Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
From the UCUT Trampic Center. You see healthy O fine,
comprehensive care that's so personal it makes your best tomorrow possible.
That's boundless care for better outcomes. Expect more at ucehealth
dot com. Snowy Roadways making for problems. Southbound seventy five
the latest anks and Andy's at one twenty nine. That's
banking traffic to the County Butler County rest Area. Southbound
(00:24):
seventy one break lights from a bub Field journle off
and onto Red Bank with a couple of rex one
below two seventy five one a little bit closer to
Red Bank. Coming up next, It's time to celebrate National
Drink Wine Day. While you could just pop the cork,
pour a glass of your favorite veno and listen to
our next guests, the Judge, and you'd be doing that
(00:47):
for all the right reaslings, Chuck Ingram on fifty five
KR see de talk station.
Speaker 2 (00:54):
Can we get a rim shot on that one? All
the right reastlings right. I was always happy to welcome
to the fifty five Carrisse Morning Show. My dear friend
love hearing from and I love. His column comes out
every Wednesday at midnight. Judge Enitapolton and welcome back to
the fifty five Case Morning Show.
Speaker 3 (01:14):
Where does he come up with this stuff National red wine?
Speaker 2 (01:18):
Tay, I don't know, you know what, and I bet
you that's the thing. I bet you it's a thing.
But where he comes up with it, I don't know.
I don't know how much time he's got back there
and his little booth that they never let him out of,
but certainly enough time to figure out what's going on
during the day to make up some funny comment about you,
Judge Nita Polton.
Speaker 3 (01:38):
Why do they never let him out?
Speaker 2 (01:41):
Well, that's because he does traffic for like, I Heart
Media owns like seven hundred and fifty stations, and I
think he does traffic for all of them.
Speaker 3 (01:50):
My god, that's.
Speaker 2 (01:51):
An overstatement by far, but he does the Midwest traffic.
So he's doing traffic reports in Columbus and in Toledo
and I don't know Chicago whatever. But he's got a
lot of traffic reports to follow. So he sits in
a room. I think it's got like twenty different video
screens in it. So it's an interesting thing he's got
going on over there.
Speaker 3 (02:11):
Right, It is fascinating.
Speaker 2 (02:15):
Well, anyway, this I am glad. You know, I'm always
happy with your column. You know, I love what you're right,
and you and I see eye to eye in terms
of our political philosophy. We believe in the Constitution. But
I've been puzzling over how it is that Mayor Eric
adams prosecution was just suddenly dismissed. I mean, was it
a trumped upcase that the grand jury got wrong at
(02:35):
the outset and the federal government said, well, or the
Department of Justice again, well we can't win on this,
or was something going on behind the scenes, And apparently
it was the latter.
Speaker 3 (02:47):
Yes, apparently it was a quid pro quo. And of
course the rub here that is giving a lawyer's ethical
heartburn and maybe even criminal exposure, is that it is
not being dismissed. It's being dismissed without prejudice, which to
(03:07):
lay people means being put on a shelf to be
taken off whenever the Feds want. So this is a
sort of democles. If you will, hanging over the mayor's head,
you change your policies one hundred and eighty degrees on immigration,
You mobilize the massive city workforce to cooperate with Ice,
(03:31):
and we will keep this case against you on the shelf.
Is that a form of bribery? I argue in my
piece this morning that it is a form of bribery.
It's absolutely illicit. I commend the lawyers to resign. It's
a terrible thing to have to resign work that you
love and at which you excel. The resignation was prompted.
(03:53):
The resignations, there's now eight of them, were prompted by
the initial one by dan El Sassoon, whom Trump appointed
to be the acting US Attorney in the Southern District
of New York. She is a former law clerk for
Justice antonin Scalia. She's active in the Federalist Society. She's
(04:16):
a conservative slash libertarian Republican. She's also the best trial
lawyer they have in that Federal prosecutorial office and Demalist
Sam Bankman freed in four hours of cross examination in
that notorious prosecution last year. When she was approached by
(04:37):
the mayor's lawyers who said, hey, we have a deal.
