The David Pakman Show - 10/2/23: Newsom names Feinstein's replacement, GOP missing single piece of Biden evidence

Episode Date: October 2, 2023

-- On the Show: -- Democratic Senator Dianne Feinstein passes away at age 90, and Democratic California Governor Gavin Newsom has named Laphonza Butler as Feinstein's replacement -- Texas Governor Greg Abbott says Texas will pursue a border wall on the border with the US state of New Mexico -- Republican Congresswoman Nancy Mace fails hard when asked by right-wing Fox host Maria Bartiromo for a single piece of evidence of Biden wrongdoing -- 2024 Republican presidential candidate Ron DeSantis' claim about California muggings jump from "3-4" to "6-7" in just a couple of days, raising questions as to whether the entire story is made up -- A bloodthirsty failed former President Donald Trump speaks to a crowd in Anaheim, California, scaring women and children through his dangerous threats -- An unhinged Donald Trump ends up on the wrong end of a gag order request from Special Prosecutor Jack Smith -- Failed former President Donald Trump says he will appear in court today, and attacks both the judge and prosecutor on Truth Social the night before -- A desperate Donald Trump Jr. appears to have another manic episode during a speech to the Texas Youth Summit -- Brian Glenn, Marjorie Taylor Greene's boyfriend, absolutely loses it when Donald Trump is brutally heckled in Santa Monica, California -- Voicemail caller asks whether Donald Trump has to register as a sex offender on the basis of being found to be civilly liable for rape -- On the Bonus Show: Robert F. Kennedy Jr. plans to run for President third party, France sees just in bedbugs ahead of Olympics, Donald Trump says Democratic Congressman should be jailed for pulling fire alarm, much more... 🔊 Babbel: Get 55% off your subscription at https://babbel.com/pakman 🛌 Go to https://helixsleep.com/pakman & use code HELIXPARTNER20 for 20% OFF + 2 free pillows 😁 Zippix Toothpicks: Code PAKMAN10 saves you 10% at https://zippixtoothpicks.com 💻 Get Private Internet Access for 83% OFF + 4 months free at https://www.piavpn.com/David -- Become a Supporter: http://www.davidpakman.com/membership -- Subscribe on YouTube: http://www.youtube.com/thedavidpakmanshow -- Subscribe to Pakman Live: https://www.youtube.com/pakmanlive -- Follow us on Twitter: http://twitter.com/davidpakmanshow -- Like us on Facebook: http://www.facebook.com/davidpakmanshow -- Leave us a message at The David Pakman Show Voicemail Line (219)-2DAVIDPSeptember 20, 2023

. We start today with the death of the longest serving Senator Dianne Feinstein, who passed away very late last week at age 90. Gavin Newsom has already indicated who he will select as her replacement. We will discuss that and we will talk about the longer term implications of this. CNBC reports Dianne Feinstein, both the oldest member of the U.S. Senate and the longest serving senator from California has died at age 90.

This leaves vacant a powerful Senate seat, says CNBC, requiring Governor Gavin Newsom to appoint a temporary successor. Remember, we've interviewed two of the three major candidates running for that seat in 2024. We will talk about that. The Democratic senator's decades long career was studded with major legislative achievements on issues including gun control and the environment. She has been in the Senate since 1992 and she passed away in her home in Washington,

D.C. It truly is. You know what? One of the unfortunate things about this is that due to the very apparent decline of Dianne Feinstein over the last few years and we don't need to now enumerate every element of it and, you know, jump on her grave, we don't need to do that. But due to the obvious decline of Dianne Feinstein, so many questions have been raised over the last few years, including should

there be upper limits for members of the Senate? This is not just because of Feinstein. It's come up because of Grassley and Mitch McConnell's latest health issues, Trump and Biden, et cetera. That's one issue. But as far as Feinstein specifically. It's sad to say, but the appearance of her legacy was diminished because of all of that talk about her health, when the reality is that this is a career that in some total was

more than half a century. Incredible accomplishments at so many different levels, her role in women's rights and labor rights and in so many different areas. It really is an incredibly accomplished and storied career that some are finding it difficult to separate from what feels in some circles as a refusal to give up power when the time to give up power was appropriate. She planned to retire at the end of the current Senate term, which, of course, would be decided in November of twenty twenty four. And ultimately, the current term would end in January of twenty twenty five. She did not make it there. And now Gavin Newsom ends up in

the position of selecting her temporary replacement, which would bring us just to the already scheduled election, 13 months almost to the day from today, which is incredibly soon. It's unbelievable that we are already at the 2024 election. The selection that Gavin Newsom has made is that of Lafonza Butler, who will become from an identity perspective, as many of the stories point out, the first black lesbian to serve in Congress. I don't have much to say about that.

Obviously, any time that there is an interesting identity story, it can be meaningful and powerful to people. I don't ignore that at all. I just don't have much to say about her being the first black lesbian to serve in Congress. More interestingly is the background of Lafonza Butler. The question as to whether she will now want to run for the seat in November of twenty twenty four. There's much to say about that.

