The David Pakman Show - 12/22/23: Giuliani ordered to pay up, Colorado ruling ruining Trump's defense

Episode Date: December 22, 2023

-- On the Show: -- Farron Cousins, host of Ring of Fire and Farron Balanced, fills in for David -- Rudy Giuliani is ordered to immediately start paying the victims he defamed, leading to his filing fo...r bankruptcy -- Special counsel Jack Smith asks the Supreme Court to immediately rule on whether Donald Trump is immune from prosecution over January 6th -- Colorado's Supreme Court ruling that Trump is ineligible to run for president could hurt his defenses in his criminal trials -- Colorado's Supreme Court justices face death threats following their ruling kicking Trump off the ballot -- Trump lawyer Jesse Binnall wants to prosecute the Colorado Supreme Court justices who removed Trump from the ballot -- The 118th Congress has been more damaging than people realize -- Republican Representative Scott Perry is ordered to disclose 1,600 texts and emails to Jack Smith's team -- Ron DeSantis complains that Trump's four indictments are giving the former president an unfair advantage in the Republican primary -- Marjorie Taylor Greene once again calls for "national divorce" -- Kellyanne Conway claims Democrats all drive electric vehicles, get abortions, and think about January 6th too much -- On the Bonus Show: Matt Gaetz says he's next to get expelled, Laura Ingraham claims Democrats want civil unrest, a quarter of Trump supporters won't vote for him if he's a convicted felon, and much more... 🔊 Babbel: Get 55% off your subscription at https://babbel.com/pakman 🥘 GreenPan: Use code PAKMAN for 30% OFF and free shipping at https://greenpan.us 🚽 Hello TUSHY bidets: Get 25% off with code PAKMAN at https://hellotushy.com/pakman 💰 Oxygen: Sign up for a personal or business account at https://davidpakman.com/oxygen 👍 Manscaped: Use code PAKMAN for 20% off & free shipping at https://manscaped.com ☕ Trade Coffee: Get 15% off all gift subscriptions at https://drinktrade.com/pakman -- 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)-2DAVIDP

Transcript
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Starting point is 00:00:00 Welcome to the David Pakman show. I am Farron Cousins from Ring of Fire and Farron Balanced sitting in for David Pakman today. And folks, it's the end of the week. It's been a crazy week. So we have a lot of news to cover. We've got Rudy Giuliani having what might be the worst week ever. Jack Smith trying to cut Donald Trump off at the Supreme Court. Donald Trump's Colorado being kicked off the ballot there. That decision is going to have huge impacts for his other criminal cases that he's facing. And of course, Marjorie Taylor Greene is back out there saying some of the dumbest things you could imagine. So without any further ado, let's get in to today's stories. Starting
Starting point is 00:00:52 off today, Rudy Giuliani has had such a bad week that those three ghosts that are going to be visiting him on Christmas Eve are probably going to have no impact whatsoever because things are already at rock bottom for Mr. Giuliani. The week started with Giuliani, of course, as everybody knows, getting hit with another lawsuit from Ruby Freeman and Shea Moss, because for the life of him, he simply couldn't stop defaming them even after the $148 million jury verdict against him last week. Then after that happened a couple of days later, the judge in the case responding to a motion filed by Freeman and Moss's lawyers said that Giuliani has to pay up immediately. He cannot postpone that. There was a 30 day stay in place. So he had 30 days before he was going to have to make any payments during that time. He could appeal it. Uh,
Starting point is 00:01:52 but the judge, after hearing this, uh, motion from Ruby Freeman and Shay Moss, his lawyers said, I agree with you. He has a history of not paying even just, you know, tiny sums of money that he's already been ordered to pay. He's having trouble paying his lawyers. I am going to remove the 30 day stay and say that Rudy Giuliani has to pay you $146 million dollars immediately. Now, you may be wondering, I just said 148. Why did I say 146?
Starting point is 00:02:25 That's because earlier this week, Rudy Giuliani did get a bit of a gift because the plaintiffs actually agreed to reduce the amount of punitive damages by $2 million. So it dropped from 148 to 146, but apparently that doesn't matter at all because the day after Giuliani was ordered to immediately pay Ruby Freeman and Shay Moss, he filed for chapter 11 bankruptcy, citing $500 million in debt. Now, 146 million of that $500 million in debt is obviously the verdict against him with Ruby Freeman and Shay Moss. But he also has, what do we have here? Uh, 1 million owed in taxes, three and a half million in legal fees. And the rest of it is a lot of potential liabilities
Starting point is 00:03:24 that Rudy Giuliani is facing. The sexual harassment lawsuit from his former employee, the dominion voting systems lawsuit, the smartmatic lawsuit, the criminal proceedings going on in Georgia. So Giuliani is like, listen, I'm tapped out. I got nothing. I have $10 million in cash, according to this bankruptcy filing. And that's it. So the big question is how is this going to impact Rudy Giuliani being ordered to immediately pay Ruby Freeman and Shay Moss? Well, the answer is not quite complicated, but it takes a moment. So bear with me on this. This is a civil trial with the defamation. Same thing, by the way, with the other defamation lawsuits,
Starting point is 00:04:10 civil matter, not criminal. So no matter what, Rudy Giuliani is not going to go to jail for not paying these judgments against him and any future judgment against him. What it does mean, however, is that he's going to lose everything he has because there's several options that the court system has to allow the victims to recoup their money. The first is wage garnishment. That is the most obvious and that is one of the most common. However, we're talking about a man that doesn't exactly have a typical nine to five job and get a bi-weekly paycheck. So it's not exactly like the court system's going to say, okay, every time you get a paycheck, 50% comes out and it goes to these women. Giuliani doesn't get traditional paychecks. I don't even know that he really has like a job job. I know he's got
Starting point is 00:05:03 his Giuliani and associates, but I don't know if that's even doing business because of all of Giuliani's problems. So wage garnishment will happen if Giuliani actually has wages that he reports each year. But to me, that kind of seems like a long shot. What will likely happen is Giuliani will lose every piece of property that he currently owns. And that of course is going to be the seizure of his assets. So anything Giuliani has that is a value will likely be seized by the courts in order to either sell it off at auction and give the money to Ruby Freeman and Shay Moss, or in some extraordinary circumstances, give them the property. So that Manhattan townhouse that Rudy Giuliani has been trying to offload that may become the new residents of Freeman and Moss. Uh,