The mayor will cooperate with Ice if you dropped this,
she said absolutely not, absolutely not, whereupon his lawyers went
over her head to the new management of the Justice Department,
and they found the deal very appealing. Whereupon the Justice
Department ordered Danielle to sign papers asked a federal judge
(05:01):
so dismissed the case. She said she wouldn't, and she
stated why in an eight page letter, whereupon they said
sign it anyway. Whereupon she resigned, and seven other lawyers
involved in the case, he of the directly or from
an administrative prospective resigned also. Now a federal judge today
(05:22):
has ordered all these lawyers into his courtroom. I think
he's going to put them under oaths and have them
testify to what happened. The mayor's lawyers, of course, denied,
is acquited for a course. The mayor, by the way,
is pleaded not guilty and denies the allegations against him.
According to Danielle says soon and according to the former
governor of New Jersey and former US Attorney in New Jersey,
(05:43):
Chris Christie, who says he's seen the evidence, the evidence
of guilt is overwhelming.
Speaker 1 (05:47):
Wow.
Speaker 3 (05:48):
Charge the charge is bribery, and the charges were the
investigation was begun under Trump one. So to say that
this is a political prosecution by the bidendoj is seriously
to misread all this. So is it bribery? Is it can?
(06:12):
Can the government bribe a criminal defendant in a bribery case? Found?
I'm sorry, but this is what happened.
Speaker 2 (06:21):
Well, let me just sort of I don't know that
this is devil's advocacy. But when you're dealing with a
criminal and you have sufficient evidence to convict them beyond
a reasonable doubt in court, if that criminal maybe turned
state's evidence, like say in a mob case, quite often
they'll give them liberty. They'll they'll relieve them from any
charges in return for testimony. Is there is there a
(06:44):
difference between that scenario. In this scenario, you work with
us and help us get rid of these bad guys.
Speaker 3 (06:50):
I recognize from all my years in this business that
the scenario you have described as standard operating procedure. I
could probably go so far as to say it happens
every day in every courthouse in the United States. The
government wants a big fish. They indict the big fish
(07:13):
and a bunch of little small fishes around him. Then
they enter into a deal with one or two of
the small fishes will go easy on you to testify
against the big fish. If defense council does that. It's
called witness tampering. Why are the Feds able to get
away with it? Now? I know that I am in
(07:34):
an extreme. I don't even know anybody or anybody that
agrees with me. I extremely him at the a minority
of one. But that's where we uh, that's where we
stand today. In the mayor's case, they did the same thing,
and his chief assistant, his body man, his closest advisor,
(07:57):
pleaded guilty, and it is prepared to testify him. And
still they want to put the case on the shelf
so that the mayor will cooperate with ICE. Cooperation with
ICE in New York City is a big deal. Is
he required in the law to cooperate with Ice? No,
he's not. Can he interfere with Ice? Of course not.
He can't interfere any more than anybody else can. Can
(08:20):
he say to the belief to the corrections officers, to
social services do not help Ice? Yes he can, And
he was saying that until from one hundred and eighty
degree a switch. Now ICE is allowed to walk into
the jails without warrants and say do you speak Spanish?
(08:42):
How did you get here? The guy can't answer that
yank him out of the jail, jail and send him
to Cuba. They go into homeless shelters. They can go
into any place owned and operated or are controlled by
the city without a warrant and yank anybody out that
they want on the basis of their illiteracy and inability
(09:03):
to prove citizenship because the mayor has suddenly had a
change of heart. Now, to make this even more complicated,
under the New York State Constitution, the governor can remove
the mayor if she believes he is not capable of
performing his job. And if she removes him, he is
(09:26):
gone for thirty days, during which she has to hold
public hearings at which he can testify. But if she
does remove him, the next person in line isn't even
a Democrat. This guy's a member of the Working Families Party.
