WEBVTT - The Truth with Lisa Boothe: Hunter Biden Guilty and What's Next with Andy McCarthy

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<v Speaker 1>We've seen a lot of legal drama in the country recently,

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<v Speaker 1>coming off the heels of President Trump being found guilty

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<v Speaker 1>on thirty four felony counts. Even though that was a

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<v Speaker 1>witch hunt, we know that that was a sham trial

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<v Speaker 1>from a judge who literally donated to Joe Biden and

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<v Speaker 1>a group called Stop Republicans. So he's trying to do

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<v Speaker 1>just that, Stop Republicans, Stop Donald Trump.

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<v Speaker 2>And now Hudder.

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<v Speaker 1>Biden has been found guilty in all three federal felony

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<v Speaker 1>gun charges that he was facing. He also has a

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<v Speaker 1>tax trial beginning on September fifth. He's facing three felony

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<v Speaker 1>tax offenses and six misdemeanors in that one. So where

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<v Speaker 1>do we go from here as a country? What should

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<v Speaker 1>you know about Hunter Biden being found guilty on those

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<v Speaker 1>federal gun charges. What's next for him? What kind of

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<v Speaker 1>sentencing will he face? Also, what will we find out

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<v Speaker 1>during this tax trial? Well, Hunter Biden plead guilty to

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<v Speaker 1>try to avoid embarrassing information coming to light about his

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<v Speaker 1>dad and his own business dealings. What do you need

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<v Speaker 1>to know about that? Also, as we await President Trump's

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<v Speaker 1>sentencing on July eleventh, will Judge Matron try to send

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<v Speaker 1>him to jail. I mean, we've already seen democrats take

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<v Speaker 1>it this far, so what should we expect from that

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<v Speaker 1>and what does the appeals process look like for President Trump?

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<v Speaker 1>We're going to get into all of that with Andy McCarthy.

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<v Speaker 1>He is a best selling author, contributing editor at the

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<v Speaker 1>National Review, and a fellow at the National Review Institute.

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<v Speaker 1>He's a Fox News contributor, and most importantly, he's a

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<v Speaker 1>former chief Assistant US Attorney. This is someone who's dedicated

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<v Speaker 1>his life to the rule of law, dedicated his career

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<v Speaker 1>to it. So what does he think about the justice

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<v Speaker 1>system now? After following the Trump trial so closely and

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<v Speaker 1>following this so closely, we have so much to dig

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<v Speaker 1>into with Andy McCarthy. His analysis is always so smart.

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<v Speaker 1>I learned so much from him. I hope you do

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<v Speaker 1>as well, So stay tuned and named Carthy.

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<v Speaker 2>Well, Andy, thanks so much for making the time.

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<v Speaker 1>I know you've been really busy with all this legal

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<v Speaker 1>drama in the country, so you always give such great analysis.

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<v Speaker 1>I just really appreciate you making the time for the show.

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<v Speaker 3>Lisa, It's a pleasure to be here. Thanks so much.

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<v Speaker 1>You know so Andy, I assume you probably weren't surprised

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<v Speaker 1>with Hunter Biden being found guilty and all three federal

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<v Speaker 1>felony gun charge accounts. What does a typical sentencing look

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<v Speaker 1>for that look like for that.

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<v Speaker 3>Well, for this kind of a charge, he's probably an

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<v Speaker 3>unusual defendant in that there is no evidence, at least

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<v Speaker 3>that I'm aware of, that he was trying to obtain

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<v Speaker 3>the gun for criminal purposes. I suspect, given that he

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<v Speaker 3>has this bad narcotics issue that you know, he could

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<v Speaker 3>very well have decided that he needed to be armed,

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<v Speaker 3>given the dangerousness of some of the places that he

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<v Speaker 3>had to purchase drugs from, or that he chose to

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<v Speaker 3>purchase drugs from. But I don't think there's any evidence

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<v Speaker 3>of that in the record so far as I understand.

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<v Speaker 3>He's an ineligible person. So you start from the premise

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<v Speaker 3>that he's not allowed to have the gun. But the

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<v Speaker 3>sentencing guidelines, and I should say, Lisa that the you know,

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<v Speaker 3>a lot of the rhetoric in the media always talks

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<v Speaker 3>about the statutory range, which is huge. So you keep

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<v Speaker 3>reading again and again that Hunter's looking it up to

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<v Speaker 3>twenty five years in prison, But real sentencing litigation in

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<v Speaker 3>the federal government is really controlled by the sentencing guidelines,

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<v Speaker 3>not the statutes. So the objective of the sentencing guidelines

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<v Speaker 3>is to take k which are brought under, say a

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<v Speaker 3>statute like the possession statute that Hunter violated, where it's

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<v Speaker 3>a where it's a ten year it's actually now a

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<v Speaker 3>fifteen year penalty, but in the when he violated it

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<v Speaker 3>was a ten year penalty. You know, it's zero to ten.

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<v Speaker 3>There's no mandatory minimum, tends to maximum. So you're going

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<v Speaker 3>to have a you're going to have a wide range

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<v Speaker 3>of defendants, and some should be on the ten side

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<v Speaker 3>of the spectrum and some should be on the zero side, right,

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<v Speaker 3>So what the sentencing guidelines try to do is bring

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<v Speaker 3>a little predictability to that range. So what they look

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<v Speaker 3>at is the typical factors that come up in an

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<v Speaker 3>offense like this, and then they look at personal factors,

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<v Speaker 3>which they call criminal history, so that they can establish

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<v Speaker 3>a criminal history category. And that's how you go on.

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<v Speaker 3>There's a graph in the sentencing guidelines and it's like

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<v Speaker 3>you plot the offense factors against the criminal history and

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<v Speaker 3>that's where you come up with the same So he

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<v Speaker 3>doesn't have the kind of factors that exacerbate a sentence

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<v Speaker 3>like this. For example, he does not have a bunch

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<v Speaker 3>of prior felony convictions from which you would infer that

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<v Speaker 3>if he was trying to get a gun, it was

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<v Speaker 3>probably because he was up to no good. He's not

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<v Speaker 3>trying to obtain a gun that's extraordinarily destructive or at

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<v Speaker 3>least regarded as such under the guidelines. This is a

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<v Speaker 3>pretty conventional it's a cult Cobra thirty eight revolver, and

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<v Speaker 3>he may fit in the category of people who just

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<v Speaker 3>wanted to get the gun for sport and other legal purposes.

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<v Speaker 3>So he's going to be pretty low in the offense

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<v Speaker 3>category computation. I the way I figure it, he could

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<v Speaker 3>be as low as a sentence of zero to six months.

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<v Speaker 3>I see other people say, you know, fifteen to twenty

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<v Speaker 3>one months. But as you can tell, it's not going

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<v Speaker 3>to be very high. And he's in what we call

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<v Speaker 3>chrimeminal history category one because he doesn't have any prior

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<v Speaker 3>criminal convictions.

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<v Speaker 2>You can argue he probably should.

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<v Speaker 3>Yeah, well, but but that's not that's different from different

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<v Speaker 3>from does you know, like even for example, he should

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<v Speaker 3>have gotten a dishonorable discharge from the military. Uh. And

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<v Speaker 3>of course somehow he got that job in the in

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<v Speaker 3>the Navy's press office even though he was too old,

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<v Speaker 3>because his father just happened to be the vice president.

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<v Speaker 3>And then after he got booted for cocaine, uh, he

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<v Speaker 3>somehow managed not to get a dishonorable discharge while his

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<v Speaker 3>father was vice president. God knows how that possibly could

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<v Speaker 3>have happened, right.

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<v Speaker 2>Weird, weird how that happens.

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<v Speaker 3>Yeah, but you know the fact is he's not like

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<v Speaker 3>a multiple felon. In fact, listening to the evidence, it

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<v Speaker 3>occurred to me that, you know, Haley Biden testified that

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<v Speaker 3>he's the one who got her hooked on crack, and

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<v Speaker 3>it seems to me that, you know, if you actually

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<v Speaker 3>charged him with what you could charge someone for distributing

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<v Speaker 3>narcotics to another person. You know, it doesn't have to

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<v Speaker 3>be a financial transaction. If I hand you illegal drugs,

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<v Speaker 3>I've distributed them. So may you could argue that that's

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<v Speaker 3>probably more serious than anything he got convicted of in

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<v Speaker 3>terms of what the you know, the punishment structure is

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<v Speaker 3>in federal law. But this is a you know, the

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<v Speaker 3>three different crimes under the sentencing guidelines, because they're all

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<v Speaker 3>related to the same transaction. They would be treated as

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<v Speaker 3>one offense, and I think he's going to have very

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<v Speaker 3>low guidelines, anywhere from zero to six range, which would

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<v Speaker 3>mean the judge doesn't have to impose a prison sentence

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<v Speaker 3>to fifteen to twenty one months. And the only other

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<v Speaker 3>thing I'd say about at LISTA is it's important to

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<v Speaker 3>note that judges don't have to follow the sentencing guidelines,

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<v Speaker 3>but they tend to at least to approximate it. So

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<v Speaker 3>it's a much more reliable barometer for us than the

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<v Speaker 3>statutory range, which is very wide. And the other thing is,

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<v Speaker 3>in my experience, sentencing is the hardest thing that judges do,

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<v Speaker 3>and they tend to and I think this is a

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<v Speaker 3>very human thing. I think they tend to come to

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<v Speaker 3>it with the idea that just being convicted by a

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<v Speaker 3>jury of your peers, or admitting guilt in court, there's

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<v Speaker 3>a stigma attached to that that is in and of

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<v Speaker 3>itself punishment, and therefore they tend to sentence at the

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<v Speaker 3>low range of whatever the guidelines are. And you can

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<v Speaker 3>understand that, you know, sentencing another human being. It's one

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<v Speaker 3>thing to say I really disagree with this person politically,

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<v Speaker 3>or I really hate what this person did that was

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<v Speaker 3>proved in my courtroom. But now it's up to you

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<v Speaker 3>to decide the course of another person's life. And that's

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<v Speaker 3>an awesome responsibility. And most of the time the judges are,

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<v Speaker 3>you know, reasonably lenient. I'm not saying ridiculously, so although

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<v Speaker 3>I've seen some of that too, well.

