09:01,960 Speaker 1: So I'll get more clarity to the strength of the 151 00:09:02,040 --> 00:09:05,680 Speaker 1: prosecution's case in the days and weeks ahead through a 152 00:09:05,760 --> 00:09:09,680 Speaker 1: process known as discovery, and that's when the prosecutor has 153 00:09:09,679 --> 00:09:13,560 Speaker 1: to name witnesses and provide evidence over to mister Trump's 154 00:09:13,559 --> 00:09:17,680 Speaker 1: defense counsel. Having said that, you know, these charges business 155 00:09:17,720 --> 00:09:20,080 Speaker 1: fraud type charges are going to be characterized in a 156 00:09:20,120 --> 00:09:23,600 Speaker 1: lot of different ways, but at their core, whenever someone 157 00:09:23,760 --> 00:09:26,600 Speaker 1: is charged with a crime of fraud, there really is 158 00:09:26,760 --> 00:09:29,680 Speaker 1: essentially just like tax fraud, they're charged with a crime 159 00:09:30,080 --> 00:09:33,720 Speaker 1: of not paying into the system what the system demands 160 00:09:33,720 --> 00:09:36,240 Speaker 1: of them. In this case, you think about you know 161 00:09:36,320 --> 00:09:38,760 Speaker 1: money that New York, the State of New York collects 162 00:09:38,800 --> 00:09:42,240 Speaker 1: this is money that goes to police salaries, teacher salaries, 163 00:09:42,280 --> 00:09:47,200 Speaker 1: school improvements, road improvements, keeping the subways running. Things like that. 164 00:09:47,760 --> 00:09:51,199 Speaker 1: You know you're going to hear. Look, it's a political crime. 165 00:09:51,280 --> 00:09:53,960 Speaker 1: They're not serious charges. Well, if you talk to a 166 00:09:54,000 --> 00:09:57,280 Speaker 1: police officer who hasn't gotten a raise or a teacher 167 00:09:57,280 --> 00:10:01,079 Speaker 1: who's looking at retirement, it all adds up. This case 168 00:10:01,200 --> 00:10:04,720 Speaker 1: was termed a zombie case by a former prosecutor in 169 00:10:04,760 --> 00:10:09,200 Speaker 1: the office because it died and kept getting revived over 170 00:10:09,240 --> 00:10:11,760 Speaker 1: the years. Does that make a difference in the long run. 171 00:10:12,240 --> 00:10:15,360 Speaker 1: It matters that it takes that long to bring a 172 00:10:15,440 --> 00:10:17,520 Speaker 1: case to trial. But I think we can read a 173 00:10:17,559 --> 00:10:20,240 Speaker 1: lot of different angles into that. And one angle I 174 00:10:20,400 --> 00:10:23,960 Speaker 1: suggest is, you know, the Trump's attorneys, they're saying, well, look, 175 00:10:24,000 --> 00:10:26,800 Speaker 1: even the dj didn't bring this forward, and as are 176 00:10:27,280 --> 00:10:30,520 Speaker 1: the former president's backers in Congress. But let's keep in 177 00:10:30,600 --> 00:10:35,680 Speaker 1: mind that mister Trump dismissed a very well regarded United 178 00:10:35,720 --> 00:10:38,840 Speaker 1: States Attorney from the Southern District of New York, you know, 179 00:10:38,880 --> 00:10:42,120 Speaker 1: mister pret Barr. He put his own people in there, 180 00:10:42,120 --> 00:10:44,640 Speaker 1: and so we don't know what happened in the US 181 00:10:44,679 --> 00:10:47,680 Speaker 1: Attorney's office, whether they looked at the charges and said 182 00:10:48,080 --> 00:10:50,080 Speaker 1: they're good, but we're not going to go forward, or 183 00:10:50,080 --> 00:10:53,160 Speaker 1: they looked at potential charges and said they're terrible, We're 184 00:10:53,160 --> 00:10:56,520 Speaker 1: not going to go forward. Then