Ahuge day here we have Trump's third indictment for the January 6th case uh the January 6th and stolen election case everything encompassed within that first off can you speak about the charges that were included within this indictment yeah this is a really really rock solid indictment uh the government you know oftentimes has to decide how big or how narrow to go and here they brought a four count indictment right so they didn't try to lard on it counts or 20 counts they brought four counts the first is 18 USC 371 which is conspiracy to defraud the United States pretty vanilla basic charge you see that in a lot of cases uh that have come come before the courts around January 6. it's also a routinely charged case any time you involve a conspiracy involving the government the second is uh 18 USC uh 1512. this is conspiracy to obstruct an official proceeding and I know we're going to talk more about that this relates to the um the electors uh and uh the what happened on January 6th the third is uh uh 18 USC uh 1512 C A diff different part of the same provision that deals with obstruction and attempt attempt to obstruct an official proceeding and then finally uh I think probably the most interesting charge here uh is 18 USC section 241 which is a conspiracy against rights this is essentially a post-civil war statute that was put in place in large measure in response to Ku Klux Klan and efforts to essentially deprive people of their right to vote now the indictment basically serves as a road map obviously these aren't all the charges we'll we'll know what the charges are during the arraignment and as is the case with the stolen classified documents we could also see a superseding indictment but this indictment right here is is a road map so what is the government's Theory as to how they're looking to prosecute this case yeah so the government's theory is really straightforward and I think that that speaks really well of the department and frankly real trouble for Donald Trump and potentially we could talk about later some of these co-conspirators but the government's theory is straightforward which is that Donald Trump shortly after the 2020 election knew he lost he was totally lost he was repeatedly totally lost nevertheless he uh he continued to persist in claiming that he didn't lose and that involved sending his lawyers into court to make various uh outrageous claims and fanciful legal theories and they lay out a series of States Georgia Arizona Wisconsin uh Michigan and Pennsylvania where those claims were Advanced and he and employed a conspiracy with lawyers to push forward these false claims even when he knew and they knew that they had lost after those court cases didn't pan out it then went to its next phase which was the fake electors right essentially more people joined the conspiracy to try to have the these fake slates of electors uh submit fake certificates as if they had been um selected when that didn't pan out then it went even further to trying to get the vice president to not uh do his constitutional obligation certifying the election and then finally uh the in the Final Act of this indictment uh it plays out on January 6th with the president of the United States encouraging again himself directly and through these co-conspirators an effort to continue the conspiracy forward and we all know what happened on January 6th now there are six other unnamed conspirators in this indictment do we have any indication as to who they are and as a follow-up to that you did speak about how the fake elector scheme was a big element of this so if there are only six unnamed co-conspirators but we have the fake elector scheme as as a big element of this indictment wouldn't there be a far greater number because those fake electors would also be included so again I want to give the Department of Justice real credit here and by Department of Justice I really mean the special counsel's office real credit here for not overcharging this case right what they did is they focused in on six people who are senior people now interestingly Brian five of the six are Republican lawyers okay so these are not people who you know may have gotten enticed into signing their name on a piece of paper they shouldn't have not to excuse those fake collectors but these are the people who orchestrated this so we don't know exactly who they are because they're not named but it's pretty clear co-conspirator one is almost certainly Rudy Giuliani this is an attorney who in the words of the indictment is willing to spread knowing false claims and pursue strategies that uh Donald Trump's 2020 re-election campaign attorneys would not so we know from the background that's Donald Trump we are pretty sure co-conspirator 2 this is the person who tried to leverage the vice president uh into uh not following the law we think this is is probably John Eastman uh number three you know a little open for for a question this is an attorney who made unfounded claims um and who uh the president uh privately acknowledged sounded crazy it actually narrow it down I was going to tell you so this is a this is a lawyer who made crazy claims you know I you could guess I could guess who that are that is I think co-conspirator 4 though is a really interesting one because Coke and spurter 4 is a Department of Justice official a Department of Justice official who um with the president attempted to use the justice department to open sham criminal investigations that sounds an awful lot like Jeffrey Clark as you recall uh who uh uh we saw later had his house search so and those are wanted to make the Attorney General correct and that seems to be spelled out in the indictment which is why I I say that my suspicion is that Jeffrey Clark we don't know that those are who those four are but that that appears to be pretty good evidence yeah and by the way like what does it say that Trump tried to appoint as the Attorney General someone who may very well be one of the unnamed co-conspirators In This Very indictment about you know about Trump's efforts to overturn an American election look I think it's chilling I think it is chilling that