Join us as we cover the first day of the Impeachment trial of Donald Trump. We will be joined by the Hodge Twins, the conservative twins, and Gerald and Gerald A. and we will play a drinking game.
00:01:49.000I don't know if it's the speaker that's on or something.
00:01:52.000But first, you use the promo code FIGHTLIKEHELL at lotterworthcrowder.com slash mugclub and you get $30 off because they consider that incitement to violence... I don't!
00:02:02.000Are you supposed to fight any other way?
00:02:21.000Listen, you all need to fight like hell.
00:02:23.000And what I mean by this is not a call to violence, but you need to fight like hell to make sure that we have election integrity moving forward.
00:02:29.000You need to fight like hell to make sure that we follow rules and regulations and precedent.
00:03:36.000So let's kind of tell you what's going on right now.
00:03:39.000Congress triggered impeachment, right, without a trial, with no witnesses, with no evidence.
00:03:42.000They didn't actually agree on the terms of this trial until I believe yesterday, which we'll talk with Bill Rischman is kind of unprecedented.
00:04:07.000We think, oh they can break into anything because they just have like a thumb, you know, fake skin on their thumb and they can break into it.
00:04:13.000And then when you work with the FBI, you realize, oh they're totally inept, right?
00:04:40.000Half of the evidence, the sources, and this is available at lateralistcredit.com, are op-eds from the New York Times or Washington Post from known Trump haters or just random tweets.
00:04:50.000See, we say he did something wrong, so he did something wrong.
00:04:53.000Yeah, so let me read you a couple here.
00:04:55.000Gerald, you can kind of give your thoughts while I find some of these.
00:04:57.000My thoughts are we're not going to find a whole lot out about what's going to happen today, right?
00:05:01.000They're just going to get up and tell a bunch of sad stories and say we should be able to impeach President Trump because we don't like him, because the newspapers that we have on our payroll said that he did something wrong.
00:05:09.000I think that's exactly what's going to happen today.
00:05:35.000It says, reflecting an ominous pattern that recurred many times over the weeks that followed, President Trump's attacks on Raffensperger sparked threats of death and violence.
00:05:42.000One such message warned that the Raffensperger should be put on trial for treason and face execution.
00:06:11.000Barr announced on December 1st that the DOJ had uncovered no—this is the evidence they brought forward, by the way—had uncovered no evidence of widespread voter fraud that could change the outcome of the 2020 election.
00:06:21.000Barr reportedly told President Trump at the time that his claims of election stealing were bullshit.
00:06:26.000Um, did you confirm this conversation?
00:06:52.000Through these and other statements, President Trump went the weeks preceding his rally, doing everything in his power to persuade attendees that their votes and the election itself were going to be stolen away in the joint session.
00:07:00.000That is, unless they somehow stopped it by making plans to, quote, fight like hell and fight to the death against this act of war by radical left Democrats.
00:08:19.000And then they're so flagrant in disregarding any accountability that they said, oh, you guys brought the former articles of impeachment that we now found out were factually incorrect.
00:08:28.000And if anything, Hillary Clinton and the Steele dossier, you know what?
00:08:30.000Let's put them in charge of this impeachment of a private citizen after he left office.
00:09:04.000I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
00:09:30.000Let's hear what they have to say really quickly and then I want to go to everyone's thoughts.
00:09:33.000While the Senate of the United States is sitting for the trial of the article of impeachment exhibited by the House of Representatives against Donald John Trump, former president of the United States.
00:09:49.000So all they're arguing today is the constitutionality of going forward with this.
00:09:53.000By the way, it's completely unconstitutional, but that's what they're going to be arguing about and then decide if they want to go forward with impeachment of a private citizen tomorrow.
00:10:01.000So we just, listen, I wish we didn't have to do this, but here we are.
00:10:06.000They wanted to be able to claim that they impeached Donald Trump twice.
00:10:09.000I'm going to have to boot one of the Hodges because my half-Asian lawyer, Bill Richmond, Is here, and I would like to ask him some questions to fill you in on the proceedings.
00:11:15.000Now, they don't have to use it all, and any trial lawyer will tell you the best part of valor in a trial is knowing when to sit down and shut up and have left with a good impression.
00:11:23.000I'm going to imagine that the prosecution is going to use every single minute to trot out, what was it, Haberman, ABC, NBC, ABC, The Hill, Washington Post, I think Vox.
00:11:35.000I believe some transgender male-to-female from Slate.
00:11:38.000I heard the Animaniacs were maybe gonna come, but I think there'll be a surprise turn of co-witness for the defense.
00:12:30.000On to a big pillow, a big my pillow, in fact.
00:12:33.000So, we've got instead of Senator, or excuse me, instead of Chief Justice Roberts presiding, we now have our longest-running, oldest 80-year-old Senator, who's a Democrat, who will be a witness and a juror.
00:12:45.000Explain to people who don't know, because it should be Chief Justice Roberts.
00:12:47.000That is one of the interesting things.
00:12:49.000The Constitution only has four express requirements.
00:12:51.000And one of those requirements is, you know, you have the Senator, and then you have that it's going to be presided by the Chief Justice when it is for a sitting President.
00:12:59.000And that's why we're even having the debate today about whether you can use the impeachment for someone who is not in actual office.
00:13:06.000And so the person who is doing it is Patrick Leahy?
00:13:09.000He's a well-known Democrat, and I think he's 104, so he's not present for a lot of health reasons, but this is something people don't understand.
00:13:15.000Without Chief Justice Roberts, when you have basically Patrick Leahy presiding, he's both juror and judge.
00:13:34.000And the reason, this is a very important distinction.
00:13:36.000People are often going to say, well wait a minute, we've created a criminal system that has a higher standard than in a civil court, beyond a reasonable doubt.
00:13:42.000It has additional rules, all kinds of things that are meant to preserve fairness.
00:13:46.000Most of those rules don't apply in an impeachment.
00:13:49.000That's why Getting into this particular moment is going to allow them to get evidence, testimony, procedure, the time frame.
00:13:56.000All of it is geared towards putting on more of a show than you would normally have in a real criminal trial, which is why they're trying to avoid that entirely.
00:14:03.000If they knew they had a criminal case, they'd go do the criminal thing.
00:14:11.000So you have your military courts or your Guantanamo base, right?
00:14:14.000And the whole complaint there from the left is, well, you know, these folks, they're not citizens, or they are, but they committed domestic terrorism.
00:14:20.000You should still treat them and put them in the criminal justice system.
00:14:23.000But when it comes to the former president of the United States, they go, no, no, no, we shouldn't put them in the criminal justice system and actually follow the rules that we espouse.
00:14:32.000So that's why they're going to have this particular procedure and that's why it's unfortunate because we're going to see a lot of testimony.
00:14:37.000You're going to see a lot of evidence and folks are going to go, I've seen SVU.
00:14:49.000I find the most interesting thing is when you look at every single article that's come out talking about the procedures, the final bipartisan agreement, Leahy being in charge, the 16 hours, the fact that on Thursday there will be a written Q&A session where they'll write questions down, read them aloud, and have them answered by both sides.
00:15:24.000They want you to be afraid to say, fight like hell.
00:15:26.000You mean to tell me that everyone takes fight like hell, especially when taken in tandem with make your voices heard peacefully, that that means you're calling people to violence?
00:15:33.000This is what is happening with big tech.
00:15:36.000You can say that there has been voter fraud.
00:15:38.000You can say there are voter irregularities.
00:15:39.000You cannot say on YouTube that it affected the outcome of the election.
00:15:44.000And this entire basis of this impeachment is he incited people to violence by drawing attention to voting irregularities because that causes unrest, that it caused the insurrection.
00:16:17.000Ultimately, we're going to see a process that I think reveals the true intentions.
00:16:22.000This isn't about, certainly not unity, certainly not about healing the country, certainly not about justice, it's not about trying to actually hold someone accountable, it's about scoring political points, creating good moments that you can then replay over and over and over again.
00:16:37.000And I think it's going to ultimately backfire.
00:16:39.000I think it is actually already at this moment.
00:16:40.000A lot of folks are like, what's going on?
00:16:42.000On both sides of the aisle, they're saying, what is really going on here?
00:17:03.000Because, at that point, a lot of people weren't necessarily thrilled with it, but because he saw it as the only way to unify the country, to heal and move on, Ford gave him a pardon.
00:17:12.000And a lot of people were upset by it, but if you look back now at historians, even liberal historians, they say that was the right thing to do.
00:17:18.000Right now, we have a president who committed no crime, who didn't call anybody to violence.
00:17:23.000This is paper thin, even thinner than the Russia collusion.
00:17:26.000Well, I guess not, because that was fraudulent when you actually take it into account.
00:17:29.000And they're calling for unity while impeaching someone who's not even in office.
00:17:51.000Fight like hell in doing your due diligence and getting that information out there.
00:17:54.000And if it gets removed, fight like hell in exploring your legal options.
00:17:57.000And then if those are exhausted and they say they're not going to let you back on, fight like hell and claim that you're gay or do a 23andMe, find some ethnicity in you, and declare it a hate crime.
00:18:05.000Fight like hell to make sure that these people feel that they at least have some eyeballs on them going into the next election.
00:18:12.000I know a lot of people want to say, what happens in this country if your vote didn't matter here and they do this forevermore?
00:18:20.000If they could change the law right before the election in unconstitutional ways, which were ruled in some courts, by the way, like Pennsylvania, change it to mass voting.
00:18:28.000without any kind of standards in some states. Change it to the day of the
00:18:31.000election, the deadlines. If they can change those within the week of the election,
00:18:34.000your voice can hold these people accountable if you fight like hell.
00:18:41.000Doesn't mean that I want you to blow anything up, okay? If that is considered, well then I guess
00:18:46.000color me violent by saying fight like hell with your words and information and making sure that
00:18:55.000You can tell me, Bill, if I'm right about this.
00:18:57.000If it goes to a criminal court, if it's no longer an impeachment, then it's even more of a First Amendment issue.
00:19:02.000So you definitely would involve First Amendment issues when you come to what was said, how it was said, what was the intent behind saying it.
00:19:08.000But without a question, you don't even get that far because of the procedural hurdles.
00:19:12.000Regularly, you have prosecutorial discretion where the prosecutors go, huh, do we want to waste taxpayer money on actually prosecuting a case that we don't think actually has a chance of moving forward?
00:19:21.000Because these prosecutors aren't usually there just for, the average prosecutor is not there for just media stunts.
00:20:06.000I've never seen you be able to do it, yeah.
00:20:07.000You guys have COVID that you think is just ravaging the world in ways that we've never seen before, even though that's not completely accurate.
00:20:14.000It's a big problem that we have to deal with.
00:20:15.000You just spent $2 trillion, most of which was unnecessary to help for COVID, and you have a game plan of sending it— Hey, my people in China needed that money, okay?
00:21:27.000Because I've been a professor of constitutional law for three decades, I know there are a lot of people who are dreading endless lectures about the Federalist Papers here.
00:23:32.000Presentation, Broadway, win a Tony Award for what happens over the next two or three days.
00:23:38.000And instead, the country could have been focused on doing other things.
00:23:41.000Whether or not politicians could actually solve anything.
00:23:44.000But truly, this is what it's come down to.
00:23:46.000It's feeding the news cycle with more and more of this show instead of actually just getting back to it.
00:23:51.000And hey, I actually, this is why I'm excited about the next couple of days because you can't hide how much it is just a show when you actually go through it.
00:23:59.000Because I almost imagine that The Democrats kind of want to lose today on the constitutional question, because then they can say, well, we never even got to the merits of the impeachment.
