EPISODE 36: COUNTDOWN WITH KEITH OLBERMANN 9.20.22

Published Sep 20, 2022, 4:29 AM

HERSCHMANN SINKS TRUMP

A BLOCK (1:45) SPECIAL COMMENT: Eric Herschmann may be today's John Dean. In 2021 he warned Trump to return all the classified documents he took with him. Because Trump ignored his advice that gives prosecutors a smoking gun (3:35) Because the Espionage Act requires the perp to have "WILLFULLY" concealed the stolen secrets (3:50) And 18 US Code 2071 also says any convicted "SHALL BE DISQUALIFIED FROM HOLDING ANY OFFICE UNDER THE UNITED STATES." (4:32) Herschmann has already testified against Trump at the House 1/6 Committee and is to testify to a Federal Grand Jury. (5:31) And Trump's handpicked 'Special Master" Raymond Dearie demands they tell him what Trump claims to have declassified and when, sending Trump's lawyers into a panic (7:53) While Trump is only worried about where Biden sat at Queen Elizabeth's funeral service and even in that, he inadvertently admits Biden is president, and he isn't (9:12) Meanwhile: Told you so: The DeSantis Migrant Kidnapping disaster is being investigated as a crime in Texas.

B BLOCK (14:00) EVERY DOG HAS ITS DAY: Colson (15:22) POSTSCRIPTS TO THE NEWS: Sad sack New Hampshire Senate candidate Don Bolduc steps in it; GOP threatening to investigate its beloved U.S. Chamber of Commerce?; And what does TV news do, now that Elizabeth has finally been buried? (18:43) IN SPORTS: Now the Saudi Blood Money Golf Tour sends Greg Norman to DC to lobby on its heinous behalf. (20:50) THE WORST PERSONS IN THE WORLD: The GOP Congressman who confesses that unpaid student debt is the greatest recruiting tool for the US military, vies with a NYPD Lieutenant with 52 disciplinary allegations, and the Funeral Spider, for the honors.

C BLOCK (25:24) THINGS I PROMISED NOT TO TELL: It's 40 years since CNN let me spend well into three figures to take the three key figures from the Players Union to dinner during the 1982 NFL Strike. I'll even reveal the day a players' negotiator tried to strangle an owners' negotiator.

Countdown with Keith Olderman is a production of I heart radio. His words to John Eastman were get a great eff and criminal defense lawyer. You're going to need it. His words to Donald Trump might as well have been get a great eff and criminal defense lawyer. You're going to need it. Eric Hershman may have just kept America's Hitler from ever holding office again. Hershman may have also sent him to jail. At minimum, he is likely to have forced him to go to trial after all. And if Hershman has not done enough to do these things, trump's own hubris may have provided the final push. Hershman, in fact, may have turned out to be, sorry John, the on Deane of this disastrous presidency, only with profanity, plus a baseball backed on his wall emblazoned with the Word Justice. The New York Times last night quoted three unnamed sources, and how at least one of them isn't Hershman is a theoretical impossibility. Who say Hershman, the former trump attorney, personally warned trump late last year, two thousand twenty one, that trump had to return the government materials he had taken when he left the White House or he would face serious legal jeopardy and multiple investigations. In the search warrant, the Department of Justice got to search Marilago for the stuff stolen by the nuclear KLEPTOMANIAC. There was a specific citation that evidence suggested America's Hitler had violated eighteen US code, two oh seven one, the espionage act, the taking and keeping of national security documents and two oh seven one hinges on one word. Whoever willfully and unlawfully conceals removes the same shall be fined under this title or imprisoned not more than three years or both, and shall forfeit his office and be disqualified from holding any office under the United States wilfully. Hershman, according to the times quote, warned trump late last year that Mr trump could face legal liability if he did not return government materials he had taken with him when he left office. Hirshman sought to impress upon Mr Trump the seriousness of the issue and the potential for investigations and legal exposures if he did not return the documents, particularly any classified material. If Hershman told trump something like return those classified documents or they'll investigate and prosecute you, and trump ignored him and kept most of them anyway. That is the legal definition of willfully trump is their force growed? Moreover, The Times reported last Friday that Herschman, quote, has been summoned to testify to a federal grand jury and, as his testimony about John Eastman to the House January six committee showed, he has been willing to tell the truth about trump and his co conspirators, even though Hershman was one of trump's many lawyers during one of trump's many impeachments. And, as suggested before, whatever damaged trump did to himself by ignoring Hershman's advice has been compounded by what in retrospect looks like a really bad guest by trump and his latest lawyers, that the