1 00:00:11,720 --> 00:00:14,600 Speaker 1: Good morning, keeps, and welcome to wok F Daily with 2 00:00:14,720 --> 00:00:19,400 Speaker 1: me your girl Daniel Moody Recording from the Home Bunker. Folks, 3 00:00:19,400 --> 00:00:23,640 Speaker 1: I'm very excited to welcome back to okay F Daily 4 00:00:23,920 --> 00:00:27,800 Speaker 1: our friend Glenn Kirshner. Glenn and I pre tape this 5 00:00:27,960 --> 00:00:34,720 Speaker 1: ahead of today's court appearance by Donald Trump and Jack 6 00:00:34,800 --> 00:00:41,360 Speaker 1: Smith before Judge chunkin to discuss a gag order. And 7 00:00:41,720 --> 00:00:45,800 Speaker 1: in this conversation with Glenn, we go and we talk 8 00:00:45,880 --> 00:00:52,239 Speaker 1: about all of Trump's legal woes, but in particular between 9 00:00:52,760 --> 00:00:57,240 Speaker 1: what is happening in down in Georgia this month, as 10 00:00:57,280 --> 00:01:00,360 Speaker 1: well as what will be happening as you're listening to 11 00:01:00,440 --> 00:01:04,640 Speaker 1: this in Washington, d C. You know, and here's what 12 00:01:04,760 --> 00:01:07,319 Speaker 1: I will say, folks, as you've been, you know, listening 13 00:01:07,319 --> 00:01:09,679 Speaker 1: to the show. There are so many more important things 14 00:01:09,680 --> 00:01:13,120 Speaker 1: that are happening in the world and in this country, 15 00:01:13,200 --> 00:01:15,600 Speaker 1: but it is still really important to keep an eye 16 00:01:16,360 --> 00:01:21,240 Speaker 1: on the person that ushered in this political healthscape that 17 00:01:21,280 --> 00:01:27,160 Speaker 1: we are currently living with, where you know, lawlessness reigns supreme. 18 00:01:27,880 --> 00:01:31,800 Speaker 1: And you know, again, while I recognize and you know, 19 00:01:32,080 --> 00:01:35,240 Speaker 1: through the conversations that I have on this show and 20 00:01:35,360 --> 00:01:40,120 Speaker 1: have stated, particularly over last week, that we know that 21 00:01:40,160 --> 00:01:43,240 Speaker 1: there are more important things and more important places to 22 00:01:43,240 --> 00:01:46,880 Speaker 1: be putting our energy. But it is important also to 23 00:01:47,000 --> 00:01:50,160 Speaker 1: keep an eye on and a foothold in what is 24 00:01:50,200 --> 00:01:55,000 Speaker 1: transpiring inside of our judicial system. For right now, it 25 00:01:55,080 --> 00:01:58,600 Speaker 1: continues to hold and I'm just looking friends, you know, 26 00:01:59,000 --> 00:02:01,600 Speaker 1: at the the Federal Circuit. I'm not even going to 27 00:02:01,680 --> 00:02:03,680 Speaker 1: touch what is happening at the Supreme Court and what 28 00:02:03,760 --> 00:02:08,640 Speaker 1: continues to happen there in that grifting, you know place. 29 00:02:09,240 --> 00:02:17,359 Speaker 1: But how these judges move with regard to recognizing the 30 00:02:17,400 --> 00:02:22,560 Speaker 1: threat and the danger to our country that Donald Trump 31 00:02:22,800 --> 00:02:28,760 Speaker 1: continues to impose is going to be important because what 32 00:02:28,840 --> 00:02:32,120 Speaker 1: they are doing is setting the stage for how we 33 00:02:32,200 --> 00:02:35,360 Speaker 1: will measure things moving forward. And what we know is 34 00:02:35,400 --> 00:02:38,480 Speaker 1: that Donald Trump has continued to break the rules, move 35 00:02:38,520 --> 00:02:42,440 Speaker 1: the gold posts, understanding that the rules don't apply to him. 36 00:02:42,880 --> 00:02:45,680 Speaker 1: And you know, you can look no further than George 37 00:02:45,720 --> 00:02:49,720 Speaker 1: Santos right in Congress. You can look at Bob Menendez 38 00:02:49,840 --> 00:02:52,920 Speaker 1: in the Senate. You can look at these people who 39 00:02:53,320 --> 00:02:57,280 Speaker 1: have broken our norms right and broken the law and 40 00:02:57,400 --> 00:03:00,760 Speaker 1: are currently indicted. But why did these people think that 41 00:03:00,800 --> 00:03:04,840 Speaker 1: they could get away with certain behaviors and certain actions. 42 00:03:04,880 --> 00:03:07,400 Speaker 1: Well because what's good for the goose is good for 43 00:03:07,480 --> 00:03:11,200 Speaker 1: the gander, And so it's really important for us to 44 00:03:11,320 --> 00:03:14,400 Speaker 1: keep an eye on what is happening and how our 45 00:03:14,480 --> 00:03:18,520 Speaker 1: judiciary shakes out, because this is our last hold, you know, 46 00:03:18,639 --> 00:03:24,120 Speaker 1: between this andful fledged authoritarianism. So what happens over the 47 00:03:24,160 --> 00:03:27,280 Speaker 1: next several months and the course of twenty twenty four 48 00:03:27,960 --> 00:03:30,920 Speaker 1: is going to have deep implications as to where this 49 00:03:31,040 --> 00:03:34,920 Speaker 1: country ends up come, you know, a year from now, which, frankly, 50 00:03:35,160 --> 00:03:37,720 Speaker 1: sometimes I do wish I had a crystal ball, But 51 00:03:37,800 --> 00:03:40,440 Speaker 1: then sometimes I'm really glad that I don't, because a 52 00:03:40,480 --> 00:03:42,040 Speaker 1: part of me doesn't want to know, but then a 53 00:03:42,080 --> 00:03:43,680 Speaker 1: part of me wants to know. So I can tell 54 00:03:43,760 --> 00:03:46,840 Speaker 1: us all how to prepare for what is coming next. 55 00:03:46,960 --> 00:03:50,920 Speaker 1: But coming up next with this conversation is our friend 56 00:03:51,240 --> 00:03:57,880 Speaker 1: