0:00

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0:02

whatever the cost, expose his secrets behind

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the government take down of General Michael

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Flynn that Flynn knew what the intel

0:09

world have been up to. He ordered

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the first bought it of the use

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of contractors. This set off alarm bells.

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most dangerous person for Donald Trump to

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one. Flynn Deliver the Truth. Whatever the

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cost available now watch it today. Gotta

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see them now.com Salem now.com. Thanks

0:31

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0:33

Hugh Hewitt podcast bringing you the

0:36

best voices on the storage and

0:38

issues that matter. Here's another piece,

0:40

I trust you Enjoy you investigating

0:42

investigators who prosecuted the prosecutors. A.

0:45

Question. We come to. Often

0:48

these days. Representative

0:51

at least fanek from New York.

0:54

Hopes. It's the Department of Justice

0:56

his office of Professional Responsibility. She.

1:00

Has penned a letter to Set

1:03

Office. Filing. That

1:05

contains and ethics complaint against Jack

1:07

Smith. The prosecutor.

1:09

And the Trump. J. Sex and. Class.

1:12

My doctor case it's it's obvious. To.

1:15

Any reasonable observer. The Jack Smith is trying

1:17

to interfere with the Twenty Twenty Four election

1:19

and stop the American people from lacking Donald

1:21

Trump. He writes at every turn yes are

1:23

to accelerate his illegal prosecution President Trump. For

1:26

the clear, if on stated purpose of

1:28

trying him before the November election. The.

1:31

Justice Department's on Policy clue prohibits Smith

1:33

from doing so. And.

1:36

As a D O J employees bomb by those policies.

1:39

Moreover, When the district court imposed to

1:41

stay on the preceding Smith in his office

1:43

ignored they. Ignored. It and

1:45

continued fall discovery documents Misconduct has brought

1:47

disrepute to that part of justice and

1:49

entire Federal government. And. A D

1:51

O J his Office of Professional Responsibility

1:53

should impose the discipline that such conduct

1:55

warrants. And. Her letters detailed

1:57

with the. proper

2:00

citations to support the

2:03

accusations that she is making and requesting

2:06

the Office of Professional Responsibility

2:09

to investigate. What's

2:11

the likelihood that Jack

2:13

Smith gets slowed down by the Department of

2:15

Justice as

2:18

compared to the likelihood that he gets slowed

2:20

down by Judge Eileen Cannon, who seems to

2:22

be the only officer of

2:25

the court in these Trump proceedings that

2:27

is expressing any proper

2:29

skepticism in the direction of the federal

2:31

government or any other government.

2:35

Same could be said of the lack of skepticism

2:37

in Fulton County and Manhattan.

2:39

For more on all of this,

2:41

please to be joined by Andy

2:43

McCarthy, former Chief Assistant U.S. Attorney,

2:45

Southern District of New York, and contributing

2:48

international view as well as author of Ball of

2:50

Collusion, The Plot to Rig an Election and Destroy

2:52

a Presidency. Andy, thanks for joining us

2:55

again. Appreciate it. Good morning.

2:58

What about Stefanik's

3:02

request for a look-see into Jack Smith's

3:04

conduct by the Department of Justice and

3:06

and then not just whether or not

3:08

that would will actually go anywhere because

3:11

I suspect it won't, but the

3:16

substance of the argument that she's making that he is

3:18

in violation of

3:20

DOJ policies and

3:22

we're again it's just another

3:24

illustration of sort of the ends justify the means

3:26

protocol when it comes to Trump. Well

3:30

I agree with you I don't think her complaint

3:32

is gonna go anyplace but I don't think that's

3:34

the point of it I think she's trying to

3:36

make a public case which is

3:39

really the only one that you can make

3:41

at this point that the Democrats are running

3:43

the Justice Department they're running this prosecution so

3:45

they're obviously not going to do anything internally

3:48

about it there may be

3:50

some relief in the courts you know

3:52

for all the complaining nothing

3:55

has happened in the In

3:57

the Washington case, since what is it

3:59

late February. Because it's been tied up

4:01

in appeals for that in and of itself is

4:03

a kind of of putting the brakes on it.

