WEBVTT 1 00:00:00.120 --> 00:00:04.400 Well, we've had about four or five days to process at all, and 2 00:00:04.599 --> 00:00:10.839 I want to give as best I can some kind of big picture Trump case 3 00:00:11.439 --> 00:00:16.839 thoughts, but also then move on to another case, the Hunter Biden gun 4 00:00:16.879 --> 00:00:24.600 case, which is starting up this week. Jury selection started today. So 5 00:00:24.920 --> 00:00:33.359 looking at the Trump case, there's several lingering questions. First is the question 6 00:00:33.439 --> 00:00:40.479 of how this is impacting things politically. I'm not sure exactly how it's impacting 7 00:00:40.479 --> 00:00:48.799 things politically. In one sense, it's an obvious massive boon to Trump insofar 8 00:00:48.880 --> 00:00:55.000 as he's raised two hundred million dollars over two hundred million dollars since the guilty 9 00:00:55.000 --> 00:01:02.520 plea came down. So that's a massive infusion of money, a lot of 10 00:01:02.520 --> 00:01:04.680 it from small dollar donors, a lot of it coming from large dollar donors, 11 00:01:04.719 --> 00:01:11.359 though, and I get this sense that there are more and more large 12 00:01:11.439 --> 00:01:17.640 dollar donors sort of saying, all right, enough is enough, We're back 13 00:01:17.680 --> 00:01:23.799 in Trump here now. Trump has been out fundraised significantly both in twenty sixteen 14 00:01:23.920 --> 00:01:29.640 and in twenty twenty. The Cooke Brothers or the well I guess it's not 15 00:01:29.719 --> 00:01:36.439 only one Coke brother left several kind of libertarian leaning Republican donors who financed guys 16 00:01:36.480 --> 00:01:40.560 like Mitt Romney, et cetera. They're not opening their wallets for Trump. 17 00:01:42.840 --> 00:01:49.000 So this infusion of cash may actually wind up being quite the boon for Trump. 18 00:01:49.040 --> 00:01:59.719 Now beyond that, though, there comes sentencing, and that is a 19 00:02:00.120 --> 00:02:07.360 murky picture. So Trump was convicted. He's convicted of a low level, 20 00:02:07.520 --> 00:02:15.919 the lowest level, nonviolent felony within the New York State criminal court system. 21 00:02:15.479 --> 00:02:20.000 Now most of the time, and this is the problem with all of the 22 00:02:20.080 --> 00:02:24.759 legal analysis of this, So much of the legal analysis of this has illustrated 23 00:02:25.520 --> 00:02:37.080 how atypical this whole trial is. Most of the time, someone who commits 24 00:02:37.199 --> 00:02:45.560 a felony like this felony is in this category, okay, nonviolent, within 25 00:02:45.639 --> 00:02:52.080 this certain classification within New York state law. You know, before the trial 26 00:02:52.680 --> 00:02:57.000 had wrapped up and before the verdict had come down, I was, you 27 00:02:57.000 --> 00:03:02.080 know, seeing videos produced by you know New York area attorney's talking about, 28 00:03:02.080 --> 00:03:05.360 well, what's the usual sentencing in a case like this, And in a 29 00:03:05.400 --> 00:03:10.159 case like this, usually the sentencing would be no jail time, possibly not 30 00:03:10.199 --> 00:03:15.400 even probation. Maybe you'd have to do some community service, maybe you'd have 31 00:03:15.439 --> 00:03:17.560 to do this, you have to do that, blah blah, blah blah 32 00:03:17.560 --> 00:03:23.759 blah. But and I heard Anny McCarthy, who is a great attorney who 33 00:03:23.759 --> 00:03:30.159 writes for National Review. He made this point, no aspect, well he's 34 00:03:30.360 --> 00:03:35.000 hardly the only one who made this point. But no aspect of this trial 35 00:03:35.680 --> 00:03:39.639 has been typical, So why should we assume that the sentencing would be typical? 36 00:03:39.680 --> 00:03:45.360 Okay, Yes, I understand the sentencing usually speaking, usually for a 37 00:03:45.520 --> 00:03:52.280 guy who doesn't have a prior conviction on his background, is convicted of a 38 00:03:52.360 --> 00:04:00.919 low level felony, nonviolent felony. He's not posing an imminent risk to anyone's 39 00:04:00.919 --> 00:04:04.759 physical harm, and god knows New York doesn't like locking people in jail anyway. 40 00:04:05.639 --> 00:04:11.639 Yes, usually the sentencing will be this way. And by the way, 41 00:04:11.719 --> 00:04:16.480 the sentencing is going to be four days before the Republican Convention. So 42 00:04:16.560 --> 00:04:25.120 I understand the argument that usually the sentencing is going to be this way. 43 00:04:25.800 --> 00:04:30.079 But let's recall what the whole theory of this case is, all right now, 44 00:04:32.120 --> 00:04:35.879 or maybe what I should say is the whole narrative of this case, 45 00:04:36.399 --> 00:04:45.480 because theory would assume that there's like some hard legal base, which there wasn't. 46 00:04:45.839 --> 00:04:48.959 Okay, how did Trump get charged with a felony? To begin with, 47 00:04:49.120 --> 00:04:53.040 Well, he kind of got charged with a felony by the smushing together 48 00:04:53.079 --> 00:04:58.879 of two misdemeanors. A misdemeanor falsification of business records can become a felony if 49 00:04:58.920 --> 00:05:02.360 it's in further and so another crime. Well, you would per suppose that 50 00:05:02.360 --> 00:05:11.600 that other crime was, you know, felony level something else. Falsification of 51 00:05:11.600 --> 00:05:15.279 business records in furtherance of you know, trying to defraud someone out of fifty 52 00:05:15.319 --> 00:05:19.439 thousand dollars. Okay, that becomes a felony, But no, the felony. 