Brett Tolman, former federal prosecutor who served as U.S. Attorney for Utah and Gregg Jarrett, Fox News Legal Analyst and Best Selling Author is here today to take a look at the two huge trial cases we have happening in the United States right now - NY’s efforts to bring down a patriot, Daniel Penny and Georgia’s court room disaster for Laken Riley where an illegal immigrant sits in front of her parents who weep over the loss of their daughter.See omnystudio.com/listener for privacy information.
Sean, if you want to be a part of the program, we have a lot of illegal issues that have come out of this campaign, ones I didn't think that would be such a big deal.
We brought up the case of Pennsylvania, and they are having a legal recount there because it was within the 0.5% margin.
With that said, Dave McCormick holds a healthy lead.
Mathematically, I'm told it's impossible for Bob Casey to catch up.
And in spite of what was a court ruling that was very, very specific by the state Supreme Court just from this past September, that election officials in Pennsylvania, the Commonwealth, are not to count any mail-in ballots that are missing return dates on envelopes or have incorrect dates.
Well, election officials in certain Pennsylvania counties have voted and decided to ignore the state Supreme Court and count them anyway.
Obviously, litigation has been filed by Republicans, both in-state and nationally, to stop the counting of the invalid ballots.
I don't think the state Supreme Court's going to change their mind.
I was a little disheartened with Senator John Fetterman, who just dismissed counting of provisional ballots that weren't legitimate in Bucks County, for example, and predicted Bob Casey would have to concede to Dave McCormick.
He doesn't think they can make up the number anyway.
He's trailing by 18,000 votes, and most of these have already been counted.
So it's not a margin of error, but it's the principle that matters here.
And then we have another case.
A Minnesota election judge is now being charged for allegedly accepting people who were not properly registered to vote in the 2024 election.
But when you just openly defy a court like this, this cannot stand.
Senator Mike Lee has become very outspoken about this, said Republicans could refuse to seat Casey if the Democrat was declared the winner in this contest, although the AP and even liberal media outlets in Pennsylvania have already called the race for Dave McCormick.
And Lee goes on to say Bob Casey doesn't concede.
Pennsylvania keeps counting illegal votes.
And Casey relies on those votes to claim victory.
The Senate could refuse to seat him, which, by the way, and then he cited the clause, Article 1, Section 5 of our Constitution, each House shall be the judge of the elections, returns, qualifications of its own members.
I hope it doesn't come to that, but there's not a single Democrat that loves to complain about Donald Trump.
They didn't care about Stacey Abrams.
They didn't care about Hillary Clinton.
Said the election was stolen from her, and Donald Trump was an illegitimate president.
They only care when they can go after Republicans.
Anyway, Brett Tolman is back with us, former federal prosecutor, served as a U.S. attorney for Utah.
Greg Jarrett, Fox News legal analyst, best-selling author.
Guys, great to have you back.
Let's get your take, Greg Jarrett, on both these cases.
Well, they're both disturbing, and they're both quite similar because in Minnesota, he's got an election judge who is more than happy to sanction people who are not allowed to vote to vote.
And he got caught by an auditor, and he was pretty quickly arrested and criminally charged.
It does invite the question, how many times does this happen in Minnesota or even elsewhere in which an auditor doesn't check or find the illegality, the criminality?
And then, of course, in Pennsylvania, I mean, this is a blatant attempt to try to steal an election by defying the state Supreme Court, which was very clear.
By the way, it's not an old ruling.
They made this decision in September.
Yeah, it's a new one.
And the court laid it out.
You got to have signatures.
You got to have dates.
But apparently, I think it's Bucks County.
The Democrat in charge there says, well, nobody pays any attention to the Supreme Court.
You don't have to follow the law of the land because everybody ignores it.
That is just absolute nonsense.
And it's, you know, this is blatantly trying to steal an election in Pennsylvania.
So you've got two different states doing pretty much the same sort of thing, counting people and ballots that should not be counted.
You know, and you can add to this, you know, with all the talk of a threat to democracy, and then you have all of these Democrats openly saying that they will aid and abet, you know, illegal immigrants, people that didn't respect our law, border sovereignty.
And Governor Pritzker of Illinois, you come from my people, you come through me.
The Massachusetts governor saying she will defy federal law as it relates to illegal immigration and deportation.
They're all basically saying they're willing to break the law and aid in abet and lawbreaking.
And this is what has gone on now for the last four years and was, you know, just outright rejected by the American people.
Will they be able to stop that too, Brett?
