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Dershowitz: Trial Judge's 3 INFURIATING Moves That Prove He Has an 'AGENDA' Against Trump

After witnessing the hush money trail against former president Donald Trump, famed attorney Alan Dershowitz tells Glenn just how shocked he was at the blatant anti-Trump bias. Dershowitz explains 3 moves that Judge Juan Merchan made which he believes prove Merchan's true "agenda": He threatened to strike witness Robert Costello's entire testimony from the record because he raised his eyebrows; he heavily restricted what Costello and other defense witnesses could say, after letting Stormy Daniels say anything she wanted; and he appears to have allowed the jury to go home and watch the news coverage of the trial. But as for the case against Trump itself, Dershowitz asserts, "I have never seen a weaker case.” But yet, he fears the New York jury and biased judge will convict Trump anyways. So, is it time for him to add another banana to his "Banana Republic" scale?

Transcript

Below is a rush transcript that may contain errors

GLENN: One of the biggest -- I just -- I don't understand how our justice system got to where it is, this quickly.

I hope it's the different in -- you know, in New York, and in Washington, DC. But I have a feeling it's this way, in many states

And we are not. We are not even connected to the rule of law anymore. I read an article. An op-ed from Alan Dershowitz. Who was at the courtroom.

The last -- you know, when the defense rested. And heard the testimony of who was it?

Was it Cohen? Stu. Or was it Collins?

I can't remember. Anyway, and all he did was raise his eyebrows when there was an objection, and the judge said, sustained. He looked at the judge and raised his eyebrows, which set the judge into a tirade. Cleared the courtroom. For some reason, Alan Dershowitz was allowed to stay. And he writes about it, Dersch.Substack.com. And you have to read it. And Alan joins us now.

Hi, Alan, how are you?

ALAN: Hi. I wish the trial was televised, so that all Americans could see the veins in this judge's head popping. I mean, he just went berserk. You know what he reminded me of the psycho in the movie Taxi Driver? You looking at me? Hey, you looking at me?

The judge has such thin skin.

You looking at me. You raising your eyebrows? I'm going to strike all your testimony. Can you imagine the effect, if the judge had actually gone through with it?

GLENN: Hang on just a second. Did he say that in front of the jury?

ALAN: No. No. No. He did that outside of the jury. In fact, he didn't say it in front of the media. He threw the media out for some bizarre reason. I was sitting in the front row. And they didn't ask me to leave. So I was sitting right near the judges and the defendants and Cohen and all of them. He took the jury out. But he said basically, if you raise your eyebrows again, I will deny Donald Trump a fair trial by striking your defense testimony, and not allowing him to put on -- and Donald Trump didn't raise his eyebrows, at least in the courtroom. But he certainly raised a lot of eyebrows outside of the courtroom, as he has a right to do, because this is a political trial, so he's responding in a political way.

But the idea that you would strike the defense, because of something, you didn't like a witness doing?

First of all, everybody has a constitutional right to raise their eyebrows. And to look and stare at a judge.

I've done that many, many times. I'll never forget May West, in the movie Little Chickadee. She's in front of the judge, and the judge says, you're showing your contempt. And May West says, no, Your Honor, I'm trying my best to hide my contempt for the court.

And, you know, that's what many people do to this judge. I'm not a witness or anything. So I didn't hide my contempt. I rolled my eyes. I raised my eyebrows. I stared at the judge. I whispered to people next to me like, would you believe, people did that? Kept out this testimony? Let in this testimony. Let's remember, this is a judge who was so permissive with the prosecution. He allowed Stormy Daniels to testify that they had sex in a missionary position, that he used a certain kind of deodorant, and that he wore silk pajamas.

Now, how is that relevant to an entry case involving bookkeeping entry? Utterly irrelevant. Utterly prejudicial. The judge said, no. No. Let it all go in. Let it all go in. But when Cohen tries to testify about what his former client said to him, and the client had waved the privilege.

Said to him, I don't know anything about Trump. I can't incriminate him. The judge said, no. No. I'm imposing restrictions on what your witness could say, and I would raise my eyebrows.

GLENN: Wait. Wait. Wait.

He wasn't allowed to enter that into testimony?

ALAN: He was restricted as to what he could say. He was allowed to say that he had said on numerous occasions, that -- that he didn't know anything about Trump.

But he was restricted from saying, many of the things. As he said, he swore to tell the truth. The whole truth. And nothing, but the truth.

And the judge said, no. I only want a partial truth.

