November 20, 2024 • 41 mins
Donald Trump’s defense attorneys are pushing for the judge who presided over his New York hush money trial and conviction to throw out the case, saying it would be "uniquely destabilizing to the country". Manhattan District Attorney Alvin Bragg and his office oppose a dismissal of the case and are open to pausing the case for the four years Trump is in office. Should Trump’s hush money case be dismissed or postponed?
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Episode Transcript
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Speaker 1 (00:00):
It's nice eyes. I'm going mazy Boston's news radio. So
here's an interesting topic. And to those who were waiting
on the line at the end of the ten o'clock hour,
I apologize, but I do want to get to this
topic as well. And by the way, if I could
just mention again, I will take a point of personal
(00:24):
privilege here that we will be doing our eighteenth annual
college admissions panel with the Dean of Admissions and Financial
Aid at Harvard University, Bill Fitzimmons, and the Dean of
Undergraduate Admissions at Boston College, Grant Goslin, on Monday night,
December ninth. We will start that program at eight o'clock,
(00:45):
and I would invite all of you who have an
interest in anyone in your family son, daughter, grandson, granddaughter, niece, nephew, whatever.
This is a great opportunity for some of the young
people to listen and also to ask questions. I mean,
both Bill Fitzimmons, Dean Fitzsimmons and Dean Goslin Boston College
(01:10):
and Bill fitz Simmons of Harvard take calls, and no
one's going to get admitted to these schools just for
calling into the program. However, there's a lot of information
that both of these gentlemen provide during this program. We've
done this now for eighteen years. We started the first
one in two thousand and seven. We started with John
(01:34):
Mahoney who was then the director of admissions at Boston College.
And John retired a few years ago, and now Grant
Glostin continues the BC tradition. And Bill fitz Simmons has
been with us for seventeen years and this will be
his eighteenth year. He's the heavyweight champion of college admissions
as far as I'm concerned. And so this is just
(01:56):
a great opportunity for young students, for students and for
their families. They'll answer questions on financing. Both of these
schools are very generous in terms of their scholarship funds available,
work study programs available. So for those of you who think, well,
my kid could never get into Harvard, never afford Harvard,
(02:16):
my kid could never afford my grandchild could never afford
Boston College or get into Boston College, you're incorrect on that.
It doesn't mean it's easy, but it can be done.
And I would again mark on your calendar December ninth,
at eight o'clock. That's a Monday night, not the Monday
(02:37):
after Thanksgiving, but the second Monday after Thanksgiving, Monday, December ninth. Okay,
I want to talk about this has been an interesting
month for President elect Donald Trump. Not only did he
win the election, meaning he secured three hundred and twelve
electoral votes, but he also has won the election the
(03:00):
popular vote. He's just under fifty percent, but he's the
first Republican to win the popular vote in a long time.
I think you have to go back to two thousand
and four when George Bush actually won more votes than
John Kerry. Do you think about it? If you go
all by the way back to nineteen ninety two, there
(03:21):
has only been one Republican who won the popular vote.
Now was George Bush forty three and now Donald Trump
joins that elite group. But everything is not peaches and
roses or whatever whatever metaphor you want to use. Peaches
and cream. Excuse me, peaches and cream and roses or
(03:43):
vasive roses? Are there peaches and cream? The Manhattan District
Attorney Alvin Bragg has decided that he would like to basically,
here's what's going on. Okay, Donald Trump was addicted on
thirty four accounts of business filing transactions. Okay, he basically
(04:07):
took some money moved it around in order to pay
off Stormy Daniels at some point in twenty sixteen. And
I have to go back and double check all the specifics.
His fixer at the time, Michael Cohen, turned out not
to be the most loyal guy in the world and
testified against Donald Trump. And this is a bookkeeping case, which,
(04:32):
from everything that I have read and everything that I
have heard, is a case that was brought against Donald Trump.
The statute limitation of long since expired when it was
brought by Alvin Bragg. They basically somehow used a federal
statute to bootstrap the case and get it into New
(04:53):
York Superior Court. However, well, we don't have to deal
with all of that complexity. We will stay out of those.
And Trump was convicted thirty four counts. I think it
was last May, and his sentencing was originally scheduled for
I think it was July eighteenth, and then the judge
in the case, Judge Mershon, put the sentencing off until September.
(05:19):
And then because it was the middle of a campaign,
Judge One Mershon, Justice I guess they called him down there.
Justice Juan Mershon put it off until November eighteenth, and
this week it was it's been again delayed, and the
Trump lawyers a filing emotion to the judge to say
(05:46):
that this case was flawed from the get go and
that the convictions should be vacated, overturned, and dismissed and
that should be the end of it. Alvin Bragg, And
of course, part of the argument that the Trump attorneys
have raised it is not fair for a prison sentence
(06:09):
to be hanging over the head of a president of
the United States while he's dealing with some very important
issues that affect well three hundred and thirty million Americans,
but also frankly the entire population of the world. That's
their argument. Now, the District Attorney New York of Manhattan,
(06:32):
Alvin Bragg, who is not known for being a strict
Lauren order district attorney except when it comes to Donald Trump,
has filed a response suggesting that as a possible compromise
to a verdict a sentence being rendered by Judge Murshan,
(06:59):
that he could simply keep the case alive that and
hold it over until the end of Donald Trump's term. Now,
in January twentieth of twenty twenty nine, Donald Trump will
end his presidency his second term, assuming that nothing you know,
(07:25):
horrible happens, he ends his forty seventh as the forty
seventh President of the United States, and he then becomes
private citizen although ex President Donald Trump. So what Alvin
Bragg is suggesting is that at that point he could
be dragged into court and he could be sentenced for
upwards of four years in prison. So four years in
(07:49):
the White House followed by four years in prison. This
is becoming ludicrous. And it has nothing to do with
Donald Trump being a Republican or Democrat. It has everything
to do with him being president elect of the United
States and the thinness of the case that was brought
(08:11):
against him. And I would argue that this case never
would have been brought against any other businessman who tried
to hide a payoff to a woman, like a woman
like Stormy Daniels for whatever reason. So the question is tonight,
is there any way And I'd love to hear from
(08:33):
my Liberals and my Democrats and the audience, because I'd
be surprised if anybody in the audience would say yeah,
this would be a great idea, hold off his sentencing
until he's eighty two years old and has finished his
final term in the White House on January twentieth, twenty
(08:54):
twenty nine. I don't think too many people are going
to say that, but I might be surprised, and I
would love to hear from others if you think that.
You know what the what the Republicans call is called
law fair now has been carried to its logical and
insane extreme that we will basically walk someone out of
(09:17):
the White House four years from now. I'm being I'm
being a little dramatic here in handcuffs, put him in
an orange jumpsuit, drive him or fly him up to
New York City, and send him to Riker's Island for
four for four years, until he's eighty six. I think
it will. I think it's absurd that Alvin Bragg is
(09:39):
even floating this as an idea. I'd like to get
your take on it. Six one, seven, two, five four
to ten thirty six one seven, nine, three one ten
thirty or triple eight nine two nine, ten thirty Take
a quick break here a night's side. This is a
quick break, and we'll get back to phone calls. Jump
on board here, because this is one that and particular. Again,
if you're a Democrat and you want to tell me,
(10:00):
I mean, that's exactly what should happen to Donald Trump. Fine,
I'd love to hear your reasoning for it. Now, back
to Dan ray Li from the Window World Nights Sight Studios.
Speaker 2 (10:10):
I'm Dubbs News Radio.
Speaker 1 (10:14):
Okay, let's let's keep rolling here, and I'd like to
get as many folks in as I could. And again,
I'm assuming most Trump supporters are going to agree with
me on this, and I'm assuming that there might be
some some Trump critics who would say, yeah, this is
what he deserves. He he he did the crime, he
did the crime, and now he's going to do the time,
(10:35):
whether or not he can't do it now because he's president,
and they would agree with Alvin Brack. I don't know
see what people say, Mike and Beverly. Mike, you're next
on Nightside. I think I know what you're going to say,
Mike gol right.
Speaker 3 (10:45):
Ahead, anything, yeah, oh, why you're in my mind? No,
I say, Alvin Bragg is up for re election next
year and pull out there. I saw today that seventy
percent of people believe this is political lafia, you know,
and unfortunately he won't. The whole situation was, it's a
(11:07):
non disclosure venement. His lawyer pays the money to the lady.
Trump didn't pay nothing about it. And then you know,
I'm not gonna get into all the lead logistics of it,
because there a lot of it to it that wasn't
the judge.
Speaker 1 (11:22):
And what I'm saying is, you do there is there's
a jury that's come back, however fair or unfair it was,
and whether or not there should have been a change
of venue. Yeah, we're past all of that, so we
got to contround. But it's an extraordinary set of circumstances.
