October 3, 2024 • 25 mins
Shannon is out and Gary starts off the show with the news of special counsel Jack Smith laying out vivid details against Trump on his federal 2020 election subversion. Gary also brings updates on the aftermath of Hurricane Helene and the latest on Israel and Iran.
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Episode Transcript
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Speaker 1 (00:00):
This is Gary and Shannon and you're listening to KFI
AM six forty the Gary and Shannon Show on demand
on the iHeartRadio app.
Speaker 2 (00:07):
We will be live tomorrow on Huntington Beach.
Speaker 1 (00:10):
Is a better effect, not news and bruis not one
of those types of things. But we are going to
be out on the beach getting ready for the Pacific
Air Show. We'll talk more about that as we get
down there tomorrow. Just a couple of notes about tonight today,
I should say President Biden is planning to travel to
Florida and Georgia, continuing to survey some damage from Hurricane Helene.
This is the second full day that he's down there
(00:32):
talking about the loss of life, the physical destruction caused
by the storm. The latest number that came in, by
the way, over two hundred. Now Fox News is reporting
that over two hundred people are known to have died
as a result of the carnage and the destruction.
Speaker 2 (00:47):
Israel continues to pop.
Speaker 1 (00:49):
Israel's pressing forward on a couple of fronts, now pursuing
a ground incursion into Lebanon. Obviously, there were more air
strikes in Gaza against Hamas and whatever retaliation they are
planning for Iran would be the third front got news
about the vice presidential debate between Governor Tim Walls and
(01:09):
Senator jd Vance forty three million viewers on Tuesday, forty
three million. Compare that to twenty twenty between Kamala Harrison
Mike Pence, when it saw fifty nine million. The record,
by the way, the record for a vice presidential viewer
debate viewership was Biden Palin. Almost seventy million people watched that.
(01:33):
So there's a lot going on today. The biggest headline though,
is this new Department of Justice filing against former President Trump,
and there's a couple of things.
Speaker 2 (01:43):
There's a couple of ways to look at this.
Speaker 1 (01:45):
First, I just want to go through some of the
things that are in this filing from Jack Smith and
then kind of explain where it came from and why
it is very different. There's not a whole lot new
here in terms of a lot of people have already
made up their minds about what happened on January sixth.
Whether you thought it was an absolute black eye in
(02:06):
American democracy or you thought it was a picnic gone awry,
you've made up your mind, and whether or not you
think Donald Trump had anything to do with it, if
he was responsible for fomenting this violence, if he said
enough in the speech at the out in front of
the White House to try to ensure that people were
(02:27):
going to be peaceful, keeps using the word peaceful. But
all of those things go into why this thing was
released now thirty four days ahead of the November election,
So we'll talk about that. This was Jack Smith, a
special counsel who basically had to outline for the judge
(02:49):
in this case, Judge Tanya Chutcan, what was going to
be in his evidence, because if you remember, the immunity
ruling that came down from Supreme Court said that a
president has full immunity for the things that he does
as president, but he does not have full immunity for
(03:10):
the things he does as a person or as a candidate.
And what Jack Smith had to do is go through
pull out the things that he knew would have been
official duties as president, for example, communications with the Department
of Justice, but then try to explain the other things
that he was going to keep in there and explain
as to why they were still relevant, why they were
(03:33):
not subject to that immunity, and what the judge in
the case did is she then allowed.
Speaker 2 (03:41):
This thing to be unsealed.
Speaker 3 (03:44):
Why?
Speaker 1 (03:46):
Not quite certain, And I'll explain that in just a
couple of minutes. But what she now has to do
is figure out how and which of these claims would
be subject to immunity, which ones wouldn't, which ones he
could still be on trial for, and which ones would
fall under the Supreme Court's ruling about immunity for a
(04:10):
sitting president. They got to figure out which of these
is that, which of these acts were private, which of
them would be official as to which the president could
claim immunity. That's where this piece of evidence came from.
This one hundred and sixty five pages came from, was
the explanation. In fact, it's called the Government's Motion for
(04:32):
Immunity Determinations. This is what Jack Smith says happened and
which things should still be considered. A handful of things
are in there that you may have known may not
have known. One of the things was that he said,
this is former president Trump, that he was planning to
declare victory even before the election, that in fact, he
(04:55):
would simply declare victory before all the ballots were counted,
and then any winner was projected make making it harder
to go against what he said, or at least put
out into the public. He apparently told a family member
it doesn't matter whether you want or lost, you still
have to fight like hell that at one point he
wanted people to riot at a location in Detroit, Michigan,
(05:18):
where votes were being counted. One of the people in
this case apparently referred to Rudy Giuliani, Jenna Ellis, and
Sidney Powell. These were attorneys who were going to fight
for a former president Trump in court referred to them
as star Wars bar if you remember the Cantina and
(05:39):
all the crazy different creatures that existed in there. Another point,
claims made by Trumpet his allies that tens of thousands
of illegal aliens had voted in the election was baseless.
They used false numbers that were never verified or corroborated,
and instead they actually changed from day to day. And
again I'm reading from the declaration from the motion, I
(06:00):
should say a text from Mark Meadows, who was then
chief of staff, acknowledge a claim made that more than
ten thousand dead people voted was false, that Mark Meadows
even knew that, and that the actual number was twelve
and could not have been outcome determinative. Trump wanted Ronald McDaniel,
(06:21):
who was at the time the Republican National Committee Chair,
to promote a report that accused dominion voting machines of
being manipulated in a Michigan county, and McDaniel refused, told
Trump that she had discussed this report with the Speaker
of the House in the state of Michigan and that
the exact assessment was that the report was effing nuts.
