WEBVTT - Trump's Legal Dramas

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<v Speaker 1>I never thought anything like this could happen in America

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<v Speaker 1>could happen, but it did happen. For the first time

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<v Speaker 1>in our history, a former president was charged with a crime,

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<v Speaker 1>taken into custody, fingerprinted, and arraigned on thirty four felony

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<v Speaker 1>counts of falsifying business records. Trump pleaded not guilty and

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<v Speaker 1>only uttered ten words behind closed doors in the Manhattan

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<v Speaker 1>Criminal courtroom, But in a Grievanceville speech before supporters at

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<v Speaker 1>Mara Lago that evening, he attacked the indictment as politically

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<v Speaker 1>motivated and leveled attacks on the judge, the district attorney,

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<v Speaker 1>and their families. I have a Trump painting judge with

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<v Speaker 1>the Trump painting wife and family whose daughter worked for

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<v Speaker 1>Kamala Harris. The criminal is the district attorney because he

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<v Speaker 1>illegally leaked massive amounts of grand jury information. Manhattan DA

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<v Speaker 1>Alvin Bragg claims that Trump falsified business record at his

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<v Speaker 1>company relating to a one hundred thirty thousand dollars hush

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<v Speaker 1>money payment to porn star Stormy Daniels in an effort

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<v Speaker 1>to hide salacious news from the public in order to

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<v Speaker 1>win the presidency. Thirty four false statements made to cover

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<v Speaker 1>up other crimes. These are felony crimes in New York State.

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<v Speaker 1>No matter who you are, we cannot and will not

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<v Speaker 1>normalize serious criminal conducts. Joining me is Michael Moore, a

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<v Speaker 1>partner More Hall and the former US Attorney for the

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<v Speaker 1>Middle District of Georgia. Michael, it's a bare bones indictment.

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<v Speaker 1>Thirty four records. Trump is accused of falsifying. That's clear

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<v Speaker 1>and simple. But in order to bump these up to felonies,

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<v Speaker 1>the district attorney has to show that they were falsified

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<v Speaker 1>with the intent to commit, aid or conceal another crime.

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<v Speaker 1>But the indictment doesn't specify what those other crimes are,

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<v Speaker 1>and the district attorney was really ambiguous about them at

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<v Speaker 1>the press conference. So is that a weakness in the

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<v Speaker 1>case or is it the DA playing his cards close

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<v Speaker 1>to his vest I really think it's a weakness in

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<v Speaker 1>the case. A prosecutor's job is to do things in

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<v Speaker 1>a way that follows the law in the facts, but

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<v Speaker 1>also to give the public confidence in his or her

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<v Speaker 1>decision making and charge of decisions as they've moved forward.

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<v Speaker 1>And you know, without that information, I just don't think

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<v Speaker 1>the indictment does that when I looked at the indictment

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<v Speaker 1>in the statement of fact, I was underwhelmed. Would probably

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<v Speaker 1>be generous to say that. And I've heard a lot

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<v Speaker 1>of talk about the issue of everyone's treated the same

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<v Speaker 1>or should be treated the same under the law. But

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<v Speaker 1>the reality is you can do that while at the

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<v Speaker 1>same time recognizing the fact before us, if this is

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<v Speaker 1>a former president and historic prosecution in any manner, and

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<v Speaker 1>so I really felt like it needed to have more

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<v Speaker 1>meat on the bones than we saw in the indictment.

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<v Speaker 1>I think there's some things that are going to be

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<v Speaker 1>subject to appeal right away from the indictment that deals

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<v Speaker 1>with you whether or not the federal election laws can

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<v Speaker 1>be the crimes that are sort of the secondary tier

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<v Speaker 1>that allow the cases to be vowed from a mistermount

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<v Speaker 1>to a felony, and then with are not in a

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<v Speaker 1>potential tax violation in fact and cover that as well.

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<v Speaker 1>So we just begin to see, I'm sure what will

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<v Speaker 1>be a long pre trial motion process. So is what's

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<v Speaker 1>likely to happen that during discovery, defense attorneys get those

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<v Speaker 1>answers from the prosecutor about what the underlying crime is

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<v Speaker 1>or will they have to wait till trial. Now I

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<v Speaker 1>think they'll probably file a motion early on to demand

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<v Speaker 1>that there'll be more specifics given in the charge of

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<v Speaker 1>document and indictment for people who don't do it every day.

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<v Speaker 1>If you think about this, that the indictment is really

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<v Speaker 1>the document that has to be given to anyone who's

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<v Speaker 1>charged with the crime so that they can have a

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<v Speaker 1>complete and full understanding of what they're being charged with.

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<v Speaker 1>It's a notice document, and so this just simply I

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<v Speaker 1>don't think gave sufficient notice. So I imagine that the

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<v Speaker 1>lawyers were Trump will not only file them motion to

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<v Speaker 1>dismiss that they'll also then ask accord in the alternative

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<v Speaker 1>and maybe in second motions as well, for specific particulars

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<v Speaker 1>about the charges in question. The defense attorneys have said

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<v Speaker 1>they're going to be aggressive with motions. What kind of

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<v Speaker 1>motions can we expect, Well, I think it's likely that

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<v Speaker 1>you'll see an initial motion challenging the jurisdiction of the court,

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<v Speaker 1>probably raised on constitutional grounds. There will be arguments about

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<v Speaker 1>presidential immunity. I think you will have motions on the

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<v Speaker 1>indictment itself and whether or not it's sufficient. So you'll

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<v Speaker 1>see likely motions to dismiss, challenging the language of the indictment,

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<v Speaker 1>the notice given to a defendant in the indictment, the

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<v Speaker 1>sufficiency of each of the allegations that stated on the

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<v Speaker 1>face of the indictment. And you know, when you think

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<v Speaker 1>about that too, remember that a defendant doesn't have to

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<v Speaker 1>try to guess what's in the prosecutor's mind. He didn't

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<v Speaker 1>have to wait and guess what might be presented to

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<v Speaker 1>the jury. He's entitled to some notice in a case.

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<v Speaker 1>And so they'll challenge the indictment on sufficiency, I feel certain,

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<v Speaker 1>and there'll be some challenges as well on this sort

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<v Speaker 1>of new idea about whether or not you can have

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<v Speaker 1>as a basis for a state criminal prosecution and allegation

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<v Speaker 1>that is so inextricably tied to federal election law and

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<v Speaker 1>a federal statute, and is that actionable in the criminal

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<v Speaker 1>courts in New York. That's some of the initial motions

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<v Speaker 1>I think we'll see. You're going to have other motions

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<v Speaker 1>as well. They'll probably be a motion to change the

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<v Speaker 1>venue or the place where the trial would be held.

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<v Speaker 1>I'd expect very likely that you'll see motions to disqualify

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<v Speaker 1>the prosecutor and likely to ask the judge to accuse himself.

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<v Speaker 1>You know, these will be aggressive defense attorneys, as they

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<v Speaker 1>should be, and every defendant under the Constitution has a

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<v Speaker 1>right to a zealous defense, and so I expect that

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<v Speaker 1>you'll see this. But again, it will be especially so

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<v Speaker 1>because of the enormity of this case and the ramifications

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<v Speaker 1>of this case really not just now, but in fifty years,

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<v Speaker 1>what this means and whether or not there could be

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<v Speaker 1>local charges against the formal president for some conduct even

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<v Speaker 1>while the president may have been in office. Are you

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<v Speaker 1>basically saying that, despite what Bragg says, that Trump can't

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<v Speaker 1>be treated just like any other defense. I think that

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<v Speaker 1>that's right. I think that you try to treat people fairly,

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<v Speaker 1>but you can't get around the circumstances that we're in.

