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Sept. 20, 2023 - Rudy Giuliani
01:04:59
America's Mayor Live (E238): Super Lawyer Joseph McBride on Representing January 6th Defendants
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Good evening, this is Rudy Giuliani, and this is, as you know, I hope you know, America's Mayor Live, and you see this gentleman to my right?
This gentleman... This man is a hero.
And I'm gonna tell you something, there ain't too many of them.
He's a lawyer.
He's actually a lawyer who represents some very unpopular people.
And, uh, I don't want to, I don't want to, uh, uh, cause any more problems for him than he already has, but I'm not even going to ask us.
I know instinctively what he's going through.
I know the pressure that's been put on him, the threats that have been made and the whole, because unfortunately I lost, I lost people.
Meaning, uh, people that were working with me had to leave because their law firms were going to fire them and nobody would talk to them again.
And they started suing them.
We're living in a very strange time, and I don't think anyone knows it better than Mr. McBride.
I think he probably is right at the core of it because it's not the only thing that he does, but he represents a number of what I guess we would call the January 6th defendants, which is kind of unfair because the cases, I'm sure, are all very different.
Indeed.
And some of them probably involve some degree of wrongdoing.
The kind of wrongdoing that the DA in New York would probably overlook.
Some don't involve any at all.
And then when you see the replay of some of these tapes that were described one way, I probably have not seen as many as he has, but we've probably seen about half a dozen.
They're completely different than the way they were described.
So I'm going to ask him if he can kind of give us Gosh, these people have been, some of these people are sitting in jail like for two, is it two years?
Going on three.
No!
This is without being convicted yet.
In other words, they're still, according to our law, if that is still the law, they're presumed innocent.
Much.
There's a bunch of people in there who have not been convicted.
There are other people who haven't been sentenced.
They don't know what's going to delay blue trial, but they don't know how much time they're going to get.
They're just sitting in there for an indeterminate amount of time and everything in between.
The law does not seem to apply to them.
Now, when you when you or your colleagues have taken the cases up to the appellate to the Court of Appeals, what happens?
Not much.
There's been a few minor rulings that have helped along the way, but nothing that applies across the board, Mr. Mayor.
As you know, the appellate level, the standard of scrutiny there is much different than it is at the trial level.
And for them to say that there was clear and reversible error to the extent that it would have prejudiced the outcome of the case doesn't normally happen.
So we're not getting the successes we need.
And quite frankly, the vast majority of these men do not have the financial resources to get to the appellate division, or the appellate level.
So when they do, they have a lawyer who's assigned, that's likely a communist public defender from Washington D.C., who has no interest in actually seeing them succeed, and they don't have a shot in hell.
You know, I'm almost speechless because this is something that I would have never thought could possibly happen in the United States.
The pre-trial detention part, just being part of it, I mean, the whole thing.
And we're talking about, in most cases, not any kind of serious physical violence, correct?
That is correct.
That is correct.
Mr. Mayor, it's important to recognize the fact that January 6th did not happen in a vacuum.
Everybody who went there that day lived in the United States for the preceding two years during the Summer of Love and the George Floyd protests, the BLM riots, the Antifa riots, where Precincts were burned to the ground, cities were lit on fire.
And the understanding was, because those people got a slap on the wrist, that the scope of what is acceptable political violence or political protest in this country, that the scope had expanded.
It didn't contract.
I think there's a recognition in the court system that when someone exits the home that day to participate in political protests, that that intent is not criminal.
While things may happen at protests, people generally are able to track back to the moment they left and say, hey, I left for a constitutional reason.
That standard has not been applied in the case of January Sixers.
The standard of pretrial detention that was applied And is applied to Guantanamo detainees.
It's what it's what's been applied to January 6th.
So the theory is that they're terrorists indeed 100% but there was if you correct me now if I'm wrong because you know, there's much better light as far as I can remember not a single one of them was found with a gun.
No, none of these guys have been found.
I think there was maybe one gun that showed up that day that might have belonged to a police officer guys did not go to the general generally.
These people didn't, if they were, I call this the only insurrection without anybody bringing a gun.
How did you expect to achieve an insurrection if you didn't have weapons?
That's a very valid and crucial point.
You're talking about the American citizenry.
So when you look at gun owners in this country, it's the biggest, largest, freestanding army in the world, right?
If you look at it that way.
A lot of the people who went there that day were responsible gun owners because they left them at home.
That's a very good point.
In other words, this is not that, well, they didn't have guns because they're not gun owners.
They made the deliberate decision That's right.
take their gun with them. They did. They research kind of shows that they were
trying to be restrained and they were trying to make sure there wouldn't be
any kind of excessive violence. That that's right. All my clients who went
there researched the law, found out what was permissible to carry in D. C.
Whether it was a pole, a flagpole, a bass spray, a stun gun, whatever it was.
You look at that in retrospect, you say, hmm, a stun gun.
Why did so many people show up to that protest with stun guns?
They took them for self-defensive measures.
Number one, because they researched the issues and they knew that they were legal in D.C.
And number two, Trump supporters had been getting knocked out all over the place at protests and brutally beaten.
Some of them shot for the preceding two years.
So they wanted to have a reasonable means to protect themselves.
And there's been no evidence uncovered and certainly not presented in court and then from the leaking of any plan, any overall plan to take over the government or accomplish an insurrection?
No.
Hell no.
Yeah.
So what's the typical case?
Give me the worst case.
Maybe not just your own, but of the cases.
What's the worst case presented from the point of view of the government?
What's the worst kind of physical damage or?
So there are two worst-case scenarios, and if you have them both combined against you, then you're really in hot water.
Worst-case scenario one is that you use the violence of some sort.
