WEBVTT 1 00:00:01.800 --> 00:00:06.000 Well Whiskey coming thing money. 2 00:00:11.480 --> 00:00:15.439 From power Line blog dot com and produced by Ricochet 3 00:00:15.480 --> 00:00:20.399 dot Com. This is the Three Whiskey Happy Hour with 4 00:00:20.519 --> 00:00:26.120 your bartenders, Steve Hayward, John You and power Lines International 5 00:00:26.160 --> 00:00:29.239 Woman of Mystery Lucretia Cat. 6 00:00:29.120 --> 00:00:33.439 You gotta give me let that whiskey bloon where you're 7 00:00:33.520 --> 00:00:41.960 being in love down hellon. Welcome everybody to what will 8 00:00:42.000 --> 00:00:45.320 soon be part of the very best of the Three 9 00:00:45.320 --> 00:00:50.399 Whiskey Happy Hour series. Because we are steveless, Steveless at last. 10 00:00:51.000 --> 00:00:54.320 You may remember, dear dear listeners, that I got on 11 00:00:54.359 --> 00:00:58.320 this podcast because Steve Hayward went on some drinking tour 12 00:00:58.399 --> 00:01:02.840 of Scotland and Ireland, and in his absence, I elbowed 13 00:01:02.840 --> 00:01:04.799 my way in and tell, let me tell it's not 14 00:01:04.840 --> 00:01:08.079 easy to elbow way your way past. Steve Hayward by 15 00:01:08.280 --> 00:01:12.079 elbowed my way in and took his seat on the podcast, 16 00:01:12.280 --> 00:01:15.640 and they have been unable to get me out ever since. 17 00:01:16.040 --> 00:01:19.599 I'm like a tick on a dog. I'm never giving 18 00:01:19.680 --> 00:01:23.319 up this co hosting job. This is John You and 19 00:01:23.400 --> 00:01:27.239 I am joined as always by the International Woman of Mystery, 20 00:01:27.879 --> 00:01:31.000 Woman of Mystery Lucretia, and we are without Steve Hayward, 21 00:01:31.000 --> 00:01:35.799 who is off gallivanting. I think Iceland or Greenlander somewhere. 22 00:01:36.879 --> 00:01:38.799 So what's a just a head. 23 00:01:38.840 --> 00:01:43.359 He's a float and starlink has failed him. He's on 24 00:01:43.519 --> 00:01:45.959 the ocean and starlink has failed him. I'm a little 25 00:01:46.000 --> 00:01:48.879 disappointed with Elon Musk, but it does mean that we 26 00:01:49.000 --> 00:01:52.760 get to have an entire podcast John without any lame 27 00:01:53.040 --> 00:01:58.480 or inapt inapt historical analogies because analogy man is not here. 28 00:01:59.560 --> 00:02:02.760 And no name dropping, right, no name dropping. 29 00:02:02.879 --> 00:02:06.959 Now it's funny how you can do it because you know, 30 00:02:07.040 --> 00:02:09.639 you know a lot more important people than Steve does. 31 00:02:09.680 --> 00:02:12.879 He'd never admit it, but there's you have a way 32 00:02:12.879 --> 00:02:15.080 of doing it without it sounding like you're being a 33 00:02:15.080 --> 00:02:18.719 pretentious name dropper. I hope Steve's listening because I hate 34 00:02:18.719 --> 00:02:19.840 to talk behind his back. 35 00:02:20.759 --> 00:02:24.120 Oh no, we remember we rely on Steve actually to 36 00:02:24.960 --> 00:02:26.199 produce the show and post. 37 00:02:26.400 --> 00:02:26.960 Oh there's that. 38 00:02:30.120 --> 00:02:33.360 Oh well, we have a great show today, a lot 39 00:02:33.400 --> 00:02:35.800 of I mean, gosh, every week it seems like more 40 00:02:35.840 --> 00:02:41.479 and more happens. So let's start with the latest in 41 00:02:41.520 --> 00:02:46.240 the law Fair campaigns. Today, this is Friday, were recording 42 00:02:46.879 --> 00:02:50.840 Judge Wan mar Shaan in New York City, just announced 43 00:02:50.879 --> 00:02:54.319 that he was going to delay the sentencing of Donald 44 00:02:54.360 --> 00:02:58.000 Trump from in September. It was just to be about 45 00:02:58.000 --> 00:03:00.240 a week and a half from now, from then until 46 00:03:00.280 --> 00:03:05.919 November twenty six, and he said in explaining his decision 47 00:03:06.240 --> 00:03:09.199 that he didn't want people to get the impression that 48 00:03:09.240 --> 00:03:12.520 the court was making any decisions with an eye to 49 00:03:12.560 --> 00:03:18.520 the political consequences or the effects on the race, and 50 00:03:18.599 --> 00:03:22.919 so therefore he decided to push sentencing off to November. 