On this Salcedo Storm Podcast: Heather Barbieri is a criminal defense attorney and partner at the Barbieri Law Firm.
Transcribed by https://otter.ai
The wake of the Texas primaries have been thinking a lot about what we value at our people we value conservatives, constitutional conservatives, the right. And you know, there are those who, who tried to who try to exploit us there are those who tell us what we want to hear. And you know, I’ve been thinking about if if we actually had people who are running for office who actually meant what they said who actually acted and implemented on what they said, we’d be so much a better movement, a conservative movement, a better Republican Party, to be honest with you. Not that I associate with the Republican Party.Â
I’m not a Republican, I’m a conservative. But the Republican Party, if it had, if it had remained loyal to the conservative foundations, its conservative planks, it would have been a far better party, a far more effective party if you actually want to know the truth. I listened to all the ads during the primaries, and some of them were just out and out lies absolute lies, designed to basically cloak the activities of lesser men and call it conservative or call it what it wasn’t, wasn’t good.Â
They said oh what we did was good. It was conservative. It was doing what you wanted us to do. And it wasn’t it was a complete and utter lie. I guess one of the examples of this is parental school choice and education freedom. The the republicans who voted for school choice, and education, freedom, they could credibly go to their voters. And they can say, Look, we we did what you wanted. We saw the polls, we saw the sentiment in our districts. And we we did your will those Republicans who saw those same polls, heard from the same same constituents, they went against all of that, when they voted against parental school choice and education freedom. And in fact, they started these pro Democrat Republican started adopting left wing talking points to defend their decision to go against their own voters.Â
One of the most egregious offenders at telling us what we want to hear and then not delivering on the rhetoric is a guy by the name of John Cornyn, John Cornyn wandered around this state in the last primary claiming he was conservative this and conservative that, and nothing could have been further from the truth. And the things that John Cornyn has done in the intervening years, has very much set him up as a moderate, even left leaning politician. So I think that we as voters have got to get more out of this mode of thinking that the rhetoric is what defines the politician rather than the actions of that politician their voting record.Â
Now, all that being said, I know that politicians have to get out there and state what they’re for. And if if their rhetoric matches their actions, then we’ve got a winner a week or so ago about a guy by the name of Eli crane. He’s a congressman stepped in front of the microphone and had an awful lot to say, if Republicans act truly put into action.Â
This rhetoric. I think we’d have a different country today. You know, who does this? President Trump hate President Trump has rhetoric and he puts he puts action behind it. If only the Republicans could match action with this kind of rhetoric, listen. Thank you guys for coming in. It’s an honor to be here.Â
Thank you, Matt. Mr. phonic for leading on this. You know what I love about this watching where President Trump is out in the polls? I love it because it shows the American people don’t trust you guys. And they shouldn’t. Because you guys are full of it. And everybody knows it. He’s talking to the basket of bias press who, who frankly, haven’t been giving Republicans a fair shake? For what, 2020 years plus 20, maybe 30 years. There’s a few honest journalists in this town, but they’re very few and far between.Â
You know how I know it wasn’t an insurrection. Because he hasn’t been charged with insurrection. And we can all see by the law fair, how he’s facing up over 700 years in jail right now how they’ve tried to destroy this man destroy his businesses, that if they felt they had an inkling of a chance of convicting President Trump, of jaywalking or insurrection, they would absolutely charge him. You know how else I know it’s not an insurrection? Because this is the first insurrection in the history of the world where the people that were a part of it were unarmed. Yeah, that’s a great point. The individuals who tried to storm the Capitol, were not armed to conduct their insurrection. First time in human history yet, you get the simpering left wingers who are trying to push narrative over news and the press.Â
They call it an insurrection, even though nobody’s been charged, much less convicted of an insurrection, pretty hard to do if you walk around and see how many individuals are carrying firearms. Alright, last thing I want to say about how I know it’s not an insurrection is because I actually listened to the words of the President. If you’re trying to stoke an insurrection, you don’t tell the people listening. Hey, I want you to go over there peacefully and patriotically. All right. This is not an insurrection.Â
What it is, is a party that scared to death of this man, because he’s America first. And he’s shown time and time again, he’s willing to bust up the swamp, and he continues to beat you like a drum. That’s what this is really about. And for all you journalists out there, you know, that are pretty cowardly. Some in this room right now, you don’t have the you don’t have the balls to write the truth. And even if you did, your publishers wouldn’t publish it. Because you’re a part of the propaganda outlet, probably one of the biggest in the history of the world. If you had any courage I want, I want you to ask some questions. Yeah. Wait a minute before he gets to the questions.Â
