Morning Wire XX
[0] Former President Trump's appeal for immunity is shot down by a federal court.
[1] Will the Supreme Court hear Trump's expected appeal?
[2] And will the case be tried before the November election?
[3] I'm Daily Wire, editor -in -chief John Bickley, with Georgia Howe.
[4] It's Wednesday, February 7th, and this is Morning Wire.
[5] On this vote, the yeas are 214 and the nays are 216.
[6] The resolution is not adopted.
[7] Biden's embattled Homeland Security.
[8] Secretary narrowly survives an impeachment vote in the Republican -led House.
[9] And we find the defendant guilty of involuntary manslaughter.
[10] In an unprecedented decision, a school shooter's mother is found guilty of manslaughter.
[11] Thanks for waking up with Morning Wire.
[12] Stay tuned.
[13] We have the news you need to know.
[14] Hey guys, producer Brandon here.
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[23] A federal appeals court has denied former President Trump's claim that he has immunity from prosecution in his Washington, D .C. election interference case, opening the door for a trial date to be set.
[24] The D .C. Circuit Court's decision comes just days after the original trial date of March 3rd was struck from the docket as Judge Tanya Chutkin waited on the outcome.
[25] Here to discuss the ruling and how it might impact the scheduling of the J6 -Center trial brought by special counsel Jack Smith, his Daily Wire contributor, David Marcus, hit him.
[26] So break down for us just what exactly the court said here.
[27] Morning, John.
[28] Trump was really making two big arguments here that were both rejected.
[29] The first was that he had a blanket immunity for anything he did as president in an official capacity.
[30] The second was a double jeopardy claim based on the fact that he already faced impeachment over the events of January 6th and the lead -up.
[31] On the immunity aspect, the court found that the public interest in pursuing the criminal case basically outweighed whatever harm could be done to the office of the presidency by not affording it complete and total immunity.
[32] As to the assertion of double jeopardy, the court stated that it was, quote, unpersuaded by it, end quote.
[33] Here's Andrew McCarthy with a little more detail on the rationale.
[34] I've always thought that double jeopardy was the weakest claim that Trump had.
[35] The strongest claim I thought Trump had was the policy that if you don't give a president immunity, he's got to worry that the actions he takes as presidents could subject him to criminal prosecution if a new administration of the opposition party comes in.
[36] How has the Trump camp reacted to the decision?
[37] And should we expect that his legal team will appeal the ruling by the deadline set by the court, which is this next Monday?
[38] There's a better chance of the sun rising in the West tomorrow than there is of Trump not appealing this decision.
[39] Trump advisor Stephen Chong warned of a slippery slope here in which every president might be indicted for any action they took after they leave office.
[40] Donald Trump Jr. even offered an example asking in a post on X if a Trump Department of Justice could prosecute Barack Obama for drone strikes.
[41] As with all of Trump's cases here, the key question is timing.
[42] His lawyers will have 90 days to file an appeal with the Supreme Court.
[43] That would put us, in May before SCOTUS even began work.
[44] If the court does agree to hear this case and gives him that time, that would likely push this into the summer when the race for the presidency would be really heating up.
[45] Remind us when exactly is the Republican National Convention?
[46] Yeah, that would be on July 15th, and it's the key point.
[47] Anywhere between then and Election Day, and Trump will be solidly on the campaign trail while having to appear in federal court.
[48] The number of unprecedented possibilities here is stunning, and nobody quite knows what it would look like.
[49] But as we've stressed before, a lot can happen in a legal case, and it could still be delayed beyond November 5th.
[50] There's a lot up in the air.
[51] Yeah, indeed there is.
[52] Now, there was also some action on charges of insurrection against Trump in Congress on Tuesday.
[53] Representative Matt Gates and several other GOP lawmakers announced a resolution declaring that Trump did not engage in insurrection.
[54] Does this have any teeth at all?
[55] So yes and no. It's what's known as a sense of the Congress resolution.
[56] And it was really in response to the pending Supreme Court decision on whether Trump is disqualified from the ballots in Maine and Colorado for committing insurgency under the 14th Amendment.
