The Trump Indictment with Mike Davis

Published Apr 3, 2023, 8:00 AM

They finally did it. The Manhattan District Attorney Alvin Bragg got a grand jury to indict Donald Trump, an unprecedented step in American history. This investigation is one of many the former president is facing. So, what does this mean for the country, and what does it mean for Trump? Mike Davis, the former Chief Counsel for Nominations to Senate Judiciary Chairman Chuck Grassley, is the founder and president of the Article III Project. 

Well, they finally did it. The Manhattan District Attorney Alvin Bragg is indicting Donald Trump. This is the first time in American history this has ever happened. Truly unprecedented move from the Manhattan District Attorney's office. And this is just one of the four criminal investigations that Donald Trump is facing. He's facing another investigation out of Georgia pertaining to the twenty twenty election. He's also facing two federal investigations. And this just feels like a red line has been crossed, that the America that we have always loved, this constitutional republic, which made America so different than other countries, that it's dead, that the rule of law is over in America, that the fabric of this nation has been eroded. So what does this mean for the country, What does this mean for the former president? And where is the cell going? You know, is it now open season for Sorrow's back DA's across the country to wage political persecutions against conservatives. We turned to Mike Davis. He's been on the show before. He's the former Chief Council for Nominations to then Senate Judiciary Chairman Chuck Grassley. He's also the founder and the president of the Article three Project. He's worked in all three branches of the federal government. Before all that, he worked for ten years as a civil litigator in Denver. He does a great job breaking all of this down. So we turned to him at this dire hour, this dire news cycle and what is going to change the country forever? Stay tuned for Mike Davis. Mike, thanks so much for coming on the show today. I know that you've got a busy schedule because you know, they finally did it. They indicted Donald Trump. First time in American history a former president has been indicted. We don't have all the details yet because the indictment has not been unsealed, But you know, what do you make of what you've read, what you've heard so far about the indictment. The Democrats have crossed the rubicon with this indictment by George Soros Fundit Manhattan DA Alvin Bragg. These are bogus, trumped up charges against President Trump for settling a nuisance claim back in twenty sixteen. It is very common for wealthy business people to settle nuisance claims to make claims go away, and that's exactly what their allegend Trump did here this Alvin brag when he worked for the New York Attorney General, he pushed the prior Manhattan DA to decline these charges. The Manhattan US Attorney declined these charges, and the Federal Election Commission to decline these charges. But then Alvin Brad ran for office as Manhattan DA. He took a million dollars from George Soros, and now he's George Soros's puppet prosecutor, apparently because I don't know how he goes from pushing to decline these charges before to somehow these charges got better. And you're going to bring a what is at best books and records misdemeanor where the statial limitations would have expired after two years in twenty eighteen, and you're going to transform this somehow by bootstrapping federal election law with New York law and charging the federal charging a state fellow the under federal election law in New York and somehow for something that happened seven years ago beyond the five year statual limitations for a foality. This is a pure political hit job on Trump. This is part of the Democrats lawfair against Trump. They're doing lawfair with Garland Special Council Jack Smith looking at the nine crime of a former president having his presidential records in the office of former president, which is allowed by the Presidential Records Act. You also have the Democrat via in Fulton County Fanny Willis looking at the non crime of a president objecting to a presidential election and unlabbying others to object that is allowed by the Electoral Account of eighteen eighty seven, along with the First Amendment at Jack Smiths also looking at this objection as part of his federal probe. These are all Democrat prosecutions. They fear they can't beat President Trump in the polls, so they simply want to indict him. As you mentioned, I mean, he's facing a couple of federal investigations as you pointed out, also an investigation in Fulton County, Georgia as well. How much money does it cost to fight to state federal investigations like this, Well, it's millions of dollars. Not only is it, you know, millions of dollars, tens of millions of dollars for Trump, which you know is unfair, but he's a billionaire. He can afford this. Just think about the resources that are being diverted from these DA's offices. Where you have the Manhattan DA, he has several many of his prosecutors focused on this non crime, trumped up charges against President Trump instead of the rapists and murderers and carjackers and burglars and robbers and the people who are violent criminals destroying Manhattan that he has the prosecutors focused on Trump. You also have the New York Police Department, the State Police, the federal police, including the Secret Service, who have to divert so many resources to protect Alvin brad to protect his prosecutors, to protect his