51 00:03:24.360 --> 00:03:28.520 Not completely related, but in this general vein. Also Hunter Biden, 52 00:03:28.840 --> 00:03:32.759 out of nowhere yesterday decided to pleat guilty, And not 53 00:03:32.800 --> 00:03:35.159 only did he plead guilty, but he played guilty with 54 00:03:35.199 --> 00:03:39.280 no plea, no deal from the Justice Department. He just 55 00:03:39.319 --> 00:03:45.919 wanted to avoid a trial. Which they leaves me with 56 00:03:46.039 --> 00:03:48.960 the question to ask you, lupretia, what is going on 57 00:03:49.080 --> 00:03:53.159 with the law fair campaign against President Trump? What's the 58 00:03:53.400 --> 00:03:54.639 larger meaning of all this. 59 00:03:56.319 --> 00:04:01.039 Let's talk about Hunter for a moment. I'm a little 60 00:04:01.080 --> 00:04:06.639 surprised that even the appearance of their corruption was enough 61 00:04:07.280 --> 00:04:09.840 egg on their face for the prosecutors to stand as 62 00:04:09.879 --> 00:04:13.840 firm as they did. But they did, and they stood firm. 63 00:04:14.680 --> 00:04:19.759 Remember that Hunt, excuse me, Hunter actually pled an Alfred plea, 64 00:04:19.920 --> 00:04:22.480 I'd let you explain that to our listeners, but that 65 00:04:22.600 --> 00:04:25.480 just means you plead guilty, but I'm really innocent kind 66 00:04:25.519 --> 00:04:31.519 of thing. And the prosecutors wouldn't accept even that because 67 00:04:32.040 --> 00:04:34.000 and so they had to go out for three hours 68 00:04:34.040 --> 00:04:37.399 and they came back and then they read for ninety minutes, 69 00:04:37.439 --> 00:04:40.480 I'm told, the fifty six page indictment that included a 70 00:04:40.480 --> 00:04:43.839 whole lot of stuff about where Hunter got his money, 71 00:04:44.120 --> 00:04:47.160 which quite by the way, the judge not necessarily said 72 00:04:47.279 --> 00:04:51.160 was relevant to the case, but they read it anyway, 73 00:04:51.759 --> 00:04:58.759 making Abby Lowell very angry about everything. I'm sorry, sorry 74 00:04:58.759 --> 00:05:02.560 about that. I thought it was off. And so then 75 00:05:02.680 --> 00:05:05.120 Hunter just came back and said, okay, I plead guilty 76 00:05:05.160 --> 00:05:07.439 to all of it. After to each one of the counts. 77 00:05:07.480 --> 00:05:09.639 How many counts was it seven or nine? Seven? 78 00:05:11.319 --> 00:05:14.519 A lot? Three were felony counts. That's the ones that matter. 79 00:05:14.600 --> 00:05:17.560 The three were felony counts with jail time attached. 80 00:05:17.639 --> 00:05:20.560 And he could get a million dollar fine in seventeen 81 00:05:20.639 --> 00:05:22.439 years in jail on this one. Is that right? 82 00:05:23.759 --> 00:05:25.720 I think yeah, if you add it all up, it's 83 00:05:25.759 --> 00:05:28.600 definitely more than ten years. Although you would think he 84 00:05:28.600 --> 00:05:30.120 wouldn't get it, but you never know. 85 00:05:30.519 --> 00:05:33.399 You never know. So there's my first question before we 86 00:05:33.439 --> 00:05:42.920 go back to Trump. Do we does Hunter's conviction in 87 00:05:43.000 --> 00:05:46.399 the tax for tax fraud case, that is, pleading guilty 88 00:05:46.439 --> 00:05:49.920 to the tax failure to file his income tax and 89 00:05:50.079 --> 00:05:53.879 failure to pay his income tax. Does that go back 90 00:05:53.879 --> 00:05:57.879 to the lying about being a drug addict on the 91 00:05:57.920 --> 00:06:02.319 weapons form conviction. Everyone says it could have. I think 92 00:06:02.360 --> 00:06:04.399 it's a twenty five year up to twenty five years 93 00:06:04.399 --> 00:06:07.560 in prison, but he wouldn't get it because it, you know, 94 00:06:07.639 --> 00:06:12.079 first time offender and so on. Does either judge add 95 00:06:12.079 --> 00:06:16.040 those two things together to look at sentencing? So he 96 00:06:16.240 --> 00:06:19.399 wasn't a convicted felon in the first case, now he's 97 00:06:19.399 --> 00:06:22.199 a convicted felon in the second case. I mean prior, 98 00:06:22.360 --> 00:06:25.959 I'm saying prior. Does either judge look at the fact 99 00:06:26.000 --> 00:06:29.399 that he's been convicted now of two separate in two 100 00:06:29.399 --> 00:06:33.279 separate felony trials to say he's really not a first 101 00:06:33.279 --> 00:06:34.879 time offender. Does that make sense? 