Starting point is 00:05:57 maybe it becomes a rental property for them who knows, but Giuliani, because he's now filed for bankruptcy is likely to lose everything. And that's actually what the judge, Beryl Howell, had been afraid of with this 30 day stay that originally was in place for Giuliani that she got rid of. She was afraid that Giuliani was not only just never going to pay, but that he was going to try to shift around assets. She also, you know, kind of suggested that, listen, when you do hold properties like Rudy Giuliani does that do have value to them. And you know that those could be seized and given to the plaintiffs. What worries
Starting point is 00:06:35 the courts is that you're going to basically do like a fire sale and say, Hey, I've got this condo worth 6 million. I'll sell it to you for half a million right now. So you don't have to give that property up to the people. You sell it for pennies on the dollar and then you say, oh no, I don't have any money and I don't have any assets. The judge was afraid of that. So that's why she made that decision. With Giuliani now filing for bankruptcy, what's likely to happen at this point is that they're going to freeze everything. Not with the case, but I'm talking about freeze all of his assets. You don't get to touch anything. You don't get to move anything. You don't get to sell anything. Everything
Starting point is 00:07:14 you have is now on hold. You want to go, you know, down to the little newsstand and buy a pack of gum. You got to run it through us first. So that is probably what's going to happen now, but things are bad for Giuliani. This particular defamation lawsuit is just one of several that he's facing. And honestly, the penalty for this one is probably going to be lower than the one from Dominion and Smartmatic. So by the time all this is over, Rudy Giuliani will not only have nothing left to his name, but he will have also ruined that name as well. No more America's mayor. He's going to be remembered by history as the crackpot lawyer who got himself in trouble
Starting point is 00:07:59 while trying to get his client out of trouble. Not exactly the best legacy to leave, but it's the one he chose. And speaking of his client being in trouble, Donald Trump, I don't know if you know this, he's facing some problems here. Trump's lawyers this week went to the Supreme Court. They filed their response to Jack Smith's motion last week, asking the Supreme court to not only hear whether or not Donald Trump has immunity, but to give him an expedited hearing on it. The Supreme court last week said, oh heck yeah, we'll do that. Now Donald Trump's team was allowed time to respond, which they did this week. And they told the
Starting point is 00:08:42 court that, Hey, why don't you cool your jets a little bit? There's no need to rush any of this. Donald Trump's lawyers told the justices on the Supreme court, like we need to, you know, make sure everybody takes their time and goes through this properly. We don't want to rush anything. Let me read you. This is from their filing. This is what they said. The court should be resolved in a cautious, deliberative manner, not at breakneck speed. We don't need to rush to decide the issues with reckless abandon, they said. They then finally addressed Jack Smith's issue, which of course is the fact this is of public interest, right? This whole trial, everything that's going on kind of something the public needs resolution to as quickly as possible. And he's right. So
Starting point is 00:09:32 Trump's lawyers address that. They said he confuses the public interest with the manifest partisan interest in ensuring that president Trump will be subjected to a months long criminal trial at the height of a presidential campaign where he is leading. He is the leading candidate and the only serious opponent of the current administration. The combination of an almost three year wait to bring this case and the special counsel's current demand for extraordinary expedition supported by the vaguest of justifications creates a compelling inference of partisan motivation. Pretty argument. None of it's a legal argument though. Like you filed a motion with the United
Starting point is 00:10:11 States Supreme court that actually does not contain a legal argument. In fact, that argument is so bad. It actually seems like it was dictated by Donald Trump and then lawyered up by his counsel. Like, it's just like, he's a partisan hack and he's trying to rig the election. Okay. That's not a legal argument though. Like Jack Smith presented legal arguments and legal reasoning. You were given the opportunity to do the same thing and you actually decided to bring politics into this. So on Thursday, Jack Smith already submitted a rebuttal to Trump's filing. And here's what Jack Smith had to say in his latest filing. The public interest in a prompt resolution of this case favors an immediate
Starting point is 00:10:58 definitive decision by this court. The charges here are of the utmost gravity. This case involves for the first time in our nation's history, criminal charges against a former president based on his actions while in office and not just any actions, alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election. The nation has a compelling interest in a decision on respondent's claim of immunity from these charges. And if they are to be tried a resolution by conviction or acquittal without undue delay. Now that's a legal argument pointing out the fact that, listen, this man has been charged with delaying an act of Congress that perpetuates the peaceful transfer of power. He has been accused of violating
Starting point is 00:11:47 that. And that is of utmost importance for everyone in this country to know whether or not a jury is going to say you're free to go or you're free to go to prison. Jack Smith's got a good, solid argument. Donald Trump and his lawyers as per usual do not, but ultimately the Supreme court's going to have the final say in this. As I mentioned last week, the Supreme court did tell Jack Smith, yes, we'll take your case and we will also expedite it unless Trump gives us good reason not to. Personally, I don't think Trump gave them good reason not to, but we're dealing with what is definitely the most corrupt Supreme court of my lifetime, possibly the most corrupt Supreme court ever. So logic and reasoning and rationale and past precedent means nothing to
Starting point is 00:12:37 this court. So we have no idea, like we can't even attempt to predict what they will or will not do. I think that's a waste of time, but whether or not they grant the expedited appeal hearing kind of doesn't matter because Jack Smith already has an ACE up his sleeve because at the same time that he asked the Supreme court to go ahead and bypass the appellate court, which is what made Donald Trump mad because he wants it all delayed to delay the trial. Jack Smith also filed with the appellate court and asked them, Hey, I know I'm skipping you guys, but do me a favor. I want y'all to go ahead and also hear the case.