And of course, there is already a controversy which relates to her residency. A little bit about her background. Butler, a Democratic strategist and advisor to Kamala to Vice President Kamala Harris's 2020 presidential campaign, will be the only black female senator to currently serve in Congress and only a third in U.S. history. She will be the first openly LGBTQ plus person to represent California. Newsom describes her as a staunch leader who will proudly represent the Senate, proudly represent the state in the Senate, carry the baton left by Feinstein, an advocate for women's rights, a second generation fighter for working people and

a trusted adviser to Vice President Harris. That is the selection from Gavin Newsom. It's all fine, well and good. The immediate controversy is, does she actually live in California? Which is indeed a question that should be answered because the rules are that they must. There is I'm not going to read this entire Newsweek article to you, but we'll link to it. It's called Lafonza Butler's non-California residents raises questions. The question that's being raised is that it appears as though it appears as though Butler is registered to vote in Maryland, owns property in Maryland and seems to have a number of different

ties to Maryland. Now, of course, if she merely owns a home in Maryland, but really resides in California. Colloquially as we understand that to mean and also for legal purposes, there really is no issue. However, there is a question as to whether she lives in California. I don't expect that this is going to be an impediment to her ultimate taking that seat. But it is a question that has immediately came up. The next question is, will Butler run for this seat afterwards? She would be a very late addition as that race is already underway on. In addition to that, Gavin Newsom previously said, I plan to

appoint someone who is not looking to keep this seat indefinitely. If given the opportunity to select someone, Newsom said, I'm going to appoint someone that truly will just be temporary. It will just be interim. And if that is the case, if that's something that was discussed with Lafonza Butler already, the expectation would be she will be there only until January of 2025, about a 13 month. I'm sorry, 15 month term, essentially. And then whoever wins that election, be it Adam Schiff or one of the other candidates will will take over. This is the way that the legacy of Dianne Feinstein is. This is the epilogue, so to speak. And we will see what comes for that Senate seat in California. Texas wants to build another wall, but this is a wall between it and another American

state, New Mexico. Is this even legal? The answer appears to be no. This is the latest ridiculous, radicalized screed from Texas Governor Greg Abbott, who said at the Manhattan Institute event over the weekend at which he spoke, we it's not just Mexico we're going to build a wall with next to up against. We are going to have to build one with New Mexico as well. Take a listen to this. Speaker 3 And so not only are we building border barriers between the border of Texas and Mexico, we're also having now to build border barriers between Texas and New Mexico. Speaker 1 Now, why is this? Well, part of the issue that Greg Abbott has is that New Mexico has become

almost like a safe harbor state for those unable to obtain the reproductive health care that they want or need in Texas. And some are going to the far more blue state of New Mexico. Now, Greg Abbott mentions, by the way, we've built some barriers with Mexico. Some of those barriers, including the floating water based barriers that we've talked about many times on the bonus show, have been deemed illegal and ordered taken down. So the casual nature with which Greg Abbott says, listen, we built some with Mexico and we'll build some with New Mexico. Many of the Mexico ones are illegal. And this that he is proposing with New Mexico is almost certainly also against the law.

Now, remember, these are Republicans who say law and order is the priority. Always, always most important due process, constitutional rights, law and order. And yet. January 6th, demanding Bob Menendez resigned, but neither Trump drop out of the race nor Santos resign, even though they've been indicted, saying, hey, you know, OK, fine, it's not exactly legal what Russia did to Ukraine, but I think we should get out of there and not not defend them and and lock them up, lock this person up, lock that person up. They say they're about due process and law and order. We know that they are not. It seems abundantly clear that you can't put up a wall with another state. Remember how actually there's a funny hypocrisy. Hypocrisy

doesn't matter to Republicans anymore. But remember during covid how the right wingers would say you can't limit people's ability to travel between states. No, you can't do that because of the Commerce Clause and because of all these other things. Well, that is now apparently not a concern when it comes to putting up a wall between Texas and New Mexico. So a number of legal questions. Number one, yes, the Interstate Commerce Clause, the Interstate Commerce Clause.

This is the U.S. Constitution, which gives Congress the power to regulate interstate commerce. If you were to erect a wall between states, you are arguably interfering with the flow of goods and services between states. That would be a violation of the Commerce Clause. If you're not convinced by that one, that's not the only legal problem here. There's something called the Privileges and Immunities Clause. That's in Article four, Section two, and it ensures that citizens of each state are

afforded the same rights as citizens in all other states. If you put up a wall between Texas and New Mexico, you could be violating that clause, especially if the point and the outcome is to limit the movement of citizens from one state to another, particularly to avail themselves of things that are rights in New Mexico. Problem number three, there's something called federal preemption. Immigration and border security specifically are primarily federal responsibilities in the United States.

Now you can make the argument a wall between states doesn't relate to international borders and it doesn't relate to immigration per se, but it is still a state taking action, stepping into what is normally federal jurisdiction. So that could be problem number three legally. And then number four, I assure you that if you say, let's put up a wall between states, you are going to have land rights and environmental concerns, because if you build a wall that happens to be on the border, you would, number one, almost certainly have to try to use eminent domain to obtain the private land that could be challenged.

There could be environmental and ecological concerns, especially if putting a wall across on an entire state affects ecosystems or wildlife migration patterns, which it almost certainly would. So is Greg Abbott really going to build a wall between Texas and New Mexico? I assume the answer is almost certainly not. Does the mere fact that he's willing to mention it show that either he or he assumes his followers are completely, completely ignorant of the law and restrictions upon building such a wall? Yeah. Either Greg Abbott doesn't know that this would be against the law or Greg Abbott knows, but assumes that the people who would see this as exciting red meat wouldn't know any better. Probably the latter would be my guess. My

guess is Greg Abbott privately has been advised, sir, it pains me to tell you this, but you can't do this. And he's assuming that he'll get points from his followers because they won't know any better. That's my guess. My prediction, if I were a betting man and I'm not, but if I were a betting man, my prediction is no such wall gets built. Let me know what you think in the comments in an email. I'll keep you posted. If such a wall does get built, I'll be the first to tell you. If you've been thinking about getting a new mattress, Helix Sleep is where I would start. I've been sleeping on Helix mattresses for years now. I recommend Helix to everyone, which is why I wanted them as a sponsor.

