April 17, 2024 • 37 mins
Biden tweets that Caitlin Clark's WNBA starting salary is unfair. WNBA has never turned a profit, yet gets endless promotion for political reasons. MSNBC's Joy Reid accuses Clay of jury tampering. Jontay Porter banned from NBA, is he banned from WNBA too? Headline calls Clay "anti-gay" for tweet about Trump jury. Former federal prosecutor Andy McCarthy joins Clay and Buck to discuss the Trump trial.
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Episode Transcript
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Speaker 1 (00:00):
Welcome to today's edition of the Clay Travis and Buck
Sexton Show podcast.
Speaker 2 (00:05):
Well again nowur number two Clay Travis Buck Sexton Show.
Appreciate the Patriot ten ninety am Real Talk in.
Speaker 1 (00:12):
Seattle for hosting me.
Speaker 2 (00:13):
I'm speaking out here at a Hillsdale College event this evening.
Speaker 1 (00:18):
Buck is down in Miami. It is truly, I.
Speaker 2 (00:22):
Think, Buck, this is about as far as we could
be geographically in the continental United States.
Speaker 1 (00:27):
I think I'm correct.
Speaker 2 (00:29):
Miami to Seattle is the longest flight you can take
on a commercial airline. I think in the continental United States,
wouldn't it be that is regularly rely scheduled. It's a
brutal flight. I think I've taken that before. Appreciate all
of you out there, Like I said, hanging with us,
all right, several different things. Seven jurors have been selected
for the Trump trial. We'll talk about that with Andy
McCarthy at the bottom half of this hour, maybe a
(00:50):
little bit later. Dive into the specifics under which we
are able to discuss them. They give you like a
rough biographical idea of who these jurors are. They have
to pick five more for the twelve man jury, and
then I think a six and six alternates as well,
so there still are somewhere around eleven jurors that have
to be selected. No trial today Wednesday is the off day,
(01:14):
and I saw this you mentioned it earlier and we
started to get into it a little bit. So I
flew from Atlanta, where I had a great event. Appreciate
Kelly Leffler's group Greater Georgia for putting on a really
fun event in Atlanta. Brian Kemp was there, all the
legislative leaders of the State of Georgia. Was a really
good time there last night, and then hopped to flight,
(01:37):
got in here around I think, what two am Pacific,
So I'm going on fumes a little bit five am
on the East coast. But I saw this when I
was traveling, and I couldn't believe that it was I mean,
you know, you know you do this two buck right,
You see a tweet and you think, for a minute, hey,
wait a minute, is this reeal like this person actually
(02:00):
send it? Is another person? And I was like Joe Biden,
who will not actually say women's sports should only be
made up of women, decided that he needed to weigh in.
And by he decided, I mean someone in the White
House decided that Biden needed to weigh in, and so
this was a tweet that he sent yesterday. Women in
(02:22):
sports continue to push new boundaries and inspire us all
but right now we're seeing that even if you're the best,
women are not paid their fair share. It's time that
we give our daughters the same opportunities as our sons
and ensure women are paid what they deserve.
Speaker 1 (02:41):
Now.
Speaker 2 (02:42):
Caitlin Clark, who drafted number one overall WNBA, Her salary
for the next four years went viral somewhere in the
neighborhood of seventy five thousand dollars a year within the
first three years, and then a little bit of a
step up in year four. I think the total was
in the neighborhood of three hundred and fifty k over
four years something in that neighborhood. Now, this is important
(03:05):
data here. This is from in Wokeness. The revenue produced
by the NBA is ten billion dollars a year. The
revenue produced by the WNBA is around sixty million. And
if you actually do the math as a percentage of revenue,
WNBA players actually make more than NBA players. Just nobody
(03:30):
cares about their profession Clay. This is part of what
you see with Democrats on their mythology around equal pay
concerns as well. There seems to be this this belief
that there is some evil force that is stopping people from.
Speaker 1 (03:47):
Making what the market will bear in their case. And
so I just would want to There's so many obvious
questions in response to Joe Biden's really idiotic tweet, right,
which is what's fair? Who determines what fair pay is
for professional athletes? First of all, the fact that you
(04:08):
can make money playing a it's a kid's game, right, Yeah,
I say that with a I think that's a good thing, right,
But it's it's a game meant for, you know, young people.
And the fact that as an adult you can make
a living playing a sport, which for most people is
a form of recreation is a pretty rarefied and remarkable
thing in and of itself. A lot of countries, you know,
(04:30):
it's not really a thing you can do, certainly can't
make a living doing it, depending on what the sport is.
And so I'd want to know what is fair? And
you point out the NBA makes it like one hundred
times in revenue. What the w NBA makes, so we
know what the numbers tell us. And I mentioned this
to you before off air. You know, I had a
friend that I worked with in the government who was
(04:51):
a professional, former professional lacrosse player, and I remember I
asked him, I said, oh, okay, I was like, you know, what,
what did you make when you were playing professional across
as well? I had to have another job. He's making
fifteen grand a season. Okay, fifteen So why is that fair?
You know, professional across players are professional athletes, and they
work very hard at their sport, and it's fair because
(05:13):
what are the TV rights, what are the ticket sales,
what are the you know, what's the endorsements? And you
add all this stuff up and you create a market
and you pay the people what you can to get
them to you know, it's all supply and demand. It's
all the basics of economics. So what is Biden even saying?
Speaker 3 (05:29):
It?
Speaker 1 (05:29):
Just it's it makes no sense. It's just an emotion
in place of an argument.
Speaker 2 (05:34):
Also, I asked this question, and I bet the answer
is no. Can you think of any business that has
existed for twenty five years and never made a profit
and still exists the fact that the WNBA exists at
all is a testament in many ways too well.
Speaker 1 (05:52):
The government. I guess you could say there's the government.
There's probably some media publications that have to have like
but which errors.
Speaker 2 (06:01):
I don't think they're even even some of these media publications.
I don't think they could go twenty five years with
never making a profit. Now, maybe you've got an owner
who just doesn't care. I mean, basically, you know there
are nonprofits, but I'm talking about an ostensible business venture.
The WNBA exists theoretically to make money. It has never
made a profit in its entire history. But I think
(06:22):
you've stumbled onto something there. I don't think the WNBA
exists to make money, right. I think this is what
I think the Democrats, you know what I'm saying.
Speaker 1 (06:30):
I think that the.
Speaker 2 (06:31):
Truth at that point would be they're already benefiting. The
fact that she makes seventy five K is a testament
to the fact that this organization needs to exist to
make Democrats and leftists feel better, even though they don't
support it themselves.
Speaker 1 (06:45):
That's exactly right. It's a charity case. Effectively, it is
an athletic charity case, or rather as a it's an
unin you could say the WNBA is an unintentional nonprofit
or rather it just doesn't make a profit. I think
that this is because they there's this whole sense that
(07:06):
equality of the sex is if we can even use
the word sexes anymore, because what does that mean? Equality
of the sexes is supposed to mean that we have
equal interest in all fields of human endeavor and equal
outcomes in all fields of human endeavor. And I mean,
it's just I can tell you, you know, a former
(07:28):
now older supermodel, a true supermodel, works out at a
gym that I occasionally go to. I should go to
it a lot more. I'm going to beat all of
you to that punchline, but at a gym that I
go to here in Miami. I mean, honestly, one of
the most famous models in the world. Now she's retired
and whatever Clay she made, just like Jisell Bunchin for example,
(07:50):
when she you know, she was a supermodel married to
Tom Brady, she made tens of millions of dollars a year.