semi retired Brooklyn Judge Raymond Deary, the one they nominated to be special master in this case, was a skeptic of FBI methods and because he was appointed by Reagan, he would do trump's bidding for him the way that glorified Florida paralegal temp Eileen Cannon has. Instead, even before the lawyers for trump and the lawyers from the Justice Department got into his courtroom for a preliminary hearing Tuesday, Judge Derry had already made a stunning demand. He wants to know from the trump side quote specific information regarding declassification and give it to the court and to the government. That's how trump's attorneys phrased it in their response. It may seem simple common sense to you if trump's principal defense for his theft of ultra secret classified government documents is that he declassified some of them or most of them, or all of them or all of them everywhere in the universe. Judge Derry wants to know which documents are declassified and when trump declassified them. But the trump lawyers seemed stunned by this. They say they can't do it. If trump is indicted, they say those declassification details will be the basis of his defense. And now the special master wants them to spell their defense out word by word to the prosecution. In other words, deary recognized something that trump appointee cannon did not or would not that trump's entire defense is based on this premise. Keep your cake and eat it too. If your defense is these classified documents are my documents and not the governments, and they're my documents because I de classified them. You cannot then say, but I won't tell you which are the ones I'd declassified, nor when I did it, so you can check the records to see if I'm not lying. And Derry continued to drop bonus flavorings into trump's punch bowl. The special master process that the trump people wanted extended through novemb declared had been extended through then. deary wants it wrapped up by October. Seven and is if it needed to get worse for trump, derry also slapped them around for judge shopping. deary demanded that the trump team explained why, if they say the government has to give trump back documents because trump's fourth amendment rights against unreasonable search and seizure were violated, why those fourth amendment claims are in judge deery's lap rather than in the lap of the original judge, Bruce Reinhardt, who signed the search warrant, or, as one of the cracked trump team called him, judge reinhold. Trump still on a high from crossing the Rubicon on Saturday in Ohio and fully embracing q and on then threatening violent revolution and now having q musach playing behind him. During his speeches of dribble, seemed unconcerned by the sudden reversal of the legal momentum. In his case. All he was worried about yesterday was where President Biden was seated at the funeral service for Queen Elizabeth. But even his protest on social media turned out to be a disaster for him. This is what's happened to America in just two short years. No respect, he posted, along with a picture of Biden seated near the back of the church. If I were president, they wouldn't have sat me back there, Baby Hitler, ignoring four facts. One, he wrote if I were President and also referred to Biden as our president, thus infirming he trump ain't president. Two, wherever Biden and the other world leaders were sitting, they were invited and he wasn't, and he reminded us of that. Three, no, he was not invited, but the actress Sandra Oh and Olympic swimmer mark Tewksbury were, and they were in Westminster Abbey with the Canadian contingent. And Four, and finally, you know when they give you the best seat at a funeral. Think about it. While we wait to see if today is the funeral for trump's aspirations to seize power in a coup or a crooked election, or otherwise the guy behind him in the Republican packing order of who was the biggest scumbag we can find. Let's make him president, may now be facing his own legal mess, as suggested here. As this story broke, the sheriff of Bear County, Texas, said last night he not only believes the ran de santist kidnapping of forty eight people merely seeking asylum in this country saw state laws oken within his jurisdiction, but that parallel federal laws were also violated. Jabier Salazar says that it is his information that a Venezuel and migrant was paid a quote bird dog fee to round up migrants from a center in San Antonio to become the victims in the de santis outrage. A county judge there summed it up. If you think about what smugglers do, it's not much different. This follow John Legam of popular information obtaining a copy of an official looking brochure that several of the victims say they were handed before they got on the plane to Martha's Vineyard. It's titled Massachusetts Refugee Benefits and Features two photographs of a Massachusetts welcomes you highway sign. Brochure also promises assistance with Housing, food, clothing, job placement, job training, transportation to job interviews, applying for social security cards, registering