WEBVTT - DOJ Erases Jan 6th Cases & Pirro's Job in Jeopardy

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<v Speaker 1>This is Bloomberg Law with June Grossel from Bloomberg Radio.

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<v Speaker 2>More than three years ago, the Justice Department was touting

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<v Speaker 2>the guilty verdicts against members of the right wing Oathkeepers

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<v Speaker 2>for a plot to obstruct Congress's certification of the twenty

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<v Speaker 2>twenty presidential election. The rare seditious conspiracy verdicts were the

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<v Speaker 2>crowning achievement of an expansive prosecution effort that followed the

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<v Speaker 2>violent riots at the Capitol on January sixth of twenty

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<v Speaker 2>twenty one. But when Donald Trump took office for the

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<v Speaker 2>second time, he directed his sweeping clemency power toward the

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<v Speaker 2>more than fifteen hundred people charged in connection with the

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<v Speaker 2>January sixth attack.

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<v Speaker 3>I was very proud to pardon the j six postige.

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<v Speaker 2>And when Trump bragged about the pardons at a rally

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<v Speaker 2>about a week later, sitting behind him in the VIP

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<v Speaker 2>section was Stuart Rhodes, the leader of the oath Keepers

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<v Speaker 2>who'd been released from prison just days earlier after Trump

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<v Speaker 2>commuted his eighteen year sentence for seditious conspiracy. And now

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<v Speaker 2>the Trump administration is trying to rewrite the history of

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<v Speaker 2>the January sixth attack by dismissing the indictments against the

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<v Speaker 2>oath Keeper's hack. Federal Judge Amitt Metta, who had presided

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<v Speaker 2>over the oath Keeper's case and sentenced the defendants, criticized

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<v Speaker 2>the Justice Department, writing that the government quote asked to

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<v Speaker 2>absolve these defendants of crimes against the United States itself,

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<v Speaker 2>but he wrote that he had no choice but to

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<v Speaker 2>grant the administration's motion to dismiss Joining me is Bloomberg

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<v Speaker 2>Legal reporter Zoe Zoe tell us about the charges against

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<v Speaker 2>the oath Keepers and their significance.

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<v Speaker 1>So this was one of the highest profile cases to

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<v Speaker 1>come out of the January sixth secution effort, where members

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<v Speaker 1>of the oath Keepers, which was a right wing extremist group,

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<v Speaker 1>were charged with conspiring well in advance of January sixth,

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<v Speaker 1>not only to come to Washington to do whatever it

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<v Speaker 1>took to stop Congress from certifying the election results, but

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<v Speaker 1>also to bring guns and to stockpile them at a

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<v Speaker 1>hotel in Virginia. And the theory of that prosecution was,

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<v Speaker 1>you know, these were not people going to protest and

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<v Speaker 1>accidentally got swept up that they had been planning potentially

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<v Speaker 1>to use force and violence to stop Congress. From certifying

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<v Speaker 1>the election. This was arguably the highest profile of not

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<v Speaker 1>one of the most high profile cases. It involved charges

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<v Speaker 1>and ultimately convictions for a seditious conspiracy, which was a

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<v Speaker 1>very rarely used offense. It's you know, use of force

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<v Speaker 1>against the US government. This is more than just the

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<v Speaker 1>garden variety, so to speak, conspiracy to obstruct Congress to

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<v Speaker 1>that many people faced after January sixth, So these cases

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<v Speaker 1>were really top of mind for the Justice Department and

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<v Speaker 1>for the public's understanding of the most serious crimes that

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<v Speaker 1>were being charged in connection with what had happened on January.

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<v Speaker 2>Six and how many people were actually convicted in this

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<v Speaker 2>particular case.

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<v Speaker 1>There were several dozen I believe prosecutions related in some

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<v Speaker 1>way to the oathkeepers. But what it came down to

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<v Speaker 1>here was eight defendants who were convicted, including some of

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<v Speaker 1>seditious conspiracy, but who weren't part of the Trump pardon.

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<v Speaker 1>You might remember, on January twentieth, he takes office, he

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<v Speaker 1>issues a sweeping executive clemency action that covers almost everybody,

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<v Speaker 1>but not everybody convicted or charged in the January sixth cases,

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<v Speaker 1>and there were fourteen people who didn't get pardons, but

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<v Speaker 1>their sentences were commuted, and that included eight of the

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<v Speaker 1>remaining defendants whose cases were an issue here related to

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<v Speaker 1>the Oathkeepers case, So, you know, their cases then had

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<v Speaker 1>still been out there, they.

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<v Speaker 4>Were appealing their convictions.

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<v Speaker 1>Ultimately, the Justice Department came back and said to the

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<v Speaker 1>courts that they wished to vacate those convictions even though

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<v Speaker 1>Trump hadn't pardoned them. So those were struck, and then

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<v Speaker 1>what was left were the indictments. They were still you know,

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<v Speaker 1>on the record, criminally charged with these offenses, and that's

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<v Speaker 1>what was left for the judge to resolve here.

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<v Speaker 2>Why didn't Trump pardon them as well?

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<v Speaker 1>I don't think that he's ever publicly discussed this at length,

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<v Speaker 1>but I think the inference was that the fourteen people

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<v Speaker 1>were members of the Oathkeepers and the Proud Boys, and

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<v Speaker 1>these were the most serious, seditious conspiracy cases that the

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<v Speaker 1>Justice Department had brought. And you know, leading up to

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<v Speaker 1>Trump returning to office, there had been rumblings coming from

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<v Speaker 1>Republicans and conservatives, not just Democrats and liberals, blocking at

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<v Speaker 1>the idea that people who beat up cops, committed violence,

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<v Speaker 1>or who were convicted of these most serious offenses against

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<v Speaker 1>the United States government that they should perhaps not benefit

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<v Speaker 1>from executive clemency, and there was some infighting on the

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<v Speaker 1>right about whether that would be appropriate and acceptable, and

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<v Speaker 1>ultimately the President had a sweeping clemency action that covered

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<v Speaker 1>many people who were convicted or charged with assaulting police officers,

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<v Speaker 1>but it seemed like perhaps the seditious conspiracy cases were

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<v Speaker 1>this outlier, so he commuted the sentences. They were released

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<v Speaker 1>from prison, but didn't take that final step at the time,

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<v Speaker 1>at least to give them a full pardon.