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Go to Helix Sleep dot com slash Pacman and enter code Helix Partner 20 at checkout. That's Helix Sleep dot com slash Pacman. Then use code Helix Partner to zero to get 20 percent off and two free pillows. The info is in the podcast notes. I would really love for you to get the full David Pacman show experience. And by that, I mean the entire show stripped of commercials and advertisements. You could watch it as a video show show or an audio show. I listen to podcasts when I go to the gym, for example, so I don't need the video. I want the audio. Give me that sweet, sweet audio as well as the bonus show. We do an extra show every day, weekday. We take weekends off for our paid subscribers. You can get all of these great benefits and make

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41 Speaker 42 Speaker 42 Speaker 43 Speaker 44 Speaker 45 Speaker prices or December prices. So sign up at join Pacman dot com and you can use the coupon code four years for indictments. That's no spaces, all lower skate, lower, lowercase with the number four, four years for indictments at join Pacman dot com. The search continues courageously for the evidence against Joe Biden, never mind that he's been in public life for 50 years and they just can't seem to find the evidence. And unfortunately for Congresswoman Nancy Mace, why does it always happen to Nancy Mace? She just can't cite even a shred of an iota of a kernel of a crumb of a seed of evidence. The latest line of questioning from Fox News is

Maria Bartiromo. To her credit, it's a good question. You claim that Joe Biden corruptly made policy decisions for profit, either for his own profit or for Hunter Biden's profit. Can you name one such decision for which he profited from which he profited? And Nancy Mase is like, no, I haven't had time to research that. Really? Because you're going pretty high and fast here on an impeachment inquiry because you're convinced that the evidence is there. You haven't had time. Listen to this. Have you been able to identify specific policy decisions that Joe Biden made that he was paid for? Right. I have not had the the the ability to research that. I've been looking more at the LLCs, the bank records, all of the lies that Joe

Biden has told and what evidence we have so far in meetings, dinners, appointments. Yeah. If lies were an impeachable offense, imagine the White House records, et cetera, phone messages, text messages, emails, et cetera, connecting the dots with Joe Biden. A lot of etc. is in there. I don't know why she says it that way, but when it's all et cetera, at some point we're going to need the real stuff. So let me give you a little bit of the backstory here. Previously, they were alleging the big decision, the big policy thing that Biden did to benefit, if not himself, to benefit his son,

Hunter Biden, was to push for the firing of a Ukrainian prosecutor, Victor Shokin. The story they were telling was Biden of his own accord decided, I'm just going to demand they fire this guy or otherwise I'm going to keep a billion dollars away from them in aid. The argument was Shoken was investigating Burisma. Hunter Biden was on the board of Burisma. So by getting Shoken out of the way, he gets the investigation to stop and it doesn't affect Hunter Biden's finances. And maybe Joe Biden was getting some kind of kickback. The problems with that are numerous. Number one, last week, former Ukrainian President Poroshenko went on Fox News and said he was fired because he was nuts. He was just terrible.

It was a horrible guy doing terrible things, horribly corrupt, not because it was Joe Biden looking to get him out of the way. Completely blew up the conspiracy theory. Secondly, Biden was merely the messenger of the Obama administration's position on Shokin, which is he's corrupt and he should be fired. And by the way, that was not a position held only by the United States. The United States and many of our allies. All were unanimous. Shoken's a problem. He's corrupt. He should be fired. Now that that decision has been totally destroyed as the decision Biden made for profit, the policy he pushed for for profit, they're back to ground zero and they have nothing. And again, at some point we have to apply some simple version of Occam's

razor is the explanation for why they have no evidence that over a 50 year period, the now demented Biden who doesn't know what day it is, has meticulously hidden all evidence of widespread criminality, including bribery that benefited him, bribery that benefited Hunter Biden. Laptop evidence has been destroyed and documentary evidence has been destroyed. And everybody who knows him has been bribed or threatened with death. Is that the explanation for why there is no evidence? OK, on one on the one hand, or is the explanation for why there is no evidence that Joe Biden didn't do any of these things? He didn't get involved in some kind of criminal bribery conspiracy with Hunter Biden and maybe Hillary Clinton's involved or Obama.

I don't even really know simpler explanation that requires the fewest assumptions and the fewer cover ups unless we have some specific reason to say the explanation isn't that there are no crimes. It's this other thing that would involve 100 people and 50 years of covering stuff up. I don't know, guys. I'm just asking the question. Maybe at some point we go with what is most obvious. This is unbelievable stuff.

Remember at the debate among Republicans last Wednesday when Ron DeSantis in an attempt to attack California said, I ran into four people, three or four people who were mugged in Southern California. Remember this moment from the debate? My wife and I have met three people who have been mugged on the street. Yeah, Bobble had head bobbling aside. The story is not the most remarkable story because in metropolitan places, cities, sometimes there are muggings, even in really safe cities, in dangerous cities and safe cities. Sometimes people get mugged. So it's not a super remarkable

story. And of course, Gavin Newsom, the governor of California, accurately pointed out, you know, DeSantis might want to look at crime rates in Jacksonville, for example, where they are higher than in California. OK. Three days after this debate, DeSantis appears with Maria Bartiromo and he tells the same story, except now there are six to seven people who came up to him to tell him the story. As of Wednesday, three to four people came up to him to say that I got mugged in Southern California. Suddenly now six to seven people have come up to him. The story changed very quickly. Speaker 2 People, my wife and I ran into six or seven people that had been mugged in the last year in Southern California. When has that ever been acceptable?