102 00:06:35.680 --> 00:06:39.360 Yeah? No, I believe what you're asking about is extremely 103 00:06:39.399 --> 00:06:44.600 important because under the sentence so the there's a system 104 00:06:44.639 --> 00:06:49.480 called the sentencing guidelines which control all sentencing for federal crimes, 105 00:06:50.040 --> 00:06:54.040 and if it's your first time offense you are, you 106 00:06:54.079 --> 00:06:58.120 are more leniently sentenced than if you are already a 107 00:06:58.160 --> 00:07:03.480 convicted felon, which has long been the practice in throughout 108 00:07:03.480 --> 00:07:07.720 the country. And this is a familiar practice in most 109 00:07:07.720 --> 00:07:10.560 states too, I would think. And so all right, if 110 00:07:10.600 --> 00:07:13.319 you think about the famous California three strikes and you're out, 111 00:07:13.519 --> 00:07:18.319 that's just a tough version of if you're a former felon, 112 00:07:18.399 --> 00:07:21.680 you'd get sentenced to longer rather than your first time. 113 00:07:22.160 --> 00:07:25.199 And so I believe the way it would work is 114 00:07:25.240 --> 00:07:27.720 that the and this is why I think part of 115 00:07:27.759 --> 00:07:30.519 the reason Hunter was going to trial in LA is 116 00:07:30.560 --> 00:07:35.160 that he was convicted first in Delaware of the firearms charge. 117 00:07:36.800 --> 00:07:39.240 He might get no jail time for that, who knows, 118 00:07:39.839 --> 00:07:43.079 but he would definitely get jail time in LA because 119 00:07:43.959 --> 00:07:46.160 by the time he gets to LA, he is now 120 00:07:46.360 --> 00:07:50.560 a convicted felt and so I don't think it counts 121 00:07:50.560 --> 00:07:53.759 in Delaware, but he counts in LA, and so he should. 122 00:07:54.000 --> 00:07:56.759 I you know, I was on a show yesterday right 123 00:07:56.800 --> 00:07:59.720 when this was coming out, and I was like, this 124 00:07:59.800 --> 00:08:04.120 is crazy, because you know, Hunter basically just wasted everybody's 125 00:08:04.160 --> 00:08:07.800 time right by deciding to plead guilty with no deal. 126 00:08:08.199 --> 00:08:10.000 I mean, he could have done that. He would have 127 00:08:10.000 --> 00:08:12.040 been better off months and months ago trying to get 128 00:08:12.040 --> 00:08:16.199 a plea bargain. But now he's opened himself up to 129 00:08:16.240 --> 00:08:19.199 going to jail. I can't imagine he won't have to 130 00:08:19.240 --> 00:08:22.680 serve a jail sentence. One, and the second point is 131 00:08:23.439 --> 00:08:25.519 I think he's doing it on the assumption he's going 132 00:08:25.560 --> 00:08:28.800 to get a pardon or a commutation of his sentence 133 00:08:28.839 --> 00:08:32.960 from his father, because otherwise where if he really doesn't 134 00:08:32.960 --> 00:08:36.440 want to serve jail time, then he should go to trial, 135 00:08:36.759 --> 00:08:40.000 right Like, I don't understand what changed, right, The only 136 00:08:40.039 --> 00:08:42.480 thing that changed was that his father withdrew from the 137 00:08:42.480 --> 00:08:48.200 presidential election, And so I could read that in Hunter's 138 00:08:48.240 --> 00:08:50.919 camp as, oh, well, now that he's not a candidate anymore, 139 00:08:50.960 --> 00:08:53.480 he doesn't have to keep that promise about not pardoning 140 00:08:53.519 --> 00:08:53.879 his son. 141 00:08:54.639 --> 00:08:56.759 Who's going to be He says he's going to, But 142 00:08:56.799 --> 00:09:00.360 he's broken a lot of promises before. If the judge 143 00:09:00.399 --> 00:09:05.120 had really wanted to put it to Hunter, he could 144 00:09:05.159 --> 00:09:12.240 have made the sentencing date in January. And then you 145 00:09:12.279 --> 00:09:17.320 know that you have to wonder. Scarcey, the judge in 146 00:09:17.360 --> 00:09:22.399 the case, didn't seem to be totally uh uh biased 147 00:09:22.440 --> 00:09:25.600 and against Hunter in any way, he seemed to be 148 00:09:25.679 --> 00:09:26.399 mostly fair. 149 00:09:26.720 --> 00:09:30.679 I guess he was just going by the book as 150 00:09:30.679 --> 00:09:31.679 far as I could tell. 151 00:09:32.000 --> 00:09:37.279 Right, But he could have actually made January rather than 152 00:09:38.000 --> 00:09:42.759 December the date. What what determines how long out judges 153 00:09:42.840 --> 00:09:45.240 actually set sentencing? Why do that? Why did they not 154 00:09:45.320 --> 00:09:47.639 sentence at the same time? What's what's the reason? 