Latest / The Vault: The Epstein Files / Bryan Kohberger’s New Lawyer Targets the Constitutionality of His Guilty Plea (9/1/26)

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Bryan Kohberger’s New Lawyer Targets the Constitutionality of His Guilty Plea (9/1/26) · The Vault: The Epstein Files

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the program. Brian
• 0:04
  Speaker 1: Koberger's new legal team has already hit the ground running,
• 0:08
  Speaker 1: and they're already claiming that there was vast constitutional issues
• 0:12
  Speaker 1: when it comes to Brian Koberger and the plea deal. Now,
• 0:17
  Speaker 1: I have my doubts about all of that, but like usual,
• 0:20
  Speaker 1: I'm receptive to whatever evidence they might have, and if
• 0:23
  Speaker 1: Brian Koberger had his constitutional rights stepped on, let's see
• 0:27
  Speaker 1: the evidence. I'm not exactly confident that we're going to
• 0:30
  Speaker 1: see that evidence, though, because if this dude had it,
• 0:33
  Speaker 1: we would have seen it a year ago. But instead,
• 0:37
  Speaker 1: he decided that he was going to plead guilty, right? Because,
• 0:40
  Speaker 1: you know, that's what innocent people do. We're talking about
• 0:43
  Speaker 1: a quadruple homicide. We're not talking about pleading guilty to
• 0:48
  Speaker 1: some financial crime where you're going to cut a few
• 0:50
  Speaker 1: years off your time and just accept guilt, right? People
• 0:54
  Speaker 1: do that all the time, no doubt about it. We're
• 0:56
  Speaker 1: talking about a quadruple murder. Not very many people are
• 1:00
  Speaker 1: going to sit in a courtroom and say, ah, you
• 1:01
  Speaker 1: know what? It was me. I did it. I plead guilty. Unless,
• 1:05
  Speaker 1: of course, they fucking did it. Today's article is from
• 1:09
  Speaker 1: Fox News and the headline, Brian Koberger's new lawyer says
• 1:13
  Speaker 1: key questions may soon get answers in court. Oh, well,
• 1:18
  Speaker 1: isn't that nice? This article was authored by Michael Ruiz.
• 1:24
  Speaker 1: Brian Koberger's newest lawyer, says upcoming filings and a potential
• 1:28
  Speaker 1: evidentiary hearing will shed new light on the Idaho student
• 1:31
  Speaker 1: murders case. While their immediate legal fight concerns the constitutionality
• 1:36
  Speaker 1: of the plea, his client is attempting to withdraw. We
• 1:39
  Speaker 1: think that the amended PCR and evidentiary hearing will naturally
• 1:43
  Speaker 1: address some of the outstanding and unanswered questions. Jason Goldman,
• 1:47
  Speaker 1: a New York-based attorney who is joining Kohlberger's team, told
• 1:50
  Speaker 1: Fox News Digital on Monday. So he has a new
• 1:53
  Speaker 1: court-appointed lawyer, right? but he's getting all these great lawyers
• 1:56
  Speaker 1: coming in from New York and elsewhere, just like last
• 1:59
  Speaker 1: time around. And what, when he fails here, it's going
• 2:03
  Speaker 1: to be everybody else's fault again? Oh, well, my legal
• 2:06
  Speaker 1: team wasn't up to the task. Here's an idea, fuckface.
• 2:09
  Speaker 1: How about you don't creep into somebody's house and murder them?
• 2:12
  Speaker 1: That might be a good idea. How about we start there?
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  Speaker 1: That said, the main priority right now is to scrutinize
• 2:19
  Speaker 1: the constitutional issues surrounding Brian's plea. What exactly are the
• 2:23
  Speaker 1: constitutional issues? He was coerced? Yeah, okay, sure. Is there
• 2:30
  Speaker 1: any evidence of that? Can we please see the evidence?
