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May 31, 2024 - Sean Hannity Show
33:35
Lawfare Is Real - May 30th, Hour 1

If you think lawfare isn't real, Sean will convince you after today!  There are true bricks being dropped on the scales of justice and yet the polls show President Trump is leading!See omnystudio.com/listener for privacy information.

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If you want to be a part of the program, we are now officially 10 hours, 11 minutes into jury deliberations in this, you know, farcical case against Donald Trump.
The morning started out after the jury at the end of the day yesterday had made four requests for clarification from the judge.
One being the former National Enquirer publisher David Pecker's testimony about the phone conversation with Donald Trump, Pecker's testimony about the decision regarding the assignment of Playboy model Karen McDougal's life rights, by the way, not even charged with, but why would that matter knowing everything we know about this case?
Pecker's testimony about the 2016 Trump Tower meeting, Michael Cohn's testimony about the 2016 Trump Tower meeting.
Why anybody on that jury would care one lick about what Michael Cohn says is pretty unbelievable.
Even the jury instructions were clear.
If you think somebody lied, you can dismiss all their testimony.
And I'm not going to go into every specificity and detail of this, but to say the following here, I thought maybe the most poignant and relevant readback line that came out today was when they were talking about the conversation with Donald Trump and David Pecker.
I don't buy stories.
I mean, I thought that was really, really notable to me and really stood out to me.
And, you know, it's pretty unbelievable where we find ourselves in this.
The number of reversible errors made by the judge in this case, too numerous to even list now.
I've been going over them as they've been unfolding throughout this whole process.
It sounds like a general effort to enlist, you know, the support of a newspaper, which is common.
In other words, this whole issue with the National Enquirer, which is extraordinarily common.
And of course, with the six hours of closing arguments and the wide latitude given by this very, very prejudicial judge, all this prejudicial information allowed by Judge Mershawn is just unbelievable to me.
And various media outlets well known to run interference for a campaign.
The jury gets back into this.
I think a couple of things that actually in the readback is good for the defense team.
Notably, the instructions include the warning that while Pecker's non-prosecution agreement on election violations may not be used to infer guilt by Trump, I mean, you've got to understand here, somebody gets something of great value.
Yeah, okay, you testify for us.
You're going to have a non-prosecution agreement on election violations.
In other words, you're off the hook.
That's called a get out of jail free card.
And the same is true about barring any inference from Cohn's plea, which is to be used solely for the credibility and to establish the contents of the facts.
I mean, the idea that Cohen admits he stole from the Trump organization, some may use the word embezzlement.
I don't know what the legal term, the proper legal term is, but that's a lot of money, tens of thousands of dollars.
Apparently, the prosecution knew about it, didn't do anything with it.
You know, then you add these other little details like Bob Costello telling and spending an hour and a half on a Zoom call with Bragg's team telling them about all the exculpatory information before they actually went to a grand jury for an indictment in this case, which would have compelled any DA to bring that information forward once they had full knowledge of it, and they didn't do it.
I mean, they should have brought that information to the grand jury before, you know, while they were presenting their case to get an indictment.
But again, you can indict a ham sandwich in all of this.
But they also reheard, you know, instructions related to Michael Cohn's testimony.
The same instruction, under our law, Michael Cohn is an accomplice.
Now, I don't like the term accomplice because accomplice means accomplice to what?
Accomplice to a crime.
All right, well, that has not been established.
That would be what the jury is supposed to be deciding.
But that goes right to the heart of our earlier criticism, which was very, very clear and repeated.
The jury heard dozens of times in closing arguments that payments were campaign violations, and the judge let that false claim stand uncontradicted.
And this is where the latitude was given to the prosecution, and no latitude was given to the defense in this case.
You know, Trump lied in denying that these were campaign contributions.
Now, let me get to another point related to this because I think it's very, very important in this case, and that is the business records were true.
This was a legal expense.
Michael Cohn was doing legal work.
He was Trump's outside attorney when he was elected president.
He was an attorney before that.
The prosecutor's argument that there was a reimbursement is irrelevant.
That's actually called a legal expense and a legal payment for legal services.
There's no evidence Donald Trump was trying to hide any crime.
And let me tell you one other thing that you've got to add to this point: that he didn't even take a tax deduction on this.
I mean, that's how insane this is.
Anyway, it's very hard to read juries.
I know that probably some of you would like me to be able to shed more light on what the jury is thinking here.
I don't think so.
But a couple of other notable items is inside the courtroom: the testimony.
I just think what stood out is Donald Trump saying over and over again that, in fact, I don't pay for stories, I don't pay for stories, was pretty compelling.