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<v Speaker 1>And you don't have to look any further the fact

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<v Speaker 1>that you know, we had to have the courthouse closed

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<v Speaker 1>basically to allow Trump to appear in court for security reasons.

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<v Speaker 1>That's treating it different than any other defendant. I mean,

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<v Speaker 1>that's just the reality that we're in. I think, given

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<v Speaker 1>the charges against a formal president, there'll be security issues

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<v Speaker 1>that go on throughout the trial. There'll be scheduling an

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<v Speaker 1>appearance issues that go off throughout the trial. There may

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<v Speaker 1>be appeals where the federal courts are more actively involved

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<v Speaker 1>in the case because the charges involved a formal president.

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<v Speaker 1>You basically matters move more quickly towards the Supreme Court

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<v Speaker 1>because of that, as we deal with constitutional issues that

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<v Speaker 1>are not president in every other case. And I think too,

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<v Speaker 1>I mean, I do think that you know, a prosecutor

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<v Speaker 1>has to also use his or her discrestion and bring

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<v Speaker 1>in cases. And you'd like to say, and I think

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<v Speaker 1>prosecutor would tell you that every time they ever see

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<v Speaker 1>a violation of any crime anywhere and if your station,

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<v Speaker 1>they bring charges. But that's just not the case. And

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<v Speaker 1>you can think, I'm sure about circumstances where people get

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<v Speaker 1>a warning when they violated speeding on him, some drivers

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<v Speaker 1>get a warning, somebody does not, or cases where somebody's

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<v Speaker 1>charged with an offense that could prohibit them from going

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<v Speaker 1>to college and complete the scholarship that the prosecutor decides

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<v Speaker 1>to reduce the charge so that they're not thrown out

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<v Speaker 1>of college. You can go down a list of examples

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<v Speaker 1>that are very much real life examples about how prosecutor

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<v Speaker 1>has to think about things. And I think this is

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<v Speaker 1>an example of when even though the law has an

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<v Speaker 1>even hand and Lady Justice is blind, you still have

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<v Speaker 1>to think about what we're doing as it relates to

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<v Speaker 1>the United States and what case may be the case

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<v Speaker 1>if you're going to bring one forward that should be

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<v Speaker 1>a league case against a former president of the United States,

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<v Speaker 1>And is this the case? I mean, is this in

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<v Speaker 1>fact the case that basically is the best to knock

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<v Speaker 1>the king off the throne? And I think that's going

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<v Speaker 1>to be the question today. Remember as well that you know,

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<v Speaker 1>the former disc attorney did not prosecute, the Department of

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<v Speaker 1>Justice declined to prosecutor case like this, and yet here

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<v Speaker 1>we are. And you know, one thing they have to

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<v Speaker 1>be thinking about, I'm certain is you know they had

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<v Speaker 1>a very sort of a similar type of case. It

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<v Speaker 1>wasn't exactly it would say, among the facts, but you

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<v Speaker 1>had a former presidential candidate who had been charged similarly

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<v Speaker 1>in the Edwards case, and ultimately he was acquitted at trial.

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<v Speaker 1>There were some tausid but Jerry hung on, but they

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<v Speaker 1>were ultimately dismissed and not pursuing further by the government.

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<v Speaker 1>So all those calculations have to be in a prosecutor's mind.

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<v Speaker 1>You can see if you think about even the Southern

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<v Speaker 1>District of New York declining to move forward. They have

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<v Speaker 1>to be thinking about things like witness credibility and availability

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<v Speaker 1>of evidence on the statements that have been made. Those

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<v Speaker 1>are real life calculations that go into a decision or

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<v Speaker 1>whether or not to move forward the case, even though

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<v Speaker 1>you may be satisfied in your gut that something illegal

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<v Speaker 1>was done. Before the arraignment, Trump called the DA an animal.

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<v Speaker 1>He posted a picture of himself with a base ball

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<v Speaker 1>bat next to a photo of the judge, and during

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<v Speaker 1>the arrayment, the judge warned him about dangerous rhetoric. Yet

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<v Speaker 1>hours later at Marlogo, we attacked the judge, the DA

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<v Speaker 1>and their families. Inexcusable. It's inexcusable. I thought that his

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<v Speaker 1>comments have been outrageous. You know. I think a prosecutor

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<v Speaker 1>expects in some regards to not have friends and on

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<v Speaker 1>the other side of the versus mark, and that is

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<v Speaker 1>because you're essentially doing a job that would likely result

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<v Speaker 1>in a criminal conviction and maybe jail time against the

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<v Speaker 1>dependence that you're prosecuting, and so you sort of expect

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<v Speaker 1>as part of your job to have names used against you.

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<v Speaker 1>I think that when you bring in family members, children, spouses,

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<v Speaker 1>the spouses and family members of the court, those types

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<v Speaker 1>of things, It's inexcusable, it's ill advised. I think, at

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<v Speaker 1>the end of the day, can come back to bite

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<v Speaker 1>people who do that. And I also I'm not surprised

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<v Speaker 1>at all given what we witnessed during the Trump administration

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<v Speaker 1>and certainly during the campaign time. I'm about his use

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<v Speaker 1>of that kind of rhetoric. You know, you remember, this

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<v Speaker 1>is the same person who's mocked people in hurtful and

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<v Speaker 1>hateful ways, and so I'm not surprised by it. I

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<v Speaker 1>think if you're a lawyer trying to represent a quiet

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<v Speaker 1>like that, you have your hands full and you have

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<v Speaker 1>a great deal of frustration that you can't probably fully

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<v Speaker 1>expressed to somebody who's a former president of United States.

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<v Speaker 1>But I'm sure that every lawyer was cringing when the

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<v Speaker 1>attacks got cut loose on the judge. I also don't think, frankly,

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<v Speaker 1>that they were just at homitive attacks. I think it

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<v Speaker 1>was an effort to force an accusal by this judge

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<v Speaker 1>and debate him a little bit. Given the recency of

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<v Speaker 1>the comments and the warnings that have been given by

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<v Speaker 1>the court to Trump and his team. But to do

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<v Speaker 1>anything that incites violence, to do anything that places a

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<v Speaker 1>famine member of a prosecutor or a judge, or anybody

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<v Speaker 1>involved in the system. I mean, to do anything that

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<v Speaker 1>puts those people in harm's way and at risk is inexcusable.

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<v Speaker 1>It needs to be addressed on its own, outside of

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<v Speaker 1>what may or may not come in the way of

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<v Speaker 1>a gag order. You know, this is not normal conduct.

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<v Speaker 1>This is not something that's allowed. I can tell you

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<v Speaker 1>a fact in Georgia that did that, they'd find themselves

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<v Speaker 1>locked up in the jail, their bond revolte. But somehow

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<v Speaker 1>he has done things to our system and sort of

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<v Speaker 1>trained us to think that, at least as it comes

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<v Speaker 1>from him, that this is a normal conduct. Well, there's

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<v Speaker 1>nothing normal about and it's one of the great damages

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<v Speaker 1>I think he's done to America and to our institutions,

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<v Speaker 1>and that is to do away with the norms of

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<v Speaker 1>decency and professionalism and the psychicety for our institutions that

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<v Speaker 1>have kept our Democrats are strong. Even if they make

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<v Speaker 1>a motion and they've sort of hinted at making a

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<v Speaker 1>motion for the judge to recuse himself. Judge oversaw the

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<v Speaker 1>tax fraud trial against the Trump Organization and CFO. Do

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<v Speaker 1>you think that he would ever recuse himself. I think

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<v Speaker 1>he could. And let me say this, I don't think

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<v Speaker 1>that's the fact that he may accused himself or consider

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<v Speaker 1>accused himself, is any sign of weakness or wrong doing.

