HIM NOT TRYING TO HELP TRUMP
POLITICALLY BUT PERHAPS HELPING THE PLAYBOY MODEL WITH THE
RESET IN HER CAREER. WHAT HAVE YOU MADE OF THE
TESTIMONY THUS FAR AND WHETHER THINGS WILL GET EASIER OR MORE
DIFFICULT FOR TRUMP AND HIS DEFENSE TEAM? TY:
THIS WILL BE VERY DIFFICULT FOR TRUMP AND HIS DEFENSE TEAM.
NICE TO BE WITH YOU. THIS IS VERY DIFFICULT FOR THEM
BECAUSE THERE'S REALLY NOT MUCH THEY CAN DISPUTE IN TERMS OF
ACTUAL EVENTS, AND FRANKLY ONE OF THE THINGS TRUMP DOES
DISPUTE GREATLY HANDICAPS HIS LAWYERS I THINK IN TERMS OF
THEIR ABILITY TO CROSS A FAMINE -- CROSS-EXAMINE THE
PROSECUTION WITNESS AND TO LOOK CREDIBLE IN FRONT OF THE JURY.
TRUMP INSISTS THEY TRY THIS CASE WITH ONE ARM BEHIND THEIR
BACK, SUPPORTING HIS LIE THAT HE DIDN'T HAVE THESE SEXUAL
RELATIONSHIPS. NO ONE THE WORLD BELIEVES THAT
AND IT WOULD BE MUCH EASIER TO CROSS-EXAMINE KAREN MCDOUGAL
AND STORMY DANIELS IF YOU COULD SAY THAT'S NOT REALLY WHAT
HAPPENED, IS IT? HE DOESN'T HAVE THAT OPTION.
HE'S IN TOTAL DENIAL. JUST THE WAY HE THOUGHT HE WON
THE SUPREME COURT ARGUMENT YESTERDAY AND THERE WASN'T A
SINGLE JUDGE WHO IS GOING TO ACCEPT ABSOLUTE IMMUNITY OR THE
IMPEACHMENT JUDGMENT CLAUSE. HE MAKES STUFF UP AND IT IS HIS
TROOP. BUT IT'S A PROBLEM FOR THEM
LITIGATING THIS. JOE: REMARKABLE STORIES FROM DAVID
PECKER ON THE STAND, HE DESCRIBED A SERIES OF MEETINGS
HE WAS BROUGHT INTO, INCLUDING ONE AT THE WHITE HOUSE THAT
PRESIDENT TRUMP INVITED HIM TO IN 2017 A MEETING THAT INCLUDED
THE FBI DIRECTOR, THAT INCLUDED THE SECRETARY OF STATE, THE
CHIEF OF STAFF, AND OTHER HIGH-RANKING OFFICIALS.
YOU WERE SPECIAL COUNSEL TO THE PRESIDENT, CAN YOU SPEAK TO
THIS ELEMENT OF THE TRUMP WHITE HOUSE?
WERE YOU EVER IN A MEETING WITH PECKER? TY: NO I WAS NOT. I WAS IN MEETINGS, NOT MANY,
BUT A FEW MEETINGS WHERE I WAS SCRATCHING MY HEAD GOING WHY IS
THAT PERSON HERE? JOE: YEAH. TY: TRUMP HAD ALL OF THESE
COMPARTMENTALIZED ASPECTS OF HIS LIFE, BEDMINSTER, OR LAGO,
TRUMP TOWER. HE HAD A LOT OF VISITORS AND
SOME OF THEM SHOWED UP AT UNUSUAL PLACES. KAILEY:
CERTAINLY THERE WERE THOSE WHO MIGHT BE LESS SURPRISING BEING
IN A MEETING LIKE THOSE WHO ACTUALLY WORKED FOR THE WHITE
HOUSE. THERE WAS TESTIMONY INVOLVING
SARAH HUCKABEE SANDERS AND HOPE HICKS.
WE WERE SPEAKING TO THE PALM BEACH ESTATE ATTORNEY EARLIER
TODAY, TALKING ABOUT THE WITNESSES THEY COULD STILL HEAR
FROM, SAYING IT WILL BE HOPE HICKS.
