TRUMP ATTORNEY WARNS SPECIAL COUNSEL HE'D BETTER KEEP HIS INVESTIGATION CLEAN!
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Summary
The Marxist-Dims war on President Trump is widening. Not only is President Trump now contending with a local prosecutor s indictment in Georgia, trying to conjure up charges based on the president s phone call urging the secretary of state to find some votes to carry the narrow election for Trump. It's just another nuisance, but nonetheless, it has to be dealt with, as does another special counsel investigation by the deep blue Marxist-Dim prosecutor, Jack Smith, looking to charge President Trump on the classified documents in the Mar-A-Lago case and January 6th.
Transcript
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Hello, everybody. I'm Lou Dobbs. Welcome to The Great America Show.
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The Marxist-Dims war on President Trump is widening. Not only is President Trump now
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contending with a local prosecutor's indictment, he's also facing another political prosecution
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in Georgia, Fulton County, home of Atlanta, trying to conjure up charges based on the
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president's phone call urging the Georgia Secretary of State to find some votes to
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carry the narrow election for Trump. It's just another nuisance, but nonetheless,
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it has to be dealt with, as does another special counsel investigation by the deep blue Marxist-Dim
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prosecutor, Jack Smith, looking to charge President Trump on the classified documents in the Mar-a-Lago
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case and January 6th. Again, pure partisan politics, and again, Smith and his band of partisans are
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activists seeking to destroy Trump, as are they all. Our guest today is the highly respected
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defense attorney, Tim Parlatori. He represents President Trump in the classified documents
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and January 6th allegations of the special counsel. Tim, great to have you back with us here on The
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Great America Show, whether it's Washington or Florida, New York or Georgia. President Trump has
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an unprecedented, full-on Marxist-Dim assault against him. What's your sense of what President
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Trump faces with a number of these cases of outright political persecution?
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Sure. Thanks for having me, Lou. Just to be clear, I represent the president in all things special
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counsel. So, you know, the January 6th and the Mar-a-Lago documents case, and so I do not represent him in
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Georgia or in New York, and so I can't necessarily comment specifically about that. But, you know,
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really what you see right now is a coordinated or a simultaneous, rather, effort by these multiple
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prosecuting agencies to try and bring, you know, something that could potentially remove him from
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the race for the presidency is really how I see it. I have to say that's as a layman. That's the way I see it,
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too. And I think there are too many laymen, by the way, trying to interpret much of this as attorneys might
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or judges might. You know, straight old common sense is what, you know, sometimes what you're looking at is
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what's really there. And to see what the state of New York is doing in various jurisdictions, whether it be the
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Manhattan DA, the attorney general, it just, it's absolutely disgusting and appalling. And I've got
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to ask you, this is a bit of a follow-up question. Sure. And it is, we have watched this president
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politically persecuted by law enforcement agencies, intelligence agencies, the Democrat National
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Committee, a presidential campaign committee, and impeached twice, two special counsels now,
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and never one, one iota of wrongdoing. At what points do the courts take into consideration the fact
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that this is, as Beryl Howell, the former chief judge in D.C., would say,
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prima facie evidence of wrongdoing on the part of the prosecutors, the investigators, and the deep
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state? Well, I mean, I think that it is indicative when you have this many people coming after somebody
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in any possible angle that they can, you know, that's indicative of a deeper problem. And it's not,
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you know, this is not like, you know, when you have gangsters that, you know, every prosecutor wants
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to put away the gangsters because they're actually doing some harm to society. You know, this is,
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you know, coordinated efforts by politically aligned individuals, you know, within the criminal justice
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system that really, in a lot of these cases, more mirrors political goals than legitimate criminal
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goals. I mean, you know, as an attorney, I'm a criminal attorney, okay? I fight things out in
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the courtroom. I'm not a campaign guy. I don't have anything to do with the campaign or anything like
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that. And so, for me, this is very unique to be able to be in a case where I have to fight it out
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while thinking about all of these other potential, you know, political considerations and the motivations
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of the other side and, you know, what, you know, how a different case with a different
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president with different documents in a different state might affect my client and things like that.
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You know, I'm used to very, you know, hey, diddle, diddle, straight up the middle cases where the
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prosecutors and I are, you know, across the line from one another and we're just fighting it out based
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on the facts and the law of our case as opposed to all of these other considerations. And that's,
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you know, that to me is indicative of why this is just such a different scenario.
