00:00:00.000this is the primal scream of a dying regime pray for our enemies because we're going medieval on
00:00:11.180these people here's not got a free shot all these networks lying about the people the people have
00:00:17.780had a belly full of it i know you don't like hearing that i know you try to do everything
00:00:21.540in the world to stop that but you're not going to stop it it's going to happen and where do
00:00:24.920people like that go to share the big line mega media i wish in my soul i wish that any of these
00:00:32.640people had a conscience ask yourself what is my task and what is my purpose if that answer
00:00:39.600is to save my country this country will be saved war room here's your host stephen k band
00:00:48.080okay welcome back um this we're doing this now because it's very important for us i think to
00:01:01.680understand what happened a while ago a couple years ago because i think we have every possibility
00:01:09.480of having another summer of love like we had back in 2020 particularly if as the the um
00:01:18.060Progressive left and the Marxist-jihadist merger, the Red-Green Alliance, their response to us taking back the sovereignty of our country and that being predicated upon, gets what, wait for it, mass deportations.
00:01:32.700You saw what happened in Los Angeles at the beginning of President Trump's second term.
00:01:39.120As you know, we're huge believers in Bovino and we're huge believers in mass deportations and this thing.
00:01:45.460And when I hear all these people whining about FISA and they want to do this, and they're so concerned about national security, that's all a lie, a bald-faced lie.
00:01:51.840If they don't support mass deportations, and since none of them support mass deportations, it's a bald-faced lie.
00:01:59.220We're going to go back in time, and we're going to break down and get the facts and understand how something, a seminal event in American history happened.
00:02:06.400and to make sure we know the component pieces of that so we can assure if we can't guarantee it'll
00:02:13.160never happen again, but at least we'll be ahead of the curve and up the learning curve on what
00:02:17.200went down and that we can stop it from ever happening again. I want to bring in the author
00:02:22.100T.J. Harker, the book American Scapegoat. To say this book's controversial, it's going to be,
00:02:29.320and it's not coming out, the publishing date's not to October, but I want people
00:02:33.180to get to know Harker. I want him to get to know the publisher that's putting the book out. Most
00:02:38.400importantly, I want him to go know the facts. And really, it's kind of like Thomas Kuhn's,
00:02:43.060The Structure of Scientific Revolutions. This is about information warfare at its highest degree.
00:02:52.620And T.J. Harker teaches a master class in how you break it apart and really get to the facts.
00:02:56.860T.J., thank you so much for doing this. First thing I want to do is give your bona fides.
00:03:30.920No, you're exactly right. So I'm not just some guy with an opinion. In fact, I would say I didn't have a strong opinion at the beginning of this case. I learned about it the same way that all Americans did by watching that four-minute Darnella Frazier video that was on Facebook. But you're right. I do have different bona fides than most people.
00:03:50.380But hang on a second. Hang on. Before you give the bona fides, I want to I want to just say when you first saw this, you didn't come at this from any kind of angle of attack.
00:03:59.160You weren't somehow knew about situations like this or you came at this and heard about it like most Americans.
00:04:04.620You saw that video and you saw it played nonstop on CNN and MSNBC.
00:04:09.620But you had no dog in this fight, no preconception of this, correct?
00:04:14.740No, that's exactly correct. In fact, I saw the video for the first time on public news, public TV.
00:04:20.380in the United States Attorney's Office.
00:04:22.740So coincidentally, I just happened to be at work during a lunch break watching this video
00:04:27.520sort of navigate the globe at the speed of ideology, as I like to say.
00:10:36.260But primarily, I was a white-collar prosecutor handling complex frauds.
