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Sidney Powell on Robert Mueller's 'poster boy for prosecutorial misconduct' - YouTube
Channel: Fox News
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hello America I'm Marc Levin this is
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life liberty and Levin a great guess
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Sydney pal how are you my friend great
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thank you it's an honor to be here I
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honor former federal prosecutor you were
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in fact this is quite remarkable you
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worked at the Department of Justice for
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ten years you worked in three federal
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districts under nine different United
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States Attorney's it's not that you
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change it's that they change over of
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course a time when a new administration
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comes in or what have you and these US
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attorneys were appointed by presidents
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of both parties exactly and you also
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have been counsel lead counsel in more
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than 500 federal appeals 350 of them as
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in the Assistant United States attorney
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and appellate section chief in the
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western and northern districts of Texas
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I just want our audience to know how
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significant that is how impressive that
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is because there's a lot of brilliant
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assistant United States Attorney's out
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there and you were one of them thank you
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and I want to take a very very close
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look at Robert Mahler's office a lot of
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people focus on robert muller and they
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should but the svengali in there my word
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is the number two guy whom allah relies
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on for everything
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andrew Weissman so let's focus a little
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bit on Andrew Weissman so the American
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people know who he is and knows who
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really is the in many cases the Wizard
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of Oz tell us about Andrew Weisman well
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I've called mr. Weisman the poster boy
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for prosecutorial misconduct because
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Muller had a role in hand picking him
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for head of the Enron task force and
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appointing him to that position and what
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was Muller at the time Muller was in the
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FBI at the time the director of the FBI
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yes they fix Weissman to handle the
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Enron case yes
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Wiseman was a deputy director at the
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time when they first started under
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Leslie Caldwell who was the chief of the
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Enron task force when it was first
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created in the collapse of Enron so they
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said about and targeted Arthur Andersen
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to begin with the venerable accounting
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firm so they're investigating Enron yes
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and they target Arthur and
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yeah for what for destroying evidence
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it's what they called it but they did it
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by making up a crime by combining two
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separate statutes to create a crime out
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of something that wasn't so they
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destroyed Arthur Andersen they knew they
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were going to destroy the company they
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say oh did they destroy our ceramics by
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and IDing it they indict Arthur Andersen
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because they're the financial advisors
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to Enron exactly they were the auditors
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and financial advisers to in Tehran and
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they they manufacture a crime by
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combining two different statutes exactly
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and at that time how many people work
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for arthritis 85,000 people worked for
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5,000 people and Weissman was the lead
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investigator he was the lead prosecutor
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on that case and he reported in part he
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informed the director of the FBI at the
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time Muller yes okay well what did they
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do well they knew they were going to
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destroy the company when they indicted
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it because Andersen represented 2,500
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publicly traded companies and no auditor
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who represents publicly traded companies
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can function as an auditor when they're
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indicted so they sealed the indictment
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for a week while they were over they
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indict them seal the indictment for the
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week a week yes that's absolute disaster
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for accountants auditors financial
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advisers yes okay and they worked behind
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the scenes during that week to avoid
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upheaval in the markets so that when
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they announced the indictment and unseal
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it publicly the the markets are not as
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disruptive as they would have been if
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they had just indicted them publicly
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immediately well they indict Arthur
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Andersen for they indicted them under a
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witness tampering statute and the way
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they did it they took essentially it
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took criminal intent out of the process
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and in fact when the Supreme Court later
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got the case justice Rehnquist wrote the
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decision for the majority well for the
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unanimous Supreme Court and said it was
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shocking how little criminal culpability
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that
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instructions had required and that the
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Anderson had not committed a crime at
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the time so Anderson gets caught up in
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the sin Ron case Wiseman must know that
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there wasn't mens rea uh or criminal
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culpability he indict s-- the entity
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which for a major international
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corporation as a disaster begin went
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because then you get documents
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subpoenaed and so forth you have to be
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searching your computers and your
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records here and all over the world and
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so forth so it creates great tumult in a
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company completely and that in and of
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itself depending on the nature the
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subpoenas and the indictment and so
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forth can can freeze a company and so
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here's this company arthur anderson
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that's in the business of protecting
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other companies their auditors their
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accountants their financial advisers and
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they're being accused of what witness
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tampering yes and obstruction of justice
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under two different statutes that
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combined created this new offense
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because there wasn't one anderson had
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not been subpoenaed for any documents at
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the time anderson was cleaning up his
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files and proceeding to get ready for
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the investigation so they just made up a
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new offense by combining the two
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different statutes now do call the name
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of the federal trial judge that was
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involved in the case melinda harmon in
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houston melinda harmon in Houston and
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then Anais whom they appealed it
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Anderson did appeal it and what happened
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on appeal the Fifth Circuit affirmed it
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on appeal firmed it then they appeal it
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to the United States Supreme Court which
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takes the case which is relatively rare
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yes and the justices look at this you
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mentioned Rehnquist and they say wait a
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minute there's no criminal intent
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there's no criminal culpability this
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isn't even really a statute the
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instructions were faulty and what did
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the Supreme Court rule they reversed it
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unanimously unanimously every justice
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said know exactly what happened to mr.