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To me, at times, Tim, I will tell you straightforwardly, if we go back to the 90s and,
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if you will, the ebbing of the heydays of the Cosa Nostra, the organized crime, particularly in New York,
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you know, it's as if they had control of the courts, they had the prosecutors and all of the
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good guys suddenly had to defend themselves. That's the behavior. We've watched four consecutive
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FBI directors lie through their teeth to Congress. We have watched FBI agents try to frame a president
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of the United States, successfully frame his national security advisor. We have watched the hatching of
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conspiracies that were put into kinetic motion in black and white, real, tangible conspiracies
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and actions to carry out those conspiracies to overthrow a president, and still nothing has
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happened. There is something in, if you will, the atmospherics of Washington, D.C. and political
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America. And I think that thing is lawfare, because right now you don't have rights unless you can
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afford the attorneys necessary to deal with the system. Because of lawfare, you don't have to do
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anything wrong. All you have to do is be charged with wrongdoing. This is a new moment in which judges
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are as corrupt as any one of the attorneys that they are employing in the Department of Justice,
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and they are all on the same side. Am I overstating the case?
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You know, I'm going to take a little bit more of a nuanced point of view. And, you know, don't forget,
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I began my career working for and being mentored by a lot of the defense attorneys who worked in that
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heyday of the Cosa Nostra. I think that, you know, to my mind, a lot of these things were already there.
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The FBI is an organization, you know, built on Hoover. And so it had, it's an organization that
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has certain institutional rot to begin with. Now, certainly there's a lot of, you know, great and
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honest agents out there. But its leadership structure has always had problems. And, you know,
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the fact that it is both a law enforcement agency and also a member of the intelligence community,
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I think it's problematic. The fact that it's, that its jurisdiction completely overlaps with so many
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other agencies is problematic and causes turf wars. And, you know, what you're talking about with the
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two systems of justice, all of that has always been there. The difference is that it's now much more
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overt. It's now being used, um, much more openly in the political, um, arena, whereas before it was
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being used, you know, kind of more against, you know, private citizens and, and a lot of other ways
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kind of outside of DC. And I think that really, um, everything, I agree with what you just said,
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but I think a lot of that is more of, of an awakening of people, um, to the reality that
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people in my profession have seen for a very long time. So, um, yeah, and, and again, I'm not going
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to comment on, you know, any individual judges or things like that, but I think that the, the DOJ,
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the FBI, um, you know, rot is, is something that we've seen for a long time. It's just nobody,
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people are finally starting to, uh, to see it outside of my community.
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And I think importantly, uh, for the first time we are watching a president who was assailed by lawfare
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in various forms, a, and a political party, uh, the Democrat party in cooperation with the deep state,
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the permanent bureaucracy, uh, if you will. Uh, and the result has been spectacular. Uh, the fireworks
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have been immense. The, the injury to the, to the national, uh, I think to the, the national heart
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has been profound. Uh, we are a different people right now because what we have seen our government
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do, which has turned the power of our government, as we have always thought of it, irrespective of some
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of the, the rot, as you put it, uh, being coincidental and not pervasive, I think. But now
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the American people see their federal government for what it is. And that is, uh, an institution
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that has declared the American people to be its enemy. Uh, and, and that is a new, new horizon to
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contend with. Yeah. It's, it's always, it's always been there. And it's just that, you know,
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people haven't cared about it as much because maybe it didn't personally affect them. Maybe it
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didn't affect anybody that they knew or that they supported. I mean, you know, years ago,
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the FBI and in Boston, for example, framed innocent men for murder that they didn't commit intentionally
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frame them, uh, because they were trying to protect, protect their cooperating witness,
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Whitey Vulture. And they justified it based on the idea that the people that they framed who
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were innocent of that murder, well, they're Italian gangsters. So they probably did something else.
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More of those guys died in jail for a murder he didn't commit. This is, this is stuff that's always
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been there. It's just never really been out in the open, um, in, in this way, because as long as
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it's targeting, you know, people that we don't sympathize with, um, you know, okay, go, go ahead.
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So the FBI is committing a whole bunch of crimes to take out gangsters. You know, a lot of people
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don't really care about that, but now that it's, now that it's targeting, um, political figures,
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um, it's hitting a little bit closer to home, I think.
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Yeah. Yeah. Very close to home. I have you ever heard of the FBI having a portal just out of
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curiosity in a law firm before we found out that, uh, Perkins Coy had just such an arrangement with
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the FBI. I I'm just curious about that. I, that that's not something I'm going to comment on
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directly. Okay. Fair enough. Uh, the, uh, now I'm going to start musing over that even harder.
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The, the idea that the FBI right now, uh, is investigating on the, uh, across the board,
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once again, uh, the president of the United States, uh, Jack Smith, is it your sense that we are going
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to be well-served this time by a special counsel? Well, so I, I kind of look at it from a more base
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perspective of, you know, and I'm going to speak specifically to the, to the documents case here.
