It's Indictment Day (Or Is It?): How Not to Get It Dismissed
Brace yourself.
Brace yourself.
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Good day, my friend. | |
We're starting a little early today, a little earlier. | |
8 a.m. Eastern Time versus 9 a.m. | |
Why? | |
Business. | |
Business. | |
But I'm glad you're here. | |
I want to go through a couple of things. | |
I want to remind you that every day I want to provide you with, I think, the best, most thorough legal coverage of what is happening, not the cable news coverage, which is a waste of time. | |
And nobody in particular, it's just a waste of time because they're talking about things that... | |
I don't think it has any reference one way or another to anything. | |
I think I'm being pretty honest with that, but I will tell you, nonetheless, it's one of those things that I don't understand. | |
Let me give you an example of something. | |
Last night, I happened to watch, I came across something which was fascinating. | |
It was on 60 Minutes of all places, and it was how neurosurgeons are dealing, neurologists, oncologists are dealing with Glioblastomas, very, very aggressive tumors in the brain. | |
These will grow sometimes two times. | |
They will double in size every two weeks. | |
I mean, it's just incredible to see how aggressive they are. | |
And what they did was they used, it's just so interesting, they would use polio. | |
They would introduce the polio virus into the actual mass, into the neoplasm or the tumor itself. | |
And then the body, upon seeing this, would actually turn on the tumor and kill it through its own immune system. | |
But it didn't recognize it because the tumor takes on this coating, almost like this cloak of invisibility. | |
And it is nothing but fascinating. | |
Fascinating as to how this works. | |
Okay. | |
They went through it. | |
They interviewed the neurosurgeon. | |
They interviewed the neurologist. | |
They interviewed the biochemist. | |
They had x-rays. | |
They talked about it. | |
There was no level of complexity. | |
Even Scott Pelley, who always talks like this, he understood it. | |
I thought, isn't this great? | |
But when it comes to legal issues, no. | |
It becomes the most simplistic. | |
The most political, the most angry, the most... | |
I don't know what they're talking about. | |
They're making it sound like it's a bunch of, I don't know, kids. | |
You're mean, and you're, you know, you're mean, and you're prosecuting this man, and you're mean. | |
This isn't fair. | |
Hey, you didn't prosecute him. | |
So what I've done was, I have, of course, this channel, but also, Lionel, Legal, where I go into detail. | |
And then my private channel, I really go into detail. | |
And I call people out because this is so complicated. | |
When you're a neurologist, it doesn't matter what the tumor thinks of the audience or what the audience thinks of the tumor or what. | |
No. | |
But you have a prosecution of a former president. | |
Who is either loathed or hated, depending upon where you are. | |
You have the idea of how political... | |
What's the word? | |
How media act in coordination with the prosecution, with politics, with everything, to assist. | |
Theoretically. | |
I mean, it plays a role, but not really. | |
But I want to explain to you, what is Alvin Bragg, the DA, really looking at? | |
How do you deal with this case, a former president? | |
Nobody ever wants to talk about this, but what about him theoretically facing jail? | |
Could a former? | |
President be put in jail? | |
How does the Secret Service deal with protecting a former president in jail? | |
Now, what you see is a lot of people just saying stuff and it's fake laws. | |
These are fake. | |
Someone writes, so fake charges for breaking fake laws against the most iconic president in history, that's not going to backfire? | |
No, that's not. | |
That's kind of Fox News talk or Breitbart talk. | |
That's not, that's legally, it doesn't mean anything. | |
It doesn't mean anything. | |
See, that's what I want to deliberately... | |
I mean, it's important, but that's not a legal concept. | |
Is it going to backfire? | |
When do charges backfire? | |
What are you talking about? | |
People always say, this is going to backfire. | |
Trump's going to win now. | |
Really? | |
You think being... | |
Who? | |
Elon Musk said this. | |
Elon Musk? | |
Chris Rock? | |
Chris Rock even said... | |
Excuse me, Chris Rock even... | |
What planet am I on now? | |
You mean to tell me that a president being charged and indicted is going to help him? | |
Oh, yes. | |
