Latest / Bloomberg Law / DOJ Erases Jan 6th Cases & Pirro's Job in Jeopardy
Transcript
- 0:02Speaker 1: This is Bloomberg Law with June Grossel from Bloomberg Radio.
- 0:08Speaker 2: More than three years ago, the Justice Department was touting
- 0:12Speaker 2: the guilty verdicts against members of the right wing Oathkeepers
- 0:16Speaker 2: for a plot to obstruct Congress's certification of the twenty
- 0:20Speaker 2: twenty presidential election. The rare seditious conspiracy verdicts were the
- 0:26Speaker 2: crowning achievement of an expansive prosecution effort that followed the
- 0:30Speaker 2: violent riots at the Capitol on January sixth of twenty
- 0:34Speaker 2: twenty one. But when Donald Trump took office for the
- 0:38Speaker 2: second time, he directed his sweeping clemency power toward the
- 0:43Speaker 2: more than fifteen hundred people charged in connection with the
- 0:46Speaker 2: January sixth attack.
- 0:48Speaker 3: I was very proud to pardon the j six postige.
- 0:53Speaker 2: And when Trump bragged about the pardons at a rally
- 0:56Speaker 2: about a week later, sitting behind him in the VIP
- 1:00Speaker 2: section was Stuart Rhodes, the leader of the oath Keepers
- 1:05Speaker 2: who'd been released from prison just days earlier after Trump
- 1:10Speaker 2: commuted his eighteen year sentence for seditious conspiracy. And now
- 1:15Speaker 2: the Trump administration is trying to rewrite the history of
- 1:19Speaker 2: the January sixth attack by dismissing the indictments against the
- 1:24Speaker 2: oath Keeper's hack. Federal Judge Amitt Metta, who had presided
- 1:29Speaker 2: over the oath Keeper's case and sentenced the defendants, criticized
- 1:33Speaker 2: the Justice Department, writing that the government quote asked to
- 1:37Speaker 2: absolve these defendants of crimes against the United States itself,
- 1:42Speaker 2: but he wrote that he had no choice but to
- 1:44Speaker 2: grant the administration's motion to dismiss Joining me is Bloomberg
- 1:49Speaker 2: Legal reporter Zoe Zoe tell us about the charges against
- 1:53Speaker 2: the oath Keepers and their significance.
- 1:55Speaker 1: So this was one of the highest profile cases to
- 1:58Speaker 1: come out of the January sixth secution effort, where members
- 2:02Speaker 1: of the oath Keepers, which was a right wing extremist group,
- 2:07Speaker 1: were charged with conspiring well in advance of January sixth,
- 2:11Speaker 1: not only to come to Washington to do whatever it
- 2:15Speaker 1: took to stop Congress from certifying the election results, but
- 2:19Speaker 1: also to bring guns and to stockpile them at a
- 2:22Speaker 1: hotel in Virginia. And the theory of that prosecution was,
- 2:26Speaker 1: you know, these were not people going to protest and
- 2:29Speaker 1: accidentally got swept up that they had been planning potentially
- 2:33Speaker 1: to use force and violence to stop Congress. From certifying
- 2:38Speaker 1: the election. This was arguably the highest profile of not
- 2:41Speaker 1: one of the most high profile cases. It involved charges
- 2:45Speaker 1: and ultimately convictions for a seditious conspiracy, which was a
- 2:48Speaker 1: very rarely used offense. It's you know, use of force
- 2:52Speaker 1: against the US government. This is more than just the
- 2:56Speaker 1: garden variety, so to speak, conspiracy to obstruct Congress to
- 3:00Speaker 1: that many people faced after January sixth, So these cases
- 3:02Speaker 1: were really top of mind for the Justice Department and
- 3:06Speaker 1: for the public's understanding of the most serious crimes that
- 3:12Speaker 1: were being charged in connection with what had happened on January.
- 3:15Speaker 2: Six and how many people were actually convicted in this
- 3:18Speaker 2: particular case.
- 3:19Speaker 1: There were several dozen I believe prosecutions related in some
- 3:24Speaker 1: way to the oathkeepers. But what it came down to
- 3:26Speaker 1: here was eight defendants who were convicted, including some of
- 3:32Speaker 1: seditious conspiracy, but who weren't part of the Trump pardon.
- 3:36Speaker 1: You might remember, on January twentieth, he takes office, he
- 3:39Speaker 1: issues a sweeping executive clemency action that covers almost everybody,
- 3:45Speaker 1: but not everybody convicted or charged in the January sixth cases,
- 3:49Speaker 1: and there were fourteen people who didn't get pardons, but
- 3:52Speaker 1: their sentences were commuted, and that included eight of the
- 3:56Speaker 1: remaining defendants whose cases were an issue here related to
- 3:59Speaker 1: the Oathkeepers case, So, you know, their cases then had
- 4:03Speaker 1: still been out there, they.
