1 00:00:00,920 --> 00:00:03,240 Speaker 1: All right, guys, we are coming to you with some 2 00:00:03,520 --> 00:00:09,160 Speaker 1: major breaking news. Once again, former President Trump has been indicted. 3 00:00:09,400 --> 00:00:11,600 Speaker 1: This time, the charges have to do with January sixth 4 00:00:11,680 --> 00:00:14,760 Speaker 1: and fake elector's scheme. Special counsel Jack Smith announced the 5 00:00:14,840 --> 00:00:16,200 Speaker 1: charges in a press conference earlier. 6 00:00:16,239 --> 00:00:17,320 Speaker 2: Let's take a liston. 7 00:00:17,960 --> 00:00:23,200 Speaker 3: Today, an indictment was unsealed, charging Donald J. Trump with 8 00:00:23,360 --> 00:00:29,160 Speaker 3: conspiring to defraud the United States, conspiring to disenfranchise voters, 9 00:00:30,160 --> 00:00:34,960 Speaker 3: and conspiring and attempting to obstruct an official proceeding. The 10 00:00:35,000 --> 00:00:37,920 Speaker 3: indictment was issued by a grandeury of citizens here in 11 00:00:37,960 --> 00:00:41,040 Speaker 3: the District of Columbia, and it sets forth the crimes 12 00:00:41,080 --> 00:00:45,960 Speaker 3: charged in detail. I encourage everyone to read it in full. 13 00:00:48,240 --> 00:00:51,720 Speaker 3: The attack on our nation's capital on January sixth, twenty 14 00:00:51,840 --> 00:00:56,000 Speaker 3: twenty one, was an unprecedented assault on the seat of 15 00:00:56,040 --> 00:01:00,800 Speaker 3: American democracy. It's described in the indictment. It was fueled 16 00:01:00,840 --> 00:01:06,280 Speaker 3: by lies, lies by the defendant targeted at obstructing a 17 00:01:06,319 --> 00:01:11,679 Speaker 3: bedrock function of the US government, the nation's process of collecting, counting, 18 00:01:11,840 --> 00:01:18,520 Speaker 3: and certifying the results of the presidential election. The men 19 00:01:18,560 --> 00:01:21,400 Speaker 3: and women of law enforcement who defended the US capital 20 00:01:21,800 --> 00:01:26,000 Speaker 3: on January sixth are heroes. They are patriots, and they 21 00:01:26,000 --> 00:01:29,280 Speaker 3: are the very best of us. They did not just 22 00:01:29,360 --> 00:01:34,160 Speaker 3: defend a building or the people sheltering in it. They 23 00:01:34,200 --> 00:01:36,360 Speaker 3: put their lives in the line to defend who we 24 00:01:36,400 --> 00:01:40,240 Speaker 3: are as a country and as a people. They defended 25 00:01:40,280 --> 00:01:43,920 Speaker 3: the very institutions and principles that define the United States. 26 00:01:46,080 --> 00:01:48,760 Speaker 3: Since the attack on our capital, the Department of Justice 27 00:01:48,760 --> 00:01:53,840 Speaker 3: has remained committed to ensuring accountability for those criminally responsible 28 00:01:53,840 --> 00:01:57,880 Speaker 3: for what happened that day. This case has brought consistent 29 00:01:57,880 --> 00:02:04,440 Speaker 3: with that commitment, investigation of other individuals continues. In this case, 30 00:02:05,280 --> 00:02:07,960 Speaker 3: my office will seek a speedy trial so that our 31 00:02:07,960 --> 00:02:10,880 Speaker 3: evidence can be tested in court and judged by a 32 00:02:10,960 --> 00:02:15,720 Speaker 3: jury of citizens. In the meantime, I must emphasize that 33 00:02:15,800 --> 00:02:19,320 Speaker 3: the indictment is only an allegation, and that the defendant 34 00:02:19,400 --> 00:02:24,079 Speaker 3: must be presumed innocent until proving guilty beyond a reasonable 35 00:02:24,120 --> 00:02:28,600 Speaker 3: doubt in a court of law. I would like to 36 00:02:28,639 --> 00:02:32,000 Speaker 3: thank the members of the Federal Bureau of Investigation who 37 00:02:32,000 --> 00:02:35,760 Speaker 3: are working on this investigation with my office, as well 38 00:02:35,800 --> 00:02:39,720 Speaker 3: as the many career prosecutors and law enforcement agents from 39 00:02:39,760 --> 00:02:44,120 Speaker 3: around the country who have worked on previous January sixth investigations. 40 00:02:45,320 --> 00:02:48,040 Speaker 3: These women and men are public servants of the very 41 00:02:48,120 --> 00:02:51,839 Speaker 3: highest order, and it is a privilege to work alongside them. 42 00:02:52,240 --> 00:02:53,320 Speaker 2: Okay, so you hear there. 43 00:02:53,320 --> 00:02:56,880 Speaker 1: The specific charges, those are the ones that were listed 44 00:02:57,000 --> 00:03:00,400 Speaker 1: in the document that Trump received announcing to him that 45 00:03:00,480 --> 00:03:03,320 Speaker 1: he was a target of this investigation. So no huge 46 00:03:03,360 --> 00:03:06,160 Speaker 1: surprises there, But there's a lot of detail to go 47 00:03:06,320 --> 00:03:09,720 Speaker 1: through in this indictment. The Special Council goes to great 48 00:03:09,800 --> 00:03:14,400 Speaker 1: lengths to assert not only did Trump assert false you know, 49 00:03:14,480 --> 00:03:18,960 Speaker 1: election lies, not only did he use those lies to 50 00:03:19,000 --> 00:03:23,519 Speaker 1: try to perpetetrate this fraud over across multiple states, involving 51 00:03:23,600 --> 00:03:25,840 Speaker 1: slates of fake electors and going all the way up 52 00:03:25,919 --> 00:03:28,920 Speaker 1: until January sixth, and pressuring Mike Pence to try to 53 00:03:29,080 --> 00:03:31,680 Speaker 1: overturn the results of the election. But they also go 54 00:03:31,960 --> 00:03:36,960 Speaker 1: into great detail trying to persuade what will ultimately be 55 00:03:37,120 --> 00:03:40,640 Speaker 1: you know, a jury in DC, that Trump knew that 56 00:03:40,680 --> 00:03:44,040 Speaker 1: those claims were false, and that he pushed forward. 