53 00:05:20.040 --> 00:05:27.839 Somehow the judge was able to turn misdemeanor offense falsification of business records when 54 00:05:27.879 --> 00:05:31.800 it was in furtherance of another misdemeanor, and somehow he thinks two misdemeanors smushed 55 00:05:31.800 --> 00:05:38.600 together amounts to a felony, which was wild legal reasoning that hasn't really been 56 00:05:38.639 --> 00:05:48.040 applied to anyone other than Donald Trump. So there was not much theory to 57 00:05:48.079 --> 00:05:54.040 the case. But the narrative to the case was this, by covering this 58 00:05:54.240 --> 00:06:05.480 up, Donald Trump stole sixteen election by covering up his affair with Stormy Daniels 59 00:06:08.000 --> 00:06:13.680 by having her sign a non disclosure agreement paying her one hundred thirty thousand dollars, 60 00:06:13.720 --> 00:06:17.279 agreeing to pay her one hundred thirty thousand dollars, and then subsequently paying 61 00:06:17.319 --> 00:06:26.759 her one hundred thirty thousand dollars. That Donald Trump stole the twenty sixteen election, 62 00:06:27.639 --> 00:06:33.040 and that that both the judge allowed the prosecutors tried to make that argument, 63 00:06:33.079 --> 00:06:38.439 and the judge allowed them to make that argument. That basically what this 64 00:06:38.560 --> 00:06:46.160 case was about was Donald Trump stealing the twenty sixteen election by preventing the voters 65 00:06:46.199 --> 00:06:57.480 from hearing about the fact that he had an affair. Now that theory is, 66 00:06:57.560 --> 00:07:01.279 in my opinion, demonstrably silly. We knew Trump was a sleeze ball, 67 00:07:01.879 --> 00:07:06.000 everyone voting for him knew he was a sleeze and a philanderer and cheats 68 00:07:06.040 --> 00:07:13.800 on his wife or has been alleged to cheat on his wife. And in 69 00:07:13.879 --> 00:07:19.360 fact, the Karen McDougall story a very basically a copycat thing to Stormy Daniels, 70 00:07:19.800 --> 00:07:26.120 woman who allegedly had an affair with Donald Trump, also a playboy model, 71 00:07:28.360 --> 00:07:31.480 signed a non disclosure agreement. She broke the non disclosure agreement. Karen 72 00:07:31.560 --> 00:07:36.199 McDougall came out a few days before the election and Trump won. Why would 73 00:07:36.240 --> 00:07:44.240 Stormy Daniels be any different. Stormy Daniels became big time news because liberals thought 74 00:07:44.319 --> 00:07:47.079 that this was a legal gotcha for Trump, and indeed it was. If 75 00:07:47.079 --> 00:07:50.560 it just came out that this woman said she had an affair with Trump. 76 00:07:53.279 --> 00:07:59.879 I don't think it actually changes the needle. Certainly it doesn't in New York, 77 00:08:00.040 --> 00:08:05.040 which, by the way, is the only state over which Alvin Bragg, 78 00:08:05.120 --> 00:08:11.120 the Massachusetts sorry, the Manhattan District Attorney can possibly claim to have any 79 00:08:11.160 --> 00:08:20.920 jurisdiction. But that's the theory of this case. That's the narrative of this 80 00:08:22.160 --> 00:08:26.160 case. The narrative of this case was that Donald Trump stole the twenty sixteen 81 00:08:26.199 --> 00:08:37.480 elections by his illegal conduct of misrepresenting his in his financial documents, misrepresenting what 82 00:08:37.919 --> 00:08:52.240 was in fact the loan repayment as legal expenses. And that's a big deal. 83 00:08:52.519 --> 00:08:58.120 Now again, I reject the premise that that's what happened, but that's 84 00:08:58.159 --> 00:09:01.679 the narrative the judge has given throughout. That is the or that the judge 85 00:09:01.679 --> 00:09:07.440 has allowed to be presented throughout. That was the narrative that Alvin Bragg and 86 00:09:07.480 --> 00:09:11.000 the District Attorney's office from Manhattan laid out that Donald Trump stole the twenty sixteen 87 00:09:11.039 --> 00:09:18.399 elections by his conduct, and we are here to vindicate that massive wrong. 88 00:09:18.480 --> 00:09:22.720 And if that were true, that would be a massive wrong. If you 89 00:09:22.799 --> 00:09:30.559 did conduct illegal conduct that was so egregious that it flipped the outcome of a 90 00:09:30.840 --> 00:09:37.679 United States presidential election, that's a huge deal. Again, I don't think 91 00:09:37.720 --> 00:09:43.399 that's what happened here, But that's the narrative that the prosecutors have given. 