Biden's Lies Exposed as He Pardons Hunter, and Media Smears of Pete Hegseth, with Charles C.W. Cooke, Rich Lowry, and Marcia Clark | Ep. 954
Episode Stats
Length
1 hour and 50 minutes
Words per Minute
180.85257
Summary
Joe Biden pardoned his own son, Hunter Biden, on Thursday, a pardon that shocked the left even though they knew it was coming. Will it change anything? And what does it mean for the rest of the Biden crime family?
Transcript
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We like to walk that fine line between techno-thriller
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Live on Sirius XM Channel 111 every weekday at New East.
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Welcome to The Megyn Kelly Show and happy Monday.
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and went to warmer climates where, you know, it's okay.
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So it's constantly like a battle to avoid the sun
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And, you know, just a couple days off was nice too.
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Late yesterday, President Biden did something he
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and his media allies have promised over and over
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This, everyone knew he was going to pardon Hunter.
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What he was like, I know I'm not going to pardon him.
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But the left is like, oh, that half of them are like,
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and then the other half are like, oh, he's a good father.
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this whole problem with the Biden crime family,
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And really kind of, I hope yet another wake up call
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just before Hunter Biden joined the board of Burisma,
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And Hunter had no expertise in energy whatsoever.
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Now, why would you have to go back to all that stuff?
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He wants to make sure that all of those alleged crimes,
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does it change what President Trump is likely to do
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Because that's what the left is really worried about.
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runaway inflation, and reckless government spending.
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You might barely be able to keep food on the table.
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and to put more cash in your pocket every month.
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Before you even consider making another payment,
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Speak with one of their debt relief strategists for free.
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Everyone who consumes media that is not far left
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So some lies that politicians tell are irritating
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This is irritating because it was so blatantly obvious, right?
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And the honorable thing to do would have been said,
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or I'm not going to address hypotheticals or whatever.
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And I am satisfied that I'm not going to do anything.
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I said, I said, I'd abide by the jury decision.
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I mean, infuriating, acting like a bunch of stuff
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that really changes his whole perspective on everything.
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People are almost never brought to trial on felony charges
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As if this is really all just about the gun, right?
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But there's a reason he was only tried at that trial
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He goes on to say that those who were late paying their taxes
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but then paid them back subsequently with interest and penalties
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It is clear the hunter was treated differently.
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The backdrop to this, of course, is that prior to becoming vice president,
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Joe Biden's main contribution to the canon of American law
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was to increase the penalties for gun crimes and drug crimes,
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and often to increase the penalties where those two things intersected.
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He spent years, decades, railing against people who had addiction
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There's a speech he gave in the Senate where he says it doesn't matter.
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That's not what's important, whether people are addicted or not.
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So the history here is interesting in and of itself.
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NBC News published a piece, a reported piece this afternoon,
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in which it suggests that Joe Biden had decided in June
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that he was going to say that he would not pardon his son,
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But it wasn't just that he lied about it and then changed his mind.
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The plan was to lie about it and then change his mind.
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And then he has the temerity in the statement that you just quoted from
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throughout my entire career, I've had one principle to which I have hewed,
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and that's to tell the American people the truth.
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So he says that in the statement in which he is announcing a pardon
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that he had said for six months, having planned to do so,
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The whole thing is such a great example of corruption.
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And what makes it more annoying than most of Biden's annoying habits
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is that this has been used over and over and over again
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to demonstrate Biden's supposed moral superiority,
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his integrity, his honesty, his willingness to stick to the rules,
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why one has to vote for him or his vice president,
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who understands the rule of law, respects the rule of law,
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And of course, it just turns out that it was an election year ploy
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which is this bizarre super pardon that covers activity for 10 years,
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You know, the thing about this, as you say, multi-layered here,
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but one of the things about this that really gets me
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is he's trying to make a victor out of hunting.
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if you guys lied and said that your payments on strippers
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You know, it was just poor Hunter who had to deal with that.
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My own sister got swept up into the opioid crisis.
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And truly, it was truly not through fault of her own.
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And they gave her this drug and specifically told her,
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like we saw in Dope Sick with respect to Oxycontin,
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And my poor sister's life got completely blown up
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found herself in the throes of the criminal law.
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But she, it remained a mark on her record forever.
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You cannot get a damn job because it's on there.
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And no one gives a damn that you were addicted.
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No one cares about that backstory I just gave to you.
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10% for the big guy and Tony Bobulinski and others.
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I go on this New York radio show, Sid Rosenberg.
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just slow walk this and do nothing about it, right?
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And then when there was public pressure about it
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who were responsible for the plea deal going away
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or the plea deal was straight up at the beginning,
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And most fathers, yeah, they would do this, right?
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Which is why one of the reasons we knew it was a lie.
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and the Biden lobbying and influence peddling business,
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The gun charge is penny ante compared to that stuff.
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I'm just now realizing the saying is petty ante.
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because if you ante only a penny, it's nothing.
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especially the part I just read about serious addictions.
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who had to actually live up to the consequences
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You should auction off your unexpurgated show notes
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Here is the part that Rich was referring to, Charles,
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just to fill out what this statement by Biden says,
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only after several of my political opponents in Congress
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instigated them to attack me and oppose my election.
