1 00:00:01,160 --> 00:00:06,040 Speaker 1: Former FBI director James Combing. He's in serious trouble, indicted 2 00:00:06,120 --> 00:00:08,879 Speaker 1: now on two counts, and the charges that have been 3 00:00:08,880 --> 00:00:12,520 Speaker 1: brought against him are significant. It also comes from a 4 00:00:12,800 --> 00:00:17,079 Speaker 1: hearing that happened in front of Judiciary Center. Ted Cruz 5 00:00:17,400 --> 00:00:20,400 Speaker 1: is going to be a very important part of this 6 00:00:20,760 --> 00:00:26,119 Speaker 1: entire case because of the questioning of James Comber about 7 00:00:26,239 --> 00:00:29,520 Speaker 1: five years ago. Now, why is this happening now? The 8 00:00:29,560 --> 00:00:33,600 Speaker 1: statue of limitations is running out? And is it going 9 00:00:33,720 --> 00:00:36,720 Speaker 1: to actually be a case where James Comby could go 10 00:00:36,800 --> 00:00:39,199 Speaker 1: to jail? 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I want you to hear what Senata Cruz 50 00:02:47,040 --> 00:02:49,560 Speaker 1: had to say as we sat down and talked about this. 51 00:02:49,960 --> 00:02:52,200 Speaker 1: Take a listen, all right, So, Senator, I want to 52 00:02:52,280 --> 00:02:55,799 Speaker 1: start with this clip, and I think this is a 53 00:02:55,840 --> 00:02:58,800 Speaker 1: great starting point for this indictment of the former FBI 54 00:02:58,880 --> 00:03:03,480 Speaker 1: director James Comey. This is you questioning Comy back in 55 00:03:03,639 --> 00:03:08,519 Speaker 1: September of twenty twenty. This is the back and forth 56 00:03:08,560 --> 00:03:12,120 Speaker 1: between the two of you. Everyone listening. This is really 57 00:03:12,160 --> 00:03:14,400 Speaker 1: an important part of history now and going to probably 58 00:03:14,440 --> 00:03:15,760 Speaker 1: be an important part of this case. 59 00:03:16,400 --> 00:03:22,000 Speaker 2: To another topic. On May third, twenty seventeen, in this committee, 60 00:03:22,040 --> 00:03:25,600 Speaker 2: Chairman Grassley asked you point blank quote, have you ever 61 00:03:25,639 --> 00:03:29,520 Speaker 2: been an anonymous source in news reports about matters relating 62 00:03:29,560 --> 00:03:33,079 Speaker 2: to the Trump investigation of the Clinton investigation. You responded 63 00:03:33,160 --> 00:03:38,040 Speaker 2: under oath quote never. He then asked you, quote, have 64 00:03:38,160 --> 00:03:40,480 Speaker 2: you ever authorized someone else at the FBI to be 65 00:03:40,520 --> 00:03:44,360 Speaker 2: an anonymous source in news reports about the Trump investigation 66 00:03:44,880 --> 00:03:49,760 Speaker 2: or the Clinton administration? You responded again under oath No. Now, 67 00:03:49,800 --> 00:03:52,720 Speaker 2: as you know, mister McCabe, who works for you as 68 00:03:52,800 --> 00:03:57,560 Speaker 2: publicly and repeatedly stated that he leaked information to the 69 00:03:57,560 --> 00:03:59,960 Speaker 2: Wall Street Journal and that you were a directly aware 70 00:04:00,200 --> 00:04:04,880 Speaker 2: of it and that you directly authorized it. Now, what 71 00:04:05,040 --> 00:04:08,400 Speaker 2: mister McCabe is saying and what you testified to this 72 00:04:08,440 --> 00:04:11,800 Speaker 2: committee cannot both be true. One or the other is false. 73 00:04:12,640 --> 00:04:13,600 Speaker 2: Who's telling the truth? 74 00:04:14,680 --> 00:04:16,960 Speaker 3: I just can only speak to my testimony. I stand 75 00:04:16,960 --> 00:04:19,560 Speaker 3: by what the testimony you summarized that I gave in 76 00:04:19,600 --> 00:04:20,880 Speaker 3: May of twenty seventeen. 77 00:04:21,120 --> 00:04:24,000 Speaker 2: So your testimony is you've never authorized anyone to leak. 78 00:04:24,760 --> 00:04:27,479 Speaker 2: And mister mccab if he says contrary, is not telling 79 00:04:27,560 --> 00:04:28,599 Speaker 2: the truth. Is that correct? 80 00:04:29,080 --> 00:04:31,719 Speaker 3: Again, I'm not going to characterize Andy's testimony, but mine 81 00:04:31,839 --> 00:04:32,320 Speaker 3: is the same. 82 00:04:32,400 --> 00:04:34,400 Speaker 2: Today, all right, I'm going to make a final point 83 00:04:34,440 --> 00:04:38,480 Speaker 2: because my time has expired. This investigation of the president 84 00:04:38,560 --> 00:04:41,400 Speaker 2: was corrupt. The FBI and the Department of Justice were 85 00:04:41,400 --> 00:04:45,200 Speaker 2: politicized and weaponized, and in my opinion, there are only 86 00:04:45,240 --> 00:04:50,400 Speaker 2: two possibilities that you were deliberately corrupt or willfully incompetent, 87 00:04:51,279 --> 00:04:54,320 Speaker 2: and I don't believe you were incompetent. This has done 88 00:04:54,440 --> 00:04:58,360 Speaker 2: severe damage to the professionals and the honorable men and 89 00:04:58,400 --> 00:05:02,080 Speaker 2: women at the FBI, because law enforcement should not be 90 00:05:02,160 --> 00:05:03,400 Speaker 2: used as a political weapon. 