The Megyn Kelly Show - May 28, 2024


Biden Politicizes Trump Trial, and Hillary Tries Blaming Women For 2016 Loss, with Stu Burguiere and Dave Marcus | Ep. 803


Episode Stats

Length

1 hour and 36 minutes

Words per Minute

186.23172

Word Count

17,951

Sentence Count

1,362

Misogynist Sentences

20

Hate Speech Sentences

18


Summary

On today's show, Megyn talks about Sean Ryan's new podcast, the closing arguments in the Trump trial, Robert De Niro's new role in the Biden campaign, and the latest in the Hush Money and Scandal cases.


Transcript

00:00:00.620 Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
00:00:12.060 Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show. I hope you and your family
00:00:15.880 had a good Memorial Day weekend and gave some thought to what it was all about and the sacrifices
00:00:22.640 of our troops and their families who pay the ultimate price so that you and I can have the
00:00:28.240 lives we do. If you haven't yet, please go check out our interview with Sean Ryan, which we posted
00:00:34.140 yesterday. And thanks to all of you for the feedback so far. I'm so glad that you liked it
00:00:39.200 as much as I did. I continue to think about Sean a lot and got a lot of feedback from his fans saying
00:00:45.420 they've never heard him quite like this. What an extraordinary man. Extraordinary man. And
00:00:50.460 just someone you're going to want to know. I'm like personally glad that he has a podcast.
00:00:57.520 podcast so I can keep talking to him. Do you know what I mean? Like I can keep tabs on him.
00:01:02.500 I can see how he's doing and hear how he's doing and stay in touch with him. We're so lucky to have
00:01:08.200 this guy in the national conversation and our lives and having served our country. He makes you proud to
00:01:13.240 be an American and just like a human. He's a normal, thoughtful. I don't know if I've ever had somebody
00:01:19.640 on the show who is just so authentic and honest. Many have come close, but Sean Ryan is in a class
00:01:27.200 of one. Anyway, check it out now onto the news because there's a lot of it today. My gosh, we
00:01:32.260 are drinking from the fire hose when it comes to this Trump trial. They're in the middle of closing
00:01:35.480 arguments right now. Todd Blanche, who represents Trump, is first up and is in the midst of it. He
00:01:42.780 started a couple of hours ago in this New York City courtroom in the business records trial of
00:01:48.760 former President Donald Trump. My pal sent this to me. You know, you know how we began this trial with
00:01:55.260 our fake like romance novel slash porn reading of the way the reporters were covering Trump's facial
00:02:04.680 movements during the voir dire. I mean, really, they took the most boring aspects of this trial
00:02:10.820 and made it into their own personal Trump porn. He sent me a screen grab from CNN. Hush money. Trump
00:02:17.080 hush money trial live in the courtroom. New 926 AM. Trump scanned the rose to his left as he walked down
00:02:26.540 the center aisle, pursing his lips. They never stopped. They can't get enough of it. These lips
00:02:37.720 were pursed. Make sure you include that. Outside of the courthouse, it's just as ridiculous.
00:02:46.660 The campaign of President Biden, remember, they were above it all. They weren't in favor or against
00:02:50.540 these prosecutions. It really just kind of had nothing to do with them. They were above it all.
00:02:53.980 Trump is the criminal loser who has to go to criminal court. President Biden is the president.
00:02:58.840 He's in the Oval Office, for God's sake. You see the difference between these two men?
00:03:03.580 Well, the latest polls seem to have caused a change in heart. And now the campaign of President Biden
00:03:09.360 is holding a press conference featuring Robert De Niro and January 6th police officers. I kid you not,
00:03:19.040 it's happening right now. We're going to show you some of what they're doing. We'll get to all of it
00:03:23.420 today with two of our favorites. Stu Bergeer is host of Stu Does America on Blaze TV. And Dave
00:03:29.260 Marcus is a columnist for Fox News and the Daily Mail. Stu, Dave, welcome back. So I'm going to read
00:03:37.620 you some of the closing argument as it's gone so far. But what do you make of above it all Biden
00:03:43.560 now actually going, right? The Democrats were salivating. Trump's stuck in court. He's not
00:03:49.600 going to be able to say anything. But Joe Biden's got the whole nation to himself. Meanwhile, they're
00:03:53.560 like, holy shit, all the action's over there. We better get over there right now. Who do we send?
00:03:57.520 Get Robert De Niro. He's one of the biggest stars on earth. Everybody will love him. Well, he got booed
00:04:02.940 to the point where he started to like get upset. Somebody, and I got to imagine it was a Trump
00:04:09.360 supporter, must have hit one of those car alarms, the annoying car alarms, which took over half of his
00:04:16.080 remarks. He was so annoyed. He's not used to going into the room and not being the most popular guy
00:04:23.960 there. Stu, so what do you make of their running to Trump sometimes when Muhammad won't go to the
00:04:31.100 mountain? You know, it has to happen. Politico today saying the Dems are in full freakout mode over
00:04:36.940 the Biden candidacy and how it's going and which is not well. So what better way to turn the narrative
00:04:43.240 around about your, you know, 80 plus year old doddering candidate than send out an 80 plus year
00:04:48.340 old doddering celebrity to support him in front of a courthouse where he shows up, by the way, in a
00:04:55.280 cloth mask outdoors. He walks up in a mask, I guess, to prevent COVID-19 outdoor transmission, which
00:05:05.640 scientists will tell you has never occurred outside of very close conversation. And then he,
00:05:11.680 of course, steps up to the podium and when he's surrounded by everybody and removes the mask
00:05:16.060 immediately. It's actually a really good microcosm of how this is going so far for Biden.
00:05:21.720 So true. Unless the mask red vote, it couldn't have been any better.
00:05:26.400 Yeah, it's true. It's just embarrassing. This is an embarrassing situation. And they are now
00:05:31.660 getting to the point where I think they've had this narrative in their head since the beginning,
00:05:36.180 Megan, I think, where they thought, you know, look, people, you know, Trump left office and wasn't all
00:05:40.360 that popular, right? He leaves in 2020, even before January 6th, you know, his approval rating was
00:05:45.100 never sky high. People will remember eventually that they didn't like him. They'll see him on TV.
00:05:51.080 He'll start tweeting again or something. And the people will be reminded. And the closer and closer
00:05:55.300 we get to this election, I think they're realizing that the average everyday situation for the average
00:06:01.580 everyday person is overwhelming whatever distaste they had for Donald Trump's personality or
00:06:07.280 hijinks outside of office, they don't seem to be thinking about that. They seem to be thinking
00:06:13.580 about their bank accounts and the fact that they're paying, you know, $9 a gallon for milk.
00:06:18.200 And this is a big problem for them and one that is overwhelming whatever concerns they have about
00:06:23.340 Trump. They look back at Trump as something that, you know, it was a positive memory in their mind as
00:06:27.280 opposed to what they have now. And they might not like Donald Trump, but what they do know is they
00:06:31.180 don't know they don't want what they have at this moment.
00:06:33.420 Dave, here's some sound from outside the courtroom. De Niro talking about what's going to happen.
00:06:39.440 We keep hearing this from Rachel Maddow and others. If Trump wins, suggesting we'll never
00:06:44.880 get rid of him. He's going to stay in office forever and ever. He will single handedly bend
00:06:48.240 the Constitution to his will. Sat won. If Trump returns to the White House, you can kiss these
00:06:54.420 freedoms goodbye that we all take for granted. And elections, forget about it. That's over.
00:07:01.340 That's done. If he gets in, I can tell you right now, he will never leave. He will never
00:07:09.480 leave. You know that. He will never leave. What does that mean? Is that the country we
00:07:19.400 want to live in? Do we want him running this country and saying, I'm not leaving, I'm dictator
00:07:24.900 for life? This is not a threat. This is a reality. And that's why I've joined the Biden-Harris
00:07:32.700 campaign, because the only way to preserve our freedoms and hold on to our humanity is
00:07:38.660 to vote for Joe Biden for president. Really? We don't have a choice.
00:07:47.240 Okay. Just to follow up on that, Dave, here's a little bit of the pushback that he was getting
00:07:53.940 and how he handled it and sought to.
00:07:58.080 for these low lives, for Trump. They lied under oath.
00:08:05.640 They lied under oath. Who lied under oath? What are you telling me? Excuse me? They lied under oath?
00:08:13.940 What are you saying? They're traders. I don't even know how to deal with you, my friend. I don't
00:08:23.780 even know how to deal with you. Dave, should Robert De Niro have been dealing with them at all?
00:08:33.540 Listen, if you look over De Niro's shoulder in that first clip, you can see Biden comms director
00:08:38.720 Michael Tyler thinking to himself, oh, my God, my career is over. I mean, it's like it's right there
00:08:44.380 in his eyes. Like you could completely see it. No, I'm going to be honest with you. You know,
00:08:48.380 I've covered every inch of this trial for The Morning Wire every day. So I'm there nine o'clock
00:08:53.340 this morning. There's my TV. There's my laptop. There's my thing. And I see Biden Harris going to
00:08:58.820 do a presser at the trial. I thought like, well, that doesn't seem like a very good idea. That
00:09:04.180 doesn't send the message. This isn't political. Right. But I thought, OK, that's dumb. And then
00:09:09.420 I'm scrolling Twitter. And I don't know if you guys know Phil Wegman. He's a buddy of mine.
00:09:12.660 Wonderful White House correspondent for Real Clear Politics. One of the few guys who asks the tough
00:09:17.080 questions. Right. Serious journalist. I'm a goofy columnist. He's a serious journalist. Right.
00:09:21.820 And he quote tweets the press release. And he says, one of the speakers will be Robert
00:09:27.380 De Niro. My hand to God. My first thought was good for Phil. This is funny. This is a good
00:09:34.200 funny joke. It's nice to see Phil let his hair down. And I was like, wait a minute. Phil
00:09:39.800 wouldn't make this joke in this situation. And I still couldn't believe it was real. I am
00:09:45.420 absolutely flummoxed. That is the dumbest move that I've ever seen a presidential campaign
00:09:49.380 make in my entire life. You know, Biden's campaign staff reminds me of a line from
00:09:55.060 Glenn Gary Glenn Ross when Ricky Roma looks at the office manager and he says, your job
00:09:59.700 is to help us not to fuck us up. And that's what I'd be saying if I was Joe Biden to my
00:10:05.680 campaign staff right now. They're horrible. Look, I don't know if they're going to switch
00:10:09.280 out Joe Biden. They got to switch out these fools because this was a hot mess.
00:10:13.660 Yeah. And honestly, like the January 6 cops, the thing is to these two in particular, especially
00:10:21.340 Fanon, have been so partisan, so political. I mean, they hate President Trump. And I get
00:10:31.780 that maybe they have additional reasons to dislike him, given what happened on J6. But if you listen
00:10:37.620 to in particular, this guy Fanon, I don't know Harry Dunn as well. Everything he says about
00:10:43.080 Trump is interpreted through the most harsh partisan Trump derangement syndrome afflicted
00:10:49.640 lens. It's like, OK, we we get it right. Like these are and De Niro, too. I was on Fox News.
00:10:57.680 I was in the primetime of Fox and we had Robert De Niro on camera in an exclusive rant about Donald
00:11:07.160 Trump is the first time he'd really come out and said how he felt about politics. And we broke
00:11:12.440 that on my show when he ran and lost to Hillary Clinton. So what is it that they think has changed
00:11:21.840 between then and now that De Niro couldn't get Trump defeated in 16 to Hillary, but somehow
00:11:29.880 he can do the job now against Joe Biden? It is strange calculus. I don't understand it at all. I mean,
00:11:36.980 obviously, the Democrats have this quote unquote advantage of having all of the celebrities on
00:11:43.500 earth liking them instead of Republicans. And they trot these people out constantly. I've never
00:11:47.940 really seen much success with this approach, though. I don't I don't know that it does anything for
00:11:51.920 anyone. You kind of understand in theory that the Capitol police officer approach, right? These are
00:11:57.240 people who look on January 6th. Some Capitol police officers were victims of being hit with flagpoles and
00:12:05.120 things like this. There are some that I think are, you know, characters that you would want on your
00:12:09.800 side. You mentioned Harry Dunn, though. He's not one of them. I mean, Harry Dunn has what the person
00:12:15.680 said to De Niro, at least part of it was accurate. He has lied under oath. Our own Steve Baker here at
