March 31, 2023 - Sean Hannity Show
33:15
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| This is an iHy podcast. | |
| Hour two, Sean Hannity Show, toll-free, eight hundred nine four-one Sean. | |
| If you want to be a part of the uh program on this Friday, uh live Hannity tonight, nine Eastern. | |
| We've got a great lineup for you. | |
| Tell you about that in a minute, uh, including our next guest, the attorney in this case uh against Alvin Bragg, the Manhattan District attorney. | |
| Um we have Joe Tacopina back with us, President Trump's attorney. | |
| Sir, how are you? | |
| Sean, I'm I'm good. | |
| A little tired, but I'm good. | |
| You know, just beginning the fight, and and uh, you know, it's been a long, long twenty-four hours, let's put it that way. | |
| Look, I've known you a long time. | |
| You are an incredible lawyer, you're a great litigator. | |
| You've been in you've done over a hundred jury trials, if I'm not mistaken in New York. | |
| Uh you've won them, even cases that people thought were impossible. | |
| Um first let me get to the details of where we where you are with the DA's office. | |
| I there were reports in the politico and elsewhere that Alvin Bragg wanted to arrest Donald Trump today, uh, but you guys said absolutely not, and you have to work things out with the Secret Service, uh as this is, you know, unprecedented territory. | |
| This has never happened before. | |
| Yeah, exactly. | |
| I mean, I think they were initially looking for uh uh surrender today. | |
| I mean, you know, he's at 530, we found out about this last night. | |
| He lives in Florida, the Secret Service is involved, so you know that just wasn't happening. | |
| Um working it out right now. | |
| Um speaking with them, and I think we're talking about uh a possibility possibility of doing this on Tuesday afternoon, Sean. | |
| What what we're hearing is Tuesday at about two fifteen. | |
| Just to make sure, are you are will you get into the nitty-gritty, the details of exactly what will happen that day, for example. | |
| Uh there's gonna be an arraignment, uh, there's gonna be a mugshot, there's gonna be fingerprinting. | |
| Are they gonna put handcuffs on the former president? | |
| Is there gonna be a perp walk of the former president? | |
| No, my understanding is there'll be no handcuffs at all here. | |
| I mean, it's you know, this is uh really gonna be uh something that none of us have ever seen in our lifetimes, and I don't think that that's where we're going here. | |
| Uh as far as a perp work, you know, he's not a perp, and so we shouldn't have a perp walk. | |
| But uh, you know, will they seek to to put on some dog and pony show and display? | |
| Of course they will. | |
| I mean, you know, that's uh that's part of the reason we're here. | |
| Um but listen, uh, you know, it's it's part of the course. | |
| Everything that's been done in this case so far is based on you know representation of the justice system, you know, seeking to to derail a political opponent, seeking to influence the election. | |
| So, you know, whatever they do, nothing would surprise me at this point, John. | |
| Nothing at all. | |
| Have we figured out what the 34 number means yet? | |
| We haven't. | |
| I mean, again, you know, it's it's frustrating that I I we learn about this case sometimes with the status of it or the number of cows. | |
| From the New York Times. | |
| From the Times. | |
| The Times is basically giving us the information. | |
| So, you know, we we they have not told us yet. | |
| They won't tell us until the indictment is unsealed. | |
| But it's I don't think it's gonna be anything too shocking or surprising, but we have to wait and see. | |
| I mean, I think it's all gonna be based around the interaction with this uh you know confidential degree with Storm Daniels. | |
| And maybe Kara McDougall, or you don't know. | |
| I don't know, Sean. | |
| I mean, again, it would be just there there are there are really i interesting pieces of evidence as it goes into this case, and we've gone over them in detail. | |
| We had the Michael Combs lawyer's letter from 2018, which is a completely exculpatory in a private transaction 2016 before the U.S. presidential election. | |
| Mr. Cohn used his own personal funds to facilitate a payment of a hundred and thirty thousand dollars to Miss Stephanie Clifford. | |
| Either the Trump organization or the Trump campaign was a party to the transaction of Miss Clifford. | |
| And we have Michael Cohn saying pretty much exactly the same thing. | |
| And then just to add more evidence, uh we have Stormy Daniels' signature on a January 30th, 2018 uh piece of paper, uh signing uh her own words that quote, I am not denying this affair because I was paid hush money, I'm denying this affair because it never happened. | |
