WEBVTT - Walls Closing In

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<v Speaker 1>Good morning, peeps, and welcome to wika FP Daily with

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<v Speaker 1>Meet your Girl Danielle Moody reporting from the Brooklyn Bunker, Folks.

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<v Speaker 1>In my conversation today with our friend MSNBC legal analyst

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<v Speaker 1>and host of Justice Matters Glenn Kirshner, we dive into

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<v Speaker 1>the walls that are closing in on Donald Trump. At

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<v Speaker 1>least I say that I would like for these walls

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<v Speaker 1>to be closing in on Donald Trump. And Glenn is

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<v Speaker 1>going to walk us through upcoming on the show, basically

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<v Speaker 1>what unfolded at the end of last week with the

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<v Speaker 1>Georgia grand Jury. So here's where we are. Donald Trump

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<v Speaker 1>has so many fucking cases against him right now. But

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<v Speaker 1>the issue that we are having, and the issue that

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<v Speaker 1>has always been with the Trumps, is that while they

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<v Speaker 1>are sued numerous amounts of times, they were never really

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<v Speaker 1>convicted of anything. And that's the problem. And this is

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<v Speaker 1>how when he was, you know, the King of New

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<v Speaker 1>York in the eighties and the early nineties, why Donald

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<v Speaker 1>Trump had the name teflon Don because nothing ever stuck.

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<v Speaker 1>He was like the fucking mobster that you always tried

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<v Speaker 1>to pin the murders on, but you would turn up

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<v Speaker 1>with nobody. And that's the thing is that Donald Trump

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<v Speaker 1>I believe that he entered into the presidency with the

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<v Speaker 1>belief that he knew that he was hundreds of millions

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<v Speaker 1>of dollars in debt, that he could use the presidency

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<v Speaker 1>as a way to hustle, right as the grifter that

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<v Speaker 1>he is, which he did a monument's clause what, and

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<v Speaker 1>that he also could use it as cover for all

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<v Speaker 1>of the cases and the trials and the things that

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<v Speaker 1>people had said. I mean, remember, folks, like just go

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<v Speaker 1>back in your mind. Donald Trump has over twenty women

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<v Speaker 1>that have accused him of sexual assault and or harassment. Right,

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<v Speaker 1>Donald Trump has a numerous amounts of photos with Jeffrey

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<v Speaker 1>Epstein and Jesse Elaine. Right, Maxwell, you know who this

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<v Speaker 1>man is. You know that the Trump Foundation and University

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<v Speaker 1>was shut down by Attorney General Letitia James, new York

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<v Speaker 1>Attorney General, right because of fraud. And so the investigation

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<v Speaker 1>that continues in New York is on fraud. Now moving

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<v Speaker 1>down the line in the Trump shell businesses to Trump

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<v Speaker 1>organization as a whole. But that case is a civil case,

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<v Speaker 1>and Glen will walk us through obviously, the difference between

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<v Speaker 1>civil charges that could possibly be brought and again they

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<v Speaker 1>have yet to happen. But what was said out of

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<v Speaker 1>the AG's office is that there is mount team right quotes,

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<v Speaker 1>air quotes, mounting evidence that there was fraud that has

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<v Speaker 1>happened and was the norm for the Trump organization. In

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<v Speaker 1>a civil case though there's no jail time. But the

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<v Speaker 1>recent movements down in Georgia by Georgia A. G. Willis

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<v Speaker 1>is different because we're actually talking about criminal charges. And

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<v Speaker 1>the reason why she has now asked for there to

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<v Speaker 1>be a special grand jury called in is because Georgia

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<v Speaker 1>law does not allow for regular grand juries to be

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<v Speaker 1>able to authorize subpoenas with any force. And what do

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<v Speaker 1>we know about Trump and company. They don't give a

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<v Speaker 1>fuck about subpoenas, right, They don't care about congressional subpoenas.

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<v Speaker 1>And unless it's coming down from the Department of Justice,

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<v Speaker 1>which Glen will tell us about, then there really are

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<v Speaker 1>no teeth to these subpoenas and so they can just

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<v Speaker 1>shrug and say, oh, I didn't see it, maybe it

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<v Speaker 1>went to spam. Right. The interesting thing though about the

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<v Speaker 1>Georgia case is that Trump is caught on audio again.

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<v Speaker 1>Can you find me eleven thousand seven hundred and eighty

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<v Speaker 1>six votes. I mean, you do not have to be

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<v Speaker 1>a rocket scientist to be able to infer what the

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<v Speaker 1>intent was there, right, Like, Oh, I wonder what he

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<v Speaker 1>meant by that, Just like I wonder what Donald Trump

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<v Speaker 1>meant on January in January before the January sixth insurrection

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<v Speaker 1>when he said that January sixth was going to be wild.

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<v Speaker 1>I wonder what he meant by that when he was

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<v Speaker 1>sitting around for a hundred and eighty seven minutes while

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<v Speaker 1>police officers were brutalized, right while after six people end

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<v Speaker 1>up dead, and does nothing right? Does nothing? We know

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<v Speaker 1>that his spawn, Ivanka Trump was asked right because apparently

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<v Speaker 1>the one six Committee, the one six Commission in the

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<v Speaker 1>House is still in the vein of like playing nice

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<v Speaker 1>and asking right for information as opposed to recognizing again

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<v Speaker 1>who these people are and treating them like the criminals

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<v Speaker 1>we know them to be. So Ivanka Trump is going

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<v Speaker 1>to do what she's been taught her whole life. Sidestep

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<v Speaker 1>the law. Play just really close to the margins and

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<v Speaker 1>if you go over, well, you're a Trump and it'll

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<v Speaker 1>be covered up. Anyway, When I say that the walls

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<v Speaker 1>are closing in I hope to God that they are.

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<v Speaker 1>But what I will add is that this Department of Justice,

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<v Speaker 1>I don't give a fuck about what press conferences Merritt

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<v Speaker 1>Garland wants to hold. He the man has no spine,

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<v Speaker 1>he has no teeth. Tell me why with the walking in,

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<v Speaker 1>with the Mulla report, just sitting on your desk, right,

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<v Speaker 1>and the ability to go after the ten ways in

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<v Speaker 1>which he laid out that this administration obstructed justice. How

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<v Speaker 1>there is no parallel fucking case being brought by the

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<v Speaker 1>Department of Justice which actually can enforce subpoenas that if

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<v Speaker 1>you don't show up right, you are thrown in jail.

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<v Speaker 1>I mean, if you are a fan of law and order,

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<v Speaker 1>and again that's the only place that I get my

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<v Speaker 1>legal degree from, then you always see like sell bench

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<v Speaker 1>warrants here and people being thrown in jail. But as

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<v Speaker 1>we see, if you are wealthy, if you are white,

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<v Speaker 1>if you are male and well connected, then you are

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<v Speaker 1>in fact above the law all of the things right

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<v Speaker 1>that the Democratic Party has been saying, and the Commission

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<v Speaker 1>has said, and you've heard from other people, and we

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<v Speaker 1>heard Merritt Garland a couple of weeks ago. Nobody is

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<v Speaker 1>above the law. Well, then prove it, prove that nobody

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<v Speaker 1>is above the law with a mountain of evidence that

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<v Speaker 1>you have in front of you, knowing that the administration

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<v Speaker 1>was crooked, knowing that Donald Trump is a fraud and

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<v Speaker 1>a thief and a grifter, knowing all of those things

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<v Speaker 1>to be true. Again, where is the case? Right? And

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<v Speaker 1>Glenn for the first time will also say that his

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<v Speaker 1>feelings about the Department of Justice and giving them more

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<v Speaker 1>and more time more in or our room is starting

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<v Speaker 1>to frustrate him. And these are colleagues and friends. So

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<v Speaker 1>you think to yourself, if folks like us who are

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<v Speaker 1>engaged on a day to day basis and actually have

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<v Speaker 1>some skin in the game here because politics is our

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<v Speaker 1>work and want to uphold democracy and do our part

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<v Speaker 1>to do so, and we are feeling spent, We are

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<v Speaker 1>feeling like we are over right the administration over the

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<v Speaker 1>Department of Justice. How do you think that regular Americans

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<v Speaker 1>are feeling? Right? You know, I asked at the end

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<v Speaker 1>of last week on social media, and I've asked all

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<v Speaker 1>of you here what is the grade that you would

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<v Speaker 1>give to the Biden administration? And I include the Department

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<v Speaker 1>of Justice in there, right, because Biden appointed Merrick Garland.