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<v Speaker 2>Have you heard before of the Justice Department getting convictions

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<v Speaker 2>asking to have them vacated and asking to have the

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<v Speaker 2>indictments dismissed.

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<v Speaker 1>So the convictions were already vacated, the cases were up

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<v Speaker 1>on appeal, and the Justice departments asked the appeals court

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<v Speaker 1>to basically kick them back down with an order to

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<v Speaker 1>vacate them, finding it.

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<v Speaker 4>Was in the public interest.

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<v Speaker 1>The judge in the opinion that we wrote about sort

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<v Speaker 1>of notes that there wasn't much explanation as to why

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<v Speaker 1>they wanted to do that and why the DC circuits

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<v Speaker 1>signed off on that. That being said, there is just

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<v Speaker 1>a lot of prosecutorial discretion at every level of these cases.

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<v Speaker 1>So when administrations change, there are always, no matter who's

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<v Speaker 1>in charge, backtracking of prosecutorial decisions that have been made

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<v Speaker 1>by past administrations. That's certainly something we see. So what

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<v Speaker 1>was left was just that the indictments were still active.

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<v Speaker 1>You know, in theory they could vacate these convictions, but say,

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<v Speaker 1>you know, there were problems with how this prosecution happened,

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<v Speaker 1>but we're going to try them again. That was still

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<v Speaker 1>an option, or just to leave them intact, as the

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<v Speaker 1>judge said, you know, to create some record that this

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<v Speaker 1>had all happened in some official legal capacity.

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<v Speaker 2>The judge pointed out the prosecutors never admitted to any

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<v Speaker 2>prosecutorial misconduct or legal error or said that the evidence

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<v Speaker 2>was not sufficient to sustain the conviction. So was he

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<v Speaker 2>trying to say that this is not about the weaponization

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<v Speaker 2>of the Justice Department, as the Trump administration and President

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<v Speaker 2>Trump keeps claiming.

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<v Speaker 1>Basically, yes, I think he felt that he needed to

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<v Speaker 1>highlight what was a series of unusual events and you know,

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<v Speaker 1>in his mind, perplexing and surprising arguments that the government

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<v Speaker 1>ultimately made to do something that he acknowledged they have

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<v Speaker 1>the authority to do. It's just normally, he said, it's

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<v Speaker 1>because they might say, you know, we looked at the

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<v Speaker 1>evidence again, it was insufficient. We identified deficiencies with what

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<v Speaker 1>was charged, how the prosecution played out. You know, those

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<v Speaker 1>are the normal reasons that you would see the government

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<v Speaker 1>walk back a case where it's already won a conviction.

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<v Speaker 1>That didn't happen here. And the judge said, what he

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<v Speaker 1>received from the government was a couple of arguments. One

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<v Speaker 1>was to protect these defendants from harassment, that as long

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<v Speaker 1>as the indictments were on the book, the potential for

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<v Speaker 1>you know, maybe some future trial that this was harassing

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<v Speaker 1>of individuals whose sentences had been commuted and their convictions vacated.

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<v Speaker 4>The other reason that he really.

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<v Speaker 1>Took issue with was this idea that the department said,

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<v Speaker 1>there was so much publicity around these trials and prosecutions

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<v Speaker 1>that you don't need a record of criminal activity in

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<v Speaker 1>the courts. People can just go back and see what

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<v Speaker 1>happened because there was media coverage. And the judge said,

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<v Speaker 1>you know, that is not the government stance. The government

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<v Speaker 1>normally feels that. I think he said, you know, actual

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<v Speaker 1>accountability is what is in the public interests, not media

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<v Speaker 1>coverage or public attention. And then Finally, he also pointed

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<v Speaker 1>out that to say that this was in line with

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<v Speaker 1>Trump the president's intent didn't quite square with the fact

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<v Speaker 1>that the President had decided to not pardon these defendants,

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<v Speaker 1>So he also identified an incongruity in that logic. I

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<v Speaker 1>think what was really striking about this opinion June was

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<v Speaker 1>that he decided to take the opportunity to make clear

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<v Speaker 1>that he was quite disappointed and dismayed and.

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<v Speaker 4>Upset at the outcome of all of this.

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<v Speaker 1>These were cases that really consumed the Federal Court in

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<v Speaker 1>Washington for years after two thousand and one. It was

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<v Speaker 1>all encompassing, and all the judges spent countless hours reviewing

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<v Speaker 1>body camera footage from that day, evidence testimony from police

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<v Speaker 1>officers who were there, and Judge Mata and other colleagues

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<v Speaker 1>on the bench have publicly expressed their consternation at what

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<v Speaker 1>they see as a rewriting of fact of what happened

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<v Speaker 1>on January sixth, and the culpability of at least many

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<v Speaker 1>of the people who were charged and convicted or what

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<v Speaker 1>happened that day.

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<v Speaker 2>You could see almost the sort of sadness and the

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<v Speaker 2>solemnity behind this. Today's epilogue diminishes the gravity of that

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<v Speaker 2>day denigrates the work of the prosecutors law enforcement officers

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<v Speaker 2>who secured these convictions and excuses criminal acts that caused

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<v Speaker 2>a century's long pillar of our democracy, the peaceful transfer

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<v Speaker 2>presidential power to buckle. But he said, the court cannot

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<v Speaker 2>write a different ending. He had no choice. He had

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<v Speaker 2>to accept it, right.

