Will Cain Country - Making The Case Against Indicting Donald Trump

Episode Date: June 12, 2023

Story #1: Arresting former President Trump makes America just like the rest of the world. Story #2: If we've established that pride is about sex, then why does it always involve children? Story #3: A lap around the sports world with Will.   Tell Will what you thought about this podcast by emailing [e-mail]   Follow Will on Twitter: @WillCain Learn more about your ad choices. Visit podcastchoices.com/adchoices

1. Arresting Trump makes us just like everyone else. Understanding the indictment of Donald Trump. 2. We've established that pride is not about civil rights. It's not about identity. It's about sex. It's about your kink. then why is it always about children? Three, Manchester City is the champions of Europe. Texts with my boys and why we love sports. It's the Wilcane podcast on Fox News Podcast.

What's up? And welcome to Monday. As always, I hope you will, download rate and review this podcast wherever you get your audio entertainment at Apple, Spotify, or at Fox News Podcasts. Just when you think you're tough, And just when you think you're raising men, you see a story about some kids in a plane crash in Colombia. Kids age 13, 9, 7, and 1, roughly.

In a plane crash in the jungle of Columbia where all of the adults were killed, their parents, sadly killed in the plane crash. And the kids missing for 40 days. But all of them survive, emaciated, starving, exposed to the elements, but alive. These kids survived for 40 days in the jungle of Columbia. How? The story goes that these kids were actually raised in an indigenous community out there in the wilds of Columbia. They knew a lot about what fruits to eat and what fruits not to eat. The oldest knew how to take care of a baby.

They knew how to hunt, they knew how to fish, they knew how to take care of each other. And these kids did it for 40 days with no adult. Ultimately, the authorities in Columbia found these kids, they're all alive now and safe. But man, just when you think you've taken some pride or some concerted effort, a real focus on raising strong young men, you really have a moment to step back and go, not three days. I don't think they would make it three days. I wouldn't make it a week. These kids made it 40 days.

Story number one. Understanding the indictment of Donald Trump. In leading up to the takeaway is that simply, we're just like everyone else. Donald Trump was indicted late last week by special prosecutor Jack Smith. He's scheduled to be arrested in Florida. on Tuesday for violations involving the Espionage Act, obstruction of justice, and the willful mish handling of classified documents. When you look over the indictment and you see some of the evidence that has been so far suggested and marshaled forward, the truth is it's not good

for Donald Trump. There were clearly documents involved in these boxes held at Mara Lago that should not have been at Mara Lago. There were clearly documents that were of classified nature that Trump knew were of classified nature and held inappropriately. There's reportedly an audio tape wherein Trump says to someone a guest at Mara Lago, hey, look at this. This is secret. I should have declassified it. I never did. So you probably couldn't get too close to it. But take a look. In that audio tape, should it exist, as I just described, it would be obvious that Trump hadn't declassified some documents and was mishandling them in some inappropriate fashion.

But understanding that this is not good for Donald Trump is much different than believing this is worthy of an arrest and an indictment, whether or not it's worthy of the Department of Justice. under Joe Biden, potentially, potentially, jailing his primary political rival for president of the United States. Let's walk through the legality, the history, the evidence, and the precedent of incidences that are similar to the case against Donald Trump. Legally, the case is being made largely under the guise of the Espionage Act. The Espionage Act dates back to 1917. It was I believe originally implemented for those who were looking to avoid the draft during World War I, working against the interests of the United States in World War I.

The Espionage Act has been criticized for quite some time as being extremely flexible and capable of being used by the government against any parties simply which they do not like. The Espionage Act, though, is where the government will attempt to rest their case. The question will be whether or not the Presidential Records Act takes precedent over the Espionage Act. There's something like 37 counts in this indictment. I believe 30 of them, approximately 30 of them, are related to the willful mishandling of classified documents. Now, the Presidential Records Act says that the president has ultimate authority over the designation of whether or not documents are public or private. it, those documents involved in his office. There is precedent for the use of the Presidential