Glenn Kirshner. Folks, it has been a while since we've 57 00:03:57,920 --> 00:04:02,600 Speaker 1: had our friend MSNBC legal analyst and the host of 58 00:04:02,760 --> 00:04:06,600 Speaker 1: Justice Matters, Glenn Kirshner on Woke a f Daily to 59 00:04:06,720 --> 00:04:09,960 Speaker 1: give us a primer into where we are in the 60 00:04:10,080 --> 00:04:16,279 Speaker 1: legal dull drums of Donald Trump. Glenn, let's start out 61 00:04:16,920 --> 00:04:22,000 Speaker 1: with Georgia and what is transpired there, because Jim Jordan, 62 00:04:22,200 --> 00:04:25,599 Speaker 1: who just well, as of this recording, has lost his 63 00:04:25,720 --> 00:04:30,159 Speaker 1: bid to be the news speaker for the Republican Party, 64 00:04:31,960 --> 00:04:35,719 Speaker 1: has been weaponizing his position as the chair of the 65 00:04:35,760 --> 00:04:39,640 Speaker 1: House Judiciary Committee in many ways. But I would love 66 00:04:39,680 --> 00:04:44,640 Speaker 1: for you to give us a primer into what he's 67 00:04:44,720 --> 00:04:48,040 Speaker 1: been trying to do and what Fannie Willis has called 68 00:04:48,120 --> 00:04:48,680 Speaker 1: him out on. 69 00:04:49,400 --> 00:04:51,400 Speaker 2: Yeah, you know, Danielle, I think we need to go 70 00:04:51,560 --> 00:04:57,400 Speaker 2: back to Jim Jordan criminally defying a congressional subpoena himself. 71 00:04:57,960 --> 00:05:01,200 Speaker 2: I mean, it is mind boggling to think that a 72 00:05:01,279 --> 00:05:05,960 Speaker 2: member of Congress was subpoenaed to testify about incriminating information 73 00:05:06,160 --> 00:05:09,720 Speaker 2: evidence about a president of the United States trying to 74 00:05:09,839 --> 00:05:14,120 Speaker 2: overturn the results of a presidential election. Instead of providing 75 00:05:14,160 --> 00:05:18,520 Speaker 2: that evidence to a Congressional committee and by extension, to 76 00:05:18,760 --> 00:05:24,240 Speaker 2: the American people, he criminally defied the subpoena, thereby hiding 77 00:05:24,600 --> 00:05:29,000 Speaker 2: from all of us the evidence of Donald Trump's January 78 00:05:29,160 --> 00:05:32,840 Speaker 2: sixth crimes. That is something for which he has never 79 00:05:32,880 --> 00:05:36,040 Speaker 2: been made to account. I hope the hell he is someday. 80 00:05:37,160 --> 00:05:42,839 Speaker 2: But against that backdrop, he then tried to interfere, misuse 81 00:05:42,920 --> 00:05:46,320 Speaker 2: his office and his power as chairman of the House 82 00:05:46,400 --> 00:05:50,520 Speaker 2: Judiciary Committee to try to interfere in Alvin Bragg's prosecution 83 00:05:51,120 --> 00:05:53,080 Speaker 2: up in New York. He didn't make a lot of 84 00:05:53,160 --> 00:05:57,520 Speaker 2: headway there. Now he's trying to interfere in Fonnie Willis's 85 00:05:57,640 --> 00:06:01,839 Speaker 2: RICO prosecution of Trump and others down in Georgia by 86 00:06:01,880 --> 00:06:05,920 Speaker 2: basically demanding that she'd turn over all of the information 87 00:06:06,080 --> 00:06:09,760 Speaker 2: and the documents and answer all kinds of questions about 88 00:06:09,800 --> 00:06:14,800 Speaker 2: why she is choosing to prosecute somebody who violated the 89 00:06:14,880 --> 00:06:19,360 Speaker 2: laws of the State of Georgia. He is abusing his position, 90 00:06:19,760 --> 00:06:23,760 Speaker 2: his power, his authority. He, in my opinion, is very 91 00:06:23,960 --> 00:06:28,400 Speaker 2: likely committing any number of crimes, including being an accessory 92 00:06:28,560 --> 00:06:32,240 Speaker 2: after the fact to Donald Trump's crimes, because he's trying 93 00:06:32,240 --> 00:06:38,159 Speaker 2: to help Donald Trump avoid and evade accountability prosecution. He's 94 00:06:38,200 --> 00:06:41,680 Speaker 2: trying to cover up the evidence of Donald Trump's crimes. 95 00:06:41,720 --> 00:06:45,520 Speaker 2: And it is mind boggling to me that the Department 96 00:06:45,560 --> 00:06:50,320 Speaker 2: of Justice thus far has let him do it with impunity. 97 00:06:50,720 --> 00:06:54,000 Speaker 2: So Fawnie Willis pushed back hard, sent the letter, i 98 00:06:54,000 --> 00:06:57,599 Speaker 2: think her second letter just yesterday or in recent days, 99 00:06:57,960 --> 00:07:02,560 Speaker 2: saying you either don't know, oh that the Constitution actually 100 00:07:03,000 --> 00:07:06,640 Speaker 2: separates the powers of the federal government from the States, 101 00:07:06,760 --> 00:07:10,760 Speaker 2: and you, mister fed have no right interfering in the 102 00:07:10,840 --> 00:07:15,000 Speaker 2: state court prosecution of a criminal former president of the 103 00:07:15,120 --> 00:07:19,120 Speaker 2: United States or anybody else. Either you don't understand the 104 00:07:19,120 --> 00:07:23,720 Speaker 2: way the constitution works, or you're just affirmatively trying to 105 00:07:23,840 --> 00:07:29,480 Speaker 2: obstruct justice and try to help Trump avoid accountability. Which 106 00:07:29,680 --> 00:07:33,120 Speaker 2: is it? So she's not giving an inch, and now 107 00:07:33,160 --> 00:07:35,720 Speaker 2: we have to see what the next move might be. 108 00:07:36,440 --> 00:07:40,480 Speaker 1: So let's pretend for a moment that Jim Jordan isn't 109 00:07:40,520 --> 00:07:43,240 Speaker 1: moving from a place of obstruction and malice and an 110 00:07:43,280 --> 00:07:47,800 Speaker 1: accomplice after the fact, what authority and what position would 111 00:07:47,800 --> 00:07:54,840 Speaker 1: he be coming from in order to demand information from 112 00:07:54,880 --> 00:07:58,840 Speaker 1: the Fulton County DA on information on a case that 113 00:07:59,000 --> 00:08:01,960 Speaker 1: is in Georgia. I just want folks to understand again, 114 00:08:02,200 --> 00:08:07,480 Speaker 1: these are state crimes. Right that she has indicted Donald 115 00:08:07,520 --> 00:08:13,400 Speaker 1: Trump and the other seventeen co conspirators on are state crimes. 