WEBVTT - Trump Pleads Not Guilty - What Happens Now? 0:00:01.120 --> 0:00:04.000 Welcome. It is a verdict, was Senator Ted Cruz Ben 0:00:04.120 --> 0:00:07.960 Ferguson with you, Senator history, and a terrible way was 0:00:08.000 --> 0:00:10.840 made in America. Donald Trump, a former president United States 0:00:10.840 --> 0:00:17.600 of America, was arrested and was treated like a criminal 0:00:17.720 --> 0:00:20.440 by the media and by many people that were celebrating 0:00:20.440 --> 0:00:24.120 this day they've been fighting for since twenty sixteen. Before 0:00:24.160 --> 0:00:26.360 I even play as lawyers, I want to get your 0:00:26.400 --> 0:00:30.400 initial reaction to watching this today. Yesterday was a sad day. 0:00:31.360 --> 0:00:35.600 It was pitiful, It was an abusive power, it was partisan, 0:00:36.680 --> 0:00:39.320 and I got to say my biggest sentiment from yesterday 0:00:40.479 --> 0:00:44.519 was that it was underwhelming. You and I have been 0:00:44.560 --> 0:00:48.879 talking now for a week about this impending indictment, and 0:00:49.040 --> 0:00:53.120 we laid out the grounds on which the indictment was expected, 0:00:53.600 --> 0:00:55.320 and I got to say, a bunch of lefties on 0:00:55.360 --> 0:00:58.920 Twitter were coming after us saying, well, how can Cruz No, 0:00:59.640 --> 0:01:03.520 this can't possibly be the case. There the indictment is seen, 0:01:03.920 --> 0:01:08.840 there's more there. It reminded me of the breathless apprehension 0:01:09.760 --> 0:01:12.199 that the left had for the Muller Report. The Mulla 0:01:12.240 --> 0:01:14.680 Report was going to prove everything. I still remember you 0:01:14.680 --> 0:01:17.040 remember the S and L episode where Robert de Niro 0:01:17.120 --> 0:01:19.560 played Robert Mueller, and they ask you, you know, do 0:01:19.600 --> 0:01:21.760 you have the goods? He's like, I got I got him, 0:01:21.880 --> 0:01:25.760 I got him, And oh, every Democrat heart went pitter patter, 0:01:25.800 --> 0:01:27.400 pitter patter. It's got to be there. It's got to 0:01:27.400 --> 0:01:29.040 be there, it's got to be there. Well, for the 0:01:29.120 --> 0:01:32.120 last week, as you and I have been analyzing what 0:01:32.240 --> 0:01:36.520 was expected in this indictment, lefties on Twitter we're saying, no, no, no, 0:01:36.640 --> 0:01:41.680 you haven't seen the indictment. You don't know what's there. Well, 0:01:41.720 --> 0:01:45.240 you know what we've seen. Now we've seen the indictment, 0:01:46.200 --> 0:01:50.760 and there ain't nothing there. It was so utterly and 0:01:50.800 --> 0:01:53.600 completely underwhelming. In fact, I gotta say one of the 0:01:53.640 --> 0:01:57.920 more amusing things so on Twitter, you know what's trending, 0:01:59.440 --> 0:02:04.800 even CNN, the words even CNN, because even CNN said, 0:02:05.320 --> 0:02:10.079 all right, this is underwhelming. This ain't nothing. The entire 0:02:10.160 --> 0:02:15.320 indictment consists of thirty four counts of the same thing, 0:02:16.200 --> 0:02:18.240 and the same thing is what we've been telling you 0:02:18.320 --> 0:02:21.120 for a week it was going to be, which is 0:02:21.160 --> 0:02:24.480 a violation of New York penal law one seventy five 0:02:24.919 --> 0:02:30.040 one zero. Now, as you recall New York penal law 0:02:30.120 --> 0:02:33.639 makes it a misdemeanor to create a false business record. 