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Trump’s lawyers sit him down and WARN HIM

David Pakman Show28 views
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Donald Trump and his lawyers have accidentally done something that Jack Smith never got the chance to do.A special prosecutor, Trump and his lawyers.Listen to this.They may have created a pathway to put January 6th back under the microscope because of a lawsuit that Trump filed.This is one of those incredible stories where As as is often the case, Trump's biggest problems are becoming self -inflicted.It's not Jamie Raskin or Antifa or whoever.

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Prosecutors didn't do it.Trump did it.Here's what happened.You might remember that Donald Trump sued the BBC for 10 billion dollars over this documentary called Trump, a second chance.Now, the BBC acknowledged there was a portion of the documentary that gave the impression Trump directly called for violence on January 6th.It was edited together in a way that gave that impression.

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BBC admitted we made a mistake on that.Trump sued.And the problem is that when you file a defamation suit, you don't just get to show up and tell your side of the story.The defendant gets discovery.And BBC's lawyers immediately realized if Trump says the documentary falsely portrayed his role in the January 6th riots.then his actual knowledge, his intent, his state of mind, his conduct becomes relevant evidence.

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In other words, now, January 6th is part of Donald Trump's defamation lawsuit.And the BBC is now trying to get broad discovery into all of Donald Trump's communications from that time.All of the records from around January 6th, including a lot of the stuff that special counsel Jack Smith was relying on during his investigation.And Trump's lawyers now seem to be panicking.They are going to the BBC.They're going to the judge in the BBC case.

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And they're saying we're moving forward with a lawsuit.But these discovery requests, they're excessive.They're broad.They can't be permitted.And what they want to argue is that BBC is turning the lawsuit into a trial about January 6th, which isn't supposed to happen.But that's kind of what happens when you make January 6th central to your lawsuit.

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Now, back to the video.Now, I had a situation I've described before where we did an interview and we got one of these scary legal letters from an elected official's high priced lawyer and I lawyered up.And it's expensive when you do that.And my lawyer came to me and he didn't he didn't have literal tears in his eyes, but he clearly didn't like the advice that he was giving me.And he said, listen, I am for speech.This is my lawyer speaking.

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I am for speech.And rarely do I give the advice that someone should take down speech of theirs.But although I think you would ultimately prevail, I think you would ultimately get your legal fees covered.You could accrue multiple six figure legal fees to fight this threat if they were to sue you for defamation.And especially at that time, this was years ago.I was not in a position to do that fight.

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I don't think we could have raised that legal defense fund.I think now we could.I don't think then we could have.And so he said, based on all this, I it pains me to recommend this, but I think that you should take the interview down.And we did.And one of the things that he told me is I suspect they won't really want this to go forward if they sued or to even sue, because you would get discovery and they don't want that.

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But multiple six figure legal fees.So anyway, the point is, the threat of discovery can be a big factor.in people choosing to do or not do certain legal things.You don't get to sue someone over your conduct on January 6th and then insist no one's allowed to examine your conduct on January 6th.That's the point.That's not how civil litigation works.

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And this has backfired before.By the way, there's another Florida defamation case this week where a judge reminded Trump's attorneys Trump must complywith discovery.If you want to keep pressing forward, he must provide the required documents, which they have not done yet.And I love what the judge said, which is there is no presidential exemption to discovery because Trump filed the lawsuits.If you file an optional lawsuit, You can't then argue, well, I'm the president, so we don't have to comply with discovery.

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Well, if you want to push the lawsuit forward, if you insisted on pursuing the lawsuit, you've got to follow the same rules as every other plaintiff.And that's what's coming up with Donald Trump.He loves filing lawsuits.He imagines himself controlling the narrative and he can make accusations, generate headlines.I'm suing for eleventeen billion dollars or whatever.Everybody's defensive.

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But lawsuits are a two way street.And once discovery begins, the other side gets documents.They get to ask questions.They get depositions.They get communications.Trump doesn't want to do any of that.

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So what's happening?And it's a real delight.is that Donald Trump's lawyers are recognizing some of these we thought were easy defamation cases.They could actually be terrible for Trump.Instead of putting the BBC on trial, we may be putting Trump's actions around January 6th on trial.And we don't want to do that because Trump cannot resist filing these lawsuits.

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I assume it gets dropped.But if it doesn't, that discovery is going to be fascinating.

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