A judge unsealed a 165-page legal brief against Donald Trump. Megyn explains why this is even better than a trial, and why the media should have seen it before Election Day. Plus, a new piece of evidence that could change the outcome of the election.
00:03:13.000Um, all of it lacks any context, and I'm not saying it was at the same level, but lacks any context when it comes to Democratic efforts to overturn elections like Hillary Clinton, Stacey Abrams.
00:06:22.040What we learned on the next day that it actually had some creases in the cuff.
00:06:26.060If, yes, you know, film at 11, stop the presses, not exactly.
00:06:33.860However, it's important for us to understand exactly why they did this, what this is about,
00:06:40.960and what you need to know when you see your leftist friends over the next 30 plus days,
00:06:45.860and they wave this thing in your face and tell you, this is a nightmare, and how could you possibly vote for this guy?
00:06:53.520And so joining me now is Mike Davis to discuss all of that.
00:06:56.220He's founder and president of the Article 3 Project.
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00:07:58.140We asked your partner in discussing crime, Dave Ehrenberg, but he is off for the Jewish holiday.
00:08:04.360So, Shana Tova, Dave, and you and I will fly as a duo today.
00:08:10.520What do you make of the fact that Jack Smith thought it was so important?
00:08:13.760He went to the court and said, please, please at least let me submit something to the public with names redacted so they can read this prior to November 5th.
00:08:23.440It shows total desperation on the Biden-Kamala Justice Department's part.
00:08:30.820They waited nearly three years to bring this unprecedented, I would say, bogus indictment against President Trump for the non-crime of objecting to a presidential election, which is allowed by the Electoral Count Act of 1887.
00:08:47.760They made up four counts against Trump.
00:08:51.440Two of these counts have been struck down in June by the Supreme Court, but that didn't stop Jack Smith from bringing these counts that the court in Fisher said you can't bring.
00:09:03.300These obstruction counts against Trump that relate to corporate fraud after Enron that Jack Smith has now weaponized against President Trump.
00:09:12.440And if you read this document, it's very clear this is a political document.
00:09:16.480Jack Smith knows that he's not going to be able to get this case tried before November 5th.
00:09:23.100And so, as you said, Megan, this is trial by paper.
00:09:25.960This is Jack Smith putting every allegation he can come up with in this 165-page document.
00:09:33.740Jack Smith knows that Trump can't respond to this.
00:09:37.020Jack Smith knows this is a one-sided political story, and they're desperate to get this out there.
00:09:42.820And D.C. Obama judge did gymnastics to allow Jack Smith to do this.
00:09:49.240This is an unprecedented thing that they've done, that they've allowed this political document to come out before President Trump, as the defendant, filed a motion to dismiss, which is the regular order.
00:10:01.440And it just shows that this Biden-Kamala special counsel, Jack Smith, and this D.C. Obama judge, Tanya Chutkin, are political actors who are trying to interfere in the 2024 presidential election, something that they are accusing Trump of doing in 2020 and something they say is now a crime.
00:10:21.800Yeah, something they indicted Trump for doing.
00:10:24.980Even Judge Mershon in the New York State business records case against Trump said,
00:10:32.860I'm going to hold off on the sentencing because I see that there's a presidential election.
00:10:39.860I mean, you couldn't find a more partisan judge.
00:10:42.360Even he was like, this is a bridge too far.
00:10:46.100I know it really would be election interference if I held this sentencing hearing now.
00:10:50.400But Judge Chutkin, not a qualm, put it out there, Jack Smith, a one-sided document to which Trump cannot reasonably respond within the next three weeks as is due.
00:11:02.100Even Jack Smith's defenders have been saying there's no question Trump will need an extension.
00:16:05.220But but importantly, when they do that, they will at least be unable to run away from the factual contentions as laid out by Jack Smith.
00:16:13.540As I said, metaphorically turn to any page in the Smith filing and treason will fall off the shelf and hit you in the effing head.
00:16:22.240There may never be a Trump trial because a Trump election would erase the chance of it.
00:16:28.500And with that would erase the entirety, the entirety of justice in the United States of America.
00:16:34.140And with that, erase the entirety of the United States of America.
