PODCASTS .COM. HELLO EVERYONE.
THIS IS OUTNUMBERED. I’M EMILY
CAMPANO HERE
McENANY AND HARRIS FAULKNER.
AND ALSO JOINING US TODAY FORMER
STATES PERSON GUY GUY. NOW WE
BEGIN, WITH NEW QUESTIONS ABOUT
THE CASE AGAINST FORMER
PRESIDENT DONALD TRUMP. WHICH A
NUMBER OF LEGAL ANALYSTS ARE
CALLING WEAK AND OVER REACH. THE
FORMER PRESIDENT APPEARED IN A
MANHATTAN COURTHOUSE YESTERDAY
PLEADING NOT GUILTY TO 34 FELONY
COUNTS OF FALSIFYING BUSINESS
RECORDS THAT IS TYPICALLY A
MISDEMEANOR. ALVIN BRAGG’S
STRATEGY FOR ELEVATING THOSE
CHARGES APPEARS TO BE A STRETCH
LEGALLY AND THE CASE MAY NOT
MAKE IT TO A FULL TRIAL, EVEN
THE LIBERAL MEDIA ARE SERIOUSLY
QUESTIONING THE STRENGTH OF THIS
CASE.
>> WATCH.
>> IF I HAD TO CHARACTERIZE IT
IT’S DISAPPOINTMENT. IN TERMS OF
A CASE THIS BEING BROUGHT
AGAINST A FORMER PRESIDENT, IT’S
A LITTLE UNDERWHELMING. THERE IS
NOT MORE TO IT.
>> THIS IS EVEN WEAKER THAN I
FEARED IT WOULD BE. AND I THINK
IT’S EASILY SUBJECT BEING
DISMISSED OR A QUICK ACQUITTAL
TO TRUMP.
>> THE FACT THE IN THE LAW, WHAT
IS THE CRIME THAT PROSECUTORS
ARE ALLEGING ESCALATED THIS FROM
A MISDEMEANOR TO A FELONY?
>> IF THIS IS THE ONLY PEBBLE
THAT GETS THROWN AT DONALD
TRUMP, IT’S A VERY SMALL PEBBLE.
AND I DO THINK IT COULD -- THE
BACKLASH AGAINST THIS PEBBLE
MIGHT COW OTHER PEOPLE WHO MIGHT
OTHERWISE HAVE BEEN COURAGEOUS
ENOUGH TO STEP FORWARD.
>> KATIE, THE DISTRICT ATTORNEY
FAILED TO ARTICULATE, LET ALONE
ARTICULATE IN GENERAL WHAT THAT
SECOND CRIME IS OR EVEN COULD
BE. AS AN HE HAD EARL BOARD,
AFTER DRAGGING THE COUNTRY
THROUGH FIRST INDICTMENT OF A
U.S. PRESIDENT, MR. BRAGG OWES A
BETTER EXPLANATION, HIS UNCLEAR
AND EVASIVE REPLY ON TUESDAY
ISN’T HELPING HIS CAUSE AND THE
COUNTRY SHOULDN’T HAVE TO WAIT
FOR MONTHS TO FIND THE ANSWER.
THE INDICTMENT IS NOT SUPPOSED
TO BE INDUSTRY, IT’S SUPPOSED TO
BE THE ARTICULATION SO THE
DEFENDANT IS ON NOTICE SO HE OR
SHE CAN DEFEND THEMSELVES AND
HEAR THE DISTRICT ATTORNEY
FAILED UTTERLY.
>> AND THE PRESS ASKED HIM
YESTERDAY WHAT IS THE UNDERLYING
CRIME. HE SAID I DON’T NEED ONE.
YOU DO NEED ONE, FIRST OF ALL.
THEN A REPORTER PRESSED HIM, I
THOUGHT THIS WAS A FANTASTIC
QUESTION, IF THERE IS A
UNDERLYING CRIME WHY DIDN’T YOU
PROSECUTE THE UNDERLYING CRIME.
WE TALK ABOUT UNLIKELY ALLIES,
JEB BUSH, MITT ROMNEY CAME OUT
SAYING THIS IS A FLIMSY CASE.
MORE UNLIKELY IS THE PRESS. I
MEAN, THESE REMARKS THAT ARE
REMARKABLY LUCID AND CANDID.
THIS IS THE SLOPPIEST STATEMENT
OF FACT, AN ABC REPORTER. CBS,
LEGAL EXPORTS SAY TRUMP FELONY
CHARGES WILL BE DIFFICULT TO
PROVE. WASHINGTON POST RUTH
MARCUS, DISTURBINGLY
UNILLUMINATING. HE FOUND AN
UNLIKELY DEFENDER IN THE PRESS.
