00:09:07.800He says it's reckless to do this and we need to not tear down the justice system.
00:09:12.060Nobody has torn down our justice system more than that man, Joseph Robinette Biden Jr.
00:09:18.100He has presided over, number one, politicizing the Department of Justice in a way that is utterly shameful, that targets his political enemies, that protects his own corruption.
00:09:30.300And at the same time, he says, well, we got to respect this system.
00:09:33.240He ignores the fact that Alvin Bragg is a viciously partisan prosecutor, a Democrat who campaigns saying, I'm the guy to get Donald Trump.
00:09:45.720Joe Biden doesn't acknowledge any of that.
00:09:47.260He doesn't acknowledge the fact that the number three person at his own Justice Department left the Department of Justice to go join the prosecution.
00:09:56.120This was a state case, not a federal case, except for the fact that one of the lead lawyers was your number three lawyer at the Department of Justice.
00:10:03.480He doesn't acknowledge the fact that this judge was a joke, was a rabid partisan, was a donor to Joe Biden.
00:10:15.520You know, the man should have been he should have taken off his black robe and he should have put on a Biden hat because it was a campaign.
00:10:23.280You want to talk about an unacknowledged campaign contribution?
00:10:26.580How about every day Judge Murchant showed up to work?
00:10:38.500Apparently, Joe Biden needs to disclose Alvin Bragg's salary on his campaign finance reports because this is entirely intended to influence the outcome of an election.
00:12:51.080By many reports, George Soros is – he's very elderly and apparently he has diminished significantly, much like Joe Biden.
00:13:00.060And so it is widely reported that Alex Soros is running things now, that Alex Soros is the young, hard leftist who is distributing billions of dollars, funding it all.
00:13:11.680And so how did Alvin Bragg get elected?
00:13:17.520By the way, Soros is doing this all across the country, investing millions and millions of dollars in electing left-wing DAs who let criminals out of jail, who won't prosecute murderers.
00:14:23.460Most people that are listening, they know what was said.
00:14:26.700But there's also this psychotic gleefulness over the idea now that they're saying not only we're going to call him a convicted felon, but Donald Trump can't travel outside the country to many other countries.
00:14:37.480Do you really want that guy to be your president?
00:14:39.260I mean, this is they obviously knew what they were going to say long before he was convicted and play it out for this campaign, knowing that the appeal wouldn't happen in time.
00:16:41.200The same thugs that will throw you in prison, they're trying to do the same thing to Donald Trump right now because all they care about is power.
00:16:51.380Let's talk about the step forward for Trump and using not just the smirk, but also using this court case to explain to the American people just how rigged it is.
00:17:02.720I think that's an important point for him.
00:17:05.020He's going to have to go out there and explain this is how all this went down.
00:17:25.160Everyone involved in this is obviously a partisan.
00:17:28.820It's why I get so angry at Joe Biden saying it's reckless to tear down our justice system because he's the one tearing down the justice system.
00:17:36.080I watched that press conference, and it reminds me of like an arsonist holding cans of gasoline with matches in his hands saying, stop complaining about me lighting buildings on fire.
00:17:49.060He's the one burning our justice system to the ground.
00:17:52.800And there are real consequences to it.
00:17:54.480There are real consequences to people losing faith.
00:17:57.900What he actually said about our system of justice is a cornerstone of America.
00:21:38.200In fact, no state prosecutor in New York or Wyoming or anywhere has ever listen to that word ever charged federal election laws as a direct or predicate state crime
00:21:58.700against anyone for anything, none, ever, even putting aside the specifics of election law.
00:22:11.460The Manhattan D.A. itself almost never brings any case in which falsification of business records is the only charge.
00:23:56.900And it has a two-year statute of limitations, which means the prosecutor has two years to bring the case.
00:24:03.060All of this happened years ago, back in 2016.
00:24:05.560So the statute of limitations expired years ago.
00:24:08.180So every one of the charges that Alvin Bragg brought, you can't bring now under the plain text because two years has passed.
00:24:16.500So New York has, however, a mechanism to elevate that crime to a felony if the falsification of business record is done with the intent to conceal another crime.
00:24:29.760And so I want to break down these jury instructions because it's going to show just how absurd this was one thing linked upon another linked upon another.
00:24:37.020So page 29 of the jury instructions, here's what the judge told the jury.
00:24:42.160Intent to commit or conceal another crime.
00:24:45.380For the crime of falsifying business records in the first degree, the intent to defraud must include an intent to commit another crime or to aid or conceal the commission thereof.
00:24:55.080Under our law, though, the people must prove an intent to commit another crime or to aid or conceal the commission thereof.
00:25:02.400They need not prove that the other crime was in fact committed, aided or concealed.
00:25:10.280So it's a crime that doesn't have to have happened.
00:25:37.640New York Election Law Section 17152 predicate.
00:25:41.180Here's what the judge instructed the jury.
