Latest / Unshaken & Unafraid with Joe Pags / UUJP Ep 151- Alan Dershowitz Unfiltered: Epstein Files, Trump's Third Term & Corrupt Judges5-29-26
Transcript
- 0:00Speaker 1: Jeffrey Epstein's personal attorney, Alan Durschwitz, the famed attorney. He's
- 0:04Speaker 1: the man who sat with him, talked with him, knew
- 0:06Speaker 1: every secret. Well, he's talking to me right now, and
- 0:09Speaker 1: what he just said about Donald Trump changes everything you
- 0:12Speaker 1: think you know about this case. Simple question I've got, professor,
- 0:16Speaker 1: and I don't know what the answer is or why.
- 0:17Speaker 1: The answer isn't very easy. Why don't we just release everything,
- 0:21Speaker 1: everything's out there. Let's protect the victims. I don't want
- 0:23Speaker 1: to see the videos, obviously, but let's just put it
- 0:25Speaker 1: all out there in the ether, and let's stop pretending
- 0:28Speaker 1: this is a political football.
- 0:30Speaker 2: Why can't we I agree with you. First, there or
- 0:32Speaker 2: no videos. I wish there were. I had hoped that
- 0:35Speaker 2: there'd be a videotape of every single bedroom, in every
- 0:37Speaker 2: single room in the ass right, and it would prove
- 0:40Speaker 2: do anything wrong. In fact, from day one when I
- 0:42Speaker 2: was accused, I said, I hope there are videotapes. I
- 0:44Speaker 2: hear by wave and he writes the videotapes. I wave,
- 0:47Speaker 2: and he writes to emails. I wave and he writes.
- 0:49Speaker 2: You know, if you're innocent, if you didn't do anything wrong,
- 0:51Speaker 2: you have nothing to fear by everything coming out. The
- 0:53Speaker 2: only people who should be protected are miners. Remember that
- 0:58Speaker 2: the cast of women. There are four categories of women,
- 1:01Speaker 2: the minders, the real victims, Those are real victims. Then
- 1:04Speaker 2: there are the twenty five year olds who came back
- 1:06Speaker 2: over and over again for two hundred and fifty dollars.
- 1:08Speaker 2: They weren't victims, they were you know, transactional. They wanted
- 1:12Speaker 2: two hundred fifty dollars. Then there's the third of those
- 1:15Speaker 2: people who then became pimps, who then went out and
- 1:18Speaker 2: procured other young women. And there are several of those.
- 1:22Speaker 2: And then finally, the most interesting group of people, women
- 1:25Speaker 2: who never met Epstein. Their lawyers just said to them,
- 1:27Speaker 2: you want fifty thousand dollars, all you have to do
- 1:29Speaker 2: is make a claim, and they made up stories. So
- 1:32Speaker 2: you know, there's a lot of truth, a lot of falsity,
- 1:34Speaker 2: and the best way to respond is let it all
- 1:36Speaker 2: hang out, get everything out there. Nobody deserves, you know.
- 1:40Speaker 2: It's so interesting. There's a debate now about whether Joe
- 1:43Speaker 2: Biden as president should have his privacy protected when he
- 1:48Speaker 2: was giving a deposition. Do we really care about the
- 1:52Speaker 2: president's privacy, the privacy of everybody else has been violated
- 1:56Speaker 2: by the release of the of these Epstein emails. But
- 2:01Speaker 2: you know that's the price you pay when there's a
- 2:04Speaker 2: public interest in something. So everything ought to be out.
- 2:07Speaker 2: Joe Biden's deposition ought to be out, Every deposition or
- 2:11Speaker 2: to be open, except if they involve minor victims.
- 2:14Speaker 1: He's got a brand new book. It's called Could President
- 2:16Speaker 1: Trump Constitutionally Serve a Third term? It's Professor Ellen Derschwitz. Also,
- 2:19Speaker 1: she got the drst Show and follow him Ellen dersh
- 2:22Speaker 1: over on X. When it comes to Epstein, the lies
- 2:25Speaker 1: from the left are just mind boggling. If President Trump
- 2:28Speaker 1: were implicated at all, they would have redacted everything except
- 2:30Speaker 1: his name, and they would have released it during the
- 2:32Speaker 1: four years of Biden. What we also know is they're
- 2:34Speaker 1: trying to suppress the fact that Donald Trump, the citizen
- 2:38Speaker 1: told the authorities in early two thousands, you got to
- 2:41Speaker 1: do something about this guy. He's doing really bad things.
- 2:43Speaker 1: We also know that he kicked Jeffrey Epstein out of
- 2:46Speaker 1: mar A Lago. So the left keeps on pretending that
- 2:49Speaker 1: the Epstein implication on Trump is the reason why we
- 2:52Speaker 1: don't see everything. What are your thoughts on that.
- 2:54Speaker 2: Well, it's not only thus I have evidence. I have evidence.
- 2:57Speaker 2: I actually asked Jeffrey Epstein if Trump was involved, and
- 3:01Speaker 2: I said to him, if you can pin anything on
- 3:04Speaker 2: Donald Trump, on Bill Clinton, on anybody famous, I can
- 3:07Speaker 2: get you a better deal. That's what criminal defense lawyers
- 3:09Speaker 2: do all the time. They stay to clience. You know.