I WONDER WHAT YOU THINK ABOUT THE KIND OF TESTIMONY WE COULD
SEE FROM HER. TY: WELL, I THINK YOU SEE PEOPLE
SPECULATING SHE WILL DO A MEA CULPA, ABOUT THIS MEETING SHE
WAS WEEKLY IN, OR AT LEAST TO TALK INDIVIDUALLY ABOUT COHEN.
I FRANKLY DON'T THINK SHE WILL BE A CONSEQUENTIAL WITNESS
COULD LAST NIGHT, PEOPLE ARE GOING OH MY GOSH, SHE KNOWS
WHERE THE BODIES ARE BURIED, THIS WILL BE GANGBUSTERS, IT
WILL BE HUGE. THEY INTRODUCED SIX EMAILS AND
HAD HER TALK ABOUT HER FAMILIARITY WITH STORMY DANIELS
AND KAREN MCDOUGAL AND SHE WAS ON AND OFF IN NO TIME. JOE:
PRETTY REMARKABLE. WHAT YOU WE BE LOOKING FOR NEXT
WEEK WHEN IT COMES TIME TO ISSUE A RULING ON THE GAG ORDER?
WE THOUGHT WE MIGHT GET THIS TODAY, MAYBE YESTERDAY, BUT
THERE ARE FIVE MORE NOW ALLEGED VIOLATIONS ACCORDING TO THE
PROSECUTION. AT SOME POINT THE JUDGE IS
GOING TO HAVE TO DO SOMETHING AND I KNOW WE ARE NOT PUTTING
DONALD TRUMP IN JAIL. WHAT COULD BE THE PENALTY? TY:
IT'S A STATUTORY PENALTY IN NEW YORK FOR THESE EVENTS.
$1000 PER VIOLATION. IN TERMS OF SECONDARY -- OR IF
THERE ARE FUTURE VIOLATIONS, THE JUDGE HAS DISCRETION TO DO
MORE. IT'S VERY SURPRISING, FRANKLY,
THAT THIS JUDGE HAS NOT ALREADY PENALIZED TRUMP $2000 OR $3000
FOR A COUPLE OF VIOLATIONS BECAUSE THEY ARE EGREGIOUS.
IT WOULD PRESENT AN OPPORTUNITY TO EXPLAIN TO HIM WHAT THE
CONSEQUENCES OF FUTURE VIOLATIONS OF THAT TYPE WOULD
BE. I THINK EVERY DELAY HE
INTERPOSES IN TERMS OF MAKING A DECISION IS AN ADVANTAGE TO
TRUMP AND THOSE DELAYS WOULD NOT BE AFFORDED MOST LITIGANTS.
KAILEY: SPEAKING OF DELAYS WE WOULD
LIKE TO ASK ABOUT ANOTHER CASE, ONE HERE IN WASHINGTON AND THE
SUPREME COURT WAS DEALING WITH YESTERDAY OR AT LEAST
TANGENTIALLY, THE QUESTION AROUND PRESIDENTIAL IMMUNITY
FROM PROSECUTION IN THE CASE WROUGHT BY JACK SMITH IN
WASHINGTON. THE COURT SEEMED SKEPTICAL
ABOUT THIS BROAD IDEA OF COMMUNITY BUT EVEN CHIEF
JUSTICE ROBERTS WAS TEASING THE IDEA OF PERHAPS SENDING THIS
BACK DOWN TO A LOWER COURT TO TEASE OUT WHAT IS AND ISN'T AN
OFFICIAL ACT. HOW DELAYED ARE WE TALKING THIS
TRIAL IN WASHINGTON COULD BE? TY:
IF I CAN GO TO 30,000 FEET FOR A SECOND, THE REAL DELETE --
REAL DELAY WAS A GENERALLY SIX COMMITTEE, THEY DID NOT SHARE
TRANSCRIPTS OR INTERVIEWS WITH THE JUSTICE DEPARTMENT FOR
SOMETHING LIKE EIGHT MONTHS. THEY HAD PLENTY OF TIME TO MAKE
THEIR RULING, GIVE THEIR FINDINGS, MAKE RECOMMENDATIONS,
BUT THEY HAD TO SIT ON IT BECAUSE THE SPEAKER AT THE TIME
WAS ADAMANT THEY NOT ISSUE ANYTHING UNTIL SURELY BEFORE
THE MIDTERMS. BUT FOR THAT DELAY WE WOULD BE IN TRIAL. THIS HAS GONE FROM ITS FIRST
BREATH TO TODAY IN FOUR MONTHS, THAT IS LIGHTSPEED IN THE LEGAL
SYSTEM, PARTICULARLY THE SUPREME COURT.