0:02:34.520 --> 0:02:37.079 That misdemeanor has a two year statute of limitation. So 0:02:37.919 --> 0:02:41.399 Alvin Bragg had charged Trump on the misdemeanor, the case 0:02:41.440 --> 0:02:44.360 would be thrown out immediately because more than two years 0:02:44.360 --> 0:02:48.400 has passed since twenty sixteen. So he had to instead 0:02:49.040 --> 0:02:52.560 proceed under a different New York penal law, section one 0:02:52.720 --> 0:02:56.520 seventy five point one zero. To do that, he had 0:02:56.600 --> 0:03:00.120 to allege that it was a false business record in 0:03:00.320 --> 0:03:05.360 furtherance of another crime. That is the bootstrap through which 0:03:05.400 --> 0:03:09.079 he can elevate under New York law a misdemeanor into 0:03:09.120 --> 0:03:13.160 a felony and get a longer statute of limitations. Well, that's, 0:03:13.160 --> 0:03:15.800 in fact, exactly what he did. All thirty four counts, 0:03:15.800 --> 0:03:18.840 same thing, over and over and over again. But I 0:03:18.919 --> 0:03:23.680 got to say the amazing thing. The indictment doesn't specify 0:03:24.680 --> 0:03:27.480 what the other crime is that this was allegedly in 0:03:27.520 --> 0:03:30.880 furtherance of. In other words, it just repeats false business record, 0:03:30.880 --> 0:03:33.920 false business record, false business record, and it has the 0:03:33.960 --> 0:03:39.000 boilerplate language in furtherance of another crime. But it's almost 0:03:39.000 --> 0:03:41.000 like the district attorney said, never mind, we don't know 0:03:41.040 --> 0:03:43.240 what that other crime is. Look, you and I had 0:03:43.280 --> 0:03:46.000 speculated on this podcast what the other crime could be. 0:03:46.040 --> 0:03:49.000 It might have been. The most likely candidate was a 0:03:49.040 --> 0:03:52.480 federal campaign finance violation, which raises all sorts of problems, 0:03:52.480 --> 0:03:58.000 but that was the most likely alleged crime. Well, Alvin 0:03:58.040 --> 0:04:00.920 Bragg didn't allege that, he didn't specify what the crime is. 0:04:01.360 --> 0:04:06.920 That's truly amazing. It's underwhelming. This case is nothing but politics, 0:04:07.640 --> 0:04:09.920 and the result is it's going to be thrown out. 0:04:10.440 --> 0:04:11.880 You know. One of the interesting things that you just 0:04:11.960 --> 0:04:18.720 mentioned was the shock of how this indictment was so absurd, 0:04:19.040 --> 0:04:20.800 to the fact that he's saying, well, there was a 0:04:20.800 --> 0:04:23.039 crime that was committed, possibly, but we won't tell you 0:04:23.080 --> 0:04:24.760 what the crime is. Well, the whole point of an 0:04:24.800 --> 0:04:27.640 indictment is so that the accused knows what they're being 0:04:27.640 --> 0:04:30.760 accused of. Donald Trump went home not knowing what he 0:04:30.800 --> 0:04:34.800 was accused of, and even his lawyers when they walked 0:04:34.800 --> 0:04:38.680 out of that courtroom, they seemed to be dumbfounded at 0:04:38.680 --> 0:04:41.640 the idea that we were even at a point where 0:04:41.680 --> 0:04:44.440 you would have an indictment, a thirty four count indictment, 0:04:44.760 --> 0:04:47.159 and you still wouldn't know what the actual crime is 0:04:47.200 --> 0:04:50.360 that they're accusing of committing. And Alan Bragg's like, well, 0:04:50.400 --> 0:04:52.480 you know it could be. Well, we'll let you know. 0:04:52.640 --> 0:04:54.960 We didn't list it. We don't have to list it. 0:04:55.279 --> 0:04:57.719 Here's his attorney's trumps of trains with their own words 0:04:57.560 --> 0:05:02.320 that just happen to somebody who was the president of 0:05:02.360 --> 0:05:05.960 the United States, and UM, on the one hand, On 0:05:06.000 --> 0:05:10.160 the one hand, there's not really any surprises. UM. I 0:05:10.200 --> 0:05:11.920 know there was a lot of talk over the past 0:05:12.080 --> 0:05:15.000 several weeks, in the past several days about what's going 0:05:15.080 --> 0:05:16.839 to be in this indictment and what's going to be 0:05:16.880 --> 0:05:19.960 there that UM, we don't know. There must be something 0:05:20.000 --> 0:05:22.880 besides what we've been talking about for the past, um 0:05:23.080 --> 0:05:27.680 four or five years. There wasn't, there's nothing. The indictment 0:05:27.720 --> 0:05:33.239 itself is boiler plate. It doesn't allege, UM, any federal crime, 0:05:33.279 --> 0:05:35.919 any state crime that's been violated. It doesn't allege what 0:05:35.960 --> 0:05:39.880 the false statement is, UM. And it's really disappointing. It's sad, 0:05:40.160 --> 0:05:44.520 and we're gonna fight it. We're gonna fight it. Were 0:05:44.520 --> 0:05:47.599 you surprised, Were you surprised by anything in the adictment? No, 0:05:47.800 --> 0:05:49.680 how about you, Joe, I was surprised there were no 0:05:49.760 --> 0:05:52.880 faction there. I mean normally in an indictment have alleged facts. 