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<v Speaker 1>From the UCUT Trampic Center. You see healthy O fine,

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<v Speaker 1>comprehensive care that's so personal it makes your best tomorrow possible.

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<v Speaker 1>That's boundless care for better outcomes. Expect more at ucehealth

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<v Speaker 1>dot com. Snowy Roadways making for problems. Southbound seventy five

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<v Speaker 1>the latest anks and Andy's at one twenty nine. That's

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<v Speaker 1>banking traffic to the County Butler County rest Area. Southbound

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<v Speaker 1>seventy one break lights from a bub Field journle off

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<v Speaker 1>and onto Red Bank with a couple of rex one

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<v Speaker 1>below two seventy five one a little bit closer to

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<v Speaker 1>Red Bank. Coming up next, It's time to celebrate National

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<v Speaker 1>Drink Wine Day. While you could just pop the cork,

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<v Speaker 1>pour a glass of your favorite veno and listen to

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<v Speaker 1>our next guests, the Judge, and you'd be doing that

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<v Speaker 1>for all the right reaslings, Chuck Ingram on fifty five

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<v Speaker 1>KR see de talk station.

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<v Speaker 2>Can we get a rim shot on that one? All

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<v Speaker 2>the right reastlings right. I was always happy to welcome

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<v Speaker 2>to the fifty five Carrisse Morning Show. My dear friend

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<v Speaker 2>love hearing from and I love. His column comes out

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<v Speaker 2>every Wednesday at midnight. Judge Enitapolton and welcome back to

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<v Speaker 2>the fifty five Case Morning Show.

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<v Speaker 3>Where does he come up with this stuff National red wine?

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<v Speaker 2>Tay, I don't know, you know what, and I bet

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<v Speaker 2>you that's the thing. I bet you it's a thing.

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<v Speaker 2>But where he comes up with it, I don't know.

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<v Speaker 2>I don't know how much time he's got back there

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<v Speaker 2>and his little booth that they never let him out of,

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<v Speaker 2>but certainly enough time to figure out what's going on

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<v Speaker 2>during the day to make up some funny comment about you,

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<v Speaker 2>Judge Nita Polton.

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<v Speaker 3>Why do they never let him out?

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<v Speaker 2>Well, that's because he does traffic for like, I Heart

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<v Speaker 2>Media owns like seven hundred and fifty stations, and I

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<v Speaker 2>think he does traffic for all of them.

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<v Speaker 3>My god, that's.

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<v Speaker 2>An overstatement by far, but he does the Midwest traffic.

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<v Speaker 2>So he's doing traffic reports in Columbus and in Toledo

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<v Speaker 2>and I don't know Chicago whatever. But he's got a

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<v Speaker 2>lot of traffic reports to follow. So he sits in

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<v Speaker 2>a room. I think it's got like twenty different video

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<v Speaker 2>screens in it. So it's an interesting thing he's got

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<v Speaker 2>going on over there.

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<v Speaker 3>Right, It is fascinating.

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<v Speaker 2>Well, anyway, this I am glad. You know, I'm always

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<v Speaker 2>happy with your column. You know, I love what you're right,

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<v Speaker 2>and you and I see eye to eye in terms

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<v Speaker 2>of our political philosophy. We believe in the Constitution. But

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<v Speaker 2>I've been puzzling over how it is that Mayor Eric

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<v Speaker 2>adams prosecution was just suddenly dismissed. I mean, was it

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<v Speaker 2>a trumped upcase that the grand jury got wrong at

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<v Speaker 2>the outset and the federal government said, well, or the

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<v Speaker 2>Department of Justice again, well we can't win on this,

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<v Speaker 2>or was something going on behind the scenes, And apparently

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<v Speaker 2>it was the latter.

