1 00:00:00,080 --> 00:00:03,320 Speaker 1: Welcome to today's edition of The Clay Travis and Buck 2 00:00:03,360 --> 00:00:08,039 Speaker 1: Sexton Show podcast. Welcome friends to the Wednesday edition of 3 00:00:08,039 --> 00:00:12,520 Speaker 1: The Clay Travis and Buck Sexton Show. So you probably 4 00:00:12,560 --> 00:00:17,360 Speaker 1: saw it last night, President Trump responding to his indictment 5 00:00:17,480 --> 00:00:23,720 Speaker 1: at Moralago. The indictment itself is out. We will be 6 00:00:23,800 --> 00:00:27,720 Speaker 1: analyzing what he said in the speech, and of course 7 00:00:27,880 --> 00:00:32,080 Speaker 1: the indictment itself, which is every bit as preposterous and 8 00:00:32,200 --> 00:00:35,360 Speaker 1: perhaps even a little bit more so than we had 9 00:00:35,400 --> 00:00:38,800 Speaker 1: been telling you. It certainly shows us that all the 10 00:00:38,840 --> 00:00:44,440 Speaker 1: analysis about Bragg as a person who has really undermined 11 00:00:44,479 --> 00:00:47,080 Speaker 1: our justice system and is using the powers that he 12 00:00:47,159 --> 00:00:51,639 Speaker 1: has for illicit political purpose, it's all true. So we'll 13 00:00:51,680 --> 00:00:54,040 Speaker 1: talk about the Trump indictment. It's out. We read it 14 00:00:54,080 --> 00:00:56,960 Speaker 1: wasn't really that, you know, It's really one page written 15 00:00:57,000 --> 00:01:01,279 Speaker 1: sixteen times, which which we'll get into rights. Infinitely weaker 16 00:01:01,320 --> 00:01:05,480 Speaker 1: Buck than I think even the most ardent Trump supporter 17 00:01:05,560 --> 00:01:07,920 Speaker 1: would have hoped, really, because I feel like it was 18 00:01:07,959 --> 00:01:09,720 Speaker 1: exactly where we were told it was going to be. 19 00:01:09,760 --> 00:01:14,240 Speaker 1: One charge. Yeah, I just I guess maybe this is 20 00:01:14,480 --> 00:01:16,200 Speaker 1: when I said on the show, I felt like they 21 00:01:16,240 --> 00:01:20,080 Speaker 1: were holding something back to try to have somebody be 22 00:01:20,160 --> 00:01:21,920 Speaker 1: able to grab a hold of it, and it just 23 00:01:22,000 --> 00:01:25,920 Speaker 1: wasn't there. You were giving Bragg, the district attorney of 24 00:01:25,959 --> 00:01:29,800 Speaker 1: the biggest city in America, credit for not being a 25 00:01:29,800 --> 00:01:33,680 Speaker 1: complete loon, I mean, a total lunatic, and he doesn't 26 00:01:33,680 --> 00:01:36,240 Speaker 1: deserve that credit. Gave him too, d I mean, I did. 27 00:01:36,280 --> 00:01:39,920 Speaker 1: I thought there's no way that he's just gonna ride 28 00:01:40,000 --> 00:01:43,720 Speaker 1: or die with a porn star payment that he's going 29 00:01:43,760 --> 00:01:46,959 Speaker 1: to charge thirty four different times. I mean, man, he did. 30 00:01:47,120 --> 00:01:49,600 Speaker 1: And so I think it's the biggest gift to Donald 31 00:01:49,600 --> 00:01:52,280 Speaker 1: Trump maybe in his political career. We're gonna get into 32 00:01:52,320 --> 00:01:55,240 Speaker 1: that here momentarily. Also, we have Andy McCarthy with us 33 00:01:55,360 --> 00:01:58,160 Speaker 1: at the bottom of the hour, so we'll be talking 34 00:01:58,160 --> 00:02:01,280 Speaker 1: to him about it and a couple of other big 35 00:02:01,280 --> 00:02:03,520 Speaker 1: news items, though we're definitely going to spend some time 36 00:02:03,520 --> 00:02:05,120 Speaker 1: on them today. So I want to be clear that 37 00:02:05,160 --> 00:02:07,600 Speaker 1: this isn't just going to be three hours of analysis 38 00:02:07,600 --> 00:02:11,800 Speaker 1: of the Trump indictment. We had two major and and 39 00:02:11,960 --> 00:02:18,799 Speaker 1: unfortunately very disappointing elections, you know, midyear off cycle elections 40 00:02:18,840 --> 00:02:21,680 Speaker 1: that that happened here, you know, not in the congressional cycle, 41 00:02:21,760 --> 00:02:26,600 Speaker 1: not enough presidential. You have the mayor of Chicago has 42 00:02:26,600 --> 00:02:31,280 Speaker 1: been elected, and it is not. It is not the 43 00:02:31,400 --> 00:02:36,720 Speaker 1: law and order candidate Vallis Paul Vallas. Brandon Johnson is 44 00:02:36,760 --> 00:02:40,840 Speaker 1: now the new mayor of Chicago, the Windy City. He 45 00:02:40,960 --> 00:02:44,440 Speaker 1: is a progressive, He's a socialist. He thinks that by 46 00:02:44,520 --> 00:02:48,239 Speaker 1: creating more jobs, they'll be less crime. It's I saw 47 00:02:48,280 --> 00:02:50,560 Speaker 1: your tweet, Clay. I think we will spend more time 48 00:02:50,600 --> 00:02:53,000 Speaker 1: on this and how this, How did he win? What 49 00:02:53,200 --> 00:02:55,200 Speaker 1: is wrong with the people of Chicago who voted for 50 00:02:55,200 --> 00:02:58,079 Speaker 1: this guy? But get out of Chicago, as your tweet, 51 00:02:58,120 --> 00:03:00,440 Speaker 1: and to a lot of people, I think, unfortunately, that 52 00:03:00,639 --> 00:03:02,880 Speaker 1: is the message. That is the message they should be 53 00:03:02,919 --> 00:03:05,880 Speaker 1: hearing right now. If you are in Chicago and you 54 00:03:05,919 --> 00:03:08,520 Speaker 1: have the ability to leave, that is, you have the 55 00:03:08,560 --> 00:03:11,359 Speaker 1: financial resources, you can do your job remotely. I would 56 00:03:11,400 --> 00:03:14,320 Speaker 1: leave Chicago. And I don't say that lightly. And I'm 57 00:03:14,360 --> 00:03:16,880 Speaker 1: saying that as a father of three. We know what 58 00:03:16,960 --> 00:03:19,720 Speaker 1: the crime rate is in Chicago. As bad as Lorie 59 00:03:19,800 --> 00:03:22,760 Speaker 1: Lightfoot was, and I think arguably buck she was the 60 00:03:22,800 --> 00:03:26,000 Speaker 1: worst mayor in America. Chicago may have picked a worse 61 00:03:26,320 --> 00:03:29,600 Speaker 1: replacement for her than Lorie Lightfoot herself. And one thing 62 00:03:29,680 --> 00:03:32,720 Speaker 1: that's very very true that I think we've seen a 63 00:03:32,760 --> 00:03:35,920 Speaker 1: lot in the last few years with COVID and BLM 64 00:03:36,040 --> 00:03:38,520 Speaker 1: riots and all these things that have gone on. You 65 00:03:38,680 --> 00:03:42,200 Speaker 1: really are you're really casting your ballot in two ways 66 00:03:42,400 --> 00:03:46,360 Speaker 1: as an American. Who you vote for and who you 67 00:03:46,440 --> 00:03:50,200 Speaker 1: pay taxes to. The one thing that gets the attention 68 00:03:50,240 --> 00:03:52,320 Speaker 1: of these big cities, whether it's you know, New York 69 00:03:52,400 --> 00:03:56,680 Speaker 1: or Chicago or LA or whatever, is oh my gosh, 70 00:03:56,680 --> 00:03:58,560 Speaker 1: we have a giant hole in our budget, and our 71 00:03:58,600 --> 00:04:01,240 Speaker 1: socialist budget assist them that we've got going here and 72 00:04:01,280 --> 00:04:04,360 Speaker 1: we can't continue. So it matters you vote with your 73 00:04:04,400 --> 00:04:07,160 Speaker 1: feet as well as with the ballot. And I've done 74 00:04:07,200 --> 00:04:09,920 Speaker 1: that buck in my own life. I'm born and raised, 75 00:04:09,920 --> 00:04:13,080 Speaker 1: for those of you who know in Nashville, Tennessee, that 76 00:04:13,200 --> 00:04:17,960 Speaker 1: is Davidson County. I am so furious with how Davidson 77 00:04:18,000 --> 00:04:22,599 Speaker 1: County responded to COVID that I don't think I'll ever 78 00:04:22,680 --> 00:04:24,720 Speaker 1: live in Davidson County for the rest of my life. 79 00:04:24,800 --> 00:04:28,080 Speaker 1: Where downtown Nashville is. I live in Williamson County. Those 80 00:04:28,120 --> 00:04:30,880 Speaker 1: of you know the area of Franklin Brentwood just south 81 00:04:30,920 --> 00:04:34,159 Speaker 1: of town. I don't think I'll ever own a home 82 00:04:34,320 --> 00:04:37,800 Speaker 1: pay property taxes in Davidson County again for the rest 83 00:04:37,839 --> 00:04:40,120 Speaker 1: of my life. Born and raised in that county, lived 84 00:04:40,120 --> 00:04:42,760 Speaker 1: in it until about eight years ago when we moved 85 00:04:42,760 --> 00:04:45,760 Speaker 1: out with the birth of our third son, and I 86 00:04:45,800 --> 00:04:48,080 Speaker 1: don't know that I'll ever live in Davidson County again. 