Latest / Pod Save America / A Front Row Seat to Trump's Trial
Transcript
- 0:00Speaker 1: Smart journalism. Fascinating topics. Words that describe CNN's podcast, The
- 0:05Speaker 1: Assignment with Audie Cornish. Last year, the Army missed its
- 0:09Speaker 1: recruitment goal. It had 65,000 spots to fill and came
- 0:13Speaker 1: up 10,000 short.
- 0:14Speaker 2: Of that target.
- 0:16Speaker 1: Why is it so hard to recruit?
- 0:17Speaker 3: How's the Pentagon responding?
- 0:19Speaker 1: And how are the voices of service members on social
- 0:22Speaker 1: media shifting the balance? Listen to The Assignment with Audie
- 0:26Speaker 1: Cornish wherever you get your podcasts.
- 0:35Speaker 4: Thank you.
- 0:52Speaker 2: Welcome to Pod Save America. I'm Jon Favreau.
- 0:54Speaker 5: I'm Dan Pfeiffer.
- 1:13Speaker 2: Legal scholar and former White House ethics lawyer Norm Eisen,
- 1:16Speaker 2: our old friend, stops by to talk about his front
- 1:19Speaker 2: row seat to Donald Trump's Manhattan trial and all the
- 1:22Speaker 2: rest of the week's legal news. But first, Donald Trump
- 1:26Speaker 2: used his one day off from sleeping at his criminal
- 1:29Speaker 2: trial to hold two campaign rallies in Wisconsin and Michigan.
- 1:33Speaker 2: Just one day after Judge Mershon held him in contempt
- 1:36Speaker 2: of court for violating his gag order and threatened him
- 1:39Speaker 2: with jail time. Trump responded by calling the judge crooked
- 1:42Speaker 2: and corrupt. He also said the trial is bullshit. He
- 1:46Speaker 2: did avoid attacking the actual witnesses, though, but he had
- 1:48Speaker 2: plenty of other targets. He called Chris Christie a fat pig,
- 1:52Speaker 2: said he might not accept the results of the 2024 election,
- 1:55Speaker 2: accused pro-Palestinian protesters of being, quote, paid actors, and characterized
- 2:00Speaker 2: all of this as, quote, having a little fun on
- 2:03Speaker 2: the campaign trail. Here's what Trump's idea of fun sounds like.
- 2:07Speaker 6: To every college president, I say remove the encampments immediately,
- 2:11Speaker 6: vanquish the radicals, and take back our campuses for all
- 2:15Speaker 6: of the normal students who want a safe place from
- 2:19Speaker 6: which to learn.
- 2:20Speaker 5: And, you know, you saw it last night. That's one
- 2:22Speaker 5: good thing that really happened.
- 2:24Speaker 6: You saw it last night because New York was under
- 2:26Speaker 6: siege last night. It was a beautiful thing to watch.
- 2:29Speaker 6: New York's finest. Crooked Joe is now reportedly planning— this
- 2:33Speaker 6: is wonderful news for you people in Wisconsin— to bring
- 2:36Speaker 6: massive numbers of Gazans from the Middle East all live
- 2:42Speaker 6: to your American towns, your towns and villages. Your towns
- 2:47Speaker 6: and villages will now be accepting people from Gaza and
- 2:51Speaker 6: various other places, Yemen, lots of other places. Joe Biden
- 2:56Speaker 6: seems to determine to, he's just determined to create the
- 3:00Speaker 6: conditions for an October 7th-style attack right here in America.
- 3:04Speaker 5: It's going to happen.
- 3:05Speaker 6: Under no circumstances shall we bring thousands of refugees from
- 3:09Speaker 6: Hamas-controlled terrorist epicenters like Gaza to America. We just can't
- 3:14Speaker 6: do it.
- 3:14Speaker 2: All right. So the next day, in what seemed like
- 3:17Speaker 2: another universe, President Biden had this to say about the
- 3:20Speaker 2: campus protests.
- 3:21Speaker 7: We are not an authoritarian nation where we silence people
- 3:24Speaker 7: or squash dissent. The American people are heard. In fact,
- 3:29Speaker 7: peaceful protest is in the best tradition of how. Americans
- 3:32Speaker 7: respond to consequential issues, but neither are we a lawless country.
- 3:39Speaker 7: We are a civil society. An order must prevail. There's
- 3:43Speaker 7: the right to protest, but not the right to cause chaos.
- 3:48Speaker 7: People have the right to get an education, the right
- 3:50Speaker 7: to get a degree, the right to walk across the
- 3:53Speaker 7: campus safely without fear of being attacked. Let's be clear
- 3:57Speaker 7: about this as well. There should be no place on
- 4:01Speaker 7: any campus No place in America for anti-Semitism or threats
- 4:06Speaker 7: of violence against Jewish students. There is no place for
- 4:09Speaker 7: hate speech or violence of any kind, whether it's anti-Semitism, Islamophobia,
- 4:15Speaker 7: or discrimination against Arab Americans or Palestinian Americans. It's simply wrong.
- 4:20Speaker 7: There's no place for racism in America.
- 4:22Speaker 2: So, slightly different takes from those two. So, Trump hasn't
- 4:26Speaker 2: really talked much about the war in Gaza beyond... answering
- 4:30Speaker 2: reporters' questions. And his basic take has been Israel should
- 4:34Speaker 2: be able to do whatever they want, but just they
- 4:37Speaker 2: should do a better job hiding all the death and
- 4:39Speaker 2: destruction from the rest of the world. He thinks it's
- 4:41Speaker 2: a PR problem. He also has a personal beef with
- 4:44Speaker 2: Bibi because Bibi Netanyahu recognized that Joe Biden won the election.
- 4:47Speaker 2: So that's his thoughts on Israel when he's asked. Now, though,
- 4:51Speaker 2: in both Michigan and Wisconsin at these rallies, he is
- 4:54Speaker 2: making attacks on the and Palestinians a more central part
- 5:00Speaker 2: of his message and sort of refugees and immigrants writ large.
- 5:04Speaker 2: What do you think he's up to there?
- 5:06Speaker 5: It's not particularly subtle, I'll tell you that.
- 5:09Speaker 3: No.
- 5:09Speaker 5: For all of like the dumb shit Trump says, all
- 5:13Speaker 5: the rabbit holes he goes down, the petty fights he
- 5:16Speaker 5: picks with people, he has been remarkably disciplined in a
- 5:21Speaker 5: larger meta-narrative about his candidacy going all the way back
- 5:24Speaker 5: to 2016, right? Back to the very first speech he
- 5:26Speaker 5: gave when he came down that escalator. which is that
- 5:28Speaker 5: the world is a scary, chaotic place. Danger is coming
- 5:34Speaker 5: to America, to your home. And even though you may
- 5:37Speaker 5: not agree with everything I say or everything I do,
- 5:40Speaker 5: you may find me uncomfortable in some ways, but I
- 5:42Speaker 5: am the one person who is strong enough to protect you.
- 5:44Speaker 5: And so the more he can bring this image of
- 5:48Speaker 5: chaos to America, to this campaign, to put that in
- 5:52Speaker 5: people's minds, he believes that will benefit him in this election.
- 5:56Speaker 5: It's not subtle. It's incredibly racist. It's incredibly dangerous to
- 6:00Speaker 5: say that this is bringing an October 7th style attack
- 6:04Speaker 5: to America, to demagogue refugees and try to make them
- 6:09Speaker 5: seem like scary terrorists as he has done with immigrants,
- 6:11Speaker 5: as he does on some other issues. But that's what
- 6:13Speaker 5: it is. And the protests dominating the conversation here have,
- 6:18Speaker 5: I think, allowed him to fuse sort of his world
- 6:22Speaker 5: that's dangerous and America's coming apart at the seams into
- 6:26Speaker 5: one message is why I think he's now taken the
- 6:28Speaker 5: step to actually talk about it more. Because he has
- 6:30Speaker 5: been worried about trying to navigate the two challenging parts
- 6:34Speaker 5: of the Republican base, which is one, the very pro-Israel
- 6:38Speaker 5: right wing, and then the isolationism part. And the protests
- 6:42Speaker 5: sort of allow him to ally that conversation and just
- 6:45Speaker 5: sort of weaponize it to his benefit.
- 6:47Speaker 3: Yeah.
- 6:47Speaker 2: And also, by the way, he's dealing with border crossings
- 6:51Speaker 2: have been down. And so he's not as able to
- 6:56Speaker 2: take advantage of that issue and chaos at the border
- 6:59Speaker 2: and so now he's got the protests and also that's
- 7:01Speaker 2: why he's connecting the in the weirdest way possible the
- 7:05Speaker 2: the border with the protests uh he was saying that
- 7:09Speaker 2: um the protesters are paid actors trying to distract us
- 7:13Speaker 2: from the southern invasion of you know immigrants from uh
- 7:17Speaker 2: the middle east and and china and and africa and
- 7:21Speaker 2: look it is a It's absolutely a political campaign move.
- 7:27Speaker 2: He doesn't really care about Gaza or Israel that much.
- 7:29Speaker 2: He does care about people who are angry or afraid
- 7:33Speaker 2: or even just unsettled by all the protests. And he
- 7:37Speaker 2: wants to tell them he's with them. He'll stop them
- 7:38Speaker 2: by any means necessary. He thrives on creating an us
- 7:41Speaker 2: versus them narrative. And them is always foreign invaders or
- 7:46Speaker 2: treasonous radicals or liberals.
