The Great America Show - JUDGE MERCHAN’S COURTROOM FROM HELL

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00:00:33.900 Hello, everybody. Welcome to The Great America Show. Great to have you with us.

00:00:37.900 We're now less than 180 days until the 2024 presidential election, and Georgia Governor Brian Kemp has finally decided to get serious.

00:00:49.180 The governor this week signing into law three major pieces of election integrity legislation.

00:00:56.600 The three bills aim to enhance ballot security, voter eligibility, verification, and auditing.

00:01:04.280 Protocols in Georgia that some of the key provisions in these three bills include the removal of the Secretary of State from the State Election Board.

00:01:14.240 The Secretary of State becomes a non-voting ex-officio member of that board, and that's a good idea.

00:01:20.660 An update to the tabulation of ballots.

00:01:23.580 It mandates that physical paper ballots, rather than any electronic or machine-generated codes, be used for vote tabulation and recounts.

00:01:33.180 It also allows certain smaller elections to use manually marked paper ballots in lieu of machines.

00:01:40.360 And the new law now requires anyone employed or retained by a county election superintendent to perform election-related duties must be, are you ready for this, must be a U.S. citizen.

00:01:54.540 Who knew?

00:01:55.660 These are all great steps in the right direction.

00:01:58.560 But for years, we were told the 2020 Georgia election system was perfect.

00:02:04.120 It's far from it.

00:02:05.420 They weren't so perfect at all.

00:02:07.760 President Trump was indicted over the challenge to them.

00:02:11.100 It doesn't take a rocket scientist to realize the election was not perfect, not free of fraud, and these new laws only confirm that we were right about the 2020 election from the beginning.

00:02:23.060 Also in Georgia this week, the Georgia Court of Appeals has agreed to review President Trump's appeal to disqualify Fulton County's zany DA Fannie Willis from the RICO case.

00:02:35.120 In March, Judge Scott McAfee ruled that Willis could remain on the case even after the realization that she was compromised every way from Sunday, and much of that with her top prosecutor she put on the case.

00:02:51.220 Our guest today has been following and reporting on all of this, all of President Trump's criminal cases, all of the Stalinist show cases against him.

00:03:01.200 There's no one out there doing any better job than she is. 0.63

00:03:06.220 She is investigative reporter, the intrepid Julie Kelly.

00:03:09.900 Great to have you with us, Julie.

00:03:11.420 Things are moving really fast now suddenly in all of these courts.

00:03:16.120 I want to start with the mistrial that isn't in New York and Judge Merchant talking about jailing President Trump. 0.98

00:03:26.440 This is becoming a, to me, I would think anyone in the New York judiciary would, no matter how biased and ideologically committed, would think this makes them all look like corrupt fools.

00:03:38.540 Well, you would think so, but you haven't seen many of or any of Judge Merchant's colleagues or anyone related to the prosecution team or former prosecutors, former federal prosecutors speaking out about how egregious, how humiliating this whole process has been for Donald Trump. 0.86

00:04:04.660 And even attempting to humiliate his wife, Melania, with these really sickening, twisted questions that were presented to Stormy Daniels for no other reason than to get attention to this case, that no one even understands why Donald Trump is being charged with this.

00:04:22.560 So it's such this is really such a disgrace.

00:04:26.340 And every American should be insulted and really outraged by what we're seeing coming out of that Manhattan courtroom.

00:04:33.980 Is there a consequence for these people?

00:04:36.580 Can, for example, there be a judicial hearing of some sort?

00:04:42.260 I'm talking about the Judiciary Committee and in the House.

00:04:46.900 Is there somebody who can hold these people to account? 0.67

00:04:49.860 Because the questioning of Stormy Daniels was that they were determinedly being purient in their approach, disgusting. 0.65

00:05:01.780 I mean, they were vulgar and demeaning to the entire court. 0.53

00:05:06.620 And Merchant was obviously reveling in it.

00:05:09.920 I don't think that anyone in Washington can do much with Judge Merchant since he is a state judge.

00:05:17.840 So it would require intervention by New York officials, Bar, Judicial Review Committee, some sort of complaint being filed against him.

00:05:27.680 Well, look, we know how these things operate in blue states.

