Judging Freedom - Pres Trump - Free to Use Any Phone He Wanted While in Office

Episode Date: March 30, 2022

Jan 6th Committee - Pres Trump - Free to Use Any Phone He Wanted While in OfficeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Select Committee, emphasis on the word select, of the House of Representatives announced that it has pieced together President Trump's schedule and communication for January 6th, but it has about a seven and a half hour gap where they don't know where he was or what he was doing or with whom he was communicating. The reason I say select committee is this is not a standing committee. This is a committee appointed by the Speaker of the House, meaning if she is the Speaker of the House a year from now, the committee will still be in existence. If the Republicans control the House, it's almost inconceivable that Kevin McCarthy would keep the committee in existence. For that reason, you'll see a bit of a rush to judgment, an effort to complete the

committee's work before Election Day, which is now just six months away, in an effort to get whatever they have found that they think is criminal over to the Department of Justice in what is known as a criminal referral. A criminal referral means that a committee of either the House or the Senate has discovered evidence of crime. The Constitution, thanks be to God, prohibits the Congress from indicting or prosecuting people. So if they have evidence of crime against anyone, whether it's Donald Trump or a janitor in the basement of the Russian embassy, they can refer it to the DOJ and ask the DOJ to investigate and decide whether or not they want to prosecute. In this case, there is an allegation. I don't know who made the allegation, but it's out there.

The President Trump was using burner phones, basically disposable cell phones. You can't recharge them, and you destroy them at the end of your use of them. Some of them last an hour, some last two hours, some last a little longer. When former President Trump heard this allegation, he said he didn't know what burner phones were, whereupon his former and now estranged national security advisor, full disclosure, my former colleague at Fox News and former ambassador to the UN, John Bolton, said the president knows what burner phones are because he's discussed them in the past. Question, even if President

Trump used burner phones, did he commit a crime? No, of course not. The president can communicate using any phone he wants, whether it's a traditional mobile phone like this, or whether it's a landline, or whether it's some secret secure device that the Secret Service would give him, or whether it's a burner phone. If it is a burner phone, there'll be political implications to that. Those who want his political scalp will say, aha, he had something to hide, and he can answer it, and the public can decide who they believe. But there are no legal implications to it. There are some legal implications starting to

pop up, and that has to do with prosecutions for contempt. Again, the word on the street is, and I don't know from whom it comes, but it's out there, that the January 6th committee is unhappy with the pace of the parallel federal, the parallel Department of Justice investigation of January 6th. The January 6th committee wants the DOJ to prosecute people that, to whom it has made referrals for contempt, people who won't be had during the existence of the committee if its existence is limited to this Congress, if you follow me. So you're going to start to hear a lot more from the January 6th committee, and you're going to start to see a lot more pressure on people to testify. And I don't know if you'll see this pressure, but we'll know of it from inside sources

if the committee's putting pressure on Attorney General Merrick Garland to start indicting and prosecuting people. Nobody knows where this is going to go. Already the Washington Post, which sometimes does great journalism and sometimes is off the wall, has published a piece comparing the seven-hour gap in Trump's use of his cell phone to the infamous 18-minute gap in the Watergate tape. There's no connection there at all. Nixon was foolish enough to tape his conversations. We all know what happened.

There was no requirement to tape. Trump is at liberty, as I said, to use whatever kind of phone he wants and wanted to use when he was in the White House. This is a story that, as we say in this business, has legs. It's running. It'll be around for a while. Judge Napolitano for judging freedom.