116 00:08:14,000 --> 00:08:18,560 Speaker 1: Jim Jordan is the chairman of the House Judiciary Committee. 117 00:08:18,560 --> 00:08:21,720 Speaker 1: So tell me how this would make sense if, in fact, 118 00:08:21,800 --> 00:08:25,920 Speaker 1: Jim Jordan wasn't just trying to obstruct the law, or 119 00:08:26,040 --> 00:08:28,160 Speaker 1: is there an avenue for that to make sense? 120 00:08:28,840 --> 00:08:31,480 Speaker 2: Yeah, I don't think I'm creative enough to come up 121 00:08:31,480 --> 00:08:34,920 Speaker 2: with a legitimate argument as to why this makes sense. 122 00:08:35,160 --> 00:08:39,120 Speaker 2: Here is the best Jim Jordan has. He can say, 123 00:08:39,880 --> 00:08:45,400 Speaker 2: you know, the prosecutor's office in Georgia receives some federal funds, 124 00:08:45,440 --> 00:08:50,960 Speaker 2: some federal grants, some federal money, and in our oversight capacity, 125 00:08:51,520 --> 00:08:56,680 Speaker 2: we want to question members or representatives of the Fulton 126 00:08:56,720 --> 00:09:00,880 Speaker 2: County District Attorney's office just to make sure that these 127 00:09:00,960 --> 00:09:05,640 Speaker 2: federal funds are being spent appropriately and aren't being you know, 128 00:09:05,840 --> 00:09:13,320 Speaker 2: misallocated to bring an inappropriate prosecution against the former federal official. 129 00:09:13,400 --> 00:09:15,920 Speaker 2: As those words come out of my mouth, I don't 130 00:09:15,920 --> 00:09:20,200 Speaker 2: believe them because it's bs. But that really is the 131 00:09:20,240 --> 00:09:25,520 Speaker 2: only sort of legitimate potential hook Jim Jordan can hang 132 00:09:25,600 --> 00:09:29,559 Speaker 2: his hat on demanding information from Fawnie Willis. 133 00:09:29,440 --> 00:09:32,679 Speaker 1: Now, because Jim Jordan has the ability to just ignore 134 00:09:32,760 --> 00:09:39,839 Speaker 1: subpoenas apparently with and face no criminal responsibility or contempt 135 00:09:39,960 --> 00:09:44,240 Speaker 1: or anything like that, tell us where what position Fannie 136 00:09:44,240 --> 00:09:47,720 Speaker 1: Willis finds herself in. As she is putting out now 137 00:09:47,760 --> 00:09:53,079 Speaker 1: her second letter essentially stating that you are acting in 138 00:09:53,760 --> 00:09:59,400 Speaker 1: the way of obstruction to my case, what could possibly 139 00:09:59,720 --> 00:10:01,360 Speaker 1: happen with her Yeah. 140 00:10:01,400 --> 00:10:03,400 Speaker 2: So if I were Fannie Willis, I would be doing 141 00:10:03,440 --> 00:10:07,000 Speaker 2: precisely what she's doing. I would be standing on the 142 00:10:07,120 --> 00:10:13,080 Speaker 2: Constitution's separation separation of powers. Right. The Tenth Amendment says, 143 00:10:13,520 --> 00:10:19,200 Speaker 2: the powers enumerated to the federal government are few, they 144 00:10:19,280 --> 00:10:23,920 Speaker 2: are limited, and all of the other powers are reserved 145 00:10:24,160 --> 00:10:28,040 Speaker 2: for the states or the people. And I would stand 146 00:10:28,200 --> 00:10:32,000 Speaker 2: on that separation of powers. So here is the next 147 00:10:32,040 --> 00:10:35,920 Speaker 2: play for Jordan. He can try to subpoena her, and 148 00:10:36,000 --> 00:10:38,319 Speaker 2: if she refuses to comply, I don't know if he's 149 00:10:38,360 --> 00:10:41,960 Speaker 2: technically issued a subpoena or they've just been sending letters 150 00:10:42,000 --> 00:10:44,000 Speaker 2: back and forth at this point. And then if she 151 00:10:44,120 --> 00:10:47,480 Speaker 2: refuses to apply and stands on the separation of powers 152 00:10:47,720 --> 00:10:50,560 Speaker 2: as provided by the Constitution, he can then move it 153 00:10:50,600 --> 00:10:54,439 Speaker 2: into court to try to have the court enforce the subpoena, 154 00:10:54,679 --> 00:10:57,840 Speaker 2: which he did up in New York when Alvin Bragg 155 00:10:58,120 --> 00:11:00,720 Speaker 2: told him to, you know, stick your subpoena, you know awhere, 156 00:11:01,640 --> 00:11:04,920 Speaker 2: And then there was some negotiating and Alvin Bragg ended 157 00:11:05,000 --> 00:11:10,040 Speaker 2: up presenting some information to Jordan and to his committee. 158 00:11:10,120 --> 00:11:13,280 Speaker 2: So I assume this will probably move into the courts, 159 00:11:13,280 --> 00:11:15,920 Speaker 2: and then we'll have to have a court decide if 160 00:11:15,960 --> 00:11:19,040 Speaker 2: this is a righteous subpoena or if it's a violation 161 00:11:19,320 --> 00:11:23,280 Speaker 2: of the separation of powers and the subpoena is being 162 00:11:23,440 --> 00:11:28,080 Speaker 2: used nefariously by Jim Jordan to try to obstruct a 163 00:11:28,160 --> 00:11:29,360 Speaker 2: state court prosecution. 