Records Act to keep some stuff within the possession and the ownership of a former president of the United States. A few years back, Judicial Watch, a conservative organization, sought to get their hands on some private recordings, some private tapes that Bill Clinton maintained as president. The story was these tapes were squirled away. They were hidden in Bill Clinton's sock drawer. But the judge in that case when Judicial Watch took it to court said that this was within the sole discretion of Bill Clinton to designate what is of the Presidential Records Act, what is personal, and what is available for public use. The Trump defense has already filed a brief wherein they have invoked the Presidential Records

Act. I'm going to read to you their claim. When he made the decision, When he made a designation decision, he was president of the United States. His decision to retain certain records as personal is entitled to deference. And the records in question are thus presumptively personal, said the brief, by Donald Trump. This is in fitting with the holding of the trial judge in the Bill Clinton case, who ultimately denied turning over those tapes to Judicial Watch, gave ultimate authority to Bill Clinton. Now, again, the government is going to try to get around the Presidential Records Act

by suggesting that the markings on the documents when it comes, we'll never know what was inside of those tapes for Bill Clinton. But the markings in the documents when it comes to Donald Trump were marked classified or highly classified, and those fall under the Espionage Act. Legally, I think, although we've had different legal experts on this program from time to time, question whether or not this is going to hold water. But legally, I think there's still an argument to be made that Donald Trump as president of the United States has the ultimate ability to declassify any document. The purpose of the classification system is to keep people

without high enough authority from seeing sensitive documents. There is no one of higher authority than the president of the United States. There is no classified document that would be incapable of being seen or possessed by the president of the United States. And then, by virtue of his office, he would have the power to declassify whatever document. Whether or not he needs to go through some process, file some paperwork, I think is going to be up for debate, up for the court. But it ultimately, this issue of whether or not the president has the power to declassify leads us then to the potential. severity of the charges. So I say to you at the top of this, it's not good for Donald Trump. A audio tape of him acknowledging that these are not declassified documents suggests that even if he had the power to declassify, he didn't declassify.

It's not good for Donald Trump, but that's not the end of the story. I was pulled over for speeding yesterday. I was pulled over, 52 and a 35. Was I speeding? Yes, it was a traffic violation. Was it worthy of the officer's time and effort? Did it accomplish a measure of justice to write me a ticket to get me and others on that road to slow down? That's a legitimate question. By the way, the officer in that situation decided no.

It wasn't worthy. He simply asked me to slow down. So is it worthy? Even if it's not good for Trump, even if the case, is going to be bad for Donald Trump. What is he guilty of? This is where we have to be very real. The left will hyperventilate.

The left will talk about the nuclear codes. They will talk about a threat to national security. They'll even imply and have implied that Donald Trump was going to auction off highly classified secrets of the United States to the highest bidder. That he represented a threat to the United States. that's hyperventilating falsehoods it takes only a sober mind not a partisan to see that as true so what is the severity of a case that is not good against trump well before we get into precedent let's talk about intent for just a moment let's go back to that idea that Donald Trump has the power to declassify even if there's an audio tape that suggests he didn't declassify again what is the point of the classification system it is a is to keep it from people who are not supposed to see it. The intent is to guard America's national secrets. Does anyone really believe that Donald Trump was sharing with the highest bidder or celebrities

or anyone, secrets that compromise the United States? Does anyone truly believe that what we're looking at here was the plot of a Jason Bourne movie? Does anyone truly believe that this was the beginning of an action thriller, a straight, to Netflix episode that what we were truly talking about was something that kept the Joint Chiefs of Staff up at night? Does anyone truly believe that's what this is about? No. Again, common sense, sobriety, understanding.

What we understand with the intent of this classification system that we're talking about the President of the United States is that it was designed to keep other people from seeing documents. Now, was Donald Trump keeping these documents in some unsafe fashion right there for anyone to walk in on, for anyone to see? Was Donald Trump flaunting them? There is no evidence to suggest that is the case. And then, in order to understand the severity, we begin to dive into history and into precedent. How serious does the United States government take the even willful inappropriate handling of classified documents?

documents. Here, let's lean on recent history. Sandy Berger was a national security agency advisor under the Bill Clinton campaign. Burger had classified documents that he did not have the power to declassify and took them out of a classified setting. He was prosecuted for this. What happened with Sandy Berger? Sandy Berger received two years probation. and 100 hours of community service. We can also find other examples in recent history. General David Petraeus of military fame during the Iraq and Afghanistan wars. David Petraeus had classified documents that he shared.