| So where's the crime here? | |
| Well, you know, just think about what you just said, Sean. | |
| You just framed framed the issues. | |
| Their entire case is built upon people who are going to say, I've been a liar. | |
| I've been a liar throughout this entire episode. | |
| I've been a liar before. | |
| I was a liar. | |
| You know, and that's and but but ladies and gentlemen of the jury, You should believe me now. | |
| I mean, Michael Cohen has a pathological need for media attention and is a pathological liar. | |
| He's been convicted of a slew of federal criminal charges. | |
| You know, not just not just having to do with this, but but lying to Congress, lying to the bank, uh, regarding his his tax medallion uh, you know, scheme that he had there, tax evasion line to the IRS. | |
| Um, you know, it just goes on and on and on. | |
| And he's and i it's recently Sean, as as yesterday or the day before, he's literally on CNN, you know, because now he's a star, and he goes on CNN and says that, you know, he when he pled guilty to all these things, he really was just forcibly guilty to protect his wife or his his family, and in fact he wasn't really guilty of the ten. | |
| So that's him disavowing responsibility. | |
| You know, someone who's supposed to turn a corner and now be a truth teller, is is now saying, Well, when I pled guilty, I perjured myself because I wasn't really guilty. | |
| That's who they are building their case on. | |
| Um, he is he is constitutionally incapable of telling the same story twice. | |
| And and that's going to really be a problem for him when he if he ever has to get up on a witness stand in this case. | |
| It's it's it's shocking. | |
| And more importantly, Sean, let's assume for a minute, lightning struck, and everything Michael Cohen said was true, and everything Stormadanians said was true. | |
| Do you understand this? | |
| There is still no crime because there's no federal election law campaign violation at all. | |
| At all. | |
| Let me ask you about grounds to dismiss that you would likely bring up. | |
| I'm not asking for your specific p uh legal strategy here, but I would imagine uh there's gonna be a number of motions to dismiss. | |
| Uh I would imagine there's gonna be a motion to have a change of venue. | |
| Uh I would imagine that you will argue that the statute of limitations has has long since passed. | |
| I would imagine you will argue that it is based on this novel, faulty legal theory that has never been used before, and that a mere re misrepresentation on a government document is by itself criminal. | |
| That recording a payment of of husband is a legal expense. | |
| Apparently that didn't even happen as qu according to my sources, but um and that it becomes a felony only because the purpose may have been to violate federal, not state, campaign statutes. | |
| And remember, on the federal level, they passed on this case. | |
| I would imagine you'd argue that the charges you would seek a dismissal based upon the argument of prosecutorial misconduct. | |
| And especially selective prosecution. | |
| Got it. | |
| You got it. | |
| Tell me what you're w where you going with this. | |
| You seem to have gone to law school. | |
| I mean, you just hit basically what we think will be most of our our initial motions. | |
| Look, i it's to be uh a prudent lawyer. | |
| It's hard to say what we're gonna be filing until we see the indictment. | |
| Um we have to see the indictment, but I I can't imagine everything you just listed not being part of the arsenal of of legal attacks we're going to be making on this politically motivated uh case. | |
| There's nothing more. | |
| I mean, there this is look again, this this stuff scares me, to be quite honest with you. | |
| You know, i i the rule of law is now endangered, and quite frankly, it died. | |
| And all Americans, I don't care how politically inclined to the left or the right you are, all Americans should be concerned because today it's Donald Trump. | |
| You know, tomorrow it's a Democrat. | |
| The day after tomorrow, you know, it's your brother, it's your sister, it's your niece or your nephew. | |
| And it's starting to get scary. | |
| When we can decide that we have someone we don't like, as Mark Palmer said in his book, we don't like, we're gonna find something. | |
| And they scoured, scoured for three years, they scoured all of his personal and professional records to find something. | |
| And this is what they came up with. | |
| Something that does not even equal a crime. | |
| According to federal election officials and experts, I don't know what they think they're gonna do here, but what he's hoping for is look, uh he he indicted President Trump. | |
| So congratulations. | |