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<v Speaker 1>I initially thought that it was as a big fu

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<v Speaker 1>to Mitch McConnell and the Republicans, like Meerka is going

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<v Speaker 1>to get in here somewhere, right, and we knew that

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<v Speaker 1>the confirmation would go relatively smooth. But then now I

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<v Speaker 1>look around and I'm just like, you could have chosen anybody,

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<v Speaker 1>anybody with some force, with some grit, to be your

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<v Speaker 1>age to show that you would go after the former

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<v Speaker 1>president because we need to close every single loophole that

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<v Speaker 1>Trump was able to worm his way through to protect

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<v Speaker 1>our democracy. This isn't a partisan attack. This is that wow,

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<v Speaker 1>you really essentially, I didn't know until Donald Trump's refusal

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<v Speaker 1>to show his taxes that that wasn't part of the law.

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<v Speaker 1>That was just a political norm that every single president

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<v Speaker 1>all forty four before him abided by Donald Trump is

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<v Speaker 1>just like, well, if it's not the law, and even

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<v Speaker 1>if it is, I'm going to get my fucking you know,

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<v Speaker 1>crackerjack box of lawyers to slow walk this so that

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<v Speaker 1>I don't ever have to show over my papers. Well,

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<v Speaker 1>the only people that do that are criminals. But we

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<v Speaker 1>allowed that to slide. That was one of the first

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<v Speaker 1>initial political norms that we allowed Donald Trump to disrupt

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<v Speaker 1>and that was before he was president of the United States.

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<v Speaker 1>Every other candidate for the Republican Party had shown their taxes,

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<v Speaker 1>but Donald Trump. So again, what does that say about

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<v Speaker 1>our ability to just continue to sweep things under the

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<v Speaker 1>rug and then turn around and realize that we have

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<v Speaker 1>Mount Everest in front of us, and now the Department

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<v Speaker 1>of Justice is just like oooh, the climb team seems

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<v Speaker 1>too steep, seems like too much work to even get

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<v Speaker 1>to base camp. So we might as well just not bother.

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<v Speaker 1>We'll just go after the low level folks at the bottom,

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<v Speaker 1>and then that should satisfied the masses. Well, guess what

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<v Speaker 1>it fucking does not. We are not satisfied by the

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<v Speaker 1>three years over here for insurrectionists, or a couple of

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<v Speaker 1>months over there, or just a slap on the wrist,

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<v Speaker 1>and oh, I hope you don't do this again as

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<v Speaker 1>they're building up their arsenals. Folks, we have nine months

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<v Speaker 1>roughly right give or take until midterm elections. And again,

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<v Speaker 1>if you look at what people are saying about the

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<v Speaker 1>Biden administration, even Woke aff Nation, if we were to

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<v Speaker 1>take the average of the grades that people are throwing

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<v Speaker 1>out this administration would get what I offered on Woke

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<v Speaker 1>Wednesday and on here, which is a D plus. A

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<v Speaker 1>D plus C minus is what folks are saying. So

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<v Speaker 1>if that is really how the American people feel, right

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<v Speaker 1>and these are progressives folks like you and I, If

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<v Speaker 1>they're saying D plus C minus, then what about those

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<v Speaker 1>people who are not engaged on a day to day basis?

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<v Speaker 1>What do you think they think about this administration? So

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<v Speaker 1>how does that look as we head into midterm elections

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<v Speaker 1>when Democrats literally have nothing to run on. I mean,

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<v Speaker 1>you listen to you listened last week to you know,

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<v Speaker 1>Principal Deputy White House Press Secretary Karine Jean Pierre. You

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<v Speaker 1>listen to her offer what she believes are some of

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<v Speaker 1>the high points of the administration. And I said to her,

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<v Speaker 1>but the American public, their memories are real short. So

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<v Speaker 1>if you're talking about a COVID relief package that you

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<v Speaker 1>were able to push through in January twenty twenty one,

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<v Speaker 1>you think anybody is remembering that come November of twenty

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<v Speaker 1>twenty two, Probably not, because America is always looking at

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<v Speaker 1>what have you done for me lately? And we know

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<v Speaker 1>that the game is always stacked against the party of

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<v Speaker 1>the sitting president. So they're not doing themselves any favors

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<v Speaker 1>right now, and this is the problem that we are facing.

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<v Speaker 1>And so coming up next, Glenn will walk us through

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<v Speaker 1>the difference in these two major cases that are coming

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<v Speaker 1>down and what the timeline he believes that we are

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<v Speaker 1>going to be working with over the course of the

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<v Speaker 1>next several months, God forbid the next couple of years,

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<v Speaker 1>which I believe that we actually do not have. We

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<v Speaker 1>are running out of time because as soon as Republicans

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<v Speaker 1>sweep in the midterm elections, all of this commission work,

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<v Speaker 1>all of this digging is going to grind to a halt,

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<v Speaker 1>and we are going to see frivolous hearing after frivolous

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<v Speaker 1>hearing at seven pm Eastern every single day to make

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<v Speaker 1>Joe Biden and the Biden administration look as crooked as

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<v Speaker 1>the Trump organization actually is. So folks, that conversation is

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<v Speaker 1>coming up next. Folks. You know that I am always

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<v Speaker 1>so grateful when we have our friend MSNBC legal analyst

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<v Speaker 1>and the host of Justice Matters, Glenn Kirshner, join us

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<v Speaker 1>to talk our way through the mess that is going

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<v Speaker 1>on in Trump's world. The other day, Hailey Jackson put

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<v Speaker 1>up a slide that had to be in such small

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<v Speaker 1>font on MSNBC of all of the infractions because there

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<v Speaker 1>are so many, tell us what's happening in Georgia, because

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<v Speaker 1>you offered reading of the tea leaves last week to

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<v Speaker 1>tell us what was what was going to be coming up.

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<v Speaker 1>Now we have an order for a special grand jury.

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<v Speaker 1>What does that mean? Daniellis is a mess and we're

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<v Speaker 1>all in this mess together, you know, Georgia. I think

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<v Speaker 1>it's a good news story, only one of a few

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<v Speaker 1>good news stories in the last week or two. But so,

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<v Speaker 1>Fulton County District Attorney Fannie Willis has been investigating this

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<v Speaker 1>case for some time. Presumably she's been investigating it with

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<v Speaker 1>a regular grand jury in Georgia. The quirk about Georgia

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<v Speaker 1>grand jury practices the regular grand jury doesn't have the

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<v Speaker 1>subpoena power, so apparently, and I see parallels between how

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<v Speaker 1>the House Select Committee has been conducting its investigation and

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<v Speaker 1>what we're now learning in Georgia, and I'll talk about

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<v Speaker 1>those in a minute. But she has applied to the

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<v Speaker 1>Chief Judge of the Fulton County Superior Court asking that

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<v Speaker 1>a special grand jury being paneled so she can issue

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<v Speaker 1>enforceable subpoenas. Why because not everybody has been cooperating voluntarily

0:14:49.680 --> 0:14:53.600
<v Speaker 1>with her investigation. Doesn't that sound a lot like what's

0:14:53.600 --> 0:14:57.520
<v Speaker 1>going on in Washington? The House Select Committee has interviewed,

0:14:57.680 --> 0:15:01.080
<v Speaker 1>has taken testimony from, and received evidence from more than

0:15:01.160 --> 0:15:05.880
<v Speaker 1>four hundred witnesses. Those are the people who are voluntarily cooperating.