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with a number of my political opponents in Congress
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of Hunter's cases can reach any other conclusion
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Like the miscast of what actually happened here,
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which is something that the Bidens of the world
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that he's kind of a, he's a risk, not a security
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risk, but he's a leap, you know, to assume that
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on her that we need to alert the audience to, or
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part of what makes me uncomfortable is, and I've,
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I told my audience this last week, the audience
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constitutional role, in advising and consenting
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not a risk. We've all done that. Somebody who has a
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hope it is, would be a problem. So I would like
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are going to make an ad to it as they see fit. They
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have the FBI as well, which by that point, I assume
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will be in transition mode. We should look into
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vet your nominees. The way that you just put it, I
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think skepticism is warranted. And I think that the
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analytical matter, step aside from what I personally
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right. I do think that the risk here is that when
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you combine that sort of baggage, even if we assume
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that only one quarter of it is true, with the fact that
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Hegseth is already a controversial pick, purely
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because he is so young, inexperienced, is outside of the
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system, which is also in my view, one of the advantages of
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the pick. It may make it more difficult for him to get
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through. I have to say, Megan, that Charlie has
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demonstrated his suitability for any cabinet office
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because he proved on the election night podcast that he
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can drink an inordinate amount of alcohol and still
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It was impressive. Unlike yours truly, who just last
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week I had one martini on the show and people were
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calling me a cheap date because I could even get the ads
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out. I still think Pete will get it. I still have my
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money on him. I think the rank and file matters to
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Trump, what they think. And I don't think any of those
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guys are really going to be looking at Pete saying, oh, he
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You know, I mean, he served a couple of combat tours, you
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know, in Iraq and Afghanistan. He was like very honorable. You
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go back, listen to that New York Times podcast on Pete
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Hegseth and you will be cheering for him about how he, when
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he knew there was danger, volunteered to be the first in
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the room. He, when there was somebody in his unit who did the
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wrong thing with the opposing side, was the first to say it
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isn't right. That person needs to be held to account. And it
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wasn't until he'd been in the services for a long time
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actively fighting these battles where he got a little
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jaded about who was leading the troops and like what the
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mission had been about and why he and his buddies had gone
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over there and why so many of his friends had died. And I
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think so many of our servicemen have had that same
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evolution and would forgive Pete being publicly drunk and
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dealing with the adjustment back to civilian life and then
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back to Fox news and city life in New York and then
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straining his life out, finding, you know, leaning into
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Christianity, finding a third wife. Yes. But whom by all
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accounts, you know, he now is happy with and who is happy
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with him. Um, I don't know. We'll see, but I think he'll be
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the first, first major cabinet, uh, official with, with a
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tattoo since maybe George Schultz secretary of state. Really?
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Who supposedly had a, he was a Princeton guy and supposedly had a
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tiger tattoo on his rear end. This was, this was never
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confirmed. No, no way. I didn't know this was a potential
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deal breaker for cabinet. No, I think it'd be, no, I think
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it'd be a good thing, right. For the rank and file to have,
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have a, have a two tattooed guys secretary. But you make a
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good point about how they, the rank and file is not going to
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be, uh, put, put off by the, these, uh, no, the, the fact
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that he was drinking too much. And, and even if it did rush
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the stage at a strip club, which I understand. Yeah, exactly.
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In any event, um, my mom, my mom worked her life at the
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Albany veterans hospital. So she spent her life taking care of
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veterans. Maybe she could be considered if the sec, if the, if
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the veterans affairs secretary thing falls, so she could be
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considered, but she does, I'll disclose right now, have a
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tattoo. She got it when she turned 70. It's of a rosary and
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it's on her foot. Wow. Dirty laundry. How many people get
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tattoos at age 70? That's an uncontroversial tattoo. I don't
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think that would hurt her prospects in the Senate if she
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showed her rosary tattoos. I don't know. It seems kind of a
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Christian nationalist tattoo. It might upset, if Dianne
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Feinstein was still with us, maybe she would be very upset
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by your mom's living the dogma loudly, but otherwise I think
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it would help. Living the dogma. That's right. Okay. How
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about Kash Patel, Charles? Because the left are not fans. He, I
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mean, you, it'd be hard pressed to find somebody more loyal to
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Donald Trump than Kash Patel, who really had a major hand in
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seeing through the Russia, Russia, Russia lies and calling
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them out and calling out the personalities who push the lies. Um,
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and he does have relevant experience to become head of the
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FBI, but the left is pushing the claim by Bill Barr when
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Trump allegedly proposed him at the end of his first term
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saying over my dead body, I think it was over my dead body. Would
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I allow Kash Patel to take over the FBI? And he was the head of
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the DOJ at the time. So what do you make of Kash Patel as FBI
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director? All right. Let me preface this. I am not a burn it
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down guy. I'm a conservative in a non burn it down sense, a
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literal conservative, a small C conservative, I suppose. I don't
01:10:39.460
want to burn things down. I think we need a lot of reform in
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Washington, but by and large, burning things down is a bad
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idea. You don't know why the fence is standing and so on and so
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forth. Second preface point. I have criticized a lot of Donald
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Trump's nominees, some of whom I hope go down. Uh, Matt Gaetz,
01:10:57.420
who won't be the nominee anymore. RFK Jr ought to be voted
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down. I think probably Tulsi Gabbard, although I don't know
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enough about it. And definitely the Department of Labor nominee,
01:11:07.920
who is a disaster on policy. Um, I don't have a problem with
01:11:13.200
this nomination. You know why? Because I think we need to
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abolish the FBI. I've done three podcasts on this with Andy
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McCarthy, and I've slowly convinced him more each time I've
01:11:21.120
written a piece abolished the FBI about this. I think from its
01:11:25.120
founding, it has been a big problem. It doesn't fit
01:11:27.420
properly into our constitutional system of government. And I
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think culturally, it is probably irredeemable. That is not to
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say every FBI agent is bad news, far from it. But it is just a
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disaster. And I can't think of an organization that needs a
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wrecking ball, if that's what Kashmir turns out to be more than
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that one. The encomia to the FBI that I have heard over the last
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two days, coupled with the pretense that it's some
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independent organization that exists in the ether that is not
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responsible to the executive branch, a grotesque. Well, that
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professionalism, the lifelong bureaucrats in the FBI weren't
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like this. Good. I mean, you started off with J. Edgar Hoover. And the
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most recent disaster was James Comey. This is not an institution that
01:12:22.260
is fit for purpose. This is to extend or perhaps torture my
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Chesterton's fence analogy with which I started. This is a fence that
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is covered in spikes and mold and is half fallen down. And nobody
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knows what to do with it. And all the kids are trying to avoid it
01:12:38.460
because they're worried of getting sick. It's a disaster. I'm fine with
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Kashpatel. Put him in there. Let him do what he wants.
