Speaker 1: Welcome back to The Michael Cohen Show on our continued
journey to two hundred and fifty thousand subscribers. Remember when
I said to you that there's always going to be
something going on, Well, I certainly wasn't wrong, all right.
That's why now is the time to subscribe, stay with us,
and share with your friends, because again, there's just going
to be so much to talk about. And I want
to talk about the breaking news about Special Counsel Jack Smith.
He just moved to drop both of the Trump federal cases.
Now let me begin by reminding you that the first
one was the January sixth insurrection, and we're going to
get into that one because there were like a thousand
witnesses and millions of documents and months and months, no
year's worth of work that was done on that being dropped.
There's also, of course, the marl Lago documents case, which
hands down, was the easiest case to have proven of
all the four indictments that came out against Trump. So
let me start by showing you Special Council Jack Smith's
motion in it, of course, United States of America versus
Donald Trump, the government's motion to dismiss as a result
of the election held on November fifth of twenty twenty four.
The defendant, Donald J. Trump will be inaugurated as president
on January twentieth, twenty twenty five. It has long been
the position of the Department of Justice that the United
States Constitution forbids the federal indictment and subsequent criminal prosecution
of a sitting president. But the Department and the country
have never faced the circumstance here, where a federal indictment
against a private citizen has been returned by a next
page grand jury and a criminal prosecution is already underway
when the defendant is elected president. Confronted with this unprecedented situation,
the Special Council's Office consulted with the Department's Office of
Legal Counsel, the OLC, whose interpretation of constitutional questions such
as those raised here is binding on Department prosecutors. So,
after careful consideration, the Department has determined that ol sees
prior opinions concerning the Constitution's prohibition on federal indictment and
prosecution that's the key word, prosecution of a sitting president
applied to the situation, and that as a result of this,
prosecution must be dismissed before the defendant is inaugurated. That
prohibition is next page categorical and does not turn on
the gravity of the crimes charged, the strength of the
government's proof, or the merits of the prosecution, which the
government stands fully behind. Based on the Department's interpretation of
the Constitution, the government moves for dismissal without prejudice of
the superseding indictment under Federal Rule of Criminal Procedure forty
eight subperens A. The government has conferred with defense counsel,
who does not object to this motion. Now, I want
to be very clear about something. There's the whole part
there where they're saying that the government was right in
bringing the prosecution and so on. Here's the problem. Delay, delay, delay,
in bringing the prosecution. They spent forever before which Merrick
Garland finally brought Jack Smith on. They spent forever before
which they finally put forth the recommendation for the indictment,
And by the time it finally came through, he was
already expected to be, if not already the Republican nominee
for the presidency of the United States. Now, which case,
again I said, is the easiest one. To have proven,
and that of course is to Morologo Document's case. And
that doesn't mean that the other people that were involved
are not still going to be prosecuted. This solely references
and is related to Donald J. Trump, none of the
other people. So once again, more people will end up
going down as a direct result for the benefit of
and at the direction of Donald J. Trump. Now you
may be saying to yourself, where have I heard somebody
talk about this, that these cases are all going to
be dismissed. Well, you heard it from me. You heard
it from me here right here on the Michael Cohen Show.
You also heard it on you also heard on my
Maya Kolpa podcast. You've heard me talk to Ben about
it on our Political Beatdown podcast, our live YouTube show.
And why did I say it? Because facts matter reality.
We are all living in the world of reality. That's
where we should be. Too many people are living in
fantasy land. They think that they're in Orlando Disneyland and
they're sleeping in Cinderella's castle. No, no, this is exactly
what happens. You know the old expression right, justice delayed
is justice denied. That's exactly what happened here. Now you
do have the Alvin Bray case. There's a criminal conviction,
but it looks as if though Donald is not going
to be suffering any consequences or accountability from that because
of the Supreme Court decision on presidential immunity. Donald will
be inaugurated on January twentieth. There's no doubt in my
mind that, since especially now, they have postponed the sentencing
definitively till at least twenty twenty nine, till after he finishes,
there's a likely chance, a better than likely chance, there
will be no accountability. Despite the fact DA brought the
case twenty two witnesses. I was, of course one of them.
You're talking about twelve jurors, six alternates, you're talking about
thirty four counts. Those will ultimately go away and he
will not have felon's status because in order to become
a felon, you need to be sentenced. That case right
now is on a complete and indefinite hold. There is
also a motion pending before Judge Murshan that states that
he's going to make a determination in December, early December
regarding a dismissal of the case altogether. All right, who
knows what judgement Shan's gonna do. I don't even want
to try to guess these two cases, Gonzo. I'm talking
about the Jack Smith cases. We just talked about the
January sixth and the marral Lago documents case, which leaves
but one left. Yeah, yeah, the Atlanta, the Georgia case,
the Fani Willis Georgia District attorney. All right, that case
on the interference in the election? Well, what do you
think is happening with that case? I don't know. Fanny
Willis had a relationship with the prosecutor. That one was
ultimately delayed. In fact, not only was it delayed, the
judge actually took it off the calendar. So when I
had said that as a result of not just the
Supreme Court determination on presidential immunity, but also the fact
that he won the election something nobody thought was going
to happen, well it did. And not only of course,
did he beat all the odds in terms of that.
As a direct result, there will be in my estimation,
no accountability or almost no accountability at all. So for
now three plus years we have all been sitting and
listening to the pundits on television talking about the accountability.
The worst case of them all happened to have been
the Manhattan District Attorney case again, the one that I
was a witness in, a key witness in. So all
the work that was done, all of the sweat and
the tears, and the money expended by all of us,
the witnesses, the court, the cities, all of that was fornaught.
Why because again the delayed, delayed, delay in bringing the
indictments and bringing the prosecution in an expeditious manner, allowing
the delays, the judges just slow walking all of this
shit day in and day out. This is the reality
that we live in, and it's important that we live
in the reality, not fantasy land. Based upon which side
of the isle that you sit, if, of course, you
are a Trump supporter, this is the greatest news of
all time. Once again, Donald Trump wins, which just goes
to show you the whole thing was a fucking witch hunt.
But if you're on the other side of the isle,
basically it goes to show you that there are different
sets of rules, different laws for different people, and that
that's why our Justice Department needs such a major, major overhaul.
Suffice it to say, this is the reality This is
what we as a collective commune unity need to be
talking about to ensure that if more of this sort
of stuff happens when he ultimately becomes president of the
United States, we will have a big enough community so
that we can make a difference, so that our voices
can be heard, and that the law is applied equally
to everyone. And as always, my friends, thanks for listening.
Hey everyone, First of all, thanks for watching. I mean,
we're going to be posting daily episodes with reactions and
talking about politics. We'll be talking about everything in fact,
so please like and subscribe join us on this journey.