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4:32Now PlayingFormer Trump DOJ official Jeffrey Clark just threw another wrench into Donald Trump's legal defense by filing a motion in court that claims that he was acting under Trump's authorization. Clark was one of the 19 people indicted in Georgia, and while he was trying to get his case moved to federal court, he made the admission that Trump had directed him to send a letter to Georgia falsely telling state officials that their election was ripe with fraud. Farron Cousins explains what this admission will mean for Trump's case.
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*This transcript was auto-generated. Please excuse any typos.
On Monday of this week, former top Trump Justice Department official, Jeffrey Clark, who is one of the 19 people indicted in the state of Georgia for attempting to overturn the state's election results. Well, he appeared in court trying to argue that he needed to move his case from state court to federal court because by golly, those things he's accused of doing. He did it in his official job with the federal government. And in order to make that claim in court under oath, they argued that Donald Trump, the president of the United States at the time, authorized Jeffrey Clark to do what he is accused of doing. Specifically Jeffrey Clark sent a memo to the state of Georgia at Trump's direction, according to what they said in court Monday, Jeffrey Clark sends this letter to Georgia and says, whoa, whoa, whoa. Hold up on your vote counting there because we've got evidence of tons of fraud all throughout your state.
Therefore, your election results are in question. You cannot continue this and send electors to to the federal government. No, no, no, no, no. We gotta, we gotta take a step back here. None of that was true by the way, they fabricated this claim of rampant fraud in Georgia because they couldn't actually find any. So they lied in the memo telling Georgia to stop, do not send your chosen electors. And Jeffrey Clark now argued in court, Trump made me do it. I drafted this memo at my office at the D O J using my D O J computer, which is why it should be moved to federal court. But I did it because the president of the United States told me to do it. Therefore, it was in my official capacity, and therefore I should be moved to federal court while I have a much friendlier jury pool and you cannot have cameras in the courtroom.
This argument ain't gonna stand. It didn't stand with Mark Meadows when he essentially tried to use the same kind of argument like, yeah, I was. I was his chief of staff and he told me to do this, so I did it. And the judge was like, I don't care. It's not part of your official job to do that. Just like it was not part of Jeffrey Clark's official job to go out there and interfere with a state's election with no evidence to back up any of his claims. Now, Clark's argument here, his memo, he would be able to successfully argue that it was part of his official duties had they actually determined there was evidence of fraud to the degree that it could overturn the state's election results. But lacking that evidence, which Jeffrey Clark lacks, he cannot successfully make that argument. And of course, at that point it becomes an issue of the Trump campaign, not the Trump administration, and sure as hell not the D O J. So right there, I just told you, he ain't gonna get it moved to federal court. You lost. But the more important
Takeaway here, of course, is the fact that he threw Trump onto the bus just like Mark Meadows did. Just like everybody else has done. You now have multiple individuals in Georgia that have gone into court under oath and said, that guy told me to do it. Now, that does not lessen the charges against these people. It will not lessen the penalty against these people most likely, and it's not gonna change whether or not they get convicted. I was just following orders, as we all know through history, is not a viable legal defense. But what it will do is essentially guarantee that Donald Trump is going to be convicted here. Like I've got no doubt in my mind right now based on the information that has come out, not just the evidence, but the testimony of everybody else indicted. Trump's gonna go down for this. I do believe his legal problems in Georgia are the biggest legal problems that he is facing. And if everybody else continues to do what Clark has done, what Meadows has done, what Chesbro has done, then yeah, it's gonna be near impossible for Trump to have any kind of viable legal defense in this trial.
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