children for school, and quote eight months cash assistants. Whether or not the arrogant and clever but ultimately stupid dissentist goes to prison for this is at best guesswork. That Texas judge says, if it turns out things were done wrong, he could be held responsible. He instigated it, but whoever made that brochure and used it to lure the migrants to become victims of human trafficking in America, they are going to prison, and tell them, while they are there, to say hi to trump. For US still ahead on countdown. You can't forgive student debt. Could do that. Where are we gonna find kids desperate enough to sign up for the army? It's not me being snarky. That is a republican congressman being way too honest for his own good. Where's the head of the striking football players? Well, he's at there in the kitchen. He's drinking from a hose. Obviously, things I promised not to hell takes you back to September and the fabled ill Vagabundo restaurant in New York City. And if they are burying the Queen after ten days and the camera zooms in in the casket and the flowers that were left there by your son, and you can also see the card he wrote and left with the flowers and you can also see uh spider crawling on the card. Is that a bad sign? That's next this discountdown. This is countdown with Keith Olberman still coming up. On countdown. The National Football League Players Association was on strike. There were no NFL Games. The president of this union was on the cover of time and Newsweek and he was one of my dinner guests, except he had disappeared and I could see him in the restaurant kitchen bending over one of the big sinks. Things I promised not to tell coming up, along with worse persons. First, in each edition of countdown we feature a dog in need whom you can help. Every dog has its day. They found Coulson on the streets of Philadelphia, ordinary Brown and white dogs, soulful, Light Brown eyes. Only after several days at a shelter. There did they discover the broken ribs and the FEMUR, all at different stages of healing, proving not only that somebody beat him, but did so on multiple occasions. Happily, Coulson's physical scars can be healed by surgery and outcast rescue is raising the funds for that surgery on cuddly. If you'd like to help, go to cuddlely search, outcast rescue or Coulson, or just go to my twitter feed for dogs in trouble, Tom Jumbo GRUMBO dot com, and see the tweet I did for Coulson. And thank you very much. I'm up on countdown. You can't forgive student debt. If you forgave student debt, why would any kid be stupid enough to choose the military over college? It's not me saying this, that's a republican congressman saying it in worse persons ahead. First postscripts to the news. Some headlines, some thoughts, a little snark. Dateline conquered New Hampshire. Incumbent Democrat Maggie Hassan indicated much of her Senate re election campaign would be about the repeal of Roe v Wade and women's rights in her state. Her Fringe Republican Fascist opponent, Don bull duck blasted this, saying she just wants to hang on with dear life. Well, guess what, your views are not consistent with the average granite state or number one, number two. Get over it. This is about the economy within ours. Senator hasn't had launched a digital ad called won't get over it. The John Federman campaign is paying off in other states. Remember, Democrats, the last thing the Republicans expect is for you to hit back. So hit them back right in the Charlie's dateline Washington. A lot of damnedest things have happened in politics over the last ten years, but among the damnedest the formerly ultra far right reactionary group, the US Chamber of Commerce, went green, encouraging the E S G investment sector, environmental, social and governance, in the words of a chamber veep. Today, for many companies, climate change on carbon emissions impact long term value, thereby becoming a factor that retirement fund managers should take into consideration. These guys used to devote their time to trying to repeal obamacare and increase pollution. Because they've switched because they've correctly noticed that environmentally friendly investing cannot only increase profits but also increase the chance that there'll still be a planet on which to spend your profit. The website the intercept quotes an Anonymo Republican congressman who says if they take the house in November, the GOP will have its judiciary committee run a show trial investigation of the US Chamber of Commerce. Says the congressman. How is it again that you can discourage investment in American energy? How can somebody actually be duty of care to the shareholders of one entity when your duty of care to the Chinese Communist Party's controlled energy company? I'd mentioned to this congressman, whoever he is, that he should probably picture his grandchildren choking to death in a hundred and thirty eight degree temperatures or freezing in a thirty seven inch snowstorm in July in l a in the year. But you know what his answer to that would