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<v Speaker 1>I think judges and prosecutors are to do things that

0:12:06.400 --> 0:12:08.880
<v Speaker 1>make sure that there's no appearance of any conflict of

0:12:08.960 --> 0:12:11.880
<v Speaker 1>interests and no appearance of any impropriety in any way,

0:12:12.240 --> 0:12:14.520
<v Speaker 1>even if there is none, it's to protect the system

0:12:14.559 --> 0:12:17.480
<v Speaker 1>and the process from the appearance of that. To me,

0:12:17.640 --> 0:12:20.480
<v Speaker 1>that seems like a pretty clear reason for the judge

0:12:20.480 --> 0:12:23.439
<v Speaker 1>to refuse himself, and that is because his daughter, if

0:12:23.440 --> 0:12:27.000
<v Speaker 1>she's working for the campaign, is basically in the throes

0:12:27.320 --> 0:12:31.280
<v Speaker 1>of an upcoming election season against that campaign's opponent or

0:12:31.400 --> 0:12:34.200
<v Speaker 1>likely opponent, you know, if the likely opponent is going

0:12:34.240 --> 0:12:36.559
<v Speaker 1>to lose. And that may mean that the daughter, my

0:12:36.720 --> 0:12:39.199
<v Speaker 1>virtual work on the campaign stands to gain income or

0:12:39.240 --> 0:12:41.679
<v Speaker 1>continues employment as a campaign or whatever it is she does.

0:12:41.880 --> 0:12:44.360
<v Speaker 1>And I don't know that, but let's just use as

0:12:44.360 --> 0:12:47.120
<v Speaker 1>an example. That's a good reason to set aside and

0:12:47.200 --> 0:12:50.280
<v Speaker 1>let another judge here. Now. Doesn't mean that this assigned

0:12:50.400 --> 0:12:52.960
<v Speaker 1>judge would do anything different because of that. But it

0:12:53.080 --> 0:12:56.800
<v Speaker 1>lets the public have a confidence and it lets the detractors.

0:12:57.080 --> 0:13:00.800
<v Speaker 1>It takes the steam out of their engines to say, Okay,

0:13:00.840 --> 0:13:03.040
<v Speaker 1>we've got to judge now who has no connection, no

0:13:03.160 --> 0:13:06.960
<v Speaker 1>familiar connection at all, to Trump's opponents. You're never gonna

0:13:07.000 --> 0:13:09.240
<v Speaker 1>make everybody happy, but it gives the appearance of the

0:13:09.240 --> 0:13:12.920
<v Speaker 1>process that there's no no possibility of favoritism or more

0:13:12.960 --> 0:13:15.880
<v Speaker 1>slant and rudely drink thing like that. Yeah, this judge

0:13:15.920 --> 0:13:18.480
<v Speaker 1>may have done nothing different, he may do nothing different

0:13:18.480 --> 0:13:21.760
<v Speaker 1>through the trial. But it's more about protecting the appearance.

0:13:21.760 --> 0:13:24.160
<v Speaker 1>And you know, an example that Democrats want to talk

0:13:24.200 --> 0:13:27.160
<v Speaker 1>about is the Class Thomas situation. You know, we've heard

0:13:27.200 --> 0:13:31.080
<v Speaker 1>for years now and especially very recently about concerns about

0:13:31.520 --> 0:13:35.080
<v Speaker 1>text messages that the justice's wife may have made and

0:13:35.559 --> 0:13:37.800
<v Speaker 1>money so she may have received and our organization may

0:13:37.880 --> 0:13:39.679
<v Speaker 1>or may not have received. I mean, there's been all

0:13:39.720 --> 0:13:42.560
<v Speaker 1>these kinds of this talk out there, and there's this

0:13:42.760 --> 0:13:45.160
<v Speaker 1>clamor from the Democrats said, well, they've got he's got

0:13:45.240 --> 0:13:46.920
<v Speaker 1>to accuse himself, he's got to step day, he's going

0:13:46.920 --> 0:13:48.920
<v Speaker 1>to do this. You know that the appearance is bad.

0:13:48.960 --> 0:13:50.959
<v Speaker 1>He could have a confident to venture as well. The

0:13:51.080 --> 0:13:53.800
<v Speaker 1>same may be truth here, and that is it's again

0:13:54.040 --> 0:13:57.360
<v Speaker 1>there's nothing to say, but the justice is ruled a

0:13:57.440 --> 0:13:59.599
<v Speaker 1>particular way because he was told to do that, of

0:13:59.679 --> 0:14:01.960
<v Speaker 1>because he was doing a particular favor for his wife

0:14:02.000 --> 0:14:05.440
<v Speaker 1>or anything else. But it calls into question the decisions

0:14:05.520 --> 0:14:09.520
<v Speaker 1>that he's made because of this potential appearance of the conflict.

0:14:09.720 --> 0:14:12.600
<v Speaker 1>Now in the Trump case, you know, every decision that

0:14:12.640 --> 0:14:15.920
<v Speaker 1>this judge makes may be called into question because of

0:14:15.920 --> 0:14:19.320
<v Speaker 1>the impossible appearance of a conflict of interest, whether in

0:14:19.400 --> 0:14:21.920
<v Speaker 1>fact there's anything to it or not. So it's simply

0:14:22.000 --> 0:14:27.640
<v Speaker 1>a way to protect the public's belief in public confidence

0:14:27.760 --> 0:14:31.960
<v Speaker 1>in the judicial process. Let's say it remains with this judge.

0:14:32.000 --> 0:14:35.160
<v Speaker 1>He set the next major court date for December fourth.

0:14:35.520 --> 0:14:39.880
<v Speaker 1>The prosecution was pushing for opening arguments to begin sometime

0:14:39.920 --> 0:14:43.600
<v Speaker 1>in January of twenty twenty four. Trump's defense asked for

0:14:43.760 --> 0:14:46.760
<v Speaker 1>a few more months, maybe sometime in spring of twenty

0:14:46.800 --> 0:14:49.240
<v Speaker 1>twenty four. Do you think the judge will be able

0:14:49.320 --> 0:14:53.680
<v Speaker 1>to keep this on a tight timeline. It's unimaginable to

0:14:53.720 --> 0:14:56.080
<v Speaker 1>me that he would. Number one, he won't be handling

0:14:56.160 --> 0:14:58.520
<v Speaker 1>this on at all without appeals to the courts in

0:14:58.640 --> 0:15:02.880
<v Speaker 1>a locatory appeals or intermediary peoples. And also, I don't

0:15:02.920 --> 0:15:05.840
<v Speaker 1>think there's any way possible to consider that a court

0:15:05.960 --> 0:15:09.680
<v Speaker 1>is going to make a candidate for office come try

0:15:09.720 --> 0:15:13.360
<v Speaker 1>a case a few months before a primary election or

0:15:13.400 --> 0:15:15.920
<v Speaker 1>in the middle of a presidential election season. I just

0:15:16.120 --> 0:15:18.200
<v Speaker 1>have a hard time of imagining that that's going to

0:15:18.240 --> 0:15:21.640
<v Speaker 1>be allowed. And again, I mean that throws into the

0:15:21.720 --> 0:15:25.320
<v Speaker 1>debate I guess about as we go forward. Does that

0:15:25.360 --> 0:15:27.400
<v Speaker 1>mean that every time a presidential elections comes up, a

0:15:27.680 --> 0:15:30.480
<v Speaker 1>local partition's going to charge the candida to the other

0:15:30.480 --> 0:15:32.080
<v Speaker 1>side and try to get up into court so they

0:15:32.120 --> 0:15:35.040
<v Speaker 1>can't campaign. I mean, that's that's one of the very

0:15:35.040 --> 0:15:37.520
<v Speaker 1>real concerns. I think that's out there as we think

0:15:37.560 --> 0:15:40.200
<v Speaker 1>about this this case. If they wanted to try the case,

0:15:40.240 --> 0:15:42.120
<v Speaker 1>it should have been tried a long time ago. But

0:15:42.240 --> 0:15:45.080
<v Speaker 1>we've now suddenly waited until pretty much in the middle

0:15:45.440 --> 0:15:48.960
<v Speaker 1>and certainly the warm up of the presidential campaign season.

