August 2, 2023 • 34 mins
POST-INDICTMENT TRUMP SPECIAL: COUNTDOWN WITH KEITH OLBERMANN
A-Block (1:43) SMITH MANAGES TO CHARGE TRUMP WITH A COUP, STOCHASTIC TERRORISM, SEDITION, AND ATTEMPTING TO FOMENT A CIVIL WAR - without ever using any of these weighted and difficult-to-prove phrases and charges. It is the genius of the charging document and indeed the case. It looks and reads like a set of Obstruction, Fraud, and Civil Rights charges. In fact it will go into history as the fiercest damnation of the worst criminal in American history
B-Block (21:51) YOU ARE NUMBER SIX: It can't all be gloom and doom. We have been unintentionally given a Wordle-like game to play. Let's call it "Trumple." There are six unidentified, unindicted co-conspirators in the case. Four are easily recognized: Rudy, John Eastman, Jeffrey Clark, and Sidney Powell. The fifth is a little tougher: Kenneth Cheseboro. But who is number six? Experts, sources and crowd-votes disagree. But I think I've found him. LET'S PLAY TRUMPLE.
C-Block (32:30) TRUMP'S DEFENSE? THIS WAS JUST FREE SPEECH. He's got a problem here. The judge assigned the case has heard countless January 6 trials and has already dismissed the 1st Amendment as a defense, and has mocked the loyalty of the seditionists to Trump. But, we get to hear Rudy cry about Trump. And you get to hear me guarantee you that eventually, Rudy will give him up.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:04):
Countdown with Keith Olderman is a production of iHeartRadio. Jack
Smith has charged Donald Trump with an attempted coup. Jack
(00:26):
Smith has charged Donald Trump with stochastic terrorism. Jack Smith
has charged Donald Trump with sedition. Jack Smith has charged
Donald Trump with the attempt to foment a second American
Civil War. And he has done all this without once
using any of those words and phrases. In the unexpected
(00:47):
shock of the fact of the forty five page document
charging a president of the United States with trying to
overthrow the government of the United States, as we collectively
felt the palpable sense of the oppressive weight of the
history this reports, it is easy to miss the subtleties
(01:09):
of the Special Council's work, and the importance of the
nuance of his language and what he did not say,
because in the things that Jack Smith did not say,
all the true crimes of Donald Trump, the ones the
history books will cover, if there are history books, if
there is history, all of the true crimes of Trump
(01:32):
are writ large in this third federal indictment of him,
but they are written between the lines, and as satisfying
as it might have been to literally read those words coup, terrorism,
Insurrection Civil War. These examples of incomparably charged language either
(01:54):
constitute the criminal statutes under which it is most difficult
to convict anyone, or they do not exist at all
within our criminal statutes. Paragraph eighty one quote. On the
afternoon of January third, Co Conspirator four, that's Jeffrey Clark,
the would be Attorney General. We'll get to the co
(02:15):
conspirators presently spoke with a deputy White House Council. The
previous month, the Deputy White House Council had informed the
defendant there is no world, there is no option in
which you do not leave the White House. On January twentieth, now,
the same Deputy White House Council tried to dissuade Co
Conspirator four from assuming the role of acting Attorney General.
(02:39):
The Deputy White House Council reiterated to co Conspirator four
that there had not been outcome determinative fraud in the election,
and that if the defendant remained in office, nonetheless, there
would be quote riots in every major city in the
United States unquote. Co Conspirator iov responded, well, that's why
(03:00):
there's an Insurrection Act. Unquote. That paragraph paragraph eighty one
describes a coup from inside the White House and the
stochastic terrorism needed to set the coup in motion, arrange
or precipitate a crisis of violence that not only works
to your favor initially, but then you can cite the
(03:23):
chaos and the bloodshed that ensues and use it as
a phony pretext to invoke the Insurrection Act, to impose
at least a large portion of martial law, and to
prevent the inauguration of the incoming president elect. And in
a court system laboring for centuries under the often disastrous
(03:43):
impact of precedent, Who has been charged with such things before?
Which president has been charged with such things before? Who
has been convicted? No one? Instead of running the risk
of having that list no one continue, Jack Smith has
(04:04):
used it the ordinary language of mundane crime, civil rights violations, fraud, obstruction,
while presenting to the America of twenty twenty three and
the world and to history the reality of what Trump
really did and why he is guilty enough that he
must die in prison for it. Paragraph ninety four. Quote
(04:28):
on January fourth, when co conspirator two, that would be
John Eastman, who wanted the vice president to decide the
election instead of say, the other three hundred and thirty
million Americans. When co Conspirator two acknowledged to the defendant's
senior advisor that no court would support his proposal, meaning Eastman's,
the senior advisor told co Conspirator two, you are going
(04:51):
to cause riots in the streets. Co Conspirator two responded
that there had previously been points in the nation's history
where violence was necessary to protect the republic. Paragraph ninety
four silently but potently accuses Trump and his henchmen and
(05:12):
his enablers like Eastman, with nothing less than trying to
start a civil war. There had previously been points in
the nation's history where violence was necessary to protect the republic.
When other than the Civil War? Was that the case
John Eastman when the World War One Bonus Army went
to Washington in nineteen thirty two and demanded financial help
(05:35):
during the depression, and instead of helping them, President Hoover
had the army clear out the army veterans and two
of the veterans died. No. No, Eastman, part of the
Trump six, was one of the plotters against representative government
in this country, and he was referring there to the
Civil War, and he and Trump were willing to instigate
(05:57):
another civil war to maintain power. Because these are not federalists,
nor small are Republicans, nor small D Democrats. They are
authoritarians further infected with the disease of believing the ends
justify the means, and Jack Smith has rightly condemned them
(06:18):
to be remembered as such by history. Paragraph ten subsection
E notes quote after it became public on the afternoon
of January sixth, that the vice president would not fraudulently
alter the election results, a large and angry crowd, including
many individuals whom the defendant had deceived into believing the
(06:41):
vice president could and might change the election results, violently
attacked the Capitol and halted the proceeding. As violence ensued,
the defendant and co conspirators exploited the disruption by redoubling
efforts to levy false claims of election fraud and convince
members of Congress to further delay the certification based on
(07:03):
those claims. Paragraph tene describes nothing less than sedition, and
the word is never used. The violence Trump has induced
through more stochastic terrorism unfolds. Trump does not act to
stop it. He has at least a form of his
(07:24):
riots in the streets, the ones Jeffrey Clark and John
Eastman had been warned about, and to Trump, this is
his chance, because that is Trump's worldview. The answer always
ultimately is force. The answer ultimately is always violence. The
answer ultimately is bloodshed. And the most important part of
(07:44):
those three paragraphs, and many others, is that they are
interwoven with the undertone of the entire Jack Smith charging Document,
the unspoken and more ominous part, the more urgent part
being that Trump still sees riots in the streets as
his means of regaining power, that he still encourages subtly, cleverly,
(08:09):
at far enough of a distance that his fingerprints will
not stick to any of it. He is still encouraging
his cultists to commit violence on behalf of him, on
behalf of his blurred, jaundiced, psychopathic, maniacal, insane vision of
a new United States. Donald Trump President for life. He
(08:31):
did it last month. The temptation for those who compose
the forty five pages of the charging document to write
and made the defendant burn in hell must have been
overwhelming to me. Their resistance, their restraint is remarkable. I
(08:51):
can only stand and stare at it, and although I
could never do it in a million years, it is
better this way. That message still springs out at the
reader from as I said before, between all the lines.