00:12:21.260 the Blaze has done extensive reporting on this with video. He got access to all of the cameras inside the
00:12:26.860 Capitol. Harry Dunn said under oath that he was in one place in the Capitol and had a confrontation.
00:12:32.080 We have the video from that time. He was on the other side of the building, nowhere near where
00:12:37.500 he said he was. This has been shown with video over and over again. Please look at Steve Baker's
00:12:43.080 reporting on this. And he's he went on to, of course, run for a congressional seat, which he lost
00:12:48.600 in a primary a couple of weeks ago. But he has been someone that the Democrats have tried to use this
00:12:54.560 idea that he's this hero cop and large parts of his story have already been proven to be untrue.
00:13:00.640 They don't care. They have this idea that they can still control this narrative and
00:13:05.900 forever through the mainstream media. This has been true. They've been right. They've been able
00:13:10.340 to do this. I just don't think 2024 the same story. I don't think rolling out famous celebrities
00:13:16.380 and people who have our newsmakers whose stories have been proven at least half untrue.
00:13:22.720 That's not going to work anymore because you don't have a media that is going to tell the story
00:13:27.840 lock, stock and barrel the way they want it. And I think they're going to wake up to a situation
00:13:32.540 where they just don't have the control they believe they do. And I think it's just now that
00:13:38.360 we're within six months, it's starting to terrify them. Yeah, that's right. They they are losing
00:13:42.900 control. I mean, the fact that they sent emissaries over to lower Manhattan to speak at the Trump trial
00:13:48.640 is amazing. And it does show you that what Trump's been doing since he's gagged and he can't speak
00:13:53.480 of bringing in surrogates to offer comments every day has rattled them, too. They're like,
00:13:59.640 oh, no, we better get somebody over there to counter that rather than doing the above the
00:14:04.260 fray. We're going to talk about inflation routine above the fray. We're going to talk about you and
00:14:09.340 your pocketbook and the issues we know matter, which was the approach they said they were going
00:14:13.020 to do. And obviously nothing's working for him, which is why they're in full freak out mode.
00:14:17.280 We'll get to that Politico article. But let me stay on the Trump trial because we've got we don't
00:14:22.400 so frustrating, of course. Right. We don't have cameras in there. All we get is tweet storms from
00:14:26.560 those who are either in the courtroom or in the annex for press where they hear everything live,
00:14:31.020 but don't necessarily see everything live. And we've got a bit of, you know, what we what we
00:14:37.140 sort of are calling a transcript. So I'm going to read you some of it. OK, this is from Todd Blanche's
00:14:41.640 closing argument, skipping around here. And again, understanding this is not verbatim. This is
00:14:45.620 pulled together via Anna Bauer, Andrew Giuliani and Katie Fang, who are diverse ideologically. So
00:14:53.640 that's good. That's what you want to pull from. OK, Blanche gets up there and says President Trump
00:14:58.500 is innocent. The district attorney did not meet their burden of proof, period. You should want and
00:15:03.780 expect more than the testimony of Michael Cohen. You should want something beyond the word of a woman
00:15:09.340 who claims that something happened in 2006. You should want more than Keith Davidson, an attorney
00:15:15.120 who was really trying to extort money from Trump in the lead up to election. This morning, I'll talk
00:15:20.080 to you about what you say and hear in the courtroom, but also what you didn't hear, what you saw, I guess
00:15:25.620 that should say. This case is about documents. It's a paper case. It's not about an encounter with
00:15:31.020 Stormy Daniels 18 years ago, which Trump has denied. It's not even about a confidential settlement.
00:15:36.820 It's about whether when Trump was living in the White House as leader of the free world,
00:15:41.840 he had anything to do with payments to his personal attorney at the time. Were those payments false?
00:15:48.980 Were they done with intent to defraud? The answer is absolutely not. They were accurate and done with
00:15:54.680 no intent to defraud. Moreover, there was no conspiracy to influence the election. You cannot convict
00:16:01.460 Trump on the words of Michael Cohen. There were key conversations he claimed he had, meaning Michael
00:16:08.140 Cohen, with Dylan Howard, with Keith Schiller. Howard was AMI. Keith Schiller was Trump's bodyguard.
00:16:14.540 Allen Weisselberg, the CFO of the Trump org, none of whom were witnesses in this trial.
00:16:19.340 Michael Cohen is the witness they called. The words Cohen said to you mattered. And he said a number
00:16:25.860 of things do you understand that were lies, pure and simple, I think it is. He goes to the business
00:16:33.100 records that form the basis of the charges, focusing on the checks. Trump signed them while he was in
00:16:37.540 the White House. You have to find that these documents were false and that he made them with
00:16:44.460 intent to defraud. Don't forget, the checks themselves don't say anything incriminating.
00:16:49.920 They're just 35 grand from the Trump org signed by Trump to Michael Cohen over the course of several
00:16:55.980 months to pay back this 420 grand, which we've gone over what was in there. And, but the stubs
00:17:02.180 say retainer, retainer. And the prosecution's arguing that was a lie because there was no retainer
00:17:07.860 because Cohen wasn't working for Trump as a lawyer in 2017. Trump didn't write retainer. Cohen submitted
00:17:13.160 an invoice to the Trump org that said retainer for legal services performed. The Trump org had a drop
00:17:18.940 down menu of how we categorize all outgoing expenses. Legal expenses was one of the items
00:17:24.720 and they clicked it. And that's what happened. And in this stub for the check was just reflected what
00:17:30.440 the lawyer had written on the check retainer. Trump is not shown to have known about or, or approved
00:17:37.820 or written any of that. All we have for the fact that Trump allegedly knew about a scheme to bill things
00:17:44.760 as expenses when they really reimbursements for hush money is the word of Michael Cohen. And, and
00:17:49.240 that's what Todd Blanche is saying here. Okay. I'm continuing Blanche turns to the vouchers in the
00:17:56.040 Trump organization ledger system. Deb Tarasoff, who worked for Weisselberg in accounting, Blanche
00:18:01.580 says, told you these vouchers were put in the system. They were a result of what the invoice was
00:18:06.680 submitted by Cohen. This is getting to the point I just made. And that was consistent with what she
00:18:11.460 understood was happening at the time. Cohen was acting as Trump's personal attorney. They're
00:18:16.820 trying to say what Trump said outside of the legal proceeding early on in this case. He was my
00:18:20.540 lawyer. We put down legal expenses for the money I gave him. What's wrong? What's false?
00:18:28.020 Tarasoff told you she never did anything at the direction of Trump. Blanche reminds the jurors,
00:18:33.240 there's no dispute that Cohen was rendering legal services to Trump in 2017 while Trump was in the
00:18:39.740 White House and that he was serving as Trump's personal attorney. As a matter of fact, Cohen testified
00:18:44.960 as much. There is a reason why in life that usually the simplest answer is the right one. That's not
00:18:51.260 what Mr. Cohen told you on the stand. Mr. Cohen was paid to be president Trump's attorney. And Cohen guys
00:18:58.740 did admit that while he wasn't working for him full time, he did at least a few incidents of legal work
00:19:06.280 for Trump and Melania during 2017. He was billing himself as Trump's personal attorney. He was using
00:19:12.040 that label to get other work. And even though they didn't sign a retainer agreement for that year,
00:19:17.800 they had never signed one. Michael Cohen always worked retainer free for the Trump organization.
00:19:24.020 So it was not unusual for him to do that. I'm going to keep going and then I'll bring you guys in.
00:19:30.060 The government wants you to believe that Cohen, Weisselberg and Trump had some kind of agreement
00:19:34.720 to falsify the records that Cohen wasn't working for that $35,000 a month, that it was a reimbursement
00:19:42.680 for the storm repayment, among others. Then Todd Blanche shows a May 2017 email in which Cohen tells
00:19:48.960 the recipient to call him about the foundation matter he was working on at the time for Trump.
00:19:54.680 Blanche, the government wants you to believe Cohen was doing this work for free. Even if Cohen was
00:20:00.380 working for a small fee, there was a retainer agreement, Blanche says. Just wasn't in writing
00:20:05.140 is their point. He mentions Cohen's testimony regarding his consulting retainer agreement
00:20:09.960 with Novartis. That's how a retainer agreement works, Blanche says. You're on call. That's why
00:20:15.760 he was getting $35,000 a month to be available if and when Trump needed him. By the way, I have an
00:20:22.760 attorney on retainer right now. Same thing. He's not doing anything for me. It's if I need him.
00:20:28.320 And if anybody messes with me, I will sick him on you and it will be highly unpleasant for you.
00:20:33.120 This is not unusual to have a lawyer on retainer for people in, you know, significant posts.
00:20:41.620 Michael Cohen was Trump's personal attorney, period. Okay, so that's it for now. I'll get to some of
00:20:47.960 the some of the rest of it. But he's trying to make the case. There was no falsification. This is a
00:20:53.740 falsification of business records case that the government can't even get past step one. What was
00:21:00.220 written down was a legal expense. It was a legal expense. It wasn't a reimbursement. And those
00:21:06.160 $35,000, $35,000, $35,000 monthly payments to Cohen were for actual legal work. The question is,
00:21:12.960 will the jury buy it? Dave, let me start with you on that one. Yeah, look, not for nothing. Another part
00:21:18.560 of the prosecuting case that you have to believe in order to believe their theory of the case is
00:21:23.900 that Trump was aware of all of the details of these payments, right? Well, in order for that to be
00:21:28.280 true, Trump would have had to have known that Michael Cohen was stealing $60,000 from him. I mean,
00:21:33.480 that's established, right? Cohen admitted it. It makes absolutely no sense. It's completely bizarre.
00:21:40.020 You know, I will say, and you mentioned, how do you know about the jury? You know, I covered the
00:21:44.660 Ghislaine Maxwell trial. It was another situation. No cameras, no recording devices. It was even worse.
00:21:49.880 You couldn't even have your phone or whatever. And it is very hard to explain to people who aren't in
00:21:56.080 the room how the room feels, what's going on. I'll let you in on a tip. If you ever have to do it,
00:22:01.380 sit next to a British journalist. They still learn shorthand. It's sorcery. These guys just have a
00:22:07.340 trans... You got to buy them lunch, but like, they'll tell you exactly what it's. It's amazing what they can do.
00:22:13.220 Um, word for word. And, but, you know, I've watched all of this to the extent that you can
00:22:19.040 watch it. And there's so many holes in this case. And I know that everybody says he can't get a fair
00:22:26.840 trial because New Yorkers are Democrats. Look, I spent decades living in New York. They're Democrats,
00:22:31.700 but they're not idiots. They're Democrats, but they're not fundamentally dishonest. And I'm very
00:22:36.220 hopeful that this jury is going to come back and tell the prosecution that they didn't make their case
00:22:41.180 because I don't want to live in this America where we say, oh, well, this is in a blue district so
00:22:46.500 that the outcome will be this way. This isn't a red one. It's this way. So I think it would be
00:22:50.360 wonderful for the country if this jury looks at how flawed this case is, makes the right decision,
00:22:56.040 and we can all take a little sigh of relief.
00:23:00.140 I wish I were as confident as you are. I just think this judge is leading them right to the
00:23:04.620 conviction water. And it's going to be very hard for them not to drink. I'm an optimistic guy.
00:23:10.980 Yeah. I mean, I'm neither an optimist nor a pessimist, but I'm a bright sider. I would say
00:23:16.520 I'm a bright sider. But I just don't believe that. I'm thinking, does that make me an optimist? If
00:23:24.080 you're a bright sider, maybe you are. Anyway, a story for another day. I just don't. I think they
00:23:29.100 will convict him. I do, because I think that their partisan instincts will be, let's get rid of him.
00:23:34.860 We have an opportunity. And I think the partisan judge is going to make it next to impossible for
00:23:40.320 them not to. I wouldn't be shocked if there is a holdout on the jury, but I wouldn't bet on that.
00:23:46.980 That's my own statement now. Who knows? I've been wrong before. Stu, it is interesting to hear them
00:23:52.360 methodically go through. They're spending a lot of time. They're only going to do two hours. We heard
00:23:56.180 that Team Trump did not want to bore the jury. They were very cognizant of the fact that this