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This is the soundbite that must have reeled him in, Rich. Sot 11, Kashpatel
01:12:51.320
And the biggest problem the FBI has had has come out of its Intel
01:12:54.300
shops. I'd break that component out of it. I'd shut down the FBI Hoover
01:12:57.700
building on day one and reopening the next day as a museum of the
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deep state. And I'd take the 7,000 employees that work in that
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building and send them across America to chase down criminals. Go be
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cops. Your cops. Go be cops. Go chase down murderers and
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and drug dealers and violent offenders. What do you need 7,000
01:13:14.120
people there for? Same thing with DOJ. What are all these people
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doing here? Looking for the next government promotion. Looking for
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their next fancy government title. Looking for their parachute out of
01:13:22.240
government. So while you're bringing in the right people, you also
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That's when Charlie's heart started to go a little flutter.
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I don't get how that building is still named after
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J. Edgar Hoover, who in many ways is a symbol of FBI
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abuses rather than someone to be held up. I mean, if you just take the
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wiretapping of Martin Luther King alone and then the suicide package they
01:13:51.920
sent to Martin Luther King showing everything they knew about his Tom
01:13:56.220
catting around in the hopes that he killed himself. It's just it's
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unbelievable that that that building still named Hoover. So my point would
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just be and and this goes to a number of these these cabinet picks the lion
01:14:09.300
sheriff whom I think are are great and I wholly endorse is that even if you're
01:14:14.860
going to wreck the place, even if you want a wrecking ball, the the wrecker to
01:14:18.960
to adopt that term has to really know what he's doing and really be an effective
01:14:24.280
manager and be politically shrewd. And you're not going to wreck the FBI without
01:14:28.000
getting congressional buy in. And Donald Trump did run his campaign against these
01:14:33.120
institutions, but not with any specific vision to what he was going to do. If he
01:14:38.060
just made reform the FBI in a radical way, that would be like a top five
01:14:43.040
accomplishment and his second term. But what is it? Obviously, cash has some ideas
01:14:47.440
there, but I tend to think they'll get confirmed because I think anyone who
01:14:52.040
doesn't is not totally crazy the way I fear our RFK might be or doesn't have, you
01:14:57.940
know, ethical problems the way Matt Gaetz did and the way, you know, some of the
01:15:03.380
reporting portrays Pete Hegseth is going to get through. Sorry, I always mess it
01:15:09.380
up. I hear that on the editors. That's right. That's why. Yeah, that's why I tend
01:15:13.240
to say Pete. So I tend to I tend to think he'll get through. It's just with him and
01:15:19.240
even Pam Bondi, you know, has a lot of law enforcement experience, right? Her resume
01:15:24.140
is pretty good, but doesn't have a lot of federal experience. They're going to be
01:15:27.400
resisted at every turn. And do they really do they know what they're doing enough to
01:15:32.000
defeat those people that that would be my concern. But do we have time to disagree
01:15:36.920
with Rich? Yeah, go for it. But I think that that is exactly correct with the vast
01:15:42.340
majority of the bureaucracies in D.C. I certainly think it's true of the Department
01:15:47.140
of Justice. I think it's probably true of the Department of Education. And if we
01:15:51.620
wanted to go through labor, energy, commerce, transportation, they have so many
01:15:57.460
moving parts. And there's a certain policy expertise that is necessary for a reformer.
01:16:03.380
I'm just not sure that one needs more insight into the FBI than we heard Kash Patel give in
01:16:12.340
that clip. To me, those are the three problems. One is the intelligence gathering part of it.
01:16:19.260
I think I'm right in saying Andy McCarthy agrees with me on that. I don't want to put words in
01:16:24.420
his mouth. Another is that it just does not spend enough time, as Patel puts it, being cops and
01:16:31.220
enforcing federal law in a really obvious way. And the third is that by having all of those people
01:16:36.440
in that building rather than spreading them out, you are creating this bureaucratic climate culture
01:16:41.560
that leads to people wanting to get into politics and their propinquity to Washington, D.C. and its
01:16:48.060
institutions makes us a problem even more so. So I think that's enough. You know, when I listen to
01:16:56.540
the vast majority of the people who want to smash things up talk, I think you'll fail for exactly the
01:17:01.540
reasons that Rich outlines. It really does matter to have knowledge if you're a reformer. But with that
01:17:08.020
one, he's running essentially a very large police station. And I think that sending him in there would
01:17:15.580
probably be refreshing. I have a thought. Cash could do it for two years and see what he could
01:17:22.760
get done. Or maybe this is the kind of job that wears people out. Maybe he won't do the full 10
01:17:27.200
which you're supposed to get. But then I do see as a potential number two, like a backup option
01:17:32.240
if Cash wants out or if Pam Bondi decides to, you know, leave because these are very stressful jobs.
01:17:39.060
I see your governor, Charlie, Ron DeSantis, after he finishes his term as governor, as a great
01:17:45.020
person who could step into either one of those roles, who is totally on board with Trump's agenda,
01:17:52.280
especially on the FBI. I've talked to him about it myself and would know how to get it done.
01:17:57.280
I like Cash. I hope he gets through. I'm just saying that like he's somebody who's in the wings
01:18:01.340
because he's going to be term limited from running again and he could be of great help.
01:18:05.620
But that's a great example of someone who had exactly suited to some sort of task like that.
01:18:11.040
He's been in Washington, right? He was a congressman. But he's been in Florida and
01:18:14.820
run administrative agencies and brought bureaucracies to heel and use them to implement
01:18:19.960
his vision and his agenda. So you could slip him in there and whatever it is you want to do,
01:18:25.460
there's a strong chance he'd make it happen. The worry I have with some of these people who are
01:18:29.900
less experienced is they'll show up in the building and they'll never really even know
01:18:34.380
enough to know what's going on. That's my fear. And experience is not, you know, experience can
01:18:40.840
be a symptom of being overly complacent and to establishment and not creative or imaginative
01:18:47.140
enough. Yes. But it can also be hugely important to getting the job done. And people accuse me of
01:18:53.540
being, you know, a overly romantic Reaganite. But the greatest example of this at the Department of
01:18:58.700
Justice was Ed Meese, who, by the time he was working for Reagan in the California governor's
01:19:03.660
office in the mid-60s, had more experience in legal affairs than Matt Gaetz will ever have.
