| Time | Text |
|---|---|
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Presidential Records Legality
00:02:44
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| Beyond that, you still have in the documents case a preservation by the president's lawyers of a potential challenge to the legality of Jack Smith's very appointment. | |
| There is, I think, a legitimate legal theory, without getting in the weeds, that because he was never approved by the U.S. | |
| Senate, Because he was not a sitting U.S. | |
| attorney and thus having been approved by the U.S. | |
| Senate, I should say confirmed, that his appointment may be illegitimate. | |
| Tell me your thinking on all of that, if you would. | |
| Yes, on the Presidential Records Act point, what Judge Cannon has basically said is that she views that as an issue for trial. | |
| So I think that we will end up presenting evidence based on the Presidential Records Act that President Trump believed that he had the right to retain these documents. | |
| And that is a defense under the law, based on the Espionage Act subsection that President Trump has been charged with. | |
| If the jury believes that President Trump believed that he had the right to retain these documents, then that would be a defense. | |
| That would be exonerative. | |
| Um, so while the case wasn't dismissed on the basis of the Presidential Records Act, that's going to be an issue for trial. | |
| On the appointments question, we've made that argument in Florida, as has former Attorney General Ed Meese and a number of others, that Jack Smith's appointment is constitutionally invalid. | |
| Uh, that's going to be an issue that we're going to have to see play out in the courts, likely both at the district court level and on appeal. | |
| But I think the argument is compelling and strong. | |
| We've never had a special counsel before who had not gone through the Senate confirmation process, who was not thereby a maiden officer of the United States through the typical constitutional process. | |
| So that's a powerful argument, and Judge Cannon seems open to it. | |
| And on the selective prosecution point, I think it's clear that this is a selective prosecution, whether the case ends up being dismissed or not. | |
| I think the optics around all of these documents cases just think that, you know, Hillary Clinton was given a slap on the wrist. | |
| Joe Biden won't be prosecuted because I guess the jury would be too sympathetic because he's old and forgetful. | |
| And yet President Trump is facing felony indictment in the Southern District of Florida over exactly the same offenses. | |
| Whereas the conduct of Biden and Hillary doesn't even have the legal shield of the Presidential Records Act and some of the other defenses that we've raised. | |
| So I think it's clearly a case of selective prosecution. | |
| I think the American people understand that. | |
| And we'll have to see how that plays out in court in the coming weeks. | |
|
Selective Prosecution Debate
00:00:31
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| A man who's gone through hell, but he's kept going and he's smart and he's strong and people love him. | |
| Not everybody, but people love him and respect him. | |
| Roger Stone. | |
| Where's Roger Stone? | |
| Roger Stone did nothing wrong. | |
| They wanna get me like I'm Roger Stone. | |