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Speaker 1: dot com. Snowy Roadways making for problems. Southbound seventy five
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Speaker 1: Red Bank. Coming up next, It's time to celebrate National
Speaker 1: Drink Wine Day. While you could just pop the cork,
Speaker 1: pour a glass of your favorite veno and listen to
Speaker 1: our next guests, the Judge, and you'd be doing that
Speaker 1: for all the right reaslings, Chuck Ingram on fifty five
Speaker 1: KR see de talk station.
Speaker 2: Can we get a rim shot on that one? All
Speaker 2: the right reastlings right. I was always happy to welcome
Speaker 2: to the fifty five Carrisse Morning Show. My dear friend
Speaker 2: love hearing from and I love. His column comes out
Speaker 2: every Wednesday at midnight. Judge Enitapolton and welcome back to
Speaker 2: the fifty five Case Morning Show.
Speaker 3: Where does he come up with this stuff National red wine?
Speaker 2: Tay, I don't know, you know what, and I bet
Speaker 2: you that's the thing. I bet you it's a thing.
Speaker 2: But where he comes up with it, I don't know.
Speaker 2: I don't know how much time he's got back there
Speaker 2: and his little booth that they never let him out of,
Speaker 2: but certainly enough time to figure out what's going on
Speaker 2: during the day to make up some funny comment about you,
Speaker 2: Judge Nita Polton.
Speaker 3: Why do they never let him out?
Speaker 2: Well, that's because he does traffic for like, I Heart
Speaker 2: Media owns like seven hundred and fifty stations, and I
Speaker 2: think he does traffic for all of them.
Speaker 3: My god, that's.
Speaker 2: An overstatement by far, but he does the Midwest traffic.
Speaker 2: So he's doing traffic reports in Columbus and in Toledo
Speaker 2: and I don't know Chicago whatever. But he's got a
Speaker 2: lot of traffic reports to follow. So he sits in
Speaker 2: a room. I think it's got like twenty different video
Speaker 2: screens in it. So it's an interesting thing he's got
Speaker 2: going on over there.
Speaker 3: Right, It is fascinating.
Speaker 2: Well, anyway, this I am glad. You know, I'm always
Speaker 2: happy with your column. You know, I love what you're right,
Speaker 2: and you and I see eye to eye in terms
Speaker 2: of our political philosophy. We believe in the Constitution. But
Speaker 2: I've been puzzling over how it is that Mayor Eric
Speaker 2: adams prosecution was just suddenly dismissed. I mean, was it
Speaker 2: a trumped upcase that the grand jury got wrong at
Speaker 2: the outset and the federal government said, well, or the
Speaker 2: Department of Justice again, well we can't win on this,
Speaker 2: or was something going on behind the scenes, And apparently
Speaker 2: it was the latter.
Speaker 3: Yes, apparently it was a quid pro quo. And of
Speaker 3: course the rub here that is giving a lawyer's ethical
Speaker 3: heartburn and maybe even criminal exposure, is that it is
Speaker 3: not being dismissed. It's being dismissed without prejudice, which to
Speaker 3: lay people means being put on a shelf to be
Speaker 3: taken off whenever the Feds want. So this is a
Speaker 3: sort of democles. If you will, hanging over the mayor's head,
Speaker 3: you change your policies one hundred and eighty degrees on immigration,
Speaker 3: You mobilize the massive city workforce to cooperate with Ice,
Speaker 3: and we will keep this case against you on the shelf.
Speaker 3: Is that a form of bribery? I argue in my
Speaker 3: piece this morning that it is a form of bribery.
Speaker 3: It's absolutely illicit. I commend the lawyers to resign. It's
Speaker 3: a terrible thing to have to resign work that you
Speaker 3: love and at which you excel. The resignation was prompted.
Speaker 3: The resignations, there's now eight of them, were prompted by
Speaker 3: the initial one by dan El Sassoon, whom Trump appointed
Speaker 3: to be the acting US Attorney in the Southern District
Speaker 3: of New York. She is a former law clerk for
Speaker 3: Justice antonin Scalia. She's active in the Federalist Society. She's
Speaker 3: a conservative slash libertarian Republican. She's also the best trial
Speaker 3: lawyer they have in that Federal prosecutorial office and Demalist
Speaker 3: Sam Bankman freed in four hours of cross examination in
Speaker 3: that notorious prosecution last year. When she was approached by
Speaker 3: the mayor's lawyers who said, hey, we have a deal.