[57] It's a very busy Supreme Court these days.
[58] We always have to keep in mind that this is a legal battle.
[59] It is a political battle.
[60] And it is also a battle of public opinion.
[61] This week, there has been a lot of action on all three fronts.
[62] Thanks for joining us.
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[71] Homeland Security Secretary Alejandra Majorcas survived impeachment last night, as a Republican -led effort to remove him fell short in the House of Representatives.
[72] Here are the details on the failed effort in what comes next is Daily Wire Senior Editor Cabot Phillips.
[73] Hey, Cabot.
[74] So Majorcas narrowly survives impeachment, but there was plenty of drama.
[75] How exactly did it play out last night?
[76] Well, the embattled Secretary of Homeland Security escaped impeachment by the most narrow possible margin, as the final vote last night was a tie 215 to 215.
[77] In a really dramatic scene on the House floor, GOP leaders scrambled to win over the three Republicans who joins Democrats in voting no, including representatives Ken Buck, Mike Gallagher, and Tom McClintock.
[78] But when it became clear, they were not going to budge Utah's Blake Moore, who actually supports impeachment, changed his vote to a no as part of a procedural move that will allow Republicans to quickly vote on the matter again.
[79] And they're saying they're going to do that very soon.
[80] Once Louisiana, Steve Scalise returns to Washington, he was absent Tuesday night while undergoing cancer treatments, but is in support of impeachment.
[81] So bottom line, there's still a good chance, Majorcas is ultimately impeached in the coming days, but not last night.
[82] He lives to fight another day.
[83] Now, shifting gears a bit, we talked yesterday about that massive bill working its way through the Senate.
[84] What's the latest there?
[85] Yeah, so as we reported, the Senate unveiled their $118 billion spending package this week that includes funding for Ukraine, Israel, and the southern border, along with a slew of immigration reforms.
[86] But in the last 24 hours, that bill already appears dead in the water.
[87] In addition to House Republicans, we've already promised to vote no if it gets to them.
[88] Dozens of Republican senators have now come out in opposition to the deal, saying it does little to deter illegal immigration and seizes powers from states to take border enforcement into their own hands.
[89] The general argument from Republican detractors is essentially that no deal is better than a bad one.
[90] The most likely result now is that the bill is ultimately broken up into smaller parts, and funding for Israel, Ukraine, and the border are voted on separately.
[91] We've seen quite a bit of political posturing surrounding this bill from both sides.
[92] What are some of the important things to watch on that front?
[93] Yeah, the deal's apparent failure has set off a massive political blame game in Washington.
[94] President Biden, for example, says that Donald Trump is the reason it died, claiming the former president does not want the border crisis addressed before the election.
[95] Donald Trump thinks it's bad for him politically.
[96] Therefore, he doesn't, even though it helps the country, he's not for it.
[97] He'd rather weaponize this issue than actually solve it.
[98] And to a certain extent, Biden is right there.
[99] Trump did play a large role in sinking the deal, which he called a, quote, highly sophisticated trap and great gift to Democrats that he said absolves them of the border crisis and puts it squarely on the shoulders of Republicans.
[100] The former president, even went as far as saying that he wants credit for killing the deal.
[101] A lot of the senators are trying to say, respectfully, they're blaming it on me. I said, that's okay, please blame it on me, please, because they were getting ready to pass a very bad bill.
[102] And I'll tell you what, I'd rather have no bill than a bad bill.
[103] And look, while this deal had a number of elements that were always going to infuriate conservatives, from a political perspective, you could argue that the DOP actually has a lot to gain by holding off on passing a any sort of sweeping immigration reform.
[104] While there are certainly plenty of Republicans who are eager to do anything to address the border crisis, I have spoken to a number of other Republican insiders and lawmakers who say that they want to secure the border, but they also know that the longer the border crisis continues, the better shot they have at defeating Joe Biden come November.
[105] There is always more than meets the eye in Washington.
[106] Politics is a complex game.
[107] Yes, it is.
[108] Cabot, thanks for reporting.
[109] Anytime.
[110] The mother of a teen who fatally shot four of his clinton.
