Welcome to the Mccarthy report, five gas for irish larry discuss with the enemy Hardly the latest legal and national security issues this week. What else the latest on you're buying and ukraine. You are, of course, listening to a natural podcast for some reason: you're not already following us, honest in the service you can find us everywhere from spotify to itunes, and please give this podcast and Andy Mccarthy the glowing indeed dashing five star reviews they deserve on itunes and now without further ado. I welcome to this. Very podcast. Do the miracle zoom none other than anymore. A richer warrior

Andy long time no talk yeah back from my travels happy to be here back in the young back in the saddle, again at least for a bit. now he came listeners. My my to hear you suggested. Now, you're away for so long on family business, there acquire travel when we all know what happened was immediately subsequent to our last recording, dick durban In every other Democrat on the senator shriek may decided a you are their faith. Favorite happy that is a writer and cited you multiple times, Any the guitar Gee brown, jackson, confirmation hearings and you had to skipped town and let let things cool down. This podcast for two weeks before coming back well, where she got me, I have taken as the year corey booker's sheet, pete rider

I actually, I gotta even to work in a little weeping in history It was good. I noticed that not many of them. I observed I said that she shouldn't be confirmed, although a couple of them did to the extent that that they thought that was a was helpful. Let more even more or authority to your dear you're. I on this reality russian gas yoga I gotta say I it's it's a weird pasture tb and because you know my point is guess. I had a visceral reaction and I still do too. Smearing somebody as soft on that particular thing, monday circumstances where the facts don't show that and it's the kind of thing that Democrats do all the time which drives us credit,

so I I really gonna leave. We ve had a number of occasions to make this point which you made. It has been so probably as much as I have, but I wanted the I'd like to defeat the other side, because we have better ideas. I dont want to be the other side and I dont want to do what they do in order if we prevail on our ideas, and I dont want to prevail on tactically member one and number two just forget about content. Crucial philosophy, just on the narrow point of sentencing they completely to my mind, buried the most important thing.

Because they wanted to do this dog and pony, show about child porn. You know, because that's got that. Obviously, if you believed that she is, you know, has a soft spot for sexual offenders then have or against children, then, obviously that you place the people's serve passions. It's like waving the bloody shirt cetera et cetera. So if that was true, you could understand it would get people really whipped up, but what ought to get people whipped up is that she has an overarching philosophy, not just in child pornography cases, but in every criminal case across the board. She has come up with a theory which I think is an absurd theory and and

was worth exploring the only one who came close to doing that really was was holly, Josh, holly and and Fortunately, even in that it gave all tangled up with the child pornography, but she has a theory that in every criminal case, a judge, doesn't have to sentence under the guidelines. The guidelines are merely the starting point, so in other words in her way, sentencing is supposed to work. Congress passes this law in none was. It was acted in the nineteen eightys, the guy. I think it was an act as the crime activated for in the guidelines go into effect in in eighty seven and the supreme court appalled some, I think, by a by ninety ninety. They had been upheld by the court. The idea is that congress creates the sentencing commission which which prescribe

I've seen refines these guidelines. and they are very exacting in terms of a person's criminal history and the facts of an offence with the idea that it should bring about uniformity and sentencing so that we no longer have the scandal of the who were similarly situated, who have committed the same offense, getting wildly different sentences based on which judge they were in front of that suppose, to all be sort of screamed out by the young by the guidelines, so that you have a narrow range of months within which the sentences imposed rather than say, zero to twenty years, which would be like a space, entered statutory range of the potential penalty. so the whole idea. The guidelines is to prescribe what the sentence will be. And eliminate, be the predilections of the jobs.

my very easy on criminals, in some of whom are real part ass, his own sentencing, so that the whole idea, the guidelines was to read that out by this this thoreau point system, and this you know this chart that they had the young graphs, criminal history on one side and an offence factors on the other side, and you don't, through this formula, comes up with what the sentence should be. A lot of thought went into it And it's a big constructed. Millions and millions of public dollars have been spent on it, and this judge qatar g brown jackson was on the second commission, so she presumably believes in the system, but what she articulated in her chest only and what she has said on the bench any number of times

that she believes the guidelines sentence. The guide, not the guidelines computation in sentencing, What you call a starting point so, once you have The guidelines ranges most judges under the statute. Look at that and say: well, that's what the sentence is supposed to be. If it says, like you know, forty seven to fifty six month, its someplace in that range. What he says, is the way she reached the statute, the guidelines, elation is the starting point and from there the judges supposed to apply other objectives of federal sentencing, which include imposing the lowest possible sentence to achieve things like rehabilitation and get up into rorem effect of the sentence, and that sort of thing that is,