We know that he shared them willfully with his lover, a journalist with whom he was having an affair. He too was prosecuted. What did David Petraeus get? he also got two years probation and was fined $100,000. That was the extent of the punishment for David Petraeus. And I think what you'll find is when it comes to the mishandling of classified documents, the cases against Berger and Petraeus are some of the harshest punishments.

That slap on the wrist, some of the most serious. it's been taken the mishandling of classified documents we can go to other situations in recent history Joe Biden the sitting president of the United States which is found to have we don't know how many documents in various locations

I believe his presidential office at the University of Penn his library a senatorial library a vice presidential library who knew it's worth pointing out these were documents from when he was vice president Again, not the highest of the hierarchy, not the top of the food chain on the ability to designate classifications. Also, he held them in his garage next to his Corvette in Rehoboth Beach, Delaware.

Their stories, Trump is suggesting he has documents also at an office in Chinatown in Manhattan. What is the government's approach to Joe Biden? Nothing. Not only no charges, no investigation. What about Mike Pence, Vice President, under Donald Trump? After the raid on Mar-a-Lago, Pence says he initiated a review of his documents at home now in Indiana, and he found some classified documents. He then turned them over.

Everyone likes to point out the willingness with which Pence or Biden turned over their documents, that Trump willfully obstructed justice and did not hand them over. Well, what's odd about that is Pence and Biden, didn't hand them over until it became an issue with Donald Trump. They weren't readily checking all the boxes, crossing their T's and dotting their eyes. They were holding them inappropriately, although secretively, for a long period of time, as long a period of time, longer than Donald Trump when it comes to Joe Biden, dating back to his years as vice president.

And then he sees, under his own DOJ, the hypocrisy of going after Donald Trump, and then turns them over? That's not exactly willful participation cooperation. Still, no charges against Mike Pence. How about an incident a little bit more on the nose? Hillary Clinton, former senator, former secretary of state, had in her possession 30,000 documents, many of which, we don't know exactly how many, marked secret or classified.

It seems to be something that people wave their hand at more readily because they were not physical documents, they were emails, stored on her own personal server. She was keeping her emails on her own personal server that is outside of a government classified setting. That's been such a joke. It's been turned into such a joke. She had hats made up called, but her emails emblazoned across the front. When Trump was indicted last week, she put out a picture of herself with a hat, but her emails. LOLed and asked for money. used it as a fundraising operation.

Hillary Clinton destroyed some of that evidence. That is known with what's called a bit bleach software, went through the emails, destroyed those that might have had classified markings. We'll never know. Does that sound like cooperation? Or is that obstruction of justice? And what was done in the case of Hillary Clinton? What's the precedent?

Well, James Comey then leading up the FBI, said, we're not going to press charges. It wouldn't be good for America. She's running for president. In my understanding, it's not the FBI's choice on when and when not to press charges. That's the province of the Attorney General, the Department of Justice. But the president was set, and under President Trump, the DOJ, was not weaponized to then go after Hillary Clinton on these charges, to force the FBI. Despite what President Trump might have said about lock her up, he didn't then, in turn, try to lock her up.

For the exact same thing that now, virtually, the exact same thing now, Donald Trump has been indicted and will soon be arrested. The precedent is clear. The recent history has been laid out. There is no parallel for throwing the book, 30 counts, each carrying potentially 10 years in prison, for the mishandling of classified documents, much less pursuing that. charge against a former president of the United States. What could go on now? What could happen?

Well, Donald Trump has said he'll continue to run for president. Let's look at the future. He will not sit out. If he is convicted on these unprecedented, minor, according to precedent, minor charges, Donald Trump could be convicted and could potentially face jail time. That would not technically stop him from running for president. Eugene Debs famously ran for president from a jail cell, socialist.

