00:20:28.560Second, the court will address the camera operator and the still photographer.
00:20:32.520If both of you could please approach the lecture.
00:20:35.440the court's purpose in this dialogue is to ensure clarity regarding the expectations
00:20:52.520governing today's proceedings could you both please state your roles for today's hearing
00:20:57.180my role is to capture pool photography still photos my role is for video in accordance with
00:21:04.960the court decorum order. And I apologize, would you mind putting your names on the record?
00:21:09.300Tess Crowley. Megan Thackeray with KSL. Thank you. Have you both reviewed the court's standing
00:21:15.720decorum order? Yes, yes. Do you understand the requirements set forth in that order as it
00:21:20.920applies to your activities today? Yes. Do you require additional time to review the order or
00:21:26.400to adjust equipment to ensure compliance? No. Do you anticipate any difficulty complying with the
00:21:33.760order? No. All right. Thank you both. Before we begin this morning, the court wishes to acknowledge
00:21:44.840the importance of the safety, dignity, and well-being of all those who are present or who may
00:21:50.180be present during these proceedings, including the parties, counsel, witnesses, court staff,
00:21:56.260and members of the public. The court is also mindful of its solemn obligation to protect
00:22:02.240and uphold the constitutional rights of Mr. Robinson and Ms. Kirk.
00:22:09.040In furtherance of those important interests, all persons attending these proceedings are reminded that portable electronic devices are not permitted in the courtroom or on the fourth floor.
00:22:21.100Cell phones are not permitted in the courtroom unless expressly authorized.
00:22:24.340Any unauthorized possession or use of a cell phone or electronic device in the courtroom may be addressed by the court.
00:22:32.240For those individuals who have a cell phone, I invite you to join me as I silence my cell phone
00:22:39.360to ensure that the proceedings today can proceed without distraction.
00:22:46.800The court also expects every person in attendance will be treated with the dignity and respect to which they are entitled.
00:22:53.780consistent with this court standing decorum order all spectators shall
00:22:59.060remain quiet civil and orderly at all times spectators shall not engage in
00:23:04.820conduct that is distracting disruptive provocative disrespectful uncivil or
00:23:10.280threatening in any manner spectators shall not make audible comments of any
00:23:15.140kind shall not shake or nod their heads and shall not make gestures or of other
00:23:20.060visible reactions during the hearing spectators shall also not wear or display pins buttons signs
00:23:28.460clothing photographs or other items expressing support for or in opposition to any person
00:23:34.940connected with this case we're expressing any position concerning the status of this case as
00:23:40.620a capital offense the court appreciates the cooperation of all present in maintaining a
00:23:46.060a courtroom environment that is safe, respectful, and orderly, and faithful to the rights and
00:24:29.200So every morning this court has a colloquy with the camera operators about their ability to comply with this court's orders.
00:24:40.800and they acknowledge that they understand the order and that they can
00:24:45.360comply with it and the court asks them if they have any problem with it and
00:24:49.020they state to the court that they do not have a problem with it. We also spent
00:24:53.880many many many hours of court time addressing which exhibits will and will
00:25:00.600not be published through the electronic media and this exhibit the court ordered
00:25:10.560would not be published through the electronic media and it was and without
00:25:18.660belaboring the point the court can imagine our concern that the media and
00:25:26.440the state who control this exhibit and the publication of this exhibit in the
00:25:33.200courtroom as per the court's orders failed to comply with this court's
00:25:37.780orders after all of the effort that we made and the court made to make sure that the court
00:25:42.740balanced everybody's rights, including the rights that we're concerned about,
00:25:49.600which are Mr. Robinson's. No doubt the counsel for the media and counsel for the state will say
00:25:58.560that it was a very, very brief mistake, that it was corrected as soon as they realized the error,
00:26:05.440but it's done. It's out there. It's photographed. I'm informed secondhand that
00:26:12.400if I want to buy this image and maybe even have it framed and put behind
00:26:15.960museum quality glass I can do so and put it up in my office. Obviously I'm not
00:26:21.960going to do that but my point is it doesn't matter how long the court's
00:26:27.640order was violated when we live in an electronic world. It's done and it's
00:26:32.100permanent and we just wanted the record to be clear that we're concerned that the court's
00:26:38.460orders have been violated and they've been violated with respect to an order that was
00:26:43.100specifically designed to protect Mr. Robinson's right to a fair trial. And I don't want to belabor
00:26:48.180the point any further. I'm also not going to refer to the exhibit with any more specificity
00:26:52.920because it's not necessary. Is there a requested remedy or potential sanction that you feel is