00:24:08.000He would have been impeached if we had gotten there.
00:24:10.000But, you know, that pesky Constitution always getting in the way of actually being a real American.
00:24:16.000That sounds kind of like where conservatives were with a lot of the voting regularities, only the difference is they actually wanted to present evidence.
00:26:52.000I don't know, I've been on some message boards.
00:26:54.000You're like, it's a double standard they're showing.
00:26:56.000Everybody knows what happened at the Capitol building, but they failed to show all these riots and they aired it on television like they're airing this.
00:29:56.000That's why we go to these sources that come from like Ted Lieu's op-ed in the Washington Post saying Donald Trump, long before the Capitol, was inciting violence by saying that there were voting irregularities.
00:30:11.000If someone could actually be tried criminally or civilly for inciting violence simply for questioning election results, Al Gore would still be somebody's bitch in prison.
00:30:22.000And do you remember when Chuck Schumer was on the steps of the Supreme Court?
00:30:25.000He'd be Alcatraz's everlasting gobstopper.
00:30:30.000On the Supreme Court, when Chuck Schumer said, you have no idea what kind of whirlwind you're bringing.
00:30:35.000Talking to the Supreme Court justices, to a group of people right there, saying that if you don't vote our way, essentially, you have no idea what you're calling down on yourselves.
00:30:45.000Let's just assume, okay, fine, if you think that that is inciting violence, let's bring that up.
00:30:49.000What about the people who invaded the Wisconsin capitol, the teachers unions that invaded that building, and sat in the building for days?
00:32:20.000Because it only takes one bad apple to spoil the whole bunch.
00:32:24.000And it's also, by the way, the same reason that people used to ask me, like, why don't you show up at these, what's the name of the Charlie Kirk?
00:32:33.000And I said, because I don't want anyone to be accountable for the crazy stuff I say, and I don't want to be held accountable for something someone else says.
00:32:39.000Notice I don't really do a whole lot of publicity outside of what we manage and control.
00:32:43.000There's no reason to anymore, but this is the problem with a mob mentality.
00:32:46.000Look, I understand the frustration of people seeing their politicians, their elected officials, betraying them.
00:32:52.000I understand that, and I think that it, and I'm not, and I'm condemning the violence, of course.
00:32:58.000But when you compare it to two billion dollars worth of damages and countless people, not countless, dozens of people dead, hundreds of officer casualties in the summer, and that was just aimed at some general systemic racism, so we're going to burn down local businesses, it's much more understandable the train of thought if people are mad at their elected officials to direct their ire toward elected officials.
00:33:20.000This is the wrong way to do it, of course, Neither scenario would warrant this kind of violence, and it's stupid, but you can understand that if you're going to voice your opinion, and march, and protest, and you know, even a Molotov cocktail or two, where I'm just saying we're using a low standard here because of the Black Lives Matter protest, don't do it to the local Walgreens, don't do it to the local theater.
00:34:00.000They're going to show you this, and then in the, if you read the brief, it says, and then we heard that Donald Trump was positively delighted by the chaos.
00:34:08.000There's no way he could have seen any of this, by the way.
00:34:10.000He was still giving his speech, and even when he came off the stage, if they said, hey, I don't know if you heard this, there are people who have tried to breach the Capitol building, they would have whisked him away, and he would have been taken to a secure location.
00:34:22.000There's no way anyone could know that Donald Trump was delighted by this, and there's no way that that actually could have happened, and that's in the brief.
00:34:41.000It's like the fact-checkers only go against the conservatives to throttle down their reach.
00:34:45.000Because all the evidence they presented is basically opinions.
00:34:48.000Yeah, well we, by the way, and I know some people are mad that we didn't do the Nevada stream because, you know, my heart, but we actually have an intern right now still going down to all those addresses to verify them because we have, I mean, hundreds of addresses.
00:35:58.000So go home, we love you, you're very special, you've seen what happens, you see the way others... So are they going to try and twist it that he said we love you, means he loves violence, when he said we need peace?
00:36:09.000He's obviously saying we love you to the people who are there, who are protesting, not to people who are being violent.
00:36:26.000Condemn the action of violence and then tell the people, who aren't committing violence, which by the way was the vast majority of people in DC, that we love you, go home.
00:36:34.000You think that those people are more likely to go home?
00:36:37.000How do you think this works with a hostage negotiation?
00:36:39.000Do you think if he goes down and he goes, you piece of shit, I'm going to bring in the squad team, they're going to come out shooting.
00:36:44.000No, you want to keep the hostages alive.
00:37:24.000These are the things and events that happen when a sacred landslide election victory is so unceremonious and viciously stripped away from the patriots who are going to go home with love and peace.
00:38:07.000If they're going to hold themselves to their own standard, they said the election was stolen, and they don't consider that a call to violence.
00:38:58.000The framers of our Constitution knew it.
00:39:01.000That's why they created a Constitution with an oath written into it that binds the President from his very first day in office until his very last day in office and every day in between.
00:39:16.000Under that Constitution, and under that oath, The President of the United States is forbidden to commit high crimes and misdemeanors against the people at any point that he's in office.
00:39:30.000What high crime or misdemeanor did he commit?
00:39:44.000You are more guilty of that crime than Donald Trump!
00:39:49.000With the rule of mobs, These powers must apply even if the President commits his offenses in his final weeks in office.
00:39:59.000In fact, that's precisely when we need them the most, because that's when elections get attacked.
00:40:08.000Everything that we know about the language of the Constitution, the Framers' original understanding and intent, prior Senate practice, and common sense confirms this rule.
00:40:21.000Let's start with the text of the Constitution.
00:41:01.000Why is there no Chief Justice Roberts, by the way?
00:41:03.000Why is Patrick Leahy going to be witness, juror, and judge?
00:41:12.000It's everything that Donald Trump said was true, saying the system is rigged?
00:41:16.000Well listen, I don't know that I can say this, but what more clear of an example could you see of a rigged system outside of one man being the shitty trinity of being witness, juror, and judge?
00:43:11.000But I asked Stephen before this, I don't know, I haven't found anything on this but I'd love it if somebody had something or we'll do some more research.
00:43:17.000Is there a time frame with which you have to exercise impeachment?
00:43:21.000So let's say that Donald Trump did this and he was guilty of this.
00:43:24.000Could they wait until he runs again, wins re-election, and is put in office to then impeach him for this action?
00:43:30.000Is there some sort of statute of limitations on that?
00:43:33.000That's the question that I don't know, but if that was the case... What, do you mean legally, or do you mean for Democrats in 2020?
00:43:37.000No, no, no, no, no, because law doesn't really matter here.
00:43:39.000This is all about feelings, apparently.
00:43:54.000It's like these people watched a Christopher Nolan film on acid, got inspired, and said, we can do that.
00:44:02.000So if you were 100% sure that he's guilty and that you would be able to convict him in the Senate and impeach him, why would you not hold that in your back pocket until he potentially won again?
00:44:13.000That would be your silver bullet against Donald Trump forever, to keep him from ever running for office again because the minute he won, you would just impeach him.
00:44:20.000Speaking of which, this guy could use a little bit of Wolfman hair growth on his chromedome there.
00:45:33.000He thus emphasized that the President is even more accountable than officials in Delaware, where as I noted, the Constitution clearly allowed impeachment of former officials.
00:45:43.000And nobody involved in the convention ever said that the framers meant to reject this widely accepted, deeply rooted understanding of the word impeachment.
00:45:54.000Hey, what's your deep understanding, since we're going on the Constitution, of right to bear arms and shall not be infringed?
00:46:01.000They're looking to ancillary documents to try and prove their case here, and they couldn't care less about the Constitution.
00:46:09.000By the way, if you're putting this in the Constitution for former presidents... Oh, look at this.
00:47:32.000So let me give you a timeline on Russia that this guy actually pushed.
00:47:36.000Of course, Donald Trump was exonerated right in late 2019 over what they were alleging, remember, was the Ukrainian thing, trying to put pressure.
00:47:42.000The House claimed when they impeached him, remember, this seems almost like deja vu, they had uncovered a month-long effort by President Trump to use the powers of his office to solicit foreign interference on his behalf in the 2020 election.
00:47:52.000The truth is, after the trial, and there was a bipartisan report by the Senate Intelligence Committee, they found that there was nothing.
00:47:59.000They found that the investigation into the Russian interference relied on disinformation from the Steele dossier.
00:48:06.000Where did the Steele dossier come from?
00:48:12.000So really, they were actually... This is why it's more sinister than that.
00:48:15.000What we found out about Russia was that they were accusing Donald Trump of doing what they were doing.
00:48:21.000They were colluding with foreign entities to try and... Now, not just to steal an election, but to dig up dirt on Donald Trump, who was running at that point.
00:48:29.000We know that, beyond any shadow of a doubt.
00:48:32.000You think all of these Democrats didn't know that when they were going out there tweeting to the public?
00:48:35.000I think that there should be an investigation into that.
00:48:38.000Did you know about the corruption that occurred within your party in the relationship with Russian interference?
00:48:42.000If you did, then I think you and your little monk's cap need to get your ass out of our representation.
00:48:47.000It's crazy man, they actually accuse him of colluding with Russia while they actually colluded with Russia.
00:48:54.000To get him on collusion with Russia charges, yeah.
00:48:57.000And then in October, remember the declassified notes, this was from former CIA Director John Brennan.
00:49:02.000It showed that the CIA was aware of Clinton's disinformation campaign.
00:50:55.000That's not how our constitution works.
00:50:57.000Well of course, don't surprise, he supported the first impeachment.
00:50:59.000So he supported the first impeachment after he was just elected to Congress in 2018, when we knew better.
00:51:05.000He was late to the game though, so he had to support it.
00:51:09.000People talk about, look, I'm a conservative, I'm not a centrist, I don't think that we find common ground in the center if it's not honest, but this is just the Team Jersey Party politics here, where people look at it, there's Democrats line up, and then Republicans line up outside of Susan Collins and one other wiener or two, and nothing's going to happen.
00:51:25.000This is political theater, it's a waste of American taxpayer dollars, and these people don't care about the Constitution.
00:52:16.000He resigned moments before they did it, and they didn't actually have the Senate get the majority.
00:52:19.000So they're just, they're grasping at straws here.
00:52:22.000If you were to go back then, you know, and find whoever was, you know, I assume it was a stenographer, something like a Flintstone, you know, like a pterodactyl with a pen who goes, this jab sucks!
00:52:37.000So it would be like people looking back now on this, right?
00:52:40.000Let's say a hundred years from now, looking back on this when they try to impeach a private citizen then saying, well, they did it to Donald Trump.
00:52:47.000Without the context of, no, no, no, no.
00:52:50.000The Democrats in Congress did it and the Senate didn't do anything.
00:52:53.000Of course, right now we're all arguing about how it's unconstitutional.
00:52:56.000They want to present to you as though it was unilaterally agreed upon in, I think it was 1878, when the fact is, he resigned first and there were all kinds of arguments being made against it.
00:55:08.000The reason why is because of what we're talking about today.
00:55:10.000Yeah, so Belknap, he went from like a 5,000 foot view, like let's get some details, and he went up to 30,000 feet and said, these are the same things.
00:55:18.000No, they would be the same things if Donald Trump, the day that this happened, after telling people to go and riot at the Capitol and break in, resigned as president and left office trying to avoid being impeached.
00:55:32.000He stayed there and said, ah, didn't do anything wrong, prove me wrong, and then went out of office like he said he would, peacefully, so we had a transition of power.
00:55:48.000It pisses me off because our institutions have to be about more than this.