Oh, yes. | |
Why? | |
How? | |
Well, because he'll be perceived as a martyr. | |
Or guilty. | |
Or problems. | |
What are you talking about? | |
Well, Elon Musk said this. | |
What is with you and Elon Musk? | |
Chris Rock said this. | |
People are actually saying this. | |
They're actually saying. | |
True. | |
That Elon Musk... | |
No! | |
Being charged and indicted doesn't help anyone. | |
He was impeached twice, but that's political. | |
He's not done with this case, though. | |
He's got this case. | |
He's got the... | |
He's got the... | |
Oh, God, the... | |
Stop the steal case in Georgia. | |
He's got the J6 case. | |
He's got the Jack Smith case. | |
He's got the Mar-a-Lago documents case. | |
Is that going to help him too? | |
Is that going to help him too? | |
Oh, yes. | |
Why? | |
Well, because Elon Musk said this. | |
Why are you saying this? | |
I don't know. | |
I just say these things because I'm a part of the scrum. | |
I just move back and forth and I just say stuff. | |
Do you know anything about this indictment business? | |
No. | |
What do I have to know? | |
A lot. | |
Well... | |
So, I'm just... | |
This is why you need me to guide you. | |
You are living in la-la land if you think that, oh, no, no, no. | |
Because Trump is just impenetrable. | |
Trump is just... | |
You don't understand. | |
He's just... | |
He comes off of it like Pegasus, you know, with his golden-winged horse. | |
I don't know where the hell you get this from. | |
You must think it's great the fact that he has made, allegedly, pejorative statements, terrible statements, about one of the witnesses, Ms. Daniels. | |
Do you think that's funny? | |
Would you advise him to make fun of people? | |
There was a certain broadcaster who referred to Alvin Bragg as resembling Al Sharpton during the Tawana Brawley days, meaning he's apparently obese or overweight or fat or whatever. | |
Do you think that's good? | |
Is that your style? | |
Does that help things? | |
Oh, yes! | |
Why? | |
Because I'm in the scrum. | |
I'm in the scrum. | |
I'm in this world of social media. | |
We just mock people. | |
We mock people. | |
Slam, people. | |
We slam them. | |
Really? | |
Oh, yes. | |
Did you see what happened? | |
He slammed him. | |
Well, that means something. | |
He sure does. | |
Did you see yesterday when Jim Jordan invites, sort of, kind of, maybe invites, Alvin Bragg? | |
To Washington? | |
Wait a minute. | |
Wait a minute. | |
You did what? | |
You did what? | |
What are you doing? | |
Well, you invited him? | |
Did you subpoena him? | |
Well, no. | |
I don't know. | |
Tell me. | |
Did you subpoena him? | |
Did you invite him? | |
What if he says no? | |
I declined the invitation. | |
I'm busy. | |
What are you doing? | |
What are you doing to me? | |
What are you doing? | |
Why are you inviting me? | |
I'm in the middle of a prosecution. | |
Excuse me, I'm busy. | |
Well, we just want you to come here and explain to us. | |
Did you have any communication with DOJ? | |
Why is that any of your business? | |
Excuse me? | |
Did you work in concert with, in coordination with the Department of Justice? | |
We always work. | |
Have you ever heard of a task force? | |
Have you ever heard of that before? | |
Of course we work with it. | |
My job is to secure... | |
I'm telling you what Alvin Bragg is going to be saying. | |
Whether he believes it or not, it's up to you to decide. | |
But I work here. | |
We are involved in something very, very serious. | |
And this is something which you have to understand. | |
You must understand something here. | |
This is... | |
A job that I take very seriously. | |
I'm Alvin Bragg. | |
And sometimes the Department of Justice will ask me questions. | |
Sometimes I will confer with my friends in Indiana or Nevada or maybe France or maybe the UK. | |
Yes, I want to make sure I know what I'm doing. | |
There are federal questions to this. | |
What is your point? | |
I can't come to Washington. | |
Are you interrupting my prosecution? | |
Are you... | |
Obstructing or opposing? | |
Is this obstruction of justice? | |
What? | |
I don't have time to come talk to you. | |
You want me to come talk to you? | |
Do I get approval from you? | |
I don't think so. | |
Do you see what I'm talking about? | |
This is the biggest grandstanding of them all. | |
In New York, well this is political. | |
Hello? | |
Yeah? | |
Where have you been? | |
Did Elon Musk tell you that? | |
Did Chris Rock tell you that too? | |
Maybe John Stewart. | |
Maybe that's where you heard it from. | |
Where have you been? | |
I don't understand this. | |
