Michael Cohen Hammered by Defense, and Raising Resilient Kids, with Gary Vaynerchuk, Andy McCarthy, and Dave Aronberg | Ep. 794
Episode Stats
Length
2 hours and 3 minutes
Words per minute
179.72604
Harmful content
Misogyny
15
sentences flagged
Toxicity
41
sentences flagged
Hate speech
12
sentences flagged
Summary
The Trump trial is back in session and Michael Cohen is being cross-examined by his own lawyer, Andy McCarthy. Meanwhile, Megynkellek sits down with TikTok founder and entrepreneur Dave Ehrenberg to discuss the impact TikTok is having on the world.
Transcript
00:00:02.800
Some days bring growth, others bring challenges.
00:00:05.940
But what if you or a partner needs to step away?
00:00:08.820
When the unexpected happens, count on Canada Life's flexible life and health insurance
00:00:13.680
to help your business keep working, even when you can't.
00:00:17.020
Don't let life's challenges stand in the way of your success.
00:00:22.500
Visit canadalife.com slash business protection to learn more.
00:00:30.980
Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
00:00:43.380
Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show.
00:00:46.420
It's Thursday, so the Trump trial is back in session.
00:00:49.780
Michael Cohen back on the stand and getting hammered during cross-examination.
00:00:53.820
It's getting kind of fun from what we hear inside the courtroom.
00:00:56.920
The jury is now paying attention. They no longer look bored.
00:00:59.400
And it's on between the Trump defense attorneys and this proven liar, this admitted liar.
0.99
00:01:06.160
I mean, watching him try to wiggle out of his lies is actually slightly stomach-turning.
1.00
00:01:10.060
He's so gross. I mean, Andy's going to make the point.
0.95
00:01:18.060
That, you know, it's a little tricky because the more of a scumbag they make this guy into,
1.00
00:01:24.660
and he is a scumbag, the more Trump risks the jury looking at him being like,
1.00
00:01:32.540
This is the guy you brought on to work for you for over a decade as like your, quote, fixer?
0.99
00:01:39.680
Stormy Daniels is a person you allegedly let into your hotel room.
0.99
00:01:47.200
And I'm sorry, but there may be some effect with those married women in the suburbs with all that.
0.99
00:01:56.580
If I ever were to get indicted and they had Abigail Finan on the stand for three days,
0.95
00:02:03.480
I'd be with love for people to see my right-hand person or my lawyer.
00:02:10.180
My lawyer is an upstanding, well-respected fight.
00:02:16.180
But like within the lines, he's an ethical man.
00:02:25.600
I feel like somebody had some disgusting movie on that I had to watch and I didn't want to.
00:02:32.280
So Andy's going to be here in Seoul, Dave Ehrenberg, in just a minute.
00:02:35.320
But we begin with a first-time guest on the show.
00:02:39.180
170 million people in America use TikTok right now,
00:02:42.980
as it's being forced to divest from China or be banned in the U.S., right?
00:02:48.860
They're being forced to separate from their ownership or be banned inside the United States.
00:02:52.880
This comes as recent polling finds more and more young people
00:02:58.180
We've got the perfect guest to discuss how social media is influencing our youth and beyond,
00:03:07.680
Gary Vaynerchuk, also known as Gary V, has millions of followers online
00:03:11.900
and is a prolific entrepreneur and investor behind brands like Facebook, Uber, you name it.
00:03:17.360
His rags-to-riches story has inspired people around the globe,
00:03:21.200
and he's generous with his advice to help others to succeed in their own right.
00:03:26.140
This video alone has more than 55 million views on TikTok.
00:03:30.940
Negativity is dramatically louder than positivity.
00:03:35.160
If you analyze the world, social media, mainstream media, your household,
00:03:43.180
Positivity tends to be quiet because it's got internal strength to deal with the negativity,
00:03:49.160
and it doesn't bother itself with the negativity.
00:03:52.720
Because of that, we have a world that is louder about bad and quieter about good.
00:03:58.260
When this became obvious to me, I felt like I had to get loud about the truth of the world.
00:04:06.160
The world is better today than it's ever been in the history of mankind.
00:04:11.760
His new book, Day Trading Attention, is set to be released next week
00:04:22.140
Make sure your team is taken care of through every twist and turn
00:04:25.300
with Canada Life savings, retirement, and benefits plans.
00:04:29.000
Whether you want to grow your team, support your employees at every stage,
00:04:32.520
or build a workplace people want to be a part of,
00:04:35.520
Canada Life has flexible plans for companies of all sizes,
00:04:39.000
so it's easy to find a solution that works for you.
00:04:56.460
because you seem to be in the business of positivity,
00:04:58.340
and I would venture to say I'm in the opposite kind of business.
00:05:06.860
but I wouldn't say it's a positive lane of professionalism.
00:05:13.020
You know, the news has historically run with the waves of the world, right?
00:05:17.660
If you go look at, you know, the news in 1992 after the Berlin Wall falls,
00:05:22.740
and we're in this moment of pre-internet and good prosperity.
00:05:26.460
And like, so, you know, you just happen to find yourself during an era that looks more like the 60s
00:05:31.580
and other eras where, look, unfortunately, and I don't think anybody on any side is like thrilled
00:05:36.160
that there's so much contentiousness and anxiety and, you know, debate going on.
00:05:44.400
You know, to me, positivity is something people struggle with because most people think it's delusion,
00:05:53.680
Like, you know, I was born in the Soviet Union and came to this country as a little boy
00:05:59.500
and like, you know, really worked ridiculously hard to get to where I am today.
00:06:04.780
And the only way you do that is not through delusion.
00:06:09.400
So for me, believe it or not, I actually think positivity is practical because I do believe
00:06:16.160
To your point, when you have to report on the news, and if there is a lot of anxiety and
00:06:22.060
tension and conflict going on, well, that's going to be what you're seeing, right?
00:06:26.760
On the flip side, if you're someone like me that focuses on entrepreneurship and growth
00:06:31.420
and where the opportunities are, every day I'm seeing people create new, incredible
00:06:37.340
things for themselves and their families and for the people around them.
00:06:41.520
And so, you know, to your point, it's just a little bit of the luck of the draw that my
00:06:45.420
life is within entrepreneur land, which is very heavily predicated on offense, aka practical
00:06:55.040
So you're a big tech investor, which would require some positivity in the early days, the
00:06:59.280
ability to see the dream and not crap all over it because it hasn't yet been realized.
00:07:03.820
And you've done very well in choosing where to invest.
00:07:09.320
I know you're mad at yourself for not investing more in Uber, but how were you able to see the
00:07:16.140
How were you able to see the vision when so many did not?
00:07:20.520
It's why I wrote this new book, Day Trading Attention.
00:07:25.140
Where is the attention of society right now, platform-wise, and what's interesting in culture?
00:07:33.240
So I focus on two things, distribution and what topics are.
00:07:37.780
This is something that will land with you very well because you've masterly built an incredible
00:07:42.100
career, I think, in understanding both of these things.
00:07:47.620
I don't have to tell you, since you grew up in that industry and era, television is changing.
00:07:52.800
What we're doing together right now, you and I, radio has changed, both with Sirius and
00:07:58.800
And social, I think, is just an enormous thing that people misunderstand.
00:08:09.380
I'm talking about from a marketing business standpoint.
00:08:11.540
I'm talking about Louis Vuitton and BMW and Nike.
00:08:15.100
And very honestly, the people that are driving right now and listening, whether they own a car
00:08:19.440
wash company or a flower shop or a liquor store, or they're a lawyer that wants to get more
00:08:24.160
clients, the amount of opportunity within social is extraordinary.
00:08:31.200
Just telling everybody right now on this show, go post on Facebook and Instagram and TikTok
00:08:35.380
and YouTube shorts and LinkedIn and Snapchat and Pinterest as often as you can.
00:08:45.340
And so, you know, what I'm seeing right now is the greatest opportunity for people to
00:08:50.200
build fame, awareness, win their local elections or sell stuff, grow their business, reverse
00:08:59.460
the negative trends that their business are feeling by growing or starting something.
00:09:04.160
And by far the biggest opportunity is absolutely organic social media, posting diligently, strategically,
00:09:11.380
being good at it, but doing it at volume daily.
00:09:15.680
And I view this kind of like health and wellness.
00:09:17.640
Like if you eat well and you put in work in the gym, miraculously, you look better than if
00:09:25.940
And so the people that are actually good at day trading, you know, you would be flabbergasted
00:09:30.900
by the level of science and effort that me and my organization, I have 2000, I run a very
00:09:38.780
Think of it as like the, for everybody who's listening, the madmen of this era, right?
00:09:43.040
We're the fastest growing, biggest, largest global agency.
00:09:46.140
We have hundreds of people who are employed every day working on just trying to figure out
00:09:52.120
how the first three seconds of a video should look, what copy should be there?
00:09:59.480
Which platform is giving you more extra reach right now?
00:10:04.080
And I would argue, I would argue everybody that's listening to this right now, grossly
00:10:09.220
underestimates a, how complex and fruitful it is to be remarkable at marketing on social,
00:10:22.040
The Superbowl, Megan, is by far the most underpriced ad and advertising.
00:10:25.560
For $8 million, you get 130 million Americans to watch your video.
00:10:29.960
The problem is, if your 30 second video stinks, you just wasted $30 million because it's not
00:10:36.060
just buying the media, you got to make the commercial, you got to pay the celebrity that's
00:10:41.660
So the media is underpriced, the attention is underpriced, but the creative is the variable.
00:10:47.280
Even using your career, there have been many people that have been on television that have
00:10:52.640
been given a shot, but if they're not compelling, if the content isn't good, they don't have long
00:10:59.040
careers with lots of opportunities like you have.
00:11:01.600
So to me, it's not only getting the attention, but then do you know what to do with it once
00:11:10.200
I've thought about this in the past when you take somebody like, let's take a Joe Rogan,
00:11:14.560
who one of the things I admire about Joe Rogan is he never gives interviews.
00:11:17.960
He, you never see the splashy magazine layout with Joe in a lawn chair in the hand behind
00:11:24.280
the head, you know, you, you don't see him going on everybody else's podcast to promote
00:11:29.340
his podcast, but he got into it a lot earlier than virtually everyone else.
00:11:35.740
So he's had years and years and years to build it up, but he does almost no promotion.
00:11:40.980
And even like the past couple of years, he's become a bigger star.
00:11:44.220
So he kind of gets, I don't know, organic promotion as people talk about the news he's
00:11:48.260
discussing or making, but how does a guy like that with absolutely no marketing effort
00:11:58.920
When he, and also, and you'll know this because it's the interview game, as you know, so many
00:12:03.880
of the programs that you grow up, you grew up in and probably what you looked up to and
00:12:08.000
admired when you were growing up, the guest mattered, you know, Barbara Walters getting
00:12:14.600
We tuned in because we wanted to actually hear from who she was interviewing.
00:12:18.000
So he interviewed a lot of emerging up and coming comedians and thought leaders, excuse
00:12:24.780
And so it was a combination of both being very good at getting people that were on the come
0.99
00:12:30.460
up, which is a big part of how I think about day trading attention.
00:12:33.760
It is about finding emerging talent or emerging trends in fashion, food, politics, news, whatever
00:12:44.860
YouTube, I mean, a lot of people don't know this.
00:12:46.840
YouTube is the second biggest search engine in the world.
00:12:49.480
Google is number one and YouTube is number two.
00:12:52.060
And a lot of people search those personalities or topics.
00:12:56.780
They're like, wait, is that the fear factor guy?
00:13:03.020
It was funny to hear you say, and you said it right.
00:13:07.940
You said it virtually before most correct at scale.
00:13:15.260
Joe started podcasting five or six years after most of the people that I saw start podcasting
00:13:22.440
And so like, it's crazy how early some of these stuff starts.
00:13:30.960
But TikTok from a marketing standpoint, everyone is aware of it.
00:13:34.220
Now, there's videos of me in 2014 talking about an app called musically, which was basically
00:13:39.880
TikTok and then TikTok bought it and incorporated in.
00:13:42.980
There are people and, you know, this same with research or getting the scoop in news.
00:13:49.280
There are people that are just actually in the dirt, meaning they're they're doing the
00:13:58.920
For example, I wake up every day and I look at the app store to look at the top 100 free
00:14:04.480
apps just to see if anything's emerging on it that might become the next TikTok or Facebook,
00:14:17.600
But I choose to want to know what's rising and that has allowed me to be a good investor
00:14:26.360
And I think that that is what I would challenge everyone who's listening to so many people
00:14:31.260
listening right now on the left, on the right, in corporate, in entrepreneurial land.
00:14:35.600
They dismiss social because they tried it a little bit or they have some sort of emotional
00:14:40.300
feeling towards it politically, normally or socially bad for the kids, bad for the country,
00:14:47.620
What I mean by that is you're allowed to think anything you want.
00:14:50.940
What I'm excited about is for the people that are trying to build something here, this is
00:14:59.600
You'll appreciate this because you've been around it long enough to know how real what
00:15:03.420
I'm about to say is social that you and I grew up with was more like email marketing.
00:15:07.880
We tried to amass as many followers as possible.
