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May 13, 2020 1:00 pm
Jay Sekulow live a federal judge lays by DOJ to drop the fleet case, an overview of my dad Supreme Court oral argument yesterday about the present trouble documented today a Jay Sekulow lot line from Washington DC Jay Sekulow supporters of Michael Flynn thought that it would be just a mere formality for Judge Emmet Sullivan to sign off on the DOJ's decision to drop the Flynn case and then vacate his guilty pleas. But Judge Sullivan has got other ideas. He is now inviting outside group outside invited people defy what are called amicus curiae briefs or so-called friend of the court briefs from anyone who would like to weigh in on what the DOJ decided to do and how Judge Sullivan should respond. Phone lines are open for your questions right now. Call 1-800-684-3110 eight era prosecutors included Richard Benvenuti stated they have filed a notice with Judge Sullivan that they intend to file an amicus brief arguing that Sullivan still has the authority to sentence Flynn to jail and now your home secular in the Michael Floyd saga where it appeared Michael Flynn will finally be getting the justice he deserved attribute set up by the FBI what the Department of Justice called illegitimate investigation to begin with Strickland about the unmasking by Obama administration officials of Mike Flynn, DNI, the acting DNI Rich Richard rebel. He has a record now has actually declassify those names that he has not turned them over get to the Senate with the grams asking for that but that could be done very soon and it could be released to the public. We also don't know how this judge's new order and this is bizarre now here if you thought that the ACLJ we file amicus briefs all the time. Real father typically ever verify that a criminal case that went to the Supreme Court in the collocation also on a side issue, but not on their usual removal of a plea yet. I have been into by defendant yet so so here what we have wasted where the judge DC is going to allow for amicus briefs to be filed in oral arguments to be presented about why the Department of Justice decision was wrong. Now we've explained to the broadcast that wasn't done for Michael Flynn until the judge accepted the DOJ's do brief that they filed withdrawing the pleas that he could bash were fresh from DOJ presentation from DOJ would be that bizarre know because he has to do.
He does have to accept it, so no need to tell this judge that he has the power to reject her or not the DOJ. This is all originated by a group that wrote, we investigated the Watergate scandal.
We believe from should be impeached as the 17 form Watergate special prosecutor's. I suspect that what this is good. Now I'm going after general Flynn, but I suspect also be trying to go after the Atty. Gen. who took the appropriate action by confessing, having the Justice Department remove the charge of motion basically grants the motion to withdraw the plea because the nature of what took place there was completely unconstitutional, unconstitutional in the just a general Flynn unprecedented under criminal law what was going on in most cases where a prosecution whether to local federal if they were to submit this to a federal judge I be the judge in the case state judgment, but the trial court judge in the freezer accepted yet but many will you seek is recent outside parties. No, to criticize and make this more political which is exactly this judge juts up Sullivan with respect to the court is making a tremendous mistake in his past decisions.
He's never allow this. I think he is a standing order prohibiting it and I guess you know this is changed everything. So I will walk you through this and think any kind was rejoining us to become a walk-through. What this could be. I think ultimately general Flynn.
The charges get dropped, but what I just I just don't like this this this environment is creating apartness, requiring that the presence can have to the general Flynn snap to go through a process again publicly in a courtroom.
We have a bunch lords and have nothing to do with the case or the just thing we don't think you should allow general Flynn to withdraw his plea even though the prosecutor said you should make anything on it that it is not the rear seat like politicized constitutional law civil cases in the politicization of criminal cases is pretty scary stuff under unrealized. Being a parent rising IRS targeting things like that but even worse in the situation will take your calls 164 30.
What did remember sitting next to me he was representing the present yesterday by phone where we are right now at the US Supreme Court will place out that today as well on the broadcast challenges facing Americans are substantial time and are now free to sort constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice ACLJ on the frontlines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms than remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you. If you're not well this is the perfect time to stand with us ACLJ.where you can learn more about her life changing, member today ACLJ only one. A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally location includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activists.
The ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the and what Obama care means to discover the many ways your membership is empowering the right question for you, mission life today online ACLJ/Michael Flynn matter. Why well because the judge the cases decided he can have amicus briefs to the criminal case.