(09:12):
That to me is when I saw reading through the
document when the heat of its release and the shock
of its reality had subsided that, and of course a
renewed appreciation for a still larger undertone of Jack Smith's
document that throughout the commission of all of his crimes
stated and otherwise, Trump knew the organizing premise that he
really had won the election and was just correcting or wrong,
(09:34):
not creating a whirlwind. He knew it was a lie.
Smith introduces this starting with the twenty eighth word, and
he never stops. The document begins quote the defendant, Donald J.
Trump was the forty fifth president of the United States
(09:56):
and a candidate for reelection in twenty twenty. The defendant
lost the twenty twenty presidential election, and then begins the
deluge quoting again. Despite having lost, the defendant was determined
to remain in power, so for more than two months
following election day on November three, twenty twenty, the defendant
spread lies that there had been outcome determinative fraud in
(10:18):
the election and that he had actually won. These claims
were false, and the defendant knew that they were false,
but the defendant repeated and widely disseminated them anyway to
make his knowingly false claims appear legitimate, create an intense
national atmosphere of mistrust and anger, and erode public faith
in the administration of the election. I said in the
(10:42):
bulletin last night that in that first full paragraph there
are words and phrases that appear throughout the document like
characters in a novel, words like claims, lies, false, knowingly false.
That word knowingly is used thirty six times in the
(11:04):
charging document, lie and lies twenty five times, and false
is used ninety four times. This wasn't just sedition, and
it wasn't just terrorism, and it wasn't just the fomenting
of civil war and riots in the streets, as if
(11:25):
that phrasing is appropriate. That it wasn't just these things.
But it wasn't just these things. The point of the
Jack Smith indictment of Donald Trump is that it was
all done in the knowing cause of a knowing lie.
Trump knew, and Smith never lets us forget that in
(11:46):
every moment of the nightmare he put this nation through.
Trump knew he had lost, knew there were no legitimate
means for him to maintain his desperate grasp on power,
and knew that there were millions out there who did
not know any of this, and who, if he told
(12:07):
there had been fraud, would believe it, And who, if
he told there was a way for him to stay,
would believe that too. Yet, in paragraph after paragraph, the
document quotes Trump advisors and Trump lawyers and Trump political
appointees as telling Trump he lost once, and this is
impossibly important. And once Trump is quoted as acknowledging to
(12:30):
a group of government and military officials that yes, he
did lose. He acknowledges that, and then turns around and
literally minutes later resumes his attempt to lie his way
into a second term in in America. He would have
to turn into a dictatorship in order to retain power.
I'm quoting now from paragraph eighty three. On the evening
(12:53):
of January three, the defendant met for a briefing on
an overseas national security issue with the Chairman of the
Joint Chiefs of Staff and other senior national security advisors.
When the Chairman and another our advisor recommended that the
defendant take no action because inauguration day was only seventeen
days away and any course of action could trigger something unhelpful.
(13:14):
The defendant calmly agreed, stating, Yeah, you're right, it's too
late for us. We're going to have to give that
to the next guy. There could be no clearer admission
by Trump he lost. Biden would be president in two
weeks and four days. Quote it's too late for us.
(13:36):
Quote We're going to give that to the next guy.
Paragraph eighty three. And now I'm quoting from paragraph eighty four.
The defendant moved immediately from this national security briefing to
the meeting that the Acting Attorney General had requested earlier
that day. The defendant express frustration with the Acting Attorney
General for failing to do anything to overturn the election results,
(13:59):
and the group discussed co Conspirator IV's plans to investigate
purported election fraud and to send his proposed letter to
state officials. I said last night that this indictment offers
Trump only one obvious defense, stupidity. I did not know
it was illegal to try to overthrow the government and
(14:21):
lie to everybody as I did it I really need
to revise my estimation here. He could also enter an
insanity plea, because to go from one meeting about leaving
it to the next guy to another meeting minutes later
demanding to know why the Attorney General has not overturned
the election for you is dark, irredeemable madness. I wrote
(14:45):
long ago that the cause and the nature of it
was decreasingly relevant, but that the elemental truth about Donald
Trump is that his brain does not work correctly. And
to that point, I again direct you to paragraph ninety,
which contains some of the few newly revealed developments and
(15:08):
testimony from this worst period of American history. Quote. On
January one, twenty twenty one, the defendant called the Vice
president and berated him because he had learned that the
Vice president had opposed a lawsuit seeking a judicial decision
that at the certification the vice president had the authority
to reject or return votes to the states under the constitution.
(15:31):
The Vice president responded that he thought there was no
constitutional basis for such authority and that it was improper.
In response, the defendant told the vice president, quote, you're
too honest. What a quote, What a summing up of
the life of Donald Trump, and the mind numbing realization
(15:54):
that he has lived seventy seven years among us human
beings without once acting ethically or wondering if he should
act on behalf of someone else, or on behalf of
truth or reality, or just out of honesty to insult
(16:22):
someone by saying you're too honest, and there's worse. The
rest of paragraph ninety again emphasizes the juxtapositions that Smith
and those who wrote this document have chronicled. Trump says
Pence is too honest to Trump, it is an insult,
and then quote. Within hours of the conversation, the defendant
(16:45):
reminded his supporters to meet in Washington before the certification,
proceeding tweeting the big protest rally in Washington, d C.