0:15:49.120 --> 0:15:51.280
<v Speaker 1>And I just have a hard time believing that the

0:15:51.320 --> 0:15:54.520
<v Speaker 1>courts will allow a candidate to be sidelined for a

0:15:54.520 --> 0:15:56.880
<v Speaker 1>case it could have been brought years ago. Speaking of

0:15:57.240 --> 0:16:00.560
<v Speaker 1>should have tried it, sooner. What is happening in Georgia.

0:16:00.760 --> 0:16:06.080
<v Speaker 1>Da Willis started her investigation just days after recording was

0:16:06.120 --> 0:16:09.160
<v Speaker 1>made public. In January twenty twenty one, she had this

0:16:09.280 --> 0:16:12.760
<v Speaker 1>special grand jury where seventy five witnesses, including some high

0:16:12.840 --> 0:16:17.840
<v Speaker 1>level Trump people, testified. Eighteen people have been notified their

0:16:17.920 --> 0:16:22.640
<v Speaker 1>targets of the investigation. So what is she waiting for? Well,

0:16:22.640 --> 0:16:25.440
<v Speaker 1>I mean, that's a good question, and that's another example

0:16:25.480 --> 0:16:27.560
<v Speaker 1>of where the case could have been brought a long

0:16:27.600 --> 0:16:32.240
<v Speaker 1>time ago in a more clean fashion and with an easier,

0:16:32.480 --> 0:16:34.960
<v Speaker 1>simpler target of a case, rather than what I think

0:16:34.960 --> 0:16:37.520
<v Speaker 1>she's doing, and that now all appearances is she's looking

0:16:37.560 --> 0:16:41.720
<v Speaker 1>at this is more of an organizational type conspiracy or

0:16:41.720 --> 0:16:46.480
<v Speaker 1>agreement to overthrow the election. And that's led to this

0:16:46.600 --> 0:16:49.080
<v Speaker 1>idea for whether there's going to be a Rico prosecution

0:16:49.120 --> 0:16:52.160
<v Speaker 1>and wi be a Rico indictment in those cases take

0:16:52.360 --> 0:16:56.160
<v Speaker 1>a long time after they indicted. So I see no

0:16:56.200 --> 0:16:59.640
<v Speaker 1>way even if she got an indictment tomorrow from the

0:17:00.240 --> 0:17:03.480
<v Speaker 1>grand jury against Trump and whoever else, I see no

0:17:03.560 --> 0:17:07.000
<v Speaker 1>way that her case could ever wrap up before the

0:17:07.040 --> 0:17:09.640
<v Speaker 1>election in twenty four And you know there's a case

0:17:09.680 --> 0:17:12.680
<v Speaker 1>going on in in Lina, right now against a rapper,

0:17:13.160 --> 0:17:17.479
<v Speaker 1>and it's a Rico prosecution, and they've spent months and

0:17:17.600 --> 0:17:19.840
<v Speaker 1>months trying to get a jury to have been unable

0:17:19.880 --> 0:17:22.680
<v Speaker 1>to do that, and in part because people can't acknowledge

0:17:22.680 --> 0:17:25.360
<v Speaker 1>and can't say with any certainty that they can take

0:17:25.640 --> 0:17:28.520
<v Speaker 1>a year off what they're expected for the trial. And

0:17:28.560 --> 0:17:31.120
<v Speaker 1>so I just think it's going to be next impossible

0:17:31.560 --> 0:17:33.720
<v Speaker 1>for that case to move forward before the election. She

0:17:33.720 --> 0:17:36.119
<v Speaker 1>could certainly give the indictment. I see no way she

0:17:36.119 --> 0:17:37.840
<v Speaker 1>could get the case tried. They could be through the

0:17:37.840 --> 0:17:41.280
<v Speaker 1>emotions process and the appeals process and working on that

0:17:41.359 --> 0:17:43.760
<v Speaker 1>to be an electory appeals, But to get to a

0:17:43.800 --> 0:17:46.240
<v Speaker 1>trial and have any kind of conclusion, I think there's

0:17:46.240 --> 0:17:48.120
<v Speaker 1>no way. And so then you get into the question

0:17:48.160 --> 0:17:50.639
<v Speaker 1>of what if he wins, if he wins broke the primary,

0:17:50.680 --> 0:17:52.600
<v Speaker 1>and if he happens to win an election, what do

0:17:52.640 --> 0:17:54.960
<v Speaker 1>you do then and what happens to the case. And

0:17:55.000 --> 0:17:57.320
<v Speaker 1>I think that you know, we know that the courts

0:17:57.359 --> 0:17:59.200
<v Speaker 1>are not going to make somebody come in and answer

0:17:59.320 --> 0:18:04.040
<v Speaker 1>who is president States after state criminal charges, because they've

0:18:04.040 --> 0:18:06.560
<v Speaker 1>got other things to tend to, like whether or not

0:18:06.560 --> 0:18:09.359
<v Speaker 1>the nuclear missiles are safe and those kinds of things.

0:18:09.480 --> 0:18:11.879
<v Speaker 1>So you know, those are big considerations that have to

0:18:11.880 --> 0:18:14.960
<v Speaker 1>come down. But this again, sometimes you know, you don't

0:18:14.960 --> 0:18:17.160
<v Speaker 1>always want the perfect to be the enemy of the good.

0:18:17.280 --> 0:18:20.000
<v Speaker 1>And so this is a kind of example where maybe

0:18:20.080 --> 0:18:24.200
<v Speaker 1>you don't want the complex, the more complex and complete

0:18:24.200 --> 0:18:25.760
<v Speaker 1>to be the enemy of the good. And that is

0:18:26.200 --> 0:18:28.760
<v Speaker 1>could she have moved forward on a case that was

0:18:29.119 --> 0:18:31.880
<v Speaker 1>more targeted. Could she have moved forward baby on account

0:18:31.880 --> 0:18:34.120
<v Speaker 1>if she wanted to charge or an account of attempting

0:18:34.160 --> 0:18:37.600
<v Speaker 1>to influence Secretary Raffersburger that performance kids duties by way

0:18:37.640 --> 0:18:40.040
<v Speaker 1>of that phone call, because she's done something like that,

0:18:40.119 --> 0:18:44.280
<v Speaker 1>and without going through this lengthy, lengthy investigation that I

0:18:44.320 --> 0:18:47.600
<v Speaker 1>think so. But often again she may have evidence that

0:18:47.640 --> 0:18:50.600
<v Speaker 1>we all know about. She certainly has been involved in

0:18:50.600 --> 0:18:52.919
<v Speaker 1>the case, and I have no insight knowledge about what

