Transcribe your podcast
[00:00:00]

It's a pleasure to have our friend, Professor John Yu, UC Berkeley Law School, former Deputy Assistant Attorney General, Hoover Institution Visiting Fellow, very busy, but not too busy, to not be able to come here. Thank you. John Yu, what do you make of my points? The reason we're in the Supreme Court is because the Department of Justice, this attorney general, this prosecutor, are doing things that normal administrations will not do. They're pushing the edge of the envelope in every respect, no?

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Mark, I think you nailed it in your monolog. I'm so glad you brought that out because everyone, of course, is talking about the Supreme Court, and what are they going to be doing about immunity? The Supreme Court has never had to hear a case like this because no President in the history of the Republic has tried to prosecute one of his predecessors. That is crossing a rubricon, and it creates a terrible incentive for future presidents because now they always have to be worried. They always have to be looking over their shoulder that some President in the future is going to go after them. What you have here is the absence of statesmanship, leadership, common sense. There are no doubt presidents in the past who might have done things that other people might have thought have been criminal, but future presidents always thought it's in the best interests of our country to pardon a Nixon, to get past controversies and look to the future and do what's best for the American people. Unfortunately, it's Joe Biden who has triggered this constitutional crisis by continuing to press this special counsel investigation. That's where the fault really lies in all of this.

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You know, John, I'm listening to some of these justices, and they have been sucked into this world. I'm listening to Barrett. Is that private conduct? Is that official conduct? I mean, do they actually think these nine justices are going to sit there and come up with a meaningful definition to apply in all circumstances? When a president is sitting there under God knows what conditions, making decisions, having to make decisions in wonder. I heard Judge Jackson say, But they have all the lawyers in the world. But they have criminal defense lawyers sitting around them on determining whether they're going to hit this place or hit that place or make these decisions. They're buying into this whole thing because it's Donald Trump. What is the potential, truly, for doing permanent damage to separation of powers, the power of the presidency, and empowering future administrations to go after past administrations like they do in these fascists and Marxist regimes?

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If Donald Trump wins this case, it will be because of that exact point. It's because let's just stop and talk about the future, because that's what's important. The question is, what is this going to do to presidents when they have to make the hardest decisions for the country? We want them to think about, Oh, is my successor or my political opponent in the next election who's already going to get the nomination from his party? Are they going to turn the power of the government against me? What we'll end up doing is we'll have presidents who won't want to exercise any leadership. They won't take any risks. They won't make the tough calls because they're going to be worried that some successor there is going to want to throw them in jail.

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Isn't that what? Hey, Sean Hannity here. Hey, click here to subscribe to Fox News YouTube page and catch our hottest interviews and most compelling analysis. You will not get it anywhere else.