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Speaker 1: And welcome back to the Sean Hennity Show. I'm Greg Jarrett,

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Speaker 1: filling in for Sean who's taken a couple of days off.

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Speaker 1: I'm a frequent guest on this program, and I hope

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Speaker 1: you'll pick up my new book, The Constitution of the

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Speaker 1: United States and Other Patriotic Documents, available in bookstores nationwide,

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Speaker 1: or you can order it online have it delivered the

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Speaker 1: next day. So you've probably heard the news. Main's Democratic

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Speaker 1: secretary's State, Sheena Bellows is her name, has removed former

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Speaker 1: President Donald Trump from the state's presidential primary ballot. She

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Speaker 1: did so under her interpretation of the Constitution's insurrection clause

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Speaker 1: under the fourteenth Amendment. In other words, she mangled the

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Speaker 1: law and contorted the facts to unilaterally decide this on

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Speaker 1: her own. And of course, it follows ruling earlier this

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Speaker 1: month by the Colorado Supreme Court that also booty Trump

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Speaker 1: from the ballot there under section three of the fourteenth Amendment,

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Speaker 1: the same insurrection cause. So here is Main Secretary of

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Speaker 1: State Shina Bellow's explaining herself.

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Speaker 2: It's a very detailed decision. We lay out why under

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Speaker 2: main law, the Secretary of State has the authority. Indeed,

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Speaker 2: the obligation I'm duty bound to make this determination. We also,

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Speaker 2: I rather laid out that the record demonstrates that, in fact,

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Speaker 2: the events of January sixth, twenty twenty one, which were unprecedented, tragic,

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Speaker 2: we're an insurrection in the meaning of section three of

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Speaker 2: the fourteenth Amendment. And finally, in reviewing the facts presented,

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Speaker 2: the evidence, the law, the history, we determined under section

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Speaker 2: three the Fourteenth that mister Trump engaged in insurrection and

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Speaker 2: there forms disco.

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Speaker 1: So that's the main Secretary of State, Shena Bellows, elected

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Speaker 1: by Democrats in the state legislature. Now bear in mind,

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Speaker 1: she's not a lawyer, she's not a constitutional expert. This

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Speaker 1: is her interpretation of the Fourteenth Amendment to the Constitution,

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Speaker 1: and she had no access to relevant evidence, either incriminating

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Speaker 1: or exculpatory. She simply, by FIAT decided that she's gonna

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Speaker 1: decide who's the next president of the United States, and

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Speaker 1: booting Trump from the ballot. You got you got to

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Speaker 1: admire her, her hutzba for making a decision like that.

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Speaker 1: Joining me now to talk about it is Brett Tolman,

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Speaker 1: as a former federal prosecutor. He is a lawyer, ladies

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Speaker 1: and gentlemen. He knows a thing or two about the Constitution.

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Speaker 1: Unlike Shina Bellows. He served as the US Attorney for

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Speaker 1: the state of Utah. So Brett, thanks for taking their time. Michigan, Minnesota,

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Speaker 1: and New Hampshire have rejected this crazy idea of removing

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Speaker 1: Trump from the ballot. Colorado and Maine did the opposite.

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Speaker 1: They kicked Trump off the presidential ballot. The Republican Party

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Speaker 1: in Colorado has already appealed to the US Supreme Court

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Speaker 1: two days ago. I read their brief. It's well argued.

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Speaker 1: Isn't this a case at the High Court really has

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Speaker 1: to take It's too important to ignore.

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Speaker 3: Yeah, Greg, thanks for having me on. It's quite stunning

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Speaker 3: actually to talk about.

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Speaker 4: You know, what the Secretary of.

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Speaker 3: State in Maine to do. And it's fascinating to me

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Speaker 3: because she's right. She does have authority. She has authority

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Speaker 3: to determine if someone is thirty five years of age,

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Speaker 3: lived here for fourteen years and as a natural born citizen,

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Speaker 3: and that's the authority she has. And there's a reason why.

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Speaker 3: It's a simple, check your box type of authority to

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Speaker 3: see if someone is a legitimate candidate or not. For president.

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Speaker 3: Those are the only requirements. Doesn't matter if he's been

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Speaker 3: convicted of a felony, doesn't matter if there's accusations that

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Speaker 3: he did was inappropriate on January sixth, and encouraged what happened.

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Speaker 3: There aren't any findings here, and you can't, as a

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Speaker 3: secretary of state, expand your role to anything more than procedural.

