Impeachment, Lawfare and Fallout - podcast episode cover

Impeachment, Lawfare and Fallout

Apr 17, 202630 min
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Episode description

In this hour, Sean Hannity pivots from the Middle East to the legal and political battles still surrounding Donald Trump, asking whether the first impeachment could be undone in light of new revelations tied to Tulsi Gabbard’s criminal referral and the so-called Ukraine whistleblower. Joined by Alan Dershowitz and Mehek Cooke, Hannity explores constitutional questions around impeachment, presidential terms, Democratic lawfare, and the growing collapse of trust in institutions and legacy media. The conversation also touches on Gavin Newsom, anti-Israel politics inside the Democratic Party, government fraud, and the widening fallout around Eric Swalwell. It is a sharp, legal-heavy hour about accountability, constitutional conflict, and the political consequences of years of anti-Trump investigations.

See omnystudio.com/listener for privacy information.

Transcript

Speaker 1

An hour two Sean Hannity Show, eight hundred nine to four one, Shawn, if you want to be a part of the programmer, I sold a lot of news that we're going to kind of sum up in this this Friday hour. One fascinating thing that is going to be interesting to watch unfold legally is after Tulsei Gabbard sent a criminal referral to the DOJ targeting the Inspector General and the CIA analyst whistleblower that wasn't a real whistleblower. As it relates to the first impeachment, you got to

wonder is that going to be vacated? Can't it be vacated? The Constitution doesn't say anything specifically about it. I believe it was Andrew Jackson that had censure, and later Congress removed that. I'm pretty sure it was him, and I saw comments recently by Professor Alan Dershowitz, who has a brand new book out which we're going to get to the topic of as well. Could President Trump constitutionally serve a third term? Just the title of it is going to piss off so many people of cracks me out.

Mahek Cook is with us as well, a senior national security legal analysts for The Daily Signal. We're going to get into the Iranian issue with both of them as well. I want to start on the law, considering they're both brilliant on a professor, We'll start with you can the president serve a third term? And could this Ukrainian impeachment based on this new information be vacated?

Speaker 2

They're both hard questions. It's never happened before, of course, but I do think that in a criminal case, if you discover evidence that was with Hell that would have exculpated the defendant, he can get the indictment dismissed, he can get the conviction reverse. So I think there's a good argument that an impeachment can be undone as well, if you find people who would have voted against the

impeachment had they gotten the information. And we know there are several people who voted for impeachment to may very well decide that they would have differently had they known all the information that was withhealth from them. So I think there's a strong case for it. There's no precedent. You're right about Andrew Jackson. They did rescind a censure application that was the Senate. This is the House, but that is probably the closest thing we have to a precedent.

I have now gone back and read the congressional debates about impeachment, and I've read the Jefferson Manuel about the House of Representatives, and I can find nothing either way. So it's a blank slate. And when you have a blank slate, that's what good lawyers love. So I'm thinking about it, and who knows, maybe we'll file something.

Speaker 3

I don't know.

Speaker 1

If I had to guess, you probably would. I know Jay Sekulo of the A C l J was involved in that impeachment case, and this was information he brought up all the time based on what we know that we haven't seen. And I think, my heck, if you look at you know, prior to president, if a case comes before a judge and exculpatory information was withheld from the defense, that is usually very strong grounds for dismissal. In this case, vacating no right.

Speaker 2

Yes, And I've won a lot of cases on appeal based on what's called the Brady or Jiglio Supreme Court decisions would say that a conviction can't stand if information that was material was withheld, And I think the same arguments would apply to impeachment, which is a quazy criminal proceeding that follows many of the rules. In fact, in the Jefferson Manual it says that impeachment should follow generally the rules of criminal cases. So we have a little bit of support there.

Speaker 3

What do you think, ma heck Cook Jehn.

Speaker 4

I think this is going to be very difficult. There's definitely a sculpatory evidence, and I think if we could use Brady, that's a route towards reverse this record. I also think there's an opportunity again for Congress and the House to look at this. I know it would be a symbolic move, but what about clearing the record that way?