00:55:51.000If you're telling me that there's enough evidence to convict, but you're only going to be able to convince five or ten people on the other side of the aisle to vote for conviction, That's not a trial.
00:56:05.000Right now, this is abusing our system of government for political theater because they're upset that Donald Trump said our system of government is rigged for political theater.
00:57:10.000Well, I mean, again, it's just there are people out there who hate Donald Trump so much that this is helping them think they're bringing unity to the country.
00:58:18.000If a crime was committed, a criminal trial and putting Donald Trump in prison for crimes he committed would maybe help people a little bit.
00:58:28.000He issued a public letter stating, our carefully considered views of the law lead all of us to agree that the Constitution permits the impeachment, conviction, and disqualification of former By the way, here's the bait-and-switch they just did, right?
00:58:42.000They just showed you something from the Federalist Papers that didn't say that because they watched Hamilton a couple of times with their queer party friends, and now they show you something definitive that comes from a self-picked panel of people in 2021.
00:59:44.000No one believes that Mitch McConnell is an honest man unless they're accidentally mistaking him for Rachel Levine and they're only saying it because they don't want to be accused of a hate crime.
00:59:54.000No one thinks that Mitch McConnell is an honest man.
00:59:56.000This is right now what Democrats do, right?
00:59:58.000It's like what they did, they trot out, they effectively trot out the corpse of John McCain, who they accused of being a Nazi when he ran for office with Sarah Palin, and then when he dies they go, we need more Republicans like John McCain.
01:00:10.000They made that joke in Family Guy where they had an alternate reality and Hitler has taken over the world and they have a McCain-Palin pin.
01:00:16.000You accuse John McCain of being a Nazi and now you want us to be like, well, listen, if he says that Mitch McConnell agrees with him, there's some unity.
01:00:23.000I guess, if you're just talking about a merry band of assholes.
01:00:56.000This one was actually a 146-page study, very detailed.
01:01:00.000And in that study, he said, quote, that the decision in Belknap was correct in its view that impeachment historically had extended to former officials, such as Warren Hastings, who you heard Lead Manager Raskin describe.
01:01:14.000In fact, as you can see, Presser Turley argued that the House could have impeached and the Senate could have tried Richard Nixon after he resigned.
01:01:56.000It's not the same as justification for a policy.
01:01:58.000The fact that Mitch McConnell knows someone's best friend's boyfriend's cousin's girlfriend who saw this guy who knows that Donald Trump passed out of 31 flavors last night is not a legitimate form of evidence or an article for impeachment.
01:06:14.000They just showed clips from the insurrection, from the breach that was going on, while Donald Trump was still speaking, as evidence that they did so in response to his speech.
01:06:24.000And then they just brought up their strongest argument from the Constitution, which required that they scratch out the most pivotal word and add their own.
01:07:17.000those are bad things that you shouldn't do. He's reading a quote out of Convicted
01:07:20.000and Removed and then he takes a quote I don't know exactly where he took that
01:07:23.000quote, Edmund something saying it shouldn't preclude people from doing two
01:07:27.000things but here's the thing if one if one necessitates the prior for it to be
01:07:34.000legitimate That's what matters in other words.
01:07:36.000It's like Okay, if someone claims that I went and I took a shit on your front step, but I was inside the house the whole time Obviously I couldn't do it.
01:07:46.000He went outside and Then took a shit on your front step.
01:07:50.000Someone just says well, we don't need to prove that he went outside.
01:07:52.000We know he's in but He took a shit on the front step.
01:07:55.000Well, I couldn't do it if I didn't go outside.
01:08:05.000And that's the argument that Trump's team is making.
01:08:08.000And I think what they were doing, Steven, crossing out the and, was saying this is what Trump's team is saying this means and this is what we're saying it means.
01:09:37.000Well, of course it means I don't want to get your opinion, Mr. And.
01:09:40.000It's like the common sense gun reform.
01:09:43.000By the way, Stephen, correct me if I'm wrong, but in England, when they brought this impeachment over from England, this was a principle that they brought over.
01:09:49.000You could impeach somebody who was not a public official, I believe.
01:09:53.000There was a little bit more of a lax rule, at the very least, on who you could impeach and who you could remove.
01:09:59.000Well, back there, you also could arrest people if they weren't following the Church of England and spent a little too much time in Gin Alley.
01:10:21.000For example, it would be like saying, well, actually, if you look at this, and they bring up some lawsuits, you don't need representation for taxation.
01:11:55.000Doesn't reflect well on this production.
01:11:57.000Alright, let me hear him for a couple of seconds and then I'm gonna have to urinate like a racehorse and we'll bring in a half-Asian Bill to answer some legal questions.
01:12:04.000Again, the promo code is FIGHTLIKEHELL.
01:12:07.000You get $30 off if you join Mug Club because we're gonna do all the fighting we can.
01:12:11.000Unfortunately, we don't hold public office where we are held to no accountability and suckle up to public teat.
01:12:16.000But we're funded by... we're not funded by a foreign caliphate.
01:12:22.000Which they had to have known, because it's in the article that they cite in the brief, is that removal is, quote, not the sole end of impeachment.
01:12:34.000Actually, in that same article, he describes the view, advocated by President Trump's lawyers, as having deep flaws.
01:12:43.000And again, you do not have to take my word for it.
01:13:00.000President Trump's brief cites my 2001 article on late impeachment a lot.
01:13:05.000But in several places, they misrepresent what I wrote quite badly.
01:13:10.000There are multiple examples of such flat-out misrepresentations.
01:13:14.000They didn't have to be disingenuous and misleading like this.
01:13:20.000Well, you know what, listen, I think we all do have a problem with being disingenuous and misleading, like claiming that Donald Trump colluded with Russia, when you did it!
01:14:27.000These people haven't been held accountable.
01:14:28.000Donald Trump was able to fight back and now after he is out of office as a private citizen, they remove him from all social platforms and the town square so that they can try and make an example of him when he can't fight back.
01:14:41.000Let's be really clear about what this is here.
01:14:43.000Look, they can argue until they're blue in the face about historical... they cannot show you a case.
01:14:49.000Where a former president was convicted and impeached.
01:15:02.000What they want to do is, it's for the same reason that before Donald Trump was in office, They said they were going to impeach him.
01:15:08.000It's for the same reason that before Donald Trump had served out the first year of his first term, they said that he wouldn't hand over power peacefully.
01:15:15.000They were trying to set up this house of cards so they could tell you beforehand that this man was an illegitimate president because he was an outsider who went to Washington and they really didn't like the fact that he toppled over the apple cart.
01:15:29.000And they want to make sure that any of you out there who aren't part of the Washington DC insider elite, that you think twice That's what this is right now.
01:15:36.000This is a warning shot to all Americans who've thought of entering into these races.
01:15:40.000you guys are the proletariats, right? You have no role there and they want to hang him up.
01:15:44.000And anyone who supported him, like Spartacus on the cross, to make sure that all good Americans
01:15:50.000don't represent their own constituents, but professional politicians and lobbyists.
01:15:54.000Make them a say. That's what this is right now. This is a warning shot to all Americans who
01:15:58.000thought of entering into these races. They want you to see that they'll destroy your life if
01:16:19.000As I hope is now clear from the arguments of Mr. Raskin and Mr. Neguse, impeachment is not merely about what we just said about the law firm.
01:16:29.000Fundamentally, impeachment exists to protect our constitutional system.
01:16:32.000We actually have a live fact check from Rodigan on that State Farm guy, Neguse.
01:16:36.000Yeah, so this comes from Jonathan Turley.
01:17:43.000They're citing people of different opinions.
01:17:45.000You can find people of different legal opinions on almost any issue.
01:17:48.000But they consider that to be irrefutable proof by look this guy said that Donald Trump misrepresented him and this is the exact proof used against him.
01:18:09.000Well, I want to go back to a point you made, that Donald Trump went around the media, and the minute that they figured out, oh my gosh, he's resonating with people, they stopped covering his press briefings.
01:18:24.000So that's bad enough, but they also said, all right, instead of just not showing him, we are going to mischaracterize everything that he says in this briefing that we're not showing you so that you can make up your own mind.
01:18:46.000By the way, it's not like that's the end-all be-all of authority, because you can find some professors who believe you should give six-year-olds puberty blockers.
01:21:08.000But the point is, saying that something was... This is something people don't understand about Gandhi.
01:21:12.000Gandhi was supportive of peace, and Gandhi said that of all... I believe he said of all the British Empire's acts, robbing an entire nation of people of arms will be the blackest.
01:21:21.000I don't know why you can't say, hey, we need reform.
01:21:23.000This system isn't working for us right now.
01:23:04.000Neil Meyer asks, Hey Bill, can Biden be impeached for failure to enforce immigration laws?
01:23:10.000He's technically aiding and abetting, right?
01:23:12.000Well, there's a lot of wishy-washiness when it comes to the standard for impeachment.
01:23:17.000That's why there's so much question and so much outcry over when we decide something is treasonous, when they're aiding and abetting a foreign enemy, or a domestic enemy for that matter.
01:23:28.000And the definitions are not entirely clear.
01:23:30.000One, we have a civil law system that's based on precedent.
01:23:33.000The precedent itself changes, it grows.
01:23:35.000It's like a glacier or like a stalactite that has different layers that grow over time.
01:23:40.000And so when you ask whether or not Biden can be impeached for failure to enforce immigration
01:23:44.000laws, I think the question you have to ask is, is Biden the one actually enforcing those
01:23:49.000And a lot of the times the immigration laws themselves are subject to prosecutorial discretion.
01:23:53.000It's the canon of law and practice that has been around not only in Europe prior to America but throughout American history that says prosecutors are the ones that decide are they really going to try and take you for that you know quarter ounce of doobie that you've got or are they going to say let's go focus on more important things.
01:24:10.000Now clearly the senate for democrats they have decided that they want
01:24:14.000to go after what just is clearly just a bunch of non-fun gummies um that you you need to get
01:24:20.000through what is going to be another terrible year and so i would say no most likely a president or any
01:24:27.000official won't be impeached for not enforcing the laws particularly given that biden is not the
01:24:33.000one who's actually enforcing these laws themselves so no could have been the answer
01:24:38.000I don't get paid by the hour by just saying no, Joe.
01:24:41.000I know, that's a very lawyerly response.
01:24:47.000Quick Draw Shirts asks, question for Bill, why isn't the Supreme Court halting this proceeding?
01:24:54.000Because there is no Chief Justice presiding over this trial.
01:24:58.000So there's a lot of power you have in the Supreme Court when you actually have some ground to stand on.
01:25:03.000As we've seen throughout the election questioning, and we've seen throughout the presidency of Donald Trump, when the Supreme Court doesn't have solid ground to act on, they simply don't act.
01:25:15.000Here, we know that one of the four tenets under the Constitution says that when there is a president and he's being impeached, or she's being impeached, someday in the future, Kamala, I'm looking at you, next month, so when you have the president being impeached, it's very clear under the Constitution that the Supreme Court Chief Justice of the United States would be the one who sits in.
01:25:37.000The actual rule does not say anything about having anyone else being impeached and requiring the Chief Justice.
01:25:44.000The history in the Senate itself is very common, that when you have non-presidential impeachments, which do occur from time to time, you often have the President Pro Tem of the Senate.
01:26:01.000So he's the one who's actually going to be presiding.
01:26:04.000There's definitely some furor over whether that's happened, but even historically, sensitive votes have been presided over by the President pro tem.
01:26:11.000Not that unusual, but really it comes down to the Supreme Court.
01:26:15.000Have they really been doing a whole lot right now?