00:10:40.560These are the frauds where the defense attorneys are always the most well-paid big law firm
00:10:45.940types. The defendants have lots of money, and they pay a lot of money. Oftentimes, you might
00:10:52.160spend a year or two litigating a matter against somebody who stole $250, $300 million or more
00:10:58.840through some complex scheme, and you've got to prove all that against some of the best
00:11:03.040attorneys in the nation. That's what I did in the state of New Jersey. Then the, I'll call it,
00:11:08.920for lack of a better term, the all-star league of that is at the United States attorneys level,
00:11:14.720at the highest federal level. So if you, if you enjoy prosecuting complex crimes at the state
00:11:19.740level, then you just get more of that at the federal level. And so when did you make that
00:11:25.960transition? And where did you make it? So I made it back in 2016, from middle or early part of 2016,
00:11:34.320I went to the United States Attorney's Office, which again, is part of the United States
00:11:38.780Department of Justice. And specifically, I was located in what's called the Eastern District
00:11:42.880of Tennessee, where, you know, there's an eastern district of Tennessee is where Chattanooga and
00:11:48.940Knoxville are located and some other smaller cities in this area. It's east of Nashville
00:11:52.620by about two hours. And that was during a Democratic administration. So you didn't go
00:11:59.340into this as some MAGA warrior. You did this as a professional. It's a Democratic administration.
00:12:04.960All the U.S. attorneys, there's 94 of them. Of course, there's blue slips. Our audience is
00:12:08.780very familiar with that. But essentially, the president of the United States gets to pick his
00:12:12.960attorney general, the DAG, the PDAG, all of it. But also, most importantly, the front line of all
00:12:19.320that is the U.S. attorneys. And I think President Trump now has like 15 or 16 of the 94. So my
00:12:26.240point is, you didn't go with any kind of political prejudice right out of the box. When you went to
00:12:30.560be a U.S. attorney, you're just going to say, hey, look, whoever's the president is the president,
00:12:33.900And I'm here to to basically run the bad guys. That's correct. I was not a political appointee.
00:12:40.700The United States attorney in this district at the time was a Democrat. He hired me.
00:12:45.440You know, my political views had nothing to do with the matter. I was simply one of the best white collar prosecutors in the nation, which I then proved at the United States attorney's office when I made those two large cases several years later and actually ended up winning a national case of the year award.
00:13:00.560So if you enjoy getting really far into the details on complex evidentiary issues, if you enjoy putting and solving complex puzzles, if you enjoy understanding where the evidence leads, then complex crime is where it's at.
00:13:17.380Like I said, it's extremely interesting. You encounter some of the most intriguing individuals you can possibly imagine, and prosecuting those crimes at the United States Attorney's Office is the pinnacle of achievement when it comes to being a prosecutor.
00:13:31.580But you are correct. There was no political involvement in the matter. I have my own political priors on a variety of issues, but they didn't go into my job when I was a state prosecutor.
00:13:41.000They did not affect my job when I was a federal prosecutor.
00:13:43.800That did not affect my hiring at either the state or the federal level.
00:13:47.060And they did not go into my decision to write this book or even in the facts that I uncovered.
00:13:52.360I simply pursued the facts where they led.
00:14:21.920We're going to go back to May of 2020.
00:14:24.340Very important we understand, and this is all broken down for us,
00:14:27.460very important we understand this to make sure if we're upon a summer of love, you have to
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00:16:44.760I'm going to read you now. Welcome back. I'm going to read you now. One of the pull quotes for the book. That'll be on the cover of the book when it comes out.
00:16:57.900May 2020, the summer of love commences with the death of George Floyd.
00:17:02.660In his exhaustively researched account, former prosecutor T.J. Harker shows that Derek Chauvin is not only not guilty of the murder of Floyd, he argues Chauvin is affirmatively innocent.
00:17:15.460Harker documents shocking stories of prosecutorial misconduct, witness coercion, suppression of evidence, political corruption, and sheer incompetence.
00:17:24.500For those of us who saw through the media manipulation that sparked the summer of love, Harkert now provides an airtight case.
00:17:32.500This is the definitive account of the trial that saw America burn.
00:18:19.440May 26th is the day I first see that video, just like almost everybody.
00:18:23.220And, you know, one of the things that Americans need to realize is the video that they saw was really just the very tail end of that arrest.
00:18:32.080And notwithstanding the fact that a lot of people think they know what happened from having seen that four minute video, really nothing of interest actually happens in that four minute video.
00:18:41.700Nothing that was relevant to the cause of George Floyd's death.
00:18:44.960Nothing that was relevant to understanding why it was that the police used the amount of force that they used, which was really quite little.