Now, we have to backtrack.
It's very important for the public to know that there are self-defense justifications for violence.
Think about Kyle Rittenhouse.
Kyle Rittenhouse used self-defense to the extent where two people were dropped and he died in the street.
He was acquitted by a jury because he was justified in his ability to use that weapon.
So you have mailmen, firemen, construction workers, doctors, lawyers, nurses.
They went to the Capitol on January 6th.
These are not criminals.
No criminal history of any kind.
They're there, and they see abject violence.
They see a Tiananmen Square-style crackdown on protesters, many of which were older senior citizens and women who were getting the crack kicked at them by cops, so they stepped in.
In most cases, you'll see, hey, officer, don't do that.
Hey, officer, don't hit that woman.
And then a good man cannot go home and put his head down on his pillow at night Knowing that he let a woman get beat half to death.
And two women did die that day.
So good men took action.
We cover this up.
This is completely covered up.
Maybe 10% of the people know, aside from Ashley Babbitt, that there were other people.
Roseanne Boylan was stomped to death.
Yeah, we played film of that the other day.
I'd have to guess that 90% of our audience had never seen that before.
No, they haven't.
And we've been putting it out.
We'll put the links back up, you know, we'll associate it with your podcast.
We'll put it on Twitter because they're there.
They've been out since 2021.
And the other, the other thing is, if somebody went there and had the gall, had the audacity to give a political speech, then you're definitely in trouble.
In those cases, the government treats you just as harshly as somebody who had a physical conflict with the cops.
Because they are deeply concerned with political dissonance in this country.
The idea, the notion, the message is, if you speak out against a party in power, we're going to lock you up and throw away the key.
And that's exactly what's happening.
And it's happening without due process.
And there's no crack in the armor of the court.
I mean, they are unanimously There isn't a judge who rebels against this?
I mean, it would seem to me if I were on that court, I would have rebelled against it.
You have one or two judges.
I have to be careful because I'm still in front of them.
But in large, they have drank the Kool-Aid.
I'll give them this out.
Can you imagine if you were called to sit on the bench or a member of a jury for the 9-11 hijackers had they lived?
Right?
If I was called to sit on the 9-11 jury, and I was looking at one of those guys who flew a plane into the building and somehow lived, I don't care what was put in front of me.
I'm gonna send them to jail.
Yeah, right.
So therefore, I'm not fit to sit in that jury.
Every victim, every person of Washington DC, it's a very close community.
It's not even bigger than Manhattan.
Every person who sits in that jury feels like a victim of a terrorist attack on January 6th.
None of those people should be on the jury for that reason alone.
How did that happen?
I mean, aside from what happened in the very, very limited geographical confines of the capital, the rest of Washington, D.C.
was unaffected by it.
I mean, September 11, almost 3,000 people died.
Almost everybody knew someone or had a relative who died here.
The people who died were not even related to them.
They were Trump people.
There were the false reports, which also gives you a kind of a feeling that this was an orchestrated event.
There were the false reports of the police officers that were killed at the very beginning.
Which were obvious, big, fat, bold-faced lies.
Put out on purpose.
Put out on purpose in order to inflame the passions of the public and misinform the jury pool.
When you look at what the January 6th committee did, it was the deliberate poisoning of the jury pool.
When you look at the red speech that Joe Biden did, and he said, MAGA Republicans are the problem, and they're a great evil in America, and so on and so forth.
That's the deliberate poisoning of the jury pool.
If you take that in conjunction with CNN, MSNBC, and some of these others, And this is who the jury watches because D.C.
is 96.9 Joe Biden voters.
They ingested this stuff and took it hook, line, and sinker.
And there's no turning them back.
You can't convince these people otherwise.
In our cases going forward, should I have another trial coming up, this is public knowledge and I encourage other defense attorneys for January 6th cases to do this as well.
Waive your juries.
Waive your juries because you don't have a shot in hell.
Put it on the judge.
You got a better chance with the judge.
100%.
Even though the judges are... Even though the judges are the way they are.
Right.
Even though they are the way they are, the judge has a moral and a legal duty to be fair and impartial.
A higher duty, prosecutor has a higher duty, a judge has the highest duty, right?
The jurors, they just can't do it, so you gotta put it on the judge.
And you gotta present the case to the court and to the judge like you would the judge and not the jury.
Mm-hmm.
It's a heck of a, it must be a heck of a challenge.
It's very hard.
Because you never tried cases like this before.
I mean, you never, you weren't trained and you don't have the background, none of us do, to try.
This is like trying a case.
In a different kind of country.
I don't want to push you too far because you have to try these cases, but when you're not here, I'll tell them what I think is going on.
Should we play some footage, a clip from that day?
Yeah, sure.
If you can react, if you can't, we completely understand.
I love Morris.
She is the one who did most of the hitting.
So Roseanne Boylan was at the Western Terrace of the Capitol in the tunnel entrance.
Place was like the gates of hell.
You had the officers who were... The Western Terrace, we should tell people, is the one that faces The White House, it's where we now do the inauguration.
We used to do it, by the way, on the other side.
Ronald Reagan changed it to that side.
And like, for example, people will remember the John Kennedy inauguration.
That was on the eastern side.
Ronald Reagan being from the West, moving to the West inside, which is bigger.
And we've had all the inaugurations there since then.
So this is where the inauguration is.
This is where the inaugural parade begins.
When they finish the inauguration and they go to the White House, faces Pennsylvania Avenue.
So the crowd formed, the crowd formed, they're trying to go in one of the gates.
That is correct.