what you have here is a conspiracy of lawyers of people some of whom like Rudy Giuliani was a public figure trusted by millions of Americans because of his time as U.S attorney and his mayor and others like Jeffrey Clark who are trusted because they took an oath of office to uphold the U.S Constitution others like John Eastman who were viewed as constitutional Scholars so the Republican bar is going to have a lot of explaining to do when this is over because they have promulgated a series of lawyers that we've seen over time who were willing to cast aside their professional obligations and their obligations as Citizens and in some instances their Oaths of office in order to essentially join in a conspiracy with the president United States to to overthrow a free and fair election convictions aside what can happen to these people who do have the ability to practice law for example who've used their positions of power to basically abuse the system like like regardless of what we can expect on the conviction side what about their ability to continue practicing the law yeah so I think two things first of all none of these people have been indicted right they're all unindicted co-conspirators but remember you know we saw recently a superseding indictment in the Florida case and superseding indictments means that the indictment gets replaced by a new indictment and prosecutors do that to do two one of two things they either do it to add new charges which we saw in Florida right they added an initial charge but they can also do it to add new defendants and we saw that also in the Florida case so I'm not here to say that any of these six people are going to be the subject of a superseding Diamond but I sure wouldn't want to be sitting in their shoes right now as Jack Smith prepares this case but even if they're not indicted even if they're that does not come to to pass and they remain unindicted co-conspirators and by the way one or more of them could be cooperating with Jack Smith for all we know and that's why they're unindicted um but even if they're not indicted uh you know all of these people are going to face Serious Bar challenges because um you know they're they're licensed practice law does not give them a license to uh to conspire to over-term election and in fact several of the people we just mentioned we know have already been the subject of bar proceedings we know Rudy Giuliani has faced disciplinary action we know Eastman is in the middle of disciplinary action in Florida um so and we know that several of the other lawyers associated with Trump have faced that as well now as part of the indictment a senior Trump advisor in 2020 had emailed and I want to read the contents of this email that were included in the indictment because I think you'll find them interesting when our research and campaign legal team can't back up any of the claims made by made by our Elite Strikeforce legal team you can see why we're over 32 on our cases I'll obviously hustle to help on all fronts but it's tough to own any of this when it's all just conspiracies when it's all just conspiracy beamed down from the mothership now uh those 32 losses would eventually balloon to over 60 losses and many of them were at the hands of you and your legal team so how does a how does a quote like that I guess what's your reaction to a quote like that and beyond that how does a quote like that impact Trump's defense in this case so what's interesting is they were only halfway there right right at 32. they were like it's halftime guys let's keep going right because they wind up losing over 60 cases and it is surreal to see it in writing because you know at the time it's easy now to look back and have everyone say well they brought these lawsuits and they lost but at the time we were dealing with these in Rapid Fire succession and it wasn't clear where they were going to end you know it just wasn't clear like we had the law on our side we had the facts on our side but you know all they had to do is convince a judge in in the Georgia courtroom or a judge in a you know Wisconsin courtroom and things things could look uh could look very different so um to know that they knew at the time that these lawsuits were frivolous I think is a really really troubling thing to think about a lot of operatives and lawyers like a lot of people had to know that this was nonsense and yet at 32 they didn't stop it went to 40 and 50 and 60. so you know it's very very troubling uh whether whether part of a criminal case or not and just I guess what does it feel like to to have personally been such a huge part of this I mean again this is a reference to a lot of the cases that you yourself and your team broad I mean and and ultimately like look where look where they ended up I mean it's it's that quote itself was used in an indictment against Trump for you know arguably one of the most heinous crimes against this country in its history yeah so look I look at the indictment and as I read it they talked about the lawsuits in Arizona I was like yep I remember those they talk about the lawsuits in Georgia I'm like yep I remember those they talk about the lawsuits in Pennsylvania and in Michigan and in uh and in Wisconsin and elsewhere and it is just surreal and then you see that quote and I just think God we were we were worried about the fate of free and fair elections and democracy and they knew it was yeah and they knew it was and they were putting the country through it anyway that's just that's just like a whole other level yeah well we'll leave it there uh with that said obviously I speak on behalf of everybody in saying thank you for the work that you and your team have done obviously has resulted in in you know in large part uh the indictment that we're seeing today so uh for those watching if you want to support Mark and his team make sure to sign up for democracy document it's a news Outlet focused on voting rights and elections I'll put the link right here on the screen it's also in the post description of this video I'm Brian Tyler Cohen and I'm Mark Elias this is democracy watch thank you foreign foreign foreign foreign