0:05:52.920 --> 0:05:55.160 So they said that this was a false business record 0:05:55.240 --> 0:05:57.720 entry to the agent, but another crime. We're not seeing 0:05:57.760 --> 0:06:01.480 what the other crime was. I mean, the last thing 0:06:01.480 --> 0:06:04.119 that he said there was it's aiding ebetting another crime, 0:06:04.160 --> 0:06:05.880 and they don't list with the other crime is have 0:06:06.000 --> 0:06:09.719 you ever seen something that is basically this incomplete to 0:06:09.839 --> 0:06:12.000 charge someone, especially at the level of the President of 0:06:12.040 --> 0:06:16.839 the United States of America. Yeah, Look, maybe on a 0:06:16.880 --> 0:06:23.160 half assed indictment of someone convicted of shoplifting or joy 0:06:23.279 --> 0:06:26.680 riding in a car, but not in a high profile, 0:06:26.839 --> 0:06:30.120 serious case. Listen, the district attorney knew that everyone on 0:06:30.160 --> 0:06:32.720 earth would fly suspect this indictment. They would read it. 0:06:33.600 --> 0:06:37.240 This indictment. To be honest, a first year law student 0:06:37.240 --> 0:06:40.040 could cut and pace and produce this indictment Number one, 0:06:40.080 --> 0:06:41.960 the thirty four counts. I have to admit I was 0:06:42.040 --> 0:06:44.359 kind of curious, Okay, what are the thirty four things 0:06:44.360 --> 0:06:46.839 he's done? I didn't know about thirty four things he 0:06:46.880 --> 0:06:49.960 was alleged to have done. Well, it turns out the 0:06:49.960 --> 0:06:54.240 thirty four counts are just thirty four individual entries in 0:06:54.279 --> 0:06:59.800 the bookkeeping. So it is the same basic crime alleged 0:06:59.800 --> 0:07:03.680 to have occurred month by month by month. Also, Alvin 0:07:03.680 --> 0:07:06.800 Bragg did something quite unusual, so he released the indictment 0:07:07.360 --> 0:07:10.440 and then he released an additional document called a statement 0:07:10.440 --> 0:07:15.080 of facts. Now, usually an indictment includes some pretty specific 0:07:15.120 --> 0:07:18.400 factual allegations. This one doesn't at all. It just has 0:07:18.440 --> 0:07:23.760 the boiler plant language about false bookkeeping records in furtherance 0:07:23.840 --> 0:07:26.000 of another crime. Doesn't specify what the other crime is. 0:07:26.600 --> 0:07:29.560 The statement of facts is intended to be more of 0:07:29.560 --> 0:07:32.120 a narrative. It frankly as a media document. It was 0:07:32.160 --> 0:07:37.280 meant for media consumption, and it describes what the prosecutors 0:07:37.280 --> 0:07:40.320 think went on, and it talks about several things. One 0:07:40.320 --> 0:07:42.960 of the things that talks about is the National Inquirer 0:07:43.440 --> 0:07:47.680 and the National Enquirer their publisher David Pecker. By the way, 0:07:47.720 --> 0:07:50.320 I will say, as an aside, talk about someone named 0:07:50.360 --> 0:07:53.600 out of Charles Dickens. I'm not a fan of this 0:07:53.760 --> 0:08:02.040 particular individual. It is God has a sense of humor. 0:08:02.800 --> 0:08:06.960 But the indictment describes how Trump met with David Pecker 0:08:07.000 --> 0:08:09.760 and had a plan that the National Inquirer was going 0:08:09.800 --> 0:08:15.000 to assist in Trump's presidential campaign. Now you might like that, 0:08:15.160 --> 0:08:20.320 you might not like that, but it's not criminal. And 0:08:20.400 --> 0:08:28.040 let me be clear, I don't exactly have an absence 0:08:28.080 --> 0:08:31.840 of sentiments on this because when the National Inquirer got 0:08:31.880 --> 0:08:34.920 in bed with the Trump campaign, the first target they 0:08:34.960 --> 0:08:39.120 