When it came to an expert witness, the judge was even tougher. The judge said, even though the prosecution was allowed to introduce evidence, that they claim the payments were illegal campaign contributions. The country's leading expert on campaign contributions, who was prepared to testify. These were not illegal campaign contributions.

The judge said, no.

You can testify as to your credentials and a few other things. But you can't testify as to the legality or illegality, even though the other side is allowed to.

What does it mean under the Sixth Amendment, then, you have the right to confront the charges and the witnesses in front of you? You think that it means you have a right to call witnesses on your own. Who would tell a different story. And give a different account, so the jury could make up their mind.

Not according to this judge. This judge wants a conviction. Whether it's because his daughter would profit from a conviction. She runs a -- she works for a fundraising outfit that fundraises off this trial.

Or where there were other reasons for it. I don't know. I don't want try to psycho analyze. The judge. Other than the judge tried to psycho analyze Donald Trump.

In order to convict them, you have to believe that the only reason, that the false entries were made. They weren't even made by him. They were made by some underling.

That the only reason the false entries, if they were false. Were made. Was to affect the campaign.

It had no reason, to avoid embarrassment to his wife, to his son, who was in school at the time. To avoid losing his television show. Because there's a morality clause in the contract.

No -- no reason to believe, it might affect his branding business.

Because, you know, all the branding of the Trump hotels, et cetera.

Obviously, there were mixed motives.

But the judge had to conclude, the predominant motive was to impact the election. Even though, if there was a campaign contribution, he wouldn't have had to report it until after the election. This case is so absurd. In 60 years of practicing, teaching and writing about criminal law, I have never seen a weaker case. And yet, there might be a conviction because this is a New York jury.

GLENN: You have watched juries forever.

ALAN: Yeah.

GLENN: Did you see any signs from them at all, one way or another?

ALAN: Hard to tell. When he acknowledged that he had stolen $60,000 from Trump and never tried to repay it, I can see the jury's literally raising their own eyebrows. They learned forward. They paid close attention to that. There was a lot of boring testimony. And, you know, jurors don't close their eyes. But they sit back. You don't know what they're thinking.

The only problem is, that jurors usually love the judge. The judge is the benevolent despot. And he is benevolent when the jury is there. When the jury leaves, then he becomes the true tyrant, that he really is.

GLENN: Yes.

ALAN: So the jury may take a cue from the judge, and the judge will give his instruction, I believe, that clearly favors the prosecution, and is prejudiced against the defender. So there's no real predicting the outcome.

I guess the most betting people are saying, a hung jury. It will be hard to get 12 people, to conclude either way, that he was totally innocent or totally guilty.

GLENN: And then what happens from -- what happens from there?

ALAN: The prosecution has the right to try him again. But at that point, the trial will have to take place after the election. And I'm not sure they would go forth.

It would depend on the vote. If the vote were 10-2 for the conviction, they might be triumphant. If it was 10-2 for acquittal, they may not retry him.

So there's a lot to be seen. The other thing that is bizarre. I've never seen this before. The judge delayed the trial a whole week. The jury went home. The jury is home today, tomorrow. It will be home Friday.

Of course, then the holiday. Vacation. Then it comes back next week.

GLENN: Wait. Wait.

Isn't this one of these cases that you should really sequester the jury so they're not seeing the news?

ALAN: Of course. And especially if they're not seeing CNN or reading the New York Times.

One thing MSNBC, which have already convicted him, without a doubt.

I mean, MSNBC thinks this is the strongest case since the Abraham Lincoln assassination. If it had been on videotape. There's no doubt, by the MSNBC people, they're rooting for a verdict.

As is the media. When I was in the courtroom, the other day. You could just see. And you could hear from the media. They're all rooting for a conviction. Even one of the courtroom artists, criticized me. For coming to the trial, and showing support for Donald Trump.

I didn't come to show political support for Donald Trump. I haven't made up my mind who I'm voting for. I voted for Biden in the last election.

I didn't believe there to show political support. I came there to show legal support. That this was a case, that should never have been brought. I would have done the same thing, if Biden had been charged with a noncrime like this.

I'm not political when it comes to my legal analysis.

GLENN: Yeah.

Alan, let me switch gears. There is -- there is a story out about the FBI. And the raid on Mar-a-Lago. And, you know, that there was a -- and they were allowed to use deadly force.

And I -- it's my understanding, at least, that this is being misreported by the right.

That's in all of these. It's a general thing.

ALAN: It is. There shouldn't have been a search warrant at all. There should have been a subpoena. When you deal with people like the former president of the United States, you send them a subpoena.