• 2:34
  Speaker 1: Because you would think that we'd have more than this
• 2:36
  Speaker 1: handwritten petition, right? So-and-so said this. So-and-so did that. Brian
• 2:42
  Speaker 1: Koberger's Fourth Amendment rights were shit on. Okay, cool. Let's
• 2:46
  Speaker 1: see the evidence. Koberger, in a handwritten petition for post-conviction relief,
• 2:51
  Speaker 1: filed in July, told the court he had ineffective counsel
• 2:54
  Speaker 1: that his guilty plea was not knowingly or voluntarily entered
• 2:58
  Speaker 1: because it was induced by unkept promises, and that it
• 3:01
  Speaker 1: was not voluntarily entered because of threats asserted by petitioners,
• 3:06
  Speaker 1: Kohlberger's legal counsel. So, unkept promises? His defense team can't
• 3:12
  Speaker 1: promise him shit. They're not in charge of what happens.
• 3:16
  Speaker 1: After he accepts a plea, that's up to the BOP
• 3:19
  Speaker 1: in the state of Idaho. They're going to choose where
• 3:22
  Speaker 1: Brian Kohlberger goes. what jail cell he's in, the whole thing.
• 3:26
  Speaker 1: My man, you are now a ward of the state.
• 3:29
  Speaker 1: So the decision was never in his team's hands to
• 3:31
  Speaker 1: begin with. They can't make him any promises. And I
• 3:35
  Speaker 1: can promise you that the court is going to laugh
• 3:37
  Speaker 1: that shit right out of the building. The circumstances surrounding
• 3:40
  Speaker 1: Brian's plea and what occurred in the critical days leading
• 3:43
  Speaker 1: up to it deserve careful, independent judicial scrutiny, Goldman said.
• 3:48
  Speaker 1: Some of those circumstances are already part of the public record.
• 3:51
  Speaker 1: Others are not. Oh, so cryptic. We have some hidden information. Well,
• 3:55
  Speaker 1: it better be good because the shit that's on the
• 3:58
  Speaker 1: public record is not doing you clowns any favors. And
• 4:01
  Speaker 1: if I'm being honest with you, unless they break out
• 4:03
  Speaker 1: the lumber, I find this filing to be frivolous. And
• 4:06
  Speaker 1: I think that's where the court's going to land as well.
• 4:10
  Speaker 1: He also said that the support Koberger receives from his
• 4:12
  Speaker 1: family is part of why he agreed to join the case. Oh,
• 4:17
  Speaker 1: isn't that nice? Support from his family. Most family and
• 4:20
  Speaker 1: friends run for the hills when a loved one is
• 4:22
  Speaker 1: quietly arrested and let alone charge with highly publicized murder,
• 4:26
  Speaker 1: he said. The unwavering support Brian maintains speaks volumes. Oh,
• 4:30
  Speaker 1: does it? By a bunch of fucking weird internet people?
• 4:35
  Speaker 1: Where was his family coming out and speaking on his behalf? Oh,
• 4:40
  Speaker 1: that's right. They issued a statement and it wasn't really
• 4:42
  Speaker 1: on Brian Kohlberger's behalf. Or what about his sister being
• 4:45
  Speaker 1: suspicious of Brian Kohlberger previously? Or the fact that Brian
• 4:49
  Speaker 1: Kohlberger got arrested for stealing from his sister? But sure,
• 4:53
  Speaker 1: Tell us how Brian Kohlberger is a fucking family man.
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  Speaker 1: Judge Stephen Hippler set a November 13th deadline for Kohlberger's
• 5:00
  Speaker 1: lawyers to file an amended petition, which is expected to
• 5:03
  Speaker 1: be written by attorneys and include more in-depth legal arguments
• 5:07
  Speaker 1: than the handwritten petition Kohlberger submitted in July. I don't
• 5:11
  Speaker 1: give a fuck if he digs up Johnny Cochran. I
• 5:14
  Speaker 1: have a hard time believing that there's any evidence to
• 5:17
  Speaker 1: back up what he's saying. Idaho defense attorney Greg Rausch
• 5:22
  Speaker 1: was appointed to represent Kohlberger last month. Goldman said he
• 5:25
  Speaker 1: would be joining as out-of-state counsel, but is not yet
• 5:28
  Speaker 1: officially on the docket. So Brian Kohlberger, who's already had, what,
• 5:32
  Speaker 1: a million dollars or more spent on his defense, is
• 5:35
  Speaker 1: going to get a bunch more money and more high-powered attorneys?