- 7:49Speaker 5: Right.
- 7:50Speaker 2: And so he's got to otherize people, which is what
- 7:51Speaker 2: he's been doing with these protests, too. I mean, this
- 7:53Speaker 2: is it's his favorite thing.
- 7:55Speaker 3: Right.
- 7:55Speaker 2: Like this is his absolute wheelhouse. But I don't think
- 7:57Speaker 2: it's just a campaign. It's not just a campaign move either.
- 8:02Speaker 2: I mean, he has if you know, if you've seen
- 8:04Speaker 2: footage of police arresting protesters, you know that some of
- 8:08Speaker 2: these officers like don't really need encouragement from the president
- 8:12Speaker 2: to get tougher, but they're going to get a lot
- 8:15Speaker 2: more than encouragement from Trump if he wins. He has
- 8:20Speaker 2: talked about ordering police and military to shoot protesters, to
- 8:25Speaker 2: shoot suspected shoplifters, not with rubber bullets, with real bullets.
- 8:30Speaker 2: He wants mandatory stop and frisk in every city. He
- 8:33Speaker 2: wants to withhold federal funding from police officers who refuse.
- 8:38Speaker 2: He wants to send in the National Guard and the
- 8:40Speaker 2: military to use against protesters and to hunt down immigrants.
- 8:44Speaker 2: And we didn't play it, but when Biden walked away, someone,
- 8:47Speaker 2: you know, Mike Johnson has been saying, President Biden's got
- 8:50Speaker 2: to send in the National Guard. The Congress has been,
- 8:52Speaker 2: you know, other Republicans in Congress have been saying that
- 8:54Speaker 2: clearly Trump wants to do that. Trump's planning to do
- 8:56Speaker 2: that if he wins again. So that's on the agenda. And,
- 9:00Speaker 2: you know, if you're upset with what's happening to the
- 9:03Speaker 2: protesters right now, and some of the scenes are extremely upsetting,
- 9:07Speaker 2: it can and will get much, much worse under Donald Trump.
- 9:10Speaker 2: And he's telling us that.
- 9:11Speaker 5: And you can apply that to every single issue.
- 9:13Speaker 3: Right. Right.
- 9:14Speaker 2: And it's not to say that it's great now, but
- 9:15Speaker 2: it is it can get worse. It can get worse.
- 9:18Speaker 2: He's talked about the Insurrection Act, upset that the military didn't,
- 9:22Speaker 2: you know, shoot the protesters in front of the White
- 9:24Speaker 2: House back after the George Floyd protests. So, like I said,
- 9:29Speaker 2: these these guys don't need more encouragement from someone telling
- 9:32Speaker 2: them to to to knock some heads, you know. So
- 9:35Speaker 2: what did you think about Biden's decision to give remarks
- 9:38Speaker 2: on the protests? And like, how did you feel about
- 9:41Speaker 2: the message?
- 9:42Speaker 5: I listened, I did this thing where I just watched
- 9:45Speaker 5: them in real time without looking at my phone. And
- 9:48Speaker 5: my take was.
- 9:49Speaker 6: What?
- 9:49Speaker 5: I know, I know, I know. It just happened to
- 9:52Speaker 5: be that that's how I did it.
- 9:53Speaker 2: You gotta start with the tweets and then work your
- 9:55Speaker 2: way back. Come on.
- 9:56Speaker 5: Well, maybe I should have And my take was this
- 9:59Speaker 5: was a well-delivered, well-reasoned response to a very complicated situation
- 10:07Speaker 5: where there are incredibly strong feelings on both sides for
- 10:10Speaker 5: legitimate reasons, for legitimate passions about a very serious issue,
- 10:14Speaker 5: both what is happening in Gaza, obviously, then the response
- 10:17Speaker 5: from the police, disproportionate in many, many cases, and then
- 10:21Speaker 5: also to people reacting to examples and rhetoric and anti-Semitic
- 10:27Speaker 5: signs and violence that has been part, even if it's
- 10:31Speaker 5: isolated incidents, but are happening in and around some of
- 10:33Speaker 5: these protests. And so very complicated thing. I thought the
- 10:35Speaker 5: president delivered incredibly well. Then I did the thing I
- 10:38Speaker 5: often do, which is I opened up Twitter and I
- 10:40Speaker 5: saw that no one liked it. Everyone was mad about it.
- 10:43Speaker 5: People were mad on both sides. And maybe there is
- 10:46Speaker 5: no message that could navigate all of that and keep
- 10:49Speaker 5: everyone happy, right? Because there are elements of it. He
- 10:52Speaker 5: used the word disorder, which many people disagreed with. And
- 10:57Speaker 5: I understand why people have that disagreement, because civil disobedience
- 10:59Speaker 5: can be disorderly, and that it's different than violence and lawbreaking.
- 11:03Speaker 5: But on its whole, I thought it was the right message. Now,
- 11:06Speaker 5: the decision to do it I think the president was
- 11:09Speaker 5: right to go out and talk. This is one of those,
- 11:12Speaker 5: you know, so little breaks through to the public these days.
- 11:14Speaker 5: We talk about this all the time. It's just there's
- 11:17Speaker 5: political junkies like us live in one world and the
- 11:18Speaker 5: rest of the country lives in a completely different one.
- 11:20Speaker 5: This one is breaking through because it's happening on college campuses,
- 11:24Speaker 5: because the elite media loves nothing more than to cover
- 11:27Speaker 5: what happens on college campuses, and particularly if it's an
- 11:29Speaker 5: Ivy League school, then they are deeply in on it.
- 11:32Speaker 5: There's a lot of local press around this because it
- 11:34Speaker 5: even if the situations are not as well known or
- 11:37Speaker 5: even as large as they are maybe at UCLA or
- 11:41Speaker 5: Columbia or elsewhere, there are protests on lots of colleges around.
- 11:44Speaker 5: And then on social media, these videos are everywhere, right?
- 11:47Speaker 5: They're being pushed by both sides. They're being pushed to
- 11:49Speaker 5: show the level of dissent that is happening. There's being
- 11:52Speaker 5: the responses, the police response went viral. And so everyone's
- 11:56Speaker 5: talking about it. So it's right for the president to
- 11:58Speaker 5: do it. But ultimately, as you sit there from the
- 12:00Speaker 5: political strategist point of view, you're like, if we are
- 12:02Speaker 5: talking about this, Like sometimes you have to talk about
- 12:05Speaker 5: things that aren't in your chosen issue set, and this
- 12:08Speaker 5: is one of those moments. But another day of news
- 12:11Speaker 5: about this is something that probably made the Trump campaign very,
- 12:13Speaker 5: very happy.
- 12:14Speaker 3: Yeah.
- 12:15Speaker 2: I mean, look, I think the most effective thing Biden
- 12:17Speaker 2: could have said to make the protests go away was that,
- 12:20Speaker 2: you know, he brokered a permanent ceasefire in Gaza or
- 12:22Speaker 2: that he, you know, told Bibi Netanyahu that he refuses
- 12:26Speaker 2: to support Israel anymore if they decide to go invade Rafah,
- 12:31Speaker 2: which Netanyahu said he wants to do whether there's a
- 12:33Speaker 2: deal or not. And I think until either of those
- 12:35Speaker 2: things happen, I don't see the protests going away. So that's,
- 12:38Speaker 2: you know, I have a big disagreement with him there.
- 12:40Speaker 2: But I do think as you're sort of parsing the speech,
- 12:44Speaker 2: it is a really tough line to walk because I
- 12:46Speaker 2: think the line between what counts as peaceful protest and
- 12:50Speaker 2: what doesn't is a hard one to draw. Like violence
- 12:53Speaker 2: obviously isn't peaceful protest. Threatening violence obviously isn't peaceful protest.
- 12:58Speaker 2: Destruction of property is obviously against the law. Occupying buildings, encampments,
- 13:03Speaker 2: like I think those are legitimate forms of protest and
- 13:06Speaker 2: civil disobedience. But if there are rules and laws against
- 13:09Speaker 2: that kind of protest, and if you've been warned about
- 13:11Speaker 2: breaking those laws, then part of civil disobedience is accepting
- 13:15Speaker 2: the penalty for that. I mean, that's what Dr. King said, right?
- 13:18Speaker 2: He said that you should accept the penalty and you
- 13:20Speaker 2: should do so civilly, not uncivilly, right? That was sort
- 13:23Speaker 2: of the foundation of his belief in the civil rights movement.
- 13:26Speaker 2: And of course, the civil rights activists were not treated civilly,
- 13:30Speaker 2: but certainly they acted civilly. Look, I don't think that
- 13:33Speaker 2: means that cops should fucking fire rubber bullets at you
- 13:36Speaker 2: or tase you or beat the shit out of you.
- 13:38Speaker 2: But that's a whole separate problem. And so, look, I
- 13:41Speaker 2: think that Biden needed to communicate to people that we
- 13:44Speaker 2: need to have like the right of peaceful protest in
- 13:48Speaker 2: this country is sacrosanct. And like that, that's just very important.
- 13:53Speaker 2: And people have like strong feelings about this war. And
- 13:56Speaker 2: if they want to go put themselves on the line
- 13:58Speaker 2: for those beliefs, then they absolutely should. And they should
- 14:01Speaker 2: have the right to do that. And the fact that
- 14:04Speaker 2: we have this like militarized response isn't fucking great. But
- 14:08Speaker 2: also like you can't look at some of the scenes
- 14:11Speaker 2: of not just the scenes of vandalism because vandalism is vandalism.