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Sure. Um, I personally don't believe that the, um, that the alleged classified documents case is
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something that DOJ should be involved with at all. I don't believe that Jack Smith should have been
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appointed because I don't think that the discovery of documents is something that should have been
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referred to DOJ to begin with. Um, I don't think that her should have been appointed to investigate
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Joe Biden, uh, for his classified documents. I don't think that anybody should be appointed to
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investigate Mike Pence for his alleged, um, possession of classified documents, because
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what those three cases demonstrate to me is not criminal intent on behalf of any former elected
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official or current elected official, but rather institutional failure within the White House
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on their document handling procedures, institutional failures within GSA and the National Archives in
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how they handle, um, government of presidents and vice presidents when they leave office and,
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and what they, what they do with packing up those documents. And really, to me,
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these cases all should have been handled, not by bringing DOJ into it at all, but rather by having
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the intelligence community assign investigators to do an administrative investigation as to the
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spillage of these classified documents or allegedly classified documents. Many of them are probably
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been declassified, but why would these documents have even gotten outside of a SCIF to begin with?
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Uh, that classified environment to begin with, uh, how did they get into boxes that would then get
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shipped down to, uh, Mar-a-Lago or Delaware? Um, not whether the former president has committed a crime by
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allowing sealed boxes to be sitting in a storage room in the basement of Mar-a-Lago. That's not a crime.
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You know, really what we have here throughout all of these is a, it's a consistent pattern and think of it
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this way. Back in October, the National Archives released a statement, um, in, in response to
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allegations that there were classified documents from the Obama administration being held up in Chicago.
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And they said for every president from Reagan through Obama, we obtained a facility in the city where
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the future presidential library was to be built. And we stored all of the presidential documents in
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that secure facility. So no potentially classified documents ever were outside of NARA's control.
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In that statement, what they are saying is that since the presidential records act has been signed,
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there are two presidents that they failed to provide that facility for, and the vice presidents,
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they also failed to provide that facility for. And if you look at those, you'll see Jimmy Carter,
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who signed the presidential records act, found classified documents in his house. President
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Trump, they found documents with classification markings in his house. Vice presidents, most recent,
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Mike Pence found documents with classification markings in his house. Joe Biden found documents
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with classification markings in his house. Dick Cheney, we're way too afraid to look in his house.
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See what might be there. That might be an originating destination. But that's the point, is that everybody
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that the National Archives doesn't provide a facility for to hold the documents when they leave the White
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House, they find documents in their house. What this says to me is, this should not be a big neon sign
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to say, hey, let's bring in Jack Smith and Robert Hurd to go criminally investigate the former presidents.
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This should be a sign to the House and Senate Select Committees on Intelligence to, hey, you need to
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legislate a change here because the White House clearly does not handle classified documents the same
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way that the intelligence agencies and the military handles them. So you need to correct the document
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handling procedures in the White House. And you should amend the Presidential Records Act to codify
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and mandate what NARA says that they've done for all of these other former presidents and extend it to
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the vice presidents. Because if you do all those things, there would not have been a single piece
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of paper even brought to Mar-a-Lago. And I would say to you this, President Trump had a much shortened
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transition window than his predecessors. You know, certainly, Bill Clinton up through Obama,
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they all had four years to prepare for their eviction.
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William Moore, Jr.: And, you know, that is certainly a factor. He only, he really only had about a week
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and a half, you know, from January 7th on. But I suspect that if NARA had gone to him during that week
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and a half and said, Mr. President, we need to talk about documents. I don't know what you want to
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do because, you know, Congress never actually mandated what we do exactly. But here's what we
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did for your predecessor. We'd like to just rent the facility down in Palm Beach and move all the
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documents there. William Moore, Jr.: And he'd probably look at them and say, okay, you know, this is being
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rented by the government or do I have to pay for it? No, no, no, sir. The government's paying for it.
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William Moore, Jr.: Hey, what is it? Fine. Go ahead.
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William Moore, Jr.: Yeah, I think I asked them. Not a single document would have ever made it
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William Moore, Jr.: Did you ever put that hypothetical before the president, just out of curiosity?
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William Moore, Jr.: I got, because of privilege issues, I'm not going to discuss any specific
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William Moore, Jr.: I have to say that sounded just exactly like the president would
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reason through it. I have to say, you make a terrific case. I come at it from a
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a little different direction. I don't understand how the National Archivist suddenly has the power
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to bring in the Justice Department and create holy hell for a former president.
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William Moore, Jr.: I mean, this is ridiculous.
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William Moore, Jr.: That's it. Why did they refer it to the Justice Department?
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William Moore, Jr.: Why did they, A, not rent the facility? Why did they not take the actions
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necessary to smooth the transition? Then once they found this stuff, why did they call DOJ as opposed
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to calling ODNI? I mean, it would make much more sense to call ODNI and say, hey, there's some
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documents that were found out of place. Can you go and take a look at this and see if there's any more?
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William Moore, Jr.: I think the only reason that makes any sense is they intended to harass
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William Moore, Jr.: And assail this president, President Donald Trump. This is an act that's been
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coordinated between the attorneys, to me, quite obviously. It's been an organized effort. Suddenly,
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President Biden's attorneys are being notified and they just happened to discover some documents on
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the 2nd of November after raiding the president's Mar-a-Lago residence on the 8th of August. I mean,
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we're in la-la land with these people. This is far too much coincidence.
