Latest / Pod Save America / "Trump Without the Handcuffs.”
Transcript
- 0:20Speaker 1: Welcome to Pod Save America. I'm Jon Favreau.
- 0:22Speaker 2: I'm Dan Pfeiffer.
- 0:24Speaker 1: On today's show, the world awaits for a Manhattan jury
- 0:27Speaker 1: to indict Donald Trump. Strict Scrutiny's Leah Lipman joins to
- 0:30Speaker 1: break down the strength of Alvin Bragg's case, and Tiny
- 0:34Speaker 1: D pokes Trump as he continues to shrink in the polls.
- 0:40Speaker 1: Speaking of, speaking of, the trailer has dropped for an
- 0:44Speaker 1: exciting new eight-part series from Crooked and iHeartRadio called Stiffed,
- 0:49Speaker 1: which is about the rise and fall of Viva, the
- 0:52Speaker 1: erotic magazine for women, started by Porn King publisher Bob
- 0:56Speaker 1: Guccione in 1973. Host Jennifer Romolini takes you on a
- 1:00Speaker 1: wild ride through the story that rocked the publishing world.
- 1:03Speaker 1: With a team of feminist writers and editors behind it,
- 1:06Speaker 1: Viva had full frontal male nudity, Dan. That's penises. Just
- 1:13Speaker 1: so you know. A fashion section run by Anna Wintour
- 1:16Speaker 1: and cover stars like Bianca Jagger. But were they doomed
- 1:20Speaker 1: to fail from the beginning? Trailer is out now. First
- 1:24Speaker 1: episode drops March 30th. This is a really fun, great series.
- 1:29Speaker 1: So excited for everyone to check it out. Listen on
- 1:31Speaker 1: all the podcast platforms. I got a lot of dick
- 1:34Speaker 1: jokes in just in the housekeeping, Dan.
- 1:36Speaker 2: Look, I read the housekeeping this morning. I said an
- 1:38Speaker 2: over under in my head of how far you would
- 1:40Speaker 2: get through it before you started cracking up. And you
- 1:43Speaker 2: beat the over by far. You did a great job.
- 1:44Speaker 2: You're a true podcast professional.
- 1:46Speaker 1: Okay, good, good. All right, let's get to the news.
- 1:49Speaker 1: I don't know if you've heard, but it seems like
- 1:52Speaker 1: Donald Trump may have gotten himself into a bit of
- 1:55Speaker 1: a pickle. We are all patiently waiting for a grand
- 2:01Speaker 1: jury in Manhattan to indict the twice impeached frontrunner for
- 2:04Speaker 1: the Republican nomination on criminal charges for paying hush money
- 2:08Speaker 1: to porn star Stormy Daniels. The jury met on Monday,
- 2:12Speaker 1: but we learned today, Thursday, that they won't be meeting
- 2:15Speaker 1: again until next week for some unspecified reason, which means
- 2:19Speaker 1: that next week is the earliest an indictment could come.
- 2:22Speaker 1: But already, according to the New York Times, Trump has
- 2:24Speaker 1: been preparing for his likely arrest by telling people he
- 2:28Speaker 1: is excited about a potential perp walk and even mused
- 2:31Speaker 1: about whether he should smile for the cameras. Meanwhile, without
- 2:35Speaker 1: knowing any details about the potential charges or evidence against Trump,
- 2:39Speaker 1: House Republicans are threatening to investigate Manhattan District Attorney Alvin Bragg,
- 2:44Speaker 1: while the paid liars over at Fox are coming up
- 2:47Speaker 1: with some pretty creative defenses of their guy.
- 2:50Speaker 3: He represents 74 million Americans. And if he's the nominee,
- 2:56Speaker 3: you're putting 74 million votes in prison.
- 3:00Speaker 4: Settlements like this, whatever you think of them, are common,
- 3:03Speaker 4: both among famous people, celebrities, and in corporate America. In
- 3:07Speaker 4: this case, you can believe whatever side you want to believe,
- 3:09Speaker 4: but paying people not to talk about things, hush money,
- 3:13Speaker 4: is ordinary in modern America.
- 3:16Speaker 3: There's no proof Trump slept with Stormy.
- 3:17Speaker 1: There's no baby.
- 3:19Speaker 2: And Trump didn't use campaign funds.
- 3:21Speaker 1: There's no crime here.
- 3:23Speaker 3: The only potential crime here, Mark, is that Donald Trump
- 3:26Speaker 3: was an extortion victim. on a bookkeeping charge. He put
- 3:32Speaker 3: a payment to a woman in the legal column. That
- 3:35Speaker 3: was in the wrong column. Hillary put the dossier in
- 3:38Speaker 3: the same column and.
- 3:39Speaker 1: She got a fine. I think this is all gonna
- 3:42Speaker 1: blow over because I don't see any way that they're
- 3:45Speaker 1: actually gonna get Donald Trump to appear for indictment or
- 3:49Speaker 1: any type of charge.
- 3:50Speaker 3: If you're gonna arrest a president, there better be a
- 3:53Speaker 3: dead body or a suitcase.
- 3:55Speaker 2: Full of cash.
- 3:56Speaker 3: Or as Kilmeade says, a suitcase.
- 3:57Speaker 5: Full of dead bodies.
- 3:58Speaker 1: That's it. That's the new standard. A suitcase full of
- 4:01Speaker 1: dead bodies is the only way that Trump could actually
- 4:07Speaker 1: justifiably be charged with anything.
- 4:10Speaker 2: Is that a thing that Kilmeade says? What's the context
- 4:14Speaker 2: for that?
- 4:16Speaker 1: I mean, you know, Dan, who among us hasn't paid
- 4:19Speaker 1: hundreds of thousands of dollars to silence the porn star
- 4:23Speaker 1: we had an affair with In order to win a
- 4:26Speaker 1: presidential election. And if they can come after Donald Trump
- 4:29Speaker 1: for that, they can come after you for that too, Dan.
- 4:34Speaker 6: Great.
- 4:34Speaker 1: That's where we are. So you wisely suggested that before
- 4:37Speaker 1: we dive into the politics, we take a step back
- 4:40Speaker 1: and talk about the moment we're in right now. The
- 4:44Speaker 1: frontrunner for the Republican nomination for president is on the
- 4:48Speaker 1: cusp of being charged with a felony. And not only
- 4:51Speaker 1: is he staying in the race, most of the party
- 4:54Speaker 1: is sticking with him. despite the possibility that he'll be
- 4:56Speaker 1: charged with even more serious crimes that include trying to
- 5:00Speaker 1: overturn the last election by sending a violent mob to Congress.
- 5:04Speaker 1: Is this where you thought the country would be? We
- 5:07Speaker 1: started this show seven years ago.
- 5:09Speaker 2: Can we put a pin in the seven years thing?
- 5:11Speaker 2: Because I want to have a longer conversation about that someday.
- 5:15Speaker 2: We're entering almost our, we're well into our second term.
- 5:21Speaker 1: You and me with keeping it 1600.
- 5:23Speaker 4: I don't know.
- 5:23Speaker 1: Trump's gaining in the polls. I wonder what will happen.
- 5:27Speaker 1: Here we are seven years later. This is what's happening.
- 5:29Speaker 2: Okay. The serious point here is that the situation you
- 5:34Speaker 2: just described about a man under multiple criminal investigations likely
- 5:38Speaker 2: to be arrested any day now being the front runner
- 5:41Speaker 2: for the Republican nomination and therefore basically a coin flip
- 5:45Speaker 2: away from returning to the White House in a couple
- 5:46Speaker 2: of years. is the perfect statement about how we got
- 5:51Speaker 2: Trump to begin with and that the forces that brought
- 5:53Speaker 2: us Trump haven't gone anywhere, that we have this deeply
- 5:56Speaker 2: radicalizing Republican Party that exists in a dystopian media environment
- 6:03Speaker 2: of propaganda and disinformation with declining trust in institutions, a
- 6:07Speaker 2: mainstream media that has been absolutely gutted in terms of
- 6:11Speaker 2: its reach and its credibility to be an arbiter of
- 6:13Speaker 2: facts and reason and truth. And that the work still
- 6:17Speaker 2: goes on. That even if Trump goes to jail at
- 6:19Speaker 2: the end of this, even if Ron DeSantis wins this
- 6:21Speaker 2: primary or Joe Biden beats both of them, is those
- 6:23Speaker 2: forces still exist. They're bigger than Trump. And they're going
- 6:26Speaker 2: to be what we ultimately have to confront. And it is,
- 6:28Speaker 2: I guess, why seven years later, we're still doing a podcast.
- 6:31Speaker 2: I think it's a very small part of this, but
- 6:34Speaker 2: I can't get over that fact. That's a lot of years.
- 6:37Speaker 1: I mean, we have been hearing for months that that
- 6:41Speaker 1: the Republican establishment is finally done with Trump. They don't
- 6:44Speaker 1: think they can win with him. They have to move on.
- 6:47Speaker 1: Save us, Ron DeSantis. And here's the guy who just
- 6:52Speaker 1: lost them the presidency and the midterms about to get
- 6:55Speaker 1: arrested for one of potentially many felonies. So naturally, they
- 7:01Speaker 1: all took the opportunity to really twist the knife.
- 7:04Speaker 3: This is a political witch hunt perpetrated by one of
- 7:07Speaker 3: the far left radical socialist district attorneys in Alvin Bragg.
- 7:11Speaker 2: There is no limit, no end to the limits they
- 7:15Speaker 2: will go to, to go after Donald Trump.
- 7:18Speaker 3: I think what happens here is that President Trump will
- 7:21Speaker 3: be stronger at the end of the day, but the
- 7:23Speaker 3: damage done to the law may last for decades. It
- 7:27Speaker 3: almost looks like it's an effort to detract But at
- 7:30Speaker 3: the very least, it's another example of two-tier system of justice.