- 14:15Speaker 6: Right.
- 14:15Speaker 2: But like this is this is unique. This is unlike,
- 14:18Speaker 2: I think, in Vietnam, the Vietnam protests, unlike the civil
- 14:21Speaker 2: rights protests where you have you basically have a marginalized
- 14:27Speaker 2: group or people protesting on behalf of a marginalized group.
- 14:31Speaker 2: That also, and we talked about this before, there's like,
- 14:34Speaker 2: you know, moments of anti-Semitism here, which is there's another
- 14:41Speaker 2: marginalized group is feeling threatened, right? And I don't think
- 14:43Speaker 2: we've seen that here for a while based on the protests.
- 14:47Speaker 2: And so that's why you see these like protesters and
- 14:49Speaker 2: counter protesters. And I do think that's why it feels
- 14:53Speaker 2: so raw and why it feels so tough and probably
- 14:56Speaker 2: why Biden stepped in to speak today. And also- You know,
- 15:00Speaker 2: he's going, he's speaking at the Holocaust Memorial next Tuesday,
- 15:05Speaker 2: I believe. And he'll be talking more about anti-Semitism there.
- 15:09Speaker 2: And I'm sure he'll probably have more to say about
- 15:11Speaker 2: Gaza as well.
- 15:12Speaker 5: Like, this is very challenging. The president is being cross-pressured
- 15:14Speaker 5: in several ways. He's being pressured to speak out about
- 15:17Speaker 5: the very visible uptick in anti-Semitism, not just at these protests,
- 15:21Speaker 5: the uptick in Islamophobia that we are seeing. He's being
- 15:25Speaker 5: pressured to talk about the disproportionate police response. He's being
- 15:30Speaker 5: pressured to talk about the isolated incidents of vandalism and
- 15:34Speaker 5: violence that are happening on American campuses that are canceling
- 15:36Speaker 5: classes and canceling graduations. And so he's trying to take
- 15:39Speaker 5: all of that and put it into one set of remarks.
- 15:43Speaker 5: And as you pointed out, the fundamental issue here is
- 15:46Speaker 5: a policy one, right? And until you address that, none
- 15:49Speaker 5: of the words are going to address it. I think so.
- 15:51Speaker 5: This was a tough call. It was not an easy task,
- 15:54Speaker 5: but I think the president was right to speak about it.
- 15:56Speaker 6: Yeah.
- 15:57Speaker 2: And look, and we can talk about we can debate protests.
- 16:00Speaker 2: We can debate all this stuff. But like the the
- 16:03Speaker 2: core issue, the reason there are protests in the first place,
- 16:06Speaker 2: the reason there are crackdowns on the protests, the reason
- 16:08Speaker 2: Trump's out there doing what he's doing at those rallies,
- 16:11Speaker 2: the reason Biden had to speak today is because the
- 16:13Speaker 2: war continues and no one has been able to end it.
- 16:18Speaker 2: No one has been able to force Bibi Netanyahu to
- 16:19Speaker 2: end it. And I don't think Joe Biden has used
- 16:21Speaker 2: some of his leverage to get more aid in. And
- 16:23Speaker 2: I know they're trying to work on a deal right now.
- 16:25Speaker 2: But he has not used all the leverage that he
- 16:27Speaker 2: has to try to end this war. So I think
- 16:31Speaker 2: when that happens, and hopefully it does happen soon, that's
- 16:34Speaker 2: when we'll start to see the protests actually go away.
- 16:49Speaker 2: At the Michigan rally, Trump also thanked the conservative Supreme
- 16:52Speaker 2: Court justices for overturning Roe v.
- 16:53Speaker 3: Wade.
- 16:54Speaker 2: And in Wisconsin, he offered up an early take on
- 16:57Speaker 2: how all these abortion bans are playing with people.
- 16:59Speaker 5: Let's listen.
- 17:00Speaker 6: A couple of states I won't mention, but a couple
- 17:01Speaker 6: of states really surprised people. But basically, the states decide
- 17:05Speaker 6: on abortion. And people are absolutely thrilled with the way
- 17:12Speaker 6: that's going on.
- 17:13Speaker 2: Absolutely thrilled. That's just rave reviews for Dobbs.
- 17:17Speaker 5: That's what I keep hearing from all the polls say.
- 17:21Speaker 3: Right.
- 17:21Speaker 2: Yeah. From from the six justices on the Supreme Court. Yeah.
- 17:25Speaker 2: It's thrilled like they are in Arizona, where Republicans have
- 17:28Speaker 2: been running terrified from the 1864 ban that a court
- 17:31Speaker 2: let go into effect. So much so that a few
- 17:34Speaker 2: of them, a few of the Republicans in the Arizona
- 17:36Speaker 2: legislature just joined with Democrats in voting to get it
- 17:39Speaker 2: off the books. Governor Democratic Governor Katie Hobbs is signing
- 17:42Speaker 2: that law today. That sound you hear is a relieved
- 17:46Speaker 2: Carrie Lake holstering her Glock. But on the same day,
- 17:52Speaker 2: Florida's six-week ban went into effect, which was why Kamala
- 17:55Speaker 2: Harris was there this week giving a speech where she
- 17:58Speaker 2: mentioned Trump 21 times. And the Biden campaign also released
- 18:02Speaker 2: a new ad called Prosecute. It's a seven-figure ad buy
- 18:08Speaker 2: that's running in all the swing states. And I guess
- 18:11Speaker 2: this weekend during the Kentucky Derby, here it is.
- 18:13Speaker 8: Tonight, Donald Trump's new comments on abortion, saying that some
- 18:17Speaker 8: states might choose to monitor women's pregnancies to possibly prosecute
- 18:22Speaker 8: women who violate abortion bans.
- 18:24Speaker 4: Two years ago, I became pregnant with a baby I
- 18:28Speaker 4: desperately wanted. And I learned that the fetus would have
- 18:32Speaker 4: a fatal condition and never survive. Because of the new
- 18:37Speaker 4: laws in Texas, I had to flee my own state
- 18:39Speaker 4: to receive treatment.
- 18:41Speaker 3: Donald Trump took away our freedom.
- 18:43Speaker 4: We need leaders that will protect our rights and not
- 18:46Speaker 4: take them away. And that's Joe Biden and Kamala Harris.
- 18:51Speaker 2: So let's start with Arizona. Good that they repealed the
- 18:53Speaker 2: extreme 1864 ban, but they still have a 15-week ban
- 18:56Speaker 2: on the books. How do you think this changes the
- 18:59Speaker 2: politics around abortion in Arizona and for Trump, or does it?
- 19:03Speaker 5: I don't think it changes the politics for Trump at all, right?
- 19:06Speaker 5: He is now where he was before, which is, He
- 19:10Speaker 5: is the person walking this planet singularly most responsible for
- 19:13Speaker 5: overturning Roe v.
- 19:14Speaker 3: Wade.
- 19:15Speaker 5: He has made a host of comments, some of the
- 19:18Speaker 5: ones you just referenced, which suggest just how extreme he
- 19:20Speaker 5: would be on abortion. He has said through his leave
- 19:23Speaker 5: it to the states policy that he is a de
- 19:27Speaker 5: facto supporter of even the most extreme bans like the
- 19:30Speaker 5: one in Florida, and that if he were to be elected,
- 19:33Speaker 5: he would be a supporter of Arizona passing a similar
- 19:35Speaker 5: law again. We also know that Democrats have a little
- 19:39Speaker 5: bit of an uphill battle to try to make voters
- 19:42Speaker 5: understand just how extreme he is on abortion. That was
- 19:44Speaker 5: true in the Arizona– before the Arizona Supreme Court decision.
- 19:46Speaker 5: That was true after it. And it's true after the
- 19:49Speaker 5: law was repealed. In the state of Arizona, I think
- 19:51Speaker 5: there is some sense that that law really focused people's
- 19:54Speaker 5: minds on the issue of abortion, that it was going
- 19:56Speaker 5: to put that top of mind for lots of voters,
- 19:58Speaker 5: that we believe that to be better for Democrats. I
- 20:00Speaker 5: don't think this changes it that much because there is
- 20:04Speaker 5: very likely to be an abortion referendum on the ballot
- 20:07Speaker 5: in Arizona. under all scenarios. And so as long as
- 20:10Speaker 5: that is the case, I think abortion will be an
- 20:13Speaker 5: incredibly important part of the political conversation and that Donald
- 20:15Speaker 5: Trump and Kerry Lake will have to answer for that
- 20:17Speaker 5: on a near daily basis.
- 20:19Speaker 6: Right.
- 20:19Speaker 2: And also, you know, it was a few Republicans that
- 20:22Speaker 2: joined with Democrats to get rid of the ban. We
- 20:23Speaker 2: have an election coming up and, you know, Arizona Republicans
- 20:27Speaker 2: are just a few votes away from reinstating the 1864 ban, right?
- 20:31Speaker 2: And so this election matters a lot. And like you said,
- 20:33Speaker 2: the referendum is also going to keep it top of
- 20:36Speaker 2: mind for people. Lovett and Tim talked a bit about
- 20:38Speaker 2: this on Wednesday's pod, but I would venture to guess
- 20:40Speaker 2: that Trump saying in his Time interview that he'd let
- 20:44Speaker 2: states monitor women's pregnancies is a policy that probably doesn't
- 20:48Speaker 2: land too well with the vast majority of voters in
- 20:51Speaker 2: this country. But, you know, you are the host of
- 20:53Speaker 2: Polar Coaster, so what do you think?
