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The Trump Jury and the New York Judge's Gag Order

The Trump Jury and the New York Judge's Gag Order

Released Friday, 19th April 2024
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The Trump Jury and the New York Judge's Gag Order

The Trump Jury and the New York Judge's Gag Order

The Trump Jury and the New York Judge's Gag Order

The Trump Jury and the New York Judge's Gag Order

Friday, 19th April 2024
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0:00

U.S. businesses thrive on Alibaba's online

0:02

marketplace, where sales by American companies

0:04

to Chinese consumers added $53 billion

0:07

to the U.S. economy in 2022. Discover

0:12

more at alibabaparisbusinesses.com.

0:18

From the opinion pages of the Wall

0:20

Street Journal, this is Potomac Watch. The

0:24

New York hush money trial of Donald Trump

0:26

finishes its first week by ceding 12

0:28

jurors and six alternates

0:31

as Trump chafes against the judge's

0:33

gag order. Plus, the

0:35

Senate votes to summarily dismiss impeachment

0:38

articles against Homeland Security Secretary

0:40

Alejandro Mayorkas. Welcome. I'm Kyle

0:42

Peterson with the Wall Street

0:45

Journal. We are joined

0:47

today by my colleagues, editorial board

0:49

member Manet Uchwe Barua and

0:51

columnist Bill McGurn. Judge Juan Mershan

0:53

intends to start hearing evidence on

0:56

Monday in the first

0:58

criminal trial of Donald Trump after spending

1:00

much of this week on

1:02

the task of picking a jury. And

1:04

it must have been a strange experience

1:06

for Donald Trump sitting there in the

1:09

courtroom listening to questions asked of

1:11

these jurors about him, statements

1:14

made by the jurors about him. Here's

1:16

one. This is from the Washington Post

1:18

live blog of events there in the

1:20

courtroom. One potential juror saying, I'm

1:23

born and raised in Brooklyn and New York, and I've kind

1:25

of spent my whole life knowing

1:27

about Donald Trump. Another asked whether he

1:29

had views of Trump saying, not strong

1:31

opinions, but as a want to be

1:33

hockey player, thank you for fixing that

1:35

woman ring that no one in the

1:37

city would fix. Not everything

1:39

positive though, one juror was disqualified,

1:41

struck for cause by the judge

1:44

after Trump's lawyers raised questions about

1:46

social media posts she had made

1:48

in 2016, saying that we

1:50

must protect the rights of people at risk. From

1:53

this racist, sexist narcissist, unquote,

1:55

and it must be an

1:57

odd experience to sit there.

2:00

There's a very famous. Defendants.

2:03

Listening to the views of a random selection

2:05

of New Yorkers have of him. But what

2:07

do we know now about the twelve jurors

2:10

to have been selected to a pass judgment

2:12

on the case that is being brought by

2:14

Manhattan District Attorney Alvin Bragg? Well, we know

2:16

that it's a New York Juri and there

2:19

is no getting around that fact. I think

2:21

listeners might remember that when the charges were

2:23

first brought by of and bragged Trump tried

2:25

very hard to get a change of venue

2:28

because he knew that the been had and

2:30

jurisdiction in which has been charged. Is

2:32

going to be place where it's will be

2:35

very hard to find twelve sympathetic or even

2:37

truly neutral people. Obviously New York is known

2:39

as one of the most progressive cities in

2:41

the country. and to read the coverage of

2:44

the identities just and sketches that of the

2:46

recording that's come out from people who are

2:48

in the courtroom during selection they see mostly

2:51

to fit the bill. I mean you can

2:53

correct me if you think I'm being unfair

2:55

kyle. but the rundown of some of those

2:57

personalities you have people describing the places where

3:00

they get news and just about everyone sides.

3:02

To New York Times, The National Public Radio,

3:04

some other very well known left leaning outlets.

