WEBVTT - BREAKING NEWS: Trump Indicted

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<v Speaker 1>From Bloomberg World headquarters the New York I'm Doug Prisoner.

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<v Speaker 1>This is Bloomberg Radio at about the five fifty six

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<v Speaker 1>Wall Street time, covering the breaking news that Donald Trump

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<v Speaker 1>has been indicted in New York for directing hush money

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<v Speaker 1>payments to a porn star during his twenty sixteen campaign.

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<v Speaker 1>You're with special coverage here on Bloomberg Radio. I'm joined

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<v Speaker 1>by our legal analyst June Grosso in the Bloomberg Interactive

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<v Speaker 1>Broker studio in New York. We had been debating for

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<v Speaker 1>days on when this was going to occur, if it

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<v Speaker 1>was going to occur at all. This is one of

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<v Speaker 1>several cases that the president could be facing. And so

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<v Speaker 1>now we know that the grand jury has voted to indict.

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<v Speaker 1>And you know, we can't overstate what a historic day

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<v Speaker 1>this is. This is the first prosecution ever, the first

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<v Speaker 1>criminal charges ever against a former president. And yes, it

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<v Speaker 1>seemed that Manhattan District Attorney Alvin Bragg had backed off

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<v Speaker 1>because there had been all this last week commotion that

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<v Speaker 1>last week was going to be when there was this indictment.

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<v Speaker 1>And then we heard that the grand jury was going

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<v Speaker 1>to be off until April for the Eastern mister break.

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<v Speaker 1>So this came as quite a shock that they have

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<v Speaker 1>already voted, and I mean, listen, they've been considering this

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<v Speaker 1>for quite some time. They were just hearing the very

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<v Speaker 1>last witnesses. And by the way, the very last witness

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<v Speaker 1>was I think Pecker, right, and he was brought in

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<v Speaker 1>we think to robut what had been said about Michael

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<v Speaker 1>Cohen by a former legal advisor to him? So who

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<v Speaker 1>is David Pecker? Again? Remind me this was the catch

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<v Speaker 1>and kill scenario? Right? He was the publisher of the

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<v Speaker 1>National Inquirer, I believe, yes, So he captured the story

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<v Speaker 1>and then tried to bury it so that it couldn't

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<v Speaker 1>come out during the campaign. Right, So he was there,

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<v Speaker 1>we think to buttress Michael Cohen's testimony because Cohen is

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<v Speaker 1>a problematic witness, and he will likely be the star

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<v Speaker 1>witness here. He's a problematic witness because he is a

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<v Speaker 1>convicted felon, convicted for lying to Congress. So right away,

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<v Speaker 1>right there, you have a problem with this kind of

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<v Speaker 1>a witness. But as prosecutors tell you, you know, they

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<v Speaker 1>can't present priests and acquire boys to a jury. They

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<v Speaker 1>have to present who they have and they're usually someone

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<v Speaker 1>who's associated with the crime. So he does have a

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<v Speaker 1>lot going for him, but a lot going against him.

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<v Speaker 1>So they brought in after one of his former attorneys

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<v Speaker 1>came forward, and Trump's lawyers requested that he testified to

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<v Speaker 1>the grand jury. And you're a lot to do that

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<v Speaker 1>in New York. So they requested aim of kind of

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<v Speaker 1>eroding the credibility of Cohen exactly just as if just

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<v Speaker 1>like Trump was invited himself to testify to the grand jury.

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<v Speaker 1>Of course he didn't, and that's a very smart move

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<v Speaker 1>on his side not to come forward. So but you

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<v Speaker 1>can't ask to have a witness come forward. So they

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<v Speaker 1>asked to have this former attorney, former advisor to Michael Cohen,

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<v Speaker 1>and he said some things that you tried to undermine

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<v Speaker 1>Cohen's integrity, that he lied about this to him in

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<v Speaker 1>the past. And so then all of a sudden, it

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<v Speaker 1>seemed as if things came to a halt. Then they

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<v Speaker 1>brought in Packer to buttress Michael Cohen. The thing about

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<v Speaker 1>this whole grand jury investigation you've heard came from a

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<v Speaker 1>New York Court of Appeal judge. Prosecutor can get a

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<v Speaker 1>grand jury to indict a ham Sandwich in this case,

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<v Speaker 1>it seemed like Alvin Bragg was almost trying the case,

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<v Speaker 1>not just presenting it to the grand jury so that

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<v Speaker 1>he'd get an indictment, but almost trying the case. And

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<v Speaker 1>perhaps it was an attempt to see how the case

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<v Speaker 1>would flesh out. Perhaps because it's such it's the first indictment,

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<v Speaker 1>there's going to be so much press on this, There's

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<v Speaker 1>going to be so much on this. Perhaps he wanted

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<v Speaker 1>to make sure that he had every eye dotted in

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<v Speaker 1>t cross And a big question is to what happens

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<v Speaker 1>in Georgia because there is another case there very much

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<v Speaker 1>of the focus of or on any interference with the

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<v Speaker 1>election that was going on in twenty sixteen or twenty

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<v Speaker 1>I want to get blend together. Yeah, they do, really.

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<v Speaker 1>I want to get to Ed Baxter, who is in

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<v Speaker 1>the Bloomberg newsroom in San Francisco during our special coverage

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<v Speaker 1>as we learned that a former President Trump has now

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<v Speaker 1>been indicted by the District Attorney in Manhattan for directing

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<v Speaker 1>hush money payments to a porn star during the twenty

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<v Speaker 1>sixteen campaign. M. Yeah, I'm sure you're you're looking at

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<v Speaker 1>wires and different types of reaction. What are you seeing yeah,

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<v Speaker 1>I'm seeing a lot of stuff. But what I want

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<v Speaker 1>to ask june A Doug if I may, is what

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<v Speaker 1>happens next? Now? I mean Donald Trump was out, remember

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<v Speaker 1>the famous I'm going to be indicted on Tuesday line,

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<v Speaker 1>said that he wanted to figure out what he was

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<v Speaker 1>going to wear, should he wear a tie? How public

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<v Speaker 1>is this going to be? And I understand and correct

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<v Speaker 1>me if I'm wrong that he's a maralgo. Where does

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<v Speaker 1>this go next? What is the process? So what will

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<v Speaker 1>happen in this case? I've talked to several people and

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<v Speaker 1>they say, you know, he's not going to be treated

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<v Speaker 1>like the ordinary citizen. He's going to be treated like

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<v Speaker 1>the extra ordinary citizen. So a high profile citizen. They're

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<v Speaker 1>going to tell his lawyers. I think Joe Takapino, one

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<v Speaker 1>of his lawyers, has already said that he heard about this.

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<v Speaker 1>So what they're going to do is they're going to

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<v Speaker 1>request and arrange a date for him to come in

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<v Speaker 1>and turn himself in. So there's not going to be

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<v Speaker 1>that perp walk that people may have been expecting. He's

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<v Speaker 1>not going to We don't think he's going to be

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<v Speaker 1>put in handcuffs. But apparently this is all going to

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<v Speaker 1>be worked out between Alvin Bragg's office and his attorneys

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<v Speaker 1>how they want to handle this. But he will have

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<v Speaker 1>to be booked, He'll have to have be fingerprinted and

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<v Speaker 1>have his mug shot taken, and they'll have to be

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<v Speaker 1>an appearance in court where it's expected they're not going

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<v Speaker 1>to request bail or anything. He's going to be sent

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<v Speaker 1>out on his own recognizance. But those details have to

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<v Speaker 1>be done. But you know, how big a deal it

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<v Speaker 1>is may depend more on Donald Trump than anyone else.

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<v Speaker 1>Does he want to make this a big deal? So

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<v Speaker 1>there would be ostensibly an arrangement right when he's charged,

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<v Speaker 1>But after that, I mean a delay. Is that probably

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<v Speaker 1>what we're going to see. Is there a way for

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<v Speaker 1>the Trump legal team to kind of slow the process.

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<v Speaker 1>There will be motion upon motion upon motion upon motion

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<v Speaker 1>to delay the process and to attack the you know,

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<v Speaker 1>the evidence that the district attorney has, and um, you

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<v Speaker 1>know you're going to see a lot happen in the

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<v Speaker 1>courtroom and a lot happen outside the courtroom. And I

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<v Speaker 1>think a lot of this depends on how hard Alvin

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<v Speaker 1>Bragg is going to push for a trial date that's close.

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<v Speaker 1>I mean, Trump also remember the trial is coming up

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<v Speaker 1>where Attorney General Letitia James is suing Trump and his company.

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<v Speaker 1>That's coming up. Now that's a civil complaint though right right,

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<v Speaker 1>it is a civil and criminal would take precedence. But

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<v Speaker 1>I'm just saying there's a lot there are a lot

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<v Speaker 1>of balls in the air here with Trump and what's happening.

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<v Speaker 1>So you know, I have no idea when the trial

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<v Speaker 1>would actually be set for ed now going down the

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<v Speaker 1>road though, I mean, this has been from what's been leaked,

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<v Speaker 1>and grand jury always is supposed to be secret. But

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<v Speaker 1>you mentioned that, you know, a very thin case. It's

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<v Speaker 1>a very creative case, if we can put it that

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<v Speaker 1>way at the very least. I mean, this is something

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<v Speaker 1>that he would go down the road of definitely with

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<v Speaker 1>any trial, he could be acquitted. And that has all

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<v Speaker 1>kinds of ramifications as well, exactly. And the case is

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<v Speaker 1>it's a novel legal theory. It's sort of, you know,

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<v Speaker 1>to explain it simply, it's sort of hooks one misdemeanor

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<v Speaker 1>crime onto a felony in order to make it a felony.

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<v Speaker 1>So the misdemeanor would be falsifying business records, which is

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<v Speaker 1>they did not they did not record this hush money

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<v Speaker 1>payment as it should have been recorded it as legal fees,

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<v Speaker 1>I believe, and then the prosecutors have to show an

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<v Speaker 1>intend to defraud and that would be a violation of

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<v Speaker 1>election law. So the theory is that the second kind

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<v Speaker 1>of hooks on the first, and then you get the

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<v Speaker 1>the excuse me, the felony, which is what they want

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<v Speaker 1>because it just you know, hush money payments. That would

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<v Speaker 1>just be a misdemeanor of falsifying business record. June, we

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<v Speaker 1>have Robert Mints with us. He is the former I'll

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<v Speaker 1>be able to explain. Well, you're going to ask the

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<v Speaker 1>first question, let me do the introduction. He is a

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<v Speaker 1>former federal prosecutor and now partner at mcarter and English.

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<v Speaker 1>Mister Mints, thanks for being with us first, right out

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<v Speaker 1>of the gate, let me get your reaction. Sure, well,

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<v Speaker 1>it's not surprising really, because of Manhattan District Attorney's office

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<v Speaker 1>has been ramping up this investigation for some time. It's

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<v Speaker 1>public knowledge that the grand jury has been meeting and

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<v Speaker 1>as was close to returning an indictment. And still it's

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<v Speaker 1>shocking to believe that this has actually occurred, that an

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<v Speaker 1>indictment has been returned. And the first former president to

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<v Speaker 1>face criminal charges that case will actually go forward. It's

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<v Speaker 1>still something that is shocking that this has actually come

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<v Speaker 1>to pass. So, Bob, we don't know what the grand

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<v Speaker 1>jury exactly indicted on, but we have an eye idea.

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<v Speaker 1>So tell us about how they're going to use this

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<v Speaker 1>misdemeanor and try to make it into a felony. Well,

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<v Speaker 1>the core of this case is under New York while

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<v Speaker 1>falsifying business records, which can be a crime, and that's

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<v Speaker 1>really the bread and butter for the white collar section

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<v Speaker 1>of the District Attorney's Obviously they charge this falsification of

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<v Speaker 1>business records all the time, something that's not unusual. But here,

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<v Speaker 1>in order to turn this crime into a felony rather

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<v Speaker 1>than a misdemeanor, they have to tie it to a

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<v Speaker 1>second crime. And in this case, it appears that what

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<v Speaker 1>the case is going to turn on is whether or

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<v Speaker 1>not this concealment of these business records as falsifying of

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<v Speaker 1>these business records also as a violation of federal election

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<v Speaker 1>law and the facts here, which really is something that

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<v Speaker 1>is out there now, there's no secret to what this

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<v Speaker 1>case is going to be about. It's going to hinge

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<v Speaker 1>on the handling of this PA and one hundred and

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<v Speaker 1>thirty thousand dollars which Michael Khone, the former president's lawyer,

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<v Speaker 1>has said he used to pay off Stormy Daniels in

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<v Speaker 1>order to conceal an alleged affair that President Trump had

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<v Speaker 1>with Stormy Daniels leading into the election. And the question

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<v Speaker 1>here the links beIN really of this whole case is

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<v Speaker 1>going to be the district attorney's ability to prove that

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<v Speaker 1>that money was paid in order to affect the election

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<v Speaker 1>and not for some other reasons. So a defense here,

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<v Speaker 1>for example, that the firm president could raise his Yes,

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<v Speaker 1>I paid that money. He denies that he had the affair,

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<v Speaker 1>but he said he's going to say, I would expect

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<v Speaker 1>that he paid the money in order to save the

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<v Speaker 1>embarrassment to his family and to his wife, and that's

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<v Speaker 1>why he paid off the Stormy Daniels through Michael Kane.

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<v Speaker 1>The government is going to have to prove the d

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<v Speaker 1>is going to have to prove that it was done

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<v Speaker 1>for the purpose of affecting the election and not merely

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<v Speaker 1>in order to preserve the president's public image and to

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<v Speaker 1>save his family from embarrassment. So, Bob, is this just

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<v Speaker 1>novel legal theory or is there a precedent for anything

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<v Speaker 1>like this where you begin with kind of the misdemeanor

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<v Speaker 1>violation and then you pivot and then use that as

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<v Speaker 1>the basis for a kind of a federal charge or

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<v Speaker 1>a criminal charge on on a federal level. Yes, I

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<v Speaker 1>mean that's a great question. I'm not aware of New

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<v Speaker 1>York State prosecutors ever having filed an election law case

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<v Speaker 1>involving a federal campaign before. So this case is novel.

