Latest / Bloomberg Intelligence / Instant Reaction: Donald Trump Indicted
Transcript
- 0:00Speaker 1: Six pm on Wall Street as we continue our special
- 0:02Speaker 1: coverage Donald Trump being indicted today in Washington on federal
- 0:06Speaker 1: charges over his efforts to overturn the twenty twenty presidential election. Brian, Yeah.
- 0:12Speaker 2: These charges include conspiracy to defraud the United States, conspiracy
- 0:16Speaker 2: to obstruct an official preceding, obstruction of and an attempt
- 0:20Speaker 2: to obstruct an official proceeding, and conspiracy against the right
- 0:24Speaker 2: to vote and have that vote counted. That's all according
- 0:28Speaker 2: to the indictment that was filed. We go to Ed Baxter, Ed.
- 0:31Speaker 3: All right, thank you very much. Brian, Yeah, you went
- 0:33Speaker 3: over the charges. He is also, we are finding out,
- 0:38Speaker 3: going to be appearing or is ordered to appear before
- 0:42Speaker 3: the court on Thursday the third, So that is a
- 0:46Speaker 3: day after tomorrow us and whether he is asked to
- 0:51Speaker 3: enter a plea at that time, we don't know, but
- 0:54Speaker 3: that is where it will That's where it will go.
- 0:56Speaker 3: Let's find out a little bit more. How we're joined
- 0:58Speaker 3: by Bloomberg's at June Grass so of Bloomberg Law, Jill,
- 1:03Speaker 3: let's go with. Brian briefly mentioned the counts. Let's let's
- 1:06Speaker 3: go through them. If we cannot know that, you're just
- 1:08Speaker 3: getting them and reading them forty five pages. But let's
- 1:12Speaker 3: start with with count one. This is this is basically
- 1:16Speaker 3: effort to overturn the election. This is this is really
- 1:18Speaker 3: the broad one.
- 1:19Speaker 4: Right, So I have to say that these counts we
- 1:24Speaker 4: sort of were familiar with them because they were mentioned
- 1:27Speaker 4: in that target letter that President Trump got, so we
- 1:30Speaker 4: sort of have some background on them. The conspiracy to
- 1:33Speaker 4: defraud the United States, this is really about the fake
- 1:36Speaker 4: electors charge. You know, the schemes and the tactics that
- 1:40Speaker 4: he used. And what's really interesting in this it's a
- 1:43Speaker 4: speaking indictment, so there's a lot of information in there,
- 1:46Speaker 4: and a lot of it people will have heard of.
- 1:48Speaker 1: So they go.
- 1:49Speaker 4: Through in this indictment five different states Georgia, Arizona, Michigan, Pennsylvania,
- 1:56Speaker 4: and Wisconsin, and they talk about what happened in each
- 1:59Speaker 4: of those states, so people will be familiar with some
- 2:02Speaker 4: of the things. For example, it mentions that phone call
- 2:05Speaker 4: that we've all heard a million times probably where he's
- 2:08Speaker 4: talking to Brad Rathensberger about finding eleven thousand, etc. Votes.
- 2:14Speaker 4: So so you'll see a lot of things that you'll recognize.
- 2:17Speaker 4: What's also interesting is that he's the only one charged.
- 2:21Speaker 4: There are six other co conspirators that are not meant
- 2:24Speaker 4: that are not named. However, you can also tell who
- 2:28Speaker 4: some of them are. It's pretty obvious that Rudy Giuliani
- 2:31Speaker 4: is one of them, and some of the other attorneys
- 2:33Speaker 4: that were involved in the efforts to change the results
- 2:38Speaker 4: of the election. So that one a federal judge actually
- 2:41Speaker 4: already found by a preponderance of the evidence that Trump
- 2:44Speaker 4: and a co conspirait at that time it was Johnnystman.
- 2:47Speaker 4: He's also one of the co conspiderers here likely violated
- 2:50Speaker 4: this conspiracy to fraud the US, which is a very
- 2:53Speaker 4: broad statute.