164 00:11:29,840 --> 00:11:32,960 Speaker 1: And what court would that go through? Would that be Georgia, 165 00:11:33,000 --> 00:11:36,319 Speaker 1: would it be Washington d C. Where Jim Jordan supposedly 166 00:11:36,520 --> 00:11:41,040 Speaker 1: is right as the chairman, Like, what circuit would that 167 00:11:41,120 --> 00:11:44,360 Speaker 1: be moving through if he chooses to make that move. 168 00:11:44,760 --> 00:11:47,240 Speaker 2: It's a great question. I think technically you might be 169 00:11:47,320 --> 00:11:50,160 Speaker 2: able to bring it in both DC and in Georgia. 170 00:11:50,320 --> 00:11:53,080 Speaker 2: But if we look at New York as a guide, 171 00:11:54,120 --> 00:11:59,680 Speaker 2: I believe Jordan and the committee filed in New York 172 00:11:59,720 --> 00:12:01,920 Speaker 2: because I know it was a New York State New 173 00:12:01,960 --> 00:12:05,200 Speaker 2: York federal judge that took up the question of the 174 00:12:05,360 --> 00:12:09,800 Speaker 2: enforceability of Jordan's subpoena when he was subpoenaing stuff from 175 00:12:09,840 --> 00:12:14,040 Speaker 2: Alvin Bragg trying to interfere in the New York prosecution. 176 00:12:14,280 --> 00:12:17,199 Speaker 2: So it may very well be a Georgia federal court 177 00:12:17,400 --> 00:12:20,160 Speaker 2: will take this up if it if it gets that far. 178 00:12:20,640 --> 00:12:23,120 Speaker 1: I mean, but you know, here's here's what I have 179 00:12:23,240 --> 00:12:28,840 Speaker 1: seen at least outside of of the Cannon Court, is 180 00:12:28,880 --> 00:12:32,520 Speaker 1: that you know, it is clear that these judges, regardless 181 00:12:32,559 --> 00:12:36,520 Speaker 1: of who they've been appointed by, are really not interested 182 00:12:36,640 --> 00:12:40,439 Speaker 1: in frivolousness, right, Like, so what what even if you know, 183 00:12:40,520 --> 00:12:42,920 Speaker 1: let's let's shake the crystal ball for a minute, even 184 00:12:42,960 --> 00:12:45,520 Speaker 1: if it were to go up through the courts, is 185 00:12:45,559 --> 00:12:48,760 Speaker 1: there a strong enough case or does this look kind 186 00:12:48,800 --> 00:12:54,680 Speaker 1: of like all of Donald Trump's attorney's attempts to slow 187 00:12:54,760 --> 00:12:58,000 Speaker 1: things down or to obstruct where it's a waste of 188 00:12:58,000 --> 00:12:58,839 Speaker 1: the court's time. 189 00:12:59,360 --> 00:13:01,520 Speaker 2: Yeah, it's a great question. I do think the courts 190 00:13:01,559 --> 00:13:06,520 Speaker 2: have held strong on for example, all of the election challenges. 191 00:13:07,120 --> 00:13:11,480 Speaker 2: They held strong when Judge Aleen Cannon literally abused her 192 00:13:11,600 --> 00:13:15,760 Speaker 2: judicial authority. Not my opinion, that's what the Eleventh Circuit 193 00:13:15,760 --> 00:13:20,320 Speaker 2: Court of Appeals ruled. She abused her judicial authority and 194 00:13:20,360 --> 00:13:23,360 Speaker 2: did an enormous favor for Donald Trump that the law 195 00:13:23,440 --> 00:13:26,680 Speaker 2: did not allow. By and large, the federal courts have 196 00:13:26,800 --> 00:13:31,240 Speaker 2: held fairly strong. I have a feeling though this is 197 00:13:31,280 --> 00:13:35,839 Speaker 2: probably slightly different than Trump and his lawyers filing frivolous 198 00:13:36,240 --> 00:13:41,240 Speaker 2: federal suits or cases. And here's what I predict will happen. 199 00:13:41,920 --> 00:13:44,880 Speaker 2: Sort of much of what we saw in New York 200 00:13:44,960 --> 00:13:48,000 Speaker 2: when okay, there was a little bit of negotiating, and 201 00:13:48,360 --> 00:13:52,600 Speaker 2: ultimately Alvin Bragg provided some information, you know, probably that 202 00:13:52,640 --> 00:13:56,280 Speaker 2: had something to do with federal money, federal grants, federal 203 00:13:56,320 --> 00:14:00,000 Speaker 2: funds that were being used by the New York District 204 00:14:00,200 --> 00:14:04,640 Speaker 2: Attorney's office, because that's actually a legitimate area for oversight. 205 00:14:04,960 --> 00:14:07,920 Speaker 2: But we all know that's not what Jim Jordan is doing. 206 00:14:08,240 --> 00:14:11,520 Speaker 2: Has Jim Jordan subpoena district attorneys from the other forty 207 00:14:11,640 --> 00:14:14,920 Speaker 2: nine states to find out how federal funds and grant 208 00:14:14,960 --> 00:14:19,440 Speaker 2: money are being used, of course not because they're not 209 00:14:19,680 --> 00:14:24,760 Speaker 2: prosecuting his political benefactor, Donald Trump. So this is as 210 00:14:24,920 --> 00:14:27,240 Speaker 2: transparent as it gets. 211 00:14:27,560 --> 00:14:33,960 Speaker 1: Okay, well, let's shift gears now and move over to 212 00:14:34,560 --> 00:14:38,760 Speaker 1: Jack Smith. Now, what we have seen of Jack Smith 213 00:14:38,920 --> 00:14:43,120 Speaker 1: and his cases is that most recently, he is trying 214 00:14:43,120 --> 00:14:48,160 Speaker 1: to present to Judge chuck In, who is overseeing the 215 00:14:48,960 --> 00:14:55,680 Speaker 1: January sixth case, a potential gag order for Donald Trump, 216 00:14:55,800 --> 00:14:59,760 Speaker 1: who let me just remark and say that if Donald 217 00:14:59,800 --> 00:15:02,720 Speaker 1: Trum for anybody else other than a person with the 218 00:15:02,800 --> 00:15:06,360 Speaker 1: name Donald Trump, Donald Trump would be in jail. He 219 00:15:06,440 --> 00:15:10,200 Speaker 1: has threatened judges, he has threatened law clerks, he has 220 00:15:10,280 --> 00:15:17,760 Speaker 