(06:42):
It goes on and refers to several repeated efforts to
pressure Mike Pence over and over again, attempts to pressure
Doug Doocey, the then governor of Arizona, and suggested that
when he spoke to Steve Bannon on January fifth of
twenty twenty one, quote, all hell was going to break
loose tomorrow. Okay, Now that being said, those are just
(07:03):
some of the points that we saw in there. None
of them are really brand new. Some of them added
a little detail to some of the stuff that we
already knew. But there's a question that has to be asked,
which is why did this thing come out?
Speaker 2 (07:16):
Now? Garry, where is shinning? I mean, you're amazing. But
the two of you together, what's happening. We love her,
Thank you, have a good.
Speaker 1 (07:25):
Day, just a quick blip. Life happens. She's taking care
of a family emergency. Everything's fine. The expectation is she'll
be back tomorrow. We are just fine and everything's going
to be okay.
Speaker 4 (07:36):
Garry, I think that what's happening is Trump is getting
the Hillary treatment.
Speaker 2 (07:41):
We've seen this before. Probably something will come out about Kamala.
Speaker 1 (07:46):
Next possibly that's why they call them October surprises.
Speaker 2 (07:51):
We're talking about this brief that was filed.
Speaker 1 (07:53):
Special counsel Jack Smith, of course, has charged former President
Trump with criminal conspiracy because the attempt to overturn the
twenty twenty election. A filed one hundred and sixty five
page brief that laid out key evidence along with the
argument for why the case should be able to go
forward despite the ruling on presidential immunity that came from
(08:13):
the Supreme Court back in July. And there's the So
it's out there. I mean, it's one hundred and sixty
five pages. Again, it's not that it discloses a lot
of new information.
Speaker 2 (08:25):
We've all kind of known it.
Speaker 1 (08:26):
Obviously, we had the impeachment that we went through in
twenty twenty one. We had the House January sixth Committee
and their very thorough investigation into all of this. The
question is why now, Why is this information coming out now?
And it's a little strange because I don't like the
(08:48):
idea that there is a just a giant political machine
that's involved in all of this, and that somehow that
the DOJ has been weaponized to go after a specific candidate.
Speaker 2 (09:00):
But look at it this way.
Speaker 1 (09:03):
Jack Smith, the Special counsel, had said that the public
has a right to a speedy trial because of the
importance of this case. He made that up. I mean,
we might like to have a speedy trial. We might
think it's important to have a speedy trial because people
need to make a decision whether or not Donald Trump
(09:24):
should be Actually, the court is going to decide, but
people get to make up in their minds who this
guy is. But I feel like everybody already has You
love the guy, you hate the guy.
Speaker 2 (09:36):
You're not going to change your mind.
Speaker 1 (09:39):
And the argument that the public has a right to
a speedy trial doesn't make any sense. The only one
who has a right to a speedy trial is the defendant.
In the case that's in the constitution. It's only the defendant.
We have an interest in maybe a speedy trial, but
we don't have a right to it. We also have
(10:01):
an interest in a just trial. We need to make
sure that it's done correctly. As for the importance of
the case, yes, this is an important case, but it's
important for political reasons. And that's not to say that
I think it should be kicked out or anything like that.
Speaker 2 (10:22):
I mean, this is not about so.
Speaker 1 (10:25):
Andrew McCarthy, former assistant US attorney, a writer for National Review.
You see him on TV all the time talking about
cases like this, and he said this is not to
minimize Trump's activities.
Speaker 2 (10:36):
In fact, Andrew McCarthy conservative.
Speaker 1 (10:40):
He has repeatedly said the impeachment was the right way
to go, and he believes that Trump should have been
impeached and convicted and disqualified from future office.
Speaker 2 (10:50):
He has said that over and over again. But he
says this is different.
Speaker 1 (10:55):
Once he was formally accused as an indicted defendant, the
Constitution invests him with the due process rights and a
presumption of innocence. Why is it different in this case
if it's not political. Even with the judge now having
to decide which of these things, you know, when you
(11:16):
compare them to what the Supreme Court's decision was on immunity.
Even the judge, she knows there's no chance this thing's
going to trial before the election. This thing is still
even if it's not thrown out, it's still potentially a
couple of years away from ever seeing a courtroom. So
why did this kind of information come out now? If
(11:39):
it's not political, that's the whole, that's the question. We'll
talk more about it. We get into swamp Watch because
Andrew McCarthy actually says in a couple of interviews, he
lays out the case as to why this is such
a political move in, you know, less almost a month
before the election.
Speaker 5 (11:58):
Uh.
Speaker 1 (11:59):
Sports, Why tonight Thursday Night Football Buccaneers Falcons on Amazon?
And then one wildcard series has yet to finish up.
The Mets Brewers will wrap up their series this afternoon.
The Padres, Royals, and Tigers all won their respective series,
so the Padres actually will take on the Dodgers coming
up on Saturday. We were talking obviously about the Jack
(12:20):
Smith filing that came out.
Speaker 3 (12:21):
You guys keep becoming more and more like Fox News,
giving false information and saying things that are untrue. The
reason that Jack Smith put out that was because the
Supreme Court required that he justify how this is not
a political thing and it was not during Oh Trump's
(12:45):
official business.
