1 00:00:00,760 --> 00:00:03,720 Speaker 1: Hey, guys, ready or not, twenty twenty four is here, 2 00:00:03,880 --> 00:00:06,320 Speaker 1: and we here at breaking points, are already thinking of 3 00:00:06,400 --> 00:00:08,600 Speaker 1: ways we can up our game for this critical election. 4 00:00:08,800 --> 00:00:11,719 Speaker 2: We rely on our premium subs to expand coverage, upgrade 5 00:00:11,760 --> 00:00:15,880 Speaker 2: the studio ad staff, give you, guys, the best independent coverage. 6 00:00:15,600 --> 00:00:16,239 Speaker 3: That is possible. 7 00:00:16,280 --> 00:00:18,279 Speaker 2: If you like what we're all about, it just means 8 00:00:18,320 --> 00:00:20,799 Speaker 2: the absolute world to have your support. But enough with that, 9 00:00:21,000 --> 00:00:27,600 Speaker 2: let's get to the show. 10 00:00:38,880 --> 00:00:42,120 Speaker 1: So wild day yesterday, part way through the day, they 11 00:00:42,159 --> 00:00:45,760 Speaker 1: accidentally uploaded what appeared to be charges against Trump to 12 00:00:45,800 --> 00:00:47,880 Speaker 1: a Georgia County website. Then they took them down and 13 00:00:47,960 --> 00:00:50,600 Speaker 1: we knew the grand jury was meeting. Witnesses were rushed in, 14 00:00:50,640 --> 00:00:53,720 Speaker 1: et cetera. Late last night, we finally got the charges 15 00:00:53,760 --> 00:00:56,760 Speaker 1: handed down and the DA there in Fulton County, Funny 16 00:00:56,800 --> 00:01:00,000 Speaker 1: Willis gave a press conference announcing some of the details. 17 00:01:00,080 --> 00:01:00,800 Speaker 4: Let's take a listen. 18 00:01:01,040 --> 00:01:07,280 Speaker 5: Today, based on information developed by that investigation, a Fulton 19 00:01:07,400 --> 00:01:13,160 Speaker 5: County grand jury returned a true bill of indictment, charging 20 00:01:13,560 --> 00:01:20,800 Speaker 5: nineteen individuals with violations of Georgia law arising from a 21 00:01:20,880 --> 00:01:26,280 Speaker 5: criminal conspiracy to overturn the results of the twenty twenty 22 00:01:26,680 --> 00:01:33,440 Speaker 5: presidential election in this state. The indictment includes forty one 23 00:01:34,160 --> 00:01:39,440 Speaker 5: felony counts and his ninety seven pages long. Please remember 24 00:01:39,880 --> 00:01:46,920 Speaker 5: that everyone charged in this bill of indictment is presumed innocent. Specifically, 25 00:01:47,360 --> 00:01:53,560 Speaker 5: the indictment brings felony charges against Donald John Trump. Every 26 00:01:53,840 --> 00:01:58,559 Speaker 5: individual charge in the indictment is charged with one count 27 00:01:59,080 --> 00:02:07,960 Speaker 5: of violating Georgia's Racketeer Influenced and Corrupt Organizations Act through 28 00:02:08,040 --> 00:02:13,680 Speaker 5: participation in a criminal enterprise in Fulton County, Georgia and 29 00:02:13,880 --> 00:02:19,880 Speaker 5: elsewhere to accomplish the illegal goal of allowing Donald J. 30 00:02:20,160 --> 00:02:25,760 Speaker 5: Trump to seize the presidential term of office beginning on 31 00:02:25,880 --> 00:02:28,000 Speaker 5: January twentieth, twenty one. 32 00:02:28,520 --> 00:02:31,360 Speaker 1: So let's take a look at the actual indictment. This 33 00:02:31,520 --> 00:02:33,760 Speaker 1: is just the first two cover pages, so you can 34 00:02:33,800 --> 00:02:38,840 Speaker 1: get a sense there, as Fannie willis indicated. Nineteen individuals 35 00:02:39,240 --> 00:02:41,600 Speaker 1: charged here. Some of them will be familiar names to you, 36 00:02:42,000 --> 00:02:45,640 Speaker 1: like the former president Donald Trump, like Rudy Giuliani, like 37 00:02:45,720 --> 00:02:48,480 Speaker 1: Mark Meadows, like some of the individuals who were also 38 00:02:49,240 --> 00:02:53,280 Speaker 1: named as co conspirators in Jack Smith's indictment, like Kenneth Cheeseborough. 39 00:02:53,800 --> 00:02:55,360 Speaker 4: Others are less well known. 40 00:02:55,680 --> 00:03:00,320 Speaker 1: There's an individual who was a stylist for R Kelly, 41 00:03:00,400 --> 00:03:03,720 Speaker 1: who apparently try to intimidate these women that were accused 42 00:03:03,760 --> 00:03:07,320 Speaker 1: of committing election fraud completely erroneously. But you see the 43 00:03:07,320 --> 00:03:09,600 Speaker 1: list of the charges here, and just so people understand 44 00:03:10,080 --> 00:03:12,919 Speaker 1: the fact that all these charges are listed doesn't mean 45 00:03:12,960 --> 00:03:15,480 Speaker 1: that all of these people are charged with all of 46 00:03:15,520 --> 00:03:19,200 Speaker 1: these things. All of them are charged at least with 47 00:03:19,360 --> 00:03:24,080 Speaker 1: the RICO, the racketeering charge that Fannie willis indicated. Basically, 48 00:03:24,120 --> 00:03:28,000 Speaker 1: this is meant to roll up mobsters, and in Georgia 49 00:03:28,200 --> 00:03:30,799 Speaker 1: they have a very expansive RICO law. According to the 50 00:03:30,840 --> 00:03:33,679 Speaker 1: analysis I was reading, it's one of the most expansive 51 00:03:33,720 --> 00:03:37,560 Speaker 1: in the country. Prosecutors love it, defense attorneys despise it, 52 00:03:37,960 --> 00:03:40,720 Speaker 1: and they made it really broad to roll up, for example, 53 00:03:40,760 --> 00:03:44,880 Speaker 1: low level street drug dealers along with kingpins. And so 54 00:03:44,960 --> 00:03:48,960 Speaker 1: the allegation here is that all of these individuals, plus 55 00:03:48,960 --> 00:03:52,960 Speaker 1: thirty additional unindicted co conspirators that they say are known 56 00:03:52,960 --> 00:03:55,400 Speaker 1: to the grand jury, that all of them were part 57 00:03:55,600 --> 00:03:59,840 Speaker 1: of a criminal conspiracy, a criminal enterprise to overturn the 58 00:04:00,040 --> 00:04:04,440 Speaker 1: rightful election results in Georgia. To go through specifically what 59 00:04:04,560 --> 00:04:07,240 Speaker 1: Trump is charged with, because again he's not charged with 60 00:04:07,320 --> 00:04:09,960 Speaker 1: all of the things that are listed there. He faces 61 00:04:10,040 --> 00:04:12,920 Speaker 1: thirteen different charges. Let me just take a moment to 62 00:04:12,960 --> 00:04:15,640 Speaker 1: go through them. Number one is violation of that Rego 63 00:04:15,720 --> 00:04:19,640 Speaker 1: Act that I was just discussing, to solicitation, a violation 64 00:04:19,720 --> 00:04:23,359 Speaker 1: of oath by public officer, conspiracy to commit impersonating a 65 00:04:23,400 --> 00:04:27,040 Speaker 1: public officer, conspiracy to commit forgery in the first degree, 66 00:04:27,200 --> 00:04:30,359 Speaker 1: conspiracy to commit false statements in writings, conspiracy to commit 67 00:04:30,400 --> 00:04:34,000 Speaker 1: filing false documents, Conspiracy to commit forgery in the first degree, 68 00:04:34,120 --> 00:04:37,919 Speaker 1: conspiracy to commit false statements in writings, filing false documents, 69 00:04:38,000 --> 00:04:41,680 Speaker 1: solicitation of violation of oath by public officer, false statements 70 00:04:41,680 --> 00:04:45,880 Speaker 1: and writings, another count of solicitation, a violation of oath 71 00:04:45,920 --> 00:04:48,880 Speaker 1: by public officer, and another's count of false statements and writing. 72 00:04:48,960 --> 00:04:51,360 Speaker 1: So that's specific to trump their additional charges in here 73 00:04:51,360 --> 00:04:53,640 Speaker 1: that some of these individuals face, like Sydney pal that 74 00:04:53,760 --> 00:04:56,520 Speaker 1: have to do with that breach of computer systems that 75 00:04:56,560 --> 00:04:59,640 Speaker 1: we discussed yesterday. But ser something that you brought up yesterday, 76 00:04:59,640 --> 00:05:01,840 Speaker 1: which I think is really important for people to understand. 