01:27:09.000So now folks have even raised the question of whether or not, let's say you even get to a conviction, that any kind of conviction would be subject to judicial review by the Supreme Court as having not followed the rules.
01:27:21.000And that's, again, the part that shows that this is more about the theater than anything else.
01:27:26.000It's about saying, oh hey, can we get this guy on the stand?
01:27:33.000Can we get some free air time from CNN who's breaking away from every other moment of coverage to give you the most boring thing I've ever seen in my life.
01:27:41.000I mean, there's a whole world going out there and all they want to do is talk about this impeachment.
01:27:44.000And now, of course, we have to talk about it.
01:27:47.000If it wasn't for us, you wouldn't be able to watch this.
01:27:49.000You'd fall asleep halfway through this without us.
01:27:52.000Well, you know, because Biden created the vaccine, I heard.
01:27:54.000So, you know, he's the reason I have it, right?
01:28:11.000All right, final question and I'm going to get out of here.
01:28:13.000Benjamin Hill asks, what would be the pros or cons of having Trump testify at his own trial if the trial proceeds?
01:28:21.000Now, clearly Benjamin Hill does not watch Law & Order or any other kind of show of the law because everyone knows that when a criminal defendant or an impeachment defendant decides to take the stand, they're going to have to testify about all kinds of things.
01:28:35.000They're going to have to They're going to waive any kind of Fifth Amendment privilege.
01:28:38.000They're going to waive other kinds of privilege or confidentiality.
01:28:41.000They have the right to not testify in their own defense, but once they do, you've got to start answering questions.
01:28:47.000And sometimes, just the act of asking the question, and seeing their eyes dart back and forth, or them go, and not answer the question, is going to be problematic.
01:28:58.000So most defendants, most criminal defense lawyers, I don't practice criminal defense, but my friends in the criminal defense world, say you're not likely to go up there and say anything even if you're
01:29:07.000innocent even if you have really great evidence because of the fact that it opens you
01:29:12.000So I think that the pros are definitely outweighed by the cons here but there's no
01:29:16.000question that having a direct commentary from the former president would without a doubt answer some questions.
01:29:25.000Answer questions for both sides and to really see what was done here.
01:29:28.000But we know that we have the words of the President from January 6th.
01:29:33.000We know what those words actually say.
01:29:35.000For those who have actually read through those words and looked at them, you can understand why, again, every article talking about this goes, it's going to be really, really, really, really hard to get that two-thirds majority for an actual conviction.
01:29:50.000We would have more of his words if Twitter hadn't banned him, if Facebook hadn't banned him.
01:29:55.000We would be able to hear him say, no, no, no, you guys are idiots, and underline the word, go home in peace, and underline the word, peacefully make your voices heard.
01:31:54.000Hey, by the way, bring back up the drinking game rules there, Quarterback Garrett, and you're going to have to be the one on top of it, because I can't, I don't remember these.
01:32:01.000Insurrection, hate speech, subverted democracy, terrorist, QAnon, and hate speech is already there.
01:32:07.000Wow, that Wild Turkey 101 really hits you.
01:32:39.000You get $30 off, and Half-Asian Bill will update us some point in the future on the lawsuit with Facebook, and of course the hashtag is Crowder Impeachment Stream.
01:32:50.000We need to get the Hodgetwins some beer so that they get a little bit more chatty.
01:33:33.000And then, outside of that, we try and use what are determined to be liberal sources from PolitiFact, Southern Poverty Law Center, even though we know that that's not true, right, because they declare half the churches to be hate groups because they believe that two dudes shouldn't be married.
01:33:46.000But we use those just so that YouTube and Facebook can't claim we aren't using legitimate news sources.
01:33:54.000So when they try and say we need to stop mainstreaming alternative viewpoints and we need to start pushing into the algorithm authoritative news sources, these people, the elected officials, again, who you would want to think have some kind of an inside lane that you don't, their sources are tweets.
01:34:13.000This is a perfect example of what happens, right?
01:34:15.000This is a perfect example of the incestuous relationship between Washington D.C.
01:34:20.000says, well, we need to impeach him because look at these pieces of evidence that we see from anonymous sources completely uncorroborated by the media.
01:34:28.000And they go, so we're going to impeach.
01:34:30.000And then the media goes, this is the only president who's been twice impeached.
01:34:54.000Because he was the guy, for that period in time, to point out the unholy alliance of media and the elites in Washington, D.C.
01:35:01.000I don't think anyone else could have done it.
01:35:03.000I think Ted Cruz would have made a good president.
01:35:05.000I think there were other candidates who would have made good presidents.
01:35:07.000But I think they would have played too nicely.
01:35:10.000So the fact that Donald Trump does have an ego, that he is a little bit bombastic, is also exactly what we need because the guy lining up on the other side of that fence is Chuck Schumer with a raging erection.
01:39:01.000The most evidence that they had was some people in Russia spent $3,000 or $10,000 on 3,000 Facebook ads, something like that.
01:39:09.000You guys made sure that the unions, the media, the elected politicians, that there would be no coverage of voting irregularities, that it would be banned from big tech.
01:39:19.000You made sure that they changed their voting laws and their mail-in laws after the constitutional deadlines.
01:41:25.000All because of these damn rappers Country music hasn't necessarily been accepting you guys
01:41:32.000with open arms either outside of hoodie. Let's Let's see what this guy said.
01:41:39.000Lifted up from the agony, and I won't forget their tenderness.
01:41:48.000And through the tears I was working on a speech for the floor, when we would all be together in joint session, and I wanted to focus No shit.
01:41:58.000unity. Oh, when we met in the house. Oh, really? Okay. How you gonna focus on the famous 1838 Lyceum speech where he
01:42:07.000said that if division Republican and destruction ever come to
01:42:12.000America, it won't come from abroad. No **** It'll come from a man. It'll come from within from the Democrats. So, got
01:42:45.000If you're a business who lost your entire life savings and ability to provide for your family, all because some bitch from BuzzFeed boldly, with a crew cut, decided she wanted to burn this mother down, there's no recourse for you.
01:44:01.000I'm not saying to go and kill anybody.
01:44:05.000He put an accountability measure in the process.
01:44:09.000And that's what you're saying that we don't have today and that's why it's so important for the media to not be biased.
01:44:13.000They have to go after both sides equally so that you can't get away with this crap.
01:44:18.000We don't want people killed, obviously, right?
01:44:20.000I'm just saying that there was accountability.
01:44:22.000If you wanted to put yourself in this position to make claims, you knew at the end of the day, if rain doesn't come tomorrow and I say rain comes tomorrow, something's gonna happen, right?
01:47:08.000Because all he said was it's fair to question an election that has irregularities.
01:47:13.000It's fair for me to go, hey, I only lost by 10,000 votes.
01:47:16.000I am sure we can find 12,000 people that voted illegally in Georgia, which is basically what he was saying on the phone to the Georgia Secretary of State, saying, hey, help me out here.
01:47:58.000That's why people were saying, well, why don't you... Listen, all I'm saying is that Mike Lindell, for example, has gone out with claims that I couldn't possibly verify, and so I won't make those claims.
01:48:06.000I won't make those claims, I would have to go to court.
01:48:08.000Here's something that I can 100% verify.
01:48:11.000Dominion said, and still says, that their machines, the voting tabulation machines, don't hook up to the Internet.
01:48:19.000We don't know where they were hooked up, we don't know how long they were hooked up, but there are still official statements out there saying they cannot be hooked up to the Internet.
01:48:42.000It is the promo code FIGHTLIKEHELL because all of you need to fight like hell.
01:48:46.000Don't expect it to just be us or be your elected officials.
01:48:50.000The good news is all of you have a voice and that's why we're doing this right now so you don't have to watch this by yourself and stab your own eyes.
01:53:35.000You would charge him with a crime and try to put him in prison.
01:53:37.000That's what you should do right now if you are so confident and you think it is so important that a president can't act outside the concerns of the American people in the last two weeks.
01:53:45.000put him in prison then. Well this accomplishes their goal twofold okay so they don't have to go
01:53:49.000to a criminal court and that's important because in a criminal court would be a first amendment
01:53:53.000issue right people say well you can't yell fire in a crowded theater well okay of course you can
01:53:57.000yell fire in a crowded theater if there's actually a fire yeah exactly the problem is lying and
01:54:01.000encouraging people to acts of violence so they would have to prove in a criminal court that he
01:54:05.000deliberately knowingly incited and encouraged people to commit acts of violence which of course
01:54:09.000would be very difficult to prove considering that he repeatedly said peacefully and patriotically
01:54:13.000so they know that they wouldn't have any standing so what they can do to the american public however
01:54:18.000who don't understand what is going on they can present this to them as though it's some kind
01:54:22.000of a criminal charge the impeachment process and at the same time make you scared to speak out
01:54:28.000right this Because what does this say?
01:54:30.000If any of you think, hold on a second, did my vote really count?
01:54:55.000There was one we got an answer on, and then there was one that we didn't, because I have a lot of relatives in Michigan.
01:54:59.000I think, is there something that we have half-Asian Bill Richman, is it half-Asian Bill Richman has something he wants to talk about?
01:55:05.000Alright, listen, we have a few more chats from my half-Asian lawyer Bill Richman here, because he's going to answer some of your, why are you laughing?
01:58:22.000I'm gonna have to pass that to somebody else.
01:58:24.000A tyrannical government is a corrupt government.
01:58:27.000I mean, if citizens are opposing a tyrannical government to overturn because what they're doing is illegal and is corrupt, that's justified and everybody's eyes are right.
01:58:38.000Insurrection is you don't have justification to do what you're doing.
01:59:24.000Yeah, but what if the government is saying the people that we're killing are actually people that are committing crimes to try to overthrow the government and so therefore our actions are justified?
01:59:39.000So, Gerald, you raise a really good point, which is the subjective nature of this question, and really what it comes down to, in my personal view, that there is no difference between overthrowing a tyrannical government and insurrection, because by saying, I am going to overthrow a tyrannical government, you are saying, I no longer want to follow the laws that you have set out, because a higher power is telling me that these things are wrong, whether it's human rights, whether it's you know, American values, whether it's, you know,
02:00:04.000God and biblical values or whatever it may be. But you have to acknowledge that
02:00:08.000you are willing to break the law of the land in order to overthrow the government. That's why by
02:00:12.000definition overthrowing tyrannical government
02:00:14.000is insurrection, at least in my book. It is, yes.
02:00:17.000Okay, so the next question is from Stormy Shores, a big fan of Donald J. Trump.
02:00:24.000The question, at LWC, will they have to prove that the people who actually breached the Capitol actually were Trump supporters?
02:00:32.000How can they do that when there were confirmed BLM and known Antifa people arrested, as well as press inside?
02:00:40.000Okay, do you guys want to take a shot?
02:00:43.000The dude was known, Antifa, Black Lives Matter supporter, but I mean, a majority of those people that... They were Trump supporters.
02:00:53.000But only takes when, if you can read all the philosophy books, they say whenever you have an insurrection, it only takes one bad apple to destroy the whole bunch.
02:01:01.000So I think the majority of those people were actually Trump supporters.
02:01:03.000Yeah, and it's too much footage of them just doing stuff they shouldn't have been doing.
02:01:08.000Right, and so my thought on this is the act of proving that they actually were Trump supporters is irrelevant.
02:01:15.000Whether they were Trump supporters or not Trump supporters is irrelevant to the question of did the president incite people to jump in?
02:02:07.000But the difference about why people went inside, that's really what this comes down to, is what were the people doing inside and were they incited by the words of the President when he said, Go home.
