WEBVTT 1 00:00:00.720 --> 00:00:05.799 So as the Colorado State Supreme Court gets smacked down by the US Supreme Court. 2 00:00:05.839 --> 00:00:11.279 The US Supreme Court today ruled nine to nothing. No, Colorado can't 3 00:00:11.640 --> 00:00:18.879 just on its own disqualify Trump from the ballot. They can't. Unilaterally. 4 00:00:19.000 --> 00:00:26.640 Individual states cannot enforce section three of the Fourteenth Amendment to disqualify someone for running 5 00:00:26.640 --> 00:00:32.039 for president on the grounds of on the grounds that that person has engaged in 6 00:00:32.079 --> 00:00:36.439 an insurrection. So the court doesn't address all of the issues, but it 7 00:00:36.479 --> 00:00:43.399 says, listen, individual states cannot do this. So sorry, Colorado, 8 00:00:43.719 --> 00:00:48.280 Sorry, Maine, Sorry all these states where Democrats were trying to gear up 9 00:00:48.719 --> 00:00:52.719 their law states all over the country where Democrats were going to try to gear 10 00:00:52.799 --> 00:00:58.000 up their lawyers to file challenges to Donald Trump's ability to be on the ballot 11 00:00:58.039 --> 00:01:00.640 on the grounds that he is an insurrectionist, and the Fourteenth Amendment says that 12 00:01:00.719 --> 00:01:07.359 someone who engaged in insurrection is ineligible for office. Sorry, no can do 13 00:01:08.560 --> 00:01:18.319 Individual states cannot enforce this. This is not the only place where and I've 14 00:01:18.560 --> 00:01:23.040 been comparing this to du sex machina, the idea that something from above will 15 00:01:23.079 --> 00:01:32.079 descend upon the drama of the day to resolve the Democrats' terrible issue of donaldal 16 00:01:32.120 --> 00:01:41.680 Trump, of Donald Trump. The problem is that every method Democrats have tried 17 00:01:41.719 --> 00:01:48.799 for the last eight years has not really worked. And now they're starting to 18 00:01:48.920 --> 00:01:59.879 get panicked because more and more polling is coming out showing that Donald Trump is 19 00:02:00.079 --> 00:02:07.760 beating Joe Biden. And this is the thing about polls. A lot of 20 00:02:07.840 --> 00:02:10.960 Americans, a lot of people on the right especially, have this built in 21 00:02:12.080 --> 00:02:17.680 suspicion for polls. And sometimes polls are wrong. Sometimes they are wrong. 22 00:02:22.560 --> 00:02:27.400 Donald Trump was predicted by every pollster in twenty sixteen that he was going to 23 00:02:27.439 --> 00:02:29.800 lose the twenty sixteen election. It turned out he won. Now, he 24 00:02:29.879 --> 00:02:32.520 still lost the popular vote. So a lot of the polls that showed Hillary 25 00:02:32.520 --> 00:02:38.000 Clinton beating him in the popular vote, those were right, but they showed 26 00:02:38.039 --> 00:02:40.159 Hillary beating him by a much bigger margin than she actually did. It was 27 00:02:40.280 --> 00:02:47.879 much closer than the polls indicated. The polls were also a bit off. 28 00:02:49.800 --> 00:02:53.840 In twenty twenty, the polls showed Joe Biden winning by a much larger margin 29 00:02:54.520 --> 00:02:59.560 than he actually did win by. Biden actually won the twenty twenty election by 30 00:02:59.639 --> 00:03:05.800 really very narrow majority, By a very narrow amount. He won the popular 31 00:03:05.879 --> 00:03:09.719 vote, yes, but as far as the electoral college, if you shift 32 00:03:09.719 --> 00:03:14.560 about fifty thousand votes over you know, three states, donald Trump wins. 33 00:03:15.439 --> 00:03:19.039 So it was razor close in both twenty sixteen and twenty twenty, and the 34 00:03:19.039 --> 00:03:23.199 polls beforehand it indicated Trump winning by a big amount. So polls have been 35 00:03:23.199 --> 00:03:30.960 wrong. But here's the thing, sometimes the polls are right. Let me 36 00:03:30.120 --> 00:03:35.680 go back in ancient history for all of you to the twenty twelve presidential election. 