- 2:55Speaker 3: Okay, So, and we're standing by by the way for
- 2:57Speaker 3: a press conference with Jack Smith. He is going to speak,
- 3:01Speaker 3: and I want to follow though, because of the second
- 3:04Speaker 3: count is interfering with the process of certifying, so that
- 3:09Speaker 3: that is going really to the heart of obstructing the
- 3:14Speaker 3: certification of a vote which would lead to the transfer
- 3:17Speaker 3: of power.
- 3:18Speaker 4: So this again section fifteen twelve of Title eighteen has
- 3:23Speaker 4: been used many, many times, perhaps hundreds of times against
- 3:27Speaker 4: January sixth rider. It's the Justice departments go to count
- 3:31Speaker 4: in describing the central event of that day, which was
- 3:34Speaker 4: the disruption of the electoral College certification process that was
- 3:38Speaker 4: taking place inside the Capitol, so that is, you know,
- 3:42Speaker 4: fairly expected, and they go through, I mean every detail
- 3:46Speaker 4: that you can imagine about what happened that day and
- 3:50Speaker 4: what former President Trump said, including you know what we've
- 3:54Speaker 4: all seen, which was his speech to the crowd there
- 3:59Speaker 4: and telling them to march on the Capitol June.
- 4:02Speaker 2: From what we've heard from Trump's lawyers, John Laura and
- 4:05Speaker 2: Todd Blanche is the main line of defense political persecution.
- 4:09Speaker 2: And then just a quick follow to that is what's
- 4:12Speaker 2: the reason from a legal standpoint that the alleged co
- 4:16Speaker 2: conspirators have not been officially named.
- 4:19Speaker 4: Well, the reason may be that the Special Council really
- 4:23Speaker 4: wants to move this to trial fast. So where you
- 4:25Speaker 4: have one defendant, it's much easier to move it to
- 4:28Speaker 4: trial fast. I mean that doesn't mean that, in other words,
- 4:32Speaker 4: since they haven't named the co conspirators, they can still
- 4:35Speaker 4: file charges against them, you know, at another time. So
- 4:39Speaker 4: that doesn't mean that the co conspiras are free and clear.
- 4:41Speaker 4: I know that, you know, Rudy Giuliani had told reporters
- 4:44Speaker 4: that he wasn't being you know, they weren't. He didn't
- 4:47Speaker 4: get a target letter. He wasn't being indicted, he should
- 4:50Speaker 4: say at this time, because you never know what will
- 4:52Speaker 4: happen in the future, and I think it's kind of
- 4:55Speaker 4: unlikely that they're going to let these co conspirators, you know,
- 4:58Speaker 4: get off just free and clear. And as far as
- 5:02Speaker 4: what we've heard from former President Trump and his lawyers
- 5:06Speaker 4: is this is you know, political prosecution, the witch hunt,
- 5:09Speaker 4: which we've heard since even before he became president. That's
- 5:12Speaker 4: not going to fly so well in a courtroom. A
- 5:16Speaker 4: judge probably won't even let them raise that. And Trump
- 5:20Speaker 4: has also said that he's going to raise the that
- 5:23Speaker 4: the election was stolen from him, and I'm sure a
- 5:27Speaker 4: judge is not going to let him raise that either,
- 5:29Speaker 4: because it's been proven in courtrooms. I forget how many
- 5:32Speaker 4: time and time again that the election was fair and
- 5:34Speaker 4: free and was not stolen from him. Some of the
- 5:37Speaker 4: other things he could raise. Advice of counsel is something
- 5:40Speaker 4: that's been talked about, but there again, you have to
- 5:43Speaker 4: have a specific counsel that advised you, and you know,
- 5:46Speaker 4: you have to have there's a thing called you have
- 5:49Speaker 4: to You can't just accept what's said by somebody. You
- 5:53Speaker 4: can't accept something if it's reckless disregard for the truth. So,
- 5:58Speaker 4: I mean, he's going to have a lot more restrictions
- 6:02Speaker 4: on his defense than those that he or his attorneys
- 6:05Speaker 4: throw around. You know, when they're doing interviews. It's going
- 6:08Speaker 4: to be a lot different in a courtroom.
- 6:10Speaker 3: Now, you mentioned June that just looking at Georgia and
- 6:15Speaker 3: other states, this is going to parallel what is going
- 6:19Speaker 3: on with a potential indictment in Georgia. Doesn't I didn't
- 6:23Speaker 3: realize it was going to be this wide ranging. It is.