So after people left, uh... the ellipse uh... the they had parade routes like the yankee parade or a giant super bowl parade uh... mark out for them no cars were in the streets that day that funneled them straight down to the capital so the idea was okay this was set up for us by the government no cars are here there's barricades we can walk down to the capitol in protest everything is kosher when they got down there the the the police officers uh... and look i should say this i'm a big fan of law enforcement i love law enforcement
The way that law enforcement behaved at the Capitol that day is just not acceptable.
And they started gassing the crowd, rubber bullets into the crowd, beating people in the crowd, and a conflict ensued.
Because, hey, I'm here to protest, I'm here to exercise my First Amendment rights peacefully and civilly, and I'm being attacked.
A big fight took place.
Roseanne Boylan got pushed up against that wall.
She was gasping and she was breathing for help.
Michael Foy, in this case, is saying on record, on audio, she's dying, she's dying, help her, help her, help her.
Officer Lila Morris, instead of helping her, Beat the life out of her with a stick.
Now, what did she do, if anything?
Did she hit someone?
Why was she focused on?
Roseanne Boylan did nothing whatsoever.
She was focused on her because she was too close, she was vulnerable, the cop was angry, and apparently that officer lost control.
And she lost control to the extent where Roseanne Boylan died.
You can see people in the later videos giving a CPR.
And then they drag her half-naked body through.
We've seen that too.
Was the officer attacked by someone else?
Is there any video that shows Lyle Morris being attacked by anyone?
The conflict at that area.
It would stop, and it would start, and it would stop, and it would start.
And the majority of the protesters that were there were saying, hey, they're holding up their hands, and they're saying, hey, we're being here peaceful.
Little coffee, one guy held up a crutch, and he said, in the name of Jesus, we pay for peace.
Right.
Let's play the clip.
Yeah, yeah, yeah, play that.
I can't take it anymore.
I'm serious.
I'm dying.
I need a conversion.
I need a conversion.
Back up.
I can't even have a time.
That's all you motherfuckers!
You kill us motherfuckers!
You kill us, motherfuckers!
Shame on you! Shame on you!
You fucking bad Jesus!
Shame on you! Shame on you!
You're a killer! You're a killer!
I'll kill her!
Fuck you asshole!
Fuck you!
Fuck you. Fuck you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.
So the reason for the spray there was they wanted them to leave. They wanted them to
go. After letting them come there.
They wanted them to go back?
They just were like, oh, you're talking to us.
Go away and I'll spray you in the face.
Those people did not seem to be attempting to go in.
The majority of people who got sprayed at that western tunnel entrance were doing nothing.
The cops sprayed people over and over and over again and provoked the conflict.
It was all avoidable.
It was all avoidable.
None of the conflict happened until the cops started attacking people.
Everybody that's there has been charged with this, has been charged with civil disorder.
Were the people outside, people outside were charged too, right?
Yes.
And they've been charged with participating in the civil disorder that was started by the police.
Right?
It's like, okay, I was there.
There was a civil disorder.
Things, these things happen, but I didn't start it.
You have to look back in order for that charge to stick.
You got to look back factually and say, well, who started the civil disorder?
Was it the protesters or was it the police?
It was the police.
The evidence is incontrovertible, but the court just does not care.
When in relationship to the president's speech, Which went late and when did the conflict start?
Did it start before he finished his speech or after he finished his speech?
It began right before he finished his speech.
It began, it started around 12.45 and then the real hot and heavy conflict took place between 2.30 and 4 o'clock.
So it built up.
It built up for sure.
It built up for sure, because you're there, a lot of these guys, I have a client, Ryan Nichols, he's a search and rescue specialist, no criminal record, Marine Corps veteran living with PTSD.
He was there with Alex Harkrider, who's a Purple Heart veteran from Iraq.
These guys are there and they hear bombs going off.
They see the crowd running.
That's triggering for people who have gone to the Middle East and had these things happen.
And in their mind, Is a revolution happening?
Are we being attacked?
Should I act?
And like someone like Ryan, who's a search and rescue specialist, he charged the front to see who he could help.
And he actually helped multiple people and that's being used against him as an indicia of criminality because he simply didn't turn around and walk away.
A good man or a good woman does not have to, they're allowed to intercede
into a situation when they see criminal action taking place against somebody else.
These good men did that repeatedly throughout their day and they're all being persecuted to the fullest extent possible
because of it.
We're going to take a short break and we'll be back in about a minute or two.
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Fruits, veggies, you gotta have your fruits and veggies every day.
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You know, I don't know if you're in this way, but I was always somewhat superstitious when
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So like if I, let's say somebody had given me one of those, and then the next day I went
to court and I won the case, I'd probably take them forever.
Yeah, could you not?
So Mayor, people should go to balanceofnature.com and what promo code should they be using?
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And don't forget, Mayor, the travel sizes.
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You know we have a little surprise with those.
Oh yeah, oh yeah.
All right.
Now, so let's get back to where, let's get back to where, to where we were.
You know, I think a lot of people think that this, people, people that were charged, Are charged because they did crimes of violence inside the Capitol.
That's not true.
No, I can't.
I'm trying to remember the footage that I've seen.
I've obviously haven't seen as much as you have.
I don't remember.
Was there violence inside the Capitol?
No, I don't remember.
There were a few shoving matches in the Rotunda later on in the day when the Capitol Police, they corralled everybody into the Rotunda.
And at some point they started macing people.
Police had masks on.
The protesters did not.
And when you're inside and you're getting maced and you have nowhere to go and nowhere to wash your face, people get angry.
So, again, it was provoked.
It was avoidable.
It should have never happened.
It has nothing to do with training and protocols or crowd control.
They did it because they could, because they did not want these people there because of their politics.
You have to understand, there was a great and there is a great animus Amongst the DC police force and Capitol police against these people.
