Biden Corruption in Plain Sight, and Residents Fed Up With Crime, with Andrew Klavan, Alan Dershowitz, and More | Ep. 601
Episode Stats
Length
1 hour and 35 minutes
Words per Minute
187.57555
Summary
On this episode of The Megyn Kelly Show, host Meghan Kelly is joined by Andrew Kavanen and bestselling author and screenwriter Andrew Klavan to discuss the latest in the Trump/Biden saga, including the Jack Smith Indictment, Hunter Biden's testimony before Congress, and Tucker Carlson's interview with him.
Transcript
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Welcome to The Megyn Kelly Show, your home for open, honest, and provocative conversations.
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Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show.
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Donald Trump is getting arraigned again later this afternoon, this time in D.C.
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It's disgusting what they're doing, but I mean, they are analyzing this thing.
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And of course, every conclusion is he's guilty.
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This is the whole narrative that they are pushing on their viewers.
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And they're going to find out they're wrong once this case goes up to the U.S. Supreme Court.
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Meantime, there are other big stories happening this week, like, oh, Hunter Biden's business partner,
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Devin Archer's explosive testimony before Congress, and now interview on cam with Tucker Carlson
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Funny how that works, how that's getting totally ignored, right?
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As they're all in on Trump and what an alleged criminal he is.
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Joining me now, Andrew Klavan, host of The Andrew Klavan Show and a bestselling author and screenwriter.
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Trump right now is winning the nomination process.
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Jack Smith answers to Merrick Garland, who answers to Joe Biden.
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Biden's corruption as vice president, sitting vice president is starting to come out.
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He's being exposed and frankly, the folly of the first Trump impeachment is being exposed
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day by day because you recall that that's what Trump was trying to call attention to the
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Biden corruption in Ukraine and whether there would be a real investigation into that before
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The media has only one story, and that is back to damn January 6th, which we've already
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fully investigated, not once, but twice with a second impeachment and full congressional
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hearings, including primetime exposés that we were subjected to.
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No matter what Jack Smith tries to tell us, he's got a compliant media.
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And all this happens as we have a New York Times poll showing Trump is far and away the
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leader when it comes to getting this nomination on the GOP side.
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He's extremely strong with every group, and yet he's tied with Joe Biden in a general election.
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Both men remain extremely unpopular, Trump for all the various reasons, and Biden because
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So the Democrats, I'm sure, would love to sub out Biden and sub in a new person.
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And they are doing everything in their power, they and their media allies, to focus everyone
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again on January 6th, in particular the riot, which really has nothing to do with the Jack
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Smith indictment, though he tried to shoehorn it in for color.
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I mean, I've spent most of my career as a writer of crime stories and inventing villains
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And corruption has always been really fascinating to me, the way it not just moves through the
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human spirit, but the way it moves through human systems.
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And there comes a point when a system becomes so corrupt that the corruption becomes purposely
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blatant because the corruption itself becomes an instrument of power.
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Ever since Hunter Biden's sweetheart deal collapsed in court, when the judge realized that they
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had shoehorned in an immunity clause in a place where she wasn't supposed to see it and
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couldn't do anything about it once it was in place.
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The question of whether Biden's DOJ is corrupt is no longer a question.
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We now see that they have slow walked Hunter Biden's crimes so that the statute of limitations
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have run out where they position indictments of Donald Trump to come right after any time
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It's followed by an indictment or piling on more charges onto an indictment.
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And the message is essentially, we're doing this not because it's right, not because it's
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That's the message they're sending to the public.
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And when they're surrounded by a news media that has also become ideologically corrupt
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and is willing to cover up Biden's malfeasance and his lifelong corruption and focus only on
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Donald Trump's faults and the indictments as if they were true, where this latest indictment
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is utterly ridiculous, we have the problem that the people, the good people, the straight
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people who are watching this really can't believe their eyes.
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They can't believe they're seeing what they're seeing.
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And the only people who are stating clearly just how corrupt the Biden administration and
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the DOJ has become are the same people who come up with kind of kooky conspiracy theories.
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So the same guys who think that Barack Obama just strangled his chef because he didn't like
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the avocado toast or the people saying, oh, my God, you know, this DOJ is utterly, utterly
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And that's a problem because now ordinary people are saying, well, is this a, you know, is this
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It's not true that I don't think that Obama strangled his chef, but it is true that the
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This is even true of people that I deeply respect and admire, guys like Tucker Carlson,
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who's doing great work and just got an exclusive interview with Devin Archer.
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But Tucker has also come out and said that we now know for sure that the government is
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And so when you do that and then you go and say, oh, yeah, and here's Devin Archer.
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And he is actually established pretty clearly and pretty much beyond argument that Biden and
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his son have been colluding in corruption and in influence peddling.
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I mean, it's part of the information crisis that the Internet has created, that we have such
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a gusher of information coming from so many different sources that it's really hard to
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pin down the truth from this moment, from the moment Hunter Biden's sweetheart deal collapsed,
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the DOJ's corruption and the fact that the DOJ is handling one set of charges one way and
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another set of charges another way is just an established fact.
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And at this point, the only thing we can hope for is that the public basically reacts by throwing
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Donald Trump is very popular with the Republican base, but he is incredibly unpopular with the
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middle of the voters who make basically establish the results of an election.
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And Biden, I'm not even convinced that Biden is going to be the candidate anymore.
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It's a really a real moment of change when our government is now established at the highest
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level to be corrupt and to be acting corruptly and to have thrown out the rule of law for
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political purposes, as if we were in South America rather than North America.
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And the question is, will the voters have someone they can select and are willing to select
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Against all this, we get news that Ron DeSantis and Gavin Newsom are going to do a debate
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hosted by Hannity, a two hour debate that I presume will air on Fox News.
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Because these guys are obviously on deck in case the leaders fall, in case Trump's in jail
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and can't run, in case Biden, God forbid, dies or is just incapacitated.
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Or realizes he can no longer do the job and gets ousted by his party.
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These are the two guys who are realistically on deck.
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It's certainly not Marianne Williamson over on the Dem side.
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And on the Republican side, though, the voters prefer Trump to DeSantis.
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He's got some 65 percent or approval rating amongst Republicans.
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So if Trump, for some reason, isn't going to do it now, you have the two also rands about
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And what I think will be a really fascinating exchange, I think it's a very smart move by
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both of them to sort of remind their respective electorates.
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I'm here and I stand for all the things you love, but I'm young and I'm vibrant and I may
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have political baggage of the kind any politician has.
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But I don't have all the other baggage like I'm corrupt.
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You know, we could go down the list of the number of things he's done or been accused of.
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You know, beyond this, this is the debate I feel we should be having.
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Here are two people in exemplary states, states that are perfect examples of the results of
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The place is riddled with crime, riddled with homelessness.
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Everybody's leaving and they're going to Florida.
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So this is a great moment for the governor of Florida and the governor of California to
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I know people don't want to hear any more about the lockdowns and about COVID and Dr.
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But their history and how they got through that is a history of oppression in California
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I mean, Florida is a place that I can barely stand because of the heat.
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Everybody I know has moved to Florida and they love it.
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So that is if we care about the country, if we care about the future of the country,
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And I just want to add, too, that DeSantis had a really rough launch to his campaign.
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I said, this guy is not doing well on the national stage.
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Now, he hasn't gone down the new street yet, but he's actually turned a corner.
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He looks a lot different than he did starting out.
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And he is beginning to make his case a lot more smoothly and a lot more clearly.
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And he's beginning to realize that he has got to stop talking to the choir and he's got
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to start going on with George Stephanopoulos and the other leftists and show what he is
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when he is confronted with the left, because that's what people really love about him.
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You know, he actually puts things back together when they fall apart.
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And he's smart and he's a veteran and he's all the things you should be to be a politician
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I am so tired of being governed by people in their 70s and 80s.
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As an old guy, I can tell you that if you live your life well, you start to have a sort
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of sense of the big picture and you start to realize life is tragic and you start to have
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a lot of compassion for people that maybe you didn't have before.
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You should basically be a philosopher at that point.
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And if you don't have that attitude, you're probably not a good person.
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When you look at Dianne Feinstein, age 90, she's forgotten how to vote.
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I mean, she's been in the Senate for, what, 50 years?
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There was a report out today, I think, at The New York Times.
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Her daughter, I think it is, has power of attorney for her.
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So you've got a legal decision maker in her life that is not named Dianne Feinstein.
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And yet she's still working actively in the Senate.
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Not to mention what we saw with Mitch McConnell last week and what's happening with the sitting
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president who is not acknowledging any of his cognitive decline and yet running again.
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And the Dems don't seem all that interested in talking to Gavin Newsom right now.
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It is terrifying what's happening with all due respect to the age and among us who are
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holding it together, like our pal Alan Dershowitz, who's just a freak of nature.
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It's not that an old person can't be vital and awake and alert.
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It is simply that if you were reading this in a history textbook 100 years from now, you'd
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You'd be saying, this is what a republic looks like just before it crumbles.
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These desiccated, querulous old men wandering around, barely knowing what they are without
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the moral force to push forward our traditions and our policies without any kind of new vision.
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When is the last time anybody who has been in the leadership has put forward something
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actually new that will preserve our traditions into the coming generation?
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I want to hear young people telling me, you know, when I say young, I'm talking about 40,
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50 people in the prime of life who can see the future a little bit.
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You know, Biden can't even see him two feet in front of him without falling down.