- 6:26Speaker 3: It is very much a circle, isn't it.
- 6:28Speaker 4: Well, it is, I mean they're covering I was surprised.
- 6:32Speaker 4: I mean, we had heard that, you know, they were
- 6:34Speaker 4: definitely looking into Georgia, they had talked to the Georgia
- 6:36Speaker 4: election officials and secretor of state, et cetera. And we
- 6:40Speaker 4: knew that it was you know, Michigan. There was talk
- 6:43Speaker 4: that they had talked to electors et cetera in Michigan.
- 6:46Speaker 4: But it really is broad because it goes to Pennsylvania,
- 6:49Speaker 4: it goes to Arizona, goes to Wisconsin, and those are
- 6:52Speaker 4: states where I don't think we have heard as much
- 6:54Speaker 4: about the electors in you know, in reporting. So it's
- 6:59Speaker 4: it's shows you how they really have investigated this and
- 7:04Speaker 4: they really have their facts down. I mean, you could
- 7:07Speaker 4: read this and it's sort of like reading a book.
- 7:11Speaker 4: You know, you don't have to, and sometimes in indictments
- 7:13Speaker 4: you have to like wonder and you look, what do
- 7:15Speaker 4: they mean? This is so clearly set out. It's called
- 7:19Speaker 4: a speaking indictment. It's the similar to the one that
- 7:22Speaker 4: we had in the classified documents case, although there are
- 7:25Speaker 4: no pictures in this one, but it's very easy to read.
- 7:29Speaker 4: And I think you know, last time we heard Jack
- 7:31Speaker 4: Smith say that he urged Americans to read the indictment,
- 7:36Speaker 4: and I think that's another thing that they'll probably be
- 7:39Speaker 4: hoping that Americans do to see, you know, where this
- 7:42Speaker 4: all came from and also why Donald Trump is being charged. Also,
- 7:48Speaker 4: you know, they have used that civil rights error law
- 7:53Speaker 4: for deprivation excuse me, deprivation of rights section two forty
- 7:58Speaker 4: one of Title eighteen. And that was a surprise when
- 8:02Speaker 4: it came out in the target letter. It's been used
- 8:05Speaker 4: broadly though in the modern era with cases of voting
- 8:08Speaker 4: fraud conspiracies, so that also was not a surprise. But
- 8:14Speaker 4: it was a surprise when we heard the target letter,
- 8:16Speaker 4: but not so much this because this follows along with
- 8:19Speaker 4: what we anticipated.
- 8:22Speaker 3: Yeah, and hang in there, June, will you, Brian? Did
- 8:24Speaker 3: you have something else to ask June?
- 8:26Speaker 2: Well, it's kind of a long type of question. I
- 8:29Speaker 2: don't know if we can sneak it in, but it
- 8:30Speaker 2: has to do whether or not this continues in the
- 8:33Speaker 2: public arena, which the former president seems to love. Or
- 8:37Speaker 2: you know, listening to former prosecutors and defense lawyers, Normally
- 8:42Speaker 2: they say once you are facing actually doing time in prison,
- 8:46Speaker 2: that you get very careful about what you say in public.
- 8:49Speaker 2: Is that going to be the case this time around?
- 8:51Speaker 1: Well?
- 8:52Speaker 4: I don't think Donald Trump is prone to being careful
- 8:55Speaker 4: about what he says in public. I mean, he's talking
- 8:57Speaker 4: about this on the campaign trail. He continues to call
- 9:00Speaker 4: the Special Council deranged. But if you'll remember, when he
- 9:04Speaker 4: was in New York for his arraignment on those charges,
- 9:09Speaker 4: the judge very sternly instructed him not to say anything.
- 9:14Speaker 4: And I don't think he's really been talking that much
- 9:16Speaker 4: about that particular proceeding. But I think that he may,
- 9:20Speaker 4: even though his lawyers will tell him not to. They'll
- 9:22Speaker 4: tell him don't say anything because it could always be
- 9:25Speaker 4: used against you. I think that Donald Trump being Donald Trump,
- 9:28Speaker 4: He's probably going to continue to talk about it.