3:06

Most of them mention that they do have

3:08

views on Donald Trump and to read between

3:10

the lines, you could kind of see that

3:12

most of them were unfavorable. Not all of

3:14

them. There was one lady who lived in

3:17

Harlem who said that she'd play for Trump

3:19

speaks his mind and for the most part

3:21

they were saying that they have disagreed with

3:23

some of the things that he done during

3:25

his presidency. Set the line at the test

3:27

that was given to them of course was

3:29

not. Do you have any opinion about Donald

3:31

Trump's because. To be fair it would be

3:33

impossible to find jurors anywhere in the country

3:36

who didn't The test was can you be

3:38

impartial despite your views and he would hope

3:40

that for some of them that's true. But

3:42

if you're Trump listening to these responses that

3:44

there are giving through going to find a

3:46

very hard to believe and with good reason

3:48

and so I think a lot of people

3:50

are going to be a looking at the

3:53

charges which as we have pointed out seem

3:55

like a stretch and various regards the thirty

3:57

four town So election fraud distance Trump is

3:59

being charged. It's a seem to be

4:01

very novel legal theory it's But it's

4:03

very possible that because the jurors are

4:06

coming from a standpoint of being skeptical

4:08

trump and perhaps a little bit willing

4:10

to lean in the direction of convicting

4:12

instead of it and of being muddled,

4:15

and if the prosecution's able to make

4:17

a decent case, we might have a

4:19

foregone conclusion. Terms of how this is

4:21

actually heard and that's really hard to

4:24

get around. It is an anonymous juri,

4:26

so we have sketches of. If

4:28

these twelve people and their media

4:30

consumption habits and so forth, their

4:32

professions where they live, but not

4:35

much more than that. we don't

4:37

have names. There was a juror

4:39

juror number two who was selected

4:41

earlier this week and the media

4:43

had described her as and in

4:45

college. he nurse. At. Memorial

4:47

Sloan Kettering. Living on

4:49

the Upper East Side with her fiance

4:51

and who likes take your dog to

4:54

the park and the next day she

4:56

came in and said that family friends,

4:58

colleagues had more or less guessed that

5:00

it was her and identified her from

5:02

those details and began pushing things to

5:05

her phone. And so she was that

5:07

excuse. The. Judge subsequently ass the

5:09

reporters in the room to be

5:11

more circumspect about the way they

5:13

described the jurors to not give

5:15

his physical attributes of them, which

5:18

he said serve no purpose at

5:20

all, and he said that he

5:22

would strike from the record any

5:24

specific names of their present or

5:26

past employers, even though he acknowledged

5:28

that the lawyers for both sides

5:30

might need that information to be

5:33

discussed inside the courtroom as they're

5:35

making decisions about how to use

5:37

their strikes. of jurors and so

5:39

forth but bill there's been some discussion

5:41

of the fact that as been a

5:44

says this is a new york jury

5:46

pool and so he this twelve people

5:48

we have to people who are lawyers

5:51

one of them is described as a

5:53

civil litigator one of them is described

5:55

as a corporate lawyer and some speculation

5:57

about whether that might be saved to

6:01

Donald Trump here because remember the

6:03

case that is being prosecuted is

6:05

this falsification of

6:08

business records, felonies. And

6:11

in order to prove that, the prosecution

6:13

has to prove beyond a reasonable doubt,

6:15

not only that Donald Trump falsified these

6:17

business records, but that he did so

6:19

with the intent to commit or conceal

6:22

a second crime, which might be tax

6:25

fraud or which might be a campaign

6:27

finance violation. Bill, what do you make

6:29

of the idea that having

6:31

two lawyers on this jury might suggest that

6:34

there are at least two people in that

6:36

room who are really dialed into this fact

6:38

that that second crime

6:40

has to be proved beyond a

6:42

reasonable doubt? I don't know that

6:44

lawyers are any better in these

6:47

questions than ordinary people. Look, we've