You're asking a prosecutor to stop what he's doing, come to Washington, in the middle of this, to ask forgiveness? | |
This is privilege. | |
I don't have to turn over any information to you. | |
Complete grandstanding. | |
Complete. | |
Typical Jim Jordan. | |
Typical everything. | |
Typical Maxine Waters. | |
Typical Washington. | |
Typical Democrats. | |
Typical everything. | |
We live in a political world. | |
You just figured this thing out? | |
Let me ask you a question. | |
And I did a very, very important, a very important video. | |
To explain to you what you need to do if you're interested in getting this thing dismissed. | |
How do you get this? | |
What do you think you're going to need to do to get Alvin Bragg's attention? | |
What? | |
What do you think it is? | |
What do you think you're going to have to say to get his attention? | |
What? | |
Maybe you can help us out with this. | |
Maybe you can help us out with the language. | |
Maybe you can check with Chris Rock. | |
Maybe he can help you out with that. | |
Maybe Elon Musk can help you fashion, perhaps a motion to dismiss, so that you can craft this best. | |
Because after all, that's important, right? | |
You understand this? | |
This is... | |
So here is a brand new video. | |
And by the way, I hope you have immediately... | |
Tell me you have immediately subscribed to Lionel Illegal, where I spend a lot of time on this. | |
This is it right here. | |
This is the video. | |
Lionel Illegal. | |
So what do you think you're going to, what is it going to take? | |
Well, I was going to ask you a question before. | |
Do you remember when Roger Stone was, when he was visited by Ninja SWAT team members at four in the morning? | |
Remember that? | |
And CNN ostensibly received word ahead of time. | |
It was alleged. | |
Okay. | |
Remember that? | |
Was that illegal? | |
Nope. | |
Was that excessive? | |
Yeah. | |
Maybe. | |
Is it illegal? | |
Nope. | |
Absolutely not. | |
Did Chris Rock say anything? | |
I don't know if Chris Rock said anything, but does it matter? | |
Does the fact that Hillary Clinton was never charged for her missing emails, is that illegal not to charge somebody with something? | |
Can you tell me whether the Biden family, you might suggest, maybe Chris Rock thinks this, has received the same amount of scrutiny that, let's say, the Trump family has? | |
No. | |
You want me to go on? | |
You want me to go on? | |
You want me to explain this to you? | |
Do you want me to tell you that what we're talking about here is a little different? | |
Now, I'm not saying I like this. | |
I'm not saying I stand up for it. | |
I'm not defending it. | |
I'm not doing any of that stuff. | |
What I'm telling you and what is important for you to understand, which is really, really, really critical, is that this is the way this thing goes. | |
Now, what about this one? | |
Yeah, but you are using Michael Cohen. | |
And Michael Cohen is a despicable person. | |
Okay, maybe. | |
And Stormy Daniels, hush money for a porn star. | |
I don't know where this porn star comes from. | |
I don't even know why that's... | |
I don't know what a porn star is. | |
I think everybody's a star today. | |
It's not like Sly and the Family Stone. | |
But in any event... | |
So how can you use these despicable people? | |
Well, they kind of provide the background for this. | |
But the argument was always made that when you were going after the mob, you needed people like Sammy the Bull Gravano, and Vinnie Teresa, and Joe Valacci, and Henry Hill, and it goes on and on and on. | |
And what did the prosecutors always say to the jury? | |
If you want to catch the devil, Are you going to use angels? | |
Are you going to find saints? | |
Who are the people that you have to go to in order to get such or such? | |
This has been tried so many times. | |
Bruce Cutler tried this. | |
And this despicable, the filthy, the stench. | |
Speaking of which, keep an eye on the state or the feds trying to conflict out Trump's lawyer. | |
They're going to take, this is coming up later on, because remember, he hasn't been indicted at all with anything. | |
This is kind of theoretical. | |
Which leads me to believe, and by the way, I just put out a newsletter this morning where I go through a lot of this stuff. | |
Kind of an insider, handicappers, you should subscribe to that. | |
But what's interesting to note is that when When they were talking about these people and these cases, whatever, there was this allegation that Trump's lawyer may have referenced the fact that he might have discussed something with Stormy Daniels in the past. | |