be? My grandchildren. They're not even investing in anything. Dateline Windsor Berkshire County, England. Queen Elizabeth the second was buried yesterday, just eleven days after she died MSNBC, CNN, Fox News, NBC, ABC CBS, to say nothing of British television. We'll now have to pivot away from the story that has occupied them since September eight, the upcoming funeral, and switch to ten days of coverage looking back at the funeral. This is sports center. Wait, check that not anymore. This is countdown with Keith. I mean, I like the Queen. I liked the queen and I don't particularly mind the rituals of the funeral process, but ten days of it. I wouldn't watch it for ten days if you told me at some point she was going to jump out of the box. In Sports, the problem with selling your souls that the devil keeps asking you to go back and make follow up sales pitches. Politico reports that the Saudi blood money Gulf Tour Live Ironic Name Matt the thing assigned to give that country good pub after it killed a Washington Post columnist and then cut him up with a bone saw. We'll send a representative to Washington this week to meet with, quote, lawmakers from both parties. We think it's imperative to educate members on lives business model and counter the PGA tours anti competitive efforts. who gets the task of trying to sell a pro Bon saw golf tour to congressman and senators? Why it's Greg Norman, the shark, who, believe it or not, was once a popular professional golfer. Baseball, the San Francisco giants are investigating how certain items wound up for sale and a gift shop at their stadium over the weekend, caps and shirts and such depicting the Los Angeles dodgers. The team says it was a mix up with a third party vendor and will not happen again. Spoiler alert. Baseball Stadium Souvenir stands used to carry the memorabilia of all major league teams. In New York, where a Brooklyn dodger fan once shot and killed a New York giants fan for disparaging the dodgers. You used to be able to go to the souvenir stands at Brooklyn's famous ebbitts field and by the caps and the yearbooks of the dodgers and the New York giants and the New York Yankees. Still Ahead the nights. CNN told me to take the president, the Executive Director and the Chief Council of the striking NFL Players Association, my sources on a big story out to dinner at one of the best restaurants in New York City. If I tell you this is the anniversary of that dinner, can you tell me how much it costs for four of us at one of the best restaurants in New York in two that's coming up first, the daily roundup of the miscrants, morons and dunning Kruger Effects Specimens who constitute today's persons in the world. Lebronze Lieutenant Eric Dim D Y M Dim, christened by prophetic parents of the New York City Police Department. Well, not anymore. Let's congratulate Lieutenant Dim on his retirement. Normally retirements are based on how long you have served, but according to the independent New York City journalism site, the city, this retirement is based on Lieutenant Dim's number of disciplinary allegations. Fifty two. There are fifty two substantive cases against lieutenant dim, the most on the force. He has been named in more than a dozen lawsuits. He's been accused of pointing a gun at someone four times and of improper use of physical force three times. By retiring, he will face a crippling punishment. He will lose sixty four vacation days. This is your New York City Police Department in action to protect and whatever. Flash forward twenty years from now and of course lieutenant dim will be mayor the runner up. The Spider, the spider that is, that was seen spotted crawling across the card attached to the memorial floral arrangement from King Charles that sat atop his mother, Queen Elizabeth's casket yesterday. It was actually just tabloid or Rupert Murdoch in his other life form. But our winner Congressman Don Bacon, like lieutenant dim, named by prophetic parents, Congressman Bacon is from Nebraska and he's just not very bright. Kind of swinish. Congressman Bacon has written to the White House to express, quoting him, that my house colleagues and I are very concerned that the deeply flawed and unfair policy of blankets student loan forgiveness will also weaken our most powerful recruiting tool at the precise moment we are experiencing a crisis in military recruiting. End Quote. Let's go through this again. Representative Bacon is saying that if making things easier for kids who need need financial help. Going to college would be the most powerful recruiting tool for the military. That you'd be losing the most powerful recruiting tool for the military. In other words, if you can't afford college or college loans, that makes you likelier to sign up to maybe get yourself killed or a limb blown off. That keeping people poor, according to Congressman Bacon, is the way you force them to go into the U S military and maybe to die, which is not only inhumane but is a hell of a way to insult the U S military. Congressman Don we can't give you money, then you won't let us kill you. Bacon, today's worst person in the world. I thought I could see it through the swinging kitchen door of the ill vagabondo restaurant on east sixty two street in New York. What I thought I saw seemed to be an extraordinarily large man standing over one of the large kitchen sinks, holding one of the kitchen's big flexible rubber water hoses and drinking from it. It was an unusual enough site, but there was also a complication. That extraordinarily large man was one of my dinner guests and his name was gene upshaw, the just retired offensive guard of the Oakland Raiders and President of the National Football League Players Association. Jean was six ft five, sixty pounds, but he seemed much larger than that. If he wanted to drink out of one of the giant kitchen hoses, I wasn't gonna Stop Him, nor was anybody in the kitchen, nor was everybody combined on east sixty two street, nor was anybody in the city on that Saturday night. So Long, Oh two nights later, gene and the executive director of the National Football League Players Association, Ed Garvey, and its outside council, chip Yablonsky, would officially take their union out on the last successful strike in pro football and introduced to the entire world of sports. What was then, and I literally mean then that evening on CNN, just before our trip to the restaurant who's kitchen host Jean was now drinking out of. Would then introduced to sports what was then described by a nationally prominent sportswriter live on TV as, quote, communism. Executive Director Garvey had proposed a deal with the owners that would be based on giving the players a percentage of gross income, five cents out of every dollar taken in by football. It would be given to the players and, within a structure allowing for individual players to negotiate individual contracts, the players would basically figure out how the rest of their fifty would be divvied up among them. The owners would keep and divvy it up anyway they wanted to. Today this is the basis of the contract offers made by the sports owners to the players Union. But in two on September eight, two live on CNN with me as host. This was called Communism by the Atlanta Journal Constitution Sports Writer Firman Bisher, whom I had been reading since I was a kid. Bisher was one of the guests in a special show which I anchored from New York, with Garvey and upshaw in the studio with me. Bisher went further. He called Garvey a communist and I apologized and Garvey said I've been called worse today. This was why we were all out to dinner at Il Vagabondo, an Italian restaurants so Italian that there was a BACCI ball court in the middle of the main dining room. Our CNN executive sports producer, Rick Davis had said that if I could talk Garvey and upshaw into going on our show on a Saturday, I could take them out to dinner, he added, no, and I mean it, a Nice restaurant. Garvey had already turned into a great source and a great friend with whom I would stay in touch for thirty five years. The day before he had matter of factly told me, and only me, a sports reporter from an obscure TV cable network called CNN, that when the Union's Executive Council met the following Monday, that there was only one option on its table, a strike. This was a huge scoop. Later Garvey would tell me that the union had made a deal with Ted Turner, who happened to own my network. If the Union could get the National Labor Relations Board to rule that the owners had forced that strike, the Union would be entitled to break all its contracts with the national football league and sign a new deal where the players and Ted Turner would co own all of professional football in this country. What'd you like to do play by play, Ed said. It didn't happen, obviously, but that also was a great scoop, and they tried it out in miniature. They played two glorified pickup games, one at the L A colisseum one at RFK stadium in Washington, under the greatest sports league acronym of all time, all star season, Yep a s s. It was also Ed Garvey. A month later, in the middle of a press blackout imposed by the National Labor Relations Board mediator, who sneaked into my hotel room outside of Baltimore and gave me an exclusive interview. Anyway, Garvey arrived just after a housekeeper had knocked on my room door and, without waiting for an answer, had entered. That housekeeper saw the following scene. Me In a suit sitting on a chair, the CNN cameraman sitting at a table with his big bulky camera and tripod, and the video tape deck operator, who happened to be a woman, lounging a top my still unmade bed, watching her favorite soap opera on TV. The housekeeper took one look, literally shouted Lordy, and she backed out of the room, nearly knocking down Ed Garvey in the process. Later in the strike, the mediator quit the talks one night. Then the owners guy also walked out, leaving Ed Garvey and the players by themselves. I Sat Garvey Down for another interview and I asked him, will the absence of the media and the League's