91 00:05:04,640 --> 00:05:07,200 Speaker 1: All right, So you listen to that, and then you'll 92 00:05:07,240 --> 00:05:10,320 Speaker 1: look at the indictment. Count one false statement to the 93 00:05:10,400 --> 00:05:13,760 Speaker 1: US Senate that he had not quote authorized someone else 94 00:05:13,800 --> 00:05:17,320 Speaker 1: of the FBI to be an anonymous news source. Count two, 95 00:05:17,800 --> 00:05:21,520 Speaker 1: call me obstructed the Senate Judiciary Committee's investigation through his 96 00:05:21,680 --> 00:05:26,440 Speaker 1: quote false and misleading statements. That is a big smoking gun. 97 00:05:27,720 --> 00:05:30,120 Speaker 2: Well it is. It's the basis of the indictment and 98 00:05:30,160 --> 00:05:34,040 Speaker 2: this will be the central focus of the trial. Now. 99 00:05:34,720 --> 00:05:37,360 Speaker 2: James Comy put out a statement tonight on Instagram, and 100 00:05:37,839 --> 00:05:40,679 Speaker 2: his statement is striking in that it is a political statement. 101 00:05:40,680 --> 00:05:43,480 Speaker 2: It is not a statement about the facts of the law. 102 00:05:43,920 --> 00:05:45,919 Speaker 2: So give a listen to what James Comby said this 103 00:05:46,040 --> 00:05:47,560 Speaker 2: evening in response to the indictment. 104 00:05:48,640 --> 00:05:50,880 Speaker 3: My family and I have known for years that there 105 00:05:50,880 --> 00:05:55,040 Speaker 3: are costs to standing up to Donald Trump, but we 106 00:05:55,040 --> 00:05:59,120 Speaker 3: couldn't imagine ourselves living any other way. We will not 107 00:05:59,279 --> 00:06:03,560 Speaker 3: live on our knees, and you shouldn't either. Somebody that 108 00:06:03,640 --> 00:06:07,280 Speaker 3: I love dearly recently said that fear is the tool 109 00:06:07,360 --> 00:06:11,960 Speaker 3: of a tyrant, and she's right. But I'm not afraid, 110 00:06:12,800 --> 00:06:15,800 Speaker 3: and I hope you're not either. I hope instead you 111 00:06:15,880 --> 00:06:20,160 Speaker 3: are engaged, You are paying attention, and you will vote 112 00:06:20,839 --> 00:06:24,640 Speaker 3: like your beloved country depends upon it, which it does. 113 00:06:26,279 --> 00:06:29,960 Speaker 3: My heart is broken for the Department of Justice, but 114 00:06:30,040 --> 00:06:33,200 Speaker 3: I have great confidence in the federal judicial system, and 115 00:06:33,279 --> 00:06:35,719 Speaker 3: I'm innocent, So let's have a trial. 116 00:06:37,240 --> 00:06:40,839 Speaker 1: I love how he is a victim there and acting 117 00:06:40,920 --> 00:06:43,919 Speaker 1: like he's above all of this. But center, let's just 118 00:06:44,000 --> 00:06:47,720 Speaker 1: go back to three point thirty of twenty three. James 119 00:06:47,760 --> 00:06:52,160 Speaker 1: Comy tweeted out, quote, it's been a good day. That 120 00:06:52,320 --> 00:06:54,440 Speaker 1: is how I reacted to trumping and died in the 121 00:06:54,480 --> 00:06:57,839 Speaker 1: Alvin Bragg hush money case. So to act like he's 122 00:06:57,839 --> 00:06:59,760 Speaker 1: some sort of guy that's above all this, look at 123 00:06:59,760 --> 00:07:00,560 Speaker 1: his own words. 124 00:07:01,240 --> 00:07:03,680 Speaker 2: Well, his statement he put out in response to this 125 00:07:04,160 --> 00:07:07,039 Speaker 2: that could have been given by Chuck Schumer, Nancy Pelosi, 126 00:07:07,120 --> 00:07:10,960 Speaker 2: or Keing, Jeffries, or any other political Democrat, and in fact, 127 00:07:11,000 --> 00:07:13,520 Speaker 2: he makes a call come out and vote. It's a 128 00:07:13,560 --> 00:07:16,840 Speaker 2: get out the vote message. This is a former director 129 00:07:16,880 --> 00:07:18,760 Speaker 2: of the FBI. But to give you a sense of 130 00:07:18,920 --> 00:07:22,680 Speaker 2: just how much he loathes Donald Trump, this is a 131 00:07:22,680 --> 00:07:25,200 Speaker 2: former director of the FBI who tweeted out to the 132 00:07:25,240 --> 00:07:30,120 Speaker 2: world a picture of shells spelling out eighty six forty seven, 133 00:07:30,200 --> 00:07:32,760 Speaker 2: in other words, slang for kill the current President of 134 00:07:32,800 --> 00:07:36,680 Speaker 2: the United States, Donald J. Trump. To say, calling for 135 00:07:36,760 --> 00:07:39,360 Speaker 2: the murder of the sitting president is not appropriate for 136 00:07:39,440 --> 00:07:43,480 Speaker 2: the former FBI director. In an ordinary time, that would 137 00:07:43,520 --> 00:07:47,320 Speaker 2: be such an obvious statement that nobody would even think 138 00:07:47,360 --> 00:07:51,360 Speaker 2: to say it. But that's just how much James Comy 139 00:07:51,680 --> 00:07:56,720 Speaker 2: loathes Donald Trump. And understand. When Trump became president the 140 00:07:56,720 --> 00:08:02,280 Speaker 2: first time in January of twenty seventeen, President Trump unfortunately 141 00:08:02,280 --> 00:08:05,440 Speaker 2: made a serious mistake, which is he left James Comy 142 00:08:05,480 --> 00:08:10,880 Speaker 2: in office. In hindsight, on January twentieth, twenty seventeen, President 143 00:08:10,920 --> 00:08:13,000 Speaker 2: Trump should have called James Comy and said thank you 144 00:08:13,040 --> 00:08:15,000 Speaker 2: for your service to the nation. Your services are no 145 00:08:15,040 --> 00:08:19,240 Speaker 2: longer required. I am certain President Trump wishes he had 146 00:08:19,240 --> 00:08:22,640 Speaker 2: done that. I think the White House team believed that 147 00:08:23,320 --> 00:08:26,640 Speaker 2: Komy could focus on law enforcement could not be politicized, 148 00:08:27,720 --> 00:08:32,720 Speaker 2: and that assumption proved to be in error. James Comy 149 00:08:32,840 --> 00:08:37,439 Speaker 2: presided over weaponizing and politicizing the FBI. He was part 150 00:08:37,480 --> 00:08:41,800 Speaker 2: of weaponizing and politicizing the Department of Justice. And it 151 00:08:41,880 --> 00:08:46,000 Speaker 2: was because they hated Donald Trump, and frankly, they were 152 00:08:46,040 --> 00:08:49,160 Speaker 2: angry at the American people for electing him in twenty sixteen, 153 00:08:49,280 --> 00:08:54,280 Speaker 2: and so the FBI set out to try to attack 154 00:08:54,360 --> 00:08:58,000 Speaker 2: and to try to ultimately remove from office the President 155 00:08:58,000 --> 00:09:03,040 Speaker 2: of the United States. Now, again this should not bear saying, 156 00:09:04,040 --> 00:09:07,120 Speaker 2: but it is not the job of law enforcement to 157 00:09:07,240 --> 00:09:10,160 Speaker 2: determine the will of the voters. Is wrong, and the 158 00:09:10,200 --> 00:09:12,920 Speaker 2: elected president should no longer be president. But that's what 159 00:09:13,040 --> 00:09:15,839 Speaker 2: Comy presided over. And so when I listen to him 160 00:09:15,880 --> 00:09:19,760 Speaker 2: say I weep for the Department of Justice, it really is. 161 00:09:19,840 --> 00:09:22,520 Speaker 2: You know, there's a Yiddish word, hootspot. And I got 162 00:09:22,520 --> 00:09:24,600 Speaker 2: to say, James Comy really ought to have a T 163 00:09:24,720 --> 00:09:28,600 Speaker 2: shirt with that printed on it, because he is grieving 164 00:09:28,640 --> 00:09:31,959 Speaker 2: for the Department of Justice. Why because he has been 165 00:09:32,000 --> 00:09:35,240 Speaker 2: indicted for what I think is clearly a felony, and 166 00:09:35,520 --> 00:09:38,960 Speaker 2: we're going to break down in just minutes, Why exactly 167 00:09:39,040 --> 00:09:41,160 Speaker 2: this is a felony, what the crime is. And I 168 00:09:41,160 --> 00:09:45,480 Speaker 2: want to point out nowhere in his statement does Comy 169 00:09:45,520 --> 00:09:48,160 Speaker 2: get into the actual facts. Nowhere in the statement does 170 00:09:48,200 --> 00:09:50,720 Speaker 2: he get into what he did. Nowhere in the statement 171 00:09:50,720 --> 00:09:53,200 Speaker 2: does he get into the law. He just gives a 172 00:09:53,240 --> 00:09:56,360 Speaker 2: political statement. He will not be on his knees. He 173 00:09:56,480 --> 00:09:59,880 Speaker 2: calls Trump a tyrant who is ruling by fear. Look, 174 00:10:00,160 --> 00:10:02,720 Speaker 2: this is an indictment that was returned by a grand 175 00:10:02,760 --> 00:10:06,040 Speaker 2: jury in the Commonwealth of Virginia, and it was returned 176 00:10:06,720 --> 00:10:11,840 Speaker 2: because of I believe clear evidence demonstrating Comy committed felonies. 177 00:10:13,440 --> 00:10:17,120 Speaker 1: Senator, I want to bring up a point that no 178 00:10:17,200 --> 00:10:20,880 Speaker 1: one in the media has brought up so far about 179 00:10:20,920 --> 00:10:23,839 Speaker 1: this indictment. And I brought it up on CNN and 180 00:10:23,960 --> 00:10:27,680 Speaker 1: they were like all deer in headlights, there is something 181 00:10:27,840 --> 00:10:29,800 Speaker 1: about this case. And they were saying, Oh, this is 182 00:10:29,840 --> 00:10:34,440 Speaker 1: just political retribution by Donald Trump that clearly they weren't 183 00:10:34,480 --> 00:10:36,400 Speaker 1: going to bring this case. He had to fire the 184 00:10:36,440 --> 00:10:39,320 Speaker 1: person in charge of this office in Virginia, had to 185 00:10:39,360 --> 00:10:41,720 Speaker 1: put in somebody that would weaponize the DOJ. 186 00:10:43,080 --> 00:10:44,920 Speaker 4: Here's the fact that most people don't know. 187 00:10:45,840 --> 00:10:50,240 Speaker 1: James Comy's own son in law was literally inside the 188 00:10:50,320 --> 00:10:53,880 Speaker 1: prosecutor's office that was tasked. 189 00:10:54,600 --> 00:10:58,320 Speaker 4: Just think about this with indicting his father in law. 190 00:10:58,920 --> 00:11:00,920 Speaker 1: And so when you say it there and I look 191 00:11:00,960 --> 00:11:02,960 Speaker 1: at this, I'm like, man, the deep state got together 192 00:11:03,080 --> 00:11:04,880 Speaker 1: to protect James Comy at all costs. 193 00:11:05,080 --> 00:11:08,120 Speaker 4: And as soon as the indictment came out later in the. 194 00:11:08,160 --> 00:11:12,840 Speaker 1: Day, James Comy's son in law then gave his resignation 195 00:11:13,000 --> 00:11:15,760 Speaker 1: letter because I guess he just couldn't stop what was inevitable. 