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Marshall Credit Card Bill. If

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you like what you're hearing, why not try a Stephcast

0:32

subscription? Go to stephaniemiller.com to

0:34

find out how. Good morning, Glenn. Happy Von

0:37

Kss and Pants Day to those who celebrate.

0:39

Good morning. Good

0:41

morning, Steph. You've heard a lot

0:43

of things in a court of law, but never

0:45

Von Kss and Pants. That's

0:48

a new one. That is a new one. Yeah. I

0:52

mean, Glenn, again, I listened to you and

0:54

all the other legal experts. It

0:56

feels to me like this case has already been made.

0:58

Like, you know, they can do all they want to

1:00

try to discredit Michael Cohen, but

1:04

there's all the receipts, right? I was saying

1:06

the two that have stuck out to me

1:08

so far is I can't remember which who

1:10

National Choir or guy, whatever, but they basically

1:13

admitted they knew they were breaking the law. Whoever

1:16

said, don't worry, we have Jeff Sessions in

1:18

our pocket. The other, what was the other

1:20

one? They knew they were committing election fraud.

1:22

They said, what have we done? And

1:25

then they said, I hope Trump gives

1:27

us a pardon. I mean, I'm not a

1:29

lawyer, but is that not consciousness of guilt? I

1:32

mean, yeah. Well, you know,

1:34

the words don't come directly out of

1:36

Donald Trump's mouth. And that's, you know,

1:38

some of what we will be hearing

1:40

with, for example, Michael Cohen's testimony, O'Pix

1:42

testimony. But you're exactly right, Steph, because

1:44

thus far David Pekker said, of

1:47

course, this was about, you know,

1:49

gaining unfair advantage in the election.

1:51

Keith Davidson. It

1:53

was an interesting bit of testimony when he said, when

1:56

he woke up and saw that Trump won the election,

1:58

he said, oh, my. God,

2:00

what have we done? You know,

2:03

Donald Trump maintains that this had

2:05

nothing to do with the election.

2:07

Hang off, playmates, important stars. It

2:09

was all about protecting Melania's feelings.

2:11

Well, you know what, then Keith

2:13

Davidson would have woken up and

2:16

celebrated. Hooray. We protected Melania's feelings.

2:18

No, it was all about stealing

2:20

the 2016 election. Everybody

2:23

knows it. Michael Cohen and

2:25

Hope Hicks are about to talk about it

2:27

as well. So you're right. I mean, the

2:29

only thing that's left is the

2:32

jury deliberations and the massive

2:34

convictions. Yeah. Glenn, so yesterday

2:36

they were trying to, I mean, obviously they

2:39

didn't, they went easy on David Packer, even though he

2:41

was just as incriminating, but I can

2:43

only assume cause God knows what else

2:45

he knows, how much more he knows.

2:48

You know, so Trump is witness tampering on that

2:50

one by calling him a nice guy as if

2:52

to say, okay, don't say anything else now.

2:55

Keith Davidson, they went after right this cross

2:57

examination, he grilled him on his involvement with

2:59

settlements with Charlie Sheen, Lindsay Lowe, and other

3:01

clients of his. And he said, you extracted

3:04

money from Charlie Sheen, right? And he said,

3:06

there's no extraction. I mean, obviously they're trying

3:08

to make this about Keith Davidson

3:10

and not about what Trump did, right? Yeah.

3:13

When you can't attack the evidence,

3:15

you attack everything else. You attack

3:17

these collateral deals that Keith Davidson

3:21

was involved in. You attack the

3:23

prosecutors, you attack the judge, you

3:25

attack the jury because the evidence

3:28

is strong. You can't attack the

3:30

evidence. So you attack everything else.

3:32

You try to distract and you

3:34

hope you can pick off, you

3:36

know, the lowest hanging fruit in the jury

3:38

box, that one person who might be confused

3:41

by all of this white noise. Yeah. Do

3:43

you agree with me that Michael Avenatti should

3:45

shut his big pie hole and just stay

3:47

in prison? Yeah. I

3:49

mean, he, look, he's a crook, he's a criminal.

3:51

You know, lawyers who steal from their clients earn

3:54

a special place in, in legal hell. So

3:56

yeah, I don't really want to hear anything

3:58

he has to say. Yeah, he's obviously trying

4:00

to settle old grudges of Michael Cohen or

4:02

Stormy Daniels, who, as you said, he stole

4:05

from, and he has zero

4:07

credibility. Michael Cohen, like I keep saying, at

4:09

least he admits, like, yes, I lied. He

4:12

lied for Donald Trump. I went to prison

4:14

for Donald Trump. He didn't,

4:16

you know, but again, Michael Avenatti. I

4:19

mean, first of all, who was it, Jody? Some

4:22

outlet just had to apologize to Michael Cohen because Michael

4:24

Avenatti lied about that. He said he was having an

4:26

affair with, yes, Michael Cohen was having an affair with

4:28

Stormy Daniels. And they were extorting

4:31

Trump together. Complete lie. Had to

4:33

apologize. Retracted. Anyway, you tweeted,

4:35

Trump reportedly is angry. His attorneys aren't being

4:37

aggressive enough. They aren't attacking the witnesses hard

4:40

enough, and Trump is trying to dictate their

4:42

tactical decisions. Let's all sit back and watch

4:44

as it all blows up in Donald's face. I

4:46

was saying yesterday, Glenn, how are

4:48

you an attorney for Donald Trump? I

4:51

mean, this is where, you know,

4:53

he's out there on tape several times going, don't

4:55

know either of these women, never met

4:57

them, don't know who they are. Like,

5:00

that's a ridiculous defense based on all

5:02

this, like, evidence and audio tape, and,

5:04

right, there's more audio tape yesterday, right?