87 00:04:48,120 --> 00:04:50,200 Speaker 1: Now I own some property there, and certainly I go 88 00:04:50,279 --> 00:04:53,159 Speaker 1: back and forth as anybody would who lives close to 89 00:04:53,200 --> 00:04:56,839 Speaker 1: a city. But I'm so thoroughly disgusted with their management 90 00:04:56,839 --> 00:04:58,320 Speaker 1: of COVID that I don't want to endorse it in 91 00:04:58,279 --> 00:05:01,440 Speaker 1: any way. I also, so we have Chicago, We're going 92 00:05:01,480 --> 00:05:04,240 Speaker 1: to analyze a little bit more about what happened in 93 00:05:04,279 --> 00:05:07,839 Speaker 1: that it was very tight. It was fifty one forty 94 00:05:07,880 --> 00:05:12,640 Speaker 1: nine in the percentage points breakdown between Johnson, the progressive 95 00:05:12,640 --> 00:05:16,400 Speaker 1: who won, and Vallis, who was just It's funny Johnson 96 00:05:16,480 --> 00:05:19,080 Speaker 1: was making Valis seemed like a right wing guy, which 97 00:05:19,160 --> 00:05:22,760 Speaker 1: is just further clarification that to say we're going through 98 00:05:22,800 --> 00:05:25,719 Speaker 1: lock up violent criminals and try to make people safer 99 00:05:25,800 --> 00:05:28,920 Speaker 1: on the streets is a right wing position. Now that 100 00:05:29,080 --> 00:05:31,080 Speaker 1: it doesn't matter if you're a Democrat. If you're a 101 00:05:31,120 --> 00:05:32,880 Speaker 1: Democrat who says I don't think you should have to 102 00:05:32,920 --> 00:05:35,440 Speaker 1: get arrested, one hundred times before you do real time. 103 00:05:35,680 --> 00:05:38,080 Speaker 1: I don't think we should let convicted felons who get 104 00:05:38,080 --> 00:05:40,240 Speaker 1: caught with loaded handguns on the streets of our cities 105 00:05:40,279 --> 00:05:43,800 Speaker 1: go because social justice. If you take that position, you 106 00:05:43,839 --> 00:05:47,080 Speaker 1: can lose to somebody who says you're a right winger. 107 00:05:47,279 --> 00:05:49,840 Speaker 1: And that is what happened in Chicago in summary. But 108 00:05:49,880 --> 00:05:52,560 Speaker 1: the other thing that came in last night, and this 109 00:05:52,640 --> 00:05:55,240 Speaker 1: is look, this is a wake up call everybody. It's 110 00:05:55,240 --> 00:05:58,920 Speaker 1: a wake up call the same way that what happened 111 00:05:58,960 --> 00:06:02,560 Speaker 1: in twenty twenty two with the ballot harvesting and the 112 00:06:02,640 --> 00:06:05,599 Speaker 1: realities of the close races that we saw places like 113 00:06:05,640 --> 00:06:09,479 Speaker 1: Arizona and Georgia. Remember, we were saying, guys, we got 114 00:06:09,480 --> 00:06:11,159 Speaker 1: to get the machines in place here to do what 115 00:06:11,200 --> 00:06:13,360 Speaker 1: they're doing. A little bit of pushback, which I can 116 00:06:13,440 --> 00:06:16,080 Speaker 1: understand from some people on the right. Now, Trump says 117 00:06:16,560 --> 00:06:18,280 Speaker 1: you're gonna lose if you don't do that, because he's 118 00:06:18,279 --> 00:06:20,159 Speaker 1: seen the numbers. The data is very clear on this. 119 00:06:20,200 --> 00:06:23,919 Speaker 1: All right. We just lost a We just lost not 120 00:06:24,040 --> 00:06:29,440 Speaker 1: only a seat on the Wisconsin Supreme Court, but we 121 00:06:29,640 --> 00:06:34,920 Speaker 1: lost overall control of the Wisconsin Supreme Court. And this 122 00:06:35,000 --> 00:06:37,560 Speaker 1: is the first time Libs have had a majority on 123 00:06:37,600 --> 00:06:41,200 Speaker 1: that court for fifteen years, Clay, and it's a big 124 00:06:41,240 --> 00:06:45,920 Speaker 1: deal because now they're gonna ramp everything they can do 125 00:06:46,080 --> 00:06:50,240 Speaker 1: in that critical battleground state that will help a Democrat 126 00:06:50,279 --> 00:06:53,240 Speaker 1: in twenty twenty four. They're going to ram it through 127 00:06:53,960 --> 00:06:58,240 Speaker 1: and Gop sleep at the wheel on this one. For 128 00:06:58,360 --> 00:07:02,760 Speaker 1: I don't know what else to say. Outspan dramatically, outorganized, dramatically. 129 00:07:03,279 --> 00:07:05,800 Speaker 1: So do we want to learn battleground state? How is 130 00:07:05,800 --> 00:07:09,000 Speaker 1: this not even on the radar of major activists and 131 00:07:10,520 --> 00:07:15,280 Speaker 1: national level Republicans. Democrats are better at elections right now. 132 00:07:16,280 --> 00:07:19,040 Speaker 1: I think you just have to accept that they are 133 00:07:19,080 --> 00:07:22,880 Speaker 1: better at getting their votes out. They're more strategic, they 134 00:07:22,880 --> 00:07:28,240 Speaker 1: are more cutthroat, they want to win more than Republicans do. 135 00:07:29,000 --> 00:07:31,600 Speaker 1: And I think that's hard for people out there to understand. 136 00:07:31,640 --> 00:07:36,119 Speaker 1: But when you look overall at the record, basically over 137 00:07:36,240 --> 00:07:39,679 Speaker 1: what buck the last five six years, since twenty sixteen, 138 00:07:40,240 --> 00:07:42,760 Speaker 1: what can you point to and say, man, Republicans have 139 00:07:42,880 --> 00:07:46,720 Speaker 1: run an incredible campaign and really kicked ass. I mean, 140 00:07:46,720 --> 00:07:49,240 Speaker 1: we just had Joe Biden's the worst president in any 141 00:07:49,280 --> 00:07:52,440 Speaker 1: of our lives, and we barely took back the House, 142 00:07:52,680 --> 00:07:55,000 Speaker 1: and we were not able to take control of the Senate. 143 00:07:55,040 --> 00:07:56,760 Speaker 1: In fact, we've lost a seat. If you look at 144 00:07:56,800 --> 00:08:00,440 Speaker 1: John Fetterman, there's no Republican equivalent of John Fetterman. Dude 145 00:08:00,480 --> 00:08:03,520 Speaker 1: who can get elected to statewide office, can't even speak, 146 00:08:03,840 --> 00:08:07,880 Speaker 1: immediately checks himself into a hospital, looks like Uncle Fester. 147 00:08:08,600 --> 00:08:12,480 Speaker 1: They are committed to their ideas in a way that Republicans, frankly, 148 00:08:12,520 --> 00:08:15,560 Speaker 1: you're not. They're far more strategic, they're far more devious. 149 00:08:15,600 --> 00:08:18,640 Speaker 1: They're winning. Let's look at I mean, you raised, where 150 00:08:18,640 --> 00:08:22,720 Speaker 1: have we had a real bright spot, meaning a meaningful 151 00:08:22,760 --> 00:08:28,760 Speaker 1: election in a highly contested election where it really came 152 00:08:28,840 --> 00:08:33,400 Speaker 1: down to organizing ground game. Messaging is obviously always important, 153 00:08:33,640 --> 00:08:37,280 Speaker 1: But where the Republican showed us how it's done. And 154 00:08:37,320 --> 00:08:40,200 Speaker 1: there have been a few of those cases. Let's let's 155 00:08:40,240 --> 00:08:43,200 Speaker 1: give full credit to first and foremost on this list 156 00:08:43,240 --> 00:08:46,640 Speaker 1: of governors, Governor Rond Santisa, Florida. We were there in 157 00:08:46,720 --> 00:08:49,840 Speaker 1: election night, ran up the scoreboard in a way that 158 00:08:50,080 --> 00:08:52,400 Speaker 1: it was almost it was hard to say it out 159 00:08:52,440 --> 00:08:55,400 Speaker 1: loud because you thought you were going to be made 160 00:08:55,440 --> 00:08:57,439 Speaker 1: fun of because the number couldn't have been right. That 161 00:08:57,520 --> 00:08:58,880 Speaker 1: was how I felt like, no way he could have 162 00:08:58,920 --> 00:09:03,880 Speaker 1: won by that many poor he did so that was enormous. 