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William Moore, Jr.: You know, it's interesting when you mentioned juvenile, you know, without denigrating
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any specific individuals, I will say that the team that the Jack Smith inherited, and I say inherited,
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not assembled, because what we're talking about here is the people from the National Security Division
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who originally started this whole investigation. And then once Merrick Garland decided to appoint Jack
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Smith, from my perspective, it didn't change anything. I was still dealing with the same people.
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And in fact, it was quite a long time before they even changed their signature blocks. I mean,
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for a month after Jack Smith was appointed, they were still signing subpoenas as, you know,
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being part of the National Security Division. And so really, you know, to me, Jack Smith is,
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you know, he's an additional layer of decision making in between them and Merrick Garland. And he's
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somewhat of a fig leaf to try to claim that this is an independent investigation. But the reality is,
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the people who began this investigation under Merrick Garland at the request of National Archives
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are still doing it. And quite frankly, from everything I've seen, when I compare their conduct
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of this investigation to how I would normally, you know, rate, you know, the US Attorney's offices from,
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say, the Southern or Eastern District of New York, that are actual criminal investigators and criminal
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prosecutors, it is very different how they handle this case. And I think that that is one of the
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the unseen themes here is that when you have National Security Division attorneys playing
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criminal prosecutor and using tools that they're not, you know, really experienced in using,
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it creates a very different environment than what you would normally have in a criminal investigation.
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Well, that's interesting. And I see precisely what what you mean. There is so much that is
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different about the situation. It's not just atmospherics, it's processes, it's elements.
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I want to turn to the issue of these documents that are sealed, the things you can't talk about,
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obviously, defending the President of the United States. You actually were called to testify before
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the grand jury on this documents case. Can you talk about that?
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Sure. So I'll quarrel with one thing that you said there. I was not actually called. I went.
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They asked for a custodian of records for the Office of the Former President, which is a,
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it's an entity that's created under the Former Presidents Act, you know, to be an office that would,
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that every former President has. They were hoping probably for some Mar-a-Lago staffer to come in and
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that they could beat up on how little they knew about where documents were. And we discussed it and
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we made a decision. I chose to personally go in there instead of sending some junior staffer.
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Because ultimately what they wanted to talk about was our efforts at compliance and I am the one that
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hired the team and oversaw all efforts at compliance with the subpoena post raid. And so I was the
00:24:01.360
person in the best position to, to give that information to the jury. And as a trial attorney,
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yeah, I'm not a former prosecutor. I've been on the defense my entire life. I've never been in a grand
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jury room before. I'm not saying that I wanted to do it for sightseeing purposes, but I talk to juries for
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a living. And the opportunity to go in there and talk to this grand jury and explain to them
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what we had actually done and all of the efforts that the President Trump made to ensure that
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that he was complying and that, you know, really this is not at all a case of, you know, willfully
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retaining documents, but rather willfully returning documents. And in spite of, as opposed to because
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of the, um, the aggressive, um, oppositional tactics of the national security division lawyers.
00:25:00.960
Um, yeah, the opportunity to go behind enemy lines and to actually talk directly to their grand jury.
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I can imagine you would. And I have to wonder why in the world they would, I have to, I have to
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imagine that they were very nervous about having the president's representative, legal representative,
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walk through the door instead of, as you put it, a, uh, a clerical, uh, person, uh, that they might
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have otherwise expected from Mar-a-Lago. Well, and, and one of the things that surprised me
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when I went in there and they did not want me, they, they fought to try and get somebody else
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in there, but they didn't have a choice. They got me. Um, one of the things I was shocked at
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is the willingness with which they were openly misleading the jury and committing misconduct
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right in front of me. Uh, and obviously I'm not a, I'm not a very, you know, passive or meek
00:26:02.800
witness. Every time they did it, I, I pointed it out. Um, but if they're willing to do that
00:26:10.400
in front of me, what are they doing to the other witnesses? What are they doing when I'm not in the
00:26:16.080
room? What are they doing to witnesses that aren't lawyers and they don't know any better? Um, you know,
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we, we had a lot of very tense exchanges in there where they would ask completely improper questions,
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and I would tell them that it's an improper question. And then they would, you know, turn to
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the jury and say, so you're refusing to provide this information to them. Like, no, I'm not refusing
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to provide anything. You're asking a question that calls for privilege. I'm ethically prohibited from
00:26:42.800
answering that question. Even if I wanted to, even if it's something that's helpful, I am, my license
00:26:48.960
prohibits me from answering that question without checking with the client first. And you know,
00:26:53.120
you're an attorney. And there were a couple of times where actually I may have started
00:26:58.960
cross-examining the prosecutor in front of the grand jury. And then, you know, her assistant had
00:27:03.840
to jump in and save her to remind everybody that I was the witness because it was just, it was persistent,
00:27:14.720
It's funny. Can you share an example of, uh, their improper questioning?
