Straight Talk Rewind: The Fallout of January 6th | Episode 72

In this rewind episode of 'Straight Talk with America's Sheriff David Clarke,' (originally aired January 9th, 2024), Sheriff Clarke dives into the aftermath of the January 6th "insurrection,"  questioning the federal response and the lack of due process for the defendants. He critiques the way the legal system handled the cases, contending that the word "insurrection" is used incorrectly and highlighting the significance of applying the law impartially. Clarke also discusses the presidential candidates' positions on pardons, the abuse of power in political investigations, and the declining trust in the federal criminal justice system. Tune in for a truthful observation that deconstructs media narratives and advocates for the restoration of legal integrity.

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Websites: https://americassheriff.com | https://badgeofhonorcruise.com

Host: Sheriff David Clarke, America's Sheriff

Executive Producer: Judy L. Wilkinson, JL Wilkinson Consulting, LLC 

Producer: Josh Wentz | josh@wentzcreative.com

Copyright 2024  Straight Talk Podcast With America's Sheriff David Clarke     

All Rights Reserved

Chapters

• 1:22 Buckle Up for an Emotional Roller Coaster
• 3:13 The January 6th Anniversary and Media Coverage
• 3:57 Federal Investigations and Due Process Concerns
• 6:50 The Legal Process and Exculpatory Evidence
• 13:25 The Call for Pardons and Political Reactions
• 17:29 Restoring Trust in the Justice System

