1 00:00:01,240 --> 00:00:01,680 Speaker 1: Welcome. 2 00:00:01,720 --> 00:00:05,600 Speaker 2: It is verdict with Senator Ted Cruz, Ben Ferguson with you, Senator. 3 00:00:05,760 --> 00:00:09,000 Speaker 2: It was a massive ruling from the Supreme Court on 4 00:00:09,200 --> 00:00:13,520 Speaker 2: trump immunity and there are a lot of questions now 5 00:00:13,560 --> 00:00:15,560 Speaker 2: that people have about this ruling. 6 00:00:16,079 --> 00:00:18,439 Speaker 3: Well, this was a major victory for President Trump in 7 00:00:18,480 --> 00:00:20,560 Speaker 3: the Supreme Court. It was a vote of six to three. 8 00:00:21,000 --> 00:00:24,240 Speaker 3: Chief Justice Roberts wrote the majority opinion and concluded that 9 00:00:24,280 --> 00:00:28,400 Speaker 3: Trump has very broad immunity for official acts. We'll break 10 00:00:28,440 --> 00:00:31,040 Speaker 3: down exactly what that means, but one of the things 11 00:00:31,080 --> 00:00:35,040 Speaker 3: it means is that Jack Smith's prosecution is in serious, 12 00:00:35,080 --> 00:00:38,519 Speaker 3: serious trouble and likely won't be able to proceed at all. 13 00:00:38,360 --> 00:00:39,400 Speaker 1: We'll explain it all. 14 00:00:39,920 --> 00:00:41,440 Speaker 2: Yeah, And there's a lot of people that have so 15 00:00:41,520 --> 00:00:44,920 Speaker 2: many questions about presidential power now and what that means, 16 00:00:44,960 --> 00:00:47,920 Speaker 2: the extreme left going crazy on that. Will break it down. 17 00:00:48,360 --> 00:00:50,360 Speaker 2: Let me tell you real quick about Blackout Coffee. I 18 00:00:50,440 --> 00:00:51,839 Speaker 2: tell you now, it's like every day I get a 19 00:00:51,840 --> 00:00:53,320 Speaker 2: note from one of you saying, Ben, all right, I 20 00:00:53,400 --> 00:00:53,760 Speaker 2: tried it. 21 00:00:53,880 --> 00:00:54,720 Speaker 1: You're absolutely right. 22 00:00:54,800 --> 00:00:58,880 Speaker 2: Blackout Coffee is amazing coffee from a conservative company that said, 23 00:00:59,360 --> 00:01:02,760 Speaker 2: get rid the woke brands of coffee that you're drinking. Now, 24 00:01:02,800 --> 00:01:05,399 Speaker 2: this is not an average cup of coffee. This is 25 00:01:05,440 --> 00:01:08,200 Speaker 2: a premium cup of coffee. I start every morning with it. 26 00:01:08,280 --> 00:01:10,639 Speaker 2: I'm on the radio seven am. I gotta be awake, 27 00:01:10,840 --> 00:01:14,479 Speaker 2: not woke, and I want a premium cup of coffee. Well, 28 00:01:14,480 --> 00:01:16,880 Speaker 2: this coffee is one hundred percent of America and zero 29 00:01:17,080 --> 00:01:21,560 Speaker 2: percent woke. Blackout is committed to conservative values, from sourcing 30 00:01:21,560 --> 00:01:25,160 Speaker 2: of the beans to the roasting process, customer support, and shipping. 31 00:01:25,680 --> 00:01:29,360 Speaker 2: They embody true American values and they accept no compromise 32 00:01:29,520 --> 00:01:33,000 Speaker 2: on taste or quality. Now, if you've never tried Blackout Coffee, 33 00:01:33,000 --> 00:01:34,600 Speaker 2: I'm gonna make it easy and I'm gonna save you 34 00:01:34,680 --> 00:01:38,480 Speaker 2: a bunch of money. Go right now to Blackout Coffee 35 00:01:38,520 --> 00:01:43,560 Speaker 2: dot com slash verdict. That's Blackoutcoffee dot com slash verdict. 36 00:01:43,880 --> 00:01:46,240 Speaker 2: Use the cube on code vertict. You're gonna get twenty 37 00:01:46,280 --> 00:01:49,600 Speaker 2: percent off your first order, whether it's traditional coffee or 38 00:01:49,640 --> 00:01:52,000 Speaker 2: flavored coffee. Or if you travel a lot like I 39 00:01:52,040 --> 00:01:54,800 Speaker 2: do and you want to take premium instant coffee. That 40 00:01:55,040 --> 00:01:56,720 Speaker 2: is been a game changer for me. I take it 41 00:01:56,760 --> 00:01:59,560 Speaker 2: with me everywhere on the road and you're gonna love it. 42 00:01:59,560 --> 00:02:02,800 Speaker 2: So get twenty percent off your first order Blackoutcoffee dot 43 00:02:02,800 --> 00:02:07,440 Speaker 2: com slash verdict. That's Blackoutcoffee dot com slash verdict. Be Awake, 44 00:02:07,560 --> 00:02:10,320 Speaker 2: not Woke, use the promo code Verdict for twenty percent 45 00:02:10,400 --> 00:02:11,799 Speaker 2: off your first order. 46 00:02:12,480 --> 00:02:12,760 Speaker 1: Center. 47 00:02:12,880 --> 00:02:14,280 Speaker 2: I rarely say this. I don't even know where to 48 00:02:14,360 --> 00:02:17,639 Speaker 2: start with this ruling. So there's two aspects. There's one 49 00:02:17,720 --> 00:02:20,600 Speaker 2: the ruling itself, and I guess we should probably start there. 50 00:02:21,000 --> 00:02:23,760 Speaker 2: What does this mean? And then we'll get into the 51 00:02:23,800 --> 00:02:27,720 Speaker 2: politics of it afterwards. But the Supreme Court overwhelmingly said 52 00:02:27,760 --> 00:02:32,560 Speaker 2: that ex presidents have substantial protection from prosecution. 53 00:02:33,120 --> 00:02:35,480 Speaker 3: Well, that's right, and let me just explain a little 54 00:02:35,480 --> 00:02:38,600 Speaker 3: bit of the ruling. So the Supreme Court laid out 55 00:02:38,800 --> 00:02:43,880 Speaker 3: three categories of presidential action. It said, Number one, presidential 56 00:02:44,000 --> 00:02:50,880 Speaker 3: action that is within the president's exclusive constitutional authority. There 57 00:02:50,919 --> 00:02:53,960 Speaker 3: is absolute immunity. So what does that mean. That means 58 00:02:54,000 --> 00:02:58,919 Speaker 3: powers that the Constitution gives directly to the president. Things 59 00:02:59,000 --> 00:03:01,200 Speaker 3: like being the commander in chief of the armed forces, 60 00:03:01,280 --> 00:03:06,359 Speaker 3: things like granting a pardon, things like nominating a judge, 61 00:03:06,360 --> 00:03:09,200 Speaker 3: things like firing a cabinet member. All of those are 62 00:03:09,919 --> 00:03:12,239 Speaker 3: matters that are given to the exclusive authority of the 63 00:03:12,280 --> 00:03:15,760 Speaker 3: President of the United States and the second category of 64 00:03:15,760 --> 00:03:19,440 Speaker 3: the court laid out are presidential powers that are shared 65 00:03:19,480 --> 00:03:25,320 Speaker 3: with Congress, and in that instance, the court says the 66 00:03:25,320 --> 00:03:28,800 Speaker 3: president has immunity there also, but it did not decide 67 00:03:28,840 --> 00:03:33,880 Speaker 3: whether the immunity is absolute or presumptive, and presumptive beings. 