- 20:55Speaker 6: Yes.
- 20:56Speaker 5: Well, let me look at all the... Let me dial
- 20:58Speaker 5: up some poll numbers and see what this says. Let's
- 21:03Speaker 5: take a walk down memory lane for a second. Do
- 21:05Speaker 5: you remember... In 2012, the leading contender to be Mitt
- 21:09Speaker 5: Romney's vice presidential pick was not Paul Ryan. It was
- 21:13Speaker 5: a man named Bob McDonnell, who was the very popular
- 21:16Speaker 5: governor of Virginia. I don't remember this. He was a
- 21:18Speaker 5: very popular governor of Virginia. And Virginia was at the
- 21:21Speaker 5: point that was a huge swing state. If Obama could
- 21:24Speaker 5: not win Virginia, it made the calculus to getting 270
- 21:26Speaker 5: very challenging. So the thought was Romney would pick McDonnell.
- 21:29Speaker 5: He would win Virginia. He would be president of the
- 21:31Speaker 5: United States. But in the run-up to Mitt Romney making
- 21:33Speaker 5: his decision, Virginia Republicans tried to pass a law, under
- 21:37Speaker 5: McDonald's leadership, tried to pass a law that would require
- 21:39Speaker 5: every woman who wanted an abortion to have a, and
- 21:44Speaker 5: I'm using their words, not mine, a transvaginal ultrasound before
- 21:47Speaker 5: they can.
- 21:47Speaker 2: Get an abortion. Now I do remember this, yes.
- 21:50Speaker 5: And that law was so unpopular that they couldn't pass it.
- 21:54Speaker 5: It created a national scandal, and it completely sunk Bob
- 21:56Speaker 5: McDonald's political career. Now, states monitoring women's pregnancies, government, state
- 22:04Speaker 5: governments monitoring women's pregnancy makes that law look popular. You
- 22:08Speaker 5: would have to design in a lab something to be
- 22:11Speaker 5: as unpopular and fucking weird as what Trump is suggesting here.
- 22:16Speaker 5: I mean, God bless the Biden campaign for going up
- 22:18Speaker 5: as quickly.
- 22:18Speaker 6: As they are.
- 22:19Speaker 2: This is exactly- That was very quick.
- 22:21Speaker 5: It was great.
- 22:22Speaker 2: I was like, wait a minute. This is not a
- 22:23Speaker 2: digital ad. This is a seven-figure buy in the swing states.
- 22:26Speaker 2: I was wondering if they had another ad and they
- 22:28Speaker 2: just added the newscast- It.
- 22:32Speaker 5: Isn't that the old ad? They just spliced it in?
- 22:34Speaker 2: I think it's part of the old ad.
- 22:35Speaker 5: I'm sure they have a lot of footage in the can.
- 22:37Speaker 2: And they just threw in David Mirror at the top there.
- 22:40Speaker 5: As one does.
- 22:42Speaker 2: As one does in an ad, yeah. But no, I
- 22:44Speaker 2: imagine they heard what we all did or read what
- 22:47Speaker 2: we all did. Whatever you do with Time Magazine.
- 22:49Speaker 5: I'll tell you what you don't do. You don't see
- 22:52Speaker 5: it on the newsstand.
- 22:55Speaker 2: I saw some ex-Time reporters getting mad at you for
- 22:58Speaker 2: pointing that out, Dan.
- 22:59Speaker 5: I mean, just, I mean, it's just like, have some self-awareness, people.
- 23:05Speaker 5: The point of Time Magazine was, being on the cover was,
- 23:08Speaker 5: it sat on the newsstand and that people would see
- 23:11Speaker 5: you on the cover, even if they weren't buying it.
- 23:13Speaker 2: I guess there's still newsstands at airports, right? I guess
- 23:16Speaker 2: sometimes you walk around the city, you can see some.
- 23:18Speaker 6: I don't know.
- 23:19Speaker 2: I don't know where people are seeing Time.
- 23:21Speaker 5: They're not.
- 23:21Speaker 2: It's the airports.
- 23:22Speaker 5: They're not. They're not seeing Time. I mean, I wish
- 23:24Speaker 5: Time magazine was a great entity. I wish we still
- 23:26Speaker 5: lived in a world where it mattered. It does not.
- 23:28Speaker 5: The fact that Donald Trump did an 83-minute interview with
- 23:31Speaker 5: a relatively irrelevant print magazine to just drop opposition research
- 23:36Speaker 5: for the Biden campaign. It was a weird decision, but
- 23:38Speaker 5: I guess we should be grateful for it.
- 23:40Speaker 2: I will say it's also an example of like, everyone,
- 23:44Speaker 2: a lot of reporters have tried to, how do you
- 23:46Speaker 2: interview Donald Trump? How do you really get him? And
- 23:49Speaker 2: I do think that asking him just simple questions about
- 23:54Speaker 2: policies that are going to elicit an answer like this
- 23:58Speaker 2: one did is the way to go. Because all he
- 24:00Speaker 2: said was like, what do you think about states that
- 24:02Speaker 2: might do that? And in Donald Trump's lizard brain, right,
- 24:05Speaker 2: it's just states. It's all up to the states. It's
- 24:08Speaker 2: all up to the states. So he cannot bring himself
- 24:10Speaker 2: to weigh in in any way on the substance of
- 24:13Speaker 2: this debate, this policy debate, because he has no fucking
- 24:15Speaker 2: idea what he's talking about. And someone finally just got
- 24:17Speaker 2: him to say, I leave it up to the states.
- 24:19Speaker 2: And now he thinks that's that's his get out of
- 24:21Speaker 2: jail free card. And, you know, it's then he lands
- 24:24Speaker 2: in a situation like this where he's now saying, yeah, sure.
- 24:27Speaker 2: States can monitor women's pregnancies.
- 24:30Speaker 3: Yeah.
- 24:30Speaker 2: Great idea.
- 24:31Speaker 6: Unbelievable.
- 24:33Speaker 2: Unbelievable.
- 24:34Speaker 5: All right.
- 24:34Speaker 2: With all the protests and abortion banning going on everywhere,
- 24:37Speaker 2: you'd be forgiven for not noticing that Congress is back
- 24:41Speaker 2: in session, barely. And that's where we find our friend
- 24:43Speaker 2: Marjorie Taylor Greene plunging ahead with her quest to topple
- 24:47Speaker 2: Speaker Mike Johnson, despite having nowhere near the votes that
- 24:51Speaker 2: she needs. That's because almost no one in her party
- 24:54Speaker 2: supports the effort, including Donald Trump, and because House Democrats
- 24:57Speaker 2: have said they'll join most Republicans in voting to kill
- 25:00Speaker 2: the resolution and save Johnson. On Wednesday, she held a
- 25:05Speaker 2: press conference to explain herself and define herself against what
- 25:08Speaker 2: she's calling the Uniparty.
- 25:10Speaker 5: If this vote fails and the whole conference, the whole
- 25:13Speaker 5: Congress supports the Uniparty, let me tell you something. That
- 25:16Speaker 5: is not a failure. It's a win for the American
- 25:19Speaker 5: people because that's a list of names.
- 25:21Speaker 2: You're on notice, rest of Congress. Are we part of
- 25:24Speaker 2: the Uniparty?
- 25:25Speaker 5: Yeah, I think so. We are.
- 25:27Speaker 2: We're part of the Uniparty. That's cool. You think there's
- 25:29Speaker 2: any method to her madness besides... getting more followers and
- 25:33Speaker 2: juicing her small dollar donations?
- 25:36Speaker 5: No, I think you pretty much covered it.
- 25:38Speaker 2: That's it, right? She's just an attention merchant.
- 25:41Speaker 5: Yeah, well, I will say that she is obviously a wackadoodle,
- 25:45Speaker 5: but she does have an intuitively sophisticated understanding of modern
- 25:51Speaker 5: American politics, which is attention is power. If they're talking
- 25:54Speaker 5: about you, you're winning. And just in any other world
- 25:58Speaker 5: where she didn't do these things, she is a backbencher-
- 26:01Speaker 5: Congresswoman in a safe seat from Georgia. We would never
- 26:05Speaker 5: know who she was. We'd never speak about her. No
- 26:06Speaker 5: one could raise money for her. And she is staying
- 26:11Speaker 5: in the spotlight. And so this is a short and
- 26:14Speaker 5: long-term win for her, even if it is absolutely embarrassing.
- 26:17Speaker 5: And it's uncomfortable for her colleagues, which obviously she doesn't
- 26:21Speaker 5: really care about.
- 26:22Speaker 3: No. No.
- 26:23Speaker 2: But I even wonder if all the– like at some
- 26:26Speaker 2: point when all of MAGA World starts turning on you
- 26:29Speaker 2: and I don't know how– I don't know how well
- 26:32Speaker 2: that goes for you. I mean, but it's like it's
- 26:33Speaker 2: just such a loser in a whiner. It's like, you
- 26:36Speaker 2: know what, if if you want to let Putin take Ukraine,
- 26:39Speaker 2: if you want to shut down the government, like go
- 26:41Speaker 2: elect more right wing kooks.
- 26:42Speaker 3: Right.