This is about as hard left a politician as you're
flying as you'll find. You think he's going to cooperate with.
Speaker 4 (09:48):
Iw York story, but it is profound to show what
the doj will try and get away with.
Speaker 3 (10:00):
Can a federal judge order to prosecute it's to prosecute,
of course, not Kenny dismiss it with prejudice, meaning it's
not on the shelf. They have no sort of damicalies
over the mayor. Yes he can, Kenny appoint a private
attorney generallaw a retired or ex federal prosecutor or ex
federal or state judge to prosecute the case at the
(10:22):
government's expense. Yes he can. Well.
Speaker 2 (10:25):
And to that point, this is what I was going
to pivot over to, because in the situation involving doctor
Fauci's pardon, the presidential pardon only extends the federal crimes,
and there are a bunch of state ages that are
looking into it to see if he may have violate
any state law. So the Department of Justice on a
federal level says, Okay, we're going to dismiss without prejudice.
We've got this hanging on the shelf here, any we
can bring it back anytime he wants. You better damn,
(10:47):
We'll comply with what we're asking. How about a state
prosecutor stepping in, because fraud is state law governed by
state law as well.
Speaker 3 (10:56):
This would be the Manhattan District attorney. You know his name,
Alvin Bragg. Yeah, it's the same person prosecuted Donald Trump.
Alvin Bragg is the mayor's up for reelection in twenty
five this year, Alvin Bragg is up for reelection in
twenty six. They both appeal to the same liberal base
(11:17):
in Manhattan. However, he may have very little choice but
to do this. All he has to do is the
poena the federal files. Yeah, and he has the tied
up wrapped up with a bow on top. The Feds
are ready to go. The local Feds are ready to
go until the DC.
Speaker 2 (11:34):
Feds came up with this scam and to that end,
and since the local Feds had this wonderful case, we're
ready to go to trial and have resigned because of
the shenanigans going on with the Department of Justice. Are
they at liberties as sort of just hand those documents
over to Bragg?
Speaker 3 (11:51):
Well, they're no longer employed, but well, yeah, government the
liberty to download what's in their brains, and they're at
liberty their own personal notes. But in terms of the files,
Bragg would have to subpoena them. I'm sure the Feds
would resist the subpoena. I don't know how the court
will rule. Okay, Formally, there is extraordinary cooperation between the
(12:17):
state and the FEDS. Yes, not all the charges against
Adams are also state crimes. Some of them are uniquely
federal crimes. But the main one, bribery, the one that
the Trump DOJ under Bill Barr began investigating in two
thoy and nineteen, those are clearly state crimes as well.
Speaker 2 (12:37):
Okay, but now let me but back up. So, theoretically,
had these folks not resigned, you're saying suggesting that you know,
regular cooperation between state and feds, and I know that
happens all the time, they could have turned the files
over to the state prosecutor before they left, before they quit.
Speaker 3 (12:55):
Yes, absolutely, that may have happened. For all we know,
I sort of it. That might be an ethical problem
just turning over file. So though she was the acting
US attorney. And as you know, the Southern District of
the York, federal prosecutors in Manhattan are sometimes referred to
as the Sovereign District of New York because notorious independence
(13:21):
at e level of independence that the new DOJ apparently resents.
Speaker 2 (13:26):
Jud Jenna Paulaton, I really I'm glad you broke this
down because I know that I was confusion was swirling
in my head, and I was not aware of the backstore.
I know Adams did take a turn in terms of
his willingness to cooperate, but I never connected the dots
on the tube. But apparently there's plenty of documents and
information that would allow everybody to even write it in
your column. Construct The deal is constructible from the letters
(13:49):
and emails written between those formally involved with the prosecution
and the lawyers working on the case on behalf of
the mayor.
