Welcome to the Mccarthy report, pod gas were irish, Larry discuss with Andy Mccarthy, the latest legal and nash. security issues this week. What else hunter binds new laptop strata? if, for some reason, you're not already following some stream a service by the way can find us everywhere from spotify to itunes, and please give this pod gaston, Andy Mccarthy. The glowing the gushing fast, our views they deserve on itunes and now without further ado? I, welcome to this very podcast through the miracles ancaster, none other than any part rachel orient good Andy, I antigone, disclosed our listeners at this very podcast was the subject of some hostile inquiries

some media matters, typos, not media matters, but likely sub some sort of somewhere out said email me saying: I've listened to this podcast and I detect a slant an ideological slant, that's not disclosed. Why aren't you disclosing your ideological slant and then further? I think this was a second emo was first and then even evil, and I noticed you mentioned zen castor hit the beginning. Are you spot by then cast her room. Why aren't you telling your listeners, your sponsored by then asked her. So I for these onto you, guys were for your amusement, but the these emails had gone on responded I guess we should we should first up then, Where conservatives Why I personally identifiers and some

It was more setting up the nap that helps and my apologies of courses and zinc yasser, although I think some weeks rich, I think they owe us an apology. Frankly, we yeah that's that's a topic for another day, so a topic for today and his hunter Biden and this is just an appalling. I know I shouldn't be naive. People lie all the time, but he knows his laptop minibuses laptop all along and then the said during the campaign which could be it could be russian disinformation, but maybe, as my laptop and you know the the intel officials we've talked about allied and allow all they gave. Joe Biden cover to say. Oh people are saying it's russian disinformation. They knew that they completely new and hunter is finally admitting it as part of this bonkers.

Strategy to try to get prosecutors focused on rudy and Steve Bannon. Will you make me well, you know exactly the reason. You're saying this has always been infuriating. I mean We said, and I get I'm pretty comfortable saying we here that there was no reason at the time of the post was the new. Your past was reporting all of this stuff. in the run up, which would, I guess, have been beginning in october of in twenty in the weeks run up to the twenty twenty election, It was totally obvious that this was hunters data off this land top. There was not only story that was chapel. about how I've top had come into the hands of the repair men and how rudy?

Bannon had gotten. Evolved in it now they had gone to the government. But just rich the young. The contents You know the first thing that you that you look at when there's the issue of authenticity that comes up and, as you can imagine and litigation. This is like the main problem with the with it with evidence of the main challenge which, as you know, when you you introduce evidence in a legal proceeding, the standard is it. You have to have if that is what it purports to be, so What until is always a problem- and the first thing that you always look at is the substance of it, you know, does it it does? It internally makes sense does it make sense The context in which it found,

Does it make sense comparison to other contemporaneous things that you can match up with two to me the judgment about it, is the motive of the people who are proffering it. What are the what's the state of mind of the person, whose some effect by it. In this instance, sir, It makes sense that its hunters, given everything that we know about hunter, and then the other things richer. Besides documentary corroboration, which simply means, are there other things, outside the door evidence itself, which you can match it up with two verify whether it is would it purports to be the, question is ever is witnesses and you know in any in any set of data. Like this, you can always identify a variety of people

Who can who were in a position to say? Yes, that's my email or yes, that is a transaction. I was involved in or no it's not so well we had in connection with the Biden stuff in it to all the internal indonesia, liability and the fact that if you matched up to the other things that we could compare two contemporaneously it held up as sir data that made sense There are also a number of people implicated in him one of them in a very public way with it with documentary corroboration of his on the sky, tony papa Linsky, came forward and corroborated, The conversations that related to see see the chinese its national concern, I'm sorry that was actually is the regime's intelligent the operations we later found but Bob,