00:16:40.180Treason and the U.S. of America goes away if you read this and tell me your thoughts on all that, Mike.
00:16:46.440It's like watching a therapy session of Trump deranged lunatics.
00:16:52.120And what's so funny about watching this is they so desperately want real Americans in real America to actually believe that Trump's the gravest threat to democracy after Biden and Kamala tried to bankrupt Trump, throw him in prison for the rest of his life, take him off the ballot so the American people don't have a choice, take away his Secret Service protection, underfunded twice and almost have him killed twice.
00:17:21.620And when that all didn't work, they had Kamala Harris, who did not receive one Democrat primary vote in her life for president, got Joe Biden in a bloodless coup and throw out 14 million Democrat primary votes and install Kamala Harris as their nominee.
00:17:40.960And they want to lecture Donald Trump and his supporters about democracy.
00:18:22.560They had the fake impeachment over what Trump calls the perfect phone call with the with Ukraine.
00:18:29.980They spent the entire four years trying to ruin his presidency and say he had committed impeachable and illegal acts the whole time.
00:18:40.180So people really need to keep their reaction to what happened on January 6th, which was a very bad, unfortunate protest in perspective.
00:18:49.240How many very bad, horrible protests have the Democrats foisted on this country over the last four or five years without apology, without any accountability, never mind an impeachment and multiple criminal charges?
00:20:35.960It is not a crime to be a jerk, right?
00:20:40.360And if it were a crime to be a jerk, I think that just about every politician in Washington, D.C., except for Chuck Grassley, my former boss, the nicest guy in D.C., everyone else, I think, would be in prison if it were a crime to be a jerk.
00:20:55.060And so you have to – that's the problem with this whole case.
00:20:57.600You have to separate the political and the personal, as you said, Megan, versus what's actually criminal.
00:21:04.160What did Trump do on January 6th that was criminal?
00:21:08.660And the answer is nothing unless you have evidence that Trump incited the riot on January 6th.
00:21:16.180And that evidence does not exist because Jack Smith has not charged him with inciting the riot.
00:21:20.960Trump did not and could not have committed a crime on January 6th.
00:22:01.260He agreed he had not seen anything to substantiate her allegations, I think.
00:22:06.060All right, so all of this is meant to show us, Mike, that Trump knew he had lost and yet pushed false voting claims, false claims about the voting process.
00:22:17.620The fact that he thought Sidney Powell was nuts does not disprove that Trump believed he had rightfully won the election.
00:22:53.220You threw out the evidence gatherers, and then they mass-mailed ballots out to old voter lists, and they got rid of signature verification because somehow COVID changes your signature.
00:23:04.360So if the Democrats – if the Democrats don't at least concede that the 2020 election was highly irregular, they're not being honest themselves.
00:23:16.060There is a paragraph in here which says that Trump said to his family in advance of the election that – hold on, I'm trying to get at page 15 – a Trump operative.
00:23:32.400Again, more hearsay, as was the last paragraph I read, I should – about Sidney Powell.
00:23:37.940Page 15, a Trump operative who was the assistant to the president and director of Oval Office Ops told investigators he witnessed Trump making an unprompted comment to his family members, most likely wife Melania, daughter Ivanka, and son-in-law Jared Kushner.
00:23:53.180Quote, it doesn't matter if you won or lost the election.
00:23:58.700The brief calls this statement plainly private because if it's an official statement and in his official capacity as president, it's immune, can't be the basis of a claim, and it can't be used as evidence against him per that Supreme Court ruling.
00:24:11.200Plainly private because it was about the election and delivered to family members.
00:24:15.280No, no, that's not true with what Jack Smith said, that that's purely personal because the Supreme Court in the presidential immunity decision said not only can you not use official acts, you can't take evidence from, for example, the deputy White House chief of staff for operations, which is exactly what Jack Smith did there.
00:24:33.680You can't use that evidence under the Supreme Court's presidential immunity decision.
00:24:40.340As and that's the other thing, like about his conversations with Mike Pence, they're trying to get in conversations he had with Mike Pence.
00:24:47.760If he can't, if you can't get in conversations between the president and his attorney general, which the Supreme Court already ruled, how do you get in conversations between the president and the vice president?