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<v Speaker 4>And you know, his choice was to write what he wrote.

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<v Speaker 1>And he could have simply said, you know, given the

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<v Speaker 1>explanation from the government, and given the court's lack of

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<v Speaker 1>authority to supersede these types.

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<v Speaker 4>Of decisions, I grant the request.

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<v Speaker 1>I think the choice ultimately that he made was to

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<v Speaker 1>put down these words that I have to think he

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<v Speaker 1>knew would get attention and get some coverage as a

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<v Speaker 1>way of closing out, perhaps the public record of everything

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<v Speaker 1>that had happened, and maintaining an official record through the

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<v Speaker 1>legal proceeding of at least his perception of what had happened.

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<v Speaker 4>And this judge had handled.

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<v Speaker 1>This case from the very beginning, so he had been

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<v Speaker 1>there from the start and chose to express these thoughts

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<v Speaker 1>which one of the defendants already has objected to, and

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<v Speaker 1>ask that he go back and strike a lot of

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<v Speaker 1>the extra what they saw is the extra language that

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<v Speaker 1>was very unfair to their client. As the defense attorneys noted,

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<v Speaker 1>you know, as long as these convictions were on appeal,

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<v Speaker 1>they were never finalized, so there was still this presumption

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<v Speaker 1>of innocence that individuals have until it's final And they

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<v Speaker 1>argued that they would like him to strike at least

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<v Speaker 1>some of this language from the opinion in light of that, and.

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<v Speaker 2>That was a motion made to judgmenta himself.

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<v Speaker 1>That's right, that came shortly after the opinion was released.

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<v Speaker 4>A motion to strike.

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<v Speaker 1>Whether he will entertain that, we don't know, but you know,

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<v Speaker 1>certainly he has put down and it's now out there

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<v Speaker 1>for posterity, you know, his final thoughts on how this

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<v Speaker 1>all unraveled.

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<v Speaker 2>It'll be really interesting to see what happens. I mean,

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<v Speaker 2>if he refuses, is that grounds to appeal?

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<v Speaker 1>I think that would be a tough, tough appeal. You know,

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<v Speaker 1>much as the government has a lot of prosecutorial discretion,

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<v Speaker 1>the judges have certainly a lot of discretion in what

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<v Speaker 1>they write and their opinions. And barring some legal error,

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<v Speaker 1>it's tough to see what the appeal would look like there.

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<v Speaker 2>And now this is less than a month after another

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<v Speaker 2>judge had to dismiss another January sixth related case against

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<v Speaker 2>another far right group, the Proud Boys.

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<v Speaker 1>I mean, they've walked back all of the January sixth prosecution.

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<v Speaker 1>Some of the Proud Boys defendants were among those fourteen

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<v Speaker 1>individuals who didn't get pardons from the President but commutations.

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<v Speaker 1>So as judge madea notes here, you know, there were

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<v Speaker 1>these last lingering cases that needed to be resolved because

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<v Speaker 1>there weren't pardons to sort of cleanly wipe that slake

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<v Speaker 1>clean that commutations don't remove a conviction from someone's record,

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<v Speaker 1>and at that point there's sort of a debate of

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<v Speaker 1>what's appropriate to keep on the record and how much

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<v Speaker 1>does something like a commutation absolve someone of the weight

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<v Speaker 1>of a conviction.

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<v Speaker 2>And Zoe, do you know have any of the Proud

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<v Speaker 2>Boys or the Oathkeepers filed claims with the Justice Department

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<v Speaker 2>for compensation.

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<v Speaker 1>We know that several members of the Proud Boys have

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<v Speaker 1>filed a lawsuit seeking compensation that the Justice Department has

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<v Speaker 1>opposed so far, so that has not gotten anywhere in

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<v Speaker 1>terms of success on their part. We don't know there

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<v Speaker 1>haven't been lawsuits on behalf of the Oathkeepers. There have

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<v Speaker 1>been some from other January sixth defendants who were pardoned.

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<v Speaker 1>We know that several hundred hundreds of January sixth defendants

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<v Speaker 1>who got pardons have filed administrative claims. It's not clear

0:13:50.360 --> 0:13:52.319
<v Speaker 1>to me if any of the oath keepers have. It

0:13:52.320 --> 0:13:54.839
<v Speaker 1>seems like it would be unlikely until their cases were

0:13:54.880 --> 0:13:57.880
<v Speaker 1>fully resolved. So that's certainly a line of reporting that

0:13:57.960 --> 0:14:01.480
<v Speaker 1>will continue to follow. That said, you know, there are

0:14:01.520 --> 0:14:04.680
<v Speaker 1>a number of pending claims related to January six already.

0:14:05.360 --> 0:14:09.000
<v Speaker 1>And even though the Justice Department had to walk back

0:14:09.000 --> 0:14:12.600
<v Speaker 1>a plan for this one point eight billion dollar anti

0:14:12.679 --> 0:14:15.200
<v Speaker 1>weaponization fund that was seen as a way to sort

0:14:15.200 --> 0:14:19.440
<v Speaker 1>of more quickly and cleanly pay out claims to January

0:14:19.440 --> 0:14:23.600
<v Speaker 1>sixth defendants, there are existing pathways that have always been

0:14:23.640 --> 0:14:26.320
<v Speaker 1>around for folks to pursue these types of compensation claims,

0:14:26.360 --> 0:14:28.840
<v Speaker 1>and many of them had filed claims long before the

0:14:28.880 --> 0:14:31.320
<v Speaker 1>fund was announced, and we expect them to continue to

0:14:31.400 --> 0:14:35.840
<v Speaker 1>press them long after the fund is purportedly dead.

