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Sept. 7, 2022 - Sean Hannity Show
34:42
Special Master Appointments - September 6th, Hour 2
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Day number 388.
All right, our two Sean Hannity Show 800-941.
Sean, if you want to be a part of the program, we've gone over now the latest developments as it relates not only to this hateful speech that was given by Joe Biden last Thursday, and now this decision by this judge appointing a special master while noting that Joe Biden ordered the raid.
Conservative Treehouse, it's pretty interesting what they're saying.
Page two and three, Judge Cannon's ruling cites a quote, a quote from the DOJ's own legal filing dated May 10th, that Joe Biden ordered the National Archives and Record Administration to provide access to the FBI to review the Trump records.
Notes the quotation marks.
And on May 10th, NARA informed the plaintiff that it would proceed with providing the FBI access to the records in question as requested by the president.
Boy, Joe caught in another lie.
It's like him saying, oh, I've never spoken to Hunter not a single time about his foreign business dealings.
But then it gets deeper.
First, it was the passports, then it was attorney-client privilege information.
Then it was only all just minor information.
Then it's tax information and medical information.
And the judge noted that the Justice Department lawyers had acknowledged that it sees personal effects with evidentiary value as well as 500 pages of material potentially subject to attorney-client privilege.
That is not a small amount of record keeping.
And Merrick Garland has already acknowledged that they've been through all of it already, every single bit of it.
So the judge cites reputational harm to President Trump in ordering the raid and orders the special master and a pause in the probe.
And, you know, even Andy McCarthy, who seems to flip and flop and flail every day on this issue, is saying the DOJ may have sabotaged their own Trump investigation because the special master has been granted in this case.
These taint teams, as we have been telling you from the beginning, you know, it's like any organization investigating itself, a taint or a filter team, as they call it.
Greg Jarrett has written a phenomenal column about what is the DOJ and the weaponization of the Department of Justice and FBI abuse of power, which we chronicled all during the Trump-Russia collusion lie conspiracy theory and hoax, and which Greg wrote two best-selling books on.
Greg Jarrett joins us now for analysis.
Mr. Jarrett, sir, how are you?
I'm well, thank you.
Let's get your first take on this judge's decision because it's massive, in my opinion.
And I think that it probably did cause harm to the case of the Department of Justice in a lot of areas, but I want to get your take on it because I think Merrick Garland went too far from the get-go.
He absolutely did.
He overplayed his hand.
He went too far.
He grabbed too much and he gabbed too much.
And that was part of the reasoning by the federal judge A. Leene Cannon and her decision to appoint a special master.
You're right.
11,000 documents, 1,800 other items, including upwards of 520 pages of confidential material.
It's protected by the attorney client privilege.
And that doesn't even include, Sean, documents covered by executive privilege.
And this is where the Attorney General Garland suffered his biggest blow.
The court absolutely deflated correctly his ridiculous argument that Trump's executive privilege is somehow nullified when his successor, Joe Biden, unilaterally decides to waive it.
And then, of course, as you just pointed out, it makes clear in the filing here that he opened the door to the Mar-a-Lago raid.
And Cannon accused Garland of overstating the law.
And, you know, this was the wisdom of waiting until she could write all of this out.
24 pages, well-crafted, well-reasoned, well-supported by case law.
And she pointed to a Nixon-era case in which the Supreme Court left open the question of executive privilege.
And then she cited last year a ruling from the Supreme Court suggesting the privilege doesn't vanish when a president departs office.
To allow a subsequent president to eviscerate the executive privilege of his predecessor renders that privilege meaningless.
So this judge very carefully pointed out how Garland misunderstands the law and somehow thinks he is the law, that he has the final pronouncement.
And she said he doesn't.
He cannot make the ultimate judgment on the merits of the case.
That's up to the courts, not Merrick Garland.
So it was really a well-written decision by the judge.
So let's talk about the practicality of this ruling and what it actually means in this case legally.