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Weissman since he led the case oh
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absolutely nothing
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mr. Weissman went on to become director
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of the in Iran task force in fact he had
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already by that time by the time
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Anderson was reversed he had already
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turned his sights on the Merrill Lynch
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defendants in what was called the Enron
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or Nigerian barge case and indicted for
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Merrill Lynch executives on a
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multi-count indictment in which they
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also made up a crime when he get to that
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in a minute what happened to Anderson
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Anderson was destroyed the minute it was
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indicted it collapsed it collapsed not
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only was it under criminal indictment so
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it lost all its clients but I think a
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hundred and sixty civil plaintiffs piled
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on in multiple lawsuits so it was
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crushed all those people lost their job
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exactly investors lost all their money
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all the partners weren't lost their
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money he lost everything in a case that
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was reversed nine to zero by the United
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States Supreme Court that mr. Weissman
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was in charge oh yes and Anderson had
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been known to be the hallmark the
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benchmark for accounting standards
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Anderson was the gold standard for
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accounting a venerable accounting firm
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Merrill Lynch you mentioned was Weissman
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involved in that oh yes what happened to
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Merrill Lynch Merrill Lynch was indicted
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well not the company but I think one of
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the reasons they indicted Anderson was
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to send a message to other companies
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that if they knocked on your door if the
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Enron task force knocked on your door
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you'd better cooperate or you could be
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destroyed and given the death penalty
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just like Anderson would even if you you
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don't know anything and you didn't do
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anything exactly that's the power that
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is the power that a handful of
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prosecutors have yes just and you even
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see it today with the indictments with
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Muller hands down indictments it's all
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one-sided people need to understand the
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other side doesn't have any saying it
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they haven't had a chance to respond to
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it nothing's happened but a group of
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government lawyers have decided to
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charge somebody or some entity with
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crimes that's the beginning of the
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process it's not the end of the process
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and I want to pursue this with a little
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bit more later because the media treat
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it as well that's it but I want to talk
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about these executives with Merrill
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Lynch what happened to them
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well essentially Merrill Lynch offered
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them up as sacrificial lambs and entered
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into a non-prosecution agreement with
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the government on behalf of Merrill
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Lynch the company that was extremely
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onerous in fact they agreed to have a
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overseer from the Enron task force
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installed and Merrill Lynch for a period
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of 18 months to oversee everything
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including the bills that the defense
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lawyers were submitting they agreed that
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no Merrill Lynch employee could say
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anything that contradicted the
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government's view of the prosecution
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which was absolutely astounding and I
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think illegal and then the Merrill Lynch
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executive so the government secretes
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itself within the company it's
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investigating yes to oversee the bills
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that they're paying their defense
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counsel yes and everything else that's
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going on and thoroughly unconstitutional
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these four executives they're indicted
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what happens to them their lives are
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destroyed they went through a ten year
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period of unmitigated hell
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there was the investigation and then
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they're indicted and then they face
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trial the trial was a circus detail it
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at length in my book this book yes
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license to lie yes they were tried in
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Houston in the wake of the rendre in the
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wake of the Enron collab or angry people
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were furious Anderson had just been
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convicted so there was all the uproar
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about that all of Huston was in turmoil
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because of the collapse what happened at
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age 4 they were all convicted the
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lawyers for the defense were like deer
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in headlights most of the time they were
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blindsided at every turn by the
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government by the government they had
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made repeated requests for what's called
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Brady material because the government
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holds all the cards in a criminal
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prosecution
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yeah the government is legally
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constitutionally and ethically required
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to produce any evidence
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is favorable to the defense that's that
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is within the government that possession
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or within its reach oh no they
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steadfastly denied that there was any
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such Brady material when the defense
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kept making demand after demand after
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demand the judge at the time judge you
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in were line who was assigned the
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Merrill Lynch case finally made the
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government produce a list of people that
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they had admitted might have some Brady
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material and then upon further demand he
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finally ordered the government to
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produce summaries of that material when
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we come back I want to know ultimately
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what happened to these four executives
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then I want to continue to examine mr.
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Weissman because it's very very crucial
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and beyond that how this special
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counsel's office is operating ladies and
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gentlemen don't forget most weeknights
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you can watch me on Levin TV Levin TV go
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to blaze tv.com slash mark I hope you'll
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sign up there blaze tv.com slash mark or
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give us a call eight four four Levin TV
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