4:05

But it is true that there is. Explicit

4:08

Justice Department guidance which is a

4:10

wall on Prosecutors funded from the

4:13

D O J Manual that says

4:15

that you can never take. The.

4:17

Political calendar into account

4:20

when making prosecutorial decisions

4:22

and. Smith has been

4:24

on a bash about. The fact that

4:26

he's making is so you know he's

4:29

his place to get to trial is

4:31

over The idea that Trump has to

4:33

be try prior to election Day which

4:36

is completely inappropriate. There's no. Rule

4:39

of Law Reason why that has to

4:41

happen This know that there simply is

4:43

no reason and a A I think

4:45

what keeps up the game is down

4:48

in Florida. In

4:50

one of the arguments down there, Smith's

4:52

prosecutor said that they. That. The

4:54

so called sixty Day will. They.

4:56

Don't think it applies to trump? Com.

4:59

And when asked by George Kennan why it

5:01

didn't the sixty day role is this. Unwritten

5:04

rule where they're not supposed to

5:06

take action. Within. Sixty days

5:09

of an election to avoid are

5:11

influencing in one way or the

5:13

other. And when can and ask

5:15

why. No. Sixty De Rosa Trump's

5:17

of what smith lawyer said as

5:19

he is already been indicted so

5:21

everybody already knows what the you

5:23

know what the underlying facts the

5:25

case or so a can't really

5:27

affects the election So if that's

5:29

true then why do we have

5:31

to have a trial parietal exactly

5:33

right about that place that I

5:35

still. Don't.

5:39

Ya they talk it out about size of their mouths

5:41

that that's what they do. Ah

5:43

and so the on. This

5:47

island Canada's in terms of

5:49

the disclosures that she made

5:51

the documents he ordered dead

5:53

unsealed last week on. There

5:55

were some some interesting. Information

5:59

there. That. Just.

6:02

Put your provides more contacts and sort of

6:04

for like. A anybody paying

6:06

attention this is not going to be

6:08

in a particular shocking but it's still

6:10

important to understand and documents. It's like

6:12

what you suppose is true and then

6:15

what the is confirmed to be true.

6:17

Those are not the same thing one

6:19

that term. You. Had the

6:21

White House involvement in this from

6:23

very early. I'm talking with classified

6:26

documents. You

6:28

got more and more substantiation that the

6:30

D O J did, in fact threaten.

6:34

On the judicial nominations have.

6:37

A code defendant. Waldner.

6:39

Walt Nada. In the case, With

6:42

lawyer who did that it still and and the

6:44

prosecutor who did that is still running much a

6:47

step forward. But. It's okay,

6:49

right? And then also the

6:51

issue of for Trump's security

6:53

clearance of allegedly being retroactively

6:56

revoked and how that would

6:58

impact his said. The

7:02

of the propriety of have him having

7:04

classified documents or declaring something classified or

7:06

not. I mean it seems that the

7:08

we just have more evidence that is

7:10

this whole thing has been again cooked

7:12

up and justify the means. We gotta

7:14

figure out a way to get this

7:16

guy by hook or by crook. Well.

7:20

I've always thought of it. Wrote about

7:22

this a couple of times. you know,

7:24

biden this whole idea bree Jack Smith

7:26

and was to create the illusion of.

7:29

Independence in the idea that the the

7:31

White House and them Biden Justice Department

7:33

didn't have anything to do with both

7:36

with the proper investigation prosecution of Trump

7:38

and I've I've argued a number times.

7:40

It's always been. Ridiculous.

7:44

There's. No prosecutor in the federal

7:46

government. Or who is and

7:48

who actually has his own power. Everybody

7:51

is a delegate. Cool. Exercise

7:53

the President's tower at the President's pleasure.

7:55

The only power? The Executive Branch. Belongs

7:58

to the President Foods. The council

8:00

works for the President's Justice

8:02

Department, and reports of President's

8:04

Attorney General, but more to

8:07

the point, I'm. You.