You can hear it over and over and over again in these recordings from the body cam videos.
They did not like them and they were happy to beat up on them.
They were happy to mace them and they were happy for these conflicts to happen.
It's an unfortunate and ugly reality, but it's the truth.
And the reason for the, for the, uh, for the animus?
The reason for the atomists is because they were there to support President Trump, and these officers felt like, and still continue to feel like, that they had a green light.
They had a green light from the people who were in power in D.C.
to crack down on these people for who they are, for what they believe in, make an example out of them, send them home, and make sure they never come back.
And the person ultimately in charge was Nancy Pelosi.
She was in charge that day for sure.
and you had the two she didn't want the national guard around no she did not want the national
guard around because the national guard would have made sure that that ugly kind of thing did
not happen and then you also had michael stenger and and the other sergeant of arms for the respect
of the house and the senate and michael sang stanger began to speak out a bit against the
security concerns that and uh he died and then recently you had a chief son to testified and
he said well we don't know how many agents were on the ground and we don't know how many people
were there undercover and we don't know what was going on in this and we didn't know i wasn't told
Why wasn't he told?
Because a good man in leadership capacity who has experience with these matters is going to make sure that that kind of nefarious things Dude does not happen.
Well, the FBI just disclosed to Congress that they don't know how many people, how many FBI personnel were there in various capacities.
We have been saying this in our case.
They have not.
They don't know.
They can't.
They cannot.
That seems to me, having worked with the FBI for, you know, hundreds of years, they keep every Either they're lying or this was a terribly chaotic situation on the part of the FBI.
Generally, they know where every one of their assets is and exactly what they're doing.
That's 100% true.
And we put the number of FBI assets that were there that day in the hundreds.
And we've been saying this since day one.
And we've had judges tell us in court, don't bring these conspiracy theories into our court.
There's no factual basis for anything that you're saying, so on and so forth.
Well, guess what?
We've been proven right time and again, each time these videos that they've been trying to suppress come out.
Well now, for example, this information that the FBI has conceded that it doesn't know how many assets it had inside, wouldn't that be Brady material?
Of course it would be Brady material.
It is, I wish to tell people, Brady material is evidence that could be used by him as a defense lawyer, let's say, that could help his client.
Not necessarily innocence, but help toward innocence.
It doesn't have to prove innocence, but it has to be helpful.
And the government has an obligation to turn it over.
If the government doesn't turn it over, there should be ethical considerations and possibility of reversal.
That's correct, Mr. Mayor.
And it's an objective standard, right?
So if there's relevance there, any reasonable person can see that I can help the other side.
You're supposed to turn it over.
But they've used a subjective standard.
They said, ah, this is not really relevant.
It's not going to help them.
We're just going to bury this and maybe it'll be relevant next year.
They hid the information.
It's dishonest.
It's wrong.
The game is rigged.
And this is proven by the nearly 100% conviction rate in all these cases.
It's just not possible that everybody who went there is guilty.
But that's what the court is saying.
And also, I mean, this would clearly be Brady material since the core of most of the defenses here is that this was a government provoked riot.
And what went wrong here, whether it was a riot or a disturbance, it was more created by the government than by the people who they want to put in prison.
Now, if the main agency in charge of it, Just look at that.
Doesn't know how many people they had in there.
That would tend to help you argue that the federal government was out of control.
Indeed it would.
I mean, they are out of control.
They lost count of paid informants, which means they don't know what they're doing.
They're not in control of what they're doing.
Which might not be everything you needed to show that they were innocent, but you don't have to show they're innocent.
You have to show that they have to show beyond a reasonable doubt that they're guilty.
This would help to create doubt.
It would help to create doubt, and that's why it's been suppressed.
And it's not just the agents who were there that day.
Uh, something that the general public does not know about is that there were Zello chat rooms that were largely used by military, ex-military people.
And these guys go into search and rescue situations and they help people.
Tens of thousands of good men who go and they rescue people when the government in FEMA can't get to them.
People are drowning, tornado victims, hurricanes, so on and so forth.
The FBI and the government infiltrated those chats a year before January 6th, and they began to take ex-military guys or regular patriotic Joes who were not necessarily political and make them political.
Have you ever been to a rally?
Well, maybe you should start going to them.
And by the time January 6th goes, gets close, two weeks out, go to the Capitol January 6th.
Make sure that you bring gear for Antifa, your search and rescue people, you understand that.
And if something happens, defend your president.
FBI agents are on those chats doing it.
We have called them out.
One of them, his name is 1% Watchdog.
That's the code name for him.
And we've been talking to the government about 1% Watchdog over and over and over again.
It's in our filings.
It's in our paper.
And they're just going, what?
We don't know who he is.
It's a bold-faced lie.
What do you have his voice, but not his face?
We have his voice, but not his face.
They used him in the January 6th committee's hearings.
He's walking people over the radio through the Capitol.
All of those people who were on that tape were convicted, except him.
This guy also was on a chat with my client, Ryan Nichols, and he got Ryan, he knew Ryan through search and rescue work, and he's got Ryan with a few other people to go down to the Capitol that day.
But for his involvement, my client does not go.
They're on the hook for entrapment and they know it and they're not turning him over.
They're not turning him over and it's wrong.
Of course it is.
I mean, it's really amazing.
These are things that would get a normal case just thrown out.
I mean, I can just, I was a law clerk to a federal judge for two years who was very tough and these cases would have been thrown out and the prosecutor would have been thrown out with them.
Oh, right out of the front door, the back door?
Maybe out the window!
I could just see it.
And he was a pro-government judge, but he also felt the government had to be held to a higher standard.
Unethical behavior by a prosecutor was tantamount to capital punishment.
Indeed.
And it should be.