00:26:59.640warranted given the actions which you have outlined this morning? I think that
00:27:05.480we would like to think when I say we I mean Mr. Robinson's counsel about that
00:27:10.500we have as the court knows repeatedly asked this court moved this court not to
00:27:17.080have electronic broadcast of this proceeding of any of the proceedings and
00:27:24.000specifically this proceeding the court denied those motions and overruled our
00:27:29.340objections to the specific EMC requests so I think it's a little premature but
00:27:36.540I can represent to the court that we will suggest a remedy in advance of the
00:27:43.000next hearing well mr. Novak I appreciate that but I would ask that if it is
00:27:49.040something that is concerning that it be addressed immediately so I'm not going to
00:27:53.820wait until this i recognize and appreciate what you have described and this was on my mind a lot
00:28:01.660last night as well okay i don't want to sit on this so i ask you respectfully to confer with
00:28:07.880your counsel and and come up with that because i want to address it i agree it is concerning
00:28:13.440and it warrants examination and to be addressed immediately especially as we have a little bit
00:28:19.400left of our preliminary hearing so I want to give it the way it is needed and
00:28:24.080I don't disagree with you then why don't if why don't we pick the court's
00:28:28.940indulgence we don't need to empty the courtroom we can go talk about what we
00:28:32.460think an appropriate measured sanction would be we can bring that suggestion
00:28:37.580back to the court in a few minutes all right well before we do that I want to
00:28:41.120turn to the state and to the media to address what you've addressed and then
00:28:45.920obviously if there's a part two then then therefore I appreciate the
00:28:49.400invitation and I also appreciate the courts desire to address the
00:28:54.360consequences if any immediately thank you I was not trying to delay it I just
00:28:59.060think it's a it's a it's an issue which which warrants some thought the court
00:29:05.780has said it gave it some thought we will have a suggestion very briefly thank you
00:29:10.520turning to the state. Thank you, Your Honor. I think at the outset it's important to recognize
00:29:26.760that everyone's doing their best here. The court is. I know the clerks are. I think the media is.
00:29:34.800we certainly are in the defenses. This issue came up in the context of an examination of a witness.
00:29:43.940One exhibit was published. Before the exhibited issue was also brought onto the screen,
00:29:52.580I explained what we were going to do, and then the exhibit was brought onto the screen.
00:29:58.740I reviewed the video last night the camera was captured this for
00:30:04.880approximately two seconds the camera operator I think acting in diligence and
00:30:09.600appropriate lists immediately panned as soon as she realized that there was a new
00:30:13.620exhibit on the screen the court took it down as soon as they realized that an
00:30:17.640exhibit was on the screen I immediately instructed my paralegal to take it down
00:30:21.400and it was defense I think everyone involved here made quick and
00:30:28.540appropriate efforts as soon as they realized the mistake had been made to
00:30:32.620remedy and mitigate that issue as I explained what I was having that what we
00:30:38.500were going to do defense counsel did not object as that happened and the reason I
00:30:43.420bring that up is because the requirement for timely objections
00:30:47.820moreover I do want to say this exhibit was read into the record it was allowed
00:30:56.420to be read into the record earlier it is also in an earlier pleading which is the
00:31:03.640information this portion of that exhibit I understand is in the information and
00:31:09.100it is largely cumulative of exhibit 16 and 16.1 which were previously admitted
00:31:16.420into evidence and published to the media finally we're going to be dealing with a lot of publicity
00:31:25.280when it comes to media coverage and I think that's really where the remedy is going to be addressed
00:31:29.660I understand there may be a remedy that needs that can be fashioned today to prevent this kind
00:31:33.940of thing going forward or going on in the future and this hearing but I think ultimately that's
00:31:38.660where this will be addressed any other questions for me your honor well I not at this time I will
00:31:46.400afford you the opportunity obviously to respond when the fence comes back I want
00:31:51.260to weigh this and taking in consideration and and I find your representations to
00:31:56.480be accurate as to what occurred I believe that I noticed it and asked for
00:32:01.160it to be taken down because I have a live stream on my screen for that very
00:32:06.260purpose and the sequence I believe I made note and if I'm wrong please correct me
00:32:11.060It's been a long, four past days, but that's the only addition that I find to the representation.
00:32:18.660And certainly, Mr. Novak, feel free to correct it if you believe the sequence was any different.
00:32:23.960I just want to make sure a clear record is being made of what happened in order for whatever happens next to be appropriate and proportional to the actions that occurred.
00:32:34.840No, and that's consistent with my memory, and I also reviewed the video, the live stream as well, in preparation for this issue today.
00:32:41.620So that's exactly what I think happened.