- 26:43Speaker 2: Like, you know, go go win yourself a house majority
- 26:45Speaker 2: of of other, you know, fascist CrossFit instructors and they
- 26:49Speaker 2: can elect you speaker and then you can get like
- 26:51Speaker 2: a whole bunch done, you know. But the idea that
- 26:55Speaker 2: you don't get your own way just because you're a
- 26:57Speaker 2: loud asshole, that's how you're going to get your own way?
- 26:58Speaker 2: That only works for Donald Trump.
- 27:00Speaker 5: If only there was an example of a loud right-wing
- 27:04Speaker 5: asshole who could get their way without using traditional means
- 27:07Speaker 5: of politics.
- 27:07Speaker 2: He's a special guy. He's a special guy, Dan. At
- 27:10Speaker 2: the same event, Marge held up a blue hat. Not
- 27:12Speaker 2: a red hat, a blue hat that didn't say MAGA.
- 27:15Speaker 2: It said MUGA, which Marjorie Taylor Greene said stands for
- 27:19Speaker 2: Make Ukraine Great Again. And then she spent several awkward
- 27:23Speaker 2: moments trying to balance the hat on top of a
- 27:26Speaker 2: blown up photo of Mike Johnson shaking hands with Hakeem Jeffries.
- 27:31Speaker 2: So two questions on this. Can Marjorie Taylor Greene successfully
- 27:35Speaker 2: define this election as MAGA versus MUGA? And separately, are
- 27:41Speaker 2: you seeing any indication that Republicans are paying for their
- 27:44Speaker 2: Ukraine vote with the base, since there were a lot
- 27:47Speaker 2: of them that actually voted for funding?
- 27:49Speaker 5: I don't feel like Mooga really rolls off the tongue.
- 27:52Speaker 5: Like I'm struggling to say it, like there's a bad
- 27:53Speaker 5: mouthfeel in it.
- 27:55Speaker 3: Mooga.
- 27:56Speaker 2: Mooga.
- 27:57Speaker 5: I'm not seeing any real evidence that there is a
- 27:59Speaker 5: revolt in the base. I think for a couple of reasons.
- 28:01Speaker 5: The first and most important one is that Donald Trump
- 28:03Speaker 5: is not inciting a revolt in the base. He basically
- 28:07Speaker 5: tacitly signed off on this. If he wanted to sink.
- 28:09Speaker 2: This bill- Once again, takes a special kind of loud asshole,
- 28:12Speaker 2: you know?
- 28:12Speaker 5: No, so he got, if he were out there hammering,
- 28:15Speaker 5: there would be a revolt. So that's the main reason.
- 28:17Speaker 5: The other reason is I think Ultimately, and this is
- 28:20Speaker 5: true on both sides of the Ukraine funding debate, and
- 28:22Speaker 5: I don't think this speaks particularly well of the body politic,
- 28:25Speaker 5: but I don't think people care that much. It's just
- 28:28Speaker 5: it's not– one way or the other, we are very
- 28:30Speaker 5: detached from this and people are not thinking about it
- 28:34Speaker 5: all the time. And so there are other reasons for
- 28:36Speaker 5: the Congress to get mad at people for doing and
- 28:38Speaker 5: not doing things. And this is– like a reporter reached
- 28:40Speaker 5: out to me. It's like, how should Biden sell this?
- 28:43Speaker 5: And I was like, I don't know that he has to.
- 28:45Speaker 5: I think it's just he did that. He got it done.
- 28:46Speaker 5: And that's an example of getting something done. And that's worthwhile.
- 28:49Speaker 5: But it's not you don't have to be out there
- 28:50Speaker 5: selling the Ukraine aid bill.
- 28:53Speaker 2: Yeah, the Republican place has, you know, plenty to get
- 28:55Speaker 2: mad at gas stoves, pronouns.
- 28:57Speaker 3: Right.
- 28:57Speaker 2: Just they got a whole long list.
- 28:59Speaker 5: They don't. They are just they're on to the next. Yeah.
- 29:02Speaker 6: Yeah.
- 29:02Speaker 2: So you take Ukraine off the list. They got plenty
- 29:04Speaker 2: more where that came from. OK, a couple quick things
- 29:06Speaker 2: before we go to break. As you know, we wrote
- 29:08Speaker 2: a book. Tommy Leavitt and I have a book coming
- 29:10Speaker 2: out called Democracy or Else, How to Save America in
- 29:12Speaker 2: 10 Easy Steps. Dan, we are already 34% toward our
- 29:18Speaker 2: pre-order target. And we're really grateful to everyone who's in
- 29:22Speaker 2: that 34%. Thank you, guys.
- 29:23Speaker 5: What's your target?
- 29:26Speaker 2: It's 100%.
- 29:28Speaker 5: Good answer. Good answer. Can I tell you, I did
- 29:30Speaker 5: a little research in preparation for this. I did a
- 29:31Speaker 5: little research.
- 29:32Speaker 2: Sure.
- 29:32Speaker 5: You guys are currently number seven. on the elections subcategory
- 29:38Speaker 5: on Amazon.
- 29:40Speaker 2: I didn't even know that I could check this.
- 29:42Speaker 5: You're an experienced author.
- 29:43Speaker 2: I've written some books. This is someone who's written two books.
- 29:47Speaker 3: Three.
- 29:47Speaker 2: I've written three books. Yet another thing I'm going to
- 29:49Speaker 2: be checking every day.
- 29:50Speaker 5: Well, here's the thing. Do you want to know who's
- 29:53Speaker 5: number one right now on the elections subcategory?
- 29:56Speaker 2: Oh, is it Kristi Noem?
- 29:57Speaker 5: It is fucking Kristi Noem. And so.
- 29:59Speaker 2: Oh my God. We did not. No puppies. No puppies
- 30:02Speaker 2: were murdered in the writing of this book.
- 30:04Speaker 5: And I would just say. That's a promise I'm making
- 30:07Speaker 5: to you. To the 64% of you who have not
- 30:09Speaker 5: helped us reach the pre-order goal, you're letting Kristi Noem win.
- 30:14Speaker 2: There is a story about how one of us during
- 30:17Speaker 2: a campaign accidentally hit a moose. I'm not going to
- 30:20Speaker 2: tell you who it was. That's why you got to
- 30:22Speaker 2: get the book. See, was that good?
- 30:24Speaker 5: That's good. That's good. Your better argument is not what's in... Look,
- 30:29Speaker 5: we live in a time of negative partisanship. It's not
- 30:31Speaker 5: what's in the book. It's how can you use the
- 30:33Speaker 5: book to beat Kristi Noem?
- 30:35Speaker 2: That's right. The book's about how you can make a
- 30:38Speaker 2: difference at every level of politics. It's a fun read.
- 30:41Speaker 2: It's a quick read. And I think it has useful advice,
- 30:43Speaker 2: whether you are just a casual listener of Pod Save America,
- 30:48Speaker 2: or you're a political junkie, just scrolling through Twitter all
- 30:51Speaker 2: day like me. Either way, you're going to find some
- 30:53Speaker 2: great advice and insights in this book, not only from us,
- 30:56Speaker 2: but especially from all kinds of experts, strategists, organizers, activists,
- 31:02Speaker 2: elected officials. Got a whole crew in there. It's great.
- 31:05Speaker 2: Dan's in there.
- 31:06Speaker 6: Amazing.
- 31:07Speaker 5: We got operatives, elected officials, smart people, and Dan.
- 31:10Speaker 2: Dan. Yes, we Dan. Head to cricket.com slash books to
- 31:15Speaker 2: pre-order your copy now. Also, we want to support our
- 31:18Speaker 2: non-binary friends and coworkers with some merch based off a
- 31:22Speaker 2: very funny Love to Relieve It segment. It's a t-shirt
- 31:24Speaker 2: that reads, they slash them's the rules. It's a highly
- 31:29Speaker 2: requested merch item that's finally here. Head to cricket.com slash
- 31:32Speaker 2: store to pick up a shirt. When we come back,
- 31:36Speaker 2: Norm Eisen. You've read his op-eds. You've heard him opining
- 31:51Speaker 2: on CNN as a legal analyst. You follow his scintillating
- 31:54Speaker 2: Twitter threads. Perhaps you've read his excellent book, Trying Trump.
- 31:58Speaker 2: And if you're Dan and me, you've definitely heard him
- 32:00Speaker 2: tell you all the things you're not allowed to do
- 32:02Speaker 2: as a White House staffer. Please welcome back to the
- 32:05Speaker 2: pod our friend, Norm Eisen. Norm, what's up?
- 32:09Speaker 3: Hey, Favs. Hey, Dan. You're bringing back fond memories of
- 32:13Speaker 3: all the advice I gave you, about half of which
- 32:16Speaker 3: you listened to.
- 32:19Speaker 2: Hey, we're still free. You know, when you were giving
- 32:22Speaker 2: all of us ethics training in those early White House days,
- 32:25Speaker 2: did you ever think 15 years later you'd be sitting
- 32:28Speaker 2: at the criminal trial of former President Donald Trump, who
- 32:33Speaker 2: apparently pointed and scowled at you as he left the courtroom?
- 32:36Speaker 3: Yeah. I did not, when we were together in the
- 32:42Speaker 3: Obama campaign transition in White House, think that I would
- 32:46Speaker 3: be an eyewitness to the first ever criminal prosecution of
- 32:51Speaker 3: a former American president. But when I came on Pod
- 32:56Speaker 3: Save America, I think in the first week of its existence,
- 33:00Speaker 3: to talk about Donald Trump's constitutionally prohibited acceptance of foreign
- 33:07Speaker 3: government cash and benefits, emoluments. I'll bet if we listen
- 33:12Speaker 3: that I said he's on the slippery slope to perdition.
