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Sept. 6, 2024 - Lionel Nation

22:13

INCARCERATION? Soldiers Posted in NYC ahead of TRUMP Sentencing

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	President Trump's legal team is trying to delay his sentencing for the hush money trial from New York, but in New York, authorities are already preparing for a possible Trump imprisonment, as in, he would go to jail in the coming days.
	In the heat of the election, sentencing is supposed to happen on September 18th, but Trump's legal team is asking for a delay from the 2nd U.S. Circuit Court of Appeals when a U.S. District Judge already rejected this on Tuesday.
	So we invited legal analyst Lionel from the Lionel Nation YouTube channel.
	He's a former prosecutor who can help us break this down.
	Lionel, it's always a pleasure to have you with us.
	Trump in prison before the election?
	How could this happen?
	No, you're saying no.
	He will never see a jail cell ever.
	But let's go through this and pretend that he's not President Trump.
	Okay.
	September the 16th, there is going to be a motion in which Judge Mershon, who is the state, remember the state, New York State court judge, and the, as you say, hush money.
	It's not hush money.
	Nobody can even explain what this is.
	And I'm not exaggerating.
	I really can't tell you what exactly he was found guilty of in terms of 34 counts.
	You've been on this show many times and said this is the thinnest legal case that he's facing, but the most imminent.
	We've been over this, so I want to refer our viewers to your analysis of this in the previous months.
	Right.
	Well, it is a case, not to belabor the point, but it is a case.
	Where, first of all, hush money is an NDA.
	If you've ever been in, and most people who have been in media will tell you they've signed a non-disclosure agreement.
	Non-disparagement.
	We'll pay you.
	Leave.
	Don't say anything bad about us.
	We won't say anything bad about you.
	That's an NDA.
	It happens all the time.
	There's nothing illegal or improper about asking somebody not to say something.
	There are reasons why, for example, you might, when you are for office, you might want to take care of some things.
	For example, let's say there's a divorce or child support pending.
	And you think to yourself, you know, it might be a good idea for me to kind of square that away before I run for office.
	Okay, I'll pay my ex or we'll do something to facilitate that.
	It's not all the time.
	If I do anything to improve my standing, my appearance, up to and including surgery.
	So anyway, there's nothing wrong with that.
	They're alleging that what he did was he mislabeled a payment that was actually not really a legal payment to Stormy Daniels, but was actually something that benefited his campaign.
	All to somehow subvert or defraud the voters based upon federal, a federal law which a state court does not have any jurisdiction to do.
	Normally this would have been a misdemeanor.
	It becomes a felony when you do it to conceal another crime.
	That other crime was a federal crime which Alvin Bragg, the DA, Has no jurisdiction over.
	And if that makes any sense to you, congratulations, you're the one.
	So, in any event, he's been found guilty of 34. Now, September the 16th, there was going to be just a motion, which, by the way, Alvin Bragg, the DA, has said, I don't mind if you postpone this.
	He's kind of signaling, look, judge, you do whatever you want.
	We're really in no hurry here, which is kind of odd.
	Most assuredly, Judge Juan Mershon is himself going to say, forget it, let's proceed.
	I want to be the judge that found him guilty, that convicted him, and if I sentence him to an hour of prison or jail, if it's less than a year, I realize that's going to be postponed and stayed by virtue of appeals, immediate.
	So he will never see any jail cell, at least until after the election.
	But he wants to be, people believe, he wants to be the judge who said, I did it.
	And to give Kamala Harris the ability to say, he is a convicted felon, prison bound.
	And they, of course, can extrapolate all of that.
	He is not going to see.
	That's never going to happen.
	Because it can't.
	By virtue of the fact that he's a president, there's Secret Service, and no first-time offender ever would be looking at any significant time, especially a first-time offender, not a violent offense.
	So that's a waste of time.
	But let's make it even more complicated.
	You've got state court.
	You've got federal.
	You've got the Supreme Court.
	You've got the...
	He just tried to file an appeal.
	To a federal district court to see if they would, if he could remove the case to federal, they said, no, you're not going to do that.
	That's subject to appeal now to the Second Circuit Court of Appeals.
	Then you also have the notion of immunity.
	The immunity case really is interesting because you have to go through each, this really gums up the works, you have to go through each particular instance of alleged wrongdoing and ask yourself, did he Or did he not do any of this within the confines of the presidency?
	Did he confer with his staff?
	Did he confer with the Department of Justice?
	That could take forever just to go through that here, not to mention his other cases in federal court.
	So that's going to gum up the works.
	Then you have appeals maybe within those intermediary steps.
	Let's say, for example, on the 16th, Judge Mershon, which we believe, will deny his motion to dismiss, or whatever it is, based upon whatever the reason.
	Now, does President Trump have the right to appeal that?
	Yes.
	State court?
	Federal court?
	Court of appeals?
	I don't know.
	You know, people are saying, oh, the New York, it's very odd, the New York Court of Appeals is the New York Supreme Court, for state court.
