Bloomberg Audio Studios, podcasts, radio news.
You're listening to the Bloomberg Balance of Power podcast. Catch us live weekdays at noon Eastern on Appocarplay and then Roudoto with the Bloomberg Business app. Listen on demand wherever you get your podcasts, or watch us live on YouTube.
Welcome to the Tuesday edition of Balance of Power. It's only Tuesday here on Bloomberg Radio, on the satellite and on YouTube where you can find us. Now is perfect time to go to YouTube search Bloomberg Global News. You'll find our live stream and we always save a seat for you here in the studio in Washington. So this is it. We finally have a sense of what's going to happen this week when it comes to Ukraine, Israel, and yes, Taiwan, just don't ask me about the border.
Remembering this whole situation involving speaker Mike Johnson with a motion to vacate hanging over his head Marjorie Taylor Green threatening to fire him if he brings a Ukraine funding bill to the floor, and it's going to happen. There's been a lot of questions about in what form and when,
and we did hear from the Speaker. He came to terms with his conference and his fellow leaders last night, and as we learned this morning, he's going to take the Frankenstein approach, put this together limb by limb, and then assemble the body later. Here's the Speaker of the House.
I put out a preliminary plan, as you all know, on these measures to handle these matters from Israel to Ukraine to the Indo Pacific region. And the fourth bill in this package would be our priorities, which is the REPO Act, and we implement the loan concept and all
of this in the supplemental discussion. But the will of this of our body is to find every possible way, using this legislation and every legislation that we pass, to try to use as leverage to get the administration to get control of that border.
I'm still not sure how we get around on the border here, because there was a border provision, as we all know, in the Senate bill that had all of these same components, and that was declared DOA in the House as soon as it passed the Senate following months of negotiations between Republicans and Democrats. Problem here is, we don't know if all these can pass, and we don't
know if the speaker can survive them. Marjorie Taylor Green, who again you know, has the motion to vacate here and by the way, has another lawmaker on her side today, labeled Johnson's plan a scam and says she is firmly against it. I support the majority, she writes, and I want it next time, so I'm being careful. Maybe that means he's safe after his trip to Moro a Lago
last weekend. Let's get into this with Megan Scully, who leads our congressional coverage here in Washington, and my goodness, just another two day for you, I guess, Megan, great to see you. But we now know at least the form this might take. I mentioned the Frankenstein approach. Is it the Humpty dumpty approach? Maybe, as we have to put him all back together again.
I think eventually they will need to put it all back together again to get it.
Through the Senate.
Right now, they're taking it apart, piece by piece, like you said, essentially to try to get it through the House. You know, Ukraine will pass the House on the backs of democratic support. Israel will pass the House on the backs of Republican and majority Democrats support, with progressives likely voting against it. So you have this kind of fragile coalition that he's trying to weave together on each of
these bills. So then it's a matter of do you package them all together to try to get them through the Senate, which has its own hurdles. It's going to be incredibly messy, and we don't even have all the details yet.
So is this small Do we believe that the combined bill in fact would fail or was that just a maneuver by Mike Johnson to keep his job. A lot of Freedom Caucus other conservative Republicans said we'll never vote for that.
So the issue in the House is this procedural hurdle that Mike Johnson keeps losing getting things out of the Rules Committee, which controls floor debate, and then the rule which required which Democrats traditionally vote against because they don't like amendments that were not offered or that were offered, and then that usually fails along party line. So clearing that hurdle with Republican support on a big piece of legislation is incredibly difficult. So that's why we keep seeing
these defeats on the floor. There's talk of Democrats actually supporting a rule which you know, to you and I doesn't seem like a big deal but actually is pretty different than this the norm. Yeah, any kind of bipartisanship advances it. So it's incredibly complicate trying to get this through. This is probably his best chance of getting through Ukraine. And so that's the way that it's going. It's going
to be a long and ugly week. These votes are probably going to be late on Friday, and then they still need to.
Go through this.