155 00:09:48.159 --> 00:09:51.879 Like in the movies, Like in the movies, verdict and 156 00:09:51.919 --> 00:09:55.399 then you're here. You are sent as a hang by 157 00:09:55.480 --> 00:09:59.480 the neck until dead or whatever dead And those were 158 00:09:59.519 --> 00:10:04.720 the good old days. So the thing is then you 159 00:10:04.720 --> 00:10:09.120 you wait often for a report. Right, there's a probation office. 160 00:10:09.559 --> 00:10:13.879 They make a recommendation the plank to the prosecution, and 161 00:10:13.919 --> 00:10:18.000 the defendant make their own recommendations to the judge about 162 00:10:18.039 --> 00:10:21.120 what the sentence should be. The sentencing could be its 163 00:10:21.120 --> 00:10:24.080 own little mini trial. The worst examples of this are 164 00:10:24.120 --> 00:10:26.960 death penalty cases where the Supreme Court has said, you 165 00:10:27.039 --> 00:10:30.559 must have a second proceeding to go into you know, 166 00:10:30.600 --> 00:10:34.919 whether the killer was you know, subject to abuse as 167 00:10:34.960 --> 00:10:35.919 a child, and that. 168 00:10:36.559 --> 00:10:38.440 So mitigating circumstances. 169 00:10:38.759 --> 00:10:41.240 Oh my gosh, you know all the words. I'm sorry 170 00:10:41.360 --> 00:10:44.200 to hear that, Yeah, you have new bottance was called 171 00:10:44.240 --> 00:10:50.200 mitigating versus aggravating fact aggravating Yep, souh that that could 172 00:10:50.279 --> 00:10:52.879 that that's why you don't have sentencing anymore right away 173 00:10:52.919 --> 00:10:55.279 like you see in the old days. You have this 174 00:10:55.600 --> 00:10:59.120 almost like this second procedure. Uh. So you'll you'll see 175 00:10:59.159 --> 00:11:02.080 more arguing about and that'll be another sign about whether 176 00:11:02.159 --> 00:11:05.840 Hunter expects to be pardoned, because they really push hard 177 00:11:06.080 --> 00:11:09.360 for a lower sentence. Maybe they don't think he's gonna 178 00:11:09.399 --> 00:11:12.360 get a pardon. If they're like, ah, we don't care, 179 00:11:12.399 --> 00:11:15.279 just like this trial going and say I don't care enough. 180 00:11:15.320 --> 00:11:17.600 I'm not even asking for a deal. I'm just gonna 181 00:11:17.639 --> 00:11:22.080 plead guilty. I mean, I can't even remember the last 182 00:11:22.080 --> 00:11:25.200 time I saw something that like that. That seems to me, 183 00:11:25.320 --> 00:11:27.879 the sort of capricious nature of it seems to me 184 00:11:27.919 --> 00:11:31.240 to suggest, oh, Hunter thinks he's getting a pardon or 185 00:11:31.240 --> 00:11:32.559 he's going to get a commuted something. 186 00:11:32.639 --> 00:11:35.840 So maybe we look at this like that scene in Godfather. 187 00:11:35.919 --> 00:11:38.200 We always like to bring Godfather back into this when 188 00:11:38.720 --> 00:11:42.879 we're discussing the corrupt nature of our legal system. 189 00:11:43.399 --> 00:11:48.120 Maybe apparently Nancy Pelosi's favorite movie. 190 00:11:50.159 --> 00:11:53.639 I have no comment the scene where they convince the 191 00:11:53.720 --> 00:11:57.279 guy that they'll take care of his family for the 192 00:11:57.279 --> 00:11:59.759 rest of his life if he doesn't testify, and he 193 00:12:00.039 --> 00:12:02.039 you know, he slits his hands, he slits his wrists 194 00:12:02.039 --> 00:12:06.360 in the bathtub. Maybe Hunter has been promised something that 195 00:12:06.600 --> 00:12:13.159 isn't necessarily a pardon from his father or a pardon 196 00:12:13.200 --> 00:12:15.559 from Harris. I guess, I guess Kamala and ding Dong 197 00:12:15.639 --> 00:12:18.320 says she's not going to but who knows. But maybe 198 00:12:18.320 --> 00:12:20.759 it just means that if he does go to jail 199 00:12:20.759 --> 00:12:23.840 for a short amount of time, it didn't bring all 200 00:12:23.879 --> 00:12:26.799 of the corruption of the Biden crime family out in 201 00:12:26.879 --> 00:12:30.080 the trial in public, which it could have done. And 202 00:12:30.720 --> 00:12:33.120 maybe you know that, since we know you even