57 00:03:43,880 --> 00:03:44,760 Speaker 2: With them anyway. 58 00:03:44,880 --> 00:03:46,880 Speaker 1: Just to give you a sense of you know, one 59 00:03:46,920 --> 00:03:49,400 Speaker 1: of the pieces of many pieces of evidence that they 60 00:03:49,480 --> 00:03:51,560 Speaker 1: used for this of this person and that person who 61 00:03:51,880 --> 00:03:53,920 Speaker 1: had told Trump that these claims were false and he 62 00:03:54,000 --> 00:03:57,320 Speaker 1: pushed forward in spite of it. They're talking about his 63 00:03:57,600 --> 00:04:00,680 Speaker 1: claims with regard to Georgia, and they say, on November 64 00:04:00,680 --> 00:04:03,360 Speaker 1: twenty fifth, one of the co conspirators, which by the way, 65 00:04:03,640 --> 00:04:06,120 Speaker 1: six unindicted co conspirators, and we could talk more about that. 66 00:04:06,160 --> 00:04:09,240 Speaker 1: In a moment, filed a lawsuit against the governor of Georgia, 67 00:04:09,320 --> 00:04:12,960 Speaker 1: falsely alleging massive election fraud accomplished through the voting machine 68 00:04:13,000 --> 00:04:16,839 Speaker 1: Company's election software and hardware. Before the lawsuit was even filed, 69 00:04:16,880 --> 00:04:20,120 Speaker 1: the defendant retweeted a post promoting it. The defendant, the 70 00:04:20,240 --> 00:04:23,560 Speaker 1: defendant is Trump. Did this despite the fact that when 71 00:04:23,600 --> 00:04:27,600 Speaker 1: he had discussed this far fetched public claims regarding the 72 00:04:27,680 --> 00:04:31,279 Speaker 1: voting machine company in private with advisors, the defendant had 73 00:04:31,320 --> 00:04:35,599 Speaker 1: conceded that they were unsupported and that co conspirators three 74 00:04:35,960 --> 00:04:41,159 Speaker 1: sounded quote crazy co conspirator threes. Georgia lawsuit was dismissed 75 00:04:41,200 --> 00:04:44,159 Speaker 1: on December seventh. There was a lot more that was 76 00:04:44,200 --> 00:04:46,840 Speaker 1: similar to this, of you know, the Attorney General told 77 00:04:46,920 --> 00:04:49,160 Speaker 1: him was false. This agency of the Department it does 78 00:04:49,200 --> 00:04:51,600 Speaker 1: and told him it was false. This advisor told it 79 00:04:51,640 --> 00:04:54,760 Speaker 1: was false. He went to Arizona and the officials there 80 00:04:54,760 --> 00:04:56,720 Speaker 1: told him it was false. To me, this was some 81 00:04:56,760 --> 00:04:59,520 Speaker 1: of the more compelling evidence though that he actually took 82 00:04:59,560 --> 00:05:02,039 Speaker 1: some of this in because he was even saying like, yeah, 83 00:05:02,080 --> 00:05:03,359 Speaker 1: this sounds kind of crazy. 84 00:05:04,120 --> 00:05:05,200 Speaker 4: Yeah, so it's interesting. 85 00:05:05,279 --> 00:05:08,440 Speaker 5: So, as you noted, in terms of the six co conspirators, 86 00:05:08,480 --> 00:05:12,000 Speaker 5: we do have the what I guess alleged possible list 87 00:05:12,120 --> 00:05:14,279 Speaker 5: of some of who these folks. 88 00:05:14,320 --> 00:05:16,880 Speaker 2: Could you can kind of who it is? 89 00:05:17,240 --> 00:05:21,279 Speaker 5: Yeah, yeah, So we definitely know that Rudy Giuliani is one. 90 00:05:21,680 --> 00:05:24,760 Speaker 5: We also know that John Eastman, he was the lawyer 91 00:05:24,760 --> 00:05:27,400 Speaker 5: who helped come up with the legal theory around a 92 00:05:27,480 --> 00:05:31,200 Speaker 5: lection certification, is one. We don't yet know if his 93 00:05:31,279 --> 00:05:34,360 Speaker 5: former chief of staff, Mark Meadows was listed in the indictment, 94 00:05:34,400 --> 00:05:37,440 Speaker 5: and we know a few other political advisors, Sidney Powell 95 00:05:37,480 --> 00:05:40,680 Speaker 5: almost certainly likely to be one of those co conspirators 96 00:05:40,680 --> 00:05:44,080 Speaker 5: as well. Noteworthy in what Jack Smith said, Smith said 97 00:05:44,080 --> 00:05:47,560 Speaker 5: there crystal in the press conference was we this will 98 00:05:47,600 --> 00:05:51,960 Speaker 5: not stop our investigation into other individuals. So let's all 99 00:05:52,200 --> 00:05:55,000 Speaker 5: make sure we underlining that this could not be, you know, 100 00:05:55,040 --> 00:05:58,200 Speaker 5: the last indictment. I wanted to give everybody a sense 101 00:05:58,440 --> 00:06:03,760 Speaker 5: almost of the initial legal reaction in terms of what 102 00:06:03,800 --> 00:06:06,560 Speaker 5: the two sides are going to be bringing. So first 103 00:06:06,600 --> 00:06:08,360 Speaker 5: I think we should start with the defense. I guess, 104 00:06:08,360 --> 00:06:12,080 Speaker 5: as they do in a trial. I actually was watching 105 00:06:12,160 --> 00:06:14,680 Speaker 5: Fox News in order to prepare for this because they 106 00:06:14,680 --> 00:06:16,880 Speaker 5: had both Andy McCarthy and Jonathan Turley. 