And then we go back to all the other issues involving the judge, all the reversible errors in this case.
If there was a guilty verdict in this case, and I'm not saying there will be, but it is a New York jury.
One thing that I am certain about is Donald Trump has not gotten a fair trial, as I predicted he would not get a fair trial.
But, you know, Pecker's testimony receives a call from Donald Trump, and they talk about McDougal.
That's not even an issue in the case.
It's not part of the 34 indictments that they brought up in this case.
And it just is, the whole idea that it wasn't even executed.
Pecker said he believed the story would be embarrassing to both himself and to the campaign, to himself.
What is it?
There's no evidence that points to Donald Trump saying, oh, I want this for the campaign.
Not the catch and kill, as they call it, which They've had a relationship that has gone back for years.
And testimony read back today that Pecker felt it was just mutually beneficial, part of a relationship that they've had ongoing forever.
You know, but the idea that Pecker also said that he wasn't going to go forward and rip up the agreement in terms of being reimbursed for money paid to McDougal, and Cohn wanted to buy it.
And then Cohn does this usual thing, according to reports, screaming at him, saying, I'm the lawyer and can't understand why he's concerned.
And anyway, I normally don't buy stories, Trump said, because they always come out.
I don't pay for stories.
Wow.
That's pretty powerful.
But anyway, so the 29 pages of instructions, then they did the readout of the questions that were asked by the jury.
Maybe one way you can interpret it is, oh, they're really honing in on whether there's a conspiracy here.
Or you could interpret it that maybe already, just hours into deliberations, there's disagreement.
And maybe as part of a way to resolve the disagreement, they want to hear back this testimony.
You just don't know.
But it's, you know, all I can tell you is where are we as a country right now?
We got a president that is an absolute mess.
We saw this on display in Philadelphia where he could barely sparsely, he couldn't fill an auditorium.
He couldn't even fill a third of an auditorium.
It's embarrassing.
It is just every policy.
You know, how's the economy working out for you?
Nobody's talking about that.
How's the issue of defund, dismantle, reimagine the police?
No bailouts.
How is that working out for most Americans?
How's the economy?
How's inflation impacting you and your family?
Because 60% of Americans are really getting whacked hard by Biden inflation.
You know, how are gas prices where you are?
Going back up to seven bucks in California again?
How does that happen?
But, you know, the governor out there wants to sue the oil companies?
Really?
I mean, it's insane.
But you look at how's immigration working out for small towns, big cities around the country?
It doesn't seem to be working out too good for most people.
It's putting a heavy, heavy impact on law and order.
The amount of crime people have to now taxpayers providing housing and they're providing food and health care and education, taking away valuable educational resources from our children.
You know, so anyway, you go to a Biden rally, tries to play the race card.
We'll get to that later.
You know, but I guess the only reason maybe to show up is to see if he can string two coherent sentences together and maybe successfully walk on and off stage.
Did you see him walking on the stage yesterday?
I was like, oh my gosh, this guy can barely stand up.
But according to Joe Biden, oh, this either elect Joe good or you're going to allow evil to win in this case.
Really?
But then you've got Juan Mershon along with Alvin Bragg and his big promise, his campaign promise to get Trump.
You know, just like Mar-a-Lago's worth $18 million.
No, it's closer to a billion.
But, you know, this is a bogus case.
This is what the weaponization of justice looks like.
This is lawfare.
And it is driven by, you know, politicos and prosecutors.
And look at what the jury now pool that comes from one of the most liberal boroughs in the country, New York City.
You got a partisan hack judge who clearly has dumped cinder blocks on the scales of justice in this case.
It's pretty unbelievable.
What we have seen is an absolute disgrace.
Now, there's no doubt that this judge wants Trump convicted.
That he's doing everything possible to make it happen.
You know, to put it politely, his jury instructions were insane.
You know, the idea that, well, you don't have to all agree.
What do you mean you don't have to all agree?
We actually have Supreme Court rulings on this very issue.
Well, you can actually have four people that agree.
Well, you can all agree that he's guilty, but you can have four different reasons for thinking that he's guilty.
In other words, you can split it up into fours.
You can have four people think he's guilty because of reason A, four because of reason B, four because of reason C.
It is beyond outrageous.
And then if you just look at the law, which we have gone over in great specificity and detail, two Supreme Court decisions, not just one.
Andres versus the U.S., 2020, the latest Supreme Court decision on this, Ramos versus Louisiana.
The Supreme Court couldn't be any more clear and they held that unanimity in jury verdicts is required under the sixth and seventh amendments.
The requirement extends to all issues.