Federal criminal case for those who want to criticize the department of justice that I guess it's report that it just opened up the ACLJ to follow because brief agree that on the part of Java rate. Let's not they were to do that by what is a lot that I want to see with the order actually how they were defined and the ever coming in all the criminal cases. You try to see you at Assistant US Attorney is enacting US attorney had you ever had this happen never happened before in the 45 years of practice applying most of which I've been a federal and state prosecutor is the judge on's ability upon motion of the government to dismiss the case to simply say the case is dismissed and the case is over.
I have never heard a free-for-all in a criminal case where it's come on, let me hear what you gotta say, if you want to put in your order in the water listen to you. This is something that is unprecedented. I thought I'd heard it all. But Judge Sullivan has added something new to my store of knowledge reaches from his order to sort orders, minute order, given the current posture of this case, the court anticipates individuals and organizations will seek leave of the court to file amicus curiae briefs, pursuant to local civil rule 70 there is no analogous rule in the local criminal rules. The local civil rules govern all proceeds of the US district court physician of Columbia is very bizarre here so there's no in the criminal rules. Please take a few successful role of constitutional law in an index trial would appear like a separate issue. I went to appeal.
You could have, but I can imagine before the trial court trial court allowing amicus participation in the trial proceeding now and he was also interesting to me. Hear the way this is worded. Technically, the American Center for Law and Justice could file a brief while I know we have a right to be heard.
If the 25 or 17 all Democratic prosecutor may revive from the next, including Benvenuto's theological Obama and all those who wrote the editorial for the Washington Post favoring the impeachment of the President prompts, but there are two since then why in the ACLJ be heard on this question anybody on the street, not like to be fair to Mike. I can win with the reaction general argument, that's not just I brief you get to file you actually get to go at present before the judge or a given oral argument at a District Court level criminal case federal court so I sorted from US attorney stay but you never see this before, but any sitting in seat before but here's why Jim another judge in the DC circuit, said Amy Berman. Jackson observed while there may be individuals with an interest in this matter.
A criminal proceeding is not a free-for-all. The court order scheduling order governing submission of any amicus curiae briefs.
What's so ironic about this to me and he is you not have a free-for-all in a criminal proceeding. That's exactly what this invites well judge so that is it minute order Jay Berman. That statement that a criminal case is not a free-for-all, and furthermore he is appealing to the local level rules of the District Court when the criminal proceeding I don't know what coming from or what got into him. I have no idea because this 100 684 31 two that's what hundred 684-3110 Jim in California line luncheon welcome to Jay Sekulow live your on the air call I is required on the rule of law and not everybody situations we file amicus briefs all the time. District court level to the trial court level criminal cases, there may be issues with the big constitutional issue at MRI is out of yet.
We will court invites make us we should do it but in a criminal case. During the trial on a plea withdrawal.
Yeah, I'm made no sense.
So I me that this stage of this is not like eight interpreting the Constitution. This is giving the opportunity for partisan actors who already have shoulder partisan partisanship by writing an op-ed saying they wanted the President to be impeached. They supported that the Watergate prosecutors had been in Washington DC everything is just like the worst of Washington right here on display you see the Department of Justice do the right thing under Bill Barr by the ACLJ I think should look into filing a brief year because he's open the door to everybody. Why not present orally. He got you through court when I go on behalf of Bill Barton say the bar did the right thing. That's it was actually at stake here right question is, Obama's actions this thing here we have a separate branch of government inviting commentary on another branch of government's decision-making process and you're not actually that's the part of it that bothers me the most is the branch of government that is the lease directly accountable to the voters and there's a reason that it set up this way. I mean these judges are nominated by the head of the executive branch. He was directly accountable to the voters and then confirmed by the legislative branch is directly selected by the voters. Jordan why would a why would we allow a judge he does not have that accountability and make prosecutorial decisions. That is the entire reason the structure was set up that way becomes pretty frightening when they're able to do it adorn.
I think many here in Washington DC are asking the question when is enough enough I mean the Yaffe IDC field office decides to close the case in Peter Strock and Jim call me at present Obama overturning the Department of Justice who has the prosecutorial decision decides enough is enough were knocking to pursue it and now a federal judge's gonna reopen it. I think everybody wants to know when enough is enough. I think in any of sitting here thinking about it and and it's kind of incredulous with what we doing here and now he probably has the authority to do.