8:09

Know under the Presidential Records Act.

8:12

Once. A president or.

8:15

Try. Six declare. On

8:17

confidentiality in connection with documents

8:20

that arise out of his

8:22

administration. By statute, they have

8:24

to go to the incumbent

8:27

president. And asked him to

8:29

take a position. On whether

8:31

they're they're gonna follow executive privilege

8:33

or not. That's that's based in

8:35

the cake. There's nothing Biden could

8:38

do about that. Though. He

8:40

tried to swap that off on the I'm.

8:43

On the Federal Records Administration and Than

8:45

and tried as for ten, that underlings

8:48

are actually making these decisions. but she's

8:50

in the middle of it. Is though,

8:52

it's unavoidable, the prosecution is under his

8:54

power. And

8:56

we know from the reporting that we

8:59

got about a month ago from Politico

9:01

that he's been pretty aggravated at. Attorney

9:04

General Carlin because Trump hasn't been

9:06

brought to trial yet. He's.

9:09

He's he says it's should app in

9:11

the long time ago so you know

9:13

his campaign. Is the Trump Trials

9:15

he's not get a win. A. Second

9:18

term. On promises like a

9:20

let's Give to wish relief to the

9:22

whack job woman at Columbia whom you

9:25

don't rise in an explicit speech yesterday.

9:27

And by the way, let's bring all

9:29

the publicity. Is it as refugees? The

9:31

I don't think that's gonna be a

9:34

effective. A real actually

9:36

program. so she's begging on

9:38

the Trump prosecutions. For. Purposes

9:40

of reelection and so far.

9:43

It. Backfired on them because I think the

9:45

public looks at this as they say this is

9:48

as this is not the way we're comfortable with

9:50

having. The. Criminal Justice system

9:52

used even if you're not

9:54

a Trump fan. But

9:56

we look. what we don't know than is how are

9:59

people going to read. That. One.

10:01

Trump. If it happens, get convicted of

10:03

a felony right? and we just don't

10:05

know exactly what's gonna happen until that

10:07

happens. With that's not We've got some

10:09

indication from polling by the but it's

10:11

it's not. It doesn't tell you enough

10:13

because it doesn't tell. Yeah yeah who

10:15

would rethink their support of Trump then

10:17

how the in what the net net

10:19

is? You know there's some segments of

10:21

the electorate that sadly saying that it

10:24

would that we they would reconsider whether

10:26

or not as for Trump as he

10:28

was a convicted felon. But but it's

10:30

it's very hard. To to discern that it and

10:32

spread that over the swing states at this point your

10:34

I say I completely agree that's an unknown at this.

10:36

or maybe if we have trying to get convicted in

10:39

New York we can find out what the crime is.

10:41

Because. In the indictment says it went. the crime is

10:43

is that how we're going to find the right. Where

10:46

be that's that's a really good point

10:49

because it to the you not to

10:51

the discussion were having. Now I think

10:53

it may not only. Matter

10:55

whether trump get. Convicted.

10:58

I think it matters what he gets convicted

11:01

of. So I think most people who now

11:03

watch what's going on in New York for

11:05

two years. Realize. That New

11:07

York is rigged against Trump. We what they're

11:09

doing. I wrote a column about

11:12

this yesterday. It's not only in violation

11:14

of this Federal constitution which requires an

11:16

indictment to say what the trial is.

11:18

New. York's constitution requires a lot

11:20

to tell people what it is

11:22

it's prescribe and the law that

11:24

dub that New York invoked here

11:26

I think violates the New York.

11:29

Constitution. Though this thing

11:31

is a farce if it happens on

11:33

the heels of the Civil Fried Trial

11:35

which was also a farce and I

11:37

think a lot of people going to

11:39

think New York is just with it's

11:41

elected Democratic. Prosecutors. Who promised

11:43

to use the power of their office to go

11:45

at the Trump? I think most people going to

11:47

just think New York is rigged against Trump. And

11:50

I don't think it'll count as much against them.