Do we really want to see a president of the
United States serve for four years and then be hit
(11:43):
with a sentence for four years in an orange jumpsuit? Oh?
Speaker 3 (11:46):
I know, it's a joke. It's a joke, and they're
talking about today and like I said, as a pull
up there now I saw it today, it's like sixty
seventy percent of people say it's a political lafia. It's
it's ridiculous. I mean, you're going to hold the case
over his head because Albert Bragg is up for re
election next year in New York. And you know, and
(12:06):
that's what New Yorkers do, and that's how fortunately the
way it goes. But it's it's it's a terrible way
to go about it.
Speaker 4 (12:13):
You know.
Speaker 1 (12:14):
Well Bragg has made has made mistakes before. There was
a a gentleman who owned a small variety store marketplace
about whatever it's called. Uh, and a guy came in
to rob him and UH. The the guy attacked UH,
this older and and and slider built gentleman, and he
(12:38):
had access to a gun. He shot, he killed a
guy uh and wanted to prosecute a commoda until there
was a complete uproar and outrage. So this is a
I don't expect much from Alvin Bragg other than just
using his office. There's a whole bunch of these das
around the country that uh that that some many of
(13:00):
whom now have been turned out of office. Gascon was
turned out of office in Los Angeles. There was a
DA in Saint Louis who was turned out of office.
Certainly there was that DA in San Francisco who who
lost in a recall election. So this is this has
been an ugly chapter in American legal history, and this
(13:22):
would just compound it. I cannot imagine what it would
be like to say, well, you know, Donald Trump is
leaving the White House. He's he's heading to Air Force one.
Normally a president when they end their their final you know,
Joe Biden, for example, he will, I'm sure on air
Force one fly home to Delaware and it will technically
(13:43):
not be air Force one because air Force one becomes
air Force one when the president's on the plane. Bill
fly home to Delaware, and they'll say, you know, oh,
he's finished four years, did his best and he's flying home.
You know great, you know, with grace and dignity. And
with Donald Trump, they say he's not'll be walked out
of the White House. Yes, he does have the orange
jumpsuit on. Is his handcuffs? Yep, He's getting into the
(14:07):
New York City squad car.
Speaker 3 (14:09):
I mean, yeah, it's not even that. But Caviy Hogel
can can get in the failing it too with something
like that too. But it's not gonna hammer it because
Caviy Hoko and uh I came home with Sister James
the other day, like we had a big statement of
a day about there it's kind of come to New
York and like you guys don't even office yet, and
you know, like make it a big statement on something
(14:30):
that he masively may do it. Who knows you?
Speaker 1 (14:33):
All right, Mike, I got you down as this is insane.
Speaker 3 (14:38):
Oh yeah, thank you. Have a good day.
Speaker 1 (14:40):
Thanks, Mike, I have a great night. Six one seven
two fat four ten thirty one line there six one seven,
nine one ten thirty. Is there anyone out there tonight?
And I suspect that there are who feels hey, you know,
you do the crime. You got to do the time,
whether you do the time right away or in the
meantime you get elected president and we'll just kind of
delay it for four years. So well we'll throw you
(15:02):
in the slammer after your four years in the White House.
I think it's insane. But maybe, just maybe you disagree
with me on this one. Matt. You were next one night,
said Matt, go right ahead.
Speaker 5 (15:12):
How you doing?
Speaker 1 (15:13):
Then? I'm doing fine. What's your thought of this?
Speaker 5 (15:18):
Well, I'm just in the same ballpark as you. First off,
the jurisdiction that it's in, I mean, it's ridiculous that
an eighty six year old man, let alone Okay, he
was connected in stay court should have been the FEDS
if that didn't want to take it. I think that's ridiculous.
We're dealing with finances, but Alvin Bragg is trying to
(15:40):
do something and use politically motivated speech and law. She
already acknowledged he doesn't really want a delay if he's
willing to. And I think Trump should put it to
the Supreme Court when he gets in, or put it
to the House in the Senate that some of these
things need to be made legal, because there really are
(16:02):
technicalities that are getting away with. But if we change
you might not have to go to jail. And I
don't think anybody could put him in jail. Eighty six, Well.
Speaker 1 (16:13):
I'm trying to think how he's He's seventy eight now
if I'm not mistaken, so he yeah, he would be Yeah,
he'd emerge at eighty two. Sprite eighty two at eighty two. Well,
Congress can do some things, but in terms of the case,
(16:34):
Congress has no authority to dismiss the case. It's up
to Judge Mrshawan, who was obviously a judge. You know,
he's the guy whose daughter works for the Democratic National
Committee as a fundraiser, and I believe that Mishawn himself
may have donated to the Biden campaign. He should have
recused himself. Any judge, they should have taken that up
(16:55):
on appeal to the US Supreme Court if they could have,
should have recused him.
Speaker 2 (17:00):
So they can't.
Speaker 5 (17:01):
They can't, He can't. Trump can't go to the House
of the Senate to not pass alone his case. But
they change that, they're recuting.
Speaker 1 (17:10):
They well, they can again, they can adjust federal law,
but they can't adjust state law. And the only way
to address Trump's is the state case. But the only
way to in any way, shape or form for Congress
would be to pass legislation. That's perspective going forward in
terms of federal prosecutions. The only real avenue that if
(17:35):
Judge Merson Richon goes along with d. A. Bragg and says, yeah,
I'm going to postpone sentencing until January twentieth, twenty twenty nine,
that's that's going to be fast tracked right to the
US Supreme Court.
Speaker 5 (17:52):
In my opinion, Yeah, okay, well, you know, I'll just
wrap up by saying, there's so much more going on.
As I said, I think Biden's putting a terrible position
that Trump's going to be in for the world, for
a country that's so much more important than this silly
face that there has made a mistake on.
Speaker 1 (18:12):
Well, Biden has no role in this. I mean it's
you know, he's.
Speaker 5 (18:15):
No, no, no, I'm saying that there's just so much
more to focus on than what they're trying to do
to him. Trump said so much more. It's just ridiculous.
I'm going to do with you.
Speaker 1 (18:24):
I appreciate it, Thank you much, appreciate it, Matt, thank
you much. All right, going to get one more in
here before the break, Try to move people a little
bit more quickly. Joe is in Winthrop. Joe, you're next
on nightside.
Speaker 6 (18:34):
Welcome, Thank you, Dean.
Speaker 2 (18:36):
How are you doing to that?
Speaker 1 (18:37):
I'm doing great? What you're taking? What's your thought on this?
So far both the callers agree with me. I'm looking
for people to disagree as well.
Speaker 6 (18:44):
Go right ahead, Well you're not going to find me
because I think everyone knows this is ridiculous, and I
think that Alan Bragg is just trying to alvin one
of the hell's names.
Speaker 2 (18:52):
It's just trying to save face.
Speaker 6 (18:54):
He can't turn around and say oh yeah, this is
really stupid from the start, so they have to keep
pushing it forward even though they know it's ridiculous. You
can't turn around and say, oh, yeah, we were just
trying to affect the election. Now the election is over,
we don't care anymore.
Speaker 1 (19:10):
Well, I think there were graceful ways in which Judge
Mershon could do the right thing and say it's on
the record that he was convicted, but I'm going to
vacate the verdict, and in this sad chapter in American
history that by that action. I'm not sure Mrshon is
(19:31):
you know, has the the judgment to do that, because
I think that he is very committed to procuring a
conviction in this case. If you watched any of the trial,
if you listen to the reports. We didn't have cameras
in the courtroom for the trial, but there was a
(19:51):
lot of coverage of it, and it was clear to
me that this was a judge who gave every benefit
of every question to the prosecution. And you know, Donald
Trump probably didn't help himself by coming out and holding
his impromptu news conferences every morning and every afternoon in
the lobby of the of the courthouse. But that's Donald
(20:12):
Trump's style. So now it's up to Mershon. Does does
Mershon agree and say, look, we're going to sentence, but
we're going to hold the sentence. I mean, it's anyone's guess.
I mean, in theory, he could he could say, look,
I've decided I'm going to sentence him to you know,
four months to begin on or honor about February first,
(20:32):
on February first, twenty twenty nine. I mean, then that
makes the case ripe for appeal on the sentencing issue.
So either way, it's going to get to the US
Supreme Court.
Speaker 6 (20:41):
Is this really something that someone would go to jail for,
like something that no one's ever been charged with before
and will probably never be charged again.
Speaker 1 (20:49):
Well, every case is different. Reading the New York Times
article today said, the stakes remain high for mister Trump.