	The trial court is called the Supreme Court.
	Just to make this as complicated as you possibly can.
	If anybody thinks, if anybody has any feeling of being comfortable with the New York Court of Appeals, look what they did recently in the Harvey Weinstein case, which I think was just horrid.
	So, to wrap it all up and to perorate, he's not going to go to any kind of jail.
	He very well could be, on the 18th, sentenced to jail, which would immediately be stayed pending an appeal.
	That's almost guaranteed.
	Okay, but there's several things here that we have been over many times.
	One is that you said that he was, and this is what is in the court filings, is that they...
	Claim that he used money to conceal a crime, but they never told him what the crime would be throughout the trial.
	So his lawyers can argue a very serious Sixth Amendment violation because you have the right to know what you are being tried for.
	So he continues to run this up the flagpole that we should want every American to have access to.
	And they continue to sort of say, no, we can do this to you.
	It's just our right to do this to you.
	So you mentioned, you started a thought, and I interrupted you, that if this were anyone else but Trump, it may go this way.
	Well, we saw Hillary Clinton use campaign money for the Steele dossier and funnel it through legal.
	So, okay, let's play this out.
	If this were Hillary Clinton, what would be happening?
	She wouldn't be here, first of all.
	It would be deferred.
	She's not here, first of all.
	She should be if Trump is.
	Well, yes, she should.
	If somebody were to have charged her with that, or if somebody were to have found that to be problematic.
	It's just like with Hunter Biden.
	Just like with him.
	Why is this?
	I can't imagine why he's not under the prison.
	There are multiple layers of justice, I'm sorry to tell you.
	I'll go back a step further.
	I will never understand how during the course of all of that investigation, when the FISA court would actually base warrants on articles written and stories concocted by the memoirs and the like.
	I mean, that's another story.
	That's another story.
	Again, if it's Trump, it's completely different.
	Let's assume this were you.
	I would go into, first of all, it would never be charged.
	It would never be charged.
	They would say, if Alvin Bragg would say, do you have any idea of how many cases I've got in New York?
	I do not have unlimited resources.
	I do not have unlimited assistant district attorneys.
	I really have some very, very serious stuff right now.
	This is bookkeeping at best.
	Look, Let's do a couple of things here.
	Let's do a deferred prosecution.
	You tell Natalie, you promise to be good, and we'll just drop this, or I'll plead to a misdemeanor.
	In fact, I would have suggested that Trump would have reasonably said, okay, I'll plead to a misdemeanor.
	I mean, it's kind of a pro forma thing.
	Or during the Chris Christie years, perhaps a large fine, and you go on your way.
	Right, exactly.
	This is one of the things which is...
	The most problematic, and let's be really corny here, equal justice under the law.
	Equal justice, equal, equal treatment, equal.
	What we are seeing here is unbelievable.
	I mean, think about this one.
	Now, of the cases so far, most of them have pretty much been sidelined.
	The Mar-a-Lago case, Jack Smith, who is relentless.
	Who files a superseding indictment to clarify the immunity cases in something where they're actually trying to suggest that President Trump was somehow responsible for January 6th or something.
	That one I don't think we'll ever see the day because nobody really understands it.
	It's just too tenuous.
	The case that would have really been something would have been, believe it or not, the documents case, because that's pretty cut and dry.
	That's really cut and dry.
	Do you have that?
	Did you not have that?
	That's gone bye-bye as well.
	And let me throw this in as well, because this is also another one, which we forget about.
	The Georgia racketeering case.
	That's exceedingly serious.
	That thing's also gone bye-bye for a variety of reasons as well.
	What this man has been through, whether you like President Trump or not, It's just ungodly.
	If this was a poor, uneducated, black defendant, people would be marching.
	They would say, you can't do this.
	You cannot exact this amount of juridical...
	Punishment against someone.
	What is it that you want?
	Now, believe it or not, I know you might laugh at this, a lot of people who are prosecutors say, I don't want to make it look too obvious.
	Even during the case of John Gotti and others, they have to sort of be able to pass the sniff test.
	And especially Judge Mershon, who I would think would probably say, you know, if I want to go on to be maybe a federal judge or maybe a state I've got to maintain my judicial integrity, and I'm not suggesting that what he's doing has violated that.
	But this absolute, overzealous attack, and let me also tell you, Natalie, and I'm not exaggerating the point, if you ask anybody to really sit down and explain, not what Mershon says or what Alvin Bragg says, but explain to a layman what Trump actually did and what...
	Crime he was hiding and how a state prosecutor can use a federal crime.
	It would be like you in the state of New York charging somebody for violating a Georgia law.
	They would say you can't do that.
	Same thing goes for federal.
	So as you can see, I think I've just complicated this even more, he's not going to step foot in any prison ever.
	Let me also throw in something.
	There are some contempt charges out there that, believe it or not, may carry more weight than anything else.
	It was suggested to me by someone in the know that something that might not be too far-fetched, him being sentenced, believe it or not, to contempt, and that can take the form of actually showing up to a courthouse.