- 7:33Speaker 6: I just wrote a book a couple of months ago
- 7:35Speaker 6: on exactly this topic. It's called Justice Corrupted, How the
- 7:38Speaker 6: Left Has Weaponized the Legal System. I do every week
- 7:42Speaker 6: a podcast, Verdict with Ted Cruz. Yesterday's podcast is an
- 7:46Speaker 6: hour-long deep dive on the legal issues explaining why the
- 7:50Speaker 6: facts of law are utterly bogus.
- 7:53Speaker 1: Talk about fucking sanctimonious.
- 7:56Speaker 7: I mean.
- 7:57Speaker 1: Forget about Ron DeSantis. He's fucking Ted Cruz. I wrote
- 8:00Speaker 1: a book and I also host a podcast.
- 8:03Speaker 2: I mean, John, just slow your roll there, buddy. It
- 8:05Speaker 2: kind of hits close to home.
- 8:07Speaker 1: That is not how I preface my takes, by the way.
- 8:10Speaker 2: That's exactly how I preface my takes.
- 8:11Speaker 1: I just offer them.
- 8:13Speaker 2: Well, you got to be out there. Look, this is
- 8:15Speaker 2: a competitive content environment. You got to be out there
- 8:16Speaker 2: promoting your stuff.
- 8:18Speaker 1: What is wrong with these people? Forget about, like, you know,
- 8:22Speaker 1: we started with the moral implications of the Republican Party
- 8:26Speaker 1: standing by a potential criminal. But just if you do
- 8:31Speaker 1: the pure politics, pure politics, and there are a number
- 8:35Speaker 1: of Republicans, not all of them, but a number of
- 8:37Speaker 1: them who are like, we can't win with Donald Trump.
- 8:40Speaker 1: We need Trump's policies without the Trump baggage. This is it.
- 8:44Speaker 1: This is your opportunity. Why? What's wrong with them?
- 8:48Speaker 2: Because they are craven, cowardly chuckleheads with a strategic sense
- 8:53Speaker 2: of plankton. Like they just, they keep doing the same
- 8:57Speaker 2: thing over.
- 8:58Speaker 1: It's like muscle memory. They're just like, Oh God, something
- 9:01Speaker 1: happened to Trump. We gotta, we gotta defend him. We
- 9:02Speaker 1: gotta defend him.
- 9:04Speaker 2: There is some short term discomfort over moving away from
- 9:08Speaker 2: Trump at any moment, right? After the first impeachment, the
- 9:11Speaker 2: second impeachment, the access Hollywood, January 6th, the potluck dinner
- 9:16Speaker 2: with the Nazis, whatever it is, like at any moment
- 9:18Speaker 2: you can do it, but you're going to take some
- 9:21Speaker 2: shit in the short term. But they all believe, we
- 9:23Speaker 2: know this from reporting, We know this from just common
- 9:26Speaker 2: sense that these Republicans believe that Joe Biden is incredibly
- 9:31Speaker 2: beatable in 2024. And that Donald Trump, of all the candidates,
- 9:36Speaker 2: gives him the least best chance to beat Joe Biden.
- 9:39Speaker 2: I'm not saying that's an accurate assessment, but that's what
- 9:41Speaker 2: they believe. And they want the presidency. But they can't
- 9:44Speaker 2: stomach the short-term discomfort of having Sean Hannity yell at
- 9:48Speaker 2: you or Tucker Carlson yell at you. Or Charlie Kirk
- 9:51Speaker 2: show up at your door or whatever to do the
- 9:53Speaker 2: obvious thing. And they made the same mistake over and
- 9:55Speaker 2: over again. He's never going to fall under his own weight.
- 9:58Speaker 2: You have to. to move away. You have to make a,
- 10:01Speaker 2: take a stand and they cannot do it. They will
- 10:03Speaker 2: not do it. And every time they don't do it,
- 10:05Speaker 2: it gets more difficult to do it the next time.
- 10:08Speaker 1: I mean, just to try something out, you know, I'm
- 10:11Speaker 1: not going to comment on an ongoing investigation. Nothing has
- 10:15Speaker 1: happened yet. And in our justice system, you're innocent until
- 10:20Speaker 1: proven guilty. So I continue to stand by Donald Trump
- 10:23Speaker 1: until we know anything like that. Even if you are
- 10:25Speaker 1: want to if you don't want to get any shit
- 10:27Speaker 1: from Trump or the base or the mega media, you
- 10:31Speaker 1: could say something like that. But instead, they're like, we
- 10:34Speaker 1: are going to we're not just standing by Donald Trump.
- 10:37Speaker 1: We're going to investigate a local prosecutor for an indictment
- 10:41Speaker 1: that hasn't yet arrived. And we're going to take federal
- 10:46Speaker 1: funds away from the Manhattan district attorney's office, the law
- 10:49Speaker 1: and order party. We're going to say no Manhattan district
- 10:52Speaker 1: attorney because he may go after, he may indict our guy.
- 10:59Speaker 1: It's wild.
- 11:00Speaker 2: I don't have it in front of me, but did
- 11:02Speaker 2: you see the Rand Paul tweet that said something like
- 11:07Speaker 2: the prosecution of Donald Trump is one of the greatest
- 11:08Speaker 2: abuses of power of all time. The prosecutor should be
- 11:10Speaker 2: thrown in jail.
- 11:11Speaker 1: Yes.
- 11:12Speaker 4: Yes.
- 11:12Speaker 8: Yes.
- 11:14Speaker 1: It's honestly, it says it all about the Republican Party
- 11:16Speaker 1: right there. It's not. And it's not hypocrisy because this
- 11:19Speaker 1: is where we get. We've talked about this before. We
- 11:21Speaker 1: get into the hip like no one cares about you
- 11:24Speaker 1: point out someone's hypocrisy. It is basically just like, no, no, no.
- 11:27Speaker 1: We have a different set of rules for us. We
- 11:30Speaker 1: get to win all the time. We get to do
- 11:32Speaker 1: whatever we want. We are above the law and you're not.
- 11:37Speaker 1: Everyone else is it. It's Donald Trump. And those of
- 11:40Speaker 1: us who are Donald Trump loyal followers, and then it's
- 11:42Speaker 1: everyone else is the enemy, and we can do whatever
- 11:45Speaker 1: we want to the enemy. That's it. That's the thought.
- 11:48Speaker 1: I know you're going to get into the legal analysis
- 11:50Speaker 1: with Leah, but what do we know about what happens next?
- 11:54Speaker 1: And just from a political logistic standpoint, like how a
- 11:59Speaker 1: criminal defendant runs for president while being tried for a felony?
- 12:03Speaker 2: Well, let's start with the logistics. So here's what happens.
- 12:07Speaker 2: The grand jury renders an indictment. Donald Trump either gets
- 12:10Speaker 2: arrested or he turns himself in, at which point he
- 12:15Speaker 2: is stripped naked and he is marched down Sixth Avenue,
- 12:18Speaker 2: Game of Thrones style.
- 12:20Speaker 1: Now you're just trying to get me excited.
- 12:22Speaker 2: Just wait, just wait. And he gets marched down Sixth Avenue,
- 12:26Speaker 2: Game of Thrones style, where all of the people who
- 12:28Speaker 2: made this happen, the stars of the resistance, get to
- 12:31Speaker 2: yell shame at him. You got Mueller, Comey, the Krasensteins,
- 12:36Speaker 2: the guys from.
- 12:36Speaker 1: The Wicked Project. Fauci is there for some reason.
- 12:38Speaker 2: Fauci is there. The, uh, Jim Acosta shows up at
- 12:42Speaker 2: the end to shout some questions.
- 12:43Speaker 1: They let Michael Avenatti out of House of Rose.
- 12:46Speaker 2: There, there is a, I think he's in, I think
- 12:49Speaker 2: he's might be in solitary confinement. He's in a real prison.
- 12:51Speaker 2: There's a chance we, we might get invited. That's how
- 12:57Speaker 2: that works logistically.
- 12:58Speaker 1: It's important to be self-aware.
- 13:00Speaker 7: Yes.
- 13:00Speaker 1: Um, okay. So that's, that's, what's going to happen, huh?
- 13:03Speaker 2: What will, what will really happen is what happens to
- 13:05Speaker 2: most rich, famous, particularly white people who get, charged and
- 13:10Speaker 2: arrested for crimes is there will probably not be a
- 13:12Speaker 2: perp walk. It will be handled quietly. TMZ will spend
- 13:16Speaker 2: the largest amount of money they've ever spent for a
- 13:19Speaker 2: copy of the mugshot, which hopefully they will succeed.
- 13:22Speaker 1: Um, and then that mugshot will then, that mugshot will
- 13:24Speaker 1: then appear on t-shirts that Donald Trump sells, um, to
- 13:27Speaker 1: benefit his campaign and he'll be wearing them forever.
- 13:30Speaker 2: And cricket will also sell.
- 13:33Speaker 1: Yes. That's it. You heard it. Merch team.
- 13:37Speaker 7: Yeah.
- 13:39Speaker 1: Got another one.
- 13:40Speaker 2: And he's on a flight risk and will just go
- 13:44Speaker 2: about his life campaigning for president, attacking the prosecutor who
- 13:47Speaker 2: was trying to prosecute him for these crimes.
- 13:52Speaker 1: And that's that. And then, I mean, what if, you know,
- 13:54Speaker 1: there was a debate scheduled and he's like, I can't
- 13:56Speaker 1: get to the debate. I have a court hearing. You
- 14:00Speaker 1: do wonder.
- 14:00Speaker 5: I'm just wondering.
- 14:01Speaker 1: There could be some. And we're just talking about the
- 14:04Speaker 1: one felony now. I mean, he could be having multiple trials.
- 14:08Speaker 1: He could be telling Alvin Bragg, I can't show up
- 14:11Speaker 1: at court today because I got to go down to
- 14:12Speaker 1: Fulton County and get a reign there.