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Speaker 3: And that's what she's done. So the Supreme Court is

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Speaker 3: probably now, you know, with anticipating it would be dealing

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Speaker 3: with factual analysis and reasoning, legal reasoning, is now faced

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Speaker 3: with the challenge of jumping inside the head of a

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Speaker 3: secretary of state who's expanded her authority and by fiat,

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Speaker 3: as you said, decided these things based on no access

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Speaker 3: to any of the evidence or any reasoning of the

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Speaker 3: law behind it.

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Speaker 1: You know, if I were sitting on the High Court

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Speaker 1: wearing a black robe, I probably in one line say

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Speaker 1: that Sina Bellow's secretary of State in Maine is not

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Speaker 1: competent to make this decision.

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Speaker 4: You know.

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Speaker 1: Look, under the guise of protecting democracy, Colorado and Maine

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Speaker 1: both are actually undermining the most fundamental right of democracy,

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Speaker 1: that is the right to vote for the candidate of

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Speaker 1: their choice, it is enshrined in our constitution, and to

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Speaker 1: accomplish their nefarious goal of what is in essence, ballot rigging,

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Speaker 1: these Democrat controlled states are bastardizing Section three of the

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Speaker 1: Fourteenth Amendment, the insurrection Clause. Trump hasn't been charged or

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Speaker 1: tried or convicted of insurrection. Why because the facts and

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Speaker 1: evidence don't support it. If there was evidence supporting insurrection,

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Speaker 1: he would have been charged. So by announcing unilaterally that

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Speaker 1: he's guilty of insurrection, aren't these states at blatantly violating

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Speaker 1: that same amendment, depriving Trump of his due process rights

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Speaker 1: guaranteed by the fourteenth Amendment.

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Speaker 3: Well, that's right, And what we have is we have

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Speaker 3: a situation that's very grim. It's comical in its absurdity,

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Speaker 3: but in its effect it can be quite damaging to

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Speaker 3: our country. There is no question that under the same

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Speaker 3: rationale being used by this Secretary of State and by

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Speaker 3: Michigan Supreme Court or Colorado excuse me, there's no question

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Speaker 3: that the same rationale could be used again the lack

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Speaker 3: of effort by President Biden to secure our border and

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Speaker 3: allowing and infiltration of enemy state citizens into this country.

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Speaker 3: There's no question you could use the same rationale. But

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Speaker 3: none of us on the conservative side would encourage or

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Speaker 3: or would accept that sort of bastardization of what the

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Speaker 3: law is. But the left doesn't care about that, Greg,

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Speaker 3: because the left long ago has indicated that they are

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Speaker 3: willing to set aside the rule of law. They'll do

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Speaker 3: executive orders when they know they'll get reversed. They'll issue

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Speaker 3: policies coming from regulatory bodies that they know will get reversed.

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Speaker 3: And thank goodness, we have the Supreme Court that's there

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Speaker 3: and ready and has to be you know, you know,

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Speaker 3: so sensitive to the use of power in in a

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Speaker 3: way that is damaging everything they accused the right of doing,

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Speaker 3: and Donald Trump included, they are doing themselves. And this

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Speaker 3: last point, Greg, they needed a conviction or charge at

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Speaker 3: least on the insurrection. It wasn't done. They couldn't get

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Speaker 3: a grand jury to do it. They don't have a

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Speaker 3: conviction from Jack Smith or any of the others. So

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Speaker 3: now they're desperate and the Secretary of the State are

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Speaker 3: stepping up to do it because they don't care about.

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Speaker 4: The rule of law.

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Speaker 1: You know, this is the stuff of tyrants and dictators.

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Speaker 1: I mean, this is what Vladimir Putin. Did he put

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Speaker 1: his main political opponent in Alvani in a gulag in.

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Speaker 5: The Arctic.

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Speaker 1: Where he remains to this day. You know, are we

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Speaker 1: really going to go down that road? But the other

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Speaker 1: part of the equation Brett, in addition to totally contorting

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Speaker 1: the insurrection clause, is the Colorado wind mean are both

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Speaker 1: ignoring the plain meaning of the fourteenth Amendment. It spells

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Speaker 1: out the specific officers that can be disqualified. It says

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Speaker 1: only representatives, senators, and electors. It doesn't say President. President

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Speaker 1: is not included. For a very good reason. He holds

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Speaker 1: a uniquely singular position as chief executive. He takes an

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Speaker 1: oath that's different and separate from the officers of the

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Speaker 1: United States oath. So these states are writing in a

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Speaker 1: keyword that doesn't exist in the Amendment for the sole

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Speaker 1: purpose of excluding Donald Trump, aren't they?