92 00:09:45.440 --> 00:09:50.120 If that's the narrative the prosecutors gave, and that's the narrative that you, 93 00:09:50.240 --> 00:09:56.200 as the judge, obviously allowed in highly questionable ruling after ruling after ruling after 94 00:09:56.279 --> 00:10:01.519 ruling after ruling, And if that, what's the narrative that you, as 95 00:10:01.559 --> 00:10:07.919 the judge obviously believe in yourself, and you, as a judge, oversaw 96 00:10:07.960 --> 00:10:15.639 a conviction on that narrative, How do you just give Trump a slap on 97 00:10:15.679 --> 00:10:22.039 the wrist? How do you let Trump go without spending a day in jail? 98 00:10:22.519 --> 00:10:26.799 If he, in fact was the mastermind who stole the twenty sixteen election, 99 00:10:28.600 --> 00:10:37.279 who altered the course of world history by keeping Hillary Clinton out of the 100 00:10:37.279 --> 00:10:41.120 White House and putting himself in for four years. For four years, the 101 00:10:41.240 --> 00:10:50.480 United States had a president elected via illegal and fraudulent means. That's the narrative 102 00:10:52.200 --> 00:10:58.759 that the prosecutors pushed and the judge allowed. How could the judge if he 103 00:10:58.879 --> 00:11:03.279 believes that, and I'm sure sure he does, how can the judge just 104 00:11:03.360 --> 00:11:13.000 say, h community service. I mean the judge and the prosecutors. The 105 00:11:13.000 --> 00:11:16.200 prosecutors were presenting it. The judge was allowing it as if this is the 106 00:11:16.240 --> 00:11:26.799 crime of the century. I think Trump is gonna be in jail now. 107 00:11:28.519 --> 00:11:33.799 How far is the judge gonna push it? Clearly, this judge has pushed 108 00:11:33.960 --> 00:11:41.000 everything to eleven. There's almost nothing he didn't allow the prosecutors to do, 109 00:11:43.799 --> 00:11:48.039 and he acts like, I mean, there was so much stuff that the 110 00:11:48.120 --> 00:11:52.360 judge did that was so inappropriate. I mean, at one point, he 111 00:11:52.440 --> 00:11:58.759 lets Stormy Daniels testify about her and Trump's sexual relationship, which has nothing to 112 00:11:58.799 --> 00:12:03.480 do with the charges against Trump. It was irrelevant testimony, and all it 113 00:12:03.519 --> 00:12:13.080 did was inflame the jury with stuff that's irrelevant to the case because her testimony 114 00:12:13.120 --> 00:12:15.559 makes it look like Trump is terrible. All of a sudden, now she's 115 00:12:15.639 --> 00:12:20.320 changing her story to say that Trump may have kind of assaulted her, which 116 00:12:20.360 --> 00:12:24.559 is something she had never said. Before all of her prior talk about the 117 00:12:24.600 --> 00:12:28.759 Trump about her relationship with Trump was that it was consensual, that it was 118 00:12:28.759 --> 00:12:31.879 stupid and she shouldn't have done it, but it was consensual. So she 119 00:12:31.000 --> 00:12:35.159 gives testimony that has nothing to do with the case at hand. By the 120 00:12:35.159 --> 00:12:41.799 way, the case was about how the Trump corporation listed the payments to Michael 121 00:12:41.840 --> 00:12:46.039 Cohen, paying Michael Cohen back for having paid Stormy Daniels for the non disclosure 122 00:12:46.039 --> 00:12:52.440 agreement. Whether Trump had an affair with Stormy Daniels or the nature of their 123 00:12:52.519 --> 00:12:56.039 affair or how they had sex with each other is irrelevant to that case. 124 00:12:56.200 --> 00:13:00.399 It shouldn't have come in. The judge let it come in, and then 125 00:13:00.399 --> 00:13:05.159 he has the gall to turn to judges to Trump's defense attorneys and say, 126 00:13:05.200 --> 00:13:07.679 boy, that was a pretty rough testimony. I feel like you guys should 127 00:13:07.679 --> 00:13:13.960 have objected more the judgement. You already ruled to let her in to testify. 128 00:13:13.559 --> 00:13:16.720 What are we gonna object to you let her in. If we just 129 00:13:16.960 --> 00:13:24.519 object to her giving the testimony that you're allowing her to give, then we're 130 00:13:24.559 --> 00:13:31.759 just gonna look contemptuous. So this judge, I mean, the Stormy Daniels 131 00:13:31.759 --> 00:13:39.559 thing was one example out of about twenty of inappropriate, biased things that this 132 00:13:39.679 --> 00:13:46.559 judge did to get to the conviction. If the judge is gonna allow all 133 00:13:46.639 --> 00:13:52.840 that, what makes us think he's not going to sentence Trump to some actual 134 00:13:52.919 --> 00:13:58.519 jail time such that maybe he can't physically go to the Republican Convention or beyond. 