37 00:03:36.520 --> 00:03:39.759 It's presidential election we all kind of forget about. But those of you 38 00:03:39.840 --> 00:03:46.120 we are listening to talk radio. Basically the whole summer and fall of twenty 39 00:03:46.120 --> 00:03:53.000 twelve, we were being told confidently by conservative talk radio folks, no, 40 00:03:53.000 --> 00:03:57.199 no, no, no, no, the polls are skewed. Romney's doing 41 00:03:57.240 --> 00:04:00.960 better than these polls are saying. They're under sampling Republicans. No, no, 42 00:04:00.960 --> 00:04:01.960 no, no, no, no, no, Romney's actually doing This 43 00:04:02.039 --> 00:04:08.520 is a closer election than you'd think. Romney's got a chance. And they 44 00:04:08.560 --> 00:04:10.879 had all of us believing, they had all of us believing, no, 45 00:04:10.759 --> 00:04:14.560 no, no, there's like a three or four point Republican under representation here. 46 00:04:14.840 --> 00:04:17.519 Romney's doing great. And what happens, well, the twenty twelve election 47 00:04:17.720 --> 00:04:25.319 went exactly as the polls indicated they would. Obama won fairly handly. It 48 00:04:25.360 --> 00:04:28.319 wasn't as dominant a performance as his two thousand and eight victory, but he 49 00:04:28.439 --> 00:04:34.800 still won. He's still won pretty easily without much of a sweat. Sometimes 50 00:04:34.839 --> 00:04:43.040 the polls are actually right. And I mean even in twenty twenty. I 51 00:04:43.079 --> 00:04:46.639 mean, Joe Biden wins the twenty twenty election, Biden was winning in all 52 00:04:46.680 --> 00:04:50.680 the polls leading up to it. They were off a bit, but the 53 00:04:50.800 --> 00:05:00.480 end result was the end result. Now Trump is win in all the polls 54 00:05:00.560 --> 00:05:03.680 right now. Okay, And I think the approach to polling, you have 55 00:05:03.720 --> 00:05:10.879 to take it. It is. It is a factor. Unpredictable things can 56 00:05:11.000 --> 00:05:15.839 happen. Uh, you know, polls can be in. Polling is an 57 00:05:15.839 --> 00:05:20.360 imperfect science. And maybe you're over representing one kind of part of the electorate 58 00:05:20.399 --> 00:05:24.879 or underrepresenting this, and you know, blah blah blah blah blah. But 59 00:05:25.319 --> 00:05:29.959 and maybe some people are more coy about their support of a candidate like Donald 60 00:05:29.959 --> 00:05:33.519 Trump. Trump gets demonized so much in the media that maybe people are hesitant 61 00:05:33.560 --> 00:05:35.839 and reluctant to say, yes, I'm voting for Donald Trump. When they 62 00:05:35.839 --> 00:05:40.839 talk to a polster, but in the privacy of the booth, of the 63 00:05:40.879 --> 00:05:44.040 voting booth, they'll say, Okay, yeah, I'll vote for Donald Trump, 64 00:05:45.560 --> 00:05:47.759 which has seemed in both twenty twenty and twenty sixteen to be the way 65 00:05:47.800 --> 00:05:53.079 that people acted. They were less supportive of Trump and polls and more supportive 66 00:05:53.079 --> 00:05:59.399 of him in the actual voting box. Trump is winning right now, even 67 00:05:59.399 --> 00:06:03.040 if that affects going on. Trump is kicking Biden's butt, and not just 68 00:06:03.480 --> 00:06:12.160 like he's winning just popular vote wise, he's winning in battleground states. He's 69 00:06:12.199 --> 00:06:15.800 winning, and all the polling comes out saying Joe Biden is too old to 70 00:06:15.800 --> 00:06:23.120 be an effective president. You've got Democrats admitting that the economy was pretty darn 71 00:06:23.160 --> 00:06:30.560 good under Trump. And that's why I think there's greater desperation for these court 72 00:06:30.600 --> 00:06:33.639 cases against Donald Trump, at least one of them, to get to trial 73 00:06:33.639 --> 00:06:41.000 and get to a verdict before the election. That's why there was desperation around 74 00:06:41.040 --> 00:06:45.120 this. You know, the Colorados, this idea to disqualify Trump from the 75 00:06:45.120 --> 00:06:48.600 ballot by saying he's an insurrectionist and therefore the constitution disqualifies him for office. 76 00:06:50.759 --> 00:06:56.560 The Democrats are in really bad shape. Because Biden is not gonna get any 77 00:06:56.600 --> 00:07:03.480 younger or more lucid, and they don't have any really great options for how 78 00:07:03.519 --> 00:07:09.199 to replace him. I want to talk about something with the Trump and Biden 79 00:07:10.079 --> 00:07:16.319 indictment slash non indictment decisions over their retention of classified documents and why I think 80 00:07:16.360 --> 00:07:23.720 Trump has a major good point about selective prosecution. That's next on the John 81 00:07:23.759 --> 00:07:30.240 Girardi Show. So as the Colorado State Supreme Court gets smacked down by the 82 00:07:30.360 --> 00:07:33.759 US Supreme Court, the US Supreme Court today ruled nine to nothing. No, 83 00:07:34.920 --> 00:07:44.199 Colorado can't just on its own disqualify Trump from the ballot. They can't. 84 00:07:44.560 --> 00:07:49.079 Unilaterally. Individual states cannot enforce Section three of the fourteenth Amendment to disqualify 85 00:07:49.160 --> 00:07:57.639 