0:15:06.120 --> 0:15:08.920
<v Speaker 1>Then there are a handful of people who won't. Those

0:15:08.960 --> 0:15:11.400
<v Speaker 1>are the members of the cover up Caucus, right. That's

0:15:11.480 --> 0:15:16.960
<v Speaker 1>Jim Jordan, oct Perry and Mark Meadows and Steve Bannon,

0:15:17.040 --> 0:15:19.960
<v Speaker 1>and hopefully we'll talk about Ivanka in a few minutes

0:15:19.960 --> 0:15:21.560
<v Speaker 1>and whether she's going to want to join the cover

0:15:21.640 --> 0:15:24.600
<v Speaker 1>up Caucus. So, just as lots of people have been

0:15:24.640 --> 0:15:28.320
<v Speaker 1>cooperating with the House Select Committee investigation, but some have not,

0:15:28.680 --> 0:15:31.640
<v Speaker 1>I think Fannie Willis is experiencing the same thing in Georgia,

0:15:31.800 --> 0:15:34.600
<v Speaker 1>which is why she finally said, now I need a

0:15:34.640 --> 0:15:37.360
<v Speaker 1>special grand jury so I can start banging out people

0:15:37.400 --> 0:15:42.960
<v Speaker 1>with subpoenas and forcing them to testify. So it's a

0:15:43.000 --> 0:15:46.600
<v Speaker 1>good step forward, and I am hoping that Fannie Willis

0:15:46.760 --> 0:15:50.520
<v Speaker 1>is closer to an indictment than she is being on

0:15:50.600 --> 0:15:53.720
<v Speaker 1>the front end of her investigation because we all heard

0:15:54.040 --> 0:15:58.040
<v Speaker 1>the criminal phone call that Donald Trump made. Just give

0:15:58.120 --> 0:16:01.120
<v Speaker 1>me one more vote them I need to win and

0:16:01.480 --> 0:16:04.440
<v Speaker 1>corruptly declare me the winner of the Georgia state election.

0:16:04.840 --> 0:16:07.240
<v Speaker 1>So the Georgia story is a good news story and

0:16:07.280 --> 0:16:11.800
<v Speaker 1>a good development this week. So let's you know, because thankful,

0:16:12.040 --> 0:16:15.840
<v Speaker 1>thanks to you, the listeners of woke f have their

0:16:16.520 --> 0:16:20.440
<v Speaker 1>uh you know, minors in law right in Trump law,

0:16:20.480 --> 0:16:23.840
<v Speaker 1>in Trump indictments. What is the difference? Like, what what

0:16:24.440 --> 0:16:27.400
<v Speaker 1>is it that we are looking for and hearing the

0:16:27.480 --> 0:16:32.040
<v Speaker 1>rumblings about with Tish James ag in New York where

0:16:32.040 --> 0:16:35.800
<v Speaker 1>I am, and what it is that a G. Willis

0:16:35.960 --> 0:16:37.880
<v Speaker 1>is looking for? So you just brought up the fact

0:16:37.920 --> 0:16:41.480
<v Speaker 1>that we're going back to the give me another vote, right,

0:16:41.520 --> 0:16:44.880
<v Speaker 1>which sounds a lot like Zelensky do me a favor though,

0:16:45.040 --> 0:16:47.840
<v Speaker 1>which sounds a lot like how Trump has operated for

0:16:47.960 --> 0:16:52.280
<v Speaker 1>his entire life. So what are these two parallel tracks

0:16:52.320 --> 0:16:54.800
<v Speaker 1>that are being run? And I and I will would

0:16:54.840 --> 0:16:57.400
<v Speaker 1>be remiss if I did not recognize that it is

0:16:57.480 --> 0:17:00.280
<v Speaker 1>black women that are leading the charge in these two

0:17:00.320 --> 0:17:05.560
<v Speaker 1>different states to get justice right for Georgia and for

0:17:05.760 --> 0:17:07.919
<v Speaker 1>New York in the ways in which Donald Trump and

0:17:07.960 --> 0:17:12.000
<v Speaker 1>his criminal enterprises have been able to maneuver around these places.

0:17:12.000 --> 0:17:14.280
<v Speaker 1>What's the difference between what is happening in New York

0:17:14.320 --> 0:17:17.760
<v Speaker 1>what is happening in Georgia? And do you think Donald

0:17:17.760 --> 0:17:21.560
<v Speaker 1>Trump right now is getting more and more nervous He

0:17:21.640 --> 0:17:25.280
<v Speaker 1>should be because the investigative circle is tightening around him.

0:17:25.440 --> 0:17:28.920
<v Speaker 1>That is indisputable. That's a matter of fact, I would contend.

0:17:29.000 --> 0:17:31.880
<v Speaker 1>So to your question, what's going on in New York.

0:17:32.240 --> 0:17:36.520
<v Speaker 1>Tis James Attorney General's Office is a civil investigation into

0:17:36.600 --> 0:17:41.879
<v Speaker 1>potential fraud by the Trump organization, including by Donald Trump, Ivanka,

0:17:42.320 --> 0:17:47.040
<v Speaker 1>Eric and Don Junior. And we somewhat deliciously saw in

0:17:47.119 --> 0:17:51.320
<v Speaker 1>a court filing, which was appropriate because the Trumps are

0:17:51.720 --> 0:17:55.439
<v Speaker 1>fighting in court the subpoenas that they've been served with

0:17:55.920 --> 0:18:00.679
<v Speaker 1>to testify in that fraud investigation civil investor stigation. So

0:18:00.920 --> 0:18:04.920
<v Speaker 1>nobody will ever go to jail in connection with Tiss

0:18:05.080 --> 0:18:09.320
<v Speaker 1>James investigation. That's civil fraud. She could sue, she could

0:18:09.359 --> 0:18:12.000
<v Speaker 1>recover damages on behalf of the state of New York,

0:18:12.040 --> 0:18:15.480
<v Speaker 1>and she could shut down the Trump organization, but that's civil,

0:18:15.560 --> 0:18:21.120
<v Speaker 1>not criminal. So she disclosed in that litigation that well,

0:18:21.160 --> 0:18:24.840
<v Speaker 1>when Eric Trump fought the subpoena that she served on him,

0:18:25.160 --> 0:18:29.080
<v Speaker 1>lost that fight and was forced to sit for a deposition.

0:18:29.760 --> 0:18:32.679
<v Speaker 1>He invoked this Fifth Amendment right against self incrimination more

0:18:32.760 --> 0:18:36.439
<v Speaker 1>than five hundred times. Now, let's set aside the yeah,

0:18:36.440 --> 0:18:38.840
<v Speaker 1>more than five hundred times, that's in the court filing.

0:18:39.160 --> 0:18:43.600
<v Speaker 1>Let's set aside the comedic value of Donald Trump saying, now,

0:18:43.640 --> 0:18:48.240
<v Speaker 1>apparently this applies to his son. Only mobsters plead the Fifth.

0:18:48.680 --> 0:18:51.600
<v Speaker 1>The really important thing for us to remember is when

0:18:51.640 --> 0:18:54.920
<v Speaker 1>you invoke the Fifth you have an absolute constitutional right

0:18:55.000 --> 0:18:58.080
<v Speaker 1>under the Fifth Amendment against self incrimination. And I will

0:18:58.119 --> 0:19:00.399
<v Speaker 1>fight for your right to do that, regard hardless of

0:19:00.440 --> 0:19:04.080
<v Speaker 1>how cruddy you are. But when you do it in

0:19:04.119 --> 0:19:06.600
<v Speaker 1>a criminal case, it can't be held against you. In

0:19:06.640 --> 0:19:09.320
<v Speaker 1>a civil case it can. So when and if this

0:19:09.400 --> 0:19:13.960
<v Speaker 1>case goes to trial, when I predict when, not If

0:19:14.320 --> 0:19:17.480
<v Speaker 1>Tish James drops a big old civil suit on Donald

0:19:17.480 --> 0:19:20.400
<v Speaker 1>Trump and his organization, they will be able to take

0:19:20.440 --> 0:19:24.920
<v Speaker 1>those five hundred invocations of the Fifth Amendment by Eric,

0:19:25.359 --> 0:19:27.199
<v Speaker 1>and they will be able to present it to the

0:19:27.280 --> 0:19:31.040
<v Speaker 1>civil grand jury. And the civil law is such that

0:19:31.080 --> 0:19:35.240
<v Speaker 1>the judge will instruct the civil jury. You can take

0:19:35.480 --> 0:19:40.080
<v Speaker 1>Eric's invocation of his fifth amend privilege against self incrimination

0:19:40.640 --> 0:19:44.360
<v Speaker 1>into account in the evidence. You can draw adverse inferences

0:19:44.440 --> 0:19:47.080
<v Speaker 1>against him based on it, and you can use it

0:19:47.160 --> 0:19:50.680
<v Speaker 1>as a basis as part of your verdict and your

0:19:50.760 --> 0:19:54.760
<v Speaker 1>judgment against Eric and perhaps by extension, the Trump organization,

0:19:54.800 --> 0:19:58.040
<v Speaker 1>depending on how the case is handled. So that is

0:19:58.080 --> 0:20:02.439
<v Speaker 1>what Tish James is doing ugly consequential, but it's civil

0:20:02.520 --> 0:20:05.480
<v Speaker 1>not criminal. What Fannie Willis is doing is even more

0:20:05.520 --> 0:20:09.000
<v Speaker 1>consequential because it's criminal and people could go to prison.