| You're the first to indict a a former president. | |
| Uh he appeased his his his financial backers, Alvin Bray. | |
| Great, terrific. | |
| Congratulations. | |
| Now he's gonna hope that he gets some judge who's intellectually dishonest, uh, a jury who is so blue that they can't see anything that Donald Trump is is doing, and and they don't want to, you know, regardless of the law and the facts, they'll still vote to convict. | |
| And then, you know, ultimately an appellate court would say, Ah, you know what's Donald Trump, forget it, forget the law, forget the Facts, forget the rule of law. | |
| That's what this is all this is how this has to be playing out in their minds. | |
| And it is a grave error. | |
| Well, let me ask you this, because you've tried cases in New York City courtrooms. | |
| Yes, sir. | |
| My question is, and Donald Trump said this himself. | |
| He warned that he can't get a fair trial in New York after an indictment on on these charges. | |
| Alvin Bragg ran to go after one man, Donald Trump, one organization, the Trump organization and one family, the Trump family. | |
| I would say off at the top of my head, you know, Democrats, liberals outnumbering conservatives, Republicans nine to one. | |
| That the odds are not in your favor that you're going to get a fair trial in New York City. | |
| Can you get a change of venue? | |
| Will that happen? | |
| Look, obviously we'll consider that we have to consider a change of venue, but a change of venue has to be based on on, you know, sort of legal principles that are that are found and and and facts that are found and things that not just because oh would it matter that Alvin Bragg ran uh as a candidate uh campaigning on the issue that he's gonna go after Donald Trump? | |
| I would say that would be an inherent bias on his part. | |
| And that has to do with the so like the prosecution, prosecutorial misconduct. | |
| Look, here's the thing. | |
| Um I understand why people would be concerned, really be concerned about about New York jurors being fair to Donald Trump. | |
| You know, I've tried, as you said, over a hundred jury trials, and I have to happen to have confidence in New York Jury to do the right thing. | |
| And I believe that people, all decent people were to politically opposed to Donald Trump or supportive of Donald Trump will be outraged by weaponization of a prosecutor's office. | |
| This is not a crime. | |
| The facts and the laws don't add up to a crime. | |
| And I think people are gonna start saying, Jesus, you know, I don't like this guy. | |
| I'm not gonna vote for Ms. President, but I'm not also gonna let this country become, you know, uh what what we used to look back on from the s former Soviet Union for communist China, even Nazi Germany, to the point where, you know, we're just gonna target people we don't like and to hell with the rule of law and to hell with the facts, I just want to go after this guy. | |
| I I I think New York jurors are savvy and and and gritty, and I still have hope. | |
| Look, we have to challenge everything that we can because we we don't want to be in a situation where he can't get a fair trial. | |
| But I also believe that this is so outrageous and so obvious that that a New York jury is going to, if we're before uh a New York jury, no matter where in New York, that they'll be able to see through this and and call it what it is. | |
| Uh I hope you're right. | |
| I I would actually even hope even more that you might get a change in venue, maybe upstate New York, maybe Long Island, anywhere, I think would be more fair uh than New York City and all of this. | |
| Quick break, right back more with President Trump's attorney, Joe Tacopina. | |
| Uh then we'll get to Don Jr. and Hannity at nine tonight as we continue. | |
| I would continue with President Trump's attorney, Joe Tacopina is with us. | |
| You've talked to the president, you've talked to his family, um I've talked to some of the family members. | |
| How's the president handling this? | |
| He is tough. | |
| I mean, he's a tough guy. | |
| You know, first it was uh a bit of shock and and and really disbelief. | |
| Um because we j you know, despite all the rumors and scuttlebutt and New York Times reporting, um, there just was still uh the hope that somehow justice and rule of law would prevail. | |
| That there's no way you could make this a crime when it's not a crime. | |
| Everyone has said it. | |
| Everyone from the left and the right who understands this said it's a crime. | |
| So he's holding up as well as to be expected, but I gotta tell you he's a tough guy, and he's someone who now is in fighting motion. | |
