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Speaker 1: And we are back with another edition of the Federalist

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Radio Hour. I'm Matt Kittle, senior Elections correspondent at The

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Federalist and your experienced Shirpa on today's quest for Knowledge.

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As always, you can email the show at radio at

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the Federalist dot com, follow us on x at FDR LST,

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make sure to subscribe wherever you download your podcast, and

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of course to the premium version of our website as well.

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Our guest today is Don Brown, joining us to talk

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about his new book Kangaroo Court, How dirty prosecutors and

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sleazy lawyers destroy political opponents, attack free speech, and subvert

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the Constitution. Don, thank you so much for joining us

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on this edition of the Federalist Radio Hour.

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Speaker 2: Man, thanks for having me, Thanks for the great work

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that you do with The Federalist on the podcast, in

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the paper, and for what Molly does. You guys had

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a lot of real in debt, intellectual conservative analysis to

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the conversation. I really appreciate you well.

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Speaker 1: Thank you for those kind words. And you know it's

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authors like you examining some of the darkest chapters now

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in American history that make this so important. But let's

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be up front right away, we're not talking to Don

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Brown here, Dan Brown, excuse me, there's no there's no

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symbologist or cryptologist or murders that we know of in

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the Louver Museum in your books. Am I correct on

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that front.

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Speaker 2: It's like they say, what a difference a vowel makes?

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And I guess a vowel makes a difference in a

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number of millions in the bank account there. But no,

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I joke around that. Dan is my younger, better looking

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and wealthier cousin. I've written a lot more books than

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he has. In fact, kantgrew Court was number sixteen. He's

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written about three or four. But you know, when the

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bell rings, it rings, so there you go.

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Speaker 1: Yeah, well step it up. Dan, you're kind of a

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piker here. But perhaps we will have Tom Hanks play

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the lead role in your latest book. And it is

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a compelling book because we've lived it and you've studied

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what we lived. There are no mincing of words here

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how dirty prosecutors and sleazy lawyers destroy political opponents. But

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I guess let's begin with how we got here in America.

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Why is lawfare now so integral to politics, particularly on

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the left in America?

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Speaker 2: Well, and that's a great question and the Democrats. The

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short answer is a Democrats to discovery that they can

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bastardize the course, they can use the course as a

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political weapon. And in the Trump cases, which hopefully are

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now on down, we've seen the dismissal of the DC

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case with just Shukin. Trump's attorneys are now trying to

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get Mershan to dismiss the Newark case, the Rico case,

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and George's all but dead because of Trump Vus. And

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by the way, in Kangaroo Court I address all these cases.

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The book was released about a week before the election

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and predicts, based on these three significant Scotus decisions over

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this past summer, they're going to unravel, and they should.

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But the Trump cases have brought our attention to just

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prosecutoral misconduct through political prosecutions on steroids. It is clear

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in my judgment that while the Democrats used COVID as

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an excuse to bend election rules and get away with

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bloody murder during the twenty twenty election on many many fronts,

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in particular six states Georgia, Pennsylvania, and I could go

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down the list Wisconsin etcat C. At this time it

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appeared that they tried law heir, and of course President

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Trump was subjected to criminal prosecutions in four different courts

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in Florida, in the in the.

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Speaker 3: Document's case, which is bobush from the the beginning, because

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you know, Jack Smith never informed the grand jury that

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the Presidential Records Act is the defense to a former

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president specifically is right to his records.

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Speaker 2: That's specifically enumerated into President's Records Act. Then we had

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in d C, of course, and we of course that

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was the so called January sixth case with Judge Chucklin

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and Jack Smith. And of course Fanny Willis enters the

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fray in Georgia with this imaginative, ridiculous, rico type of

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theory she comes up with her boyfriend, and then of

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course in New York. So you're looking at four criminal prosecutions.

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Then you're looking at multiple civil cases, including Latissia James,

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the Attorney General of New York, basically trying to bankrupt

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the president and his organization when there's no victim, when

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the banks involved in the loans were happy to be

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in the loans, when everybody made money. It's totally ridiculous.

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Then you had in Colorado and several other jurisdic This

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is the Colorado in particular, where they tried this ridiculous

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use of the insurrection clause of the fourteenth Amendment to

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try to take the president off the ballot. And of

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course all this was aimed at trying to get him

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off the ballot so that they knew they could not

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beat him at the ballot. So we see all this

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in the just the position of these cases against the

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president all of the country. The American public did not buy.

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They looked through the bs and the president won an

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electoral landslide. But here's the thing, Matt, because you asked

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the question, the Democrats have been doing this for a

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number of years. It's just that the Trump prosecutions have

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brought it to life. So in Kangaroo Court, what I

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wanted to do was lay out the case case back,

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case by case. About a third of the book, probably

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toward the end, deals with the Trump cases, but two

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thirds before that we're looking at easy to read chapters

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involving cases that were in the news, probably covered by

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the Federalists and Fox and others, but have sort of

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faded into oblivion. So, for example, the Democrats prosecuted the

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former governor of Texas, Rick Perry for vetoing a bill

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which he had absolutely right to do that the Texas

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constitution gives a governor the line on in vito, which

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we should have in the US Constitution. Prosecuted that guy, dismissed.

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Tom Delay, the former House Majority leader, was prosecuted and

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of course convicted there. In fact, I made the argument,

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you could look at Travis County, Texas, which is where

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the state Kapa Austin is located, may have have been

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sort of like ground zero for these things because they

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went after Rick Perry, they went Tom Delay there, they

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went after former Centaer Kay Bailey Hudges in there, and

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it has been just a cesspool. But it's been one

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case after the other. Ted Stevens, the former Alaska Senator

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who was the longest serving Republic senator at the time

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when Obama came in, democratated that seat. So they come

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up with his wild theory that Ted Stevens did not

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report some work done by a contractor on his house.

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They prosecute him, They get him convicted by the skin

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of his teeth. He loses that seat. Within six months.

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The federal judge finds prosecutor of misconduct throws the case out.