Starting point is 00:13:19 So the appellate court is also going to hear the case, uh, within the first week and a half of January. So even if the Supreme court agrees with Trump, like, oh, okay, well the lower court needs to decide, well, great. That starts today. Here we go. So Jack Smith covered all his bases because he's smart and he knows what he's doing. Trump's lawyers are arguing politics. Jack Smith is over here like bing, bang, boom. I got you no matter which way you go. I'm playing chess. Y'all are playing connect four. Like we're not even in the same game anymore. That's how great Jack Smith has been at all this. And that's why I do have a lot of faith in him. It's the court system that I have no faith in. Um, like if this were a normal
Starting point is 00:14:01 country with normal courts and not, you know, just this partisan hackery that we have, I would think a hundred percent Jack Smith's going to get him convicted on every count on every case, including down in South Florida. But down in South Florida, Trump's got judge Eileen Cannon, even with the overwhelming amount of evidence. And, you know, I, I think Cannon's still going to try to get him off with the Supreme court. A normal court would look at these things and be like, oh yeah, he's making legal arguments. They're over here arguing politics. We got to go with the legal, legal arguments in this case, but it's not a normal country. It sure as heck isn't
Starting point is 00:14:42 a normal court system. So we're stuck with what we've got and we're going to have to wait and see how things roll out. Listen, I am Farron Cousins. You can find me on YouTube at youtube.com slash the ring of fire, youtube.com slash Farron balanced. And I'm at Farron balanced on Twitter, Facebook threads, Instagram, and TikTok. I'm sitting in for David Pakman today, and we'll be right I'm sitting in for David Pakman today, and we'll be right back with more on the David Pakman, the David Pakman show host. night I made a beautiful brisket. It not technically a Hanukkah brisket, not yet, but could be, could be. I made it in my green pan slow cooker. The results are amazing. Super easy to clean up. You can brown in the pot. I don't need to brown on the stove. I can do it all in the slow cooker.
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Starting point is 00:17:33 You don't need a plumber. You install it takes eight minutes or less. Super easy. I got one and it is fantastic. And with over one hundred thousand five star reviews, every bidet comes Thank you so much, David. Welcome back to the David Pakman show. I am Farron Cousins from Ring of Fire and Farron Balanced, and I am sitting in the David Pakman show. I am Farron Cousins from Ring of Fire and Farron Balanced, and I am sitting in for David Pakman today. Now this week, obviously the big news, Trump being kicked off the ballot in the state of Colorado after the state Supreme Court ruled that yes, he did engage in an insurrection and under the insurrection clause of the 14th amendment, he is barred from being on the ballot in 2024 and technically beyond. Now the fallout from that continues to happen. And one of the big things that folks need to understand that it's a bit of
Starting point is 00:18:59 a complicated thing. So I'm going to try to explain it as best I can is that this decision from the Colorado state Supreme court is absolutely going to have an impact on other criminal trials that Donald Trump is facing. Now, probably not going to have any impact at all in the New York hush money case or the documents case down in Florida, but the trial in Georgia and the federal trial for trying to overturn the election results, the one in front of judge Tonya Chutkan, um, yeah, the decision of these judges is absolutely going to play a role in those trials. And here's why first and foremost, Donald Trump has had his lawyers in both of those
Starting point is 00:19:42 cases file motions for dismissal based on the fact that you're prosecuting Donald Trump has had his lawyers in both of those cases, file motions for dismissal based on the fact that you're prosecuting Donald Trump for his speech. He is protected by the first amendment. You cannot prosecute him just for saying things. My gosh, what kind of a country is this? They argued in front of the judges. In fact, they literally earlier this week filed a motion for dismissal in Georgia, arguing that Trump was protected under the first amendment, even though they're, they're prosecuting him for, you know, conspiracy to overturn the election results. They want to twist it and say, no, what you're really doing is prosecuting his speech. Well, even if that were the case, which it is not, however, this ruling from the judges in Colorado actually negates all of that in a very interesting way.
Starting point is 00:20:34 Now, let me read you this. This is coming from Hugo Lowell from MSNBC. And he said, the DC district court has also, you know, rejected Trump's arguments that the speech makes him immune from prosecution because they found, well, the judge essentially found that it is not immunizing if the speech was in furtherance of a crime. And I think the fact this is piling up necessarily has to change his legal calculus going into the new year. So how is that related to anything? Well, it's related in this way. Part of the ruling from those judges in Colorado is effectively saying that Donald Trump, his speech, the things that he said was in furtherance of a crime, that crime
Starting point is 00:21:22 being the aiding or assisting or tacitly supporting an insurrection. And yes, that is a crime, that crime being the aiding or assisting or tacitly supporting an insurrection. And yes, that is a crime. So because this court has now said that that kind of speech was in furtherance of a crime, Trump's arguments in these other cases that he's being prosecuted for his speech, the prosecutors can come back and be like, you know what? Yeah, you are. And we have legal precedent now telling us that your speech was in fact criminal. So if you want to go that route, you want to walk into this courtroom and make that argument. We've now got the legal precedent telling us that your speech was illegal. So not exactly a winning argument. However, there's a caveat to that. And it's a very important caveat. Obviously this is going to go in front of the U S Supreme court.
