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    Trump Indicted Again, and Biden's Burisma Connection, with Victor Davis Hanson, Charles C.W. Cooke, Alan Dershowitz, Arthur Aidala, and Dave Aronberg | Ep. 569

    enJune 09, 2023

    Podcast Summary

    • Trump Indictment and Biden Allegations: Political Charges and Criminal JusticeFormer President Trump faces indictment for potential process crimes and Espionage Act violations related to classified documents. Biden allegations of corruption involving Ukraine payments raise concerns, with some accusing FBI of delaying document release.

      The news cycle is filled with significant developments, as former President Donald Trump faces new federal criminal charges related to classified documents at Mar-a-Lago, and allegations of corruption involving President Joe Biden and his son, Hunter, continue to unfold. Alan Dershowitz, a Harvard Law School professor and author, shares his perspective on the Trump indictment, predicting it would involve process crimes and the Espionage Act due to the politically charged nature of the case. He emphasizes the seriousness of a federal indictment and the potential danger of both sides weaponizing the criminal justice system. Meanwhile, the release of a document detailing alleged payments from Ukraine to the Bidens has moderate Republicans expressing concern and accusing the FBI of intentionally delaying its release. The intersection of these two stories raises questions about the role of the criminal justice system in American politics.

    • Trump's Florida Indictment: Advantageous Venue and JudgesTrump indicted in Florida over mishandled classified docs, advantageous venue, judges have prior dealings, charges include Espionage Act, false statements, conspiracy to obstruct justice, defense to challenge conspiracy charge, aide also indicted

      The ongoing legal proceedings against former President Donald Trump, regarding the mishandling of classified documents, are of significant interest due to the venue and the judges involved. Trump was indicted in Florida instead of DC, which is advantageous for him as it reduces the potential appearance of forum shopping. Two judges, Eileen Cannon and Bruce Reinhart, have been appointed to oversee the case, both having prior dealings with it. Charges include violations of the Espionage Act, false statements, and conspiracy to obstruct justice. The conspiracy charge is significant as it allows the admission of evidence that would not normally be admissible and can put pressure on witnesses to cooperate. The defense is expected to challenge the conspiracy charge and argue that moving boxes is not an obstruction of justice. Additionally, an aide to Trump, Walt Nauta, has also been indicted in connection to the case.

    • Trump under investigation for potentially obstructing justice over classified documentsTrump is under investigation for moving classified documents to his private office after receiving a formal subpoena, with the government believing he did not fully comply. The defense may argue that Trump declassified the documents and had a right to keep them, but intent to obstruct justice must be proven.

      Former President Trump is under investigation for potentially obstructing justice regarding the handling of classified documents. Trump initially complied with a subpoena but later moved some documents to his private office after receiving a formal subpoena. The government believes Trump did not fully comply and found more classified documents during a raid on Mar-a-Lago. Trump's team may argue that he declassified the documents and had a right to keep them. Comparisons to Hillary Clinton's email controversy are expected. The defense could argue that Trump's actions were not obstruction because he was not in violation of the subpoena when he moved the documents. However, the intent to obstruct justice would need to be proven beyond a reasonable doubt. The exact allegations against Trump will be detailed in the indictment and a bill of particulars. The debate will center around the differences between Trump and Clinton's cases and whether the former president's actions were similar to Clinton's.

    • Trump investigation: Allegations of mishandling classified info on Iran attackTrump under investigation for mishandling classified info on Iran attack, potentially violating Espionage Act's subsection d, not grossly negligent f.

      The ongoing investigation into former President Donald Trump involves allegations of mishandling classified information, specifically regarding a conversation about a potential attack on Iran. The discussion, captured on an audio recording, reportedly shows Trump denying declassifying certain documents and expressing concern over their confidential nature. The document in question, presented to Trump at a book meeting, is said to have been discussed with Milley and the Pentagon. The investigation includes a charge of conspiracy to obstruct justice, but the most intriguing charge is the espionage charge, which reportedly targets Trump under subsection d of the Espionage Act, rather than subsection f, which deals with grossly negligent behavior. The significance of this distinction remains unclear, but it may indicate a political motivation behind the charges. The investigation is ongoing, and the evidence, including the authenticity of the document, remains to be fully evaluated.

    • Prosecutors charge Trump with willful mishandling of documentsProsecutors charged Trump with willful mishandling of documents, a more serious offense than gross negligence, to politically strengthen the case against him. The decision to charge willfulness sets Trump apart from other political figures but makes the case harder to prove.

