WEBVTT - What We Might Learn in the Affidavit for Trump Search

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<v Speaker 1>This is Bloomberg Law with June Bresso from Bloomberg Radio.

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<v Speaker 1>Much of our work is by necessity conducted out of

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<v Speaker 1>the public eye. We do that to protect the constitutional

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<v Speaker 1>rights of all Americans and to protect the integrity of

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<v Speaker 1>our investigations. Despite the intention of Attorney General Merrick Garland

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<v Speaker 1>and the Justice Department to keep secret the details of

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<v Speaker 1>its investigation and unprecedented search of former President Donald Trump's

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<v Speaker 1>Moral Lago estate, the federal judge who approved the search

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<v Speaker 1>warrant has other ideas. US Magistrate Judge Bruce Reinhardt ruled

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<v Speaker 1>that portions of the FBI affidavit used to secure the

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<v Speaker 1>search warrant should be unsealed, and he gave the government

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<v Speaker 1>until noon on Thursday to propose what information in the

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<v Speaker 1>affidavit should be kept secret. Joining me as former federal

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<v Speaker 1>prosecutor Jennifer Rogers electure at Columbia Law School, Jennifer, are

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<v Speaker 1>you surprised that the judge has decided to release parts

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<v Speaker 1>of that FBI affidavit? Yes, I was really surprised. I,

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<v Speaker 1>along with basically every other legal commentator I saw, I

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<v Speaker 1>thought that there was virtually no chance the judge would

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<v Speaker 1>do that. I guess the judge was just convinced here

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<v Speaker 1>that there's such great public interest in this that, assuming

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<v Speaker 1>it can be properly redacted, the public ought to be

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<v Speaker 1>able to see portions of it. So now the big

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<v Speaker 1>question turns to what redactions will the judge except from

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<v Speaker 1>d o J. Just how unusual is it to unseal

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<v Speaker 1>an affidavit while the investigation is still going on. It's

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<v Speaker 1>very unusual, and usually it's because the person whose property

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<v Speaker 1>has been searched has no interest in the public learning

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<v Speaker 1>about that and learning about the investigations that is likely

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<v Speaker 1>targeting that person, So you know, you don't typically have

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<v Speaker 1>people wanting these things publicly released. This, of course, is

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<v Speaker 1>a unique situation where Trump wants to try to turn

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<v Speaker 1>it to his advantage and claim he's being targeted and

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<v Speaker 1>so on. So that's why we are where we are.

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<v Speaker 1>And also, of course Trump isn't the party that moves

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<v Speaker 1>to unseal. It was media organizations. Media doesn't typically care

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<v Speaker 1>about your average search warrants explain what kind of information

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<v Speaker 1>normally goes into an affidavits supporting a search want request,

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<v Speaker 1>So it's not the entire investigation necessarily, but what it

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<v Speaker 1>has to do is established probable cause that at least

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<v Speaker 1>one crime has been committed and that evidence of that

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<v Speaker 1>crime can be found at the scene that is to

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<v Speaker 1>be searched. So they have to go through the information

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<v Speaker 1>that leads to that conclusion. So in this case, I

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<v Speaker 1>assume that it goes through however they learned that there

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<v Speaker 1>were potentially documents that should not have been at Mara

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<v Speaker 1>Lagos there. It likely goes through the negotiations with Trump's team,

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<v Speaker 1>the back and forth that they had the boxes that

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<v Speaker 1>worst these by National Archives. However, they determined that there

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<v Speaker 1>were still things outstanding, the further negotiations, the subpoena, and

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<v Speaker 1>then ultimately, however, they reached a conclusion that there still

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<v Speaker 1>were items outstanding that were likely at Moral Lago That

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<v Speaker 1>may include statements from witnesses who saw documents there. It's

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<v Speaker 1>essentially the evidence that establishes to a judge of satisfaction

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<v Speaker 1>not be under reasonable doubt, not even by a preponderance,

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<v Speaker 1>but at least that there's probable cause to believe this

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<v Speaker 1>crime has been committed and you can find the evidence there.

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<v Speaker 1>And importantly, it has to be that the evidence is

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<v Speaker 1>there at the time they're going to search. It can't

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<v Speaker 1>be at one time there was evidence there. It has

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<v Speaker 1>to be fairly fresh. J. Brad, the Justice Department's counter

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<v Speaker 1>intelligence chief, argued that the ongoing investigation would be severely compromised,

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<v Speaker 1>including the names of agents and witnesses, and that there

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<v Speaker 1>was a threat of possible obstruction and interference in the investigation.

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<v Speaker 1>In a case where the judge has already found probable

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<v Speaker 1>cause that there's a violation of one of the obstruction statutes.

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<v Speaker 1>That sounds pretty convincing to me at least. Yeah, I mean,

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<v Speaker 1>and that's why it's so critical what the judge does

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<v Speaker 1>with the request for redaction, because you know, there's really

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<v Speaker 1>no point in releasing a document if virtually everything in

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<v Speaker 1>it is redacted and you can't learn anything. I mean,

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<v Speaker 1>that doesn't assist the public and this matter of great importance,

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<v Speaker 1>as the judge has determined. On the other hand, I

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<v Speaker 1>think the judge should take seriously the Justice Department's concerns

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<v Speaker 1>about its investigation and the integrity of the investigation, and

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<v Speaker 1>of course the safety of most primarily witnesses, not just

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<v Speaker 1>their safety, but that they should not be tampered with,

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<v Speaker 1>of course, So you know, weighing all of that, the

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<v Speaker 1>question is how extensive. Will the redactions speak? You know,

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<v Speaker 1>there's some information in the public already about these negotiations

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<v Speaker 1>between Trump's team and the National Archives and then eventually

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<v Speaker 1>the FBI. Some of that seems like it could come

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<v Speaker 1>out and not be redacted. That would be safe. You know.

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<v Speaker 1>The things I expect to be redacted are whatever source

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<v Speaker 1>information they received that these documents are still at Moral

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<v Speaker 1>Lago and exactly where they are. That's the sort of

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<v Speaker 1>information you would think would be redacted. And then of

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<v Speaker 1>course anything else sensitive that they think would jeopardize the

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<v Speaker 1>ongoing nature of the investigation will likely be redacted to

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<v Speaker 1>But I expect they can release some of this, particularly

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<v Speaker 1>about the back and forth with Team Trump and his

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<v Speaker 1>lawyers and the National Archives and SBI. I think we'll

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<v Speaker 1>see some of that. Do you think we'll learn more

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<v Speaker 1>about the classified documents that they were looking for. That's

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<v Speaker 1>an interesting question. I certainly who were certainly not going

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<v Speaker 1>to see any information that's specific enough that itself is classified.