I does have the authority letting it out out of the ordinary to maybe take a writ of mandamus to the Court of Appeals here, but if the judge would open it up. She has to amicus participation and we were to file institutionally as the ACLJ not as a presence worst. But as the American Center for Law and Justice we have on our team.
Lawyers with significant US attorney experience including landing was a senior, head of the criminal division in Georgia and I was with the Department of the Treasury. We could bring quite a list, and he of lawyers that have had previous experience including previous apartment. Justice Lord I'm thinking of friends and mutual friends of yours and mine. In February I argued with identical case before the Georgia Court of Appeals, a witness in the K in a criminal case in which he was not a party. He was just a witness in a criminal case wanted to intervene in the criminal case because he said his reputation had been impugned by testimony that had been given and that criminal case in the Superior Court judge said no way a criminal K is an action between the government or the state and a defendant not for anybody walking down the street and feel oh I was impugned or someone did something wrong and my reputation is at stake like an expert witness or something of that nature. So I have just argued around waiting for a decision from the Georgia Court of Appeals on the same issue. Can you intervene either as an amicus or as a party in a criminal case if you're not the state or you're not the government. The answer is no, you cannot just let the guys the courts really harass those you disagree with me. I think that's the decision here.
Now another persuaded Heather Facebook and Judge Sullivan overrule attorney Joe Barth see part area is that Judge Silva doesn't have to accept the DOJ position. It would be bizarre dear Jay would appeal that they would likely ultimately with but he doesn't have to accept it. He doesn't have to get a bunch of people telling her that he's right on that to make that decision now. It it it it would be a decision. He would be highly criticized for bring up the whole issues of separation of powers that it brings up a lot of constitutional issues but he doesn't have to hear get a bunch of people supporting him on the record what he can do as a judge Randy Wright will not take a poll as to what it is that he should do. He is a judge's responsibility to look at the law. The law says, upon motion of the government that criminal prosecution shall be ended before a trial has commands.
There was no trial in this case. His job is to simply say okay prosecutor so ordered. So granite. End of story. If not his position otherwise to opine on an executive decision as Jordan pointed out, there are three branches of government was at band one of both of them were correct. The least accountable to the public as the judiciary, you're not a prosecutor here its collar motion opposing this says this court has consistently on 24 previous occasions summarily refused to permit any third party to inject themselves or their views into this case.
I now when there's about to be a removal of the plea. This is the time you want to enter it now. Let's hear from everybody now escorted the authority to do it before going to find out. I think a Lower Ct., District Court here would be reversed by the DC circuit but again that's delaying all this so give it some real talk to Andy after the program and I'm we can put together a list of prosecutors from long experience hundred two years work experience. Now we take your phone calls 100-684-3110.
Your comments on Facebook appears complete comeback will disavow overview of that Supreme Court efficaciously to these are these first Supreme Court cases ever not being held in front of the judges and for the judge by phone, not a person. There also broadcast live so that the sound for you already to play will talk about that represent the present United States Ct. What is a very different I will say I kind of feel what hundred 684 31 to go to ACLJ the only one. A society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying the American Center for Law and Justice right to life. We've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn gold mission will show you how you are personally publication includes a look at all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, when Obama care means many ways your membership is empowering the right question mission in life today online/challenges facing Americans is sort constitutional rights are under attack more important than ever with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.
Not well this is the perfect time to stand with us ACLJ.you can learn more about her life changing, member today ACLJ to Jay Sekulow like the stored security at your cousin Michael Flynn probably start her second half hour, it would update you all of you who've followed my dad's career follows work of ACLJ behalf for the United States Supreme Court unique opportunities outside of his work for the ACLJ but representing as you know is he has present crop and a private capacity. His private capacity, identify the capacity before the US Supreme Court answer he represent the present. I dated in the impeachment trial now before the US Supreme Court that was yesterday and these are these oral arguments are happening by phone lesson today.
The last what is today the court will go to the choral concert writing opinions of the other thing is the right thing and actually vote on this. Probably today, this will be is always awake his escape later and try thing will still get the decision at the end of June. I think primarily it's interesting because I'm going to talk about you over to show you how we did this yet. We have release the footage of the ship, but actually were able to fill my dad doing the oral arguments you can actually see what this looks like, but here we go IBCs and walk over there will show you what it was that what it was like yesterday and again this is so he had to set up an ovary going over there yet you got your bike is on to the yeah I think it is 11 slid over here can ace it can. It's big yet with this is that we had set up and the reason I did it this way was this is very good. We had this Aaron Hodges had a carpenter build this podium is very similar to the Supreme Court podium and then I had because I needed a focal point because that's the hard part hears you slightly Jordan.