we get to divance 185 00:10:56,800 --> 00:11:00,679 Speaker 1: his tenure as DA. These may not be the identical 186 00:11:01,120 --> 00:11:04,840 Speaker 1: charges that Vance's team was looking at. We don't know 187 00:11:05,000 --> 00:11:08,000 Speaker 1: that either, but it is problematic because it makes for 188 00:11:08,200 --> 00:11:11,439 Speaker 1: quite a bit of political fodder, both in Congress and 189 00:11:12,200 --> 00:11:15,960 Speaker 1: on the street. Well, thanks so much, Joshua. That's Professor 190 00:11:16,040 --> 00:11:19,440 Speaker 1: Joshua Castenberg of the University of New Mexico Law School. 191 00:11:20,880 --> 00:11:23,840 Speaker 1: It was the most expensive race for a state Supreme 192 00:11:23,880 --> 00:11:28,079 Speaker 1: Court seat in US history, thirty nine million dollars spent 193 00:11:28,160 --> 00:11:33,000 Speaker 1: on advertising, and it swung Wisconsin's highest court toward liberals 194 00:11:33,040 --> 00:11:37,079 Speaker 1: for the first time in fifteen years. Milwaukee County Circuit 195 00:11:37,160 --> 00:11:42,120 Speaker 1: Judge Janet Proto Sawitz, a liberal, defeated former Justice Dan Kelly, 196 00:11:42,200 --> 00:11:46,479 Speaker 1: a conservative, by more than ten points. Speaking to supporters 197 00:11:46,520 --> 00:11:50,200 Speaker 1: after the election, Proto Sawitz said the state was ready 198 00:11:50,200 --> 00:11:53,720 Speaker 1: for a change in its highest court. Our state is 199 00:11:53,720 --> 00:11:57,040 Speaker 1: taking a step forward to a better and brighter future 200 00:11:57,640 --> 00:12:01,520 Speaker 1: where our rights and freedoms will he protected. In his 201 00:12:01,640 --> 00:12:05,480 Speaker 1: concession speech, Kelly was less than gracious and accused his 202 00:12:05,520 --> 00:12:09,560 Speaker 1: opponent of running a dirty campaign. I wish that in 203 00:12:09,600 --> 00:12:13,400 Speaker 1: a circumstance like this, I would be able to concede 204 00:12:13,440 --> 00:12:16,920 Speaker 1: to a worthy opponent, But I do not have a 205 00:12:16,960 --> 00:12:21,760 Speaker 1: worthy opponent to which I can concede. Joining me is Bloomberg. 206 00:12:21,840 --> 00:12:26,600 Speaker 1: National politics reporter Ryan Teague backwith Ryan tell us about 207 00:12:26,640 --> 00:12:31,120 Speaker 1: all this money spent on advertising. The good news for 208 00:12:32,520 --> 00:12:36,480 Speaker 1: in Wisconsin is that the there are for ten years, 209 00:12:36,720 --> 00:12:39,440 Speaker 1: so that money will keep for a while, as though 210 00:12:39,520 --> 00:12:42,680 Speaker 1: I imagine that there'll be some more competitive Supreme Court 211 00:12:42,720 --> 00:12:46,000 Speaker 1: reasons coming up in the coming years. Most of his 212 00:12:46,080 --> 00:12:49,440 Speaker 1: money was spent on behalf of Janet fer Se, who's 213 00:12:49,480 --> 00:12:53,560 Speaker 1: the Milwaukee area judge who it was backed by Democrats. 214 00:12:53,760 --> 00:12:56,360 Speaker 1: She was able to use her money more effectively too, 215 00:12:56,440 --> 00:12:59,679 Speaker 1: because it came directly from Democrats. So because she's spending 216 00:12:59,720 --> 00:13:02,839 Speaker 1: the money herself, then she gets a better rate from 217 00:13:02,880 --> 00:13:07,000 Speaker 1: the broadcasters under the rules. She spent not only more 218 00:13:07,040 --> 00:13:10,800 Speaker 1: money than the Republican backed candidate Dan Kelly, but she 219 00:13:10,880 --> 00:13:12,880 Speaker 1: got more big for her box. So she was running 220 00:13:12,880 --> 00:13:15,080 Speaker 1: a lot of that, and she was spending most of 221 00:13:15,120 --> 00:13:19,480 Speaker 1: those bad time talking about abortion, whereas dan Kelly most 222 00:13:19,520 --> 00:13:22,840 Speaker 1: of the money was being spent for him by outside groups. 