0:14:36.080 --> 0:14:36.840
<v Speaker 4>So it's very.

0:14:36.840 --> 0:14:39.960
<v Speaker 1>Much a live issue whether and how much money taxpayers

0:14:40.000 --> 0:14:43.479
<v Speaker 1>will now end up paying out to these individuals.

0:14:43.960 --> 0:14:47.560
<v Speaker 2>Is the judgment fund unlimited or is there a limited

0:14:47.600 --> 0:14:49.320
<v Speaker 2>amount of money in the fund.

0:14:49.560 --> 0:14:53.760
<v Speaker 1>Our understanding is it's always described as a permanent, indefinite appropriation,

0:14:54.560 --> 0:15:01.680
<v Speaker 1>so generally it's understood to be unlimited. I haven't come

0:15:01.720 --> 0:15:03.920
<v Speaker 1>across a case where the government has said we can

0:15:04.000 --> 0:15:07.760
<v Speaker 1>only afford to pay you so much because we've tapped

0:15:07.800 --> 0:15:10.120
<v Speaker 1>out the judgment fund this year. You don't really see

0:15:10.120 --> 0:15:14.200
<v Speaker 1>that come up. Exactly how much gets put in at

0:15:14.240 --> 0:15:18.600
<v Speaker 1>any given time, Honestly, I don't know, But our understanding

0:15:18.640 --> 0:15:21.760
<v Speaker 1>is that generally it's considered a sort of infinite pool.

0:15:22.840 --> 0:15:26.359
<v Speaker 1>Because of the Justice departments brought authority to settle claims

0:15:26.440 --> 0:15:30.800
<v Speaker 1>that are brought against the government, whether they're administrative which

0:15:30.840 --> 0:15:33.000
<v Speaker 1>means they don't play out on a public docket, or

0:15:33.120 --> 0:15:33.920
<v Speaker 1>they're brought in court.

0:15:34.680 --> 0:15:38.280
<v Speaker 2>How those January sixth claims play out is something that

0:15:38.400 --> 0:15:41.240
<v Speaker 2>we have to keep track of now. Thanks so much, Zoe.

0:15:41.600 --> 0:15:44.080
<v Speaker 2>That's Bloomberg Legal Reporters, Zoe Tillman.

0:15:44.720 --> 0:15:49.120
<v Speaker 3>We weren't necessarily thrilled with a contractor, but they did

0:15:49.120 --> 0:15:54.000
<v Speaker 3>a job and they were fixing any problems. But then

0:15:54.040 --> 0:15:57.360
<v Speaker 3>I got carried away because the judge was extremely unfriendly

0:15:57.840 --> 0:16:00.800
<v Speaker 3>to Janine, and frankly, I think she choked.

0:16:01.640 --> 0:16:06.000
<v Speaker 2>President Trump was quite forgiving of the contractor whose botched

0:16:06.040 --> 0:16:11.560
<v Speaker 2>installation caused widespread damage to the Lincoln Memorial reflecting pool,

0:16:11.920 --> 0:16:15.920
<v Speaker 2>according to the DCUs attorney, though Trump was not so

0:16:16.080 --> 0:16:20.320
<v Speaker 2>forgiving of the DCUs attorney, Janine Piro, I.

0:16:20.400 --> 0:16:24.520
<v Speaker 3>Was disappointed with Jennie Piro, really disappointed with Jennie Piro.

0:16:24.680 --> 0:16:27.960
<v Speaker 3>She folded like an umbrella.

0:16:28.600 --> 0:16:34.440
<v Speaker 2>Trump publicly criticized Piero for dismissing charges against individuals accused

0:16:34.480 --> 0:16:39.360
<v Speaker 2>of vandalizing the reflecting pool. Pierro met with Trump and

0:16:39.440 --> 0:16:45.160
<v Speaker 2>other officials, including Interior Secretary Doug Bergham, whose department oversaw

0:16:45.200 --> 0:16:49.080
<v Speaker 2>the project on Monday, but today Trump said he hadn't

0:16:49.080 --> 0:16:52.560
<v Speaker 2>decided whether to keep her as the top federal prosecutor

0:16:52.600 --> 0:16:56.440
<v Speaker 2>in Washington. Joining me is Jeff Mason Bloomberg White House

0:16:56.480 --> 0:17:00.400
<v Speaker 2>and Washington correspondent. Jeff start by telling us at the

0:17:00.440 --> 0:17:06.520
<v Speaker 2>relationship that Janine Pierrot has had with President Trump, at

0:17:06.560 --> 0:17:09.080
<v Speaker 2>least up until the last few days.

0:17:09.400 --> 0:17:12.760
<v Speaker 5>Well, they've been friends for a long time, and he

0:17:12.800 --> 0:17:14.560
<v Speaker 5>was a big fan of hers when she was on

0:17:14.720 --> 0:17:17.280
<v Speaker 5>Fox News, which was a job that she had for

0:17:17.320 --> 0:17:21.159
<v Speaker 5>a long time. And she's been a big defender of

0:17:21.240 --> 0:17:24.840
<v Speaker 5>President Trump's using that perch and then he brought her

0:17:24.840 --> 0:17:28.640
<v Speaker 5>into the administration by making her the top attorney in

0:17:28.840 --> 0:17:33.720
<v Speaker 5>the District of Columbia Washington, DC, and she has used

0:17:33.760 --> 0:17:36.959
<v Speaker 5>that perch to also really implement a lot of what

0:17:37.040 --> 0:17:40.440
<v Speaker 5>he was looking for in terms of legal cases here.