- 14:14Speaker 2: Yes. I mean, it likely, it presents a set of
- 14:18Speaker 2: political complications, which we have talked about and we'll talk about.
- 14:21Speaker 2: I mean, it very is like a trial could be
- 14:23Speaker 2: going on in the fall of 2024 when he is
- 14:28Speaker 2: supposed to be campaigning or on a debate stage or
- 14:30Speaker 2: at the convention. I mean, I frankly think that some
- 14:33Speaker 2: ambitious young judge should consider him a flight risk and
- 14:36Speaker 2: put an ankle monitor on him and keep him imprisoned
- 14:38Speaker 2: in Trump Tower for a while.
- 14:40Speaker 1: He'd probably like that. Just keep him in Mar-a-Lago. That's
- 14:43Speaker 1: where he's been for the last year anyway.
- 14:44Speaker 2: Got to keep him in New York State. It's a
- 14:45Speaker 2: state crime. Get him out of Florida.
- 14:46Speaker 1: All right. So we are obviously out of the prediction business,
- 14:50Speaker 1: but I do want to get your take on a
- 14:51Speaker 1: few political prognostications. Quote, the prosecutor in New York has
- 14:56Speaker 1: done more to help Donald Trump get elected president than
- 14:58Speaker 1: any single person in America today. That is South Carolina
- 15:02Speaker 1: Senator Lindsey Graham. Here's another one. You are about to
- 15:06Speaker 1: increase the odds that Donald Trump will win another four
- 15:09Speaker 1: years in the White House dramatically, maybe even decisively. That
- 15:13Speaker 1: is disgraced former pundit Mark Halpern. So here's my question
- 15:17Speaker 1: for you. How many undecided voters do you think will
- 15:20Speaker 1: get off the fence now that they can finally support
- 15:23Speaker 1: someone who may be a convicted felon by Election Day?
- 15:27Speaker 1: Do you think that's what the swing voters were looking for?
- 15:29Speaker 1: They're like, eh. seen Donald Trump since 2016, not sure
- 15:33Speaker 1: about him, waiting for him to get arrested, there's my guy.
- 15:38Speaker 2: That's exactly what I think a small handful of people
- 15:42Speaker 2: in diners frequented by New York Times reporters think and
- 15:45Speaker 2: will tell us when those New York Times reporters go there.
- 15:47Speaker 1: To check it out. Jeremy Peters has talked to all
- 15:49Speaker 1: of them.
- 15:50Speaker 7: Yes.
- 15:51Speaker 2: I think we need to– there are a lot of
- 15:53Speaker 2: predictions happening. We don't do that. I think this is
- 15:56Speaker 2: obviously an unprecedented situation and The politics are complicated, particularly
- 16:01Speaker 2: in the Republican primary, but we should just stipulate that
- 16:04Speaker 2: being indicted for a crime is not going to help you.
- 16:09Speaker 2: It's just a question of how much it hurts you.
- 16:12Speaker 2: It is not going to make him more likely to
- 16:14Speaker 2: be president. It's not going to make him more likely
- 16:15Speaker 2: to be the nominee. It's just a question of whether
- 16:17Speaker 2: enough people will care to penalize him enough to have
- 16:20Speaker 2: him not be the nominee. That is the simple fact here.
- 16:23Speaker 1: Yeah, and I think it's ludicrous to suggest that this
- 16:28Speaker 1: will help him in a general election.
- 16:31Speaker 2: That is the most obvious thing in the world.
- 16:33Speaker 1: For just a million reasons, none the least of which
- 16:37Speaker 1: is that people have largely made up their mind about
- 16:40Speaker 1: Donald Trump and the insurrection and a whole bunch of
- 16:43Speaker 1: other shit have basically moved his poll numbers within a
- 16:46Speaker 1: tiny margin for the last six or seven years. And
- 16:50Speaker 1: the idea that the indictment will actually lead some people
- 16:53Speaker 1: to the polls who haven't already supported Donald Trump in
- 16:56Speaker 1: the last couple elections is just, it's It's baffling. Now,
- 17:02Speaker 1: let's talk about the dynamic in the Republican primary, because
- 17:04Speaker 1: I do think there's some interesting stuff there to talk about.
- 17:08Speaker 1: Other Republicans and lots of pundits have predicted that getting
- 17:10Speaker 1: arrested as the law and order candidate will only help
- 17:13Speaker 1: Trump in the Republican primary, where voters are prone to
- 17:16Speaker 1: believe that this is just another Democrat witch hunt to
- 17:19Speaker 1: destroy their favorite Republican president for some affair. What do
- 17:23Speaker 1: you think about that?
- 17:25Speaker 2: I think that is also pickled galaxy brain take. Once again,
- 17:30Speaker 2: being arrested is never going to help you politically.
- 17:34Speaker 5: It's not.
- 17:35Speaker 2: It is going to complicate, like I said, to complicate
- 17:37Speaker 2: Donald Trump's campaign logistically, but also politically because whenever you
- 17:42Speaker 2: have a primary to choose a nominee to run against
- 17:44Speaker 2: a sitting president, the dominant issue, the one that trumps everything, ideology, morality,
- 17:49Speaker 2: everything else is electability. And Donald Trump potentially facing criminal
- 17:56Speaker 2: prosecution in the fall of the election year creates a
- 17:59Speaker 2: pretty strong electability argument for his opponents to make against him.
- 18:05Speaker 1: I'll give you the other argument. Again, I keep making
- 18:07Speaker 1: these other arguments that I don't actually believe. So please
- 18:11Speaker 1: don't tag me with them.
- 18:12Speaker 2: Okay, now, Elijah, this is where you do the cut.
- 18:15Speaker 2: Right here.
- 18:15Speaker 1: Someone on Twitter the other week was like, Hey, when
- 18:19Speaker 1: did you become such a big Ron DeSantis fan? Yeah,
- 18:21Speaker 1: I'm a huge fucking Ron DeSantis fan. I can't wait.
- 18:23Speaker 2: You defended him vigorously last week.
- 18:25Speaker 1: Yeah, I did because I was trying to play a
- 18:27Speaker 1: role here. I'm trying to give some people some interesting
- 18:29Speaker 1: arguments since we don't have any Republicans on here. Okay,
- 18:35Speaker 1: on this one, this would be the electability argument. And
- 18:38Speaker 1: Trump's already trying to say this, which is Trump is
- 18:41Speaker 1: the one that Democrats fear most, which is why the
- 18:45Speaker 1: Democrats and the liberal establishment and the media... They're all
- 18:48Speaker 1: trying to take Donald Trump down. And this is whatever
- 18:52Speaker 1: you think about Donald Trump. This is a massive injustice
- 18:55Speaker 1: and it's a political prosecution and they're going after him.
- 18:59Speaker 1: And so they're going after you. And then, you know,
- 19:01Speaker 1: you get a bunch of Republican voters who are like
- 19:03Speaker 1: and again, there's like the Trump fans who it's not
- 19:05Speaker 1: going to matter for. There's the people who've decided we're
- 19:08Speaker 1: all in on DeSantis or someone else. We don't want Trump.
- 19:10Speaker 1: And then there's like the the swing voters in the
- 19:13Speaker 1: Republican primary who's like, I like Trump. but I'm willing
- 19:17Speaker 1: to entertain alternatives, but I'm not sold on DeSantis, but
- 19:23Speaker 1: I'm thinking about it. And for those people, the argument
- 19:26Speaker 1: would be, well, they're coming after Trump and they want
- 19:29Speaker 1: to get Trump and I'm going to stand with him.
- 19:33Speaker 1: This is the argument that Ross Duhat made this argument
- 19:36Speaker 1: in the fucking New York Times. And I didn't find
- 19:38Speaker 1: it super compelling, but it was an argument.
- 19:40Speaker 2: I mean, the point here is on its own, It
- 19:45Speaker 2: does not help Trump, for sure. On its own, it
- 19:48Speaker 2: doesn't end his campaign. either. How Trump handles it and
- 19:53Speaker 2: how Ron DeSantis handles it, which we'll talk about, is
- 19:55Speaker 2: going to dictate this. And we do know in the
- 19:59Speaker 2: past that Donald Trump, when he is the center of
- 20:03Speaker 2: attention and the center of a controversy where a bunch
- 20:07Speaker 2: of the people that Republican voters has identified as the
- 20:10Speaker 2: wrong kinds of people line up against Trump, he strengthens.
- 20:14Speaker 2: It's why his numbers went up during impeachment.
- 20:16Speaker 1: And why his numbers with Republicans went up after the
- 20:19Speaker 1: FBI raid on Mar-a-Lago.
- 20:21Speaker 2: And so that could happen again in the short term.
- 20:24Speaker 2: But how Ron DeSantis handles it, how Trump behaves will
- 20:27Speaker 2: determine the end result here, the actual impact. We're not
- 20:30Speaker 2: going to know the impact of this for months. There
- 20:33Speaker 2: may be a quick bump in numbers. It could be real.
- 20:37Speaker 2: It could be statistical noise after an arrest. But there's
- 20:40Speaker 2: a long-term impact here, and it can't be viewed just
- 20:44Speaker 2: in a vacuum because there are other charges potentially to come,
- 20:48Speaker 2: other arrests, other things are going to happen. And the
- 20:52Speaker 2: question is, is the full weight of that too much?
- 20:56Speaker 2: Does it make Trump seem like a loser? Because in
- 20:58Speaker 2: Republican politics, loser is much worse than criminal.
- 21:03Speaker 1: Oh, yeah.
- 21:04Speaker 2: Yeah.