So at least if we can't go through the legal route, as Alan has outlined, then potentially at least the American people know the truth and we can litigate this in the American public because far too often it's mainstream media that gets to have the final word. So I think this should be really litigated in the House as well.

Speaker 3

I agree it's that I think it would do.

Speaker 1

I think it would do very well there. All right, moving on, let's get to this. Can the president serve a third term? The premise of Professor Dershowitz's book The Heck. Before I get into more specificity with him, can Donald Trump go for a third term?

Speaker 4

Look Sean. My personal feelings on this, taking off my legal hat is absolutely. I think what President Trump has done through this term alone, within a year plus in office, he has continued to dominate, whether it's safety and security at borders to delivering tax relief. We finally had tax Day come up and Americans are celebrating that the government isn't bankrupting us like they did under Joe Biden. But

all that aside, all my politics aside. The twenty second Amendment says no person shall be elected to the office of the President more than twice.

Speaker 2

So I think unless.

Speaker 4

There's a clever argument, I stand by that. But I think that President Trump has paved a path for future leaders Jadie Vance, Marco Rubio. There's going to be a gamut of people on the right that actually can pick up the helm and lead just like Trump did.

Speaker 3

Professor Derisha, it's your thoughts.

Speaker 2

Yeah, unless there are clever arguments. Well, my book has seven clever arguments for why President Trump could So you say that.

Speaker 1

Very humbly, Professor I mean, with all due respect, go ahead, I'm kidding, no, I mean there.

Speaker 2

For example, if the vice presidency becomes vacant, the statutes in the twenty second and other amendments provide that the vice president can be appointed, can be appointed by the President with the consent of the Senate. And if Trump were to be appointed vice president to another president and then that president were to resign, being each die or whatever, he could then ascend to the presidency. The twenty second Amendment does not prohibit a president from serving, only from

being elected. In fact, the framers of the twenty second Amendment were given proposals to say that a president couldn't serve, couldn't act, couldn't be and they turned them, all of them down, and they said, no, we're not going to do that. We're just going to say he can't be elected. And so there is a hole, a large hole in the twenty second Amendment, bigger than the new ballroom of the White House through which President Trump could serve a third term. Now would he do it? I was with

him in the Oval office. I presented him with a cop be of my book and he got a good laugh out of it. And you know, he basically basically

suggested that, you know, he's not thinking about that. But for example, if the Democrats were to nominate some terrible, terrible person like AOC or one of the other extreme radicals, people who they are now electing to the Senate, and Trump were to be told that the only way of defeating and destroying the country would be for him to serve a third term, he would he would, you know,

he loves the country. He would be sympathetic to that, and he would call me and say, hey, what can we do to get me in for a third term? And I would give him. I would give him the advice, I give him the book.

Speaker 1

As long as we're talking about the presidency, some very interesting developments on the Democratic side. It looks like mister Nosho, Governor Gavin Newsom full time Trump stalker, Halftime Hannity stalker. Now we find Gavin Newsom's pack at one point five million dollars to buy copies of his book. Doesn't sound like he's very confident that any anyone would want to buy it on their own, although Katie Kirk and Gavin Doo agree that he's very handsome and that could be

very troubling for him. In the campaign trail and also out in California, Chris Ruffo filmed encounters with transgender illegal immigrants outside of San Francisco, homeless shelter apparently getting taxpayer

funded boob jobs, and sex change operations in California. Republicans now are all over these bluestates for keeping taxes on tips and overtime which the president had put in place, you know, and the scandals keep getting bigger and bigger into the billions of dollars of misappropriated funds for non existent daycare centers and non existent hospice care.

