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Good evening. It's Tuesday, August 1. Welcome to a new episode of System Update, our live nightly show that airs every Monday through Friday at 7 p.m. Eastern, exclusively here on Rumble, the free speech alternative to YouTube.
Tonight: In a storyline you are probably quite used to already and we'll hear several more times between now and the 2024 presidential election, Donald Trump has once again been indicted. The criminal charges were released shortly before we were about to go live on our program – his second federal indictment and his third indictment. Overall, he's really piling up now, like collectibles.
The first indictment was back in April, and it was brought by Manhattan District Attorney Alvin Bragg, alleging that Trump improperly mis-accounted for payments made to Stormy Daniels in Internal Trump Organization accounting records and that his doing so somehow constituted 34 counts of felony charges.
The second, brought by independent Special Counsel Jack Smith, accuses Trump of violating the Espionage Act and otherwise by taking and refusing to return classified documents, which everyone acknowledges Trump would have had the power to declassify unilaterally because everyone in Washington reveres the sanctity of classified information would never leak them without permission.
Tonight's indictment is based on Trump's conduct during the 2020 election and specifically relates to the January 6 certification of that election. It charges Trump with three separate felony counts, essentially alleging that Trump attempted to obstruct the January 6 proceeding and the 2020 election by claiming, falsely, that the election was shaped by voter fraud and by attempting to overturn the legitimate outcome of the 2020 election by making claims about voter fraud that Trump and his allies, according to the indictment, knew to be false.
The expectations and the hopes among the liberal commentariat and the Democratic Party were that the indictment would be much more sweeping, that Trump would be essentially indicted for inciting what they call the insurrection. This indictment is far short of that and seems to have, at least on first read, some pretty serious flaws and some pretty serious dangers. The indictment concedes, because it must, that Trump has the absolute right to claim that the result of the 2020 election was the byproduct of fraud, even if those claims of fraud were untrue. It also acknowledges, again, because it must, that Trump has the absolute right to use every legal process available to him to try to overturn the results of the election by seeking judicial action, even if the claims on which those attempts are based are also ultimately proven false. It is hard then to see what exactly Trump did beyond that, the indictment acknowledges he has the right to do, that would constitute felonies, given those concessions.
Like everyone, we had only a small amount of time to examine this indictment. It was released less than an hour before our show started tonight. And so, I want to be careful about the scope of the claims I'm making about this today. We'll certainly cover this more in-depth throughout this week. But what is unquestionably true is that the indictment appears to try to criminalize Trump's speech by alleging that it was disinformation. The first real attempt, as Professor Jonathan Turley put it, was to criminalize disinformation. It's essentially based on the claim that Trump alleged that the election was based on fraud and, according to the indictment, that claim was false.
What seems to be also clearly true is that Trump's prior indictments have had very little effect on denting his political support. Indeed, a new New York Times/Sienna poll released today showed him with a massive 30.37-point lead over his nearest competitor in the Republican primary, Ron DeSantis. Despite these two indictments, he is also tied with the incumbent president 43 to 43. If anything, these indictments seem to be helping Trump politically. Indeed, before their starting, polls showed the GOP primary far closer than that. This shows that there is pervasive and intense distrust in our judicial system, in our justice system, in the institutions of authority and the Justice Department specifically. The fact that a political candidate now benefits, or at least Trump does, the more he's indicted is because people perceive that the law is being cynically invoked as a political weapon against the leading opposition politician. That perception is not healthy for anyone but it's hard to argue that that perception is wrong.
Then: A federal judge this week ordered the release of three American citizens who were imprisoned since 2011 as part of the so-called Newburgh Four, a case that attracted substantial media coverage. When the FBI back then announced it had arrested four Muslim-American men joining a plot to shoot down planes from a National Guard base in upstate New York. The judge's reasoning: the FBI manipulated the defendants to join the plot by using an unscrupulous informant where the FBI essentially created its own plot. The defendants on their own would never have joined without FBI encouragement. This is part of a long series of cases in which the FBI has essentially gotten caught manufacturing their own crimes, and they've continued that into this second War on Terror, the one aimed at what they call “domestic extremists”.
We'll take a look at this case, time permitting, as well as a recent Joe Rogan segment where he tried to explain to a comedian he had on his show that, in fact, the FBI, there's evidence Ford was heavily involved in the January 6 plot. And this comedian was shocked at the idea that the FBI would be capable of such things. It really reveals – and it connects to tonight's indictment – the extent to which the liberal establishment, the Democratic Party, liberals, and the United States have come to see the U.S. security state, including the FBI and the Justice Department, as beyond reproach, even though their history suggests they should be regarded as anything but that.
Usually, on Tuesday and Thursday, we have our live aftershow on Locals. Tonight because of the extensive and kind of very intense effort we had to put into processing and researching this indictment in order to be able to report on it for you, we won't have our show, but we will be back next Tuesday at its regularly scheduled time right after our Rumble program.
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For now, welcome to a new episode of System Update, starting right now.