68 00:03:33,919 --> 00:03:38,280 Speaker 3: You presume that there's immunity, but the prosecution could lay 69 00:03:38,280 --> 00:03:40,520 Speaker 3: out a strong enough case to overcome that immunity, and 70 00:03:40,560 --> 00:03:43,600 Speaker 3: it leaves that question open, so that's not decided. The 71 00:03:43,680 --> 00:03:50,600 Speaker 3: third category are unofficial actions and unofficial actions not exercising 72 00:03:50,640 --> 00:03:53,600 Speaker 3: the power of the presidency. Those have no immunity whatsoever. 73 00:03:54,800 --> 00:03:55,400 Speaker 1: And what the. 74 00:03:55,400 --> 00:03:59,640 Speaker 3: Court then did is remanded the case all the way 75 00:03:59,680 --> 00:04:02,720 Speaker 3: back to the trial court for the trial court to 76 00:04:02,720 --> 00:04:06,480 Speaker 3: figure out which of the actions that are alleged in 77 00:04:06,520 --> 00:04:09,520 Speaker 3: the indictment fall into which category. 78 00:04:10,560 --> 00:04:13,480 Speaker 2: That is, to break us down Layman's terms means they 79 00:04:13,520 --> 00:04:15,680 Speaker 2: they basically said, you guys didn't do it right. You 80 00:04:15,720 --> 00:04:18,279 Speaker 2: didn't even categorize it correctly. We're sending it back to 81 00:04:18,320 --> 00:04:21,440 Speaker 2: you do your paperwork the right way, in essence, and 82 00:04:21,520 --> 00:04:22,839 Speaker 2: then start all over. 83 00:04:23,480 --> 00:04:26,160 Speaker 3: Yes, but but it's not quite as harsh as that. 84 00:04:26,360 --> 00:04:28,560 Speaker 3: This is something courts do all the time, and in particular, 85 00:04:28,600 --> 00:04:30,520 Speaker 3: look the court is laying out a new test here. 86 00:04:31,120 --> 00:04:34,880 Speaker 3: So anytime the court is laying out new rules, it 87 00:04:35,000 --> 00:04:38,960 Speaker 3: is commonplace to send the case back to the lower 88 00:04:38,960 --> 00:04:42,680 Speaker 3: court to apply those rules, to figure out what those 89 00:04:42,800 --> 00:04:46,120 Speaker 3: rules mean with respect to the specific case. And part 90 00:04:46,160 --> 00:04:48,880 Speaker 3: of the reason is the way our appellate system works 91 00:04:49,480 --> 00:04:53,640 Speaker 3: is courts of appeals review decisions and judgments made by 92 00:04:53,680 --> 00:04:56,919 Speaker 3: the lower courts, and so it is an exercise of 93 00:04:57,000 --> 00:04:59,359 Speaker 3: judicial restraint to say, let's let the lower court figure 94 00:04:59,360 --> 00:05:03,279 Speaker 3: this out first and then will review any arguments of 95 00:05:03,480 --> 00:05:04,400 Speaker 3: error on appeal. 96 00:05:04,960 --> 00:05:08,719 Speaker 2: So this is why the timeline is significant, right with 97 00:05:08,760 --> 00:05:09,920 Speaker 2: the election coming up. 98 00:05:10,400 --> 00:05:14,440 Speaker 3: Yes, and so one almost certain outcome is there will 99 00:05:14,480 --> 00:05:18,080 Speaker 3: be no trial on Jack Smith's case on January sixth, 100 00:05:18,120 --> 00:05:21,400 Speaker 3: before election day? Did that there simply isn't time. It's 101 00:05:21,480 --> 00:05:24,000 Speaker 3: before the district judge. She's going to have to go through. 102 00:05:24,000 --> 00:05:27,400 Speaker 3: This is going to be very complicated legal analysis. Both 103 00:05:27,400 --> 00:05:29,640 Speaker 3: sides are going to present arguments as to what is 104 00:05:30,080 --> 00:05:33,320 Speaker 3: what is an exclusive official act which is absolutely immune, 105 00:05:33,839 --> 00:05:36,320 Speaker 3: What is an official act whether that is entitled to 106 00:05:36,320 --> 00:05:39,840 Speaker 3: presumptive immunity or absolute immunity, and what is not an 107 00:05:39,880 --> 00:05:42,080 Speaker 3: official act that is entitled to no immunity, and that 108 00:05:42,200 --> 00:05:46,880 Speaker 3: is going to be action by action, and it will 109 00:05:46,920 --> 00:05:49,320 Speaker 3: be I think Jack Smith is going to have a 110 00:05:49,440 --> 00:05:51,680 Speaker 3: very difficult time having any of us case survive. 111 00:05:52,520 --> 00:05:55,680 Speaker 2: When you look at Jack Smith and you mentioned any 112 00:05:55,680 --> 00:05:58,599 Speaker 2: of his case surviving, this case was clearly brought to 113 00:05:58,800 --> 00:06:01,640 Speaker 2: either put Trump in jail, tie him up in court, 114 00:06:01,720 --> 00:06:05,280 Speaker 2: interfere with the election. Could they even go forward with 115 00:06:05,320 --> 00:06:08,880 Speaker 2: this case if hypothetically Donald Trump does win the presidency 116 00:06:09,000 --> 00:06:12,200 Speaker 2: all over again, would that affect the case or basically 117 00:06:12,320 --> 00:06:15,240 Speaker 2: kill the case? And if he loses, what's the point 118 00:06:15,240 --> 00:06:17,160 Speaker 2: of moving forward because he's no longer in theory of 119 00:06:17,200 --> 00:06:19,400 Speaker 2: threats to the Democratic Party being the president? Is that 120 00:06:19,480 --> 00:06:21,600 Speaker 2: another reason just to say, all right, well, we did 121 00:06:21,600 --> 00:06:23,160 Speaker 2: what we need to do. We wanted to accuse him 122 00:06:23,160 --> 00:06:24,800 Speaker 2: of a bunch of things and throw jell ou at 123 00:06:24,839 --> 00:06:25,640 Speaker 2: a wall. 124 00:06:25,839 --> 00:06:31,320 Speaker 3: So theoretically the case could proceed in either instance. However, 125 00:06:32,400 --> 00:06:36,760 Speaker 3: if Trump loses, You're right, the urgency of the case 126 00:06:36,760 --> 00:06:41,240 Speaker 3: from the perspective of the Democrat partisans is reduced. If 127 00:06:41,279 --> 00:06:43,840 Speaker 3: Trump wins, this case is over and it doesn't have 128 00:06:43,880 --> 00:06:46,320 Speaker 3: to be over, by the way, But when Trump is 129 00:06:46,360 --> 00:06:50,600 Speaker 3: sworn in on January twentieth, twenty twenty five. The instant 130 00:06:50,640 --> 00:06:52,960 Speaker 3: he's sworn in, he has the authority to direct the 131 00:06:53,000 --> 00:06:56,960 Speaker 3: Department of Justice dismiss the case. The Attorney General works 132 00:06:56,960 --> 00:07:03,120 Speaker 3: for him, and I fully expect at twelve oh one 133 00:07:03,440 --> 00:07:07,400 Speaker 3: on January twentieth, new President Trump will instruct the Department 134 00:07:07,440 --> 00:07:12,320 Speaker 3: of Justice dismiss both of these prosecutions. They were political prosecutions. 