223 00:13:23,360 --> 00:13:26,480 Speaker 1: What was the focus of the campaigning Was it one 224 00:13:26,520 --> 00:13:30,840 Speaker 1: particular issue? You know, State Supreme Court races are kind 225 00:13:30,880 --> 00:13:35,079 Speaker 1: of weird because the candidates usually don't want to talk 226 00:13:35,200 --> 00:13:37,319 Speaker 1: for sort of judicial essex reasons. They don't want to 227 00:13:37,360 --> 00:13:39,600 Speaker 1: get too much into what they think about the issue. 228 00:13:40,000 --> 00:13:42,240 Speaker 1: This one really broke the mold on that there is 229 00:13:42,240 --> 00:13:46,760 Speaker 1: an upcoming case involving in eighteen forty nine, one that's 230 00:13:46,880 --> 00:13:51,520 Speaker 1: essentially banned abortion in Wisconsin since Roe versus. Wade was overturned, 231 00:13:52,040 --> 00:13:55,400 Speaker 1: and that case is clearly going to be decided by 232 00:13:55,480 --> 00:13:58,560 Speaker 1: the winner of this rate. There was a four three 233 00:13:58,600 --> 00:14:02,960 Speaker 1: conservative majority on the One of those conservatives was being 234 00:14:03,080 --> 00:14:08,240 Speaker 1: vacated and the replacement would determine which side had the majority. 235 00:14:08,679 --> 00:14:12,720 Speaker 1: Janet Perta was running basically by going out there with 236 00:14:12,800 --> 00:14:15,600 Speaker 1: a wink and a nod and saying, I really support 237 00:14:15,679 --> 00:14:20,360 Speaker 1: women with abortion. So she was really clearly signaling that 238 00:14:20,400 --> 00:14:25,600 Speaker 1: she would overturn the law and restore abortion rights in Wisconsin. 239 00:14:26,240 --> 00:14:29,520 Speaker 1: Dan Kelley has done some work for our anti abortion 240 00:14:29,560 --> 00:14:32,640 Speaker 1: groups in the past. He was more circumspecting. He wasn't 241 00:14:32,680 --> 00:14:36,160 Speaker 1: going to say how he would rule, and that her 242 00:14:36,280 --> 00:14:42,360 Speaker 1: claims that he would uphold the band were inaccurate, and 243 00:14:43,120 --> 00:14:46,280 Speaker 1: that she was violating judicial ethics by even tipping her 244 00:14:46,280 --> 00:14:50,080 Speaker 1: hand as much as she was. So abortion was clearly 245 00:14:50,320 --> 00:14:54,400 Speaker 1: clearly the driver of the rights. Were Democrats so focused 246 00:14:54,520 --> 00:14:58,640 Speaker 1: on this as well because they have no chance of 247 00:14:58,720 --> 00:15:02,960 Speaker 1: regaining control of the state legislature in the near future. Yes, 248 00:15:03,040 --> 00:15:06,120 Speaker 1: jerrymandering is the other issues that this really would decide, 249 00:15:06,160 --> 00:15:09,840 Speaker 1: although I don't think it really motivates voters and it 250 00:15:09,920 --> 00:15:12,520 Speaker 1: wasn't really a focus of the ads for to say, 251 00:15:12,520 --> 00:15:15,160 Speaker 1: which was very clear in saying that she thinks that 252 00:15:15,240 --> 00:15:18,200 Speaker 1: there are current maps in the state are as she 253 00:15:18,280 --> 00:15:21,640 Speaker 1: called them rigged. Political scientists I've talked