Well, Sean, I would say you've highlighted what I think is plaguing the country on the left.
It is the notion that you can ignore the law.
You also have Merrick Garland, a profound example of cowardice and pettiness and willing to turn a system of laws on its head through the power that they've been granted.
And what I look back, I look at these elections and also the illegal issue.
And the same mantra is being followed by the left, and that is we can pick and choose which laws we're going to follow.
I'll tell you right now, I know what the transition team is focused on, and that is getting U.S. attorneys in this country and getting a DOJ that's right-sided and understands we will enforce the law against anybody that violates it.
It's not going to matter what your politics are.
It's not going to matter where you come from.
It's going to matter that we have a system of laws that the country can count on is going to be enforced.
When I was U.S. Attorney, Sean, I had multiple election allegations that we engaged on.
Where are they?
Where are all the U.S. attorneys' offices in Minnesota and Pennsylvania?
They have the ability to make sure that the federal election follows the law in the states that they're in.
And we hear nothing.
It's silence.
Yeah, it really is.
Let me move on to a couple of other legal issues that we have before us, one of which is the trial of Daniel Penny, the former Marine.
And you have this guy with an arrest record a mile long, 42 prior run-ins with the police.
And he comes on a subway train and he threatens.
He says, I don't care if I hurt all of you and hurt myself in the process.
And then threatening these people on a train, including women and the elderly.
And Daniel Penny, you know, jumps to the defense of these people.
Many people testifying that they feel that their lives were saved because of the actions of Daniel Penny.
And yet here he is on trial in New York City.
And you have to worry that this guy trying to be a good Samaritan might end up in jail, Greg Jarrett.
Yeah, this was a defense of another, similar to self-defense.
And if Penny believed that passengers were in imminent danger of death or serious bodily injury, the law entitles him to act precisely as he did.
Even if he had a mistaken belief, the law still says it's justifiable.
I think what makes a difference in this case and will lead to an acquittal of the parade of witnesses, particularly women, testified, as you point out, Sean, they were terrified for their lives, fearful.
They thought they were going to die.
One woman said, truly, I thought I was going to die until Penny stepped in to stop Neely, who was threatening them, threatening to kill them, menacing them.
And, you know, these people said they were relieved that Penny intervened to protect him.
And these jurors know how dangerous and perilous the subway is in New York.
Because for too long, liberal mayors and prosecutors have allowed criminals to victimize riders with impunity.
It's not safe.
I call it a death trap.
So I don't see a jury who's fed up with crime in New York handing back a guilty verdict.
I think this was entirely justified.
And frankly, the prosecution should never have been brought, but it was probably brought because Penny is white, Neely is black.
And the lead prosecutor hinted at that during opening statements accusing the defendant of being racist despite no evidence of racism.
If there was, he would have been charged with a hate crime and he wasn't.
That's a great point.
Your thoughts, Brett?
I was stunned that the toxicologist is going to testified that she didn't, her role, you know, she is supposed to review all the evidence and she didn't review the toxicology report before declaring that it was asphyxiation, not knowing at the time that he was filled with drugs and synthetic drugs.
And so you have an irrational response by the DA's office in charging this case.
They should have been thanking him.
They should be thanking him.
But we're so sensitive to the fact that he's African American and it came on the heels of George Floyd and what was happening there that we're willing to set aside law and order in order to pursue a narrative that we think, we think to the prosecutor is the right narrative.
And it's wrong in this instance.
This was a good Samaritan, and we protect those.
Our law has specifically, like Greg says, have been fashioned in order to protect Good Samaritans.
All right, quick break.
We'll come back more with Greg Jarrett and Brett Tolman on the other side.
Then we'll get to your calls.
And, well, the incredible turnaround by Joe and Mika, Liberal Joe, apparently meeting with Donald Trump.
Pretty interesting.
Quick break.
Right back.
We'll continue straight ahead.
Continue now with Brett Tolman and Greg Jarrett analyzing this case out of New York.
This brave Marine now in a fight for his life, Daniel Penny, as we also talk about, even though a Supreme Court of Pennsylvania decision came down in September, you do have people now just defying a Supreme Court order.
It is unbelievable lawlessness.
It really, to me, is a cut-and-dry case.
And I'm hoping that the jury that probably many on the jury take the subway on a regular basis.
Greg, you said you took it for 30 some-odd years, which I have no understanding why you would do that.
I mean, it's gotten so insane.
I've had this long-standing battle with Linda over her getting on the subway.