| And so now we're we're you know, rounding up the troops and we're we're gonna be, you know, constantly having meetings about how we attack this as soon as we get that indictment, you know, um, or as soon as the New York Times lets us know what's in the indictment, we'll uh we'll be ready to uh, you know, plan our our course of attack. | |
| But he's he's holding up, John. | |
| And look, you know, it it's not a coincidence that his poll numbers have seemed to have risen during this this this targeted prosecution, right? | |
| I mean, it seems like people what this has done for a lot of his supporters is basically confirmed his position that he's being targeted. | |
| It's the weaponization of the you know, the the system um is is being employed against a political opponent. | |
| And that is not what we want in this country. | |
| I mean, just anyway, here's the question. | |
| Does anyone actually believe Sean that if someone else were accused of paying hush money to avoid a sex scandal in the press in the matter that Donald Trump is suspected of doing, they would be prosecuted and never happened before in this country's history. | |
| I don't know if it's ever gonna happen again. | |
| I don't know if you saw James Comey's tweet. | |
| Oh, it's been a good day. | |
| Now, this is a guy that could not verify because the FBI in early of 2016 uh went has sent his agents over to meet Christopher Steele with a m million dollar offer. | |
| If he could corroborate the dossier, he could not, as Andrew McCabe said, without the dossier, they never would have got the Pfizer Warrant uh approved. | |
| Uh, but James Comey signed that f Pfizer warrant at the top of the Pfizer Warrant and says verified. | |
| Uh he signed three of the four warrants, and he's telling us that's a good day. | |
| Uh if Donald Trump lied to a judge like that, would he be uh prosecuted? | |
| Look, how about this? | |
| Let's say Donald Trump, you know, the the whole premise of this case is that this was a campaign donation, and therefore it was required that he make a filing with the FEC. | |
| That is not the case. | |
| The FBC is already said that. | |
| But let's now assume that Donald Trump subscribed or or his his advisors subscribed to the the ridiculous notion. | |
| This was somehow exclusively done for the campaign. | |
| Not for his personal life, but the campaign only, because that's a standard. | |
| And he paid with campaign funds, as he would be able to do. | |
| They would be baying for his scout right now, Sean. | |
| Campaign funds. | |
| He did everything the right way. | |
| This is not John Edwards who had some donor dish out a million dollars for him to hide his way. | |
| John Edwards was found innocent. | |
| And then hung, and then the Justice Department decided we're going to dismiss the case. | |
| Yeah. | |
| I think Emmett Flood was his lawyer at the time. | |
| I know he's a colleague of yours and uh a friend of yours, smart lawyer like you are. | |
| Um, we'll have the updates tonight. | |
| Uh Joe Tacopina, the president's lawyer will join us. | |
| Laura Trump's joining us. | |
| We've got a great lineup, nine Eastern. | |
| Uh Joe, thank you for being so generous with your time and updating uh this great audience of ours. | |
| Absolutely, Sean. | |
| Anytime you need it. | |
| Appreciate it. | |
| 800 941 Sean, if you want to be a part of the program. | |
| Uh we'll get to your calls coming up straight ahead, and Donald Trump Jr. weighs in as we continue. | |
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| Continuing to build the foundation for conservative victory. | |
| Victory. | |
| Now back to the Sean Hannity show. | |
| All right, 25 now to the top of the hour. | |
| Thank you for being with us. | |
| 800-941 Sean. | |
| If you want to be a part of the program, uh our legal panel will with Greg Jarrett David Schoen will join us in uh just a minute. | |
| At the top of the next hour, we'll check in with Donald Trump Jr., he will join us. | |
| Let me go back and let's get a little timeline here of how things have evolved with Donald Trump and this Manhattan district attorney, Alvin Bragg. | |
| Uh now, let's play Alvin Bragg, the candidate promising to investigate Trump as a Manhattan DA candidate. | |
| He's not in office, but again, I keep making the point, and this is crucial. | |
| Because if you if you want to live in a constitutional republic and not shred that document, uh if you want equal justice under the law, if you want equal application of our laws, if you don't want a dual justice system, if you don't want to criminalize political differences, uh when people run on on going after one person, one family, one organization, and then follow through on that promise. | |
| We've got a massive problem in this country in terms of the rule of law. | |
| So this is candidate Alvin Bragg. | |
| A lot of people are wondering whoever has this job. | |
| Are they going to convict Donald Trump? | |