135 00:07:12,320 --> 00:07:14,320 Speaker 3: They should not have been brought, and you are to 136 00:07:14,360 --> 00:07:17,400 Speaker 3: go to court as the prosecutor and say we're dismissing 137 00:07:17,400 --> 00:07:17,920 Speaker 3: our claims. 138 00:07:18,680 --> 00:07:22,360 Speaker 2: Bill Barr, who has been very critical of the president, 139 00:07:22,640 --> 00:07:25,600 Speaker 2: he even came out and said this former US Attorney 140 00:07:25,640 --> 00:07:28,040 Speaker 2: General obviously about the immunity decision. 141 00:07:28,040 --> 00:07:29,320 Speaker 1: I want to get your reaction to that. 142 00:07:29,680 --> 00:07:32,559 Speaker 4: Let me ask you first off about what this case 143 00:07:32,600 --> 00:07:37,560 Speaker 4: comes down to. The Donald Trump has absolute immunity from 144 00:07:37,640 --> 00:07:42,200 Speaker 4: criminal prosecution, but only for official acts. Is it going 145 00:07:42,240 --> 00:07:44,520 Speaker 4: to be up to a lower court than the determined 146 00:07:44,560 --> 00:07:45,160 Speaker 4: the difference. 147 00:07:45,920 --> 00:07:46,360 Speaker 5: That's right. 148 00:07:46,400 --> 00:07:49,720 Speaker 6: I think this was a very sensible decision that I 149 00:07:49,720 --> 00:07:53,000 Speaker 6: think most lawyers familiar with this area expected, which is 150 00:07:53,040 --> 00:07:56,080 Speaker 6: this went up to the court in a very abstract posture, 151 00:07:56,680 --> 00:07:59,280 Speaker 6: which was the government's very broad assertion there was no 152 00:07:59,320 --> 00:08:03,200 Speaker 6: immunity whatsoever, what the Court saying here is no, there's 153 00:08:03,520 --> 00:08:07,400 Speaker 6: absolute immunity when he's acting directly under the Constitution, carrying 154 00:08:07,400 --> 00:08:11,400 Speaker 6: out a function under the Constitution. There is presumptive immunity 155 00:08:11,400 --> 00:08:14,520 Speaker 6: when he performs an official act, and the government has 156 00:08:14,560 --> 00:08:16,760 Speaker 6: the burden of showing that it can prosecute him for 157 00:08:16,800 --> 00:08:20,360 Speaker 6: that without impairing the executive function. And finally, there's no 158 00:08:20,440 --> 00:08:26,000 Speaker 6: immunity for unofficial or private acts, I think. And the 159 00:08:26,040 --> 00:08:29,480 Speaker 6: practical effect of this is that the District Court is 160 00:08:29,520 --> 00:08:30,760 Speaker 6: going to do what it really should have done at 161 00:08:30,800 --> 00:08:33,160 Speaker 6: the beginning, which the government really should have had it due, 162 00:08:33,200 --> 00:08:36,240 Speaker 6: which is due the analysis. So the facts are going 163 00:08:36,320 --> 00:08:39,120 Speaker 6: up to the Supreme Court. So as a practical matter, 164 00:08:39,160 --> 00:08:40,920 Speaker 6: there's not going to be a trial of this case 165 00:08:41,000 --> 00:08:41,840 Speaker 6: before the election. 166 00:08:42,600 --> 00:08:45,400 Speaker 2: That's the ballgame, right, I mean, this is another massive 167 00:08:45,440 --> 00:08:46,360 Speaker 2: victory for Trump. 168 00:08:46,920 --> 00:08:50,080 Speaker 3: It is a massive victory for Trump, and now the 169 00:08:50,120 --> 00:08:51,880 Speaker 3: District Court is going to have to sort it out. 170 00:08:52,000 --> 00:08:54,679 Speaker 3: But let's talk a little bit about what those categories 171 00:08:54,760 --> 00:08:57,760 Speaker 3: mean and why the court drew that distinction. And let's 172 00:08:57,800 --> 00:09:01,160 Speaker 3: start with Category three. Private acts. There are all sorts 173 00:09:01,200 --> 00:09:05,200 Speaker 3: of things that are private accident for which there is 174 00:09:05,240 --> 00:09:10,560 Speaker 3: no immunity. If Joe Biden wandered outside the White House 175 00:09:10,880 --> 00:09:13,880 Speaker 3: and saw a man walking on the street and pulled 176 00:09:13,880 --> 00:09:16,320 Speaker 3: out a gun and shot him. That would have no 177 00:09:16,360 --> 00:09:20,120 Speaker 3: immunity because that's a private act. That's not exercising an authority, 178 00:09:20,160 --> 00:09:23,400 Speaker 3: a power of the president. That's just committing murder. If 179 00:09:24,080 --> 00:09:31,200 Speaker 3: a president sexually assaulted an inturn, say, that would have 180 00:09:31,240 --> 00:09:34,240 Speaker 3: no immunity because that's also not a presidential power. That's 181 00:09:34,280 --> 00:09:39,520 Speaker 3: not exercising presidential authority. That's committing a private wrong. If 182 00:09:39,520 --> 00:09:44,760 Speaker 3: a president committed, say, perjury or obstruction of justice. Let's say, hypothetically, 183 00:09:44,800 --> 00:09:47,720 Speaker 3: a president named William Jefferson Clinton, who was facing a 184 00:09:47,720 --> 00:09:50,320 Speaker 3: civil lawsuit went into the civil lawsuit. 185 00:09:49,880 --> 00:09:50,720 Speaker 1: And lied. 186 00:09:52,320 --> 00:09:58,080 Speaker 3: That lie under oath about his sexual activities. That is 187 00:09:58,120 --> 00:10:00,000 Speaker 3: in no way of shape or form an official act. 188 00:10:00,200 --> 00:10:04,320 Speaker 3: That is a private act. Under this decision, that president 189 00:10:04,360 --> 00:10:08,600 Speaker 3: could be prosecuted for perjury or obstruction of justice if 190 00:10:08,640 --> 00:10:12,560 Speaker 3: he goes and hides the dress with evidence of his 191 00:10:13,280 --> 00:10:17,959 Speaker 3: sexual activity and obstructs an investigation into it, that could 192 00:10:18,040 --> 00:10:21,200 Speaker 3: likewise be prosecuted. All of those are private acts. 193 00:10:21,240 --> 00:10:21,760 Speaker 1: There's no. 194 00:10:23,200 --> 00:10:29,360 Speaker 3: There's no presidential power being carried out there. The court's reasoning, 195 00:10:29,440 --> 00:10:33,800 Speaker 3: so that's category three. But there's very little, if anything 196 00:10:33,840 --> 00:10:38,040 Speaker 3: in jack Smith's indictment that arguably falls into that category. 