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And at this point, Trump, you know, I voted for him twice.
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But he's really just, you know, doing the Trump routine at this point.
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He is not actually putting forward any policies and showing how they can be enacted in a realistic
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And this is something that DeSantis has right about him.
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He didn't do the things that he said, and he did turn the country over to bureaucrats
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And I think that that is the argument against him.
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You know, one of the things DeSantis is doing is he's got this.
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Forgive me if I don't get this perfectly right, but he's got this incentive program for teachers
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in Florida where he gives them essentially a stipend to go learn more about civics and American
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history and stuff involving the Federalist Papers.
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He's actually trying to change the way teachers see America and our history by offering them
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incentives to study this with, you know, on the taxpayer dime.
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This is amazing because it's not just, you know, saying to the teachers, you can't teach
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It's saying, would you you should go take a look at the beauty of America?
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You should learn a little bit about American history, the real American history, not Nicole
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And then and then you can be exposed to the children.
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This is a clever way of kind of undoing some of the indoctrination that the national education
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that the teachers union, you know, at the federal level is trying to push on these people.
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You know, Megan, I never wanted to be a person who was on camera.
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And the only reason I did it was when I returned after living abroad for 70 years, I returned
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to America, I realized that we had lost the culture and that the people who cared about
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liberty, who cared about religion, who cared about American traditions and history knew
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They had no think tanks about the arts, about culture, about the way people actually communicate.
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That has changed since when I started talking about this, people looked at me like I was
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And when I say the culture, I don't just mean movies and books and plays.
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I also mean Dylan Mulvaney, putting Dylan Mulvaney on a Bud Light can.
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I also mean, you know, what people are being taught in college.
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When I see old-fashioned conservatives like the Wall Street Journal hitting DeSantis on the
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fact that he's fighting a culture war, the culture war was already on.
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And we were sitting here stupidly saying, you've got to win that, you know, that congressional
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district in Ohio and pouring money into some, you know, some small race without any thought
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of how people live, what our children learn, and what people, how people behave and act.
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And so instead we have a right wing that has been shut down, has been demonized, has been
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And so when they hear a clown like Nick Fuentes, who, you know, is a Jew-hating fascist, little
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giggly creep, when they hear him, he sounds like he's speaking something bold and something
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brave because everybody else has been silenced from saying anything.
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When they hear an Andrew Tate, who's a pimp and a woman abuser, say, this is masculinity,
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it's because, and they listen to that, it's because they're so tired of being told that
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manhood is toxic that Tate sounds like he's making some kind of sense when actually he's
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DeSantis has got to just ignore the Wall Street Journal, all the conservatives who are saying,
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oh, please, please don't fight the culture war.
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And that's the war we've been losing for 50 years.
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I don't know if I will live to see the rebirth of American culture, but hopefully I'll see the
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promised land from afar because I actually now everything has changed in the last few
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years and people understand that we are in a culture war and we have been losing it and
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we don't have to lose it because the majority is on our side.
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When people say the culture wars aren't important, I think, do you have children?
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Do you have any idea what's being done to them?
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You know, some of my friends like in the Midwest, they haven't had this lunacy wash over them
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So they actually are like genuinely unaware of how severe the problem's gotten in places
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like California and New York and the bluest of the blue states.
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And for those of us who are living it firsthand, it's it's a five alarm fire.
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Thank God for people like Ron DeSantis who are willing to take it on and expose these people.
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I also believe like Trump's hasn't been as vocal on things like the trans thing, though
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he's going to get asked about it and we'll get it all cleared up about where he stands on it
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And I really feel like people who don't think it's a thing must not have young children, because
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if you have young children, you're deeply worried about this.
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It has highlighted the role that mothers play is so important.
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The only person covering it, I cover it on my show all the time, a movement of women who
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They're basically on the left who have suddenly realized that feminism promised them liberation,
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but in fact has eliminated them as women, as females, and are suddenly saying, you know
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what, I'm not a conservative, but I'm not a conservative, but I like having children.
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And these are intellectual women who are writing about this and declaring a new kind of
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feminism, a feminism that does not exclude or attack femininity, which feminism has done
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And I think this is the most important thing happening in the country, because the way the
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You know, the left has managed to make it sound like we all hate each other.
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But in fact, men loving women is kind of the central joy of life.
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And so they've problematized it, but it's actually the core of our society.
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And femininity enhances homemaking, it enhances child rearing, family building, and religion.
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And all of those things are breaks against authoritarian state power.
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And so the authoritarian state hates femininity.
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There's a reason that Merrick Garland is investigating parents as if they're terrorists.
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And the idea that women should not be in traditional female positions has nothing to do with whether
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It has nothing to do with all the other things that they can do with their life.
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But the idea that they should not be moms, they should not be in traditional female positions
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is an authoritarian attack on the bulwark of freedom.
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And I just think that that is turning around, too.
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A lot of what's happening in our politics is very dark.
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But beneath that, I'm really starting to see a kind of cultural spring coming up through
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the intellectual frost that has been blocking it for all this time.
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It's actually an optimistic moment if you can see through the darkness.
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I've got there's so many examples that I wanted to raise with you of the lunacy on the left
00:20:06.440
But before we get to that, before we move off of the hard news piece, I do want to talk
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I can't say it any better than Jonathan Turley.
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You know, he's a law professor at George Washington University.
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He sent out a tweet thread, so I'm just going to read it rather than paraphrase it so people
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And this is a summary of what he's read in the Devin Archer transcript, you know, because
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he gave testimony behind closed doors on Monday to Congress.
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And here's and Jonathan and they just released it today, the transcription.
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So Archer said the Ukrainians wanted Hunter Biden to help relieve pressure from the prosecutors
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You remember that they in particular Burisma was under investigation and they knew that
00:20:55.300
it was going to start to get ugly for them and they wanted relief from that investigation.
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Biden later insisted on the firing of the prosecutor just to put some meat on those bones.
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Specifically what Devin Archer said, this is my own research here.
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That was that the Ukrainians wanted Hunter to help relieve the pressure from Shokin.
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And that they asked Hunter to make a phone call.
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Burisma, this Ukrainian board, this Ukrainian oligarch with said pressure.
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That was in December 2015 at a Burisma board meeting that happened in Dubai.
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And they turned to Hunter and said, please call D.C.
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Three months later, three to four months later, March 2016, that prosecutor was fired.
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Yes, it had the support of the international community, but it was Joe Biden who made it
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And you could say, oh, OK, he had absolutely no personal motive on it.
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He hadn't you know, he had no idea that Hunter and Burisma wanted this guy fired.
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But according to Devin Archer, he did have an idea.
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And according to that FBI form 1023, he was specifically told that the stakes of this
00:22:14.660
This guy's show can now Devin Archer said he did not know about any five million dollar
00:22:18.840
bribe, either to Hunter or to Joe, as alleged in that FBI form.
00:22:22.000
But he did say, speaking back up on the Turley, Turley texts, quote, there was a discussion
00:22:26.680
of one hundred and forty two thousand purchase of a luxury car for Hunter as part of his
00:22:35.760
Devin Archer said the Biden brand was Joe Biden and that that's what was being sold.
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It was clear that they were not looking for Hunter and meaning his expertise.
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Burisma owner Zlochevsky reportedly said Hunter was stupid and his dog was smarter.
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Here, Devin Archer appears with Tucker and talks about the many, many calls, at least
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20, that Joe Biden had while Hunter was in the midst of these business meetings.
00:23:06.320
I think I can I can definitively say at particular dinners or meetings, he knew there were business
00:23:12.120
associates and he you know, we or if I was there, I was a business associate to to be,
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I don't know if it was an orchestrated call in or not.
00:23:22.640
It certainly was powerful, though, because, you know, if you're sitting with a foreign
00:23:25.820
business person and you hear the vice president's voice, that's prizing up.
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I mean, that's that's that's pretty impactful stuff.
00:23:36.420
And unlike what Dan Goldman says, which is it was just niceties.
00:23:39.740
It's just about the weather and there's nothing to see there.
00:23:43.240
Dan Goldman is now my favorite politician because he's just hilarious.
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He's so corrupt that he actually is a walking joke.
00:23:51.400
Not only did Joe Biden brag about getting the prosecutor fired because he said he was
00:23:56.140
corrupt, but he got him fired by threatening to withhold American aid.
00:23:59.520
So he was using your and my money that's supposed to be put into, you know, building
00:24:03.960
countries, helping countries, whatever we want to do with it, whatever serves our interests.
00:24:09.200
So if you look at the timeline, the timeline is absolutely incredible.
00:24:13.240
Barack Obama, who, who, by the way, I really dislike him as a political figure, but I always
00:24:24.560
He's actually honest in that way because he's actually trying to accomplish a political
00:24:28.760
He puts Joe Biden, his vice president, in charge of corruption in Ukraine and dealing with the
00:24:36.280
And Hunter Biden then starts to get these jobs with Burisma and starts to work with Ukrainians.
00:24:42.720
So Joe Biden says to us, I never talked business with my son.
00:24:49.300
Why didn't you say, son, I'm in charge of dealing with corruption in Ukraine?
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There is a kind of a weird iron grip of extortion and blackmail between father and son here, where
00:25:03.660
there's no way Joe Biden can abandon his son because his son has the goods on him and they
00:25:10.300
And let's also not forget that the minute that form was released showing or at least accusing,
00:25:16.720
alleging that there was a bribe, a 10 million dollar bribe offered to these clowns.