107 00:06:16,880 --> 00:06:18,360 Speaker 4: I guess they're whisperers right. 108 00:06:18,320 --> 00:06:21,080 Speaker 5: Really of the conservative legal movement. 109 00:06:21,080 --> 00:06:22,040 Speaker 4: And here's what they say. 110 00:06:22,320 --> 00:06:25,960 Speaker 5: McCarthy in particular takes issue with Smith's use of the 111 00:06:25,960 --> 00:06:29,080 Speaker 5: Civil Rights Act of eighteen sixty six in order to 112 00:06:29,120 --> 00:06:32,120 Speaker 5: prosecute Trump. He says of Jack Smith, quote, he has 113 00:06:32,200 --> 00:06:36,000 Speaker 5: extravagantly stretched these statues in order to try and capture 114 00:06:36,040 --> 00:06:38,839 Speaker 5: this behavior. That's because this is a proxy for what 115 00:06:38,960 --> 00:06:43,599 Speaker 5: should have been a political impeachment process. The second reaction 116 00:06:43,680 --> 00:06:47,039 Speaker 5: from Jonathan Turley, he says here, quote, when I take 117 00:06:47,240 --> 00:06:50,520 Speaker 5: red pen through this indictment that is protected by the 118 00:06:50,560 --> 00:06:54,400 Speaker 5: First Amendment, it reduces to a high coup aka. 119 00:06:54,080 --> 00:06:56,040 Speaker 4: Short poem for those are the uninitiated. 120 00:06:56,400 --> 00:06:58,880 Speaker 5: Many of the things that are being charged here are 121 00:06:59,040 --> 00:07:03,159 Speaker 5: protected speech. He follows up crystal by saying that this 122 00:07:03,200 --> 00:07:07,839 Speaker 5: is quote a disinformation indictment, but that is all part 123 00:07:08,200 --> 00:07:11,120 Speaker 5: of the First Amendment. And just right before we get 124 00:07:11,200 --> 00:07:14,559 Speaker 5: into that, one of the things that McCarthy made clear 125 00:07:14,600 --> 00:07:17,720 Speaker 5: to point out is that the statute, which is actually 126 00:07:17,760 --> 00:07:21,680 Speaker 5: written here. Section two hundred and section two forty one 127 00:07:21,800 --> 00:07:24,800 Speaker 5: of the Civil Rights Law says that actions of public 128 00:07:24,840 --> 00:07:28,440 Speaker 5: officials addressing conspiracies to prevent them from exercising their rights, 129 00:07:28,880 --> 00:07:32,920 Speaker 5: that prosecutors must show that a defendant acted not only intentionally, 130 00:07:33,160 --> 00:07:35,080 Speaker 5: but with a purpose to deprive the victim of a 131 00:07:35,120 --> 00:07:40,280 Speaker 5: constitutional requirement which has been made specific and definite. McCarthy 132 00:07:40,320 --> 00:07:44,280 Speaker 5: points out that the Supreme Court actually, in two separate instances, 133 00:07:44,520 --> 00:07:47,800 Speaker 5: has thrown out cases brought against former public officials and 134 00:07:47,880 --> 00:07:53,640 Speaker 5: other individuals that were prosecuted successfully actually under these statutes, 135 00:07:53,800 --> 00:07:57,920 Speaker 5: but for not being specific enough for the deprivation. And 136 00:07:57,960 --> 00:08:02,080 Speaker 5: so that's I guess thelegal theory I want of the defense. 137 00:08:02,360 --> 00:08:04,200 Speaker 5: Let me get Brad Moss. So I asked him for 138 00:08:04,240 --> 00:08:06,440 Speaker 5: a quote. Here's what he says in response to the 139 00:08:06,440 --> 00:08:09,840 Speaker 5: Turly argument. In particular, quote protected speech does not permit 140 00:08:09,880 --> 00:08:13,520 Speaker 5: you to rely upon knowingly false information to corruptly use 141 00:08:13,560 --> 00:08:16,600 Speaker 5: the levers of executive power to subvert election laws. It 142 00:08:16,640 --> 00:08:19,360 Speaker 5: does not allow you to corruptly coordinate with state activists 143 00:08:19,400 --> 00:08:21,440 Speaker 5: to submit false electoral paperwork to. 144 00:08:21,400 --> 00:08:22,679 Speaker 4: The archivist and the VP. 145 00:08:23,040 --> 00:08:25,160 Speaker 5: It does not allow you to corruptly pressure the VP 146 00:08:25,440 --> 00:08:29,520 Speaker 5: to act unlawfully on January Spick six speech is not 147 00:08:29,640 --> 00:08:32,839 Speaker 5: what is that issue? It is conspiracy to command action. 148 00:08:33,320 --> 00:08:36,960 Speaker 5: That action was unlawful, and so I think those two 149 00:08:37,000 --> 00:08:39,400 Speaker 5: sides of it that effectively, I think is going to 150 00:08:39,400 --> 00:08:41,800 Speaker 5: be the main line by Jack Smith in terms of 151 00:08:41,840 --> 00:08:44,240 Speaker 5: convincing this DC jury. We should note here that the 152 00:08:44,320 --> 00:08:46,280 Speaker 5: judge is not necessarily going to be friendly to Trump. 