- 4:04Speaker 4: Were appealing their convictions.
- 4:06Speaker 1: Ultimately, the Justice Department came back and said to the
- 4:10Speaker 1: courts that they wished to vacate those convictions even though
- 4:13Speaker 1: Trump hadn't pardoned them. So those were struck, and then
- 4:17Speaker 1: what was left were the indictments. They were still you know,
- 4:20Speaker 1: on the record, criminally charged with these offenses, and that's
- 4:24Speaker 1: what was left for the judge to resolve here.
- 4:27Speaker 2: Why didn't Trump pardon them as well?
- 4:29Speaker 1: I don't think that he's ever publicly discussed this at length,
- 4:33Speaker 1: but I think the inference was that the fourteen people
- 4:36Speaker 1: were members of the Oathkeepers and the Proud Boys, and
- 4:39Speaker 1: these were the most serious, seditious conspiracy cases that the
- 4:45Speaker 1: Justice Department had brought. And you know, leading up to
- 4:49Speaker 1: Trump returning to office, there had been rumblings coming from
- 4:53Speaker 1: Republicans and conservatives, not just Democrats and liberals, blocking at
- 4:57Speaker 1: the idea that people who beat up cops, committed violence,
- 5:02Speaker 1: or who were convicted of these most serious offenses against
- 5:06Speaker 1: the United States government that they should perhaps not benefit
- 5:09Speaker 1: from executive clemency, and there was some infighting on the
- 5:12Speaker 1: right about whether that would be appropriate and acceptable, and
- 5:16Speaker 1: ultimately the President had a sweeping clemency action that covered
- 5:20Speaker 1: many people who were convicted or charged with assaulting police officers,
- 5:24Speaker 1: but it seemed like perhaps the seditious conspiracy cases were
- 5:28Speaker 1: this outlier, so he commuted the sentences. They were released
- 5:31Speaker 1: from prison, but didn't take that final step at the time,
- 5:34Speaker 1: at least to give them a full pardon.
- 5:37Speaker 2: Have you heard before of the Justice Department getting convictions
- 5:42Speaker 2: asking to have them vacated and asking to have the
- 5:46Speaker 2: indictments dismissed.
- 5:48Speaker 1: So the convictions were already vacated, the cases were up
- 5:51Speaker 1: on appeal, and the Justice departments asked the appeals court
- 5:54Speaker 1: to basically kick them back down with an order to
- 5:56Speaker 1: vacate them, finding it.
- 5:58Speaker 4: Was in the public interest.
- 5:59Speaker 1: The judge in the opinion that we wrote about sort
- 6:01Speaker 1: of notes that there wasn't much explanation as to why
- 6:04Speaker 1: they wanted to do that and why the DC circuits
- 6:07Speaker 1: signed off on that. That being said, there is just
- 6:09Speaker 1: a lot of prosecutorial discretion at every level of these cases.
- 6:13Speaker 1: So when administrations change, there are always, no matter who's
- 6:18Speaker 1: in charge, backtracking of prosecutorial decisions that have been made
- 6:23Speaker 1: by past administrations. That's certainly something we see. So what
- 6:27Speaker 1: was left was just that the indictments were still active.
- 6:30Speaker 1: You know, in theory they could vacate these convictions, but say,
- 6:33Speaker 1: you know, there were problems with how this prosecution happened,
- 6:36Speaker 1: but we're going to try them again. That was still
- 6:39Speaker 1: an option, or just to leave them intact, as the
- 6:44Speaker 1: judge said, you know, to create some record that this
- 6:47Speaker 1: had all happened in some official legal capacity.
- 6:51Speaker 2: The judge pointed out the prosecutors never admitted to any
- 6:55Speaker 2: prosecutorial misconduct or legal error or said that the evidence
- 6:59Speaker 2: was not sufficient to sustain the conviction. So was he
- 7:04Speaker 2: trying to say that this is not about the weaponization
- 7:08Speaker 2: of the Justice Department, as the Trump administration and President
- 7:12Speaker 2: Trump keeps claiming.