The top male models in the world, as we've discussed before,
maybe make six figures. I don't think they make seven figures.
You know, you know, there might be like a couple
that break into that. And it is because, as a
function of the marketplace, female beauty is more highly financially
(08:14):
rewarded than male attractiveness in that realm. That's just a fact.
Speaker 2 (08:18):
Which is the movie Zoolander, which is hysterical, absolutely ridiculed
right in many ways from a satirical you see zoo Lander,
right of.
Speaker 1 (08:26):
Course, blue steel, I mean blue steel and can only
go left or can only go right? It is, yes,
of course, but you're right.
Speaker 2 (08:32):
I mean that is a perfect example of an industry
that values even though you're selling the same product, that
values female attractiveness infinitely more than men's.
Speaker 1 (08:44):
How about OnlyFans?
Speaker 2 (08:46):
How many straight men are making a lot of money
on OnlyFans right now? If I started an OnlyFans accounts
photo are If I started an OnlyFans account and just
posted photos, I would have zero subscribers.
Speaker 1 (09:00):
Can you imagine at least reach funny idea some of
you can't get enough Clay and buck well you can now.
Speaker 2 (09:06):
Can you imagine if I just started an only fan's
account and I just posted photos of like me trying
to look sexy like Zoolander style, literally would have zero subscribers.
I mean, so female beauty has far more economic value
than male beauty does. I mean, that's not crazy.
Speaker 1 (09:24):
And I think that there are also there are sports
where where women you know, I think that the women
are really close to parody in terms of interest and
ticket sales to men. In tennis, it's a sport that
I that's the sport. I know, you are the best.
You know, people really like when Serena was dominated.
Speaker 2 (09:41):
Actually prefer women's tennis because it's only three sets, it
doesn't take as long, the game is not as fast
paced in terms of serves. For rec players like me
and recreational players, you learn a lot more from watching
the women because the points are longer and it's more
it's closer to what a like decent you know, maybe
college level guy can do versus I mean, the men
(10:02):
are hitting one hundred and thirty mile an hour, serves
like they're you know, like they're sneezing or something.
Speaker 1 (10:07):
It's a joke, like it means nothing to them. So
that's a totally it's a totally different game in that respect.
And so yeah, there are other sports. I know, beach
volleyball is very popular, but you know, people appreciate the
the weeks of those athletes. Olympics are coming up.
Speaker 2 (10:21):
Buck women's gymnastics is far more popular than men's gymnastics.
Speaker 1 (10:24):
Is it by far the most popular Olympic? Isn't that
the most popular the Summer Olympics?
Speaker 2 (10:29):
Usually, I think the women's gymnastics competition is the highest
rated of all of the of all of the events
going on.
Speaker 4 (10:36):
Yeah, so, but we know all of this, and this
is all so obvious, and so what really is like
the what is the childish complaint here that gets all
the way to the top of the United States government,
from Biden's minions on down to.
Speaker 1 (10:52):
The rest of us. What the Caitlin Clark should be paid?
What and where should that money come from? Are we
supposed to subsidize it? Here's what they This is the
way DEEI works. By the way Clay, what they would
say is yes, the men should subsidize it, and that
no one's allowed to talk about the fact that they
have to be subsidized because there's not enough actual interest
and market value in their sport. That's it's like affirmative
(11:14):
action for athletics, but for the you know, for the sexes.
Speaker 2 (11:17):
If you truly feel like WNBA players are underpaid. You
have a choice. You can go buy season tickets. You
can go subscribe to the WNBA League Pass and watch
every game. You can increase with your own choices the
overall revenue, which will eventually lead to higher salaries for
all players. Those people don't do it. All the people
complaining this is this is what this. I got so
(11:37):
fired up about this, Buck, This is the identity politics
victim culture that is trying to take over sports. You
can't even talk about somebody like you. If there's a
black quarterback who doesn't play well and you come out
and you say, man, you know, Deshaun Watson was really
awful for the Cleveland Browns.
Speaker 1 (11:58):
I don't I think they way overpaid them.
Speaker 2 (12:00):
The Huger almost immediate response is, Oh, that's because you're
racist against black quarterbacks.
Speaker 1 (12:04):
What everybody criticizes quarterbacks.
Speaker 2 (12:08):
The essence of sports is to try to treat everyone
the exact same and the most successful Tiger Woods, Michael Jordan,
they get paid at a level that's far different than
everybody else. The other thing here is, Buck, Caitlin Clark
is going to make maybe ten million dollars a year
in endorsements, So everybody's like, oh, she's so underpaid at
(12:29):
the WNBA. She's only making seventy five thousand dollars a year.
How many of you would sign up for ten million
dollars and you would care whether you're seventy five came
from your actual employee.
Speaker 1 (12:39):
Yeah, and you know, at the peak of her tennis powers,
and a Kornakova, who was ranked I think like seventy
in the world, was making more than the number one
ranked female tennis player in the world, So a lot
of things are possible. She was making like ten to
fifteen million dollars a year in endorsements despite being kind
of in the top fifty I think for most of
(12:59):
her career. But you know, a lot of.
Speaker 2 (13:01):
Hustle, Oh, I mean there's a ton of that now
in the NIL era where the Cavender twins who are
down in Miami where you are, blonde, cute girls are
making tons of money off NIL. I think one just
announced she's coming back, Olivia Dunn. My kids like they
know these Instagram influencers like crazy, she's an LSU gymnast.
I think she's the highest paid NIL person in the
(13:23):
entire country. Over the last couple of years, she's made
millions in millions.
Speaker 1 (13:27):
And this also goes to pretty person privilege, which there's
it's male and female, to be clear, but being attractive
for people is a big advantage in life. The biggest
privilege in life is being really good looking. I think
it's the most most omnipresent and and sort of the
most consistent, you know, And it's even true in the
(13:47):
in the news industry, not in the radio industry. We'll
just be it's not true of the radio industry. What
are faces. I'm amazed at how many people still like,
oh clear book faces for radio. I'm like, I get it,
yeah we do, but you know, like everyone.
Speaker 2 (14:01):
Actually for radio. You know what's even worse than his
radio OnlyFans account? Ready now, because I'm gonna I'm gonna
be just posing on the couch and like my underwear
and I'm not I'm gonna have a single single subscribe.
It would actually be really funny to just point out
how absurd this idea is of sexism by me trying
to have an OnlyFans account. The guys who are really ugly,
buck are the writers you go into a press box.
(14:25):
You know, radio people are not good looking. I'm not
claiming that we're the greatest looking people who've ever existed
in media, TV people, best writers.
Speaker 1 (14:33):
I mean, I've tried to think of like he's throwing
sports writers. I will say I've seen sports writers and
some of them kind of look a little bit like
Gollum from Lord of the Yeah. I was trying to
think of their right analogy.
Speaker 2 (14:46):
You definitely think you walk into a press box, You're like,
this is a big collection of ugly dudes. I mean,
it is just an ugly man convention. If you walk
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(16:26):
CNN Swallwell, this was last night on MSNBC Joyreid talking
about this fellow named Clay Travis and his jury tempering scheme.
Speaker 5 (16:40):
Play it.
Speaker 6 (16:40):
Donald Trump is not coping well with being treated like
any other defendant. He went on another posting spree on
his social media grift this morning, screaming about how his
trial is an assault on America. Well, naturally, since he's
freaking out. His allies and the cult of Trump are
falling all over themselves to save him. Wanna be. Vice
President Elise Stephanic called it a to eight weeks show
(17:01):
trial and a total election interference. In addition to his
allies in Congress, right wing media is providing Trump the
self soothing that he needs. Sports commentator turned right wing
political commentator Clay Travis called for Trump supporters in New
York City to try to get seated on the jury
and then refuse to convict. As Congressman Eric Swalwell and
many others pointed out, that is openly encouraging jury tampering.
