Judging Freedom - Proud Boys conviction_ Ukraine War Update_ Trump rape trial

Episode Date: May 5, 2023

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coast of the United States. We had a Wi-Fi loss, but we're back full strength. So here we go. Here are your hot topics for today from Enrique Tarrio, the head of the Proud Boys, who is convicted of a thought crime, to the boss of the Wagner Group, cursing out the head of the Russian military to Donald Trump. Will he testify in his civil rape trial on Monday or will he not? So we'll start with Enrique Tarrio. I misspoke yesterday when I described the conviction for seditious conspiracy of Mr. Tarrio, the head of the Proud Boys, and three others. I said that the others, that none of them was at Capitol Hill on January 6th. I was wrong. Tarrio, Mr. Tarrio was not at Capitol Hill. He was not in the Capitol building. He was not in Washington, D.C. He was in Baltimore.

The others were there. The others were convicted of crimes having to do with trespass and destruction of property and encouraging people to assault police officers, etc. My problem is with the seditious conspiracy charge. That is the heaviest charge that the government has leveled against anyone. It's actually a redundancy, seditious conspiracy, because sedition is a conspiracy. Sedition, by definition, doesn't succeed. It's a plan or a plot. If it succeeds, it's called insurrection or it's called victory. But when it is sedition, it's a plan or a plot to overthrow the government of the United States of America. That's what Tarrio and three of the others were convicted of. It's essentially a thought crime. Remember this one-liner from a famous jury summation by Clarence Darrow.

Now this is 150 years ago, so the number will be off. If a boy steals a dime, he's not gonna go to the penitentiary. A small fine, more than a dime, would obviously be adequate punishment. But if two boys conspire to steal a dime and then don't do it, they are candidates for the penitentiary. What kind of a country does this to its own people? Ours. Conspiracy is the favorite crime of the prosecutor. The prosecutor in the federal system must prove, in addition to the

elements of the crime that the actual acts were engaged in, that Chris is at my feet, that's why I looked down, the prosecutor must prove intent and harm in all crimes except for conspiracy. The government does not have to prove harm, even though harm is an element of every crime. Somebody was harmed. The government was harmed. The bank that was robbed was harmed. The person that was assaulted was harmed. The person that took drugs that the drug dealer brought into the country was harmed. But with conspiracy, the government doesn't have to show harm because there is no harm. It's a thought crime. It's five people thinking and a federal prison, or as Clarence Tower would have said, penitentiary,, they were punished for the thought that was impossible to execute. Think about it. Five of them, four were convicted. I'll give the government the benefit of the doubt that there was a fifth conspirator. How could five people possibly have succeeded in

overthrowing the government of the United States of America by violence. It's impossible, but the government prosecutes these things anyway. Here's the second significant aspect of this. Enrique Tarrio, the head of the Proud Boys, as I told you, was not there. This is the first person convicted of a January 6th event who was not on Capitol Hill. What does that tell you? They are getting ready to charge Donald Trump because he too was not on Capitol Hill. The feds now know they can get a conviction for a thought crime by a person who wasn't on Capitol Hill. If they surround it with all this mishigosh, all the trappings of violence and planning and plotting and thinking and hoping and wishing. I don't know where this is going to go with respect to Donald Trump. I think that they are nearing the end of their investigation of him and that Mike Pence was their piece de resistance, their icing on the cake.

In fact, the special prosecutor himself, Jack Smith, was physically in the jury room where the grand jury sits when Mike Pence gave his testimony. That's very unusual for him or for any chief lead prosecutor to be there in the pits, so to speak, in the grand jury room when the testimony is being taken. He either did it out of respect for the office that Mike Pence once held, or because he and Pence are old friends, which it turns out they are, or because he wanted to gauge Mike Pence's credibility, since if they indict Donald Trump, Pence will be one of their chief witnesses against him. Why do I get into this? Because it's very significant for the federal prosecutorial mindset that they now know they can convict somebody of a thought crime for January 6th, who was not on Capitol Hill. Who's next?

You know who's next. Yesterday, the boss of the Wagner Group exploded in a selfie that he apparently made with his mobile device and cursed out the Russian defense minister and cursed out the commander in chief-chief of Russian troops for not sending the Wagner Group enough ammunition. What is Wagner? Who is this fellow Yevgeny Progozhin? Yevgeny Progozhin is a billionaire several times over. He funded the Wagner Group, a private army. Then he decided he needed funds from the Russian government, and the Russian government, and the Russian government gave him the funds because his fighters are more ruthless than the Russian soldiers are,

and the Wagner Group has been a significant help to the Russian military. Well, they suffered a lot of losses recently, and Mr. Prokosian was not happy about it, and you'll hear him and see him in a minute. So we're going to run this clip twice. The first time And you'll hear him and see him in a minute. So we're going to run this clip twice. The first time you'll hear him screaming and yelling in Russian and you'll see the English subtitles. Then we're going to run it without the subtitles for those of you that are listening to us on your mobile devices rather than watching the podcast on your mobile device or on your television or screen or on your computer. And I will repeat the English subtitles. I'm not going to use all the foul language he said. I'm going to say F word for every time he uses it. He uses it a lot. It's very unusual for someone like

this to curse the daylights, a harsh, profound cursing, as you'll hear in a minute, of the leaders of the Russian military, the civilian and the military leadership. But here we go. 70%! Шойгу! Герасимов! Где *** боеприпасы? Посмотрите на них, ***! Ж***! Если вы даете норму боеприпасов,