it's likely, the opposite of what the goal of sentencing is and what the goal of the guidelines is. The goal of the guidelines was not to like. Have the guidelines start out as a you know, a starting point and then had the judge, threw the judge's subjective weighing of the federal objectives of sentencing come up with a sentence that is different from the guidelines. That's like exactly the opposite of what they were trying to achieve so I thought that was the place where you go after her, because it not only shows that she twists the law to mean the exact opposite of what it beams, but she applies that every single day across the board, which is why she's a week sentence or in all cases and that wasn't true is that she's, a particularly weak sentence, sir, in child porn This is so the one area they picked out to go after iran happens, be this area

where seventy to eighty percent of federal judges thanked the sentencing guidelines are too harsh and that the statute, the too harsh, because they treat consumers of child, born as if they were producers of child porn or people who abuse children into being and trout one. So they pick up the one area where you could least effectively make the point that needed to be made and that's what drove me to distraction about the whole thing, and then you would vote against. Drugs lived on philosophical on general philosophy grounds correct and either and I continued, Susan Collins, notwithstanding that that is the most essential consideration

and the reason it's become, and this is the look we're living in the Democrats world, but we should live in it as long as you know, if the court is the Democrat's whole objective in making judicial confirmations, such an ugly process or republicans is to make it easier for their own nominees to use the bench as a way to further the progressive agenda. I mean that's what the whole game is about and if they are going to have, if that's the way, they want the game than the game. What have you play that way? If the court is going to legislate from the bench, then there's nothing, that's more important than the judges philosophy. I hate to say it, but it's a a lot more important than whether the judges personally corrupt or not, because in terms of like than the national interests of the united states and how we live. It's far more important to have judges who accept that the constitution, The constitution is what it says it is, and it means what it says. It means, and that satellites

similarly mean what they say. They mean that's a lot more important than you know what the judges you don't level of legal vacuum in and personal. rectitude it's so that that one's got half baked him again, we'll be put away. I guess this this week that confirmation books, so but a few other things long running story, hunter Biden. We, since movement on this youth, had it, the stories in the new york times washed imposed following up one hundred binds laptop a year and a half later. Literally a year and a half later, even the washington post ran an editorial, which I give them credit for at least having this thought crossed their mind. maybe it wasn't. Such a great idea is to ignore this news, and there's some some folks who read really stories as a sign of the investigation is, is rolling on and they thereof talkative Investigators are people on the on the periphery

the investigation but you're you're takers. you believe the hunter binds probably gonna get indicted, but we'll get data on relatively minor taxpayer yeah. So let me having with you having said that rich. Let me just let me cut against myself for a second, because I think what you, loaded up. There is the reason to think that I would be wrong. In other words, I think it. This was the devil. It's advocate position here is if this was just Wanna be a minor prosecution of hunter. And would have been no reason for the new york times and the washington post on earth. This whole thing, because wouldn't stand to be embarrassed by what the ultimate result is ever body, has known that hunter has tax problems going back to it,

when he seventeen twenty eighteen, there will leans placed on his properties that was reported, although it was not widely reported a prior to the election, and the tax cases so unmistakable an undeniable that, of course, after job, item, was safely elected. Hunter himself came out publicly and said that his for years had been advised by the justice department prosecutors that they're looking into his taxes, so it was so clear that he's got tax problems that even he couldn't deny it. So what they ve tried to do is use it offensively and suggest to the public that the tax was the main thing that is at risk here and in the meeting with prosecutors are looking, so I think it's it's fair to suppose, that the only reason the times and the washington post and a lot of the the mainstream media. You have suddenly got an interest in this

I don't want to be accused of the just portman- comes out with something that broader than attack chase the times and the and and the post don't want to be accused of having buried it and never mentioned it, and then all of a sudden. This explodes which if you think that since the times and no washington post a very good sources in the bite and justice deplore, There may well be some thing: serious cooking there and that's the reason they felt like they needed to get out in front of it will have to see how that will place out. But my The theory is a tax prosecution. Up hunter could actually be used offensively for political parties at the purpose is by Joe Biden in the sense that no one's gonna care of hunter gets indicted for taxes I think, they're going to look at them and then say: lucky's, a troubled guy he's an addict. His life was out of control,

but he hates the irs. Nobody gets to whipped up about term tax problems per se and it would enable Joe Biden to say but he didn't interfere with the justice department in any way and they went ahead and did their job it would allow merit garland to say, even though it was the president's son without fear favour we went ahead and did our work and it would shield Joe Biden from the parts of the hunter transactions in the hunter schemes that Joe Biden is implement. in its allowing shielded wilder shield him, while because if the only young, if the justice department just comes out with a narrow tax indictment, it will be because hunter earned money that he didn't account

