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April 5, 2023 - Doug Collins Podcast
25:09
Is that all you got? The Trump Day in Court
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You want to listen to a podcast?
By who?
Georgia GOP Congressman Doug Collins.
How is it?
The greatest thing I have ever heard in my whole life.
I could not believe my ears.
In this house, wherever the rules are disregarded, chaos and mob rule.
It has been said today, where is bravery?
I'll tell you where bravery is found and courage is found.
It's found in this minority who has lived through the last year of nothing but rules being broken, people being put down, questions not being answered, and this majority say, be damned with anything else.
We're going to impeach and do whatever we want to do.
Why?
Because we won an election.
I guarantee you, one day you'll be back in the minority and it ain't gonna be that fun.
Everybody, wow, what a day yesterday was.
It was Tuesday.
It was Trump day, basically in New York City.
Alvin Bragg, along with the police commissioners and the New York mayors, every shut basically everything down, costing millions upon millions upon dollars of taxpayer money for an indictment and an arraignment that I'm going to get to here in just a minute.
They reminded me so much of the Old Wendy's commercial.
In fact, I'm going to even let you hear it here in a little bit.
The Wendy's commercial.
Where's the beef?
I mean, this was just so amazing that what happened yesterday and what the build-up to was.
We're going to get to that in just a few minutes today on the podcast because I wanted to keep you updated and letting you know what's going on as we see this coming up.
But other things that bother me about this week, and before we ever get to this breakdown of the indictment, breakdown of what's going on and why I believe this is just, again, a politically motivated indictment here, is things that are not being discussed.
And I think one of the things that's not being discussed yesterday that was really big to me is, while this was going on, the Biden administration dropped The news that these weather satellites, remember that weather balloon back about two months ago that floated all the way from China all the way up to the South Carolina coast before we actually blew it up?
All the while it was taking laps and tours around the United States and specifically around areas of national security such as Maelstrom Alforce Base in Montana and some of our nuclear sites, even making figure eights over some of these areas.
Now, what we heard back then was the Biden administration, oh, this is nothing.
There's no signal intelligence that can be brought from this.
There's nothing that can be gained from this.
Now, during this week, when nobody else is going to focus on it, especially the liberal media, who is so fixated with Donald Trump that they can't even get breakfast without mentioning his name, I don't think.
You know, they have went and dropped the information that yes, this was able to gather signal intelligence, electronic emissions, things that come from our devices such as nuclear warheads, nuclear devices, nuclear communications, all these things we're gathering and sending in real time back to China.
Folks, don't be misled here.
Don't let the shiny objects get in the way.
I know that for many, you know, they want to talk about Trump and defending Trump or they want to prosecute Trump and everybody else.
But at the same point, you've got an administration that is hiding the fact that they allowed a Chinese spy balloon to float over the United States.
Completely before they shot it down, while at the same time, it was transmitting in real-time data back to China.
Now, also, they could control this.
We know about that because they're actually moving it around.
We know that there was a probability now of a detonation device in which China could have taken this balloon out.
What if there had been other things in that balloon that could have been biological or anything else that could have been displayed over the American airbase or any city or anything else?
Folks, I've seen so little printed about this in the last 24 to 48 hours about this issue.
Why?
Because of the fixation of America on an indictment of Donald Trump for money paid to a former porn star, to a former Playboy Playmate, and also to a doorman at Trump Towers.
Now folks, we're going to get to the indictment in a minute.
But I just have to leave you with, where's the beef?
We'll get to it here in just a minute on the Doug Collins Podcast.
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All right.
As I said earlier, we're going to get into this indictment.
We're going to get into this whole issue of what's going on with the Trump.
Now, let's just set the stage here.
Let's go back for just a minute as we talk about this, and I'm not going to talk long on it, but I want to lay it out, and we need to continue to put this in proper context.
Alvin Bragg is one of the group of district attorneys that were put into office by liberal groups who wanted...
Really to change the structure of how we do criminal justice in this country.
Now, as many of you know, and I've talked on this show, I'm an advocate for proper criminal justice reform.
Proper criminal justice reform is where the prosecutors, the law enforcement have the tools and the ability to prosecute crimes, to stop crimes, and to prevent crimes, and to execute justice where needed for those who commit crimes in a fair and impartial way.
Also, a criminal justice system that is fair to the defendant.
It is fair in sentencing.
You put a proper sentence to a proper crime.
These are all things that need to be happening.
We need good pretrial detention.
