WEBVTT

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DISTRICT OF NEW YORK, KRISTY

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GREENBERG, ALONG WITH CIVIL

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RIGHTS ATTORNEY AND FORMER

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PROSECUTOR, CHARLES COLEMAN.

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WE HAVE HAD THE HOUSE JANUARY

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6th COMMITTEE HEARINGS, THE

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INITIAL SPECIAL COUNSEL ELECTION

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INDICTMENT, AND NOW THIS UPDATED

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FACTUAL

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FACTUAL PROFFER, WHAT’S NEW IN

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HERE?

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>> THIS IS A 165 PAGE DOCUMENT

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WITH NEW EVIDENCE THAT READS

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ALMOST LIKE A NOVEL.

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THERE’S A LOT OF INTERESTING NEW

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TIDBITS INCLUDING IN THE

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IMMEDIATE AFTER MATH OF THE

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ELECTION, EVEN AS THE VOTES WERE

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BEING COUNTED, THERE’S TESTIMONY

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THAT TRUMP STAFFERS WERE TALKING

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ABOUT CONCOCTING PROTESTS AFTER

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THE SO-CALLED BROOKS BROTHERS

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RIOT THAT HAPPENED IN 2000.

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ONE IS QUOTED AS SAYING, MAKE

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THEM RIOT.

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AND THEN YOU HAVE A TRUMP

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STAFFER TESTIFYING THAT DONALD

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TRUMP HIMSELF WAS OVERHEARD

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TELLING FAMILY MEMBERS WHETHER

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YOU WIN OR LOSE, YOU HAVE TO

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FIGHT LIKE HELL, SUGGESTING THAT

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EVEN IF HE KNEW HE LOST, HE

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WOULD STILL TRY TO FIGHT TO STAY

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IN POWER, WHICH IS EXACTLY WHAT

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THE SPECIAL COUNSEL SAYS HE DID

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AND BROKE THE LAW DOING SO.

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THE MOST INTERESTING REVELATIONS

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COME AROUND HIS INTERACTIONS

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WITH VICE PRESIDENT MIKE PENCE,

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AND BASED ON FIVE PAGES OF

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CONTEMPORANEOUS NOTES THAT THE

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JANUARY 6th COMMITTEE AS FAR AS

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WE KNOW DID NOT HAVE ACCESS TO

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AND WE HAVE NEVER SEEN BEFORE:

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IT’S FASCINATING.

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IT PORTRAYS MIKE PENCE TRYING TO

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GENTLY AND GRADUALLY TRYING TO

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CONVINCE DONALD TRUMP THAT HE

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LOST AND IT WOULD BE OKAY TO

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LEAVE THE WHITE HOUSE AND THAT

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THEY COULD CONSIDER IT AN

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INTERMISSION, HE COULD RUN

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AGAIN.

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THEN IT SHOWS TRUMP TURNING

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AGAINST PENCE WHEN IT BECAME

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CLEAR THAT PENCE WAS NOT GOING

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TO STOP THE CERTIFICATION ON

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JANUARY 6th, AND THEN IT TAKES

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US UP TO THE MOMENT THAT THE

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RIOTERS WERE POURING INTO THE

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CAPITOL, AND DONALD TRUMP WAS

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TOLD THAT MIKE PENCE WAS IN

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DANGER, AND TOLD AT ONE POINT

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THAT HE HAD BEEN EVACUATED TO A

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SECURE LOCATION AND THE AIDES

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WERE HOPING THAT THE PRESIDENT

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WOULD ORDER SOME KIND OF ACTION

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TO PROTECT HIS VICE PRESIDENT,

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AND THIS DOCUMENT QUOTES DONALD

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TRUMP AS SAYING, SO WHAT.

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>> SO THAT’S A LOT ALONE, AND

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IT’S JUST SCRATCHING THE SURFACE

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OF WHAT IS IN HERE.

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VAUGHN, WHAT ARE WE HEARING FROM

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TRUMP AND HIS CAMPAIGN?

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HAVE THEY DISPUTED ANY OF THE

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FACTS OF THIS FILING?

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>> NO, NOT AT THIS POINT.

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FOR THE TRUMP CAMPAIGN, YOU TURN

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ATTENTION TO DONALD TRUMP’S

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SOCIAL MEDIA.