Speaker 1 (17:24):
Clay, Joy read very upset with you and as a lawyer,
your respect for the law at this one. Should we
invite Joy Reid to come on the show making debates Eric,
that's a great idea. Thirty four felonies for a bookkeeping mistake,
that's a great idea.
Speaker 2 (17:39):
We should also invite the CNN person who said that
I committed felonies on the show to have a discussion
about that. I mean, they won't come on because, to
the point we made earlier in the show, they don't
actually want to have to talk to someone who is
able to combat the things that they're saying. But that
is a fantastic idea, especially because Stephen Colebaer went on
his show We played that yes day and I had
(18:01):
some fun with it, basically saying everybody needs to in
that jurypool, convict Trump. That's what he said on his show.
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chalk dot com. Clay is the name. I just tweeted
(19:05):
out something that's gonna drive everybody crazy.
Speaker 1 (19:07):
Buck.
Speaker 2 (19:08):
I said that there's news out there right now that
John tap we were talking about the w n B
A and Caitlin Clark being under paid, underpaid. By the
way we're efforting Andy McCarthy, you can imagine that this
is kind of a busy time for Andy, although he
can't cite the Mets as an excuse for where he
is right now.
Speaker 1 (19:26):
I don't think but.
Speaker 2 (19:28):
The uh John Tay Porter is an NBA player who
was just banned for life for betting on the NBA,
And I just tweeted, is he banned from the w
n B A two or could he decide now that
he's a w n B A player, the greatest women's
college basketball and women's women's basketball player of all time,
(19:50):
and he'd be a hero of the left, because there's
nothing braver than deciding you aren't the gender that you
actually are. And as we're efforting h Andy, did you
see this tweet that that that came out about me? Buck,
Even even me who was used to this is a story,
Even me who was used to people saying all sorts
(20:12):
of crazy things about me. This story I saw and
I just thought to myself, this is really kind of
part and parcel for where we are. They're angry at me,
still over saying that Trump should not be convicted, and
this is uh, this is pretty uh, this is pretty wild.
The idea that you would decide this is from a website.
(20:36):
The headline is anti gay sportswriter's rage tweet about did
you see this buck? About Trump's hush money trial could
cost him his law license?
Speaker 1 (20:47):
And here's the opening paragraph of the article. That's the headline.
Speaker 2 (20:51):
Homophobic sports writer Clay Travis couldn't resist the urge to
insert himself into Donald Trump's felony hush money trial. Travis
founder of the right wing rage site out Kick. Have
you ever heard me say anything anti gay? And I
just want to if I have. I want to make
it clear that I love lesbians, particularly good looking lesbians,
(21:12):
very fond of their work, and so I want to
make it clear that I love all gay people. But
that's a headline, like I said that Trump shouldn't be convicted,
and suddenly I'm a homophobic bigot according to the headlines.
I don't even what's the connection here other than leftists
decide how to attack you.
Speaker 1 (21:30):
I thought about this because, first of all, I'm just
gonna tell you from when I was in New York
and also down here in South Beach, we are very
popular with the gays. Okay, just for you know, they
love us. We get along great. That sound like Trump now,
great relations. We have a lot, We have a lot
of stalwart some of them can call in now and
just sort of give us a high five. A lot
(21:51):
of stalwart gay and lesbian listeners. Here's what Here's what
they do, though, or rather the people attacking you what
they're doing. They like to use questioning trans as anti gay.
These are not the same thing at all, not even
remote not even remotely the same thing. But they try
(22:12):
to create this. That's why the smashing together of all
the letters right occur, LGPDQ, I A plus right. If
you know what they try to do is say, this
is a very clear tactic of the left. If you
have any issue with any policy relating to any of
the the alphabet group, yes you are opposed to the
(22:35):
entire alphabet group, which is which is a complete slander.
But you see what I mean, that's that's the game
that's played. So because you question, you know, and and
and you too, obviously and not just question I disagree
with the policy around men competing against women in athletic
they think this is crazy. It's crazy. Yes, because we
disagree with that so strongly, they go, oh, well, you
(22:57):
must be anti gay as well. No, these are completely
different things, and that is a dishonest slander meant to
attack somebody who, to your point, find anything you or
I have ever said that could be classified as na gay.
Speaker 2 (23:15):
We bring in now Andy McCarthy, who is I bet
doing more media than he's ever done in his entire life. Andy,
we got seven jurors seated so far. How would you
assess the way this trial is going right now? Has
anything surprised you? Where are we from your perspective?
Speaker 3 (23:34):
The pace the jury selection has really surprised me because
you mentioned media when we were doing it on Monday.
I guess you know, I tried to warn people ahead
of time that nothing really happens during jury selection. It
was you know, obviously, it's historic that it's the first
formal day of the trial against the first former president
(23:55):
who happens to be the de facto Republican nominee, but
nothing much was going to happen, and nothing seemed to
happen the first day. A few rulings that were interesting,
but beyond that, not much. And the estimates play were
that they thought it might take until early May, yeah,
to get a jury because of the glacial pace of Monday.
(24:17):
But then the thing picked up like a rocket Tuesday,
and you know, they could they could have a setback tomorrow,
but the you know, to the extent to judge that
he may have a jury fully selected by Friday. That's
entirely possible.
Speaker 1 (24:32):
Annie, Thanks for being with us. You know we're gonna
have to keep you for another segment. We have too
many questions, so just get ready for that. But one
thing that we've been wondering about, or I've been I've
been wondering about, particularly this whole notion of a an
impartial jury for Trump in New York City on this case,
it seems to me, like I understand, you know, you
(24:53):
go to trial with the justice system you have, and
you know, it's kind of like you go to war
with the army you have. This is what we got
is trial by jury's doma. In general, it's very very good.
But to me it just seems like a farce. I mean,
some of the people that are already it seems have
been in contention are obviously anti Trump. Like, how do
we get is that just baked in at this point?
Speaker 5 (25:15):
Well, you know, the thing is that you're not. The
idea is not to.
Speaker 3 (25:19):
Get people who all like Trump, or who all like
Bragg for that matter, because there's a lot of resentment
against Bragg and Manhattan too.
Speaker 5 (25:30):
The thing to remember about all this is that the
people the.
Speaker 3 (25:35):
Movement progressives who vote in elections like the one where
Bragg was elected, that's a vanishingly small number of the
people in Manhattan, and you know, they're very motivated, so
they kind of punch above their weight. Trump is apt
to find a number of really good jurors in Manhattan.
(25:56):
I like trying cases in Manhattan, now, you know. I
that was twenty years ago, and we were federal so
we were drawing from the Bronx in West Yester too,
But we had a lot of Manhattan jurors. I thought
they were good jurors. The process is supposed to lend
itself to a pretty searching examination of these jurors, so
(26:17):
you can make a discriminating choice about them. There's a
lot of latitude to move to remove people by choice.
Speaker 5 (26:25):
I have a bite for cause rather, I.
Speaker 3 (26:27):
Haven't heard too much complaining that they wanted people removed
from cause with the judge refused to remove, which is
part of why it's going faster.
Speaker 5 (26:37):
I think.