1: threatened jurors, he has weaponized his social media platforms and 221 00:15:17,800 --> 00:15:21,640 Speaker 1: put people in harm's way. There is no way that 222 00:15:21,720 --> 00:15:24,440 Speaker 1: if he was not the former twice impeached president of 223 00:15:24,480 --> 00:15:27,040 Speaker 1: the United States, that he would be out right now. 224 00:15:28,080 --> 00:15:31,040 Speaker 1: So now here comes Jack Smith working to try and 225 00:15:31,160 --> 00:15:35,600 Speaker 1: get a gag order. Talk to us about this, because 226 00:15:35,640 --> 00:15:40,760 Speaker 1: what we've seen is these limited gag orders. Judge anger On, 227 00:15:40,880 --> 00:15:44,680 Speaker 1: I feel like I'm maybe butchering his name put one 228 00:15:44,720 --> 00:15:48,520 Speaker 1: in place, not for himself, but after Donald Trump posted 229 00:15:48,560 --> 00:15:52,600 Speaker 1: the picture of his law clerk with Chuck Schumer. So 230 00:15:52,640 --> 00:15:54,880 Speaker 1: what do you make of this? 231 00:15:55,760 --> 00:15:59,240 Speaker 2: You know, it's about time somebody imposed a gag order 232 00:15:59,440 --> 00:16:03,280 Speaker 2: on Donald Trump. And as much as I think in 233 00:16:03,320 --> 00:16:07,240 Speaker 2: the moment, we were all celebrating the fact that some 234 00:16:07,480 --> 00:16:12,960 Speaker 2: judge stepped up and tried to protect somebody from Donald 235 00:16:13,040 --> 00:16:18,640 Speaker 2: Trump's dangerous, indeed often deadly rhetoric by imposing a gag order, 236 00:16:19,240 --> 00:16:23,400 Speaker 2: there was a momentary celebration there. But Danielle, it highlights 237 00:16:23,480 --> 00:16:29,800 Speaker 2: the extreme injustice and the unequal application of the rule 238 00:16:29,840 --> 00:16:34,160 Speaker 2: of law. And here's how Donald Trump, as you just cataloged, 239 00:16:34,480 --> 00:16:41,360 Speaker 2: has been endangering witnesses, grand jurors, prosecutors, judges, and all 240 00:16:41,440 --> 00:16:44,440 Speaker 2: of their respective family members. And he's been doing it 241 00:16:44,720 --> 00:16:50,000 Speaker 2: with impunity. But what happens when somebody close to a judge, 242 00:16:50,480 --> 00:16:56,160 Speaker 2: somebody that a judge obviously feels very protective about his 243 00:16:56,360 --> 00:16:59,640 Speaker 2: law clerk, gets put in harm's way by a Donald 244 00:16:59,680 --> 00:17:05,240 Speaker 2: Trump instant gag order. Well, isn't it not? See I'm 245 00:17:05,240 --> 00:17:08,280 Speaker 2: not laying into Judge Ngeron here because he did the 246 00:17:08,359 --> 00:17:12,439 Speaker 2: right thing. But it highlights that if you're close to 247 00:17:12,560 --> 00:17:16,560 Speaker 2: a judge, if a judge feels protective about you, in 248 00:17:16,720 --> 00:17:22,480 Speaker 2: particular instant gag order, no motions and replies and oppositions 249 00:17:22,640 --> 00:17:26,840 Speaker 2: and oral arguments and decisions, and written a snap gag 250 00:17:27,080 --> 00:17:31,879 Speaker 2: order to protect somebody that the judge feels protective about. 251 00:17:31,920 --> 00:17:37,679 Speaker 2: How about we feel protective regarding the witnesses Donald Trump 252 00:17:37,760 --> 00:17:41,680 Speaker 2: is endangering every day and the jurors and the prosecutors 253 00:17:41,840 --> 00:17:45,880 Speaker 2: and their family, just the way Judge Ngern felt protective 254 00:17:46,359 --> 00:17:49,560 Speaker 2: of his law clerk. And how about we use the 255 00:17:49,640 --> 00:17:52,600 Speaker 2: rule of law as it was intended to be used, 256 00:17:53,040 --> 00:17:56,920 Speaker 2: and we gag Donald Trump from endangering all those other 257 00:17:56,960 --> 00:18:00,320 Speaker 2: people who maybe aren't so close to the judge. You know, 258 00:18:00,400 --> 00:18:04,359 Speaker 2: you can see that there's more injustice than there is 259 00:18:05,000 --> 00:18:08,600 Speaker 2: justice right in this snap gag order that was issued 260 00:18:08,840 --> 00:18:11,600 Speaker 2: by Judge Ngeround. But the silver lining, which I'm always 261 00:18:11,640 --> 00:18:15,520 Speaker 2: looking for, and sometimes it's peeking out behind the big 262 00:18:15,640 --> 00:18:19,439 Speaker 2: dark cloud that is Donald Trump, the silver lining is 263 00:18:19,480 --> 00:18:22,560 Speaker 2: I think this will make it even easier for Judge 264 00:18:22,640 --> 00:18:25,240 Speaker 2: Chuckkin on Monday. I'll be in the courtroom when this 265 00:18:25,560 --> 00:18:30,680 Speaker 2: argument is held to impose a far more sweeping gag order. 266 00:18:31,000 --> 00:18:35,760 Speaker 2: Because even after Jack Smith filed the motion with Judge 267 00:18:35,840 --> 00:18:39,240 Speaker 2: Chuckin seeking a broader gag order, what did Donald Trump 268 00:18:39,280 --> 00:18:43,360 Speaker 2: do said that one of the really compelling witnesses against him, 269 00:18:43,440 --> 00:18:47,480 Speaker 2: General Mark Milly, should be executed Danielle. If a defendant 270 00:18:47,520 --> 00:18:51,160 Speaker 2: on release in four felony cases ever threatened to witness, 271 00:18:51,240 --> 00:18:54,560 Speaker 2: that person would be in pre trial detention so fast 272 00:18:54,840 --> 00:18:57,919 Speaker 2: it would make their head spin. And this is the 273 00:18:58,000 --> 00:19:04,560 Speaker 2: continued failure of our institutions of government to take responsibility 274 00:19:04,920 --> 00:19:08,560 