00:25:20.360
It was the next day that the federal indictments against Trump started coming down.
00:25:24.680
So every time a malfeasance by the Bidens is exposed, it's followed in a single day by
00:25:35.480
If you just look at the timeline, the timing, the way things happen, the corruption is so
00:25:40.520
blatant and so arrogant that I can only think, and this is what I do believe, that they are
00:25:47.680
using this corruption to tell the American people, watch yourself, because we will do
00:25:53.740
We do not have to, you know, we don't do this for the rule of law.
00:25:58.220
We're doing this to let you know we can do this.
00:26:00.200
It is an instrument, corruption itself is an instrument of power.
00:26:04.120
And if, of course, we had an honest press, this would be surely the biggest scandal since
00:26:10.700
I mean, the cover up of this guy, this desiccated old man who has been corrupt since the beginning.
00:26:15.680
I mean, he's never been an honest guy that the corruption level of influence peddling
00:26:23.980
And the more that comes out, the more he indicts Donald Trump.
00:26:29.220
I know he said he Joe Biden is so corrupt that Donald Trump is going to have to spend
00:26:39.380
That's what's really alarming for the Republicans right now, who I get it.
00:26:43.800
But Trump is going to have to spend the vast majority of his time and his money over the
00:26:47.120
next 18 months fighting these incredible criminal threats to his freedom.
00:26:51.800
And, you know, and I understand that people want him to fight and they they don't mind if
00:26:57.860
But every dollar spent on the Trump criminal trials is another dollar that's not spent,
00:27:02.180
you know, getting the get out the vote effort going for Republicans and making sure people
00:27:07.100
are registered and making sure the right advertisements are being made and submitted against Joe Biden
00:27:14.240
Like it's it is going to be a cascade that distracts not just Trump, but all of his supporters
00:27:20.380
and the Republicans who will not be focused as much on the election, but on all of this.
00:27:24.860
And, you know, it may actually work on Trump to get him out of the race in the following
00:27:30.280
If you've ever had a sick friend, you know, when people are sick, they become fascinated
00:27:33.540
by their own symptoms and they can't talk about anything else.
00:27:36.220
And that happens to people when they have legal problems, too.
00:27:38.760
And I'm hearing from people who go to some of Trump's rallies that he goes off on these
00:27:43.060
riffs about his legal problems and the audience starts to lose interest because they're not
00:27:51.260
We go to politicians for what they can do for us.
00:27:53.860
And Trump is becoming like the old comedian Lenny Bruce, who stopped doing comedy routines
00:27:58.560
and just started reading transcripts from his trials.
00:28:01.420
And that is happening to Trump already because Trump is a narcissist and he is mostly interested
00:28:07.400
And I think that kind of all are, though, in his defense.
00:28:11.400
But he's kind of so he's an extravagant guy in every way, in good ways and bad ways.
00:28:17.620
The thing about it is that you're absolutely right about this.
00:28:19.980
Trump loses popularity when he pays attention to himself.
00:28:23.240
That's what happened during COVID when he would talk about the press being unfair to
00:28:26.660
him when people's grandmothers were dying alone in isolation.
00:28:33.800
If Trump had a little bit more elegance, maybe a little bit more commitment to the country,
00:28:39.900
And I don't I just don't think that's going to happen.
00:28:45.880
He needs to win and he needs to pull this DOJ off of those two federal investigations
00:28:49.920
and he'll just have to fight it out, you know, bare knuckled in New York and Georgia where
00:28:57.200
So, I mean, if I were Trump, I wouldn't step aside right now.
00:29:00.180
I mean, my own personal hide is on the line because of my political past and I would make
00:29:04.740
sure that I protected it with my political future.
00:29:07.800
I mean, look, he could also have all this happen if a DeSantis win happens.
00:29:12.600
But if a Biden reelection happens, he is effed.
00:29:22.920
And, you know, I think DeSantis, I think DeSantis could beat Joe Biden in his sleep.
00:29:28.300
I think that Joe Biden doesn't have a chance against any really competent and youthful and
00:29:38.600
It's that he's the only person who really has a big chance of losing.
00:29:43.200
And that's, you know, I'm not saying he can't win.
00:29:45.900
But like, you know, my own feeling about this, and I have no personal animus toward Donald
00:29:57.560
He opened up the path to a real American future.
00:30:01.240
Nobody else had the force of personality and the force of will.
00:30:03.520
He's just not enough of a political operative to take us down the path that he opened up.
00:30:09.980
And, you know, again, I hate to throw a guy under the bus, but after all, the president
00:30:18.260
And so as much as I feel for Donald Trump and as offended as I am by how he's being treated
00:30:22.620
and how he's always been treated from the very beginning of his political career, I really
00:30:26.760
do think it's time for new blood and a new path, a new vision to take us down the path
00:30:34.880
And I wish he saw it that way, but obviously he never will.
00:30:37.700
Well, it's also, you know, his connection with the working class and his willingness to stand
00:30:42.620
up for them and to understand their problems is another reason he's so beloved, you know,
00:30:47.780
at a time when nobody else was doing that, especially the Republican Party, when he's
00:30:50.840
completely bent the Republican Party to his will on that.
00:30:57.260
That's one of the reasons why they love him and his numbers are so high, but they're high
00:31:03.240
They're high with, you know, college educated and non-college educated men and women.
00:31:07.860
He's made amazing inroads with Hispanics now who are just about equally divided.
00:31:15.640
Even getting some of the black vote now and black support for Joe Biden is flat.
00:31:20.340
That was one of the things that we saw in The New York Times poll.
00:31:24.060
It doesn't matter what James Clyde Bourne says that they see that he's not exciting and they
00:31:28.180
see what's happening in their wallets and they're not feeling it.
00:31:30.800
All of this stuff is swirling in the atmosphere right now.
00:31:43.020
Wait, stand by, Andrew, because we're going to squeeze in a quick break and we'll come
00:31:46.920
And there's a few things we need to get to on the crime front that you mentioned and
00:31:53.520
So, Andrew, Trump just sending out a message on his social media.
00:32:00.660
I need one more indictment to ensure my election.
00:32:14.740
And, you know, they're sick of like, you know, boring, stiff, half their presidents like
00:32:23.960
I am now going to Washington, D.C., where he's going to be arraigned, you know, in hours
00:32:27.740
to be arrested for having challenged a corrupt, rigged and stolen election.
00:32:32.660
It is a great honor because I am being arrested for you.
00:32:37.380
You know, what's interesting about this is there was just a poll released by CNN today
00:32:41.340
that shows 69 percent, 69 percent of Republicans and Republican leaners say Joe Biden's win
00:32:49.500
I mean, the vast majority of Republicans do not believe that Joe Biden is a legitimate
00:32:59.360
And so it's they're not going to get upset about January 6th.
00:33:04.740
They're they understand why Trump protested and was mad and did the things he did.
00:33:10.280
I know that that's not the way the Democrats feel.
00:33:12.740
I know it's not the way the left leaning independents feel, but the polls also reflect there's almost
00:33:18.700
zero upset on the GOP side about any of the things Trump has been accused of in connection
00:33:24.880
with any of these three indictments and that none of the Republicans, maybe like two of
00:33:33.220
They're just not bothered by anything involving Trump.
00:33:36.160
And that explains his just steadfast support in the polls.
00:33:44.020
But when asked, who do you have more confidence in when it when it comes to dealing with the
00:33:51.700
major issues facing the country, President Biden or House Republicans, Republicans in
00:34:04.400
I thought I'd be more evenly divided straight along party lines, but no, they've got to have
00:34:10.560
Shockingly, Kevin McCarthy is doing an excellent job and Comer is doing a good job and Jordan
00:34:15.040
is doing a good job and they're actually making their case and they're doing it cautiously.
00:34:23.480
And, you know, the other poll, by the way, showed that 65 percent of Americans, not just Republicans,
00:34:28.360
believe that January 6th was instigated by federal agents.
00:34:32.380
So I'm not sure I'm not sure how powerful the February the January 6th narrative is.
00:34:38.620
I have for a long time felt, look, I don't feel people should go charging into the Capitol.
00:34:47.180
You know, it's been like this thing that has been blown up.
00:34:49.140
You know, the Reichstag fire was a real thing when socialists burned the Reichstag in Germany.
00:34:53.660
But Hitler turned it into this cause celeb and used it to destroy people's freedom.
00:34:59.520
I'm just saying they're acting in exactly the same way.
00:35:01.660
They have basically said this is the worst thing that's ever happened since the Civil War.
00:35:06.380
It was, you know, a dumb, it was a stupid thing to do.
00:35:09.120
But if, in fact, it was instigated by federal agents, which does seem to me fairly likely,
00:35:14.400
and if, in fact, you know, the election doesn't have to have been stolen to be rigged.
00:35:20.980
You know, just shutting down the Hunter Biden laptop story was rigging the election.
00:35:26.180
Changing the rules against the state's constitutions was rigging the election.
00:35:31.280
It's a shame that Trump didn't have the lawyers to fight that while it was happening.
00:35:35.640
But still, still, he's not to blame for the malfeasance of the left.
00:35:42.960
And so the idea that the election was stolen by, you know, Venusians messing with the voting machines,
00:35:52.680
But the idea that it was rigged from the start and that the way Trump was treated by the media
00:35:56.800
was part of that rigging, all of it, the Russian collusion, the indictment over the impeachment
00:36:02.420
over Ukraine, which we now see Trump was completely on the right.