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Speaker 3: Yeah, they are. And in fact, this is the very

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Speaker 3: heart of what I think the Supreme Court. You nailed

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Speaker 3: at what the Supreme Court is going to do. The

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Speaker 3: Supreme Court is going to say, it's going to to

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Speaker 3: give clarity that this is not an appointed officer's position.

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Speaker 3: And the reason is that they don't want to include

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Speaker 3: president and presidential elections, and that those that are running

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Speaker 3: for president is because they want this to be a

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Speaker 3: president elected by the people. And if the people choose

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Speaker 3: somebody who might have been, you know, on the wrong

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Speaker 3: side of a political issue or not, but he can

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Speaker 3: muster the votes, then that is who will govern as

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Speaker 3: president of the United States. And they foresaw that, just

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Speaker 3: as they foresaw that they shouldn't make it a you know,

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Speaker 3: you shouldn't eliminate a candidate if he has a felony.

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Speaker 3: They did that on purpose because they knew that the

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Speaker 3: executive branch would be in charge of charging people. And

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Speaker 3: what do we see. We see Joe Biden. Now there's

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Speaker 3: revelations that he had more conversations with Merrick Garland and

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Speaker 3: those in DJ and wanted DJ to go after his

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Speaker 3: political enemy. So we are living in a time in

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Speaker 3: which all rules are thrown aside. Facts don't matter, the

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Speaker 3: law doesn't matter. Right now, they have to maintain all

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Speaker 3: of this power. And why they're afraid Trump is going

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Speaker 3: to win.

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Speaker 1: Speaking of ignoring the law, let me switch subjects. Jack Smith,

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Speaker 1: a Special Council's latest court filing in the Washington DC

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Speaker 1: prosecution of Donald Trump for allegedly attempting to overturn the

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Speaker 1: election results, was given to the trial court judge on Wednesday.

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Speaker 1: Smith wants to silence Donald Trump from arguing that the

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Speaker 1: case against him is politically motivated in selective prosecution, which,

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Speaker 1: by the way, is an affirmative procedural defense that would

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Speaker 1: negate the charges. It's ironic, isn't it, Brett, that the

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Speaker 1: special counsel is accusing Trump of injecting politics into a

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Speaker 1: case that already reeks of partisan politics.

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Speaker 3: Yeah, this is no different than you know, me as

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Speaker 3: a federal prosecutor running into the courtroom on a bank

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Speaker 3: robbery case and asking the judge to not allow evidence

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Speaker 3: of an alibi on the I mean this, this is

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Speaker 3: that level of absurdity, and it's embarrassing. But at the

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Speaker 3: same time, he has a judge that he knows he

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Speaker 3: can get away with these kind of things, and so

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Speaker 3: he's pushing the envelope.

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Speaker 1: Yeah, I mean, Smith wants to be both prosecutor and

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Speaker 1: defense attorney in the same case, depriving Trump but presenting

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Speaker 1: a defense of his own, choosing shouldn't Donald Trump be

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Speaker 1: permitted to present a full picture of what happened on

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Speaker 1: January sixth, I mean, isn't that sort of fundamental.

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Speaker 3: Yes, And I'm not aware of any rule of evidence.

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Speaker 3: And you and I have both you know, we've studied those,

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Speaker 3: we've had to deal with those. There's not a rule

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Speaker 3: of evidence out there that doesn't allow for the defendant

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Speaker 3: to actually attack the government for their motivation, on their

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Speaker 3: bias in bringing you case. That's just that's the staple

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Speaker 3: of defense, to show a jury that the government has

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Speaker 3: been jaded by something so significantly that they have ignored

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Speaker 3: facts and the law, and you should rule in favor

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Speaker 3: of the defendant. That's that's sack of think to defending

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Speaker 3: an individual who's been accused of a crime.

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Speaker 1: Well, this is exactly the sort of antics that got

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Speaker 1: Jack Smith roundly spanked unanimously by the US Supreme Court

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Speaker 1: and the governor Bob McDonald case in Virginia. The guy

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Speaker 1: doesn't learn from his own errors. Brett Tolman, thanks so

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Speaker 1: much for being with us, former federal prosecutor, former US

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Speaker 1: attorney for Utah. Appreciate it. We're gonna pause, take quick

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Speaker 1: break on Greg Jarrett filling in for Sean Hannity on

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Speaker 1: the Sean Hannity Show. We'll be right back Welcome back

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Speaker 1: to the Sean Hannity Show on Greg Jarrett. We're talking about,

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Speaker 1: you know, this decision, this screwball decision by the Secretary

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Speaker 1: of State in Maine, a Democrat elected by the legislature,

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Speaker 1: to unilaterally kick Donald Trump off the presidential primary ballot

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Speaker 1: in the state of May. Joining us now on our

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Speaker 1: phone lines is stand from Washington State. Hey, Stan, how

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Speaker 1: are you happy New Year?