00:05:30.980 He will have no accountability.

00:05:33.500 And look, there is nothing stopping him from putting Donald Trump in jail for contempt of court.

00:05:39.140 He would love he loves this attention.

00:05:42.100 He loves having this sort of authority over Donald Trump and control and power over him.

00:05:47.000 And he knows that he puts him behind bars for contempt of court.

00:05:51.320 Judge Juan Merchant will be in the history books forever as the first judge who put Donald Trump in jail.

00:05:58.380 And so I think that that's something that Donald Trump and his team are recognizing and don't want to necessarily jeopardize, even though it's already backfiring.

00:06:07.840 Yeah.

00:06:08.420 But this is this is a despicable case.

00:06:12.840 Judge Juan Merchant is compromised.

00:06:14.140 He should have recused himself a long time ago, given his daughter's lucrative business ties, relationships with top Democrats.

00:06:21.740 He won't.

00:06:22.960 And of course, we know that his antics in court are only bolstering his daughter's image in the Democratic Party will certainly result in more lucrative multimillion dollar contracts with Democrats and her digital marketing firm.

00:06:37.820 This is just as as dirty as as it gets.

00:06:42.280 It is. 0.88

00:06:43.020 It's it's filthy.

00:06:44.280 And to think you've got one merchant himself, the judge donating to Biden.

00:06:52.040 We've got the lead prosecutor donating to Biden.

00:06:56.520 Yeah, you've the family enterprise is making money off of Democrat donors.

00:07:02.060 I mean, that's what they do.

00:07:04.040 And it's just to me, it's just stunning that there isn't a countervailing force to that.

00:07:09.820 And that, by the way, is something that's got to be fixed.

00:07:12.720 And it can only be fixed, I guess, at this point at the ballot box.

00:07:16.920 But I mean, you know, all hell should fall on their heads for what they've done and what they're trying to do in influencing this election.

00:07:26.480 Let's turn to the news out of Georgia, too.

00:07:29.720 The president getting the right to appeal, Fannie Willis.

00:07:33.280 Who knew they had any standards at all in Georgia?

00:07:37.480 Right.

00:07:38.200 Well, this is obviously good news, a win for Donald Trump.

00:07:42.320 The Court of Appeals agreeing to hear Judge McAfee's really confusing and gutless order refusing to disqualify Fannie Willis, Scott McAfee,

00:07:53.660 making every excuse in the book for her, where the only concession had to be that she removes her lover, Nathan Wade, from the prosecution team, which, of course, he did.

00:08:05.280 But there are no other ramifications for Nathan Wade or Fannie Willis yet.

00:08:09.920 So now the Court of Appeals will hear Judge McAfee's decision.

00:08:13.880 It's going to be a tough one for the Court of Appeals to, I believe, to uphold, given the twists and turns that Scott McAfee went into in that order to excuse Fannie Willis's obviously unprofessional, inappropriate conduct and, you know, making profiting off of this prosecution of Donald Trump and his co-defendant.

00:08:37.500 So but look, Lou, that case is already pretty much disappeared from the headlines.

00:08:42.240 As soon as all of this came out and Fannie Willis embarrassed herself by taking the stand, the media interest in that case and indictment disappeared pretty quickly.

00:08:53.720 Fannie faded real quickly with the media once the again, the the rather obscene image of everything in Fulton County disappeared.

00:09:07.500 From the headlines.

00:09:09.320 Now we have headlines being made by Brian Kemp talking about new laws that are going to be in place in Georgia, talking about House Bill 974-1207.

00:09:23.180 Go through all of that.

00:09:24.480 Mandating that there be.

00:09:25.920 And this is what fascinates me.

00:09:27.660 Mandating that ballots used in optical scan voting systems and ballot marking devices be printed on paper with a visible watermark security feature.

00:09:38.720 Now, in and of itself, they don't like to use the expression electronic voting machines, do they?

00:09:46.100 They've been over backwards not to say electronic voting machines.

00:09:50.040 But that's exactly what they're talking about.

00:09:53.240 And by the way, I'm not convinced that what they're talking about will get to the the vulnerability of electronic voting machines in the state of Georgia.

00:10:01.760 Your thoughts.

