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00:00:33.720Hello, everybody. Welcome to The Great America Show. Good to have you with us.
00:00:38.260President Trump's show trial in New York continued this week.
00:00:41.920The court heard testimony from former Trump attorney Michael Cohen, or as the prosecution would describe him, their star witness.
00:00:50.860Their star witness happens to be a man who pleaded guilty to eight counts of federal tax evasion and who pleaded guilty to perjury.
00:00:59.360And did I mention he went to jail and is dismarred?
00:01:02.360Cohen, their star witness, failed to report more than $4 million in income on his federal tax returns between 2012 and 2016.
00:01:15.640According to the latest tax liens documents, Cohen still owes the IRS over $1 million in back taxes, penalties, and interest.
00:01:25.140Members of Congress, senators, and vice presidential hopefuls showing up this week in the Manhattan courtroom supporting President Trump.
00:01:33.680And one of those people in attendance, Vivek Ramaswamy, vice president hopeful, even though the president said he's not going to select Vivek Ramaswamy.
00:01:44.440Ramaswamy says the jurors are not the only people who will be casting their vote on this case.
00:01:50.200It will be the American people on November 5th.
00:01:55.140And, of course, we know that from the polls that have come out, even from the New York Times, Rasmussen Interactive this week, President Trump is leading all over the country.
00:02:04.720And the conclusion you could draw from that is the American people have already acquitted Donald Trump because the things that they're concerned about, inflation, crime, the border, the economy, all of these things, President Trump is leading by huge double digits versus Joe Biden.
00:02:20.020And the sooner that this scam trial can be concluded, the sooner that the president can get back to getting out campaigning and talking to the American people about the issues that matter to them.
00:02:30.980And on November 5th, we'll find out if the American people choose truth, justice and the American way, or if they choose to keep us on this path of destruction that has been put in place by the Marxist Dems and the Biden regime.
00:02:47.140And with the latest poll, troubles for Joe Biden, Marxist Attorney General Merrick Garland and FBI Director Chris Wray coming to the rescue.
00:02:58.360The two Marxists were on Capitol Hill this week announcing their latest plan to censor Americans under the guise of combating election threats.
00:03:08.520Garland spoke to the DOJ and FBI's work to protect elections from national security threats.
00:03:14.260Garland says it includes the FBI's National Security Division and the FBI's work to protect our elections from national security threats, which in his eyes is anyone who is not a Marxist Dem.
00:03:29.140Protecting the right to vote was a founding purpose of the Justice Department.
00:03:33.940Today, fulfilling that charge means confronting the full range of threats to our elections.
00:03:39.300That includes continuing our work through this task force, our U.S. Attorney's offices, and our FBI offices across the country to investigate, disrupt, and combat unlawful threats against those who administer our elections.
00:03:56.460It includes the Civil Rights Division's essential work to enforce federal voting rights laws and to challenge discriminatory restrictions on access to the ballot.
00:04:06.880It includes the work of the criminal division's public integrity section and our U.S. Attorney's offices to investigate and prosecute election crimes.
00:04:16.420And it includes our National Security Divisions and the FBI's work to protect our elections from national security threats, including malign foreign influence and cyber-enabled campaigns.
00:04:29.500The Justice Department recognizes the Justice Department recognizes the urgency of these threats, and we are prepared to confront them.
00:04:37.780We will continue to protect people's safety, and we will continue to protect our democracy.
00:04:44.020In no world should the word democracy ever, ever, ever come out of Merrick Garland's mouth.
00:04:51.940Garland has done more than any person in the history of the country to undermine democracy, besides Barack Obama and Joe Biden and a handful of others.
00:05:01.560Under Garland's watch, we've seen lawfare waged on more innocent people than we have ever seen before,
00:05:07.000whether it be a former president, former Trump administration officials, or the J-6 political prisoners.
00:05:13.680Our guest today is Attorney Jeff Clark, former Assistant Attorney General, now Senior Fellow at the Center for Renewing America.
00:05:22.060And he's one of those victims of lawfare from Garland and the Biden regime.
00:05:57.300Look, I'm fighting in six different forums, or have been in the recent past.