someone for running for president on the grounds of on the grounds that that person 86 00:07:57.680 --> 00:08:01.199 has engaged in an insurrection. So the court doesn't address all of the issues, 87 00:08:01.519 --> 00:08:09.040 but it says, listen, individual states cannot do this. So sorry, 88 00:08:09.120 --> 00:08:13.879 Colorado, Sorry, Maine. Sorry all these states where Democrats were trying 89 00:08:13.920 --> 00:08:18.519 to gear up their lawyer. States all over the country where Democrats were going 90 00:08:18.560 --> 00:08:22.519 to try to gear up their lawyers to file challenges to Donald Trump's ability to 91 00:08:22.560 --> 00:08:26.680 be on the ballot on the grounds that he is an insurrectionist, and the 92 00:08:26.839 --> 00:08:31.720 fourteenth Amendment says that someone who engaged in insurrection is ineligible for office. Sorry, 93 00:08:33.159 --> 00:08:41.720 no can do. Individual states cannot enforce this. This is not the 94 00:08:41.720 --> 00:08:46.840 only place where and I've been comparing this to du Sex Machima, the idea 95 00:08:46.919 --> 00:08:56.120 that something from above will descend upon the drama of the day to resolve the 96 00:08:56.200 --> 00:09:05.600 Democrats' terrible issue of Donald Trump. Of Donald Trump. The problem is that 97 00:09:05.799 --> 00:09:11.200 every method Democrats have tried for the last eight years has not really worked. 98 00:09:11.919 --> 00:09:20.919 And now they're starting to get panicked because more and more polling is coming out 99 00:09:22.960 --> 00:09:30.840 showing that Donald Trump is beating Joe Biden. And this is the thing about 100 00:09:30.840 --> 00:09:35.679 polls. A lot of Americans, a lot of people on the right especially, 101 00:09:37.519 --> 00:09:43.159 have this built in suspicion for polls. And sometimes polls are wrong. 102 00:09:43.919 --> 00:09:52.919 Sometimes they are wrong. Donald Trump was predicted by every polster in twenty sixteen 103 00:09:52.960 --> 00:09:54.600 that he was going to lose the twenty sixteen election. It turned out he 104 00:09:54.639 --> 00:09:58.720 won. Now, he still lost the popular vote. So a lot of 105 00:09:58.720 --> 00:10:03.200 the polls that showed Hillary clay And beating him in the popular vote, those 106 00:10:03.200 --> 00:10:05.559 were right, but they showed Hillary beating him by a much bigger margin than 107 00:10:05.559 --> 00:10:13.960 she actually did. It was much closer than the polls indicated. The polls 108 00:10:13.960 --> 00:10:18.480 were also a bit off in twenty twenty, the polls showed Joe Biden winning 109 00:10:18.759 --> 00:10:24.759 by a much larger margin than he actually did win by. Biden actually won 110 00:10:24.799 --> 00:10:28.720 the twenty twenty election by really a very narrow majority, by a very narrow 111 00:10:28.759 --> 00:10:35.320 amount. He won the popular vote, yes, but as far as the 112 00:10:35.320 --> 00:10:39.279 electoral college, if you shift about fifty thousand votes over three states, donald 113 00:10:39.279 --> 00:10:45.200 Trump wins. So it was razor close in both twenty sixteen and twenty twenty, 114 00:10:45.240 --> 00:10:48.200 and the polls beforehand it indicated Trump winning by a big amount. So 115 00:10:48.840 --> 00:10:54.440 polls have been wrong. But here's the thing, sometimes the polls are right. 116 00:10:56.039 --> 00:11:00.600 Let me go back in ancient history for all of you to the twenty 117 00:11:00.639 --> 00:11:05.919 twelve presidential election. It's presidential election we all kind of forget about. But 118 00:11:05.759 --> 00:11:11.120 those of you were listening to talk radio basically the whole summer and fall of 119 00:11:11.159 --> 00:11:20.360 twenty twelve, we were being told confidently by conservative talk radio folks, no, 120 00:11:20.360 --> 00:11:22.320 no, no, no, no, the polls are skewed. Romney's 121 00:11:22.360 --> 00:11:26.320 doing better than these polls are saying they're under sampling Republicans. No, no, 122 00:11:26.320 --> 00:11:28.320 no, no, no, no, no, Romney's actually doing This 123 00:11:28.399 --> 00:11:33.879 is a closer election than you'd think. Romney's got a chance. And they 124 00:11:33.919 --> 00:11:37.240 had all of us believing, they had all of us believing. No, 125 00:11:37.120 --> 00:11:39.919 no, no, there's like a three or four point Republican under representation here. 126 00:11:41.200 --> 00:11:43.879 Romney's doing great. And what happens, Well, the twenty twelve election 127 00:11:45.080 --> 00:11:50.679 went exactly as the polls indicated they would. Obama won fairly handly. It 128 00:11:50.720 --> 00:11:54.799 wasn't as dominant a performance as a two thousand and eight victory, but he's 129 00:11:54.799 --> 00:11:58.679 still won. He's still won pretty easily, without much of a sweat. 