- 7:14Speaker 1: Basically, yes, I think he felt that he needed to
- 7:17Speaker 1: highlight what was a series of unusual events and you know,
- 7:23Speaker 1: in his mind, perplexing and surprising arguments that the government
- 7:27Speaker 1: ultimately made to do something that he acknowledged they have
- 7:31Speaker 1: the authority to do. It's just normally, he said, it's
- 7:34Speaker 1: because they might say, you know, we looked at the
- 7:36Speaker 1: evidence again, it was insufficient. We identified deficiencies with what
- 7:40Speaker 1: was charged, how the prosecution played out. You know, those
- 7:44Speaker 1: are the normal reasons that you would see the government
- 7:45Speaker 1: walk back a case where it's already won a conviction.
- 7:49Speaker 1: That didn't happen here. And the judge said, what he
- 7:52Speaker 1: received from the government was a couple of arguments. One
- 7:55Speaker 1: was to protect these defendants from harassment, that as long
- 7:58Speaker 1: as the indictments were on the book, the potential for
- 8:02Speaker 1: you know, maybe some future trial that this was harassing
- 8:06Speaker 1: of individuals whose sentences had been commuted and their convictions vacated.
- 8:11Speaker 4: The other reason that he really.
- 8:13Speaker 1: Took issue with was this idea that the department said,
- 8:17Speaker 1: there was so much publicity around these trials and prosecutions
- 8:21Speaker 1: that you don't need a record of criminal activity in
- 8:24Speaker 1: the courts. People can just go back and see what
- 8:27Speaker 1: happened because there was media coverage. And the judge said,
- 8:30Speaker 1: you know, that is not the government stance. The government
- 8:33Speaker 1: normally feels that. I think he said, you know, actual
- 8:35Speaker 1: accountability is what is in the public interests, not media
- 8:39Speaker 1: coverage or public attention. And then Finally, he also pointed
- 8:42Speaker 1: out that to say that this was in line with
- 8:45Speaker 1: Trump the president's intent didn't quite square with the fact
- 8:49Speaker 1: that the President had decided to not pardon these defendants,
- 8:53Speaker 1: So he also identified an incongruity in that logic. I
- 8:57Speaker 1: think what was really striking about this opinion June was
- 9:01Speaker 1: that he decided to take the opportunity to make clear
- 9:04Speaker 1: that he was quite disappointed and dismayed and.
- 9:07Speaker 4: Upset at the outcome of all of this.
- 9:10Speaker 1: These were cases that really consumed the Federal Court in
- 9:14Speaker 1: Washington for years after two thousand and one. It was
- 9:18Speaker 1: all encompassing, and all the judges spent countless hours reviewing
- 9:23Speaker 1: body camera footage from that day, evidence testimony from police
- 9:28Speaker 1: officers who were there, and Judge Mata and other colleagues
- 9:31Speaker 1: on the bench have publicly expressed their consternation at what
- 9:37Speaker 1: they see as a rewriting of fact of what happened
- 9:40Speaker 1: on January sixth, and the culpability of at least many
- 9:45Speaker 1: of the people who were charged and convicted or what
- 9:48Speaker 1: happened that day.
- 9:49Speaker 2: You could see almost the sort of sadness and the
- 9:52Speaker 2: solemnity behind this. Today's epilogue diminishes the gravity of that
- 9:57Speaker 2: day denigrates the work of the prosecutors law enforcement officers
- 10:01Speaker 2: who secured these convictions and excuses criminal acts that caused
- 10:06Speaker 2: a century's long pillar of our democracy, the peaceful transfer
- 10:09Speaker 2: presidential power to buckle. But he said, the court cannot
- 10:13Speaker 2: write a different ending. He had no choice. He had
- 10:17Speaker 2: to accept it, right.
- 10:19Speaker 4: And you know, his choice was to write what he wrote.
- 10:22Speaker 1: And he could have simply said, you know, given the
- 10:27Speaker 1: explanation from the government, and given the court's lack of
- 10:31Speaker 1: authority to supersede these types.
- 10:33Speaker 4: Of decisions, I grant the request.
- 10:35Speaker 1: I think the choice ultimately that he made was to
- 10:39Speaker 1: put down these words that I have to think he
- 10:42Speaker 1: knew would get attention and get some coverage as a
- 10:45Speaker 1: way of closing out, perhaps the public record of everything
- 10:51Speaker 1: that had happened, and maintaining an official record through the
- 10:53Speaker 1: legal proceeding of at least his perception of what had happened.
- 10:57Speaker 4: And this judge had handled.
