Dems Politicizing and Undermining Institutions, and Cameras in Kohberger Courtroom, with Mark Levin, Marcia Clark, and Mark Geragos | Ep. 632
Episode Stats
Length
1 hour and 36 minutes
Words per Minute
176.96707
Summary
Mark Levin's new book, The Democrat Party Hates America, is out now, and it's the number one book in America on Amazon. Mark Levin joins me on The Megyn Kelly Show to discuss his new book and why he thinks the Democratic Party hates America.
Transcript
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Welcome to The Megyn Kelly Show, your home for open, honest, and provocative conversations.
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Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show. I am so excited, so excited
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about today's program. It is a packed show with our all-star Kelly's Court panel and just a bit
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on Russell Brand, on Alec Murdaugh, on Brian Kohlberger, all new developments in all of those
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and more. But we begin with someone I have long admired. I've never interviewed him. I mean,
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like in all the time that we've been in the same circles, I've never interviewed him,
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like an in-depth interview. And he's here. I kind of thought like it might not happen,
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but we didn't even promote it because it's like it was too good to be true and maybe couldn't do it
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in the end. He's here. Mark Levin, the great one, a legend in the media, host of Fox News'
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Life, Liberty, and Levin, and a best-selling author. He's got a new book out right now.
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It's called The Democrat Party Hates America. And it's out this week. It is currently numero uno,
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Mark, so great to have you here. Congrats on the book and welcome.
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First of all, it's a great honor. I better not screw this up now with an introduction like that.
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But I really want to thank you. You know, I've admired you for a very, very long time.
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I've never understood why we never talked to each other, but it doesn't matter. Here we are today.
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Oh, it's truly an honor. It's like I there are certain people and it's a very small list who I
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consider appointment viewing. And it's like whenever I see you, I stop. Whenever I see Mark
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Levin clip, I stop. Whenever Mark Levin has a book, I read. It's just there is such a small
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collection of people who are truly brilliant and honest and honest. That's you're honest to a fault
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and you're not just some partisan hack. You you chart your own way. You've been there. You were in
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the Reagan administration, chief of staff for the attorney general at the time, expert on the
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Supreme Court. So I want all of our listeners. I'm sure they already know that. But pay attention.
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You're going to learn something over the next hour. So the new book, I love I love the title.
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The Democrat Party Hates America, which he's never afraid of putting too fine a point on it
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and has has done the same for us here. Give us the overall thesis of the book.
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The overall thesis of the book is if you look around the country, whether it's the border,
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whether it's classrooms, whether it's the economy, whether it's law and order in our cities,
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all these things are going wrong. It's not because of nature. It's not because it has to be this way.
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It's because of the Democrat Party. They run the cities. They're in charge of the border.
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The unions and the Democrat Party are attached at the hip. They're destroying our schools
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with their propaganda and so forth. And I decided, you know, I write these books about Marxism and
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Americanism and so forth. But we have a real problem in this country right now. And I think
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it's time to take it to the entity, what I call the Monopoly Party, the Democrat Party that's doing
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this to the country. And then I decided to do a deep dive into their history. They have a very horrific,
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bloodlust, racist, anti-Semitic history, unlike the Republican Party. And I am not always a fan
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of the Republican Party. As a matter of fact, I think the Republican Party is anemic.
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I think that people tend to vote Republican because they don't want to vote Democrat
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and that the Republicans don't really have a positive agenda for the country. And that's part
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of the problem when they fight with each other the way they are. But that said,
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they also don't want to fundamentally transform America. Biden says he does. Sanders says he does.
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The two Obamas say they do. Hillary Clinton says so. So what do they mean by that? So I felt like I
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needed to explain exactly what they meant by that. A lot of us don't want to fundamentally transform
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the greatest country on the face of the earth. Of course, the nation's imperfect. Human beings are
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imperfect. But it's one thing to be imperfect. And it's another thing to be systematically racist,
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bigoted, anti-Semitic, anti-American. And that's the problem we have with the Democratic Party.
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It's an autocratic party like autocratic parties all over the world. It doesn't want to lose
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elections. So it tries to change the election system with H.R. 1 to eliminate the electoral
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college. So half the country has no representation to try and pack the courts. And this is constant
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to get rid of the filibuster. All these things are traditional. They're custom.
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They're constitutional to prevent exactly what the Democrat Party is doing. The Democrat Party
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wants to replace the country. That is, as all these autocratic parties do. So you give allegiance
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to the party, not to the country. And so you have to destroy our history. You need to rewrite it. You
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need to push these outrageous, stupid books and essays on Americanism. You need to destroy the
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framers and the founders of the declaration and the constitution and on and on and on. So that's
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what the book does. It's a deep dive on that. One of the things that jumped out on me was the
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openness of the Obamas in stating that they wanted to do over on the United States of America. And I
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remember living this, you know, when they were running, when he was running, she as his wife,
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they both made these comments over and over. And just a couple of weeks ago, I said, I don't believe
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Michelle Obama loves this country. And I trended on Twitter for three days because of that. Well,
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I don't believe that. I do not believe she loves America. And if you look back at her history,
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it's pretty easy to conclude that, which is why this piece of the book jumped out at me.
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And we went and found the soundbites in part that you cite. Here's just a flavor of one of the jumping
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off points for Mark. We are five days away from fundamentally transforming the United States of
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America. We're going to have to change our conversation. We're going to have to change
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our traditions, our history. We're going to have to move into a different place as a nation.
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It's all there. I mean, they laid out exactly how they feel. They don't want the America that
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exists. They want something totally different. And what does she mean, change our history?
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It can't change your history. History is a fact. And yet in every totalitarian regime,
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that's what they do. They rewrite their history. And it's amazing thing about the Democrat party,
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slavery, segregation, the Klan, lynching, these horrible, horrible things. The country didn't do
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this. The Democrat party did this in the areas of the country that the Democrat party controlled.
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And so when they talk about our history, they're really talking about their history. And somehow
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they've managed to accomplish the greatest con in American history, that is to project their history
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onto the Republican party, because the Republicans are too stupid to know their own history and the
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history of the Democrat party. And they're too gutless to stand up for themselves. And that's
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just the beginning. I mean, Woodrow Wilson, they loved Woodrow Wilson because he was the first two-term
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Democrat since Andrew Jackson. He was one of the earliest intellectuals for the so-called
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progressive era, which I call the beginning of the American Marxist era. And Woodrow Wilson
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was an out-of-the-closet racist segregationist. He bragged that when he was president of Princeton,
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not one black kid was admitted into Princeton. He resegregated the military. He resegregated the
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federal civil service, such as it was, after two Republican presidents desegregated them.
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And for the first time, when you applied for a job in the federal bureaucracy, you needed to provide
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a photo. That way they knew if you were black, and then they knew you weren't going to get a job.
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And I can go on and on about Wilson, but I spend time getting into Franklin Roosevelt because he's
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the great Democrat icon. He is the one that they lionized. He is the one who they consider the
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greatest president in American history. Bernie Sanders talks him up. AOC talks him up. All
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Democrats talk him up. Why? If you look into Franklin Roosevelt's history, and I do a tremendous amount of
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research for these books, you will find that Franklin Roosevelt was a racist. He never lifted a finger
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for the black community. In fact, in 1940, as I've been saying, there was a bipartisan bill put on his
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desk, a federal law to outlaw lynching all across the country, and he wouldn't sign it. He wouldn't sign
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it because he was running for an unprecedented third term, and he wanted to win the South. Jesse Owens,
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the Berlin Olympics, famously, 1936. He was the star. And so FDR invites all the Olympians who are white. He excludes
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Jesse Owens. And Jesse Owens, in his own biography, he's asked, well, did Hitler snub you? He said, I never
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met Hitler. He didn't snub me. Franklin Roosevelt snubbed me. He didn't even acknowledge that I'd been at the
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Olympics. Joe Lewis, the great boxer, he voted for Wendell Wilkie against Franklin Roosevelt because Roosevelt
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didn't sign that anti-lynching bill. I can go on and on with Roosevelt. I mean, for instance, the Federal Housing
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Authority, the FHA, a lot of people watching have benefited from that program in the New Deal. But when it was passed as
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really the first big New Deal project, the purpose of the FHA is to subsidize mortgages, to help protect mortgages so people
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don't lose their homes and they can buy homes. This was considered a great feat. I even saw a liberal
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on cable TV say this is one of the examples of the great civil rights leader that Franklin Roosevelt
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was. But there's a problem with that. No loans were to be given to any black communities or any
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communities that are outside black communities because they thought they were a bad investment.
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And so what did the New Deal, the Roosevelt guys do? They took out big red pens and they would put
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circles around the black communities. That's where you get redlining from. Redlining comes from the New
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Deal. And so when it came to... Lyndon Johnson too. Lyndon Johnson. I mean, there's another guy who was a
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racist to the day he died. He didn't have any kind of epiphany. And these are what his biographers say
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who like him. Lyndon Johnson voted against every single civil rights act that ever appeared in the U.S.
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Senate and he participated in every filibuster to kill anyone that did except in 1957 when Dwight
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Eisenhower wanted to push forward a very aggressive civil rights bill in 1957. And Lyndon Johnson meets
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with Ike and he says, I'm going to kill your bill. And Ike was furious. But three months or so later,
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he said, I can't get this through because this guy is the Democrat leader in the Senate. He'll filibuster.