Speaker 1 Right now, there are a couple possibilities here. Is it possible that Ron DeSantis, after telling the story of three to four muggings on Wednesday night, immediately after he got off the debate stage, but right before he left California, because remember, after the debate, DeSantis left California, someone was so three, three more people were so overcome with emotion about the fact that DeSantis mentioned three to four muggings that three or four more people went up to him and said, sir, I was also mugged here in Southern California in just like a couple hours before DeSantis flew home. Is that the possibility? Or is it more likely that DeSantis has made the whole thing up that DeSantis, I don't know, heard about someone getting mugged in California or maybe one person two months ago told DeSantis, I got

mugged in California. And now the story has taken on a life of its own. Three to four people. That doesn't sound like enough. Now it's six to seven people. Do the mugging victims that have spoken to Ron DeSantis actually even exist? Now, obviously, obviously, people do get mugged in big cities all across the country, period. But whether DeSantis met them, whether more of them went up to Ron DeSantis

in just this tiny sliver of time between the debate and the interview with Maria Bartiromo, it's a real question mark. And these stories strike me as the Sir with tears in my eyes stories, which, by the way, we'll have some from from Trump coming up either today or tomorrow when Trump talks about, you know, people come up to me and they say, sir, we don't have any bullets. Obama took all the bullets. We need bullets. And these are strong, burly men. And they're crying because they've never seen anything like this before.

And we go, yeah, that that obviously did not happen. That's a fake story that Trump is making up. This DeSantis stuff strikes me as exactly the same thing. I don't know that the mugging victims actually exist. All right. One little bonus clip from this interview. This is actually good. Maria Bartiromo asks DeSantis a good question, which is what's your path to this nomination? There doesn't really seem to be one. You're just losing. Like, I don't understand how you're your path to this nomination? There doesn't really seem to be one. You're just losing like that. I don't understand how you're going to get this nomination. And DeSantis is pained answer through gritted teeth.

If I'm a disank this donor. I'm not inspired with confidence by this answer. Take a listen real quick before you go. Let's face it, Governor Donald Trump is ahead of you by a significant margin. I think the last poll was 52 percent above right now for Trump. How are you going to cut into Trump's lead? What truly is your path to victory? Right. I have none. You show up, you make the case, you don't mail it in, you don't go missing in action. You meet voters on the ground in the early states, Iowa, New Hampshire in particular, and tell them about the future of the country and why you're the best candidate.

And so I think that I'll be the guy, I've been the most dependable leader the Republican Party's had in recent years. I've delivered. I haven't just talked. And that's what we need in Washington. The time for excuses is over. 2024 is make or break. We're not getting a mulligan on this one. We either get the job done or we're going to be in a hole in this country for the next generation. Speaker 1 Speaker 3 So what exactly is your path? Because remember, nothing that he said there suggests it's going to convince even a single Trump voter. By the way, over the weekend, the dynamics of this race have continued to remain mostly as they are. Trump is still polling 57 percent. DeSantis is all the way down

to 13 and a half. And interestingly, the most interesting polling change over the weekend is that Nikki Haley is now building a lead on Vivek Ramaswamy. Ramaswamy has been in third place for a while now. Late last week, I told you guys in an average of recent polls, Nikki Haley is now ahead of the vague, but it was only by about half a point over the weekend with more new polling. Nikki Haley is now a point and a half ahead of Vivek Ramaswamy. So the trend here is Ramaswamy surge is done. Haley is the only person right now that seems capable of catching the Santas to get into second place. And then can she mount an attack on Trump from second place? Everybody's running out of time. But that's where we are. Haley taking a more clear lead over Vivek Ramaswamy over the weekend.

We'll check in on these numbers by the end of the week. We're going to take the quickest of breaks and then the Monday show will continue if I have anything to say about it. One of our sponsors today is Zippix nicotine toothpicks. Zippix brings you a convenient alternative to smoking and vaping and the vape clouds, the ashtrays, the thing in your lip that people can see. I've seen that around. This is an easier and less messy way to curb the cravings. And you can use Zypix just about anywhere. Zypix is available in six flavors with two or three milligrams strength. The nicotine and the flavor are long lasting and Zypix has helped countless people kick the bad habits and they

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That's ZIPPX dot com. Use code Pacman one zero for 10 percent off. The info is in the podcast notes. A bloodthirsty Donald Trump, a civilly liable rapist, mind you, went to California over the weekend and delivered arguably the most vile and disgusting speech of this election season. By the way, Trump giving the speech in Anaheim, attacking Beverly Hills, then immediately leaving the speech, going to Beverly Hills for a fundraiser at which he was brutally heckled. And we will get to that. Look at this.

Donald Trump suggesting if you rob a store, you should expect and should be able to be legally shot dead for shoplifting. This is a level of brutality that even in many of the most authoritarian countries they don't have. Trump is promising this at every speech. Now this sort of thing killed the drug dealers, kill a general jail for this person, that person. Look at this.

This is what he's telling us he's going to do. We should believe him. And when they're there, they'll knock the hell out of you and kill you in some cases. And we will immediately stop all of the pillaging and theft. Very simply, if you rob a store, you can fully expect to be shot as you are leaving that store shot. Speaker 1 a bloodthirsty crowd cheering the complete suspension of due process. That's what this is about.

OK. Oh, well, if if you see them running away with a king sized Kit Kat, you know they're guilty. And so the punishment for stealing a Kit Kat now is you get shot, as Trump likes to say, shot. This is absolutely brutal authoritarianism. Now, if the appropriate punishment for shoplifting from a quickie mart is getting shot, what should the punishment be if you riot at the U.S.