for rapidly. Nobody would be saying there is anything wrong with white with the money he earned or the way he earned it they'll basis we'd, be saying. The problem is how he bought it more, how he didn't he didn't reveal his income to the government. You could easily the or that case and wall off all the beer scummy details, these transactions and the fact that the reason he is able to earn all this money is because he's monetizing his father's political at right, the desk and still be scummy without being a legal right, correct, but but in our political discourse that it'll be played, as they did they kept the tires and all this, and that found nothing wrong with the core business just with what he did the money afterwards exactly and they ll say it. It will basically be a clean bill of health. For Joe, you know will oh from job. I, and the white house, and certainly ever you what did they say what they say this week

one, the white house spokesman said: you know obvious it just doesn't attacked attach at all to Joe. I'd know, anyone who works here in the administration, so don't from that to the day after the indictment comes out. Be they thoroughly looked at the president. He decided he was guilty of no wrong doing. He'll have a complete young billet help, though, do the fastest way. eddie, since you not be since the laptop story. A story of the not be store, so let's run through some of these great hit again, because there again part of that, the discussion so bresma, obviously, and the the vehicle there's something called blue star strategies yet there's a lot going on with. Obviously because this the ukrainian energy company, that right hunter on

its board. We heard a lot about them during trumps. Ukraine impeachment, because I had a lot to do with them trumps, putting pressure on ukraine to investigate the binding. This was that what that was all about Biden when the Obama administration pushed along the tab. The bite revolution that, after the year, the pro russia by elected government of Ukraine- and I should, in this new government that government became very dependent on the Biden administration. As envy d, as pointed out a number of times, the state department was in the position of like picking who should be in the government and who shouldn't that's? How involved they were. in it and how dependent they were on the obama administration in it.

This connection, where Joe famously has that specie gave to that. I forget which group it was where he says that you know. He basically told the president of ukraine that either they fire a prosecutor or a billion dollars in aid that they were expecting from the obama administration wouldn't be forth coming and which was portrayed. Understandably, as an extortionate threat and became explosive Biden when that prosecutor claim to have been investigating charisma, so the idea was that the Biden had leaned into this,

to the president of ukraine to get rid of a prosecutor that was looking basically at his sons company now, I think, there's a lot of reasons. To conclude, that Biden was completely exaggerating his role in having their prosecutor remove the prosecutor was roundly thought to be corrupt. The european union wanted them out and the railways and that the process that the president of ukraine remove them is because Christine Lagarde, who is the head of the eu national monetary fund threatened to pull. Forty million dollars in funding from ukraine. If they didn't get rid of the prosecutor, who they thought was correct, and that was why they did it not because Joe Biden threatened to withhold a billion dollars a day.

it, but be that as it may, I you know hunter had no relevant experience whatsoever and, as we know from a you know, chapter and verse that's been reported in various places. He's a very troubled guy is what life was coming off. The you know the wheels were coming off. His life he's got drug addiction. He's got to all kinds of other personal circumstances that are raw clutch breath like an They'll be no reason for anyone who needed. You know a responsible person of good judgment to hire hunter to beyond the board much less than in the energy business, where he has absolutely no relevant experience. Yet they brought him on the board. They paid him like a hundred made. A grand a month, and what we know from the laptop information is that he made the he

was the entre for a number of people who were connected to the ukrainian company to people when the obama administration including Joe Biden himself, who you know this thing selina serve a email where the the ukrainian executive thanks hunter for having the time spent with the with Joe Biden So in addition to that, we all that stuff hunter brings in this top democratic connected consulting organization or a company. He called blue store strategies, which is run by a couple of all the Clinton hands. Karen tomato and sally painter and may lie I'll, be the obama administration on behalf of the erasmus at hunters, urging

and the problem the narrow problem they have year of this other than the appearances of all this, I that neither, entered nor the blue star strategies, people registered as agents of a foreign power under the foreign agents, registration act, which is a no no under american law if they were lobbying on behalf of a foreign interests, so that's evidently What the need the reports in the media, at least, are that be the justice department. Main interest in that case is both and restore strategies but one was it illegal for them not to register under far out and if it was just that trigger money laundering in connection with the might with, whenever fees they got paid for what they did, so that would be beyond tat attacks, obviously been more

serious offences, so there's also a russian payment that figures in here there's never been splain yeah there's a woman named alina bought arena who happen to be the widow of Yuri luke off and look off, it was a form of figure in the political party post soviet breakdown that gave us boris yeltsin, and that is the party out of what shall we get flatter me? Your putin, I look up is a long time confidant of pollutants. He was the mayor of moscow and alina about arena is his widow. For some reason, I invested three and a half. Million dollars in some vehicle that hunter seems to have been in control of, and they will