And if he fails to disclose the material, then he's in contempt of court or in violation of statutes.

But you don't burst into his home.

Yeah. Of course, you need to be --

GLENN: So wait.

ALAN: If somebody is there, shooting at you.

But they should never have used the search warrant in the first place.

GLENN: Yeah. That was kind of.

I didn't know about the subpoena, and all that, that you had other options.

But as I'm. I was looking at this, this morning.

And I was like, you know, at least for presidents. And I think it would be fine for other things.

Because a lot of people seem to be having their terrors kicked in.

When it comes to the president. And I say this about Biden too.

I'm sure that was in the same, you know, paperwork for Joe Biden.

In his garage.

ALAN: No. They didn't have a support. They didn't have a search warrant for Biden. They had a subpoena. So there was no such paperwork for Biden.

GLENN: Oh, my God.

ALAN: So it's a very, very different standard.

It's rare to get a search warrant.

Normally, the way to go, is just in a gentlemanly way. Or in a ladylike way. You say, look, we're subpoenaing this. Please, produce it to the court tomorrow. And if you don't, you'll be held in contempt. And if you try to destroy something, like it's claimed Hillary Clinton tried to destroy some of our servers, that's an independent crime.

But Hillary Clinton didn't have a search warrant conducted against her. Joe Biden didn't. I don't know about Biden's kid.

I don't know whether Hunter Biden had a search warrant. Search warrants are not the usual way of obtaining material.

Usually it's by subpoena.

GLENN: So I talked to you maybe six months ago, and we were talking about banana republics.

And you said, we're up to six bananas. Get ten bananas, and we're a banana republic. Where are we today?

ALAN: Yeah. If it's a conviction, we're up to seven. But there's another court I want to talk about for a second, if you don't mind. And that is the International Criminal Court, that for the first time in its history, has gone after leaders of the democracy. Namely Benjamin Netanyahu, and the -- the foreign -- the military minister, in Israel. Even though, what they did was purely self-defense.

And -- and it means that the United States is at risk. Great Britain is at risk.

Canada is at risk. Any country that wages war is now at risk.

There is a rule for the International Criminal Court, that they can't go after any country, that has a working judiciary, which is capable and willing to investigate their own people.

Now, Israel has a very active judiciary. Four former prime ministers were investigated.

Four former prime ministers, Rabid, Sharome, Elmer (phonetic), and Netanyahu. In one form, a president went to jail. In fact, I made a joke about that, when I visited Omar in prison. I said, in Israel, when you ask for a former Prime Minister's cell number, it's not necessarily his cell number. And what other country can boast that they have had such an aggressive judiciary? And yet the international criminal court says, no, no, no. We're going after you.

Even though, Israel and the United States, they're not even signatories to the treaty. They're not members of the court. So we live in an age now, where courts are going out of control.

The court in New York is out of control. The court in the Hague is out of control.

And we should not be living by the judiciary. You know, in the book of, I think it's the book of Ruth. In the Bible, it starts by saying, when judges ruled the land, there was famine and hunger.

You know, you don't want judges to rule the land.

GLENN: Yes. Yes.

Alan, thank you so much for talking to us. I appreciate it.

ALAN: Always a pleasure to have an intelligent talk with you. I look forward to it.

GLENN: Thank you. Alan Dershowitz, law school professor ameritas, and host of the Dershow.

The Dershow. And he's also the author of Get Trump. If you haven't read that, it's well worth your time.

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INSIDE Trump’s soul: How a bullet changed his heart forever

“I have a new purpose,” then-candidate Donald Trump told reporter Salena Zito after surviving the assassination attempt in Butler, Pennsylvania. Salena joins Glenn Beck to reveal what Trump told her about God, his purpose in life, and why he really said, “Fight! Fight! Fight!”, as she details in her new book, “Butler: The Untold Story of the Near Assassination of Donald Trump and the Fight for America's Heartland”.

Transcript

Below is a rush transcript that may contain errors

GLENN: Salena, congratulations on your book. It is so good.

Just started reading it. Or listening to it, last night.

And I wish you would have -- I wish you would have read it. But, you know, the lady you have reading it is really good.

I just enjoy the way you tell stories.

The writing of this is the best explanation on who Trump supporters are. That I think I've ever read, from anybody.

It's really good.

And the description of your experience there at the edge of the stage with Donald Trump is pretty remarkable as well. Welcome to the program.

SALENA: Thank you, Glenn. Thank you so much for having me.

You know, I was thinking about this, as I was ready to come on. You and I have been along for this ride forever. For what?

