Latest / The Mark Simone Show / Ken interviews Jesse Weber, Law and Crime Network; host of “Jesse Weber Live” weeknights at 11 pm on News Nation.

Transcript

Ken interviews Jesse Weber, Law and Crime Network; host of “Jesse Weber Live” weeknights at 11 pm on News Nation. · The Mark Simone Show

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  Speaker 1: No Mark Simone's show Live from the DOBR Life Back Studios.
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  Speaker 1: Guess hosting from Mark Today. Here's Ken Roseio, so nice
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  Speaker 1: to be with you on a beautiful Friday. The last
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  Speaker 1: two hour Mark Simone Show in History Monday becomes three
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  Speaker 1: hours starting from nine to noon. Don't miss that. Got
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  Speaker 1: to hear the great Mark Simone three hours. Well, you know,
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  Speaker 1: if you've been paying attention to what's going on with
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  Speaker 1: doctor Anthony Fauci and Ran Paul calling him into the
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  Speaker 1: Senate for hearings, some of the stuff that was well
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  Speaker 1: announced in the Senate was pretty shocking for a lot
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  Speaker 1: of people. The idea that doctor Fauci had spent his
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  Speaker 1: couple of years that well, he's been working for the
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  Speaker 1: federal government for decades, but the couple of years during
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  Speaker 1: the COVID pandemic while the rest of us were suffering
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  Speaker 1: and locked in a house, he was hobnobbing with major celebrities.
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  Speaker 1: Do we have it up? We got it up?
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  Speaker 2: All right.
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  Speaker 3: This is a thrill for me because there are very
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  Speaker 3: few experts of anything in the world, I think, and you,
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  Speaker 3: you truly have emerged as a personal hero for me.
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  Speaker 3: Just to have this little corner of your time for
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  Speaker 3: us is such a.
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  Speaker 1: Joy, and that is Julia Roberts, by the way, talking
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  Speaker 1: about him. Every celebrity who would come on, Remember everybody
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  Speaker 1: went on zoom and membe these little zoom calls. Everybody
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  Speaker 1: went on zoom and just gushed about him. Here was
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  Speaker 1: Governor Cuomo.
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  Speaker 4: I said that as soon as the vaccine is deemed
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  Speaker 4: ready and safe, I'll be the first one to take
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  Speaker 4: a vaccine. Maybe we enlist you. I'll do it with you.
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  Speaker 4: We'll do an ad telling New Yorkers it's safe to
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  Speaker 4: take the vaccine.
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  Speaker 1: Yeah, okay, I had that workout. Everybody was forced to
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  Speaker 1: take the vaccine, and then everybody still got sick. Well, anyway,
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  Speaker 1: we talked about doctor Fauchi a lot here on the
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  Speaker 1: air in the last couple of days, and now he's
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  Speaker 1: come out as a very self absorbed stardom seeker. Let
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  Speaker 1: us go on the phone right now to Jesse Weber,
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  Speaker 1: news Nation's chief legal analyst, host of Jesse Weber Live.
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  Speaker 1: He joins us this morning. Good morning to Jesse, good morning,
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  Speaker 1: thanks for having me. Well, it is amazing to see
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  Speaker 1: this man, doctor Faucu, whom I've met. I'm sure you've
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  Speaker 1: probably met I met him a bunch of times. We
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  Speaker 1: went to the same high school at different times, but
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  Speaker 1: we used to show up for charitable fundraisers there all
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  Speaker 1: the time, and I just just remember feeling this sense
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  Speaker 1: of condescension from him every time I met him, and
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  Speaker 1: now it comes out on full display. What did you
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  Speaker 1: make of the whole Senate hearing?
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  Speaker 2: Well, first of all, I wasn't surprised that you weren't
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  Speaker 2: in the same graduating class when you're a young guy.
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  Speaker 2: But look, I'll tell you from an optics point of view, Look,
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  Speaker 2: I think it's a little more nuanced. But I think
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  Speaker 2: from an optics point of view, when you couple what
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  Speaker 2: happened in the last week right the diary entries, and
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  Speaker 2: then him completing the fifth, a lot of people will
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  Speaker 2: look at that and say, my gosh, doesn't look great.
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  Speaker 2: Looks guilty, looks doesn't look good. Now, when you get
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  Speaker 2: into the granular aspect of and you think about what
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  Speaker 2: is his legal concerns and his legal risks, I got
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  Speaker 2: to say, from a legal point of view, I'm not
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  Speaker 2: surprised that he pled the fifth And if I was
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  Speaker 2: reped resenting him, I probably would have recommended the same thing.