Speaker 3 (26:37):
I think they got rid of a lot of cause
objections the first day in one big fell swoop. But
also remember, in terms of balance, even though if you
even if you accept as a premise that Manhattan is
cut against Trump, which it clearly is, Trump only needs one,
(26:57):
you know, to win here, Brad needs twelve. And that's
a big difference when you have a case like Bragg has,
which is a kind of a dog's breakfast.
Speaker 5 (27:06):
Of a case.
Speaker 2 (27:08):
When we come back, I want to ask you this question, Andy,
what would happen if Trump were convicted? What's the process
that would play out? Thank you for joining us. You
good to come back for one more segment?
Speaker 5 (27:18):
Yeah, of course, great.
Speaker 1 (27:19):
Yeah, let's get into that like us, you know, are
they going to lock him up if they can? Is
really what we want to dive into. And what would
that look like and how would this all work? What
the process is but first up, I want to remind
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let's dive right, And if we're speaking to Andy McCarthy
(29:31):
of National Review and Fox News twenty plus years Southern
District of New York prosecutor. Andy, if they find Trump guilty,
what do you think happens? I mean, give us the
timeline and the possible punishments.
Speaker 3 (29:46):
Well, allowing the things that moving a little faster than
we thought, and we'll see if that continues. Let's say
the trial goes into mid to late May, maybe early June.
If he were get convicted, I think it matters a
lot what he gets convicted of, and we can come
back around and talk about that. But let's assume, for arguments,
(30:07):
say he gets convicted of one or more selonies in
the indictment, which are all all the charges of felonies
in the indictment, he would have a maximum sentences. I
understand the way New York groups statutory counts of four
years and sentencing is normally about three months after.
Speaker 5 (30:30):
A conviction.
Speaker 3 (30:32):
This is a nonviolent crime. He's a first sender in
New York. He should not get a sentence of incarceration.
But you know, if you had asked me about Alan Weiselberg,
who Bragg has prosecuted twice in the last two years,
I would have told you he shouldn't get one either.
And they have him in now where I think his
second five months stint at Rikers, So there'll be a
(30:54):
lot of pressure from the left, which certainly Brag and
the judge seemed to be very keen to to put
him in prison for some period of time. I think
Trump will be able to delay that. And my understanding
is the way New York appellate law works is that
once he appeals, the sentence can be you know, any
(31:17):
sentence imposed can be frozen until the appeal's done.
Speaker 1 (31:22):
And the appeal would take well after the election.
Speaker 5 (31:25):
Oh yeah, be into next year for sure.
Speaker 1 (31:28):
And honestly, Andy, this is a crazy question.
Speaker 2 (31:30):
But given it's a state charge, he doesn't if he
got elected president. How do state charges that have already
and I don't know what the president would be here
because there's truly never been one. How does state criminal
charges apply to a president of the United States if
it was a conviction that occurred prior to his election.
Speaker 5 (31:53):
As you say, Clay.
Speaker 3 (31:54):
The most important thing is that this has never happened before,
So you know, we're kind of spitball in here. But
my view would be the Trump Justice Department would argue
under the supremacy clause that any sentence ought to be
postponed until after his term is over. That, in other words,
(32:17):
the state can't execute a sentence that would prevent the
federal government from doing its ordinary functions, and I kind
of doubt that the that the state would fight that point.
I think, you know what they want here is to
get Trump convicted. You know, look, I've been surprised by
a lot of things, but I don't I know, we've got.
Speaker 1 (32:39):
A million I just I have to ask this, is
there any chance that they could because Andy, what they've
done in DC is I call it warp speed, right
they or ludicrous speed. They've moved faster in the j
six trial than all my friends who are federal defense
attorneys and federal prosecutors say, like ever happens? Could they
do the sentencing much sooner than three months after if
he's found guilty?
Speaker 5 (33:00):
You know, they could try.
Speaker 3 (33:01):
I think his lawyers could you know, tie that.
Speaker 5 (33:04):
Up for a while.
Speaker 3 (33:04):
But I don't really see the big point of doing that,
fuck because again, the appeal would mean he they wouldn't
be able to execute the sentence, and what they really
really want is to call him a convicted felon. I
think how much she gets sentenced beside the point. And
it could be scandalous if you put Trump in jail
(33:25):
when Bragg is taking serious, serious crimes and turning it
into turning them into misdemeanors or not charging them at all.
Speaker 5 (33:33):
That's certainly not going to be helpful to Biden.
Speaker 2 (33:37):
Andy, you heard about the left is fired up at
me for my jury tweets and comments that I've made
on this show. Do you think that I will be
arrested for jury tampering? As Eric Swallwell has requested, as
Joy Read and CNN have requested, Well, I.
Speaker 3 (33:58):
Would say, no, Clay, but you know, I'm not in
New York today, and Alvin Bragg is the DA there.
He's got a different idea when you're on this side
of the political aisle than would be the case in
the normal case. In all seriousness, I think that you know,
what you say is not something I would say, but
(34:20):
it's not the crime of jury tampering. It's basically First
Amendment free speech. I'm you know, I like the jury system.
Speaker 1 (34:31):
I'm one of these You still have some faith in
a Andy, which I appreciate. I'm not sure I do
as much, especially seeing what we're seeing for some of
these jurors. But you know, it's the best thing we got.
Speaker 5 (34:41):
I get it.
Speaker 3 (34:42):
Yeah, But you know, one of the things we talked
about just probably a month ago was how ridiculous it
was that the civil fraud trial was just a bench
trial in front of a garron, Right, And I think
the only reason for making that point is because.
Speaker 5 (34:56):
It's more fair to have a jury trial.
Speaker 3 (34:58):
And the implicit in that is that we think that,
you know, twelve sensible people are more likely to come
to a correct result than one movement progressive. So you
know that's I'm still banking on that.
Speaker 2 (35:09):
If there were a mistrial, let's say they couldn't get
a verdict, there's no way they could get a case rescheduled. Right,
This would basically be Bragg falling on his face if
in some way he doesn't get the felony conviction.
Speaker 3 (35:22):
Yeah, I think I think number one would be ridiculous
if he wanted to try it again, because if they
don't get him on this, it's going to because it's
going to be because it's a ridiculous case, which Bragg
knew in the first place, and that's why he shut
it down in twenty twenty two. If they don't get
a conviction, it's going to be because of things like
Michael Cone, which doesn't get better over time. But the
(35:44):
other thing, just to be totally practical, about it is
Trump's dance cards going to be filled up with you know,
classified information proceedings down in the Florida case and all
of the free trial stuff in the Washington.
Speaker 5 (35:58):
Case, the Jason case.
Speaker 3 (36:01):
He's going to start up again once the Supreme Court
rules on immunity, because when they rule on immunity, assuming
they rule against Trump.
Speaker 5 (36:08):
Which I do, then the case is good.
Speaker 3 (36:11):
The jurisdiction off the case is going to go back
to Judge chuck In and she's going to start.
Speaker 5 (36:15):
Having hearings and putting the pedal to the metal.
Speaker 1 (36:17):
Well, the good news. It sounds like Andy, neither Trump
nor Clay are going to the Big House and going
to be cellmates, perhaps having to pick who gets top
bunk anytime soon.
Speaker 5 (36:28):
Let's let's let's pray for that outcome. I agree with that.
Speaker 1 (36:32):
Pray for television hip. That's what. Can I tell you
one thing Andy, when Clay was on, when the heat
was turned up on Clay, you know what he said,
I'd love to have Andy as my defender if I
if I actually play charges, I.
Speaker 2 (36:44):
Would, I would, I would, I would hire You might
make some money off this before all of a sudden.