Speaker 3 (13:57):
There
From the UCUT Trampic Center. You see healthy O fine,
comprehensive care that's so personal it makes your best tomorrow possible.
That's boundless care for better outcomes. Expect more at ucehealth
dot com. Snowy Roadways making for problems. Southbound seventy five
the latest anks and Andy's at one twenty nine. That's
banking traffic to the County Butler County rest Area. Southbound
(00:24):
seventy one break lights from a bub Field journle off
and onto Red Bank with a couple of rex one
below two seventy five one a little bit closer to
Red Bank. Coming up next, It's time to celebrate National
Drink Wine Day. While you could just pop the cork,
pour a glass of your favorite veno and listen to
our next guests, the Judge, and you'd be doing that
(00:47):
for all the right reaslings, Chuck Ingram on fifty five
KR see de talk station.
Speaker 2 (00:54):
Can we get a rim shot on that one? All
the right reastlings right. I was always happy to welcome
to the fifty five Carrisse Morning Show. My dear friend
love hearing from and I love. His column comes out
every Wednesday at midnight. Judge Enitapolton and welcome back to
the fifty five Case Morning Show.
Speaker 3 (01:14):
Where does he come up with this stuff National red wine?
Speaker 2 (01:18):
Tay, I don't know, you know what, and I bet
you that's the thing. I bet you it's a thing.
But where he comes up with it, I don't know.
I don't know how much time he's got back there
and his little booth that they never let him out of,
but certainly enough time to figure out what's going on
during the day to make up some funny comment about you,
Judge Nita Polton.
Speaker 3 (01:38):
Why do they never let him out?
Speaker 2 (01:41):
Well, that's because he does traffic for like, I Heart
Media owns like seven hundred and fifty stations, and I
think he does traffic for all of them.
Speaker 3 (01:50):
My god, that's.
Speaker 2 (01:51):
An overstatement by far, but he does the Midwest traffic.
So he's doing traffic reports in Columbus and in Toledo
and I don't know Chicago whatever. But he's got a
lot of traffic reports to follow. So he sits in
a room. I think it's got like twenty different video
screens in it. So it's an interesting thing he's got
going on over there.
Speaker 3 (02:11):
Right, It is fascinating.
Speaker 2 (02:15):
Well, anyway, this I am glad. You know, I'm always
happy with your column. You know, I love what you're right,
and you and I see eye to eye in terms
of our political philosophy. We believe in the Constitution. But
I've been puzzling over how it is that Mayor Eric
adams prosecution was just suddenly dismissed. I mean, was it
a trumped upcase that the grand jury got wrong at
(02:35):
the outset and the federal government said, well, or the
Department of Justice again, well we can't win on this,
or was something going on behind the scenes, And apparently
it was the latter.
Speaker 3 (02:47):
Yes, apparently it was a quid pro quo. And of
course the rub here that is giving a lawyer's ethical
heartburn and maybe even criminal exposure, is that it is
not being dismissed. It's being dismissed without prejudice, which to
(03:07):
lay people means being put on a shelf to be
taken off whenever the Feds want. So this is a
sort of democles. If you will, hanging over the mayor's head,
you change your policies one hundred and eighty degrees on immigration,
You mobilize the massive city workforce to cooperate with Ice,
(03:31):
and we will keep this case against you on the shelf.
Is that a form of bribery? I argue in my
piece this morning that it is a form of bribery.
It's absolutely illicit. I commend the lawyers to resign. It's
a terrible thing to have to resign work that you
love and at which you excel. The resignation was prompted.
(03:53):
The resignations, there's now eight of them, were prompted by
the initial one by dan El Sassoon, whom Trump appointed
to be the acting US Attorney in the Southern District
of New York. She is a former law clerk for
Justice antonin Scalia. She's active in the Federalist Society. She's
(04:16):
a conservative slash libertarian Republican. She's also the best trial
lawyer they have in that Federal prosecutorial office and Demalist
Sam Bankman freed in four hours of cross examination in
that notorious prosecution last year. When she was approached by
(04:37):
the mayor's lawyers who said, hey, we have a deal.