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One of the prosecutors commits suicide. It was so bad,

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and it goes on and on, and so the book

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is looking about twenty five or so of these cases.

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And it's not just you know, political figures like the

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names that I've mentioned, you know, Hunches and Stevenson, you

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know Governor Perry, Governor Bob McDonald of course, the former

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governor of Virginia, who was prosecuted by the Saint Jack

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Smith reverse eight to zero by the US Supreme Court

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after spending twenty seven million dollars and appeals, but also

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average Americans. So when when Scotus reverses Roe v. Wade, which,

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as I believe Ruth Bader Ginsburg said once was on

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a collision course with itself, we have a few intellectently

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honest Democrats who understood that it was a constitutional train wreck.

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So when it's reversed in a Dobbs case, you see

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the Biden Justice Department essentially anger, you know, feeling anger

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and retaliating. Has two pro life fathers, Mark Halck got

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a Philadelphia and Paul Vaughan out of Tennessee, going after

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them under the so called Face Act. The backs. Yeah,

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so they get one convicted. Unfortunately, Paul Vaughan, excuse me, Paul,

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Paul Vaughan, Mark Half both are defended by the Thomas

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More Society and great organization in Philadelphia. Fortunately, there's video

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footage from nearby stores there that show that it was

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a pro abortion activist that antagonize a shoving match between

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Mark Holt, which the DOJ held from the grand jury there.

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But he was acquitted. But these are average guys. They're

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just Christian guys, just fathers of many children who were

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going out expressing their faith, exercising their rights to the

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First Amendment. Weren't breaking anything, won't harm anybody. And you

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have Douglas Mackie, of course, the cartoonists who in twenty

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sixteen does a cartoon lampooting Hillary's voters as being kind

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of dumb. And I have to agree with him on

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that point. And then in twenty twenty one, nearly five

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years later, the Biden Justice Department prosecutes him for a

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cartoon when the Supreme Court had clearly you know, in

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the famous case of Hustler Magazine versus Fallwell, when Jerry

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Falwell went after Hustler Magazine for some derogatory images that

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were placed there of Jerry Fowell. The images showed Jerry Fowell,

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he thought having incestors. The mother and Fallwell sued them

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when always Supreme Court. Supreme Court essentially said, hey, this

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may be repugnant, but it is protected by the First Amendment.

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But when it comes to art against a Democrat, they

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get prosecuted. And that's what the Biden the Justice Department

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did to Douglas McKay. So the point of the matter

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is it isn't just a Trump cases. They've been using

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this as their modus operandi for preservation of political power

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and attacking opponents. Now going on over thirty years. It

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seems to have accelerated in the age of Obama and

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just exploded. I mean, they went after the first two Congressmen,

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Duncan Hunter and Chris Collins that endorsed Donald Trump in

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twenty seventeen, and they went after you know, they went

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after you know, Steve Mannon and Steve and Navarro and

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General Flynn mothers simply for their association with the president.

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So I wanted to write Kangaroo Court because I felt

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like that the case needs to be laid out against

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the Democrat showing the frequency of these ridiculous political prosecutions

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leading up to an including of course, the Trump prosecutions

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that we're now hopefully finally getting through. I'll feel much

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better when the Manhattan case is gone, and when the

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Georgia case is gone. They are dead on arrival. But

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we need to understand that these prosecutions are basically number one,

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and I argue this in the book, they are an

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attack on the United States Constitution because this is a

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bastardization of our judicial system for political purposes. But they're

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an attack on the in this case, look at the

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Trump case of the president's First Amendment right of free speech.

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They're an attack on the president's associates such as Bannon,

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Navarro and others. First Amendment right, the freedom of association,

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that's that the Supreme Court is held the First Amendment

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and bodies freedom of association. They're an attack on the

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president's Fourth Amendment right. When you look at the mar

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A Lago ray, and then when you look at the

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attack and the prosecutions that Fanny Wilson has brought against

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Sidney Powell and Rudy Giuliani and my friend Jack Smith

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and others there in Fulton County. When you attack a

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defendant's attorneys because your real target is their client. So

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Fanny Wilson is prosecuting these lawyers because they want the

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lawyers to flip to go on Trump. What you're doing

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is your attacking the attorney client privilege. And think about that.

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When you go in to talk to an attorney, matt

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you have the right and the expectation in English and

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American jurisprudence, especially American jurisprudence to what you say to

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a lawyer is confidential. Ninety nine percent of the cases

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is confidential, and that and that that whatever you say

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won't be used against you. So the attorney client privilege

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is wrapped up in the Fifth Amendment right against self

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incrimination and also the sixth Amendment right to effective assistance

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of council criminal cases. So when they prosecute lawyers, they're

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attacking the fifth and sixth Amendment because they're trying to

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erode through attorney client privilege. Then you have you you

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mentioned law fairbship, the fifteenth Amendment, you have the nineteenth Amendment,

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and you have the twenty sixth Amendment, all guaranteeing the

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right to vote. And the right to vote is also

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set forth as you know, in the in the first

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in article one and two, when we talk about the

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Electoral College, the election of the direct election of members

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of the Congress, and article one, you're looking at a

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direct attack against your right, am I right to vote

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to the franchise. So it is an attack on the

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constitutional right of every American to choose and to vote

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for whom they would wish to vote for.

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Speaker 1: But done, But done. Donald Trump is a threat to democracy.

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Speaker 2: That's what we've.

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Speaker 1: Heard over and over and over again from the left,

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from Kamala Harris and Tim Walls and the DNC and

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all of their surrogates. That's what they campaigned on, Donald threat.

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Donald Trump is a threat to democracy. But what you

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have just laid out extensively is a real legitimate threat

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to democracy coming from the radicalized left in America. You know,

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it reminds me of Harry Reid back in the Romney

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Obama election, you know, in the irs case or the

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tax situation. You know, Mitt Romney not reporting his taxes

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and the big lie that was attached to it was

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a massive lie. And Harry Reid acknowledged after Obama won

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that it was a massive lie. And they asked him

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why did you lie? And he said, effectively, well, we won,

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didn't we Isn't that what this is really all about.