Penske was able to corroborate this whole thing and explain how it had meetings with hunter Biden, explain how he meetings with others involving the transaction and explain how he had to face to face meetings with Joe Biden and discussed the transaction. and he had documents to to back it up- and then the other thing riches that there were dozens of other people who were implicated in hunters emails and the documents that he had and I dont remember a single one of them. Coming. Forward in saying this, or that thing that's been attributed to me is fake that way, you know, I didn't do that- somebody's phoning this up, and you know that this is Besides, the point that are also enmeshed in or intermingled in all? These emails are alarming, documents and photographs tat, are the better

very alarming that you know show hunter I didn't I sexual situations that he records, himself in I'm that show em using illegal narcotics and yet again, nobody came forward and claim that any of that very compromising stuff was fake. So you don't back at the time. It was perfectly obvious that the stuff was authentic and even when those bird brain fifty one a former in halogens officials came forward if you carefully what they wrote. They admitted that they had no idea what they were talking. You know buried in the middle and the fine print. Is this thing where they say you know you got a weight of? We don't really know wages. We just spit born here and in fact,

even though they were very happy at the time to create the impression that they were made. a judgment that this was definitely russian information which, by the way, the Biden campaign not only climbed onto, but Joe Biden expressly used it in a debate with tromp dismal. Thing, the YAP, a laptop, Russia is a disinformation. Their such weasels dec. despite having quite intentionally created that impression in the room, up to the election. The few of them who are now who now have the temerity to speak publicly about this, are now pointing to the fine print and saying you all just read this wrong. It's really it's a disgrace. but the idea that you know something I mean it I can see you can see why people reported it as if it were momentous that hunter. I was now essentially

acknowledging that the was authentic, although, as we discuss, I guess he keep back peddled on that immediately when he realized, when he and his council, like us, realise that the import of what they were saying. But you know mean this has been almost two and a half years now, and everybody was honest, has always known this was a from from star. So what about the legal theory that the people who expose are but broke broke lol. are vulnerable, well, again. This is, the person, I'm really surprised about with us. I mean look, those of us who have watched the Biden's and Joe Biden in particular for decades be even a little bit surprised that they rolled out something that's completely incoherent and stupid. I mean the eads europe. This is disguised whole career.

So, and I can't pretend to be shocked about that. I am a little surprised by abbe lol, whose a good lawyer that he would ve done enough, involved in rolling out such a inane strategy. Is this, but you know the theory rich doesn't have I mean it's You can't even explain it because when they first came out with it, what they basically said was that on Paul mecca Who is the computer? repairman in delaware. and rudy and banning who also yahoo. We turn to with this information, when parent according to him where's, the f b. I was reluctant to take it from him. She's a whole another aspect of this, but with there

they seem to be saying in the first roll out of this new aggressive strategy. Was that these guys had stolen hunters personal data. and were and revealed it without his permission and then when they realise that that was a catastrophic admission to make, because the data on the computer, shows that Joe Biden was up to his neck in hunter Biden. Sir influence peddling. The again try to backtrack and say well, we're not we're not admitting that it's his it really is, what we're saying is that they alleged that His and made him look bad. Well, ok, but that means that it's not if it's not his than what's the basis for claiming that a stolen.

That's all you know they can't even beginning get there. They couldn't keep their story sticks together for twenty four hours. I mean that's how stupid this thing is, and you know I didn't there's so many problems with this, it's hard to You know it's hard to gather the more Jim Geraghty and Jeff boy who have done a great job on our side. You have collecting all the different problems. I've written a few things about this, myself, but it just seems to me the term enough first of all If, if what they're saying is true, you have to ask: why didn't hunter file of all lawsuit against these guys. You know you have about two years under the statute of limitations in most places to file a civil court four stolen property. and if what he say now is true, there's no reason why he would. I filed a lawsuit

Aside from the fact that it's not true, of course, filing a lawsuit would have meant that that he was essential. witness to the lawsuit which would have subjected him to the civil discovery and he'd have had sat for a deposition under oath but the fact that he is now calling for prosecutors were connected to the president. to file charges against these guys went off put him in the hot seat as a witness In fact, one of the things I I suggested last night- and I really wasn't tongue in cheek about this- are more serious than that. Not series I suggested in oppose last night But if I were a young republic committee chair who was as to getting this. I would take a page of the january Kennedy book, when I would hit him with a subpoena command that he demanded come in for a deposition