to have a 254 00:15:21,760 --> 00:15:25,520 Speaker 1: number of different ways of measuring how jerrymander maps are. 255 00:15:25,960 --> 00:15:28,960 Speaker 1: Basically they all come back saying that these are jerrymandered, 256 00:15:29,000 --> 00:15:31,840 Speaker 1: and they've been that way since two eleven, and there's 257 00:15:31,880 --> 00:15:34,360 Speaker 1: not really any way to fix that under the current 258 00:15:34,440 --> 00:15:37,160 Speaker 1: law and under the current court. So for to say, 259 00:15:37,200 --> 00:15:39,920 Speaker 1: what's indicated that she would revisit that issue and that 260 00:15:40,000 --> 00:15:42,960 Speaker 1: those maps may be overturned, which would give Democrats a 261 00:15:43,000 --> 00:15:46,240 Speaker 1: fighting chance that winning back the legislature and winning a 262 00:15:46,280 --> 00:15:49,400 Speaker 1: few more in the Congessional delegation, which is also turnemas. 263 00:15:50,800 --> 00:15:55,520 Speaker 1: So as we know, Wisconsin plays a part repeatedly in 264 00:15:55,600 --> 00:15:59,720 Speaker 1: presidential elections, So explain what happened in twenty twenty when 265 00:15:59,720 --> 00:16:02,880 Speaker 1: it came within a single state Supreme Court vote of 266 00:16:03,000 --> 00:16:07,640 Speaker 1: switching the state's electoral college. This was another issue that 267 00:16:07,800 --> 00:16:10,320 Speaker 1: was kind of low key but was present in the 268 00:16:10,440 --> 00:16:13,880 Speaker 1: race because Dan Kelly had done some work for the 269 00:16:13,920 --> 00:16:18,480 Speaker 1: state Republican Party in that capacity, he advised them on 270 00:16:18,800 --> 00:16:23,800 Speaker 1: a fake elector scheme during Trump's attempts to overturn his 271 00:16:23,960 --> 00:16:27,200 Speaker 1: loss in Wisconsin in twenty twenty, and he was cited 272 00:16:27,200 --> 00:16:30,040 Speaker 1: by the January sixth Committee in its Furt Court as 273 00:16:30,080 --> 00:16:32,040 Speaker 1: one of the people who had worked on that. He 274 00:16:32,920 --> 00:16:34,760 Speaker 1: tried to sort of downplay that and say, you know, 275 00:16:34,800 --> 00:16:37,400 Speaker 1: I was just asked my opinion on things and gave 276 00:16:37,440 --> 00:16:40,840 Speaker 1: something of advice and it was a one time conversation. 277 00:16:41,360 --> 00:16:43,960 Speaker 1: But that raised a lot of questions, and there was 278 00:16:44,520 --> 00:16:47,360 Speaker 1: some third party groups that ran as attacking him on 279 00:16:47,520 --> 00:16:50,480 Speaker 1: that issue and saying we don't want someone on Supreme 280 00:16:50,520 --> 00:16:53,880 Speaker 1: Court who might back one of these efforts in the future. 281 00:16:54,280 --> 00:16:56,680 Speaker 1: And we have seen in other races where that's become 282 00:16:56,680 --> 00:16:59,720 Speaker 1: an issue that people really don't like election denial, and 283 00:17:00,040 --> 00:17:03,440 Speaker 1: electri deniers pretty much lost in most of the state 284 00:17:03,480 --> 00:17:06,840 Speaker 1: wide races that they were on the ballot for last November. 