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May 21, 2024 - Sean Hannity Show
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Failed Witness - May 20th, Hour 3
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I don't think I've ever seen a star cooperating witness get his knees chopped out quite as clearly and dramatically as what just happened with Michael Cohen.
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If you want to be a part of the program, without going through all the details again, it has been another blockbuster day in the courtroom.
Not good for this prosecution that has absolutely proved nothing in this case.
Cohen admitting to stealing tens of thousands of dollars from the Trump organization.
That was pretty revealing.
And, you know, everybody that I'm talking to is saying acquittal, acquittal, acquittal, which is what it should be.
You know, we'll see what happens.
I've never trusted a New York jury, but we'll see.
But certainly things have made a dramatic shift in Donald Trump's favor in this case.
The devastating admission by Michael Cohen that, in fact, he recalled telling all these people in the media, he testified during Trump's New York City trial today that he told all these members of the press that Donald Trump had nothing to do with it.
Well, that's case over, even though, to be honest, I don't think there's a member of this jury that could even define what the charges against Donald Trump are because of this ridiculous, novel, insane legal theory by which they came up with 44 misdemeanor counts.
But anyway, Alan Dershowitz, Professor Harvard, joins us.
Greg Jarrett joins us.
Professor, you are in the courtroom today.
Let me start with you and get your bird's eye view.
It sounds like another devastating day for Bragg and company.
You know, there should have been a Perry Mason moment.
The police should have come up and arrested Michael Cohn right on the spot when he admitted stealing $60,000, $80,000 from the Trump organization and admitted.
By the way, the DA knew about it, he said, and they did nothing.
Yeah, and he admitted under oath that he still hasn't paid it back.
It's just outrageous.
And then he just lied, lied, lied.
You can tell.
You know, he did say he benefits financially, but then when he was asked on redirect examination, he said, no, he didn't benefit financially.
He has nothing to gain from it.
Of course he does.
If Trump's convicted, he gets a new book.
He gets that deal with the fixer.
Maybe he gets a movie.
Trump's acquitted.
He looks like an absolute fool, and his career as a writer is over.
So of course he has a financial incentive to see Trump convicted.
So he lied right in front of the jury, right in front of me.
I was sitting just feet away from him.
Let me ask you, what is your read on the jury as you sat in that courtroom today, Professor?
It's hard to tell.
They seem like they're paying attention, but impossible to tell.
Some of the cross-examination and redirect was very technical, and you could see it going over their heads.
But when he admitted that he stole the money, you could see people raising their eyebrows and saying, oh, my God, we're going to put the former president of the United States, maybe the future president, in jail based on a guy who's just stolen $60,000 from him and wants to see him convicted because he's so angry at him.
So you can't tell.
It's hard to imagine that there could be a conviction other than rather than a hung jury.
But, you know, every one of us who's been lawyers for years and years and years, I've been a lawyer 60 years, we've all been surprised by jury verdicts.
Well, I mean, that's the scary thing.
Greg Jarrett, that's something you have been pointing out from the get-go.
Yeah, you can add shameless thief to the many odious descriptions of Michael Cohen.
He was already shredded on cross-examination last week as a prodigious liar.
His depravity apparently knows no bounds.
You can add embezzlement and larcery to his larceny, to his menagerie of crimes that include fraud and perjury.
Belongs back in prison, not in a court of law testifying in this case.
But, you know, Alvin Bragg and his partisan prosecutors don't care.
They never hesitated to hang their entire case on a notorious crook who's incapable of telling the truth.
They expected Cohen to lie to the jury, which he did.
They, the prosecutors, enabled and actively encouraged his lies.
The DA should indict himself for suborning perjury.
What about Bragg withholding exculpatory evidence that he was given specifically by Robert Costello or Cohen acknowledging he spent dozens of hours, 20 separate occasions, with the prosecution, hours at a time, preparing for this testimony?