Starting point is 00:22:14 And depending on how the U S Supreme court rules could determine whether or not this argument can be used to say that Trump's speech was in fact criminal. And I'm not just saying that it depends on if the court upholds the decision or rejects it because even a rejection could still leave the door open for this argument to be used in court. And here's how that would happen. And this is where, you know, people start to get a little, you know, cloudy eyed because this is important. What the Supreme Court determines doesn't necessarily matter if they're saying yes, he's banned or no, he's not banned. Accepting or rejecting the ruling is not what's at stake. It matters what parts of the
Starting point is 00:22:59 ruling they reject. If the Supreme Court says that the 14th amendment does not apply to Donald Trump, it only applies to Congress or any lesser office. Therefore Colorado's ruling cannot stand. If the Supreme court uses that argument, then the prosecutors in the criminal cases can still pull from the Colorado ruling and say that, listen, they determined his speech was criminal. Therefore we can use that against him over here. But that's only if the Supreme court doesn't issue a ruling negating the criminalization of the speech. And that honestly is probably the most likely scenario that we'll see coming from the Supreme court. They're not necessarily going
Starting point is 00:23:53 to overturn the rationale of the Colorado court. What they would do is simply say, this law does not actually apply to this guy. Therefore he's okay to be on the ballot. If they don't touch the rationale of the ruling, then that can still be used in the other trials. If they say that the court's determination was faulty, that the language was wrong, that their decision was ultimately wrong, then it would pretty much prevent prosecutors from being able to use it. So those are the different scenarios, but I do think overall as a whole, it's going to come back and bite Trump in these criminal trials. But until that happens, we still have to deal with the fallout in Colorado. Well, we don't,
Starting point is 00:24:43 but the judges on that Colorado state Supreme court sure as heck are. According to a new report from NBC news, the judges on the Colorado state Supreme court in just the couple of days since that ruling came out have been essentially inundated with death threats from rabid Trump supporters. Now I'm going to read a couple of these, just be warned. Some are graphic, some are vulgar. I'll do my best to censor where I can, but let me read you this compiled by NBC news. These are posts just from truth social. One of them said, this ends when we kill these effers. So right out of the gate, we're starting with, we can end this by killing these people. A call for death. Another one tried to tell a joke and
Starting point is 00:25:35 said, what do you call seven justices from the Colorado State Supreme Court at the bottom of the ocean? A good start. Another one said, this is probably one of the most brutal, kill judges, behead judges, roundhouse kick a judge into the concrete, slam dunk a judge's baby into the trash can. So the pro-lifers actually have no problem with slam dunking a baby into a trash can. That is, that is a great, uh, pro-life message from these lunatics. Uh, they also added that, uh, some of the posts noted a variety of methods that could be used to kill those perceived as Trump's enemies, hollow point bullets, rifles, rope, and bombs. Those are other words that appeared in other messages from truth social users
Starting point is 00:26:26 talking about ways to get rid of these justices. This is familiar, right? This is sadly becoming a trend. Anytime Donald Trump gets in trouble, his rabid followers come out and attack the people that are holding Trump accountable. Because at the end of the day, that is what this is. These people are not going after Trump because they hate him. They're just following the letter of the law. These judges in Colorado looked at the 14th amendment. They looked at what Trump did and they said, yeah, this is what the 14th amendment was for. They didn't go out of their way to, you know, grasp at straws to come to this decision. They did it because it was the letter of the law.
Starting point is 00:27:09 So that Trump voters off. They now want to kill these people. These are not idle threats. These, these are, I mean, these are instructions, kill judges, behead judges. That's not saying I wish somebody would, or man, wouldn't it be great if he was this person, he or she was literally saying, go do this. Because if you understand the English language, right? When somebody says kill judges, the understood subject of the sentence is you, right? Because there's, there's no, there's no noun
Starting point is 00:27:47 there. So it's you kill judges, you behead judges. That's how grammar works. But this is a pattern, right? It happened with the FBI when they went to Mar-a-Lago, you had a lunatic show up at an FBI field office in Cincinnati wanting to kill people. It happened with the charges in Georgia. The grand jury had their information doxed, released to the public by Donald Trump supporters. It happened with Alvin Bragg. It happened with the judge in Manhattan. It happened with judge Arthur Ingeron.