163 00:09:04,440 --> 00:09:07,640 Speaker 1: Governor Glenn Yunkin of Virginia, how did he win? Yeah, 164 00:09:07,640 --> 00:09:09,560 Speaker 1: I should I should have put him in twenty one. 165 00:09:09,640 --> 00:09:11,640 Speaker 1: That's probably the last And what I mean when I'm 166 00:09:11,640 --> 00:09:16,080 Speaker 1: saying I'm impressed by Descantis and look and Brian Kemp 167 00:09:16,080 --> 00:09:20,439 Speaker 1: and Georgia. They won big victories. Glenn Yunkin, I would say, 168 00:09:20,480 --> 00:09:22,840 Speaker 1: Buck is the last time, the only time maybe in 169 00:09:22,840 --> 00:09:25,840 Speaker 1: the last six years where in an election that you 170 00:09:25,880 --> 00:09:29,800 Speaker 1: didn't anticipate Republicans winning, a Republican found a way to 171 00:09:29,840 --> 00:09:32,400 Speaker 1: win and and did it in a way that everybody 172 00:09:32,480 --> 00:09:35,000 Speaker 1: was like, wow, thank you. The Descantists win was so 173 00:09:35,120 --> 00:09:41,600 Speaker 1: total that that is noteworthy, right, Yunkin was a huge 174 00:09:41,640 --> 00:09:44,640 Speaker 1: shot across the bout a Democrat. Yes. Your point about Kemp, 175 00:09:44,679 --> 00:09:48,000 Speaker 1: I think is interesting too, because it's worth remembering. I 176 00:09:48,040 --> 00:09:50,600 Speaker 1: don't think anybody, I don't even think Kemp believes he's 177 00:09:50,600 --> 00:09:54,560 Speaker 1: a national level guy, as in presidential race guy. But 178 00:09:54,679 --> 00:09:56,960 Speaker 1: he's a good candidate for the state of Georgia. The 179 00:09:57,000 --> 00:10:00,160 Speaker 1: people of Georgia like him. He understands the system, he 180 00:10:00,240 --> 00:10:03,000 Speaker 1: understands his state, and that's something else that I think, 181 00:10:03,000 --> 00:10:04,760 Speaker 1: you know, we it's very easy for these some of 182 00:10:04,840 --> 00:10:08,440 Speaker 1: these Republicans to oh, they have national level name recognition, 183 00:10:08,600 --> 00:10:10,960 Speaker 1: or they were famous, or they're connected to, you know, 184 00:10:11,000 --> 00:10:15,640 Speaker 1: somebody big. Is this person a good candidate for that state? 185 00:10:16,440 --> 00:10:18,520 Speaker 1: You know? And that's something that I think we lose 186 00:10:18,559 --> 00:10:20,920 Speaker 1: sight of, especially on the media side. Sometimes. If I 187 00:10:21,000 --> 00:10:23,960 Speaker 1: were running for president and I were the nominee as 188 00:10:23,960 --> 00:10:26,679 Speaker 1: a Republican, I think I would pick Brian Kemp as 189 00:10:26,720 --> 00:10:30,240 Speaker 1: my VP. I don't think Trump's going to do it. 190 00:10:30,360 --> 00:10:33,080 Speaker 1: Maybe if Deciantists were the nominee, he would consider it. 191 00:10:33,160 --> 00:10:36,680 Speaker 1: And the reason why Buck is complete strategy, Yeah delivered. 192 00:10:36,679 --> 00:10:40,520 Speaker 1: George would guarantee Georgia is, in my opinion, coming back 193 00:10:40,520 --> 00:10:43,000 Speaker 1: into the Red camp. He beat Stacy Aberns by seven 194 00:10:43,040 --> 00:10:46,280 Speaker 1: and a half points. Usually the VP doesn't matter that much, 195 00:10:46,280 --> 00:10:49,120 Speaker 1: but if you look at Trump, that was an eleven 196 00:10:49,200 --> 00:10:53,400 Speaker 1: or twelve thousand vote difference. I think Brian Kemp, given 197 00:10:53,400 --> 00:10:56,240 Speaker 1: how popular he is, would put Georgia back into the 198 00:10:56,280 --> 00:10:58,960 Speaker 1: Republican camp. And I think, look, some of those numbers 199 00:10:58,960 --> 00:11:03,000 Speaker 1: on Glenn Junkin are still pretty extraordinary. If you truly 200 00:11:03,160 --> 00:11:08,280 Speaker 1: thought that you could put Virginia in play, then Glenn 201 00:11:08,320 --> 00:11:10,720 Speaker 1: Yuncan as a vice presidential candidate would make a lot 202 00:11:10,760 --> 00:11:13,000 Speaker 1: of sense. My concern with Trump if he's a nominee 203 00:11:13,000 --> 00:11:15,240 Speaker 1: buck is he's just gonna pick And I'm not trying 204 00:11:15,240 --> 00:11:18,040 Speaker 1: to take a shot here, Nicky Haley or Tim Scott 205 00:11:18,160 --> 00:11:23,480 Speaker 1: or Christy Noam, somebody who's already in even maybe Carrie Lake, 206 00:11:23,520 --> 00:11:26,920 Speaker 1: who I love, Somebody who is in a state either 207 00:11:27,000 --> 00:11:30,640 Speaker 1: that is already read or it does not have necessarily 208 00:11:30,720 --> 00:11:33,640 Speaker 1: the pull to flip a state. Here's the you know, 209 00:11:33,679 --> 00:11:37,640 Speaker 1: the challenge that we face so Wisconsin. Um, I just 210 00:11:37,679 --> 00:11:39,440 Speaker 1: want to say these lessons and then Clay, we do 211 00:11:39,559 --> 00:11:41,840 Speaker 1: have to do You realize that for the media with 212 00:11:41,880 --> 00:11:43,480 Speaker 1: the Trump we're about to get into this with Andy 213 00:11:43,559 --> 00:11:46,360 Speaker 1: McCarthy in detail everybody about the indictment about what Trump 214 00:11:46,440 --> 00:11:48,160 Speaker 1: said last night. That's coming up here in a minute. 215 00:11:48,720 --> 00:11:52,160 Speaker 1: But it was solemn for the media where we got 216 00:11:52,160 --> 00:11:54,160 Speaker 1: to come back in this. They were just like, oh, 217 00:11:53,720 --> 00:11:58,120 Speaker 1: it is a sad day for I mean, Miko was 218 00:11:58,280 --> 00:12:00,240 Speaker 1: she had like a fan out and she was, Gosh, 219 00:12:00,840 --> 00:12:03,640 Speaker 1: it's getting crazy out here over on Morning Joe. It's 220 00:12:03,679 --> 00:12:07,160 Speaker 1: so funny anyway, all of the Chicago race, and I 221 00:12:07,200 --> 00:12:09,480 Speaker 1: think that we have to Look at the markers here, 222 00:12:09,559 --> 00:12:13,920 Speaker 1: look at the early indicators. The Chicago race shows you 223 00:12:14,679 --> 00:12:21,840 Speaker 1: that Democrats are are capable of voting for policies that 224 00:12:21,920 --> 00:12:25,120 Speaker 1: are quite literally putting them at physical risk. They just 225 00:12:25,360 --> 00:12:29,880 Speaker 1: they're so ideologically devoted. So don't think, oh, this place 226 00:12:30,000 --> 00:12:32,960 Speaker 1: or this state has suffered so much that there are 227 00:12:32,960 --> 00:12:35,160 Speaker 1: going to be Democrats who don't turn out or no 228 00:12:35,440 --> 00:12:39,120 Speaker 1: Democrat turnout, and pretty much everywhere is effectively guaranteed. That's 229 00:12:39,120 --> 00:12:41,800 Speaker 1: what we're up against. It's guaranteed. Obviously Chicago was Democrat 230 00:12:41,880 --> 00:12:44,079 Speaker 1: versus Democrat, but it just goes to show you their 231 00:12:44,160 --> 00:12:48,679 Speaker 1: tolerance for bad policies, I think is way more than 232 00:12:48,760 --> 00:12:50,840 Speaker 1: people realize. So don't expect them to say, oh, well, 233 00:12:50,840 --> 00:12:53,720 Speaker 1: they're doing a terrible job. Look at Gavin Newsom in California. 234 00:12:53,760 --> 00:12:55,800 Speaker 1: The tons of examples of this. And then the other 235 00:12:55,840 --> 00:13:00,880 Speaker 1: thing is the ground game and the election architecture before 236 00:13:01,160 --> 00:13:05,600 Speaker 1: election day matters. And what just happened in Wisconsin as 237 00:13:05,640 --> 00:13:09,400 Speaker 1: we failed to focus enough on that election. Kelly was 238 00:13:09,440 --> 00:13:12,760 Speaker 1: a very strong candidate. Daniel Kelly should have won that 239 00:13:12,760 --> 00:13:16,560 Speaker 1: Supreme Court seat, state Supreme Court seat. And what now 240 00:13:16,600 --> 00:13:19,200 Speaker 1: happens is we're behind the eight ball. Now we're going 241 00:13:19,200 --> 00:13:22,880 Speaker 1: into Wisconsin twenty twenty four with Democrats going to change 242 00:13:22,880 --> 00:13:25,560 Speaker 1: the structure of the election and every way they possibly can. 243 00:13:25,559 --> 00:13:31,960 Speaker 1: And what was the twenty twenty twenty thousand This stuff matters. 