- 33:18Speaker 2: I would not be surprised if you had said that.
- 33:20Speaker 2: Let's get into the trial. So you've been in the
- 33:22Speaker 2: courtroom these past three weeks. What are your biggest takeaways
- 33:25Speaker 2: so far? And most importantly, can you confirm that the
- 33:30Speaker 2: defendant has, in fact, been farting in the courtroom?
- 33:34Speaker 3: I like how you go to the critical constitutional issues,
- 33:38Speaker 3: but it's the constitution of his digestion and not our
- 33:43Speaker 3: nation's founding charter that you're most interested in. I will
- 33:48Speaker 3: work my way from the lofty to the earthy in
- 33:54Speaker 3: answering your question, Favs. The.
- 34:00Speaker 3: The biggest takeaway from the trial is, number one, that
- 34:09Speaker 3: you have the living embodiment of the American idea as
- 34:14Speaker 3: Donald Trump sits below the judge and on a lower
- 34:20Speaker 3: level than the jury in that somewhat faded environment of
- 34:28Speaker 3: Part 59. Judge Quan Mershon's courtroom. You know, our country
- 34:34Speaker 3: was founded on the idea that we don't want a
- 34:37Speaker 3: king because no man person is above the law. Everybody
- 34:42Speaker 3: is subject to the law. That's the American idea. And
- 34:45Speaker 3: holding Donald Trump accountable for his original election interference, his
- 34:51Speaker 3: 2016 effort to deceive voters to grasp power is an
- 34:58Speaker 3: expression of that idea. It's sad that we've had a
- 35:04Speaker 3: president for the first time in our history whose conduct
- 35:09Speaker 3: has allegedly broken the law to a degree where he's
- 35:16Speaker 3: criminally prosecuted. You do have Nixon. I've written in the
- 35:19Speaker 3: New York Times. I think Trump's Misconduct here is on
- 35:25Speaker 3: a par with or perhaps worse than Nixon's Watergate transgressions
- 35:31Speaker 3: because he cheated. He allegedly broke the law, campaign finance,
- 35:36Speaker 3: election and tax violations to win that election in 2016
- 35:40Speaker 3: and then covering it up. So you have the American
- 35:47Speaker 3: idea in action. You have the gravity of the offenses.
- 35:52Speaker 3: And then, you know, you have the physical weight on
- 35:56Speaker 3: Donald Trump. I can tell you that it is bearing
- 36:02Speaker 3: down on him the trouble that he's in. I sit
- 36:06Speaker 3: where I can watch him mercifully, not where I can
- 36:10Speaker 3: smell him. Um, but where I can watch him, uh, and, um, uh,
- 36:17Speaker 3: you know, some days you feel, you almost feel bad
- 36:21Speaker 3: for the guy because the judge chastise him one day for, um,
- 36:27Speaker 3: acting out. And, you know, Trump was like Peck's bad boy.
- 36:31Speaker 3: He hung his head. He looked down in his lap.
- 36:33Speaker 3: He's bowed over more. He's bent. It's almost like the
- 36:37Speaker 3: scoliosis of justice, you know, as he comes in and
- 36:42Speaker 3: out of the courtroom, you see him hunched over. So
- 36:45Speaker 3: it is taking a profound toll. And he's not happy
- 36:49Speaker 3: about it. And, you know, when he saw me twice,
- 36:54Speaker 3: Last week, he expressed that in, you know, I was
- 37:00Speaker 3: the target of his ire.
- 37:03Speaker 2: Lucky you.
- 37:04Speaker 5: Do you think he recognizes you from CNN or he
- 37:07Speaker 5: just smells you out as someone who knows ethics and
- 37:10Speaker 5: therefore finds you personally distasteful?
- 37:12Speaker 3: My engagements with Trump date back to that famous 2012
- 37:21Speaker 3: White House correspondence dinner. There's a picture of me. I
- 37:24Speaker 3: was seated at the Washington Post table, as was he.
- 37:28Speaker 3: And there's a picture of me laughing my tush off
- 37:33Speaker 3: right next to him as he's got that Mussolini glare
- 37:38Speaker 3: when President Obama was roasting him.
- 37:43Speaker 2: Well, we got him.
- 37:44Speaker 3: We got him, didn't we? Yeah. I'm not sure where
- 37:48Speaker 3: this cycle of vengeance is like the Godfather movies. Where
- 37:52Speaker 3: will it end? So there's that. And then I did
- 37:59Speaker 3: advise both transitions in 2016 as I do every cycle
- 38:03Speaker 3: on the same issues. that the three of us worked
- 38:08Speaker 3: together on keeping things ethical. Obviously, he didn't exactly take
- 38:13Speaker 3: my advice. I was ejected from that transition summarily with
- 38:19Speaker 3: the Chris Christie crowd. So that's the second thing. But
- 38:22Speaker 3: I think it's a combination of the first impeachment and, uh,
- 38:27Speaker 3: and be, and his hate watching. He's reportedly a very
- 38:31Speaker 3: dedicated hate watcher of CNN. So that's probably most of it.
- 38:36Speaker 5: When you sitting there in the trial, when you're not, uh,
- 38:39Speaker 5: smelling Trump or being scouted by Trump, you're watching the
- 38:41Speaker 5: prosecution make their case. What is, how do you think
- 38:46Speaker 5: they're doing? Are they doing an effective job? And if
- 38:49Speaker 5: you were trying this case, what's the one thing that
- 38:51Speaker 5: would worry you about the evidence?
- 38:54Speaker 3: I do think the prosecution has done an effective job
- 38:58Speaker 3: and the defense has had very good moments too. If
- 39:01Speaker 3: Donald Trump would just let his lawyers do their job
- 39:05Speaker 3: instead of forcing them reportedly be more aggressive, the defense,
- 39:11Speaker 3: I think, would be putting on a very good showing here.
- 39:16Speaker 3: The most worrisome part of the case is is that
- 39:21Speaker 3: when you look at the witnesses, I think David Pecker
- 39:24Speaker 3: and Keith Davidson, who have been the two-star witnesses, so far.
- 39:32Speaker 3: You know, they're not what you'd call highly savory individuals.
- 39:36Speaker 3: Like you would not be excited. Oh, great. I'm going
- 39:39Speaker 3: on a barge tour of European canals and I've got
- 39:43Speaker 3: the room next to David Becker and Keith Davidson. I mean,
- 39:47Speaker 3: one guy is a preeminent sleaze merchant, Becker. Second, perhaps
- 39:55Speaker 3: only to Larry Flint, whose name came up because he
- 39:58Speaker 3: was bidding for Stormy Daniels. And Davidson is a leading
- 40:05Speaker 3: purveyor of celebrity scandals and hush money. So if I'm
- 40:12Speaker 3: the prosecution, it's a little bit like, will the jury
- 40:18Speaker 3: believe those witnesses? That would be my anxiety. But Dan,
- 40:22Speaker 3: the prosecution has built a very clever case in response
- 40:27Speaker 3: to that because everything in the case corroborates everything else.
- 40:31Speaker 3: So you would have to believe that everybody's lying and
- 40:35Speaker 3: all the documents are lying. And we were listening to
- 40:38Speaker 3: audio recordings today that those are fabricated and that Michael
- 40:43Speaker 3: Cohen on his own... Paid for the Stormy Daniels story
- 40:51Speaker 3: and was never reimbursed. And there's a pile of documents
- 40:53Speaker 3: proving he was reimbursed. So I just, I think the
- 40:57Speaker 3: coherence of the case is going to carry the day
- 41:00Speaker 3: with the jury. The other thing that I would be
- 41:02Speaker 3: most worried about, I wrote about this for CNN. I'm
- 41:05Speaker 3: doing a trial diary for them. So I do a
- 41:08Speaker 3: couple of entries a day. Donald Trump does not want
- 41:11Speaker 3: to persuade 12 jurors. He wants to persuade one juror.
- 41:15Speaker 3: He's searching for one angry juror and for a hung jury,
- 41:21Speaker 3: which he will proclaim as a great victory. So that
- 41:25Speaker 3: would be my anxiety, that there's a Trojan horse on
- 41:29Speaker 3: the jury who's going to do what we call jury nullification,
- 41:34Speaker 3: ignore the evidence, ignore the law in favor of Trump.
- 41:38Speaker 3: Or one Trump supporter who just sees this proof differently.
- 41:41Speaker 3: So those are some of the main anxieties. But I
- 41:44Speaker 3: think the prosecution is solving for those.
- 41:48Speaker 2: Speaking of the jury, you can obviously see their reactions
- 41:51Speaker 2: as the trial's unfolding. What has that told you about anything,
- 41:56Speaker 2: about how they're thinking about this?
- 41:59Speaker 3: It's a very educated jury, unusually so for any, you know,
- 42:06Speaker 3: I've been trying cases for over 30 years and have
- 42:12Speaker 3: been in and out of courtrooms for almost 40. I
- 42:15Speaker 3: had a pre-law job when I got out of college.
- 42:18Speaker 3: In fact, I had a legal internship when I was
- 42:21Speaker 3: in college. So long, long decades in courtrooms. I've never
- 42:26Speaker 3: had a jury with a higher educational level in any
- 42:29Speaker 3: of my cases than this jury. Almost everybody has a
- 42:35Speaker 3: college or higher degree, and you've got lawyers on there.