Speaker 2: for a president, former president, who continues to try to 275 00:19:08,680 --> 00:19:12,640 Speaker 2: kill our democracy. And I wish I had an explanation 276 00:19:13,200 --> 00:19:16,040 Speaker 2: for why we are allowing it to go. 277 00:19:15,920 --> 00:19:19,040 Speaker 1: On, because, honestly, Glenn, I mean, I just want to 278 00:19:19,040 --> 00:19:21,360 Speaker 1: remind folks, because you've talked about this for so many 279 00:19:21,440 --> 00:19:26,119 Speaker 1: years on this show. But like you have prosecuted, you know, 280 00:19:26,320 --> 00:19:31,560 Speaker 1: mob bosses, drug lords, you know, murderers. If any of 281 00:19:31,600 --> 00:19:35,520 Speaker 1: those people involved in rico cases that you've tried over 282 00:19:35,520 --> 00:19:39,440 Speaker 1: the last thirty years need any of the things that 283 00:19:39,600 --> 00:19:45,119 Speaker 1: Donald Trump has done, stated said at rallies on social media, 284 00:19:45,160 --> 00:19:46,639 Speaker 1: what would happen to that person? 285 00:19:47,359 --> 00:19:50,959 Speaker 2: They would be in pre trial detention instantly. Because the 286 00:19:51,080 --> 00:19:55,640 Speaker 2: standard to detain somebody pending trial if they're on release 287 00:19:55,840 --> 00:20:00,720 Speaker 2: in a federal felony case is is there clear and 288 00:20:00,800 --> 00:20:04,120 Speaker 2: convincing evidence that the person poses a danger to any 289 00:20:04,200 --> 00:20:07,679 Speaker 2: person or to the community. The answer to that is 290 00:20:07,720 --> 00:20:11,960 Speaker 2: a resounding yes. Donald Trump poses a danger to witnesses 291 00:20:12,000 --> 00:20:15,160 Speaker 2: and judges and prosecutors and their family members and jurors 292 00:20:15,400 --> 00:20:19,800 Speaker 2: and you name it. And so you know, anybody else, 293 00:20:20,040 --> 00:20:24,280 Speaker 2: anybody else would be instantly pending trial. Not only that, 294 00:20:24,680 --> 00:20:28,160 Speaker 2: he's also on pre trial release presently, and he has 295 00:20:28,200 --> 00:20:31,640 Speaker 2: been violating the terms of his release with impunity. That's 296 00:20:31,680 --> 00:20:35,600 Speaker 2: a reason to revoke his pre trial release. Separate and 297 00:20:35,680 --> 00:20:38,840 Speaker 2: apart from whether he's a danger to the community and 298 00:20:38,880 --> 00:20:42,840 Speaker 2: a flight risk, he is either unable or unwilling to 299 00:20:42,960 --> 00:20:46,040 Speaker 2: abide by conditions of release. There are so many reasons 300 00:20:46,040 --> 00:20:49,479 Speaker 2: to detain impending trial, not the least of which is 301 00:20:49,600 --> 00:20:53,040 Speaker 2: it will end up taking away his megaphone. It will 302 00:20:53,040 --> 00:20:55,960 Speaker 2: bring the temperature of the country down, It will give 303 00:20:56,480 --> 00:21:00,840 Speaker 2: it will give the people some hope of a fair 304 00:21:00,880 --> 00:21:05,919 Speaker 2: and impartial jury being impaneled to try the case against him. 305 00:21:06,119 --> 00:21:11,440 Speaker 2: You know, and our system of government, our institutions, refuse 306 00:21:11,600 --> 00:21:15,760 Speaker 2: to take responsibility and do what the law really demands. 307 00:21:15,800 --> 00:21:16,800 Speaker 2: They're just ignoring it. 308 00:21:17,119 --> 00:21:21,399 Speaker 1: I mean, Glenn, is it the belief then that the 309 00:21:21,520 --> 00:21:26,760 Speaker 1: risk of putting Donald Trump in pre trial tension is 310 00:21:26,960 --> 00:21:29,800 Speaker 1: greater than letting him be free? Do you know what 311 00:21:29,840 --> 00:21:30,200 Speaker 1: I'm saying? 312 00:21:30,400 --> 00:21:32,919 Speaker 2: It doesn't yet, But it doesn't matter. It doesn't matter 313 00:21:32,960 --> 00:21:36,199 Speaker 2: what the risk is because here and I agree with you, 314 00:21:36,280 --> 00:21:41,960 Speaker 2: that there are people who are taking extraneous factors, factors 315 00:21:41,960 --> 00:21:45,680 Speaker 2: that have nothing to do with the law and the facts. 316 00:21:46,119 --> 00:21:50,280 Speaker 2: Extraneous factors. I often call it politics, but it's not 317 00:21:50,359 --> 00:21:55,919 Speaker 2: really politics. It is perhaps, you know, national security, Like, 318 00:21:56,359 --> 00:22:00,280 Speaker 2: won't people you know, flood the won't his supporters flood 319 00:22:00,320 --> 00:22:04,320 Speaker 2: the streets and start shooting? Okay, here's the thing that 320 00:22:04,359 --> 00:22:06,480 Speaker 2: would be horrific, And I don't ever want to see 321 00:22:06,520 --> 00:22:10,600 Speaker 2: that happen in America. But it doesn't matter because you 322 00:22:10,800 --> 00:22:16,879 Speaker 2: do not make prosecutorial decisions based on extraneous factors, because 323 00:22:16,920 --> 00:22:21,119 Speaker 2: once you do, the rule of law means nothing because 324 00:22:21,160 --> 00:22:24,600 Speaker 2: you're no longer applying it as it was intended to 325 00:22:24,640 --> 00:22:27,200 Speaker 2: be applied. I'm not going to say I don't care 326 00:22:27,560 --> 00:22:29,679 Speaker 2: if his supporters take up arms. I don't think they 327 00:22:29,720 --> 00:22:33,360 Speaker 2: will because they are by and large weaken, cowardly people. Yes, 328 00:22:33,400 --> 00:22:35,320 Speaker 2: some of them are well armed, but I don't think 329 00:22:35,320 --> 00:22:37,880 Speaker 2: they're going to put them in themselves in harm's way 330 00:22:38,119 --> 00:22:41,640 Speaker 2: if Donald Trump is detained pending trial. But we are 331 00:22:41,680 --> 00:22:45,200 Speaker 2: putting the nation in harm's way if we don't apply 332 00:22:45,320 --> 00:22:48,040 Speaker 2: the law as it was intended to be applied and 333 00:22:48,080 --> 00:22:50,040 Speaker 2: detain Donald Trump pending trial. 