| Look, that that that is uh the number one issue. | |
| I'm the candidate in the race who has the experience with with Donald Trump. | |
| I was the chief deputy in the attorney general's office. | |
| We sued the Trump administration over a hundred times. | |
| I'd be hard to argue with the fact that that's that'd be the most important uh most high profile case. | |
| Uh and I've seen him up front and seen the lawlessness that he can do. | |
| And you believe it should happen. | |
| I you uh I b I believe we have to hold him accountable. | |
| Do you believe uh Bragg and I've done I've gone after the Trump organization over a hundred times. | |
| What? | |
| This is insane. | |
| This that's that's not the America I know. | |
| That's not the constitutional republic we all love. | |
| Now, we had three big bombshells last week, which turned this case upside down and sideways. | |
| Uh one was the grand jury did get to hear from Robert Costello, but remember, in the case of a grand jury, and a lot of people don't know this. | |
| I'm not I'm not trying to be insulting by by telling people this, is that uh uh no honorable DA would ever bring these charges, or no honorable DA would run on on g going after one human being. | |
| Um, but a grand jury can indict a ham sandwich. | |
| You gotta keep in mind that a grand jury, uh the defense does not get any opportunity at all whatsoever to present any evidence to present their case uh that would contradict what a DA, especially a politically motivated DA, is putting before the grand jury. | |
| Um now that means that's what where the statement you can indict a ham sandwich comes from. | |
| Now the defense doesn't get the chance to do that. | |
| They don't present anything to the grand jury. | |
| Uh with that said, Robert Costello comes on this program and explains, and I think this is critical to this case, that, and he was a legal advisor, and he got a waiver from Michael Cohn that he could speak, and he said that Michael Cohn was distraught and suicidal and was talking about jumping off, you know, the top of a building, and that Michael Cohn, you know, he kept asking Michael, do you have anything on Trump? | |
| Anything on Trump? | |
| That's the only way that we can prevent you from going to jail. | |
| No, no, no, no, no. | |
| And then goes on a rant about how I'm not going to jail under any circumstances. | |
| And he interpreted that to be he'll do lie, cheat, steal, do what do whatever he has to do to prevent himself from going to jail. | |
| Listen. | |
| Michael Cohn, who, as I said before, was pacing back and forth, would suddenly stop in the middle of whatever he was talking about and turn and point his finger at us and say, I want you guys to understand, I will do whatever the F I have to do. | |
| I will never spend a day in jail. | |
| He said that at least 10 to 20 times during that two-hour period. | |
| It was it was a bizarre mantra, but it made it clear to us that Michael Cohn was saying, I will lie, cheat, steal, shoot someone, I will never spend a day in jail. | |
| Then there was the February 2018 uh letter uh that was so exculpatory in terms of the Trump campaign, and and I've read that letter now many times on the program. | |
| Michael Cohn even echoed those the remarks in that letter in a private transaction in 2016, before the U.S. presidential election, Mr. Cohn used his own personal funds to facilitate a payment of a hundred and thirty thousand dollars to Miss Stephanie Clifford. | |
| Neither the Trump organization nor the Trump campaign was a party to the transaction with Miss Clifford. | |
| And then of course it showed up, Washington Post, TMZ, other outlets. | |
| You know, this is Stormy Daniels denying January 30th, 2018, for example. | |
| I am not denying this affair because I was paid hush money. | |
| I am denying this affair because it never happened, and her signatures on the paper. | |
| Uh so anyway, those big three things from last week, but here we are, 34 counts uh joining us now, Greg Jarrett and David Schoen. | |
| Uh welcome back, both of you to the program. | |
| Good to be here. | |
| All right, let me, you know, and by the way, Greg has a new book uh coming out soon called Trial of the Century. | |
| Uh, David Schoen, you should be writing more books. | |
| And then I'd promote yours. | |
| Um You know Greg, you have focused in in great specificity and detail on the indictment resting on this bizarre legal theory and the flaws of this theory. | |
| Yeah, I you know, it just doesn't make sense. | |
| It's not just novel, it's bizarre. | |
| Intertwining offenses. | |
| Uh I I just don't see that this can withstand judicial scrutiny, assuming the judge who presides is objective and neutral. | |
| And of course, you know, as you pointed out, Sean, that's a big that's a big assumption. | |