Speaker 3: The mayor will cooperate with Ice if you dropped this,
Speaker 3: she said absolutely not, absolutely not, whereupon his lawyers went
Speaker 3: over her head to the new management of the Justice Department,
Speaker 3: and they found the deal very appealing. Whereupon the Justice
Speaker 3: Department ordered Danielle to sign papers asked a federal judge
Speaker 3: so dismissed the case. She said she wouldn't, and she
Speaker 3: stated why in an eight page letter, whereupon they said
Speaker 3: sign it anyway. Whereupon she resigned, and seven other lawyers
Speaker 3: involved in the case, he of the directly or from
Speaker 3: an administrative prospective resigned also. Now a federal judge today
Speaker 3: has ordered all these lawyers into his courtroom. I think
Speaker 3: he's going to put them under oaths and have them
Speaker 3: testify to what happened. The mayor's lawyers, of course, denied,
Speaker 3: is acquited for a course. The mayor, by the way,
Speaker 3: is pleaded not guilty and denies the allegations against him.
Speaker 3: According to Danielle says soon and according to the former
Speaker 3: governor of New Jersey and former US Attorney in New Jersey,
Speaker 3: Chris Christie, who says he's seen the evidence, the evidence
Speaker 3: of guilt is overwhelming.
Speaker 1: Wow.
Speaker 3: Charge the charge is bribery, and the charges were the
Speaker 3: investigation was begun under Trump one. So to say that
Speaker 3: this is a political prosecution by the bidendoj is seriously
Speaker 3: to misread all this. So is it bribery? Is it can?
Speaker 3: Can the government bribe a criminal defendant in a bribery case? Found?
Speaker 3: I'm sorry, but this is what happened.
Speaker 2: Well, let me just sort of I don't know that
Speaker 2: this is devil's advocacy. But when you're dealing with a
Speaker 2: criminal and you have sufficient evidence to convict them beyond
Speaker 2: a reasonable doubt in court, if that criminal maybe turned
Speaker 2: state's evidence, like say in a mob case, quite often
Speaker 2: they'll give them liberty. They'll they'll relieve them from any
Speaker 2: charges in return for testimony. Is there is there a
Speaker 2: difference between that scenario. In this scenario, you work with
Speaker 2: us and help us get rid of these bad guys.
Speaker 3: I recognize from all my years in this business that
Speaker 3: the scenario you have described as standard operating procedure. I
Speaker 3: could probably go so far as to say it happens
Speaker 3: every day in every courthouse in the United States. The
Speaker 3: government wants a big fish. They indict the big fish
Speaker 3: and a bunch of little small fishes around him. Then
Speaker 3: they enter into a deal with one or two of
Speaker 3: the small fishes will go easy on you to testify
Speaker 3: against the big fish. If defense council does that. It's
Speaker 3: called witness tampering. Why are the Feds able to get
Speaker 3: away with it? Now? I know that I am in
Speaker 3: an extreme. I don't even know anybody or anybody that
Speaker 3: agrees with me. I extremely him at the a minority
Speaker 3: of one. But that's where we uh, that's where we
Speaker 3: stand today. In the mayor's case, they did the same thing,
Speaker 3: and his chief assistant, his body man, his closest advisor,
Speaker 3: pleaded guilty, and it is prepared to testify him. And
Speaker 3: still they want to put the case on the shelf
Speaker 3: so that the mayor will cooperate with ICE. Cooperation with
Speaker 3: ICE in New York City is a big deal. Is
Speaker 3: he required in the law to cooperate with Ice? No,
Speaker 3: he's not. Can he interfere with Ice? Of course not.
Speaker 3: He can't interfere any more than anybody else can. Can
Speaker 3: he say to the belief to the corrections officers, to
Speaker 3: social services do not help Ice? Yes he can, And
Speaker 3: he was saying that until from one hundred and eighty
Speaker 3: degree a switch. Now ICE is allowed to walk into
Speaker 3: the jails without warrants and say do you speak Spanish?
Speaker 3: How did you get here? The guy can't answer that
Speaker 3: yank him out of the jail, jail and send him
Speaker 3: to Cuba. They go into homeless shelters. They can go
Speaker 3: into any place owned and operated or are controlled by
Speaker 3: the city without a warrant and yank anybody out that
Speaker 3: they want on the basis of their illiteracy and inability
Speaker 3: to prove citizenship because the mayor has suddenly had a
Speaker 3: change of heart. Now, to make this even more complicated,
Speaker 3: under the New York State Constitution, the governor can remove
Speaker 3: the mayor if she believes he is not capable of
Speaker 3: performing his job. And if she removes him, he is
Speaker 3: gone for thirty days, during which she has to hold
Speaker 3: public hearings at which he can testify. But if she
Speaker 3: does remove him, the next person in line isn't even
Speaker 3: a Democrat. This guy's a member of the Working Families Party.