SO, MY ADVICE TO PRESIDENT TRUMP
WOULD BE LET THE MEDIA DEFEND
YOU ON THIS BECAUSE THEY ARE
DOING IT EVEN ON CNN. FOCUS ON
2024. THE ISSUES FOR THE
AMERICAN PEOPLE REALLY IMPORTANT
RIGHT NOW THERE. IS A YEARNING
TO HEAR ABOUT A LOT OF THESE
ISSUES. AND THEN FINALLY I WOULD
JUST SAY THIS. INTERESTING THREE
LINES FROM A FORMER ARTICLE FROM
THE ASSOCIATED PRESS. HILLARY
CLINTON’S 2016 PRESIDENTIAL
CAMPAIGN AND THE DNC HAVE AGREED
TO PAY $113,000 TO SETTLE --
WAIT FOR IT. A FEDERAL ELECTION
COMMISSION INVESTIGATION WHETHER
THEY VIOLATED CAMPAIGN FINANCE
LAWS SPENDING ON RESEARCH THAT
BECAME THE INFAMOUS STEELE
DOSSIER.
>> THIS ISN’T A CAMPAIGN
EXPENDITURE I THINK TO YOUR
POINT ABOUT THE ARTICULATION AS
WELL THE SUBSTANCE UPON WHICH WE
ASSUME THINGS ARE RESTING THIS
CASE ON A CONVICTED LIAR AND THE
NOTION THAT ONE POTENTIAL REASON
FOR SOMETHING WILL HOLD UP IN A
COURT OF LAW AS THE ONLY
JUSTIFIABLE REASON FOR
SOMETHING. AND I WANT TO COME TO
YOU ON THE POLITICS. THE WSJ
TEAM, THE NEXT COURT APPEARANCE
IS POTENTIALLY IN DECEMBER WHICH
IS ONLY A MONTH OR TWO BEFORE
THE IOWA CAUCUS. WHAT TIMING.
SO, HE IS BEING INDICTED FOR
BEHAVIOR THAT HAPPENED IN 2016,
FEDERAL PROSECUTORS, DECLINED TO PROSECUTE AND LET IT DROP 7
PROSECUTE AND LET IT DROP 7
YEARS LATER. IN A CASE THAT
COULD FINALLY COME TO A
RESOLUTION RIGHT IN THE MIDDLE
OF THE 2024 PRIMARIES.
>> YEAH, AND SO THAT SCREAMS
POLITICIZATION OF THE REPUBLICAN
PRIMARY PROCESS. YOU KNOW, I
TALKED ABOUT THIS THIS MORNING.
AT THE STATE DEPARTMENT, IF WE
SAW ANOTHER COUNTRY, WE
CONDEMNED THIS BEHAVIOR IN
RUSSIA, BURMA, VENEZUELA, OTHER
PLACES. WE SAW A SITTING
PRESIDENT AN THE OPPOSITION
ARREST -- THE PARTY IN POWER, IF
WE SAW THE PARTY IN POWER ARREST
THE MAIN OPPOSITION CANDIDATE ON
TRUMPED UPCHARGES, WHICH AS
KAYLEIGH JUST POINTED OUT HAS
BEEN BROUGHT UP AGAINST THE
POLITICAL SPECTRUM, WE WOULD
CONDEMN THAT BEHAVIOR, WE WOULD
SANCTION COUNTRIES WHO DID THAT.
WHAT IS THIS, PEEL BACK THE
ONION, WHAT IS THIS LEADING TO?
THE POLITICIZATION OF EVERY IN
TUCKS OF AMERICA SINCE 2015,
SINCE TRUMP ANNOUNCED. ALL THE
THINGS THAT USED TO BE
SACRIFICED IN OUR GOVERNMENT,
THE INTELLIGENCE COMMUNITY,
RIGHT? THE MILITARY. WE’VE SEEN
THE POLITICIZATION OF THE
MILITARY AND THE RECRUITMENT AND
RETENTION NUMBERS FALLING
BECAUSE OF IT. THE INDEPENDENT
RULE OF LAW POLITICIZED AS WELL.
TO BE ABLE TO TALK ABOUT THE
INDEPENDENT RULE OF LAW AND
DEMOCRACY ABROAD.
>> THAT’S A GREAT POINT, GUY,
THAT POLITICIZATION, IT EXTENDS
TO THE PROSECUTION’S
APPRECIATION OF THE FORMER
PRESIDENT’S FIRST AMENDMENT
RIGHT. WHAT IS STRIKING IS THE
LENGTH, THE PIT BULLNESS THEY
WENT TO ESTABLISH A GAG ORDER, A
GAG ORDER AGAINST A SITTING
CANDIDATE FOR THE PRESIDENCY,
BUT INTERESTINGLY, YOU KNOW,
WHEN THEY DEFENDED IT BY SAYING
THERE MIGHT BE POTENTIAL FOR
CALLS FOR POLITICAL VIOLENCE,
WHEN IS THAT UNDER THE PURVIEW
OF LOCAL PROSECUTORS?