Speaker 3 (36:47):
Yeah, I might come out of retirement to that case.
Speaker 1 (36:50):
There we go, all right, everybody back to the third
hour coming up
Speaker 3 (37:01):
Fe
Welcome to today's edition of the Clay Travis and Buck
Sexton Show podcast.
Speaker 2 (00:05):
Well again nowur number two Clay Travis Buck Sexton Show.
Appreciate the Patriot ten ninety am Real Talk in.
Speaker 1 (00:12):
Seattle for hosting me.
Speaker 2 (00:13):
I'm speaking out here at a Hillsdale College event this evening.
Speaker 1 (00:18):
Buck is down in Miami. It is truly, I.
Speaker 2 (00:22):
Think, Buck, this is about as far as we could
be geographically in the continental United States.
Speaker 1 (00:27):
I think I'm correct.
Speaker 2 (00:29):
Miami to Seattle is the longest flight you can take
on a commercial airline. I think in the continental United States,
wouldn't it be that is regularly rely scheduled. It's a
brutal flight. I think I've taken that before. Appreciate all
of you out there, Like I said, hanging with us,
all right, several different things. Seven jurors have been selected
for the Trump trial. We'll talk about that with Andy
McCarthy at the bottom half of this hour, maybe a
(00:50):
little bit later. Dive into the specifics under which we
are able to discuss them. They give you like a
rough biographical idea of who these jurors are. They have
to pick five more for the twelve man jury, and
then I think a six and six alternates as well,
so there still are somewhere around eleven jurors that have
to be selected. No trial today Wednesday is the off day,
(01:14):
and I saw this you mentioned it earlier and we
started to get into it a little bit. So I
flew from Atlanta, where I had a great event. Appreciate
Kelly Leffler's group Greater Georgia for putting on a really
fun event in Atlanta. Brian Kemp was there, all the
legislative leaders of the State of Georgia. Was a really
good time there last night, and then hopped to flight,
(01:37):
got in here around I think, what two am Pacific,
So I'm going on fumes a little bit five am
on the East coast. But I saw this when I
was traveling, and I couldn't believe that it was I mean,
you know, you know you do this two buck right,
You see a tweet and you think, for a minute, hey,
wait a minute, is this reeal like this person actually
(02:00):
send it? Is another person? And I was like Joe Biden,
who will not actually say women's sports should only be
made up of women, decided that he needed to weigh in.
And by he decided, I mean someone in the White
House decided that Biden needed to weigh in, and so
this was a tweet that he sent yesterday. Women in
(02:22):
sports continue to push new boundaries and inspire us all
but right now we're seeing that even if you're the best,
women are not paid their fair share. It's time that
we give our daughters the same opportunities as our sons
and ensure women are paid what they deserve.
Speaker 1 (02:41):
Now.
Speaker 2 (02:42):
Caitlin Clark, who drafted number one overall WNBA, Her salary
for the next four years went viral somewhere in the
neighborhood of seventy five thousand dollars a year within the
first three years, and then a little bit of a
step up in year four. I think the total was
in the neighborhood of three hundred and fifty k over
four years something in that neighborhood. Now, this is important
(03:05):
data here. This is from in Wokeness. The revenue produced
by the NBA is ten billion dollars a year. The
revenue produced by the WNBA is around sixty million. And
if you actually do the math as a percentage of revenue,
WNBA players actually make more than NBA players. Just nobody
(03:30):
cares about their profession Clay. This is part of what
you see with Democrats on their mythology around equal pay
concerns as well. There seems to be this this belief
that there is some evil force that is stopping people from.
Speaker 1 (03:47):
Making what the market will bear in their case. And
so I just would want to There's so many obvious
questions in response to Joe Biden's really idiotic tweet, right,
which is what's fair? Who determines what fair pay is
for professional athletes? First of all, the fact that you
(04:08):
can make money playing a it's a kid's game, right, Yeah,
I say that with a I think that's a good thing, right,
But it's it's a game meant for, you know, young people.
And the fact that as an adult you can make
a living playing a sport, which for most people is
a form of recreation is a pretty rarefied and remarkable
thing in and of itself. A lot of countries, you know,
(04:30):
it's not really a thing you can do, certainly can't
make a living doing it, depending on what the sport is.
And so I'd want to know what is fair? And
you point out the NBA makes it like one hundred
times in revenue. What the w NBA makes, so we
know what the numbers tell us. And I mentioned this
to you before off air. You know, I had a
friend that I worked with in the government who was
(04:51):
a professional, former professional lacrosse player, and I remember I
asked him, I said, oh, okay, I was like, you know, what,
what did you make when you were playing professional across
as well? I had to have another job. He's making
fifteen grand a season. Okay, fifteen So why is that fair?
You know, professional across players are professional athletes, and they
work very hard at their sport, and it's fair because
(05:13):
what are the TV rights, what are the ticket sales,
what are the you know, what's the endorsements? And you
add all this stuff up and you create a market
and you pay the people what you can to get
them to you know, it's all supply and demand. It's
all the basics of economics. So what is Biden even saying?
Speaker 3 (05:29):
It?
Speaker 1 (05:29):
Just it's it makes no sense. It's just an emotion
in place of an argument.
Speaker 2 (05:34):
Also, I asked this question, and I bet the answer
is no. Can you think of any business that has
existed for twenty five years and never made a profit
and still exists the fact that the WNBA exists at
all is a testament in many ways too well.
Speaker 1 (05:52):
The government. I guess you could say there's the government.
There's probably some media publications that have to have like
but which errors.
Speaker 2 (06:01):
I don't think they're even even some of these media publications.
I don't think they could go twenty five years with
never making a profit. Now, maybe you've got an owner
who just doesn't care. I mean, basically, you know there
are nonprofits, but I'm talking about an ostensible business venture.
The WNBA exists theoretically to make money. It has never
made a profit in its entire history. But I think
(06:22):
you've stumbled onto something there. I don't think the WNBA
exists to make money, right. I think this is what
I think the Democrats, you know what I'm saying.
Speaker 1 (06:30):
I think that the.
Speaker 2 (06:31):
Truth at that point would be they're already benefiting. The
fact that she makes seventy five K is a testament
to the fact that this organization needs to exist to
make Democrats and leftists feel better, even though they don't
support it themselves.
Speaker 1 (06:45):
That's exactly right. It's a charity case. Effectively, it is
an athletic charity case, or rather as a it's an
unin you could say the WNBA is an unintentional nonprofit
or rather it just doesn't make a profit. I think
that this is because they there's this whole sense that
(07:06):
equality of the sex is if we can even use
the word sexes anymore, because what does that mean? Equality
of the sexes is supposed to mean that we have
equal interest in all fields of human endeavor and equal
outcomes in all fields of human endeavor. And I mean,
it's just I can tell you, you know, a former
(07:28):
now older supermodel, a true supermodel, works out at a
gym that I occasionally go to. I should go to
it a lot more. I'm going to beat all of
you to that punchline, but at a gym that I
go to here in Miami. I mean, honestly, one of
the most famous models in the world. Now she's retired
and whatever Clay she made, just like Jisell Bunchin for example,
(07:50):
when she you know, she was a supermodel married to
Tom Brady, she made tens of millions of dollars a year.
The top male models in the world, as we've discussed before,
maybe make six figures. I don't think they make seven figures.
You know, you know, there might be like a couple
that break into that. And it is because, as a
function of the marketplace, female beauty is more highly financially
(08:14):
rewarded than male attractiveness in that realm. That's just a fact.
