The Suits of the Insurrection - podcast episode cover

The Suits of the Insurrection

May 10, 202331 minSeason 4Ep. 43
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Episode description

The Justice Department has gone after the boots of the insurrection, its foot soldiers, now former federal prosecutor Glenn Kirschner says it's time for them to go after the SUITS of the insurrection - those who planned and promoted it, all the way up to its rotten head: Donald Trump.

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Transcript

Speaker 1

Good morning, peeps, and welcome to wok F Daily with Meet your Girl Danielle Moody recording back in the home Bunker, folks, I got to tell you that, you know, the last several weeks, several months, to think that we're only five months into twenty twenty three, and the weight and the exhaustion, the anxiety, the fear, the trauma that we have been subject to because of the terrorist organization formerly known as

the Republican Party. Republicans have shown America through their legislative push to criminalize LGBTQ people, to erase trans people, to cause irrevocable harm to the LGBTQ community. They have shown us through their willingness and zeal at banning books and curriculum, at displacing tenured teachers, at displacing heads of universities, and instead putting in corporate cronies, like they have done recently

at the University of Minnesota with the new president. Instead of hiring an oh I don't know, an academic, have now hired the former CEO or Hormel in order to be the president of this university. Republicans are on a path, on a war path to destroy everything that makes America America. They are on a path to destroy liberty, freedom and justice for all. They are on a path to destroy

the bodily autonomy of women of trans people. They are on the war path to create heightened racism and violence and the birth of militias through their continued loosening of gun regulations in states like Texas, whose mass shootings are like number one in the country. And at this time, while Republicans continue to show you who they are by voting to expel members of their government body because they don't like their ideology, they don't like the truth that

they speak, whether again that be in Tennessee or in Montana. Folks, the Republican Party is at war and they are telling us every single day with every piece of life legislation, with every kudos, every bit of support, back pats and ring kisses that they give to Donald Trump, a man

who is currently on trial for rape. And as I speak right now, the jury is out deliberating whether or not they are going to side with Egene Carol or with Donald Trump, who, by the way, has been accused of sexual assault and harassment by over twenty five women. But CNNC's fit to give this motherfucker prime time, a primetime town hall. Tell me how the public would react if, at the height of the me too movement against Harvey Weinstein, if CNN decided to have a sit down one on

one with Harvey. I call on all civil liberty organizations, women's groups, LGBTQ groups, civil rights organizations to call for a boycott of CNN. You see all of these networks. They've based their decisions on money, they based their decisions on ratings, and if the people decide to take it,

then maybe they will do it about face. But the reality is, in any other country, if you had a political party moving in the way that Republicans have been moving since Donald Trump came down that fucking escalator, they would have been labeled a terrorist organization. We don't do it because the Republican Party is filled with white men, right, and they're the ones that get to write the laws and break the laws and rewrite them for a other

fucking people. I am telling you that it is time for the people, for the people to regain the power in this country, power that we never really truly had, but we were made comfortable enough. But now this terrorist organization. The only thing that they have on the menu is cruelty. The only thing that they have on the menu is over policing, banning books, banning queer people, banning abortion, banning curriculum, and instituting authoritarianism and fascism. Donald Trump is going to

be holding a campaign rally with known anti Semites. They have top billing at this event, along with his fucking spawn. We need to stop treating Republicans as if they are legitimate. They stand for violence, they stand for rape, they stand against abortion, they stand against democracy. There is no mincing words about it. There is no working across the aisle because the only work that Republicans are interested in is

destruction and undermining this country. And also with the debt ceiling, fucking chicken game that they're playing, putting the world's economy at risk so that they can figure out a way to bring back their fucking cheeto martyr. Folks, you hear that sound going off, You feel that tingling sensation. That is the alarms going off both internally and externally. We are at level hot fucking red right now in this country.