196 00:11:16,480 --> 00:11:18,960 Speaker 2: Well, and look, I think what should govern this case 197 00:11:19,840 --> 00:11:22,800 Speaker 2: is the facts and the law. And I believe James 198 00:11:22,880 --> 00:11:26,160 Speaker 2: Comy should have been indicted five years ago, and indeed 199 00:11:26,200 --> 00:11:28,520 Speaker 2: I called upon him to be indicted five years ago. 200 00:11:28,559 --> 00:11:30,640 Speaker 2: So let me lay out the facts and in December 201 00:11:30,679 --> 00:11:33,840 Speaker 2: of twenty twenty. So the questioning that we played in 202 00:11:33,880 --> 00:11:37,160 Speaker 2: the first segment was September thirtieth of twenty twenty. And 203 00:11:37,200 --> 00:11:40,120 Speaker 2: by the way, the reason the indictment was brought right 204 00:11:40,160 --> 00:11:42,720 Speaker 2: now is the statute limitations was going to run next 205 00:11:42,760 --> 00:11:44,600 Speaker 2: week and so they had to bring it before the 206 00:11:44,679 --> 00:11:47,120 Speaker 2: end of the statute limitations or they would not be 207 00:11:47,120 --> 00:11:50,800 Speaker 2: able to charge him. But on December tenth of twenty twenty, 208 00:11:50,840 --> 00:11:54,080 Speaker 2: here's the letter that I sent to Bill Barr, then 209 00:11:54,120 --> 00:11:57,719 Speaker 2: the Attorney General of the United States, and Christopher Ray, 210 00:11:57,840 --> 00:12:02,480 Speaker 2: who was then the director of the FBI. Days before 211 00:12:02,480 --> 00:12:06,160 Speaker 2: the presidential election in twenty sixteen, a Wall Street Journal 212 00:12:06,240 --> 00:12:09,440 Speaker 2: article quoted an anonymous source confirming the existence of a 213 00:12:09,520 --> 00:12:13,240 Speaker 2: probe into Hillary Clinton's use of a private email server 214 00:12:13,720 --> 00:12:17,440 Speaker 2: while serving as Secretary of State, an investigation that up 215 00:12:17,480 --> 00:12:20,520 Speaker 2: to that point, mister Comy and the FBI declined to confirm. 216 00:12:21,600 --> 00:12:25,120 Speaker 2: We now know that this leak was authorized by then 217 00:12:25,360 --> 00:12:30,440 Speaker 2: Deputy Director of the FBI, Andrew McCabe. Mister McCabe initially 218 00:12:30,480 --> 00:12:33,760 Speaker 2: told FBI agents under oath that he did not authorize 219 00:12:33,760 --> 00:12:36,720 Speaker 2: the leak and he did not know who did, but 220 00:12:36,840 --> 00:12:41,160 Speaker 2: when confronted later with contrary evidence, he confessed both to 221 00:12:41,280 --> 00:12:46,960 Speaker 2: knowing about and authorizing the leak. We do not know, however, 222 00:12:47,480 --> 00:12:51,720 Speaker 2: whether and to what extent then FBI Director Comy was 223 00:12:51,760 --> 00:12:56,000 Speaker 2: aware of and authorized this leak. After the fact, mister 224 00:12:56,040 --> 00:13:00,400 Speaker 2: Comy has repeatedly stated, I'm sorry. Mister McCabe has repeatedly 225 00:13:00,440 --> 00:13:04,840 Speaker 2: stated that mister komy knew of and effectively authorized the 226 00:13:04,880 --> 00:13:08,520 Speaker 2: leak by approving it. He told the Office of Inspector 227 00:13:08,559 --> 00:13:12,559 Speaker 2: General that quote he and Komy discussed the October thirtieth 228 00:13:12,600 --> 00:13:16,199 Speaker 2: Wall Street Journal article in person on October thirty first, 229 00:13:16,240 --> 00:13:21,120 Speaker 2: twenty sixteen, and that at that meeting, quote he told 230 00:13:21,200 --> 00:13:25,640 Speaker 2: Comy that he had authorized ad slash Opa and Special 231 00:13:25,679 --> 00:13:29,320 Speaker 2: Council to disclose the account of the August twelfth call 232 00:13:30,160 --> 00:13:33,600 Speaker 2: and did not say anything in any way to suggest 233 00:13:33,640 --> 00:13:38,320 Speaker 2: that it was unauthorized. According to mister McCabe, mister Komy 234 00:13:38,440 --> 00:13:42,480 Speaker 2: quote did not react negatively, just kind of accepted it, 235 00:13:43,080 --> 00:13:47,280 Speaker 2: and quote thought it was a good idea that they 236 00:13:47,360 --> 00:13:51,920 Speaker 2: presented this information to the media. He again reiterated mister 237 00:13:51,960 --> 00:13:54,880 Speaker 2: Comy's involvement at a hearing last month at the Senate 238 00:13:54,920 --> 00:13:59,560 Speaker 2: Judiciary Committee. I asked mister McCabe. According to The Washington 239 00:13:59,559 --> 00:14:04,800 Speaker 2: Times April eighteenth, twenty eighteen, mister McCabe insisted that he 240 00:14:04,840 --> 00:14:07,600 Speaker 2: told his boss that he had authorized disclosure about the 241 00:14:07,600 --> 00:14:13,080 Speaker 2: Clinton investigation, but mister Comy has denied this claim, and 242 00:14:13,160 --> 00:14:16,840 Speaker 2: mister McCabe told investigators that mister Comy knew he had 243 00:14:16,880 --> 00:14:20,440 Speaker 2: authorized disclosure and agreed it was a good idea. Is 244 00:14:20,800 --> 