- 3:12Speaker 2: I used to say to my criminal law class, if
- 3:15Speaker 2: you're going to commit crimes, commit it always with somebody
- 3:17Speaker 2: more important than you, so you can turn them in
- 3:19Speaker 2: and they can't turn you in. So you know, if
- 3:22Speaker 2: Epstein had anything on Trump, the first thing you would
- 3:25Speaker 2: have done was told me his lawyer to help him
- 3:27Speaker 2: get a better deal. Because he was furious of the deal,
- 3:29Speaker 2: you know, they called the sweetheart deal. He fired me.
- 3:31Speaker 2: He wouldn't pay my fee. He said it was the
- 3:33Speaker 2: worst deal ever. He told whatdy, Allen, I was the
- 3:35Speaker 2: worst lawyer ever because I made him go to jail.
- 3:38Speaker 2: I made a deal that required him to spend eighteen
- 3:42Speaker 2: months in jail. But if he had on Trump or
- 3:45Speaker 2: Clinton or anybody important, obviously he would have told.
- 3:49Speaker 1: It is Alan Dershowitz of course drsh dot substack dot
- 3:52Speaker 1: com as the website as well. Check out his new
- 3:54Speaker 1: book called good President Trump constitutionally serve a third term.
- 3:58Speaker 1: This is going to be a political football for the midterms.
- 4:00Speaker 1: We're gonna hear Epstein thirty times a day and twice
- 4:02Speaker 1: on Sunday. You're going to see this going into the
- 4:04Speaker 1: twenty twenty eight election. How do we make this go away?
- 4:07Speaker 1: How do we make the American public understand we now
- 4:09Speaker 1: know everything there is to know about Epstein? Let's move
- 4:12Speaker 1: on because we're all we all still feel like we're
- 4:15Speaker 1: in the dark.
- 4:16Speaker 2: Well, I think it has been mishandled by everybody right
- 4:20Speaker 2: from the beginning. Everything should have been disclosed. There are
- 4:23Speaker 2: judges who were at full judges who have refused to
- 4:26Speaker 2: disclose material. We've asked judges who opened the material open
- 4:30Speaker 2: the files because I want to have all the evidence
- 4:32Speaker 2: out there. But some judges have said no. Some prosecutors
- 4:36Speaker 2: have said no. And I don't know why some of
- 4:39Speaker 2: the stuff you know, just recently came out. It should
- 4:42Speaker 2: have come out years and years and years ago. So
- 4:45Speaker 2: I think the only way to put this behind us
- 4:47Speaker 2: is by releasing everything but the names and identities of
- 4:52Speaker 2: anybody who was under the age of eighteen when they
- 4:55Speaker 2: allege these events. Occurred.
- 4:57Speaker 1: There's been some information that Galli Maxwell would like to
- 5:00Speaker 1: get out. She wants your sentence commuted to get a pardon.
- 5:02Speaker 1: Then she'll turn state's evidence and she'll tell everything that
- 5:05Speaker 1: she knows about everything. Would that be a good move
- 5:07Speaker 1: by the Trump administration?
- 5:09Speaker 2: It would be. It would be. First of all, she
- 5:11Speaker 2: got way, way, way too high a sentence for what
- 5:14Speaker 2: she is accused of doing. Second of all, she knows everything.
- 5:17Speaker 2: She's the one who made all the arrangements. She made
- 5:19Speaker 2: all the airplane arrangements. She was his major domo. She
- 5:23Speaker 2: ran his life in many ways during some of the
- 5:26Speaker 2: years at least, and if she were given immunity, she'd
- 5:29Speaker 2: have no reason to protect anybody. So she tell the
- 5:32Speaker 2: whole truth. But you know they don't want the truth.
- 5:35Speaker 2: I went on television and I looked in the eye
- 5:38Speaker 2: these phony congressmen Roe Connor and some of the others. Yeah,
- 5:42Speaker 2: and I said, you want to have witness, call me.
- 5:46Speaker 2: I hit by way all my privileges. I'll tell you everything.
- 5:50Speaker 2: Call me. They won't call me because the last thing
- 5:52Speaker 2: they want is the truth, because the truth is largely nothing.
- 5:58Speaker 2: We know everything that's out there. And if they called
- 6:02Speaker 2: me as a witness, they would lose their ability to
- 6:05Speaker 2: keep saying there's more and more and more and more.
- 6:07Speaker 2: So the last thing they want is for me or
- 6:10Speaker 2: somebody like me to be a witness. And they don't
- 6:12Speaker 2: want Glaine Maxwell to be a witness because she'll say
- 6:14Speaker 2: everything and everything is largely nothing.