I THINK WHAT HAPPENED YESTERDAY, YOU SAW SOME
FRUSTRATION FROM CHIEF JUSTICE ROBERTS ABOUT THE FACT THAT THE
D.C. CIRCUIT, WHILE IT ISSUED A RULING, MADE IT VERY CLEAR THAT
UNDER THE EXISTING FACTS AND EXISTING INDICTMENTS, THERE WAS
NO IMMUNITY. THE SUPREME COURT CLEARLY DID
NOT THINK THAT WAS ENOUGH. NOT JUST ROBERTS, OBVIOUSLY
THAT'S WHY THEY GRANTED ASSERT. THEY THINK THEY HAVE TO CRAFT
SOME GUIDANCE FOR THE LOWER COURTS IN TERMS OF HOW TO APPLY
THIS IN CONNECTION WITH THIS TRIAL.
BUT I THINK AS PEOPLE POINTED OUT YESTERDAY, ALMOST ALL THE
JUDGES WHEN THEY TRIED TO BE SPECIFIC ABOUT THIS CASE MADE
IT VERY CLEAR THEY WEREN'T SO MUCH INTERESTED. PARTICULARLY AFTER PRESIDENT
TOM'S LAWYER GAVE AWAY THE FARM ACKNOWLEDGING VIRTUALLY ALL THE
CONDUCT ALLEGED IN THE INDICTMENT WAS PRIVATE ACTS.
THEY ARE NOT OUT TO HELP TRUMP, NOT A SINGLE THING IN THE
OPINION WILL BE HELPFUL TO TRUMP.
THE ONLY THING THAT'S HEALTHY TO TRUMP IS THE DELAY AND
FRANKLY I THINK IT'S HYPERBOLIC THE WAY PEOPLE APPROACH THAT
BECAUSE IT IS MOVING VERY QUICKLY FOR A MATTER OF THIS
CONSEQUENCE, THIS IS THE MOST IMPORTANT SEPARATIONS OF POWERS
CASE IN THE HISTORY OF OUR COUNTRY, SINCE MARBURY VERSUS
MADISON. IT'S HARD TO GET THAT RIGHT
WITHOUT GOING THROUGH SOME ANALYSIS. IT'S UNFORTUNATE THAT, AT LEAST
IN MY VIEW, IT WILL PREVENT A TRIAL BEFORE THE ELECTION, BUT
IS NOT SURPRISING GIVEN THE STAKES. JOE:
THAT WOULD HAVE BEEN MY NEXT QUESTION, IF IT GOES BACK TO
THE APPEALS COURT, IS IT CURTAINS OR COULD JACKSON OF
STILL FIND TIME TO DO THIS EVEN IF IT WAS A PRESIDENT-ELECT
TRUMP? TY: JACK SMITH CAN FIND THE TIME,
HE COULD TRY THIS TOMORROW NIGHT IN AN ALLEY. [LAUGHTER]
JOE: HE WOULD GET THE TIME. TY:
WHETHER THE JUDGE CAN GIVE HIM THE TIME IN GOOD CONSCIENCE
WILL BE THE DIFFICULT THING. I DON'T THINK WE WILL HAVE A
BUNCH OF SENDING IT BACK DOWN AND HAVING IT COME BACK UP.
I THINK IT'S LIKELY THIS WILL BE REMANDED AT SOME POINT TO
HER TO PARSE THE ISSUE OF SEPARATING OFFICIAL EX FROM
PURELY PRIVATE CONDUCT. AS I SAID, THE PRESIDENT'S
LAWYER DID A GOOD JOB OF THAT UNDER THE WITHERING EXAMINATION
BY AMY CONEY BARRETT, A CONSERVATIVE.
IT'S NOT REALLY A HEAVY LEFT BUT SHE WILL BE APPLYING A NEW
RULE THAT THE SUPREME COURT WILL PROVIDE HER AND PROVIDE TO
THE COUNTRY FOR THE CONSTITUTIONAL ANALYSIS
REQUIRED SHOULD THESE CIRCUMSTANCES EVER OCCUR AGAIN.
JOE:
