April 20, 2024 • 36 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 (00:04):
Appreciate the Patriot ten ninety am Real Talk.
Speaker 1 (00:08):
In Seattle for hosting me.
Speaker 2 (00:09):
I'm speaking out here at a Hillsdale College event this evening.
Buck is down in Miami. It is truly, I think, Buck,
this is about as far as we could be geographically
in the continental United States.
Speaker 1 (00:23):
I think I'm correct.
Speaker 2 (00:25):
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 regulatar really scheduled.
Speaker 1 (00:34):
It's a brutal flight. I think I've taken that before.
Speaker 2 (00:36):
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 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,
(00:58):
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.
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
(01:18):
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 the flight,
got in here around I think, what two am Pacific,
So I'm going on fumes a little bit five am
(01:39):
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 did this person
actually send it? Is another person? And I was like
(02:00):
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 sports continue to push new boundaries and inspire
(02:22):
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 3 (02:37):
Now.
Speaker 2 (02:38):
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
(03:01):
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.
Speaker 1 (03:26):
Just nobody cares about their profession.
Speaker 4 (03:28):
Clay, this is part of what you see with Democrats
on their mythology around equal pay concerns as well. There
seems to be this belief that there's some evil force
that is stopping people from making what the market will
bear in their case. And so I just would want
(03:50):
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 can make money playing a it's
a kid's game, right, Yeah, I say that with a
(04:10):
I think that's a good thing, right, But 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, 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
(04:32):
to know what is fair. And you point out the
NBA makes it like one hundred times in revenue what
the WNBA 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 a professional, former professional lacrosse player, and
I remember I asked him, I said, oh, okay, I
(04:52):
was like, you know, what, what did you make when you
were playing professional lacrosse? Well, I had to have another job.
He's making fifteen grand a season. Okay, 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 what are the TV rights, what are the
ticket sales, what are the you know, what's the endorsements?
(05:14):
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 (05:25):
It?
Speaker 4 (05:25):
Just it's it makes no sense. It's just an emotion
in place of an argument.
Speaker 2 (05:30):
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 (05:48):
The government, I guess you could say there's the government.
Speaker 4 (05:51):
Uh, there's probably some media publications that have to have
like uh, you know.
Speaker 1 (05:56):
Rich Erorson.
Speaker 2 (05:57):
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.
Speaker 4 (06:17):
But I think 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 2 (06:26):
I think that the 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 4 (06:41):
That's exactly right. It's a charity case. Effectively, it is
an athletic charity case. Or rather as 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 equality of
(07:03):
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.
Speaker 1 (07:16):
In all fields of human endeavor.
Speaker 4 (07:18):
And I mean it's just I can tell you, you know,
a former 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 gonna beat all
of you to that punchline, but at a gym that
I go to here in Miami. I mean, honestly, one
(07:39):
of the most famous models in the world now she's
retired and whatever Clay she made, just like Jisell Bunchin
for example, 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
(08:01):
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 rewarded than male attractiveness in
that realm.
Speaker 1 (08:13):
That's just a fact.
Speaker 2 (08:14):
Which is the movie Zoolander, which is hysterical, absolutely ridiculed,
right in many ways from a satirical you've seen zoo Lander, right, Yeah,
of course.
Speaker 4 (08:22):
Blue steel, I mean blue steel and can only go
left or can only go right?
Speaker 1 (08:26):
It is, yes, of course, But you're right.
Speaker 2 (08:28):
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. How about OnlyFans?
How many straight men are making a lot of money
on OnlyFans right now?
Speaker 1 (08:45):
If I started an OnlyFans account, how posted your photo are?
Speaker 2 (08:50):
If I started an OnlyFans account and just posted photos,
I would have zero subscribers.
Speaker 4 (08:55):
Oh, mag can you imagine, idea some of you can't
get enough cl buck well you can now?
Speaker 2 (09:02):
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 4 (09:20):
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 that I know you are the best.
You know, people really like when Serena was dominated.