00:18:51.340And in fact, nothing at all that's really relevant to the facts of the case.
00:18:54.540But what did happen was two things were seen by America.
00:18:59.200And then those two things that were seen were tied together in a media narrative that seemed
00:19:05.120The first is that there seemed to be a white cop, that eternal symbol of American law and
00:19:12.140order, kneeling on the neck of a black man.
00:19:15.660And the second thing is that the black man was saying, I can't breathe.
00:19:18.680And, you know, if you didn't know anything else about the facts of this case, well, the media tied it all together for you in a nice way by saying the knee on the neck was the cause of George Floyd's death.
00:19:30.380But just hang on. But TJ, I just want to make sure that's what we did see.
00:19:36.160I know not maybe editor, he saw part of it, but you did see a white police officer kneeling for it looks like a length of time.
00:19:43.200I think the clip you're talking about is four minutes, and you did see George Floyd, I think a couple of times, kind of beseeching the cop, I can't breathe.
00:19:52.940You agree that those are facts, correct?
00:19:58.660In fact, George Floyd said, I can't breathe 27 of those times.
00:20:01.980But without getting too far ahead of myself, let me just tell you that George Floyd said, I can't breathe eight of those 27 times before he was in the prone restraint on the ground, before Derek Chauvin had touched his neck, before anybody had touched him in the case of a few of those times.
00:20:17.800The prosecution never had an explanation for why it was that George Floyd was complaining about an inability to breathe and had, in fact, said, I can't breathe eight times before he was in the prone restraint.
00:20:29.640So, yes, the facts that you observed are correct.
00:20:33.240The problem is that they don't actually amount to a causal explanation.
00:20:37.600If you're a normal person, you can say, knee on the neck, man saying he can't breathe,
00:20:57.980and they're going to rely on what is called their chief medical examiner to explain to them how it
00:21:05.100was that george floyd died on may 26 2020 that chief medical examiner the only person in this
00:21:11.680entire case who ever conducted an autopsy whoever had factual hands-on experience hang on let me
00:21:18.640let me slow slow down right there you've been a state prosecutor and you've been a federal
00:21:23.200prosecutor. You just told me about there's two main or main felonies a year, right? A case like
00:21:29.160this as witness would be a state level prosecutor. That would be the local Minneapolis or the section
00:21:35.920of Minneapolis. Those would be either local or state prosecutors. The feds would have no role
00:21:41.100in this at the time that we're in the first couple of days of trying to get this pulled together and
00:21:45.920the evidence pulled together? Yeah, correct. In fact, 99 out of 100 times if somebody, you know,
00:21:52.240a typical murder or a manslaughter case or even a case involving police death is going to be
00:21:58.560handled by the local prosecutor's office not even the state attorney general's office and in this
00:22:03.520case the the case was initially handled by what's called the hennepin county prosecutor hennepin
00:22:09.440county attorney's office hennepin county is the county in which minneapolis is situated so they
00:22:14.640were first responsible for handling the investigation of george floyd's death
00:22:19.720And the chief medical officer would be from be a state level or local guy?
00:22:25.340So the chief medical examiner in this case, that was a man named Dr. Andrew Baker with impeccable credentials.
00:22:32.800He was the chief medical examiner for Hennepin County and several of the surrounding counties, which is a big position because, of course, Minneapolis is the biggest city in Minnesota.
00:22:41.940And so Andrew Baker was responsible, not just for for the county folks and crimes in the county, but also for Minneapolis itself.
00:22:51.820So walk me through it. He gets called in. He's competent. You say he's got a good record. So walk us through what happens.
00:22:57.800Yes. So remember, if you if you're a prosecutor and you've got a murder case that you're considering bringing, the thing at the top of your mind is going to be two issues.
00:23:07.920The first is, how did the decedent, that is the dead person, die?
00:23:25.260If you have kids, you know what that's like.
00:23:27.220Every kid will say, I didn't mean to do it.
00:23:29.160And if you believe them, well, then it's harder to punish them.
00:23:31.680So a prosecutor is always looking at cause or causation and intent.