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At the end of the day, love left trying to

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take over power, consolidate power, consolidate power and keep power.

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Speaker 2: You know. I have a friend who had a conversation

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with Dable to ask a Rod, and they were talking politics,

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and the friend told David Astrod, you guys don't play

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about the rules, and Asterod responded to words, it is

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effect I didn't hear the conversation. There are no rules.

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And the Democrat and that may be, you know, a

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legendary thing or why, But nonetheless, the Democrats do not

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play by rules. They do not respect the Constitution. The

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Democrat Party, in my opinion, at the national level, now,

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there are fine people, Richard Democrats, that are Goden country

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and sauted the earth folks out there that don't think

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twice about anything other than putting food on the table.

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But the National Democrat Party has become largely criminal syndic

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It has become it has become the biggest threat to

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the United States Constitution that there is on the face

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of the planet day because they're seeking to subvert it

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from within. They will use rhetoric that is exactly opposite

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of the truth. And so what you were saying there,

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Trump is a threat to democracy. First off. In an

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article for Session four, the United States and Constitution of

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Republic not a democracy in James Madison said democracies must

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bile form of government. But I won't go off on

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a tangent there, but you get the point. They the

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the real threat are these political prosecutors. And I make

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the argument that we need to shut these political prosecutions

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down because they're a bastardization of the court system. You

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look at them, millions and millions and millions of dollars

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that are spent in everybody. The public knows you take

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Jack Ford Smith for example, the public knows are Fanning

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Wells or Alphaband that these cases are brought primarily for

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political motivation. And so what is a political prosecution. It's

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a case primary for political you know, motivations. People say, well,

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if you're probably secute, the prosecutors, you know, want that

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want that to ter, you know, prosecutions against lawless, lawless

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figures in government. Well, no, there's a difference between a

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political prosecution. And I've been a prosecutor myself, so, and

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I've been a lawyer, I still am. So when I'm

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when I'm seeing dirty and sleazy lawyers, I'm working in

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this profession, so I know when I see them versus

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a meat and potato crime, what do I mean by

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meat and potato type crime. I'm talking about crimes that

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are direct injury to person, property, murder, larceny, rape, breaking

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and entering, you know, ribery, whatever. These are meat and

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potato type crimes. But these these political crimes usually start

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with conspiracy to and then fill in the blank. And

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in the book can Report, you know, we look at

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we have a couple of chapters looking at political prosecutions

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and other you know, Banana republic type of governments, going

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the way back to the fall the Roman Republic, when

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the Roman Republic devolved in the Roman Empire, all the

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way through Cambodian Venezuela, the Commonist China, the Wymer Republic,

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you know, bleeding into to the Nazi to Nazi Germany

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to Soviet Russia to the Chia comps and conspiracy that

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the charge of conspiracy is a common denominator that basically

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floats from uh, you know, the first political prosecutions from

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time immemorial up into what the Democrats have been doing.

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So you can stay conspiracy and fill in the blank.

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So he's trying to find a way that as Jack Smith,

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to prosecute the president, you know in in in d C.

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So it's conspiracy to defraud the United States. What kind

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of bs is that, Matt, Conspiracy to defraud the United States,

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to fraud of the United States and what. But see

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they use conspiracy as a pitch, as a kind of

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like a pitching tool to move forward these political prosecutions.

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I made the argument in the book, and I'll stand

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by this that we need rogue prosecutor laws. Watch the

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rogue prosecutor law wrote prosecute law is would be a

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law in Congressly jump on this. I know they're gonna

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have a lot of their plate, but we've got two

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years Republican Congress. I don't know if we can get

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the rhinos to go along. But any pro secutor who

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is in retrospect you two have brought a prosecution primarily

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for political purposes, that prosecutor, that prosecutor should be subject

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to funding prosecution himself. So Jack Smith should be worried

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if political if we're going to road prosecutor laws in place.

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He should be worried that, Pam Bonni, it appears our

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next Trade General can review this conduct guard on the

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same thing. If they are if they if they are

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found to have brought a prosecution primarily for political purposes,

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they ought to be subject to prosecution. Look, here's the

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reason for that. These prosecutions are an attack on the

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United States Constitution. And I laid out several of the

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amendments that are in play and that are vulnerable as

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a result of these prosecutions. They are a serious threat

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to our I'll say it correctly, our constitutional republic. They

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are far more in it. It's like it's like whether

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where the Biden says, I'm not going to pardon them all,

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part of them all, and then she pardons them, and

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then and then and then and then Kamala says Trumps

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he's tired, he's getting tired and fatigued. And Trump's out there.

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You know, he's sleeping three hours a night. You know,

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he's running, He's campaign in twenty hour days. You know.

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But they accuse you what they're guilty of themselves. These

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are a real existential threat. And when the other problem

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from a practical standpoint. You know, our judicial system should

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be Sacker saying, you know, there's the image of lady

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liberty and being blind, and especially the criminal prostitutal system

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should not be ever brought based upon someone's desire to

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destroy a political opponent simply to gain power themselves. It's

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what the Democrats try to do these and to me,

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that is that that is a much much. First of all,

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there is none. I looked at every charge brought against

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the president and look and have come to this conclusion far before,

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long before Supreme Court got ahold of two cases and

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a third that you know between the you know, the

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USB Trump and the Fisher case, the Earlinger case, those

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are the three I'm talking about before the tru the

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court got a hold of those cases. It's very clear to me,

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every one, every one of these charges, these criminal charts

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are absolute bogus. And we can spend the whole you know,

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interview on those and explaining why, but they're brought bogus.