| Uh, because the judges in New York are notoriously liberal. | |
| I in a perfect honest world, this would never get to a jury. | |
| You know, the DA accuses Trump of falsifying business records in the accounting of this payment to Stormy Daniels, uh, and then he he's taking that, which is a uh a misdemeanor, and he's coupling it with a purported campaign finance violation, according to leaks from his office, and he tries to elevate it to a felony. | |
| The law doesn't let him do that. | |
| That's a manipulation of the law. | |
| And I just don't see how he gets there. | |
| Beyond that, of course, there's the statute of limitations which would bar his bringing a prosecution, and the exceptions to those statute of limitations don't apply. | |
| Let's get your thoughts on the very same topic, David. | |
| Yeah, well, I mean, Greg's right on. | |
| But you know, when he says uh it's a bizarre charge and another you plan it and so on, it's never been done before. | |
| I mean, that's how bizarre it is. | |
| Let me tell you what Mr. Comey said when he was considering whether to bring charges against Hillary Clinton. | |
| Wait, the same Mr. Comey that told Lindsey Graham, knowing what I know now, I never would have signed the FISA applications. | |
| Uh and meanwhile, he knew then uh what he knew at the time of that he was being interrogated, that guy? | |
| Same Mr. Comey. | |
| And here's what he said about Hillary Clinton. | |
| No reasonable prosecutor would bring such a case. | |
| Prosecutors necessarily weigh a number of factors before bringing charges. | |
| There are obvious considerations like the strength of the evidence, especially regarding intent. | |
| And then he said reasonable, responsible decisions also consider the context of a person's actions and how similar situations have been handled in the past. | |
| It's remarkable that they've never used this combination of laws before, and they want to try it out on a president of the United States. | |
| The statute of limitation is another very interesting question. | |
| It was upheld. | |
| This idea that you exclude the days that a person is continuously outside the state was upheld in the 1990 k nine nineteen ninety-nine case called People versus Noble. | |
| And what they emphasized in the case was that it's meant to apply specifically here. | |
| The focus of the tolling provision of this statute 30.10 is quote, the difficulty of apprehending a defendant who is outside the state. | |
| Was there any difficulty in finding out where Donald Trump was every minute of every day? | |
| Absolutely not. | |
| They indicted him when he's outside the state. | |
| I went through in the in the first hour of the program, touched on it with Joe Tacapina, the president's attorney, uh, what will happen uh Tuesday at 2 15, what this means for Donald Trump, uh, you know, the the charges, uh what follows the indictment, will they perp walk him? | |
| Will he be in handcuffs? | |
| There'll be a mugshot. | |
| We know that. | |
| Uh there'll be fingerprinting, we know that. | |
| Uh will there be bail or will they try to silence Donald Trump? | |
| Uh, which they have done in previous cases. | |
| Roger Stone case in point, Paul Manafort, uh case in point number two, Greg Jarrett. | |
| What is going to happen next Tuesday? | |
| Well, I think there'll be a process. | |
| The Secret Service will make sure that the president is properly protected. | |
| Uh, the usual filling out forms, background information, uh, fingerprinting and so forth. | |
| Yeah, they'll probably be a mug shot. | |
| If I were Trump, I'd smile. | |
| Uh, because that mugshot's uh gonna be all over the place. | |
| Um but you know, I I would know what Pete Hags said last night. | |
| And I I think he's right. | |
| Those mugshots are gonna be on t shirts and hats. | |
| Uh I mean, uh I ought to go into the business and we'll all be able to retire you know much earlier. | |
| You uh said Something really important, Sean, and that is that uh this is a guy, Alvin Bragg, who ran on the promise that he was going to uh get Trump. | |
| Under the code of conduct that governs prosecutors in New York, he is duty bound to be fair and impartial. | |
| And the code says he has to refrain from methods calculated to produce prejudice. | |
| His decisions cannot be driven by political bias. | |
| He has to be neutral beyond question, such that the appearance of a conflict of interest is grounds for disqualification. | |
| So he seems to have forgotten one of those sacred canons of professional ethics. | |
| The primary duty of a prosecutor is not to convince, but to see that justice is done. | |
| And then the American Bar Association's ethical standard reads when deciding whether to initiate or c uh continue an investigation, prosecutors should not be influenced by partisan or other improper political considerations. | |