- 21:05Speaker 1: And I do think, I mean, the other side of
- 21:06Speaker 1: that argument for those swing Republican voters is just what
- 21:10Speaker 1: you said, which is they look, they're like, I still
- 21:12Speaker 1: like Donald Trump. Maybe I think the prosecution was unfair,
- 21:14Speaker 1: but like, oh, we got to win. We got to
- 21:16Speaker 1: beat Joe Biden. We're going to, this guy's getting indicted
- 21:19Speaker 1: for all these things. Why not just go with Ron DeSantis?
- 21:22Speaker 1: That's the other side of that argument. How much do
- 21:24Speaker 1: you think it matters politically that breaking campaign finance laws
- 21:28Speaker 1: is a less serious crime than hiding nuclear secrets in
- 21:31Speaker 1: your beach house or plotting a coup? that ended up
- 21:35Speaker 1: turning violent against members of Congress.
- 21:38Speaker 2: If you needed evidence that there is not some giant
- 21:42Speaker 2: top-down deep state conspiracy against Donald Trump, it would be
- 21:46Speaker 2: that this crime is coming first. Because by far, this is,
- 21:50Speaker 2: it is very serious. It can have very real, real,
- 21:53Speaker 2: real impact. But just when you lay them all out,
- 21:56Speaker 2: you have a seven-year-old, as old as this podcast, seven-year-old
- 22:02Speaker 2: crime emanating, public crime emanating from personal conduct compared to
- 22:08Speaker 2: deeply dangerous handling of classified information while president and engineering
- 22:14Speaker 2: a violent coup against the United States. This one clearly
- 22:18Speaker 2: has less substantive moral and political impact than the other two.
- 22:23Speaker 2: And if we were deciding this, this would not come first.
- 22:26Speaker 2: This would probably come last. Doesn't mean it's not significant.
- 22:28Speaker 2: Doesn't mean he shouldn't be held accountable for it. Just
- 22:30Speaker 2: from a purely political point of view, this is the
- 22:32Speaker 2: easiest one for Republican voters looking for a reason to
- 22:36Speaker 2: stick with Trump to use his permission structure to do so.
- 22:40Speaker 1: I don't know. I think it's a nice little appetizer.
- 22:43Speaker 2: Oh, you think it's a moosh?
- 22:48Speaker 1: I think you get what– look it. Alvin Bragg indicts
- 22:52Speaker 1: the guy. The world doesn't end. Knock, knock. Knock on wood.
- 22:57Speaker 1: And then we're ready for Fulton County. We're ready for
- 22:59Speaker 1: what's coming next. We already got one under our belt.
- 23:02Speaker 1: That's what I'm saying. Look, I also think I don't
- 23:05Speaker 1: love minimizing this crime just because relative to hiding nuclear
- 23:12Speaker 1: secrets from the government and staging a violent coup, it
- 23:16Speaker 1: is not as bad. Because it's not just, I mean, yes,
- 23:19Speaker 1: it stems from personal conduct, like you said, but it's cheating. it's,
- 23:24Speaker 1: it's cheating in the election. No, no, no, just on
- 23:26Speaker 1: your way. It's, it's, you know, like that's why we
- 23:29Speaker 1: have campaign finance laws. What Donald Trump tried to do
- 23:32Speaker 1: is say, I can, because I'm rich, I can take
- 23:35Speaker 1: a hundred, couple hundred thousand dollars and buy this woman's silence.
- 23:37Speaker 1: And even though you're only supposed to donate X amount
- 23:40Speaker 1: of money to your campaign, I'm going to blow through
- 23:42Speaker 1: that limit. And then I'm going to lie about it
- 23:44Speaker 1: because I'm trying to win this election. And like, just
- 23:48Speaker 1: because We now think that Donald Trump gets away with everything.
- 23:52Speaker 1: And we think, oh, well, if the Stormy Daniels story
- 23:54Speaker 1: had come out a couple of weeks after Access Hollywood,
- 23:56Speaker 1: it wouldn't really matter that much. And Donald Trump may
- 23:58Speaker 1: still win. We don't know that. And that's why you
- 24:00Speaker 1: have campaign finance laws, because the campaign finance laws are like, no,
- 24:04Speaker 1: you can't spend that much money to silence someone and
- 24:07Speaker 1: you can't hide the reporting of it. So it's like
- 24:09Speaker 1: a real I mean, it was him trying to cheat
- 24:11Speaker 1: an election, which he always does.
- 24:12Speaker 2: Yeah, it is that the argument on the politics here
- 24:16Speaker 2: is two things.
- 24:17Speaker 1: One is.
- 24:18Speaker 2: The fact that Donald Trump is a corrupt cad is
- 24:21Speaker 2: not a new piece of information to people, right? They
- 24:23Speaker 2: knew both of those things. We have actual evidence of
- 24:27Speaker 2: the political impact of alleged crimes of similar nature to
- 24:33Speaker 2: the other two charges, right? We have seen much different,
- 24:37Speaker 2: very poorly covered by the press, how the handling of
- 24:40Speaker 2: alleged classified information can weigh down a campaign, as it
- 24:43Speaker 2: did in 2016. And we know from 2022– that candidates'
- 24:49Speaker 2: involvement in January 6th and pushing the big lie, the
- 24:53Speaker 2: documented fact, hurt them in those elections. And so we
- 24:58Speaker 2: just– it's not that it's not serious. It is quite serious.
- 25:00Speaker 2: It's just from a political salience point of view, I
- 25:03Speaker 2: think you can very credibly argument that it is the
- 25:05Speaker 2: least salient of the three crimes. The fact of the
- 25:07Speaker 2: arrest is a big deal regardless of the crime.
- 25:19Speaker 1: So the other big Trump crime news this week was
- 25:21Speaker 1: an appeals court order that his lawyer, Evan Corcoran, has
- 25:24Speaker 1: to testify in the classified documents case because attorney-client privilege
- 25:30Speaker 1: doesn't apply when you help your client commit a crime.
- 25:34Speaker 1: The appeals court upheld a federal judge's findings. that the
- 25:39Speaker 1: government made a prima facie showing that the former president
- 25:42Speaker 1: committed criminal violations. That was from the federal judge's order.
- 25:47Speaker 1: How do you think an indictment in this case or
- 25:49Speaker 1: in the many other Trump investigations, Fulton County, the other
- 25:55Speaker 1: Jack Smith investigations around January 6th, I believe the Manhattan
- 26:00Speaker 1: or the New York State has some other business investigations
- 26:03Speaker 1: they're doing. There's something about Truth Social and the SEC.
- 26:07Speaker 1: There's a multiple investigation.
- 26:08Speaker 2: There's a civil rape trial going on right now.
- 26:11Speaker 1: Thank you. That's another one. So how do you think
- 26:14Speaker 1: additional indictments change the political calculus?
- 26:19Speaker 2: It is a question. I do think it's just amazing
- 26:23Speaker 2: that in a basically year and a half period, Donald
- 26:26Speaker 2: Trump's had two different lawyers arrested. help him commit two
- 26:28Speaker 2: different crimes. This is the second time. Courts don't lightly
- 26:34Speaker 2: undo attorney-client privilege. It has now happened twice with two
- 26:38Speaker 2: different lawyers with two different crimes, which is just wild.
- 26:41Speaker 2: We know from all the polling that Republican voters still
- 26:44Speaker 2: like Trump. He still has a high approval rating. They
- 26:47Speaker 2: think he was a great president. It's just a question
- 26:51Speaker 2: of whether all of this noise weighs him down. And
- 26:54Speaker 2: the more The more indictments you have, the more arrests
- 26:57Speaker 2: you have, the more trials you have, the more noise.
- 26:59Speaker 2: It reminds people of the baggage. And it emboldens Ron
- 27:05Speaker 2: DeSantis' case to be the alternative. Trump without the handcuffs
- 27:09Speaker 2: is essentially his pitch now.
- 27:15Speaker 1: That's good. That's good. I hope you're listening, DeSantis campaign.
- 27:20Speaker 2: We do not want to help Ron DeSantis. John May,
- 27:22Speaker 2: because he's a huge DeSantis fan.
- 27:26Speaker 1: Look, at some point, there's a lot of people out
- 27:30Speaker 1: there who's going to have to actually pick between run.
- 27:33Speaker 2: We're not one of them. We do not have to.
- 27:35Speaker 1: Isn't that nice?
- 27:36Speaker 2: Isn't that nice?
- 27:38Speaker 1: Look, I know that you're fine with another four years
- 27:40Speaker 1: of Trump. I'm not. That's what you're saying. That's your
- 27:47Speaker 1: position on this. That's what I'm doing. All right. So
- 27:50Speaker 1: not a lot of Democrats, except for us, are talking
- 27:52Speaker 1: about Trump's impending arrest. Joe Biden isn't. Should he be?
- 27:56Speaker 1: I don't think so, but I figured I'd ask you.
- 27:58Speaker 1: If not, should some Democrats be making the case that
- 28:02Speaker 1: if not hitting Trump for these charges, at least hitting
- 28:07Speaker 1: Republicans in Congress for trying to investigate a state prosecutor
- 28:11Speaker 1: because they think Donald Trump is above the law?
- 28:14Speaker 2: I do not think Joe Biden should talk about this.
- 28:16Speaker 2: I think it complicates, even though this is not a
- 28:18Speaker 2: federal case where the prosecutors essentially work for Joe Biden.
- 28:22Speaker 2: It complicates things. It probably helps Trump for Joe Biden
- 28:25Speaker 2: to be commenting on it. I can't imagine. He would
- 28:28Speaker 2: do it. He won't do it. There will be people
- 28:30Speaker 2: arguing he should do it. I think those people will
- 28:32Speaker 2: be mistaken. I think Democrats should make the case that
- 28:36Speaker 2: Republicans are focusing on all of this dumb stuff, on
- 28:39Speaker 2: protecting Donald Trump, on investigating the investigators instead of doing
- 28:44Speaker 2: all the things people actually want them to do. Raising wages,
- 28:48Speaker 2: lowering costs, making healthcare more affordable. averting the debt ceiling
- 28:52Speaker 2: crisis that's coming. All of those things that people, we
- 28:55Speaker 2: know people care about that they're not doing is they
- 28:57Speaker 2: can do all this other stuff in the service of
- 28:59Speaker 2: politics for Donald Trump, for MAGA Republicans. I think that's
- 29:02Speaker 2: the case to make.