Will take place at eleven am on January sixth. Locational
details to follow. Stop the steal, the utter, bleak, nauseating,
horrifying madness of Donald Trump. And remember again, if you
(17:12):
read this charging document, all of the lying, all of
the invoking of violence, all of the evil, all of
it documented forever, but more importantly than that, Trump is
still doing it. And in a well coordinated response, Trump's
(17:41):
minions have been everywhere. Responding to all this by insisting
Jack Smith has criminalized Donald Trump's First Amendment rights, Rudy
Giuliani was nearly in tears over the idea of this.
They are fake tears, of course, because in the one
(18:01):
leavening moment of the entire day, Jack Smith intentional or
inadvertently has given us a fun game to play for
a while. The wordle of the Trump indictments the immaculate
grid of the January sixth investigation, the home version of
the insurrection game. There are six unnamed, unindicted co conspirators
(18:24):
cited in the indictment. Four are easy to identify, a
fifth is challenging, the sixth. The sixth is a mystery.
Rudy Giuliani is unindicted co conspirator number one, and frankly,
no matter what he says, no matter how hard he cries,
(18:45):
he may yet flip on Trump. But who is number six?
Let's play trumpell? That's next. This is countdown. I am
(19:06):
not certain why it did not leap to my mind
immediately yesterday. It became quickly clear that I could not
identify who number six was. But then again, neither could
anybody else. Number six not in a trivia game, not
in a derivation of crosswords, not online par cheesy. But
there are six unidentified, unnamed, unindicted co conspirators in the
(19:29):
Jacksmith indictment document, and four of them are so easy
to identify and name that they might as well have
come with little baseball cards with their pictures and stats
on them. Those are the first four, number five, a
little tougher number six as yet a mystery number one,
easy number six, Wait a minute, number one, number six.
(19:52):
There is a still legendary, often unfathomable British TV series
from nineteen sixty seven called The Prisoner, which was pretty
much the work of one man, the actor Patrick McGowin.
I'll spare you too much of the background, but McGowan
is a spy. He's tried to quit. Somebody has captured
him and put him in a village sealed off from
the world, and nobody knows who the captors are, and
(20:13):
nobody has a name. They all have assigned numbers, and
there is a colloquy at the beginning of each episode,
I mean every episode exactly the same, in which Magowan
screams at his latest tormentor Ohio and the inquisitor replies
the new number two, and Magowan asks, oh, is not
Mawattin and he replies, you are number six. Okay, that's
(20:38):
the answer. Number six is Patrick McGowin. And the prisoner.
Enough fun. Now back to the end of the United
States of America as we know it, unless we defeat
Trump at the polls and he is convicted in this
case and the other ones I said last night, and
I will stick with this. If unindicted co conspirator number
six is not soon identified, there will be books about
(21:01):
him or her the way there were thirty years of
books about the identity of Deep Throat from Watergate until
he sort of and his family mostly outed him in
two thousand and five, and he was Mark Felt from
the FBI. So the game of identification of number six
is well, if there's wordle, this has to be trumpell.
(21:26):
Unindicted co conspirator number one is described in the document
as quote an attorney who was willing to spread knowingly
false claims and pursue strategies that the defendants twenty twenty
reelection campaign attorneys would not. Well, could you make that
a little easier for me? I'm not eight years old.
It's rudy. It's so obvious that it's rudy that I
(21:47):
think Jenna Ellis crinkled her nose when she read it.
Not only is it rudy, but I do not think
I saw anywhere, in any reporting, in any crowd sourcing,
in any form, anybody who guessed differently than Rudy. Who
is number two, or as I call it, the new
number two, And it's not Leo mccern. If you know,
(22:08):
you know the description quote an attorney who devised and
attempted to implement a strategy to leverage the vice president's
ceremonial role overseeing the certification, proceeding to obstruct the certification.
Say what was the name of that strategy about letting
the vice president choose the president?
Speaker 2 (22:26):
Ah?
Speaker 1 (22:27):
Right, the Eastman plan. I wonder who dremped up the
Eastman plan. Late last night John Eastman acknowledged, Yeah, I'm
number two. Number three is quote an attorney whose unfounded
claims of election fraud the defendant privately acknowledged to others
sounded quote crazy. Could they have not found a slightly
(22:48):
more obscure quote, I mean, something to make you think
Lynn would at least for a minute, or maybe drop
the reference to attorney, because if it doesn't say attorney,
crazy makes me think they're talking about Mike Lindell. But now,
whoever wrote this might as well have mentioned the Kraken,
which is the name they gave the plan to. I
think honor her Sydney Powell as number three. Number four
(23:12):
is quote a Justice Department official who attempted to use
the Justice Department to open sham election crime investigations. Well,
if it's a sham, it's Jeffrey Clark. Sadly, there was
not time to offer readers a link to the video
of Jeffrey Clark asking the FBI agents who were searching
his home to let him put on some long pants.
(23:33):
As I said, these first four were no brainers. Five
was Tough, an attorney who assisted in a plan to
submit fraudulent slates of presidential electors. I didn't get this
one at first. Then the Washington Post quoted sources who
said it was Kenneth Cheesebro And that's right. He was
the guy who worked with Eastman. And if you think
(23:53):
being John Eastman throughout all of upcoming American history is
going to be bad, imagine being John Eastman's assistant, and
now the stumper the two number six quote the political
consultant who helped implement a plan to submit fraudulent slates
of presidential electors to obstruct the certification proceeding. It is
(24:18):
so difficult that the authors, Again, I don't think this
was intentionally inserted into this to give everybody a little
respite from the drama and tragedy of the thing, but
it seems sometimes like it was. This is so difficult.