00:32:43.820From my perspective, examining the witness, I did not have a view of what was being published to the public and the media.
00:32:51.960And so I think the court immediately, as soon as it recognized that, brought that to everyone's attention.
00:38:52.900I want to review this. I'm sure there is a stream out there. I want to look at it again in order to appreciate the full effect and exposure.
00:39:08.500I remember it, but given the nature of this and trying to weigh the constitutional rights of all parties,
00:39:16.160I want to be thorough and look at it exactly so as we move forward, as I evaluate what's being requested by the parties, that I am at the level of knowledge, and because what it is, it was on screen, I want to look at it how long, what exactly was on screen, in order to be at the point of saying, okay, I fully understand.
00:39:42.620I mean, I was here. I saw it. I noticed it on the screen.
00:39:45.140But again, I want to take that extra two minutes to review that.
00:39:49.020I'm not suggesting that we rush through this at all.
00:39:51.220I just wanted the court to understand that our request for the remedy and the sanction,
00:39:57.960we are prepared to share that with the court.
00:40:00.320But we can certainly wait until the court has had an opportunity to review whatever the court thinks it needs to review.
00:40:06.620the permanence of this violation of the court order is a different issue from how long it took
00:40:15.940to correct the violation. It's a permanent consequence. In other words, that image is
00:40:23.780out there forever and ever in violation of the court's order, no matter what actions the court,
00:40:31.500The state and the media took to remedy it because that's the technological world we live in
00:40:37.260So that's my response if I made to the arguments, but we can hold our suggestion until the courts ready for all right
00:40:47.340If the parties feel it'd be helpful to confer while the court is reviewing it you may just so that
00:40:53.640If you choose to I encourage it if you don't I respect that a courts can take about five minutes again
00:40:59.900I just want to review it to be brought up to full speed and just to have it freshly in my mind.
00:41:05.580I'm going to make one more point, if I may, and that is this is not the first time that this has happened.
00:41:09.940We had earlier proceedings in this case where the cameras depicted images inside the courtroom that the court had prohibited.
00:41:19.440And the court imposed certain consequences on the media as a result of that.
00:41:27.020and so that's just something to keep in mind in my opinion thank you all right before the
00:41:36.280court takes a five-minute recess and to review this does any party need the benefit of the record
00:41:42.320based off the dialogue between me and Mr. Novak all right not seeing any part of respond the
00:41:51.500Courts in recess. We'll come back at 9.45. Courts in a brief recess.
00:42:03.200Donald Trump's desperation to silence voters and their deeply unpopular views of his presidency
00:42:08.280has hit an alarming and dangerous new low, with a new report about how Trump's MAGA media allies
00:42:14.200appear to be laying the groundwork for Trump to take control of this fall's midterm elections.
00:42:18.480Media Matters writes this, quote, right wing media figures such as Steve Bannon, John Solomon and Clinton Mitchell appear to be weaving together a narrative about interference by China in U.S. elections to justify a national emergency to curtail voting rights.
00:42:35.960Here's an alarming sample of that. Watch.
00:42:40.300If they can't cheat, they can't win, correct?
00:42:44.740The reason he ain't there and Pulte is to get to the bottom of the 2020 stolen election.
00:42:50.480Stop talking about the SAVE Act and do a national security emergency for elections.
00:42:54.560But also Pulte, this is why they're trying to stop him at D&I.
00:42:58.880Why the firestorm to stop him and to shut down Solomon?
00:43:03.900Because if you want to have an executive order that could withstand an immediate court challenge and be overturned,
00:43:10.740you have to lay out a pretty definitive predicate for that.
00:43:14.740And you heard the name there a few times, Bill Pulte, suggesting that Trump's newly installed
00:43:21.680acting DNI is heavily involved in this plan. Media Matters writes this, quote,
00:43:27.140the main players here come not only from the fever swamp backwaters of MAGA media,
00:43:32.320but also from the office of the director of national intelligence and the White House.
00:43:36.580How MAGA media is laying the groundwork for it just by having the discourse about it.
00:43:43.400Yeah, and look, I mean, we should also keep in mind here that it's not, you know, the people that were outside trying to overturn the 2020 election are now inside the administration actively helping to disrupt and sort of thwart it.
00:43:57.160So a lot of this is through a lens of not just what they're saying on the outside, but how it's working in tandem with these official positions.
00:44:03.000So people on the outside are now running a task force. As you noted, Bill Pulte, who is now at the DNI.
00:44:08.220and the storytellers have kind of signaled what he's there to do,
00:44:11.920which is to help sort of be part of this sort of three-part sequence.
00:44:15.940One is to manufacture a predicate, sort of create the evidence.