- 10:58Speaker 1: This case from the very beginning, so he had been
- 11:01Speaker 1: there from the start and chose to express these thoughts
- 11:08Speaker 1: which one of the defendants already has objected to, and
- 11:10Speaker 1: ask that he go back and strike a lot of
- 11:13Speaker 1: the extra what they saw is the extra language that
- 11:16Speaker 1: was very unfair to their client. As the defense attorneys noted,
- 11:19Speaker 1: you know, as long as these convictions were on appeal,
- 11:22Speaker 1: they were never finalized, so there was still this presumption
- 11:25Speaker 1: of innocence that individuals have until it's final And they
- 11:30Speaker 1: argued that they would like him to strike at least
- 11:31Speaker 1: some of this language from the opinion in light of that, and.
- 11:35Speaker 2: That was a motion made to judgmenta himself.
- 11:38Speaker 1: That's right, that came shortly after the opinion was released.
- 11:42Speaker 4: A motion to strike.
- 11:43Speaker 1: Whether he will entertain that, we don't know, but you know,
- 11:47Speaker 1: certainly he has put down and it's now out there
- 11:50Speaker 1: for posterity, you know, his final thoughts on how this
- 11:55Speaker 1: all unraveled.
- 11:56Speaker 2: It'll be really interesting to see what happens. I mean,
- 11:59Speaker 2: if he refuses, is that grounds to appeal?
- 12:02Speaker 1: I think that would be a tough, tough appeal. You know,
- 12:05Speaker 1: much as the government has a lot of prosecutorial discretion,
- 12:08Speaker 1: the judges have certainly a lot of discretion in what
- 12:12Speaker 1: they write and their opinions. And barring some legal error,
- 12:16Speaker 1: it's tough to see what the appeal would look like there.
- 12:18Speaker 2: And now this is less than a month after another
- 12:23Speaker 2: judge had to dismiss another January sixth related case against
- 12:28Speaker 2: another far right group, the Proud Boys.
- 12:31Speaker 1: I mean, they've walked back all of the January sixth prosecution.
- 12:34Speaker 1: Some of the Proud Boys defendants were among those fourteen
- 12:37Speaker 1: individuals who didn't get pardons from the President but commutations.
- 12:41Speaker 1: So as judge madea notes here, you know, there were
- 12:45Speaker 1: these last lingering cases that needed to be resolved because
- 12:48Speaker 1: there weren't pardons to sort of cleanly wipe that slake
- 12:52Speaker 1: clean that commutations don't remove a conviction from someone's record,
- 12:58Speaker 1: and at that point there's sort of a debate of
- 13:01Speaker 1: what's appropriate to keep on the record and how much
- 13:04Speaker 1: does something like a commutation absolve someone of the weight
- 13:09Speaker 1: of a conviction.
- 13:11Speaker 2: And Zoe, do you know have any of the Proud
- 13:13Speaker 2: Boys or the Oathkeepers filed claims with the Justice Department
- 13:18Speaker 2: for compensation.
- 13:20Speaker 1: We know that several members of the Proud Boys have
- 13:23Speaker 1: filed a lawsuit seeking compensation that the Justice Department has
- 13:27Speaker 1: opposed so far, so that has not gotten anywhere in
- 13:32Speaker 1: terms of success on their part. We don't know there
- 13:36Speaker 1: haven't been lawsuits on behalf of the Oathkeepers. There have
- 13:38Speaker 1: been some from other January sixth defendants who were pardoned.
- 13:42Speaker 1: We know that several hundred hundreds of January sixth defendants
- 13:46Speaker 1: who got pardons have filed administrative claims. It's not clear
- 13:50Speaker 1: to me if any of the oath keepers have. It
- 13:52Speaker 1: seems like it would be unlikely until their cases were
- 13:54Speaker 1: fully resolved. So that's certainly a line of reporting that
- 13:57Speaker 1: will continue to follow. That said, you know, there are
- 14:01Speaker 1: a number of pending claims related to January six already.
- 14:05Speaker 1: And even though the Justice Department had to walk back
- 14:09Speaker 1: a plan for this one point eight billion dollar anti
- 14:12Speaker 1: weaponization fund that was seen as a way to sort
- 14:15Speaker 1: of more quickly and cleanly pay out claims to January
- 14:19Speaker 1: sixth defendants, there are existing pathways that have always been
- 14:23Speaker 1: around for folks to pursue these types of compensation claims,
- 14:26Speaker 1: and many of them had filed claims long before the
- 14:28Speaker 1: fund was announced, and we expect them to continue to
- 14:31Speaker 1: press them long after the fund is purportedly dead.
- 14:36Speaker 4: So it's very.
- 14:36Speaker 1: Much a live issue whether and how much money taxpayers
- 14:40Speaker 1: will now end up paying out to these individuals.
- 14:43Speaker 2: Is the judgment fund unlimited or is there a limited
- 14:47Speaker 2: amount of money in the fund.