	Checking in for eight hours, two days, and leaving.
	Something that seems almost like staying after school, but in view of his particular security considerations, that might be something that's in the office.
	Don't be surprised.
	But the Democrats must say that he is a convicted felon and that he was at least sentenced to prison, even though he may not physically actually ever see a prison itself.
	Okay.
	So something that you had said...
	Your expression says it all.
	Well, yes, because here's...
	Hear me out on this.
	Something you had said when we spoke about this before was you can't unring that bell.
	So they can put this stink on him and it cannot come off for certain voter populations, which would lead to irreparable harm to the election.
	What I'm struggling with is who could be punished for that so that it doesn't happen again?
	Certainly, if Trump were to take office, he can't circle back around and make sure that those people are punished because that would be wrong too.
	So it seems to me that there are certain people in power who will get away with selective prosecution and I'm mad about it.
	Well, let me do it this way.
	If I represented them, I would say they've done nothing that is illegal.
	It might be improper.
	It might be politically ill-advised.
	But every charge they filed...
	Satisfied motions to dismiss, appellate review, many, many courts looked at it and they said, there's nothing wrong with this.
	Even though nobody might have been ever charged with this, at this level, prosecutions are always discretionary, depending upon who you are, and there always are political considerations as well.
	Your point is well taken, though.
	The average citizen says, if President Trump was treated worse than anyone else, If anybody is treated worse than anyone else, what repercussions do they have?
	What form of review do they have?
	How does one unring the bell?
	How does somebody disabuse themselves of this unfairness?
	And I will tell you, stand in line.
	There are people throughout history where you are going to ask yourself, why in the name of God?
	We could spend forever doing this.
	But here is the thing.
	Now, from a political point of view, as you and I know, Trump lives in a different inertial world.
	He's in a different universe.
	His up is down.
	His gravity doesn't work.
	Every time he gets arrested, remember when they said, you know, They can't take a mugshot of him.
	He's a former president.
	Well, the mugshot became his...
	He loved it.
	It was his red badge of courage.
	Every time he was arrested or convicted of something, his poll numbers went up, his fundraising went up.
	It doesn't make any sense.
	None of it makes any sense.
	Any of this.
	So his counter to that is because he lives in this unique world, what would be normally just...
	Deleterious to you and me.
	To him, somehow, I hate to be Nietzsche-esque, but makes him stronger.
	Makes him more popular.
	Okay.
	I mean, I understand that that is the phenomenon, but it doesn't make me feel better about the abuse of the law.
	Oh, it shouldn't.
	Okay.
	So that's where we're going to have to leave it, and it just leaves me with a bile.
	I don't know.
	Alright, well, I understand what you're saying, and I don't like it, but I like your analysis anyway, and you're the only person I want to talk to about it.
	Let me leave you with one thing just to show you.
	It goes back to the whole notion of equal justice under the law, the idea that we're supposed to be treated.
	Imagine, going back to Hunter Biden, imagine if that had been Donald Trump Jr.
	Everything that Hunter did, everything he did, cocaine in the White House, whether that was his or not.
	Donald Trump Jr. would have been in Leavenworth.
	It would have been the worst thing.
	When you see people treated differently because of who they are, because of their race, because of where they live, because of their money, that's the part that is in essence what this is.
	Treat Donald Trump the way you would treat anybody else.
	In the last hour, the breaking news is that Hunter Biden is actually going to plea now, and he's going to change his non-guilty plea to a plea because he no longer has the protection of whoever the heck is in power right now.
	But he also, remember, he theoretically, if, it's hard for me to say this, if Kamala Harris were to be elected, she could always pardon him later on.
	We always knew it was going to be a plea.
	There was no defense.
	He had no defense.
	They were going to run this out as far as possible.
	And thank God for that one particular judge who noticed what they were doing, because they were doing this omnibus plea that would have taken care of everything.
	She said, oh, no, no, no, no, no, wait, wait.
	Bless her heart, as we say in the South.
	This is so incredibly unfair.
	Every bit of it.
	And that is something that I find to be, as you say, so...
	Awful.
	Look, if Trump did something wrong, fine.
	That's okay.
	You know, treat him, but be fair.
	Be able to at least explain it.
	But yet, there are people, as you know, Natalie, who hate him either because of TDS or whatever, the affliction.
	They hate him so much that even if you were to execute him, they would want him to be exhumed, brought back to life, and executed again.
	There is no amount of punishment.
	Or a pain exacted upon him that some people are satisfied with.
	They are just, I've never seen it.
	For every bit of love, for this inordinate amount of love, there is also this concomitant inordinate hatred that maybe counterbalances it.
	I hope we never see this again.
	Yeah.
	It's upsetting.
	Okay.
	Well, thank you for your analysis.
	I want to tell our viewers to follow Lionel Nation on YouTube for more of this, because at least it makes sense of whether the law is being used or not used.
	So thank you.
	It's always a pleasure to talk to you, Lionel.

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