Speaker 1 (12:47):
Right, kind of convoluted what he was saying there, But yes,
that's what I said. The reason Jack Smith put this
together was he had to justify which of the acts
he said were private acts. For example, he laid out
that some of the conversations that took place between Trump
and Mike Pence were as running mates, not as president
(13:09):
vice president. And he's trying to prove to the judge
in this case that those acts would be considered private
acts and therefore not subject to immunity. The question is
whether or not the judge had to unseal this document.
Speaker 2 (13:25):
She didn't have to. She did not have to allow
this thing to go public.
Speaker 5 (13:29):
So my understanding with the indictment on Trump is it
was originally going to come out in January, and then
the lawyers and Trump asked for to be pushed back farther.
They could have came out in January, but they asked
what to be pushed back. My understanding is also the
no new information against a candidate can come out with
sixty days before in election, but where it's not new information,
(13:52):
they released it because they did everything that they were
asked to do before it was released.
Speaker 1 (13:57):
Two things there, Yes, the Trump attorneys wanted to keep
this kind of filing out of the public until they
took the immunity question to the Supreme Court, and they
had every right to do that. The second thing about
the sixty days before an election, that's kind of an
unwritten rule. It's an understanding supposedly at the Department of Justice,
but there's definitely no law against that. Hurricane Helene as
(14:23):
Amy mentioned, the death toll now in six different states
is up over two hundred. More than half of the
deaths were in North Carolina, where entire communities were destroyed
by several feet of some very fast moving water in
those areas. For example, Steve Harrigan, a longtime reporter for
(14:43):
Fox News, was actually, he's been in all kinds of
disaster zones. He's there in western North Carolina today.
Speaker 4 (14:50):
This is some of the worst damage we've seen. These
are clearly some of the hardest hit areas. The roads
have opened up a little bit so you can get
to them. But the roads inside the town, big chunks
of those roads are gone. Ten foot flood hit this
area and you can see everything is pretty much covered
with mud and chunks of the roads on streets here
are gone. And one week into this storm, people are
still not getting an answer to a very basic question,
(15:13):
who is dead and who's alive.
Speaker 1 (15:16):
Joseph McElroy was a guy who was interviewed by CNN
this morning and he's his biggest issue that he's had.
He's in a place called Maggie's Valley, I think at
Maggie Valley, Maggie's Valley there in North Carolina, and said
the communication and internet are really the biggest issues that
they've got right now.
Speaker 6 (15:34):
For example, there was a nine pm perfume in this county,
Haywood County, and we did not know about until a
week afterwards, so there was just there's no you know,
we're all living now on the internet and the internet's down,
and I'm gonna tell you there's a big reckoning needs
to happen with internet providers because they're not being required
to have power redundancy like other communication means happened, and
(15:58):
everybody's moving to smart Team and everything else. And you know,
when the Internet goes out, we got nothing right, so
I mean, and you know, so that everybody's having problems.
So there's lots of people still missing their loved ones,
not knowing whether they're in you know, have been rescued,
whether they're alive or dead or anything like that. So
(16:20):
that is the biggest trauma. There's a sort of a
psychological trauma that's going on here where people don't know.
And it's a it's a real, it's a real. Everybody's
gotten used to the Internet and it's not been here
for a week, you know, and and and so we
built the lives around it and boom, it's gone. Uh.
(16:41):
And the companies that put out these you know, get
us into their services have a monopoly locally for the
most part, and they don't have power redundancy, and that
is a real problem.
Speaker 1 (16:51):
Again that guy from from Maggie's Valley there in North Carolina.
There was also a story about Washington Post today about Holmes,
a real estate lawyer who needed to find grandma. And
it's a great story. We'll come back and tell you
about that. I also wanted to mention there was a
(17:12):
guy who is a helicopter pilot flying to North Carolina.
He's actually also a law enforcement officer and his son
both volunteer members of the volunteer fire department in Pageland,
South Carolina. Sorry and a Class one certified law enforcement officer.
He's a fourteen hundred hour pilot in a helicopter. He started,
(17:33):
he and his son went out and started helping people
who had been stranded, and word got out that these
guys were flying around in this Robinson forty four helicopter,
and they started getting messages in the middle of the
night about people that were stranded or needed help getting
out of where they are, to find medical care, to
find food and water, and that sort of thing. As
(17:56):
he was doing that, they landed at a parking lot
at Boys Camp Road Memorial Highway near Lake Lure. Lake
Lure was one of those that was threatening to the
dam was going to break. Once they landed, he was
met by a fire chief maybe a captain, who asked
who I was, told him who I was, who I
was with just a volunteer. The man apparently was from
(18:18):
an out of state fire department who had traveled to
North Carolina to help with the efforts. Talked about his experience, etc.
And the assistant chief shut down the whole operation. The
assistant chief, whoever this was, threatened this guy with arrest,
saying he could not operate a helicopter in the area
(18:39):
without the official permission of law enforcement, even though that
guy wasn't part of local law enforcement liv the fire
chief that supposedly shut this guy down. So he has
now been threatened with arrest.
Speaker 5 (18:51):
Hey, Gary, Yeah, so the guy just called in and
said stop backing like thoughts and news. I agree, man,
that is not what you said. What you said was
that this was a political move. It isn't a political move.
It was a requirement. To get it straight. Guys, this is.
Speaker 2 (19:06):
Ridiculous, all right.