- 6:17Speaker 1: Well, they thought they were going to shut you up
- 6:19Speaker 1: when the accusation came out. You came in my show
- 6:21Speaker 1: almost the same day and you said, here's the fact,
- 6:23Speaker 1: I haven't been with anybody but my wife in decades
- 6:25Speaker 1: and decades. And then the woman ended up retracting what
- 6:28Speaker 1: she said, saying that she made a mistake. So you've
- 6:30Speaker 1: been cleared completely. Why not sit you down in the
- 6:33Speaker 1: witness chair and have you tell the truth that you
- 6:35Speaker 1: know what's the problem, because they don't want it to
- 6:38Speaker 1: go away. Alan, that's the deal. They want this to
- 6:40Speaker 1: be a thing.
- 6:41Speaker 2: I know that if I testify, it will be the end,
- 6:44Speaker 2: not the beginning, because and if Glainne Maxwell testifies, because
- 6:47Speaker 2: we'll tell between the two of us, we know a
- 6:51Speaker 2: great deal. Now. You know, I stopped my relationship with
- 6:53Speaker 2: Epstein around twenty ten, so I don't know what between
- 6:57Speaker 2: twenty ten and the time he either committed suicide or
- 7:02Speaker 2: was murdered. We still don't know that for sure, but
- 7:04Speaker 2: I know all the relevant time period when most of
- 7:07Speaker 2: this action occurred because I was his lawyer. I questioned
- 7:11Speaker 2: him about it, and I know everything about that. So
- 7:16Speaker 2: they don't want to They just don't want to hear it.
- 7:19Speaker 1: It is, Professor Allan Durschwitz. The new book is called
- 7:21Speaker 1: could President Trump constitutionally serve a third term? We'll get
- 7:24Speaker 1: into that in earnest In a second, I want to
- 7:26Speaker 1: talk about mail in ballots, and maybe even more broadly,
- 7:31Speaker 1: it isn't mentioned in the Constitution our right to vote.
- 7:34Speaker 1: It's not one of the Bill of Rights. We know
- 7:35Speaker 1: that you've got to be an American citizen to be
- 7:37Speaker 1: able to vote in our elections. Federally, for some reason,
- 7:40Speaker 1: local municipalities and states are changing that where you can
- 7:42Speaker 1: vote if you're here illegally, if you're not a citizen.
- 7:44Speaker 1: They're giving driver's licenses to everybody. Professor, can you spell
- 7:48Speaker 1: out from my audience and from me the right, the privilege,
- 7:51Speaker 1: the duty, the responsibility to vote in the United States
- 7:53Speaker 1: of America, And how was it outlined by our founding fathers?
- 7:57Speaker 2: Well, the frantic fathers were terrible, and the issue voting.
- 8:00Speaker 2: Almost nobody voted when the estion was written. You had
- 8:04Speaker 2: to own property. In some jurisdictions, you had to be
- 8:07Speaker 2: a Protestant. You know, you hear a lot about America
- 8:09Speaker 2: being a Christian country. It was never a Christian country,
- 8:14Speaker 2: but it was sometimes a Protestant country. It was frulently
- 8:18Speaker 2: anti Catholic. You should read some of the letters between
- 8:21Speaker 2: Adams and Jefferson and what they say about Jesuits. Massachusetts
- 8:25Speaker 2: had a law saying if you harbor a Jesuit, you
- 8:29Speaker 2: go to prison, and if they catch a Jesuit priest,
- 8:32Speaker 2: they can execute them. The anti Cathology was rampant, except
- 8:36Speaker 2: in Georgia and maybe in Rhode Island, but in much
- 8:39Speaker 2: of the country. So when you hear that it's a
- 8:42Speaker 2: Christian country, always substitute the word Protestant for Christian. It
- 8:46Speaker 2: was a Baptist, Congregationalists, Unitarian. John Adams said, by the
- 8:52Speaker 2: end of the next century, everybody in America will be
- 8:54Speaker 2: buried as a Unitarian. Unitarianism, you know, they believe in
- 8:59Speaker 2: at most on God, and so you know, we are
- 9:03Speaker 2: a country that's been mixed right from the beginning and
- 9:05Speaker 2: then the beginning of the twentieth century, we became the diverse,
- 9:08Speaker 2: most heterogeneous country built on immigration. And you know, we're
- 9:12Speaker 2: a country of immigrants, but we're a country of legal immigrants.
- 9:15Speaker 2: And you can't have open borders when you have a
- 9:17Speaker 2: country of immigrants, and undercuts the rights of the people
- 9:21Speaker 2: who played by the rules. So I'm glad that the
- 9:24Speaker 2: administration is finally enforcing immigration laws and they're doing a
- 9:30Speaker 2: good job of closing the southern border.
- 9:32Speaker 1: Now I could agree more, but by what mechanism did
- 9:36Speaker 1: we get to twenty twenty six? And how we vote.
- 9:39Speaker 1: You've got to be a citizen to vote. We want
- 9:40Speaker 1: to Save America Act, which would be you got to
- 9:42Speaker 1: prove your citizen to birth certificate, whatever it happens to be, passport,
- 9:47Speaker 1: You've got to show your photo idea to go and vote.
- 9:48Speaker 1: I'm for all of that, But how do we get
- 9:50Speaker 1: here from only land owners could, from only protestants could,
- 9:54Speaker 1: from only men could to where we are in twenty
- 9:56Speaker 1: twenty six? Is there something in law that says this
- 9:59Speaker 1: is how we vot vote in this country?