negotiator make any tangible difference in the negotiations? And Garvey laughed without interruption for ninety seconds. Geane upshaw, who, in telling this story, I have left in the kitchen drinking from the hose all this time, and it's actually almost how long he did drink from the hose that night. He was just as good a friend and a source, whipped smart and often too honest for his own good. Five years later, when he had succeeded Garvey as executive director and the players again went on strike against the NFL, I had a tip that the strike was collapsing because the owners had brought in scab players and they kept playing games anyway. I called a Yer I knew in the Union and he was hemming and Hawing when I heard him say, wait, Jeane wants to talk to you all. Geane upshaw did, was off the record, confirm that the strike had indeed collapsed and he expected lots of union players to cross the picket lines the next morning. I said, I can use this, he said, you've always been honest with me. The least I can do is be honest with you. A matter of fact, you can say high placed union sources told you. Ah, screw it, you can quote me, Keith, but wait till after midnight, my time. I gotta call these guys. Unfortunately, this meant that when I interviewed the now Los Angeles Raiders Team Union Rep Live on TV a few hours later in Los Angeles and I asked him if the strike was in its final hours, he said no, and I said yeah, kind of is, and it was the head of his union who had told me so. Anyway, that night at Il Vagabondo, upshaw and Garvey and Chipyablotsky told me twenty stories I would have killed to use that night, but they were all off the record. I think I can mention a couple of them now, since it's checks watch. Forty years later, at one bargaining session, one of the League's lawyers, Vince Lombardi JR, was arguing with one of the player bargainers, linebackers stand white of the Detroit Lions, who was also a lawyer. The players were asking for something that is still a bone of contention between the two sides. Full access to their own team medical personal records. Vince Lombardi JR looked at white and said, what are you gonna do with them, even if we gave them to you? You guys are too stupid to understand them. At that point white, who might have been a lawyer but was also still a linebacker, leaped over the bargaining table and tried to get his hands around Lombardi's throat. There are also a few hours of shared insults about top NFL announcers and executives and players, and a good deal of wine at this dinner and periodically, when there were no more breadsticks at the table or Antipasto at the table or water at the table, gene upshaw would simply get up and go into the kitchen and get it himself. When the evening was over, my diary notes that we had spent for four men, four large men, of whom I was the smallest, with wine, with a generous tip, at a top New York restaurant on CNN's dime. The staggering figure of fifty five dollars still translates only to about four hundred and seventy bucks today. It was a lot of money then CNN was paying me twenty six thousand dollars a year. Anyway, we all walked out into a lovely New York September Saturday night garby bopshaw and Yablonsky. We're all staying in a hotel not from where we had eaten and not far from where I lived. So I walked them back and upshaw had one more immortal memory left to create. It happened that he was on the cover of that week's edition of Newsweek magazine and as we passed one of the old ubiquitous Manhattan News stands, which were just tiny shacks on nearly every corner of the city, Jean leaned down and into the little window through which the news and operator peered out, and he said, politely but firmly, have you got a copy of the one with me on the cover? I've done all the damage I can do here. Help me out if you can give it a good review or subscribe or forward it or say it slaps or whatever. Thank you. The countdown theme from Beethoven's ninth the arrange produced and performed by countdown musical directors Brian Ray and John Philip Channel, guitarist, Bass and drums by Brian Ray all, orchestration and keyboards by John Philip, channel produced by t KO brothers. Other Beethoven Selections have been arranged and performed by no horns allowed our sports music. The olberman theme from the Espn Two was written by Mitch Warren Davis. It appears courtesy of ESPN, INC musical comments by Nancy Faust, the Best Baseball Stadium organist ever, and my announcer today was Tony Kornheiser. Let's countdown for this the SI third day since Donald Baby Hitler trump's first attempted coup against the democratically elected government of the United States. Rest him now while we still have the chance. A new episode tomorrow. I'm Keith all reman. Good morning, good afternoon, goodnight and good luck. Countdown with Keith Ol Reman is a production of I heart radio. For more podcasts from I heart radio, visit the I heart radio APP, apple podcasts or wherever you get your podcasts.

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