directed their enmity at was me. Yeah, and they ran 0:08:39.320 --> 0:08:43.000 multiple stories, the most ludicrous of which was alleging that 0:08:43.040 --> 0:08:48.640 my father had killed JFK. Look, that is part of 0:08:48.679 --> 0:08:51.840 what David Pecker made a decision. He was essentially tried 0:08:51.880 --> 0:08:54.839 to do everything he could to elect Donald Trump. So 0:08:55.040 --> 0:09:00.360 that's part of this indictment, not concerning me, thankfully, but 0:09:00.800 --> 0:09:06.200 concerning attacks on Donald Trump and people who came forward 0:09:06.240 --> 0:09:12.000 with allegations against Donald Trump, where the National Enquirer agreed 0:09:12.120 --> 0:09:17.640 to work to try to quash those stories. Now, listen, 0:09:18.200 --> 0:09:21.439 whether you like or dislike media outlets deciding they want 0:09:21.440 --> 0:09:25.120 to support a particular candidate and help them. That happens 0:09:25.120 --> 0:09:30.120 in politics all the time. Yeah, unless you're prepared to 0:09:30.200 --> 0:09:36.440 indict abcnbccbs CNN, AN MSNBC for crawling in bed and 0:09:36.520 --> 0:09:41.760 spooning with Joe Biden, then that is not in fact 0:09:41.840 --> 0:09:47.120 criminal conduct. Whether you agree or disagree with the political 0:09:47.160 --> 0:09:52.760 decision that particular media outlet makes. So the statement of 0:09:52.880 --> 0:09:57.559 facts also details a couple of different payments. Want a 0:09:57.640 --> 0:10:01.120 payment that went to Karen mc dougal for one hundred 0:10:01.160 --> 0:10:05.160 and fifty thousand dollars. Secondly, a payment that went to 0:10:05.200 --> 0:10:08.360 Stormy Daniels for one hundred and thirty thousand dollars. Now, 0:10:08.400 --> 0:10:10.480 those are both women who alleged that they had had 0:10:10.480 --> 0:10:12.480 affairs with Donald Trump. I don't know if that's true 0:10:12.520 --> 0:10:15.400 or false, but that's what they alleged, and the indictment 0:10:15.440 --> 0:10:18.319 alleged that Trump paid them one hundred and fifty thousand 0:10:18.320 --> 0:10:22.320 dollars one hundred thirty thousand dollars respectively. As we've discussed 0:10:22.320 --> 0:10:27.480 on the podcast, whether that's true or false, that's not illegal. 0:10:27.760 --> 0:10:32.079 There's no law in New York state against an individual 0:10:32.120 --> 0:10:34.080 having an affair. There's no law in New York State 0:10:34.080 --> 0:10:38.400 against an individual paying anyone involved in an affair not 0:10:38.480 --> 0:10:41.120 to talk about it publicly. That is all entirely legal. 0:10:43.000 --> 0:10:45.440 What is alleged in this statement of fact is that 0:10:45.559 --> 0:10:50.560 Michael Cohen, the personal attorney to Donald Trump, paid one 0:10:50.679 --> 0:10:54.080 hundred and thirty thousand dollars to Stormy Daniels, and that 0:10:54.320 --> 0:10:58.040 Trump then reimbursed Michael Cohen and we now know. So 0:10:58.480 --> 0:11:00.600 the math that's laid out in the State of Facts 0:11:00.960 --> 0:11:04.240 is that Cohen paid one hundred and thirty thousand dollars 0:11:04.240 --> 0:11:07.640 to Stormy Daniels and then apparently fifty thousand dollars for quote, 0:11:07.960 --> 0:11:10.880 another expense, and it doesn't tell us what this other 0:11:10.960 --> 0:11:13.800 expense is. So that's one hundred and thirty thousand plus 0:11:13.800 --> 0:11:17.280 fifty thousand, that's one hundred and eighty thousand, and apparently 0:11:17.280 --> 0:11:19.520 what happened is they took that one hundred eighty thousand, 0:11:20.360 --> 0:11:23.360 they doubled it to three hundred and sixty thousand, because 0:11:23.440 --> 0:11:26.160 when Michael Cohen was paid back, he would have to 0:11:26.160 --> 0:11:29.680 pay taxes federal taxes and state taxes for the money 0:11:29.720 --> 0:11:32.360 being paid. So the basic math was, if you pay 0:11:32.400 --> 0:11:34.360 him three hundred and sixty thousand dollars and he pays 0:11:34.400 --> 0:11:37.439 fifty percent taxes, he would recoup his one hundred and 0:11:37.440 --> 0:11:40.400 eighty thousand dollars. And then they decided to pay him 0:11:40.400 --> 0:11:44.079 an additional sixty thousand dollars on top of that, which 0:11:44.160 --> 0:11:47.360 the Statement of Facts calls a supplemental year end bonus. 