- 10:02Speaker 2: A little bit? We can't prohibit women from voting. By
- 10:05Speaker 2: the way, there's a myth out there that women started
- 10:08Speaker 2: voting only when a constitutional amendment was passed. No women
- 10:12Speaker 2: were voting in state elections for years and years and
- 10:14Speaker 2: years before the constitutional amendment was passed, Like eighteen year
- 10:18Speaker 2: olds were voting in many elections before the constitutional The
- 10:22Speaker 2: Constitution prohibited any states from denying voting on the basis
- 10:27Speaker 2: of being a woman, being black, or being eighteen between
- 10:31Speaker 2: eighteen and twenty one. So it's been a great process.
- 10:35Speaker 2: But the consensus of Americans is that you have to
- 10:38Speaker 2: be constitutionally eligible and a citizen of the United States,
- 10:42Speaker 2: and if you're not a citizen, you're not an American.
- 10:45Speaker 2: You and particularly if you're a citizen of another country,
- 10:49Speaker 2: you own your loyalty to another country, and you're not
- 10:51Speaker 2: a citizen of the United States, there's no right to vote,
- 10:54Speaker 2: and there's no right to vote by mail in ballot. Now,
- 10:57Speaker 2: you know, you may be able to make an argument
- 10:59Speaker 2: plausibly that, and it should be if you're sick and
- 11:03Speaker 2: you can't get to the ballot box, if you're a
- 11:06Speaker 2: soldier and you're serving abroad, if you're an ambassador, all
- 11:09Speaker 2: of that, okay, But just because people are lazy and
- 11:13Speaker 2: would rather vote on a computer or vote from home.
- 11:16Speaker 2: We know that there are problems with that kind of voting,
- 11:19Speaker 2: and there's something inconsistent with the obligation of a citizen
- 11:24Speaker 2: to vote. I love going to the ballot, I love
- 11:30Speaker 2: talking to my neighbors. I love the signs that are held.
- 11:33Speaker 2: You have to hold them like twenty feet away. But no,
- 11:37Speaker 2: that's America. The idea that you lick a stamp and
- 11:41Speaker 2: vote and then who knows if your vote gets counted
- 11:44Speaker 2: or gets counted properly. That really raises a lot of
- 11:48Speaker 2: questions about the credibility of elections. So I'm in favor
- 11:51Speaker 2: of in person voting, except with reasonable basis for people
- 11:56Speaker 2: who can't do it.
- 11:57Speaker 1: You know, there are some states that only vote by mail,
- 12:00Speaker 1: like Washington State. It doesn't make any sense. We found
- 12:02Speaker 1: out in twenty twenty that Mark Zuckerberg paid half a
- 12:04Speaker 1: billion dollars to have these zucker boxes all over the
- 12:07Speaker 1: place that weren't sanctioned. They weren't by law. The legislatures
- 12:10Speaker 1: of the state didn't say yes, we'll accept them, but
- 12:12Speaker 1: then they accepted all of them, and then Professor, they said, well,
- 12:15Speaker 1: accept your ballot nine to fourteen days after election day, Well,
- 12:19Speaker 1: how did that happen? So a federal judge in the
- 12:21Speaker 1: last twenty four hours, as I'm sure you know, has
- 12:23Speaker 1: decided that he's not going to block President Trump's executive
- 12:27Speaker 1: order that says you can't do mail in ballots unless
- 12:30Speaker 1: the provisions, like you said, you're using an absentee ballot,
- 12:33Speaker 1: you prove who you are, you verify that it's actually you,
- 12:35Speaker 1: But you can't just have widespread mail in ballots. Will
- 12:37Speaker 1: this stand up to the Supreme Court muster if they
- 12:40Speaker 1: decided to take that on before the midterms.
- 12:43Speaker 2: Yeah, And particularly in presidential elections, the Constitution basically says
- 12:48Speaker 2: that only the state legislature can determine criteria for voting. So,
- 12:52Speaker 2: for example, in Pennsylvania in the twenty and twenty election,
- 12:57Speaker 2: the courts allowed ballots to and after the legislature did right,
- 13:02Speaker 2: and that had made a difference. It didn't make a
- 13:06Speaker 2: difference in the county, but if it had made a difference,
- 13:09Speaker 2: the Supreme Court would have held that at constitutional.
- 13:11Speaker 1: It is Elan Derschwitz, of course, his steam professor. Go
- 13:14Speaker 1: to dirsh dot substock dot com, go to at Alan
- 13:17Speaker 1: Dershover on action get his new book called could President
- 13:20Speaker 1: Trump constitutionally serve a third term. If I'm in your
- 13:24Speaker 1: class profession and you asked me that question, my answer
- 13:26Speaker 1: would be no, tell me why I'm wrong.
- 13:28Speaker 2: Well, you'd get a C.
- 13:32Speaker 1: You're usually get me a's. I can't believe in getting
- 13:34Speaker 1: a seat today?
- 13:35Speaker 2: Yeah, what if you said that? No, the answer is no.
