Sean Hannity Show - Best of Hannity - Jay Sekulow - March 29th, Hour 2

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Best of Hannity - Jay Sekulow - March 29th, Hour 2

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	This is an iHeart Podcast.
	All right, thanks, Scott Shannon.
	Hour two, Sean Hannaday Show.
	Tollfree, our number this Friday, 800-941 Sean.
	If you want to be a part of the program.
	Pretty fascinating when Fonny Will Willis and in light of the ruling today that even legal analysts on fake news stations are saying is pretty devastating to her.
	But listen to her in 2020 calling for the previous DA to be removed from office for doing exactly what she did.
	Listen.
	You say, Miss Willis, Judge Willis, what what law did he violate?
	A few.
	But let's try this on for size.
	OCGA 45115.
	Extortion.
	Subsection A. As used in this code section, the term extortion means an unlawful taking by a public law officer under color of his office from any person of any money or thing of value that is not due to him or more that is due to him.
	Any public officer shall be by himself, his deputy or his agent or other in-person employed by him be guilty of extortion and receiving other and greater fees than by law or allow him, shall be guilty of a misdemeanor and repeat this part for me.
	And shall be dismissed from office.
	Not maybe, shall be dismissed from office.
	Then we've got Fonnie Willis accusing, you might recall her critics of playing the race card, which came out pretty early.
	But dear God, are you listening?
	Why does Commissioner Thorne and so many others question my decision on the special counsel?
	Lord, your flaw hard-headed and imperfect child.
	I'm a little confused.
	Is my right to do?
	Paid them all the same hourly rate.
	They only attack one.
	I hired one white woman, a good personal friend and great women.
	a superstar I tell you.
	I hired one white man, brilliant, my friend, And a great boy.
	And I hired one black man, another superstar, a great friend, and a great winner.
	Oh Lord, they're gonna be mad when I call them out on this nonsense.
	First thing they say, oh, she's gonna play the race car now.
	But no guy, isn't it them who's playing the race car when they only question one?
	Uh-huh.
	Isn't it them playing the race card when they constantly think I need someone from some other jurisdiction in some other state to tell me how to do a job I've been doing almost 30 years?
	Now you even have MSDNC, their analysts calling for Fonnie Willis to step down, uh calling it an almost fatal blow.
	Even at fake news CNN, uh they're saying their calls for Fonnie Willis, you know, ruling of a gift for Trump and code defendants and how optics matter.
	Well, you'd think the affair, as I said earlier in the last hour, the affair was real.
	That we know.
	Uh, you know, without sufficient evidence, the DA acquired a personal stake in the prosecution, or that her financial arrangements had any impact in the case, the defendant's claim of an actual conflict must be denied.
	Uh, excuse me, and then you go on to this whole appearance of impropriety.
	It's not an appearance, because it actually happened.
	And then going as far as even saying that the case is tainted and how reasonable people, reasonable questions about whether the DA and her hand-selected lead district attorney testified untruthfully about the timing of their relationship.
	I guarantee you, if it was a Republican or you had the last name Trump, you probably would be looking at potential perjury charges here.
	You know, so we'll see what happens.
	Anyway, here to uh weigh in on all of this.
	He's the chief counsel for the American Center for Law and Justice.
	They have been they have been filing Amikus Fries in all of these big Supreme Court cases.
	Uh probably I would say they had the defining brief filed in the Colorado case and in terms of have allowing Donald Trump's name on the ballot, uh Jay Seculos back with us, uh also full disclosure, my personal attorney, which he's very embarrassed by.
	Uh, sir, welcome back to the program.
	And I'm never embarrassed representing you or your family.
	Just to be clear.
	I want the reconner, I want the record to show.
	Uh let's get your take on this.
	Pretty devastating, and and what do you think it means, and where does it where do you think it goes?
	Well, look, I mean, let me go back a couple of steps.
	And you know, you look at the 14th Amendment cases, his attempts to take Trump off the ballot.
	We actually represented the Colorado GOP, so we were a party in that case.
	It wasn't uh just a friend of the court brief, it was a marriage brief.
	Uh look, I think this judge got it wrong.
	You cannot conclude, and he did say this.
	He concludes that and this is uh the odor of mendacity surrounds this case.