6:49

discussed before, I think this is

6:51

a very flimsy case with

6:53

a lot of dubious legal

6:55

theories behind it, taking a

6:57

misdemeanor and strapping it

7:00

to another crime to get a

7:02

felony, 34 felonies. So

7:05

I think there's a lot of openings

7:07

for appeals later. I don't know how

7:09

it's going to be settled. I do

7:11

think Trump's had disadvantage. A Manhattan jury,

7:14

most of the people voted against what

7:17

was it, 80 something percent for Joe

7:19

Biden, but he has one

7:21

advantage in that he really doesn't

7:23

have to win. He doesn't

7:25

need a not guilty verdict. He needs

7:28

just one person not to go along

7:30

with the guilty verdict. So

7:33

the prosecution needs a unified jury

7:35

and Trump just needs one person

7:37

to have doubts to have it

7:39

in. Now, again, they could retry

7:42

him, but I think that's highly

7:44

unlikely given these kind of charges.

7:47

They may even up a little bit. Hang tight.

7:49

We'll be right back in a moment. US

8:00

economy in 2022. Discover

8:03

more at alibabapowersbusinesses.com.

8:11

Welcome back. Another question that has gotten

8:13

some attention this week is the gag

8:15

order issued on the defendant Trump by

8:18

the judge. Let's listen to a clip

8:20

of Donald Trump outside the courtroom on

8:22

Friday, making the argument that this gag

8:25

order should be lifted when the

8:27

judge has a hearing on it next week. The

8:57

gag order issued by Judge

8:59

Mershon, to my eye, is

9:01

mostly a pretty narrow order.

9:03

He cited an obligation to

9:05

prevent outside influences, including extrajudicial

9:07

speech, from disturbing the integrity

9:10

of the trial. And so the

9:12

order says that Trump is not

9:14

supposed to, while the trial is

9:16

going on, make statements about probable

9:18

witnesses in the case, court staff,

9:21

and staff, as well as their families, and

9:24

jurors, and prospective jurors. And

9:27

the argument for this

9:29

kind of order in a proceeding like this

9:32

is to prevent statements

9:34

that might be arguably

9:36

intimidating to witnesses, jurors,

9:38

people who are anonymous.

9:40

In one of the federal cases, for example, one

9:43

of the witnesses might be an IT

9:45

staffer at Mar-a-Lago, the club

9:47

in and that

9:49

person is not famous. That person does

9:51

not have a big microphone or platform

9:53

of their own. And the same is

9:56

true, I think, of these jurors and

9:58

potential jurors. And as the excuse, of

10:00

juror number two earlier this week

10:03

shows asking these people to dive

10:05

into this case for

10:07

the good of justice in order to

10:09

guarantee that every defendant has the right

10:11

to a trial by jury of their

10:13

peers, which is guaranteed in the Constitution.

10:15

That's an easier list if those people

10:18

who are anonymous and again don't have

10:20

their own platforms and their own microphones,

10:22

if those people think they are protected

10:24

from the Trump tweet or the Trump's

10:26

truth social post as it may be

10:28

these days. All right. I think the

10:30

question of the gag order is

10:32

completely fascinating and fraught issue at

10:34

the heart of this case. On

10:36

the one hand, gag orders obviously

10:38

are run of the mill in

10:40

high stakes trials to protect witnesses

10:42

from intimidation. They want to know

10:44

that they'll be able to appear

10:46

without being attacked or publicly slandered.

10:49

And that's even more important in

10:51

this case because the defendant is

10:53

someone who has massive national and

10:55

international reach and incredible loyalty among

10:58

his followers. And so if Trump

11:00

were to attack one of the anonymous

11:02

witnesses, he could really completely change their

11:04

lives, their reputations, and maybe even bring

11:06

a threat upon them. And so, as

11:08

you said, Judge Murchin issued this gag

11:10

order, which was circumspect

11:12

in some ways and was meant to protect

11:14

witnesses from exactly that, the idea that Trump

11:17

could name them publicly and they would be

11:19

perhaps intimidated from appearing in the first place

11:21

or if they did would face reputational damage.

