meta_pixel
Tapesearch Logo
Log in
The John Batchelor Show

2/2: #DOJ: #Trump: The four defenses. Richard Epstein, Hoover Institution https://www.wsj.com/articles/donald-trump-first-amendment-jan-6-trial-defense-dbbdf297?mod=hp_lead_pos5

The John Batchelor Show

John Batchelor

Arts, News, Society & Culture, Books

4.52.8K Ratings

🗓️ 5 August 2023

⏱️ 8 minutes

🧾️ Download transcript

Summary

Photo: 1910 Lisbon. No known restrictions on publication.
@Batchelorshow



2/2: #DOJ: #Trump: The four defenses. Richard Epstein, Hoover Institution https://www.wsj.com/articles/donald-trump-first-amendment-jan-6-trial-defense-dbbdf297?mod=hp_lead_pos5



https://www.wsj.com/articles/donald-trump-first-amendment-jan-6-trial-defense-dbbdf297?mod=hp_lead_pos5


Transcript

Click on a timestamp to play from that location

0:00.0

Click and Collect is now available at Selected London Primark stores for kids, baby and nursery products.

0:07.0

Shop exclusive ranges online, select your collection day and get notified when your order's ready to collect.

0:13.0

Go to Primark.com and shop Primark Click and Collect today, little prices, big smiles.

0:23.0

I'm John Batsy with my friend and colleague, Professor Richard Epstein of the Hoover Institution,

0:27.0

the senior fellow teaches law at NYU in the University of Chicago.

0:31.0

And we're reviewing what the Wall Street Journal recommends is four possible defenses, perhaps all it,

0:37.0

perhaps one or others will be emphasized. Freedom of Speech 1.

0:41.0

My counselor told me, too, that would be Johnny Eastman, who Richard tells me is extremely well informed of the Constitution.

0:49.0

In this case, he looks to have stepped outside for a moment, but in any event that will be argued in court.

0:55.0

Number three, Richard. I come forward with that the president of the United States empowered as he is as the chief executive believes everything he's saying about the election being a regular stolen false,

1:10.0

Joe Biden not being president. It goes on. There's many, there's many pieces of the rhetoric.

1:15.0

Does the defense that the president believes it? Speak to the allegations.

1:21.0

Well, again, you have the same problem that you have with the opinion of counsel.

1:25.0

If the president is absolutely convinced that he's right on everything, then he's going to be utterly immune from liability for wherever he does.

1:32.0

The question is not under these particular cases, whether he thought that he was right or wrong.

1:37.0

The question was whether or not he did steps which when looked at from the eyes of an invisible person,

1:43.0

tried to overthrow the way in which this thing was done.

1:46.0

So if it turns out he is trying to basically rig the election, he says, I did it only because I want.

1:52.0

If that's a defense and anybody can do anything at any time.

1:56.0

So it's just much, much too broad to deal with this and like all the other stuff when it comes to sentencing,

2:02.0

he may be able to take it into account that, oh, he really thought he was right.

2:06.0

So he was only in a little bit of bad fact, not a lot of bad things.

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from John Batchelor, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of John Batchelor and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.