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  Speaker 2: And I can explain why because there's two different conversations
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  Speaker 2: right to the optics of it. And I will tell
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  Speaker 2: you from an American public point of view, and I
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  Speaker 2: think there is a strong appetite to still understand what
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  Speaker 2: happened during the COVID nineteen pandemic and its response. If
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  Speaker 2: he would have been granted immunity, what do I mean
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  Speaker 2: if he would have been granted immunity to testify that
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  Speaker 2: nothing he said during that hearing could be used against
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  Speaker 2: him in any criminal proceeding. I would have liked to know.
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  Speaker 2: I would have liked to hear what he would have said.
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  Speaker 2: I would have liked to hear his answers. I wanted
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  Speaker 2: substantive information about the COVID response, and unfortunately what we
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  Speaker 2: were left with is no response. So I think we,
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  Speaker 2: the American people, lost out on that. But from a
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  Speaker 2: legal point of view, I'm not surprised he pled the
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  Speaker 2: fifth even though optically it didn't look bad. It looked bad.
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  Speaker 1: Could he be charging just for people who don't realize
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  Speaker 1: Jesse is an attorney? Should could he? Could he not
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  Speaker 1: now be liable for prosecution? Well, I guess the Senate
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  Speaker 1: doesn't prosecute. They recommend for prosecutions by Justice Department. But
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  Speaker 1: could that not happen now because of the fact that he,
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  Speaker 1: in essence, did not testify when he was called before
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  Speaker 1: the Senate to testify.
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  Speaker 2: It's the million dollar question. Let me explain it. So
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  Speaker 2: when somebody pleads the Fifth, okay, they're right, they're right
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  Speaker 2: against self incrimination. Generally speaking, when someone is granted immunity,
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  Speaker 2: or let's just say, for this example, someone's granted a
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  Speaker 2: pardon and they're asked to testify about that conduct, they
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  Speaker 2: generally can't invoke the fifth anymore, right because they're protected.
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  Speaker 2: Having said that, the pardon that he was granted from
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  Speaker 2: President Biden was for conduct from twenty fourteen to twenty
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  Speaker 2: twenty five, So if he were to come up and
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  Speaker 2: surely be asked questions about that, I think you would
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  Speaker 2: have a difficult argument to say that he should be
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  Speaker 2: protected by the Fifth Amendment. Right. However, However, what he's
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  Speaker 2: not protected from is anything that he says during that
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  Speaker 2: testimony that the committee believes is a lie. So if
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  Speaker 2: they believe he committed perjury, if you were to actually
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  Speaker 2: testify and provide substance of answers the other day and
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  Speaker 2: they believe it was inconsistent with something that he said
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  Speaker 2: on the record or under oath, or other public statements,
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  Speaker 2: or something in his diary entries. Potentially he could be
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  Speaker 2: brought up on perjury charges, and that is why he
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  Speaker 2: pled the fifth. He had no protection over that. So
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  Speaker 2: what did you see? This is very interesting. Do you
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  Speaker 2: remember when he was asked questions, doctor Faucia, what tie
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  Speaker 2: are you wearing, doctor Faucia? What colors the carpet? Now,
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  Speaker 2: many people are interpreted at the show, oh my gosh,
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  Speaker 2: he won't even answer questions about that. You know why
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  Speaker 2: they asked them that, right, They asked them that because
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  Speaker 2: if he were to answer it because for him refusing
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  Speaker 2: to answer those questions that he knows he could never
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  Speaker 2: be prosecuted for. He's not going to be prosecuted. He
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  Speaker 2: says his tie is gray and it's blue. But their
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  Speaker 2: argument would be, we're asking questions that have nothing to
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  Speaker 2: do with the subject matter in question. We had a subpoena,
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  Speaker 2: he had a legal obligation to answer our questions, and
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  Speaker 2: if he won't even answer our questions about non substantive
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  Speaker 2: issues about the tie and the carpet, he's in contempt.
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  Speaker 2: He's in contempt. He's legally not answering our questions. He's
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  Speaker 2: legally obligated to answer those questions, and he chose not to. Now,
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  Speaker 2: from a legal point of view, again, I would say,
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  Speaker 2: plead the fifth to everything, because there is an argument
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  Speaker 2: that if you selectively plead the fifth, if you plead
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  Speaker 2: the fifth to certain questions and you answer other ones,
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  Speaker 2: you might pierce that. So again, I'm not surprised that
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  Speaker 2: he did that, but that is what they're going to say.