11:23

But if we back up to the very

11:26

beginning of the trial, as listeners will remember,

11:28

there is another issue which cuts in the

11:30

other direction, which is of course the fact

11:32

that Trump is a presidential candidate, as he

11:35

was alluding to in that clip. And he

11:37

has to be able to defend himself, not

11:39

just in the courtroom, but publicly. And

11:41

if he thinks that there are witnesses who are

11:44

biased, of course he's going to want to be

11:46

able to make that case publicly. And the same

11:48

goes for Judge Murchin and others. He wants to

11:50

be able to say and has a lot of

11:52

reason to say that this is a

11:55

biased proceeding, that the charges should never have

11:57

been brought, and that's something that American voters

11:59

need to hear. perspective on to be

12:01

able to make the choice that they really

12:03

want to make in November. And so trying

12:05

to get that balance right is a

12:07

very difficult one. I think as you

12:09

were implying, one of the standards that

12:11

should be used to differentiate between what

12:13

Trump is able to say and what

12:16

he isn't is who the target of

12:18

his attacks is. Judge Merchant

12:20

himself, of course, is a public figure. Even

12:22

if he's not famous, he is clothed in

12:24

the official power of the government and has

12:26

willingly stepped into that role as his profession.

12:29

So Trump wants to attack him. He

12:31

should be able to take that. And I think

12:33

the same goes for Michael Cohen, of course,

12:35

who has become a household name over the

12:37

course of the past several years of being in

12:39

Trump's orbit and who has been willing to

12:41

go on television and attack Trump and call

12:43

him a liar himself. He's obviously

12:46

going to be a key witness for Alvin

12:48

Bragg in the prosecution and Trump wants to

12:50

discredit him. And it seems very

12:52

reasonable to think that Trump should be able

12:54

to do that. If he's going to be

12:56

attacked publicly, he should be able to defend

12:58

himself publicly. But it's very difficult from the

13:00

perspective of Judge Merchant to create a

13:02

gag order that is able to narrowly

13:05

differentiate among these different types

13:07

of people. I don't know

13:10

what ability, if any, he has to amend

13:12

the order he's already given or if he

13:14

would be willing to do that. But it

13:16

does seem as if Trump has the slight

13:18

edge in this argument saying that he's being

13:20

constrained a little bit too tightly as currently

13:22

stand. A couple of good points from an

13:24

either that I would underline. One is that

13:26

the gag order issued by the judge does

13:29

not protect the judge himself and

13:31

also does not protect the district attorney,

13:33

Alvin Bragg. And I think

13:35

I agree appropriately so because those are two

13:37

people who have public offices

13:39

and are presiding over

13:42

this trial or in the DA's case,

13:44

bringing these charges. And nothing in this

13:46

gag order prevents Donald Trump from going

13:49

online, going on truth social, and

13:51

lambasting the judge and lambasting the district

13:54

attorney. On the point about Michael Cohen,

13:56

I think that's an interesting one because

13:58

he is on the potential. potential witness

14:00

list here and so would be protected from

14:02

criticism under the terms of the order as

14:05

I read it right now. But

14:07

Michael Cohen is a public figure in his own right

14:09

and has been on something of a

14:12

media tour lately. Let's listen to him

14:14

on MSNBC this past weekend. Every time

14:16

Donald opens his mouth, you know that

14:18

something non-truthful is coming out of it.

14:21

We also know that he's not a

14:23

good defendant. He's not a good witness.

14:26

We watched that with the E. Jean

14:28

Carroll case when he couldn't even identify

14:30

E. Jean Carroll and

14:32

confused her with Marla Maples.

14:35

He is not a good witness.