To find someone guilty, jurors must always agree without dissent on every necessary element of the purported crime.
You can't have four agree on one aspect of the crime and not the others, and four others agree with something else, and then four others yet still agree on another reason.
I mean, it is an indispensable feature in how this work works.
The jury doesn't need to reach a unanimous decision on this phantom election allegation that nobody knew about until the very end of this case, which in and of itself is a violation of one's constitutional rights under the Sixth Amendment and others.
You know, you have an unspecified federal election crime, but of course, we can't let an election expert, the former FEC chair, because he's going to say something that the judge disagrees with in his God from above interpretation of the law that only he can talk about.
It's pretty unbelievable.
And, you know, the judge believes that he's above the law.
This is shredding our Constitution before our eyes.
You know, we know all of this.
Supreme Court ruling, Maxwell versus Dow.
In criminal cases, the verdict shall be unanimous.
And then you go further.
The Andres versus U.S. case.
Unanimity in jury verdicts is required where the sixth and seventh amendments apply in criminal cases.
This requirement of unanimity extends to all issues, character or degree of the crime, the guilt, the punishment, which are left to the jury.
Again, in criminal cases, the requirement of unanimity extends to all issues.
Let me repeat: all issues.
There's no carve-out for a Biden-donating judge who hates Donald Trump.
Just another violation of Trump's civil liberties carried out by this Biden donor judge, conflicted judge, the judge that should have recused himself, Judge Juan Murchon.
The right to know who your accusers are, the nature of the charges, the evidence against you.
Guess what?
That's also a right that he has just violated.
You know, if you want to look for reversible errors, there are a ton of them.
You know, what is the election crime that Trump is even being accused of?
Can anyone even anyone in this audience call and tell me what it is?
Because I doubt you can.
The prosecution never answered the questions.
And now the judge is allowing the jury to choose their own little adventure.
Whatever crime works for them doesn't need to be unanimous.
It is unethical.
It is unconstitutional.
It's a travesty what has been unfolding in this courtroom as we now await a verdict.
And probably the best hope is a hung jury because he has so stacked the scales of justice in favor of, frankly, the prosecution that lost the case when their star witness got his ass kicked in cross-examination.
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.
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.
By the way, this is pretty interesting.
First quarter GDP slowdown worse than previously reported.
What a shock because this happens almost on every economic statistic that the Biden, the corrupt Biden administration puts out.
The economy expanded at a meager 1.3% seasonally adjusted annual rate in the first quarter.
A downward revision of three-tenths of a percentage point.
Latest update, by the way, the second of three, shows that the first quarter GDP growth was dramatically lower than the preceding quarter's 3.4% clip.
Whoopsie-daisy.
And the first quarter GDP reading also a decline from all of 23 when the economy expanded at a healthy 2.5%.
I mean, every sign is what you already know because you're living it.
And that's Biden inflation.
Weaker growth in the first quarter, attributable in part to a slower consumer spending habit.
They don't have the money.
That's why they're spending less.
You know, record debt.
We have record credit card debt in this country.
Harris Pohl, nearly 60% of people believe the U.S. is experiencing a recession.
I mean, this is what James Carver was yelling about the other day.
Stop talking about Gaza.
He was just referring to that.
And he says, stop lying to people.
This is what John Legend was referring to.
He made the comment, stop lying about the economy.
Just like they've lied for three years about the border.
Just like he lies about marching in the civil rights movement yesterday in Philly.
And I'm like, my goodness, you're just a liar.
He lies all the time.
He forgot to mention his partnership with the former Klansman to stop school busing and the integration of public schools.
By the way, for all of these young, rabid pro-Hamas anti-Semites on college campuses that are calling for antifada and death to America and death to Israel.
Well, I have news for you.
The Iranian supreme leader, Ayatollah Ali Khamenei, has expressed his support for pro-Palestinian protesters on U.S. college campuses, saying you're on the right side of history.
By the way, you still have that offer from an Iranian university.
They'll give you a free scholarship if you want to go to Iran and get a free college education.
Then you won't need American taxpayers money and Kamala Harris bragging about Joe Biden defying the Supreme Court that said the student loan forgiveness program was unconstitutional, but he's doing it anyway.
I mean, now we have to go back to the Supreme Court.
What?
He just gets to pick and choose what laws he's going to enforce, what laws he's not going to enforce.
Yeah, I'd love to see these young brats at these higher institutions of education.
I'd kind of like to see them go out there and maybe go to Iran and learn a thing or two.
I don't know.
I think it might be a good experience for them to learn about what real life is about.
Unreal.
That's what's happening.