I mean, the power... I exercised it for, you know, a long time, and the power of a prosecutor is hard to describe.
You know, the day that I finished being U.S.
Attorney, February 1st, 1989, I woke up that morning, and for the first time in about six years, I felt this weight off my shoulders.
I thought, I don't have to make decisions anymore about who gets prosecuted, because you don't want to be wrong.
You don't want to carry on your conscience having convicted an innocent person.
My God, there's nothing more horrifying than somebody who didn't do something in jail.
That is correct.
And when you think about the fact that many of these protesters were held and are being held in jail, they're pre-trial.
They're pre-trial.
So the Constitution says that you cannot cruelly and unusually punish somebody under the Eighth Amendment.
The inference there is that person has been convicted.
But when you're pre-trial, you're innocent until proven guilty.
You're merely being held there to be detained for your day in court.
You can't be tortured, never mind cruelly and unusually.
These guys have been held in the box, solitary confinement, for 11, 10, 12, 13 months, maced, beaten, abused.
Explain to me where they're held.
and uh the conditions of their confinement because we've read a lot about it but you've actually obviously you've been in there visiting of course yeah so uh from jump street they were all taken to uh tell us what that is so the bail hearings right a lot of these guys had bail hearings in their respective counties texas wisconsin people that came to miami these people were arrested by the gestapo and the gestapo so the judges out there 99.9% of the cases said, okay, you're not a flight risk and you're not dangerous to the community.
These are the judges around America.
Right.
Go home.
DC said, oh, I don't think so.
We're going to file a stay of the judge's order, stop the press, stop the train, and we're going to have these people Taken in custody back to Washington DC where we know that they're going to be held in court And then they were all uniformly held in the gulag.
They were put in DC Jail DC jails comprised of two sections CDF is which was which is where the general population goes and then CTF which is a central treatment facility inside a central treatment facility and They had a part of it that hadn't been opened in years.
It was dusty cobwebs.
And what's that central?
It's just another part of the building.
What's it for?
It is for people who go there who have different reasons for being incarcerated or different health reasons, psychological reasons, certain crimes.
There are people with problems.
There are people with problems, right?
But there's a part of that jail A big pod that they, that was like defunct.
It hadn't been opened.
They reopened it up and they put these guys in there amongst themselves.
They kept them away from everybody else, but they put them in an unkempt, unfriendly place that was, that was and is disgusting.
It is unhealthy, poorly ventilated for a multitude of reasons.
And it looked like on its face, oh, they're keeping them from general population.
No.
They put them there so they could deny them all their rights, treat them worse than general population, and if they had the audacity to speak out, then they put them in the box.
They put them in a hole and sell them to their confinement.
What the box is?
The box is essentially the... What does it look like?
It's, depending on the cell, it's a 5x2 or it's a 4x4 cell with no windows, with nothing to do.
Sometimes you're in there with clothes, sometimes you're not clothed, and they'll just leave you in there to rot.
You're left in there nude?
Some of these guys were stripped before they went in and they were left.
And did you actually 4x4?
Some of them are really small.
So these people are basically what?
They must be anywhere from 5'9 to 6'2, 6'3?
Yep.
And they ran out of solitaries and they invented... One guy was left in the closet.
I mean, this is not a joke.
And we crack... Ryan Nichols, my client, who's a military veteran of PTSD, Military veterans living with PTSD have an astronomically high suicide rate on a good day.
Of course.
He was driven to suicide watch.
They strapped him to a table with a tie-back suit on in the middle of the winter or the early spring.
It was cold.
They kept the lights on him for three days.
And they said, oh, you're going to kill yourself?
Just get it over with already.
We got to go to lunch.
Are you going to kill yourself?
Well, this and that.
They tried to get him to kill himself.
Thank God he didn't do it.
We filed habeas corpus motions.
We went buck wild on the court.
We got a judge, one judge, to listen to us a little bit.
They eventually shut that jail down for a period of time and started transferring people out.
Right.
But now they're bringing them back.
Now what happened to him?
His particular case?
I was able to get Ryan out.
Out of where?
Out of the Gulag system.
They took him and they moved him to Rappahannock in Virginia.
I was able to get him out there for a very calculated argument.
He had not seen his discovery there since the time he had been there.
He couldn't participate in his trial, so the judge let him out.
And then that judge retired like a week later.
He's like, I don't want anything to do with this anymore.
Ryan's been out since the 22nd.
Out of prison.
Out of prison since the 22nd of November 2022.
He was in for a long time, some 18 or 19 months.
What allowed him to get out?
Because I was able to argue he did not have access to his discovery.
Constitutionally, he could not meaningfully participate in his defense.
The judge said, you're right, there's no access to discovery.
They let him out.
They let him out.
He's going to trial in November.
So what are his conditions?
He has to remain at home?
He's got to remain at home.
Yeah.
And he's going to trial in November.
And what is he charged with?
Oh, he's charged with everything that you can charge a January 6th with.
Obstruction, assault, entering the Capitol.
Again, you have a guy who saw abject violence, whose inclinations and training is to run to the violence to help people.
And because he, look, he wasn't perfect.
He said some stupid stuff, but all that stuff's protected.
You show up to a protest, you say wild things.
Look, you have BLM standing in the street saying, burn this mother effer down.
Yeah.
And then they actually do it, and they get nothing.
But they want 50 years from him, if concurrently.
Oh, yeah.
The last offer they made was like 12 years.
He's got no criminal record.
He's got two kids at home, Blake and Ryan Jr.
He's got his wife, Bonnie, wife of 10 years.
He employs all kinds of people.
He's the best of what America has.
What does he do for a living?
He owns a wholesale business where they wholesale all kinds of goods across the United States.