00:15:10.440
And then every day, a certain percentage of those people would see our post.
00:15:14.260
Social in the last three years is now every individual post has the potential to get tremendous
00:15:22.820
So you showed a video earlier that got 55 million views.
00:15:25.760
I'm going to open it right now just to really, because I want people to be educated with me
00:15:30.960
My latest post on TikTok currently has 5,600 views.
00:15:44.580
You would stay within the same range because you had a certain amount of followers.
00:15:54.180
Let me tell you why this is incredibly intoxicating.
00:15:56.700
That means every person listening right now who's never used social to build up their business
00:16:02.600
or any other thing that matters to them, donations for their nonprofit, awareness to support their
00:16:08.920
friend who's running for local office or anything else.
00:16:12.120
That means anyone listening right now who's not put in the 15 years of work that I've put
00:16:16.300
in to get to this place, they can post one video and it can get more views than I've got
00:16:21.520
because they made a good video that people care about.
00:16:23.520
That is a level of meritocracy and democracy that is unheard of in the business and marketing
00:16:29.520
That's why social media is so incredibly unbelievable for businesses, entrepreneurs, and corporations.
00:16:36.500
And again, the book is called Day Trading Attention.
00:16:40.680
The person I'm thinking about now is Mr. Beast because I met him at a conference last year
00:16:44.860
and he was there and so was the head of YouTube.
00:16:47.820
And the head of YouTube got up there after Mr. Beast had been interviewed and it was very
00:16:53.400
interesting, but the head of YouTube was saying, Jimmy sits there all day and tries to figure
00:17:04.540
This is not just some kid who came up with like goofy videos to do that would make people
00:17:10.240
He figured out early on what you're saying, what will get the 55 million and what won't and
00:17:21.460
And by the way, like, cause I think words matter really not exploited it really just
00:17:37.000
You could say LeBron James got lucky, but it's not true.
00:17:41.620
He was gifted physically, but there was a lot of work into it, right?
00:17:45.500
You could say anything you want to your point, Jimmy, I'm sorry, Mr. Beast.
00:17:51.140
Like I've watched him because I've been in the game.
00:17:54.320
I mean, I posted my first YouTube video around wine on February 21st, 2006.
00:18:04.200
And what I can tell you was very early on, which is why I have a relationship with him.
00:18:08.440
It was obvious to me that he was going to win because he understood thumbnail culture.
0.78
00:18:14.040
Think about everybody telling you and every show you've ever been on that you got lucky.
00:18:21.640
They don't know how much writing goes into it, how much prep work, the cadence, the strategy
00:18:26.220
of what you're going to say before you go to commercial break when you do television.
00:18:33.400
And so that what I'm excited about is the reason I wrote the book is between my agency
00:18:39.380
and where I am in my career and because things are changing so fast right now, what I wrote
00:18:44.200
out here more in a textbook environment than anything else, a blueprint, a manual is what
00:18:54.440
There are people doing on every platform from LinkedIn to Pinterest to Facebook to Twitter
00:19:02.460
And every person listening has the propensity or opportunity to be better at one or two
00:19:08.240
I have a lot of pride that I'm one of the few people on earth that has a tremendous following
00:19:14.580
And obviously my organization markets on all of them.
00:19:17.100
And what I tried to do in this book was teach people why each platform is different, how
00:19:22.680
you can pop on one versus the other based on these skill sets.
00:19:26.680
Be self-aware and know if you want to be in videos or if you want to be a writer or if
00:19:34.360
What I don't want, which is the biggest issue, is I don't want people crying that they can't.
00:19:39.320
I want people to be accountable and understand they can if they choose to.
00:19:43.000
You know, people are sitting out there right now, Gary, thinking,
00:19:55.420
I'm a home designer or I'm whatever, a photographer.
00:20:05.060
But I also, the reason I was so excited seven minutes ago is I'm going to say it again.
00:20:09.740
Sally, who's sitting and listening right now, if you were a manager of a local flower
00:20:14.780
store in Madison, Wisconsin, and you've never posted, but you'd like the store to do better
00:20:20.540
because you'd like to be an owner of your own flower shop, the fact that you can make
00:20:24.600
a video right now and post it on TikTok or Facebook or Meta, and it has a chance of getting
00:20:28.860
more views than a video that I post or Megan posts.
00:20:32.780
That is a level of merit and a level of speeding up the shortcut of what you missed out on.
00:20:40.860
And if you don't do anything about it, listening right now says, well, I'm still not going to,
00:20:48.060
they need to understand that they're the problem.
00:20:50.140
Now, if they don't complain, Megan, then I'm fine.
00:20:52.280
If you don't have the ambition to build your business, if you prefer your macro privacy
00:21:01.100
My rant right now is for the people that sit around and complain and say everyone else is
00:21:11.420
If you're content and thrilled with life and have no interest in growing your business or
00:21:16.460
your economic opportunities or your influence opportunities, I, you know, it's not my cup
00:21:26.460
People should be able to see the world differently and live different lives.
00:21:29.620
But if you are a complainer, if you are a jealous Johnny, if you point fingers instead
00:21:35.940
of pointing thumbs, you have no excuse because even the excuse of, well, Gary, you got in early
00:21:40.980
and yes, you did work hard, but you're eight years ahead of me.
00:21:43.800
The fact that the algorithms and social media are now completely empty and based on people's
00:21:48.660
interest in the first hundred people that are served that video, that is a level of
00:21:53.000
opportunity that is like the gold rush in back in the day when everybody moved out to
00:22:02.120
And most people aren't talking about this because they bucket social media into this just
00:22:12.260
And I'm, as you could probably tell by my voice, I want this for people.
00:22:19.220
I just don't, I, I, I think if, and by the way, if you're listening right now and you don't
00:22:24.040
think you can't, you need to rethink who you surround yourself with.
00:22:27.280
Sometimes it's your cynical mom or your, or your best friend.
00:22:31.000
People need to be very, very, very particular about who they hang out with and what they listen
00:22:36.560
Because if you're in that muckery, you're not going to do it.
00:22:39.500
Of course, if you think the world sucks and you never can, you're not going to do anything.
00:22:43.140
But the second you think you can, it changes everything.
00:22:46.340
And, and for years I've been talking about this, but the opportunity is bigger now because
00:22:53.480
Megan, as you know, now in a way that you didn't six years ago.
00:22:57.840
I know if you're, you're sitting out there and you're thinking, I can't, I don't have
00:23:02.640
I don't be in a, you're like actually try to consider whether that kind of thinking is
00:23:07.680
your worst enemy and nothing beyond that kind of thinking is your worst enemy that you could
00:23:10.960
actually be on your path toward going viral with your product, with your store, with your
00:23:16.580
If you just pay attention to what's working and if you buy day trading attention, which
00:23:20.880
isn't about day trading and sitting there pushing stocks.
00:23:23.740
It's about all the stuff that we're talking about right now and how anybody can grow their
00:23:27.240
business exponentially with, by being smart and putting in a little like elbow grease.
00:23:33.640
It's, you know, just let's make this very simple for everybody.
00:23:41.140
Let's not, let's, I think a lot of people that are listening will agree with me on this.
00:23:44.540
We, anyone in your circles that demonizes hard work, I'm not asking for people to burn
00:23:50.080
out and have mental breakdowns, but anyone who doesn't understand that elbow grease, well
00:23:55.380
said, is a part of the equation to get to a happier place.
00:23:59.080
They're very delusional of the history of life.
00:24:04.380
Honestly, even in my job, I think that people trust me because they know I give them facts
00:24:11.180
I don't just come out here and read what I, what I saw on X.
00:24:13.860
And over the years, people build up a trust of you, you know, with you like, okay, she
00:24:21.580
And they know that like to, to deliver these complex things in a way that's digestible
00:24:27.140
I would say that's the difference between myself and many, many in the news industry.
00:24:38.980
I mean, I'm completely aware that you didn't stumble into this audience.
00:24:47.300
I mean, it doesn't matter what it is that that's your particular focus.
00:24:54.580
They have to find things that are like, I'll give you an example.
00:24:56.520
I was an atrocious student because I wasn't passionate about Saturn.
00:25:01.960
You know, and so I think what hurts people is they're also not willing to be humble enough
00:25:09.020
And I don't like that, you know, and I think, right.
00:25:16.720
You have to have the humility to say, I'm not good at this.
00:25:21.660
And what happens is if you have that sentence with yourself, then you end up going to the
00:25:29.440
Don't you think, Gary, this is another reason why false praise from one's parents
00:25:36.340
The parent doesn't have to be putting the child down all the time, but should not be
00:25:39.380
falsely praising things that the kid is actually not good at.
00:25:43.500
I literally, do you see the goosebumps I have right now?
00:25:51.700
Well, I love my mama the most, but let me say from where you're going, I believe that
00:25:56.140
eighth place trophies over the last 30 years have done more mental health damage.
00:26:02.600
Do you understand that these kids, and I'm very fortunate, we hire so many kids right
00:26:06.900
I have a hundred, I mean, seven, eight hundred employees, maybe even a thousand now that are
00:26:12.900
And I can tell you unequivocally, and so much of my audience is this age.
00:26:20.460
When I tell you the amount of kids today that are scared to lose, because we taught
00:26:26.220
them that losing was bad, it's so bad that we'll give you a trophy even though your team
00:26:39.540
It wasn't like all these parents came out 30 years ago and said, let's create soft kids
00:26:44.920
that are zoo animals that can't live in the wild and are going to have really tough lives
00:26:48.680
because they don't have a backbone or they can't deal with adversity or they don't have
00:26:55.800
They just thought they were doing the right thing.
00:26:59.340
To your point, you can do anything is true for about a nanosecond until you start trying.
00:27:04.980
I can tell you right now that I see unlimited six, seven, eight-year-old kids on sports fields
00:27:10.480
all around New York City that immediately I can tell you that child is not capable.
00:27:14.920
of playing in the National Basketball Association.
00:27:20.940
Like there is, when I walk through a classroom and see the art hanging that the kids made in
00:27:25.120
sixth grade, I can save a lot of time right now.
00:27:27.860
It is not true that any one of those kids can make art that will sell at Sotheby's in the
00:27:34.840
You can try everything, but you can't be everything.
00:27:39.020
And when you fall in love with who you are versus who you wish you were, then it becomes
00:27:46.400
I, in fifth grade, wanted to play for the New York Jets.
00:27:50.820
I, by sixth grade, realized I was more likely to buy the New York Jets than to play for them.
00:27:56.300
That made me go into entrepreneurship, not professional sports.
00:28:01.900
And by the way, you know this story, by the way, I want to hear the story after you finish
00:28:05.060
your point, but I want to hear the story about your mom and your sweater.
00:28:09.660
I'm always happy to share the greatest human being of all time.
00:28:13.460
I, to finish my story, this is very important, I think, for a lot of people.
00:28:21.880
When I was getting D's and F's in school in the late 80s and early 90s, as you know,
00:28:26.540
Megan, and a lot of people listening right now, entrepreneurship wasn't cool.
00:28:32.180
Everything was about what's the best university you can get into, and then what's the best
00:28:42.420
There was no, I don't, when I heard entrepreneur in my youth, that meant that you were like
0.95
00:28:47.720
a loser and you made pretend that you worked.
0.91
00:28:50.600
And when you heard about somebody dropping out of college to go pursue, you're like,
0.99
00:28:57.040
And so, you know, I, but I was willing to lean into who I was because that's where my
0.98
00:29:03.440
And then I got fortunate that the timing of the world went in my favor.
00:29:07.780
And now I walk around the world and people want to take a picture with me.
00:29:11.240
It's nothing I haven't thought in a million years.
00:29:13.140
All I wanted to do was sell wine for my dad's wine store.
00:29:24.280
Don't worry what I think or Megan thinks or your friends think or your family thinks
00:29:27.140
or the neighbors and definitely not anonymous people, anonymous people on social media.
00:29:34.340
Because you're going to be 90 years old one day laying there.
00:29:36.920
And if you have regret, I promise you that's going to taste a lot worse than people making
00:29:41.100
fun of you because you want to open up a bike shop or you're quitting your corporate job
00:29:47.240
This judgment of others is destroying our happiness.
00:29:51.420
And it must stop as if anybody else's judgment has anything to actually do with your life.
00:30:00.160
I've heard you say that you don't believe in regrets.
00:30:07.180
I don't spend my time thinking about that kind of thing.
00:30:09.260
I think it's a real mental block toward going forward and advancing your life, your well-being,
00:30:14.060
But anyway, one of the reasons you're like this and wound up a happy, seemingly well-adjusted
00:30:20.540
And that brings me to the Jets and your childhood experience.
00:30:31.320
Like, it's, you know, when I tell you that without a shadow of a doubt, it is uncomfortably
00:30:37.660
clear to me that 89.6% of why I have happiness and contentness.
00:30:43.880
And by the way, back to my professional success, I'm detached from my professional success, meaning
00:30:52.320
I'm humbled by the admiration and opportunities of doing things like this.
00:30:56.400
It leads me to, but I don't think it defines who I am.
00:30:59.820
Like, I don't think, like, I'm good or a good guy or a winner because I'm good at business.
00:31:05.700
I think it's a skill I have that is now kind of revered a little bit more than it has.