• 5:39
  Speaker 1: I wonder if the same thing's being done for the
• 5:42
  Speaker 1: dude that has a drug addiction in Idaho who's sitting
• 5:45
  Speaker 1: in jail right now. My guess is he has a
• 5:47
  Speaker 1: public defender. who's dealing with about 950 other cases. But sure,
• 5:52
  Speaker 1: Brian Kohlberger, he rates. Let's make sure that Brian Kohlberger
• 5:56
  Speaker 1: is taken care of. What a fucking backwards, broken-ass system.
• 6:03
  Speaker 1: Prosecutors have asked the judge to dismiss Kohlberger's petition on
• 6:07
  Speaker 1: numerous grounds, but Kohlberger's lawyers filed a motion last week
• 6:11
  Speaker 1: to have the judge removed from the case and to
• 6:13
  Speaker 1: change the venue back to Moscow, Idaho, where the offices
• 6:16
  Speaker 1: of Rausch, and the Latah County prosecuting attorney are both located.
• 6:21
  Speaker 1: So we moved it from Latah County all the way
• 6:24
  Speaker 1: up to Ada County. A huge burden to the taxpayer,
• 6:27
  Speaker 1: by the way. But now let's move it on back.
• 6:31
  Speaker 1: Who cares about the $ 100, 000, $ 300, 000 we got to spend?
• 6:34
  Speaker 1: We got plenty of money in Idaho. I mean, there's
• 6:37
  Speaker 1: nothing else that those funds could be spent on, right? Education,
• 6:41
  Speaker 1: public health, awareness, whatever. Kohlberger had previously sought a change
• 6:46
  Speaker 1: of venue out of Latah County, where the murders took place,
• 6:50
  Speaker 1: which landed him in front of Hibbler in Ada County.
• 6:53
  Speaker 1: And remember the crying fit that he threw to get
• 6:55
  Speaker 1: this move to Ada County? And now, now, he wants
• 7:00
  Speaker 1: it moved back. Because, you know, everybody should dance to
• 7:03
  Speaker 1: Brian Kohlberger's tune. He's the one calling the shots, right? Mr.
• 7:07
  Speaker 1: Four-Time Murderer. The motion speaks for itself, Goldman said. We
• 7:11
  Speaker 1: must ensure that the serious constitutional questions at play are
• 7:15
  Speaker 1: heard in a forum whose impartiality and neutrality cannot be questioned.
• 7:20
  Speaker 1: What an absolute joke. And Mr. Goldman, buddy, you are
• 7:24
  Speaker 1: now on the radar. I'm going to have to look
• 7:26
  Speaker 1: into everything you've ever been involved with and see what
• 7:29
  Speaker 1: kind of nonsense you've been up to. Because as we
• 7:32
  Speaker 1: all know, lawyers are not the good guys. The motion
• 7:37
  Speaker 1: signed by Rausch questions Hippler's impartiality, noting that he declined
• 7:41
  Speaker 1: to give Kohlberger's former defense team more time When they
• 7:45
  Speaker 1: said they were not finished with discovery review weeks before trial. Yeah,
• 7:49
  Speaker 1: because they were using it as a mechanism to slow
• 7:51
  Speaker 1: things down. At some point, deadlines have to be met.
• 7:55
  Speaker 1: And if you can't meet those deadlines, bring in more paralegals.
• 8:01
  Speaker 1: The truth is, they were trying to delay the trial.
• 8:04
  Speaker 1: That's what they were looking to do. Because they were
• 8:06
  Speaker 1: looking to poke holes in what the prosecution had. They
• 8:09
  Speaker 1: wanted to have all the autism reports, etc. And the
• 8:12
  Speaker 1: clock was running out. So they decided, hey, look, we're
• 8:16
  Speaker 1: going to file all this shit and we're going to
• 8:18
  Speaker 1: try and slow things down. And Judge Hippler wasn't having it,
• 8:22
  Speaker 1: especially considering they had been given ample time to get
• 8:25
  Speaker 1: things moving. So this whole entire attack on Judge Hippler
• 8:30
  Speaker 1: is not only unwarranted. I feel like it's misplaced. Rausch
• 8:34
  Speaker 1: also took issue with some of the language Hippler has
• 8:37
  Speaker 1: since used to describe his clients. Someone in whom the
• 8:40
  Speaker 1: court could identify nothing remaining that was good or intrinsically human. Well,
• 8:45
  Speaker 1: what do you say to somebody that admitted to killing
• 8:48
  Speaker 1: four people? Ah, you know, misunderstood guy. You know, Kohlberger,
• 8:52
  Speaker 1: he's a good kid. He just had a bad night.