The folks of Texas need to take a page out of those that were in Tennessee and take it to the fucking streets. While people are being gunned down as they're shopping at a mall, your fucking governor is passing legislation that doesn't even require any training whatsoever to have a gun, because it's all a part of their plan to build their white supremacist militias that will go ahead and enforce their autocratic rule. Folks, Wake up, Wake up,

because there is no motherfucking quiet part anymore. Coming up next, my conversation with our good friend who is stopped by wok F Daily MSNBC legal analysts, former federal prosecutor and the host of Justice Matters, Glenn Kirshner. Folks, I am very happy to welcome back to WOKF Daily our friend, MSNBC legal analyst, former federal prosecutor, and the host of

Justice Matters, Glenn Kirshner. Glenn, it has been a while, and in that time there has been just a world win of legal news, and I don't even know if we call it legal news anymore. We just call it crime in news. I mean, from Clarence Thomas and the Supreme Court and the major griff there to Donald Trump. Currently, the juries and deliberation for the Egen King rape allegations

and defamation suit. And a judge just issued an order in the Manhattan District Attorney's k with regard to the thirty four felony indictments placed a gag order on Donald Trump. And I want you to be able to just explain what this gag order is and why. I mean, I mean, I have thought that Donald Trump should have been gagged a long time ago, but why this is happening now and will what could be the repercussions of it if he breaks said gag order.

Speaker 2

So I think the.

Speaker 3

Reason we're seeing a gag order now, it's sort of the cumulative effect of everything Donald Trump has been posting and saying. Most recently, he posted that Joe Biden and Merrick Garland illegally unleashed Alvin Bragg and Fawnie Willis and New York Attorney General Letitia James on me, Donald Trump to stop me from winning the twenty twenty four election.

There are so many lies packed into that sentence. One, it is designed to gain unfair advance for Donald Trump in the twenty twenty four election by suggesting Biden and Garland have control over state prosecutors and they have unleashed them on Donald Trump.

Speaker 2

That's absolute bs.

Speaker 3

And look, Donald Trump has been endangering judges and their families, prosecutors and their families, grand jurors, trial jurors, witnesses, and Alvin Bragg's prosecutors said enough, we are preparing to give over discovery. And what discovery is in a criminal case is they package up all of the relevant information and evidence that they are required under the rules to provide to the defendant and they give it over.

Speaker 2

Well, what will Donald Trump do with it?

Speaker 3

Once he gets his grubby, little and I do mean little hands on that evidence, He'll begin posting it, He'll begin lying about it, He'll begin boxing people. He will not so subtly earn his supporters to get after them. And so that's what prompted Alvin Bragg's team to say, Judge, we're moving for a gag order, really more precisely a protective order, saying Donald Trump can't post, can't talk about, can't misuse all of this information we are about to

give him. And Judge Mersham agreed and issued a couple of different kinds of protective orders, one saying Donald Trump and he names Trump specifically, not just the defense team. You can't post anything about any of it, and by the way, you can't copy it, you can't photograph it, you can't retain it. And in fact, the stuff that the prosecutors label as limited disclosure information, you're not even allowed to look at it without being babysat by your

defense attorneys because you're a petulant little child. I mean, the fact that these kind of protective orders and limitations have to be put in place for a former president of the United States is insane. Usually do this kind of stuff in violent crime cases or in rico cases. Well, now, welcome to that ignoble club Trump, you violent criminals and mafia folk.

Speaker 1

You know, I think that it's wild to that mainstream media is not discussing that right that we continue to move through this as if the precautions that are being taken are totally normal, like, oh, this happens in every case. You would think that with the president of the United States, you're being held right to a much higher standard of behavior and that we would rely upon you to ensure the safety of people by telling your rabid followers to

stand the hell down. But that's not what Donald Trump does. It has been the pattern of behavior since he was in office and out of office, and so you know, well, Glenn, I am. I love to say that, oh we'll never see, and I stopped doing that during the entire Trump administration is we have seen judges be targeted, their families be targeted. We've seen them have family members that have lost their lives and judges that have lost their lives. What happens