244 00:13:32,280 --> 00:13:35,160 Speaker 1: And Ron Johnson, our buddy, won by I think twenty 245 00:13:35,200 --> 00:13:39,600 Speaker 1: six thousand votes roughly in Wisconsin for the Senate race 246 00:13:39,679 --> 00:13:42,440 Speaker 1: that just took place in twenty twenty two. So I 247 00:13:42,440 --> 00:13:48,160 Speaker 1: mean we're talking about absolute margin, tiny difference between victory 248 00:13:48,200 --> 00:13:52,520 Speaker 1: and defeat, and Democrats have added a you know, pretty 249 00:13:52,559 --> 00:13:55,319 Speaker 1: substantial chess piece to their board. We'll come back. We'll 250 00:13:55,360 --> 00:13:59,880 Speaker 1: come back to this. Janet proto Sawitz is the new 251 00:14:00,240 --> 00:14:04,720 Speaker 1: Supreme Court justice in Wisconsin. Will come back that later on. 252 00:14:04,760 --> 00:14:06,160 Speaker 1: But I mean, Clay, we've got to come back in 253 00:14:06,200 --> 00:14:08,839 Speaker 1: a moment here too. The media, I mean, they were 254 00:14:08,880 --> 00:14:11,439 Speaker 1: in mourning. It was so sad for them to see Trump. 255 00:14:11,760 --> 00:14:13,679 Speaker 1: It's hilarious that that's what they went with. But that's 256 00:14:13,679 --> 00:14:15,640 Speaker 1: what they did. We'll play it for me. We come 257 00:14:15,640 --> 00:14:18,440 Speaker 1: back in the meantime. Taking care of your family. I 258 00:14:18,559 --> 00:14:21,240 Speaker 1: try to do it every single day. Got a fifteen 259 00:14:21,320 --> 00:14:24,240 Speaker 1: year old, twelve year old, eight year old wife who 260 00:14:24,280 --> 00:14:27,040 Speaker 1: thinks I'm doing sometimes an okay, job like most wives do. 261 00:14:27,640 --> 00:14:29,400 Speaker 1: But one of the things that I've done is We've 262 00:14:29,440 --> 00:14:33,480 Speaker 1: got car insurance, got health insurance, got life insurance. Trying 263 00:14:33,520 --> 00:14:36,960 Speaker 1: to take care of some of the uncertainties and dangers 264 00:14:36,960 --> 00:14:39,880 Speaker 1: that might come from life. Have you got food insurance? 265 00:14:40,440 --> 00:14:43,360 Speaker 1: Right now? The makers of the best emergency food my 266 00:14:43,440 --> 00:14:46,680 Speaker 1: Patriots Supply, they're knocking two hundred dollars off their popular 267 00:14:46,760 --> 00:14:50,280 Speaker 1: three month emergency food kit. This will last for years. 268 00:14:50,840 --> 00:14:53,640 Speaker 1: We have got three months for each of my kids, myself, 269 00:14:53,720 --> 00:14:56,560 Speaker 1: my wife. It's just stored in our pantry, over two 270 00:14:56,600 --> 00:15:01,720 Speaker 1: thousand calories each day. It's food security. Something goes wrong, 271 00:15:01,880 --> 00:15:06,320 Speaker 1: weather conditions, supply chain crises. Who knows what might happen 272 00:15:06,440 --> 00:15:09,880 Speaker 1: in the wake of everything that we saw happen with COVID. 273 00:15:10,200 --> 00:15:12,360 Speaker 1: Why not go to my Patriot Supply dot com right 274 00:15:12,400 --> 00:15:15,080 Speaker 1: now and save two hundred dollars on each kit your 275 00:15:15,160 --> 00:15:18,400 Speaker 1: family needs. Be sure to get at least one per person. 276 00:15:18,720 --> 00:15:21,360 Speaker 1: We've got five in the Travis household. Go to my 277 00:15:21,560 --> 00:15:23,880 Speaker 1: Patriot Supply dot com right now and you get free 278 00:15:23,880 --> 00:15:27,600 Speaker 1: shipping my Patriot Supply dot Com the web address. One 279 00:15:27,640 --> 00:15:29,840 Speaker 1: more time. Do what I did with the Travis family. 280 00:15:30,120 --> 00:15:36,040 Speaker 1: My Patriot Supply dot Com, Truth seeking, reality telling The 281 00:15:36,160 --> 00:15:39,920 Speaker 1: Clay Travis and buck Sexton Show. Welcome back in Clay 282 00:15:39,960 --> 00:15:42,160 Speaker 1: Travis buck Sexton Show. I hope all of you are 283 00:15:42,160 --> 00:15:45,600 Speaker 1: having a fantastic con out there, and we're about to 284 00:15:45,640 --> 00:15:47,680 Speaker 1: talk with Andy McCarthy, and I think you're probably going 285 00:15:47,720 --> 00:15:51,040 Speaker 1: to get the best legal analysis of the Trump indictment 286 00:15:51,320 --> 00:15:54,080 Speaker 1: that you'll find anywhere here in about seven or eight minutes. 287 00:15:54,120 --> 00:15:58,440 Speaker 1: But first the handwringing and the crocodile tears that are 288 00:15:58,480 --> 00:16:02,560 Speaker 1: out there in the left wing media, even though most 289 00:16:02,600 --> 00:16:08,120 Speaker 1: i'll be fair, a huge percentage of the legal analysis 290 00:16:08,160 --> 00:16:11,160 Speaker 1: that I have seen, even from CNN and MSNBC, and 291 00:16:11,160 --> 00:16:12,840 Speaker 1: we'll probably play some of this for you a little 292 00:16:12,840 --> 00:16:16,600 Speaker 1: bit later in the program has pointed out how deficient 293 00:16:16,960 --> 00:16:21,160 Speaker 1: so much of these charges actually are. But here is 294 00:16:21,200 --> 00:16:26,040 Speaker 1: a medium montage of all of your favorite left wingers 295 00:16:26,040 --> 00:16:29,520 Speaker 1: talking about how sad they are about Trump's indictment. Listen, 296 00:16:29,600 --> 00:16:32,200 Speaker 1: it's a sad day for America. Hard stuff. This is 297 00:16:32,200 --> 00:16:35,440 Speaker 1: no time for celebration, you know. I think it's sad. 298 00:16:35,600 --> 00:16:37,720 Speaker 1: Have fought Trump for a long time, but I'm sad 299 00:16:37,800 --> 00:16:40,200 Speaker 1: that this has happened. How are you feeling about a 300 00:16:40,320 --> 00:16:43,840 Speaker 1: historian day. You know, it's it's sad and this is 301 00:16:43,880 --> 00:16:47,880 Speaker 1: a day of profound sadness that an ex president is indicted. 302 00:16:48,080 --> 00:16:50,480 Speaker 1: But it's also a time to celebrate because this is 303 00:16:50,480 --> 00:16:53,040 Speaker 1: a sad moment to see a form of president have 304 00:16:53,200 --> 00:16:55,280 Speaker 1: to do this, even though we feel it could lead 305 00:16:55,320 --> 00:16:57,720 Speaker 1: to justice. If you don't see this, it's a sad 306 00:16:57,840 --> 00:17:00,440 Speaker 1: day for America. It's a sad day for that's a 307 00:17:00,480 --> 00:17:02,880 Speaker 1: sad day. Well, I don't think anybody can consider it 308 00:17:02,880 --> 00:17:07,919 Speaker 1: a good day regardless of anything. Is just really sad. Oh, 309 00:17:08,080 --> 00:17:11,159 Speaker 1: she's so sad. They're all they're all so sad that 310 00:17:11,280 --> 00:17:15,240 Speaker 1: the thing that they've been demanding this gleefully years years, 311 00:17:15,359 --> 00:17:19,399 Speaker 1: seven years buck finally finally happens in the most preposterous, 312 00:17:19,480 --> 00:17:22,879 Speaker 1: absurd and laughable way possible. But it's very clear what 313 00:17:22,920 --> 00:17:26,359 Speaker 1: they're trying to do. They're they're hoping to look like 314 00:17:26,840 --> 00:17:32,160 Speaker 1: less like the childish lunatics that they are because they've 315 00:17:32,200 --> 00:17:34,680 Speaker 1: been demanding this for years and now here we are 316 00:17:35,000 --> 00:17:37,520 Speaker 1: and was it worth it? Was it worth it? Lips? Oh, 317 00:17:37,520 --> 00:17:39,640 Speaker 1: it's a tough day for the Republic. Play I don't 318 00:17:39,640 --> 00:17:44,000 Speaker 1: think so. No, I mean, look, Annie McCarthy's gonna lay 319 00:17:44,000 --> 00:17:47,960 Speaker 1: out why this is absolutely a joke. I really believe 320 00:17:48,560 --> 00:17:52,600 Speaker 1: that Alvin Bragg is the single best asset for Donald 321 00:17:52,680 --> 00:17:55,960 Speaker 1: Trump's presidential campaign that he may have had in his 322 00:17:56,200 --> 00:17:59,600 Speaker 1: entire political career. This this case is so weak that 323 00:17:59,640 --> 00:18:01,960 Speaker 1: Michael Alvanati could probably win it if he was the 324 00:18:01,960 --> 00:18:05,280 Speaker 1: defense counsel. I mean, that's how bad this case is, 325 00:18:05,320 --> 00:18:08,600 Speaker 1: how weak this case is against Trump gun owners. I 326 00:18:08,640 --> 00:18:10,600 Speaker 1: don't need to remind you. Training at the range is 327 00:18:10,640 --> 00:18:13,959 Speaker 1: expensive because AMMO is really expensive. You can't even get 328 00:18:14,000 --> 00:18:15,800 Speaker 1: it sometimes they run out in stores. I've dealt with 329 00:18:15,840 --> 00:18:18,640 Speaker 1: it myself. But there's an inexpensive way you can train 330 00:18:18,720 --> 00:18:22,159 Speaker 1: at home without using ammunition. Call the Mantis X system 331 00:18:22,480 --> 00:18:25,560 Speaker 1: is referred to as dry fire practice. That's what Mantis 332 00:18:25,680 --> 00:18:27,959 Speaker 1: X is. A firearms training system that is no AMMO. 333 00:18:28,119 --> 00:18:30,800 Speaker 1: It's an all electronic way to improve your shooting accuracy. 