0:17:41.160 --> 0:17:43.600
<v Speaker 5>I remember one of them being and I don't know

0:17:43.640 --> 0:17:45.600
<v Speaker 5>that she would have spoken to him about it, but

0:17:45.640 --> 0:17:50.399
<v Speaker 5>it's an example of Trumpian legal procedures, I guess was

0:17:50.440 --> 0:17:54.920
<v Speaker 5>when she brought the man who had thrown his sub

0:17:54.960 --> 0:17:59.199
<v Speaker 5>sandwich against a police officer during some kind of a

0:17:59.240 --> 0:18:02.160
<v Speaker 5>protest and tried to win that case and that didn't

0:18:02.200 --> 0:18:04.920
<v Speaker 5>work out. So that's just one example that comes to mind.

0:18:04.960 --> 0:18:10.000
<v Speaker 5>But to your question, they've been longtime allies in any case,

0:18:10.160 --> 0:18:13.960
<v Speaker 5>and so it was pretty unusual a to see her

0:18:14.640 --> 0:18:17.480
<v Speaker 5>make a decision that she has to have known was

0:18:17.520 --> 0:18:21.040
<v Speaker 5>going to upset him and b for him to be

0:18:21.320 --> 0:18:24.760
<v Speaker 5>as publicly critical of her and that decision as he was.

0:18:24.840 --> 0:18:27.440
<v Speaker 5>Although I would add an addendum to that last piece,

0:18:27.480 --> 0:18:31.239
<v Speaker 5>which is we know that President Trump turns on his

0:18:31.240 --> 0:18:34.840
<v Speaker 5>own and he did that a lot during the first term.

0:18:35.280 --> 0:18:38.040
<v Speaker 5>He has done it less often during the second term,

0:18:38.200 --> 0:18:41.480
<v Speaker 5>but he has done it. He fired Pambondi, he fired

0:18:42.119 --> 0:18:45.720
<v Speaker 5>Christy Nome, the former Attorney General and the former Secretary

0:18:45.760 --> 0:18:50.480
<v Speaker 5>of Homeland Security, so he absolutely could fire Miss Pierrot,

0:18:50.800 --> 0:18:53.920
<v Speaker 5>and he might. In fact, he said, I think last

0:18:54.000 --> 0:18:56.280
<v Speaker 5>night when he was talking to reporters that he hadn't

0:18:56.280 --> 0:18:58.560
<v Speaker 5>made his decision yet, but he did not do it

0:18:58.600 --> 0:19:01.520
<v Speaker 5>after their meeting at the White House. And that seems

0:19:01.560 --> 0:19:04.760
<v Speaker 5>to be at least in part because she made her

0:19:04.840 --> 0:19:09.520
<v Speaker 5>case for why she had to withdraw the case that

0:19:09.600 --> 0:19:14.520
<v Speaker 5>he wanted, which was to pursue these these people who

0:19:14.600 --> 0:19:17.639
<v Speaker 5>they accused of being vandals and lead and of leading

0:19:17.680 --> 0:19:21.480
<v Speaker 5>them to the the breakdown of the lining on the

0:19:21.520 --> 0:19:22.280
<v Speaker 5>reflecting pool.

0:19:22.720 --> 0:19:25.879
<v Speaker 2>So I saw a video of her going into the

0:19:25.880 --> 0:19:31.199
<v Speaker 2>White House with what prosecutors normally take to court, which is,

0:19:31.240 --> 0:19:34.240
<v Speaker 2>you know, a weelly with a box of documents, and

0:19:34.480 --> 0:19:36.760
<v Speaker 2>I mean, do you know what happened in that meeting?

0:19:36.880 --> 0:19:39.600
<v Speaker 5>Well, the New York Times had a fantastic story about

0:19:39.600 --> 0:19:41.720
<v Speaker 5>what happened in that meeting. So what I know is

0:19:41.800 --> 0:19:46.200
<v Speaker 5>from from reading their terrific reporting, and that is that

0:19:46.240 --> 0:19:49.320
<v Speaker 5>she brought in that case that you were that you

0:19:49.359 --> 0:19:54.119
<v Speaker 5>were referring to, with a bunch of documents and proof

0:19:54.280 --> 0:19:59.359
<v Speaker 5>essentially that it was according to her a mess up

0:19:59.400 --> 0:20:03.120
<v Speaker 5>by the contray and therefore also the Department of Interior,

0:20:03.720 --> 0:20:07.560
<v Speaker 5>and according to the time, she accused Secretary of Interior

0:20:07.600 --> 0:20:11.840
<v Speaker 5>Doug Burgham, who was present for this meeting, of lying.

0:20:12.200 --> 0:20:16.560
<v Speaker 5>And honestly, if she did that in a way, that's

0:20:16.600 --> 0:20:20.120
<v Speaker 5>also suggesting that the President lied, although perhaps she's giving

0:20:20.200 --> 0:20:25.320
<v Speaker 5>him cover by saying he was listening to Burgham. I'm

0:20:25.320 --> 0:20:28.600
<v Speaker 5>not sure. I'm speculating a little bit there. But in

0:20:28.640 --> 0:20:31.600
<v Speaker 5>any case, she went in to press her case and

0:20:31.680 --> 0:20:34.840
<v Speaker 5>to make her case for the fact that she decided

0:20:35.280 --> 0:20:37.720
<v Speaker 5>not to continue with this case. And she did that

0:20:37.800 --> 0:20:41.119
<v Speaker 5>with the evidence apparently that was in that case that

0:20:41.160 --> 0:20:41.919
<v Speaker 5>you were referring to.

0:20:42.320 --> 0:20:45.120
<v Speaker 2>I mean, most lawyers who looked at those charges when

0:20:45.119 --> 0:20:48.480
<v Speaker 2>the indictment came out, you could see that it was

0:20:48.520 --> 0:20:50.960
<v Speaker 2>a very hard case to make out, even to make

0:20:51.000 --> 0:20:53.560
<v Speaker 2>out one thousand dollars worth of damage. It just didn't

0:20:53.560 --> 0:20:57.320
<v Speaker 2>seem like there was anything to support that in any event.