never gotten an explanation of what exactly that investment was about I she would invest three and a half million dollars with hunter. This rich. You may remember this during the during the presidential debates. This was the transaction that trunk tried to bring up at the debate only to have that Biden at that point call tromp a clown for raising it, and then say that you know that there are up. There are people out there who say this is all russian distant formation So you know they were relying on this ridiculous letter that these democratic connected former and here I think, they're, all former intelligence officers, intelligence officials signed which

on the basis of no evidence, suggested that this sir, that hunters laptop, was a russian disinformation operation and obviously that was what Joe used to try to find out. but he tellingly, I think, did not answer the question, which is what the hell was, the three and a half million about So then we we have china so that we have the have said both harvest or ass you. This is the hedge, the private, a brief, and yet this is the investment that private equity funds was backed by the bank of china and I understand rich- I didn't notice before, but apparently chinese a venture names of this sort are significant. They usually they are and suggests that the rapid none they stem from the people who are involved in the transaction, so oh high

Is the place in China where some of the operators who were connected to the bank of china are located and that backs named first because their first in importance in terms of the so partnership, which is not surprising because the bank of china back this thing with over three billion dollars, and if you had three build lying around rich, why wouldn't you invest? It was saunter right Woot. It was this the one that came about shortly after he went to china with binding and met with the chinese banker. Correct into twenty thirteen. He taxis over too were to beijing on, are forced to Joe and then meet with the people who are connected with this, and they strike this arrangement, which becomes known as ball. I harvest arrest and the arrests t we should be clear

or an ass are rosemont seneca. That's the partnership that bind the hunter binding formed with john Kerry's stepson, Christopher Heinz, and hunters long time, business partner, a partner, devon archer who, by the way, has recently been convicted and sentence in a separate federal fraud case. where hunters name comes up, but he is not. He was not charge in the case So that's the already asked the tea is. A massachusetts effort in Boston actually called the thornton group, and it is run by by a guy named James bulger, who is the nephew of white

the soldier, the famous boston mobster, who were was it. He was the jack Nicholson. Character need departed. I think people remember that movie that wine, but he was a year, a murderous mobster in Boston. Who happened to be the brother of william bolder? Who is the democratic hadn t, Massachusetts, state senate and the head of the university of massachusetts until he had to resign when they found out that he was having communications with whitey. While whitey was a fugitive so why a fugitive in California, was a fugitive must now he was a fugitive all over the place. So and so mark, shouldn't you. Maybe you may be thinking to him as well whenever there is some sixty minutes segment mobster, who is now four years living in a little place, but with his wife up anyway. Does that, sir,

near near neither here nor there are so. I wrote about hunter Biden yesterday and looking into the this one. What binds huh its defenders will say minimizes will say well, he is used, bored signed by now? until not Tom Joad, out of office and he was only getting paid on ten thousand a month or something Yeah makes its like three billion sounds like a lot of money, but I dont think that though. I think that first of all that be thing was set up in twenty thirteen and the the interesting thing about timing, it seems to me that, as far as it goes, is that by during the campaign promised and he was contrast himself with the with trump that he wouldn't have any compromising business arrangements,

with foreign entities, neither he nor any one in his family. He was trying to that by saying that I think he was trying to direct the job at the young, the trump children who were had. Had business dealings going on all the world, whether while their father was president and he said, thought he was gonna do any that kind of stuff, but it turned out that hunter didn't get off this board before Biden took office and, in fact, was still on. I think he finally get off it like. I want to say, april of last year, maybe, but he was, he was still on it for a long time. We don't, we ve not got into the bottom, how much money he got out of this, but the family, the bridge he went into business with a bank of friggin china. I mean the effort text, that's an order of the regime and the business they did was to try to get access to american technology that had tool uses

but where one of the uses was military uses so big it baby. You know they get involved in these ventures that allow them to to actually refined the chinese military into a more effective killing machine and they also one of the big transactions they did. Was this cobalt mine in africa think it was in in congo which is one of the world's biggest cobalt mine and was a coveted asset, the reason being that cobalt is, essential ingredient in the construction of electric batteries for cars, Under circumstances where you know you have the bible illustration, even today telling people who are upset that their pay and six dollars a gala for gas. You don't go out and buy a tesla now you know so I

I think people could have a hard time understanding this, and I think you know what the trump people would say about all this is yet they would have had a hard time understanding it during the campaign if anybody covered, so the save our chinese bags, could say wait till the the other big deal here with a firm, called c e, f c? which is tied, ended the regime, intelligence connections, the people, hundred Biden himself in people close to hunter Biden now what had intelligence connections here. The date set in motion in tax matters is that have been, revealed an hundred by an laptop in this outfit funneled. Was it just just under five and ours that we know about both to hunter and to his his uncle Jim. Here. That's correct that now,