00:24:00.440 jury does not want to sit there for 10 hours of a closing. So they said, we're going to limit it to
00:24:05.220 two, two and a half at the most or in break right now. And they were hoping the prosecution would do
00:24:09.280 the same. Then we heard the prosecution's closing was going to be about four and a half.
00:24:13.580 You know why? Because they have to stitch together a Frankenstein of a legal case. There are so many
00:24:21.820 hoops they have to jump through. The judge has ruled now that you don't actually have to prove,
00:24:30.480 have to all unanimously agree on which underlying crime Trump committed when he was falsifying
00:24:40.360 business records. You could think he violated a tax code. You over there, ladies and gentlemen,
00:24:45.760 on the end part of the jury box could think he violated election law. You in the middle could
00:24:52.000 think he violated Murphy's law. And as long as everyone agrees he violated a law and that the
00:25:00.400 financial records being written as they were was an attempt to conceal it, you're home. So this is,
00:25:07.760 this is what I say when I'm like horse, water, conviction, drink.
00:25:14.020 Yeah, it does feel like that, doesn't it? It just feels like everything has been tilted. The whole
00:25:19.520 playing field has been tilted to get this result. And I think if you go up to the average person
00:25:23.980 in a normal situation and you say, all right, well, you have to believe a bunch of different
00:25:27.460 things. You have to believe that he had the affair with one or both of these women. And I think a lot of
00:25:33.380 people would say they think he did. And then you have to believe that he made these payments,
00:25:37.880 right? And I think, you know, there's fewer than fewer people, but some would agree with that as
00:25:42.980 well. But then you also have to believe that he made these payments with the intent of holding on
00:25:47.340 the election and not for personal, you know, gain or protecting his family. And then you have to also
00:25:54.320 believe that he falsified the business records to protect the election that had already occurred.
00:26:01.360 Because even if you get to all of these different things they've set up that you need to believe
00:26:06.620 to convict him in this case, fundamentally, he's not being charged with the affair. He's not being
00:26:12.540 charged with the payments. He's being charged with the business records that all occurred after he was
00:26:19.820 already president. So how could he be fixing the election if he was already president when he was
00:26:26.680 doing these things? It makes no sense. It makes no sense how they turn this into 34 felonies when I
00:26:34.120 mean, we're all really talking about one incident, right? We're talking about one payment that was
00:26:38.560 broken up into 12 payments, a bunch of checks that he signed. But I mean, how is he charged with an
00:26:43.300 individual felony for Michael Cohen submitting an invoice? None of this makes any sense logically.
00:26:49.980 But because this judge, as you point out, Megan has tilted this playing field in this way.
00:26:55.580 He's not allowing a lot of that to even be considered. A lot of this is just sort of being
00:27:00.280 brushed aside. And there's a very specific thing they have to come to. And I hold out a little bit
00:27:06.260 of hope, maybe not much, but a little bit of hope because look what, you know, if you look at New York
00:27:11.340 state, something like 30% of people voted for Donald Trump. There are certainly people that even voted
00:27:16.120 for 13% voted for him in Manhattan, Stu, which is where the jury came from.
00:27:20.720 It's true, but 13%. And these are 12 individuals, not just 12 random individuals off the street,
00:27:27.020 but 12 individuals that the Trump team had a large hand in allowing under the jury. So is it possible
00:27:34.800 that one or two of them just come through and say, wait a minute, I get that I don't like Donald Trump.
00:27:39.400 Now, wait a minute. This is like, you know, being sent to Jenny Craig HQ with an assignment of
00:27:46.820 emerging with a supermodel, right? Like a waif-like supermodel from the 1990s.
00:27:53.920 You could probably find someone who's not quite as ample as the other gals, but you are not going
00:28:00.940 to emerge with a Kate Moss. That was the assignment that Trump's lawyers were given in doing jury
00:28:06.560 selection. This is not their, the pool of potential. I'm open-minded to Trump jurors
00:28:12.600 was about as skinny as this pen. There's like, that's like finding.
00:28:17.920 Wait a minute, Megan, Megan, a lot of these people, maybe not these specific jurors. A lot
00:28:23.180 of these people voted for Rudy Giuliani twice. A lot of these people voted for Michael Bloomberg
00:28:27.660 three times, right? That's not the same thing. Those two are not even the same species as Trump
00:28:33.520 in the minds of New Yorkers. I do live there, Dave, when you did all 17 years in Manhattan on
00:28:39.480 the Upper West Side. I know these people very well. And if there's one thing that unites
00:28:44.320 New Yorkers, other than being pissed off about what, when the snowplows come and where an alternate
00:28:51.260 side of the street parking, it's their hatred for this man. Yeah, but see, no, but Megan, you and I
00:28:58.140 run in slightly different circles in New York, right? I mean, you didn't spend a lot of time in a
00:29:01.880 moving truck, I bet, right? That's not how. I did a fair amount of time on the subway and the
00:29:07.740 Upper West Side is full of lots of middle class people. It's not all. I know. And if those working
00:29:12.840 class voters are out there, Dave, I see what you're saying. Where the hell were they in the
00:29:16.480 vote? They didn't vote for him. They did not turn out in droves at all. No, they didn't. I just think
00:29:23.420 that there's a difference between what there's two lawyers on this jury. The rest of them are all
00:29:28.000 either like nurses or working. Have you seen the lawyers on TV? They all hate Trump.
00:29:34.440 You know, just because you're a lawyer doesn't excuse you from TDS. No, I'm saying the lawyers
00:29:39.000 are more likely to hate Trump. Just ask Fannie Willis. Ask Jack Smith. Ask Alvin Bragg. Ask
00:29:42.580 Judge Rashawn. Those are lawyers, too, who hate him. I'm saying the lawyers are more likely.
00:29:47.460 Anyone with a college education is more likely to hate Donald Trump. That, I guess, is my point.
00:29:52.380 And I think the people without a college education are are probably more willing to be fair to the
00:29:57.560 guy. That's that's that's that's I agree with that. I agree with that as a principal. But I just
00:30:02.360 those people, they didn't turn out to vote for the guy. And they're surrounded in Manhattan in
00:30:06.980 particular, which is not blue collar. Manhattan's not. It's the wealthiest of the boroughs.
00:30:11.820 This would be different. That's why he said, bring me someplace else. Take me to Staten Island,
00:30:16.180 which which has a greater population of red voters. And there are pockets of New York State
00:30:20.620 that are redder and pockets of the five boroughs that are redder, which is how we got a Giuliani
00:30:26.040 who is very socially liberal, but fiscally more conservative. But they hate him just as much
00:30:30.160 they hate Trump now. And the city's gotten bluer and bluer and bluer. And the state has gotten
00:30:34.900 bluer and bluer and bluer. But our governor right there right now is out there currently calling the
00:30:40.800 Trump voters what losers and jokers. She's openly disdainful of the right. Anyway, my point is clowns,
00:30:47.540 clowns, clowns. The Trump supporters are a bunch of clowns. She feels comfortable enough in this,
00:30:51.760 you know, once formally Republican governed state to call Trump supporters clowns. Anyway,
00:30:57.280 I hope you're right, Dave. I really do. I hope you're right. And I've, I've been wrong many times.
00:31:01.560 Don't hope too hard because it doesn't happen that often, but yeah,
00:31:04.640 I just feel like the setup is there. All right. Let me give you a little bit more from the closing
00:31:09.360 so far with Todd Blanche, spending a lot of time trying to prove that there was no
00:31:14.040 falsification. He makes the point that I just made about, um, the, the Trump organization's
00:31:21.320 ledger system and how things were going to be documented. And he says, you know, you heard
00:31:26.320 about, um, from this Tara soft who worked in the finance department accounting, how she decided to
00:31:32.700 put information on the voucher system. She was told by her boss and accounting to post to legal expenses.
00:31:39.300 There's no evidence. President Trump knew anything about this system. And you can see what Tara soft
00:31:45.540 did was exactly what her boss told her. She posted his expenses, Cohen's submissions to legal expenses.
00:31:50.880 She did not follow up. She did not follow Trump or Weisselberg's instructions. He, she followed a
00:31:56.060 lower employee's instructions because that's the way they always did it with legal fees is what he's
00:31:59.840 saying. Uh, he says, you heard that everything that came from a law firm was labeled the same way
00:32:05.580 as a legal expense, whether it was Michael Cohen or Jones day or Skadden Arps or whomever. They all
00:32:12.080 got documented. If they came in from a lawyer or law firm as a legal expense, but the government is
00:32:16.900 now criminalizing what Ms. Tara soft did. That's absurd. Um, okay, going on onto the checks, which
00:32:23.900 were labeled as being paid out for a retainer. These checks don't have any of the language that you will
00:32:29.120 see in the invoices Michael Cohen submitted. It's just one word generated by the Trump organization's
00:32:36.040 accounting system as filled out by this Deb Tara soft. You heard that sometimes Trump looked at the
00:32:41.440 checks and sometimes he didn't because his signature was on them. Uh, sometimes the checks were half an
00:32:46.560 inch thick that he was sent to sign. You can't convict president Trump because you can't find that he had
00:32:52.400 full knowledge. That's reasonable doubt. It matters where president Trump was during this time. He was
00:32:58.040 frequently multitasking, constantly being interrupted as he was the sitting president of the United
00:33:03.940 States. It's a good point. So all that stuff about Trump being a micromanager, tougher to sell when he's
00:33:10.420 leader of the free world, managing a few other things. The idea that he was part of a scheme to book a
00:33:16.000 legal expense and remember the scheme involved booking a legal expense as a legal expense is absurd.
00:33:24.300 Um, if you accept Michael Cohen's version of events, you have to believe that Cohen, Weisselberg and
00:33:30.480 Trump were all in this together, but the documents they've put forth contain lies. He mentions the
00:33:37.320 gross up of the reimbursement for the stormy Daniels deal and the red finch services. That was the 50
00:33:42.480 grand and that Michael Cohen stole from Trump on the government will try to argue that there was some
00:33:47.800 type of tax scheme here, but there's no evidence to support that. You don't have to go further than
00:33:52.360 we've gone here, but where is the intent to defraud? You saw an evidence that the Trump org
00:33:57.280 reported on a, on a tax form, the payments that Trump made to Cohen. What's false or misleading
00:34:04.960 about documenting the payments you made to the IRS? If there's something false or misleading here,
00:34:10.920 why was it reported to the IRS? How can there be any intent to defraud when Trump one discloses it
00:34:17.500 to the IRS to tweets about it? And three discloses it on a government ethics form. Wow. All right,
00:34:25.980 wait, let me just keep going. This is good stuff. Now he turns to the predicate, the predicate crime,
00:34:31.700 a conspiracy to influence the election by unlawful means. It doesn't matter if there was a conspiracy
00:34:36.980 to win an election. Every campaign in this count in this country is a conspiracy among people to help
00:34:42.180 somebody win. You have to find that this conspiracy was done unlawfully by unlawful means. David Pecker
00:34:49.180 of AMI National Enquirer told you AMI purchase stories all the time. It wasn't unique to Trump.
00:34:55.520 Many politicians work with media to promote their candidacy. It was standard operating procedure.
00:35:00.820 Hope Hicks told you the same thing. And we know from David Pecker that this was done in the case of
00:35:05.840 Arnold Schwarzenegger and his campaign and many other public figures who are in the news for
00:35:10.720 some potentially seedy things. There's nothing wrong with a politician like President Trump
00:35:16.020 trying to get positive news stories and avoid negative ones. That's a campaign and there's
00:35:22.280 nothing illegal about it. But the idea that sophisticated people like Trump and David Pecker
00:35:26.920 and the National Enquirer could influence an election is itself preposterous. He notes the
00:35:33.220 relatively low circulation numbers of the National Enquirer. The idea that the National Enquirer could
00:35:37.660 criminally influence the election by republishing a story that was already out there should make you