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<v Speaker 2>I assume too.

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<v Speaker 1>I mean, this is the judge who blew up the

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<v Speaker 1>Sweetheart deal, so she has demonstrated you know, independence and

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<v Speaker 1>I think fairness. I mean, I would assume being the

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<v Speaker 1>president's son has to play a role in sentencing as well, right,

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<v Speaker 1>I mean that's you know, I mean, I would like

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<v Speaker 1>to think people are unbiased, but I would have to

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<v Speaker 1>imagine that plays a role.

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<v Speaker 3>Well, if it didn't, there would be something wrong because

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<v Speaker 3>what the law says is that.

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<v Speaker 2>They're not with Trump though that's the opposite direction.

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<v Speaker 3>Yeah, yeah, well but it's a factor, right. The what

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<v Speaker 3>the law says is that a sentencing judge can take

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<v Speaker 3>any relevant factor into account in terms of whether it's

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<v Speaker 3>something that should make the sentence more severe or less severe.

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<v Speaker 3>So you're supposed to be looking at the whole person,

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<v Speaker 3>the whole reason for looking at criminal history category. What

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<v Speaker 3>we mainly think about when we think about criminal history,

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<v Speaker 3>category is like how many priors does the guy have?

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<v Speaker 3>But in truth, what a sentencing judge does is size

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<v Speaker 3>up the entire individual. And what you're supposed to be

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<v Speaker 3>gauging in any sensible sentencing exercise is what's the likelihood

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<v Speaker 3>that in the future this person will recitivate, that he'll

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<v Speaker 3>continue to commit crimes, or is the likelihood that, you know,

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<v Speaker 3>if he's found the straight and narrow, he'll live a productive,

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<v Speaker 3>law abiding life and make a contribution to society. That's

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<v Speaker 3>why it's such a it's it's an awesome responsibility for

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<v Speaker 3>judges because those are very hard things to gauge, you know.

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<v Speaker 1>And then now he's facing his tax trial next September fifth,

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<v Speaker 1>facing three felony tax offenses and six misdemeanors. Probably got

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<v Speaker 1>lucky with that as well, given you know the scheme

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<v Speaker 1>of what iris whistleblowers have you know, expressed publicly about

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<v Speaker 1>how the doog has thwarted a lot of their attempts

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<v Speaker 1>to dig deeper and dig deeper into the Biden family

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<v Speaker 1>and potentially Joe Biden as well. What do you think

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<v Speaker 1>he's facing at that trial, and based off of the

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<v Speaker 1>evidence known how much trouble is he facing with that one.

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<v Speaker 3>Well, he's got serious trouble, which is why he tried

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<v Speaker 3>to plead guilty. You know, the gun thing is one thing.

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<v Speaker 3>They tried to make that disappear with a diversion arrangement,

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<v Speaker 3>even though really into Justice Department rules that offense shouldn't

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<v Speaker 3>have been subject to diversion. When I say diversion, that

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<v Speaker 3>means they divert the case out of the justice system

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<v Speaker 3>for an alternative resolution other than conviction in a legal proceeding,

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<v Speaker 3>so you know, probation or community service or you know,

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<v Speaker 3>just keeping your nose clean, that kind of thing. Whereas

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<v Speaker 3>the tax charges, he actually was ready to plead guilty

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<v Speaker 3>to two of them. Now, obviously he wanted to plead

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<v Speaker 3>guilty to them in the form misdemeanors, but the underlying

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<v Speaker 3>facts are the same. So the evidence against him is

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<v Speaker 3>sufficiently daunting that he himself, even though he doesn't want

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<v Speaker 3>to plead guilty to everything, was willing to plead guilty

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<v Speaker 3>to this. On the other hand, as you point out,

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<v Speaker 3>there's been a strategic delay in this case by the

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<v Speaker 3>Biden Justice Department and its trustee quote unquote special counsel

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<v Speaker 3>David Weiss, these are cases, you know, the evidence against Hunter,

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<v Speaker 3>and the gun case was known completely to law enforcement.

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<v Speaker 3>It happened on October twelfth, and they knew about it

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<v Speaker 3>by less than two weeks later. And the tax cases,

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<v Speaker 3>the tax problems that Hunter has had have been well known,

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<v Speaker 3>notorious for years and years, to the point where there

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<v Speaker 3>were leans on his house and all kinds of other stuff.

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<v Speaker 3>So that's a long winded way of saying. Almost everything

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<v Speaker 3>David Weiss needed to know to file charges and convict

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<v Speaker 3>in these cases was known in twenty nineteen, and he

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<v Speaker 3>intentionally sat on his hands. There's no other way of

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<v Speaker 3>interpreting it. And in the tax case, that had the

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<v Speaker 3>real effect of chewing up what was available to be

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<v Speaker 3>charged under the Statute of limitations, And I think that

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<v Speaker 3>was done deliberately. Some of the worst tax offenses and

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<v Speaker 3>potentially other offenses, not just tax, but let's just talk

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<v Speaker 3>about tax, because that's what they charged. Some of the

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<v Speaker 3>worst of those crimes happened in twenty fourteen and twenty fifteen,

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<v Speaker 3>when Joe Biden was vice president and when Hunter was

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<v Speaker 3>raking in millions of dollars from Barismo, which was actually

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<v Speaker 3>obviously buying access to Joe Biden. So because of the

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<v Speaker 3>way Weiss handled this case, those charges can't be brought.

0:13:53.679 --> 0:13:56.880
<v Speaker 3>He waited till the statute of limitations had passed, and

0:13:56.920 --> 0:14:00.560
<v Speaker 3>the way, just so people understand, the way prosecutors stop

0:14:00.760 --> 0:14:04.440
<v Speaker 3>the clock on the statute of limitations is you file charges.

0:14:05.040 --> 0:14:07.560
<v Speaker 3>So what I'm saying is everything they needed to know

0:14:07.679 --> 0:14:11.920
<v Speaker 3>to charge these crimes was known in twenty nineteen. He

0:14:12.000 --> 0:14:16.439
<v Speaker 3>sat and did nothing for years, and he was trying

0:14:16.480 --> 0:14:18.640
<v Speaker 3>to do nothing in the way of like do nothing

0:14:18.679 --> 0:14:22.280
<v Speaker 3>and make the case go away. And then the whistleblower

0:14:22.360 --> 0:14:27.360
<v Speaker 3>agents courageously came forward and talk publicly about the Biden

0:14:28.120 --> 0:14:31.960
<v Speaker 3>Justice Department interference in the case. At that point it

0:14:32.040 --> 0:14:35.680
<v Speaker 3>was politically untenable to make the case just disappear. So

0:14:35.760 --> 0:14:38.640
<v Speaker 3>that's when they tried the sweetheart plea deal. And only

0:14:38.680 --> 0:14:41.960
<v Speaker 3>when that blew up did Weiss actually file these charges.

0:14:42.440 --> 0:14:45.280
<v Speaker 3>But I think, Lisa, in the end, they're going to

0:14:45.360 --> 0:14:49.680
<v Speaker 3>win because to the extent that the idea here was

0:14:49.720 --> 0:14:52.760
<v Speaker 3>to make these cases go away, if you think about it.

0:14:53.760 --> 0:14:56.280
<v Speaker 3>In the gun case, Hunter is not going to be

0:14:56.320 --> 0:15:03.280
<v Speaker 3>sentenced till probably August, and and he has an appellate

0:15:03.320 --> 0:15:05.760
<v Speaker 3>issue under the Second Amendment that I think the judge

0:15:06.200 --> 0:15:09.240
<v Speaker 3>will allow him to have bail pending appeal while he

0:15:09.320 --> 0:15:13.920
<v Speaker 3>litigates that, which means any execution of his sentence if

0:15:13.960 --> 0:15:16.960
<v Speaker 3>he gets a prison sentence, will not happen until sometime

0:15:17.000 --> 0:15:22.000
<v Speaker 3>next year, meaning after the election. The tax case, I

0:15:22.080 --> 0:15:26.400
<v Speaker 3>can't imagine in a million years the Biden, whether it's

0:15:26.480 --> 0:15:29.640
<v Speaker 3>Hunter Biden or the White House, are going to want

0:15:29.680 --> 0:15:33.320
<v Speaker 3>to have that trial happen in September, in the run

0:15:33.400 --> 0:15:36.160
<v Speaker 3>up to the election, when early voting has already started.