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<v Speaker 1>You know, In other words, we're not going to hear, oh,

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<v Speaker 1>it's a cable that talks about you know, Russia's nuclear

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<v Speaker 1>program and says that it's you know, X, Y and

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<v Speaker 1>Z but would the judge entertain releasing some gen neural

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<v Speaker 1>information about the nature of the documents? Um, I'm not sure.

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<v Speaker 1>I mean maybe if the judge determines that that that

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<v Speaker 1>information doesn't jeopardize the investigation. I mean, that seems to

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<v Speaker 1>be where he will likely draw the line. So we

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<v Speaker 1>could learn more, but it'll be fairly general. The judge

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<v Speaker 1>gave the Justice Department a week to propose what information

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<v Speaker 1>the documents should be kept secret, and he said he'll

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<v Speaker 1>propose his own redactions if he disagrees with their. So

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<v Speaker 1>is he trying to send a message to them, don't

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<v Speaker 1>redact everything, or I'm going to do my own stuff. Oh?

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<v Speaker 1>Of course, of course he's saying, be reasonable, you know,

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<v Speaker 1>don't send me a document that that redacts everything except

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<v Speaker 1>the the BUZ and the a's in the end, you know,

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<v Speaker 1>the articles. Um, so sure he's saying, don't do this,

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<v Speaker 1>but you know they should be reasonable anyway, you know.

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<v Speaker 1>And and I suspect, you know, what usually happens is

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<v Speaker 1>the o J is a little bit too conservative and

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<v Speaker 1>the judge may push back a little bit. So you

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<v Speaker 1>know what, we'll have to see what we end up with.

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<v Speaker 1>I mean, hopefully the public will be able to learn

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<v Speaker 1>a bit more without jeopardizing the investigation or any of

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<v Speaker 1>the witnesses. I mean, I think that's what all of

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<v Speaker 1>us wants. What does it tell you that one of

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<v Speaker 1>Trump's attorneys attended the court hearing but declined to comment

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<v Speaker 1>other than to say Trump wants the affidavit unsealed. So

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<v Speaker 1>it's interesting. So, of course Trump has been saying for

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<v Speaker 1>days that he wants the affidavit unsealed. But my view

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<v Speaker 1>is he doesn't really want it unsealed. He wants to

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<v Speaker 1>see it because he wants to identify people who have

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<v Speaker 1>provided information to the government against him. But does he

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<v Speaker 1>really want it fully unsealed? Does he really want the

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<v Speaker 1>public to be able to see the basis for the

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<v Speaker 1>probably cause to believe that crimes have been committed? In

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<v Speaker 1>evidence of those crimes, you know, is at Mara Lago,

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<v Speaker 1>I don't think so. So. I think the reason that

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<v Speaker 1>he had a lawyer there but didn't actually make a

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<v Speaker 1>formal legal filing calling for the unsealing, joining in the

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<v Speaker 1>media's request really shows that he actually doesn't want it

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<v Speaker 1>in public, He just wants to know within it. Now,

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<v Speaker 1>he said he'd allow the government time to appeal his ruling.

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<v Speaker 1>Is that something you think the Justice Department might actually

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<v Speaker 1>do appeal? I think they might appeal if in the

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<v Speaker 1>end they feel that the judge's ruling releases too much information.

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<v Speaker 1>So we'll we'll have to wait and see what the

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<v Speaker 1>outcome of that is. But yet, certainly, if they think

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<v Speaker 1>that their investigation is jeopardized, or certainly any classified material

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<v Speaker 1>is jeopardized by what the judge wants to be released,

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<v Speaker 1>I think they will appeal. Thanks Jennifer. That's former federal

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<v Speaker 1>prosecutor Jennifer Rogers. We will not talk about this until

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<v Speaker 1>it's over. It's a grand jury and grand juries, as

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<v Speaker 1>I recall, a secret Rudy Giuliani appeared before the Georgia

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<v Speaker 1>grand jury investigating criminal efforts to overturn the election on Wednesday.

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<v Speaker 1>Giuliani was told that he's now target of the investigation

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<v Speaker 1>that Fulton County District Attorney Fannie Willis has been conducting

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<v Speaker 1>for more than a year. We're gonna look at everything

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<v Speaker 1>until that investigation is complete. It's not known what Giuliani

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<v Speaker 1>said in his six hours in the closed door session,

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<v Speaker 1>but he made several appearances before Georgia lawmakers promoting conspiracy

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<v Speaker 1>theories and claiming that he had evidence of widespread voter fraud.

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<v Speaker 1>You can see them counting the ballots more than once, two, three, four,

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<v Speaker 1>or five times. You would have to be a moron

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<v Speaker 1>not to realize if that voter fraud. Joining me is

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<v Speaker 1>Elizabeth Widra, president of the Constitutional Accountability Center. Rudy Giuliani

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<v Speaker 1>was told by Atlanta prosecutors that he's a target in

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<v Speaker 1>their investigation. Is it unusual to call a target to

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<v Speaker 1>testify before the grand jury? Why would he answer any

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<v Speaker 1>questions when he's the target? Well, I think that's a

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<v Speaker 1>very good question. You know, if you are called before

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<v Speaker 1>a grand jury, you can be called as a witness,

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<v Speaker 1>you know, simply a material witness, or you can be

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<v Speaker 1>called as a target. And we understand that he is

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<v Speaker 1>a target, and that means that the grand jury and

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<v Speaker 1>the prosecutor likely have substantial evidence that linked him to

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<v Speaker 1>a crime, and he could very likely be charged. So

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<v Speaker 1>I think there is a very very strong likelihood that

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<v Speaker 1>he invoked the Fifth Amendment privilege against self incrimination and

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<v Speaker 1>declined to answer questions. You know, he could have also

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<v Speaker 1>tried to put forth this attorney client privilege, but I

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<v Speaker 1>don't think that really would relate to most of the

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<v Speaker 1>questions of allegations of crime, because they simply weren't taking

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<v Speaker 1>place in conversations between him and Donald Trump. And also

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<v Speaker 1>there's a client fraud exception to the attorney client privilege,

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<v Speaker 1>which doesn't allow you to assert that privilege over fraudulent

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<v Speaker 1>criminal conversation. On his podcast on Monday, Giuliani said, quote,

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<v Speaker 1>as I recall correctly, I appeared in Georgia as attorney

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<v Speaker 1>for Donald J. Trump, So I'm going to be prosecuted

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<v Speaker 1>for what I did as an attorney. Does that theory

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<v Speaker 1>make sense to you? No, it doesn't make a lot

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<v Speaker 1>of sense. You know, it's unclear whether Julian was on

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<v Speaker 1>a mission from Trump as his attorney in George or not.