135 00:14:05.679 --> 00:14:09.360 And that's the thing is pretty much everyone is in a state of we're 136 00:14:09.360 --> 00:14:13.240 not sure. There's stuff about, and everyone's trying to become an expert all 137 00:14:13.279 --> 00:14:18.279 of a sudden in New York, you know New York sentencing law and can 138 00:14:18.320 --> 00:14:24.919 people be out on bail pending appeal and stuff like that. Whether he can 139 00:14:24.960 --> 00:14:31.879 be out on bail pending appeal or not, this judge is going to sentence 140 00:14:31.000 --> 00:14:37.320 Trump to some time. I was the other way last week, and now 141 00:14:37.360 --> 00:14:41.720 I'm fully in the well. Of course he has to sentence him to time. 142 00:14:41.759 --> 00:14:46.320 If he doesn't sentence Trump to any kind of time, then what was 143 00:14:46.360 --> 00:14:52.399 the point of the trial. If Trump is so diabolical that he stole the 144 00:14:52.480 --> 00:15:00.919 twenty sixteen election became leader of the free world under false pretenses, then you 145 00:15:01.039 --> 00:15:09.200 gotta put him in jail. When we return the idea of jailing your political 146 00:15:09.200 --> 00:15:15.799 opponents and how that ramps things up to eleven. Some Roman history for you 147 00:15:15.879 --> 00:15:22.679 all next on the John Girardi Show, Why did Julius Caesar cross the Rubicon? 148 00:15:26.320 --> 00:15:33.159 Crossing the Rubicon is a very common expression. It means basically to pass 149 00:15:33.399 --> 00:15:39.159 a line that once you pass it, you can't go back. It's a 150 00:15:39.200 --> 00:15:50.279 decision that there's no going back from. Julius Caesar was a Roman general. 151 00:15:50.840 --> 00:15:58.039 He was basically a governor of a Roman province, and basically he had both 152 00:15:58.120 --> 00:16:07.360 governing and military powers. He was a pro consul for Gaul. Okay, 153 00:16:07.440 --> 00:16:12.039 which Gaul. We think of Gaul as basically, you know, we we 154 00:16:12.320 --> 00:16:15.879 think of Gaul as basically France. But for the Roman conception, there was 155 00:16:17.120 --> 00:16:21.399 Gaul on this side of the Alps, so kind of northern Italy, and 156 00:16:21.440 --> 00:16:26.159 then there was Gaul on the other side of the Alps, France. So 157 00:16:27.879 --> 00:16:33.960 Julius Caesar was the governor of Cisalpine, Gaul Gall on this side of the 158 00:16:34.000 --> 00:16:45.519 Alps, closer to us in Italy, and the border of his jurisdiction was 159 00:16:45.720 --> 00:16:56.919 the Rubicon River. Once he and the way that Roman command Roman military command 160 00:16:56.960 --> 00:17:03.920 works is basically you had what was called your imperium and your imperium only existed 161 00:17:03.960 --> 00:17:10.799 within a certain geographical boundary. Once you crossed out of that geographical boundary, 162 00:17:10.799 --> 00:17:15.960 you lay down your office. In a sense, you can't be ordering soldiers 163 00:17:15.000 --> 00:17:22.240 around once you cross the line of your imperium. If you do, you're 164 00:17:22.319 --> 00:17:26.559 violating the law and religious customer, and there was religious stuff associated with blah 165 00:17:26.559 --> 00:17:33.519 blah blah blah blah, but you're violating the law. When Julius Caesar came 166 00:17:33.680 --> 00:17:45.440 south with his army, crossed the Rubicon and headed south towards Rome, it 167 00:17:45.640 --> 00:17:55.200 was an act of starting off a civil war. It was a civil war 168 00:17:55.319 --> 00:17:59.279 that would be a bloody affair, and he crossed the civil war in forty 169 00:17:59.359 --> 00:18:06.200 nine b c. Julius Caesar would win this civil war, chiefly against his 170 00:18:06.279 --> 00:18:14.759 faux Punius Pompeius Pompey, and become the most powerful man in the Roman world, 171 00:18:14.839 --> 00:18:18.799 eventually declared dictator for life before he was stabbed to death on the IDEs 172 00:18:18.799 --> 00:18:22.559 of March. So why did he do it? Why did he cross the 173 00:18:22.640 --> 00:18:29.799 Rubicon? Why did he take this decisive step overstep his military authority in order 174 00:18:30.359 --> 00:18:38.759 to kick off a civil war? Why did he do it? Well, 175 00:18:38.880 --> 00:18:45.640 if he followed the rules. He was supposed to lay down his office as 176 00:18:45.680 --> 00:18:51.240 proconsul. His office's pro consul had a certain term limit to it, and 177 00:18:51.519 --> 00:18:56.119 he was supposed to lay down his office. He was supposed to leave Cisalpine, 178 00:18:56.119 --> 00:19:00.640 Gaul and come to Rome, where he was going to be pro secuted 179 00:19:00.680 --> 00:19:07.200 by his enemies. The way the Roman court system worked was different from how 180 00:19:07.240 --> 00:19:15.839 our court system works. People could bring prosecute. Individuals could bring criminal charges 181 00:19:15.000 --> 00:19:22.039 or sort of an equivalent of criminal type charges against their fellow citizens. Julius 182 00:19:22.039 --> 00:19:26.440 Caesar's political enemies people who were jealous of how much power he was getting, 183 00:19:26.640 --> 00:19:30.480 jealous of how much wealth he was getting from his conquests in Gaul. His 184 00:19:30.599 --> 00:19:33.680 conquests in Gall were making Julius Caesar one of the richest men in Rome. 185 00:19:33.960 --> 00:19:37.480 After having taken out massive, massive, massive amounts of debt in order to 186 00:19:37.519 --> 00:19:41.240 finance his political career, finally paid off with a huge campaign in Goal where 187 00:19:41.240 --> 00:19:47.720 he got tons and tons and tons of money. He was becoming incredibly rich, 188 00:19:47.759 --> 00:19:53.279 he was becoming incredibly powerful. He had political disagreements with different people. 