197 00:10:38,240 --> 00:10:43,240 Speaker 3: This is not private misconduct. Category one, the category that 198 00:10:43,280 --> 00:10:46,720 Speaker 3: the Court says is absolutely immune. The Court focuses on 199 00:10:46,760 --> 00:10:49,760 Speaker 3: the text of the Constitution, and actually it draws it 200 00:10:50,200 --> 00:10:53,800 Speaker 3: draws this model from a landmark decision of the Court 201 00:10:53,920 --> 00:11:00,400 Speaker 3: called Youngstown Steel and Youngstown Steel dealt with when Harry 202 00:11:00,440 --> 00:11:08,640 Speaker 3: Truman seized steel mills and Justice Robert Jackson, one of 203 00:11:08,640 --> 00:11:11,240 Speaker 3: the greatest Supreme Court justices ever to serve on the Court, 204 00:11:12,559 --> 00:11:20,040 Speaker 3: described different levels of presidential power. And he described presidential 205 00:11:20,080 --> 00:11:25,960 Speaker 3: power when the president was acting in concert with Congress, 206 00:11:25,440 --> 00:11:31,160 Speaker 3: and congressional authority said, their presidential power is at its highest. 207 00:11:32,160 --> 00:11:34,160 Speaker 3: And then he said, a second category is when the 208 00:11:34,200 --> 00:11:37,000 Speaker 3: president is acting in an area where Congress has been silent, 209 00:11:37,559 --> 00:11:40,440 Speaker 3: their presidential power is at a middle level. And a 210 00:11:40,480 --> 00:11:44,160 Speaker 3: third category is what a president is acting directly contrary 211 00:11:44,200 --> 00:11:47,199 Speaker 3: to what Congress has said, and there he says presidential 212 00:11:47,240 --> 00:11:49,920 Speaker 3: power is at its lowest because you've got two branches 213 00:11:49,960 --> 00:11:53,600 Speaker 3: in conflict. That was a model the Court drew upon 214 00:11:53,800 --> 00:12:01,560 Speaker 3: here and what the Court concluded through its reasoning from 215 00:12:01,760 --> 00:12:06,280 Speaker 3: Article two of the Constitution, which vests quote, executive power 216 00:12:06,880 --> 00:12:10,320 Speaker 3: in a president of the United States of America, which 217 00:12:10,440 --> 00:12:15,760 Speaker 3: grants the president duties of quote unrivaled gravity and breadth. 218 00:12:16,559 --> 00:12:19,160 Speaker 3: And it reason that the president's authority to act if 219 00:12:19,200 --> 00:12:22,720 Speaker 3: it stems from either an Act of Congress or from 220 00:12:22,720 --> 00:12:28,640 Speaker 3: the Constitution itself, and when acting within the constitutional authority, 221 00:12:28,640 --> 00:12:32,439 Speaker 3: the president's actions are beyond the scope of congressional or 222 00:12:32,520 --> 00:12:37,200 Speaker 3: judicial review. And the Court further held that an Act 223 00:12:37,240 --> 00:12:42,719 Speaker 3: of Congress cannot criminalize the president's actions within his exclusive 224 00:12:42,760 --> 00:12:48,280 Speaker 3: constitutional power, and that courts cannot adjudicate a criminal prosecution 225 00:12:48,480 --> 00:12:52,760 Speaker 3: examining such actions. And so the reasoning there is, listen, 226 00:12:52,800 --> 00:12:58,680 Speaker 3: if the president is exercising a power that the source 227 00:12:58,720 --> 00:13:02,880 Speaker 3: of the power is the Constitution. Congress doesn't have the 228 00:13:02,920 --> 00:13:05,760 Speaker 3: power to step in and say we're going to take 229 00:13:05,800 --> 00:13:10,040 Speaker 3: away the power that the Constitution gave you, because the 230 00:13:10,040 --> 00:13:11,960 Speaker 3: Constitution is the supreme law of the land. 231 00:13:13,120 --> 00:13:16,200 Speaker 2: So I've got like fifteen different questions, and I want 232 00:13:16,200 --> 00:13:17,959 Speaker 2: to go through these because it's the question I think 233 00:13:17,960 --> 00:13:22,680 Speaker 2: everybody's asking. Democrats when this came out, the first thing 234 00:13:22,720 --> 00:13:26,920 Speaker 2: they started fantasizing over was, fine, well, we've just gotten 235 00:13:27,480 --> 00:13:29,880 Speaker 2: a dictator and a tyrant in the White House if 236 00:13:29,880 --> 00:13:31,800 Speaker 2: Trump gets back in and do whatever he wants to 237 00:13:32,520 --> 00:13:34,560 Speaker 2: and they say, well, then you know what, if he's 238 00:13:34,600 --> 00:13:36,240 Speaker 2: going to do it, then maybe we should do it. 239 00:13:36,320 --> 00:13:39,760 Speaker 2: Let's just send sealed seam to six is a official 240 00:13:39,800 --> 00:13:42,600 Speaker 2: act to go after and just take out Donald Trump. 241 00:13:42,800 --> 00:13:46,160 Speaker 2: That was what they were talking about online. That would 242 00:13:46,240 --> 00:13:50,480 Speaker 2: not be covered under an official act. Correct, Well, it's 243 00:13:50,480 --> 00:13:53,280 Speaker 2: actually more complicated than that. And this is a hypothetical 244 00:13:53,320 --> 00:13:56,680 Speaker 2: that's been asked at several stages in the litigation. In 245 00:13:56,760 --> 00:13:59,920 Speaker 2: the Federal Court of Appeals. They asked that hypothetical to 246 00:14:00,040 --> 00:14:04,200 Speaker 2: Trump's lawyers at the Supreme Court. That example is used 247 00:14:04,559 --> 00:14:10,520 Speaker 2: by one of the descents in the Supreme Court. And look, 248 00:14:10,640 --> 00:14:16,719 Speaker 2: the reason it's complicated is because the presidency has vast authorities, 249 00:14:16,960 --> 00:14:19,640 Speaker 2: and one of those authorities is being commander in chief 250 00:14:19,680 --> 00:14:22,840 Speaker 2: of the armed forces. The president does have the power 251 00:14:22,840 --> 00:14:25,720 Speaker 2: to kill people and has always had the power to 252 00:14:25,800 --> 00:14:28,320 Speaker 2: kill people. And to be clear, every president who's ever 253 00:14:28,400 --> 00:14:31,400 Speaker 2: served has killed people. That is part of the power 254 00:14:31,440 --> 00:14:34,320 Speaker 2: commander in chief. Now you have responsibilities in terms of 255 00:14:34,360 --> 00:14:36,920 Speaker 2: how to do it. But I'll give an example. Barack 256 00:14:36,960 --> 00:14:44,080 Speaker 2: Obama order the drone killings of US citizens abroad who 257 00:14:44,080 --> 00:14:47,120 Speaker 2: were believed to be terrorists. He ordered the military said 258 00:14:47,160 --> 00:14:50,520 Speaker 2: a drone over there and blow that guy up. Now, 259 00:14:50,520 --> 00:14:52,280 Speaker 2: to be clear, Ben, if you or I did that, 260 00:14:52,320 --> 00:14:56,240 Speaker 2: we'd be prosecuted for murder. We don't have the ability 261 00:14:56,280 --> 00:14:59,320 Speaker 2: to order the drone killings of an American citizen. Barack 262 00:14:59,360 --> 00:15:03,480 Speaker 2: Obama was now charged with murder, and so part of 263 00:15:03,520 --> 00:15:07,120 Speaker 2: the reason why that hypothetical. Look, it sounds absurd, but 264 00:15:07,240 --> 00:15:13,240 Speaker 2: remember presidents are given massive authority, including literally the authority 265 00:15:13,320 --> 00:15:17,920 Speaker 2: to push a button and launch nuclear weapons that could 266 00:15:18,000 --> 00:15:19,360 Speaker 2: annihilate humanity. 