Speaker 3: This is about as hard left a politician as you're
Speaker 3: flying as you'll find. You think he's going to cooperate with.
Speaker 4: Iw York story, but it is profound to show what
Speaker 4: the doj will try and get away with.
Speaker 3: Can a federal judge order to prosecute it's to prosecute,
Speaker 3: of course, not Kenny dismiss it with prejudice, meaning it's
Speaker 3: not on the shelf. They have no sort of damicalies
Speaker 3: over the mayor. Yes he can, Kenny appoint a private
Speaker 3: attorney generallaw a retired or ex federal prosecutor or ex
Speaker 3: federal or state judge to prosecute the case at the
Speaker 3: government's expense. Yes he can. Well.
Speaker 2: And to that point, this is what I was going
Speaker 2: to pivot over to, because in the situation involving doctor
Speaker 2: Fauci's pardon, the presidential pardon only extends the federal crimes,
Speaker 2: and there are a bunch of state ages that are
Speaker 2: looking into it to see if he may have violate
Speaker 2: any state law. So the Department of Justice on a
Speaker 2: federal level says, Okay, we're going to dismiss without prejudice.
Speaker 2: We've got this hanging on the shelf here, any we
Speaker 2: can bring it back anytime he wants. You better damn,
Speaker 2: We'll comply with what we're asking. How about a state
Speaker 2: prosecutor stepping in, because fraud is state law governed by
Speaker 2: state law as well.
Speaker 3: This would be the Manhattan District attorney. You know his name,
Speaker 3: Alvin Bragg. Yeah, it's the same person prosecuted Donald Trump.
Speaker 3: Alvin Bragg is the mayor's up for reelection in twenty
Speaker 3: five this year, Alvin Bragg is up for reelection in
Speaker 3: twenty six. They both appeal to the same liberal base
Speaker 3: in Manhattan. However, he may have very little choice but
Speaker 3: to do this. All he has to do is the
Speaker 3: poena the federal files. Yeah, and he has the tied
Speaker 3: up wrapped up with a bow on top. The Feds
Speaker 3: are ready to go. The local Feds are ready to
Speaker 3: go until the DC.
Speaker 2: Feds came up with this scam and to that end,
Speaker 2: and since the local Feds had this wonderful case, we're
Speaker 2: ready to go to trial and have resigned because of
Speaker 2: the shenanigans going on with the Department of Justice. Are
Speaker 2: they at liberties as sort of just hand those documents
Speaker 2: over to Bragg?
Speaker 3: Well, they're no longer employed, but well, yeah, government the
Speaker 3: liberty to download what's in their brains, and they're at
Speaker 3: liberty their own personal notes. But in terms of the files,
Speaker 3: Bragg would have to subpoena them. I'm sure the Feds
Speaker 3: would resist the subpoena. I don't know how the court
Speaker 3: will rule. Okay, Formally, there is extraordinary cooperation between the
Speaker 3: state and the FEDS. Yes, not all the charges against
Speaker 3: Adams are also state crimes. Some of them are uniquely
Speaker 3: federal crimes. But the main one, bribery, the one that
Speaker 3: the Trump DOJ under Bill Barr began investigating in two
Speaker 3: thoy and nineteen, those are clearly state crimes as well.
Speaker 2: Okay, but now let me but back up. So, theoretically,
Speaker 2: had these folks not resigned, you're saying suggesting that you know,
Speaker 2: regular cooperation between state and feds, and I know that
Speaker 2: happens all the time, they could have turned the files
Speaker 2: over to the state prosecutor before they left, before they quit.
Speaker 3: Yes, absolutely, that may have happened. For all we know,
Speaker 3: I sort of it. That might be an ethical problem
Speaker 3: just turning over file. So though she was the acting
Speaker 3: US attorney. And as you know, the Southern District of
Speaker 3: the York, federal prosecutors in Manhattan are sometimes referred to
Speaker 3: as the Sovereign District of New York because notorious independence
Speaker 3: at e level of independence that the new DOJ apparently resents.
Speaker 2: Jud Jenna Paulaton, I really I'm glad you broke this
Speaker 2: down because I know that I was confusion was swirling
Speaker 2: in my head, and I was not aware of the backstore.
Speaker 2: I know Adams did take a turn in terms of
Speaker 2: his willingness to cooperate, but I never connected the dots
Speaker 2: on the tube. But apparently there's plenty of documents and
Speaker 2: information that would allow everybody to even write it in
Speaker 2: your column. Construct The deal is constructible from the letters
Speaker 2: and emails written between those formally involved with the prosecution
Speaker 2: and the lawyers working on the case on behalf of
Speaker 2: the mayor.
Speaker 3: There