00:31:11.220
It's always been respected, but now it's cool, right?
00:31:16.500
My mom was, back to what I just heard you say, I think you would love her parenting style.
00:31:23.620
Like, I never had, I had nothing but joy around my household, except when I did things that
00:31:30.080
were not right, which led to real accountability.
00:31:33.880
I was grounded and punished four times a year like clockwork because I brought back a report
0.88
00:31:40.060
card that looked like garbage, and that was unacceptable.
00:31:43.420
And other than that, I was a pretty good kid.
0.62
00:31:45.640
But if I ever did anything, like, I would, first of all, let me go to a place that I
00:31:51.220
I never even contemplated disrespecting my mom or dad.
00:31:56.680
I mean, I did it because I was a bratty teenage girl, but man, oh, man, my mom, Linda made
0.97
00:32:03.000
Yeah, and by the way, Tamara made my sister Liz pay for the same teenage girl thing.
1.00
00:32:07.640
I never went through that phase, but on real talk, it was because I was worried.
00:32:11.800
She was an old school, like, we don't play that around here.
0.94
00:32:15.300
Like, we are in an era now, look, I can wrap my head around why we stopped spanking our
00:32:21.520
kids, though, if I'm being unbelievably transparent, like, I could get, you know, get a couple glasses
00:32:26.980
of wine in me, and I can get into, like, a thoughtful of, like, is there an angle there?
00:32:31.060
But the fact that we don't even ground our kids anymore in modern parenting, are you kidding
00:32:37.340
All we're teaching people is that there's no consequences in life.
00:32:40.680
Do you know why everyone's so interesting on Twitter?
00:32:45.180
Because you can't punch them in the face when they say something to you.
00:32:47.900
I grew up in Jersey in very blue-collar, lower-middle-class neighborhoods.
00:32:53.720
Let me tell you what happened when we would say something fresh to each other.
00:33:00.260
And so we live in a society now where there aren't ramifications, there aren't consequences.
00:33:06.980
And I couldn't agree more with people understanding, like, actually, actually, make you look like
00:33:14.820
Because we become, and boy, oh boy, nobody understands this better than you in this audience.
00:33:25.460
When it comes to parenting, if you can be purple, then you win.
1.00
00:33:29.980
To your point, and you said it earlier, I'm not talking about scolding your children.
00:33:34.080
I'm not talking about what a lot of parents did to their children.
00:33:38.860
My grandmother, what she did to my father, and she was a Russian woman in the 30s, 40s,
1.00
00:33:45.920
They grew up in a—people don't understand the USSR, Megan.
00:33:52.760
It was—I promise for everyone that's listening here, which means you listen to a lot of politics
00:33:57.380
and world news and care about this stuff, you have no clue what the USSR was from 1917
00:34:05.160
So I don't judge my grandma, but I'm very aware of what a human looks like when they
00:34:10.440
don't get positive reinforcement, when they get negative, when they get that all the time.
00:34:16.020
And it really—it's a real challenge to have true self-esteem when you're parented in that
00:34:25.020
So I'm not saying to everybody to do that, but to parent in a delusional way where everything
00:34:32.560
is great and you're the best and go fight your kids' fights.
00:34:36.020
Megan, do you know the parents go to school and try to argue with parents to give their
00:34:44.900
I've told this story before, but we had a friend at a huge investment bank in New York
00:34:48.700
We had dinner with he and his wife, and he was telling us that he actually received a phone
00:34:52.420
call from a new hire at this major American bank, from a new hire's mom complaining about
00:35:03.320
Yeah, I mean, to me, look, you know what's amazing about being born in the Soviet Union and
00:35:12.440
My parents were granted jobs that they couldn't transfer from in their early 20s before we
00:35:19.700
When people come to my company and we have a, listen, I believe in a happy culture in
00:35:24.340
a way that you can't imagine, but not delusion, not entitlement.
00:35:27.660
And when people are like, you know, this blows, this stinks, this sucks, this, this, I, you know,
0.94
00:35:32.420
I always, honestly, I take it pretty serious.
0.95
00:35:39.600
But when somebody comes a second, third, fourth, fifth time, and complains about things that
00:35:43.460
don't matter, like it's one of the most joyous things that in my career that I'm able to
00:35:48.720
say is like, hey, unlike me, who was born in a communist country, and luckily I got out
00:35:54.800
and definitely unlike my parents and grandparents, you have options.
00:35:58.360
You don't like this company, but you know what I would have said to that mom?
1.00
00:36:02.020
I said, mom, first, and this is that, I'm going to tell you exactly what I would have
00:36:07.540
I would have said, first, mom, I think it's very sweet that you're calling for your son
00:36:12.700
The other part of me thinks that your son's in big trouble because if you're fighting his
0.96
00:36:17.000
fights and he's a grown ass man, he's got a big problem.
0.83
00:36:26.620
We think he's got talent, but if this schedule is too tough for him, he really needs to consider
00:36:34.640
I always say on my team, you know, you don't want to work weekends occasionally.
00:36:36.820
You don't want to work a late night when news breaks, go work at KeyBank.
00:36:44.300
And I want everyone to hear this because this is an important nuance and I don't judge them.
00:37:00.620
Everyone told me that I should get A's and B's.
00:37:06.100
It was joyous until I got until I got grounded every market period.
00:37:14.100
I may want to be hungry and build meaningful, everlasting empires that have positive impact
00:37:22.820
But if you are structured a different way and you value something else.
00:37:27.480
And to your point, the occasional discomfort of needing to do something that's out of the
00:37:34.740
You shouldn't work in an entrepreneurial, in my world or your world, fast-paced reality.
00:37:39.840
You shouldn't be a fireman if you're not willing to wake up when the fire happens, right?
00:37:47.280
I do not judge people that do not have my ambition or work ethic or interests.
00:37:55.220
But what I don't want, and this is where I think you're going, and the theme of this,
00:37:58.820
and this will land with everyone, I don't want people to think they can get compensated
00:38:08.320
Let me make this simple for everyone to understand.
00:38:10.100
If you don't want the pressure of being the quarterback and you want to be the backup
00:38:14.460
linebacker, well, then you better not expect to get quarterback money.
00:38:21.080
So if you're like, can we have the conversation, everyone?
00:38:26.100
But when you start sneaking into entitlement that you should, there is no should.
00:38:31.560
Hey, everybody, everyone who's listening, you want to get way happier?
00:38:37.660
Eliminate the word should from your vocabulary.
00:38:45.120
This is why I get so crazy, Megan, about everyone judging everybody else.
00:38:48.500
You have no idea what's going on in their house.
00:38:53.820
I said something the other day, a kid comes in yelling about their manager, who's been
00:38:59.440
I hadn't had the information yet to know what was going on.
00:39:02.660
But I said to the kid, I said, but you've loved her for three years.
00:39:07.480
What if you're struggling with her for the last three weeks?
00:39:09.940
Because three weeks ago, she found out that her mom is terminally ill and she hasn't
00:39:16.120
Maybe that's why she's not showing up to the meeting and over coddling every moment.
0.99
00:39:23.200
You know, people love throwing around empathy until it's not working for them.
00:39:33.740
If there's news things fall through, I'm going to send you my resume.
00:39:38.020
I want to hit a couple of other things in the news because I'd love to get your take on
00:39:42.360
I saw something I didn't totally understand in the news today about Google and AI and how
00:39:48.060
Google is now announcing that it's got this new AI program that's going to, quote, do the
00:39:53.360
And what they seem to mean is if I type in into Google what's happening with the presidential
00:39:59.080
debates in the search engine, rather than bringing up a link to CNN and Axios and Fox
00:40:05.540
News, it's going to deliver the AI, will deliver the information for me.
00:40:14.260
And now already, news organizations are complaining about this, saying this is going to absolutely
00:40:18.940
gut human jobs, that all the reporters who work for those news organizations and others
00:40:26.620
And their work, whatever's left inside the companies, those people's work, will be cannibalized
00:40:32.800
by Google AI, which is going to claim it as its own and offer it up as its work product.
00:40:43.760
There's a lot there, and I'm excited to break it down with you.
00:40:58.860
Now, this is where people like to choose cynicism and defense.
00:41:03.620
Megan, will AI create an enormous amount of new jobs?
00:41:07.680
There's going to be a word that's going to be at the top of everyone's tongue in five
00:41:15.200
Remember 15 years ago when everyone's like, I need to make my kid an engineer so they can
00:41:20.280
That's what you're going to start hearing of everybody with prompt engineering, which
00:41:23.600
is the critical thinking required to put in a good prompt into AI so that you get an answer.
00:41:32.020
Search engines, as you and I know it, this is going to really land for you.
00:41:37.020
Remember when search engines came when we were kids kind of coming up?
00:41:44.260
Do you know how many people were employed and how many businesses do you know that how
00:41:49.460
Do you know that businesses are named triple A plumbers, triple A cleaners, triple A?
00:41:58.360
That's because everybody used to use the yellow pages and it was alphabetical.
00:42:17.460
Now, people will still use search engines for quite a while.
00:42:20.820
There's even people you can find that use AOL dial up right now, many more than people
00:42:33.700
And then there's going to be OpenAI, Microsoft's AI.
00:42:36.600
There's going to be many different AI chatbot clients.
00:42:44.720
I want to make sure everybody understands what I'm saying here.
00:42:46.940
That's when you wanted to go look up something in the Encyclopedia.
00:42:50.120
That's when you needed a plumber and you went to the yellow pages.
00:42:53.480
The way you go to Google now is when you decided you needed something to look at.
00:43:03.900
Like you're kind of living and it's coming to you.
00:43:05.860
So it's not like everything's going to get eliminated.
00:43:17.040
You're going to like this one as well, I think.
00:43:19.220
People love innovation and entrepreneurship and technology when they're not on the receiving
00:43:27.740
You know, what did all the poor people that owned bookstores do in the mid-90s?
00:43:34.600
A guy named Jeff Bezos came along and he subjectively and strategically decided he wanted to go after
00:43:41.380
If he would have picked flower stores or car washes or hair salons, they would be like
00:43:48.060
your technology is going to get around to you one day or another, right?
00:43:53.320
Here's a good one because I was an early investor in Uber.
00:43:55.620
All the medallion owners in Manhattan and all the black taxi owners in LA, they laughed at Uber
00:44:01.420
I know because I was there and I was talking to them.
00:44:03.480
They're like, nah, we've got the government in our pockets.
00:44:08.860
We have the best transportation system in the world.
00:44:18.560
Network TV was loving life until something invented called cable came along and created a
00:44:25.140
little bit more distribution of all that attention.
00:44:27.740
No longer was it just on Walter Cronkite or Peter Jennings.
00:44:33.120
Now we had cable and Ted Turner innovated with CNN.
00:44:36.400
And now cable's hurting because of the invention of the digital lane and people like me and
00:44:48.020
Are we in favor of what the government is doing against TikTok?
00:44:57.900
Business-wise, if all that attention goes away, I'm pumped.
00:45:05.400
To me, I'm a huge winner if TikTok gets banned professionally because I know I'm better at
00:45:10.940
realizing where the attention is immediately than the other average bears.
00:45:15.440
And all that attention is going to disperse into all new places.
00:45:18.260
And because this is my religion and my insanity and I'm a mad scientist of it, I'm going to
00:45:24.340
be able to extract more of it for me and my clients.
00:45:28.260
As someone who's born in the Soviet Union and who is very into modern history, I will
00:45:33.720
say as a human being, again, I am not aware of what's under the hood of what the politicians
00:45:40.280
and all the work they've done to decide that this is the appropriate action.
00:45:46.500
It'd be impossible for me to understand what they think or don't think is happening between
00:45:52.680
We all understand there's geopolitics going on.
00:45:56.100
What I will say is, if I'm being full disclosure on this and being honest, which is how I like
00:46:00.680
to roll, I'm a little worried that the reason we're banning it is, you know, we're banning
00:46:08.460
this because it's something bad for our country from the outside.
00:46:12.060
Because the history of the world always tells you that it starts with that.
00:46:17.720
And then the next thing, Megan, that we hear is, we're banning this from the inside because
00:46:24.840
This is an incredibly unprecedented, slippery slope.
00:46:29.300
And I remind everybody who's listening to this, because boy, if you're listening to this,
00:46:33.720
I know that this interests you because obviously this is one of the faces of political talk over
00:46:42.940
Sometimes it's your four years and sometimes it's not.
00:46:46.040
And if we open the can of worms that we are banning things for the best interest of America,
00:46:50.540
it always starts on the outside and then it always comes in the inside.
00:46:54.340
And if we allow it to come to the inside, you've now begun the beginning of the entire
00:47:00.300
things that have historically broken down the Roman Empire and all the other things that
00:47:07.000
So I would say, even if, Megan, I'll say something complex that might not land with most people,
00:47:11.660
but I'm going to say it because that's how I live my life.
00:47:14.540
Even if it was ugly under the hood of what they got, I would think long and hard about how
00:47:19.880
to handle that, not named ban, because boy, could you imagine, whether you like it or not,
00:47:27.980
even talking about Google earlier, could you imagine waking up in seven years to a headline
00:47:33.440
that says America's banning Google because of the interest of America?
