several viable strategies that could blowholes in smith s case. he s gotten holes blown in his cases before, by the way, including potential prosecutorial misconduct by a senior doj official. former trump attorney joins us here. tim, thanks for being here. where s the weakness in the case that everyone says is such a strong indictment? well, the indictment is just an anything else. and, you know, in my career, i ve seen meant of these types of allegations. obviously it s written in the most damning way possible, using the most damning evidence, while ignoring anything that would be exculpatory. you have to taken it with a grain of salt. in this case there are a lot of legal hurdles to get over. before you get to the issue of
of a scheme, and ultimately the supreme court ruled it was ridiculous. they overruled and overturned the conviction unanimously in 2016. smith, by the way, also prosecuted former north carolina democratic senator and former vp candidate john edwards in 2011 on federal campaign finance laws, but in 2012 a jury found him not guilty on one count and they they deadlocked on the other five, resulting in a mistrial. oh, yeah, he also prosecuted bob menendez in 2015 in a pay-for-play scheme involving his office, but the trial ended in a hung jury. the doj again declined to retry to case. u.s. attorney merrick garland appointed smith to lead a pair of investigations surrounding the former president of the united states. one, his handling of classified documents found at mar-a-lago. we ve been talking about that. he s also responsible for another investigation, whether
that s his body man, his aide, a navy vet. it s a common restriction of a criminal case, but it s not practical, is it? how do you enforce that? they re with each other 20 hours a day, i understand. that s the thing. a lot of people he s not allegedly supposed to speak to are people within his inner circle. tonight we can expect a similar message to what we saw at the gop conventionses in georgia and north carolina, where the former president will tell the american people he s being politically persecuted, and wouldn t be happening if he wasn t the 2024 gop frontrunner. brian: appreciate it. thank you. he ll be speaking in a half hour, maybe earlier. we learned that a burisma executive has audio recordings of joe and hunter biden, if we re to believe it. when will the house republicans get to the bottom of this? will we ever hear these tapes? who s got them and who s on
discussions with the secretary of state about conflict in bosnia and much, much more. very big stuff. not only was bill clinton never even considered for criminal prosecution based on the tapes he took, but when he was sued for them he won the case. judge amy burrman jackson s decision states under the statutory scheme established by the presidential records act, the decision to segregate personal materials from presidential records is made by the president during the president s term and in the president s sole discretion. you re surprised to hear that, aren t you? even any normal administration, even an opposing one, would consider that to be the end, but not the corrupt biden
before. charging a former president of the united states under the espionage act of 1917. wasn t meant for this. an act for a crime so heinous that only the death penalty would do, and threatening me with 400 years in prison for possessing my own presidential papers, which just about every other president has done, is one of the most outrageous and vicious legal theories ever put forward in an american court of law. the espionage act has been used to go after traitors and spies. it has nothing to do with a former president legally keeping his own documents. as president, the law that applies to this case is not the espionage act, but very simply the presidential records act