01:19:10.120
You know, he was a prosecutor. I think he was teaching law. He was in private practice.
01:19:14.300
And then he worked for Reagan. And what does he do? His whole task there is defeating
01:19:17.740
the left's lawfare against Reagan in his agenda, took a different form there then,
01:19:22.840
but it still existed, and bringing the bureaucracies to heel. Then he's in the White House for the first
01:19:27.340
term. What does he do? He's the White House counselor, and it's all about bringing the
01:19:31.000
democracies to heel. Then he shows up as AG, and he transforms the place, transforms the place,
01:19:38.240
historic attorney general. And he wouldn't have been able to do it without the experience. And
01:19:43.660
someone like DeSantis, the experience would be a key thing, too.
01:19:47.300
I got to ask you about this soundbite, which is driving our friends on the left crazy today.
01:19:51.380
This is Cash Patel with Steve Bannon on The War Room, Sot 35.
01:19:57.260
Cash, I know you're probably going to be head of the CIA, but do you believe that you can deliver
01:20:02.280
the goods on this in a pretty short order of the first couple of months so we can get rolling
01:20:08.320
Yes. We got the bench for it, Bannon, and you know those guys. I'm not going to go out there and say
01:20:12.060
their names right now so the radical left-wing media can terrorize them. But, excuse me, the one thing we
01:20:16.940
learned in the Trump administration the first go-around is we got to put in all America patriots
01:20:21.100
top to bottom. And we got them for law enforcement. We got them for intel collection. We got them for
01:20:26.480
offensive operations. We got them for DOD, CIA, everywhere. We will go out and find the
01:20:32.960
conspirators not just in government but in the media. Yes, we're going to come after the people
01:20:37.660
in the media who lied about American citizens, who helped Joe Biden rig presidential elections.
01:20:42.540
We're going to come after you. Whether it's criminally or civilly, we'll figure that out.
01:20:49.580
That they're going to come after people in the media who lied to help Joe Biden rig the election
01:20:55.080
in 2020, etc. I don't know what that means, Charlie. I'd love to ask him. We'll probably
01:21:00.440
have him on and I'll get the chance at some point. But I don't know what that means exactly. But
01:21:03.860
my overall thought when I heard it was you just like you can't. Like there are some things you can
01:21:10.600
do. But what would be the specific cause of action? Like you even like tough talk on Bannon's war room
01:21:17.340
is fine. It's one thing. But you actually have you cannot file a complaint that will survive one
01:21:22.980
round of motion practice unless you have a colorable legal claim, criminal or civil, or it will be thrown
01:21:28.980
out on the four corners of the document. So I need to know more before I can say whether that's
01:21:34.100
bullshit or what it is. I don't know what he's talking about.
01:21:36.220
Well, he's trying to impress Steve Bannon, which is his first mistake. He also repeated the lie
01:21:42.320
that the 2020 election was rigged or stolen, which it wasn't. The guy's a wrecking ball. I just want
01:21:48.360
to wreck the FBI. So I'm happy to put him in there. But he's talking nonsense. And it's a good thing that
01:21:54.940
he's talking nonsense. And in most circumstance, saying that sort of thing, it would be disqualifying
01:22:01.380
in and of itself, because he's effectively promising that the Trump administration will undermine the First
01:22:08.140
Amendment. I mean, there's just there's no excusing that. That is. Yeah. I mean, this is also a problem
01:22:15.100
that that that movement on the right has, Megan, which is that there are a bunch of podcasts.
01:22:23.060
That's that's one of them. The incentive structure of which is essentially a killer
01:22:30.880
for anyone who succumbs to it because they go on. They know what they're supposed to say.
01:22:36.340
They know who's listening and they push it too far. And he did it there.
01:22:41.620
This this is the most foreseeable pitfall, I think, for the for Trump coming in.
01:22:46.260
If he tries to do something like this, one, it will be an all consuming controversy to it'll be unpopular.
01:22:51.760
And three, as you point out, it'll fail. And so this is this is a totally foreseeable
01:22:56.760
blind alley that that he he desperately needs to avoid. But there are things he's he said that
01:23:02.920
suggest he's interested in doing it and things that are being said on shows like that that
01:23:06.500
suggest he should do it. And it's terrible advice. Yeah, I don't see. I mean, look,
01:23:11.320
if you can show me the cause of action against a media person, there are certain things like
01:23:14.700
defamation law you can use potentially. OK, let's see it. But short of that, there is no cause of action.
01:23:19.620
And what you can do is defund places like NPR. And you should do that. That's not the FBI's job.
01:23:25.660
But we should like Doge should be putting them at the top of the list. It's only a hundred million
01:23:29.400
dollars a year, but it's a hundred million dollars we shouldn't be spending. You guys are the best.
01:23:33.180
It's a we did it. Thank you. We got some grammar lessons and I learned a lot as always.
01:23:39.920
And I'm trying to learn how to say excess excess. Yeah, we will get little nieces out there and
01:23:47.820
explaining pronunciations. Great to see you. Thank you. All right. Coming up, our friend
01:23:55.460
Marsha Clark, famous prosecutor, is here and we're going to ask her about this Joe Biden pardon,
01:24:03.360
as well as something happened in her neck of the woods. You know, she's obviously the OJ prosecutor
01:24:09.100
of California. And there is a real question now about whether the Menendez brothers are about to
01:24:15.420
get let out of jail. The prosecutor who was interested in it lost. So what's going to happen now? That's
01:24:21.520
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01:27:07.480
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01:27:42.680
Some incredible legal news out of California recently. The Menendez brothers, who were convicted
01:27:48.640
of murdering both of their parents some 30 plus years ago, may be getting out of jail. And of course,
01:27:56.640
one of Hunter Biden's guilty verdicts he was pardoned for took place in California as well.