00:47:38.540
You know, I think regardless if someone's listening right now that fully believes red or listens to
0.85
00:47:43.760
this because they also want to hear the other side and fully believe blue or something in between
00:47:47.580
purple, like someone like me, I can promise you, I think everybody would understand that
00:47:56.000
I mean, I did a headline a couple of years ago saying Parler was no longer available.
00:48:00.640
The alternative, the more conservative alternative to Twitter, where they had said, build your
00:48:06.420
And then after J6, it was like somehow it's Parler's fault, even though most of the planning
00:48:15.300
But what's interesting is Parler was no more on the distribution.
00:48:19.480
Like what's so interesting is Parler can go to Parler.com and create a mobile native app
00:48:24.780
and not be not like, like what's so interesting is there's always alternatives to capitalism,
00:48:33.220
Apple versus Google versus Facebook versus Parler versus Snap versus TikTok.
00:48:38.400
There's in the incredible aspect of what America is in entrepreneurship and democracy,
00:48:46.900
Sometimes it gets weird that there's always a counter move.
00:48:52.100
government says ban, that's what alcohol was during prohibition.
00:49:02.540
I hope you come back on and talk to us more about your life philosophy, your background,
00:49:06.180
your bio, and if TikTok gets banned, I definitely want you to come back to tell us exactly where
00:49:16.620
It can help anybody, any business owner, any individual looking to get their message
00:49:19.720
out and be heard on some of these issues that we've talked about.
00:49:26.740
It's out next week and available for pre-order right now.
00:49:33.820
Okay, when we come back, we've got Andy McCarthy and Dave Ehrenberg on the latest from the
00:49:46.220
Fireworks inside of a New York City courtroom today as Michael Cohen is back on the stand
00:49:50.520
subject to cross-examination by Trump's defense lawyer who is really getting after it.
00:49:55.920
Today, they just broke for lunch and we've got some real highlights from the morning.
00:50:00.400
We've got two of our favorite legal experts here to break it all down for you.
00:50:02.880
National Reviews, Andy McCarthy, back with me, and Dave Ehrenberg, state attorney for
00:50:08.360
Palm Beach County, who has a new YouTube channel where you can check him out called True Crime
00:50:30.160
One retired, one still at it, but at least one more defense-minded, I know, from what
00:50:36.960
I read at National Review, at least in this case.
00:50:40.660
So let me give you a couple of the highlights or lowlights, depending on your view of Michael
00:50:45.420
Uh, he was asked by Todd Blanche if during his conversations with a guy named Robert
00:50:53.400
Costello, and some are speculating that the defense has already said they're going to
00:50:56.800
call one witness on, uh, when, when it's time to present their case, that it may be this
00:51:01.040
guy, Costello, who was allegedly a go-between between Michael Cohen and Rudy Giuliani slash
00:51:08.320
President Trump, the sitting President Trump, and that, uh, Costello allegedly said to Cohen,
00:51:15.480
you got friends in high places, fear not, you're good.
00:51:18.340
Kind of like wink, nod, all's well, don't, don't flip on Trump.
00:51:22.440
But he was brought in to the grand jury and he was very helpful to Donald Trump, though
00:51:27.440
not helpful enough because he did get indicted.
00:51:29.820
And he seems to be very favorable towards President Trump and not so much towards Michael
00:51:34.120
And so why was Cohen asked about this man from the defensive, by the defense attorney?
00:51:40.740
Todd Blanche asked Michael Cohen if during Cohen's conversations with this guy, Costello, uh,
00:51:46.560
after the raids, I assume this is on Mar-a-Lago, that, um, he told him he could cooperate against
00:51:53.860
Trump, whether Costello said, you know, you could cooperate against Trump and that Cohen
00:51:58.020
in turn said to Costello, in other words, this is the question by the defense lawyer, did
00:52:01.560
you tell Robert Costello that you, quote, had nothing on President Trump and could not
00:52:11.320
Then Todd Blanche asked Cohen if he meant, no, I didn't say that to Costello or no, you
00:52:21.820
So, all right, I see why the defense went there.
00:52:29.280
And now that you're trying to get out of prison, you want to get out of all these deals, you
00:52:34.440
Suddenly you have all sorts of dirt on the man.
00:52:37.240
And that brings me to the next line, which was supervised release, which I gather Cohen is
00:52:42.980
on right now, um, Cohen said he tried three times to get his supervised released, you know,
00:52:50.900
from prison terminated, and then Blanche pressed him and corrected him and said, in fact, it's
00:52:58.660
And Michael Cohen had to admit that on the subject of working in the White House, which has been
00:53:09.120
However, uh, he tried to say, no, I just wanted my name out there as possible chief
00:53:16.740
He said this earlier in the week, he reiterated it again today.
00:53:21.140
Uh, Keith Davidson, the one time lawyer for Stormy Daniels said, well, Cohen told me he
00:53:25.440
wanted to be attorney general and that he was suicidal when he wasn't chosen.
00:53:30.020
I know all of our hearts just skipped a beat at the thought of Michael Cohen as the attorney
00:53:37.020
We'll calm down and go back to what he testified to today, which was, uh, that there was definitely
00:53:47.040
There was, there were texts between Cohen and his daughter where they discussed whether
00:53:53.880
Cohen's daughter said she read that Reince Priebus was being considered and, uh, Michael
0.81
00:54:02.280
And that when Trump did in fact pick Reince Priebus, um, Blanche asked Cohen, whether it's
00:54:08.000
true, Cohen told his daughter, he was disappointed Cohen that I wasn't considered.
00:54:13.720
Uh, and then he acknowledged that he told his daughter that Trump just wasn't happy with
00:54:20.300
the title I wanted last, but not least, or perhaps it is least because I've been talking
00:54:26.060
about this story, like a Greek tragedy guys, you know, where he's got this never ending
00:54:32.060
He adored and read his book twice and just wanted any sort of place in Trump's circle,
00:54:38.120
And then of course it ends and him trying to kill the King and kind of take himself out
00:54:46.180
He couldn't even get tickets to the inauguration.
00:54:51.720
Again, Michael Cohen admits via these texts, he was having real difficulty, even getting tickets
00:55:08.340
And he also admitted that, um, well, he was at least asked about the fact that he was allegedly
00:55:14.040
despondent when the former president of Goldman Sachs got a post in the white house and Michael
00:55:21.600
Dave Ehrenberg is trying to paint the picture of bitterness.
1.00
00:55:26.380
He's a bitter, bitter liar pretty effectively.
0.99
00:55:32.180
I think today, Todd Blanche has had a pretty good day.
00:55:35.720
I think he was successful in punching holes and Michael Cohen.
00:55:39.840
I thought it was actually very powerful, a different part of the cross-examination where he had Cohen
00:55:46.140
admit that his testimony in front of the judge, uh, was a lie when it comes to his tax cases.
00:55:53.500
Remember he went before the, uh, judge in a, the civil fraud case and said, I lied to the federal
00:56:02.380
And he went back and said, yeah, that original federal judge was corrupt.
00:56:09.240
So I don't think that made Michael Cohen look good.
00:56:15.640
But here's the thing, Megan, if this were all about Michael Cohen's cross-examination and
00:56:21.260
pointing out his lies, then yes, I think the state would be in a lot of trouble.
00:56:25.120
But the state has spent all of its time building this firewall around Cohen with all these witnesses
00:56:31.900
And a lot of it is even Trump's own words, his tweets, his admissions in a court proceeding
00:56:36.540
in California, and all this stuff has come into play to buttress what Michael Cohen has
00:56:41.980
So you may not like Michael Cohen and you may think he is a liar, but is everyone lying?
00:56:47.120
The corroboration that the state has spent so much time with, I think helps prove their
00:56:51.300
Let me ask you this though, Dave, and I'll go to Andy.
00:56:57.340
Corroboration that Trump was involved from the beginning in the hush money scheme.
00:57:00.980
And by the way, I know what you're going to say.
00:57:04.480
But it's telling the story about why the catch and kill scheme was established.
00:57:10.080
And then the big issue, and it was made an issue by Todd Blanche in his opening statement,
00:57:15.820
was whether or not the $420,000 reimbursement to Cohen was a reimbursement for the hush money
00:57:25.260
And Todd Blanche said in his opening statement that this was not a reimbursement.
00:57:29.540
Maybe Andy could help me with this, but I don't know why he said that.
00:57:32.900
I don't know why he made that to be such a big issue, because all the evidence shows
00:57:38.260
And so there is no direct evidence that I've seen that ties Donald Trump directly to the
00:57:43.460
falsification of the business records, which is the underlying misdemeanor.
00:57:46.480
But once you put into play that this is legal fees and not a reimbursement, if the state
00:57:52.700
can show, yeah, it's a reimbursement, which I think they have shown, then it's a small
00:57:56.740
step from there to proving that Donald Trump lied on the forms when he listed this stuff,
00:58:03.000
his company listed it as legal fees and not as reimbursements.
00:58:06.340
By the way, it's legal expenses, which I do think is better for Trump than legal fees,
00:58:13.940
I mean, it's amazing to me, Andy, that we are now at a felony trial for a former president
00:58:18.920
of the United States, something we've never somebody we've never we've never indicted our
00:58:22.560
former president over the difference between legal expenses and reimbursement to my lawyer.
00:58:29.320
It's that's literally what the case is boiling down to.
00:58:33.940
Well, you know, a part of it is that it's not as clean as all that, right?
00:58:39.880
The more evidence comes out, you can't what he was paid for had to do with a variety of
00:58:50.840
things of which the payment to Stormy Daniels was a component, but was not all of it.
00:58:56.860
So it's not like, you know, the $35,000 a month traces to more than the Stormy repayment.
00:59:08.620
The calling the arrangement a retainer is not clean.
00:59:14.900
They're they've tried to turn that into something that's incriminating.
00:59:22.240
The more evidence that comes out, the more what you hear is, you know, it was agreed that Cohen
00:59:28.920
could represent himself as Trump's private lawyer while he was president in 2017.
00:59:36.120
Oh, and it turns out that he actually did do some work for him in 2017 and 2018.
00:59:43.960
There are different kinds of them, but one kind that you can have is you pay somebody
00:59:47.560
for their availability, not necessarily that there is a project, but you want the lawyer
00:59:58.280
It absolutely should be in writing, but it doesn't have to be in writing.
01:00:01.700
And one component of what they paid him for was a bonus.
01:00:09.440
So, you know, Cohen has three different things.
01:00:12.260
He's got the the Stormy Daniels NDA, the non-disclosure agreement.
01:00:19.080
He apparently laid out for some kind of digital assistance to spin polling favorable to Trump.
01:00:27.040
And then the last piece of it is what they call a bonus.
01:00:32.120
And the fact that Cohen may have decided that the bonus was, you know, for work well done
01:00:37.620
in the past doesn't mean that the Trump organization couldn't have decided that it was part of keeping
01:00:44.900
The only reason I lay all that out is, you know, to say it's problematic that they characterize
01:00:50.900
this or described it as a retainer under circumstances where it's monthly payments to a guy who is
01:00:59.160
currently holding himself out as Trump's private lawyer and is actually doing work for Trump
01:01:05.000
and is available to do Trump, to work for Trump at any point.
01:01:09.720
To say that it's like the fraud of the century to call that a retainer arrangement is strange
01:01:16.500
And then let me just address one thing that Dave mentioned, because this is very important.
01:01:20.900
I think this weaving, this wall of corroboration around Cohen is a very important thing for
01:01:32.740
But I also think it's illusory because the corroboration, as Dave points out, is mainly
01:01:40.120
for stuff that technically speaking is legal, even if some of the way the Trump defense is
01:01:45.040
trying the case would suggest you to think that they think it's radioactive and they need
01:01:52.660
But there's one crucially important piece of evidence on which Cohen is the only witness.
01:02:00.100
And that is, there's a January 2017 meeting that Cohen has testified about between or among
01:02:08.100
him, Allen Weisselberg and Trump, in which Cohen alleges that Weisselberg described how this
01:02:16.600
arrangement was going to be booked and Trump was present and, according to Cohen, understood
01:02:22.060
what Weisselberg was saying and conveyed his assent somehow.
01:02:26.460
That is the only piece of evidence in the case that ties Trump to the way this was going to
01:02:36.140
So it's a situation where if I were trying the case as a prosecutor or Dave were trying
01:02:44.940
the case, we would want to be able to go to the jury and say, we would never ask you to
01:02:50.500
convict somebody on the uncorroborated word of somebody like Michael Cohen.
01:02:55.180
And we've been very careful that every time we've elicited something important from him,
01:03:02.000
There's something that supports his version of events.
01:03:05.220
But when you get down to brass tacks on that piece of the puzzle, which is a very important
01:03:14.140
I want to tell you guys that we pulled an article from USA Today, January 2019, because
01:03:20.760
we've been curious about the, in that $35,000 a month fee that you just ticked through, the
01:03:26.860
$130,000 doubled up for tax purposes, allegedly to pay off Stormy, a $60,000 bonus, and then
01:03:39.520
There's been some testimony around that $50,000 to Redfinch was kind of interesting.
