Today on The McCarthy Report, Andy and Rich discuss the impending Trump indictment over the Mar-a-Lago documents case, the Comer–Wray showdown, and much more.
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
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home work until the Mccarthy report part gas were irish, Larry discuss with any mccarthy the latest legal and national security issues this week. What else the loom
tromp indictment of some reason are already find us on a string. A service by the way can find us everywhere from spot a vital
itunes, please give this part gas narrative about they, the glowing in
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views that they deserve on itunes and now without further ado
welcome to this very podcast through the miracle of riverside none other than Andy Mccarthy.
A rich. How are you doing here? I'm doing fine
Actually, I'm I'm I'm having
little trouble breathing. Today, after rub it being added
We have this.
A new jersey. We,
the same envelopment of bad air that we're dealing with in new york and other places around the country as well from
these wildfires. We have wildfires actually here in jersey, when I was when I was a kid growing up in the bronx, I always thought the jersey was like one big newark
so I see from the highway well
because, if you from the bronx, you need some place to like look
I know that so we picked jersey, but jersey is actually quite nice. They don't call it the garden state for nothing, it's it's. It's got quite beautiful parts of it and we
I have a lot of it is a we have. We have some wildfires here, not anything like what they have in canada, but the air here is awful.
and my son is playing
is his summer
small team and therefore
get a very nice facility for their games at night, but
The place doesn't have lights, which is fine,
in this kind of year, right rikers, wherein wherein, like this six week period where we have the lawyers yeah yeah, but so my wife
phoned me during the dirt?
game and was around the seventh ending and she said to me: can you
still seekers these games go on forever. I mean they haven't, figured out the pitch clock, yet reggie diving. This goes on for like they did. You know it's like two hours and you're in the fourth innings, so she says to me:
can still see, and I say yes,
I could see fine, I don't know if they can breathe, because it was just hard was it was it was. It was bad for them and you know for for a game that
yet, if you think about you, get out there for the fresh air in the sunshine and all that stuff just stood tough night to breathe.
The other is very interesting and, in my part of the northeast here, a kind of yellow hugh to the
sky. Yet yesterday, so
speaking
the stormy forecasts that bad weather.
more coming for donald trump that I see what you did their rich. It was tat. I was a little thousands of forced down.
Looking at his second indictment here, we ve had some high speed
meetings going on travellers met with jack.
Yes, I guess and then wanted to meet with mere garland to make the case that jack smith isn't it.
fair, and you got the grand jury going again and I used to write one also in florida, so go
picture for us and then well how unannounced stuff
rich. This is this
the real serious one. I think- and it's not just me saying so I think if you remember, when we had bill bar at the
ideas summit couple of several weeks back east
He a that of all the the yeah
array of problems. The trump seem to be confronting from federal and state prosecutors. The case that seem to be the one that he had them, the most jeopardy out of is the moral logo documents case, which has been investigated by jack smith, the special council who was appointed by american airline in november
Smith's remit includes all of the potential trump investigations that the justice department has been looking at, that
essentially not only moral log, oh buddy, before moral ago, they were looking at january six as we discussed last week
I really don't see a january six case coming
That doesn't mean anyone should go to sleep on january six, because what I think is going to happen in a week. We spend so much time talking about,
essential charges against trump that I think maybe we haven't focused enough on the fact that smith.
being a special council like mauler was a special council endorses a special council. He gets to write a report.
About his charging decisions at the end. So I think what he's going to do with respect to january sixth is not indict tromp, because that's that's too difficult to make the case, but he can write a report that would be a pretty devastating report
that they could drop any time, that's propitious for them in the election cycle. So what I would expect- that's probably what's going to happen with january six, but that the case that poses the most potential criminals.
Forty four trump just because of the seriousness of the evidence and the potential charges is tomorrow, logo documents case, and we talked a couple of weeks ago on the podcast about the reporting. That smith was basically at the conclusion of his investigation
was at that point, sensing that charges were eminent, that Donald trump lawyers who are now
these are his criminal defence lawyers and in the moral logo investigation in any event a gym try.