00:10:03.420 Well, unfortunately, I haven't had a chance to follow much of that as following all of these various trials.

00:10:09.400 But, you know, I think part of January 6th was to silence any investigation or criticism of the 2020 election.

00:10:18.140 And that simply has not happened.

00:10:20.000 And now we are finding out.

00:10:22.120 And I believe that there's also information coming out of Georgia at the very same time of double counting of ballots in the 2020 election, which is something that Donald Trump and his team was were saying all along.

00:10:33.540 And people of Georgia were saying that, too.

00:10:36.260 So the timing with this also not very fortuitous for Joe Biden and the Democrats, which is good news.

00:10:43.420 But it is encouraging to see governors, Republicans like Brian Kemp, no fan of Donald Trump.

00:10:49.620 And we know he also overlooked a lot of things that happened in his own state in 2020.

00:10:54.480 But he's probably getting an earful from his constituents who want to make sure that the 2024 election in Georgia does not replicate what happened in 2020.

00:11:03.540 And we have pending a ruling from a federal judge, Amy Totenberg, in Georgia, the so-called curling case on the reliability of electronic voting machines.

00:11:18.020 And she's already on record, 135-page record, is questioning all of it.

00:11:23.440 It's going to be interesting to see where that goes as well.

00:11:25.940 We're talking with one of the country's true treasures, investigative reporter Julie Kelly.

00:11:32.840 And we'll be right back with her in just a moment.

00:11:34.820 Stay with us.

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00:13:12.880 We're back now with Julie Kelly.

00:13:15.380 And Julie, as always, thanks for being with us.

00:13:18.260 I want to turn to, if I may, Judge Cannon.

00:13:21.880 And what she has done, to me, it's brilliant.

00:13:26.420 As a mirror observer, she releasing all of this laying bare who Jack Smith is and what has he done.

00:13:36.340 And your feelings about it.

00:13:39.200 Well, as you know, Lou, I've been covering this issue really since after the August 2022 FBI raid.

00:13:46.480 And that is when Donald Trump's lawsuit for a special master, a third party, to go through all the evidence, that is when it hit Aileen Cannon's docket.

00:13:56.420 And she appointed a special master.

00:13:58.760 Remember all the controversy about that.

00:14:01.020 And I was reviewing her order this morning.

00:14:04.280 And she was spot on.

00:14:06.160 And she basically said she did not trust the Department of Justice to handle this evidence properly, that it had already been mishandled in the early stages of the investigation, that this was an unprecedented case, and that the American people deserve transparency and to trust how the investigation would proceed.

00:14:24.400 So she was spot on because what happened last week, Jack Smith comes forward and admits that evidence has been disturbed and moved, that it is not in the same position that it was after the raid.

00:14:37.040 And it does not match up with FBI inventory lists.

00:14:40.400 Also, stunningly, Jack Smith admitted that some of the classified records that they took don't match up with placeholder cover sheets that they put in the boxes, which indicates, are those files missing?

00:14:55.040 Have they been misplaced?

00:14:56.880 Have they been not put in the proper location?

00:14:59.540 So the evidence part and the evidence tampering and the evidence doctoring, and now what the defense attorneys call spoilation of evidence, that it's not in its original condition, really jeopardizes this case.

00:15:15.100 But again, underscores that Judge Aileen Cannon was right when she appointed that special master.

00:15:21.700 She knows how dirty this case is.

00:15:23.560 She's known from the beginning how dirty this case is.

00:15:26.560 And that is why she continues to unseal and unredact all of these motions and exhibits and court filings.

00:15:32.880 She has she wants the American people to see exactly what happened in this investigation and prosecution.

00:15:39.080 And she vacated the May 20th trial date.

00:15:42.060 But she has set hearings on key motions that could further expose collusion between the Biden White House, the National Archives and DOJ to concoct this case,

00:15:52.960 really entrap Donald Trump into some sort of documents crime.

00:15:58.280 And how soon are we going to learn more about that?

00:16:01.740 What is the prospect that we would have all of that visibility on the corruption, really, of the Biden White House, the National Archives, the Justice Department and the Special Counsel?

00:16:16.340 So, Lou, I have a big piece up at Real Clear Investigations.

00:16:20.660 People can check that out.