Speaker 1 (19:07):
I'll try to clarify because this is the way I
understand it. Jack Smith had a requirement to spell out
what was private acts that would not be immune and
official acts that would be immune. Based on the Supreme
Court decision from July, the judge in this case did
(19:28):
not have to release the one hundred and sixty five
page filing. That's the part. Yes, Jack Smith was required
to put this together. The judge was not required to
release it. We're talking about what's going on in Hurricane Helene,
and I mentioned that helicopter pilot. So at one point
the helicopter pilot was going to rescue an elderly couple.
(19:50):
He was again flying with his son. He had his
son get out and stay with the man and took
the wife down to safety down the hill, down the mountain.
Bas Basically, when he got there and landed in a
designated area, a fire chief, one local fire chief, and
one fire chief from out of state came to him
and said, you cannot operate here.
Speaker 2 (20:10):
You're interfering with my operations.
Speaker 1 (20:12):
And he said, well, I got to go get my son,
co pilot and the other guy that we're rescuing, and
they said, if you do that, you will be arrested.
And he eventually was able to talk to other local
law enforcement people who said, listen, you go up that mountain.
We'll protect the landing zone, so nobody arrests you when
you get it. But he was threatened with arrest for
(20:33):
going up and saving people. Beth Holmes is a real
estate lawyer in North Carolina in the town of Spruce Pine,
and she had told people in her office to head home.
Her husband was clear in the gutters they were getting
ready for Helene.
Speaker 2 (20:50):
Last week.
Speaker 1 (20:52):
Most concerning for her was her eighty seven year old grandmother,
who lived farther up in the hills and a place
called Bandana up in Appalachia. Eighty seven year old Carolyn
is Grandma, and Carolyn I mean Appalachia through and through.
She'd grown up in the mountains during the Great Depression.
She lost her father to a railroad accident when she
(21:14):
was eight. You don't get much more Appalachian Depression than that.
They bought a house in the thirties from Sears. What
Sears used to sell houses in kits, and they would
ship everything that you needed, nails, flooring, doors, windows, paint, everything.
When it was first built, the water that they had
(21:37):
had to be carried in by bucket from a spring.
Speaker 2 (21:40):
They eventually added plumbing, electricity, et cetera.
Speaker 1 (21:42):
In the eighties. That thing was in disrepair. So Carolyn,
all the grandkids, the family, they built this new house.
Well when Hurricane Helene and the remnants of it start
making their way through North Carolina last week, Grandma Carolyn
says she hears what is a huge roar twelve miles away.
(22:08):
Granddaughter Beth, here's the same thing. She hears trees falling,
and she knows that Grandma, twelve miles up the mountain
is going to be in trouble. All they could think
about was getting to Grandma. She hadn't heard from Grandma
on Saturday. Friday morning is when the storm really went
through their area. By Saturday, she still hadn't heard from Grandma,
(22:30):
and they used to text all the time, so she
and her husband. Beth and her husband put their e
bikes on top of their Toyota Highlander and they set
out to find Grandma.
Speaker 2 (22:40):
They had attempted.
Speaker 1 (22:42):
Some other family members had attempted to make a journey
to Bandana that previous day, but all they ran into
were trees that had fallen over, down power lines, broken concrete.
The road was destroyed, abandoned, flattened cars all over the place.
So they went back packed chain saws and decided to go.
(23:04):
Beth said, it was an absolute moment of laughter. We
thought we might have to e bike in with chainsaws.
She and her husband, a couple of friends jumped into
their car. A guy in a pickup truck led the way.
They were about a quarter mile from Grandma's home when
they reached a part of the road that had collapsed
and they could not get past it. Some residents were
(23:24):
building a bridge out of poplar trees to help people
get through, but there's no way they were going to
drive a car over that. They were going to have
to walk, they said. They walked the rest of the
way to Grandma's house, navigating their way through the mud,
through the brush, through the devastation that was the hurricane
as it made its way through Carolyn. Grandma said she
tried to keep busy through the long hours with no
(23:46):
phone service. Neighbors thankfully would drop by. They'd give her
some creek water so that she could flush the toilet.
They also helped mop out the water that was still
in her basement, and she had enough food, she said,
for about four more so when Beth and the other
relatives reached that field behind Grandma's house, they began to run,
and she said she cried as she got closer because
(24:09):
at that point they were not sure what was left.
They were not sure if Grandma was left, and they
didn't know what the house was going to look like
when they got there, she said. When they spotted Grandma
through the window of the home as they were running
towards it, she's just sitting in her recliner doing sudoku.
(24:31):
Grandma jumped up in shocked. She was surprised to hear them.
Relatives all raced into the home and embraced Carolyn. Beth
cried as she hugged her in relief, and she said,
I'll be okay. Maybe you guys should all be safe
with me. Eventually, she relented and decided to go back
down the hill and stay with her granddaughter. She says
(24:53):
she will go back to her quiet home in the
country and that little town of Bandana as soon as
it's safe. But she said they can always visit me
like we always did before the hurricane. That's Those are
the stories that I think are coming out that are
going to be the most impactful. It's those neighbors, families,
even that helicopter pilot, the guy that just chips in,
not waiting for FEMA, not waiting for the state. In
(25:15):
many cases, it's just neighbors checking on neighbors to make
sure that everybody is okay, all right. An update on
a couple of bigger stories, also what's going on with
Iran and Israel and Hesbellah and Hamas will get into
the port worker strike, and it looks like the La
Times has finally gotten wind of George Gascon's policies and
(25:36):
wrote a pretty scathing front page article about a case
that leaves George Gascon with some blood on his hands.
We'll talk about that when we come back to Gary
and Shannon.
Speaker 2 (25:46):
You've been listening to The Gary and Shannon Show.