153 00:08:46,480 --> 00:08:48,680 Speaker 5: Apparently this is a and it's not just that she 154 00:08:48,760 --> 00:08:53,520 Speaker 5: was appointed by Obama, but apparently has sentenced January sixth 155 00:08:53,559 --> 00:08:56,760 Speaker 5: defendants to sentences longer than the government has requested. It 156 00:08:56,840 --> 00:08:59,840 Speaker 5: seems clear, Crystal that given the outcome, is very likely, 157 00:09:00,040 --> 00:09:02,600 Speaker 5: it's very likely in order to be a conviction, just 158 00:09:02,600 --> 00:09:04,400 Speaker 5: given where it is, although you know he'll get his 159 00:09:04,440 --> 00:09:06,920 Speaker 5: day in court, that there's some major Supreme Court things 160 00:09:06,920 --> 00:09:10,200 Speaker 5: that will be addressed here as a result of this, 161 00:09:10,360 --> 00:09:12,800 Speaker 5: just because some of the questions here are so fundamental, 162 00:09:13,320 --> 00:09:15,439 Speaker 5: and I you know, I guess regardless of this, Crystal, 163 00:09:15,679 --> 00:09:17,800 Speaker 5: you know, when you're laying it out, you can't help 164 00:09:17,800 --> 00:09:19,400 Speaker 5: but read this and just be like, oh, yeah, this 165 00:09:19,520 --> 00:09:22,680 Speaker 5: was totally nuts. Like, regardless of whether he's guilty or not, 166 00:09:22,720 --> 00:09:25,920 Speaker 5: you're like, oh yeah, this is actually insane, like the 167 00:09:25,960 --> 00:09:28,440 Speaker 5: false elector scheme. So now we're talking here on a 168 00:09:28,440 --> 00:09:30,680 Speaker 5: political level. And I thought that the best point that 169 00:09:30,720 --> 00:09:32,960 Speaker 5: you made on our show a couple of I maybe. 170 00:09:32,800 --> 00:09:34,079 Speaker 4: It was a couple of weeks ago. I don't know 171 00:09:34,120 --> 00:09:34,520 Speaker 4: what it was. 172 00:09:34,720 --> 00:09:37,680 Speaker 5: Everything blends is you were like, you know, in the 173 00:09:37,679 --> 00:09:40,560 Speaker 5: eyes of most Americans, they don't give a shit about documents. 174 00:09:40,600 --> 00:09:42,439 Speaker 5: They're like, this is what they hate him for, like 175 00:09:42,480 --> 00:09:45,120 Speaker 5: the people who do hurt Trump, and so on a 176 00:09:45,120 --> 00:09:48,280 Speaker 5: political level, we're reading these politically, not as an indictment. 177 00:09:48,559 --> 00:09:50,960 Speaker 5: It's damning politically, you know when you read the judgment 178 00:09:50,960 --> 00:09:52,880 Speaker 5: and the statements and the people around him. 179 00:09:52,920 --> 00:09:54,959 Speaker 4: So that's everything that I'll say about us. 180 00:09:55,000 --> 00:09:58,040 Speaker 1: I think that's a great point that you are referring 181 00:09:58,080 --> 00:10:00,520 Speaker 1: to me having made previously, if I do sa myself. 182 00:10:00,559 --> 00:10:05,360 Speaker 1: But the documents case may actually be more straightforward from 183 00:10:05,440 --> 00:10:08,920 Speaker 1: a legal perspective. And Brad Moss, that's what he told 184 00:10:09,000 --> 00:10:11,600 Speaker 1: us before. I mean, you know, he had the documents. 185 00:10:11,640 --> 00:10:13,840 Speaker 1: He said, these documents, aren't he classified? We have the 186 00:10:13,880 --> 00:10:16,720 Speaker 1: audio tape of that. There are highly you know, really 187 00:10:16,760 --> 00:10:20,160 Speaker 1: top secret, top secret stuff. Okay, we have the pictures 188 00:10:20,200 --> 00:10:23,280 Speaker 1: of the all of that stuff. Okay, the Document's case 189 00:10:23,360 --> 00:10:27,480 Speaker 1: is probably more of a slam dunk legally, this one 190 00:10:27,800 --> 00:10:31,880 Speaker 1: is a little bit legally diceier, although I still think 191 00:10:31,960 --> 00:10:34,840 Speaker 1: that this is also very compelling because you also have 192 00:10:34,880 --> 00:10:37,800 Speaker 1: to keep in mind the civil rights charge is different. 193 00:10:37,840 --> 00:10:40,520 Speaker 1: I haven't seen that charged against any of the other 194 00:10:40,720 --> 00:10:42,760 Speaker 1: January six, Like, you know, the people were just storming 195 00:10:42,800 --> 00:10:48,120 Speaker 1: the capitol. The other charges have been successfully levied against 196 00:10:48,280 --> 00:10:51,400 Speaker 1: some of the January six rioters, and so you know, 197 00:10:51,480 --> 00:10:54,160 Speaker 1: if they were corrupting or revenue proceeding, then certainly it 198 00:10:54,200 --> 00:10:56,640 Speaker 1: appears like the guy who was sort of directing things 199 00:10:56,960 --> 00:11:00,400 Speaker 1: from above would be potentially guilty of that as well. 200 00:11:00,520 --> 00:11:05,000 Speaker 1: So you know, when they go through the litany of 201 00:11:05,000 --> 00:11:07,560 Speaker 1: what was going on in all the conversations that we're having, 202 00:11:07,640 --> 00:11:10,000 Speaker 1: all of the text messages, all of the times Trump 203 00:11:10,040 --> 00:11:12,920 Speaker 1: was told this is total bullshit, some instances where he 204 00:11:13,000 --> 00:11:15,280 Speaker 1: basically agreed, He's like, yeah, we don't have proof, Yeah, 205 00:11:15,320 --> 00:11:19,400 Speaker 1: it sounds crazy, etc. And then you see the you know, 206 00:11:19,520 --> 00:11:23,280 Speaker 1: for trump Land, methodical effort to put together these slates 207 00:11:23,280 --> 00:11:26,440 Speaker 1: of electors and actually snow some of the people who 208 00:11:26,559 --> 00:11:29,160 Speaker 1: didn't want to be on the elector slates unless it 209 00:11:29,240 --> 00:11:32,560 Speaker 1: was going they were basically put on them under false pretenses. 