D, who's, a a former justice department official from the bush, forty three administration. Interestingly, he worked at the justice department at the same time that smith worked at the justice. Smith was a longtime justice department prosecutor before becoming an international prosecutor at the hague. So I think trusty and smith know each other quite well. They were you know, running around the
same circles in in the justice department, I think of in the when Eric holder was attorney general. I think smith ran the public integrity section at the at t, O j. So these guys know each other from from.
justice department and then there's a couple of other lawyers, John rally and end lindsey halligan, but any
They sent a letter a couple of weeks ago. Maybe three weeks ago to tomorrow,
darlin demanding a meeting so that they could complain about the at what they called the outrageous and
unlawful investigation being conducted by smith, which you know this is not tromp on social media right. This is these are
You know, experience criminal defence lawyers and
being a guy who used to be a high ranking officials, the justice department and trusty so to have them going to paper, saying that the prosecutor is involved in outrageous and illegal investigative acted
He is not here now, obviously there if they're they're playing for the client, but at the same time for them to see
that especially when they ve been guarded incurred about a number of the things that they said. That is not something that I would just like. Dismissive Lee yard. I wouldn't take that lightly, even though I am not sure they're gonna be able to back up what there
saying, but anyway they demanded a meeting with garland what so they could complain about smith
what they ended up getting was they got a meeting monday at main justice, but god
didn't show up
LISA monica the deputy attorney general, did not show up, so they what they basically got
a meeting with smith to complain about Psmith which look
like it went about as well as you would expect you don't do it do seeing. Is that was the point of it, but I think rich this is
What what garland is doing here is consistent with what we discussed in the past about why he brought smith in in the first place,
There really was not a good reason to appoint a special council in this case,
I know in the old what I regard as
the days of our podcast, I used to say that their rub. There wasn't a good reason
to appoint mahler as a special council, but that
The reason here is different,
mahler shouldn't have been appointed because there wasn't a basis for a criminal.
instigation here there's
one, a basis for a criminal investigation. But the other thing that you need for a special council is a conflict of interest and there was no conflict of interest between the Biden, justice department and trump there's. A conflict of interests between the Biden, justice, department and Biden, but in connection
the Biden, family investigation, garland, refuses to appoint a special council, so he's appointed Psmith as a special council. He didn't do it because there was a conflict of interest. He did it for sheer political calculation.
which is they know in the Biden administration. That trump is going to make a big political issue about the fact that Biden we're about the allegation. That Biden is weapon icing. The justice department against
tromp. So what garland is seeking to do is creates
the illusion of some detachment
installation between boy,
Biden and the Biden justice department on the one hand, and the decision to prosecute trump on the other. They know trumpet
owing to be prosecuted- and they wanted to look like this is Jack smith's,
unilateral decision and that job.
In america. Ireland have nothing to do with it. It's a ridiculous claim because Psmith answers to garland
garland ultimately has veto power over whether he brings charges or not, and everybody in the executive branch excess
as is the president's power? No one, the executive branch has power except the president smith, if he decides to prosecutors,
and even as he investigates trump he's exercising Biden power
so as a matter of just sheer strict constitutional law, they can't get away from the fact that,
ion and garland are obviously attack.
Two would have. A decision is made with respect to charging trump but they're going to church
to pull off saying that
don't have anything to do with it now imagine the media will help him so
they, then they go to tramp tramp sailors, good gotta trump.
And there's a resulting explosion and all caps on true social and the first, although not mess
The question I have for your andy is in the outline you provided today. There are a bunch of us six
after various grammatical mistakes in trumps posted did you stick those in or authority, and when you copied and pasted this from somewhere else
trot. I dont think trump does you, but you did
put by it s? Why? How the thing is so this detour associating wholehearted socialists now know I had to type in that
the true social thing that I saw you couldn't you couldn't like I say: ok, so I had a type it myself and, as I type that I said, I don't want people think this.
So
he said a couple things one. How can I get charged, which first of all, I would suggest that somebody told them he's gonna, get charge yep and
then he goes off on how unfair this is
of course, this matter whether something is fair or not, it's, it's always always unfair.