01:28:02.040
Who better to talk to about all of this than the one and only Marsha Clark. Marsha has a new book out
01:28:07.820
as well. It's called trial by ambush, murder, injustice, and the truth about the case of Barbara
01:28:15.060
Graham. It was just released. This thing is amazing. It's a page turner. She goes deep into the sensational
01:28:21.300
trial of Barbara Graham, who was the third woman executed at San Quentin in 1955. But she has found
01:28:28.800
a lot of facts about this case that will give you serious pause about whether this was a proper trial,
01:28:35.200
conviction, nevermind execution. Marsha, great to see you again. How are you?
01:28:42.320
I'm awesome. All right, let's do some news of the day and then we'll talk about the book,
01:28:45.460
which I really am fascinated by. Great job on this. Menendez. So there's a bunch of newfound
01:28:52.340
sympathy for them based on this, you know, docudrama that was released about them. And
01:28:58.180
Gascon, who was the outgoing DA, decided to throw a Hail Mary pass to Los Angeles voters not to vote
01:29:05.760
him out by saying, I'm going to let them out or I'm now in favor of resentencing, basically letting
01:29:10.460
them out. They're supposed to be serving life in prison, but he lost. So now there's a new DA,
01:29:15.420
Nathan. Is it Hockman? Hockman? I think it's Hockman. Hockman. Well, whatever. He's coming in.
01:29:21.880
I know what you mean. Yeah. I don't know how Nathan feels about the Menendez brothers,
01:29:26.020
but I know the judge has moved this resentencing hearing, which is basically should they get out
01:29:29.980
of jail to January 30th. So what do we think is likely to happen? It's a good guess. I mean,
01:29:37.480
it's only a guess. I don't have any inside knowledge. I should just start by saying that
01:29:40.860
I was in the office when the first trial happened, but I had nothing to do with it. We all had our
01:29:44.840
own cases. So I can't say I know more than the average person. My guess is it will. I can't make
01:29:54.220
a guess. I don't know. You know what they would do. Come on. I know. I won't hold it against you.
01:29:58.780
All right. Yeah. I don't hate predicting. I don't think they're going to get out. I don't think
01:30:04.400
this is going to happen. I don't think anybody was that impressed with Gascon's position.
01:30:09.500
As you know, he lost. Hockman actually kind of chided him for making this Hail Mary play
01:30:16.280
in the midst of the election when he was like double digits down and very suspiciously
01:30:21.540
comes up with this big, you know, big parade about, oh, the poor Menendez brothers.
01:30:26.900
I wonder if people are thinking at all about the fact that there are others in prison
01:30:31.620
serving a sentence of life without, which is what they're serving. That means life without
01:30:35.840
the possibility of parole, who are much less culpable. I have clients that are serving life
01:30:42.460
without parole right now who never killed anyone. So it does make me think, now, wait a minute.
01:30:50.600
You know, I know that their defense was, and everybody should know this. I know you know,
01:30:54.400
Megan, but just to underline it for the audience, the defense is not, oh, daddy boinked me and mommy
01:31:00.320
wouldn't stop him, so I get to kill him. It wasn't that. The defense was, you know, daddy threatened
01:31:06.240
to kill me. I believe he was going to kill me, even if you think I'm unreasonable in thinking that.
01:31:12.340
I genuinely believe it because of things he said and did toward the end. That was their defense.
01:31:18.540
It sold very well in the first trial, well enough to hang the jury pretty solidly. In the second trial,
01:31:24.520
not so much because there was much less of the defense evidence of abuse. Make of it what you
01:31:29.920
will. The second jury, and the second jury was already comprised of some people who were probably
01:31:36.120
a little pissed off that the first jury didn't convict. So I think that tells you something about
01:31:41.280
the climate even back then. And today, you know, today now you have balancing forces. You have a
01:31:48.660
greater awareness of abuse, child abuse, and the kind of trauma it inflicts. And we are, I think,
01:31:53.200
are more sensitive to that. And that's a good thing. But you have to remember that that's not
01:31:57.940
a license to kill. So, and when you think about, are they just getting this because they're
01:32:03.580
celebrities, because they were rich kids, because you had the, you know, Kim Kardashian was their,
01:32:08.340
he was their champion to some extent. Yeah. I don't know that people love that. So I think all of
01:32:14.820
that, unfortunately, is going to come into play, which it shouldn't, it should be a straight up
01:32:18.980
call for the judge in terms of balancing all of the equities. But, you know, I guess we'll see what
01:32:23.740
happens. It's so good to talk to you because I talked to your partner in crime. He's not really,
01:32:27.680
you just come on together sometimes, Mark Garagos, but I know he's a friend and you guys grew up in
01:32:31.440
the California legal system together. And of course he's representing them and is 100% on the other side
01:32:36.220
and came on and totally convinced me that they should be let out. Now I hear you talk. I'm like,
01:32:40.260
no, these are good points. Well, we'll wait and see what the judge does. But you heard it here.
01:32:45.160
Marsha Clark, one of the best says, don't, don't bet on it. And then getting out. Garagos said they'd
01:32:49.920
be home with him for, for Thanksgiving dinner. Now that didn't happen. It's not going to be Christmas
01:32:54.880
dinner. Oh boy. Now we're shooting for like Valentine's day or Easter. Okay. Let's talk about
01:33:01.000
this book. Cause this is a great idea. First of all, how did you even think to write this book?
01:33:06.240
Again, it's called trial by ambush, murder, injustice, and the truth about the case of
01:33:10.100
Barbara Graham. I never heard of Barbara Graham. Um, so how did you even think to write about her?
01:33:15.500
Good question. So I was actually thinking about writing about someone else and I had been thinking
01:33:20.080
about writing a true crime book for a long time. I've been handling appellate cases for the defense
01:33:24.480
court appointed cases for 15 years, 16 years now. And I kind of thought I handle true crime every day.