We need good pretrial avenues to take care of folks who are just caught up in a system, maybe made bad mistakes, whether it be drugs or mental health.
Those are all part.
What criminal justice reform is not is what Alvin Bragg and many of these liberal DAs are doing in which they're lowering criminal, again, Outside the legislative body, they're saying, look, the legislative body in Alvin Bragg's case, It's saying, hey, these are criminal offenses that we're charging as felonies.
Who makes that determination?
The New York Assembly does.
The New York Legislature does.
Not Alvin Bragg in the more of Manhattan.
But yet what he came into office saying was, is a couple of things.
Number one, he stated that he was going to take felonies and they were going to drop them to misdemeanor offenses.
He was going to take many misdemeanors and not even prosecute them anymore.
The very job of a prosecutor is to prosecute crimes.
And we have a district attorney, not just Alvin Bragg, but many across the country who are deciding that prosecuting is not their job.
They're only going to do what they want to do.
And many times that turns into political motivated indictments that come along.
Thus, the second part of Alvin Bragg.
Now, again, criminal justice reform is not letting people off.
Criminal justice reform is not prosecuting crimes.
Criminal justice reform is not just blaming something else and blaming the police.
It is making A mockery of the system and for those of us who are trying to help people who are incarcerated, who help people get reintegrated back to society.
And in the month of April called Second Chances Month, we need more opportunities for people to have second chances.
But right now, we're not seeing that.
Right now, we're seeing Alvin Bragg and his group of DAs who don't want to prosecute, who don't want to do their job making a mockery of a system and basically turning people against true reforms that could actually work.
Alvin Bragg also had another problem.
Alvin Bragg had a Donald Trump problem in Manhattan.
He ran on the simple fact that, yes, I'm going to get Donald Trump.
I will make sure him and Letitia James, the Attorney General of New York, will turn their back on literal crime to try and do something against Donald Trump.
You don't believe me?
Just simply look at the crime going on right now and the issues of the police and 50% accusation rate on the felonies in New York City.
People are being pushed to subway tracks.
People are being stabbed in Times Square.
He actually tried to charge somebody with murder for self-defense when the guy was actually robbing him at gunpoint.
Again, Alvin Bragg is a politically motivated district attorney, a democratically elected district attorney, who has said in interviews and others that he wants to get Donald Trump.
He wanted to.
He didn't like Donald Trump.
And that is, I think, the deep-seated motivation for what we are seeing going on now.
But now it is turned.
This case no longer is simply about Alvin Bragg and his politically motivated prosecution of Donald Trump.
It's not simply the left screaming Donald Trump Has done all these bad things wrong.
We need to make sure he goes to jail.
Now, again, turning a willing blind eye to Hillary Clinton, a willing blind eye to Hunter Biden and other things going on.
But simply because they don't like Donald Trump, they're going to make sure that this is, quote, the biggest thing that's ever been.
But it's a political prosecution.
It is not what you see in America.
America, you do not see this.
You do not see the left or the right go after political opponents who have been taken out of office, kicked out of office, however you want to put it, from the left or the right's perspective.
You don't go after them after that.
You did not see that.
For all of the people who claim, oh, listen to them, lock her up, lock her up, about Hillary Clinton and Trump leading that...
When he was in office, the Department of Justice and others did not go after Hillary Clinton.
It didn't happen.
Okay?
There's a reason.
And that is because our justice system should be based on law and a sense of propriety over a sense of, I'm going to get my political opponents.
And again, I've heard this spoken many times over the last few days.
I, and many others, do not believe that if Donald Trump had never won the presidency, or even if he decided never to run again for presidency, this would have never been brought forward.
This case, I do not believe, would have ever saw the light of day had it not been for the fact Donald Trump is now running again for president of the United States, and the left is absolutely losing their mind over it.
So, as I said a minute ago, this now is taking it to a new form, a new realm.
And I wanted to give you a quick update this morning just to catch you up to date and let you know where this prosecution is going.
And also just to say, hey, here's what we see going ahead of why I believe completely this is a political prosecution.
What we found yesterday in the indictment that was put out, and the indictment, you know, comes in the form of paper, and this is, I've always told you, I said, you know, what's written down is what's actually done.
Over the last few days, I've done social media posts, we've talked about it on the podcast, about what could be in this indictment, what we were hearing.
I mean, Alvin Bragg's idea of a secret grand jury is just sort of turned on its head when you had so much leaks and sieve Of just information coming out about who's testifying, what was being talked about, when they're going to possibly indict Trump.