The authors have ceded a second clue about the identity
of number six way down there in paragraph one hundred
and nineteen, quote, co Conspirator six attempted to confirm phone
(24:43):
numbers for six United States senators whom the defendant had
directed co Conspirator one to call and attempt to enlist,
in further delaying the certification. So who was Rudy's assistant
on January sixth Who was the phone banking person? Well,
those first two words political consultant had the crowd dream
(25:05):
it was Jinny Thomas, wife of the only Supreme Court
justice with a for sale sign growing out of his
ass Well it's not Ginny Thomas. She was not helping
Rudy Giuliani phone bank on January sixth, But who was
that doesn't say number six was actually at the Willard
Hotel in the war room on January sixth, But this
(25:28):
seems almost necessary to the equation. I quote from the
newspaper The Guardian from November thirtieth, twenty twenty one. Trump,
the paper said, spoke with quote the lieutenants at the
Willard a team led by Trump lawyer's Rudy Giuliani. It's
not him, John Eastman, not him, Boris Epstein, oh and
(25:49):
Trump's strategist Steve Bannon. Later reporting suggested attorney Mike Roman
might have been there as well, and he was cooperating
to some degree with the Jack Smith investigation. Also there
Trump advisor and really bad dating choice Jason Miller, and
the candidates so obvious he should have been first in
our list of guesses, the ex New York City Police
(26:11):
commissioner and ex Cohn and the last person alive who
is still loyal to Rudolph Giuliani, Bernard Carrick. But was
Kerk actually involved with the fake electors? Quoting a post
at Daily Coas. By December one, twenty twenty, Krik was
apparently coordinating with Mark Meadows on travel expenses for his
(26:33):
election thwarting team, asking Meadows to transfer money for a
quote hotel for the team and two vehicles to pick
us up to Trump campaign attorney Christina Bob Four weeks later,
Bernie Kerrick is quoting a rate card. He wanted Meadows
to know he should be ready to give him and
Juliani five to eight million dollars quote to apply pressure
(26:56):
to force the legislators to do what they're constitutionally obligated
to do so. If numbers is somebody who is involved
in the fake elector's scheme and was kind of loosely
defined here as a political consultant, I'm going with Bernie Carrick.
(27:16):
Bernie is the new number six, number one, my reference
number one. Giuliani nearly weeping earlier. If you have not
heard the well planned self pitying self martyrdom of Team
Trump in response to this, they have wrapped themselves in
(27:37):
the flag they all urinated on on January sixth, I'll
sum it up for you. They are going with the
First Amendment thing. The problem is they've drawn a judge
who won't buy that. For a moment, and you'll get
to hear Rudy cry that's next. This is countdown. Trump
(28:00):
will be in court in Washington at four pm Thursday tomorrow,
and that'll be fun. And the case has already been
randomly assigned to Judge Tanya Chutkin, an Obama appointee. And
if Jack Smith got a tough draw with the judge
in Florida, not so much. Here. I am taking this
(28:20):
information from the fine work of the impeccable January sixth
Bureau chief of CBS News, Scott MacFarlane. Judge Chutkin is
virtually the DC Federal Court January sixth Bureau chief. She
has regularly given the harshest sentences to January sixth defendants.
Scott notes that in July twenty twenty two, she twice
(28:40):
went above the sentences recommended by the prosecutors. A month later,
she said videos of the coup showed how much quote horrifying,
the events that day were. Every single time I watch,
I'm struck by how those outnumbered law enforcement officers were
trying to stay alive. Same month, the judge said, it's
frankly so ironic that the crowd was chanting, USA, try
(29:05):
to every principle this country is supposed to stand for
a month after that, the judge said, the true patriots
are the Capital employees, including those who slipped in their
own blood seeking cover. On January sixth, a month after that.
They were mad that their guy lost. She said, I
see the videotape, the flags. The people who mobbed the
(29:25):
Capitol were there in fealty and loyalty to one man,
not the Constitution. Hey, defendant, judge is talking about you.
Speaker 2 (29:36):
Oh.
Speaker 1 (29:36):
In last month, the judge said something so apropos of
the defense in this case that you would think this
was scripted. Quoting Judge Chutkin again, this was no exercise
of First Amendment rights. It was a violent attempt to
overthrow the government. Good luck, I'm getting all those delays
you're gonna want here, don But about the First Amendment,
(30:00):
it was nineteen nineteen when Justice Oliver wender Holmes introduce
this phrase into our language. And I do not recall
centennial celebrations for it, but it hit one hundred just
four years ago. The most stringent protection of free speech,
Oliver Wendell Holmes wrote, would not protect a man in
falsely shouting fire in a theater and causing a panic.
(30:24):
And yet that is for all intents and purposes. The
Trump defense criminalizing the First Amendment, they claim, wrapping Trump
in the flag and glory, glory, hallelujah. And no, you know,
long term, you're not going to succeed in defending yourself
by claiming it is your First Amendment right to falsely
shout fire in a theater when you have made sure
(30:46):
there is no fire and never was a fire. Yet
you're shouting in any way, and you've bolted all the
exits to make sure all those people who stampede get
crushed in the panic, and then you blame the panic
on Biden. What's that couplet about what's in and what's out?
Tired Trump wrapping himself in the second Amendment? Wired, Trump
wrapping himself in the First Amendment. Please enjoy Rudy Giuliani's
(31:11):
voice cracking long.
Speaker 2 (31:12):
Ago he stop being careful, and I didn't worry. I
don't worry about the Jack Smiths of this world. I
have a chapter of my book so called stand Up
to Bullies. So here's what I say to Jack Smith
after the Supreme Court throughout your case, which should should
should have been a disgrace, and you should have gone
and found another profession because you don't belong in this one.
(31:35):
This one will be your legacy, violating the writer of
free speech of an American citizen, never mind whether he
was president or not. It could be anybody. It could
be a homeless person. You don't get to violate people's
first amendments, right Smith, No matter who the hell you are,
but no matter how sick you are with Trump derangement syndrome.
(31:57):
And this isn't the first time you've acted like an
unethical lawyer. It should be the last.
Speaker 1 (32:03):
Cry More, that was Rudy Giuliani speaking to you from
his role as unindicted co conspirator number one, who remains
that only because when he ratted everybody else to Jack Smith,
he did not give up Trump. Yet there are people
people on the unindicted co conspirator list, people who are
(32:24):
indicted co conspirators in the documents case, people who would
go to jail for Trump. Walt Nauda would go to
jail for Trump. That lunatic John Eastman is just enough
of a mad political scientist to do it. But I
say this having known him for thirty years, and I
say it without any fear of contradiction. Soon or late,
(32:46):
Rudy Giuliani will give up Trump. I've done all the
damage I can do here. Thank you for listening. Here
(33:07):
the credits. Most of the music arrange produced and performed
by Brian Ray and John Phillip Shanel, who are the
Countdown musical directors. All orchestration and keyboards by John Phillip Shanel. Guitars,
bass and drums by Brian Ray, produced by Tko Brothers.