00:44:20.160They're going to manufacture something.
00:44:21.820The thing that they seem to be centering around is this idea
00:44:25.680that China interfered in the 2020 election
00:44:28.500and they're going to sort of uncover by declassifying
00:44:32.420a whole bunch of what is supposed intelligence that reinforces and improves that.
00:44:36.220So that's the first thing, manufacture the predicate.
00:44:38.220The second, then, would be to use that to declare a national emergency.
00:44:42.720And then the third part of it is to impose by decree what they haven't been able to get passed legislatively or what has been sort of pushed back in the courts with these executive orders.
00:44:52.580So that is parts of the SAVE Act and to try to further thwart and disrupt the election.
00:44:57.400And that's it. And they are accruing it on the outside.
00:45:00.260They're signaling all of what they're planning to do.
00:45:02.260And they're beginning to move the machinery into official parts of government to actually execute it.
00:45:07.380Put it this way. Jack Smith is not someone prone to hyperbole. And exactly 24 hours and 10 minutes ago on this program, on this station, he told Nicole Wallace that he is very concerned about the midterm elections and the integrity of those elections, not because of external threats, but because the internal apparatus of our government is actually, as Angelo just said, participating in laying the predicate for creating those fears.
00:45:35.340And I want to be very clear about one legal aspect of this, Eamon, which is to say, just saying that there's an emergency is not some talismanic thing that you can waive that invokes all sorts of other powers.
00:45:46.920There are emergency powers and statutes that grant emergency powers, but they are specific statutes.
00:45:53.080So there's a National Emergencies Act.
00:47:08.420Angela, the reporting mentions that Bannon's podcast colleague, John Solomon, who NBC News reports,
00:47:13.320is part of a team gathering thousands of intel documents to give Trump an opportunity to amplify new accusations about past elections.
00:47:22.780And we're seeing this dangerously play out in a state like Georgia as well.
00:47:27.740What do we know about the relationship between the White House and the ODNI and podcasters like John Solomon?
00:47:34.520I mean, that's that's the question here, right?
00:47:36.100Because let's keep in mind, they've been signaling what Bill Pulte is there to do, which is to get to the bottom, is to be a participant in this.
00:47:41.220What Solomon's task force is supposedly designed to do is to declassify documents, to uncover intelligence that proves that the 2020 election was stolen or manipulated by China, in particular, is what they seem to be settling on.
00:47:55.540And so some things happened in the last 24 hours from the DNI where they started to fire career intelligence officials, analysts, for withholding information.
00:48:06.400Now, what information are they claiming that they've been withholding?
00:48:09.020We have no idea. They haven't said anything about it.
00:48:10.960But it certainly lines up with the types of activities that Solomon is designed to get to the bottom of or help expose the very people that would be identifying this internally or saying, hey, this is there's no evidence to back this up are the types of people that they've been purging from the DNI's office and the intelligence community in the last 24 hours.
00:48:28.860So this is part of the synergy. And the last thing I'll just note, because this is the part that I find really revealing, there was a qualified director of national intelligence that was appointed by Trump. And his nomination was ultimately withheld to get confirmed so that he could put this acting DNI in place, Bill Pulte, whose only qualification seems to be that he knows how to weaponize government offices for political purposes.
00:48:51.460And Bannon has been saying all along that he's their guy to help execute this.
00:48:57.360So that there's an intense synergy here where the storytelling, the media apparatus is beginning to sync up with these government entities, something that was a podcasting is now operating under a presidential seal.
00:49:10.320And that's it. That's it. They're almost one of the same.
00:49:13.440Legally, Bill Pulte has a lot of power as an acting DNI and not necessarily a ton of accountability.
00:49:20.000So to Angelo's point and to their point, Melissa was pointing out that because of the way the process works with DNI, he can effectively be acting for as long as they need it and certainly can be acting through the midterms.
00:49:31.880But every lawyer learns one thing in their first year of law school in the constitutional law class.
00:49:38.560That is in April of 1952, Harry Truman tried to seize the steel mills.
00:49:43.800And what was his basis? Well, the Korean War, an appending strike that could have yielded a serious shortage of steel, serious national security implications.
00:49:53.360What did the court say? Justice Jackson wrote an opinion, one of the most famous opinions for evaluating presidential exercises of power, that there are three categories, a sliding scale.
00:50:05.140And when the president is acting inconsistently with the express will of Congress, by the way, Congress has repeatedly, as you know, rejected the Save America Act.
00:50:15.020That's what they're trying to do by using emergency powers.
00:50:18.080That is where presidential power is at its lowest ebb.
00:50:21.360So is it possible they can outrun the courts?