      The charging of former President Trump under the subsection of willful mishandling of documents related to national defense, instead of grossly negligent handling, is a strategic move by the prosecutors. This distinction, according to the experts, is an attempt to make the case politically stronger, even though it makes it harder to prove. The decision to charge willfulness is seen as an attempt to distinguish Trump's behavior from that of other political figures, including Joe Biden and Hillary Clinton. However, the timing of the indictment and the role of Attorney General Merrick Garland in the process are also points of contention, with some arguing that the indictment is politically motivated. Ultimately, the outcome of the case will depend on the evidence presented and the jury's decision.

    • Selective prosecution in Trump investigationDespite concerns of selective prosecution, Trump's alleged actions of withholding and hiding classified documents are serious and warrant charges.

      The discussion revolves around the ongoing investigations into former President Donald Trump regarding classified documents and potential indictments. The speaker expresses her perspective that selective prosecution occurs in the justice system, and Trump's situation is no exception. She compares the situation to other instances where similar actions went unpunished, and argues that Trump's alleged actions of not returning classified documents and attempting to hide them are serious and warrant charges. The conversation also touches upon the role of Evan Corcoran, Trump's lawyer, and his actions during the document production process. The speaker believes that the charges against Trump are appropriate as he is alleged to have knowingly withheld and hidden classified documents.

    • Trump and Nada's handling of documents raises concernsDespite Trump's claims of declassification, the FBI discovered missing documents and some still in his personal office, creating potential reasonable doubt for any indictment.

      The handling of documents by Donald Trump and his associates, including Walt Nada, has raised serious concerns. Trump reportedly asked Nada to move documents, some of which were later found to be missing from the production to the FBI. Although Trump claimed he had declassified all documents, the FBI discovered more documents than had been produced, some even in Trump's personal office. Prosecutors are cautious about bringing cases with potential defenses, and Trump's belief in his power to declassify documents could create reasonable doubt for a jury. The FBI's discovery of Trump on tape discussing the documents' non-declassified status while still withholding them further undermines this defense. However, opinions on the indictment's validity depend on the contents of the documents and their potential impact on national security. Some argue that Trump might have kept them as personal mementos or as insurance against perceived government adversaries. Regardless, it's crucial to remember that the investigation is ongoing, and more information may come to light.

    • Legal distinction between unauthorized and lawful possession of classified documentsThe Trump investigation centers on whether he unauthorizedly retained classified documents or had lawful possession but failed to return them on demand, with the latter falling under section d of the Espionage Act and the former under section e.

      The ongoing investigation into former President Trump's handling of classified documents hinges on the legal distinction between unauthorized and lawful possession. While Trump's team argues that he lawfully had the documents as a former president, the prosecution alleges that he unauthorizedly retained them and failed to return them on demand. The difference lies in sections d and e of the Espionage Act. Under section d, one must have lawful possession but willfully failed to return documents on demand. Section e, on the other hand, requires that someone has unauthorized possession and willfully retains the documents without delivering them to the proper authorities. The affidavit supporting the search warrant at Mar-a-Lago specifically cited section e, indicating that the investigation has always focused on this aspect. If the case proceeds under section e, it might be a more challenging argument for Trump as it does not require a demand to return the documents. Ultimately, the prosecution's case will rest on the argument that Trump had an obligation to return the documents once asked, regardless of whether he had unauthorized or lawful possession.

    • Significant development: Trump indicted by DOJTrump faces potential prison time, but favorable judge and DOJ record may help. Implications for a sitting president's indictment uncertain.

      The indictment of former President Trump by the Justice Department is a significant development with potential serious consequences, as he could face up to 10 years in prison for the alleged crimes. However, the specific jurisdiction of the case, the appointment of a favorable judge, and the historical record of the Department of Justice not losing such cases, may work in Trump's favor. Despite this, the potential implications for a sitting president being indicted are unprecedented, and the outcome remains uncertain. The discussion also highlighted the differences between state and federal court proceedings and the potential implications for Trump's legal team in the case.

    • Political implications of Trump indictmentThe indictment of Trump could influence the 2024 elections, with some seeing it as an attempt to take him out of the race, while others believe it could boost his poll numbers or prevent him from running again. The timing and sequence of the investigations have raised concerns about a premeditated plan.