office, to protect President Trump when he comes and goes. This is a major diversion of law enforcement resources, limited finding law enforcement resources. This shows horrific judgments on the part of Alvin Bragg. Same thing Don Fulton County. Same thing with the Special Council Jack Smith. This is Democrats are more concerned about going after Trump for non crimes than protecting everyday Americans from violent crimes. I always say that if President Trump beat the hell out of an old Asian woman on the subway instead of paying off a stripper to go away, Alvin Bragg would not be prosecuting him. Well, yeah, I mean, Alvin Bragg reduced fifty two percent of all felony charges to misdemeanors last year, and now he's trying to elevate maybe a misdemeanor to a felony. You had mentioned the Statute of limitations. It's been a report that Trump's team is potentially preparing to file motions to dismiss based on the Statute of limitations a variety of other overreaches that we see here. Does he have grounds to do that considering the bookkeeping entry and the transaction at issue dates back to October twenty sixteen, I mean, yes, these are They should file a motion to challenge the sufficiency of the indictment on legal grounds that it's that there's not a crime here, that this legal theory that Alvin Bragg is using here is garbage, it's nonsense. It was rejected by Bragg himself, it was rejected by the prior Manhattan DA, was rejected by the US Attorney's office in Manhattan, was rejected by the FEC, the Federal Election Commission. So they should absolutely file a motion to dismiss the indictment on those grounds. Also on the stat limitations. Like you said, there's a two years secial limitations for mister Meaders. There's a five year special limitations in New York for felonies. Here's the problem, though, Lisa, is we haven't had a Republican governor in New York since what the Tackey I can't even remember the last one we had a Republican governor. So all of these judges at every level are appointed by Democrats. They're left wing, radical judges, right, they're not fair judges. Trump is not going to get a fair trial anywhere in New York, particularly not in many Well, and that's the issue is, you know, objectively, we could say this is ridiculous, none of this makes sense. It's beyond the statute of limitations. But to your point, you know, he's facing these charges in a liberal state like New York, which you know, really isn't America anymore. But it speaks to sort of the broader concern with the rule of law in America. I mean, it has become so politicized where you know, the rule of law really doesn't exist anymore. Yeah, I mean that that's the problem. This is all by plan, these George Soros funded prosecutors. These leftists, this is all working out to plan. They're trying to destroy our country. These are I always say this, this is not this is not our parents, our grandparents, Democrat Party. These are not liberals who love America and just disagree with Conservatives on the best way to get there. These are the leftists. These are Marxists. They hate America. They hate equality, they believe in equity, they hate due process. They believe and we too. They hate free speech, they believe in censorship. They hate America. They're trying to divide and conquer our country. They've crossed the Ribic count here. There's nothing more divisive than bringing fogus political charges against your political enemies, and that's what they've done with Trump. I don't know how we go back from this. I don't know how we go back to this. I'll tell you what I think needs to happen is and I think Republican state attorneys general, Republican DA's, Republican prosecutors need to give Democrats a healthy dose of their own medicine. Fine charges against these democrats, charge, demignite them, and then this tit for tax should end immediately. Give krats uh you know I always say two wrongs don't make it right, but it makes it even if you don't. Democrats only respect power. If you don't use power against them, they're going to run all over us. So I hope these Republican attorneys general, maybe in Texas or Florida or one of these other states, can find Hunter Biden's sleazy, illegal, corrupt deals on oil and gas that touched their state and go aft a quick commercial break more with Mike Davis. Do you think it ends it or do you think we just continue to go down a road of you know, looking like a Banana Republic or some of these countries where political opponents are sort of routinely jailed. It's already done. It's done. It's done the Democrats across the rubicon right. So if we don't, if we don't fight back now and fight back hard and make this go away, this will never stop. We did this with the Kavanaugh confirmation. Remember they brought six fogus allegations against Cavanaugh, essentially that he was a serial gang rapist in his teenage years, even though we testified before the committee where I was the chief calcil fornominations that he was a virgin rolling to his twenties. They did the same stupid thing that they did to Kavanaugh. They're doing that. They brought out Michael Afanati's stupid focus allegation first, and that undermines the other five. Alvin Brant brought out. It is a stupid indictment first, and it's an undermining the other two with Jack Smith and Fanny Willis. But again, if you the reason we were able to stop that me too nonsense with the Capital fight is we punched back hard, right. We gave them those of the Row medicine. We fought back. We didn't just roll over and play debt because that's what they expect Republicans