00:27:21.120
Oh, sure. I mean, and just to be clear, there are sealing orders that would prohibit me from
00:27:27.600
talking about any of the alleged litigation over privilege issues. But when it comes to
00:27:32.880
what happens within the grand jury, um, things that happen inside the grand jury room are secret,
00:27:39.680
but that secrecy order does not apply to the witness. So I am allowed to talk about this stuff.
00:27:44.560
Um, and they would, they would consistently be asking me about my conversations with the president.
00:27:51.760
And of course, I would continuously tell them that I couldn't do that. And at one point,
00:27:56.000
she actually asked me, well, you know, there are exceptions to privilege, right? Yeah. And in fact,
00:28:01.200
the client can waive the privilege. I said, yes. And she says, and if the president's being so
00:28:06.640
cooperative, why hasn't he allowed you to share his conversations with the grand jury today?
00:28:11.120
Now, had that question been asked in a trial jury trial, the judge would have flown down from the
00:28:21.200
bench and immediately, you know, immediately declared a mistrial. And yet here, nothing.
00:28:30.560
Yeah. Instead, I just looked at her and I said,
00:28:32.160
are you really doing this? And she said, yes. And so I had to turn to the jury to explain to them how
00:28:40.880
completely and totally improper and unconstitutional that question is. There are constitutional rights,
00:28:48.400
which we have to respect. And if somebody is invoking one of those constitutional rights,
00:28:53.040
that is not something that anyone in the criminal justice system can use against them.
00:28:57.600
And the fact that the president has not waived his privilege to allow me to come in and tell about
00:29:04.560
all my conversations with him to even suggest that that is evidence of guilt is complete and total
00:29:10.640
misconduct. And in fact, because we got this one tiny window into what happened there, I wouldn't be
00:29:18.720
surprised if we eventually get to the point of being able to see all of these grand jury transcripts and
00:29:24.720
find out that there's persistent misconduct throughout. So is pervasive that the entire
00:29:31.280
grand jury proceedings are tainted and need to be tossed out.
00:29:36.720
And if you toss out the proceedings, you toss out the charges, do you? Not if they were to be
00:29:41.040
charges. Right. It's a defective grand jury proceeding.
00:29:43.680
So this is, in everything, there seems to be, as you described, obviously the woman prosecutor who was
00:29:55.440
talking before the grand jury. I mean, she's an absolute zealot just by the nature of what she was
00:30:04.320
doing. Only a zealot would go so far as to trample constitutional rights of a president and with his
00:30:12.080
attorney and the chair before. And that's exactly the issue is that ordinarily in grand jury, when
00:30:17.200
somebody objects to a question and invokes a privilege, ordinary prosecutors drop the question
00:30:23.840
to move on. If they want to get that answer and if they believe that there's an exception to the
00:30:28.480
privilege, they'll deal with it later in a motion to compel. They do not fight with the witness and
00:30:36.000
then try to mislead the jury in front of the jury. It's totally improper.
00:30:41.680
And I don't know if this is improper of me to ask, but did you notice the reaction of the jury to
00:30:50.160
to that particular incident, that episode in her questioning of you?
00:30:56.240
William Moore, Jr.: I think that the jury was a little bit surprised. And that may be more that
00:31:04.000
they were surprised at my response than the question. But then obviously, I don't want to
00:31:11.440
talk too much about, you know, this specific jury, but they, you know, I think that they were definitely,
00:31:19.600
you know, a jury is what it is supposed to be. It's a cross section of society.
00:31:23.760
William Moore, Jr.: And, you know, some people are more receptive to certain things than others. Some
00:31:29.840
people have certain beliefs. And I do think that they saw that this was improper. And if they didn't,
00:31:38.560
then, you know, that's probably the conditioning that they've been putting them through with this.
00:31:44.960
William Moore, Jr.: And this, this has been nothing less than a, an attack on executive privilege,
00:31:53.200
the president's privileges. I mean, Beryl Howell, you go through.
00:31:57.520
William Moore, Jr.: Have you ever seen a case with so much litigation over privileges? I mean,
00:32:02.080
if you can't, if you can't make a case without piercing every single privilege
00:32:07.680
out there, we've gone for attorney client, we've gone for executive, we've gone for
00:32:11.360
speech and debate. I'm waiting for them to subpoena his priest and his doctor next so that
00:32:16.960
they could test those privileges too. William Moore, Jr.: Well, don't give them any ideas,
00:32:22.720
because it is. William Moore, Jr.: The priest and the doctor have nothing to say other than he's
00:32:26.640
completely innocent, so. William Moore, Jr.: Right. It's just extraordinary. And the American
00:32:31.760
people, I mean, we are, I certainly will not speak for America, but I have to say a huge number of
00:32:38.000
Americans. Certainly those who supported Donald Trump, who support him today, are stunned that
00:32:46.080
we're watching a president stripped of the powers of his office while he was a sitting president,
00:32:52.480
because he was, I mean, he was undercut at every turn by intelligence agencies, by the FBI,
00:33:00.320
by attorneys, a form of lawfare at the federal level, dealing with the executive. And now as a post
00:33:05.520
president, he is being told he will have to put on sackcloth and ashes for, for conduct that he did
00:33:15.840
not, that he's not guilty of, and hope to hell that they get at least a reasonable grand jury that
00:33:23.680
will protect him from these zealot prosecutors who love to persecute him and have for seven years.