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<v Speaker 1>It's an untested case that no one has brought before

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<v Speaker 1>from the Manhattan DA's office, and it's susceptible to being

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<v Speaker 1>attacked both at the trial level, and even if they

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<v Speaker 1>gain a conviction, it's susceptible to potentially being thrown out

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<v Speaker 1>on appeal. So it is a high risk gambit for

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<v Speaker 1>the Manhattan District Attorney's office to bring this case because

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<v Speaker 1>it is an untested area, and generally prosecutors like to

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<v Speaker 1>stay away from untested areas in civil litigation. You might

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<v Speaker 1>want to bring a case that's never been brought before,

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<v Speaker 1>But as prosecutors, generally, the idea is the law has

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<v Speaker 1>to be black and white. You want to know what's

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<v Speaker 1>right or what's wrong, and you don't want to be

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<v Speaker 1>bringing a case that has never been tested in the

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<v Speaker 1>courts before, because you might go through an entire trial,

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<v Speaker 1>you might even gain a conviction, and then it might

0:12:20.679 --> 0:12:24.160
<v Speaker 1>get thrown out on appeal. Bob. There's also the question

0:12:24.240 --> 0:12:28.920
<v Speaker 1>of whether hush money payment can be a campaign donation.

0:12:28.960 --> 0:12:31.720
<v Speaker 1>I mean, you remember what happened with the prosecution of

0:12:31.760 --> 0:12:35.160
<v Speaker 1>Senator John Edwards, and I see that the Trump team

0:12:35.240 --> 0:12:38.800
<v Speaker 1>has at times raised that They've said he didn't pay

0:12:38.840 --> 0:12:42.360
<v Speaker 1>this hush money because of the campaign. He paid this

0:12:42.440 --> 0:12:45.760
<v Speaker 1>hush money because he wanted to save his wife, Milania

0:12:45.840 --> 0:12:49.640
<v Speaker 1>from being embarrassed. So that's may come up that kind

0:12:49.679 --> 0:12:53.840
<v Speaker 1>of a defense here, Jordan. That exactly was the defense

0:12:53.960 --> 0:12:56.920
<v Speaker 1>in the John Edwards case. That was the situation. If

0:12:56.920 --> 0:13:01.240
<v Speaker 1>you're a call where Senator Edwards wife was battling cancer

0:13:01.800 --> 0:13:05.679
<v Speaker 1>and they was a third party who paid off somebody,

0:13:05.800 --> 0:13:08.040
<v Speaker 1>and that was part of the defense, and it worked.

0:13:08.160 --> 0:13:10.360
<v Speaker 1>There was an acquittal in that case where the jury

0:13:10.920 --> 0:13:13.240
<v Speaker 1>could not decide whether the money was paid for the

0:13:13.280 --> 0:13:17.640
<v Speaker 1>purpose of protecting his position as somebody running for president,

0:13:17.720 --> 0:13:19.520
<v Speaker 1>or whether it was done in order to protect his

0:13:19.600 --> 0:13:22.160
<v Speaker 1>wife and his family. And the prosecutors here are going

0:13:22.200 --> 0:13:26.920
<v Speaker 1>to be facing exactly the same dilemma. So, Bobby, one

0:13:26.960 --> 0:13:30.520
<v Speaker 1>question is it regards you in regard to the investigation

0:13:30.600 --> 0:13:32.760
<v Speaker 1>going on for five years. Is there a statute of

0:13:32.760 --> 0:13:36.679
<v Speaker 1>limitations on any of this? Well, there's a statue of

0:13:36.679 --> 0:13:40.800
<v Speaker 1>the limitations on the misdemeanor count of falsifying business records,

0:13:40.800 --> 0:13:44.160
<v Speaker 1>which has expired. So the only way prosecutors can bring

0:13:44.240 --> 0:13:46.880
<v Speaker 1>this case is by bringing it as a felony, and

0:13:47.000 --> 0:13:49.480
<v Speaker 1>that would be within the statue of the limitations, just

0:13:49.600 --> 0:13:52.800
<v Speaker 1>barely having brought it now, So the case is going

0:13:52.840 --> 0:13:55.080
<v Speaker 1>to rise or fall on their ability to prove this

0:13:55.160 --> 0:13:58.400
<v Speaker 1>felony case. So, Bob, I want to talk a minute

0:13:58.400 --> 0:14:02.040
<v Speaker 1>about Michael colem because so much has been said about

0:14:02.120 --> 0:14:04.760
<v Speaker 1>how he is going to be the star witness and

0:14:04.840 --> 0:14:07.600
<v Speaker 1>all the problems he may encounter, and we saw that there.

0:14:08.440 --> 0:14:12.200
<v Speaker 1>It appears that this indictment may have been delayed because

0:14:12.240 --> 0:14:14.839
<v Speaker 1>the Trump team asked to have one of his former

0:14:14.840 --> 0:14:19.320
<v Speaker 1>advisors come in, who undercut his credibility. So I'm wondering

0:14:19.320 --> 0:14:22.000
<v Speaker 1>how much you think that's really a problem when he's

0:14:22.040 --> 0:14:26.000
<v Speaker 1>been pretty consistent ever since he saw the light, let's

0:14:26.040 --> 0:14:31.000
<v Speaker 1>say about about his position. So he's been pretty consistent

0:14:31.040 --> 0:14:35.520
<v Speaker 1>about what he's said. Yeah, we know Michael Cohen has

0:14:35.560 --> 0:14:38.120
<v Speaker 1>been in and out of the DA's office for a

0:14:38.200 --> 0:14:41.120
<v Speaker 1>long time now, and we also know that he has

0:14:41.160 --> 0:14:46.120
<v Speaker 1>produced these checks that were written by President Trump to

0:14:46.440 --> 0:14:49.560
<v Speaker 1>him as reimbursement for one hundred and thirty thousand dollars

0:14:49.560 --> 0:14:53.960
<v Speaker 1>that he paid personally to Stormy Daniels. And so there

0:14:54.160 --> 0:14:56.840
<v Speaker 1>is a record here that seems to be consistent with

0:14:56.880 --> 0:14:59.280
<v Speaker 1>Michael's co own testimony. On the other hand, we don't

0:14:59.320 --> 0:15:03.280
<v Speaker 1>know else Michael Cohen may upset to prosecutors. We do

0:15:03.360 --> 0:15:07.480
<v Speaker 1>know that he has told differing stories over time, and

0:15:07.520 --> 0:15:09.680
<v Speaker 1>so he is going to be, in many ways the

0:15:09.720 --> 0:15:12.920
<v Speaker 1>central focus of this case, and we don't know what

0:15:12.960 --> 0:15:15.880
<v Speaker 1>else might be out there to potentially impeach his credibility.

0:15:16.200 --> 0:15:18.360
<v Speaker 1>There was another case, there is another case going on

0:15:18.440 --> 0:15:22.200
<v Speaker 1>in Georgia. We had the special grand jury meet in

0:15:22.240 --> 0:15:25.200
<v Speaker 1>that case and recommend indictments. We don't have a lot

0:15:25.240 --> 0:15:28.520
<v Speaker 1>of visibility into who may be indicted as far as

0:15:28.560 --> 0:15:31.040
<v Speaker 1>I know, and I was asking June this question earlier, Bob,

0:15:31.080 --> 0:15:34.240
<v Speaker 1>whether or not that prosecutor in that case has convened

0:15:34.280 --> 0:15:38.760
<v Speaker 1>a grand jury now with the idea of pursuing criminal charges.

0:15:39.080 --> 0:15:41.960
<v Speaker 1>Talk to me about the context of both of these

0:15:42.040 --> 0:15:46.280
<v Speaker 1>cases seeming to kind of almost coincide with one another,

0:15:46.320 --> 0:15:49.640
<v Speaker 1>and I'm wondering whether prosecutors would wait for the other

0:15:49.760 --> 0:15:53.200
<v Speaker 1>to kind of make the first move. Is that part

0:15:53.240 --> 0:15:56.800
<v Speaker 1>of the strategy here? If there is one, Well, that's

0:15:56.840 --> 0:16:00.680
<v Speaker 1>really hard to say. These cases have taken a long time.

0:16:00.800 --> 0:16:04.360
<v Speaker 1>I think from the standpoint of somebody like myself who

0:16:04.480 --> 0:16:06.760
<v Speaker 1>was a federal prosecutor for ten years and who's been

0:16:06.760 --> 0:16:09.840
<v Speaker 1>following these cases, they've taken a long time to work

0:16:09.880 --> 0:16:11.960
<v Speaker 1>their way through the system and to get to where

0:16:11.960 --> 0:16:15.800
<v Speaker 1>we are today. We know, for example, that federal prosecutors

0:16:15.800 --> 0:16:18.640
<v Speaker 1>who charged Michael Khne Michael Kon as we know, pled

0:16:18.640 --> 0:16:22.720
<v Speaker 1>guilty to these campaign violations, but federal prosecutors never took

0:16:22.760 --> 0:16:26.120
<v Speaker 1>the additional step to charge President Trump. So they looked

0:16:26.120 --> 0:16:29.320
<v Speaker 1>at this evidence and decided for whatever reason, and we

0:16:29.360 --> 0:16:32.320
<v Speaker 1>don't know why, but they decided not to bring the

0:16:32.320 --> 0:16:35.520
<v Speaker 1>federal case against President Trump at the time that they

0:16:35.680 --> 0:16:39.240
<v Speaker 1>charged Michael Khone. The case going on in Georgia is

0:16:39.240 --> 0:16:44.320
<v Speaker 1>a completely separate case regarding the president's elect interference with

0:16:44.360 --> 0:16:48.200
<v Speaker 1>the election. That also has taken a long time. I

0:16:48.360 --> 0:16:50.400
<v Speaker 1>think one of the things that we're seeing here, though,

0:16:50.920 --> 0:16:54.000
<v Speaker 1>is while on the one hand, prosecutors like to take

0:16:54.040 --> 0:16:57.080
<v Speaker 1>their time because they only get one shot really to

0:16:57.160 --> 0:17:01.240
<v Speaker 1>get it right. You cannot go back usually fix these problems.

0:17:01.360 --> 0:17:04.040
<v Speaker 1>Once you bring this indictment, the clock is then running,

0:17:04.280 --> 0:17:07.159
<v Speaker 1>and everything then favors the defense in the sense that

0:17:07.240 --> 0:17:09.639
<v Speaker 1>they have the right to a speedy trial, They have

0:17:09.680 --> 0:17:11.960
<v Speaker 1>a right to their day in court. As the prosecutor,

0:17:12.000 --> 0:17:14.760
<v Speaker 1>you better have all your ducks lined up, all your facts,

0:17:14.800 --> 0:17:18.400
<v Speaker 1>all your witnesses set into place before you bring that indictment.

0:17:18.640 --> 0:17:20.280
<v Speaker 1>So they want to take their time and get it right.

0:17:20.320 --> 0:17:23.080
<v Speaker 1>On the other hand, they are racing against the political

0:17:23.119 --> 0:17:26.239
<v Speaker 1>clock because they are not unmindful of the fact that

0:17:26.280 --> 0:17:28.760
<v Speaker 1>there is an election coming up, the fact that President

0:17:28.760 --> 0:17:32.239
<v Speaker 1>Trump is an announced candidate, There's primaries coming up, and

0:17:32.280 --> 0:17:36.600
<v Speaker 1>the closer that any indictment gets to these primaries and

0:17:36.680 --> 0:17:40.640
<v Speaker 1>to a potential presidential election, the more it looks like

0:17:40.840 --> 0:17:44.320
<v Speaker 1>some kind of attempt to interfere with that election. That's

0:17:44.400 --> 0:17:47.480
<v Speaker 1>not what prosecutors would say they're doing, but they also

0:17:47.560 --> 0:17:49.840
<v Speaker 1>have to be aware of the appearance of that, and

0:17:49.920 --> 0:17:52.560
<v Speaker 1>I think that's one of the reasons we're seeing prostitutors

0:17:52.960 --> 0:17:55.840
<v Speaker 1>finally decide one way or the other which way they

0:17:55.840 --> 0:17:57.760
<v Speaker 1>are going to go in these cases. And we saw

0:17:57.800 --> 0:18:02.040
<v Speaker 1>that the Manhattander has decided to bring English indictment. Bob,

0:18:03.200 --> 0:18:05.080
<v Speaker 1>this may be an unfair question, but I'm going to

0:18:05.119 --> 0:18:08.400
<v Speaker 1>ask you anyway. What happens here is for let's say

0:18:08.480 --> 0:18:12.000
<v Speaker 1>Georgia also comes in with an indictment. How do they

0:18:12.040 --> 0:18:17.240
<v Speaker 1>decide which case takes precedent, which case goes first, and

0:18:17.600 --> 0:18:20.080
<v Speaker 1>you know what happens if it does bump into the

0:18:20.119 --> 0:18:25.040
<v Speaker 1>election electioneering? Well, that's a tough one because you've got

0:18:25.040 --> 0:18:28.639
<v Speaker 1>two different judges and two different jurisdictions. They don't really

0:18:28.760 --> 0:18:33.080
<v Speaker 1>control one another, they don't answer to one another, but

0:18:33.240 --> 0:18:35.800
<v Speaker 1>they are mindful of what's going on. You know, typically

0:18:35.880 --> 0:18:38.240
<v Speaker 1>you have a situation where you've got a federal judge

0:18:38.240 --> 0:18:42.040
<v Speaker 1>on a state court judge. The federal case usually takes precedent,

0:18:42.119 --> 0:18:44.520
<v Speaker 1>so you will see a state corp judge decides to

0:18:44.600 --> 0:18:46.720
<v Speaker 1>take have their case sort of put on the back

0:18:46.720 --> 0:18:49.280
<v Speaker 1>burner and allow the federal case to play out. But

0:18:49.520 --> 0:18:52.200
<v Speaker 1>here this case is obviously being brought in state court

0:18:52.240 --> 0:18:55.160
<v Speaker 1>in New York. The case in Georgia would also be

0:18:55.160 --> 0:18:57.960
<v Speaker 1>before a state court judge. So it's really going to

0:18:58.000 --> 0:19:01.120
<v Speaker 1>be up to the prosecutors and the judges who were

0:19:01.119 --> 0:19:05.760
<v Speaker 1>involved here to determine which case is going to take precedent.

0:19:06.160 --> 0:19:09.440
<v Speaker 1>I suspect they'll look at the cases, they'll decide how

0:19:09.480 --> 0:19:12.040
<v Speaker 1>complicated they are. They may look and decide, you know,

0:19:12.119 --> 0:19:15.720
<v Speaker 1>which case seems to be the stronger case or which

0:19:15.760 --> 0:19:18.720
<v Speaker 1>case is more likely to get a conviction, and that

0:19:18.760 --> 0:19:21.520
<v Speaker 1>may play into the decision about which case to bring first.