      The indictment of Donald Trump has significant political implications, with some arguing it's an attempt to interfere in the upcoming elections. The timing and sequence of these investigations against the leading Republican contender for 2024 have raised concerns about a premeditated plan to take him out of the race. Some believe this could boost Trump's poll numbers, while others think it could prevent him from running for office again. A revealing discussion on MSNBC hinted at the possibility of a plea deal that might include Trump giving up his presidential bid. These allegations have sparked intense debates, with Trump's supporters seeing it as an attack on a potential nominee, and his detractors insisting that no one is above the law. The unusual nature of these circumstances has left many questioning the motivations behind these investigations.

    • Political Parties and the Justice SystemThe ongoing investigation into Biden and Trump's handling of classified documents has led to concerns of politicization and hypocrisy, fueling distrust and anger among the public, and highlighting the importance of evidence-based actions and non-political motivations in the justice system.

      The ongoing investigation into the handling of classified documents by President Joe Biden and former President Donald Trump has raised concerns about the politicization of the justice system and the potential for a deeply divided nation. Some argue that the major political parties are acting hypocritically, with one side seemingly turning a blind eye to wrongdoing when it serves their interests, while the other side demands accountability. This situation has led to a growing sense of distrust and anger among the American public, who fear that the country's democratic institutions are being undermined. The stakes are high, as the credibility of the justice system and the unity of the nation hang in the balance. It is crucial that any actions taken are based on clear evidence of wrongdoing and are not driven by political motivations.

    • Navigating the Dilemma of Political EndorsementsCandidates like DeSantis are navigating the challenge of addressing political issues without directly criticizing or endorsing figures to avoid negative backlash or appearing complacent.

      The ongoing investigations into political figures, such as former President Trump and President Biden, have created a dilemma for political candidates. Mentioning Trump by name and endorsing him could lead to negative backlash, while remaining silent on the issue might imply complacency. For candidates like DeSantis, providing specific remedies to address the issues without directly criticizing or endorsing any figure seems to be the best approach. The double standard in how political figures are treated based on their party affiliation and the lack of accountability for certain actions has fueled public anger and concerns about the state of American democracy. The recent tweet by Hillary Clinton, who has faced her own legal issues, further highlights this issue and adds to the public's frustration. The situation underscores the importance of transparency, accountability, and addressing the root causes of public discontent, rather than engaging in partisan attacks or ignoring the issues altogether.

    • FBI document details Biden family's alleged Ukrainian dealingsThe House Oversight Committee is investigating allegations that the Biden family received millions from Ukraine while Joe Biden was VP, with an FBI document detailing potential bribery and influence peddling. Despite the document not being classified, the FBI was hesitant to release it, indicating serious concerns.

      There is an ongoing investigation by the House Oversight Committee regarding allegations that Joe and Hunter Biden received millions of dollars from Ukraine while Joe Biden was vice president, in exchange for Joe Biden's interference in Ukrainian affairs. The FBI has a document from a trusted source detailing these allegations, but the committee has had difficulty obtaining it from the FBI. When they finally did, the reports from those who have seen it are alarming, with claims of bribery and influence peddling. The Biden administration has dismissed these allegations, but the committee is continuing to investigate and has subpoenaed banks for records related to the case. The document itself was not classified, yet the FBI was reluctant to release it, suggesting a high level of concern over its contents.

    • Allegations of financial irregularities involving Biden and son HunterAllegations of financial irregularities against President Biden and his son Hunter include tax evasion and other financial crimes. An informant with a proven track record has provided evidence to the FBI, and Hunter Biden faces IRS exposure for unreported income. Concerns also exist about FBI's handling of election-related information.

      There have been allegations of financial irregularities involving Joe Biden and his son Hunter, which have led some to believe that there may be evidence of tax evasion or other financial crimes. An informant with a proven track record has provided information to the FBI, and Hunter Biden is currently facing IRS exposure due to unreported income. Additionally, there have been concerns about the FBI's interference in elections, specifically regarding their handling of information related to Hunter Biden during the 2016, 2020, and potential 2024 elections. These allegations, if proven true, could have serious implications for the Biden administration and the FBI. It's important to note that these are allegations and not proven facts, and further investigation is needed to determine the truth. However, the consistency of these allegations and the involvement of trusted informants and government officials warrants attention and transparency.

    • Political motivations behind criminal investigations against TrumpConcerns about politicization of law enforcement and criminal justice system, double standards in prosecuting political figures, and calls for accountability for those who violate laws and lie under oath to Congress.