There was a table with a table that was right next to us. Just like in the Supreme Court, and when they when she banged the work. She said only a or AA or AAA the beginning of the case by the beginning of the case.
A market for this all before the Hon. Supreme Court United to get their attention. Fitting United States and this honorable court stood up during that process because I respect for the exclusion of the court. There was a case before us is related case. My colleagues handled. Obviously, we were sitting here taking notes and working on it and then it came time for me to do the argument now because I wanted to get into the frame of mind of knowing that some people said they did it, but that sitting down they got in casual clothes. I worst blue suit, white shirt and red tie, ovary of a picture picture that Lucier blue suit, white shirt, red tie, just like I was at the swing states have a podium that is almost identical to this report.
We had set up with the microphone so that I could project and then cut and was all hardwired into hardlines and then I had called in years that were in my ear so I could see it and then for our purposes we need a video is a historic moment never have that again.
Of course, is already release that was already simultaneously out there. That allowed me to do also was to concentrate on focal points when justices asked questions, and so it sounded a little bit and I think it sounded more realistic than most of the other ones I may well find out what was what is unique, plaintiffs for people is that we I don't think I've ever seen it all the time to go to see your cases and other cases. Justice Thomas has a question.
It has happened before that a couple times yeah yeah but but in these cases been extremely active, yet it's been great outside tough question is intro a first-round question. Second-round questions follow questions so for people of not heard from Justice tops a lot. Let's play this is his first question to my dad yesterday. The oral argument is Justice Clarence Thomas, who is not very active, usually in asking questions in the oral arguments in person, but in these phone arguments is very of Seneca found his voice.
Justice Thomas language is a couple between Pres. Adams and Sen. Ellsworth where they talk about process against the President and they took the position that any process against the President would be constitutionally problematic, Jefferson of course I wrote in the C have regarding subpoena issued in the bird trial that allowing the local magistrates to pander about a sitting President from north to south and east to west and interfere with the President's responsibilities and this court in the previous argument to say that the burdensome nature of this categorical one subpoena is the potential for 2301% of 23 PAs issuing process against the present, but the concern over interference from our founding, the presence responsibilities. This document the Constitution's process to deal with it on TV. This is where we did it with American flags in the background.
Just try to create the right environment. I other college I noticed that the podiums as well on this and what was interesting was by having our video cameras in this place with. We have many of knowing I was being videoed in that sense but it allowed me to do with her lover so that video not will be another story. We may when it's all done, but what it allowed me to do was to really focus and by not having to have a a speakerphone here, but having the microphone would serve the same effect as a speakerphone, and I expect you to our technical team in the spring court was great and their technology in getting this done to pull that off you had thriving heavenly lawyers work eight lawyers involved in yesterday's hearings are cases with three cases. It went for three hours and 40 minutes for these cases even matter where our feet for a long long time. Usually this would be even if you had to cases like this, back to back me it would be one hour each case tight not allow for one minute usually split your time. It's like 20 minutes for you and to the solicitor Gen. and it was like on the first round.
I think I was almost 30 and he went about 25 and then the other side.
What about like to be 45 and I came back up again because they got the didn't have anybody splitting their time sitting at the same time you got, which was it instead of a what route basely by tightly let every Justice asked a couple questions yes enter subtype. Obviously, Chief Justice Roberts had some kind of time in his head about how long they got but it wasn't exactly was it specific is another bite of so we could put him at all yet there's every Justice you see it lit up for people yesterday. That is not what it was like I was about as written.
It looked like it was during the closing actually because I can see by the papers I had out at a table right next to that and I was able to just like us report had petition appendix. There had her third documents I knew I was going to need to have a mandate where available so I could just use them, but it went it went greatly the greatest challenges your not being able to read body language you don't see that the interaction the course of its is different. I mean you not courtroom the Supreme Court is grand Supreme Court has a special feeling to it. A special look it's unlike any other. Courts are united in our country. The time limits it like I was talking about the strict time limits that the life that you have it say if you will. You have to reserve your own time using the spring court hearing you got your you got rebuttal to go back to the next half hour will do some more general for the other segment on the case so those that may be joining an afternoon or later get the second half of the program you doing this morning. The combined we come back we'll talk more about Michael Flynn discussion to avoid any kind was well 164 30 went to the joyous people hold that right away.