334 00:18:31,119 --> 00:18:33,879 Speaker 1: You're pulling that trigger too hard, You're anticipating your shot 335 00:18:33,880 --> 00:18:36,080 Speaker 1: and moving your hands right before Tuess what with the 336 00:18:36,119 --> 00:18:39,640 Speaker 1: Mantis X system, You'll get data driven, real time feedback 337 00:18:39,680 --> 00:18:43,119 Speaker 1: to help you fix those shooting mechanics issues. Then, when 338 00:18:43,160 --> 00:18:45,760 Speaker 1: you get out to the range and actually using live fire, 339 00:18:45,960 --> 00:18:48,480 Speaker 1: guess what you're going to be putting those rounds right 340 00:18:48,560 --> 00:18:51,960 Speaker 1: on target. Become competent as you can be with your 341 00:18:51,960 --> 00:18:55,080 Speaker 1: shooting ability. Check out the mantis x system. Go to 342 00:18:55,160 --> 00:19:00,960 Speaker 1: mantis x dot com. That's m A n tis dot com. 343 00:19:01,080 --> 00:19:03,359 Speaker 1: All right, welcome back to clay Anne. Back as promise. 344 00:19:03,520 --> 00:19:08,000 Speaker 1: Now we're diving into the actual text of the indictment 345 00:19:08,200 --> 00:19:11,560 Speaker 1: against Donald Trump. Even feels weird calling it an indictment. 346 00:19:11,600 --> 00:19:14,400 Speaker 1: It's it's a farce on paper. But we read through it, 347 00:19:14,440 --> 00:19:18,200 Speaker 1: and so did our friend Andy McCarthy, who joins us 348 00:19:18,320 --> 00:19:21,560 Speaker 1: right now. He's, of course Fox's contributor. He's at a 349 00:19:21,800 --> 00:19:25,560 Speaker 1: National Review and is a former prosecutor for the Southern 350 00:19:25,760 --> 00:19:30,480 Speaker 1: Southern District of New York. Andy, I just want your 351 00:19:30,520 --> 00:19:32,480 Speaker 1: first reaction to it, and then I have a specific 352 00:19:32,560 --> 00:19:34,880 Speaker 1: question courtesy of the New York Times about this one. 353 00:19:34,960 --> 00:19:39,120 Speaker 1: But when you read this thing, what was your takeaway? 354 00:19:39,720 --> 00:19:44,080 Speaker 1: I guess two things. One is, it seems to me 355 00:19:44,280 --> 00:19:47,960 Speaker 1: like it's insufficient on its face because it doesn't state 356 00:19:48,040 --> 00:19:52,359 Speaker 1: a crime, so it fails in the fundamental purpose of 357 00:19:52,359 --> 00:19:54,679 Speaker 1: what an indictment is for, which is to put the 358 00:19:54,720 --> 00:19:57,880 Speaker 1: defendant on notice of what he's charged with. And second, 359 00:19:58,359 --> 00:20:05,840 Speaker 1: it's incoherent factually, because Brad's theory is that Trump essentially 360 00:20:05,920 --> 00:20:11,040 Speaker 1: stole the twenty sixteen election by fraud, And in order 361 00:20:11,080 --> 00:20:14,119 Speaker 1: to prove that, what Bragg proposes to do a show 362 00:20:14,560 --> 00:20:17,280 Speaker 1: that he committed a series of thirty four that he 363 00:20:17,359 --> 00:20:22,439 Speaker 1: calls felony crimes. But those crimes take place between February 364 00:20:22,520 --> 00:20:26,239 Speaker 1: fourteenth and December fifth, twenty seventeen. So I fail to 365 00:20:26,280 --> 00:20:30,960 Speaker 1: see how acts that take place in twenty seventeen can 366 00:20:31,040 --> 00:20:36,840 Speaker 1: have caused a fraud four months earlier? Can I just 367 00:20:36,880 --> 00:20:39,359 Speaker 1: say so, Andy did the time To the point of 368 00:20:39,440 --> 00:20:42,000 Speaker 1: the New York Times, the headline their main headline on 369 00:20:42,040 --> 00:20:45,080 Speaker 1: the site right now about the indictment is a surprise 370 00:20:45,320 --> 00:20:50,800 Speaker 1: accusation bolsters a risky case against Trump? Is what you're 371 00:20:50,840 --> 00:20:56,159 Speaker 1: talking about, this surprise accusation, Like what is this? Well, 372 00:20:56,440 --> 00:20:59,359 Speaker 1: I guess it's still a surprise buck right, because he 373 00:20:59,440 --> 00:21:01,919 Speaker 1: hasn't is what it is. But I would say that 374 00:21:03,359 --> 00:21:06,119 Speaker 1: I'm glad the New York Times thinks that, you know, 375 00:21:06,240 --> 00:21:09,200 Speaker 1: surprise an intrigue or I guess that's good for coverage, 376 00:21:09,480 --> 00:21:14,080 Speaker 1: but it's really bad criminal law because one of the 377 00:21:14,160 --> 00:21:19,800 Speaker 1: obligations that a prosecutor has is to be the legal 378 00:21:19,840 --> 00:21:25,800 Speaker 1: advisor to the grand jury in a proceeding an investigation 379 00:21:25,840 --> 00:21:29,600 Speaker 1: that leads to an indictment. So we all have a 380 00:21:29,680 --> 00:21:33,840 Speaker 1: right under the Fifth Amendment not to be hauled into 381 00:21:33,920 --> 00:21:37,840 Speaker 1: court for criminal trial unless a grand jury has found 382 00:21:37,880 --> 00:21:42,680 Speaker 1: probable cause that a crime is committed. And the test 383 00:21:42,800 --> 00:21:45,720 Speaker 1: there is that a grand jury has to find that 384 00:21:45,800 --> 00:21:49,520 Speaker 1: there's probable cause for every element of the crime that 385 00:21:49,600 --> 00:21:53,359 Speaker 1: the prosecutor wants to charge. So here you have a 386 00:21:53,359 --> 00:21:58,080 Speaker 1: situation where Bragg has charged Trump with essentially falsifying his 387 00:21:58,280 --> 00:22:03,359 Speaker 1: business records in order to seal another crime. Well, the 388 00:22:03,880 --> 00:22:06,640 Speaker 1: indictment doesn't say what the other crime is, and it's 389 00:22:06,680 --> 00:22:09,920 Speaker 1: one thing not to tell Donald Trump that. I think 390 00:22:09,920 --> 00:22:13,280 Speaker 1: that makes the indictment sail on its face for notice purposes. 391 00:22:13,640 --> 00:22:18,840 Speaker 1: But it suggests strongly that Bragg didn't instruct the grand 392 00:22:18,880 --> 00:22:23,080 Speaker 1: jury on another crime, and that the grand jury didn't 393 00:22:23,080 --> 00:22:27,560 Speaker 1: find some other crime under a probable cause standard, which 394 00:22:27,600 --> 00:22:32,320 Speaker 1: would also make the indictment insufficient. Okay, So, and I 395 00:22:32,359 --> 00:22:34,680 Speaker 1: just want to Andy, you're killing it here, and I 396 00:22:34,720 --> 00:22:37,720 Speaker 1: want to dive into this. If this were a misdemeanor 397 00:22:37,760 --> 00:22:41,480 Speaker 1: book keeping violation, it would have a two year statute 398 00:22:41,520 --> 00:22:44,520 Speaker 1: of limitations that would be tossed out. There'd be no 399 00:22:44,560 --> 00:22:47,240 Speaker 1: way to charge on this at this point in time. 400 00:22:47,760 --> 00:22:50,399 Speaker 1: If the only way they can get it under the 401 00:22:50,440 --> 00:22:53,600 Speaker 1: statute of limitations is by trying to argue that it's 402 00:22:53,640 --> 00:22:57,160 Speaker 1: a felony because of this, you know, a morphous which 403 00:22:57,160 --> 00:22:59,159 Speaker 1: I'm going to get to in a second second crime 404 00:22:59,240 --> 00:23:03,359 Speaker 1: that they have not defined, and that would theoretically create 405 00:23:03,400 --> 00:23:06,320 Speaker 1: a five year statute of limitations, which also, by the way, 406 00:23:06,400 --> 00:23:11,640 Speaker 1: is potentially also in play because because we're more than 407 00:23:11,680 --> 00:23:14,760 Speaker 1: five years since this would have occurred. Background there so 408 