77 00:05:01,839 --> 00:05:04,400 Speaker 1: As they get a little bit of like, you know, indictment, 78 00:05:05,200 --> 00:05:07,880 Speaker 1: they're like a little overwhelmed by all these different indictments 79 00:05:08,600 --> 00:05:11,520 Speaker 1: part of why this one is significant is because it 80 00:05:11,680 --> 00:05:14,640 Speaker 1: is state charges. That means if Trump, even if he's 81 00:05:14,680 --> 00:05:17,799 Speaker 1: elected president, he can't get out of it. He can't 82 00:05:17,839 --> 00:05:22,359 Speaker 1: pardon himself. The other reason is because there are limits 83 00:05:22,400 --> 00:05:25,800 Speaker 1: even if you have a friendly governor in office. In Georgia, 84 00:05:25,920 --> 00:05:29,240 Speaker 1: there's an expansive time limit in terms of when they 85 00:05:29,240 --> 00:05:31,680 Speaker 1: are allowed to pardon, even if they have you know 86 00:05:31,720 --> 00:05:33,080 Speaker 1: a governor there who wants. 87 00:05:32,960 --> 00:05:33,719 Speaker 3: To go ahead with that. 88 00:05:34,160 --> 00:05:36,839 Speaker 1: And the other piece is, you know Jack Smith, when 89 00:05:36,839 --> 00:05:39,919 Speaker 1: he was looking at some of these similar alleged crimes, 90 00:05:40,279 --> 00:05:43,440 Speaker 1: he had to use statutes that haven't traditionally been used 91 00:05:43,440 --> 00:05:46,360 Speaker 1: in terms of election for an election crimes. Well, states 92 00:05:46,400 --> 00:05:49,760 Speaker 1: are where they traditionally prosecute election crimes, so they have 93 00:05:49,800 --> 00:05:52,520 Speaker 1: statutes in the books that are really directly designed for 94 00:05:52,560 --> 00:05:53,359 Speaker 1: these types of acts. 95 00:05:53,400 --> 00:05:54,200 Speaker 3: Let me hammer that home. 96 00:05:54,520 --> 00:05:57,920 Speaker 2: Another issue that Trump will run into is that there 97 00:05:58,080 --> 00:06:02,479 Speaker 2: is similar process in the Rico law in Georgia that 98 00:06:02,600 --> 00:06:05,080 Speaker 2: you have a minimum of five years to serve in 99 00:06:05,200 --> 00:06:08,920 Speaker 2: jail if you are convicted of under the Rico statute. 100 00:06:09,000 --> 00:06:11,279 Speaker 2: I also want to underscore what you said. The law 101 00:06:11,400 --> 00:06:14,919 Speaker 2: was written, ironically enough, by a lot of Republicans in 102 00:06:14,920 --> 00:06:18,320 Speaker 2: the nineteen eighties. Basically some tough This is a tough 103 00:06:18,400 --> 00:06:21,120 Speaker 2: This is basically a lock them up law in order 104 00:06:21,160 --> 00:06:24,320 Speaker 2: to make it easier for Rico Statutes to apply to 105 00:06:24,440 --> 00:06:28,240 Speaker 2: any criminal enterprise, including a gang. It doesn't even require 106 00:06:28,279 --> 00:06:30,520 Speaker 2: you to all be sitting in the same room deciding 107 00:06:30,560 --> 00:06:32,920 Speaker 2: to prosecute the same crime. As long as you are 108 00:06:32,920 --> 00:06:34,000 Speaker 2: all working toward. 109 00:06:33,839 --> 00:06:34,480 Speaker 3: The same end. 110 00:06:34,560 --> 00:06:38,240 Speaker 2: Even if you did not actually, like specifically talk to 111 00:06:38,279 --> 00:06:41,560 Speaker 2: each other, you could still be prosecuted under the Rico Statutes. 112 00:06:41,600 --> 00:06:44,000 Speaker 2: The law as written and as yet to have faced 113 00:06:44,040 --> 00:06:48,359 Speaker 2: constitutional challenges, had numerous convictions under it, including under the 114 00:06:48,360 --> 00:06:51,080 Speaker 2: current grand jury. This is a real tough one for Trump. 115 00:06:51,120 --> 00:06:53,480 Speaker 2: You got a minimum five year sentence. If convicted, you 116 00:06:53,520 --> 00:06:56,800 Speaker 2: cannot be You cannot be pardoned by a governor. It 117 00:06:56,880 --> 00:06:59,480 Speaker 2: actually goes to a board of pardons. As you were saying, 118 00:06:59,520 --> 00:07:02,479 Speaker 2: there's a They basically wrote it into the law to 119 00:07:02,480 --> 00:07:05,440 Speaker 2: make it as difficult as possible if convicted by a 120 00:07:05,560 --> 00:07:08,359 Speaker 2: jury in the state to get out of it. And 121 00:07:08,400 --> 00:07:13,240 Speaker 2: then also the minimum the minimum prison sentence, and then 122 00:07:13,280 --> 00:07:17,040 Speaker 2: the fact that there is no novel interpretation of law here. 123 00:07:17,080 --> 00:07:19,040 Speaker 2: I actually think the Jacksmith and Diatan is far weaker 124 00:07:19,080 --> 00:07:22,200 Speaker 2: than this one, because this Georgia indictment is specifically they 125 00:07:22,200 --> 00:07:25,520 Speaker 2: are the ones who administer their elections in our federalist system. 126 00:07:25,600 --> 00:07:27,920 Speaker 2: So there are multiple different things here where the federal 127 00:07:27,960 --> 00:07:31,280 Speaker 2: government doesn't have. The federal government does not have the 128 00:07:31,320 --> 00:07:35,240 Speaker 2: same novel interpretation. Trump doesn't have actually the same federal 129 00:07:35,280 --> 00:07:37,640 Speaker 2: protections that he's going to pursue if he does get 130 00:07:37,720 --> 00:07:40,720 Speaker 2: convicted in the DC Court, that he can bring to 131 00:07:40,760 --> 00:07:43,320 Speaker 2: the Supreme Court. Whenever it comes to free speech. This 132 00:07:43,400 --> 00:07:47,440 Speaker 2: is a much different and frankly, a stronger case. We 133 00:07:47,480 --> 00:07:49,920 Speaker 2: also have the Atlanta Journal constitutions is to put some 134 00:07:50,000 --> 00:07:51,800 Speaker 2: of this in plain English one of the things that 135 00:07:51,840 --> 00:07:53,680 Speaker 2: they write, and this is just to make it easier 136 00:07:53,680 --> 00:07:57,120 Speaker 2: for people to understand the phone call specifically that Trump 137 00:07:57,120 --> 00:08:00,600 Speaker 2: made to Georgia officials Brad Rafensberger and Governor Brian Kemp. 138 00:08:00,960 --> 00:08:03,000 Speaker 3: Then you have the alternate GOP. 139 00:08:02,760 --> 00:08:06,960 Speaker 2: Electors who cast Electoral College votes for Trump December fourteenth, 140 00:08:07,000 --> 00:08:09,880 Speaker 2: twenty twenty, while the official Democratic electors were casting their 141 00:08:09,960 --> 00:08:13,440 Speaker 2: votes for Biden. The false testimony given to State House 142 00:08:13,480 --> 00:08:15,520 Speaker 2: and Senate committees which led to the threats and the 143 00:08:15,600 --> 00:08:18,840 Speaker 2: harassment of Fulton County poll workers, Ruby Freeman and her 144 00:08:18,920 --> 00:08:23,000 Speaker 2: daughter Sey Moss, the copying of sensitive Georgia elections data 145 00:08:23,040 --> 00:08:26,240 Speaker 2: in Coffee County, two hundred miles southef of Atlanta, the 146 00:08:26,320 --> 00:08:27,080 Speaker 2: day after. 147 00:08:26,880 --> 00:08:29,720 Speaker 3: The January sixth, twenty twenty one attack on the Capitol. 148 00:08:29,760 --> 00:08:32,880 Speaker 2: So you put those all together and they constitute the 149 00:08:32,920 --> 00:08:36,360 Speaker 2: actual acts, not just the counts that are listed there 150 00:08:36,480 --> 00:08:39,720 Speaker 2: against Trump, part of the rico enterprise that they are 151 00:08:39,720 --> 00:08:42,680 Speaker 2: bringing against him. I will say, just on a political level, 152 00:08:42,720 --> 00:08:44,120 Speaker 2: because of course, and we have to step back and 153 00:08:44,160 --> 00:08:47,360 Speaker 2: be like, this is political. It was an extremely odd 154 00:08:47,440 --> 00:08:51,480 Speaker 2: situation yesterday, Crystal. Whenever this docket got pot with the 155 00:08:51,600 --> 00:08:55,520 Speaker 2: charges got posted to the Fulton County website, then remove 156 00:08:55,559 --> 00:08:58,680 Speaker 2: from the website they claimed it was fake. Not everything 157 00:08:58,720 --> 00:09:01,000 Speaker 2: that they posted didn't end up being charge. We were 158 00:09:01,040 --> 00:09:05,040 Speaker 2: trying to figure that out this morning. Very odd considering 159 00:09:05,120 --> 00:09:08,200 Speaker 2: the fact that the grand jury had not even yet voted. Also, 160 00:09:08,480 --> 00:09:10,480 Speaker 2: there's a lot being made of and I can't help Alia, 161 00:09:10,600 --> 00:09:13,440 Speaker 2: I mean, it does look ridiculous. Whenever you were reading 162 00:09:13,480 --> 00:09:15,920 Speaker 2: said indictment's at nine to nine page indictment, which both 163 00:09:15,960 --> 00:09:18,680 Speaker 2: of us were going through extensively this morning. They will 164 00:09:18,679 --> 00:09:22,920 Speaker 2: list things like Trump tweeted turn on oaan Georgia hearing. 