to do, because Republicans traditionally are weak and stupid and made his roll over. I would say that they're the string orchestra on the Titanic, right, They just they want to look majestic as the as the Titanic is going down, our country is going to hell. We like you don't come back from indicting a political opponent who's running for president, a former president and potentially future president. This is this is this is unacceptable what the Democrats have done. This is a red line and they're going to keep doing it until we punch back. I don't disagree. I think it's just it's hard to digest sort of the country that we love and realizing that it's probably over. You know, you mentioned Kavin on me. I went Mortal Kombat on TV over that because I just felt it in my gut that it was just so fundamentally wrong to try to smear an obviously innocent man for purely political reasons. But sort of underscores who we're dealing with from the left. So what are the next steps here? So you know, Governor to Santis has said that Florida is not going to aid in the extradition of Donald Trump. Do you expect a fight there or do you think he will voluntarily surrender. Look, I am a huge Trump fan. I'm supporting Trump for president. I'm also a huge to Santis fan. I would love to see a Trump to Santa's ticket. I think what the Santis is doing here is hugely important. It sends a very strong message that you're not going to treat people like this in America, even potentially my political enemy and Donald Trump. So I con gratulate to Santras for what he did. It's an important message. I don't think it's going to get to that. It sounds like Trump's going to surrender, so the Manhattan DA's office on maybe Monday or Tuesday. I haven't talked to President Trump. I haven't talked to his lawyers about this. This has just the news reports that I've seen, But it sounds like he's an concerner. But I'm I'm very happy and proud of Governor to Santras for making that stake. We've gone over some of the other criminal probes that he's facing. What kind of real legal liability Dizzy face and those or they may try to get Trump is obstruction on the documents case in moral Lago. They may say, look, the president's former president. Presidents have the absolute right to classify and take any presidential record they want when they leave office. That's why a Congress gives former presidents staff, federally funded staff of security clearances, secure office space called skiffs, secure compartment, and information facilities to look at classified documents. They get secret Service protection that guards the people in the records. President Trump did absolutely nothing wrong by having those classified records, and the office of the former President of Moralogo he actually used that office when he was the president of the United States, So they alit even know if President Trump took those records when he left office where he had him there when he was president, when he used the office as president. They just state they have no idea, but regardless, he's allowed to have those records under the Presidential Records at the Presidential Records Act includes any documents created or received by the President and his staff, and that includes classified documents. So there's it's just a bogus investigation protectional investigation they used to go after Trump. And so what they did was when when they went down there and did those illegal, unprecedented on constitutional home rate on Trump for this non crime of patties presidential records classified or not, they stuck at affidavit in front of one of Trump's lawyer's paces and he signed it. Well, they're going to say that they found records after he signed this affidavit and so therefore it could be obstruction of justice. That's that's their strongest case. But the problems is, we don't know that this attorney probably just made a good fief effort in the chaos and signed this thing. There's no evidence that he intended to lie or to obstruct justice with this thing. And the bigger issue is there's an OLC memo Office of Legal Council memo in the Justice Department. It's binding on prosecutors, it's binding on the Justice Department that generally you cannot charge obstruction of justice if the underlying conduct was not a crime, so that you can't obstruct an investigation into a non crime. And that's exactly what they're looking at with this moral lago rad And let's compare what they did with Trump versus Biden. The Biden Justice Department learned that that then Vice President Joe Biden stole classified records from the Obama White House. Clearly SPNI. She didn't have the right to have this under the Presidential Records Act. He didn't have lifetime Secret Service protection to protect these documents. He didn't get federally fun as stas secure office space. They Biden had several different classified sets of classified documents in several different locations, and there's evidence he actually used those records. Hunter Biden used those records, those classified records to get to secure his illegal deals in Ukraine and China. We're in the divine reported on that from the New York Post. Right, what did the Biden Justice Department, Dude, they didn't send in a home raid. They covered this up for two months, right, And they didn't even have the FBI go look for these documents. They let Biden's attorneys do the search for these documents. And Biden's attorney's represented to the Biden Justice Department that they turned over these records. Right, And then the FBI went in after Garlan got hell over, there's an appointed