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So he says to Johnson, OK, this is a start. We'll do this. And then Johnson goes back to his segregationist
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friends and they were his friends. And he says, don't filibuster this thing because it has no teeth. Now, why did
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Johnson do that? Because all of a sudden he was some kind of civil rights leader? Obviously not. He did it because he was
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playing both sides against the middle. He decided he wanted to run for president. And so he wanted to be
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able to say that he helped shepherd through the 1957 act. And of course, most people don't know that
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he took the teeth out of that act. You've got audio in the Oval Office back then. You've got all kinds of
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eyewitness testimony and people writing books. The endless use of the N-word when he nominated
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Thurgood Marshall, the first black to be nominated and then serve on the Supreme Court. He made an
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outrageous statement. He said, I want to be remembered for putting the best N-word on the
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Supreme Court. And I want them to remember that he was my N-word. This guy, 64 Civil Rights Act,
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65 Civil Rights Act. These were all Republican notions, Republican ideas that have been pushed in
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the past. And it's just awful. I mean, he and by the way, Robert Kennedy, they were tapping the hell out of
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Martin Luther King's phone. Lyndon Johnson, I wrote about this in another book, he even tapped Hubert
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Humphrey's phone. His own vice president is running in the Democrat primaries for president because he wanted
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to know where he stood on Vietnam, his own vice president. At the Democrat convention in Atlantic City,
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Martin Luther King's phone was tapped. All the civil rights leaders who were there, their phones
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were tapped. He had Hoover send in FBI agents to spy on some of these people to see what they were
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doing. This is why, Megan, to be perfectly honest with you, I look at this stuff about Trump and
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documents. And I say to myself, what the hell is going on here? Franklin Roosevelt used the IRS against
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every one of his leading political opponents against newspaper publishers, Annenberg, against
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Timothy Mellon, the former Secretary of the Treasury under Coolidge. For 10 years, he chased him.
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And even Morgenthau, who was his Secretary of the Treasury, said, he's clean. We don't have anything on
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him. And even a judge who finally, I think he had to pay some de minimis amount in fines after 10
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years, said, why are you pursuing this guy? And he used the FBI. Lyndon Johnson used the IRS. He used
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the FBI. And he used the CIA. I just point these things out. You have Biden today, who's Mr.
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Censorship? We haven't had censorship like this since Woodrow Wilson and the Civil War going on
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in this country today. Anyway, I'm being long winded. That's that's sort of what the book's about.
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Yeah. I would love to talk about the Trump indictments. I listened to you religiously on
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this. I'm I don't know if I can say I'm as outraged as Mark Levin about these, but I'm in
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your neighborhood. They're absurd. And we were covering the hearing on Capitol Hill yesterday with Merrick
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Garland, where it was obviously just one long exercise in obfuscation. And I don't know. I don't
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you know, I don't talk to him. I'm I'm hands off when it comes to this investigation. You know,
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you'll that's a question for Mr. Weiss. That's a question. And we all know when David Weiss gets
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before the Congress, he's not going to answer these questions either. And what's clear is they
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slow rolled the whole investigation against Hunter and until the statute of limitations expired on the
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most serious crimes. And now they're left with just crumbs, which who knows if they're going to pursue
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or they're not the gun charge. All right, whatever the tax charges. We'll see. But the meat of the
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case is already gone. This while they've been incredibly aggressive against not just the former
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president, but obviously the leading candidate for the Republican nomination against Joe Biden,
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their boss right now. So give us your take on how things are developing when it comes to the criminal
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prosecutions against Trump versus Hunter. You know, I don't actually on the politics side,
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you won't find me going on Fox or anywhere else saying I support this guy. And no, I look at this
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as a former chief of staff to an attorney general, Ed Meese. If somebody had come to Ed Meese and said,
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we're going to get a criminal warrant against Jimmy Carter. We've gone to him two, three times.
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He won't give us our documents. And we're going to send a SWAT team down there when he's not home.
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And we're going to go into his home and we're going to search his bedroom. We're going to search his
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wife's drawers. We're going to go into the closet. This was really a general warrant, to be perfectly
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honest with you. But we're going to do it. You know what Ed Meese would have said? Get your ass the
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hell out of my office. What are you, nuts? And he would have said that primarily because do you know
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what this is going to do to the country? Now, look, you're a lawyer. I'm a lawyer. Other lawyers out
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there, they could have pursued this civilly. They could have gone to a court. They could have gotten an
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order for Trump to turn over the documents. If he didn't turn over the documents, the court could
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hold him in contempt and you follow that civil trail. But they didn't want to. Even though there
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were some FBI agents who apparently were appalled at this whole track they were following, well,
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they were basically squelched by senior leadership. One of the guys who's a senior leader is in the
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national security side. He's this little guy who's very aggressive. In my view, he's got issues,
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but that's the way it is. And he even has a lawyer for another defendant in this case who's filed a
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complaint with the judge saying that basically extorted him. He said, if you can get your client
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to flip against Trump, then you may have a better shot at a federal judgeship in Washington, D.C.
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That still hasn't been resolved. And he's still in court in Florida arguing case. I've never seen
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anything like this in my life. But just let me tell you a secret. I don't care what these former
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presidents say. They've all taken documents home. You don't even have to keep them.
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If you take a document home and you don't deal with it properly, that is technically a violation
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of the Espionage Act. But here's the problem. The Espionage Act was passed in 1970.
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It was passed by Woodrow Wilson and the Democrats to go after his political opponents who opposed
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World War I. There are very broad sections in that act. It was used against W.E.B. Du Bois,
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as a matter of fact. And it was used against others who were planning on running against
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Wilson for president. That's the law they're using. But what they didn't have back down there was the
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Presidential Records Act, which was passed in the 1970s and was implemented during the Reagan
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administration. And under the Presidential Records Act, no longer can a president take documents and
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keep them personally. In other words, you can buy, for instance, signed documents by presidents,
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official documents. I've had many of them. I had the first appointment of a Supreme Court justice
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signed by John Jay, who received it as the chief justice. George Washington, who made the
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nomination. I donated it to Hillsdale College. You can't, as a president, do that anymore. You can't
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take those documents with you and keep them. That statute actually protects Donald Trump. It's the
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Presidential Records Act. And why does it protect Donald Trump? Because it trumps, in my view, the
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Espionage Act. A president, it was never intended for a president to be charged under the Espionage
00:20:27.060
Act of the United States any more than it was Hillary Clinton. But Hillary Clinton didn't have
00:20:32.240
the Presidential Records Act. She was not protected under the Presidential Records Act. And yet they didn't
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bring charges against her. And they bring these charges against Trump. And they do these things that
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no administration before this would ever do. And so you have the potential, put aside all the rest
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of the cases, that Donald Trump would spend the rest of his life in prison over documents. They have
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no evidence that he sold any information, that he gave any information to the enemy. They're doing the
00:21:01.740
usual, well, he told somebody not to talk about the boxes and the usual obstruction stuff and so
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forth. You're trying to set up a guy who's a candidate for president of the United States. This is what I
00:21:12.200
object to. Because if you can weaponize the Department of Justice this way, the power of the federal
00:21:19.220
government, the power of the central government knows no limits. That's why Garland was playing
00:21:25.700
rope-a-dope all day. He can't defend this. And he's not going to defend it. They just do it.
00:21:33.380
Can you talk to, speak to the consequences of the deteriorating faith we have in the rule of law,
00:21:42.960
in the Department of Justice, in the FBI? You know, there was a time when we used to believe
00:21:47.100
in these organizations and it was important that we believed in them. But now between what they're
00:21:51.300
doing to Trump versus Hunter, what they've done to, you know, parents, domestic terrorists,
00:21:56.180
you know, the lopsided way that this DOJ goes after cases, not to mention what we had under Eric
00:22:00.880
Holder, you know, you can feel it going down the drain.
00:22:05.680
The Biden, either he or his people, they appointed the most radical senior leadership
00:22:11.960
at that department in American history. They're all Obama clones. They all worked for Obama in
00:22:18.080
one form or the other. The deputy attorney general is truly a radical left-wing political
00:22:24.240
bomb thrower. She's running the place. Everybody knows her name is Monaco, Lisa Monaco.
00:22:31.480
And she's all over it. The head of the civil rights division said so many racist things
00:22:36.540
when she was not, obviously, at the Department of Justice. And yet she muscles through on her
00:22:42.820
confirmation. She's the one going after 70-year-old pro-lifers and throwing them in prison
00:22:47.900
for daring to protest in front of abortion clinics. And they're using the FACE Act in a very,
00:22:54.440
very broad way to round up these people and imprison them. It's truly sick. You look at the
00:23:01.800
criminal division, the guy heading the criminal division is an Obamaite. The public integrity
00:23:06.500
section, which is under the criminal division, is run by him. The antitrust and civil divisions,
00:23:14.280
I know these like the back of my hand. They're using them to go after these corporations and businesses
00:23:20.460
and shake them down. You look at the criminal divisions going after Elon Musk now. That is the
00:23:25.960
Southern District in New York. The U.S. attorney's offices coordinate with Maine Justice on major
00:23:32.020
cases involving major public figures. And in every instance, again, I know this from my own duties
00:23:37.520
there, the Attorney General of the United States is informed when there is a major public figure,
00:23:42.520
a major corporation involved in a criminal investigation, or is going to be involved in
00:23:46.980
criminal investigation. And he gets to, from a distance, oversee these things. They're actually
00:23:52.160
going after Elon Musk now. They wouldn't go after Elon Musk if he wasn't at least sounding somewhat
00:23:57.880
libertarian or conservative and didn't condemn what had taken place with Twitter and the censorship
00:24:04.540
with the Biden regime. They're literally going after him saying that he personally benefited because
00:24:09.740
he's building some glass house and it was supposed to be for SpaceX or Tesla, but he benefited
00:24:15.300
personally from it. I mean, who has ever seen anything like this? And isn't it amazing?