02:03:16.000If you find that, say, one third of the bunch was Was not actual Trump supporters and you combine that with the fact that you see police officers waving people in.
02:03:26.000It looks more like a conspiracy by the Democrats to say that this was a Trump insurrection when it was when they actually planned not securing the building properly and waving people in and putting people inside that to pose as Trump supporters.
02:03:41.000Yeah, even if that was the case, Trump supporters were like, yeah!
02:03:46.000And this is why I think it's relevant, but it's certainly not a determinative fact.
02:03:50.000If someone was a Trump supporter and they did something inside the building that was unlawful, the question is, did they do the unlawful thing because Trump incited them to do it?
02:03:59.000And that's where I think, and even all of the folks in the commentators on the left are saying, I don't think the evidence is quite there, and we haven't even gotten to the evidence yet.
02:04:33.000You're going to see a lot of this coming up over the next two days.
02:04:36.000We get to the 16 hours on each side about who was actually there, why were they there, and were they let in, and what did they do, and what caused them to do the actual bad act.
02:04:45.000Was it because they thought, oh, Donald Trump told me to smash this window in, go into Pelosi's office, and take a shit in the top drawer?
02:04:53.000I just don't think I saw that in Trump's speech.
02:04:55.000See, that would be worth the impeachment.
02:04:57.000Well, if someone took a dump in the top drawer, where she hides her indentured servants.
02:05:02.000I mean, the worst part is he opens the drawer to do it, and he's like, it's already full of shit.
02:05:33.000You don't want copycat assholes with a capital.
02:05:34.000Well and here's here's the focus is again it's what did these individuals do.
02:05:38.000And let's say of however many, a couple hundred people who got inside the Capitol itself, let's say of those about half committed a crime.
02:05:44.000Because actually being in the Capitol, if you were invited in, remember, there was press that was invited into the building, on camera, showing their press pass, being said, come on in, come on in.
02:05:54.000We've seen the videos of different people being let into different areas, and we know without a doubt, some people committed of analysm. And then some of the original footage from
02:06:01.000Elijah Schaeffer was removed. Exactly. When he was in there. That's the problem. It's they want control
02:06:06.000over the narrative. They want only their press to be in. They don't want citizen journalists
02:06:09.000to be in. And that's why the guy who's on that board behind you, Andrew Breitbart, he said,
02:06:13.000I remember the speech, the Tea Party speech, he said, everybody hold up your phone. He said, you
02:06:18.000are all now journalists. And that was the shot heard around the world where everyone at CNN
02:06:22.000It took them a few years, but they said, oh, we got to make sure we got to make sure this doesn't happen because now we have competition and we have competition with people who might actually tell the truth.
02:06:32.000And being able to have that democratization of who's actually got the cameras, it's no longer $10,000 systems held by one or two or three news stations.
02:06:39.000And that's all you've got on the tube.
02:06:41.000You've got a lot of other folks who are on the ground being able to create the kind of evidence.
02:07:00.000Buffalo man did they give any argument as to why they invited people in or is it just because it's the People's
02:07:04.000House and people Are always invited in we haven't heard
02:07:07.000We haven't heard from these Capitol Police to be able to talk about it.
02:07:09.000I have to think that, you know, the majority of cops are conservative.
02:07:12.000They probably disagree with what's going on too, so they just waved them in.
02:07:15.000Well, part of the question would be is these are areas that are actually usually open to the public.
02:07:20.000So, you know, if you don't have a clear instruction, imagine this is how it goes.
02:07:26.000Oh, hey, we need to make sure that dangerous crowds don't get onto the Capitol grounds.
02:07:30.000And you're a cop and you've got a bunch of, you know, old people and like, you know, randos who are like, I think they're pretty loose with letting people in.
02:07:37.000Congress no, you know, we want to go on the grounds and they're like, well, my
02:07:40.000instructions don't say I can't let you on.
02:07:43.000We just have these barricades and I guess it's not that big of a deal.
02:08:30.000So one other point I saw was a question we had on Twitter was about some of the language actually in Article 1 that relates to who can try.
02:08:38.000So let me just Let me just be very clear.
02:08:39.000Section 2 of Article 1 of the Constitution says the House is the sole power of impeachment.
02:08:44.000Section 3 says the Senate is the one who tries all the impeachments.
02:08:48.000It then goes on to say in one of the clauses right before Section 4 that when the President of the United States is tried, the Chief Justice shall preside.
02:08:58.000So that's where there's this just lack of clarity as to who's supposed to be presiding at this particular moment.
02:09:04.000And this is that contradiction you pointed out earlier.
02:09:07.000If you guys are saying this is just a continuation of an impeachment, that's why we can impeach a non-officer holder, then you have to still follow the rules and you should have had Chief Justice Roberts.
02:09:17.000I'm actually kind of concerned by your laziness that he's representing me.
02:09:19.000You forgot the subclause that says, or Patrick Leahy.
02:09:43.000Then they want to bend the rules when it comes to the Senate.
02:09:45.000They want to bend the rules when they see who's presiding.
02:09:47.000And now we have someone who is, like you said, he is a witness, Patrick Leahy, a witness, a juror, and a judge, and this is a guy who of course perpetuated the false narrative that Donald Trump was a secret Russian foreign agent.
02:09:59.000Patrick Leahy's pretty high up on the DNC totem pole.
02:10:02.000How did he not know about the Steele dossier?
02:10:03.000How did he not know about Fusion GPS, right?
02:10:05.000Are we supposed to believe that they're all so stupid they don't know that that was planned from the beginning and they were the ones who should be held accountable for colluding with foreign powers?
02:10:14.000Patrick Leahy shouldn't be serving in any capacity to the Democrat Party.
02:10:20.000Well, you know, all of this, the fact that there are so many questions surrounding this is what I think, when you step back, all of those questions raise the ultimate question, which is, what in the F are we doing right now?
02:11:28.000We recognize that people all the world over, and especially Americans who share that special bond with one another, love the freedoms that this country gives us.
02:11:41.000And we all feel that if somebody is unsafe when they're walking down the
02:11:48.000street that the next person that's unsafe could be you, your spouse, one of your children.
02:11:53.000I don't think any of us feel unsafe outside of a, you know, going to places like Baltimore and Detroit and, you know,
02:12:18.000There may be some petty crimes that are being committed because people are bored with COVID, but there isn't a scourge of first-time homicidal maniacs.
02:12:48.000And by the way, he was showing so much concern for the next person, right?
02:12:51.000Whoever the next person could be, except when it was probably Rand Paul.
02:12:55.000Actually, unlike AOC, in the midst of a mob that wanted to kill him most likely, they had to be protected by police, and his wife and his family were threatened with no guarantee that they would be just fine.
02:13:06.000And you know the people who started that, right?
02:13:08.000The BLM protesters, and Antifa, and Maxine Waters supporting them, and Kamala Harris.
02:13:58.000Like, you expect Rand Paul to show up, and you show up like, what's cooking?
02:14:01.000And he's just boiling your pet rabbit like, well, you told me you loved me, but it turns out that your wife's more important than me.
02:14:08.000And by the way, just so you know, I know this guy's probably making the case for Donald Trump, but I know every one of, he was setting them up with that line like, you guys are fearing that you could be next, right?
02:14:18.000Alright, let's hear what he has to say.
02:14:24.000Your wife can testify to what you said, because even though it's technically hearsay, it's an exception because it's the event living through the person.
02:16:19.000When your anecdote is longer than your argument, you're a crappy lawyer.
02:16:24.000It's like, I knew this one lady who used to always like, she would go, she would say, oh, well, I guess I'm kind of going down a rabbit trail, but you know, Andy.
02:16:33.000And she would continue down the rabbit trail.
02:16:35.000Typically, when you say, I guess this is kind of a rabbit trail, you have the common courtesy of allowing said person to get off of the rabbit trail.
02:17:30.000I have been around United States Senators before.
02:17:33.000Two of them in this room from Pennsylvania, I like to think, are friendly toward me, or at least friends of mine, when we're not politically adverse.
02:17:46.000And I have been around their predecessors, and one thing I have discovered, whether it be Democrats or Republicans, United States Senators are patriots first.
02:21:55.000I made the mistake of doing a strength cycle where I was putting on weight and then blowing out my knees so they had to put me on immune steroids at just like 240.
02:23:02.000In our system of government, and if you read the Federalist Papers, we're very fortunate because the Federalist Papers were authored as an explanation for why it is the states... Okay, all right, Thomas Finnegan, he travels quickly, so now Thomas Finnegan, hopefully, we'll be talking about our on-the-ground impeachment reporter.
02:25:50.000And in each one of those examples that I mentioned, and there are certainly others probably that are smaller countries that lasted for less time that I don't know about off the top of my head.
02:26:35.000And you guys, you know, on Mug Club, you can chat, let me know, or you can tweet me if you want us to cover this tomorrow, because it's going to be another four.
02:26:44.000I really don't want to, but we'll see what you guys think.
02:27:52.000It only took him nine rounds to get warmed up.
02:27:55.000He's like Rocky, getting his ass beat the whole fight.
02:28:00.000That our liberties are enumerated in the Bill of Rights.
02:28:06.000It's not an accident that the very first liberty in the first article of the Bill of Rights is the First Amendment which says Congress shall make no law abridging freedom of speech, etc.
02:28:42.000Something that... Did you just have to look down for that?
02:28:45.000Mr. Raskin and his team brought up is that... Let me check my notes.
02:28:51.000A suggestion from former President Trump's team that when various public officials were Not denouncing the violence that we saw over the summer.
02:29:04.000That that was somehow the former president equating that speech to his own.
02:30:18.000Consider it like a cartoon, where it's just like, if I just do this, you can just see images of me stabbing myself at my computer yesterday for six hours.
02:35:56.000And what do you do with a federal issue if you're back in suburban Philadelphia and something
02:36:03.000happens that makes the people who live there incensed?
02:36:09.000You call your congressman, and your congressman, elected every two years, with their pulse on the people of their district, 750,000 people, they respond.
02:36:21.000The congressman calls you back, a staffer calls you back, you get all the information that they have on the issue.
02:36:28.000Sometimes you even get invited to submit a language that would improve whatever the issue is.
02:36:35.000Well, when the pendulum swings, perhaps the next person that gets impeached and is sent here for you to consider is Eric Holder, during Fast and Furious.
02:36:45.000Attorney General of the United States.
02:36:47.000Or any other person that the other party Give specifics.
02:36:58.000Look, this is why Donald Trump said fight like hell.
02:37:13.000And this guy is not only not fighting dirty, he doesn't need to fight dirty, but he needs to fight concentrated, at least targeted with an effort.
02:38:52.000You know, it's interesting because I don't want to steal the thunder from the other lawyers, but Nebraska... I think stealing thunder should be the least of your worries.
02:39:31.000to me come on every bring on don't you come on come on bring on someone who can
02:39:35.000bring some heat here there's no someone needs to come in and go hey that guy was
02:39:40.000a part of the collusion with Russia and Donald Trump of being so hey there's the
02:39:44.000bitch who said she wanted to impeach him before he had even held office hey look
02:39:47.000there's the asshole who is sending dick pics to everyone in the Lower East Side
02:39:50.000hey you sure you want to go forward with this that's what someone needs to do
02:39:55.000coming out here by the way isn't interesting that you use constitutional
02:39:58.000arguments really you took it out of context and then cited some trans male
02:40:02.000who wrote some opinion piece and then cited a tweet do you guys really want to
02:40:06.000have this conversation right now hey how about this I dare you guys to bring us into a criminal court because he's a private citizen.