The mayor will cooperate with Ice if you dropped this,
she said absolutely not, absolutely not, whereupon his lawyers went
over her head to the new management of the Justice Department,
and they found the deal very appealing. Whereupon the Justice
Department ordered Danielle to sign papers asked a federal judge
(05:01):
so dismissed the case. She said she wouldn't, and she
stated why in an eight page letter, whereupon they said
sign it anyway. Whereupon she resigned, and seven other lawyers
involved in the case, he of the directly or from
an administrative prospective resigned also. Now a federal judge today
(05:22):
has ordered all these lawyers into his courtroom. I think
he's going to put them under oaths and have them
testify to what happened. The mayor's lawyers, of course, denied,
is acquited for a course. The mayor, by the way,
is pleaded not guilty and denies the allegations against him.
According to Danielle says soon and according to the former
governor of New Jersey and former US Attorney in New Jersey,
(05:43):
Chris Christie, who says he's seen the evidence, the evidence
of guilt is overwhelming.
Speaker 1 (05:47):
Wow.
Speaker 3 (05:48):
Charge the charge is bribery, and the charges were the
investigation was begun under Trump one. So to say that
this is a political prosecution by the bidendoj is seriously
to misread all this. So is it bribery? Is it can?
(06:12):
Can the government bribe a criminal defendant in a bribery case? Found?
I'm sorry, but this is what happened.
Speaker 2 (06:21):
Well, let me just sort of I don't know that
this is devil's advocacy. But when you're dealing with a
criminal and you have sufficient evidence to convict them beyond
a reasonable doubt in court, if that criminal maybe turned
state's evidence, like say in a mob case, quite often
they'll give them liberty. They'll they'll relieve them from any
charges in return for testimony. Is there is there a
(06:44):
difference between that scenario. In this scenario, you work with
us and help us get rid of these bad guys.
Speaker 3 (06:50):
I recognize from all my years in this business that
the scenario you have described as standard operating procedure. I
could probably go so far as to say it happens
every day in every courthouse in the United States. The
government wants a big fish. They indict the big fish
(07:13):
and a bunch of little small fishes around him. Then
they enter into a deal with one or two of
the small fishes will go easy on you to testify
against the big fish. If defense council does that. It's
called witness tampering. Why are the Feds able to get
away with it? Now? I know that I am in
(07:34):
an extreme. I don't even know anybody or anybody that
agrees with me. I extremely him at the a minority
of one. But that's where we uh, that's where we
stand today. In the mayor's case, they did the same thing,
and his chief assistant, his body man, his closest advisor,
(07:57):
pleaded guilty, and it is prepared to testify him. And
still they want to put the case on the shelf
so that the mayor will cooperate with ICE. Cooperation with
ICE in New York City is a big deal. Is
he required in the law to cooperate with Ice? No,
he's not. Can he interfere with Ice? Of course not.
He can't interfere any more than anybody else can. Can
(08:20):
he say to the belief to the corrections officers, to
social services do not help Ice? Yes he can, And
he was saying that until from one hundred and eighty
degree a switch. Now ICE is allowed to walk into
the jails without warrants and say do you speak Spanish?
(08:42):
How did you get here? The guy can't answer that
yank him out of the jail, jail and send him
to Cuba. They go into homeless shelters. They can go
into any place owned and operated or are controlled by
the city without a warrant and yank anybody out that
they want on the basis of their illiteracy and inability
(09:03):
to prove citizenship because the mayor has suddenly had a
change of heart. Now, to make this even more complicated,
under the New York State Constitution, the governor can remove
the mayor if she believes he is not capable of
performing his job. And if she removes him, he is
(09:26):
gone for thirty days, during which she has to hold
public hearings at which he can testify. But if she
does remove him, the next person in line isn't even
a Democrat. This guy's a member of the Working Families Party.