267 00:15:21,200 --> 00:15:21,920 Speaker 1: It is terrified. 268 00:15:21,960 --> 00:15:24,720 Speaker 3: It's one of the reasons why Joe Biden being non 269 00:15:24,760 --> 00:15:28,440 Speaker 3: compassmentus but not being utterly unaware of what's around him 270 00:15:28,520 --> 00:15:31,560 Speaker 3: is so damn dangerous because he's the one person in 271 00:15:31,600 --> 00:15:35,880 Speaker 3: America that has the power to exterminate our species. 272 00:15:37,080 --> 00:15:40,280 Speaker 2: In the three that dissented in this ruling, one of 273 00:15:40,280 --> 00:15:42,040 Speaker 2: the examples, I want to go back to it because 274 00:15:42,080 --> 00:15:45,920 Speaker 2: the Justice Claim immunity ruling allowed Presence to poison staff 275 00:15:46,400 --> 00:15:49,960 Speaker 2: and again their example, I have Navy sealed team members 276 00:15:50,040 --> 00:15:55,360 Speaker 2: kill political rivals. The Chief Justice Roberts really pushed back hard, 277 00:15:55,480 --> 00:15:59,360 Speaker 2: saying that was nothing but fear mongering. So to be clear, 278 00:15:59,800 --> 00:16:02,880 Speaker 2: this does not give the present power to poison their staff, right. 279 00:16:04,000 --> 00:16:04,600 Speaker 1: It does not. 280 00:16:06,240 --> 00:16:09,280 Speaker 3: But all right, what are the checks that would stop 281 00:16:10,560 --> 00:16:13,360 Speaker 3: a president from ordering Seal Team six to kill a 282 00:16:13,360 --> 00:16:14,160 Speaker 3: political rival. 283 00:16:14,200 --> 00:16:14,920 Speaker 1: One of the most. 284 00:16:14,760 --> 00:16:19,640 Speaker 3: Important checks is Seal Team six could and should refuse 285 00:16:19,720 --> 00:16:23,840 Speaker 3: that order. That the military has an obligation. If there 286 00:16:23,880 --> 00:16:27,680 Speaker 3: is an order that is plainly unlawful, the military should 287 00:16:27,680 --> 00:16:30,680 Speaker 3: refuse to carry it out. And so if Joe Biden 288 00:16:30,720 --> 00:16:34,400 Speaker 3: told Seal Team six, go kill Donald Trump, which by 289 00:16:34,440 --> 00:16:37,760 Speaker 3: the way, lefties on Twitter are calling for every two minutes, 290 00:16:38,280 --> 00:16:41,120 Speaker 3: which shows you listen when you're a ttalitarian that wants 291 00:16:41,120 --> 00:16:45,480 Speaker 3: to hold power at any time. It is interesting how 292 00:16:45,520 --> 00:16:48,480 Speaker 3: revealing it is that they're immediately calling for murder. 293 00:16:50,000 --> 00:16:52,640 Speaker 1: That that says a lot. But the first check. 294 00:16:52,440 --> 00:16:57,000 Speaker 3: Would be that a blatantly unlawful order would be refused 295 00:16:57,000 --> 00:17:03,080 Speaker 3: to be carried out by the military. Secondly, if God forbid, 296 00:17:03,160 --> 00:17:07,320 Speaker 3: we had truly an abusive tyrant as president, and if 297 00:17:07,359 --> 00:17:12,560 Speaker 3: the military refused to carry it out, the next immediate 298 00:17:12,600 --> 00:17:17,720 Speaker 3: step would be impeachment. And it you would have to 299 00:17:17,800 --> 00:17:23,000 Speaker 3: assume if a president murdered his rival, that you would 300 00:17:23,000 --> 00:17:24,600 Speaker 3: see Congress and peach him immediately. 301 00:17:24,680 --> 00:17:28,800 Speaker 2: Well, even on MSNBC, they were having this conversation on 302 00:17:28,800 --> 00:17:32,200 Speaker 2: this scot of immunity ruling, and they said, in their words, 303 00:17:32,240 --> 00:17:34,919 Speaker 2: Trump could target like journalists could target. 304 00:17:35,040 --> 00:17:36,920 Speaker 1: Quote me, That's what Wallace said. 305 00:17:37,400 --> 00:17:40,000 Speaker 2: And then he said people, if he wins, will be 306 00:17:40,080 --> 00:17:41,480 Speaker 2: forced to flee the country. 307 00:17:41,560 --> 00:17:45,959 Speaker 7: Listen, frame court in Russia exists, but none of us 308 00:17:46,000 --> 00:17:47,560 Speaker 7: think that there's a rule of law there. 309 00:17:48,240 --> 00:17:50,879 Speaker 1: When you look at this hands, it just doesn't know it. 310 00:17:51,000 --> 00:17:55,360 Speaker 7: Yeah, exactly, Mark Elias. We should pull the curtain back 311 00:17:55,400 --> 00:17:57,280 Speaker 7: on what's actually happening, shouldn't we. 312 00:17:57,960 --> 00:18:00,040 Speaker 1: People are exploring. 313 00:17:59,520 --> 00:18:02,639 Speaker 7: Options to live in other countries if they think they 314 00:18:02,640 --> 00:18:06,199 Speaker 7: could be targeted for prosecution by Donald Trump, because targeting you, 315 00:18:06,400 --> 00:18:08,520 Speaker 7: or targeting me, or targeting Andrew would be an official 316 00:18:08,560 --> 00:18:10,160 Speaker 7: act based on today's decision. 317 00:18:11,800 --> 00:18:15,920 Speaker 5: Yeah, I mean they could target for criminal prosecution, they 318 00:18:15,920 --> 00:18:22,000 Speaker 5: could target or administrative investigation, the IRS, the SEC, the EPA. 319 00:18:22,640 --> 00:18:24,720 Speaker 2: I mean they're not just talking about death, they're talking 320 00:18:24,720 --> 00:18:27,360 Speaker 2: about using the president saying I'm going to target everybody 321 00:18:27,359 --> 00:18:28,919 Speaker 2: I want to and use all of the things by 322 00:18:28,920 --> 00:18:31,200 Speaker 2: the way which Democrats have done. They've used the justice system, 323 00:18:31,240 --> 00:18:33,280 Speaker 2: they use the irs of the Tea Party, for example, 324 00:18:33,560 --> 00:18:36,480 Speaker 2: They've gone after people and raid their homes. Steve Bannon's 325 00:18:36,520 --> 00:18:38,240 Speaker 2: in jail right now. The list goes on and on 326 00:18:38,280 --> 00:18:42,199 Speaker 2: and on of all the things that they're doing actually 327 00:18:42,240 --> 00:18:44,639 Speaker 2: right now before this ruling that had nothing to do 328 00:18:44,680 --> 00:18:46,359 Speaker 2: with this ruling. Now they're like, well, we're going to 329 00:18:46,440 --> 00:18:48,200 Speaker 2: have to leave the country because he's just going to 330 00:18:48,240 --> 00:18:49,080 Speaker 2: target all of us. 331 00:18:50,440 --> 00:18:54,440 Speaker 3: So I got to say, what utter garbage the two 332 00:18:54,480 --> 00:18:56,639 Speaker 3: of them. Oh, they're going to target us, the going 333 00:18:56,640 --> 00:18:59,320 Speaker 3: to targets. That's what Joe Biden is doing right now, 334 00:18:59,440 --> 00:19:03,399 Speaker 3: Joe Biden. This Justice Department is the most lawless, partisan, 335 00:19:03,880 --> 00:19:09,680 Speaker 3: weaponized abuse system of justice ever seen. The absolute irony 336 00:19:10,000 --> 00:19:12,040 Speaker 3: of those people saying, oh, Trump's gonna do that. You 337 00:19:12,040 --> 00:19:14,120 Speaker 3: know what, when he was president before, he didn't do that. 338 00:19:14,400 --> 00:19:19,600 Speaker 3: It is you, you dishonest partisan hacks that are going after 339 00:19:19,680 --> 00:19:22,040 Speaker 3: that have the four indicement against Trump. As you noted, 340 00:19:22,280 --> 00:19:27,040 Speaker 3: Steve Bannon is in jail right now. They are, Peter 341 00:19:27,119 --> 00:19:30,000 Speaker 3: Navarro is in jail right now. You're going after pro 342 00:19:30,040 --> 00:19:34,280 Speaker 3: life protesters, you're attacking, you're refusing to go after people, 343 00:19:34,280 --> 00:19:41,320 Speaker 3: are firebombing pregnancy resource centers. The absolute hypocrisy. The people 344 00:19:41,359 --> 00:19:45,320 Speaker 3: who invented weaponization are now saying, well, we're scared we'll 345 00:19:45,359 --> 00:19:49,280 Speaker 3: be targeted. It's utter garbage. You know, I got to say, 346 00:19:50,080 --> 00:19:52,399 Speaker 3: you're and my friend Jesse Kelly, he tweeted it in 347 00:19:52,440 --> 00:19:55,880 Speaker 3: response to this. I think his tweet was very insightful. 348 00:19:55,880 --> 00:19:58,800 Speaker 3: He said, you know what you call it when Scotus 349 00:19:58,800 --> 00:20:02,200 Speaker 3: reveals the president has an community and the first thought 350 00:20:02,240 --> 00:20:05,320 Speaker 3: the communists have is about using the military to execute 351 00:20:05,320 --> 00:20:12,120 Speaker 3: political opponents. In poker, that's known as a tell. For instance, 352 00:20:12,560 --> 00:20:14,560 Speaker 3: if you told me that the president could do whatever 353 00:20:14,600 --> 00:20:18,119 Speaker 3: he wanted without restriction, my very first thought would be 354 00:20:18,119 --> 00:20:23,560 Speaker 3: about firing government employees and eliminating entire federal agencies. For communists, 355 00:20:24,240 --> 00:20:28,000 Speaker 3: their thoughts go directly to murder. Again a tell. 356 00:20:29,000 --> 00:20:32,119 Speaker 2: It's a great point, and it goes back to the 357 00:20:32,119 --> 00:20:36,040 Speaker 2: insanity of all of them. They do this, and then 358 00:20:36,160 --> 00:20:38,200 Speaker 2: you know, you look at the Supreme Court and again 359 00:20:38,240 --> 00:20:41,240 Speaker 2: I go back to listen to Norm Essen on CNN 360 00:20:41,600 --> 00:20:43,240 Speaker 2: immediately after this happens. 361 00:20:43,440 --> 00:20:45,560 Speaker 1: Listen to what he says, when. 362 00:20:45,359 --> 00:20:48,480 Speaker 8: The president does it, that means it is not illegal. 363 00:20:48,600 --> 00:20:51,720 Speaker 8: So in this context, with what the court has decided, 364 00:20:52,760 --> 00:20:56,439 Speaker 8: norm does this mean that Nixon basically would have been 365 00:20:56,480 --> 00:20:59,840 Speaker 8: able to do what he did completely legally without any recourse. 366 00:21:01,960 --> 00:21:02,960 Speaker 7: You could have had. 367 00:21:04,280 --> 00:21:10,359 Speaker 9: Substantial portions of Richard Nixon's wrongdoing that drove him from 368 00:21:10,400 --> 00:21:15,679 Speaker 9: office because it was conducted from the Oval office, using 369 00:21:15,720 --> 00:21:21,440 Speaker 9: his official advisors to engage in break ins. A wide 370 00:21:21,520 --> 00:21:27,320 Speaker 9: variety of other illegal activity would have been impossible to prosecute. Essentially, 371 00:21:27,480 --> 00:21:32,840 Speaker 9: what the Supreme Court majority, again including terribly conflicted justices 372 00:21:32,880 --> 00:21:36,600 Speaker 9: who have no business sitting on this case under any 373 00:21:36,680 --> 00:21:41,000 Speaker 9: standard of judicial ethics, what they've done, Sarah, is rewrite 374 00:21:41,119 --> 00:21:44,639 Speaker 9: American history. It goes all the way back to the 375 00:21:44,680 --> 00:21:48,439 Speaker 9: founding American idea. We overthrew King George the Third because 376 00:21:48,480 --> 00:21:51,760 Speaker 9: we did not want a ruler to have this kind 377 00:21:51,760 --> 00:21:57,800 Speaker 9: of absolute immunity, and the Supreme Court has now altered that. 378 00:21:58,960 --> 00:22:02,159 Speaker 9: And we have to be honest that we're facing a 379 00:22:02,200 --> 00:22:06,040 Speaker 9: major party political candidate who has said he wants to 380 00:22:06,040 --> 00:22:09,040 Speaker 9: be a dictator on day one, he wants to assert 381 00:22:09,119 --> 00:22:14,760 Speaker 9: autocratic powers. They've just given him a license for dictatorship 382 00:22:15,800 --> 00:22:20,800 Speaker 9: within the purview of official acts. That should be extremely alarming, 383 00:22:21,240 --> 00:22:26,280 Speaker 9: and it makes this momentous election really a referendum on 384 00:22:26,359 --> 00:22:28,959 Speaker 9: the future of American democracy. 