0:18:53.040 --> 0:18:55.080
<v Speaker 1>she's considering and reviewing. So I don't want to sec

0:18:55.080 --> 0:18:57.320
<v Speaker 1>against everything she's doing. But I would have liked this

0:18:57.440 --> 0:18:59.840
<v Speaker 1>thing that they were going to bring a case because

0:18:59.880 --> 0:19:02.440
<v Speaker 1>of these timing issues. And there again kind of takes

0:19:02.440 --> 0:19:05.760
<v Speaker 1>this full circle for this idea about or people treated differently, Well,

0:19:05.840 --> 0:19:08.119
<v Speaker 1>you are treated differently if you're a sitting president and

0:19:08.200 --> 0:19:10.800
<v Speaker 1>you're charged with a crime. Or your schedule for trial

0:19:10.840 --> 0:19:13.040
<v Speaker 1>you would charge before your president and your schedule try

0:19:13.080 --> 0:19:16.040
<v Speaker 1>you are treated different. That's just that's just real. There's

0:19:16.040 --> 0:19:19.280
<v Speaker 1>no real way around that. Those are considerations that have

0:19:19.400 --> 0:19:22.440
<v Speaker 1>to be out there, you know, and we'll say kind

0:19:22.440 --> 0:19:24.520
<v Speaker 1>of it's sat here as we've taught long. You know,

0:19:24.520 --> 0:19:27.840
<v Speaker 1>another example, you think about people or they treated differently

0:19:27.880 --> 0:19:30.200
<v Speaker 1>under the law, Well, you have a lot of people

0:19:30.240 --> 0:19:32.960
<v Speaker 1>when they're convicted, they're immediately carted off to jail. They're

0:19:33.000 --> 0:19:36.600
<v Speaker 1>handcuffed in the courtroom and taking to jail. Sometimes that's different.

0:19:36.920 --> 0:19:39.760
<v Speaker 1>If you're having to be a pregnant mother, you know,

0:19:39.840 --> 0:19:41.840
<v Speaker 1>you're given a certain amount of time. There are other

0:19:41.920 --> 0:19:45.280
<v Speaker 1>things that considerations that are made. So there are differences

0:19:45.320 --> 0:19:50.480
<v Speaker 1>that life and circumstances bring, and that's sometimes the beauty

0:19:50.520 --> 0:19:53.960
<v Speaker 1>of judicial and prosecutors discretion as you work through those

0:19:54.000 --> 0:19:57.960
<v Speaker 1>things to still give people confidence in judicial process. And

0:19:58.320 --> 0:20:03.040
<v Speaker 1>during this Moralogo speech, Trump kept coming back to the

0:20:03.119 --> 0:20:06.479
<v Speaker 1>investigation that reportedly is the one that bothers him the

0:20:06.520 --> 0:20:09.120
<v Speaker 1>most or concerns him the most, and that's the Special

0:20:09.200 --> 0:20:14.800
<v Speaker 1>Counsel's investigation into the classified documents. And as he's done before,

0:20:15.040 --> 0:20:20.520
<v Speaker 1>Trump admitted that he had those documents sent to Morolago,

0:20:20.960 --> 0:20:24.760
<v Speaker 1>and there's additional reporting from the Washington Post that the

0:20:24.800 --> 0:20:29.200
<v Speaker 1>Special Council has information that he actually went through boxes

0:20:29.240 --> 0:20:32.800
<v Speaker 1>of documents after he got the subpoena. So there's another

0:20:32.840 --> 0:20:38.120
<v Speaker 1>one where I'm like, well, why aren't you bringing the indictment? Right?

0:20:38.160 --> 0:20:40.680
<v Speaker 1>I mean, it seems like a fairly clear case. Either

0:20:40.720 --> 0:20:43.240
<v Speaker 1>you had the documents or you didn't. I mean, and

0:20:43.359 --> 0:20:46.359
<v Speaker 1>either you responded to the subpoena or you didn't. Least

0:20:48.119 --> 0:20:51.119
<v Speaker 1>pretty clear issues. I think the Special Council has moved

0:20:51.119 --> 0:20:54.040
<v Speaker 1>fairly quickly since he's been assigned, and we know that

0:20:54.080 --> 0:20:57.600
<v Speaker 1>he's put some some pressure and interviews on various members

0:20:57.600 --> 0:21:00.520
<v Speaker 1>of Organslation, and he's continuing to look at that. But

0:21:00.560 --> 0:21:02.360
<v Speaker 1>it does seem like a case that could be very clear.

0:21:02.400 --> 0:21:05.879
<v Speaker 1>I'm sure that when Trump was making his comments about

0:21:06.080 --> 0:21:08.800
<v Speaker 1>I think he said he was openly and clearly or

0:21:08.800 --> 0:21:11.479
<v Speaker 1>something like that packing up his boxes or bringing boxes

0:21:11.520 --> 0:21:14.360
<v Speaker 1>down the monologue. I'm sure his lawyers will probably crawling

0:21:14.480 --> 0:21:17.120
<v Speaker 1>under one of the Golden League tables, you know, down

0:21:17.119 --> 0:21:19.600
<v Speaker 1>there in that country club as they listen to that.

0:21:19.720 --> 0:21:21.320
<v Speaker 1>Think I have he had just kind of admitting to

0:21:21.400 --> 0:21:24.160
<v Speaker 1>things that he didn't need to do. And I'm sure

0:21:24.160 --> 0:21:26.720
<v Speaker 1>he'll have a reason and there'll be some excuse this

0:21:26.840 --> 0:21:29.239
<v Speaker 1>is what he really meant. But you know he can

0:21:29.359 --> 0:21:31.439
<v Speaker 1>be his own worst enemy. I'll bet there was a

0:21:31.480 --> 0:21:34.400
<v Speaker 1>note taker in the Special Counsel's office, you know, using

0:21:34.400 --> 0:21:36.560
<v Speaker 1>a highlighter and and to be marking that on a

0:21:36.560 --> 0:21:38.879
<v Speaker 1>transcript somewhere, and it's likely to show up later in

0:21:38.880 --> 0:21:41.200
<v Speaker 1>a court prositing. That's why I think Jack Smiths cases

0:21:41.240 --> 0:21:45.560
<v Speaker 1>are the stronger. The DA in New York, the Dam Georgia,

0:21:45.640 --> 0:21:47.800
<v Speaker 1>and the Special Counsel. They should have met somewhere for

0:21:47.840 --> 0:21:50.720
<v Speaker 1>a summit, I mean in secret, if Camp David or

0:21:50.720 --> 0:21:53.760
<v Speaker 1>whatever they need to do, you know, to meet somewhere

0:21:53.840 --> 0:21:56.320
<v Speaker 1>and talk about what are we doing so that I

0:21:56.320 --> 0:21:58.480
<v Speaker 1>don't step on your toes, you know, so that you

0:21:58.480 --> 0:22:00.919
<v Speaker 1>know we work in a way that's productive. We can

0:22:00.960 --> 0:22:03.640
<v Speaker 1>talk about time and lawforce nats whos do this all

0:22:03.680 --> 0:22:06.639
<v Speaker 1>the time and deconfliction. So if you've got the DA

0:22:06.760 --> 0:22:08.720
<v Speaker 1>working on a case and the FBI working on the

0:22:08.760 --> 0:22:11.040
<v Speaker 1>case and the higher s agents looking at the case,

0:22:11.359 --> 0:22:15.120
<v Speaker 1>they deconflict so they don't put their sources in jeopardy.