a special council, Robert Kerr. The FBI went into the search, they found classified documents after Biden's attorneys represented they did a diligent search. How is that different from Trump's attorneys signed in the affidavia? How is that not obstruction of justice? So if they go after Trump for obstruction of justice for documents he was allowed to have, how did they not go after Biden for espionage and obstruction and obstruction of justice for documents he was not allowed to have. Well, you know, and allegedly documents from his or classified documents from his time in the Senate, which would take some serious effort to try to remove from a skiff where you have to you know, sign in, you have to review the documents, you know, in a secure area. You sign out, you're supposed to turn in your phone, you know, like there's multiple layers of security, So I mean you would have to actually, like legitimately try to steal them versus just some sort of accidental, you know, mistake. But you know, how concerned are you about you know, what's happening in the special grand jury probe in Fulton County. I think that's a complete joke. I think this potent. I do think that this is all orchestrated, and they're going to try to invite with all three investigations. I think they're gonna try to, but I just didn't think it would come in this order. I thought that they would come with their strongest case first and then bring the weakest case to Manhattan DA case loss. But what they've done is this buffoon Manhattan DA album Bragg brought his case force and it's going to undermine the credibility of all the structure point investigations. Again, like Michael Apati did with Julie Sweatnick during the Capital Think, he came forward with his buffoonery and undermine the credibility of the five other people who came forward they were all not telling the truth, but Michael Aponatti's allegations with the most profoned but most buffoonery, just like Albun Brack. So you know, I expect indictments of all three thems. I think the Democrats are helping by getting Trump that they in Brax's case, this is good for him politically in Manhattan. The left wing lunatics, the limousine liberals in Manhattan will be very happy. They'll be in their coffee shops with their COVID masks on. You'll build it. You know, they'll be smiling under their COVID masks from ear to ear as they're sick in their lattes. But it's very bad for the Democrat Party nationwide, and we're most importantly it's bad for our country. It's really bad for our republic. This is very damaging when you have a politicized and recognized justice system. This is third world marks's hellhole, financial republic level stuff. I totally agree. You know, whatever people think about Trump, this is the end of the republic type stuff. Is he going to face jail time or are we you know, is this just going to be you know, sort of what kind of legal liability is you truly facing here with all this stuff. Well, I mean, if you had a crazy judge, which he may have, you have a crazy jury in Manhattan, which you'll likely have, and they convict him, it will take a long time for this to get through the appellate process. And you have all these democrat appointed trial court judges and appelic court judges, and then New York they're Supreme Court's called the New York Court of Appeals. All these judges are Democrat appointed, right, So it's going to be a long slot. Here's the issue. Under federal statutes, the Secret Service has the Congress commands that the Secret Service protect former presidents for the rest of their lives. And that's that's that's by statutes. So they're going to have an issue where if you want to try to jail a former president, that's going to run right into this federal statute saying Secret Service has to protect him. So what are they going to do? Put put the Secret Service agents in his jail cell with them is and is New York you know, cell block. That's just that's just not feasible that they can do that. I don't I mean, this is this is why it's so reckless. The Democrats are doing here what Alvin Bragg is doing here. They're creating a constitutional crisis. They're creating an unnecessary crisis because they are so Trump to arrange. They're so power hungry, they want to do whatever it takes to get Trump, and they don't care about their country. I mean, it's very obvious they don't care about their country. When you're taking a million dollars from George Soros, who hates America, this Marxist who hates America, who's been funding BLM and Antifa and chaos and division for the last four or five years. Why why would you think that George Soros is a good man. He's not. He's clearly an American. He clearly does not believe in American ideals. He clearly doesn't want to follow the Constitution. He's a scumback and he just proved that by inviting President Trump. I mean, I think he's evil. I mean I think that the left is evil in this country, as evidenced by you know, everything we've laid out throughout this conversation. And it also keeps good people out of politics because you're you're gonna have a lot of people that might consider running for office saying what's happened to Donald Trump? Saying I don't need this in my life. And I truly think that, you know, Donald Trump ran in twenty sixteen because I do believe that he loves his country. I believes he's a patriot. He didn't have to. He's probably, I mean most definitely, you know, probably the only guy who left the office who's worse off than he was before going into it. You know, all these guys go into being president go on to you