00:24:56.240That's, it's, it's, it's, it's very interesting.
00:24:59.260So remember the, the Supreme Court and the Fisher, excuse me, and the presidential immunity decision said that the, that, that, that the justice department, what Trump did with the justice department is absolutely immune.
00:25:13.960And what President Trump did with his vice president is at least presumptively immune.
00:25:20.640And Jack Smith didn't even consider that.
00:25:23.640He just took everything that Trump did with vice president Pence and put it back in his superseding indictment, just like Jack Smith put in the two, the, the two post Enron charges that the Supreme Court and the Fisher decision decision in June said that the, that the government cannot do.
00:25:41.620So that Jack Smith essentially just ignored the Supreme Court's presidential immunity decision and took, took out the justice department stuff and put in everything else.
00:25:52.640I mean, the fact that he didn't adjust based on Fisher was absolutely outrageous, which said, Hey, that main claim that's been brought against all these J six defendants and the main claim against Trump is not a claim for January six behavior.
00:26:03.560It's a claim for people like Arthur Anderson that shredded documents while under subpoena in the Enron scandal.
00:26:09.240It's not about finding some lawmaker or official who behaved badly and didn't perfectly comport with what you wanted him to outside of a congressional hearing that was happening inside the Capitol.
00:26:20.520But Jack Smith acted like that ruling was never handed down.
00:26:23.620He'll learn the hard way from the U S Supreme court.
00:26:25.520It was, this is another situation, Mike, where we've got, okay, what does that mean?
00:26:30.600So some witness, some alleged witness overheard a family conversation prior to the election where he said, it doesn't matter if you won or lost the election, you still have to fight like hell.
00:26:42.240Fight like healthier principles, fight like hell for the unborn fight, like hell for the American people.
00:26:47.240Even if I'm out of office, this is the problem in having a one-sided brief dropped on us 30 days out.
00:26:54.060And it's not, it's not a crime to object to the presidential election.
00:26:59.260And that's, again, if it were a crime, you would have Democrats going to prison for objecting to Republican wins in 1969, 2001, 2005 and 2017.
00:27:11.880I don't see Al Gore and John Kerry and Hillary Clinton in prison for objecting to Republican wins.
00:27:19.360Hillary Clinton still says that the 2016 election was stolen from her and she maintains that position eight years later.
00:27:29.620Again, what happened on January 6th, it was a lawful protest permitted by the national park service that devolved into a riot.
00:27:39.360And the problem is, is that Democrats have said it's an insurrection.
00:27:43.940There's zero evidence of an insurrection.
00:27:46.400There is zero charge of an insurrection.
00:27:49.540And so what you have to do on January 6th is there are three categories of people there that who are there.
00:27:54.500There were people who were there peacefully protesting outside the Capitol.
00:27:58.600Even if you think they're wrong, even if you think they're crazy, they have an absolute First Amendment right to be there.
00:28:04.460And then there are people who trespassed and they should be charged with trespass.
00:28:08.400And then there were people who were violent and they should be charged more harshly.
00:28:12.840But if you're not going to charge BLM and Antifa rioters who attacked the Portland Federal Courthouse and the White House and caused two billion dollars in damage across America over several months and killed dozens of people.
00:28:26.240If you're not going to charge left wing rioters, then I don't want to hear their crocodile tears about right wing rioters.
00:28:50.720If you look at the actual brief, the prosecutor here, Jack Smith, is describing an effort by Trump operatives to, quote, create chaos.
00:28:58.600He raises the fracas at the Detroit Counting Center, pointing to evidence.
00:29:04.540This is via CNN pointing to evidence that a campaign staffer upon learning that a heavy incoming batch of votes leaned Biden asked for options to file litigation.
00:29:17.800Even if it was, I think, BS is what they they mean.
00:29:22.220The same campaign operative, not Trump, said make them riot when told that protests at the Counting Center were heading in the direction of the so-called Brooks Brothers riot that disrupted the 2000 Florida count between Gore and George W. Bush.
00:29:38.200OK, so that's some camp, some rando campaign operatives operative in Detroit.