He faces up to four years in prison after he
leaves the White House, though he would most likely be
sentenced to far less time or too probation. A New
York Times examination found that over the past decade in Manhattan,
(21:09):
more than a third of convictions for falsifying business records
resulted in jail or prison time for the defendant. Now
that sounds like a lot a third ended up in jail. However,
I want to know what type of record, what type
of business records were falsified, because that's that's a pretty
broad umbrella. What Trump did obviously was technically illegal, and
(21:35):
a jury came back and convicted him of that. But
I don't know. I haven't done the research of the
New York Times has I just would look at this
because I had heard that there had been no prison
sentences imposed on people who can been convicted under this statute,
(21:58):
and the many times is unclear to me here. If
they're saying that there are similar cases in which a
third of the defendants who were convicted serve time in jail,
I'd like to see those cases, to be really honest.
Speaker 2 (22:12):
Yeah, in their criminal records too.
Speaker 1 (22:14):
Of the people, yes, of course, yeah, because each case,
each case is are different, and that's why it is different,
and that's why judges have discretion. I mean, this judge could,
if he wanted to, I guess, sentence him to six
months probation upon his the end of his term in office,
which would mean anything to Donald Trump, and I don't
(22:37):
know that it would. It would horribly besmirch his record
depending upon you know, if he has a really good
four year presidency and accomplishes things, that's what people are
going to remember. They're not going to remember that he
serves something like probation for a case that many people
have questions about. I just think it's fascinating. I think
the Democrats have pushed this envelope way too far and
(23:00):
now they're talking about it. So Trump's going to go
to illicit, you know, revenge. He's going to be in
the revenge tour and all of that, which I haven't
seen any evidence of that. When I see evidence of that,
I will call him out if he tries to fight
democratic lawfare with his own lawfare. In my opinion, we see.
Speaker 6 (23:20):
Who's going to stand up and be the biggest man
and end it. I think hopefully it'll see him well.
Speaker 1 (23:25):
I don't have a lot of faith in Judge Mushawn,
but we'll see. I've been surprised by others before. Thanks Joe,
appreciated your call very much.
Speaker 2 (23:34):
Thank you, Dan Joy, your show, good one.
Speaker 1 (23:35):
Thank you much, Happy Thanksgiving. Coming back on Night's side.
I got two only two two lines at six, one, seven, two, five, four, ten,
thirty fill them in and we'll get you on before eleven.
We'll try to. We've got Patrick, Dan and Mark. Ladies.
I let to know where you are in this one.
It's night Side with Dan Ray on.
Speaker 2 (23:55):
Boston's news radio.
Speaker 1 (23:58):
By the way, for clarification, Utah Hockey Club most recently
was the Phoenix Coyotes, and before that, uh forget what
they were, but they that franchise has moved around a
little bit. They have not picked the nickname. They call
it the Utah Hockey Club. Okay, let's keep rolling here.
We're gonna go next. Mark Is in Tewksbury. Mark, you
(24:20):
were next all Nightside. What do you think the judge
should do? Or what do you think about what the
district attorney wants the judge to do? Yeah, that's not
a good connection, Rob. Why don't we try to improve
his connection. We've had some bad connections tonight, but that's okay,
(24:41):
you know, we deal with it. Let's go next to
Patrick Is in Charlestown. Patrick will have a good connection. Patrick, welcome,
How are you?
Speaker 2 (24:49):
How are you holding up?
Speaker 1 (24:50):
Dared, I'm doing just great. I'm interested. I'm hoping to
hear from some Democrats who will tell me that it's
I'd love to know the argument that is in favor
of sentencing Donald Trump the day that he leaves the
White House.
Speaker 2 (25:05):
Four years from the Democrats because they're hiding under the
kitchen table, scared that they're going to get prosecuted. So
uh so that's why I think you're not going to
hear from them. That's a joke.
Speaker 1 (25:17):
Kidding, No, I I took it exactly as a joke,
because I don't think that's in the cards either. But
that's you know, hey, as when when when he when?
When Trump was welcome to the White House the other day,
there was no conversation about this guy's a hitler. That's
a that's a strong statement to make, and he was.
(25:39):
I can just imagine if he really was a hitler?
Would you welcome to the White House? I don't know.
Speaker 2 (25:44):
Seems well, you know when I was every time every
time they call him hitler to me understanding with the
great variation we have in our society and the knowledge
that these people have that there are sick people out there,
that that is a direct suggestion to kill the president
the president and hopefully you'll no longer call him the
(26:04):
former president. By the way, have you abandoned that term.
Speaker 1 (26:08):
Well, he is a former president. He's also a president elect, so.
Speaker 2 (26:13):
Former president or we're gonna call president's president, right.
Speaker 1 (26:18):
No, anyone as a former president, they have the right
to be called the president. But just in terms of
being clear when I when I have I like to
be clear of Patrick and if if I'm offend, if
it offends you, I apologize.
Speaker 2 (26:34):
But let's give the guy a break. He's had enough.
Speaker 1 (26:39):
My point on January twenty first, when you when I
speak of President Biden, you can be sure that the
adjective former president will attach to president.
Speaker 2 (26:52):
I'll still call President Biden president Biden. I had no problem.
But but at any event, my point is last week
you were you were, You had a show on why
Matt Gates would be a bad pick. And we can
all disagree or agree on that. But you know, the
one thing, I don't know if you saw him with
the FBI director. I can't remember the guy's name. I
don't know if you saw Matt Gates is hearing with
(27:13):
the FBI director, Matt Christopher Ray. I believe it was.
It was unbelievable. I can't remember the guy's name. It
was an unbelievable here. This guy is tough man. And
unfortunately this is the world we're living in. Now they're
selling off Rudy Giuliani's private assets now due to lawfare.
This game has changed. It was changed by the Democrats. Unfortunately,
(27:36):
we need to the Republicans need to not be cruel
and malicious. We need to play by the same exact
rules they did. And you know, there were two things
about the federal prosecution with Jack Smith, and then the
state prosecution in New York Bragg and the previous prosecutor
in New York City refused to prosecute this case. And
then there was a letter submitted by a guy named
(27:57):
Mark Palmerans that got published in the New.
Speaker 1 (27:59):
York Times that he is a former assistant District attorney in.
Speaker 2 (28:06):
Manhattan, right, And that was the deliberately designed to put
pressure on Brag to prosecute that he flipped and he
did Jack Smith the same thing. There was a blueprint
provided to the January sixth Committee, and then the January
sixth Committee wrote a blueprint blueprint for the federal prosecution
of Trump. For the January sixth prosecution prosecution j Jack Smith.
(28:29):
There are these you and I have dealt with these
people in law school who are democratic operatives, who routinely
rotate in and out of democratic administrations and then back
into positions in law schools in academia where they are
operators and where where they where they come up with
these schemes, which they did in two different prosecutions here
(28:51):
of Trump won the federal one and won the state one.
And I believe there is a bevy of communications mean
people connected with the Biden campaign attempting to prosecute Trump
even when people had already decided that these were not
worthy of prosecution. Uh yeah, And I believe.
Speaker 1 (29:12):
Again, when when when those when those communications, when those
communications are public become public, you know, we're going to
talk about them. But until I see those communications, I'm
I'm not going to speculate, and I'm not I'm not
trying to argue with you here. It's just that what
(29:34):
I try to do here is deal with with facts.
And you know, there are people who want to tell
me all sorts of different stories. I I did not
realize are you a lawyer as well? Oh yeah, I
did not realize.
Speaker 2 (29:50):
That you and I've had this conversation before I got
my l l M from from Boston University School lots.
Speaker 1 (29:57):
Dan, so really good for good, good for.
Speaker 2 (30:00):
You so many times on I think there used to
be the eleventh floor. I can't remember what floor, I'm
senior pictures said and used to be right next to
the elevators.
Speaker 1 (30:11):
So yeah, well that's good to know. I'm I'm, I
don't recall the conversation we had, but that's that's that's
great and uh uh, congratulate, congratulations. I think the picture.
Speaker 2 (30:24):
Was but but but my point is that we need
somebody to dig into these communications. Will do that.
Speaker 1 (30:37):
But here's my question, counselor, counselor, let me let me
respond if I could very quickly, and that is is
Matt Gates in your opinion, when you when you look
at the whole package, with everything that has been been
floating around him, is he the best republic that Donald
(31:01):
Trump can find to serve as Attorney General? I mean,
how about for Jim if you want to talk about
a good Republican who I think is very tempered and
and and effective, Trey Goudy.
Speaker 2 (31:16):
Yeah, I love Trey. The problem again, Dan, is that
what we don't need is a nice guy in that role,
and we need a bulldog now because the guys like
Jeff Sessions who did not do anything about the fraudulent
claims of Russia collusion and allowed it to go on
(31:36):
for two years.