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<v Speaker 1>But the real gist of the matter is when he

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<v Speaker 1>was making these public statements that the you know, for example,

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<v Speaker 1>to the Georgia send a judiciary committee hearing about election integrity,

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<v Speaker 1>you know, in which he spread conspiracy theories about what

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<v Speaker 1>he referred to his widespread irregularities, which there's been absolutely

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<v Speaker 1>no evidence bound that that has any merit whatsoever. You know,

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<v Speaker 1>whether those are part of an unlawful, coordinated attempt to

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<v Speaker 1>alter the outcome of the elections, and that's not protected

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<v Speaker 1>by any type of attorney relationship. If Juliani made statements

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<v Speaker 1>at legislative hearings in Georgia falsely claiming that there have

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<v Speaker 1>been widespread voter products, so he testified before the grand

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<v Speaker 1>jury for about six hours, does that length of time

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<v Speaker 1>mean that he didn't take the fifth for every question

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<v Speaker 1>or didn't invoke attorney client privilege, or could it take

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<v Speaker 1>that long just to have them ask questions and answer?

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<v Speaker 1>In other words, does the time tell us anything? The

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<v Speaker 1>time doesn't necessarily tell us what happened. You know, he

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<v Speaker 1>could very well have pleaded the fifth to every question

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<v Speaker 1>and they simply had six hours worth with breaks, of course,

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<v Speaker 1>a question to ask him, because very frequently prosecutors who

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<v Speaker 1>are investigators will continue to ask the questions even if

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<v Speaker 1>they know that the witness is going to invocus fifth,

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<v Speaker 1>and so you know, it definitely does go faster than

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<v Speaker 1>if the witness gave a full answer to the questions.

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<v Speaker 1>It nonetheless does take quite a bit of time. Among

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<v Speaker 1>the potential crimes that the d. A. Willis is investigating

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<v Speaker 1>is making false statements to state and local government bodies,

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<v Speaker 1>as well as solicitation of election fraud and conspiracy. Since

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<v Speaker 1>Giuliani's statements before Georgia lawmakers have been proven, does it

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<v Speaker 1>seem like it would be difficult for him to get

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<v Speaker 1>around a charge of making false statements to state government bodies. Right,

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<v Speaker 1>And that's why in some ways claims about attorney client privilege,

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<v Speaker 1>you know, don't really make sense in this instance, because

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<v Speaker 1>Juliani was making public comments. They were during a legislative

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<v Speaker 1>committee hearing. They have been televised, you know, we've seen

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<v Speaker 1>the tape. So these statements are out there, and the

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<v Speaker 1>fact that they are false is incredibly well known, even

0:13:30.000 --> 0:13:33.000
<v Speaker 1>if some people continue to refuse to accept that truth.

0:13:33.240 --> 0:13:35.920
<v Speaker 1>And so we know that the scope of the investigation

0:13:36.240 --> 0:13:39.560
<v Speaker 1>that D. A. Willis is undertaking includes the call between

0:13:39.800 --> 0:13:43.760
<v Speaker 1>Trump and Rappensburger, which call between Rappensburger and Senator Graham,

0:13:44.080 --> 0:13:48.000
<v Speaker 1>and also include these false comments made by Juliani. And

0:13:48.080 --> 0:13:51.120
<v Speaker 1>so given that it is so clear cut, it could

0:13:51.200 --> 0:13:55.200
<v Speaker 1>be an important first step for this investigation to charge

0:13:55.240 --> 0:13:58.560
<v Speaker 1>Juliani and then go from there. You know, I think

0:13:58.600 --> 0:14:01.360
<v Speaker 1>also it would be in a important steps for the

0:14:01.480 --> 0:14:06.160
<v Speaker 1>nation because we have continually heard these false claims of

0:14:06.200 --> 0:14:10.120
<v Speaker 1>election abroad about the twenty elections. They've been said over

0:14:10.200 --> 0:14:13.600
<v Speaker 1>and over publicly by Donald Trump and his allies without

0:14:13.640 --> 0:14:16.880
<v Speaker 1>really any consequence or accountability, And so I think to

0:14:17.040 --> 0:14:21.920
<v Speaker 1>have some actual accountability attached to those false statements could

0:14:22.000 --> 0:14:25.320
<v Speaker 1>be a way of finally getting more people on board

0:14:25.360 --> 0:14:28.400
<v Speaker 1>with the actual truth that there wasn't wide spread election

0:14:28.480 --> 0:14:31.200
<v Speaker 1>fraud of the twenty twenty election. And so I think

0:14:31.600 --> 0:14:34.760
<v Speaker 1>charging Giuliani for those false statements would be an important

0:14:34.840 --> 0:14:37.840
<v Speaker 1>step in the d A investigation and could be an

0:14:37.840 --> 0:14:41.320
<v Speaker 1>important step for the country as well. Atlanta prosecutors have

0:14:41.400 --> 0:14:46.120
<v Speaker 1>also told sixteen Trump fake electors that their targets. But

0:14:46.320 --> 0:14:51.200
<v Speaker 1>this focus on Giuliani brings that investigation right into Trump's

0:14:51.240 --> 0:14:55.240
<v Speaker 1>inner circle. Giuliani went from being a material witness to

0:14:55.280 --> 0:14:59.320
<v Speaker 1>being a target. So is Trump far behind or is

0:14:59.360 --> 0:15:01.880
<v Speaker 1>that a bridge to far? You know, We certainly don't know.

0:15:01.960 --> 0:15:05.200
<v Speaker 1>We can speculate based on what the DA is investigating.

0:15:05.240 --> 0:15:08.760
<v Speaker 1>And one of the things she is specifically investigating is

0:15:08.960 --> 0:15:13.440
<v Speaker 1>a phone call between Donald Trump himself and Wrapping Burger.