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You know, you look at in New York you have

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Cyrus Vance turning that case down. You know, they they

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typically have two year stash limitations on falsification of records,

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so they have to stretch it into a felony, so

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they they have to put some sort of felony intent

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to you know, to to defraud the taxpayers or to

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violate the UH, the UH the elections statue of the

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United States or New York. And they're still they're still

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you know, short of the stash limitations. So they stretch

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it out by virtue of the fact that that Colomo

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by executive or extend the statue limitations for COVID, which

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he doesn't have a legal right to do, and the

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Democratic judge and do it. That just just how they

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stretch it, just stretching it to get in there. And

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these are criminals, These prosecutors are criminals themselves. They are

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a danger to the constitutional.

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Speaker 1: Reput Well that is that is the question then ultimately,

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because you talk about all of these cases, what happened

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in New York, what's happened specifically in Manhattan, in Georgia,

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in Florida, in Washington, d C. And I want to

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get to that. Of course, in just a moment.

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Speaker 4: They allow IRS agents to go after you even though

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they don't pay their taxes. The watch Dot on Wall

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Street podcast with Chris Markowski. Every day Chris helps unpack

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00:21:20,960 --> 00:21:23,319
the connection between politics and the economy and how it

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00:21:23,359 --> 00:21:26,759
affects your wallet. The IRS agents audered in you owe

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a lot in back taxes. Six thousand IRS workers owe

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a total of fifty million dollars. Whether it's happening in

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DC or down on Wall Street, it's affecting you financially.

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Speaker 2: Be informed.

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Speaker 4: Check out the Watchdot on Wall Street podcast with Chris

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00:21:40,200 --> 00:21:43,200
Markowski on Apple, Spotify, or wherever you get your podcasts.

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Speaker 1: Our guest today is Don Brown joining us to talk

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about his new book Kangaroo Court. How dirty prosecutors and

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sleazy lawyers destroy political opponents, attack free speech, and subvert

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the Constitution. There's a lot to unpack there done and

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what I want to ask you is, will anybody ever

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be held accountable? Will Jack Smith, Will Alvin Bragg, will

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these judges who also massage the law to fit what

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the prosecutors we're looking for. I mean, you have judges

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that are working hand in hand with prosecutors. This is

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supposed to be an adversarial relationship. That's what makes our

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system so, you know, important, so wonderful is that you

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have an adversarial legal system. You know, and as as

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a decent attorney. I think I know the answer to

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this question because I've reported on it over and over again.

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There seems to never be any accountability. Can there be

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accountability this time around?

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Speaker 2: That's a great question, man. One of the reasons I'm

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calling forgue prosecutor laws is to give us something with teeth.

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There should be an investigation, and I'll talk about that

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in a second. Essentially two federal acts that could come

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into play. First, there as a Hatch Act, which is

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pretty much toothless. But the Hatch Act prohibits any federal

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employee and executive department from you know, using their position

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to interfere in an election. And when you when you

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when you're dropping you know, indictments right to time it

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with the Iowa Caucuses. That's a violation a Hatch Act.

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But there's no real teeth. I think it's like a

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five hundred, five thousand dollars five and department from working

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for the federal government for years is toothless. Then there

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is there is a possibility conspiracy against rights. Now this

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is in the United States Code makes it a fellony

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ten years for anyone under the color of law to

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conspire to deprive a person of their constitutional rights? And

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so is there a conspiracy here? Well, it appears that

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the Biden you know, Justice Department had had intertwinings with

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Alvin Bragg's team in New York. We have seen that

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Tom Fitton and Judicial Watch, God bless them, have sent

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wanted the fault judgment now in the Fulton County from

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a superior court on a Foyer case. Uh, you know

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they're going to get access to communications between the January

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sixth Committee and Fanny Willis Fannie Fanny, how have you

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pronounced it? My apologies if I mispronounced it, but it

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was an intentional But I believe that there should be

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there should be an investigation under a conspiracy rights theory.

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And if there is, if it's determined that there was

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a conspiracy amongst multiple more two or more persons to

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deprive the president or others of their constitutional rights, then

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the the investigation should at least move forward. I'm not

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optimistic that there is going to be the type of

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justice that we that we need or that is deserved,

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but these these cases should be investigated very thoroughly under

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that theory.

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Speaker 1: In my opinion, Yes, And isn't it clear that the

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president's constitutional rights were violated over and over again Supreme Court.

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You know, just as we talk about Colorado and Maine

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and these other places that tried to deny Donald Trump

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00:25:08,759 --> 00:25:14,279
from the ballot and disenfranchised, talk about violating rights, disenfranchising

440
00:25:14,400 --> 00:25:18,079
millions upon millions of voters trying to kick him off

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the ballot on a bogus insurrection clause argument. I mean,

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that's a clear deprivation of rights. But I don't see

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you know, the court system in Colorado or the Secretary

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of State they're being held accountable for anything.

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Speaker 2: Well that that's the problem, because a lot of a

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lot of a lot of this has to do with

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where you're picking your jury, you're picking your judge, and

448
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of course you know, Manhattan was selected with a calculated

449
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purpose because you knew you're going to get a trumpeting

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jury who would would have convicted the president for you know,

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making a peanut butter and joy sand, which if the

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Democrat prosecuted Democrat, that we're a crime. So venue is

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certainly a problem, you know, but all that aside from

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a strategic standpoint, the new Attorney General should launch investigations

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based upon deprophas and rights under the United States Code.

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In my opinion, because you're correct. The president's constitutional rights

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have been violated on multiple fronts, freedom of speech and

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the freedom of association. And you know you look for example,

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you guys are kind of to publish an op ed

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that I wrote about three weeks ago on Jack Smith

461
00:26:31,960 --> 00:26:35,960
stepping down quickly as quickly as he did. Unlike Chris Ray,

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who apparently is going to wait until Trump is inaugurated

463
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and way to get fired, Jack Smith will plug pretty

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quick as soon as the president. You want a landside

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victory because what's happened is the federal judgment in Florida

466
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Highleian Cannon has taken her cue from Justice Thomas, whose

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concurrence in Trump v. Us said this in emotion that

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Jack Smith was appointed illegally in violating the epoyments, and

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he doesn't want that in front of the Eleventh Circuit.

