WEBVTT - There's no smoking gun

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<v Speaker 1>Joining me now is ms NOW legal analyst Christy Greenberg.

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<v Speaker 1>She's the host of Course Side with Christy Greenberg and

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<v Speaker 1>a former federal prosecutor and Steve Schmidt, co founder of

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<v Speaker 1>the Safe America Movement, host of the podcast The Warning

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<v Speaker 1>with Steve Schmidt and a former Republican campaign advisor. Good

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<v Speaker 1>morning to you both, Christy. How would the DOJ discover

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<v Speaker 1>a million more documents that they didn't know about it?

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<v Speaker 1>I understand this is coming out of the Southern District

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<v Speaker 1>of New York, but given the direction from Congress, how

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<v Speaker 1>does this even happen?

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<v Speaker 2>Well, one way it happens is the fact that Trump,

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<v Speaker 2>the Trump administration decided to fire the lead prosecutor on

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<v Speaker 2>the Epstein and Maxwell cases, Mariene Comy Breen Coomy would

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<v Speaker 2>know where all of these files are. This is you

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<v Speaker 2>have a number of prosecutors who are trying to essentially

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<v Speaker 2>follow where all the documents are and figure out what's

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<v Speaker 2>in the file. Well, Marien Commy knew what was in

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<v Speaker 2>the file and they fired her. So and she's actually

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<v Speaker 2>suing the DOJ to get her job at So what

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<v Speaker 2>DALJ should do if they actually cared about making sure

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<v Speaker 2>they had everything and that every eye was dotted, every

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<v Speaker 2>t was present. If they actually cared, which they clearly don't,

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<v Speaker 2>they would bring her back and give her her job.

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<v Speaker 2>How does this happen? Yeah, it's a bunch of people

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<v Speaker 2>who really don't know what's going on. We're trying to

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<v Speaker 2>find things and are clearly failing and doing so.

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<v Speaker 1>Steve, How does the manner in which the files have

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<v Speaker 1>been released affected how President Trump is perceived in all

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<v Speaker 1>of this? How is that affecting the actual president in

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<v Speaker 1>perception where he's concerned.

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<v Speaker 3>Well, the President's approval numbers are in a state of collapse.

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<v Speaker 3>He's an approval level in the thirties. We've seen the

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<v Speaker 3>electoral implications for that in special elections from Mississippi to Pennsylvania,

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<v Speaker 3>so on and so forth. The net effect of all

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<v Speaker 3>of it is the release has confused the Shay situation

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<v Speaker 3>even more than it was confused about who did what.

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<v Speaker 3>And one of the things that will not come out

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<v Speaker 3>of a million files or ten million more is some

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<v Speaker 3>smoking gun piece of evidence that catches Gslaye, Epstein and

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<v Speaker 3>Donald Trump in bed with one another. The simple truth

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<v Speaker 3>of this is that Jeffrey Epstein was somebody that Donald

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<v Speaker 3>Trump is very close to they're best friends, and there

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<v Speaker 3>is across American society at the elite level, top level,

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<v Speaker 3>Bill Gates, Bill Clinton, presidents, potent case billionaires. This was

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<v Speaker 3>all cleaned up when they were with Jeffrey Epstein. They

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<v Speaker 3>didn't see any of the girls, They didn't see any

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<v Speaker 3>of the stuff on the walls bs. Bill Gates is

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<v Speaker 3>an example of somebody that fits in a cohort of people, like, Hey,

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<v Speaker 3>I'm going to save the world. But he didn't have

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<v Speaker 3>much interest, I suppose, in saving any of the girls

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<v Speaker 3>that he saw walking around. If you're an adult male

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<v Speaker 3>and you walk into a room, a house, a building,

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<v Speaker 3>or whatever, and you see a guy who's in his

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<v Speaker 3>fifties surrounded by teenagers, what does I tell you. There's

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<v Speaker 3>no secrets here, there's no mystery power abused innocence law

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<v Speaker 3>enforcements did not believe the innocent girls. They believed the

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<v Speaker 3>powerful men. The corrupt federal prosecutor who cut the lenient deal,

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<v Speaker 3>exposing the rule of law as a joke in this country,

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<v Speaker 3>goes on to become a cabinet secretary. There's nothing new

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<v Speaker 3>to learn in the Epstein files. The American people know

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<v Speaker 3>everything there is to know. About Donald Trump and this relationship.