told 203 00:12:33.120 --> 00:12:34.840 me this, and I'm still shocked about it when I 204 00:12:34.879 --> 00:12:38.480 think about it, that you can divert ill gotten gains 205 00:12:38.519 --> 00:12:43.399 through your family members and almost always avoid any kind 206 00:12:43.440 --> 00:12:46.960 of criminal liability for doing so. We know that the 207 00:12:46.960 --> 00:12:49.320 Biden Cried family has done that because we know they've 208 00:12:49.320 --> 00:12:51.080 got all these shell companies that have you know, they've 209 00:12:51.240 --> 00:12:55.000 they've funneled money off to grandchildren and so on. Maybe 210 00:12:54.759 --> 00:12:59.240 the deal is for Hunter from the DOJ is we 211 00:12:59.279 --> 00:13:02.679 won't go after that money if you plead guilty. And 212 00:13:03.240 --> 00:13:06.399 I don't know, I'm just speculating about why he would 213 00:13:06.440 --> 00:13:09.120 do this if his father's promising not to pardon him 214 00:13:09.200 --> 00:13:10.080 or commut a sentence. 215 00:13:11.399 --> 00:13:14.679 Yeah. I mean, we'll always wonder what things are said 216 00:13:14.720 --> 00:13:18.320 to Biden and his family in the days leading up 217 00:13:18.360 --> 00:13:22.200 to his withdrawal from the race. And you wonder was 218 00:13:22.279 --> 00:13:27.080 there some kind of understanding that if he withdrew in 219 00:13:27.080 --> 00:13:31.240 favor of Harris that now this is actually where Steve 220 00:13:31.240 --> 00:13:34.000 would jump in because he was around for the Ford 221 00:13:34.000 --> 00:13:39.799 administration apparently. But remember Ford actually was investigated by Congress 222 00:13:39.840 --> 00:13:45.320 because the Democratic Congress then accused Ford of making a 223 00:13:45.399 --> 00:13:51.200 deal to become president and exchange pardon Nixon and Ford. 224 00:13:51.440 --> 00:13:53.720 I think under oath said no, that wasn't true, and 225 00:13:53.759 --> 00:13:55.960 that was accepted. But there were some people who thought 226 00:13:56.000 --> 00:13:58.840 at the time that's what was going on with Nixon 227 00:13:58.879 --> 00:13:59.320 and Ford. 228 00:14:00.360 --> 00:14:02.200 There are other people I might have believed that of 229 00:14:02.320 --> 00:14:04.200 even if they swore under oath that they didn't. But 230 00:14:04.720 --> 00:14:08.960 you know, all else being equal, Ford Ford acted pretty 231 00:14:09.000 --> 00:14:11.200 admirably in the whole thing he did that he said 232 00:14:11.399 --> 00:14:14.000 that our national nightmare is over. You know, his speech 233 00:14:14.039 --> 00:14:17.399 about it was was compelling. In my view, I have 234 00:14:17.480 --> 00:14:21.039 a hard time. I see Abby Lowell, I see even 235 00:14:21.120 --> 00:14:26.919 Hunter himself pretending that they have been equally concerned not 236 00:14:27.000 --> 00:14:30.639 only about their family, but about you the damage it 237 00:14:30.679 --> 00:14:32.559 will do to the country if all of this has 238 00:14:32.600 --> 00:14:35.240 aired out. Yeah, give me a break. And then, of course, 239 00:14:35.320 --> 00:14:38.120 on top of that, where some political had an article 240 00:14:38.120 --> 00:14:40.919 this morning, it just made me want to scream saying that, 241 00:14:42.320 --> 00:14:45.720 you know, poor Joe the only thing, the real reason 242 00:14:45.840 --> 00:14:48.799 that he dropped out of the race. It wasn't because 243 00:14:48.840 --> 00:14:51.559 he's senile, and it wasn't because his polls were dropping. 244 00:14:51.559 --> 00:14:55.480 It was because he thought maybe this would end the 245 00:14:56.639 --> 00:14:59.159 unfair persecution of his son Hunter. 246 00:15:00.080 --> 00:15:02.919 Unfair persecution by his own justice department. 247 00:15:02.519 --> 00:15:05.559 By his own Justice department. Yeah, I know, I know, 248 00:15:05.840 --> 00:15:10.399 but oh man. Anyway, So speaking of that, so our 249 00:15:10.440 --> 00:15:14.320 friend merch On did what I said, by the way, 250 00:15:14.360 --> 00:15:16.840 and you guys laughed at me, and you said, Andy 251 00:15:16.879 --> 00:15:19.759 McCarthy says he's going to sentence Trump too, But he didn't. 252 00:15:20.799 --> 00:15:22.120 Yeah, didn't sentence Trump. 