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He doesn't want this Justice Department under Garland certainly doesn't

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want a federal appeals court affirming the United States District

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Court that the appointments clause has been violated, because if

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you think about it, it's one thing to have, as

474
00:27:17,640 --> 00:27:20,680
US District Court judge said, and their nutcase Dustin Court

475
00:27:20,759 --> 00:27:22,759
judges or the judge can is a great one, but

476
00:27:23,359 --> 00:27:26,240
having US Appeals Court is another thing. And if that's

477
00:27:26,319 --> 00:27:28,319
the case, you got to think about Robert Muller too,

478
00:27:28,359 --> 00:27:32,640
because Robert Muller also in my judgment, you know, stretching

479
00:27:32,680 --> 00:27:35,680
the logic one more step, was appointed in violation the

480
00:27:35,720 --> 00:27:38,559
appointments clause. And where does that lead. You know, they're

481
00:27:38,559 --> 00:27:42,799
investigating Russia, Russia, Russia. Not one single Trump associate and

482
00:27:42,839 --> 00:27:45,960
that's key freedom of association. The Supreme Court says it's

483
00:27:46,000 --> 00:27:49,599
protected in the First Amendment. Not one single Trump associate

484
00:27:49,599 --> 00:27:54,559
who was prosecuted, from Papa Dallas, Papadopoulos to General Flynn,

485
00:27:55,039 --> 00:27:59,119
you know, to man Afford, Just go down list, not one,

486
00:28:00,240 --> 00:28:03,720
not one was ever convicted in connection with any sort

487
00:28:03,759 --> 00:28:06,759
of Russia speculations. So what they do with Manaphort they

488
00:28:06,799 --> 00:28:09,119
go back ten years or so and find a tax charge,

489
00:28:09,440 --> 00:28:12,000
you know. With with General Flynn, they make all he

490
00:28:12,079 --> 00:28:14,720
lied to the FBI even though the agents, and we

491
00:28:14,839 --> 00:28:17,359
discussed this in Kangaroo Court as well, even though the

492
00:28:17,400 --> 00:28:19,599
agents on the ground didn't think he was lying. They

493
00:28:19,680 --> 00:28:22,039
threatened to prosecute a son. These are the type of

494
00:28:22,079 --> 00:28:25,240
tactics that be used. But the point is if the

495
00:28:25,400 --> 00:28:28,400
head is cut off the snake. If the argument is

496
00:28:28,440 --> 00:28:32,759
made that Muller was unconstitutionusly appointed, also, then every one

497
00:28:33,119 --> 00:28:36,519
of those prosecutions under his tentacles should be wiped out.

498
00:28:36,920 --> 00:28:40,799
There's something akin to the fruit of the boards tree doctrine,

499
00:28:40,839 --> 00:28:43,480
akin to it. It isn't an evidentary question, but it's

500
00:28:43,519 --> 00:28:48,799
a question of constitutional you know, of constitutional vulnerability. They was,

501
00:28:48,960 --> 00:28:52,359
there was never you know. The Justice Thomas points out

502
00:28:52,720 --> 00:28:55,599
the Article two station two claws to officers of the

503
00:28:55,680 --> 00:28:58,039
United States would be appointed by the President, but inferior

504
00:28:58,119 --> 00:29:02,000
officers must be appointed by legislation from the Congress. So

505
00:29:02,559 --> 00:29:05,440
some of the most distinguished positions in the government, for example,

506
00:29:05,559 --> 00:29:09,359
United States Attorney or United States Marshals or others, are

507
00:29:09,680 --> 00:29:13,880
are appointed strictly under a specific sections of the United

508
00:29:13,880 --> 00:29:17,119
States Code. We had such a section for the Independent

509
00:29:17,160 --> 00:29:22,359
Council Statue, which expired June thirtieth, nineteen ninety nine, and

510
00:29:22,480 --> 00:29:25,799
nothing has ever been passed by the Congress. Street places

511
00:29:26,240 --> 00:29:30,880
and Mullard excuse me. Garland claims he has a right

512
00:29:30,920 --> 00:29:36,119
to appoint you know, Jack Smith under the dj regulations

513
00:29:36,119 --> 00:29:39,000
which give him rights of the personnel, manage the personnel.

514
00:29:39,200 --> 00:29:42,119
But I'm sorry. DLJ regulations don't trump the US Constitution.

515
00:29:42,359 --> 00:29:45,359
So there is a method of the madness there, and

516
00:29:45,640 --> 00:29:47,079
I got off a little bit. But the point of

517
00:29:47,079 --> 00:29:51,480
the matter is these Democrat prosecutors will use and violate

518
00:29:52,039 --> 00:29:55,839
the law, violate the Constitution in order to to acquire

519
00:29:55,880 --> 00:29:56,519
political power.

520
00:29:56,720 --> 00:30:00,440
Speaker 1: Well, Merrick Garland, Merrick Garland thought that he had the

521
00:30:00,559 --> 00:30:06,759
right to harass parents at school board meetings. Merrick Garland

522
00:30:07,000 --> 00:30:12,559
thought he had the right to harass legitimate protesters outside

523
00:30:12,599 --> 00:30:18,000
abortion clinics. You know, this guy, scarily enough, could have

524
00:30:18,519 --> 00:30:22,799
been a Supreme Court justice. Just think about that. But

525
00:30:23,119 --> 00:30:25,319
I wanted to ask you too. You mentioned this before.

526
00:30:25,400 --> 00:30:28,720
This is not just about Donald Trump, although certainly Donald

527
00:30:28,759 --> 00:30:34,400
Trump has experienced the brunt of law fare and these illegal,

528
00:30:34,559 --> 00:30:38,039
unconstitutional prosecutions. But I wanted to get your take as

529
00:30:38,079 --> 00:30:42,480
well on the alternate Electors of twenty twenty. That is

530
00:30:42,559 --> 00:30:46,000
a case that continues to go on in places like

531
00:30:46,079 --> 00:30:50,440
Arizona and Wisconsin. And you know, it has been billed

532
00:30:50,480 --> 00:30:55,119
by the accomplice media as the fake Elector's story. This

533
00:30:55,279 --> 00:30:58,599
is one of the greatest injustices.