- 14:49Speaker 1: Our understanding is it's always described as a permanent, indefinite appropriation,
- 14:54Speaker 1: so generally it's understood to be unlimited. I haven't come
- 15:01Speaker 1: across a case where the government has said we can
- 15:04Speaker 1: only afford to pay you so much because we've tapped
- 15:07Speaker 1: out the judgment fund this year. You don't really see
- 15:10Speaker 1: that come up. Exactly how much gets put in at
- 15:14Speaker 1: any given time, Honestly, I don't know, But our understanding
- 15:18Speaker 1: is that generally it's considered a sort of infinite pool.
- 15:22Speaker 1: Because of the Justice departments brought authority to settle claims
- 15:26Speaker 1: that are brought against the government, whether they're administrative which
- 15:30Speaker 1: means they don't play out on a public docket, or
- 15:33Speaker 1: they're brought in court.
- 15:34Speaker 2: How those January sixth claims play out is something that
- 15:38Speaker 2: we have to keep track of now. Thanks so much, Zoe.
- 15:41Speaker 2: That's Bloomberg Legal Reporters, Zoe Tillman.
- 15:44Speaker 3: We weren't necessarily thrilled with a contractor, but they did
- 15:49Speaker 3: a job and they were fixing any problems. But then
- 15:54Speaker 3: I got carried away because the judge was extremely unfriendly
- 15:57Speaker 3: to Janine, and frankly, I think she choked.
- 16:01Speaker 2: President Trump was quite forgiving of the contractor whose botched
- 16:06Speaker 2: installation caused widespread damage to the Lincoln Memorial reflecting pool,
- 16:11Speaker 2: according to the DCUs attorney, though Trump was not so
- 16:16Speaker 2: forgiving of the DCUs attorney, Janine Piro, I.
- 16:20Speaker 3: Was disappointed with Jennie Piro, really disappointed with Jennie Piro.
- 16:24Speaker 3: She folded like an umbrella.
- 16:28Speaker 2: Trump publicly criticized Piero for dismissing charges against individuals accused
- 16:34Speaker 2: of vandalizing the reflecting pool. Pierro met with Trump and
- 16:39Speaker 2: other officials, including Interior Secretary Doug Bergham, whose department oversaw
- 16:45Speaker 2: the project on Monday, but today Trump said he hadn't
- 16:49Speaker 2: decided whether to keep her as the top federal prosecutor
- 16:52Speaker 2: in Washington. Joining me is Jeff Mason Bloomberg White House
- 16:56Speaker 2: and Washington correspondent. Jeff start by telling us at the
- 17:00Speaker 2: relationship that Janine Pierrot has had with President Trump, at
- 17:06Speaker 2: least up until the last few days.
- 17:09Speaker 5: Well, they've been friends for a long time, and he
- 17:12Speaker 5: was a big fan of hers when she was on
- 17:14Speaker 5: Fox News, which was a job that she had for
- 17:17Speaker 5: a long time. And she's been a big defender of
- 17:21Speaker 5: President Trump's using that perch and then he brought her
- 17:24Speaker 5: into the administration by making her the top attorney in
- 17:28Speaker 5: the District of Columbia Washington, DC, and she has used
- 17:33Speaker 5: that perch to also really implement a lot of what
- 17:37Speaker 5: he was looking for in terms of legal cases here.
- 17:41Speaker 5: I remember one of them being and I don't know
- 17:43Speaker 5: that she would have spoken to him about it, but
- 17:45Speaker 5: it's an example of Trumpian legal procedures, I guess was
- 17:50Speaker 5: when she brought the man who had thrown his sub
- 17:54Speaker 5: sandwich against a police officer during some kind of a
- 17:59Speaker 5: protest and tried to win that case and that didn't
- 18:02Speaker 5: work out. So that's just one example that comes to mind.
- 18:04Speaker 5: But to your question, they've been longtime allies in any case,
- 18:10Speaker 5: and so it was pretty unusual a to see her
- 18:14Speaker 5: make a decision that she has to have known was
- 18:17Speaker 5: going to upset him and b for him to be
- 18:21Speaker 5: as publicly critical of her and that decision as he was.
- 18:24Speaker 5: Although I would add an addendum to that last piece,
- 18:27Speaker 5: which is we know that President Trump turns on his
- 18:31Speaker 5: own and he did that a lot during the first term.