334 00:22:53,240 --> 00:22:56,359 Speaker 1: With a couple of minutes that we have left, you're 335 00:22:56,400 --> 00:23:02,040 Speaker 1: going to be in court come come Monday, where Judge 336 00:23:02,080 --> 00:23:05,600 Speaker 1: Chunkin will rule. Right, I'm assuming on whether or not 337 00:23:05,760 --> 00:23:11,520 Speaker 1: to impose a larger, more encompassing gag order. 338 00:23:11,840 --> 00:23:14,920 Speaker 2: And she may not rule instantly, Okay, listen to the arguments. 339 00:23:14,920 --> 00:23:16,800 Speaker 2: She may take a couple of days, but she'll rule 340 00:23:16,840 --> 00:23:17,520 Speaker 2: pretty promptly. 341 00:23:18,200 --> 00:23:21,240 Speaker 1: So what would that can can you just walk us 342 00:23:21,280 --> 00:23:25,640 Speaker 1: through what would be included in that gag order and 343 00:23:25,680 --> 00:23:30,720 Speaker 1: then if broken, what would be what would be the penalty? 344 00:23:31,280 --> 00:23:36,440 Speaker 2: Yeah, I suspect I obviously don't know how Judge chuck 345 00:23:36,520 --> 00:23:41,360 Speaker 2: In will fashion any restriction on Donald Trump's speech and posts, 346 00:23:41,400 --> 00:23:45,879 Speaker 2: but I suspect it will be you may not speak 347 00:23:45,920 --> 00:23:52,840 Speaker 2: publicly or post publicly about witnesses, prosecutors, court or court 348 00:23:52,920 --> 00:23:58,359 Speaker 2: staff family members in a way that good could be 349 00:23:58,440 --> 00:24:03,879 Speaker 2: perceived as threatening, intimidating, harassing. And then she's going to 350 00:24:03,920 --> 00:24:06,840 Speaker 2: have to fashion a number of restrictions to prevent him 351 00:24:07,320 --> 00:24:12,160 Speaker 2: from infecting the jury pool, from continuing to flood the 352 00:24:12,480 --> 00:24:15,399 Speaker 2: you know, the airwaves and continue to spew into the 353 00:24:15,440 --> 00:24:19,479 Speaker 2: public square disinformation that you know, the people who are 354 00:24:19,480 --> 00:24:22,320 Speaker 2: going to be jurors, they're absorbing it, they're hearing it, 355 00:24:22,440 --> 00:24:24,639 Speaker 2: you know. And so she's going to have to find 356 00:24:24,680 --> 00:24:29,080 Speaker 2: some creative way to limit Donald Trump's ability to poison 357 00:24:29,119 --> 00:24:31,119 Speaker 2: the jury pool. And the other thing that was just 358 00:24:31,160 --> 00:24:33,600 Speaker 2: taken up in a recent motion filed by Jack Smith 359 00:24:34,200 --> 00:24:40,439 Speaker 2: is with respect to once the jurors come into the courtroom, 360 00:24:40,960 --> 00:24:45,040 Speaker 2: the hundreds of them who are summoned into you know, 361 00:24:45,080 --> 00:24:50,679 Speaker 2: for jury selection, what Donald Trump may not do. For example, 362 00:24:50,840 --> 00:24:54,760 Speaker 2: this is what Jack Smith just filed emotion regarding they said. Look, 363 00:24:54,840 --> 00:24:59,800 Speaker 2: you can look at social media and look at any 364 00:25:00,000 --> 00:25:04,960 Speaker 2: publicly available information. For example, if jurors are posting publicly 365 00:25:05,480 --> 00:25:09,800 Speaker 2: things about themselves, but you can't contact them, you can't 366 00:25:09,840 --> 00:25:14,040 Speaker 2: communicate with them, you can't friend them trying to draw 367 00:25:14,160 --> 00:25:17,120 Speaker 2: more information out of them. And you can't have your 368 00:25:17,200 --> 00:25:21,480 Speaker 2: cruddy associates like Roger Stone and Steve Bannon and these 369 00:25:21,520 --> 00:25:26,160 Speaker 2: other knuckleheads. You can't have them friend them or communicate 370 00:25:26,200 --> 00:25:28,879 Speaker 2: them with them as your surrogates, et cetera, et cetera. 371 00:25:29,080 --> 00:25:32,760 Speaker 2: These are perilous times for jurors as much as anybody else. 372 00:25:32,800 --> 00:25:35,680 Speaker 2: So Judge Chuckin, who is up to the task. I 373 00:25:35,760 --> 00:25:38,040 Speaker 2: used to try murder cases against her back in the day, 374 00:25:38,680 --> 00:25:40,640 Speaker 2: and I've been in her court more recently as she's 375 00:25:40,680 --> 00:25:43,959 Speaker 2: presided over Jay six cases. She's up to the task. 376 00:25:45,000 --> 00:25:48,560 Speaker 2: But it's going to be challenging to fashion the kind 377 00:25:48,600 --> 00:25:51,600 Speaker 2: of you know, narrowly tailored restrictions on his speech and 378 00:25:51,720 --> 00:25:55,159 Speaker 2: his posts that will accomplish all of this, but that 379 00:25:55,240 --> 00:25:57,040 Speaker 2: won't run a foul of the First Amendment. 380 00:26:00,119 --> 00:26:03,560 Speaker 1: If this happens, Glenn, he violates it. 381 00:26:03,560 --> 00:26:08,880 Speaker 2: He will violate then what well, Judge chuck In, don't 382 00:26:08,880 --> 00:26:13,479 Speaker 2: play she will probably. Now let me tell you, in 383 00:26:13,520 --> 00:26:16,720 Speaker 2: my experience, I have had lots of people violate conditions 384 00:26:16,720 --> 00:26:19,760 Speaker 2: that were set by the court, both pre trial and 385 00:26:20,000 --> 00:26:22,639 Speaker 2: like post trial when they were in a probationary status. 