This is about as hard left a politician as you're
flying as you'll find. You think he's going to cooperate with.
Speaker 4 (09:48):
Iw York story, but it is profound to show what
the doj will try and get away with.
Speaker 3 (10:00):
Can a federal judge order to prosecute it's to prosecute,
of course, not Kenny dismiss it with prejudice, meaning it's
not on the shelf. They have no sort of damicalies
over the mayor. Yes he can, Kenny appoint a private
attorney generallaw a retired or ex federal prosecutor or ex
federal or state judge to prosecute the case at the
(10:22):
government's expense. Yes he can. Well.
Speaker 2 (10:25):
And to that point, this is what I was going
to pivot over to, because in the situation involving doctor
Fauci's pardon, the presidential pardon only extends the federal crimes,
and there are a bunch of state ages that are
looking into it to see if he may have violate
any state law. So the Department of Justice on a
federal level says, Okay, we're going to dismiss without prejudice.
We've got this hanging on the shelf here, any we
can bring it back anytime he wants. You better damn,
(10:47):
We'll comply with what we're asking. How about a state
prosecutor stepping in, because fraud is state law governed by
state law as well.
Speaker 3 (10:56):
This would be the Manhattan District attorney. You know his name,
Alvin Bragg. Yeah, it's the same person prosecuted Donald Trump.
Alvin Bragg is the mayor's up for reelection in twenty
five this year, Alvin Bragg is up for reelection in
twenty six. They both appeal to the same liberal base
(11:17):
in Manhattan. However, he may have very little choice but
to do this. All he has to do is the
poena the federal files. Yeah, and he has the tied
up wrapped up with a bow on top. The Feds
are ready to go. The local Feds are ready to
go until the DC.
Speaker 2 (11:34):
Feds came up with this scam and to that end,
and since the local Feds had this wonderful case, we're
ready to go to trial and have resigned because of
the shenanigans going on with the Department of Justice. Are
they at liberties as sort of just hand those documents
over to Bragg?
Speaker 3 (11:51):
Well, they're no longer employed, but well, yeah, government the
liberty to download what's in their brains, and they're at
liberty their own personal notes. But in terms of the files,
Bragg would have to subpoena them. I'm sure the Feds
would resist the subpoena. I don't know how the court
will rule. Okay, Formally, there is extraordinary cooperation between the
(12:17):
state and the FEDS. Yes, not all the charges against
Adams are also state crimes. Some of them are uniquely
federal crimes. But the main one, bribery, the one that
the Trump DOJ under Bill Barr began investigating in two
thoy and nineteen, those are clearly state crimes as well.
Speaker 2 (12:37):
Okay, but now let me but back up. So, theoretically,
had these folks not resigned, you're saying suggesting that you know,
regular cooperation between state and feds, and I know that
happens all the time, they could have turned the files
over to the state prosecutor before they left, before they quit.
Speaker 3 (12:55):
Yes, absolutely, that may have happened. For all we know,
I sort of it. That might be an ethical problem
just turning over file. So though she was the acting
US attorney. And as you know, the Southern District of
the York, federal prosecutors in Manhattan are sometimes referred to
as the Sovereign District of New York because notorious independence
(13:21):
at e level of independence that the new DOJ apparently resents.
Speaker 2 (13:26):
Jud Jenna Paulaton, I really I'm glad you broke this
down because I know that I was confusion was swirling
in my head, and I was not aware of the backstore.
I know Adams did take a turn in terms of
his willingness to cooperate, but I never connected the dots
on the tube. But apparently there's plenty of documents and
information that would allow everybody to even write it in
your column. Construct The deal is constructible from the letters
(13:49):
and emails written between those formally involved with the prosecution
and the lawyers working on the case on behalf of
the mayor.
Speaker 3 (13:57):
There
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