00:24:21.840
Buffett's never done anything wrong. Gates has never done anything wrong. Soros, God forbid.
00:24:28.480
Clinton Foundation. My God, there ought to be 5,000 charges against them.
00:24:33.320
But to answer your question, when your department acts like the old Stasi of East Germany,
00:24:40.140
they're not going to get respect. They are destroying law and order in this country.
00:24:45.780
And I'll take it one step further, Megan. These judges in Washington, D.C.,
00:24:52.480
10 out of 14 of which, I believe it was, no, 8 out of 12 of which were appointed by either
00:25:00.460
Obama or Biden. And these are radicals, Chutkin and so forth.
00:25:05.200
They are destroying even more the respect for law and order because you expect the courts
00:25:12.120
to be the referees. The things they say and the things they have done
00:25:17.280
are unbelievable, whether it's to Donald Trump, whether it's to protesters January 6th. I said
00:25:23.460
protesters, not rioters, protesters who are on the grounds of the department or the grounds of
00:25:30.280
the Capitol looking up at what's going on, happen to be standing there. All of them are getting
00:25:34.940
charged. All of them are being round up from all over the country. And you have the judge,
00:25:39.720
Judge Chutkin, who's a radical leftist, comes out of the public defender's office,
00:25:44.100
the federal office in Washington, D.C., throwing the book at anybody who shows up in her courtroom
00:25:51.000
beyond what even this Department of Justice is proposing.
00:25:53.820
And the things that she has said during sentencing hearings are so outrageous that there's no way
00:26:02.320
that this would have passed just, what, five, 10 years ago. So that's why people are disgusted with
00:26:09.780
Do you just get your back of the envelope take on how these four cases are likely to shake out?
00:26:16.200
You know, I feel like they're ultimately going to be decided by judges, not juries,
00:26:21.480
because they raise legal issues that an honest judge should be able to dispose of relatively
00:26:25.660
easily. And then they'll probably go against Trump. Three out of four. And maybe the judge
00:26:30.440
down in Florida might go for Trump. And then it's going to work its way up to the appellate courts
00:26:34.620
and probably the U.S. Supreme Court. But is that wrong? What do you what do you think?
00:26:39.380
All right. Not to bore everybody, but I'll quickly go through each one.
00:26:42.120
Let's start with the one you see. Yeah. January 6th. Those four charges are so preposterous.
00:26:50.440
You know, to dust off the 1871 Ku Klux Klan Act and the irony is a Democrat administration is doing
00:26:57.200
that. It has no application here, but it doesn't matter. The Section 1502 of the Criminal Code,
00:27:04.460
which was passed after Enron, two of the four charges involve obstruction. And what they meant
00:27:09.940
there was you had executives at Enron who were destroying records that were being subpoenaed by
00:27:14.580
Congress. This has nothing to do with January 6th. But they've used it widely against protesters on
00:27:20.740
January 6th. And they've gotten convictions. But even but it's been appealed to the D.C. Circuit,
00:27:26.640
which is also lopsided. They expanded the D.C. Circuit when Obama was president and Harry Reid was
00:27:32.940
running the Senate to add several seats. And they loaded it up with Obama appointees because that,
00:27:38.220
as you know, is the second most powerful court in the country. Why? Because all these these
00:27:42.420
government cases work through that circuit. And even one of the in one panel, three judge panel,
00:27:49.680
even one of the panel judges said, this really doesn't apply. And so there are now cases in front
00:27:56.100
of the U.S. Supreme Court. And I think the U.S. Supreme Court will take it up whether that's even
00:27:59.840
constitutional. And then you have another statute that's been used almost exclusively for financial
00:28:06.200
crimes against federal contractors. And so you you take these four counts in Washington, D.C.
00:28:13.640
You take the prosecutor, this guy, Jack Smith, who I call Jack the Ripper Smith. He's a guy that always
00:28:22.160
pushes the corners of the law, that always rewrites the laws. He's had his ass kicked in one courtroom
00:28:28.520
after another across the United States. He targeted the Tea Party when he was head of the public integrity
00:28:33.460
section. So they bring him back from The Hague. You know, they sent him to The Hague, quite frankly,
00:28:39.060
to get rid of him. Gets to wear a robe. You know, he gets to go after genocidal maniacs. They figure,
00:28:44.420
OK, so out of the thousands of lawyers, tens of thousands of lawyers, Garland could have picked.
00:28:52.040
He picks him to come back because he's a headhunter. He's not a real prosecutor. He's a headhunter.
00:28:59.800
That's why he's got the Klan Act and these other things going. Now, what's going on in this
00:29:04.840
in this courtroom? They know that that city is 94, 95 percent Biden. They know that Trump doesn't
00:29:12.160
have a chance. No chance in hell. They know that this judge is probably one of the most radical
00:29:17.680
judges in the United States of America. They've studied her sentencing. They know what she has said.
00:29:23.000
Somehow she gets picked, you know, just out of the lottery to head the case. She's already made
00:29:29.100
rulings to me that violate the Sixth Amendment, the right to competent representation in the Fifth
00:29:34.480
Amendment, due process. You have 12.8 million pages of documents. And I'm not even talking about video
00:29:39.800
and everything. I'm not even talking about what the defense might have. She gives them four and a
00:29:44.140
half months to prepare. This is a woman who has, according to Dave Schoen, a great constitutional
00:29:50.580
lawyer as a case in front of her. He's been waiting three and a half years for her to decide a case
00:29:55.640
that's been set up. He said, we're waiting her decision and we just keep waiting. So she takes
00:30:02.940
what she wants to take. She moves up, but she wants to move up. But here's something that nobody's
00:30:06.740
focused on, Megan. She jumped the line. First, she calls the Democrat elected judge in Manhattan and says,
00:30:15.560
I want to go first. He says, well, of course, you go first. He jumps the line with the judge in
00:30:21.660
Florida. How does she jump the line? Because that was the first case the government brought,
00:30:26.880
the documents case. So when you're docketing these cases, that's the first case. And she sets
00:30:32.440
the trial for May. I don't believe it'll stay in May. She sets it for May. The next thing you know,
00:30:37.760
the second case that the prosecutor brings is now the first case, because she moves up the trial
00:30:44.420
to the day before the Tuesday Super Tuesday. She moves it up to March 4th. So she jumps the line
00:30:52.320
on the first case because she wants her case heard first. Now, why?
00:30:57.760
Just to clarify again, so he's talking about the January 6th federal case is now number one,
00:31:01.920
even though the Mar-a-Lago's document case was filed first. Florida's after now. Washington,
00:31:06.920
D.C., Judge Chutkin, this committed leftist who said very negative things about Trump and other
00:31:11.700
cases. Now she's number one. Trial to take place the day before to start Super Tuesday. Keep going.
00:31:17.680
Right. And she moved the whole schedule up. She truncated discovery. She truncated everything to
00:31:23.180
make it impossible to really prepare your defense. And you have a right to a defense. She says it's
00:31:28.460
the Speedy Trial Act is a public interest. Speedy Trial Act has nothing to do with the public. It has to do
00:31:34.360
the defendant. Any moron knows that who's practiced law for 13 minutes. So anyway, she's twisting and
00:31:42.100
turning and she's moving calendars because she knows or she believes that a Democrat jury will
00:31:48.860
convict Donald Trump of at least one of the charges. And then the question is, does she send
00:31:54.840
Donald Trump to prison right away? Does she stay her decision so he can appeal it to the circuit court
00:32:02.740
and eventually to the Supreme Court? Well, here's what else she knows, that if she gets what she wants,
00:32:08.920
Donald Trump will be running for president as a convicted felon. And that's what Biden wants.
00:32:15.260
That's what that judge wants. That's what the prosecutors want. By the time you have an appeal,
00:32:21.120
even if it's an interlocutory appeal, meaning an appeal that raises unique issues or constitutional
00:32:27.980
issues that the circuit court should take up or might take up during the course of the trial,
00:32:32.740
she knows that all takes time. And so by the time it all shakes out, the election will be over
00:32:39.240
and they're doing this purposely. So the Trump lawyers have filed a recusal motion and they're
00:32:45.460
right, providing all these statements that she's made from the bench, which are absolutely outrageous.
00:32:53.920
A hundred percent. And here's something that happened that I've never seen in all my years.
00:32:58.420
So the government files a response to the motion by Trump's lawyers for that judge to
00:33:06.040
recuse herself. I have never seen anything like that in my life.
00:33:10.520
They don't want to lose her. One hundred percent. They feel they have her in their back pocket
00:33:15.460
and they're telling her, no, don't listen to them. Listen to us. We like you.
00:33:19.920
I have never seen that in my life ever. It just shows you the corruption that's taking place here
00:33:25.380
real fast. The case in in Florida is not, as some legal analysts like to say, a slam dunk to me.
00:33:33.220
There are a number of motions that can be filed. There are complex constitutional issues in that case.
00:33:38.920
And so motions can be filed depending on how the judge views some of these motions.