0:15:36.480 --> 0:15:38.720
<v Speaker 3>I think he's got to plead that case out at

0:15:38.720 --> 0:15:42.000
<v Speaker 3>some point, but they will try to structure the plea

0:15:42.120 --> 0:15:45.520
<v Speaker 3>and schedule the plea so that he doesn't get sentenced

0:15:45.640 --> 0:15:49.360
<v Speaker 3>until after the election. So I think that the goal

0:15:49.400 --> 0:15:53.120
<v Speaker 3>here is to push everything past the election. And then

0:15:53.200 --> 0:15:57.600
<v Speaker 3>this ridiculous supposed vow that Joe Biden made that he

0:15:57.640 --> 0:16:00.200
<v Speaker 3>won't pardon his son. I don't think that will be

0:16:00.240 --> 0:16:04.640
<v Speaker 3>operative ten seconds after the polls close on November fifth,

0:16:05.320 --> 0:16:08.000
<v Speaker 3>And if Biden wins the election, then he can bide

0:16:08.000 --> 0:16:09.960
<v Speaker 3>his time and if Hunter gets a prison sentence, he

0:16:10.000 --> 0:16:13.320
<v Speaker 3>can pardon them at that point. If he loses the election,

0:16:13.800 --> 0:16:19.080
<v Speaker 3>then sometime between election day and inauguration day, Biden will

0:16:19.080 --> 0:16:23.640
<v Speaker 3>pardon his son. But you know the fact that Weiss

0:16:23.640 --> 0:16:26.480
<v Speaker 3>has delayed the way that he is delayed, I think

0:16:26.600 --> 0:16:29.960
<v Speaker 3>ensures that Hunter is not going to get the kind

0:16:29.960 --> 0:16:34.480
<v Speaker 3>of accountability and justice that people expect for people who

0:16:34.560 --> 0:16:36.760
<v Speaker 3>are put through the criminal justice system.

0:16:36.960 --> 0:16:40.360
<v Speaker 1>We've got more with Anny McCarthy, but first, since the

0:16:40.440 --> 0:16:43.320
<v Speaker 1>terror attacks in October seventh, anti Semitism has been on

0:16:43.360 --> 0:16:46.200
<v Speaker 1>the rise, not just in Israel but here in the

0:16:46.280 --> 0:16:48.960
<v Speaker 1>US and around the world. That's why I have partnered

0:16:49.000 --> 0:16:51.880
<v Speaker 1>with the International Fellowship of Christians and Jews, and today

0:16:51.920 --> 0:16:54.840
<v Speaker 1>I'm coming to you, my audience, to ask that you

0:16:54.960 --> 0:16:58.160
<v Speaker 1>stand with us and IFCJ to raise your voice, just

0:16:58.200 --> 0:17:02.080
<v Speaker 1>as Oscar Schindler and Corey ten Boom did. This pledge

0:17:02.120 --> 0:17:05.160
<v Speaker 1>is asking Christians to stand with their Jewish brothers and sisters,

0:17:05.400 --> 0:17:07.800
<v Speaker 1>to never be silent, to show the Jewish people that

0:17:07.800 --> 0:17:10.760
<v Speaker 1>they are not alone, they have God and Christians on

0:17:10.800 --> 0:17:13.320
<v Speaker 1>their side. For the month of June, we are asking

0:17:13.400 --> 0:17:15.879
<v Speaker 1>Christians to sign this pledge, which will be delivered to

0:17:15.920 --> 0:17:18.760
<v Speaker 1>the President of Israel, to show that Christians in America

0:17:18.840 --> 0:17:21.840
<v Speaker 1>are not only standing in solidarity, but they're speaking up too.

0:17:22.359 --> 0:17:24.800
<v Speaker 1>Let's take a stand today with the International Fellowship of

0:17:24.880 --> 0:17:27.359
<v Speaker 1>Christians and Jews to let the Jewish people know that

0:17:27.359 --> 0:17:30.360
<v Speaker 1>they're not alone. To sign the pledge, go to support

0:17:30.480 --> 0:17:34.720
<v Speaker 1>IFCJ dot org, support IFCJ dot org to take a

0:17:34.760 --> 0:17:40.040
<v Speaker 1>stand today. Do you think that if Hunter did not

0:17:41.040 --> 0:17:43.159
<v Speaker 1>if he does not reach a plea deal, which I

0:17:43.200 --> 0:17:44.879
<v Speaker 1>think what you're saying makes a lot of sense, that

0:17:44.880 --> 0:17:46.800
<v Speaker 1>he would want to do that for political reasons, to

0:17:46.840 --> 0:17:50.240
<v Speaker 1>protect his dad, who has obviously protected him to a

0:17:50.280 --> 0:17:54.000
<v Speaker 1>great extent throughout his life and shielded him from, you know,

0:17:54.040 --> 0:17:56.600
<v Speaker 1>probably a lot of consequences that he should have been facing.

0:17:57.320 --> 0:18:00.640
<v Speaker 1>But if he did not reach a plea deal, would

0:18:00.680 --> 0:18:02.679
<v Speaker 1>Joe Biden be exposed?

0:18:02.920 --> 0:18:05.159
<v Speaker 2>And what we would learn from the tax trial? Do

0:18:05.200 --> 0:18:05.600
<v Speaker 2>you think?

0:18:05.920 --> 0:18:07.520
<v Speaker 3>Yeah, this is why I don't think they can let

0:18:07.600 --> 0:18:12.520
<v Speaker 3>it go to trial. So Weiss, as I said to

0:18:12.600 --> 0:18:17.280
<v Speaker 3>somebody this morning, Weiss is the best defense lawyer that

0:18:17.400 --> 0:18:22.720
<v Speaker 3>Hunter has ever had. But his main objective in this investigation,

0:18:22.800 --> 0:18:26.040
<v Speaker 3>and the Biden Justice Department's objective has always been to

0:18:26.080 --> 0:18:30.199
<v Speaker 3>protect the president. That's first and foremost. They tried to

0:18:30.240 --> 0:18:33.280
<v Speaker 3>protect the president and bring Hunter along for the ride,

0:18:33.359 --> 0:18:40.120
<v Speaker 3>but that became politically undoable once the whistleblowers came forward.

0:18:40.760 --> 0:18:45.239
<v Speaker 3>So even in prosecuting Hunter, they've kept the objective of

0:18:45.280 --> 0:18:50.080
<v Speaker 3>protecting the president front and center. So, for example, Weiss

0:18:50.080 --> 0:18:55.840
<v Speaker 3>writes finally a fifty six page indictment on the tax case,

0:18:56.520 --> 0:19:01.119
<v Speaker 3>it doesn't mention President Biden, even though what the tax

0:19:01.200 --> 0:19:05.000
<v Speaker 3>case is about is the invasion of tax on income

0:19:05.480 --> 0:19:10.040
<v Speaker 3>that Hunter earned by peddling Joe Biden's political influence. So

0:19:10.160 --> 0:19:12.840
<v Speaker 3>Joe Biden is a central figure to the case, but

0:19:12.880 --> 0:19:17.199
<v Speaker 3>he's not discussed in the indictment. The other thing, Lisa,

0:19:17.240 --> 0:19:19.760
<v Speaker 3>that Weiss did here that I think people are going

0:19:19.800 --> 0:19:21.879
<v Speaker 3>to be reminded of, even though it escaped a lot

0:19:21.920 --> 0:19:24.560
<v Speaker 3>of people's attention at the time. Do you remember that

0:19:24.600 --> 0:19:29.919
<v Speaker 3>the Sweetheart plea deal had a statement of facts in it. Yes,

0:19:30.680 --> 0:19:34.480
<v Speaker 3>So I'm convinced, having read that a few times, that

0:19:35.600 --> 0:19:39.280
<v Speaker 3>this never happens with federal prosecutors by the way they

0:19:39.320 --> 0:19:44.040
<v Speaker 3>control the plea process, including what the defendant is going

0:19:44.119 --> 0:19:46.119
<v Speaker 3>to say. If you're giving somebody a plea deal, you

0:19:46.640 --> 0:19:48.840
<v Speaker 3>tell them this is what we expect you to admit to,

0:19:49.560 --> 0:19:51.960
<v Speaker 3>and if you don't admit to it, there's no deal,

0:19:51.960 --> 0:19:55.399
<v Speaker 3>and we'll go to trial. So in this process, it

0:19:55.480 --> 0:19:59.280
<v Speaker 3>seems to me that Weiss allowed Hunter's lawyers to write

0:19:59.320 --> 0:20:03.000
<v Speaker 3>the statement of effect, which the government then stipulated to,

0:20:03.160 --> 0:20:05.199
<v Speaker 3>meaning they agreed that that would be the statement of

0:20:05.240 --> 0:20:08.960
<v Speaker 3>facts that was presented to the court in connection with

0:20:09.000 --> 0:20:12.439
<v Speaker 3>the case. If you read that statement of facts, what