00:35:43.500 shake your head. It makes no sense. He turns to the Trump Tower meeting in 2015. I believe that was
00:35:49.740 with Pecker. There were there was no in-depth discussion at that meeting about how they would
00:35:54.920 publish positive stories or kill negative ones. It was just a general discussion about Trump's
00:35:58.840 candidacy. This is where that Pecker said, like, how can we help you? Remember the words catch and kill?
00:36:04.480 Well, they told you that was the heart of the agreement. But Pecker, Cohen and Trump didn't
00:36:08.640 even discuss catch and kill at that 2015 Trump Tower meeting. And they didn't discuss financial
00:36:13.180 arrangements at that meeting either. And Pecker himself told you there's nothing unusual about
00:36:18.140 catching and killing. What did he tell you? Told you that they only published about half the stories
00:36:23.740 they bought. And he's been in the industry for decades. So that's meaningful. That matters.
00:36:29.960 And by the way, he says the Karen McDougal story, which which is going to be important. I'll tell
00:36:35.840 you why. Also was not a catch and kill. Why? Because McDougal wasn't interested in selling her
00:36:41.480 story. She wanted to write articles. And the agreement with AMI did just that. OK. He talks
00:36:48.440 about the Trump doorman story. That would have been the biggest story because that the National
00:36:52.840 Enquirer ever had if Trump had fathered a love child out of wedlock. The reason they never published
00:36:57.500 that one because it was not true. It was false and goes on. OK, and I'll get to the rest.
00:37:04.160 So, again, he's talking about there was no falsification. And then this whole conspiracy
00:37:10.620 to to influence an election. He's making the point, guys, that that's just another way of saying
00:37:17.220 Trump tried to win. Right, Stu? I mean, that's really. A negative spin on something every candidate
00:37:24.760 does. Not this particular situation, but conspiracy to influence an election is something every
00:37:30.620 candidate does. Yeah, it's a it's a fascinating way to think about it. But of course, it's true.
00:37:36.620 Everyone's working together to try to get their candidate to win, to influence others. That is
00:37:41.440 very, very common when it comes to election time. And the fact that they're trying to vilify that they
00:37:47.040 have to come up with something that's tied to an actual crime, which is what I guess they're
00:37:51.320 struggling with. This is why this makes absolutely no sense. You know, one of the things that came
00:37:56.400 out in the trial, going back to the part you were talking about with with Cohen and these legal
00:37:59.940 expenses, one of the things that came out is that Cohen was actually doing legal work for Trump at
00:38:05.880 this time at leading up to when he became president of the United States. So like the idea that these
00:38:13.540 would be annotated as legal expenses is completely normal. It's how you would do it. You're not going to
00:38:20.760 put hush money payments, even if that's what it was. That's not how this is going to be recorded
00:38:25.040 in some sort of official internal document. And that's another part of this that I think is
00:38:29.440 important. These were my understanding was and correct me if I'm wrong on this, Megan, these were
00:38:33.400 internal notations. These weren't filed on any federal forms. These weren't submitted to the IRS
00:38:39.400 as legal expenses. They were they were submitted in they were in their internal record keeping
00:38:44.920 software, for lack of a better term. And Stu, I'll do you one better than that.
00:38:51.460 They were written down. These these payments falsely documented to win an election
00:38:57.520 after Trump was already president. Trump was in the White House and had won.
00:39:02.720 Yeah, that's their conspiracy to influence the election falsification payments.
00:39:08.260 Right. For this to be true, you would need a flux capacitor. You'd need to be able to go
00:39:12.600 back in time. I love the flux capacitor. I'm totally in the market for that.
00:39:16.120 Mm hmm. I need one of those myself. That would be it.
00:39:18.580 Have you been watching Dark Matter on Netflix?
00:39:23.540 I haven't. No. Is it good?
00:39:25.040 Oh, you got to watch it. It's crazy. And I think they've kind of they've got a flux capacitor
00:39:29.580 in that. Sorry, you were making a point, though. It was time travel related, but like these
00:39:34.840 things, this is what you need. You need to have time travel. You need to have all of these
00:39:40.000 assumptions built on top of assumptions built on top of assumptions. And I know, Megan, you've
00:39:44.480 been watching this stuff for a long time. As someone who jumps in on these big trials like
00:39:48.900 I do, I'm watching as a normal person who's really interested more. I mean, less in a way
00:39:53.880 personally in what happens to Donald Trump. I mean, I care about that because I care about
00:39:58.220 other people and I care about what it means to the rest of the country, but following
00:40:00.900 it more from a political standpoint, this is completely absurd. Is this normal in our legal
00:40:06.940 system? I mean, is this happening to people all the time? Because I feel like I have a
00:40:12.200 whole new crusade in life if this is the normal way our legal system is operating.
00:40:17.980 No, it's not normal. This is Judge Mershon's fault and the fault of D.A. Alvin Bragg, who are
00:40:24.040 partisan hacks? That's why we're seeing this absurdity happen right here. Let me fast forward
00:40:30.560 with you just a little. Oh, Doug Brunt is listening, my husband, and he's watching it with me on Apple
00:40:39.200 dark matter. Thanks, Duggar. Appreciate that. Here's Cohen. Sorry, not Cohen. Blanche getting ready
00:40:47.780 to wrap up, just jumping ahead and we can go back and do some more of the middle there. He kept it
00:40:52.020 tight. He highlights the fact that this big catch and kill scheme between Trump, Cohen and David
00:40:59.320 Pecker, and he's saying there was no such thing. And by the way, catch and kill was like a normal
00:41:03.840 thing anyway. So it's, it's not a conspiracy to win an election, but now he's highlighting the fact
00:41:08.340 that David Pecker didn't want it to have anything to do with Stormy Daniels payment. Here's how he put
00:41:13.220 it. This is a good argument. That's the conspiracy. He asks incredulous. That's it. There's supposedly
00:41:19.860 this big conspiracy to catch and kill all the negative stories about Trump. But as soon as
00:41:25.740 it comes to it with Stormy Daniels saying it's a month to go before the election, I'm going to go
00:41:30.180 public. Pecker wants nothing to do with it. He won't pay, which is why Michael Cohen had to pay.
00:41:36.120 What sense does that make? He says, by the way, Stormy Daniels, Daniels did not testify before the
00:41:40.660 grand jury. So why did she testify in this case? I'll tell you why they did it to inflame your emotions.
00:41:46.160 It's objection overruled here. Interesting. Blanche focuses on that October 24, 2016 phone call
00:41:53.180 that Michael Cohen testified. He allegedly made. Well, he did make it to Keith Schiller,
00:41:59.340 Trump's bodyguard. He alleged that it was actually to speak to Trump to tell him he had handled the
00:42:05.260 stormy matter. And then he was cross-examined with his texts to Schiller before that phone call was
00:42:11.800 actually placed, in which Cohen was getting harassed by a 14-year-old boy who kept bothering
00:42:16.080 him. And he was saying, what should I do? And the conclusion was Cohen was going to, Cohen had
00:42:24.180 resolved to tell Keith Schiller, Trump's bodyguard, that he wanted to bring this to the Secret Service.
00:42:28.580 And he did tell Keith Schiller that. And then I think Schiller said, call me. So he called Keith
00:42:33.840 Schiller. Now he wants the jury to believe that phone call, which was 90 seconds long, was actually
00:42:38.000 him asking to speak to Trump. So here's Blanche on that call today. He says, this was Cohen's sworn
00:42:45.220 testimony, his voice rising dramatically. This was a lie. Blanche says the defense put in evidence
00:42:55.640 what that call really was about, the harassing phone calls Cohen had received from this 14-year-old.
00:43:00.540 That is perjury, Blanche practically yells. Cohen has repeatedly lied under oath. He lied to his
00:43:10.240 family. He lied to his banker. He lied to the FEC, Federal Election Commission. He lied to every single
00:43:15.760 reporter he talked to for about a year. He's literally like an MVP of liars, says Todd Blanche.
00:43:23.580 He's also a thief. He admitted to stealing from the Trump organization, admitted to committing a felony
00:43:29.560 on the stand in front of you. But what should matter to you are the lies he told in this courtroom.
00:43:37.500 Before I sit down, I want to talk about 10 reasons why there's reasonable doubt in this case. And he's
00:43:44.020 just now starting to go through them. Pretty good, Dave. He's starting to ramp it up. And really, this case
00:43:50.340 at its base boils down to exactly what he's hitting on. No one can trust Michael Cohen or a word he says.
00:43:55.860 Yeah, I'm glad he's wrapping it up. I was starting to worry that it might get a little long. And I'm
00:44:00.420 glad that he's going to end it with a sort of bullet point of here's the 10 reasons for reasonable
00:44:04.800 doubt. That seems smart to me. Can I just ask, how has nobody found this 14-year-old yet? I mean,
00:44:12.360 where's TV USA on this? This kid could be like the biggest star on the right wing in the last five
00:44:19.360 years. I remember talking to my producer when that part of it broke. And of course, the big deal
00:44:26.340 there was that he got caught at least in a lie of omission, right? Oh, you didn't mention that this
00:44:31.300 was also about a 14-year-old who was harassing you? But I just remember John being like,
00:44:37.040 I'm sorry, say that again? And I'm like, yeah, a 14-year-old was prank calling. And we were just,
00:44:41.880 we honestly kind of like thought, sat for a second. I think we were both thinking like,
00:44:45.240 what are we doing with our lives? Like, this is all so silly and ridiculous.
00:44:50.580 And now that 14-year-old can vote, voting. I want to know who the 14-year-old is voting for.
00:44:55.160 It could be in Congress. It's not Congress. 22.
00:44:58.260 Yeah. Yeah. We need to know this kid. I think we're all on his side.
00:45:02.440 Absolutely. We wouldn't want to harass Michael Cohen.
00:45:04.840 Someone's got to find this person. But, you know, it goes back to the one mistake that I thought maybe
00:45:09.080 the defense made was putting Costello on. I was really a fan of the idea of just don't put anybody on.
00:45:15.240 Just let the prosecution rest and then say, they didn't make the case. That's it. And you sit
00:45:20.700 down. And I know that that's risky. But I feel like Costello also came off a little
00:45:26.580 Damon Runyon, guys and dolls-ish, right? And I thought it was kind of better to have that only
00:45:33.280 be Michael Cohen. But yeah, this whole thing looks shady and bizarre and ridiculous. And I think that's
00:45:39.960 why you saw, taking it full circle, this ridiculous press conference today, because the Biden campaign
00:45:46.340 understands this is not opening them. It's hurting them.
00:45:50.300 And Megan, if I might too-
00:45:51.300 Well, that's the question. Yeah, go ahead, Stuart.
00:45:52.760 Sorry, go ahead. Just on Cohen. One of the things we see with Cohen, and he's a person who,
00:45:58.820 you know he's lying because it's the only thing he's capable of doing, right? Like every time he opens
00:46:03.440 his mouth, he's lying. And that has been true for not just the last couple of years. It has been true
00:46:09.100 every minute he has been in the orbit of Donald Trump. And if there's one thing I hope Donald
00:46:14.180 Trump takes out of this, if he hopefully is exonerated here, and hopefully, you know, he goes
00:46:18.700 on and has a great life, maybe president of the United States again, is any time he senses anyone
00:46:24.420 around him who is anything like Michael Cohen, get them away from you. People like this do nothing
00:46:31.040 but destroy. This is why he was hired. Yes. Why was he hired in the first place? This is why Trump
00:46:34.720 hired Michael Cohen, because he's a dirtbag. And Trump was looking for a dirtbag to help him in a
00:46:40.460 dirty industry, which is the New York real estate industry. This is not where you go with the clean
00:46:44.820 fingernails with it speaking the Queen's English. I mean, it's infamous for having a lot of shady
00:46:51.000 characters in it. Trump was kind of born into it and knew how to work it and operate within it. And
00:46:56.560 you can't do it with the white shoe lawyers. I think that's why he had this guy working on,
00:47:03.800 you know, so closely with him. It doesn't make Trump look great, but I understand why he did it.
00:47:09.240 He couldn't find a perfectly ethical guy to handle these things with the muscle and language that might
00:47:16.720 be needed for one to be truly heard, to use the left's language in this rough crowd. He needed
00:47:23.160 to be heard here. Listen to this, Dave. That's also why Cohen couldn't go to the White House.