Debs was encouraging people not to send up for the draft in World War I, I believe he was prosecuted under the Espionage Act. Debs got a million votes from jail. for president. Trump could run for president on the issue of extending himself a pardon. If Trump bows out, Ron DeSantis could run for president on the issue of extending Donald Trump a pardon. Donald Trump could win presidency, win the presidency. He could lose the presidency. He could not receive the pardon. Joe Biden could be reelected. And we could see a former president pursued to the fullest extent of the law over relatively minor charges. And that leads us to the takeaway.

It sounds like an editorialization for me to call this relatively minor charges. But precedent in history tell me that's the right characterization. When we can come up with examples of people who have been prosecuted, they've received two years probation, Petraeus and Berger. When we have seen more on the nose similar examples like Clinton, there's no prosecution. So why are we seeing the book thrown at Donald Trump? for what may be bad, but amounts to a traffic violation. We're seeing it because the United States is quickly slipping into being like everyone else. I have said this so many times on this podcast, and it cannot be underlined and highlighted enough, printed in bold.

The United States is a unique experiment in human history with its constitution, its checks and balances. It's various branches of government, its respect for civil liberties. The United States is an aberration. The story of mankind is tribalism and violent struggles for power. In modern times, that has simply been dressed up through fake political processes. We can go throughout history and find easily evidence of political parties locking up their opposition. In fact, it would take. take me forever. We could talk about, we could talk about Russia and Vladimir Putin locking

up people like, I want to get their names right, locking up Alexi Navalny for one. He actually locked up another political opponent as well. And of course, we know that in places like Russia, Putin regularly get something like, what, more than 90 percent of the the vote. It's not just Vladimir Putin. We can find, we look across Venezuela. Hugo Chavez and Nicholas Maduro have jailed many opponents, including someone like Leopoldo Lopez, and a judge, a local police officer, a former army general, anyone who opposed them as leaders. In Zimbabwe, Robert Mugabe, he jailed Morgan Svon Garay, a presidential candidate and opposition leader. It's happened in Iran. It's happened in Zambia. It's happened in Yambia. It's happened in

Uganda. It's happened in Egypt. It's happened in Ukraine. In fact, it's happened all the time. It's not a challenge to come up with other countries where presidents lock up their political opponents. In fact, according to Axios, since 2000, at least 78 countries have jailed or prosecuted former leaders, including, of course, it's happened as well in Mexico. The point is the United States is different. We have been different. We have been special. Our experiment from its founding was special. But we have been now well embarked on an effort to destroy every aspect of what makes the United States different from the course of human history. We have seen our history attacked, our documents, our constitution, our values, our principles. We have seen every institution weaponized, everything that made us unique, including our culture, which is under absolute assault. We have seen everything deteriorated, attacked, destroyed, to make us like everyone else. Joe Biden's Department of Justice under Merrick Garland, employing a special prosecutor in Jack Smith, bringing relatively minor

charges, unprecedented in terms of applying them to a former president, and unprecedented in throwing the book at this type of violation, much less pursuing it at all, has walked down a path that is foreign to us in the United States of America, but is common in foreign countries. What we are becoming, sadly, if we see this pursued, a former president, pursued by his political opponent, thrown into the court system, and potentially jailed, is the United United States once again becoming just like everyone else. We'll be right back with more of the Will Cain podcast. This is Jason Chaffetz from the Jason in the House podcast.

Join me every Monday to dive deeper into the latest political headlines and chat with remarkable guests. Listen and follow now at Fox Newspodcast.com or wherever you download podcasts. Following Fox's initial donation to the Kerr County Flood Relief Fund, our generous viewers have answered. the call to action across all Fox platforms and have helped raise $7 million. Visit go dot Fox forward slash TX flood relief to support relief and rebuilding efforts. Story number two.