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<v Speaker 3>It's a cop out that, oh, maybe he didn't do it,

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<v Speaker 3>maybe something bad didn't happen. Nonsense. This is the most

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<v Speaker 3>notorious child sex predator of the twenty first century. His

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<v Speaker 3>accomplice was moved to a minimum security prison after a

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<v Speaker 3>social call by the Deputy Attorney General. We have an

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<v Speaker 3>uneven justice system. What the release of the Epstein files

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<v Speaker 3>has done is take a society that has no trust

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<v Speaker 3>in any institution, in any leader, and make it worse.

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<v Speaker 1>Well, I'm gonna ask this out there, Steve, thank you

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<v Speaker 1>for that. I want to ask Christy about that notion

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<v Speaker 1>of what the public knows and what's being released. Because

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<v Speaker 1>Congress has clearly taking an interest with this. Ro Conna

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<v Speaker 1>and Thomas Massey say that the releases so far failed

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<v Speaker 1>to comply with the law that has been passed. Given

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<v Speaker 1>that if that is the case, Christy, what recourse do

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<v Speaker 1>either of them have Do the legislators who went forward

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<v Speaker 1>to codify this or to pass this this demand for

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<v Speaker 1>the DOJ what can they do?

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<v Speaker 2>Well, the first thing they should do is seek information

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<v Speaker 2>about the basis for any redactions or documents they're being withheld.

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<v Speaker 2>If it's victim information that I would identify victims. There's

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<v Speaker 2>no problem there. Everybody agrees that should be redacted from

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<v Speaker 2>the files. But if they are asserting some kind of privilege,

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<v Speaker 2>whether it is deliberative process, attorney work product, or attorney

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<v Speaker 2>client privilege, which the Deputy Attorney General Todd Blanche, suggested

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<v Speaker 2>that Donald Trump is asserting, when in fact I don't

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<v Speaker 2>think that the client here is Donald Trump. He was

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<v Speaker 2>Todd Blanche's client when he was his lawyer before he

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<v Speaker 2>became president. But right now we the people are DOJ's client,

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<v Speaker 2>so he has no basis to assert an attorney client

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<v Speaker 2>privilege over any materials. So they should find out why

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<v Speaker 2>what privileges are being asserted, what the basis is, and

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<v Speaker 2>if there are any exceptions, identify them. And then I

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<v Speaker 2>think there is a very strong argument under the Act

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<v Speaker 2>that there is no permission for documents to be withheld

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<v Speaker 2>on the basis of privileged information. That is what they

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<v Speaker 2>are relying on, I imagine to redapt documents like prosecution

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<v Speaker 2>memos which SDNY prepared and had. There was a heading

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<v Speaker 2>in one of those prosecution memos from November of twenty twenty,

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<v Speaker 2>when Donald Trump's DOJ was in office that said anticipated charges,

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<v Speaker 2>and this was after Galaine Maxwell was already charged. So

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<v Speaker 2>what that tells me is that sdn Y was anticipating

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<v Speaker 2>bringing charges against other co conspirators. That is the likely

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<v Speaker 2>inference from that they were meeting with the Deputy Attorney General.

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<v Speaker 2>If they had nothing there, they weren't looking at it

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<v Speaker 2>anybody else. There's no reason to bring this up to

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<v Speaker 2>the Deputy Attorney general. So that whole memo is redacted

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<v Speaker 2>other than saying anticipated charges and that a meeting with

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<v Speaker 2>the Deputy Attorney General took place. That is exactly the

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<v Speaker 2>kind of information that the American people want to see.

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<v Speaker 2>If st Andy did want to bring charges against other people.

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<v Speaker 4>Who stopped it, who was responsible for that decision, and

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<v Speaker 4>what was the evidence that would have allowed them to

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<v Speaker 4>bring such a case. Those kinds of things are what

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<v Speaker 4>should be seen, and I don't think privileges apply, So

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<v Speaker 4>that kind of isolation of what those privileges are that should.