know, make all this money. If you look at Bush, if you look at Obama. So you know, it's sadly going to keep a lot of good potential conservative candidates saying, you know, the hell of this, I don't want to deal with this nonsense and that and that's the plan. I mean, that's that's they look, this is all this is again. These are Marxists, These are leftist, These are not liberals, these are not democrats. This is these are these people are so destructive. Their goal of their God is power because they don't believe in God, so their goal of their God is power on earth. Their religion or their strategy for their goal of their god of power on earth is Marxism. They can't talk about their Marxism because that's not very popular, so they use these subversive tactics or religious sex and that's racial division with DLM, that's gender chaos with me too, and with Pronouns and Franche gender ideology. It's the Clavidians trying to destroy our country, destroy our bonds. They don't want us to have any faith in our country. They don't want us to have religion, they don't want us to act family. Those are bonds that the Marxists have been trying to break for one hundred years. They want us to beat the hold into the state. And they're Marxist. Here's what's so pot problematic and so dangerous about Marxism. Over the last hundred eight years of Marxism, there have been one hundred million people have died. And so these democrats, uh, you know, these these these never Trump Republicans, these liberals who you know, we think that once they go after Trump, they're going to stop. They're crazy. They're gonna they're gonna go after Trump. They're gonna go after the Santists, They're gonna go after Nicki Hailey. They're going to go after every single Republican, They're going to go after the Democrats. They're going to go after so many people that there's not any people there are There are not any people left. No, I mean, I don't think this stops with you know, and we already saw that, right, I mean, we saw the Department of Justice label good parents as domestic terrorists. I mean, we saw them go after pro life Catholics, arrest, you know, people in front of their their kids. So this doesn't stop with Trump. He has previously said that he's you know, they're not trying to get to him, They're trying to get to us. And it's true, and that's you know, the direction that we are heading in. Is there any way to put the genie back in the bottle? Is there any way to get the rule of law back in this country? I mean, is there anything we can do? Well, there are two things we can do. We need to We need to elect Republicans at every level. There's there's a state Supreme Court race in Wisconsin coming up that will determine the control of the Supreme Court there, whether it's conservative four to three or liberal four to three. And that's going to decide whether people have the right to speak to worship, you know, to associate. That's a race up that to keep and bear offers to protect your families and yourselves. That's an important race. But people need to go out and vote. And I really do think these Republican ags and dais and prosecutors need to give Democrats to a healthy dose of their own medicine. The only way you're going to stop this is by indicting Democrats for their real crimes. There's I mean, there's smoking gun evidence in the form of subpoena bank records from House Oversight Committee Chairman James Comer that the Bidens took at least a million dollars from the CCP just on those deals that he's looking at there, they took a hell of a lot more than that. There is smoking gun evidence that President Biden is compromised, corrupted by these illegal deals in China and Ukraine, the two most problematic areas in the world right now, with Russia and China, and we're going to turn a blind eye of that. We're going to turn to blind eye to clear corruption of the Bide family, compromise of the Biden family. We're going to turn a blind eye to Catholic churches, pro life, pro life, crisis pregnancy centers, even Supreme Court justices and their families being terrorized by these abortion activists. But we're going to go after Christians praying outside of abortion clinics. It's unlike you talked about that. We talked about the parents of Loudoin County being the garden stick in the FBI after them. We have a weaponized, politicized or recognized justice system at every level. This is not sustainable as a country. Our country is going to fall apart unless we do something about this now. And that means getting out and voting. That means Republican prosecutors fighting back at It means House Republicans on the Judiciary Committee and the Weaponization Committee really ramping up their efforts. Like Davis, I totally agree with everything you just laid out, and you know, just pray for the country, Just pray for the direction we're heading, and just pray that people get brave and we can get our country back. Appreciate your time. Thanks so much for breaking this all down for us. We truly appreciate it. I always love having you on and just appreciate your time. That it's Mike Davis breaking down the Trump indictment and what it means for the country. You know, we know it's not good. Pray for the country and pray that people get brave out there and that you know, we can turn this thing around. UM. I want to thank you guys for listening to the show every Monday and Thursday, but you can listen throughout the week. Please leave us a review on Apple Podcast, give us a reading. I want to thank John Cassio, my producer, for putting the show together. Until next time,