Gotham Government Relations President David Schwartz on Newsmax THE FREEDOM FILE with Judge Andrew Napolitano discussing Senator Bob Menendez Fights Guilty Ruling

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former US senator Bob Menendez of New
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Jersey who was convicted of bribery
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obstruction of justice and serving as a
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foreign agent for the Egyptian
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government in July has asked the trial
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judge to reverse the guilty verdicts and
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find him not guilty as a matter of law
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the Senator's lawyers have argued that
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even if he did what the government
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demonstrated at trial it does not itute
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criminal Behavior as the Supreme Court
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has interpreted it does he have a shot
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back with us of course is trial attorney
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and my friend David Schwarz so David you
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and I both know the case of Governor Bob
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McDonald of um of Virginia uh who was
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convicted of bribery for accepting a
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Rolex watch and the payment of the of
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the bills for his daughter's wedding by
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a guy had who had some business before
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the state and then the Supreme Court
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reversed that conviction N9 to nothing
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say yeah he got all those gifts but he
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didn't do anything out of the ordinary
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in return to get the gifts that is
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basically what Bob Menendez is going to
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argue that what he is accused of doing
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is what Senators always do Lobby for
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constituents and he would have done it
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anyway what do you think how how does an
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argument like that rest on the ears of
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the trial judge who presided at the
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case so the facts in the McDonald case
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are different than the facts in the
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Menendez case so although that it's true
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you know he was evicted of the of the
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bribery you have to have this close
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connection between the the act of taking
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something of value whether it's uh
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watches uh gold bars or Furniture in
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this case or cash and connect it to the
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official act that the senator is accused
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of doing so it's going to be a fact
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specific case uh certainly the jury felt
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there was enough of a connection and
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we'll see uh what the judge decides I
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believe there overwhelmingly that the
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judge will uphold the jury the jury
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conviction well most trial judges as you
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know do but I'm going to make you the
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chief judge of the United States court
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of appeals for the second circuit for
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the purposes uh of this uh argument but
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judge Schwarz my client did not exercise
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the official levers of power in behalf
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of the Egyptian government or any of his
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codefendants and that phrase official
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levers of power is directly out of the
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McDonald case we suggest to you that the
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trial judge misunderstood what the
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Supreme Court told him he should have
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understood how do you rule yes counselor
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but the way I rule is the official
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levers of power were directly tied to
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these gold bars to the cash and to to
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the furniture that Menendez received and
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he actually got his wife involved to be
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the recipient of all that and the
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evidence is overwhelming at trial that
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those official acts in in helping the
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Egyptian government were were tied to
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the receipt of those things of value so
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in this particular case we can
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distinguish it from the McDonald case
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and uphold the jury verdict that's how
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would rule here's now now you're back to
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being good old David Schwarz criminal
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defense lawyer so here's one from way
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out of left field his wife's trial
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starts next month what happens to Bob
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Menendez if he takes the witness stand
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and says I did it I did everything she
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had nothing to do with it let her
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go well I I I certainly think that would
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be some good evidence on her behalf and
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and that's something that that he may
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consider doing you never know but but
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certainly if he did that uh you know
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that would adversely affect the the the
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case that he has on appeal that would be
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an interesting scenario judge you you
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hit me with a a curveball there but um
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you know certainly that would help his
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wife if he testified in that fashion I
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threw the curveball but you hit it into
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the Outfield David Schwarz what a
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pleasure my dear friend I hope you'll
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come back and join us again I hope so
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thank you judge of course that's my show
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for for this week thank you for watching
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have a great weekend
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