01:33:31.000
Really? I'm going to write a book. But then it kind of, I warmed to the ideas. I thought,
01:33:35.180
well, it would be nice to take a deep dive and tell the story and look back at, you know, what
01:33:40.840
they did and how they did it and why they did it. And was the verdict correct? You know, it would be
01:33:45.880
so interesting to look at it from a different point of view. And I was investigating a totally
01:33:50.500
different case. And that case I was looking at initially turned out to be just another monster
01:33:55.980
in the closet, kind of a, you know, another bizarro freakish person, a woman, but you know,
01:34:01.160
that's not enough. If I'm going to go and do a true crime story, I want it to be about something.
01:34:05.960
I want it to be about some principles and something that resonates in today's world.
01:34:10.980
And I just happened to see a footnote that mentioned Barbara Graham. I thought,
01:34:14.280
let's look, she was executed as well. Let's look and see what happened to her.
01:34:19.100
So when I first saw it, and I saw that it was kind of its own trial of the century back in 1953,
01:34:23.660
there was a book written about it, actually another book, the one I recommend,
01:34:28.620
Proof of Guilt by Kathleen Cairns, which does mention the Barbara Graham case, doesn't go into
01:34:34.260
it a lot because it's a book about the death penalty, but it didn't go into the trial.
01:34:38.180
And I thought, well, there's probably been a ton written about it. I'm not going to bother.
01:34:41.040
You know, I don't want to go on that tread ground that's already been trodden to death.
01:34:45.140
But then as I looked into it, I discovered, well, people hadn't really written about it.
01:34:49.960
There was a lot of press coverage back in the day. I mean, a ton, a ton. But the coverage was
01:34:55.100
this breathless media kind of tabloid coverage that spared no, no word in the thesaurus for the
01:35:03.160
way she looked, her hair, her makeup, her clothes. And it was ridiculous. And I thought, wait a minute,
01:35:07.660
maybe there's something here. And then I start to read all of the articles that were there and
01:35:11.700
they're short. There's a one here and one there. And then there's a book that, okay, that's it.
01:35:16.100
That probably did it for me. I won't write about it. Turns out to be a book written by one of the
01:35:20.300
tabloid reporters that was out after Barbara on the warpath from day one. And he collaborated with
01:35:25.260
the prosecutor. I thought, okay, I don't know that this is going to be so unbiased. And as I read the
01:35:30.300
book, I realized it's got a lot of stuff in there that can't be true. So I thought, okay, maybe when
01:35:34.920
I'm looking at her as you're talking and we're showing the pictures of Barbara and you, you point
01:35:39.360
this out, obviously is the main theme of the book, but you look at Barbara Graham and the first thing
01:35:42.600
you notice is she's stunningly attractive. And what I am thinking about is I've told the audience this
01:35:49.760
before, but when the Anna Nicole Smith case went up to the U S Supreme court, it was on, it was on
01:35:54.480
bankruptcy. It was on, um, uh, probate law, March. It was on probate law and whether she should get,
01:35:59.800
you know, the, the money from her dead, very elderly husband. And no one gives a damn about
01:36:05.080
probate law. I had been to the U S Supreme court covering a lot of very, very boring cases and
01:36:08.720
nobody flooded the courtroom, no media, but Anna Nicole Smith showed up that day and she looked amazing.
01:36:15.700
She lost all this weight. She had this great black outfit on. It was like, she came in
01:36:19.060
and everybody was like, and suddenly everybody want to know about probate law. And Barbara Graham
01:36:24.480
had a similar star factor, even though she wasn't a star, but she, they'd never seen the likes of
01:36:30.320
this kind of a person at a murder trial. Right. It was, especially back in the fifties,
01:36:35.660
the juxtaposition of this beautiful woman charged with this really heinous crime. And the crime is
01:36:40.660
heinous because it was a home invasion, robbery, murder of this elderly woman, totally innocent,
01:36:45.760
and was only even targeted because they believed that her son-in-law who was a big casino entrepreneur,
01:36:52.180
Tudor Scherer, um, would come and visit her from Las Vegas and leave money with her in a safe.
01:36:58.120
So they targeted her thinking that they were going to find a bonanza in her house, but they also knew
01:37:03.700
she was very security conscious. She was a vaudeville trooper who traveled the world and was not used to
01:37:08.800
having a house and she kept it locked down all the time. And they knew that there's no way she would
01:37:12.360
open the door to a man. So they needed a lure. And that was Barbara. She was petite. She was beautiful.
01:37:18.220
She knew how to say, I'm sorry, my car broke down. Can I use your phone, please? And of course,
01:37:23.340
Mabel Monaghan, the innocent victim, let her in. And then the men followed Barbara into the house.
01:37:28.900
And that was that. And so this juxtaposition of the beauty and then the two beasts that were flanking
01:37:34.640
her, which were the masterminds, the actual masterminds of this case, were thugs and mass
01:37:39.920
murderers. And none of it fit together. None of it made any sense. And I realized that, you know,
01:37:45.500
the only way to get the truth of this, because the press was not reliable, the book that I found
01:37:50.020
was not reliable. I have to get the trial transcripts. That's the only way to know the
01:37:53.540
truth about this. And that was its own journey. Hunting down, you know, a case where it was over 70
01:37:59.260
years old, wound up getting lucky with people who were willing to help and advise me the death
01:38:03.900
penalty cases. You should, I should know this having handled them. Transcripts for a death case
01:38:08.680
are never destroyed. They are kept forever. And so we went to the archives and sure enough,
01:38:14.460
it took months, but I got them all 4,000 plus pages of them. So, yeah.
01:38:20.680
But then you, you were horrified by a couple of things you found. And one that will be interesting
01:38:25.760
to the audience is you and she had similar experiences with the media and the way you
01:38:33.760
were being portrayed in the way they were portraying her. Can you explain that?