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<v Speaker 3>Yes, apparently it was a quid pro quo. And of

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<v Speaker 3>course the rub here that is giving a lawyer's ethical

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<v Speaker 3>heartburn and maybe even criminal exposure, is that it is

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<v Speaker 3>not being dismissed. It's being dismissed without prejudice, which to

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<v Speaker 3>lay people means being put on a shelf to be

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<v Speaker 3>taken off whenever the Feds want. So this is a

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<v Speaker 3>sort of democles. If you will, hanging over the mayor's head,

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<v Speaker 3>you change your policies one hundred and eighty degrees on immigration,

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<v Speaker 3>You mobilize the massive city workforce to cooperate with Ice,

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<v Speaker 3>and we will keep this case against you on the shelf.

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<v Speaker 3>Is that a form of bribery? I argue in my

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<v Speaker 3>piece this morning that it is a form of bribery.

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<v Speaker 3>It's absolutely illicit. I commend the lawyers to resign. It's

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<v Speaker 3>a terrible thing to have to resign work that you

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<v Speaker 3>love and at which you excel. The resignation was prompted.

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<v Speaker 3>The resignations, there's now eight of them, were prompted by

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<v Speaker 3>the initial one by dan El Sassoon, whom Trump appointed

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<v Speaker 3>to be the acting US Attorney in the Southern District

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<v Speaker 3>of New York. She is a former law clerk for

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<v Speaker 3>Justice antonin Scalia. She's active in the Federalist Society. She's

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<v Speaker 3>a conservative slash libertarian Republican. She's also the best trial

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<v Speaker 3>lawyer they have in that Federal prosecutorial office and Demalist

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<v Speaker 3>Sam Bankman freed in four hours of cross examination in

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<v Speaker 3>that notorious prosecution last year. When she was approached by

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<v Speaker 3>the mayor's lawyers who said, hey, we have a deal.

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<v Speaker 3>The mayor will cooperate with Ice if you dropped this,

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<v Speaker 3>she said absolutely not, absolutely not, whereupon his lawyers went

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<v Speaker 3>over her head to the new management of the Justice Department,

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<v Speaker 3>and they found the deal very appealing. Whereupon the Justice

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<v Speaker 3>Department ordered Danielle to sign papers asked a federal judge

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<v Speaker 3>so dismissed the case. She said she wouldn't, and she

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<v Speaker 3>stated why in an eight page letter, whereupon they said

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<v Speaker 3>sign it anyway. Whereupon she resigned, and seven other lawyers

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<v Speaker 3>involved in the case, he of the directly or from

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<v Speaker 3>an administrative prospective resigned also. Now a federal judge today

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<v Speaker 3>has ordered all these lawyers into his courtroom. I think

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<v Speaker 3>he's going to put them under oaths and have them

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<v Speaker 3>testify to what happened. The mayor's lawyers, of course, denied,

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<v Speaker 3>is acquited for a course. The mayor, by the way,

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<v Speaker 3>is pleaded not guilty and denies the allegations against him.

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<v Speaker 3>According to Danielle says soon and according to the former

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<v Speaker 3>governor of New Jersey and former US Attorney in New Jersey,

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<v Speaker 3>Chris Christie, who says he's seen the evidence, the evidence

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<v Speaker 3>of guilt is overwhelming.

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<v Speaker 1>Wow.

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<v Speaker 3>Charge the charge is bribery, and the charges were the

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<v Speaker 3>investigation was begun under Trump one. So to say that

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<v Speaker 3>this is a political prosecution by the bidendoj is seriously

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<v Speaker 3>to misread all this. So is it bribery? Is it can?

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<v Speaker 3>Can the government bribe a criminal defendant in a bribery case? Found?

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<v Speaker 3>I'm sorry, but this is what happened.

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<v Speaker 2>Well, let me just sort of I don't know that

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<v Speaker 2>this is devil's advocacy. But when you're dealing with a

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<v Speaker 2>criminal and you have sufficient evidence to convict them beyond

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<v Speaker 2>a reasonable doubt in court, if that criminal maybe turned

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<v Speaker 2>state's evidence, like say in a mob case, quite often

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<v Speaker 2>they'll give them liberty. They'll they'll relieve them from any

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<v Speaker 2>charges in return for testimony. Is there is there a

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<v Speaker 2>difference between that scenario. In this scenario, you work with

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<v Speaker 2>us and help us get rid of these bad guys.