00:33:30.800
Is that an unfair statement? William Moore, Jr.: Well, I mean, I think that it's not only that.
00:33:35.840
Obviously, the appellate courts are there, but one of the interesting things that, again,
00:33:41.840
something I don't normally deal with in these cases is that here you have a companion case, if you will,
00:33:50.640
where the documents in Mar-a-Lago were in boxes that were brought down.
00:33:57.200
William Moore, Jr.: They were only there for two years. And then you have a companion case where
00:34:03.680
the documents were there for more like seven years. And the documents that were moved from
00:34:12.480
one location to another, some put into folders marked personal and then brought inside the house,
00:34:16.720
some left outside by the Corvette, some moved over to the office in DC. And so,
00:34:21.520
William Moore, Jr.: When you look at the criminal statute, which criminalizes willful retention
00:34:29.280
of national security information, I think that you actually have a lot more evidence
00:34:36.800
in a lot of ways of willful retention there. And so, if you're going to try to criminalize this behavior,
00:34:43.680
William Moore, Jr.: You know, there's multiple cases. But at the same time, is it a good idea
00:34:53.520
to criminalize this? Or is it a better idea to just get all of these documents under government
00:35:00.080
control? Make sure that you do an assessment to see whether there's been any damage, see whether any of
00:35:06.160
it's been sold to business partners overseas or things like that. But ultimately, to contain it, can you
00:35:16.720
actually indict a former president while allowing the current president to pass without any accountability
00:35:26.720
whatsoever or vice versa? It's one of the reasons why I sit here and say, I don't think that either one
00:35:34.400
of them should be charged, because if one of them gets charged, then politically, you have to charge
00:35:39.600
them both. William Moore, Jr.: Yeah. I think that you make a terrific case, except I have a question.
00:35:48.560
William Moore, Jr.: Sure. William Moore, Jr.: And that is, President Trump has the power to declassify documents.
00:35:56.400
William Moore, Jr.: He was the only one amongst those that had that power because he's contemporaneous to
00:36:04.160
all of this. Joe Biden goes back 50 years, apparently, 40 to 50 years. He not only had all of the places
00:36:12.720
that you described for the classified documents in his possession, but then it turns out, what was it,
00:36:18.960
nine boxes were in his attorney, Patrick's office, up in Boston. That means a lot of people were looking at a
00:36:26.160
lot of classified documents over that time. They surely weren't all class had appropriate security
00:36:33.920
clearances. This is a mess that seems to me starts with the archivists and with the
00:36:41.440
intelligence agencies themselves, because these documents should never have gone anywhere. They
00:36:48.640
didn't know where they were going. And if they have no system to know whether they've been returned,
00:36:58.240
William Moore, Jr.: There's another aspect to this. I don't know how much more time you have
00:37:04.800
before I open this Pandora's box, but- William Moore, Jr.: Always time for a Pandora's box opening.
00:37:09.680
William Moore, Jr.: You talk about classified material. And, of course, I talk about documents
00:37:16.480
with classification markings, because a lot of these may have been declassified. But ultimately,
00:37:23.200
the statute that we're looking at is silent as to classification. It talks about the willful retention of
00:37:31.760
national defense information, which is defined as something that the individual
00:37:39.680
has reason to believe the disclosure of which would be damaging to national security or helpful to
00:37:46.560
our adversaries. Classification, all that is is evidence of somebody's opinion of whether it
00:37:55.440
constitutes national defense information. William Moore, Jr.: Right. William Moore, Jr.: There is an epidemic
00:38:01.440
of over-classification in this country. And I saw some recent figures where the
00:38:08.240
William Moore, Jr.: Nonprofit was challenging the declassification of certain documents and found
00:38:14.240
that it was up to 70% over-classification. William Moore, Jr.: We don't classify things just because
00:38:23.440
the disclosure of it would be damaging to national security. Oftentimes, we classify things because they
00:38:28.240
would be embarrassing. William Moore, Jr.: And so really, that's a whole separate issue of how many of
00:38:35.040
these documents really should be classified. William Moore, Jr.: How many of these documents really should
00:38:41.360
still be classified? I'll give you an example. William Moore, Jr.: I went through all 15 boxes that were
00:38:47.280
returned to NARA. William Moore, Jr.: And so I saw all of the stuff that was in there. I saw the sheets where they
00:38:55.120
removed the marked documents. William Moore, Jr.: And I'm not going to speak to the documents themselves,
00:39:02.240
but when it comes to certain things, let's talk about schedules. William Moore, Jr.: Presidential schedule
00:39:08.880
is often unclassified, but certainly there are sensitivities to it. Sometimes it is classified.