Does it mean that this stops the DOJ from what seemed to be a path that they were forging to, I guess, go to Mar-a-Lago one day and put handcuffs on Donald Trump?
Well, the answer is tricky.
It's yes and no.
While it is true that the judge enjoined or stopped the Department of Justice from moving forward with their investigation based on those documents, they can still continue their investigation absent those documents.
You know, they have a grand jury.
We know that.
They could be proceeding along a different avenue until this document dispute is resolved.
So what they're doing behind the scenes, we just don't know.
But I thought one of the most important points that the judge made was, my goodness, Mr. Garland, at a minimum, shouldn't you be creating the appearance of fairness here?
You've opposed what is reasonable, the appointment of a special master.
And she quoted a case in which it says prosecutors have a responsibility not just to see that justice is done, but to ensure that justice appears to be done.
And she implied that, you know, this is a guy enamored of his own power, and he forgot that basic principle.
Didn't the judge, or didn't Merritt Garland rather, but in terms of what we know about the warrant and citing the Espionage Act, I believe it was, correct me if I'm wrong, I think it was Section 1291 that was so broad and so all-encompassing here.
And didn't the judge, Judge Cannon, you know, explain the significance of investigators and how they basically may have been violating Trump's constitutional rights by rifling through documents subject, for example, as we've discussed to attorney client privilege or executive privilege.
That to me, it seems to taint the entire case, not to use the word taint, considering they used a taint team to go over all of these documents and have been through all these documents.
So they can proceed all they want based on, quote, only things outside of the purview of what they got at Mur-a-Lago, but they've been through everything.
So if they had a direction they were looking to go in, that would either open the door for them or close the door for them.
And in their case, I would always bet it's to open a door to go after Trump even further on anything at this point.
Oh, I think that's true.
I mean, the judge did say, I don't at this juncture find that Garland and the FBI were callous in their disregard of Donald Trump's rights under the Constitution.
But she seemed to say, you know, you did everything else in violation of his rights.
You know, these taint teams are themselves tainted, as you've pointed out.
Why?
Because they work for the same boss and they have the same collective interest.
Moreover, the DOJ and the FBI have this shameful history of slimy, dishonest tactics, the Russia hoax, doctoring evidence, concealing exculpatory evidence, deceiving the court, and deceiving Congress about the information they knew that Trump wasn't a Russian agent who colluded.
So, you know, one of the interesting things in the judge's decision is she threw back into the face of Merritt Garland the fact that, oh, we separated our investigators with a filter team, a taint team.
And she said, oh, yeah, I've discovered already two incidents in which your investigators already looked at privileged documents they should not have looked at.
And so she basically said, Attorney General, you're being absolutely silly and unreasonable here in opposing a special master.
I'm a pointing one, you know, put up or shut up.
Let's bring in Donald Trump's attorney, Alina Haba, who's with us, who has an awful lot to say about all of this.
Alina, I want to get your take on it.
To me, this is a big win for the president, a big win for you and your legal team.
And I wonder, though, I'm a little concerned about the issue of being two weeks later and even the admission by Merrick Garland that they've rifled through everything already.
Right.
Well, the legal team that's handling this, obviously there's groups of us that handle different things, and they did a tremendous job.
I trust them implicitly.
But I will tell you, the judge actually stated and addressed this issue, and I was really happy that she did and kind of recited all the facts, recited the timeline here.
What most people don't realize, which I had mentioned on your show, Sean, is that the day after the raid, the team had asked the DOJ to agree to a special master.
What that means is legally, we would not have had to draft a motion, which is not something that gets put together in a day.
The DOJ objected to it the day after the raid.
So the DOJ not only does that, which, you know, attorneys frequently would discuss things and try and alleviate, you know, any attorney that wants to basically prevent a case from going into trial or prevent anything from being majorly public, which is not their intent clearly, would have agreed to this.
There's no reason not to agree to this.