00:47:31.700 And that pissed Cohen off. That's exactly why Michael Cohen was not allowed to come to the
00:47:36.240 White House is exactly what you just said. That's not his milieu. No, God, Trump was smart enough not
00:47:41.460 to do that. Puck News Echelon poll last week. 85% of Americans say they've heard a lot or some about
00:47:49.220 the case. Only 45% could identify what the case is actually about. 45% of those who have heard a lot
00:47:55.060 about the case could identify what it was about. 72% on both sides said the case has zero bearing on
00:48:01.840 their opinion of Trump. 34% of Trump supporters and Trump leaners say a guilty verdict would make
00:48:07.820 them more likely to support him. It's not going the way the Democrats thought it was going to go,
00:48:14.280 guys. It's it's that's why we have Robert De Niro of the J6 cops there still. Well, you know,
00:48:20.960 it's funny. It's exactly why I remember thinking when all this started with all the legal charges
00:48:26.180 against him, they've got 91 charges against him. They're not going to go over 91. They're going to
00:48:30.320 get them on something. Right. And, you know, theoretically, maybe they will. But now it looks like
00:48:34.960 three of the four main cases are going to be pushed past past the election. You've got one of them is
00:48:40.160 the Fannie Willis disaster. And now this one, which is the biggest joke and has always been the biggest
00:48:46.720 joke among them. You know, I really do. You're having the electorate say, we don't care. We don't
00:48:52.880 care if there is a conviction, which is going to be, you know, a tall order if the jury follows the law.
00:48:59.100 Stand by much, much more on the opposite side. Stu and Dave stay with me for the show.
00:49:04.960 Would you like to hear the top 10 reasons that the jury should find Trump not guilty and find
00:49:11.960 reasonable doubt? Oh, yeah. Summarized. And I don't know that he listed them like it. And this
00:49:17.760 is the number one reason. But here we go. Number one, invoices. Cohen created the invoices. President
00:49:22.920 Trump had no intent to defraud. There's no proof beyond a reasonable doubt that that's what we spoke
00:49:28.040 about earlier, too. No proof that President Trump saw anything at all with those vouchers that were
00:49:34.440 created by the Trump accounting team legal expenses from the dropdown menu. Three, there's absolutely
00:49:39.740 no evidence of any intent to defraud. He disclosed it to the Office of Government Ethics. Similarly,
00:49:46.240 there is no proof to influence the 2016 election. We talked about both of those, too. He filed the
00:49:51.480 right tax returns. He disclosed these payments to Michael Cohen. And he couldn't have been trying to
00:49:57.780 influence the 2016 election with these falsified documents because he was already president by that
00:50:03.200 point. Four, no intent to commit or conceal. Remember, this is an important piece because
00:50:10.060 in order for the falsification of business documents to be a crime, given that we're past
00:50:14.740 the normal statute of limitations, they have to prove that the docs were falsified in an effort
00:50:20.820 with intent to commit or conceal another crime, other unlawful activity. This is number four. He says,
00:50:29.900 there's no falsification of business records, period. And anything that people try to talk about regarding
00:50:36.360 that is wrong. He must have said something else because that actually kind of whatever. Okay, so that's
00:50:41.320 his point. Number five, no evidence to illegally influence the 2016 election. The word illegally is what's
00:50:49.340 important there. Six, AMI would have run the story. I'm not sure where he's going with that. Seven, McDougal. Karen
00:50:57.120 McDougal did not want her story published, so it wasn't a catch and kill. Eight, Stormy Daniels' story was already
00:51:03.960 public, so why would Trump be paying to silence it? So again, they're arguing about whether she was paid off, which
00:51:10.960 we've questioned on the show, whether that's a smart move. The defense that Trump didn't do the
00:51:17.820 payoff, that Cohen did the payoff, that's all. I mean, but it's fine if Cohen did, if Michael Cohen
00:51:21.920 was reimbursed, true, too. Trump's decided to deny it all. Number nine, manipulation of evidence. The
00:51:28.200 government has made mistakes in presenting this trial, and we have caught them. Number one, that tape
00:51:34.220 between Trump and Cohen talking about the payout to Karen McDougal, that was inaudible and appears to have
00:51:39.580 been cut at just the right times by Michael Cohen. So they don't think this shows any pattern by Trump
00:51:45.980 and Cohen to work together to pay off women alleging affairs with Trump. The Karen McDougal tape is not
00:51:52.640 great for Trump, who claims everything was a Michael Cohen deal, right? But it's not, there's no tape for
00:51:58.620 Stormy, but they're trying to say it's inaudible and it may be incomplete, too. That October 24th call,
00:52:04.660 uh, the one to Keith Schiller, right? Um, I think that's the one we went over that. Number three,
00:52:11.360 Mr. Cohen's phone. They didn't tell you that Cohen actually wiped his phone and synced his phone to
00:52:18.180 his laptop. You didn't see any evidence that the laptop was searched. We know that the September 6th
00:52:23.440 recording was synced. How can you trust that it's reliable? You can't, you have to rely on Mr. Cohen
00:52:29.160 again. Cohen made up that call, the alleged one with Trump. He made up how it was received. And
00:52:35.500 there's nothing you can trust about what Cohen said. Number 10, Cohen is the embodiment of reasonable
00:52:42.200 doubt. Michael Cohen is a human lie machine. Michael Cohen is the gloat, the greatest liar of all time.
00:52:53.440 I like, I like that last one guys. Did you read that? Were those in reverse order from how he
00:52:59.240 presented them? I'm Kelly McGuire. Do you know the answer to that? She just sent it to me. This is
00:53:03.820 from, I think the gloat was the last one he presented if I'm not mistaken. Gloat had to be
00:53:07.620 number one. What Steve? Yeah. The gloat was at the end. I should say this was via Andrew Giuliani,
00:53:16.540 who is Rudy Giuliani's son. He's been doing great coverage of the case. Go ahead, Dave. Yeah. So gloat
00:53:21.280 is, I thought that, I thought the first few were actually sort of the strongest. And then we got
00:53:25.940 into, to sort of some, some haziness and then gloat was obviously a good line. I mean, yeah,
00:53:32.700 I mean, I don't know. I think I just would have ended on like the stuff that we were just talking
00:53:37.360 about. Right. Which is that this makes no sense. It obviously wasn't in order to affect the election
00:53:41.840 and even if it was and all that, but, but look, I think that those are 10, I think there's,
00:53:47.100 those are at least seven or eight, um, very solid points. You only need one, uh, for reasonable doubt.
00:53:54.060 Uh, and, and I guess the prosecution is going to spend four and a half hours trying to knock
00:53:59.800 these down. Now it's God bless the jurors who have to sit there for that. I mean, the answer to all of
00:54:05.040 those initial points for the prosecution, Dave will be a stew will be no Trump may not have been
00:54:12.380 looking at every check stub, um, of the payouts to Cohen. He, yes, we admit he signed the checks
00:54:20.420 and the checks didn't say much on them, but he was there when the scheme was birthed. That's what
00:54:26.720 they're going to say. They're going to say he didn't have to see all the check stubs. He didn't
00:54:31.500 have to see the dropdown menu that this accounting gal was using. He's the one who formed the scheme
00:54:39.980 in a meeting with Cohen and Weisselberg where they agreed. Cohen would pay her off. He would be
00:54:47.540 repaid. They would make it look like legal expenses when in fact it was a reimbursement
00:54:52.180 that it would be doubled 130 up to 260 along with some other payments that they were going to owe
00:54:57.980 Cohen reimbursement on and that that's how he would be repaid. You don't have to show Trump had
00:55:04.580 knowledge of dropdown menus or check stubs or any of that other stuff. I mean, that's a stretch. I
00:55:12.220 think you do have to show some of that. I mean, but I, to your point, that is what they're going
00:55:16.780 to go to. And I, you know, I understand, I look, I, there are parts of this that I think are going
00:55:22.040 to be believable to jurors, right? I mean, if you were to tell me that the actual truth here,
00:55:26.520 and we don't really know the truth, but if you were to tell me the actual truth was that he did have
00:55:29.940 multiple affairs with these women and these payments were, were designed basically to shield
00:55:35.820 him from a, you know, a post access Hollywood tape fiasco in the middle of a campaign, like I
00:55:42.320 wouldn't pass out of shock. Like I, it wouldn't be the most stunning news I'd ever heard in my entire
00:55:47.220 life if that were the truth. But that being said, it's still, all of this has to be built on the one
00:55:54.140 person who has told them this narrative from beginning to end, which is Michael Cohen. And,
00:56:00.220 you know, the last part of this, I think still is the strongest because you can go through and I
00:56:04.980 think prove to people and show that the, you know, the legal case doesn't line up, but that's not
00:56:10.400 always how a juror is going to think in these situations. At the end of the day, they do know
00:56:15.000 people like Michael Cohen. They do know people who are untruthful over and over and over and over
00:56:19.960 again and untruthful right to your face and will say anything that they need to say at any moment
00:56:25.520 that will benefit them. Michael Cohen was incredibly pro-Trump to an almost impossible level when he
00:56:33.540 worked for him. And the second he decided it was better for him to be anti-Trump, he was not anti-Trump.
00:56:40.140 He was resistance beyond Robert De Niro anti-Trump on TikTok for multiple years, writing books about
00:56:50.960 how he couldn't wait to get revenge on the guy. And then he comes in front of the trial and is this
00:56:55.880 like schoolboy just trying to tell the truth because he cares so much about the legal system.
00:57:01.140 Every person knows someone like that. And when he is the central point of failure for this entire
00:57:08.280 case, I think that's the strongest point the defense can bring up and, and ending on it,
00:57:14.080 I think is, is a good idea. Yeah. He said, um, that the, uh, Todd Blanche said, you know how
00:57:19.780 Michael Jordan is the goat? Well, Michael Cohen is the gloat and then filled in those letters
00:57:26.340 appropriately. I love it. Oh, Tom Brady. No, it's Tom Brady. Tom Brady's the goat, whichever they're
00:57:31.420 both the goat. And Tom, and by the way, Michael Jordan is the goat. It's not LeBron James.
00:57:37.260 Um, then he says, thank you all for listening to the jury. This is via Anna Bauer also doing great
00:57:43.200 coverage. This isn't a referendum on your views of Trump, uh, or who you voted for. That's not what
00:57:49.520 this is about. The verdict you're going to reach has to do with the evidence you heard here and nothing
00:57:53.940 else. If you do that, focus on the evidence heard in this courtroom. This is a very quick and easy,
00:57:59.160 not guilty verdict. Thank you. Um, however, he got in trouble because I guess Blanche said you can't
00:58:08.980 send Donald Trump to jail with the lack of evidence and testimony here. And judge Mershon asked Todd
00:58:15.180 Blanche, why did you mention prison? Judge Mershon says that was an outrageous and highly inappropriate
00:58:20.800 reference to reference the punishment that the defendant might be facing. Uh, it's hard for me to
00:58:26.440 imagine. He says to Blanche that that was not intentional. I will give the jury an instruction
00:58:31.600 on it. Now I wonder what that instruction is going to be because technically he could, he could go to
00:58:39.780 jail. Mark Garagos was on here a week ago today, really making that point in the strongest terms
00:58:46.100 possible or about a week or so ago. Um, that if it were Dave Marcus or Stu Berger, probably not Megan
00:58:52.420 Kelly, you'd be going to jail and jail and jail came up already. Right. Wasn't stormy Daniels asked
00:59:00.180 like, would you like to see him go to jail? Right. And she said, like, if he's guilty. So, I mean,
00:59:06.560 this isn't the first time. I think it's like, and Cohen, you're generally not allowed to reference
00:59:10.100 the punishment. You're not allowed to reference the punishment to the jury. So I think, I don't
00:59:13.580 think the judge is going to say there's no possibility he could go to jail in this instruction.
00:59:16.940 I think it's just inappropriate, right? He's saying he committed that in bad faith. Um,
00:59:24.160 it sounds like Blanche did what he needed to do. I'm very happy to see. He did not press the,
00:59:30.920 I did not have sexual relations with that woman point. He did not harp on the, there was no
00:59:37.140 interlude between Trump and stormy. He just said, Trump's denied it. And that was allowed to stand.
00:59:42.600 That's good. Kind of interesting. Cause Trump did not deny it in this case, right? He did not,