you know abbe law or some lawyer with then say how dare you subpoena him? Are you know he has rights and, I would say, yeah well, you can come in and assert his rights and then he would either have to testify and tell what would be a completely problem, for a story judging by even this stupid thing, that they couldn't keep together for twenty four hours or more likely, he would say, a fifth a couple a hundred times, and then I would have that on tape and I could play for america, maybe in prime time, just like the committee did so united to put him to put himself out in this kind of way under circumstances where it what's in his interest. Right now is to keep his big all mouth shut. keep his head down, and try to one, Try to resolve the case that the justice department endlessly getting on him before you,

more people put two and two together and say how come there's a special council on the classified documents, but there's not a special council on you know the info, its paddling and the millions of dollars from China that went into the bite and family coffers. So so what This is tell us about the state of the the hundred Biden invest destination that has been ongoing Well, I'm here I'm very suspicious about that investigation as time goes on, because I you know, first of all, they've they've missed I presented the investigation either they ve misrepresented it or their intentionally. averting their eyes from what's actually important in that investigation, but they have They have held this out as the hunter Biden, tax investigation and hunters

Axes are like the least relevant thing at least important thing about investigation what matters is you know what it wanted? china and these other career, the anti american regimes. I think that they were buying when they sent millions of dollars, I didn't families way using hunter as the pretext for doing that. That's the issue of importance here but the reason I'm suspicious rich about the hunter investigation, continues to be that they know this It to be being investigated by the sky David wise, whose do you the attorney in delaware, it was an investigation that was assigned to him by bill bar during the trump administration and the Biden. Justice department has kept it in his ants, but they all also including

you know from the time that this was made public by hunter himself after the twenty twenty election was over and and Biden was safely elected. A hunter, A mountain announced that his tax matter, as you gently put it was under investigation and the reason that's always been assisted just to me, is in the justice department, tax matters are wrong overseen and managed by tax division at main justice. So does it matter what district in the united states, the the taxpayer is in and where the tax offence said to have taken place. There turkey s attorney has to work with tax debates, main justice in order to do those investigations, so I've always thought that labeling it as a taxi investigation,

gives main justice allow more control over it than if it with some other kind of a crime that was under investigation. So It seems to me that the Biden justice the binding administration, is trying to have it both ways they want. They want you to think that. need to worry about any do pressure being brought to bear on prosecutors here, because the cases, in the capable hands of David weiss. Who was an independent? You know a career prosecutor who was appointed to the one who was assigned this matter by bar, And, at the same time, they carried it as attacks investigation, which means the Biden, justice, department, tax division, has a say in what happens to it and You have to be more suspicious about it over time when you there. Taxes are not complicated and

yeah. They may be more complicated if your factor in all of the foreign money. That's come in since twenty thirteen, but that doesn't seem to be what they are mainly looking at, and as far as his personal tax, situation, separate nepal from binding, Ie, is concerned to the extent that they can be separated there were leans on hunters properties that go back. You know many years, so it's like you know. Somebody haven't figured out that he owed money to the tax authorities in it the thing that their supposedly looking at is the food statement that he made on on the firearms application when he got the hand gun that he ended up, miss placing in that ended up, get in your life. Then thrown in the in the trash at a store in delaware until

thankfully, the store owner. It wasn't her school as I understand it, but his group with the store honour, I found a guy. And turned it answer, there was no harm done, but he wasn't supposed to have that gun. He He obviously was reckless in the way they took care of it and More importantly, when he filled out the application that everybody has to fill out, an order, purchase firearm this represented himself. He said that he was not a user of illegal narcotics and he not only was a user of illegal narcotics with a long history of that. But you know the latter up, has corroborated that in some very unflattering ways with photographs of him waiting. This gone around like a like those in after he filled at the application but you know in the middle of one of these- you know drug fogs so The reason I lay all that out riches diesel pre these a priest

before offences and they happen like foreign five years ago. So you have to ask at a certain point: what on earth are they waiting for, and I think we'll see across the board a pattern where, we're seeing this to a fairly well now, with the with the classified documents, the justice. Department opens up these investigations and then they become a black hole and I think the reason that they keep open in, allegations that should long ago have have been closed and, It closed in a way that charges were filed in either a plea was entered, or a trial took place. But that should happen a long time ago, but having these cases open alive. Ask them especially now that obligations are running the committees in the house and have subpoena power in allows them to say we can produce that now, because it would interfere with the justice departments investing

