Welcome into Outkick the show. I'm your fearless leader Clay Travis. I hope all of you are having fantastic Mondays, wherever you may be. I want to thank our YouTube followers for putting us over a million subscribers on YouTube for the Outkick channel.

If you like this show, click like and subscribe below. Thank you for taking us over a million. It's a big number. Excited to be there. Thank you for everybody who is consuming this show, wherever you may be. TikTok, YouTube, rumble, Facebook, Twitter, all the different places audio, all the different places where you are consuming this show. We thank you very much for that. All right. Let's dive right into the Trump indictment.

I will discuss it. I will discuss it. Let me repeat that. It's easy to track down. Instead of reading and listening to everybody analyze the document that you likely have not seen or read yourself. Read it yourself. Back when I was in law school, I used to have a professor who said, hey, when you're analyzing a conversation, you're not going to be able to analyze it.

You're analyzing a contract when you've got a contract dispute. Do you know what the three most important things are to analyze the contract, the contract, the contract. It astounds me how many people have opinions about documents that they don't even bother reading themselves. So it's 49 pages. It's a quick read. You can digest it in 20 minutes. I would encourage all of you to go read the indictment for yourselves so that you can actually read the

document itself for yourself before you hear people start to analyze it. Having said that. Let me tell you my analysis of the indictment, which I would encourage you to read as well. First, and I think this is most important.

What is radical here is not in any way Trump's behavior. It is Joe Biden and his Department of Justice for the first time in over 240 years of American independence.

We are seeing a former president and a leading candidate to be elected president again, charged with federal crimes by the political party of his chief opposition.

This has never happened before. It is radical. It is revolutionary. It is frankly indefensible that this would be allowed to occur.

So Joe Biden entered office predicated on the idea that he would in some way restore normalcy to our country. And instead doing that, he has actually created a more radicalized, less normalized and far more partisan and democratic threat.

In his administration, he has fulfilled in no way the precept under which he promised he would run for office, which to restore normalcy and eliminate threats to democracy in this country.

So the radical nature of these charges cannot be in any way understated. And if you are going to break a 240 year precedent to bring charges, then the charges have to be of an incredibly significant nature.

And these issues do not rise to that level, primarily because who is the victim here? If you are going to bring charges against the former president of the United States, who is the leading contender to be the next president of the United States, there has to be something there to me.

To me, this is a process crime, not a victim crime. Okay. In other words, these documents were in no way discussed. It appears with foreign adversaries. There was no actual victim here.

Now they have the documents back in their possession. They can put them at the national archives, who has been victimized here? Most crimes require a victim. Who is the victim here? I can't figure it out. There's not even an allegation that there was some sort of victimization other than maybe a long running dispute. Maybe the victims are the archivist, but they got the documents now.

They have them in their possession. So it doesn't add up there. Now I personally, if I were in Miami, which is where this federal charge is going to exist, I would not convict Donald Trump on these charges if I were a juror. And I suspect that Jack Smith, the independent council here, is going to have a great deal of difficulty getting charges.

Getting conviction because I think a lot of people are not going to support these charges. Roughly, the Miami area 50 50 Ron DeSantis won the Miami area in the 2022 race. Trump came very close to winning Miami in 2020. I think there are many Trump supporters. Certainly there are many in South Florida, Venezuelans, Cubans who see this as what it is.

The first step towards authoritarianism when the party in power can try to put their chief political rival in prison. So I would vote to nullify. I would love to be on this jury. If I were in Miami and I were seated on this jury, I would not vote to convict Donald Trump because the precedent that's being set here of trying to put a president behind bars by his chief political adversary is what makes countries, a banana republic. Okay.

Also, I think that this is likely to be a major issue. And I don't believe that you're going to be able to get a conviction here. There are many different legal issues at play that also, I believe, are going to create a huge massive legal mess.

How do you consider the classified documents argument? How does the espionage act enter into and relate with presidential aspects of authority?

What exactly did take place in terms of the attorney client privilege being overrun by the so called crime fraud exception, which could then lead to Donald Trump's own attorneys being on the witness stand testifying against him.

Is that permissible in this scenario? I would try to run out the clock. If I were representing Donald Trump right now. Okay.

By run out the clock, I mean, take this case all the way up to and pass November of 2024. Now within that construct.

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