00:06:02.200Just last night I filed a brief in the 11th Circuit, which spans Georgia, where I removed or I'm attempting to remove the Fannie Willis case from state court to federal court.
00:06:13.740And, you know, that brief, we asked for a delay because we wanted to see how the President Trump immunity case in the Supreme Court goes.
00:06:22.520And one of my arguments in state court, but really it's key to my federal defense.
00:06:28.980You're supposed to get a federal forum if you're a federal official to be able to present federal immunity defenses.
00:06:33.940Is that I'm similarly immune for the actions I took inside the Justice Department.
00:06:41.160They kind of pocket vetoed the extension request, so we had to file last night.
00:06:44.520And the thing that I wake up to seeing basically today really infuriates me that Merrick Garland, Lisa Monaco, the Deputy Attorney General, and Christopher Wray, the FBI Director, are doing a press conference indicating that they're gearing up election integrity enforcement procedures and actions, et cetera, to protect the 2024 election from the right wing.
00:07:09.020And what was the brief I was filing last night?
00:07:11.660One of the arguments I was responding to from Fannie Willis and her lawyer, since I know she didn't write that brief, is that the Justice Department has no role in federal elections and state elections like the one that was held down in Georgia.
00:08:11.680It's, you know, a ten-pot dictator idea of justice in the D.C. courts.
00:08:19.920We go to the federal judiciary and other districts and jurisdictions.
00:08:27.200I have to say, Jeff, I just can't find a place where I think American justice is working.
00:08:33.880What is working is the Marxist version of justice, which is pursuing their own interest and insisting on outcomes that benefit them at the expense of everyone else.
00:08:48.620You know, it's hard for me to argue with you, Lou.
00:08:51.880I'd like to be able to argue with you.
00:08:53.660And I think maybe a decade or certainly two ago, I would have argued with you and said, look, there are really good judges out there.
00:09:02.280But it seems to me that the judges on the left are very energized to get to particular results, and they will do it regardless of what the law says.
00:09:12.340They'll invent new constitutional rights.
00:09:14.160Meanwhile, there are many people who are milquetoast Republican appointees, and, you know, they kind of fiddle while Rome burns.
00:09:22.520They worry about issues that are not so important, and they're not pushing back against all of these developments like lawfare that you're pointing to and actually just, you know, open corruption, right?
00:09:33.840I mean, just take the fact that the special counsel appointed by Merrick Garland and thus really appointed by President Biden to look into the Biden documents that trace to his time as a senator and as vice president.
00:09:47.960You know, they come up with a new test of we're not going to bring this case because he's really not fully compost mentis now.
00:09:56.500The test is at the time he took the documents that were classified, did he have any right to take them, and what was his mental state then?
00:10:05.400And clearly they have him on tape saying, you know, to his biographer, hey, I found the classified documents box in my garage.
00:10:12.460And yet he still gets a free pass, and they're trying to crucify President Trump, who had the ability to declassify documents, I think even through a course of conduct.
00:10:21.520And he is the source of all classification power.
00:10:25.980That's where the whole classification regime starts is with executive orders and the like.
00:10:30.380And they're trying to go after him on the theory that, you know, he's like Mata Hari or something.
00:10:35.800He's an international spy under the Espionage Act.
00:13:33.660Are they household names or are they properly in obscurity?
00:13:37.880They are in obscurity because there are two volunteer lawyers and one volunteer layperson.
00:13:44.900And so I think the whole structure is unconstitutional, right?
00:13:47.760Who who is a private body of volunteers?
00:13:52.060What are how are they to judge my conduct inside the executive branch?
00:13:56.440You know, under Article two of our U.S. Constitution in the superior, you know, font of government,
00:14:03.060the federal government, as opposed to, you know, D.C. home rule.
00:14:06.360So we're talking about D.C. home rule volunteers, one of which is whom is not even a lawyer.
00:14:12.360And they're judging my conduct involving sophisticated legal issues involving the election and constitutional issues under the appointments clause
00:14:19.840and the opinion clause as if they're qualified to judge those issues.