11:53

If. He gets convicted in this case and and I

11:55

agree with you but if he gets convicted maybe

11:57

we'll find out what he's convicted of. Well.

11:59

On. Why people and I is

12:01

compared to the said said cases Noise I hear

12:03

yourself and at least. Yeah, you

12:05

know that v The J Six Chase. It would

12:07

be bad for him if he got convicted and

12:10

I think if he got convicted of obstruction of

12:12

I don't see the Florida Keys done prior to

12:14

the. Election. Day. But I think

12:16

if he got convicted of obstruction down there in

12:18

Harlem. Is A Did you see you

12:20

see the classified as case going at all is

12:22

a possibility. So that Eileen Canon. Grants.

12:27

A motion to dismiss. The.

12:30

I don't. I don't see the case guy. I

12:32

don't see a motion to dismiss prior to election

12:34

day. And I don't see the case. Going.

12:38

But. I think that Smith has himself

12:40

to blame for that. If.

12:42

He is if he is tightly. Indicted

12:44

and obstruction face. And.

12:47

Left the classified documents to the

12:49

side instead of three dozen classified

12:52

documents Gas classified documents. Cases of

12:54

very hard to get to trial

12:56

because of all the statutory. A

12:59

procedure that has said that you have to

13:01

go through pre trial in order to determine

13:03

what's admissible, a trial and error appeals and

13:05

is either when you're trying hard to get

13:07

the case to trial. the those cases a

13:09

very are to get to trial. But.

13:11

I think Smith had two chances, one at

13:14

the beginning. When. He was deciding

13:16

what to charge and man. When.

13:18

Biden. When

13:20

the Special counsel said that you know Biden.

13:23

They have all the evidence they need to charge

13:25

him, but they decided not to charge him. Though

13:28

you know Biden said the same

13:30

federal A Classified Documents charges as

13:33

Trump's. And were conduct and they're

13:35

not going to charge biden at that point.

13:37

The smart thing to do would have been.

13:40

Dropped. The classified documents.

13:42

Charges. Against Trump because if you

13:44

tell when everyone Trump and Biden

13:47

should be treated differently because Trump

13:49

obstructed the investigation and Biden studies.

13:52

Then. The thing to do is drop. The.

13:54

Course of like charges against both at the

13:56

and just to trump on the obstruction and

13:58

if they had done. I think he

14:01

could have gotten the case to trial

14:03

was basket but I don't see it

14:05

happen and they can. They taken do

14:07

it because it runs counter to their

14:10

political messaging on the topic in then

14:12

in that political messaging is is critical

14:14

to creating this site. Ah wealth to

14:16

sustaining this story that he is a

14:18

threat to our democracy and his recklessness

14:21

with class at Information does does indeed

14:23

her national security in a in all

14:25

the stuff that you you hear from

14:27

the hyper ventilating a folks on Msnbc.

14:30

And Cnn and elsewhere that it's all A

14:32

you know, it's it's it's upset. Everything about

14:34

this is what type of. Political.

14:36

In terms of both timing as

14:39

well as messaging and so right

14:41

dates to some extent you're right

14:43

They they have to take the

14:45

up more difficult path because of

14:47

how they backed themselves into a

14:49

corner rhetorically and terms of the

14:51

the the political messaging the did

14:53

this is so also with the

14:56

Supreme court's decisions pending and both

14:58

presidential immunity and the the a

15:00

provision of the Sarbanes Oxley Act

15:02

that's been used the interruption of

15:04

social proceeding against Trump and. Hundreds

15:06

of other day six defendants. I mean,

15:10

Is. Is there any chance that. Dj.

15:12

Six Trial. Starts. Before election

15:14

day. There.

15:16

Is but I think it's gonna depend

15:19

on. Maps again.

15:21

I'm. I have a feeling after

15:23

listening to the argument. And

15:26

and following the issue carefully that what the

15:29

court is likely to do. Is.

15:31

Sell the case back to.