0:22:15.160 --> 0:22:18.359
<v Speaker 1>So the investigations not compromised in some way that they

0:22:18.400 --> 0:22:21.560
<v Speaker 1>can protect lawforcement officers that may be on the sane.

0:22:21.880 --> 0:22:23.840
<v Speaker 1>They deconflict, well, they should have been sort of a

0:22:23.880 --> 0:22:29.000
<v Speaker 1>deconfliction between these three prosecutors saying, okay, who has the

0:22:29.040 --> 0:22:32.800
<v Speaker 1>case it's going to survive? Exeppellent question, what happens if

0:22:32.840 --> 0:22:35.320
<v Speaker 1>your case gets the Supreme Court first and they rule

0:22:36.000 --> 0:22:38.719
<v Speaker 1>you know this way, that may kill off nine diement?

0:22:39.000 --> 0:22:40.840
<v Speaker 1>What happens if you know? There has to be a

0:22:40.840 --> 0:22:44.919
<v Speaker 1>discussion and there's nothing wrong, that's not a conspiracy against Trump,

0:22:44.960 --> 0:22:49.160
<v Speaker 1>that's a that's just law enforcement officers getting together when

0:22:49.160 --> 0:22:52.159
<v Speaker 1>you're talking about are you going to bring charges against

0:22:52.160 --> 0:22:54.720
<v Speaker 1>their former president? And I hope they did it. There's

0:22:54.760 --> 0:22:57.320
<v Speaker 1>no indication that they have, but I would hope that

0:22:57.359 --> 0:22:59.719
<v Speaker 1>there's been some discussion. I mean, the charges of them,

0:22:59.760 --> 0:23:04.560
<v Speaker 1>that'sation between jack Smith group and the Fulton DA are

0:23:04.640 --> 0:23:09.200
<v Speaker 1>so overlapped that surely there's been some discussion about who's

0:23:09.240 --> 0:23:11.840
<v Speaker 1>bringing what you know, who's got the best venue to

0:23:11.840 --> 0:23:15.800
<v Speaker 1>bring it in, whose laws he's going to be more favorable,

0:23:15.960 --> 0:23:18.680
<v Speaker 1>who can support a conviction if you know, if they

0:23:18.720 --> 0:23:21.359
<v Speaker 1>get one. Surely they've talked about that, but I don't know,

0:23:21.680 --> 0:23:24.280
<v Speaker 1>there's no indication they are. That's amazing to me. I

0:23:24.320 --> 0:23:26.360
<v Speaker 1>mean one of the first motions I think. I mean,

0:23:26.480 --> 0:23:28.640
<v Speaker 1>it would be filed down here depending on what she does.

0:23:28.960 --> 0:23:31.000
<v Speaker 1>But if she charges him with anything to do with

0:23:31.040 --> 0:23:35.520
<v Speaker 1>the phone call, and especially anything that between January one

0:23:35.680 --> 0:23:39.560
<v Speaker 1>and inauguration day in twenty twenty, I imagine you going

0:23:39.600 --> 0:23:41.679
<v Speaker 1>to see a moast of transferred to federal court and

0:23:41.720 --> 0:23:44.360
<v Speaker 1>they look, he was president and he was doing such

0:23:44.400 --> 0:23:46.399
<v Speaker 1>and such as his position as president nited states he

0:23:46.480 --> 0:23:49.280
<v Speaker 1>was called as a candidate but also president calling to

0:23:49.440 --> 0:23:52.159
<v Speaker 1>check on middle extra time. I mean, they'll make some motion,

0:23:52.400 --> 0:23:54.280
<v Speaker 1>but surely they thought about is the case will be

0:23:54.359 --> 0:23:57.600
<v Speaker 1>in federal court or stake core but in thanks so

0:23:57.720 --> 0:24:01.200
<v Speaker 1>much for joining us. Michael. That's Michael More, former US

0:24:01.240 --> 0:24:03.960
<v Speaker 1>Attorney for the Middle District of Georgia and a partner

0:24:04.000 --> 0:24:09.200
<v Speaker 1>at Moore Hall. Jury selection begins in the one point

0:24:09.280 --> 0:24:13.760
<v Speaker 1>six billion dollar defamation suit over Fox News airing of

0:24:13.840 --> 0:24:17.679
<v Speaker 1>false claims that Dominion voting systems rigged the twenty twenty

0:24:17.680 --> 0:24:23.240
<v Speaker 1>presidential election. Fox's list of witnesses includes current host Maria Bardaromo,

0:24:23.400 --> 0:24:27.800
<v Speaker 1>Tucker Carlson, Sean Hannity and Janine Pierro and Rupert Murdoch

0:24:27.840 --> 0:24:31.000
<v Speaker 1>and his son Laughlin will have to testify if they're

0:24:31.000 --> 0:24:34.480
<v Speaker 1>subpoenaed by Dominion. The trial should shed light on why

0:24:34.560 --> 0:24:38.600
<v Speaker 1>Fox repeatedly allowed guests like Rudy Giuliani and former Trump

0:24:38.680 --> 0:24:43.360
<v Speaker 1>campaign lawyer Sidney Powell to falsely claim that Dominion conspired

0:24:43.400 --> 0:24:48.320
<v Speaker 1>with foreign hackers and corrupt Democrats to ensure Joe Biden one,

0:24:48.760 --> 0:24:53.000
<v Speaker 1>even though many Fox employees knew that was bogus. Sydney,

0:24:53.200 --> 0:24:56.160
<v Speaker 1>we talked about the Dominion software. I know that there

0:24:56.160 --> 0:25:01.320
<v Speaker 1>were voting irregularities. Tell me about that. Let's to put

0:25:01.359 --> 0:25:05.639
<v Speaker 1>it mildly. The Dominion software system has been tagged as

0:25:05.720 --> 0:25:10.399
<v Speaker 1>one allegedly capable of flipping votes, and don't forget still

0:25:10.440 --> 0:25:14.000
<v Speaker 1>serious questions about the integrity of Dominion. Fox is going

0:25:14.040 --> 0:25:17.840
<v Speaker 1>to trial facing a major legal setback. The trial judge

0:25:17.880 --> 0:25:20.480
<v Speaker 1>has ruled that it's crystal clear that none of the

0:25:20.560 --> 0:25:23.800
<v Speaker 1>statements made on Fox relating to Dominion in the twenty

0:25:23.840 --> 0:25:28.480
<v Speaker 1>twenty election are true, taking that question away from the jury.

0:25:29.000 --> 0:25:32.080
<v Speaker 1>Joining me to preview the upcoming trial is David Korsnick,

0:25:32.160 --> 0:25:34.720
<v Speaker 1>an expert in defamation law and a partner at Miller

0:25:34.800 --> 0:25:38.520
<v Speaker 1>Coorsnick Summer's Raymond David tell Us about the ruling that

0:25:38.600 --> 0:25:43.000
<v Speaker 1>Fox can't dispute that it broadcast falsehoods when it allowed

0:25:43.080 --> 0:25:47.240
<v Speaker 1>allies of Donald Trump to float harmful claims about dominions

0:25:47.359 --> 0:25:51.199
<v Speaker 1>supposedly rigging voting machines. Well, first of all, it's a

0:25:51.280 --> 0:25:55.480
<v Speaker 1>really methodical and careful decision, and what he's doing here

0:25:55.800 --> 0:25:59.200
<v Speaker 1>is kind of shaping the battlefield to this trial. There

0:25:59.200 --> 0:26:03.199
<v Speaker 1>are issues that have been determined on summary judgment, and

0:26:03.240 --> 0:26:05.760
<v Speaker 1>there are issues that are open for the trial. The

0:26:05.760 --> 0:26:08.240
<v Speaker 1>ones that are closed and that he ruled on, but

0:26:08.320 --> 0:26:11.919
<v Speaker 1>no jensonable person could think otherwise is that the statements

0:26:11.960 --> 0:26:17.160
<v Speaker 1>about dominion are false. There's no contrary evidence that would

0:26:17.240 --> 0:26:19.800
<v Speaker 1>make that an issue of fact that a journey needs

0:26:19.840 --> 0:26:23.439
<v Speaker 1>to decide where an open question was in this motion

0:26:23.920 --> 0:26:27.840
<v Speaker 1>which statements were fact and which are non actionable opinion.