Speaker 1 (25:48):
You can always hear us live on KFI AM six
forty nine am to one pm every Monday through Friday,
and anytime on demand on the iHeartRadio app
This is Gary and Shannon and you're listening to KFI
AM six forty the Gary and Shannon Show on demand
on the iHeartRadio app.
Speaker 2 (00:07):
We will be live tomorrow on Huntington Beach.
Speaker 1 (00:10):
Is a better effect, not news and bruis not one
of those types of things. But we are going to
be out on the beach getting ready for the Pacific
Air Show. We'll talk more about that as we get
down there tomorrow. Just a couple of notes about tonight today,
I should say President Biden is planning to travel to
Florida and Georgia, continuing to survey some damage from Hurricane Helene.
This is the second full day that he's down there
(00:32):
talking about the loss of life, the physical destruction caused
by the storm. The latest number that came in, by
the way, over two hundred. Now Fox News is reporting
that over two hundred people are known to have died
as a result of the carnage and the destruction.
Speaker 2 (00:47):
Israel continues to pop.
Speaker 1 (00:49):
Israel's pressing forward on a couple of fronts, now pursuing
a ground incursion into Lebanon. Obviously, there were more air
strikes in Gaza against Hamas and whatever retaliation they are
planning for Iran would be the third front got news
about the vice presidential debate between Governor Tim Walls and
(01:09):
Senator jd Vance forty three million viewers on Tuesday, forty
three million. Compare that to twenty twenty between Kamala Harrison
Mike Pence, when it saw fifty nine million. The record,
by the way, the record for a vice presidential viewer
debate viewership was Biden Palin. Almost seventy million people watched that.
(01:33):
So there's a lot going on today. The biggest headline though,
is this new Department of Justice filing against former President Trump,
and there's a couple of things.
Speaker 2 (01:43):
There's a couple of ways to look at this.
Speaker 1 (01:45):
First, I just want to go through some of the
things that are in this filing from Jack Smith and
then kind of explain where it came from and why
it is very different. There's not a whole lot new
here in terms of a lot of people have already
made up their minds about what happened on January sixth.
Whether you thought it was an absolute black eye in
(02:06):
American democracy or you thought it was a picnic gone awry,
you've made up your mind, and whether or not you
think Donald Trump had anything to do with it, if
he was responsible for fomenting this violence, if he said
enough in the speech at the out in front of
the White House to try to ensure that people were
(02:27):
going to be peaceful, keeps using the word peaceful. But
all of those things go into why this thing was
released now thirty four days ahead of the November election,
So we'll talk about that. This was Jack Smith, a
special counsel who basically had to outline for the judge
(02:49):
in this case, Judge Tanya Chutcan, what was going to
be in his evidence, because if you remember, the immunity
ruling that came down from Supreme Court said that a
president has full immunity for the things that he does
as president, but he does not have full immunity for
(03:10):
the things he does as a person or as a candidate.
And what Jack Smith had to do is go through
pull out the things that he knew would have been
official duties as president, for example, communications with the Department
of Justice, but then try to explain the other things
that he was going to keep in there and explain
as to why they were still relevant, why they were
(03:33):
not subject to that immunity, and what the judge in
the case did is she then allowed.
Speaker 2 (03:41):
This thing to be unsealed.
Speaker 3 (03:44):
Why?
Speaker 1 (03:46):
Not quite certain, And I'll explain that in just a
couple of minutes. But what she now has to do
is figure out how and which of these claims would
be subject to immunity, which ones wouldn't, which ones he
could still be on trial for, and which ones would
fall under the Supreme Court's ruling about immunity for a
(04:10):
sitting president. They got to figure out which of these
is that, which of these acts were private, which of
them would be official as to which the president could
claim immunity. That's where this piece of evidence came from.
This one hundred and sixty five pages came from, was
the explanation. In fact, it's called the Government's Motion for
(04:32):
Immunity Determinations. This is what Jack Smith says happened and
which things should still be considered. A handful of things
are in there that you may have known may not
have known. One of the things was that he said,
this is former president Trump, that he was planning to
declare victory even before the election, that in fact, he
(04:55):
would simply declare victory before all the ballots were counted,
and then any winner was projected make making it harder
to go against what he said, or at least put
out into the public. He apparently told a family member
it doesn't matter whether you want or lost, you still
have to fight like hell that at one point he
wanted people to riot at a location in Detroit, Michigan,
(05:18):
where votes were being counted. One of the people in
this case apparently referred to Rudy Giuliani, Jenna Ellis, and
Sidney Powell. These were attorneys who were going to fight
for a former president Trump in court referred to them
as star Wars bar if you remember the Cantina and
(05:39):
all the crazy different creatures that existed in there. Another point,
claims made by Trumpet his allies that tens of thousands
of illegal aliens had voted in the election was baseless.
They used false numbers that were never verified or corroborated,
and instead they actually changed from day to day. And
again I'm reading from the declaration from the motion, I
(06:00):
should say a text from Mark Meadows, who was then
chief of staff, acknowledge a claim made that more than
ten thousand dead people voted was false, that Mark Meadows
even knew that, and that the actual number was twelve
and could not have been outcome determinative. Trump wanted Ronald McDaniel,
(06:21):
who was at the time the Republican National Committee Chair,
to promote a report that accused dominion voting machines of
being manipulated in a Michigan county, and McDaniel refused, told
Trump that she had discussed this report with the Speaker
of the House in the state of Michigan and that
the exact assessment was that the report was effing nuts.