0:15:13.640 --> 0:15:17.160
<v Speaker 1>And so if that particular call is part of the

0:15:17.200 --> 0:15:21.560
<v Speaker 1>scope of the investigation, obviously that directly involves Trump. And

0:15:21.640 --> 0:15:24.600
<v Speaker 1>so I think that if I were Donald Trump, I

0:15:24.600 --> 0:15:28.760
<v Speaker 1>would continue to be nervous about this investigation. Willis has

0:15:28.760 --> 0:15:32.880
<v Speaker 1>said that the investigation could result in a multi defendant

0:15:33.120 --> 0:15:38.880
<v Speaker 1>racketeering or conspiracy case. She's brought rico cases before, and

0:15:38.920 --> 0:15:41.480
<v Speaker 1>so does it seem like the time that she's taking

0:15:41.600 --> 0:15:45.240
<v Speaker 1>and the people that she's calling in before the grand

0:15:45.320 --> 0:15:49.440
<v Speaker 1>jury lead to a conclusion that it's a bigger case

0:15:49.560 --> 0:15:53.960
<v Speaker 1>than we might have anticipated when she started. Yes, well,

0:15:54.000 --> 0:15:56.840
<v Speaker 1>I think that that often happens with grand juries, because

0:15:57.240 --> 0:15:58.760
<v Speaker 1>you know, part of the reason you have a grand

0:15:58.800 --> 0:16:02.520
<v Speaker 1>jury when you're engaged an investigation is to have the

0:16:02.560 --> 0:16:07.760
<v Speaker 1>authority to subpoena witnesses and information because there are limits

0:16:07.800 --> 0:16:10.920
<v Speaker 1>to getting people to willingly participate in your investigation. Is

0:16:11.040 --> 0:16:14.480
<v Speaker 1>so very frequently after you and panel a grand jury,

0:16:14.560 --> 0:16:16.960
<v Speaker 1>you will learn new things. So I think that it

0:16:17.000 --> 0:16:21.560
<v Speaker 1>would be not surprising at all if her investigation did

0:16:21.640 --> 0:16:26.240
<v Speaker 1>continue to turn up additional evidence of criminal activity and

0:16:26.320 --> 0:16:31.400
<v Speaker 1>unlawful activity. Willis has said that the investigation could result

0:16:31.560 --> 0:16:36.680
<v Speaker 1>in a multidefendant racketeering or conspiracy case. She's brought rico

0:16:36.840 --> 0:16:40.880
<v Speaker 1>cases before, and so does it seem like the time

0:16:40.960 --> 0:16:44.440
<v Speaker 1>that she's taking and the people that she's calling in

0:16:44.840 --> 0:16:48.960
<v Speaker 1>before the grand jury lead to a conclusion that it's

0:16:49.000 --> 0:16:54.880
<v Speaker 1>a bigger case than we might have anticipated when she started. Yes, well,

0:16:54.920 --> 0:16:57.760
<v Speaker 1>I think that that often happens with grand juries because

0:16:58.440 --> 0:16:59.960
<v Speaker 1>you know, part of the reason you have a grand

0:17:00.040 --> 0:17:03.720
<v Speaker 1>jury when you're engaged in investigation is to have the

0:17:03.760 --> 0:17:08.720
<v Speaker 1>authority to subpoena witnesses and information because you know there

0:17:08.760 --> 0:17:12.440
<v Speaker 1>are limits to getting people to willingly participate in your investigation.

0:17:12.480 --> 0:17:16.080
<v Speaker 1>Is so very frequently after you and panel a grand jury,

0:17:16.160 --> 0:17:18.560
<v Speaker 1>you will learn new things. So I think that it

0:17:18.600 --> 0:17:23.240
<v Speaker 1>would be, um, not surprising at all if her investigation

0:17:23.640 --> 0:17:28.440
<v Speaker 1>did continue to turn up additional evidence of criminal activity

0:17:28.480 --> 0:17:34.080
<v Speaker 1>and unlawful activity. And um, we know that just from

0:17:34.119 --> 0:17:38.040
<v Speaker 1>the January six committee hearings that there were a lot

0:17:38.080 --> 0:17:43.440
<v Speaker 1>of tentacles to this effort to Keith Donald Trump empowered

0:17:43.480 --> 0:17:47.399
<v Speaker 1>despite the votes in the election. And you know in

0:17:47.400 --> 0:17:52.120
<v Speaker 1>Georgia in particular, President Biden one by nearly twelve thousand bots. Um.

0:17:52.240 --> 0:17:55.760
<v Speaker 1>So you know, it wouldn't be surprising if the grand

0:17:55.800 --> 0:18:01.560
<v Speaker 1>jury investigation turned up additional evidence and the tard Its group,

0:18:02.720 --> 0:18:05.800
<v Speaker 1>as you mentioned Senator Lindsey Graham and also to other

0:18:05.880 --> 0:18:10.680
<v Speaker 1>lawyers who represented Trump during the election, tried to challenge

0:18:10.720 --> 0:18:14.600
<v Speaker 1>the subpoenas. Graham was turned down and Jenna Ellis, the

0:18:14.600 --> 0:18:17.720
<v Speaker 1>attorney was turned down John Eastman, it's still up in

0:18:17.760 --> 0:18:22.479
<v Speaker 1>the air. The judge is not being intimidated or playing

0:18:22.480 --> 0:18:26.080
<v Speaker 1>around with this, neither is the d A. Is it

0:18:26.200 --> 0:18:30.919
<v Speaker 1>unusual to have these national figures being called to a

0:18:31.000 --> 0:18:35.200
<v Speaker 1>grand jury by a county d A. So there's there's

0:18:35.320 --> 0:18:38.520
<v Speaker 1>very little that is normal about this, but it is,

0:18:38.920 --> 0:18:44.040
<v Speaker 1>I would say appropriate. You have state and local laws

0:18:44.160 --> 0:18:50.000
<v Speaker 1>that apply to everyone, whether you're you know, powerful or

0:18:50.040 --> 0:18:55.199
<v Speaker 1>power less, whether you're um infamous statist or just a

0:18:55.280 --> 0:18:59.160
<v Speaker 1>regular person, and you know it. So this is very

0:18:59.240 --> 0:19:02.840
<v Speaker 1>unusual because we have this coordinated effort going up to