>> NO ONE SHOULD BE CALLING FOR
VIOLENCE, OBVIOUSLY. WHAT A
LUDICROUS THING FOR THIS
DISTRICT ATTORNEY AND
PROSECUTORS, NOT ONLY HAVE THEY
PUT THIS SHOCKINGLY FLIMSY CASE
IN AN UNPRECEDENTED WAY, EVEN
DETRACTORS, NORMAL DETRACTORS
ARE DEFENDING HIM ON THIS. THEN
THEY WANT TO GO OUT WITH HIM
BEING A DECLARED CANDIDATE FOR
THE OFFICE AGAIN AND TELL HIM HE
CAN’T DEFEND HIMSELF IN PUBLIC,
ARE YOU KIDDING? WE LIKE A
TRIAL AT THE BEGINNING OF THE
PRIMARY PROCESS NEXT YEAR. GIVE
ME A BREAK. I MEAN, IT’S
ABSOLUTELY GRAY ZEA THAT THEY
TRIED THIS. THE JUDGE
FORTUNATELY SAID NO TO THEM ON
THAT POINT. LOOK I THINK IF YOU
LOOK AT THE FACT PATTERN HERE,
SOME OF THE FRUSTRATION,
KAYLEIGH THAT YOU MENTIONED,
SOME OF THESE PEOPLE CALLING AS
THEY SEE IT AND BEING HONEST.
SOME OF IT IS FRUSTRATION, THEY
MIGHT BE LOOKING DOWN THE PIKE
AT OTHER INDICTMENTS AGAINST
DONALD TRUMP, HANG ON, THOSE
COULD BE STRONGER WHY IS OUR
SIDE, BECAUSE MOST OF THEM ARE
ON THE LEFT, LEADING WITH THIS
NONSENSE? I THINK THEY MIGHT BE
SORT OF ANGRY ABOUT THAT,
FRANKLY. AND TRYING TO DOWNPLAY
THIS ONE WITH THE HOPE THAT
MAYBE THE NEXT ONE COULD GET
’EM. IT’S AN INTERESTING DYNAMIC
CERTAINLY TO WATCH. RUTH MARCUS
DEFENDING TRUMP IS A WEIRD DAY.
>> NEVER THOUGHT I WOULD SEE IT.
>> HERE WE ARE.
>> WHAT I PICK UP WITH WHAT YOU
ARE SAYING IS RIGHT WHERE TRUMP
WENT FROM MAR-A-LAGO LAST NIGHT AND THAT IS, YOU KNOW, HE DIDN’T
AND THAT IS, YOU KNOW, HE DIDN’T
CALL IT A WHIFP WHEN WE SEGAL AL
BRAGG, HE IS DODGING AND
WEAVING.
>> THEY WERE TERRIBLE.
>> HE KEPT TALKING. SO, I MEAN
IT WAS JUST LIKE -- IT WAS LIKE
NOTHING COMING OUT OF HIS MOUTH.
WHEN YOU SEE THAT, TRUMP DIDN’T
STOP THERE. DIDN’T PICK UP
THERE. WHERE HE WENT WAS, BUT
THEY’LL STILL BECOMING FOR ME SO
LET ME TELL YOU WHAT’S COMING
DOWN THE PIKE. I ALWAYS FIND IT
INTERESTING AND CITY FOR LAST
NIGHT, SOMEBODY TO LAY OUT A
CASE BEFORE YOU HOW YOUR
ENERGIES ARE COMING TO GET YOU,
TO LAY OUT OTHER CASES, THEY ARE COMING, HERE ARE THE HOLES IN
COMING, HERE ARE THE HOLES IN
THE NEXT ONE. THAT’S THAT TELEGR
THERE IS A DATE IN AUGUST, THEY
WANT TO PUSH THIS TO
DECEMBER 4th. MAYBE IT WON’T
EVER HAPPEN. MAYBE WE WON’T EVER
GET TO TRIAL, COURT, OR ANYWHERE
ELSE IN THIS CASE. WHAT WE DO
KNOW IS HE IS PLAYING THE ROLE
OF SOMEONE WHO WANTS TO OF SO
THE PROBLEMS OF THE COUNTRY. HE
TALKED ABOUT THAT. HE MENTIONED
THE THINGS THAT AMERICANS ARE
GOING THROUGH. AT THE SAME TIME
DON’T THINK THAT THEY ARE NOT
GOING TO COME GET ME. AGAIN AND
AGAIN AND AGAIN AS THEY ALWAYS
DO, AS THEY DID TODAY BECAUSE
I’M TRYING TO SAVE THE COUNTRY.
IT WAS INTERESTING. IT WAS
SHORT, HE READ THE PROMPTER, HE
LEFT.
>> FROM A POLITICAL MESSAGING
STANDPOINT THOUGH, LOOKING AT
WHAT MIGHT BE ON THE HORIZON
LEGALLY FOR HIM, IT’S HELPFUL TO
HIM THIS ONE WENT FIRST. THIS