- 29:04Speaker 1: Yeah. I just think that, I don't think that a
- 29:08Speaker 1: Democrat talking about this outside of Joe Biden, which I agree,
- 29:12Speaker 1: he can't just be getting into a prosecution. I don't
- 29:15Speaker 1: think that elevates it in the media as much as
- 29:19Speaker 1: the facts of the case yeah you know.
- 29:21Speaker 2: The president's being arrested it's up it's right.
- 29:23Speaker 1: That's gonna like you're not gonna need a democrat to
- 29:26Speaker 1: go out in front of the cameras and and say
- 29:28Speaker 1: that like that's in the news that's in there all
- 29:32Speaker 1: right let's talk about the other major political figure who
- 29:36Speaker 1: hadn't weighed in on trump's impending arrest until this week
- 29:39Speaker 1: governor Ron DeSanctimonious, a.k.a. Meatball Ron, a.k.a. Tiny D. Here's
- 29:45Speaker 1: what he finally had to say.
- 29:46Speaker 8: I don't know what goes into paying hush money to
- 29:49Speaker 8: a porn star to secure silence over some type of
- 29:53Speaker 8: alleged affair. I just I can't speak to that. But
- 29:57Speaker 8: what I can speak to. is that if you have
- 30:00Speaker 8: a prosecutor who is ignoring crimes happening every single day
- 30:06Speaker 8: in his jurisdiction, and he chooses to go back many,
- 30:10Speaker 8: many years ago to try to use something about porn
- 30:15Speaker 8: star hush money payments, you know, that's an example of
- 30:19Speaker 8: pursuing a political agenda.
- 30:20Speaker 1: I do appreciate that he said porn star hush money
- 30:24Speaker 1: payments multiple times in that answer. It was like, I'm not,
- 30:31Speaker 1: you know what I'm thinking about there? I do.
- 30:33Speaker 2: Can you guess?
- 30:34Speaker 7: I do.
- 30:35Speaker 2: Does it involve, was it an MSNBC hit?
- 30:37Speaker 1: Yes. Back in the, back in the 08 campaign in
- 30:42Speaker 1: the primary when Billy Sheen in New Hampshire tried to
- 30:47Speaker 1: insinuate that Barack Obama once did cocaine. Yeah. And then
- 30:51Speaker 1: Mark Penn just said it multiple times in an MSNB.
- 30:54Speaker 1: I don't know what you're talking about. I didn't say
- 30:56Speaker 1: he did cocaine. What are you talking about cocaine? What
- 30:58Speaker 1: are you talking about Barack Obama cocaine? Hence, that was
- 31:00Speaker 1: what Ron DeSantis just did.
- 31:01Speaker 2: We're so old and so lame.
- 31:03Speaker 1: Honestly, go look at it on YouTube. It's a classic.
- 31:06Speaker 4: All right.
- 31:07Speaker 1: Tiny D later sat for an interview with Piers Morgan
- 31:11Speaker 1: for an interview with a Fox streaming service that he
- 31:13Speaker 1: also wrote up in the New York Post. What a sentence.
- 31:18Speaker 1: The headline was in the New York Post for Piers' story,
- 31:21Speaker 1: Ron DeSantis rips Trump's character chaotic leadership style. Here's what
- 31:27Speaker 1: he said. What are the differences between you?
- 31:29Speaker 8: I mean, obviously, you know, the approach to COVID was different.
- 31:32Speaker 8: I mean, you know, I would have fired somebody like Fauci.
- 31:35Speaker 8: I also think just in terms of my approach to leadership,
- 31:37Speaker 8: you know, I get personnel in the government who have
- 31:41Speaker 8: the agenda of the people and share our agenda. So
- 31:45Speaker 8: the way we run the government, I think, is No
- 31:47Speaker 8: daily drama. Focus on the big picture and put points
- 31:51Speaker 8: on the board.
- 31:52Speaker 1: What is your favorite nickname that Trump's given you so far?
- 31:55Speaker 2: Is it Ron DeSanctimonious or Meatball Ron?
- 31:58Speaker 8: I don't know how to spell DeSanctimonious. I don't really
- 32:00Speaker 8: know what it means, but I kind of like it's long.
- 32:03Speaker 8: It's got a lot of vowels. I mean, so we'll
- 32:05Speaker 8: go with that.
- 32:05Speaker 5: That's fine.
- 32:06Speaker 8: You know, you can call me whatever you want. I mean,
- 32:08Speaker 8: just as long as you, you know, also call me
- 32:11Speaker 8: a winner.
- 32:11Speaker 1: Yeah, ripped Trump's character there. What do you think of
- 32:18Speaker 1: Tiny D's strategy?
- 32:20Speaker 2: I just want to say that every time I hear
- 32:22Speaker 2: Rhonda Sanchez's voice, it's like the first time all over again.
- 32:25Speaker 2: It is. It doesn't get less annoying over time. It's
- 32:30Speaker 2: just you're constantly shocked at how annoying it is.
- 32:33Speaker 1: I don't know. You know I'm a fan of Ron DeSantis,
- 32:36Speaker 1: of course. But I don't know if that's going to
- 32:39Speaker 1: wear well, that voice.
- 32:40Speaker 2: Yeah, you do Ron DeSantis with the on mute with
- 32:43Speaker 2: the subtitles on when you watch your boy. Way back
- 32:49Speaker 2: in the day, you may have been there for this,
- 32:52Speaker 2: but we watched a focus group about the new House
- 32:54Speaker 2: Republican majority and they played a lot of footage of
- 32:57Speaker 2: Eric Cantor.
- 32:58Speaker 1: Oh, yeah, he's another one with a bad voice.
- 33:00Speaker 2: With a voice, and the focus group crowd just revolted
- 33:05Speaker 2: against Eric Cantor's voice. And I really feel like that's
- 33:07Speaker 2: how it's going to play for Ron DeSantis.
- 33:09Speaker 1: Anyway, we do substantive criticism here, no theater criticism.
- 33:12Speaker 2: Hey, look, I'm just telling you what the voters care about.
- 33:14Speaker 2: Not saying it's good, not saying it's bad.
- 33:18Speaker 1: Anyway, so what do you think of DeSantis? He poked
- 33:21Speaker 1: out a little bit. He's doing a little... So little
- 33:25Speaker 1: needling of Trump. And I will say for him, by
- 33:28Speaker 1: the way, before you answer, sorry, like a little does
- 33:30Speaker 1: go a long way with the press. Like DeSantis said
- 33:33Speaker 1: that in the interview, which I think we can all
- 33:35Speaker 1: agree is pretty mild. And the New York Post wrote
- 33:38Speaker 1: it up as DeSantis rips Trump's character.
- 33:41Speaker 2: I mean, that is going to happen a thousand times.
- 33:43Speaker 2: And he should be savvy enough to know that because
- 33:46Speaker 2: the press is always spoiling for a fight between politicians.
- 33:49Speaker 7: Yeah.
- 33:50Speaker 2: But they're particularly spoiling for a fight between Ron DeSantis
- 33:53Speaker 2: and Donald Trump for a whole host of reasons. What
- 33:56Speaker 2: I think as a strategy, this is– you see– basically
- 34:03Speaker 2: what DeSantis said there is the core strategy of his campaign.
- 34:05Speaker 2: Like I bet in a whiteboard in the DeSantis headquarters-to-be,
- 34:09Speaker 2: it is that. It's how do you– if your lane
- 34:12Speaker 2: is Trump– without the baggage or the handcuffs, whatever, and
- 34:16Speaker 2: you're going to be less chaotic, and you have to
- 34:18Speaker 2: find one issue to differentiate yourself on, and that issue
- 34:21Speaker 2: is obviously COVID, because it's the place where you are
- 34:26Speaker 2: known for terrible reasons for your quote-unquote success in COVID,
- 34:30Speaker 2: where in the Republican Party, success is measured by lives owned,
- 34:32Speaker 2: not lives saved.
- 34:35Speaker 1: I let a bunch of old people die. That's where
- 34:37Speaker 1: I'm running on.
- 34:39Speaker 2: And so you pick Fauci, right? So that is the strategy.
- 34:43Speaker 2: But I feel like DeSantis needs to show, not tell.
- 34:49Speaker 2: He basically just read the whiteboard to the people and said,
- 34:52Speaker 2: you want to demonstrate those things without being so explicit
- 34:55Speaker 2: about it. And he walked sort of right into a
- 34:57Speaker 2: trap here where he did, you know, he was sort
- 35:00Speaker 2: of faced with a binary choice, defend Trump like everyone else,
- 35:04Speaker 2: or use his opportunity to differentiate yourself. And the worst
- 35:08Speaker 2: decision in politics is not the wrong decision. It's no decision.
- 35:10Speaker 2: And that's what he did here. He tried to do both.
- 35:12Speaker 2: And I think he pleased no one. And you see
- 35:14Speaker 2: in the press coverage is shitty for him all across
- 35:16Speaker 2: the board, I think.
- 35:17Speaker 1: And by the way, something similar happened with him on Ukraine.
- 35:21Speaker 1: He tried to walk back his statement that his campaign
- 35:26Speaker 1: put out to Tucker Carlson about his position on Ukraine,
- 35:29Speaker 1: calling it a territorial dispute. And then with peers, he
- 35:33Speaker 1: was like, well, Putin's a war criminal. And I didn't.
- 35:35Speaker 1: My statement was taken out of context. It's like, no,
- 35:38Speaker 1: the context was it was a fucking written statement, dude.