Speaker 2 (08:18):
Which is the movie Zoolander, which is hysterical, absolutely ridiculed
right in many ways from a satirical you see zoo Lander,
right of.
Speaker 1 (08:26):
Course, blue steel, I mean blue steel and can only
go left or can only go right? It is, yes,
of course, but you're right.
Speaker 2 (08:32):
I mean that is a perfect example of an industry
that values even though you're selling the same product, that
values female attractiveness infinitely more than men's.
Speaker 1 (08:44):
How about OnlyFans?
Speaker 2 (08:46):
How many straight men are making a lot of money
on OnlyFans right now? If I started an OnlyFans accounts
photo are If I started an OnlyFans account and just
posted photos, I would have zero subscribers.
Speaker 1 (09:00):
Can you imagine at least reach funny idea some of
you can't get enough Clay and buck well you can now.
Speaker 2 (09:06):
Can you imagine if I just started an only fan's
account and I just posted photos of like me trying
to look sexy like Zoolander style, literally would have zero subscribers.
I mean, so female beauty has far more economic value
than male beauty does. I mean, that's not crazy.
Speaker 1 (09:24):
And I think that there are also there are sports
where where women you know, I think that the women
are really close to parody in terms of interest and
ticket sales to men. In tennis, it's a sport that
I that's the sport. I know, you are the best.
You know, people really like when Serena was dominated.
Speaker 2 (09:41):
Actually prefer women's tennis because it's only three sets, it
doesn't take as long, the game is not as fast
paced in terms of serves. For rec players like me
and recreational players, you learn a lot more from watching
the women because the points are longer and it's more
it's closer to what a like decent you know, maybe
college level guy can do versus I mean, the men
(10:02):
are hitting one hundred and thirty mile an hour, serves
like they're you know, like they're sneezing or something.
Speaker 1 (10:07):
It's a joke, like it means nothing to them. So
that's a totally it's a totally different game in that respect.
And so yeah, there are other sports. I know, beach
volleyball is very popular, but you know, people appreciate the
the weeks of those athletes. Olympics are coming up.
Speaker 2 (10:21):
Buck women's gymnastics is far more popular than men's gymnastics.
Speaker 1 (10:24):
Is it by far the most popular Olympic? Isn't that
the most popular the Summer Olympics?
Speaker 2 (10:29):
Usually, I think the women's gymnastics competition is the highest
rated of all of the of all of the events
going on.
Speaker 4 (10:36):
Yeah, so, but we know all of this, and this
is all so obvious, and so what really is like
the what is the childish complaint here that gets all
the way to the top of the United States government,
from Biden's minions on down to.
Speaker 1 (10:52):
The rest of us. What the Caitlin Clark should be paid?
What and where should that money come from? Are we
supposed to subsidize it? Here's what they This is the
way DEEI works. By the way Clay, what they would
say is yes, the men should subsidize it, and that
no one's allowed to talk about the fact that they
have to be subsidized because there's not enough actual interest
and market value in their sport. That's it's like affirmative
(11:14):
action for athletics, but for the you know, for the sexes.
Speaker 2 (11:17):
If you truly feel like WNBA players are underpaid. You
have a choice. You can go buy season tickets. You
can go subscribe to the WNBA League Pass and watch
every game. You can increase with your own choices the
overall revenue, which will eventually lead to higher salaries for
all players. Those people don't do it. All the people
complaining this is this is what this. I got so
(11:37):
fired up about this, Buck, This is the identity politics
victim culture that is trying to take over sports. You
can't even talk about somebody like you. If there's a
black quarterback who doesn't play well and you come out
and you say, man, you know, Deshaun Watson was really
awful for the Cleveland Browns.
Speaker 1 (11:58):
I don't I think they way overpaid them.
Speaker 2 (12:00):
The Huger almost immediate response is, Oh, that's because you're
racist against black quarterbacks.
Speaker 1 (12:04):
What everybody criticizes quarterbacks.
Speaker 2 (12:08):
The essence of sports is to try to treat everyone
the exact same and the most successful Tiger Woods, Michael Jordan,
they get paid at a level that's far different than
everybody else. The other thing here is, Buck, Caitlin Clark
is going to make maybe ten million dollars a year
in endorsements, So everybody's like, oh, she's so underpaid at
(12:29):
the WNBA. She's only making seventy five thousand dollars a year.
How many of you would sign up for ten million
dollars and you would care whether you're seventy five came
from your actual employee.
Speaker 1 (12:39):
Yeah, and you know, at the peak of her tennis powers,
and a Kornakova, who was ranked I think like seventy
in the world, was making more than the number one
ranked female tennis player in the world, So a lot
of things are possible. She was making like ten to
fifteen million dollars a year in endorsements despite being kind
of in the top fifty I think for most of
(12:59):
her career. But you know, a lot of.
Speaker 2 (13:01):
Hustle, Oh, I mean there's a ton of that now
in the NIL era where the Cavender twins who are
down in Miami where you are, blonde, cute girls are
making tons of money off NIL. I think one just
announced she's coming back, Olivia Dunn. My kids like they
know these Instagram influencers like crazy, she's an LSU gymnast.
I think she's the highest paid NIL person in the
(13:23):
entire country. Over the last couple of years, she's made
millions in millions.
Speaker 1 (13:27):
And this also goes to pretty person privilege, which there's
it's male and female, to be clear, but being attractive
for people is a big advantage in life. The biggest
privilege in life is being really good looking. I think
it's the most most omnipresent and and sort of the
most consistent, you know, And it's even true in the
(13:47):
in the news industry, not in the radio industry. We'll
just be it's not true of the radio industry. What
are faces. I'm amazed at how many people still like,
oh clear book faces for radio. I'm like, I get it,
yeah we do, but you know, like everyone.
Speaker 2 (14:01):
Actually for radio. You know what's even worse than his
radio OnlyFans account? Ready now, because I'm gonna I'm gonna
be just posing on the couch and like my underwear
and I'm not I'm gonna have a single single subscribe.
It would actually be really funny to just point out
how absurd this idea is of sexism by me trying
to have an OnlyFans account. The guys who are really ugly,
buck are the writers you go into a press box.
(14:25):
You know, radio people are not good looking. I'm not
claiming that we're the greatest looking people who've ever existed
in media, TV people, best writers.
Speaker 1 (14:33):
I mean, I've tried to think of like he's throwing
sports writers. I will say I've seen sports writers and
some of them kind of look a little bit like
Gollum from Lord of the Yeah. I was trying to
think of their right analogy.
Speaker 2 (14:46):
You definitely think you walk into a press box, You're like,
this is a big collection of ugly dudes. I mean,
it is just an ugly man convention. If you walk
into a press box a right, I'm gonna get a
living right. I'm gonna stop Clay before he gets himself
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(16:26):
CNN Swallwell, this was last night on MSNBC Joyreid talking
about this fellow named Clay Travis and his jury tempering scheme.
Speaker 5 (16:40):
Play it.
Speaker 6 (16:40):
Donald Trump is not coping well with being treated like
any other defendant. He went on another posting spree on
his social media grift this morning, screaming about how his
trial is an assault on America. Well, naturally, since he's
freaking out. His allies and the cult of Trump are
falling all over themselves to save him. Wanna be. Vice
President Elise Stephanic called it a to eight weeks show
(17:01):
trial and a total election interference. In addition to his
allies in Congress, right wing media is providing Trump the
self soothing that he needs. Sports commentator turned right wing
political commentator Clay Travis called for Trump supporters in New
York City to try to get seated on the jury
and then refuse to convict. As Congressman Eric Swalwell and
many others pointed out, that is openly encouraging jury tampering.