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Speaker 4: Hey? Thanks for taking my call.

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Speaker 1: Hell yeah, do you have a question or comment?

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Speaker 6: Yes, sir, Yeah, My question is in the main decision,

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Speaker 6: the last paragraph says that she will suspend implementing the

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Speaker 6: decision pending appeal. That's basically the same thing the Colorado

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Speaker 6: Court did. So in reporting that Trump is off the ballot,

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Speaker 6: is that not incorrect? I mean, that's an incorrect reporting,

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Speaker 6: isn't it that he's not officially off the ballot until

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Speaker 6: the Superior Court says he's off the ballot And all

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Speaker 6: these news agencies that are reporting is off the ballot

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Speaker 6: are actually reporting wrong.

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Speaker 1: Well, it's a contingency depending upon whether the Supreme Court

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Speaker 1: takes the case or lets the lower court. Well, in

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Speaker 1: this case, the Colorado Supreme Court and without you know,

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Speaker 1: making it move so it's a contingent decision.

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Speaker 6: But my question, so the second part of my question

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Speaker 6: would be, but everybody's hearing he's off the ballot, and

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Speaker 6: if words mean things, and because the Democrats and the

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Speaker 6: news media controlled the narrative, that's all they're going to

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Speaker 6: hear is that he's off Colorado ballot, He's off main ballot.

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Speaker 6: There's possibly twenty other states that are going to try

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Speaker 6: and do that.

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Speaker 1: Well, Look, the decision is firm until it's executed, depending

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Speaker 1: upon the contingency. And so yeah, I mean, I suppose

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Speaker 1: you could argue that it's not being fully reported accurately. So, Stan,

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Speaker 1: thanks for giving us a call. We're going to take

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Speaker 1: another break. We'll be right back more of the Sean

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Speaker 1: Hennity Show. I'm Greg Jarrett filling in and welcome back

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Speaker 1: to the Sean Hennity Show. I'm Greg Jarrett filling in

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Speaker 1: for Sean. I'm a Fox News legal analyst and author

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Speaker 1: of the new book just came out last month called

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Speaker 1: The Constitution of the United States and Other Patriotic Documents.

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Speaker 1: These are truly the most important speeches, addresses, letters, historic documents,

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Speaker 1: sixty five different ones throughout more than two centuries, of

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Speaker 1: America's great history, and I hope you'll pick it up

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Speaker 1: in the bookstore nearest you, or you can order it online.

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Speaker 1: You can follow me on x formerly Twitter at Greg Jarrett.

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Speaker 1: Also check out my website where you can listen to

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Speaker 1: my podcast called The Brief. The website is Thegreg Jarrett

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Speaker 1: dot Com. We've been talking about the decision by the

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Speaker 1: state of Maine following Colorado, to kick Donald Trump off

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Speaker 1: the ballot in the state of Michigan, though the Supreme

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Speaker 1: Court ruled just the opposite that Donald Trump indeed belongs

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Speaker 1: on the presidential ballot. I want to turn now to

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Speaker 1: my friend and colleague, one of the great investigative reporters

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Speaker 1: in America, John Solomon, who is editor in chief of

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Speaker 1: Just the News. It's a website you've got to begin

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Speaker 1: every day by reading. It has really the most important

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Speaker 1: news and insight of the day. And John is also

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Speaker 1: host of Just News Not Noise. You got to check

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Speaker 1: it out. So John, thanks for taking a few minutes.

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Speaker 1: A Happy New Year to you and your family. You

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Speaker 1: did an interview with former President Donald Trump right after

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Speaker 1: the Michigan Supreme Court ruled that he should be on

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Speaker 1: the presidential ballot what did Donald Trump tell you, Well.

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Speaker 4: He said, listen, it was expected that anyone who looked

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Speaker 4: at the law realizes that he can't be kicked off

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Speaker 4: the ballot if you meet all the criterion, and that

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Speaker 4: it would leave states to kick him off like Colorado,

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Speaker 4: to be a laughing stock and embarrassment to the whole world.