00:14:25,560 Speaker 2: that accurate? Is that your testimony to this committee? Mister 245 00:14:25,640 --> 00:14:31,960 Speaker 2: McCabe replied, that is my recollection. Mister Comy, however, has 246 00:14:32,000 --> 00:14:35,160 Speaker 2: sworn under oath that he has neither authorized the leak 247 00:14:35,280 --> 00:14:38,840 Speaker 2: nor knew of mister McCabe's involvement. At a May twenty 248 00:14:38,880 --> 00:14:43,000 Speaker 2: seventeenth hearing before the Senate Judiciary Committee, Senator Grassley asked, 249 00:14:43,040 --> 00:14:46,960 Speaker 2: mister Comy, have you ever been an anonymous source in 250 00:14:47,000 --> 00:14:50,720 Speaker 2: news reports about matters relating to the Trump investigation or 251 00:14:50,760 --> 00:14:58,000 Speaker 2: the Clinton investigation. Mister Comy replied never. Senator Grassley then asked, 252 00:14:58,520 --> 00:15:01,280 Speaker 2: have you ever authorized some someone else at the FBI 253 00:15:01,640 --> 00:15:04,120 Speaker 2: to be an anonymous source in news reports about the 254 00:15:04,120 --> 00:15:10,880 Speaker 2: Trump investigation or the Clinton administration? He testified no. And 255 00:15:11,000 --> 00:15:15,480 Speaker 2: this October that a Senate Judiciary Committee hearing, mister Komy testified, 256 00:15:15,520 --> 00:15:19,400 Speaker 2: in response to my questioning, quote, I stand by the 257 00:15:19,440 --> 00:15:22,000 Speaker 2: testimony that you summarized that I gave in May of 258 00:15:22,040 --> 00:15:26,360 Speaker 2: twenty seventeen. Mister Komy's denial in front of the Senate 259 00:15:26,440 --> 00:15:30,120 Speaker 2: is consistent with his statement to the OIG. He told 260 00:15:30,120 --> 00:15:34,440 Speaker 2: the OIG that quote, he recalled seeing this article, but 261 00:15:34,520 --> 00:15:37,320 Speaker 2: he did not know how the disclosure about the paidag 262 00:15:37,400 --> 00:15:41,680 Speaker 2: call in the October thirtieth article happened. He said that 263 00:15:41,720 --> 00:15:44,880 Speaker 2: he was quote very concerned about that part of the article. 264 00:15:45,880 --> 00:15:49,560 Speaker 2: Komy told OIG he considered the disclosure about the paidag's 265 00:15:49,600 --> 00:15:55,240 Speaker 2: call problematic because it related the sensitive FBI information. The 266 00:15:55,280 --> 00:16:00,200 Speaker 2: OIG report continues, quote according to Komy, he discover us 267 00:16:00,280 --> 00:16:03,200 Speaker 2: the issue with mccab after the article was published, and 268 00:16:03,280 --> 00:16:08,000 Speaker 2: at the time mccab quote definitely did not tell me 269 00:16:08,080 --> 00:16:12,320 Speaker 2: that he authorized the disclosure of the paidag call. Comy 270 00:16:12,360 --> 00:16:17,280 Speaker 2: said that mccab gave him the exact opposite impression. Mister 271 00:16:17,360 --> 00:16:20,440 Speaker 2: Comy asserted that he took from whatever communication they had 272 00:16:20,440 --> 00:16:24,280 Speaker 2: that mister mccab wasn't involved in the leak. And here's 273 00:16:24,320 --> 00:16:31,479 Speaker 2: what's critical. Mister Comy and mister McCabe's statements are irreconcilably contradictory. 274 00:16:32,240 --> 00:16:34,600 Speaker 2: Mister mccab says that he told mister Comy of the 275 00:16:34,680 --> 00:16:38,960 Speaker 2: leak and that mister Comy approved, effectively authorizing the leak 276 00:16:39,000 --> 00:16:42,400 Speaker 2: after the fact. Mister Comy, on the other hand, has 277 00:16:42,440 --> 00:16:45,120 Speaker 2: said that he neither authorized the leak nor knew of 278 00:16:45,200 --> 00:16:50,360 Speaker 2: mister McCabe's involvement. One of them is lying under oath 279 00:16:50,400 --> 00:16:55,040 Speaker 2: a Federal crime eighteen USC. Section sixteen twenty one. The 280 00:16:55,120 --> 00:17:00,400 Speaker 2: American people deserve to know who those are the facts, 281 00:17:01,040 --> 00:17:05,720 Speaker 2: and it is a simple binary choice. Either James Comy 282 00:17:06,320 --> 00:17:09,880 Speaker 2: lied under oath and committed to felony, or Andrew McCabe 283 00:17:10,240 --> 00:17:12,640 Speaker 2: lied under oath or committed to felony. Because what they 284 00:17:12,680 --> 00:17:15,320 Speaker 2: said is precisely opposite. There is not a world in 285 00:17:15,320 --> 00:17:18,160 Speaker 2: which neither of them committed a felony. And the only 286 00:17:18,320 --> 00:17:23,000 Speaker 2: choice is which one broke the law by bringing this indictment. Obviously, 287 00:17:23,000 --> 00:17:26,800 Speaker 2: the Department of Justice has determined it was James Comy 288 00:17:27,640 --> 00:17:30,040 Speaker 2: who lied under oath and broke the law, and that's 289 00:17:30,040 --> 00:17:31,480 Speaker 2: what the trial will be all about. 290 00:17:32,160 --> 00:17:32,840 Speaker 4: All right, Senator. 291 00:17:32,960 --> 00:17:36,840 Speaker 1: So here's what I've been hearing on online from the media. 