02:40:12.000Let's have a motion for discovery and see what kind of evidence we have on you guys, right?
02:40:16.000You wouldn't even want us to see what's in your iPhone cloud picture storage.
02:40:20.000Someone needs to come in here and put up a damn fight!
02:40:23.000Yeah, I want somebody to come in there and walk in with this overlay from Chuck Schumer, right?
02:40:27.000Chuck Schumer, the first person to speak, if he was a little bit closer I could tell you exactly what he said, but he's saying, you have no idea what kind of whirlwind you have called down, what is going to hit you, right?
02:40:37.000And he's saying this to the Supreme Court, right?
02:40:39.000Words that you would think, oh my gosh, this is inciting violence.
02:40:42.000If you guys keep doing this, you have no idea what kind of whirlwind you're calling down and what's going to hit you in the face.
02:40:47.000That's what the first guy that spoke today, that opened up our proceedings said at Supreme Court.
02:41:15.000One time I was at Applebee's and they didn't have seats in the foyer so we had to sit at the bar and the air conditioning wouldn't stop blowing on you.
02:41:23.000And I asked the server if we could move seats and do you know who the server was?
02:41:34.000He was actually a friend who I hadn't seen in 45 years and then just someone has... even the plastic forks just go... Alright, let's see if this guy... I'm sorry guys, but I just... I hate seeing this as our representation.
02:43:30.000Now, previous impeachments, like President Clinton, said the president shall be found guilty of high crimes and misdemeanor for engaging in one or more of the following, and then gives a list.
02:44:26.000No person shall be a senator or representative in Congress or elector of president and vice president or hold any office civil or military under the United States or any other state who having previously taken an oath as a member of Congress or as an officer of the United States or a member of any state legislature or as an executive or judicial officer of any state to support the Constitution And shall have engaged in insurrection or rebellion against the same.
02:44:58.000Or giving aid or comfort to the enemies thereof.
02:46:12.000And fortunately, Senators, sometime in the past, realized that you can't do that because you passed a rule that says, hey, you can't do that!
02:48:37.000Why are they afraid of the very people that sent them to do this job?
02:48:42.000The people they hope will continue on that?
02:48:47.000Why are they afraid that those same people who were smart enough to pick them as their congressman aren't smart enough to pick somebody who is a candidate for president of the United States?
02:49:00.000Why fear that the people will all of a sudden forget how to choose an administration in the next few years?
02:49:08.000And in fact, this happens all the time.
02:49:52.000Is the fear that the people in 2024, in fact, will want to change and will want to go back to Donald Trump and not the current occupant of the White House, President Biden?
02:50:06.000Because all these other times... That's actually a great point.
02:50:10.000It's a good point because think about it.
02:50:11.000We had eight years of Barack Obama where average American wages, I think we can bring this up, average American wages went up $1,000 in eight years.
02:50:17.000And in the first three years of Donald Trump, the average American income went up $5,000.
02:50:27.000Donald Trump for three years, and there was COVID, of course, which was a pandemic that was largely exaggerated and exacerbated by Democrat policies and really global government policies.
02:50:37.000And then they're going to have Joe Biden, who eliminated more jobs than anyone in his first week of the presidency.
02:50:43.000And here's the thing, Americans are going to be able to go, hold on a second, hold on a second.
02:51:33.000They do not want the possibility of Donald Trump to run again.
02:51:37.000And not only that, they also, again, they want to send this message because if there's someone who is Trump-like, someone who's in the school of Trump, someone who is not a Washington insider, they want to be able to say, look, this person, this person, he's the incarnate of Donald Trump.
02:52:11.000Maybe if Donald, if a reality star can do it, if people who don't have experience in an industry, really, and that's what it is, an industry, government, where you can gain experience nowhere else and it becomes this vicious incestuous cycle, maybe there's an ember telling you you want to run and they want to say, look, we are going to destroy your life.
02:52:28.000We are going to find everything you've ever tweeted, everything you've ever posted, everything you've ever said.
02:52:33.000And even if you didn't do it, guess what?
02:52:35.000We're going to make it up, like Russia collusion, like pissing on Russian prostitutes, like all kinds of business corruption that never actually occurred.
02:52:41.000And even if we can't make that stick, then we are going to impeach you by saying that you incited violence when you said, let your voice be heard patriotically and peacefully.
02:52:50.000This is meant to be a public execution, not to scare Republicans, but to scare you.
02:52:57.000From ever trying to create a government representative of the people.
02:53:02.000Do you really think Nancy Pelosi represents you?
02:53:05.000Do you really think Chuck Schumer represents you?
02:53:07.000It's ironic that the billionaire playboy who was in Home Alone 2 had his thumb to the pulse of the American people more than anyone in Washington D.C.
02:53:17.000because that's how out of touch they are with the American reality.
02:53:21.000Everything that is happening right now is designed to intimidate you.
02:53:24.000That 70 plus million Americans, they want you all to be afraid.
02:53:27.000And against that, you have to fight like hell or you will not have a country anymore.
02:53:33.000Do not allow yourself to be intimidated.
02:53:36.000If you think you can run for office, run for office.
02:53:39.000Everyone in Florida, run for dog catcher for all I care because DeSantis is going to create some new law where then Facebook and Twitter can't ban you.
02:54:16.000...says judgments in cases of impeachment shall not extend further than to removal from office.
02:54:24.000and disqualification to hold any office of honor, trust, profit under the United States,
02:54:32.000colon, but the party convicted shall nevertheless be liable and subject to indictment, trial,
02:54:40.000judgment and punishment according to law.
02:54:52.000He's trying to refute that and thing real quick.
02:54:53.000I want to hear if he has a good argument.
02:54:55.000President Trump committed a criminal offense.
02:54:57.000And let's understand, a high crime is a felony and a misdemeanor is a misdemeanor.
02:55:01.000The words haven't changed that much over time.
02:55:05.000After he's out of office, you go and arrest him.
02:55:09.000So there is no opportunity where the President of the United States can run rampant in January at the end of his term and just go away scot-free.
02:55:18.000The Department of Justice does know what to do with such people.
02:55:23.000And so far, I haven't seen any activity in that direction.
02:55:26.000And not only that, the people who stormed this building and breached it were not accused of conspiring with the prisoners.
02:55:34.000That's what you do with the prisoners in Gitmo.
02:55:36.000You just send him in and leave a loaded pistol on the table.
02:55:40.000Judgment, in other words, the bad thing that can happen, the judgment, in cases of impeachment, i.e.
02:55:46.000what we are doing, shall not extend further than removal from office. What is so hard about that? What
02:55:58.000of those which of those words are unclear shall not check notes extend further than removal
02:56:04.000from office. President Trump no longer is in office. The object of the Constitution has been achieved.
02:57:18.000I stand before you on what I have always thought is the hallowed ground of democracy.
02:57:25.000In this room, American lives have been changed so dramatically in just my lifetime through so many of your legislative initiatives, from the Civil Rights Act when I was a child, through most recently the First Step Act.
02:57:38.000Laws that have provided major opportunities for Americans to move forward I like this dude.
02:58:26.000You should go in and say, I stand before many United States Senators who have never held private office because you are incompetent.
02:58:34.000Yeah, who have never signed the front of paychecks and have no idea what it is to get a $2,000 check and no job because of coronavirus shutting your business down.
02:58:53.000It's not like you're going to miss anything.
02:58:57.000My overriding emotion is, frankly, wanting to cry.
02:59:00.000For what I believe these proceedings will do to our great, so long enduring, sacred Constitution, and to the American people on both sides of the great divide now characterizes our nation.
02:59:14.000Esteemed members of the Senate, going forward with this impeachment trial of a former President of the United States is unconstitutional.
03:00:06.000Had nothing to do with Donald Trump's speech.
03:00:08.000But more than willingly wait for the actual evidence, especially with new evidence coming in every day about pre-planning, about those who are involved, and about their agenda bearing no relationship to the claims made here.
03:00:24.000They say you need this trial before the nation can heal, that the nation cannot heal without it.
03:00:30.000I say our nation cannot possibly heal with it.
03:00:36.000With this trial you will open up new and bigger wounds across the nation for a great many Americans see this process for exactly what it is.
03:00:44.000A chance by a group of partisan politicians seeking to eliminate Donald Trump from the American political scene and seeking to disenfranchise 74 million plus American voters and those who dare to share their political beliefs and vision of America.
03:01:04.000They hated the results of the 2016 election and want to use this impeachment process to further their political agenda.
03:01:13.000These elitists have mocked them for four years.
03:01:16.000They've called their fellow Americans who believe in the Constitution.
03:01:18.000We have this source from Just the News.
03:01:19.000The attack was planned well in advance of Trump's speech.
03:01:22.000As described below, evidence uncovered in the course of the investigation demonstrates that not only did Caldwell, Kroll, Watkins, and others conspire to forcibly storm the U.S.
03:01:30.000Capitol on January 6th, they communicated with one another in advance of the incursion and planned their attack.
03:01:37.000Turns out they weren't all that inspired by election voices be heard peacefully and patriotically.
03:02:01.000left out of the nation's agenda as dictated by one political party that now
03:02:07.000let's see every time he goes for one please please but they're proud
03:02:13.000Americans who never quit getting back up when they roll And they don't take dictates from another party based on partisan force-feeding.
03:02:22.000This trial will tear this country apart, perhaps like we have only seen once before in our history.
03:02:29.000And to help the nation heal, we now learn that the House managers, in their wisdom, have hired a movie company and a large law firm to create, manufacture, and splice for you a package designed by experts to chill and horrify you and our fellow Americans.
03:02:48.000They want to put you through a 16-hour presentation over two days, focusing on this as if it were some sort of blood sport.
03:03:03.000For they surely they are much better ways to achieve each.
03:03:07.000It is again for pure, raw, misguided partisanship that makes them believe playing to our worst instincts somehow is good.
03:03:18.000They don't need to show you movies to show you that the riot happened here.
03:03:22.000We will stipulate that it happened and you know all about it.
03:03:26.000This is a process fueled irresponsibly by base hatred by these House managers and those who gave them their charge, and they are willing to sacrifice our national character to advance their hatred and their fear that one day they might not be the party in power.
03:03:43.000They have a very different view of democracy and freedom from Justice Jackson.
03:04:29.000I can promise you that if these proceedings go forward, everyone will look bad.
03:04:33.000You will see and hear many members of our Congress saying and doing things they must surely regret, but perhaps far worse than a moment of personal shame in a world in which history passes from our memories in a moment, our great country A model for all the world will be far more divided and our standing around the world will be badly broken.
03:04:58.000Our arch enemies who pray each and every day for our downfall will watch with glee.
03:05:04.000Glowing in the moment as they see you at your worst and our country in internal divide.
03:05:13.000If you vote to proceed with this impeachment trial, future senators will recognize that you bought into a radical constitutional theory that departs clearly from the language of the Constitution itself and holds, and this is in their brief, That any civil officer who ever dares to want to serve his or her country must know that they will be subject to impeachment long after their service in office has ended, subject only to the political and cultural landscape of the day that is in operation at any future time.
03:05:48.000This is exactly the position taken by the House managers at page 65 of their brief.
03:06:10.000Imagine it now, because your imagination is the only limitation.
03:06:16.000The House managers tell you a correct reading of the impeachment power under the Constitution
03:06:21.000is that it has no temporal limit and can reach back in time without limitation to target
03:06:26.000anyone who dared to serve our nation as a civil officer.
03:06:29.000Now add that to their demand that you members put your imprimatur on the snap impeachment they returned in this case, and can do again in the future if you endorse it by going forward with this impeachment trial.