if Donald Trump impedes this gag order? If Donald Trump continues to do what he's been doing on the campaign trail, which is essentially lift up these very violent people. Right, he had the January sixth choir in Waco, Texas. Right, you have just now I want to make the connection for the folks the shooter, the murderer in Alan, Texas at the mall shooting had on the what was it? Right wing death squad badge that was worn and sold

on the Proud Boys website. Right, these are the folks that Donald Trump hold to stand back and stand by. These are the folks that Donald Trump has said are good people. Right. So I mean I am very scared. Right, I'm scared for Alan Bragg. I'm scared for this judge. What happens if this order is broken, and you know, what are the protections that are in place in this really erratic time when, even if it isn't Donald Trump, we know we're seeing what's happening with the people who support him.

Speaker 3

So Judge Marshawn has an array of possible steps he can take. I'm going to say when Donald Trump violates this protective order, not if Donald Trump will violate it. He could do nothing. He could just let it go, which will embolden Donald Trump. He could haul Donald Trump back in before the court and he could increase the

limitations or the restrictions. He could place one hundred percent gag order on him, saying you have demonstrated an unwillingness or inability to abide by lesser gag orders or protective orders. I am now ratcheting it up. And the next step, if you continue to violate it, I will consider the prosecutor's request to step you back detain you because you

can't be trusted to abide by court orders. Now, that is a pretty significant penalty, and he could short of that, he could hold him in contempt and order him to pay, you know, a fine, which Donald Trump won't care about.

Speaker 2

He'll fundraise off it and probably end up with a gain at the end of the day.

Speaker 3

If the court orders find the only thing to do with people who are inciting and inspiring imminent violence is detained them take their bullhorn away. And I haven't seen an appetite in our prosecutors or our judiciary to do the hard work, the forward leaning work of stopping this rampant violence that is being sort of advocated for every day.

Why the Proud Boys organization isn't designated a terrorist organization and then we go after not only the organization but those who kind of spout off violent rhetoric likely to and designed to inspire imminent violence is beyond me.

Speaker 2

You know.

Speaker 3

I keep thinking that we are so concerned that if we do something and will be criticized for stepping the toe over the constant to shell a ligne, violating somebody's free speech rights. If we do anything to curb the rampant gun violence in this country and we're criticized, you know, stepping a toe over the Second Amendment, Danielle, We're going to freedom ourselves to death.

Speaker 2

Come on, if we don't start.

Speaker 3

Taking action to stop this nonsense, does.

Speaker 1

This gag order to glunt. Does it pertain to the lawyers using their his lawyers using their bully pulpit using social media. That's one question. And then the other one is we also know that, you know, his spawn continue to spout and share a lot of violent rhetoric on social media, What if anything would be done to them?

Speaker 3

Yeah, I'm reading through the motion right here. I do believe it. There's no loophole.

Speaker 2

For the lawyers to percept what Donald Trump can't post. Okay, And frankly I don't.

Speaker 3

I don't think even as you know, poor you know, in the performance sense, as poor as the you know, Joey Takapine is and these kind of guys are, I don't think they would be the ones violating the court order. I think it's all about Trump. But if they do, they could you know, there are some additional possible sanctions because they could be referred to their own bar council for sanctions, for suspension, for fines, and ultimately for disbarment if it's a an egregious enough transgression.

Speaker 2

So, you know, the.

Speaker 3

Judge Marshawn has taken an important first step. And here's the thing. We are making incremental progress. I know it doesn't feel like it, but he has been tried for sexual assault and defamation, and a jury is deciding his guilt, not his guilt, but deciding who to rule for e Gen Carrol or Donald Trump, a former president, has now been tried for or sexual assault and defamation. He has been criminally indicted for thirty four felony accounts of creating

false business records why to steal the presidency. This is not creating false business records because you're trying to keep a little bit of money that you really should pay to the government in taxes.

Speaker 2

Now, this was.

Speaker 3

False business records designed to steal the presidents. He's criminally indicted. Now we have a new first. We have him with a gag order prohibiting him from misusing the evidence he's about to get in discovery. We're making progress. It doesn't feel like it, but we are making progress.