This just very short break I Jay Sekulow live in a course follow all other up to ACLJ.org. Our social media pages as well. That's ACLJ that are Facebook, Twitter, ACLJ is been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side, you're already a member thinking. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow Jay Sekulow this is Jordan secular.
So you back deciduous summit Supreme Court discussion would want to go right back to what's happening Michael Flynn. Let's reset the pages. We did talk that last segment that's full microphone calls about this. The judge in the case judge if it's over these federal court judge district court judge in DC overseeing the Michael Flynn case issued what's called admitted orders very short, but it does have a lot of citations. It some interesting was is a lease I'll read the beginning. Given the current posture of this case is the Michael Flynn case, the court anticipates individuals and organizations will seek leave the court to file amicus curiae brief pursuant to local rule 70 there is no analogous rule in the local criminal rules, but the local civil rules govern all proceedings. The US District Court for the District of Columbia.
He talks to what amicus brief is his does a rep of the parties. This opens it up to even at the District Court level and not on a sub issue. Really, I make a set. The issue is that is released. It's not about whether Michael Flynn is guilty, not the issues is the Department of Justice making the right decision, but it's opening up to groups like us but that's in the focus is the focus is clearly on these Watergate prosecutors have already supported the impeachment of Pres. Trump. They've Artie notified the court that that they were file so we know what this is all about this incident. This will be not just an attack on Michael Flynn yet again, but it allows more partisan politics in our federal courts and foresee the criminal matter, criminal matter, but it's going to be an attack on the department of justice of the bar. I think that's exactly right. Mandy, you got that most expresses a US attorney among our group here.
It seems like to me that's what this is clearly an attack on the prosecutorial of the executive branch of government to the Atty. Gen. Bill Barr and the right of the government to make prosecutorial decisions as to who to prosecute and who not to prosecute. And it is not within the province of the judiciary. Then on a motion to withdraw a guilty play to take up all which is what he is doing.
Come one come all the let's hear from you and see what you got say and then I'll make a decision whether I'm gonna send this matter. Not that is not the function of the US District Judge. This is the first time I have ever heard of the judge, injecting himself into a criminal case in this matter without simply saying the government doesn't want to prosecute.
The government has the right to see starter prosecution. The government has a right to seek the prosecution to your phone calls 164, 31, Tillis Carolan, Illinois on line 5 Ron takes for hold on your idea okay like quick questions.
The Balkan Barker lien claim incompetent or ineffective counsel Michael Flynn is Artie part of his writing as part of his case. He switch councils that right so he has art Artie is argued that yet they were not effective, but that's not what's in city pounds than a phenomenal job that's in this case that would right and that's what this is about the know this is about the plea itself, but the plea was entered into under the previous counsel so that we were there blue-collar raises a good point that ineffective assistance of counsel claim be raised something like this and admit. Maybe I am talking I'm getting emails as well department where I'm getting emails.
Andy from former US attorneys and assistant US attorney, some from the tax division. People want to want to write on this. Well, I mean you know you can write the claim of ineffective counsel much any time you can do it in a habeas corpus proceeding after the plea and sentence has been entered by the court. But that's not the issue here. The issue here is simply, can the government prosecution and does the court have the right to interject itself in and say no thanks again a lot of phone calls to critic those costs refocus on taking more calls. The next segment of the broadcast. And again this is opening the door open notes. The liberal say AAA resort people. I got to get time. By the way, to present orally in front of this judge, and even that's my phone. Should we go supporting the decision by the department of justice.
I think this bit in order that prevents those who agree with the department of justice filing such as one sided that would be important is facing Americans or substantial time and are now free to sort constitutional rights are under attack more important than ever with the American Center for Law and Justice on the frontlines projecting your freedoms and rights in court in Congress and in the public and exceptional track record of success. Bottom line, we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member thinking well this is the perfect time to stand with us ACLJ.where you can learn more about our life-changing, member today ACLJ only when a society can agree that the most vulnerable in voice. Is there any hope for that culture to survive.