The idea that I because I know some of you left wingers who listen to this podcast will say that’s a lie. President Trump never said peaceful unpatriotically. He’s an insurrectionist. And that’s why Colorado was right to throw them off the ballot even though the Supreme Court said No, they weren’t. They acted unconstitutionally. Here’s President Trump, we have come to demand that Congress do the right thing. And only count the electors who have been lawfully slated lawfully slated. I know that everyone here will soon be marching over to the Capitol Building to peacefully and patriotically make your voices heard, which is supposed to be what you’re able to do in the United States.Â
Have your voices peacefully and patriotically heard by those in government. So there’s that and let’s continue on with Congressman crane. If you had any courage, I want I want you to ask some questions about that day, January 6, that we keep talking about. Why is the pipe bomber not being caught yet? Hmm. Why is the pipe bomber not being caught? The one individual that could have committed multiple mass mass casualties has not been caught yet.Â
Yeah. And by the way, they have him on video. They have his license plate, they have his bus pass number. Yet they they can’t seem to track him down. They can track down a grandma, who was wandered into the wandered into the rotunda, or was out part of the 110,000 people gathered Plus, they were just sitting out there saying you know they wanted their voices to be heard. Or you could track down that grandma and throw her in the clink and make her life miserable. But she can’t find an alleged pipe bomber.Â
New video coming out the other day about a bomb sniffing dog going right up to the area where the bomb at the DNC was allegedly supposed to be and the dog missed it. The dog if it was there, or if it was a real bomb. Go look at Go Go follow some of BDS reporting over a revolver news. He’s got some evidence for you guys. What’s going on up here? January 6, is there’s a pretty big cover up actually going on up here in Capitol Hill about some of the involvement of our government, and it’s quite unsavory. And I want to acknowledge rep. Massey’s work on this lately, and others who have been trying to get to the bottom of it.Â
But here’s some other. Here’s some other questions for you. Journalists asks, why did it take so long for reps to be charged? Go Go watch videos of Ray Epps on that day and how he was stoking the entire thing and how long it took him to be charged. And yet there were so many people that were brought in, brought into the DC jail. And they’re still there to this day. So if you guys want to ask some questions, those are some questions. But the bottom line is we all know President Trump didn’t, did not commit insurrection. And he’s probably going to be the President of the United States once again.Â
And so I’m happy to be a part of this resolution. I’m happy to support the president. And I’m happy to call out all you little cowardly liars in the press. Thank you. Yes. Democrat, cowardly liars in the press, who are willing to sacrifice their own country just to give Democrats unchallenged power, who are willing to sell their own children’s future, their own country’s future up the river just to give Democrats unchallenged power, because, you know, they’re doing such a fantastic job with all that power, aren’t they?Â
I mean, look at the accomplishments of the Beijing Biden regime. Yeah, folks, this is serious. And the law affair going on against President Trump is serious. We’re going to discuss that in greater detail coming up on the Salcedo storm podcast.Â
The law fair that is happening right now in favor of the Democrats politics. Not only is it evil, but it should send a message to every American whether you’re a Democrat or a Republican or conservative or a liberal, that if this law fair can be conducted against the enemies of the Democrats now against a sitting president of the United sitting but a former sitting president of the United States against President Trump and the leading candidate to be president on the Republican side. If that kind of law fair can be used against somebody of his stature and caliber. What do you think they’re going to do to you if you ever get in their way? What do you think’s going to happen with no guardrails? No prompting of the conscience from these people? What would they do to you and your family? Let me explore this with Heather Barbie Arey. She’s a criminal defense attorney and partner at the Barbieri law firm. Heather welcome. Heather. Can you hear me? Russell? Do we? Do we have Heather? I think we do.Â
I’m here.Â
Hey, good to hear from you. Okay, so great. Let’s let me get the the lawfare question out of out of the way here. Just give The a general overview about what you think about what’s happening in this country right now, which used to be something that was so reliable in our country. So American, which was equal justice under the law, what’s, what’s your view from 30,000 feet up.Â
From 30,000 feet? I mean, here’s the deal. It’s a pendulum that swings both way. I mean, it’s gonna affect you at some point in time. It’s like it right now. It may not be affecting you or your your political, your political party, but it could eventually, and it will. I mean, it does in both ways. I think that they’re being weaponized. our judicial system is being weaponized on a daily basis, in order to push forward somebody’s political agenda.Â