Since 2006? 2005?

Like 20 years, right?

GLENN: Yeah. Yeah.

SALENA: And I've been chronicling the American people for probably ten more years, before that. And it's really remarkable to me, as watching how this coalition has grown. Right?

And watching how people have the -- have become more aspirational.

And that's -- and that is what the conservative populist coalition is, right?

It is the aspirations of many, but the celebration of the individual.

And chronicling them, yeah. Has been -- has been, a great honor.

GLENN: You know, I was thinking about this yesterday, when -- when Elon Musk said he was starting another party.

And somebody asked me, well, isn't he doing what the Tea Party tried to do?

No. The Tea Party was not going to start a new party.

It was to -- you know, it was to coerce and convince the Republican Party to do the right thing. And it worked in many ways. It didn't accomplish what we hoped.

But it did accomplish a lot of things.

Donald Trump is a result of the Tea Party.

I truly believe that. And a lot of the people that were -- right?

Were with Donald Trump, are the people that were with the Tea Party.


SALENA: That's absolutely right.

So that was the inception.

So American politics has always had movements, that have been just outside of a party. Or within a party.

That galvanize and broaden the coalition. Right? They don't take away. Or walk away, and become another party.

If anything, if there is a third party out there, it's almost a Republican Party.

Because it has changed in so many viable and meaningful ways. And the Tea Party didn't go away. It strengthened and broadened the Republican Party. Because these weren't just Republicans that became part of this party.

It was independents. It was Democrats.

And just unhappy with the establishment Republicans. And unhappy with Democrats.

And that -- that movement is what we -- what I see today.

What I see every day. What I saw that day, in butler, when I showed I happen at that rally.

As I do, so many rallies, you know, throughout my career. And that one was riveting and changed everything.

GLENN: You made a great case in the opening chapter. You talk about how things were going for Donald Trump.

And how this moment really did change everything for Donald Trump.

Changed the trajectory, changed the mood.

I mean, Elon Musk was not on the Trump train, until this.

SALENA: Yeah.

GLENN: Moment. What do I -- what changed? How -- how did that work?

And -- and I contend, that we would have much more profound change, had the media actually done their job and reported this the way it really was. Pragmatism

SALENA: You know, and people will find this in the book. I'm laying on the ground with an agent on top of me.

I'm 4 feet away from the president.

And there's -- there's notices coming up on my phone. Saying, he was hit by broken glass.

And to this take, that remains part of this sibling culture, in American politics.

Because reporters were -- were so anxious to -- to right what they believed happened.

As opposed to what happened.

And it's been a continual frustration of mine, as a reporter, who is on the ground, all the time.

And I'll tell you, what changed in that moment.

And I say a nuance, and I believe nuance is dead in American journalism.

But it was a nuance and it was a powerful conversation, that I had with President Trump, the next day. He called me the next morning.

But it's a powerful conversation I had with him, just two weeks ago.

When he made this decision to say, fight, fight, fight.

People have put in their heads, why they think he said it. But he told me why he said that. And he said, Salena, in that moment, I was not Donald Trump the man. I was a former president. I was quite possibly going to be president again.

And I had an obligation to the country, and to the office that I have served in, to project strength. To project resolve.

To project that we will not be defeated.

And it's sort of like a symbolic eagle, that is always -- you know, that symbol that we look at, when we think about our country.

He said, that's why I said that. I didn't want the people behind me panicking. I didn't want the people watching, panicking.

I had to show strength. And it's that nuance -- that I think people really picked up on.

And galvanized people.

GLENN: So he told me, when he was laying down on the stage.

And you can hear him. Let me get up. Let me get up.

I've got to get up.

He told me, as I was laying on the stage. I asked him, what were you thinking? What was going through your head? Now, Salena, I don't know about you.

But with me. It would be like, how do I get off the stage? My first was survival.

He said, what was going on through his mind was, you're not pathetic. This is pathetic.

You're not afraid. Get up.

Get up.

And so is that what informed his fight, fight, fight, of that by the time that he's standing up, he's thinking, I'm a symbol? Or do you think he was thinking, I'm a symbol, this looks pathetic. It makes you look weak.

Stand up. How do you think that actually happened?

SALENA: He thinks, and we just talked about this weeks ago. He -- you know, and this is something that he's really thought about.

Right? You know, he's gone over and over and over. And also, purpose and God. Right? These are things that have lingered with him.

You know, he -- he thought, yes.

He did think, it was pathetic that he was on the ground. But he wasn't thinking about, I'm Donald Trump. It's pathetic.