00:16:21.800 And I go through all of the motions and the exhibits, the evidence and walk through the timeline of how this came together in 2021,

00:16:30.060 before Donald Trump turned any boxes over to the archives, what what these parties were doing behind the scenes.

00:16:36.900 But Judge Cannon yesterday ordered three days worth of hearings at the end of June, where she will entertain this defense motion,

00:16:45.820 claiming that all of these entities were in cahoots and what the defense attorneys have called part of the prosecution team.

00:16:54.940 The prosecution team is not just special counsel Jack Smith, that this extends to all of these other powerful agencies and that they should be considered part of the prosecution team

00:17:03.560 and therefore have to produce records to the defense about what was going on, their correspondence and their emails and their meetings, et cetera.

00:17:12.360 So this is going to be three days of hearings.

00:17:14.480 The media will be forced to cover it and most specifically will involve the Biden White House, Joe Biden's general counsel and deputy general counsel,

00:17:24.900 working with the archives to, like I said, to bring this case.

00:17:29.480 And that was a very shrewd move on her part.

00:17:32.220 So even though there's no trial date, there's going to be a lot of activity in Judge Cannon's courtroom for the next few months.

00:17:38.980 You know, to me, I'm fascinated now about what we're going to learn.

00:17:43.160 And it sounds like we're going to actually find out more about the the ever so murky National Archives.

00:17:50.740 Their role in all of this looks to be, at least at this point,

00:17:55.000 looks like it may have been quite aggressive and quite energetic on behalf of the Biden regime and against President Trump.

00:18:04.460 Do you think I'm far from the mark?

00:18:06.940 No, I think you're spot on.

00:18:08.500 David Ferreiro, who's the National Archivist at this time, at that time, an Obama appointee.

00:18:14.880 He actually called January 6th the worst day of his life.

00:18:18.760 So what does that say about his judgment or his life must be a bed of roses if that was his worst day?

00:18:26.300 Gary Stern, the general counsel for the archives, working very aggressively, to your point, with David Ferreiro,

00:18:32.100 with Biden's deputy general counsel and general counsel, as well as individuals within the Department of Justice to bring forward what was an unprecedented criminal referral to the DOJ.

00:18:46.800 I mean, the archives admitted they have never brought a criminal referral because NARA and they have no NARA and the Presidential Records Act.

00:18:56.240 There's no enforcement authority there.

00:18:58.200 So what they did was work with DOJ to figure out how to put together this criminal referral against Donald Trump

00:19:04.840 and then have the DOJ take off with it, which is what they did.

00:19:08.740 So this is what Judge Cannon has been exposing by unsealing these records,

00:19:14.140 but she will take it to the next level with these three days of in-court hearings that will be, I expect, very explosive.

00:19:24.160 Explosive.

00:19:24.680 I'm getting so I can't wait because we're actually learning things in these at this stage of these trials and these these ripening procedures,

00:19:35.340 as the lawyers might say.

00:19:36.860 I love it.

00:19:37.740 I don't know if they would ever say ripening procedure, but I just did.

00:19:41.500 Just I think it works.

00:19:43.320 All right.

00:19:45.180 We're talking with a real investigations investigative reporter, Julie Kelly, and we're going to come right back and we're going to talk about something I really am fascinated by,

00:19:57.920 because it seems to me that if the Supreme Court were to decide that this president had only reasonable authority,

00:20:05.060 every one of these cases could very well be dropped almost automatically, it seems to me, at least on the federal level.

00:20:12.940 We'll be back with Julie Kelly.

00:20:14.400 Stay with us.

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00:20:44.920 We're back with Julie Kelly.

00:20:51.400 And Julie, I just, Tanya Chutkin, she was such a vivid figure in all of this, and yet now she is receded and looming out there is the Supreme Court.

00:21:04.900 Give us a sense of what was she as a predicate to all that has, you know, flowed from this.

00:21:12.600 Because she was really a nasty, nasty, never, ever Trumper. 1.00

00:21:19.080 Well, she is 180 degree opposite of Judge Aileen Cannon, which is why Tanya Chutkin, an Obama appointee, with a really long recent record of making inflammatory in-court statements about Donald Trump,

00:21:37.500 at one point suggesting that he should be behind bars, that he was responsible for January 6th.