Prosecutors have an affirmative duty when they're aware of exculpatory evidence to present it to the grand jury because there's no defense in a grand jury.
Instead, what Alvin Bragg did was say, oh, that's excluded because it's hearsay.
There is no hearsay in a grand jury.
That's a fiction.
And so they used a vacuous excuse to conceal and hide from the jury evidence of Trump's innocence.
This tells us the fix was in from the very outset of this case.
Let me ask you this, Professor, the issue of Judge Mershon saying that an expert witness on the law in question here, this is a court of law.
This case is based on a specific upcharged novel legal theory where misdemeanors whose statute of limitations have long since passed about falsifying business records.
Michael Cohn disabused any notion that Trump knew about the case every time he would tell the media that Trump knew nothing about this.
And now saying, oh, no, he did know.
Okay, well, apparently he didn't, according to Michael Cohn.
So which Michael Cohn are you going to believe?
But I just want to ask, this expert witness is only going to be able to testify in a limited way, even though my understanding is you might have somebody that actually helped write the law.
Yeah, I'm not obviously a consultant or part of the defense team, so I don't have any potential information.
But I think the witness should be put on the stand, the expert witness, because they introduced evidence this morning of a claim that it was illegal, an illegal payment under the federal election law.
And if they're allowed to introduce evidence that it's an illegal payment, surely the defense should be allowed to introduce expert evidence.
that it's a legal payment.
So I think the prosecution has opened the door to the judge reconsidering.
But this judge doesn't seem to reconsider anything.
I mean, he's just.
You mean the Biden donor judge whose family is likely conflicted and may benefit from the outcome of this, that judge?
It is so clear a conflict.
And when you watch the judge, you know, he appears to be fair.
But then you listen to the rulings one after the other, one after the other, ruling in favor of the prosecution.
You have to put everything forward.
You can't leave anything to chance.
You can't say, oh, we've won the case.
Let's just rest.
You could normally do that if this were being tried in, you know, Florida or a different place.
And if this were being tried before a different judge.
Greg, let's get your take.
Expert witnesses, the ruling by Judge Mershon about only limited testimony from an expert when this is supposed to be a courtroom, a court of law.
This is a legal case.
This is the law at issue in this case.
And he's going to limit testimony on interpreting this law and what's legal and not.
Yeah, I'm with Professor Dershowitz.
Juan Marchand is actively aiding in a fault on justice.
He's done everything in his power to engineer a guilty verdict.
And today he kneecapped the defense effort to call this federal elections expert to explain that the payments to Stormy Daniels do not violate campaign finance laws.
And this so-called mystery crime that still hasn't been identified in court by prosecutors, it somehow magically elevates expired misdemeanors into felonies.
No, it doesn't.
And Bradley would explain that to the jury.
I think any fair, objective, or neutral judge presiding would have tossed this shabby case out before the trial began.
We should have a directive verdict, but that's not going to happen with this judge.
It's not going to happen with this judge.
You know, a competent judge would say, I'm granting it.
There's no legally sufficient evidence for a reasonable jury to reach a different conclusion.
But this judge won't do it because he is acting as co-prosecutor on behalf of Alvin Bragg.
Let me ask you this, Professor Dershowitz.
It's all going to come down to jury instructions.
I don't have any confidence that this judge will be fair in jury instructions.
I don't either.
I think that the judge is going to give an instruction that basically, and he's hinted at it today in court, that we'll leave it up to the jury to decide what's lawful and unlawful.
He says sometimes less is better.
We'll see.
We'll see.
It was a great experience watching this horrible trial.
In 60 years, I never thought I would ever, ever witness a trial like this.
It's just a disgrace to the American legal system.
All right, I appreciate your time, Professor Dershowitz.
Greg, let me go back to you on the issue of jury instructions.
You know, in law school, at least law professors I've interviewed and talked to over the years, they have always said, never expect a Perry Mesa moment.
Or if I want to, you know, for kicks and giggles, say a My Cousin Vinny moment or moments in that movie.