03:06:44.000This is an untenable combination that literally puts the institution of the presidency directly at risk.
03:07:51.000Perhaps my friend put the situation simply and sharply into focus last week on his radio show.
03:07:56.000My friend is a distinguished lawyer who served as an ambassador to former President Obama and has friends among you.
03:08:02.000He described himself to his listeners as a dyed-in-the-wool, lifelong Democrat.
03:08:07.000But he said, the idea of a hundred people in these circumstances deciding that tens of millions of American voters cannot cast their vote for their candidate for president ever again is unthinkable.
03:08:23.000I will discuss today several reasons this matter should not and must not proceed.
03:08:27.000Why the Senate lacks jurisdiction to conduct this trial of a former president.
03:08:32.000Hey, President, no longer in office and now a private citizen.
03:08:35.000Any single reason in our trial memorandum or discuss today suffices.
03:08:40.000But I want to start with a discussion of the fundamental due process lacking from the start.
03:08:45.000And that would last through the end if this goes forward, because it is this irretrievably flawed process and its product, a dangerous snap impeachment that brings us here and threatens to send a message into the future that we will all regret forever.
03:09:04.000And that stain, this body, which up to now our founding fathers believed was uniquely suited for the most difficult task of conducting an impeachment trial, as Mr. Hamilton wrote in Federalist 65.
03:09:20.000I make no apology for demanding in your name, in the name of the Constitution, that the rights to due process guaranteed under the Constitution are adhered to in a process as serious as this.
03:11:41.000The relevant timeline in the House reveals the rush to judgment.
03:11:44.000On the day following the January 6th riot, the House leadership cynically sensed a political opportunity to score points against the outgoing then-President Trump, and the Speaker demanded that Vice President Pence invoke the 25th Amendment, threatening immediate impeachment for the President if Mr. Pence did not comply with this extraordinary and extraordinarily wrong demand.
03:12:05.000Four days later, on January 11th, 2021, the instant article of impeachment was introduced in the House.
03:12:12.000Speaker Pelosi then gave the Vice President another ultimatum, threatening to begin impeachment proceedings within 24 hours if he did not comply.
03:12:22.000to the nine impeachment managers would be, and on January 13, 2021, just days after holding a press conference to
03:12:27.000announce the launching of an inquiry, the House adopted the article of impeachment.
03:12:31.000Completing the fastest impeachment inquiry in history, and according President Trump's own personal opinion, the House
03:12:35.000rejected Speaker Pelosi's demand, favoring instead adherence to the Constitution and the best interests of the nation
03:12:55.000Over strong opposition, based in large part on the complete lack of due process.
03:12:59.000To say there was a rush to judgment by the House would be a grave understatement.
03:13:03.000It is not as if the House members who voted to impeach were not mightily warned about the dangers to the institution of the presidency and to our system of due process.
03:13:13.000They were warned in the strongest of terms, from within their own ranks, adamantly, clearly, and in no uncertain terms, not to take this dangerous snap impeachment course.
03:13:23.000Those warnings were framed in the context of the constitutional due process that was denied here.
03:13:28.000Consider the warnings given by one member during the House proceedings, pleading with the other members to accord this decision the due process the Constitution demands.
03:13:38.000This is Representative Cole of Oklahoma.
03:13:41.000With only one week to go in his term, the majority is asking us to consider a resolution impeaching President Trump.
03:13:48.000And they do so knowing full well that even if the House passes the resolution, the Senate will not be able to begin considering these charges until after President Trump's term ends.
03:13:58.000I can think of no action the House can take that is more likely to further divide the American people than the action we are contemplating today.
03:15:53.000In the name of healing, a path forward, he said, our people so desperately need, he warned that, quote, the House is moving forward erratically with a truncated process that does not comport with the modern practice and that will give members no time to contemplate They won't.
03:17:13.000Because cable news was saying Donald Trump still has access to the nuclear codes and he is crazy and he is going to turn the military on us and do you guys remember that from CNN?
03:17:24.000People like Amanda Carpenter and Jake Tapper and those guys were out there saying we've got to get him out of office right now and by the way saying that you should invoke the 25th amendment That's treasonous to say, take him out of office because I disagree with him.
03:18:10.000You guys said that he wouldn't leave office, that he would have to be forcibly removed, and what he did was basically like, nah, I don't want to be at the party.
03:24:58.000The guy steps on stage not ready for this at all.
03:25:00.000But imagine, like, they act as though, like, if they could sway somebody, if this was an impartial pool of jurors, that they could sway their vote, then yeah, this makes sense.
03:27:31.000No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, It's like black hockey players, there are a few of them.
03:27:45.000Same thing with the Jewish people, there are some black Jewish people.
03:27:47.000There's like a little band, right, that keeps the hat from falling off?
03:28:19.000Anyway, I was doing it at a synagogue, and they gave me one, but they didn't tell me how to use the clip.
03:28:25.000So the problem is, if you don't use the clip, it just creates a barrier between the yarmulke and your head, and while I was doing stand-up, it just kept falling off on the floor, which is disrespectful.
03:28:37.000Well, they were actually pretty cool about it, so what I did was like, I'm sorry, I've never performed at a synagogue, and I just put it on the microphone.
03:28:59.000So Friday night, by the time I got to the second show, I realized, oh, they're only going to laugh if I make racist jokes against white people.
03:29:07.000And I did the same thing with those people in the synagogue that night where I just had the guy with a little microphone with a yarmulke talking about what a Gentile I was.
03:30:44.000I don't know when this was, but if someone looks up, because I remember in the green room, the night that I performed was the night that Rashad Evans headkick knocked out Sean Salmon.
03:30:53.000So whatever year that was, that was the year that I opened up for Bruce Bruce, and that was a year and a half late because I was supposed to open for him because I won a MySpace comedy contest.
03:31:01.000They're like, you won, it was on the front page of MySpace called So You Think You're Funny.
03:32:32.000That's what I'm saying, like in legal, we'll talk to Bill about this later, but the legal ones, there's little small little arrows that point in.
03:33:02.000Oh, ain't face idea, bitch, let me tell you.
03:33:06.000I feel like he's looking for Nehemiah in the Old Testament, like, I have no idea where to go.
03:33:09.000Yeah, that previous guy shows up to give a toast, he looks down at his notes, and he looks up and everyone's hung themselves.
03:33:17.000Alright, let's listen to his closing statements, and then we will have half-Asian Bill Richmond come in and take your legal questions, because I don't feel they've been proficiently answered by these folks.
03:33:56.000It still is funny because it's like he's decided that he's sticking with the practice of touching his head, but he can't be bothered to wear the yarmulke.
03:34:17.000It is far too dangerous a proposition to countenance and you must resoundingly reject it by sending the message now that this proceeding, lacking due process from start to finish, must end now with your vote that you lack jurisdiction to conduct an impeachment trial for a former president whose term in office has expired and who is now a private citizen.
03:36:12.000As the Supreme Court explained in United States vs. Brown, The best available evidence, the writings of the architects of our constitutional system, indicate that the Bill of Attainder Clause was intended not as a narrow, technical, and therefore soon-to-be-outmoded prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function.
03:36:53.000When the senate undertakes an impeachment trial of a private citizen, as it clearly understands to be the case
03:36:58.000here, supported by the facts that the chief justice is not providing and Mr. Trump is not the president, it is acting
03:37:05.000as a judge and jury rather than a legislative body.
03:37:09.000And this is exactly the type of situation that the Bill of Attainder constitutional provision was meant to preclude.
03:37:16.000It is clear that disqualification from holding future office, the punishment the House managers intend to seek here, That really is what it's like.
03:37:30.000It's like Dark Knight when Scarecrow comes back and says your punishment is death or exile.
03:37:42.000In other words, well, it's impeachment because you were sitting in office, but now you're not in office.
03:37:46.000So we don't really have to do the same kind of process as an actual legal process with a judge and jury.
03:37:52.000And we're also not going to, even though we're saying that you acted criminally, we're not going to file criminal charges and do it in criminal court.
03:37:57.000By the way, the same guy who's going to be presiding over this is also a witness and a juror.
03:38:54.000Oh, we don't like what you say, you're a racist.
03:38:57.000We can prove it because we have video that's been edited to make it look like you're a racist and all the TV networks are going to say, yeah, yeah, exactly, he's a racist.
03:40:19.000I've got them right where I want them.
03:40:20.000I'll make them think that I want the Jews to have the right to exist, and I will do it my whole life without changing my opinion, and then that's all.
03:40:40.000The Chief Justice clearly is not presiding.
03:40:43.000And the conflict of interest wouldn't necessarily just arise as a substitute for the Vice President.
03:40:48.000It's the appearance of a conflict of interest and the prejudgment that we've discussed.
03:40:57.000In this case, as we say, the Chief Justice clearly is not presiding.
03:41:00.000The Senate President pro tempore is presiding.
03:41:02.000It appears that in the leader's view, unnaturally joined by other senators, this is permitted by the Constitution because the subject of the trial is a non-president.
03:41:12.000As such, it is conceded, as it must be, that for constitutional purposes of the trial, the accused is a non-president.
03:41:20.000The role of the Senate, though, is to decide whether or not to convict and thereby trigger the application of Article 2, Section 4.
03:41:27.000The President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for conviction of treason, bribery, or other high crimes and misdemeanors.
03:44:22.000I'm going to give us another three minutes and then I'm going to let half-Asian Bill Richmond come in and answer some legal questions because he's far more qualified than I am.
03:44:31.000I can't wait to hear his music, his walk-in music.
03:44:44.000No sound textual interpretation principle permits a contrary reading.
03:44:48.000In the words of the Supreme Court, it is a normal rule of statutory construction that identical words used in different parts of the same act are intended to have the same meaning.
03:44:58.000Unwittingly or unwillingly as it may be, Senate Democrats in their announcement that Senator Leahy is presiding have already taken their position on this matter.
03:45:08.000The text of the United States Constitution, therefore, does not vest the Senate with the power to try him and remove him, a factual nullity, he can't be removed, or disqualify him, a legal nullity, as if he were the president.
03:45:23.000House managers contend the Senate has jurisdiction over this impeachment because despite the fact that he's no longer the president, the conduct that the former president is charged I feel like he started off stronger and now he's too close to the forest to see the trees because it's like, look, what people need is if you're going to change any minds here, it's not going to be the textualist.
03:45:44.000He started off stronger and now he's too close to the forest to see the trees because it's
03:45:47.000like look, what people need is if you're going to change any minds here, it's not going to
03:47:17.000That's the difference between reading legal briefs, and you do have to, especially since this is taking place in the public square, appeal to people emotionally, and at least make Democrats emotionally accountable for the turmoil they're trying to put the American public through.
03:47:30.000Well, exactly, and I think what you would do is you would rightly place blame where it belongs.
03:47:35.000Donald Trump didn't fan the flames of division.
03:47:37.000He didn't come out against himself, right?
03:47:40.000You can go and look at the videos of all the things that they have said against him that were not accurate just by expanding 30 seconds either way, right?
03:47:47.000If they want to know who to blame for the outrage at the Senate and at Congress, Look at yourselves.
03:47:54.000You're the guys that went out there to CNN and said Donald Trump was a racist.
03:47:57.000You're the guys that went out there and said these are the kind of protests that you can expect when you oppress people even though the facts that you were quoting weren't facts.
03:48:38.000I tell you what, when Donald Trump had Arsenio Hall win Celebrity Apprentice, that almost made me racist.
03:48:44.000This is the first time that the United States Senate has ever been asked to apply the Constitution's textual identification of the President in the impeachment provisions to anyone other than the sitting President of the United States.