- 13:40Speaker 2: The framers of the amendment made a big, big, either
- 13:45Speaker 2: a mistake or they did it purposely. They had a
- 13:47Speaker 2: whole bunch of possible wordings that he couldn't serve, he
- 13:52Speaker 2: couldn't act, he couldn't be president, and they rejected them
- 13:56Speaker 2: all and instead adopted couldn't be elected president. So there
- 14:01Speaker 2: are about seven ways in which a two term president
- 14:05Speaker 2: can serve a third term without being elected to it,
- 14:09Speaker 2: and I outlined them all in my book. I showed
- 14:12Speaker 2: the book to President Trump in the Oval Office a
- 14:15Speaker 2: few months ago, and he had a good laugh out
- 14:17Speaker 2: of it, and he basically said, yeah, it's too cute.
- 14:21Speaker 2: But I think he got a kick out of it.
- 14:24Speaker 2: And I think what he'd really like to say is, look,
- 14:27Speaker 2: here's sir Schwitz's book. I can serve, but I'm going
- 14:30Speaker 2: to be like George Washington. I'm not going to serve.
- 14:33Speaker 2: I'm going to let it go to the next generation.
- 14:36Speaker 2: I'm going to be bigger than you know I could be,
- 14:39Speaker 2: so I can serve, but I'm not going to. I
- 14:42Speaker 2: think that would be as No.
- 14:44Speaker 1: I agree with you. Most people don't know this. They
- 14:46Speaker 1: were going to call George Washington, your highness, and he said,
- 14:48Speaker 1: I'm not a king, I am a president. I'm somebody
- 14:50Speaker 1: who just serves the people. And I think that President Trump,
- 14:53Speaker 1: you know, relating to that makes a lot of sense.
- 14:54Speaker 1: But let me just throw a couple of examples out.
- 14:56Speaker 1: Many people have said jend Vance can run for President Trump,
- 15:00Speaker 1: be the vice president nominee Vance resigns immediately after he
- 15:04Speaker 1: gets inaugurated, and then Trump becomes the president. Again, I
- 15:06Speaker 1: don't think that he can do that, but I'm getting
- 15:09Speaker 1: the feeling that you think that he can, or maybe
- 15:10Speaker 1: he could be the Speaker of the House, and the
- 15:12Speaker 1: president and vice president could both resign and he would
- 15:15Speaker 1: become the president. Then as well, go ahead, Well.
- 15:17Speaker 2: The only way you can do it. You can't run
- 15:19Speaker 2: for vice president. Remember we together have president and vice president.
- 15:23Speaker 2: In the eighteen hundred election, they ran separately and Aaron
- 15:26Speaker 2: Burr and Thomas Jefferson tie and Alexander Hamilton essentially broke
- 15:31Speaker 2: the tie and gave the Thomas Jefferson, who he disagreed
- 15:35Speaker 2: with completely completely. But Porty was thought he was a
- 15:37Speaker 2: man of character, whereas Burr was not a man of character,
- 15:40Speaker 2: and he think he proved it by killing Hamilton. Eventually.
- 15:44Speaker 2: You can't run for vice president if you're ineligible to
- 15:48Speaker 2: be president, but you can serve as You can be
- 15:51Speaker 2: appointed vice president the way Rockefeller was appointed vice president,
- 15:55Speaker 2: the way President Ford was appointed vice president, and then
- 15:58Speaker 2: you can ascend to the president and see upon the
- 16:01Speaker 2: death or resignation of the president. Or if you're the
- 16:04Speaker 2: Secretary of State or the secretary of Treasury, you can
- 16:07Speaker 2: become the Speaker of the House. You can become president.
- 16:10Speaker 2: So there are a variety of ways. What you can't
- 16:12Speaker 2: do is really you can't run for president, okay, and
- 16:16Speaker 2: you can't elect. You can't be elected president, but you
- 16:20Speaker 2: can serve as president.
- 16:21Speaker 1: Could President Trump constitutionally serve a third term? I cannot
- 16:24Speaker 1: wait to read that one. It's going to be very
- 16:26Speaker 1: very interesting, as I think you know. It's a television
- 16:28Speaker 1: news anchor for a long time. I've won a lot
- 16:30Speaker 1: of Awards in journalism, Excellence in Journalism and so on.
- 16:33Speaker 1: I know how to do the job very well. Your
- 16:36Speaker 1: suit against CNN, I think is very interesting. And now
- 16:38Speaker 1: they're saying, well, this really threatens New York Times versus Sullivan,
- 16:41Speaker 1: which I don't think it does. And it kind of
- 16:43Speaker 1: takes me to Don Lemon em betting himself with a
- 16:46Speaker 1: bunch of rioters who took over a church in Minneapolis
- 16:49Speaker 1: or in Saint Paul and pretending that he has some
- 16:52Speaker 1: superhero powers because he's a journalist. Professor, I think we've
- 16:56Speaker 1: overblown with the right to the freedom of the press
- 16:59Speaker 1: means it does, I mean you can break the law.
- 17:01Speaker 1: And hey, I'm with the press. It's not really a
- 17:03Speaker 1: law for me. It's a law for everybody else. That's
- 17:05Speaker 1: kind of what your suit is about. Right. Got to
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- 18:11Speaker 1: of money.