165 00:09:23,080 --> 00:09:26,560 Speaker 2: This was an overt act in furtherance of the conspiracy. 166 00:09:26,559 --> 00:09:29,440 Speaker 2: To be clear, he's not being criminally charged, but the 167 00:09:29,440 --> 00:09:32,400 Speaker 2: way that they lay out the case, it's like tweeting 168 00:09:32,520 --> 00:09:35,400 Speaker 2: to tune into a hearing about what would happened or 169 00:09:35,440 --> 00:09:38,840 Speaker 2: whatever in Georgia is what they're signing. If you are 170 00:09:38,840 --> 00:09:40,760 Speaker 2: consuming Fox News or any of the other thing, you 171 00:09:40,800 --> 00:09:42,760 Speaker 2: are going to be hearing quite a bit about that. 172 00:09:43,400 --> 00:09:47,800 Speaker 2: So look, on a political level, it's a real issue 173 00:09:48,080 --> 00:09:50,560 Speaker 2: for not only Trump, but I mean, we didn't even 174 00:09:50,559 --> 00:09:52,199 Speaker 2: note this Rudy Giuliani. 175 00:09:52,360 --> 00:09:54,800 Speaker 3: Now he's facing two charges. Mark Meadows. 176 00:09:55,200 --> 00:09:58,680 Speaker 2: Ironically, Jenna Ellis, who is one of those campaign lawyers, 177 00:09:58,880 --> 00:10:02,080 Speaker 2: she's actually currently backing DeSantis, which makes it even more helecical. 178 00:10:02,200 --> 00:10:06,520 Speaker 2: For yeah, she's currently a DeSantis person. So this lady 179 00:10:06,640 --> 00:10:09,719 Speaker 2: who basically turned on Trump to back DeSantis for the 180 00:10:09,760 --> 00:10:14,000 Speaker 2: nominations now being charged by the state of Georgia and 181 00:10:14,200 --> 00:10:15,839 Speaker 2: as being yeah, charge by the state of Georgia. 182 00:10:15,840 --> 00:10:18,480 Speaker 3: We're trying to overturn the election on Trump's behalf. 183 00:10:18,520 --> 00:10:20,040 Speaker 2: She was the woman who was standing right next to 184 00:10:20,080 --> 00:10:23,000 Speaker 2: Rudy Giuliani at that infamous press conference but then you 185 00:10:23,000 --> 00:10:26,199 Speaker 2: have numerous others, as you said, people alleged to have 186 00:10:26,760 --> 00:10:31,000 Speaker 2: intimidated some of these election workers. I mean, this is 187 00:10:31,040 --> 00:10:34,720 Speaker 2: going to be, I think, a very difficult case for Trump. 188 00:10:34,800 --> 00:10:37,440 Speaker 2: And really, I mean Trump probably has the best chance 189 00:10:37,679 --> 00:10:40,120 Speaker 2: of surviving this because if he does get elected president, 190 00:10:40,160 --> 00:10:42,800 Speaker 2: then there's a whole other jurisprudence and all that stuff 191 00:10:42,840 --> 00:10:45,160 Speaker 2: that kicks in. If you were Rudy or Jennalists or 192 00:10:45,160 --> 00:10:47,280 Speaker 2: any of these normal other folks like you are looking 193 00:10:47,320 --> 00:10:51,600 Speaker 2: at actual prison time here, considering the charges, considering how 194 00:10:51,679 --> 00:10:55,199 Speaker 2: we the burden that you have to reach to be 195 00:10:55,240 --> 00:10:58,480 Speaker 2: convicted under Rico and Georgia is just not that high. 196 00:10:58,720 --> 00:11:01,679 Speaker 2: And you know, specifically whenever you were talking about entering 197 00:11:01,679 --> 00:11:05,360 Speaker 2: false statements for the records like the elector scheme that 198 00:11:05,559 --> 00:11:08,200 Speaker 2: you know, once again, on a federal level, it takes 199 00:11:08,240 --> 00:11:11,600 Speaker 2: a novel interpretation. On a state level, it really doesn't 200 00:11:11,720 --> 00:11:13,439 Speaker 2: in order to prosecute that charge. 201 00:11:13,880 --> 00:11:17,240 Speaker 1: The computer charges too, which again Trump isn't doesn't have 202 00:11:17,320 --> 00:11:19,920 Speaker 1: those charges, but people like Sidney Poll and others do. 203 00:11:20,640 --> 00:11:22,080 Speaker 4: Those are pretty cut and drive too. 204 00:11:22,679 --> 00:11:25,040 Speaker 2: You can't get you straight up like you've got access 205 00:11:25,080 --> 00:11:25,680 Speaker 2: to these. 206 00:11:25,880 --> 00:11:27,280 Speaker 4: Voting systems exactly that. 207 00:11:27,440 --> 00:11:30,439 Speaker 1: By the way, if Democrats had did that, oh my god, 208 00:11:30,520 --> 00:11:33,320 Speaker 1: they would be going wild over on Fox News about 209 00:11:33,320 --> 00:11:36,760 Speaker 1: election fraud. I want to read off so to underscore 210 00:11:36,800 --> 00:11:38,800 Speaker 1: what you were saying, Cyber. Yeah, if you go through 211 00:11:38,800 --> 00:11:41,080 Speaker 1: this indictment, which I confess I got probably about halfway 212 00:11:41,080 --> 00:11:44,120 Speaker 1: through this morning when I woke up, it's chapter and 213 00:11:44,240 --> 00:11:47,440 Speaker 1: verse of this email was sent, this phone call was made, 214 00:11:47,600 --> 00:11:50,880 Speaker 1: this meeting occurred, this person said that Trump tweeted X. 215 00:11:51,400 --> 00:11:54,760 Speaker 1: It really goes through, step by step by step. Now, 216 00:11:54,920 --> 00:11:58,240 Speaker 1: those individual pieces are not all charges, but they're all 217 00:11:58,280 --> 00:12:01,280 Speaker 1: what they considered to be or Whatannie Willis and the 218 00:12:01,280 --> 00:12:05,200 Speaker 1: grand jury agreed were acts in furtherance of the conspiracy. 219 00:12:05,400 --> 00:12:08,280 Speaker 1: So this is all sort of like context laying out 220 00:12:08,280 --> 00:12:10,800 Speaker 1: the scheme. And this is part of why prosecutors love 221 00:12:10,960 --> 00:12:14,640 Speaker 1: RICO because they can look not just at these individual 222 00:12:14,679 --> 00:12:17,880 Speaker 1: criminal acts as one offs. They can really paint a 223 00:12:17,960 --> 00:12:22,360 Speaker 1: whole portrait of all these people that allegedly contributed to 224 00:12:22,640 --> 00:12:24,160 Speaker 1: the scheme. And that's what you get if you go 225 00:12:24,280 --> 00:12:26,959 Speaker 1: through the indictment. I just want, in the interest of 226 00:12:27,000 --> 00:12:28,920 Speaker 1: you know, you guys having complete information, I want to 227 00:12:28,960 --> 00:12:30,960 Speaker 1: read off the list of names of all the people 228 00:12:31,080 --> 00:12:33,440 Speaker 1: nineteen people who were charged here, so you can get 229 00:12:33,440 --> 00:12:36,920 Speaker 1: a sense of the breadth of this indictment. Of course, 230 00:12:36,960 --> 00:12:40,199 Speaker 1: you've got Trump Rudy Giuliani, John Eastman, who is the 231 00:12:40,240 --> 00:12:43,920 Speaker 1: lawyer who's also implicated in Jack Smith's indictment. Mark Meadow's 232 00:12:43,920 --> 00:12:46,600 Speaker 1: former White House Chief of staff Kenneth Cheesebrow, also part 233 00:12:46,600 --> 00:12:50,480 Speaker 1: of that Jack Smith indictment. Jeffrey Clark, former ex assistant 234 00:12:50,480 --> 00:12:53,520 Speaker 1: Attorney General. Another one who was in the Jack Smith indictment, 235 00:12:53,840 --> 00:12:56,680 Speaker 1: Jenna Ellis asager was just mentioning Ray Smith. Third or 236 00:12:56,679 --> 00:12:58,800 Speaker 1: I don't even know who apparently is also a lawyer, 237 00:12:58,800 --> 00:13:01,400 Speaker 1: Bob Cheeley. Another lawyer I don't know, Michael Roman, a 238 00:13:01,440 --> 00:13:03,199 Speaker 1: GOP strategist, David Schaeffer. 