285 00:17:07,200 --> 00:17:11,879 Speaker 1: In Wisconsin, this is particularly Germane because there was a 286 00:17:12,240 --> 00:17:15,919 Speaker 1: OR three decision with one of the conservative justices joining 287 00:17:15,920 --> 00:17:20,040 Speaker 1: with the liberals to throw out the attempt by Donald 288 00:17:20,040 --> 00:17:22,879 Speaker 1: Trump to challenge his loss and say we're not going 289 00:17:22,960 --> 00:17:24,600 Speaker 1: to hear it. We're going to We're not going to 290 00:17:24,640 --> 00:17:28,920 Speaker 1: go there. So there was some concern there that they 291 00:17:28,920 --> 00:17:33,120 Speaker 1: were one vote away, as there were from from hearing that, 292 00:17:33,200 --> 00:17:36,560 Speaker 1: and who knows what might have happened from there. His 293 00:17:36,680 --> 00:17:41,520 Speaker 1: concession speech was not what you would call graceful. He said, 294 00:17:42,119 --> 00:17:44,440 Speaker 1: I wish you that in circumstances like this, I would 295 00:17:44,440 --> 00:17:46,760 Speaker 1: be able to concede to a worthy opponent. But I 296 00:17:46,840 --> 00:17:50,199 Speaker 1: do not have a worthy opponent to which I can concede. 297 00:17:50,280 --> 00:17:54,040 Speaker 1: Were there hard feelings between the two of them, I mean, 298 00:17:54,359 --> 00:17:57,040 Speaker 1: aside from even saying I don't have a worthy opponent? 299 00:17:57,359 --> 00:18:00,800 Speaker 1: He said, to which and not to whom y are 300 00:18:00,920 --> 00:18:03,639 Speaker 1: known for those little ticks there, but like he didn't 301 00:18:03,640 --> 00:18:07,359 Speaker 1: even call her a person. Basically, in what passed for 302 00:18:07,440 --> 00:18:10,399 Speaker 1: a consession, I guess I mean that was really really 303 00:18:10,840 --> 00:18:14,440 Speaker 1: classless and not gracious at all. Now, he was very 304 00:18:14,520 --> 00:18:16,479 Speaker 1: upset because he did not like the ads that were 305 00:18:16,520 --> 00:18:19,880 Speaker 1: running against him, and they're one debate that they had 306 00:18:19,920 --> 00:18:23,040 Speaker 1: in late March. He really went after her for her 307 00:18:23,080 --> 00:18:25,479 Speaker 1: ads and said that you don't know what I'm thinking. 308 00:18:26,080 --> 00:18:31,159 Speaker 1: You're slandering me with these ads about abortion, and you know, 309 00:18:31,280 --> 00:18:35,360 Speaker 1: seemed to really be bothered by that. The ads did 310 00:18:35,400 --> 00:18:37,840 Speaker 1: not strike me, as someone who watches a lot of 311 00:18:37,840 --> 00:18:41,639 Speaker 1: political ads as being particularly beyond the pale. I know 312 00:18:42,320 --> 00:18:45,000 Speaker 1: judges and he was a past justice on the State 313 00:18:45,040 --> 00:18:48,280 Speaker 1: Supreme Quarter, had been appointed may not be used to 314 00:18:48,920 --> 00:18:50,600 Speaker 1: that rough and tumble, but he also worked for the 315 00:18:50,600 --> 00:18:53,359 Speaker 1: State Republican Party, So it was a little mystifying to 316 00:18:53,400 --> 00:18:57,560 Speaker 1: me that he was quite this bothered by his loss. Now, 317 00:18:57,560 --> 00:19:00,000 Speaker 1: that wasn't eleven point loss, and it wasn't second time 318 00:19:00,000 --> 00:19:02,359 Speaker 1: time that he's lost an election for the State Supreme 319 00:19:02,400 --> 00:19:04,000 Speaker 1: Court in the last few years, So maybe he was 320 00:19:04,040 --> 00:19:06,920 Speaker 1: just taking it more personally. There's some people who are 321 00:19:07,480 --> 00:19:10,040 Speaker 1: worried that this signals that there may be more to 322 00:19:10,119 --> 00:19:15,560 Speaker 1: come here the legislature. The Republicans just warned a supermajority 323 00:19:15,640 --> 00:19:19,159 Speaker 1: on the legislature and a special election that was also 324 00:19:19,280 --> 