- 35:41Speaker 1: We didn't take it out of context. We all read
- 35:43Speaker 1: the words. So I do think it's emblematic of sort
- 35:46Speaker 1: of what he's trying to straddle here in this primary. Look,
- 35:50Speaker 1: as you know, huge Ron DeSantis fan.
- 35:52Speaker 2: Clip.
- 35:53Speaker 1: And I have been laying out the reasons why I
- 35:56Speaker 1: don't think it's a great idea for him to just
- 35:58Speaker 1: go nuclear on Trump this early. Because... there are a
- 36:03Speaker 1: ton of Republican voters who love Donald Trump, even as
- 36:06Speaker 1: they are potentially open to alternatives. But even for me,
- 36:12Speaker 1: I think that his Piers Morgan interview and his Stormy
- 36:16Speaker 1: Daniels statement is just a little too cute by half.
- 36:19Speaker 1: You know, Tommy makes the point that it's like DeSantis
- 36:23Speaker 1: is showing is being too weak and Republican voters want
- 36:26Speaker 1: strength and that's why they want Trump. And my take
- 36:29Speaker 1: is like slightly different. I don't think it's contradictory, but
- 36:31Speaker 1: it's like, DeSantis there sounds like a typical politician in
- 36:37Speaker 1: trying to carefully criticize Trump for the press. And like
- 36:41Speaker 1: you said, reading the message from the whiteboard and Trump
- 36:45Speaker 1: is trying to put him in a box of typical
- 36:49Speaker 1: establishment politician. And he's sounding like a typical establishment politician
- 36:54Speaker 1: in the way that he's criticizing Donald Trump right now.
- 36:57Speaker 1: And I think that's if you're one of those voters
- 37:00Speaker 1: who was like open to DeSantis and still open to
- 37:02Speaker 1: supporting Trump again, you kind of look, you listen to
- 37:05Speaker 1: Donald Trump, just being Donald Trump. And then you listen
- 37:07Speaker 1: to Ron DeSantis, like doing his line about Fauci and
- 37:10Speaker 1: COVID and making a stupid joke about the vowels and DeSanctimonious.
- 37:13Speaker 1: And you're like, eh, I don't know. This guy seems
- 37:15Speaker 1: a little, little, little typical.
- 37:18Speaker 2: I think what you're seeing here is, is the great
- 37:21Speaker 2: challenge of potential undoing of DeSantis' campaign, which is Trump's
- 37:25Speaker 2: hardcore base, the one that can deliver him the nomination
- 37:28Speaker 2: in the winner-take-all primaries of the Republican Party, they're dedicated
- 37:34Speaker 2: to him personally, and they are MAGA through and through.
- 37:37Speaker 2: The universe of voters who are open to Ron DeSantis,
- 37:40Speaker 2: which makes up probably 65% of the Republican Party, they
- 37:46Speaker 2: are ideologically incoherent. Some of them are more traditional Republicans
- 37:51Speaker 2: who would certainly pick a Republican over Joe Biden, but
- 37:54Speaker 2: are uncomfortable with Trump for a variety of reasons. The
- 37:57Speaker 2: reason he flips on Ukraine is because he's got a
- 38:00Speaker 2: whole bunch of people, including huge donors, who think that
- 38:04Speaker 2: the Republicans should return to their neocon roots and be
- 38:07Speaker 2: tough on Russia. So he flips there. You have people
- 38:09Speaker 2: who love all the stuff Donald Trump did, just think
- 38:13Speaker 2: he wasn't effective at it. So you want all the
- 38:16Speaker 2: MAGA stuff with more efficacy and less chaos. You have
- 38:19Speaker 2: people who want– to return to some of not Paul
- 38:22Speaker 2: Ryan-like entitlement cuts, but more traditional tax cuts and trade.
- 38:27Speaker 2: And trying to stitch that anti-Trump or DeSantis-curious coalition together
- 38:33Speaker 2: is going to be very, very challenging for him. And
- 38:35Speaker 2: he's not doing it very deftly early in the process here.
- 38:39Speaker 1: What would you have advised DeSantis to do this week?
- 38:43Speaker 2: Just chill the fuck out.
- 38:45Speaker 1: Interesting. Or just not say much at all?
- 38:47Speaker 2: Well, I think his Piers Morgan interview, his statement feels
- 38:50Speaker 2: very reactive. The narrative is, and it's borne out in
- 38:53Speaker 2: the polling, that Donald Trump has gained ground on DeSantis,
- 38:56Speaker 2: that Trump has ascended, DeSantis is falling. And I think
- 38:59Speaker 2: that is an accurate fact. That is being attributed to
- 39:03Speaker 2: the fact that Donald Trump is lashing out at Ron
- 39:06Speaker 2: DeSantis left and right, and DeSantis has not been responding.
- 39:09Speaker 2: But the polling does not actually show that's why Trump
- 39:12Speaker 2: is gaining and DeSantis is falling.
- 39:14Speaker 1: DeSantis' favorability ratings are better than Trump's.
- 39:18Speaker 2: They have not taken a hit.
- 39:20Speaker 1: Even as he's been losing ground in the head-to-head, his
- 39:23Speaker 1: favorability ratings are quite high and his unfavorability rating is
- 39:26Speaker 1: very low. This is all among Republican voters. Yeah.
- 39:29Speaker 2: So that's the key point, which that means that voters
- 39:32Speaker 2: are returning to Trump not because they've learned information that
- 39:36Speaker 2: they don't like about Ron DeSantis. They're just being reminded
- 39:39Speaker 2: why they like Donald Trump, that he is– he hasn't
- 39:43Speaker 2: been involved in some– some sort of major embarrassment recently,
- 39:48Speaker 2: like losing the primary or dining with Kanye West or
- 39:50Speaker 2: all that. He is just owning the news like he
- 39:53Speaker 2: does so well. And Ron DeSantis was everywhere right after
- 39:56Speaker 2: the midterms. And he's faded into the background. And so
- 40:02Speaker 2: you don't be reactive, Trump. I think in this case,
- 40:06Speaker 2: I would have just gone after the prosecutor if I
- 40:09Speaker 2: was Ron DeSantis. I would have said as little as possible,
- 40:11Speaker 2: just gone after the prosecutor and and said, I'm focused
- 40:14Speaker 2: on my legislative session doing X, Y, and Z. This
- 40:17Speaker 2: is a long game. Play the long game here. Understand
- 40:20Speaker 2: why you are fading. And it's not because you're not
- 40:23Speaker 2: responding to Trump. It's because you haven't announced your campaign yet.
- 40:26Speaker 2: I would maybe speed up my timeframe to try to
- 40:28Speaker 2: get this going and try to find some high-profile moments
- 40:32Speaker 2: that remind people why they like me that have nothing
- 40:34Speaker 2: to do with Trump during the course of this legislative session.
- 40:38Speaker 2: But I think he's being... reactive. He's not handling the
- 40:42Speaker 2: first bit of turbulence well. And it's just like, relax
- 40:45Speaker 2: for a second. There's only two people are going to
- 40:46Speaker 2: win this primary, Donald Trump or Ron DeSantis. You're still
- 40:50Speaker 2: the other person and there's no need to panic just yet.
- 40:53Speaker 1: I think to your earlier point about how the Republican
- 40:57Speaker 1: party is fine with a criminal, but they don't like
- 40:59Speaker 1: a loser. Like I think if Ron DeSantis does not
- 41:02Speaker 1: start defining Donald Trump as a loser, Ron DeSantis will
- 41:05Speaker 1: be a loser. Like he's just got a, I think,
- 41:09Speaker 1: and he doesn't have to just come right out now
- 41:11Speaker 1: and say like the guy's the biggest loser though. That
- 41:13Speaker 1: would be interesting. I think just like every time Donald
- 41:16Speaker 1: Trump attacks him, every time he's asked about Donald Trump,
- 41:18Speaker 1: just have this sort of like, uh, it's sort of sad.
- 41:22Speaker 1: It's sort of pathetic. You know, like I'm, I'm focused
- 41:24Speaker 1: on my stuff and you know, Donald Trump, he was,
- 41:26Speaker 1: he was a great president once, but I, you know,
- 41:28Speaker 1: he's sort of, he's struggling for relevance. He's got all
- 41:31Speaker 1: these indictments. It's just, it's sort of sad. It's sort
- 41:33Speaker 1: of sad. You know, like I think he's got to
- 41:35Speaker 1: put him in a loser box and And right now,
- 41:38Speaker 1: it just doesn't– I don't know. It seems like it's
- 41:41Speaker 1: too cute by half and it's too subtle what he's doing.
- 41:43Speaker 2: I think it's actually the opposite of subtle. I think
- 41:47Speaker 2: it's too just obvious.
- 41:49Speaker 1: Transparently political.
- 41:50Speaker 2: Yeah, so transparently political. It is subtle in the sense
- 41:53Speaker 2: that it's.
- 41:53Speaker 1: For people who are tuned in like us, right? For
- 41:56Speaker 1: most voters, they have no fucking idea that Donald.
- 41:58Speaker 2: Yeah, he's getting the worst of all worlds. He is
- 42:01Speaker 2: pleasing no one. He's getting all the downside, none of
- 42:05Speaker 2: the upside, and he just has to– this is the question.
- 42:09Speaker 2: He has not faced real political turbulence in his life
- 42:12Speaker 2: and how you handle that. Like when we work for Obama, right?
- 42:16Speaker 2: I hate the 2008 parallels to this, but DeSantis is
- 42:20Speaker 2: like Obama in the sense that he is completely fresh
- 42:23Speaker 2: on the national stage. It is an untested proposition of
- 42:27Speaker 2: how we'll handle the tremendous pressure and glare and scrutiny
- 42:31Speaker 2: of a presidential campaign. And if he does, if he,
- 42:34Speaker 2: it's possible he can't handle it. It's very possible he can't.