Speaker 4

Heck, cook, well, Sean, you're nailing a huge issue right now. It's the Democrat collapse you're talking about. Newsom, who's supposed to be the front runner would be president who got caught right buying two thirds of his best selling book, as he puts it, using pack money. I'd love to have the Justice Department look at this, because that looks like fest to me. And the worst part about this is this man wants to run the country when he can't even run an honest book launch, and we have

the highest fraud in his state. But make no mistake, It's not just red blue states, it's red states. You and I have talked about fraud in Ohio and how people in charge here want to hide from it. Do you know I have visited dozens of daycares where we are sending federal money, state money included, and when I go there, there's no children in there sean, and I ask questions about where the money is going, and nobody

wants to answer the questions. Most of the people are Somalians here speaking Somali, so how are you supposed to send your children to these daycares? But this is the biggest problem in America is what Elon did through DOJ. We have continued to rob from American taxpayers and government is complicit. And I don't care if you're a Republican or a Democrat today, It's happening anytime you have welfare. So Democrats are.

Speaker 5

Running from it.

Speaker 4

Republicans are just as complexe that I'm seeing it in the state of Ohio, where people refuse to take this seriously.

Speaker 3

Yeah, I think we're all seeing it all right.

Speaker 1

We continue with Maheck Cook and Professor Alan Dershowitz. He has a new bookies launch. Did President Trump constitutionally serve at their term. I could just see the left bubble and fizzing like alca seltza in water. Anyway, our final moments would then and then your calls are coming up straight ahead as we continue this Friday. Do you think, Professor Dershowitz, that this in any way hurts Gavin's chances of securing the Democratic nomination.

Speaker 2

I do. I think the thing that hurts the most is that the Democratic Party today is because the most anti Israel party in the history of America. And you know, Democrats used to be able to count on pro Israel support and Jewish support. I just wrote an our bed piece that I've submitted saying why nobody who supports Israel, whether you're Jew, Christian, or Muslim, can in any way

vote Democrat anymore? The Democratic Party has become the party that is most strongly post Israel, the becoming like the European left wing parties of England and other places that are automatic knee jerk opposition to Israel. And I think that's become a real liability for the Democratic Party. And by the way, Israel is the canary in the mind. The mind is America. And if you're opposed to Israel, which is fighting a defensive war. You're opposed to America.

Look at Tom Friedman of the New York Times. He writes, he's on television the other day in which he says, I am born torn between supporting Iran, the worst terrorist country in history. I'm torn between supporting Iran or supporting America because Trump is so terrible in Natanya, who is so terrible? So I mean here, he is practically rooting for Iran. And that's what the Democratic Party is doing these days. And they're turning against America. They're turning against

Western values, they're turning against Judeo Christian values. And I think a lot of American voters are going to understand that we're a centerist country and we don't want political leaders who are opposed to American values.

Speaker 1

What do you both think, ma Heck, I'll start with you. We both heard all these women come out and make very severe allegations in a couple of the instances outright rape by congressmen and former good manatorial candidate mister Fang

Fang Eric Swolwell. I have found that their interviews were so believable and compelling, and there's so many people that I have a hard time believing if they told those stories that way before any jury, that they would get anything other than a conviction pretty immediately.

Speaker 3

Is his arrest likely imminent?

Speaker 4

The rest has to be imminent, Sean, because if the DOJ does not take this seriously, the rule of law is just going to evaporate. The Republican Party has spent four years saying nobody is above the law, just like Democrats, and now we're going to prove it. The worst part is about Swallow. He lectured America about President Trump's character for years, and now he's accused of drugging and raping women. And let me tell you, there's a digital footprint.

Speaker 5

It doesn't lie.

Speaker 4

There's going to be financial records that the FBI and dj can go through. They can look at his campaign finance and they can start looking at where these women were and continue to make this huge timeline. And I also think, Sean, there's many other women that are going to feel to speak out. The worst part about all of this is that Swawell, even Gallego who stood up at a press conference and cried, he said he didn't know. Just listen to their words.

Speaker 2

These Democrats aren'tlying.