[111] classmates in Michigan has been found guilty of manslaughter.
[112] The conviction marks the first time a parent of a school shooter has been found directly responsible in such a crime.
[113] Here to discuss the case is Daily Wire reporter Amanda Presta Giacomo.
[114] So Amanda, this was a historic verdict.
[115] What exactly was this mother, Jennifer Crumley, found guilty of?
[116] Crumley was convicted on four counts of involuntary manslaughter, one for each of the four students who were shot to death by her son, at a public high school in Michigan back in November of 2021.
[117] She's facing up to 15 years behind bars.
[118] A quick recap on that horrific violence, the shooter, who we will not name per morning wire protocol, used a pistol that was gifted to him by his parents to carry out the rampage.
[119] He was just 15 at the time.
[120] The victims who died ranged in age from 14 to 17 and seven others were injured.
[121] The shooter was convicted last year and sentenced to life in prison without the possibility of parole.
[122] Now, prosecution had to convince a jury that the mother was directly responsible for the school shooting.
[123] What was their case?
[124] The prosecution really focused in on what they described as Crumbly's gross negligence, which they said resulted in a preventable act of violence.
[125] It was argued that Crumbly neglected the needs of her child while she was preoccupied with an affair she was having with a married firefighter and other elements of her life.
[126] They also cited text messages and diary entries from the shooter.
[127] Some of the messages include the shooter complaining about insomnia, paranoia, hearing voices, and in a message to his mother, the shooter suggests the family home is haunted by a demon who was throwing bowls.
[128] Prosecution also said Crumbly and her husband gifted their son the pistol that was used during the shooting just days before he carried out that violence.
[129] Neither of the parents stored the gun properly in the home, nor did they tell the school that their son had access to the pistol despite the school's concerns.
[130] Prosecution also highlighted that Crumbly accompanied her son at a shooting range days before the shooting.
[131] Here's Crumbly's testimony.
[132] He asked me if I wanted to go to the shooting range with him, and he's never asked me just me to go before.
[133] My husband was doing DoorDash, and I felt good about it.
[134] And last point here, prosecution highlighted Crumbly's decision to not take her son home from school hours before the shooting spree.
[135] She and her husband were called into the school for a meeting and shown messages their son wrote on a math sheet.
[136] The shooter drew an image of a gun in.
[137] wrote, quote, the voices won't stop, help me. Here's some audio of Crumbly being questioned about that day.
[138] I was actually kind of angry because I thought he was, he did that in like the finance of us yelling him about missing assignments.
[139] And here he is drawing pictures on an empty assignment page in geometry.
[140] So you felt like it was specific when him sending you a message about the night before.
[141] Yeah.
[142] Now what about Crumley's defense?
[143] What was their argument?
[144] Her defense team argued that Crumbly was doing her best as a mother and participated in normal activities with her family, including her son, and was simply blindsided by the violence.
[145] Her attorney, Shannon Smith, argued in her closing remarks that this was a dangerous case for all parents who can't be held accountable for everything their children do.
[146] She also said that the case was about Crumbly not being a perfect person.
[147] The jury, which was composed of six men and six women, sided with prosecution after deliberating for about 11 hours.
[148] Now, what was the reaction to the ruling?
[149] Well, inside the courtroom, Crumbly herself showed little reaction to the conviction.
[150] One of the parents of the shooter's victims, Craig Schilling, said he was grateful for the ruling and told local media, quote, you wouldn't have to go through any of this if you had just done your job as a parent.
[151] On the legal side of things, there have been some scholars who think this conviction could set a dangerous precedent opening up parents to liability in ways this case likely didn't intend to.
[152] Sentencing for the mother is set for April 9th, and again, she's facing 15 years.
[153] James Crumbly, the boy's father, is being tried in a separate trial facing the same charges, and that's set to start in February.
[154] Well, again, this is a historic case and could have some serious ramifications.
[155] Amanda, thanks for reporting.
[156] You're welcome.
[157] Thanks for waking up with us.
[158] We'll be back this afternoon with more news you need to know.
[159] Hey guys, producer Brandon here.
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