And that would create a conflict of interest. | |
Let's see what happens on that one. | |
And he says, oh, no, no, no, no, I don't, no, I, no, I never, okay, fine. | |
He wants to stay on this because he is the media, the allure to be a media star. | |
Now, most lawyers would run from this case. | |
The people who run to it, that tells you something. | |
Not in a bad way. | |
Everybody's entitled to it, but you must know that everybody is running from this case, except a few who want it, because they like that. | |
I want to be a part of it. | |
Okay. | |
I want to be a part of winners, people who can, you know, I want to have a good case and something that's not going to kill you later on in terms of being blacklisted, which is something that very few lawyers can withstand. | |
Anyway. | |
So what's happening right now is that's that case. | |
Now, here we have justice is an illusion. | |
Why is justice an illusion? | |
Because of this? | |
How representative is this case in the system? | |
Do you know how many cases are processed every single day in this country? | |
How many cases have you tried? | |
How many cases have you been involved? | |
Well, I don't know. | |
I'm just saying it. | |
Really? | |
You want to talk about what? | |
Because you're an expert. | |
You know about the legal system. | |
You know about the education. | |
You're a teacher. | |
You know about teaching kids. | |
Well, when I was a kid, okay. | |
You know, kids today, we do this. | |
And you know about medical doctors. | |
You're an expert on the Constitution. | |
Health. | |
Teaching. | |
You know all about that. | |
You know about family. | |
The destruction of society. | |
You know, transgender puberty block, you know all about that. | |
You know everything. | |
You know everything. | |
You know cases, the system, and just the wealth, the wealth of information that you have. | |
You very rarely hear people say on social media, you know, I don't know anything about it. | |
I haven't been to a courthouse. | |
I don't know how many people are... | |
I don't know how many people are charged with crimes. | |
I don't know. | |
I guess. | |
I don't know. | |
I would imagine maybe a lot. | |
I don't know. | |
But all of a sudden, you're... | |
Now, is there a kind of a disparate, inconsistent level of application? | |
In some cases, you betcha. | |
You betcha. | |
All of a sudden, I remember people would say, Why are they going after the Italian mob, the Italian organized crime? | |
What about the Albanians? | |
What about the Chinese? | |
What about the Russians? | |
What about the Brighton beach crowd? | |
What about the Chinese triads? | |
The Albanians are... | |
Is that fair? | |
What do you mean fair? | |
Why are you going after the Italian mob? | |
This is... | |
The American mafia is dead. | |
I mean, it's... | |
It's just... | |
You just like the names. | |
You're into the Goodfellas business. | |
Is there any truth to that? | |
Yeah. | |
Yeah. | |
What do you do when a prosecutor decides not to charge somebody? | |
What do you do when Alvin Bragg, if you didn't like him? | |
What do you do if he says, I'm going to immediately declassify 50% of all cases? | |
Can he do that? | |
Who can stop him? | |
Kathy Hochul. | |
Who's that? | |
It's the governor of New York. | |
You know who did that before? | |
You know who did that? | |
And we always heard about this, because we always say, what do you do when a prosecutor doesn't charge somebody? | |
What do you do? | |
Who can force his hand? | |
The governor. | |
And you know who did that? | |
Ron DeSantis. | |
Ron DeSantis, in the case of Andrew Warren, who was the state attorney, the DA, for the 13th Judicial Circuit in Hillsborough County, my old stomping ground. | |
He said, I'm not going to bring charges in cases involving abortions and or transgenders. | |
This is what he said. | |
And DeSantis said, oh no you don't, and suspended him. | |
Kicked him off. | |
He said, you're not doing your job. | |
You've got to follow the law. | |
You're not, and he said, well, I didn't, you know, you signed that letter, you said, or whatever, you pledged you would not bring charges and such and such, and these are the laws, and you're basically saying you're not going to do your job, so I'm going to get rid of you and put somebody in who will do your job. | |
That's what DeSantis did. | |
And for no other reason, for no other reason, that's the greatest thing. | |
I've never seen that, ever. | |
We heard about it. | |
It's theoretically possible, but I never heard it. | |