Sometimes it is on actually unfair
but he he talks about
by eighteen hundred and five,
boxes much of it classified Dennis
back to a senate day, sick
when even democratic he's democrat centres are shocked,
so that how close as I get to to bide well he's he's like in the ballpark buddies. You know he's its its trump railing. So.
there are one in two thousand and twelve, while Biden was still vice president, he donated eighteen hundred and fifty boxes.
Mostly his senate records, I think there were also records from some of his vice presidential
but the administration was an over yet so there's not much of that, but his senate records they had to do something with them, so he basically donated his papers to the university of
delaware and what trump is doing is mixing up two different things on
january? Twenty first of this year after the first revelations, we got that Biden had classified information in his heart
the fbi it in this is his wilmington home, the f b I searched by
Wilmington home with Biden consent, and they
located
a number. We don't know how many of classified documents that what they carefully said was
out of Biden home. They took six items of classified records,
But we don't know what an item is. It could be a breadbox, it could be like a file cabinet, it could be an envelope. We just don't know so some number of documents were taken out and what the real,
wording says, is that some of them stemmed from his time as Biden administration- I'm sorry obama, administration vice president, but sir,
them were from his time in the senate, which was a very
starving allegation because
senators and represent,
it is in the house
are not allowed to possess classes
information. If they want to reveal what they have to go to a skiff, secure location at capitol hill, they review
within the room and they leave. They don't get to take it with them, unlike executive branch
no security officials who do get to look at stuff and other look
patients cause they are always on duty. You know twenty four seven, if they're in these national security jobs.
There was no good reason for Biden to have documents from when he was in the senate, which is one of the scandalous things about his. The investigation of him.
Now that was his home and wilmington
for the eighteen hundred and fifty boxes at at the universe
the delaware there's been,
population and I don't think it's it's idle speculation that given the fact that Biden,
seems to have classified information in a plethora of of private locations
private office, his garage, his den, is his home. I don't they
found anything in robe with beach, but but in Wilmington they found classified information quite a number of different places, so it
not it it's not unreasonable to speculate that if he had classified information from the
may he was in the senate. It wouldn't be shocking to find it in the eighteen hundred and fifty boxes of his decades of papers that he gave to you, delaware, but
robert her, who was the special council on that part of the investigation, looking only special
so only on Biden classified possession classified documents, nothing else, not the,
I'd and family. None of that stuff. He
the f b. I have actually
been reviewing the eighteen,
didn't fifty boxes and so far there has not been reported
any indication that there is classified information in those boxes. Could they be covering it up sure but
don't think so, because we did learn about the other classified information he had. So I doubt that I doubt that they have found any but
they do will hear about it. But what trump is confusing or conflicting is the boxes at at you, delaware, with what they found in
home in wilmington, and he also says that president Clinton had
mention one in court. Yeah he's he's like off the mark on that pretty pretty much completely so Clinton
worked with a historian whose name escapes me at them
taylor, taylor branch. He has a great history I didn't read his book was apparently it was terrible, but he he wrote this trilogy on martin luther king is one of the best up biographies, slash histories, I've ever read: oh that's great and all right. Well that that's good to know he worked with he.
With Clinton for the entirety of Clinton's time in the white house. Honoured
chris, what really liked type access
I don't know I don't know
if he was every, but they worked,
on this oral history of of
in time, the white house up here go to school. German movement did that, on with it
and they
generated in the pursuit of this oral history, a number of tape recordings
and some of them Clinton kept in trump began
saying he was hiding them in his socks. He kept a couple of tape recordings
sock drawer in the white house, while he was president, so this is very different from
trumps situation, because, first of all and foremost this happened, while Clinton was president and in the white house and
It's not classified information. These are like an aid memoir that that Clinton made for himself and trump
this situation, by contrast, involves classes
information that he took out of the white house after he was president. So it's not the same.
And the issue in the case which Clinton was not a party to trump says trump says they went to court, including one Clinton wasn't in the case. This was judicial. Watch
went to court against the national archives because they wanted to access these. The tape recordings that clear
had in his private possession
that had been in the soft drawer they wanted to get out
this too, would, under the freedom of information act and the court held that, while Clinton was president, he had the
our under the presidential records act to designate these things that were his personal property as personal property, not presidential records.