15:33

Judge. Shotgun. With. Instructions to

15:35

sort out what's an official act versus what

15:38

you would supply. That act that doesn't have

15:40

any. Conceivable. Immunity

15:42

claim. And. That would require a

15:44

lot of proceedings, but at the same time.

15:47

At. The level argument: Trump's lawyers conceded

15:49

that there are major ports of

15:51

that incitement. Are that are? Just

15:53

try that. Activity. and down

15:56

and are not covered by be could not

15:58

be covered by community Smith

16:01

told Judge Chukin, you know what, we're

16:04

not going to go forward on anything other

16:06

than the stuff that's clearly personal

16:08

and clearly private, not immunized.

16:11

And we'll just leave the rest of the case on

16:14

the cutting room floor and we'll just go forward on

16:16

this part of the case, which would mainly be the

16:19

so-called fake electors scheme.

16:22

And then they have Trump also signing

16:25

a verification in one of the election

16:28

challenge cases, I think in Georgia

16:31

where they say there was false information. He

16:34

could go to trial on just that stuff and

16:37

he could probably get the case to trial. But I think,

16:39

yeah, and this is the same point that you just raised,

16:41

which is they want the whole case. You

16:44

know, they want the riots, they want, you

16:46

know, they want everything. They want the vice

16:48

president communications. They want the communications with the

16:51

state officials. All the stuff that Trump can

16:53

argue is official activity that

16:55

he has immunity from. So

16:58

again, I think if Smith had

17:01

faith in his case and were willing to say, no,

17:03

we'll cut it down to the bone, but we want

17:05

to go to trial, he could go to trial and

17:08

he'd have a chance, especially in Washington, of convicting him.

17:10

But I just don't see him doing it. So

17:13

we have the Supreme Court effectively as

17:15

the backstop. That's still

17:17

really an effect as a check on what's

17:19

happening at the district and appellate court level.

17:23

Is there any check in the New York

17:26

state court system? Because it

17:28

seems like what you were

17:30

describing, what I have been describing and others

17:32

with respect to Alvin Bragg and

17:35

the trial court

17:37

with respect to gag orders, with

17:40

respect to, you were

17:42

just saying, the violations of not just

17:44

the United States Constitution, but New York

17:46

State's own constitution and

17:49

the appeals on these matters, the

17:51

efforts to get something resembling a

17:54

fair trial have all

17:56

been thwarted. And there just doesn't seem to

17:59

be any backstop. Who. Are

18:01

this talk mata routine that Alvin Brag

18:03

and a Judge Merchant are doing at

18:05

the trial court level. Not.

18:08

let me let me put it this way. I think. There.

18:10

Is a backstop that it may not be a sufficient

18:13

backs up. When. I say there is

18:15

a backstop. Would would you ever in

18:17

your life have believed up until last

18:19

week that Harvey Weinstein conviction would be

18:21

reversed by the New York Appellate Court?

18:23

I didn't think it would. Be. And.

18:25

Yet they did because it was it a

18:28

fair trial and that. Were completely right about

18:30

that. And that, right? right? Oh yes, they

18:32

got to back up with it. Took three

18:34

years. And. How does it help trump

18:36

that the get you know I think all these that

18:38

if they he gets convicted in the New York case

18:40

I think it'll be thrown out on appeal but that

18:42

may not happen till twenty twenty six. Am

18:47

I want to read you a paragraph

18:49

us from this interview that Trump did

18:51

for Time Magazine and you know this

18:53

is said. To how far will he

18:55

go the people are talking about and it's

18:57

all about of course this the insinuation that

18:59

of how much of a dictator will probably

19:01

we know it can be attire about how

19:03

much of a tyrant under this line he

19:05

said the. Interviewer asks

19:07

him about up. In

19:10

what can be different than a second term

19:12

and he basically they did topline, I can

19:15

be quite as nice as Terrible particular his

19:17

his enemies as he describes himself thing in

19:19

his first term on a matter of mine.

19:22

This is the paragraph Trump has not appoint

19:24

a real special prosecutor. Chronicler.