239 00:13:03,480 --> 00:13:06,480 Speaker 4: You've got some local Georgia officials here. 240 00:13:07,200 --> 00:13:10,839 Speaker 1: He was the Georgia GOP party chair, Sean Still, a 241 00:13:10,920 --> 00:13:14,079 Speaker 1: state senator, Stephen Cliff guard Lee who was a pastor 242 00:13:14,120 --> 00:13:18,800 Speaker 1: in Illinois, Harrison Floyd Black voices for Trump leader Trevian Cutty, 243 00:13:18,920 --> 00:13:21,040 Speaker 1: the publicist. That's the one I alluded to before as 244 00:13:21,080 --> 00:13:23,800 Speaker 1: like connections to r Kelly and also to Yay who 245 00:13:23,880 --> 00:13:27,800 Speaker 1: was trying to intimidate and coerce these election workers. Sidney Pale, 246 00:13:28,360 --> 00:13:30,960 Speaker 1: Kathy Latham, she's the one who was the former Coffee 247 00:13:30,960 --> 00:13:34,160 Speaker 1: County GOP chair that's where that alleged breach of computer 248 00:13:34,240 --> 00:13:38,600 Speaker 1: systems occurred. Scott Hall, who's a bail bondsman. And Misty 249 00:13:38,640 --> 00:13:42,920 Speaker 1: Hampton another former Coffee County this one elections supervisor who 250 00:13:42,920 --> 00:13:46,160 Speaker 1: we discussed yesterday who appears to have been the individual, 251 00:13:46,559 --> 00:13:49,520 Speaker 1: based on some recordings that they have from Coffee County 252 00:13:49,720 --> 00:13:53,240 Speaker 1: who invited some of the Trump folks in in order 253 00:13:53,280 --> 00:13:57,600 Speaker 1: to allegedly illegally breach these computer systems. So in addition 254 00:13:57,640 --> 00:13:59,960 Speaker 1: to that, there are thirty more people who they describe 255 00:14:00,000 --> 00:14:03,040 Speaker 1: as unindicted co conspirators. So, you know, it really is 256 00:14:03,840 --> 00:14:05,680 Speaker 1: to me there are a couple of things that jump 257 00:14:05,679 --> 00:14:08,400 Speaker 1: out soccer. First of all, you know, I don't give 258 00:14:08,400 --> 00:14:11,080 Speaker 1: the Trump team a lot of credit for like competence 259 00:14:11,120 --> 00:14:14,880 Speaker 1: and organization, but there was clearly a very widespread, organized 260 00:14:14,920 --> 00:14:18,280 Speaker 1: effort in order to achieve this, an attempt to you know, 261 00:14:18,360 --> 00:14:22,440 Speaker 1: institute the fake electors and pressure campaign happening at every level, 262 00:14:22,520 --> 00:14:25,320 Speaker 1: not just the Brad Roethlisberger call that we're all familiar with. 263 00:14:25,600 --> 00:14:26,440 Speaker 4: That's number one. 264 00:14:26,640 --> 00:14:28,760 Speaker 1: Number two, I gotta say the part that is almost 265 00:14:28,840 --> 00:14:31,200 Speaker 1: most calling to me is the way they treated those 266 00:14:31,240 --> 00:14:34,560 Speaker 1: two election workers, the mother and daughter. And this was 267 00:14:34,640 --> 00:14:38,000 Speaker 1: really Rudy Giuliani specifically, but all of Trump was apparently 268 00:14:38,080 --> 00:14:40,840 Speaker 1: obsessed with this as well. There's this clip of them 269 00:14:41,000 --> 00:14:44,600 Speaker 1: floating around. They're election workers. Election workers are like out there. 270 00:14:45,880 --> 00:14:48,640 Speaker 1: Don't have time, do they have volunteered, They don't get paid. 271 00:14:48,680 --> 00:14:51,440 Speaker 1: This is like a public service. I really appreciate the 272 00:14:51,440 --> 00:14:53,840 Speaker 1: work these people do. They were there late at night 273 00:14:53,960 --> 00:14:57,200 Speaker 1: counting and one of them smother and daughter hands a 274 00:14:57,280 --> 00:15:01,600 Speaker 1: mint to the other one. Well Republican got video of 275 00:15:01,640 --> 00:15:04,680 Speaker 1: this and alleged rue Giuliani leading the way that they 276 00:15:04,680 --> 00:15:07,120 Speaker 1: were sharing us b's back and forth and said they 277 00:15:07,120 --> 00:15:11,240 Speaker 1: looked like drug dealers, passing vials of cocaine or crack 278 00:15:11,360 --> 00:15:13,920 Speaker 1: or something like heroin, I don't know, back and forth 279 00:15:14,320 --> 00:15:17,760 Speaker 1: and this just total and complete lie. And then this character, 280 00:15:17,840 --> 00:15:21,800 Speaker 1: this r Kelly Ye publicist character, apparently tricked one of 281 00:15:21,840 --> 00:15:24,680 Speaker 1: them to meeting up with him and then tried to 282 00:15:24,720 --> 00:15:27,400 Speaker 1: coerce them into confessing to crimes they didn't. It's just 283 00:15:27,440 --> 00:15:30,520 Speaker 1: complete insanity, and these women's lives have been destroyed because 284 00:15:30,560 --> 00:15:32,680 Speaker 1: of the scrutiny that they've gotten and the threats that 285 00:15:32,720 --> 00:15:35,520 Speaker 1: have come at them. So the ordinary people that got 286 00:15:35,520 --> 00:15:37,400 Speaker 1: caught up in this and the way that their lives 287 00:15:37,400 --> 00:15:39,280 Speaker 1: were impact, which was almost the most galling part of 288 00:15:39,280 --> 00:15:39,600 Speaker 1: it for me. 289 00:15:39,760 --> 00:15:42,920 Speaker 2: And don't forget that Rudy ended up in terms of 290 00:15:42,960 --> 00:15:46,200 Speaker 2: having to apologize or to admit that in the story he's. 291 00:15:46,080 --> 00:15:50,160 Speaker 1: Being sued for defamation, and he admitted that he lied 292 00:15:50,520 --> 00:15:52,600 Speaker 1: about this and that it was not true. Now he 293 00:15:52,720 --> 00:15:55,160 Speaker 1: still claims his only defense is like, oh, you weren't 294 00:15:55,160 --> 00:15:57,720 Speaker 1: actually harmed by it, Okay, okay, right. 295 00:15:57,640 --> 00:16:00,520 Speaker 2: But the actual allegation because I still see the crap 296 00:16:00,960 --> 00:16:01,840 Speaker 2: I said this yesterday. 297 00:16:01,880 --> 00:16:05,440 Speaker 3: I mean I see this stuff literally going everywhere. Even today. 298 00:16:05,480 --> 00:16:09,080 Speaker 2: You can go and search on Twitter like Fulton County videos, 299 00:16:09,080 --> 00:16:11,920 Speaker 2: and they're still focusing on these people claiming that it 300 00:16:11,960 --> 00:16:13,600 Speaker 2: is some sort of widespread fraud. 301 00:16:14,120 --> 00:16:15,080 Speaker 3: I have to come back to this. 302 00:16:15,160 --> 00:16:18,680 Speaker 2: It's like you lost every single suit in court, every audit, 303 00:16:18,800 --> 00:16:21,920 Speaker 2: not a single thing ever turned up anything. It's like, 304 00:16:22,160 --> 00:16:24,720 Speaker 2: when are you ever going to give up on this idea? 305 00:16:24,800 --> 00:16:27,520 Speaker 2: But the truth is is that it's all fake. And 306 00:16:27,680 --> 00:16:30,640 Speaker 2: you know they'll point to insinuations, which I admit, you 307 00:16:30,640 --> 00:16:32,800 Speaker 2: know they do sound crazy, like, what was the pipes 308 00:16:32,840 --> 00:16:34,280 Speaker 2: burst and they have to stop counting in the middle 309 00:16:34,320 --> 00:16:35,800 Speaker 2: of the night, even if you go back and you 310 00:16:35,800 --> 00:16:36,560 Speaker 2: want to roll the tape. 311 00:16:36,560 --> 00:16:37,920 Speaker 3: I even said at that time, I was like, what 312 00:16:38,240 --> 00:16:39,440 Speaker 3: the hell is going on in here? 313 00:16:39,560 --> 00:16:42,040 Speaker 2: I agree, I think it's crazy, but that doesn't mean 314 00:16:42,080 --> 00:16:44,520 Speaker 2: that it means it doesn't mean that they've been able 315 00:16:44,560 --> 00:16:47,360 Speaker 2: to prove any sort of widespread fraud as a result 316 00:16:47,360 --> 00:16:47,600 Speaker 2: of that. 317 00:16:47,720 --> 00:16:50,160 Speaker 1: The reality is, when you have an election that's taking 318 00:16:50,240 --> 00:16:53,640 Speaker 1: place and how many tons of thousands of jurisdictions across 319 00:16:53,640 --> 00:16:55,960 Speaker 1: the country, you're going to have some anomalist things occur 320 00:16:56,240 --> 00:16:58,320 Speaker 1: that people that can then point to and be like, aha, 321 00:16:58,360 --> 00:17:02,240 Speaker 1: there's the conspiracy. Really, you know, the odds of having 322 00:17:02,240 --> 00:17:06,040 Speaker 1: an election where there aren't weird you know, pipe breaks 323 00:17:06,080 --> 00:17:08,920 Speaker 1: in some office or whatever would be close to zero 324 00:17:09,000 --> 00:17:10,480 Speaker 1: because things just happen. 