Speaker 1 (31:37):
Okay, I'll give you another I'll give you another name. Okay,
I'll give you another name. I'm just I just don't
think Matt Gates is the is qualified number one, nor
do I think he's the best choice. How about John?
You do you know John?
Speaker 2 (31:50):
You would be awesome, he would be That is the
best saying I've heard in a long, long time, Dann.
That is that That is your answer right there. And
it might be why Trump is putting Gates up, Because
you put him up, they knock him down and John
Hugh's gonna slide right in. But that is the best
(32:13):
answer I have heard in a long till. You could
not possibly come up with a better choice than that. Well,
probably a future Supreme Court justice as well. Yeah.
Speaker 1 (32:23):
But well, by the way, I know John tremendous respect
from a tremendous intellect. I debated John many years ago.
Yeah uh, And just so you know the story real quickly,
he and I debated at Sea Island, Georgia, in front
of a lot of Republican governors and senators, and Jeff
(32:47):
Sessions actually directed a question to me, and he had
just been elected the US Senate, and I said to
someone later on, who is the guy with the the
the Alabama accident And they said, oh, that's Jeff Sessions.
And I like.
Speaker 2 (33:02):
Well, I like Jeff, but he's not that we need
a bull. He wasn't because.
Speaker 1 (33:08):
You needed somebody who was a little more experienced than
Jeff Sessions. And as they say, I'm so glad that
that you would second the nomination of John You because
he is tough as nails.
Speaker 2 (33:21):
And you know there are communications by point is this Dad,
there are, in my opinion, Commute, I can smell them.
There are communications between democratic operatives. Well, when they come out,
District Attorney's office.
Speaker 1 (33:33):
When they come out, when they come out, let's let's
talk about it. Let's talk about it.
Speaker 2 (33:39):
Well, I will need an AG who's going to go
after them?
Speaker 1 (33:43):
Well I do, and I think John You would be
the guy. But we'll see. There is a thought by
the way that the Gates has been been put out
there as a sacrificial lamb, and that that basically the
the concern and the firepower of the Democratic critic critics
in the Senate will focus on Gates because not only
is Gates controversial, but he's not particularly liked within his
(34:05):
own party. I mean, he was the guy that that
in effect took down McCarthy to the to the disappointment
and the anger of many Republicans in the House. So
he's not missed a popularity. I hope you know that
as well. Well.
Speaker 2 (34:19):
Just one thing, just one quick thing, if I may
on that is that those are the same Republicans who
have allowed the Democrats to keep our borders open for years.
Those are the deal makers who are allowing our children
to die from fentanyl, who allowed Lake and Riley to
get murdered in Georgia. Those are the Republicans who allowed
that to happen. The time for being a nice guy
(34:40):
is over, Dan, and unfortunately I don't wish that it
was this case. That's okay.
Speaker 1 (34:46):
I get your point, Patrick, I get your point. You
made a counselor, so we'll talk about We'll take a break.
We'll take a break. I got Dan and Brookline in
Murder from Newton coming up right after this on Nightside.
Now did Dan ray Line from the Window World Night
Side studios on.
Speaker 5 (35:04):
W b Z the news radio.
Speaker 1 (35:06):
All right, we're going next. We going to talk to
Dan in Brookline. Dan in Brookline, your thoughts and the
choices before Judge Jan Mershaan gor ahead.
Speaker 4 (35:14):
Dan, and then another attorney opinioneer like you not practicing
as much, but I you know, I have that perspective,
and I will say, I'm not going to give you
the defense of Alvin Bragg. Maybe that you're looking for,
but I have a problem with somebody being convicted and
then treating him differently, regardless.
Speaker 1 (35:33):
Of who is.
Speaker 4 (35:34):
I think it's ridiculous what's happened. What happened. I don't
think he should have been prosecuted for that. I think
he was clearly targeted for who he was. Sure, but
I think at this point, you know, he's been he's
been convicted, and I'm wondering if what you think of this,
this take on it. Maybe what's happening is they're going
to sentence him for like you said, after four years
(35:54):
from now, he's going to do four months or whatever,
and then at some point in the next few months
or something, local will pardon him and she'll make some
speech about how you know he's convicted, he's a fell in,
he's offic.
Speaker 1 (36:08):
Who stand I missed with who will who would pardon him?
Speaker 4 (36:13):
The governor?
Speaker 1 (36:15):
Kathy Cole, I'm sorry, Kathy, Kathy, Kathy Hokeele. I don't. Yeah,
I think that's conceivable. But I think that the Democratic
Party at this point has to realize the damage that
was self inflicted in this in this last campaign. I mean,
the fact that Donald Trump can win regain the White
(36:37):
House after all that happened to me is just extraordinary.
Speaker 4 (36:42):
And I agree, But but but don't you don't It's
interesting to me that you're taking this position because as
a lawyer, you know, like you can't what what legal
basis are you? Are you using to say that he
shouldn't be sentenced at this point?
Speaker 1 (36:57):
Like that's why I'll tell you what basis of music? Okay,
Judges always have the discretion upon motion for a dismissal
notwithstanding the verdict that technically is allowable. Okay. Mersham also
can look at the case and he can make a
(37:20):
decision that the circumstances of this case are unprecedented and
that we as a country do not want to look
as a banana republic and have a sort of damocles
hanging over the head of an incumbent president for four years,
knowing that the day that he is released, that he
ends his the second term as president, he then is
(37:43):
subject to being sentenced and potentially put in prison. Is
that the image we want? The case itself against him,
the case itself against him was clearly politically motivated. You're correct,
there us of thirty four count indictment with verdicts returned
(38:06):
by and by a jury based in Manhattan. This should
have been a change of venue in this case, period,
full stop this.
Speaker 4 (38:14):
I agree with everything that you're saying, but I just
I have a hard time just, you know, dismissing the
case at this point. It never happens. I mean, I've
done a bunch of criminal cases that you know. I
just I've never never seen that happen. I think it
would be treating him differently, which I don't like, but
I do think he should be.
Speaker 1 (38:31):
He was treated differently. He was he was treatedly coming
in the door. So that just some different treatment. We'll say, Dan,
you know, if if if it turns out that he's sentenced,
or or at some point they decide to delay the
sentencing until twenty twenty nine, and Hokeel intercedes, uh and
(38:52):
and you know, basically pardons him or commutes any potential sentence.
I guess you'd have to pardon him because if he's
not sentenced, you can't come the sentence that hasn't been issued.
So uh, they could part of if that happens. I
want you to call me back and take a victory.
All right, All right, let me go to MYRNA, who's
(39:14):
calling in from Newton. Hi, Myrna, Welcome to Night Side.
Speaker 7 (39:17):
How are you good, evening?
Speaker 4 (39:20):
Dan?
Speaker 7 (39:20):
I'm fine? Thank you?
Speaker 3 (39:21):
And how are you?
Speaker 1 (39:23):
Is this your first time calling this program?
Speaker 7 (39:26):
No, I am a longtime listener, but have not called
in a long time.
Speaker 1 (39:32):
Okay, so you don't get the applause, but I thank
you for coming back. We got we got less than
two minutes given to me quickly. Uh am, I off
base on target?
Speaker 7 (39:42):
You tell me what Actually, I'm not gonna comment on
the specific topic, but I only have one question.
Speaker 3 (39:53):
And I'm sure I'm not.
Speaker 7 (39:55):
The first caller, your first call who has asked this question.
But I I do not know the answer, and I
quite sure you do. How is was a convicted sellon
able to run for the presidential office of the United
(40:17):
States of America.
Speaker 1 (40:18):
Well, I'll give you I'll give you the answer. I
will give you the definitive answer. There is no law
that prevents him, that someone running for the presidency of
the United States of America. There's no statute whatsoever. James
Michael Curley, who was the mayor of Boston, ran for
office as a convicted criminal. It just there's no law.
(40:42):
That's a pass a law, pass a law that says,
anyone who's convicted of a felony, cannot you know, to
be president United States's gonna be thirty five years old, born, born,
a natural born US citizen. You can't be somebody who
becomes a citizen. Brna. I'm flat out of time. That
is a definitive answer. So you you asked the question
(41:03):
of good faith. I give you the answer. In good faith.
There's no law against it, all.
Speaker 7 (41:07):
Right, unbelievable. There really should be.
Speaker 1 (41:11):
Well there may be, there may be. But in the
law we have a phrase. The results speaks for itself,
race ipselquidor the results speaks for itself. Thank you, MYRDA,
I got a run. We're done. Thank you very much. Mariita,
thank you very much, Rob Brooks, all the callers, all
the listeners, all dogs, all cats, all pets go to heaven.
That's why Pal Charlie ray Is, who passed fourteen years
ago in February, That's where all your pets are who
(41:32):
had passed. They loved you and you love them. I
do believe you'll see them again. See again tomorrowing night
on nights out of Great Thursday. Everyone stay dry
It's nice eyes. I'm going mazy Boston's news radio. So
here's an interesting topic. And to those who were waiting
on the line at the end of the ten o'clock hour,
I apologize, but I do want to get to this
topic as well. And by the way, if I could
just mention again, I will take a point of personal
(00:24):
privilege here that we will be doing our eighteenth annual
college admissions panel with the Dean of Admissions and Financial
Aid at Harvard University, Bill Fitzimmons, and the Dean of
Undergraduate Admissions at Boston College, Grant Goslin, on Monday night,
December ninth. We will start that program at eight o'clock,
(00:45):
and I would invite all of you who have an
interest in anyone in your family son, daughter, grandson, granddaughter, niece, nephew, whatever.
This is a great opportunity for some of the young
people to listen and also to ask questions. I mean,
both Bill Fitzimmons, Dean Fitzsimmons and Dean Goslin Boston College
(01:10):
and Bill fitz Simmons of Harvard take calls, and no
one's going to get admitted to these schools just for
calling into the program. However, there's a lot of information
that both of these gentlemen provide during this program. We've
done this now for eighteen years. We started the first
one in two thousand and seven. We started with John
(01:34):
Mahoney who was then the director of admissions at Boston College.
And John retired a few years ago, and now Grant
Glostin continues the BC tradition. And Bill fitz Simmons has
been with us for seventeen years and this will be
his eighteenth year. He's the heavyweight champion of college admissions
as far as I'm concerned. And so this is just
(01:56):
a great opportunity for young students, for students and for
their families. They'll answer questions on financing. Both of these
schools are very generous in terms of their scholarship funds available,
work study programs available. So for those of you who think, well,
my kid could never get into Harvard, never afford Harvard,
(02:16):
my kid could never afford my grandchild could never afford
Boston College or get into Boston College, you're incorrect on that.
It doesn't mean it's easy, but it can be done.
And I would again mark on your calendar December ninth,
at eight o'clock. That's a Monday night, not the Monday
(02:37):
after Thanksgiving, but the second Monday after Thanksgiving, Monday, December ninth. Okay,
I want to talk about this has been an interesting
month for President elect Donald Trump. Not only did he
win the election, meaning he secured three hundred and twelve
electoral votes, but he also has won the election the
(03:00):
popular vote. He's just under fifty percent, but he's the
first Republican to win the popular vote in a long time.
I think you have to go back to two thousand
and four when George Bush actually won more votes than
John Kerry. Do you think about it? If you go
all by the way back to nineteen ninety two, there
(03:21):
has only been one Republican who won the popular vote.
Now was George Bush forty three and now Donald Trump
joins that elite group. But everything is not peaches and
roses or whatever whatever metaphor you want to use. Peaches
and cream. Excuse me, peaches and cream and roses or
(03:43):
vasive roses? Are there peaches and cream? The Manhattan District
Attorney Alvin Bragg has decided that he would like to basically,
here's what's going on. Okay, Donald Trump was addicted on
thirty four accounts of business filing transactions. Okay, he basically
(04:07):
took some money moved it around in order to pay
off Stormy Daniels at some point in twenty sixteen. And
I have to go back and double check all the specifics.
His fixer at the time, Michael Cohen, turned out not
to be the most loyal guy in the world and
testified against Donald Trump. And this is a bookkeeping case, which,
(04:32):
from everything that I have read and everything that I
have heard, is a case that was brought against Donald Trump.
The statute limitation of long since expired when it was
brought by Alvin Bragg. They basically somehow used a federal
statute to bootstrap the case and get it into New
(04:53):
York Superior Court. However, well, we don't have to deal
with all of that complexity. We will stay out of those.
And Trump was convicted thirty four counts. I think it
was last May, and his sentencing was originally scheduled for
I think it was July eighteenth, and then the judge
in the case, Judge Mershon, put the sentencing off until September.
(05:19):
And then because it was the middle of a campaign,
Judge One Mershon, Justice I guess they called him down there.
Justice Juan Mershon put it off until November eighteenth, and
this week it was it's been again delayed, and the
Trump lawyers a filing emotion to the judge to say
(05:46):
that this case was flawed from the get go and
that the convictions should be vacated, overturned, and dismissed and
that should be the end of it. Alvin Bragg, And
of course, part of the argument that the Trump attorneys
have raised it is not fair for a prison sentence
(06:09):
to be hanging over the head of a president of
the United States while he's dealing with some very important
issues that affect well three hundred and thirty million Americans,
but also frankly the entire population of the world. That's
their argument. Now, the District Attorney New York of Manhattan,
(06:32):
Alvin Bragg, who is not known for being a strict
Lauren order district attorney except when it comes to Donald Trump,
has filed a response suggesting that as a possible compromise
to a verdict a sentence being rendered by Judge Murshan,
(06:59):
that he could simply keep the case alive that and
hold it over until the end of Donald Trump's term. Now,
in January twentieth of twenty twenty nine, Donald Trump will
end his presidency his second term, assuming that nothing you know,
(07:25):
horrible happens, he ends his forty seventh as the forty
seventh President of the United States, and he then becomes
private citizen although ex President Donald Trump. So what Alvin
Bragg is suggesting is that at that point he could
be dragged into court and he could be sentenced for
upwards of four years in prison. So four years in
(07:49):
the White House followed by four years in prison. This
is becoming ludicrous. And it has nothing to do with
Donald Trump being a Republican or Democrat. It has everything
to do with him being president elect of the United
States and the thinness of the case that was brought
(08:11):
against him. And I would argue that this case never
would have been brought against any other businessman who tried
to hide a payoff to a woman, like a woman
like Stormy Daniels for whatever reason. So the question is tonight,
is there any way And I'd love to hear from
(08:33):
my Liberals and my Democrats and the audience, because I'd
be surprised if anybody in the audience would say yeah,
this would be a great idea, hold off his sentencing
until he's eighty two years old and has finished his
final term in the White House on January twentieth, twenty
(08:54):
twenty nine. I don't think too many people are going
to say that, but I might be surprised, and I
would love to hear from others if you think that.
You know what the what the Republicans call is called
law fair now has been carried to its logical and
insane extreme that we will basically walk someone out of
(09:17):
the White House four years from now. I'm being I'm
being a little dramatic here in handcuffs, put him in
an orange jumpsuit, drive him or fly him up to
New York City, and send him to Riker's Island for
four for four years, until he's eighty six. I think
it will. I think it's absurd that Alvin Bragg is
(09:39):
even floating this as an idea. I'd like to get
your take on it. Six one, seven, two, five four
to ten thirty six one seven, nine, three one ten
thirty or triple eight nine two nine, ten thirty Take
a quick break here a night's side. This is a
quick break, and we'll get back to phone calls. Jump
on board here, because this is one that and particular. Again,
if you're a Democrat and you want to tell me,
(10:00):
I mean, that's exactly what should happen to Donald Trump. Fine,
I'd love to hear your reasoning for it. Now, back
to Dan ray Li from the Window World Nights Sight Studios.
Speaker 2 (10:10):
I'm Dubbs News Radio.
Speaker 1 (10:14):
Okay, let's let's keep rolling here, and I'd like to
get as many folks in as I could. And again,
I'm assuming most Trump supporters are going to agree with
me on this, and I'm assuming that there might be
some some Trump critics who would say, yeah, this is
what he deserves. He he he did the crime, he
did the crime, and now he's going to do the time,
(10:35):
whether or not he can't do it now because he's president,
and they would agree with Alvin Brack. I don't know
see what people say, Mike and Beverly. Mike, you're next
on Nightside. I think I know what you're going to say,
Mike gol right.
Speaker 3 (10:45):
Ahead, anything, yeah, oh, why you're in my mind? No,
I say, Alvin Bragg is up for re election next
year and pull out there. I saw today that seventy
percent of people believe this is political lafia, you know,
and unfortunately he won't. The whole situation was, it's a
(11:07):
non disclosure venement. His lawyer pays the money to the lady.
Trump didn't pay nothing about it. And then you know,
I'm not gonna get into all the lead logistics of it,
because there a lot of it to it that wasn't
the judge.
Speaker 1 (11:22):
And what I'm saying is, you do there is there's
a jury that's come back, however fair or unfair it was,
and whether or not there should have been a change
of venue. Yeah, we're past all of that, so we
got to contround. But it's an extraordinary set of circumstances.
Do we really want to see a president of the
United States serve for four years and then be hit
(11:43):
with a sentence for four years in an orange jumpsuit? Oh?