00:59:46.640 he did not take the stand and say that in this case, but Todd Blanche argued it in his opening
00:59:51.500 and argued it in his closing. So in any event, he didn't spend too much time on it. But again,
00:59:56.300 I do have real questions about the wisdom of arguing. He knew nothing about any of the
01:00:00.500 reimbursement scheme. I really think a stronger, cleaner way would have been, yes, this lunatic
01:00:06.260 came to him threatening to say she had an affair with him three weeks before the election.
01:00:12.820 It's a nuisance value number. We decided to pay it off. Cohen did it, whatever you could say he did
01:00:20.520 it on his own or not, which however he did it. I, yes, I reimbursed him because why should he be out
01:00:25.880 130 grand for this payment? Um, and that's it. I didn't do it to save my ass on the election or for
01:00:31.840 any reason other than she was annoying and she was threatening to bother me. So I made her go away,
01:00:37.020 which is par for the course for any very rich man doing business in New York. And by the way,
01:00:42.620 even if I did do it to help my election, talk to Brad Smith. That's not a crime. That to me
01:00:47.200 is a very clean and frankly, honest defense. Trump went another way and I think confused things,
01:00:55.940 but we'll see if the jury can hold on to the audience of the public though, but there's also
01:01:00.480 the public, right? So what you're asking, what you're asking Trump to admit to more or less in
01:01:06.700 the trial would have implications in the election. And it wouldn't though. It wouldn't, it wouldn't.
01:01:11.760 Well, everyone thinks he had sex with Stormy. I try not to think about it, but
01:01:17.420 I think I might be the only one who started to doubt it. I've started to doubt it as a result of
01:01:26.700 her cockamamie me too claims at the 11th hour. In this case, it just made me start to see her
01:01:31.200 as just a liar who's looking for attention. So I don't, if I had to put money on it, I'd say they
01:01:37.720 did it, but I certainly wouldn't find it beyond a reasonable doubt. Not that that is required of
01:01:42.080 this jury. I mean, Trump maybe is lying about that if he's lying for Melania's sake and the sake of his
01:01:47.180 family. And because he's told that lie, if it's a lie from the beginning, Stu, that's the one thing
01:01:51.020 Trump's been very consistent on. He claims he did not have sex with Stormy Daniels.
01:01:54.920 He does. And look, it's probably both, right? I mean, he's, if it's true that he was hiding this,
01:02:00.520 he's probably hiding it from voters and hiding it from his wife. I mean, like that's.
01:02:04.320 How would you want to admit it?
01:02:05.800 Right. No one wants to admit such things. You know, it's, it's just like, it's, it's bizarre to,
01:02:11.280 to watch all of this play out. Cause I think what you, you point out is really smart, Megan,
01:02:15.380 in that like, when you go to a jury, I think sometimes it's, it's not Trump's style,
01:02:20.060 but it's smart to give a little ground, right? To say, Hey, you know what? These things happen.
01:02:25.400 Here's exactly what went on. You get, you gain some credibility with average people. I think
01:02:30.240 when you do that, and we have evidence that Donald Trump did 100% act this way when the story was
01:02:38.360 completely false with the doorman and the love child story. Yes. That was a false story. And he still
01:02:45.680 paid off the doorman to get it out of the way. So I don't know. He really has legitimate credibility
01:02:51.600 to say that even on a false story, I went out and did this because this is how, look, this might not
01:02:57.060 be the way you act in your life, but rich billionaires who are on TV all the time do this
01:03:01.800 stuff. And it's the way of the world. It's a way of managing your, your PR as you're entering an
01:03:07.520 election. And like, in some ways, I think that would have been a more effective defense. Now, of course
01:03:12.720 they, you know, you mentioned the, the elect elections official, they could have brought
01:03:16.460 on the stand who was blocked, right? So they couldn't bring up this entire defense. And I
01:03:21.380 think that's been part of the limitation and at least, well, they did get out of David Pecker
01:03:27.440 that they did this catch and kill for Arnold Schwarzenegger and Rahm Emanuel, Rahm Emanuel,
01:03:33.000 when he was going to run for Chicago mayor, a Democrat. So it's basically friends of David
01:03:38.640 Pecker who get the special treatment. It's not just a Trump thing. Sorry, keep going.
01:03:43.320 No, I mean, it's clear. It's clear what this is, I think. And people look, we're adults here. We
01:03:49.040 understand this. No one's looking, you know, for some perfect person who's, who's never made a
01:03:53.660 mistake. Like, I don't like the idea of setting a precedent that we have presidential candidates
01:03:58.060 paying off people a couple of weeks before the election. That's not a good thing in my mind and
01:04:02.720 not something we should encourage for the future, but like people, individuals get to make these
01:04:07.560 decisions at the ballot box. If that's something that says, Hey, I don't want a person who's doing
01:04:11.400 that. You can go and we have the ultimate jury. It's coming up in November. They can all vote
01:04:16.680 and they can all have an opinion and we can figure out who we think should lead this country.
01:04:20.500 The Democrats, the left, you know, brag, they're all trying to take that choice away from us and
01:04:25.460 trying to kick us off of that jury. And that's the biggest violation of my mind.
01:04:29.840 You know, I feel about this kind of the way I felt when I saw all those Dave Portnoy stories come out
01:04:34.560 with all like a lot of women accusing Dave Portnoy of being kind of gross. And that is
01:04:40.980 don't marry Donald Trump. Don't slide into Dave Portnoy's DMS and have sex with him within an hour
01:04:48.240 of meeting him. These are bad ideas. And I am not going to vote for Donald Trump to be my husband.
01:04:56.160 Like I, that's not happening. Right. And I can admire Dave Portnoy and his talent as a broadcaster
01:05:04.020 without thinking it's a good idea to, you know, slide into his DMS. I just think like we're kind
01:05:09.900 of past the point as an election, as an electorate of being that buttoned up on a man's sex life and
01:05:19.380 the weirdness in it, as long as it's not a me too situation. You know what I mean? Like
01:05:24.240 I don't, I don't have to marry him. I don't have like, I need somebody who's going to close the damn
01:05:31.420 border, Dave. Right. It's like, and by the way, if we're going to go there, why is Joe Biden taking
01:05:36.640 inappropriate showers with his daughter, according to her? Can we ask that? Where's the trial and the
01:05:42.780 endless media coverage on it? Yeah, absolutely. I've been telling Stu for years to stop dropping into
01:05:48.080 Portnoy's DMS, but he never answers. I've got glad that you're backing me up on this stuff.
01:05:55.400 No, look, I think you're absolutely right. I just want to go back just quickly on, on the jury thing,
01:06:00.940 this idea of, well, why don't we present our own version of here are the events? I, you know,
01:06:05.600 I remember my mom is a criminal defense attorney and she used to talk to me about that point very
01:06:09.820 directly. And she said the worry that she always had with that was that then instead of saying to
01:06:15.040 the jury, if you have any reasonable doubt, you have to find not guilty, you're putting these
01:06:20.920 competing theories in their mind and that the jury might say, which theory do I believe more
01:06:26.340 and go that way. So you've gone from giving yourself the highest level of standard to a 50-50 choice
01:06:33.740 between, in any event, that's all complicated. From the electoral standpoint, I agree with you a hundred
01:06:40.280 percent, Megan. I mean, I think at this point, short of, of exactly, you know, there being
01:06:45.500 allegations of, of sexual assault. And we even had those with Trump, honestly. Um, well that that's
01:06:51.060 right, Dave. And that had come out separate and apart the stormy. It's not like stormy was like
01:06:56.200 Donald Trump raped me. Now that would have been worth paying to stop, right? Like if that, that would
01:07:04.660 have gotten a bigger number. And if that had happened, it would have been an absolute game changer
01:07:08.240 potentially. I don't know though. Cause all these other women did come out and say what they said,
01:07:11.940 but, but to your point, the access Hollywood tape broke in October. And then we did have a parade of
01:07:17.840 women come out and say, yeah, look what he did to me on an airplane. Look what he did to me in a hotel
01:07:22.820 room, et cetera. Look, I'm not, I'm not sure that we're better off today than we were, you know,
01:07:29.180 in, in the eighties, I won't say the nineties because Bill Clinton skated on some, on some pretty
01:07:34.780 serious sexual stuff in the nineties. Right. But in the eighties, Gary Hart didn't write Gary Hart's
01:07:40.820 campaign. And he had a real good chance at winning Gary Hart's campaign ended because there was a
01:07:46.560 picture of a woman in a bikini sitting on his lap. That was all it took in 1984. Now I think part of
01:07:54.020 that is that we didn't have social media. Part of that is that journalism was able to sit on stories,
01:08:00.700 right. We didn't know about all of JFK's stuff. I don't know if we're in a better position today
01:08:07.020 than we were when that kind of stuff was disqualifying because today nothing's
01:08:12.980 disqualifying. I mean, there's just, there's just nothing that's disqualifying anymore. The idea seems
01:08:18.540 to be if that's my guy and he's going to get done what I want to get done, you know, I don't care if
01:08:23.480 his son was sitting on the board of Burisma and did X, Y's right. Right. I mean, it just doesn't
01:08:28.040 matter anymore. And that does worry me a little bit as a society, because I'm old enough to
01:08:33.320 remember when it wasn't quite like this. I like that point. I mean, I feel the same. Like I am
01:08:39.680 saying, I don't want to marry Donald Trump. Not that that's an option, but I'm just saying I don't
01:08:43.700 want to marry Donald Trump, but I would much rather be able to vote for a president whose character I
01:08:47.660 admired, you know, who, who I didn't think cheated on his wife repeatedly. And especially after she just
01:08:52.360 gave birth to their baby. But even as I say that, I don't know what their deal is. I don't know what
01:08:59.520 Bill and Hillary's weird marriage is about either. I don't, all I know is like, if I could have a
01:09:06.120 strong leader who I respected and admired and who I could show off to my children, I would love it.
01:09:11.080 I told the audience when I was in LA, I got to go see privately the movie Reagan, which is coming
01:09:20.000 out in August. Run, don't walk to the nearest theater. It's so good. I was very powerful. I was
01:09:30.080 glued to my chair. It's whatever you're thinking. It's too little. It's amazing. And, you know, sure,
01:09:38.260 they're not like making a movie of all of Reagan's downsides, but they do hit a couple of them. Like
01:09:44.680 they, they call a couple of things to, to, to note and you just leave having such deep respect for him
01:09:50.400 and loving country and being a little fond for like how we kind of, he loved his wife. I'm sure now
01:09:57.080 there's going to be some stories about it. So like, this is what I wrestle with Dave, because is it that
01:10:01.340 Reagan was genuinely better husband to somebody like Nancy? And we liked that and genuinely better man
01:10:06.560 who'd been raised right in a Christian family that taught him good ideals. Or is it that the press
01:10:11.760 didn't pick apart his life the way they do to our modern day politicians? I don't know, Dave,
01:10:18.960 what do you think? I think it's probably both. I keep getting you. No, I'll throw to Stu, but yeah,
01:10:23.260 I would say it's both. Yeah. I mean, I, I think with Reagan, honestly, I do think he was just a better
01:10:29.540 person than a lot of these people today. I mean, I just, I have to say it. I think he, I mean,
01:10:33.280 this is a guy who wound up writing an entire book of his love letters that he wrote a love letter
01:10:36.720 every day to his wife. I mean, he was, I think a really unique and special person. We're not always
01:10:41.600 going to hit that standard. And I think people get a little sensitive when it comes to talking
01:10:46.060 about the 2024 election. This is a separate point from the 2024 election. You look at the candidates
01:10:50.600 we have, you mentioned the problems with Biden. Trump famously has had all sorts of these issues
01:10:56.460 in relationships throughout the years and don't even start looking at the RFK junior life, his
01:11:02.620 womanizing that he's admitted to. I mean, he might have the, the worst record on this front of all of
01:11:08.060 the candidates. This might not be a 2024 election issue, but it is a sane thing to think about that
01:11:15.140 maybe in 2028, we can all look forward and maybe find someone who can do a good job on the border
01:11:20.800 and isn't constantly cheating on their wives. That's not an insane standard. There are 330