325 00:17:10,280 --> 00:17:12,400 Speaker 2: And I would be open to I'm like, okay, prove 326 00:17:12,440 --> 00:17:13,879 Speaker 2: it then you know what are you pointing to? 327 00:17:13,920 --> 00:17:15,720 Speaker 3: But literally all they can ever come back to. 328 00:17:15,840 --> 00:17:18,600 Speaker 2: Is like, oh, well, like this happened, and then eventually 329 00:17:18,640 --> 00:17:20,480 Speaker 2: it's like the state was close. I'm like, yeah, it's 330 00:17:20,480 --> 00:17:22,640 Speaker 2: been a close state. Guess what. It also happened again? 331 00:17:22,640 --> 00:17:25,720 Speaker 2: It's not actually not a novel phenomenon. Two Democrats won 332 00:17:25,880 --> 00:17:28,800 Speaker 2: state in the special election months later, and then. 333 00:17:28,640 --> 00:17:30,760 Speaker 3: What happened in twenty twenty two. 334 00:17:30,840 --> 00:17:33,679 Speaker 2: Look at some of that, and then people like Brian 335 00:17:33,760 --> 00:17:35,840 Speaker 2: Kemp and all of them actually won re election. So 336 00:17:36,200 --> 00:17:39,520 Speaker 2: clearly there is a genuine organic constituency. It's not actually 337 00:17:39,760 --> 00:17:42,840 Speaker 2: a mystery. So look, I mean, you know, Trump at 338 00:17:42,840 --> 00:17:45,720 Speaker 2: the funniest thing is like, with all this effort, if 339 00:17:45,720 --> 00:17:47,960 Speaker 2: he had just said, yeah, go mail in your votes, 340 00:17:48,080 --> 00:17:49,680 Speaker 2: he would have won Georgia and he probably would have 341 00:17:49,680 --> 00:17:52,560 Speaker 2: been president anyway. But it's his own damn fault, you know, 342 00:17:52,640 --> 00:17:54,840 Speaker 2: in the beginning. And then really, you know, a lot 343 00:17:54,920 --> 00:17:57,720 Speaker 2: of these people who worked on his behalf his aids, 344 00:17:58,080 --> 00:17:58,560 Speaker 2: you know, and all of. 345 00:17:58,560 --> 00:18:00,000 Speaker 3: Them they don't have executive privilege. 346 00:18:00,200 --> 00:18:02,600 Speaker 2: They don't have the same constitutional protections that the President 347 00:18:02,600 --> 00:18:04,240 Speaker 2: of the United States have. And a lot of these 348 00:18:04,240 --> 00:18:07,040 Speaker 2: people are facing some serious jail time even if they 349 00:18:07,040 --> 00:18:10,040 Speaker 2: do take a plea deal because of the minimum sentencing 350 00:18:10,080 --> 00:18:13,600 Speaker 2: requirements that the judge has to buy George Law abide 351 00:18:13,640 --> 00:18:16,520 Speaker 2: by should this ever come to that. So regardless, like 352 00:18:16,560 --> 00:18:18,600 Speaker 2: this is going to be a serious problem I think 353 00:18:18,600 --> 00:18:19,840 Speaker 2: for many of the people involved. 354 00:18:19,880 --> 00:18:22,800 Speaker 1: To give you the Trump side of things, his campaign 355 00:18:22,840 --> 00:18:25,800 Speaker 1: put on a statement they said, among other things, you know, 356 00:18:25,840 --> 00:18:28,040 Speaker 1: they go through chapter and verse of the Jack Smith 357 00:18:28,119 --> 00:18:31,280 Speaker 1: charges and the Alvin Bragg charges. They describe Fanny Willis 358 00:18:31,359 --> 00:18:34,600 Speaker 1: as a rabid partisan who was campaigning fundraising on a 359 00:18:34,600 --> 00:18:37,679 Speaker 1: platform of prosecuting President Trump through these bogus indictments. 360 00:18:38,240 --> 00:18:38,880 Speaker 4: They go on to. 361 00:18:38,840 --> 00:18:41,040 Speaker 1: Say they could have brought these charges two and a 362 00:18:41,040 --> 00:18:42,879 Speaker 1: half years ago, that they chose to do this for 363 00:18:42,920 --> 00:18:46,840 Speaker 1: election interference reasons in the middle of President Trump's successful campaign. 364 00:18:47,480 --> 00:18:50,680 Speaker 1: They go on to talk about free speech. They're taking 365 00:18:50,680 --> 00:18:52,840 Speaker 1: away President Trump's First Amendment right to free speech and 366 00:18:52,880 --> 00:18:55,040 Speaker 1: the right to challenge. Are rigged and stole an election 367 00:18:55,080 --> 00:18:57,600 Speaker 1: that Democrats do all the time. The ones who should 368 00:18:57,680 --> 00:19:01,680 Speaker 1: be prosecuted are the ones who created the corruption. Let's 369 00:19:01,680 --> 00:19:04,320 Speaker 1: also take a listen to Senator Lindsay Graham, of course, 370 00:19:04,359 --> 00:19:07,080 Speaker 1: has been an ally of Trump's in all of this, 371 00:19:07,920 --> 00:19:09,359 Speaker 1: defending him on Fox News. 372 00:19:09,359 --> 00:19:09,960 Speaker 4: Listake, listen. 373 00:19:10,119 --> 00:19:12,399 Speaker 6: He's spending more money on lawyer fees than he is 374 00:19:12,480 --> 00:19:15,960 Speaker 6: running for office. January the sixth, I was there. 375 00:19:16,040 --> 00:19:18,240 Speaker 7: I saw it. He was impeached over it. 376 00:19:18,560 --> 00:19:21,359 Speaker 6: The American people can decide whether they want him to 377 00:19:21,400 --> 00:19:23,760 Speaker 6: be president or not. This should be decided at the 378 00:19:23,800 --> 00:19:27,439 Speaker 6: ballot box, not a bunch of liberal jurisdictions trying to 379 00:19:27,440 --> 00:19:30,119 Speaker 6: put the man in jail. They're weaponizing the law in 380 00:19:30,160 --> 00:19:33,160 Speaker 6: this country. They're trying to take Donald Trump down, and 381 00:19:33,200 --> 00:19:34,760 Speaker 6: this is setting a bad president. 382 00:19:34,960 --> 00:19:38,800 Speaker 1: I think this is probably their best political argument in 383 00:19:38,920 --> 00:19:42,119 Speaker 1: case that Lindsay Graham is making there. It's one that 384 00:19:42,160 --> 00:19:44,639 Speaker 1: a lot of Americans agree with. They have qualms with 385 00:19:44,680 --> 00:19:47,520 Speaker 1: the timing. They do feel like the prosecutions are political. 386 00:19:48,200 --> 00:19:51,800 Speaker 1: The issue with this particular set of indictments is, unlike 387 00:19:51,840 --> 00:19:55,440 Speaker 1: the others, the political case doesn't really matter this one. 388 00:19:55,440 --> 00:19:57,800 Speaker 1: They're going to have to really make a legal case. 389 00:19:57,920 --> 00:19:59,560 Speaker 1: And we're going to bring an expert in. He can 390 00:19:59,600 --> 00:20:01,439 Speaker 1: tell us wrong if we're getting this, you know, if 391 00:20:01,480 --> 00:20:03,960 Speaker 1: we're off based on this. But I think he's got 392 00:20:03,960 --> 00:20:06,840 Speaker 1: a pretty tough uphill climb in terms of making a 393 00:20:07,080 --> 00:20:10,560 Speaker 1: legal case on these particular charges and soccer. The last 394 00:20:10,560 --> 00:20:12,879 Speaker 1: thing that I will say on all of this, and 395 00:20:12,920 --> 00:20:16,080 Speaker 1: then we'll bring in Bradley Moss, is one other way 396 00:20:16,119 --> 00:20:18,919 Speaker 1: that this is different is these this trial is going 397 00:20:18,960 --> 00:20:22,159 Speaker 1: to be on TV. Yes, So in terms of the 398 00:20:22,400 --> 00:20:25,680 Speaker 1: federal trials are unlikely to be on television. We're just 399 00:20:25,720 --> 00:20:27,520 Speaker 1: going to get the reports of whatever is happening in 400 00:20:27,600 --> 00:20:30,679 Speaker 1: the courtroom. This one is going to be a made 401 00:20:30,680 --> 00:20:33,400 Speaker 1: for TV event. It is going to be the Trump Show. 402 00:20:33,560 --> 00:20:35,880 Speaker 1: You know, we're used to presidential campaigns where you got 403 00:20:36,200 --> 00:20:39,720 Speaker 1: debates and rallies and that's the focus of attention. This 404 00:20:40,040 --> 00:20:42,520 Speaker 1: right here is what a lot of the campaign is 405 00:20:42,560 --> 00:20:44,040 Speaker 1: going to be focused around. 406 00:20:44,240 --> 00:20:44,920 Speaker 7: And it's going to. 407 00:20:44,840 --> 00:20:47,960 Speaker 1: Be because he's a stay charges. He can't pardon himself. 408 00:20:48,000 --> 00:20:50,000 Speaker 1: He's going to have to actually prove in the courtroom. 409 00:20:50,040 --> 00:20:51,320 Speaker 1: And I think it's going to be pretty tough. 