And the economy, by the way, Elon Musk is now working to discourage powerful business leaders from backing Joe Biden.
Now, why would Elon Musk do that?
Could it be the fact that a 20% capital gains tax is going to be raised to 44%, or that the Biden administration has prioritized $900 million for green school buses as illiteracy is plaguing U.S. schools?
I mean, consumers are getting clobbered.
Housing prices in swing states may very well impact the election.
People can't afford them because of Joe's high interest rates.
Interest rates remain high and will remain high because inflation is not under control.
It's been up the last three months, year over year, 3.2, 3.4, 3.5%.
I mean, that's the last three months.
Whoopsie, Daisy.
Oh, no, it's under control.
It's going down, way down.
Well, no, year over year, it's going way up.
Unbelievable.
Depressing number of Americans now consider fast food a luxury.
You know, I snuck and I had a quarter pound of a cheese, Linda.
Are you having a Mark Levin moment?
The gray one.
What happened?
Don't lecture me.
I don't want to hear it.
I'll take two hamburgers, no cheese, a French fry and a Diet Coke.
I'm like, what good does the Diet Coke do?
The Diet Coke is such ridiculousness.
I don't understand Diet Anything because I hate aspartame.
I think it tastes like crap, but that's just my personal opinion.
Yeah, I don't like it either.
I tried Coke Zero.
It just doesn't work for me.
Anyway, but top, I do like regular Coke.
Yeah, if you're going to do it, go all in.
Drink the real thing.
McDonald's is pushing back on this $18 Big Mac meal as an exception.
I could tell you from my own experience, I didn't pay $18.
I paid about, I think, $11.
And then because if you use Uber East, which is what I did, you know, I always try to give a good tip.
So if it ends up being, you know, $30, I give the guy, I'm not going to have somebody come all the way over with a freaking hamburger and give him $0.05.
It's ridiculous.
You know, these people have to live too.
It's unreal.
Higher interest rates could cost U.S. companies $380 billion.
Mortgage rates now, all right, you know, around the 7% mark and maybe falling lower, which is good for AmericanFinancing.net if you're trying to save and consolidate.
They're saving their average customer, what, $854 a month because they're consolidating.
That's like a $10,000 a year raise, one of our advertisers.
But don't tell the American people that.
No.
Don't listen to James Carville.
James Carville is not dumb.
A lot of things.
He's not dumb.
I don't really, it doesn't matter what these polls say.
It's going to matter what 12 people in that jury room say, and they're all from New York, and people polled are not just from New York.
You have to take this with a grain of salt, but less than a quarter of Americans believe that Donald Trump will be convicted in the business records case.
And I'm telling all of you to expect any possible outcome here.
I'm not Pollyannish.
I'm not going to let you tell you things that you want to hear or want to believe, knowing that I'm not telling you the truth.
You have to expect any possible outcome here.
That's just a fact.
And yeah, I think a hung jury is still a very strong possibility.
I'm hoping that there's somebody reasonable on the jury that understands and can see through this farce.
Anyway, this is the latest survey from Economist YouGov.
And 23% they think Trump will be convicted.
36% not convicted.
40% remain unsure.
A lot of people still believe in a hung jury.
But here's the interesting part.
Even National Review, not exactly in line with me politically, or, you know, they think they're just so high and mighty, I just gave up on them a long time ago.
But, you know, what they're saying is they're predicting that the verdict is very unlikely to move the needle much with Americans casting their vote.
Polling's not a good vehicle for getting voters to anticipate their reaction to events that haven't occurred yet.
And I think I kind of agree with that analysis.
And they quote a Republican pollster at North Star Opinion Research, who I've never heard of.
Anyway, and he pointed to the Access Hollywood tape ahead of the 2016 election.
I will tell you, though, if history is any indication, the American people, we're dealing with an eight-year-old, everybody's known about Stormy, Stormy, Stormy.
And don't forget Stormy's letter denying in 2006, I believe 11 and 12 and 16, and then in January 2018, that anything had ever happened.
And I've read that letter numerous times, but I don't think it's going to impact the election.
I'm pretty confident on that point.
But we'll see.
And then there's a poll out.
This is pretty interesting because of where the poll comes from: PBS, the PBS NewsHour, NPR, Maris survey.
And what it shows is that, you know, as the juries began deliberating in this case, that a majority of Americans say the verdict's not going to change their vote in November.
And then almost an equal number of people say that they're more likely to vote for Trump as Democrats are less likely to vote for him.
