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Today and i want to ask you about what has been described as a pretty heated moment between you and judge carl nichols after there he ordered bannon to report to prison next month. you objected. obviously, you are as council and the new york times is reporting that judge nicholls responded in a way that let him, you know, he wasn t too thrilled with the response saying one thing i need you to learn as a lawyer is that when a judge has decided you do not get up and yell at them. look, i know you re an advocate for your client explain your reaction. were you surprised by his decision to order him to go to jail shocked by it. it goes against everything that he has said in this case. judge nicholas found substantial questions for the appeal, said twice at ben and should not be serving his time while the appeals process runs. the appeal process has not run. there s nothing about the panel decision that change that. judge nicholls said that the definition of willfully used in this case c ....
In prison, i believe as of july 1st, he s just about out of options here. now, the reason he s been now he got sentenced to four months. he was given what s called bail pending appeal. and by the way stash that term away because donald trump will be be asking for sale pending appeal after he sentenced in july. and that means what it sounds like. you get to stay out a prison until you re appeals over, but to get that you have to show that you have a substantial likelihood, potentially of winning your appeal. will bannon s losses appeal now, so he s down to the hail mary s. he can ask the entire dc circuit to rehear the case. they almost never do that. i don t think they re gonna do it here. he can go to the supreme court. i don t think they re taking it. and then he s got to surrender. he already had a bit of a period where peter navarro has been imprisoned for some time now the way through steve bannon has not. so i think that was also part of what factored in today. but what was als ....
Of yours, but i have to correct something you said in a monologue former president trump absolutely did invoke executive privilege. nobody disputes that. not only that, he wrote a letter before the trial started. can reaffirming it in case anyone has a question about it. and that s all in the record. that s different from the navarro case. and judge nicholls even said today, well, the court of appeals opinion could have mentioned that, but they didn t and so on. but of appeals opinion is an abomination. they misstate the facts they omit the facts. they leave out the primary argument, the primary argument here is that in the 60 years since is like a vole case, which says willfully solely in the context of this statute, means did you get a subpoena and comply or not comply with no reason matters. 60 here s since then, the court has the definition of willfully has evolved. so in 2019, the court said literally, when congress wants to say an act is criminal, and they say willfully, you must ....
Was what nicholls had found earlier. let me unpack hello. this and certainly i m not above clarification if you think it s necessary to do so, but let me talk for the audience s perspective on the case. you just described. i m just going to in plain speak this comes down to notion of advice of counsel and whether that was a willful action by steve bannon to not comply with the subpoena if it was advice of counsel, i think he wanted to argue that list send it wasn t a deliberate act. it was advice of counsel. he was following and that s why didn t provide the information or respond. they d court though did fine, although they did wait some time that they were their hands were tied on the idea of it had to be a deliberate, intentional act and that was enough to go forward in this case. and so here you are. getting ready to appeal this matter. likely. i m assuming all way up the supreme court, if necessary, peter navarro though, did try to appeal to the supreme court what would make thi ....
My real question going forward is when i go to my diners, will they not just offer me either pepsi or coke maybe they might offer me some dr. pepper oh, my god, i realized that tiktok is also apparently playing some part in this dr. pepper rise. what s going on there? let me just tell you the videos that are on there. absolutely bonkers and the engagement that dr. pepper is seeing versus the two other brands. take a look here. likes on tiktok, eight 8.3 3 million for dr. pepper. that is number one beating pepsi and coke and they ve been doing all these crazy videos. they ve even combined pickles with dr. pepper. now, yes, i have i have it right here. i have it in the during i m going to take one for you. i m going to be appointed nicholls in that now. now got hold on. let me wipe that down with some of this, please. sorry. i ve heard of putting a peanut in there, but ....