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<v Speaker 3>I recognize from all my years in this business that

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<v Speaker 3>the scenario you have described as standard operating procedure. I

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<v Speaker 3>could probably go so far as to say it happens

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<v Speaker 3>every day in every courthouse in the United States. The

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<v Speaker 3>government wants a big fish. They indict the big fish

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<v Speaker 3>and a bunch of little small fishes around him. Then

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<v Speaker 3>they enter into a deal with one or two of

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<v Speaker 3>the small fishes will go easy on you to testify

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<v Speaker 3>against the big fish. If defense council does that. It's

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<v Speaker 3>called witness tampering. Why are the Feds able to get

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<v Speaker 3>away with it? Now? I know that I am in

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<v Speaker 3>an extreme. I don't even know anybody or anybody that

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<v Speaker 3>agrees with me. I extremely him at the a minority

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<v Speaker 3>of one. But that's where we uh, that's where we

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<v Speaker 3>stand today. In the mayor's case, they did the same thing,

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<v Speaker 3>and his chief assistant, his body man, his closest advisor,

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<v Speaker 3>pleaded guilty, and it is prepared to testify him. And

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<v Speaker 3>still they want to put the case on the shelf

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<v Speaker 3>so that the mayor will cooperate with ICE. Cooperation with

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<v Speaker 3>ICE in New York City is a big deal. Is

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<v Speaker 3>he required in the law to cooperate with Ice? No,

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<v Speaker 3>he's not. Can he interfere with Ice? Of course not.

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<v Speaker 3>He can't interfere any more than anybody else can. Can

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<v Speaker 3>he say to the belief to the corrections officers, to

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<v Speaker 3>social services do not help Ice? Yes he can, And

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<v Speaker 3>he was saying that until from one hundred and eighty

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<v Speaker 3>degree a switch. Now ICE is allowed to walk into

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<v Speaker 3>the jails without warrants and say do you speak Spanish?

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<v Speaker 3>How did you get here? The guy can't answer that

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<v Speaker 3>yank him out of the jail, jail and send him

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<v Speaker 3>to Cuba. They go into homeless shelters. They can go

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<v Speaker 3>into any place owned and operated or are controlled by

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<v Speaker 3>the city without a warrant and yank anybody out that

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<v Speaker 3>they want on the basis of their illiteracy and inability

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<v Speaker 3>to prove citizenship because the mayor has suddenly had a

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<v Speaker 3>change of heart. Now, to make this even more complicated,

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<v Speaker 3>under the New York State Constitution, the governor can remove

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<v Speaker 3>the mayor if she believes he is not capable of

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<v Speaker 3>performing his job. And if she removes him, he is

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<v Speaker 3>gone for thirty days, during which she has to hold

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<v Speaker 3>public hearings at which he can testify. But if she

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<v Speaker 3>does remove him, the next person in line isn't even

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<v Speaker 3>a Democrat. This guy's a member of the Working Families Party.

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<v Speaker 3>This is about as hard left a politician as you're

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<v Speaker 3>flying as you'll find. You think he's going to cooperate with.

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<v Speaker 4>Iw York story, but it is profound to show what

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<v Speaker 4>the doj will try and get away with.

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<v Speaker 3>Can a federal judge order to prosecute it's to prosecute,

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<v Speaker 3>of course, not Kenny dismiss it with prejudice, meaning it's

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<v Speaker 3>not on the shelf. They have no sort of damicalies

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<v Speaker 3>over the mayor. Yes he can, Kenny appoint a private

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<v Speaker 3>attorney generallaw a retired or ex federal prosecutor or ex

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<v Speaker 3>federal or state judge to prosecute the case at the

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<v Speaker 3>government's expense. Yes he can. Well.

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<v Speaker 2>And to that point, this is what I was going

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<v Speaker 2>to pivot over to, because in the situation involving doctor

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<v Speaker 2>Fauci's pardon, the presidential pardon only extends the federal crimes,

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<v Speaker 2>and there are a bunch of state ages that are

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<v Speaker 2>looking into it to see if he may have violate

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<v Speaker 2>any state law. So the Department of Justice on a

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<v Speaker 2>federal level says, Okay, we're going to dismiss without prejudice.