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00:17:47.400And Jeff, let me turn to the Justice Department idea that their announcement that they're going to be cracking down on threats against election officials all across the country.
00:17:58.860They did everything but give us a drum roll, a few trumpets, and have the standards flying high as they march to a noble cause.
00:18:07.700These are the same people who have created truth ministries.
00:18:13.060They have created agencies that are there to enforce their idea, there being the Marxist Dems idea of what is true, what is false, what is right, and what is wrong.
00:18:24.780And they're doing so against the Constitution of the United States.
00:18:28.640What are we to do in response to the ignorance and the vicious intent of this is far more now than a thought crime on the part of the left.
00:18:38.240This is an assault on the Constitution and our way of life.
00:18:42.380Well, I think, Lou, the most important thing to do is to get out and vote and get Donald Trump back in the White House because he is going to clean house at all of the federal agencies if he's returned to the White House.
00:19:08.260I think that we need to see the legal community as well wake up and bring more cases, right, and use the power of state governments.
00:19:19.420We have state AGs, some of whom are quite aggressive.
00:19:22.240And in particular, you picked the issue of the censorship and the public-private partnership on that, the revelations of the hashtag Twitter files, et cetera.
00:19:30.380You know, thankfully, the, you know, there are conservative AGs, Louisiana, Missouri, who are pushing back against that.
00:19:38.720You know, they got a case to the Supreme Court.
00:19:40.160I was, you know, actually terribly saddened to listen to that oral argument and, you know, hear some of the justices say, well, you know, this isn't really much different than when I was at the White House or the Justice Department or special counsel, independent counsel's office, and I'd call up to the press and complain about a story.
00:19:56.640No, it's, of course, it's entirely different.
00:20:02.500They're working with characters like this Elvis Chan, right?
00:20:05.840Even Mark Zuckerberg had to immunize himself to some extent by going on Joe Rogan and admitting that basically the government was leaning on him to censor.
00:20:13.940And that shows you that it's entered in a whole nother sphere.
00:20:17.440It's not just a, you know, slight influence operation.
00:20:20.520It's institutionalized corruption at the highest levels.
00:20:23.380Yeah, he's not immunized against that $400 million he spent to take over civil election offices and to carry out a campaign to alter the election.
00:20:37.480His immunity is resting in his bank accounts.
00:20:41.340And that likely, let's be cynical and also honest, and that likely will be a sufficient immunity against what should be, in my judgment, a prosecution against him.
00:21:02.720There's a new assistant attorney general of the antitrust division.
00:21:06.060I think big tech has been allowed to run roughshod over Americans' First Amendment rights and also to accumulate enormous monopoly power.
00:21:15.520And it's monopoly power that I think is much more of a dagger at the heart of our republic than anything that AT&T did in terms of controlling the telephone network.
00:21:25.240And as we know, in the 70s, that was broken up by, you know, the courts in D.C.
00:21:30.800You know, what's past, you know, could be a future again if people have the political will to do it.
00:21:35.960Yeah, if we do not have the political will and if we do not have the leadership that will break up these companies, including Google, Meta, the list goes on, then we are, we're sitting here, we're looking at the expiration date is coming into focus for this constitutional republic.
00:21:57.180Because these companies are so powerful that they can and have.
00:22:01.740Think about Google, think about Meta, dozens of interferences in the 2020 election, 2022 election, and it's reported as a matter of, if you will, rote.
00:22:14.860But the reality is there should be an outrage.
00:22:18.440There is no public outrage because the public cowers before the extraordinary power of these prosecutors, the FBI, weaponized against the American people.
00:22:32.000This is a battle between we, the governed, and our government, and whether or not they're going to seek our approval ever again.
00:22:40.880I want to turn to the client privilege issue, Michael Cohen playing a secret, a secret recording that he made of a conversation with his client and played it in an open court.
00:22:55.400You know, Lou, it's been a constant theme of all the lawfare against President Trump that his attorney-client privilege in any capacity, whether as the official capacity that he held when he was president of the United States to receive advice from lawyers at the White House Counsel's Office privately or advice from Justice Department lawyers like me privately,
00:23:16.980or in his private capacity, in his campaign capacity from folks like, you know, John Eastman, his privilege with John Eastman was burst by a California judge who, you know, found, I think, without any evidence that they were engaged in a crime.