We know that pride is not about where you're from in the famous words of country music artist Riley Green. Pride is clearly not about civil rights. Pride is not even about identity. Pride is clearly about sex. it's about kink we established that in the last episode of the will cane podcast it's about what you're into what gets you off then why is it always displayed in front of children am i not supposed to do the math you know as we look at june and pride month it's hard to avert your eyes from the public displays of kink and while you're doing so if you happen to glance to the left you might actually see as well something that you become accustomed to when it comes to american school classrooms that's the presence of children in front of this sex there's a picture going around right now

of a lady holding her child i don't know toddler smiling on the streets of some urban environment as some dude in a banana hammock g-string is splayed out on the ground twerking up and down against the asphalt right there for the child to see by the way the wall street journal just reported last week that facebook's property instagram has been busted for having its algorithm allow pedophiles to coordinate with each other under, oh, hidden guises. I think pizza, shockingly, was one of the codes they could use to talk together to help find their perverted material. Are we not supposed to do the math on the fact that this stuff is constantly used to put children

in the place of an audience? Look, man, as we talked about last week, You're into bears, you're into bears. I don't care. Why is it when you want to do a drag show, it always needs an audience of children? Why is it that this movement that is so clearly about kink, one that needs to flash itself to kids? We've got to do the math, and we cannot deny. You're going to pretend it's under the guise of acceptance and tolerance, and that's where everyone wants to land.

I like everybody. I don't have a problem. Do you. Love. Love is love. Is love? Love when it comes to taking your child to a strip club, to showing your five-year-old a hustler, to saying, hey, son, check it out. Let's sit down and watch some U-Porn.

Is love, love, in those scenarios? Then why is it okay for, what, mildly more G-rated versions of such to be displayed on our city streets? In our children's classrooms, because that's the thing. As much as we might see, and you can see anything on the streets in these pride parades. What about it meeting our kids in their classrooms? And that's a fact. Look at the books to somebody like Ron DeSantis is trying to quote unquote ban. They're sexually explicit material.

So why is your sex and your kink, first of all, in public? Why is it celebrated as though it's an identity? Why is it displayed during a month on the streets of every urban environment? And ultimately, why is it put in front of children? And why is this currently our cause celeb? The White House this week displayed the latest LGBTQIA plus flag from the banners of the White House with the American flag flanking it. Last week we talked to you about the San Francisco Police Department flying the pride flag, you know, with the what is it called a Chevron, the triangle, the sideways triangle that now has the trans and everything else in it. and the police officer saluting it.

Insanity. But at least in that scenario, at least, this is a small least, it flew under the American flag. Now the Biden administration is flying it not just on par with the American flag, but in the middle with two American flags flanking, which violates by the way flag code, which, I mean, it's the White House. If there's one place to obey the flag code, it might be the white house. It might be the White House.

But now we're subservient. The United States of America is subservient. One nation under pride? What in the absolute hell is going on? Pride flags have taken over every government institution, every city square. It's everywhere. It's our new religion. It seems to be our new ideology, our new cultural center point.

It seems to be what we're going to be. We're supposed to rally around our government. And as much as I tell you this is about kink and about sex, and I believe that it is, there's actually a philosophical cancer underneath that as well. Think about the pride flag. Stripe after stripe after stripe, right? And you have to keep adding stripes. And now you've added the circle, which I believe is for intersex.

While we're at it, by the way, I said this on Fox Friends this weekend. LGBTQIA plus. I mean, we know that's not covering all of the new bases, right? So if you're in the plus category, are you offended? Like, do you feel like ellipses? Like, oh, yeah, and you two plus. If you don't get a letter, you feel like an afterthought, right? So how long until we add another letter?

You know, in Canada they have, they added a letter and a number. LGBQIA 2S, 2-Spirit. I think it's a Native American thing. So how long until we have letter inflation? What is the rate of letter inflation among the alphabet people? Is it one a year? Are we adding a new letter once every 18 months? I think that's fair.

That's probably the pace of letter inflation. So here's a bet for you. That's what I said on Fox Inference. What comes first? Or on Twitter. What do you think comes first? We add a new letter, which you know we will because the plus is insufficient. Or we lose a letter.

Does the B get banished before we add a new letter? Because the B is incompatible. right bisexual incompatible it suggests two genders to sexes to attractions we're well beyond two we're pan baby we're big time we don't even think a plus can cover it we gotta keep adding so we can have the bee sitting around here acting like there's only two things you could be into that's like opening a box of creolas and then having one of them just say you know there's really just two colors. No. No. Black and white. No, sir. There are a lot of colors in the Crayola box in the rainbows. And how dare you believe the world exists in black and white? How dare you believe

there's just two? B's got to go. The only real question is, does B go before a new letter is added? But I don't remember exactly my train of thought, but it was about all of this becoming the new state religion, the new state center point, the new state government. It's the philosophy of the flag. I know what I was going to say. It's that all these different stripes keep being added because it suggests you need a new representation.