The original. This is the venture rich as you. Pointed out in your rub, Chicago mine, as this is the venture that get kicked off with the two point: eight character diamond the he asian man, jeanne men rather, who is the young who's the head on the sea, a paid hunter with when they forget that as a gift, you gifted him as they for What could I think, I'm a hunter said and maintain easy? He get gave this diamond to his business associates. There's no way that diamond and end up with some stripper somewhere. I think What have we its whereabouts. Now our unknown, although, as I understand it, hunters ex wife and hunter had a disagreement. What the value of this year, he says, he's as eighty and he says a thousand arab yeah. I remember I soon Alexander one day last week I got out the diamond that you gave me. One

international I? What do you think this would go for, would go for so, but it was. The transaction they were talking about it now. You know like there's the over any in the cover right. The transaction that they were talking about was overtly aid, forty million dollar liquefied national but natural gas develop man, I'm monkey island in louisiana, cigarettes louisiana course arc wouldn't be anything else. Now, of course not, but you don t reason and hunter is, is very express about this.

On the you know the laptop conversations that nobody was ever supposed to see, but he you know he was very blunt that what they really wanted was a partnership with the bidens and access to the bidens and that hunter was going to be paid for access. I mean the original deal. As I understand it was. He was going to be paid ten million dollars to make introductions to them see I see people two important people in the united states so that there is a lot of mystery rich about what this thing was really about. We know a lot about the transaction because they brought the sky tony bauble, linsky, whom they form a naval intelligence guy, who became a very as I understand, a rich investor and was brought in to build out the business structure

of this transaction and he had many meetings. He says with hunter Biden and Jim Biden, the brother Joe, who you, who you mentioned earlier and two face to face meetings with Joe Biden and when he was talking a hunter and Jim, they told him that wheedle. We don't mention jos name. We don't talk about him, except face to face. It appears that hunter would refer to his father and code as the big guy war, my chairman, but they work, they explicitly told him. You know to keep keep Joe Biden. a connection to this thing under wraps, and this is the transaction in which originally hunter,

on a young on a document, lays out the different stakes to be held by different people in it and, in addition to his own ten percent and Jim bindings. Ten percent, it says on the document that country is going to hold ten percent for the big guy and bubble. Linsky says that there is no doubt that Joe Biden is the big guy. It was completely anticipated, he was going to get ten percent of the whole of this multi million dollar transaction and then there's a later document in connection with the the entity that they put together. That would ultimately represent the bite.

the family interest in this- and there is no it in that break out. There is no reference to hunter holding an extra ten percent for anyone, but Jim binds percentage of the take goes up from ten percent to twenty percent and bubbling ski suggest that this is a with the euro. They just decided to hide jos, ten percent in a different way, instead of controlling it, Jim with all that, but it would still be a ten percent, so that transaction fell through and bulbul and is obviously upset about taxes you didn't get any of the of the money that was paid by china to the Biden's, and he also thought that Hunter Biden was getting paid. A lot of money for doing nothing, which hunter explained to him bluntly, was because.

He was the only one who is in a position to get see what see what they wanted, which was a connection to the was considered for the for those transactions first place so, but what we do know is double the structure of that transaction fell through there were payments very lucrative payments that were made to job. I too am not not to Joe Biden to hunter Biden, some of which was a scandal.

and paid along to Jim Biden, that amounts to a close to five million dollars and then the other interesting thing here wretchedness goes to how this whole thing when could prove the at one point: yea, the head of city of sea asks hunter to look into whether the united states is investigating patrick. How was another top executive at sea at sea and the hunter among his many other talents is a lawyer. Is a graduate of the year was always worked for some law firms. I don't think he does much in the way of real legal work, but he was getting paid. The basics. He was paid. A million dollars by sea e f, too much

into this american investigation of how for ye, and it turns out that whole was indeed under investigation for all kinds of foreign, corrupt practices that he was involved in overseas, and he was eventually these guys. located in the united states dc c a p guys at this time, so he's in the inn indicted by the justice department for this elaborate scheme which involves a bribery and, and now what have you with these various foreign officials and in connection with that prosecution? The justice department makes a pfizer disclosure which indicates that