- 18:12Speaker 2: Yeah, it's about Thomas Jefferson. Thomas Jefferson had a view
- 18:16Speaker 2: of the First Amendment. He helped to draft it along
- 18:18Speaker 2: with Madison and Hamilton and others. They never never intended
- 18:22Speaker 2: the First Amendment to give the media a license to
- 18:25Speaker 2: lie about people. But in New York Cerentis versus Sullivan.
- 18:29Speaker 2: I was one of the walk clerks who helped write
- 18:31Speaker 2: that opinion. If you're a public elected figure, if you're
- 18:35Speaker 2: an elected public official, if you're the president, if you're
- 18:39Speaker 2: the vice president, if you're a mayor, then you have
- 18:41Speaker 2: to prove malice. But then the Supreme Court extended it
- 18:45Speaker 2: to you and me, to ordinary people who are in
- 18:47Speaker 2: the public light. And now we have to prove that
- 18:50Speaker 2: it was malicious. Now you know, in my case, two
- 18:54Speaker 2: journalists with together fifty years of experience heard me say
- 18:58Speaker 2: on videotape on the floor of the Senate that if
- 19:01Speaker 2: a president commits any crime trees and bribery or other
- 19:04Speaker 2: high crimes and misdemeanors, extortion, anything like that, they can
- 19:08Speaker 2: be impeached. Then they go in the air and they say, well,
- 19:11Speaker 2: Dershwood says, the president can't be impeached even if he
- 19:13Speaker 2: commits crimes like murder, robbery. They did it deliberately, with malice,
- 19:19Speaker 2: and yet the court found yes, I was defamed, Yes
- 19:22Speaker 2: I was libel, Yes it was a lie. Yes they
- 19:25Speaker 2: were stupid. Yes, all of that but I couldn't prove
- 19:30Speaker 2: malice because I couldn't get into their head and I
- 19:32Speaker 2: couldn't get them to admit on the witness stand that
- 19:35Speaker 2: they knew or should have known, that what they were
- 19:38Speaker 2: saying is Paul. So I'm hoping the Spring Court will
- 19:41Speaker 2: take the case and will limit New York Times versus
- 19:43Speaker 2: sulliv and not necessarily overrule it.
- 19:45Speaker 1: A CNN pretending that they just misunderstood you, because I mean,
- 19:50Speaker 1: how else would do you report that if it's not
- 19:51Speaker 1: malicious unless you're stupid and you misunderstood what Alan Dershwood said.
- 19:55Speaker 2: Well, what the judge said is they were stupid. The
- 19:58Speaker 2: judge said they was stupid. They couldn't a sentence together,
- 20:01Speaker 2: they didn't know what they were talking about. But Dershowitz
- 20:03Speaker 2: failed to prove that they actually knew that what he
- 20:07Speaker 2: said he said, and it was the worst back on
- 20:10Speaker 2: CNN imaginable that a judge. That's why CNN has never
- 20:14Speaker 2: talked about this case, even even when they won the
- 20:17Speaker 2: motion to dismiss. They wouldn't talk about it because the
- 20:21Speaker 2: judge's opinion was so terrible to them, saying that these
- 20:24Speaker 2: were the stupidest commentators. The stupidest editors. They couldn't string
- 20:27Speaker 2: a sentence together, they couldn't understand the sentence. The judge
- 20:30Speaker 2: said that Dershowitz said nothing of the kind, and yet
- 20:34Speaker 2: he found no malice. So we're asking the court to
- 20:37Speaker 2: change the definition of malice and make it possible at
- 20:40Speaker 2: least to sue people who deliberately lie in order to
- 20:45Speaker 2: try to undercut you, which is exactly what CNN did.
- 20:48Speaker 2: Cnnn banned me, won't allow me to be on The
- 20:52Speaker 2: New York Times banned me in ninety secondary, why ban me?
- 20:55Speaker 2: Temple Emmanuel banned me. You know I've been banned. Thank
- 20:58Speaker 2: you for having me on your show. But a lot
- 21:01Speaker 2: of people have banned me because I defended President Trump,
- 21:04Speaker 2: because I've now left the Democratic Party and become a Republican,
- 21:08Speaker 2: and so I'm persona on Grada, places like Harvard and
- 21:12Speaker 2: places like many many institutions in New York.
- 21:17Speaker 1: Well, my show is your show. You know that I'm
- 21:18Speaker 1: always glad to have you on. It's the Durst Show.
- 21:20Speaker 1: That's his show. Go and check them out. Dirsh dot
- 21:22Speaker 1: substack dot com. Get the new book called could President
- 21:25Speaker 1: Trump Constitutionally Serve a third term? And as we're watching
- 21:28Speaker 1: these court cases. There are so many judges that shouldn't
- 21:30Speaker 1: be in court. There's so many courts that I think
- 21:32Speaker 1: could be disbanded by the Congress. Can you quickly nutshell
- 21:35Speaker 1: it from my audience?
- 21:36Speaker 2: And for me?