They're supposedly going on recess at the end of this week, right, so we've got a working weekend. Maybe it's feeling like what about the motion of VAK. Tom Massey has apparently signed on or is willing to co sponsor this with Marjorie Taylor Green. This speaker is going to have a majority of one come Friday, Is it real or does he know Democrats will probably be there to save him, either by staying home and changing the math or voting to support him.
So it's there's at least one Democrat who has said that he will vote to save Mike Johnson, and that's shared Moskowitz, and there are some others that we expect might if Johnson does survive this Ouster threat on the backs of Democratic support. He's still the speaker, but he's essentially the speaker in name only.
Well, so he does himself in if it takes Democrats to protect him.
Yes, I think he's probably vacating that office at the end of this.
Can we believe then that Donald Trump will protect him? Did he make a deal with Trump last weekend at mar A Lago to keep Marjorie Taylor Green off his back?
So?
Trump certainly did Johnson a favor at mar Alago and went as far as anyone expected him to, probably further than many of us did expect him to, you know, in terms of embracing Johnson. But that doesn't mean that that still holds true today. We know that Trump's opinions about people can change pretty wildly, so it will be interesting to see how this all plays out.
God knows, And you've got a week ahead, Megan. Great to see you and thank you for the insights. Megan Scully leading our coverage here on the Terminal and online, as we now have a sense of the what and when, just a question of whether this is actually going to work. But it looks like at least for spending bills. And as we just heard from Megan, will be voting likely by the end of the week, so don't pack your
bags for recess yet. And as Donald Trump looms over the House agenda, a pretty incredible day yesterday, even though we're all used to seeing him in court becoming the first former American president, as you keep hearing to go
on criminal trial, it's just different when it happens. And looking at those images of him scowling in the courtroom make you wonder if he continues to raise money on this, whether there is actually a backlash here for the broader public as this now becomes a general election battle where one is attempting to gain votes. Brings us to the latest Siena poll. Important we mentioned it yesterday. We have an opportunity to take the deep dive now with Don Levy.
It's always great to have him with us, director of the Siena College Research Institute. As we read in their partner New York Times publication here, the President's pot already ticking up slightly. This is looking kind of like a tie. Mister Biden, mister Trump virtually tied with Trump at forty six percent to forty five percent, an improvement for Biden from late February when it was forty eight to forty three. There's a lot more under the hood, though, and that's
why it's great to have you with us. Don Good to see you. Welcome back to Bloomberg. Let's just start with the headline. Is this the post State of the Union bump everybody was looking for?
It appears to be. Certainly. We see Biden picking up with a couple of key constituencies, doing better with women, doing better with the black voters, and doing better with Latino voters. So a four point closing from five, which sounded like a big lead down to one, which I think you're absolutely right, is a tie. So at this point in time, you know, Biden over the past six weeks has picked up some support. Still, you know, both
candidates have have tremendous hurdles overcome. You Know, one thing that stood out in this poll to us was the folks who we describe as double haters, those voters who say that they don't like either of the two candidates. That's a full eighteen percent of Americans right now, and right now when you look at that group of people, and they're a little bit of everyone, They're not just one demographic. But thirty percent of double haters say that
they would vote for Biden. Twenty one percent of double haters say that they would vote for mister Trump. But nearly half of double haters say either I don't know, or I might vote for a third candidate, or I might stay home. And that's where a great deal of this battle is going to be. Wigs is amongst that group of double haters.
Boy, and what a feast the double haters are going to have. Donald Trump is going to be in court, scowling at the camera and talking to reporters in the lobby of a courthouse, presumably, and Joe Biden is going to be apparently caught in a geopolitical morass with high risk in the Middle East, big questions about what's happening in Ukraine, questions about inflation here at home done. How do you break through with a double hater? If those
are your choices, it's arguably getting worse for both of them. Well.