Patrick HO was being investigated not only by the criminal law enforcement end of the fbi and the justice department, but by the foreign chatter, challenging, slash national security end of it. We don't know everything that bill or much of anything. That's on those tapes. I my recollection is that the justice department simply had to disclose it because it meant that they had in their possession statements of patrick cows, which, under the discovery rules would otherwise have to be turned out to the defence of they had to disclose it. But the thing is very shortly after they disclose ye. Get someone back to china in twenty eighteen

and he's never heard from again, he disappears patrick how gets prosecuted by the justice department and I believe he gets convicted and sentenced to three or four years in prison, but when the Chinese, after it becomes that the american national security side of the house is looking at ye at the ho and derivatively at sea. The china brings g back, he's never heard from again and they completely collapse. Cfc. It goes bankrupt and it doesn't exist anymore. collapses years suggest, to reiterate to her ears. Affirm is tied in with chinese intelligence and skill for much explicitly age, the chinese state and of chinese info once and is involved and about road initiative establishing foreign connections- and

was doing business with president vines, on and there is credible evidence that at least at some point was under consideration at Joe Biden himself would get a cut from them far from this firm, correct Now I want to point out that you know the people who one who would be the target of corruption law investigations, are the same people who write the laws. So not surprisingly, we have to carry out here that it's not illegal. To do this, with china chinese entities in the chinese government, even though it should be- or at least to my mind, there ought to be severe restrictions on that, but there not, and the other thing we need to say is most of this transaction as we understand it.

Which happened in around twenty seventeen, twenty eighteen. So this would not have been while Biden you don't was vice. President and die think young absurdly hunter, told the new yorker. You know in connection with the with the gift he got at the beginning. In the negotiations, with you. But you know why, with china bribe me dad wasn't even in power at the time and of course, at that, time. He wasn't in power because it was planning to run for president and even though he wasn't in power It was still one of the most influential democrats, all the more so because of the campaign was about to watch. So that's just ridiculous, but again. I- and I guess this leads into those to the last point- that's worth making about all the switches,

I'm part of the reason this may end up just being a tax case is this is a tough case and the justice department has rarely read. We talked about this a lot of times in connection with the mueller investigation. I think they had six era prosecutions in a half a century and only two with them lead to convictions by guilty verdict david, they ve tried a couple time since then, to bring other far cases and they ve collapsed, was it create great care

no but quitted in an annual second, by a jury. There was another turkish guy who was a young man who was a business partner, might flints that they try to bring a fabric hasten, and I believe that one collapse pretty quickly so they're, not dumb flowers, a very tough proof and the justice apartments practice over the years has been to get people to get right with the government by filing it hasn't. You know they don't usually a private use it as a as a felony. So that's a very tough and as I constantly try to caution people but for a couple of narrow situations that don't seem to apply here,

Money laundering is a hard case, because you have to prove your uke. It's not illegal to change the form of assets. You can change. You know cash into real property into you know other kinds of personal property, expensive, the you know, expensive boats, expensive cars what have you you're allowed to do that you can change money into multiple forms, its money laundering, only if your starting out with the proceeds of crime? So if you have criminal proceeds and then you start to change the form of it that's money laundering, but the tough thing in money laundering, which is an apparent people because work, usually comes in most famously is narcotics trafficking right, where we're at all If you get rid of the money, then it is to get rid of the of the drugs for the bad guys, so that you know that's easy for people to understand. You sell drugs, you get cash and then you have to do something

the cash that that's. Why that's an easy money laundering? Yes, but if the activity you're involved in is only dubiously criminal, not criminal and it's just sleazy, but it's not necessarily crime. Then you dont have criminal proceeds and if you don't have criminal proceeds, it's very hard to make a money laundering case. So, what's gonna ukraine, where amazingly and ass, the ukrainians have opposed the assault on key if it had arrived and retreating redeploying what germany use the surrounding areas of keeping including a suburb called buddha, which is now notorious on everyone's lips, because they're dead bodies in the streets that apparently executed with their hands tied behind her back other corpses with signs of torture. So, first off fresh hold question: do you have any

doubt about that. The evidence we ve seen so far. There are some anti interventionist to nepal. Whatever you want to call them who who are are doubtful, who are casting a very sceptical on this evidence, saying I let the the bodies there. You know they were there Supposedly the russians retreated a while ago, and these bodies were the street the whole time that makes sense. They don't look decomposed, you know, and it is kind of wartime conditions. It's easy for propaganda. Stick videos to to spread up to what's here was she asserted, got say about what we know about booger? Well, you don't look. I think that before any of this happened,