Other Beethoven selections arranged and performed by the group No
Horns Allowed. That's countdown for this the nine hundred and
thirty eighth days since Donald Trump's first attempted coup against
(33:30):
the democratically elected government of the United States. You know what,
don't arrest him today. I mean, yesterday was enough and
we're already set for tomorrow. Everybody needs a day off.
The next scheduled countdown is tomorrow. Bulletins as the news
warrants till then. I'm Keith Oldraman, Good morning, good afternoon, goodnight,
and good luck. Countdown with Keith Olreman is a production
(34:00):
of iHeartRadio. For more podcasts from iHeartRadio, visit the iHeart
Radio app, Apple Podcasts, or wherever you get your podcasts.
Countdown with Keith Olderman is a production of iHeartRadio. Jack
Smith has charged Donald Trump with an attempted coup. Jack
(00:26):
Smith has charged Donald Trump with stochastic terrorism. Jack Smith
has charged Donald Trump with sedition. Jack Smith has charged
Donald Trump with the attempt to foment a second American
Civil War. And he has done all this without once
using any of those words and phrases. In the unexpected
(00:47):
shock of the fact of the forty five page document
charging a president of the United States with trying to
overthrow the government of the United States, as we collectively
felt the palpable sense of the oppressive weight of the
history this reports, it is easy to miss the subtleties
(01:09):
of the Special Council's work, and the importance of the
nuance of his language and what he did not say,
because in the things that Jack Smith did not say,
all the true crimes of Donald Trump, the ones the
history books will cover, if there are history books, if
there is history, all of the true crimes of Trump
(01:32):
are writ large in this third federal indictment of him,
but they are written between the lines, and as satisfying
as it might have been to literally read those words coup, terrorism,
Insurrection Civil War. These examples of incomparably charged language either
(01:54):
constitute the criminal statutes under which it is most difficult
to convict anyone, or they do not exist at all
within our criminal statutes. Paragraph eighty one quote. On the
afternoon of January third, Co Conspirator four, that's Jeffrey Clark,
the would be Attorney General. We'll get to the co
(02:15):
conspirators presently spoke with a deputy White House Council. The
previous month, the Deputy White House Council had informed the
defendant there is no world, there is no option in
which you do not leave the White House. On January twentieth, now,
the same Deputy White House Council tried to dissuade Co
Conspirator four from assuming the role of acting Attorney General.
(02:39):
The Deputy White House Council reiterated to co Conspirator four
that there had not been outcome determinative fraud in the election,
and that if the defendant remained in office, nonetheless, there
would be quote riots in every major city in the
United States unquote. Co Conspirator iov responded, well, that's why
(03:00):
there's an Insurrection Act. Unquote. That paragraph paragraph eighty one
describes a coup from inside the White House and the
stochastic terrorism needed to set the coup in motion, arrange
or precipitate a crisis of violence that not only works
to your favor initially, but then you can cite the
(03:23):
chaos and the bloodshed that ensues and use it as
a phony pretext to invoke the Insurrection Act, to impose
at least a large portion of martial law, and to
prevent the inauguration of the incoming president elect. And in
a court system laboring for centuries under the often disastrous
(03:43):
impact of precedent, Who has been charged with such things before?
Which president has been charged with such things before? Who
has been convicted? No one? Instead of running the risk
of having that list no one continue, Jack Smith has
(04:04):
used it the ordinary language of mundane crime, civil rights violations, fraud, obstruction,
while presenting to the America of twenty twenty three and
the world and to history the reality of what Trump
really did and why he is guilty enough that he
must die in prison for it. Paragraph ninety four. Quote
(04:28):
on January fourth, when co conspirator two, that would be
John Eastman, who wanted the vice president to decide the
election instead of say, the other three hundred and thirty
million Americans. When co Conspirator two acknowledged to the defendant's
senior advisor that no court would support his proposal, meaning Eastman's,
the senior advisor told co Conspirator two, you are going
(04:51):
to cause riots in the streets. Co Conspirator two responded
that there had previously been points in the nation's history
where violence was necessary to protect the republic. Paragraph ninety
four silently but potently accuses Trump and his henchmen and
(05:12):
his enablers like Eastman, with nothing less than trying to
start a civil war. There had previously been points in
the nation's history where violence was necessary to protect the republic.
When other than the Civil War? Was that the case
John Eastman when the World War One Bonus Army went
to Washington in nineteen thirty two and demanded financial help
(05:35):
during the depression, and instead of helping them, President Hoover
had the army clear out the army veterans and two
of the veterans died. No. No, Eastman, part of the
Trump six, was one of the plotters against representative government
in this country, and he was referring there to the
Civil War, and he and Trump were willing to instigate
(05:57):
another civil war to maintain power. Because these are not federalists,
nor small are Republicans, nor small D Democrats. They are
authoritarians further infected with the disease of believing the ends
justify the means, and Jack Smith has rightly condemned them
(06:18):
to be remembered as such by history. Paragraph ten subsection
E notes quote after it became public on the afternoon
of January sixth, that the vice president would not fraudulently
alter the election results, a large and angry crowd, including
many individuals whom the defendant had deceived into believing the
(06:41):
vice president could and might change the election results, violently
attacked the Capitol and halted the proceeding. As violence ensued,
the defendant and co conspirators exploited the disruption by redoubling
efforts to levy false claims of election fraud and convince
members of Congress to further delay the certification based on
(07:03):
those claims. Paragraph tene describes nothing less than sedition, and
the word is never used. The violence Trump has induced
through more stochastic terrorism unfolds. Trump does not act to
stop it. He has at least a form of his
(07:24):
riots in the streets, the ones Jeffrey Clark and John
Eastman had been warned about, and to Trump, this is
his chance, because that is Trump's worldview. The answer always
ultimately is force. The answer ultimately is always violence. The
answer ultimately is bloodshed. And the most important part of
(07:44):
those three paragraphs, and many others, is that they are
interwoven with the undertone of the entire Jack Smith charging Document,
the unspoken and more ominous part, the more urgent part
being that Trump still sees riots in the streets as
his means of regaining power, that he still encourages subtly, cleverly,
(08:09):
at far enough of a distance that his fingerprints will
not stick to any of it. He is still encouraging
his cultists to commit violence on behalf of him, on
behalf of his blurred, jaundiced, psychopathic, maniacal, insane vision of
a new United States. Donald Trump President for life. He
(08:31):
did it last month. The temptation for those who compose
the forty five pages of the charging document to write
and made the defendant burn in hell must have been
overwhelming to me. Their resistance, their restraint is remarkable. I
(08:51):
can only stand and stare at it, and although I
could never do it in a million years, it is
better this way. That message still springs out at the
reader from as I said before, between all the lines.
