The Bob McDonnell Case Could Be a Blueprint for Trump

CLAY: Buck, I just want to put this case out in everybody’s mind. Because again, we try to be ahead of where a lot of the media that you’re gonna listen to is, and so I think you’re right about the forum shopping and the aspect that if an indictment is brought against Donald Trump, that a D.C. court would be very likely to convict him. But that wouldn’t be end of the story.

There would be an appeal. And given the fact that any charges that are brought against Trump would theoretically be brought and against and involving statutes that have not been used ever to prosecute a president before, there’s an interesting case that came out I believe it was in 2014. Virginia governor Bob McDonnell was sentenced, found guilty of bribery in Richmond, Virginia. And they were accused of accepting gifts, vacations, loans from a Virginia businessman in exchange for helping the company. The Supreme Court, Buck, 9-0.

BUCK: I got very fired up about this at the time. There was never even an allegation that they took an official act in the further — essentially there was no pro in the quid pro quo. They accepted gifts, and then the appearance of being around the government was considered enough for — the state of Virginia didn’t want to bring charges. The Feds came after him. He was talked about as a vice presidential contender for the Romney ticket, just to give everybody a sense of how high up he was at the time. Go ahead.

CLAY: So 9-0 Supreme Court shot it down. And the ruling said that the federal government’s view was far too broad of bribery law and how it could stretch. And so the reason why I bring this up is these are not directly analogous cases, but given the Supreme Court’s skepticism, I think it’s fair to say a federal power, in its current makeup, it is not extraordinary for me to think about this case against Trump, Buck, going all the way to the Supreme Court and the Supreme Court being charged with determining what exactly are the extent of President Trump’s powers? Did he declassify these documents? Was there in any way a crime that was committed? I think it might well go to the Supreme Court if they bring charges.

BUCK: And I also just want to remind everybody — this is one of my favorites, Clay — when you’re wondering is the DOJ — are prosecutors weaponized against Republicans, think of all the high-level, bogus prosecutions, including the Bob McDonnell prosecution that was overturned 9-0. I was getting heat from conservatives at the time saying, “Hey, guys, look. Does it look a little gross? Yeah. Should his wife be accepting a Rolex from a businessman in her state just ’cause? I don’t know. It doesn’t look so good.” But if he didn’t do anything that was actually in exchange for the gift and he lifted the gift, which he did — Clay, they wanted to send him to prison for 11 years, federal prison. For I think it was $175,000 in total in gifts. They wanted to send his wife to prison for two years, and they used that to force the plea. She wasn’t even a public punishable. They said that she was part of the conspiracy to defraud the state of Virginia.

Bob McDonnell, bogus prosecution. Chris Christie, bogus prosecution. Scott Walker, Rick Perry, Donald Trump. Go down the line, man. This is what they do. They get some lib hack prosecutor at the state level or the federal level to come after our people. They hid exculpatory evidence so they could go after Ted Stevens, and that Senate seat, by the way, then flipped Democrat. They lied to go after Ted Stevens. And without that they wouldn’t have gotten Obamacare through.

CLAY: Well, one of the big ways, Buck, that you make a name for yourself is by attaching criminal charges as the prosecutor in cases like these. And most of the time the prosecutors who are bringing these cases are intensely political in their own right. That’s what’s going on with Trump. If you can take a pound of flesh away from Trump, you elevate yourself in your state political hierarchy whether you’re in Georgia, whether you’re in New York, whatever state you’re involved in.

I would just point out that whatever happens with Trump low-level potential of charges, this thing is probably gonna go all the way to the Supreme Court. So there’s a decent chance that Trump could be validated now. Now, think, Buck, what’s the immediate response gonna be if the Supreme Court…

BUCK: They’re gonna want to court pack and they’re gonna freak out.

CLAY: That’s right.

BUCK: Imagine get to a point where it’s a 6-3 decision, which I think it would be, saying that these charges against Trump are bogus, I mean, the libs — what comes beyond — you know, it is a bit like Spinal Tap. The dial will go to 11. Like, what comes beyond thereby melt down we’d already see if Trump didn’t face criminal charges or didn’t face actual prosecution?

CLAY: Just flag this audio. ‘Cause what they would say is the only way Trump could escape criminal charges is by selecting his own jury. And that’s what they would say because he got three appointments to the Supreme Court.