19:26

To go after Biden, I would want to

19:29

hurt Biden. He says I have too much

19:31

respect for the office, but he suggests Pine

19:33

State may be tied to an upcoming Supreme

19:35

court ruling and by the presence can face

19:37

criminal prosecution if they say that a president

19:39

doesn't get immunity since Trump and by name

19:42

should be prosecuted for all his crimes on.

19:44

So. any you know they go

19:47

and said trump directing the department justice

19:49

or special prosecutor go after someone and

19:51

so on and so forth as that

19:53

v irony of course of what actually

19:56

happened to trump is completely lost ignored

19:58

by the same people i understand. But

20:01

in terms of Trump's posture in a second

20:03

term, number one, is there

20:06

a special prosecutor that's needed? Why not just

20:09

charge the Department of Justice to enforce the

20:11

law, including against a former

20:13

president, depending on what is

20:16

what more comes from this investigation, if

20:18

there is more to come. And

20:21

sort of your reaction to

20:23

his thought process with respect

20:25

to Biden after he

20:27

took a pass on Hillary Clinton

20:30

in 2016 when he won? Well,

20:33

look, he took a pass on Hillary Clinton not knowing

20:35

what they had in store for him, right?

20:38

So he's like once burned, twice shy.

20:40

But the other thing is I

20:43

can't help just being

20:46

hysterical about this in a funny way,

20:48

because I spent hours

20:51

last week listening to the Supreme Court

20:53

argument where Mike Drieben, who

20:55

was the lawyer for the special

20:57

counsel, got up in front of the

20:59

Supreme Court and said, look, you don't

21:01

have to worry about politicized prosecutions,

21:05

because we have a structure here.

21:07

Prosecutors take oath. They never act

21:09

politically. They have to go to

21:11

the grand jury and show them

21:14

probable cause. Otherwise, there can't be

21:16

any indictments. And you don't have

21:18

to worry about the attorney general

21:20

because he gets evaluated by the

21:22

Senate before he can be confirmed.

21:25

All this stuff about politicized prosecutions, you don't

21:27

need to worry about any of that. Right.

21:29

And then you have Trump, who's

21:32

like slightly ahead in the polls right

21:34

now, who is promising that when he

21:36

gets elected, he's the candidate of retribution.

21:39

At the very moment, they're in front of

21:42

the Supreme Court, they're saying there's no politicized

21:44

prosecutions. Trump can't be there

21:46

because he's up in New York where

21:48

Alvin Bragg, the elected Democrat, is on

21:51

trial in a charge where we don't

21:53

even know what the crime is at

21:55

this point. And Drieben's looking at Justice

21:57

Alito and saying, no, no, no, don't worry. nothing

22:00

political here to worry about. I

22:02

mean, please. Andy

22:04

McCarthy, former chief... Wipped up about it. Yeah,

22:07

former chief U.S. Assistant Attorney, Southern District

22:09

of Manhattan, contributing international review, author of

22:12

Ball of Collusion. Andy, thank you

22:14

as always for your insights. Appreciate it. Thanks,

22:16

guys. Have a great week. Thanks for

22:18

listening to the Town Hall Review. If you enjoy

22:21

your podcast, take a moment, tell a friend to

22:23

subscribe today. Send them to

22:25

our website, townhallreview.com. I'm

22:28

Hugh Hewitt. Thank you for joining us. documentary,

22:55

Flynn, deliver the truth, whatever

22:57

the cost, and covers the facts

22:59

behind the scandal. Flynn told the truth.

23:01

He was the most dangerous person for Donald

23:03

Trump to hire. I find out the worst

23:06

enemy that I'm going to face in my

23:08

life is right here in America. They took

23:10

my assessment and they wanted me to change

23:12

it. I was like, I'm changing it. I

23:14

had to get rid of Flynn. With

23:17

in-depth interviews, archival footage, and never

23:19

before seen personal record to the

23:21

man behind the headlines. I just

23:23

felt like I was drowning. Flynn,

23:26

deliver the truth, whatever the cost.

23:28

Available now. Watch it today. Go

23:30

to satelmnow.com. satelmnow.com.