00:36:05.940
And this latest indictment, he's basically being indicted for saying stuff.
00:36:16.120
If you indicted politicians for saying things that weren't true, they'd all be in prison,
00:36:22.300
There's a there's a line in the indictment in which Jack Smith is is accusing Trump of
00:36:26.460
committing a crime because he, quote, gave false hope to the protesters who are demonstrating
00:36:36.300
Sorry to break it to you, but that's not a crime.
00:36:39.580
All right, let's move on, because there are a couple other things.
00:36:41.500
You mentioned Bud Light earlier, and I am with you on that whole thing, and I'm enjoying
00:36:47.720
Now we've heard we we knew anecdotally that the sales were down.
00:36:51.100
You know, we'd been hearing about distributors struggling and, you know, bar owners saying
00:37:00.320
Just the month ending July 15th, the Bud Light sales were down 26.5 percent.
00:37:06.640
Turns out from April to June, the second quarter, they lost almost four hundred million dollars
00:37:13.460
in sales, three hundred and ninety million dollars.
00:37:17.740
And Anheuser-Busch correctly said it was because of Bud Light, that they blamed the volume decline
00:37:22.680
in Bud Light, you know, people saying it's it's done and it's not coming back, that these
00:37:27.460
bartenders and people who deal in the liquor industry saying it's over.
00:37:32.180
And yet, look at this, Joe Rogan on the wrong side on this one, popping open a Bud Light,
00:37:45.920
And we're drinking Bud Light, ladies and gentlemen.
00:37:59.600
Now everybody's decided that Bud Light is the enemy.
00:38:06.840
This is, as I said before, this is one of the cracks in the ice I'm seeing in the culture.
00:38:11.620
The fact that the right has, you know the right, the conservatives, they're like wrangling
00:38:18.120
They never get together on anything and they never take action because they are natural
00:38:30.100
They've spotted this transgender movement as an attack on femininity, an attack on femaleness,
00:38:35.380
It's an attempt to destroy the very existence of women.
00:38:39.180
The very fact that women are a thing and men and women are different.
00:38:46.800
They spotted it and they spotted it on their beer.
00:38:55.080
When you kick back and have a beer, it used to be a Bud Light.
00:39:01.260
These little signs, and they are little signs, but they're important of a shift in perception
00:39:07.020
This movie, The Sound of Freedom, which just made over $100 million and was not distributed
00:39:16.340
That's a major sign that shows that people are willing to turn up for good entertainment
00:39:22.920
And the fact that it maneuvered the left, the Guardian and Rolling Stone and all these
00:39:27.800
left-wing papers are defending child molesting and child sex slavery.
00:39:36.080
Listen, the other side of this, I started out, when we started out talking, I started
00:39:39.300
out talking about when corruption becomes blatant because it becomes an instrument of power.
00:39:43.460
The opposite side of that is we still live in a country where people have political power
00:39:48.020
and they can strike, and economic power, and they can strike back.
00:39:51.640
And so when these arrogant corruptoes come out, basically saying to the people, just
00:39:56.840
keep your mouth shut because we can do this stuff whether it's constitutional or not, the
00:40:00.440
people have a tendency to strike back and say, oh yeah, hit the road, Jack.
00:40:04.100
And that has happened a number of times in this country.
00:40:06.540
The country is not gone yet, and it can happen again.
00:40:09.220
And I think, I'm really hoping it will happen again.
00:40:11.320
And if I seem like I've been hard on Donald Trump, it's because I love this country.
00:40:15.960
I want it to go forward, and I'm worried about him.
00:40:17.980
I'm worried about him as a political instrument.
00:40:19.740
But perhaps he's fooled us before, he can fool us again, and I hope he does.
00:40:23.780
You know, I just think that this is the moment to strike back because the people are awake.
00:40:30.140
It's also people who are kind of, you know, in the middle or middle-left.
00:40:42.280
But it's got to be nailed down politically as well as culturally.
00:40:46.860
It's, you know, if Bud Light actually were sorry about it's one person sending one beer
00:40:52.900
can to Dylan Mulvaney, we would have heard that.
00:40:59.460
The CEO of Anheuser-Busch, the CEO, he's not sorry at all.
00:41:02.800
He's only sorry that it turned into a controversy for him.
00:41:05.520
He doesn't get it, and it's too late to save his brand.
00:41:08.060
And most of us wouldn't be caught dead having a Bud Light now for very good reason.
00:41:11.860
It endorses a whole set of values that we do not support.
00:41:15.520
Notwithstanding what Neil deGrasse Tyson was saying on Twitter this week, I've got to play
00:41:25.300
Apparently, the XXXY chromosomes are insufficient because when we wake up in the morning, we
00:41:37.000
exaggerate whatever feature we want to portray the gender of our choice.
00:41:45.660
Either the one you're assigned, the one you choose to be, whatever it is.
00:41:51.380
Suppose no matter my chromosomes, today I feel 80% female, 20% male.
00:42:02.280
I'll remove the makeup, and I'll wear a muscle shirt.
00:42:22.300
It is exactly the cry of people who have been caught.
00:42:26.300
They have been fighting this culture war alone, and they've been invading and invading and
00:42:34.980
Ah, it's just a guy who wants to dress up as a woman.
00:42:37.360
Now we're awake, and now it's why do you care so much?
00:42:40.760
I'm not the guy knocking people off YouTube for saying men can't become women.
00:42:44.900
I'm not the guy who cancels people and fires people and won't treat one patient who couldn't
00:42:49.960
be treated for cancer because they will not admit that men can become women because they
00:42:56.240
They're the ones who want to push this down our throats, and when we fight back, it's
00:43:00.220
Listen, Richard Dawkins, a man I strongly disagree with on the subject of God, but is no doubt
00:43:05.360
a good scientist, he said really interesting things on my friend's Triggernometry podcast.
00:43:11.900
He said, yeah, he said, you know, one of the problems with the human mind is it's too often
00:43:21.200
It thinks there's only right and wrong instead of all these gray areas.
00:43:23.660
But Dawkins went on to say the one area where the binary function is complete is in genetics,
00:43:37.540
There are obviously exceptions about them, but they wouldn't even be saying, these people
00:43:40.980
wouldn't even be saying my gender is different if there weren't identifiable female traits.
00:43:45.860
When you say a trait is female, the only reason you're saying that is because it shows up a
00:43:53.120
So it makes no sense to then say, oh, well, if I feel this thing that often shows up in
00:44:00.220
I just finished this interesting book called From Transgenderism to Transhumanism by a transgender
00:44:06.260
And it's really, it's a stupid book, but it's a really interesting book because the thesis
00:44:09.980
of the book is that each person is so completely unique that you can't identify them at all.
00:44:16.900
And therefore, we actually don't even have any kind of identity except our own identity.
00:44:21.360
If that were true, you know, we couldn't make generalities.
00:44:26.380
This idea of, this is the idea of liberty turned into an idol.
00:44:29.700
You know, this is how, this is how democracies fall.
00:44:33.940
They take the freedom and the freedom itself becomes an idol instead of the moral atmosphere
00:44:42.880
And you can only hope the common sense of the American people, which does vanish from
00:44:46.220
time to time, it does disappear in fads and crazes and things like that.
00:44:49.760
You can only hope the moral sense of the American people will return as it has so often in the
00:44:56.620
And I think it's a very, very hopeful change in the midst of the darkness of our government's
00:45:02.720
I mean, maybe it's a weird thing to say, but I was heartened by that video out of Stockton,
00:45:05.800
California, we believe is out of Stockton, where the 7-Eleven guys are getting robbed
00:45:09.840
and they wind up beating the hell out of the guy.
00:45:13.340
I mean, if this had happened like a month after George Floyd, the 7-Eleven workers would have
00:45:30.420
This guy's pulling all his cigarettes off the shelf.
00:46:00.640
But when it was done, he was like, hey, can I get a soda?
00:46:03.060
And the 7-Eleven workers are like, are you insane?
00:46:06.300
And the guys who were beating were Muslims, weren't they?
00:46:14.460
But I think it is interesting that religious people are the people who are sort of looking
00:46:18.600
at one another and saying, maybe it's all of us together against them.
00:46:21.540
Because I think that is what we're dealing with.
00:46:25.220
At least he'll loot a can of whoop-ass on that thief.
00:46:29.400
And, you know, we all know that that's the way you treat people.
00:46:33.800
I mean, we have watched in California, while people have looted, actual looting, which
00:46:39.300
you usually get shot for, while people just stand by and look.
00:46:43.060
And they come in and they sweep stuff off the counters and they walk out and no one's
00:46:50.400
Everybody in California, all my friends in California tell me this.
00:46:52.700
You call the police and they say, we're not coming.
00:46:59.980
Well, the promising thing, too, is that even even the NAACP just wrote a letter in Oakland
00:47:16.820
They're here today to tell us all about that letter they wrote.
00:47:27.120
Don't forget, folks, you can watch The Megyn Kelly Show live on Sirius XM Triumph Channel
00:47:33.520
Listen, every weekday at noonies, you can watch the full video show and clips by subscribing
00:47:41.680
And if you prefer an audio podcast, you can follow and download wherever you get your podcasts
00:47:51.300
Former President Donald Trump is expected in federal court in Washington, D.C.
00:47:57.600
to be specific for his arraignment following his third criminal indictment this year.