(09:12):
That to me is when I saw reading through the
document when the heat of its release and the shock
of its reality had subsided that, and of course a
renewed appreciation for a still larger undertone of Jack Smith's
document that throughout the commission of all of his crimes
stated and otherwise, Trump knew the organizing premise that he
really had won the election and was just correcting or wrong,
(09:34):
not creating a whirlwind. He knew it was a lie.
Smith introduces this starting with the twenty eighth word, and
he never stops. The document begins quote the defendant, Donald J.
Trump was the forty fifth president of the United States
(09:56):
and a candidate for reelection in twenty twenty. The defendant
lost the twenty twenty presidential election, and then begins the
deluge quoting again. Despite having lost, the defendant was determined
to remain in power, so for more than two months
following election day on November three, twenty twenty, the defendant
spread lies that there had been outcome determinative fraud in
(10:18):
the election and that he had actually won. These claims
were false, and the defendant knew that they were false,
but the defendant repeated and widely disseminated them anyway to
make his knowingly false claims appear legitimate, create an intense
national atmosphere of mistrust and anger, and erode public faith
in the administration of the election. I said in the
(10:42):
bulletin last night that in that first full paragraph there
are words and phrases that appear throughout the document like
characters in a novel, words like claims, lies, false, knowingly false.
That word knowingly is used thirty six times in the
(11:04):
charging document, lie and lies twenty five times, and false
is used ninety four times. This wasn't just sedition, and
it wasn't just terrorism, and it wasn't just the fomenting
of civil war and riots in the streets, as if
(11:25):
that phrasing is appropriate. That it wasn't just these things.
But it wasn't just these things. The point of the
Jack Smith indictment of Donald Trump is that it was
all done in the knowing cause of a knowing lie.
Trump knew, and Smith never lets us forget that in
(11:46):
every moment of the nightmare he put this nation through.
Trump knew he had lost, knew there were no legitimate
means for him to maintain his desperate grasp on power,
and knew that there were millions out there who did
not know any of this, and who, if he told
(12:07):
there had been fraud, would believe it, And who, if
he told there was a way for him to stay,
would believe that too. Yet, in paragraph after paragraph, the
document quotes Trump advisors and Trump lawyers and Trump political
appointees as telling Trump he lost once, and this is
impossibly important. And once Trump is quoted as acknowledging to
(12:30):
a group of government and military officials that yes, he
did lose. He acknowledges that, and then turns around and
literally minutes later resumes his attempt to lie his way
into a second term in in America. He would have
to turn into a dictatorship in order to retain power.
I'm quoting now from paragraph eighty three. On the evening
(12:53):
of January three, the defendant met for a briefing on
an overseas national security issue with the Chairman of the
Joint Chiefs of Staff and other senior national security advisors.
When the Chairman and another our advisor recommended that the
defendant take no action because inauguration day was only seventeen
days away and any course of action could trigger something unhelpful.
(13:14):
The defendant calmly agreed, stating, Yeah, you're right, it's too
late for us. We're going to have to give that
to the next guy. There could be no clearer admission
by Trump he lost. Biden would be president in two
weeks and four days. Quote it's too late for us.
(13:36):
Quote We're going to give that to the next guy.
Paragraph eighty three. And now I'm quoting from paragraph eighty four.
The defendant moved immediately from this national security briefing to
the meeting that the Acting Attorney General had requested earlier
that day. The defendant express frustration with the Acting Attorney
General for failing to do anything to overturn the election results,
(13:59):
and the group discussed co Conspirator IV's plans to investigate
purported election fraud and to send his proposed letter to
state officials. I said last night that this indictment offers
Trump only one obvious defense, stupidity. I did not know
it was illegal to try to overthrow the government and
(14:21):
lie to everybody as I did it I really need
to revise my estimation here. He could also enter an
insanity plea, because to go from one meeting about leaving
it to the next guy to another meeting minutes later
demanding to know why the Attorney General has not overturned
the election for you is dark, irredeemable madness. I wrote
(14:45):
long ago that the cause and the nature of it
was decreasingly relevant, but that the elemental truth about Donald
Trump is that his brain does not work correctly. And
to that point, I again direct you to paragraph ninety,
which contains some of the few newly revealed developments and
(15:08):
testimony from this worst period of American history. Quote. On
January one, twenty twenty one, the defendant called the Vice
president and berated him because he had learned that the
Vice president had opposed a lawsuit seeking a judicial decision
that at the certification the vice president had the authority
to reject or return votes to the states under the constitution.
(15:31):
The Vice president responded that he thought there was no
constitutional basis for such authority and that it was improper.
In response, the defendant told the vice president, quote, you're
too honest. What a quote, What a summing up of
the life of Donald Trump, and the mind numbing realization
(15:54):
that he has lived seventy seven years among us human
beings without once acting ethically or wondering if he should
act on behalf of someone else, or on behalf of
truth or reality, or just out of honesty to insult
(16:22):
someone by saying you're too honest, and there's worse. The
rest of paragraph ninety again emphasizes the juxtapositions that Smith
and those who wrote this document have chronicled. Trump says
Pence is too honest to Trump, it is an insult,
and then quote. Within hours of the conversation, the defendant
(16:45):
reminded his supporters to meet in Washington before the certification,
proceeding tweeting the big protest rally in Washington, d C.
Will take place at eleven am on January sixth. Locational
details to follow. Stop the steal, the utter, bleak, nauseating,
horrifying madness of Donald Trump. And remember again, if you
(17:12):
read this charging document, all of the lying, all of
the invoking of violence, all of the evil, all of
it documented forever, but more importantly than that, Trump is
still doing it. And in a well coordinated response, Trump's
(17:41):
minions have been everywhere. Responding to all this by insisting
Jack Smith has criminalized Donald Trump's First Amendment rights, Rudy
Giuliani was nearly in tears over the idea of this.