Speaker 2 (09:37):
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
(09:58):
are hitt one hundred and thirty min on our serves
like they're you know, like they're sneezing or something. 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
feats of those athletes. Olympics are coming up, buck women's
gymnastics is far more popular than men's gymnastics, isn't.
Speaker 4 (10:21):
It by far the most popular Olympic? Isn't that the
most popular the Summer Olympics?
Speaker 2 (10:25):
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 (10:32):
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 the rest of us.
What the Caitlin Clark should be paid? What and where
(10:52):
should that money come from? Are we supposed to subsidize it?
Here's what they This is the way DEI works, By
the way Clay, what they would say is, yes, the
men should subsidize it. And then 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 action for athletics, but
for the you know, for the sexes.
Speaker 2 (11:13):
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
(11:33):
fired up about this, Buck, This is the identity politics
victim culture that is trying to take over sports.
Speaker 1 (11:42):
You can't even talk about somebody like you.
Speaker 2 (11:45):
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, I don't
I think they way overpaid him. The Huger almost immediate
response is, Oh, that's because you're racist against black quarterbacks.
What everybody criticizes quarterbacks. The essence of sports is to
(12:06):
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 the WNBA. She's only making seventy
(12:26):
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 4 (12:35):
Yeah, and you know, at the peak of her 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 her career. But you know, a lot
(12:57):
of hustle, oh.
Speaker 2 (12:59):
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 entire country.
(13:21):
Over the last couple of years, she's made millions in millions.
Speaker 4 (13:23):
And this also goes to pretty person privilege, which there's
it's male and female, to be clear, but being attractive for.
Speaker 2 (13:29):
People is a big advantage in life. The biggest privilege
in life is being really good looking.
Speaker 4 (13:36):
I think it's the most most omnipresent and and sort
of the most consistent, you know. And it's even true
in the in the news industry. Not in the radio industry.
We'll see it's not true in the radio industry. What
are faces? I'm amazing 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 had.
Speaker 1 (13:57):
Actually for radio. You know what's even worse than his
radio OnlyFans account? Ready now, because I'm gonna.
Speaker 2 (14:03):
I'm gonna be just posing on the couch and like
my underwear and I'm gonna.
Speaker 1 (14:07):
Have a single, single subscribe.
Speaker 2 (14:09):
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.
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 (14:29):
I mean, I'm trying to think of like he's throwing
sports writers.
Speaker 4 (14:34):
I will say I've seen sports writers and some of
them kind of look a little bit like Gollum from Lord.
Speaker 3 (14:40):
Yeah.
Speaker 1 (14:40):
I was trying to think of their right analogy.
Speaker 2 (14:42):
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.
Speaker 1 (14:51):
If you walk into a press box, all.
Speaker 4 (14:53):
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(16:18):
my main man, Clay.
Speaker 5 (16:20):
MSNBC, CNN Swallwell, this was last night on MSNBC Joyreid
talking about this fellow named Clay Travis.
Speaker 1 (16:33):
And his jury tempering scheme. Play it.
Speaker 6 (16:36):
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 Stefanic called it a six to eight week show
(16:57):
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 Trumps 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 4 (17:20):
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.
Speaker 1 (17:31):
Thirty four felonies for a bookkeeping mistake, that's a great idea.
Speaker 2 (17:35):
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 yesterday and I had some
(17:57):
fun with it, basically saying everybody needs to in that jurypool,
convict Trump. That's what he said on his show. American
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dot com. Clay is the name. I just tweeted out
something that's gonna drive everybody crazy. Buck, I said that
(19:06):
there's news out there right now that John tape we
were talking about the w n B A and Caitlin
Clark being underpaid, 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 (19:22):
I don't think but.
Speaker 2 (19:24):
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,
(19:46):
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, uh Andy, did you
see this tweet that that that came out about me?
Speaker 1 (20:01):
Buck?
Speaker 2 (20:01):
Even even me who is used to this is a story,
Even me who was used to people saying all sorts
of crazy things about me, This story I saw and
I just thought to myself, This is really kind of
part and parcel.