• 8:55
  Speaker 1: You know, his OCD kicked in and his autism. And,
• 8:58
  Speaker 1: you know, this is what happened. He can't control himself.
• 9:03
  Speaker 1: It's the fault of the medical system. Is that really
• 9:06
  Speaker 1: where we are as a society? Nobody's responsible for their
• 9:09
  Speaker 1: own bullshit. I mean, every time you turn around, that's
• 9:12
  Speaker 1: what it seems like. And I'm telling you right now,
• 9:15
  Speaker 1: we're going to see a push for Brian Koberger like
• 9:18
  Speaker 1: we see for Lindsay Clancy and like we saw for
• 9:21
  Speaker 1: Karen Reid. And you know why? It's big business, baby.
• 9:25
  Speaker 1: People are going to get rich. Brian Koberger is innocent.
• 9:30
  Speaker 1: An innocent man is being held and we need to
• 9:32
  Speaker 1: do something about it. You know, all the people that
• 9:34
  Speaker 1: have main character syndrome that don't know what the fuck
• 9:36
  Speaker 1: they're talking about. that have never read a court filing,
• 9:39
  Speaker 1: that have never covered or followed a complex case? Oh, wait,
• 9:44
  Speaker 1: they're on their way. The Lindsay Clancy case will be over,
• 9:47
  Speaker 1: and they're going to be looking for a new cause. Kohlberger, 31,
• 9:54
  Speaker 1: last year pleaded guilty to four counts of first-degree murder
• 9:57
  Speaker 1: and a felony burglary charge for the 2022 stabbing deaths
• 10:00
  Speaker 1: of University of Idaho students Madison Mogan, Kelly Gonsalves, Zanna Carnotel,
• 10:05
  Speaker 1: and Ethan Chapin. He did not give a motive. In
• 10:10
  Speaker 1: a motion filed last week, Deputy Latah County Prosecuting Attorney
• 10:15
  Speaker 1: Keith Scholl asked for a transcript of Kohlberger's July 2, 2025,
• 10:18
  Speaker 1: change of plea hearing. in which Kohlberger's own words could
• 10:23
  Speaker 1: be used to rebut the new claims in his petition. Yeah,
• 10:26
  Speaker 1: you know, when he confessed to murdering them, probably pretty
• 10:30
  Speaker 1: strong evidence, right? When you pair it up with everything else.
• 10:34
  Speaker 1: But there'll be people out there who say it's not him.
• 10:38
  Speaker 1: There's going to be people that show up talking about
• 10:41
  Speaker 1: how it was the other roommates, they're involved, cartels, Sasquatch,
• 10:46
  Speaker 1: and of course, Israel. I'm sure Israel will show up
• 10:49
  Speaker 1: at some point. Hipler set a November 13th deadline, four
• 10:54
  Speaker 1: years to the day after the murders, for Koberger's legal
• 10:58
  Speaker 1: team to file an amended petition and set aside two
• 11:00
  Speaker 1: potential dates for a status conference and evidentiary hearing next year.
• 11:05
  Speaker 1: Hearings on the recusal and venue motions could be held
• 11:08
  Speaker 1: before then. We will let the evidence and the filings
• 11:12
  Speaker 1: speak in due course, Goldman told Fox News Digital. Stay tuned. Oh, Mr. Goldman,
• 11:17
  Speaker 1: you wanted our attention. You got it. And if you
• 11:20
  Speaker 1: want to keep it, Let's see that evidence. All the
• 11:24
  Speaker 1: information that goes with this episode can be found in
• 11:27
  Speaker 1: the description box.