Capitol and you assault police officers? I guess in that case, you should get very comfortable jail conditions with vegan food. That's all of a sudden what these very same Republicans say. The suspects, the indictees in the Trump riots should be given. These people are disgusting, dangerous and disgusting, bloodthirsty. Trump says rich people in Beverly Hills aren't allowed to take long showers showers and that's why they smell bad. But they don't want the water to come down all the way to Los Angeles and the Central

Valley where we're constantly forced to ration. You have droughts where rich people in Beverly Hills, we don't feel so sorry for them. But I do actually, you know, they pay millions of dollars in taxes. They take you to shower. They're told to hurry up. You're only allowed a small amount of water when they take you. That's why rich people from Beverly Hills, generally speaking, don't smell so good. You know, typically you have a notice.

They're not great. Their hygiene is not good, but it's forced to be that way. Yeah. Trump continuing to be obsessed with indoor plumbing, whether it's forced to be that way. Yeah. Trump continuing to be obsessed with indoor plumbing, whether it's showers or sinks or as he sometimes refers to it, the third element of the bathroom. You know which one that is, the one he flushes 10 to 15 times. But again, just attacking Beverly Hills and then going to Beverly Hills for an expensive fundraiser. Maybe right up there is one of the sickest moments of this speech. Trump jokes around about the fact that a MAGA lunatic

beat Nancy Pelosi's husband over the head with a hammer. This is this is the sort of people they are. And we'll stand up to crazy Nancy Pelosi who ruined San Francisco. How's her husband doing, by the way? Anybody know? And she's against building a wall at our border, even though she has a wall around her house, which obviously didn't do a very good job. A psychotic, bloodthirsty joke about your political opponent's husband getting beaten in the head with a hammer by one of your supporters and the crowd. Laughter and cheering for a home invasion in which an elderly man had his skull cracked and needed surgery. It's not even about cruelty. Cruelty is not even the point. It is bona fide sadism that these people are now engaging in. Trump swore at the event,

which I guess is how he's edgy and relatable. And the crowd loves it when he swears. But if you become president and you don't like somebody or if somebody is beating you by 10, 15 or 20 points like we're doing with Crooker Joe Biden, let's indict the mother. Yeah. Super edgy and relatable. And then lastly, here this this again, this was a speech in California. Trump's final pitch to Californians is that he will liberate them from communism. Communism. Yes.

The people living in the state with arguably the highest level of innovation, not just in the United States. If California were a country, it would be one of the places with the greatest rate of technological for profit innovation. It's communism. He'll liberate them from the mission to help you liberate California from communist rule begins at noon on inauguration day, 2025, 2025. Right.

We got to bring, I'll tell you the election of 24 is the single most important election in the history of our country. I used to say it about 16 or so most important than it was, but this is more important because we're going to lose our country. Our country is going to hell. Our country is being destroyed. Together, we will take on the ultra left wing liars, losers, creeps, perverts and freaks who are devouring the future of this state like this.

I can assure you none of this is going to happen in California. Trump or whoever is the Republican nominee will lose California. But the red flag here is this is a level of thirst for blood and hunger for violence that even for Trump is setting new records. Believe them. Believe them when they tell you what they're going to do. Speaking of violence and witness intimidation and threats, special prosecutor Jack Smith has now demanded a gag order on the failed former President Donald Trump.

That's the guy who's been indicted four times, impeached twice and found to be a civilly liable rapist. Donald Trump now potentially will be hit with a gag order. Media reports special counsel Jack Smith submitted a new filing in support of his proposed gag order against Trump, citing his rant about executing General Mark Milley and his attacks on people like the judge in the case. Federal District Judge Tanya Chutkin two weeks ago, Smith's team filed a motion for a limited gut gag order late Friday.

A new motion in support of that order responded to opposition from Trump attorneys cited a raft of more recent events to underscore the urgency, including is now infamous remarks about General Mark Milley. The filing, which you can look at in more detailed legalese references specifically Trump suggesting that Milley should be executed for treason. It includes attack on the judges, on the prosecutors. And we will talk about that more as well. The real question here is, is there any judge in the United States willing to lock Trump

up in pretrial detention for violating the terms of his release after his four indictments. I can't say at this time that the answer is yes. I don't know that there really is a single judge in the United States who's going to revoke Trump's bond and say, you know what, you're attacking witnesses, potential witnesses, you're attacking judges, you're attacking prosecutors. You're going to sit in jail now until your trials, which, by the way, you're trying to delay for years. If you succeed, then you'll be sitting in jail for years. I just don't see that. As I said earlier, I'm not a betting man, but it is a bet that I would take that Donald Trump is

not going to be jailed pending trial for violating bond. However, it is at least conceivably possible that some judge might find it appropriate to in some way electronically resist Trump's access to certain social media platforms. Like, is that possible? Yeah, maybe. Maybe something along those lines could happen. But for those who are who are waiting around thinking any second now, Trump's going to be jailed for his obvious attacks on those participating in the justice system and trying to carry out justice. I would not be holding my breath. The gag order request is completely reasonable. If you read through it, it cites copious examples of why Trump should be gagged. I don't believe that he will be. And I don't believe any judge is going to throw him in jail pending trial. If you disagree with me, I want to hear from you.

And by the way, Trump continuing to attack judges and prosecutors. I want to discuss that next. Donald Trump is appearing in court today. And on the eve of this appearance, he attacked both the judge and the prosecutor. This guy simply cannot stop. Here is a report from the Associated Press. Trump denounces fraud case as a, quote, scam as he arrives for a New York trial over his business practices. That's today. Trump denounced the civil fraud case over business practices as a politically motivated scam as he arrived defiantly for a trial in the lawsuit, which could cost him control of Trump Tower. It's a scam. It's a sham, Trump said. What we have here is an attempt to hurt me in an election. This, by the way,

is the civil trial in which Trump is heading in the direction of losing his license to operate a business in the state of New York. If you are showing up in court, maybe you want to be on your best behavior, but not Trump. Last night on his social media platform, Truth Social, which is failing quickly, Trump sent you. Donald Trump posted, quote, I'm going to court tomorrow morning to fight for my name and reputation against the corrupt and racist attorney general Letitia James, who campaigned on getting Trump and a Trump hating judge who is unfair, unhinged and vicious in his pursuit of me.