An interesting question that we asked people was whether they thought that Trump and or Biden were either a safe or a risky choice for America for them, And interestingly, amongst the double haters, they think both candidates are risky. Trump slightly more risky than Biden, but Biden does not win amongst the double haters on being a safer choice. And you really lay out this tug of war that
we're seeing on issues. We saw in this poll that when you started bringing up the economy, that Trump beats Biden all over on the economy, Americans remember Trump years as being better. They think that far and away. Two thirds say that they have prove of the job that Donald Trump did on the economy when he was president. Two thirds say they disapprove of the job that Joe Biden is doing on the economy. So when it comes to economic issues, that's a tremendous weakness for Biden, tremendous
strength to Trump. Then you flip it over to the trial, and there we continue to see, for the third survey in a row that a majority of Americans say that they think Donald Trump committed serious federal crimes. And when you come to this trial taking place in New York right now, a plurality, not quite a majority, but a plurality by about ten points feels as though he's guilty, and they predict that he may very well be found guilty in this trial in New York.
Remarkable to see this balancing act, or maybe it's compartmentalization. Don You mentioned the economy here, and it's amazing what people's memories will do. To your point, they associate a better economy, a stronger economy with Donald Trump, though by some metrics Joe Biden has a stronger economy. It depends
when you're looking at here. But of course, you know, you go back to four years ago if you do this whole you know, four year ago thing, and that's what people are going to be asking, if God forbid, we ever have a real debate. Are you better off than you were four years ago? We were in the throes of a pandemic. People were not able to live their lives the way they are now. We were talking about closures, shutdowns, lack of supplies. How does Joe Biden
remind people of that? And I guess our memories of short are short. It's amazing to me that that doesn't seem to show up in the polls. You found a big increase nine points in registered voters who believe that Donald Trump left the country better off.
Yeah.
Absolutely. When you say is the country better off or did he leave it better off? Or the Trump year is mostly good or mostly bad? By nine points, Americans say that the Trump years were mostly good rather than bad. And you flip that around to right now and a negative twenty one points when you're asking Americans do you
think that the Biden years are good or bad? You know, I think that Biden is fighting the curse of the grocery store and now the increased prices that every American faces on their groceries their other monthly necessities is just weighing them down. And they don't believe right now that
the economy is better and they're overwhelmingly said. We saw a six point increase in the percentages of Americans from this survey to one just in February who say that they think the American economy is no better than only fair or poor. It's slipping away even more in the eyes of voters.
We've spent some time in our last minute here don talking about the value of national polls. How should we interpret these numbers as we work our way through the rest of this cycle here Knowing there are a swing state we have at Bloomberg. Different snapshots tell you different things.
Well, certainly the National Post give you a feel of how the country is. It contributes towards the national conversation. But you're absolutely right, we're going to hone in on these battleground states. We'll be pulling those battleground states starting in about two weeks from right now. Right now, it looks like the battleground is perhaps growing. North Carolina is trying to fight its way in to be a battleground state.
We had six, now we're looking at seven. And we'll be talking more in that next ball about the push pull not only between the economy and threats to democracy the former president on trial, but also the issue of abortion, which is going to loom very large in each and
every one of these battleground states. And it's going to add another dimension that these candidates are going to have to fight over to convince Americans that they're better on the interests of each of these voters in the battleground states.
Well, maybe bloombergers I have its time with North Carolin and Don Levy. It's great to see again from Siana College. Great work and great to share your results with our audience.
You're listening to the Bloomberg Balance of Power podcast Ken just live weekdays at noon Eastern on Applecarplay and enroud Oto with the Bloomberg Business App. You can also listen live on Amazon Alexa from our flagship New York station, Just say Alexa play Bloomberg eleven thirty.
As we try to imagine if Mike Johnson is capable of reverse engineering a foreign aid bill that's already passed the Senate, we're going Frankenstein style here, lim By Lim, Ukraine, Israel, Taiwan, each with their own constituencies. They presumably pass as separate spending bills and then are somehow stitched back together, put on the table and brought to life in the United States Senate. That's the best case scenario. Mike Johnson's doing
this now. He actually just outlined this whole plan with a motion to vacate hanging over his head. Listen to the speaker before we assemble our panel for the baseline. This is the news that came out this morning on his path forward. Let's listen.
