Podcast Summary: Jack Smith’s Final Report Volume 1 (Part 2)
Podcast Title: Jack
Host/Author: MSW Media
Episode Release Date: January 15, 2025

Introduction

In the second part of "Jack Smith’s Final Report Volume 1," hosted by Allison Gill and Andy McCabe from MSW Media, the podcast delves deep into the comprehensive analysis of former President Donald J. Trump's efforts to overturn the 2020 election results. The episode meticulously examines the legal intricacies and strategic maneuvers outlined in Jack Smith's final report, highlighting the potential federal charges against Trump.

Overview of Jack Smith's Final Report

Allison Gill (Speaker A) and Andy McCabe (Speaker B) begin by setting the stage for their discussion, indicating that Volume 2 of Jack Smith's report remains unreleased due to ongoing proceedings against key figures like NA and de Oliveira. They reference events from January 6, 2021, focusing on Trump's attempts to retain power through dubious means.

“Volume two can't be released yet because the case against NA and de Oliveira is still ongoing.” [00:00]

Trump’s Actions on January 6, 2021

The conversation transitions to detailing Trump's actions leading up to and during the January 6th Capitol attack. Speaker A narrates the timeline, emphasizing Trump's false claims of election fraud and his attempts to pressure Vice President Mike Pence to reject the certified election results.

“Mr. Trump's efforts to remain in power converged and culminated on January 6...” [00:00]

Speaker B highlights Trump's rhetoric during his speech at the Ellipse, noting the contradictory messages of peace alongside repeated exhortations to "fight."

“Mr. Trump told the crowd... he used the word fight more than 10 times in the speech...” [02:59]

Legal Analysis: Conspiracy to Defraud the United States (18 U.S.C. §371)

The hosts delve into the legal foundations of the charges against Trump, particularly focusing on conspiracy to defraud the United States under 18 U.S.C. §371. Speaker A outlines the elements required to establish this violation, including an agreement to obstruct a lawful government function by deceitful means.

“The process of selecting and certifying the President... is plainly a lawful function of the federal government.” [16:39]

Speaker B contrasts this with previous investigations, such as the Mueller report, underscoring the clarity and decisiveness of the current charges.

“Little foreshadowing there. As set forth in section 5D below...” [11:53]

Obstruction of Official Proceedings (18 U.S.C. §1512)

Moving to obstruction charges, the podcast examines 18 U.S.C. §1512, which criminalizes actions that impede official proceedings. The hosts reference Supreme Court rulings, notably Fisher v. United States, to elucidate the scope of these charges.

“Section 1512's criminal prohibition includes, 'creating false evidence.'” [36:42]

Speaker A emphasizes the direct application of these statutes to Trump's actions, particularly his attempts to introduce fraudulent electoral certificates.

“Mr. Trump and his co conspirators... created fraudulent electoral certificates...” [37:19]

Conspiracy Against Rights (18 U.S.C. §241)

The discussion advances to 18 U.S.C. §241, addressing conspiracies to infringe upon citizens' constitutional rights, specifically the right to vote. The hosts cite historical contexts and landmark cases to highlight the gravity of undermining the electoral process.

“Mr. Trump's conduct meets each element. Again, I love this straightforward no BS here.” [43:35]

Speaker B reinforces the constitutional significance of voting rights, drawing parallels to Reconstruction-era laws aimed at protecting citizens' suffrage.

“Protecting the right to vote is critical to the existence of the right.” [44:50]

Potential Defenses and Their Rebuttals

Anticipating Trump's possible defenses, such as claims of good faith belief in election fraud or reliance on legal advice, the hosts analyze their viability. Speaker A critiques the notion that Trump genuinely believed the election was stolen, presenting evidence from the report that contradicts such defenses.

“Even if Mr. Trump maintained that he sincerely believed that he had won the election, a conclusion unsupported by the evidence...” [52:42]

Speaker B discusses the "advice of counsel" defense, explaining why it would fail given the involvement of co-conspirators like Rudy Giuliani and John Eastman, who actively participated in the alleged conspiracies.

“An advice of counsel defense consists of two elements... And there's where you have the problem.” [55:20]

First Amendment Considerations

The episode also addresses the potential First Amendment defense Trump might raise, arguing that his statements are protected speech. However, the hosts elucidate why knowingly false statements used to further criminal activities do not receive such constitutional protection.

“He was being prosecuted for acts constituting criminal conspiracy and obstruction of the electoral process.” [61:18]

“Including fraud in the list of well defined and narrowly limited classes of speech...” [63:54]

Conclusions and Implications

Allison Gill and Andy McCabe conclude by contrasting Jack Smith's report with previous investigations, praising its clarity and thoroughness. They emphasize the importance of accountability and the significance of the report in upholding democratic principles.

“The truth matters. And this work product matters.” [66:33]

Notable Quotes

• “If Vice President Mike Pence comes through for us, we will win the presidency.” — Donald J. Trump [00:00]

• “If you don't fight like hell, you're not going to have a country anymore.” — Donald J. Trump [02:59]

• “Mike Pence didn't have the courage to do what should have been done...” — Donald J. Trump [05:16]

• “The details don't matter.” — Donald J. Trump [18:48]

Final Thoughts

This episode provides a comprehensive examination of Jack Smith's final report, offering listeners an in-depth understanding of the legal challenges facing Trump related to the January 6th events. Through expert analysis and detailed exploration of federal statutes, Allison Gill and Andy McCabe present a compelling narrative on the pursuit of justice and the preservation of democratic integrity.

Speakers:

• Allison Gill (Speaker A): Creator of Mueller, She Wrote

• Andy McCabe (Speaker B): Former Deputy Director of the FBI