Starting point is 00:28:19 It happened with Fonny Willis. It happened with the other judge overseeing that case. Unfortunately, the name escapes me at the moment. Happened with judge Chutkan, which of course is why Donald Trump has that gag order against him that has been upheld by the appellate courts, but it happens every time. And what's really weird to me, and I pointed this out over at Ring of Fire as well, is the fact that Trump didn't have to come out and attack these judges by name. He was actually, honestly, almost a little more tame than usual with this decision, but
Starting point is 00:28:52 his supporters have become so trained. It's like this Pavlovian response where Trump gets in trouble. Okay. We're immediately supposed to go out and issue the death threats. That's what happened here. He doesn't even have to call them to action anymore. He doesn't even have to get them riled up. They're so trained that they just automatically know to do that now. Like when the bell rings, they salivate even without Trump offering them the food. That's what's happening here. And that is why it's so
Starting point is 00:29:22 terrifying because any slight against Trump. Now these people immediately rushed to the most extreme and the most extreme is their thought that yeah, now we need to go kill people, but that's not the only idiotic and extreme response earlier this week. One of Donald Trump's lawyers man, by the name of Jesse Banal appeared on real America's voice, where he appeared the name of Jesse Banal, appeared on Real America's Voice, where he appeared to suggest that the justices on that Colorado state Supreme Court might be criminally charged, criminally charged for their decision to remove Donald Trump from the ballot. Here is what Jesse Banal, who is an appellate attorney for Donald Trump, here is what he said
Starting point is 00:30:03 on Real America's Voice. What needs to happen is there are already federal statutes on the books about violation of civil rights and the color of law. Every single one of these people, and when we actually have a real Department of Justice, should be held to account for their decision to throw our justice system into the fire effectively and leave the rule of law that has made our country so special over the years and instead decide to make decisions based on politics and not the law. There needs to be accountability. So just to be clear, he's not outright saying these people will be criminal pro criminally prosecuted, but he said, when we have a quote, real DOJ, you know,
Starting point is 00:30:43 there needs to be accountability. So the lawyer is definitely smart enough to know I can say certain words, but I can't say other words. But at the same time, it's still pretty stupid to go out there and even remotely imply that there could be prosecutions for sitting judges for decisions that they hand down. Now, much like a politician cannot be prosecuted for passing a piece of legislation that you don't like, or that impacts you negatively. You cannot prosecute a judge for handing down a legal decision. And I have to assume that this lawyer both went to law school and passed the bar. So this lawyer, Jesse Bonnell, has to know that. And he's sitting there, well, you know, the civil, you can't violate their civil,
Starting point is 00:31:34 Trump's civil rights were not violated. This was the color of the law. They looked at the constitution. As I said, they looked at the 14th amendment constitution, 14th amendment of insurrection clause says this, Trump did this. How do we reconcile the two? Well, he violated it. Just because you disagree with a court opinion doesn't mean that you can prosecute them for it or that you should even threaten that that possibility could exist if Trump gets back into the white house. What you could have done as a mean that you can prosecute them for it, or that you should even threaten that that possibility could exist if Trump gets back into the White House. What you could have done as a good lawyer is gone on real America's voice, or maybe go on a real network and say this, we disagree with this
Starting point is 00:32:18 ruling. We think it is absolutely a misinterpretation of the constitution. And I am thankful that we are going to be able to go in front of the U S Supreme court and get this matter straightened out, hopefully sooner rather than later. But this was the wrong decision. The court messed up tremendously. And we're going to prove that when we get to that Supreme court, I have no doubt. End of statement. That's all you had to do. But instead you once again reminded the country that if Donald Trump gets back into the white house, he is going to weaponize the DOJ as Republicans have claimed Democrats are doing, and he's going to use it to prosecute anyone that he feels has ever wronged him. So I do want to thank you for reminding us how horrible a second Trump term would be. I'm pretty sure your talking point is not going to do anything to gain new support for your client. Listen,
Starting point is 00:33:11 I am fair and cousins from ring of fire and fair and balanced. I am sitting in for David Pacman today. We got to take another break, but we have lots more to talk about when we come back. Our sponsor oxygen is really the online banking app that you didn't know you needed. Oxygen back. business because oxygen will incorporate your small business for you while separating your personal and business banking to make things like invoicing payroll and taxes easier. You can get up to five percent cash back on business expenses, up to an impressive six percent on personal spending with their debit cards, which is amazing. And then on the personal banking side, oxygen lets you send and receive money with your friends and family using peer to peer payments, easy to split a bill,
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Starting point is 00:35:42 Manscaped liquid formulations and two free gifts. Manscaped boxers 2.0 premium underwear with I'm David Pakman, the David Pakman Show. at manscaped.com. That's M-A-N-S-C-A-P-E-D.com. Use code PACMAN for 20% off and free shipping. The info is in the podcast notes. David today. If you don't recognize my name as Farron Cousins, you may know me as one of David's loyal viewers called me last time I filled in David's sarcastic cousin. So thank you to whoever had posted that on one of the videos. I did see it. It has stuck with me and honestly, I kind of like it. I don't mind being referred to as David's sarcastic cousins, but if you want more from me, by the way, you can follow me youtube.com slash Farron balanced youtube.com slash the ring of fire. And I'm at Farron balanced on Twitter, Facebook, Instagram, threads, Tik TOK, all of those at Farron balanced. Now on a serious note, we got more news to talk
Starting point is 00:37:03 about. So let's jump right in. If you were wondering what Congress has been up to this year, as they all head off on their Christmas and new year's breaks, the answer is nothing. Absolutely. Positively nothing. A new report from Axios this week has revealed that there have only been 20, 20 pieces of legislation this year that have passed both the house and the Senate 20. Now this is officially the worst Congress in terms of doing absolutely nothing in my lifetime. In fact, other Congresses that were referred to as do
Starting point is 00:37:46 nothing. Congresses still managed to pass at least 70 pieces of legislation, but this year 20. And we have the Republican majority in the house of representatives to thank for that. Obviously this year got off to a bad start for Republicans in the house when it took them several weeks to finally agree to make Kevin McCarthy, the speaker of the house, which they then took away from him at the end of September. And then it took them three more weeks to pick Mike Johnson. And let's face it, he has been even worse than Kevin McCarthy. But in terms of significant pieces of legislation this year, Republicans, as this Axios report points out, literally did the bare minimum.
Starting point is 00:38:29 They averted a government shutdown, not once, not twice, but thrice. And it's not so much that they averted a government shutdown. I mean, it was a shutdown that was looming by their own design. All they did was kick the can down the road each time, you know, okay, well, we'll do this. We'll do the bare minimum to keep it going for a few more months. And then, okay, we'll do it again. All right, now we'll do it again because they couldn't even agree on how to keep the government open. And that is literally the best thing they did all year was not let it shut down. The bare minimum of keeping the doors open is what this Republican Congress gave us.
Starting point is 00:39:14 But they did give us, you know, other things. They, they gave us star witness after star witness telling us that there is no link at all between Hunter Biden's businesses and his father, even though Republicans desperately tried to prove that and they kept hyping it up every time. Well, we got a witness coming in next Tuesday. Somebody's coming in Thursday. They're going to blow the whole thing out of the water. We've got whistleblowers.