0:19:21.800 --> 0:19:23.919
<v Speaker 1>But the short answer to your question, Tune, is that

0:19:23.960 --> 0:19:27.080
<v Speaker 1>there is no plea book. There is no rule as

0:19:27.080 --> 0:19:31.400
<v Speaker 1>to which case goes first. And you forgot the special counsel. Oh,

0:19:31.440 --> 0:19:33.640
<v Speaker 1>that would be a federal case that would take precedent

0:19:33.720 --> 0:19:36.960
<v Speaker 1>most definitely. Let's not go there yet, Bob, thanks so

0:19:37.040 --> 0:19:39.879
<v Speaker 1>much for being with us. Robert Mens's former federal prosecutor,

0:19:40.000 --> 0:19:43.399
<v Speaker 1>is also a partner at McCarter and English. This is

0:19:43.400 --> 0:19:46.639
<v Speaker 1>Bloomberg Special coverage of the news that broke within the

0:19:46.720 --> 0:19:50.360
<v Speaker 1>last hour or so. Donald Trump has been indicted by

0:19:50.400 --> 0:19:53.840
<v Speaker 1>the New York District Attorney for directing hush money payments

0:19:53.840 --> 0:19:57.160
<v Speaker 1>to a porn star during his twenty sixteen campaign. Let's

0:19:57.160 --> 0:20:02.840
<v Speaker 1>bring in Bloomberg's Politics contributor g Genie Schanzano, who joins us. Now, Genie,

0:20:02.840 --> 0:20:05.400
<v Speaker 1>I know that you and Joe Matthew were talking earlier

0:20:05.600 --> 0:20:09.119
<v Speaker 1>about this as the news broke during your TV program.

0:20:09.400 --> 0:20:12.760
<v Speaker 1>I'd like to get your reaction. Yeah. I mean, I

0:20:12.760 --> 0:20:15.600
<v Speaker 1>think the word that comes to mind is unprecedented. And

0:20:15.680 --> 0:20:18.240
<v Speaker 1>we don't know what is going to happen. We don't

0:20:18.280 --> 0:20:20.800
<v Speaker 1>know the charges against him, But what we do know

0:20:21.440 --> 0:20:23.920
<v Speaker 1>is that we have a former president who is going

0:20:24.000 --> 0:20:27.000
<v Speaker 1>to have a mug shot and has his fingerprints taken,

0:20:27.320 --> 0:20:31.320
<v Speaker 1>and who can still run for president from behind bars,

0:20:31.560 --> 0:20:34.720
<v Speaker 1>who just the other day went to Waco where his

0:20:34.800 --> 0:20:38.760
<v Speaker 1>campaign designed these signs which talked about a witch hunt,

0:20:39.040 --> 0:20:42.040
<v Speaker 1>and he is going to continue to use that as

0:20:42.080 --> 0:20:44.480
<v Speaker 1>a way to drum up support. And the other thing

0:20:44.520 --> 0:20:47.640
<v Speaker 1>I would say, just today, we're looking at poles which

0:20:47.680 --> 0:20:51.000
<v Speaker 1>show him with a double digit lead in the Republican

0:20:51.280 --> 0:20:54.920
<v Speaker 1>nomination for president. So you know, when you say unprecedented,

0:20:54.960 --> 0:20:57.520
<v Speaker 1>when you say no rule books, that is exactly where

0:20:57.520 --> 0:20:59.840
<v Speaker 1>we are today. And oh, by the way, this is

0:20:59.840 --> 0:21:04.119
<v Speaker 1>the first, as you've been talking about, of many potential prosecutions.

0:21:04.119 --> 0:21:06.520
<v Speaker 1>In other words, the or indictments, I should say, in

0:21:06.560 --> 0:21:09.600
<v Speaker 1>other words, only the beginning and what is going to

0:21:09.720 --> 0:21:13.800
<v Speaker 1>unfold to be a real, you know, contentious and sort

0:21:13.800 --> 0:21:17.400
<v Speaker 1>of unpredictable election season as we move into twenty four.

0:21:17.600 --> 0:21:21.440
<v Speaker 1>Let's bring in Joe Matthew next. He is Bloomberg's Washington correspondent.

0:21:21.520 --> 0:21:23.560
<v Speaker 1>I want to correct what I just said earlier, Joe,

0:21:23.600 --> 0:21:26.080
<v Speaker 1>I thought Cheney joined you today on the TV program

0:21:26.080 --> 0:21:28.760
<v Speaker 1>when this news broke. I guess that wasn't the radio

0:21:28.840 --> 0:21:32.160
<v Speaker 1>program earlier. Okay, but you were on television when this

0:21:32.240 --> 0:21:34.520
<v Speaker 1>news broke. It was first reported by the New York

0:21:34.520 --> 0:21:38.240
<v Speaker 1>Times during your roundtable discussions. What are some of the

0:21:38.240 --> 0:21:40.720
<v Speaker 1>angles that you were able to tease out on this? Well,

0:21:40.720 --> 0:21:42.760
<v Speaker 1>you know, it's it's just depends who you want to

0:21:42.800 --> 0:21:45.040
<v Speaker 1>ask here. One of the questions we've been asking is

0:21:45.080 --> 0:21:48.879
<v Speaker 1>what's the response from Democrats and specifically the administration. The

0:21:48.960 --> 0:21:51.879
<v Speaker 1>answer is none. They're not weighing in on this, and

0:21:52.200 --> 0:21:55.360
<v Speaker 1>it says a lot about the posture of a president

0:21:55.400 --> 0:21:58.399
<v Speaker 1>in the case of Joe Biden, who's considering announcing a

0:21:58.480 --> 0:22:01.400
<v Speaker 1>run for reelection. On the other hand, we saw other

0:22:01.440 --> 0:22:04.600
<v Speaker 1>Democrats like Maxine Waters celebrating this, which really could it

0:22:05.040 --> 0:22:08.720
<v Speaker 1>be a political risk if it does fulfill the narrative

0:22:08.760 --> 0:22:12.080
<v Speaker 1>that Trump supporters have that this is a political attack.

0:22:12.600 --> 0:22:14.560
<v Speaker 1>I do want to mention I spent some time with

0:22:14.640 --> 0:22:17.879
<v Speaker 1>Lannie Davis earlier this week. That's Michael Cohen's lawyer, and

0:22:17.960 --> 0:22:21.359
<v Speaker 1>he just sent me a statement on this, because you know,

0:22:21.520 --> 0:22:24.800
<v Speaker 1>Michael Cohen went to jail. He actually did jail time

0:22:25.640 --> 0:22:29.439
<v Speaker 1>for this, for providing the payments that he says he

0:22:29.480 --> 0:22:32.440
<v Speaker 1>was reimbursed by from Donald Trump. Michael Cohen, he writes,

0:22:32.480 --> 0:22:34.480
<v Speaker 1>made the brave decision to speak truth to power and

0:22:34.520 --> 0:22:38.640
<v Speaker 1>accept the consequences, and has done so ever since. I'm

0:22:38.680 --> 0:22:40.400
<v Speaker 1>proud to have been his lawyer and his friend through

0:22:40.440 --> 0:22:43.000
<v Speaker 1>this long journey on the path to justice and accountability.

0:22:43.040 --> 0:22:45.920
<v Speaker 1>So that's the side the message coming from Michael cohenside.

0:22:45.960 --> 0:22:50.320
<v Speaker 1>We also heard from MAGA Inc statement from Taylor Buddh

0:22:50.400 --> 0:22:54.400
<v Speaker 1>which at MAGA Pack says, this is not an indictment

0:22:54.400 --> 0:22:56.960
<v Speaker 1>of a crime, there was no crime. Instead, this news

0:22:57.000 --> 0:22:59.600
<v Speaker 1>is the indictment of a failed nation. That sounds a

0:22:59.600 --> 0:23:01.840
<v Speaker 1>lot like what we heard from President Trump last weekend

0:23:01.960 --> 0:23:06.399
<v Speaker 1>in Waco. Doug He says that they're coming after me

0:23:06.520 --> 0:23:08.520
<v Speaker 1>because they can't beat me at the ballot box. He

0:23:08.560 --> 0:23:10.919
<v Speaker 1>calls this a new form of election interference. But he

0:23:10.960 --> 0:23:12.760
<v Speaker 1>was able to do a great deal of fundraising as

0:23:12.760 --> 0:23:14.800
<v Speaker 1>a result of he said it right. He sure did

0:23:14.880 --> 0:23:17.040
<v Speaker 1>that day that he said I'll be arrested on Tuesday.

0:23:17.040 --> 0:23:20.119
<v Speaker 1>That goes back to tuesdays now. He raised an enormous

0:23:20.160 --> 0:23:23.960
<v Speaker 1>amount of money, and I suspect that more fundraising emails

0:23:24.000 --> 0:23:27.400
<v Speaker 1>will go out now that it's actually happened. To Genie's point,

0:23:27.440 --> 0:23:30.840
<v Speaker 1>he gets potentially several more turns here. Fulton County, Georgia

0:23:30.840 --> 0:23:34.720
<v Speaker 1>and the Special Council here in Washington are making great progress.

0:23:34.760 --> 0:23:37.400
<v Speaker 1>We actually thought we'd hear from Georgia first. I don't

0:23:37.400 --> 0:23:40.120
<v Speaker 1>know how Genie would agree with me on this, but

0:23:40.200 --> 0:23:42.840
<v Speaker 1>that would suggest that we could hear from Fulton County

0:23:43.080 --> 0:23:46.679
<v Speaker 1>literally any day. Now. Imagine now not only the first

0:23:47.000 --> 0:23:49.800
<v Speaker 1>ever indictment of a former president who happens to be

0:23:49.840 --> 0:23:52.960
<v Speaker 1>seeking reelection, but it would be the first ever multiple

0:23:53.040 --> 0:23:55.320
<v Speaker 1>indictments at once. Genie, you want to weigh in on

0:23:55.440 --> 0:23:58.640
<v Speaker 1>that the Georgia case. Yeah, I think we're what we're

0:23:58.680 --> 0:24:01.040
<v Speaker 1>going to hear in reaction to that, And as Joe mentioned,

0:24:01.080 --> 0:24:05.240
<v Speaker 1>it's a stunning, absolute possibility, you know, is what Jim

0:24:05.320 --> 0:24:09.359
<v Speaker 1>Jordan tweeted, you have a representative in Congress, a leader

0:24:09.440 --> 0:24:13.840
<v Speaker 1>on the Republican side, tweeting outrageous in response to this indictment.

0:24:13.920 --> 0:24:17.800
<v Speaker 1>So you can imagine if the Fulton County prosecutor comes

0:24:17.800 --> 0:24:22.480
<v Speaker 1>down with another indictment. And the challenge here is do

0:24:22.720 --> 0:24:27.240
<v Speaker 1>these multiple indictments seem to Trump reporters and quite frankly

0:24:27.320 --> 0:24:30.280
<v Speaker 1>many on the Republican side, as what Joe described as

0:24:30.480 --> 0:24:34.800
<v Speaker 1>election interference. And this allows Donald Trump to portray himself

0:24:34.840 --> 0:24:38.480
<v Speaker 1>as a victim. And his message has always been not

0:24:38.520 --> 0:24:41.320
<v Speaker 1>just that he's a victim, but that his supporters are

0:24:41.359 --> 0:24:43.439
<v Speaker 1>a victim, that this is a witch hunt not just

0:24:43.520 --> 0:24:46.360
<v Speaker 1>against him, but of them. And he always says, if

0:24:46.359 --> 0:24:48.840
<v Speaker 1>they can do this to me, they'll do this to you.

0:24:49.280 --> 0:24:51.840
<v Speaker 1>So that's what we'll expect to hear from the campaign.

0:24:52.200 --> 0:24:55.760
<v Speaker 1>And I think if we do hear of Fulton County indictment,

0:24:56.000 --> 0:24:59.000
<v Speaker 1>and let's not forget about the federal potential indictments that

0:24:59.080 --> 0:25:01.760
<v Speaker 1>could come down, we are going to hear that in

0:25:02.000 --> 0:25:05.719
<v Speaker 1>steroids as we see these multiple mug shots of Donald Trump.

0:25:05.880 --> 0:25:11.119
<v Speaker 1>Alan Dershowitz on a conservative network just after this indictment

0:25:11.280 --> 0:25:14.320
<v Speaker 1>is announced, says he's going to use that mug shot

0:25:14.359 --> 0:25:17.720
<v Speaker 1>potentially Donald Trump as a poster for his presidential campaign.