- 18:35Speaker 5: He has done it less often during the second term,
- 18:38Speaker 5: but he has done it. He fired Pambondi, he fired
- 18:42Speaker 5: Christy Nome, the former Attorney General and the former Secretary
- 18:45Speaker 5: of Homeland Security, so he absolutely could fire Miss Pierrot,
- 18:50Speaker 5: and he might. In fact, he said, I think last
- 18:54Speaker 5: night when he was talking to reporters that he hadn't
- 18:56Speaker 5: made his decision yet, but he did not do it
- 18:58Speaker 5: after their meeting at the White House. And that seems
- 19:01Speaker 5: to be at least in part because she made her
- 19:04Speaker 5: case for why she had to withdraw the case that
- 19:09Speaker 5: he wanted, which was to pursue these these people who
- 19:14Speaker 5: they accused of being vandals and lead and of leading
- 19:17Speaker 5: them to the the breakdown of the lining on the
- 19:21Speaker 5: reflecting pool.
- 19:22Speaker 2: So I saw a video of her going into the
- 19:25Speaker 2: White House with what prosecutors normally take to court, which is,
- 19:31Speaker 2: you know, a weelly with a box of documents, and
- 19:34Speaker 2: I mean, do you know what happened in that meeting?
- 19:36Speaker 5: Well, the New York Times had a fantastic story about
- 19:39Speaker 5: what happened in that meeting. So what I know is
- 19:41Speaker 5: from from reading their terrific reporting, and that is that
- 19:46Speaker 5: she brought in that case that you were that you
- 19:49Speaker 5: were referring to, with a bunch of documents and proof
- 19:54Speaker 5: essentially that it was according to her a mess up
- 19:59Speaker 5: by the contray and therefore also the Department of Interior,
- 20:03Speaker 5: and according to the time, she accused Secretary of Interior
- 20:07Speaker 5: Doug Burgham, who was present for this meeting, of lying.
- 20:12Speaker 5: And honestly, if she did that in a way, that's
- 20:16Speaker 5: also suggesting that the President lied, although perhaps she's giving
- 20:20Speaker 5: him cover by saying he was listening to Burgham. I'm
- 20:25Speaker 5: not sure. I'm speculating a little bit there. But in
- 20:28Speaker 5: any case, she went in to press her case and
- 20:31Speaker 5: to make her case for the fact that she decided
- 20:35Speaker 5: not to continue with this case. And she did that
- 20:37Speaker 5: with the evidence apparently that was in that case that
- 20:41Speaker 5: you were referring to.
- 20:42Speaker 2: I mean, most lawyers who looked at those charges when
- 20:45Speaker 2: the indictment came out, you could see that it was
- 20:48Speaker 2: a very hard case to make out, even to make
- 20:51Speaker 2: out one thousand dollars worth of damage. It just didn't
- 20:53Speaker 2: seem like there was anything to support that in any event.
- 20:57Speaker 2: But what makes it different is she didn't just drop
- 21:01Speaker 2: the charges. She contradicted what Trump has been saying over
- 21:05Speaker 2: and over and over again that vandals caused the damage.
- 21:10Speaker 5: That's right, and that contradiction part is what is unusual,
- 21:16Speaker 5: certainly to have someone who is close to him and
- 21:19Speaker 5: a big supporter to not only contradict his Department of Interior,
- 21:24Speaker 5: but to contradict him directly, because he was clearly making
- 21:28Speaker 5: that case very publicly, and doing so in the face
- 21:32Speaker 5: of certainly a lot of questions from anyone who kind
- 21:35Speaker 5: of looked at it and thought, you know, how is
- 21:37Speaker 5: it possible that this one olympian and these three other
- 21:41Speaker 5: people could have made the damage with a box cutter
- 21:44Speaker 5: that in this massive and long reflecting pool. It just
- 21:48Speaker 5: didn't pass the logic test for a lot of people.
- 21:52Speaker 5: And yet that was not the criteria that President Trump
- 21:56Speaker 5: was using, because remember, he made promises about this, and
- 22:00Speaker 5: he made promises about it going in that his contractors
- 22:04Speaker 5: are the people that he chose were going to be
- 22:05Speaker 5: able to do this renovation of the reflecting pool for
- 22:10Speaker 5: a much cheaper than any other administration had ever done
- 22:14Speaker 5: or ever tried, and much faster and much better, all
- 22:17Speaker 5: of the things, all of the superlatives that are part
- 22:19Speaker 5: of President Trump's lexicon, he applied to this project. And
- 22:24Speaker 5: then it didn't happen. Not only it did not happen,
- 22:26Speaker 5: but it failed spectacularly. So he was looking for, as
- 22:30Speaker 5: he often does when something goes wrong, a scapegoat, and
- 22:35Speaker 5: found a convenient one in these people who had gone
- 22:38Speaker 5: by and touched or taken out some of these floating pieces.