Transcript

1:22

So what I like to tell people is buckle your chin strap and buckle in and get ready for a roller coaster ride, because that's what it's going to be. Emotional highs, emotional lows, anger, anxiety, all those emotions are going to come into play. Don't worry about them. Process them out. Get through them. Stay focused on the task at hand. And that's who I want to start out with. Last week, the Democrats and liberal media made a big deal about the January 6th anniversary, I think they're calling it. I don't know why it's an anniversary. And doing stories and quotes and interviews and CBS National contacted me and they wanted my take. Based on the fact that the Republican candidates for president were asked, would they consider pardons for the people convicted in the January 6th? trespassing into the United States Capitol and some property damage. People behaving badly, I made that clear. But I said it shouldn't have risen to this big federal investigation, the FBI using sophisticated equipment. There have been over 1, 200 arrests, people sitting in federal prisons. I know there was one Sentence handed out in one of the cases, 30 years, 30 years in federal prison and numerous other Shorter terms in federal prison over what I told this reporter should have been nothing more than handing out some summonses to court for trespassing and Disorderly conduct and maybe damage to government property. That's how it should have been handled. But no, they went the long route. Federal trials, federal investigations, federal indictments. Sending people to prison. And I said to them, you know, first of all, this was not an insurrection. Let's stop using this inflammatory rhetoric. Because that's all that is by the left, by the Democrats, and by the Liberal Supporting Media, Insurrection. It was not an insurrection. And the reason I told this reporter it was not an insurrection, in my view, because it wasn't well organized, it wasn't well planned, and it wasn't armed. When's the last time you heard of a real insurrection by people who were not armed? It doesn't happen. If anybody thinks this ragtag group of people could overthrow the United States government, then you need to be drug tested. It wasn't going to happen, and I don't believe that was their intent, but that's a topic for another day. Anyway, here's what I emphasized. I said, here's what I'm more concerned with. I said, what happened post January 6th was the day that due process, equal justice under law, and the rule of law died in the United States of America. You had the federal government engaged in chicanery, denying people their due process rights after they were arrested. They were denied access to defense counsel. They were held in solitary confinement for lengthy periods of time. And at trial, they were denied full access to all of the evidence that the government had. That's a requirement, ladies and gentlemen, for a conviction. Here's how this works. When a person's charged, Even at the state level, state or federal level, they're indicted and they're arrested. They have, they're supposed to be allowed access to an attorney. They ask for one, you have to ask for one. Many of them did, and it was denied. Also, once they did get counsel, and some of these went to trial, some of them they squeezed them into pleading guilty for a lesser sentence, less, uh, less amount of time in prison. The defense counsel makes a motion for discovery it's called. Now I'm, I'm aware of this stuff because I'm a former investigator with the Milwaukee Police Department. I was the lead detective on homicide cases. I sat at table with the prosecutor during the trial in the processing and trying to get a conviction in court. So I know some of this legal maneuvering, you don't have to be an, uh, a lawyer, a licensed lawyer to know this. So the defense counsel makes a motion for discovery and what that is, the prosecutor must turn over all of the evidence. All of it! Not some of it. Not some that they like. Not some they think is relevant and some they think is not relevant. All of it! It's called exculpatory evidence that must be turned over to the defense to assist that person in their investigation. And defending against the claims. I don't care how much it helps the defendant. You have to turn it over. Instead, our federal government hid it. Kept it from defense counsel. Kept it from juries. You can't do that in the United States of America. Not under due process. I don't care how heinous a crime somebody commits. I don't care if it's a person, a man who sexually assaults a young child. As heinous as that is, they're still entitled to all of the exculpatory evidence that the prosecution has. This is a given, everybody knows this. I'm talking about, you know, the defense counsel and the, they know him, I gotta turn it over. Even stuff that helps, like I said, the defendant, you know, be acquitted. You have to turn it over. You cannot hide it. I gave this example to the reporter. I said, if I was investigating a homicide case, or any kind of case, criminal case, and the defendant had an alibi witness, He says, no, I wasn't there. I was over here with, you know, Junebug. You go over and talk to Junebug? Yeah, he was over here with me that night and you can prove it. He's got an alibi. You have to turn, you have to tell the prosecutor. Hey, we think we have this, we got this, we got evidence of this, but this guy's got an alibi and, and alibi pans out. You have to tell the prosecutor. At the same time, if the prosecution has evidence, that's exculpatory. That shows this guy had an alibi witness. You got to give that to defense counsel. I don't care that it helps the Defendant you have to turn it over. That's due process and if a judge found out during the middle of the trial that the prosecutor didn't turn over all of the exculpatory evidence to the defense after the motion was made for You know to get all the evidence The judge would be livid. The judge would dismiss the case, immediately order the defendant released, and the prosecutor would probably be dis, dis, um, barred, no doubt in my mind, would be disbarred for that kind of behavior, unethical behavior, in a court of law. And at the same time, If I presented to the, during the charging conference, if I presented the case to a prosecutor and I didn't say, Hey, there's an alibi witness, cause you know, that might help the defendant. And the prosecution found out later on that there was an alibi witness and I didn't tell the prosecutor that. After charging, that prosecutor would march into court, tell judge, judge, we're, we move for dismissal. And here's why. This detective over here, this lead detective, didn't tell me that there's an alibi witness. And I'd be done in terms of ever getting anything through a district attorney again because of my unethical behavior Dishonest behavior, that's how that works But instead we found out after that the prosecution the federal government withheld discovery withheld Exculpatory evidence that may have assisted that would have assisted the defendant And they sentenced him, and the judge, the judge knows it now. Maybe the judge didn't know it at the time, but it came out. After they were convicted, there's stories, numerous cases where they didn't get, the defense attorney said, I never was given that information, that videotape, there's a lot of video. He says, I was never given that. Yet the judge hasn't called this thing back into court and said, what the hell is going on here, Mr. U. S. attorney? And make him answer for it. And, and at the very least. The judge would say I'm not ready to rule on what we're gonna move from here But I'm ordering the defendant released until we straighten this out. That's how this should have worked But it didn't and that's why I said it's the day post January 6 that due process and equal justice under law died and so I said Because the reporter pulls up a tweet that I put out on January 6th, I'm sorry, June 6th of last year, 2023. And I said, all these people should be pardoned. And I meant it. You find out this case is tainted in that way. It's kind of like the fruit of the poisonous tree doctrine. You can't use any of it. Now, if the prosecutor wants to refile an indictment and then do it the right way, they can do that. But you don't want this case is tainted in any way and that would never happen. You just let it go. It's done. Over. And that didn't happen. And so you have these candidates for the Republican nomination for president, other than Trump. Trump said he would consider pardoning, pardons. The other ones all