I put out a preliminary plan, as you all know, on these measures to handle these matters from Israel to Ukraine to the Indo Pacific Region. And the fourth bill in this package would be our Priorities, which is the REPO Act, and we implement the loan concept and all
of this and the supplemental discussion. But the will of our body is to find every possible way using this legislation and every legislation that we pass, to try to use as leverage to get the administration to get control of that border.
But will it work? What if one of them fails? What if they all fail? Or does Mike Johnson look like a genius when this is done because somehow they all pass, knowing that each quarter had opposition to one or the other, and then he brings the body back to life. Let's assemble the panel. Rick Davis and Jeanie Shanzana. We've been waiting months like you and I have been to find out how this is all going to work. Our signature panel back with us today, Rick Davis, smart
move for Mike Johnson. What do you make of this?
You know, I think anything that gets this bill moving, or this you know series of bills moving and fund Ukraine is a step in the right direction. But you just mentioned this has been months in the works. How many Ukrainians have lost their lives because of lack of ammunition and an ability to fight the Russians the way we had wanted them to all along. I mean, this is this is not progress. This is the end of a painful and horrific process that showed weakness within the
United States toward our allies. That no good thing will come out of this other than getting this over with, and hopefully the Speaker has the ability to marshal the resources when there's caucus actually get these votes done this week before they leave for recess. This is the second recess in a month that they'll be going on, and the last one they took for two weeks resulted in nothing happening. So I'm not going to bank on this
until it's done. But it sounds like basically the same bill the Senate sent them months ago that could have been done over with without having to deal with this current situation.
In pieces without the border. I guess, Genie, I'm trying to figure out if Mike Johnson is making his life more difficult here or if this is just the only way to get it done in the House. What do you make of this? Knowing that progressives had a problem with Israel, that some conservative Republicans had a problem with Ukraine. Is this in fact the only path?
Joe?
I first have to say, you made me laugh out loud earlier when you said the Frankenstein approach and then the humpty dumpty. I don't know if you crain, but those are great out loud listening to you.
So can they put him back together again? Genie?
It is perfect, Joe. And you know, my sense is that this sort of approach worked with the lattered cr which when when not McCarthy Johnson came up with it, I scratched my head and then we all learned what it was. And so I think he's trying to repeat here with this idea that, in your words, you can break it up and put it back together again. And I noted a glimmer of hope this morning as this was discussed, but that quickly has gone by the wayside.
I mean, we've heard from Tom Massey that this is basically just handing everything over that Chuck Schumer wants, and he'll go with Marjorie Taylor Green. You know, we've heard Andy Biggs maybe and no, you know, he is on very very thin ice here, and so I don't know if this approach is going to work. The easiest path is to pass the Senate bill. That's the quickest way to get this done. But of course he doesn't think
that his caucus has the will to do that. So here we are, and I am not convinced this is going to work.
Glad you mentioned Andy Biggs. Of course at the helm of the Freedom Caucus out with a long Twitter thread, I supported the planned Speaker Johnson announced in conference to allow the House to vote on the various aid packages separately, he says, but his sense announced intent to merge them together superfluous word there before sending them to the Senate is wrong. So I'm getting confused here, Rick. Maybe he
really is making his life more difficult. So you pass all four of these, what if you cannot stitch them back together with some weird parliamentary maneuver? Is the Senate and a clearer than one by one?
Yeah? I mean these bills would all pass the Senate. Remember the bill that they passed initially had all of this, including controversial border security measures, passed with seventy percent of the United States Senate, and the Senate has been very impatient in this process trying to get this off their docket, because as you point out in the last segment, they
got a lot of other business to do. This was supposed to be the easy thing to handle, the supplemental So at the end of the day, I don't think there's going to be much of a hurdle in the Senate. Maybe a few people who want to take a hike
because the complexity around election year politics. But at the end of the day, the Senate wants this ninety five billion dollars to be spent in these priority areas, and as long as the House bills do that, either independently or as a total package, then I think all this stuff sort of gets through quickly. It doesn't make any sense what Johnson's doing other than the other version of the Frankenstein strategy, which is the guy you create kills you.