But even before this, they employ second chances, people with drug addictions, people who have gotten out of jail.
What motivated him to do this?
He had a strong feeling that the election was rigged.
He believed that the election was stolen.
Like I did.
Like I do.
Right?
He had never been to a political protest before.
His interactions of 1% watchdog on the Zilla chats encouraged him to go.
So he went.
He got set up.
He got walked into a war zone.
And he did the best that any guy could do under the circumstances.
He was not perfect, but he is not a criminal.
What's the worst damage that he did allegedly?
The worst damage?
Did he break somebody's jaw?
Break somebody's nose?
No damage.
Break somebody's arm?
No.
Did he hurt somebody?
No, there's no victim.
There's no human being that was harmed by him?
No.
So there was these sprays going back and forth.
We're talking about 12 years in jail?
Oh yeah.
And that's on a plea deal.
Nobody, nobody, there's nobody with a physical injury as a result of whatever the hell he did.
Nobody.
I don't care what he did.
I just, there's no, okay.
Nobody.
What's the worst physical, what's the worst property damage?
He damaged no property.
He break a window?
No.
Did he knock down a statue?
No.
Okay.
Well, what exactly did he do?
There was an open window in the Capitol that he climbed into.
Just like John Sullivan did?
Just like John Sullivan did.
In fact, but he broke the window.
Right, and we all know where he was when Ashley Babbitt got shot.
Yeah, right, right on, right.
He knew exactly where the gun was gonna be.
Yep, and he filmed it, and he sold a snuff video to CNN.
But he gets a pass.
Or he gets a stop on arrest or whatever he's gonna get.
It's nonsense.
So far, he's not been held...
And he's an open and notorious member of Antifa.
a sentence and he also was advocating the day before they burned down the
Capitol. That's right and he's an open and notorious member of Antifa. If you
look at his history... I also have a tweet from him telling people to come to the
Capitol on the 5th so that they could get Trump out, which in my day as a
assistant or you as a...
attorney would be seen as a threat on the president's life.
Right.
And he'd have been arrested like that.
Well, because it was President Trump, they encouraged it.
Well, they shouldn't do anything about it.
And then, like Epps, he's in front of the, I think he was over by the Black Lives Matter thing, talking about taking the Capitol the next day.
Ray Epps is on video the day before saying, tomorrow you need to go into the Capitol.
So what's up with him?
And then Ray Epps is there again, to the point for Epps, and he's there directing people at the front lines of the battle into the Capitol.
And he's getting charged with misdemeanors and potentially one very low felony.
A lot of these guys who were working for the government, there was so much outrage that the government is actually burning these agents, or these CHS's or whatever, however you want to characterize them.
They were in cahoots working with the government on some level, but because the outrage has been so much, and there's so much video evidence, the government has had no choice but to bring in some of these guys, but they're getting slaps on the wrist.
They're not getting threatened with the decades of incarceration that legitimate protesters were there for.
Well, we're going to be back in just a minute because I do want to ask about Epstein.
There was a development a day or so ago where he says he may, I love this, he may be willing to plead guilty to a misdemeanor.
That's very generous of you.
We'll be back in a minute.
The year is 2022.
I'll be back in a minute.
The year is 2022.
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Welcome back to America's Mayor Live.
We're going to play something that you're probably more familiar with, but people have some knowledge of.
And this is, you know, the Ashley Babbitt situation that I saw for the first time on January 6th, believe it or not, around 6.30 at night.
And from that moment on, I knew there was something Very false and very wrong about this, because as a former prosecutor, this looked to me like a murder-warn investigation.
But go ahead.
Go ahead.
Right.
What we will be watching, just so that we put this in proper context, is their attempt
to break into Nancy Pelosi's suite, her suite of offices.
Already by the time they arrive there, there appears to be a broken window, but not broken enough so that anyone can go through.
What we'll see is we'll see someone break the window.
We'll see a woman get lifted up.
And then we'll see the woman get shot.
A conspiracy theorist.
You don't need to be a rocket scientist.
You need to use common sense and to look at this for what it is and to do 2 plus 2 equals 4 and to see that this is exactly what happened.
That video has haunted me from the moment on January 6th when I first saw it and including the fact that It seemed to me that Sullivan had the entire script.
We could go right back to the beginning when he broke in, came in.
There also are two people that appear there that appear to be detectors, FBI, whatever, directing them to the right place.
Yeah, let's play that video.
You know the guy I'm talking about?
What we're going to see now are two Seemingly out-of-place individuals.
One looks like a detective, who seems to nod his approval.
And then a second one who looks more like either an Antifa person or an undercover.
We've put on video, we've asked for them to be identified.
They won't do it.
So if they won't do it, if they can, uh, you know, identify grandma Tennessee and grandpa Oklahoma, you know, they can get these people.
They should be able to identify in a half hour.
Of course.
And he was basically telling them they were in the wrong place.
After that, they go down further down the hall.
They missed Pelosi's room.
The cops bring them back.
So they get to where they want them to be.
I mean, they basically put them there.
The law has a defense that's called entrapment.
And then let them have the door.
Yeah.
Okay, now you can have the door.
They weren't even challenging the two cops.
They were talking to them.
They weren't challenging them physically.
Plus, the two cops had a bunch of other cops within a stone's throw with massive weapons to stop them.
Did they not want to protect Pelosi's office?
Mayor, in that video, again, those cops were not looking, uh, scared.
They weren't screaming for help.
They were very calm and they just walked right away from the door and they'd let those guys have the door.
They waited just two more minutes.
The SWAT team's coming up the stairs and the situation could have been abated, but obviously there's some kind of shady stuff going on there.
All the spray that was used that day, you'd think they'd want to use it at that moment.