Speaker 1 (20:16):
For where we are.
Speaker 2 (20:17):
They're angry at me still over saying that Trump should
not be convicted, and this is pretty uh, this is
pretty wild. The idea that you would decide this is
from a website. The headline is anti gay sportswriter's rage
tweet about sho Did you see this buck about Trump's
(20:39):
hush money trial could cost him his law license?
Speaker 1 (20:43):
And here's the opening paragraph of the article. That's the headline.
Speaker 2 (20:47):
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 OutKick. 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, very
(21:09):
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 4 (21:26):
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
(21:47):
of stalwart gay and lesbian listeners.
Speaker 1 (21:50):
Here's what.
Speaker 4 (21:52):
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,
and not even remote not even remotely the same thing,
but they try to create this. That's why the smashing
together of all the letters yes right occur, LGPDQ I
(22:16):
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 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,
(22:40):
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 must be anti gay as well, and it's like, no,
these are these are completely different things, and that that
is a dishonest slander meant to attack somebody who, to
(23:05):
your point, find anything you or I have ever said
that could be classified as Nakay.
Speaker 2 (23:11):
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 (23:30):
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
(23:51):
who happens to be the de facto Republican nominee. But
nothing much was going to happen, and nothing seemed to happen.
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. But then
(24:14):
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 the judge that he may
have a jury fully selected by Friday. That's entirely possible.
Speaker 4 (24:28):
Any 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
(24:49):
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 system, and in general it's very
very good. But to me it just seems like a
far 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 3 (25:11):
Well, you know, the thing is that you're not. The
idea is not to 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. The
thing to remember about all this is that the people
the movement progressives who vote in elections like the one
(25:36):
where Bragg was elected, that's a vanishingly small number of
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.
I liked trying cases in Manhattan. Now, you know, that
was twenty years ago and we were Federals, so we
(25:59):
would learn from the Bronx in West Yester two. 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 you
can make it discriminating choice about them. There's a lot
of latitude to move to remove people by choice. I
(26:21):
have a bite for cause. Rather, I haven't heard too
much complaining that they wanted people removed from cause the
judge refused to remove, which is part of why it's
going faster. I think. 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,
(26:44):
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, you know, to win here, Brad
needs twelve. And that's a big difference when you have
a case like like Bragg has, which is a kind
of a dog's breakfast of a caste.
Speaker 2 (27:04):
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 1 (27:14):
Yeah, of course, great.
Speaker 4 (27:15):
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.
Speaker 1 (27:22):
This all work? What the process is?
Speaker 4 (27:25):
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dive right. And if we're speaking to Andy McCarthy of
National Review and Fox News twenty plus years Southern District
(29:31):
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 (29:43):
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 to 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, that he gets convicted of one or more
(30:05):
selonies in the indictment, which are all the charges of
felonies in the indictment. He would have a maximum sentences.
I understand the way New York groups statutory a counts
of four years and sentencing is normally about three months
after a conviction. This is a nonviolent crime. He's a
(30:30):
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 lot of pressure from the left,
(30:52):
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
(31:13):
you know, any sentence imposed can be frozen until the
appeal's done.
Speaker 1 (31:18):
And the appeal would take well after the election.
Speaker 3 (31:21):
Oh yeah, be into next year for sure.
Speaker 2 (31:24):
And honestly, Andy, this is a crazy question, 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
(31:46):
conviction that occurred prior to his election.
Speaker 3 (31:50):
As you say, Clay, the most important thing is that
this has never happened before, So you know, we're kind
of spitballing 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,
(32:12):
in other words, 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.
Speaker 4 (32:33):
Of things, but I don't I know, we've got 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've
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
(32:54):
found guilty?
Speaker 3 (32:56):
You know, they could try. I think his lawyers couldn't
tie that up for a while. 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
(33:18):
scandalous if you put Trump in jail when Bragg is
taking serious, serious crimes and turning it into turning them
into misdemeanors or not charging them at all. That's certainly
not going to be helpful to Biden.