Speaker 4

He then admitted in the same breath that everybody in Washington knew and heard these rumors. Well, look, if it's a pattern, it's no longer a rumor, and we have to start investigating it. These are the same Democrats that are holding hostage a congressional release of every sexual misconduct violation. And by the way, Republicans are complicit in this, we

should be releasing that taxpayers are funding this. I mean, we have such a moral problem in America today and if we don't actually get justice for these women, it's going to keep happening. Sean, I've seen it firsthand. Men do not like taking no for any type of response from women when they hold power. I've been fortunate, though, I've been able to walk away from positions because I haven't cared about the money on the table. Many of these young interns, that's their livelihood.

Speaker 2

They're terrified.

Speaker 4

This is disgusting. It has to be done.

Speaker 1

There are just evil people in the world, and there are evil predators in the world, and it's just sad. And I found the credibility of these women to be on the highest level and the charge is so despicable that I can't imagine that this guy is gonna it's gonna avoid jail, but you never know with a jury. Anyway, We appreciate both of your kind of news roundup segment this Friday, eight hundred and ninety four one Shawn Maheck Cook and Professor Derschwitz is with us.

Speaker 3

Thank you both.

Speaker 6

The New Sean Hennity Show talking about what's right for America Weather renewed commitment to keep you up to date on the breaking news stories.

Speaker 1

You know, I knew I'd get a lot of blow by brush back. I've been doing this now. I started in radio in nineteen eighty seven, and you know when you take a strong position on a controversial issue that that sometimes you know that you're going to anger people. However, I think I have an obligation to my audience to

be truthful. And when it comes to the controversy between the Pope Pope Leo and with Donald Trump and the Pope saying that God does not bless any conflict, I knew by taking that on that I would get people angry. And it has gotten people angry, and a lot of articles have been written and a lot of nasty comment. Who the heck is Sean Hannity to tell the pope that he does he needs to read the Bible. Well, I was pointing out that in the Bible, in the

Bible consists of the Old and New Testament. He said, God does not bless any conflict. Now is the God of the Old Testament the same God of the New Testament. Did Jesus not come to fulfill the law? Did Jesus not come to do his father's will? Did Jesus not say I am my father?

Speaker 3

Are one?

Speaker 1

That would mean that God has not changed. When Moses saw the burning bush and he says, well, who should I say?

Speaker 3

Sent me? I am sent me? It's to me.

Speaker 1

My interpretation, and that of many theological scholars, would be that God always was, is, ever present, always will be. That God does not live in the space of time the way human beings do.

Speaker 3

But I knew i'd get blowback.

Speaker 1

I'm going to get some right now, Mike, and San Antonio disagrees with me.

Speaker 3

Mike, I am glad you called.

Speaker 1

Glad you're listening, and I'm.

Speaker 3

Appreciative of any constructive criticism. Go for it.

Speaker 7

How you doing, Sean. I'm a deacon in the Catholic Church in San Antonio, I've been listening to you forever, and I love you. I'll stay with you, But I do have a problem with your position on the Catholic Church being Catholic before and then the reason why you left. So I was just saying, you know, the way that you didn't agree with the way the church handled the scandal, but it's no different than Congressman Gonzales handling you know

his predicament. Why don't I just leave the Republican Party? You know, I want to know what how you feel leaving the church. What did Jesus have to do with it? The Church is full of humans, and humans make mistakes, and so therefore let.

Speaker 1

Me ask you, did you hear the entirety of my comments? Because I went through I was an altar boy. I went to Catholic schools for twelve years. I studied in height, I went to a seminary for high school, I studied theology in Latin, went to Mass every day. I told I went into great detail how the Catholic Church formed a very solid foundation for me and my conscience, and I'm grateful to the Church. I talked about how much I loved the Mass and the Eucharist, and so on

and so forth. Did you did you get all of that? Did you hear all of that?

Speaker 8

Dude?

Speaker 3

I do?

Speaker 7

But but again I feel that with your with your reach and the platform that you have, I felt that that was really a small reason to leave the church because it was something that humans did, and I don't understand what Jesus had to do with with I.

Speaker 3

Think it's broader than that though.