210 00:11:33,000 --> 00:11:35,440 Speaker 1: And you've got i think seven different states and all 211 00:11:35,480 --> 00:11:38,880 Speaker 1: of the machinations that were happening here. Yeah, it's pretty 212 00:11:38,880 --> 00:11:43,880 Speaker 1: compelling to speak to what Turley was saying, in particular about, Hey, 213 00:11:44,000 --> 00:11:47,520 Speaker 1: a lot of this is protected speech. Jack Smith attempts 214 00:11:47,600 --> 00:11:52,080 Speaker 1: in this indictment to address that legal defense. He says 215 00:11:52,080 --> 00:11:55,280 Speaker 1: at the very top basically like, look, he could think 216 00:11:55,280 --> 00:11:58,000 Speaker 1: it's still he's allowed to say it. He's allowed to 217 00:11:58,320 --> 00:12:00,640 Speaker 1: take these claims to court, which he did. None of 218 00:12:00,640 --> 00:12:04,680 Speaker 1: that is illegal. However, it is illegal to put together 219 00:12:05,120 --> 00:12:09,040 Speaker 1: fake elector slates and then try to use these lies 220 00:12:09,240 --> 00:12:13,839 Speaker 1: to actually subvert the election. That part crosses the line 221 00:12:13,880 --> 00:12:18,760 Speaker 1: of illegality in the telling here, right. So I do 222 00:12:18,840 --> 00:12:22,839 Speaker 1: think that, you know, in terms of the core of 223 00:12:22,880 --> 00:12:26,960 Speaker 1: what people actually hate about Donald Trump, what they really 224 00:12:27,160 --> 00:12:29,480 Speaker 1: don't want or repeat of if he were to get 225 00:12:29,480 --> 00:12:32,920 Speaker 1: back into the White House, this is the piece that. 226 00:12:32,960 --> 00:12:35,280 Speaker 2: Everybody has sort of been kind of waiting. 227 00:12:35,040 --> 00:12:38,199 Speaker 1: To drop, because you know, it does speak to the 228 00:12:38,520 --> 00:12:41,000 Speaker 1: heart of like what we're doing here as a democracy. 229 00:12:41,360 --> 00:12:44,280 Speaker 1: It was an insane, horrendous day to watch all of 230 00:12:44,320 --> 00:12:47,200 Speaker 1: that unfold on January sixth, and so, even though the 231 00:12:47,200 --> 00:12:51,080 Speaker 1: document's case might be more straightforward legally, this gets the 232 00:12:51,080 --> 00:12:52,839 Speaker 1: core of what people actually think. 233 00:12:53,080 --> 00:12:54,920 Speaker 2: Donald Trump is a criminal for doing right. 234 00:12:54,960 --> 00:12:56,720 Speaker 4: And then let's get to the political defense. 235 00:12:57,040 --> 00:13:01,000 Speaker 5: So from my understanding, at least, I'm actually wanting to 236 00:13:01,040 --> 00:13:04,080 Speaker 5: know what you think about this. Yeah, Trump's statement was 237 00:13:04,160 --> 00:13:06,559 Speaker 5: he actually didn't deny any of it. He just goes 238 00:13:06,760 --> 00:13:08,720 Speaker 5: they waited two and a half years to indict me 239 00:13:08,800 --> 00:13:11,240 Speaker 5: while I was running. I mean, I do think they've 240 00:13:11,240 --> 00:13:13,080 Speaker 5: got a point there, crystal, like, why did it take 241 00:13:13,120 --> 00:13:14,800 Speaker 5: two and a half years in order to bring the case? 242 00:13:14,840 --> 00:13:17,480 Speaker 5: Merrick Garland didn't end up bringing it, They shelved it, 243 00:13:17,679 --> 00:13:20,280 Speaker 5: they put it on the back foot, They appoint Jack Smith. 244 00:13:20,559 --> 00:13:22,840 Speaker 5: Then this guy brings an indictment right at the time 245 00:13:22,920 --> 00:13:25,720 Speaker 5: that Trump is i mean, from a political quote unquote 246 00:13:25,800 --> 00:13:28,520 Speaker 5: interference in the process. I mean, it really could not 247 00:13:28,600 --> 00:13:32,040 Speaker 5: be a worse look, especially whenever he's surging over his rivals. 248 00:13:32,120 --> 00:13:34,439 Speaker 4: I mean, I do genuinely think. 249 00:13:34,480 --> 00:13:37,240 Speaker 5: That is a very compelling defense that Trump will be 250 00:13:37,320 --> 00:13:40,680 Speaker 5: able to not only keep the GOP primary base around 251 00:13:40,760 --> 00:13:43,760 Speaker 5: him on this, I think this will solidify his support 252 00:13:44,080 --> 00:13:47,160 Speaker 5: once again. DeSantis is already out with the statement being 253 00:13:47,200 --> 00:13:49,640 Speaker 5: like I'm going to dismantle the FBI so I can 254 00:13:49,679 --> 00:13:51,640 Speaker 5: support Trump, and like, okay, we why should I just 255 00:13:51,679 --> 00:13:55,880 Speaker 5: vote for Trump? Then, so again, like on a political level, 256 00:13:56,280 --> 00:13:58,320 Speaker 5: that is going to be the best. And look, I 257 00:13:58,400 --> 00:14:00,760 Speaker 5: was watching Fox. I was trying to im vibe, like 258 00:14:00,800 --> 00:14:02,760 Speaker 5: the right wings, I'm like, all right, let me take 259 00:14:02,800 --> 00:14:04,920 Speaker 5: it all in so I can try and convey like 260 00:14:05,000 --> 00:14:08,559 Speaker 5: what the main thing is and the points the only 261 00:14:08,640 --> 00:14:11,800 Speaker 5: points I really felt like not only should be reiterated, 262 00:14:11,800 --> 00:14:14,079 Speaker 5: but which I think there's something to the McCarthy defense. 263 00:14:14,120 --> 00:14:16,360 Speaker 5: We're gonna hear that in court, whether people don't like 264 00:14:16,400 --> 00:14:18,800 Speaker 5: it or not. Something to the Turley defense as well. 265 00:14:19,240 --> 00:14:21,920 Speaker 5: And then on the political front, why did you wait 266 00:14:21,920 --> 00:14:23,920 Speaker 5: two and a half years, Like what if you know 267 00:14:24,000 --> 00:14:26,040 Speaker 5: you could have impeached him, you didn't do that. And 268 00:14:26,040 --> 00:14:27,640 Speaker 5: then if you really believed it, I mean, the best 269 00:14:27,640 --> 00:14:30,200 Speaker 5: time to throw his ass in jail or whatever during 270 00:14:30,280 --> 00:14:33,760 Speaker 5: January sixth is right after January sixth, when you assume office. 