Starting point is 00:39:40 They're going to tell us every dirty deed and time after time, these Republicans wasted our time because these star witnesses came in and said, yeah, I mean, Hunter Biden did some bad stuff, but you know, his, his, his dad wasn't actually involved in it. Oops. Nevertheless, they voted a couple of weeks ago, week or two ago to formalize the impeachment inquiry into president Biden, unanimous consent among every Republican in the house of representatives to formalize that impeachment inquiry. They done nothing else all year, but they did all band together to vote, to formalize
Starting point is 00:40:20 that impeachment inquiry. Even the ones, the Republican lawmakers who admitted we have no evidence, every one of them still voted for it. So the reason I'm talking about this, not just because obviously this reports out showing this is the worst do nothing Congress of possibly ever, but because I also want to talk about this president Biden's poll numbers, right? They're bad. And let's be honest. His poll numbers are not good. His approval rating this week is what 34, somewhere between 34 and 37%. That is terrible. But the question I have is why look at what Republicans have given us. They've literally
Starting point is 00:41:08 given us nothing this year. Meanwhile, jobs report after jobs report blows the next one out of the, or the previous one out of the water, exceeding expectations. Unemployment has dropped to a low, lower than what was predicted. So we're beating expectations on job creation, beating expectations on unemployment. Inflation is cooling. We were headed towards a recession, but now we're not. So crisis averted. The Dow industrial average hit 37,000 points, a record high last week. Things look pretty good. Gas below $3 per gallon. It's pretty good. So how is president Biden suffering from such a horrific approval rating when he's doing good things? Republicans are either doing absolutely nothing or doing bad
Starting point is 00:42:01 things like banning books and trying to legislate the LGBTQ community out of existence. And yet Trump's pulling ahead of this guy. Trump's out there using rhetoric borrowed from Adolf Hitler, poisoning the blood of our country. And the polls show him beating him. I don't buy it. It doesn't make any sense unless I'm the crazy one. Maybe it is. Maybe that's the case. Maybe I'm the one who just simply can't see the truth, but I can look at the data. I can look at what's happening in this country. I can compare it to what was happening a couple of years ago. And I see things are not great. Things are not perfect. There is a lot of work to do, but are as a whole things better now than they were three, four years ago. Yeah, heck yeah, they are. No question
Starting point is 00:42:56 about it. So that's why I don't understand Biden's approval rating. I don't understand how he's losing to Trump in these polls, unless the polls are just so wildly off and unreliable these days that polling shouldn't even exist. And honestly, I'm leaning towards that. As a political science degree holder, part of my course studies back in college were taking classes on doing political polls. There's a lot of math involved, a lot of things, but polling back then, God, I'm dating myself with this. It was the early two thousands. Polling back then was a heck of a lot different, right? You call somebody up on a landline telephone. You've got the information right there in front of you. That's how you do a poll. Today, it's a little iffy. That's why we're seeing margin of errors,
Starting point is 00:43:47 margins of error in polls today that sometimes can be up to 6%. Now, when I was taking my polling courses, the first thing that professor told us, and the last thing the professor told us on the first day and last day, if a poll has a margin of error greater than 3%, all the results are garbage. Don't even think about it. But because polling today is done so differently and done so unreliably, we're seeing margins of error consistently. Like if you see 3%, that's like the lowest you typically see. So again, with my background, with my training, with my eyes and ears, knowing what's happening in elections with Democrats over-performing and Republicans underperforming with the economy doing better with Republicans doing nothing.
Starting point is 00:44:35 I'm sorry. I don't buy this crap that president Biden is in a ton of trouble. I know the polls are telling us otherwise, but trust me, those polls should not be completely trusted right now. They were way off in 2016. They were way off in 2020 and I'm telling you it's not as bad as it seems. Now, does that mean Biden shouldn't be worried? No, he should be worried. They should adjust their messaging. They should do lots of things. We need universal student loan debt forgiveness. We need pushes towards Medicare for all. I don't think we're going to get that with this administration,
Starting point is 00:45:13 but we're definitely not going to get it with anything from the other side either. But again, when you look at what Republicans have done this year, outside of Congress, I'm talking about the state level. We're banning books. We're taking away women's bodily autonomy. We're legislating the LGBTQ community out of existence. They are persecuting people for the sake of winning political points. The Democrats are not doing that. So I don't care if you're
Starting point is 00:45:47 one of those people who think I'm mad at the Democrats for not being left enough. I get you. Look, I'm with you by the way, but they're not trying to legislate your person. Republicans are and it's hurting people. It's driving people towards depression and sometimes worse. And I am never going to just sit back and say, well, both sides are the same. No, they're not. That's a dumb argument made by people who are not intelligent enough to vocalize a real political argument. I don't get Biden's polls. I don't think it's fair. And I think he's doing much better than those polls reflect. The Republicans on the other hand, we now have the hard data to show that they're not doing anything. And I'm going to pick the moderate progress that
Starting point is 00:46:40 we've had under Biden versus literally nothing every day of the week. And while we're talking about members of Congress, Republican representative Scott Perry from Pennsylvania did not have such a good week when a U S district court judge ruled that he has to turn over over 1600 of his electronic communications to special prosecutor Jack Smith. Now, Scott Perry, again, Republican Congressman, Pennsylvania was instrumental in the attempts to get his good buddy, Jeffrey Clark installed as the acting attorney general following Bill Barr's departure before January 6th, but after the November, 2020 election, Perry wanted Clark to be the guy. He also was trying to get Pennsylvania to throw out their electoral college votes.