5:07

Yeah, it is a ridiculous defense,

5:09

but Donald Trump is dictating tactics

5:11

to his lawyer. People should know

5:13

that in a criminal representation, the

5:16

defendant only has relatively few decisions he gets

5:18

to make. Does he plead guilty or not

5:20

guilty? Does he accept the plea offer? Does

5:22

he insist on a jury trial or waive

5:24

his right to a jury trial? Does he

5:27

testify or decline to testify? But all of

5:29

the tactical decisions, what witnesses to call, how

5:31

to present a defense, how to cross-examine the

5:33

other side's witnesses, those are up to the

5:36

attorneys. But Donald Trump is depriving his attorneys

5:38

from trying the case tactically the way they

5:40

think it should be tried. And

5:42

that's the—you ever heard the saying that anybody

5:45

who represents themselves is a fool for a client? Anybody

5:47

who dictates tactics to their defense attorney

5:49

is blowing up their own case, and

5:51

that's what Donald Trump is doing. Everybody

5:54

knows he had relationships and encounters with

5:56

these women, but he is going to

5:58

tell his lawyers, you go score. And

6:00

the jurors are going to hold that

6:02

against Donald Trump. So

6:07

as I say, I think he's done. You

6:09

can't count your chickens. But I think the

6:12

case is going well for the prosecution and really

6:14

poorly for Trump. Yeah, and there was reporting the

6:16

other day that he wants him to attack the

6:18

judge and the jury more. And I'm like, I'm

6:20

not a lawyer, and that seems really dumb, so yeah, go

6:23

ahead and do that. So

6:25

yesterday, here it comes, right? Did you

6:28

see the clip of him lying, saying,

6:30

I'm not being allowed to

6:32

testify? Because, of course, before

6:34

he's like, God, of course I'm going to testify. And

6:36

you know he's not going to. But so now he

6:38

has to put the lie out that he's not allowed

6:41

to, right? And Judge Michonne's

6:43

going to have to take that up. He's going to

6:45

say, you have a constitutional right to testify, defendant Trump.

6:48

And I've heard reports that you announced to

6:50

the public that my

6:52

gag order prevents you from testifying in this

6:54

trial. Judge Michonne's going to have

6:56

to take that up, expose Donald Trump as

6:58

a liar for the millionth time, because

7:01

you can't leave that misperception out there.

7:03

Right, right. You said the upcoming

7:05

testimony of Karen McDougal and Stormy Daniels may be some

7:07

of the most damning testimony against Trump in the eyes

7:10

of the jurors, as you sort of just—

7:12

But I feel like the prosecution really

7:15

is setting this up beautifully by the

7:17

way the order of the witnesses and

7:19

all of the documentary evidence, documents, audio

7:21

tapes, etc., right? Yeah,

7:24

one of the most important practical decisions

7:26

prosecutors have to make is what's called

7:28

the order of all. In

7:30

what order do you present witnesses? We

7:33

typically don't do it chronologically. What we

7:35

do is we put all of our

7:37

strongest witnesses on first. So the jurors

7:39

get the picture of exactly what happened.

7:41

They're going to be charged with Donald

7:43

Trump making hush money payments and then

7:45

criminally falsifying business records to cover them

7:47

up because he was violating campaign finance

7:49

laws. That's what this is about. So

7:51

now the jury already knows what went

7:53

on, and Michael Cohen is simply going to

7:55

come in and parrot

7:58

or reinforce— What the

8:00

jurors already know through the other

8:02

witnesses. That's why you bury the

8:04

weaker witnesses farther down in

8:06

the order of call. Because then

8:09

when they go after Michael Cohen,

8:11

it falls flat because the jurors

8:13

already have heard all of the

8:15

earlier evidence. Yeah, yeah. Sidebar, Councillor.

8:18

How quickly would you destroy Kristie Noem on

8:20

a witness stand about the puppy murder? The

8:24

inconsistencies in her story. Yeah, it's so funny. I

8:26

had the pleasure of being a keynote speaker

8:28

yesterday in a TV news conference in DC.

8:31

And I said something about when I hear

8:33

the word business, stick with me Steph, there's

8:35

a point to this. When I hear the

8:37

word business, I flinch because I failed out

8:39

of business school and then I became a

8:41

journalism major and loved journalism. I said I

8:43

flinch like a dog who's about to be

8:45

hit in the snout with a rolled up

8:47

newspaper or maybe like a dog who was

8:49

just told they're gonna be adopted by Kristie

8:51

Noem. Ah! Ha ha

8:53

ha ha ha. Awful, just awful.