so they're using these investigations and keeping them open. I think, in the case of this one much longer than it should have been convenient for them to have an investigation and be able to try to blunt demands by com for information Ok, so another big bind store honestly classified documents, and just no matter how transparent, rather they are. There is always something new, so we blow learned this week about this epi I search in mid. The member at the pen centre and then also the f b. I went through the raw hold this house. What's was important here well I think you know one of the things that we ve said since the from the beginning here- and this isn't, though you know, this isn't any great insight on my behalf. This is common sense when,

The government learns that information. Highly com supply information, top secret information, especially information that could compromise methods and sources of intelligence. When it's been misplaced and when There is a possibility that it's been exposed to people want. Authorized to see it, which is what happens when it sir, when it's not captain government secured safe, keeping the the fbi and the intelligence agencies are supposed to immediately do a damage assessment, so they the search it d areas where the information has been found. They have to do an investigation to try to figure out where the documents could have been before they were found and who wear who had exposure to them who had access to them.

They ve been more from place to place and that sort of thing this opposed a dive right in and do that rich because you know in theory, if you're talking about top secret documents, where the information came from some deeply in at its source. What say we have like a source into the upper echelons of Al Qaeda. Or a source in the kremlin, so we get information. Well, you know, if bad guys or the people that were collecting information on access to that document or like if they didn't have physical access to the documents. Somebody else physical access to women and community. To them some way. always in it, then they would then you know obviously are informed. the in deep danger of being killed. Do you know. I mean this isn't like gum, this isn't child's play. This is like your life and death stuff. So They're not supposed to him, you know sort of

I simply sit back the agencies, as if nothing happened. They're supposed to be in this like white on rice and into a very aggressive investigation. So one of the things it's been infuriating about all this. Is that first discovery of classic information. Biden had in a place where he was supposed to have. It was made on november. Second, with respect to the first batch of pen Biden records, and it was Very puzzling at the white house couldn't for all its transparency and self reporting, was unable to explain whether a A search had been done. Whether with damage assessment has been done The intelligence community still hasn't told congress about damage assessment that they supposedly did and told the courts. It

absolutely needed to do in connection with trump and the marrow logo documents, but they don t White house has been very coy about what happened here and whether the intelligence agencies have done a damage assessment and what they found so it just seemed very peculiar, as we got three months remove from the first discovery that apparently no effort had been made to investigate the first ice, the pen buying centre, where the documents had been found, now we're learning, as you just said that they now told us this week, that a cost then search and what we by a consensual search in this context is that Biden agree to it. Rather so the f b, I didn't, have to go. Get a search warrant consensus was done at the pen Biden centre in mid february Now they won't say exactly what date, but the first

did they say men fair, worry since, to me that this was done at the direction of John lash. Who is it who s attorney from Chicago the thing we will We told in the time languages that body is that car and the attorney general aside louche. To do preliminary assessment of whether a special council needed to be appointed or not and last got that assignment on november fourteenth. So it would make sense to me. If he was assigned on the fourteenth, he probably is the one who triggered the search that that really should have been done immediately: so that's probably the timing about one and then we found that out earlier this week. The other thing we learn What days ago, because it was on television that the agents had shown up

Finally, the Biden residence on Wednesday of this week, the binding we're talking friday, as we usually do, the t the Biden residents in rehoboth beach maryland. Was searched on Wednesday, The morning the agents apparently spent about three and a half hours there and suspect that the reason and timing of that is probably explained by the fact. At wednesday was also the first day on the job for a robert, her, who is the special counsel that merrick garland appointed to take over this investigation. So I I imagine that has the connection between the faculties he's now on the job up and running, and the bureau there doing the search box? You know then again, rich. The search should have been done three months ago I mean, let's, let's be real here november. Second, they learn that there a problem,