I mean, this was a farce to start with, as opposed to many of the other grand jury situations you see around the country.
You just don't see this.
So we knew roughly what this was about.
It was about money paid to Stormy Daniels.
And then, as you sort of brought other witnesses in, especially the National Enquirer CEO and others, that it may be expanded out to other playboy Playmate McDougal and a doorman at the Trump Tower.
And this was finally what came out.
What surprised me and many other commentators, even those on the left, when it finally arrived, when you finally saw the indictment, it was a...
Huh?
Huh?
I mean, for the build-up, for the bait-and-switch at the end of last week where everything was going silent and they said, oh, we're not going to do this until a month.
The grand jury's going home.
Alan Bragg already had the indictments in his hand.
He was just waiting to announce them, and that's what he did last Thursday night.
And so all of us said, okay, there's got to be something else here.
You can't be taking a misdemeanor offense in the state of New York, tying it to some crime.
And I want to read this to you, because this is very important for you to understand.
The...
New York law here, and you're going to see this.
If you read the indictment, it goes 34 counts, basically repeating this same offense 34 times in three different instances, and actually copying basically the same date.
We're going to talk about that in a minute.
It's called stacking.
This is a problem with prosecutorial discretion that we'll talk about here in a minute.
But I want you to listen to what it actually says is the crime that Donald Trump is being accused of, the felony crime that he's being accused of.
Again, this is Penal Code 175.10, falsifying business records in the first degree.
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree and with his intent to defraud includes an intent to commit another crime or to aid in the commission or conceal the commission thereof.
Okay, let's go back here.
What is that then in second degree?
A person is guilty of falsifying business records secondary when, with intent to fraud, he makes or causes a false entry in the business records of an enterprise, alters, erases, obliterates, deletes, removes, or destroys the true entity of the business records of an enterprise, omits to make a true entry of business records of an enterprise in violation of a duty to do so, which he knows may be imposed upon him by law or by the nature of his position, It is a misdemeanor.
It only becomes this felony when the intent to defraud includes...
Now, here's the problem.
In this indictment, and it's 16 pages...
It says, the grand jury therefore said, the indictment further accused the defendant of the crime of falsifying business records in the first degree in violation of Penal Code 175.10 and committed and then lays out that he intended to do this.
Basically a re-statement of the law by saying he wrote a check.
Now, what is also interesting here is, and in a little bit there's going to be a list of particulars or a document of particulars that's going to actually try and outline this.
Alvin Bragg yesterday, though, would not say what the other crime was.
Now, he implied it was state and federal election law.
Now, let's take that a second.
If it was federal election law, then why did the FEC... Say there's nothing here.
Why did the Department of Justice under Merrick Garland say nothing here?
Why did Cy Vance, the DA before Alvin Bragg, say nothing here?
Why did Alvin Bragg's own office say nothing here?
And now we're re-upping this case, which, by the way, the falsified business record has a two-year statute of limitations, now attaching it, trying to make it a misdemeanor on a possible crime.
As a commentator said last night, in legal defense, now I know the next court case here is not until December the 4th when Donald Trump's going to be made to come back to court, which is again...
Unheard of in this, why would you make this person come back for a motions hearing on December 4th?
It's just, again, shutting down New York City to do this is just simply, I think, a continuation of this political indictment that we're seeing.
But let's think about this.
They're getting ready to have motions in which the Donald Trump's lawyers, which are good lawyers, will take this indictment.
They'll take the bill of particulars, which is given on what they're actually saying here, and they're going to attack on its face.
The motion, a motion can be made to dismiss this on its face for, that it's not sufficient on its face for an indictment.
It doesn't get, the indictment is supposed to give the defendant the ability to know what they're being charged with and why.
This does not do that.
Because the whole crux of this public law, 175.10, is that it is done with intent to defraud.
Number one, you're intending to defraud someone.
The question here is, who?
Alvin Bragg thinks it's the electorate.
If that be true, then what about all the news media outlets?
Is he starting with the New York Times?
Is he starting with the others who actually refuse to talk about Hillary Clinton's emails?
Who refuse to talk about Hunter Biden's laptop in the 2020 election?
That is the intent to defraud An election process.
If you want to get into election defraud, then that's a whole different issue.
But right here, what we're talking about is an intent to defraud.
He's saying Donald Trump intended to defraud.
What?
Didn't say.
Includes an intent to commit another crime.