	That means the odor of false statements of lying surround this case.
	Well then how in the world did you let either one of them stand?
	How in the world did you let either Willis or Wade maintain their position?
	So here's the problem.
	He also finds that the speech that Fawney gave at that church was legally improper.
	But he still gives her the choice to decide who stays, whether it's her or Wade, and if Wade goes, she gets to prosecute the case.
	I think this was ridiculous.
	I think this judge was wrong.
	I think it was the lack of experience.
	I mean, I know some punits it's it's bad for Fawny because he makes these findings, but the conclusion of law allows her to proceed, and I think that's really outrageous.
	And uh is there any effort or any any possibility of appealing this or taking this to a higher level?
	Yeah, so you can file an interlocutory appeal to the Georgia Court of Appeals.
	It's discretionary, not likely they will grant it at this stage.
	So I I think that they're gonna have the lawyers are gonna have to proceed uh in this case, recognizing that the Fawney Willis will be the prosecutor and uh Judge McAfee will be the judge, and maybe his rulings will be better in some of these other issues.
	Well, well, hang on a second.
	Wouldn't that mean that the boyfriend that spent all this money that she was paying him on their elaborate and and extravagant vacations?
	Uh what he gets thrown overboard?
	You mean she's not going to throw herself overboard?
	He gets thrown overboard, and they the judge says, you know, there's other forums or sources of authority, such as the General Assembly, the State Ethics Board, the State Barb, Georgia Fulton County Board of Commissioners, or the voters of Cook Fulton County may offer feedback on any unanswered questions.
	In other words, what happens to the evidence that Wade collected when he shouldn't have been there?
	We call it in the law the fruit of the poisonous tree.
	And you cannot eat the fruit of the poisonous tree.
	So all of the evidence he gathered should be omitted.
	Judge really doesn't address that.
	That'll probably come in a separate motion.
	I think, and and where would that be filed?
	In the well, you're saying that if they went forward there.
	Yeah, and the judge is up for elections, so if he loses, he's not the judge in May.
	Well, I mean, I uh you know this is one thing a lot of people didn't know.
	Now that they're not partisan elections.
	You don't run as a Republican or a Democrat, but obviously this guy has a higher profile than any other judge in this election.
	Uh so he had the most at stake here.
	Uh I don't know.
	I mean, w was he threading the needle between perhaps his desire to stay on the bench in this case?
	I don't think there's any question.
	No.
	I'm uh I mean it c how could it not be in the back of your mind knowing that you got an election in a couple of months.
	Trying to stay on the bench and he he he chastises Fawney but doesn't throw off, gives her the option of throwing herself off or Wade.
	Well, I wonder what she's gonna do, right?
	Um so yeah, no, it's terrible.
	Let's look at uh at all the cases now that the president is facing.
	Uh there seems to be the delays here, there, and everywhere.
	Uh we saw in the New York case, Alvin Bragg said he'd be o okay with a 30-day uh extension before the the trial would start.
	It was supposed to start, I think, next week, actually.
	And now that's not gonna happen, and and now it'll go at least another month, and and maybe there'll be other motions that are filed that would prevent the start of of that case.
	Uh we're waiting for a lot of things to happen as it relates to the Washington DC case, not the least of which is the Supreme Court has decided to take up the issue of presidential immunity.
	I know you're gonna be filing a brief in that case if you haven't filed it already.
	Right And and then we got the case down in Florida where where the judge actually I I thought brought up some very interesting points yesterday on on this particular case, and she questioned why Trump was the only person charged with the handling of classified materials, which I think is material to the case.
	In other words, do we have equal justice under the law, equal application of our laws?
	Yeah, but uh I Sean she denied the motion to dismiss.
	She denied it to dismiss, but she what I found interesting in the hearing was you know, the idea that she brought up, you know, in this case prosecution.
	Right.
	Elective prosecution, exactly.
	So that can be made in another motion, and there are two other motions pending.
	So let's go back Jack, so you got the the Newark case, the Alvin Bragg case has been postponed for at least thirty days.
	My my feeling is that's gonna get postponed a lot longer.
	I think that's gonna go much slower.
	I don't think they're prepared.
	They were just handing documents over to the defense lawyers, which was absurd, uh, you know, two weeks before trial.
	That it's nonsense.