And that's exactly what you are saying the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn life will show you how you are personally publication includes all major ACLJ fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood. What Obama care means many ways your membership is powering the right question for you, mission life today online/Supreme Court cases my phone. I will say this is longer than spring court cases there, like Mike Bybee of the campaign-finance case of where they had barriers extended by before this exactly still was exactly how long have had to. This was you got two minutes of the beginning and will get back to work to do more of this in the next segment but you got your two minute opening it like a two minute closing yet. I think I and about. I actually think the court did a great job by golf the clerk's office did a great job. The justices were prepared. It's different. It's a completely different feel. Talk about that next segment but you know what they got it done and that means even the time of the pandemic institutions in the United States and work for you right back to full time at Michael Flynn in this matter.
Pam in Michigan online to Pam takes hold on your on the political okay with parents who surround the word cream.
I followed this quite a bit and it sure looks like treatment to me in your opinion, if the trainer and are not traces the death penalty. What you think about that for a moment. Pam, it's a disaster tedious what was going on and they feel like they're treasonous. I would say again I guess I reached the level of treason which is punishable by death. Constitutionally amazing what you think. You have to give aid and comfort to the enemy of the United States. I don't think the strikethrough facts that have been committed here. I think you got in the case of the development of District Judge who is injecting himself far beyond what the parameters of the Constitution intended for in article 3 judges that have in a criminal prosecution. I really that important part is aiding and abetting a foreign entity such as breaking the law or violating the Constitution, violated criminal law is aiding the bank but it does it's it's treacherous in its treason. This because it goes against the ideas of our founding exactly don't use your political purchase President which present Obama love doing that got away with lesser salaries for Sophia so far has and it was achievable in the Flynn matter is not Molly.
The judgment pay if we are all archetype, why not because I got to my thick libido ever with advanced baby and and everyone about everything about Obama being involved. We think even those of us who again did not get a lot of credit present. Bobby did give her the credit he was pretty good.
It shifted things around so he never had his hands on fingerprint something. This we did. Apparently he's people on the record under oath thing they learned about Michael Flynn's investigation by present from Pres. Obama that he was instructing DOJ attorneys about this thing about that one, because that that is what was the newest revelation in this unbelievable saga that continues to to roll-on what what your thoughts on that. All you have to read is present Obama's people's transcript to me. You don't have to read the people that were poser present Obama.
If you read Sally H. Transcript. If you read Mary McCord's transcript. James Klapper's transcript script, they all tell the same story.
Yeah, we knew there was no case there and we proceeded anyway. And why did we proceed with it anyway is because that's what Pres. Obama want it all, don't say it in the same words J but I mean I think Sally Yates testimony is maybe the most constructive is that she got hesitant on this, because why because the President was in the room and she needed to protect the President what she just didn't know at that moment she did know later. Even though she didn't reveal it is that everybody else in the room already knew that Pres. Obama knew CJ, you only have to go to Pres. Obama's own people and their words to confirm that he knew when we know that Andy is a big fan of Sally Yates. He claimed that he was dumbfounded and flabbergasted and had no idea what was going on. Don't believe that for a minute Britton conifer California online three printer. Luckily Jason. I expected and he was an essay which you did not always protect the K, which is what is what they were doing today. You know the fundamental tenet of the game of chess. No matter what you do protect your king, tell €40 a year thanks will not scare people, but I heard everything tomorrow.Jack, I really think how could Tyler working so because she had the phone call with the staff that they say call leaks, but obviously was predominant was in a really complained about to be released. There was a released Scott basically statement my present Obama highly political very unusual to hear from you for that that the four present, especially a the previous President about current things going on.
Usually they take a step back, they do bigger kind of issues and things like that too is highly critical of the decision by Atty. Gen. Bart and he told the staff that that audio is released within days and this is after the partner justice file.
This last week within a couple days that audio being out.