01:11:26.700 million people in this country. We should be able to find a person who can check off those two boxes.
01:11:32.060 Yeah, that'd be nice. Or, or a serial cheater in the case of at least Bill Clinton, you know,
01:11:36.440 it's like, my God, we took a deep dive into his troubles. Who knows? I've got to, speaking of Hillary
01:11:41.520 Clinton, bring you some, some election news. Okay. I'm going to get to her in one second, but first let's
01:11:46.420 pick up where Dave Marcus started the discussion at the top of the show. This Politico argument,
01:11:52.420 article, Dems in full blown freak out over Biden. That's the headline. A pervasive sense of fear
01:11:59.720 has settled in at the highest levels of the democratic party reports Politico nearly five
01:12:05.800 months from the election. Anxiety has morphed into palpable trepidation. According to more than a dozen
01:12:12.500 party leaders and operatives, the gap between what Democrats will say on TV or in print and what
01:12:18.200 they'll text to their friends has only grown as worries have surged about Biden's prospects.
01:12:23.200 A couple of examples, one democratic operative in close touch with the white house said,
01:12:28.500 Oh my God, Mitt Romney might, Oh, this isn't, Oh my God, Mitt Romney might become president. It's,
01:12:35.700 Oh my God, the democracy might end. One advisor to major democratic party donors,
01:12:40.640 donors ask me on an hourly basis. What I think said the activists calling it so much easier
01:12:45.160 to just show them. So while they read it, I can pour a drink. The list of why we could win is so
01:12:50.080 small. I don't even need to keep the list on my phone. Pete G and Greco, a longtime democratic
01:12:55.620 strategist who's worked on multiple campaigns, including presidential. If the frame of this race
01:13:01.040 is what was better, the 3.5 years under Biden or the four years under Trump, we lose that every day
01:13:06.920 of the week and twice on Sundays. Um, and there's more than there's a Siena poll, uh, on New York
01:13:14.300 state, you guys, New York, Dave, that's our state. Um, Biden's weaker numbers show as follows.
01:13:22.860 Biden's leading Trump in New York by only nine points, nine points. Four years ago, Biden won New
01:13:31.140 York by 23 points. Biden's underwater with every single demographic delineated in the poll, except
01:13:40.460 black voters, 53% of Latinos, 54% of whites. This is in New York reported having an unfavorable
01:13:49.600 opinion of Joe Biden. That's amazing. That's like, I mean, if that's it, but in Biden's running ads in
01:13:58.600 New York, which we'll get to in a second, but he's the, the Democrat president is running ads in New
01:14:04.060 York state, Dave. Yeah, listen, I, I, I don't think that it's a coincidence that we're seeing this
01:14:11.300 political article days after that Bronx rally, or, or even days after walking into the libertarian
01:14:17.680 conference and walking into the lion's den, getting booed, giving it back. You know, you had the,
01:14:21.960 the, the massive rally in, in Wildwood. Um, Trump is tapping into something that is very basic to
01:14:29.600 American political DNA, which is that you are expected to go into the places where people don't
01:14:35.140 like you, right? Bill Clinton had to give the sister soldier speech. We all remember Chris Christie on the
01:14:40.700 boardwalk screaming at people about the teachers unions, right? This is part of American political
01:14:45.360 culture. And Donald Trump is now, this has not really been part of his shtick before he's now
01:14:52.940 leaning into that in a really effective way. So number one, Americans like it because it's what we
01:14:58.340 expect from a West wing episode with Jeb Bartlett. But number two, like everything else, it's just
01:15:03.420 another example of something that Joe Biden plainly can't do, right? Joe Biden plainly can't walk into a
01:15:10.220 room like that libertarian room or walk into a deep red part of the country and pull off with
01:15:15.160 Donald Trump is pulling off. That's not going to change. Uh, and so I understand why, you know,
01:15:20.960 the, the, the panic had already been at 10. I understand why it's at 11 today.
01:15:25.800 Speaking of that libertarian convention, they invited everyone. Joe Biden said, no,
01:15:31.220 Trump said, yes. RFKJ said, yes. They wound up nominating some lunatic who thinks we should have
01:15:37.100 more drag queen story hours. So great job libertarians. And, uh, Trump having walked into that
01:15:43.600 lion debt, lion's den got a little ornery when they started booing him, but it was actually
01:15:48.480 kind of funny. Here's a clip. Stop five. I will be a true friend to libertarians in the White House.
01:15:59.120 That's nice. That's nice.
01:16:02.380 Only if you want to win. Only if you want to win. Maybe you don't want to win. Maybe you don't want
01:16:13.180 to win. No, only do that. If you want to win. If you want to lose, don't do that.
01:16:18.020 Keep getting you 3% every four years.
01:16:28.580 We should point out, by the way,
01:16:29.760 That's what people love about Trump. He's getting booed and he made a joke. It was funny.
01:16:33.220 It's funny. He handled it well. I mean, like, look, and by the way, the libertarian high water
01:16:37.140 mark is 3%. We should point out they don't typically get 3%. I think they got that in 2016,
01:16:42.560 which is pretty much a high water mark. But they cost the Republicans Georgia in the Senate.
01:16:47.900 In 2020. Yeah, 2020. And this is the guy, by the way, the guy they nominated was the guy who was
01:16:53.220 running in that 2020 race as a libertarian. He's a nutcase. He thinks we should have more drag queen
01:16:57.220 story hours. He doesn't see any problem with it whatsoever. Yeah, that was a fascinating interview.
01:17:01.980 I saw part of that. I mean, it seems like a seems like, you know, the libertarians are an
01:17:06.080 interesting group. I think they have a lot. There's a lot I like about libertarians.
01:17:09.960 Oh, we have him. Sorry. Wait, wait. Here, I'll show you. Here he is.
01:17:12.460 His name is Chase Oliver. It's not six. Good job, MK show team.
01:17:17.400 Why do you think that the drag queens want to read to children?
01:17:21.120 Because I think that they are performance artists and they want to be able to have
01:17:25.600 different levels of performance art. It's the same reason as why do the Wiggles sing to
01:17:29.660 children? Because they want to have a marketplace to kids.
01:17:32.760 Chase, Chase. They want to be able to, they want to be able to.
01:17:34.960 The Wiggles is made for children. It's, it's obviously family friendly material.
01:17:40.960 Drag queens are not what you call family friendly kind of entertainment.
01:17:45.900 But a man in a dress is what drag is, right? I mean, let's just be real. A man in a dress
01:17:52.000 or a woman in a suit is what drag is. That is not inherently sexual.
01:17:56.560 Oh my Lord. Good job to Austin Peterson on rumble for asking him that question. So they're just like
01:18:01.780 these guys. Okay. Those lunatics who want to show up their fake boobs to my three and four year old
01:18:07.220 kids and yours. They're just like the Wiggles here. Watch.
01:18:11.000 Greg, now I'm walking down the street. We want to cross the road. What do we do, Greg? What do we do?
01:18:16.960 Same exact thing.
01:18:17.660 Stop with the lights. Look both ways. Look both ways again.
01:18:22.720 Oh yeah.
01:18:23.920 Wait for the traffic to come to a stop. Then cross the road.
01:18:29.160 That's good clean entertainment right there. That's, I don't know, that, that is not same.
01:18:33.220 So glad my son's 14 now. It's a good song. Anyway, we've taken a, we've diverged,
01:18:39.300 but that's the libertarian candidate. Trump goes in there. The point is he will go into the lion's
01:18:44.380 den and he'll go where he's loved and where he's not loved, including places like the Bronx to try
01:18:48.920 to get votes. And that is why Joe Biden is running ads in New York. Now, what ads is he running?
01:18:56.860 They're incredibly dishonest and we're going to take a break and come back to that. But before we go,
01:19:00.360 before we do that, I've got to get it in this one thing. Hold on team. I've got to get in the fact
01:19:05.440 that Hillary Clinton just weighed in publicly again on why she lost. And just in case you were
01:19:12.000 thinking it was because she didn't go to Wisconsin, you are wrong. It is you women of America. It is
01:19:19.000 your fault. She now sits down for an interview and decides that the reason she didn't win is
01:19:25.480 American females that they didn't like that. She wasn't perfect. She, uh, this is, uh, okay.
01:19:34.880 With an interview with the New York times, she saw her defeat as inextricable from her gender.
01:19:41.280 But once James Comey did that to me, obviously a reference to him announcing the problems with
01:19:46.660 emails, the people, the voters who left me were women. They left me because they just couldn't take
01:19:53.160 a risk on me because as a woman, I'm supposed to be perfect. They were willing to take a risk on
01:20:00.140 Trump who had a long list of let's call them flaws to illustrate his imperfection because he was a man
01:20:07.420 and they could envision a man as president and commander in chief. And she has a warning now for
01:20:15.220 those bitches. Her warning is authoritarians, whether they be political or religious based,
01:20:22.720 always go after women. It's just written in history. And that's what will happen in this country
01:20:29.620 too. If you reelect him, the daily mail has a running tally of those she has blamed for her 2016 loss.
01:20:37.660 It is 44 people and topics long. Um, we put together our own stop montage just for a little,
01:20:46.720 just a little walk down memory lane and the many things that she has blamed for the fact that as
01:20:51.640 my kids would say, she's a loser. Here it is. I take absolute personal responsibility. I was the
01:20:58.000 candidate until the combination of Jim Comey's letter on October 28th and Russian WikiLeaks
01:21:05.420 raised doubts in the minds of people who were inclined to vote for me, but got scared off.
01:21:12.480 I inherit nothing from the democratic party. I mean, it was bankrupt. Its data was
01:21:20.180 mediocre to poor. So Trump becomes the nominee and he is basically handed this tried and true
01:21:28.480 effective foundation. No, we have an electoral college problem. Like take the Benghazi tragedy.
01:21:34.540 But boy, it was turned into a political football. There was certainly, we know, a plan from Putin and
01:21:43.200 the level and the highest levels of the Kremlin to influence our election. You had Citizens United
01:21:48.420 come to its full fruition. So I also think I was the victim of a very broad assumption. I was going to win.
01:21:56.980 Were you a victim of misogyny? Yes, I do think it played a role.
01:22:01.980 Yes, that too. That kitchen sink over there too, by the way, that hurt me. What do you think, Stu?
01:22:07.500 Oh, it's fascinating. I love the new one, the new remix that just came out of the,
01:22:13.940 I'm a woman, so I'm expected to be perfect, which was the exact same thing Fannie Willis said. Remember
01:22:20.740 after she got caught in her affair, she went in front of the black church and said the exact same
01:22:25.240 thing, which I don't know if this is a new thing. We are not expecting you to be perfect. What we are
01:22:29.900 expecting Hillary is you not to be the worst candidate that has ever run for president. That is basically the
01:22:35.020 standard you needed to hit in that election and you were unable to achieve it.
01:22:38.320 She was the goat of that. Speaking of goat and gloat, she was the goat of that.
01:22:42.000 The goat of worst candidate? Yeah. Don't you think?
01:22:44.760 Joe's the goat. Joe's catching up. I don't know. Yeah, he's giving her a run,
01:22:50.180 but I don't know. I just think she was just so unlikable. And I love that she wants to blame
01:22:54.140 her own sex now for it. It's like, okay. So no one told you not to go to the Midwest.
01:22:59.420 Everyone's blaming white women for everything, like conservatives, liberals. I mean,
01:23:03.820 white women can't catch a break, man. Yeah. We're to blame. It's the fault of the Karens.
01:23:08.420 She's blaming the Karens. Yeah. Well, guess what, Hillary? It's going to happen again. And you're
01:23:14.100 not even on the ticket this time. All right, quick break. And then I'm going to show you this ad
01:23:18.180 that Biden ran on Trump in New York. And we have a little fact check for you. It's unbelievably
01:23:23.520 dishonest. Standby.
01:23:24.740 I'm Megan Kelly, host of the Megan Kelly show on Sirius XM. It's your home for open,
01:23:31.220 honest, and provocative conversations with the most interesting and important political,
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01:24:21.500 Offer details apply.
01:24:28.420 As we talked about, Politico is out this morning with an article about Democrats freaking out about
01:24:33.680 President Biden's election prospects. One interesting point was made by Manhattan borough
01:24:39.040 President Mark Levine. He's one of the ones having a meltdown. He told Politico, quote,
01:24:44.160 New York Democrats need to wake up. The number of people in New York, including people of color