All right, quick break.
More with Greg Jarrett, more with Alina Haba on the other side.
Then your calls, 800-941-Sean, if you want to be a part of the program.
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This is the Sean Hannity Show.
We continue now with Alina Haba, the president's attorney, and Greg Jarrett, Fox News legal analyst.
The minute they objected to it, why would I bet my last dollar that they had large teams of people going through every document around the clock 24-7 in case a special order ruling such as this had come out?
Absolutely.
The fact that, and anybody that's ever been involved in litigation or had to hire a lawyer knows that going through that volume of documents, there was no taint team of three guys secluded.
Okay, I would highly unlikely.
They must have had a tremendous group going through it quickly, knowing that, okay, we know they're going to ask for a special master.
We've delayed it, but we better hurry up and search through these documents.
This is the entire plan, in my opinion, and in most of the country's opinion, that they had.
They said, let's get a hold of the documents.
We can delay it long enough to wait for their attorneys to file an injunction.
Then we file it.
We have to wait for a hearing.
Then we wait for the hearing.
You have to wait for the order.
The order didn't come off the bench after the hearing, as we know.
The judge did place the order very quickly, but even in that order, she said that one of their arguments, which was weak and was not compelling, was that we sat on our hands for two weeks.
Well, they didn't sit on their hands for two weeks.
They asked them to approve it without judicial intervention, without going to court.
They denied it.
So there's a process to that.
It's not something you just ask for.
And to be honest, two weeks, as the judge put in her order, was very quick.
And she said that even case law indicates that even three weeks is quick.
So there was absolutely no indication of that.
And more importantly, and I agree with everything Greg Jared said.
He's always very on point with all of this.
Another point that she made was: we showed irreparable harm.
That's a very difficult standard.
Injunctive relief is difficult.
You have to show that the plaintiff, Donald Trump, the defendant here, would, well, he's not really a plaintiff or defendant yet, but he allegedly would be, has to show irreparable harm but for a special magister being put in place quickly.
And that was proven.
So we won that order.
And I'm really proud of them.
I think they did a great job.
They argued it well.
Would that render possibly anything that was taken?
And for example, if it was if a decision came down that the initial warrant was so overly broad and so intrusive that it rendered it unconstitutional.
In other words, it was an unreasonable search and seizure, that this should have been very, very, very specific.
Barron's bedroom and Melania's closet, for example, probably should not have been included.
Right.
So, you know, that would be a Rule 41 motion we're going to file, and we needed to get facts before you can file something like this so that you have merit and that you can show that you have reason to believe that this was overly broad and unconstitutional and violation of the Fourth Amendment.
So we have more information now than we did two weeks ago, right?
And we were waiting for that affidavit, which, although it was blacked out tremendously, having this judge's decision where she gives the timeline, gives us information with President Biden's communications knowledge that we didn't have before.
You know, most people trust the president when they speak.
When you instead hear that it's contradicting everything he's told the public, that's because, you know, we got to add that now to the motion and go through all of those things.
So because they were not cooperating and acting in kind, we had to get judicial intervention.
At this point, I think, you know, she said she has jurisdiction.
She said that that was important.
They tried to argue that President Trump has no right to even bring a motion when his home is raided, which is un-American.
I've never heard that in my life.
I mean, it was a far-reaching argument to say the least.
But now we have jurisdiction.
We have a judge who's hearing it.
We're going to proceed as we should.
Lena Habba, thank you.
And Greg Jarrett, thank you both.
We really appreciate it.
We'll have more on Hannity tonight, 9 Eastern on the Fox News channel.
A huge win for the president and his legal team.
800-941-SHAWN is our number.
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All right, 25 now to the top of the hour, 800-941.
Sean, if you want to be a part of the program, it's fascinating to watch all of these races now are beginning to tighten.
New York's gubernatorial race looks very tight.