410 00:20:51,560 --> 00:20:53,399 Speaker 2: Yeah, and it's going well. At least we'll all get 411 00:20:53,440 --> 00:20:55,479 Speaker 2: in a nice, good TV show about it. Let's go 412 00:20:55,520 --> 00:20:58,040 Speaker 2: ahead to Bradley Moss. We've got him on standby. Let's 413 00:20:58,040 --> 00:20:58,520 Speaker 2: get to it. 414 00:21:01,320 --> 00:21:03,800 Speaker 1: Very pleased to be joined now by Bradley Moss. He 415 00:21:03,880 --> 00:21:06,080 Speaker 1: of course is a national security lawyer, has helped us 416 00:21:06,080 --> 00:21:07,640 Speaker 1: out on a variety of these indictments. 417 00:21:07,640 --> 00:21:08,480 Speaker 4: Great to have you, Bradley. 418 00:21:08,560 --> 00:21:10,560 Speaker 7: Good she brod absolutely anytime. 419 00:21:11,000 --> 00:21:11,960 Speaker 4: Yeah, absolutely so. 420 00:21:12,920 --> 00:21:16,240 Speaker 1: Just give us your first reactions as you read through 421 00:21:16,359 --> 00:21:18,879 Speaker 1: this indictment. Took a look at all the charges against Trump, 422 00:21:18,920 --> 00:21:21,120 Speaker 1: and his eighteen co conspirators. 423 00:21:21,119 --> 00:21:24,280 Speaker 4: Here was this what you expected? What were some of 424 00:21:24,320 --> 00:21:25,560 Speaker 4: your big takeaways? 425 00:21:26,040 --> 00:21:31,080 Speaker 8: Yeah, first reaction, Wow, this was everyone and anyone tied 426 00:21:31,160 --> 00:21:34,639 Speaker 8: up in the Trump schemes in the later weeks of 427 00:21:34,760 --> 00:21:38,520 Speaker 8: twenty twenty and going in past his departure from office, 428 00:21:38,560 --> 00:21:40,120 Speaker 8: leading up into twenty s point when we were still 429 00:21:40,119 --> 00:21:45,160 Speaker 8: pressuring the Georgia officials to decertify the election. Somehow this 430 00:21:45,400 --> 00:21:48,480 Speaker 8: was the entire scheme of all the different lawyers he 431 00:21:48,640 --> 00:21:52,439 Speaker 8: managed to co opt into pushing these various criminal acts. 432 00:21:52,440 --> 00:21:56,280 Speaker 7: He's got Sidney Powell and her squad, you know, breaking into. 433 00:21:56,040 --> 00:21:59,560 Speaker 8: The Coffee County, you know, state's election systems and taking 434 00:21:59,640 --> 00:22:03,120 Speaker 8: ballot He's got Rudy Giuliani going before the state legislators 435 00:22:03,119 --> 00:22:06,480 Speaker 8: and talking to the Georgia state officials, pushing these what 436 00:22:06,560 --> 00:22:09,679 Speaker 8: he knew to be false claims about dead bodies pen 437 00:22:09,760 --> 00:22:12,919 Speaker 8: people voting, and all these missing ballots and the Ruby 438 00:22:12,960 --> 00:22:16,840 Speaker 8: Freeman nonsense that Rudy Giuliani is facing a several separate 439 00:22:17,119 --> 00:22:18,639 Speaker 8: defamation and lawsuit over. 440 00:22:19,000 --> 00:22:21,200 Speaker 7: He got Johnny's Been, he got Jeffrey Clark. 441 00:22:21,240 --> 00:22:24,639 Speaker 8: They're all tied up in this, and it's put in 442 00:22:24,720 --> 00:22:29,160 Speaker 8: the context of Rico because it was one overarching criminal conspiracy. 443 00:22:29,280 --> 00:22:32,920 Speaker 8: There were different people playing different roles, but under Rico, 444 00:22:33,000 --> 00:22:36,080 Speaker 8: they were all pushing towards one court, one core common goal, 445 00:22:36,240 --> 00:22:39,680 Speaker 8: which was to overturn the election, to reverse the results 446 00:22:39,960 --> 00:22:42,919 Speaker 8: what the American people, in their decision and their logic, 447 00:22:43,000 --> 00:22:45,280 Speaker 8: chose to do, which was to elect Joe Biden. And 448 00:22:45,320 --> 00:22:48,359 Speaker 8: Donald Trump could not accept that. He was willing to 449 00:22:48,400 --> 00:22:51,200 Speaker 8: look for anyone willing to push any garbage he could 450 00:22:51,520 --> 00:22:54,199 Speaker 8: to prevent that from happening. And now he and all 451 00:22:54,240 --> 00:22:56,440 Speaker 8: of them are going to be co defendants at least 452 00:22:56,440 --> 00:22:58,680 Speaker 8: for the moment in this proceeding. 453 00:22:59,280 --> 00:23:00,919 Speaker 2: So, Brad, I want to ask you something that we 454 00:23:01,040 --> 00:23:03,199 Speaker 2: got into a little bit last time, which is if 455 00:23:03,240 --> 00:23:05,760 Speaker 2: we want to we've gone and described the charges. Now 456 00:23:05,840 --> 00:23:09,399 Speaker 2: you've done a good job here, What possible avenues of 457 00:23:09,520 --> 00:23:11,400 Speaker 2: defense does Trump have here? 458 00:23:11,720 --> 00:23:13,240 Speaker 3: Because this seems difficult. 459 00:23:13,280 --> 00:23:16,080 Speaker 2: Last time we talked about free speech, but that's whenever 460 00:23:16,160 --> 00:23:17,320 Speaker 2: it's a federal context. 461 00:23:17,359 --> 00:23:19,520 Speaker 3: This is actual state election law. 462 00:23:19,600 --> 00:23:24,280 Speaker 2: So reading the indictment, what avenues defense does Trump himself 463 00:23:24,320 --> 00:23:27,159 Speaker 2: and even some of his alleged co conspirators. What do 464 00:23:27,200 --> 00:23:30,040 Speaker 2: they have against the charges that have been levied against them? 465 00:23:30,400 --> 00:23:32,240 Speaker 8: Some of the defenses will be similar to what we're 466 00:23:32,240 --> 00:23:34,240 Speaker 8: going to see Donald Trump bring at the federal level. 467 00:23:34,320 --> 00:23:35,960 Speaker 8: One of them is obviously going to be that free 468 00:23:35,960 --> 00:23:38,600 Speaker 8: speech angle we've talked about. He'll have both, you know, 469 00:23:38,720 --> 00:23:40,600 Speaker 8: a First Amendment right out of the US Constitution. He 470 00:23:40,600 --> 00:23:43,840 Speaker 8: will have his free speech rights under the Georgia State Constitution. 471 00:23:44,320 --> 00:23:46,959 Speaker 8: And there is the course, the intent element, whether or 472 00:23:47,080 --> 00:23:50,800 Speaker 8: not the DA Vannie Willis is able to prove the 473 00:23:50,920 --> 00:23:54,080 Speaker 8: various individuals intent that they knew these statements were false, 474 00:23:54,200 --> 00:23:57,920 Speaker 8: that Rudy Giuliani and Jenna Allis knew their factual allegations 475 00:23:57,960 --> 00:24:00,280 Speaker 8: that they were presenting to the state legislator, that they 476 00:24:00,280 --> 00:24:03,280 Speaker 8: we're preventing as are presenting to the Secretary of State 477 00:24:03,400 --> 00:24:04,679 Speaker 8: were in fact false. 478 00:24:04,720 --> 00:24:06,920 Speaker 7: That's going to be a factual burden she'll have to meet. 479 00:24:07,200 --> 00:24:09,720 Speaker 8: But if you readro the indictment, and we've seen some 480 00:24:09,760 --> 00:24:11,800 Speaker 8: of this from the January sixth committee, we've seen some 481 00:24:11,840 --> 00:24:15,040 Speaker 8: of this do Jack Smith's speaking indictment. We have extensive 482 00:24:15,080 --> 00:24:19,280 Speaker 8: documents the documentation already showing how much these individuals knew 483 00:24:19,320 --> 00:24:22,359 Speaker 8: these facts were false. They went hunting for anyone who 484 00:24:22,440 --> 00:24:25,399 Speaker 8: would tell them. Sure, you can make it but the 485 00:24:25,520 --> 00:24:27,359 Speaker 8: facts they knew were not accurate. 486 00:24:27,359 --> 00:24:28,800 Speaker 7: They knew they didn't have verification. 487 00:24:28,880 --> 00:24:31,479 Speaker 8: We have Rudy Giuliani saying we have lots of theories, 488 00:24:31,520 --> 00:24:34,679 Speaker 8: no evidence. We have John Eastman an emails saying the 489 00:24:34,720 --> 00:24:37,240 Speaker 8: complaint that Donald Trump spot to sign with these allegations. 