He values Mar-a-Lago in Palm Beach, Florida, at 18 million dollars when it is worth 50 to 100 times that amount. His valuations are fraudulent in pursuit of election interference. And worse, this whole case is a sham. See you in court Monday morning. Trump then continuing to attack the judge, quote, The Judge Arthur Enger on refuses to accept our big win in the Court of Appeals, nullifying much of the case that the racist attorney general of New York, Letitia James, has charged us with.

Nobody can believe it. And Trump continuing, quote, Judge Anger on's valuation of Mar-a-Lago, the most spectacular property in Palm Beach, Florida, is fraudulent. He states a value of 18 million dollars, knowing full well it is worth perhaps 50 to 100 times that amount. And Garan is working diligently to misrepresent me and my net worth, which is substantially more than is shown on my fully disclaimed financial statements. It's so funny. He's like on the financial statements that I put a disclaimer on saying all these numbers

might be wrong. I say it's worth much more there. Trump continuing, I have not even included my most valuable asset brand. He should resign from the bench and be sanctioned by the courts for his abuse of power and his intentional and criminal interference in the presidential election of twenty twenty four, of which I am leading all candidates, both Republicans and Democrat by significant margins. Likewise, Letitia James should resign for purposeful and criminal election interference.

She's fully aware that Mar-a-Lago and other assets are worth much more than she's claiming. Both of these Democrat operatives are a disgrace to New York and to the United States of America. You know, I, I have to admit, I have never been on the receiving end of multiple criminal trials, 91 felony counts and also civil trials, endangering my livelihood and my business and my legal right to operate a business. So I can't say what I would do if I ended up in such a position. I can't say. However, it doesn't strike me as the obviously best strategy to attack both the prosecutor as well as the judge. Now, maybe Trump thinks that the idea of cooperating with them in some way is so far gone, so alien

to anything he would or could be able to do that he thinks it's a lost cause and he might as well go and attack them. Maybe that's what's going on. I don't really know. But this seems like very much the wrong approach. Now we are going to see very quickly. Do any of the arguments that Donald Trump makes in public stand up in court? I know I've been saying this with regard to Trump's criminal trials.

Oh, this entire entire documents case Trump has claimed doesn't even relate to criminal law. It's governed by the Presidential Records Act. That is an argument that legal experts have said is invalid as a legal argument. You make that in court. It's similar to showing up in court. Hey, you're charged with DUI. I don't even recognize the jurisdiction of the police

to evaluate DUI. I just don't even recognize it. This should be handled by something else, by some other venue. And of course, the court would say, OK, that's not a valid defense. You're not mounting a defense. So you're guilty. And here's the punishment. This would not work. Similarly, we are wondering whether the arguments Donald Trump is planning to make or did make in court today have any legal validity. We already know that Letitia James has asked that Trump's lawyers be fined because of the frivolous nature of the arguments that they attempted to make in court. The funniest part of all of this would be, in addition to Trump losing these cases, that

his lawyers are sanctioned for making such stupid arguments. Because remember, being Trump's lawyer is not usually a productive or fruitful endeavor. You often don't get paid and sometimes you get fined or sanctioned. Trump asks you to lie. It goes really poorly. Sometimes when you're Trump's lawyer, you end up having to get a lawyer for yourself. We will find out by tomorrow how today's day in court went. I am anxiously awaiting news of it. We are constantly seeing data breaches in the news. It never ends. Verizon had a breach this year exposing millions of users data. T-Mobile had two big breaches this year, exposing the personal data of 37 million people.

It's a disaster. These companies have a record of everything you do online. And after these breaches, almost anyone can access your data. The real solution is don't let the company see what you're doing in the first place. And that's why I use private Internet access, keeps my data hidden from my Internet service providers, from hackers, from others. I can use it on all of my devices with one account. Most VPNs log your Internet activity. Private Internet access is the only VPN to prove multiple times in court that they don't. This makes them unique. Works with all major streaming platforms, Netflix, Hulu, Amazon to access

content not normally available in your country. Private Internet access is giving my audience a huge 83 percent discount. You can subscribe for two or three a month and get four extra months for free. Go to PIA VPN dot com slash David. The link is in the podcast notes. Donald Trump Jr. had another manic episode. He does not seem to be handling well that the entire Trump business seems to be crumbling. Trump and his legal problems don't seem to be getting any better. In fact, they seem to be getting worse. And this is really crazy. Donald Trump Jr. spoke to a right wing summit

in Texas called the Texas Youth Summit. You know, they talk about right wingers do protecting our children. We need to protect our children from this, that, the other thing. And then they unleash a completely hopped up manic Donald Trump Jr. on the youth of Texas. And it is really just bonkers stuff. Again, we don't know that he's on uppers when he's doing these things, but this is not a normal way to behave. It just doesn't seem like a regular functional person. But here he is in the woodlands, Texas, addressing the youth of our country. If you can imagine Lulule 00 00 00 Speaker 1 Lulu lemon doesn't have a lot of bread. Right. Speaker 4 00 00 00 Speaker 1 And I'm looking at the store, I'm like, there's not a lot of bread in a lululemon. There's not a