- 21:36Speaker 1: The only court that is even mentioned in Article three
- 21:39Speaker 1: is the Supreme Court. Congress made every other court, every district,
- 21:43Speaker 1: every circuit, every everything. And I think Congress has the
- 21:45Speaker 1: power to get rid of people like Paula Zinnis who
- 21:47Speaker 1: is in love with Abrego Garcia, or like this loser
- 21:51Speaker 1: Bosberg who just because it's Trump, he's always against Trump,
- 21:54Speaker 1: or the idiot Marshawn in New York who didn't even
- 21:57Speaker 1: listen to actual evidence, or or Goon whatever his name
- 22:00Speaker 1: is in New York. Can't the Congress get rid of
- 22:02Speaker 1: these courts?
- 22:04Speaker 2: Can't get rid of the state courts, obviously the state judges,
- 22:08Speaker 2: but federal judge. A federal judge the other day was
- 22:12Speaker 2: caught having sex with police officials in her chambers and
- 22:16Speaker 2: making all kinds of loud sex loud yeah, yeah, and
- 22:20Speaker 2: you know you'd think somebody like that. The Constitution does
- 22:24Speaker 2: not give life tenure to judges. That's a mistake. It
- 22:27Speaker 2: gives them tenure during good behavior. Now, this judge having
- 22:31Speaker 2: sex in her chambers was not engaged in good behavior.
- 22:35Speaker 2: It may have been good sex, but it was not
- 22:37Speaker 2: good behavior, and so there is a basis for impeaching
- 22:42Speaker 2: her and getting rid of her. The impeachment provisions that
- 22:45Speaker 2: apply to president are different than the impeachment provisions that
- 22:49Speaker 2: apply to judges. Judges served during good behavior. Others serve
- 22:54Speaker 2: unless they commit treason or other high crimes and misdemeanors. So, yes,
- 22:58Speaker 2: judges can be if they engage in other than good behavior.
- 23:03Speaker 1: Well, I think the congres doesn't have a backbone when
- 23:05Speaker 1: it comes to a state judge like organ or this
- 23:08Speaker 1: marshan guy. Does the state legislature have to remove them?
- 23:10Speaker 1: Does the governor remove them? How do you take care
- 23:12Speaker 1: of that business?
- 23:14Speaker 2: Every state has different rules, but there are state rules
- 23:18Speaker 2: everywhere where you. Nobody's above the law. Judges are not
- 23:22Speaker 2: above the law, and if they engage in misconduct, they
- 23:26Speaker 2: should be removed. I sat in the courtroom of the
- 23:29Speaker 2: judge who presided under President Trump's so called criminal case,
- 23:34Speaker 2: the failure to disclose on his corporate forms, a settlement
- 23:39Speaker 2: that he made with somebody who had falsely accused him,
- 23:42Speaker 2: and that judge wasn't a judge, he was a prosecutor
- 23:46Speaker 2: in robes. He was just helping prosecution at every turn.
- 23:51Speaker 2: When I sat in that courtroom, I couldn't believe it.
- 23:54Speaker 2: You know, I've been litigating criminal cases for now, it's
- 23:58Speaker 2: more than sixty years, and I've never seen a trial
- 24:02Speaker 2: quite like that. When it's the second anniversary now of
- 24:05Speaker 2: Trump's conviction. But I'm convinced it'll be reversed on appeal.
- 24:08Speaker 1: I would think. So it's Alan Derschwitz. Go do dirstok
- 24:10Speaker 1: substock dot Com. I, Oh, you've got to go. Could
- 24:12Speaker 1: President Trump constitutionally serve a third term? I'd re remiss
- 24:15Speaker 1: of it and ask you quickly maybe a minute or
- 24:17Speaker 1: two on this e g. And Carroll is now being
- 24:19Speaker 1: investigated by the DOJ for possibly lying under oath. The
- 24:22Speaker 1: woman didn't remember anything, she said the most outlandish things
- 24:25Speaker 1: on CNN and interviews. She didn't seem to understand anything
- 24:28Speaker 1: that she allegedly or that she says allegedly went on.
- 24:31Speaker 1: Yet she somehow gets a civil ruling against Trump for
- 24:35Speaker 1: eighty three million dollars that he somehow was liable for
- 24:38Speaker 1: sexually assaulting her. What are your thoughts in this case
- 24:40Speaker 1: and does the DOJ have good meat here on the
- 24:43Speaker 1: bone to say she lied under oath in this case.
- 24:46Speaker 2: Well, they have a good president. Obviously. The president is
- 24:49Speaker 2: Bill Clinton. They went after him for lying in a
- 24:52Speaker 2: deposition civil deposition involving an accusation of sex, exactly the
- 24:56Speaker 2: same thing. They're not going after her department because she
- 25:01Speaker 2: lied about Bill Clinton, because she lied about Donald Trump.