их в пять раз меньше. Они пришли сюда добровольцами и умирают за то, чтобы вы жировали They came here as volunteers and are dying to be eaten in their offices with red wood. Take note of this. If you're watching us, you will see the subtitles, but you won't hear them. I'm going to read the subtitles for those of you that are capturing Judging Freedom on audio only. Here we go. We have a 70% shortage of ammunition. Shogu, Gerasimov, where the F is the ammunition? Look at them F. Those are dead bodies that he's pointing to.

You can't see them, but they're there. If you give the normal amount of ammunition, there will be five times fewer of them. They came here as volunteers. They are dying so that you can gamble in your redwood cabinets. Take note of that. All right, he mentions Gerasimov and Shogu.

Shogu is the Russian defense minister. Gerasimov is the chief general, the commander in chief of all the Russian military forces, the rough equivalent of the American chair of the Joint Chiefs of Staff. This is very, very harsh. It's also unheard of that someone would film dead bodies. Now, the version of the film that we showed you had the dead bodies blurred so you couldn't see them. But when you saw him point and say, look at them, he was pointing to dead Wagner soldiers. Now, since this came out, the spokesperson for the Russian Department of Defense said a couple of things.

First of all, it's unseemly and illegal. It is illegal under international law, as well as American law and Russian law, to film and broadcast dead bodies, particularly dead military bodies. Secondly, he said, we need the Wagner Group. But if they don't want to fight for us anymore, we'll get the next best group of fighters we know, which are the Chechens. That's the Chechen military that helped the Russian military suppress a terrorist uprising in Chechnya, a former Soviet Republic, now still part of Russia, whose fighters are known to be notoriously aggressive and ruthless. While all this is going on, the Russians have been jamming American computers. Yes, American computers. Hear this. America, Joe Biden has sent the Ukrainians HIMARS. HIMARS are a hybrid between

artillery because they're mobile, they can be moved, and missiles, because they produce great force and can cause great destruction more than artillery can. So they're mobile like artillery, but powerful like missiles, but very complicated to operate. So they are operated by computers in the HIMAR or in the vehicle that has the HIMAR. And those computers are operated by Joe Biden, American troops out of uniform. Here we go again. Mr. President, would you please acknowledge that American troops are there, whether they're boots on the ground, whether they're physically wearing boots or something else on their feet, whether they're civilian or Army surplus camouflage like President Zelensky wears, or whether they're wearing U.S. Army-issued uniforms ready for battle, whatever it is, they're there.

We know from the documents, which you haven't denied the authenticity or accuracy of, that there are at least 100 special forces on the ground. I know you're going to say they're not on the ground. They're in the embassy in Kiev. If you've ever worked with SEALs or special forces, those guys don't guard embassies. They're not going to sit still in an embassy. They are the best offensive forces we have. They're the people President Obama sent to kill Osama bin Laden. These are

fearless fighters. They're not going to sit around guarding an embassy waiting for something to happen. We know they have boots on the ground. Mr. President, I wish you would acknowledge it. So they're at American computers, at the HIMARS, operating the computers, sending signals to their colleagues in Poland, Americans in Poland. In Poland, they pull the trigger. At the HIMAR, the missile comes out and it's aimed at Russian military targets. The Russians have figured out how to jam those computers

at the HIMARS. So now the HIMARS, they're very expensive into the multi-billion dollars per HIMAR. Don't work when the Russians jam them. Are American boys using American military hardware to fire American ammunition at Russian boys? Answer, yes. I wish that the President of the United States would finally acknowledge this. Thou shalt have no other gods before the Department of Health and Human Services. Oh, yes. Wait till you hear this. The federal government is on another anti-Catholic kick. We have the second Catholic president in the history of the Richmond, Virginia, wrote a memo, which was supposedly written by rogue FBI agents, but somehow was circulated to all 70 FBI field

offices in the country that said the latest group of terrorists we're worried about are traditional Roman Catholics, Roman Catholics who attend the traditional Latin mass. Your humble correspondent, not so humble today because I'm furious at this, is in this group. These are the most serious Catholics on the planet. The Pope doesn't like us and the FBI doesn't like us. What conceivable threat to national security could those who say the rosary every day and attend Latin mass possibly pose? Well, Chris Wray, who himself is Catholic, who's the director of the FBI said that these were rogues. We've rescinded the memo. Don't worry about it. It's hard for me to believe it was totally rogue if it made its way to all 70 field offices, but it has been rescinded. Here's the latest. Here's why I bring this to your attention. Because the Department of Health and Human Services has issued a memorandum to a