Speaker 3 (11:46):
I know, it's a joke. It's a joke, and they're
talking about today and like I said, as a pull
up there now I saw it today, it's like sixty
seventy percent of people say it's a political lafia. It's
it's ridiculous. I mean, you're going to hold the case
over his head because Albert Bragg is up for re
election next year in New York. And you know, and
(12:06):
that's what New Yorkers do, and that's how fortunately the
way it goes. But it's it's it's a terrible way
to go about it.
Speaker 4 (12:13):
You know.
Speaker 1 (12:14):
Well Bragg has made has made mistakes before. There was
a a gentleman who owned a small variety store marketplace
about whatever it's called. Uh, and a guy came in
to rob him and UH. The the guy attacked UH,
this older and and and slider built gentleman, and he
(12:38):
had access to a gun. He shot, he killed a
guy uh and wanted to prosecute a commoda until there
was a complete uproar and outrage. So this is a
I don't expect much from Alvin Bragg other than just
using his office. There's a whole bunch of these das
around the country that uh that that some many of
(13:00):
whom now have been turned out of office. Gascon was
turned out of office in Los Angeles. There was a
DA in Saint Louis who was turned out of office.
Certainly there was that DA in San Francisco who who
lost in a recall election. So this is this has
been an ugly chapter in American legal history, and this
(13:22):
would just compound it. I cannot imagine what it would
be like to say, well, you know, Donald Trump is
leaving the White House. He's he's heading to Air Force one.
Normally a president when they end their their final you know,
Joe Biden, for example, he will, I'm sure on air
Force one fly home to Delaware and it will technically
(13:43):
not be air Force one because air Force one becomes
air Force one when the president's on the plane. Bill
fly home to Delaware, and they'll say, you know, oh,
he's finished four years, did his best and he's flying home.
You know great, you know, with grace and dignity. And
with Donald Trump, they say he's not'll be walked out
of the White House. Yes, he does have the orange
jumpsuit on. Is his handcuffs? Yep, He's getting into the
(14:07):
New York City squad car.
Speaker 3 (14:09):
I mean, yeah, it's not even that. But Caviy Hogel
can can get in the failing it too with something
like that too. But it's not gonna hammer it because
Caviy Hoko and uh I came home with Sister James
the other day, like we had a big statement of
a day about there it's kind of come to New
York and like you guys don't even office yet, and
you know, like make it a big statement on something
(14:30):
that he masively may do it. Who knows you?
Speaker 1 (14:33):
All right, Mike, I got you down as this is insane.
Speaker 3 (14:38):
Oh yeah, thank you. Have a good day.
Speaker 1 (14:40):
Thanks, Mike, I have a great night. Six one seven
two fat four ten thirty one line there six one seven,
nine one ten thirty. Is there anyone out there tonight?
And I suspect that there are who feels hey, you know,
you do the crime. You got to do the time,
whether you do the time right away or in the
meantime you get elected president and we'll just kind of
delay it for four years. So well we'll throw you
(15:02):
in the slammer after your four years in the White House.
I think it's insane. But maybe, just maybe you disagree
with me on this one. Matt. You were next one night,
said Matt, go right ahead.
Speaker 5 (15:12):
How you doing?
Speaker 1 (15:13):
Then? I'm doing fine. What's your thought of this?
Speaker 5 (15:18):
Well, I'm just in the same ballpark as you. First off,
the jurisdiction that it's in, I mean, it's ridiculous that
an eighty six year old man, let alone Okay, he
was connected in stay court should have been the FEDS
if that didn't want to take it. I think that's ridiculous.
We're dealing with finances, but Alvin Bragg is trying to
(15:40):
do something and use politically motivated speech and law. She
already acknowledged he doesn't really want a delay if he's
willing to. And I think Trump should put it to
the Supreme Court when he gets in, or put it
to the House in the Senate that some of these
things need to be made legal, because there really are
(16:02):
technicalities that are getting away with. But if we change
you might not have to go to jail. And I
don't think anybody could put him in jail. Eighty six, Well.
Speaker 1 (16:13):
I'm trying to think how he's He's seventy eight now
if I'm not mistaken, so he yeah, he would be Yeah,
he'd emerge at eighty two. Sprite eighty two at eighty two. Well,
Congress can do some things, but in terms of the case,
(16:34):
Congress has no authority to dismiss the case. It's up
to Judge Mrshawan, who was obviously a judge. You know,
he's the guy whose daughter works for the Democratic National
Committee as a fundraiser, and I believe that Mishawn himself
may have donated to the Biden campaign. He should have
recused himself. Any judge, they should have taken that up
(16:55):
on appeal to the US Supreme Court if they could have,
should have recused him.
Speaker 2 (17:00):
So they can't.
Speaker 5 (17:01):
They can't, He can't. Trump can't go to the House
of the Senate to not pass alone his case. But
they change that, they're recuting.
Speaker 1 (17:10):
They well, they can again, they can adjust federal law,
but they can't adjust state law. And the only way
to address Trump's is the state case. But the only
way to in any way, shape or form for Congress
would be to pass legislation. That's perspective going forward in
terms of federal prosecutions. The only real avenue that if
(17:35):
Judge Merson Richon goes along with d. A. Bragg and says, yeah,
I'm going to postpone sentencing until January twentieth, twenty twenty nine,
that's that's going to be fast tracked right to the
US Supreme Court.
Speaker 5 (17:52):
In my opinion, Yeah, okay, well, you know, I'll just
wrap up by saying, there's so much more going on.
As I said, I think Biden's putting a terrible position
that Trump's going to be in for the world, for
a country that's so much more important than this silly
face that there has made a mistake on.
Speaker 1 (18:12):
Well, Biden has no role in this. I mean it's
you know, he's.
Speaker 5 (18:15):
No, no, no, I'm saying that there's just so much
more to focus on than what they're trying to do
to him. Trump said so much more. It's just ridiculous.
I'm going to do with you.
Speaker 1 (18:24):
I appreciate it, Thank you much, appreciate it, Matt, thank
you much. All right, going to get one more in
here before the break, Try to move people a little
bit more quickly. Joe is in Winthrop. Joe, you're next
on nightside.
Speaker 6 (18:34):
Welcome, Thank you, Dean.
Speaker 2 (18:36):
How are you doing to that?
Speaker 1 (18:37):
I'm doing great? What you're taking? What's your thought on this?
So far both the callers agree with me. I'm looking
for people to disagree as well.
Speaker 6 (18:44):
Go right ahead, Well you're not going to find me
because I think everyone knows this is ridiculous, and I
think that Alan Bragg is just trying to alvin one
of the hell's names.
Speaker 2 (18:52):
It's just trying to save face.
Speaker 6 (18:54):
He can't turn around and say oh yeah, this is
really stupid from the start, so they have to keep
pushing it forward even though they know it's ridiculous. You
can't turn around and say, oh, yeah, we were just
trying to affect the election. Now the election is over,
we don't care anymore.
Speaker 1 (19:10):
Well, I think there were graceful ways in which Judge
Mershon could do the right thing and say it's on
the record that he was convicted, but I'm going to
vacate the verdict, and in this sad chapter in American
history that by that action. I'm not sure Mrshon is
(19:31):
you know, has the the judgment to do that, because
I think that he is very committed to procuring a
conviction in this case. If you watched any of the trial,
if you listen to the reports. We didn't have cameras
in the courtroom for the trial, but there was a
(19:51):
lot of coverage of it, and it was clear to
me that this was a judge who gave every benefit
of every question to the prosecution. And you know, Donald
Trump probably didn't help himself by coming out and holding
his impromptu news conferences every morning and every afternoon in
the lobby of the of the courthouse. But that's Donald
(20:12):
Trump's style. So now it's up to Mershon. Does does
Mershon agree and say, look, we're going to sentence, but
we're going to hold the sentence. I mean, it's anyone's guess.
I mean, in theory, he could he could say, look,
I've decided I'm going to sentence him to you know,
four months to begin on or honor about February first,
(20:32):
on February first, twenty twenty nine. I mean, then that
makes the case ripe for appeal on the sentencing issue.
So either way, it's going to get to the US
Supreme Court.
Speaker 6 (20:41):
Is this really something that someone would go to jail for,
like something that no one's ever been charged with before
and will probably never be charged again.
Speaker 1 (20:49):
Well, every case is different. Reading the New York Times
article today said, the stakes remain high for mister Trump.