0:25:17.880 --> 0:25:20.600
<v Speaker 1>Imagine that. Well, but Joe, that's an interesting point. I

0:25:20.600 --> 0:25:22.480
<v Speaker 1>mean Donald Trump. By the way, guys, this is the

0:25:22.520 --> 0:25:25.840
<v Speaker 1>first time we're hearing from him. This is a it's long,

0:25:25.920 --> 0:25:28.480
<v Speaker 1>it looks like a newspaper article. But I'll just give

0:25:28.480 --> 0:25:31.399
<v Speaker 1>you a couple of highlights. This is political persecution and

0:25:31.440 --> 0:25:34.639
<v Speaker 1>election interference at the highest level in history. From the

0:25:34.680 --> 0:25:37.160
<v Speaker 1>time I came down the Golden escalator at Trump Tower,

0:25:37.800 --> 0:25:40.960
<v Speaker 1>the radical left Democrats have been engaged in a witch

0:25:41.040 --> 0:25:43.679
<v Speaker 1>hunt to destroy the Make America Again movement. Now I'm

0:25:43.680 --> 0:25:46.040
<v Speaker 1>going to do a little site editing here. Never before

0:25:46.080 --> 0:25:48.640
<v Speaker 1>in our nation's history has this been done. He goes

0:25:48.680 --> 0:25:52.000
<v Speaker 1>on to say Manhattan DA Alvin Bragg handpicked and funded

0:25:52.000 --> 0:25:54.880
<v Speaker 1>by George Soros, and we continue to hear that dog

0:25:54.920 --> 0:25:58.159
<v Speaker 1>whistle is a disgrace. He goes on further to right,

0:25:58.200 --> 0:26:01.120
<v Speaker 1>I believe this witch hunt will backfire. Are massively on

0:26:01.240 --> 0:26:04.720
<v Speaker 1>Joe Biden, and he uses the word we here. We

0:26:04.840 --> 0:26:07.360
<v Speaker 1>will defeat Joe Biden. We are going to throw every

0:26:07.440 --> 0:26:09.719
<v Speaker 1>last one of these crooked Democrats out of office so

0:26:09.760 --> 0:26:12.320
<v Speaker 1>we can make America great again. There you have it

0:26:12.400 --> 0:26:15.359
<v Speaker 1>now at six twenty two pm Eastern time, the statement

0:26:15.400 --> 0:26:17.439
<v Speaker 1>from Donald J. Trump, Joe, I want to bring in

0:26:17.800 --> 0:26:21.119
<v Speaker 1>June Grasso, who is our legal expert here in the

0:26:21.160 --> 0:26:24.399
<v Speaker 1>New York studio. June. We know that the Department of

0:26:24.480 --> 0:26:28.240
<v Speaker 1>Justice now has Jack Smith a special council working on

0:26:28.280 --> 0:26:32.600
<v Speaker 1>two separate cases. Does this necessarily slow in any way

0:26:32.840 --> 0:26:37.480
<v Speaker 1>his intention or strategy, not at all, And he is

0:26:37.560 --> 0:26:40.800
<v Speaker 1>moving at warp speed. You just found out this week

0:26:40.960 --> 0:26:44.840
<v Speaker 1>that Mike Pence has been ordered to testify by a

0:26:44.960 --> 0:26:48.000
<v Speaker 1>judge to testify to the grand jury in that case,

0:26:48.080 --> 0:26:52.640
<v Speaker 1>the case involving January sixth, an investigation into whether Donald

0:26:52.680 --> 0:26:56.560
<v Speaker 1>Trump or his allies had any criminal activities with regard

0:26:56.600 --> 0:27:00.159
<v Speaker 1>to January sixth. So he's moving forward. He's got he's

0:27:00.200 --> 0:27:04.040
<v Speaker 1>got people coming in from lets. His lawyer, he had

0:27:04.080 --> 0:27:07.160
<v Speaker 1>his lawyer, Evan Corkrane come in and they've been fighting

0:27:07.240 --> 0:27:10.400
<v Speaker 1>all these different subpoenas and they've won all of them

0:27:10.400 --> 0:27:12.679
<v Speaker 1>as far as I can, as far as I know.

0:27:12.760 --> 0:27:15.800
<v Speaker 1>So they've won all these subpoenas with really unusual kinds

0:27:15.800 --> 0:27:19.639
<v Speaker 1>of arguments. Evan Corkrane, they used an argument that it

0:27:19.680 --> 0:27:22.720
<v Speaker 1>was an attorney client privilege, and they came back with

0:27:22.840 --> 0:27:26.639
<v Speaker 1>a crime fraud exception to that, and Mike Pence used

0:27:26.720 --> 0:27:30.760
<v Speaker 1>the theory that it was based on the speech or

0:27:30.840 --> 0:27:33.439
<v Speaker 1>debate clause, and the judge said, you can use that

0:27:33.520 --> 0:27:35.080
<v Speaker 1>for some of it, but you can't use it for

0:27:35.119 --> 0:27:37.960
<v Speaker 1>all of it, because everything you did that day was

0:27:38.040 --> 0:27:40.840
<v Speaker 1>not related to your activities on the floor of the House.

0:27:41.160 --> 0:27:43.760
<v Speaker 1>So I'm just saying they are moving really fast. They're

0:27:43.760 --> 0:27:46.840
<v Speaker 1>getting a lot of witnesses that the January sixth Committee

0:27:46.840 --> 0:27:49.360
<v Speaker 1>couldn't get, and that I don't think anyone else has

0:27:49.359 --> 0:27:52.520
<v Speaker 1>gotten either, Mark Meadows, So I think that they're moving

0:27:52.600 --> 0:27:55.200
<v Speaker 1>very quickly, and I don't think that and there if

0:27:55.240 --> 0:27:59.720
<v Speaker 1>they indict, that will take precedence over the state investigations

0:28:00.040 --> 0:28:03.159
<v Speaker 1>will move forward first. That's interesting, Joe. What do we

0:28:03.200 --> 0:28:06.960
<v Speaker 1>know about a reaction either from let's say, Ronda Santis

0:28:07.359 --> 0:28:10.840
<v Speaker 1>or Nicky Haley, any of the other candidates that are

0:28:11.040 --> 0:28:14.720
<v Speaker 1>chasing the GOP nomination. We haven't heard from candidates yet.

0:28:14.720 --> 0:28:17.680
<v Speaker 1>We have heard from a number of lawmakers on both

0:28:17.680 --> 0:28:20.160
<v Speaker 1>sides of the Aisle Adam Schiff Democrat of course Thorn

0:28:20.200 --> 0:28:23.440
<v Speaker 1>on the side of Donald Trump, whose years in the

0:28:23.480 --> 0:28:26.080
<v Speaker 1>White House and in fact was an impeachment. Manager says

0:28:26.119 --> 0:28:28.600
<v Speaker 1>the indictment of a former president is unprecedented, but so

0:28:28.680 --> 0:28:32.560
<v Speaker 1>too is the unlawful conduct in which Trump has been engaged.

0:28:33.280 --> 0:28:36.840
<v Speaker 1>We saw a celebratory statement from Maxine Waters. We've also

0:28:36.920 --> 0:28:43.160
<v Speaker 1>heard very different statements from some Republicans, and they're calling

0:28:43.200 --> 0:28:45.400
<v Speaker 1>this a witch hunt. So so far it, Douget's been

0:28:45.520 --> 0:28:47.760
<v Speaker 1>very predictable. To be perfectly honest with you, I'm just

0:28:47.760 --> 0:28:51.920
<v Speaker 1>really curious to hear what happens when centrists are called

0:28:52.360 --> 0:28:56.560
<v Speaker 1>to speak about this, particularly Democrats who want in Trump districts,

0:28:56.760 --> 0:29:00.000
<v Speaker 1>Republicans who want in Biden districts and have a potential

0:29:00.240 --> 0:29:01.720
<v Speaker 1>a lot to lose if they say the wrong thing

0:29:01.800 --> 0:29:04.960
<v Speaker 1>in the next cycle. So, Genie, neither a criminal charge

0:29:05.000 --> 0:29:08.200
<v Speaker 1>nor a conviction would disqualify mister Trump in any way

0:29:08.240 --> 0:29:11.800
<v Speaker 1>from running or even serving as president. And I'm probably

0:29:11.960 --> 0:29:14.360
<v Speaker 1>going to bet that he is going to proceed here

0:29:14.480 --> 0:29:18.120
<v Speaker 1>full more without kind of tripping over any of these

0:29:18.320 --> 0:29:21.520
<v Speaker 1>legal stumbling blocks. I mean, he knows what he's wants

0:29:21.560 --> 0:29:24.280
<v Speaker 1>and he's going to get there. Yeah. I mean, his

0:29:24.360 --> 0:29:26.960
<v Speaker 1>team has been preparing for this. I think it's clear

0:29:27.000 --> 0:29:29.719
<v Speaker 1>that they did not expect it today. They thought that

0:29:29.800 --> 0:29:31.960
<v Speaker 1>the grand jury was going to be out, they had

0:29:32.000 --> 0:29:34.360
<v Speaker 1>a little bit of time, so I think the timing

0:29:34.400 --> 0:29:37.120
<v Speaker 1>of this coming this afternoon was a shock, but the

0:29:37.240 --> 0:29:39.760
<v Speaker 1>fact that he might be indicted not a shock at all.

0:29:39.760 --> 0:29:42.080
<v Speaker 1>They've been preparing for this. That's why they have the

0:29:42.080 --> 0:29:45.080
<v Speaker 1>witch hunt posters printed. And he is going to run.

0:29:45.160 --> 0:29:47.600
<v Speaker 1>I mean, we've seen this before. Eugene V. Debs in

0:29:47.680 --> 0:29:52.440
<v Speaker 1>nineteen twenty sits in prison for espionage and runs for president.

0:29:52.720 --> 0:29:56.400
<v Speaker 1>So it is absolutely constitutional for him to do it,

0:29:56.640 --> 0:29:59.320
<v Speaker 1>and he has said he will do it, and in fact,

0:29:59.360 --> 0:30:02.080
<v Speaker 1>he is going to use it. He says to make

0:30:02.120 --> 0:30:05.200
<v Speaker 1>the case that he is, as Joe was talking about,

0:30:05.480 --> 0:30:09.800
<v Speaker 1>the victim of political persecution, the victim of election interference,

0:30:09.840 --> 0:30:12.640
<v Speaker 1>that this has been a plan by Democrats. And he

0:30:12.800 --> 0:30:16.240
<v Speaker 1>uses these sort of tropes that he talks about in

0:30:16.280 --> 0:30:19.280
<v Speaker 1>these statements about Alvin Bragg, the Manhattan Day and others

0:30:19.280 --> 0:30:23.360
<v Speaker 1>that are xenophobic and racist. He's used them and tried

0:30:23.400 --> 0:30:26.000
<v Speaker 1>to use them to his advantage. And of course I'm

0:30:26.040 --> 0:30:28.920
<v Speaker 1>looking right now at the Real Clear Politics average. He

0:30:29.040 --> 0:30:32.840
<v Speaker 1>is seventeen points ahead in the Real Clear Politics average.

0:30:33.080 --> 0:30:35.240
<v Speaker 1>So his numbers, by the way, in the last month

0:30:35.360 --> 0:30:38.640
<v Speaker 1>have double digit gone up. So if anybody thinks that

0:30:38.720 --> 0:30:40.200
<v Speaker 1>he is sort of, you know, going to be a

0:30:40.320 --> 0:30:42.320
<v Speaker 1>victimized by this in terms of his support in the

0:30:42.320 --> 0:30:45.200
<v Speaker 1>Republican side, we haven't seen that in the polls yet.

0:30:45.280 --> 0:30:48.600
<v Speaker 1>Of course, the indictment just coming out now, so maybe

0:30:48.600 --> 0:30:51.560
<v Speaker 1>that changes in the next couple of weeks. Joe, talk

0:30:51.640 --> 0:30:53.800
<v Speaker 1>to me a little bit about the reaction that may

0:30:54.120 --> 0:30:57.680
<v Speaker 1>happen from on the part of Trump's supporters to today's

0:30:57.720 --> 0:31:00.560
<v Speaker 1>news and the concern. I'm I'm sure in a number

0:31:00.600 --> 0:31:06.080
<v Speaker 1>of jurisdictions that there could be a level of protesting

0:31:06.120 --> 0:31:09.040
<v Speaker 1>that may risk on I don't want to say violence

0:31:09.120 --> 0:31:11.520
<v Speaker 1>or anything like that, but you know what I'm talking about. Well, yeah,

0:31:11.560 --> 0:31:13.000
<v Speaker 1>I mean, I think we can say there's been a

0:31:13.000 --> 0:31:14.920
<v Speaker 1>lot of concern about this. I'm glad you brought it up, Doug.

0:31:14.960 --> 0:31:16.720
<v Speaker 1>There's a reason why barricades are up in front of

0:31:16.720 --> 0:31:19.280
<v Speaker 1>the courthouse in New York. There's a reason why the

0:31:19.320 --> 0:31:22.440
<v Speaker 1>barricades went back up around the Capitol here in Washington.

0:31:22.800 --> 0:31:25.640
<v Speaker 1>When the former president says, you know, kind of following

0:31:25.720 --> 0:31:27.880
<v Speaker 1>up on his it'll be wild a tweak going back

0:31:27.880 --> 0:31:31.840
<v Speaker 1>to January six, we says, protest save our country calling

0:31:31.880 --> 0:31:35.120
<v Speaker 1>for the potential, at least as he said he didn't.

0:31:35.160 --> 0:31:37.040
<v Speaker 1>He didn't call for it, but he was warning of

0:31:37.080 --> 0:31:41.600
<v Speaker 1>the potential for death and destruction. We haven't seen this

0:31:41.640 --> 0:31:44.400
<v Speaker 1>happen yet, though, Doug. You know, when this first was

0:31:44.800 --> 0:31:47.080
<v Speaker 1>brought to our attention by the former president saying is

0:31:47.120 --> 0:31:49.880
<v Speaker 1>going to be arrested to tuesdays ago, there were more

0:31:49.880 --> 0:31:54.400
<v Speaker 1>reporters than protesters in outside that courthouse. And it does

0:31:54.680 --> 0:31:57.760
<v Speaker 1>make you wonder after what we saw in January six

0:31:57.800 --> 0:32:00.200
<v Speaker 1>the hundreds of people who are actually in jail, what

0:32:00.240 --> 0:32:03.040
<v Speaker 1>they did attacking our capital, if they know better. The

0:32:03.440 --> 0:32:07.360
<v Speaker 1>real concern from authorities we've talked to here is a

0:32:07.360 --> 0:32:10.360
<v Speaker 1>lone wolf, somebody driving into the barricade at the capital,

0:32:10.400 --> 0:32:12.560
<v Speaker 1>somebody doing something stupid in front of the courthouse, as

0:32:12.600 --> 0:32:16.479
<v Speaker 1>opposed to an organized event, an organized attack like we

0:32:16.520 --> 0:32:19.800
<v Speaker 1>saw in January sixth. Yeah, most definitely big concern. June

0:32:19.840 --> 0:32:22.400
<v Speaker 1>final thoughts, as we kind of rap, I'm sort of

0:32:22.480 --> 0:32:25.560
<v Speaker 1>numb because we were expecting this for so long, and

0:32:25.600 --> 0:32:28.280
<v Speaker 1>then we sort of put it aside and started to

0:32:28.280 --> 0:32:30.200
<v Speaker 1>think that maybe it wouldn't happen. I mean, this is

0:32:30.280 --> 0:32:34.800
<v Speaker 1>going to be an incredible case, whether it's a misdemeanor

0:32:34.840 --> 0:32:36.920
<v Speaker 1>and a felony hook together. But it's going to be

0:32:36.960 --> 0:32:40.080
<v Speaker 1>an incredible case and we'll see something that we've never

0:32:40.120 --> 0:32:44.240
<v Speaker 1>seen before. We'll see how a president is treated in

0:32:44.240 --> 0:32:47.360
<v Speaker 1>a criminal trial. It's going to be you know, I

0:32:48.280 --> 0:32:51.240
<v Speaker 1>have only superlatives right now. Okay, Well, I want you

0:32:51.280 --> 0:32:53.160
<v Speaker 1>to stick around, June, because we're going to be speaking

0:32:53.160 --> 0:32:56.040
<v Speaker 1>with Michael Zelden in a moment. I want to say

0:32:56.040 --> 0:32:58.920
<v Speaker 1>goodbye and thanks to Joe Matthew, who is a Bloomberg

0:32:58.960 --> 0:33:04.680
<v Speaker 1>Washington correspond and Jeanie Shanzano, who is a Bloomberg Politics contributor,

0:33:05.040 --> 0:33:08.280
<v Speaker 1>joining us as we unpack the news of the last hour,

0:33:08.680 --> 0:33:11.760
<v Speaker 1>Donald Trump being indicted by the New York District Attorney

0:33:11.760 --> 0:33:15.720
<v Speaker 1>for directing hush hush money payments to a porn star

0:33:15.840 --> 0:33:18.960
<v Speaker 1>during his twenty sixteen campaign. All right, now, let's get

0:33:19.000 --> 0:33:21.040
<v Speaker 1>to our guest. We are joined by Michael Zelden. He

0:33:21.080 --> 0:33:24.760
<v Speaker 1>is a former federal prosecutor and former special counsel to

0:33:24.920 --> 0:33:27.720
<v Speaker 1>Robert Muller. He had worked at the Department of Justice.