8:55

Just keeps changing her story though. Prosecutor's

8:58

dream. So you also

9:00

said Trump is not just an indicted defendant

9:03

in four criminal cases, he's now an unindicted

9:05

co-conspirator in Arizona and Michigan. What does it

9:07

mean to be an unindicted

9:09

co-conspirator? Explain, Councillor. So

9:12

it means one of two things. It means

9:14

either you will be indicted in the future

9:17

if you've been named as an unindicted co-conspirator,

9:19

but it doesn't necessarily mean you're going to

9:21

be indicted. It means that as part of

9:24

the larger prosecution, prosecutors

9:26

will wanna introduce evidence of

9:28

what you as an unindicted

9:30

co-conspirator did as part of

9:32

the conspiracy to inform the

9:34

jurors what all of the

9:36

other participants did. But here's

9:38

the thing, remember in the

9:40

DC federal prosecution of Donald

9:42

Trump, he's the only indicted

9:44

co-conspirator and Mark Meadows, Rudy

9:47

Giuliani, Sidney Powell, Kenneth Chesbro,

9:49

corrupt DOJ official, Jeffrey Clark

9:51

are the unindicted co-conspirators. I

9:53

can, I'll bet my full buck

9:55

that's my betting limit. I'm not a gambling man or a

9:57

high roller. I'll bet my full buck on Jack

9:59

Smith. Indicting all of those other people

10:01

I just named. Probably

10:04

in the coming months. Is

10:06

someone going to say, did you order the coat of orange?

10:10

Okay, just keep going here. You

10:12

said now the judge ... What's that little

10:14

jiggle? He's giggling. You said him to jiggle.

10:16

A little prosecutor jiggle. You

10:19

tweeted, now the judge of Michonne found beyond

10:21

a reasonable doubt that Trump violated New York

10:23

state law nine times, held him in criminal

10:25

content. What should happen in Trump's other

10:27

criminal cases regarding his pretrial trial release?

10:29

You're the only one I've heard bring

10:31

that up. That is relevant in a

10:33

normal country with a normal set of

10:35

laws. Start sounding

10:38

the alarm because he is on pretrial

10:40

release in four felony cases and the

10:42

condition of his release in those cases

10:44

is that he not violate any federal

10:46

state or local law. Judge Michonne just

10:49

found beyond a reasonable doubt, Donald Trump

10:51

violated New York state law nine times.

10:53

Please, please rise up, apply

10:55

the rule of law as it was

10:57

intended to be applied and somebody revoke

10:59

him on pretrial release and at least

11:01

begin to save our country. Yeah.

11:05

Yep. Boy, I play Judge Ludded

11:07

going into your segment. Go

11:09

ahead. The danger of this Supreme Court and

11:11

the immunity, they're clearly basically

11:14

granting Trump by delay. You

11:17

were talking about the time interview, which everybody should

11:19

read. You said, Trump signals he's prepared to

11:21

do January six all over again if he

11:23

loses the upcoming election. How will our institutions

11:25

of government respond to this threat with a

11:27

collective shrug? If so, we are slouching toward

11:29

the end of our republic. You

11:32

say he tells Time Magazine he won't rule out violence if

11:34

he loses. The question becomes, what the hell

11:36

are we doing? It's

11:38

so funny. Leslie Jones, of all people, tweeted

11:40

something like that. She

11:42

said, what I don't get is how we're

11:45

not seeing that we're creating our demise. I'm

11:47

so confused at this country. You all really

11:49

don't care what happens, huh? This animal has

11:51

completely taken advantage of our system, and we're just

11:53

letting him do it because we all want

11:55

to be right. I mean,

11:58

there is an element of that, right? party

12:00

just it you know that's how it

12:02

becomes a cult right yeah

12:04

you know stuff we talk about the

12:06

need for justice and equal application of

12:09

the laws until we're blue in the

12:11

face but now I am left with

12:13

the question what the hell are we

12:15

doing because Donald Trump is on trial

12:17

for having tried to steal and I've

12:19

maintained successfully stealing the 2016 election

12:23

with Russia's assistance hey Russia if you're

12:25

listening I'm a national and guileau try

12:27

the national quail I mean we're

12:29

learning how many way theory interfered but yeah go ahead

12:32

he then tried to overturn the results

12:34

of the 2020 election and now he

12:36

said in the 2024 election I'm gonna

12:38

replicate January 6th if I lose what

12:41

the hell are we doing Steph what the hell

12:43

are we why have we not addressed this

12:45

ongoing demonstrated danger to our

12:47

democracy that's the question I

12:49

cannot flip an answer yeah

12:51

yeah well to be continued as we

12:54

say watch the space as Rachel would say

12:56

we love you gun crusher you were so fantastic

12:58

in Philadelphia oh my god you and

13:00

Lindy Lee and Jojo from jurors what a panel we

13:02

cannot wait for the next one with you with

13:05

so much fun stuff I'm looking at the schedule now

13:07

and I want to get with you as soon as

13:10

I can okay okay love you man bye Glenn there he

13:12

goes justice

13:18

warrior