00:33:44.580
You could have interlocutory appeals and so forth. She doesn't strike me
00:33:48.060
as as a bomb thrower one way or the other, quite frankly, although the media have done their very
00:33:53.440
best to to undermine her. But there are serious issues that can be raised, starting with the
00:33:58.620
warrant. I mean, you have a warrant that says you can search for these boxes and anything around it.
00:34:04.940
Well, you know, that's not that's not a warrant. That's not probably and anything around it.
00:34:09.360
No. So there are arguments to be made. There are motions to be made. And that's just one of them.
00:34:14.240
So I don't I don't agree with any McCarthy and Jonathan Turley or anybody else that this is slam dunk in the end.
00:34:23.560
Maybe there'll be a conviction, but that's a long way off.
00:34:27.920
The case in Georgia, former Attorney General Ed Meese just filed an affidavit in this.
00:34:33.780
He's in his 90s, smart as can be. Physical health is deteriorating.
00:34:46.560
Is charging federal officials for what they did as federal officials.
00:34:51.920
And they have every right as federal officials to give advice to.
00:34:59.460
To suggest to state officials that they might want to do X, Y or Z.
00:35:06.180
There's 15,000 district attorneys in this country.
00:35:08.620
God knows how many assistant district attorneys.
00:35:11.420
Now charging an assistant attorney general of the United States for advice that he gave to the secretary of state.
00:35:20.560
And by the way, the advice was not was wasn't wasn't forced.
00:35:29.160
So now me says not only is this a federal matter, but you're now charging federal officials for giving their opinions to state officials.
00:35:40.720
And the guy that just ruled that it shouldn't be a federal district judge.
00:35:48.360
I assume you think as little of the New York prosecution as I do.
00:35:54.200
I worry about that judge and I worry about these juries.
00:36:02.240
People being convicted for things and you shake your head and you say, what the hell is going on around here?
00:36:09.400
Of the four we're looking at, scale of one to ten, ten guaranteed he's going to prison, zero, no chance.
00:36:18.440
Where would you put the chances that he actually is going to prison?
00:36:23.360
Megan, it's a question I don't even want to contemplate.
00:36:25.800
You know, people say to me all the time in a different context.
00:36:29.960
Are you pessimistic or optimistic about the future of the country?
00:36:37.940
I can't predict the outcome, but fight like hell.
00:36:48.800
I think this is all extraordinarily dangerous to the country.
00:36:51.760
I think when you have a state-run media, in effect, defending a state-run party that monopolizes the country, that people are gravely deserved.
00:37:04.920
And honestly, just to circle back, that's why I wrote the book.
00:37:08.800
You have a state-run party that is monopolizing our legal system, that is monopolizing our electoral system, that wants to change it in every respect, that is trying to monopolize our court system with its threats against the Supreme Court and its independence.
00:37:28.400
And you have to have, and I read all these books from these people who have survived Nazi Germany and Stalin's Soviet Union and Castro's gulags and all, and they all say the same thing about totalitarianism.
00:37:45.940
You have to show allegiance to the party, any disagreement with the party, any debate with the party needs to be punished in one form or the other, because your individual thoughts are of no consequence.
00:37:59.860
Your individual thoughts, as a matter of fact, are undermining the communal, the effort to put together this fantastic, more perfect, paradisiacal-type society.
00:38:10.300
And so while free speech might be a great thing, as Lennon said, speech needs to be changed, words need to be changed to support the party.
00:38:20.800
I wrote a whole chapter on this, the change of language in order to change the way people think and behave and act to do what?
00:38:34.200
You can't even have scientists debating each other, medical experts debating each other.
00:38:37.960
That's what all this censorship has been about.
00:38:39.380
That's what all the Scarlet Letter stuff has been about.
00:38:41.860
That's what wokeism, a word I don't like, it's so passive.
00:38:51.580
It's why, I mean, just to name a couple, we now have to refer to, I have to call myself a cis woman, as opposed to just a woman, because that's them controlling my language about my own gender so that they can stuff a certain kind of man into my gender.
00:39:05.900
It's why there was a law passed years ago in New York City that made it illegal to refer to illegal aliens.
00:39:13.240
If you had any sort of malice in your heart, because they will police the words that come out of your mouth and the way we're seeing up north in Canada, which sadly is a step ahead of us.
00:39:22.800
And by that, I mean, down the drain on a lot of these issues.
00:39:25.360
That brings me to immigration, which is, God knows, a mess.
00:39:32.000
I mean, we just crossed a very dark milestone today.
00:39:34.960
I'm going to squeeze in a quick break and pick it up right there with the one and only, the great one, Mark Levin.
00:39:39.840
Don't forget, the book is called The Democrat Party Hates America.
00:39:56.760
Here's the latest posted by Fox's Bill Malusian, who's been doing such great work down there.
00:40:04.600
Per CPB sources, in the last 24 hours alone, over 10,000 migrants were encountered at the southern border,
00:40:12.480
bringing us back to the all time record high levels we last saw in May before the end of Title 42.
00:40:18.740
And just in case people think it was just today, no, it's been inching up.
00:40:23.000
It's been in the 9,000s and change for days, going on weeks on end now.
00:40:28.240
I mean, tens of thousands are coming in week after week after week, flooding the southern border in Texas.
00:40:36.520
And then, of course, they get bussed elsewhere now, Mark.
00:40:39.600
I mean, I used to kind of question the use of the term invasion.
00:40:44.100
I'm not sure what other word there is at this point.
00:40:46.600
I don't know, five to six million illegal aliens in the Biden administration and God knows how many others are given an official rubber stamp bill of approval.
00:40:59.760
And I want people to think about that for a second, because where are all these people?
00:41:04.320
You see them at the border, but now they're in every part of the United States.
00:41:13.660
You look at the video, it's mostly single young men.
00:41:18.580
It's single young men who commit the most crime in the United States and in most countries all over the world.
00:41:23.600
We don't have the capacity to know who most of these people are, whether they're friend or foe, whether they're criminal or terrorist or anything of the sort.
00:41:32.460
And I want to talk about this in a little bit of a different way.
00:41:35.460
When you have a president of the United States who does this to a country, who allows criminals to come across the border, potentially terrorists, he has no idea.
00:41:46.160
Fentanyl and other drugs are killing up to 100,000 Americans every single year.
00:41:50.320
When you have anarchy and mayhem going on on that border and now in the interior of the United States, women being raped and sold into sex trafficking, same with little kids.
00:42:01.380
You have 85 to 100,000 young people from other countries who are now basically indentured servants and various hellholes here and there.
00:42:12.000
This is not nature. This is man-made because Joe Biden refuses to enforce the existing immigration laws.
00:42:25.380
Or it's the Republicans' fault because we need comprehensive immigration reform.
00:42:29.080
We don't need comprehensive immigration reform.
00:42:33.880
And presidents know how to do this if they want to do it.
00:42:36.900
And presidents know how not to do it if they don't.
00:42:39.100
This is the most outrageous assault on the body politic on the American people in modern American history.
00:42:47.560
The greatest enemy we have here is not the communist Chinese, and they are the greatest foreign enemy we have.
00:42:56.060
Now, they can whine all they want in New York and New York State, but Biden knows they're all going to vote Democrat anyway.
00:43:14.900
You might say, well, illegal aliens can't vote.
00:43:17.540
But when they're here long enough, their children are American citizens.
00:43:24.920
So when you're talking about six million illegal aliens, almost none of whom, very small percentage, show up for their administrative court date.
00:43:35.300
I was studying the history of the impeachment clause.
00:43:39.220
And it goes back to Britain and it goes back to the parliament trying to assert some power over the monarchy and over appointees of the monarchy and then over members of its own body, parliament.
00:43:52.740
And our framers looked very carefully all over the world at these different practices and these different rules and so forth.
00:44:00.320
So they debated the impeachment clause at some length.
00:44:04.060
And we're thinking about using the word maladministration.
00:44:09.900
You know, then we'll have a president impeached every other week.
00:44:13.020
So they came up with the phrase treason, bribery, high crimes and misdemeanors.
00:44:19.500
You have, again, these former federal prosecutors who don't know a damn thing about the Constitution and others like Democrats.
00:44:26.880
And they say, well, you can't prove that Joe Biden took any money.
00:44:32.720
Well, you don't have to prove that Joe Biden took any money.
00:44:48.080
So then you got to look at what each delegate said.
00:44:50.520
And where you go for that is at the state convention.
00:44:53.340
So I looked at North Carolina, Pennsylvania and so forth.
00:45:01.680
The bottom line, the consensus position is political offenses against the society, against the citizenry.
00:45:09.900
In other words, it's much broader than a specific piece of the criminal code, most of which didn't even exist.
00:45:21.480
Have you done something to the country that damages the country in a significant way?
00:45:27.020
And so I've said on the radio, hoping that some of these Republicans on Capitol Hill will listen.
00:45:39.920
Crucially important to know if the president of the United States is a Manchurian president.
00:45:48.420
Unless you're watching one of these crazy news channels.
00:45:51.900
But what's troubling to me is the greatest reason that Joe Biden should be impeached is what you showed two minutes ago.
00:46:02.040
He's violating his oath of office to uphold the rule of law, to uphold the Constitution.
00:46:08.080
He is undermining existing laws that prevent what's happening from happening.
00:46:14.180
The damage that he's doing to the country is incalculable.
00:46:19.040
From a law enforcement perspective, safety and health perspective, our school systems are overwhelmed.