292 00:17:36,840 --> 00:17:39,639 Speaker 1: They're like, hey, Donald Trump weighed in on this too much. 293 00:17:39,800 --> 00:17:41,760 Speaker 1: They're gonna get this thing kicked out before it even 294 00:17:41,760 --> 00:17:44,159 Speaker 1: goes to a judge. This is a waste of the 295 00:17:44,160 --> 00:17:48,720 Speaker 1: American taxpayer's dollars. And then if that's not enough, they say, well, 296 00:17:48,960 --> 00:17:52,080 Speaker 1: no one ever gets indicted and they actually go forward 297 00:17:52,119 --> 00:17:54,680 Speaker 1: and get a conviction on someone lying to Congress because well, 298 00:17:54,680 --> 00:17:56,560 Speaker 1: a lot of people lie to Congress, and even if 299 00:17:56,560 --> 00:17:58,080 Speaker 1: you did lie, it may have been a mistake. It's 300 00:17:58,080 --> 00:18:01,359 Speaker 1: gonna be very hard to get a conviction. Break down, 301 00:18:01,400 --> 00:18:03,960 Speaker 1: how this could roll out in court, what could happen? 302 00:18:04,920 --> 00:18:07,359 Speaker 2: Well, at the end of the day, the factual predicate 303 00:18:07,480 --> 00:18:11,159 Speaker 2: behind this crime is not terribly complicated. As I mentioned, 304 00:18:11,160 --> 00:18:15,680 Speaker 2: there's a direct contradiction between James Comey's testimony under oath 305 00:18:15,760 --> 00:18:19,879 Speaker 2: before the Senate and Andrew McCabe's testimony under oath before 306 00:18:19,920 --> 00:18:23,960 Speaker 2: the Senate. They cannot both be true. One or the 307 00:18:24,040 --> 00:18:27,600 Speaker 2: other is deliberately lying. And how do we know which 308 00:18:27,640 --> 00:18:30,960 Speaker 2: one is likely to be lying? Well, the FBI, in 309 00:18:31,040 --> 00:18:34,720 Speaker 2: all likelihood, possesses the information that confirms who's telling the 310 00:18:34,760 --> 00:18:39,200 Speaker 2: truth and who's lying. Indeed, if you look at the 311 00:18:39,280 --> 00:18:44,159 Speaker 2: account of what occurred, mckab initially told the same lie 312 00:18:44,359 --> 00:18:48,680 Speaker 2: that Komy did. Mckayb initially said he didn't leak the information. Yeah, 313 00:18:49,040 --> 00:18:51,240 Speaker 2: he didn't authorize it and he didn't know who did. 314 00:18:51,520 --> 00:18:56,600 Speaker 2: But then the FBI Office of Inspector General confronted him 315 00:18:57,040 --> 00:19:00,080 Speaker 2: with contrary evidence. I don't know what the contrary evidence is, 316 00:19:00,119 --> 00:19:02,639 Speaker 2: but they put in front of him, mister McCabe, you 317 00:19:02,640 --> 00:19:05,800 Speaker 2: said you didn't leak this information. Well, boom, here's the 318 00:19:05,840 --> 00:19:09,000 Speaker 2: evidence to the contrary And what did McCabe do oh crap, 319 00:19:09,040 --> 00:19:12,320 Speaker 2: you got me. Okay, you're right, I leaked it. I'm 320 00:19:12,359 --> 00:19:15,280 Speaker 2: the one who did it, and I talked to Comy 321 00:19:15,320 --> 00:19:17,800 Speaker 2: about it. I told him about it. So he admitted 322 00:19:17,840 --> 00:19:20,800 Speaker 2: that when he was caught in a lie. I don't 323 00:19:20,840 --> 00:19:26,760 Speaker 2: know specifically what confirming evidence the FBI in the Department 324 00:19:26,760 --> 00:19:30,280 Speaker 2: of Justice has, but they have enough that they caused 325 00:19:30,359 --> 00:19:34,840 Speaker 2: McCabe to reverse his first lie and instead to say, yes, 326 00:19:34,920 --> 00:19:37,879 Speaker 2: he did it, and Comy knew about it. And so 327 00:19:38,080 --> 00:19:40,600 Speaker 2: between the two, you know, it was interesting. When I 328 00:19:40,680 --> 00:19:44,000 Speaker 2: was questioning Comy, he said a couple of times, well, 329 00:19:44,200 --> 00:19:47,840 Speaker 2: I'm not going to characterize, as he put it, Andy's testimony. Well, 330 00:19:47,880 --> 00:19:50,720 Speaker 2: I get politically that's a smart move, not to characterize 331 00:19:50,760 --> 00:19:54,600 Speaker 2: Andy's testimony. But you know what, his entire legal defense 332 00:19:54,720 --> 00:19:57,120 Speaker 2: is going to be, McCabe is lying because he doesn't 333 00:19:57,160 --> 00:20:01,720 Speaker 2: have an alternative. That's his only argument is when McCabe said, under. 334 00:20:01,440 --> 00:20:04,000 Speaker 4: Oath, good point that I know about it. 335 00:20:05,280 --> 00:20:07,879 Speaker 2: Comy's defense team is going to have to say McCabe 336 00:20:08,000 --> 00:20:09,480 Speaker 2: was lying. And by the way, mccab is going to 337 00:20:09,520 --> 00:20:13,919 Speaker 2: be the star witness at the prosecution. The prosecution is 338 00:20:13,920 --> 00:20:17,480 Speaker 2: going to put Andy McCabe on the stand and he's 339 00:20:17,520 --> 00:20:21,600 Speaker 2: going to ask them, did you leak it? Now, I'm 340 00:20:21,600 --> 00:20:24,120 Speaker 2: going to predict Andy McCabe is going to say, yes, 341 00:20:25,359 --> 00:20:28,400 Speaker 2: did you talk to James Comy about it? Yes? Did 342 00:20:28,440 --> 00:20:31,520 Speaker 2: he authorize it? Yes? And the reason I'm going to 343 00:20:31,560 --> 00:20:33,160 Speaker 2: predict he's going to do all of that is because 344 00:20:33,160 --> 00:20:37,320 Speaker 2: Andy McCabe testified to that in front of Congress, and 345 00:20:37,359 --> 00:20:40,480 Speaker 2: if he gives any other answer, he'll be indicted for 346 00:20:40,560 --> 00:20:44,119 Speaker 2: lying to Congress. So he can't have it both ways. 347 00:20:45,040 --> 00:20:49,280 Speaker 2: And I expect that Comy's lawyer will try to cross 348 00:20:49,320 --> 00:20:52,760 Speaker 2: examine him, and we'll try to argue McCabe is lying. 