Okay, let me stop right there. | |
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Okay? | |
Okay. | |
Now what else is happening today? | |
I've got to talk to you about how Trump is handling this. | |
This has nothing to do with the legal argument, but to an extent. | |
Do media reactions affect how cases are handled? | |
Yes, they do. | |
Absolutely. | |
Yes, they do. | |
Do media cases, do they affect the speed, the verve, the oomph? | |
Absolutely. | |
If you're a prosecutor and everybody is laughing at you before you even do anything, Even your staunchest of supporters says, well, go ahead, Al, if you can do this. | |
Be my guest. | |
Good luck to you, buddy. | |
That's not what you want to hear. | |
You want to hear this. | |
You know that Murdoch case? | |
Get him! | |
Yeah! | |
That's what you want. | |
Yeah! | |
Serial killers. | |
Yeah! | |
Not... | |
Well, we don't like this guy, but what is this again? | |
Now, if you said January 6th, oh, people would go crazy. | |
Oh, oh, January 6th. | |
Oh, wait a minute. | |
This was, and it was perceived as an attack against democracy. | |
See, that's a different story. | |
People would say, yeah, but this is falsified business. | |
What is this again? | |
He falsified business records and what exactly did he do? | |
Well, he falsified the business. | |
Uh-huh. | |
And what about it? | |
Well, he then, well, that was a misdemeanor. | |
That, you know, lapsed. | |
So instead, he might have, in order to prove a felony, we're going to show that he did this. | |
That he basically paid off Stormy Daniels. | |
Through Cohen, who paid over $130K, which is nothing, and then Trump reimbursed Cohen, may have referred to this as legal fees. | |
And the reason why this is a felony is not because it was mistaken, because that's a misdemeanor, and that statute of limitations is already run, but this... | |
If you can show that this was done to enjoy a benefit, a benefit, a benefit, a political benefit, this might have been construed as a campaign contribution. | |
You see where I'm going with this? | |
And the jury's going to be like, uh-huh. | |
And they might say, listen, we're from Manhattan, and 80% of us voted against Trump, and we may not like this guy, but we don't know what you're talking about. | |
Does this have anything to do with January 6th? | |
No. | |
This is about business records? | |
That's it? | |
Does this have anything to do with the Mar-a-Lago documents? | |
No! | |
Stop the steal? | |
No! | |
The E. Jean Carroll? | |
No! | |
This is about this one? | |
Now, if this survives, remember, the motion to dismiss with the affirmative defense of statute of limitations, good for you. | |
But this is where the jury's, this is what Alvin Bragg's got. | |
This case, it doesn't, there's no meat. | |
It doesn't grab your attention. | |
Now, I don't know if you could do this in an opening statement. | |
It'd be fun to see if you could. | |
Now, ladies and gentlemen, this may be, and we've asked the judge, the good judge here, to instruct you as follows that hush money may sound bad, but it is not in any way against the law. | |
In fact, the president who taught us how to pay off hush money for allegations of sexual infidelity is Bill Clinton! | |
Objection! | |
I'm sorry. | |
I'm so sorry. | |
Please. | |
Mistrial. | |
You want a mistrial on that one? | |
You want to do this again? | |
Well, maybe not. | |
What did Bill Clinton do? | |
What do you call that? | |
You've heard about the John Edwards case? | |
Remember that one? | |
John Edwards? | |
They paid off somebody? | |
Well, that actually benefits his campaign because he hid from his wife the what? | |
Wait a minute, what? | |
Well, that was an in-kind contribution because he wanted to keep from his wife that he had an affair, which is wrong now. | |
But a lot of things benefit. | |
And the argument's been made, well, if that is a legitimate, if you will, election contribution, then let me... | |
Buy fancy clothes and a fancy car because that will boost my image and therefore help me in the long run with the election and I'll declare it. | |
And they would say, no, no, no, no, excuse me, you said that things that benefit my image and protect bad things from coming out, right? | |
Well... | |
But this is a campaign deduction. | |
Well, let me deduct this. | |
It's the worst. | |
Now, that's not enough to scare Alvin Bragg away. | |
Because if Alvin Bragg gets a conviction, if we say, we're live right now at the courthouse, and already downtown, oh, they're building up fences. | |
Nancy Pelosi, they say, may be in town to see. | |