00:46:28.340
American citizens are suffering as a result of what Joe Biden is allowing to happen on this border like no president before him.
00:46:37.620
And so this should be impeachment article number one, refusing to protect the American people, refusing to enforce the immigration laws, allowing these horrendous acts of inhumanity taking place on the both sides of the border, allowing drug cartels.
00:46:55.260
Now they have a they have locations in every state, all 50 states and the mayhem that he's created.
00:47:08.720
The only have a couple of minutes left, but your thoughts on 2024.
00:47:14.260
I mean, I I know you're voting Republican, but do you have any thoughts on, you know, who's going to be the best person to get that football across the end zone?
00:47:35.540
Asa Hutchison, the gentleman from North Dakota, seems like a very nice man.
00:47:40.460
You'll notice Nikki Haley never runs on her record.
00:47:44.720
I'd love to know what 10 things did you do as governor?
00:47:48.340
We got Chris Christie, who's basically an anti-Trump torpedo.
00:47:52.940
Mike Pence does a better Chris Christie than Chris Christie in the last debate.
00:47:57.100
So I look at them and I think to myself, what would I who would I whittle it down?
00:48:03.280
When Donald Trump ran in 2016, I backed Ted Cruz.
00:48:08.160
And when Ted Cruz lost and Donald Trump won, I backed Donald Trump.
00:48:11.300
He was far more conservative than I ever could have imagined, far more conservative than either the Bushes ever were, far more conservative than the Republican leadership in the Senate.
00:48:30.620
The things that he's done, the culture wars that he's been willing to fight and so forth and so on.
00:48:35.580
So from my perspective, if Donald Trump is the nominee, I'm all in.
00:48:40.520
If something horrific happens and it turns out that he's not, maybe because of one of these indictments or so forth and so on, I'm all in with DeSantis.
00:48:54.840
I only wish I had eight hours, but if you want to spend eight hours or more with Mark Levin, just buy the book, The Democrat Party Hates America.
00:49:03.420
We need to support Mark so he can keep writing books like this because they're always intellectually stimulating.
00:49:08.660
He has a great way of communicating, as you have heard a great one.
00:49:15.600
I love it when you allow me to actually speak and explain things, you know, rather than sort of the machine gun Kelly types of stuff.
00:49:23.240
And I really appreciate the opportunity, Megan.
00:49:30.520
And up next, we have the Mark Levin's of the legal world, Marsha Clark and Mark Garagos.
00:49:38.080
This is like a team legal panel to get into some stunning developments in some of the biggest cases that we've been following from Russell Brand to Brian Kohlberger and the Idaho murders to Alec Murdoch.
00:49:52.020
Now on to Kelly's Court with my all-star panel.
00:50:00.000
There are new developments in the hottest cases this week.
00:50:02.920
Brian Kohlberger, that's the Idaho murder of those four college students last November.
00:50:08.080
Alex Murdoch down South Carolina, and he's seeking a new trial.
00:50:15.220
There's an update in his push to get a retrial, and the consensus of our earlier panel was he's looking good for it.
00:50:22.480
Also, Russell Brand will tell you how that's now turning potentially into a criminal investigation and more.
00:50:29.360
Joining me now, Mark Garagos, managing partner at Garagos and Garagos, along with Marsha Clark, who's a former prosecutor and New York Times best-selling author.
00:50:39.920
Welcome back to Kelly's Court, Mark and Marsha.
00:50:45.760
All right, so let me start with this case that's been all over the news lately, and that is this.
00:50:51.300
This, these teenage boys, I mean, I don't even want to use the term boys, these teenagers who killed that poor man riding his bicycle.
00:51:00.840
For those who haven't seen it, it's disturbing.
00:51:03.060
We will show you the video, but a warning that it is deeply disturbing.
00:51:17.080
And what we now know is it was like a joyride in which they were trying to hurt and kill people,
00:51:24.440
and not just the man that they actually did manage to kill, whose name was Andreas Probst, 64 years old, retired police officer, and this happened in Las Vegas.
00:51:36.960
So we now know, I think, that they were 17, and after some searching, they managed to find them both.
00:51:44.600
They're going to be charged as adults for murder.
00:51:50.460
He was on a 6 a.m. bike ride trying to keep his health going, had retired not long ago, has a family.
00:51:57.000
Just out there, I mean, just like the senselessness of it.
00:51:59.520
He's just out there minding his own business, getting some exercise.
00:52:01.580
And these two come by, and we'll show you the video now.
00:52:25.040
And the driver speeds up directly behind the retired police officer.
00:52:28.220
The other guy says, yeah, hit his ass, says the passenger.
00:52:31.640
And after he gets thrown onto the windshield and, now we know, killed, the one says, damn,
00:52:39.720
that N-word got knocked out, as the driver can be heard stepping on the gas.
00:52:46.660
I know, thanks to the Supreme Court opinion in 2005, it was, Mark, we don't have the death
00:52:53.400
penalty anymore for people who commit crimes while under the age of 18.
00:52:58.080
But my God, you look at this videotape, and I'll tell you what, I would have been fine
00:53:03.140
I would have been fine with that penalty on these two guys.
00:53:08.460
Well, I think the defense is clearly going to argue or try to find any soft place to land.
00:53:13.700
They're going to argue what you generally do with young males, that their brains aren't
00:53:20.720
There's all kinds of scientific evidence to that.
00:53:24.660
But as you indicated, for those of us who are of my vintage, you take a look at that,
00:53:33.720
You assume when you're either out walking, biking, or running, that there is a social contract,
00:53:39.460
so to speak, that people are going to not negligently hit you, let alone intentionally hit you.
00:53:49.440
It's a very tough case to defend, especially with that videotape and the seeming nonchalance.
00:53:56.520
So what's likely to happen here, Marsha, when we know, OK, they're upping the stakes by trying
00:54:01.400
them as adults, but everyone knows that the death penalty is off the table?
00:54:08.640
So Mark has it right that the defense has to be going for the studies, and they are now
00:54:13.920
And actually, the United States Supreme Court has repeatedly acknowledged these studies
00:54:17.840
as showing the unformed brains from the low development of young men below the age of 25,
00:54:24.620
and particularly below the age of 18, which I think both of these people were.
00:54:37.700
Nothing's going to save them, in my opinion, in terms of a not guilty verdict.
00:54:45.440
The question is how much they'll be convicted of.
00:54:49.260
The fact that they were actually targeting others as well as the man they tragically killed,
00:54:54.560
that will weigh against them, of course, and indicate a definite frame of mind.
00:55:06.720
I don't see any real daylight for the defense in this case, no matter what they do with all
00:55:13.660
It just takes every question off the table about their state of mind.
00:55:18.020
So I think these guys are going away for a very long time.
00:55:21.340
If, indeed, the prosecutor does not figure a way to find him with life without.
00:55:26.680
But you should know that I don't know whether that particular state has the same laws as
00:55:31.920
California, but in California, minors who are charged, even when they get convicted with
00:55:36.780
life without, if they are under the age of 18, they are eligible for early parole after
00:55:43.260
So I don't know if they have that law in particular, but that is another possibility.
00:55:49.740
So the audience knows that the couple, reading from the New York Post, also allegedly struck
00:55:55.960
a 72-year-old man around 5.30 a.m. that same morning.
00:56:01.220
Thank God that man only had non-life-threatening injuries.
00:56:05.360
They're also accused of intentionally ramming into a second car traveling nearby before setting
00:56:13.520
They also said that they stole at least four cars that morning to carry out their violent
00:56:18.900
They caught the one 17-year-old who I think was driving the car that same day, and then
00:56:24.720
now they've just caught the other, which it took them five weeks to track down the passenger
00:56:31.320
Of course, Mark, are talking about the senselessness of this and how their statements make leave
00:56:36.040
no doubt that everything, quote, was intentional.
00:56:38.600
Well, and what I was going to say is, Marsha's right.
00:56:43.280
There is a law in California now, and I don't know as I sit here whether it would apply there,
00:56:48.860
but it would not surprise me if there's a race between the two lawyers for whoever it is,
00:56:55.960
if they have court appointed or not, to get one to flip on the other immediately to kind
00:57:01.520
of confess all sins and get some kind of break.
00:57:06.340
And I don't know, frankly, what the break could look like.
00:57:11.380
But there will be a fight as to whether it's going to be tried in adult court or juvenile
00:57:18.660
That's going to be the battle, at least initially.
00:57:21.640
I just want to ask you, like, you've both spent a lifetime in criminal law.
00:57:26.800
You look at this as a civilian and you think, I don't understand.
00:57:31.300
I'm like a serial killer has this mentality of just killing for fun with absolutely no
00:57:38.940
Like, Marsha, does your background as a prosecutor give you any insight into what makes two,
00:57:45.040
not one, two young men like this who can just kill for fun, absolutely, they're like sociopaths.
00:57:53.380
I mean, just absolutely no empathy on display at all.
00:57:58.240
And actually, Megan, the more the merrier in terms of the number of people involved, the
00:58:03.360
more likely it is they will engage in more extreme behavior as they egg each other on.
00:58:08.000
So what one guy might do by himself is probably less, usually, than what they'll do together,
00:58:13.920
which is why we have gang laws that are so stringent, even now with changes in gang laws
00:58:19.060
that we've had recently, it's still punished more heavily because it is determined that
00:58:24.540
they will act out in ways that are more extreme.
00:58:28.740
You see them egging each other on ready, you know, I mean, it's really sickening to watch.