We think we have seen in the ensuing weeks would tell any person with common sense that every spain has been needs to be search because he's very cavalier with classified documents, okay, illegal residence should have been search, and it was all three months to the day. From the time that you have, they first found classified arguments till they finally got around it? I guess from november second, two february: first, which was wednesday when they finally got around to searching rehab with beach. was remarkable to see the Biden spokespeople come out and say your first, I said the it didn't find any classified. Information and then they had to walk that back then they not saying that there is What they're saying is the age didn't find any documents marked classify but did not sign? The agents, didn't take anything so

turns out that the agent seized notes in What would what I understand appears to be Joe Biden's hand and notes from Biden have been seized. As I understand it, from every location at that has been searched up until now, so that's the deal the office in Washington dc depend bind centre wilmington residents and now the ruffled with beach residents, taking notes in every place and what would our I'll listeners ought to understand. Is that There's two kinds of classified information, one is obvious enough its documents, that are you not a fool, all official government intelligence that are marked classify. They have young people

and these folders. That say you know secret topsecret or whatever the designation is, and then every page of the document is is labelled with the classification level, you don't say top secret and then they have other designations. that are put on the documents that show the limited distribution of the documents who is allowed to see them and whose right into them in that sort of stuff. So those are the physical documents, Then there is the the more subtle class find information which I think was a big deal. For example, in the hillary Clinton emails investigation. and that is you have people who are ready to classified programmes where Are they either read? Classifying? formation or ten classified briefings, and then they make notes of what they heard for their own purposes. If you take

notes of a classified briefing or about a classified documents. Those notes are classified at the same level that way every you're taking the note from was classified at even if nobody has mark them so the reason I think, they're taking notes. in Biden veteran by his hand from these different locations is its. He'll be poorly investigation that they match those notes up with. contemporaneous classified documents that the government actually has to see if Biden was making notes of stuff then he shouldn't made out from it and keeping them in a place where they shouldn't a bet: So that's a big poorly. to a member I think we probably say, something about how these two things that we now talked about bleed into each other, because I think this is like a very interesting part of this

If you look at the hunter Biden, emails and miranda divine, I think, is the first one who noticed and it's a real love. Eagle eye on her report he's been through all of the hunter emails, because she wrote the book the laptop from hell about all this. And what she pointed out a couple of her some of our reporting in the post war. For example, in around twenty fourteen during the whole might on revolution, uprising stuff in ukraine on hunters, else. There's one email that really sticks out because hunter is must have hunters emails and texts. Are there, terse united he sort of you gonna rights like the millennium, you know,

But how are you and it's like- are the letter or in the letter you yeah, but This one from twenty fourteen is the twenty two point: email lays out in english detail. Twenty two points, about what was then going on in ukraine and the ramifications of it, which people we ve looked at it can but notice that it sure seems like the kind of thing that you would here. A few attended a classify briefing about ukraine so the question, of course then becomes had it. Yet this information- and do you know where I come from because it's not like anything else, that's inheritors. Emails. and it seems inconceivable that the same person who wrote most of those in emails is the original author of this, and then there are one or two other rum

things along those lines that obvious We have to be investigated to one of the things that won the reasons. I think it's obvious that there should be a single special council whose, looking about the classified information situation. For Biden as well as the the hunter They call the hunter Biden investigation, but I think, should be better understood, is divided family investigation I won. The things that you have to look at is Does the information on the computer match up with. some of the mishandled classified info. Should any competence ass. The girl would be taking a look at that. So what do you think of the number there's been reporting on how many documents that have had been found that you doubts

reliable people's ended twenty five thirty documents. What what should we make is that so rich I dont want. I don't wanna say that that flat out wrong cause, I'm not in a position to say it's wrong, but I sure wonder where Getting that number will do with three different locations and here's what we know so far, the original reporting about the first batch that was found in them and by the centre on november? Second, always that binds lorries had found ten to twelve documents, roughly twelve, after that, we know now based on what we learned this week, that the b I went back into the search the pen biden centre- and

so for the white house has not told anyone what the f b I found there, they won't say whether they found additional classified documents or not, and obviously the fbi, I'm not talking about the white house- has been for all it's worth. you have wanted stated self proclaimed transparency. They haven't have told us that so we, now what the f b I found, it could have been. Nothing could have been a bunch, we don't know then there's the second place She's thee wilmington delaware residents? and what we ve learned about, that is that on December twentieth, violence lawyers found some unspecified number of documents that were in famously in the garage where the president keeps is very suit, upper with good corvette. Yes, I am How could I forget the court as easy to do so