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Speaker 4: America used to be the democracy, the constitutional republic that

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Speaker 4: other countries looked toward as a beacon of hope and

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Speaker 4: the shining light of fairness in politics. And he worries

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Speaker 4: that things like what has happened in Colorado now Maine

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Speaker 4: will tarnish that legacy, will discourage other countries who are

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Speaker 4: looking to adopt democracy or a constitutional republic. They'll see

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Speaker 4: what's going on in America thinking that's not what America's about.

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Speaker 4: We don't want to do that anymore. So I think

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Speaker 4: he really saw it in a global sense. He feels

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Speaker 4: very confident it will be reversed, and he's not alone.

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Speaker 4: A lot most of the legal experts I've talked to

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Speaker 4: over the last week, starting with Colorado, continuing last night

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Speaker 4: to Maine, said that there are many clear avenues of

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Speaker 4: an attack that the United States Supreme Court almost certainly

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Speaker 4: will reverse these decisions that are now in Colorado and Maine.

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Speaker 4: And I think most importantly, when people look at the amendment,

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Speaker 4: the fourteenth Amendment that's being invoked here, the last line

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Speaker 4: of the amendment is pretty clear. It says that Congress

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Speaker 4: and only Congress has the right to enforce the provisions

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Speaker 4: of his amendment. That I think is going to become

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Speaker 4: a major point of contention. That says, hey, states like Colorado,

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Speaker 4: your Supreme Court, and the appointed Democrat Secretary of State

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Speaker 4: of Maine you don't have the right under this amendment

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Speaker 4: to make the determination. So I think a lot of

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Speaker 4: people are thinking is going to get reversed, and they

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Speaker 4: hope it happens quickly. But President Trump seemed pretty confident

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Speaker 4: he would win, and he was more worried about America's

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Speaker 4: reputation on the global states.

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Speaker 1: Yeah, because we look like such a banana republic for

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Speaker 1: doing this sort of thing. The upside for Trump is

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Speaker 1: that every time Democrats pull something like this, it just

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Speaker 1: angers a lot of voters, a lot of citizens who

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Speaker 1: say to them, as wait a minute, you're going to

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Speaker 1: deprive me of my constitutional right. In a democ Chris

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Speaker 1: to choose who should be president, that we're going to

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Speaker 1: leave this to four Democrats on the Supreme Court in

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Speaker 1: Colorado and a liberal Democrat Secretary of State in Maine

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Speaker 1: to decide who should be president. I mean, And every

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Speaker 1: time this happens, support for Trump seems to go up

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Speaker 1: in the polls, doesn't it.

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Speaker 4: It does, yeah, I mean, some people talk about this

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Speaker 4: as the Nelson Mandela back. Of course, very different circumstances,

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Speaker 4: different country, different time frame, but there is this general

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Speaker 4: feeling that in politics voters should get to decide and

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Speaker 4: not judges and unelected bureaucrats. And I think that that

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Speaker 4: is building this concept that between Jack Smith and his prosecutions,

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Speaker 4: the Georgia prosecution with Fonnie Willis and now these efforts

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Speaker 4: are disqualifying from the ballot, that something very Unamerican is

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Speaker 4: going on. Instead of trusting the American people to make

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Speaker 4: their choice for president, there is a power structure, an

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Speaker 4: elite power structure in America that's trying to make the

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Speaker 4: decision for the American people. And it doesn't feel right,

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Speaker 4: and it's engendering sympathy for Donald Trump. Donald Trump on

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Speaker 4: his own isn't very sympathetic. He's brash, ands tough, he

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Speaker 4: prides himself with his confidence and his toughness, but somehow

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Speaker 4: Democrats that made him very sympathetic, starting with the mud

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Speaker 4: shot and continuing through today, and I think it is

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Speaker 4: backfiring on Democrats. I've talked to a lot of Democrats

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Speaker 4: who privately say, my god, I wish we would just

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Speaker 4: stop this. We're making it easier and easier for Trump

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Speaker 4: to win. With Democrats, I think internally are having that

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Speaker 4: conversation like, wait, hey, how much further can we make

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Speaker 4: this easy for Trump? Yeah?

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Speaker 1: I mean every stupid move like trying to kick him

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Speaker 1: off the ballot, every indictment, solidifies and grows support for

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Speaker 1: Donald Trump. People see him as a victim of dirty

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Speaker 1: politics by Democrats.

