'Prosecutorial Misconduct' - Case Against Trump Dead Before It Starts

The Department of Justice's case against former President Donald Trump may be dead on arrival

In fact, it may not even arrive. Folks, I'm Carmine Sabia and this is Explain America

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So a former attorney for former President Donald Trump spoke yesterday about kind of

the abnormalities in the Trump prosecution and what they're trying to get his attorneys

to do. Now, if they're successful, it creates a whole new standard of justice in the United States

not just for this case, but across the board. If you continuously get someone's attorneys to flip because you threaten them with prosecution

then that person is not getting the legal benefit of attorneys that they're entitled

to in the Constitution. They're basically denied counsel because if everybody they get is going to become a government

witness, they can't feel free to ask questions of their attorney like any normal person would

be able to do because the fear is that they can come back to haunt them later on

You cannot put somebody in that position. Because of that, this case might not even make it to trial, he says

Let's take a listen to what he told Laura Ingraham. Joining me now is Tim Parlatore, former attorney for President Trump

Tim, it's great to see you tonight. Now, what do you make of the tactics of Garland's DOJ, especially with the attorney-client privilege question

You know, litigating these types of cases against DOJ, as I usually do, this team acted

so radically different from every professional U.S. attorney's office that I've ever dealt with

They've shown no regard whatsoever for attorney-client privilege. And it's more than just the issue of Evan Corcoran

You know, I went before the grand jury myself, not subpoenaed. I went involuntarily instead of a custodian of records

Why did you go involuntarily? They wanted to hear about the searches that we did for additional documents

They wanted some staffer from Mar-a-Lago to go down who wasn't going to be able to really

talk about it. So I voluntarily went in because, as a criminal lawyer, the opportunity to speak directly

to the grand jury, I wanted that opportunity. Forty-five separate times. I can't make that number up

I actually counted them. Forty-five separate times they asked me about my conversations with my client

And at one point, we kept getting into this fight because they kept implying, oh, you're

keeping this from the grand jury. You won't let them know this. No, no, no, the ethics rules prohibit me from saying this

Well, unless there, I mean, there are some exceptions to the attorney-client privilege, such as which they rely on in this indictment, the crime fraud exception

But how they determined whether there was a probable cause for a crime to have occurred

here, that's in question as well. And we don't have the documents on how they filed those motions, do we? Correct

And what they actually did when I was there is they said one of the exceptions is waiver

Well, if President Trump's being so cooperative, why won't he waive privilege and let you tell

us all about his conversations? And under Jack Smith's rule, any question the client asks, if we say no, you can't do

that, that's a crime. Oh, my God. I mean, this just upends all of attorney-client privilege ethics rules that I ever learned

in law school. It does. And this is one of the things. Oh, my God

I believe this case, there's going to be serious litigation in the pretrial stage over prosecutorial

misconduct by this team, which could entirely upend this case. We may never get to a trial

We may never actually have to address any of the substantive issues because of the misconduct

of Jack Smith and his team. Do you believe that he has a backup plan to go after the president in New Jersey, where

his Bedminster Club is? That was floated today on CNN and elsewhere

That I don't believe. I mean, it's something that they already put in this indictment about that conversation

They've never found a document that would be associated with that conversation

And so to try and bring that as a separate case there, it would be consolidated anyway

There'd be a double jeopardy issue because it's already alleged in this indictment. Do you agree with my comments on the angle that these former government officials, many

of whom I have great respect for, Bill Barr, one of them, who goes on TV and says he's

toast, essentially? That really... You know, I have problems with any attorney who goes on TV and makes pronouncements about

a case that they haven't seen the evidence. I represented the man for a year, and even I am sitting here saying, if the discovery

if the discovery bears this out, people that have never seen a shred of it can't possibly

go out there and make these pronouncements. Tim, thank you for joining us

I really appreciate it. Hope to have you back soon. Now, I'm not a legal expert, but what he says makes a lot of sense

A man has to be, or a woman, has to be entitled to counsel

You can't keep taking their attorneys and trying to prosecute them or get them to be

cooperating witnesses. You know, this is not the first time Jack Smith has come after conservatives, you know

and we'll get into it sometime with what he did during the IRS Lois Lerner scandal, is

he was involved in that as well. Jack Smith is not this angelic being that they want you to believe he is, this virtue

and paragon of law and justice, not in my opinion. And if you look into his history, it shouldn't be in your opinion either

It's very obvious what's happening here. They are trying to nail Trump and they're trying to use everything they can to do it

The law be damned, they don't care. And that's kind of the difference with Mueller

That's why they were never satisfied with the Mueller investigation, because Bob Mueller

actually followed the law. Wow, what a concept. He actually followed the law and said there's nothing to prosecute here

He didn't reach and reach for the stars like Jack Smith is trying to do to try to find

something to prosecute. That's the big difference between Bob Mueller and Jack Smith

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