But what happens every time you draw a new strike? You divide it further. You separate. You know, it's like that famous saying, America was supposed to be a melting pot, a soup, not a salad bowl. We weren't supposed to be a bunch of different ingredients just happened to be existing in the same bowl.

Yes, we brought with us our different flavors, our different backgrounds, our cultures, but it ultimately melted into one assimilated United States of America under one common symbol. The stripes in that case representing our original colonies. The division of America is the deeper underlying philosophy, deeper than sex, deeper than kink, probably deeper than this math we can't avoid, which is leading us towards children.

And that philosophy is divide us in order to conquer us. We fight about these relatively small things. And trust me, it doesn't stay small forever. Identity takes us right back to where we started. Tribalism. Divide us into our tribes so that we can be conquered. Like the Native Americans and why they couldn't win a war against the expanding colonies of the United States of America.

because they were not united. They were tribes unto themselves. Dividing America once again into tribes based upon identity, based upon sex, based upon color, based upon everything, so that we can be conquered, so that we can be controlled. We're going to step aside here for a moment. Stay tuned. Listen to the all-new Brett Bear podcast featuring Common Ground.

In-depth talks with lawmakers from opposite sides of the aisle, along with all your Brett Bear favorites like his All-Star panel and much more. Available now at foxnewspodcasts.com or wherever you get your podcasts. Story number three. This past weekend, the soccer team that my boys and I root for, Manchester City of Manchester, England, won the elusive for them Champions League of Europe. They've already won the FA Cup in England.

They've already won the Premier League in England. and although almost universally recognized as the best team in Europe for quite some time, coached by, if not the best, one of the two or three best coaches of all time, Manchester City had yet to prove it on the European stage. Manchester City had yet to prove it against Europe's best. So they squared up against Inter Milan this past weekend, and finally broke through and won the game one to nothing. I'm not going to bore you with something I know you don't love, which is soccer,

but instead tell you a different lesson from this moment in sports. For me, my sons, my family, and why we love sports. The whole time, we were texting back and forth. We were all in different locations. I was in New York, one of my sons with his friends at a lake. Another son was at his own soccer, or footsall game. He plays footsall, which, by the way, is awesome. I'm not going to also belabor that with you.

I love footsall. but he was playing his own footsall game and we were all texting during the game and it was awesome it made me think about this one good friend of mine back in the day when we were at law school together during every university of Texas game he and his dad would text all game long

I'd be like what are you doing man why are you texting all the time during the game it's like I'm texting with my dad and like they weren't together physically but they were talking they were experiencing it they were sharing it together I just remember back then thinking that's awesome like you're an adult now

your dad's an adult and you're communicating as friends over this thing that you have this shared love and you're calling each other and texting each other. Bill Simmons, the sports writer, often talks about that with his dad as well, sharing all these moments, texting, calling after games. It's really awesome. And I got to kind of do that for the first time on something we all cared about. We'd all seen failure on numerous occasions, heartbreaking losses in the past last year in the semifinals against Real Madrid. And we were also excited and texting one another. made me think they're only 12 and 15 but you know we can i get it like soccer will i don't care man

i do love the game i absolutely love the game i love the history i love the theory the tactics the skill but more than anything man i love that it is there and i hope it's not the only thing i hope they love football i hope they love the cowboys and i hope they love the longhorns i hope they love the Mavs and the Rangers. But we already have at least a thing, and I love that, that maybe it's only text. Maybe we get together and watch. Maybe we take trips again to go see games. But I love that.

We have that. And we had that on Saturday in Champions League with Manchester City. All right, that's going to do it for me today here on the Will Kane podcast. I will see you again next time. Listen to ad free with a Fox News podcast plus subscription. on Apple Podcast and Amazon Prime members you can listen to this show

ad free on the Amazon music app. Fox News Audio presents Unsolved with James Patterson. Every crime tells the story, but some stories are left unfinished. Somebody knows. Real cases, real people. Listen and follow now at Fox Truecrime.com.