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Speaker 4: Now there's this other element too, greg that you know

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Speaker 4: when you talk to polsters. There's also this curiosity like

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Speaker 4: why are so many people in Washington, which no one

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Speaker 4: likes him in Washington. Everybody lives outside of DC doesn't like,

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Speaker 4: we're trust Washington. Why are so many people in Washington

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Speaker 4: trying to keep Donald Trump off the ballot? And it's

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Speaker 4: actually created this level of intrigued like maybe he's up

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Speaker 4: to something good because the rascals I don't like in

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Speaker 4: Washington seem to want to get rid of them.

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Speaker 1: You know, that's an excellent point. That's a great point, John.

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Speaker 1: You also spoke with Donald Trump about the latest court

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Speaker 1: filing from Special Counsel Jack Smith, in which you know,

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Speaker 1: the special Council asked the Washington d c. Judge who's

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Speaker 1: hyper biased, to prevent Trump from arguing in court that

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Speaker 1: he's the victim of selective prosecution and to prevent him

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Speaker 1: from quote injecting partisan political attacks into the case. Specifically,

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Speaker 1: you know, Smith, Smith wants to preclude any evidence of

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Speaker 1: security and intelligence failures by the Capitol Police other DC

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Speaker 1: officials that allow the riots to unfold. But John, isn't

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Speaker 1: it true, as you've reported in depth, that there is

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Speaker 1: documentary and testimonial evidence that those failures occurred.

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Speaker 4: Yeah, absolutely, starting with Congressman Rodney Davis a year ago,

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Speaker 4: and continuing this year was Congressman Laudermilk, the chairman of

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Speaker 4: the House Administration's Oversight Subcommittee. Really strong evidence has emerged,

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Speaker 4: and it's documentary evidence, it's testimonial evidence, it's contemporaneous documents.

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Speaker 4: What does it show. It shows Capitol Police made several blunderers,

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Speaker 4: beginning with the fact that their own intelligence division knew

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Speaker 4: that there were very serious, actionable intelligence suggesting that January

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Speaker 4: sixth is going to be violent. They didn't pass that

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Speaker 4: up the chain so that the proper security posture could

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Speaker 4: be set up that day. Secondly, the Capitol Police chief

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Speaker 4: wanted the National Guard to be there. He was turned

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Speaker 4: down by the Capitol Police sport, which reported at that

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Speaker 4: time to Nancy Pelosi. But even more importantly, you see

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Speaker 4: the Pentagon offered on January third. There is a Capitol

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Speaker 4: Police document. One of a few reporters who been able

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Speaker 4: to get this Capitol Police timeline clearly shows that on

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Speaker 4: January third that the Pentagon, the Trump Pentagon, called the

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Speaker 4: Capitol Police and said, don't you want the National Guard?

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Speaker 4: If so, let us know, we want to send it

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Speaker 4: to you. So they actually took the initiative to try

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Speaker 4: to convince Capitol Police to take the National Guard. The

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Speaker 4: Capitol Police wanted it, the Nancy Pelosi political infrastructure in

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Speaker 4: the Capitol turned it down. And you take those two episodes,

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Speaker 4: and I've asked almost every security expert who's looked at

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Speaker 4: all the new evidence. Was January sixth preventable? And the

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Speaker 4: answer is yes, If the intelligence had been active on

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Speaker 4: if the security poster had been changed, if the riot

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Speaker 4: gear had been accessible instead of locked in a bus

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Speaker 4: that no one could find the keys for, if the

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Speaker 4: National Guard had been deployed, almost certainly the Capitol wouldn't

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Speaker 4: have been overrun. That's what the experts say, including the

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Speaker 4: police chief who presided that day. Stephen Son, who can

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Speaker 4: on my TV show and raidershow recently said January sixth month,

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Speaker 4: now we now know it was a preventable episode. Donald

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Speaker 4: Trump wants to be able to posit that and say, listen,

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Speaker 4: I tried to tell people to go there peacefully. The

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Speaker 4: Capitol police got overrun, not because of my words and actions,

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Speaker 4: but because of the incompetence of the security structure. And

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Speaker 4: Jack Smith says, I don't want to let the president

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Speaker 4: go there. I don't want that let that potentially exculpatory

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Speaker 4: evidence ever reached the jury.

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Speaker 1: So Smith, as special counsel, doesn't want the jury to

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Speaker 1: see the full picture of what happened on January sixth.

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Speaker 1: In his prosecution of Trump over January sixth.

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Speaker 4: He specifically says he doesn't want any of the security

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Speaker 4: failure issues to be brought before the jury. Thinks it's prejudicial.

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Speaker 4: A lot of people say, well, that's exculpatory, that's Brady evidence.