Speaker 1 (17:24):
Clay, Joy read very upset with you and as a lawyer,
your respect for the law at this one. Should we
invite Joy Reid to come on the show making debates Eric,
that's a great idea. Thirty four felonies for a bookkeeping mistake,
that's a great idea.
Speaker 2 (17:39):
We should also invite the CNN person who said that
I committed felonies on the show to have a discussion
about that. I mean, they won't come on because, to
the point we made earlier in the show, they don't
actually want to have to talk to someone who is
able to combat the things that they're saying. But that
is a fantastic idea, especially because Stephen Colebaer went on
his show We played that yes day and I had
(18:01):
some fun with it, basically saying everybody needs to in
that jurypool, convict Trump. That's what he said on his show.
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chalk dot com. Clay is the name. I just tweeted
(19:05):
out something that's gonna drive everybody crazy.
Speaker 1 (19:07):
Buck.
Speaker 2 (19:08):
I said that there's news out there right now that
John tap we were talking about the w n B
A and Caitlin Clark being under paid, underpaid. By the
way we're efforting Andy McCarthy, you can imagine that this
is kind of a busy time for Andy, although he
can't cite the Mets as an excuse for where he
is right now.
Speaker 1 (19:26):
I don't think but.
Speaker 2 (19:28):
The uh John Tay Porter is an NBA player who
was just banned for life for betting on the NBA,
And I just tweeted, is he banned from the w
n B A two or could he decide now that
he's a w n B A player, the greatest women's
college basketball and women's women's basketball player of all time,
(19:50):
and he'd be a hero of the left, because there's
nothing braver than deciding you aren't the gender that you
actually are. And as we're efforting h Andy, did you
see this tweet that that that came out about me? Buck,
Even even me who was used to this is a story,
Even me who was used to people saying all sorts
(20:12):
of crazy things about me. This story I saw and
I just thought to myself, this is really kind of
part and parcel for where we are. They're angry at me,
still over saying that Trump should not be convicted, and
this is uh, this is pretty uh, this is pretty wild.
The idea that you would decide this is from a website.
(20:36):
The headline is anti gay sportswriter's rage tweet about did
you see this buck? About Trump's hush money trial could
cost him his law license?
Speaker 1 (20:47):
And here's the opening paragraph of the article. That's the headline.
Speaker 2 (20:51):
Homophobic sports writer Clay Travis couldn't resist the urge to
insert himself into Donald Trump's felony hush money trial. Travis
founder of the right wing rage site out Kick. Have
you ever heard me say anything anti gay? And I
just want to if I have. I want to make
it clear that I love lesbians, particularly good looking lesbians,
(21:12):
very fond of their work, and so I want to
make it clear that I love all gay people. But
that's a headline, like I said that Trump shouldn't be convicted,
and suddenly I'm a homophobic bigot according to the headlines.
I don't even what's the connection here other than leftists
decide how to attack you.
Speaker 1 (21:30):
I thought about this because, first of all, I'm just
gonna tell you from when I was in New York
and also down here in South Beach, we are very
popular with the gays. Okay, just for you know, they
love us. We get along great. That sound like Trump now,
great relations. We have a lot, We have a lot
of stalwart some of them can call in now and
just sort of give us a high five. A lot
(21:51):
of stalwart gay and lesbian listeners. Here's what Here's what
they do, though, or rather the people attacking you what
they're doing. They like to use questioning trans as anti gay.
These are not the same thing at all, not even
remote not even remotely the same thing. But they try
(22:12):
to create this. That's why the smashing together of all
the letters right occur, LGPDQ, I A plus right. If
you know what they try to do is say, this
is a very clear tactic of the left. If you
have any issue with any policy relating to any of
the the alphabet group, yes you are opposed to the
(22:35):
entire alphabet group, which is which is a complete slander.
But you see what I mean, that's that's the game
that's played. So because you question, you know, and and
and you too, obviously and not just question I disagree
with the policy around men competing against women in athletic
they think this is crazy. It's crazy. Yes, because we
disagree with that so strongly, they go, oh, well, you
(22:57):
must be anti gay as well. No, these are completely
different things, and that is a dishonest slander meant to
attack somebody who, to your point, find anything you or
I have ever said that could be classified as na gay.
Speaker 2 (23:15):
We bring in now Andy McCarthy, who is I bet
doing more media than he's ever done in his entire life. Andy,
we got seven jurors seated so far. How would you
assess the way this trial is going right now? Has
anything surprised you? Where are we from your perspective?
Speaker 3 (23:34):
The pace the jury selection has really surprised me because
you mentioned media when we were doing it on Monday.
I guess you know, I tried to warn people ahead
of time that nothing really happens during jury selection. It
was you know, obviously, it's historic that it's the first
formal day of the trial against the first former president
(23:55):
who happens to be the de facto Republican nominee, but
nothing much was going to happen, and nothing seemed to
happen the first day. A few rulings that were interesting,
but beyond that, not much. And the estimates play were
that they thought it might take until early May, yeah,
to get a jury because of the glacial pace of Monday.
(24:17):
But then the thing picked up like a rocket Tuesday,
and you know, they could they could have a setback tomorrow,
but the you know, to the extent to judge that
he may have a jury fully selected by Friday. That's
entirely possible.
Speaker 1 (24:32):
Annie, Thanks for being with us. You know we're gonna
have to keep you for another segment. We have too
many questions, so just get ready for that. But one
thing that we've been wondering about, or I've been I've
been wondering about, particularly this whole notion of a an
impartial jury for Trump in New York City on this case,
it seems to me, like I understand, you know, you
(24:53):
go to trial with the justice system you have, and
you know, it's kind of like you go to war
with the army you have. This is what we got
is trial by jury's doma. In general, it's very very good.
But to me it just seems like a farce. I mean,
some of the people that are already it seems have
been in contention are obviously anti Trump. Like, how do
we get is that just baked in at this point?
Speaker 5 (25:15):
Well, you know, the thing is that you're not. The
idea is not to.
Speaker 3 (25:19):
Get people who all like Trump, or who all like
Bragg for that matter, because there's a lot of resentment
against Bragg and Manhattan too.
Speaker 5 (25:30):
The thing to remember about all this is that the
people the.
Speaker 3 (25:35):
Movement progressives who vote in elections like the one where
Bragg was elected, that's a vanishingly small number of the
people in Manhattan, and you know, they're very motivated, so
they kind of punch above their weight. Trump is apt
to find a number of really good jurors in Manhattan.
(25:56):
I like trying cases in Manhattan, now, you know. I
that was twenty years ago, and we were federal so
we were drawing from the Bronx in West Yester too,
But we had a lot of Manhattan jurors. I thought
they were good jurors. The process is supposed to lend
itself to a pretty searching examination of these jurors, so
(26:17):
you can make a discriminating choice about them. There's a
lot of latitude to move to remove people by choice.
Speaker 5 (26:25):
I have a bite for cause rather, I.
Speaker 3 (26:27):
Haven't heard too much complaining that they wanted people removed
from cause with the judge refused to remove, which is
part of why it's going faster.
Speaker 5 (26:37):
I think.
Speaker 3 (26:37):
I think they got rid of a lot of cause
objections the first day in one big fell swoop. But
also remember, in terms of balance, even though if you
even if you accept as a premise that Manhattan is
cut against Trump, which it clearly is, Trump only needs one,
(26:57):
you know, to win here, Brad needs twelve. And that's
a big difference when you have a case like Bragg has,
which is a kind of a dog's breakfast.