0:20:12.600 --> 0:20:15.719
<v Speaker 3>they say is that Hunter earned a lot of money

0:20:16.200 --> 0:20:20.840
<v Speaker 3>from these overseas associates and deals because he was a

0:20:20.920 --> 0:20:25.119
<v Speaker 3>high end lawyer and businessman. You don't get any sense

0:20:25.240 --> 0:20:28.520
<v Speaker 3>reading it that he earned it because he was a

0:20:28.600 --> 0:20:32.679
<v Speaker 3>ne'er do well drug addle failure who was cashing in

0:20:32.760 --> 0:20:36.240
<v Speaker 3>on his father's political influence, which is a lot closer

0:20:36.280 --> 0:20:39.760
<v Speaker 3>to the truth. So the defense is going to try

0:20:39.760 --> 0:20:42.520
<v Speaker 3>to say that Weiss is stuck with that version of

0:20:42.520 --> 0:20:46.080
<v Speaker 3>events because he already agreed to it in connection with

0:20:46.200 --> 0:20:50.320
<v Speaker 3>the POLA. But one way or the other, I don't

0:20:50.320 --> 0:20:53.439
<v Speaker 3>think the Biden people can afford in the run up

0:20:53.440 --> 0:20:57.439
<v Speaker 3>to the election to have a trial that's about Hunter

0:20:58.640 --> 0:21:02.520
<v Speaker 3>basically monetizing his father's political influence and then not paying

0:21:02.520 --> 0:21:07.720
<v Speaker 3>his fair share on that right. So I don't think

0:21:07.760 --> 0:21:10.840
<v Speaker 3>he'll I don't think he'll go to trial. And when

0:21:10.880 --> 0:21:13.440
<v Speaker 3>you say if they can't strike a plea deal. This

0:21:13.520 --> 0:21:16.359
<v Speaker 3>is how this is how cynical I've become about this.

0:21:17.320 --> 0:21:18.199
<v Speaker 2>I'm right there with you.

0:21:19.160 --> 0:21:22.360
<v Speaker 3>Why don't they try If he's going to be pardoned

0:21:22.400 --> 0:21:24.840
<v Speaker 3>anyway at the end of the rainbow, and he's never

0:21:24.880 --> 0:21:26.840
<v Speaker 3>really going to do a day in jail on this,

0:21:27.280 --> 0:21:30.919
<v Speaker 3>why not write before the election, or reasonably before the election,

0:21:31.080 --> 0:21:34.879
<v Speaker 3>like August September, announce a plea deal where Hunter is

0:21:34.920 --> 0:21:38.520
<v Speaker 3>going to plead guilty to two felonies, and the Biden

0:21:38.680 --> 0:21:41.080
<v Speaker 3>Justice Department, like they've done the last twenty four hours,

0:21:41.119 --> 0:21:43.840
<v Speaker 3>can run around, beat their chest and say, see, we

0:21:44.000 --> 0:21:47.880
<v Speaker 3>prosecuted the president's son without fear or favor. In the meantime,

0:21:47.880 --> 0:21:51.240
<v Speaker 3>they delayed it so long that he won't get sentenced

0:21:51.320 --> 0:21:54.080
<v Speaker 3>until after the election, and then his father will pardon them.

0:21:54.080 --> 0:21:56.400
<v Speaker 3>But at least before the election, they'll try to make

0:21:56.440 --> 0:21:59.000
<v Speaker 3>it look like this was a real serious, you know,

0:21:59.119 --> 0:22:03.000
<v Speaker 3>hard ass prosecution, and it'll all be play acting.

0:22:04.640 --> 0:22:07.160
<v Speaker 1>I think that is probably one hundred percent what's going

0:22:07.160 --> 0:22:10.199
<v Speaker 1>to happen. Unfortunately, you know, I think we've realized that

0:22:10.359 --> 0:22:13.520
<v Speaker 1>justice is not equal in America these days. I also

0:22:13.560 --> 0:22:17.560
<v Speaker 1>wanted to ask you President Trump is facing his sentencing

0:22:17.800 --> 0:22:22.400
<v Speaker 1>on July eleventh. I am very concerned that he will

0:22:22.400 --> 0:22:25.080
<v Speaker 1>either get thrown in prison or under house arrest, that

0:22:25.119 --> 0:22:27.520
<v Speaker 1>they're going to use this to try to sideline him

0:22:27.920 --> 0:22:29.040
<v Speaker 1>from the campaign trail.

0:22:30.640 --> 0:22:31.200
<v Speaker 2>What are your.

0:22:31.040 --> 0:22:35.000
<v Speaker 1>Thoughts on that, and then also what does his appeals

0:22:35.080 --> 0:22:37.880
<v Speaker 1>process look like and are there any ways for him

0:22:37.920 --> 0:22:41.719
<v Speaker 1>to expedite that in a meaningful way ahead of the election.

0:22:43.560 --> 0:22:46.120
<v Speaker 3>So I think he's going to get a prison sentence,

0:22:47.040 --> 0:22:48.840
<v Speaker 3>but he's not going to be sent to prison. I

0:22:48.840 --> 0:22:51.879
<v Speaker 3>think that he will get bail pending appeal. In New York,

0:22:52.440 --> 0:22:57.240
<v Speaker 3>it's a non violent crime, you know. I mean, it's

0:22:57.600 --> 0:23:00.200
<v Speaker 3>when I say it's a crime, I'm you know, I'm

0:23:00.240 --> 0:23:03.359
<v Speaker 3>just reading off like a judgment docket. In terms of

0:23:03.400 --> 0:23:05.280
<v Speaker 3>whether it's really a crime. I think if you asked

0:23:05.280 --> 0:23:07.919
<v Speaker 3>any twenty people randomly on the street what he was

0:23:07.920 --> 0:23:10.240
<v Speaker 3>convicted of, they wouldn't be able to tell you. But

0:23:10.359 --> 0:23:12.920
<v Speaker 3>let's assume like we have a crime that he turned

0:23:12.920 --> 0:23:15.600
<v Speaker 3>into thirty four crimes and he's going to be sentenced.

0:23:16.280 --> 0:23:19.840
<v Speaker 3>I think that Merchan, who has shown himself to be

0:23:20.760 --> 0:23:24.919
<v Speaker 3>like a progressive performance artist on this case, notwithstanding that

0:23:25.000 --> 0:23:28.320
<v Speaker 3>it's against the code of ethics in New York to

0:23:28.960 --> 0:23:32.240
<v Speaker 3>sit on a case if you've given political contrib they're

0:23:32.280 --> 0:23:34.440
<v Speaker 3>not supposed to give political contributions at all.

0:23:34.960 --> 0:23:37.960
<v Speaker 1>So to group Stop Republicans, I mean, that's the group

0:23:38.240 --> 0:23:41.800
<v Speaker 1>that's one of the politically stop Republicans and Joe Biden,

0:23:41.880 --> 0:23:43.919
<v Speaker 1>it's like that tells the story, you know.

0:23:44.119 --> 0:23:46.040
<v Speaker 2>But yeah, all right, Agres.

0:23:45.640 --> 0:23:49.040
<v Speaker 3>And no, you're right. And even if his even if

0:23:49.040 --> 0:23:53.119
<v Speaker 3>his daughter wasn't making a very lucrative living as a

0:23:53.280 --> 0:23:58.360
<v Speaker 3>progressive political activist who does election work for Democrats who

0:23:58.400 --> 0:24:00.840
<v Speaker 3>defined themselves by the loathing of Trump, I mean, you

0:24:00.840 --> 0:24:03.359
<v Speaker 3>wouldn't even have to get into that. Just to judge,

0:24:03.440 --> 0:24:06.480
<v Speaker 3>his own contribution should have been enough to have him

0:24:06.720 --> 0:24:08.880
<v Speaker 3>off this case. So I think we know what we're

0:24:08.920 --> 0:24:16.159
<v Speaker 3>dealing with this judge in New York. Under these circumstances,

0:24:16.640 --> 0:24:19.160
<v Speaker 3>Trump should get bail pending appeal because he's got very

0:24:19.200 --> 0:24:23.879
<v Speaker 3>profound appellate issues in this case. So I think that

0:24:24.000 --> 0:24:28.960
<v Speaker 3>Merchon knows he's going to impose sentence, but that the

0:24:29.119 --> 0:24:32.359
<v Speaker 3>consequence of the sentence he imposes is not going to

0:24:32.400 --> 0:24:35.840
<v Speaker 3>have Trump actually going to jail. And to my mind,

0:24:36.000 --> 0:24:39.720
<v Speaker 3>and again, this is the cynicism we're left with after

0:24:39.760 --> 0:24:45.359
<v Speaker 3>watching this process unfold. I think that increases Merchon's incentive

0:24:45.480 --> 0:24:49.040
<v Speaker 3>to impose a prison sentence on Trump because he knows

0:24:49.080 --> 0:24:52.000
<v Speaker 3>it's not really going to have that effect, so why

0:24:52.040 --> 0:24:54.040
<v Speaker 3>not pose as a hero. That's what he's tried to

0:24:54.040 --> 0:24:57.200
<v Speaker 3>do all along. So I think he will give Trump

0:24:57.280 --> 0:24:59.960
<v Speaker 3>a prison sentence, but it won't be executed. Trump will

0:25:00.040 --> 0:25:06.960
<v Speaker 3>at bail pending appeal whether he and by the way,

0:25:07.320 --> 0:25:10.040
<v Speaker 3>Trump should not get a prison sentence for that crime.