01:03:43.420
Cohen testified that he skimmed off the top of it, that he didn't think, right, that they
01:03:52.180
But I don't know, he paid them anyway, and he took some of the money, somehow, in some
01:04:08.540
But do you know, you mentioned it was for these tech services to pay this company to rig
01:04:17.880
So he offered this guy, John, is it Gouger, G-A-U-G-E-R, a great name, chief information
01:04:25.100
officer at Liberty University, $50,000 to rig two online polls in Trump's favor.
01:04:31.580
He's the owner, this guy, of Redfinch Solutions, which is the tech firm that got this $50,000.
01:04:38.160
Well, in addition to these rigged polls, Cohen wanted a fake Twitter fan account portraying
01:05:01.800
No wonder at real Donald Trump chose Michael Cohen as his right-hand man.
01:05:10.940
I'm now convinced that Elon Musk is right, that AI may be the most dangerous thing that
01:05:17.900
we have, the prospect that we have to live with.
01:05:20.840
People making up social media accounts from Michael Cohen as a sex symbol.
01:05:26.700
If that's the world, I'm glad I'm an old guy and I'm not going to live to see all of
01:05:35.740
September 16, Cohen tweeted from his personal account, I was told I look like a younger
01:05:42.240
At women for Cohen responded, you look even more sexy, but the closest doppelganger for
01:06:04.080
I mean, I'd like to be compared to Ben Affleck.
01:06:13.220
Although I just got married, so I'm off the market, but still.
01:06:19.420
I keep getting asked what Molly Ringwald is really like.
01:06:25.240
Okay, so I do want to talk about, now Andy, as I understand the testimonies that's come
01:06:35.700
They said the meeting happened either January 16 or January 17 of the year 2017, and it was
01:06:40.940
Weisselberg, the CFO for Trump, Trump and Michael Cohen.
01:06:45.140
As I understand it, the testimony that was elicited shows that Trump heard how Michael
01:06:50.060
Cohen was going to submit his bills and that he was going to say he was pursuant to a retainer
01:06:56.980
agreement for illegal expenses, but that there hasn't been testimony, at least not from Cohen.
01:07:03.960
Maybe we got it from one of those bookkeeping witnesses earlier about exactly how it was
01:07:13.560
The invoices are really the strongest part of Bragg's case.
01:07:20.060
I now think that, to me, to try to organize this as I would try to organize it if I was
01:07:26.400
trying the case, the three things you have to show from Bragg's perspective is falsity,
01:07:36.160
Second, that there's a scheme to defraud because they're not the same thing.
01:07:39.640
In the statute, you have to show both falsity and fraud.
01:07:42.440
And then the third thing, to make it a felony, you have to prove beyond a reasonable doubt that
01:07:47.940
the fraud was with the intent to conceal another crime, right?
01:07:53.440
And the falsity is very important because the falsity is the most basic thing here.
01:07:57.940
If they can't prove beyond a reasonable doubt that these documents were knowingly and
01:08:05.560
So if you look at the book entries, they book them as legal expenses, as you pointed out before,
01:08:14.160
which I agree is better for Trump because the testimony about that is that they were
01:08:19.680
operating off some early 1990s software where there was a drop menu.
01:08:26.260
And if it was legal fees to a lawyer or expenses attendant to the representation,
01:08:33.580
So theoretically, this is where you would put a storm, even if you were like trying to
01:08:39.080
do it as honestly as you could, that's how they would have, they would have booked it
01:08:44.380
Then you look at the checks, you know, every one of these things, right?
01:08:49.680
You look at the checks, there's nothing on the checks that represents anything about what
01:08:54.820
It's just their checks written to Michael Cohen.
01:08:57.480
So what the case on falsity comes down to, I think, are these invoices that Cohen prepared
01:09:03.620
and says that this is the way that Weisselberg wanted it done.
01:09:07.780
And the invoices say, pursuant to the retainer agreement, here's my bill for whatever.
01:09:18.360
I have it here, dear Alan, pursuant to, this is quoting from one of your pieces, Andy, dear
01:09:23.540
Alan, pursuant to the retainer agreement, kindly remit payment for services rendered for the
01:09:33.280
So I think that, um, that's the, that's the strongest part of the case for Bragg as far
01:09:40.120
as falsity is concerned, but it's a big leap to go from that, especially if there's, there's
01:09:47.560
murkiness about exactly what a retainer is, but putting that aside, you know, Trump's got
01:09:54.980
I think that he didn't get into the granular detail of how things were booked in his company.
01:10:04.780
Um, and they have to prove that he caused these documents to be false in the records.
01:10:11.900
I think that's a, it's a tough road to hoe.
1.00
01:10:14.060
It's not, I think that's the, that's the best shot that, that, uh, that Bragg has in
01:10:19.740
this case of proving something along the lines of falsity, but it's, it's no slam dunk.
01:10:26.420
So do they pin the, you tell me, Dave, is the, are the documents at issue, the Michael
01:10:43.840
And this happened every month, um, pursuant to the retainer agreement, which Bragg says
01:10:49.620
There wasn't one kindly remit payment for services rendered for the months of January
01:10:55.860
and February, 2017 saying there were no services rendered.
01:10:59.640
He was no longer acting as a lawyer and, and there were no services rendered in January,
01:11:09.500
It's also a lie that in the Trump bookkeeping, keeping department, the dropdown menu checked
01:11:22.080
And I guess the only other thing would be the checks, which have nothing on them other
01:11:29.500
Actually, Megan, I believe the checks do have the word retainer on them.
01:11:33.560
And I look closely at the check and I think that is where it's deceitful because there
01:11:38.600
was no retainer agreement between Trump and Michael Cohen.
01:11:43.280
And so I think that's where they get them on the checks.
01:11:45.760
But as far as the other stuff, this is where Andy and I would agree is that I don't understand
01:11:51.440
why Todd Blanche decided to make it so radioactive to say that there was a reimbursement here.
01:11:59.680
Todd Blanche has laid down the line and said this, these are legal fees, legal services.
01:12:05.040
I agree with you, by the way, calling them legal expenses is a broader term that helps
01:12:08.140
Trump, but it hurts Trump to say that these were not reimbursements.
01:12:13.040
So now if the state can show the lawyer to be a liar, that they were reimbursements, then
01:12:17.600
I don't think it's a big logical step to then say that the way you treated it as legal services
01:12:25.900
And although I don't see much direct evidence that Trump was involved in it, there's enough
01:12:31.940
circumstantial evidence that I think gets the prosecution there.
01:12:37.500
I actually had missed that Cohen did apparently testify that there is direct evidence where
01:12:42.800
Trump assented to the repayment scheme with Allen Weisselberg, although that's trusting
01:12:47.160
Michael Cohen's word because Allen Weisselberg is not going to be brought in as a witness.
01:12:50.980
But they do have Allen Weisselberg's handwritten notes, which explain how the $130,000 became
01:13:02.540
Can I just make clear, do you know the answer, Dave?
01:13:05.520
Because, you know, the defense hasn't started its case yet.
01:13:07.980
We just know what they're going to argue based on the cross-examinations that we've seen.
01:13:11.560
Is Trump denying that there is $130,000 reimbursement to Cohen for the payment to Stormy Daniels in
01:13:24.420
Is Trump denying that he ever repaid Michael Cohen anything with respect to Stormy?
01:13:31.080
As far as the $420, Todd Blanche has denied that any of that is reimbursement.
01:13:37.040
I think that's what's going to get him in trouble, especially when you see documentary
01:13:40.980
evidence, when Trump's own words were in the 2018 lawsuit where he said he did reimburse
01:13:46.260
Michael Cohen $130,000 to pay off Stormy Daniels, where you see a tweet from around that time
01:13:53.800
where Trump said that Cohen was reimbursed for the NDA.
01:13:57.540
And then there's this financial disclosure form that Trump put out when he got to the
01:14:02.680
White House where he said under oath with his signature that, yes, he did reimburse Michael
01:14:09.040
Cohen for an amount between $100,000 and $250,000.
01:14:18.260
We all agree that hush money payments are not illegal.
01:14:33.640
Why is he getting into, I never slept with her, and I didn't actually reimburse Michael
01:14:39.120
I wonder if it was because Trump is ordering his lawyers to say, deny that we ever slept
01:14:44.560
And then perhaps he wants them to deny there was a reimbursement.
01:14:47.900
But that doesn't make sense because I think that, Megan, is Trump's best defense to say
01:14:55.740
That was part of Cohen's job as lawyer slash fixer.
01:14:59.220
But when Todd Blanch says no reimbursement within the 420, that poses real problems for the defense.
01:15:06.520
If my lawyer pays off a debt for me, Andy, if my lawyer pays off a debt for me that I
01:15:10.260
owe personally, and I pay him back, I'm going to say legal services, legal expenses.
01:15:17.300
I'm not going to get into the underlying, like, this seems par for the course.
01:15:26.900
Um, certainly not a fraud beyond a reasonable doubt.
01:15:31.900
Um, but to Dave's point, if that is the, I hadn't understood that Blanch had planted his
01:15:39.940
If he has, that's like the most moronic thing I've ever heard.
0.98
01:15:42.720
Because not only is Trump on record a number of places indicating that he, he paid that
0.90
01:15:48.540
back, uh, but a statement by the, by the party that's against the party's interest in a trial
01:15:58.940
So the, they wouldn't even have to put a witness on for this, basically, they could just put
01:16:04.840
in all the, the places where Trump has acknowledged that the payment was made.
01:16:08.840
So if Blanche did that, that's like a, a dunderbrain move, which I, he doesn't strike me as a.
01:16:15.940
Has, has the prosecution moved any of those Trump statements you just mentioned into evidence?
01:16:21.480
The 2018, uh, legal document that Trump filed as part of his California lawsuit, civil lawsuit
01:16:28.180
against Stormy Daniels, where he admits that he paid Michael Cohen, $130,000 to go to
01:16:34.580
He, uh, the tweet has been admitted into evidence as well.
01:16:37.800
And the financial disclosure form where Jeff McConaughey acknowledged that that was Trump's
01:16:44.460
And as far as what Todd Blanche said, that's his lawyer saying it.
01:16:48.120
Trump didn't say that there was no reimbursement, but Blanche said that and laid down that gauntlet
1.00
01:16:53.380
in the opening statement, which to me, I still don't understand why he did it, why he
01:16:57.580
stuck by that, which eliminates really Trump's best defense.
01:17:01.340
I, I have to say, you know, I, now I come at this with prosecutors bias.
01:17:10.800
I always think that the case has to hang together logically, because if you're a prosecutor and
01:17:17.180
the case doesn't hang together logically, then that's doubt and you're sunk.
01:17:23.480
Um, defense lawyers sometimes look at the case a different way.
01:17:28.000
They think, look at it as, I don't need to get 12.
01:17:33.320
So sometimes the defense sort of collides into itself in a way that a prosecutor can't afford
01:17:39.960
for the government's case to go, because you're trying to pick off a juror and maybe you can
01:17:48.140
Or maybe you get a couple of jurors to say that Cohn is just a terrible person and, and,
01:17:54.500
you know, you can't convict on the basis of his testimony.
01:17:58.520
They don't have the same obligation to be consistent as the prosecutor does.
01:18:04.360
However, I've really been puzzled throughout the case, and I continue to be, that if your
01:18:12.940
defense, as I think it should be, is that this stuff is legal, that these agreements are
01:18:20.400
legal, then the last thing I'm doing is either denying that they happen when there's two tons
01:18:28.360
And I don't want to treat them like if Trump is near them or touches them, it's incriminating.
01:18:36.000
I want to like, I mean, I would have been tempted during Pecker's testimony.
01:18:40.280
I would have been tempted to be sitting at the defense table in front of the jury doing the New
01:18:49.780
And yet the Trump defense throughout has really made an effort to try to put big distance between
01:19:00.700
And while I understand why they want to be able to argue to the jury that Trump was not
01:19:06.140
involved in the granular detail of how things got booked, I just think treating this stuff
01:19:11.040
like it's, like it's illegal and radioactive and something he needs to be a million miles away
01:19:17.120
Well, we had Arthur Idala on, on Monday who pointed out to us, he's a New York trial attorney
01:19:23.440
pointed out to us that he's very, very good friends with Joe Takapina and Joe Takapina
01:19:29.180
I think in this case, certainly in the criminal matters that he's been dealing with.
01:19:33.880
And, um, Arthur was intimating though, didn't say explicitly that Takapina is, you know,
01:19:41.220
like Arthur, a book, a Brooklyn kid and wasn't going to be told by anybody how to try the
01:19:46.660
case because he had strong feelings on his own, what should be argued and what shouldn't.
01:19:54.360
So I do think he was suggesting, you know, Trump is strong arming his lawyer into making
01:20:01.100
the arguments Trump wants to hear himself in court.
01:20:06.180
That would not be the first time that's happened.
01:20:07.800
And, um, I do want to pull up my, my team just sent me the Trump tweets that you were
01:20:13.540
Cause I did, we did at some point go back and looked at the, look at that Stormy Daniels
1.00
01:20:17.560
case between the civil case between Trump and Stormy out in California.