0:11:48.320 --> 0:11:53.320 So all in he was paid four hundred and twenty 0:11:53.320 --> 0:11:56.480 thousand dollars. And that was paid in a series of 0:11:56.480 --> 0:11:58.960 payments of thirty five thousand dollars a month. And by 0:11:59.000 --> 0:12:02.600 the way, what are the thirty four counts. It's each 0:12:02.600 --> 0:12:04.959 of those payments. It's each of the record keeping. It's 0:12:05.000 --> 0:12:10.440 literally entering it into the books. That's account writing, the check, 0:12:11.040 --> 0:12:13.960 that's account, and that's account in the month of January, 0:12:13.960 --> 0:12:15.800 it's account in the month of February, it's account in 0:12:15.800 --> 0:12:18.719 the month of March, April, May, June, July. That's how 0:12:18.720 --> 0:12:20.880 they get to their thirty four counts. So in translations, 0:12:20.880 --> 0:12:24.000 the same damn thing over and over again, and that's 0:12:24.040 --> 0:12:27.880 how they got to it's each month's payment. Yes, so 0:12:28.080 --> 0:12:32.440 each month's payment. Wow. And when you hear it that way, 0:12:32.559 --> 0:12:36.200 it makes you even more angry at what has happened 0:12:36.280 --> 0:12:39.040 here and the fact that Donald Trump is even having 0:12:39.040 --> 0:12:42.160 to send in this scenario. And there were even people 0:12:42.160 --> 0:12:45.480 in the media that were asking questions about this, like, 0:12:45.520 --> 0:12:48.200 are you sure this is a really good idea? There 0:12:48.280 --> 0:12:51.800 was an NBC News reporter that confronted Brag about the 0:12:51.840 --> 0:12:55.120 previous da and the Feds not pursuing these exact charges 0:12:55.120 --> 0:12:57.400 against Trump. I want to play that. 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Use 0:14:14.800 --> 0:14:18.120 the promo code Ben and you will get ten years 0:14:18.240 --> 0:14:21.360 of fees covered up to ten years, which is pretty awesome. 0:14:21.520 --> 0:14:24.080 Augusta Precious Meals dot Com centator. I want to play 0:14:24.120 --> 0:14:26.320 for you this NBC News reporter because I think the 0:14:26.400 --> 0:14:30.160 media was also honestly shocked at how weak this indictment, 0:14:30.200 --> 0:14:34.080 This thirty four count indictment was for quote felonies out 0:14:34.080 --> 0:14:37.760 of thin air, and NBC News called brag out for this, 0:14:37.880 --> 0:14:49.760 saying like, hey, did you screw up basically listen, reservations, readiness, 0:14:49.800 --> 0:14:51.960 What was the questions in your mind that needed to 0:14:52.000 --> 0:14:58.640 be up screw I'm not going to go chapter and 0:14:58.800 --> 0:15:01.960 verse into many thinking. What I will say is I 0:15:02.000 --> 0:15:03.840 believe the time period you're talking about, I'd been in 0:15:03.920 --> 0:15:09.320 office for a couple of months. The investigation, in my view, 0:15:09.400 --> 0:15:13.160 was not concluded into the conduct in particular, that is 0:15:13.200 --> 0:15:16.160 the base for the charges Today. Since that time, we've 0:15:16.160 --> 0:15:19.960 had more evidence made available to the office and opportunity 0:15:20.000 --> 0:15:23.480 to meet with additional witnesses. So, as I said earlier, 0:15:23.520 --> 0:15:27.080 I've been doing this for twenty four years. I don't 0:15:27.400 --> 0:15:31.880 bring cases prior to author and rigorous investigation. Now having 0:15:31.920 --> 0:15:35.720 done so, the case has been brought Rad Garrett Hayker, 0:15:35.840 --> 0:15:38.440 NBC News. Your predecessor took a hard look at this 0:15:38.480 --> 0:15:41.320 case and decided not to charge it. Federal prosecutors took 0:15:41.360 --> 0:15:43.000 a hard look at this case and decided not to 0:15:43.080 --> 0:15:45.560 charge it. Do you believe you have new evidence that 0:15:45.680 --> 0:15:49.080 led you to decide to charge this for why? Now, 0:15:50.200 --> 0:15:53.720 as I just mentioned, we had available to the office 0:15:53.760 --> 0:15:57.120 additional evidence that was not in the office's possession prior 0:15:57.160 --> 0:16:01.000 to my time here. And as to you you're part 0:16:01.000 --> 0:16:04.320 of your question about the federal we have a strong, 0:16:04.440 --> 0:16:07.480 i would say profound independent interests in New York State. 