00:19:23,120 Speaker 1: on the ballot, and that gives them the ability to 325 00:19:23,160 --> 00:19:28,280 Speaker 1: impeach statewide officials. And there had already been some people 326 00:19:28,520 --> 00:19:31,520 Speaker 1: in the state Republican party throwing around the idea of 327 00:19:31,600 --> 00:19:34,920 Speaker 1: impeaching for to se with if she was elected. That's 328 00:19:34,960 --> 00:19:39,720 Speaker 1: to several steps between now and that possibility, which I 329 00:19:39,760 --> 00:19:42,280 Speaker 1: think is still fairly remote because you're kind of got 330 00:19:42,280 --> 00:19:45,000 Speaker 1: to get everybody on board with that idea. But if 331 00:19:45,000 --> 00:19:47,920 Speaker 1: it looks like she's going to throw out the Gerryman 332 00:19:47,960 --> 00:19:51,320 Speaker 1: and during and that could affect the livelihood of all 333 00:19:51,359 --> 00:19:53,960 Speaker 1: of the members of the legislature, there may be a 334 00:19:54,040 --> 00:19:58,320 Speaker 1: temptation to take the fight and continue it. So I 335 00:19:58,359 --> 00:20:01,680 Speaker 1: think we'll see where that goes. It's definitely a very 336 00:20:01,880 --> 00:20:05,520 Speaker 1: closely fought state that it's very evenly tied between the 337 00:20:05,520 --> 00:20:08,840 Speaker 1: two parties, and Republicans have been able to use that 338 00:20:08,960 --> 00:20:12,520 Speaker 1: during Mandarin to end their control of the screenport in 339 00:20:12,560 --> 00:20:16,359 Speaker 1: the state to really kind of old power for a 340 00:20:16,400 --> 00:20:20,560 Speaker 1: long time. Democrats with this win look to be breaking 341 00:20:20,560 --> 00:20:24,880 Speaker 1: that lock, and so I expect that their counter reaction 342 00:20:24,960 --> 00:20:28,320 Speaker 1: to that will be pretty fierce. So we'll see this 343 00:20:28,600 --> 00:20:31,800 Speaker 1: state the real locus of activity. I think in twenty 344 00:20:31,840 --> 00:20:35,160 Speaker 1: twenty four, do they have grounds that they are going 345 00:20:35,200 --> 00:20:37,439 Speaker 1: to use to impeach her on already? Are they going 346 00:20:37,480 --> 00:20:40,480 Speaker 1: to come up with grounds? I think if you're saying, 347 00:20:40,640 --> 00:20:44,760 Speaker 1: let's impeach someone who hasn't even been in office, yeah, 348 00:20:44,800 --> 00:20:46,560 Speaker 1: I think you're kind of tipping your hand that you 349 00:20:46,600 --> 00:20:49,399 Speaker 1: don't exactly have grounds. But they probably could come up 350 00:20:49,440 --> 00:20:51,920 Speaker 1: with something like, well, you know, because she said these 351 00:20:51,960 --> 00:20:55,320 Speaker 1: maps were rigged and now she is refusing to refuse 352 00:20:55,400 --> 00:20:58,919 Speaker 1: herself from you know, a case on it, then she 353 00:20:58,920 --> 00:21:01,320 Speaker 1: should be impeached. They also, we were attacking her for 354 00:21:01,440 --> 00:21:04,159 Speaker 1: accepting money from the State Democratic Party, although that's a 355 00:21:04,160 --> 00:21:07,000 Speaker 1: pretty routine thing, you know, saying that she should recuse 356 00:21:07,040 --> 00:21:10,080 Speaker 1: herself from any cases involving the State Democratic Party. So 357 00:21:10,400 --> 00:21:13,160 Speaker 1: imagine that there will be a lot of different arguments 358 00:21:13,160 --> 00:21:15,159 Speaker 1: that they could make if they decided that something that 359 00:21:15,200 --> 00:21:18,359 Speaker 1: they want to do. And again, if if it really 360 00:21:18,400 --> 00:21:21,639 Speaker 1: looks like, you know, they could lose control of the 361 00:21:21,720 --> 00:21:25,639 Speaker 1: left fature by new maps being drawn up, then that 362 00:21:26,119 --> 00:21:29,280 Speaker 1: may be something that moves more closer to a possibility. 