lot of bread in the Gucci store. And yet everyone seems like unless you're eating Gucci loafers, which you're probably not. But this is the insanity, you know, remember? Speaker 1 Right. These are really relatable anecdotes, as you can completely understand. Now maybe not shocking. The right wingers are now coming out of the woodwork to defend Russell Brandt. Again, everyone is presumed innocent until proven guilty and allegations are simply allegations. To believe that it is all fake against Russell Brandt. We're now in the court of public opinion. You have to believe that there are, you know, fake text messages from Russell apologizing

for the things he's been accused of that are that are fake or made to make them look bad. You have to believe that there has been an incredible wide ranging conspiracy as always, as always. But that doesn't stop Don Jr. from coming out and saying they're going after Russell. Now it's all bogus. Strange man. Russell Brand, just like Justice Kavanaugh, is apparently, according to these people, a serial rapist. Right. That's terrible. These crazy people sleep. Like, why did this news come out when he was like married to Katy Perry and one of the most famous people in the world? I'm trying to figure that out, you know, because you think if someone was so terrible, he's sort of making the point that contradicts the conspiracy theory. The conspiracy theory is Russell Brand's political

influence has gotten so big that now they need to stop him with false allegations. Of course, as I pointed out, Russell Brand's YouTube channel gets 35 percent fewer views than mine does. And so it's like, is that really believable that that's the reason his political influence is just so big. It's just that they love defending these people. Still very hopped up. Here's Don Jr. referring to The Washington Post as the Washington piece. And he gets kind of that confused look on his face that his dad gets when he glitches Amazon Jeff Bezos, own Washington piece.

You know, well, maybe that Washington piece, you can't get away from it. And then Junior says to the kids at the Texas Youth Summit, if you let these left wingers do what they want to do, you'll be eating bugs. They'll be eating steak, but you will be eating bugs. They'll be fine with you eating bugs. They're going to keep eating steak. Right. But like, as long as they get rid of most of the cows and feed you bugs, you know, someone's got to eat the rest of the cows. Right. It's going to be them, not you.

Right. This is part of, of course, the elitist plot. And then he starts to come down a little bit really sweaty, but I guess coming down and just ranting and raving in a way that does not seem normal. The Democrats on the committee. Play that. No, it's a bipartisan committee. So they call me back to do this.

And the head of the committee at the time took me into the room after another hours of grilling. And again, they're not looking for anything. They know it's a sham. But what they figure is if they get you in a room for 50 hours over multiple months and different committees, maybe you say something just slightly different. Yep. This is the perjury trap argument, which is there are no underlying crimes for any of

these people. The four criminal indictments against Trump, the civil lawsuits bringing Don Jr. in January six committee. Oh, there's no substance of criminality. It's let's get these people interviewed enough times that they might say something that conflicts, meaning a perjury trap of sorts. There is, of course, no evidence that that's what's going on. And it continues to be a shock that Don Jr. is invited to speak to groups of kids. Now, one thing I do want to say, I am not a person that Don Jr. is invited to speak to groups of kids. Now, one thing I do want to say,

I am not a person completely without empathy, as horrible a person as Don Jr. is and as terrible as his political instincts are about what would be good for the country. On some level, I get that he wouldn't be doing well. If my dad were under four criminal indictments, had been impeached twice, was the global humiliation that Trump is was, you know, it was publicly known that he cheated all the time, had bonkers relationships, paying off women civilly liable for rape, and then just made a fool out of himself every time he spoke publicly and maybe is going to spend the rest of his life in prison. I wouldn't be doing well. I don't know that I'd be doing manic hopped up speeches to the Texas Youth Summit, but I also wouldn't be doing well. And we can sort of leave it at that.

This is such a funny moment. I want to go back a little bit to earlier in the show. I mentioned a little bit about Big California Day, Dianne Feinstein, Gavin Newsom selecting her replacement and then Trump campaigning and speaking in California. This is so damn funny. This was either before or after Trump's speech in Anaheim. He went to Santa Monica and he goes to I don't even know if this is a pizza shop or what it is. And he gets heckled. OK, someone yells to Trump. Why are there only 100 people here? I thought you were popular. Brian Glenn is the host of Right Side Broadcasting, and he's also Marjorie Taylor Greene's boyfriend. Brian Glenn is so triggered by someone heckling Trump that he starts doing Trump's dirty work for him. And this is the way the cult works. You must protect

the cult leader. Any time there's criticism. Check this out. This is really good. Speaker 1 Why are you? Are you? Hey, go home. Hey, are you an idiot or what? There's like a hundred people. Why don't you get the hell out of here? What are you doing here? You don't think it's popular? This guy's an idiot, President Trump. This guy's an idiot. I'm going to throw his ass out of here. I'm going to throw his ass out of here.

He's an idiot. All right, let's get over here. Some guy. All right. That's all right. Some guy was heckling in there. Look at the support you have here in California. It's amazing.

People are lining the streets. Thank you very much. We appreciate bless you. We support you. You know that, you know, thank you very much. We must defend and protect the cult leader at all time. Brian Glenn is the epitome beta NPC to use their terms. OK, these are not terms I use, by the way, sirs and ma'ams.

