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>> CAN YOU EXPLAIN WHY THE
JUSTICE DEPARTMENT HAS DECIDED
TO TAKE OVER THE DEFENSE AND
THIS LIBEL CASE INVOLVING THE
PRESIDENT?
>> IT’S BEEN DONE FREQUENTLY.
IT’S BEEN DONE FOR PRESIDENTS.
IT’S BEEN DONE FOR CONGRESS MEN
THE NORMAL PROCESS WAS FOLLOWED
IN THIS CASE YOU ARE TALKING
ABOUT.
THERE ARE PARTICULAR CASES THAT
ARE RIGHT ON POINT.
AINSNSLEY: ATTORNEY GENERAL BILL
BARR STANDING BY HIS DEPARTMENT
OF JUSTICE’S MOVE TO DEFEND
PRESIDENT TRUMP IN A DEFAMATION
SUIT BROUGHT BY ADVICE COLUMNIST
E. JEAN CARROLL.
BRIAN: WHO TO REACT IS JUDGE
ANDREW NAPOLITANO.
JUDGE IS, THIS STANDARD?
>> IT’S NOT STANDARD, BRIAN, FOR
THE FEDERAL GOVERNMENT TO ASSUME
THE DEFENSE OF AN EMPLOYEE OF
THE FEDERAL GOVERNMENT WHO MAKES
A STATEMENT THAT IS UNRELATED TO
HIS OFFICIAL DUTIES.
IT IS STANDARD, PRESIDENT BUSH
WAS DEFENDED.
PRESIDENT OBAMA WAS DEFENDED AND
THE ATTORNEY GENERAL HAS A RIGHT
MEMBERS OF CONGRESS HAVE BEEN
DEFENDED WHEN THEY DO SOMETHING
OR SAY SOMETHING RELATED TO
THEIR OFFICIAL DUTIES AND THEY
ARE SUED FOR IT.
BUT THE PRESIDENT’S COMMENTS, I
DIDN’T RAPE HER BECAUSE SHE IS
NOT MY TYPE IS HARDLY RELATED TO
HIS OFFICIAL DUTIES.
SO THAT’S WHY IT’S AN IMPROPER
USE OF THE GOVERNMENT’S TOOLS TO
ENTER THE CASE.
NOW, WHEN THE GOVERNMENT ENTERS
THE CASE.
IT NOT ONLY PAYS FOR THE LAWYERS
TO DEFEND THE PRESIDENT, IT NOT
ONLY MOVES THE CASE TO THE STATE
COURT TO FEDERAL COURT.
BUT THE GOVERNMENT BECOMES THE
DEFENDANT.
PRESIDENT WOULD NO LONGER BEING
THE DEFENDANT.
WHEN THE GOVERNMENT IS THE
DEFENDANT.
THE CASE GOES AWAY.
BECAUSE THE CASE IS BASED ON
DEAFDEFAMATION AND THE FEDERAL
GOVERNMENT CANNOT BE SUED FOR
DEFAMATION.
THIS IS NOT ONLY A IMPROPER USE
OF THE TWO STATUTES HERE THE
WEST FALL ACT AND THE TORT
CLAIMS ACT, IT’S A VIOLATION OF
THE DUE PROCESS RIGHTS OF THE
PLAINTIFF.
STEVE: RIGHT.
JUDGE, LET’S TALK A LITTLE BIT
ABOUT SOMETHING WE HAVE BEEN
TALKING ABOUT FOR IT SEEMS LIKE
A VERY LONG TIME AND WE ARE
WONDERING WHEN IT’S GOING TO
FINALLY COME TO A HEAD OR AN
END.
AND THAT IS THE FACT THAT BILL
BARR SPOKE TO NBC.
THEY RAN PART OF THE INTERVIEW
YESTERDAY.
AND SAID THAT CRIMINAL CHARGES
MAY BE COMING SOON IN THE DURHAM
PROBE.
BUT WE HAVE HEARD, YOU KNOW, WE
HAVE KIND OF GOTTEN THAT
INCLINATION FOR A WHILE.