But that's now happened two days in a row in this case.
And it's been pretty devastating, but jury instructions will not be favorable to Donald Trump, and that is very troublesome to me.
And do you think Bragg can be investigated for withholding exculpatory information from the grand jury?
Do you think that the judge can be investigated for not recusing himself?
Well, first of all, the judge has already been approved by the ethics committee.
They gave him a slap on the wrist and said, don't do it again.
Judges are not supposed to do this.
But they do it all the time because the ethics committee is a rubber stamp that protects judges.
They don't police them.
There is a standard jury instruct.
It's actually in New York called a default instruction, but by practice, it's standard when you have a guy like Michael Cohen who testifies.
And the jury instruction reads as follows.
If you find any witness has intentionally testified falsely, i.e.
lied, to one thing, you may disregard that witness's entire testimony.
Now, that's tailor-made for liars like Cohen.
And I think the judge must give that instruction.
Will he do it?
Given the aberrant rulings from this particular judge, who knows?
He may decide to refuse.
He's a part of the prosecution team.
He wants Trump convicted.
You know, who knows how he will decide these jury instructions.
And part of the problem is no case has ever been brought like this.
So you can't go to prior court decisions and borrow jury instruction from those because this is unique.
And so, you know, he always sides with the prosecution.
So when they submit their proposed jury instructions, he'll probably adopt the prosecutions and reject the defense.
Greg, we really appreciate it.
Your analysis has been dead on accurate, as has everybody else we've been interviewing.
It's sad to see this happen to our Constitution.
And the weaponization of our Justice Department is extraordinarily dangerous to this Republic.
Thank you, sir.
Appreciate your time, as always.
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Hey there, I'm Mary Catherine Hamm.
And I'm Carol Markowitz.
We've been in political media for a long time.
Long enough to know that it's gotten, well, a little insane.
That's why we started Normally, a podcast for people who are over the hysteria and just want clarity.
We talk about the issues that actually matter to the country without panic, without yelling, and with a healthy dose of humor.
We don't take ourselves too seriously, but we do take the truth seriously.
So if you're into common sense, sanity, and some occasional sass.
You're our kind of people.
Catch new episodes of Normally every Tuesday and Thursday.
On the iHeartRadio app, Apple Podcast, or wherever you listen.
All right, quick break more with Professor Alan Dershowitz.
He's been in the courtroom all day in the Trump trial sham trial in New York.
And Greg Jarrett also will have Professor Dershowitz, Jonathan Turley.
They are on tonight.
Both of them have been in the courtroom all day.
Alina Haba, she has been in the courtroom all day as well.
I get insane fireworks in the courtroom today.
I mean, you can't even really make this up.
And how bad this is and how bad this judge is, it is pretty unbelievable.
You know, I know we have a motion to absolutely end this disaster, a motion to dismiss, and it just is not going to happen.
Not with a judge that donated to Biden and obvious conflicts of interest.
The judge has gone against the defense the whole time.
And he's now trying to rehabilitate as best he can the horrible case that they have put on.
And he's doing it two ways.
One, trying to keep the FEC, former head of the FEC, very limited in the testimony, even though they'll testify on the issue of law.
This is a court of law, and this is about the law and about this convoluted legal theory of theirs, novel theory of taking what was a misdemeanor counts in New York that have statute of limitations are gone and saying, no, this is an FEC crime, but they can't have an FEC former head to explain the law, only on a limited basis.
Then they had this big fight with Bob Costello being called by the defense and will be on the stand tomorrow.
I mean, and the judge, according to everybody I know in the courtroom, you know, Kick has to kick the press, screaming at Costello, kicking the press out of the room, won't allow the guy to even answer a question, sustaining every objection.
It's just insane.
I mean, then everybody, you know, seeing this, they don't know exactly what went on.
We have experts that were in the room the whole time.
They'll tell us tonight, including Eric Trump, Alina Haba, Alan Dershwitz.