I was comfortable with the idea, and I dont know if I'd say this. If I was to present the united states, is that a whole different thing, but just as a legal analysed, I was comfortable saying that it shrill looked to me like Russia had committed, crimes because they seem to be targeting civilians and civilian infrastructure, so You know that if the question is, is there or the investigation to be done of whether russia's committed war crimes, I think you know there absolutely is as far as what you just laid out, that's a very good reason: wretch why you do investigations are being done that I'm not looking to cast aspersions at the ukrainians, but just to pivot off what you just said. The palestinians are famously

the tories for staging attacks and then try to make it look like the israelis, you don't even like civilians and civilian infrastructure, I mean they ve been doing it for years as if it were there. So it's not inconceivable that some at least of what's going It has been stage and obviously you know the ukrainians are desperate and the lens he has been trying to do everything he can to highlight the horror of what the russians have done in order to summon help from the war so would I say you know you couldn't put it pass them too to stage a few things? No, but on the other hand, you know they're, there are credible reports. Let's remember now. Ukraine is a pretty open

country we're not talking about like stuff going on in north korea here right now, so their western intelligence services that can observe what's going on there and they had the help of that. You know they. They have a government, that's open, an unfriendly with them, so that were well I get in and investigate, and what we are hearing about is information that seems to match up with these horrific images were seen, which also include you. No reports of rape being used as a weapon of war and and widespread attacks on civilians and mass graves. Whether you know where they were recovered, hundreds of bodies- so you know some of that- could some of them

be stage sure is all of its stage. It seems to me that that's highly highly unlikely and again, I think it's important that you don't before this even happened. There were reason there was reason to believe that the russians had committed war crimes because they were attacking civilians. It was so I dont have any young. I dont have any harp on about that. I dont think Biden, should say that putin is a war criminal because it doesn't help. You know I mean he that's an aunt, that's a quest, that's kind of like him saying you know rich off the cuff. Well, you know I think they're going to go in and if it's a minor incorrect, you know I mean he just says whatever pops into his head without without thinking it through, and then it puts us in a difficult position. Although I would know that yesterday, I watched the press conference by jake solve in the national security adviser, and we ve now

apparently, the administrations new taxes to go from. You know cleaning up after bindings messages to now saying he, the visionary because The c is investigating by investigating russia for rum of a war. Crime the problems with saying his war crimes. When you present states is one of James burnham. The great nash review editor from the glory days. One of his axioms was who says, I must say, be such a thing. Is war criminal? Okay? Well, then, do favors We must favour regime change right. How can you limit euro war ends and this is the reason why the linsky in the ukrainians, Understandably again, there there being brutalized and are desperate for any I'm helping get. They want to get the word genocide and the conversation could that's. Another word,

that's, gonna has no limit. You know in impels kind of a morally at least a more vigorous response than we seen to today. But so this idea of on It couldn't be tried for war crimes, which is the same billy observed served to me or in our friends in the wall street journal, who are not worth very thoughtful people say What we need to do is get get there. The names identities of everyone, the the commanding officers because, as president they they point to japanese general will were too even if you're not wearing these atrocities. If If they're happening on your watch, you not controlling the troops who are under command and there perpetrating these kind of outrageous is your responsible, star. I believe they say stop with the russian defence minister and kind of worth down and I've war crimes charges

It's all all these guys is out, make any sense. Well, I completely agree with the wall street journal editors that bringing. publicity and demanding accountability in a way that painful for the general officers who have who have presided over these atrocities is a very good thing to do. It's a it's a good thing. You know morally and ethically to do, and it's a good thing tactically to do if you want to try to road pollutants. Control over those officers and make them think that you know that can't be that the regime may not be able to protect my quarrel with the journal, who, I think, very highly of it as you do. Is they skip conveniently past? who's, gonna do the prosecution. So what they say is that it in the I have an observation, although its couched

away that. If you not reading carefully, you would think this is what their recommending they say. The? U S, state department and the international criminal court or conducting an investigation of war crimes The, u s state department, doesnt, have any already to investigate and prosecute. Anyway I mean they can investigate what they want, but they can't do a war crimes prosecution. That's the justice department job. The justice department is not gonna, be prosecuting anyone for war crimes thou. I should carry out this by saying it's not that they're doing nothing. Obviously there is a unit that has been but the kind of like a strike force. It's been put together in the justice department, the last few weeks to go after people who work who are under the sanctions that does that Biden has imposed. You look the exacted these sanctions that previously existed, plus them,

Instead, Biden has since beefed up. The justice department has a whole unit, those going after people to try to enforce those sanctions, and I hope they succeed in it. Although I don't think the russians are holding is much property in the united states is they're holding in in other places, but you're not going to see. You may see rich somewhere Nicky act action. Member the magnets key act was just this provision that congress enacted after this guy magnates key was was killed by a potent regime when he was investigating corruption in russia and it all

enables the justice department to bring civil actions where they can seize assets that are in the united states and they can bar people from coming into the united states, which is which is pretty much what our sanctions are already doing, but you're not going to see workers prosecutions, not least because we're not a combatant in the war, and if there is one thing that Biden has tried to bend over backwards to make sure Putin standards that we're not a combatant in the war. So I've said here, as you have said here, as we also hear for twenty years, while the lawyer left in the united states has tried to make it impossible to prosecute terrorists who actually made more on the united states and who congress has authorized combat operations against. We can't prosecute those people for war crimes in in no war crimes tribunals and yet you know now they want to prosecute russia for war crimes in a war that we're not a combat. So that's not gonna happen.

