“Larry’s Look”: Glenn Kirschner Returns to The “Bad” Brad Berkwitt Show to Discuss Hot Topics About J6, Donald Trump and Lots More…. (July 28, 2022)

By Larry Daniels

A review of the hot topic discussion hosted by “Bad” Brad Berkwitt, with very special guest, Glenn Kirschner. It is always a treat to get Glenn’s take on current legal issues. His passion is to educate us on what crimes can be proven in a court of law. That’s it. Political opinions are not a part of his legal presentations. His experience steers us through the sea of speculation. A wonderful guest.

Brad heads straight to the point with the first topic. “New reporting shows Trump is under investigation by the DOJ”. Glenn takes us through how a federal grand jury works. The grand jury investigates crime. Federal prosecutors open a “grand jury original”. No arrests are made yet, it is a wide open investigation. Prosecutors label it, In re (Latin for “in the matter of”) possible violation of a federal statute (code number). In this case, the broad investigation is focusing on the crime of insurrection committed on Jan. 6th. The focus is looking at Donald Trump. Why do we know this? The excellent reporting by Carol Leonnig and others from the Washington Post. She is reporting the questions being asked of witnesses in the grand jury. Several lines of questions repeat the name Trump over and over. There is no longer any doubt that he is being investigated.

The next topic regards the recent development of missing Secret Service texts on or about Jan. 6th, 2021. Glenn voices his disappointment with the Secret Service in this matter. He prosecuted cases in the 1990’s, using the Secret Service’s expertise in retrieving cell tower data to locate a Senator’s stolen cell phone and ring. Glenn adds that although the FBI crime lab in Quantico was very useful, but when the need for deleted cell phone or computer data came up, he went to the Secret Service Forensic Sciences Division for help. Both gentlemen agree that there should be an investigation. The Secret Service should welcome it, if there is nothing to hide. Exonerated? Great. We can move on. At the time of this article being written, reports indicate the government phones of Chad Wolf, former acting DHS secretary, and Ken Cuccinelli, an acting deputy secretary, reportedly were “reset” when they left the government in January 2021, wiping their texts. The plot is becoming murky.

Lindsey Graham recently said on camera that Donald Trump is good for America. This discussion topic begins with rolling eyes from both men. The support from this South Carolina Senator to a man that led to the insurrection on January 6th has Glenn seething. Lindsey (like a squirming snake) has received a subpoena from a Georgia grand jury regarding Trump’s scheme to ask the Georgia’s Secretary of State to “find” 11,780 votes. Brad Raffensperger has stated publically that Lindsay phoned him to ask for votes to be thrown out. Glenn states that under oath, this practically forces Sen. Graham into pleading the 5th Amendment against self incrimination. Not a great look politically for a sitting US Senator. Brad rips the overall hypocrisy of Graham’s character here. The disloyalty to a friend and fellow military veteran, John McCain. Stances against the LGBQT community. Past political alliances with candidates such as Hillary Clinton. I don’t believe anyone would like to be around someone who could stab you in the back at any time. There is a term for it. A sociopath. Both men condemn Lindsey in the broadest possible terms.

Brad puts forth the topic of the smoking gun testimony regarding Trump’s criminal intent by the previous administration’s Acting Deputy Attorney General Richard Donoghue during the J6 committee hearing in June, 2022. Glenn lays out his decades of experience proving criminal intent in court. In the past, he has made the case for intent with far less evidence than what we have seen in the facts around Donald Trump’s actions involving January 6th. Cases are usually proved in these instances with reasonable circumstantial evidence. Glenn’s point is that Richard’s testimony was direct evidence. A slam dunk. A no doubter. Trump’s words were basically, “I don’t care if the election was not fraudulent, just say it was, and leave the rest to me and my Republican allies in Congress”.