- 42:40Speaker 3: So it's a smart jury, and it shows very attentive.
- 42:44Speaker 3: Unlike the defendant, we haven't talked about his other bodily function,
- 42:48Speaker 3: his penchant for napping. Unlike the defendant, they're awake and alert.
- 42:54Speaker 3: You know, the.
- 42:57Speaker 3: I'm not sure what the generationally appropriate television references are,
- 43:02Speaker 3: but the trial by design is like a combination of Dynasty,
- 43:08Speaker 3: of a primetime soap opera, and Columbo.
- 43:12Speaker 2: I can assure you those are not the correct.
- 43:14Speaker 3: Yeah, I figured I figured at least I have my self-awareness.
- 43:19Speaker 3: I have my self-awareness. And and so even when you
- 43:25Speaker 3: have these these more mundane witnesses who are explaining how
- 43:30Speaker 3: the documents came into evidence or how they unlocked Michael
- 43:36Speaker 3: Cohen's cell phone pursuant to a search warrant and got
- 43:40Speaker 3: these tapes off of him. The jury is paying attention.
- 43:43Speaker 3: Many of them requested notepads. They're writing and keeping track
- 43:48Speaker 3: of things. And even in the more routine parts, you know, focus.
- 43:55Speaker 3: So that's a good sign for a prosecutor, right? You
- 43:57Speaker 3: don't want the jury to tune out. Now, what the
- 43:59Speaker 3: jury doesn't know is the reason we have to go
- 44:02Speaker 3: through all of these evidentiary rigmaroles is is because Trump won't,
- 44:08Speaker 3: it looks to me like he won't stipulate to anything.
- 44:11Speaker 3: So all of the usual agreements that you have in
- 44:13Speaker 3: a trial, he's forcing the prosecution to prove up every
- 44:18Speaker 3: piece of paper, every email, every text. And that's unusual
- 44:23Speaker 3: and can wear a jury down. But so far, they're
- 44:25Speaker 3: hanging in there. That's a very good sign for the prosecution.
- 44:28Speaker 3: And obviously, it's a Manhattan jury. So no wonder Trump
- 44:32Speaker 3: is risking gag order violations by criticizing the jury. He's
- 44:38Speaker 3: very upset that a bunch of Democrats are likely Democrats
- 44:43Speaker 3: are sitting in judgment of him.
- 44:45Speaker 2: You mentioned the possibility of a hung jury. That was
- 44:48Speaker 2: obviously the outcome of the case where John Edwards was
- 44:53Speaker 2: tried for a similar campaign finance violation, hush money. In
- 44:58Speaker 2: that case, one big difference was it was It was
- 45:03Speaker 2: more unclear whether John Edwards was paying the hush money to,
- 45:08Speaker 2: you know, hide it from his his wife or from
- 45:11Speaker 2: the voters. It seems like the prosecution will have an
- 45:15Speaker 2: easier time proving that it was from the voters in
- 45:18Speaker 2: this case. Are there other sort of similarities in the
- 45:21Speaker 2: case or other weaknesses in this line of or in
- 45:25Speaker 2: this type of case? that sort of worry you? Like,
- 45:29Speaker 2: what does the prosecution really have to prove here? And
- 45:31Speaker 2: what do you think is different about this than the
- 45:35Speaker 2: Edwards case, aside from sort of the motivation for the
- 45:38Speaker 2: hush money?
- 45:39Speaker 3: The lay down of the law in New York State
- 45:45Speaker 3: is different. They will have to prove to the jury,
- 45:49Speaker 3: this is the critical issue, this is where the case
- 45:51Speaker 3: will be won or lost, that Donald Trump intended to
- 45:55Speaker 3: to conceal, aid, or commit another crime. And in the
- 46:01Speaker 3: opening statements, they put three possibilities before the jury that
- 46:07Speaker 3: Donald Trump was intending to violate federal campaign finance law,
- 46:13Speaker 3: New York criminal election influence law, or tax law by
- 46:18Speaker 3: misstating his reimbursements to Cohen as income to Cohen. They've
- 46:26Speaker 3: really led with that campaign and election theme. And the
- 46:36Speaker 3: every witness, the big witnesses so far, Pecker and Davidson,
- 46:42Speaker 3: has said that this was being done to benefit the
- 46:48Speaker 3: Trump campaign. Pecker was particularly important for the prosecution to
- 46:53Speaker 3: bridge this chasm, Favs, because he said we entered an
- 46:56Speaker 3: agreement at Trump Tower, me, Trump, and Michael Cohen in
- 47:02Speaker 3: August 2015, that we were going to catch and kill
- 47:06Speaker 3: these stories. We were going to make payments to people
- 47:09Speaker 3: to benefit the Trump campaign, to help the Trump campaign.
- 47:13Speaker 3: Cohen will testify about Trump's intent, but you have Pecker saying,
- 47:18Speaker 3: who is a corroborating witness and the prosecution is carrying
- 47:21Speaker 3: that intent forward. The difference with the Edwards case is
- 47:25Speaker 3: The witnesses were weak. One of the key witnesses, Bunny Mellon,
- 47:29Speaker 3: was too old and frail to testify. Another witness had
- 47:34Speaker 3: passed away. And the witnesses they put on the stand
- 47:39Speaker 3: did not give you this kind of devastating testimony that
- 47:43Speaker 3: you got from Pecker. So in trials, my CNN trial
- 47:48Speaker 3: diary I'm writing for today, the thing that we lawyers
- 47:52Speaker 3: say to each other is, When a case is going
- 47:54Speaker 3: on and you bump into the trial lawyer, how is
- 47:56Speaker 3: the case coming in, right? We all have, as that
- 48:01Speaker 3: noted litigator Mike Tyson said, everybody has a plan until
- 48:07Speaker 3: they're punched in the face. We all have plans when
- 48:10Speaker 3: we go to court. How is the case coming in?
- 48:13Speaker 3: This case is coming in strong. And it'll come down
- 48:17Speaker 3: to Michael Cohen. But I think this jury, I've been
- 48:20Speaker 3: studying this jury. I think this jury is going to
- 48:25Speaker 3: believe Michael Cohen, as Judge Ngoran did in the civil
- 48:29Speaker 3: fraud case. He's a character. He's a colorful New Yorker.
- 48:32Speaker 3: But this is a jury that understands New Yorkers. And, um, uh,
- 48:37Speaker 3: so I think the case is coming in well, and
- 48:39Speaker 3: that's the big difference with Edwards.
- 48:42Speaker 5: Trump continued his, he's under a gag order. He's been
- 48:45Speaker 5: held in contempt, fined nine, a whopping $ 9, 000. I don't
- 48:47Speaker 5: know what properties can have to sell to cover that bill,
- 48:50Speaker 5: but he wants to, he wants again, uh, potentially violated
- 48:55Speaker 5: by truthing about and talking about Michael Cohen are apparently
- 48:58Speaker 5: the person who all of democracy now, uh, depends on
- 49:01Speaker 5: based on your analysis here. Um, Is there any way
- 49:06Speaker 5: in which Judge Mershon can actually get Trump to adhere
- 49:10Speaker 5: to the rules of this gag order short of sending
- 49:13Speaker 5: him to prison? Should he send him to prison? Should
- 49:15Speaker 5: that be on the table?
- 49:17Speaker 3: He may have to cut his gas ex budget to
- 49:19Speaker 3: pay those fines, Dan. For the record, my ethics training
- 49:30Speaker 3: for Dan and Favs and about 1,200 others, I tried
- 49:34Speaker 3: to train everybody personally, was liberally leavened. With that kind
- 49:40Speaker 3: of borscht belt humor.
- 49:42Speaker 2: That's why we love you, Norm.
- 49:44Speaker 3: It was standing room only to get into those ethics trainings. So,
- 49:51Speaker 3: you know, I think that the judge has got him
- 49:59Speaker 3: on a leash. Trump has not violated the gag order
- 50:05Speaker 3: since these two orders for show cause were served. And
- 50:09Speaker 3: I think that is because Trump knows. It doesn't mean
- 50:13Speaker 3: he won't do it. But he knows the next time
- 50:16Speaker 3: he does it, he's at very serious risk of being
- 50:21Speaker 3: stepped back. Not for a long time, the judge saying, look,
- 50:25Speaker 3: you're going to spend your evening in a jail cell, Mr.
- 50:29Speaker 7: Trump.
- 50:29Speaker 3: You're going to have an overnight with the Secret Service
- 50:34Speaker 3: in a jail cell. And I think Trump is going
- 50:39Speaker 3: to make a calculus. Does he benefit more or harm
- 50:46Speaker 3: himself more by being stepped back? Even if it's only
- 50:51Speaker 3: for a short time, if there's a 15th alleged violation,
- 50:54Speaker 3: there's been 14 alleged so far. As he says, is
- 51:02Speaker 3: there going to be a little bit of martyr action?
- 51:04Speaker 3: He says he's going to be a modern day Nelson Mandela.
- 51:11Speaker 3: And does he want to save that shot for a
- 51:13Speaker 3: powerful impact like when, you know, there's some moment in
- 51:18Speaker 3: the case when he really wants to draw attention to it?
- 51:22Speaker 3: I also think he's not keen to spend a night
- 51:25Speaker 3: in a holding cell. That is not his desire to
- 51:30Speaker 3: But he certainly is not going to hold back out
- 51:33Speaker 3: of respect for the jury, respect for the witnesses, respect
- 51:38Speaker 3: for the court staff, or respect for the rule of law.