THE CLOSER YOU GET TO THE
ELECTION, IF THERE ARE GOING TO
BE ACCUSATIONS AND CHARGES, THE
MORE POLITICAL IT LOOKS SO,
WHAT’S IT LOOK LIKE TO YOU?
IS IT GOING TO COME OUT BEFORE
THE ELECTION?
IS IT GOING TO COME OUT AFTER
THE ELECTION?
ARE PEOPLE GOING TO GET IN BIG
TROUBLE?
JAIL?
STUFF LIKE THAT?
WHAT?
>> SO, THE DEPARTMENT OF JUSTICE
HAS A RULE NOT TO ISSUE AN
INDICTMENT WITHIN 60 DAYS OF AN
ELECTION IF THE INDICTMENT IS OF
A PUBLIC OFFICIAL OR IS LIKELY
TO AFFECT THE OUTCOME OF THE
ELECTION.
THIS RULE WAS TOSSED AROUND
QUITE A BIT IN.
STEVE: WE’RE INSIDE 60 DAYS.
>> WITHIN 60 DAYS.
YES WE ARE INSIDE 60 DAYS.
THEORETICALLY IF THEY FOLLOW
THAT RULE, STEVE, THEY WON’T
ISSUE ANY INDICTMENTS UNTIL
AFTER ELECTION DAY.
THIS RULE WAS TALKED ABOUT IN
2016 WHEN JIM COMEY INSERTED
HIMSELF IN THE ELECTION ABOUT
HILLARY CLINTON WITHIN 60 DAYS
OF THE ELECTION.
NOW, WHO ARE THEY GOING TO
INDICT?
WELL, THEY HAVE A COOPERATING
WITNESS WHO IS THE YOUNG LAWYER
WHO PLEADED GUILTY TO ALTERING A
DOCUMENT.
THERE IS NO WRITTEN PLEA
AGREEMENT.
BUT WE CAN ASSUME FROM HIS
GUILTY PLEA THAT HE IS THEIR
COOPERATING WITNESS WHO IS
GIVING THEM, THAT IS HE IS
GIVING THE PROSECUTORS A ROAD
MAP ABOUT WHO WAS INVOLVED IN
MISLEADING THE FISA COURT IN
ORDER TO TORMENT AND SURVEIL THE
TRUMP CAMPAIGN.
AINSLEY: DO YOU TRUST THIS ALL
THINGS WILL BE ABOVE BOARD IN
THIS?
>> IF THE INDICTMENTS ARE HELD
UNTIL AFTER ELECTION DAY, I DO.
THE U.S. ATTORNEY IN
CONNECTICUT, JOHN DURHAM, HAS AN
EXCELLENT REPUTATION FOR
INTELLECTUAL HONESTY AND
FIDELITY TO THE LAW.
THOSE OF YOU WAS IN THE LEGAL
COMMUNITY KNOW THAT AND I DON’T
KNOW ANYBODY THAT DISAGREES WITH
THAT.
IF HE HOLDS HIS FIRE UNTIL AFTER
ELECTION DAY.
WHATEVER IT IS.
WHETHER IT’S NO INDICTMENTS,
WHETHER IT’S AN INDICTMENT OF
SOME HIGH PROFILE PERSON IN THE
OBAMA ADMINISTRATION, IF HE
HOLDS HIS FIRE UNTIL AFTER
ELECTION DAY, HE WILL HAVE DONE
THE COUNTRY A SERVICE BY
PROSECUTING THE PEOPLE HE THINKS
HE SHOULD PROSECUTE IN A WAY
THAT DOES NOT EFFECT THE OUTCOME
OF THE ELECTION.
BRIAN: PETE WILLIAMS GAVE A REAL
GOOD THOROUGH INTERVIEW WITH THE
ATTORNEY GENERAL BARR WHO
OUTLINE EXACTLY WHAT HE THINK
WENT WRONG IN THE WHOLE PROBE.
IT’S DEFINITE WILLLY WORTH
READING OR LISTEN TOSMGHT THANK
YOU, JUDGE.
GREAT TO TALK TO YOU.
>> BRIAN, I WORE A WHITE SHIRT
FOR YOU.
BRIAN: THANK YOU VERY MUCH.