And she is just, in spite of offering to pay for an Uber Black, which is a higher-end Uber car, she refuses and still prefers the subway over my very generous offer.
Wouldn't you say, Greg?
Oh, it's incredibly generous.
It's the same offer I've made for my daughters.
I opened an account on my card for Uber for them to use, and I have strictly forbidden them from using the subway.
I have a feeling they don't always abide by my request, but I don't go there anymore.
You know, years ago when I first moved to New York in the early 90s, it was a safe place.
You know, Giuliani cleaned up the place.
His successor did.
But, you know, once Democrat mayors came into town, the subway just became open season on innocent riders.
And, of course, the stories are constant in the media.
People killed, thrown on the tracks, robbed, beaten, stabbed, shot.
You know, it won't stop until we have prosecutors and mayors who really care about enforcing the law and protecting innocent victims instead of protecting the career criminals.
I have given my kids the same gift that you've given them, and that is, you know, you can use my card.
You can use Uber anytime, and I will never question it at all.
And, you know, get the higher-end Uber, no problem.
I'll pay for it.
It's for my peace of mind as much as theirs and safety.
But, you know, that's the state of, you know, defund, dismantle, no bail laws in New York, Brett.
Yeah, and then you combine with it, you know, prosecutors that are sending the signal out, they're not going to prosecute certain crimes.
Well, at the same time, we're not going to enforce our borders.
So what you have then is this powder keg that's building of individuals that pour into the country.
They want to get to the cities like New York and Chicago and otherwise because they can be as criminal as they want, and they have far less likelihood of getting prosecuted.
The only true deterrence we have is not the length of sentence.
It is the predictability of getting caught and prosecuted.
And when you take that predictability away, you've taken all deterrence in your criminal justice system out.
It's unbelievable.
Anyway, I appreciate both of you.
Incredible times we're living in.
That's for sure.
Brett Tolman, Greg Jarrett, 800-941-Sean is our number.
We'll get to your calls.
The story about Joe and Mika meeting with Trump is just hilarious.
We're going to remind everybody exactly what Joe and Mika have been saying about Donald Trump.
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Well, there was a big surprise.
I do know a little bit about the backstory, and I had heard about it this weekend.
First, I chuckled, and the more I think about it, the more ridiculous it is.
But I guess, you know, I guess it's Donald Trump's way.
Apparently, Joe and Mika requested a breakfast with Donald Trump.
Donald, I guess they live somewhere in Florida.
I don't know where they live.
Anyway, so they went to Mar-a-Lago.
After all that they have been saying about Donald Trump for eight years or thereabouts, they wanted to meet Donald Trump.
And they explained on their morning show this morning how the visit went.
Over the past week, Joe and I have heard from so many people, from political leaders to regular citizens, deeply dismayed by several of President-elect Trump's cabinet selections, and they are scared.
Last Thursday, we expressed our own concerns on this broadcast and even said we would appreciate the opportunity to speak with the president-elect himself.
On Friday, we were given the opportunity to do just that.
Joe and I went to Mar-a-Lago to meet personally with President-elect Trump.
It was the first time we have seen him in seven years.
Now, we talked about a lot of issues, including abortion, mass deportation, threats of political retribution against political opponents, and media outlets.
We talked about that a good bit.
And it's going to come as no surprise to anybody who watches this show, has watched it over the past year or over the past decade, that we didn't see eye to eye on a lot of issues, and we told him so.
What we did agree on was to restart communications.
And for those asking why we would go speak to the president-elect during such fraught times, especially between us, I guess I would ask back, why wouldn't we?
Wow.
Maybe because this is how you talked about him.
And this is the, I could literally run, you know, a three-hour program on the horrific things they have said over the years about Donald Trump.
This is a small sampling.
You know, how do you say it?
I mean, he's talking about genes and that the that immigrants have bad genes.
It's kind of fascist.
I think the Nazis.
And people are actively, actively choosing when they go in to vote for this guy to vote for a bigot, a fascist, a man who says he wants to be an authoritarian and a dictator on day one.
Yeah, the men's club grill at country clubs that are perfectly fine voting for a guy who talks about vermin, a Nazi term, who also uses sort of the fascist slogan of go back to where you came from for sitting members of Congress that don't happen to be white.
And then yesterday, just take a look at him.
Just seriously, like, what is this, 1933?
And it could go on and on in a loop.
Why Donald Trump decided to meet with them, I don't know.
I'm not going to question the president-elect.