363 00:21:29,359 --> 00:21:33,000 Speaker 1: But I would still say we're always awesome, and she 364 00:21:33,119 --> 00:21:35,479 Speaker 1: won by a wide margin, so it didn't even end 365 00:21:35,520 --> 00:21:37,840 Speaker 1: up being that close of a race. Yes, he won 366 00:21:37,880 --> 00:21:41,160 Speaker 1: by eleven percent. This was a blowout. This was turnout 367 00:21:41,200 --> 00:21:45,480 Speaker 1: was up, and turnout was and and the youth turnout 368 00:21:45,560 --> 00:21:50,600 Speaker 1: was incredibly high. The area around the University of Madison, Wisconsin. 369 00:21:51,119 --> 00:21:54,000 Speaker 1: Turnout was extremely high there and they were voting. And 370 00:21:54,200 --> 00:21:57,399 Speaker 1: Dane County there by like eighty percent for pro to 371 00:21:57,480 --> 00:21:59,960 Speaker 1: say with even as for to say was holding down 372 00:22:00,000 --> 00:22:02,520 Speaker 1: down the Republican margin and some of the suburbs that 373 00:22:02,560 --> 00:22:06,960 Speaker 1: they traditionally win. So this has shown I think again 374 00:22:07,200 --> 00:22:12,399 Speaker 1: as with our Governor Tony Win in November, that Democrats 375 00:22:12,400 --> 00:22:15,719 Speaker 1: have figured out how to win Wisconsin right now, and 376 00:22:15,840 --> 00:22:19,040 Speaker 1: it's largely using abortion. It's an issue that's helping them 377 00:22:19,080 --> 00:22:21,920 Speaker 1: win the suburbs, and it's helping them to turn out, 378 00:22:22,359 --> 00:22:25,600 Speaker 1: and it's helping them win women voters, and by enough 379 00:22:25,720 --> 00:22:28,880 Speaker 1: of a margin to offset what otherwise, like I said, 380 00:22:28,960 --> 00:22:32,280 Speaker 1: is a really closely tied stake. Do you think that 381 00:22:32,720 --> 00:22:35,480 Speaker 1: Democrats are going to be looking at this race and 382 00:22:35,600 --> 00:22:40,000 Speaker 1: the abortion strategy used and perhaps using it in national 383 00:22:40,080 --> 00:22:43,000 Speaker 1: races or in other races. I mean, I definitely think 384 00:22:43,040 --> 00:22:45,880 Speaker 1: that we're going to see that be an issue nationally 385 00:22:45,920 --> 00:22:49,119 Speaker 1: in twenty twenty four. President Biden does not like talking 386 00:22:49,160 --> 00:22:52,800 Speaker 1: about social issues because he thinks that they rile people 387 00:22:52,880 --> 00:22:55,600 Speaker 1: up on the other side as much as they rile 388 00:22:55,720 --> 00:22:57,959 Speaker 1: up your side, and so he looks for ways to 389 00:22:57,960 --> 00:23:00,320 Speaker 1: de escalate them whenever possible and change the object to 390 00:23:00,359 --> 00:23:03,560 Speaker 1: kitchen table stuff. Abortion is the one exception there, and 391 00:23:03,640 --> 00:23:07,080 Speaker 1: that's larger because it clearly right now riles up more 392 00:23:07,200 --> 00:23:10,479 Speaker 1: people on the side of supporting abortion right then it 393 00:23:10,520 --> 00:23:12,919 Speaker 1: does rile up people who are opposed to abortion, Like 394 00:23:12,960 --> 00:23:15,320 Speaker 1: there is a turnout advantage here. If you can