01:38:37.260
Yeah. I mean, no. And yes, yes, because it's, again, it's almost like a man bites dog situation.
01:38:44.060
When you see a woman doing something, you're not accustomed to seeing a woman do, whether it's
01:38:47.640
violent murder or being a prosecutor in a high profile case, which seems ridiculous to me,
01:38:53.980
which is why I'm laughing because there were so many female prosecutors at that time
01:38:57.600
that, that were handling high profile cases. And yet the world was not aware of that. They were
01:39:02.820
not aware that this is a pretty common thing, even in the nineties, as of the nineties, not what you
01:39:07.700
saw on the TV shows. Yes, exactly. Right. You saw law and order, you know, it's always a man,
01:39:14.140
a white man, this time it wasn't. And it was really all those crime shows, every crime show,
01:39:20.120
you know, growing up in the seventies and the eighties, it was always a male prosecutor.
01:39:23.780
Absolutely. Right. Absolutely. So that was something unusual, but if anything,
01:39:28.300
really, Megan, I've got to say reading Barbara's coverage made me feel like, boy,
01:39:33.580
and people thought I had it bad. Uh, not, that was nothing compared to what Barbara was put through.
01:39:38.080
And it was, it was wildly inaccurate as well. I mean, in my case it was too,
01:39:41.620
but I remember specifically seeing a picture of her, um, when her ex-husband walked in the courtroom
01:39:47.880
and it was, it was expected that he was going to back her alibi. Um, and then it was expected that
01:39:54.600
he would, he might not. So he, she, he came into the courtroom. It was a bombshell and she was
01:39:59.560
looking over her shoulder. They described it in the press, her malevolent glare, her eyes,
01:40:04.840
two pools of gleaming, vicious hatred. She was looking over her shoulder. That's all she was doing.
01:40:11.240
There was absolutely nothing about her expression that said anything like that.
01:40:15.840
She was set up to fail very clearly by a media that was selling a bunch of copy based on these
01:40:21.900
descriptions of her. And, but the most, this isn't just Marsha Clark, who's sympathetic,
01:40:27.540
empathetic to a female victim or not a victim, but in a way she was a victim. Uh, this is,
01:40:32.940
you actually found real testimonials. Well, one in particular, a letter by the key,
01:40:39.940
one of the key perpetrators that did not match up with his trial testimony at all and it wasn't
01:40:49.320
turned over to the defense. It's exculpatory evidence, not turned over to the defense.
01:40:54.680
Okay. Wait, you got to hear more on this again. It's called trial by ambush, murder, injustice,
01:41:00.680
and the truth about the case of Barbara Graham out now on Amazon and other booksellers.
01:41:04.420
The good thing about this book is it's not everywhere. It's not being pushed everywhere.
01:41:09.240
So if you have a family member who's into true crime, knows Marsha, maybe is a fan,
01:41:14.160
watch the OJ trial, whatever. This is a great gift. Cause people won't see it coming. You know,
01:41:18.260
they'll be like, Oh, this is, and I'm telling you, this is a riveting story. Like who's ever heard of
01:41:23.600
this woman. She meets a very dark ending, which is, you know, we've kind of shown you, uh, but how she
01:41:29.020
got there and Marsha's deconstruction of the case is a page turner. So Marsha, tell us about this
01:41:34.600
testimony that you found. So this was amazing. When the case was first being investigated,
01:41:40.880
they wound up having to arrest Barbara and Jack Santos and Emmett Perkins before they really could
01:41:48.040
make a case against them because no one was talking and without someone, they had no physical evidence.
01:41:52.720
They had no eyewitness. They had no outside person. Someone on the inside had to break. Eventually they
01:41:58.060
wound up breaking John True, who was a member of this team that went in to the home invasion robbery
01:42:03.640
and committed this heinous crime. John True had no record. He was a deep sea diver, but he was no
01:42:10.180
cherry and they found him and they sweated him for, I think almost three days in jail and eventually
01:42:17.540
even brought in some friends to try and beat him down and talk to them. You've got to give us a
01:42:21.540
statement because they can't make a case without him. And they did. Ultimately he said, I will not talk
01:42:26.700
unless you give me full immunity for all charges. I walk out the door and even got the DA himself to
01:42:31.880
get on the phone to promise it. And the DA did. They then went up, they flew up to take his statement
01:42:37.720
with a stenographer. This is an official statement, 42 pages long, where they questioned him about the
01:42:43.140
crime. He gives a halting version of it where they have to pry it out of him, like with flyers,
01:42:48.520
but they get it. He makes a statement and that statement should have been turned over to the
01:42:54.180
defense immediately. That is one of those things that just, even back then, even in the 50s, you must
01:42:59.360
turn over the statement of a key witness who is also an accomplice, for God's sake. You couldn't get
01:43:05.120
more important than that. They never did. They hid it. They pretended it was just a, hi, how are you,
01:43:11.880
meet and greet kind of thing. And you know that they never turned it over because the defense talked about
01:43:16.240
it in their closing argument. You know, I don't know what they said. I don't know why they said it, but
01:43:21.160
you know, we're not going to, uh, we don't have to worry about that because there was nothing to it.