00:58:34.280
But I think that that is definitely the mentality.
00:58:38.000
As for whether they wind up in adult court, I think it's a kind of a given.
00:58:43.080
I can't imagine they're going to try them as juveniles.
00:58:45.760
I also can't imagine the prosecutor who wants to turn one against the other.
00:58:54.800
If you don't absolutely have to do that, turn one to get the other and don't.
00:58:59.760
I'd rather take that chance because when they both really deserve it, it's tough to justify
00:59:06.700
And especially in a case like this where they seem very much to be equally guilty.
00:59:15.040
So I can't leave the case, Mark, without discussing for a moment the race angle.
00:59:24.100
You and I both know if those races were reversed, this case and this videotape would be on loop
00:59:31.020
on every cable station and television station in America.
00:59:35.800
The left would be exploiting the racial divide to show us what a white supremacist country
00:59:42.080
But as it is, it has to be ignored, you know, because when the races are reversed, not only
00:59:47.460
does it not really get covered, it gets completely ignored because they can't deal with that narrative.
00:59:52.880
Well, there's, you know, the, I don't necessarily disagree.
00:59:58.740
I think that my experience, though, is that this kind of just stupidity or mental infirmity
01:00:13.160
It's common, unfortunately, or all too common amongst teenage youth.
01:00:19.520
And I think that the studies that we both invoke are true.
01:00:24.360
I mean, the brain just doesn't fully form and the impulse control doesn't fully form.
01:00:30.540
Yeah, but 99% of teens don't do something like this, even though they have unformed brains.
01:00:39.500
And I, you know, the empathy is towards somebody, as I said before, who's vintage is of mine
01:00:45.800
and who's out there on the streets every morning.
01:00:51.420
And at the same time, I don't know that there's any explanation for what gets exploited in the
01:00:58.180
media and what doesn't get exploited in the media.
01:01:06.400
But to Marcia's point about one on the other or turning one on the other, it never ceases
01:01:13.080
to amaze me when prosecutors choose to do that.
01:01:17.540
I sit there defending cases and wondering why it is that they picked a one particular person
01:01:24.460
who seems to me to be ostensibly or at least superficially just as culpable, if not more
01:01:32.800
It's one of the kind of, I think, unsightly portions of the criminal justice system.
01:01:43.320
Neither one of these guys should get any breaks for cooperating.
01:01:51.720
Let's move on to Russell Brand because he's in a whole host of trouble dealing with a
01:01:56.580
PR nightmare at a minimum that may be turning into a legal nightmare.
01:02:00.200
So people know the story probably by now, but just in case you don't, three news organizations
01:02:05.200
in the UK did a years long investigation into him.
01:02:08.340
They found four women who has right now, as of now, remain anonymous, but gave very, very
01:02:12.840
specific accounts of him allegedly sexually assaulting and in one case raping them.
01:02:18.060
According to their allegations, he vehemently denies them all, though hasn't said much more
01:02:22.480
since the details of the accusations have broken.
01:02:26.040
Now we find out that the police over there in the UK are opening up an investigation.
01:02:34.820
They have a specific unit, some extra tough unit who are that's working with Scotland Yard
01:02:43.660
detectives investigating allegations against Russell Brand, officers from Operation Hydrant,
01:02:49.940
a specialist unit that was set up in 2014, supporting the Metropolitan Police with its
01:02:55.260
investigation, urging anyone with allegations to speak to detectives.
01:02:59.620
The reporters on the case say that women are coming forward to them, more new women day
01:03:04.900
by day, and I'm sure they'll have follow up reporting on this, but they say at least so
01:03:09.480
far, one woman has allegedly, additional woman has allegedly come forward to the sexual assault
01:03:15.720
police officers and claims that there was a set.
01:03:18.680
She was sexually assaulted by Brand back in 2003.
01:03:23.540
I am trying to look for where that happened in London, in London, in Soho, in central London
01:03:33.140
I mean, it's, you know, I haven't been defending Russell Brand on this program.
01:03:37.240
I've been saying, let's keep an open mind because it certainly sounds like these women have
01:03:47.540
Just say they're not telling the truth, as I've seen so many do.
01:03:55.300
You know, this is what we kind of saw in Kavanaugh, right?
01:03:57.800
Justice Kavanaugh, Mark, where it was like, how's the guy supposed to produce his little,
01:04:05.500
But his schedule and his whereabouts and remember all of the events 30 years ago.
01:04:11.980
I don't know what they are in the UK for sexual assault or rape, but he's, with respect to
01:04:16.480
the criminal investigation right now, in a very tough position.
01:04:20.100
Well, and you've hit on precisely what is so, I think, offensive about these kind of
01:04:26.500
look back statute of limitations or reinvigorating statute of limitations.
01:04:31.000
We have one now in California, as Marsha knows, the look back law, which has sparked quite
01:04:39.240
You know, there was a case out of California many years ago, Stogner, which involved the
01:04:45.080
Catholic priest and the U.S. Supreme Court said you couldn't do it for criminal or reinvigorate
01:04:50.120
a statute of limitations that are already expired.
01:04:54.580
We're coming on the heels of the Danny Masterson second trial after a hung jury.
01:04:59.980
We're coming on the heels of Kevin Spacey, both criminally and civilly, being accused,
01:05:05.880
having the criminal dismissed and being vindicated in the civil.
01:05:09.720
It's really a very tough situation to be in if you're the accused or defending the accused,
01:05:16.820
because one of the things that you do when you're defending people in these kinds of cases
01:05:30.800
There was evidence that shows that there was no complaints.
01:05:34.080
And those things are very difficult to find or unearthed when you're talking about 20 years
01:05:38.480
And so I'm with you that I would keep an open mind on these things and allow them to,
01:05:45.220
at least who's defending them, to try to assemble and marshal whatever evidence they can
01:05:52.600
I would tell you that as reading it, I can already see where the defense is taking form.
01:05:59.600
The things they're going to have to deal with is whether they're true or not, the text messages
01:06:04.220
and things like that in real time that tend to at least support the accuser's idea that
01:06:10.700
there was an immediate recognition in real time that he had crossed the line.
01:06:20.980
That's well, that's one of the four accusers who came forward to the news media quietly,
01:06:24.900
anonymously, not the one who's actually appeared to have contacted the cops right now about
01:06:30.600
One of the existing accusers in that report says that I think it was 10 years ago he sexually
01:06:38.120
They had had consensual sex at least once prior.
01:06:40.780
And she claims he wanted her to have a threesome.
01:06:48.140
And she has contemporaneous text messages complaining loudly to him about that exchange.
01:06:52.800
And then that same day she went to a rape crisis center where she reportedly got counseling
01:06:59.200
She gave over her underwear, Martha, to the Martha, Marsha, to the rape crisis center and,
01:07:04.320
you know, did all the things that you would expect a rape victim to do.
01:07:09.640
Doesn't mean she's got text messages to him saying, how dare you?
01:07:24.560
But anyway, can we just go to so just to back up?
01:07:27.760
My team just did a quick Google search and it says there is no statute of limitations in
01:07:33.480
So they've made a decision over there to to force men to defend these claims whenever
01:07:40.060
I'm thinking about can you imagine if I said to you like you got to go back 20 years and
01:07:49.540
Like it's I know the cloud keeps them for some time, but I don't think if the cloud keeps
01:08:01.000
And I've actually seen a number of murder cases that are proven through in part text
01:08:07.620
messages, proof of intent anyway, because they do try to delete.
01:08:11.460
Even if you try to delete messages and message to everybody, deleting does not mean it's gone
01:08:17.900
And so it may come off your phone, but that becomes almost more proof of your intent.
01:08:22.740
So text messages are a problem for the defense and they can be a really boom for the prosecution.
01:08:29.540
When it comes to the criminal prosecution of these cases that are so old, I don't know
01:08:35.540
I mean, having no statute of limitations means that a woman can come forward at any time.
01:08:40.420
And I'm all for letting the victims be heard and I'm all for justice and, you know, airing
01:08:45.620
these allegations, requiring the defense to come up with their side of the story.
01:08:53.540
And it's a tough thing to defend when it's been 20 years since and there's no physical
01:09:05.400
I think I go beyond the criminal and I wonder, this is a man who's been working in the BBC
01:09:17.160
And you're telling me that these places didn't know what he was doing?
01:09:21.040
We all know his kind of reputation, the way he behaves.
01:09:25.560
And that he was running around after women, sexually harassing, possibly assaulting them.
01:09:32.540
How could that not have been known to the BBC, Channel 4, et cetera?
01:09:41.960
And, you know, now they're cutting him off from now.
01:09:44.120
I mean, it's been 20 years that this has probably been going on.
01:09:51.600
Well, the criminal cases, as you both noted, has its problems because of the age of the
01:09:58.420
But there's a whole bigger world to think about in terms of the workplace environment.
01:10:03.160
You know, what's crazy is it broke yesterday, Mark, that the UK government, first of all,
01:10:08.660
the prime minister's office spoke out on this case.
01:10:11.740
The prime minister sent a spokesperson out there to say, oh, a sexual assault is terrible.
01:10:16.420
Any woman affected should speak out, including on the Russell Brand case.
01:10:23.300
We don't he's he probably just hired a lawyer two minutes ago.
01:10:27.460
And the UK parliament is trying to get Russell Brand canceled everywhere.
01:10:34.880
They've reached out, at least we know, to Rumble.