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Speaker 4: That's something that in our court system we always allow

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Speaker 4: defenders to bring to their defense and put before the jury.

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Speaker 4: Jacksmith says, I don't want any of that. I consider

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Speaker 4: that to be politics. It's going to be very interesting.

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Speaker 4: Jack Smith has a lot of issues to litigate. The

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Speaker 4: evidence will become later. I think the ammenity issues are

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Speaker 4: first and the free speech issues are first, But at

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Speaker 4: some point these issues and what he's trying to do

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Speaker 4: the trial system, what he's trying to keep to the

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Speaker 4: journy not only going to be interesting to the appellate

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Speaker 4: Court and the Supreme Court potentially. It's another example that

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Speaker 4: reinforces in a lot of everyday Americans minds something weird

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Speaker 4: going on. We always let defendants put on exculpatory evidence.

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Speaker 4: Why don't they want Donald Trump to put on an

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Speaker 4: exculpatory defense.

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Speaker 1: Because Smith wants to really skip the trial or have

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Speaker 1: just sort of a nominal trial and move right to

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Speaker 1: the hanging, you know. I mean, that's what Special Counsel

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Speaker 1: Jack Smith is all about. And it's one of the

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Speaker 1: reasons why the US Supreme court unanimously overturned his prosecution

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Speaker 1: of Governor Bob McDonald, but it was too late. I

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Speaker 1: mean Smith single handedly ruined the life of Bob McDonald financially, personally, politically.

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Speaker 4: Yeah, he was a guy on a lot of people shortlist,

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Speaker 4: maybe a VP candidate someday. Some people saw him as

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Speaker 4: a presidential candidate. He had the military background, the successful

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Speaker 4: record in Virginia, and Jack Smith took him out and

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Speaker 4: never he never recovered politically, even though he ultimately had

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Speaker 4: his innocence re established. But this is the sort of

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Speaker 4: concern and when we talk about weaponization of the Justice Department,

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00:27:25,720 --> 00:27:27,760
Speaker 4: and you know, it's sort of become a political term

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00:27:27,800 --> 00:27:30,840
Speaker 4: now and people clay other eyes stays over depending on

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00:27:31,000 --> 00:27:33,159
Speaker 4: what side of the political or Ireland. But this is

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00:27:33,160 --> 00:27:36,159
Speaker 4: the sort of consequences we're driving people who could be

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00:27:36,640 --> 00:27:39,760
Speaker 4: future leaders of the country out on charges that don't

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00:27:39,800 --> 00:27:42,120
Speaker 4: stand up, that don't hold up. It happened to Eric

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00:27:42,160 --> 00:27:45,159
Speaker 4: Britons in Missouri. He got kicked out as governor and

441
00:27:45,200 --> 00:27:48,280
Speaker 4: it turned out the entire case brought by a sorresponded prosecutor,

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00:27:48,520 --> 00:27:51,760
Speaker 4: the evidence never existed as charged in the indictment that

443
00:27:51,840 --> 00:27:54,880
Speaker 4: got reversed. In the prosecutor ultimately got punished, but Eric

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00:27:54,920 --> 00:27:58,840
Speaker 4: Britons never recovered politically either. The choices that Americans are

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00:27:58,880 --> 00:28:02,520
Speaker 4: having too for their political leaders are being thwarted, are

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00:28:02,560 --> 00:28:06,680
Speaker 4: being shrunk by a political elite establishment in the Justice Department,

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00:28:07,119 --> 00:28:10,160
Speaker 4: in these local prosecutors. And I think that's why Americans

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00:28:10,160 --> 00:28:13,560
Speaker 4: are so concerned. That's what weaponization ultimately does. It thwarts

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00:28:13,600 --> 00:28:16,359
Speaker 4: Americans from making the choices they want to make for

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00:28:16,520 --> 00:28:18,800
Speaker 4: elections in their political leadership. Yeah.

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Speaker 1: And so you've got unscrupulous, unprincipled prosecutors who are more

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00:28:26,280 --> 00:28:32,439
Speaker 1: than willing to they won't hesitate to manipulate the law

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00:28:32,720 --> 00:28:38,040
Speaker 1: and contort the facts to achieve the prosecutorial goal that

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00:28:38,160 --> 00:28:43,560
Speaker 1: they want, regardless of innocence. I mean, that's really what's

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Speaker 1: going on here.