Speaker 2 (33:34):
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.
Speaker 3 (33:54):
Well, I 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
(34:14):
would say, but it's not the crime of jury tampering.
It's basically First Amendment free speech. I'm you know, I
like the jury system. I'm one of.
Speaker 4 (34:28):
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.
Speaker 1 (34:35):
But you know, it's the best thing we got. I
get it.
Speaker 3 (34:38):
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 angeron right. And I think the only
reason for making that point is because it's more fair
to have a jury trial. And the implicit in that
is that we think that, you know, twelve sensible people
(34:59):
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 (35:06):
If there were a mistrial, let's say they couldn't get
a verdict, there's no way they could get a case rescheduled.
Speaker 3 (35:13):
Right.
Speaker 2 (35:13):
This would basically be Bragg falling on his face if
in some way he doesn't get the felony conviction.
Speaker 3 (35:19):
Yeah, I think I think number one, Wou'd 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
(35:41):
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 case. The
j sixth case is going to start up again once
the Supreme Court rules on immunity. Because when they rule
(36:02):
on immunity, assuming they rule against Trump, which I do,
then the case is good. The jurisdiction off of the
case is going to go back to Judge chuck In
and she's going to start having hearings and putting the
pedal to the metal.
Speaker 1 (36:13):
Well, the good news.
Speaker 4 (36:14):
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 3 (36:24):
Let's let's let's pray for that outcome. I agree with that.
Speaker 1 (36:28):
Pray for television hip. That's what.
Speaker 4 (36:31):
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.
Speaker 2 (36:40):
I would, I would, I would, I would hire. You
might make some money off this before all of a sudden, Yah.
Speaker 3 (36:44):
I might come out of retirement for that case.
Speaker 1 (36:46):
There we go, all right, everybody,
Welcome to today's edition of the Clay Travis and Buck
Sexton Show podcast.
Speaker 2 (00:04):
Appreciate the Patriot ten ninety am Real Talk.
Speaker 1 (00:08):
In Seattle for hosting me.
Speaker 2 (00:09):
I'm speaking out here at a Hillsdale College event this evening.
Buck is down in Miami. It is truly, I think, Buck,
this is about as far as we could be geographically
in the continental United States.
Speaker 1 (00:23):
I think I'm correct.
Speaker 2 (00:25):
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 regulatar really scheduled.
Speaker 1 (00:34):
It's a brutal flight. I think I've taken that before.
Speaker 2 (00:36):
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 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,
(00:58):
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.
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
(01:18):
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 the flight,
got in here around I think, what two am Pacific,
So I'm going on fumes a little bit five am
(01:39):
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 did this person
actually send it? Is another person? And I was like
(02:00):
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 sports continue to push new boundaries and inspire
(02:22):
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 3 (02:37):
Now.
Speaker 2 (02:38):
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
(03:01):
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.
Speaker 1 (03:26):
Just nobody cares about their profession.
Speaker 4 (03:28):
Clay, this is part of what you see with Democrats
on their mythology around equal pay concerns as well. There
seems to be this belief that there's some evil force
that is stopping people from making what the market will
bear in their case. And so I just would want
(03:50):
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 can make money playing a it's
a kid's game, right, Yeah, I say that with a
(04:10):
I think that's a good thing, right, But 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, 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
(04:32):
to know what is fair. And you point out the
NBA makes it like one hundred times in revenue what
the WNBA 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 a professional, former professional lacrosse player, and
I remember I asked him, I said, oh, okay, I
(04:52):
was like, you know, what, what did you make when you
were playing professional lacrosse? Well, I had to have another job.
He's making fifteen grand a season. Okay, 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 what are the TV rights, what are the
ticket sales, what are the you know, what's the endorsements?
(05:14):
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 (05:25):
It?
Speaker 4 (05:25):
Just it's it makes no sense. It's just an emotion
in place of an argument.
Speaker 2 (05:30):
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 (05:48):
The government, I guess you could say there's the government.
