00:07:24.020It's if you're going to do it, we're going to do it.
00:07:25.960But I worry that we go down that road and there's no way to turn off the spigot.
00:07:32.340What is your hope and how concerned are you that maybe Republicans say, OK, well, if Bragg's going to do it, by golly, I'll make a name for myself and I'll go after Joe Biden and all of his allies.
00:07:45.180Well, look, that is a very real worry.
00:07:49.780Historically, the left has been more willing to do that than the right.
00:07:53.720But but escalation is a very real possibility.
00:07:57.400And we've talked on this podcast before.
00:07:59.380I believe Merrick Garland, I think the Biden DOJ is going to indict Hunter Biden.
00:08:05.460I think they plan to indict Hunter Biden.
00:08:07.160They've leaked it to the press, which DOJ should not be leaking.
00:08:10.540But I think they plan to indict Hunter Biden for drug charges or maybe tax charges for something that is personal and unique to him.
00:08:20.820And I think they want the public narrative to be this is this is a poor, tortured soul with serious substance abuse problems.
00:08:28.020And we should our hearts should should break for the trauma he has served.
00:08:33.400They are not, I believe, going to indict Hunter Biden for anything related to corruption from his father, which is which is the relevant public matter.
00:08:43.400It's the relevant issue of public interest is is the sitting president engaged in corrupt business dealings?
00:08:51.500Did the sitting president, as vice president, engage in corrupt business dealings?
00:08:55.800That is a legitimate, important concern.
00:08:58.400Look, I'm not saying that that it is always illegitimate to indict or prosecute a former president for a president commits crimes, serious crimes.
00:09:09.320That president should be held accountable.
00:09:12.080But it shouldn't be ticky tack nonsense.
00:09:17.040And this is where and look, we did a podcast last week that went into the details of it.
00:09:46.240It makes it a misdemeanor when an individual makes or causes a false entry in a business record or alters, erases, obliterates, deletes a true entry in a business record.
00:10:01.620In other words, it's a bookkeeping error.
00:10:04.140If you write something in the books of a business enemy that is false under New York law, that's a misdemeanor.
00:10:11.520So that's the claim they're basing it on.
00:10:13.680But it's even more ludicrous than that.
00:10:16.560Because it's a misdemeanor under New York law, the statute of limitations is two years.
00:10:26.280The alleged crime is that, in the heat of the presidential campaign against Hillary Clinton, Donald Trump sent his personal lawyer, Michael Cohen, to pay Stormy Daniels, a porn star, $130,000, to cover up that she had allegedly had an affair with Donald Trump.
00:10:45.980I don't know if any of that's true or not, but that's the allegation.
00:11:16.180Now, as I mentioned, that's a misdemeanor under New York law, so the statute of limitations is run, which means the prosecutor can't charge him.
00:11:24.280So how is he bringing this indictment?
00:11:26.720Well, there's another provision of New York law, New York Penal Law 175.10, that makes it a felony if you create a false business record in the furtherance of, in order to commit another crime.
00:11:43.400So he's trying to bootstrap another crime to transform a misdemeanor into a felony.
00:11:49.920Now, let's pause for a second and reflect on the irony.
00:12:21.500And to a leftist, Donald Trump is the worst thing on the face of the planet.
00:12:25.520So he's got a ridiculous legal theory to elevate a misdemeanor into a felony.
00:12:29.900And we don't know for sure what alleged crime he's trying to piggyback on because he hadn't released the indictment yet.
00:12:37.540But in all likelihood, it is some sort of campaign finance violation for mischaracterizing the payment.
00:12:45.480Now, that's the crime that is being used to bootstrap the misdemeanor, to get around the statute of limitations, to prosecute Trump because he hates Trump.
00:12:56.200Number one, the Federal Election Commission declined to bring a case based on this.
00:13:01.640They looked at it and said, we don't have a case here.
00:13:03.900Number two, the Department of Justice declined to bring a case on this, main justice.
00:13:07.520Number three, the Southern District of New York, the U.S. attorney in Manhattan, declined to bring a case on this, looked at it, and said, there's nothing here.
00:13:17.820Number four, the previous district attorney in Manhattan, Cy Vance, who's a hardcore liberal, looked at the facts here and said, we can't bring a case here.
00:13:28.100Everyone has looked at this and said, this ain't a case.
00:22:40.320But you still would have kicked my ass in high school.
00:22:42.700But, look, my entire life, the Constitution, the Bill of Rights, it has been the pinnacle
00:22:50.360of human liberty in the entire existence of mankind.
00:22:55.340And I wrote Justice Corrupted because I saw these hardcore partisans, these leftists, these Marxists, willing to use the machinery of justice just as a cudgel, as a club to beat their political opponents.
00:23:36.740We're going to keep you updated on this.
00:23:38.100I have a feeling this is going to have a lot of moving parts in the weeks and the months ahead.
00:23:43.840It'll be interesting to see how it all plays out.
00:23:45.800We will let you get you behind the scenes and let you understand the legal aspect of this, which I think is one part that's lacking.
00:23:52.000And I appreciate you, Senator, explaining what is going to happen next just in the short term, because people want to know they're afraid that the president's going to be ineligible, that he can't run, that if there's a trial, he's not going to be able to run.
00:24:11.280The only way that a president can be ineligible to run is if the president is impeached, which takes a majority of the House, and convicted, which takes two-thirds of the Senate, and the Senate imposes the penalty of making him ineligible to run for office.