0:20:57.680 --> 0:21:01.040
<v Speaker 2>But what makes it different is she didn't just drop

0:21:01.119 --> 0:21:05.840
<v Speaker 2>the charges. She contradicted what Trump has been saying over

0:21:05.920 --> 0:21:10.440
<v Speaker 2>and over and over again that vandals caused the damage.

0:21:10.680 --> 0:21:15.800
<v Speaker 5>That's right, and that contradiction part is what is unusual,

0:21:16.000 --> 0:21:19.440
<v Speaker 5>certainly to have someone who is close to him and

0:21:19.520 --> 0:21:24.440
<v Speaker 5>a big supporter to not only contradict his Department of Interior,

0:21:24.520 --> 0:21:28.240
<v Speaker 5>but to contradict him directly, because he was clearly making

0:21:28.280 --> 0:21:32.119
<v Speaker 5>that case very publicly, and doing so in the face

0:21:32.200 --> 0:21:35.320
<v Speaker 5>of certainly a lot of questions from anyone who kind

0:21:35.320 --> 0:21:37.480
<v Speaker 5>of looked at it and thought, you know, how is

0:21:37.520 --> 0:21:41.240
<v Speaker 5>it possible that this one olympian and these three other

0:21:41.280 --> 0:21:44.760
<v Speaker 5>people could have made the damage with a box cutter

0:21:44.880 --> 0:21:48.719
<v Speaker 5>that in this massive and long reflecting pool. It just

0:21:48.760 --> 0:21:52.119
<v Speaker 5>didn't pass the logic test for a lot of people.

0:21:52.560 --> 0:21:56.000
<v Speaker 5>And yet that was not the criteria that President Trump

0:21:56.040 --> 0:22:00.199
<v Speaker 5>was using, because remember, he made promises about this, and

0:22:00.240 --> 0:22:04.080
<v Speaker 5>he made promises about it going in that his contractors

0:22:04.119 --> 0:22:05.840
<v Speaker 5>are the people that he chose were going to be

0:22:05.840 --> 0:22:09.960
<v Speaker 5>able to do this renovation of the reflecting pool for

0:22:10.119 --> 0:22:14.200
<v Speaker 5>a much cheaper than any other administration had ever done

0:22:14.280 --> 0:22:17.360
<v Speaker 5>or ever tried, and much faster and much better, all

0:22:17.359 --> 0:22:19.640
<v Speaker 5>of the things, all of the superlatives that are part

0:22:19.680 --> 0:22:24.159
<v Speaker 5>of President Trump's lexicon, he applied to this project. And

0:22:24.200 --> 0:22:26.520
<v Speaker 5>then it didn't happen. Not only it did not happen,

0:22:26.600 --> 0:22:30.160
<v Speaker 5>but it failed spectacularly. So he was looking for, as

0:22:30.160 --> 0:22:35.080
<v Speaker 5>he often does when something goes wrong, a scapegoat, and

0:22:35.320 --> 0:22:38.680
<v Speaker 5>found a convenient one in these people who had gone

0:22:38.720 --> 0:22:42.160
<v Speaker 5>by and touched or taken out some of these floating pieces.

0:22:42.640 --> 0:22:47.080
<v Speaker 5>So again that became his narrative and in you know,

0:22:47.119 --> 0:22:49.439
<v Speaker 5>and I think it's also right to note that it

0:22:49.520 --> 0:22:54.120
<v Speaker 5>was also Piro's narrative. At the very beginning. She came

0:22:54.119 --> 0:22:58.040
<v Speaker 5>out and said, as well, this is the fault of vandals,

0:22:58.040 --> 0:23:01.119
<v Speaker 5>and that's why I'm starting this case. But then, as

0:23:01.160 --> 0:23:02.920
<v Speaker 5>I've said a few times over the last few days,

0:23:03.880 --> 0:23:10.080
<v Speaker 5>the difference between after that between rhetoric that she initially used,

0:23:10.160 --> 0:23:13.040
<v Speaker 5>that the President continues to use and that Bergham continues

0:23:13.080 --> 0:23:16.520
<v Speaker 5>to use and what you can prove in court are

0:23:16.560 --> 0:23:19.920
<v Speaker 5>two completely different things. And that's what she came up against,

0:23:20.040 --> 0:23:22.600
<v Speaker 5>and that is apparently why she made the decision that

0:23:22.640 --> 0:23:23.000
<v Speaker 5>she did.

0:23:23.600 --> 0:23:27.479
<v Speaker 2>As I understand, the President is still sticking with his

0:23:27.640 --> 0:23:31.680
<v Speaker 2>contention that vandals caused the damage, even though there's been

0:23:31.720 --> 0:23:35.639
<v Speaker 2>not one iota of proof that there was vandalism on

0:23:35.720 --> 0:23:36.639
<v Speaker 2>the pool itself.

0:23:37.520 --> 0:23:39.879
<v Speaker 5>But that's his mo I mean, you're not going to

0:23:39.880 --> 0:23:44.760
<v Speaker 5>see President Donald Trump back down from that contention because

0:23:44.800 --> 0:23:48.000
<v Speaker 5>it would suggest that he was wrong. It would suggest

0:23:48.080 --> 0:23:51.720
<v Speaker 5>that he did not share the truth. It would suggest

0:23:52.040 --> 0:23:54.240
<v Speaker 5>that he was duped. Any of those three things that

0:23:54.280 --> 0:23:55.920
<v Speaker 5>I just said would not be the look that he's

0:23:55.960 --> 0:23:58.840
<v Speaker 5>looking for. He needs to have a scapegoat, and that's

0:23:58.880 --> 0:24:02.240
<v Speaker 5>what he's chosen to do. So No, he's not backing down,

0:24:02.560 --> 0:24:04.720
<v Speaker 5>and he's not backing down even now in the face

0:24:04.760 --> 0:24:09.040
<v Speaker 5>of this evidence that his own ally and the person

0:24:09.080 --> 0:24:12.520
<v Speaker 5>that he put in as the attorney here in the

0:24:12.520 --> 0:24:18.919
<v Speaker 5>District of Columbia and friend, he's doing it despite what

0:24:19.040 --> 0:24:23.600
<v Speaker 5>she has shown him. So I think the next question

0:24:23.720 --> 0:24:26.600
<v Speaker 5>is does he let that go and hold on to

0:24:26.720 --> 0:24:30.280
<v Speaker 5>her or does he decide that this was too big

0:24:30.359 --> 0:24:32.800
<v Speaker 5>of a breach and replace.