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LITERALLY MINUTES AFTER THIS

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FILING WAS PUBLICLY RELEASED,

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DONALD TRUMP BEGAN POSTING ON

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HIS SOCIAL MEDIA ACCOUNT SAYING

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IN PART THAT IT’S A FALSEHOOD,

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UNCONSTITUTIONAL J6 BRIEF.

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IT’S WORTH NOTING THAT DONALD

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TRUMP, THOUGH, IS NOT REFUTING

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ANY OF THE ACTUAL SUBSTANCE OF

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WHAT IS INSIDE OF THIS DOCUMENT.

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HE IS NOT REFUTING THAT HE PUT

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PRESSURE ON VICE PRESIDENT PENCE

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OR OTHER REPUBLICAN LAWMAKERS

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LIKE GEORGIA GOVERNOR BRIAN

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KEMP, AND ARIZONA GOVERNOR DOUG

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DUCEY, WHICH IS OUTLINED INSIDE

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OF THIS FILING, AND IT DOES NOT

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INCLUDE ANY REFUTING OF HIS

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CONVERSATIONS THAT HE HAD WITH

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THE LIKES OF RONNA McDANIEL, RNC

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CHAIRWOMAN, AND OR CLOSE ALLY,

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STEVE BANNON OR OTHER ADVISERS

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TO HIS CAMPAIGN.

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AT THE SAME TIME, WE EXPECT,

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BASED OFF A REQUEST FROM TRUMP’S

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LAWYERS, THEY HAVE SOUGHT FROM

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JUDGE CHUTKAN TO HAVE AN

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ADDITIONAL FIVE WEEKS ADDED ON

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FOR THEM TO BE ABLE TO RESPOND

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WITH THEIR OWN FILING TO THE

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JACK SMITH FILING, SO OF COURSE

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THIS ALL COMES DOWN TO WE DON’T

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EXPECT MUCH MOVEMENT HERE BEFORE

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ELECTION DAY ON THIS.

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BUT AT THIS POINT IN TIME, IT’S

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UP TO DONALD TRUMP AND HIS

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CAMPAIGN TO RESPOND IN KIND, AND

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INSTEAD OF ACTUALLY REFUTING

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SPECIFICS AS PART OF HIS

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160-PAGE FILING, DONALD TRUMP IS

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JUST OUTRIGHT DISMISSING IT IN

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ITS ENTIRETY, THE BASIS THAT THE

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INDICTMENT WAS BROUGHT AGAINST

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HIM.

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>> THE SPECIAL COUNSEL MUST

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PROVE THIS CASE INVOLVES PRIVATE

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CONDUCT.

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THAT IT HAS NOTHING TO DO WITH

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PRESIDENT TRUMP’S OFFICIAL ACTS.

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THAT WAS BECAUSE OF THE SUPREME

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COURT’S RULING.

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BASED ON THIS NEW FILING, WHAT

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YOU’RE READING HERE, DOES IT

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LOOK LIKE JACK SMITH’S CASE IS

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HARDER TO PROVE?

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>> NO, I THINK BASED ON WHAT HE

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HAS SET FORTH HERE, HE’S SET

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FORTH A LOT OF DIFFERENT

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CATEGORIES OF CONDUCT THAT SEEM

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TO BE PLAINLY PRIVATE.

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HE TALKS, FOR EXAMPLE, ABOUT

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DONALD TRUMP’S INTERACTIONS WITH

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VARIOUS STATE OFFICIALS, AND HE

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PAINTS A REALLY DISMAL PICTURE

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WHERE DONALD TRUMP IS RIGHT IN

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THE CENTER OF IT.

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HE IS OUT THERE NOT ONLY TRYING

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TO PEDAL ALL KINDS OF KNOWINGLY

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BOGUS ELECTION FRAULDD CLAIMS, B

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WHEN THE VARIOUS OFFICIALS OF

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THE STATES SAY, NO, THAT’S NOT

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TRUE, WE’RE NOT GOING TO

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OVERTURN OUR ELECTIONS, WE’RE

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GOING TO FOLLOW OUR PROCESS, YOU

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KNOW, DONALD TRUMP THEN STARTS

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TO, YOU KNOW, PUBLICLY ATTACK

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THEM, AND RETALIATE AGAINST

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THEM, AND IT’S NUMEROUS PEOPLE.