0:33:28.080 --> 0:33:30.080
<v Speaker 1>Mister Zelden, thanks for being with us. Let me get

0:33:30.080 --> 0:33:32.680
<v Speaker 1>your reaction right out of the gate. Well, it's a

0:33:32.720 --> 0:33:35.480
<v Speaker 1>little bit surprising As to the timing, we all thought

0:33:35.520 --> 0:33:38.200
<v Speaker 1>that the grand jury was on pause for minutes, so

0:33:38.280 --> 0:33:40.800
<v Speaker 1>that came as a bit of a surprise. As to

0:33:40.880 --> 0:33:43.680
<v Speaker 1>the merits of the case, we have to see the indictment.

0:33:43.880 --> 0:33:47.720
<v Speaker 1>There are people like me who worried about the integrity

0:33:47.720 --> 0:33:52.760
<v Speaker 1>of a case like this, A state pavement of hush

0:33:52.800 --> 0:33:57.280
<v Speaker 1>money tied to a federal election case never been done before.

0:33:57.480 --> 0:34:00.800
<v Speaker 1>Whether it's a viable legal theory remains to be seen.

0:34:01.160 --> 0:34:03.880
<v Speaker 1>So really we're in the oh my god, he's been

0:34:03.920 --> 0:34:07.480
<v Speaker 1>indicted moment, and now let's see what the prosecutors can

0:34:07.960 --> 0:34:13.080
<v Speaker 1>show us gave reason for that indictment. So, Michael, you

0:34:13.200 --> 0:34:16.600
<v Speaker 1>talked about this novel legal theory. Do you think that

0:34:16.800 --> 0:34:21.040
<v Speaker 1>it's something that a judge might dismiss even before the

0:34:21.120 --> 0:34:24.680
<v Speaker 1>case got to trial. Is it that novel? I don't

0:34:24.719 --> 0:34:27.400
<v Speaker 1>know that it would be that novel that it would

0:34:27.400 --> 0:34:30.759
<v Speaker 1>be dismissed before the case, But it could get dismissed

0:34:31.320 --> 0:34:34.360
<v Speaker 1>mid case, you know, after the prosecution rests, the government

0:34:35.400 --> 0:34:38.440
<v Speaker 1>then turns over to defense and they can move him

0:34:38.880 --> 0:34:41.920
<v Speaker 1>to have the case dismissed at that point. But I

0:34:41.960 --> 0:34:45.840
<v Speaker 1>think on the paper it probably won't get dismissed. It

0:34:45.960 --> 0:34:48.759
<v Speaker 1>probably should go to a jury. But it's a great

0:34:48.840 --> 0:34:53.040
<v Speaker 1>question because the theory is novel. We have to wait

0:34:53.080 --> 0:34:56.920
<v Speaker 1>and see whether the court thinks that it's so novel

0:34:56.960 --> 0:34:59.680
<v Speaker 1>that it is worthy of going forward to the jury

0:34:59.800 --> 0:35:02.680
<v Speaker 1>or gets dismissed right out. We just don't know. We

0:35:03.040 --> 0:35:06.360
<v Speaker 1>know the prosecution star witnesses Michael Cohen, and he is

0:35:06.800 --> 0:35:09.839
<v Speaker 1>a felon, He's been convicted and served time. Does that

0:35:10.480 --> 0:35:14.360
<v Speaker 1>majorly erode his credibility in a case like this? Sure?

0:35:14.880 --> 0:35:17.440
<v Speaker 1>And one of the things that I saw on the

0:35:17.480 --> 0:35:22.000
<v Speaker 1>news today was that Alan Weisselberg, the CFO of the

0:35:22.000 --> 0:35:28.480
<v Speaker 1>Trump organization who's in jail on unrelated charges, has changed

0:35:28.560 --> 0:35:31.360
<v Speaker 1>lawyers from a Trump paid for a lawyer to a

0:35:31.400 --> 0:35:35.200
<v Speaker 1>new legal team, And that gave me pause to wonder

0:35:35.239 --> 0:35:38.319
<v Speaker 1>when whether he's going to start cooperating, because he's the

0:35:38.360 --> 0:35:41.960
<v Speaker 1>person who can make this case much better than Cohen. He,

0:35:42.200 --> 0:35:46.240
<v Speaker 1>though convicted of a crime, really knows much more about

0:35:46.239 --> 0:35:49.680
<v Speaker 1>the financial dealings than does Michael Cohen. So if you've

0:35:49.719 --> 0:35:54.200
<v Speaker 1>just got to Michael cohen witness and documents and an

0:35:54.280 --> 0:35:57.760
<v Speaker 1>argument that this was a payment made not to violate

0:35:57.760 --> 0:36:01.080
<v Speaker 1>through election law, but rather just to protect his family

0:36:01.160 --> 0:36:06.560
<v Speaker 1>from the allegations. It's a very triable case. But they've

0:36:06.560 --> 0:36:09.400
<v Speaker 1>been trying to flip him or prosecutors try to flip

0:36:09.480 --> 0:36:12.400
<v Speaker 1>him for the longest time, and they couldn't. They couldn't

0:36:12.400 --> 0:36:16.200
<v Speaker 1>flip him to testify against Trump. He would testified to

0:36:16.560 --> 0:36:20.200
<v Speaker 1>what happened in the company. But he didn't testify against Trump.

0:36:20.239 --> 0:36:23.520
<v Speaker 1>And he's still being paid by the Trump organization a

0:36:23.600 --> 0:36:26.520
<v Speaker 1>lot of money. Do you really think that he would

0:36:26.880 --> 0:36:28.600
<v Speaker 1>that they'd be able to flip him at this point

0:36:28.640 --> 0:36:32.200
<v Speaker 1>after he's gone to prison. Well, it depends on what

0:36:32.239 --> 0:36:35.920
<v Speaker 1>they have to offer him. For example, if they have

0:36:36.000 --> 0:36:39.840
<v Speaker 1>to offer him another indictment for some type of insurance

0:36:39.840 --> 0:36:42.640
<v Speaker 1>fraud which you've heard about, and he spent time in

0:36:42.760 --> 0:36:45.400
<v Speaker 1>Rikers Island and he knows how unpleasant that is, and

0:36:45.560 --> 0:36:48.560
<v Speaker 1>he's facing the postil he's spending even more time there.

0:36:48.840 --> 0:36:51.479
<v Speaker 1>That might be enough to have him change his mind.

0:36:51.520 --> 0:36:54.080
<v Speaker 1>If they're just saying, please, out of the goodness of

0:36:54.080 --> 0:36:57.600
<v Speaker 1>your heart, do it. There's not a chance when it

0:36:57.680 --> 0:37:00.960
<v Speaker 1>comes to trying to find a jury during the dear process.

0:37:01.040 --> 0:37:03.960
<v Speaker 1>I mean, here we are in Manhattan, and I'm wondering

0:37:04.000 --> 0:37:06.560
<v Speaker 1>whether or not it's going to be very difficult for

0:37:06.600 --> 0:37:09.000
<v Speaker 1>the Trump legal team to even come to an agreement

0:37:09.000 --> 0:37:11.279
<v Speaker 1>with a DA's office on a suitable jury. Is that

0:37:11.320 --> 0:37:13.319
<v Speaker 1>going to be a huge hurtle as well? Well. It's

0:37:13.320 --> 0:37:15.400
<v Speaker 1>going to be a big issue for the judge to

0:37:15.480 --> 0:37:19.359
<v Speaker 1>make sure that the jury's selection process is fair to

0:37:19.400 --> 0:37:23.880
<v Speaker 1>the defendant and fair to the prosecution. And I expect

0:37:23.920 --> 0:37:26.200
<v Speaker 1>that will take a long time. But we have other

0:37:26.280 --> 0:37:30.600
<v Speaker 1>cases that are almost equally famous, though not a former president,

0:37:31.000 --> 0:37:35.960
<v Speaker 1>where they have successfully selected jewelry. So I'm not of

0:37:36.040 --> 0:37:37.759
<v Speaker 1>the mind that they won't be able to do it here.

0:37:37.800 --> 0:37:40.759
<v Speaker 1>It just has to be very carefully undertaken. You can

0:37:40.800 --> 0:37:45.880
<v Speaker 1>have people who have a predisposition of guilt or innocence

0:37:46.160 --> 0:37:49.240
<v Speaker 1>prior to their being seated as a juror and listening

0:37:49.239 --> 0:37:52.200
<v Speaker 1>to the evidence that is accepted in the court. How

0:37:52.280 --> 0:37:54.479
<v Speaker 1>much if you had to bet on it? How much

0:37:54.560 --> 0:37:58.480
<v Speaker 1>of a spectacle do you think Donald Trump will try

0:37:58.520 --> 0:38:00.640
<v Speaker 1>to make out of this arrest or do you think

0:38:00.680 --> 0:38:03.719
<v Speaker 1>it's going to be handled as you know all the

0:38:03.800 --> 0:38:07.560
<v Speaker 1>high profile arrests are. He turns himself in, he gets

0:38:07.600 --> 0:38:10.440
<v Speaker 1>you booked, we see the mug shots eventually, but not

0:38:10.480 --> 0:38:14.400
<v Speaker 1>a lot of hoop law. Are you asking whether Donald

0:38:14.400 --> 0:38:17.960
<v Speaker 1>Trump is able to change his spots at this point

0:38:17.960 --> 0:38:20.480
<v Speaker 1>in his life. I think the answer to that probably

0:38:20.680 --> 0:38:23.840
<v Speaker 1>is no. I expect that, as with the other cases

0:38:24.440 --> 0:38:28.120
<v Speaker 1>with lawyers who have begged him to please ratcheted down

0:38:28.560 --> 0:38:31.239
<v Speaker 1>and he has refused, that will be the case here there.

0:38:31.239 --> 0:38:34.719
<v Speaker 1>I don't think any lawyer really wants their client out

0:38:34.760 --> 0:38:38.279
<v Speaker 1>in the public speaking the way the President has spoken

0:38:38.440 --> 0:38:41.279
<v Speaker 1>in previous cases. So I don't think the president is

0:38:41.320 --> 0:38:44.600
<v Speaker 1>capable of change. Lucky, there's no escalator to come down

0:38:44.680 --> 0:38:47.760
<v Speaker 1>to the arraignment. If you're part of the Trump legal team,

0:38:47.800 --> 0:38:50.640
<v Speaker 1>I mean, are you pretty confident that you understand all

0:38:50.680 --> 0:38:53.560
<v Speaker 1>the evidence against your client at this point or could

0:38:53.560 --> 0:38:57.439
<v Speaker 1>there be a process of discovery where you learn more

0:38:57.640 --> 0:39:02.680
<v Speaker 1>about the evidence that would be kind of incriminating you

0:39:02.920 --> 0:39:05.719
<v Speaker 1>for your client. I think you have a sense of

0:39:05.760 --> 0:39:09.160
<v Speaker 1>what's going on here evidentually, but of course you want

0:39:09.200 --> 0:39:11.600
<v Speaker 1>to find out more. You want to know there have

0:39:11.680 --> 0:39:14.359
<v Speaker 1>been people going in and out of that grand jury

0:39:14.400 --> 0:39:16.360
<v Speaker 1>for a very long time, there have been documents have

0:39:16.440 --> 0:39:19.080
<v Speaker 1>been presented today grandjury for a very low time, and

0:39:19.120 --> 0:39:23.520
<v Speaker 1>as defense counsel, you're entitled to know about this stuff,

0:39:23.520 --> 0:39:27.760
<v Speaker 1>and so you're going to vigorously seek additional information about

0:39:27.800 --> 0:39:31.399
<v Speaker 1>what the charges are. But that said, I think that

0:39:31.480 --> 0:39:36.279
<v Speaker 1>the lawyers for Trump understand pretty fundamentally what's at play here.

0:39:38.160 --> 0:39:42.640
<v Speaker 1>Joan Anything, Well, I'm sort of I think I think we've,

0:39:42.840 --> 0:39:47.000
<v Speaker 1>like I know what, let's talk about the Special counsel

0:39:47.040 --> 0:39:50.279
<v Speaker 1>for a minute and that investigation. Do you think that

0:39:50.360 --> 0:39:55.640
<v Speaker 1>investigation will overtake this investigation? Which of the aspects of

0:39:55.640 --> 0:39:58.240
<v Speaker 1>the Special Council, of the Moro Lago documents or genuinely

0:39:58.280 --> 0:40:00.360
<v Speaker 1>either one? You pick? You pick one. If there's a

0:40:00.960 --> 0:40:04.799
<v Speaker 1>there's a whole realm of possible indictments here, and we'll

0:40:04.800 --> 0:40:07.440
<v Speaker 1>be on air now till about nine tonight. Which is

0:40:07.440 --> 0:40:11.640
<v Speaker 1>the stronger case as you see things at this point? Well,

0:40:12.000 --> 0:40:15.680
<v Speaker 1>it's interesting because both cases now have had very recent

0:40:16.120 --> 0:40:19.680
<v Speaker 1>important developments. In both cases, I believe that the prosecutor

0:40:19.719 --> 0:40:24.799
<v Speaker 1>has needed more direct evidence tying Donald Trump to the activities.