Speaker 1

Glen. In the time that we haven't spoken to you know, I want to head down now, just mentally to Georgia where the DA down there. Bonnie Willis issued a statement which I at the time thought was weird, you know, bizarre, issued a statement saying that the decision of whether or not to indict is going to happen between July and September of this year, and was putting the law enforcement on months notice. Glenn, what did you make of that statement? Was it? Like, why would Fannie Willis make it so

many months in advance? Why do you think that that was necessary?

Speaker 3

It had nothing to do with putting law enforcement on notice. She could have had a behind closed doors meeting right saying okay, folks, you know indictments are coming in July. That wasn't for law enforcements benefit, my benefit, your benefit. It was for the benefit of the twenty plus targets of her criminal investigation. She put them directly on notice with this letter that you all have until July to

come in cooperate. You know, probably take a little bite of the criminal charges that you have coming your way, but you'll be able to reduce your exposure significantly if you plead guilty and begin cooperating so I can work my way up the criminal ladder. This was a pr move designed to pressure the twenty plus targets of her investigation. Had nothing to do with putting law enforcement on notice.

Speaker 1

Now, is that a risky move in your opinion? Like, because again, isn't that something that could have been directly sent to the folks who have been asked to come in to provide their deposition over the course of these many, many months. Isn't that something that could have been done in private? What does it mean to do it in such a public way.

Speaker 3

It doesn't become real to many criminal targets of a grand jury's investigation until it is out there the public square, because then they're going to understand that. Fawnie Willis just put herself on the line and said, I don't think she really said, and I don't know that you have to read between the lines that I'll make a decision whether to prosecute people in July. She said, law enforcement buckle up charges are coming in July. That was the

I think thrust of her letter. Once that's put out there publicly by the district attorney, the targets know it's coming, rather than well, you know what, we're still kind of dealing behind closed doors. I'm thinking maybe my attorney can still keep me from being indicted.

Speaker 2

At no, No, you.

Speaker 3

Got sixty days and then you're gonna find yourself on the other side of the v.

Speaker 2

Georgia v. You what you're gonna do.

Speaker 1

So in this time too, Glenn, we have now seen Enriquaetorio, the Proud Boys and three other members can victed found guilty on conspiras on a seditious conspiracy, which you and I have talked about so many times because it's a difficult charge to bring and to prove. So now multiple people from the Oath Keepers to the Proud Boys right

have been found guilty of seditious conspiracy. Again, how does this these convictions, these guilty charges fall on the Department of Justice and the work that Smith is doing.

Speaker 3

Yeah, so this is something I call atmospheric precedent. You know, legal precedent technically means when an appellate court decides a case hands down an opinion, all the lower courts are obliged to follow that precedent. That's what precedent means most precisely in the law. But atmospheric precedent is when you know, juries return verdicts in cases that are related to other cases and other people. And here's where I think the Department of Justice gets the biggest bump from the Proud

Boy's convictions. Enrique Tario was convicted of seditious conspiracy and a whole bunch of crimes that were committed at the Capitol on January sixth, And he was not at the capital on January.

Speaker 2

Sixth, He wasn't even in DC.

Speaker 3

You know who else wasn't at the Capitol but was but is responsible for what happened there on January sixth, Steve Bannon, Mike Flynn, Roger Stone, Rudy Giuliani, John Eastman, Mark Meadows, Donald Trump. Now both the Department of Justice has charged and a jury has convicted somebody who was responsible for those crimes but was nowhere near the capital.

That kind of sets an atmospheric precedent. And if I were involved on the prosecution team, I would say, Ken, we finally go after the people at.

Speaker 2

The Willard war Room now and indict them? Can we finally.

Speaker 3

Go after Mark Meadows and Donald Trump and indict them? Look, we're doing a bang up job prosecuting the boots of the insurrection to foot soldiers. Time to get after the suits of the insurrection, the people who organized, orchestrated, funded, and incited, indeed gave the order to attack the capital. Let's get after it because we're burning democracy daylight. It blows my mind that we're treating Donald Trump like a viable candidate for the presidency.