0:20:10.080 --> 0:20:14.159
<v Speaker 1>So let's talk for a moment, because what Tish James

0:20:14.240 --> 0:20:18.400
<v Speaker 1>is doing sounds a lot like how we were able

0:20:18.440 --> 0:20:22.280
<v Speaker 1>to shut down Trump University, right and Trump Foundation. This

0:20:22.359 --> 0:20:26.240
<v Speaker 1>is a similar situation in which they were able to

0:20:26.320 --> 0:20:29.639
<v Speaker 1>uncover the fact that the Trump Foundation and the university

0:20:29.680 --> 0:20:33.639
<v Speaker 1>were basically swindling people, right, Like, they were basically swindling

0:20:33.680 --> 0:20:37.520
<v Speaker 1>folks using the university and the foundation as some type

0:20:37.520 --> 0:20:40.240
<v Speaker 1>of front right to be able to funnel in money.

0:20:40.280 --> 0:20:45.040
<v Speaker 1>So that was shut down. Was there a fine associated

0:20:45.080 --> 0:20:48.080
<v Speaker 1>with that, like did they have to pay back the

0:20:48.240 --> 0:20:51.760
<v Speaker 1>people who they swindled out of their money or was

0:20:51.840 --> 0:20:55.520
<v Speaker 1>it the big aha with Trump? You know, was just

0:20:55.840 --> 0:20:58.960
<v Speaker 1>shutting it down. So I asked that because I'm like

0:20:59.080 --> 0:21:02.359
<v Speaker 1>with if it's the same road that we're walking down

0:21:02.600 --> 0:21:07.080
<v Speaker 1>in New York with the Trump organization is the biggest

0:21:07.119 --> 0:21:09.560
<v Speaker 1>issue just being shut down, but they can pop up

0:21:09.560 --> 0:21:12.280
<v Speaker 1>with another name in another place, or are they going

0:21:12.320 --> 0:21:17.800
<v Speaker 1>to have to owe back back fees, back taxes, back

0:21:18.119 --> 0:21:22.000
<v Speaker 1>whatever financial gains that they had, they'll have to give

0:21:22.000 --> 0:21:25.160
<v Speaker 1>it back. So I don't know the answer with respect

0:21:25.160 --> 0:21:29.199
<v Speaker 1>of the Trump University case, how that ended up and

0:21:29.359 --> 0:21:33.600
<v Speaker 1>what happened beyond Trump University being shut down put out

0:21:33.600 --> 0:21:35.240
<v Speaker 1>a business, And I don't want to guess. What I

0:21:35.280 --> 0:21:38.800
<v Speaker 1>will say is ordinarily in those kind of civil suits,

0:21:38.800 --> 0:21:41.240
<v Speaker 1>it's all about the damages. So you have to pay

0:21:41.320 --> 0:21:46.200
<v Speaker 1>back to the victims whatever fraudulent money you took from them.

0:21:46.400 --> 0:21:48.719
<v Speaker 1>You may have to pay fines and penalties, There may

0:21:48.720 --> 0:21:51.719
<v Speaker 1>be back taxes, there may be court costs, There may

0:21:51.760 --> 0:21:56.240
<v Speaker 1>be any number of financial implications as a result of

0:21:56.240 --> 0:21:59.280
<v Speaker 1>those kind of kind of cases. So yes, I assume

0:21:59.320 --> 0:22:03.040
<v Speaker 1>that will be part and parcel of whatever civil suit

0:22:03.240 --> 0:22:06.439
<v Speaker 1>Tiss James ends upbringing. But remember she hasn't filed the

0:22:06.480 --> 0:22:10.440
<v Speaker 1>civil suit yet against the Trump organization. She's investigating it.

0:22:10.720 --> 0:22:13.600
<v Speaker 1>That's why she's issued Penis to Eric that one is

0:22:13.600 --> 0:22:17.800
<v Speaker 1>behind us now, to Trump, to Ivanka, to Don Junior.

0:22:18.119 --> 0:22:21.160
<v Speaker 1>And that signals to me that she's at the very

0:22:21.320 --> 0:22:24.359
<v Speaker 1>end of her civil investigation, because you don't go at

0:22:24.400 --> 0:22:27.240
<v Speaker 1>the targets until the very end, when you have all

0:22:27.320 --> 0:22:31.040
<v Speaker 1>of the other evidence you can confront them with when

0:22:31.080 --> 0:22:34.159
<v Speaker 1>they are compelled to sit for a deposition. And it

0:22:34.320 --> 0:22:37.360
<v Speaker 1>is at that point she'll probably drop a big old

0:22:37.640 --> 0:22:41.760
<v Speaker 1>fraud lawsuit on Trump and his organization. What is the

0:22:41.880 --> 0:22:48.320
<v Speaker 1>likelihood that the fraud right would turn into the fraud

0:22:48.359 --> 0:22:53.640
<v Speaker 1>in New York could possibly turn into also a criminal investigation,

0:22:53.720 --> 0:22:59.399
<v Speaker 1>like isn't fraud and committing it like an actual crime? Yes?

0:22:59.520 --> 0:23:02.440
<v Speaker 1>So let's and let's remember the Manhattan District Attorney who

0:23:02.520 --> 0:23:05.600
<v Speaker 1>was Sivance and it's now Alvin Bragg who has taken over,

0:23:06.600 --> 0:23:08.640
<v Speaker 1>and I suspect he's going to do even better work

0:23:08.640 --> 0:23:13.360
<v Speaker 1>than Sivance. I was not all that impressed with Sivance's tenure,

0:23:13.440 --> 0:23:15.640
<v Speaker 1>given some of what we learned about how he dealt

0:23:15.680 --> 0:23:19.760
<v Speaker 1>with Trump and the organization. But there already is a

0:23:19.800 --> 0:23:24.199
<v Speaker 1>criminal prosecution going hunt of the Trump organization. Alan Weislberg,

0:23:24.240 --> 0:23:27.200
<v Speaker 1>the chief financial officer, and I suspect there are more

0:23:27.320 --> 0:23:30.119
<v Speaker 1>indictments to drop in that case. And remember there is

0:23:30.160 --> 0:23:34.359
<v Speaker 1>a piece of the investigation involving the civil fraud that

0:23:34.600 --> 0:23:40.120
<v Speaker 1>is partnered up with the Manhattan DA's criminal probe, which

0:23:40.160 --> 0:23:42.479
<v Speaker 1>is a blessing and a curse. It's good because you know,

0:23:42.600 --> 0:23:46.280
<v Speaker 1>two organizations are better than one when you're attacking large

0:23:46.359 --> 0:23:51.080
<v Speaker 1>institutional organizational crime and fraud. But it does give Trump

0:23:51.119 --> 0:23:53.960
<v Speaker 1>a little bit of a challenge to make against the

0:23:54.000 --> 0:23:56.800
<v Speaker 1>civil subpoenas, saying, wait a minute, this is just a

0:23:56.920 --> 0:23:59.640
<v Speaker 1>ruse to try to get me under oath and then

0:23:59.760 --> 0:24:03.119
<v Speaker 1>use it against me in the criminal prosecution. Because the

0:24:03.160 --> 0:24:07.840
<v Speaker 1>AG's office is even working with the Manhattan DA's office

0:24:07.960 --> 0:24:11.440
<v Speaker 1>in that way. That's a that's an allegation that will

0:24:11.520 --> 0:24:14.679
<v Speaker 1>ultimately be rejected. And I predict these subpoenas will be

0:24:14.800 --> 0:24:18.160
<v Speaker 1>enforced and Don and Don Junior, Ivanka and Trump will

0:24:18.200 --> 0:24:21.080
<v Speaker 1>have to sit for these depositions. What I also predict

0:24:21.640 --> 0:24:23.520
<v Speaker 1>is they will all invoke the fifth and him at

0:24:23.600 --> 0:24:28.399
<v Speaker 1>right against self incrimination, just like Eric did. This is

0:24:28.440 --> 0:24:32.520
<v Speaker 1>just wild to me. So going back to Georgia, now

0:24:33.520 --> 0:24:38.119
<v Speaker 1>m willis asked for a special grand jury. What is

0:24:38.160 --> 0:24:43.960
<v Speaker 1>the timeline of the ask the approval, then we go

0:24:44.080 --> 0:24:47.040
<v Speaker 1>through the process I'm assuming of putting together a grand jury,

0:24:47.040 --> 0:24:49.720
<v Speaker 1>So just quickly walk us through that, and then we'll

0:24:49.760 --> 0:24:52.960
<v Speaker 1>transition to the one six commission. But I you know,

0:24:53.000 --> 0:24:58.120
<v Speaker 1>it's always grand jury, special grand jury. What are these people? Well?