And that leaves the only game in town to be the international criminal court which to me, is not a game at all, because it's a completely illegitimate right? You know we are not a member of it russia is not a member of that ukraine is not a member of it. Although ukraine is apparently because their desperate their inviting the acc to come in and exercise jurisdiction, but we take the position that, when the icy sea tries to investigate ass, we mention them and threaten them with prosecution, because we're not a party to it and it's a terrible tribunal, it's basically a scheme by transnational progressives You know in another effort to have global governance

They claim jurisdiction over even countries at the nationals of countries that have been signed on so they completely flout are grounded granting principle of that. You you can't government, that's not with the consent of the government is not legitimate governance. They throw out the window. It there's. No separation of powers- it's the prosecutor in the court together which in our system would never be allowed the crimes that they prosecute are completely vague and wood meat are constitutional standards and now they're trying to expand that right. Now they had this crimes, aggression standard which which is so malleable that they're using it to investigate the united states,

operations in afghanistan, which they say you're war crimes. So basically any time you have a an anti american transnational progressive prosecutors wants to make a name for himself. You can investigate the united states activities, sir across the globe, and because the court, because the prosecutor is a part of the court, the judiciary is not an effective check on that kind of prosecutor, real access so it's got worthy earmarks about something that in our country wouldn't be permitted, then thing they want to go to now is called echoes side. Did I told you that extent expanding that they want to have on the international criminal court with, the jurisdiction to investigate people who harm the environment that what could go wrong right.

and so I do not look, there's a million reasons not to not to legitimize this court, because it's not legitimate, and I just think it's a terrible mistake, for anyone, and particularly anyone in the united states government to support or in any way facilitate the I see, see proceedings and russia or anyone else, because the arguments we make in that vein will be turned on us instantly, and even though russia's a disgraceful regime- and we- be doing everything we can within american law to go after them, and we ought to do everything we can within reason to help them arm the help the ukrainians arm themselves and fight the russians as long as they want to fight them. but you know, I think this is another instance rich of these proper. These politicians in washington something bad happened, and they want to be seen as doing something when they know

to do anything meaningful and I'm not saying that binding should commit. U s forces, but you know he won't do the real thing he won't come. Forces he doesn't want, you want to make sure we not a combatant in the war, but he wants to be seen as doing something so we'll get. What we're getting is extravagant rhetoric and the national law, which are the two most meaningless things that you could conceivably aben. Why these situations to lasting, ended before we go. So, let's just your general red on the on the war is russia is russia losing or Is it is russia enough furthermore resistance and they would have thought the still winning because they're gonna gain and they have gained in the south and the east absurdly, can can when more territory. There. I don't think you can say after four or five weeks that they've lost, I mean it's clearly been a humiliation for them,

and they ve shown themselves, you know not to be the year of the military forces they presented themselves as, although the reason it you know, russia horrifies acidity, is the nuclear arsenal always more than none, then their military forces. But I dont think that means they can't come away. something that they can label or when it looks like what may be going on now is even if they really are withdrawing out of cheese, which is hardly clear at this point I mean that yet another there are laws and then no war. All the time

and and a lot of the scanner. You know. Probably a lot of lists will be. I won't be something we can analyze with any accuracy for weeks, if not months from now, when we see how this all plays out, but it could well be that they're moving they're, you know they're, going to consolidate what they've already got in the eastern south and that'll. Be and then we'll try to hold ups on at the negotiating table and if they agree to stop the work with the with the proviso that the status quo in the east and the south remains, which, with russia in europe in de facto, can, all of those areas and with no assurance for ukraine, that the russians want continue gradually to try to expand their holdings. I think that's a lie

for russia, at least in the narrow confines of the ukraine war. What it does to russia in terms of its geo political ambitions and its geopolitical position and its dependence on china. It could end up as a lost that way, but I don't. I don't know that I'm ready today that they ve lost to ukraine where that unite or they are not winning. But I don't see that ukraine I suppose, every day ukraine doesn't get taken over recent good day. But that doesn't a winning yeah every day they don't get techno taken over a good, but every day that Russia, showing rocketing and yet a stroll in the countries of the bad that's all the time we have, this pod gas has been produced by the incomparable Sarah should he thinks I want for listening and thank you anymore, mccarthy, thanks rich,