Transcribe your podcast
[00:00:00]

John, you are also a great detail-oriented person, a former Deputy Assistant Attorney General, UC Berkeley law professor, former Justice Thomas law clerk. He's got the resume. But, John, if you don't mind my switching gears, the backdrop in light of the President's speech is what the guy wants to replace him is facing and might get from the Supreme Court of the United States, a reprieve on these actions on the part of at least Colorado to take him off the state ballot. Maybe that will extend to Maine, maybe that will extend to a dozen or so other states contemplating the same thing. Where do you think that's going?

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You may have covered Valley Forge, but I grew up 15 minutes from there, and I know that there were no cheesecakes there until the Italians showed up 100 years after George Washington.

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It's a detail. It was there. It's a detail, but you're right about that. Go ahead.

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There's a big difference, I think, between what Joe Biden just said in his speech, accusing Trump of being an insurrectionist, accusing his of trying to destroy democracy, and then the legal positions he's taking. He's not charged any of the January sixth protesters with insurrection. His Special Counsel and Justice Department haven't charged Donald Trump with insurrection. Meanwhile, at the same time, his party, and this goes to your point and goes to the President's invocation of democracy, his party in states like Colorado and Maine and other states have been trying to take Donald Trump off the ballot. That doesn't seem quite consistent with democratic principles, with the idea of letting the people decide. So I would say, actually, I'm sorry, the Biden administration could actually, I don't think they would do this, but if they believe what the President just said, they should go to the Supreme Court, too, and say, Overturn the Colorado decision. Let Donald Trump go on the ballot. Let democracy work. Let the people decide at the ballot box what they think about Donald Trump on January sixth.

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It's interesting because these states that are contemplating such moves are trying to jump that. I'm just wondering, though, if there is a conviction on any of the 90 some odd counts that the President is facing through a myriad of cases, some of which could pop up before the election, I don't know where you stand on that. Does that change this? In other words, a state that makes that move, does that change it?

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I think so, Neil, in the sense that, according to the polling, some people's views of support of President Trump seems to change if he's convicted of a felony. The important thing, though, is that there's two kinds of criminal cases going on out there. There's the federal ones brought by the Special Council in Washington, DC under Jack Smith. And then there are the other cases, the one that you've been covering in Manhattan by Alan Bragg, which doesn't involve Donald Trump in the presidency at all, and then the one in Georgia. I don't know if those will go forward in time for the election. So it's It's really up to the Justice Department run by President Biden, whether these criminal cases are going to go forward fast enough, where they're going to try to rush it faster than normal procedures would allow to try to get a verdict before November, which would, I think, have some effect. It's got to have some impact on the election.

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I know you're a great lawyer, but so I'd like to tap that part of your brain, if you'll indulge me. The President's speech today to harken back to something that we think has been adjudicated, at least in the eyes of the American public and the appeachment hearings and all the rest. Still unresolved cases, what, six, seven, eight of them. Does this have the power to change minds even more than the cases that are being debated? I know it's more emotional and factual, but what do you think?

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I like to think of this as the American people are the entire jury. November is when they get to decide. These other cases that you're mentioning, Neil, they're going to be before DC juries or Georgia juries or New York juries. I don't know how much people are going to agree with that or change the course of their view on the issues the President just raised because, again, the Biden Justice Department hasn't charged Trump with insurrection. As we've talked about on the show before, they charged him with strange charges like defrauding the US, defrauding voters. If the Biden administration really wants to live up to the words you just heard, and also put it before the American people, they should go after Trump for insurrection on January sixth, not these ancillary, unprecedented charges that don't really get to the heart of the matter.

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Well said. You made a lot of profound remarks there. For me, the money I have is on your tea stake comments in Valley Forge and the Pennsylvania history on that, which I would never have known without your guidance. Thank you, my friend.

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Hey, Sean Hannity here. Hey, click here to subscribe to Fox News' YouTube page and catch our hottest interviews and most compelling analysis. You will not get it anywhere else.