00:30:12.940We have no idea who rando campaign operative in Detroit is or whether anything was done as a result of said knuckleheaded comment.
00:30:20.400And I don't understand how that that supposed evidence would be admissible at all in this case against President Trump.
00:30:29.460How is it relevant at all to the charges against President Trump in this case?
00:30:34.360I mean, it's just it seems like it's that Jack Smith and Tanya Shuckin gratuitously put this in this hundred and sixty five page political documents in October before the November 5th election, because it's pretty obvious that they're trying to do political damage to President Trump before the election because they fear American voters on November 5th.
00:56:10.180Like when he's diagramming those sentences in the first grade, he accidentally mixed up the part where you're supposed to say, I never served in combat.
00:56:18.460And he substituted the one where he said, I did serve in combat.
00:56:23.700My wife and I used IVF to conceive our child.
00:56:26.900I mean, the real takeaway from this is, one, Tim Walz's low opinion of people.
00:56:33.720He says that everyone's a cynical liar.
00:56:35.640And in his defense, most of the people around him probably are cynical liars.
00:56:39.880The establishment media, the Democrat politicians.
00:56:42.520And he's very practiced in this himself.
00:56:45.680The other big takeaway, though, and it's where I have a little sympathy for the guy, maybe not empathy, but sympathy for the guy, is he has no good answer here.
00:56:54.220Because people very rarely lie a little bit.
00:56:59.140People very rarely lie about one thing and never about anything else.
00:57:03.640Either you're an honest person or you're not an honest person.
00:57:06.120Either you endeavor to be honest or you endeavor to deceive people.
00:57:11.360And so people do sometimes have a slip of the tongue.
00:57:13.920But that's not what's going on with Tim Walz here.
00:57:15.840In that first clip that you played, Megan, Tim Walz, and he lies so much this wasn't even really noticed, he cops to another lie he's told.
00:57:24.080He's previously said that he's visited China 30-plus times.
00:57:27.640He said he's visited China on another occasion dozens of times.
00:57:30.980There, you heard him say that he's visited China 15 times.
00:57:34.080I don't know if he even knows how many times he's visited China.
00:57:37.300I don't know that he can any longer discern between truth and falsehood.
00:57:42.240He lies with ease, and there's a great deal of wisdom to the old idiom, what a tangled web we weave when we practice to deceive.
00:58:21.460He lied about being a retired command sergeant major, which is a post he only held temporarily and didn't actually earn.
00:58:28.000He's not allowed to call himself that.
00:58:29.580He lied about carrying a weapon in war.
00:58:31.820He carried a weapon, presumably as a National Guardsman, but he never went to war.
00:58:35.820He lied about the IVF thing when he'd only had IUI.
00:58:38.880His wife had had IUI, which is a totally different procedure.
00:58:41.560He lied about getting a commendation from the Nebraska Chamber of Commerce, which wasn't true.
00:58:45.780Now he lies about going to China 30 times when, in fact, it was half that, 15, which he was forced to admit when the Minnesota public radio folks called him up to say,
00:59:02.400He lied about being in China when Tiananmen Square happened.
00:59:07.020And it appears he even lied about his son witnessing a school shooting, a shooting, which it was a comment he made when they were discussing school shootings at the vice presidential debate on Tuesday night.
00:59:22.580That's what the subject was, the school shootings.
00:59:54.040As a member of Congress, I sat in my office, surrounded by dozens of the Sandy Hook parents, and they were looking at my 7-year-old picture on the wall.
01:00:26.820Well, it turns out, Paul Sperry at Real Clear Politics tweeted this out first, that the son was inside the community center when this happened.
01:00:35.300It was a shooting that occurred outside the community center.
01:00:39.140And it, not for nothing, but it had nothing to do with a school shooting.
01:00:42.100It was two people involved in some sort of a workplace dispute around the community center.
01:00:46.700There's just a constant need to embellish, to make it more than it was, so that it makes Tim Walls look better, or like he can relate more to an issue.
01:00:59.360Megan, you know, I think you're being a little nice to Tim Walls here, okay?
01:01:05.600Embellishment is when you say 50,000 people came to my rally, and it was really 47,000.