0:26:28.280 --> 0:26:32.040
<v Speaker 1>And the judge actually does, in the appendix go through

0:26:32.119 --> 0:26:37.720
<v Speaker 1>every single alleged statement broadcast and identifies those lines within

0:26:37.800 --> 0:26:42.280
<v Speaker 1>them that are factual assertions and not non actionable opinions.

0:26:42.440 --> 0:26:46.200
<v Speaker 1>All of that shot. So, how much of a blow

0:26:46.400 --> 0:26:51.080
<v Speaker 1>to Fox is this decision. It's significant, but not surprising,

0:26:51.520 --> 0:26:55.480
<v Speaker 1>It's most significant for Fox in terms of the fact

0:26:55.520 --> 0:26:58.280
<v Speaker 1>that it hoped that they could get rid of some

0:26:58.400 --> 0:27:00.920
<v Speaker 1>of the claims by getting a ruling that they were

0:27:00.960 --> 0:27:05.320
<v Speaker 1>matters of opinion is now behind them and didn't succeed.

0:27:05.880 --> 0:27:07.919
<v Speaker 1>By the way, some of it did succeed in the

0:27:08.000 --> 0:27:11.080
<v Speaker 1>sense that the judge isolates those statements that are fact,

0:27:11.359 --> 0:27:15.400
<v Speaker 1>and he highlighted those that were clearly non actionable opinion.

0:27:15.960 --> 0:27:19.640
<v Speaker 1>So to some extent they probably did winnow down some

0:27:19.720 --> 0:27:23.240
<v Speaker 1>of the claims to get some of them excluded his opinion,

0:27:23.720 --> 0:27:26.520
<v Speaker 1>But within each broadcast, the court found that there were

0:27:26.640 --> 0:27:31.520
<v Speaker 1>statements that were assertions of fact and therefore actionable. Fox

0:27:31.560 --> 0:27:35.480
<v Speaker 1>tried a First Amendment defense that it was simply reporting

0:27:35.480 --> 0:27:40.960
<v Speaker 1>on newsworthy statements from public figures. How did that defense fair? Overall?

0:27:40.960 --> 0:27:44.280
<v Speaker 1>It didn't farewell. In other words, that they wanted to

0:27:44.280 --> 0:27:47.119
<v Speaker 1>say that these were just neutral and fair reports of

0:27:47.400 --> 0:27:51.000
<v Speaker 1>public perceivings. Some of them were, and the court doesn't

0:27:51.000 --> 0:27:55.320
<v Speaker 1>explicitly identify those that get thrown out, so those didn't

0:27:55.320 --> 0:27:58.280
<v Speaker 1>go well either. I just think one thing about this

0:27:58.320 --> 0:28:02.560
<v Speaker 1>case that is some ways really remarkably different than most,

0:28:02.760 --> 0:28:05.800
<v Speaker 1>and that is that rarely do you ever in a

0:28:05.880 --> 0:28:10.080
<v Speaker 1>case get the degree of insight into the internal editorial

0:28:10.119 --> 0:28:14.920
<v Speaker 1>deliberations of the news organization about a particular story or

0:28:15.000 --> 0:28:18.440
<v Speaker 1>set of stories. There's a thing called the reporter's privilege

0:28:18.680 --> 0:28:23.080
<v Speaker 1>which was litigated in order to prevent the disclosure of

0:28:23.480 --> 0:28:28.240
<v Speaker 1>internal deliberations within Fox about what they were broadcasting. And

0:28:28.400 --> 0:28:32.560
<v Speaker 1>normally that will work, but in this case it did partly.

0:28:32.880 --> 0:28:35.360
<v Speaker 1>When you read some of the motion papers, you see

0:28:35.400 --> 0:28:39.200
<v Speaker 1>that they're redactions, and that's probably because some of those

0:28:39.240 --> 0:28:43.280
<v Speaker 1>redacted statements were protected by the reporter's privilege, and some

0:28:43.320 --> 0:28:47.320
<v Speaker 1>of them may even be confidential sources that are under

0:28:47.360 --> 0:28:51.400
<v Speaker 1>New York law absolutely privileged. There are other kinds of

0:28:51.480 --> 0:28:54.920
<v Speaker 1>statements that are only conditionally privileged, and those are the

0:28:54.920 --> 0:28:58.240
<v Speaker 1>ones that the plaintiff dominion were able to get. How

0:28:58.280 --> 0:29:00.480
<v Speaker 1>did they get them? How did they over fund the

0:29:00.560 --> 0:29:02.880
<v Speaker 1>burden that you have to meet in order to beat

0:29:02.920 --> 0:29:06.120
<v Speaker 1>the privilege or crack it. It's really interesting. This is

0:29:06.280 --> 0:29:10.320
<v Speaker 1>unique about this case is that the Fox reporting was

0:29:10.400 --> 0:29:14.480
<v Speaker 1>itself the subject of months and months of reporting by

0:29:14.520 --> 0:29:18.640
<v Speaker 1>other news organizations, and many of its employees had left

0:29:18.760 --> 0:29:22.200
<v Speaker 1>in distress and anger over these issues. They'd fired some

0:29:22.280 --> 0:29:25.000
<v Speaker 1>of them too, including some of the people who called

0:29:25.000 --> 0:29:28.080
<v Speaker 1>the Arizona stuff and so on. So you had all

0:29:28.080 --> 0:29:32.360
<v Speaker 1>these sources out there talking to news organizations and saying, oh, well,

0:29:32.400 --> 0:29:35.280
<v Speaker 1>Suzanne Scott spent this email to me. I don't have it,

0:29:35.360 --> 0:29:37.920
<v Speaker 1>but this is what she said. So and so had

0:29:37.960 --> 0:29:40.920
<v Speaker 1>this meeting and they talked about this, and I heard

0:29:40.920 --> 0:29:43.200
<v Speaker 1>it and I was in. Once you have that kind

0:29:43.200 --> 0:29:47.000
<v Speaker 1>of particularity, once you know what you're looking for as

0:29:47.000 --> 0:29:50.400
<v Speaker 1>a plaintiff, you can then meet the burden that you

0:29:50.520 --> 0:29:53.360
<v Speaker 1>have to meet in order to crack the reporter's privilege.

0:29:53.520 --> 0:29:56.920
<v Speaker 1>Otherwise you can. So let's discuss what will be before

0:29:56.960 --> 0:30:00.320
<v Speaker 1>the jury and what dominion will have to prove. What's

0:30:00.360 --> 0:30:04.520
<v Speaker 1>called actual malice. So actual malice is a technical term

0:30:04.520 --> 0:30:06.960
<v Speaker 1>and it's got nothing to do with malice. What it

0:30:07.200 --> 0:30:10.440
<v Speaker 1>is is a state of mind about truth and falsehood.