He faces up to four years in prison after he
leaves the White House, though he would most likely be
sentenced to far less time or too probation. A New
York Times examination found that over the past decade in Manhattan,
(21:09):
more than a third of convictions for falsifying business records
resulted in jail or prison time for the defendant. Now
that sounds like a lot a third ended up in jail. However,
I want to know what type of record, what type
of business records were falsified, because that's that's a pretty
broad umbrella. What Trump did obviously was technically illegal, and
(21:35):
a jury came back and convicted him of that. But
I don't know. I haven't done the research of the
New York Times has I just would look at this
because I had heard that there had been no prison
sentences imposed on people who can been convicted under this statute,
(21:58):
and the many times is unclear to me here. If
they're saying that there are similar cases in which a
third of the defendants who were convicted serve time in jail,
I'd like to see those cases, to be really honest.
Speaker 2 (22:12):
Yeah, in their criminal records too.
Speaker 1 (22:14):
Of the people, yes, of course, yeah, because each case,
each case is are different, and that's why it is different,
and that's why judges have discretion. I mean, this judge could,
if he wanted to, I guess, sentence him to six
months probation upon his the end of his term in office,
which would mean anything to Donald Trump, and I don't
(22:37):
know that it would. It would horribly besmirch his record
depending upon you know, if he has a really good
four year presidency and accomplishes things, that's what people are
going to remember. They're not going to remember that he
serves something like probation for a case that many people
have questions about. I just think it's fascinating. I think
the Democrats have pushed this envelope way too far and
(23:00):
now they're talking about it. So Trump's going to go
to illicit, you know, revenge. He's going to be in
the revenge tour and all of that, which I haven't
seen any evidence of that. When I see evidence of that,
I will call him out if he tries to fight
democratic lawfare with his own lawfare. In my opinion, we see.
Speaker 6 (23:20):
Who's going to stand up and be the biggest man
and end it. I think hopefully it'll see him well.
Speaker 1 (23:25):
I don't have a lot of faith in Judge Mushawn,
but we'll see. I've been surprised by others before. Thanks Joe,
appreciated your call very much.
Speaker 2 (23:34):
Thank you, Dan Joy, your show, good one.
Speaker 1 (23:35):
Thank you much, Happy Thanksgiving. Coming back on Night's side.
I got two only two two lines at six, one, seven, two, five, four, ten,
thirty fill them in and we'll get you on before eleven.
We'll try to. We've got Patrick, Dan and Mark. Ladies.
I let to know where you are in this one.
It's night Side with Dan Ray on.
Speaker 2 (23:55):
Boston's news radio.
Speaker 1 (23:58):
By the way, for clarification, Utah Hockey Club most recently
was the Phoenix Coyotes, and before that, uh forget what
they were, but they that franchise has moved around a
little bit. They have not picked the nickname. They call
it the Utah Hockey Club. Okay, let's keep rolling here.
We're gonna go next. Mark Is in Tewksbury. Mark, you
(24:20):
were next all Nightside. What do you think the judge
should do? Or what do you think about what the
district attorney wants the judge to do? Yeah, that's not
a good connection, Rob. Why don't we try to improve
his connection. We've had some bad connections tonight, but that's okay,
(24:41):
you know, we deal with it. Let's go next to
Patrick Is in Charlestown. Patrick will have a good connection. Patrick, welcome,
How are you?
Speaker 2 (24:49):
How are you holding up?
Speaker 1 (24:50):
Dared, I'm doing just great. I'm interested. I'm hoping to
hear from some Democrats who will tell me that it's
I'd love to know the argument that is in favor
of sentencing Donald Trump the day that he leaves the
White House.
Speaker 2 (25:05):
Four years from the Democrats because they're hiding under the
kitchen table, scared that they're going to get prosecuted. So
uh so that's why I think you're not going to
hear from them. That's a joke.
Speaker 1 (25:17):
Kidding, No, I I took it exactly as a joke,
because I don't think that's in the cards either. But
that's you know, hey, as when when when he when?
When Trump was welcome to the White House the other day,
there was no conversation about this guy's a hitler. That's
a that's a strong statement to make, and he was.
(25:39):
I can just imagine if he really was a hitler?
Would you welcome to the White House? I don't know.
Speaker 2 (25:44):
Seems well, you know when I was every time every
time they call him hitler to me understanding with the
great variation we have in our society and the knowledge
that these people have that there are sick people out there,
that that is a direct suggestion to kill the president
the president and hopefully you'll no longer call him the
(26:04):
former president. By the way, have you abandoned that term.
Speaker 1 (26:08):
Well, he is a former president. He's also a president elect, so.
Speaker 2 (26:13):
Former president or we're gonna call president's president, right.
Speaker 1 (26:18):
No, anyone as a former president, they have the right
to be called the president. But just in terms of
being clear when I when I have I like to
be clear of Patrick and if if I'm offend, if
it offends you, I apologize.
Speaker 2 (26:34):
But let's give the guy a break. He's had enough.
Speaker 1 (26:39):
My point on January twenty first, when you when I
speak of President Biden, you can be sure that the
adjective former president will attach to president.
Speaker 2 (26:52):
I'll still call President Biden president Biden. I had no problem.
But but at any event, my point is last week
you were you were, You had a show on why
Matt Gates would be a bad pick. And we can
all disagree or agree on that. But you know, the
one thing, I don't know if you saw him with
the FBI director. I can't remember the guy's name. I
don't know if you saw Matt Gates is hearing with
(27:13):
the FBI director, Matt Christopher Ray. I believe it was.
It was unbelievable. I can't remember the guy's name. It
was an unbelievable here. This guy is tough man. And
unfortunately this is the world we're living in. Now they're
selling off Rudy Giuliani's private assets now due to lawfare.
This game has changed. It was changed by the Democrats. Unfortunately,
(27:36):
we need to the Republicans need to not be cruel
and malicious. We need to play by the same exact
rules they did. And you know, there were two things
about the federal prosecution with Jack Smith, and then the
state prosecution in New York Bragg and the previous prosecutor
in New York City refused to prosecute this case. And
then there was a letter submitted by a guy named
(27:57):
Mark Palmerans that got published in the New.
Speaker 1 (27:59):
York Times that he is a former assistant District attorney in.
Speaker 2 (28:06):
Manhattan, right, And that was the deliberately designed to put
pressure on Brag to prosecute that he flipped and he
did Jack Smith the same thing. There was a blueprint
provided to the January sixth Committee, and then the January
sixth Committee wrote a blueprint blueprint for the federal prosecution
of Trump. For the January sixth prosecution prosecution j Jack Smith.
(28:29):
There are these you and I have dealt with these
people in law school who are democratic operatives, who routinely
rotate in and out of democratic administrations and then back
into positions in law schools in academia where they are
operators and where where they where they come up with
these schemes, which they did in two different prosecutions here
(28:51):
of Trump won the federal one and won the state one.
And I believe there is a bevy of communications mean
people connected with the Biden campaign attempting to prosecute Trump
even when people had already decided that these were not
worthy of prosecution. Uh yeah, And I believe.
Speaker 1 (29:12):
Again, when when when those when those communications, when those
communications are public become public, you know, we're going to
talk about them. But until I see those communications, I'm
I'm not going to speculate, and I'm not I'm not
trying to argue with you here. It's just that what
(29:34):
I try to do here is deal with with facts.
And you know, there are people who want to tell
me all sorts of different stories. I I did not
realize are you a lawyer as well? Oh yeah, I
did not realize.
Speaker 2 (29:50):
That you and I've had this conversation before I got
my l l M from from Boston University School lots.
Speaker 1 (29:57):
Dan, so really good for good, good for.
Speaker 2 (30:00):
You so many times on I think there used to
be the eleventh floor. I can't remember what floor, I'm
senior pictures said and used to be right next to
the elevators.
Speaker 1 (30:11):
So yeah, well that's good to know. I'm I'm, I
don't recall the conversation we had, but that's that's that's
great and uh uh, congratulate, congratulations. I think the picture.
Speaker 2 (30:24):
Was but but but my point is that we need
somebody to dig into these communications. Will do that.
Speaker 1 (30:37):
But here's my question, counselor, counselor, let me let me
respond if I could very quickly, and that is is
Matt Gates in your opinion, when you when you look
at the whole package, with everything that has been been
floating around him, is he the best republic that Donald
(31:01):
Trump can find to serve as Attorney General? I mean,
how about for Jim if you want to talk about
a good Republican who I think is very tempered and
and and effective, Trey Goudy.
Speaker 2 (31:16):
Yeah, I love Trey. The problem again, Dan, is that
what we don't need is a nice guy in that role,
and we need a bulldog now because the guys like
Jeff Sessions who did not do anything about the fraudulent
claims of Russia collusion and allowed it to go on
(31:36):
for two years.
Speaker 1 (31:37):
Okay, I'll give you another I'll give you another name. Okay,
I'll give you another name. I'm just I just don't
think Matt Gates is the is qualified number one, nor
do I think he's the best choice. How about John?