271 00:14:33,800 --> 00:14:35,600 Speaker 5: So that's gonna be a tough one to talk their 272 00:14:35,640 --> 00:14:37,440 Speaker 5: way out of. And I'm curious what you think. 273 00:14:38,000 --> 00:14:42,400 Speaker 1: As someone who supports these charges and believes the former 274 00:14:42,440 --> 00:14:45,200 Speaker 1: president should be held accountable for what I see as 275 00:14:45,440 --> 00:14:49,800 Speaker 1: crimes against our country, and as someone who desperately does 276 00:14:49,840 --> 00:14:51,760 Speaker 1: not want him back in the White House, I wish 277 00:14:51,760 --> 00:14:53,560 Speaker 1: that this had all happened a lot too. Yeah, there's 278 00:14:53,640 --> 00:14:56,119 Speaker 1: and I don't. I don't really have a good explanation 279 00:14:56,160 --> 00:15:01,000 Speaker 1: for why I didn't, because I respect the fact that 280 00:15:01,280 --> 00:15:04,360 Speaker 1: this is a process. It takes time. You read this document, 281 00:15:04,480 --> 00:15:07,000 Speaker 1: it's extensive. I know there was a lot of investigation, 282 00:15:07,320 --> 00:15:09,920 Speaker 1: but it does seem like it could have happened a 283 00:15:09,960 --> 00:15:12,560 Speaker 1: lot quicker. And even if you look at like the documents, 284 00:15:12,600 --> 00:15:15,200 Speaker 1: one that that timing I understand because they were trying 285 00:15:15,280 --> 00:15:17,720 Speaker 1: actually to go back and forth with him and resolve 286 00:15:17,760 --> 00:15:20,920 Speaker 1: this in a way that didn't involve the criminal justice system, 287 00:15:20,960 --> 00:15:23,520 Speaker 1: So that one, the timing makes a little more sense 288 00:15:23,560 --> 00:15:25,960 Speaker 1: to me. But even with that one, we're talking about 289 00:15:25,960 --> 00:15:29,400 Speaker 1: a trial date that's set for May. Okay, that's that 290 00:15:29,520 --> 00:15:32,560 Speaker 1: means the GFP nomination is sewn up, right there is 291 00:15:32,600 --> 00:15:34,760 Speaker 1: that one's done and dusted, no going back, and you're 292 00:15:34,760 --> 00:15:38,160 Speaker 1: talking about a trial and potential sentencing coming right in 293 00:15:38,200 --> 00:15:41,000 Speaker 1: the heat of a general election. Now, listen, I think 294 00:15:41,000 --> 00:15:43,240 Speaker 1: he should be held accountable. I don't think that anyone, 295 00:15:43,280 --> 00:15:48,600 Speaker 1: including a current, former, past, potential future president should skate. 296 00:15:48,920 --> 00:15:51,160 Speaker 1: I don't believe in that form, you know, two tier 297 00:15:51,240 --> 00:15:55,600 Speaker 1: form of justice. However, it there is just no denying 298 00:15:55,760 --> 00:16:01,400 Speaker 1: that this creates an extraordinarily volatile and potentially chaotic political 299 00:16:01,440 --> 00:16:04,200 Speaker 1: situation going into an election where there is no doubt 300 00:16:04,280 --> 00:16:06,880 Speaker 1: that emotions are already going to be very high. 301 00:16:07,320 --> 00:16:09,240 Speaker 4: In terms of my pros, yeah, yeah, go ahead. 302 00:16:09,440 --> 00:16:10,760 Speaker 1: Oh, I was just gonna say, in terms of my 303 00:16:10,800 --> 00:16:13,080 Speaker 1: actual like prediction of how this is all going to 304 00:16:13,160 --> 00:16:16,560 Speaker 1: work out for him politically on the Republican side, you know, 305 00:16:16,880 --> 00:16:20,520 Speaker 1: it doesn't take a genius to see that they got 306 00:16:20,520 --> 00:16:23,080 Speaker 1: a majority of republic overall, like seventy percent of them 307 00:16:23,080 --> 00:16:25,920 Speaker 1: think the election was rigged and stolen. So this is 308 00:16:25,960 --> 00:16:28,120 Speaker 1: gonna you know, water off a ducts ass in terms 309 00:16:28,120 --> 00:16:30,160 Speaker 1: of the Republican base, if any fig it just makes 310 00:16:30,200 --> 00:16:32,600 Speaker 1: them like him poor. I'm sorry, Rond DeSantis. You could 311 00:16:32,600 --> 00:16:34,600 Speaker 1: probably take Trump's advice at this point and drop out 312 00:16:34,640 --> 00:16:36,760 Speaker 1: and give him your money for ballot harvesting or whatever. 313 00:16:37,440 --> 00:16:39,680 Speaker 1: Not looking good for you, buddy. In terms of the 314 00:16:39,720 --> 00:16:43,200 Speaker 1: general election, I do think that there is a sort 315 00:16:43,240 --> 00:16:46,960 Speaker 1: of normy instinct of where there's smoke, there's fire. There 316 00:16:47,080 --> 00:16:52,000 Speaker 1: was real revulsion among independents and not just Democrats around 317 00:16:52,040 --> 00:16:54,600 Speaker 1: what happened on January sixth and Trump's role in it. 318 00:16:54,840 --> 00:16:58,360 Speaker 1: We saw real revulsion in the midterm elections around January 319 00:16:58,360 --> 00:17:02,480 Speaker 1: six and around stop the Steal. So right now you've got, 320 00:17:02,760 --> 00:17:06,359 Speaker 1: according to the polling jump ball between Biden and Trump. 