00:23:14,880 --> 00:23:19,159 Speaker 1: for this when you read this, strip away Democrat Republican, 409 00:23:19,320 --> 00:23:22,800 Speaker 1: just be a prosecutor from the Southern District of New 410 00:23:22,880 --> 00:23:26,680 Speaker 1: York as you were in your career. How embarrassed are 411 00:23:26,800 --> 00:23:30,359 Speaker 1: you for Alvin Bragg and the New York District Attorney's 412 00:23:30,440 --> 00:23:34,520 Speaker 1: office that they would even allow this farce to go on? 413 00:23:34,880 --> 00:23:37,960 Speaker 1: And that after two hundred and forty years of not 414 00:23:38,119 --> 00:23:43,080 Speaker 1: ever charging a president, former president, anything like that, that 415 00:23:43,359 --> 00:23:48,159 Speaker 1: this would be the indictment that breaks that precedent is 416 00:23:48,200 --> 00:23:51,199 Speaker 1: to me a tremendous embarrassment to their office, to the 417 00:23:51,200 --> 00:23:54,440 Speaker 1: country at large? Is it to you as well? Like 418 00:23:54,560 --> 00:23:58,720 Speaker 1: now that you've seen all this. Well, here's why, Clay. 419 00:24:00,200 --> 00:24:02,480 Speaker 1: You know, I was a prosecutor in the building next 420 00:24:02,520 --> 00:24:07,240 Speaker 1: door for about twenty years, and much of the time 421 00:24:07,320 --> 00:24:10,480 Speaker 1: I was there the in fact, I think all of 422 00:24:10,520 --> 00:24:15,439 Speaker 1: the time I was there, the legendary Bob Morganhaw was 423 00:24:15,520 --> 00:24:19,679 Speaker 1: the District Attorney of New York County of Manhattan, and 424 00:24:19,960 --> 00:24:23,880 Speaker 1: he was, you know, he had been a US attorney 425 00:24:23,880 --> 00:24:25,800 Speaker 1: for many years in the Southern District of New York 426 00:24:25,840 --> 00:24:29,439 Speaker 1: became before he became Manhattan's DA for I think thirty 427 00:24:29,440 --> 00:24:35,160 Speaker 1: four years. And I think anybody who knows anything about 428 00:24:35,200 --> 00:24:39,959 Speaker 1: Morganhaw would know that he expected prosecutors in his office 429 00:24:40,000 --> 00:24:45,000 Speaker 1: to come up to a certain standard and to conduct 430 00:24:45,040 --> 00:24:50,480 Speaker 1: their there use their powers in a in a aggressive 431 00:24:50,520 --> 00:24:54,879 Speaker 1: but appropriately aggressive and ethical way, mindful of what the 432 00:24:54,960 --> 00:24:58,880 Speaker 1: requirements that due process of law are, and in the 433 00:24:59,000 --> 00:25:03,119 Speaker 1: legacy of that office, the adult leadership of the office 434 00:25:03,160 --> 00:25:07,439 Speaker 1: would prevent things like this indictment from happening. So I 435 00:25:07,440 --> 00:25:11,159 Speaker 1: think from that lofty perch, what we now have in 436 00:25:11,160 --> 00:25:14,720 Speaker 1: the Manhattan District Attorney's office is the District attorney himself 437 00:25:15,680 --> 00:25:18,320 Speaker 1: is the exemplar of abuse. In other words, instead of 438 00:25:18,359 --> 00:25:23,480 Speaker 1: playing the role that supervisors are supposed to play, namely 439 00:25:23,560 --> 00:25:27,560 Speaker 1: to make sure that they're young, inexperienced prosecutors don't do 440 00:25:27,760 --> 00:25:32,280 Speaker 1: stuff like this. This guy has politicized the office in 441 00:25:32,320 --> 00:25:36,280 Speaker 1: a way that would be unrecognizable to Bob Morgenthaw, to 442 00:25:36,480 --> 00:25:40,840 Speaker 1: the point that when Morgenthaw was an elected DA too. 443 00:25:41,359 --> 00:25:44,080 Speaker 1: But in the culture of New York at the time, 444 00:25:44,880 --> 00:25:48,520 Speaker 1: the qualifications to that office, if if anyone had dared 445 00:25:48,520 --> 00:25:51,320 Speaker 1: to run against them, or had a prayer of running 446 00:25:51,359 --> 00:25:53,520 Speaker 1: against them, would it be that you had to match 447 00:25:53,680 --> 00:25:59,119 Speaker 1: him in terms of what being an exemplary prosecutor was 448 00:25:59,200 --> 00:26:02,040 Speaker 1: that you would forced the law with that fear or 449 00:26:02,119 --> 00:26:05,560 Speaker 1: favor across the board equally against everyone. Now we have 450 00:26:05,640 --> 00:26:09,920 Speaker 1: a guy who runs for office like a Soviet apparatic, 451 00:26:10,119 --> 00:26:13,960 Speaker 1: promising to abuse the power of his office in order 452 00:26:14,000 --> 00:26:18,080 Speaker 1: to leverage them against one guy, which is which would 453 00:26:18,119 --> 00:26:21,480 Speaker 1: be I think ten years ago even that would have 454 00:26:21,520 --> 00:26:24,760 Speaker 1: been disqualifying if someone sought office on those grounds. The 455 00:26:24,800 --> 00:26:27,520 Speaker 1: fact that he got elected doing that is just mind boggling. 456 00:26:27,760 --> 00:26:31,240 Speaker 1: So with Andy, how is it possible that someone can 457 00:26:31,280 --> 00:26:36,240 Speaker 1: defend themselves against an indictment that lists thirty It's just 458 00:26:36,359 --> 00:26:39,879 Speaker 1: basically the same thing thirty times, right, So, and then 459 00:26:39,920 --> 00:26:41,679 Speaker 1: to your point before, it would be like the stolen 460 00:26:41,720 --> 00:26:44,320 Speaker 1: property passed back and forth between two individuals. You know, 461 00:26:44,560 --> 00:26:46,920 Speaker 1: if two guys steal a bike and they handed it 462 00:26:47,000 --> 00:26:49,280 Speaker 1: all five times in the course of usually on charge 463 00:26:49,320 --> 00:26:51,960 Speaker 1: them with five bike. That's right. But that's effectively what 464 00:26:52,119 --> 00:26:55,360 Speaker 1: has happened here with this brag indictment. But how can 465 00:26:55,400 --> 00:26:59,399 Speaker 1: anyone be expected to defend themselves and have any kind 466 00:26:59,440 --> 00:27:02,520 Speaker 1: of a fair tree when they're saying you committed this 467 00:27:02,680 --> 00:27:06,040 Speaker 1: crime and there's another crime that I'm not even naming 468 00:27:06,520 --> 00:27:10,159 Speaker 1: that you also committed, and therefore the first crime that 469 00:27:10,200 --> 00:27:13,600 Speaker 1: I've named is a worse crime. How can you defend 470 00:27:13,600 --> 00:27:15,280 Speaker 1: yourself if he doesn't have to name the other crime, 471 00:27:15,320 --> 00:27:18,360 Speaker 1: like he doesn't he have to. Yeah, well, that's right. 472 00:27:19,280 --> 00:27:23,639 Speaker 1: The indictment failed as an indictment in the sense that 473 00:27:23,920 --> 00:27:27,240 Speaker 1: an indictment in the United States under our system, and 474 00:27:27,280 --> 00:27:33,320 Speaker 1: this is a long Anglo American principle. But the indictment 475 00:27:33,320 --> 00:27:36,159 Speaker 1: has two functions. One is to put the defendant on 476 00:27:36,240 --> 00:27:38,960 Speaker 1: notice of exactly what the charges so he can prepare 477 00:27:39,040 --> 00:27:42,720 Speaker 1: his defense. So if you don't tell him what crimes 478 00:27:42,720 --> 00:27:46,040 Speaker 1: he's accused of committing, he can't prepare his defense, and 479 00:27:46,119 --> 00:27:48,760 Speaker 1: the indictment fails for that reason. The second thing in 480 00:27:48,840 --> 00:27:53,359 Speaker 1: indictment is supposed to be is your proof for double 481 00:27:53,440 --> 00:27:58,120 Speaker 1: jeopardy purposes that you've already been prosecuted for the crime charge. 