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  Speaker 2: He wouldn't even answer the most basic questions, and it
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  Speaker 2: was his legal obligation to answer those because he knew
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  Speaker 2: he couldn't be prosecuted on that. So I think that's
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  Speaker 2: the argument they're going to go with.
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  Speaker 1: I heard some people, Jesse, some legal folks saying that
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  Speaker 1: the fact that he even created or made an opening
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  Speaker 1: statement was potentially damaging. Correct.
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  Speaker 2: That is an argument that you can make. That is
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  Speaker 2: an argument you can make. It goes to this idea
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  Speaker 2: of selective pleading the fifth. I was actually just talking
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  Speaker 2: about it with a lawyer buddy of mine yesterday, and
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  Speaker 2: he said, if you answer certain substance of questions, or
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  Speaker 2: even if you provide an opening statement, you could say
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  Speaker 2: off to be successful. You could say you're raising your
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  Speaker 2: state of mind. Your rate is in your opinion. And
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  Speaker 2: if you're going to raise your state of mind, your opinion,
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  Speaker 2: your view on that, then you should be able to
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  Speaker 2: answer those other questions. It opens the door for you
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  Speaker 2: to answer questions about your conduct as director. You're twenty
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  Speaker 2: fourteen to twenty twenty five. So it's an interesting legal argument.
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  Speaker 2: It's not particularly settled law on this, and I will
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  Speaker 2: tell you put even Anthony Fauci to the side. If
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  Speaker 2: this is an issue that's brought up in the courts
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  Speaker 2: and it makes its way, it kind of big ramifications
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  Speaker 2: for people who testify in front of Congress.
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  Speaker 1: Moving forward, does Anthony does any I think Anthony? I
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  Speaker 1: say Anthony like we're friends. Does Anthony Fauci ever see jail?
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  Speaker 2: I don't think so. I don't think so. First of all,
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  Speaker 2: in terms of contempt vote, it's an uphill battle. If
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  Speaker 2: it passes through, the command has to go to a
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  Speaker 2: full Senate vote. You just need a majority, right, but
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  Speaker 2: you first have to get past the sixty vote threshold.
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  Speaker 2: And based on the questions you saw the other day,
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  Speaker 2: I don't think they're going to get democratic support, So
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  Speaker 2: the idea of holding the contempt or criminal contempt and
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  Speaker 2: referring it to the DOJ unlikely in terms of again,
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  Speaker 2: he has a federal protection for the pardon, But in
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  Speaker 2: terms of state crimes, I can't see. I know that
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  Speaker 2: the AG in Florida has talked about opening up an investigation,
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  Speaker 2: but I haven't seen him being charged or potentially charged
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  Speaker 2: with any state crimes. And there could be difficulty for
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  Speaker 2: him being charged with state crimes as a federal official.
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  Speaker 2: He can make the argument that he was acting in
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  Speaker 2: his federal duty, and that can get kind of complicated.
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  Speaker 2: So I don't see it likely that Anthony Fauci would
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  Speaker 2: be prosecuted and this would actually lead to a conviction.
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  Speaker 1: Millions of human beings died other millions of human beings
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  Speaker 1: were separated from their parents as they died alone in
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  Speaker 1: nursing homes. Children lost years in school and don't know
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  Speaker 1: how to be social. This entire country literally was shaken
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  Speaker 1: to the core by the man with the glasses, Anthony Facci.
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  Speaker 1: And he does have glasses, by the way, when he's
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  Speaker 1: not testifying. And it's just unusual to me that in
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  Speaker 1: a country like this, with the justice that we have
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  Speaker 1: that a man like that could get away with it all.
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  Speaker 1: It's just amazing. But we love your explanations because you
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  Speaker 1: are a brilliant man. Jesse Weber, we appreciate you coming
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  Speaker 1: on my friend News Nation's chief legal analyst hosts of
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  Speaker 1: Jesse Weber Live. You could see him every week nine
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  Speaker 1: at eleven. I appreciate you taking the time this morning, Jess.
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  Speaker 2: Thank you so much for having me appreciate it.
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  Speaker 1: You bet it is Ken Brazanowin from Mark on your Friday.
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  Speaker 1: When we come back, we'll take more of your calls.
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  Speaker 1: The number to call is eight hundred three two one
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  Speaker 1: zero seven ten eight hundred three two one zero seven
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