Speaker 1

Why or is it a fact or not that eleven or the twelve apostles were married. Jesus picked married men. Is it a fact that for the first twelve hundred or so years of the church that priests were allowed to marry? Yes, but that's that is a church given rule.

You're a deacon, I bet you'd be a great candidate to be a priest, And unfortunately that rule has resulted in a very very small percent of the population that would like like to join the priestthood that otherwise would in my opinion, and that was a church decision on the corruption issue, it was for me, it was I just think that foundationally, I think it's probably rooted in that basically, if you applied, you became a priest, because I mean, you have a dwindling percentage of the population

that want to live their lives unmarried. And I'm assuming that you probably got married, and you know, otherwise you probably My guess is, if you're a deacon, you probably would have been a priest.

Speaker 3

Am I wrong?

Speaker 7

Probably? Maybe not, because I became a deacon later in life. I already had children and grandchildren already, so it was just a I continued in the church because I was serving in the church, so it kind of led me to that. But I don't see that.

Speaker 1

Would you agree that the parishes knew about the sex scandals, and the bishops knew, and the cardinals.

Speaker 3

Knew, and Rome knew, and that there.

Speaker 1

Was collectively institutionally a major cover up and they still to this day have not really dealt with the scandal head on in the way that they should have.

Speaker 7

I do agree with you, But I also agree that the Republican Party hadn't handled everything in the way they should.

Speaker 1

But yet I don't I agree, But they're not the pope. But let me examine my criticism, and I think and I understand the pope. Look, Donald Trump is not the Pope Donald Trump. I mean, he's not the perfect human being, and a lot of people pointed that out to me, and I knew it would be pointed out to me. However, if you're the head of the Roman Catholic Church, your standard to me is very different than the standard of being a president. But that's a separate issue. But he

made a very definitive statement. God does not bless any conflict. And the God of the Old Testament, you would agree with me, is the God of the New Testament.

Speaker 3

Correct, Correct? Okay?

Speaker 1

In the Bible, and the has over four hundred references to war, God authorizing, commanding, intervening in battles. I mean that's that's a fact.

Speaker 7

Correct, Yes, you're right. But my point is is that folpe can speak. That doesn't make him right.

Speaker 1

That doesn't mean he's not unless he speaks ex cathedra, which would mean infallibility in those moments.

Speaker 3

Correct. My theology is still in there. Yeah, you had a boy.

Speaker 7

I'm proud of you.

Speaker 1

Okay, So I'm not saying this any different. The Catholic Church has done a lot of good for me in my life, and I am grateful, and I hope one day that they'll rectify this situation. And when they do, but if the Pope won't criticize the forty thousand protesters in Iran that was slaughtered by the Iranians.

Speaker 6

He won't.

Speaker 1

He won't criticize the number one state sponsor of terror. I know he doesn't want any nuclear weapons, but what about the country that's the number one state sponsor a terror that would threaten to use it against our He has a very different role than the president. I have not heard the Pope criticize the bombing by Iran in densely populated areas in Israel, or holy sites in Jerusalem, or Iran's oppression rape murder of innocent women, or their

execution of gays and lesbians. You know, and I mean I knew what I knew when I took this issue on. I've been doing this long enough that I'd have a lot of people angry off at me. But I think I said I think I was fair in my commentary because the Catholic Church has enriched my life and it has put me on a path where I feel like my faith is the most important thing to me now in my life, and without that foundation it wouldn't be.

I'm grateful to the Church for that reason, but I'm not in agreement with the Pope on this, and I think that presidents have very different jobs than popes do. And I think the Pope has a very radical left wing view, as evidenced by his Twitter account, which I went back and looked at in great detail, which is extraordinarily left wing before before I did this monologue yesterday. Oh, I mean, I like the respectful discussion. I'll give you the last word anyway.