14:37

He's not going to take the

14:39

stand. In fact, I hope that

14:41

I'm wrong because I think that

14:44

would be absolutely classic for America

14:46

to be able to see Donald

14:48

Trump on the witness stand trying

14:50

to defend himself in a case

14:52

that's indefensible. Bill, one of

14:54

the things that the prosecution is now

14:56

citing as it asks for the

14:58

judge to hold Trump in contempt for violating

15:01

the gag order are truth

15:03

social posts attacking Michael Cohen. Trump

15:06

called Michael Cohen a disgraced attorney

15:09

and a sleazebag. And

15:11

it seems to me that those are probably

15:13

in violation of the terms of the gag

15:15

order. On the other hand, it's an odd

15:18

sort of asymmetry if the witness

15:20

can go on national television and call

15:22

the defendant a liar and the defendant

15:24

is not allowed to respond. Yeah, I

15:26

mean, that's you just made Donald Trump's

15:28

argument. This is the problem with the

15:31

order. Gag orders are not unusual. Usually

15:34

they apply to both sides. But

15:36

as we see with this case, everything

15:38

is going to be contested and have

15:40

wrinkles we didn't know about. We have

15:43

to remember Donald Trump thinks rightly, I

15:45

think these are charges that never should

15:47

have been brought. It's an unfair trial.

15:49

And I think he's trying to make

15:51

that case to voters because he is

15:53

running for president. So his

15:55

primary thing is he's kind of saying,

15:58

I'm not going to win the court. So I'm

16:00

going to make my case outside.

16:03

And the problem is that's kind of a

16:05

trap for the judge and

16:07

the prosecutors because the more they

16:09

punish him, the stronger seems this

16:12

case that he's being punished

16:14

in a unique way. So

16:16

I think we're going to see a lot

16:19

more of this before the trial ends. I

16:21

think you're right about Michael Cohen, the problem

16:23

in the distinct double standard that he can

16:25

talk, he can go on TV, in fact,

16:28

and Trump can. Trump's going

16:30

to exploit all those things, which may

16:32

not help him in court, may hurt

16:35

him in court, but it may help

16:37

him politically. But that dynamic, that political

16:39

dynamic is worth keeping in mind for

16:41

the judge, potentially Monet, because Donald

16:44

Trump may want to be sanctioned here. Politically

16:46

there might be nothing better for him

16:49

than getting some enormous fine for breaking

16:51

these gag orders or getting sent to

16:53

jail for some period of hours

16:55

or a day or two. I

16:58

think that the judge probably has

17:00

an instinct to vindicate the authority

17:02

that he has to maintain decorum

17:05

over the proceeding that's happening in his

17:07

courtroom. But there is an element of

17:09

not giving Donald Trump in

17:11

this case, maybe what he actually

17:14

wants. I do

17:16

think that the decision in front of

17:18

Judge Murchin about how to tailor the

17:20

gag order has more to do with

17:22

what's right and what's wrong. He should

17:24

seek to protect witnesses from

17:27

unfair attack and he should

17:29

seek to make sure that Donald Trump's

17:32

right to speak freely to his followers

17:34

is unencumbered and that he can still

17:36

make his case as a presidential candidate.

17:39

But frankly, it probably won't

17:41

be decisive in what Trump chooses to

17:43

do in the sense that if he decides

17:45

that he has more to gain politically by

17:48

making attacks, he's going to go ahead and

17:50

do that and probably think that the boost

17:52

he'll get from the support of his followers

17:54

is worth whatever penalty he'll have to face,

17:56

be it a fine or perhaps even the

17:59

possibility of a a jail sentence,

18:01

but I do think that it's possible

18:03

that it's already helping him, that he's

18:05

able to mention the gag order as

18:07

one more piece of evidence that this

18:09

case is being brought unfairly to push

18:12

him to the sidelines politically. That

18:14

the charges are completely trumped up, that

18:16

Joe Biden leaned on Alvin Bragg to

18:19

bring them. And again, there

18:21

are a lot of people who don't take much convincing

18:23

to believe that that's the case, given the number

18:25

of charges that Trump faces, the fact that just

18:27

about all of them were based at least in

18:30

part on novel legal theories, the fact

18:32

that this is unprecedented to have a

18:34

running candidate facing these types of charges

18:36

in the first place. And

18:38

so I think that he is going to

18:40

find a way to turn this to his

18:42

advantage, especially among his most fervent followers. And

18:44

he seems to already be doing that. Hang

18:46

tight, we'll be right back after one more

18:48

break. Max Levchin

18:50

was one of the original co-founders of PayPal,

18:52

and now he's leading one of the biggest

18:55

players in the Buy Now, Pay Later business.