385 00:22:28,560 --> 00:22:33,000 Speaker 2: A license for dictatorship, like, come on, CNN. 386 00:22:33,320 --> 00:22:38,959 Speaker 3: What utter garbage, and again that the Freudian projection is 387 00:22:39,000 --> 00:22:43,600 Speaker 3: so utterly rich. It is Joe Biden whose Department of 388 00:22:43,720 --> 00:22:47,360 Speaker 3: Justice is targeting its political enemies. It is Joe Biden 389 00:22:48,000 --> 00:22:51,159 Speaker 3: who is engaged in rampant censorship of the free speech 390 00:22:51,880 --> 00:22:56,200 Speaker 3: of American citizens. It is Joe Biden who issued a 391 00:22:56,240 --> 00:22:59,880 Speaker 3: blatantly illegal vaccine mandate that was thrown out by the courts, 392 00:23:00,480 --> 00:23:04,600 Speaker 3: but fired thousands and thousands of active duty service men 393 00:23:04,640 --> 00:23:08,879 Speaker 3: and women, fired FBI agents, fired Border patrol agents because 394 00:23:08,880 --> 00:23:11,760 Speaker 3: they refuse to comply with his illegal vaccine mandate. And 395 00:23:11,760 --> 00:23:13,919 Speaker 3: to be clear, the court struck down his vaccine mandate, 396 00:23:15,240 --> 00:23:18,240 Speaker 3: but he had already gotten rid of the people he 397 00:23:18,280 --> 00:23:21,359 Speaker 3: wanted to get rid of. It is Joe Biden who 398 00:23:21,760 --> 00:23:25,280 Speaker 3: repeatedly issues lawless orders trying to give away a trillion 399 00:23:25,320 --> 00:23:28,480 Speaker 3: dollars in student loans that he has no legal authority 400 00:23:28,520 --> 00:23:30,400 Speaker 3: to do. He knows they'll get struck down in court, 401 00:23:30,440 --> 00:23:33,160 Speaker 3: but he's trying to buy votes. That is utterly lawless. 402 00:23:33,200 --> 00:23:36,240 Speaker 3: It is Joe Biden who, on the border is ignoring 403 00:23:36,280 --> 00:23:39,880 Speaker 3: the entirety of federal immigration law and is released, has 404 00:23:40,119 --> 00:23:43,320 Speaker 3: allowed eleven million people to come into this country illegally. 405 00:23:43,520 --> 00:23:46,719 Speaker 3: Who is ignoring the Americans who are being murdered, who 406 00:23:46,760 --> 00:23:51,040 Speaker 3: are being raped by the criminals he's releasing. And yet 407 00:23:51,160 --> 00:23:53,800 Speaker 3: you have these numbskulls go on CNN and say, oh, well, 408 00:23:53,840 --> 00:23:56,879 Speaker 3: this means Trump can be a dictator. Trump didn't do 409 00:23:56,920 --> 00:23:59,399 Speaker 3: any of that. Everything I just listed Trump actually followed 410 00:23:59,440 --> 00:24:03,480 Speaker 3: the law, He exercised his power. He implemented policies that 411 00:24:03,560 --> 00:24:07,840 Speaker 3: proved very beneficial for the American people. It is the Democrats. 412 00:24:07,880 --> 00:24:12,920 Speaker 3: And look, look when Alexandro Majorcas was impeached for utterly 413 00:24:12,960 --> 00:24:16,480 Speaker 3: defying the law, for refusing to follow immigration law, every 414 00:24:16,640 --> 00:24:20,359 Speaker 3: single Democrat in the Senate, all of them voted to 415 00:24:20,400 --> 00:24:22,520 Speaker 3: throw out the case and to hear no evidence. So 416 00:24:22,560 --> 00:24:25,600 Speaker 3: they don't care about the rule of law. They care 417 00:24:25,680 --> 00:24:31,200 Speaker 3: about power. The reason they're angry and hyperventilating is because 418 00:24:31,359 --> 00:24:35,080 Speaker 3: this case is an effort to weaponize the justice system 419 00:24:35,160 --> 00:24:37,879 Speaker 3: to stop the voters from voting to elect Donald Trump, 420 00:24:38,200 --> 00:24:41,240 Speaker 3: and this ruling they view as getting in the way 421 00:24:41,280 --> 00:24:43,359 Speaker 3: of what they want to do, which is weaponized the 422 00:24:43,520 --> 00:24:47,240 Speaker 3: justice system to subvert democracy. The irony is, he says, 423 00:24:47,480 --> 00:24:50,960 Speaker 3: this is a blow to democracy. What they're doing is 424 00:24:51,000 --> 00:24:54,320 Speaker 3: an attack on democracy, and they're frustrated that their attack 425 00:24:54,359 --> 00:24:56,320 Speaker 3: on democracy is not working. 426 00:24:57,280 --> 00:25:00,960 Speaker 2: This June marked two years since the overturn of Roe v. Wade, 427 00:25:01,160 --> 00:25:05,520 Speaker 2: and you may not realize that the number of abortions 428 00:25:05,800 --> 00:25:09,200 Speaker 2: actually increase the following year. In twenty twenty three, the 429 00:25:09,240 --> 00:25:12,440 Speaker 2: amount of abortions reach its highest level since twenty twelve, 430 00:25:12,840 --> 00:25:15,040 Speaker 2: with the abortion pill accounting for up to sixty three 431 00:25:15,080 --> 00:25:16,480 Speaker 2: percent of all abortions. 432 00:25:16,960 --> 00:25:19,640 Speaker 1: It's tragically no surprise. Now. 433 00:25:19,760 --> 00:25:22,720 Speaker 2: Preborn is an organization I want you to know about 434 00:25:22,720 --> 00:25:24,840 Speaker 2: and I want you to get involved with. They are 435 00:25:24,920 --> 00:25:28,640 Speaker 2: continuing to stand strong for women in crisis and at 436 00:25:28,720 --> 00:25:32,520 Speaker 2: risk babies. Preborn is a ministry of compassion that showers 437 00:25:32,560 --> 00:25:37,240 Speaker 2: women and babies with God's love, providing free ultrasounds to 438 00:25:37,359 --> 00:25:41,600 Speaker 2: mothers with unplanned pregnancies to introduce them to the precious 439 00:25:41,640 --> 00:25:45,280 Speaker 2: life that's growing inside of them. Here's what's amazing. When 440 00:25:45,280 --> 00:25:48,800 Speaker 2: a mother meets her baby on ultrasound, and here's that 441 00:25:48,880 --> 00:25:53,240 Speaker 2: baby's heartbeat. She is twice is likely to choose life. 442 00:25:53,920 --> 00:25:58,720 Speaker 2: Twenty eight dollars sponsors one ultrasound, and one hundred and 443 00:25:58,800 --> 00:26:04,280 Speaker 2: forty dollars help to rescue five babies. Your generous tax 444 00:26:04,320 --> 00:26:08,080 Speaker 2: deeductible donation will also help to provide women who choose 445 00:26:08,119 --> 00:26:12,479 Speaker 2: life with assistance for up to two years. So please 446 00:26:12,560 --> 00:26:16,200 Speaker 2: give give your best gift. To donate, it's very easy. 447 00:26:17,240 --> 00:26:21,720 Speaker 2: Dial pound two fifty and say the keyword baby. That's 448 00:26:22,200 --> 00:26:26,600 Speaker 2: pound two fifty. Say the keyword baby. That's pound two fifty. 