(06:42):
It goes on and refers to several repeated efforts to
pressure Mike Pence over and over again, attempts to pressure
Doug Doocey, the then governor of Arizona, and suggested that
when he spoke to Steve Bannon on January fifth of
twenty twenty one, quote, all hell was going to break
loose tomorrow. Okay, Now that being said, those are just
(07:03):
some of the points that we saw in there. None
of them are really brand new. Some of them added
a little detail to some of the stuff that we
already knew. But there's a question that has to be asked,
which is why did this thing come out?
Speaker 2 (07:16):
Now? Garry, where is shinning? I mean, you're amazing. But
the two of you together, what's happening. We love her,
Thank you, have a good.
Speaker 1 (07:25):
Day, just a quick blip. Life happens. She's taking care
of a family emergency. Everything's fine. The expectation is she'll
be back tomorrow. We are just fine and everything's going
to be okay.
Speaker 4 (07:36):
Garry, I think that what's happening is Trump is getting
the Hillary treatment.
Speaker 2 (07:41):
We've seen this before. Probably something will come out about Kamala.
Speaker 1 (07:46):
Next possibly that's why they call them October surprises.
Speaker 2 (07:51):
We're talking about this brief that was filed.
Speaker 1 (07:53):
Special counsel Jack Smith, of course, has charged former President
Trump with criminal conspiracy because the attempt to overturn the
twenty twenty election. A filed one hundred and sixty five
page brief that laid out key evidence along with the
argument for why the case should be able to go
forward despite the ruling on presidential immunity that came from
(08:13):
the Supreme Court back in July. And there's the So
it's out there. I mean, it's one hundred and sixty
five pages. Again, it's not that it discloses a lot
of new information.
Speaker 2 (08:25):
We've all kind of known it.
Speaker 1 (08:26):
Obviously, we had the impeachment that we went through in
twenty twenty one. We had the House January sixth Committee
and their very thorough investigation into all of this. The
question is why now, Why is this information coming out now?
And it's a little strange because I don't like the
(08:48):
idea that there is a just a giant political machine
that's involved in all of this, and that somehow that
the DOJ has been weaponized to go after a specific candidate.
Speaker 2 (09:00):
But look at it this way.
Speaker 1 (09:03):
Jack Smith, the Special counsel, had said that the public
has a right to a speedy trial because of the
importance of this case. He made that up. I mean,
we might like to have a speedy trial. We might
think it's important to have a speedy trial because people
need to make a decision whether or not Donald Trump
(09:24):
should be Actually, the court is going to decide, but
people get to make up in their minds who this
guy is. But I feel like everybody already has You
love the guy, you hate the guy.
Speaker 2 (09:36):
You're not going to change your mind.
Speaker 1 (09:39):
And the argument that the public has a right to
a speedy trial doesn't make any sense. The only one
who has a right to a speedy trial is the defendant.
In the case that's in the constitution. It's only the defendant.
We have an interest in maybe a speedy trial, but
we don't have a right to it. We also have
(10:01):
an interest in a just trial. We need to make
sure that it's done correctly. As for the importance of
the case, yes, this is an important case, but it's
important for political reasons. And that's not to say that
I think it should be kicked out or anything like that.
Speaker 2 (10:22):
I mean, this is not about so.
Speaker 1 (10:25):
Andrew McCarthy, former assistant US attorney, a writer for National Review.
You see him on TV all the time talking about
cases like this, and he said this is not to
minimize Trump's activities.
Speaker 2 (10:36):
In fact, Andrew McCarthy conservative.
Speaker 1 (10:40):
He has repeatedly said the impeachment was the right way
to go, and he believes that Trump should have been
impeached and convicted and disqualified from future office.
Speaker 2 (10:50):
He has said that over and over again. But he
says this is different.
Speaker 1 (10:55):
Once he was formally accused as an indicted defendant, the
Constitution invests him with the due process rights and a
presumption of innocence. Why is it different in this case
if it's not political. Even with the judge now having
to decide which of these things, you know, when you
(11:16):
compare them to what the Supreme Court's decision was on immunity.
Even the judge, she knows there's no chance this thing's
going to trial before the election. This thing is still
even if it's not thrown out, it's still potentially a
couple of years away from ever seeing a courtroom. So
why did this kind of information come out now? If
(11:39):
it's not political, that's the whole, that's the question. We'll
talk more about it. We get into swamp Watch because
Andrew McCarthy actually says in a couple of interviews, he
lays out the case as to why this is such
a political move in, you know, less almost a month
before the election.
Speaker 5 (11:58):
Uh.
Speaker 1 (11:59):
Sports, Why tonight Thursday Night Football Buccaneers Falcons on Amazon?
And then one wildcard series has yet to finish up.
The Mets Brewers will wrap up their series this afternoon.
The Padres, Royals, and Tigers all won their respective series,
so the Padres actually will take on the Dodgers coming
up on Saturday. We were talking obviously about the Jack
(12:20):
Smith filing that came out.
Speaker 3 (12:21):
You guys keep becoming more and more like Fox News,
giving false information and saying things that are untrue. The
reason that Jack Smith put out that was because the
Supreme Court required that he justify how this is not
a political thing and it was not during Oh Trump's
(12:45):
official business.
Speaker 1 (12:47):
Right, kind of convoluted what he was saying there, But yes,
that's what I said. The reason Jack Smith put this
together was he had to justify which of the acts
he said were private acts. For example, he laid out
that some of the conversations that took place between Trump
and Mike Pence were as running mates, not as president
(13:09):
vice president. And he's trying to prove to the judge
in this case that those acts would be considered private
acts and therefore not subject to immunity. The question is
whether or not the judge had to unseal this document.