189 00:19:53.960 --> 00:19:59.759 They wanted they basically they were gunning for him, and if Caesar came back 190 00:19:59.799 --> 00:20:04.880 to Rome, they were going to prosecute him and convict him and send him 191 00:20:04.880 --> 00:20:10.279 into exile. And so Julius Caesar was like, Nope, not going to 192 00:20:10.359 --> 00:20:22.880 do it. I'm not going to subject myself to political prosecution. So just 193 00:20:22.119 --> 00:20:30.079 like strong men the generation before Marius and Sola, who were similarly Roman generals, 194 00:20:30.079 --> 00:20:37.440 who sort of became strong men in their day rather than because basically violence 195 00:20:37.480 --> 00:20:44.960 had come into the Roman politics, the threat of politicized prosecutions, the threat 196 00:20:45.000 --> 00:20:51.680 of physical violence, and armies, and basically this then devolved into armies having 197 00:20:51.720 --> 00:20:57.559 loyalty to their army commanders personally rather than to the Roman state. So Julius 198 00:20:57.559 --> 00:21:06.559 Caesar followed that tradition laid down a generation earlier, early in the first century, 199 00:21:06.559 --> 00:21:11.640 when Marius and Solo were duking it out for supremacy of the Roman world 200 00:21:11.680 --> 00:21:17.480 and issuing proscriptions in which their political and a list of their political enemies would 201 00:21:17.519 --> 00:21:21.599 be published, and it was open season. People could kill their political enemies. 202 00:21:22.039 --> 00:21:26.640 I think Julius Caesar feared. I don't think this is obviously true. 203 00:21:26.799 --> 00:21:33.400 Julius Caesar feared if he laid down his military command and came back to Rome 204 00:21:33.880 --> 00:21:38.720 buy the books, A meek citizen he would be prosecuted, and he said, 205 00:21:38.720 --> 00:21:45.480 nope, forget it. I'm coming down with my army, and he 206 00:21:45.559 --> 00:21:51.960 kicked off a civil war. Now that we've let this genie out of the 207 00:21:52.000 --> 00:22:03.920 bottle, that we can prosecute our political foes under high stretched circumstances, I 208 00:22:03.960 --> 00:22:14.519 think we are entering a dangerous era where the stakes of running for president are 209 00:22:14.519 --> 00:22:25.920 getting ramped up a lot higher. Some enterprising conservative appointee US attorney could very 210 00:22:25.920 --> 00:22:30.319 well go after Joe Biden after he leaves office, and it's going to turn 211 00:22:30.519 --> 00:22:38.799 into this thing where if you run for president, buckle up because someone's going 212 00:22:38.880 --> 00:22:45.240 to try and send you to jail. When we return the Hunter Biden trial 213 00:22:45.759 --> 00:22:52.640 next on the John Girardi Show. So jury's selection has begun for the Hunter 214 00:22:53.000 --> 00:22:59.640 Biden trial. Remember that that Hunter Biden guy. This is Hunter Biden's gun 215 00:22:59.720 --> 00:23:08.319 case, which is less significant than you know, all the other nefarious stuff 216 00:23:08.319 --> 00:23:12.240 that Hunter Biden probably did, probably failed registers, a foreign agent, probably 217 00:23:12.599 --> 00:23:19.680 doing all kinds of shenanigans using his dad's name in ways that seem pretty darn 218 00:23:19.759 --> 00:23:26.240 corrupt. And maybe a future Justice Department appoints a future special counsel that investigates 219 00:23:26.279 --> 00:23:33.279 this if the statute of limitations can go back that far, which you know, 220 00:23:33.640 --> 00:23:40.119 who would have thought that a two year statute of limitations New York fraudulent 221 00:23:40.160 --> 00:23:44.960 business records law could somehow be stretched into a six year felony New York Business 222 00:23:45.000 --> 00:23:55.319 records falsification law. But I digress. So he's beginning his trial. But 223 00:23:55.799 --> 00:24:00.519 let's talk about the statute of limitations and how that worked. All right? 