Right.
They could have literally simply just, even Mayor, with Ashley Babbitt, all they had to do was spray her or tase her.
They didn't have to shoot her.
That was so unnecessary because she didn't have a weapon.
If you did that here and you were NYPD, you would be hung in the middle of Times Square if you shot an unarmed person.
But this officer, whoever he was, getting away with that, I think you switch the races.
It's insane.
You switch the races on this.
Just gonna say it.
And you're gonna have a massive riot.
That's what I'm saying.
That's what I'm saying.
Except if I were mayor of New York City because we don't have riots.
That's right.
Summer 2020, the summer of love.
Like we don't allow them because we believe in law and order?
If that was a white officer killing a black girl, it would have been over.
It would have been over.
That's my opinion.
So, mayor, before we go into our final segment where you kind of give us a wrap up of today's news, Uh, maybe, you know, Joe, Joseph, what, what made you, what, what, why is this so important?
Why are you defending?
Why is it so important?
Tell us a little of your background, Joseph, and then what led you to get involved, involved in this, in the dedicated way in which you are, because you're, you are deep, deeply dedicated.
It's not just, uh, another case.
Well, thank you for the opportunity, Mr. Mayor.
And look, I'm a, I'm a Puerto Rican and Irish guy from Brooklyn who comes from a Catholic family.
I was raised the right way.
I wasn't perfect growing up, but I was raised with morals and with a good character.
When I was 26, my disabled brother Anthony was accused of a crime that he absolutely did not commit.
He was threatened with 125 years of incarceration.
He pled out to 15 years.
He's a paranoid schizophrenic.
He did not have meaningful counsel.
Before we knew what was going on, my brother was being dragged away in jail.
This is my adopted brother.
I watched my mom and dad on the couch.
I watched their hearts break.
I said I had to do something.
I was in a mixed martial arts world at that time.
I was promoting clubs.
I didn't really have no path in my life.
I said, I'm going to become a lawyer and get my brother out.
It took me 10 years to become a lawyer.
And by the time I was in a position to meaningfully help him, he had maxed out.
My brother, because he has different mental insufficiencies, let's call them, the prison system in Tennessee did not know how to deal with him.
So they kept him in solitary confinement for almost four and a half years.
By the time he came out, he was a shell of his former self and I don't even recognize him anymore.
But out of something evil, something greater can happen.
So I devoted my life to sticking up for men and women who are unfairly targeted and wrongfully prosecuted by government.
I started my career with the Innocence Project as an intern here in New York City.
I was a public defender for five years at the Manhattan Legal Aid Society.
I left there after being targeted for being an open supporter of President Trump, and I started my own law firm, committed to these practices.
I hit the ground running, and when the January 6th cases started happening, it was natural for me to get in.
I got a call.
Right before Ash Wednesday on 2021, I decided to take the case after coming home and receiving my ashes that night.
I knew it was going to be bad.
I had no idea it was going to be this bad.
But what I can say about what I've learned is this.
This is the biggest crackdown on free speech in this country that the world has ever known.
Free speech in American society is a beacon of hope for the world.
Without it, the world will fall into darkness.
Ronald Reagan said we are a city set on a hill, right?
And that's who we are.
You don't put the lamp stand under the desk to hide it.
You put it so the whole world can see it.
And free speech is being trampled underfoot in this country.
If you are a member of the opposition party, you are being targeted for your words and not your conduct.
For your thoughts and your beliefs and not your actions.
And they're putting people in jail because of these things.
It's scary.
But at the end of the day, truth wins.
God wins.
We will not lose, but you cannot give up.
If you're out there listening, you have to speak out in the marketplace of ideas.
You have to speak out online.
You have to have courage at work.
You have to say no to your supervisors, I won't do this, I won't do that.
Talk to your sons, talk to your daughters, talk to your husbands, talk to your wives, and win them over with the truth.
Because if we lose this battle, and if we lose this election, we're going to be up the creek without a paddle.
And look, I am a street kid from Brooklyn who said I am going to do this because of what happened to my brother.
If I can do it, anyone can do it.
I assure you of that.
So, don't underestimate yourself.
Go out there in the world and make a difference.
I mean, look at the difference that I'm making.
Look at the difference that he made.
He changed this entire city by himself as a prosecutor.
He took on the mafia.
And then as the mayor, he was America's mayor, he stood there for months at the Twin Towers and he cleaned up the city and look how he's being treated.
How the hell is that happening in this world?
Everything is upside down.
But, things will return to normal.
They will return to normal if we have faith in God and if we have faith in each other.
May I ask you, in all that you said, how did you become a supporter of Donald Trump?
more than even a legal invitation, like a prayer.
May I ask you, you know, in all that you said, how did you become a supporter of Donald Trump?
I became, you know, I voted for Barack Obama.
I voted for Obama.
And then after what happened in the Middle East and watching the genocide of Christians there, he lost my support.
And when I saw Trump, he spoke like a guy from where I'm from in Brooklyn.
I was like, I like this guy.
You know, I always knew him, but I like him.
And then I read about him.
And I read about the fact that he's been a patriot a long time.
The people who's been around him, he loves this country.
And something, when you speak truth, liberals always say, speak truth to power.
When you speak truth, you can recognize it.
You can feel it viscerally in your gut.
And I said, man, this is what all these politicians, they're just such bullshitters.
And this guy is up there telling the truth.
And I want more than that.
And the more he spoke, the more I listened and the more other people listened too.
I've had the pleasure to meet him.
I have the pleasure to be around his family, be in his home, and they're great.
I've been there at Mar-a-Lago.
On one side of me is a gazillionaire with 16 yachts.