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00:28:45,120 --> 00:28:48,960
Speaker 4: I had I just recently retired Fbig, who worked a

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00:28:48,960 --> 00:28:52,960
Speaker 4: couple of cases in the chair, including Russia inclusion, say

458
00:28:53,000 --> 00:28:55,440
Speaker 4: to me that what concerned him more than anything was

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00:28:55,480 --> 00:28:58,560
Speaker 4: that winning mattered more than the fair administration of justice,

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00:28:59,040 --> 00:29:01,240
Speaker 4: and that all of the saying and script it on

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00:29:01,400 --> 00:29:04,800
Speaker 4: the building at the Justice Department, all of the principles

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00:29:04,880 --> 00:29:08,600
Speaker 4: enshrined in the Constitution, or being thrown aside just to

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00:29:08,600 --> 00:29:11,360
Speaker 4: score political wins. And it said it turned to stomach units.

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00:29:11,840 --> 00:29:13,960
Speaker 4: Couldn't be part of that operation anymore.

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Speaker 1: It is the duty of a prosecutor to see that

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00:29:17,520 --> 00:29:22,760
Speaker 1: justice is done, not to rack up a prosecutorial win.

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Speaker 1: John Solomon, just the news, John, thanks so much. Have

468
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Speaker 1: a happy new year. We'll be right back.

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Speaker 7: Fren Immigration, jobs, healthcare, the news, you care about it

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Speaker 1: You're at filling in for Sean. Let's go directly to

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Speaker 1: our phone lines. Joining us from Virginia is Jim. Jim,

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00:30:55,840 --> 00:30:58,280
Speaker 1: you know, Happy New Year, and thanks for being with us.

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00:30:58,400 --> 00:30:59,880
Speaker 1: We got about a minute here, so you got to

494
00:30:59,880 --> 00:31:01,640
Speaker 1: be quick. What's your question or comment?

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00:31:02,200 --> 00:31:05,640
Speaker 8: Thank you, Greg, and great topics today. I always appreciate

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00:31:05,680 --> 00:31:08,880
Speaker 8: your legal insight. I'm a fellow lawyer and I always

497
00:31:08,920 --> 00:31:12,480
Speaker 8: agree with you, so that's good. Uh just wondered in

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00:31:12,560 --> 00:31:15,200
Speaker 8: the Alvin Bragg case, one of one of the earliest

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00:31:15,480 --> 00:31:20,160
Speaker 8: examples of prosecutorial abuse, where the you know, New York

500
00:31:20,520 --> 00:31:25,040
Speaker 8: City District attorney brought uh state criminal charges on a

501
00:31:25,080 --> 00:31:29,080
Speaker 8: civil matter, tried to boost strap federal charges, but Governor

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00:31:29,120 --> 00:31:32,320
Speaker 8: DeSantis of Florida immediately said he would not cooperate in

503
00:31:32,360 --> 00:31:35,520
Speaker 8: any extradition proceedings. And I've always thought that the Trump

504
00:31:35,600 --> 00:31:39,640
Speaker 8: legal team and Trump should have fought extradition and it

505
00:31:39,680 --> 00:31:42,840
Speaker 8: would have got that case elevated the federal court immediately,

506
00:31:43,320 --> 00:31:47,880
Speaker 8: maybe a decision on jurisdiction and standing, those sorts of things.

507
00:31:47,920 --> 00:31:51,480
Speaker 8: And but but Trump waived extradition, and uh, you know,

508
00:31:51,560 --> 00:31:55,120
Speaker 8: appeared in court, and now you've got it starting at

509
00:31:55,160 --> 00:31:56,960
Speaker 8: the lowest level. Is going to have to work its

510
00:31:56,960 --> 00:31:59,000
Speaker 8: way out. But I just I just always know what

511
00:31:59,080 --> 00:31:59,920
Speaker 8: you thought about that.

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00:32:00,560 --> 00:32:04,040
Speaker 1: Listen, you're making a great procedural point. He could have

513
00:32:04,080 --> 00:32:05,800
Speaker 1: done that, but I think he looked at the larger

514
00:32:05,880 --> 00:32:09,440
Speaker 1: picture and that it would appear to be to voters

515
00:32:09,960 --> 00:32:14,560
Speaker 1: that he you know, he doesn't want to face the charges,

516
00:32:14,640 --> 00:32:17,760
Speaker 1: and I think he does because he knows those charges

517
00:32:17,800 --> 00:32:22,920
Speaker 1: are completely bogus, and they are. I'm Greg Jarrett filling

518
00:32:22,960 --> 00:32:25,480
Speaker 1: in for Sean Hennity on the Sean Hannity Show. We'll

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00:32:25,480 --> 00:32:26,080
Speaker 1: be right back