I don't think any hardcore Democrat that likes Joe Biden and hasn't, you know, if you can't see Biden's economy, Biden's immigration disaster, if you can't see past law and order, defund, dismantle, no-bail laws, and reimagining the police, if you can't see war in Europe, war in the Middle East, abandoning the war on terror, and you haven't made up your mind yet, I don't think I can convince you.
I mean, how many people, how much more evidence do you need that this is a disaster?
If you don't see a president in a deep, significant cognitive decline, if you don't see that, then what else do I need to show you at this particular point?
Anyway, one key Trump witness says Mershon made up accusations, and it seems that this is Bob Costello.
And, you know, he was not allowed to testify just like the former FEC chair was not allowed to fully testify, which was the point only the judge of high gets to testify, give instructions on the law.
But, you know, he throws his cinder blocks down, allows all of this irrelevant immaterial testimony, allows all of these false accusations in the six-hour close.
I mean, I've never seen anything like it in my life.
Jury instructions.
Oh, you could just, you just, you don't have to agree on what the reason is for guilt, which is totally, completely, utterly unconstitutional, has been ruled upon as recently as 2020 by the Supreme Court.
He says, anyway, Costello does.
It seems based upon my personal experience in the court watching him and listening to him, frankly, make up some accusations about me that just never happened, that he's willing to do whatever is necessary to get a conviction.
And he told justthenews.com: you're not concerned at all if this case gets reversed on appeal because the appellate decision won't take place until after the election.
In other words, it's election interference.
The idea that Biden plans to address the nation hours after the verdict, somebody, you know, what?
Is he thinking about a pardon?
I tend to doubt it.
Next week, Hunter goes on trial in Delaware.
I don't believe.
Now, Andy McCarthy is thinking that the deck is so stacked that you got to expect a guilty verdict.
And he said, and he went on to explain why.
That Bragg and Mershawn, he didn't mention Mershawn by name here in the beginning.
They have effectively concealed what should have been fatal holes in their case.
The state is well aware of these holes and thus has cleverly created an illusion of mountainous evidence, which is why the prosecutor, in closing arguments, was able to hammer away to the jury for six hours in summation.
The sleight of hand is that the mountain proves legal conduct.
It seems illegal because the subject matter is sordid and paying off a porn star and a Playboy model during the 2016 election to remain silent about extramarital affairs with Trump.
But the payoffs were lawful consideration for lawful contracts.
It's not hard for prosecutors to assemble prodigious proof of legal lacks, even unsavory ones.
The waves of evidence enable prosecutors to numb the jury with the appearance of overwhelming guilt.
He's not wrong in what he's saying.
And this is what the judge is now allowed to happen.
That's why I'm hoping maybe one, two, three, four people on that jury see through this.
The hope is, he points out that no one will notice the dearth of proof on what outrageously in a state prosecution has become this positive in this case in 2016 and 2017 when NDAs were being negotiated.
And by the way, Michael Cohn for the record said to many, many people, based on his own admission, that he did this all on his own.
Let's ignore that part of his testimony, shall we?
But anyway, that this was a payoff and that Trump willfully violated federal campaign finance laws.
Well, okay, in point of fact, there's not a shred of evidence that Trump was even thinking about the Federal Election Campaign Act, much less willing to transgress it, which, by the way, they have to prove and establish beyond a reasonable doubt, and they have to prove intent was behind it to violate another law.
In other words, reasonable doubt that Trump was aware of the legal duty to comply with the contribution limits, et cetera, et cetera.
Remember, he paid it as a legal expense, which is what it was.
By the way, Ted Cruz is accusing Joe Biden of witness tampering.
Why?
Because he visited his former daughter-in-law.
This was the wife of his son, Bo, that did not die in Iraq, died of cancer.
Sad.
It's absolutely sad if you lose a child.
However, he has told this tale that he died in Iraq.
He did not.
Anyway, the fact that President Biden literally made this surprise visit to Delaware, the home of his former daughter-in-law, who then later, after the death of Bo Biden, dated Hunter Biden ahead of her expected testimony in Hunter's federal gun trial.
And the president's visit Sunday night came eight days before the first son is scheduled to take the stand June 3rd, next week.
The timing is rather astonishing, Ted Cruz said.
He said he's accusing Biden of witness tampering.
He says, anyway, it raises obvious questions, serves as evidence that the trial is designed to insulate and protect the president.
Unreal.
These are unreal times we live in.
All right, we'll get some legal analysis.
Greg Jarrett, Horace Cooper coming up next.
Later on in the program, we'll check in with former NYPD inspector attorney himself, Paul Morrow.
He'll join us.
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Sean Hannity.
All right, our legal panel coming up next.
You want smart political talk without the meltdowns?
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