0:25:10.080 --> 0:25:13.240
<v Speaker 3>In New York. We're talking about New York, where Alvin

0:25:13.280 --> 0:25:17.159
<v Speaker 3>Bragg is like the paragon progressive prosecutor. Don't ask me

0:25:17.200 --> 0:25:21.840
<v Speaker 3>to say that ten times fast, but he You know,

0:25:21.960 --> 0:25:25.120
<v Speaker 3>in New York, we have felonies that get pled down

0:25:25.119 --> 0:25:28.879
<v Speaker 3>to misdemeanors if they get prosecuted at all. We have

0:25:28.960 --> 0:25:32.680
<v Speaker 3>a district attorney whose default position is that you don't prosecute.

0:25:33.160 --> 0:25:36.359
<v Speaker 3>And yet in this case, he turned something that I

0:25:36.359 --> 0:25:39.520
<v Speaker 3>don't even think is a misdemeanor into thirty four felonies

0:25:40.160 --> 0:25:43.520
<v Speaker 3>with one hundred and thirty six years of prison exposure.

0:25:43.520 --> 0:25:46.119
<v Speaker 3>And I'm now doing the same thing I criticized a

0:25:46.160 --> 0:25:50.720
<v Speaker 3>second ago. Right, I'm highlighting the statutory exposure. But I

0:25:50.760 --> 0:25:52.960
<v Speaker 3>think the reason I'm doing it is because that's why

0:25:53.000 --> 0:25:55.119
<v Speaker 3>they did it. They wanted to say that, you know,

0:25:55.480 --> 0:25:58.560
<v Speaker 3>Trump's crimes were so serious that this would be what

0:25:58.680 --> 0:26:02.920
<v Speaker 3>he'd be facing. So this whole thing is just his theater.

0:26:03.600 --> 0:26:08.200
<v Speaker 3>And consistent with that, I think march On will impose

0:26:08.280 --> 0:26:10.800
<v Speaker 3>a prison sentence even though he shouldn't. It's a non

0:26:10.920 --> 0:26:15.280
<v Speaker 3>violent crime and it's a bookkeeping offense, which wouldn't even

0:26:15.400 --> 0:26:20.439
<v Speaker 3>normally be prosecuted in New York. So the thought that

0:26:20.480 --> 0:26:24.399
<v Speaker 3>anyone does five minutes in jail for this is laughable.

0:26:24.720 --> 0:26:28.280
<v Speaker 3>But the important thing with that, Lisa, is there's the

0:26:28.480 --> 0:26:31.479
<v Speaker 3>charge that the grand jury brought, or the charges that

0:26:31.520 --> 0:26:34.359
<v Speaker 3>the grand jury brought, and then there's the charge that

0:26:34.480 --> 0:26:38.560
<v Speaker 3>Alvin Bragg told them was the center of the case,

0:26:38.960 --> 0:26:41.920
<v Speaker 3>which isn't in the indictment. So the indictment just has

0:26:42.000 --> 0:26:47.239
<v Speaker 3>like thirty four falsification of business records, which is a

0:26:47.240 --> 0:26:51.960
<v Speaker 3>misdemeanor in New York, becomes a felony if you're trying

0:26:51.960 --> 0:26:54.560
<v Speaker 3>to conceal or commit another crime. But Bragg won't tell

0:26:54.600 --> 0:26:57.719
<v Speaker 3>him in the indictment what the the felony is, and

0:26:57.760 --> 0:27:01.240
<v Speaker 3>in the meantime, Bragg, at the same time, the grand

0:27:01.320 --> 0:27:04.960
<v Speaker 3>jury indictment comes out issues to statement of facts, which

0:27:05.000 --> 0:27:09.720
<v Speaker 3>is his, not the grand juries in which he does.

0:27:09.840 --> 0:27:15.320
<v Speaker 3>This sort of fabulous recitation of a conspiracy to steal

0:27:15.760 --> 0:27:20.800
<v Speaker 3>the twenty seventeen twenty sixteen election. And it's amazing that

0:27:20.840 --> 0:27:23.320
<v Speaker 3>you could steal the twenty sixteen election by crimes that

0:27:23.359 --> 0:27:26.399
<v Speaker 3>you don't commit until twenty seventeen. But nobody should think

0:27:26.440 --> 0:27:29.440
<v Speaker 3>that logic has anything to do with what we saw

0:27:29.600 --> 0:27:32.680
<v Speaker 3>for the last six or eight weeks while that case

0:27:32.760 --> 0:27:37.200
<v Speaker 3>was going on. But when the New York prosecutors opened

0:27:37.200 --> 0:27:39.560
<v Speaker 3>to the jury, the first thing they said to them

0:27:39.880 --> 0:27:42.040
<v Speaker 3>was that this is a case about a conspiracy to

0:27:42.119 --> 0:27:48.120
<v Speaker 3>subvert the twenty sixteen election. The whole idea of business

0:27:48.119 --> 0:27:52.399
<v Speaker 3>records offenses was a complete afterthought. This case was presented

0:27:52.480 --> 0:27:56.280
<v Speaker 3>to the jury and to the judge as a successful

0:27:57.040 --> 0:28:01.160
<v Speaker 3>conspiracy to steal the election. To deprive the fraud here.

0:28:01.840 --> 0:28:04.600
<v Speaker 3>If you can believe this is because I keep asking,

0:28:04.680 --> 0:28:08.520
<v Speaker 3>what's the where is the beyond the reasonable doubt proof

0:28:08.560 --> 0:28:11.439
<v Speaker 3>of an intent to defraud? Who was defrauded here? And

0:28:11.560 --> 0:28:14.480
<v Speaker 3>Bragg's theory is the people of the United States were

0:28:14.520 --> 0:28:18.560
<v Speaker 3>defrauded out of the Hillary Clinton presidency. There's no you know,

0:28:18.600 --> 0:28:23.240
<v Speaker 3>there's no financial nobody. Uh, the state got every penny

0:28:23.320 --> 0:28:26.640
<v Speaker 3>of taxes that it was supposed to get and probably more.

0:28:27.040 --> 0:28:29.919
<v Speaker 3>There's no victim of fraud here. And I mentioned fraud

0:28:29.960 --> 0:28:33.560
<v Speaker 3>because you're supposed to The crime here, if that matters,

0:28:34.160 --> 0:28:38.840
<v Speaker 3>is falsification of business records with intent to defraud. And

0:28:38.880 --> 0:28:42.600
<v Speaker 3>the intent to defraud is supposed to include the concealment

0:28:42.680 --> 0:28:45.360
<v Speaker 3>of another crime. But you have to prove intent to

0:28:45.360 --> 0:28:48.320
<v Speaker 3>defraud beyond a reasonable doubt. I don't see it. But

0:28:48.440 --> 0:28:51.240
<v Speaker 3>Bragg's theory was the country was defrauded out of the

0:28:51.320 --> 0:28:57.160
<v Speaker 3>Hillary presidency. That would have happened if Trump hadn't concealed

0:28:58.640 --> 0:29:05.120
<v Speaker 3>these trusts that he had with these women by what

0:29:05.160 --> 0:29:11.440
<v Speaker 3>Bragg says were violations of the federal campaign finance laws.

0:29:11.680 --> 0:29:15.000
<v Speaker 3>But this is a long winded way of saying the

0:29:15.120 --> 0:29:17.680
<v Speaker 3>case is, it's presented to Judge march On, who will

0:29:17.680 --> 0:29:22.560
<v Speaker 3>impose sentence. Is not a penny anti business records fraud case.

0:29:23.320 --> 0:29:27.480
<v Speaker 3>They have described the worst conspiracy in the history of

0:29:27.520 --> 0:29:33.800
<v Speaker 3>the United States, a successful conspiracy to steal the presidency,

0:29:34.160 --> 0:29:37.240
<v Speaker 3>which they say worked. If that's the way they tee

0:29:37.280 --> 0:29:39.280
<v Speaker 3>it up for the judge, how does he not impose

0:29:39.600 --> 0:29:40.479
<v Speaker 3>a prison sentence.

0:29:42.040 --> 0:29:45.840
<v Speaker 1>I guess what I'm worried about is he's going to

0:29:45.920 --> 0:29:49.880
<v Speaker 1>reach the same fate in the appeals process in liberal

0:29:49.960 --> 0:29:51.800
<v Speaker 1>New York that has it out from them in the

0:29:51.880 --> 0:29:56.080
<v Speaker 1>same way that Judge Majahn has as well. Is there

0:29:57.160 --> 0:29:59.280
<v Speaker 1>Do you agree with that? And then if so, how

0:29:59.400 --> 0:30:01.400
<v Speaker 1>can he expect to the Supreme Court?