01:10:38.420
I think also YouTube to Twitter, you know, now X like they're they're trying to make sure
01:10:51.580
I don't know if you couldn't do that in this country.
01:10:53.740
Take a look at that Fifth Circuit opinion, which I'm sure you read as to what the White
01:11:06.600
You know, the Fifth Circuit said, hello, that's not that's not appropriate and was really dystopian.
01:11:11.060
The Fifth Circuit was alarmed at what this White House was doing on COVID and so on.
01:11:16.380
It's just like a gut check when you see the UK government actually reaching out to Rumble
01:11:19.880
to say, we want to make sure he's demonetized that he's what are you what what?
01:11:27.100
Well, it's really we've reached a point here and I we find it, I find it at least doing
01:11:33.180
this for almost 40 or actually more than 40 years.
01:11:36.100
I cannot believe the the way that this becomes kind of a snowball rolling down a hill.
01:11:45.680
I was going to say something else and I stopped myself.
01:11:48.540
But the the problem that you face now is not only does it go from zero to 100 in time, in
01:11:57.980
the amount of time that it takes to even sign a retainer agreement with somebody.
01:12:02.320
But before you know it, it is just metastasized everywhere.
01:12:07.300
And you're fighting a what used to be a battle that would be in a courtroom and maybe in print
01:12:16.620
It now is everywhere and it's a full scale attack on your ability to make money or to
01:12:25.500
I mean, people call it cancellation or cancel culture.
01:12:29.180
I mean, it really is just a full scale assault.
01:12:37.340
And that's a it's a scary place because I invoked some of the people who end up getting exonerated.
01:12:45.160
And it reminds me of that quote from I think he was the former labor head of the Department
01:12:51.900
of Labor Donovan, the original Ray Donovan, as I always say, who after he was acquitted,
01:12:57.520
was on the steps of the courthouse saying, now, where do I go to get my reputation back?
01:13:04.160
And you don't see people saying, I'm sorry, we jumped the gun later on or after the fact.
01:13:10.420
You know, Marsha, I've been critical of Russell Brand.
01:13:14.640
I think these allegations are so detailed that they really are troubling to me.
01:13:19.780
And I will not be subscribing to Russell Brand's Rumble channel at all.
01:13:25.880
I personally am demonetizing the Megyn Kelly dollars, which actually weren't there in the
01:13:30.860
But I don't want to see the guy's ability to make money or connect with his existing
01:13:35.480
audience that feels differently than I do removed.
01:13:41.380
I mean, Rumble, thank God, was kind of born to fight back against this kind of madness.
01:13:44.920
And they're they're holding true to their mission.
01:13:48.300
But I do wonder, like, we don't know whether these cases are going to pan out.
01:13:53.700
My feeling is they're probably not going to go anywhere because the four main women don't
01:14:00.100
They do not want their names dragged into this for all the obvious reasons.
01:14:03.420
And so Russell Brand, I don't he's in a tough position to rehabilitate himself, but I don't
01:14:11.700
And they're really there'll be nothing for him to do to, quote, get his reputation back.
01:14:15.760
People will be left with the original reports and they'll make up their minds one way or
01:14:21.060
And this kind of stuff, really, it always bothers me when you have allegations that can't
01:14:25.280
be proven or disproven and then it just kind of hangs in the air.
01:14:28.360
And, you know, if you're going to bring out this kind of these accusations, then they should
01:14:33.280
also have the right or the demand to prove them or disprove them and let people have a
01:14:39.920
I don't like and I implore, I think, as Mark does, the notion that you have an accusation
01:14:46.020
It eventually is disproven and then nobody reports on that.
01:14:49.920
So you have this big accusation and it's very inflammatory and it gets lots of press.
01:14:54.400
And at the end of the day, it kind of dribbles out and the press goes away.
01:14:58.680
And the ultimate determination is it wasn't true, but nobody publicizes that.
01:15:06.780
I also am not a fan of this kind of piling on where, OK, everybody run and cancel so and
01:15:12.780
And so you have, as you've said, in the UK, that's kind of surprising that you actually
01:15:16.720
have prime minister saying, you know, demonetize this guy.
01:15:25.340
Now you're getting into an area where you're not even allowing the accused to defend himself.
01:15:38.400
I want us to be able to decide what we think and make our, you know, and put our money accordingly
01:15:46.140
If you want to listen to Russell Brand, you should be able to listen to him.
01:16:01.940
For the very reason that you talked about the BBC knowing or Channel 4 knowing, that
01:16:08.160
is the very reason why there are going to be civil lawsuits.
01:16:12.180
There are going to be lawsuits that are going to attack the entities for not doing more or
01:16:20.140
And that's where the immediate battle for your field is going to be.
01:16:27.640
I mean, to me, that's the bigger and more serious issue in terms of what's really going
01:16:32.920
to happen in litigation in terms of really, you know, airing the truth here on both sides
01:16:38.000
is, you know, what was going on in these networks?
01:16:43.440
So you're really telling me that you didn't know he was chasing women around the dressing
01:16:50.380
This is not something that just happened yesterday.
01:16:54.240
So one of the allegations, Marcia, was that he took out a like some sort of a Coke bottle
01:17:01.100
or whatever and peed in it right in front of the staff.
01:17:03.520
That's we exposed himself and urinated in front of his staff.
01:17:12.160
That if that's true, if he had sex with a 16 year old when he's 31, I couldn't care
01:17:23.100
If he doesn't deny that wholesale, I am done with this scumbag.
01:17:31.240
Now, I understand the women's need for anonymity because 100 percent they're going to be raked
01:17:35.880
over the coals if they come out, especially now.
01:17:43.940
But I was in a not totally dissimilar situation years ago when, you know, Roger Ailes was under
01:17:54.000
They didn't know that an allegation had been made against him.
01:18:02.660
And I chose to speak to my boss, Lachlan Murdoch, about it.
01:18:06.400
And then he asked me if I would speak with Paul Weiss, the lawyers who he got in to investigate.
01:18:10.560
And I remember asking, will it will it become public?
01:18:25.940
And my lawyer said to me, this is my lawyer, said, and that's what's fair.
01:18:41.480
And even I, as somebody who felt like I was betraying a boss I cared about by this point,
01:18:48.360
understood if I was going to make these allegations, I had to attach my name to them.
01:18:53.460
That they're, you know, anonymity from him, from the press is a different story.
01:18:57.760
But anonymity from him was not an OK place to land.
01:19:03.680
I was saying that's a tribute to your lawyer, by the way.
01:19:18.760
And it's a tribute to the lawyer to understand that we have a system.
01:19:22.560
And you get to, you get a presumption and you have to process, as opposed to sometimes
01:19:27.300
when you see lawyers who kind of are a cheerleader for the rush to judgment, for lack of a better
01:19:34.360
term, and do not counsel their client appropriately.
01:19:39.260
And in that case, Marcia, you, you, as like a prosecutor, you would have been thrilled
01:19:43.760
because they, Paul Weiss, they wanted all the evidence.
01:19:48.900
They came to my apartment and they wanted to see the, because I'm a journal keeper.
01:19:55.200
It was a very unsteady period for me professionally.
01:19:57.820
I was very scared about what he was going to do.
01:19:59.980
And they wanted to see all the journals because they wanted to see that and show them every
01:20:03.980
journal I ever wrote, but they just wanted to see them to see if, in fact, I'd been keeping
01:20:07.420
them regularly or if I had just been, you know, trying to make a record to get him.
01:20:10.560
And I did show them all the entries that revolved around Roger and they copied them and they took
01:20:16.720
And that same lawyer at Jones Day, I had called him the moment after Roger.
01:20:21.480
Now I wrote about it in my book, whatever, but he tried to kiss me three times in his office.
01:20:24.780
And when I wouldn't let him have me asked, when is your contract up?
01:20:29.920
And before I had even left the building, I called my lawyer and said, holy shit.
01:20:36.260
So like I did make a record and any woman in this position should make a record.
01:20:40.440
You know, it's not like it's going to sink you or not or sink him, but better to have it,
01:20:47.120
You know, anything you can, you can put together, you know, in the moment, you know,
01:20:50.680
that's why we have fresh complaint witnesses here in the States with respect to all of the,
01:20:58.400
If you have someone that you spoke to immediately afterwards while you're distraught, crying and
01:21:03.580
in pain, whatever, that witness is a very important corroboration, you know, who says
01:21:08.460
within minutes or within an hour, she was on the phone to me and she was a wreck.
01:21:13.500
These things are very helpful, a journal even more so that, you know, showing that you wrote
01:21:18.600
it down immediately shows that this was not just, oh, buyer's remorse.
01:21:24.080
You know, I mean, that, that shows the, that, you know, the authenticity of it.
01:21:27.480
And I think it is brave of you to come forward when you know your job is on the line.
01:21:31.600
You know, it's, it's not, it's not only that, you know, you get, you get your name pulled
01:21:35.520
into something that is not pleasant, but it's also that your very career is, is in jeopardy
01:21:43.260
And that is what it takes that kind of bravery to hold someone accountable who is a, you
01:21:48.960
know, an assaulter, who is somebody, an attacker, that's a dangerous person to have around and
01:21:54.260
a very, it's bad for every, it's bad for morale in general for everyone, but particularly
01:22:00.120
Well, and this one woman we talked about who went to the rape crisis center did produce
01:22:05.260
multiple female friends, I think, who she told about this immediately.
01:22:11.140
So it wasn't, she did have contemporaneous witnesses, not eyewitnesses, but witnesses,
01:22:16.360
the rape crisis center, the evidence she had turned over five months of therapy.