      There are growing concerns about perceived political motivations behind the criminal investigations and indictments against former President Donald Trump. Many believe that these investigations are part of a larger effort to undermine the Republican Party and the Republican candidate in the upcoming elections. The discussion also touched upon the potential double standards in prosecuting political figures, as compared to how similar cases were handled in the past. The indictment of Trump on charges related to the handling of classified documents was compared to the handling of the Hillary Clinton email scandal. Critics argue that while both cases involved the mishandling of classified information, only Trump is facing criminal charges. The sentiment expressed was that the American people are tired of the politicization of law enforcement and the criminal justice system. The call for accountability for those who violate the uniform code of military justice and for FBI and CIA officials who lie under oath to Congress was a recurring theme.

    • Concerns over fairness and consistency in law applicationThe lack of clear distinction between illegal actions and those subject to prosecutorial discretion, along with perceived double standards, fuels public skepticism and undermines the legal system's stability.

      The ongoing legal proceedings against Donald Trump raise concerns about the fairness and consistency of the application of the law. The lack of clear distinction between what is illegal and what is subject to prosecutorial discretion, coupled with the intense scrutiny on Trump while similar investigations against others are ignored, fuels public skepticism and undermines the stability of the legal system. While Trump's specific cases may have differences, the broader issue is the perceived double standard in prosecutorial discretion. The standard set by past decisions, such as the handling of Hillary Clinton's email investigation, should be consistently applied to ensure the rule of law remains unbiased and upheld.

    • Investigations into Biden and TrumpBoth Biden and Trump face ongoing investigations for potential wrongdoing. Trump's investigation involves mishandling of classified documents, while Biden's may include quid pro quo arrangements and could take years to uncover. These investigations add to political instability and raise concerns about system integrity.

      There are ongoing investigations into both President Joe Biden and former President Donald Trump, with allegations of potential wrongdoing. While Trump is under investigation for the mishandling of classified documents, Biden is under investigation for his dealings in Ukraine and China during his time as Vice President. The seriousness of these investigations is heightened by the fact that they involve sitting and former presidents. The Biden investigation, as outlined by an FBI informant, involves potential quid pro quo arrangements and could take years to fully uncover. If these allegations are true, they could potentially be more damaging than the Trump investigation, as they involve a sitting president and potential breaches of trust and national security. The ongoing nature of these investigations adds to the political instability and raises concerns about the integrity of the political system.

    • The Legal Situation of Trump's Handling of Classified Docs and its Impact on GOP PrimaryThe ongoing legal situation surrounding Trump's handling of classified docs has become a significant issue in the GOP primary, with some candidates criticizing inconsistent prosecutorial discretion and the potential risks to national security.

      The ongoing legal situation surrounding Donald Trump's handling of classified documents has become a significant issue in the Republican primary race. Candidates like DeSantis and Christie have criticized the inconsistent application of prosecutorial discretion between Trump and past Democratic figures. Trump currently holds a commanding lead in the polls, but some, including the speaker, hope that the GOP will ultimately choose a nominee other than Trump. The recent 38-count indictment against Trump includes charges related to willful retention of national defense information, conspiracy to obstruct justice, and false statements, among others. The potential risks to national security from the unauthorized disclosure of these documents are serious. The impact of this situation on the primary race remains to be seen.

    • Allegations against Trump for inappropriately handling classified documentsTrump is accused of storing and showing classified documents without proper authorization, potentially misleading about their existence, and praising those who deleted sensitive information, which could violate the law and raise questions about his suitability for handling sensitive information

      Former President Trump is accused of storing and handling classified documents inappropriately, as depicted in the Mar-a-Lago indictment. These documents were reportedly kept on the ballroom stage, and Trump allegedly showed them to others without proper authorization on two occasions. The indictment also includes Trump's reported suggestion to his lawyers to mislead about the existence of these documents and his praise for those who deleted Hillary Clinton's emails. These allegations, if true, could raise concerns about Trump's suitability for handling sensitive information and potentially violating the law. The criminal implications are complex, but the broader issue is that such behavior is not consistent with the responsibilities of the presidency. Recalling Hillary Clinton's handling of emails in 2015, the disregard for security protocols and potential disregard for the law raises significant questions about the individuals entrusted with the highest office in the United States.

    • Trump's handling of classified documents under investigationAllegations of Trump mishandling classified documents raise concerns, potentially impacting his political future

      The ongoing investigation into former President Donald Trump's handling of classified documents raises concerns about his behavior and potential disregard for protocol, even if the legal implications are still unclear. The discovery of classified documents at Mar-a-Lago, despite Trump's previous claims that all necessary materials had been handed over, has led to renewed scrutiny and debate about the proper procedures for handling sensitive information. While some may dismiss these allegations as politically motivated, others believe they are significant and could impact Trump's standing within the Republican Party. Ultimately, the outcome of this situation may depend on how voters perceive Trump's actions and whether they view him as a viable candidate in the 2024 election.