- 22:42Speaker 5: So again that became his narrative and in you know,
- 22:47Speaker 5: and I think it's also right to note that it
- 22:49Speaker 5: was also Piro's narrative. At the very beginning. She came
- 22:54Speaker 5: out and said, as well, this is the fault of vandals,
- 22:58Speaker 5: and that's why I'm starting this case. But then, as
- 23:01Speaker 5: I've said a few times over the last few days,
- 23:03Speaker 5: the difference between after that between rhetoric that she initially used,
- 23:10Speaker 5: that the President continues to use and that Bergham continues
- 23:13Speaker 5: to use and what you can prove in court are
- 23:16Speaker 5: two completely different things. And that's what she came up against,
- 23:20Speaker 5: and that is apparently why she made the decision that
- 23:22Speaker 5: she did.
- 23:23Speaker 2: As I understand, the President is still sticking with his
- 23:27Speaker 2: contention that vandals caused the damage, even though there's been
- 23:31Speaker 2: not one iota of proof that there was vandalism on
- 23:35Speaker 2: the pool itself.
- 23:37Speaker 5: But that's his mo I mean, you're not going to
- 23:39Speaker 5: see President Donald Trump back down from that contention because
- 23:44Speaker 5: it would suggest that he was wrong. It would suggest
- 23:48Speaker 5: that he did not share the truth. It would suggest
- 23:52Speaker 5: that he was duped. Any of those three things that
- 23:54Speaker 5: I just said would not be the look that he's
- 23:55Speaker 5: looking for. He needs to have a scapegoat, and that's
- 23:58Speaker 5: what he's chosen to do. So No, he's not backing down,
- 24:02Speaker 5: and he's not backing down even now in the face
- 24:04Speaker 5: of this evidence that his own ally and the person
- 24:09Speaker 5: that he put in as the attorney here in the
- 24:12Speaker 5: District of Columbia and friend, he's doing it despite what
- 24:19Speaker 5: she has shown him. So I think the next question
- 24:23Speaker 5: is does he let that go and hold on to
- 24:26Speaker 5: her or does he decide that this was too big
- 24:30Speaker 5: of a breach and replace.
- 24:32Speaker 2: Her in any respect? Is he sending a message to
- 24:35Speaker 2: other administration officials, you know, don't dare contradict me, forget
- 24:40Speaker 2: the facts? Or do they know that already?
- 24:42Speaker 5: I think it's the latter. I think if anyone came
- 24:46Speaker 5: into this administration, into his cabinet or elsewhere working for him,
- 24:52Speaker 5: did so without knowing how he has treated high level
- 24:56Speaker 5: officials in his orbit in the past, then they would
- 24:59Speaker 5: have come in and very uninformed, and that would surprise me.
- 25:04Speaker 5: So I you know, he has surrounded himself by people
- 25:08Speaker 5: who largely do not contradict him, and so it is
- 25:12Speaker 5: what I think is kind of more interesting about this
- 25:15Speaker 5: story is that she did and did so, you know,
- 25:19Speaker 5: and did so in part to you know, defend herself
- 25:22Speaker 5: of course, and her actions and to try to keep
- 25:24Speaker 5: her job. But it is certainly not something we've seen
- 25:30Speaker 5: much of over the last year and a half during
- 25:32Speaker 5: his second term, to have someone in that orbit contradict him.
- 25:36Speaker 5: But to your question of whether he's sending a signal,
- 25:39Speaker 5: I just think those signals are already very established and
- 25:42Speaker 5: very clear from his first term and the first year
- 25:46Speaker 5: and a half of his second term. So I think
- 25:48Speaker 5: people around him know that.
- 25:50Speaker 2: Going to his decision about whether or not to fire Pierro,
- 25:54Speaker 2: a lot of people have mentioned that so far he's
- 25:57Speaker 2: only fired women. Yeah, So would that factor into his
- 26:01Speaker 2: decision at all or other people high up in the administration.