0:40:24.840 --> 0:40:28.160
<v Speaker 1>So in Mara Lago, I think we needed more evidence

0:40:28.200 --> 0:40:32.600
<v Speaker 1>about Trump and the documents and what he said and

0:40:32.680 --> 0:40:35.600
<v Speaker 1>did with respect to those documents. We now know that

0:40:35.960 --> 0:40:42.000
<v Speaker 1>his former lawyer Corkran, who tried to evade testimony assertions

0:40:42.000 --> 0:40:45.239
<v Speaker 1>of executive privilege, has been required to testify and he

0:40:45.320 --> 0:40:47.759
<v Speaker 1>was in the grand jury for three hours. We know

0:40:47.840 --> 0:40:52.840
<v Speaker 1>that the person who worked on Trump's security team that

0:40:53.000 --> 0:40:57.080
<v Speaker 1>actually moved the boxes may well have to testify too,

0:40:57.120 --> 0:40:59.920
<v Speaker 1>So those are very important witnesses to understand whether they

0:41:00.480 --> 0:41:05.200
<v Speaker 1>obstructionist behavior. Similarly, in January six we now know that

0:41:05.239 --> 0:41:08.720
<v Speaker 1>Mark Meadows and a whole host of other inner circle

0:41:08.760 --> 0:41:13.520
<v Speaker 1>Trump people have been required to testify in that case.

0:41:13.560 --> 0:41:18.200
<v Speaker 1>So in both cases we're getting inside the sort of

0:41:18.360 --> 0:41:22.719
<v Speaker 1>dome of Trump's inner circle to see what Trump knew

0:41:22.960 --> 0:41:26.640
<v Speaker 1>and did. And I think both of those cases there

0:41:26.800 --> 0:41:30.000
<v Speaker 1>for are in a much stronger position they were a

0:41:30.080 --> 0:41:33.279
<v Speaker 1>week or so ago, which is the more which is

0:41:33.320 --> 0:41:37.000
<v Speaker 1>a stronger case. I think the Mari Lago case is

0:41:37.239 --> 0:41:40.840
<v Speaker 1>the more straightforward case if they can tie Trump to

0:41:41.680 --> 0:41:45.239
<v Speaker 1>obstructing the investigation, that is, he gave directions of any

0:41:45.280 --> 0:41:48.680
<v Speaker 1>sort to not reply to the grandeous speedis I think

0:41:48.680 --> 0:41:51.880
<v Speaker 1>it's a much more cut and dried case. The January

0:41:52.040 --> 0:41:57.120
<v Speaker 1>sixth case of conspiracy to evade, to avoid, and to

0:41:57.400 --> 0:42:01.600
<v Speaker 1>obstruct the transfer power a little bit more complicated case.

0:42:01.640 --> 0:42:03.480
<v Speaker 1>So if I had to pick one or the other,

0:42:03.520 --> 0:42:05.640
<v Speaker 1>if I were prosecutives that pick one or the other

0:42:05.680 --> 0:42:08.080
<v Speaker 1>to try, and I had the evidence to tie Trump

0:42:08.120 --> 0:42:11.000
<v Speaker 1>to the activity. I'll go at the Marlongo doc so

0:42:11.120 --> 0:42:15.479
<v Speaker 1>Michael June made the case earlier that Special Council Jack

0:42:15.520 --> 0:42:19.360
<v Speaker 1>Smith has been moving very, very expeditiously, and I'm wondering

0:42:19.400 --> 0:42:22.920
<v Speaker 1>whether or not the developments today this indictment from the

0:42:22.920 --> 0:42:25.360
<v Speaker 1>New York DA proves to be a little bit of

0:42:25.400 --> 0:42:28.279
<v Speaker 1>an accelerant to that process, does it or does Jack

0:42:28.360 --> 0:42:31.839
<v Speaker 1>Smith continue to move at his own pace irrespective of

0:42:31.840 --> 0:42:34.480
<v Speaker 1>what we've learned today. I think the latter. I think

0:42:34.520 --> 0:42:37.799
<v Speaker 1>that he has to be bound by the law and

0:42:38.160 --> 0:42:42.360
<v Speaker 1>facts in his case that this doesn't put any additional

0:42:42.440 --> 0:42:45.120
<v Speaker 1>pressure on him to be second, if you will, I

0:42:45.120 --> 0:42:47.799
<v Speaker 1>think that all of these guys, unless they have a

0:42:48.360 --> 0:42:50.960
<v Speaker 1>statue of limitations like New York had where they had

0:42:51.000 --> 0:42:54.319
<v Speaker 1>to move quickly before the statue of limitations ran out,

0:42:54.920 --> 0:42:57.759
<v Speaker 1>which is still a sort of an issue there, I

0:42:57.800 --> 0:42:59.720
<v Speaker 1>think these guys have to go at their own pace

0:43:00.160 --> 0:43:03.520
<v Speaker 1>and make their determinations on the facts and the evidence

0:43:03.520 --> 0:43:06.120
<v Speaker 1>that they're able to acquire. Great conversation, Michael, thank you

0:43:06.160 --> 0:43:07.920
<v Speaker 1>so much for making time to chat with us on

0:43:07.960 --> 0:43:12.239
<v Speaker 1>today's developments. He is Michael Zeldon, former federal prosecutor and

0:43:12.440 --> 0:43:15.480
<v Speaker 1>former special counsel to Robert Muller when he worked at

0:43:15.520 --> 0:43:18.200
<v Speaker 1>the Department of Justice June. Before we get to our

0:43:18.239 --> 0:43:20.719
<v Speaker 1>next guest, is there anything that came out of that

0:43:20.760 --> 0:43:23.759
<v Speaker 1>conversation that caused you to think of something in a

0:43:23.800 --> 0:43:26.759
<v Speaker 1>way maybe that you hadn't thought of previously. Well, I

0:43:26.800 --> 0:43:30.200
<v Speaker 1>think you know, truth be told, we've all discussed these

0:43:30.239 --> 0:43:33.000
<v Speaker 1>cases and they haven't even been brought yet. We've all

0:43:33.040 --> 0:43:36.680
<v Speaker 1>discussed these cases over and over and over again, all

0:43:36.719 --> 0:43:38.759
<v Speaker 1>the little details. I mean, how many cases do you

0:43:38.800 --> 0:43:41.360
<v Speaker 1>know about each subpoena that's been served in all the

0:43:41.440 --> 0:43:44.480
<v Speaker 1>different objections to the subpoena end, do you get a

0:43:44.600 --> 0:43:47.759
<v Speaker 1>comment from the possible defendant on it? So, I think

0:43:47.840 --> 0:43:50.680
<v Speaker 1>that you know, we know the facts. As Bob min

0:43:50.760 --> 0:43:53.960
<v Speaker 1>sends before, the facts are not going to surprise us

0:43:54.000 --> 0:43:56.480
<v Speaker 1>in this case. We know the facts. The question is

0:43:56.520 --> 0:44:00.600
<v Speaker 1>whether putting those facts before a jury and the novel theory,

0:44:00.719 --> 0:44:04.000
<v Speaker 1>whether the jury will convict. Let's bring in Jack Fitzpatrick.

0:44:04.040 --> 0:44:07.120
<v Speaker 1>He is Bloomberg government congressional reporter who joins us on

0:44:07.160 --> 0:44:10.280
<v Speaker 1>the line from Washington. Jack, have you had any reaction

0:44:10.760 --> 0:44:12.440
<v Speaker 1>or learned of any reaction on the part of the

0:44:12.480 --> 0:44:17.080
<v Speaker 1>White House not from the White House yet. It'll be

0:44:17.160 --> 0:44:19.480
<v Speaker 1>very interesting to see how they handle this. It is

0:44:19.480 --> 0:44:24.520
<v Speaker 1>such an unprecedented event that it's hard to imagine that

0:44:24.560 --> 0:44:27.279
<v Speaker 1>they will not put out a comment. But at the

0:44:27.280 --> 0:44:32.800
<v Speaker 1>same time, with the legal troubles around former President Trump,

0:44:32.840 --> 0:44:36.840
<v Speaker 1>it's not something that President Biden has engaged in very frequently,

0:44:36.880 --> 0:44:39.960
<v Speaker 1>so it's a difficult position for them. But at this

0:44:40.040 --> 0:44:43.120
<v Speaker 1>point they are They have not put out a statement

0:44:43.160 --> 0:44:45.799
<v Speaker 1>just yet. It is six forty on Wall Street. You're

0:44:45.840 --> 0:44:49.680
<v Speaker 1>listening to a special coverage. Normally it would be Daybreak Asia,

0:44:49.719 --> 0:44:52.960
<v Speaker 1>but we have preempted that programming to cover the indictment

0:44:53.000 --> 0:44:56.000
<v Speaker 1>of former President Donald Trump here in New York City

0:44:56.080 --> 0:44:59.879
<v Speaker 1>by the city's District Attorney, the charge directing hush money

0:45:00.000 --> 0:45:03.840
<v Speaker 1>payments to a porn star during his twenty sixteen campaign.

0:45:03.880 --> 0:45:06.480
<v Speaker 1>I say that loosely because June, at this point we

0:45:06.520 --> 0:45:09.400
<v Speaker 1>don't know of the specific charges. I just want to

0:45:09.440 --> 0:45:11.640
<v Speaker 1>be specific about that, and I also want to be

0:45:11.680 --> 0:45:15.480
<v Speaker 1>specific in bringing back into the conversation Bloomberg's Ed Baxter,

0:45:15.520 --> 0:45:18.160
<v Speaker 1>who joins us from our newsroom in San Francisco. Eddie,

0:45:18.160 --> 0:45:20.640
<v Speaker 1>I'll turn things over to you, let me ask Jack.

0:45:20.680 --> 0:45:22.640
<v Speaker 1>Then I want to I want to and I know

0:45:22.680 --> 0:45:26.480
<v Speaker 1>that we've talked about this during the hour, but how

0:45:25.960 --> 0:45:29.040
<v Speaker 1>do mister Trump will try? He's a master of rolling

0:45:29.080 --> 0:45:32.160
<v Speaker 1>this and spenning this. How does he spin it and

0:45:32.360 --> 0:45:35.440
<v Speaker 1>actually politically I guess we'll have to wait and see

0:45:35.520 --> 0:45:40.239
<v Speaker 1>some But does this work in his favor? He will

0:45:40.280 --> 0:45:42.560
<v Speaker 1>definitely try to make this work in his favor. It

0:45:42.680 --> 0:45:47.680
<v Speaker 1>raises some questions about how many people will consider this

0:45:48.080 --> 0:45:50.560
<v Speaker 1>something that works in his favor. There is a statement

0:45:50.600 --> 0:45:54.719
<v Speaker 1>out by the former president, a long statement essentially thinking

0:45:54.760 --> 0:45:59.280
<v Speaker 1>this is political persecution and election interference. It's a long

0:45:59.360 --> 0:46:03.280
<v Speaker 1>list of his complains about how he's been treated, taking

0:46:03.320 --> 0:46:08.600
<v Speaker 1>shots at the Manhattan DA Alvin Bragg considering that he

0:46:08.640 --> 0:46:11.959
<v Speaker 1>got out in front of this. This for his die

0:46:12.000 --> 0:46:17.600
<v Speaker 1>hard supporters could present a fundraising opportunity, but it certainly

0:46:17.680 --> 0:46:21.880
<v Speaker 1>raises questions about how other Republicans respond to it. What

0:46:22.000 --> 0:46:24.239
<v Speaker 1>Ron De Santis has to say, what Nicky Haley has

0:46:24.280 --> 0:46:27.400
<v Speaker 1>to say, what maybe more moderate Republican voters think about this.

0:46:28.040 --> 0:46:30.759
<v Speaker 1>So it may be sort of a split answer in

0:46:30.880 --> 0:46:34.480
<v Speaker 1>terms of if it helps him with some die hard

0:46:34.520 --> 0:46:38.520
<v Speaker 1>supporters but hurts him elsewhere. Now appalling wise, he is

0:46:38.520 --> 0:46:44.640
<v Speaker 1>still acting showing very very very strongly with his base.

0:46:44.760 --> 0:46:48.600
<v Speaker 1>But within the Republican Party, have we seen any signs

0:46:48.640 --> 0:46:54.239
<v Speaker 1>whatsoever that an indictment could weaken that support or do

0:46:54.320 --> 0:46:57.680
<v Speaker 1>we know or could have strengthen it. That is very

0:46:57.760 --> 0:47:00.600
<v Speaker 1>difficult to predict, and to be honest, at this point

0:47:00.640 --> 0:47:03.160
<v Speaker 1>when you look at the polls and you see he

0:47:03.320 --> 0:47:05.600
<v Speaker 1>is the front runner in a sense. There was just

0:47:05.640 --> 0:47:10.080
<v Speaker 1>a Fox News poll showing Trump in a theoretical Republican

0:47:10.640 --> 0:47:14.240
<v Speaker 1>primary matchup with fifty four percent, a thirty point advantage

0:47:14.280 --> 0:47:17.439
<v Speaker 1>over RHN DE Santists. But remember that it is still

0:47:17.600 --> 0:47:21.440
<v Speaker 1>March twenty twenty three. Desantists has not launched a campaign.

0:47:22.200 --> 0:47:25.600
<v Speaker 1>People are not coming after him just yet. A lot

0:47:25.600 --> 0:47:30.279
<v Speaker 1>of Republicans are playing this very carefully, maybe alluding to

0:47:30.320 --> 0:47:32.520
<v Speaker 1>it at times. There is a statement by Decantists that

0:47:32.560 --> 0:47:37.120
<v Speaker 1>will alluded to his legal troubles, but really, we won't

0:47:37.239 --> 0:47:40.239
<v Speaker 1>know how this plays in polls one until we get

0:47:40.280 --> 0:47:43.120
<v Speaker 1>the polls in two, until someone whether it's RHN DE

0:47:43.200 --> 0:47:47.560
<v Speaker 1>Santist or some other competition decides to go after him

0:47:47.560 --> 0:47:49.520
<v Speaker 1>and make it an issue and try to really make

0:47:49.520 --> 0:47:52.920
<v Speaker 1>a run. Yeah, Jack's hanging there for a second, because

0:47:52.960 --> 0:47:54.920
<v Speaker 1>we are getting a headline up on the terminal that

0:47:55.360 --> 0:47:58.560
<v Speaker 1>it looks like the arraignment, at least according to CNN,

0:47:58.640 --> 0:48:01.279
<v Speaker 1>will happen our early next week. So June, let me

0:48:01.320 --> 0:48:05.160
<v Speaker 1>ask you, and for somebody who's just tuning in to Bloomberg,

0:48:05.680 --> 0:48:08.960
<v Speaker 1>the legal process itself. Obviously, it's not going to be

0:48:08.960 --> 0:48:12.880
<v Speaker 1>as public as the end quotes average citizen. But what

0:48:13.239 --> 0:48:16.640
<v Speaker 1>do we expect for the arraignment and for any kind

0:48:16.640 --> 0:48:21.520
<v Speaker 1>of arrest. Well, first of all, Alvin Bragg's office is

0:48:21.600 --> 0:48:26.320
<v Speaker 1>going to work with Donald Trump's attorneys to arrange him

0:48:26.360 --> 0:48:29.360
<v Speaker 1>turning himself in, so there won't be any purer walk.