534
00:30:57,839 --> 00:30:58,599
Speaker 2: I think about.

535
00:30:59,279 --> 00:31:03,400
Speaker 1: You know, these attorneys who were doing their level best

536
00:31:03,519 --> 00:31:06,200
to help their client. In this case, their client just

537
00:31:06,279 --> 00:31:09,519
happened to be the left's most hated enemy, Donald Trump,

538
00:31:10,000 --> 00:31:15,119
following the disputed and quite frankly rigged twenty twenty election.

539
00:31:15,880 --> 00:31:19,000
I think of guys like Judge Jim troopis out of

540
00:31:19,079 --> 00:31:22,519
Dane County, Wisconsin, the Madison area, who's been a respected

541
00:31:22,599 --> 00:31:30,720
judge forever, and he remains locked into this nasty, clearly

542
00:31:30,799 --> 00:31:37,920
political investigation led ostensibly by the Department of Justice in Wisconsin.

543
00:31:38,039 --> 00:31:41,359
The leftist Attorney General Josh call who I believe has

544
00:31:41,480 --> 00:31:44,200
visions of running for governor in twenty twenty six, and

545
00:31:44,200 --> 00:31:46,359
that's what this case is really all about. But he's

546
00:31:46,359 --> 00:31:51,160
getting his marching orders from Washington, d C. Can you

547
00:31:51,160 --> 00:31:53,720
speak to this, because what I'm hearing from folks is

548
00:31:53,759 --> 00:31:57,359
that this is a prime example of why this kind

549
00:31:57,400 --> 00:32:01,440
of leftist led lawfare that has nothing to do with

550
00:32:01,519 --> 00:32:05,759
the actual law but mainly politics, will continue to go

551
00:32:05,839 --> 00:32:06,440
on and on.

552
00:32:07,559 --> 00:32:10,440
Speaker 2: Well, you bring up a great point, and I've touched

553
00:32:10,480 --> 00:32:14,079
basically briefly on this in the book, but an entire

554
00:32:14,079 --> 00:32:18,680
book could be written on the persecution of these alternate electors. Listen,

555
00:32:18,799 --> 00:32:22,440
this is a class example of the tyrannical federal jack boot.

556
00:32:22,759 --> 00:32:26,200
Whereas they simply make up and state also depend on

557
00:32:26,200 --> 00:32:28,440
the state, they make up crimes that are not there.

558
00:32:28,720 --> 00:32:34,920
You won't find any statutory crime listed for being an

559
00:32:34,960 --> 00:32:37,440
alternative elector. In fact, you and I both know that.

560
00:32:37,480 --> 00:32:40,359
In the nineteen sixty election.

561
00:32:40,200 --> 00:32:44,640
Speaker 5: Absolutely right, Yeah, Hawaiisan's two sets of delegates, one for Kennedy,

562
00:32:44,680 --> 00:32:47,359
went for Nixon, and Richard Nixon, who has just lost

563
00:32:47,359 --> 00:32:51,160
the lection to JFK makes he makes a discretionary call

564
00:32:51,680 --> 00:32:53,880
based upon what he believes or his powers under.

565
00:32:53,759 --> 00:32:56,880
Speaker 2: The constitution, to recognize one of the sets of delegates

566
00:32:56,960 --> 00:32:59,440
or the other. My rec collection is he recognized the

567
00:32:59,519 --> 00:33:03,319
Kennedy del It wouldn't have mattered. But nonetheless, there is

568
00:33:03,400 --> 00:33:07,440
no crime for you know, autun of election fraud for

569
00:33:07,519 --> 00:33:13,400
alternative electors. These these folks were acting under precedent, under

570
00:33:13,559 --> 00:33:18,960
historical and constitutional president to challenge and to make challenges

571
00:33:19,000 --> 00:33:22,160
that needed to be made in every one of these states.

572
00:33:22,359 --> 00:33:24,920
I was doing some work on the ground, you know,

573
00:33:25,680 --> 00:33:29,519
working with some Republican witnesses, and we were taking affidavits

574
00:33:29,759 --> 00:33:31,400
from folks there in the I think it was a

575
00:33:31,440 --> 00:33:34,039
TGF center in Detroit that've changed the name of it.

576
00:33:34,400 --> 00:33:37,119
But I can tell you we had Republican you know,

577
00:33:38,720 --> 00:33:43,160
observers on the ground who saw multiple ballots from military

578
00:33:43,480 --> 00:33:47,079
guys born in nineteen hundred being brought in and the

579
00:33:47,119 --> 00:33:51,359
Democrats were just counting in, counting and counting, and the

580
00:33:51,400 --> 00:33:54,680
disaster goes on and on, and no court actually looked

581
00:33:54,720 --> 00:33:58,519
at any of that substantively. So the Constitution gives us

582
00:33:58,519 --> 00:34:01,599
a right, I mean, there's absolute First Amendment right to

583
00:34:01,759 --> 00:34:06,680
speak out. But this whole alternate elector's prosecution scheme and

584
00:34:07,119 --> 00:34:09,800
the prosecute these prosecutor me to be prosecuted, and they

585
00:34:09,840 --> 00:34:11,880
need to be there needs to be federal there need

586
00:34:11,960 --> 00:34:14,480
That's why we needed at the federal level, so that

587
00:34:14,800 --> 00:34:17,760
if we hadn't we had road prosecutor loss Pam BONDI

588
00:34:18,000 --> 00:34:21,239
could then look into the actions of these of these

589
00:34:21,280 --> 00:34:25,199
crazy Democrats in Wisconsin or I believe in Arizona. They're

590
00:34:25,199 --> 00:34:27,320
trying the same thing now where they're trying to go

591
00:34:27,400 --> 00:34:30,920
after you know, decent Americans or Republicans who simply let

592
00:34:30,920 --> 00:34:34,800
their names be be put on an at lectures list, which,

593
00:34:35,079 --> 00:34:37,760
if you follow the president from the president excuse me,