01:43:26.800
And the, and the prosecution went along with that and deliberately hid that statement. And it was key
01:43:31.740
because that accomplice's credibility was everything to the case, everything. If you can't make the jury
01:43:37.240
believe him, you have absolutely nothing. So it was a real, uh, horrible thing, even though there were
01:43:44.880
some respect, in some respects it was consistent, but in many it was inconsistent. It was enough,
01:43:48.500
I think for a jury to say, I'm not sure I believe this guy. They hid that, but that's not all they
01:43:53.880
did. I mean, there were all kinds of shenanigans, some of which were legal back then, but they were
01:43:58.960
pushing the envelope. And, and I think that was part of my, my, my issue with this, which is a shocker
01:44:05.460
to me. I went into this thinking very excited because the lead prosecutor was an icon in the DA's
01:44:10.440
office. Somebody I revered. We all did. We all did. It was a joke in the DA's office. Oh, if we lost a
01:44:16.220
case, Oh, Jay Miller leave, he could have won it. Oh, you know, he would have won it. He was an
01:44:20.660
amazing, he, he tried Carol Chessman, uh, the red light bandit, um, rapist, uh, all these famous
01:44:27.480
cases. And so he was the lead prosecutor in this case. And I was expecting, anticipating the excitement
01:44:34.380
of watching our, the icon in action. And what I found was a cheap shot artist. What I found was
01:44:40.740
somebody who pushed the envelope in ways that was even a federal judge said was unseemly and
01:44:46.260
horrifyingly, um, personal in his attack misogynistic. Yeah. I guess you could call it that too, but it was
01:44:53.880
much worse than just that. He went after her in a personal way that unfairly maligned her. And I
01:44:59.840
prosecutors, you know, have a duty that goes above and beyond the client. I, but defense attorney owes
01:45:05.020
only his client, a prosecutor owes a fair trial and owes, owes it to the jury to present a case in a
01:45:10.700
fair way, in an even handed way. That is the gig. And so you have to be careful of stepping over the
01:45:17.600
line. It's one thing that you can say, well, I can, but just because you can, doesn't mean you
01:45:23.240
should. And you have to always think about what's right and what's fair. And I don't think they were
01:45:28.100
thinking about that at all. In this case, she was double crossed by a couple of people during the
01:45:35.160
course of the trial, including a jailhouse informant. Um, this guy, John true was, you know,
01:45:40.880
treated like his word was inviolate without knowing that he had said a very different story that would
01:45:45.700
have been much more helpful to her had her defense lawyer known of it. And in the end, she was convicted
01:45:52.580
of murdering this poor woman. Um, meanwhile, you don't deny that she took place. It took part in
01:45:59.860
the crime that she was the person to get her to open the door, but that she, there was absolutely
01:46:04.740
no reason to believe that she could have beat, beaten her to death. I mean, basically that's what
01:46:09.860
happened. And she was this petite, tiny little woman. And you point out that she was accused of
01:46:14.420
pistol whipping her, but even the main witness said she had left the gun in the car. So it does seem
01:46:20.060
like they were frothing at the mouth to get this beautiful woman. It was just too good a story,
01:46:27.360
no matter how not credible the main witness was. So then it, it takes an even darker turn.
01:46:35.120
She gets sentenced to death. I mean, it's like one thing to get the verdict wrong. It's bad enough to
01:46:40.280
be, you know, to get that wrong, but then she gets sentenced to death and they, they put her in the gas
01:46:47.640
chamber so much. So like, so horrifying that they made a movie out of this. You point this out
01:46:53.600
called I want to live. And, uh, this is from 1958. It featured actress, actress, Susan Hayward
01:47:01.540
playing Barbara and here viewer warning. It's disturbing. It's the execution scene.
01:47:06.900
Uh, but here's a bit of that. Barbara, I'm very sorry. Goodbye. And God bless you.
01:47:22.400
I don't want to look at people. I don't want to see them staring at me.
01:47:29.460
When you hear the pellets drop, count 10, take a deep breath. It's easier that way.
01:47:59.460
It's crazy. It's pretty bold to have a film like that in 1958.
01:48:03.300
You know, what's interesting about it, Megan, people who saw the film back then and even now,
01:48:09.260
um, are aware that it was a thing. The, the film was largely fiction. They really whitewashed
01:48:15.700
Barbara to an extent that was a little absurd. She was not an angel, but she certainly wasn't a demon.
01:48:21.800
She was a misdemeanor kind of check hider, you know, dice girl. She was never violent in her life.
01:48:28.040
But the one thing about that film that was acknowledged by all sides, including police to
01:48:33.000
be absolutely accurate was that execution scene. They did it down to the letter. And in the book,
01:48:39.220
I actually, um, liberally quote from the testimony of the nurse who spent the night with her before
01:48:45.120
she was executed and talked about everything that happened up to the execution. And the reason that
01:48:50.840
we got into that is even after her death, the prosecutors still were going after her to try
01:48:55.860
and claim that she had done a last minute confession, which wasn't true. So there was
01:49:01.020
no end. They, I mean, they chased her into the gas chamber and then continued to go after her. It was
01:49:06.860
pretty horrifying. It was like the, they had to have a notch in the belt. It went beyond seeking
01:49:12.420
justice. That's, that's something else. So she didn't, there was no last minute confession,
01:49:19.000
but there was a very interesting statement to one of the priests who was with her. And for that,
01:49:25.940
you will have to read Marsha's book and you will be glad you did. It's called trial by ambush,
01:49:31.740
murder, injustice, and the truth about the case of Barbara Graham. Marsha, great to see you. I guess
01:49:37.360
before you go, party words, do you support the sweeping pardon of Hunter Biden?
01:49:43.160
What? He said he wasn't going to do that. Didn't he say he wasn't going to pardon him?
01:49:48.740
What? He did. I have nothing. I have nothing. You know, I mean, do we need this really? Do we need
01:49:55.440
this? I mean, now there's been so much criticism of Trump's pardons for so many, for others. You know,
01:50:01.380
how can we say that either side is blameless now? Who do we look at? I don't get it. And after you said
01:50:07.240
you wouldn't, I, yeah, no, I don't think he should. That's what needs to happen. You need to run for
01:50:15.040
governor and set things right in California. And then maybe after that, you can take on the national
01:50:20.980
problem many years from now. We'd love to see it. You know how short my campaign would be, Megan?
01:50:27.260
Five seconds. Five seconds. Yeah, I hate it. That's it. Okay. Great to see you. Thank you for
01:50:36.940
being here. Thanks for having me. Don't forget. Check it out. Trial by Ambush by Marsha Clark.
01:50:43.160
Thanks to all of you for listening. Coming up tomorrow, the guys from the fifth column return.
01:50:49.140
Thanks for listening to the Megan Kelly show. No BS, no agenda, and no fear.