0:16:07.560 --> 0:16:11.800 This is the business capital of the world. We regularly 0:16:12.720 --> 0:16:17.680 do cases involving false business statements. The bedrock, in fact, 0:16:17.720 --> 0:16:22.000 the basis for business integrity and a well functioning business 0:16:22.040 --> 0:16:25.320 marketplace is true and accurate record keeping. That's the charge 0:16:25.320 --> 0:16:29.960 of thought here, falsefying New York State business records. So, Senator, 0:16:30.440 --> 0:16:33.680 he's making up two different things here. One is when 0:16:33.680 --> 0:16:36.440 we have the new evidence, doesn't have to share that 0:16:36.600 --> 0:16:39.240 with Donald Trump and this indictment. Wouldn't you have to 0:16:39.280 --> 0:16:42.280 say what that new evidence is? Number one and two 0:16:42.360 --> 0:16:44.520 then then he basically doesn't tell you what it is 0:16:44.560 --> 0:16:48.720 and goes back to the original statement. Yeah, there's virtually 0:16:48.800 --> 0:16:52.280 no new evidence in this indictment or this statement of fact. 0:16:52.400 --> 0:16:55.400 This is all based on allegations that have been around 0:16:55.400 --> 0:16:58.920 for years, have been around for many years that prosecutor 0:16:58.960 --> 0:17:01.480 after prosecutor of look and concluded that there was not 0:17:01.560 --> 0:17:07.480 a crime they could prosecute. Where are we now? Trump 0:17:07.640 --> 0:17:11.800 came into court, he pleaded not guilty, he left. It 0:17:11.880 --> 0:17:14.720 ended up the DA made an interesting decision. They didn't 0:17:14.760 --> 0:17:16.840 do the mug shot. And by the way, the decision 0:17:16.920 --> 0:17:21.480 not to do the mug shot was entirely political. You 0:17:21.560 --> 0:17:23.879 and I predicted on this podcast. By the way, I 0:17:23.920 --> 0:17:27.000 want to take a moment of victory lap on this 0:17:27.040 --> 0:17:30.359 podcast on Monday, I said Trump will come in wearing 0:17:30.920 --> 0:17:35.879 a Chris blue a beautiful blue blue suit, a Chris 0:17:35.920 --> 0:17:39.280 white shirt, and a bright red Donald J. Trump tie. 0:17:39.320 --> 0:17:42.720 That is exactly what he was wearing. The only piece 0:17:42.720 --> 0:17:45.480 I did not accurately predict is I didn't realize that 0:17:45.480 --> 0:17:48.840 that Alvin Bragg would be so political he'd decide, Okay, 0:17:48.920 --> 0:17:50.879 we now have the first defendant in the history of 0:17:50.880 --> 0:17:54.000 New York City who doesn't get a mug shot, So 0:17:54.160 --> 0:17:56.280 they skipped the mugshot because they didn't want to give 0:17:56.280 --> 0:17:58.760 the picture to Trump. So instead we have pictures from 0:17:58.840 --> 0:18:03.000 him in the courtroom in exactly the attire that we 0:18:03.080 --> 0:18:06.159 predicted on this podcast that let's go to scream to 0:18:06.200 --> 0:18:08.240 the politics of this though, that's so political that you 0:18:08.280 --> 0:18:10.159 didn't even give the mug chat because I didn't want 0:18:10.200 --> 0:18:14.199 him to use it. Yes, can you use that? As 0:18:14.240 --> 0:18:19.719 they realize the mug shot. Well, so the next step 0:18:20.320 --> 0:18:25.240 Trump is scheduled to go back to court December fourth. Now, listen, 0:18:25.280 --> 0:18:28.680 it's early April. December fourth is a really long time away. 0:18:28.840 --> 0:18:33.520 That's weird. That's weird that it's dragging along that slowly. 