Gotham Government Relations Founder David Schwartz @newsmax TV''s THE FREEDOM FILE with Judge Andrew Napolitano discussing TRUMP and Legal Reasons for Sentencing Delay.

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[Music]
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welcome back my friends attorneys for
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former president Donald Trump have asked
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Justice Juan mean to push back
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sentencing for his conviction for
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falsifying business records sentencing
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is now tentatively scheduled for midep
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but Trump's legal team is asking for a
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delay until after the election there are
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a few key technical reasons for the
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request here to help break it down down
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with me is veteran trial lawyer and my
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longtime friend and colleague attorney
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David Schwarz David uh welcome here I
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was telling some of the sure I was
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telling some of the folks here at
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Newsmax that in my career I have
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sentenced more than a thousand people I
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have never heard the government say it's
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up to you judge it's always they have
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their own opinion they tell you what
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they want to do why do you think when
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Trump's people obviously do not want the
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sentencing before election day the
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government said it's up to you
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judge well I I think on the part of the
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government it was a good strategic move
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look they got their conviction at trial
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they got their pound of Flesh I I I
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think politically and not to interfere
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with the election I think it was a good
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move on the government on the
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government's part to at least appear
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impartial and they're not supposed to be
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impartial obviously they're advocates
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for the state but to at least appear
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indifferent as to sentencing so the
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government is going to say everything
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that Trump did Even though some of his
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behavior in this case signing checks to
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Michael Cohen was done in the White
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House the government's going to say none
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of it was official and everything he did
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was personal the reason they're going to
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make this argument is because Trump's
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leers are going to say oh that immunity
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decision that the Supreme Court came
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down with judge Miran you have to
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extract from what we uh what the jury
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heard that would was official I don't
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think any of Trump's behavior in this
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case could be characterized as official
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as exercising the powers of the
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presidency do you well that started you
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know before the presidency but even
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while he was President this clearly was
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you know a personal uh matter that that
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he was taken care of it was had nothing
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to do with the His official du duties or
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pursuant to any duty to the presidency
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whatsoever so I I I would agree with
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that the sentencing itself now you have
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dealt with a lot of sentences I've
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sentenced over a thousand people in my
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career there's a couple of questions
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that judges asked themselves to begin
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with uh does the defendant have any
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priors no uh is the defendant a danger
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to society no how badly has the
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defendant harmed the victim I would say
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what victim do you think
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uh that Justice Miran will impose a
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sentence of incarceration and perhaps
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suspend it uh for appearance sake or do
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you think he'll say probation for two
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years let's get this over with right
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this should not be a tough decision
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judge with a 78y old man who's never
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been convicted of any crimes whatsoever
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he was convicted of the lowest level you
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know nonviolent felony falsifying
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business records a Class E felony and
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and how he was even bumped up to a
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felony we know is very questionable so
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there's two parts to the judge's
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decision here one is is he going to
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delay the sentencing uh I think it's a
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no-brainer sentencings get delayed all
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the time for a a myriad of reasons so
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there's no reason why the judge for
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appearance purposes shouldn't delay it
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for two months after the election the
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second the F the question that you asked
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though I don't believe uh the judge uh
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Sean should sentence Trump to any jail
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time whatsoever based on those factors
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that it's a nonviolent crime that he's
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at a clean history and and the the
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questions uh as to this crime in the
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first place you know and one of the
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questions will be presidential immunity
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I I I I believe the threeyear the
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probationary period would be in sentence
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got it David I'd like you to stick
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around because former Senator Bob
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Menendez was back in court to see if he
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could get his guilty verdict overturned
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David and I will talk about his chances
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on this when the freedom file returns in
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just a moment