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<v Speaker 2>We've got this hanging on the shelf here, any we

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<v Speaker 2>can bring it back anytime he wants. You better damn,

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<v Speaker 2>We'll comply with what we're asking. How about a state

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<v Speaker 2>prosecutor stepping in, because fraud is state law governed by

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<v Speaker 2>state law as well.

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<v Speaker 3>This would be the Manhattan District attorney. You know his name,

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<v Speaker 3>Alvin Bragg. Yeah, it's the same person prosecuted Donald Trump.

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<v Speaker 3>Alvin Bragg is the mayor's up for reelection in twenty

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<v Speaker 3>five this year, Alvin Bragg is up for reelection in

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<v Speaker 3>twenty six. They both appeal to the same liberal base

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<v Speaker 3>in Manhattan. However, he may have very little choice but

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<v Speaker 3>to do this. All he has to do is the

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<v Speaker 3>poena the federal files. Yeah, and he has the tied

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<v Speaker 3>up wrapped up with a bow on top. The Feds

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<v Speaker 3>are ready to go. The local Feds are ready to

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<v Speaker 3>go until the DC.

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<v Speaker 2>Feds came up with this scam and to that end,

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<v Speaker 2>and since the local Feds had this wonderful case, we're

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<v Speaker 2>ready to go to trial and have resigned because of

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<v Speaker 2>the shenanigans going on with the Department of Justice. Are

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<v Speaker 2>they at liberties as sort of just hand those documents

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<v Speaker 2>over to Bragg?

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<v Speaker 3>Well, they're no longer employed, but well, yeah, government the

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<v Speaker 3>liberty to download what's in their brains, and they're at

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<v Speaker 3>liberty their own personal notes. But in terms of the files,

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<v Speaker 3>Bragg would have to subpoena them. I'm sure the Feds

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<v Speaker 3>would resist the subpoena. I don't know how the court

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<v Speaker 3>will rule. Okay, Formally, there is extraordinary cooperation between the

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<v Speaker 3>state and the FEDS. Yes, not all the charges against

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<v Speaker 3>Adams are also state crimes. Some of them are uniquely

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<v Speaker 3>federal crimes. But the main one, bribery, the one that

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<v Speaker 3>the Trump DOJ under Bill Barr began investigating in two

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<v Speaker 3>thoy and nineteen, those are clearly state crimes as well.

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<v Speaker 2>Okay, but now let me but back up. So, theoretically,

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<v Speaker 2>had these folks not resigned, you're saying suggesting that you know,

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<v Speaker 2>regular cooperation between state and feds, and I know that

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<v Speaker 2>happens all the time, they could have turned the files

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<v Speaker 2>over to the state prosecutor before they left, before they quit.

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<v Speaker 3>Yes, absolutely, that may have happened. For all we know,

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<v Speaker 3>I sort of it. That might be an ethical problem

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<v Speaker 3>just turning over file. So though she was the acting

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<v Speaker 3>US attorney. And as you know, the Southern District of

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<v Speaker 3>the York, federal prosecutors in Manhattan are sometimes referred to

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<v Speaker 3>as the Sovereign District of New York because notorious independence

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<v Speaker 3>at e level of independence that the new DOJ apparently resents.

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<v Speaker 2>Jud Jenna Paulaton, I really I'm glad you broke this

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<v Speaker 2>down because I know that I was confusion was swirling

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<v Speaker 2>in my head, and I was not aware of the backstore.

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<v Speaker 2>I know Adams did take a turn in terms of

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<v Speaker 2>his willingness to cooperate, but I never connected the dots

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<v Speaker 2>on the tube. But apparently there's plenty of documents and

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<v Speaker 2>information that would allow everybody to even write it in

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<v Speaker 2>your column. Construct The deal is constructible from the letters

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<v Speaker 2>and emails written between those formally involved with the prosecution

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<v Speaker 2>and the lawyers working on the case on behalf of

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<v Speaker 2>the mayor.

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<v Speaker 3>There