I mean, maybe these bills this process is creating is going to come back and kill him. That's what I thought you were dalkingo. And so look, I mean he's doing all this to avoid, you know, a motion to vacate that's already sitting on the table by Marjorie Taylor Green. So what to be more interesting to me is whether these Freedom Caucus types and Marjorie Taylor Green band together for a little, you know, reunion party and actually take down this speaker.
Rick just completed the analogy for us. Now we've been made whole here in just our first hour. What a productive conversation. As always with our panel, Rick Davis and Genie Shanzeno. Democrats come in to play here. Potentially, it's just a question of how many he will need, Genie, if he can't get a rule passed, and we're just going to walk out here for a second. This speaker's
had a real problem with the Rules Committee. You've got people like Chip Roy and others on the committee who do not want to see a lot of this take place. If he can't get a rule, which is how you get a bill on the floor, a schoolhouse rock. That means he has to suspend the rules, and then it's a question of whether Democrats will be there for him. Will they?
You know?
I am not sure. I am, as usual, less optimistic than Rick sounds that this is going to be easy by any stretch of the imagination. You know, the reality is we haven't seen the bill yet. There is no text there number one, number two. I'm not so sure this is going to be that easy to put together. If they pass it in the House, which is a big if.
In the Senate, I mean.
There were protests across the country massive about the issue of Gaza and Israel. Democrats are going to be very concerned if this thing, the one package on Israel, passes without conditions. Then you add to that any poison pills that Republicans put into this package or Johnson does to get it over the hurdle, that's going to be a no go for the Senate. So you know, if it passes the House, I'm not convinced it passes the Senate, but again, it all depends on what it looks like
and you know, getting if you go on suspension. I don't know that he has two thirds to get this passed. But any idea that the Democrats can save Mike Johnson's Mike Johnson's job is just ridiculous because even if they say that he is essentially a dead man walking. I mean, you know, you cannot be the speaker of the repub of the House where Republicans control by way of Democrats, So it is a fool's errand to think that he would look to Democrats, and if he did, he'd be
again dead. So you know, this is a very, very tough situation for Mike Johnson.
God knows it. Rick, I'd like to hear from you on this today, because Marjorie Taylor Green did speak earlier, and as we've told our listeners and viewers. Tom Massey, Republican from Kentucky, says he's with Marjorie Taylor Green on the motion of Vaca. So she found another she said, quote, this is really interesting. We want to read between the lines here. I support the majority, and I want it next time the majority. She wants to keep the House,
she's saying, So I'm being careful. He's definitely not going to be speaker next Congress if we're lucky enough to have the majority. Doesn't that sound like this whole thing just ended. She's talking about Mike Johnson being careful and Mike Johnson not being speaker next Congress. Rick, We shouldn't be taking this seriously, should we?
Yeah? Look, I'm not. I take very little of what Marjorie Taylor Green says seriously. It's all performance act. I think you know, she probably sitting on a memo for mar a Lago that says, stand down, we don't need this chaos. Yeah, I think that would be the one thing that Speaker Johnson got done when he went down
there to have his press conference with Trump. So at the end of the day, it's more important for Marjorie Taylor Green to get invited to the Christmas party at mar Lago this year than it's going to be to decide who's going to be Speaker of the House of Representatives. So my guess is she's going to follow the pattern.
And I would say that I think there is a path for Johnson if he had any courage, and that is to get one hundred and fifty problem solvers in the Republican side and the same number in Democrats and say I'm gonna I'm going to create a coalition government. I'm going to you know, govern from the center. I'm going to get a lot of things done in an election year that hardly ever get done, and maybe even make a commitment to pass a budget by September of
this year. And he would go down in history as one of the most successful and impressive leaders of our time. There's zero chances that's going to happen, but that's always an option.