0:19:02.920 --> 0:19:06.760
<v Speaker 1>the former president of the United States to overturn the

0:19:06.800 --> 0:19:10.040
<v Speaker 1>will of the people, and it happens to be centered

0:19:10.119 --> 0:19:13.119
<v Speaker 1>in Fulton County, Georgia. But in many ways, you know,

0:19:13.160 --> 0:19:16.479
<v Speaker 1>the president and his allies took the fight to Sultan

0:19:16.560 --> 0:19:22.119
<v Speaker 1>County by making these unsubstantiated claims of election of fraud

0:19:22.359 --> 0:19:25.199
<v Speaker 1>that they claimed took place in Fulton County. And the

0:19:25.240 --> 0:19:29.200
<v Speaker 1>fact is that no election fraud took place, No widespread

0:19:29.200 --> 0:19:32.199
<v Speaker 1>election fraud took place, in Fulton County. And so the

0:19:32.240 --> 0:19:37.760
<v Speaker 1>Fulton County d A is pushing back against this conspiracy

0:19:37.880 --> 0:19:42.639
<v Speaker 1>to try to overturn the results of the people who

0:19:42.800 --> 0:19:45.720
<v Speaker 1>voted in that county and the people across the nation

0:19:45.760 --> 0:19:49.479
<v Speaker 1>who voted to put Joe Biden into power instead of

0:19:49.480 --> 0:19:55.359
<v Speaker 1>Donald Trump. And so it certainly is high profile, of course,

0:19:55.880 --> 0:19:58.440
<v Speaker 1>but I think that what we're seeing is a d

0:19:58.480 --> 0:20:01.400
<v Speaker 1>A and a judge and a and jury who are

0:20:01.440 --> 0:20:04.880
<v Speaker 1>not afraid to really stand up to say no one

0:20:04.960 --> 0:20:09.119
<v Speaker 1>is above the law, and we are going to require

0:20:09.200 --> 0:20:13.359
<v Speaker 1>you to comply with the law, even if we're, you know,

0:20:13.600 --> 0:20:18.800
<v Speaker 1>just a little county in Georgia. Our laws apply to everyone,

0:20:19.160 --> 0:20:24.160
<v Speaker 1>including you. Thanks so much, Elizabeth. That's Elizabeth Widerette, president

0:20:24.200 --> 0:20:30.840
<v Speaker 1>of the Constitutional Accountability Center. Alan Weisselberg, the Trump organization's

0:20:30.960 --> 0:20:35.760
<v Speaker 1>longtime chief financial officer, pleaded guilty to evading taxes on

0:20:35.800 --> 0:20:38.960
<v Speaker 1>a free apartment and other perks amounting to more than

0:20:39.040 --> 0:20:43.680
<v Speaker 1>one point seven million dollars worth of untaxed extras, striking

0:20:43.680 --> 0:20:46.639
<v Speaker 1>a deal with prosecutors that could make him a star

0:20:46.640 --> 0:20:50.399
<v Speaker 1>witness against the company. At a trial this fall. The

0:20:50.480 --> 0:20:54.639
<v Speaker 1>seventy five year old acknowledged guilt on all fifteen charges.

0:20:55.200 --> 0:20:58.360
<v Speaker 1>As part of his plea agreement, Weislberg will spend five

0:20:58.480 --> 0:21:02.439
<v Speaker 1>months behind bars, followed by five years of probation. He

0:21:02.560 --> 0:21:06.119
<v Speaker 1>also agreed to pay nearly two million dollars in back taxes,

0:21:06.200 --> 0:21:10.200
<v Speaker 1>penalties and interest. Joining me as Greg Farrell Bloomberg News

0:21:10.280 --> 0:21:15.080
<v Speaker 1>investigative reporter for the Legal Enforcement Team. Is this plea

0:21:15.200 --> 0:21:19.920
<v Speaker 1>deal Weislberg flipping on Trump? No, not in the sense

0:21:19.960 --> 0:21:23.840
<v Speaker 1>that we understand flipping as being let's say Michael Cohen

0:21:24.040 --> 0:21:26.760
<v Speaker 1>several years ago, where this Cohen describes he decided to

0:21:26.800 --> 0:21:30.520
<v Speaker 1>plead guilty, and he testified to the best of his knowledge,

0:21:30.520 --> 0:21:34.040
<v Speaker 1>including against Trump in the Stormy Daniel's case and related cases,

0:21:34.200 --> 0:21:38.640
<v Speaker 1>and eventually has really been aggressive in promoting that. Weizelberg's

0:21:38.680 --> 0:21:41.560
<v Speaker 1>trying to walk a fine line he wants to and

0:21:42.080 --> 0:21:46.000
<v Speaker 1>succeeded in reducing exposure to life five months maximum. He's

0:21:46.000 --> 0:21:48.280
<v Speaker 1>the guy seventy that matters. I mean, he might get

0:21:48.480 --> 0:21:50.760
<v Speaker 1>you know, less than that, and he's playing guilty to

0:21:50.880 --> 0:21:54.399
<v Speaker 1>fifteen charges and he will be required, if called, to

0:21:54.400 --> 0:21:57.680
<v Speaker 1>testify in the rest of the trial against the Trump organization,

0:21:58.000 --> 0:22:01.040
<v Speaker 1>to testify about what he did. So it's not like

0:22:01.400 --> 0:22:04.080
<v Speaker 1>ratting out Donald Trump personally saying I was in the

0:22:04.160 --> 0:22:06.919
<v Speaker 1>room with him and did this, but just providing testimony

0:22:06.960 --> 0:22:09.320
<v Speaker 1>that as an official, the guy who actually controlled the

0:22:09.359 --> 0:22:12.560
<v Speaker 1>finances and the payments, et cetera of the company, it's

0:22:12.560 --> 0:22:15.600
<v Speaker 1>going to be very damaging to the organization and implicitly

0:22:15.640 --> 0:22:19.080
<v Speaker 1>to Trump himself. I looked at it in a different way.