- 51:41Speaker 3: He's going to make a calculation. The fact that he
- 51:45Speaker 3: hasn't erred again in the days since that second order
- 51:51Speaker 3: to show cause dropped shows us that he's capable of
- 51:55Speaker 3: holding back. The question is, you know, what side of
- 52:00Speaker 3: the line will his calculations fall on? If I were betting,
- 52:04Speaker 3: I would bet he's going to fire one more torpedo and,
- 52:08Speaker 3: you know, take the consequences to make a point. Yeah.
- 52:14Speaker 2: I saw that he was asked after their trial today, Thursday.
- 52:19Speaker 2: if he's going to testify. And he said, I can't
- 52:22Speaker 2: testify because of this gag order. Obviously, it's not true,
- 52:28Speaker 2: not how that works. I don't have a legal degree,
- 52:30Speaker 2: but I know that's not how that works. But it
- 52:32Speaker 2: seems like there's no, you can't imagine a universe where
- 52:35Speaker 2: he testifies or Todd Blanch and his team let him testify, right?
- 52:39Speaker 3: Donald Trump is calling the shots on this legal team,
- 52:43Speaker 3: not Todd Blanch. or Susan Necklace, or Emil Bove, all
- 52:48Speaker 3: of whom are very competent lawyers. We would not have
- 52:51Speaker 3: seen the gag order argument that we saw this morning,
- 52:55Speaker 3: where the judge basically asked the lawyers Why are you
- 53:00Speaker 3: saying these things? I mean, the judge knew what was
- 53:03Speaker 3: going on. The lawyers were being forced. In fact, since
- 53:08Speaker 3: you ask, Fabs, Blanche went full Trump this morning because
- 53:14Speaker 3: in his argument on the gag order, he started out
- 53:18Speaker 3: by attacking the press, saying it's their fault. They're writing
- 53:22Speaker 3: about this. So he criticized the press, classic Trump. He
- 53:26Speaker 3: then turned on Michael Cohen again. Trumpism, and he ended
- 53:30Speaker 3: by complaining about all the Democrats on the jury when
- 53:34Speaker 3: he was defending Trump's attack on the jury, to which
- 53:37Speaker 3: the judge basically said, come on. So I think that,
- 53:44Speaker 3: you know, I'm not sure the lawyers will be able
- 53:47Speaker 3: to stop him, but the comment today probably shows that
- 53:50Speaker 3: he knows he will be demolished on cross and And
- 53:55Speaker 3: he's willing to take his chances, roll his dice on
- 53:58Speaker 3: that one Trojan Trump juror, the one jury nullifier. He
- 54:07Speaker 3: may think the case is, you know, he may think
- 54:10Speaker 3: he has some candidates on that jury. So not everybody
- 54:15Speaker 3: on the jury is a Pod Save America listener, although
- 54:18Speaker 3: I'll bet there's a bunch of them.
- 54:22Speaker 5: I hope not because.
- 54:26Speaker 3: They're not listening to this episode. They are following instructions
- 54:31Speaker 3: on that jury.
- 54:32Speaker 5: That's good.
- 54:33Speaker 2: That's good. Question about the leaving this trial for a
- 54:37Speaker 2: second question about the immunity case. You described it as
- 54:41Speaker 2: one of the most important cases to appear before the
- 54:43Speaker 2: Supreme Court oral arguments last week. What did you think
- 54:47Speaker 2: of the oral arguments, and what are you reading from
- 54:51Speaker 2: the tea leaves?
- 54:53Speaker 3: The Supreme Court is not going to authorize Donald Trump
- 54:58Speaker 3: to send SEAL Team 6 out to commit assassinations, because
- 55:02Speaker 3: they might piss him off if he's re-elected, and he'll
- 55:04Speaker 3: send SEAL Team 6 to that. So they're not going
- 55:08Speaker 3: to do that. They've already... approached the edge of complicity,
- 55:19Speaker 3: and they'll be over the edge if they delay this
- 55:24Speaker 3: case much beyond May 20th. That would be the date
- 55:27Speaker 3: on a par with the 14th Amendment case, Anderson, in
- 55:31Speaker 3: which a decision was issued. There, Donald Trump was actually
- 55:36Speaker 3: on the ballot. There was no rush. They didn't want
- 55:39Speaker 3: any cloud on his candidacy. I mean, how much more
- 55:43Speaker 3: important is that for the American people to know if
- 55:47Speaker 3: the man abused the office that he seeks to recover
- 55:51Speaker 3: to commit crimes or not. So if they go past
- 55:56Speaker 3: May 20, they will then have crossed the line of complicity.
- 56:02Speaker 3: And then the other question is, are they going to
- 56:04Speaker 3: remand the case in a way that makes it impossible
- 56:10Speaker 3: to get to trial? before the election by setting up
- 56:15Speaker 3: some test and requiring the judge to do fact-finding under
- 56:18Speaker 3: the test? Or are they going to take Amy Coney
- 56:21Speaker 3: Barrett's musings to heart and say, here's the test, and
- 56:26Speaker 3: we're applying the test May 20th, we're sending it back down,
- 56:30Speaker 3: and here's what's left of the case, go to trial? Unfortunately,
- 56:37Speaker 3: I think the court is profoundly compromised Certainly four of
- 56:41Speaker 3: the judges who didn't even want to talk about what
- 56:43Speaker 3: Donald Trump is actually accused of doing, right? Thomas, who
- 56:49Speaker 3: shouldn't even be on this case. His wife is a
- 56:51Speaker 3: material witness in the January 6th investigation. That's insane. Alito,
- 56:56Speaker 3: who's completely off his rocker, who yelled at Obama in
- 56:59Speaker 3: that State of the Union where he warned that the
- 57:03Speaker 3: danger of Citizens United. Favs, I might have worked with
- 57:07Speaker 3: you on that line in the speech.
- 57:09Speaker 2: Yeah, that's our fault.
- 57:09Speaker 3: I remember going back and forth. No fault. I mean,
- 57:13Speaker 3: it was right.
- 57:14Speaker 2: No, I just do what you tell me.
- 57:19Speaker 3: I think you had the last pen on that line, Favs.
- 57:24Speaker 3: Ram called me the next morning. I thought early, early
- 57:27Speaker 3: the next morning, I thought he was going to be
- 57:30Speaker 3: upset with me. He's like, oh, my God. He's like,
- 57:32Speaker 3: pour it on. Call every reporter, pour it on. That's
- 57:36Speaker 3: a good issue for us.
- 57:37Speaker 2: It doesn't sound like Rahm.
- 57:40Speaker 3: And then Kavanaugh and Gorsuch. Gorsuch, who was in law
- 57:44Speaker 3: school with me and Obama and Kavanaugh, they are complicit
- 57:50Speaker 3: as far as I'm concerned. The question is, will the
- 57:53Speaker 3: center hold and decide this case timely by May 20
- 57:58Speaker 3: and in a way that allows us to get to trial?
- 58:01Speaker 3: If they don't, then they too will be a part
- 58:05Speaker 3: of handmaiden in Trump's attempted grab for an autocratic presidency.
- 58:14Speaker 3: So that's what's at stake. And, you know, we'll see.
- 58:18Speaker 3: I've marked that date on my calendar, May 20. Okay.
- 58:21Speaker 2: All right.
- 58:22Speaker 5: Well, the center hold in the center is Amy Coney Barrett.
- 58:25Speaker 3: I know.
- 58:26Speaker 2: I know. It's– That's where we are.
- 58:28Speaker 3: I'm not sounding a clarion call of optimism here, Dan.
- 58:34Speaker 3: But we'll see. Let's see what happens. Let's mark May
- 58:37Speaker 3: 20th and let's see if they– she's been a little–
- 58:42Speaker 3: She's been a little less doctrinaire. So I don't know her.
- 58:47Speaker 3: I know a bunch of the others, but people who
- 58:49Speaker 3: practice law with her said she was non-crazy. So we'll see.
- 58:54Speaker 3: She was hopping mad in the abortion case.
- 58:58Speaker 2: Well, that's not surprising. That's not surprising. Norm Eisen, thanks
- 59:04Speaker 2: for joining Pod Save America, as always. And we'll have
- 59:08Speaker 2: to have you back as the trial continues. And we'll
- 59:11Speaker 2: circle May 20th on our calendars, too, about the date
- 59:14Speaker 2: for the immunity case.
- 59:16Speaker 3: I'm here for you. Thanks for having me, Favs, Dan.
- 59:20Speaker 3: And thanks for what you do on Pod Save America.
- 59:22Speaker 3: It's so important to all of us that you guys
- 59:26Speaker 3: are out there. So thank you.
- 59:33Speaker 2: Thanks to Norm for, you know, informing us and entertaining
- 59:36Speaker 2: us today. That was just fantastic. It was a Norm
- 59:39Speaker 2: Eisen tour de force, Dan.
- 59:41Speaker 5: I mean, it was everything I thought it would be
- 59:43Speaker 5: and more.
- 59:44Speaker 2: Me too.
- 59:45Speaker 3: Me too.
- 59:46Speaker 2: I love Norm. All right. Everyone have a great weekend
- 59:48Speaker 2: and we'll be back with a new episode on Tuesday.
- 59:51Speaker 5: Bye, everyone.
- 59:53Speaker 2: If you want to get ad-free episodes, exclusive content, and more,
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