    • Impact of Trump indictment on Republican primary raceDespite the Trump indictment, the primary race focus is on electability and leadership, with poll numbers steady or potentially boosted for Trump, and other candidates avoiding direct discussion.

      The recent indictment of Donald Trump is not likely to significantly impact the Republican primary race, as many voters, especially independent ones, have already formed opinions about his electability based on his past controversies. The debates may bring up the issue, but the main focus will be on who the voters believe is the strongest candidate to lead them. The indictment may keep Trump's poll numbers steady or even boost them, as some voters may see it as political persecution. However, the average voter is not closely following the news, and the other candidates will avoid directly addressing the issue, instead criticizing the DOJ and Biden. The outcome of the primary will depend on various factors, including the allegations, the proof, and the legal process in the jurisdiction. The stakes are high, and understanding the facts and context is crucial for making informed decisions. The Megyn Kelly Show will continue to provide factual information on various intriguing topics, including Jared the Subway Guy, the missing plane MH370, and cults. Stay tuned for more.

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    Megyn Kelly is joined by Howard Blum, author of "When the Night Comes Falling," to discuss new details about Idaho murders suspect Bryan Kohberger's conversations with his father on their cross-country road trip after the massacre, how his father may have suspected his son's involvement, new details about his behavior at Washington State University, whether Bryan Kohberger was casing the Idaho murder victims' house or having an internal conflict about it, Blum's reporting about who the target of the attack really was, the possibility Kohberger had seen the victim before, what the surviving roommate of the Idaho college murders Dylan Mortensen saw and texted with her other roommate at the time, theories on why she didn't call the police right away, Kohberger's older sister's suspicions of him, and more. Then Erick Erickson, author of "You Shall Be as Gods," joins to discuss how Biden and Trump are preparing for the important first debate on Thursday, whether Trump will be able to keep his composure, Trump's success in previous debate, the importance of creating a moment the audience will remember, CNN host Kasie Hunt cutting the mic of a Trump spokesperson who mildly criticized her colleagues, why debate moderators are subject to criticism, the left's instincts to silence those they disagree with, the lack of spirituality and faith in America and around the world, turning to government over religion, how to reverse the negative trends, and more.

     

    Blum- https://www.harpercollins.com/products/when-the-night-comes-falling-howard-blum?variant=41292317949986

    Erickson- https://erickerickson.com/

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    The Megyn Kelly Show
    enJune 25, 2024

    Trump Picks His VP, and Jack Smith's Election Interference, with Victor Davis Hanson and Jonathan Turley | Ep. 819

    Trump Picks His VP, and Jack Smith's Election Interference, with Victor Davis Hanson and Jonathan Turley | Ep. 819

    Megyn Kelly is joined by Victor Davis Hanson, author of "The End of Everything,” to discuss the major stakes in Thursday's debate between Trump and Biden, what is on the line for both candidates, how Trump should handle the moment, the latest on the 2024 polling, black voters still supporting Trump in record numbers, Trump saying he's made his VP pick already but not revealing who it is, why J.D. Vance is a frontrunner despite his previous criticisms of Trump, the positives Marco Rubio and Doug Burgum could bring to the ticket, the surge of violent crimes against young girls by illegal immigrants, the left and media playing down the severity of the crisis and MSNBC laughing about one of the cases, one MSNBC host refusing to use the term "illegal" to describe a criminal, and more. Then Jonathan Turley, author of "The Indispensable Right," joins to discuss Jack Smith pushing to put a gag order on Trump in the Florida case, the way a gag order of Trump is akin to election interference, the unconstitutionality of gag orders in the first place, the absurdity of the New York business records trial, the ongoing attacks on the Florida Trump case Judge Aileen Cannon, whether Jack Smith could get booted from the case, how the attacks on free speech relate to January 6, a newly revealed video showing Nancy Pelosi admitting responsibility for the January 6 riot, whether the video was suppressed for so long, the attacks on free speech in America, and more.

    Hanson-https://www.amazon.com/End-Everything-Wars-Descend-Annihilation/dp/1541673522

    Turley-https://www.simonandschuster.com/books/The-Indispensable-Right/Jonathan-Turley/9781668047040

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    The Megyn Kelly Show
    enJune 24, 2024

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