Now Lee Zeldon, the Republican in the state of New York, and you got to factor in here that the last time we had a Republican governor in New York, you didn't have a mass exodus of conservatives and Republicans that we have since had because people just fed up with every aspect of New York.
Kathy Holkle is basically telling you: if you're a conservative, if you're a Republican, following in the footsteps of Andrew Cuomo, you're not a New Yorker.
Remember, he made that statement back at the time.
We're watching these races around the country.
If anecdotally, you can take anything out of the size of the crowd Saturday night at the president's speech in Pennsylvania, and then the minuscule Labor Day crowd in Pittsburgh with Joe Biden this weekend and that dark red MAGA Republicans of the Devil speech, which is unbelievable.
The Pittsburgh Post-Gazette is warning now that Fetterman's health problems may be disqualifying.
From their piece, they say Fetterman's campaign has acknowledged his obvious struggles with, quote, auditory processing and speech, but the persistence of those struggles is contrasted with the campaign's rosier predictions of a return to the rigors of campaigning, including debating Dr. Oz.
If Mr. Fetterman is not well enough to debate his opponent, that raises serious concerns about his ability to serve as a United States Senator, you think?
He's campaigned a whopping like 20 minutes and he barely speaks.
He was out this weekend, and again, it is so obvious he's struggling with basic communication skills.
Listen.
What is wrong with demanding for an easy, safe kind of their income, a path to a safe place for them to win, or excuse me, to work.
And then, of course, he discusses for the only time, I mean, he basically wants to run a Joe Biden basement bunker campaign and not answer questions about safe shooting zones, about Pennsylvania being a sanctuary state, about eliminating fracking and energy production in Pennsylvania.
That's $80 billion in terms of an industry in Pennsylvania.
It'll destroy Pennsylvania's economy.
This is madness.
Never mind no restrictions at all on abortion whatsoever, which means you're going to have an abortion up to the minute of birth.
Never mind his legalization of heroin position.
Never mind the fact that he chased down the street an innocent African-American jogger, stuck a gun in his face and held him captive and even admitted that he probably broke the law.
I mean, just every bizarre position.
And now he's not going to debate.
Here's his comments about that.
You turned down Dr. Oz's invitation to debate.
What made you come to that decision?
And do you think you'll debate him before the election?
Again, as I just said, this is just a sad approach at this point because they are trying to not focus on the condition of their campaign right now.
And when they want to get into a serious conversation and really talk about having a debate, I'd be happy to engage in that.
But right now, the fact that they have chosen to have a deeply unserious campaign to just ridicule somebody that is said he'd make accommodations if it was needed.
So, I mean, it's just baloney.
By the way, our friend Jeff Lord is, he was there over the weekend.
Where were you this weekend at the Trump speech or at the Biden deep red or light pink, depending if you were watching fake news CNN speeches?
Yeah, I was in Wilkesbury at the Trump rally.
And, you know, I have been to more than my share of these here in Pennsylvania.
And it was exactly as I would have expected.
Thousands and thousands and thousands of people were there.
They gave him a huge welcome.
And what was interesting to me was he had Dr. Oz and our governor candidate, Senator, State Senator Doug Mastriano, with him, both of whom were thunderously received in all of this.
And I listened to the Fetterman situation.
And, you know, this very day, the Pittsburgh Post-Gazette, which is not exactly a hard-right newspaper, came out with an editorial blasting Fetterman and said if he's not competent to debate and run for the United States Senate, then he shouldn't be in the Senate in the first place.
That's in essence what their message was.
Well, that's right.
And that message is going to catch on here.
And Fetterman is clearly deeply aware of it, which is why he doesn't want to do these public appearances and debate Dr. Oz.
By the way, he was even embarrassed to be seen with Joe Biden.
I mean, Biden was all over Pennsylvania for the last weekend, and he didn't want to be seen with him.
He's got 100 of his fiercest supporters.
And by the way, remember, this guy likes to dress like a tough guy.