- 9:31Speaker 3: Hey, June, thank you and stand by for us. I
- 9:34Speaker 3: know you will and of it. This will be a
- 9:35Speaker 3: topic for Bloomberg Law tonight. That is Bloomberg's legal correspondent,
- 9:41Speaker 3: June Grasso. We want to just switch gears a little
- 9:45Speaker 3: bit and get with Jennie Shanzino, professor of Bloomberg Politics,
- 9:49Speaker 3: contributor author of American Democracy and Crisis. So here it is, Jennie,
- 9:53Speaker 3: this is history, this is you know.
- 9:57Speaker 5: I think it's really striking as we just take a
- 9:59Speaker 5: step back and to think that this is the first
- 10:02Speaker 5: former president to be charged with trying to steal an
- 10:05Speaker 5: election and to impact and disrupt the peaceful transfer of
- 10:09Speaker 5: power which we have had in this country since eighteen
- 10:12Speaker 5: hundred when John Adams handed it over to Thomas Jefferson,
- 10:16Speaker 5: somebody he detested from another party. So it is quite
- 10:20Speaker 5: an indictment. And I obviously like everybody else, and I
- 10:23Speaker 5: was just listening to all of June's details. I don't
- 10:25Speaker 5: know how she does it so fast, but trying to
- 10:28Speaker 5: read through this and somebody described it as a screaming
- 10:31Speaker 5: indictment not a speaking indictment, And I think that is
- 10:34Speaker 5: an apt description because it is chock full of details
- 10:38Speaker 5: of information and it is quite compelling to read what
- 10:43Speaker 5: they have laid out here in these four counts against him.
- 10:46Speaker 3: So now, politically, Brian asked a really good question of June,
- 10:50Speaker 3: and I want to ask the same thing of you.
- 10:52Speaker 3: I mean, well, let me try to refraate. No, I won't.
- 10:56Speaker 3: What's in my head? How do you tell Donald Trump
- 10:59Speaker 3: to shut up when it's when it's against his legal,
- 11:03Speaker 3: you know, probably responsibility to do so? How do you
- 11:06Speaker 3: do that? And will he? And politically can he?
- 11:09Speaker 5: Well, he won't because we already understand he has already
- 11:12Speaker 5: and not surprisingly, sent out a fundraising appeal as this
- 11:15Speaker 5: has come down, saying that this is the Biden administration's
- 11:18Speaker 5: attempt to try to block his campaign because the polls
- 11:22Speaker 5: that we've been talking about for the last two days
- 11:24Speaker 5: and last several weeks quite frankly show that he is
- 11:27Speaker 5: so far ahead. So he is not being silenced. And obviously,
- 11:32Speaker 5: all of us who support the First Amendment as and
- 11:35Speaker 5: I know all of you do, we don't want him
- 11:37Speaker 5: to be you know, sort of quiet in that way.
- 11:40Speaker 5: Or to be shut up. And it's I think one
- 11:43Speaker 5: of the really interesting things in this indictment is that
- 11:46Speaker 5: Jack Smith says very very clearly, he can go out
- 11:49Speaker 5: and he can say on truths. He can lie to
- 11:52Speaker 5: the American people, he can lie to the press, he
- 11:54Speaker 5: can go on the ellipse, and he can say myths truths.
- 11:57Speaker 5: But he's not being charged with any of that. He's
- 12:00Speaker 5: being charged with using the power or attempting to use
- 12:03Speaker 5: the power of his office and the power of the
- 12:05Speaker 5: government to steal an election and to overturn the will
- 12:09Speaker 5: of the American people. And so, you know, we can
- 12:13Speaker 5: have both in other words, and I think it's such
- 12:15Speaker 5: an important point that you both raise. We can have
- 12:18Speaker 5: freedom of speech, freedom of press, First Amendment rights, and
- 12:22Speaker 5: we can also have fair, transparent elections that are uninterrupted,
- 12:27Speaker 5: and that is how it should be in a democracy
- 12:30Speaker 5: like the United States. And that's why I was really, really,
- 12:33Speaker 5: you know, happy in the very quick reading I've done
- 12:35Speaker 5: to see Jack Smith lay that out. You can lie,
- 12:38Speaker 5: but you can't steal, and that is the reality