0:30:10.640 --> 0:30:14.160
<v Speaker 1>Publishing something knowing that it is false or with a

0:30:14.280 --> 0:30:18.200
<v Speaker 1>high degree of awareness of its probable falsehood. That's the

0:30:18.240 --> 0:30:22.520
<v Speaker 1>definition of it. What it is not is biased. You're

0:30:22.560 --> 0:30:27.360
<v Speaker 1>allowed to be biased. It is not irresponsible journalism. You

0:30:27.400 --> 0:30:30.720
<v Speaker 1>can be irresponsible but still not act with actual malice.

0:30:31.120 --> 0:30:34.120
<v Speaker 1>You can be careless, you can be irresponsible, you can

0:30:34.160 --> 0:30:37.680
<v Speaker 1>be grossly irresponsible, which is the lower standard in private

0:30:37.720 --> 0:30:41.560
<v Speaker 1>figure cases. The plaintiff has to show that the defendant

0:30:41.600 --> 0:30:44.680
<v Speaker 1>published something that was false and at the time they

0:30:44.720 --> 0:30:47.680
<v Speaker 1>did that they published it, they knew it was false

0:30:48.080 --> 0:30:51.840
<v Speaker 1>or had a high degree of awareness of its probable falsehood.

0:30:52.040 --> 0:30:55.360
<v Speaker 1>And what's really kind of scary here for the defendants

0:30:55.360 --> 0:30:59.040
<v Speaker 1>in this case is that there's a lot of traffic

0:30:59.080 --> 0:31:02.320
<v Speaker 1>within their organizations and indicate that they're highly aware of

0:31:02.360 --> 0:31:05.120
<v Speaker 1>its falsehood and that the people who are expressing that

0:31:05.480 --> 0:31:07.280
<v Speaker 1>are And this is what the jury is going to

0:31:07.360 --> 0:31:13.000
<v Speaker 1>have to decide participants. In the shape of those broadcasts,

0:31:13.240 --> 0:31:15.840
<v Speaker 1>you know, there's this big thing about what is Rupert

0:31:15.920 --> 0:31:19.200
<v Speaker 1>Murdoch think and what is Lachlan think and so on.

0:31:19.600 --> 0:31:22.520
<v Speaker 1>It looks like they're kind of calling audibles too the

0:31:22.560 --> 0:31:24.600
<v Speaker 1>news team as to what it ought to do, but

0:31:24.760 --> 0:31:27.560
<v Speaker 1>the planiff doesn't need them in order to land the

0:31:27.720 --> 0:31:31.479
<v Speaker 1>proof of actual malice, which by the way, is pretty daunting. Normally,

0:31:31.560 --> 0:31:34.640
<v Speaker 1>you have to prove it with not just preponderance of

0:31:34.680 --> 0:31:37.200
<v Speaker 1>the evidence, which is the usual thing, but you have

0:31:37.280 --> 0:31:40.400
<v Speaker 1>to prove it with clear and convincing evidence. But somewhere

0:31:40.440 --> 0:31:44.120
<v Speaker 1>between preponderance of the evidence, which is more than fifty

0:31:44.160 --> 0:31:47.920
<v Speaker 1>percent likely, but less than what is required in a

0:31:47.920 --> 0:31:52.280
<v Speaker 1>criminal case, which is beyond a reasonable doubt. Some who've

0:31:52.280 --> 0:31:54.960
<v Speaker 1>looked at all the emails and techs seem to think

0:31:55.040 --> 0:31:58.640
<v Speaker 1>that it won't be that difficult to prove actual malice here.

0:31:59.000 --> 0:32:01.560
<v Speaker 1>I don't think that it will be difficult. I think

0:32:01.600 --> 0:32:04.680
<v Speaker 1>that there could be some open questions about, you know,

0:32:05.080 --> 0:32:10.520
<v Speaker 1>how soon did Fox editors and producers recognize that these

0:32:10.520 --> 0:32:14.080
<v Speaker 1>statements about demeaning were false. It seems pretty early in it.

0:32:14.240 --> 0:32:17.479
<v Speaker 1>You see the judges laid out both a timeline of

0:32:17.520 --> 0:32:21.800
<v Speaker 1>their awareness of falsehood and a timeline of the different publications.

0:32:21.880 --> 0:32:25.600
<v Speaker 1>So there could be some early on that don't meet

0:32:25.680 --> 0:32:28.480
<v Speaker 1>the actual analyice standard. We'll see what the jury does

0:32:28.480 --> 0:32:32.600
<v Speaker 1>with that. But as the understanding of the falsehood of

0:32:32.640 --> 0:32:36.440
<v Speaker 1>these statements kind of traits all levels of the news organization,

0:32:36.720 --> 0:32:39.520
<v Speaker 1>then I think it's not going to be hard for

0:32:39.720 --> 0:32:44.280
<v Speaker 1>the plaintiff to show that. So how likely is it

0:32:44.320 --> 0:32:46.800
<v Speaker 1>that there'll be a settlement on the eve of trial.

0:32:47.360 --> 0:32:49.400
<v Speaker 1>It just looks to me like a really hard one

0:32:49.440 --> 0:32:51.680
<v Speaker 1>to settle. If I had to guess, and this is

0:32:51.720 --> 0:32:53.720
<v Speaker 1>just a guess, I think it's going to go to

0:32:53.760 --> 0:32:55.720
<v Speaker 1>a trial. Why do you think it's hard to settle?

0:32:55.800 --> 0:32:59.600
<v Speaker 1>Just explain that, because I think that the plaintiff may

0:32:59.640 --> 0:33:03.960
<v Speaker 1>have little incentive to do that, and Fox itself may

0:33:04.000 --> 0:33:08.000
<v Speaker 1>be hoping to be able to contain some of this

0:33:08.200 --> 0:33:11.800
<v Speaker 1>on appeal. Keep in mind that if a plantiff gets

0:33:11.840 --> 0:33:15.280
<v Speaker 1>to a trial in a libel case, often the plantiff

0:33:15.320 --> 0:33:18.719
<v Speaker 1>can prevail, but typically on appeal a lot of it

0:33:18.760 --> 0:33:21.960
<v Speaker 1>gets really carved back and cut back. So I think

0:33:22.000 --> 0:33:24.680
<v Speaker 1>Fox's biggest incentive is that it doesn't want to have

0:33:24.680 --> 0:33:27.480
<v Speaker 1>a trial with all of these witnesses being hauled in

0:33:27.680 --> 0:33:30.920
<v Speaker 1>to court and questioned in a public way. I mean,

0:33:31.280 --> 0:33:33.800
<v Speaker 1>right now, all these things are just on paper, but

0:33:33.840 --> 0:33:36.800
<v Speaker 1>when they have to testify in court and have Earlson,

0:33:36.920 --> 0:33:39.920
<v Speaker 1>that Murdoch and you name it all in there, bad

0:33:40.280 --> 0:33:43.920
<v Speaker 1>R goes right against what they seem mostly preoccupied with

0:33:44.160 --> 0:33:48.840
<v Speaker 1>about appearing to be doubtful about what their viewers believe truth.

0:33:49.080 --> 0:33:51.640
<v Speaker 1>It's going to be a fascinating trial, Thanks so much.

0:33:51.960 --> 0:33:56.040
<v Speaker 1>That's defamation law expert David Korsnick. Coming up next is

0:33:56.080 --> 0:33:59.520
<v Speaker 1>Obamacare headed to the Supreme Court for a ninth time.

0:34:00.000 --> 0:34:00.800
<v Speaker 1>This is Bloomberg