And that, in any event, as long as the president does, that designation, while he's president the presidential records act
and have any provision that allows than the national archives to? Second guess, the president. So that was what that case was about, and it's it's not it's totally different from
trumps situations that road I help bucket. There's gotta be something in this true social purse that that that that's accurate so that.
but while their art, if there are two things that we should get us, try to get him. So it's all all the other proofreading marks are distracted me. So
a crooked hilary deleted. Thirty three thousand emails, many classified and wasn't even close to be charged, exclamation point ten
very true- and you noticed, there's no sick after about that noted soap,
on board to stay on the hilary point, because this is the one that actually helps him, and
It may not be a legal defence, but it's it's it's something that it he's got a lot to work with their cause and here's something he's got a lot to work with their that's
through that you know he might want to try to avail himself of, but the the kind
grass, between the way, the obama Biden, justice, deportment investigated, who her or pretended to investigate Hillary Clinton?
This is the way the earth has been scorch to go after trump is a thing to behold and
in the hilary investigation it not only
did she delete and destroy thirty thirty. Three thousand emails
but she did it at a time that she knew that they were run to subpoena by the house. So, given that
is going to be prosecuted for obstruction. That was, you know some pretty
layton obstruction that they didn't even consider charging her for
in that case. Not only did they not name a special council which they should have this. The obama justice department in
to getting the obama secretary of state right, but they allow
Clinton's lawyers to basically run that investigation and the justice department made all kinds of deals with Clinton's lawyers that limited what the f b I was
to see every time somebody got near breaking the law, the justice deported
jumped in an immunized the person so that there would be no prosecution areas like night and day different from the way that the trump investigation has been handled. So he ought to keep hammering that
and the other thing, I would say riches you not to the extent that
He says he didn't do anything wrong and he and its and its outrageous. I would hooked up with trust
d and the other lawyers talking about whether psmith has conducted an outrageous and unlawful investigation and what they are talking about.
and what I think trump is focused on here- is his
former lawyer. He may still be a lawyer for trump in some things, but a guy by the name of
in corcoran who we have talked about from time to time in the podcast before so corps
when was the guy who trump put in charge of responding to the justice department on the grand jury
Pina that d o J issued to trump in may
a of twenty twenty to demand
that he turn over any documents with classification markings that were in his possession and then,
the subpoena I've I've been saying that you know for all the stuff about trump's documents and the three hundred classified documents he had in his possession. Probably the most important document in smith's case is not a classified document. It's a grand jury subpoena with a re seal, because that's what they're going to build the case.
And with respect to corcoran, so here's what happens, corcoran
as long meetings with trump in preparation
or how he's going to respond to the grand jury subpoena and then what corcoran evidently does he
back to his office and he dictates law
elaborate memos for himself in which he quotes what trump told him while it still fresh in his memory,
so he's got like it? This is, it's almost sounds like don began. All over again right he's got these a labourer. It notes that,
lay out in general, director everything that was perfect.
there were times so
so anyway, it's it's, so that this leads up to that. You know the facts.
it's meeting in in june. I think it was june third of twenty twenty two, where the justice department guy and three f b. I agents
down tomorrow, logo and remember that
give them this carefully wrapped package with thirty eight classified documents in it. They don't claim that he's declared
I'd anything they act like this is like heavy duty stuff. That's the reason. It's it's so carefully wrapped and they present the fbi for transmission to the grandeur.
with a sworn statement that corcoran
and that another lawyer for trump, christina bob signs. As the custodian of trumps presidential pose presidential office, the records that
these sworn statement says they have caused a thorough search
to be done at mar a and these
Thirty eight documents are the only thirty eight documents in trumps possession that have classification markings on them and, of course, we now know that that was false. We
two months later they do the search and they find another hundred documents. So the case is is basically that the heart of smith's case is going to be
this provision of the sworn statement and the
thirty. Eight documents to the fbi
under circumstances where tromp had to know that he had other documents. So what
in the middle of the investigation. What smith does is he gives corcoran a subpoena and corcoran like? What do you mean
subpoena. I was trumps lawyer. All of this is covered by eternity client privileged. You don't get to know the stuff, so he Psmith goes into.