Another person is a normal Joe from a trailer park or from somewhere else, and he treats everybody the same.
He's a good man.
Why people hate him is beyond me.
Don't you at times sit back and say... Assume that all the stupid things they say are true.
You still shouldn't hate him that much.
No, you shouldn't hate him that much.
When you look back on his presidency, who did he kill?
Who did he oppress?
Who did he harm?
Nobody.
Does he have a son that's on crack?
Does he have a son that sells secrets to other states?
I think I can prove to anyone that everybody in Ukraine, to be alive today, had Trump been president.
100%.
No way Putin would have invaded with Trump there.
Putin invaded three times in the last 15 years.
Bush, Obama, Biden.
He skipped one president.
I wonder why.
Because somebody had his finger on the button.
I mean, I'm trying to figure out what it is they hate him so much for.
They like to say he's a crook, but the best they've been able to do is these ridiculously stupid cases of settling a case with women who are making allegations.
People do that all the time.
I've done, I don't know how many non-disclosure agreements in my career as a lawyer.
We've got the one where he's moving around the presidential documents at Mar-a-Lago.
Meanwhile, Biden is illegally taking classified documents as a senator and vice president and putting them everywhere.
Nobody points this out.
Every place he puts them, the Chinese have access to it.
One of them is Chinatown.
The other two institutes that are funded by China.
And the fourth one is right next to a car that his son passed every day for a year.
And his son was a partner with the spy chief of China.
Four places.
China has access to all of it.
Trump's documents, which he has a good argument for possessing in the first place, were all at Mar-a-Lago.
It's like moving around the deck chairs.
Move it here, move it there, move it here.
Nobody got hurt.
Finally, the one that I'm involved in, I'm being prosecuted for what you do.
I'm being prosecuted for defending him.
It's insane.
And making arguments for him because they know the truth.
They know the truth.
The truth is, the election, there was no fraud.
So if you say there's fraud, you're committing a crime.
But I can't defend him if I can't, if I can't argue that there's fraud.
I can't, I can't make the case for him.
If you had any person working in the White House that day or in government or protester, anybody had a reasonable belief that the election was stolen, they were allowed to act on it.
The idea that your ideas or your ability to reason that day is somehow criminal in and of itself is absolutely ridiculous.
And the fact that they're prosecuting you the way they are, You're doing plenty to help America, my friend.
that I can do to help you and help your team. You just let me know. You're doing plenty to help
America, my friend. We're very, very proud of you and very proud that you're a New Yorker.
And on that note, Joseph, is there a fund or a place we can direct our audience
if they want to support you and of course the January 6th defendants?
Sure, thank you.
So I am McBrideLawNYC, that's at McBrideLawNYC, across all social media platforms.
My website's sort of under construction right now, but there's a page there, McBrideLawNYC.com.
And you can go to the January 6 tab and you'll see that there's a way to give to a global fund.
We apply that money where it's needed most.
On one day it's client number one and another day it's client number two and on another day it's client number three.
We give it to where it's needed and we do it across the board.
That money goes into a trust account and it goes to those clients or the lawyers And investigators and people who are working on most cases.
Whatever you can do, I appreciate it.
If you're not in a position to give with money, please give to us with prayers.
Thank you.
I can't say enough about you and approximately how many lawyers and others do work with you in a loosely affiliated way?
About 25.
Not enough, right?
No.
No.
A lot of the January 6th cohort of lawyers, um, a lot of them don't want nothing to do with me because I'm too loud for them, or I make too many waves.
There are a few good men and women who are like, I like to win.
Are they frightened?
Yeah, they're frightened.
And some of them have friends, they don't, you know, they're thinking about life after this, and I'm going, there will be no life after this if we don't win.
Yeah.
On the impeachment staff, the first one, when the president was being impeached for a Russian collusion, the one that Hillary paid for, the frame-up that Hillary paid for.
We had a young man working for us that was a young professor, and he was fired.
Yeah.
He had been selected as the Professor of the Year a couple years before because of the work that he did for Capitol defendants.
But you go work for President Trump, you get fired.
Everything's upside down, Mr. Mayor.
Yeah.
Okay.
And I will end it with a, maybe we'll both bow our heads and say a little prayer.
That justice is done in our country because we've got about a year and a half coming up that is crucial for whether this country survives or not, I believe.
Why don't we all just say a little prayer on our own and then we'll close out and we'll be back with you tomorrow and wish this man to my right all the best because he's doing God's work.
Thank you.
Thank you.
Good night and God bless America.
Our purpose is to bring to bear the principle of common sense and rational discussion to the issues of our day.
America was created at a time of great turmoil, tremendous disagreements, anger, hatred.
It was a book written in 1776 that guided much of the discipline of thinking that brought to us the discovery of our freedoms, of our God-given freedoms.
It was Thomas Paine's Common Sense, written in 1776, one of the first American bestsellers, in which Thomas Paine explained, by rational principles, the reason why these small colonies felt the necessity to separate from the Kingdom of Great Britain and the King of England.
He explained their inherent desire for liberty, for freedom, freedom of religion, freedom
of speech, the ability to select the people who govern them.
And he explained it in ways that were understandable to all the people, not just the elite.
Because the desire for freedom is universal.
The desire for freedom adheres in the human mind and it is part of the human soul.
This is exactly the time we should consult our history.
Look at what we've done in the past.
And see if we can't use it to help us now.
We understand that our founders created the greatest country in the history of the world.
The greatest democracy, the freest country.
A country that has taken more people out of poverty than any country ever.
All of us are so fortunate to be Americans.
But a great deal of the reason for America's constant ability to self-improve is because we're able to reason.
We're able to talk.
We're able to analyze.
We are able to apply our God-given common sense.
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