03:48:58.000Maybe they think he still is the President.
03:48:59.000And of course most significantly from a textual approach.
03:49:13.000Of course we would never say anything like that on the show.
03:49:15.000We would say that there were some voting irregularities which you can go back to our actual live election stream which we covered for two days in live real time which is the only reason I think it wasn't removed because it was so screwed up that we were covering it as it was coming in that at that point YouTube didn't even have an excuse for it but that being said we would never say that that affected the outcome of any election.
03:50:13.000Unless you mean a blockbuster premiere of one of the Hunger Games films where everyone was filled with joy because they're Den of the Orcs fans.
03:50:19.000And sure, yeah, that's what the election was like in Russia.
03:50:21.000I mean, if that's what you mean, yeah.
03:51:46.000So I gotta tell you, we've got a lot of legal questions that have come through A fair amount of them are pretty stupid, so I didn't pick any stupid ones.
03:52:38.000Absolutely, this would be less of a shitshow if they actually followed procedure.
03:52:43.000Could you imagine any criminal defendant going, oh hey, so we found out the rules on Monday, also arguments are tomorrow, also, yeah, it says Wednesday, Thursday, and good luck, there's a Q&A at the end.
03:53:06.000You made the rules up at the last minute, you brought people in.
03:53:09.000But, the reason why I pushed back on this question is because I think it's very similar to asking whether or not, you know, you need jet engines and wings on a Ferrari.
03:54:53.000Again, like Stephen says, you kind of want to gouge your eyes out, but you're watching it, you're seeing this, and like, we need this to heal.
03:55:11.000If they threaten officials with bodily harm, if they shoot somebody, if they break into Capitol grounds, they should pay the penalty for that.
03:55:26.000This is like Brett Kavanaugh all over again.
03:55:29.000There's no evidence of any crime whatsoever, but somebody's feelings are hurt, and we're going to put on a public display because it's politically expedient for us.
03:55:38.000We hate Donald Trump so much we feel like we need one more punch at him.
03:55:42.000What's scary is if they had the votes in the Senate.
03:55:47.000That's the reason why I said, man, this needs to be more like a judicial system, but... Well, and I do understand that part, right?
03:55:55.000And look, I've talked to folks across the political spectrum who are very much against the show, and that's Democrats and Republicans, progressives and conservatives, who said, if there's a real crime, punish him.
03:56:13.000That's where you would show your hand.
03:56:15.000If you have the balls to say that Donald Trump incited a riot or an insurrection or an erection, depending on who you ask, then charge him.
03:56:24.000And I guarantee you what they will say.
03:56:25.000If they come out of this and they say, Donald Trump wins, loses, either way, right?
03:56:29.000Then they'll go and say, OK, are you going to charge him as a private citizen with a crime?
03:56:33.000Because that is a crime, punishable, like Stephen said, potentially by death if it's severe enough.
03:56:39.000They'll be like, well, no, for the unity and the healing of the country, we need to move on.
03:56:42.000So now's the time to move on because we can't make the case.
03:56:45.000We just wanted to censure him, but we didn't really want to punish him because it actually is all we need for our Instagram feed.
03:56:54.000So we have another question here from Trevor that actually relates to what we were just talking about, which is, it says, legal question for Bill.
03:57:00.000We've seen video of some of the Capitol Police pretty much inviting some of the protesters into the building.
03:57:17.000And the answer is, Actually, I think entrapment is a legitimate question, but only if someone actually said, hey, you should come on in and then let them in and then told them it was fine, right?
03:57:31.000So that's where the elements really matter.
03:57:33.000So every state has a different law for entrapment as a defense.
03:57:36.000The federal justice system also has its defense, but you have to create the idea as a law enforcement
04:00:15.000You have to expressly have called someone to commit a criminal act.
04:00:20.000There's a couple of different ways, different states and different federal laws have what the actual elements are, but you can't just be like, well if someone was just gonna go over there and shoot that guy in the face for me, that'd be great.
04:00:32.000I mean, you know, you gotta be very, very, very express.
04:01:37.000He was using language that incited violence against the people stealing the election.
04:01:42.000That should be covered under the First Amendment.
04:01:44.000And what we're going to see is how laughable that argument will be over the next couple of days.
04:01:49.000I mean, if you're saying that because I said something that was not inviting someone to crime, and then they decided to go do something criminal, I mean, if you go into Cleveland and you say, oh, hey, the Browns are going to the playoffs, nine people will be dead.
04:02:24.000A. With your legal expertise, if I take a video of a politician saying that a particular item represents white supremacy, and then people wear that particular item or something very similar to that gets attacked because they're wearing it, No.
04:02:38.000and they were told and was led to believe that that was a symbol of white supremacy
04:02:42.000and that person actually caused harm to another person because they heard that politician
04:02:47.000expressly say that. Is that inciting violence? No. Fuck!
04:02:53.000That's close to saying the hat was the new KKK.
04:02:58.000I built by the hour and I still have a simple answer.
04:04:45.000America is built on a constitution that says, hey, we're going to try and get the right results whenever we can, but if we follow the correct process, we have stuck to our values, even if it doesn't go out.
04:04:54.000It's like when you stand there and you go, I could really use this food and I'm not going to steal it.
04:04:59.000I can understand from a moral perspective, from a practical perspective, and you may
04:11:44.000I would like to say this whole charade, it's all just, you know, it's not right versus left, it's more about Trump and the rest of the team revealing the ultimate truth.
04:13:18.000No, listen, I just think, I really do think, if anything, like, here's the backlash right now.
04:13:23.000Democrats, they claim they want to call for unity, and now they're doing this, and what does it make people like me?
04:13:28.000No unity, and I want to see Republicans and Conservatives grow some balls, and a backbone.
04:13:34.000I want to see them resist more than they have.
04:13:36.000Because right now what I see is some people on the right allowing themselves to be steamrolled by people who have no respect or consideration for rule of law and precedent.
04:13:46.000And by the way, Donald Trump is not there to carry your water anymore.
04:13:49.000He's not going to be the guy that pushes back on the system that you guys would like to change.
04:13:53.000You have to pick that ball up and run with it.
04:15:34.000They can't even keep... Here's the thing.
04:15:36.000When everything is situational ethics, when everything is moral relativism, when everything is fluid, they can't even agree on their own rules.
04:15:43.000Some of them still think double masks... Here we go.
04:15:47.000In pursuant to S.S. 47, the Senate having voted the affirmative on the foregoing question,
04:15:55.000the Senate shall proceed with the trial as provided under the provisions of that resolution.
04:18:25.000You know that Mitt Romney, there's a stat that he's far more supported by Democrats in Utah than by Republicans, which is tough to do in Utah.
04:19:16.000As a Republican, what does this get you?
04:19:19.000Well, apparently that little teaser cut together by Michael Bay convinced some Republicans, so let it never be said that they don't stand on principle.
04:19:27.000Look, this is what's so scary about this here, is you see that you have a party and you have some Republicans who are willing to basically criminalize you, although really it's not criminal, we know that.
04:19:38.000Basically they want to publicly punish you for saying something unpopular.
04:19:42.000This is about punishing someone publicly for questioning the systems in place with the election.
04:20:02.000With YouTube you can talk about individual incidents of voter fraud, you can talk about voter fraud occurring even on a significant level, but you cannot in any way imply that that might have had any impact on a national election when some states were won by 10,000 votes at all.
04:20:17.000You're not allowed to, or you face the evil big tech corporate overlords removing you.
04:20:23.000And this is what happens when you have a party, by the way.
04:22:00.000You can look at pastors like Stephen Besson and other pastors or Christians who've owned bed and breakfasts.
04:22:04.000Of course, you know the bakeries here in the United States.
04:22:06.000You can find situations like this here in the UK.
04:22:08.000I have friends who are comedians like Mike Ward who faced a human rights tribunal and a $50,000 fine for telling a joke.
04:22:14.000The United States is the only country left with the First Amendment where free speech is absolute and they try to chip, chip, chip away at it.
04:22:21.000It starts with banning you from college campuses.
04:22:24.000And you say, well it's a private college, they can do whatever they want.
04:22:28.000But when they have pressure exerted on them by student unions and by bodies that have no respect and frankly no consideration for the First Amendment, well now it's no longer an equal playing field.
04:22:38.000Just because conservatives won't use those tools against liberals since we actually believe in more speech.
04:22:43.000And then when it happens on the big tech platforms.
04:22:46.000Where they say, well, hold on a second, you can't say biological male, you have to say she, or you're going to be banned.
04:22:52.000Or in our case, laughing at a transgender, male to female, though it was still a male with a short haircut and a letterman's jacket, he just happened to be wearing bell-bottoms and high heels, and YouTube said, we're gonna demonetize you for laughing at this person when he committed assault against you.
04:23:09.000They said, well, we don't know, we respect free speech, but you can't laugh at a trans male-to-female who's committing assault, because that is also hate speech.
04:23:16.000So, you have free speech, but you don't really, if you want to speak freely on a college campus, you don't really, if you want to speak in the digital public town square, Facebook, Twitter, YouTube, Google, we're going to make sure that we throttle it, and now they're saying, you don't really have that speech, even if you're a former president of the United States, and you said something unpopular, even if you went out of your way to stipulate peacefully and patriotically.
04:23:39.000Look, look, let me tell you something, okay?
04:23:42.000If you are not free, as a former holder of office, to say, the system is rigged, I believe that the system is unfair, which by the way, Democrats did for years, with Russia.
04:23:53.000Bernie Sanders did that with the primaries.
04:23:55.000If you are not free to say, the system is rigged, and we need to examine our elections, and you need to fight like hell, or you won't have a country anymore, make your voice peacefully and patriotically heard.
04:24:06.000If you are not free to speak that, You are not free to speak.
04:24:14.000And we just had, what, 54 people say, who gives a rat's... It's not just about the Constitution and the articles of a former sitting president, of a former president.
04:24:22.000These are charges being brought against a private citizen for speaking freely, and he included the caveat Peaceably.
04:25:54.000I think it's crazy and I think it's stupid.
04:25:55.000And I still think you shouldn't be banned from the public square for thinking something crazy and stupid, just like I don't think Al Gore should be banned from the public square just because he was demanding that three counties be counted so that he could win the 2000 election.
04:26:08.000I think it's crazy for Nancy Pelosi and Hillary Clinton to say that Donald Trump was a Russian pawn and that he needs to be impeached.
04:26:16.000I still don't think they should be banned from social media.
04:26:19.000Because what happens if we allow everyone to speak and the truth to play out ultimately when this is about the institutions that be, meaning big tech, media, and those in the political establishment wanting to prevent the truth from playing out before the public eye?
04:26:39.000It's, hey, we're going to get to the bottom of this.
04:26:40.000Well, they don't need to present evidence and there's no standard of proof.
04:26:44.000What they really want to do when they say get to the bottom of this is ensure that a former president, someone who was voted for by 70 million Americans, is not allowed to express the views shared by 70 million Americans.
04:27:03.000of you out there and your ability to speak freely.
04:27:06.000Make sure you understand that and you have that clear and hopefully you know that you have some people in your corner including a couple of biracial twins which hey that would have been news to all of us about five years ago they were doing nothing but fitness videos and now we got them on our side it's like they're our secret weapon We're gonna see you on Thursday with Senator Ted Cruz.
04:27:24.000Ask him some tough questions and get a legal opinion on that.
04:27:26.000Hodge Twins, Conservative Twins on YouTube, thank you so much for being here.
04:27:29.000We're gonna get you some coffee and a cold shower.