00:21:43.120 She is also, and I've documented this in another piece real clear, just told straight out lies about January 6th.

00:21:50.560 So then, of course, she gets this case, and she acts like the rubber stamp for the Department of Justice and Jack Smith,

00:21:57.920 which is why she gets favorable news coverage, and Judge Aileen Cannon is on the hit list of, you know, the Andrew Weissmans of the world.

00:22:05.860 So what she did there, and of course, that case is indefinitely postponed, to your point, as the Supreme Court now considers presidential immunity,

00:22:15.440 and whether Donald Trump or any president is immune from criminal prosecution for his acts in office, oral arguments were April 25th.

00:22:24.960 It sounded like the Supreme Court probably will send this back to either Tanya Chutkin or the appellate court and ask that the elements of the indictment,

00:22:34.780 that the court then parse out what were official acts and what they consider personal or private acts,

00:22:40.720 which then gets into a whole different, you know, gray area.

00:22:44.180 But people suspect that that's what they are going to do.

00:22:46.600 In the meantime, the January 6th trial case in Washington has been on ice since December,

00:22:52.640 as all of these court proceedings have moved forward.

00:22:56.240 And we'll just have to see what the Supreme Court comes back with.

00:22:59.240 But, you know, the big disappointment here for the Biden DOJ, the Biden White House, Tanya Chutkin, Jack Smith,

00:23:05.980 is they really thought, and this would have been, the quickest, easiest conviction to get against Donald Trump in Washington, D.C.,

00:23:14.600 with, you know, same thing as in New York, 100 percent Democrat jury, a very hostile judge who is working on the side of government.

00:23:24.080 And, of course, these really big, weird charges, which are in Jack Smith's J6 indictment.

00:23:30.200 So it does not look like that trial will be able to be pulled off before Election Day,

00:23:36.200 even if the Supreme Court comes back with the most favorable ruling, which is, no, you're not.

00:23:40.780 No, a president is not immune from criminal prosecution.

00:23:43.060 There's still a lot that has to be done before they could put that case before a jury.

00:23:49.380 What is your view?

00:23:51.120 And what is the view of the people you respect most in the legal profession?

00:23:56.140 What is your view about the reality that you're watching Judge Merchant in New York,

00:24:04.100 Ingeron in New York?

00:24:06.060 They're preposterous prosecutions.

00:24:08.220 And I know, yes, Alvin Bragg is playing a large part in that.

00:24:12.180 Letitia James, the attorney general, playing a large part in that persecution, an absolutely essential part. 0.95

00:24:19.380 But then looking at the Mar-a-Lago raid, it's obvious on its face what that was and is.

00:24:26.900 And it's getting worse by the day for Jack Smith.

00:24:31.920 We're looking at it looks to me like a just laying out the evidence in favor of immunity for any commander in chief, 1.00

00:24:42.220 any president of the United States who could be waylaid by idiots like the people that are so prominent in this. 1.00

00:24:49.180 This obvious, absurd prosecution of Donald Trump at every level. 1.00

00:24:57.700 Correct.

00:24:58.580 So, I mean, there are defense attorneys and others who reach out to me and they're embarrassed for their profession.

00:25:05.440 And they're very alarmed at the precedent that's being set here.

00:25:10.720 You know, Democrats think that this will never turn on them.

00:25:14.420 For the most part, it probably won't, especially in Washington, D.C. or New York City.

00:25:19.380 But that doesn't mean that they're not setting new ground rules and really torching all of these.

00:25:25.720 What, you know, the conservatives like to say norms, you know, our standards and our norms are being blown up.

00:25:33.140 They always said that it was Donald Trump.

00:25:34.620 But of course, it's not.

00:25:35.500 It's the left and the Democrats who are doing it.

00:25:37.800 And you have all of these people from judges to prosecutors, to juries, to the news media, who is cheering this every step of the way.

00:25:47.680 I mean, you had to be embarrassed for yourself yesterday.

00:25:51.360 If you're a court reporter, you're Caitlin Collins at CNN, and you're reporting all of these titillating, you know, gratuitous details.

00:26:02.460 Is this really what you wanted to do as a reporter?