And that's why I've invited him on this program for three hours to debate me.
Yeah.
And I'm like, okay, tough guy, Mr. Hoodie, Mr. Hoodie with tattoos.
Mr. I've never had a job.
I'm a trust fund brat.
And my family, I bought my home from my family for a dollar.
The guy's never worked a job in his life.
By the way, he missed more than 50 city council meetings.
But if you're for safe shooting drug zones and you're for heroin legalization and you want your state to be a sanctuary state and you're for no restrictions on abortion and you don't show up when you are the mayor of a tiny city, you miss more than 50 city council meetings.
That's a lot of city council meetings for a guy that doesn't have a real job in his life.
And now he doesn't want to debate and he's making every excuse not to debate.
It's obvious he's struggling.
It's so clear that he's struggling.
And there's this flag that he doesn't want anybody to see.
Fetterman's marijuana flag that he flies with his LGBTQ and transgender rights flags that he flew last year.
His campaign doesn't want to talk about that at all.
I mean, does this guy get to campaign under an hour and never debate and get to be elected as a senator?
No, I don't think so.
I don't think so.
And, you know, one of the sort of sleeping dogs here, President Trump in calling him out on Saturday night, he specifically wanted to know if he had used drugs.
Well, you know, curiously, Sean, for somebody who's advocating legalizing marijuana, Fetterman has yet to answer that question.
I find that interesting.
Well, we know he supports the safe shooting zones.
I don't think that sits very well with the values.
What I don't like is that this guy projects a phony image.
He's a phony.
Anybody can get a tattoo.
I have a hoodie today, as a matter of fact.
It's raining in New York, so I brought my hoodie.
Okay?
I like to be anonymous when I walk the streets, but I'm not wearing it because I think I'm a tough guy.
I'm wearing it because it's warm and it's kind of, you know, rainy and cold and crappy all over New York City.
I hate this place.
Like, you have no idea how much I hate this place.
And so, regardless, I mean, you know, by the way, he tapped a cop killer ally for the Board of Pardons.
What about the person that shot an 18-year-old to buy heroin that he let out?
When are these questions going to be asked?
Yeah, well, I think they aren't going to start to be asked.
By who?
I'm waiting.
He's going to catch up with him.
I mean, Sean, I will say this.
It's sort of traditional in Pennsylvania and probably other places as well that the campaigns don't really heat up until the day after Labor Day.
Well, okay.
Here we are, 62 days to Election Day.
But by the way, in your state, the Commonwealth of Pennsylvania, correct me if I'm wrong.
Doesn't early voting start in two weeks?
Yeah, I think that's right, Sean.
I think that's right.
And by the way, it was noticeable at the rally the other night that the president called for getting rid of mail-in balloting and also said that we should return to paper ballots.
Well, I agree with that too.
But with that said, if there's going to be a lot of early mail-in voting, Republicans need to adopt what the law is too and not wait till Election Day because maybe something, God forbid, happens on Election Day and you can't vote.
And if that's going to be the law, I think the recent Supreme Court decision in your state was unconstitutional.
As was law, what is it?
Legislative Law 77.
Act 77.
Yes, Act 77, which directly contradicted your own state's constitution, which spells out in very specific detail the rare circumstances under which somebody can vote by mail.
And the legislature, had they wanted to change it constitutionally, they could have followed the process of what's called the constitutional amendment.
Instead, they decided to pass legislation, which was the easy way out.
And that, to me, was unconstitutional.
Yeah, I agree.
And I think assuming we elect Doug Mastriano to the governor's office, I think Act 77 has a very short life after that.
I think it's done for.
I'm going to make a prediction.
I'm predicting Fetterman won't debate.
I'm predicting Fetterman can't debate.
I'm predicting he'll never come on this show.
And I'm predicting he's not even running his own campaign at this point.
He's got deep pocket Democrats that are flowing money all through Pennsylvania to influence the people of Pennsylvania.