253 00:15:22.320 --> 00:15:26.000 Or he's delayed the sentencing of Trump until. 254 00:15:26.200 --> 00:15:29.159 What is it, November twenty six? 255 00:15:29.519 --> 00:15:32.360 November twenty six, so the day before the two days 256 00:15:32.360 --> 00:15:36.960 before Thanksgiving Thanksgiving week, and that's after the election, so 257 00:15:37.080 --> 00:15:41.960 that's significant. Why do you suppose that happened? Why do 258 00:15:42.000 --> 00:15:45.080 you suppose that even though let me actually before I 259 00:15:45.120 --> 00:15:48.000 ask you that, let me throw something at you. A 260 00:15:48.039 --> 00:15:51.159 couple of us were speculating earlier in the week that 261 00:15:51.759 --> 00:15:54.919 the smart thing for merch On to do, given everything 262 00:15:54.960 --> 00:15:58.960 you guys said about why he will sentence Trump, would 263 00:15:59.000 --> 00:16:02.639 have been to levy a big fine against him then 264 00:16:02.720 --> 00:16:05.159 he could and I'm a little surprised he didn't do that. 265 00:16:05.240 --> 00:16:08.559 So let's say he'd levied a huge fine against Trump 266 00:16:08.600 --> 00:16:11.440 but didn't have any jail time. Said, look, this is 267 00:16:11.480 --> 00:16:14.279 how it would be done in any other case. Because 268 00:16:14.320 --> 00:16:17.679 the defendant doesn't have a criminal history, so big fine. 269 00:16:18.440 --> 00:16:21.720 He's then convicted, everybody can say he's a convicted felon, 270 00:16:22.360 --> 00:16:26.080 and then the items on appeal have to work out 271 00:16:26.639 --> 00:16:30.759 later that I'm very surprised he didn't do that, and 272 00:16:30.799 --> 00:16:33.000 I have my reasons, but I think you probably understand 273 00:16:33.080 --> 00:16:36.720 better than me. Why do you suppose Murchon didn't decide 274 00:16:36.759 --> 00:16:38.159 to sentence him next week? 275 00:16:40.000 --> 00:16:42.440 I think this shows I think, first of all, I 276 00:16:42.480 --> 00:16:45.879 think it is the right decision, but it shows how 277 00:16:45.919 --> 00:16:49.799 political this judge was the whole time, because in the 278 00:16:49.919 --> 00:16:53.639 letter he sent to the parties, he says something like, 279 00:16:54.399 --> 00:16:57.799 I don't want I am going to delay the sentencing 280 00:16:58.080 --> 00:17:00.840 till after the election, because I don't want people to 281 00:17:00.919 --> 00:17:06.519 think that the decisions of this court have been politically motivated. Well, 282 00:17:06.519 --> 00:17:09.759 by doing this, you're showing that you're paying attention to 283 00:17:09.839 --> 00:17:13.039 the election calendar. And then the question is, if you 284 00:17:13.960 --> 00:17:18.119 are going to delay the sentencing because you're worried about 285 00:17:18.160 --> 00:17:21.839 the effect on the election, why aren't you making decisions 286 00:17:21.920 --> 00:17:23.880 about all the other things that you have to do 287 00:17:25.279 --> 00:17:28.680 and push the trial until after the election. He rushed 288 00:17:28.680 --> 00:17:32.079 the trial to get to a verdict before the election, 289 00:17:33.000 --> 00:17:37.480 and he's refusing to obey the Supreme Court's immunity decision, 290 00:17:38.119 --> 00:17:41.200 which I think requires a new trial. Well, and so 291 00:17:41.319 --> 00:17:45.119 he should decide that now. But he's going to, I think, 292 00:17:45.480 --> 00:17:49.039 decide that after the election too, which I think he's 293 00:17:49.079 --> 00:17:51.839 going to get reversed on appeal on the merits eventually. 294 00:17:51.960 --> 00:17:55.880 I think he knows that. But right he got what 295 00:17:55.920 --> 00:18:00.680 he wanted. They got the conviction so that you can 296 00:18:00.680 --> 00:18:03.839 call Trump a fellon. So at the same time, he's 297 00:18:03.839 --> 00:18:06.880 not going to d cause the Megabase to go crazy 298 00:18:07.279 --> 00:18:09.920 by sentencing Trump to jail. 299 00:18:10.359 --> 00:18:15.880 I heard, don't know if it's true that he included 300 00:18:15.920 --> 00:18:17.400 in the letter because I haven't had a chance to 301 00:18:17.400 --> 00:18:21.160 read it, that he was also having to look at 302 00:18:21.680 --> 00:18:26.480 how he could square the actual trial that happened with 303 00:18:26.599 --> 00:18:31.200 the Supreme Court's decision. And the most egregious example is 304 00:18:31.359 --> 00:18:37.519 the testimony of our friend Hope Hicks, who of course 305 00:18:37.680 --> 00:18:43.920 was testifying about things that happened officially during the during 306 00:18:43.960 --> 00:18:49.200 twenty seventeen, during the Reagan during the Trump presidency, and 307 00:18:49.319 --> 00:18:53.319 so he would have to be able even to pass sentencing. 