00:26:05.700 Maybe you did.

00:26:06.520 I don't know.

00:26:07.380 But I'm sure some of them felt, you know, embarrassed for themselves and for their profession that this is what they have to be covering because this is what's happening in a criminal courtroom.

00:26:19.240 So, I mean, where does this go after that?

00:26:22.360 That's why I think people are desperate to have Donald Trump back in the White House and bring some measure of accountability and, yes, retaliation and consequences for what has been done, not just to him and others, but by extension to the entire country and our system of legal jurisprudence.

00:26:42.780 What do you think the odds are, the Chief Justice Roberts, who basically skewered the Solicitor General, saying, basically, your argument is that a president can be prosecuted because he's being prosecuted?

00:26:56.520 And that's precisely what the argument was.

00:27:00.100 But at the same time, what will that court do?

00:27:04.800 Why would they sidestep this?

00:27:06.600 Because for the good of the republic, this they will come out as whiffing, in my opinion, for eons in American history if they don't straighten out what is a legal system that has gone to hell in a handbasket preceding perhaps the nation.

00:27:23.600 Right.

00:27:23.820 I think I do think a majority of the justices realize what's at stake.

00:27:27.860 And I believe it was Justice Gorsuch who was pressing during the immunity arguments, Michael Dreben, who is representing the DOJ and saying, we are making we are writing a rule for the ages.

00:27:41.720 They're so used to thinking this only will apply to Donald Trump without caring for a second about the consequences.

00:27:49.600 And even Tanya Chutkin and then the D.C. appellate court, when when Donald Trump's team raised the very distinct likelihood that this will perpetuate a cycle of, you know, new presidents prosecuting their predecessor.

00:28:05.700 And they all downplayed that.

00:28:07.920 Well, that's not going to happen.

00:28:09.240 Michael Dreben did the same thing.

00:28:10.680 He downplayed that during oral arguments.

00:28:12.420 No, because the attorney general would step in and, you know, would stop a president from committing a criminal act or, you know, no, this is not going to happen.

00:28:20.820 They really think that this sort of lawfare will only apply to Donald Trump.

00:28:25.380 And they're so desperate to get to get him right to prosecute and convict him and get him in jail.

00:28:33.360 They don't care about the ramifications for this country.

00:28:36.660 And I think that's what's most alarming about all of this.

00:28:40.320 And so I do hope that the Supreme Court is more responsible and comes back, not splitting the baby on this, but very clear terms on what presidential immunity is, where it applies, and how it cannot, the government, you know, the DOJ cannot abuse that in the future.

00:29:01.140 I couldn't agree with you more.

00:29:03.040 If they decide to take the easy path, the least controversial path, and also the least helpful path, it'll be a shame for the country because they effectively will be consigning the end of the constitutional republic that is ours and under immense threat.

00:29:24.100 Julie Kelly, thank you so much for being with us.

00:29:26.080 We appreciate it always.

00:29:27.360 RealClearInvestigations.com.

00:29:30.980 And can't wait for your next installment and your next appearance here with us.

00:29:35.960 Thanks so much, Julie.

00:29:37.180 Thank you, Lou.

00:29:38.060 Thank you, everybody, for joining us.

00:29:39.840 Be sure to be with us tomorrow for The Great America Show.

00:29:42.340 Our guest will be Senator Eric Schmidt.

00:29:45.180 Be sure to follow me on Twitter and true social at Lou Dobbs and on Facebook and Instagram at Lou Dobbs Tonight.

00:29:52.100 Thanks, everybody.

00:29:52.940 God bless you and God bless America.

00:29:57.360 God bless America.

00:29:58.280 God bless America.

00:29:59.720 God bless America.

00:30:02.680 God bless America.

00:30:03.320 God bless America.

00:30:05.940 God bless America.

00:30:06.260 God bless America.

00:30:08.920 God bless America.

00:30:12.680 God bless America.

00:30:13.380 God bless America.

00:30:16.100 God bless America.

00:30:21.920 God bless America.

00:30:23.660 God bless America.

00:30:25.780 God bless America.

The Great America Show - May 09, 2024

JUDGE MERCHAN’S COURTROOM FROM HELL

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