They are fake tears, of course, because in the one
(18:01):
leavening moment of the entire day, Jack Smith intentional or
inadvertently has given us a fun game to play for
a while. The wordle of the Trump indictments the immaculate
grid of the January sixth investigation, the home version of
the insurrection game. There are six unnamed, unindicted co conspirators
(18:24):
cited in the indictment. Four are easy to identify, a
fifth is challenging, the sixth. The sixth is a mystery.
Rudy Giuliani is unindicted co conspirator number one, and frankly,
no matter what he says, no matter how hard he cries,
(18:45):
he may yet flip on Trump. But who is number six?
Let's play trumpell? That's next. This is countdown. I am
(19:06):
not certain why it did not leap to my mind
immediately yesterday. It became quickly clear that I could not
identify who number six was. But then again, neither could
anybody else. Number six not in a trivia game, not
in a derivation of crosswords, not online par cheesy. But
there are six unidentified, unnamed, unindicted co conspirators in the
(19:29):
Jacksmith indictment document, and four of them are so easy
to identify and name that they might as well have
come with little baseball cards with their pictures and stats
on them. Those are the first four, number five, a
little tougher number six as yet a mystery number one,
easy number six, Wait a minute, number one, number six.
(19:52):
There is a still legendary, often unfathomable British TV series
from nineteen sixty seven called The Prisoner, which was pretty
much the work of one man, the actor Patrick McGowin.
I'll spare you too much of the background, but McGowan
is a spy. He's tried to quit. Somebody has captured
him and put him in a village sealed off from
the world, and nobody knows who the captors are, and
(20:13):
nobody has a name. They all have assigned numbers, and
there is a colloquy at the beginning of each episode,
I mean every episode exactly the same, in which Magowan
screams at his latest tormentor Ohio and the inquisitor replies
the new number two, and Magowan asks, oh, is not
Mawattin and he replies, you are number six. Okay, that's
(20:38):
the answer. Number six is Patrick McGowin. And the prisoner.
Enough fun. Now back to the end of the United
States of America as we know it, unless we defeat
Trump at the polls and he is convicted in this
case and the other ones I said last night, and
I will stick with this. If unindicted co conspirator number
six is not soon identified, there will be books about
(21:01):
him or her the way there were thirty years of
books about the identity of Deep Throat from Watergate until
he sort of and his family mostly outed him in
two thousand and five, and he was Mark Felt from
the FBI. So the game of identification of number six
is well, if there's wordle, this has to be trumpell.
(21:26):
Unindicted co conspirator number one is described in the document
as quote an attorney who was willing to spread knowingly
false claims and pursue strategies that the defendants twenty twenty
reelection campaign attorneys would not. Well, could you make that
a little easier for me? I'm not eight years old.
It's rudy. It's so obvious that it's rudy that I
(21:47):
think Jenna Ellis crinkled her nose when she read it.
Not only is it rudy, but I do not think
I saw anywhere, in any reporting, in any crowd sourcing,
in any form, anybody who guessed differently than Rudy. Who
is number two, or as I call it, the new
number two, And it's not Leo mccern. If you know,
(22:08):
you know the description quote an attorney who devised and
attempted to implement a strategy to leverage the vice president's
ceremonial role overseeing the certification, proceeding to obstruct the certification.
Say what was the name of that strategy about letting
the vice president choose the president?
Speaker 2 (22:26):
Ah?
Speaker 1 (22:27):
Right, the Eastman plan. I wonder who dremped up the
Eastman plan. Late last night John Eastman acknowledged, Yeah, I'm
number two. Number three is quote an attorney whose unfounded
claims of election fraud the defendant privately acknowledged to others
sounded quote crazy. Could they have not found a slightly
(22:48):
more obscure quote, I mean, something to make you think
Lynn would at least for a minute, or maybe drop
the reference to attorney, because if it doesn't say attorney,
crazy makes me think they're talking about Mike Lindell. But now,
whoever wrote this might as well have mentioned the Kraken,
which is the name they gave the plan to. I
think honor her Sydney Powell as number three. Number four
(23:12):
is quote a Justice Department official who attempted to use
the Justice Department to open sham election crime investigations. Well,
if it's a sham, it's Jeffrey Clark. Sadly, there was
not time to offer readers a link to the video
of Jeffrey Clark asking the FBI agents who were searching
his home to let him put on some long pants.
(23:33):
As I said, these first four were no brainers. Five
was Tough, an attorney who assisted in a plan to
submit fraudulent slates of presidential electors. I didn't get this
one at first. Then the Washington Post quoted sources who
said it was Kenneth Cheesebro And that's right. He was
the guy who worked with Eastman. And if you think
(23:53):
being John Eastman throughout all of upcoming American history is
going to be bad, imagine being John Eastman's assistant, and
now the stumper the two number six quote the political
consultant who helped implement a plan to submit fraudulent slates
of presidential electors to obstruct the certification proceeding. It is
(24:18):
so difficult that the authors, Again, I don't think this
was intentionally inserted into this to give everybody a little
respite from the drama and tragedy of the thing, but
it seems sometimes like it was. This is so difficult.
The authors have ceded a second clue about the identity
of number six way down there in paragraph one hundred
and nineteen, quote, co Conspirator six attempted to confirm phone
(24:43):
numbers for six United States senators whom the defendant had
directed co Conspirator one to call and attempt to enlist,
in further delaying the certification. So who was Rudy's assistant
on January sixth Who was the phone banking person? Well,
those first two words political consultant had the crowd dream
(25:05):
it was Jinny Thomas, wife of the only Supreme Court
justice with a for sale sign growing out of his
ass Well it's not Ginny Thomas. She was not helping
Rudy Giuliani phone bank on January sixth, But who was
that doesn't say number six was actually at the Willard
Hotel in the war room on January sixth, But this
(25:28):
seems almost necessary to the equation. I quote from the
newspaper The Guardian from November thirtieth, twenty twenty one. Trump,
the paper said, spoke with quote the lieutenants at the
Willard a team led by Trump lawyer's Rudy Giuliani. It's
not him, John Eastman, not him, Boris Epstein, oh and
(25:49):
Trump's strategist Steve Bannon. Later reporting suggested attorney Mike Roman
might have been there as well, and he was cooperating
to some degree with the Jack Smith investigation. Also there
Trump advisor and really bad dating choice Jason Miller, and
the candidates so obvious he should have been first in
our list of guesses, the ex New York City Police
(26:11):
commissioner and ex Cohn and the last person alive who
is still loyal to Rudolph Giuliani, Bernard Carrick. But was
Kerk actually involved with the fake electors? Quoting a post
at Daily Coas. By December one, twenty twenty, Krik was
apparently coordinating with Mark Meadows on travel expenses for his
(26:33):
election thwarting team, asking Meadows to transfer money for a
quote hotel for the team and two vehicles to pick
us up to Trump campaign attorney Christina Bob Four weeks later,
Bernie Kerrick is quoting a rate card. He wanted Meadows
to know he should be ready to give him and
Juliani five to eight million dollars quote to apply pressure
(26:56):
to force the legislators to do what they're constitutionally obligated
to do so. If numbers is somebody who is involved
in the fake elector's scheme and was kind of loosely
defined here as a political consultant, I'm going with Bernie Carrick.