Can't wait to hear what he has to say about all this.
I don't know how much of it he saw, saw that he saw, but I know Eric Trump and Alina saw the whole thing.
Pretty unbelievable.
But, you know, this is, you want to know what a banana republic looks like?
You want to know what insanity in a weaponized system of justice looks like?
This is what's been unfolding all day.
This is not a justice system that serves the people in this country.
The banana republic justice system.
All right, quick break.
Right back.
We'll continue.
Continuing the mission of saving America as we return to the Sean Hannity Show.
All right, 25 to the top of the hour, 800-941.
Sean, if you want to join us, we'll get to a lot of the other news of the day.
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Got to get some other news in here.
I know we've been really dialed into the disaster day number two for Michael Cohn in the sham New York trial.
Let me get to the issue of Joe Biden because Joe Biden is at it again.
Now, they have been trying to hide from you, the American people, that Joe Biden, well, we know that they don't want you to know that he's a complete and utter mess, but the Robert Herr report, where was I still vice president in 2009?
No, they don't want the public, and now there's a contempt of Congress motion that'll go to the weaponized Department of Justice of Biden, which means it would be against Merrick Garland.
He's not going to give himself the Bannon and Peter Navarro treatment.
This is not going to happen.
It won't happen.
But then, you know, the dazed and confused and mumbling, bumbling, stumbling Joe, not jacked up Joe.
Although Donald Trump, I think, rightly is saying, well, we probably need a drug test.
You know, we do that for professional athletes, why not for professional politicians and people that want to be president in light of the fact that Joe Biden had never acted like he did at the State of the Union before.
And if he's going to be using something like maybe it's as simple as Red Bull or caffeine pulls, I don't know.
You know, I think the American people have a right to know.
But anyway, but here's Joey back to his usual form, and that is claiming that he was vice president during COVID, saying that Barack sent him to Detroit to fix the pandemic.
Listen to this.
And when I was vice president, things were kind of bad during the pandemic.
And what happened was Barack said to me, go to Detroit and help fix it.
Go to Detroit to fix the pandemic.
Not well at all.
Anyway, he was at Morehouse College.
Didn't really go well for him.
You had people turning their back on him as he gave the commencement address.
He remembered last week, couldn't even remember where he was giving the commencement address.
It's a well-known historically black university.
By the way, the person that has given the greatest financial commitment ever to historically black universities and colleges is Donald J. Trump.
But let's put that aside for a second.
They were also, you know, calling him genocide Joe.
We told you last week fully 13% of Democrats won't vote for Joe, even though he surrendered in the war on terrorism, which is insane.
But anyway, so he was there, and he's been trying to get back African Americans.
And it all started, well, start on Friday at the National Museum of African American History and Culture.
But as you listen to this, remember he's the guy that partnered with the guy that filibustered the Civil Rights Act and Voting Rights Act 6465.
He's the guy that became friends with, and the guy became his mentor, the former Klansman and senator from West Virginia, Robert KKK Byrd.
And in the 70s, he stood with Robert KKK Byrd to stop busing for public schools.
He didn't want public schools to become racial jungles.
Just remember that as you hear him now try to court back the African-American vote that he's been losing according to the polls by 20, 28, 30%.
Listen.
That's why my administration is taking the most significant action now with standing at the top.
The Supreme Court tried to stop me to provide student debt relief, most supreme ever.
$400 million billion dollars over the next 10 years.
This investment has helped HPGs use everything from build student housing to study climate science.
Million billion dollars.
Really?
What is a million billion dollars?
Linda, do you know what a million billion dollars is?
Just asking.
I don't know what it's a lot.
You're such a wise ass.
We love that about you.
Anyway, extremists don't see you in the future of America.
This is what he's saying to African Americans.
If you vote for Trump, not for me, you ain't black.
You have the first time ever that you have an African-American that is articulate and bright and clean.
Man, that storybook, man, talking about Barack Obama.