0:18:33.560 --> 0:18:38.600 In the meantime, it is a virtual certainty that Trump's 0:18:38.680 --> 0:18:41.639 legal team will file a motion to dismiss, and they 0:18:41.720 --> 0:18:44.800 might file emotion to smiss on multiple grounds. One ground 0:18:44.840 --> 0:18:48.040 they could file is is that the indictment is deficient. 0:18:48.560 --> 0:18:53.080 The entire basis for getting around the statute of limitations 0:18:53.119 --> 0:18:55.879 and making it a felony is that that the false 0:18:55.920 --> 0:18:59.760 business records allegedly were in furtherance of another crime. They 0:18:59.760 --> 0:19:01.960 don't specify what that crime is. That's One of the 0:19:02.000 --> 0:19:05.200 first grounds on which you'd file emotion is to say, 0:19:05.240 --> 0:19:07.880 if you don't specify what the crime is, you have 0:19:07.960 --> 0:19:11.399 not pleaded the crime under New York state law. I 0:19:11.440 --> 0:19:14.080 think that a motion to dismiss on that basis is 0:19:14.160 --> 0:19:17.280 quite likely. I think you're also likely to see a 0:19:17.320 --> 0:19:19.760 motion to dismiss, maybe the same motion, maybe a different 0:19:19.760 --> 0:19:25.600 motion based on vindictive or selected prosecution. Alvin Bragg ran 0:19:25.880 --> 0:19:28.600 for office, and on his campaign, on the campaign trail, 0:19:28.680 --> 0:19:37.359 he promised to quote get Trump. That is, on its face, 0:19:37.480 --> 0:19:41.919 it's screams of selective prosecution. That this is a political 0:19:42.000 --> 0:19:45.440 left wing Democrat who wanted to go after a political 0:19:45.440 --> 0:19:48.720 opponent that he hated, and that's what was going on here. 0:19:48.760 --> 0:19:53.760 I think we will see that issue litigated early on 0:19:53.800 --> 0:19:56.560 at the outset. I think another issue that you're likely 0:19:56.600 --> 0:20:01.879 to see raised the entire basis of the crime, alleged crime, 0:20:02.720 --> 0:20:05.320 is that these were false business records. It's not clear 0:20:06.280 --> 0:20:08.640 that the records that issue are business records at all. 0:20:09.200 --> 0:20:14.080 Donald Trump paid these funds from his personal accounts or 0:20:15.280 --> 0:20:20.480 the blind trust that was erected to hold his assets 0:20:20.480 --> 0:20:23.760 while he was president. In other words, it wasn't from 0:20:23.800 --> 0:20:27.639 the Trump corporation. It wasn't a business entity. Now, the 0:20:27.720 --> 0:20:31.399 statement of facts refers to some personnel in the Trump 0:20:31.520 --> 0:20:34.520 organization who were involved in cutting the checks. But the 0:20:34.640 --> 0:20:38.880 checks they cut, we're not business checks. They were checks 0:20:39.680 --> 0:20:43.760 from Trump's personal funds. And so listen, if Ben Ferguson 0:20:43.840 --> 0:20:47.840 writes a check to somebody, that is not a business 0:20:47.920 --> 0:20:51.439 record under the ordinary interpretation of it. So that's another 0:20:51.520 --> 0:20:55.560 ground on which I would expect this to be litigated 0:20:55.600 --> 0:21:01.720 and challenged. And I think all of those are series grounds. 0:21:00.960 --> 0:21:05.760 This indictment was not brought to get a conviction. This 0:21:05.880 --> 0:21:09.240 indictment was not brought to try to actually put Trump 0:21:09.240 --> 0:21:13.840 in jail. This indictment was brought to be a political smear. 