00:23:32.500He applied the crime fraud exception, right?
00:23:34.700It's gotten to be so bad that, you know, when I raise attorney-client privilege with the president in his official capacity, you know, some of these adjudicators look at me like I have two heads.
00:23:44.300Like, well, we already know the story because there was the January 6th committee, et cetera.
00:23:48.940And then the response is, well, but they violated President Trump's privileges.
00:23:53.060They totally did not respect them, whether it's executive privilege, attorney-client privilege, something.
00:23:57.460I have a letter from the Justice Department even that tells me to take law enforcement privilege.
00:24:02.320But, you know, these things have been sliced through like a hot knife through butter.
00:24:05.260And so what we're seeing with Michael Cohen, who, you know, I'm sorry to say, but is truly a legal bottom feeder, is, you know, just it's off the charts.
00:24:16.120But it's like he's much worse than that.
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00:25:44.220We're talking with Jeff Clark and Jeff, he's at the Center for Renewing America.
00:25:49.000I want to I want to turn to Jack Smith, admitting that he has violated the same law as used against January six defendants to imprison them in the D.C.
00:26:01.280He has admitted to tampering with evidence and there is no response at this point.
00:26:11.220We know that this special counsel, Robert Herr, gave just gratis, apparently, a pass to the sitting president because, as you earlier referred to, he's mentally impaired.
00:26:48.520Well, Lou, I mean, you know, they're throwing everything they can at us and against any attempt to reclaim the true republic, all while wrapping themselves in false claims that President Trump is going to be a dictator.
00:27:02.900I mean, was he a dictator in the first term?
00:27:04.760You know, didn't we, you know, see him work with Congress?
00:27:08.300Didn't we see him engage with the courts?
00:27:11.120Didn't we see him actually on January 20th, 2021, board the helicopter and, you know, fly out?
00:27:18.860You know, these things are so ridiculous, but it's almost, you know, we got to be like really good world class soccer or hockey goalies.
00:27:28.240But what the left is counting on is that they just keep, you know, jamming the puck at us again and again and again.
00:27:34.280And they hope that like one slips through.
00:27:36.660And, you know, what's happening with Jack Smith here, right?
00:27:39.600We're talking about this statute, 18 U.S.C., 1512 C2.
00:27:43.520I was pleased actually to moot that case at the D.C. circuit level before it went to the Supreme Court, Fisher.
00:27:49.700And, you know, the case, that statute was designed to fill a, you know, a kind of loophole that was created, that merged, I should say, in the Enron debacle.
00:28:03.720It's focused on document destruction and tampering and the like.
00:28:07.720They weaponized it and tried to turn it into, because of some loose catch-all language, into something they could use against people who went into the Capitol on January 6th.
00:28:19.840What did they actually say in English?
00:28:21.860I mean, what they basically said is you're impeding an official proceeding, which was pure nonsense.
00:28:29.220The documents that were touched, you know, in some way contaminated by the people touching the hands of their government, the papers of their government.
00:28:52.340These are stupid people making ridiculous arguments that couldn't stand the test of anyone with average logic and an understanding of basic law.
00:29:04.280I mean, it's crazy that it gets through the federal judiciary.
00:29:07.100Yeah, it's, Lou, look, you know, if you're, if you had a legal practice like I've had, right, it's sophisticated high levels, both in the government and in private practice.
00:29:17.420You know, you sometimes come across very green lawyers, or I also was a law professor at what's now called Scalia Law in Virginia for a decade.
00:29:25.400And, you know, the, the young lawyers will start to spot problems, right?
00:29:28.740So if I had a student and he said, I read that statute to say, you know, obstruction of an official proceeding, oh, I could, you know, we could apply that to this.
00:29:35.580I would say, okay, look, you're reading the text well, but the thing you need to develop through practice is, is judgment.
00:29:43.080And judgment, in some instances, can't be taught.