00:39:14.320
William Moore, Jr.: For example, tomorrow we're going to fly to Afghanistan so you can have
00:39:19.840
Thanksgiving dinner with the troops. William Moore, Jr.: That is a highly classified fact.
00:39:24.960
William Moore, Jr.: Sure. William Moore, Jr.: Because the last thing we want the Taliban to know is that
00:39:28.720
the juiciest target in the world is right about to fly overhead within RPG range. Okay? But the moment he
00:39:39.600
walks into the dining hall and is surrounded by all these troops and by all the TV cameras,
00:39:46.480
William Moore, Jr.: The concept that he's flying to Afghanistan is no longer the state secret.
00:39:53.440
William Moore, Jr.: So is this is the daily schedule that he was given the day before this is tomorrow
00:39:57.920
we're flying to Afghanistan. Should that still be classified?
00:40:01.440
William Moore, Jr.: Well, I've just landed on one possibility and you,
00:40:07.520
as you described, why oftentimes documents are classified, it's because they're embarrassing.
00:40:13.120
William Moore, Jr.: And I think nothing creates greater angst amongst the permanent bureaucracy,
00:40:18.960
the deep state, than the possibility of being embarrassed. And this looks to me like a case
00:40:27.120
where the president was in possession of documents. The only thing that, to me, the only thing that makes
00:40:32.560
any sense is that Merrick Garland, President Biden, Christopher Wray must have created, gotten a
00:40:43.520
hold of a pretty good case of agita over something that they thought was in the president's possession
00:40:49.520
William Moore, Jr.: A document of recovery operation related to a crossfire hurricane, perhaps?
00:41:04.240
William Moore, Jr.: I was hoping for an affirmative.
00:41:07.680
William Moore, Jr.: I have not seen, I have not been given access to the documents the DOJC, so I can't,
00:41:14.240
I can neither confirm nor deny because I lack the information. But, you know, I will tell you that a
00:41:20.000
lot of the stuff that I saw in NARA is very innocuous stuff. You know, it's like, and those boxes,
00:41:27.680
they made so much sense as you're going through them because, you know, it's the daily newspaper.
00:41:35.600
It's his daily schedule. And sometimes you'd see, okay, so, you know, today you have a call with
00:41:43.760
President Macron this afternoon. And then there'd be, you know, a removal sheet there saying, you know,
00:41:50.080
we've removed the classified briefing sheet in advance of your call with President Macron.
00:41:56.320
William Moore, Jr.: And sometimes what those sheets are is, you know, let's set Macron to the side for a
00:42:03.680
second. Let's say that he was going to have a call with, say, President Zelensky. And let's say that
00:42:10.560
some Lieutenant Colonel on the National Security Council wrote up a script of these are the questions
00:42:16.160
that this Lieutenant Colonel would like you to ask President Zelensky. Those questions would be the,
00:42:24.400
you know, theoretically, would be the classified briefing that, of course, once he's asked those
00:42:29.360
questions to President Zelensky, it's no longer classified because, obviously, we just told a
00:42:35.280
foreign individual, you know, everything that was on that sheet. And I use that one for an example
00:42:41.440
because, obviously, that was the subject of the first impeachment trial was that that particular
00:42:47.440
Lieutenant Colonel got all out of it in listening to the call that the President didn't follow his
00:42:55.680
script and didn't ask only the questions that the Lieutenant Colonel wanted the President to ask. So,
00:43:03.120
that's a situation that, and I bring it up more just because it's something that we're familiar with,
00:43:11.280
we saw in the impeachment trial. But that's a lot of what this stuff is. And so it's not like,
00:43:21.600
it's stuff that would have been on his desk at the time, that somebody then put into a box,
00:43:28.320
and then they taped it up and packed it away. It's, you know, there's nothing about that that says,
00:43:36.800
oh, you know, this is a secret that I want to hoard. You know, I want to,
00:43:42.240
I want to keep this because I think it's a great souvenir. It goes back to the same thing. And I bet,
00:43:50.240
I would be willing to bet that the Biden docs and the Pence docs are very similar.
00:43:56.320
And, you know, very innocuous stuff, not, you know, some of it probably should already be
00:44:06.080
declassified. Some of it probably shouldn't have been classified to begin with.
00:44:09.600
Yeah. And to think what this President went through in those final months of his presidency,
00:44:16.720
uh, uh, uh, because he was running for president re-election to the presidency. Uh, and, uh,
00:44:24.720
the national security, uh, apparatus produced a letter, uh, the intelligence community, uh,
00:44:31.920
51 veterans signed a letter saying that the, that was not, that was not the national security
00:44:38.720
apparatus. Those were former people. They were outside government. Yeah. Former Intel.