- 26:06Speaker 5: Hard to say. I think that you're right to note
- 26:08Speaker 5: the facts, and I just don't have anything to add
- 26:11Speaker 5: to those facts. He has indeed targeted primarily, if not exclusively,
- 26:17Speaker 5: women in his orbit or in his cabinet when he's
- 26:22Speaker 5: firing or putting pressure on them to leave, But that
- 26:27Speaker 5: does not mean he doesn't have other powerful women around
- 26:30Speaker 5: him who have stuck around. Exhibit A of that, of course,
- 26:33Speaker 5: is Susie Wilds, his chief of staff, who it's also
- 26:36Speaker 5: worth noting, is the first woman to serve as chief
- 26:40Speaker 5: of staff to any president, and she is extremely powerful
- 26:44Speaker 5: and he likes to emphasize that when he introduces her
- 26:47Speaker 5: at meetings and at events. But that said, it is
- 26:53Speaker 5: also one hundred percent true the people that he has
- 26:57Speaker 5: targeted in this little wave at least to firings that
- 27:02Speaker 5: we've seen this year compared to much more common practice
- 27:06Speaker 5: and bigger waves during the first term, have all been women.
- 27:10Speaker 2: They asked for a reaction from the acting Attorney General,
- 27:14Speaker 2: Todd Blanche and he said he thought Pierro was doing
- 27:16Speaker 2: a great job. Washington, d C. Is a lot safer
- 27:20Speaker 2: no small part to her effort.
- 27:22Speaker 5: I thought it was interesting that he showed that he
- 27:24Speaker 5: has her back because the acting Attorney General obviously also
- 27:29Speaker 5: wants to stay in President Trump's good graces. Number one,
- 27:33Speaker 5: he wants this job and on a permanent basis, and
- 27:36Speaker 5: wants to move on from being acting to being confirmed.
- 27:41Speaker 5: He is the President's former personal attorney and he wants
- 27:46Speaker 5: to stay in that orbit. So I think it's that
- 27:51Speaker 5: was in some part politically brave for mister Blanche to
- 27:57Speaker 5: show his support for Pierro at a time when she
- 27:59Speaker 5: is vulnerable in the Trump universe. That said, it's also
- 28:04Speaker 5: you know, he's maybe a sign that he thinks that
- 28:07Speaker 5: it's likely that she's going to stick around, and he
- 28:11Speaker 5: would wanted to show that sign of support.
- 28:14Speaker 2: And Blanche was on Capitol Hill again. Republican Senator Susan
- 28:18Speaker 2: Collins has come out against his confirmation to be attorney general,
- 28:23Speaker 2: and I think Lisa Murkowski. Is there any talk that
- 28:27Speaker 2: any other Republicans might oppose it.
- 28:30Speaker 5: Well, we don't know about Murkowski, and that's a big
- 28:33Speaker 5: question mark. We do know about Susan Collins. She has
- 28:36Speaker 5: said that she is not going to vote for him,
- 28:38Speaker 5: and that comes as she's seeking reelection in Maine, which
- 28:42Speaker 5: is a state that has absolutely been a target by
- 28:46Speaker 5: Democrats for the midterm elections and they're trying to topple
- 28:51Speaker 5: Susan Collins. And no doubt she took that into consideration
- 28:56Speaker 5: when she decided to vote against Todd Blanche. But your
- 29:00Speaker 5: right to say that he can only afford to lose
- 29:02Speaker 5: two people, So there's one more that he could potentially lose,
- 29:06Speaker 5: and that maybe Murkowski, and I'm trying to think of
- 29:09Speaker 5: what other Republicans. We're not sure if we know that
- 29:12Speaker 5: Senators Corn and Tillis, after bringing up their objections during
- 29:17Speaker 5: the committee process, had those objections addressed with regard to
- 29:23Speaker 5: the IRS Deal and the what some Democrats anyway, are
- 29:28Speaker 5: calling a slush fund, the one point eight billion dollar
- 29:30Speaker 5: payout fund for people who were felt that they were
- 29:35Speaker 5: targeted by the Department of Justice under President Biden. That
- 29:40Speaker 5: right now has gone away, although the President, i might add,
- 29:45Speaker 5: has continued to say that he still wants it. So
- 29:48Speaker 5: you didn't ask me this, but I'll mention it anyway.
- 29:50Speaker 5: That's that's you know, that's still hanging out there, despite
- 29:54Speaker 5: the fact that the acting Attorney General did put in
- 29:56Speaker 5: writing essentially that it was dead, which is what those
- 29:58Speaker 5: two Republican senators wanted to see. But to your broader question,
- 30:04Speaker 5: he's lost Collins and so it's it's gonna be close
- 30:09Speaker 5: either way, it's gonna be it's gonna be very close.
- 30:12Speaker 2: I feel like the tide is with him, though. Thanks
- 30:15Speaker 2: so much for coming on today. Jeff, and you'll have
- 30:17Speaker 2: to come back again. That's Bloomberg White House and Washington
- 30:21Speaker 2: correspondent Jeff Mason. And that's it for this edition of
- 30:25Speaker 2: The Bloomberg Law Show. Remember you can always get the
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