00:48:02.380
For those of you keeping track, the first one was in New York state court.
00:48:06.580
The second one involved the Mar-a-Lago documents and was brought down in Florida federal court.
00:48:12.840
And this is the third related to January 6th, brought in a federal court in Washington, D.C.
00:48:20.620
That would be a state court proceeding as well.
00:48:22.960
Here with reaction is Alan Dershowitz, Professor Emeritus at Harvard Law School and the author
00:48:28.640
of the book Get Trump, which I think they're using as a guide to where they should bring
00:48:38.160
But they should have read it all the way through to the end, Alan, because it's not going to
00:48:43.540
So what's your reaction to this latest indictment?
00:48:46.680
Well, I think there's a principle that every American should subscribe to when an attorney
00:48:52.940
general of the United States who was appointed by the incumbent president and serves at his
00:48:57.560
pleasure approves an indictment against the man running against his boss, against the president
00:49:03.500
and is the leading candidate tied in the polls, 44 to 44.
00:49:07.660
When that happens, the case ought to be ironclad.
00:49:12.660
It ought to be so clear that people on both sides of the aisle, independents, will all, all
00:49:19.700
approve it, as they did the Nixon impeachment if he hadn't resigned and prosecution if Ford
00:49:27.760
This case doesn't come close to meeting that standard.
00:49:33.340
It's based on facts that apparently don't exist.
00:49:37.720
They're going to have to prove that Trump told somebody that he actually knew he lost
00:49:43.300
the election and believed that it was a fair election.
00:49:48.440
And so it just doesn't meet the standard that ought to be set when you try to prevent the
00:49:55.160
man who's running against the incumbent president from mounting a legitimate campaign.
00:50:03.440
But this was a step, a step in the wrong direction.
00:50:08.460
So how does that manifest in the case as a legal matter?
00:50:12.060
So, you know, if you were if you were representing Trump in this, what's the first thing you would
00:50:16.720
First thing is I moved for a change of venue out of the single district in the United
00:50:26.320
Number two, I moved for the recusal of the judge who worked for a law firm that has had
00:50:32.120
a history of corruption and conflicts of interest.
00:50:35.680
And she herself was in the law firm when it represented Hunter Biden in Burisma.
00:50:42.780
Then I moved for a dismissal of aspects of the indictment that clearly impinge on both the
00:50:50.660
This is a very defensible case, but it has to be defended in front of a jury of Trump's
00:50:56.760
peers, not a jury in which 90 something percent of the jury veneer probably voted against him
00:51:05.800
So it's going to be up till in the trial court if it stays in the District of Columbia.
00:51:09.860
But then there's an appellate court and then there's ultimately the Supreme Court.
00:51:14.500
The biggest case that's going to help him, interestingly enough, is New York Times versus
00:51:20.260
New York Times versus Sullivan, I was a law clerk when that case was decided, basically
00:51:25.020
says the First Amendment protects lies, mistakes, errors.
00:51:34.940
The New York Times printed an ad which was mistaken.
00:51:44.280
And yet the courts have said, no, you have to prove actual malice.
00:51:48.940
And if you have to do that in a civil case, in a criminal case where it's proof beyond a
00:51:54.960
reasonable doubt, the prosecution is going to have to prove that Trump had this Hamlet moment
00:52:02.980
I am now stepping over the line and becoming a fraud.
00:52:06.620
But I'm now saying that I believe the election was stolen when I know full well that it was
00:52:18.040
I want to play you a Bill Barr soundbite on free speech in one second.
00:52:21.340
But the odds of Trump taking the stand in any of these cases are very slim.
00:52:27.240
In this case, the prosecutor, Jack Smith, will put on evidence in the indictment.
00:52:32.040
He lists all the people who told Trump you lost.
00:52:34.660
We haven't been able to find any meaningful evidence of voter fraud.
00:52:38.960
And Trump's defense seems to be a there's it's multifold.
00:52:47.600
I believe all these other people who said, actually, we're seeing real evidence of fraud
00:52:50.860
and we don't trust the system and everybody's out to get you.
00:52:55.840
But Trump's probably not going to take this stand.
00:53:00.820
If I were the defense, I would stipulate to the fact that he was told by many people
00:53:06.840
that he had lost the election, including his own son-in-law.
00:53:10.940
But then I would put on witness after witness after witness, starting with Jared Kushner,
00:53:15.820
but going to many, many people who interviewed him and who will testify that he said over
00:53:23.600
and over and over again, that despite the overwhelming evidence that he was wrong and he was wrong,
00:53:36.780
And I've spoken to a lot of people who have interviewed him and who know him well.
00:53:43.380
I did defend him, obviously, against the first impeachment.
00:53:46.280
But I'm not somebody who has given him legal advice beyond that.
00:53:50.260
But people who have and people who have interviewed him all say he really believes this.
00:53:55.920
Now, you know, some people call it the naivete or self-serving defense.
00:54:03.700
He persuaded himself that he actually won the election.
00:54:08.880
As a question of law, the real issue in the case is going to be the instruction the judge
00:54:14.460
And we'll get to the judge in a minute because she is the worst possible judge to be sitting
00:54:18.280
on this case when you need to have not only the reality of justice, but the appearance
00:54:23.480
But if I'm the defense, I ask for an instruction that says, Lady and gentlemen of the jury,
00:54:27.120
you must conclude beyond a reasonable doubt that Donald Trump himself actually believed
00:54:31.780
that he had lost the election and he was intentionally defrauding the public.
00:54:38.320
We need an instruction that says he should have believed.
00:54:42.500
And that's going to be the key on appeal as well.
00:54:46.220
When a case gets to the Court of Appeals and the Supreme Court, which instruction is
00:54:51.500
And the Supreme Court has been moving more and more toward requiring individual specific
00:54:57.080
knowledge of the wrongness, not the reasonable person test in the context of a criminal case.
00:55:04.240
The Supreme Court siding on with the First Amendment and a wide, wide berth for people to say
00:55:07.880
wrong things or things that they know are not true.
00:55:10.080
So it's not a nice thing to do, but it may change your opinion of the person, but it doesn't
00:55:15.060
It's a reason yesterday with Andy McCarthy, where I was saying if you were to bring a defamation
00:55:20.260
case against somebody saying they said something false about you, you'd have to prove that they
00:55:24.860
knew it was false or that they recklessly disregarded the truth.
00:55:29.400
And we were debating, like, do we think the reckless disregard of the truth standard could
00:55:35.760
And I think both of us edged on probably not not in a criminal case.
00:55:46.640
It wouldn't surprise me if the court did say the same standard applies.
00:55:50.480
Remember that this standard is now being challenged, including by me.
00:55:53.940
You may remember that I'm suing CNN because they doctored a tape.
00:55:58.800
They had me say exactly the opposite of what I said.
00:56:03.760
The judge found that they knew that I hadn't said that.
00:56:07.060
I had said nothing of the sort, but the judge said, well, malice, you have to prove that
00:56:14.020
And he found that I hadn't proved it by clear and convincing evidence.
00:56:18.960
And we are also challenging the notion that the plaintiff, the man defamed or the woman
00:56:25.220
defamed, has to prove by clear and convincing evidence that the people knew it.
00:56:30.400
The judge in my case found that they were stupid.
00:56:34.160
They should have known they were irresponsible, but he couldn't get over that line of they
00:56:41.340
And that's the line that they're going to have to get over even more so in a criminal
00:56:49.560
And this is criminal where his freedom's on the line.
00:56:54.380
Of course, this is Trump's former attorney general on the subject of free speech, which
00:56:58.040
has been what a lot of smart lawyers have said after reading this Jack Smith indictment.
00:57:01.860
He's he's trying to criminalize speech, Trump's speech about the election and challenging whether
00:57:11.520
I've said before, I'm a little concerned about the slippery slope of criminalizing legitimate
00:57:18.680
I'm also worried about bringing this case and the divisiveness that it will bring by highlighting
00:57:27.220
the double standard, because at the same time this case is being brought, you know,
00:57:31.260
the department appears to have dropped the ball on the Hunter Biden investigation.
00:57:35.440
But as a legal matter, I don't see a problem with the indictment.
00:57:40.120
As the indictment says, you know, they're not attacking his First Amendment right.
00:57:48.100
He can even tell people that that the the election was was stolen when he when he knew
00:57:56.460
But that does not protect you from entering into a conspiracy.
00:58:01.540
All conspiracies involve speech and all fraud involves speech.
00:58:07.380
So, you know, free speech doesn't give you the right to engage in a fraudulent conspiracy.
00:58:23.060
But an element of fraud in the context of a criminal case is the specific knowledge that
00:58:30.700
Look, to show you how broad and how the slippery slope, as Barr pointed out, can operate.
00:58:39.980
This may sound like a stretch and I'm not suggesting it could happen, but it's just illustrative.
00:58:44.500
Under the indictment itself, Jack Smith could be himself indicted.
00:58:52.320
He purported to describe the speech that President Trump made on January 6th.
00:58:56.500
And he left out the key words when President Trump said, I want you to demonstrate peacefully and
00:59:04.720
You know, a lie by omission under the law can be as serious as a lie by commission.
00:59:11.140
So that's one point he could have been indicted under.
00:59:16.120
Trump was indicted under this Ku Klux Klan statute, which obviously is inapplicable.