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IT’S GOVERNORS, IT’S HOUSE

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SPEAKERS, STATE LEGISLATURES, I

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MEAN, IT’S REALLY STRIKING TO

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SEE, AND IT’S, YOU KNOW, HOW IN

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THE WORLD COULD THE SUPREME

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COURT LOOK AT THAT AS BULLYING,

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AND TELLING PEOPLE NOT TO DO

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THEIR JOBS AND SAY THAT IS

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SOMEHOW WITHIN HIS PRESIDENTIAL

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AUTHORITY.

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THE PRESIDENT HAS NO AUTHORITY

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TO ENGAGE IN WHAT STATES DO AND

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HOW THEY CERTIFY, YOU KNOW,

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THEIR VOTES, SO, AGAIN, YOU

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KNOW, THAT’S JUST ONE EXAMPLE.

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THERE ARE MANY MANY EXAMPLES

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THROUGHOUT THIS, WHERE JACK

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SMITH REALLY GETS INTO THE

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DETAILS AND REALLY PAINTS A VERY

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CLEAR PICTURE AS TO WHY THIS IS

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UNOFFICIAL CONDUCT.

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>> SPEAKING OF DETAILS, THERE’S

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A LOT OF NEW DETAIL IN HERE

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ABOUT DONALD TRUMP’S PRESSURE

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CAMPAIGN, HIS THEN VP MIKE

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PENCE, AND THE SUPREME COURT

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MADE IT VERY HARD FOR TRUMP’S

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PRESSURE CAMPAIGN INVOLVING MIKE

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PENCE FOR THAT TO BE A PART OF

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THIS CASE.

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RIGHT?

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PRIVATE CONVERSATIONS BETWEEN A

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PRESIDENT AND A VICE PRESIDENT.

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BUT SMITH ARGUES BECAUSE THE

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EXECUTIVE BRANCH HAS NO ROLE IN

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THE PROCEEDING, THE PRESIDENT

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WAS PRECLUDED BY DESIGN,

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PROSECUTING POSES NO DANGER TO

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THE EXECUTIVE BRANCH’S AUTHORITY

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OR FUNCTIONING.

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IS GETTING THE PENCE

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INTERACTIONS INTO THE TRIAL THE

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HIGHEST

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HIGHEST BAR FOR THE SPECIAL

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COUNSEL TO CLEAR HERE AND HOW

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IMPORTANT IS THAT TO THIS CASE?

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>> I THINK IT’S A VERY VERY HIGH

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BAR, ANA, AND I THINK ONE OF THE

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THINGS THAT JACK SMITH

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UNDERSTANDS IS HE CAN NOT PUT

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ALL OF HIS EGGS IN THAT BASKET.

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IF HE’S ABLE TO GET THOSE NOTES

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AND CONVERSATIONS IN AS PART OF

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HIS CASE IN CHIEF, THAT GIVES

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HIM A HUGE LEG UP AS FAR AS

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ESTABLISHING THE FACT THAT THESE

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PEOPLE WERE NOT ACTING IN ANY

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OFFICIAL CAPACITY, THEY WERE

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RUNNING MATES, TALKING ABOUT A

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CAMPAIGN, A VICTORY DONALD TRUMP

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KNEW HE LOST.

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WHAT THIS BRIEF LAYS OUT VERY

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VERY CLEARLY IS THAT IF YOU TAKE

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THAT STUFF AWAY, I HAVE ENOUGH,

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AS FAR AS THE PROSECUTION IS

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CONCERNED, TO PUT ON THE TABLE

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IN FRONT OF A JURY OR IN FRONT

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OF A JUDGE TO ESTABLISH THAT

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DONALD TRUMP KNEW THAT HE HAD

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LOST, AND HE WAS ENGAGED ON HIS

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OWN IN ANOTHER CAMPAIGN THAT

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INVOLVED NO OFFICIAL ACTS

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CONNECTED TO WHAT HIS

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RESPONSIBILITIES AS A PRESIDENT

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ARE.

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AND I THINK THAT THAT’S

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IMPORTANT TO UNDERSTAND.

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IF YOU HAVE THE STUFF WITH MIKE

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PENCE, I CAN MOVE FORWARD AND IT

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HELPS A LOT.

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BUT IF I DON’T, I STILL HAVE

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MORE THAN ENOUGH TO MAKE UP MY

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CASE AND CONVICT DONALD TRUMP

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FOR WHAT HE HAS DONE ON JANUARY

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6th.

