The StoneZONE - Roger Stone - 'CONSTITUTIONALLY INVALID' - Trump Lawyer Drops Truth Bomb On Jack Smith | StoneZONE Clip
Aired: 2024-04-30
Duration: 03:17


=== Presidential Records Legality (02:44) ===

[00:00:02]  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.
[00:00:18]  There is, I think, a legitimate legal theory, without getting in the weeds, that because he was never approved by the U.S.
[00:00:29]  Senate, Because he was not a sitting U.S.
[00:00:31]  attorney and thus having been approved by the U.S.
[00:00:34]  Senate, I should say confirmed, that his appointment may be illegitimate.
[00:00:41]  Tell me your thinking on all of that, if you would.
[00:00:44]  Yes, on the Presidential Records Act point, what Judge Cannon has basically said is that she views that as an issue for trial.
[00:00:52]  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.
[00:01:02]  And that is a defense under the law, based on the Espionage Act subsection that President Trump has been charged with.
[00:01:10]  If the jury believes that President Trump believed that he had the right to retain these documents, then that would be a defense.
[00:01:17]  That would be exonerative.
[00:01:19]  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.
[00:01:26]  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.
[00:01:37]  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.
[00:01:45]  But I think the argument is compelling and strong.
[00:01:47]  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.
[00:01:59]  So that's a powerful argument, and Judge Cannon seems open to it.
[00:02:03]  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.
[00:02:11]  I think the optics around all of these documents cases just think that, you know, Hillary Clinton was given a slap on the wrist.
[00:02:18]  Joe Biden won't be prosecuted because I guess the jury would be too sympathetic because he's old and forgetful.
[00:02:24]  And yet President Trump is facing felony indictment in the Southern District of Florida over exactly the same offenses.
[00:02:30]  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.
[00:02:37]  So I think it's clearly a case of selective prosecution.
[00:02:40]  I think the American people understand that.
[00:02:43]  And we'll have to see how that plays out in court in the coming weeks.

=== Selective Prosecution Debate (00:31) ===

[00:02:46]  A man who's gone through hell, but he's kept going and he's smart and he's strong and people love him.
[00:02:57]  Not everybody, but people love him and respect him.
[00:02:59]  Roger Stone.
[00:03:00]  Where's Roger Stone?
[00:03:14]  Roger Stone did nothing wrong.
[00:03:15]  They wanna get me like I'm Roger Stone.