I don't know, you don't have to see. | |
It's going to be a very, very They're not going to do a perp walk because you've got Secret Service conditions. | |
I still want to ask, how could a president ever go to jail? | |
When Secret Service, does somebody have to be in the cell with him? | |
I mean, general population? | |
Wait, wait, wait. | |
We haven't gotten to that. | |
That's one of the reasons why the whole notion of a president going to jail is ridiculous. | |
But anyway. | |
Anyway. | |
Spiro Agnew didn't go to jail. | |
But you see? | |
Now this is what I'm going to go back to again. | |
If I sat down with Alvin Bragg, I would not be saying, Mr. Bragg, you're a Soros. | |
Would you quit bringing up Soros? | |
Does Soros not have the ability to what? | |
He can't contribute? | |
If the Heritage Foundation or the Mises Foundation or the Mont Pelerin Society or Greenpeace or whatever, you mean to tell me that they can't donate to organizations to encourage, to promote progressive judges? | |
That's not against the law. | |
You might not like it. | |
You may think a progressive prosecutor, excuse me, is wrong. | |
You're entitled to that. | |
But there's nothing wrong with that. | |
So why do you keep up bringing Soros? | |
Most people don't know who the hell Soros is. | |
So what? | |
You don't like it? | |
Okay. | |
Well, he's in. | |
And everybody, like, especially on some of these conservative shows, say, oh, and he says Soros. | |
Ooh. | |
You said the S word. | |
Soros. | |
Ooh. | |
And most people... | |
See, who is this man? | |
Am I supposed to know who this guy is? | |
It's George Soros. | |
What about him? | |
He gave a guy a million dollars. | |
Uh-huh. | |
What about him? | |
Well, you know. | |
And by the way, the fellow in Florida, Andrew Warren, was a Soros guy. | |
Oh! | |
And the conservative faction think that this means something. | |
I know what it means, and I know what you're talking about. | |
But that's not enough for anything. | |
Fuck it. | |
Maybe you should check with Chris Rock, see if Chris Rock agrees with that. | |
Maybe Elon Musk will agree. | |
That's not what... | |
If I sat down with Alvin Braggs and Alvin, or Mr. Bragg, this is going to expose your connection with Soros. | |
You have downgraded a number, a number, Of cases. | |
Uh-huh. | |
That's me, all right. | |
Yep, I did that. | |
And restorative justice, remember I'm telling you, restorative justice, we don't have time for this, but look into that one. | |
Something tells me you might not be too crazy about that, but that's for other people to talk. | |
So, Alvin Bragg was saying, excuse me, I don't have any, I don't have a lot of time. | |
What is it you wanted to talk to me about? | |
This is what gets, Mr. Bragg, you're going to lose your case. | |
Okay, what was that? | |
You're going to lose. | |
And if you lose, this is not good. | |
Because if you win, this would be an apotheosis, a beatification, a canonization, an elevation, the likes of which nobody's ever even seen before. | |
You can write your ticket. | |
A.G., think Merrick Garland, A.G., federal, maybe a judiciary, lifetime tenure, what do you say for that? | |
Ah, not bad, huh? | |
Maybe SCOTUS? | |
You think that's out of the offering? | |
I don't think so. | |
Supreme Court? | |
You name it. | |
Maybe one day you'll be like, oh, who was it? | |
What was his name? | |
Some white shoe law firm? | |
Oh, God, you'll make a fortune. | |
But, here's the but. | |
If you lose this, They will forget you so fast. | |
Can you say Alberto Gonzalez? | |
Remember him? | |
Oh yeah, that guy. | |
Right. | |
What happened to him? | |
Remember that? | |
That's right. | |
They will say, oh well, and then it's on to the next case. | |
And you'll be, but I was the first one, and you lost. | |
Yeah, but you gave me this dog of a case. | |
You lost. | |
Next, let's go to Jackson and see if you can do it. | |
Let's see if our DA and Georgia can do something with a stop to steal. | |
Let's see if we can work on the Mar-a-Lago document case. | |
Let's see if they're Morris's, because you lost this. | |
But it was a dog. | |
Don't look at me. | |
You brought it. | |
You made me. | |
I didn't make you do anything. | |
Oh, oh, oh, Alvin Bragg for the... | |
Now, will this affect him in New York? | |
Probably not. | |
It may embolden him politically, but that's not something that prosecutors want. | |
So therefore, when you do talk to him, when you do talk about the case, don't talk about his weight. | |
Don't talk about what people look like. | |
Talk about the fact that you're going to lose this case. | |