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>> THIS FILING ALSO ZOOMS IN ON

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TRUMP’S USE OF TWITTER, AND I’M

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QUOTING HERE, THE PHONE’S

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ACTIVITY LOG SHOW THAT THE

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DEFENDANT WAS USING HIS PHONE ON

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JANUARY 6th, AND IN PARTICULAR,

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USING THE TWITTER APPLICATION

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CONSISTENTLY THROUGHOUT THE DAY

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AFTER HE RETURNED FROM THE

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ELLIPSE SPEECH.

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THE SPECIAL COUNSEL WANTS TO

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INTRODUCE THIS AT TRIAL USING AN

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FBI FORENSIC EXPERT, WHAT DO YOU

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THINK THE PROSECUTORS ARE TRYING

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TO SHOW WITH THIS?

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>> THEY’RE TRYING TO SHOW ON

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JANUARY 6th, DONALD TRUMP HAS

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ACTIVELY INVOLVED HIMSELF, NOT

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HAVING SOME AIDE DO IT, HE IS

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HIMSELF TWEETING, AND THE TWEETS

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ARE, YOU KNOW, SPREADING

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ELECTION FRAUD, EVEN ON THAT

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DAY, LEADING UP TO IT, AND ON

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THAT DAY, HE IS TRYING TO

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RETALIATE AND PRESSURE MIKE

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PENCE TO NOT CERTIFY THOSE

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VOTES.

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HE IS RALLYING HIS BASE.

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HE’S INFLAMING HIS BASE.

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THERE’S ONE TWEET IN PARTICULAR

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AT 2:24 ON THAT DAY AT JANUARY

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6th WHERE HE SAYS MIKE PENCE

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LACKS COURAGE.

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THAT’S WHEN HE ALREADY KNEW THAT

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THE CAPITAL HAD BEEN BREACHED

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AND THEN HE FINDS OUT THAT THAT

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COULD POTENTIALLY HARM HIM.

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JACK SMITH REFERS TO THAT TWEET

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AS A POWDER KEG, KNOWING THAT

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COULD BE PUTTING MIKE PENCE IN

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DANGER.

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SURE ENOUGH, HE SAYS SO WHAT

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WHEN HE’S PROVIDED WITH

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INFORMATION THAT HE HAD TO BE

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MOVED TO A SECURE LOCATION.

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THESE TWEETS ARE VERY IMPORTANT

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EVIDENCE, AND, AGAIN, YOU KNOW,

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IF YOU’RE SPREADING ELECTION

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FRAUD, IF YOU’RE TRYING TO

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PRESSURE MIKE PENCE, IF YOU’RE

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TRYING TO RETALIATE AGAINST YOUR

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OPPONENTS AND RALLY YOUR BASE,

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NONE OF THAT IS PRESIDENTIAL

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DUTIES.

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ALL OF THAT IS WHAT HE’S DOING

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AS A CANDIDATE TO TRY TO

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OVERTURN THE ELECTION RESULTS.

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>> CHARLES, KEN MENTIONED THIS

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INCIDENT IN DETROIT WHERE VOTES

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WERE BEING COUNTED THE DAY AFTER

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THE ELECTION, AND THERE WAS THIS

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PRO TRUMP GROUP THAT WAS THERE

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ON SITE, AND LOOKING TO CAUSE

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SOME CHAOS.

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QUOTE, WHEN THE COLLEAGUE, AND

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THIS IS A COLLEAGUE OF TRUMP’S

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HE’S SAYING, WHEN A COLLEAGUE

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SUGGESTED THAT THERE WAS ABOUT

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TO BE UNREST, REMINISCENT OF THE

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BROOKS BROTHERS RIOT, AN UNNAMED

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CAMPAIGN AIDE RESPONDED, MAKE

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THEM RIOT AND DO IT.

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PROSECUTOR SAYS THIS IS ONE

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EXAMPLE OF TRUMP’S PRIVATE

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OPERATIVES TRYING TO CREATE

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CHAOS, INTENDING TO HAVE SOME

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KIND OF A RIOT, BUT DO THEY HAVE

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TO PROVE THAT TRUMP WAS BEHIND

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THAT SPECIFICALLY IF THIS IS AN

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INDICTMENT AGAINST TRUMP

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HIMSELF?

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>> WELL, THERE HAS TO BE A

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CONNECTION AT SOME LEVEL BETWEEN

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DONALD TRUMP AND THESE ACTIONS,

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NOT NECESSARILY THAT HE

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SPECIFICALLY DIRECTED THEM TO DO

09:39.432 --> 09:40.261
THIS SPECIFIC ACT.