00:29:46.200You need to kind of be around lawyers who are experienced.
00:29:48.860You need to read lots of judicial decisions and you'll get a sense of what arguments will work and what arguments don't.
00:29:55.840But I think in the Biden administration, in the early days, their heady days of their shock and awe campaign after January 6th, they decided, you know, that, well, this, you know, this looks good on paper and therefore we're going to launch it.
00:30:08.840We, you know, the consequences be damned.
00:30:10.560And, you know, compared to Jack Smith actually engaged in conduct that the statute covers, many of us who saw that picture with the color-coded cover sheets, you know, splayed out on the floor, we're like, that's totally fake.
00:30:23.680There's no way you found the documents like that, right?
00:30:26.280And, of course, that's now been admitted.
00:30:59.620And once, you know, Kerkard once said, to understand is to negate.
00:31:05.180Now, we can go through the understanding of what's happening with young professors, young students.
00:31:11.400We're talking about the United States government.
00:31:14.960And that then becomes that explanation of that understanding becomes, to me, really rationalization for epically criminal conduct on the part of the government.
00:31:25.680There should be a purge of that government that is organic, coming up from the Justice Department itself, coming up from the White House itself.
00:31:35.980Instead, they are running this country like what it's become.
00:31:41.640It's become a dictatorship under a totalitarian Marxist-dim puppet president run by how many in the cabal that run him?
00:31:51.520But one of them has a name that starts with an O.
00:31:53.760Well, they have not fully consolidated power, Lou.
00:31:58.920And that's why this election is so important, because I fear that if they win this election, the lawfare they'll continue with, the breaking of political foes, the destruction of the true conservative and populist wing of the Republican Party will continue.
00:32:15.700And they'll just return to a, you know, docile Republican Party who, you know, just feeds off table scraps.
00:32:23.400And we have to, you know, break that era and see that it doesn't return, because it's clear that they're aiming for a one-party monopoly and running the country, Lou.
00:33:05.540The pretense has to end, and the assault has to start.
00:33:10.480If there's no counterattack from the Republicans, we're not, November 6th is going to be a very dark day in America.
00:33:17.420Because we don't see anyone in the Republican Party putting together ground forces, attorneys being recruited and enlisted to carry out the important work of challenging.
00:33:31.640Instead, we're watching the FBI getting ready to make sure that poll workers, you can't get within 100 feet of them.
00:33:38.700So there can't be Republican watchers.
00:33:42.420And I just want to get a sense from you as to what you expect to happen if this is the level of energy the Republicans are bringing to that campaign and to that election.
00:33:57.060I mean, there's some bright stars like, you know, J.D. Vance.
00:34:01.940And, you know, I can think of several other senators, you know, like Josh Hawley, et cetera.
00:34:07.780But, you know, it's really, we need President Trump.
00:34:09.980And I've coined this term journal lawfare, you know, trademarked, which is, I think it's a new phenomena of these, you know, former lawyers, former federal prosecutors, former FBI or intelligence community members.
00:34:32.320And they've gotten even more brazen on this front.
00:34:34.780So, you know, what we're seeing now, we're just, we just have a taste of it.
00:34:37.680There's this commentator, Glenn Kirshner, who was, you know, 20 plus year veteran of the U.S. Attorney's Office in D.C., criminal prosecutor.
00:34:46.380He's, you know, urging all of his followers to write judicial ethics complaints against and file them against Judge Cannon in the Southern District of Florida because, you know, he thinks that, you know, she's slow walking the Trump case.
00:35:04.040And that, you know, she's just in President Trump's camp when she seems to be really the only truly fair judge that President Trump has has been assigned.
00:35:14.060Not, you know, one of the judges in these, you know, blue hell holes or carefully chosen fora to try to bring President Trump down.
00:35:32.920It is viciousness, banality, ignorance, a lofty standard of behavior on the part of just about everyone in that town.
00:35:44.520I'm not confident the Supreme Court will have either the courage or the vision to do the right thing.
00:35:51.640As a matter of fact, I think they're probably they're they're night courts in small towns that may have more integrity than the Supreme Court itself.