321 00:17:06,680 --> 00:17:09,760 Speaker 1: I do think that this with a general election audience, 322 00:17:09,880 --> 00:17:10,400 Speaker 1: is going. 323 00:17:10,240 --> 00:17:11,760 Speaker 2: To be very difficult to survive. 324 00:17:11,840 --> 00:17:14,399 Speaker 4: Yeah, I just don't know. It's one of those where 325 00:17:15,400 --> 00:17:17,040 Speaker 4: I think you're right. I think it will hurt. 326 00:17:17,119 --> 00:17:19,439 Speaker 5: I don't know on what margin. I don't know to 327 00:17:19,480 --> 00:17:21,720 Speaker 5: what extent I think, you know, in terms of the 328 00:17:21,760 --> 00:17:24,800 Speaker 5: prediction basis on that one, I genuinely like people cared 329 00:17:24,800 --> 00:17:26,360 Speaker 5: in twenty twenty twenty two. 330 00:17:26,720 --> 00:17:29,240 Speaker 4: Will they care in twenty twenty four. It's a little 331 00:17:29,240 --> 00:17:29,600 Speaker 4: bit different. 332 00:17:29,640 --> 00:17:32,040 Speaker 5: We're talking about Congress and Senate versus the actual guy, 333 00:17:32,119 --> 00:17:34,280 Speaker 5: and you know his own political qualities. 334 00:17:34,280 --> 00:17:34,840 Speaker 4: So I don't know. 335 00:17:35,080 --> 00:17:38,080 Speaker 5: In terms of the indictment, I do think I want 336 00:17:38,080 --> 00:17:41,000 Speaker 5: to see this First Amendment stuff litigated because I actually 337 00:17:41,080 --> 00:17:43,000 Speaker 5: am genuinely curious to see. 338 00:17:42,960 --> 00:17:46,119 Speaker 4: How and what the threshold that you have to cross. 339 00:17:46,160 --> 00:17:48,080 Speaker 5: As you know, everyone famously is like you can't yell 340 00:17:48,800 --> 00:17:50,920 Speaker 5: what is it fire in a crowded theater, And you 341 00:17:50,960 --> 00:17:54,240 Speaker 5: know there's there's important exceptions I think to first amendent 342 00:17:54,280 --> 00:17:56,440 Speaker 5: case law. That is the part where I really want 343 00:17:56,440 --> 00:17:59,680 Speaker 5: to see like where that will be applied. And then 344 00:18:00,080 --> 00:18:03,320 Speaker 5: on a political level, this is I think this is 345 00:18:03,400 --> 00:18:08,040 Speaker 5: probably a net benefit to the Democrats because January sixth 346 00:18:08,040 --> 00:18:09,959 Speaker 5: is so repellent, and it is the most repellent thing 347 00:18:09,960 --> 00:18:12,440 Speaker 5: about Trump, So that's where I do think it will 348 00:18:12,480 --> 00:18:15,560 Speaker 5: continue to hurt him. And then on the Republican side, 349 00:18:15,600 --> 00:18:18,360 Speaker 5: like you said, I yeah, I mean this is it 350 00:18:18,640 --> 00:18:21,760 Speaker 5: like this is because the documents one, there is no 351 00:18:21,880 --> 00:18:25,520 Speaker 5: ambiguity that Trump obviously acted wrong, and your only defense is. 352 00:18:25,440 --> 00:18:27,000 Speaker 4: Like, oh, they've got it out for him. 353 00:18:27,200 --> 00:18:29,080 Speaker 5: But I want to return actually to the point that 354 00:18:29,119 --> 00:18:32,399 Speaker 5: you made, which is on the document's timeline, there actually 355 00:18:32,440 --> 00:18:34,840 Speaker 5: wasn't much of a delay. You know, basically as soon 356 00:18:34,880 --> 00:18:37,080 Speaker 5: as he was obstructing, they indicted him. Here they waited 357 00:18:37,080 --> 00:18:39,600 Speaker 5: two and a half years. Let's point back to the 358 00:18:39,680 --> 00:18:42,679 Speaker 5: actual original statement by Jack Smith. Remember he said that 359 00:18:42,960 --> 00:18:45,320 Speaker 5: he wants a speedy trial. Me too, you know, the 360 00:18:45,359 --> 00:18:46,840 Speaker 5: whole country needs a speedy trial. 361 00:18:46,880 --> 00:18:48,800 Speaker 4: Here on this. We should have tried this whole case 362 00:18:48,880 --> 00:18:49,880 Speaker 4: two and a half years ago. 363 00:18:50,200 --> 00:18:52,119 Speaker 5: Well we kind of did, you know, in the Senate 364 00:18:52,400 --> 00:18:54,760 Speaker 5: well for impeachment, but if you were going to bring 365 00:18:55,000 --> 00:18:58,920 Speaker 5: charges like doing this in the middle of primaries, you 366 00:18:58,960 --> 00:19:01,000 Speaker 5: know your point about we can't be having this in 367 00:19:01,040 --> 00:19:02,400 Speaker 5: May of twenty twenty four. 368 00:19:02,640 --> 00:19:04,880 Speaker 4: We should have this wrapped by Iowa. 369 00:19:05,000 --> 00:19:07,200 Speaker 5: But you know, I mean, looking at a calendar, it's 370 00:19:07,240 --> 00:19:10,000 Speaker 5: pretty clear that's just not going to happen. So we're 371 00:19:10,000 --> 00:19:13,200 Speaker 5: all up for some serious chaos I think timeline wise 372 00:19:13,520 --> 00:19:14,359 Speaker 5: throughout this election. 373 00:19:15,000 --> 00:19:16,440 Speaker 2: Yeah, no doubt about it. 374 00:19:16,600 --> 00:19:20,440 Speaker 1: And I just yeah, it's hard to speculate on exactly 375 00:19:20,480 --> 00:19:22,360 Speaker 1: how all of this is going to play out politically 376 00:19:22,359 --> 00:19:23,040 Speaker 1: when you get to. 377 00:19:23,119 --> 00:19:24,000 Speaker 2: A general election. 