224 00:24:02.079 --> 00:24:03.759 What is statute of limitation? That talked about this a little bit Friday when 225 00:24:03.759 --> 00:24:08.920 I was talking about the Catholic dioceses filing for bankruptcy. Statute of limitations is 226 00:24:08.960 --> 00:24:18.920 basically this principle that if somebody committed a crime, or if someone did something 227 00:24:18.000 --> 00:24:25.440 that allows you to sue him or her, you have to file the lawsuit 228 00:24:25.599 --> 00:24:32.640 within a certain time frame. If someone did something bad, you got to 229 00:24:32.680 --> 00:24:37.279 file your lawsuit or submit your indictment if you're the government process. So if 230 00:24:37.279 --> 00:24:41.720 you're the government, you're prosecuting someone criminally. If you're an individual, you 231 00:24:41.759 --> 00:24:47.640 might sue someone civilly. Sometimes the government also civilly sues people very often in 232 00:24:47.680 --> 00:24:53.240 fact, but basically you have to do it within a certain timeframe. Why, 233 00:24:53.440 --> 00:24:56.759 Well, for a lot of reasons. One is to allow people to 234 00:24:56.880 --> 00:25:00.920 have some security in their lives. Okay, I don't have to live with 235 00:25:02.000 --> 00:25:04.640 this lingering over my head for the next twenty Did I do something wrong here? 236 00:25:04.759 --> 00:25:07.880 Well, five years have passed, We're done. You know. We 237 00:25:07.920 --> 00:25:12.599 don't have to retain these records for forever, or I don't have to worry 238 00:25:12.640 --> 00:25:17.880 about what happened, you know, seven years ago, it's over, it's 239 00:25:17.920 --> 00:25:22.920 past. Okay. But also it has to do with the preservation of evidence. 240 00:25:27.200 --> 00:25:33.079 Okay, did Michael rob a liquor store fifty years ago? Okay? 241 00:25:33.119 --> 00:25:41.359 Well, Michael is fifty years older. His memory, to be in his 242 00:25:41.400 --> 00:25:45.240 own defense is going to be worse. Most of the witnesses we now are 243 00:25:45.279 --> 00:25:49.319 scattered to the four wins. Several witnesses may be dead by this point. 244 00:25:49.519 --> 00:25:57.400 The video footage may have been corrupted. Evidence gets worse as years go by. 245 00:25:57.559 --> 00:26:04.039 People's memories get fuzzier and fuzzier and fuzzier. The preservation of physical evidence 246 00:26:04.079 --> 00:26:11.960 gets harder and harder and harder. So it's kind of a thing of helping, 247 00:26:11.039 --> 00:26:17.519 you know, how can you reasonably litigate a claim when so much time 248 00:26:17.640 --> 00:26:22.519 has passed? And as a result, we require a statute of limitations. 249 00:26:22.519 --> 00:26:26.200 You've got to file your charge within a certain time frame for pretty much most 250 00:26:26.200 --> 00:26:30.480 crimes. And the only crimes that we're gonna be willing to go back that 251 00:26:30.680 --> 00:26:37.559 far is something that's so serious, maybe like murder, okay, but other 252 00:26:37.599 --> 00:26:45.400 than that, we're requiring statutes of limitations. And that's in part why I 253 00:26:45.440 --> 00:26:48.240 think the situation the Catholic Church is in right now is unjust. California, 254 00:26:48.279 --> 00:26:55.359 basically, in a certain way, is unjust. California opens up this statute 255 00:26:55.440 --> 00:27:04.680 of limitations for people to bring civil lawsuits regarding sexual abuse. Basically, they 256 00:27:04.720 --> 00:27:07.319 open up a three year window and say you can go back as far as 257 00:27:07.319 --> 00:27:17.039 you want and bring a lawsuit. These eager trial attorneys get one hundred and 258 00:27:17.079 --> 00:27:22.279 fifty something claimants to file lawsuits against the Dices a President in that time, 259 00:27:22.559 --> 00:27:27.400 with cases that date back decades. Most of the priests who committed these offenses 260 00:27:27.440 --> 00:27:34.640 allegedly are dead, most of the witnesses are dead. How can you fairly 261 00:27:34.680 --> 00:27:37.640 adjudicate that claim. That's why the Dices of President had to file for Chapter 262 00:27:37.680 --> 00:27:44.839 eleven bankruptcy. Basically, it's an incredibly difficult kind of claim to defend against. 263 00:27:45.920 --> 00:27:52.559 When the priest is dead. All the witnesses are dead. It's the 264 00:27:52.599 --> 00:27:59.000 word of the alleged victim against yours. And you can't say that you had 265 00:27:59.039 --> 00:28:03.480 great processes in those days, you know. But is that is that a 266 00:28:03.480 --> 00:28:08.079 fair outcome? I mean, I from a due process perspective, I don't 267 00:28:08.119 --> 00:28:12.240 know how that that seems very unfair to me. It seems very flimsy. 268 00:28:14.759 --> 00:28:17.599 Now, are some of those claims legit? Probably some of those claims are 269 00:28:17.640 --> 00:28:22.880 legit. Yes, I'm I would assume maybe many of them are, but 270 00:28:23.039 --> 00:28:30.119 I'd have to assume at least some are not. I find it hard to 271 00:28:30.160 --> 00:28:37.119 believe all of those claims are one legit. And and I don't think a 272 00:28:37.160 --> 00:28:45.440 criminal a civil process where again, all the evidence is gone, most of 273 00:28:45.480 --> 00:28:51.960 the witnesses are dead. The witness who the person who allegedly perpetrated this act 274 00:28:52.039 --> 00:28:56.920 can't speak in his defense because he's dead. I find it hard to believe 275 00:28:57.039 --> 00:29:02.440 justice speking to other anyway. So that's why statue of limitations exist. Now, 276 00:29:07.160 --> 00:29:08.759 when you know what, I might just save this for its own segment. 