349 00:20:52,800 --> 00:20:55,119 Speaker 2: But it's very difficult to see why McCabe would have 350 00:20:55,200 --> 00:20:59,200 Speaker 2: any incentive to lie. He and Comy were thick as thieves. 351 00:21:00,160 --> 00:21:04,840 Speaker 2: He was only forced to admit the truth when confronted 352 00:21:04,880 --> 00:21:07,760 Speaker 2: with contrary evidence. Again, we don't know what that evidence is, 353 00:21:08,200 --> 00:21:11,439 Speaker 2: but presumably the FBI and the Department of Justice do so. 354 00:21:11,520 --> 00:21:15,119 Speaker 2: I don't know if it is contemporaneous phone calls, perhaps 355 00:21:15,200 --> 00:21:17,399 Speaker 2: with the reporters. I don't know if it is notes. 356 00:21:17,400 --> 00:21:19,480 Speaker 2: I don't know if it's emails. I don't know if 357 00:21:19,520 --> 00:21:22,480 Speaker 2: it's testimony from someone else at the FBI. Who said, Hey, 358 00:21:22,880 --> 00:21:25,800 Speaker 2: Andrew McCabe told me to do this. But it is something, 359 00:21:26,960 --> 00:21:30,399 Speaker 2: and it was something that was compelling enough that it 360 00:21:30,600 --> 00:21:34,920 Speaker 2: caused Andrew McCabe to abandon line number one. And and 361 00:21:35,320 --> 00:21:37,760 Speaker 2: so at the end of the day, this is not 362 00:21:38,000 --> 00:21:42,400 Speaker 2: a complicated factual case. This is not some grand tapestry. 363 00:21:42,960 --> 00:21:47,600 Speaker 2: It's a he said, he said, she said. But you 364 00:21:47,800 --> 00:21:50,879 Speaker 2: have both testimonies under oath, and it's going to be 365 00:21:50,880 --> 00:21:53,879 Speaker 2: a question of what additional evidence is there to confirm 366 00:21:53,920 --> 00:21:56,720 Speaker 2: who's telling the truth and who's not. I also think 367 00:21:56,800 --> 00:22:02,040 Speaker 2: I will be surprised if James Comey's lawyer puts him 368 00:22:02,080 --> 00:22:06,600 Speaker 2: on the stand. Now, under our justice system, the prosecution 369 00:22:06,800 --> 00:22:11,560 Speaker 2: cannot force a defendant to testify. But I'm going to 370 00:22:11,600 --> 00:22:13,760 Speaker 2: predict James Comy is not going to take the stand 371 00:22:14,680 --> 00:22:18,280 Speaker 2: because if he takes the stand, he can be cross examined, 372 00:22:18,320 --> 00:22:21,040 Speaker 2: and he does not want to be cross examined, because 373 00:22:21,080 --> 00:22:26,760 Speaker 2: this is someone who presided over weaponizing the Department of 374 00:22:26,920 --> 00:22:30,120 Speaker 2: Justice with the objective of taking out Donald J. Trump 375 00:22:31,000 --> 00:22:34,280 Speaker 2: and getting under oath, getting cross examined by a skilled 376 00:22:34,320 --> 00:22:37,040 Speaker 2: trial attorney, and again under oath. By the way, if 377 00:22:37,080 --> 00:22:39,480 Speaker 2: he lies in his trial testimony, he can be indicted 378 00:22:39,480 --> 00:22:43,040 Speaker 2: and prosecuted again for lying under oath. Again, I don't 379 00:22:43,040 --> 00:22:46,760 Speaker 2: think his lawyer will do that. And so at the 380 00:22:46,880 --> 00:22:48,639 Speaker 2: end of the day, look, the press is going to 381 00:22:48,720 --> 00:22:51,639 Speaker 2: go on and on and say, well, Trump hates James Comy. 382 00:22:51,680 --> 00:22:55,440 Speaker 2: That is certainly true, but being hated by the President 383 00:22:55,520 --> 00:22:58,439 Speaker 2: is not enough to exonerate you from criminal conduct. And 384 00:22:58,480 --> 00:23:02,440 Speaker 2: in this instance, I believe Comy should have been indicted 385 00:23:02,480 --> 00:23:06,280 Speaker 2: five years ago because it was clear he had deliberately 386 00:23:06,400 --> 00:23:09,879 Speaker 2: lied to Congress. And look, we started by playing my 387 00:23:09,960 --> 00:23:15,280 Speaker 2: cross examination. This wasn't an absent minded lie. This wasn't oh, 388 00:23:15,280 --> 00:23:19,600 Speaker 2: I'm not paying attention. This was careful, This was deliberate, 389 00:23:19,680 --> 00:23:23,159 Speaker 2: this was strategic, this was planned. I believe this was 390 00:23:23,240 --> 00:23:26,960 Speaker 2: James Comy saying, I face no accountability whatsoever. I can 391 00:23:27,040 --> 00:23:29,560 Speaker 2: lie under oath and no one's going to hold me 392 00:23:29,640 --> 00:23:33,119 Speaker 2: to account. And I think he feels he feels clever, 393 00:23:33,359 --> 00:23:36,680 Speaker 2: but he also feels vindicated. Listen, James Comy was someone 394 00:23:37,840 --> 00:23:41,560 Speaker 2: who I think fancied himself as j Edgar Hoover. He 395 00:23:41,720 --> 00:23:47,120 Speaker 2: fancied himself as as an incredibly powerful director of the FBI, 396 00:23:47,840 --> 00:23:52,080 Speaker 2: empowered to remove the tyrant. That's what he said in 397 00:23:52,119 --> 00:23:56,040 Speaker 2: his statement tonight that he thinks Trump is a tyrant. 