That's a decision that he makes on his own.
And maybe he just wanted to clear the air.
And there's probably a big part of him that doesn't even know how awful they have been to him and why they want to meet with a fascist, a Nazi, a bigot, a white nationalist, and every other name that they called him on a regular basis.
You know, the people that peddled, you know, their network peddled more lies and conspiracy theories.
You know, they never once stood up for what would be real justice or equal justice under the law.
They've allowed the lawfare against Donald Trump to go, you know, totally uncriticized or lacking any critical thought, any honest, you know, intellectual honesty on their part.
You know, even the valuation of Donald Trump's, you know, Mar-a-Lago at 18 million, which is obscene and absurd.
They didn't once stick up for Donald Trump.
And the idea now that they want to have a conversation with him, I think the conversation is over.
I would have nothing to do or nothing to say to these people.
And it is the most bizarre thing.
And I can't believe what's going to come out of my mouth.
But I think the ladies over at that hard-hitting news show on ABC, The View, had it right when they were critical of this trip.
Listen.
I think there's a lot of people who are probably looking at what Joe and Mika did and find it opportunistic.
There are people who change their stripes or maybe their spots, I should say, today, depending on who is in power and what benefits them.
I don't know that that's what they are doing.
And to me, it's a to be determined situation because right now it's the transition.
We don't know what he's going to do as president.
We don't know what they're going to do if he commits abuses of power as president.
So, you know, everybody has to live with their decision.
Everybody has to look at themselves in the mirror.
I'm good.
We have to be very clear-eyed when we think about the president-elect and cover the president-elect.
And I don't think you need to sit down for 90 minutes at Mar-a-Lago and kiss his ring to be able to speak truth and to be able to cover a story.
So maybe they're not journalists in the true sense.
Maybe they're saying that they're opinion journalists, but we have to remember that Trump is the guy who ushered in the era of fake news.
He is the guy who ushered in alternative facts.
They are the ones that peddled the phony news.
The irony of all of it is none of these people have come to the realization yet that legacy media died and it is dead.
It is gone.
It is buried.
And I keep going over this because the one thing that stands out in this election, for nine years, every major newspaper, every broadcast channel, every late night comedy show, with the exception of Greg Gutfeld, and every single liberal cable news network, of which they are a part of, has done nothing but obsess and call this man every name in the book.
And the country, they've heard it.
You know, at different times, they heard it.
I don't think anybody could tolerate watching Liberal Joe and Mika, you know, for more than two minutes without wanting to flip the channel fast and as reflected by their low ratings.
But putting all that aside, now, I don't know what Donald Trump's thinking.
Now, the Bible does tell us that we should forgive people 70 times seven.
Linda and I have fun discussions about this all the time because she, you know, Linda is gotten into Bible studies.
She's got a new pastor and she's doing great things in her spiritual life, which we've talked about.
And I'm doing the same in mine.
I'm not, I'm not, I'm very open about it.
And we do need to forgive people 70 times seven.
Linda, what are the odds you would ever forgive Joe and Mika if you were Donald Trump?
Less than zero.
Less than zero.
But at least the women of the view are being more honest about it.
I would say all day, every day, somebody telling me to my face, don't talk to me.
Don't say hello.
Don't say love.
That's fine.
We don't have to like each other.
We don't.
It's all good.
Deep down you like me.
You, I like.
I do.
But there's a lot of people I don't like, and they do know it.
Oh, I know.
You have a hate.
Because I'm not fake.
I'm not about the fake.
You are very real.
Now, you can forgive somebody, but you don't have to forgive me.
Absolutely.
That's my point.
You don't have to be.
You don't even have to talk to them, but you can forgive them.
As a matter of fact, the Bible says the Lord's Prayer, forgive us as we forgive, right?
Yeah, I do it every week.
I do it every week.
I do it every week.
You're supposed to do it every day, every time somebody screws you over.
Oh, my gosh.
I want to be when you get to the pearly gates.
I'll probably be waiting.
Listen, every night I do the same thing.
I'll be one of the recognizable people.
And I'll be laughing.
You'll be like, oh, look, here she's going to try and get in and watch this.
This is going to be great.
No, I'm going to go to St. Peter or whoever's in charge of the Pearlie Gates, and I'm going to put in a good word for you.
I'm going to try.
I'm going to need it.
Thank you.
I appreciate it.
Yeah, I think you might need a little help there.
Maybe I'll be like your defense attorney and say, forgive them, Father, for she knew not what she was doing.