01:24:48.780 that I come across who are saying positive things about Trump, is alarming. Well, as we covered last
01:24:55.160 week, former President Trump went to the Bronx, we just discussed it here too, to hold a campaign
01:24:59.960 rally. He's the first Republican presidential candidate to do that since Ronald Reagan in 1980.
01:25:05.640 Before that rally, the Biden campaign, clearly seeing some of the numbers we're discussing,
01:25:10.620 released an ad trying to paint Mr. Trump as a racist who hates black and brown people. Watch.
01:25:19.140 Of course I hate these people. Donald Trump disrespecting black folk is nothing new. He
01:25:24.080 was sued for refusing to rent his apartments to black families and call for the execution of five
01:25:28.660 innocent black and brown teenagers. And it's more than anger, it's hatred. It's why Trump stood with
01:25:33.480 violent white supremacists, warned of a bloodbath if he loses the next election, and if he's president
01:25:38.420 again, vowed to be a dictator who wants revenge on his enemies. Now, who do you think that is?
01:25:44.400 Of course I hate these people.
01:25:46.200 Wow. That's incredibly dishonest and misleading. Remember when President Biden tried to paint
01:25:52.480 himself as the only one who could unite the nation? All we heard was unity, unity, unity. Well,
01:25:58.080 it's a lie. We decided to fact check this ad. As you heard at the beginning and end of the ad,
01:26:02.880 Mr. Trump states, of course I hate these people. What? He hates black and brown people? That's a
01:26:07.860 headline. How could that not have been used against him prior to now? Because it's not true.
01:26:13.160 The ad goes on to say that it's an example of Donald Trump disrespecting black folk,
01:26:18.280 which is, quote, nothing new. That line is from a 1989 interview on CNN with the late Larry King.
01:26:26.080 Was Trump just this raging, lunatic racist that Larry King was putting on with impunity over there on
01:26:32.520 CNN? No. Mr. Trump was on to talk about that, an ad that he had placed in several New York City
01:26:40.360 newspapers with the headline, bring back the death penalty, bring back our police. The ad ran 12 days
01:26:47.840 after the infamous Central Park gang rape, when a white woman out for a jog in Manhattan Central Park
01:26:55.040 was raped over and over again by multiple people and left for dead. She lost almost all of the blood
01:27:02.960 in her body. Days later, five black and brown teenagers were arrested in connection with that
01:27:08.980 rape and assault. In the interview, Donald Trump told Larry King the ads that he was placing were
01:27:14.640 not prejudging the teens, but rather advocating for the death penalty if they were found guilty.
01:27:19.420 Trump's 1989 ad that he placed in the paper does not mention the then suspects,
01:27:24.620 only the horrific rape that had made international headlines at the time. It was so gruesome and awful.
01:27:31.100 Trump's ad was mainly about crime overall in the city and the need to do something about it.
01:27:35.360 Here's the full clip of Trump saying, of course, I hate these people.
01:27:40.420 They said, of course, I hate these people. And let's all hate these people because maybe hate is what
01:27:45.660 we need if we're going to get something done. I mean, it's incredible when a reporter asks me
01:27:50.600 whether or not I have compassion for the people that did this crime. I have absolutely no compassion.
01:27:57.420 Right. No compassion for the people who did this crime. So he's not talking about
01:28:01.360 all black and brown people as President Biden's cynical ad would like you to believe.
01:28:06.860 The ad also talks about Mr. Trump being sued for refusing to rent his apartments to black families.
01:28:11.580 That's a reference back to the 1970s. And yes, it's a lawsuit from 50 years ago.
01:28:17.040 In 1973, the DOJ filed a civil rights case against the Trump firm. Donald Trump and his father
01:28:23.320 eventually entered into a consent decree to settle the litigation in 75. That agreement contained no
01:28:30.600 admission of guilt, but it required the Trumps to institute a series of safeguards to make sure
01:28:34.740 apartments were rented without regard to race, color, religion, sex or national origin.
01:28:38.220 And Mr. Trump, never one to back down, went on to write in his 1987 book,
01:28:43.180 what we didn't do was rent to welfare cases, white or black. The Biden campaign ad also accuses Mr.
01:28:50.240 Trump of saying there will be a bloodbath if he loses the next election. That's a reference,
01:28:58.360 of course, to a speech Donald Trump gave in March and even major media outlets who are not friendly
01:29:02.880 to Trump admitted he was talking about a bloodbath in the auto industry. If he loses, watch.
01:29:11.040 If you're listening, President Xi, and you and I are friends, but he understands the way I deal.
01:29:16.400 Those big monster car manufacturing plants that you're building in Mexico right now,
01:29:22.600 and you think you're going to get that, you're going to not hire Americans and you're going to sell
01:29:27.360 the cars to us. Now, we're going to put a 100 percent tariff on every single car that comes across
01:29:33.380 the line and you're not going to be able to sell those cars. If I get elected now, if I don't get
01:29:38.940 elected, it's going to be a bloodbath for the whole. That's going to be the least of it. It's going
01:29:43.680 to be a bloodbath for the country. So not a bloodbath against black and brown voters,
01:29:49.600 as President Biden is suggesting. In the past, we've debunked the Trump wants to be a dictator
01:29:55.260 scare tactic also used in the ad. We'll just skip that. You guys have seen that. It's a nonsense
01:29:59.660 charge and it's been fact checked by many. So this is a completely dishonest piece of propaganda
01:30:05.540 that the former president is using. And people should know it's a lie. The whole thing's a lie.
01:30:11.240 Guys, this is so, I mean, just when you don't think you can be even more grossed out by modern
01:30:18.280 American politics, someone finds a way. I mean, this is just so gross and divisive and it shows
01:30:22.800 his panic, Dave, about what's happening in particular with black male voters.
01:30:28.280 Yeah, it's a disgusting ad, but I mean, the most important aspect of it is the first thing that
01:30:33.360 you said that this ad is running in New York, that they are spending millions of dollars in
01:30:38.140 the most expensive media market in the country for a state that they're not supposed to be able to
01:30:43.560 lose, you know, whatsoever. I'll tell you, I remember June, maybe July of 2022. And I started
01:30:52.400 going to my editors and I said, Hey, can I give you something on Lee Zeldin? Because I'm hearing
01:30:57.400 stuff. And they said, Dave, come on, he's losing by 40. There's no story here. Stop it. And I knew he
01:31:04.060 was losing by 40, but I was hearing stuff in the bodegas and the bagel shops, like stuff I hadn't
01:31:07.860 really heard before. Two months later, he starts creeping up. He ended up losing by four. Now,
01:31:13.840 look, COVID had a lot to do with that because Cuomo obviously was a disaster. Hochul was a disaster on
01:31:18.600 COVID. So there were other things. The two places where Republicans did really well in 2022 were
01:31:24.260 Florida and New York, right? They picked up five seats in New York. So that poll that you cited that
01:31:30.660 has Trump down by only nine, the fact that they're already spending money in the empire state tells me
01:31:37.080 that Joe Biden's nervous about it. And I don't live there anymore. But from what I remember from
01:31:43.040 quite recently, I think he has reason to. I mean, Stu, if you look at Trump's ad,
01:31:50.180 bring back the death penalty, bring back our police, and it's in the tiniest type ever. So forgive me,
01:31:54.460 I'm going to have to read it. But I mean, everything that's in here, this would go over well with your
01:31:58.920 average voter. He asked, what has happened to our city over the past 10 years? What has happened to law
01:32:03.140 and order to the neighborhood cop? We all trusted to safeguard our homes and families. The cop
01:32:07.060 who had the power under the law to help in times of danger keep us safe from those who would prey on
01:32:11.980 innocent lives to fulfill some distorted inner need. What has happened to the respect for authority?
01:32:19.060 What has happened is the complete breakdown of life as we knew it. And he goes on to talk about
01:32:25.380 roving bands of wild criminals in our neighborhoods, dispensing their own vicious brand of twisted
01:32:32.480 hatred on whomever they encounter. At what point did we cross the line from fine and the fine and
01:32:37.780 noble pursuit of genuine civil liberties to the reckless and dangerously permissive atmosphere,
01:32:42.760 which allows criminals of every age to beat and rape a helpless woman and then laugh at her
01:32:47.700 family's anguish? And why do they laugh? They laugh because they know that soon, very soon,
01:32:51.540 they will be returned to the streets to rape and maim and kill once again, and yet face no great
01:32:55.980 personal risk to themselves. I mean, it sounds an awful lot like a country I can look around and see
01:32:59.520 right now. Yeah, I mean, if anything, that stuff. Now, the crime levels are lower than those days
01:33:06.260 right now. But the punishment, I mean, the way we're, you know, actually, you know, the prosecutors
01:33:12.600 in all these areas and major cities are the way they're prosecuting crime right now is they're
01:33:17.720 letting everybody off unless your last name happens to be Trump, and then you get the full trial.
01:33:22.940 It's fascinating. I mean, I think even thinking back to that ad, I mean, I've heard of that ad over
01:33:27.180 the years, of course. And even I had forgotten that he didn't actually name the Central Park five in
01:33:33.040 the in the ad because that was the accusation was that he kind of came out and just said, oh,
01:33:36.820 they're guilty. Kill them right now before the trial, which is not what he said. But he didn't
01:33:40.920 name them in the ad. And even if he did, it would be a bad mistake, but a 45 year old mistake and not
01:33:49.000 necessarily one that should decide a 2024 election. All this stuff adds up to what you're talking about
01:33:55.220 here. You know, when you're running ads in New York and you're rolling out people like Robert
01:33:58.580 De Niro for press conferences, these are not the actions of a campaign that believes it's ahead.
01:34:05.000 These are the actions. Let me add to that. Let me add to that, too, because now they're not only did
01:34:09.160 the Biden campaign dispatch people to Trump's trial, but they say that if and when Trump is convicted,
01:34:14.680 Biden's going to make a statement from the White House. He's going to do it from the White House to
01:34:18.840 act like he's above it all. This is colossally stupid. Did he do that on October 7th?
01:34:24.640 I don't think he made a statement from the White House on October 7th. I could be wrong. He didn't.
01:34:29.300 He did. No, he didn't. But but the Trump trial.
01:34:32.980 Yeah. Then we have to see him in full commander in chief regalia while he's got his emissaries at
01:34:38.220 the actual courthouse just spewing nonsense. But this is like I don't want to see my Oval Office
01:34:43.020 used for this. I didn't want to see my DOJ used for this either. But this is you know, this is the
01:34:48.120 race we've got. I do think it'll be a huge mistake, Dave, if he actually does this from the White House.
01:34:52.640 But I mean, he's got to do it now. Right. It's probably a huge mistake for him to debate,
01:34:58.160 but he's got to do it now like this. They're stuck. Right. Unless they're not. And unless
01:35:04.420 there's some switcheroo at the convention or or whatever it is. But this is bad. It's getting
01:35:10.580 really ugly. I don't I don't understand how they can make the claim that this trial was not political
01:35:16.840 anymore, given these two press conferences. And it's an enormous thing to admit, because
01:35:22.040 all they've got is Trump is a threat to democracy. And right now it's a 50 50 country on that question.
01:35:28.860 And it's a 70 30 question on immigration. It's like pot meat kettle on that charge these days,
01:35:35.000 too. I'll give you the last word. I mean, honestly, if you're a Democrat,
01:35:37.860 you better hope they get a conviction here, because if he if they if they don't get that,
01:35:41.320 I think you could see a real sort of rubber band effect of people thinking we were going to get 91
01:35:45.700 charges and now we're going to get none before this election. I think it could actually be a
01:35:49.680 pretty significant factor in changing the polls in Trump's favor. And I wonder if he gets convicted,
01:35:54.540 whether it would change the polls in his favor, too. Like nothing they do is working, which is why
01:35:59.080 they are in the full fledged panic. Stu and Dave, you always bring peace, prosperity to the program.
01:36:05.180 Thank you for that. No panic at all. Great to see you both. Thank you, Megan. Tomorrow we'll stay on
01:36:09.300 closing arguments with our Kelly's Court all stars, Arthur Idala and Mark Iglarsh. Martha is back.
01:36:18.720 Thanks for listening to The Megan Kelly Show. No BS, no agenda and no fear.