- 42:36Speaker 2: We're going to find that out pretty quickly here.
- 42:38Speaker 1: And he hasn't had anything like this because he's been
- 42:41Speaker 1: in Florida only talking to MAGA friendly press outlets and
- 42:46Speaker 1: just like holding press conferences where he fucking owns the lips,
- 42:49Speaker 1: you know? And it's like, if that's, that's the only
- 42:51Speaker 1: clips people see, then like, yeah, Republicans are going to
- 42:53Speaker 1: like him. But when he has to actually sit down,
- 42:55Speaker 1: do interviews, do press conferences, do all this kind of shit,
- 42:58Speaker 1: like that's the real test.
- 42:59Speaker 2: It's so funny that right now we're talking about him
- 43:01Speaker 2: being completely in safe spaces, and we're talking about him
- 43:04Speaker 2: venturing out into dangerous territory by speaking to slightly more
- 43:08Speaker 2: pro-Trump MAGA media people. He's not sitting down with the
- 43:13Speaker 2: ghost of Tim Russert for Meet the Press. He might
- 43:17Speaker 2: have to talk to either Doocy or something.
- 43:22Speaker 1: Oh, boy. Tiny D. Okay, when we come back, Dan
- 43:25Speaker 1: will talk to Strict Scrutiny's Leah Lippman about... the case
- 43:29Speaker 1: against Donald Trump.
- 43:39Speaker 2: We are eagerly awaiting the potential indictment and arrest of
- 43:42Speaker 2: Donald Trump. Here to break down the legal case is
- 43:44Speaker 2: Leah Lippman, the host of Crooked's fantastic legal podcast, Strict Scrutiny. Leah,
- 43:49Speaker 2: welcome back to the pod.
- 43:50Speaker 5: Thanks for having me.
- 43:51Speaker 2: Leah, Donald Trump said he was going to get arrested
- 43:53Speaker 2: on Tuesday. The press thought it would be Wednesday. We
- 43:55Speaker 2: were hoping it would be today. Do you have any
- 43:57Speaker 2: sense of what the delay is with the grand jury
- 44:00Speaker 2: vote on a potential indictment?
- 44:01Speaker 7: I mean, we always knew we needed to take him seriously,
- 44:04Speaker 7: not literally. So the day of the week was a
- 44:05Speaker 7: little beside the point. But basically, the way grand jury
- 44:08Speaker 7: proceedings work is they impanel a grand jury and that
- 44:11Speaker 7: grand jury hears a bunch of different cases. But it
- 44:14Speaker 7: might not actually sit on days it was scheduled and
- 44:17Speaker 7: their proceedings aren't actually public. So The grand jury wasn't
- 44:21Speaker 7: actually seated, I think, either on Tuesday or maybe even Wednesday.
- 44:25Speaker 7: And it looks like Thursday is the first day in
- 44:27Speaker 7: which they're actually going to sit down and hear cases
- 44:29Speaker 7: and decide whether to issue indictments. So it's really about
- 44:33Speaker 7: the scheduling of the grand jury and the secrecy of
- 44:35Speaker 7: those proceedings.
- 44:37Speaker 2: This maybe sounds like a crazy question, but do we
- 44:39Speaker 2: have any reason to believe the indictment is actually imminent
- 44:42Speaker 2: other than Donald Trump's Postal and Truth Social? Or are
- 44:45Speaker 2: we just going off of wishful thinking or something like that?
- 44:48Speaker 7: I think it is largely based on things that are
- 44:50Speaker 7: coming from his camp, in part because grand jury proceedings
- 44:53Speaker 7: are generally secret. I mean, we don't necessarily know whether
- 44:56Speaker 7: someone has been indicted unless they make it public or
- 44:59Speaker 7: until they've been arrested. Now, having said that, there has
- 45:03Speaker 7: been some suggestion and piece of evidence otherwise that some
- 45:08Speaker 7: things are happening, interviewing other people close to the Trump
- 45:11Speaker 7: camp and other people seemingly being asked questions or becoming
- 45:16Speaker 7: involved in this New York-based investigation in a way that
- 45:20Speaker 7: it looked like it had died down a few years back.
- 45:23Speaker 7: So there are some pieces of corroborating evidence for his statements.
- 45:29Speaker 2: In general, what happens after the indictment? Just help us
- 45:33Speaker 2: understand the process. Talk to us, like the non-lawyers that
- 45:36Speaker 2: we are. Will he get frog-marched? Will there be the
- 45:39Speaker 2: perp walk America deserves? How soon could a trial happen?
- 45:41Speaker 2: Just what's the basic process here?
- 45:43Speaker 5: Sure.
- 45:44Speaker 7: So after an indictment, there will be a determination about
- 45:47Speaker 7: whether someone will be held before a trial or during trial,
- 45:52Speaker 7: and that might be a point in which an arrest happens.
- 45:55Speaker 7: There will then be a determination about whether someone will
- 45:58Speaker 7: be held with or without bail before trial, and then
- 46:01Speaker 7: there will be a trial. Unfortunately, the timing on these
- 46:04Speaker 7: things is all.
- 46:06Speaker 5: Over the map.
- 46:08Speaker 7: It really depends, you know, what priority the prosecutors give
- 46:12Speaker 7: this case relative to others, as well as what other
- 46:15Speaker 7: kinds of cases they are trying to bring. And so
- 46:17Speaker 7: it's impossible to know what sort of schedule we are
- 46:21Speaker 7: looking at. You know, the only kind of legal constraints
- 46:24Speaker 7: are you have a constitutional right to a speedy trial,
- 46:26Speaker 7: but that's a pretty toothless guarantee. And as long as
- 46:29Speaker 7: it happens within, let's say, a year, a few years,
- 46:34Speaker 7: it's going to be fine. So it really depends on
- 46:37Speaker 7: how the office tries to proceed.
- 46:39Speaker 2: So there's no guarantee this will happen before the election,
- 46:42Speaker 2: were there to be a trial?
- 46:44Speaker 7: No guarantee, although you kind of have to think that
- 46:48Speaker 7: they don't want this hanging over their heads for some
- 46:53Speaker 7: uncertain period of time and indefinite point in the future.
- 46:56Speaker 5: But again, that's just my own intuition.
- 47:01Speaker 2: Our understanding of what Donald Trump is being investigated for
- 47:04Speaker 2: and maybe indicted for involves hush money payments to a
- 47:07Speaker 2: woman he had an affair with. People get money in
- 47:12Speaker 2: exchange for their silence all the time in the course
- 47:16Speaker 2: of business and in cases. Why is this one a crime?
- 47:20Speaker 2: What crime did Donald Trump allegedly commit here?
- 47:23Speaker 7: So the New York state crime is falsifying business records.
- 47:26Speaker 7: So you have to report payments that you are making
- 47:30Speaker 7: as part of your business and you have to report
- 47:33Speaker 7: them truthfully. That is just a state requirement. And the
- 47:36Speaker 7: charge of falsifying business records is actually a pretty common
- 47:39Speaker 7: one that New York prosecutes all the time. But what
- 47:42Speaker 7: makes this case potentially different is falsifying business records is
- 47:46Speaker 7: typically a misdemeanor. And here it looks like they might
- 47:50Speaker 7: be trying to charge him with a felony. And in
- 47:52Speaker 7: order to charge him with a felony, you have to
- 47:54Speaker 7: show that the business records were falsified with an intent
- 47:58Speaker 7: to commit some other crime. And we don't totally know
- 48:03Speaker 7: what that other crime is. It might very well end
- 48:08Speaker 7: up being federal election law or campaign finance violations, where
- 48:14Speaker 7: basically the allegation is they use this money for the
- 48:18Speaker 7: benefit of the campaign, but didn't disclose it as such.
- 48:22Speaker 7: So That's the general theory, falsifying business records, and they're
- 48:26Speaker 7: trying to elevate it or escalate it up to a
- 48:29Speaker 7: felony charge by proving that the business records were falsified
- 48:32Speaker 7: in order to commit some other crime, likely violation of
- 48:35Speaker 7: federal campaign finance law.
- 48:37Speaker 2: That's a federal law. This is a state case, but
- 48:39Speaker 2: that works because the business records falsification is in service
- 48:43Speaker 2: of that federal crime?
- 48:45Speaker 7: It's because, yes, exactly. The underlying state charge is falsifying
- 48:49Speaker 7: business records. Now, this theory is admittedly slightly untested, whether
- 48:55Speaker 7: the felony that you are trying to conceal that New
- 48:59Speaker 7: York can prosecute you for is a federal crime versus
- 49:01Speaker 7: a state one. That's a little uncertain, but it's not
- 49:05Speaker 7: even clear that that is the only crime that they
- 49:08Speaker 7: are saying he was intending to commit when he falsified
- 49:12Speaker 7: these business records.
- 49:13Speaker 5: There could also be state charges as well.
- 49:15Speaker 7: It just so happens that that's the most likely one
- 49:17Speaker 7: given that Michael Cohen already pled guilty to a federal
- 49:21Speaker 7: campaign finance violation.
- 49:22Speaker 2: So in other words, we're all making a whole bunch
- 49:24Speaker 2: of judgments and speculation based on an incomplete set of facts.
- 49:27Speaker 2: Is that fair to say?
- 49:29Speaker 5: Exactly. I mean, this is the world that Donald Trump
- 49:31Speaker 5: has forced us into. Yes.
- 49:33Speaker 7: Okay.
- 49:33Speaker 1: Okay.
- 49:34Speaker 2: One parallel that people have drawn with this admittedly incomplete
- 49:37Speaker 2: set of facts is to the case against former Democratic
- 49:40Speaker 2: presidential candidate, John Edwards, who also provided money to a
- 49:45Speaker 2: woman with whom he'd had an affair. He was indicted, charged,
- 49:49Speaker 2: taken on trial, and got off. How are these cases
- 49:51Speaker 2: similar or different?