You can't go to a Duncan Donuts or a 7-Eleven unless you have a slight Indian accent.
My state, it was a slave state.
Wow.
Anyway, this is what he says about extremists.
Don't see you in the future of America.
Basically saying Republicans are racist.
The old playbook.
Every two years, every four years, and now pretty much every day.
Listen: Extremists close the doors of opportunity.
Strike down affirmative action.
Attack the values of diversity, equality, and inclusion.
I never thought when I was graduating in 1968, as your honoree just was, we talked about, I never thought I'd be in a present time when there's a national effort to ban books.
Not to write history, but to erase history.
They don't see you in the future of America, but they're wrong.
To me, we make history, not erase it.
We know black history is American history.
Unbelievable.
Switching gears a little bit, this issue of debates.
Remember, Joe Biden last week puts out the make my day, take the debate.
Here are my rules.
Here are the four liberal venues only that I'll be willing to debate on.
And the mob, the media, and Joe Biden think they can dictate all of the terms of the debate, the venue where the debate is, the rules of the debate.
They want to dictate every single solitary detail, and Donald Trump's supposed to just go along with it.
No, Donald Trump said, I'll debate you on CNN and ABC and on Fox News with Brett and Martha, which I think would be fair.
And which, by the way, historically, except for COVID year, three presidential debates are normal.
And so Donald Trump's more than willing to double make his day.
He wants more debates.
But no, the debate over debates is over.
They declared.
Oh, okay.
It's going to be my way of the highway, which tells me they basically are hoping probably Donald Trump pulls out and says, I'm not going along with your insane rules.
It's never been done like that.
You don't ignore another candidate.
The media mob seems perfectly fine with it.
You know, fake news CNN, they had immediately put out, oh, fake Jake Tapper is going to be one of the moderators.
Okay, this is a guy that has referred to the Trump presidency as a nightmare.
Really?
You know, we're just going to keep fact-checking him every day because he does not belong.
He is not a journalist like he claims.
He is a liberal leftist hack, Democratic hack talk show host on fake news CNN with very few view viewers.
Why wouldn't you go on a network that actually has viewers like Fox?
Anyway, here's Fake Jake, for example.
He pushes the government of the United States to use its power and credibility to justify his lies.
Congressman Brian Manst, a Republican from Florida, who lost his legs, by the way, fighting for democracy abroad.
Although I don't know about his commitment to it here in the United States, but there's also been a time of extreme divisions.
Many of the divisions caused and exacerbated by President Trump himself.
Oh, sounds to me like he's giving commentary.
Now, a journal is supposed to be fair and balanced and not give opinion, Linda, because that seems to me to be fundamental.
I tell you what, man, if I was masked, I would be flipping the idea that fake Jake, who sits up on his high horse in an air-conditioned studio in New York City, has the audacity to call into question anybody who served their country, not the least of which the man gave up to his legs.
And now your question, I mean, come on, man.
Come on, man.
You sound like see, at least I say it right.
I don't say it like, you know, Sleepy Joe.
That's true.
Oh, I will tell you a really good moment with the mob in the media.
Every time Senator Marco Rubio goes on with these media mob people, he doesn't take their crap.
He just levels them.
Anyway, he had a shootout with what's her name, Kristen Welker.
I'm not sure why he's actually on Hannity tonight, but I mean, just there was a beatdown, you know, over the issue of accepting election results in 2024.
He said, well, let's see what happens.
Anyway, and then went through a list of, and then we'll play it after, but you know, just listen to this exchange.
Will you accept the election results of 2024 no matter what happens, Senator?
No matter what happens?
No, if it's an unfair election, I think it's going to be suicide.
Senator, no matter what happens.
I think you're asking the wrong person.
The Democrats are the ones that have opposed every Republican victory since 2000.
Every single one.
It's Hillary Crime.
No Democrat has refused to concede.
Hillary Clinton conceded.