Number one, the statute of limitations. | |
Remember, Trump's not been indicted yet, so we're assuming he's going to be charged with this. | |
The statute of limitations has run in the misdemeanor. | |
It may have already run on the felony, and if you do charge a felony, hoping to resuscitate this case, you're going to have one hell of a time explaining, so therefore, because he paid the money, which is legal, that elevated to a felony, because this was a crime, because it was actually benefiting, and that jury's going to look at him like, what are you talking about? | |
I don't know, you lost me. | |
That's it? | |
That's it. | |
That's it? | |
That's it. | |
Now, I don't know about you, but the way the president is handling this is not necessarily what I would recommend. | |
He has this thing, and let me, I'm going to throw something at you, and I want you to think about this. | |
This might, trying to get into the psyche, if you will, of the president, which has a lot. | |
President Trump, which has a lot to do with things. | |
Trump has been litigious since... | |
Litigious, Letitia? | |
Interesting. | |
Anyway, he has been litigious his whole life. | |
Roy Cohn told him, you go out there and you get him and you just, you know, sue him. | |
Roy Cohn was more politically connected than anything else. | |
So maybe Trump thinks like, I've been in... | |
Lawsuits my whole life. | |
Doesn't mean anything. | |
This is a little different. | |
Because this is a criminal charge. | |
The January 6th business is a criminal charge, theoretically. | |
And I'm not sure what they're going to do with that one. | |
Seditious conspiracy is still, I'm telling you, read the statutes. | |
Very open-ended. | |
The E. Jean Carroll case, that's federal court, but that's civil. | |
That's a sexual battery case, sexual assault. | |
That's civil. | |
They stopped the steal in Georgia. | |
I don't know if that was... | |
That could very... | |
That obviously is criminal. | |
There's some type of criminal. | |
So he's got some serious exposure. | |
I don't know if he realizes this is a... | |
This is not a good idea to... | |
You want to act anything. | |
You want to act like, leave me alone. | |
What am I trying to do? | |
You want people to feel sorry for you. | |
And that helps a lot, believe it or not. | |
It doesn't get cases dismissed. | |
But you're going to alienate a lot of women voters, which you've always had a problem with. | |
I'm sorry. | |
If you make fun of people's looks, as has been reported. | |
So let's hope that was a mistake. | |
Stop that immediately. | |
Talk about the facts of the case. | |
Talk about what this country is trying to do. | |
Talk about equal justice under the law. | |
Talk about due process. | |
Talk about China, Russia. | |
Talk about anything. | |
Talk and speak like you would if you were a former president. | |
Which you were. | |
Okay? | |
Now, if you want to go watch cable news, they'll talk about how unfair this is. | |
It's unfair. | |
Okay. | |
That doesn't mean... | |
I don't know what that means. | |
Unfair? | |
Every defendant has always said, this is unfair. | |
Seriously, me? | |
Anybody ever pulled over for speeding and said, you're stopping me? | |
You're stopping me? | |
Look at these people. | |
They're speeding by now. | |
You stopped me? | |
This is crazy. | |
Do you have nothing better to do? | |
Is that what... | |
People have thought this. | |
Why are you charging me? | |
People have... | |
Always alleged maybe it was racial or class distinction, maybe where I live. | |
No defendant ever said, now that's a prosecution. | |
Thank you. | |
This is fair. | |
You targeted me correctly. | |
I violated the law. | |
And this is the way to do it. | |
It's never happened. | |
Never will. | |
And this conservative, whatever, this Republican news coverage is so... | |
It's so unimaginative. | |
You need a new writer. | |
We've heard this before. | |
Let's talk about the specifics. | |
Get more of an actual legal. | |
The same way you would handle, for example, you know when people talk about climate change, they talk to climatologists, they talk to scientists. | |
Whether you agree with it or not, it's up to you, but they don't get somebody who says, hey, you're stupid. | |
Okay, maybe. | |
Whenever they talk about medical, whenever they talk about COVID, whenever they talk about vaccines and masks and boosters, they get doctors on. | |
You get professionals. | |
They don't get people who say, I think this is stupid. | |
But when it comes to legal matters, this isn't fair. | |
Who are you? | |