| No personal animus toward a potential subject. | |
| He is expressed, you played the cliffs. | |
| He has expressed his personal animus and is promised to get Trump. | |
| He has breached not only the the you know the Bar Association standards, but also New York standards that govern prosecutors. | |
| All right, quick break, right back. | |
| We'll continue more with attorneys, Greg Jarrett and David Schoen on the other side, then we'll get to your calls. | |
| Uh, and Don Jr. will be joining us as well as we continue. | |
| Sean, our number, if you want to be a part of the uh program. | |
| Let me ask both of you this question. | |
| What would mo motions would you make? | |
| For example, a motion to dismiss. | |
| Uh I would go after Alvin Bragg having prejudged this case based on comments that he's made. | |
| Uh change of venue. | |
| Uh, David, uh I'll ask you first, then Greg, I'll ask you. | |
| Well, I'll tell you this. | |
| I mean, again, you don't have a great choice of judges in this court, but the reports have been so far that this case is going to be assigned to Judge Murchan. | |
| Um, I've been in front of him. | |
| Uh if it gets assigned to Judge Murchan, there should be an immediate motion to recuse because then they're playing games. | |
| Murchin was assigned to the Trump organization case, to the Bannon case, and now to this. | |
| They have a historic practice in this office, DA's office Manhattan, the only office in the state that does it, where they pick a judge to oversee the grand jury process, and they pick the judge because that judge then stays on the case for the duration. | |
| It was challenged in state court, and the challengers lost, but in federal court they suggested this could be a real problem. | |
| Um and in this case, that Murchan would have been handpicked. | |
| You deserve to have the case go into the wheel. | |
| Um he's uh Trump hater all the way through. | |
| That's not good. | |
| So if you're Joe Tacopina, Greg Jarrett, what are you uh focusing on? | |
| What motions would you be putting forth? | |
| Well, I I would file a motion to dismiss arguing that the case is not supported by the law, and that the alleged facts do not amount to a crime. | |
| And as I said, you know, he he he doesn't have jurisdiction to pursue a federal uh campaign finance violation. | |
| He is a local prosecutor. | |
| He is restricted to charging under state law, so to bootstrap a federal law for the purpose of elevating a dubious misdemeanor into a felony is just not permitted by the law. | |
| That's an errant manipulation. | |
| I want to add one more thing, if I can made really quickly. | |
| You know, the President Trump had every right to resist extradition in this case, and Florida has very interesting extradition statute. | |
| Under 941.04, the governor has a right and duty to investigate the case. | |
| Now he can't just, you know, say no to the extradition request because he thinks maybe he's not guilty. | |
| But in this case, he had the right to investigate it. | |
| That means make them produce some evidence, make them prove it wasn't a scam. | |
| It would be a great opportunity for the defense to see their hand and for Governor DeSantis to really evaluate it. | |
| He has said he would not cooperate with it. | |
| So ordinarily extradition is a slam dunk. | |
| Um maybe politically it makes no sense maybe for him to resist it. | |
| But uh it would be within his rights 100% to at least make them prove the case for the extradition purposes to the governor's satisfaction. | |
| You know, I I gotta tell you, I think there are a number of grounds that they're likely to engage in. | |
| Uh, you know, they'll say it's based on the faulty legal theory that you were referring to, uh, Greg Jarrett, uh, you two David, uh Trump's lawyers will argue that the charges are barred by statute of limitations. | |
| Uh, his lawyers will seek a dismissal based upon the argument of prosecutorial misconduct and selective prosecution. | |
| I think they will all be powerful arguments. | |
| But uh, I gotta run. | |
| I gotta say thank you to uh both of you for being with us. | |
| We really appreciate your time. | |
| David Schoen, Greg Jarrett, thank you both. | |
| Thank you very much. | |
| All right, 800-941 Sean. | |
| If you want to be a part of the program, quick break right back this Friday, Hannity Tonight Live on the Fox News channel. | |
| Uh, we've got a great lineup, Joe Tacopina. | |
| We'll check in with Laura Trump. | |
| And we got so much going on tonight. | |
| Nine Eastern, set your DVR, a busy Friday news night, and uh quick break right back. | |
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