490 00:24:37,280 --> 00:24:39,560 Speaker 8: Those allegations are false, and Donald Trump's been told they 491 00:24:39,600 --> 00:24:42,879 Speaker 8: are false. They put it down in writing, so we 492 00:24:43,040 --> 00:24:45,240 Speaker 8: know that they can meet that intent element. But that's 493 00:24:45,280 --> 00:24:47,000 Speaker 8: going to be an element of their defense. They're going 494 00:24:47,000 --> 00:24:49,440 Speaker 8: to try to poke holes in it. What I'm looking 495 00:24:49,440 --> 00:24:52,200 Speaker 8: for who starts making plea deals. We know some of 496 00:24:52,200 --> 00:24:54,320 Speaker 8: these people are on the peripheral side of it. You know, 497 00:24:54,359 --> 00:24:56,880 Speaker 8: think of Jenna Alis as the least exposure. For example, 498 00:24:57,200 --> 00:24:59,280 Speaker 8: Johnny ss Ben Jeff Clark had far more exposure on 499 00:24:59,320 --> 00:25:01,560 Speaker 8: the federal side. Look for them to start making plea 500 00:25:01,600 --> 00:25:03,800 Speaker 8: deals to try to get this off the table and 501 00:25:03,840 --> 00:25:06,600 Speaker 8: to cooperate to bring down the bigger fish, which is 502 00:25:06,680 --> 00:25:09,159 Speaker 8: Rudy Giuliani, Sidney Powell, and Donald Trump. 503 00:25:09,440 --> 00:25:09,800 Speaker 7: Got it. 504 00:25:09,880 --> 00:25:12,320 Speaker 1: So I have a bunch of potentially stupid questions, But 505 00:25:12,400 --> 00:25:14,919 Speaker 1: let me We've got you socially. Let me just ask you, so, 506 00:25:15,240 --> 00:25:17,600 Speaker 1: first of all, on the free speech part. Even when 507 00:25:17,680 --> 00:25:21,840 Speaker 1: it comes to Trump's call with Brad Raffensberger, can't they argue, 508 00:25:21,960 --> 00:25:24,080 Speaker 1: you know, this is just this is political speech, this 509 00:25:24,160 --> 00:25:25,960 Speaker 1: is free speech, and this is one of the pieces 510 00:25:25,960 --> 00:25:28,600 Speaker 1: that you know, that's a component of this indictment. 511 00:25:28,840 --> 00:25:31,080 Speaker 4: And the indictment goes through chapter and verse of you. 512 00:25:31,040 --> 00:25:33,679 Speaker 1: Know, Trump's tweets, which certainly seem like they would be 513 00:25:33,720 --> 00:25:36,480 Speaker 1: political speech, and emails that were sent, and phone calls 514 00:25:36,520 --> 00:25:38,800 Speaker 1: that were made, and think comments that were made of 515 00:25:38,840 --> 00:25:40,040 Speaker 1: press conferences, et cetera. 516 00:25:40,560 --> 00:25:43,320 Speaker 4: So where's the line between these are. 517 00:25:43,320 --> 00:25:45,240 Speaker 1: You know, things that the president is allowed to say 518 00:25:45,359 --> 00:25:48,000 Speaker 1: and things that are actually part of a criminal conspiracy. 519 00:25:48,080 --> 00:25:49,760 Speaker 7: Yes, so it's not a dumb question. It's a very 520 00:25:49,800 --> 00:25:50,200 Speaker 7: good question. 521 00:25:50,280 --> 00:25:53,159 Speaker 8: It's certainly going to be raised in pre trial motions, 522 00:25:53,160 --> 00:25:56,359 Speaker 8: both in Georgia and in the federal case. The distinction, 523 00:25:56,520 --> 00:25:59,600 Speaker 8: according to the Supreme Court in recent years, is that 524 00:25:59,680 --> 00:26:02,720 Speaker 8: free speech only goes so far until you are seeking 525 00:26:02,840 --> 00:26:06,280 Speaker 8: or commanding someone to themselves engaged in a criminal act. 526 00:26:06,600 --> 00:26:10,120 Speaker 8: That's what's being outlined here. For example, with the January 527 00:26:10,160 --> 00:26:12,879 Speaker 8: second call that he was trying to get Raffisberger to 528 00:26:12,920 --> 00:26:15,800 Speaker 8: do something Raffensberger could not do, and that Trump was 529 00:26:15,840 --> 00:26:18,760 Speaker 8: relying on information he knew to be false in order 530 00:26:18,800 --> 00:26:21,639 Speaker 8: to get Raffensberger to do it. Raffenisberger didn't have the 531 00:26:21,680 --> 00:26:24,320 Speaker 8: authority to decertify the election. He didn't have the authority 532 00:26:24,320 --> 00:26:26,800 Speaker 8: to throw out those votes or to just declare Trump 533 00:26:26,840 --> 00:26:30,240 Speaker 8: the winner. Same thing goes with his conversations with Jeff Clark. 534 00:26:30,520 --> 00:26:32,720 Speaker 8: He just wanted Jeff Clark to send this letter to 535 00:26:32,720 --> 00:26:35,600 Speaker 8: the Georgia officials saying the Just Department has concluded there 536 00:26:35,600 --> 00:26:39,120 Speaker 8: were irregularities, so go call a special session. They knew 537 00:26:39,160 --> 00:26:40,680 Speaker 8: they had just been told by the other White House 538 00:26:40,760 --> 00:26:43,640 Speaker 8: lawyers and by the DJ lawyers. None of that's true. 539 00:26:43,680 --> 00:26:46,080 Speaker 8: We found no such thing, but they were going to 540 00:26:46,119 --> 00:26:48,000 Speaker 8: try to ask the Georgia officials to do it. 541 00:26:48,119 --> 00:26:50,600 Speaker 7: Anyways. That's where the distinction comes. 542 00:26:50,880 --> 00:26:52,800 Speaker 8: You can use free speech to do a lot of 543 00:26:52,800 --> 00:26:54,880 Speaker 8: things in this country, but you can't use it as 544 00:26:54,880 --> 00:26:58,040 Speaker 8: a means to further a criminal conspiracy or to seek 545 00:26:58,119 --> 00:26:59,200 Speaker 8: other criminal acts to. 546 00:26:59,119 --> 00:27:00,000 Speaker 7: Be done for you. 547 00:27:00,359 --> 00:27:01,920 Speaker 2: One of the things I'm really hearing from you is 548 00:27:01,960 --> 00:27:04,960 Speaker 2: that they have to prove, basically beyond reasonable doubt that 549 00:27:05,080 --> 00:27:07,439 Speaker 2: he knew that these things were false when he was 550 00:27:07,440 --> 00:27:10,280 Speaker 2: doing them, and not just Trump, but almost all of 551 00:27:10,320 --> 00:27:13,639 Speaker 2: the co conspirators. Given you know, we've gone through some 552 00:27:13,680 --> 00:27:16,200 Speaker 2: of the evidence you laid out here about some of 553 00:27:16,240 --> 00:27:18,040 Speaker 2: the things that we're in writing, is do you think 554 00:27:18,080 --> 00:27:19,240 Speaker 2: that that is going to be enough? 555 00:27:19,359 --> 00:27:19,439 Speaker 7: Like? 556 00:27:19,680 --> 00:27:22,080 Speaker 2: Will they have to be able to prove what counter 557 00:27:22,119 --> 00:27:24,520 Speaker 2: case can Trump make to that? No, I didn't believe that, 558 00:27:24,640 --> 00:27:26,959 Speaker 2: or like that was alleged to me. But that, like 559 00:27:27,000 --> 00:27:29,119 Speaker 2: trying to prove somebody's state of mind, seems like a 560 00:27:29,200 --> 00:27:32,600 Speaker 2: very difficult task and able to be undermined by reasonable doubts. So, like, 561 00:27:32,640 --> 00:27:34,359 Speaker 2: to what burden do they have to rise to in 562 00:27:34,400 --> 00:27:35,000 Speaker 2: order to prove it? 563 00:27:35,560 --> 00:27:35,800 Speaker 7: Sure? 564 00:27:35,840 --> 00:27:39,119 Speaker 8: So, proving intent is always a difficult thing prosecutors have 565 00:27:39,160 --> 00:27:41,040 Speaker 8: to deal with every day because by and large, you 566 00:27:41,080 --> 00:27:43,160 Speaker 8: never truly know what's in someone's mind. 567 00:27:43,280 --> 00:27:44,600 Speaker 7: But let's be clear, you. 568 00:27:44,560 --> 00:27:48,160 Speaker 8: Can't use delusion as a defense. You can't say I'm 569 00:27:48,160 --> 00:27:51,239 Speaker 8: at deranged maniac. I always believe that you know the 570 00:27:51,280 --> 00:27:54,520 Speaker 8: water is blue, because that's what you know Elex Jones 571 00:27:54,560 --> 00:27:56,520 Speaker 8: put in it or someone you have to have some 572 00:27:56,720 --> 00:28:00,000 Speaker 8: basis for it, and they can provide to a journy. 573 00:28:00,200 --> 00:28:04,359 Speaker 8: The jury can infer based off various circumstantial evidence from witnesses, 574 00:28:04,440 --> 00:28:08,359 Speaker 8: from documentation, from emails, from texts, from any number of 575 00:28:08,760 --> 00:28:13,000 Speaker 8: witness testimony, what the person's actual state of mind was. 576 00:28:13,040 --> 00:28:13,880 Speaker 7: And that's going to be. 577 00:28:14,040 --> 00:28:16,560 Speaker 8: Very critical when it comes to Trump and Rudy and 578 00:28:16,600 --> 00:28:18,360 Speaker 8: Sidney Powell and people like that. 579 00:28:18,720 --> 00:28:19,600 Speaker 7: What they were told. 580 00:28:19,640 --> 00:28:22,560 Speaker 8: Donald Trump was told by everybody and their mother there 581 00:28:22,680 --> 00:28:24,879 Speaker 8: was no fraud. Everyone from the government told him it 582 00:28:24,880 --> 00:28:27,680 Speaker 8: didn't happen. Everyone from his campaign told him it didn't happen. 