Speaker 4 (05:51):
Uh, there's probably some media publications that have to have
like uh, you know.
Speaker 1 (05:56):
Rich Erorson.
Speaker 2 (05:57):
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.
Speaker 4 (06:17):
But I think 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 2 (06:26):
I think that the 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 4 (06:41):
That's exactly right. It's a charity case. Effectively, it is
an athletic charity case. Or rather as 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 equality of
(07:03):
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.
Speaker 1 (07:16):
In all fields of human endeavor.
Speaker 4 (07:18):
And I mean it's just I can tell you, you know,
a former 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 gonna beat all
of you to that punchline, but at a gym that
I go to here in Miami. I mean, honestly, one
(07:39):
of the most famous models in the world now she's
retired and whatever Clay she made, just like Jisell Bunchin
for example, 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
(08:01):
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 rewarded than male attractiveness in
that realm.
Speaker 1 (08:13):
That's just a fact.
Speaker 2 (08:14):
Which is the movie Zoolander, which is hysterical, absolutely ridiculed,
right in many ways from a satirical you've seen zoo Lander, right, Yeah,
of course.
Speaker 4 (08:22):
Blue steel, I mean blue steel and can only go
left or can only go right?
Speaker 1 (08:26):
It is, yes, of course, But you're right.
Speaker 2 (08:28):
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. How about OnlyFans?
How many straight men are making a lot of money
on OnlyFans right now?
Speaker 1 (08:45):
If I started an OnlyFans account, how posted your photo are?
Speaker 2 (08:50):
If I started an OnlyFans account and just posted photos,
I would have zero subscribers.
Speaker 4 (08:55):
Oh, mag can you imagine, idea some of you can't
get enough cl buck well you can now?
Speaker 2 (09:02):
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 4 (09:20):
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 that I know you are the best.
You know, people really like when Serena was dominated.
Speaker 2 (09:37):
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
(09:58):
are hitt one hundred and thirty min on our serves
like they're you know, like they're sneezing or something. 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
feats of those athletes. Olympics are coming up, buck women's
gymnastics is far more popular than men's gymnastics, isn't.
Speaker 4 (10:21):
It by far the most popular Olympic? Isn't that the
most popular the Summer Olympics?
Speaker 2 (10:25):
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 (10:32):
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 the rest of us.
What the Caitlin Clark should be paid? What and where
(10:52):
should that money come from? Are we supposed to subsidize it?
Here's what they This is the way DEI works, By
the way Clay, what they would say is, yes, the
men should subsidize it. And then 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 action for athletics, but
for the you know, for the sexes.
Speaker 2 (11:13):
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
(11:33):
fired up about this, Buck, This is the identity politics
victim culture that is trying to take over sports.
Speaker 1 (11:42):
You can't even talk about somebody like you.
Speaker 2 (11:45):
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, I don't
I think they way overpaid him. The Huger almost immediate
response is, Oh, that's because you're racist against black quarterbacks.
What everybody criticizes quarterbacks. The essence of sports is to
(12:06):
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 the WNBA. She's only making seventy
(12:26):
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 4 (12:35):
Yeah, and you know, at the peak of her 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 her career. But you know, a lot
(12:57):
of hustle, oh.
Speaker 2 (12:59):
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 entire country.
(13:21):
Over the last couple of years, she's made millions in millions.
Speaker 4 (13:23):
And this also goes to pretty person privilege, which there's
it's male and female, to be clear, but being attractive for.
Speaker 2 (13:29):
People is a big advantage in life. The biggest privilege
in life is being really good looking.
Speaker 4 (13:36):
I think it's the most most omnipresent and and sort
of the most consistent, you know. And it's even true
in the in the news industry. Not in the radio industry.
We'll see it's not true in the radio industry. What
are faces? I'm amazing 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 had.
Speaker 1 (13:57):
Actually for radio. You know what's even worse than his
radio OnlyFans account? Ready now, because I'm gonna.
Speaker 2 (14:03):
I'm gonna be just posing on the couch and like
my underwear and I'm gonna.