0:30:02.360 --> 0:30:04.440
<v Speaker 3>Yeah? I think two things about that. First of all,

0:30:05.400 --> 0:30:08.320
<v Speaker 3>the quality of justice in the trial courts in New

0:30:08.400 --> 0:30:13.280
<v Speaker 3>York is appalling, and that's largely because there are a

0:30:13.280 --> 0:30:15.800
<v Speaker 3>lot of them are political appointees. A lot of them

0:30:15.840 --> 0:30:19.959
<v Speaker 3>are elected. I mean, the system is pervaded with politics.

0:30:20.400 --> 0:30:22.240
<v Speaker 3>So a lot of the trial judges, like Judge and

0:30:22.360 --> 0:30:25.840
<v Speaker 3>Goern is an elected judge, right, Judge merch On is

0:30:25.880 --> 0:30:29.280
<v Speaker 3>an appointed judge. But they're appointed by Club Democrats and

0:30:29.320 --> 0:30:33.760
<v Speaker 3>Democratic officials. So the whole thing in the trial section is,

0:30:34.400 --> 0:30:37.760
<v Speaker 3>you know, it's elected lawyers and appointed lawyers who are

0:30:37.800 --> 0:30:40.959
<v Speaker 3>good Club Democrat lawyers who if they do the right

0:30:41.000 --> 0:30:43.360
<v Speaker 3>thing for the party long enough, they get on the

0:30:43.400 --> 0:30:47.120
<v Speaker 3>bench either through a an unopposed slot in the election

0:30:47.440 --> 0:30:50.800
<v Speaker 3>or they managed to get themselves appointed. And we get

0:30:50.800 --> 0:30:53.640
<v Speaker 3>a lot of stuff from the trial courts, that's awful.

0:30:54.120 --> 0:30:56.080
<v Speaker 3>As you go up in the New York system, the

0:30:56.160 --> 0:31:00.520
<v Speaker 3>quality gets better. The appellate division is significantly better than

0:31:00.560 --> 0:31:03.320
<v Speaker 3>the trial courts, and the Court of Appeals, which is

0:31:03.360 --> 0:31:06.120
<v Speaker 3>the highest court in New York, is better than the

0:31:06.640 --> 0:31:10.479
<v Speaker 3>appellate division. And I think that's shown for example Lisa

0:31:10.560 --> 0:31:15.760
<v Speaker 3>by Harvey Weinstein, who is a very very unpopular figure,

0:31:16.040 --> 0:31:19.040
<v Speaker 3>like you could say that about Trump as well in

0:31:19.080 --> 0:31:22.240
<v Speaker 3>New York. And yet it took three or four years,

0:31:22.640 --> 0:31:26.040
<v Speaker 3>but they threw out his conviction because the trial was

0:31:26.120 --> 0:31:31.880
<v Speaker 3>utterly completely unfair. So it's just as delayed, but eventually

0:31:31.920 --> 0:31:35.240
<v Speaker 3>they came out to the right result. I think with Trump,

0:31:36.040 --> 0:31:39.160
<v Speaker 3>the thing is the appeals process is going to stretch

0:31:39.200 --> 0:31:44.640
<v Speaker 3>into years from now. By the time it gets decided,

0:31:45.120 --> 0:31:48.400
<v Speaker 3>Trump will either have lost the twenty twenty four election,

0:31:49.600 --> 0:31:52.720
<v Speaker 3>in which case they won't care about him that much anymore,

0:31:53.200 --> 0:31:56.280
<v Speaker 3>or he'll have won the twenty twenty four election, and

0:31:56.320 --> 0:31:58.960
<v Speaker 3>that'll mean everything in New York will probably be frozen

0:31:59.040 --> 0:32:01.880
<v Speaker 3>until after he'st of office, at which point they won't

0:32:02.160 --> 0:32:05.800
<v Speaker 3>care about him that much anymore. So I think what

0:32:05.840 --> 0:32:08.880
<v Speaker 3>the Democrats did this for the whole timing of it

0:32:09.040 --> 0:32:11.720
<v Speaker 3>was so that they could have a talking point going

0:32:11.760 --> 0:32:15.120
<v Speaker 3>into the election that Trump is a convicted felon, a

0:32:15.160 --> 0:32:20.160
<v Speaker 3>thirty four time convicted felon, and they've accomplished that, so

0:32:20.200 --> 0:32:23.240
<v Speaker 3>that can't be unwrung. But I think down the line

0:32:24.120 --> 0:32:27.600
<v Speaker 3>he will get better quality of justice in the appellate process.

0:32:27.640 --> 0:32:31.000
<v Speaker 3>That's already been evident by the way in the in

0:32:31.040 --> 0:32:33.920
<v Speaker 3>the civil fraud case where the Court of Appeal or

0:32:33.960 --> 0:32:39.400
<v Speaker 3>the Appellate Division in New York reversed anger On on

0:32:39.440 --> 0:32:41.479
<v Speaker 3>a number of things he did during the trial and

0:32:41.520 --> 0:32:46.680
<v Speaker 3>then cut the bond that Trump had to post in

0:32:46.760 --> 0:32:50.680
<v Speaker 3>order to have his appeal. So you can see, you

0:32:50.720 --> 0:32:53.800
<v Speaker 3>get he's done better already in the appellate division than

0:32:53.840 --> 0:32:55.960
<v Speaker 3>he did in the trial court. And I expect that

0:32:56.240 --> 0:32:57.640
<v Speaker 3>to continue.

0:32:58.120 --> 0:33:00.560
<v Speaker 2>Can get your Supreme Court for that.

0:33:00.680 --> 0:33:04.240
<v Speaker 1>Is there any means to try to get the Supreme

0:33:04.280 --> 0:33:07.280
<v Speaker 1>Court to take it up given the significance to the country.

0:33:08.200 --> 0:33:10.760
<v Speaker 3>So this is a great question, and I know a

0:33:10.800 --> 0:33:13.680
<v Speaker 3>lot of people that we both know are trying to

0:33:14.000 --> 0:33:17.760
<v Speaker 3>brainstorm to do that. Here's the problem I think with

0:33:17.840 --> 0:33:22.440
<v Speaker 3>that that people are overlooking This case has already been

0:33:22.840 --> 0:33:27.480
<v Speaker 3>in federal court. You know, we're so riveted to what's

0:33:27.480 --> 0:33:31.120
<v Speaker 3>happened in the state court, because it was so egregious

0:33:31.800 --> 0:33:34.200
<v Speaker 3>that I think some people are forgetting some of the

0:33:34.240 --> 0:33:38.160
<v Speaker 3>important procedural history in the case. But if you remember,

0:33:38.880 --> 0:33:42.800
<v Speaker 3>Trump gets indicted I think in April of twenty twenty three,

0:33:43.400 --> 0:33:45.200
<v Speaker 3>and one of the first things he does is he

0:33:45.240 --> 0:33:51.240
<v Speaker 3>tries to remove the case to federal court. And his

0:33:51.360 --> 0:33:57.600
<v Speaker 3>theory there was that he had federal defenses because Bragg

0:33:57.760 --> 0:34:01.240
<v Speaker 3>was trying to enforce the campaign finance laws and a

0:34:01.240 --> 0:34:05.280
<v Speaker 3>lot of the activity happened while he was president. So

0:34:05.320 --> 0:34:07.520
<v Speaker 3>he goes into the Southern District of New York, my

0:34:07.600 --> 0:34:14.800
<v Speaker 3>old courthouse in Manhattan, and unfortunately for them, but for Trump,

0:34:15.680 --> 0:34:18.799
<v Speaker 3>the draw he gets is Judge Alvin Hellerstein, who is

0:34:18.840 --> 0:34:23.680
<v Speaker 3>a ninety year old senior judge Clinton appointee, and basically,

0:34:23.760 --> 0:34:29.839
<v Speaker 3>Hellerstein blesses everything that Bragg wanted to do, including to

0:34:30.000 --> 0:34:33.520
<v Speaker 3>enforce the federal campaign finance laws. Now, it was a

0:34:33.640 --> 0:34:38.319
<v Speaker 3>terrible decision, but it is a decision. So for like

0:34:38.400 --> 0:34:40.799
<v Speaker 3>these people who keep saying, we got to get this

0:34:40.880 --> 0:34:43.520
<v Speaker 3>case into federal court, what New York's going to come

0:34:43.520 --> 0:34:46.279
<v Speaker 3>back and say is this case was already in federal court.

0:34:46.320 --> 0:34:49.880
<v Speaker 3>We had to give Judge Hellerstein all of our theories

0:34:49.920 --> 0:34:53.959
<v Speaker 3>for what we were prosecuting here, what the crimes were.

0:34:54.239 --> 0:34:57.719
<v Speaker 3>We had to give discovery to Trump about what the

0:34:58.320 --> 0:35:01.960
<v Speaker 3>other crime was that that we were alleging he concealed

0:35:02.000 --> 0:35:06.279
<v Speaker 3>by the business records fraud. So what they're going to

0:35:06.280 --> 0:35:09.160
<v Speaker 3>say is this has already got played out in federal court,

0:35:09.760 --> 0:35:12.200
<v Speaker 3>and because it did, it's going to make it much

0:35:12.239 --> 0:35:16.640
<v Speaker 3>more difficult for Trump at this point to try to

0:35:16.680 --> 0:35:20.680
<v Speaker 3>get out of the regular state appellate process and jump

0:35:20.719 --> 0:35:24.160
<v Speaker 3>into federal court on a theory that like the federal

0:35:24.160 --> 0:35:27.120
<v Speaker 3>courts have to intervene here because the state is gone rogue.