Okay, so let’s break down some of the cases against President Trump. And then we’ll expand the conversation to other people being impacted by this law fair. You’ve got the classified documents case. And many Americans, even Democrats are saying, wait a minute, let me get this straight. Joe Biden never had any, any ability to possess classified documents as a senator as vice president. Bush was stealing classified documents for 40 years, that he willfully stole those documents for 40 years, he’s not going to be prosecuted. And oh, by the way, his Theft did result in compromising the national security of the United States. So not only is he not going to be prosecuted, we’re not going to do a damage assessment. However, President Trump, who had every right to classify documents is in possession of these of these documents, he will be prosecuted just on the surface that doesn’t pass the smell test. What does it do legally for you?Â
Well, go back to the whole selective prosecution. They’re trying to put a gag order on him constantly from talking about the term selective prosecution, but that’s exactly what it is. You can’t you can’t absolutely go after one party and not the other. And that’s, that’s the sad part about it is, and I tend from a defense attorney point of view. So it’s usually the government coming after the underdog. And at this point in time, Trump is the underdog. Yeah, he’s the one who’s facing the these accusers, but it’s unfair treatment is selective prosecution. And it’s absolutely not what our country is made for.Â
Well, that’s true. And then you go to the election, so called election interference case, which is stemming from January 6, which has led to states like Colorado and Maine taking President Trump off of ballots based on a charge as is this case, in the election interference. The charge is, is that the President interfered with the election, and he caused an insurrection, which he has not been charged with, nor has anybody know, nor is much less easily been convicted with anything. So tell me what’s your what’s your take is on this case.Â
I think being taken off the ballot. I mean, it crosses party lines on how wrong and unfair that is. You know, like with the packing case, the voters have chosen, you know, lots of voters, they’re not children. They’re adults, they’re qualified to vote, let the voters make the decision. But don’t you dare come in and make the decision for me, or prevent my decision from being being allowed? When, you know, when you have a majority of people to vote on your side? That’s what you should have. You shouldn’t sit there and absolutely stifle them from being able to vote. It’s I think it’s absurd. I think that Democrats and Republicans alike to this absurd.Â
Right? And again, how do you take a man off the ballot? How do you charge a man with an insurrection or take action on a charge that has never been alleged, much less prosecuted and convicted? It’s just it’s this double standard that you and I have been talking about the law fair, that I think rubs so many people the wrong way, Heather Barbie Arias, our guest folks, a criminal defense attorney and partner at the Barbary law firm. Let’s talk about the RICO case that the so called Rico case in Georgia, being prosecuted by a woman who has a lot of serious problems. I’m trying to find a headline here, that that just basically came out about Fani Willis. It seems that phone records according to let’s see, this must be the Daily Caller, phone records appear to contradict elements of Fani Willis’s testimony. She ought not lied on the stand out and out lied on the stand and now the judges are the judges compelling them to tell the truth. Just Just boil this all down. This seems that this case that’s brought in Georgia is crooked from the jump. No?Â
I was I would say so. But you’re talking about people who will eventually say that they were mistaken. You know, and that was a lying I was just mistaken, which seems to be what Though the language the temperature these days when people are caught line, I understand Yeah, we were mistaken. Last one on the Trump is is this thing at a New York actual there’s two out of New York, the Alvin, the Alvin Bragg case. Even Democrats are saying, Man, this, this guy took a misdemeanor that had that statute of limitations had run out. He used unicorn poop and fairy dust and made it into a federal Federal offense, and then said as a local DA, he could prosecute a federal offense, which many legal observers even on a Democrat side are saying that just we’re not even going to pay that any attention. It’s so ludicrous. But on the judge and Goron case where they just decided against President Trump $355 million on a crime with no victim. And, and that the you’ve got real estate professionals coming out of the woodwork Heather, and they’re saying, Man, real estate professionals do what Trump did on a daily basis. If you’re going to throw the book at President Trump over this, you got to you got to prosecute everybody that’s in real estate all over the United States. It shows you the level that this is a political attack, not a legal one, correct?Â