0:48:29.400 --> 0:48:32.399
<v Speaker 1>There won't be any handcuffs, though I have heard that

0:48:32.440 --> 0:48:36.120
<v Speaker 1>there have been discussions about whether or not there might

0:48:36.120 --> 0:48:39.960
<v Speaker 1>be handcuffs at some point. That's still an issue apparently,

0:48:40.000 --> 0:48:43.440
<v Speaker 1>but there don't have to be handcuffs. And also, the

0:48:43.520 --> 0:48:48.279
<v Speaker 1>Secret Service has been coordinating security plans with the NYPD,

0:48:48.440 --> 0:48:51.440
<v Speaker 1>and the event of an indictment in arraignment, the arraignment

0:48:51.480 --> 0:48:54.919
<v Speaker 1>would take place in open courtroom in Manhattan. Trump would

0:48:54.920 --> 0:48:59.280
<v Speaker 1>be fingerprinted and booked before that, and that mug shot

0:48:59.400 --> 0:49:02.720
<v Speaker 1>most likely will find its way to you know, every

0:49:03.239 --> 0:49:06.120
<v Speaker 1>media outlet in the country. So as far as that

0:49:06.200 --> 0:49:09.800
<v Speaker 1>the fingerprinting and the booking that would be done as

0:49:09.880 --> 0:49:13.080
<v Speaker 1>in any other case, and then he'll be arraigned in

0:49:13.239 --> 0:49:18.320
<v Speaker 1>open court. And as I said before, it's it's not likely,

0:49:18.719 --> 0:49:21.239
<v Speaker 1>it's unlikely that he you know, that there would be

0:49:21.280 --> 0:49:24.840
<v Speaker 1>any question of bail or anything like that. They'll release

0:49:24.920 --> 0:49:28.480
<v Speaker 1>him on his own recognizance, and then the next step

0:49:28.880 --> 0:49:31.359
<v Speaker 1>depends on, you know, the judge when the next date

0:49:31.560 --> 0:49:33.880
<v Speaker 1>is that they'll do something in court. But you know,

0:49:33.920 --> 0:49:35.919
<v Speaker 1>a lot of this is up to Donald Trump, whether

0:49:35.960 --> 0:49:39.520
<v Speaker 1>he wants to keep this, you know, just driving down

0:49:39.560 --> 0:49:42.160
<v Speaker 1>to the office and turning himself in, or whether he's

0:49:42.160 --> 0:49:45.239
<v Speaker 1>going to come out of the court house after that

0:49:45.360 --> 0:49:48.920
<v Speaker 1>and appear before his whoever's gathered there. I mean, you

0:49:49.000 --> 0:49:51.759
<v Speaker 1>have to say one thing, The New York Police Department

0:49:51.840 --> 0:49:54.920
<v Speaker 1>is ready for whatever happened. They have barricades up, they

0:49:54.920 --> 0:49:57.879
<v Speaker 1>have put special cameras on top of the telephone poles,

0:49:58.239 --> 0:50:01.320
<v Speaker 1>and they're prepared for this. They've dealt with all kinds

0:50:01.480 --> 0:50:06.839
<v Speaker 1>of you know, large groups in different circumstances, and I

0:50:06.840 --> 0:50:09.600
<v Speaker 1>don't think anything will happen in New York. I think

0:50:09.640 --> 0:50:13.319
<v Speaker 1>they're well prepared for what's going to For whatever happens here. Yeah,

0:50:13.360 --> 0:50:15.359
<v Speaker 1>and of course there have been just in social media,

0:50:15.400 --> 0:50:18.000
<v Speaker 1>there have been memes there, you know, the late night

0:50:18.719 --> 0:50:22.720
<v Speaker 1>comedians have shown pictures of him behind bars. At this point,

0:50:23.040 --> 0:50:26.439
<v Speaker 1>there's no realistic thinking that he will spend any time

0:50:26.480 --> 0:50:30.160
<v Speaker 1>in jail or is there No. I don't know even

0:50:30.200 --> 0:50:32.600
<v Speaker 1>if he's convicted, if he would spend any time in jail.

0:50:32.640 --> 0:50:35.160
<v Speaker 1>To tell you the truth, just remember this, he travels

0:50:35.160 --> 0:50:38.920
<v Speaker 1>with a Secret Service contingent. So if you even thought

0:50:38.920 --> 0:50:41.320
<v Speaker 1>about putting him in jail with a Secret Service agents

0:50:41.360 --> 0:50:43.600
<v Speaker 1>being the cell with him, would they be outside? There's

0:50:43.719 --> 0:50:46.680
<v Speaker 1>no way he will. He will be held in a

0:50:46.800 --> 0:50:52.560
<v Speaker 1>in a prison cell. Yeah, Okay, and Jack then you know, politically,

0:50:52.560 --> 0:50:55.719
<v Speaker 1>he's still doing a lot of stuff on social media

0:50:55.800 --> 0:51:00.359
<v Speaker 1>and campaign he has announced for the presidency. Does this

0:51:00.520 --> 0:51:04.280
<v Speaker 1>keep him from from doing any of the campaign rallies,

0:51:04.280 --> 0:51:07.120
<v Speaker 1>to do any of campaigning, or do we expect that

0:51:07.160 --> 0:51:10.800
<v Speaker 1>he might even step it up? Well, well, we'll see

0:51:10.880 --> 0:51:13.520
<v Speaker 1>how the exactly how this plays out and what the

0:51:13.560 --> 0:51:16.200
<v Speaker 1>logistics of it are. But I mean it's something he's

0:51:16.239 --> 0:51:20.760
<v Speaker 1>already played up. He also has not been extremely active

0:51:20.840 --> 0:51:24.440
<v Speaker 1>yet because we are early in the presidential cycle for

0:51:24.520 --> 0:51:27.640
<v Speaker 1>twenty twenty four. He hasn't been, you know, Cris crossing

0:51:27.680 --> 0:51:32.640
<v Speaker 1>the country constantly on a presidential campaign trail. So there

0:51:32.640 --> 0:51:35.000
<v Speaker 1>are a lot of unknowns, but it does not seem

0:51:35.040 --> 0:51:37.480
<v Speaker 1>like we are at a point right now where this

0:51:37.520 --> 0:51:42.920
<v Speaker 1>would immediately interfere with his political plans. In fact, it's

0:51:42.960 --> 0:51:46.440
<v Speaker 1>something that he has played up and potentially could fundraise

0:51:46.520 --> 0:51:48.600
<v Speaker 1>off of. Not that this is a good thing for

0:51:48.680 --> 0:51:52.080
<v Speaker 1>him overall, necessarily, but it is something that he is

0:51:53.040 --> 0:51:56.520
<v Speaker 1>speaking out about very publicly and seemingly trying to use

0:51:56.800 --> 0:52:01.160
<v Speaker 1>to motivate his core supporters. Still, okay, Jack, Hey, thank

0:52:01.200 --> 0:52:03.000
<v Speaker 1>you so much for your help. I really appreciate it.

0:52:03.200 --> 0:52:08.399
<v Speaker 1>Bloomberg's Jack Fitzpatrick, Um, let's bring in June. You're still there,

0:52:08.440 --> 0:52:11.879
<v Speaker 1>I know, and we're going to bring in Joshua at Katzenberg,

0:52:11.960 --> 0:52:15.200
<v Speaker 1>professor at University of New Mexico Law School. I know

0:52:15.320 --> 0:52:17.840
<v Speaker 1>you know Joshua very well. June. You want to go ahead,

0:52:17.840 --> 0:52:21.439
<v Speaker 1>and well, you know, I'll ask the question. The first

0:52:21.480 --> 0:52:24.759
<v Speaker 1>question that we're that we're asking basically every guest, is

0:52:24.920 --> 0:52:30.319
<v Speaker 1>what's your reaction to this finally happening. Well, I think

0:52:30.320 --> 0:52:33.799
<v Speaker 1>it's settles, you know, it settles a question in my

0:52:33.840 --> 0:52:38.239
<v Speaker 1>mind as to whether or not a former president can

0:52:38.360 --> 0:52:40.839
<v Speaker 1>ever be indicted. You know, we've seen this happen in

0:52:40.920 --> 0:52:47.000
<v Speaker 1>other democracies, in Italy, in France, in particular, in Japan.

0:52:47.800 --> 0:52:50.600
<v Speaker 1>You know, there was a Japanese prime minister indicted over

0:52:50.640 --> 0:52:54.960
<v Speaker 1>a Lockheed scandal in the nineteen seventies. And so I

0:52:55.000 --> 0:52:58.160
<v Speaker 1>don't think it's an unhealthy thing for a former president

0:52:58.239 --> 0:53:02.680
<v Speaker 1>to be on the same position is everybody else in

0:53:02.719 --> 0:53:08.720
<v Speaker 1>the country. But but yeah, I'm surprised that it happened

0:53:08.719 --> 0:53:12.080
<v Speaker 1>with the rapidity it did. Yeah, So so Joshua the

0:53:12.640 --> 0:53:15.680
<v Speaker 1>path of this, then he'll go through because this is

0:53:15.960 --> 0:53:19.920
<v Speaker 1>a Manhattan District attorney, so he'll go through basically a

0:53:19.960 --> 0:53:23.480
<v Speaker 1>local process. He in the past has liked to go

0:53:23.520 --> 0:53:26.879
<v Speaker 1>in the process of basically appealing everything all the way

0:53:26.920 --> 0:53:30.319
<v Speaker 1>up to the Supreme Court. Where how does this go?

0:53:30.400 --> 0:53:33.840
<v Speaker 1>Where does it end? Well, most of it will stay

0:53:33.880 --> 0:53:37.160
<v Speaker 1>in state court. It's very difficult to get a federal

0:53:37.239 --> 0:53:41.560
<v Speaker 1>court to review state criminal court actions. There is a

0:53:41.640 --> 0:53:45.800
<v Speaker 1>very narrow appeal process under the federal rules of civil

0:53:45.840 --> 0:53:49.080
<v Speaker 1>procedure to do so. But we don't know what arguments

0:53:49.120 --> 0:53:52.560
<v Speaker 1>will raise and just the this isn't fair, it's politically

0:53:52.600 --> 0:53:56.640
<v Speaker 1>motivated that doesn't get you into federal court. What is

0:53:56.719 --> 0:53:59.640
<v Speaker 1>likely to flow this process down is something known as

0:53:59.719 --> 0:54:05.200
<v Speaker 1>this goovery. The defense counsel in this case will undoubtedly

0:54:05.280 --> 0:54:09.799
<v Speaker 1>file dozens and dozens of motions that are not frivolous

0:54:10.200 --> 0:54:13.440
<v Speaker 1>but will come up the works, and so we won't

0:54:13.480 --> 0:54:15.920
<v Speaker 1>have an answer as to what the jury will see

0:54:16.520 --> 0:54:22.120
<v Speaker 1>for a while to come. Okay, And does this any

0:54:22.280 --> 0:54:25.120
<v Speaker 1>way interact with the timing of the other cases, I

0:54:25.200 --> 0:54:27.960
<v Speaker 1>know with us Hour, we've talked about We've talked about Georgia.

0:54:28.120 --> 0:54:33.080
<v Speaker 1>You have also the classified documents. Do just behind the

0:54:33.160 --> 0:54:36.520
<v Speaker 1>scenes in the legal boardrooms. Do you wait and time

0:54:36.560 --> 0:54:38.759
<v Speaker 1>and do this or can all of these kind of

0:54:39.400 --> 0:54:44.360
<v Speaker 1>merge together? Well? You know, the New York Manhattan District

0:54:44.400 --> 0:54:48.560
<v Speaker 1>Attorney in the Fulton County prosecutor down in Georgia are

0:54:48.640 --> 0:54:54.200
<v Speaker 1>running two completely independent investigations, and so my sense is

0:54:54.239 --> 0:54:57.080
<v Speaker 1>they probably didn't do much in the way of coordinating,

0:54:57.120 --> 0:55:01.680
<v Speaker 1>nor should they. The federal investigation is a different matter

0:55:02.160 --> 0:55:04.880
<v Speaker 1>to the We don't know the extent which the federal

0:55:04.920 --> 0:55:08.799
<v Speaker 1>government may have or did not assist in either of

0:55:08.840 --> 0:55:13.520
<v Speaker 1>those two investigations. Obviously, some of the data that was

0:55:13.560 --> 0:55:16.960
<v Speaker 1>developed in the January sixth commission by the House of

0:55:17.000 --> 0:55:22.800
<v Speaker 1>Representatives could be used in either of the two state investigations,

0:55:23.000 --> 0:55:27.879
<v Speaker 1>but particularly so in the Georgia one. Yeah, okay, now yeah,

0:55:27.880 --> 0:55:32.200
<v Speaker 1>and that they in Georgia they've actually said that they're

0:55:32.280 --> 0:55:35.680
<v Speaker 1>moving forward on that as well. So if I'm hearing

0:55:35.680 --> 0:55:38.440
<v Speaker 1>you correctly, they could all they could all be working

0:55:39.040 --> 0:55:43.320
<v Speaker 1>simultaneously at the same time, couldn't they. Yeah. Absolutely, And

0:55:43.640 --> 0:55:47.040
<v Speaker 1>in response to an earlier question that someone else was

0:55:47.080 --> 0:55:50.359
<v Speaker 1>asked on the show about how does this effect as

0:55:50.440 --> 0:55:55.400
<v Speaker 1>campaigning under ordinary New York and frankly the other forty

0:55:55.480 --> 0:56:00.279
<v Speaker 1>nine states criminal justice systems, there's a valid reason for

0:56:00.360 --> 0:56:03.719
<v Speaker 1>delaying a trial in terms of the lawyers having to

0:56:03.760 --> 0:56:06.840
<v Speaker 1>get ready for a trial. It's a very unique argument

0:56:06.920 --> 0:56:10.160
<v Speaker 1>to say, hey, I'm running for political office, so I