I'm Chris Rock. | |
Well, that's good, Chris. | |
Anything else you want to weigh in on? | |
Legal? | |
Well, I watch TV. | |
Okay. | |
I know about the Constitution. | |
You do? | |
Yeah, I think. | |
People have always had this idea that they can just say whatever they want. | |
And there's nothing that is against the... | |
I'm telling you, there's nothing illegal with what Alvin Bragg, we think, is planning on doing. | |
There is a statute that he is applying. | |
They will at least, they will run it by a judge at first. | |
Is there a prima facie case? | |
Yes. | |
Is there a probable cause for this? | |
Yes. | |
Does this kind of make sense to you? | |
Well, theoretically, yeah. | |
We used to have a thing called a C4 motion to dismiss. | |
3.190 C4 motion. | |
It's like a summary judgment. | |
And basically you say, assume the facts and evidence, assume the facts are you as such. | |
Is this enough? | |
Could this bring a conviction? | |
Yeah. | |
Okay. | |
Okay. | |
Certain things might be, for example, you bring this charge, but President Trump, let's say, assume somebody said President Trump, was not in Manhattan, was not in New York, where this occurred. | |
You say in your bill of particulars, in this, the basis for you... | |
Being granted jurisdiction is the fact that this occurred in New York. | |
Well, let's say he wasn't in New York. | |
He was in Florida. | |
You don't have jurisdiction to bring this. | |
That would be a good one. | |
That's a good one. | |
That's not the case here. | |
Are you charging the right statute? | |
Yes. | |
Is this statute valid? | |
Yes. | |
Has there been any research on this? | |
Yes. | |
Have you done any independent? | |
Yes. | |
Are there law review articles? | |
Yes. | |
Maybe that's why you were talking to... | |
To some of the DOJ people. | |
Maybe they put you into election people. | |
Who knows? | |
Maybe there's something to this. | |
But is this illegal? | |
No! | |
It's not illegal. | |
It's not like they're going to arrest. | |
Like, what are you talking about? | |
You're making this up, Alvin? | |
Come on! | |
Discretion, different story. | |
So that's where it is right now. | |
Now, you can pretend all you want. | |
You can pretend that this is, that you could just sit there and say, it's unfair. | |
Okay, it's unfair. | |
All right, good. | |
That's not going to work. | |
That's not going to work. | |
Many times we've always said, when people get ill, it's like, why her? | |
Why this child? | |
Why this woman? | |
Why this is so unfair? | |
You know, that kind of thing? | |
I understand it. | |
But this, this is the weakest. | |
And what does this do for the rest of the series? | |
Will this take a lot of the wind out of the sails? | |
Perhaps. | |
Could this act in a strange way as almost an analog of limited hangout? | |
Perhaps. | |
That's more strategic. | |
That's more political. | |
That's more... | |
But legally speaking, we'll see what happens. | |
So, I'm going to leave you with this. | |
There ain't no indictment yet. | |
And everybody seems to know, well, it's going to be this, and they're putting up fences, so it's going to happen. | |
But they're talking to witnesses at the last minute to say, wait a minute, what? | |
At the last minute? | |
Who are you talking to? | |
What are you talking to? | |
You should have this thing locked up. | |
We got it locked up. | |
We don't need to talk to anybody. | |
We're not leaving anything out. | |
And that's, by the way, so that the prosecutor can say, hey, don't look at me. | |
I gave it to the... | |
The grand jury did this. | |
Don't forget the great Saul Walkler said that a prosecutor he said, how was this again? | |
A prosecutor under the right circumstances can get a jury, a grand jury, to indict a ham sandwich. | |
And it's absolutely true. | |
Maybe a pastrami, but it's absolutely true. | |
So my friends, follow me now. | |
Go and subscribe at Lionel Legal. | |
Lionel Legal. | |
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It's like looking at a watch that's moving and saying, today we're going to talk about the mains now, or the winding, and then we're going to talk about the spring, and then tomorrow we're going to talk about, All of it called the watch. | |
Well, this watch is beautiful. | |
And there ain't no intelligent design, some might argue. | |
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Alright? | |
We'll see you tomorrow. | |
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Thanks so much for being a part of this. | |
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