you're watching the legal breakdown so Glenn in light of the doj's new superseding indictment against Donald Trump one of his January 6 Architects Jeffrey Clark has made a pretty stunning Revelation himself here what just happened so um there were disciplinary proceedings conducted against Jeffrey Clark by the DC Bar Council to see if Jeffrey Clark should lose his law license for being part of you know Donald Trump's criminal conspiracy to try to overturn the results of the 2020 presidential election and Brian just a matter of days ago the um the disciplinary panel of the DC bar issued a 213 page report concluding after an extensive hearing Jeffrey Clark should have his law license suspended but then we got the superseding indictment where Jack Smith because he was concerned with Donald Trump's potential presidential immunity nobody else's immunity he pulled out of the indictment the the language about Donald Trump directing Jeffrey Clark to basically you know do some dirt on his Donald Trump's behalf so Jeffrey Clark may have been absent from class the day this case was argued in court and maybe he doesn't realize that presidential immunity isn't Jeffrey Clark immunity but it really only applies to presidents so here is what Jeffrey Clark wrote In Like A little one and a half Page Letter to the court that oversees this disciplinary panel of the DC bar he said that because the superseding indictment deleted that information about Donald Trump you know talking to me about doing his dirty bidding quote Mr Clark is not just unindicted but unindictable well the problem with that Brian is in the many oral ARG arguments that have been conducted on presidential immunity the arguments to judge chuin the arguments to the DC federal circuit court of appeals and even the Supreme Court arguments one of the driving concerns that we heard over and over again is that if a president of the United States has presidential immunity he could order for example SEAL Team Six to take out his political rival the problem with that is Seal te Team Six would still be on the hook for the crimes they committed why they ain't president Jeffrey Clark is the functional equivalent of SEAL Team Six in that scenario but like I say maybe he was absent from class that day this superseding indictment that took out some of Donald Trump's conduct has no impact on whether Jeffrey Clark is indicted or indictable now what he was referring to there is he was an unindicted co-conspirator in the first Trump indictment but he's not once they took that information out of the superseding indictment doesn't mean he's not indictable for the crimes he may have committed as part of this you know criminal operation it's just that for the moment he no longer appears as an unindicted co-conspirator in the Trump indictment in DC of course let's remember he's an indicted Rico defendant in Georgia so this is Jeffrey Clark you know doodling off his little page and a half letter trying to flex and assert that he's no longer in trouble when nothing could that when that's you know nothing could be further from the truth well the thing is too if if they ultimately do decide to indict him in DC then they'll include that information in his indictment the only reason they took it away from Donald Trump's indictment is because he would be the one to enjoy presidential immunity but Jeffrey Jeffrey Clark doesn't because he's not the president and so if they wanted to indict him they would just include that information in an indictment against him exactly and he he can still be indicted assuming Jack Smith continues to present evidence to the grand jury about what Jeffrey Clark did and what John Eastman did and what Sydney Powell did and what Rudy Giuliani did and what Kenneth chesbro did and the other presently unindicted co-conspirators in the federal courts as I say not down in Georgia where Jeffrey Clark and the others are indicted um so yes he can still be indicted he will still be indicted if the evidence supports indicting him and really the key takeaway for our viewers is presidential immunity doesn't equal Jeffrey Clark immunity now can you speak about whether you think there's a high likelihood that we'll see some type of superseding indictment in the DC case uh that includes all of these unindicted co-conspirators Brian you know my betting limit as do our viewers $1 I am not a high roller I'm not a gambler man I would put the whole Buck on Jack Smith um next inditing the The formerly unindicted co-conspirators and here's why including Jeffrey Clark assuming he has enough evidence to um uh secure an indictment from the grand jury I think the the unindicted co-conspirators in the Trump indictment before the superseding indictment was returned Jeffrey Clark John Eastman Rudy Giuliani cydney Powell Kenneth chesbro I think Boris epin was likely the sixth that's an open question um here is what Jack Smith would never do in my estimation as a former career Federal prosecutor there's no way he would announce to the world in that first Trump indictment uh folks these six unindicted co-conspirators helped Donald Trump try to override the expressed will of the American voters try to reverse a presidential election and