18:58

And as CEO of a firm, he's going head to

19:00

head with the credit card company. Credit,

19:02

generally speaking, is good. America runs

19:04

on credit. I think we let ourselves illustrate

19:07

when we decided that credit cards is

19:09

the optimal way of borrowing money. Here

19:12

an in-depth version of our conversation

19:14

with Max Levchin for WSJ's take

19:16

on the week, plus other exclusive

19:18

content on WSJ special

19:20

access, only for WSJ

19:22

subscribers on Spotify and Apple Podcasts.

19:27

Don't forget you can reach the latest

19:30

episode of Potomac Watch anytime. Just

19:32

ask your smart speaker, play the Opinion

19:34

Potomac Watch Podcast. From

19:39

the opinion pages of the Wall Street Journal,

19:41

this is Potomac Watch. Welcome

19:45

back. Let's turn to a

19:47

piece of news in Congress this

19:49

week. Earlier this year, the House

19:51

of Representatives passed two articles of

19:53

impeachment against Homeland Security

19:55

Secretary Alejandro Mayorkas, Article I for

19:58

Willful, and the House of Representatives. and

20:00

systemic refusal to comply with

20:02

the law, and Article

20:04

2 for breach of public

20:06

trust. Those articles were then

20:09

delivered over to the Senate where

20:11

impeachment articles are tried. And

20:13

what the Senate decided to do was to

20:15

dispose of them summarily. One of

20:18

the votes was 5148, with

20:20

Republican Senator Lisa Murkowski voting

20:23

present, and the other one was 5149. The

20:27

argument from the Democratic leader in the

20:30

Senate, Chuck Schumer, was that these articles

20:32

did not meet the constitutional standard of

20:35

high crimes and misdemeanors. Now

20:37

let's listen to a piece of the House

20:40

Speaker Mike Johnson and his disappointment at the

20:42

Senate's move. There should have been a full

20:44

trial. The American people should have

20:46

been able to see the evidence and evaluate

20:48

for themselves, what I think they know already

20:51

intuitively, and that is that Secretary Mayorkas had

20:54

a fantastical breach of duty.

20:56

I mean, he breached his

20:58

constitutional responsibility. He's openly defied

21:01

the federal law on immigration and the will of

21:03

Congress. In my view, he

21:05

has lied on multiple occasions to Congress

21:07

under oath, and I think he's done it to me when I

21:09

used to serve on the House Judiciary Committee. And

21:12

my view, I believe, my evaluation

21:15

is he's probably the least effective,

21:17

and I think most dangerous in terms of

21:19

his policy implementations of any

21:22

cabinet secretary in the history of the United States.

21:24

What are you making this as a

21:26

political end to the impeachment push for

21:28

Secretary Mayorkas? Well, we knew

21:30

what was coming wasn't going to result in

21:32

a guilty finding. It's lamentable.

21:35

I actually think you can make

21:37

a case for impeachment for dereliction

21:39

of duty. I do think you

21:41

can make that case. I think

21:43

that prudence would say it was

21:46

not wise to bring that in

21:48

the circumstances, meaning a Democratic

21:50

Senate that would never convict. And

21:53

also all the other investigations, the

21:55

impeachment for the president, all the

21:58

other things going on. a

22:00

lot of freight to put on Congress

22:02

at this time. And I think the

22:04

Republicans probably would have been better off

22:06

interviewing and printing their findings than leaving

22:09

it to the people to decide. The

22:11

Republicans are winning on the immigration issue.

22:13

I don't know that

22:15

impeaching Mayorkas, like finding them

22:17

guilty, would make much difference

22:20

to that. And to my

22:22

eye, it looks like another exercise in

22:24

defining down the constitutional power of impeachment.