0:35:27.520 --> 0:35:29.719
<v Speaker 3>What the state's going to say is, we already ran

0:35:29.760 --> 0:35:31.640
<v Speaker 3>this past a federal court. That's how we got to

0:35:32.040 --> 0:35:33.160
<v Speaker 3>be able to do the case.

0:35:33.880 --> 0:35:35.759
<v Speaker 1>We've got to take a quick commercial break more with

0:35:35.800 --> 0:35:41.959
<v Speaker 1>any McCarthy. On the other side, Alvin Bragg is going

0:35:41.960 --> 0:35:45.040
<v Speaker 1>to face the House Judiciary Committee on July twelfth, the

0:35:45.120 --> 0:35:46.279
<v Speaker 1>day after the sentencing.

0:35:46.960 --> 0:35:49.600
<v Speaker 2>Now, could anything.

0:35:49.239 --> 0:35:56.360
<v Speaker 1>That he says during this hearing help President Trump's appeal process, Like,

0:35:56.400 --> 0:35:59.200
<v Speaker 1>could anything come to light during that that could then

0:35:59.239 --> 0:36:02.560
<v Speaker 1>be used, uh, you know, evidence of bias or you

0:36:02.600 --> 0:36:03.239
<v Speaker 1>know what have you.

0:36:04.640 --> 0:36:08.359
<v Speaker 3>I'm really surprised he's agreed to testify. Frankly, you know this.

0:36:08.680 --> 0:36:12.360
<v Speaker 3>This came up once before they tried to They tried

0:36:12.360 --> 0:36:15.480
<v Speaker 3>to make him come after the indictment, and he told

0:36:15.520 --> 0:36:18.319
<v Speaker 3>them to pound sand I was kind of expecting, uh,

0:36:18.760 --> 0:36:21.279
<v Speaker 3>he do that again. So I'm I'll be interested to

0:36:21.280 --> 0:36:25.239
<v Speaker 3>see if he if he says anything of note. I think,

0:36:25.520 --> 0:36:28.440
<v Speaker 3>you know, he's a clever enough guy that you know

0:36:28.480 --> 0:36:30.720
<v Speaker 3>he'll answer what he does when he wants to answer,

0:36:30.800 --> 0:36:33.520
<v Speaker 3>and then he won't answer anything that he doesn't want

0:36:33.560 --> 0:36:40.480
<v Speaker 3>to answer. Because the New York state system is not

0:36:40.600 --> 0:36:44.440
<v Speaker 3>under the supervision of Congress. And I must say, if

0:36:44.440 --> 0:36:47.239
<v Speaker 3>I was a state district attorney, and this is like

0:36:47.480 --> 0:36:52.960
<v Speaker 3>completely set apart from how I feel about Bragg or

0:36:53.000 --> 0:36:56.200
<v Speaker 3>any other state official. But if Congress, if I was

0:36:56.200 --> 0:37:01.439
<v Speaker 3>a state district attorney and Congress subpoened me to come

0:37:01.480 --> 0:37:05.400
<v Speaker 3>and explain my charging decisions as a state official, I

0:37:05.520 --> 0:37:08.360
<v Speaker 3>tell him to screw themselves. I wouldn't. I wouldn't come,

0:37:08.719 --> 0:37:11.120
<v Speaker 3>I wouldn't testify. I'd let him. I'd say, you know,

0:37:11.239 --> 0:37:13.080
<v Speaker 3>good luck try and forcing it in court.

0:37:13.160 --> 0:37:16.239
<v Speaker 2>Is it a victory lap then? For him? Is that?

0:37:16.360 --> 0:37:18.640
<v Speaker 1>Do you think he's doing it as a to be spiteful,

0:37:18.960 --> 0:37:20.960
<v Speaker 1>you know, kind of a middle finger to Republicans kind

0:37:21.000 --> 0:37:21.200
<v Speaker 1>of thing.

0:37:21.280 --> 0:37:23.680
<v Speaker 3>No, No, I don't, well, I think there's a lot

0:37:23.719 --> 0:37:27.440
<v Speaker 3>of that, But you know, I think Democrats are very

0:37:27.440 --> 0:37:29.960
<v Speaker 3>good at playing this game. So I'm sure that Bragg

0:37:30.040 --> 0:37:33.560
<v Speaker 3>is coordinating with Jamie Raskin and like all the all

0:37:33.640 --> 0:37:37.480
<v Speaker 3>the kids who are on that committee, and they'll have

0:37:37.520 --> 0:37:43.560
<v Speaker 3>a very well orchestrated performance, and Bragg will look appropriately

0:37:43.640 --> 0:37:47.600
<v Speaker 3>combative when like whether it's Jim Jordan or Jamie Comer,

0:37:47.680 --> 0:37:50.680
<v Speaker 3>who else goes after him, And then he'll have a

0:37:50.680 --> 0:37:53.680
<v Speaker 3>whole they'll have a whole scripted performance with the Democrats

0:37:53.719 --> 0:37:57.680
<v Speaker 3>on the committee, and I'm sure he'll come off looking

0:37:57.760 --> 0:38:00.560
<v Speaker 3>pretty effective. But he won't tell them anything. I mean,

0:38:00.560 --> 0:38:03.360
<v Speaker 3>he doesn't have to tell them anything. He's a he's

0:38:03.400 --> 0:38:08.759
<v Speaker 3>he's an executive official who was elected by you know,

0:38:09.239 --> 0:38:12.399
<v Speaker 3>all the you know, the big problems that we have

0:38:12.640 --> 0:38:15.680
<v Speaker 3>in this country are not legal problems. They're cultural problems.

0:38:15.719 --> 0:38:17.680
<v Speaker 3>You know. We have we have a situation where in

0:38:17.719 --> 0:38:23.040
<v Speaker 3>big blue states and cities, people now campaign on the

0:38:23.080 --> 0:38:26.000
<v Speaker 3>idea of elect me and I will use the powers

0:38:26.000 --> 0:38:29.600
<v Speaker 3>of our office against our political enemies. When I was

0:38:29.600 --> 0:38:32.799
<v Speaker 3>a young prosecutor in the eighties and Bob Morgenthal was

0:38:32.920 --> 0:38:37.680
<v Speaker 3>the state prosecutor there, that would have been disqualifying to

0:38:37.760 --> 0:38:40.680
<v Speaker 3>make an argument like that, And he got elected for

0:38:40.760 --> 0:38:42.880
<v Speaker 3>twenty five years because he would never in a million

0:38:42.960 --> 0:38:46.920
<v Speaker 3>years have done something like that. Now, these people like

0:38:47.080 --> 0:38:50.640
<v Speaker 3>Letitia James and Alvin Bragg campaign this way and they

0:38:50.640 --> 0:38:54.040
<v Speaker 3>get elected comfortably. So I think, you know, that's a

0:38:54.040 --> 0:39:00.319
<v Speaker 3>big problem. But he is an elected state official. He

0:39:00.360 --> 0:39:04.240
<v Speaker 3>doesn't owe any answers to Congress. What I keep hearing

0:39:04.360 --> 0:39:07.840
<v Speaker 3>is that, well, they take federal money. You know, Congress

0:39:07.840 --> 0:39:11.200
<v Speaker 3>appropriates federal Well maybe they can ask him about how

0:39:11.239 --> 0:39:15.440
<v Speaker 3>he is using the federal money that he gets appropriated.

0:39:15.760 --> 0:39:17.800
<v Speaker 3>But I don't think he has to answer any questions

0:39:17.800 --> 0:39:20.320
<v Speaker 3>about his charging decisions. I wouldn't.

0:39:21.560 --> 0:39:25.040
<v Speaker 1>You know before we go, I'm really interested in hearing

0:39:25.080 --> 0:39:29.040
<v Speaker 1>your perspective on the justice system in America. You know,

0:39:29.080 --> 0:39:31.880
<v Speaker 1>you're someone who's really dedicated your life, your career to

0:39:31.920 --> 0:39:34.319
<v Speaker 1>the rule of law. I know it's something you take

0:39:34.480 --> 0:39:40.080
<v Speaker 1>very seriously. So after following the Trump case, what's your

0:39:40.160 --> 0:39:43.360
<v Speaker 1>viewpoint on America's justice system today?

0:39:44.719 --> 0:39:49.480
<v Speaker 3>So I wrote a piece for National Review that was

0:39:49.520 --> 0:39:51.360
<v Speaker 3>called in Memory of Justice. I think it was a

0:39:51.440 --> 0:39:53.719
<v Speaker 3>day or two after this all ended, and it was

0:39:53.800 --> 0:40:00.960
<v Speaker 3>kind of a despondent essay. But I was covering the

0:40:01.040 --> 0:40:05.480
<v Speaker 3>trial with and speaking to a lot of people who,

0:40:05.800 --> 0:40:11.279
<v Speaker 3>like me, had their roots in the justice system. And

0:40:11.360 --> 0:40:13.240
<v Speaker 3>a lot of the people I would talk was talking

0:40:13.280 --> 0:40:18.160
<v Speaker 3>to have absolutely no use for Donald Trump. You know,

0:40:18.200 --> 0:40:22.280
<v Speaker 3>they won't vote for him, their hostile to them, et cetera.