130 00:12:01.519 --> 00:12:09.279 Sometimes the polls are actually right. And I mean even in twenty twenty. 131 00:12:09.360 --> 00:12:13.759 I mean, Joe Biden wins the twenty twenty election, Biden was winning in 132 00:12:13.840 --> 00:12:16.039 all the polls leading up to it. They were off a bit, but 133 00:12:18.000 --> 00:12:26.480 the end result was the end result. Now Trump is winning in all the 134 00:12:26.480 --> 00:12:30.919 polls right now, Okay, And I think the approach to polling, you 135 00:12:30.960 --> 00:12:35.960 have to take it. It is. It is a factor. Unpredictable things 136 00:12:37.039 --> 00:12:41.759 can happen, you know, polls can be in. Polling is an imperfect 137 00:12:41.799 --> 00:12:46.799 science, and maybe you're over representing one kind of part of the electorate or 138 00:12:46.879 --> 00:12:50.720 underrepresenting this, and you know, blah blah blah blah blah. But and 139 00:12:52.080 --> 00:12:56.559 maybe some people are more coy about their support of a candidate like Donald Trump. 140 00:12:56.639 --> 00:13:01.000 Trump gets demonized so much in the media that maybe people are hesitant and 141 00:13:01.039 --> 00:13:03.440 reluctant to say, yes, I'm voting for Donald Trump when they talk to 142 00:13:03.480 --> 00:13:07.879 a polster. But in the privacy of the booth, of the voting booth, 143 00:13:07.240 --> 00:13:11.200 they'll say, Okay, yeah, I'll vote for Donald Trump, which 144 00:13:11.440 --> 00:13:16.039 has seemed in both twenty twenty and twenty sixteen to be the way that people 145 00:13:16.080 --> 00:13:18.759 acted. They were less supportive of Trump and polls and more supportive of him 146 00:13:18.799 --> 00:13:26.039 in the actual voting box. Trump is winning right now, even if that 147 00:13:26.080 --> 00:13:31.759 effects going on. Trump is kicking Biden's butt, and not just like he's 148 00:13:31.919 --> 00:13:37.919 winning just popular vote wise, he's winning in battleground states. He's winning, 149 00:13:39.159 --> 00:13:41.320 and all the polling comes out saying Joe Biden is too old to be an 150 00:13:41.360 --> 00:13:48.960 effective president. You've got Democrats admitting that the economy was pretty darn good under 151 00:13:50.000 --> 00:13:58.639 Trump, and that's why I think there's greater desperation for these court cases against 152 00:13:58.679 --> 00:14:01.360 Donald Trump, at least one of them to get to trial and get to 153 00:14:01.399 --> 00:14:07.840 a verdict before the election. That's why there was desperation around this, you 154 00:14:07.879 --> 00:14:11.399 know, the Colorados this idea to disqualify Trump from the ballot by saying he's 155 00:14:11.399 --> 00:14:18.039 an insurrectionist and therefore the constitution disqualifies him for office. The Democrats are in 156 00:14:18.159 --> 00:14:24.320 really bad shape because Biden is not going to get any younger or more lucid, 157 00:14:26.879 --> 00:14:31.679 and they don't have any really great options for how to replace him. 158 00:14:33.320 --> 00:14:37.200 I want to talk about something with the Trump and Biden indictment slash non indictment 159 00:14:37.200 --> 00:14:45.000 decisions over their retention of classified documents and why I think Trump has a major 160 00:14:45.279 --> 00:14:52.399 good point about selective prosecution. That's next on the John Girardi Show. I 161 00:14:52.399 --> 00:14:56.519 haven't talked about it much in last week or so, but there's an interesting 162 00:14:56.600 --> 00:15:00.440 point that Andy McCarthy, who's one of my favorite writers at now Review. 163 00:15:00.480 --> 00:15:05.039 He check him out, by the way, look up Andy McCarthy National Review 164 00:15:05.720 --> 00:15:07.840 and try to read his stuff at National Review. He sometimes he's got op 165 00:15:07.919 --> 00:15:13.720 eds in the New York Post and other places. Really sharp lawyer. He 166 00:15:13.759 --> 00:15:18.720 was a former federal prosecutor in the Southern District of New York under Rudy Giuliani 167 00:15:20.159 --> 00:15:24.320 and really really sharp guy, really sharp legal commentator. And he's done a 168 00:15:24.320 --> 00:15:31.360 lot of stuff for National Review, kind of covering issues with all the stuff 169 00:15:31.480 --> 00:15:37.159 