Good old judge barrel howl, who is not who is not. The trump is not her favorite guy, with which
You ve known in a number of different cases in context so anyway barrel how, in her last official act as chief judge of the DC district court, to whom all grand jury matters go
apparently wrote a memorandum opinion which we
haven't seen yet cause it still covered by grand jury secrecy. But we know it's been reported. What's in it, she found that the crime fraud exception was triggered
Tromp had used his lawyers to deceive the grand jury and that
corcoran not only had to testify he had to provide smith with all of his notes of his
conversations with trump and then, of course,
the trump team immediately goes to the dc circuit court of appeals at nay rebuff. The trump team so corcoran did testify and he did turn oldest stuff. Over too,
Psmith. So when trump says that thick end his lawyers say, this is a outrageous unlawful on constitute
no on whatever investigation. What their referring to is the fact that they are using his lawyer, with whom he thought he was having confidential communicate
and protected by his constitutional rights and their
making him the main witness in the in the case against him. So that's what they're, referring to you, not well,
it the the way the law works on this there's a lot of deference that is given to a district court in deciding whether the the crime fraud exception kicks in or not to defeat the attorney client privilege and the court of appeal.
hasn't heard. The full merits of the case, yet the only thing that they were asked to
stay judge judge howells ruling.
and then here a full appeal. They refused to do that, so they haven't hurt. It has
Then a full merits case. The only thing was they wouldn't stay the order so that men he had to turn everything over to the to the prosecutor. The supreme court has it waiting. So if trump goes to trial any
convicted. All of this will be a live issue on appeal, but for now
What he saying is that you know that it's outrageous that they basically turned his lawyer into the main witness against us
Well, the last thing on the sanding and then we'll move on. So when, when you say this is the greatest threat to trump and what what is that
Where's that mean it
so he's gonna be guilty could go to jail. What what,
just as more serious as a practical matter. What what does that mean while the the obstruction case
depending on how many charges he brings and how they pleaded. These could be twenty year counts
lying to the grand jury by itself could be a five year count
I don't know. I suspect that smith will bring some document.
Gorgeous now he'll get a lot. He may not do this, because he'd get a lot of criticism for bring such charges. If Biden is going to get a pass on them and Hillary got a pass on them and pence got a pass on them, but if he brings those charges rich their tenure counts.
And they would also have some consequences for the sentencing guidelines, because when you deal with classified documents, then you get into the whole business of how vulnerable was the country. How much was national security harm by virtue of the fact that these documents were mishandle
that they were an unauthorized place, that some of them may be missing that there's no telling what unauthorized person may have had access to them, so those kind of things can drive up. The sentencing
once the other thing that would matter and matters profoundly to a judge at that sentencing- and I hate to have to bring this up, but I have to break it up is whether the defendant is truthful or not. So you know if you presented defence, that a court to sizes of fraud and in particular, if you get up on the stand and say things that are in truth, that's a big, no, no and usually has sentencing consequences. So I I've always thought that this particular thing is fraught with trouble for trump, because it's not a case that difficult to understand he's got. The documents is no question that he has them so, like you know, that's like eighty percent of proven the cases that he has the documents he's. I dont know what they're going to say about this grand jury, so
and that were that was given. But the thing with trump is that, up until this case, I think he's been able to compellingly say to people. They are singling me out for politics that this is over political vendetta and nothing more, and I think the come back in this case, which really is is in this case more than any other case is that there is not a person in america who would not be prosecuted for giving a false statement to a grand jury.
in writing under oath and that's a very easy thing to understand. Now you know he may be able to convince people that he's in the case only because of who he is and all that stuff. But you know, even if
I have sympathy for them in that regard, and I actually do I don't think he would be under investigation, although I think he, this is the one case. I think he totally brought this on himself and but you know you can't lie le grand jury and if it turns out that, like he'd knowingly had the lawyers give the grand jury misinformation when he knew he had these documents and what they're going to be able to prove riches. He not only had one hundred more documents, but he may have directed people to move boxes of documents around after after they gave the fbi this package.
a lot of the documents they found were found in his personal office. So it's a tough case for them. So, let's, let's I, I live one last thing, so, let's assume worst case for trump. They got them totally nailed. It's.