0:24:32.480 --> 0:24:35.240
<v Speaker 2>Her in any respect? Is he sending a message to

0:24:35.320 --> 0:24:40.119
<v Speaker 2>other administration officials, you know, don't dare contradict me, forget

0:24:40.200 --> 0:24:41.960
<v Speaker 2>the facts? Or do they know that already?

0:24:42.680 --> 0:24:46.680
<v Speaker 5>I think it's the latter. I think if anyone came

0:24:46.720 --> 0:24:51.920
<v Speaker 5>into this administration, into his cabinet or elsewhere working for him,

0:24:52.200 --> 0:24:56.600
<v Speaker 5>did so without knowing how he has treated high level

0:24:56.640 --> 0:24:59.560
<v Speaker 5>officials in his orbit in the past, then they would

0:24:59.600 --> 0:25:04.159
<v Speaker 5>have come in and very uninformed, and that would surprise me.

0:25:04.520 --> 0:25:08.479
<v Speaker 5>So I you know, he has surrounded himself by people

0:25:08.520 --> 0:25:12.720
<v Speaker 5>who largely do not contradict him, and so it is

0:25:12.800 --> 0:25:15.159
<v Speaker 5>what I think is kind of more interesting about this

0:25:15.240 --> 0:25:19.439
<v Speaker 5>story is that she did and did so, you know,

0:25:19.480 --> 0:25:22.600
<v Speaker 5>and did so in part to you know, defend herself

0:25:22.640 --> 0:25:24.760
<v Speaker 5>of course, and her actions and to try to keep

0:25:24.760 --> 0:25:30.240
<v Speaker 5>her job. But it is certainly not something we've seen

0:25:30.359 --> 0:25:32.440
<v Speaker 5>much of over the last year and a half during

0:25:32.480 --> 0:25:36.880
<v Speaker 5>his second term, to have someone in that orbit contradict him.

0:25:36.880 --> 0:25:38.920
<v Speaker 5>But to your question of whether he's sending a signal,

0:25:39.280 --> 0:25:42.679
<v Speaker 5>I just think those signals are already very established and

0:25:42.800 --> 0:25:46.560
<v Speaker 5>very clear from his first term and the first year

0:25:46.600 --> 0:25:48.120
<v Speaker 5>and a half of his second term. So I think

0:25:48.119 --> 0:25:50.360
<v Speaker 5>people around him know that.

0:25:50.880 --> 0:25:54.080
<v Speaker 2>Going to his decision about whether or not to fire Pierro,

0:25:54.840 --> 0:25:57.480
<v Speaker 2>a lot of people have mentioned that so far he's

0:25:57.520 --> 0:26:01.800
<v Speaker 2>only fired women. Yeah, So would that factor into his

0:26:01.880 --> 0:26:06.280
<v Speaker 2>decision at all or other people high up in the administration.

0:26:06.400 --> 0:26:08.600
<v Speaker 5>Hard to say. I think that you're right to note

0:26:08.640 --> 0:26:11.080
<v Speaker 5>the facts, and I just don't have anything to add

0:26:11.080 --> 0:26:16.960
<v Speaker 5>to those facts. He has indeed targeted primarily, if not exclusively,

0:26:17.000 --> 0:26:22.560
<v Speaker 5>women in his orbit or in his cabinet when he's

0:26:22.600 --> 0:26:27.760
<v Speaker 5>firing or putting pressure on them to leave, But that

0:26:27.800 --> 0:26:30.359
<v Speaker 5>does not mean he doesn't have other powerful women around

0:26:30.440 --> 0:26:32.800
<v Speaker 5>him who have stuck around. Exhibit A of that, of course,

0:26:33.359 --> 0:26:36.879
<v Speaker 5>is Susie Wilds, his chief of staff, who it's also

0:26:36.920 --> 0:26:40.320
<v Speaker 5>worth noting, is the first woman to serve as chief

0:26:40.359 --> 0:26:43.960
<v Speaker 5>of staff to any president, and she is extremely powerful

0:26:44.000 --> 0:26:47.160
<v Speaker 5>and he likes to emphasize that when he introduces her

0:26:47.680 --> 0:26:53.199
<v Speaker 5>at meetings and at events. But that said, it is

0:26:53.280 --> 0:26:57.000
<v Speaker 5>also one hundred percent true the people that he has

0:26:57.119 --> 0:27:02.879
<v Speaker 5>targeted in this little wave at least to firings that

0:27:02.920 --> 0:27:06.639
<v Speaker 5>we've seen this year compared to much more common practice

0:27:06.680 --> 0:27:09.440
<v Speaker 5>and bigger waves during the first term, have all been women.

0:27:10.440 --> 0:27:14.479
<v Speaker 2>They asked for a reaction from the acting Attorney General,

0:27:14.560 --> 0:27:16.680
<v Speaker 2>Todd Blanche and he said he thought Pierro was doing

0:27:16.720 --> 0:27:20.080
<v Speaker 2>a great job. Washington, d C. Is a lot safer

0:27:20.280 --> 0:27:21.919
<v Speaker 2>no small part to her effort.