Just imagine waking up and reading a story like that, Genie. Did Donald Trump tell Marjorie Taylor Green to stand back and stand by?
It sounds like he did, although you know, Donald Trump can be with you one moment and against you the next. So I think if I was Mike Johnson, I'd be very concerned that his opinion remain what it was on Friday, you know, supportive the way it was publicly, because he can shift on a dime. Donald Trump doesn't like people who lose. If Mike Johnson loses this vote, who knows
if Donald Trump will stand with him. But we do know that beyond Donald Trump, the campaign of Donald Trump is very concerned about all this chaos in the house, so they have been pushing it and that's why he went out on Friday for Marjorie Taylor Green to stand down. So she may well do that. But again, you know, nothing is certain when it comes to Donald Trump's support, and so Mike Johnson's got to be very careful about that.
And you know, I agree with Rick. Wouldn't it be remarkable and wouldn't it make sense for Johnson who isn't going to be re elected speaker. If he stopped worrying about his job and just is holding onto his job and just did his job, that would be remarkable. And yet we've seen no signs that he's going to do that, because he's not going to be Speaker again, so he doesn't have to worry about keeping it. He's just got to do what's in front.
Of him shit, profile and courage, and it does not sound like he's going to be speaker again when you listen to so many in his own conference here. What is going to happen today, by the way, is that may Orcus impeachment articles are going to be sent next door. They're going to walk these over, send them to the Senate, where it's apparently they're going to go to live a very short life. It's just a question of how exactly Democrats are going to handle this and whether they'll be
dismissed on site. That's coming up just about an hour and change from now, we'll actually see that process of the articles walked across the rotunda to the Senate.
You're listening to the Bloomberg Balance of Power podcast. Catch us live weekdays at noon Eastern on Apocarplay and then Proudoto with the Bloomberg Business app. Listen on demand wherever you get your podcasts, or watch us live on YouTube.
Joe, it's just a few blocks north of Wall Street where the proceedings are underway at the Supreme Court here in New York, New York Criminal Court, fifteenth floor, and that is where Donald Trump is sitting as we speak, as they are still doing the very difficult work of trying to seat a twelve person jury with six alternates in his hush money case.
Can't imagine is making eye contact, Kaylee as we keep hearing with these potential jurism what it must be like for them. Of course, more than half we're dismissed yesterday, and you must be upset to not be standing outside in front of that courthouse all day today. Donald Trump, of course is back, and we did hear from him earlier. Here's the former president.
I should be.
Right now in Pennsylvania and far in many other states North Camp.
Laddin Jojia campaign.
This is all coming from the White House because the guy can't put two sentences together. He can't campaign the using mission in order to try and win an election, and it's not.
Working that way.
Donald Trump in the courthouse hallway earlier today. So we want to get more on what exactly is happening in that room and what is likely to happen as this process plays out in the weeks moving forward. Joining us now right. He's a constitutional law expert in a practicing criminal defense and civil rights lawyer in Maricope, Americope County, Arizona. So Robert is great to have you here on Balance of Power on TV and radio as we think about
the way this process is unfolding. Understanding that the defense attorneys are asking these potential jurors basically questions around their impressions of Donald Trump. This is a former president. We're talking about, how hard is it going to be not just for them to get truthful answers to these questions, but ultimately decide who is going to be unbiased in this case. How long do you anticipate this process could take in its entirety.
Well, look, it definitely is challenging, and this is a challenging case and challenging jury's selection, but it's not impossible. People are asked all the time in high profile cases, have you ever heard of such and such? And they answered, and the real question is can they still be fair and impartial? And so the next subsequent round of questions
are to do that. Now the judge is already off a number of people from the jury veneer the jury pool, and that's because they had too many strong biases, either for mister Trump or against mister Trump. It was a process that benefited him just as much as it benefited the prosecution. How long this will take, that is an open question. I would certainly think it'll take the rest of this week and perhaps next week. I do not anticipate jury selection will go beyond that.