594
00:34:37,760 --> 00:34:40,079
from nineteen sixty would have been up to you know,

595
00:34:40,199 --> 00:34:42,840
the Vice President of the United States, either to accept

596
00:34:42,920 --> 00:34:46,599
or not accept or or or by the way Pence

597
00:34:46,679 --> 00:34:48,519
himself could have There are a number of things you

598
00:34:48,559 --> 00:34:51,360
could do when he comes on. Disingenuously, says I, I

599
00:34:51,639 --> 00:34:54,880
on that day the President asked me to put himself

600
00:34:54,920 --> 00:34:57,960
over the constitution. President Trump never did that, you know,

601
00:34:58,079 --> 00:35:01,480
I mean, never did that. But this is just another example,

602
00:35:01,880 --> 00:35:04,280
like the j sixers that are still sitting in prison,

603
00:35:04,280 --> 00:35:08,239
they never been brought to trial. Federal, the tyrannical federal

604
00:35:08,400 --> 00:35:12,880
jack boot is being used to crush innocent Americans for

605
00:35:12,920 --> 00:35:16,840
political reasons. Because those innocent Americans are exercising their First

606
00:35:16,880 --> 00:35:21,760
Amendment rights and calling them fake electors is just like

607
00:35:22,400 --> 00:35:24,800
you know, you know, if you and I are we

608
00:35:25,119 --> 00:35:28,599
ask a question about what happened, we get called election deniers.

609
00:35:28,639 --> 00:35:32,920
That is just it's just a textbook gobiles. You know,

610
00:35:33,000 --> 00:35:35,400
you just repeat the lie enough and enoughing of people

611
00:35:35,440 --> 00:35:38,079
started believing it. Which is why I appreciate what y'all

612
00:35:38,119 --> 00:35:39,639
are doing here at the Federal is to continue to

613
00:35:39,639 --> 00:35:43,360
bring these issues to bear. But those prosecutors need to

614
00:35:43,400 --> 00:35:45,559
be dealt with harshly. You ask a question a few

615
00:35:45,599 --> 00:35:48,039
minutes ago will have happened and may or may not,

616
00:35:48,400 --> 00:35:51,320
probably not, but nonetheless they need to be investigated, and

617
00:35:51,480 --> 00:35:54,920
under a deprivation of rights theory, there should be an

618
00:35:55,000 --> 00:35:59,079
investigation against every one of these prosecutors. Bringing a fake

619
00:35:59,119 --> 00:36:02,920
elector charge is under a federal deprivation of right's theory,

620
00:36:03,440 --> 00:36:05,599
and they at least ought to feel some of the heat.

621
00:36:06,239 --> 00:36:09,880
Even if you can't get the hook into debate, they

622
00:36:09,960 --> 00:36:12,840
need to feel the heat because they have thrown the

623
00:36:12,840 --> 00:36:15,000
Constitution in the trash can with these cases, as far.

624
00:36:14,920 --> 00:36:17,679
Speaker 1: As i'm and that leads us, I think to my

625
00:36:17,760 --> 00:36:21,119
final question, and it is back to accountability because there

626
00:36:21,159 --> 00:36:24,239
is an opportunity, there is a window, as you noted,

627
00:36:24,719 --> 00:36:28,800
with Republican control of Congress, Republican control of the White House,

628
00:36:29,320 --> 00:36:33,840
and a Supreme Court that is steeped in federalism, in

629
00:36:34,159 --> 00:36:41,760
federalist values. Thankfully, that this is an opportunity to rectify

630
00:36:41,960 --> 00:36:49,599
some things. It's going to take one significant situation to happen,

631
00:36:50,960 --> 00:36:53,960
and this is the one that worries me the most.

632
00:36:54,119 --> 00:36:58,079
If we are going to see accountability of the rogue

633
00:36:58,119 --> 00:37:04,639
prosecutors and the law, it's the Republicans themselves you talked about,

634
00:37:04,880 --> 00:37:10,800
you know, recognizing the fact that the left will never

635
00:37:10,920 --> 00:37:14,559
play by the rules and they will never stop. It's

636
00:37:14,639 --> 00:37:19,000
like rust. The radical left in this country will never sleep.

637
00:37:19,760 --> 00:37:24,079
And so with that said, we have had Republicans, we

638
00:37:24,400 --> 00:37:27,559
need conservatives, so to speak, in this country for a

639
00:37:27,679 --> 00:37:31,639
long time saying we're going to play by the rules

640
00:37:32,000 --> 00:37:36,239
and that's great, but you know, we're going to let

641
00:37:36,320 --> 00:37:39,840
bygones be bygones in the spirit of unity. And they

642
00:37:39,880 --> 00:37:44,760
really do believe that somehow the Democratic Party is going

643
00:37:44,800 --> 00:37:48,320
to come along on the unity ride. Do you have

644
00:37:48,400 --> 00:37:53,079
any faith that the new Republican majority in the Senate

645
00:37:53,800 --> 00:37:57,800
and the sustained Republican majority in the House will actually

646
00:37:58,519 --> 00:38:03,760
perform as if if they remember what Democrats have done,

647
00:38:03,840 --> 00:38:05,679
what the left has done in this country.

648
00:38:06,280 --> 00:38:09,159
Speaker 2: Well, you you ask a good question, and recall we

649
00:38:09,239 --> 00:38:11,400
had Republican control of the Senate of the House the

650
00:38:11,400 --> 00:38:15,320
first two years of President Trump's first term. Remember John

651
00:38:15,400 --> 00:38:20,199
McCain on the Obamacare question, the famous thumbs down. And

652
00:38:20,280 --> 00:38:23,199
from what we have seen, Matt answer your question with

653
00:38:23,320 --> 00:38:27,320
some of the president's initial you know, uh, suggested nominees

654
00:38:27,360 --> 00:38:30,760
for the cabinet. You've got a cat a handful of

655
00:38:30,760 --> 00:38:35,679
the same questionable characters. Murkowski Collins. Of course, I think.