- 49:53Speaker 5: Sure.
- 49:53Speaker 7: So they're similar in that the allegation there was there
- 49:57Speaker 7: was a payment made to an individual to keep them quiet.
- 50:00Speaker 7: And the allegation was keeping that individual with whom John
- 50:03Speaker 7: Edwards had an affair quiet was a benefit to the
- 50:06Speaker 7: Edwards campaign. Now, there are, however, some pretty important differences.
- 50:12Speaker 7: One is John Edwards' defense is not, let's say, as
- 50:18Speaker 7: credible for Donald Trump, because John Edwards' defense was he
- 50:23Speaker 7: wasn't keeping his affair quiet for the benefit of his campaign,
- 50:28Speaker 7: but rather to keep it from his wife and children
- 50:32Speaker 7: as his wife was dying from cancer. And it's not
- 50:36Speaker 7: just that he said that, it's also that he continued
- 50:40Speaker 7: to pay the woman with whom he had an affair
- 50:43Speaker 7: after the election. And so that gave his defense some
- 50:47Speaker 7: additional credibility there. Now, how believable is it that Donald
- 50:53Speaker 7: Trump doesn't want anyone to know about his infidelity, right?
- 50:58Speaker 5: Like it's just not that credible.
- 51:00Speaker 7: And on top of that, you don't have, again, just
- 51:03Speaker 7: based on the admittedly speculative incomplete facts we are working with,
- 51:07Speaker 7: you know, a piece of evidence that suggests he continued
- 51:11Speaker 7: to make these payments, you know, after the election, because
- 51:15Speaker 7: what he really cared about was, you know, public opinion
- 51:18Speaker 7: or his wife's opinion or his, you know, family's opinion about,
- 51:22Speaker 7: you know, who he was sleeping with.
- 51:25Speaker 2: Let's presume for a second that the crime is the
- 51:27Speaker 2: one you suspect it may be involving campaign finance violations
- 51:31Speaker 2: because of the falsified business records. If that is the case,
- 51:35Speaker 2: how difficult a case do you think that is to prosecute?
- 51:40Speaker 2: Does it give Trump a real opening to get off here?
- 51:43Speaker 2: What's your legal analysis of the kind of case that
- 51:45Speaker 2: Bragg would bring under those circumstances?
- 51:47Speaker 7: I mean, the misdemeanor charge, falsifying business records, that seems
- 51:50Speaker 7: pretty straightforward. Proving the predicate or enhancement felony seems more difficult.
- 51:56Speaker 7: And it's more difficult in part because it turns on
- 51:59Speaker 7: what Donald Trump's intent was. And proving intent, that is
- 52:03Speaker 7: like what is in someone's mind, is.
- 52:05Speaker 5: Always a little bit difficult.
- 52:07Speaker 7: I think, frankly, particularly true when you're dealing with someone
- 52:10Speaker 7: who's a serial liar, who has like a pretty agnostic
- 52:14Speaker 7: relationship with the facts. And so you don't really know
- 52:17Speaker 7: when all of the things or which of the things
- 52:20Speaker 7: they say are actually true. Now, that being said, it
- 52:24Speaker 7: can't be the case that just because someone is a
- 52:26Speaker 7: perennial liar means they can never be convicted of an
- 52:30Speaker 7: intent crime and a campaign finance violation. And here you
- 52:35Speaker 7: also have the additional fact that Michael Cohen pleaded guilty
- 52:39Speaker 7: to this very offense, and that's got to help the conviction.
- 52:43Speaker 7: So is it possible he could be convicted?
- 52:45Speaker 5: Yes. Is there a way in which he could get off?
- 52:49Speaker 7: Yes. I mean, part of what is the atmosphere around
- 52:53Speaker 7: this case is that it would have been possible, it
- 52:55Speaker 7: could have been possible for a state prosecutor to bring
- 52:58Speaker 7: this charge forward. You know, four or five years ago,
- 53:01Speaker 7: it's been possible for federal prosecutors to, you know, bring
- 53:04Speaker 7: a federal campaign finance charge, you know, ever since we
- 53:07Speaker 7: knew these facts and ever since the Michael Cohen plea,
- 53:09Speaker 7: and they haven't. And I think that, unfortunately, that atmospheric
- 53:13Speaker 7: aspect of the case might color people's assessments of whether
- 53:16Speaker 7: they think he is, in fact, guilty.
- 53:19Speaker 2: And if he were to be found guilty, it's life
- 53:21Speaker 2: in prison, right? This is it. Throw away the key.
- 53:23Speaker 2: That's how it goes.
- 53:24Speaker 7: Uh, you know, our criminal system is in fact, overly
- 53:27Speaker 7: punitive and overly harsh.
- 53:29Speaker 5: Um, but, uh, no, uh, it's not actually going to
- 53:32Speaker 5: be a life in prison.
- 53:33Speaker 7: Um, and you know, there's a wide range of different punishments, um,
- 53:38Speaker 7: that might happen just depending on, you know, whether he's
- 53:41Speaker 7: convicted of a misdemeanor or felony. Um, and if he
- 53:43Speaker 7: is convicted of the felony and, you know, what charges
- 53:46Speaker 7: they bring. So it's really impossible to tell at this point, but, uh, No,
- 53:49Speaker 7: I don't think we're looking at life without parole.
- 53:51Speaker 2: Oh, well, there you go. Okay. I'm now going to
- 53:53Speaker 2: put you in the position of a deeply uncomfortable hypothetical situation.
- 53:58Speaker 1: Uh-oh.
- 53:58Speaker 6: Yeah.
- 53:59Speaker 2: Imagine this. Donald Trump has found himself destitute. He needs
- 54:04Speaker 2: legal representation. The court appoints you to be his pro
- 54:08Speaker 2: bono attorney. How would you, legal expert, and I can
- 54:11Speaker 2: promise you no one who's working on Trump's legal team
- 54:12Speaker 2: is going to hear this. So give us your best stuff.
- 54:15Speaker 2: How would you defend Donald Trump? Were you his attorney?
- 54:19Speaker 7: So first I would come up with a set of
- 54:21Speaker 7: alternative facts to explain why exactly my client, who is
- 54:27Speaker 7: very much a family man, wanted to conceal this affair
- 54:31Speaker 7: from his.
- 54:31Speaker 5: Very young child.
- 54:34Speaker 7: And on top of that, I do think some amount
- 54:37Speaker 7: of this case is going to be decided just in
- 54:39Speaker 7: the public eye. And I think with public messaging around
- 54:43Speaker 7: why these charges are being brought now, why they weren't
- 54:45Speaker 7: brought then, that's going to be a part of the
- 54:48Speaker 7: story as well. And so my guess is that will
- 54:50Speaker 7: seep into the trial as far as defense evidence. allegations
- 54:55Speaker 7: about prosecutorial misconduct or impermissible prosecutorial motives saying like, they're
- 55:00Speaker 7: just out to get me, you know, their predecessor decided
- 55:02Speaker 7: not to prosecute me. And now they're just doing so
- 55:05Speaker 7: because of some bad press surrounding, you know, someone who
- 55:08Speaker 7: left the office and was unhappy with the previous prosecutor's decisions. So,
- 55:12Speaker 7: you know, I would definitely try and mount the John
- 55:14Speaker 7: Edwards defense, definitely look into, you know, the prosecutor's conduct
- 55:19Speaker 7: and all of those things. And then I would take
- 55:21Speaker 7: a shower and I would have some difficulty sleeping.
- 55:25Speaker 2: I can imagine. Would you try to plead this out
- 55:28Speaker 2: as a misdemeanor? Would that be an option for Trump?
- 55:29Speaker 5: Yeah, that is.
- 55:31Speaker 7: But it is really hard to know exactly what the
- 55:35Speaker 7: state's posture is going to be. Our criminal legal system
- 55:38Speaker 7: is a system of pleas. 98% of cases end up
- 55:41Speaker 7: being resolved in plea deals. And in the federal system,
- 55:43Speaker 7: I think it's actually even higher than that. But there
- 55:46Speaker 7: are always going to be some cases that prosecutors think
- 55:49Speaker 7: they you know, need to go to trial or want
- 55:52Speaker 7: to go to trial. And this also might be a
- 55:54Speaker 7: case where, you know, the defendant, Trump, doesn't want to
- 55:59Speaker 7: plea because, you know, he's not necessarily always rational in
- 56:03Speaker 7: making decisions. But yeah, no, a plea to a misdemeanor,
- 56:08Speaker 7: if he is indeed charged with a felony, would be
- 56:10Speaker 7: a pretty standard and not that surprising way of resolving,
- 56:14Speaker 7: you know, a case like this one, at least outside
- 56:16Speaker 7: of these facts.
- 56:17Speaker 2: Well, Leah, I hope that someday in the near future,
- 56:20Speaker 2: Donald Trump is indicted so that this conversation will wear
- 56:22Speaker 2: well over the test of time. So thank you so
- 56:25Speaker 2: much for joining us. It is always great to talk
- 56:27Speaker 2: to you.
- 56:28Speaker 5: Thanks for having me.
- 56:34Speaker 1: Thanks so much to Leah Lippman. And don't forget to
- 56:36Speaker 1: follow us at Crooked Media on Instagram and TikTok, while
- 56:40Speaker 1: it's still around, and at Pod Save America on Twitter.
- 56:44Speaker 1: Subscribe to Pod Save America on YouTube for access to
- 56:46Speaker 1: full episodes and other exclusive content. And, you know, consider
- 56:51Speaker 1: dropping us a review if you're so inclined. Everyone have
- 56:55Speaker 1: a great weekend. We'll see you next week. Hopefully the
- 56:58Speaker 1: indictment fairy will come. Have a great weekend. Bye, everyone.
- 57:06Speaker 1: Pod Save America is a Crooked Media production. The executive
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