Starting point is 00:47:34 And Perry actually had a cell phone seized by the FBI in August of 2022. So it's been over a year that the government has been fighting to get access for the, to these messages. And they finally were given access this past week, at least on paper, thanks to this ruling by a U a chief us district judge, James Boasberg. Now Boasberg argued in his decision that Perry's actions, trying to throw out these electoral college votes, you know, trying to get Clark installed at the DOJ, none of that is protected by the speech or debate clause. This was not, as Perry had argued, part of your regular job as a lawmaker. Like it had nothing to do with it. So you cannot shield these 1600 records from special prosecutor, Jack Smith. These records include,
Starting point is 00:48:27 and we know this thanks to a leaked court, uh, filing earlier this year, uh, Politico revealed key aspects of the messages Perry had sought to shield from Smith's team, including exchanges with Trump's alleged co-conspirators and the effort to disrupt the transfer of power. The messages showed Perry as a crucial go between for Trump and his allies on key aspects of their effort in the final frantic weeks of Trump's presidency. And now Jack Smith's going to get his hands on those. Now we don't know if Smith is looking to charge Perry criminally. That is something that could happen. But what we do know is that this is just further evidence of Donald Trump's efforts showing how far the tentacle spread out. And of course the tools like Scott Perry that he used
Starting point is 00:49:15 to try to achieve the ends. We have to take another quick break. I am Farron Cousins sitting in for David Pakman today. We'll be right back with more. roasts, a ton of selection, customization. I've been enjoying trade coffee for years, which is why I asked them to be a sponsor of the show. A subscription to trade is a great holiday gift for any coffee lover. You choose how much do you want to spend? Trade will help your recipient personalize coffee to their preferences. You don't have to worry about shipping or deadlines. The trade coffee subscription is delivered instantly to their email inbox. Perfect as a last minute gift. If you ask me, trade is where you should go for a superior coffee experience at home.
Starting point is 00:50:16 It's the best curated for you. Coffee delivered to your door when and how you want it. I get my espresso in a lighter roast the way I like it. I get my French press and Chemex in medium dark the way I like it. Whether you know what you like or you need some help figuring it out, trade coffee makes it super easy. Give the gift of amazing coffee. Give them an experience that will last all year from now until December 25. Trade is giving my audience Welcome back to the David Pakman show. I am Farron cousins. I have been sitting in for David all day today and I want to thank him by the way, for this opportunity. I really love doing this. It's honestly, it's becoming second nature at this point. I've been filling
Starting point is 00:51:19 in for David for many, many years now going back even way before COVID. So I love the opportunity. I love talking with y'all and I hope y'all enjoy me. I'm not asking everybody to love me, but if you do make sure you go subscribe to my YouTube channels. You can find me youtube.com slash fair and balanced and youtube.com slash the ring of fire. We're closing in on a million subscribers over at ring of fire. So, Hey, if you like what I have to say, go subscribe to me over there. Let's push us over that million mark. So we can at least get, you know, halfway to what David has over here. Uh, this monumental behemoth of a YouTube channel and media company that David has, you know, launched. It's just
Starting point is 00:52:01 absolutely phenomenal. Anyway, we've only got a little bit of time and we've got a lot more to cover. So let's jump right back into it here, folks. Ron DeSantis in an interview with the Christian Broadcasting Network this week, lamented the fact that Donald Trump has been indicted because Ron DeSantis seems to think that had Trump not been indicted, then DeSantis wouldn't be doing so horribly in the Republican primary. Here's what DeSantis had to say. I would say if I could have one thing changed, I wish Trump hadn't been on dieted on any of this stuff. It just crowded out. I think so much other stuff and it's sucked out a lot of oxygen. Yeah. Sucked out a lot of oxygen.
Starting point is 00:52:47 What do you think would have happened if Trump hadn't been indicted? I mean, listen, DeSantis has a point here. Every time Trump has been hit with more indictments, which, you know, it's kind of becoming a common theme. Um, his poll numbers go up. That's a given like that is happening. That is quantifiable. We can see it happen. It's it defies logic. I mean, you would think the opposite, but we're dealing with people who defy logic. So now it makes sense.
Starting point is 00:53:15 But DeSantis seems to be laboring under the delusion that if Trump hadn't been indicted, his campaign wouldn't have gone completely down in flames, which is simply not true. DeSantis was already losing to Donald Trump before the indictments came down. I mean, he's losing to him by like 40 plus points now, but he was losing to him by like 20 points back then. So even if Trump hadn't been indicted, all things staying the same, you still wouldn't be the front runner, Ron. So I don't know what you're complaining about because your failures as a candidate are not because Donald Trump got a boost from the indictments.
Starting point is 00:54:00 Your failures as a candidate are due to the fact that you're a weird, creepy guy that nobody likes to be around. And from what we've seen on video, you don't like to be around other people either. Like you're just kind of awkward. You do that weird, like tongue thing. You can't even stand like a human when you're at the debate stage. It's just weird. You're off putting and you should be off putting based on stories that have also emerged this year. But listen, your personal weirdness aside, you also have nothing to run on. All you've done as governor of Florida is oversee some of the largest culture wars that this country has ever seen. You know, attacking the LGBTQ community, starting the book banning trend. That's now going viral in Republican states, banning critical race theory, even though it wasn't
Starting point is 00:54:56 being taught in the schools. And of course we can't forget your abortion ban. Now you were one of the last people in the game on that one. Other red States got a jump on you, but you still came in strong after you got your fight with Disney that you're losing. And by the way, most of those signature accomplishments I just mentioned are all being challenged in court. And so far the ones that have been decided to Santas has lost. Meanwhile, Florida has seen more than 20 of the largest insurance companies in the state
Starting point is 00:55:28 completely abandoned us, leaving us with fewer choices for home insurance. And the few that are left are of course jacking up the prices. He allowed the power companies in the state to just converge into one giant monopoly, which quadrupled our power rates here in the state. Many of us, myself included, saw our power bills jumped from $250 a month to literally more than $1,000 per month. Yeah. So you may be weird and creepy, but that's not exactly what's turning people off the most. What's turning people off the most is that you've done a horrible job of turning Florida into this just horrible cesspool of insanity.