656
00:38:35,840 --> 00:38:39,079
I think even though you know hughme maybe now the leader,

657
00:38:39,119 --> 00:38:41,960
I think we have a puppet puppeteer situation like doing

658
00:38:41,960 --> 00:38:45,519
the House where McConnell still wants to keep the strings

659
00:38:46,000 --> 00:38:49,039
uh in play as long as you can. But you've

660
00:38:49,039 --> 00:38:51,719
got McConnell, you got you've got Fune, you've got the

661
00:38:51,719 --> 00:38:55,480
two women, Murkowski and Collins, and you've got John Corny

662
00:38:55,559 --> 00:38:57,800
who bounces back and forth, been on what day it is?

663
00:38:58,079 --> 00:39:00,960
You got Ron's replacement out in Arizona. So to answer

664
00:39:00,960 --> 00:39:04,920
your question, I don't have confidence that we you know that,

665
00:39:05,000 --> 00:39:07,000
I don't have confidence in the US in it even

666
00:39:07,039 --> 00:39:09,599
with a majority. I'm sort of I'm more sort of

667
00:39:09,639 --> 00:39:11,280
in a believer when I'll see that type of thing.

668
00:39:11,599 --> 00:39:14,519
I don't think those six things that I've just called for.

669
00:39:14,599 --> 00:39:17,519
You have the guts to do the things we need

670
00:39:17,559 --> 00:39:20,239
to do. And with the House, you know you've got

671
00:39:20,400 --> 00:39:22,719
you know we have razor film majority. We're still trying

672
00:39:22,719 --> 00:39:24,519
to sort out of the last seat out in California.

673
00:39:25,000 --> 00:39:27,880
The members of the House that have resigned to go

674
00:39:27,960 --> 00:39:30,119
to the President's Cabinet or to attempt to go are

675
00:39:30,159 --> 00:39:32,760
gonna have to be replaced so that's gonna have to

676
00:39:32,760 --> 00:39:34,440
come to place. We don't know who their papments are

677
00:39:34,440 --> 00:39:36,440
going to be there in Republican districts, we assume they're

678
00:39:36,440 --> 00:39:38,199
going to be Republicans. But no, I don't have a

679
00:39:38,199 --> 00:39:40,119
lot of faith in it. You know, the Rhinos and

680
00:39:40,119 --> 00:39:42,599
the Republican Party have do almost as much damage as

681
00:39:42,599 --> 00:39:45,599
the Democrats in some ways, because the Democrats you know

682
00:39:45,599 --> 00:39:47,199
where they're coming from. You just don't know where the

683
00:39:47,239 --> 00:39:49,719
Rhino's coming from. You know, half the time they should

684
00:39:49,719 --> 00:39:53,679
be a Democrat. Anyway, Rodney's just switch parties and you

685
00:39:53,679 --> 00:39:55,639
know this change should have done a long time ago.

686
00:39:57,119 --> 00:39:59,199
And the list goes on on. So to answer your question,

687
00:39:59,639 --> 00:40:03,000
I'm I am hopeful the president has a very solid mandate.

688
00:40:03,360 --> 00:40:06,480
He's coming in with a position of much more power

689
00:40:07,320 --> 00:40:11,920
and authority than before, and so I have confidence that

690
00:40:12,000 --> 00:40:14,719
his ability to put the squeeze on is going to

691
00:40:14,800 --> 00:40:17,480
be more affected than it might have been in twenty seventeen.

692
00:40:17,719 --> 00:40:21,280
But I'm still suspicious of the afore mentioned characters, and

693
00:40:21,360 --> 00:40:23,400
we'll just have to wait to see what happens in January.

694
00:40:24,000 --> 00:40:27,000
Speaker 1: Well, this is a fascinating book and it is written

695
00:40:27,079 --> 00:40:29,840
in real time. I mean as you noted earlier in

696
00:40:29,840 --> 00:40:35,679
our conversation, this was published right before the election. All

697
00:40:35,760 --> 00:40:39,760
of these what we have experienced in this country over

698
00:40:40,000 --> 00:40:44,679
the last more than four years, really since Donald Trump

699
00:40:44,760 --> 00:40:49,119
came down that escalator. But as you track in this book,

700
00:40:49,559 --> 00:40:52,920
this is a long time in the process, the left,

701
00:40:52,920 --> 00:40:57,679
its law fare and abusive, abusive prosecutions, some of the

702
00:40:57,760 --> 00:41:01,480
darkest chapters in American history. And it covers everything from

703
00:41:01,519 --> 00:41:07,199
Alvin Bragg to Jack Smith, Fannie Willis, Letitia James Kim Gardner,

704
00:41:07,679 --> 00:41:13,480
all of those rogue prosecutors and rogue prosecutions in these

705
00:41:13,519 --> 00:41:19,280
politically charged jurisdictions, weaponizing the legal system and as we

706
00:41:19,400 --> 00:41:25,039
have so often seen, offering two disparate systems of justice

707
00:41:25,360 --> 00:41:28,880
in America. And really what that boils down to is

708
00:41:29,440 --> 00:41:34,239
in the disparate system is justice and injustice. That's ultimately

709
00:41:34,280 --> 00:41:37,079
what we're talking about here. Thank you so much for

710
00:41:37,239 --> 00:41:39,159
joining us today, Don, I appreciate it.

711
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Speaker 2: Thank you, Matt, Mary, because you and your family keep

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up the google work. Hope chat again.

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Speaker 1: Soon, absolutely I look forward to that. Our guest today

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once again is Don Brown joining us to talk about

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his new book Kangaroo Court, How Dirty Prosecutors and sleazy lawyers,

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destroy political opponents, attack free speech, and subvert the Constitution.

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I think we have a good survey on exactly what's

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been going down on all of those fronts over the

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last several years in America. You've been listening to another

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edition of the Federalist Radio Hour. I'm Matt Kittle, senior

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correspondent at the Federalist. We'll be back soon with more.

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Until then, stay lovers of freedom and anxious for the fray.