But see, I do.
And I say to God every night, I'm like, listen, I know you created me in your image.
You already know that I have a lot of issues and I'm working on it.
And every night I ask for forgiveness and every day I try to do my best.
You know, like I took my car in for inspection and they said my horn was getting worn down, you know, but it's better for me to beep at you than to roll.
I've heard that horn a lot.
Yeah.
If you have a conversation when you're driving a car, it's a very real thing.
And then a lot of explosives come out of your mouth.
You blanking, blanketing.
But I don't roll my window down, which is an improvement.
Oh, so you just say it, you know, you used to roll your window down and you just say it out loud in the car to yourself.
Every once in a while, I still roll it down, but I'm working on that.
Okay.
You need to, that's not a good idea.
You're going to get the wrong thing.
Not today because people are nuts.
You know what I mean?
You can't carry anything in New York.
So, you know, whatever.
Yeah.
It's it's and then by the way, you are describing the true nature of Christianity versus the phony nature, which is everybody thinks that Christians are like sanctimonious, self-righteous.
They want to proselytize.
No, I don't.
You know, if you want to talk to me about God and my faith, I'll gladly share it with people.
But for me, faith is a very personal thing.
But the idea that, you know, oh, the Christian screwed up.
Oh, they love when like prominent Christians fall from grace.
No, the idea if you're a Christian is the first thing you admit is that you failed and that you are a sinner and that you are seeking God's redemption.
That's right.
And if you look at the word repentance, you're asking God to change your heart.
That's what it means.
You're admitting you're a piece of garbage.
I'm never going to admit I'm a piece of garbage because I don't think God creates garbage.
I know liberals think we're garbage.
No, we become garbage by making dumb decisions.
Oh, that's a lot.
But, you know.
Now I sound like Joe Biden.
Yeah, I'm like, I don't know about that word.
But I kind of used it on purpose.
All right, quick break.
We'll come back.
We'll hit the phones.
800-941-Sean is our number if you want to be a part of the program as we continue.
Final hour roundup is next.
You do not want to miss it.
And stay tuned for the final hour free-for-all on the Sean Hannity Show.
All right, let's get to our busy phones.
800-941 Sean is our number if you want to join us.
The Lisa Ohio Sean Hannity Show.
Hey, Lisa, how are you?
Hi, Sean.
I'm good.
How are you, sir?
I'm good.
What's on your mind?
First of all, I'd like to thank you for the authenticity of your platform and the fact that you honor the American people with the truth.
We very much appreciate that.
Thank you for giving it to me because I can't, if you don't listen or watch, I'm done.
I'm finished.
I'll be fired.
I know a lot of people who do.
We're very loyal listeners, so we really sincerely appreciate it.
But, you know, something hit home with me recently, a small business owner.
And I just was the recent disparaging and completely inaccurate comment targeting the Holterman's bakery, a small family-owned business, shamefully appalling.
I mean, frankly, it's a clear example of the mental health crisis in our world today.
I mean, when angry, disordered individuals feel entitled to intentionally alienate those who have integrity and good character, you know, by altering the narrative to suit their agenda, which is, I mean, frankly, very often to play the victim to an audience.
You know, look.
No, go ahead.
You finish your thought.
I'm sorry.
And you know, I just, you know, they assassinate their own character by doing so, you know, with anyone who's logical and rational.
But unfortunately, they have a huge audience.
You know, they're toxic bullies, and the playground is their platform for their toxic audience who all seem to be addicted to toxic drama.
I think I've said toxic enough here, but go on.
But let me tell you, they don't have the audiences they used to have.
The American people have chosen, and they've chosen not to believe them.
They've chosen not to trust them.
They have chosen and sought out, you know, talk radio and Fox News and podcasts and social media as sources of information that were not available to them years ago.
So in many ways, they have lost their grip on all influence and power, celebrity influence as well.
I mean, Oprah Winfrey, now there's reports it might be as much as $2.5 million that Harper Productions was paid.
All the people that did concerts, all the endorsements, Taylor Swift, Bon Jovi, Bruce Springs, they didn't mean a thing.
Beyonce, nothing.
Oprah, nothing.
They had no impact on the American people.
And I think this is a very critical moment that people need to understand.
You better tell people the truth.
And the American people proved to me this election how smart and discerning they are because they tuned out all that noise and they went with the change that this country desperately needs.
That's a good thing.
Lisa, we love our friends in Ohio.
God bless you.
And thank you for being with us.
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It's right around the corner.
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