We don't know how many documents has been varied reporting about that we don't know the number of documents that were taken from there. We do know that around January twelve there was a report but they found more classified information in Biden stan and the most specific reporting I've seen on that has been by charlie savage, the times and I believe which are all I said, was that the young man like one document that had one class, a document that had six pages but I haven't seen any confirmation of that and then finally, on January twentieth the wilmington residents the fbi. What we are told is the consensual search that was it have and a half hours on Friday january, twenty of the anniversary of the second anniversary of Biden's inauguration. What what away to market the

the reporting after that. That, though, that the white house put out was very deceptive. Originally, if you remember, on that day, they waited first of all to the nfl playoffs started. To make any announcement. It also like everybody in america's watching football when they, when they put this out what they ended up, saying what what they ended up, saying caused people at the beginning to report that the f b I had found six documents and in fact, what what the white house said was that the fbi took away six items containing classified information. We don't know what an item is they ve been, what an item is, let's like one- and you know you asked these questions like- is bigger than a bright box like is it a box? Is it a envelope? Is it up? just for you know what did they take, so they haven't told us, so

the basis of that reporting. We don't have any six items, my recollection with them with the trump surge. In moral? Allow is that, Oh god, roughly forty boxes I stuff of which They said nineteen were items, they contain classified information and by the time the dust settled. What we were told was that there was over a hundred classified documents. So when they tell you six items that really doesn't tell us anything about how many classified documents in the world much less. In what was the level of classification and all that stuff, we simply don't know and then there's thought finally does this role with beach place, when are they have now done the search this week this the first search, I presume vitamins lawyers have done their search a snare, although those therapies and proved to be very competent thus far, but

they didn't report finding any doubt classified documents there and once again the reporting we ve gotten this week is that there were no documents, marked classified that were taken out, but as in the other places took out some of Biden's notes. So if you put it all together, we don't have a. I mean some may be. Somebody smarter than me can figure out that that's between Five and thirty, but I'm not saying that I dont think we're any reliable fix on how many documents it is It's a. Finally, we have the return. stormy Daniels It now closed a year ago, but but is is back in it going concern this is alvin braggart disgrace over idea in new york and up I'm feeling some political pressure, because this fish James a big

Put him was this big civil case against the other. Organization and a bunch prosecutors quit went out right, the first time around a guy that this case is in there and I I just one of them could write a book so long behold were, or back with stormy day knows? What to make of this one? so the guy who's writing a book is marked palmer ants who won, eight discussed him probably over a year ago, rich, because that is when we were told that this case that done a moth, baldwin and and no problem. France and the other veteran prosecutor that cyprus vance brought in a breeze, is a guy that his name escapes me at the moment. But anyway, an palmer answer, since I got no contract at a simon adjuster and apparently, turning, his role in this investigation into a book that comes out

next tuesday made will be able to talk about this next week. Wretch so marks book is called the p. oh verses, Donald trump and it comes out next tuesday and Alvin bring is very unhappy about it, so apparently, he is his office has sent a letter, Simon adjuster, telling them you know. number one. They shouldn't published a book because it may compromise see the grand jury, information and on score I should. I should tell people and wall seriousness palmer ants is one of the best lawyers. I've ever dealt with directly, he's a guy who one you know not only was a very good litigator, but a good the irritation of the criminal law

and he be like the last person in the world who would publish grand jury. information. He knows exactly what the rules are. He knows it's illegal and I don't, I don't think that's a very viable point on rags part and then the other thing the bread is saying to Simon Schuster, which I dont know why this would matter. This would actually, if you, Simon issues to this before we encourage you to publish the book but he is now saying that if you published a book it could harm or investigation, which is just the way. I tell a publisher that you know what you got. His very odd here, So why was how that's discouragement to publish? I don't I don't know, but so Obviously brag is is worrying issue, as you describe he's already, yeah embarrassed that in blue blue new york, where I mean yes, the bee's knees. If you prosecute tromp or file a suit against them or whatever,