Catholic hospital in Oklahoma City saying, there's a Catholic chapel there, right? There's a candle that burns in that chapel, right? You got to blow the candle out because it might burn the hospital down. What? Well, wherever there is the blessed sacrament, the body, blood, soul, and divinity of Jesus Christ crucified and resurrected. There must burn a small candle. It's surrounded by two, two glass sleeves. I never heard of this candle

causing a fire. The candle flame is three quarters of an inch high, surrounded by glass, surrounded by air, surrounded by glass again. It's canon law. Wherever the blessed sacrament is, the candle must burn. To tell a Catholic who comes in the room, be careful. You're in the presence of Jesus Christ, crucified and resurrected. What does the government want to do? Stop Medicare and Medicaid reimbursements to this hospital until they blow out the candle. You can't make this stuff up. Under a Catholic president, this is the most anti-Catholic administration in 230 years. That candle is going to glow. A blessed sacrament is going to stay there. The nuns and the nurses and the doctors and the priests who work there will continue to

the poor. And as long as we have this socialistic system of reimbursement by the government, you're going to continue to reimburse. Prediction, a federal judge will stop this regulation in its tracks because it interferes materially with the free exercise of religion. We assess that Vladimir Putin probably has scaled back his immediate ambitions to consolidate control over the occupied territory in eastern and southern Ukraine, ensuring that Ukraine will never become a NATO ally, quote unquote, from Avril Haines. She is the director of national intelligence. She's the boss of those who work in the CIA and of all the 16 known and admitted intelligence agencies in the federal government. What is she doing? It's a

political statement. She's claiming victory. She's claiming Putin can't go much farther east. So he's given up his goal of taking over all of Ukraine. He's going to stop where he is. That part of Ukraine will never become a member of NATO, but he can't prevent the rest of it from becoming a member of NATO. Oh, yes, he will. There was a seven to one and in some battles, a 10 to one kill ratio, meaning for every 10 or every seven soldiers, Ukraine soldiers that die, one Russian does as Colonel Douglas McGregor and as Scott Ritter have told us, a two or three to one kill ratio is enough to assure victory. A seven or 10 to one kill ratio is unheard of. It would be impossible for the group that is losing seven or ten for every one the other group is winning to prevail. So don't put much credence in what Avril Haines told the Senate yesterday. Anthony Albanese, you probably

don't know him. Maybe you do. If you're from Australia, you know who he is. He's the Australian Prime Minister, a liberal, a very good guy, basically saying to the American government, what the hell are you doing to Julian Assange? And why is he in Belmarsh prison? Why is he slowly being mentally and psychologically tortured for revealing a truth via his media organization, WikiLeaks? Well, Mr. Albanese, Prime Minister Albanese is in London for the coronation of Charles III. Another farce, a coronation, costs 125 million. The Brits love it. Another argument for another time. Stuart Varney's going to kill me, but these are strong feelings that I have. The whole monarchy is a farce, and to spend 125 million to put a plastic crown on his head is

absurd. Nevertheless, the Commonwealth countries are there. The Prime Minister of Australia is there. Here is what he said to an Australian news company from his hotel room yesterday. And I am concerned about Mr Assange's mental health. There was a court decision here in the United Kingdom that was then overturned on appeal that went to Mr. Assange's health as well and I am concerned for him. Enough is enough. This needs to be brought to a conclusion.

He has been lobbying Joe Biden himself to drop the charges against Julian Assange because he is protected under the Pentagon Papers case. It was the Trump administration that brought these charges. It is the Biden administration that wants to prosecute these charges. It is the Biden administration that wants to extradite him to the United States where he'll never get a fair trial? The Australians are saying, leave him alone. Send him home to Australia. Oh, mother of God, how I wish that that would happen. And finally today, will President Trump testify or won't he in the civil rape trial?

Okay, all the evidence is in. The plaintiff presented 10 witnesses, including herself. The defense lawyer, Joe Takapina, stood up and said on Thursday, the court doesn't sit on Fridays. The judge does other things on Fridays, usually sentencings. Joe Takapina, President Trump's lawyer, said on Thursday, we rest. The plaintiff said we rest. And then Thursday afternoon, Donald Trump got on national television from a golf course that he owns in Scotland, ripped apart the plaintiff, attacked the judge and said, I don't want to go home, but I'm flying home because on Monday I'm going to be

in court. Whereupon the judge emailed the lawyers and said, even though you've rested, if the former president wants to testify, he can testify, but we need to know by five o'clock in the afternoon on Sunday, if he's going to testify on Monday. He's not the average ordinary witness. We have security precautions to take care of. We can do it in 15 hours from 5 o'clock Sunday afternoon to 9 o'clock Monday morning, let us know. We'll let you know as soon as we hear. Maybe Takapina will let me know in advance before Judge Kaplan even knows. Old Joe, now I'm talking about Joe Takapina, who's the young Joe. If you know, and if you want me to let the Judging Freedom

viewers know ahead of time, we'll come to these microphones and this camera and let you know. Three o'clock today in two minutes, Matt Van Dyke, live from Europe. More as we get it. Judge Napolitano for Judging Freedom.