Robert, it's worth a dramatic reading some of the stuff, the stories that we're hearing from inside the courtroom. We have a team inside the courtroom transmitting that to us. God knows, we wish there were cameras there, but it doesn't work that way. As I look through some of these, a woman being interviewed just said I think no one is above the law, and then answered the next question saying I think he's being traded fairly, which prompted Donald Trump to scowl and shoot the woman a look. She
has just been excused. Another a man who still has a chance to be on the panel, despite the fact that he followed the president on Twitter. Says no one is above the law, but he drew smiles in a nod from Donald Trump when he said that he read three of the former president's books. He named them Part of the Deal, How to Get Rich and Think like a Champion. He also said he'd been robbed at knife
point and that his wife had been mugged. These people are making direct eye contact with the former president while they're being interviewed. Do you actually believe that there will be a fair jury when this is done?
You know, the answer to that question is yes, as fair as juries are. The jury system is not a perfect system. It's just better than any other system you can think of. Yeah, there's going to be problems here. If I was the prosecutor on that last year that you mentioned, if the judge did not strike that juror for cause, I would peremptively strike that juror because he's just too much identifying with the defendant, as you would any other criminal case where a juror is expressing too
much affinity for the defendant. If you have a trial of a drug dealer, you don't generally want drug dealers to be on the jury, and so that's kind of a broad parameter. It's challenging. High profile cases are challenging. Any high profile case of challenging because unlike most criminal cases, there's obviously pretrop publicity here, and you have people with pre conceived notions and opinions about the defendant, either for or against him, and you've got to filter through that.
That's what jury selection process has done. But he will get the jury that he deserves under the Constitution. And I do not hold with this argument that, oh, he can't get a fair jury in New York. Well, you know, if this jury quits him, he's going to say it's
a fair jury. So he's getting the jury that he deserves under the Constitution, and people struggle with goodwill to select a good balanced jury, and hopefully the jurors, so the potential jurors are being honest with their responses and they will judge his case fairly.
Well, Robert As you raise one of the arguments that Donald Trump is making that we've heard him say repeatedly in and out of the courthouse and in other instances as well, this idea that he won't get a fair jury in Manhattan. Again, that it's political persecution, as we have heard him say many times. We also did hear from him going into court today about kind of the substance of this case, reminding all of our listeners and viewers.
He charged with thirty four felon accounts of falsifying business records. Essentially, the allegation that Alvin Bragg has made as a prosecutor is that it wasn't so much that the hush money payments were made, but when he reimbursed Michael Cohen for him, he didn't classify them properly. He wrote them off as legal bills rather than something that should have been associated with his campaign. On the way into the courthouse today,
he said, a legal expense is a legal expense. It kind of giving us a preview, perhaps of what his defense is going to be in that case. You were a defense attorney, you think that works.
I think I can see why that is going to be as defense. His defense is going to be a version of, Hey, I didn't do this to help my campaign. I did it so that Millennia wouldn't find out. Oh and by the way, I never slept with Stormy Daniels anyway, So kind of do double defense with that one. But look, I think what gets lost and other news agencies are dishing out some of this stuff. There are victims here. The victims are the voters and the people of New
York and the United States. Sometimes, you know, the very same people are saying, oh, Donald Trump's being treated unfairly. Included Donald Trump would be totally shocked if let's say, for instance, somebody paid one hundred and thirty thousand dollars to suppress a story about Hunter Biden when his father was running for president, and then they had evidence that his father was the one who did that, they would be all over that and say this should be prosecuted. Well,
this is no different here. This and from what we've seen reported the prosecutor as evidence that Donald Trump approved this specifically to prevent Stormy Daniels's story from getting out at a time when he was running for president. Now he's already gotten some favorable rulings from the judge in this case. He's getting a fair trial. The judge, for instance, suppressed so far evidence of the access Hollywood tape coming in, which kind of shows Donald Trump's motivation. So Donald Trump
is getting a fair trial. And I will say something else too. This argument about somehow this is engineered by the Biden administration is absurd. There's no evidence of that. And his argument that I could be someplace else campaigning, you know, blah blah blah. Well, don't forget that this trial could have happened a year and a half ago. It is Donald Trump and his lawyers seeking to delay, delay, delay, delay that's gotten the trial happening right now rather than
months and months and months ago. So Donald's a really shit point complained about that. He's the one who created this trial date.