00:59:20.920
If two or more persons conspired to threaten the free exercise or enjoyment of any right
00:59:26.980
or privilege supported or secured by the Constitution, what if the Supreme Court ultimately holds that
00:59:33.240
Donald Trump had a complete First Amendment right to do everything and say everything he did?
00:59:37.500
Does that mean that Jack Smith is guilty because he threatened that right by having this indictment?
00:59:46.360
But we don't want these kinds of open-ended, slippery-slope indictments that today are used
00:59:54.080
They will be used by a Republican attorney general against Democrats, just the way some Republicans
00:59:59.400
today are trying improperly and unconstitutionally to impeach Joe Biden for acts that took place
01:00:08.000
Both sides are willing to weaponize the justice system and the Constitution to their partisan
01:00:15.380
That's why it's so important that not only justice be done, but appear to be done.
01:00:22.600
And this case must be moved out of the District of Columbia.
01:00:25.840
If he's convicted by this judge in the District of Columbia, the American people won't accept it.
01:00:33.180
But independents, people like me, people, I don't know, like you, people who lean one
01:00:39.160
way or the other but generally are independent and thoughtful, we won't accept the legitimacy
01:00:44.520
of a verdict rendered by a D.C. jury and this judge against a man who is so hated, both by
01:00:52.340
the district, by the jurors and arguably by the judge herself.
01:00:58.400
Well, Julie Kelly, who's been following the January 6th cases very closely, said yesterday that many
01:01:03.860
defendants have moved for a change of venue based on those very circumstances.
01:01:07.900
Obviously, they're very pro-Trump, the people who stormed the Capitol that day and saying,
01:01:12.140
I can't get a fair trial in front of a D.C. jury.
01:01:18.360
That's a good argument for why it should be granted, because the judges are also very one
01:01:25.620
And it hasn't yet gotten to the Supreme Court and it will get to the Supreme Court.
01:01:31.640
And I think we'll see a different approach there.
01:01:35.120
Changes of venue are hard to get and recusals are hard to get.
01:01:38.660
But this is the case that demands it because he needs both.
01:01:43.760
He needs to get rid of this judge and he needs to get it out of D.C.
01:01:46.460
He's saying he wants it to go to be held in West Virginia.
01:01:53.580
I recently had breakfast with the new governor of Virginia.
01:02:00.280
But but but Alan, if he goes to West if he goes to Virginia, he's in federal court.
01:02:05.540
And that's a quick, quick trial, which is the last thing he wants.
01:02:10.600
If he goes to southern Virginia, he might get a different situation.
01:02:17.600
And the rocket docket creates the other problem.
01:02:21.480
One of the reasons you don't indict a man running for president unless the case is overwhelming
01:02:28.540
It may not be intended to be election interference.
01:02:30.540
But when a guy is facing three, perhaps four indictments and has to be in court, remember,
01:02:37.220
It's not like civil cases where you can waive that right.
01:02:40.720
He's going to be sitting in court twiddling his thumbs while his opponent is out there campaigning.
01:02:46.460
The first case is scheduled for May right after the primaries and before the convention.
01:02:50.360
This case would probably follow after that, and it could be in the summer during the height
01:03:00.340
This case, these cases should be tried after the election.
01:03:03.740
And if he loses, which he probably will, even though he's tied 44 to 44, it's unlikely you
01:03:15.640
Look, nobody is going to win the next election, but somebody is going to lose it.
01:03:18.860
Uh, there's not a lot of enthusiasm for either candidate and there has to be a winner and
01:03:23.200
a loser, but, uh, there should be no trials until this election takes place.
01:03:28.440
The ultimate jury in America for political sins is the voter, not the jury and not the
01:03:36.240
Jack Smith's not going to agree to any of that because this does smell political for him.
01:03:41.160
He wanted to get in front of the Georgia prosecutor, we believe, and make sure that he was in line
01:03:47.600
And why did he send Trump the notice on a Sunday that he could come testify in front
01:03:52.740
Like he's clearly got the pedal down because he does want a trial before the election, which
01:04:00.960
He answers, of course, to Merrick Garland, who answers to Joe Biden and so on.
01:04:05.000
So like we, we all, we can see that it's, and I don't think this judge who clearly does
01:04:09.600
not like Trump is going to give him a change of venue to West Virginia, nor is she likely
01:04:15.360
So all of this winds up ultimately in the hands of the Supreme Court.
01:04:18.660
But when, like how you, this is how you became such a huge star.
01:04:24.120
So how soon can he get any of this in front of SCOTUS?
01:04:28.100
Well, what I would do is make a motion today, literally in front of the judge, even the
01:04:34.480
magistrate who is having the arraignment saying, no, you can't sit on this arraignment and
01:04:42.700
And we have to take this case out of the district and try to get this case appealed as soon as
01:04:49.840
Interlocutory appeals are frowned upon and they are rarely granted.
01:04:53.320
But here you have a case where the election of a president of the United States may turn
01:04:59.600
And I think it's possible that appellate courts might say, yeah, we're going to take this
01:05:05.860
So you could do that immediately as soon as you get an oral denial of your change of venue
01:05:11.820
But what you can try is the motion to dismiss the whole indictment because he hasn't failed
01:05:19.060
That can't be challenged until after a conviction.
01:05:22.260
But there are some cases that say that dispositive motions regarding venue and recusal, under some
01:05:32.160
circumstances at least, maybe can be appealed in an interlocutory way.
01:05:42.660
You know, the only time anything like this has occurred was when in 19, in the 1920 election,
01:05:51.740
Debs ran for president on the Socialist Party, got a couple of million votes from prison.
01:06:01.120
But why did you say I read that you said you do not think that Trump is likely to actually
01:06:06.900
go to jail on any of these four cases that we're discussing?
01:06:10.640
I mean, I don't think I think these prosecutions are nonsense myself, but I can see a D.C.
01:06:18.900
I mean, I assume you're talking about on appeal.
01:06:26.980
But if he were convicted on those Mar-a-Lago cases like that case and this case, at least
01:06:30.860
on the books, has 20 year sentences, 20 year sentences on each of the charges.
01:06:34.960
This case technically has a death sentence if somebody is injured in the course of interfering
01:06:41.560
with their right or somebody is killed and somebody was death resulting from the events
01:06:55.260
You know, it's not the kind of case that people should and usually are in prison for.
01:07:00.100
And I don't think that would happen in Georgia as well.
01:07:03.780
The case where he could get prison time is if he's tried for this indictment, the January
01:07:09.600
6th indictment in front of a jury in D.C. and in front of this judge.
01:07:14.540
You know, I'm defending one of the January 6th, a young law student who was waved in by the
01:07:23.700
And let me tell you the loud applause that you heard from the defense team when we found
01:07:28.880
out we were not in front of this judge, because this judge, who seems very sympathetic to
01:07:35.220
Black Lives Matter protesters, seemed utterly unsympathetic to anybody who was involved in
01:07:45.420
So she has a reputation and reputation precedes her.
01:07:49.600
And her history with the Boyce-Shilla firm does not serve her well in the public mind.
01:07:54.340
I got the Boyce-Shilla firm qualified in the case.
01:07:57.600
And in another case, which we cited, the Federal District Court in New York said Boyce-Shiller
01:08:03.220
had a conflict that any first year student should have recognized.
01:08:06.440
And they have been accused of conflicts and corruption more than any other modern law firm
01:08:11.540
in history, at least according to my research and in my opinion.
01:08:15.500
So I can't imagine a worse judge in terms of the appearance of justice.
01:08:21.460
We want, if there's a conviction here, we want all Americans to say, wow, our system of
01:08:28.100
He was convicted by a fair jury in front of a fair judge of a real crime.
01:08:36.480
A very large percentage of Americans will not accept a conviction rendered by a D.C. jury
01:08:44.120
and supervised by this judge brought by a D.A., a lawyer appointed by Merrick Garland.
01:08:58.720
We open the show today talking about Devin Archer and the transcript of his testimony has
01:09:03.780
He's made very clear that he had a board meeting with Burisma.
01:09:08.000
Hunter Biden was there, too, in December of 2015, at which the head of Burisma said to
01:09:14.700
him, we need help from D.C. in getting these investigators off our backs.
01:09:19.660
And then we know that there that Joe Biden got the prosecutor fired three to four months
01:09:33.160
The 1023 were a confidential informant alleged that the Bidens were each paid a five million
01:09:38.160
dollar bribe, something Devin Archer could not confirm for doing exactly that, for getting
01:09:43.840
This this this is what Trump was asking about on that, quote, perfect phone call to the
01:09:51.000
Ukrainians, to Zelensky that turned into the first impeachment because the Democrats said
01:09:56.880
you threatened to withhold aid unless they did this investigation.
01:10:00.900
Now it turns on turns out he was really onto something.
01:10:04.280
You can dispute whether it's going to come home in the end, but you can't dispute that
01:10:11.720
So as the guy who was out there and who lost all his friends in Martha's Vineyard and all
01:10:16.080
that for defending Trump on the first impeachment, what's your take on the extraordinary Devin
01:10:23.000
Well, first of all, I'm having a wonderful time on Martha's Vineyard.
01:10:26.300
I have new friends, people who don't judge me for who I defend.
01:10:30.500
And I'm having a great time and my wife's still being picked on a little bit too much
01:10:36.840
But the Devin Archer thing is is very important.
01:10:39.320
But remember, just because a person's a whistleblower doesn't mean they're telling the truth about
01:10:44.380
The presumption of innocent applies as much to Hunter Biden as it does to President Trump.