00:44:44.720
They wrote a letter based explicitly saying that it was based on their collective experience and
00:44:52.000
exposure to classified information over the course of their years of service that their analysis
00:45:01.440
based on their access to classified information and their knowledge of classified Russian
00:45:07.200
strategies was that it was Russian disinformation, something that was false
00:45:11.760
false. And something that was something that for them to have done that without
00:45:19.920
first bringing it to the CIA and to these other agencies to say, Hey, we would like to publish a
00:45:25.440
letter that is based on our former access to classified information. And since we've signed a
00:45:31.040
nondisclosure agreement that says, we are not going to do that without providing you the opportunity
00:45:35.520
to review it first. Here's CIA. Could you please review this letter to make sure we're not
00:45:40.960
revealing something classified? They didn't do it. They violated their oath. They violated their
00:45:46.960
contractual obligations to the United States. Um, you know, we filed complaints with all 50,
00:45:53.280
with all the Intel agencies, um, you know, to have them investigate these people for violation
00:45:59.680
of their nondisclosure agreements. Um, violations of nondisclosure agreements like that is something
00:46:05.440
that that does happen, something that does get prosecuted. Um, you know, certainly gets civilly
00:46:11.360
enforced, um, when it's the right person, you know, they started going after John Bolton with his book for
00:46:18.560
failure to get it properly cleared. And then the new administration liked what he had to say. So they
00:46:23.840
dropped it. Uh, Matt Bissonette, um, full disclosure, a client of mine, he wrote a book about the night
00:46:31.360
that he and his friends flew to Pakistan to kill bin Laden. Um, he, his publisher asked him not to get
00:46:41.360
it reviewed because they wanted to rush it to print before Obama's reelection campaign. They gave him a
00:46:46.640
lawyer who told him you're allowed to do this. And then because it was embarrassing to the Obama
00:46:55.040
White House, because it did not match the narrative that they wanted to put out through their zero dark
00:47:01.120
30 movie and everything else. They went after him, the guy who had put his life on the line countless
00:47:08.400
times for this country, the guy who had suffered injuries in combat, a guy who almost died many times.
00:47:17.280
They destroyed his life. They brought him into court. They ended up taking everything from him,
00:47:24.880
taking all of his, um, all the revenue from the book to the government, all because they didn't
00:47:32.480
like what he had to say. And yet these 51 violated the exact same agreement. They did the exact same thing.
00:47:44.000
And nothing has happened to them yet. I wonder if it's because they were under orders from a,
00:47:50.720
from a former president. Uh, well, if they, if it was something that was done in coordination with a
00:47:56.960
campaign, um, who then shortly thereafter became president, then that would be properly the subject of
00:48:06.960
an investigation by the federal elections commission. But that didn't happen. Actually,
00:48:12.880
it is happening. Well, it didn't happen in time. I'll put it that way.
00:48:16.720
We filed, we filed the complaint. The investigation is ongoing right now.
00:48:26.560
Okay. And what I'm talking about is the fall of 2020.
00:48:29.440
Tim, it's been a great, uh, honor to have you with us. We appreciate it. Enjoyed our conversation.
00:48:34.640
We always give our guests the, the last word. And I do mean the last word. Uh, I will not,
00:48:40.320
no matter how tempted, uh, offer up a rebuttal or qualification of any kind, uh, for your concluding
00:48:47.040
thoughts, please. Yeah. My, my concluding thoughts here really are that if you're going to go after
00:48:54.640
somebody, whether they are a politician or not, you have to do it cleanly. You have to do it in accordance
00:49:01.360
with the law. And whenever prosecutors, uh, DOJ steps outside of that and starts to, uh, violate the
00:49:11.040
law, violate the constitution, um, you know, you've lost the moral high ground. And if you're not going
00:49:19.120
to do it cleanly, then you shouldn't be doing it at all. And you should expect that somebody
00:49:24.480
like me is going to be standing in between you and, and whoever you are trying to, to go after
00:49:31.840
with these unlawful tactics. Um, and that has nothing to do with any political party or any
00:49:37.760
individual that, that applies across the board. So, um, the special counsel's office needs to really
00:49:45.360
knock it off. Well said, Tim Parlatori. Great to have you with us here on the great America show again.
00:49:52.040
Thanks and good luck to you. And to, of course, President Donald Trump. Thanks for being with us,
00:49:57.340
everybody here tomorrow. We take up the astonishing Pentagon leak of top secret Intel documents,
00:50:04.280
documents that could affect the Ukrainians and their defense against the Russians Intel on China
00:50:10.060
and the Middle East that could have a major impact on U S foreign policy and national security.
00:50:15.780
former NSA intelligence analyst, Russ Tice joins us here to assess those documents and what is wrong
00:50:23.120
with this Biden regime and its many disasters. Please join us here tomorrow. Till then,