Starting point is 00:56:12 And then you told the country you want to make America, Florida. They look down here at us and they said, oh God, thanks. But no, thanks. You can keep that to yourself. So even if the indictments hadn't hit Donald Trump and boosted him in the polls, trust me, Ron, your campaign would have been just as big of a failure. And speaking of Republican failures, Marjorie Taylor green came out this week. Once again, for the third time calling for what she calls a national divorce. Here's what green put on Twitter. And yes, I know I shouldn't call it
Starting point is 00:56:58 Twitter. It's not called Twitter. It's Twitter. I refuse to call it by that single letter. That is stupid. So here's what she put on Twitter. America's in a constitutional crisis. The admin is enabling a full-scale border invasion and harboring illegal migrants. The courts are engaging in judicial tyranny. The government is politically weaponized against the people. Soon, National divorce may be our only option. Look, I know that like you're going through a divorce or you recently went through a divorce and you want everybody to suffer with you. I get it. Like that's actually not uncommon. You know, part of human nature for some people is, Hey, if I'm suffering, I think everybody else should suffer too. But let's be real about your calls for a national divorce here, Marjorie. You do realize how badly that's going to screw over
Starting point is 00:57:49 red States, don't you? I mean, a recent report just came out saying that red States and blue States are effectively on paper, at least just different countries. Life expectancy in red States is significantly lower than it is in blue States. The rates of poverty are significantly higher in red States than they are in blue States by nearly every metric red States are performing far worse than blue States. And yes, that even includes the crime rates worse in red States than blue States when you add them all together. So I don't know. No, I'm kidding. Marjorie, if we went through with a national divorce, which you've said in the past would be the red States of their own country, the blue States of their own,
Starting point is 00:58:35 it's going to end poorly for the red States. Now it's not going to be smooth sailing through calm seas for the blue States either. I mean, most of the red States is where a lot of the agriculture for the United States comes from. So there would be, you know, issues with us getting food and whatnot, but at the same time, most of the money is in the blue States. And that money of course, is what funds the red States so that they can keep functioning with the farm subsidies, with the Medicaid, the Medicare, the social security, you all leave the blue states and you don't get that anymore. So suddenly your rates of poverty skyrocket. You've already got doctors fleeing red states because they're no longer allowed to actually give women healthcare. So you're going to be
Starting point is 00:59:22 left without medical care. All the good colleges would be in a different country in blue country under Marjorie's plan. So once those red state kids, you have to go to blue state colleges. They're probably not coming back. So the red States descend into just pure hell. And Marjorie Taylor green thinks that's a wonderful plan. Obviously a national divorce is not ever going to work. Red state, blue state doesn't matter. We are the United States. We're all in this together. It is our job to help each other out. Even when red States elect the worst politicians that continue to cripple their States, the blue States come along paying enough in taxes, providing the financial
Starting point is 01:00:05 security to allow these States to keep functioning. That's what we should do. Hopefully those voters eventually wake up and stop doing it. But until then the blue States have your back. So stop calling for a national divorce because the kids aren't going to want to live with you. They're going to want to go live with blue state daddy. And finally today, Kellyanne Conway, White House counselor under Donald Trump, Kellyanne Conway is back folks. And she went on Fox news this week to pretty much attack everyone on the left with the most absurd, just weirdest thing I have ever heard. Kellyanne Conway got on Fox News this week and said this. I just think that Democrats wake up every morning and they look at the calendar on the iPhone and it says January 6th, 2021. The date never changes. And then they get into an electric vehicle and go get an abortion. I just described the democratic party to you in seven
Starting point is 01:01:05 seconds. That's it. That's what I see. Yeah. I got to tell you, do you know how annoying it is to have to wake up every morning and take my wife to the abortion clinic? I mean, good God, it's a little tiring, right? I mean, you know, I may got my punch card. He's the 10th one's always free, but just abortions every day. And the line gets longer and longer each time. Uh, it's really tough being a liberal in this country. I got to tell you, and you got to make sure the electric vehicles charged, you know, cause the abortion clinic I'm in Florida.
Starting point is 01:01:35 So you gotta, we gotta go out of state and we gotta get through multiple red States to get to one. That's a lot of charge on the electric vehicle. I'll tell you what, here's the problem. Here's what pisses me off about the statement. I'll tell you what, here's the problem. Here's what pisses me off about the statement. This is not a serious statement from a serious person. However, she's talking to the millions of people watching Fox news. So she is talking to millions of people telling them these totally just stupid, made up, make-believe things that they, they
Starting point is 01:02:03 believe it. Like that's why we have to talk about stupid things like this. Trust me, we don't enjoy it. Like when it's stupid like this, this is what we have to deal with though on the left. These idiotic attacks from unserious people. It drives us all crazy. We would much rather talk about economics. We would much rather talk about climate change, but it's talking points like these from people like Kellyanne Conway that actually resonate with the right. So we have to get out there and talk about them and talk about how stupid they are. It's a vicious cycle. And thanks to Republicans, it is unfortunately a never ending cycle.
Starting point is 01:02:48 That is all the time we have for today's David Pakman show. I've got a wonderful bonus show coming up for you, including Matt Gates thinks that he may be the next person expelled from Congress. So you don't want to miss that. If you're a member, if you've enjoyed me, I'm Farron cousins, you can find me youtube.com slash Farron Balanced, youtube.com slash, uh, the ring of fire and Twitter, Facebook, Instagram, TikTok, and threads at Farron Balanced across all those platforms. Thank you all so much for tuning in. Have a great weekend. Have a wonderful holiday next week. And I'll talk to you next time. David needs me to talk to you. Thank you very much.

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