22:26

And part of it is the

22:28

political case that Bill just made,

22:30

that if you have divided government

22:32

and you have a Senate that

22:35

is no way, no how going to

22:37

convict Alejandro Mayorkas, then what are you

22:39

doing sending an article of impeachment over

22:41

there? The other piece of it from

22:43

the House's perspective, though, is

22:45

just that Alejandro Mayorkas, the Secretary

22:48

of Homeland Security, what he's doing

22:50

is he's executing the policies of

22:53

President Biden. And I agree that

22:55

President Biden's border policies have been

22:57

ineffectual and have been damaging to

22:59

the country. But that's on President

23:02

Biden. That is not on his

23:04

Homeland Security secretary. And the

23:06

Republicans need to make that case

23:08

in the election that is coming

23:10

here in a matter of months

23:12

to replace President Biden. And on

23:14

the Senate side, Monet, though, it

23:16

is a fascinating precedent now of

23:18

taking an impeachment article that has been passed by

23:21

the House and doing basically nothing

23:23

with it. And it seems to me that

23:25

if that's where impeachment is going, then the

23:27

next time that Democrats move an impeachment article,

23:30

Republicans, if they control the Senate, are just

23:32

going to do the same thing. Right. I

23:34

think I agree with you on both

23:36

counts. Yes, the Senate has generally

23:39

been understood to have the responsibility to

23:41

take up impeachment charges, but also that

23:43

it probably was a stretch on the

23:45

part of the House to impeach Mayorkas

23:47

on the charges that they brought against

23:49

him. If you look at Article

23:51

one of the Constitution, it does say that

23:53

the Senate shall have the sole power to

23:56

try impeachment. It doesn't say that they must

23:58

do that. But historically, when presented with

24:00

charges, they have always taken them up and

24:02

rendered a verdict, much in the way that

24:04

a jury considers charges that come

24:06

out of a grand jury indictment. They believe

24:09

that they have a responsibility to sit and

24:11

they also have the ability to structure the nature

24:14

of the trial. And so if they wanted to

24:16

do it in a short, inderexpedited version, because they

24:18

believe that that's all these charges merited, they could

24:20

have done that. But as you

24:23

and Bill were saying, they did take

24:25

a fairly unprecedented step in dismissing them

24:27

without actually weighing evidence. And that hurts

24:29

them politically because it suggests that

24:31

they aren't taking seriously charges

24:34

that were made against Mayorkas and the Biden

24:36

administration's handling of the border. And it also

24:38

is something that is going to create a

24:41

foundation for the same thing to happen again,

24:43

perhaps when more serious charges are brought against

24:45

a sitting officer of the United States. And

24:48

so we could be descending into a

24:50

situation in which houses are very quick to

24:52

impeach, but when the Senate is controlled by

24:54

the opposite party, that doesn't actually get taken

24:57

up and which could be

24:59

a dangerous situation. The issue will be

25:01

handled eventually in November, but Republicans are

25:03

going to keep making their case that

25:05

Biden and Mayorkas mishandled the border and

25:07

are going to be running on that

25:09

and making the case before voters as

25:11

they ought to. I think

25:13

that the whole impeachment process was really

25:15

just a move to aid that. They

25:17

didn't think it was enough to be

25:19

repeatedly saying that Biden has

25:21

led to the biggest influx of illegal immigration

25:24

in this country's history, but wanted to show

25:26

that they had taken action. And impeachment is

25:28

something that they felt that they could reach

25:30

for in order to get that message across to

25:32

their supporters. So I think it was a stretch

25:34

on the part of the House Republicans to bring

25:36

it. But ultimately, this was all

25:38

about politics to begin with. And the better

25:41

move for them is going to be continuing

25:43

to show the worst examples of

25:45

what exactly the Biden administration has done and

25:47

put it before voters so that they can

25:50

make their choice in November and potentially

25:52

lead to an actual change in policy.

25:54

Thank you, Manay and Bill. Thank you

25:57

all for listening. You can email us

25:59

at pwpodcastatwsj.com. If you

26:01

like the show, please hit that subscribe button,

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and we'll be back next week with another

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