0:24:58.119 --> 0:25:00.440
<v Speaker 1>Who are these people? How do we go about them?

0:25:00.760 --> 0:25:03.320
<v Speaker 1>And how long that processes? Is it six weeks up

0:25:03.320 --> 0:25:06.159
<v Speaker 1>they're sitting? Is it twelve? And remember we had a

0:25:06.200 --> 0:25:08.639
<v Speaker 1>special grand jury impaneled in New York the district at

0:25:08.680 --> 0:25:11.280
<v Speaker 1>twenty two, But that was because the grand juries in

0:25:11.320 --> 0:25:13.600
<v Speaker 1>New York only sit for about four weeks and they

0:25:13.640 --> 0:25:17.240
<v Speaker 1>needed consistency, so they asked for a six month long

0:25:17.359 --> 0:25:20.600
<v Speaker 1>special grand jury. That was more about timing than it

0:25:20.680 --> 0:25:23.600
<v Speaker 1>was about the authority that that grand jury has to

0:25:23.640 --> 0:25:26.320
<v Speaker 1>issue subpoenas or cott issue subpoenis so down in Georgia,

0:25:26.320 --> 0:25:28.080
<v Speaker 1>I don't pretend to know the ins and outs of

0:25:28.359 --> 0:25:31.760
<v Speaker 1>Georgia grand jury procedure, because all fifty states have their

0:25:31.800 --> 0:25:35.280
<v Speaker 1>own procedures when it comes to grand juries. I could

0:25:35.320 --> 0:25:38.560
<v Speaker 1>tell you generally how it happens. If you apply to

0:25:38.600 --> 0:25:41.080
<v Speaker 1>the chief judge to impanel a special grand jury, the

0:25:41.119 --> 0:25:44.680
<v Speaker 1>chief Judge will act on that very quickly. I mean

0:25:44.720 --> 0:25:47.680
<v Speaker 1>it literally could be within a day or a week,

0:25:47.760 --> 0:25:51.399
<v Speaker 1>because there's no legal debate or litigation that has to

0:25:51.440 --> 0:25:55.040
<v Speaker 1>go on. It is a one sided request, what we

0:25:55.040 --> 0:25:58.680
<v Speaker 1>would call an ex parte request by the prosecutor saying

0:25:59.000 --> 0:26:03.920
<v Speaker 1>I need this, and here's why witnesses are not voluntarily cooperating,

0:26:04.119 --> 0:26:07.760
<v Speaker 1>and I need to compel their testimony with grand jury subpoenis.

0:26:07.800 --> 0:26:12.600
<v Speaker 1>So I predict the judgual act and very likely grant

0:26:13.000 --> 0:26:15.640
<v Speaker 1>the request to impanel this grand jury. Then they will

0:26:15.680 --> 0:26:19.040
<v Speaker 1>send out jury notices. That's a process that can take

0:26:19.760 --> 0:26:22.960
<v Speaker 1>a few weeks before they can get Now, they probably

0:26:23.000 --> 0:26:26.520
<v Speaker 1>have standing grand jury notices that have already been sent

0:26:26.600 --> 0:26:30.480
<v Speaker 1>out for other cases, for trials, or for other grand

0:26:30.520 --> 0:26:34.240
<v Speaker 1>jury matters, So all of this can be done pretty quickly.

0:26:34.560 --> 0:26:37.440
<v Speaker 1>I would say within thirty days or maybe less, you'll

0:26:37.440 --> 0:26:41.360
<v Speaker 1>have that grand jury sitting taking testimony. Then the question

0:26:41.400 --> 0:26:45.400
<v Speaker 1>becomes how long does the grand jury investigation take? That

0:26:45.560 --> 0:26:52.840
<v Speaker 1>depends on how many witnesses have refused to voluntarily take

0:26:52.960 --> 0:26:56.679
<v Speaker 1>part in Fannie Willis's investigation. If it's only I mean,

0:26:56.720 --> 0:26:58.560
<v Speaker 1>think about let's go back to the parallel, the one

0:26:58.600 --> 0:27:00.320
<v Speaker 1>sixth committee. I know we're going there in a minute,

0:27:00.480 --> 0:27:03.800
<v Speaker 1>four hundred witnesses have cooperated, half a dozen have thumbed

0:27:03.800 --> 0:27:07.560
<v Speaker 1>their noses at congressional subpoenas, the Meadows, the Jordan's, the Perrys.

0:27:07.960 --> 0:27:12.480
<v Speaker 1>So if there is a parallel between how few witnesses

0:27:12.480 --> 0:27:16.000
<v Speaker 1>in Georgia have told Fannie Willis, take a flying leap,

0:27:16.000 --> 0:27:18.920
<v Speaker 1>I'm not coming in, then they can actually move through

0:27:18.960 --> 0:27:24.640
<v Speaker 1>that pretty quickly. Okay, if I'm Donald Trump, If you're

0:27:24.720 --> 0:27:28.800
<v Speaker 1>Donald Trump right now, right, this announcement comes out midweek

0:27:29.880 --> 0:27:32.600
<v Speaker 1>on top of tissue James saying, there's a lot of

0:27:32.600 --> 0:27:38.200
<v Speaker 1>evidence we're going to move into Ivanka Trump now being asked,

0:27:38.320 --> 0:27:42.600
<v Speaker 1>not subpoenaed by the one six Commission, but asked to

0:27:43.040 --> 0:27:46.679
<v Speaker 1>come in for questioning. How nervous am I? On a

0:27:46.720 --> 0:27:49.440
<v Speaker 1>scale of one to ten if I'm Trump, Trump's lawyers

0:27:49.480 --> 0:27:53.080
<v Speaker 1>and circle, if you're paying attention to what's going on,

0:27:53.520 --> 0:27:58.080
<v Speaker 1>you're getting more nervous by the day. This investigative circle

0:27:58.200 --> 0:28:02.560
<v Speaker 1>is tightening. You know now what Ivanka will end up

0:28:02.600 --> 0:28:07.600
<v Speaker 1>doing in response to this request for voluntary cooperation. I

0:28:07.720 --> 0:28:12.880
<v Speaker 1>suspect she'll decline and then she'll be subpoenaed. The important

0:28:12.920 --> 0:28:15.960
<v Speaker 1>thing for people to remember is there's no daddy daughter

0:28:16.119 --> 0:28:21.520
<v Speaker 1>legal privilege. Right, sure, there's an executive privilege, doctor patient privilege,

0:28:21.560 --> 0:28:26.840
<v Speaker 1>attorney client privilege, priest parishioner privilege, there's a spousal privilege.

0:28:27.160 --> 0:28:31.760
<v Speaker 1>There's no daddy daughter privilege. So she can be compelled

0:28:31.800 --> 0:28:35.760
<v Speaker 1>to testify. The question becomes, what will she do when

0:28:35.800 --> 0:28:41.000
<v Speaker 1>push comes to shove. She undoubtedly has information relevant to

0:28:41.080 --> 0:28:45.640
<v Speaker 1>the one six Committees investigation. I suspect, I strongly suspect

0:28:45.920 --> 0:28:48.960
<v Speaker 1>she has information that is incriminating of her father. Why

0:28:49.520 --> 0:28:51.960
<v Speaker 1>because we know she was part of the inner circle

0:28:52.600 --> 0:28:55.360
<v Speaker 1>during the capital attack. There are reports that she was

0:28:55.440 --> 0:28:58.800
<v Speaker 1>in the room talking with him, listening to what he

0:28:58.880 --> 0:29:01.760
<v Speaker 1>had to say. When we investigate crime and we need

0:29:01.840 --> 0:29:05.280
<v Speaker 1>to prove criminal offenses, there are two things that we

0:29:05.360 --> 0:29:09.280
<v Speaker 1>have to prove. A criminal act and corrupt intent. Criminal

0:29:09.320 --> 0:29:13.520
<v Speaker 1>intent guilty, men's ray a state of mind. Now, ordinarily

0:29:13.600 --> 0:29:17.080
<v Speaker 1>that's not hard to do. Why because we infer intent

0:29:17.360 --> 0:29:21.160
<v Speaker 1>from conduct. Donald Trump's conduct is criminal, we can infer

0:29:21.280 --> 0:29:24.200
<v Speaker 1>his intent was criminal. Give me three hours in front

0:29:24.240 --> 0:29:28.120
<v Speaker 1>of a grand a trial jury in DC, and I'm

0:29:28.160 --> 0:29:31.400
<v Speaker 1>pretty darn sure I could convince them of Donald Trump's crimes.