09:40.295 --> 09:41.368
HOWEVER, WITH RESPECT TO THE

09:41.379 --> 09:43.464
ULTIMATE GOAL THAT DONALD TRUMP

09:43.475 --> 09:45.224
SOUGHT TO ACCOMPLISH, WHICH WAS

09:45.225 --> 09:50.330
DESERTING OR PREVENTING THE

09:50.341 --> 09:52.890
CERTIFICATION OR DISRUPTING THE

09:52.901 --> 09:54.528
ELECTIVE PROCESS IN 2020, IF

09:54.562 --> 09:56.423
THAT IS FOUND TO BE IN THE

09:56.434 --> 09:57.560
SCHEME OF WHAT DONALD TRUMP WAS

09:57.561 --> 09:59.291
ADVANCING, THAT WILL BE

09:59.325 --> 10:00.577
SUFFICIENT FOR JACK SMITH TO

10:00.588 --> 10:01.182
MOVE FORWARD.

10:01.216 --> 10:03.436
THE SPECIFIC ACTS IN TERMS OF

10:03.447 --> 10:05.626
HOW IT’S ACCOMPLISHED IS NOT

10:05.637 --> 10:07.099
NECESSARILY SOMETHING JACK SMITH

10:07.110 --> 10:08.689
HAS TO ESTABLISH BEYOND SORT OF

10:08.690 --> 10:10.185
PRESENTING A CASE THAT BASICALLY

10:10.196 --> 10:12.919
TIES IN, WE ALL WERE ACTING IN

10:12.953 --> 10:15.344
THIS COMMON GOAL, AND WE WERE

10:15.355 --> 10:16.587
ALL CLEAR ABOUT THE COMMON GOAL

10:16.598 --> 10:19.887
THAT WAS SET FORTH IN ADVANCE BY

10:19.922 --> 10:20.623
THE FORMER PRESIDENT?

10:20.634 --> 10:21.696
>> KEN, TRUMP HAS BEEN

10:21.697 --> 10:23.064
COMPLAINING ABOUT THE TIMING OF

10:23.075 --> 10:24.234
THE BRIEF BEING MADE PUBLIC.

10:24.235 --> 10:26.589
DID JACK SMITH HAVE ANY CONTROL

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OVER THE TIMING OF THE RELEASE?

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>> IN THE IMMEDIATE TERM, HE DID

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NOT.

10:30.268 --> 10:32.285
THIS WAS A DECISION BY THE JUDGE

10:32.319 --> 10:33.919
TO UNSEAL A SEALED FILING.

10:33.930 --> 10:34.859
THE SPECIAL COUNSEL’S OFFICE

10:34.861 --> 10:36.069
DIDN’T KNOW THIS WAS GOING TO BE

10:36.070 --> 10:37.021
HAPPENING YESTERDAY.

10:37.055 --> 10:38.749
THERE’S A LARGER ISSUE HERE

10:38.760 --> 10:39.829
WHERE YOU CAN QUESTION WHETHER

10:39.840 --> 10:42.250
JACK SMITH COULD HAVE DONE

10:42.285 --> 10:43.540
SOMETHING TO AVOID THIS

10:43.551 --> 10:45.192
HAPPENING UNTIL AFTER THE

10:45.226 --> 10:46.295
ELECTION, COULD HAVE ASKED THE

10:46.306 --> 10:47.766
JUDGE FOR MORE TIME, BUT THE

10:47.767 --> 10:49.193
JUSTICE DEPARTMENT’S POSITION IS

10:49.204 --> 10:50.168
THIS DOES NOT VIOLATE

10:50.169 --> 10:50.481
GUIDELINES.

10:50.492 --> 10:52.126
THEY HAVE A CASE TO LITIGATE.

10:52.137 --> 10:53.964
THE SUPREME COURT HAS ASKED THAT

10:53.999 --> 10:55.275
THIS PROCEDURE HAPPEN TO SORT

10:55.286 --> 10:57.209
OUT WHAT’S PRIVATE AND WHAT’S

10:57.210 --> 10:58.561
OFFICIAL, AND THAT THEY NEED TO

10:58.572 --> 10:59.576
MOVE FORWARD.

10:59.611 --> 11:02.417
AND JUDGE TANYA CHUTKAN MADE

11:02.428 --> 11:02.535
CLEAR SHE BELIEVES THE ELECTION