Speaker 5 (27:06):
Of a case.
Speaker 2 (27:08):
When we come back, I want to ask you this question, Andy,
what would happen if Trump were convicted? What's the process
that would play out? Thank you for joining us. You
good to come back for one more segment?
Speaker 5 (27:18):
Yeah, of course, great.
Speaker 1 (27:19):
Yeah, let's get into that like us, you know, are
they going to lock him up if they can? Is
really what we want to dive into. And what would
that look like and how would this all work? What
the process is but first up, I want to remind
everybody about the incredible work being done by the Preborn
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let's dive right, And if we're speaking to Andy McCarthy
(29:31):
of National Review and Fox News twenty plus years Southern
District of New York prosecutor. Andy, if they find Trump guilty,
what do you think happens? I mean, give us the
timeline and the possible punishments.
Speaker 3 (29:46):
Well, allowing the things that moving a little faster than
we thought, and we'll see if that continues. Let's say
the trial goes into mid to late May, maybe early June.
If he were get convicted, I think it matters a
lot what he gets convicted of, and we can come
back around and talk about that. But let's assume, for arguments,
(30:07):
say he gets convicted of one or more selonies in
the indictment, which are all all the charges of felonies
in the indictment, he would have a maximum sentences. I
understand the way New York groups statutory counts of four
years and sentencing is normally about three months after.
Speaker 5 (30:30):
A conviction.
Speaker 3 (30:32):
This is a nonviolent crime. He's a first sender in
New York. He should not get a sentence of incarceration.
But you know, if you had asked me about Alan Weiselberg,
who Bragg has prosecuted twice in the last two years,
I would have told you he shouldn't get one either.
And they have him in now where I think his
second five months stint at Rikers, So there'll be a
(30:54):
lot of pressure from the left, which certainly Brag and
the judge seemed to be very keen to to put
him in prison for some period of time. I think
Trump will be able to delay that. And my understanding
is the way New York appellate law works is that
once he appeals, the sentence can be you know, any
(31:17):
sentence imposed can be frozen until the appeal's done.
Speaker 1 (31:22):
And the appeal would take well after the election.
Speaker 5 (31:25):
Oh yeah, be into next year for sure.
Speaker 1 (31:28):
And honestly, Andy, this is a crazy question.
Speaker 2 (31:30):
But given it's a state charge, he doesn't if he
got elected president. How do state charges that have already
and I don't know what the president would be here
because there's truly never been one. How does state criminal
charges apply to a president of the United States if
it was a conviction that occurred prior to his election.
Speaker 5 (31:53):
As you say, Clay.
Speaker 3 (31:54):
The most important thing is that this has never happened before,
So you know, we're kind of spitball in here. But
my view would be the Trump Justice Department would argue
under the supremacy clause that any sentence ought to be
postponed until after his term is over. That, in other words,
(32:17):
the state can't execute a sentence that would prevent the
federal government from doing its ordinary functions, and I kind
of doubt that the that the state would fight that point.
I think, you know what they want here is to
get Trump convicted. You know, look, I've been surprised by
a lot of things, but I don't I know, we've got.
Speaker 1 (32:39):
A million I just I have to ask this, is
there any chance that they could because Andy, what they've
done in DC is I call it warp speed, right
they or ludicrous speed. They've moved faster in the j
six trial than all my friends who are federal defense
attorneys and federal prosecutors say, like ever happens? Could they
do the sentencing much sooner than three months after if
he's found guilty?
Speaker 5 (33:00):
You know, they could try.
Speaker 3 (33:01):
I think his lawyers could you know, tie that.
Speaker 5 (33:04):
Up for a while.
Speaker 3 (33:04):
But I don't really see the big point of doing that,
fuck because again, the appeal would mean he they wouldn't
be able to execute the sentence, and what they really
really want is to call him a convicted felon. I
think how much she gets sentenced beside the point. And
it could be scandalous if you put Trump in jail
(33:25):
when Bragg is taking serious, serious crimes and turning it
into turning them into misdemeanors or not charging them at all.
Speaker 5 (33:33):
That's certainly not going to be helpful to Biden.
Speaker 2 (33:37):
Andy, you heard about the left is fired up at
me for my jury tweets and comments that I've made
on this show. Do you think that I will be
arrested for jury tampering? As Eric Swallwell has requested, as
Joy Read and CNN have requested, Well, I.
Speaker 3 (33:58):
Would say, no, Clay, but you know, I'm not in
New York today, and Alvin Bragg is the DA there.
He's got a different idea when you're on this side
of the political aisle than would be the case in
the normal case. In all seriousness, I think that you know,
what you say is not something I would say, but
(34:20):
it's not the crime of jury tampering. It's basically First
Amendment free speech. I'm you know, I like the jury system.
Speaker 1 (34:31):
I'm one of these You still have some faith in
a Andy, which I appreciate. I'm not sure I do
as much, especially seeing what we're seeing for some of
these jurors. But you know, it's the best thing we got.
Speaker 5 (34:41):
I get it.
Speaker 3 (34:42):
Yeah, But you know, one of the things we talked
about just probably a month ago was how ridiculous it
was that the civil fraud trial was just a bench
trial in front of a garron, Right, And I think
the only reason for making that point is because.
Speaker 5 (34:56):
It's more fair to have a jury trial.
Speaker 3 (34:58):
And the implicit in that is that we think that,
you know, twelve sensible people are more likely to come
to a correct result than one movement progressive. So you
know that's I'm still banking on that.
Speaker 2 (35:09):
If there were a mistrial, let's say they couldn't get
a verdict, there's no way they could get a case rescheduled. Right,
This would basically be Bragg falling on his face if
in some way he doesn't get the felony conviction.
Speaker 3 (35:22):
Yeah, I think I think number one would be ridiculous
if he wanted to try it again, because if they
don't get him on this, it's going to because it's
going to be because it's a ridiculous case, which Bragg
knew in the first place, and that's why he shut
it down in twenty twenty two. If they don't get
a conviction, it's going to be because of things like
Michael Cone, which doesn't get better over time. But the
(35:44):
other thing, just to be totally practical, about it is
Trump's dance cards going to be filled up with you know,
classified information proceedings down in the Florida case and all
of the free trial stuff in the Washington.
Speaker 5 (35:58):
Case, the Jason case.
Speaker 3 (36:01):
He's going to start up again once the Supreme Court
rules on immunity, because when they rule on immunity, assuming
they rule against Trump.
Speaker 5 (36:08):
Which I do, then the case is good.
Speaker 3 (36:11):
The jurisdiction off the case is going to go back
to Judge chuck In and she's going to start.
Speaker 5 (36:15):
Having hearings and putting the pedal to the metal.
Speaker 1 (36:17):
Well, the good news. It sounds like Andy, neither Trump
nor Clay are going to the Big House and going
to be cellmates, perhaps having to pick who gets top
bunk anytime soon.
Speaker 5 (36:28):
Let's let's let's pray for that outcome. I agree with that.
Speaker 1 (36:32):
Pray for television hip. That's what. Can I tell you
one thing Andy, when Clay was on, when the heat
was turned up on Clay, you know what he said,
I'd love to have Andy as my defender if I
if I actually play charges, I.
Speaker 2 (36:44):
Would, I would, I would, I would hire You might
make some money off this before all of a sudden.
Speaker 3 (36:47):
Yeah, I might come out of retirement to that case.
Speaker 1 (36:50):
There we go, all right, everybody back to the third
hour coming up
Speaker 3 (37:01):
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