0:22:19.280 --> 0:22:23.239
<v Speaker 1>He didn't implicate Trump or his family, and he's not

0:22:23.320 --> 0:22:26.399
<v Speaker 1>going to testify about Trump and his family, and he

0:22:26.480 --> 0:22:31.560
<v Speaker 1>hasn't cooperated with prosecutors in their broader investigation into Trump,

0:22:31.920 --> 0:22:35.440
<v Speaker 1>So why give him a deal? I think the prosecutors

0:22:35.480 --> 0:22:37.520
<v Speaker 1>a must have realized that despite the fact that he's

0:22:37.560 --> 0:22:40.560
<v Speaker 1>facing fifteen years, a guy his age on something like

0:22:40.600 --> 0:22:42.119
<v Speaker 1>this where there's not a lot of case history is

0:22:42.119 --> 0:22:45.160
<v Speaker 1>probably not at awhere near that, and then the effort

0:22:45.320 --> 0:22:49.040
<v Speaker 1>and manpower going into prosecuting him versus the value he

0:22:49.080 --> 0:22:51.800
<v Speaker 1>would have to testify in court about his role there,

0:22:52.160 --> 0:22:55.200
<v Speaker 1>like publiclarations. Wise, it's already a victory, you know, because

0:22:55.200 --> 0:22:57.720
<v Speaker 1>everybody was giving up on Alvin Bragg when the investigation

0:22:57.760 --> 0:23:00.600
<v Speaker 1>of Trump were dead, you know, when those two star

0:23:00.920 --> 0:23:04.560
<v Speaker 1>appointees of Civance left, and now this is very much

0:23:04.560 --> 0:23:07.359
<v Speaker 1>back in the game. So it's a momentum for the

0:23:07.440 --> 0:23:11.160
<v Speaker 1>d a's office if they want to continue pursuing Trump himself.

0:23:11.440 --> 0:23:14.040
<v Speaker 1>It cuts out a very toilsome part of the trial

0:23:14.080 --> 0:23:16.359
<v Speaker 1>against an individual, and it's much tougher to get a

0:23:16.359 --> 0:23:19.639
<v Speaker 1>criminal conviction of a guy who seventy five years old,

0:23:19.680 --> 0:23:21.960
<v Speaker 1>and you generate some sympathy for him that it isn't

0:23:22.000 --> 0:23:25.920
<v Speaker 1>an organization. People just don't care about finding an organization guilty.

0:23:26.160 --> 0:23:29.200
<v Speaker 1>The organizations not going to jail. So there are several upsides,

0:23:29.320 --> 0:23:32.120
<v Speaker 1>you know, embedded in this for the prosecution, right. So,

0:23:32.440 --> 0:23:35.280
<v Speaker 1>and the fact that the Trump organization sent out a

0:23:35.359 --> 0:23:38.760
<v Speaker 1>statement that I had done nothing wrong and look forward

0:23:38.760 --> 0:23:41.679
<v Speaker 1>to going to trial, and the company called Wisselberg a

0:23:41.760 --> 0:23:46.160
<v Speaker 1>fine and honorable man, So they're happy that he kept

0:23:46.160 --> 0:23:48.800
<v Speaker 1>his mouth shut, at least as far as Trump is concerned.

0:23:49.240 --> 0:23:51.800
<v Speaker 1>So let's talk a little bit about the criminal investigation

0:23:51.880 --> 0:23:55.520
<v Speaker 1>to Trump, which you referenced. So there was this push

0:23:55.640 --> 0:23:59.720
<v Speaker 1>when Civance was prosecutor to try to pursue this criminally,

0:24:00.000 --> 0:24:02.840
<v Speaker 1>and we went up to the Supreme Court to get

0:24:02.880 --> 0:24:06.520
<v Speaker 1>the tax documents, push, push, push, and then Alvin Brad

0:24:06.640 --> 0:24:10.280
<v Speaker 1>comes in and nothing. He says, it's still going on.

0:24:10.359 --> 0:24:13.040
<v Speaker 1>But is it is there an investigation going on? This

0:24:13.119 --> 0:24:18.159
<v Speaker 1>is a a complex story, so to simplify it, you

0:24:18.240 --> 0:24:22.280
<v Speaker 1>are correct. The former district attorneys I Vance Um embarked

0:24:22.280 --> 0:24:26.119
<v Speaker 1>on this prosecution several years ago after a Bloomberg story.

0:24:26.280 --> 0:24:28.760
<v Speaker 1>A story in Bloomberg News pointed out that you know,

0:24:28.800 --> 0:24:31.359
<v Speaker 1>Wislberg had been paying for the Trump organization, had been

0:24:31.359 --> 0:24:35.520
<v Speaker 1>paying for the apartment of Weislberg's son and his wife,

0:24:35.960 --> 0:24:38.040
<v Speaker 1>and all sorts of other payments like that that were

0:24:38.080 --> 0:24:41.800
<v Speaker 1>off the books and books and records, violations to conceal

0:24:41.840 --> 0:24:44.000
<v Speaker 1>a fraud. That's a that's a that's a that's a

0:24:44.040 --> 0:24:47.080
<v Speaker 1>crime in New York state law. So prosecute started that,

0:24:47.119 --> 0:24:50.120
<v Speaker 1>and you're right. They asked for eight years of Trump's

0:24:50.119 --> 0:24:53.879
<v Speaker 1>tax returns and the company's tax returns, and Trump, as usual,

0:24:53.920 --> 0:24:55.639
<v Speaker 1>fought it all the way to the Supreme Court and

0:24:55.680 --> 0:24:58.120
<v Speaker 1>lost and went to the Supreme Court again. So he

0:24:58.119 --> 0:25:02.120
<v Speaker 1>helped run out the clock by ending that way against ivance. However,

0:25:02.560 --> 0:25:05.400
<v Speaker 1>it was a year ago or late June early July

0:25:05.560 --> 0:25:09.000
<v Speaker 1>last year, when Weisselberg and the organization would charged criminally.

0:25:09.640 --> 0:25:12.800
<v Speaker 1>Um and Vance had decided not to run for re

0:25:12.880 --> 0:25:15.600
<v Speaker 1>election and he had six months left in his term.

0:25:15.640 --> 0:25:17.840
<v Speaker 1>And it's strange how he played the last few months.

0:25:18.359 --> 0:25:20.159
<v Speaker 1>I think he could have you know, there was no

0:25:20.240 --> 0:25:25.119
<v Speaker 1>new information that came in in the second half of UH,

0:25:25.200 --> 0:25:27.800
<v Speaker 1>and yet he waited until mid December, with two weeks

0:25:27.880 --> 0:25:30.320
<v Speaker 1>left in his term and a successor who had been elected,

0:25:30.800 --> 0:25:35.080
<v Speaker 1>UM to you know, basically, UH direct his top two

0:25:35.080 --> 0:25:38.520
<v Speaker 1>deputies to pursue this aggressively with an eye towards getting

0:25:38.520 --> 0:25:41.600
<v Speaker 1>indicted within three months of the new guy's term. So

0:25:41.800 --> 0:25:45.040
<v Speaker 1>um anyway, you know, this is how it's unfolds. Uh.