277 00:29:11.000 --> 00:29:12.920 I'll do this now, all right, Let's look at the ways in 278 00:29:12.920 --> 00:29:19.480 which statutes of limitations were manipulated. To get Trump, but to try to 279 00:29:19.559 --> 00:29:23.240 get Hunter off the hook, and successfully have gotten Hunter off the hook. 280 00:29:26.200 --> 00:29:34.799 Trump had committed a crime, allegedly of falsifying business records. He was giving 281 00:29:34.880 --> 00:29:45.960 Michael Cohen a loan repayment, and he called it legal expenses. That is 282 00:29:45.079 --> 00:29:48.160 usually if he did it with a fraudulent intent, and by the way, 283 00:29:48.240 --> 00:29:55.480 fraudulent intent means lying for money. If he just misstated it, that might 284 00:29:55.559 --> 00:29:57.200 not be a crime. It has to be misstating it for some kind of 285 00:29:57.240 --> 00:30:07.039 pecuniary advantage. That's a misdemeanor in New York law, and it only has 286 00:30:07.039 --> 00:30:11.640 a two year statute of limitations. Trump allegedly Trump made those payments to Michael 287 00:30:11.640 --> 00:30:18.160 Cohen in twenty seventeen. We're in twenty twenty four, the two years are 288 00:30:18.240 --> 00:30:27.599 up. Alvin Bragg can't bring that lawsuit unless there's this provision with the New 289 00:30:27.680 --> 00:30:36.200 York law that it becomes a felony with a six year statute of limitations window 290 00:30:37.039 --> 00:30:42.440 if the falsification of business records was in furtherance of some other crime. So 291 00:30:42.480 --> 00:30:47.920 Alvin Bragg charges it that way. He says this was falsification, fraudulent falsification 292 00:30:47.960 --> 00:30:51.920 of business records in furtherance of another crime, and then he kind of never 293 00:30:52.079 --> 00:30:56.640 specifies the other crime. He says violation of New York election law, which 294 00:30:56.680 --> 00:31:03.480 isn't really a felony, violation of federal election law also not a felony, 295 00:31:03.359 --> 00:31:11.079 violation of in furtherance of falsifying more business records, which is circular. But 296 00:31:11.400 --> 00:31:17.400 basically what Alvin Bragg did was he tried to argue that fraudulent falsification of business 297 00:31:17.480 --> 00:31:23.519 records in furtherance of another crime is a felony, but then pretended like that 298 00:31:23.599 --> 00:31:30.880 second crime didn't have to be a felony. So by smushing two misdemeanors together, 299 00:31:30.000 --> 00:31:34.119 he makes it a felony, and most critically, extends the statute of 300 00:31:34.160 --> 00:31:41.720 limitations from two years to six years. So Bragg was able to charge Donald 301 00:31:41.759 --> 00:31:45.640 Trump in twenty twenty three within that six year statute of limitation window. Conduct 302 00:31:45.640 --> 00:31:55.400 happened in twenty seventeen, filed the indictment in twenty three, So Bragg manipulates 303 00:31:55.400 --> 00:32:00.839 the statue's statute of limitations, manipulates the law in order to get his intended 304 00:32:00.839 --> 00:32:12.799 outcome with Hunter the federal prosecutors going after him with kid gloves, delay and 305 00:32:12.839 --> 00:32:22.079 delay and delay and delay bringing the indictments against him for his massive criminal failures 306 00:32:22.359 --> 00:32:28.400 to pay his taxes. We're talking millions of dollars of income that Hunter is 307 00:32:28.440 --> 00:32:36.039 paying Zilcherino taxes on. When you don't pay your taxes, like, okay, 308 00:32:36.200 --> 00:32:39.359 you're five thousand dollars short on your taxes, all right, the IRS 309 00:32:39.440 --> 00:32:46.119 is involved. If you're several millions of dollars not paying your taxes, that's 310 00:32:46.119 --> 00:32:52.519 when the DOJ gets involved and starts criminally talking about criminal prosecution. Okay, 311 00:32:52.880 --> 00:33:06.039 so tax stuff has a six year act, you to limitations. The DOJ 312 00:33:06.240 --> 00:33:08.400 doesn't do anything with Hunter Biden. They know about this in twenty eighteen, 313 00:33:09.000 --> 00:33:14.160 twenty nineteen, goes by, twenty twenty, goes by twenty twenty one, 314 00:33:14.319 --> 00:33:17.799 goes by what's happening? Oh, we learn that the DOJ is getting together 315 00:33:17.839 --> 00:33:22.440 with Hunter's attorneys on a plea deal to make it all go away. His 316 00:33:22.759 --> 00:33:29.519 tax stuff and his gun stuff. Remember how Hunter Biden lied on a federal 317 00:33:29.559 --> 00:33:34.240 background check said he didn't have a drug problem. Well, he was trying 318 00:33:34.240 --> 00:33:37.119 to buy a gun. He lies on a federal background check says that he 319 00:33:37.119 --> 00:33:40.000 doesn't have a drug problem when he has a rich and storied history of drug 320 00:33:40.000 --> 00:33:45.279 abuse, and he gets the gun by lying on the