0:27:22.480 --> 0:27:24.560
<v Speaker 5>I thought it was interesting that he showed that he

0:27:24.600 --> 0:27:29.800
<v Speaker 5>has her back because the acting Attorney General obviously also

0:27:29.920 --> 0:27:33.440
<v Speaker 5>wants to stay in President Trump's good graces. Number one,

0:27:33.440 --> 0:27:36.000
<v Speaker 5>he wants this job and on a permanent basis, and

0:27:36.080 --> 0:27:40.240
<v Speaker 5>wants to move on from being acting to being confirmed.

0:27:41.240 --> 0:27:46.600
<v Speaker 5>He is the President's former personal attorney and he wants

0:27:46.680 --> 0:27:51.280
<v Speaker 5>to stay in that orbit. So I think it's that

0:27:51.480 --> 0:27:57.199
<v Speaker 5>was in some part politically brave for mister Blanche to

0:27:57.240 --> 0:27:59.080
<v Speaker 5>show his support for Pierro at a time when she

0:27:59.160 --> 0:28:04.240
<v Speaker 5>is vulnerable in the Trump universe. That said, it's also

0:28:04.720 --> 0:28:07.520
<v Speaker 5>you know, he's maybe a sign that he thinks that

0:28:07.560 --> 0:28:11.560
<v Speaker 5>it's likely that she's going to stick around, and he

0:28:11.560 --> 0:28:13.200
<v Speaker 5>would wanted to show that sign of support.

0:28:14.359 --> 0:28:18.280
<v Speaker 2>And Blanche was on Capitol Hill again. Republican Senator Susan

0:28:18.320 --> 0:28:23.040
<v Speaker 2>Collins has come out against his confirmation to be attorney general,

0:28:23.160 --> 0:28:27.359
<v Speaker 2>and I think Lisa Murkowski. Is there any talk that

0:28:27.680 --> 0:28:29.920
<v Speaker 2>any other Republicans might oppose it.

0:28:30.240 --> 0:28:33.040
<v Speaker 5>Well, we don't know about Murkowski, and that's a big

0:28:33.280 --> 0:28:36.159
<v Speaker 5>question mark. We do know about Susan Collins. She has

0:28:36.200 --> 0:28:38.000
<v Speaker 5>said that she is not going to vote for him,

0:28:38.520 --> 0:28:41.960
<v Speaker 5>and that comes as she's seeking reelection in Maine, which

0:28:42.040 --> 0:28:46.240
<v Speaker 5>is a state that has absolutely been a target by

0:28:46.280 --> 0:28:51.520
<v Speaker 5>Democrats for the midterm elections and they're trying to topple

0:28:51.560 --> 0:28:56.640
<v Speaker 5>Susan Collins. And no doubt she took that into consideration

0:28:56.760 --> 0:29:00.600
<v Speaker 5>when she decided to vote against Todd Blanche. But your

0:29:00.640 --> 0:29:02.360
<v Speaker 5>right to say that he can only afford to lose

0:29:02.400 --> 0:29:06.040
<v Speaker 5>two people, So there's one more that he could potentially lose,

0:29:06.120 --> 0:29:09.320
<v Speaker 5>and that maybe Murkowski, and I'm trying to think of

0:29:09.360 --> 0:29:11.480
<v Speaker 5>what other Republicans. We're not sure if we know that

0:29:12.360 --> 0:29:17.280
<v Speaker 5>Senators Corn and Tillis, after bringing up their objections during

0:29:17.280 --> 0:29:23.040
<v Speaker 5>the committee process, had those objections addressed with regard to

0:29:23.160 --> 0:29:28.120
<v Speaker 5>the IRS Deal and the what some Democrats anyway, are

0:29:28.160 --> 0:29:30.840
<v Speaker 5>calling a slush fund, the one point eight billion dollar

0:29:30.880 --> 0:29:35.520
<v Speaker 5>payout fund for people who were felt that they were

0:29:35.520 --> 0:29:40.719
<v Speaker 5>targeted by the Department of Justice under President Biden. That

0:29:40.880 --> 0:29:45.800
<v Speaker 5>right now has gone away, although the President, i might add,

0:29:45.840 --> 0:29:47.840
<v Speaker 5>has continued to say that he still wants it. So

0:29:48.760 --> 0:29:50.840
<v Speaker 5>you didn't ask me this, but I'll mention it anyway.

0:29:50.920 --> 0:29:54.080
<v Speaker 5>That's that's you know, that's still hanging out there, despite

0:29:54.120 --> 0:29:56.160
<v Speaker 5>the fact that the acting Attorney General did put in

0:29:56.200 --> 0:29:58.600
<v Speaker 5>writing essentially that it was dead, which is what those

0:29:58.600 --> 0:30:02.920
<v Speaker 5>two Republican senators wanted to see. But to your broader question,

0:30:04.720 --> 0:30:09.360
<v Speaker 5>he's lost Collins and so it's it's gonna be close

0:30:09.520 --> 0:30:12.240
<v Speaker 5>either way, it's gonna be it's gonna be very close.

0:30:12.440 --> 0:30:15.160
<v Speaker 2>I feel like the tide is with him, though. Thanks

0:30:15.200 --> 0:30:17.920
<v Speaker 2>so much for coming on today. Jeff, and you'll have

0:30:17.960 --> 0:30:21.440
<v Speaker 2>to come back again. That's Bloomberg White House and Washington

0:30:21.480 --> 0:30:25.320
<v Speaker 2>correspondent Jeff Mason. And that's it for this edition of

0:30:25.320 --> 0:30:28.000
<v Speaker 2>The Bloomberg Law Show. Remember you can always get the

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<v Speaker 2>tune into The Bloomberg Law Show every weeknight at ten

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