Speaker 2

Let them hold town hall meetings, and CNN is gonna comporate it. Are you insane? Are you insane?

Speaker 3

This man he should be hounded every second of every day by every reporter on earth until he has nothing he can do but like say, in his little third rate resort mar A Lago with his moles that is, bedbugs, and not see the light of day until the marshals come and arrest him.

Speaker 2

It's insane that.

Speaker 3

We treat this man like he's a viable candidate for government office.

Speaker 2

After he ordered, he organized, he launched an.

Speaker 3

Attack on the US capital to try to unlawfully retain the power of the presidency.

Speaker 2

That is lunacy.

Speaker 1

I mean everything that you said, I have been tweeting, I said, you know, I don't understand how this. Having Donald Trump do a town hall at CNN right now as the man is literally as a jury is literally deliberating a rape case that he is at the center of, is like would have been giving Harvey Weinstein a town hall in the middle of all of the horrific allegations that were coming down of sexual assault and violence. Like, how do I don't understand the difference there.

Speaker 2

And this is a man Danielle, who we saw during the Egen Carol trial. We saw his deposition. He said, Hey, for millions of years, stars have been able to sexually.

Speaker 1

Oh my god, I'm a star.

Speaker 3

And you know what, unfortunately or fortunately, I get to do it, he said, stars get to sexually assault women.

Speaker 2

I'm a star. I get to do it.

Speaker 3

Fortunately, every single Republican politician who remains in Donald Trump's corner co signs that statement, adopts that statement, and announces, Yes, that's the kind of person we want in the Oval office. Are you sing kidding me?

Speaker 1

I mean, it is it? Honestly, Glenn, it is. We are in such and I'm so tired of this word, but such unprecedented, erratic, violent, criminal times. And honestly, you know, the last question that I have for you today is, even if, Glenn, even if all were to go our way, even if Jack Smith comes down, even if you know, the if Fannie Willis comes down, we go to court in Manhattan, Egen wins her. You know it's decided in

her favor. Where do we go do you know, like you because you have you just named we have an entire Republican Party that is behind a man that has been incused at least twenty six times of sexual harassment and assault. A man that has thirty four felony indictments against him for falsifying records, has other indictments hanging over his head for either stealing documents inciting an insurrection, Like where do we go?

Speaker 2

I don't know, you.

Speaker 3

Know, I asked myself the question all the time. Can we really really dig out and rebuild? I hope the answer is yes. I have to believe the answer is yes, because the alternative is just too dark to consider that.

Speaker 2

No, we can't. We're done. We're just going to.

Speaker 3

Spend the rest of our lives fighting aspiring autocrats and dictators and avowed you know, sexual offenders who say they have a right to do it.

Speaker 2

But you think about it.

Speaker 3

I mean, the Republican Party took away women's rights. The Republican Party is comfortable with children being murdered because they're more interested in supporting the gun lobby and everybody's you know, desire to have a weapon of mass destruction an assault rifle. I mean, they're comfortable with compromise at the Supreme Court.

They embrace all of this. Yeah. So, hopefully if the Republican Party is put out of business by this as a result of their continued adherence to Donald Trump, some responsible Republican Party rises up from the ashes.

Speaker 2

I always point to people whose policies.

Speaker 3

I disagree with, but Liz Cheney and Adam Kinsinger who said, I don't care about my job. I care about protecting and saving our republic from criminal politicians, and that is how I will spend my days fighting and listen, great, let's have them come into power and then argue about policy, not about whether sexually assaulting women is fortunately something the stars get to do.

Speaker 1

Glenn, we will leave it here today. Thank you as always for your analysis, your insight, and your indignation at where this country is and our legal system is right now. We really appreciate you.

Speaker 2

Thanks Danielle.

Speaker 1

That is it for me today. Dear friends on woka app as always, power to the people and to all the people. Power yet woke, and stay woke as fuck.

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