Correct. When you when you’re talking about the bank’s money, if you said there’s no victim, of course, there’s no victim. In fact, there are people who gained money from this transaction, right? Yeah, instead, they’re coming after him. Like there is a big demand that again, they can claim, I wouldn’t even call it a crime, I would call it a victimless claim. Also, I mean, it’s what bothers me so much about this is it wasn’t even a jury trial. Okay, it was just a judge trial, because they don’t allow jury trials for that type of offense, which is called equitable relief. But absolutely weaponizing against a political opponent. That’s what this was. Well, you know, Pete, yeah, finish finish your sentence. Go ahead. Oh, yeah, with regard and then, of course, you add into what he’s gonna have to do in order to do an appeal, which, you know, it would give anybody a chilling effect that doing an appeal, but Trump is going to need to now get a stay in order to stop the judgment for the Finance Committee to seize his assets. So now he’s gonna have to put up like 355,000 or $355 million, or assets, equally the same amount or getting an appeal bond in order to just appeal. What’s the ridiculous ruling to begin with?Â
Yeah. And of course, this is all by design. This is all to to distract him to to punish him for daring to oppose Democrats. And it’s not just President Trump. You and I have been talking about this law fair and how it’s extending. If you think they could do this to President Trump. What are they? What can they do to you? Well, Mark Stein has found out he appeared before a DC jury. Mark Stein went up against this guy by name of Paul Mann is the University of Pennsylvania. He’s the architect of the infamous hockey stick model on on the manmade global warming religion. And Mark Stein was quoting somebody else who compared who compared Paul man to Jerry Sandusky, also of Penn State. And, and because Mark Stein partially agreed, partially agreed with the statement, Mark Stein was handed a $1 punishment for damages, and then a million dollar judgment on punitive damages. When the guy who made the original so called offending statement only got only got slapped with $1,000. Because Mark Stein is a conservative talk show host. He has an audience of hundreds of 1000s, maybe millions of people. So he, according to a DC jury really needed to be punished for going against left wing orthodoxy. And this is exactly what we mean by law fair, isn’t it?Â
It is, and I mean, it doesn’t even amount to defamation. Defamation, the first thing you have to establish is that somebody’s saying a false statement. That really is something that’s true. I mean, this is an opinion based on the science matters to begin with. But the million dollar judgment against sign is is punitive damages, and by the very name punitive is to punish I find that very interesting.Â
Because they do want to punish them for thought, exactly. It’s a thought crime. The left wing jury in Washington DC said, Hey, you disagree with us. So we’re gonna make you pay, folks. What we’re trying to tell you is, if it’s if it’s not you now, if you ever disagree with these leftists in the future, they’re coming after you and that leads me to the Attorney General of, of Texas, Ken Paxton. Here’s a guy who, because of his sin of beating a Republican establishment, chosen Bush boy in his original election as Attorney General. He has been under this dark cloud of of prosecution since day one. And Ken Paxton has had many of these original charges dropped. But the ones that have that they have stuck with, he has been waiting. What is it now Heather nine years to have his day in court. And one of the first things his his accusers have done, him tried to take his case out of a county that is arguably more fair and moving into a left wing County, that is tantamount to Washington DC, which is Harris County, which is where Houston is, and and there is no legal basis to move this. And it is plain as the nose on your face where they’re trying to do it. They’re trying to move Ken Paxton’s case into a Democrat area, no matter if he was crossing the street, jaywalking, then they throw the book at him. Yes.Â
Right. Agree. And, and I’ll be careful about what I say because the gag order was issued in March of 2017. And I was there in that courtroom when that ruling came down. And we were in shock that he was moving the case to Harris County. And what did he do right after that he imposed a gag order. So we could talk about it and talk about this vowel ruling that we just received. And I say sour in a very, very generous way. That it was it was highly political. This whole case has been political. I mean, how Paxton has been able to deal with these baseless attacks for so many years is beyond me, but he’s an incredible human being.Â
Well, right. So about about that about the My understanding is it isn’t legal to there was no legal predicate to move jurisdictions number one. And then my understanding is the judge had no authority to issue the gag order to begin with.Â
You’re right. His his position had expired. Wow. At the time that he made the ruling. Wow. It did that incredible.Â
See, again, again, and the rules don’t matter, folks, and this is what we’re trying to say Heather Barbie area and me. Were the rules don’t matter when you get in the way of Democrats. They will break the rules, they will bend the rules. They will ignore the rules in the law to get their political opponents and we the people can’t allow it. Heather Barbie is a criminal defense attorney and partner with the Barbary law firm ppreciate the legal analysis and the help is always my pleasure. Thanks, Chris now puts a wrap on the Salcedo storm podcast do mean yourself a favor kids visit Texas scorecard.com and visit Chris salcedo.com. Both those websites great resources for you. And also remember, a society’s worth isn’t measured by how much power is stolen by government. It’s measured by how much power is reserved for you and me. We the People stay vigilant out there my friends.Â
Transcribed by https://otter.ai