	So that in that case is uh is a very weak case, and everybody acknowledges that that's the weakest case.
	Jack Smith has got a lot of hurdles.
	Well, well, slow down though.
	It's a weak case, but it's a weak case brought in a in a venue that's not friendly towards Donald Trump.
	We saw that in the civil trial.
	Right.
	I mean, th this judge who's who's trying to decide a case based on whether or not the Trump organization put forward phonia valuations throughout the entire trial stuck to a valuation of Mar-a-Lago that was completely and utterly false, and that Mar a Lago was eighteen million dollars, and it's not.
	It was closer to a billion dollars.
	I think that I think on appeal, that judgment will be cut in half, or maybe even more.
	The Alvin Bragg case is gonna move slow and there's gonna be a lot of hurdles there.
	Yes, it's not a friendly jurisdiction, but the president's got some very good defenses.
	As it relates to the Jack Smith's case, Jack Smith right now has two major hurdles.
	First hurdle he has, which will also be heard at the end of April, is that another a protester from January sixth challenged the statute, which is two of the charges against President Trump as well, on the obstruction of an act of Congress.
	Judge Catzus at the U.S. Court of Appeals for the District of Columbia were a very good dissent in that case, saying that the statute was being interpreted over broadly.
	It would impact First Amendment rights.
	And uh, we filed in that case as well, and I think their court's gonna reverse so two of the four charges go there.
	Then I think the judge in the case involving the Jack Smith's prosecution on the issue of immunity, if Trump's lawyer now we're gonna argue it this way, uh representing the parties we are, but if Trump's lawyers go in there with a limited presidential immunity for official acts, I believe he will win.
	They will reverse the district court, the district court will be reversed on two points.
	One that immunity expires the moment the president's out of office.
	That doesn't even make sense.
	Because then it's not really immunity.
	Let's think about that for a moment.
	And then number two, um, that it includes the outer periphery of official acts.
	So then there'll be a determination going back to the district court as to were the allegations in the indictment acts that might be deemed official.
	They involved election integrity.
	The president is required in the Constitution to faithfully execute called the faithful execution clause, execute the Constitution of the United States, and he will be able to argue that those were indeed official acts.
	If they were, he's immune, and that case is over with.
	All right, we continue now with Jay Sekulow, Chief Counsel for the American Center for Law and Justice.
	Okay.
	Now this is very clear.
	I want people to fully understand.
	Now, I thought it was a mistake, the argument that was being made by the president's attorneys about absolute immunity.
	This was the lower case oral arguments that were being made.
	And it came up, I believe the hypothetical came from the judge and or one of the judges in that case uh on that case that well the uh if does absolute immunity mean that a president could order SEAL team six to kill or assassinate uh their chief rival and political opponent, which it was an obscene and absurd analogy on and on the face of it, but easy question.
	The lawyer didn't uh uh jar didn't use that Answer, but the answer would be those would not be deemed official acts, so those would not be within the context of presidential immunity.
	Now, as it relates to when the president could thus be charged with that, you have the issue of sitting presidents can't be cannot be charged while in office, so you've got that issue.
	But that goes to timing of the proceeding.
	But to say the president wouldn't be liable for that or would be immune forever for prosecution for ordering the assassinate of a political uh opponent would be ridiculous.
	Of course.
	Totally.
	All right, so let me let me ask big picture with what you see going on in New York, DC, uh Fulton County, Georgia, Florida.
	Do you see any of these trials before the election?
	I I you know, maybe New York.
	I don't see Eileen Cannons or the Jack Smith cases in uh in Washington going before.
	So I think maybe Eileen Cannon, not likely, and I think Bragg, I guess.
	Bragg Bragg but would likely happen.
	By the a and of all the cases out there, now the previous DA in New York, Cyrus Vance had passed on prosecuting Donald Trump on that issue.
	And and that goes back to twenty sixteen.
	Everybody knew about Stormy Daniels in twenty sixteen.
	Right.
	The FEC also passed over to the Department of Justice.
	All right, hang on, we'll hold Jay uh one quick question uh on the timing and what we could expect.
	Another question for Jay on the other side.
	We'll come back, we'll continue.
	Jay Seculo, he is the Chief Counsel of American Center for Law and Justice, then we'll get to your calls next half hour as well.