00:23:35.700And when it comes to causation, that is, how did the victim die? In this case, the prosecutor and in all similar cases is going to turn to their chief medical examiner and say, in this case, Dr. Baker, you've conducted the autopsy. You've written a detailed 13-page single-spaced report. Obviously, this is done in exacting and gruesome detail. How did George Floyd die?
00:23:59.680And if this were not a politically charged case, the case would have ended at this moment.
00:24:05.180And for what it's worth, and I'm sure we'll go into this, there were about seven events over the course of the ensuing 10 months when any prosecutor would have said, OK, this case is finished.
00:24:15.360We obviously cannot prove causation, not only because it didn't happen the way we thought it happened, but it actually didn't happen at all the way that the prosecution alleged.
00:24:25.060So Dr. Baker conducted this autopsy on May 26, 2020, the day after Floyd died.
00:24:30.980And critically, he did not watch that video that Darnella Frazier, one of the witnesses, had recorded until after he had conducted the autopsy because he did not want to bias his conclusions.
00:24:43.360And walk me through then. He delivers that to the local prosecutors.
00:24:47.620What is that 13 page from the chief medical examination examiner say, sir?
00:24:53.760Yeah, it says a lot. And so the first thing that it does is it conducted a detailed and it's really kind of gruesome analysis of George Floyd's body.
00:25:05.320And it paid particular attention to evidence of disease. There was also a toxicology report that went into it that looked into the ingestion of various drugs.
00:25:13.720There was a layer by layer dissection of the various layers of George Floyd's neck on the back and the front and so forth.
00:25:20.820And what it did do was document in detail the bruises and the scratches, the damaged, broken bones and so forth, or wherever they occurred on George Floyd's body, but also what Dr. Baker called the so-called pertinent negatives, the absence of evidence where you would expect to see evidence if a particular theory of the cause of death was correct.
00:25:45.280And so Dr. Baker found a number of pertinent negatives in the neck area of George Floyd.
00:25:52.200Among others, he found no evidence of bruising in George Floyd's neck, even though there
00:25:56.960was lots of bruises over George Floyd's body from the violent struggle that he was engaged
00:30:53.700So it's a little complicated, the fact pattern here.
00:30:56.580I want to tell your audience about three things that happened in May of 2020, from May 25th, when George Floyd died, until June 3rd, when the superseding, that is the second amended complaint, was brought against Derek Chauvin, as well as the other three officers, increasing the lead charge against Derek Chauvin to what's called second-degree felony murder.
00:31:18.220So somehow between May 25th, 2020 and June 3rd, we went from no charges to third degree manslaughter and then up to second degree murder.
00:31:27.440And so the first thing that you need your audience needs to know is that Dr. Andrew Baker conducted that autopsy and found no evidence of asphyxiation.
00:31:35.420That was May 26th, 2020. He told the prosecutors that and some special agents via a web meeting.
00:31:42.920The reason there was a web meeting between the special agents and the prosecutors and Dr. Baker was because, as you pointed out, it was the middle of COVID and they were, you know, everybody was afraid of, well, not everybody, but the prosecutors in Minnesota were apparently afraid of meeting with Dr. Baker in person.
00:31:58.720So they met with him via Zoom. There's detailed prosecutors' notes, internal memos to file explaining what was said. And all of it has nothing to do with Derek Chauvin's knee. There are a variety of different things that Andrew Baker is exploring, including fentanyl toxicity, arteriosclerosis so severe that it was capable of causing sudden death and so forth.
00:32:19.280Let's stop right there. It's May 26, 2020. I want you to remember that date. A couple years later,
00:32:26.440after the original prosecutor on this case had been removed from the case for misconduct by
00:32:32.800Judge Cahill, she ends up leaving the Hennepin County Attorney's Office and files a civil suit.
00:32:39.420In that civil suit, which is unrelated to the case, she is deposed, meaning she gives a statement
00:32:44.280under oath, and it results in a 300-page transcript. In that deposition, the questioner
00:32:51.520asks this lead prosecutor, whose name is Amy Sweezy Tamburino, about the events of May 25th,
00:32:58.260May 26th, May 27th of 2020. And she describes a situation that was chaotic. There was incredible
00:33:04.980political pressure on the office and so forth. But then she also says the following, and I'm
00:33:09.900going to get this as close as I can to the actual quote. Your audience can read it in the transcript.