Speaker 1 (14:07):
Have a single, single subscribe.
Speaker 2 (14:09):
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.
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 (14:29):
I mean, I'm trying to think of like he's throwing
sports writers.
Speaker 4 (14:34):
I will say I've seen sports writers and some of
them kind of look a little bit like Gollum from Lord.
Speaker 3 (14:40):
Yeah.
Speaker 1 (14:40):
I was trying to think of their right analogy.
Speaker 2 (14:42):
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.
Speaker 1 (14:51):
If you walk into a press box, all.
Speaker 4 (14:53):
Right, I'm gonna get I'm gonna stop Clay before he
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(16:18):
my main man, Clay.
Speaker 5 (16:20):
MSNBC, CNN Swallwell, this was last night on MSNBC Joyreid
talking about this fellow named Clay Travis.
Speaker 1 (16:33):
And his jury tempering scheme. Play it.
Speaker 6 (16:36):
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 Stefanic called it a six to eight week show
(16:57):
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 Trumps 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 4 (17:20):
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.
Speaker 1 (17:31):
Thirty four felonies for a bookkeeping mistake, that's a great idea.
Speaker 2 (17:35):
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 yesterday and I had some
(17:57):
fun with it, basically saying everybody needs to in that jurypool,
convict Trump. That's what he said on his show. American
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dot com. My name Clay as the promo code. Get
hooked up today with all the energy you need Chalk
dot com. Clay is the name. I just tweeted out
something that's gonna drive everybody crazy. Buck, I said that
(19:06):
there's news out there right now that John tape we
were talking about the w n B A and Caitlin
Clark being underpaid, 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 (19:22):
I don't think but.
Speaker 2 (19:24):
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,
(19:46):
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, uh Andy, did you
see this tweet that that that came out about me?
Speaker 1 (20:01):
Buck?
Speaker 2 (20:01):
Even even me who is used to this is a story,
Even me who was used to people saying all sorts
of crazy things about me, This story I saw and
I just thought to myself, This is really kind of
part and parcel.
Speaker 1 (20:16):
For where we are.
Speaker 2 (20:17):
They're angry at me still over saying that Trump should
not be convicted, and this is pretty uh, this is
pretty wild. The idea that you would decide this is
from a website. The headline is anti gay sportswriter's rage
tweet about sho Did you see this buck about Trump's
(20:39):
hush money trial could cost him his law license?
Speaker 1 (20:43):
And here's the opening paragraph of the article. That's the headline.
Speaker 2 (20:47):
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 OutKick. 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, very
(21:09):
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 4 (21:26):
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
(21:47):
of stalwart gay and lesbian listeners.
Speaker 1 (21:50):
Here's what.
Speaker 4 (21:52):
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,
and not even remote not even remotely the same thing,
but they try to create this. That's why the smashing
together of all the letters yes right occur, LGPDQ I
(22:16):
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 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,
(22:40):
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 must be anti gay as well, and it's like, no,
these are these are completely different things, and that that
is a dishonest slander meant to attack somebody who, to
(23:05):
your point, find anything you or I have ever said
that could be classified as Nakay.
Speaker 2 (23:11):
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 (23:30):
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
(23:51):
who happens to be the de facto Republican nominee. But
nothing much was going to happen, and nothing seemed to happen.
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. But then
(24:14):
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 the judge that he may
have a jury fully selected by Friday. That's entirely possible.
Speaker 4 (24:28):
Any 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
(24:49):
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 system, and in general it's very
very good. But to me it just seems like a
far 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 3 (25:11):
Well, you know, the thing is that you're not. The
idea is not to 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. The
thing to remember about all this is that the people
the movement progressives who vote in elections like the one
(25:36):
where Bragg was elected, that's a vanishingly small number of
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.