Judge Sullivan now has opened the door to those who agree with present Obama has no power to under our constitutional system to write recent present oral argument before the judge about why present Obama's position on Michael Flynn is right. Atty. Gen. bar was the Atty. Gen. confirmed by the U.S. Senate, chosen by the President but is the Atty. Gen. United states to charge the entire department just an FBI is wrong but it sounds like to me that this is Andy a set up of general Bart attempted shot at general bar and the present exactly what it is coming, the Atty. Gen. of the United States has made a prosecutorial to any of the US attorney in DC. I read the motion to concurrently allowing of the vacating of the play that is that is ultimate ultimately it is the decision of the President of the unitary executive directors Atty. Gen., in the interests of justice to do or not to do something. Okay so when Judge Sullivan does what he's doing. It is indirectly not directly an attack upon the Atty. Gen. and the unitary executive. The President that's exactly right coming up in the last thing is broadcast recast play loud sound from the Supreme Court case and go over to the area where I didn't do that in the last thing the bullets about we have any. Now let's try to go through these calls, yeah, let's go to Maryellen Illinois Mary Ellen Welker Jay Sekulow life will catch three wives and he didn't apprise me with the left going crazy. But my question to you. Can we keep requesting the great and then pushing that court dates in late November's election stinks extend out that Judge can do anything he wants for as long as he wants to do it unless the DC circuit.
Tell them otherwise because that is the power of the US District Judge even after rule. He can sit on. You can ask for amicus briefs.
You can ask for oral argument. He can reject the deacon.
Just as I said earlier not do anything he can do anything you want. That's why you have this life tenure and the this is the peril of that and the unaccountability of District Judge is there anybody series. The final word. Even on this amicus situation because I think the DC circuit could intervene upon appropriate motions being filed. So will check into that as well yeah it's because you can crash this party for them. The way he's opened the door the store that he wrote submission time I get that is a, like any said this is its extensive process. I was in my Nestlé gap is not just the written version of what he's also saying oral arguments not very general pointless trivia question calls Yep Jade South Carolina on my four hey Jay what the ship and praying and let me ask you put yourself in the pals. I think he's done a great job. Yes, why wouldn't you seek a writ of mandamus, you may well seek first, you may well seek every night was just talking to you may go to the DC circuit with a writ of mandamus. Here Andy that may be a very viable option. While I think it may mandamus court. The problem of mandamus, mandamus assembly is an order to from one tribunal to an inferior tribunal that says do your job rule. Do what you have to do. But rule so that mandamus may ultimately not be appropriate when the judge's thing I'm thinking this under consideration. It's not that I'm not doing what I'm supposed to do. I'm just taken my time to do it in a reflective fashion so we have to look into mandamus, but that is an option. I know I can imagine she's not high. She right to seek another call Claudette and Marilyn, I find clinically clear on the air, which I pray that he concluded with needed out to the guilty parties can new Democrat in exchange for public and state time for second glance of the first one is a really it's a really good question.
It will depend on what the final disposition of this case is if the plea is revoked in the case goes away. Could they reopen it. Probably nothing preventing it.
That would be such a political action. No, that the political retribution. It would be incredible.
So I think it would raise other constitutional rights talks. We will continue to take him to get into this Supreme Court.
What that was like yesterday and of course you want to face comparisons. See some of that what it was like as well. We come back always go to ACLJ.org as well. Only when a society can agree the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn will show you how you are personally publication includes all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, when Obama care me in many ways your membership is powering the right question mission life today online/challenges facing Americans is sort constitutional rights are under attack more important than ever with the American Center for Law and Justice on the front lines protecting your freedoms defending your rights in court in Congress and exceptional track record of success. But here's the bottom line we could not do more work to support we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.
Thank you. Well, this is the perfect time to stand with us ACLJ God where you can learn more about her life changing, member today ACL newest addition to that lighting right this because of this historic eighth Supreme Court will argument during a pandemic via phone.
We had a really great set up here in this case involved the work we had three cases involving the President. The first two were combined in one argument, my colleague Patrick Strawbridge did that one is while Mosley Deputy solicitor Gen. United States to fall and then I did the next case with the solicitor Gen. Noel Francisco. The good thing about doing the second one I was able to kind of argue and you know this torn all of them because they kept asking about more than the previous case and was the exact same subpoena. So, Congress issued a subpoena to record the present, including for the records of the Presidents kids. It was really absurd and then the Manhattan DA six months later. Copies of the subpoena and issues. It to the Presidents accounts for the his personal records including financial statements. Conditions of financial worth. And of course this tax returns that which is required by the Constitution, by the way, so those were the arguments and it was they were pretty it was my I would save all the arguments that have taken place over the 10 that they selected the ones that we were involved in sounded more like a Supreme Court case because the justices did not interject more like a little system court case which is abortion case which usually gets the court pretty riled up. Yeah it was like second having her that case, they were all kinda say even those of the left wises not handled. Now why are we hearing this again why not give the compromise, the court answered.