That money's not coming from within Pennsylvania to Fetterman.
Yeah, I think you're absolutely right.
And I'm glad, Sean, in your case, that you are keeping up the pressure on him because he made a huge mistake in going after you.
And you are uniquely situated to keep calling him out.
And he needs to.
He keeps doing it.
I think the pressure is going to build on him.
Listen, you know, I've actually talked to a lawyer about it.
I won't disclose the contents of those conversations.
But what he said about me is a lie.
That would be libel.
That would be slander.
And he's using my name to raise money around the country.
I'm being told that people around the country are getting their inboxes filled with Sean Hannity attacked me.
Meanwhile, he won't come on Sean Hannity's show and answer basic questions.
And nobody up until, and I got to give the Pittsburgh Post-Gazette credit, at least they asked the question today.
At least they went there today.
It took them a long time.
We're two weeks out of early voting.
But if you're not going to debate before, I think every single debate should take place before anybody votes.
Yes, I think we've got to get that changed because to have voting before everything has occurred in the campaign, I mean, you know, and I know and everybody knows that you could, if you started voting tomorrow and then you voted and then something else happens a month from now while the campaign is active, well, then, you know, that can change votes.
And that is, this is just a huge, this was just nonsense on stilts.
What if Hunter Biden's laptop came out and we had 100 million votes already cast?
And let's say the media didn't cover for Hunter and Joe the way they did in 2020.
Would that have been a different result?
From my vantage point, I'd say yes.
Yes, absolutely.
Absolutely.
I mean, that's just plain old-fashioned common sense, and it's not being used here.
And I think that there is, judging by the reaction of that crowd in Wilkesbury the other night, I mean, these people are revved up.
That place was packed.
And these people are seriously enthusiastic.
They are determined.
And because I'm on TV, I got recognized by people and they wanted to talk to me and everything.
Wow.
Are they revved up and ready to go?
Well, the good news is it was a contentious primary.
I've spoken to most of the candidates, not all of them, since then, Dave McCormick included, and he's totally on board to help Oz.
Jeff Bartos is on board.
I mean, I got it.
Carly's on board.
I got to give every other candidate credit.
That was a bruising, bruising primary.
But now everybody knows the danger of Fennerman.
Fennerman will not serve the people of Pennsylvania.
Fennerman is being propped up by the Democratic establishment around the country.
He's not getting his money from inside of Pennsylvania saying Sean Hannity attacked me and lied about me.
But, Jeff, we appreciate you being with us.
By the way, what's his podcast?
The Lord's The Word of the Lord.
The word of the Lord.
It sounds sacrilegious, but it's not.
No, he's a Christian.
He's a wonderful person.
His last name is Lord.
It's sort of like we recorded one today with my Congressman Scott Perry, who is just terrific.
How's his cell phone doing these days?
How's the what?
How's his cell phone these days?
Yeah, well, we talked about this.
We talked about this.
You know, wow.
I mean, there's lots of work to be done with the FBI, that's for sure.
All right, Jeff Lord, we always love having you.
The word of the Lord.
Anyway, may you go in peace to love and serve the Lord.
Thank you, sir.
Appreciate you being with us.
800-941-SHAWN is our number if you want to be a part of the program.
He doesn't know where he is.
What are we talking about, bud?
We know where Sean is.
You can't intimidate us.
You cannot control us.
On 650 stations nationwide, Sean Hannity.
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All right, when we come back, shifting gears just a hair here.
We'll be joined by David Limbaugh.
You might remember Rush's brother, also dear personal friend, and his daughter, Kristen.
They have collaborated on a new book together.
It's about faith and the resurrected Jesus.
And we'll talk a little bit about their book and collaborating together and how much they, I know they miss with their Uncle Rush.
We all miss him, of course.
We'll get to that next.
We have a great Hannity tonight, 9-Eastern.
Set your DVR on the Fox News channel.
Tell you more about that coming up as we continue.
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