He's thinking, my country is symbolically on the ground. I need to get up, and I need to show that my country is strong.

That our country is resolute.

And I need people to see that.

We can't go on looking like pathetic.

Right?

And I think that then goes to that image of Biden.

GLENN: You have been with so many presidents.

How many presidents do you think that you've personally been with, would have thought that and reacted that way?

SALENA: Probably only Reagan. Reagan would have. Reagan probably would have thought that.

And if you remember how he was out like standing outside.

You know, waving out the window. Right?

After he was shot.

GLENN: At the hospital, right.

SALENA: Had he not been knocked out, unconscious, you know, he probably would have done the same thing.

Because he was someone who deeply believed in American exceptionalism.

And American exceptionalism does not go lay on the ground.

GLENN: And the symbol.

Right. The symbol of the presidency.

SALENA: Yeah. Absolutely. And I think that affects him today.

GLENN: So let me go back to God.

Because you talked to him the next day. And your book Butler.

He calls you up.

I love the fact that your parents would be ashamed of you. On what you said to him.

The language you used. That you just have to read the book.

It's just a great part.

But he calls you the next morning. And wants to know if you're okay.

And you -- you then start talking to him, about God.

And I was -- I was thinking about this, as I was listening to it. You know, Lincoln said, I wasn't -- I wasn't a Christian.

Even though, he was.

I wasn't a Christian, when I was elected. I wasn't a Christian when my son died.

I became a Christian at Gettysburg.

Is -- is -- I mean, I believe Donald Trump always believes in God, et cetera, et cetera.

Do you think there was a real profound change at Butler with him?


SALENA: Absolutely. You know, he called me seven times that day. Seven times, the take after seven.

GLENN: Crazy.

SALENA: Talked about. And I think he was looking for someone that he knew, that was there. And to try to sort it out.

Right? And I let him do most of the talking. I didn't pressure him.

At all. I believed that he was having -- you know, he was struggling. And he needed to just talk. And I believed my purpose was to listen.

Right? I know other reporters would have handled it differently. And that's okay. That's not the kind of reporter that I am.

And I myself was having my own like, why didn't I die?

Right?

Because it went right over my head.

And -- and so I -- he had the conversation about God.

He's funny. I thought it was the biggest mosquito in the world that hit me.

But he had talked profoundly about purpose. You know, and God.

And how God was in that moment.

It --

GLENN: I love the way you -- in the book, I love the way you said that as he's kind of working it out in his own he head.

He was like, you know, I -- I -- I always knew that there was some sort of, you know -- that God was present.

He said, but now that this has happened.

I look back at all of the trials.

All of the tribulations. Literally, the trials.

All of the things that have happened. And he's like, I realized God was there the whole time.

SALENA: Yes. He does. And it's fascinating to have been that witness to history, to have those conversations with him. Because I'm telling you. And y'all know, I can talk. I didn't say much of anything.

I just -- I just listened. I felt that was my purpose, in that moment.

To give him that space, to work it out.

I'm someone that is, you know, believes in God.

I'm Catholic. I followed my faith.

And -- and so, I thought, well, this is why God put me here. Right?

And to -- to have that -- to hear him talk about purpose, to hear him say, Salena. Why did I put a chart down?

I'm like, sir. I don't know. I thought you were Ross Perot for a second.

He never has a chart. And he laughed. And then he said, why did I put that chart down?

By that term, I never turned my head away from people at the rally. That's true.

That relationship is very transactional. It's very -- they feed off of each other.

It's a very emotive moment when you attend a rally. Because he has a way of talking at a rally. That you believe that you are seeing.

And he said, and I never turn my head away.

I never turn my head away.

Why did I turn my head away?

I don't remember consciously thinking about turning my head away. And then he says to me, that was God, wasn't it?

Yes, sir. It was. It was God.

And he said, that's -- that's why I have a new purpose.

And so, Glenn. I think it's important, when you look at the breadth of what has happened, since he was sworn in.

You see that purpose, every day.

He doesn't let up.

He continues going.

And it brings back to the beginning of the book.

Where you find out, that there was another president that was shot at in Butler.

And that was George Washington. And how different the country would have been, had he died in that moment.

And now think about how different the country would be, had President Trump died in that moment. There would be --

GLENN: We're talking to -- we're talking to Salena Zito. About her new book called Butler. The assassination attempt on President Trump. And it is riveting.

And, you know, it is so good. I wish the press would read it. Because it really explains who we are, who Trump supporters are. Who are, you know, red staters. It is so good at that. She's the best at that.