We're spending time with constitutional law expert and attorney Robert mcwherterer on this second day of Donald Trump's criminal trial, Robert, while you're with us here in our remaining moments. A lot of folks have questioned the veracity of this trial, suggesting that it's the weakest of the four that Donald Trump could have faced or may still face before the election in November. But what's it going to be like
when testimony begins? What is it going to be like when Stormy Daniels is telling her story and that'll be the front page news or Michael Cohen? Is this going to feel different? Well?
I do agree. By the way, this is the weakest of the four cases. That does not mean that it's not a case that the prosecutor can win. This case will come down to the testimony of two people, Stephanie Clifford, Stormy Daniels and Michael Cohen. The defense strategy here is to try to attack both of them, especially Michael Cohen.
I don't think in my experience, and I've had many many trials where somebody is a snitch and they testify, and then you attack them for their interest in testifying against somebody, the juries are very good at saying, yeah, he's doing that and he's self interested, but doesn't mean what he's saying is not true. Just because Michael Cohen is saying stuff about his former boss and he's getting a deal for it or has gotten benefit from it,
doesn't mean that what he says is not true. I mean, you can be kind of self interested and still honest. And I also think that in this case, having just seen her, I think Stormy Daniels is going to be a very strong witness against mister Trump. And I must say, in this whole sort of affair, at least from what I see publicly, the person that's shown the most integrity and honesty so far has been the sex worker. I mean,
she seems to just have a straightforward reason. She says she slept with Donald Trump because she's a sex worker and the check cleared. Well, that's pretty honest. The jury cares about honesty. Other things are not quite as important to.
Them, and Robert in our final minute here with you, it's worth noting that, of course, this trial will be taking place every weekday except Wednesdays. There were a few things that Trump wanted to be excused for. One of them is happening next week at the Supreme Court on April twenty fifth, when it's arguments in his immunity from prosecution question related to the twenty twenty election case brought
by Jack Smith. But the High Court is also hearing something else today, specifically related to riot urges around January sixth, essentially a question as to whether an obstruction of proceeding an official proceeding should be applied to the extent that it is in the cases of those who were present on January sixth. It does seem like some of the justices are quite skeptical of this. What is your read on that case? In particular.
Well, that case in particular is the Fisher case, Fisher versus the United States, and it had to do with the Sabrans, the Financial Fraud Act that was passed after the Enron standard, right, And what happened is in the Enron situation, a bunch of accountants for Enron just has started to start shredding all kinds of evidence, and there
was no statute against it. So they created this statute. Now, the statute, although it was written for that circumstance, has very broad language, and the prosecutors apply that language to the situation of January sixth and these defendants. And so that is pretty common in law. You have a statute written for one thing, but the language is written broadly enough to cover another. It is an argument he could have some success in the court on that argument, although
at the end I don't think so. And of course mister Fisher is bringing that. But the real person who's interested, of course, is Donald Trump, because he's facing potentially the same criminal charges as mister Fisher is. I will also note that mister Fisher has several other charges, as do these January sixth defendants, that would actually they can be found guilty on beyond just what that is, so you know,
so we'll see how that kind of works out. I don't know if you want to have time to go into the presidential immunity argument, but but I could comment on that too, but I know we're press for time.
Oh, we'd love to have you back. We want to stay close to you. Robert, appreciate your analysis. As always, today Robert mcwerder with us. Thanks for listening to the Balance of Power podcast. Make sure to subscribe if you haven't already an Apple, Spotify, or wherever you get your podcasts, and you can find us live every weekday from Washington, DC at noontime Eastern at Bloomberg dot com