	800 941 Sean, if you want to be a part of the program.
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	The handman is back on the radio right now.
	All right, 25 to the top of the hour.
	Toll-free number.
	We'll get to some of your calls this half hour.
	800-941 Sean, if you want to join us.
	All right, Jay uh Seculo has agreed to stay a few moments with us.
	He is the chief counsel for the American Center for Law and Justice.
	I don't want to rush through the the timeline here, because in two hundred and thirty-four days, America, I think has a a tipping point election in in front of us.
	This this is a a critical moment for the country, in my view.
	And I don't think the I I I I don't think the country can survive four more years of Joe Biden and his insane policies.
	That's my view.
	And the issue of these legal cases and legal hurdles that Donald Trump is facing are real.
	We've got the case in New York, the case in DC, Fulton County, Georgia, in light of today's news, and then of course, we have the case down in Florida.
	Okay.
	Let's walk through the timing of this.
	What you see coming in each case, starting in New York, we'll work our way down south to Washington to to Georgia to Florida.
	Okay.
	So in New York, in New York, you're on a 30 day delay, so now you're talking mid-April as a start date.
	Will there be additional delays?
	My guess is there probably will be.
	But I think that's the one case that might go to trial before the election.
	Probably the least consequential and certainly the weakest of the cases.
	So that's why I think that one plays out.
	The second case, if we go if we're just going to keep moving southern, south, would be the Jack Smith indictments on January 6th.
	There are two legal hurdles that Jack Smith is facing in that case.
	One is the Supreme Court granted Sir Ferrari on the immunity issue.
	The immunity issue uh is whether a president can be charged with a crime once he leaves office for acts taken while he was president.
	Um I think our position is that we're advocating in the Supreme Court is that it's a limited presidential immunity, limited to official acts.
	But that election integrity would certainly fall within the faithful execution clause of the United States Constitution and thus would be deemed a um a official act.
	That would go back down to the district court for hearings and probably w appeals from there.
	So no way Jack Smith's case goes to trial just on that issue.
	But then complicated one more.
	There is a case that they also took, it's gonna be argued probably the day before the other one is, where the issue is the interpretation of the interference with Congress.
	It's Fisher versus the United States.
	And in that case, Judge Catzus at the DC Court of Appeal said that the interpretation that the government was giving to the co to the interference with official acts of Congress was overbrought and violated free speech.
	Everyone thought the Supreme Court would deny review.
	They did not.
	I think that's an indication that they're going to reverse.
	I think they will reverse on that one as well.
	That knocks out two of the four counts of the indictment.
	So there's no way that case is going to trial before the election.
	Then we gotta go to Fulton County.
	It doesn't go to trial before the election, Sean, there's no way.
	But it's likely to go to trial at this point.
	Now, if he wins the presidency, under the case I argued, uh Vance versus uh Trump.
	They're not gonna be able to do this while he's a sitting president.
	So if he wins, that case likely goes away.
	Eileen Cannon is a little bit of an unknown in the sense that there was a motion to dismiss yesterday that she denied.
	There are two others pending.
	That documents case, I think would be it'd be a very close call whether she'd let that case go, and it probably couldn't go until September and actually and that is awful close to the election.
	So I think probably not.
	I got the indication that she was almost signaling to the defense.
	Um your real argument here probably is selective prosecution.
	Now I I I got that feeling.
	Now, if you go back to the Colorado case, and your brief was spot on in that case, and and I felt that the justices, even during or oral arguments, had read your brief because a lot of a lot of the questions they were asking seemed to come directly out of it, and you did file it before the oral arguments, if I'm not mistaken.
	Of course.
	And and and in that case, what was fascinating is I felt for for both sides, the Supreme Court justices were actually telling the defense and the prosecution what their argument should be.
	And it was fascinating to me because neither one wanted to cede any ground and accept that they were giving them the answer that they wanted to hear.
	I was kind of laughable to me.
	Yes.
	So the the question will be there.
	There'll be a whole series of pretrial motions.
	We're nowhere near that phase right now.
	We had one.
	So that's why I don't think the case goes before.
	And she has raised concerns over selective prosecution.
	President Biden treated one way, President Trump seated somewhere else.