00:25:43.780The people allege that the other crime the defendant intended to commit, aid or conceal is a violation of New York Election Law Section 17152.
00:25:52.100OK, that's some clarity that we didn't have through much of the trial.
00:25:54.660But the judge actually specifies, all right, this is the quote other crime.
00:25:58.540What does Section 17152 of New York Election Law provide?
00:26:02.140Well, it provides that, quote, any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more parties thereto shall be guilty of conspiracy to promote or prevent an election.
00:26:20.520And so the key words there are unlawful means, two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means.
00:26:36.360So those two words, unlawful means, are the entire foundation on which this whole case is built.
00:27:02.260Quote, although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means,
00:27:17.140you need not be unanimous as to what those unlawful means were.
00:27:22.940In determining whether the defendant conspired to promote or prevent the election of any person to a public office by unlawful means,
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00:29:11.140Is it fair to say that the judge basically gave instructions to the jury that almost put them in a position where there's no way to not find them guilty because there's such ambiguity?
00:29:19.360The way they define this, the judge knew damn well it was all but forcing the jury to render a guilty verdict.
00:29:28.860Now, I still think a juror should have said no.
00:29:31.480And by the way, there is a long tradition in our jurisprudence of what's called jury nullification, which is there are times, and this has happened repeatedly, where a juror says,
00:29:41.240you know what, you may give me instructions that I've got to do X, Y, and Z, but this is garbage, this is BS, no, this is a miscarriage of justice.
00:29:52.380And that's part of the reason our system has a jury system, is to have 12 ordinary people as a check on the prosecution and on the justice system.
00:30:03.380It's why I held out hope for a hung jury that someone would say, this is so obviously garbage, I won't play a part.
00:30:12.760But I will say I feel some sympathy for the jurors because reading this, here's the instruction that the judge gave about the Federal Election Campaign Act.
00:30:22.140The terms, contribution, and expenditure include anything of value, including any purchase, payment, loan, or advance made by any person for the purpose of influencing any election for federal office.
00:30:32.440Under federal law, a third party's payment of a candidate's expenses is deemed to be a contribution to the candidate unless the payment would have been made irrespective of the candidacy.
00:30:43.040So, in this instance, the focus was on the money that Michael Cohen paid to Stormy Daniels, the so-called hush money to keep her quiet about the alleged affair.
00:30:53.820Now, under this instruction, the judge has basically told the jury that is a campaign finance violation.
00:31:02.440He says, any payment, any payment of candidates' expenses is deemed to be a contribution unless the payment would have been made irrespective of the candidacy.
00:31:11.600Now, the judge did not allow Brad Smith, the chairman, former chairman of the Federal Elections Commission, to testify.
00:31:18.240And that instruction on federal campaign finance law is woefully incomplete.
00:31:26.640So, Brad Smith put out a tweet thread that actually explained federal campaign finance law.
00:31:32.400I want to read it and walk through that because it will show why the judge's jury instructions were so deficient.
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00:33:03.680Senator, I want you to go over what you were just describing because it's amazing that the guy that should have been able to go before the court and explain these laws and how they work to the jury was barred from testifying.
00:33:14.200And that's why apparently he decided to put out this long tweet.
00:33:22.240Falsifying business records under New York law is a misdemeanor, unless it is done to hide a crime.
00:33:28.500Bragg says that crime was a violation of Federal Election Campaign Act, FICA, or of a New York statute making it illegal to influence an election by unlawful means.
00:33:37.580But if the latter, what is the, quote, unlawful means?
00:33:41.760That's what we were talking about a minute ago.
00:34:51.520But for context, note that there is no limit on how much Trump can pay, can contribute to his own campaign.
00:34:58.480By October 27th, when Daniels was paid, Trump had already spent over $60 million of his own money on the campaign.
00:35:05.640It would have been easy for him to toss in another $130,000.
00:35:08.580Now, back to the definition of contribution.
00:35:12.220If they bought Daniels' silence to, quote, influence an election, what the prosecution has alleged, isn't that a contribution and also a campaign expenditure, which mirrors the contribution definition?
00:36:03.820How about if a would-be candidate pays a lawyer to seal old divorce records because he's afraid that if revealed, they would be damaging to his candidacy?
00:37:07.160And by the way, it's a rule that says every candidate for public office, if you're paying to settle a lawsuit dealing with whether you had an affair, you must use your campaign funds to do so.
00:38:02.440Under Federal Election Commission regulations, and the FEC has primary authority for interpreting the law, it is any obligation that would exist irrespective of the candidacy.
00:38:15.080Indeed, the FEC regulations make clear that a mixed motive doesn't make something a campaign expense.
00:38:21.260If the obligation would exist irrespective of the campaign, paying it with campaign funds is personal use and therefore illegal.
00:38:32.400Certainly, Daniels used the campaign to pressure Trump and for the most money she could.