01:20:22.280
And I know that you and others have argued that he explicitly admitted it was a reimbursement
01:20:29.840
When I read it, I have to admit it seemed confusing to me.
01:20:34.160
I didn't say, I w I didn't read the paragraph where he allegedly made this admission and
01:20:43.160
I mean, maybe, maybe not as that was my takeaway on it.
01:20:56.860
Uh, five, three, 18, Mr. Cohen, an attorney received a monthly retainer, not from the
01:21:05.740
So here he's using retainer, you know, as like fee interchangeable with a fee, uh, received
01:21:11.320
a monthly, monthly retainer, not from the campaign and having nothing to do with the
01:21:15.040
campaign from which he entered into through reimbursement, a private contract between
01:21:22.480
two parties known as a non-disclosure agreement or NDA.
01:21:25.760
And then he goes on to admit this is in connection with the stormy case.
01:21:29.480
So here he uses the word through, he says through reimbursement.
01:21:35.360
Um, that's why that's how Michael Cohen entered into it.
01:21:39.020
I mean, that's probably good enough, but again, I'm, I'm a little unsatisfied.
01:21:44.740
Dave, is there smoking gun language where he's like, I reimbursed him?
01:21:49.680
Well, do you see the conflict of interest form also that he signed around the same time
01:21:55.180
he submitted to the government where they added that there was a reimbursement of Michael
01:22:00.820
Cohen for a fee, uh, an expenditure between a hundred thousand dollars and $250,000.
01:22:09.240
And also as far as the, the first thing you mentioned, the trial court in, uh, California,
01:22:13.440
they subsequently came out with a ruling that says that this is an admission by Donald Trump,
01:22:20.940
So it was my understanding that it was clear that the admission was he did pay Michael Cohen
01:22:26.340
to then pay stormy Daniels to reimburse him for the stormy Daniels payment.
01:22:30.880
But there's a reason just to be clear, Dave, that was to Trump's advantage in the stormy
01:22:35.340
Daniels case because he wanted to show we struck an agreement.
01:22:42.740
Like it, in that case, he wanted the court to know he had reimbursed her and wasn't embarrassed
01:22:49.640
And as far as that tweet goes, Megan, yeah, that tweet was a, was a contentious tweet.
01:22:55.540
The, uh, Todd Blanche and his team fought hard to keep that tweet out of the trial.
01:23:01.260
It was a reason why they didn't want that in there and they lost and it was admitted.
01:23:05.780
Because I think they understood how damaging it was.
01:23:07.980
And I just have to wonder if Todd Blanche knew when he was standing up in his opening argument
01:23:11.500
saying there was no reimbursement, no reimbursement.
01:23:13.980
Did he know of this, all this information, this evidence that the state was going to provide?
01:23:23.720
Because I think now we've done the very thing we were criticizing them for doing, which is
01:23:29.100
we now we've wasted 20 minutes talking about whether he damn reimbursed Michael Cohen for
01:23:35.720
I mean, it's, it's relevant, but it's, this is not dispositive in any way of the case.
01:23:43.740
Hush money payments are not illegal, but I did not know anything about how the bookkeeping
01:23:49.400
I'm a busy man and it should not be dispositive.
01:23:53.460
But you know that the prosecutors are going to make Todd Blanche eat his words because
01:23:59.720
And when a lawyer promises you something or attest to something and they're opening and
01:24:04.360
it proves to be the opposite by the end of the case, they take that, the jurors take that
01:24:10.780
And you know that the prosecutors are going to make Todd Blanche eat it.
01:24:16.980
Yes, because they're saying, I can't trust him.
01:24:19.960
He lies to me that I can't trust that lawyer because he lied to me about this thing.
01:24:24.200
I'm going to take a quick break and we'll come right back.
01:24:32.920
I'm Megan Kelly, host of the Megan Kelly show on Sirius XM.
01:24:36.940
It's your home for open, honest, and provocative conversations with the most interesting and
01:24:41.760
important political, legal, and cultural figures today.
01:24:44.680
You can catch the Megan Kelly show on Triumph, a Sirius XM channel featuring lots of hosts
01:24:49.660
you may know and probably love, great people like Dr. Laura, Glenn Beck, Nancy Grace, Dave
01:24:59.300
You can stream the Megan Kelly show on Sirius XM at home or anywhere you are, no car required.
01:25:09.120
It has ad-free music coverage of every major sport, comedy, talk, podcast, and more.
01:25:17.900
Go to SiriusXM.com slash MK show to subscribe and get three months free.
01:25:23.740
That's SiriusXM.com slash MK show and get three months free.
01:25:30.780
I want to play you one piece of tape, guys, that was played on the cross of Cohen this
01:25:40.840
morning that had all the media reporters reacting, saying, my God, he sounds so different.
01:25:47.220
And this is a very different version of Michael Cohen than the jury has been presented with
01:25:52.340
I'm not sure our audience will find it jarring or surprising because we've played a lot of
01:26:00.660
It's a thought from Michael Cohen's reaction to Trump's indictment on his mea culpa podcast,
01:26:07.460
So I want to thank the Manhattan district attorney's office and their fearless leader, Alvin Bragg.
01:26:15.460
He is about to get a taste of what I went through.
01:26:21.500
Picturing Donald Trump being led through the booking process, getting fingerprinted, having
01:26:26.380
his mugshot taken fills me with delight and sadness all at the same time.
01:26:31.880
Sadness, I say, because what an embarrassment it is to the office of the presidency to have
01:26:38.060
a former president of the United States handcuffed and mugshotted before the entire world.
01:26:45.840
So, Andy, you've been pointing out all along that they really don't have much.
01:26:51.920
If we go down your list, they have to prove falsity.
01:26:56.960
And they have to prove that he had an intent to conceal an underlying crime.
01:27:03.660
And that's the alleged election violation, you know, the campaign finance violation.
01:27:08.940
And they just there's just I don't where is the proof of that?
01:27:15.180
And there's a debate in legal circles about whether they have to actually prove an election
01:27:18.720
violation or whether they just have to prove he intended to violate the campaign finance
01:27:25.860
But really, it comes down to Cohen for the most part.
01:27:29.500
I mean, Cohen's the one who talks about the meeting with Weisselberg.
01:27:35.700
The case rests largely, almost entirely on Cohen and entirely as to that third piece of the
01:27:45.460
And my question to you is, do tapes like this, his serial falsehoods, just completely wipe that out?
01:27:53.580
I mean, are we at the point now where the judge actually could consider entering a directed
01:28:01.140
So I think, Megan, we have to take a second and take a step back and and just remember,
01:28:07.220
and I'm telling you what I tell myself at least a couple of times a day.
01:28:11.860
There's often a difference between, especially when you have a case that's that's covered as
01:28:18.240
intensely as this one, with what our understanding of the evidence is, because we can, you know, we can
01:28:25.780
take it in in bits and then analyze it legally versus what the jury is taking in in the courtroom.
01:28:33.700
You know, the jury doesn't get me and Dave to come out every 30 minutes and explain to them what it
01:28:44.500
But the thing is, there's nothing to me, the unseen dynamic in a in a criminal trial, probably any kind
01:28:52.580
of trial, but especially a criminal trial is how the judge number one relates to the jury, but also how
01:29:01.760
the judge treats the prosecution's case, because the jury takes its cues in terms of how it understands
01:29:10.140
it, how it how it at least presumptively feels about the government's case from the way the judge
01:29:16.080
is acting. Right. So we can we can say we can do this antiseptic exercise to say, as I've done, you
01:29:23.880
know, falsity, fraud of the crime. Right. That's that's all very neat and clean. But what the jury is
01:29:30.740
getting is. Judge Merchant is very solicitous of the government's case. The Trump defense is acting like
01:29:39.460
the NDA is even if they say they're legal, that they're not like, you know, that they need distance
01:29:45.920
from it. The judge is allowing the prosecutors to talk about a conspiracy as if it's already been
01:29:52.080
proved. The judges has allowed Pecker and Cohen to testify that in Pecker's case, there was a
01:30:00.940
non-prosecution agreement and a fine paid to the SEC, the FEC. And in Cohen's case that he pled guilty
01:30:07.840
to campaign finance violations. So the prosecutors are kind of acting like the other crime is not
01:30:15.200
something they have to prove. It's an established fact already. And I don't know, you know, it's going
01:30:20.820
to be very important what the jury instructions are in this case, maybe more so than even in the
01:30:26.040
in the usual case. But I don't know that the that the case we're analyzing is the case the jury
01:30:32.680
is perceiving. And on the last one of that last point that you made, this goes to me, this is one
01:30:39.880
of the biggest disconnects in the case. As you said, Bragg is now saying, you know, I don't even have
01:30:47.160
to establish the other crime. I only have to show that he intended to commit it. That's not how the
01:30:52.700
criminal law works. The way the criminal law works is if you commit an act, we infer your intention
01:31:01.220
from the act. And it's pretty it's pretty easy. If you rob a bank, we know what you have on your
01:31:06.900
mind. Right. But what the law is very concerned about is if we're criminalizing your thoughts,
01:31:14.360
then we require strong evidence that that's actually what you were thinking. So in theory,
01:31:20.960
you should have to prove more, not less. If what you're saying is we only have to prove that he
01:31:26.040
intended the crime, like there should be some unambiguous evidence that Trump had the
01:31:30.620
campaign finance laws on his mind and he had a reasonable enough understanding of him that he
01:31:36.240
willfully violated a known legal duty. That's the kind of evidence that you want when it's just an
01:31:42.100
intent crime. And instead, what they're saying is, I don't even I only have to prove like he intended
01:31:47.840
to do it as if that's a lower thing rather than a higher burden. So I just think the case we're
01:31:54.180
talking about that we get to parse may not be the case the jury's perceiving in the courtroom.
01:32:02.400
Right. We're kind of ivory towers right now, not man on the street taking it all in the way the
01:32:07.940
jury's taking it in and experiencing it fresh faced the way the prosecution's presenting it and the
01:32:13.580
defense is poking holes in it. So, Dave, where what do you think so far? I mean, what's the narrative
01:32:19.460
going to be? The underlying crime was what? That he received an illegal campaign contribution
01:32:25.320
from Michael Cohen in the form of one hundred and thirty thousand dollars. And then he worked
01:32:30.720
with Cohen and Weisselberg to cover it up. And to document it falsely, is that that's basically it.
01:32:39.320
Correct. And that the crime occurred when Michael Cohen paid Stormy Daniels one hundred thirty
01:32:43.880
thousand dollars. That was the campaign finance crime. And you don't have to prove beyond a reasonable
01:32:49.040
doubt, as Andy said, that that crime occurred. You just have to show that that's why they falsified
01:32:55.120
the business record. So first, you have to show that Trump was involved with the falsification
01:32:59.420
of the business records, and that was intended to conceal the campaign finance crime. Now,
01:33:04.660
I know there are some commentators who are suggesting that there's also some tax crimes that
01:33:09.240
the state is going to allege because of the way they grossed up the payment to Michael Cohen.
01:33:14.780
I am unclear on that. That just confuses me because Michael Cohen did pay taxes on that amount. So
01:33:21.200
the state of New York doesn't seem to be out any money. So I don't know what they're talking about
01:33:25.280
when it comes to the tax crime. Maybe Andy can help me on that one. But I think the best second crime
01:33:30.180
they have to make this a felony is still the campaign finance crime. Now, on appeal, we'll see if
01:33:35.280
the courts allow a state prosecutor to lean on federal campaign finance laws to elevate a state
01:33:42.080
misdemeanor to a state felony. We'll see. Yeah, especially when there is no campaign finance
01:33:47.300
violation here. But let me ask you this. So do you agree, Dave, that the evidence they have that
01:33:52.080
Trump was in on the alleged scheme boils down to that January 16th meeting with Weisselberg or 17th
01:33:57.120
meeting with Weisselberg, Cohen and Trump and what Cohen is saying about Trump hearing the way that
01:34:04.520
Cohen was going to bill it? And potentially also Cohen claims that Trump reassured him that there'd
01:34:13.760
be no campaign finance problems with the law because Jeff Sessions, according to Cohen, Trump said,
01:34:19.660
Jeff Sessions is in my pocket. Is that is there some other bombshell out there that supports Trump
01:34:25.280
knew and was in on the documentation scheme? The testimony that we heard from Jeff McConaughey that
01:34:30.740
Donald Trump was a micromanager who expected him to negotiate bills down, I think is circumstantial
01:34:38.040
evidence that Donald Trump is not going to just sign off willy nilly on a $35,000 per month
01:34:43.460
retainer payment unless he knew that this was for something very personal to him, the hush money
01:34:50.660
payment. So I think you can extrapolate that. Okay, but that doesn't get to the false documentation.