Ah, yes, he has so far went down reason is one tat is because this is very. Peculiar case There is some people in some apparently in the year in the days office they referred to. This is the same, be investigation the stormy Daniels case, because it was the one that wouldn't die. You are needed They thought they had killed. It kept coming back, cause it's these things. Wretched is probably the most classic trompe there is because- there's so much. Ikey behaviour augur and on the young on the cartilage of it. There is probably technical violations of the law, but the thing is: is the key the thing that nobody would be prosecuted for particularly in new york, particularly by alvin brand, who won't prosecute like gang. Finally, I greet grind vs among the subway you're out on the street the next day she had so

this crime that their investigating is the young, the crime of of basically, cooking you're wrong! You! Your corporate box, it's falsifying business records, and it's a misdemeanor in new york which again, no one gets prosecuted for real or people will get prosecuted for felonies in new york like terrible crimes. This is like a a nonsense, misdemeanor that if they, if they actually wanted to do this, they could probably indict every business in in new york an exaggeration, probably not much one, but crime is false if it's a misdemeanor to falsify corporate records unless you do to conceal the commission of another cry in which it's a minor felony which also in new york. Does it ordinarily get pricing?

so this is only being considered for prosecution because its trump you know, there's not. This is like the most flat out the What a of the enforced the law that you can imagine, because no one else would they even be thinking about using resources for this the problem The legal problem with the case is that to me, it worth your while you really have to back it up to a felony so that they can pass the laughed test and the crime that's concealed by if, if this offence happened. The crime, that's concealed by the cooking up the books, is a camp finance violation, but came finance violation is not a violation of new york criminal law to violation of federal criminal law. So this but you ve doesnt, specify when it says that

you're concealing another crime. It can be a felony, it doesn't specify in the statute that the crime has be a crime against the the penal law. New york certainly seems like that's what it's? What its intent to be b. It's a new york statue- and you know the logic of the argument that well it doesn't specify what kind of crime it doesn't have to be a new your crime. While I don't know. Is a crime against shariah, ok how is a crime against the law in france, ok so I think they have a big problem trying to get this into a felony, because if it is if it was indeed to conceal something, was to conceal a campaign finance violation. And you have the problem of what was it really a campaign? Finance violation. Remember that the prosecutors in the southern district of new york decide not to prosecute trump, even I think prosecuted, Michael Cohen. I got him to plead guilty

part of the reason for that is the different laws under the campaign finance provisions that apply to the candidate as opposed to people who are contributing to the candidate. So justly it might have been a prime minister cowen doesn't mean it was necessarily one asked trot, Then, if you could get past those hurdles, the two main witnesses that you need here, what what happened here just so people remember, is for Daniels? contends that she had a sexual relationship with trump that went on she says from two thousand six into two thousand and seven there's one a liaison that that that happened in a golf clubs. I think in las vegas. see. That's the notorious one that she's a she's talked about, but anyway this happened in two thousand. Six was like ten years before trump runs for president And then she says during the campaign that she's gonna go public,

so to make a long story short cuts. And who was then trump's, fixer works the national inquirer to get her to sign a nine closure agreement, which is why they call it hush money. Is paid a hundred and thirty thousand dollars to stay silent about what happened and cohen, pays her, the hundred and thirty thousand dollars out of his own pocket. and let him when this first comes to light. He makes public statements saying that he paid of his own accord. Trump had nothing to do with it. He did it because he believes in trapani didn't believe this woman and he was drawn up. You'll help trop, so yeah later on, he says, of course, trump was involved in it. and there is some evidence contemporaneously. They were dealing with a similar situation with another woman named susan, not sousa acumen. I