Senator, will you accept the election results?
Hillary Clinton said the election was stolen from her and that Trump was illegitimate.
Kamala Harris agreed.
We have Democrats.
Senator, she conceded the election.
She said that John.
She said that.
No, she said that Trump was illegitimate.
She said that the election had been stolen.
Kamala Harris agreed.
By the way, there are Democrats serving in Congress today who in 2004 voted not to certify the Ohio electors because they said those machines have been tampered with.
And you have Democrats now saying they won't certify 2024 because Trump is an insurrectionist and ineligible to hold office.
So you need to ask them.
I think you've had a have you ever asked the Democrat this question on your show?
I bet you you've never asked the Democrat that question.
Everybody that does an interview that's a Republican on any of these stupid networks that nobody's watching anyway needs to watch Marco Rubio.
And by the way, his name is getting louder and louder as a VP candidate.
His life story is extraordinarily compelling.
And his family background, Hispanic American from Cuba.
I mean, it's inspiring, actually.
I don't know if you've heard it, but we'll ask him about it.
Speaking of what he was referring to, let's look at Democrats questioning election results.
Shall we take a trip down memory lane?
We shall.
If Al Gore won that election, I think he won 91.
You know it!
I know it.
They know it.
We won that election.
And the only way they could win the election was to stop the voting in Florida.
Troubling evidence of the fact that not every vote was being counted.
Legitimate concerns over the integrity of our election.
The right to vote has been stolen from qualified voters.
You can run the best campaign.
You can even become the nominee.
And you can have the election stolen from you.
There is a cloud of illegitimacy around the election of Donald Trump.
If Stacey Abrams doesn't win in Georgia, they stole it.
voter suppression stacy abrams would be the governor of georgia and by the way abrams never conceded the election He just heard from there.
Joe Biden, Bill Clinton, Terry McCullough, Barack Obama, Nancy Pelosi, Kamala Harris, Hillary Clinton, Hakeem Jeffries.
I mean, what else do you need to know?
I mean, Marco is on it.
Didn't you think Marco was great in that interview?
I thought he was phenomenal.
I don't mean to be rude, but we're going to compare him as a potential VP pick to Kamala.
So all anyone has to do is not laugh as annoying as her, and I'm all in.
I do happen to have a, I do like him a lot, and I think he would be a great choice.
I like him a lot too.
I've always liked him.
He's a good guy.
All right, let's get to our busy phones.
Let us say hi to Lee, Free State of Texas.
Lee, how are you?
Thanks for your patience.
Great.
Thanks for taking my call, Sean.
What's going on?
Man, I just want to bring up the points of do these people think about their consequences and their reputations.
You know, Alvin Bragg, Letitia James, Judge Merchant Fanny Willis, you know, are they thinking about it?
What's the holiday conversation going to be like over dinner with their kids, their grandkids, their family and friends?
Do they have a conscience?
They're the juries.
What are their actions after this is over with?
Are they going to account for their actions and their reputations?
No, I'm going to tell you something right now.
And this is something that is really, really sad.
You want to know what the net result of this is going to be?
For example, I'll predict, in my view, my humble opinion, Judge Mershon, he's going to be highly sought after at all the cocktail parties and all the events in New York City.
And he will become a little rock star because he did his level best to convict Donald Trump.
I'm just praying, you know, a minimum hung jury and praying that hopefully for an acquittal because they did not prove a thing.
Not one thing.
Anyway, 800-941 Sean is a number.
You want to be a part of the program.
All right, that's going to wrap things up for today.
We have an amazing Hannity explosion in the Trump trial today with the jury out of sight over the issue of witnesses being called and the limitations this Biden donor judge wants to put on them.
Anyway, in the courtroom today, Alina Haba, Eric Trump, Jonathan Turley, Alan Dershowitz, they were all there.
We got a great show.
Set your DVR tonight, 9 Eastern, Hannity, Fox News.
See you then.
Back here tomorrow.
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