tried to in a very real sense end our democracy but you know what folks I'm going to give those six people a pass right not going to happen I think the timing of the next indictment was largely dependent on whether Jack Smith thought he could get Donald Trump to trial in the federal case in DC before the election it looks like that will not now happen but yes you are going to see bet on it some additional federal indictments handed down in the probably not too distant future and do you think that those indictments will be part of this case or will that be a separate case will they want to keep Donald Trump alone that's a great question so if they they try to run all of the co-conspirators separately and run Donald Trump in a trial just you know unto himself believe it or not what those defendants could do was file a motion to join they could actually it's not often done but it is a lawful process you can file a motion to join and if there are similar defendants who are charged with similar crimes as part of the same criminal scheme then they can bring those cases together or try to have a judge rule that they should be joined together for trial so if all of those defendants think it's in their tactical interest to be tried together and they may then they'll do that um but I also think there is some wisdom to just trying Donald Trump himself regardless of when this trial uh actually commences it could be a year from now after Donald Trump loses the presidential election because if he wins he will tell his attorney general to dismiss all federal cases against him and probably his criminal Associates as well um but I think you know Jack Smith might be well advised to try to just keep Donald Trump as a standalone trial so you don't have for example six or seven or eight criminal defense attorneys each representing one of the codefendants cross-examining every flipping Witness I've been in that circumstance I tried a six codefendant Rico trial with 11 defense attorneys it went on for six months I don't recommend it to anybody um so I think Jack Smith would be well advised to try to keep Donald Trump as a standalone trial okay and then finally the issue at hand here what do you think the likelihood of Jeffrey Clark hanging on to his law license is going to be um so the recommendation of the threers panel of the DC bar was that his law license should be suspended for 2 years I have a feeling that is where this will end up he will have his law license suspended I don't think Jack Smith's decision regarding the superseding indictment will have much of an impact at all so yeah I think Jeffrey Clark Remains Not only an an indicted co-conspirator in the Georgia state RICO case but I think he remains imminently indictable federally and at risk for losing his bar license does it not seem crazy to you that two years is the uh is the length of time that they're willing to go to for somebody who sought to undermine an American election by by using his his his legal license to do it yeah you know Justice delayed in any number of settings is Justice denied and the the longer you take to bring folks to Justice or hold them accountable for trying to run rough shot over the expressed will of the American people um the more you're encouraging and emboldening others who would choose that same criminal path so that is a real problem and what we've been talking about all along is when this sad chapter in American history is in our rear viw mirror we really do need to take a hard look at the institutions of government particularly those that are responsible for enforcing the law and they need to be in the business of enforcing the law in a timely manner because if not if you let it linger you end up where we are four years after the last Insurrection with Donald Trump the perpetrator of the last Insurrection trying to do it all over again that is no place for a Civilized Nation to be well it's not just the fact that it's been so delayed in terms of seeking some some semblance of accountability here but but being able to use your law license to undermine an election seems like enough of a predicate to just revoke somebody's law license altogether not just to suspend it for 2 years yeah Rudy Giuliani certainly learned that the hard way didn't he and yet Jeffrey Clark's case has lingered and what I will say Brian you know having toiled away inside the criminal justice system for three decades things don't often happen quickly um and I'm glad that we give everybody due process and then some to challenge any allegations whether they're coming from a a criminal court or they're coming from a bar disciplinary panel I mean we want people to have a healthy dose of due process to be able to defend themselves but for gosh sakes we do very little of it in a timely manner yeah well we will of course stay on top of what happens with Jeffrey Clark and uh and these uh kind of ridiculous attempts at absolving himself that he's putting forward right now for those watching if you want to stay on top of this stuff please make sure to subscribe the links to both of our channels are right here on the screen I'm Brian teller Cohen and I'm Glenn kersner you're watching the legal breakdown [Music]