0:21:13.880 --> 0:21:17.480 And the irony is in that one regard as a 0:21:17.520 --> 0:21:22.919 political smear. It is horrendously inept. In other words, listen, 0:21:22.960 --> 0:21:25.960 I'll be surprised if next week Trump is not at 0:21:26.000 --> 0:21:30.000 sixty percent in the GOP primary. I've already described how 0:21:30.680 --> 0:21:34.639 this is the single greatest in kind contribution to the 0:21:34.720 --> 0:21:38.200 Trump twenty twenty four campaign that I've ever seen, brought 0:21:38.240 --> 0:21:44.240 by Alvin Bragg, the left wing George Soros Democrat DA. 0:21:44.359 --> 0:21:50.200 So if their purpose was a political smear. It titilated 0:21:50.280 --> 0:21:55.040 the excitement of the left who hates Trump, but I 0:21:55.080 --> 0:21:57.359 don't think it succeeded in the purpose that they hoped 0:21:57.359 --> 0:22:00.280 it would. Yeah, I don't think it did either. But 0:22:00.320 --> 0:22:02.640 I also think that there's a problem now for this 0:22:02.720 --> 0:22:06.280 president that is the political side of can he get 0:22:06.359 --> 0:22:11.880 this dismiss senator before December or are his hands literally 0:22:11.920 --> 0:22:16.200 tied and his legal team's hands tied until December, which 0:22:16.280 --> 0:22:18.720 you know means then this is gonna this is going 0:22:18.760 --> 0:22:23.920 to be an issue well into this election cycle. Look, 0:22:24.119 --> 0:22:26.359 this is going to be an issue into this election cycle. 0:22:26.400 --> 0:22:29.680 There was no getting around that the Democrats hate Trump, 0:22:29.760 --> 0:22:31.720 and so they were going to argue about indicting him, 0:22:31.760 --> 0:22:34.879 potentially indicting him, wanting to indict him right up until 0:22:34.880 --> 0:22:38.840 election day, that that was going to happen. Regardless, I 0:22:38.840 --> 0:22:41.119 would like to see this resolved quickly. I don't know 0:22:41.160 --> 0:22:45.359 if the New York state courts will operate quickly. I 0:22:45.400 --> 0:22:49.280 do think there's another whole set of issues. The judge 0:22:49.320 --> 0:22:53.399 admonished Trump about his rhetoric. I gotta say so, there's 0:22:53.440 --> 0:22:55.760 not a gag order in place, but if the judge 0:22:55.880 --> 0:22:59.000 tried to put a gag order in place. I think 0:22:59.040 --> 0:23:03.919 that would raise very significant First Amendment issues. Trump is 0:23:04.000 --> 0:23:07.280 not an ordinary defendant. He is a leading candidate for 0:23:07.359 --> 0:23:10.040 president of the United States. And the idea that a 0:23:10.080 --> 0:23:13.440 New York State judge would try to impose legal penalties 0:23:14.040 --> 0:23:16.399 on one of the leading candidates for president of the 0:23:16.480 --> 0:23:19.280 United States, who happens to be a former president from 0:23:19.320 --> 0:23:23.119 speaking his mind about just about any issue of public 0:23:23.160 --> 0:23:28.360 concern is really an astonishing and an unprecedented notion. And 0:23:28.440 --> 0:23:31.280 so I don't think the judge will try to enter 0:23:31.280 --> 0:23:34.439 a gag order, because it really is To say that's 0:23:34.520 --> 0:23:38.040 playing with dynamite would be an understatement. But I was 0:23:39.359 --> 0:23:43.000 more than a little concerned by the judge admonishing rhetoric 0:23:43.560 --> 0:23:47.600 because it's none of his damn business. This is not 0:23:47.680 --> 0:23:54.520 a mob boss who is threatening retaliation against a prosecutor. 0:23:54.800 --> 0:23:59.480 This is, in fact, a partisan prosecutor who ran promising 0:24:00.119 --> 0:24:04.560 retaliation against a political opponent whom he hates. And so 0:24:04.600 --> 0:24:08.040 I think that there's a whole world of potential problems 0:24:08.080 --> 0:24:10.879 that could rise, but they haven't risen yet, and I 0:24:10.920 --> 0:24:14.080 actually don't think they will. I don't know this judge, 0:24:14.359 --> 0:24:17.600 but I would be surprised if the judge, were that foolish, 0:24:17.680 --> 0:24:21.920 because any effort to silence a leading contender for president, 0:24:21.960 --> 0:24:24.280 I think would be doomed a failure. I want to 0:24:24.280 --> 0:24:26.679 ask you about another shock, and that was the media 0:24:26.800 --> 0:24:30.359 spreading what I would refer to as fake news about 0:24:30.400 --> 0:24:32.520 some of these charges. And before I play that, I 0:24:32.520 --> 0:24:34.040 want to tell you about our friends of her Chalk. 0:24:34.280 --> 0:24:35.879 If you're a guy and you're getting a little bit 0:24:35.920 --> 0:24:37.679