378 00:19:24,320 --> 00:19:29,200 Speaker 1: But you know, part of the challenge with Trump is 379 00:19:29,240 --> 00:19:33,400 Speaker 1: because he is charismatic, because he is charming, because he's funny, 380 00:19:33,640 --> 00:19:37,880 Speaker 1: because Biden is like super old and falling apart and 381 00:19:38,600 --> 00:19:39,920 Speaker 1: has all the problems. 382 00:19:39,480 --> 00:19:42,240 Speaker 2: That Joe Biden has, it's easy. 383 00:19:41,920 --> 00:19:45,439 Speaker 1: To forget the worst parts of Trump, right, It's easy 384 00:19:45,480 --> 00:19:48,640 Speaker 1: to forget that. And so when you have a trial 385 00:19:48,720 --> 00:19:54,560 Speaker 1: going on reminding everyone constantly about the very worst parts 386 00:19:54,600 --> 00:19:57,280 Speaker 1: of Trump, and by the way, on a just like 387 00:19:57,400 --> 00:20:00,600 Speaker 1: personal gut level, reminding people of like you want to 388 00:20:01,200 --> 00:20:03,080 Speaker 1: go back to this dude who wouldn't even give it 389 00:20:03,160 --> 00:20:05,240 Speaker 1: up last time. I remember what that felt like, Remember 390 00:20:05,280 --> 00:20:07,840 Speaker 1: that chaos, Remember that stress and anxiety. That was a 391 00:20:08,119 --> 00:20:13,199 Speaker 1: very tense time in American life. What other side you 392 00:20:13,240 --> 00:20:16,760 Speaker 1: were on of what was going on. It was very stressful, 393 00:20:16,840 --> 00:20:21,919 Speaker 1: intense and chaotic time. So I think having that reminder 394 00:20:22,320 --> 00:20:26,639 Speaker 1: front and center going into twenty twenty four, I have 395 00:20:26,720 --> 00:20:29,320 Speaker 1: to think that that's going to be very damaging for 396 00:20:29,440 --> 00:20:32,120 Speaker 1: Trump and gives Biden a chance when frankly, I don't 397 00:20:32,119 --> 00:20:34,280 Speaker 1: know that he would otherwise because he's got a lot 398 00:20:34,280 --> 00:20:35,080 Speaker 1: of problems of his own. 399 00:20:35,359 --> 00:20:37,760 Speaker 5: But then imagine this, he gets convicted, it's still at 400 00:20:37,760 --> 00:20:39,479 Speaker 5: the top of mind, and he still beats Biden. 401 00:20:39,560 --> 00:20:41,359 Speaker 4: Then what does that say about Joe Biden? 402 00:20:41,640 --> 00:20:44,080 Speaker 2: Wow, I don't know what any of it. 403 00:20:44,359 --> 00:20:46,440 Speaker 1: The fact that we even have these two men as 404 00:20:46,480 --> 00:20:49,679 Speaker 1: the likely party nominees says nothing good about the country 405 00:20:49,680 --> 00:20:50,159 Speaker 1: to start with. 406 00:20:50,240 --> 00:20:52,000 Speaker 5: So I saw an interesting tweet I just want to 407 00:20:52,080 --> 00:20:55,600 Speaker 5: end kind of on this from DC Draino. He's a 408 00:20:55,880 --> 00:21:00,280 Speaker 5: huge Twitter account, really, and he basically was like he 409 00:21:00,320 --> 00:21:03,000 Speaker 5: put out the tweet where he just said, Look, it's 410 00:21:03,040 --> 00:21:05,760 Speaker 5: either the present. It says quote. If he wins, e 411 00:21:05,840 --> 00:21:07,840 Speaker 5: can pardon himself. If he loses, he. 412 00:21:07,840 --> 00:21:09,760 Speaker 4: Will be imprisoned. That's what's at stake. 413 00:21:10,359 --> 00:21:13,040 Speaker 5: Interesting too in terms of the messaging there being directed 414 00:21:13,359 --> 00:21:15,760 Speaker 5: at the base. So I think that's important. 415 00:21:15,480 --> 00:21:20,919 Speaker 2: And he's like a Trump influencer account got it. 416 00:21:20,960 --> 00:21:23,960 Speaker 5: But for him to like put it that starkly in 417 00:21:24,000 --> 00:21:27,000 Speaker 5: the shows the seriousness and also the way will be 418 00:21:27,040 --> 00:21:30,200 Speaker 5: relentlessly messaged I think to the GOP primary base. 419 00:21:30,760 --> 00:21:33,800 Speaker 1: Yeah, I have been thinking about you know, is there 420 00:21:33,840 --> 00:21:35,920 Speaker 1: a chance of political Of course, there is a chance 421 00:21:36,000 --> 00:21:38,159 Speaker 1: of political violence. I don't think anyone could deny that. 422 00:21:38,280 --> 00:21:40,880 Speaker 1: But I will say, you know, the last two indictments 423 00:21:40,920 --> 00:21:42,840 Speaker 1: that came down, there were calls for people to come 424 00:21:42,840 --> 00:21:45,920 Speaker 1: out in protest. Not many people really did. Thus far, 425 00:21:46,200 --> 00:21:49,879 Speaker 1: it's been relatively calm, so we'll hope that that continues 426 00:21:49,920 --> 00:21:50,479 Speaker 1: to prevail. 427 00:21:50,920 --> 00:21:53,159 Speaker 5: Hopefully Counterpoints are going to have a great show for 428 00:21:53,160 --> 00:21:56,239 Speaker 5: everybody tomorrow thanks to our premium subscribers that enable all 429 00:21:56,280 --> 00:21:59,239 Speaker 5: of this snap reaction and all this other stuff. And 430 00:21:59,400 --> 00:22:01,760 Speaker 5: we'll see everybody on Thursday, or if any other some 431 00:22:01,840 --> 00:22:03,879 Speaker 5: crazy stuff happens, I guess maybe we can log on 432 00:22:03,960 --> 00:22:04,400 Speaker 5: for that quer. 433 00:22:04,680 --> 00:22:06,080 Speaker 2: We will be prepared ready. 434 00:22:06,320 --> 00:22:08,760 Speaker 4: Hopefully not, but we will be. We'll see you guys 435 00:22:08,800 --> 00:22:09,000 Speaker 4: later