01:10:50.180
We have to challenge everything that was said, subjected to truth telling mechanisms, cross
01:10:55.480
examination, which hasn't occurred, looking into the backgrounds, seeing if there's contrary
01:11:02.040
But if it turns out to be true, it's still not an impeachable offense because it happened
01:11:08.660
But it's a serious matter that should be looked into.
01:11:16.040
You got to do it like you got to do the bad stuff while you're the sitting president.
01:11:20.400
I mean, the Democrats had their shot at him on Monday, too.
01:11:22.340
Um, yeah, but he but what if he was a sitting vice president when he did this stuff?
01:11:34.260
Look, I was the only one who predicted that the judge would not accept this plea bargain
01:11:38.600
because we didn't know what the plea bargain entailed.
01:11:41.220
Now, I think the judge will accept the amended plea bargain.
01:11:45.200
And that's too bad because I do think this should be revisited.
01:11:52.940
attorney from Delaware had authority to go beyond Delaware to investigate Burisma, to
01:11:57.740
investigate Los Angeles, to investigate the District of Columbia.
01:12:01.180
We have some evidence that suggests he said he hadn't gotten that authority.
01:12:08.540
If I'm the judge, I call the two of them in front of me and say, look, let's resolve this.
01:12:12.600
Let's not only know what you had authority to do and investigate, but what did you investigate?
01:12:21.640
No, it's been very annoying because even in the statements that David Weiss, the U.S.
01:12:26.880
attorney for Delaware, has posted, he leaves those major questions unanswered like, well,
01:12:36.360
attorneys to bring these charges or didn't you?
01:12:38.440
He just wants to thread the needle on whether he had the authority without telling us whether
01:12:44.320
The one amendment that I would make to what you said is you correctly pointed out that
01:12:57.300
Senators, congressmen, they don't know how to cross-examine.
01:13:01.980
Mostly they take their time just talking to themselves and talking about themselves.
01:13:05.660
I'm talking about real cross-examination of the kind that I could do what you could do
01:13:13.360
The adversary process doesn't exist in Congress.
01:13:20.400
He's already been convicted of trying to defraud some Native American tribes.
01:13:24.380
And now he's got an ax to grind against the Bidens.
01:13:27.840
However, his allegations certainly do dovetail against other independent evidence from people
01:13:37.760
Alan Dershowitz, I'm so glad you're back from vacation.
01:13:43.420
Yeah, we had like 200,000 people watching the Dershow last night.
01:13:54.360
If you didn't get to go to Harvard Law School, you get to go.
01:13:56.980
If you listen to the Dershow only with the best.
01:14:08.860
Coming up, a story you are not going to want to miss about the NAACP speaking out about
01:14:13.760
crime, about the absence of police, about defund the police and about soft on crime prosecutors
01:14:22.280
We first told you last week about a stunning letter from the local Oakland chapter of the
01:14:33.400
In it, they chastised the city's leadership for their failure to combat crime.
01:14:37.960
They write, in part, it is not racist or unkind to want to be safe from crime.
01:14:46.680
Since January, violent crime is up 15 percent there over the same period last year.
01:15:00.140
Some blame the new soft on crime DA, who denies she's part of the problem.
01:15:05.800
Today, we're super happy to have one of the authors of the letter with us.
01:15:09.380
Bishop Bob Jackson is co-founder and senior pastor, Acts Full Gospel Church.
01:15:14.580
And also with us is Seneca Scott, founder of Neighbors Together Oakland and a member of
01:15:24.060
It was, I got to tell you, it was extraordinary for me to see this because I'm just going to
01:15:28.820
When I see the NAACP, I just assume they're far left and they're pro-defund the police
01:15:43.400
But first, I'll let Bishop talk about a little bit what inspired him to write the letter.
01:15:47.440
But Megan, thank you so much for having us on this morning.
01:15:52.880
So, Bishop, you are one of the most well-respected people in all of Oakland.
01:16:00.040
And this is an extraordinary thing for you to come out.
01:16:02.340
And I'll just tell the viewers, in part, it calls for a state of emergency in Oakland.
01:16:06.960
It blames failed leadership, including the movement to defund the police, the DA's unwillingness
01:16:12.280
to charge and prosecute people who murder, the proliferation of anti-police rhetoric, saying
01:16:18.280
that all of that has created a heyday for Oakland criminals.
01:16:21.920
So why did you feel the need to write this letter?
01:16:25.200
Well, because it's very obvious that there was no real focus from the leaders of the city
01:16:33.180
And I'm here because I have a large membership at the Expo Gospel Church in Oakland, and our
01:16:44.980
The merchants that I know, their businesses are being robbed, and people are breaking into
01:16:51.200
the cars while the people are trying to go and shop.
01:16:53.520
And the whole thing has presented such an environment of danger and lawlessness that actually the
01:17:01.160
So because, to me, the citizens didn't have a voice, and if they did, no one was really
01:17:06.940
listening to them about public safety being a priority.
01:17:10.480
So coming together with Cynthia Adams, the president of the Oakland chapter of the NAACP, we wrote
01:17:17.000
the letter to bring more awareness to the fact that, hey, hey, we're citizens here.
01:17:24.000
We demand to have safety and feel protected in our city that we love so well.
01:17:32.860
And we don't seem to be getting that type of treatment.
01:17:42.760
Do you feel like the defund the police movement has hurt the safety and well-being of Oakland
01:17:49.360
Well, when it comes down to defunding the police, you take $18 million from the police
01:17:54.020
department, and then the citizens are calling 911 and put on hold for 35 and 45 minutes when
01:18:00.300
they have a crisis going on in the city, can't get a response, can't get through the police,
01:18:04.820
can't get the protection that they need from the citizens.
01:18:07.380
And they blame it on the fact that they don't have enough money in their budget to pay for
01:18:12.660
911 people and personnel to take those complaints and whatnot and feel them out to the officers.
01:18:19.800
And then the other part is we don't have enough police officers to police the city.
01:18:23.700
I think we have around 700 police officers when we really need a minimum of 1,200 officers
01:18:31.780
So the feeling of being unprotected, the feeling of being unsafe.
01:18:37.080
And one of the things that I was saying was that you force the citizens to pick up guns
01:18:42.340
and begin to protect themselves, which is going to be a real terrible thing to have.
01:18:49.160
And in the last week alone, we've seen an elderly woman return fire to a home invader.
01:18:54.180
And we're seeing an increasing number of people who are self-help and victims of crime.
01:19:00.340
I wanted to point out one thing about defund, because I think this is the part of the nuance
01:19:05.100
that is missing the national conversation, Megan, and that's this.
01:19:08.820
The NAACP's convention was in Boston, as you know.
01:19:16.440
First-generation Asian-American mayor, fully progressive city council.
01:19:31.240
As Bishop just said, we have slightly over 700 officers.
01:19:38.260
So Boston, if you scale it, we would be over our 1,200.
01:19:42.080
And we could talk about defunding or putting, allocating law enforcement services to places
01:19:47.540
that actually do impact neighborhoods and get ahead of the violent crime.
01:19:51.560
But when you don't have a baseline of public safety, and you have elected officials who
01:19:55.860
are playing politics with public safety, saying things like, crime is down.
01:20:00.000
If you look at Oakland's political discourse, we have elected officials quoting several times,
01:20:04.680
as we should have two weeks ago, that crime's down.
01:20:07.500
Then we get the latest reports that crime is up, and everyone's befuddled.
01:20:14.280
So I think it's time that they start listening to the neighbors, especially the elders, who
01:20:18.520
are expressing high amounts of distress of their personal safety, and do something urgently
01:20:26.240
Well, I know, Seneca, you tweeted out this video of gunshots, and you were saying to the mayor,
01:20:33.640
who I guess she's out of town right now, but you tweeted out,
01:20:38.420
The Oakland mayor may want to get back from Asia soon, while she still has a city to return to.
01:20:45.500
Let's show it just so that people can see what you're dealing with.
01:21:18.720
Seneca, that has the look of something you'd see in the old Wild West.
01:21:24.120
Well, that's exactly what we think we're in, the Wild Wild West, especially in the city
01:21:29.720
And so at 75, we can name a lot of incidents recently that's just happened.
01:21:36.780
We're talking about what's happening right now.
01:21:43.160
She was smart enough to grab her .357 Magnum and start shooting at them as they were trying
01:21:49.080
And then they began to open fire on her home, shooting 20 to 30 bullets into this woman's
01:21:55.640
I guess they thought she was going to be easy pickings, but she fooled them.
01:21:59.160
But what I'm concerned about, and they passed out a big notice to the thieves in that area,
01:22:04.400
that if you come here, we have our guns to take care of you.
01:22:07.500
Now, what kind of a city is that when everybody's got a gun?
01:22:11.040
If it's not Dodge City and Wyatt Earp's day, I don't know what it is.
01:22:15.000
So we're calling together for the police to come together, the law enforcement agencies
01:22:20.260
to come together to devise a plan to work on the crime, the lawlessness that's going
01:22:32.340
And because when COVID hit, San Quentin had an outbreak of COVID and the prisoners were
01:22:39.040
Somebody up top passed a law to let all the prisoners out so they don't die on our dime.
01:22:44.140
We paid for those lawsuits that their families are having because we didn't protect those
01:22:50.380
But I don't think they came back after COVID's main thrust was over and down.
01:22:55.440
I don't think they came back to reestablish the law for those criminals.