basically from the Muller investigation onward, and I think it has been really required 170 00:15:37.200 --> 00:15:43.679 reading during the last eight or so years of politics. Now he's talking about 171 00:15:43.759 --> 00:15:52.200 basically the decision by two different special counsels, one to prosecute Donald Trump for 172 00:15:52.639 --> 00:16:00.799 unlawful retention of classified national security documents at his house, and the decision by 173 00:16:00.840 --> 00:16:08.679 another special counsel, Robert Hurr, not to prosecute Joe Biden for unauthorized retention 174 00:16:10.000 --> 00:16:18.360 of classified national security documents at his house. Both men brought documents to their 175 00:16:18.360 --> 00:16:23.039 house after they had left office and were no longer authorized to have those documents. 176 00:16:26.200 --> 00:16:29.360 One of them is getting prosecuted for it, the other one is not. 177 00:16:30.480 --> 00:16:38.480 Why now the ration Now, Trump and his legal team noticed this discrepancy, 178 00:16:41.240 --> 00:16:48.559 and they raised emotion that this is selective prosecution, that this does not 179 00:16:48.600 --> 00:16:51.240 make sense. Why would you prosecute one person and not the other person. 180 00:16:52.039 --> 00:16:56.559 Both persons are actually pretty similarly situated. Joe Biden was retaining these documents when 181 00:16:56.559 --> 00:17:03.360 he was a former vice president, and really the focuses on Biden had these 182 00:17:03.480 --> 00:17:08.359 documents when he was not in office. Okay, he had these documents from 183 00:17:08.440 --> 00:17:15.039 twenty seventeen to twenty twenty one when he was just a private citizen and he 184 00:17:15.119 --> 00:17:17.720 was not authorized to have these documents. He was allowed to have them in 185 00:17:17.720 --> 00:17:19.440 his home when he was vice president, he was allowed to have them in 186 00:17:19.440 --> 00:17:22.079 his home when he was president, but there was a four year gap when 187 00:17:22.079 --> 00:17:26.880 he was neither. Also, let's remember that the durect Now, let me 188 00:17:26.920 --> 00:17:30.839 actually just get into the piece. Okay. Biden Justice Department Special counsel Jack 189 00:17:30.920 --> 00:17:36.599 Smith responded to former President Donald Trump's selective prosecution motion to dismiss the mar A 190 00:17:36.680 --> 00:17:44.160 Lago documents indictment by repeating yet again, this Biden administration mantra. Trump and 191 00:17:44.240 --> 00:17:52.039 Biden are not similarly situated because Biden cooperated with investigators while Trump obstructed them. 192 00:17:52.279 --> 00:17:59.839 Right, So that's the argument for why Trump should be prosecuted, and by 193 00:18:00.000 --> 00:18:07.160 I didn't shouldn't because Trump didn't really cooperate with investigators, but Biden did. 194 00:18:07.519 --> 00:18:15.279 Let's dig into that. It is true that Trump was not very cooperative with 195 00:18:15.319 --> 00:18:22.160 investigators. At one point, he had a special he had a grand jury 196 00:18:22.359 --> 00:18:25.680 issue a subpoena for all the stuff in his house. He gave them the 197 00:18:25.720 --> 00:18:32.359 stuff there was. There was suspicion that he hadn't given them all his stuff, 198 00:18:33.079 --> 00:18:36.599 and the FBI rated mar A Lago and found a whole bunch more stuff. 199 00:18:37.759 --> 00:18:40.720 And there was also a decent amount of evidence seemingly I need to hear 200 00:18:40.720 --> 00:18:41.880 both sides of it, but there was a decent amount of evidence that Trump 201 00:18:42.000 --> 00:18:48.720 knew he wasn't giving them all the stuff. So it's true. Trump was 202 00:18:48.799 --> 00:18:55.200 probably not as was certainly not as cooperative with investigators as I think he keeps 203 00:18:55.240 --> 00:18:57.599 claiming he was. He was pretty devious about it. He was kind of 204 00:18:57.640 --> 00:19:02.079 deceptive towards his own lawyers about it. And that's the thing with Trump is 205 00:19:02.079 --> 00:19:04.880 that frustrates me sometimes is that I think he's his own worst enemy, Like 206 00:19:06.079 --> 00:19:15.759 this is a total this whole thing was totally avoidable. Now, the thing 207 00:19:15.839 --> 00:19:22.880 is, though, the fact that Trump was more cooperative, that doesn't change 208 00:19:22.880 --> 00:19:26.880 the underlying reality of what he did and what Biden did. And let's also 209 00:19:26.920 --> 00:19:30.480 remember this, as bad as Trump's conduct was, in some