I liked trying cases in Manhattan. Now, you know, that
was twenty years ago and we were Federals, so we
(25:59):
would learn from the Bronx in West Yester two. 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 you
can make it discriminating choice about them. There's a lot
of latitude to move to remove people by choice. I
(26:21):
have a bite for cause. Rather, I haven't heard too
much complaining that they wanted people removed from cause the
judge refused to remove, which is part of why it's
going faster. I think. 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,
(26:44):
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, you know, to win here, Brad
needs twelve. And that's a big difference when you have
a case like like Bragg has, which is a kind
of a dog's breakfast of a caste.
Speaker 2 (27:04):
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 1 (27:14):
Yeah, of course, great.
Speaker 4 (27:15):
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.
Speaker 1 (27:22):
This all work? What the process is?
Speaker 4 (27:25):
But first up, I want to remind everybody about the
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Every day.
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Preborn celebrates two hundred miracles in the same way. An
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(29:09):
or visit preborn dot com slash buck that's preborn dot
com slash bucek sponsored by Preborn. All right, Andy, let's
dive right. And if we're speaking to Andy McCarthy of
National Review and Fox News twenty plus years Southern District
(29:31):
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 (29:43):
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 to 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, that he gets convicted of one or more
(30:05):
selonies in the indictment, which are all the charges of
felonies in the indictment. He would have a maximum sentences.
I understand the way New York groups statutory a counts
of four years and sentencing is normally about three months
after a conviction. This is a nonviolent crime. He's a
(30:30):
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 lot of pressure from the left,
(30:52):
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
(31:13):
you know, any sentence imposed can be frozen until the
appeal's done.
Speaker 1 (31:18):
And the appeal would take well after the election.
Speaker 3 (31:21):
Oh yeah, be into next year for sure.
Speaker 2 (31:24):
And honestly, Andy, this is a crazy question, 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
(31:46):
conviction that occurred prior to his election.
Speaker 3 (31:50):
As you say, Clay, the most important thing is that
this has never happened before, So you know, we're kind
of spitballing 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,
(32:12):
in other words, 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.
Speaker 4 (32:33):
Of things, but I don't I know, we've got 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've
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
(32:54):
found guilty?
Speaker 3 (32:56):
You know, they could try. I think his lawyers couldn't
tie that up for a while. 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
(33:18):
scandalous if you put Trump in jail when Bragg is
taking serious, serious crimes and turning it into turning them
into misdemeanors or not charging them at all. That's certainly
not going to be helpful to Biden.
Speaker 2 (33:34):
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.
Speaker 3 (33:54):
Well, I 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
(34:14):
would say, but it's not the crime of jury tampering.
It's basically First Amendment free speech. I'm you know, I
like the jury system. I'm one of.
Speaker 4 (34:28):
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.
Speaker 1 (34:35):
But you know, it's the best thing we got. I
get it.
Speaker 3 (34:38):
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 angeron right. And I think the only
reason for making that point is because it's more fair
to have a jury trial. And the implicit in that
is that we think that, you know, twelve sensible people
(34:59):
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 (35:06):
If there were a mistrial, let's say they couldn't get
a verdict, there's no way they could get a case rescheduled.
Speaker 3 (35:13):
Right.
Speaker 2 (35:13):
This would basically be Bragg falling on his face if
in some way he doesn't get the felony conviction.
Speaker 3 (35:19):
Yeah, I think I think number one, Wou'd 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
(35:41):
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 case. The
j sixth case is going to start up again once
the Supreme Court rules on immunity. Because when they rule
(36:02):
on immunity, assuming they rule against Trump, which I do,
then the case is good. The jurisdiction off of the
case is going to go back to Judge chuck In
and she's going to start having hearings and putting the
pedal to the metal.
Speaker 1 (36:13):
Well, the good news.
Speaker 4 (36:14):
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 3 (36:24):
Let's let's let's pray for that outcome. I agree with that.
Speaker 1 (36:28):
Pray for television hip. That's what.
Speaker 4 (36:31):
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.
Speaker 2 (36:40):
I would, I would, I would, I would hire. You
might make some money off this before all of a sudden, Yah.
Speaker 3 (36:44):
I might come out of retirement for that case.
Speaker 1 (36:46):
There we go, all right, everybody,
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