01:22:26.440
The text message exchange could lead one to say it was, it was sex without a condom, which
01:22:35.920
You know, we're down a deep, dark rabbit hole that I don't want anything to do.
01:22:46.860
Next, we're going to get into Kohlberger and Alec Murdoch.
01:22:52.140
There is an update in the Idaho quadruple murder case against Brian Kohlberger.
01:23:08.940
He's the one who's been writing for airmail on this case.
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But in any event, there they spoke with the parents of Kaylee Gonzalez, and they came out
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to say, contrary to what we'd heard from the defense, who'd been saying there was no
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connection between Brian Kohlberger, who's been accused of the murders.
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They happened last November on the Idaho campus.
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He was at the neighboring campus, Washington State, studying criminology.
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Um, they're saying there, there was a connection in that they've figured out he was following
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Uh, so there's Kaylee Gonzalez and her best friend, Matt, Maddie Mogan.
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They were the two who were killed in the bed together.
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They just told us the name and we immediately started Googling.
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They believe they had found a possible connection through Instagram.
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And he immediately took these screenshots from our investigation of the account.
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It appeared to be the real Brian Kohlberger account.
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Among the people this account was following were Maddie Mogan and Kaylee Gonzalez.
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In addition to several people with the name Kohlberger.
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You would go to Maddie's Instagram account and look at her pictures and he liked them.
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Brian, Brian's name was under a lot of Maddie's pictures, like that picture and that picture
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So he was actively looking at the Instagram account.
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Just digital evidence that this particular account had some type of connection with the,
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Marsha, it's very creepy, especially when, you know, he killed those two young women, allegedly,
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They said that Maddie was on the outside, that Kaylee was on the inside, and that it looks like,
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I mean, he basically snuck up on them in their sleep and they had very little chance.
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Although Gonsalves tried to fight because it looks like her friend Maddie, who was on the outside,
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I mean, you just think about the terror that these poor two girls and the one knowing her
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So I do think that it matters that those were the two he was allegedly following online.
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Any connection you can show that, that somehow begins to explain why he round up at that
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particular location in that room, going after those particular women is going to be helpful
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because this is one of these bizarre, no motive, no obvious motive murders.
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And so anything you can show that shows a pre, a pre-existing attraction or interest in the
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victim is a connection that's a very important one.
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And I think that if this pans out and it turns out to be that the Instagram post that they're,
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the handle that they're looking at is actually Kohlbergers, that will be some very important
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No, I was going to say, Marcia hit the nail on the head if it pans out.
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I mean, number one, we don't know when it was that they saw this.
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They took screenshots, which should suggest that it's no longer there.
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We don't know if there was somebody on the Internet forming an account or starting an
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account and then liking the pictures and then having the account removed later on.
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It wouldn't surprise me that that could happen.
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And I think you just got to wait and see if this is, in fact, legit or not.
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Now, this trial is supposed to begin October 2nd, you know, right around the corner.
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But it's it's been out and delayed indefinitely.
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He's waived his right to a speedy trial, so he wants more time to prepare.
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But one of the things that's really interesting is they're debating whether there should be
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That's why we've seen all the videotape of Brian Kohlberger in the courtroom on his arraignment
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And the defense, Kohlberger, is seeking to ban the cameras to stop the media.
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He's saying he the media has been focusing on his crotch, according to his lawyer.
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And the prosecutor joined saying we, too, want the cameras banned.
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But the families of the victims, at least the Gonsalveses and the Cronoidal families, say
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The public deserves to know, especially in a death penalty case, what the evidence is.
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So this was a post-trial discussion that I had with Fred Goldman, because I had been
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very opposed to having cameras in the courtroom.
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You know, the problem that you face, of course, is that it turns into a circus.
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Now, in fairness, if you have a judge who knows how to keep the guardrails on, it can
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But if he doesn't and he just lets the cameras, you know, be turned on 24-7, it's a nightmare.
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And you wind up having people come forward who just want the limelight and really have
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Or you have people that are afraid of the limelight and have something to say and don't
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You have lawyers who are, you know, stumping for camera time and FaceTime and, you know,
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and extending things interminably with no real argument to make because they want to be
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You have prosecutors who probably do the same thing in some instances.
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And, you know, you have a judge who sits down for a six-part interview with the news
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So, I mean, it causes these kinds of distortions and it does cause a circus.
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And Fred Goldman said, and he changed my mind, but the world would never know what the evidence
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The world would never know and bother to read the newspapers after the fact about all of
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Huge, a huge overwhelming amount of evidence of guilt.
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You know, if you have these people moving around in the courtroom, people pay attention in a
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So, you know, I've come down on the side of having a certain kind of thing where you allow
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the cameras in the courtroom when the jury is in the courtroom so that what is disseminated
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But when the jury is not there and you're having hearings about the evidence that should
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and should not come in, et cetera, that kind of thing, then you should not have cameras
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But having the cameras in the courtroom should be banned when the jury's not there.
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And with that kind of caveat, I think it's a good thing.
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Mark, the judge was looking at Marsha's most famous case, People v. O.J. Simpson, when she
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was the prosecutor, and saying whether having asking whether cameras in the courtroom is
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a dignified way to have a trial, referring to the O.J. Simpson trial, calling it, quote,
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a circus, as she just said, and then adding it's not the same media it is now as it was
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So I don't know if that means the judge is leaning against having the cameras, but you
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can bet there's a bunch of news outlets in there arguing, oh, no, the cameras need to
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As long as I've known Marsha, which I won't even say how long, I've never heard her talk
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Because I, during Peterson, Marsha and I sharing our notable cases here, I joined in the prosecution
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saying who did not want cameras in the courtroom.
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I have said to you, Megan, that was one of my biggest mistakes.
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I wanted the public to see what that trial looked like after the fact, because during
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the trial, I thought that there were people sitting in New York City commenting on the
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trial who had no idea what was going on in the courtroom.
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And if they had seen it, it would not have been the kind of critical mass that he's guilty,
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And that was one of the biggest mistakes I've made in that case, I think, that not having
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But to your point, how does the judge taking this in Kohlberger?
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I think the judge is clearly leaning towards not having cameras in the courtroom.
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Because it's a lot to manage for a judicial officer.
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But just for the record, Scott Peterson was definitely guilty.
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Yeah, that's, you know, he mentioned social media, that is a fear, because social media
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And then it's a just, it can be a very distorting mouthpiece.
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So somebody repeats on social media, let's say their sub stack, your blog, whatever it
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might be, and puts out, this is what happened in court today, but it's not.
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And they don't necessarily understand what they're watching.
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And that creates a distortion that actually disserves the public.
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So there's that to worry about now that wasn't true in Simpson times, or even Peterson times
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I'll tell you, I've said this before recently, I watched quite a bit of the Paxton impeachment
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I mean, you couldn't, it wasn't being covered as extensively, I think, as you might have expected.
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But I thought it was fascinating to actually watch that, because the way that trial was
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portrayed in the media, and actually watching what happened on the floor of the Texas Senate,
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And it was just wild to me to watch what was happening in social media versus what was actually
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And I mean, maybe I just followed social media, but the social media I saw was like,
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My feed was not, obviously, people who were not watching it, because his lawyers were crushing
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Mind you, I know most of the lawyers involved in, it was an all-star cast of Texas legal
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But the defense, I think, just decimated the prosecution in that case.
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I just clicked on just a couple of the cross-examinations, and they were effective.
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Alec Murdoch may get a new trial because the court clerk in the case is alleged to have
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messed with the jurors, telling them these are the allegations.
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Don't be fooled when Alec Murdoch takes the stand.
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I mean, obviously, blatantly inappropriate things if, in fact, she did it.
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She was like this cheery court clerk who sort of became a star with a lawyer as well.
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Apparently, she was a little too friendly, a little too close to the jurors, or so says
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the defense, and a couple jurors who've signed sworn affidavits saying she did this stuff.
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Now, you have the prosecution weighing in saying it's not true.
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They've apparently found some, I don't know, four other jurors who are now represented by
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this guy, Eric Bland, who's not a prosecutor in the case, saying she was totally appropriate.
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That doesn't necessarily mean she was not inappropriate with other jurors, but he may or may not get
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So I'm wondering whether you think he will, and will it be impacted, the judge's decision
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by the fact that he just pleaded guilty to, I think, 22 federal charges in connection with
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his financial misdeeds, and they each, I think, carry a maximum punishment of 20 years in prison.
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So, I mean, does that make the judge say, we're not retrying this, forget it?
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You tell me quickly in the time we have, Marsha.
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I don't think the charges have to do with fraud and defrauding his personal injury clients
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and probably commingling of funds, stealing from them, et cetera, but not murder.
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I mean, this is really, we've got to see how these jurors affidavits shake out.
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It doesn't help that the clerk also wrote a book about the trial.
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He's got enough to get a hearing, and then when somebody's under oath, we'll see what
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I'll tell you, the fact that she wrote a book, I think, gives a lot of people pause, especially
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And the fact, to you, Megan, there is something maybe in the back of a judge who said that says
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they're going to get a ton of years anyway, so what the heck, I might as well do the hearing.
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So it's like, this guy's going to jail forever, might as well look like I'm fair, give him
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the hearing, and then let it be somebody else's problem.
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Now I want to tell the audience before we go, big guest tomorrow.
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So excited to welcome back to the program, Dan Fongino.