(27:16):
Bernie is the new number six, number one, my reference
number one. Giuliani nearly weeping earlier. If you have not
heard the well planned self pitying self martyrdom of Team
Trump in response to this, they have wrapped themselves in
(27:37):
the flag they all urinated on on January sixth, I'll
sum it up for you. They are going with the
First Amendment thing. The problem is they've drawn a judge
who won't buy that. For a moment, and you'll get
to hear Rudy cry that's next. This is countdown. Trump
(28:00):
will be in court in Washington at four pm Thursday tomorrow,
and that'll be fun. And the case has already been
randomly assigned to Judge Tanya Chutkin, an Obama appointee. And
if Jack Smith got a tough draw with the judge
in Florida, not so much. Here. I am taking this
(28:20):
information from the fine work of the impeccable January sixth
Bureau chief of CBS News, Scott MacFarlane. Judge Chutkin is
virtually the DC Federal Court January sixth Bureau chief. She
has regularly given the harshest sentences to January sixth defendants.
Scott notes that in July twenty twenty two, she twice
(28:40):
went above the sentences recommended by the prosecutors. A month later,
she said videos of the coup showed how much quote horrifying,
the events that day were. Every single time I watch,
I'm struck by how those outnumbered law enforcement officers were
trying to stay alive. Same month, the judge said, it's
frankly so ironic that the crowd was chanting, USA, try
(29:05):
to every principle this country is supposed to stand for
a month after that, the judge said, the true patriots
are the Capital employees, including those who slipped in their
own blood seeking cover. On January sixth, a month after that.
They were mad that their guy lost. She said, I
see the videotape, the flags. The people who mobbed the
(29:25):
Capitol were there in fealty and loyalty to one man,
not the Constitution. Hey, defendant, judge is talking about you.
Speaker 2 (29:36):
Oh.
Speaker 1 (29:36):
In last month, the judge said something so apropos of
the defense in this case that you would think this
was scripted. Quoting Judge Chutkin again, this was no exercise
of First Amendment rights. It was a violent attempt to
overthrow the government. Good luck, I'm getting all those delays
you're gonna want here, don But about the First Amendment,
(30:00):
it was nineteen nineteen when Justice Oliver wender Holmes introduce
this phrase into our language. And I do not recall
centennial celebrations for it, but it hit one hundred just
four years ago. The most stringent protection of free speech,
Oliver Wendell Holmes wrote, would not protect a man in
falsely shouting fire in a theater and causing a panic.
(30:24):
And yet that is for all intents and purposes. The
Trump defense criminalizing the First Amendment, they claim, wrapping Trump
in the flag and glory, glory, hallelujah. And no, you know,
long term, you're not going to succeed in defending yourself
by claiming it is your First Amendment right to falsely
shout fire in a theater when you have made sure
(30:46):
there is no fire and never was a fire. Yet
you're shouting in any way, and you've bolted all the
exits to make sure all those people who stampede get
crushed in the panic, and then you blame the panic
on Biden. What's that couplet about what's in and what's out?
Tired Trump wrapping himself in the second Amendment? Wired, Trump
wrapping himself in the First Amendment. Please enjoy Rudy Giuliani's
(31:11):
voice cracking long.
Speaker 2 (31:12):
Ago he stop being careful, and I didn't worry. I
don't worry about the Jack Smiths of this world. I
have a chapter of my book so called stand Up
to Bullies. So here's what I say to Jack Smith
after the Supreme Court throughout your case, which should should
should have been a disgrace, and you should have gone
and found another profession because you don't belong in this one.
(31:35):
This one will be your legacy, violating the writer of
free speech of an American citizen, never mind whether he
was president or not. It could be anybody. It could
be a homeless person. You don't get to violate people's
first amendments, right Smith, No matter who the hell you are,
but no matter how sick you are with Trump derangement syndrome.
(31:57):
And this isn't the first time you've acted like an
unethical lawyer. It should be the last.
Speaker 1 (32:03):
Cry More, that was Rudy Giuliani speaking to you from
his role as unindicted co conspirator number one, who remains
that only because when he ratted everybody else to Jack Smith,
he did not give up Trump. Yet there are people
people on the unindicted co conspirator list, people who are
(32:24):
indicted co conspirators in the documents case, people who would
go to jail for Trump. Walt Nauda would go to
jail for Trump. That lunatic John Eastman is just enough
of a mad political scientist to do it. But I
say this having known him for thirty years, and I
say it without any fear of contradiction. Soon or late,
(32:46):
Rudy Giuliani will give up Trump. I've done all the
damage I can do here. Thank you for listening. Here
(33:07):
the credits. Most of the music arrange produced and performed
by Brian Ray and John Phillip Shanel, who are the
Countdown musical directors. All orchestration and keyboards by John Phillip Shanel. Guitars,
bass and drums by Brian Ray, produced by Tko Brothers.
Other Beethoven selections arranged and performed by the group No
Horns Allowed. That's countdown for this the nine hundred and
thirty eighth days since Donald Trump's first attempted coup against
(33:30):
the democratically elected government of the United States. You know what,
don't arrest him today. I mean, yesterday was enough and
we're already set for tomorrow. Everybody needs a day off.
The next scheduled countdown is tomorrow. Bulletins as the news
warrants till then. I'm Keith Oldraman, Good morning, good afternoon, goodnight,
and good luck. Countdown with Keith Olreman is a production
(34:00):
of iHeartRadio. For more podcasts from iHeartRadio, visit the iHeart
Radio app, Apple Podcasts, or wherever you get your podcasts.
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