danced. Nikki Haley, Chris Christie, they danced. Well, you know, I think Nikki Haley said something to the effect of, well, I, I, you know, I'm not sure that I should answer that, uh, you know, I think, you know, and she started to babble. Spin. Chris Christie's a lawyer. He should know better. And he does the same thing, dancing. Well, you know, uh, that's not a decision that should be made today and, uh, can't be, no. From what I, here's what he should have said. Because I don't know, I know he doesn't know about all of these cases. To say from what I'm reading today, credible reports in the media, I am very upset with this. This is the hallmark. Of our American democracy. Due process. And I'm gonna re examine these if I get elected and we will look at this case by case and anybody that applies for a pardon was gonna get a thorough review of what happened. And if the stuff that I'm reading, I'm, Christie talking, if the stuff I'm reading is true, yeah, I'd issue a pardon. Yeah, I would. No, they couldn't say it. No, they, because they don't want anything to do with January 6th because the Democrats have, You know, forge us into a weapon January 6th, and are clubbing Donald Trump with it. And MAGA Republicans. Clubbing them with it. So they're afraid of it. I don't want a president like that. So the reporter asked, you know, have you made an official endorsement in this presidential race? I said, nothing official. I don't believe in any official endorsement. I said, but I'm supporting Donald Trump. And I said, back in June 6, anybody who wouldn't consider pardoning these people is unworthy to be president of the United States. The president's gonna take an oath. I will uphold the Constitution. The Constitution was bastardized that day after January 6. It was trampled on. It was shredded. Due process didn't exist for these defendants. So I don't have to, you know, like these other people are afraid of, well, you don't want to be accused of justifying the, the actions of the defendant. No, they have to do that. I said it behaved badly, but it wasn't an insurrection. And if it was, it was poorly planned and poorly organized. And so you have to ask yourself, did they have the means with which to carry out an insurrection? The answer is no, they didn't. They didn't come armed. They didn't take any elected official hostage. That would be an insurrection. It's nothing near that. Some goof sitting around painted faces, a guy with the viking horns, people taking pictures with their feet up behind Nancy Pelosi's desk. That stuff is stupid. That is not a serious insurrection. That's frat party behavior. And that's how it should have been handled. So if we want to go about, because the credibility and the integrity of the Federal criminal justice system right now, it doesn't exist. I don't trust them one bit. They have no integrity, no credibility. And if we want to restore that, that would be a good place to start. And then we should celebrate that day when these people are granted pardons, whoever applies for one. There's a process for that too. And I explained that to the reporter, I said, you know, a president doesn't just walk in and say, I'm going to pardon everybody from January 6th. You have to apply for a pardon, a presidential pardon. And then the president has a commission or committee that reviews the case on the request for a pardon. And then they make a finding and they advise the president, you know, here's what we found, here's what this, yeah, we think, you know, we would advise you to pardon this, or no. And then ultimately, though, it's the president's decision. That's the process, that's how it works. So when I said all these defendants who didn't get due process should be pardoned, they still have to apply for the pardon, but they should be released pending their appeal or whatever because some, some skullduggery went on here. And you know what? We on the outside just shrug our shoulders, you know. Well, you know, they shouldn't have done it. Like I said, I don't care how heinous the behavior is. I've dealt with some really despicable defendants, criminals, that did some horrible things, violent sexual assaults, sexual assaults against children, murder. They're still entitled to due process. You have to afford them that, whether you want to or not. And if a jury says you don't have enough beyond a reasonable doubt, yeah, you wouldn't be happy, I wouldn't be happy. But that's the way our system is supposed to work. You don't bypass the rules in the process in your zeal to convict people. And to use this as a political opportunity to get Donald Trump. I don't like that stuff. And I don't care what side's doing it. If, if, if the, the U. S. attorney was a Republican appointee and did this, I have the same feeling. This is wrong. Because that same thing could happen to you and it could happen to me. We have to have faith and trust in our system of justice because of the awesome power and authority they have in ruining lives. You want an example of an insurrection? It wasn't armed. But I would say it is, based on the authority they had. How about all the members of the FBI that were involved in the Richard, the, the um, Steele dossier? Lied under oath! To get a search warrant to spy on a presidential campaign. Lied under oath. Used a false dossier, and they didn't tell the prosecutor when they applied for the search warrant that You know, we got it based on this dossier, but this guy's been discredited. This, we know who he is, and he's not real reliable. Because when you go on to get a search warrant, if you're basing this on a witness statement, or you're basing this on, you know, a co actor that says, Hey, yeah, you know, this, here's what happened here. I was there. You have to tell the attorney, you know what, we've got it from this guy and he's not reliable. We've used him in the past and we've found him to be not credible. And they didn't do that. And then they spent the next four years, remember with the Mueller investigation, trying to prove that Donald Trump colluded with the Russians to steal the elect. That's what an insurrection looks like. Trying to topple a presidency. Anniversary of January 6th. Get out of my face with that crap. When you talk about race, crime, and politics, some folks lose sleep over this, but not me because I sleep just fine on my Giza dream sheets and pillow from my pillow, especially this new 2.0. If you haven't gotten yours yet, you are missing out, just go to mypillow.com and use promo code Clark at C-L-A-R-K-E and save up to 66% off. The direct link is also available on my website, America sheriff.com. Get a great night's sleep. So we can continue the fight. Does the idea of starting your own podcast overwhelm you elevate your online presence with our expert podcasting services, our weekly starter podcast launches new episodes every week, sparking excitement on social media and grabbing attention with engaging video teasers. Our podcast trio will triple your output and supercharge your engagement. Want more consistency? The Daily Delight offers daily episodes, blog buzz, and exclusive promotions to keep your audience hooked. All you have to do is present the content. Let's bring your podcast vision to life, enhance your show with our premium services, and watch your online presence soar. Reach out to Judy at JL Wilkinson consulting at gmail. com or 706 518 2116 to start your podcasting adventure today. Friends. I want to thank you for listening to today's episode of straight talk with yours, truly America's sheriff, David Clark, and a special thank you also goes out to our sponsors. My goal is always is to break down these complex and many times controversial issues and bring it to you straight with a little dose of common sense, no media bias, and no pressure. No talking points, just true. And this podcast would not be possible without your support. I hope you enjoyed this episode. And if you did, please leave a review at Apple podcasts, Spotify, or your favorite place to listen. And please share this message of common sense on social media for more content. Be sure to follow me on true social Twitter, Facebook, and Instagram. This podcast is brought to you by americasheriff. com. With executive producer Judy Wilkinson of JL Wilkinson Consulting and producer Josh Wentz in partnership with our friends at Bulldog Media. If you are interested in partnering with Straight Talk Podcast or having me speak in your area, please contact Judy at JL Wilkinson Consulting at gmail. com 706 518 2116. That's JL Wilkinson Consulting at gmail. com, phone number 706 518 2116.