0:56:10.200 --> 0:56:14.360
<v Speaker 1>can't go to trial on this date. That probably doesn't

0:56:14.400 --> 0:56:18.800
<v Speaker 1>fall into the category of a reasonable request to delay trial,

0:56:18.880 --> 0:56:23.279
<v Speaker 1>but you never know, so, Jessure, we expected that this

0:56:23.680 --> 0:56:26.000
<v Speaker 1>indictment was going to come out last week, and then

0:56:26.040 --> 0:56:30.239
<v Speaker 1>we had a witness called basically by Trump's lawyers to

0:56:30.560 --> 0:56:35.080
<v Speaker 1>attack the credibility of Michael Cohen, and then we had

0:56:35.120 --> 0:56:39.480
<v Speaker 1>a rebuttal sort of witness called by the prosecutors. Do

0:56:39.520 --> 0:56:42.759
<v Speaker 1>you think that the prosecutors in this case did too

0:56:42.880 --> 0:56:48.560
<v Speaker 1>much in the grand jury called too many witnesses and why, Well,

0:56:48.600 --> 0:56:50.400
<v Speaker 1>you know, it's hard to know. And the reason I

0:56:50.480 --> 0:56:55.640
<v Speaker 1>say that it's hard to know is is that they

0:56:55.680 --> 0:56:58.640
<v Speaker 1>may have wanted to put on the strongest case possible

0:56:58.760 --> 0:57:03.719
<v Speaker 1>to withstand a appeals against the indictment as opposed to

0:57:03.760 --> 0:57:07.799
<v Speaker 1>appeals against the potential conviction, should one ever happen. And

0:57:07.840 --> 0:57:11.880
<v Speaker 1>so my senses that's why they probably frontloaded the grand

0:57:11.960 --> 0:57:16.200
<v Speaker 1>jury with as many witnesses as they did. Now, having

0:57:16.240 --> 0:57:20.040
<v Speaker 1>said that, that doesn't tie them into calling those witnesses

0:57:20.040 --> 0:57:22.400
<v Speaker 1>and the actual criminal trial. So I don't think it

0:57:22.480 --> 0:57:26.800
<v Speaker 1>was a mistake to do that. But I do think

0:57:26.880 --> 0:57:30.640
<v Speaker 1>that I don't have a sense that mister Bragg wanted

0:57:30.680 --> 0:57:34.520
<v Speaker 1>this news release today. Maybe he did, but this news

0:57:34.600 --> 0:57:38.040
<v Speaker 1>broke from an anonymous source to the New York Times,

0:57:38.080 --> 0:57:42.880
<v Speaker 1>and then three anonymous sources came through. And what that

0:57:43.000 --> 0:57:48.240
<v Speaker 1>tells me is that it's probably occurred before mister Bragg

0:57:48.360 --> 0:57:51.640
<v Speaker 1>wanted it too, and before all of the law enforcement

0:57:51.960 --> 0:57:55.880
<v Speaker 1>was ready for it to occur. Yeah, and that would

0:57:55.880 --> 0:58:01.560
<v Speaker 1>coincide with the grand jury itself on a three week vacation.

0:58:01.680 --> 0:58:04.000
<v Speaker 1>I mean, this came basically out of a blue and

0:58:04.040 --> 0:58:08.280
<v Speaker 1>a surprise, I would say to most anybody, Yeah, I'm

0:58:08.320 --> 0:58:11.840
<v Speaker 1>wondering if someone jumped the gun for personally, you know,

0:58:11.880 --> 0:58:15.200
<v Speaker 1>for personal or political reasons, kind of like the grand

0:58:15.280 --> 0:58:19.760
<v Speaker 1>juror who leaked information publicly so we know her identity

0:58:19.800 --> 0:58:24.440
<v Speaker 1>down in Fulton County, Georgia. That's my sense that now

0:58:24.480 --> 0:58:28.080
<v Speaker 1>there is another possibility of the grand jury being on

0:58:28.080 --> 0:58:31.560
<v Speaker 1>a vacation for three weeks. And that possibility is what

0:58:31.680 --> 0:58:35.520
<v Speaker 1>if mister Bragg intended that grand jury to investigate the

0:58:35.520 --> 0:58:41.000
<v Speaker 1>potential for other charges, so it could have been Yeah,

0:58:41.040 --> 0:58:43.760
<v Speaker 1>that's why the vacation could have occurred. They got more

0:58:43.800 --> 0:58:46.560
<v Speaker 1>witnesses together, but they couldn't get those witnesses before the

0:58:46.600 --> 0:58:51.320
<v Speaker 1>grand jury for another three weeks. And I'm fascinated just

0:58:51.440 --> 0:58:53.680
<v Speaker 1>in the Trump defense, and of course it's going to

0:58:53.680 --> 0:58:55.600
<v Speaker 1>be different in the courtroom than what we're going to

0:58:55.680 --> 0:59:02.320
<v Speaker 1>hear mister Trump trying to tweet on truth social where

0:59:02.320 --> 0:59:05.800
<v Speaker 1>it's a witch hunt, where it's persecution, all of those

0:59:05.880 --> 0:59:09.200
<v Speaker 1>kinds of things. There's a paper trail that goes back

0:59:09.200 --> 0:59:12.720
<v Speaker 1>to him writing a check to Michael Kohn going through

0:59:12.760 --> 0:59:15.920
<v Speaker 1>all of that stuff. Also with Trump denying that anything

0:59:15.960 --> 0:59:20.320
<v Speaker 1>ever had had happened at that was personal expense. Your take,

0:59:20.640 --> 0:59:24.280
<v Speaker 1>does any of that I have the possibility of holding

0:59:24.400 --> 0:59:27.960
<v Speaker 1>legal water. No. I mean, first of all, in order

0:59:28.000 --> 0:59:31.640
<v Speaker 1>to get some of that evidence in the I didn't

0:59:31.680 --> 0:59:35.200
<v Speaker 1>know or it didn't happen. You know, I'm hard pressed

0:59:35.240 --> 0:59:37.960
<v Speaker 1>to think that in order for that to come before

0:59:38.000 --> 0:59:40.800
<v Speaker 1>a jury, he'd have to take the stand. And if

0:59:40.800 --> 0:59:44.440
<v Speaker 1>I were his defense counsel, he's that type of witness

0:59:44.520 --> 0:59:47.600
<v Speaker 1>I would not want taking the standard being subject across

0:59:47.680 --> 0:59:51.320
<v Speaker 1>examination because of all the conflicting things he said, and

0:59:51.360 --> 0:59:54.280
<v Speaker 1>he's tweeted. You want if a defendant takes the stand,

0:59:54.320 --> 0:59:57.000
<v Speaker 1>you want them to be consistent above all else. And

0:59:57.240 --> 0:59:59.880
<v Speaker 1>you know, mister Trump has not been consistent. I have

1:00:00.000 --> 1:00:02.280
<v Speaker 1>he said that the other parts of the tweets or

1:00:02.320 --> 1:00:04.640
<v Speaker 1>the other subject areas of his tweets about being a

1:00:04.720 --> 1:00:07.760
<v Speaker 1>witch hunt. That's not evidence that's going to come before

1:00:07.760 --> 1:00:11.560
<v Speaker 1>a jury. Um, you know, this is a politically charged pace.

1:00:11.680 --> 1:00:15.240
<v Speaker 1>That allegation or they're out to get me. That allegation,

1:00:15.360 --> 1:00:19.120
<v Speaker 1>that's not evidence. That could be an argument raised before

1:00:19.160 --> 1:00:23.400
<v Speaker 1>I judge to dismiss the charges. But it's really unlikely

1:00:23.520 --> 1:00:25.480
<v Speaker 1>that it would ever go you know, that kind of

1:00:25.520 --> 1:00:29.280
<v Speaker 1>an argument would ever be placed before a jury. Yeah, okay, Well,

1:00:29.320 --> 1:00:33.120
<v Speaker 1>and and just very very quickly here will we see

1:00:33.160 --> 1:00:37.880
<v Speaker 1>Donald Trump on the stand? I doubt it. Yeah, like

1:00:38.000 --> 1:00:40.680
<v Speaker 1>I look like I said, You know, I wouldn't if

1:00:40.720 --> 1:00:45.320
<v Speaker 1>I were a defense counsel, I'd be very wary about

1:00:45.480 --> 1:00:49.560
<v Speaker 1>it's his choice. A defense counsel can't stop him. But

1:00:49.640 --> 1:00:51.520
<v Speaker 1>he said a lot of different things about a lot

1:00:51.600 --> 1:00:54.360
<v Speaker 1>of different things, and that would be great fought or

1:00:54.360 --> 1:00:57.840
<v Speaker 1>to cross him. If for the prosecutor, it would be

1:00:58.200 --> 1:01:00.720
<v Speaker 1>just just from the outside, it would be fun. Joshua,

1:01:00.840 --> 1:01:04.440
<v Speaker 1>thank you very much, really appreciate your time. Joshua Kassenberg, Professor,

1:01:04.840 --> 1:01:08.240
<v Speaker 1>University of New Mexico Law School. June is here going

1:01:08.320 --> 1:01:12.360
<v Speaker 1>to bring Doug Krisner back into the conversation, you guys, thoughts, June.

1:01:12.920 --> 1:01:15.200
<v Speaker 1>One of the things I'm most curious about is whether

1:01:15.280 --> 1:01:17.000
<v Speaker 1>or not there's going to be any reaction on the

1:01:17.040 --> 1:01:18.640
<v Speaker 1>part of the public here in New York. You were

1:01:18.640 --> 1:01:21.600
<v Speaker 1>talking earlier about both the Secret Service in the NYPD

1:01:22.640 --> 1:01:26.680
<v Speaker 1>taking preemptive measures around the courthouse in Lower Manhattan, right yeah,

1:01:26.720 --> 1:01:29.760
<v Speaker 1>and you know, when this first came out or when

1:01:30.120 --> 1:01:32.880
<v Speaker 1>Donald Trump said that he was going to be arrested,

1:01:32.920 --> 1:01:35.880
<v Speaker 1>which was less Saturday, and so Saturday before last hot

1:01:35.880 --> 1:01:40.000
<v Speaker 1>time flies. So we expected a lot of demonstrations, A

1:01:40.000 --> 1:01:42.440
<v Speaker 1>lot of people in the New York Police Department ramped

1:01:42.520 --> 1:01:45.920
<v Speaker 1>up for that, and we found very little people. In fact,

1:01:45.920 --> 1:01:50.800
<v Speaker 1>the press outnumbered the protesters outside the courthouse and outside

1:01:50.800 --> 1:01:54.840
<v Speaker 1>Trump Tower, where you usually find any kind of protesters

1:01:55.200 --> 1:01:58.760
<v Speaker 1>for or against Trump there. So, you know, I think

1:01:58.840 --> 1:02:01.920
<v Speaker 1>that a lot of people bull who might be you know,

1:02:02.040 --> 1:02:05.680
<v Speaker 1>avid Trump supporters might be scared off off a little

1:02:05.720 --> 1:02:11.160
<v Speaker 1>by the January sixth investigation and prosecutions where you know,

1:02:11.200 --> 1:02:13.320
<v Speaker 1>they came, some of them came to something that they

1:02:13.320 --> 1:02:16.440
<v Speaker 1>didn't know what would happen, and boom, they ended up

1:02:16.800 --> 1:02:21.160
<v Speaker 1>being inside the you know, the capital and getting prosecuted.

1:02:21.160 --> 1:02:23.320
<v Speaker 1>So I think a lot of people who are you know,

1:02:23.320 --> 1:02:27.520
<v Speaker 1>who might be the really avid supporters might stay back.

1:02:27.720 --> 1:02:32.400
<v Speaker 1>And you know the problem is too that since Trump

1:02:32.720 --> 1:02:35.960
<v Speaker 1>said this, it's been people have been worked up, worked up,

1:02:36.000 --> 1:02:40.720
<v Speaker 1>worked up. Now that it's happened, it's almost anticlimactic in

1:02:40.760 --> 1:02:43.240
<v Speaker 1>a way. And it's the same with his saying it's

1:02:43.240 --> 1:02:45.479
<v Speaker 1>a witch hunt. It's a witch hunt. It's a witch hunt.

1:02:45.720 --> 1:02:48.680
<v Speaker 1>How many times can you say that? And that's something

1:02:48.720 --> 1:02:50.600
<v Speaker 1>that the jury. He's not going to be able to

1:02:50.600 --> 1:02:53.840
<v Speaker 1>preach that to the jury in any of these cases.

1:02:53.880 --> 1:02:56.000
<v Speaker 1>It's going to be based on what happens, you know,

1:02:56.080 --> 1:02:59.120
<v Speaker 1>in the courtroom and the testimony. So I think that

1:02:59.240 --> 1:03:02.800
<v Speaker 1>I'm not expected acting anything to happen, but you never know,

1:03:03.000 --> 1:03:05.160
<v Speaker 1>You never do know, Eddie. And I heard you earlier

1:03:05.200 --> 1:03:08.080
<v Speaker 1>saying that CNN had been reporting that mister Trump will

1:03:08.120 --> 1:03:10.960
<v Speaker 1>likely be arraigned early next week. Is that right? Yeah, Yeah,

1:03:11.000 --> 1:03:15.080
<v Speaker 1>that is the preliminary report, and they were early on

1:03:15.120 --> 1:03:17.600
<v Speaker 1>in the reporting of this. Just very briefly from me, Doug,

1:03:17.640 --> 1:03:20.080
<v Speaker 1>I think that it's gonna be really interesting to see

1:03:20.120 --> 1:03:24.160
<v Speaker 1>how the base of the Republican Party, not the not

1:03:24.240 --> 1:03:27.440
<v Speaker 1>the Trump not the MAGA base, but the base plays

1:03:27.480 --> 1:03:29.720
<v Speaker 1>this to see as we go forward toward the election.

1:03:30.360 --> 1:03:32.680
<v Speaker 1>All right, that we'll wrap up a special hour of

1:03:32.800 --> 1:03:35.520
<v Speaker 1>coverage here on Bloomberg Radio. As we tracked the news

1:03:35.520 --> 1:03:39.400
<v Speaker 1>on Donald Trump being indicted in New York by the

1:03:39.520 --> 1:03:43.400
<v Speaker 1>Manhattan District Attorney Alvin Bragg and CNN reporting earlier that

1:03:43.480 --> 1:03:47.040
<v Speaker 1>mister Trump will likely be arraigned earlier next week. This

1:03:47.160 --> 1:03:47.680
<v Speaker 1>is Bloomberg