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<v Speaker 2>Be determined in court. The congressional Republicans and Democrats that

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<v Speaker 2>passed this bill, they should file a lawsuit asking the

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<v Speaker 2>judge to compel this Department of Justice to produce any

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<v Speaker 2>inappropriately withheld or redactive materials. The judge should rule on

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<v Speaker 2>those privileges and exceptions and then issue an order that

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<v Speaker 2>inappropriately redacted or withheld files must be produced. If the

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<v Speaker 2>DOJ fails to comply, then they are in contempt of

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<v Speaker 2>a court order and can be found in contempt of court.

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<v Speaker 2>Any other avenue here doesn't really work, because sure you

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<v Speaker 2>could find them in contempt of Congress, but are they

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<v Speaker 2>really going to put these guys in jail or detain them. No,

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<v Speaker 2>and you can refer them for criminal prosecution to the DOJ,

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<v Speaker 2>but the inmates are running the asylum, so that's not

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<v Speaker 2>going to do any good. This has to be handled

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<v Speaker 2>in court. That's what their next.

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<v Speaker 3>Move should be.

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<v Speaker 1>Steve, I've got about sixty seconds left. I just want

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<v Speaker 1>very quickly, can you explain why this story seems like

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<v Speaker 1>it is breaking through for Republicans now?

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<v Speaker 3>Well, it's breaking through for Republicans because the Epstein conspiracy

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<v Speaker 3>was at the root and branch of so much of

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<v Speaker 3>the MAGA movement. The allegation was was that there was

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<v Speaker 3>an international conspiracy of pedophiles that were running the world

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<v Speaker 3>and at some crazy level. You know, they don't seem

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<v Speaker 3>to be so far off. I do want to say

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<v Speaker 3>something because the last answer was a legal response to

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<v Speaker 3>what's a political question. The contempt of court is meaningless,

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<v Speaker 3>means nothing to this administration. Congress is a coequal branch

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<v Speaker 3>of government. The administration is not compliant with the law.

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<v Speaker 3>Congress has inherent contempt authority in the Constitution. So it's

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<v Speaker 3>great to say, well, just wave away. Congress won't use

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<v Speaker 3>the authority because why this next election the platform of

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<v Speaker 3>the Democratic Party must be to use the full power

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<v Speaker 3>available to make what's happening the abuse of power stop.

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<v Speaker 3>Congress has an absolute power to lock up Pam Bondy

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<v Speaker 3>in the Congress for failing to comply. It is an

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<v Speaker 3>undisputed power. It's been used many many times by the Congress.

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<v Speaker 3>And if Donald Trump is talking about using the Alien

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<v Speaker 3>and Sedition Act, what it requires is a democratic leadership

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<v Speaker 3>to pull their heads out of there you know where,

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<v Speaker 3>and to use the inherent authorities of the Article one

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<v Speaker 3>branch one hundred percent of the time, with one hundred

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<v Speaker 3>percent conviction that they're not subordinate to the executive they

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<v Speaker 3>will comply or not, and that there will be a

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<v Speaker 3>constitutional standoff over and over again. The entry position of

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<v Speaker 3>all people on all of these issues, is that the

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<v Speaker 3>Democratic side cannot, for some reason use the same level

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<v Speaker 3>of power that is being used against them lawfully constitutionally,

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<v Speaker 3>is just wiped away. Can't happen why, I don't know.

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<v Speaker 3>But unless it does happen, we're in danger of losing

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<v Speaker 3>the Republic because the Trump administration is wanting in their

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<v Speaker 3>disregard for a congressional law, they don't have a choice

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<v Speaker 3>to comply with this. And the fact that they're obstinate,

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<v Speaker 3>that they're refusing, that they're contemptuous, has been the dominant

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<v Speaker 3>theme from our one of this administration, and it's been

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<v Speaker 3>tolerated not by the American people but by the Congress

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<v Speaker 3>and the American people. We'll have to have a power

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<v Speaker 3>of Congress to make it stop or it goes on

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<v Speaker 3>and on and on.

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<v Speaker 1>Thank you, Thank you so much, Steve. I really appreciate it.

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<v Speaker 1>I hate to cut you off, but we have got

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<v Speaker 1>to take a break now. But I want to think

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<v Speaker 1>both you and Christy Greenberg C. Schmidt for getting it

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<v Speaker 1>started on this hour with Velsi and still