482 00:27:58,280 --> 00:28:01,639 Speaker 1: So again, if it doesn't articulate the crime in the 483 00:28:01,680 --> 00:28:05,959 Speaker 1: four corners of the indictment, then then you don't. You 484 00:28:06,000 --> 00:28:08,880 Speaker 1: can't plead double jeopardy. So to my mind, just the 485 00:28:08,880 --> 00:28:13,439 Speaker 1: basic function of an indictment. And as you guys said, uh, 486 00:28:13,720 --> 00:28:16,080 Speaker 1: you know a second ago, we're not talking here Republican 487 00:28:16,200 --> 00:28:20,080 Speaker 1: Democrat concerned. This is just like basic clinical stuff. So 488 00:28:20,200 --> 00:28:22,680 Speaker 1: with that in mind, Andy, I mean, do what indictment does? 489 00:28:23,240 --> 00:28:25,040 Speaker 1: You're looking at this just as a person who has 490 00:28:25,040 --> 00:28:27,280 Speaker 1: Clay pointed out twenty plus years officer of the Court 491 00:28:27,280 --> 00:28:29,639 Speaker 1: in the Federal Southern District of New York, in a 492 00:28:29,760 --> 00:28:32,960 Speaker 1: fair in a fair system, would Alvin Bragg be subject 493 00:28:32,960 --> 00:28:40,000 Speaker 1: to getting disbarred? In your mind, well, I mean he's 494 00:28:40,000 --> 00:28:42,160 Speaker 1: got an argument. And I don't like, you know, I've 495 00:28:42,160 --> 00:28:46,400 Speaker 1: said in defense of John Eastman and the whole January 496 00:28:46,440 --> 00:28:52,760 Speaker 1: sixth stuff, I don't like the idea of propizing legal 497 00:28:53,040 --> 00:28:56,160 Speaker 1: legal analysis right theories. So I don't want to do 498 00:28:56,280 --> 00:28:59,320 Speaker 1: to Brag what I wouldn't do to Eastman Um. And 499 00:28:59,360 --> 00:29:02,160 Speaker 1: I would say that Bragg has an argument to make. 500 00:29:02,240 --> 00:29:05,360 Speaker 1: I think it's a frivolous argument, but he's got an argument. 501 00:29:05,400 --> 00:29:07,720 Speaker 1: I think he's going to come in and say, the 502 00:29:07,800 --> 00:29:14,080 Speaker 1: statute that I'm invoking here doesn't specify which crime it 503 00:29:14,120 --> 00:29:17,960 Speaker 1: has to be that he's concealing in order to make 504 00:29:18,000 --> 00:29:23,840 Speaker 1: it a felony. You know, the statute says it's felony 505 00:29:24,040 --> 00:29:27,920 Speaker 1: falsification of business records. And what the statute says is 506 00:29:28,360 --> 00:29:31,360 Speaker 1: he can he had the intent to conceal another crime. 507 00:29:31,840 --> 00:29:33,880 Speaker 1: And I have what Bregg is going to say is 508 00:29:34,080 --> 00:29:37,760 Speaker 1: I have simply tracked the language of the statue, which 509 00:29:37,760 --> 00:29:40,720 Speaker 1: should be adequate to due process purposes. We're talking to 510 00:29:40,720 --> 00:29:44,800 Speaker 1: any McCarty the rest. Yeah, sorry to cut you off. 511 00:29:44,920 --> 00:29:48,080 Speaker 1: I was just going to say, yes, okay, if you 512 00:29:48,160 --> 00:29:53,560 Speaker 1: were representing Trump right now and you immediately see this, 513 00:29:53,800 --> 00:29:57,360 Speaker 1: don't you demand that this be dismissed as insufficient on 514 00:29:57,440 --> 00:29:59,800 Speaker 1: its face. Now, maybe, like you say in the Bill 515 00:29:59,840 --> 00:30:03,720 Speaker 1: of Particulars, they can specify more so, but do you 516 00:30:03,760 --> 00:30:07,720 Speaker 1: think there's any chance that this judge tosses these charges? 517 00:30:07,960 --> 00:30:10,880 Speaker 1: Should he If he does not, they have this hearing 518 00:30:10,880 --> 00:30:14,400 Speaker 1: on December fourth to consider all the motions. What sort 519 00:30:14,440 --> 00:30:19,480 Speaker 1: of recourse would Trump have before trial, based on your experience, 520 00:30:19,520 --> 00:30:22,080 Speaker 1: to try to get these things tossed before he even 521 00:30:22,120 --> 00:30:26,360 Speaker 1: has to appear potentially in front of a jury. Yeah, 522 00:30:26,400 --> 00:30:30,520 Speaker 1: so here's what I would do. And obviously they're closer 523 00:30:30,520 --> 00:30:32,560 Speaker 1: to it than I am. They have much more information 524 00:30:32,560 --> 00:30:35,200 Speaker 1: than I do. So take this with whatever grain assault 525 00:30:35,400 --> 00:30:40,760 Speaker 1: you care to. But I don't fault them for not 526 00:30:40,920 --> 00:30:43,959 Speaker 1: yet making emotions to dismiss because they just got the 527 00:30:44,000 --> 00:30:46,760 Speaker 1: indictment at two thirty yesterday afternoon, so that, you know, 528 00:30:46,800 --> 00:30:48,520 Speaker 1: you have to give them a chance to digest it. 529 00:30:48,880 --> 00:30:51,520 Speaker 1: And I don't blame the judge for not, like, as 530 00:30:51,560 --> 00:30:53,800 Speaker 1: they say in the laws, Sue Sponte, like on his 531 00:30:53,840 --> 00:30:57,600 Speaker 1: own hook, dismissing it. Judges don't tend to do that. 532 00:30:57,680 --> 00:31:01,200 Speaker 1: They wait for a defense motion. But now that these 533 00:31:01,200 --> 00:31:03,800 Speaker 1: guys have had a chance to digest what's in the indictment, 534 00:31:04,120 --> 00:31:06,800 Speaker 1: I think it's one thing to say, you know, fine, 535 00:31:07,240 --> 00:31:10,120 Speaker 1: we can have a Like the long motion schedule the 536 00:31:10,200 --> 00:31:11,760 Speaker 1: judge gave him, I think he says they have to 537 00:31:11,760 --> 00:31:15,800 Speaker 1: have their motions in by August or something after the 538 00:31:15,800 --> 00:31:20,080 Speaker 1: state makes discovery. But I would be in there today 539 00:31:20,440 --> 00:31:25,760 Speaker 1: under the judge's toes if I could, saying two things. One, 540 00:31:26,240 --> 00:31:29,480 Speaker 1: this indictment fails as an indictment because on its face, 541 00:31:29,520 --> 00:31:32,080 Speaker 1: it doesn't state the crime and it doesn't give us 542 00:31:32,200 --> 00:31:34,080 Speaker 1: notice of what the crime is. So it fails the 543 00:31:34,080 --> 00:31:37,880 Speaker 1: basic test of what an indictment is. And while in 544 00:31:37,920 --> 00:31:40,640 Speaker 1: another case it might be fine to wait until August 545 00:31:40,720 --> 00:31:43,440 Speaker 1: to hash all of that out, here, you have a 546 00:31:43,480 --> 00:31:49,240 Speaker 1: situation where state criminal law enforcement processes are being allowed 547 00:31:49,280 --> 00:31:53,960 Speaker 1: to intrude into a national federal election, and before a 548 00:31:54,080 --> 00:31:59,240 Speaker 1: court should allow that to happen, they ought to make 549 00:31:59,240 --> 00:32:02,840 Speaker 1: sure that the eight has a real crime and that 550 00:32:02,960 --> 00:32:07,840 Speaker 1: they're sufficient and convincing evidence that Trump probably well, Andy, 551 00:32:08,200 --> 00:32:09,760 Speaker 1: you might have to set up a special phone just 552 00:32:09,800 --> 00:32:12,160 Speaker 1: for you to call in over the next nine months 553 00:32:12,240 --> 00:32:15,400 Speaker 1: or so. But thank you, Andy McCarthy, thank you so 554 00:32:15,480 --> 00:32:18,920 Speaker 1: much for joining us. As always, appreciate your body. Thanks guys. 555 00:32:19,680 --> 00:32:22,600 Speaker 1: Spring cleaning just got a whole lot easier with Legacy Box, 556 00:32:22,640 --> 00:32:25,880 Speaker 1: the Tennessee based company that digitally preserves old medium. I'm 557 00:32:25,920 --> 00:32:28,800 Speaker 1: talking videotapes, film reels, photo albums, all the things that 558 00:32:28,880 --> 00:32:30,880 Speaker 1: take up space in your home. But you don't want 559 00:32:30,920 --> 00:32:33,720 Speaker 1: to throw out because they contain precious memories. The problem 560 00:32:33,800 --> 00:32:36,400 Speaker 1: is they will deteriorate over time, not to mention being 561 00:32:36,400 --> 00:32:38,960 Speaker 1: at risk of heat, mold, and fire. So it's wise 562 00:32:39,000 --> 00:32:41,280 Speaker 1: to get your past preserved now, and you can do 563 00:32:41,320 --> 00:32:43,840 Speaker 1: that with Legacy Box. It starts with them sending you 564 00:32:43,840 --> 00:32:46,080 Speaker 1: a shipping box, a Legacy box. You fill it with 565 00:32:46,120 --> 00:32:48,760 Speaker 1: your old tapes, reels, photos. I've done it, Clay's done 566 00:32:48,800 --> 00:32:50,920 Speaker 1: it so easy. You fill it, you ship it back 567 00:32:50,960 --> 00:32:53,480 Speaker 1: in a few weeks. You get digital copies that can 568 00:32:53,480 --> 00:32:56,280 Speaker 1: be easily enjoyed, shared and organized. I now send old 569 00:32:56,280 --> 00:32:58,800 Speaker 1: photos and videos and things to my family members. I 570 00:32:58,800 --> 00:33:01,960 Speaker 1: can only do that because I've got Legacy Box joined 571 00:33:01,960 --> 00:33:04,880 Speaker 1: over a million families that have trusted Legacy Box, including 572 00:33:04,920 --> 00:33:07,400 Speaker 1: Clay and me. For a limited time, Legacy Box is 573 00:33:07,480 --> 00:33:10,480 Speaker 1: running a nine dollars videotape sale that's sixty five percent off. 574 00:33:10,600 --> 00:33:13,600 Speaker 1: Never been a better time. Nine dollars of videotape sale 575 00:33:13,680 --> 00:33:16,440 Speaker 1: right now go to Legacy box dot com slash buck. 576 00:33:16,720 --> 00:33:19,760 Speaker 1: That's Legacy Box dot com slash buck. Mother's Days right 577 00:33:19,800 --> 00:33:22,520 Speaker 1: around the corner. Go today Legacy box dot com slash 578 00:33:22,640 --> 00:33:26,120 Speaker 1: b u c K. Clay In Buck twenty four seven 579 00:33:26,200 --> 00:33:30,200 Speaker 1: and subscribe today Welcome back in Clay Travis buck Sexton Show. 580 00:33:30,200 --> 00:33:33,560 Speaker 1: Andy McCarthy's so good and I appreciate him making time 581 00:33:33,600 --> 00:33:36,280 Speaker 1: to come on the show. When if you've got Fox 582 00:33:36,360 --> 00:33:38,320 Speaker 1: News on. I don't know how many shows he's appeared 583 00:33:38,320 --> 00:33:40,880 Speaker 1: on Fox News. He's gotta be times two days, he's 584 00:33:40,920 --> 00:33:44,240 Speaker 1: got all of them. YEA one funny Andy story. I 585 00:33:44,240 --> 00:33:46,000 Speaker 1: remember asking. We used to We used to hang out 586 00:33:46,040 --> 00:33:47,800 Speaker 1: back in the day when I was doing Glenn Beckx 587 00:33:47,880 --> 00:33:49,560 Speaker 1: The Blaze on a panel show, and he'd come into 588 00:33:49,600 --> 00:33:51,640 Speaker 1: green room. He's the best, Like he's just always been 589 00:33:52,240 --> 00:33:55,640 Speaker 1: super smart, low key, no attitude but knows everything. I 590 00:33:55,680 --> 00:33:57,840 Speaker 1: love that. I love no attitude but knows everything. You 591 00:33:57,840 --> 00:34:00,200 Speaker 1: know what? I yeah, And I'm just like, so are 592 00:34:00,200 --> 00:34:01,800 Speaker 1: you Like in the Southern District. He was like, well, 593 00:34:02,480 --> 00:34:06,160 Speaker 1: if you were guilty, you really didn't want me. It's like, 594 00:34:06,280 --> 00:34:08,640 Speaker 1: you know, as the prosecutor. And I was like, okay, 595 00:34:08,680 --> 00:34:10,840 Speaker 1: that makes sense. I'd love to have him as an 596 00:34:10,880 --> 00:34:13,640 Speaker 1: attorney if I were Trump. I mean, I don't know 597 00:34:13,680 --> 00:34:15,839 Speaker 1: that Trump's ever asked. He may not want to do 598 00:34:15,880 --> 00:34:19,520 Speaker 1: any legal representation work now, but if I were charged 599 00:34:19,600 --> 00:34:22,799 Speaker 1: with a crime in New York, the first person that 600 00:34:22,840 --> 00:34:25,319 Speaker 1: I would want to call is Andy McCarthy. You know, 601 00:34:25,320 --> 00:34:28,040 Speaker 1: and I say this in people sometimes I feel like 602 00:34:28,040 --> 00:34:30,839 Speaker 1: there's a there's a little bit of a there's maybe 603 00:34:30,880 --> 00:34:33,520 Speaker 1: frustration that gets blowback on this. But there's been a 604 00:34:33,560 --> 00:34:38,200 Speaker 1: whole campaign to deprive Trump of top legal talent, and 605 00:34:38,280 --> 00:34:41,880 Speaker 1: unfortunately it has been very effective. And I know about 606 00:34:41,880 --> 00:34:44,600 Speaker 1: this because I know plenty of people that work at 607 00:34:44,640 --> 00:34:49,000 Speaker 1: the super fancy and expensive corporate law firms in New York, 608 00:34:49,040 --> 00:34:51,800 Speaker 1: some of which do criminal defense, etc. Or some of 609 00:34:51,840 --> 00:34:54,040 Speaker 1: the ones that specialize in criminal defense and even non 610 00:34:54,080 --> 00:34:56,719 Speaker 1: criminal stuff. There are a lot of law firms where 611 00:34:56,719 --> 00:34:58,880 Speaker 1: it's just you cannot go work for Trump. If you 612 00:34:58,960 --> 00:35:01,399 Speaker 1: do anything Trump lay did, you're destroyed. That actually will 613 00:35:01,400 --> 00:35:04,560 Speaker 1: forbid you, the partnership will forbid you, and you'll destroy 614 00:35:04,640 --> 00:35:06,560 Speaker 1: your career if you try to try to do it. Yeah, 615 00:35:06,560 --> 00:35:09,400 Speaker 1: and that's not even just Trump Buck. There's been and 616 00:35:09,760 --> 00:35:11,839 Speaker 1: I'm speaking as an attorney. I mean, this is why 617 00:35:11,880 --> 00:35:14,799 Speaker 1: I donated money to the January six political prisoners Julie 618 00:35:14,840 --> 00:35:17,680 Speaker 1: Kelly has talked about on this show lot. There has 619 00:35:17,760 --> 00:35:21,880 Speaker 1: been an aggressive campaign to try to shame lawyers for 620 00:35:22,120 --> 00:35:28,200 Speaker 1: taking clients who are quote unquote unacceptable, right, and that 621 00:35:28,239 --> 00:35:32,080 Speaker 1: can be Hey, you're a pro life attorney and you 622 00:35:32,160 --> 00:35:34,920 Speaker 1: want to to attack Roe v. Wade or whatever it 623 00:35:35,000 --> 00:35:40,359 Speaker 1: might be. There is a lot of pressure against attorneys, 624 00:35:40,600 --> 00:35:42,680 Speaker 1: especially in big law firms. And I know many of 625 00:35:42,680 --> 00:35:45,080 Speaker 1: you out there listening right now who are attorneys, are 626 00:35:45,120 --> 00:35:48,359 Speaker 1: nodding your heads along right now. I don't remember that 627 00:35:48,400 --> 00:35:50,400 Speaker 1: being in the case twenty years ago when I graduated 628 00:35:50,400 --> 00:35:52,600 Speaker 1: from law school. And certainly, look, I've said on the 629 00:35:52,600 --> 00:35:56,960 Speaker 1: show before, I've represented murderers, you know, I've represented people 630 00:35:56,960 --> 00:35:59,960 Speaker 1: who are accused of domestic assault, drug dealing. That's part 631 00:35:59,960 --> 00:36:02,520 Speaker 1: of the job of a lawyer is to sometimes take 632 00:36:02,560 --> 00:36:07,400 Speaker 1: clients who are not. This is Arragonza virtue. One of 633 00:36:07,400 --> 00:36:09,279 Speaker 1: the principle you know, we used to have all these things, 634 00:36:09,360 --> 00:36:12,040 Speaker 1: you know, when you well, when I grew up, well, 635 00:36:12,040 --> 00:36:14,320 Speaker 1: when we grew up, we used to have these principles 636 00:36:14,360 --> 00:36:17,520 Speaker 1: that we shared about, uh, you know, free speech and 637 00:36:17,560 --> 00:36:19,080 Speaker 1: things like this. And one of the things I remember 638 00:36:19,200 --> 00:36:23,360 Speaker 1: was always the accused is entitled to a vigorous and 639 00:36:23,880 --> 00:36:27,520 Speaker 1: full defense in a court of law. That is the left. Now, 640 00:36:27,560 --> 00:36:30,560 Speaker 1: if you represent the wrong person as a lawyer, you 641 00:36:30,600 --> 00:36:33,520 Speaker 1: are a target of the left. They're coming for you 642 00:36:33,640 --> 00:36:37,080 Speaker 1: as the lawyer. Now, which is a whole change, But 643 00:36:37,120 --> 00:36:39,279 Speaker 1: this is the This is the way commies operate. They 644 00:36:39,320 --> 00:36:42,279 Speaker 1: burn everything to the ground. All right, Look, if you 645 00:36:42,280 --> 00:36:44,800 Speaker 1: guys want to ask questions, we're going to dive into 646 00:36:44,840 --> 00:36:46,399 Speaker 1: a little bit off the top of the next hour, 647 00:36:46,520 --> 00:36:49,160 Speaker 1: I'll put my proverbial lawyer had on. I'll tell you 648 00:36:49,200 --> 00:36:52,000 Speaker 1: what I thought and where we're going, not only legally 649 00:36:52,000 --> 00:36:55,439 Speaker 1: but also politically, thinking about the impacts of this going 650 00:36:55,480 --> 00:36:58,520 Speaker 1: forward to also speech and the speech. We haven't really 651 00:36:58,560 --> 00:37:00,719 Speaker 1: talked about what Trump said. What a buck? Can I 652 00:37:00,760 --> 00:37:02,920 Speaker 1: think of? The Trump address at Marlago