0:25:45.280 --> 0:25:49.560
<v Speaker 1>Alvin Bragg takes office and uh uh you know, he

0:25:49.600 --> 0:25:52.359
<v Speaker 1>starts going over some of the material there. Some of

0:25:52.359 --> 0:25:54.760
<v Speaker 1>the material that had been passed along to Alvin Bragg

0:25:55.280 --> 0:25:59.000
<v Speaker 1>by the two men you know in question van system

0:25:59.160 --> 0:26:02.040
<v Speaker 1>did not contain some of the downsides of a prosecution.

0:26:02.040 --> 0:26:04.879
<v Speaker 1>In other words, there was a lot of paperwork and

0:26:05.040 --> 0:26:07.640
<v Speaker 1>arguments why this was the right thing to do, uh

0:26:07.640 --> 0:26:09.600
<v Speaker 1>and why it could be very winnable. There were a

0:26:09.600 --> 0:26:12.600
<v Speaker 1>few documents that had been existed in the office that

0:26:12.680 --> 0:26:15.960
<v Speaker 1>pointed out the challenges of this case that were omitted

0:26:16.160 --> 0:26:19.760
<v Speaker 1>from the file that these two individuals presented to Alvin Bragg,

0:26:20.040 --> 0:26:22.119
<v Speaker 1>and of course, you know, he's the Bosty office. When

0:26:22.119 --> 0:26:25.600
<v Speaker 1>he eventually did see this, he developed some skepticism towards

0:26:26.119 --> 0:26:29.680
<v Speaker 1>the presentations they had made to him. Um. And then

0:26:29.880 --> 0:26:32.399
<v Speaker 1>I guess the video. When they realized they weren't going

0:26:32.440 --> 0:26:36.040
<v Speaker 1>to be controlling this investigation or getting what they wanted, um,

0:26:36.400 --> 0:26:38.560
<v Speaker 1>they quit. One of one of the two wrote a

0:26:38.640 --> 0:26:42.159
<v Speaker 1>resignation letter h that was so detailed and critical of

0:26:42.280 --> 0:26:44.159
<v Speaker 1>Brag that it had to have been something that was

0:26:44.200 --> 0:26:48.440
<v Speaker 1>designed to be put in the public domain. UM. So yes,

0:26:48.560 --> 0:26:51.080
<v Speaker 1>there was. So there was a widespread belief that, based

0:26:51.119 --> 0:26:55.919
<v Speaker 1>on the resignation letter, that that Bragg's investigation was over. Um.

0:26:55.960 --> 0:26:58.240
<v Speaker 1>But I think he was hoping to get something more

0:26:58.640 --> 0:27:01.000
<v Speaker 1>and as small as this. My it be even though

0:27:01.040 --> 0:27:03.560
<v Speaker 1>you and I wouldn't use the word flip to uh

0:27:03.680 --> 0:27:07.160
<v Speaker 1>to talk about al Weisenberg, he will have to testify

0:27:07.200 --> 0:27:10.879
<v Speaker 1>truthfully about crimes he committed and admitted to. So this

0:27:10.960 --> 0:27:12.760
<v Speaker 1>is something that's going to be damaging it. This could

0:27:12.760 --> 0:27:16.280
<v Speaker 1>be something like even though it might seem incremental, I

0:27:16.280 --> 0:27:18.200
<v Speaker 1>think it's a little bigger than that that could break

0:27:18.240 --> 0:27:22.040
<v Speaker 1>other pieces of the puzzle loose. So anyway, that's a

0:27:22.560 --> 0:27:25.240
<v Speaker 1>you know, a summary of the events of the last

0:27:25.600 --> 0:27:28.720
<v Speaker 1>more complex, and a lot of things we don't know

0:27:28.840 --> 0:27:32.960
<v Speaker 1>from the outside looking in looking at this investigation, all

0:27:33.000 --> 0:27:35.320
<v Speaker 1>that will happen to the Trump organization, as I understand

0:27:35.320 --> 0:27:39.000
<v Speaker 1>it is fines if they're convicted. Is the Attorney General

0:27:39.080 --> 0:27:44.320
<v Speaker 1>Letitia James? Is investigation more problematic for Trump? Yes? I

0:27:44.359 --> 0:27:47.280
<v Speaker 1>think so for several reasons. One, it's a civil case.

0:27:47.720 --> 0:27:50.200
<v Speaker 1>It's a civil case, which means, you know, the bar

0:27:50.359 --> 0:27:52.639
<v Speaker 1>is lower in terms of a jury if she actually

0:27:52.640 --> 0:27:55.520
<v Speaker 1>files the suit against the Trump organization accusative defraud and

0:27:55.520 --> 0:27:58.800
<v Speaker 1>New York State and other entities. But she represents the

0:27:58.840 --> 0:28:00.960
<v Speaker 1>state so defraud and New York's date of tax revenue

0:28:01.160 --> 0:28:04.160
<v Speaker 1>or whatever, um, she has a lot of strong evidence

0:28:04.280 --> 0:28:08.280
<v Speaker 1>on her own. Um. The fact that the CFO of

0:28:08.359 --> 0:28:11.520
<v Speaker 1>the Trump organization, you know, in another venue, the d

0:28:11.640 --> 0:28:14.760
<v Speaker 1>A's Office, criminally pleaded guilty to fifteen criminal counts about

0:28:14.800 --> 0:28:18.160
<v Speaker 1>tax evasion and tax abuse is a positive for her,

0:28:18.520 --> 0:28:19.960
<v Speaker 1>you know, to the extent she wants to bring it

0:28:20.000 --> 0:28:22.200
<v Speaker 1>in and I like, do you need me more evidence

0:28:22.280 --> 0:28:24.960
<v Speaker 1>that you know, the Trump organization intentionally cheated new York State.