0:29:31.600 --> 0:29:35.120
<v Speaker 1>Hopefully we get there someday so, but what Ivanka can

0:29:35.160 --> 0:29:36.960
<v Speaker 1>provide is she can say I was in the room

0:29:37.360 --> 0:29:44.000
<v Speaker 1>while Daddy was watching TV watching officers be assaulted property

0:29:44.200 --> 0:29:49.240
<v Speaker 1>and his angry mob hunting for elected officials, and I said, Dad,

0:29:49.480 --> 0:29:51.720
<v Speaker 1>you've got to put a stop to this, and he said,

0:29:52.240 --> 0:29:57.000
<v Speaker 1>A B NC, A B and C is going to

0:29:57.040 --> 0:30:01.400
<v Speaker 1>be direct evidence of his intent, probably his criminal intent,

0:30:01.560 --> 0:30:04.160
<v Speaker 1>because we know he didn't call off the attack for

0:30:04.240 --> 0:30:08.280
<v Speaker 1>more than three hours after Mark Meadows said not. Mark

0:30:08.960 --> 0:30:10.920
<v Speaker 1>Kevin McCarthy said, I told him about it at the

0:30:11.000 --> 0:30:14.040
<v Speaker 1>very beginning, so he knew even if he wasn't watching

0:30:14.040 --> 0:30:17.560
<v Speaker 1>it on TV, which he was. So Ivanka has a

0:30:17.640 --> 0:30:20.360
<v Speaker 1>question to ask herself, Danielle, and I assume you and

0:30:20.400 --> 0:30:22.960
<v Speaker 1>I know what the answer will be. But the question

0:30:23.240 --> 0:30:26.400
<v Speaker 1>is do I want to be a patriot? Do I

0:30:26.440 --> 0:30:32.080
<v Speaker 1>want to provide relevant, accurate, truthful information to the House

0:30:32.120 --> 0:30:36.560
<v Speaker 1>Select Committee about what my father did on January sixth?

0:30:37.080 --> 0:30:39.720
<v Speaker 1>Or do I want to cover up his crimes? Do

0:30:39.760 --> 0:30:43.080
<v Speaker 1>I want to refuse to provide this information? Do I

0:30:43.120 --> 0:30:46.239
<v Speaker 1>want to become yet another member of the cover up

0:30:46.440 --> 0:30:49.920
<v Speaker 1>club together with Mark Meadows, Jim Jordan, Scott Perry, and

0:30:50.040 --> 0:30:53.360
<v Speaker 1>Steve Bannon. It's a small club. It's not a terribly

0:30:53.600 --> 0:30:56.959
<v Speaker 1>elite club. But you know, we have a term for

0:30:57.000 --> 0:31:00.600
<v Speaker 1>what these people have decided to do, which is hide

0:31:01.080 --> 0:31:04.880
<v Speaker 1>in criminating information about the conduct of another. It's called

0:31:04.880 --> 0:31:08.120
<v Speaker 1>a cover up. Have these people learned nothing of the

0:31:08.200 --> 0:31:11.040
<v Speaker 1>lessons of Watergate. If the crime don't get you, the

0:31:11.120 --> 0:31:13.560
<v Speaker 1>cover up will. And I want the Department of Justice

0:31:13.600 --> 0:31:16.600
<v Speaker 1>to go after Trump and his criminal associates for their

0:31:16.920 --> 0:31:20.520
<v Speaker 1>crimes against democracy. But I also want them to go

0:31:20.720 --> 0:31:25.400
<v Speaker 1>after everybody who covered up those crimes. You know, It's

0:31:25.400 --> 0:31:30.080
<v Speaker 1>so funny because I want to believe that people you know,

0:31:30.200 --> 0:31:32.160
<v Speaker 1>ultimately will do the right thing. I want to believe

0:31:32.160 --> 0:31:35.080
<v Speaker 1>that ultimately justice will prevail, because if I don't, you know,

0:31:35.120 --> 0:31:37.080
<v Speaker 1>then I don't know what I'm doing for a living.

0:31:37.440 --> 0:31:39.280
<v Speaker 1>But at the same time, I'm thinking to myself as

0:31:39.320 --> 0:31:43.520
<v Speaker 1>you're saying this, I'm like, well, patriotism doesn't provide diffidends, right,

0:31:43.560 --> 0:31:46.280
<v Speaker 1>it doesn't. It doesn't work, It doesn't give you a

0:31:46.360 --> 0:31:49.840
<v Speaker 1>return on investment. And these people are led by money,

0:31:49.920 --> 0:31:53.680
<v Speaker 1>they're led by greed, right, And so I think. And

0:31:54.040 --> 0:31:57.000
<v Speaker 1>the funny thing, and this is I just am cracking

0:31:57.120 --> 0:32:01.640
<v Speaker 1>up in my head, is that didn't Junior have to

0:32:01.680 --> 0:32:05.400
<v Speaker 1>call Mark Meadows in order to get in touch with

0:32:05.440 --> 0:32:07.840
<v Speaker 1>his father. And now we all know that Ivanka was

0:32:07.880 --> 0:32:09.960
<v Speaker 1>in the room. Why wouldn't you have just been able

0:32:10.000 --> 0:32:13.200
<v Speaker 1>to call your sister and say, put dad on I

0:32:13.320 --> 0:32:18.440
<v Speaker 1>just this family is so bizarre to me. Was your brother?

0:32:18.440 --> 0:32:23.680
<v Speaker 1>Would you take us? Wouldn't? I wouldn't either. You're right,

0:32:23.880 --> 0:32:28.680
<v Speaker 1>I'd ignore um. You know. So the question that I

0:32:28.760 --> 0:32:31.680
<v Speaker 1>have about the one six commission and and and not

0:32:31.840 --> 0:32:37.040
<v Speaker 1>subpoenaing Ivanka? Why are we still in this period? Glenn?

0:32:37.040 --> 0:32:42.280
<v Speaker 1>Do you think where the commission is still playing? Uh,

0:32:42.400 --> 0:32:46.320
<v Speaker 1>mister and missus nice guy like we how the half

0:32:46.320 --> 0:32:49.560
<v Speaker 1>a dozen people or the dozen plus people that have

0:32:49.680 --> 0:32:54.480
<v Speaker 1>refused their niceties right, are the ones that are integral

0:32:54.880 --> 0:33:01.040
<v Speaker 1>to this commission being successful in its investigation and uncovering

0:33:01.040 --> 0:33:04.640
<v Speaker 1>for the public. You know who knew what when? About

0:33:04.680 --> 0:33:07.680
<v Speaker 1>the attempt to overthrow the government? So why aren't we

0:33:07.720 --> 0:33:11.680
<v Speaker 1>subpoenaing of Anka Trump? And wasting time? I guess is

0:33:11.720 --> 0:33:14.640
<v Speaker 1>what I'm saying. I feel like time is being wasted

0:33:14.680 --> 0:33:17.160
<v Speaker 1>when these people keep showing us who they are, it

0:33:17.240 --> 0:33:20.000
<v Speaker 1>is being wasted. And here's my assumption, we don't know

0:33:20.080 --> 0:33:24.040
<v Speaker 1>why they're going this route. But usually when there are

0:33:24.080 --> 0:33:28.760
<v Speaker 1>coequal branches of government embroiled in disputes, if that dispute

0:33:29.240 --> 0:33:32.160
<v Speaker 1>is ever going to move into the courts to be litigated,

0:33:32.480 --> 0:33:36.920
<v Speaker 1>there is something called accommodation, and accommodation is actually one

0:33:36.960 --> 0:33:41.120
<v Speaker 1>of the factors that the courts will look at before

0:33:41.200 --> 0:33:46.160
<v Speaker 1>they decide a potentially political question on the merits. The

0:33:46.240 --> 0:33:50.640
<v Speaker 1>courts will ask in litigation, you know, where one coequal

0:33:50.640 --> 0:33:54.000
<v Speaker 1>branch of government is trying to get something or trying

0:33:54.040 --> 0:33:57.880
<v Speaker 1>not to provide something to the other, and the courts

0:33:57.920 --> 0:34:01.600
<v Speaker 1>will first say, did you try the ac amodation process,

0:34:01.640 --> 0:34:04.120
<v Speaker 1>because if you didn't, then maybe you didn't make a

0:34:04.160 --> 0:34:07.920
<v Speaker 1>good faith effort to get this short of upping the

0:34:08.080 --> 0:34:12.200
<v Speaker 1>legal ante. And so it's literally a factor in any

0:34:12.280 --> 0:34:16.959
<v Speaker 1>number of legal tests when potentially political questions move into court.