These are not my terms. He is the epitome of the can't think for himself. Beta NPC just playing his pre-programmed role. I'm here to defend Trump. Why are there only 100 people there? I don't know. You're a bad person for even suggesting it. And by the way, Trump, I've spent a bunch of time in Santa Monica by voters who live there. Trump may well be very

unpopular in Santa Monica, but there's all those parts of California. I don't know where they come from, but you get some maga ism. They I don't know if they come from outside Venice Beach and Santa Monica places with a very left wing reputation. But every time I've been there, I see crazy pro Trump signs and different things, probably just anecdotal. But the point is, it's not zero support for Trump. Here's another really funny moment. Trump is asked by a reporter about overstating the values and size of his apartments. And you know, Trump basically just plays down. Speaker 4 Speaker 5 Speaker 6 Speaker 7

Speaker 8 Speaker 9 Speaker 10 Speaker 11 Speaker 12 Speaker 13 Speaker 14 Speaker 15 Speaker 16 Speaker 17 Speaker 18 Speaker 21 Speaker 22 Speaker 23 Speaker 24 Speaker 25

Speaker 26 Speaker 27 Speaker 28 Speaker 29 Speaker 30 Speaker 31 Speaker 32 Speaker 31 Speaker 32 Speaker 34 Speaker 35 Speaker 36 Speaker 37 Speaker 38 Speaker 39 Speaker 41 Speaker 42 Speaker 43 Speaker 44 Speaker 45 So why did you say that? Why did you want to take the size of your apartment by 20,000 square feet? You said your apartment is valuable. My financial statements is for you, by the way. You said it was a rigged deal. My financial statements are much lower than the actual net worth. Trump's just arguing with people in a pizza shop.

And you're a fake attorney general in New York who's driving business out, who's letting murderers run all over the city. Right. They don't do anything to murderers that are running all over the city. And you're a fake attorney general in New York who's driving business out, who's letting murderers run all over the city. Right. They don't do anything to murderers that are running all over the city.

And you're a fake attorney general in New York who's driving business out, who's letting murderers run all over the city. Right. And you're a fake attorney general in New York who's driving business out, who's letting business out, who's letting murderers run all over the city. Right. And you're a fake attorney general in New York who's driving business out, who's letting business out, who's letting murderers run all over the city.

Right. And you're a fake attorney general in New York who's driving business out, who's letting murderers run all over the city. Right. And you're a fake attorney general in New York who's driving business out out who's letting murderers run all over the city. Right. They don't do anything to murderers that are running all over the city. The attorney general is a racist. Leticia James. She ought to be.

So a mush mouth Trump arguing with people about the size of his house and then lumbering off, I guess, to the fundraiser in Beverly Hills. Really not a good weekend for Trump, visibly disoriented during his Anaheim speech, heckled and confronted in Santa Monica, and then trying to raise money from the very people he criticized in Beverly Hills while his son rants manically in front of the Texas Youth Summit. Not a great weekend.

We have a voicemail number. That number is two one nine two. David P. Here is a caller with a question many have asked me. Take a listen to this. Hi, this is David from Lake Horry, Pennsylvania. And I was wondering if Donald Trump is considered a registered sex offender now, and if not, why not? Thanks.

Speaker 1 Very good question. Donald Trump has been found civilly liable for rape. Yes, it's rape, but it's civil liability. The first element to understand as to why civilly liable rapists don't have to register as sex offenders is because there are different legal standards. Criminal cases, you need proof beyond a reasonable doubt, which means that for a person to be convicted criminally of rape, the evidence must be convincing enough to leave no reasonable

doubt in the mind of a reasonable person that the accused committed the crime. Trump was found civilly liable in a civil case, and it has a lower standard of proof. It's usually called the preponderance of evidence proof, which means it's more likely than not, like 50 percent plus one, we would say it's more likely than not that the defendant committed the act in question. So in a civil case, the purpose of of civil law is when it comes to torts like personal injury. And in this context, we're talking about the tort of rape, not the crime of rape. The point is, if there's a preponderance of evidence that you did the thing and you're

liable for it, you compensate the victim for damages. The defendant could be ordered to pay money to the victim, but it is not a criminal trial. Doesn't involve the sex offender registry. The sex offender registry would usually be tied to criminal convictions. And the rationale behind it is public safety. If you're found guilty of a sexual offense in a criminal court beyond a reasonable doubt, you then have to register to inform the public and law enforcement about your past with the idea that by being so informed, you might prevent future such incidents.

If you can look up who are the sex offenders in my neighborhood. Oh, now I know their faces. I guess I can kind of keep an eye out for them or whatever you can. There are varied opinions about sex offender registries. That's not what we are debating here. But the explanation here is civil liability does not invoke the sex offender system because the point is not to determine guilt in a criminal sense, but to determine responsibility for damages. And as a result, civilly liable rapist Donald Trump, which is accurate, which that's why we don't say convicted rapist. We say civilly liable rapist Donald Trump will not have to register as a sex offender. We have such a good bonus show for you today. Bobby Kennedy Jr. is now planning to run as an independent. And both sides are freaking out, saying, wait, does this help Trump or does this help Biden? Why is that a question? Well, the question is because

the people who support Bobby Kennedy Jr., even though he has been a Democrat. Are pretty MAGA. So we're going to talk about Bobby Kennedy Jr. planning to run independent. Number two, there is a bedbug problem in France. I am personally affected by this. I will tell you how on the bonus show and number three, Donald Trump wants Jamal Bowman, Democratic congressman, jailed for pulling a fire alarm. I'm going to tell you what happened. I'm going to tell you the argument that Trump's making and the entire thing. All of those stories and more on today's bonus show. And we will men. That's actually the wrong clip. That's not the bonus show clip. Oh, the bonus show. And we will ban men. That's actually the wrong clip. That's not the bonus show clip. Oh, the bonus show where you want to make money for everybody else that makes money to fund

themselves is bad. Men will not be banned from the bonus show. Neither will nobody gets banned from the bonus show. That's just crazy. Sign up at join Pacman dot com. How did I even do that? Use the coupon code four years for indictments, if you so please. We will see you then and back here tomorrow.