ways Biden's was 210 00:19:30.599 --> 00:19:37.839 worse. Let me explain why. Right, both men retained documents they weren't 211 00:19:37.880 --> 00:19:41.720 allowed to retain in their personal homes while they were out of office. Fair 212 00:19:41.839 --> 00:19:48.680 Enough, Biden was doing this for decades. Trump only did it for like 213 00:19:48.720 --> 00:19:59.160 a year or two. Biden had documents in his home that he had squirreled 214 00:19:59.200 --> 00:20:03.240 away back when he was in the Senate. Okay, and that's a really 215 00:20:03.240 --> 00:20:08.119 important distinction. Okay, if you're a senator or remember the House, you 216 00:20:08.160 --> 00:20:15.519 don't get to take classified documents home with you. You just don't. Here's 217 00:20:15.559 --> 00:20:18.680 how you view classified documents when you're in the House or you're in the Senate. 218 00:20:19.359 --> 00:20:25.519 They set up a secure room in one of the House or Senate office 219 00:20:25.559 --> 00:20:34.880 buildings. It's a secure contained room where basically they have the documents there for 220 00:20:36.119 --> 00:20:40.839 you to review. You go into the room at a set time. There 221 00:20:40.839 --> 00:20:45.519 are people guarding the facility that it's very secure. Only authorized people are allowed 222 00:20:45.519 --> 00:20:51.000 to go in. You go into the facility, you review the documents, 223 00:20:51.519 --> 00:20:57.480 you leave without the documents. You leave the documents there. There's no way 224 00:20:57.839 --> 00:21:04.920 Biden could have those documents in his house, which he did, without someone 225 00:21:06.319 --> 00:21:15.839 having done something illegal. Someone had to have squirreled away those documents for him. 226 00:21:15.359 --> 00:21:22.880 He got them knowing presumably that they were classified, and he retained them 227 00:21:25.079 --> 00:21:29.680 for years and years and years and years and years. Okay, he stopped 228 00:21:29.720 --> 00:21:33.920 being in the Senate in January of two thousand and nine. They're still in 229 00:21:33.960 --> 00:21:45.319 his house in twenty twenty three, so presumably for over a decade he had 230 00:21:45.920 --> 00:21:49.400 for over a decade he had retained these documents that he had gotten through some 231 00:21:49.680 --> 00:21:59.599 ill gotten method. So on one level, Biden's conduct is actually worse than 232 00:21:59.599 --> 00:22:03.480 Trump. Maybe a little apples to oranges. I think both of their conduct 233 00:22:03.680 --> 00:22:08.200 was bad. But the idea that Biden is this, oh, my stuff 234 00:22:08.319 --> 00:22:15.759 put stuff in the wrong box. Bull. No, it's also true. 235 00:22:15.920 --> 00:22:18.279 And by the way, just this about Biden, because Biden keeps throwing out 236 00:22:18.279 --> 00:22:22.519 this long oh my staff puts stuff in the wrong box. Okay, the 237 00:22:22.599 --> 00:22:27.119 stuff Biden was squirreling away. And I had this conversation actually with my dad 238 00:22:27.119 --> 00:22:30.440 the other day where my dad was like, I don't know, maybe it's 239 00:22:30.519 --> 00:22:34.519 just maybe he's on Biden's behalf. My dad was sort of saying, I 240 00:22:34.559 --> 00:22:37.880 don't know, like maybe Biden, you know, you're your president or your 241 00:22:37.920 --> 00:22:41.559 vice president. You've got a lot of boxes of stuff. Maybe stuff gets 242 00:22:41.599 --> 00:22:44.079 put in the wrong place. Maybe maybe his staff did put the stuff in 243 00:22:44.079 --> 00:22:48.799 the wrong place. And I sort of retorted to my dad with, well, 244 00:22:48.880 --> 00:22:51.440 I can understand that, but I don't think it's the case with Biden. 245 00:22:51.880 --> 00:22:59.759 Here's why. The stuff that was in Biden's house, a lot of 246 00:22:59.799 --> 00:23:04.720 it had to do with Afghanistan. In fact, they were able to identify 247 00:23:06.480 --> 00:23:11.119 some of it as Biden's classified Afghanistan papers because so when, by the way, 248 00:23:11.640 --> 00:23:17.359 when the president or the vice president is briefed on something top secret and 249 00:23:17.400 --> 00:23:21.240 the president or the vice president takes notes on a legal pad about it, 250 00:23:22.000 --> 00:23:26.680 the stuff on the legal pad is now classified material. Okay, that's now 251 00:23:26.720 --> 00:23:29.039 subject to law. You can't just take that home. You just can't. 252 00:23:29.160 --> 00:23:32.559 Can't retain that or scroll that away. Willy nilly, Okay, that stuff 253 