0:40:22.480 --> 0:40:24.759
<v Speaker 3>Not all of the people I'm talking to, but a

0:40:24.800 --> 0:40:27.160
<v Speaker 3>lot of them. You know, this was New York after all,

0:40:29.040 --> 0:40:32.200
<v Speaker 3>and yet those people were despondent as well, and it

0:40:32.320 --> 0:40:36.080
<v Speaker 3>was kind of I've referred to it as a as

0:40:36.080 --> 0:40:39.360
<v Speaker 3>a kind of they know not what they do moment,

0:40:39.880 --> 0:40:44.440
<v Speaker 3>because if you take Trump out of this, you can't

0:40:44.480 --> 0:40:53.600
<v Speaker 3>have a strong republic, a free republic, a flourishing, profitable,

0:40:54.600 --> 0:40:59.799
<v Speaker 3>rich society without the rule of law. And it's an

0:40:59.800 --> 0:41:02.920
<v Speaker 3>a essential building block. You know. Look every Western movie

0:41:02.960 --> 0:41:05.920
<v Speaker 3>that anyone's ever seen in America about like the country

0:41:06.320 --> 0:41:09.319
<v Speaker 3>as the you know, as the Frontier was expanding. The

0:41:09.360 --> 0:41:12.319
<v Speaker 3>first thing they do when they move into town, well,

0:41:12.920 --> 0:41:15.840
<v Speaker 3>the first thing they do is construct a saloon. But

0:41:15.960 --> 0:41:18.600
<v Speaker 3>the second thing they do is they have law enforcement right,

0:41:18.640 --> 0:41:21.359
<v Speaker 3>they have the sheriff, they have the whole. But that's

0:41:21.440 --> 0:41:24.799
<v Speaker 3>because everybody understands that if you don't have the rule

0:41:24.840 --> 0:41:26.800
<v Speaker 3>of law, then you have the law of the jungle.

0:41:27.160 --> 0:41:32.120
<v Speaker 3>There's no you know, there's no middle ground. And the

0:41:32.560 --> 0:41:36.399
<v Speaker 3>essential building block of the rule of law is that

0:41:36.760 --> 0:41:40.520
<v Speaker 3>everybody believes that they get a fair shape. That is

0:41:40.560 --> 0:41:45.360
<v Speaker 3>that our first guiding principle is equal protection under the law.

0:41:45.600 --> 0:41:49.400
<v Speaker 3>That the bar of justice. To speak of it in

0:41:49.520 --> 0:41:54.440
<v Speaker 3>the kind of emotive tones that we often use in

0:41:54.560 --> 0:41:57.240
<v Speaker 3>legal protection, but the bar of justice is where everybody

0:41:57.280 --> 0:41:59.680
<v Speaker 3>comes to get a fair shake and where the smallest,

0:42:00.840 --> 0:42:03.840
<v Speaker 3>most helpless citizen stands as an equal with the most

0:42:03.840 --> 0:42:09.759
<v Speaker 3>powerful government. If you lose that, you lose everything. And

0:42:10.440 --> 0:42:15.480
<v Speaker 3>what I don't think democrats and progressives realize is that

0:42:15.520 --> 0:42:19.840
<v Speaker 3>by turning this essential building block of a free and

0:42:19.920 --> 0:42:25.680
<v Speaker 3>prosperous society into a political weapon, they are threatening. They

0:42:25.680 --> 0:42:32.200
<v Speaker 3>may be beyond just threatening. They are threatening the legitimacy

0:42:32.320 --> 0:42:35.800
<v Speaker 3>of it in the sense that people accept its outcomes

0:42:36.160 --> 0:42:40.360
<v Speaker 3>as fair and just. And if you lose that, we

0:42:40.480 --> 0:42:43.640
<v Speaker 3>lose the system. And if we lose the system, we

0:42:43.719 --> 0:42:47.680
<v Speaker 3>lose the United States. So I don't think this is

0:42:47.719 --> 0:42:51.279
<v Speaker 3>about Trump. I think Trump is like, you know, he

0:42:51.680 --> 0:42:54.200
<v Speaker 3>shines a spotlight, as he often does, you know, I mean,

0:42:54.239 --> 0:42:58.160
<v Speaker 3>he shines a spotlight on a serious problem. But the

0:42:58.200 --> 0:43:01.279
<v Speaker 3>problem is not about Trump. The problem is about the

0:43:01.360 --> 0:43:06.120
<v Speaker 3>fact that culturally it's become acceptable to use the justice

0:43:06.120 --> 0:43:09.720
<v Speaker 3>system that way. And the thing I worry most about, Lisa,

0:43:10.320 --> 0:43:13.239
<v Speaker 3>in terms of the country is that we're like two

0:43:13.280 --> 0:43:16.480
<v Speaker 3>ships passing in the night, in the sense that on

0:43:16.520 --> 0:43:21.520
<v Speaker 3>our side we're saying, you're using the justice system as

0:43:21.560 --> 0:43:25.319
<v Speaker 3>a political weapon, where the process is the penalty, and

0:43:25.560 --> 0:43:28.080
<v Speaker 3>instead of saying nowhere not, the other side is saying,

0:43:28.120 --> 0:43:30.440
<v Speaker 3>you're damn right, we are. That's what we do, you know.

0:43:32.120 --> 0:43:36.759
<v Speaker 3>And in too many big cities in America where too

0:43:36.760 --> 0:43:39.399
<v Speaker 3>many you know, look, millions and millions of people live

0:43:39.440 --> 0:43:45.480
<v Speaker 3>in these places, and they drive, they drive popular opinion

0:43:45.520 --> 0:43:48.680
<v Speaker 3>in the culture, but they think it's just peachy to

0:43:48.880 --> 0:43:53.719
<v Speaker 3>use the processes of the system in a punitive way

0:43:54.239 --> 0:43:57.959
<v Speaker 3>against their political enemies. And anybody who thinks like there's

0:43:57.960 --> 0:44:01.319
<v Speaker 3>a suy generous Trump law law where this is all

0:44:01.360 --> 0:44:03.480
<v Speaker 3>going to be cabin for Trump and it's only ever

0:44:03.520 --> 0:44:06.360
<v Speaker 3>going to be applied to Trump, and that the precedents

0:44:06.400 --> 0:44:10.400
<v Speaker 3>that they're setting in going after one political enemy won't

0:44:10.400 --> 0:44:13.560
<v Speaker 3>be used again and again and again against other political enemies.

0:44:13.640 --> 0:44:17.080
<v Speaker 3>As if Trump is their only political enemy. You're crazy

0:44:17.120 --> 0:44:18.080
<v Speaker 3>if that's what you think.

0:44:18.680 --> 0:44:22.560
<v Speaker 1>I totally agree, Annie McCarthy. I'm praying that you know,

0:44:23.080 --> 0:44:26.320
<v Speaker 1>Americans are awake and we can turn this all around

0:44:26.480 --> 0:44:29.560
<v Speaker 1>in November and they realize that, you know, there's this

0:44:29.640 --> 0:44:33.120
<v Speaker 1>is so much more than just a political election. It

0:44:33.160 --> 0:44:35.680
<v Speaker 1>really is about the survival of the republic in my opinion.

0:44:35.760 --> 0:44:38.360
<v Speaker 1>But you know, I hope people realize what you're saying.

0:44:39.320 --> 0:44:41.680
<v Speaker 1>You're You're not a partisan guy. You're just someone who

0:44:41.680 --> 0:44:43.759
<v Speaker 1>cares about the law. So I really hope people are

0:44:43.760 --> 0:44:47.400
<v Speaker 1>paying attention to what you just said. Always appreciate you

0:44:47.440 --> 0:44:48.160
<v Speaker 1>coming on the show.

0:44:48.560 --> 0:44:50.439
<v Speaker 3>It's always a pleasure, Lisa, Thanks so much.

0:44:50.560 --> 0:44:51.719
<v Speaker 2>It was Anny McCarthy.

0:44:51.840 --> 0:44:54.200
<v Speaker 1>I swear I always learned so much from him when

0:44:54.239 --> 0:44:57.480
<v Speaker 1>he comes on the show. Always just super interesting analysis

0:44:57.880 --> 0:44:59.640
<v Speaker 1>and he is able to just really dig in and

0:44:59.719 --> 0:45:02.040
<v Speaker 1>let us know what's really going on. So appreciate so

0:45:02.160 --> 0:45:03.880
<v Speaker 1>much for him making the time. Appreciate you guys at

0:45:03.960 --> 0:45:06.239
<v Speaker 1>home for listening every Monday and Thursday. But of course

0:45:06.280 --> 0:45:08.120
<v Speaker 1>you can listen throughout the week. I want to think

0:45:08.200 --> 0:45:10.440
<v Speaker 1>John Cassio and my producer for putting the show together

0:45:10.600 --> 0:45:11.359
<v Speaker 1>Until next time.