Speaker 2 (13:25):
She didn't have to. She did not have to allow
this thing to go public.
Speaker 5 (13:29):
So my understanding with the indictment on Trump is it
was originally going to come out in January, and then
the lawyers and Trump asked for to be pushed back farther.
They could have came out in January, but they asked
what to be pushed back. My understanding is also the
no new information against a candidate can come out with
sixty days before in election, but where it's not new information,
(13:52):
they released it because they did everything that they were
asked to do before it was released.
Speaker 1 (13:57):
Two things there, Yes, the Trump attorneys wanted to keep
this kind of filing out of the public until they
took the immunity question to the Supreme Court, and they
had every right to do that. The second thing about
the sixty days before an election, that's kind of an
unwritten rule. It's an understanding supposedly at the Department of Justice,
but there's definitely no law against that. Hurricane Helene as
(14:23):
Amy mentioned, the death toll now in six different states
is up over two hundred. More than half of the
deaths were in North Carolina, where entire communities were destroyed
by several feet of some very fast moving water in
those areas. For example, Steve Harrigan, a longtime reporter for
(14:43):
Fox News, was actually, he's been in all kinds of
disaster zones. He's there in western North Carolina today.
Speaker 4 (14:50):
This is some of the worst damage we've seen. These
are clearly some of the hardest hit areas. The roads
have opened up a little bit so you can get
to them. But the roads inside the town, big chunks
of those roads are gone. Ten foot flood hit this
area and you can see everything is pretty much covered
with mud and chunks of the roads on streets here
are gone. And one week into this storm, people are
still not getting an answer to a very basic question,
(15:13):
who is dead and who's alive.
Speaker 1 (15:16):
Joseph McElroy was a guy who was interviewed by CNN
this morning and he's his biggest issue that he's had.
He's in a place called Maggie's Valley, I think at
Maggie Valley, Maggie's Valley there in North Carolina, and said
the communication and internet are really the biggest issues that
they've got right now.
Speaker 6 (15:34):
For example, there was a nine pm perfume in this county,
Haywood County, and we did not know about until a
week afterwards, so there was just there's no you know,
we're all living now on the internet and the internet's down,
and I'm gonna tell you there's a big reckoning needs
to happen with internet providers because they're not being required
to have power redundancy like other communication means happened, and
(15:58):
everybody's moving to smart Team and everything else. And you know,
when the Internet goes out, we got nothing right, so
I mean, and you know, so that everybody's having problems.
So there's lots of people still missing their loved ones,
not knowing whether they're in you know, have been rescued,
whether they're alive or dead or anything like that. So
(16:20):
that is the biggest trauma. There's a sort of a
psychological trauma that's going on here where people don't know.
And it's a it's a real, it's a real. Everybody's
gotten used to the Internet and it's not been here
for a week, you know, and and and so we
built the lives around it and boom, it's gone. Uh.
(16:41):
And the companies that put out these you know, get
us into their services have a monopoly locally for the
most part, and they don't have power redundancy, and that
is a real problem.
Speaker 1 (16:51):
Again that guy from from Maggie's Valley there in North Carolina.
There was also a story about Washington Post today about Holmes,
a real estate lawyer who needed to find grandma. And
it's a great story. We'll come back and tell you
about that. I also wanted to mention there was a
(17:12):
guy who is a helicopter pilot flying to North Carolina.
He's actually also a law enforcement officer and his son
both volunteer members of the volunteer fire department in Pageland,
South Carolina. Sorry and a Class one certified law enforcement officer.
He's a fourteen hundred hour pilot in a helicopter. He started,
(17:33):
he and his son went out and started helping people
who had been stranded, and word got out that these
guys were flying around in this Robinson forty four helicopter,
and they started getting messages in the middle of the
night about people that were stranded or needed help getting
out of where they are, to find medical care, to
find food and water, and that sort of thing. As
(17:56):
he was doing that, they landed at a parking lot
at Boys Camp Road Memorial Highway near Lake Lure. Lake
Lure was one of those that was threatening to the
dam was going to break. Once they landed, he was
met by a fire chief maybe a captain, who asked
who I was, told him who I was, who I
was with just a volunteer. The man apparently was from
(18:18):
an out of state fire department who had traveled to
North Carolina to help with the efforts. Talked about his experience, etc.
And the assistant chief shut down the whole operation. The
assistant chief, whoever this was, threatened this guy with arrest,
saying he could not operate a helicopter in the area
(18:39):
without the official permission of law enforcement, even though that
guy wasn't part of local law enforcement liv the fire
chief that supposedly shut this guy down. So he has
now been threatened with arrest.
Speaker 5 (18:51):
Hey, Gary, Yeah, so the guy just called in and
said stop backing like thoughts and news. I agree, man,
that is not what you said. What you said was
that this was a political move. It isn't a political move.
It was a requirement. To get it straight. Guys, this is.
Speaker 2 (19:06):
Ridiculous, all right.
Speaker 1 (19:07):
I'll try to clarify because this is the way I
understand it. Jack Smith had a requirement to spell out
what was private acts that would not be immune and
official acts that would be immune. Based on the Supreme
Court decision from July, the judge in this case did
(19:28):
not have to release the one hundred and sixty five
page filing. That's the part. Yes, Jack Smith was required
to put this together. The judge was not required to
release it. We're talking about what's going on in Hurricane Helene,
and I mentioned that helicopter pilot. So at one point
the helicopter pilot was going to rescue an elderly couple.