01:34:55.560
That gets to, I knew what it was for. It was the stormy hush money. I'm trying to get
01:35:00.560
all the evidence that proves he knew they were going to write it down falsely. He was fine with
01:35:04.980
that. He was in on that scheme. And he also had a willful intent to violate campaign. He knew that
01:35:13.260
this was going to violate the campaign finance laws and had a willful intent to do that. So far in that
01:35:17.900
latter, latter point, all I've seen is the alleged conversation, conversation, conversation about
01:35:22.860
Jeff Sessions. Don't worry. He's in my pocket. He's not going to come after you, David Pecker or anybody
01:35:28.160
else. Right. Well, in February, they had that meeting in the White House where Michael Cohen
01:35:32.320
alleges that he and Trump met and Trump said, hey, are you okay? You need money? And then you'll get
01:35:38.060
your checks for January and February. Go talk to Allen, meaning Allen Weisselberg. And so you'd have
01:35:44.260
to believe that Donald Trump didn't know what Allen Weisselberg had come up with this grossing up
01:35:49.240
scheme, the way that they framed it, that Donald Trump really believed that this was for legal fees or
01:35:54.140
legal expenses, that all this stuff was legit above board, when in reality, it does look like
01:35:59.680
that Donald Trump was involved from soup to nuts from the beginning to the end in paying out the
01:36:05.000
hush money and disguising it as these legal expenses. And perhaps it would have been a good defense if he
01:36:10.700
said, yeah, I interpreted reimbursement as legal expenses. So there is no fraud here. But that was
01:36:16.540
undone by Trump's own lawyer, Todd Blanche, to say, no, no reimbursement whatsoever within the $420,000.
01:36:22.080
Okay, guys, a couple of quick questions on the witnesses. Weisselberg is at the heart of this
01:36:26.800
whole thing. He was allegedly in the room for this pivotal meeting. Right now, we know he's in
01:36:30.900
Rikers. He would not cooperate with Alvin Bragg. So he's sitting in jail on some other cases against
01:36:36.500
Trump. And he's not going to be called because the prosecution says Cohen's their last witness.
01:36:42.080
And I guess the defense is not calling him. I don't even know if you can you call him as a defense?
01:36:46.560
Can you get him out of jail for a day to come testify? Anyway, they're not calling me there,
01:36:50.140
we believe. So why is that, Dave? Well, it's easy to see why the prosecutors aren't going to call
01:36:56.160
him. He's a liar. He's convicted perjury sitting in Rikers right now. And he's loyal to Donald Trump.
1.00
01:37:01.660
So he's not going to help the prosecution. It's that last thing. It's that last thing that's
01:37:05.280
keeping him off the stand, because those first two things are true of Michael Cohen, too.
01:37:09.580
Fair enough, except Michael Cohen is not in Rikers. But yes, point taken. As far as why the defense
01:37:14.720
isn't calling him, he has his credibility problems, too. I don't know if it's a good look to put on as
01:37:19.880
your main witness, a guy who has so much baggage and they really can't control. Although he's loyal
01:37:24.840
to Trump, he could give up something that could ultimately bite him in the butt. Now, the other
0.99
01:37:29.640
thing is this. The defense just seems like they're going to rest without putting on any witnesses at
01:37:34.980
all. And that is not uncommon. If they think the state has not reached its burden of proof,
01:37:40.440
then they don't have to put on a thing. I know for sure that Trump's not going to testify.
01:37:44.640
I did think the expert witness would testify. And right now we're hearing that may not happen.
01:37:49.200
Well, yeah, because they said that they were going to bring one witness. The defense did,
01:37:52.120
Dave. So that's changed now. I'm hearing that it's uncertain now. I thought it was. Maybe Andy
01:37:57.980
knows more. But I got the sense that right now it was in flux. Okay. So why do you think Weisselberg is
01:38:04.460
not taking the stand, Andy? And does anybody have any thoughts on where Keith, the bodyguard, is?
01:38:08.860
If we're going to dispute whether there was an interlude with Stormy Daniels,
01:38:12.580
one side, whichever one is telling the truth, should want Keith to get on the witness stand and say,
01:38:19.140
I was outside of his door every night. She never, never came there. Or I remember she went in. I
01:38:25.280
don't want to be here and turn on Mr. Trump. But yeah, she definitely was there. Go ahead, Andy.
01:38:30.200
On Weisselberg, he's not testifying because Bragg won't immunize him. He's got a live
01:38:34.860
Fifth Amendment privilege. And if he testifies favorably towards Trump,
01:38:40.320
what Bragg has demonstrated is that while he's not particularly interested in prosecuting actual
01:38:47.420
crime in New York, which is a pretty significant problem, he's very interested in prosecuting
01:38:53.700
Allen Weisselberg. He does it more often than I go on vacation. So, you know, that's why. And I
01:39:00.900
actually think this is one of the more underhanded things I've seen in a long time, because it's
01:39:06.580
obvious that if you're the jury, you'd be sitting there saying, where is Weisselberg? And what Bragg
01:39:12.460
tried to do last week was get in to evidence the severance agreement between Trump and Weisselberg.
01:39:21.580
Weisselberg gets $2 million, but there's all kinds of provisions in the agreement that prevent him from
01:39:27.100
speaking publicly or contributing to investigations and other stuff against Trump. And what Bragg is
01:39:35.560
trying to do is suggest that the one keeping Weisselberg off the stand is Trump, because he's
01:39:44.180
got this severance agreement that he can hold over him. In the meantime, the severance agreement has an
01:39:49.020
explicit term that says, if you get subpoenaed, or if you get called by a court of competent
01:39:53.920
jurisdiction to come in and testify, yes, you can come in and testify. That's, you know, the agreement
01:39:59.640
doesn't actually have to say that to be true, but it is true, right? So what Trump, what Bragg is
01:40:07.500
trying to do is say, Trump is the guy keeping him off the stand. In the meantime, the guy keeping him
01:40:12.040
off the stand is Bragg. All he's got to do is give him immunity, and then he could bring him in to
01:40:16.080
testify. And if he would say a version of events that was helpful to Bragg's case, that's exactly
01:40:21.340
what Bragg would do. But the only guy who's got power to give him immunity is Bragg. No one else in
01:40:26.160
the equation has that power. Any thoughts on the bodyguard? Any like, why wouldn't they call the
01:40:31.500
bodyguard? I don't, I don't, I guess I don't know enough about that, because I, and maybe this is
01:40:40.400
just me, because I have like this conceit about this whole thing, and I just can't get past myself. But
01:40:46.000
I just think the stormy thing is so out of place in this case. I mean, that testimony, I even think the
01:40:55.180
judge regrets having allowed that graphic testimony in the case. It's totally irrelevant
01:41:01.440
to whether, you know, whether Trump paid the money or whether Cohen got paid and what the
01:41:11.500
documents say and how the documents were prepared. It's really far afield from that. And I think the
01:41:17.820
Trump people have made enough in the way of a mess for themselves by fighting things that they
01:41:22.200
shouldn't be fighting. I don't understand why the state cluttered up their case with that other than
01:41:27.080
to dirty up Trump. I don't see any other good reason for it. Maybe they didn't feel like they
01:41:32.620
needed him, Dave. Yeah. And Megan, this is another self-inflicted wound by Todd Blanche's opening
01:41:38.060
statement. He made it a point to say that the sex never happened. And so that opened the door
01:41:42.480
for Stormy Daniels to bring out all this salacious stuff that otherwise she would never have been able
0.99
01:41:46.880
to talk about. So that was another miscue, I think, unless the defense can use that on appeal
01:41:52.920
to overturn the case because that stuff was so prejudicial. So maybe there's a strategy in it
01:41:57.100
after all. Okay. Let's talk about what could happen after this, because we had Mark Garagos and
01:42:02.640
Marsha Clark on the program yesterday, and we had a brief discussion about what would happen if Trump
01:42:08.880
were convicted. Would he be remanded? I mean, would he be putting cuffs immediately? Would he be taken?
01:42:15.260
Would he be remanded to jail pending the filing of an appeal, etc.? And could he potentially as,
01:42:22.240
you know, could there could something as extreme happen, Dave, where he could be wearing an ankle
01:42:27.640
bracelet during the first presidential debate later in June? I don't think so, Megan. A judge
01:42:35.260
understands the moment he's in. And I think that if Trump is found guilty after the sentencing won't
01:42:41.660
take place right away, he will not be remanded. He'll be allowed to go about his business. And then
01:42:46.900
when he gets sentenced, I think it's more likely than not he gets just probation. And if he does get
01:42:51.820
anything more than probation, yeah, he could get some house arrest. But remember, Trump is going to
01:42:56.520
appeal that immediately. So he won't have any sanction, I think, until after, well after the election.
01:43:01.540
Both Garagos and Marsha Clark, who are legit trial attorneys, as you know, said he'll probably get
01:43:09.340
jail time at any, well, there was some question about whether he'll, but that any other defendant
01:43:14.160
would get jail time for these 34 felonies, even without a prior record. Is that crazy talk, Dave?
01:43:22.820
I think it's true that other defendants could get jail time, 34 counts, even with no prior record.
01:43:29.380
They could, but most of them seem to get probation for this. Donald Trump, though,
01:43:34.000
I do not believe he'll get jail time. I don't know how you put him in jail with Secret Service
01:43:37.360
for this. I think, yeah, he could get some level of house arrest with an ankle bracelet at some
01:43:42.760
point, but this is going to be on appeal for some time. And I just don't see him wearing an orange
01:43:48.100
jumpsuit or steel bracelets ever in this case. Marsha had questions about jail time. He was,
01:43:53.120
he was saying, who are your experts? I was like, what do you, I got the best experts in law coming on
01:43:56.960
this show? And he was the first one who really pushed the idea that he was going to go to jail
01:44:01.620
for this if he gets convicted of the 34. Go ahead, Andy. I looked at the stats the other day. I did a
01:44:08.460
little post on National Review for this. In 2022, which is the last year they have full records, there
01:44:14.860
were 156,000 arrests in New York City, of which 72,000 were felony arrests. And of those, almost
01:44:26.000
30,000 were violent felony arrests. You know how many people got prison sentences in 2022? 4,350
01:44:34.520
out of 156. How many were named Trump? Well, no, but my point is, my point is, it's really hard to,
01:44:43.960
what does Heather McDonald say, that like, prison is like the Lifetime Achievement Award for criminals?
01:44:48.480
It's really hard to get sentenced to prison in New York. And the other thing, Dave may know more about
01:44:54.820
this than I do, but I'm pretty sure I was not a state practitioner in New York. I only did the
01:44:59.360
federal stuff, but my understanding is with certain categories of nonviolent crime, and this, even
01:45:06.880
though it's a felony, would be considered a nonviolent crime, that once he files a notice of
01:45:12.700
appeal, he's out until the appeal is decided. So I don't see, is there prison in his future if he gets
01:45:23.140
convicted here? It's possible. But I think he could string this out till 2025, 20. And once he's,
01:45:29.120
if he wins the election, and I've never been one who thought, I still think Biden's the favorite to
01:45:35.580
win the election. But if he wins the election, I would think under the supremacy clause, they would
01:45:42.920
argue that he shouldn't face a sentence until after he's out of office. So I think it's a long way
01:45:50.220
from that. So you don't see him in an ankle bracelet, or God forbid, behind bars. Can you
01:45:55.200
imagine that debate? Hold on, hold on, just doing cell check. I'll get, I'm going to answer that right
01:45:59.960
after they deliver my, my meal. That's insane. Here, here's Dave, you go on MSNBC. Here's Lawrence
01:46:09.200
O'Donnell with some thoughts on, on the upcoming debate, and why he's not happy about them. Stop 25.
01:46:15.520
There will be a nominee in the debate, facing at least three indictments, who will already have
01:46:25.480
been convicted or found not guilty in an earlier trial happening now in New York City. If there is
01:46:31.420
a hung jury in the Manhattan trial, and the district attorney announces that he is going to pursue a
01:46:36.900
retrial of Donald Trump on those same charges, then Joe Biden won't be able to talk about that case
01:46:41.980
either. A so-called debate that was already going to be ridiculous, is going to be even more
01:46:50.600
preposterous. It will be the theater of the absurd. Joe Biden won't just have one hand tied behind his
0.92
01:46:58.840
back. He will be put in a legal straitjacket. And the unfair benefit to Donald Trump is enormous.
01:47:06.960
Joe Biden is a good lawyer who could rip up Donald Trump in a debate just talking about the criminal
01:47:15.740
indictments, indictments against Donald Trump alone. Do you agree with that, Dave, that he won't be
01:47:22.640
able, Biden won't be able to raise any of the criminal indictments at the debate? I don't see why he can't
01:47:28.920
raise them. I mean, he, he can talk about state cases. I understand why he may not want to talk about
01:47:33.960
federal cases that his own Department of Justice is pursuing. He can talk about them generally,
01:47:38.640
though, say, hey, you're the one who's been indicted four times. He can say stuff like that.
01:47:43.300
But there's nothing to stop him from talking about a state case, even a state case that ended in a
01:47:47.920
home jury and still has to be tried again. So, no, I have to disagree with him on that. I don't know
01:47:52.420
what authority he's citing that would say that Joe Biden can't talk about those things.
01:47:58.240
I agree with you. I was, I wondered if, silly me, I wondered if he knew something I didn't.