What is that other crime?
Again, doesn't say.
The indictment does not give the information in many people's minds enough to stand forward.
Now, I will also say, will a judge probably allow this to continue?
Yes, because it's done that way a lot.
Is it right?
No.
Now, when the particulars come out on this and they're going to start saying, okay, here's what crime we're actually saying he committed or didn't commit, that's going to be the interesting part of this is being committed to another crime.
Did they either intend to do it or did they not do it?
What was the thought pattern here?
What was the process?
Was it about the election or was it about a family keeping family from being embarrassed by these accounts?
These are all things that this indictment doesn't show.
There's another part here that bothers me a great deal, and it bothered many of those looking at this indictment yesterday to show that it was not much.
Don't believe 34 of these charges here in some kind of a...
What do you say?
A... It's basically three sets of charges, three charges that they've stacked together.
This is something on the federal level and others is talking about.
You're just stacking charges.
Many times what this has done to do is to Encourage the defendant to plead guilty to something much less.
One charge, maybe.
A different charge altogether.
They're stacking it so that they can increase the penalty, increase the jail time, to increase the fines.
It's a horrendous way to do a law.
In fact, it's actually, if you truly read the prosecutorial ethics code, it's against prosecutorial ethics to stack charges simply to gain an outcome like this when, again, you're not enhancing the case, you're simply Uh, citing the same example in a different light, uh, for the same charge.
This is where prosecutorial discretion, which many of you may have heard about.
This is really the biggest problem.
Prosecutorial discretion says that I can look at a case that the police bring me that is brought to me.
And I can say, look, I agree that you have elements here, but I'm not think we can prosecute this case.
Nobody would actually say anything about a prosecutor doing that.
Or you can actually say, look, this is right on the edge.
I'm going to prosecute it anyway.
I think we can make, uh, Some convince a jury that this is a crime.
There's enough here to go with it.
And then there's enough to say the prosecutor simply says, look, I'm not going to prosecute this case.
I don't care where it comes from.
It's just not in the best interest of the state and not in the best interest of my office to waste the resources doing this.
There's also the prosecutorial ethic to charge and to prosecute only what is there.
And this is where I believe the prosecutorial ethics of Alvin Bragg are showing to be lacking, in my opinion.
Because you're stacking charges.
You're not giving specificity to the charges.
The bill of particulars has not come out yet.
The particulars of this case have not come out.
But if you had the case, why didn't you say it?
And I'm not saying that he has to or required to.
I mean, he's undoubtedly making the conscious choice that he didn't have to yesterday.
But it just goes to show, and I think except for the most diehard left in the country who believe that this indictment is airtight and everything's done, it's not.
There's so many motions that are going to be brought.
And I agree with Trump's lawyers who say, hey, we may not even, this may be called dismissed on paper.
In other words, the motions practice here may get this case completely dismissed before it is even remotely scheduled for trial.
Why?
Because it goes back to a simple understanding.
This case is simply about a political prosecution by a politically-minded DA who's simply pleasing those he promised what he would do.
Folks, we're better than this.
In the words of Elijah Cummings, a former congressman from Maryland who I had the privilege of serving with, Elijah Cummings would often say, especially at Republicans and others, he would actually say, he said, we're better than this.
Folks, we're better than this.
I mean, there are other issues out there, and if something is done wrong, I'm sure there will be prosecutors to find it.
But this one, to lead off?
In the contentious nature of this country right now, and if this is done in any kind of a way of a political idea that maybe it would raise Donald Trump up, that he would be the candidate for the Republicans so the Democrats could beat him more, maybe that's a perverted way of thinking of Democrats right now.
Folks, this is not the way you do this.
This is a prosecution.
It is in the words of Donald Trump.
He calls it a witch hunt.
It is just simply because they don't like Donald Trump.
Even if you held out remotely for a minute that there was something more to this case, yesterday put it all to rest.
This is nothing but a political prosecution.
It's also an indictment on prosecutors using discretion in the wrong way, in my opinion.
It's also a possibility of it is inciting people who look at our country and say, really?
This is what New York City is spending its time on?
When the DA in New York City has had all other kinds of crime running rampant in his city and this is what he chooses to spend time on?
Folks, we'll probably have a lot more to say about this in weeks and months to come because the next public court case on this one is December the 4th.
But I wanted to get you updated.
I wanted to let you know what the law said.
I wanted to know what the indictment said and why I believe as we started this show off, where's the beef?
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