01:23:00.820
And that's why they're able to go in the stores and just grab stuff because they don't want
01:23:10.080
But it's still the same the way it was when it was in COVID, when we were in the COVID
01:23:16.040
So I think that's that's probably the beginning, the genesis of what we're looking at right
01:23:22.140
Of course, COVID coincided in May of 2020 with the death of George Floyd.
01:23:26.780
And post that, we saw in city after city, very soft on crime DAs get elected, including
01:23:36.740
She's been subjected now to the threat of a recall, similar to what we saw in San Francisco.
01:23:41.900
She is totally, from what I've seen, unapologetic for her soft on crime policy.
01:23:49.220
If you're a 17 year old and you murder somebody, she's really not that interested in you.
01:23:53.460
From what I see here, she is giving an interview to the local CBS in July where she's being
01:23:59.060
asked about this, you know, this growing sentiment against her.
01:24:05.560
Family members of victims are saying that the decisions you have made are unfair to them,
01:24:10.240
that sentences that criminals have been given are excessively lenient, and that perpetrators
01:24:19.380
I feel definitely, my heart goes out to the people who have lost loved ones in this community.
01:24:27.300
So we, at the district attorney's office, are very, very committed to making sure that
01:24:35.080
Some people are not able to actually appreciate the work that we do.
01:24:41.460
There are people who say that we are here because they don't feel safe.
01:24:45.500
I was elected because the people in this community didn't feel safe, unfortunately.
01:24:52.180
We know that crime under my predecessor was, you know, pretty much exploding.
01:25:05.220
I live in East Oakland even, and I know a lot of people think, oh, that's terrible.
01:25:12.240
People don't appreciate the work that she does.
01:25:24.360
It was a judge going to his office, downtown Oakland.
01:25:27.500
And on his way into his office, he was mugged, robbed, made to lie on the ground while they
01:25:37.380
And now the other day, there was a man coming back to his car.
01:25:41.000
They were in the process of robbing his car, breaking into his car.
01:25:45.980
This is on 10th and Broadway, Main Street of Oakland, in the day, broad daylight.
01:25:51.400
He pulls out his gun and starts shooting at these guys.
01:25:53.600
They jump in their car and start returning fire to him.
01:25:56.340
So more than 10 bullets were shot on Broadway, the Main Street of Oakland, in broad daylight.
01:26:06.500
Those bullets didn't have anybody's name on them.
01:26:14.080
But I'm just telling you that the things that are happening are not being really reported
01:26:20.220
And the kind of crime and the lawlessness that we're seeing every day.
01:26:38.560
We pay more taxes in Oakland than any other city in Alameda County.
01:26:43.500
But to citizens of Oakland, we're getting less service.
01:26:46.620
And police and law agencies are all around, but they don't seem to work together on public
01:26:57.220
We need them to synergize and come together and work together with a plan on public safety.
01:27:06.600
She doesn't seem interested in changing any of her policies, Seneca.
01:27:10.140
And in response to your letter, she came out and said her office, we're disappointed.
01:27:14.060
We're disappointed that a great African-American pastor and a great African-American organization
01:27:18.260
would take a false narrative on such an important matter.
01:27:22.480
We would expect more from Bishop Bob Jackson and the Oakland chapter of the NAACP.
01:27:28.220
I don't know how much more you can expect from me.
01:27:30.980
We do the funerals of just about every violent crime, the shootings and stuff.
01:27:37.960
And many of those people that are being killed, those young people that are being shot are
01:27:44.080
And I'm telling you, at those funerals, you see the mothers, you see the sisters and brothers,
01:27:48.840
you see the family begin to weep and cry over their loved one lying in that casket.
01:27:53.920
I'm telling you, the crime is out of hand and it's impacting the entire city now.
01:27:59.160
Well, no one is saying, I just got a phone call from one of the bishops in Oakland who
01:28:10.780
And two guys jumped out of a car with pistols and robbed him $125 and then took his watch.
01:28:17.540
And it's just the grace of God that they didn't take his life.
01:28:27.020
So I don't know what Pam Price is saying, that she lives in DP, Stokeland.
01:28:32.860
Well, Bishop, you know she travels with six bodyguards.
01:28:37.880
So maybe she does feel safe because our taxpayer dollars are paying for her extravagant security.
01:28:51.740
And I think this is the part that is important for us to realize.
01:28:57.000
When people vote for luxury politics that affect neighborhoods they don't live in, the
01:29:01.960
inconsequence are people who play politics for public safety.
01:29:05.640
Now, it only so happens that in a matter of very few months, that election had very severe
01:29:12.260
So now many people are having second thought, which is why I believe you have a talk of a
01:29:17.960
But that notwithstanding, I think that what we want from Pamela Price from the NAACP is
01:29:26.900
It's hard to do that when elders are telling you and pleading with you that they don't feel
01:29:31.800
And you're going on TV saying, I feel perfectly safe when the entire city is aware that you
01:29:39.740
We would like for her to recenter herself, remember her promises to her people, that
01:29:45.760
she would listen to us and make us safer, and re-engage with us in a way that is meaningful
01:29:53.880
Can you expand on the luxury politics piece of what you just said?
01:29:58.780
Well, luxury politics to me mean, because this is our policy.
01:30:03.040
What separates Oakland from Alameda, Emeryvale, Berkeley, and our surrounding cities is an
01:30:14.820
The 911 times response time gets better the moment you leave the city.
01:30:21.140
Our surrounding cities have similar racial demographics and wealth disability demographics.
01:30:25.060
So what's making Oakland a descent into lawlessness, where it's like we're living in GTA with the
01:30:33.780
When you look at our elections, the people who vote the most are white people who are affluent,
01:30:40.080
Oakland is separated between the hills and the flats by a major freeway.
01:30:44.200
And so people who live above that freeway vote with greater frequency, and they vote on things
01:30:55.260
And instead of pointing a finger and blaming those neighbors, it's time to have a real peace,
01:31:01.860
a healing and conversation in Oakland that's been needed for generations about what can we
01:31:06.380
do to make sure that everyone feels safe and that nothing is radical or revolutionary unless
01:31:12.980
If Oakland wants to really be a revolutionary city with radical accessibility, it must make
01:31:18.420
sure that all people in working-class neighborhoods have the same levels of safety as people in
01:31:24.680
And I wanted to just comment on that, Seneca, if I could, Megan, just for a minute.
01:31:29.320
And that is that the fact that the 75-year-old woman that had the home invasion was only
01:31:34.400
two doors from city council member Treva Reed, just two doors away from where she lived in
01:31:41.640
That was at the top of the hill on the 106th Avenue.
01:31:45.740
Yeah, so she was able to go over and comfort the lady.
01:31:55.040
And where was the response time for 20 to 30 shots being fired at her home?
01:32:03.280
My point is saying it is, it could have been the council member's house.
01:32:07.320
And Pamela Price, it could have been her house.
01:32:09.460
My point is saying it is, these criminals, they're not particular about who they're robbing,
01:32:21.520
They're targeting elderly and they're targeting women.
01:32:25.800
We saw an extraordinary videotape of a woman getting carjacked in connection with, I think
01:32:30.960
it was a CBS local piece that showed those citizens outside and lined up like trying to
01:32:35.700
get on the Aerosmith ride at Disney just to go berate the DA about her policies.
01:32:42.400
And the local, I think CBS was doing a report on it, and they highlighted this carjacking,
01:32:50.760
I'll play it for the audience because you can see what these citizens are going through,
01:32:56.500
You can hear her reaction as she starts to get hijacked, and then she drives away.
01:33:02.680
I guess she has some sort of a camera in her car, but here it is.
01:33:34.640
That's also in the hills, where affluent people live.
01:33:40.020
That's the general feeling of the population there right now.
01:33:43.560
And so what we're saying is, hey, hey, it's time to come out of the tunnel vision.
01:33:47.420
It's time to quit pleasing those people that put money in your campaigns or whatever else.
01:33:54.360
And public safety need to be priority one to make sure our citizens are safe.
01:34:02.780
Your last name is Scott, and that may be familiar to a lot of folks, thanks to your
01:34:07.180
relation to Coretta Scott King, who is married to MLK.
01:34:10.540
And I got to ask you this because I had the same reaction you did.
01:34:15.240
But I got to ask you about that Martin Luther King statue that they put up as an homage
01:34:23.840
And I just, I mean, I thought what you think, I read that you called it a masturbatory homage
01:34:35.220
You know, I was really disappointed that they cut their heads off.
01:34:39.180
If you look a thousand years in the future, no one's going to know who that was meant to honor.
01:34:43.440
I will say that the Embrace Boston, Embrace Ideas Foundation had me out for June 10th, eight
01:34:50.060
weeks ago, and I got to see the place and the installation myself.
01:34:55.300
And if you look at it from other angles, it wasn't half that.
01:34:58.520
But overall, I'm still disappointed, as is the family, that Coretta's regal face was not
01:35:05.300
And the symbol of Black love at its purest and most devotional, I think there was a missed
01:35:11.140
However, the organization that funded it is doing tremendous work in the city of Boston,
01:35:15.660
and I'm very happy to have connected with them.
01:35:18.880
Well, it's too bad that they undermined their message with such a graphic display.
01:35:29.320
Wishing all the best to you and hope you get real change.
01:35:33.820
Maybe this DA could get recalled and you could see some real change there in Oakland.
01:35:45.740
And thanks to all of you for following us this week.