0:28:24.960 --> 0:28:27.560
<v Speaker 1>You have got the CFO admitting to a portion of

0:28:27.600 --> 0:28:30.879
<v Speaker 1>that so if she does, and when Trump himself and

0:28:30.920 --> 0:28:34.240
<v Speaker 1>his son, uh, finally Stafford depositions they took the Fifth

0:28:34.280 --> 0:28:38.760
<v Speaker 1>Amendment UM like frequently and provided no meaningful answers. Now

0:28:38.920 --> 0:28:42.000
<v Speaker 1>that's another difference between a criminal investigation by the d

0:28:42.120 --> 0:28:46.080
<v Speaker 1>A and a civil investigation by the a g UM.

0:28:46.120 --> 0:28:48.440
<v Speaker 1>In a criminal trial, you know, a jury is not

0:28:48.480 --> 0:28:50.920
<v Speaker 1>allowed to draw any inferences from a witness who takes

0:28:50.920 --> 0:28:54.040
<v Speaker 1>the fifth UM. There's a protection against that. But in

0:28:54.080 --> 0:28:56.960
<v Speaker 1>a civil trial, you can draw an inference. UM. That's

0:28:56.960 --> 0:28:58.840
<v Speaker 1>sort of so if you could say, you know, we

0:28:58.920 --> 0:29:01.280
<v Speaker 1>talked to the CEO, we tried to depose him. In

0:29:01.320 --> 0:29:04.360
<v Speaker 1>this case, this would be letician James's people. If she

0:29:04.480 --> 0:29:06.920
<v Speaker 1>goes to trial and he took the fifth he refused

0:29:06.920 --> 0:29:09.440
<v Speaker 1>to answer any questions on the grounds that may incriminate him.

0:29:09.680 --> 0:29:12.560
<v Speaker 1>So that's something that a jury could you know, take

0:29:12.640 --> 0:29:15.360
<v Speaker 1>as a as an inference. So I think she has

0:29:15.360 --> 0:29:19.040
<v Speaker 1>a much higher chance of success with this UM. And

0:29:19.080 --> 0:29:22.440
<v Speaker 1>then yes, she has the power to you know, first

0:29:22.440 --> 0:29:26.320
<v Speaker 1>of all, uh, that could be a huge financial penalty

0:29:26.520 --> 0:29:30.720
<v Speaker 1>which would really you know, cripple the Trump organization or worse,

0:29:30.880 --> 0:29:34.480
<v Speaker 1>I mean, she tried to disband UM, the National Rifle

0:29:35.000 --> 0:29:37.120
<v Speaker 1>Association in the n r A. So I'm not sure

0:29:37.120 --> 0:29:39.920
<v Speaker 1>she'd be a very squeamish or uh, you know, delicate

0:29:39.920 --> 0:29:42.040
<v Speaker 1>about how to treat the Trump organization. I wouldn't be

0:29:42.080 --> 0:29:43.800
<v Speaker 1>surprised if she really went for it and say this

0:29:43.880 --> 0:29:46.280
<v Speaker 1>is a criminal enterprise and you know, should not be

0:29:46.360 --> 0:29:49.920
<v Speaker 1>allowed to do business or be headquartered in New York. So, Wiselberg,

0:29:50.720 --> 0:29:53.040
<v Speaker 1>the judge is not going to sentence him till after

0:29:53.480 --> 0:29:57.200
<v Speaker 1>the trial in October. Yes, So that's that's a standard practice.

0:29:57.480 --> 0:29:59.800
<v Speaker 1>So in order to ensure you don't want to be

0:29:59.840 --> 0:30:01.760
<v Speaker 1>too lenient or too harsh, you know, you want to

0:30:01.760 --> 0:30:05.000
<v Speaker 1>see if the guy actually was truthfully testifying. Otherwise, if

0:30:05.000 --> 0:30:07.560
<v Speaker 1>things go sideways or he doesn't testify truthfully, that will

0:30:07.600 --> 0:30:10.160
<v Speaker 1>affect the sentence. The prosecutors might tear it him and say, no,

0:30:10.240 --> 0:30:13.320
<v Speaker 1>this guy, you know, didn't tell the truth, and he's

0:30:13.360 --> 0:30:15.560
<v Speaker 1>got a two million dollar fine, which might be a

0:30:15.640 --> 0:30:17.120
<v Speaker 1>drop in the bucket to him. I don't I'm not

0:30:17.120 --> 0:30:18.520
<v Speaker 1>sure if it's a drop in the bucket to him.

0:30:18.520 --> 0:30:22.240
<v Speaker 1>But for someone facing you know, time in Riker's jail,

0:30:22.480 --> 0:30:24.160
<v Speaker 1>that's the least of his problems, if you know what

0:30:24.240 --> 0:30:26.440
<v Speaker 1>I mean. So he's got the money, and I'm sure

0:30:26.440 --> 0:30:28.920
<v Speaker 1>he would not want to pay it, but the serious

0:30:29.000 --> 0:30:31.000
<v Speaker 1>jail time, years in prison at his age, it's sort

0:30:31.000 --> 0:30:34.719
<v Speaker 1>of like the real you know, sort of damocles over him.

0:30:34.760 --> 0:30:38.960
<v Speaker 1>Thanks so much, Greg. That's Greg Ferrell, Bloomberg News investigative

0:30:38.960 --> 0:30:43.040
<v Speaker 1>reporter for the Legal Enforcement Team. The Trump Organization is

0:30:43.080 --> 0:30:46.480
<v Speaker 1>facing the same charges as Weisselberg. In a statement, the

0:30:46.560 --> 0:30:49.640
<v Speaker 1>organization said, we now look forward to having our day

0:30:49.680 --> 0:30:53.880
<v Speaker 1>in court, which quite interestingly, has been scheduled for October

0:30:53.960 --> 0:30:57.800
<v Speaker 1>twenty four, just days before the midterm elections. And that's

0:30:57.800 --> 0:31:00.440
<v Speaker 1>it for this edition of the Bloomberg Law Show. Remember

0:31:00.480 --> 0:31:02.520
<v Speaker 1>you can always get the latest legal news on our

0:31:02.560 --> 0:31:06.720
<v Speaker 1>Bloomberg Law Podcast. You can find them on Apple Podcasts, Spotify,

0:31:06.920 --> 0:31:12.120
<v Speaker 1>and at www dot Bloomberg dot com, slash podcast slash Law.

0:31:12.200 --> 0:31:14.480
<v Speaker 1>I'm June Grosso and you're listening to Bloomberg