386 00:26:23,440 --> 00:26:27,520 Speaker 2: Judges ordinarily like to give a defendant one stern warning, 387 00:26:27,680 --> 00:26:32,000 Speaker 2: a good finger wag, and then says, if you do 388 00:26:32,160 --> 00:26:37,680 Speaker 2: it again, here are the consequences up to an including 389 00:26:38,119 --> 00:26:40,720 Speaker 2: you will be revoked on release and you will be 390 00:26:40,840 --> 00:26:47,000 Speaker 2: detained pending trial. And it's in that way they basically 391 00:26:47,040 --> 00:26:50,080 Speaker 2: put the keys to the jail cell in the defendant's hand, 392 00:26:50,640 --> 00:26:53,920 Speaker 2: and they warn them, if you violate the condition one 393 00:26:54,000 --> 00:26:57,959 Speaker 2: more time, I will lock you up. Your freedom is 394 00:26:58,000 --> 00:27:01,520 Speaker 2: in your hands, not mine. I would suspect now there 395 00:27:01,520 --> 00:27:04,560 Speaker 2: may be an intram money fine, which doesn't matter because 396 00:27:04,560 --> 00:27:08,400 Speaker 2: he'll just grift more money from his base pay the fine. 397 00:27:08,600 --> 00:27:12,639 Speaker 2: But I suspect that is the direction in which we're heading, 398 00:27:12,720 --> 00:27:15,720 Speaker 2: and it's only a question of how quickly we get there. 399 00:27:16,160 --> 00:27:19,880 Speaker 2: I do think, I do think there's a very real 400 00:27:19,960 --> 00:27:23,080 Speaker 2: possibility that Donald Trump will end up in a jail cell, 401 00:27:23,200 --> 00:27:26,520 Speaker 2: not just after he is convicted and sentenced, but while 402 00:27:26,560 --> 00:27:27,560 Speaker 2: he is pending trial. 403 00:27:29,040 --> 00:27:32,240 Speaker 1: And last question for you, last last question, the ordering 404 00:27:32,320 --> 00:27:36,399 Speaker 1: of this actual trial happening. What are we looking at? It? 405 00:27:36,440 --> 00:27:37,879 Speaker 1: Is it March? I forget? 406 00:27:37,920 --> 00:27:41,040 Speaker 2: What is the March fourth? Yeah, March fourth, jury selection 407 00:27:41,240 --> 00:27:46,560 Speaker 2: begins in DC. As of right now, May twentieth is 408 00:27:46,760 --> 00:27:50,640 Speaker 2: the trial date for the document's trial down in Florida. 409 00:27:50,680 --> 00:27:53,960 Speaker 2: But Trump's lawyers have been yelling and screaming and whining 410 00:27:54,000 --> 00:27:57,399 Speaker 2: about wanting to continue that. We will see if Trump 411 00:27:57,440 --> 00:28:02,080 Speaker 2: appoint e Judge Aleen Cannon caters and cowtows to Donald 412 00:28:02,080 --> 00:28:06,040 Speaker 2: Trump and moves that trial date or holds fast with 413 00:28:06,119 --> 00:28:10,280 Speaker 2: that May trial date. I don't think Judge Chutkin will 414 00:28:10,359 --> 00:28:12,960 Speaker 2: move the March trial date. It might slip a couple 415 00:28:13,040 --> 00:28:16,000 Speaker 2: of weeks if there are some exigent circumstances. But I 416 00:28:16,000 --> 00:28:18,600 Speaker 2: think we're going to see a trial this winter into 417 00:28:18,720 --> 00:28:22,720 Speaker 2: early spring, and that will result in Donald Trump's first 418 00:28:22,720 --> 00:28:23,560 Speaker 2: criminal conviction. 419 00:28:24,560 --> 00:28:28,439 Speaker 1: And we have Cheeseboro and Powell, and that is still 420 00:28:28,440 --> 00:28:30,200 Speaker 1: slated for the end of this. 421 00:28:30,240 --> 00:28:34,480 Speaker 2: Month, October twenty third, they begin jury' selection unless one 422 00:28:34,600 --> 00:28:39,280 Speaker 2: or both of them plead guilty, and then the question 423 00:28:39,520 --> 00:28:43,400 Speaker 2: is how many other defendants in that what started out 424 00:28:43,440 --> 00:28:46,560 Speaker 2: as a nineteen code offend in case one pledged guilty recently, 425 00:28:46,600 --> 00:28:50,160 Speaker 2: and he will undoubtedly testify against Sidney Powell because they 426 00:28:50,240 --> 00:28:53,920 Speaker 2: were charged with some crimes in common. The question is 427 00:28:53,960 --> 00:28:56,200 Speaker 2: how many more of these plea offers that we know 428 00:28:56,960 --> 00:29:00,280 Speaker 2: Fannie Willis has extended to other defendants are accepted? Did 429 00:29:00,280 --> 00:29:03,760 Speaker 2: how many defendants drop out, plead guilty, flip and cooperate, 430 00:29:03,920 --> 00:29:05,520 Speaker 2: and how many are left to go to trial? 431 00:29:06,160 --> 00:29:09,000 Speaker 1: All right, well, Glenn, we will leave it there today 432 00:29:09,160 --> 00:29:12,440 Speaker 1: and hopefully get back to you soon to get a 433 00:29:12,440 --> 00:29:14,720 Speaker 1: better sense. As the month goes on. In these the 434 00:29:14,800 --> 00:29:19,280 Speaker 1: jury selection begins and chunk and rules to see where 435 00:29:19,320 --> 00:29:21,720 Speaker 1: we land, and I hope it will land Donald Trump 436 00:29:21,800 --> 00:29:24,640 Speaker 1: in prison. Let me just say that, but we appreciate 437 00:29:24,680 --> 00:29:25,800 Speaker 1: you as always. 438 00:29:26,240 --> 00:29:31,000 Speaker 2: Thanks Danielle. 439 00:29:32,120 --> 00:29:34,840 Speaker 1: That is it for me today. Dear friends on woke 440 00:29:34,880 --> 00:29:38,080 Speaker 1: a f as always, Power to the people and to 441 00:29:38,280 --> 00:29:42,960 Speaker 1: all the people. Power, get woke and stay woke as fuck.