308 00:18:53.839 --> 00:18:56.559 My understanding is he would have to be able to 309 00:18:56.680 --> 00:19:01.200 show how it is that the evidence intro used that 310 00:19:02.160 --> 00:19:06.279 balls under the Supreme Court's immunity opinion did not color 311 00:19:06.400 --> 00:19:10.279 the jury's decisions decision about all the counts in the case, 312 00:19:10.440 --> 00:19:14.000 and that he was actually asking for extra time to 313 00:19:14.079 --> 00:19:15.279 be able to do that. 314 00:19:16.759 --> 00:19:20.880 Well first exactly right about the legal issue. That's why 315 00:19:20.920 --> 00:19:24.519 I think the case will eventually be reversed, the verdict 316 00:19:24.559 --> 00:19:28.960 will be reversed, the scheduling. I do not understand why 317 00:19:29.000 --> 00:19:32.920 he needs more time. He's had since the end of June, right, 318 00:19:32.960 --> 00:19:37.240 so it's been three months already. What is taking so long? 319 00:19:37.559 --> 00:19:39.799 And all you got to do is read the damn opinion, 320 00:19:40.240 --> 00:19:42.880 you know, Like, unless he's like reading one word today, 321 00:19:43.319 --> 00:19:45.400 I mean, it doesn't take too long to figure out 322 00:19:45.839 --> 00:19:47.960 that you have to hold a new trial here, as 323 00:19:48.000 --> 00:19:51.799 you as you said, lucreeship. The Supreme Court immunity decision, 324 00:19:52.000 --> 00:19:56.519 it almost reached out to smack Judge Merksham, but not 325 00:19:56.599 --> 00:19:59.559 by name, when it said, not only do you get 326 00:19:59.599 --> 00:20:03.920 immunity as a president from prosecution for your official acts 327 00:20:03.920 --> 00:20:07.680 as president, but those official acts and statements you make 328 00:20:07.759 --> 00:20:11.640 can't be used as evidence against you in a prosecution 329 00:20:11.839 --> 00:20:15.480 for your non official activities. The only case going right 330 00:20:15.519 --> 00:20:18.799 now that that's about that is the merchan case and 331 00:20:19.559 --> 00:20:25.400 Mershon you allowed in evidence from as you said, Hope Picks. 332 00:20:25.799 --> 00:20:29.000 He allowed in evidence describing what Trump was saying and 333 00:20:29.039 --> 00:20:32.880 doing in the oval office as president. The Supreme Court 334 00:20:32.920 --> 00:20:36.440 case directly says you can't use this evidence in a trial. 335 00:20:36.839 --> 00:20:40.240 I don't see how Merchon can allow the verdict to 336 00:20:40.279 --> 00:20:43.160 stand now, I mean, unless he just wants to provoke 337 00:20:43.559 --> 00:20:47.039 another constitutional crisis and have this case, his own case 338 00:20:47.079 --> 00:20:49.119 go all the way to the Supreme Court and force 339 00:20:49.200 --> 00:20:51.920 the Supreme Court to reverse him in order a new trial, 340 00:20:52.000 --> 00:20:54.240 and maybe that's what he wants to do, but he's 341 00:20:54.279 --> 00:20:56.400 just going to drag it, You drag the whole country 342 00:20:56.440 --> 00:20:59.039 through more months and months of this because he's being 343 00:20:59.079 --> 00:20:59.640 pig added. 344 00:21:00.599 --> 00:21:03.119 So is he being pigheaded because he's worried about his 345 00:21:03.599 --> 00:21:08.839 reputation amongst the left or is he just himself so 346 00:21:09.000 --> 00:21:12.799 invested in getting Trump that he doesn't really care about 347 00:21:14.039 --> 00:21:19.279 the political the political ramifications of his decision from the 348 00:21:19.319 --> 00:21:21.759 point of view of, you know, the larger politics of it. 349 00:21:21.799 --> 00:21:23.839 He just he doesn't care. He wants to get Trump 350 00:21:23.920 --> 00:21:25.960 no matter what. Or has he been doing most of 351 00:21:26.000 --> 00:21:27.880 this all the time in the same way Bragg has 352 00:21:28.359 --> 00:21:30.839 just to please the left and knowing that they could 353 00:21:30.880 --> 00:21:33.000 get away with whatever they wanted as long as it 354 00:21:33.039 --> 00:21:35.160 pleased the left, at least in New York. 355 00:21:35.200 --> 00:21:37.839 I don't know. I don't know. And you know, one 356 00:21:38.400 --> 00:21:42.039 thing is will learn when the sentences date comes around. 