make 395 00:23:15,320 --> 00:23:18,240 Speaker 1: a race about abortion and you can show that there 396 00:23:18,240 --> 00:23:20,520 Speaker 1: will be an actual consequence if you vote on this, 397 00:23:21,320 --> 00:23:24,080 Speaker 1: then you're going to get that higher turnout and you're 398 00:23:24,080 --> 00:23:26,439 Speaker 1: going to win those voters. So I think Democrats are 399 00:23:26,440 --> 00:23:29,000 Speaker 1: definitely going to be looking to making more races about that, 400 00:23:29,720 --> 00:23:32,560 Speaker 1: and I think that Biden will definitely be talking about 401 00:23:32,600 --> 00:23:35,000 Speaker 1: it a lot in his ads and his campaign stops, 402 00:23:35,560 --> 00:23:39,160 Speaker 1: even though it's not a natural issue for him, because 403 00:23:39,240 --> 00:23:43,560 Speaker 1: this has just yet another example of that being a 404 00:23:43,640 --> 00:23:47,800 Speaker 1: very effective message for Democrats and one that the Republicans 405 00:23:47,800 --> 00:23:50,320 Speaker 1: really did not have a good counter for the State 406 00:23:50,359 --> 00:23:54,600 Speaker 1: Supreme Court are a lot of their decisions so close. No, 407 00:23:54,760 --> 00:23:57,159 Speaker 1: it's really just on that handful of issues where you 408 00:23:57,200 --> 00:24:00,560 Speaker 1: really get that partisan divide and it matters. I think 409 00:24:00,800 --> 00:24:03,240 Speaker 1: there's a lot of issues that state supreme courts consider 410 00:24:03,440 --> 00:24:06,080 Speaker 1: about this law or that law, and you know, how 411 00:24:06,119 --> 00:24:09,560 Speaker 1: should we determine legislative intent of this or that? And 412 00:24:09,760 --> 00:24:13,040 Speaker 1: those can break in all kinds of ways. They're really 413 00:24:13,119 --> 00:24:16,399 Speaker 1: not a part of some sort of hotbeds that I 414 00:24:16,440 --> 00:24:20,040 Speaker 1: think people see, like the Supreme Court. But when it's 415 00:24:20,160 --> 00:24:23,040 Speaker 1: crunch time, Um, you know, on a handful of issues 416 00:24:23,119 --> 00:24:26,639 Speaker 1: there there are divisions. The proportion was clearly one and 417 00:24:26,720 --> 00:24:30,240 Speaker 1: jerrymandering is clearly another. And you know, I imagine it's 418 00:24:30,280 --> 00:24:32,919 Speaker 1: been fifteen years since Democrats had a majority on the 419 00:24:32,920 --> 00:24:35,000 Speaker 1: state supreme courts. Imagine there's a lot of issues that 420 00:24:35,040 --> 00:24:37,359 Speaker 1: they hadn't even bothered with because they didn't think they 421 00:24:37,400 --> 00:24:41,840 Speaker 1: would win. So we may see you know, some Democratic 422 00:24:41,960 --> 00:24:44,480 Speaker 1: allied groups going to the state Supreme Court with the 423 00:24:44,560 --> 00:24:49,000 Speaker 1: arguments about union organizing or social issues and trying to 424 00:24:49,040 --> 00:24:53,000 Speaker 1: see if they can win a case there that might 425 00:24:53,520 --> 00:24:56,040 Speaker 1: help them out or help them achieve them policy goal. 426 00:24:56,200 --> 00:24:58,480 Speaker 1: So you know, it will definitely be a fee change 427 00:24:58,520 --> 00:25:02,159 Speaker 1: there in the state in terms of who has the power. 428 00:25:02,560 --> 00:25:06,640 Speaker 1: Thanks so much, Ryan, that's Bloomberg. National politics reporter Ryan 429 00:25:06,720 --> 00:25:09,960 Speaker 1: Teague beckwith I'm June Grosso. When you're listening to Bloomberg,