00:23:33.000 --> 00:23:37.039 is now also classified top secret. They were able to identify some of that 254 00:23:37.119 --> 00:23:41.759 stuff because Biden had it in his house, and they could see that it 255 00:23:41.799 --> 00:23:45.079 was Biden's notes because of the way, the characteristic way that Biden would always 256 00:23:45.160 --> 00:23:49.960 misspell the word Afghanistan. He would always leave out the H after the g 257 00:23:51.359 --> 00:23:59.839 afgh a n I S T A N. So Biden was squirreling away a 258 00:24:00.160 --> 00:24:04.000 lot of stuff relating to Afghanistan. Why when Biden was running for president in 259 00:24:04.039 --> 00:24:11.279 two thousand and eight and during his first year as vice president, he was 260 00:24:11.440 --> 00:24:18.839 not supportive of a troop surge in Afghanistan, and within the Biden administration he 261 00:24:19.000 --> 00:24:23.640 was like the leading voice opposed to it. Well within the Obama administration, 262 00:24:23.759 --> 00:24:29.599 rather, he was the leading voice opposed to it. Obama did not follow 263 00:24:29.640 --> 00:24:33.160 his advice, ignored him, and did a troop surge in Afghanistan in two 264 00:24:33.200 --> 00:24:37.119 thousand and nine into twenty ten. Like one of the things retained was this 265 00:24:37.240 --> 00:24:41.920 like memo, this like last ditch memo Biden wrote to Obama over Thanksgiving two 266 00:24:41.960 --> 00:24:47.279 thousand and nine urging him not to do the troop surge. And it's clear 267 00:24:47.319 --> 00:24:52.880 that he talked about this with his biographer. Biden did in twenty seventeen after 268 00:24:52.000 --> 00:24:56.000 he's done as vice president, and they've got audio tape of him saying, 269 00:24:56.160 --> 00:25:02.960 I got the Afghanistan stuff down in the in the Biden was wanting to develop 270 00:25:03.039 --> 00:25:07.960 this historical record and this historical narrative that he was the one guy who was 271 00:25:07.039 --> 00:25:10.559 right about Afghanistan. He was the one who said this is going to be 272 00:25:10.599 --> 00:25:14.359 a quagmire like Vietnam, because Biden's not that smart and he can only compare 273 00:25:14.400 --> 00:25:17.839 things to other historical examples he has in his head. So he kept going 274 00:25:17.880 --> 00:25:23.279 on with this Vietnam comparison, apparently, and it seems like that's why he 275 00:25:23.359 --> 00:25:27.400 was retaining this stuff. That it wasn't just a random box of stuff. 276 00:25:29.559 --> 00:25:33.480 No, it was stuff that he specifically wanted to develop a narrative around himself 277 00:25:33.519 --> 00:25:37.720 that he was right about X, Y, and Z. So it wasn't 278 00:25:37.759 --> 00:25:45.039 just random stuff. Now when we return, why I think the fact that 279 00:25:45.079 --> 00:25:49.799 Trump cooperated Excuse me, why why? I think the fact that Biden cooperated 280 00:25:49.839 --> 00:25:56.519 with investigators and Trump didn't cooperate with investigators should not matter to the prosecution. 281 00:25:56.680 --> 00:26:03.279 Question that's next on the John Girardi Show. What was the basis for charging 282 00:26:03.359 --> 00:26:08.559 Trump but not charging Biden with the retention of documents? Apparently it's because Biden 283 00:26:08.599 --> 00:26:21.000 cooperated with investigators Trump didn't. This is silly. If Trump didn't cooperate with 284 00:26:21.079 --> 00:26:26.880 investigators but Biden did, that might be a rationale for charging Donald Trump with 285 00:26:26.920 --> 00:26:37.160 obstruction of justice. It's not a rationale for not charging Biden with unlawfully retaining 286 00:26:37.200 --> 00:26:47.079 classified documents. And that's the rub. It's completely unfair that Biden gets to 287 00:26:47.160 --> 00:26:53.759 skate on this but Trump doesn't. They both did effectively the exact same thing. 288 00:26:56.319 --> 00:27:00.720 They brought a bunch of classified documents to their private houses when they weren't 289 00:27:00.759 --> 00:27:04.119 in office anymore, and they weren't allowed to have them. End of story. 