Speaker 7

I agree with you, but I also think that the pope that's not his job, and he should refrain from making general comments. He doesn't have an army like we do to defend, you know, because I think he would set himself up. Maybe he started becoming political and condemning the acts of Iran and that type of thing. He's a sitting duck, just like Pope John Paul the Second was, so therefore, I think he should refrain from making comments

like that. I agree with you, but I also think that with your with with your ability to reach countless people, I think that you can do more harm by good by leaving the church for reasons that Jesus couldn't control. He put it in the hands of humans, and they made mistakes, and he continued to make mistakes and.

Speaker 3

We've all sinned and fallen short of the glory of God. Fair enough.

Speaker 1

Yes, I do appreciate your thoughtful call. Good luck to you in your church, and thank you for serving you know, the people in your congregation, and I wish you all God's blessings. Thank you all right, quick break right back to our phones, eight ninety four one, Sean. If you want to be a part of the program this Friday as we continue.

Speaker 6

The final hour roundup is next. You do not want to miss it and stay tuned for the final hour free for all on the Sean Hannity Show.

Speaker 1

At back to busy phones. Call free it is eight hundred and nine four one, Sean. If you want to be a part of the program. Andy in Michigan, Andy, how are you glad you called?

Speaker 5

Great?

Speaker 8

Thank you for taking my call. Hey, just to let you know, thirty year listener, your show last night with Reverend Graham was awesome. The point I wanted to make was Jesus Christ created you know, blasphemy, and blasphemy is the only unforgivable sin. So if you if you go against the Holy Spirit and the teaching of the Holy Spirit, which this is going to probably irritate a few people,

but I believe this Pope has done that. I think by him equating the Muslim Muslim religion equal to the Christian religion and then visiting their mosque undermines the Christian religion. So he's a fallible human being. He won't be saved any more than any of us. We all need to walk in the light of the Lord. Do what Jesus Christ commands us to do, which is to say, hey, I came here and died for all of our sins so that we could all be resurrected with the Word.

And I'm concerned that this Pope has veered from that.

Speaker 1

Well, I've just got to tell you this, and I think this is very very important that Look, I'm not going to proselytize on this show. I mean, we've had a lot of fun with Linda and her hate list and what do we call it, Linda Terrianism, But in all seriousness, we are mind, body, and spirit. And my last word on this would be I would urge everybody to take good care of your mind. You richer mind you and richer body.

Speaker 3

You know. But I think we often neglect the soul. I've been guilty of it.

Speaker 1

In my life and now when I embrace it, I know I can be a better person and I encourage people to find their path, whatever it happens to be. Andy, appreciate you man. Thank you, Daniel Missouri. Next Sean Hennity Show.

Speaker 5

Hi, Hey Gay, good to talk to you. Sean. A longtime listener, first time caller. I've been following you ever since the Hannity and Colmes days, back when I used

to watch that with my dad. Calling today. Reason I'm calling is the segment you did yesterday with Nick I always mess up his name, Nick Fretus, about his new book about being a man and all the things that you need to do to be a man, to have a successful relationship, to attract a partner, and things like that, and one point I wanted to make something I always try to tell young men when you're looking for a relationship, when you're looking for marriage, the most important thing you

can do and the most important thing you can have in that marriage is a marriage is always between three people. It's between the husband, the wife, and Jesus Christ. And you always have to have Jesus Christ at the center of that marriage. If you want to maintain you know that that healthy marriage, that healthy spirit, that that fruits of the spirit that you bring out in one another. And a brief story i'll share with you real quick of my experience with that is I served twenty one

years in the Navy. I retired in twenty twenty two, and my last command was in Japan during COVID and I ended up being stuck over there for three years, separated from my wife while she was here with my son in the United States. And what kept our marriage together and strong through that whole thing was that Jesus Christ was always at the center of it.

Speaker 1

Listen, in those situations, you'd be shocked how many marriages fall apart. And I'm not being judgmental in any way. It just becomes very difficult for people. And I think it's those toughest moments in life. If you have faith, you exponentially will increase your odds of success. I mean, you're to be admired for you know that testimony my view, anyway, I've got to run Daniel, appreciate it.

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