00:38:37.660The timing affected the value of the allegations.
00:38:41.940But the obligation didn't exist because Trump was a candidate.
00:38:47.340It predated his candidacy and it was not created by his being a candidate.
00:38:51.980She could have shook him down for hush money at any point.
00:39:04.140Is it a campaign expense to pay a nondisclosure agreement for something arising out of events ten years earlier and not caused by the act of being a candidate?
00:39:15.620Candidate is paying hush money a campaign expense.
00:39:27.200We don't want candidates using campaign funds to pay personal expenses.
00:39:31.080Whether new clothes, a weight loss program, or a gym membership.
00:39:35.960Purchased to help the candidate look better and therefore, quote, for the purpose of influencing an election.
00:39:41.440You can't use campaign finance funds for that.
00:39:43.920So when you're running for office, just to be very clear on his point, you can't say I'm going to take a $50,000 wardrobe for all these campaign events because it's still technically closed for you personally.
00:40:39.100It's basically all the obligations you incur solely because you are running for office.
00:40:45.840The FEC's approach is consistent with the U.S. Supreme Court, which is consistently held in every case since FICA was passed 50 years ago, that its definition of contribution and expenditure must be objective, not subjective to avoid being unconstitutionally vague.
00:41:13.800If Trump had done what Alvin Bragg said he needed to do, the FEC would have charged him with a personal use violation with using campaign funds illegally.
00:41:26.820The jury didn't know that because the judge didn't want him to know that.
00:41:30.180And that's why they said you can't come and testify.
00:41:34.100And he also prevented the lawyers from arguing this.
00:41:38.300But by the way, so that was one ground.
00:41:40.460The other two grounds that could be unlawful means and you could have three jurors on one and five on another and four on it like they could mix and match.
00:42:20.680He leaves out the other half, which is explains why Trump shouldn't have done so.
00:42:25.400And it would have been a mistake to do it the way the prosecutor wanted him to.
00:42:28.740And he would have been charged with it.
00:42:30.220I mean, it would have been he would have been violating the law to do what Alvin Bragg is saying he should have done.
00:42:38.020Another supposed basis of unlawful means was falsification of other business records.
00:42:45.020The second of the people's theories, this is from the jury instruction.
00:42:49.040The second of the people's theories of unlawful means, which I will define for you now, is the falsification of other business records for purposes of determining whether falsifying business records in the second degree was an unlawful means used by a conspiracy to promote or prevent election here.
00:43:03.220However, you may consider the bank records associated with Michael Cohen's account formation, the bank records association with Michael Cohen's wire to Keith Davidson, the invoice from investor advisory services and the 1099 misc form the Trump organization issued to Michael Cohen.
00:43:16.980So, in other words, there are 34 counts of false business records.
00:43:43.720Like like it is the most circular reasoning that just makes no sense.
00:43:50.060And by the way, let's go to the third one, because the third one just makes me laugh out loud.
00:43:57.040The people's third theory of unlawful means, which I will define for you now, is a violation of tax laws.
00:44:03.320Under New York State and New York City law, it is unlawful to knowingly supply or submit materially false or fraudulent information in connection with any tax return.
00:44:11.640Likewise, under federal law, it is unlawful for a person to willfully make any tax return statement or other document that is fraudulent or false as in any material matter.
00:44:20.060Or that the person does not believe to be true and correct as to every material matter.
00:44:27.320Under these federal, state and local laws, such conduct is unlawful, even if it does not result in the underpayment of taxes.
00:44:35.380So, in other words, he told the jury, by the way, you can find a violation of tax laws, even if you paid you didn't pay any less taxes, even if you didn't defraud anyone, even if you're not using it to cheat on your taxes.
00:44:47.460If you think there's something in the tax laws, and by the way, there is no person on planet Earth who understands all of the tax laws.
00:44:54.880You know, there was a book that was written years ago called Three Felonies a Day, and it argues that all of us living in this complex world commit three felonies a day between tax laws and environmental laws.
00:45:05.120There's just so much regulations if you are doing anything, if you're filling out a credit card application, an aggressive prosecutor can find three felonies a day that Ben Ferguson has committed.
00:45:16.020In this instance, that jury instruction says, well, if you can figure out, if you think there was any violation.
00:45:22.800Come up with your own theory, basically.
00:45:25.060And by the way, the violation of tax law doesn't have to have taken a penny of taxes from New York City, New York State, or the federal government.
00:45:33.940And if you think there was some amorphous violation of tax law that didn't result in any underpayment of taxes, suddenly, presto chango, these misdemeanors that we can't prosecute, the statute of limitations is extended.
00:45:49.880They're now felonies, and we can sentence Donald Trump to 100 years in jail, 134 years in jail.
00:45:55.440In other words, orange man bad, find your way to figure out how to say he's guilty.
00:46:00.860That's exactly what this was all about.