00:33:14.280She says that Dr. Baker called her. Remember, Dr. Baker did not watch the video before he
00:33:20.700conducted the autopsy. He conducted the autopsy, found his preliminary findings, and then watched
00:33:26.620the video. And then he contacted the prosecutor, this prosecutor who was later removed from the
00:33:31.700case for misconduct. And he says, quote, Amy, what happens when the evidence does not line up
00:33:38.860with the public narrative. This is the kind of case that ends careers. So I mentioned to your
00:33:46.160audience earlier, there are a couple of events in this case, maybe six or seven of them, that would
00:33:50.520cause any prosecutor's hair on the back of their neck to stand up and say, we're done. And this is
00:33:56.060one of those moments. To a normal person, this might just seem scandalous. To a prosecutor,
00:34:01.540if your lead witness, remember the chief medical examiner is supposed to be your lead trial witness,
00:34:06.940has just given you what's called Brady material, meaning he's made a statement that tends to
00:34:13.360exonerate Derek Chauvin. And he's done so in a way that is incredibly damning by saying that
00:34:19.480basically what the public is saying has happened is not in fact what happened. And then added the
00:34:25.180statement, this is the kind of case that ends careers. It puts a prosecutor in a terrible bind
00:34:30.940because you cannot walk away from the statement. Here's the kicker. This statement appears never
00:34:36.280to have been disclosed to the defense. If so, that is egregious prosecutorial misconduct. The
00:34:42.400best explanation that I can think of for this is that because this particular prosecutor was
00:34:47.060removed from the case, the new state prosecutors took over. Those are the people appointed by
00:34:51.980Attorney General Keith Ellison. Perhaps this is the most charitable explanation. They never knew
00:34:57.300about it. That doesn't excuse the Brady violation. It's still a Brady violation, whether they knew
00:35:02.140about it or not, the statement has to be disclosed, but it at least has the generous benefit of not
00:35:07.300impugning anybody's integrity. I want to make sure we get, I want to make sure we whet the
00:35:14.200appetites for the audience to get the book. It's imperative you get the book and the book's not
00:35:18.260out for a couple of months. So I don't want to give everything away because of what you've done.
00:35:22.400However, just a couple of things that it wasn't disclosed at the time. We later have a very well
00:35:29.260documented trial, did Dr. Baker, I mean, Dr. Baker seems to be one of the, as you make the
00:35:34.500case in traditional thing with the chief medical examiner being the guy in his evidence, he's
00:35:39.640central to everything, correct? He's absolutely a central character in this? Well, he was supposed
00:35:45.620to be. And because he simply would not tow the prosecutor's line, there was another event,
00:35:51.060by the way, in that week after May 25th that affected his ultimate findings. But all in,
00:35:57.600Dr. Baker would simply not say what the prosecutors needed him to say, which is that Derek Chauvin
00:36:10.960And so that put the prosecution in a really odd position, which is they had to call their
00:36:16.220chief medical examiner as a witness in the trial, but they also had to rebut their own
00:36:21.320witness by calling other medical experts.
00:36:23.660And these other medical experts testified, in essence, that Andrew Baker was wrong in reaching his conclusions. And it was very unusual situation because they tried to do it in the most polite way possible. After all, this is Andrew Baker at the time and still is a public official. He's a guy the prosecutors are going to have to work with on hundreds of cases a year. And he's still the chief medical examiner.
00:36:46.720So he ended up being rebutted by the prosecution who had come to a different conclusion about how to exploit that.
00:36:54.100Why didn't the defense lawyers make a big deal and flip him and get him to be a witness for the defense and in that find out that he told them – he told them in the beginning hours of this that, hey, your video doesn't match up with the facts.
00:37:08.380I know what it looks like, but it's not the cause.
00:39:23.400President Trump appointed the attorney general of these United States, Bill Barr.