	And what's interesting about that is Biden had no authority to declassify documents, and President Trump had absolute authority to declassify documents as president.
	So it's a you know, it's ridiculous.
	I think it's two-tiered system of justice and also the reality is but I that's why I don't think it goes to trial before.
	Okay, so that means uh for Donald Trump from his perspective, uh I don't really think the Stormy Daniels case is gonna have much impact on people's thinking or voting, considering they've known about it since prior to the 2016 election.
	Uh so I think it's an old issue, and and that would mean that okay, Donald Trump then has an opportunity or clear path to actually run for president without being distracted and being in our courtroom half the time.
	All right, Jay, I know you stayed longer than you thought.
	We appreciate it.
	Jay Seculo, Chief Counsel, American Center for Law and Justice, sir.
	Thank you.
	We appreciate you being with us.
	800 9401 Sean is on number.
	If you want to be a part of the program, let's go to Ohio, the Buckeye State.
	Let's say hi to Kyle.
	Kyle, you're on the Sean Hannity show.
	Happy Friday to you.
	Happy Friday to you, Sean.
	Thank you.
	It's an honor to be c talking to you again.
	How are you today?
	I'm good, sir.
	Fantastic.
	Hey, I'm calling uh, you know, on Wednesday, I know we were all excited as Republicans uh jumping up and down after Trump they got those three charges in the eighteen total um people that were being convicted in Fulton County, those charges dropped.
	And uh usually I'm a glass hat full kind of guy.
	And uh, you know, I I just took a second, I said, you know what, I think this is the bone that the judge is throwing to us Republicans saying, hey, I'm nonpartisan, I'm up for reelection, like Mr. Seculo just said, and that's the only bone that we're gonna get thrown in this.
	And I think today's judgment has shown that of, you know, we're not taking them off the case.
	Both of them as they should be taken off the case, but this is a one or the other you guys pick and let's move forward.
	Well I I think you're right and and your analysis is is pretty much in line with what Jay was arguing here.
	Uh however, I mean the the fruit of the the poisonous tree, all the evidence that was accumulated by this boyfriend of Fonnie Willis now uh would be in inadmissible and that's gonna be a a m there's gonna be a major hearing on that one issue alone.
	Um I think this guy tried to split the baby if you will not to use a disparaging term or just thread the needle I guess would be a better term.
	Uh and I I just think he came off asinine and is in and in his judgment I think he just was wrong and in his conclusion on this and he's almost kind of acknowledging by doing it that he's wrong but he did it anyway and and that's the danger of ever being in a judicial system of any kind.
	You just don't know there are always other considerations that are on these judges' minds and you don't know what that is.
	Uh I think also the fact that he's a fairly new judge contributed to this.
	I I d I don't think this was a decisive strong ruling that was based on laws and ethics out of the state of Georgia.
	I just don't I agree with you.
	I I think that you know it it's just I think he's just trying to play politics with it and and it's very unfortunate that the rule of law was not at play here.
	This was just all for his next election.
	Welcome to Joe Biden's America because we're all living that nightmare right now which is the weaponization of justice and and if we don't stop this you're gonna lose your country because I would not want any Republican to ever weaponize the Justice Department to go after Democrats.
	I wouldn't want it.
	I wouldn't put up with it.
	I'd be their fiercest critic anyway appreciate the call my friend you have a great weekend.
	All right we'll take a quick break.
	We'll come back more of your calls 800 nine four one Sean if you want to be a part of the program.
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	That's B Y R N A dot com slash Hannity back to our busy phones.
	Let's say hi to Professor Somebody.
	Hello professor I I can't read the name on my screen.
	Hi Sean uh this is Professor Katz how are you and I God bless you and thank you and Linda for everything that you do.
	Um I was really calling about first of all uh uh check Schumer, you know, and and the Democrat Party always talk about with President Trump that democracy's on the ballot when actually if President Trump doesn't get back in, we're gonna lose our democracy because they're the ones that are attacking not only our democracy, but our greatest ally, you know, Israel.
	I mean, for the Senate majority leader to get out um right after the horrible State of the Union speech and basically repeat the same talking points that President Biden spoke about was just horrendous.
	Um he doesn't speak for the Jewish people, he doesn't speak for um my mom, who's a 96-year-old Holocaust survivor, or any of my aunts who are Holocaust survivors, or any of the Jewish conservatives that are out there in America.