Chief Justice Roberts is always looking for you to limit this how we limit our power when liberty came up, a lower limit. If we have anything to change it. We do have its would Justice Kagan so she's come from the left of the court is smart and that you forward deed of Harvard law sheet she has to get this idea there were people on twitter who really understands that a lot of people 20 everyone read their comments on understandings report law right they don't understand this idea that the President, but as an individual is embracing as a branch of government for the people that sounded shocking, but Justice Kagan sheet she worked for present for shooters to your say by 56 subject to law and make the usual objections and can make about harassment or about healing those should take seriously objections and treat certain kind and wish that somebody branch of my reading first and I think the case here is a perfect example here, the district attorney copied verbatim. The House oversight committee and Ways and Means committee subpoena verbatim. So we were just discussing the previous case, the nature of that burden for counsel present hiring counsel for each time he could be subpoenaed as a witness to the case of the target would raise serious impact on the Presidents article 2 functions so we think a categorical approach very specific here state process adds to the President not targeting the Presidents documents in a criminal proceeding should be prohibited, interesting argument discussing with Justice Breyer we have any of those rights get into some things and we have a let's go ahead with execs who are going through right now. Why were we doing a spring court case by phone from the radio say it was 19 yet this is not set this up. I was initially in I was gotta figure out is the right thing to do when I came in here into the studio and got behind the podium in real I was. I was arguing to the highest court in the land the most prestigious court in the world with the right left or center of the justices, the most prestigious court in the world and were doing it by phone that this was a unique time in American history. It was even too dangerous to have a cleared courtroom that would release the live audio breathing together because of all the above the age. I see myself in a couple gifts of her couple would be too dangerous. So I get this is that exchange with justice Breyer who also because of the left side. The court by number eight each and every state attorney you hire a lawyer to list what the burdens are that wouldn't take a lot of time and then he wouldn't be burdened because you know what the burdens are and if you're right you win that case there thing the other side. There are no burdens here back and let them figure out what I think it doing that establishes the problem with an analysis of the case-by-case analysis.
For instance, in this very case in the subpoena found on page 118 a and 19 of the petition appendix is a list of documents that are expensive, you have to meet with the President of the United States for a moment that I knew that he puts us in the present will hire me to call the present United States today and say no your handling pandemic right now for the United States spend a couple of three hours would be going over subpoena documents that are wanted by here. The New York County Dist. Atty. I know you're busy so that was when I try to do there was to establish the reality of the world. The President lives in the world that the court is not functioning. If I do want to say again to use. Thank you to the court personnel for pulling this all on putting this altogether.
This is not an easy task, and they did a fantastic really fantastic job with five or more) see here we go this doing another exchange, geysers will choose one on for right time from 114. This is a starts you 1935 in May please the court County district attorney in our nations history and issue criminal process against the sitting President of the United States, and for good reason. The Constitution does not allow temporary Presidential immunity is constitutionally required by article 2. Only the supremacy clause any authority. But DA had under state law adds to the President. The Second Circuit is wrong and should be reversed if not reversed the decision weapon. I just 2300 local BAs, an overwhelming number of them are elected to office, and are thereby accountable to their local constituencies.
The decision would allow any DHR rash distract and interfere with the sitting President its object the President the local prejudice that can influence prosecutorial decisions for grand jury who can then be utilized to compulsory criminal process in the form of subpoenas targeting the President. This is not speculation.
It is precisely what is taking place in this case with the subpoena.
We challenge the argument just concluded. We asserted that the subpoenas did not serve a legitimate legislative purpose and they were burdensome DA copy almost verbatim health oversight committee subpoena with an additional 13 words which seek the President's tax returns, revealing the exact same language utilized by two congressional committees be copied by the New York County Dist. Atty. covering the exact same documents sent to the exact same recipients purportedly for two completely different reasons.
Kind of a taste of the first minute and 1/2.
It's all available on I think we have a posted.
C-SPAN has it posted. But this took place and now my grandchildren got to be here a couple of our team members were here. That was it. I would I want my grandchildren to be. If the argument was that obviously that was not to be, and we did the best I think replication of the experience by doing it right here is very ACLJ is been on the frontlines protecting your freedoms and rights in court and converse in the public arena. The American Center for Law and Justice is on your side. If you're already a member. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today seeing okay