00:39:28.080If this thing is so obviously rigged and you can see when they issue the chief medical examiner's report shows specifically in the report that the Justice Department get a hold of that that didn't kill it, why didn't Barr or why didn't authorities, federal authorities, step in the middle of this and say, hang on for a second, let's get this, let's just figure out what's going on here.
00:39:52.720Why did the Trump administration, and particularly Bill Barr, not get involved, engage in this obvious miscarriage of justice from the very beginning, sir?
00:40:05.740So remember, the death was May 2020, and the trial didn't start until March of 2021, at which point the Biden administration had been inaugurated.
00:40:14.060And so from May of 2020 through the rest of that year, the federal government was investigating, even though there was this parallel state trial going on.
00:40:23.880And in July of 2020, FBI agents and an assistant United States attorney from Minnesota, the same position that I was in in the Eastern District of Tennessee, met with Dr. Baker.
00:40:35.160And during that meeting, the FBI took detailed notes and the assistant U.S. attorney was listening carefully to what Dr. Baker said.
00:40:42.740The assistant U.S. attorney then called the county attorney, Hennepin County attorney, and spoke with a woman there named Beth Stack, and he told her that it was his understanding, meaning the assistant U.S. attorney's understanding, that based upon his meeting with Dr. Baker and these FBI agents, that Dr. Baker had told the federal government that nothing that happened on the ground was related to George Floyd's death.
00:41:09.420That is that nothing that Derek Chauvin did while George Floyd was on the ground, that is during the video that everybody saw, had anything to do with George Floyd's death.
00:41:17.040A month later, the county attorney writes a letter, this is the end of August of 2020, writes a detailed three-page letter to the assistant U.S. attorney basically saying, you're wrong.
00:41:28.960You and all the FBI agents who were present misunderstood Dr. Baker.
00:41:33.420He said that neck compression was related to George Floyd's death.
00:41:36.960So there was this dispute going on behind. Hang on. Hang on. Is that is that is that a lie?
00:41:42.640is well it's not uh is it a lie so the neck compression thing is complicated so let's let's
00:41:49.680jump back to may 25th or may 26th dr baker conducts his autopsy his preliminary conclusion
00:41:56.300is the following that derrick show or that george floyd died of something called
00:42:01.040cardiopulmonary arrest complicating law enforcement subdual and restraint so there's a lot of words
00:42:08.740there. Cardiopulmonary arrest means that his heart and lungs stopped working. Complicating is just a
00:42:15.500medical word for a while. And law enforcement's subdual and restraint is the rest of Dr. Baker's
00:42:22.240initial thought. Hang on, hang on, hang on, slow down, slow down. Hang on for not, you're saying
00:42:27.040the complicating is not because, that's not causative. It didn't cause the cardiopulmonary.
00:42:32.260it was during the time of that, correct? Correct. It will, in the sense of,
00:42:39.640you know, imagine that you had ridden a roller coaster and you have high, you say, let's say
00:42:43.920you've got arteriosclerotic heart disease and you get on the roller coaster and you, your body
00:42:48.880releases adrenaline. The adrenaline causes your blood vessels to constrict further. You've already
00:42:53.500got severe arterial narrowing from your heart disease. And so you have a cardiac arrhythmia
00:42:58.200heart attack on the roller coaster and you die. Would you say that the roller coaster caused you
00:43:03.920to die or you died while you were on the roller coaster? What really happened is the adrenaline
00:43:08.380caused your blood vessels to narrow further than you could tolerate. You didn't get enough oxygen
00:43:12.800to your various organs and you died. So it depends what you mean by causation. But what Dr. Baker was
00:43:20.120saying is medically, the struggle was not the cause of it. It was a contributing factor. The
00:43:25.160struggle was a contributing factor because it caused George Floyd's heart rate to go up,
00:43:29.540his blood vessels to narrow. But that was May 26th, 2020. Flash forward a week to June 3rd,
00:43:37.120and the cause of death has been modified. It is no longer a cardiopulmonary error.
00:43:42.920Hang on one second. We're going to take a short commercial break.
00:43:46.820T.J. Harker, the book American Scapegoat. Explosive. Next.