398 00:23:56,080 --> 00:23:58,359 Speaker 2: And I think when the American people elected him in 399 00:23:58,400 --> 00:24:02,600 Speaker 2: twenty sixteen, I think Comy was angry and he decided 400 00:24:02,640 --> 00:24:05,240 Speaker 2: he would use the power of the FBI to remove 401 00:24:05,359 --> 00:24:08,920 Speaker 2: the president elected by the people. And so I think 402 00:24:08,920 --> 00:24:12,560 Speaker 2: it is quite fitting that he is facing accountability for 403 00:24:12,640 --> 00:24:17,960 Speaker 2: committing criminal conduct. Let me repeat, this indictment is not 404 00:24:18,080 --> 00:24:20,280 Speaker 2: for being an opponent of Donald Trump. It is not 405 00:24:20,359 --> 00:24:25,080 Speaker 2: for being a political political figure on the other side 406 00:24:25,080 --> 00:24:29,560 Speaker 2: of Donald Trump. This indictment is for deliberately and knowingly 407 00:24:29,680 --> 00:24:32,359 Speaker 2: lying under oath to the United States Senate, which is 408 00:24:32,400 --> 00:24:36,159 Speaker 2: a clear and unmistakable felony. And and I think I 409 00:24:36,200 --> 00:24:40,200 Speaker 2: think Comy. I think the odds are good that Comy 410 00:24:40,240 --> 00:24:43,639 Speaker 2: will be convicted. And I think if he's convicted, I 411 00:24:43,640 --> 00:24:45,160 Speaker 2: think he's going to serve jail time. 412 00:24:45,280 --> 00:24:48,600 Speaker 1: How much of it very quickly. Of his past will 413 00:24:48,640 --> 00:24:51,880 Speaker 1: come back to haunt him. He is a prolific guy 414 00:24:52,040 --> 00:24:53,879 Speaker 1: when it comes to leaking. He's a pro at it. 415 00:24:53,920 --> 00:24:56,040 Speaker 1: He's on amateur Yes, he knows how to leak. Hell, 416 00:24:56,080 --> 00:24:59,200 Speaker 1: he leaked information that was apparently classified to make sure 417 00:24:59,240 --> 00:25:02,600 Speaker 1: that there was a a special counsel that went after 418 00:25:02,640 --> 00:25:05,000 Speaker 1: Donald Trump. We know that for a fact, and it 419 00:25:05,080 --> 00:25:07,399 Speaker 1: went to one of his former law friends at a 420 00:25:07,480 --> 00:25:10,680 Speaker 1: university that then went to a newspaper. That is a fact. 421 00:25:10,960 --> 00:25:12,800 Speaker 1: Will that come up? And then the other question I 422 00:25:12,840 --> 00:25:15,800 Speaker 1: have for you quickly is this, will the testimony the 423 00:25:15,880 --> 00:25:17,960 Speaker 1: day before Congress be used in court? 424 00:25:18,080 --> 00:25:18,639 Speaker 4: Or literally? 425 00:25:18,680 --> 00:25:21,800 Speaker 1: Will senators that interviewed him, Would you guys go to 426 00:25:21,840 --> 00:25:23,920 Speaker 1: court or would they just use the testimony video? 427 00:25:24,480 --> 00:25:26,640 Speaker 2: Yeah, I think they would use the testimony. They would 428 00:25:26,640 --> 00:25:28,760 Speaker 2: read or play the testimony. I don't think you're going 429 00:25:28,840 --> 00:25:33,200 Speaker 2: to see senators testifying, and the record is clear and objective, 430 00:25:33,240 --> 00:25:37,479 Speaker 2: and so everyone knows exactly what his testimony was. In 431 00:25:37,600 --> 00:25:40,120 Speaker 2: terms of his past pattern, I think it could certainly 432 00:25:40,160 --> 00:25:43,160 Speaker 2: come in. The prosecution might try to bring it in 433 00:25:43,640 --> 00:25:46,480 Speaker 2: to establish a pattern. That would be difficult. But I 434 00:25:46,480 --> 00:25:50,160 Speaker 2: think if Comey's lawyer argues, well, he couldn't possibly have 435 00:25:50,200 --> 00:25:53,400 Speaker 2: approved this, he never would have approved a leak, then 436 00:25:53,480 --> 00:25:55,639 Speaker 2: I think the prosecution would be able to get all 437 00:25:55,680 --> 00:25:59,440 Speaker 2: of that in as rebuttal to the defendant's argument. So 438 00:25:59,480 --> 00:26:01,040 Speaker 2: I think it's more more likely to come in as 439 00:26:01,080 --> 00:26:05,679 Speaker 2: rebuttal evidence than directly proving a pattern. But my guess 440 00:26:05,800 --> 00:26:08,600 Speaker 2: is one way or another that evidence is going to 441 00:26:08,640 --> 00:26:10,520 Speaker 2: come in. And you're right, there's a clear pattern. Comy 442 00:26:10,600 --> 00:26:13,080 Speaker 2: has a long pattern of relying on media leaks to 443 00:26:13,200 --> 00:26:14,920 Speaker 2: advance his own personal agenda. 444 00:26:15,000 --> 00:26:17,439 Speaker 1: Don't forget Share this podcast wherever you can with your 445 00:26:17,440 --> 00:26:19,240 Speaker 1: family and your friends, and I'll see you back here 446 00:26:19,240 --> 00:26:19,680 Speaker 1: tomorrow