federal background check and 321 00:33:45.319 --> 00:33:51.200 then proceeds to misuse the gun in a way that you would anticipate a drug 322 00:33:51.240 --> 00:33:54.960 he might misuse the gun scares his partner, Halle biden Voe's old widow, 323 00:33:57.119 --> 00:34:06.960 who throws it in a garbage can next to a school. Because the DA 324 00:34:07.200 --> 00:34:09.039 and his lawyers were trying to work out a plea deal, and they kept 325 00:34:09.039 --> 00:34:13.599 working on it, delayed, delaying, delane, all of Hunter's tax stuff 326 00:34:13.599 --> 00:34:17.800 from twenty fourteen, twenty fifteen and twenty sixteen is gone. We can't bring 327 00:34:17.840 --> 00:34:23.400 a charge for it because the statute of limitations has passed. And that's when 328 00:34:23.440 --> 00:34:31.960 the most interesting Hunter financial stuff happened that maybe points to the big guy. 329 00:34:32.079 --> 00:34:38.960 So now we won't find out about that stuff. Let me return again. 330 00:34:39.000 --> 00:34:44.840 We'll just do the basics of Hunter's gun trial. But understand that the by 331 00:34:45.119 --> 00:34:51.440 far more interesting stuff that Hunter did that's illegal is gone because of the Statute 332 00:34:51.440 --> 00:34:57.639 of limitations, because of how the doj sat on their hands, will manipulate 333 00:34:57.719 --> 00:35:00.280 everything to make the statute of limitations work against Trump. Ump with the Manhattan 334 00:35:00.360 --> 00:35:04.639 Day's Office, but lives at the DOJ. No, no, no, 335 00:35:04.639 --> 00:35:07.719 no, no, let's treat Hunter with kid gloves. We'll be back on 336 00:35:07.760 --> 00:35:13.800 the John Girardi Show. So what is Hunter Biden facing here? Hunter Biden's 337 00:35:13.840 --> 00:35:19.840 facing some pretty serious charges. So let me just reiterate what Biden Hunter Biden 338 00:35:20.559 --> 00:35:27.000 did for which he is now facing criminal prosecution. Let's remember he wasn't going 339 00:35:27.079 --> 00:35:30.480 to face any criminal prosecution for any of this stuff, or for anything else 340 00:35:30.480 --> 00:35:37.920 for that matter, until the judge looked at this bizarrely crafted plea deal that 341 00:35:38.079 --> 00:35:45.519 Hunter's lawyers clearly drafted for the DOJ much of it, and said, this 342 00:35:45.599 --> 00:35:49.719 doesn't make any sense, why are you doing that? And the whole thing 343 00:35:50.159 --> 00:35:55.159 imploded. So now the DOJ is basically shamed into actually bringing the gun charges 344 00:35:55.199 --> 00:36:00.440 against Hunter Biden. All of his tax stuff is gone because because it's all 345 00:36:00.559 --> 00:36:05.360 time barred by the statute of limitations. So we bring the gun charges, 346 00:36:05.440 --> 00:36:08.000 which are, by the way, a slam dunk. Here's basically what happened. 347 00:36:10.199 --> 00:36:14.360 When you try to buy a gun, you get a federal background check. 348 00:36:15.599 --> 00:36:20.000 On that federal background check, they ask you, hey, you have 349 00:36:20.079 --> 00:36:27.119 a history of drug abuse. Why, well, we don't want druggies getting 350 00:36:27.119 --> 00:36:31.880 guns. It's kind of the nature of druggies. They're a little erratic, 351 00:36:32.599 --> 00:36:39.679 and guns are really violent, powerful tools that in the wrong hands could well 352 00:36:39.760 --> 00:36:46.119 be misused. Well, Hunter just lies. He lies on the background check 353 00:36:46.119 --> 00:36:50.079 and says, Nope, no problem with substance abuse, in spite of the 354 00:36:50.159 --> 00:37:00.559 fact that he has many, rich, storied problems with drug abuse for it. 355 00:37:00.599 --> 00:37:07.320 By this point, Hunter gets the gun as a result of his lying. 356 00:37:10.039 --> 00:37:15.639 He then proceeds to misuse the gun in the ways that you would fear 357 00:37:15.320 --> 00:37:20.320 a druggie misusing a gun, taking all kinds of weird pictures with it, 358 00:37:20.360 --> 00:37:23.800 et cetera, and then ultimately scaring his partner so much that she throws the 359 00:37:23.880 --> 00:37:30.079 gun into a garbage can, an outdoor garbage can near a school, and 360 00:37:30.119 --> 00:37:42.800 they lose the gun. So God, God only knows if you're going to 361 00:37:42.840 --> 00:37:46.559 be a Democrat and you're going to pass gun control legislation, including stuff like 362 00:37:46.639 --> 00:37:52.320 a federal background check, like, I can't believe there is any liberal objecting 363 00:37:52.559 --> 00:38:00.239 to Hunter Biden being prosecuted. He so blatantly violated this law that's a out 364 00:38:00.320 --> 00:38:07.800 gun safety that liberals want past. Why would you want this past and then 365 00:38:08.519 --> 00:38:15.280 not enforce it. It's insanity. To me, So that's what Hunter's looking 366 00:38:15.320 --> 00:38:17.119 at. We'll see what happens. That'll do it. John Jerlady Show, 367 00:38:17.119 --> 00:38:19.119 See next time on Power Talk