583 00:28:27,800 --> 00:28:29,639 Speaker 8: So in private, lawyers told him it didn't happen. So 584 00:28:29,680 --> 00:28:32,000 Speaker 8: he just kept seeking out someone who would say, I 585 00:28:32,040 --> 00:28:35,240 Speaker 8: can make an argument. They didn't have proof, but they could, 586 00:28:35,359 --> 00:28:39,040 Speaker 8: you know, throw out some crazy argument. Sidney Powell's lunatic affidavids, 587 00:28:39,200 --> 00:28:42,320 Speaker 8: which got her sanctioned by the way for using that garbage. 588 00:28:42,560 --> 00:28:44,560 Speaker 7: Those were what he was relying on. That's not going 589 00:28:44,600 --> 00:28:45,080 Speaker 7: to be enough. 590 00:28:45,520 --> 00:28:48,360 Speaker 4: Okay, okay, brat, How will this trial actually work? 591 00:28:48,400 --> 00:28:51,240 Speaker 1: This again falls in the category of, you know, potentially 592 00:28:51,280 --> 00:28:54,160 Speaker 1: stupid questions. Are they all part of the same trial? 593 00:28:54,280 --> 00:28:56,680 Speaker 1: Do they share a legal defense? Like, how do all 594 00:28:56,720 --> 00:29:01,640 Speaker 1: of these nineteen indicted individuals, how do they relate and 595 00:29:01,760 --> 00:29:03,720 Speaker 1: link up as this process moves forward? 596 00:29:04,440 --> 00:29:04,720 Speaker 7: Sure? 597 00:29:04,800 --> 00:29:04,880 Speaker 3: So? 598 00:29:05,040 --> 00:29:07,600 Speaker 8: Right now, because this was brought under the Georgia State rico. 599 00:29:07,680 --> 00:29:09,880 Speaker 8: They're all in one big case. There's going to be 600 00:29:09,880 --> 00:29:13,560 Speaker 8: one massive defense table with all the each defendant. 601 00:29:13,080 --> 00:29:15,320 Speaker 7: And their lawyers, and there's going to be the government 602 00:29:15,360 --> 00:29:16,160 Speaker 7: on the other side. 603 00:29:16,160 --> 00:29:17,440 Speaker 8: It's going to be like you think of when they 604 00:29:17,440 --> 00:29:20,680 Speaker 8: went after mob bosses and they're all there underlings. When 605 00:29:20,680 --> 00:29:23,240 Speaker 8: you see a gain trial, which Funni Wils has done 606 00:29:23,240 --> 00:29:25,800 Speaker 8: several of those, as well as when they went after 607 00:29:26,280 --> 00:29:29,320 Speaker 8: state educators in Georgia who were inflating scores and they 608 00:29:29,480 --> 00:29:32,240 Speaker 8: about eleven of them got indicted and convicted for that, it. 609 00:29:32,200 --> 00:29:33,320 Speaker 7: Would be one big trial. 610 00:29:33,520 --> 00:29:37,720 Speaker 8: Now individuals, individual defendants might try to sever themselves. I 611 00:29:37,760 --> 00:29:40,320 Speaker 8: would certainly look for that to be something. You'll also 612 00:29:40,440 --> 00:29:42,360 Speaker 8: have to wonder at what point, like I said before, 613 00:29:42,440 --> 00:29:43,920 Speaker 8: when would people start making clee deals. 614 00:29:43,960 --> 00:29:45,200 Speaker 7: When are some of the people on the. 615 00:29:45,160 --> 00:29:49,200 Speaker 8: Periphery who don't have endless resources and you know roups 616 00:29:49,200 --> 00:29:51,280 Speaker 8: who are willing to keep sending them money to fight 617 00:29:51,360 --> 00:29:54,120 Speaker 8: the man, When are they going to cut deals because 618 00:29:54,120 --> 00:29:56,400 Speaker 8: they can't afford the lawyers. And so that's going to 619 00:29:56,440 --> 00:29:58,760 Speaker 8: be what kind of shrinks down the pool. But in 620 00:29:58,800 --> 00:30:00,800 Speaker 8: the end, I wouldn't be surprised we get the trial, 621 00:30:01,240 --> 00:30:03,840 Speaker 8: it's Donald Trump and maybe seven or eight other people 622 00:30:03,920 --> 00:30:07,240 Speaker 8: with him at that defense table facing this prosecution. 623 00:30:07,880 --> 00:30:08,160 Speaker 7: Wow. 624 00:30:08,480 --> 00:30:08,800 Speaker 8: Sure. 625 00:30:09,080 --> 00:30:11,520 Speaker 1: The other thing I'm trying to, you know, quick become 626 00:30:11,680 --> 00:30:15,320 Speaker 1: a RICO expert here, as I'm sure many other commentators are. 627 00:30:16,640 --> 00:30:19,680 Speaker 1: How walk me through how this works legally because I'm 628 00:30:19,720 --> 00:30:21,320 Speaker 1: still having a little bit of trouble wrapping my head 629 00:30:21,360 --> 00:30:25,000 Speaker 1: around it. So, each one of these nineteen individuals is 630 00:30:25,680 --> 00:30:28,720 Speaker 1: charged under the Rico statute, and then they all have 631 00:30:28,920 --> 00:30:32,520 Speaker 1: additional charges. Trump has, you know, thirteen charges total, and 632 00:30:32,560 --> 00:30:34,400 Speaker 1: they have different number depending on who they were and 633 00:30:34,480 --> 00:30:35,480 Speaker 1: what their involvement were. 634 00:30:36,080 --> 00:30:39,600 Speaker 4: So to prove if you just prove. 635 00:30:39,640 --> 00:30:42,880 Speaker 1: That they're part of the criminal conspiracy, they're part of 636 00:30:43,080 --> 00:30:46,400 Speaker 1: you know, the criminal organization and the criminal conspiracy, but 637 00:30:46,480 --> 00:30:50,760 Speaker 1: you don't prove those other specific charges. Do they still 638 00:30:51,000 --> 00:30:52,360 Speaker 1: you know, are they still guilty? 639 00:30:52,440 --> 00:30:52,520 Speaker 8: Like? 640 00:30:52,640 --> 00:30:53,960 Speaker 4: How does that all work out? 641 00:30:54,040 --> 00:30:56,200 Speaker 1: Because I'm having trouble kind of wrapping my head around 642 00:30:56,240 --> 00:30:57,400 Speaker 1: exactly the mechanics of this. 643 00:30:58,120 --> 00:31:02,760 Speaker 8: Yes, So RICO is based a glorified conspiracy statue. It 644 00:31:02,800 --> 00:31:06,040 Speaker 8: requires that you obviously still be separately charged with at 645 00:31:06,120 --> 00:31:09,000 Speaker 8: least I believe two other crimes under state law in 646 00:31:09,080 --> 00:31:11,760 Speaker 8: terms of the Georgia State Rico statue. So if they 647 00:31:11,800 --> 00:31:15,600 Speaker 8: were to be found not guilty on the underlying offenses, 648 00:31:15,640 --> 00:31:19,280 Speaker 8: then their Georgia Rico charge would also fail. But the 649 00:31:19,360 --> 00:31:22,280 Speaker 8: reason to use Rico is when you have these different 650 00:31:22,400 --> 00:31:25,440 Speaker 8: components of a larger criminals can scheme all the larger 651 00:31:25,480 --> 00:31:29,440 Speaker 8: criminal scheme all going towards one common goal, and you 652 00:31:29,440 --> 00:31:32,800 Speaker 8: can bring it all into one giant case. That's why 653 00:31:32,800 --> 00:31:34,880 Speaker 8: it was originally created in the seventies and eighties, to 654 00:31:34,920 --> 00:31:37,640 Speaker 8: go after the mob, to bring down the families, bring 655 00:31:37,680 --> 00:31:39,360 Speaker 8: down the top bosses. 656 00:31:39,640 --> 00:31:40,280 Speaker 7: It's been used. 657 00:31:40,120 --> 00:31:42,480 Speaker 8: Against gang members, it's been used against any number of 658 00:31:42,680 --> 00:31:45,160 Speaker 8: what it can be considered criminal enterprises. 659 00:31:45,320 --> 00:31:46,920 Speaker 7: And that's why it's going to be used here. 660 00:31:46,960 --> 00:31:49,640 Speaker 8: And that's the biggest problem for Donald Trump is he's 661 00:31:49,680 --> 00:31:52,160 Speaker 8: caught up with all the people he co. 662 00:31:52,080 --> 00:31:54,200 Speaker 7: Opted to engage in this behavior and he's. 663 00:31:54,080 --> 00:31:55,640 Speaker 3: Stuck with them. 664 00:31:55,640 --> 00:31:58,800 Speaker 2: Well, we always appreciate your analysis, Brad, I always bring it. 665 00:31:58,840 --> 00:32:01,040 Speaker 2: So we appreciate you joining us this morning, and it's 666 00:32:01,080 --> 00:32:01,760 Speaker 2: been very helpful. 667 00:32:02,240 --> 00:32:03,120 Speaker 7: Absolutely anytime. 668 00:32:03,440 --> 00:32:05,080 Speaker 3: Thanks bad I'll see you guys later. 669 00:32:18,640 --> 00:32:18,680 Speaker 8: M