01:48:02.900
I should have known better. Do you have any thoughts on that, Andy, whether Joe Biden will
01:48:07.140
be somehow prohibited from commenting? I mean, I feel like he will definitely comment on at least
01:48:12.800
the New York state case, especially if there's been a conviction. Yeah, I think Trump, when he
01:48:18.780
was president, would get himself in trouble by doing things like recommending that somebody get
01:48:23.260
severe jail time. But in prosecutor's offices, which is the executive branch, and I was a Rudy
01:48:32.240
Giuliani assistant. So there was a fair amount of concern about how the media was going to report on
01:48:38.900
our cases. But a lot of thought went into what you put in charging documents so that as long as it's on
01:48:45.560
the public record, you're allowed to talk about it. So I don't see why he wouldn't. The attorney
01:48:50.360
general or the prosecutor on the case could speak publicly about what's on the public record. So I
01:48:55.680
don't see why he shouldn't. The other reason, though, I think the debate will be hilarious,
01:49:01.360
and maybe we'll talk about this some other time, is if things go the way they're now scheduled to go,
01:49:07.180
Hunter Biden's got a trial on, is it June 3rd? June 3rd. Is the gun case? And then June 20th is the tax
01:49:15.880
case. I mean, I don't know what they're going to do. Will they ever get around to talking about
01:49:20.360
inflation or Israel? That's a good question. I mean, we're going to be talking. It'll be like us
0.98
01:49:26.240
three talking about talking about the trials. Yeah, exactly. Talking about whether it was a
01:49:31.760
reimbursement or not, just like completely off point. I got to ask you this last thing. So yesterday, I
01:49:38.880
mentioned this to our panel. And what we were told by a source close to the J-6 federal case
01:49:45.700
is that there's an expectation that this is what the prosecution is going to do, Jack Smith,
01:49:51.600
that the Supreme Court is going to rule on whether Trump has absolute or partial immunity.
01:49:57.460
They're also going to rule on that J-6 obstruction case that doesn't involve Trump, but could gut
01:50:02.500
one of the main claims against him. And something will probably be left of Jack Smith's case. The
01:50:09.800
odds of it going away completely because Trump's completely immune for all, very, very slim. So
01:50:15.040
something will be left. That's worst case scenario for the prosecutor. Best cases, everything's left.
01:50:22.500
Then they kick it back down to Judge Chutkin and they say, you figure out, you know, potentially
01:50:27.620
which of the behaviors alleged took place as in his role as president and which of the behaviors
01:50:33.880
alleged took place in his role as candidate Trump, not working for the American people,
01:50:38.920
but working for himself because that latter group would not be immunized. That's that's an expected
01:50:44.060
ruling could could go differently. But let's say that's what happens. They expect Jack Smith
01:50:49.220
and Tanya Chutkin, the judge, to pedal down to the metal on trying the case. This Supreme Court
0.96
01:50:57.440
ruling would come out in June, presumably. And then we move forward to maybe July, maybe as
01:51:03.900
soon as August that she actually tries the case. It's going to take a long time. It's not going to
01:51:08.160
be a fast case. And there's a belief we won't get it tried before the November election. I share in
01:51:12.680
that belief, but they do think it could get tried before January 6th. So Trump could potentially win
01:51:21.100
the presidency in November while he's on trial in that D.C. courtroom. The DOJ rule of we don't
01:51:28.920
prosecute within a certain window doesn't apply. They've already said we charged him well before
01:51:32.840
that window. So it's on there. They're full steam ahead. He gets elected president. He gets convicted
01:51:41.120
in the J6 federal court. And then the Democrats turn it into a battle in Congress not to accept
01:51:51.500
the vote, the certification. The count will have happened in December. And then the certification
01:51:57.280
would be J6 like it was the last time. And they will make the case. He's a convicted felon in a federal
01:52:05.000
court over, you know, obstruction or whatever counts are left. You can't certify this vote and
01:52:11.800
then it's going to turn ultimately into a political battle again. How do you like that theory? And could
01:52:17.840
it actually play out like that, Dave? I do think that if the Supreme Court greenlights the case that
01:52:23.780
Judge Shutkin and Jack Smith are going to go pedal to the metal, I do agree with that. But I think that
01:52:29.700
we're thinking so many steps ahead about how the Democrats will react if it happens right before
01:52:34.300
he takes office. That's a lot. My head is spinning on so many hypotheticals. But I do agree with the
01:52:41.180
fact that if this case can be tried before the November election, that it will be. I don't think
01:52:47.180
that they're going to move to try it after the elective. Trump gets elected in November. I don't
01:52:52.120
think that Judge Shutkin and Jack Smith are going to set this case for November 20th. What if it's
01:52:58.220
mid-trial when it gets elected? Yeah. They'd have to actually like recess the trial for a week for the
01:53:02.760
election, perhaps? I guess. Oh, I don't know that answer, Megan. But I do think that-
01:53:08.060
Because, Dave, he wouldn't yet be president. So he couldn't pull the DOJ off the case. He would be
01:53:13.240
president-elect. He can't pull the DOJ off the case until he's sworn in.
01:53:18.060
I think that the way that they'll do it is if they think they can complete the trial before the
01:53:22.720
election, they'll go ahead with it. I think if they think the trial would take place and continue
01:53:27.120
till after the election, then I don't think they set it for trial. I don't think Judge Shutkin would
01:53:30.780
go that far. I totally disagree with you. I think she'll do what she needs to do to get him.
01:53:37.120
But you go ahead, Andy. Yeah, I think there's a missing piece in the hypothetical. So I think the
01:53:45.460
smart money is that the Supreme Court is apt to remand the case to Judge Shutkin with some guidance
01:53:55.040
about distinguishing official acts from private acts, and then tell her to work out which is which,
01:54:06.420
because you may have to take some evidence on that. So let's say the case gets remanded that way.
01:54:14.440
Here's the quandary for Jack Smith. I thought, listening to the argument, and I confirmed this
01:54:20.980
rereading the transcript of it, I thought that Sauer, the lawyer for Trump, gave a lot of ground.
01:54:30.320
And especially in the answers to the questions by Justice Barrett and Justice Kagan.
01:54:38.880
Right. And like, for example, the fake electors scheme is private conduct. The allegation that
01:54:47.360
he has that verification document in the litigation in Atlanta that has a false statement in it,
01:54:52.940
they admit that that's private conduct. Now, here's the thing. This would require a concession
01:54:59.680
from Smith that, based on the way he's tried the case in Florida, I don't know if he has it in him.
01:55:05.380
But I could see a prosecutor going to Judge Shutkin and say,
01:55:11.120
you know what, Judge? Forget about going through the indictment and parsing it out.
01:55:17.900
We're ready to go on, go to trial on just the stuff that they said was private. And I'll leave
01:55:23.900
the rest of my case, even though I want it on the on the cutting room floor. Now, the reason I say I
01:55:29.100
don't think Smith has it in him is I really thought in Florida, if he wanted to get to trial,
01:55:35.540
he should have made that a fast and nasty obstruction case and not don't do the three
01:55:40.940
dozen classified information counts to get you into two years of CEPA litigation. You don't need
01:55:47.200
that. If you want to get the guy to trial, he's got like 40 or 50 years of exposure on the on the
01:55:52.540
six or eight counts of obstruction. He could have gotten that case to trial, but he wants the whole
01:55:58.020
case. So it's it's in this limbo. And if he acts like that in Washington, then I think all bets
01:56:04.100
are off because you'll never get to those scenarios you talked about, Megan, because
01:56:08.720
if if they send the case back to Chutkin for her to do this exercise and go through it,
01:56:14.540
then it's still a pending immunity case, immunity issue, which is appealable.
01:56:21.300
So she'll make her ruling and then Trump will appeal to the D.C. circuit.
01:56:25.000
OK, I agree. I agree. But but you take it from here, Andy. I agree. But then the Court of Appeals
01:56:32.840
will take it. D.C. Court of Appeals will take it. And they're I don't know. Let's just say they
01:56:36.700
rule for her like they did the last time on immunity. Who's to say the Supreme Court's going
0.97
01:56:41.520
to take that appeal up and get down into the granular, you know, OK, this is private. No,
01:56:47.880
this is presidential. Wouldn't they in that circumstance be more likely to say that one
01:56:52.460
we're not taking? We defer to the court and to the Court of Appeals. That's making the problem.
01:56:57.140
Yeah. But the problem is in in federal law, I don't know if it's the same way. And I think it's
01:57:03.540
the same way in most jurisdictions. There's you're only in front of one court at a time.
01:57:09.600
As long as the immunity is a live issue, she's not going to be able to do or she's got like three
01:57:15.060
months of work to do to get this case to trial because there's major pretrial motions that haven't
01:57:19.960
been decided. There's also going to be an attack on Smith's status as a special counsel,
01:57:25.740
which they're going to litigate down in Florida as well. I don't see how there's enough time
01:57:30.940
unless Smith just says, I'm willing to live with the case as Sauer conceded it was in the Supreme
01:57:38.900
Court in terms of the private activity. Let's go to trial on the fake electors and the false
01:57:44.900
statement. Then I think you could get to trial. But if you if you don't do that, then it's still
01:57:49.980
an immunity issue that's appealable. And once the D.C. circuit takes it, even if they only take a
01:57:55.500
month, that's a month that checking can't do anything on the case. I just don't think there's
01:58:00.080
enough time to get it to trial. Dave, do you think there's any chance Jack Smith will winnow
01:58:07.940
the J6 case down, as Andy just outlined, or potentially the Mar-a-Lago case? That's where
01:58:14.500
you are in because he understands if Trump wins this election, both of those cases are going away
01:58:22.380
entirely. So if there ever were a time to take half a loaf, he might be thinking this is it.
01:58:30.680
I agree with Andy on the January 6th case. I do think the election interference case in D.C.
01:58:35.760
can be narrowed and expedited, not the Mar-a-Lago documents case. I think Jack Smith is resigned to
01:58:42.080
the fact that with Judge Cannon, he's not going to have this happen before the election, no matter what
01:58:46.740
he tries to do. And as Andy said, if Jack Smith really were about just gaming the system, he could
01:58:52.960
have filed the Mar-a-Lago documents case in Washington, D.C. in a better form. And not only
01:58:58.400
did he file it in the Southern District of Florida, but he actually asked for the West Palm Beach
01:59:03.000
division, which allowed Judge Cannon to be the more likely judge assigned to this case. So Jack Smith,
01:59:09.620
I think, just believes in the system. He's going to move ahead. But I do think that if he has a chance
01:59:14.300
to expedite the January 6th trial because of everything that's been going on, yeah, I think
01:59:19.200
he does that. And Judge Huckin would go along. All right. I got to get Andy to give the last word.
01:59:24.840
Jack Smith just believes in the system. He's a Boy Scout. He's just Joe Friday in there trying to do
01:59:30.380
his best for the American people. Do you believe that? Well, let me put it this way. Mike Dreben got up
01:59:39.340
in front of Mike Dreben, who is Smith's lawyer, right? Got up in front of the Supreme Court being
01:59:44.540
asked questions by Justice Alito and said, you don't have to worry about politicized prosecutions
01:59:52.440
because we don't do something like that. After all, prosecutors take an oath and we have to go
01:59:59.660
through the grand jury to get charges filed. And we have all kinds of internal controls in the
02:00:08.360
Justice Department to make sure that sort of thing doesn't happen. While Dreben was looking
02:00:15.120
the court in the eye and making that argument, if you looked over at the table for the other party in
02:00:21.240
the case, what you didn't see was the defendant who was entitled to be present, but who wasn't present
02:00:27.860
because he's up in a political prosecution in New York and he can't be present at the trial.
02:00:34.540
Jack Smith has scheduled these cases, has brought his indictments under circumstances where the cases
02:00:45.920
had to come to fruition in the months leading up to the election, even though there's Justice
02:00:50.780
Department guidance that says we're never, ever supposed to take election dates into account.
02:00:57.460
This was all strategically done. And this idea that you, you, that the public has an interest in a
02:01:05.980
speedy trial that trumps the interest, pardon the pun, of a defendant who has been prosecuted not by
02:01:14.420
one, but by four different prosecutors, including Smith twice. Under circumstances where any one of
02:01:22.660
these cases would be a full-time job to get ready for, and they want to do all four of them, and they
02:01:29.140
want to do it before election day, and then they want to tell you his due process rights have been
02:01:34.240
completely upheld and respected. And then they want to look you in the eye and say, we're just about
02:01:39.460
the system. We're just upright guys. We don't care if it's Trump or, you know, Joe Schmoe off the
02:01:45.380
street. We treat them all the same. Really? I don't think so. Same. It's like going down in an
02:01:51.980
airplane, a la the one they showed in Lost, crashing and burning and Boeing being like,
02:01:57.840
we checked all the safety boxes. We follow protocols. Fear not. Who would ever, who would
02:02:03.520
ever cut corners and see a plane go down? That was how the Supreme Court argument felt to me on,
02:02:08.560
when Jack Smith's lawyer said that. Okay, sure, Jan. Sure. Guys, you're great. Thanks. I'm sorry I stole so
02:02:14.700
much extra of your time, but as usual, a stellar discussion. Thank you both. Thank you. Thanks so
02:02:19.640
much. And we will be back tomorrow with our pal Dan Bongino. Oh, we've got so many good things to
02:02:26.080
talk to Dan about. I know you're going to love it. Please tune in. Thanks for listening to The
02:02:33.540
Megyn Kelly Show. No BS, no agenda, and no fear.