01:01:10.380When you say I was in Tiananmen Square when you weren't, when you say my wife and I used IVF when you didn't, when you say I carried weapons in war and you never went to war in a combat zone, you know, it's just a lie.
01:01:23.340The guy just lies, and I thought what J.D. Vance did there was so brilliant.
01:01:27.400His whole debate performance was absolutely magnificent, and I thought in tone, in substance, he was just right on the money.
01:01:35.100What he did there, though, I thought was so brilliant, which was he didn't question Tim Walls' story, which he would have been totally justified in doing because Walls has lied about so much else.
01:01:44.180He just doesn't have any credibility, but he didn't question the story, he didn't appear insensitive, he didn't appear aggressive, he just called attention to it.
01:01:50.980You heard he said, wow, Tim, I didn't know that your 17-year-old son witnessed a school shooting.
01:01:57.340You know, Christ have mercy, that's so awful.
01:02:00.340And then he moved on and made his point, which flagged that.
01:02:06.920So when the fact checks inevitably came out, they would point out that once again, Tim Walls is lying.
01:02:12.640And this is really disturbing, because everybody, sometimes we exaggerate, we engage in a little hyperbole, and sometimes people tell lies.
01:02:20.280And then, you know, if you have a conscience about it, then maybe you go confess your lies, you feel bad about it, you apologize for it.
01:02:26.440But when people engage in the kind of pathological dishonesty that Tim Walls has done, that is a big red flag.
01:02:36.020That's not different in degree from saying, my crowd sizes are bigger.
01:02:42.880That is engaging in a kind of fraud and deception that should send a chill down the spine of anybody who might be living under a government in part run by this guy.
01:02:53.280It's really disturbing, because he mentions the son as the amount of damage that is done to a child who witnesses something like a school shooting or a shooting at a community center would qualify to.
01:03:07.480It would be something that you'd definitely remember if he had said, my son witnessed the murder of another person.
01:03:15.540I mean, that's a very small slice of the American populace who's actually witnessed something like this.
01:03:20.180And the careful parent, responsible politician, would say, my son witnessed the aftermath of one of these things, and that was bad enough.
01:03:30.640And then you would stick with the actual trauma he claims to have sat with the Newtown families.
01:03:35.400He claims that one of the students who was involved in the Parkland shooting, David Hogg, is a close friend of his.
01:03:42.780You would stick with people like that and say, I've spoken with kids who were in these schools or family members who lost kids in these schools.
01:03:50.420That kind of trauma doesn't heal, whatever.
01:03:52.740But you would not inject your own child in it and try to attribute that trauma directly to him on something it appears he did not witness.
01:04:01.680Now, maybe there's a scenario, Michael, that comes out in which his son wasn't playing basketball or what have you inside the community center,
01:04:07.240but happened to be staring out the window at the very moment this happened.
01:04:41.080And then I thought the clearest lie during the whole debate was when J.D. Vance, again, subtly, respectfully, quite persuasively,
01:04:51.320pointed out that as governor of Minnesota, Tim Wall signed a law to remove reporting requirements for babies who survive abortion and who are born alive
01:05:01.340and to remove the requirement that physicians provide medical care to those babies who are born alive after surviving abortion.
01:05:08.080And Tim Walls said repeatedly, that isn't true.
01:06:36.720And yet here's the exchange Michael Knowles just talked about.
01:06:39.300Now, you're free to disagree with me on this and explain this to me, but as I read the Minnesota law that you signed into law, the statute that you signed into law, it says that a doctor who presides over an abortion where the baby survives, the doctor is under no obligation to provide life-saving care to a baby who survives a botched late-term abortion.
01:07:00.400That is, I think, whether you're pro-choice or pro-abortion, that is fundamentally barbaric.
01:07:06.700These are women's decisions to make about their health care decisions and the physicians who know best when they need to do this.
01:07:13.240Trying to distort the way a law is written to try and make a point, that's not it at all.
01:39:12.720This is so obviously unjust that the girls have to suffer in their own sport because some perverse man wants to have an advantage on them.
01:39:21.620So what they're doing is important and brave and significant just from a standpoint of politics, but also it's just smart for their own health.
01:39:33.500These girls could be permanently paralyzed if they play against this guy.