it does always made yeah right and I always think of Susan macdougall from the year from the Clinton days, but I cant remember the first thing, but anyway so that doesn't recording. That indicates the trump had knowledge and of the macdougall saddle Obviously there is no reason to think he wouldn't have had knowledge of the year stormy, Daniel thing that you like the like Michael calling went off it did. This is a right, but the thing is cohen, here's your two witnesses if you want to try to prove this up cohen, who is a convicted fraudster, who sent trump had nothing to do with it and the other witnesses, Alan weissenburg, who is D? cfo the trump organization whose but he structured the payments to reimburse calling They didn't discuss it with truck and

the DA's office has. Trying for years to get one were to give up drop. and weissenburg won't do it so You recall we talked about weissenburg a couple of months ago when he was it. Didn't those minor. Felonies and then became a witness against the trump organization they had. Him testify in that case, and the trump organization was also convicted. So his great reward, for cooperating with the da in the case against the trump organization is that they have pushed to have him serve his five month sentence at ripe resigned. so the seventy five year old man, his city can fight, recycle it with the day. I hope you'll get his mind right and come in and tell them that you don't drop, knew everything about stormy Daniels and then I guess bill bill bill at that point

like they can pull the trigger and anna georgia accept that weisel burgers made a bunch of statements saying that trump didn't know anything about it? So if he changes his tune now after they've had him sit in rikers island for a few weeks, you can imagine what the defense will do with that and on that score rich, I should bring this full circle by saying trump. In this case, I most of his other cases has actually hired an exit. Defence lawyer whose name is wrong for sharing and whose other claim to fame besides now being trumps lawyer all of this is for many years, partner in law firm fish eddie and palmer rats, but were wrong? Who did who were excellent, excellent blot? Yes, it does something. These guys were excellent lawyers, especially in mafia cases, and they were real experts in now enrico

but fisheries, a great defence lawyer he and mark were rob. We're partners for years and a failure. If there is the people versus Donald trump had actually become a case instead of the book. I guess they would a scared off against each other so lasting, Andy speaking prosecution of shop, so you think, with the dogmas case against trump, presumably failing given the the Biden. Of this that, though, the redoubled trying to get him on something january, six related the they are redoubling rich, because what we are hearing now, of course, the bottom line here, just to cut to the chase Is that garland has to sign off on this one way or the other? No matter the special council in, in this case jack smith, unlike the very narrow remit that garlon gave to her, which is only for classified information, what are you?

wait, jack smith to be the trump special council, he gave him jurisdiction over everything, trot related so january, six, as well as the classified documents and anything else. It comes up. And also ultimately you'll be young. It'll, be collins, cos and the issue here is: you know again: Are you gonna, essentially criminalize johnny's men's legal theories, which I think be a precedent that, with the growing has to know, would be a very from he was precedent for the justice department, But the reason I say there, obviously redoubling their efforts. Not like the you didn't. like they stored in june in things up after the young after things started to go south on the classified documents they ve been working, all along and so somebody yeah information and the witnesses are run a relevant to both the classified documents. and january six, but remember

we discussed that dumb, the justice department put the white house, council lawyers, patsy bologna impact feldman in the grand jury, and they went to the they went to the court. To get a ruling that these guys couldn't assert executive privilege to avoid answering questions, some of that with respect to film and has to do with the classified documents, but most of it is about january. and as we saw in the january six hearing in the committee, proceedings. Civil law is a very important witness in connection with january six, if the throwing him in the grand jury and forcing them to testify. That's the reason so They are doing a number of things that now that there are still very interested in january six. The other thing, as I understand that they ve done ridge, is they ve gotten? all of the immense and other arm humanity. Information from the fort

county prosecutor, Fani willis in atlanta who's been trying to make the case the state case on trunk in connection with the twenty twenty election in georgia, the just this department is obviously scrutinising all of the information that the prosecutors and foreign county have shared in connection with, what's known as the year, the fake electors scheme, which would obviously be part, I think, would be part of the justice department case if they decided to pull the trigger and charge. So I just think there may have been a point in time when, because the evident seems so strong in connection with the classified documents, they might have been. Looking too, and down on january six, but I think now that the the the classical Documents doesn't look like it's happening january. Sixteen, sir, you know up to number one with a bullet as they say.

All right. Well, that's all the time we had this part gas has been produced by the incomparable sir, should he takes it want for last night, and thank you anymore. Thanks, rich,