You do you know John?
Speaker 2 (31:50):
You would be awesome, he would be That is the
best saying I've heard in a long, long time, Dann.
That is that That is your answer right there. And
it might be why Trump is putting Gates up, Because
you put him up, they knock him down and John
Hugh's gonna slide right in. But that is the best
(32:13):
answer I have heard in a long till. You could
not possibly come up with a better choice than that. Well,
probably a future Supreme Court justice as well. Yeah.
Speaker 1 (32:23):
But well, by the way, I know John tremendous respect
from a tremendous intellect. I debated John many years ago.
Yeah uh, And just so you know the story real quickly,
he and I debated at Sea Island, Georgia, in front
of a lot of Republican governors and senators, and Jeff
(32:47):
Sessions actually directed a question to me, and he had
just been elected the US Senate, and I said to
someone later on, who is the guy with the the
the Alabama accident And they said, oh, that's Jeff Sessions.
And I like.
Speaker 2 (33:02):
Well, I like Jeff, but he's not that we need
a bull. He wasn't because.
Speaker 1 (33:08):
You needed somebody who was a little more experienced than
Jeff Sessions. And as they say, I'm so glad that
that you would second the nomination of John You because
he is tough as nails.
Speaker 2 (33:21):
And you know there are communications by point is this Dad,
there are, in my opinion, Commute, I can smell them.
There are communications between democratic operatives. Well, when they come out,
District Attorney's office.
Speaker 1 (33:33):
When they come out, when they come out, let's let's
talk about it. Let's talk about it.
Speaker 2 (33:39):
Well, I will need an AG who's going to go
after them?
Speaker 1 (33:43):
Well I do, and I think John You would be
the guy. But we'll see. There is a thought by
the way that the Gates has been been put out
there as a sacrificial lamb, and that that basically the
the concern and the firepower of the Democratic critic critics
in the Senate will focus on Gates because not only
is Gates controversial, but he's not particularly liked within his
(34:05):
own party. I mean, he was the guy that that
in effect took down McCarthy to the to the disappointment
and the anger of many Republicans in the House. So
he's not missed a popularity. I hope you know that
as well. Well.
Speaker 2 (34:19):
Just one thing, just one quick thing, if I may
on that is that those are the same Republicans who
have allowed the Democrats to keep our borders open for years.
Those are the deal makers who are allowing our children
to die from fentanyl, who allowed Lake and Riley to
get murdered in Georgia. Those are the Republicans who allowed
that to happen. The time for being a nice guy
(34:40):
is over, Dan, and unfortunately I don't wish that it
was this case. That's okay.
Speaker 1 (34:46):
I get your point, Patrick, I get your point. You
made a counselor, so we'll talk about We'll take a break.
We'll take a break. I got Dan and Brookline in
Murder from Newton coming up right after this on Nightside.
Now did Dan ray Line from the Window World Night
Side studios on.
Speaker 5 (35:04):
W b Z the news radio.
Speaker 1 (35:06):
All right, we're going next. We going to talk to
Dan in Brookline. Dan in Brookline, your thoughts and the
choices before Judge Jan Mershaan gor ahead.
Speaker 4 (35:14):
Dan, and then another attorney opinioneer like you not practicing
as much, but I you know, I have that perspective,
and I will say, I'm not going to give you
the defense of Alvin Bragg. Maybe that you're looking for,
but I have a problem with somebody being convicted and
then treating him differently, regardless.
Speaker 1 (35:33):
Of who is.
Speaker 4 (35:34):
I think it's ridiculous what's happened. What happened. I don't
think he should have been prosecuted for that. I think
he was clearly targeted for who he was. Sure, but
I think at this point, you know, he's been he's
been convicted, and I'm wondering if what you think of this,
this take on it. Maybe what's happening is they're going
to sentence him for like you said, after four years
(35:54):
from now, he's going to do four months or whatever,
and then at some point in the next few months
or something, local will pardon him and she'll make some
speech about how you know he's convicted, he's a fell in,
he's offic.
Speaker 1 (36:08):
Who stand I missed with who will who would pardon him?
Speaker 4 (36:13):
The governor?
Speaker 1 (36:15):
Kathy Cole, I'm sorry, Kathy, Kathy, Kathy Hokeele. I don't. Yeah,
I think that's conceivable. But I think that the Democratic
Party at this point has to realize the damage that
was self inflicted in this in this last campaign. I mean,
the fact that Donald Trump can win regain the White
(36:37):
House after all that happened to me is just extraordinary.
Speaker 4 (36:42):
And I agree, But but but don't you don't It's
interesting to me that you're taking this position because as
a lawyer, you know, like you can't what what legal
basis are you? Are you using to say that he
shouldn't be sentenced at this point?
Speaker 1 (36:57):
Like that's why I'll tell you what basis of music? Okay,
Judges always have the discretion upon motion for a dismissal
notwithstanding the verdict that technically is allowable. Okay. Mersham also
can look at the case and he can make a
(37:20):
decision that the circumstances of this case are unprecedented and
that we as a country do not want to look
as a banana republic and have a sort of damocles
hanging over the head of an incumbent president for four years,
knowing that the day that he is released, that he
ends his the second term as president, he then is
(37:43):
subject to being sentenced and potentially put in prison. Is
that the image we want? The case itself against him,
the case itself against him was clearly politically motivated. You're correct,
there us of thirty four count indictment with verdicts returned
(38:06):
by and by a jury based in Manhattan. This should
have been a change of venue in this case, period,
full stop this.
Speaker 4 (38:14):
I agree with everything that you're saying, but I just
I have a hard time just, you know, dismissing the
case at this point. It never happens. I mean, I've
done a bunch of criminal cases that you know. I
just I've never never seen that happen. I think it
would be treating him differently, which I don't like, but
I do think he should be.
Speaker 1 (38:31):
He was treated differently. He was he was treatedly coming
in the door. So that just some different treatment. We'll say, Dan,
you know, if if if it turns out that he's sentenced,
or or at some point they decide to delay the
sentencing until twenty twenty nine, and Hokeel intercedes, uh and
(38:52):
and you know, basically pardons him or commutes any potential sentence.
I guess you'd have to pardon him because if he's
not sentenced, you can't come the sentence that hasn't been issued.
So uh, they could part of if that happens. I
want you to call me back and take a victory.
All right, All right, let me go to MYRNA, who's
(39:14):
calling in from Newton. Hi, Myrna, Welcome to Night Side.
Speaker 7 (39:17):
How are you good, evening?
Speaker 4 (39:20):
Dan?
Speaker 7 (39:20):
I'm fine? Thank you?
Speaker 3 (39:21):
And how are you?
Speaker 1 (39:23):
Is this your first time calling this program?
Speaker 7 (39:26):
No, I am a longtime listener, but have not called
in a long time.
Speaker 1 (39:32):
Okay, so you don't get the applause, but I thank
you for coming back. We got we got less than
two minutes given to me quickly. Uh am, I off
base on target?
Speaker 7 (39:42):
You tell me what Actually, I'm not gonna comment on
the specific topic, but I only have one question.
Speaker 3 (39:53):
And I'm sure I'm not.
Speaker 7 (39:55):
The first caller, your first call who has asked this question.
But I I do not know the answer, and I
quite sure you do. How is was a convicted sellon
able to run for the presidential office of the United
(40:17):
States of America.
Speaker 1 (40:18):
Well, I'll give you I'll give you the answer. I
will give you the definitive answer. There is no law
that prevents him, that someone running for the presidency of
the United States of America. There's no statute whatsoever. James
Michael Curley, who was the mayor of Boston, ran for
office as a convicted criminal. It just there's no law.
(40:42):
That's a pass a law, pass a law that says,
anyone who's convicted of a felony, cannot you know, to
be president United States's gonna be thirty five years old, born, born,
a natural born US citizen. You can't be somebody who
becomes a citizen. Brna. I'm flat out of time. That
is a definitive answer. So you you asked the question
(41:03):
of good faith. I give you the answer. In good faith.
There's no law against it, all.
Speaker 7 (41:07):
Right, unbelievable. There really should be.
Speaker 1 (41:11):
Well there may be, there may be. But in the
law we have a phrase. The results speaks for itself,
race ipselquidor the results speaks for itself. Thank you, MYRDA,
I got a run. We're done. Thank you very much. Mariita,
thank you very much, Rob Brooks, all the callers, all
the listeners, all dogs, all cats, all pets go to heaven.
That's why Pal Charlie ray Is, who passed fourteen years
ago in February, That's where all your pets are who
(41:32):
had passed. They loved you and you love them. I
do believe you'll see them again. See again tomorrowing night
on nights out of Great Thursday. Everyone stay dry
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