290 00:27:04.319 --> 00:27:08.240 Like the idea that well, Biden cooperated with investigators, well, all 291 00:27:08.279 --> 00:27:14.359 criminal defendants are expected to cooperate with investigators. If they don't cooperate, then 292 00:27:14.400 --> 00:27:17.519 you also charge them with obstruction. It doesn't mean that they get to skate 293 00:27:17.880 --> 00:27:22.920 on the crime. Furthermore, what you have to show is just what the 294 00:27:22.960 --> 00:27:26.279 prosecutor has to show. The mental state of the defendant that the prosecutor has 295 00:27:26.319 --> 00:27:34.240 to show is gross negligence. It's clear that Biden was kind of strategic about 296 00:27:34.240 --> 00:27:37.000 the things that he was squirreling away. He wanted to squirrel away all this 297 00:27:37.039 --> 00:27:41.720 stuff about Afghanistan to show that he was right and Obama was wrong about the 298 00:27:41.759 --> 00:27:47.680 Afghanistan troop surge in two thousand and nine. He was specifically squirreling away that 299 00:27:48.079 --> 00:27:53.720 kind of stuff and the argument that because his memory is so bad that therefore, 300 00:27:55.119 --> 00:27:56.960 well, he couldn't have been wilful in deciding that's it. No, 301 00:27:56.960 --> 00:28:02.480 no, no, that's not even the legal standard his wilfulness. And furthermore, 302 00:28:02.559 --> 00:28:04.279 just the fact that his memory is bad doesn't mean at the time he 303 00:28:04.319 --> 00:28:12.079 didn't he didn't intentionally do the thing he was trying to do. I just 304 00:28:12.160 --> 00:28:22.640 find the whole thing it's kind of blindingly unfair, or at least a blinding 305 00:28:22.720 --> 00:28:29.920 double standard anyway, that one guy's getting prosecuted for this and the other guy 306 00:28:29.960 --> 00:28:33.720 completely is not. One guy has to deal with this prosecution in the middle 307 00:28:33.720 --> 00:28:37.519 of a presidential campaign. The other guy does not have to deal with it. 308 00:28:37.079 --> 00:28:42.160 It's a complete double standard, this idea that liberals keep crowing about in 309 00:28:42.200 --> 00:28:45.240 reference Trump, Well, no one should be above the law. No one 310 00:28:45.240 --> 00:28:49.000 should be above the law. I agree. The Marlago documents thing is the 311 00:28:49.039 --> 00:28:56.319 one Trump charge that I actually think. You know, I've tried to call 312 00:28:56.359 --> 00:29:00.400 balls and strikes with Donald Trump the whole time, through all these legal woes 313 00:29:00.559 --> 00:29:03.599 that he's been subjected to in the last year. I think most of the 314 00:29:03.640 --> 00:29:07.200 cases against him have been bunk. I think the New York District attorney's case 315 00:29:07.200 --> 00:29:11.079 has been ridiculous. I think the Georgia District, the Fulton County District attorney's 316 00:29:11.079 --> 00:29:18.119 case was ridiculous to charge him with a ricoast with a rico violation. I 317 00:29:18.119 --> 00:29:22.519 think all the January sixth prosecutions against Donald Trump, I think were big stretches. 318 00:29:22.839 --> 00:29:30.440 The one thing that I actually agree he probably did something illegal and it 319 00:29:30.480 --> 00:29:33.480 wouldn't necessarily be unfair if he was convicted of it is the mar A Lago 320 00:29:33.519 --> 00:29:37.759 documents retention thing, and it's the exact same thing that Hillary didn't. It's 321 00:29:37.799 --> 00:29:41.319 the exact same thing that Biden did. You either let them all off the 322 00:29:41.359 --> 00:29:45.319 hook, or you got to prosecute them all. If not, we basically 323 00:29:45.400 --> 00:29:51.000 live in a Banana republic. We basically have the Justice Department deciding. It 324 00:29:51.039 --> 00:29:55.119 seems as though the Justice Department had the fix in from the beginning that Biden 325 00:29:55.200 --> 00:30:00.039 was going to skate on this and Trump was going down and you know the 326 00:30:00.119 --> 00:30:03.359 idea that well, it was a special council decided it wasn't the Trump administration. 327 00:30:03.640 --> 00:30:08.039 No, the special council still answers to the Attorney General. The Attorney 328 00:30:08.039 --> 00:30:15.319 General clearly picked Jack Smith, a super who is super aggressive and so obviously 329 00:30:15.319 --> 00:30:23.640 ideologically so fiercely anti Trumps. There's no way that this is just some random 330 00:30:23.720 --> 00:30:30.680 pick. Of course Trump is going down that that's the point of all this, 331 00:30:30.839 --> 00:30:34.799 and I think it's banana. You either charge both of them or you 332 00:30:34.960 --> 00:30:41.799 charge neither of them to decide. Yeah, oh Trump, who did basically 333 00:30:41.839 --> 00:30:44.400 the same darn thing Biden did. He needs to be prosecuted, but not 334 00:30:44.880 --> 00:30:48.039 Biden is ridiculous. That'll do what for John Jardy Show, See you guys 335 00:30:48.039 --> 00:30:48.119 next time on Power Talk