0:34:17.200 --> 0:34:20.879
<v Speaker 1>So it's kind of in the legislature's blood. It's part

0:34:20.880 --> 0:34:25.879
<v Speaker 1>of the na of Congress to try accommodation first. Now,

0:34:26.040 --> 0:34:28.719
<v Speaker 1>when the house is on fire, you don't, you know,

0:34:28.920 --> 0:34:32.160
<v Speaker 1>test the temperature of the water on your risk before

0:34:32.200 --> 0:34:35.279
<v Speaker 1>you try to put the dang fire out. So I'm

0:34:35.320 --> 0:34:39.640
<v Speaker 1>with you, righty, we're burning democracy daylight, let's go. But

0:34:39.760 --> 0:34:42.080
<v Speaker 1>I don't think, and especially the Dems, I don't think

0:34:42.080 --> 0:34:44.800
<v Speaker 1>they have it in them to go hard, to go fast,

0:34:44.920 --> 0:34:51.640
<v Speaker 1>and to depart from processes like accommodation. First. So, and

0:34:51.680 --> 0:34:54.080
<v Speaker 1>here's the other thing. When you talk about congressional subpoenas,

0:34:54.280 --> 0:34:57.080
<v Speaker 1>can we do a minute on how all subpoenas are

0:34:57.120 --> 0:35:01.080
<v Speaker 1>not created equal? Because this is becoming more important by

0:35:01.120 --> 0:35:06.280
<v Speaker 1>the day as we continue to see doj do nothing

0:35:06.800 --> 0:35:10.719
<v Speaker 1>at least overtly that that would make it seem they're

0:35:10.719 --> 0:35:15.759
<v Speaker 1>criminally investigating the command structure of the insurrection in the

0:35:15.880 --> 0:35:18.520
<v Speaker 1>grand jury, which is where they need to be. All

0:35:19.000 --> 0:35:22.560
<v Speaker 1>subpoenas are not created equal. So we have congressional subpoenas,

0:35:22.680 --> 0:35:27.000
<v Speaker 1>which we have all seen can be disregarded and defied

0:35:27.040 --> 0:35:31.200
<v Speaker 1>and locked and derided. Did you see Jenna Ellis's tweet?

0:35:31.239 --> 0:35:33.200
<v Speaker 1>I had to double check her timeline to make sure

0:35:33.400 --> 0:35:36.279
<v Speaker 1>it was really her. She said, yeah, the committee's just

0:35:36.360 --> 0:35:39.160
<v Speaker 1>angry because they can't date me. I'm not making that up.

0:35:39.280 --> 0:35:43.799
<v Speaker 1>Check her timeline. She's mocking and deriding congressional subpoenas. And

0:35:43.840 --> 0:35:48.680
<v Speaker 1>you know what congressional subpoenas are toothless? Why because Congress

0:35:48.680 --> 0:35:52.120
<v Speaker 1>has extracted its own teeth by refusing to use its

0:35:52.120 --> 0:35:58.200
<v Speaker 1>inherent power of contempt to compel obedience to subpoenas. They

0:35:58.239 --> 0:36:00.440
<v Speaker 1>could do it, they choose not to go back to

0:36:00.480 --> 0:36:05.280
<v Speaker 1>the timidity of congress. Right, so congressional subpoenas are largely toothless.

0:36:06.560 --> 0:36:10.200
<v Speaker 1>Let's talk about Tish James subpoenas in New York, right,

0:36:10.360 --> 0:36:15.120
<v Speaker 1>those are subpoenas in civil investigations. They're not toothless, but

0:36:15.560 --> 0:36:19.560
<v Speaker 1>they give rise to lengthy legal battles. They will never

0:36:19.600 --> 0:36:22.759
<v Speaker 1>be enforced in it, they will rarely be enforced in

0:36:22.800 --> 0:36:25.160
<v Speaker 1>a timely manner. And with the Trumps, you know they're

0:36:25.200 --> 0:36:29.520
<v Speaker 1>gonna file nefarious lawsuit after us try to run out

0:36:29.560 --> 0:36:32.400
<v Speaker 1>the clocks. So those are not the most efficient subpoenas.

0:36:32.440 --> 0:36:36.080
<v Speaker 1>Let's move down to Georgia, because grand juries in Georgia

0:36:36.080 --> 0:36:38.880
<v Speaker 1>don't even get the issue subpoenas unless you ask the

0:36:39.000 --> 0:36:42.440
<v Speaker 1>chief judge, may I please impaddle a special grand jury

0:36:42.600 --> 0:36:45.399
<v Speaker 1>so I can start using subpoenas. You have to ask

0:36:45.480 --> 0:36:49.239
<v Speaker 1>permission of the judge for that, So that has been

0:36:49.239 --> 0:36:51.279
<v Speaker 1>a long time coming. But you know what, the mother

0:36:51.360 --> 0:36:56.800
<v Speaker 1>of all subpoenas is the federal grand jury subpoena. Because

0:36:56.840 --> 0:37:00.880
<v Speaker 1>you can't you can mock and deride, but let you defy,

0:37:00.960 --> 0:37:04.359
<v Speaker 1>because if you defy, I've issued more federal grand jury

0:37:04.400 --> 0:37:07.239
<v Speaker 1>subpoenas that I could ever remember in my life time.

0:37:07.840 --> 0:37:10.680
<v Speaker 1>And if you defy it, you know what happens. We

0:37:10.840 --> 0:37:14.120
<v Speaker 1>immediately get a bench warrant from the judge to enforce

0:37:14.160 --> 0:37:17.280
<v Speaker 1>the subpoena of the US Marshals are at your house

0:37:17.719 --> 0:37:21.239
<v Speaker 1>six am. The next day. You're placed in cuffs and

0:37:21.320 --> 0:37:24.200
<v Speaker 1>you're brought before the grand jury. You're brought before the

0:37:24.280 --> 0:37:26.319
<v Speaker 1>judge first and then the grand jury. And guess what.

0:37:26.920 --> 0:37:29.560
<v Speaker 1>You have a privilege you want to raise to try

0:37:29.560 --> 0:37:32.600
<v Speaker 1>to avoid testifying. Whether it's a bogus privilege or a

0:37:32.719 --> 0:37:36.600
<v Speaker 1>viable privilege. You know what we do, Danielle. We immediately

0:37:36.640 --> 0:37:39.600
<v Speaker 1>walk into the Chief Judge's courtroom. The chief Judge has

0:37:39.840 --> 0:37:44.320
<v Speaker 1>supervisory authority over the grand jury proceedings, and we litigate

0:37:44.360 --> 0:37:49.880
<v Speaker 1>the issue instantly in real time, and the judge issues

0:37:49.920 --> 0:37:54.160
<v Speaker 1>are ruling promptly, like I mean, within a couple of days,

0:37:54.560 --> 0:37:57.280
<v Speaker 1>and orders the witness to go appear before the grand

0:37:57.320 --> 0:38:01.240
<v Speaker 1>jury if he or she has no viable privilege to

0:38:01.360 --> 0:38:08.360
<v Speaker 1>prevent their testimony. This is how the insurrection Ronald Trump's

0:38:08.400 --> 0:38:16.839
<v Speaker 1>conspiracy to end our democracy should be investigated. Apparently it's

0:38:16.960 --> 0:38:24.240
<v Speaker 1>not being investigated that way by the Department of Justice.