- 25:04Speaker 2: They're going after her because she testified under oath that
- 25:07Speaker 2: she did not receive any payments by any outside sources
- 25:11Speaker 2: for bringing the lawsuit against Trump, and then it turned
- 25:14Speaker 2: out she did receive money from a billionaire and she
- 25:18Speaker 2: lied about that. And if that lie can be proved
- 25:21Speaker 2: beyond a reasonable doubt, and if it can be proved
- 25:23Speaker 2: that it was deliberate and willful, not just in misunderstanding,
- 25:27Speaker 2: then there is a possibility of a conviction. Look, I
- 25:30Speaker 2: would love to see the end of all of this lawfair,
- 25:33Speaker 2: partisan lawfair. But it started with the attacks on Get Trump,
- 25:37Speaker 2: and when that happened, I predicted it would become a cycle.
- 25:41Speaker 2: And so we have to break the cycle. And I
- 25:44Speaker 2: think the best way to break the cycle is for
- 25:48Speaker 2: everybody on both sides, state federal to stop targeting people.
- 25:53Speaker 2: Just go after people based on the evidence that they
- 25:56Speaker 2: have actually committed serious crimes.
- 26:00Speaker 1: You and I see here today. We still don't know
- 26:01Speaker 1: what the thirty four counts really were that Alvin Bragg brought,
- 26:04Speaker 1: because when somebody asked him what are the counts, he said,
- 26:06Speaker 1: I don't have to tell you that, and he tried
- 26:08Speaker 1: to tie it to election law, when the FEC itself
- 26:11Speaker 1: said no, there is no breach of law. We would
- 26:14Speaker 1: have brought charges had there been. So do you even
- 26:16Speaker 1: You're the smartest guy I know. Do you know what
- 26:18Speaker 1: the case was? The thirty four felties were no.
- 26:22Speaker 2: When I was in the courthouse, I went around to everybody.
- 26:25Speaker 2: I spoke to the prosecutors, what are the charges? If
- 26:29Speaker 2: I'm a juror, how do I figure this out? That
- 26:32Speaker 2: nobody could tell me. This is the weakest, worst criminal
- 26:35Speaker 2: case I saw in sixty years of practicing law. And
- 26:39Speaker 2: I sure hope and pray that the Appellate Division in
- 26:42Speaker 2: New York will have the courage to reverse this conviction.
- 26:45Speaker 2: The there mostly Democrats, and they were appointed by Democrat
- 26:49Speaker 2: governors and confirmed by Democrat legislatures. So it's how Bill
- 26:54Speaker 2: but I don't see how they could write an opinion
- 26:57Speaker 2: affirming this case on the merits. And if they do,
- 27:00Speaker 2: I think the Court of Appeals to New York, which is
- 27:02Speaker 2: the highest court, will reverse, and if not, we'll go
- 27:04Speaker 2: all the way after the United States Supreme Court. I
- 27:06Speaker 2: don't see this case surviving all review.
- 27:10Speaker 1: Could President Trump constitution? We serve a third term? That's
- 27:12Speaker 1: the brand new book going get it. It's at Alan
- 27:14Speaker 1: dersho over on X. I know you got to go.
- 27:16Speaker 1: Thanks for making time today.
- 27:18Speaker 2: Always a pleasure to be on with you. Keep doing
- 27:20Speaker 2: great things.
- 27:20Speaker 1: I always appreciate talking to Professor Alan Dershowitz. Remember there
- 27:23Speaker 1: were allegations against Tim and the woman who made the
- 27:25Speaker 1: allegations actually retracted them later saying no, that she got
- 27:28Speaker 1: the wrong guy. He came right out and he said
- 27:30Speaker 1: I had nothing to do with that. I was his lawyer.
- 27:33Speaker 1: Everybody has the ability to have an attorney and to
- 27:35Speaker 1: have representation. But are you with me? Shouldn't we just
- 27:38Speaker 1: put every single thing out there in the ether, in
- 27:41Speaker 1: the public square and let everybody know what Epstein was
- 27:44Speaker 1: all about, What kind of a deal was he? How
- 27:47Speaker 1: did you own islands? How is he worth billions of dollars.
- 27:50Speaker 1: What about Gilaine Maxwell, would you say yes, let her
- 27:53Speaker 1: out of prison, to let her speak on everything that
- 27:56Speaker 1: she knows. We have to know what the bottom line
- 27:58Speaker 1: is with this now so we can move past it.
- 28:00Speaker 1: The left is using it against the right. The right
- 28:02Speaker 1: is using it against the left, and it doesn't make
- 28:04Speaker 1: a whole lot of sense. While we're not just saying okay,
- 28:06Speaker 1: open book here, it all is have a nice day.
- 28:09Speaker 1: As those of you who don't like Trump right now
- 28:10Speaker 1: we're saying, well, Trump's protecting himself. Those of you who
- 28:13Speaker 1: don't like Biden or the left, they were protecting themselves.
- 28:17Speaker 1: The fact is, if there's anything that is a real
- 28:20Speaker 1: allegation against President Donald Trump when it comes to Epstein,
- 28:23Speaker 1: it would have been released in the four years of Biden.
- 28:26Speaker 1: So I definitely want to hear from you on that.
- 28:28Speaker 1: Leave me a comment and tell me if you want
- 28:30Speaker 1: everything released or not. While we're doing that, are you
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- 28:43Speaker 1: lot of people really like what I'm laying down, thousands
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