As airtight
it goes to trial,
When would be the point he potentially be sent to jail. Well, I don't see how this case gets to trial prior to the election
I you know, I I mean obviously part of the reason that smith is is in a hurry to bring it is at least what I've been hearing is that he feels that at a certain point, you get so close to the primaries that if he brings the case at that point, he'll be in violation of the supposed justice department guidelines of not bringing a case that could impact on your life
as if it could ask if it wouldn't impact it? If we brought it now right, so you know- and there is no such that you know the supposed sixty day rule does not actually exist. It's like one, those things they throw out there when they either do or do not want to do something
What's he saying is very similar
What call me was saying back in connection with the hilary investigation, which is that, if we do not resolve this, one
at the other. Now back, then, it was a it was. It was may june of twenty. Sixteen, where call me was saying: if we don't have a resolution, then we have to have a special counsel, and you know the this has
wait until after the elections over. So what smith is saying now is basically he needs to decide now, because you can't just let this go on in the primary cycle. Even
so I think there's going to be a lot of litigation in this case, including you know the the the classified documents and whether he had a right to keep them and whether he declassified them and what, if any, immunity he has under the presidential act, records act and there's a lot of stuff that you can imagine them. Bringing smith may try to to short circuit that by trying to keep it narrowly as a grand
Three, the obstruction case, if he does that narrowly enough, you'll have a good argument that there is no reason to delay this for a long time, if you just if he, if he
Charges at lean and mean- and it's just grand jury obstruction, there's a chance that you could get that to trial in you know six seven months, but I think that the likelihood is that this case ends up getting push beyond election
if it does, then you know I mean whether it ever get stride becomes a function of who wins the election and what happens to. I just I just think now
I'm going to say the same thing I say almost have a three week, which is that, where it such uncharted waters here that anybody who tells you they know what's going to happen and how it's going to happen is just we just never have
through anything like this, we don't know. Yes, I dunno whether trump is going to get a bump from this indictment, I dunno how much room he has to to bump up. He may have already mad
now, but I think it can strike must republicans as totally absurd that this guy potentially could go to jail for for this this this kind of stuff, even if you was running away,
the rules so much good. I just I just want to react one thing to what you said. I agree with
that he's that he's probably top
as far as he could go, but I think what we learned with brag
is that it's not so much it. How much zooms doomed trumped up old others. This aspect to this it just it. It stops the other
candidates dead in the water from getting any momentum? I think that's the thing you know it's it's hard for them cause. They know that
everything they do now. Nobody cares what their positions are, they going be asked about what they think about trump and maybe that help
christie more than it helps anyone else. I dunno cause he's he's more happy to talk about it than the rest of them are, but that's the thing. I think that it's going to be hard. You know MA de santis may be starting to get some traction and if something like this happens that you know he's in
but again yeah. So we have this ongoing dispute between chris ray and jamie calmer, the chairman of the house, every site committee,
like maybe this conflict was so relax.
a little bit when we discussed about it
gus. At last week we
since then, have some significant action, the
The eye brings this document and let's calmer and jamie rask in
view it and very carefully circumscribed
circumstances no notes theirs
a briefing and calmer and rascal come away tying totally different stories to the press about was in there and in what the potential import is
calmer is back to talking
holding ray and contempt. So what's up with this one? Yes, so
right before we got on rich. I saw that comment,
who has written a basically legislation that would, if enacted or passed by the committee, would hold
Ryan contempt, we're talking on no on Wednesday. They are have
the committee. This is the house oversight committee is having a business meeting at nine o clock to morrow morning. So basically, what comber is telling ray is. He has still not o clock to morrow morning to comply with the spina, otherwise that going ahead with the contempt.