357 00:21:42.079 --> 00:21:46.920 Which of these two. Neither account is a good one. 358 00:21:47.160 --> 00:21:53.599 But think about what happens if Trump wins. If Trump wins, 359 00:21:54.279 --> 00:21:56.720 then is Merchank going to sentence the pre guy was 360 00:21:56.759 --> 00:21:59.839 going to become president of jail? Right that's going to 361 00:22:00.039 --> 00:22:03.440 evoke a huge constitutional crisis between the federal government and 362 00:22:03.480 --> 00:22:07.960 the states. What if Trump loses? If Trump loses, is Marshank, 363 00:22:08.480 --> 00:22:11.359 what's he still has to decide whether you right to 364 00:22:11.440 --> 00:22:16.279 vacate the Dury verdict and order a new trial. So 365 00:22:16.400 --> 00:22:18.720 I think, well, which I think would? I don't think 366 00:22:18.720 --> 00:22:20.880 the left will care as much at that point because 367 00:22:20.920 --> 00:22:25.200 Harris will be president and they'll be so over your tongue, 368 00:22:25.680 --> 00:22:26.480 by your tongue. 369 00:22:26.480 --> 00:22:29.720 Okay, one more question for you about the Bragg case 370 00:22:29.759 --> 00:22:33.759 before we go onto the chuck Kin disaster. Chuck Kin, right, 371 00:22:33.839 --> 00:22:37.359 that's her name. I can never truck him to commit 372 00:22:37.400 --> 00:22:45.720 it to memory. So Bragg's state case against Trump involved 373 00:22:46.640 --> 00:22:52.799 misdemeanors that had uh the statute of limitations had expired. 374 00:22:53.759 --> 00:22:56.200 The way he was able to bring this case was 375 00:22:56.240 --> 00:23:01.720 to bring in a felony of election interference, right am? 376 00:23:01.720 --> 00:23:03.960 I am? I right? So far? Correct me if I'm wrong. 377 00:23:04.640 --> 00:23:10.680 Even though they the jury didn't technically find that Trump 378 00:23:10.759 --> 00:23:14.480 had actually violated that, I forget it was all these 379 00:23:14.559 --> 00:23:17.160 dumb and jury instructions and all that other stuff. But 380 00:23:17.200 --> 00:23:22.319 my point is if he was charging Trump with those 381 00:23:22.480 --> 00:23:25.559 misdemeanors to get but could do so only because he 382 00:23:25.640 --> 00:23:28.160 was ultimately charging him with the felony that he was 383 00:23:28.200 --> 00:23:31.640 convicted under. Or maybe I don't even have that right. 384 00:23:32.000 --> 00:23:36.160 Why can't Trump pardon himself if ultimately it was a 385 00:23:36.240 --> 00:23:41.359 federal violation and not a state violation, or do I 386 00:23:41.440 --> 00:23:42.039 have it wrong? 387 00:23:43.119 --> 00:23:48.720 No, So the reason he couldn't pardon is because, actually 388 00:23:48.759 --> 00:23:51.759 this is because of the One of the other constitutional 389 00:23:51.799 --> 00:23:55.279 defects of this case, which we talked about before, was that, 390 00:23:55.359 --> 00:24:02.519 as you said, the state criminal process acution escaped the 391 00:24:02.519 --> 00:24:07.920 statute limitations by pretending that Trump had committed the accounting 392 00:24:07.920 --> 00:24:12.200 shenanigans to cover up some other crime that in New 393 00:24:12.279 --> 00:24:18.240 York law that elevates accounting mistakes, accounting not mistakes, counting 394 00:24:18.640 --> 00:24:22.480 misrepresentations into a felony when it's usually just a misdemeanor, 395 00:24:22.519 --> 00:24:25.079 which is just a fine. Misdemeanor means no jail time. 396 00:24:26.160 --> 00:24:28.319 But they didn't have a felony. So what the felony 397 00:24:28.359 --> 00:24:30.799 they had to The other law they said that was 398 00:24:30.839 --> 00:24:34.559 broken that had to be covered up was federal election law. 399 00:24:35.240 --> 00:24:36.920 The first problem. 400 00:24:36.680 --> 00:24:38.799 Yeah, convicted under that law. 401 00:24:39.400 --> 00:24:42.279