Brad poses the next question. “Are the people that broke into the Capitol on Jan. 6th, being charged restitution?”. Glenn responded by saying the insurrectionists are probably being charged fees and restitution. Many of whom are not persons with abundant financial resources. He further points to their belief in “the election was stolen”, constantly Trumpeted (yes, I put a capital T there) by their President, was the absolute reason to stop the certification of President Biden’s victory.

Meanwhile, Donald Trump walks around free, holding golf tournaments at his clubs for the Saudi Arabian golf league within minutes of ground zero, and holding hate rallies across America to create a new group of insurrectionists to do his bidding. I agree with Glenn’s ire here. The continuing threat to democracy must be stopped. The men slightly disagree with the little bit of empathy that Glenn has for the rioters who were duped. Brad’s point is that rioting has no place in any political protest. Anyone who participates, should be held fully accountable. Both men agree that Donald Trump has not been held accountable any of his actions, yet.

Brad submits the next topic based on Trump’s recent call to Wisconsin’s State Assembly Speaker, Robin Vos. He wanted Vos to overturn the result of the election. Glenn was ready for this one. Donald is being careless here. Glenn quotes a recent federal subpoena to a state legislator in Arizona that must produce, “Any documents and communications to, from, and with any member, employee, or agent of Donald J. Trump”. Based upon decades of experience, Glenn can say federal grand juries keep their secrets close to the vest. The only people not required to keep questioning secret are the witnesses. The recent story of Mark Meadows phone records being in DOJ hands since April, proves that this investigation is going on outside of public view. Ginni Thomas, do you know a good lawyer? There could be a federal subpoena headed your way!

The fake elector’s schemes really grind my gears. In my opinion, the persons involved should have the punishment fit the crime. Brad brings up the point that nobody wants to be the first prosecutor to charge a former President. There will be a feeding frenzy to be the second. Glenn has stated this fact many times. There can be no fear of losing a case based on the evidence in this circumstance. Brad chimed in with Lester Holt’s assertion that trying Trump would tear the country apart. What does Lester think the country looks like now? Glenn makes the absolute solid point that if we don’t try this case, in gives license to criminal behavior by future Presidents of the United States.

Brad asks Glenn what is minimum and maximum jail sentences awaiting Steve Bannon after his guilty verdict on contempt charges? Glenn replied that Amanda Vaughn and Molly Gaston did a marvelous job prosecuting this case. Each of the two counts Bannon was convicted on, carries a mandatory minimum of 30 days and a maximum of one year. Since there are 2 counts in this case, the minimum would be 30 days, and the maximum could be 2 years.

Brad asks Glenn if we can make a case for treason against Donald Trump since he left the Oval Office? He cites the federal code as whoever owing allegiance to the United States, levies war against them, or gives aid and comfort (Glenn leaves that last part out for the moment) is guilty of treason while he was still in the Oval. Please watch as Glenn does a masterful job of prosecuting the charge of treason against Donald Trump. His teeth clench at one point. His love for law enforcement officers is very apparent. DOJ, are you taking notes?

Brad asks Glenn about the case in Russia involving Britney Griner. His heart breaks for those trapped in despotic, bad actor nations like Russia. We should be aware of their history of criminal prosecution. They have different rules. Glenn’s take is for us to do everything we can to bring them home. Brad asks would Trump try to intercede to bring them home as a political stunt? Glenn’s feeling on that is probably not. Has he ever done anything that can be viewed as humanitarian? Great point.

Closing thoughts:

Glenn and Brad have two lifetimes of experience regarding what it takes to lead this nation properly. We are a nation of laws. We are a nation of duty and honor. I view rights and equality in the same light. Lifting up these lofty ideals provides the proper path forward. They realize the importance of holding those accountable, who would tear down these pillars of truth. There is optimism that the wheels of justice are turning. Do they come to a halt if the House and the Senate flip? Make justice work. I don’t want to see Glenn’s teeth clench anymore. Vote with an eye on saving democracy. Light the torch again.