(19:50):
He was again flying with his son. He had his
son get out and stay with the man and took
the wife down to safety down the hill, down the mountain.
Bas Basically, when he got there and landed in a
designated area, a fire chief, one local fire chief, and
one fire chief from out of state came to him
and said, you cannot operate here.
Speaker 2 (20:10):
You're interfering with my operations.
Speaker 1 (20:12):
And he said, well, I got to go get my son,
co pilot and the other guy that we're rescuing, and
they said, if you do that, you will be arrested.
And he eventually was able to talk to other local
law enforcement people who said, listen, you go up that mountain.
We'll protect the landing zone, so nobody arrests you when
you get it. But he was threatened with arrest for
(20:33):
going up and saving people. Beth Holmes is a real
estate lawyer in North Carolina in the town of Spruce Pine,
and she had told people in her office to head home.
Her husband was clear in the gutters they were getting
ready for Helene.
Speaker 2 (20:50):
Last week.
Speaker 1 (20:52):
Most concerning for her was her eighty seven year old grandmother,
who lived farther up in the hills and a place
called Bandana up in Appalachia. Eighty seven year old Carolyn
is Grandma, and Carolyn I mean Appalachia through and through.
She'd grown up in the mountains during the Great Depression.
She lost her father to a railroad accident when she
(21:14):
was eight. You don't get much more Appalachian Depression than that.
They bought a house in the thirties from Sears. What
Sears used to sell houses in kits, and they would
ship everything that you needed, nails, flooring, doors, windows, paint, everything.
When it was first built, the water that they had
(21:37):
had to be carried in by bucket from a spring.
Speaker 2 (21:40):
They eventually added plumbing, electricity, et cetera.
Speaker 1 (21:42):
In the eighties. That thing was in disrepair. So Carolyn,
all the grandkids, the family, they built this new house.
Well when Hurricane Helene and the remnants of it start
making their way through North Carolina last week, Grandma Carolyn
says she hears what is a huge roar twelve miles away.
(22:08):
Granddaughter Beth, here's the same thing. She hears trees falling,
and she knows that Grandma, twelve miles up the mountain
is going to be in trouble. All they could think
about was getting to Grandma. She hadn't heard from Grandma
on Saturday. Friday morning is when the storm really went
through their area. By Saturday, she still hadn't heard from Grandma,
(22:30):
and they used to text all the time, so she
and her husband. Beth and her husband put their e
bikes on top of their Toyota Highlander and they set
out to find Grandma.
Speaker 2 (22:40):
They had attempted.
Speaker 1 (22:42):
Some other family members had attempted to make a journey
to Bandana that previous day, but all they ran into
were trees that had fallen over, down power lines, broken concrete.
The road was destroyed, abandoned, flattened cars all over the place.
So they went back packed chain saws and decided to go.
(23:04):
Beth said, it was an absolute moment of laughter. We
thought we might have to e bike in with chainsaws.
She and her husband, a couple of friends jumped into
their car. A guy in a pickup truck led the way.
They were about a quarter mile from Grandma's home when
they reached a part of the road that had collapsed
and they could not get past it. Some residents were
(23:24):
building a bridge out of poplar trees to help people
get through, but there's no way they were going to
drive a car over that. They were going to have
to walk, they said. They walked the rest of the
way to Grandma's house, navigating their way through the mud,
through the brush, through the devastation that was the hurricane
as it made its way through Carolyn. Grandma said she
tried to keep busy through the long hours with no
(23:46):
phone service. Neighbors thankfully would drop by. They'd give her
some creek water so that she could flush the toilet.
They also helped mop out the water that was still
in her basement, and she had enough food, she said,
for about four more so when Beth and the other
relatives reached that field behind Grandma's house, they began to run,
and she said she cried as she got closer because
(24:09):
at that point they were not sure what was left.
They were not sure if Grandma was left, and they
didn't know what the house was going to look like
when they got there, she said. When they spotted Grandma
through the window of the home as they were running
towards it, she's just sitting in her recliner doing sudoku.
(24:31):
Grandma jumped up in shocked. She was surprised to hear them.
Relatives all raced into the home and embraced Carolyn. Beth
cried as she hugged her in relief, and she said,
I'll be okay. Maybe you guys should all be safe
with me. Eventually, she relented and decided to go back
down the hill and stay with her granddaughter. She says
(24:53):
she will go back to her quiet home in the
country and that little town of Bandana as soon as
it's safe. But she said they can always visit me
like we always did before the hurricane. That's Those are
the stories that I think are coming out that are
going to be the most impactful. It's those neighbors, families,
even that helicopter pilot, the guy that just chips in,
not waiting for FEMA, not waiting for the state. In
(25:15):
many cases, it's just neighbors checking on neighbors to make
sure that everybody is okay, all right. An update on
a couple of bigger stories, also what's going on with
Iran and Israel and Hesbellah and Hamas will get into
the port worker strike, and it looks like the La
Times has finally gotten wind of George Gascon's policies and
(25:36):
wrote a pretty scathing front page article about a case
that leaves George Gascon with some blood on his hands.
We'll talk about that when we come back to Gary
and Shannon.
Speaker 2 (25:46):
You've been listening to The Gary and Shannon Show.
Speaker 1 (25:48):
You can always hear us live on KFI AM six
forty nine am to one pm every Monday through Friday,
and anytime on demand on the iHeartRadio app
Gary and Shannon News
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