0:38:24.440 --> 0:38:27.000
<v Speaker 1>They're going after the foot soldiers of the insurrection. They

0:38:27.080 --> 0:38:30.759
<v Speaker 1>brought seditious conspiracy charges, so we know they're in the

0:38:30.760 --> 0:38:35.920
<v Speaker 1>grand jury investigating and indicting these matters, but we haven't

0:38:35.960 --> 0:38:39.160
<v Speaker 1>seen any evidence that they're in the grand jury aggressively

0:38:39.280 --> 0:38:44.480
<v Speaker 1>going after the command structure of the insurrection. And if

0:38:44.520 --> 0:38:48.480
<v Speaker 1>they don't take down the command structure of the insurrection,

0:38:48.920 --> 0:38:52.840
<v Speaker 1>these idiots are going to be recruiting their second batcheld

0:38:52.960 --> 0:38:58.040
<v Speaker 1>the soldiers seven d eight hundred people, no attack the capital.

0:38:58.200 --> 0:39:02.000
<v Speaker 1>They can get eight hundred or eight in their place.

0:39:02.560 --> 0:39:05.760
<v Speaker 1>That's why we should be in the dang grand jury,

0:39:06.080 --> 0:39:11.840
<v Speaker 1>federal grand jury where they can't play all these subpoena games. Yeah,

0:39:11.880 --> 0:39:15.160
<v Speaker 1>I mean, I just feel like Glenn, we continue to

0:39:15.239 --> 0:39:18.160
<v Speaker 1>have this sit and wait, sit and wait, sit and wait.

0:39:18.239 --> 0:39:21.000
<v Speaker 1>We get these headlines that come out like this past

0:39:21.040 --> 0:39:24.040
<v Speaker 1>week with Georgia, with New York, but it is a

0:39:24.120 --> 0:39:27.840
<v Speaker 1>sit and wait game. And you know, Frankly again just

0:39:28.040 --> 0:39:33.799
<v Speaker 1>saying midterm elections nine months away, right, and Frankly, you know,

0:39:34.000 --> 0:39:37.040
<v Speaker 1>the Biden administration doesn't have a lot to run on,

0:39:38.280 --> 0:39:40.920
<v Speaker 1>It doesn't have a lot to give Democrats to go

0:39:41.000 --> 0:39:43.239
<v Speaker 1>out there and say this is what we're doing. We

0:39:43.320 --> 0:39:46.120
<v Speaker 1>hear the American people, no one is above the law.

0:39:46.360 --> 0:39:49.600
<v Speaker 1>Justice will prevail. We're going to hold democracy, you know,

0:39:49.680 --> 0:39:53.040
<v Speaker 1>with everything we got. That's not what we're hearing. It's

0:39:53.080 --> 0:39:57.399
<v Speaker 1>not what we're seeing. M Glenn. Lastly, what what are

0:39:57.440 --> 0:40:01.520
<v Speaker 1>you what are you paying attention to as we come

0:40:01.520 --> 0:40:04.440
<v Speaker 1>to the end of this month going into February. What

0:40:04.760 --> 0:40:06.960
<v Speaker 1>are some things that we need to have our eyes on.

0:40:07.680 --> 0:40:11.359
<v Speaker 1>So I look every minute of every day for some

0:40:11.400 --> 0:40:15.640
<v Speaker 1>outward manifestation that the Department of Justice is actively and

0:40:15.760 --> 0:40:21.360
<v Speaker 1>aggressively criminally investigating the leadership of the insurrection, the command

0:40:21.440 --> 0:40:24.680
<v Speaker 1>structure of the insurrection, and I will continue to look

0:40:24.719 --> 0:40:28.600
<v Speaker 1>for that. The other thing, I'm anxiously awaiting public hearings

0:40:28.640 --> 0:40:32.040
<v Speaker 1>by the House Select Committee because I have a feeling

0:40:32.080 --> 0:40:36.040
<v Speaker 1>they have blockbuster evidence. We now know that the Supreme

0:40:36.080 --> 0:40:39.840
<v Speaker 1>Court told Donald Trump shut up and sit down, because

0:40:39.960 --> 0:40:43.799
<v Speaker 1>you do not have executive privilege to assert to prevent

0:40:44.200 --> 0:40:48.000
<v Speaker 1>what we all know is deeply damaging information from going

0:40:48.400 --> 0:40:52.200
<v Speaker 1>from the National Archives to the House Select Committee. That's

0:40:52.280 --> 0:40:56.239
<v Speaker 1>important both legally in that case and atmospherically. For them

0:40:56.280 --> 0:41:00.280
<v Speaker 1>to have largely shut down the executive privilege non sense.

0:41:00.840 --> 0:41:03.520
<v Speaker 1>So I have a feeling those four hundred witnesses who

0:41:03.560 --> 0:41:05.719
<v Speaker 1>have appeared think about it. It really is only a

0:41:05.760 --> 0:41:09.359
<v Speaker 1>handful of witnesses who have refused to comply, and those

0:41:09.400 --> 0:41:12.239
<v Speaker 1>are the ones who are either intensely loyal to a

0:41:12.280 --> 0:41:17.600
<v Speaker 1>fallen criminal president, and or they have their own criminal culpability,

0:41:18.120 --> 0:41:21.879
<v Speaker 1>like Mark Meadows and Jim Jordan and Scott Perry. Of

0:41:21.920 --> 0:41:26.520
<v Speaker 1>course they're not interested in cooperating because if they did

0:41:26.560 --> 0:41:28.879
<v Speaker 1>walk into the House Select Committee, they'd have to say,

0:41:29.719 --> 0:41:31.400
<v Speaker 1>I'm going to go the way of Eric Trump. I

0:41:31.440 --> 0:41:34.880
<v Speaker 1>invoked my Fifth Amendment right against self incrimination. Give Roger

0:41:34.920 --> 0:41:38.399
<v Speaker 1>Stone credit. He committed all kinds of crimes. He kind

0:41:38.400 --> 0:41:40.239
<v Speaker 1>of walked into the grand jury and did what the

0:41:40.320 --> 0:41:44.840
<v Speaker 1>law allows him to do. I plead the fifth, the Fifth.

0:41:45.360 --> 0:41:47.719
<v Speaker 1>That's what these other knuckleheads should do. But they're even

0:41:47.760 --> 0:41:50.400
<v Speaker 1>afraid to do that. So the Scott Perry's and the

0:41:50.480 --> 0:41:53.160
<v Speaker 1>Jim Jordan's running a red run around, yammering all kinds

0:41:53.200 --> 0:41:58.239
<v Speaker 1>of nonsense. Right, But there have been hundreds of witnesses

0:41:58.239 --> 0:42:00.719
<v Speaker 1>who said I'm not going that way. I'm going to

0:42:00.760 --> 0:42:03.120
<v Speaker 1>tell the How Select Committee everything I know and what

0:42:03.239 --> 0:42:07.600
<v Speaker 1>those four hundred witnesses know I'm sure is quite damning,

0:42:08.120 --> 0:42:12.200
<v Speaker 1>and all of that is being it's being sort of

0:42:12.719 --> 0:42:16.239
<v Speaker 1>coalesced down to what will be most important for us

0:42:16.280 --> 0:42:20.279
<v Speaker 1>to see in public hearing. So I'm getting my popcorn

0:42:20.360 --> 0:42:22.319
<v Speaker 1>and I'm going to be ready to go. I'm going

0:42:22.400 --> 0:42:25.400
<v Speaker 1>to be ready in the tweets with you to watch

0:42:25.440 --> 0:42:27.960
<v Speaker 1>that live and then come back on here and discuss

0:42:28.280 --> 0:42:32.480
<v Speaker 1>and unpack. Glenn Kirshner, as always, thank you so much

0:42:32.520 --> 0:42:35.960
<v Speaker 1>for making the time to walk us through Trump's legal web,

0:42:36.520 --> 0:42:38.920
<v Speaker 1>legal web of lies that we're all trapped inside of,

0:42:38.960 --> 0:42:42.560
<v Speaker 1>and hopefully we're going to see the you know it

0:42:42.719 --> 0:42:46.160
<v Speaker 1>coming down one string at a time. We appreciate you

0:42:51.840 --> 0:42:55.920
<v Speaker 1>as always. Power to the people and to all the people. Power,

0:42:56.160 --> 0:42:58.359
<v Speaker 1>get woke and stay woke as fuck.