449 00:26:27,160 --> 00:26:31,240 Speaker 2: Say the keyword baby. Or visit preborn dot com slash 450 00:26:31,320 --> 00:26:35,520 Speaker 2: verdict that's preborn dot com slash verdict Center. My final 451 00:26:35,640 --> 00:26:38,440 Speaker 2: question for you now is the politics of this. You 452 00:26:38,560 --> 00:26:40,720 Speaker 2: got Twitter going crazy in the left saying, all right, 453 00:26:40,720 --> 00:26:43,200 Speaker 2: we'll just take out Donald Trump, which is I thought 454 00:26:43,200 --> 00:26:46,760 Speaker 2: against law, but apparently not. You've got the media saying, well, 455 00:26:46,800 --> 00:26:48,720 Speaker 2: this means that Donald Trump, if he gets elected, is 456 00:26:48,720 --> 00:26:50,600 Speaker 2: going to be a dictator and a tyrant and he 457 00:26:50,640 --> 00:26:52,560 Speaker 2: can just lock everybody up, so people are going to 458 00:26:52,560 --> 00:26:55,920 Speaker 2: have to flee the country. And now, in a weird way, 459 00:26:56,080 --> 00:26:59,520 Speaker 2: this kind of gets the Democrats out of out of 460 00:26:59,640 --> 00:27:02,600 Speaker 2: jail free card. With the court cases which I believe 461 00:27:02,640 --> 00:27:06,240 Speaker 2: have been backfiring on them, They've only been helping every 462 00:27:06,240 --> 00:27:08,639 Speaker 2: time they go after Trump legally, it seems to help 463 00:27:08,800 --> 00:27:09,520 Speaker 2: Donald Trump. 464 00:27:10,200 --> 00:27:12,360 Speaker 1: Is this in a weird way of blessing in disguise. 465 00:27:12,440 --> 00:27:14,520 Speaker 2: Politically, for the Democrats, they can kind of just put 466 00:27:14,680 --> 00:27:17,560 Speaker 2: pause and Jack Smith can go away and Alvin Bragg 467 00:27:17,600 --> 00:27:19,080 Speaker 2: can kind of go away for a little bit, and 468 00:27:19,359 --> 00:27:20,840 Speaker 2: we just kind of have a normal election. 469 00:27:21,000 --> 00:27:24,280 Speaker 3: Now, you know, I think you may be overthinking it. 470 00:27:24,920 --> 00:27:28,120 Speaker 3: I don't think they're capable of thinking strategically or rationally 471 00:27:28,160 --> 00:27:30,359 Speaker 3: on this. They just hate him. They want to attack 472 00:27:30,440 --> 00:27:34,320 Speaker 3: him on every front. It is always about Orange Man bad, 473 00:27:34,359 --> 00:27:37,800 Speaker 3: it is always about Trump is the devil. And so 474 00:27:39,080 --> 00:27:42,000 Speaker 3: they're just gonna have You're gonna see cries of frustration. 475 00:27:42,119 --> 00:27:48,240 Speaker 3: You're gonna see tears on MSNBC. Trump winning terrifies them. Look, 476 00:27:49,080 --> 00:27:51,840 Speaker 3: these cases, the jack Smith case is not gonna proceed 477 00:27:51,920 --> 00:27:56,920 Speaker 3: before the election. It's gonna take significant time to brief 478 00:27:56,960 --> 00:28:00,399 Speaker 3: out and decide the immunity questions that now sent to 479 00:28:00,440 --> 00:28:02,840 Speaker 3: the Lower Court. And it's not clear that any of 480 00:28:02,880 --> 00:28:05,840 Speaker 3: the jack Smith case survives once you go through the 481 00:28:05,880 --> 00:28:10,240 Speaker 3: analysis of what constituted an official action, either an exclusively 482 00:28:10,240 --> 00:28:13,800 Speaker 3: official action or an official action with with shared authority 483 00:28:13,800 --> 00:28:17,399 Speaker 3: with Congress, very little, if any, of the jack Smith 484 00:28:17,560 --> 00:28:23,639 Speaker 3: indictment will survive that analysis. But and and actually, Alvin Bragg, 485 00:28:23,680 --> 00:28:25,760 Speaker 3: it's it's interesting. You know, we were supposed to have 486 00:28:25,800 --> 00:28:30,600 Speaker 3: the judicial sentencing of Trump two days before the Republican Convention. 487 00:28:31,359 --> 00:28:33,359 Speaker 3: That now is going to be delayed. And the reason 488 00:28:33,400 --> 00:28:34,919 Speaker 3: it's going to be delayed is as soon as this 489 00:28:35,000 --> 00:28:39,120 Speaker 3: decision came down, Trump's legal team asked to brief the 490 00:28:39,840 --> 00:28:44,000 Speaker 3: judge there as to why those convictions should be thrown 491 00:28:44,040 --> 00:28:48,240 Speaker 3: out under the reasoning in in this Supreme Court decision, 492 00:28:48,280 --> 00:28:50,960 Speaker 3: and and and the court said yes, that that that 493 00:28:51,120 --> 00:28:54,120 Speaker 3: the court will consider legal arguments on that question, and 494 00:28:54,280 --> 00:28:57,560 Speaker 3: that meant that the sentencing had to be delayed. And 495 00:28:57,640 --> 00:28:59,760 Speaker 3: Alvin Bragg agreed to delay the sentencing. Now, I got 496 00:28:59,840 --> 00:29:03,720 Speaker 3: to say he pretty much had to. With this decision 497 00:29:03,800 --> 00:29:06,240 Speaker 3: coming down, it is obvious that the court at least 498 00:29:06,280 --> 00:29:10,600 Speaker 3: needs to consider what is the relevance of this decision 499 00:29:11,640 --> 00:29:17,440 Speaker 3: to the convictions against Donald Trump. Now, the court said 500 00:29:17,480 --> 00:29:19,960 Speaker 3: when it was scheduling arguments that it thought that the 501 00:29:20,080 --> 00:29:22,760 Speaker 3: arguments were baseless. So I'm going to predict right now 502 00:29:23,320 --> 00:29:25,120 Speaker 3: the New York judge is going to say, no, this 503 00:29:25,360 --> 00:29:30,120 Speaker 3: that decision doesn't change anything. And it is true that 504 00:29:30,160 --> 00:29:35,120 Speaker 3: the conducted question occurred before Trump was president and so 505 00:29:35,720 --> 00:29:38,200 Speaker 3: it is in no way, shape or form an exercise 506 00:29:38,240 --> 00:29:43,480 Speaker 3: of presidential authority. And so there are lots of reasons 507 00:29:43,600 --> 00:29:48,120 Speaker 3: why the decision from the New York Trial Court is 508 00:29:48,160 --> 00:29:51,600 Speaker 3: an absolute abomination and an abuse of power, and why 509 00:29:51,640 --> 00:29:54,240 Speaker 3: it will be reversed on appeal. But it may well 510 00:29:54,320 --> 00:29:57,120 Speaker 3: be that that it's not going to be because of 511 00:29:57,200 --> 00:30:00,600 Speaker 3: this decision, because this decision concerns the the exercise of 512 00:30:00,680 --> 00:30:04,120 Speaker 3: presidential powers, and Trump was not president when the conducted 513 00:30:04,240 --> 00:30:04,920 Speaker 3: question occurred. 514 00:30:05,640 --> 00:30:07,320 Speaker 2: It's going to be interesting. We're going to be following 515 00:30:07,360 --> 00:30:09,800 Speaker 2: it here. Don't forget. We do the show Monday, Wednesday 516 00:30:09,840 --> 00:30:12,400 Speaker 2: and Friday. Make sure you hit that subscribe or auto 517 00:30:12,440 --> 00:30:15,920 Speaker 2: download button. Please share this podcast wherever you are on 518 00:30:16,000 --> 00:30:18,360 Speaker 2: social media so other people get to hear it and 519 00:30:18,400 --> 00:30:20,640 Speaker 2: the center I will see you back here Friday morning.