	Um Jay Zekulo represents us.
	So um when he said that in his speech that he speaks for the majority, no, he does not.
	Um he doesn't speak for all of the Christian people and people everywhere of goodwill who support Israel.
	When he attacked Prime Minister Netanyahu and said that he is the one who's blocking the ceasefire and the peace, um no, that would be Hamas.
	Hamas has turned down every single ceasefire, and even when they had a pause, all they did was still lob missiles in Jerusalem and and bombs um with at checkpoints and um attacked now with Hezbollah in the North, and it's his party that supplied the billions of dollars to Iran that took off the sanctions that prime that President Trump put on that embolden Iran to give the money to Hamas to Hezbollah,
	and for him to push a two-state solution, where's the what is it gonna be?
	Um a Hamas led so um uh Professor, you're a very smart woman.
	Let me ask you a question, because I I concur completely with your analysis here.
	And this was political.
	And you know, the idea that America does anything short of of encouraging, assisting, and helping Israel defeat the terrorists that attack them on October seventh, uh, to me is morally repugnant.
	Uh we didn't expect people to uh tell us what to do after 911.
	Uh you extrapolate out a population, and as I said many times, it's about 40,000 Americans in a single day that would have died.
	Uh and now, you're very smart.
	Why did Chuck do this?
	I think he did it to placate the left because there was ding ding ding ding ding ding ding ding ding.
	There you go.
	That is to placate the radicals that now run the Democratic Party.
	That's it.
	You nailed it.
	You got an A plus.
	I'm gonna give you a gold star, Professor.
	Well, I it's been it's from listening to people like you, Sean.
	You know, it rubs off on all of us.
	But I think that they're so afraid that they're gonna lose.
	They saw uh how well President Trump did in Michigan and Minnesota and all these states that they supposedly said they won last time around, but um, you know, they saw Pennsylvania and they're just trying to basically, you know, you could even see when when Biden was speaking at the State of the Union, he was looking right at the squad.
	He was aiming his remarks to them.
	He didn't look like out.
	I mean, let me let me tell you what precipitated this more than anything else.
	The Michigan primary for Joe Biden, where eighteen point nine percent of Democratic voters chose anybody but Joe.
	That is what this is about.
	That is pathetic.
	That is sad.
	It is what is it is everything that is wrong in politics today.
	I can't say it any better.
	And they and they aren't um uh um Speaker Johnson is trying to get a standalone bill to support, you know, Israel.
	I mean, we've given billions to Ukraine, and now he's talking about like they always want to do a package deal where they throw in their other stuff that doesn't need to be in there and Speaker Johnson said just a standalone bill to Israel.
	They're fighting on two fronts.
	How can you say you're an ally?
	When we were hit by 9-11, Israel came here with their ambulances with their help.
	Now they need help, and it's like it's words, but actions.
	Let me give you how worse it gets, because it was the same Joe Biden that's turned a blind eye and allowed Iran and the mullahs to get rich again by selling oil in spite of the sanctions we put on them.
	It was Joe Biden that was gonna pay six billion dollars in exchange for hostages as ransom.
	It was Joe Biden that granted a sanctions waiver uh for ten billion dollars in payments by Iraq.
	Joe Biden now now what they're trying to do is interfere in Israel's elections.
	And in the middle of a war, what they they want to they want Bibi Netanyahu who's out trying to win the war and protect Israel for in perpetuity and tell him how to run his war.
	It's disgusting.
	The whole thing is repulsive.
	Every American should be outraged.
	And President Trump should make that distinction.
	When he gets out there at his next rally, it's never been so clear about everything that he did on behalf of the state of Israel, on behalf of people of not just the Jewish people, of all religions.
	Christianity is under attack.
	We're all under attack.
	And President Trump put in executive orders and and laws to protect.
	Donald Trump said to Israel, go win your war.
	That's what he said.
	That was the right message.
	And and what we're doing here is you got the radicals that have taken over the Democratic Party, the squad, etc., uh, and all the pressure that they've been using.
	Now you got Chuck Schumer.
	You know, uh, it's it's repulsive.
	And they don't understand the nature of evil in our time.
	It's too bad.
	It's inexcusable.
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