So you're right. What happened was Monday? They had the session and last week,
when comer seemed to stay
and down on the idea of moving against re on contempt grounds, what he basically say is set is: let's see what happens
on monday, and it seem like they were satisfied with the with the prospect of re brain them. The document on monday on capitol hill in them getting a briefing and it at least coumarin rask,
being able to review it or apparently what happened monday made comer of it in his mind. I think it it raised more questions than it answered. You know, first of all, they're not complying with the subpoena, which is the most basic element here. The subpoena is directed to rei and it directs him to produce the document at which means give a copy of the document to congress. What they got Monday was right, didn't show up. They said other f b, I agents with the docu
congress was allowed to keep it and its partially were directed. I think commerce said he may have been able to make some notes, but there was a clear
suffice element, at least to the briefing which he was not allowed to make notes about
In the meantime, I think what what really roiled calmer,
was you know he goes out and says to the media.
This is a very disturbing
situation. This document is exactly what we said it was.
this is a very reliable and foreman who has been working for the fbi and they ve been paying him handsomely for ten years.
Is going back to the days of the obama administration. This is an informant David
currently used again and again because his his evidence has been found to be in the past, reliable and corroborated end
The reporting is that this guy has a conversation with a third person who either said
He bribed Biden, or at least implicates Biden in a five million dollar, bribe
which, as far as comer is concerned, that's not a one off it. It actually. The you know, folds in meshes neatly with the other information that his committee is assembled and that and that senators Grassley and Johnson assembled in the senate. So he wants the document and he wants an explanation from ray about what the what the f b, I has done
with this document and in this information under circumstances where what we know up until now is that the fbi doesn't,
to have done much other than try to discredit information there.
it's very information about Biden as russian disinformation. The fbi is working with this prosecutor in delaware, who has been at this case for five years, and nothing has happened even though there are very simple charges that could have been brought against hunter Biden by now and haven't so as far as well as far as com is concerned,
Why should he trusts that the fbi is actually doing anything on this? What he thinks is you know the f b I came in Monday and said to him. We can't give you this. We can't turn it over because it would
in danger, not only the informant but our ongoing investigation. So
homers mind. The ongoing investigation is like the black hole. You know everything goes into it, but we never hear exactly what they're doing and he thinks we're being played. He thinks, like the fbi, saying that their investigating this but they're not, and they are doing more to protect Biden than that actually investigate. So he says he's moving ahead and they will probably vote on this if, if right as it were land, which I don't see any sign that he's going to looks like they will vote tomorrow on holding him in content
and I guess the it. You know. The interesting thing about this rich from a constitutional standpoint is cameras in the right, in the sense that the F
It doesn't have, as we said last week, that the fbi doesn't have any legal basis to refuse to turn over this document. But
You know I always like to say that we are more of a of political society
than a rule of law. Society
even though we like to think of ourselves as a rule of law society and that
after the matter. Is it if you just want to do a cold calculation here ray knows, and you can bet that merit garlon is in the loop on this. The f b I directed, wouldn't be taking this position if the attorney general wasn't backing upon it. But right now is that if he is willing to take one for the team and beheld in contempt after that, it goes nowhere. You know, comber doesn't have the votes, they may not even be votes in the house to impeach re, but even if, even if the republicans worded propose doing that and then home together and
and a majority of the house voted in impeachment article against re, it would die in the senate. It would go nowhere, so this is kind of like when, whenever a colder was held in contempt during the first term of the obama administration, you know it was a big deal at the time that it happened, but then it just kind of died on the vine. Nothing more ever happened.
No real sanction. Nobody seriously thinks that ray is going to be prosecuted for contempt of congress. I mean what what comer is saying is you know? Why doesn't the steve Bannon precedent kick in here and that if he holds re in contempt that the justice department should then indict re the obama, the obama? I'm sorry, the Biden, justice department is not going to indict ray and I would be stunned if, if we have a new republican administration in twenty twenty five, I do not believe a new republican administrations going to prosecute the former f b. I director for criminal contempt under circumstances where he's going to make an argument that he was doing the traditional left be a thing of trying to protect the life of a confidential informant. I just don't think they're going to bring a case like that, so
I think we re probably realises in there. This is the reason he's being as intransigent as he is. He doesn't want to be held in contempt, but if he is willing to be held in contempt that that's really what else can comber due to him at that point, I will that's all the time we have this pot guessing prettiest buddy incomparable Sarah shitty thanks. I want for listening and thank you, mccarthy, thanks
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Transcript generated on 2023-08-10.