Best of The Program | Guests: Sidney Powell & Bill O’Reilly | 11/20/20

Speaker 1 Transform your home during Blinds.com's Black Friday Super Sale. Get up to 50% off site-wide, plus huge doorbuster deals on popular styles.

Speaker 1 Go DIY and do it all 100% online, or choose White Glove Service with expert design help and professional installation. Both backed by Blinds.com's 100% Satisfaction Guarantee.

Speaker 1 Blinds.com's Black Friday Super Sale is here. Save up to 50% site-wide and get a free professional measure.
Limited time offer, rules, and restrictions apply. See Blinds.com for details.

Speaker 3 Welcome to the podcast.

Speaker 3 Last day before Thanksgiving week, we go into a lot of the stuff around the vote fraud allegations by the president's campaign and the press conference yesterday with Sidney Powell and Rudy Giuliani.

Speaker 3 What can we take from that?

Speaker 3 How should we understand it? How should we digest that information? We get into that today. Also, talk to Pat Gray and Bill O'Reilly about their take on it as well.

Speaker 3 And then in hour three, Sidney Powell herself, the attorney for the president who's working on this case, joins us to explain her side of this and how all this is going to play out over the next couple of weeks.

Speaker 3 Make sure to subscribe to Blazetv at Blazetv.com slash Glenn. The promo code is Glenn.
You get 30 bucks off.

Speaker 3 And of course, don't forget, now in stock for the holidays, the Nancy Pelosi Sucks Pen, a replica of her pen that she signed the impeachment papers with, with the exception of after her signature, it said this is the word sucks in her handwriting.

Speaker 3 Nancy Pelosi SucksPen.com is a place to go to get it. Here's the podcast.

Speaker 5 You're listening to

Speaker 5 the best of the Blenbeck program.

Speaker 5 Racing to the truth, Mr.

Speaker 2 Bill O'Reilly from BillO'Reilly.com and the author of Killing Crazy Horse.

Speaker 2 Bill O'Reilly, did you see the press conference yesterday? I did, Beck. I saw it.

Speaker 2 Okay, O'Reilly.

Speaker 2 So tell me what you thought.

Speaker 4 The people at the press conference, Giuliani and Sidney, what's her last name again? Sidney.

Speaker 2 Powell. Sidney Powell.
She's going to be on with us next hour.

Speaker 4 Oh, good. But go ahead.
They believe what they're saying.

Speaker 4 I was convinced they were sincere. They're not trying to fake anybody out.

Speaker 4 But at this point, my question would be,

Speaker 4 do you have any hope?

Speaker 4 See, everybody's saying, well, where's the evidence? Where's the evidence? Where's the evidence? That's the predictable stuff, right?

Speaker 4 To me, the question is, do you have any hope that this election

Speaker 4 will be stayed by the Supreme Court? Because that's the only way it could turn around. There's only one way, one path, Supreme Court of the United States.
Do you have any hope? Now,

Speaker 4 I guess Ms. Powell will say yes.

Speaker 4 And then my follow-up question would be, on what issue, what are you going to present to the court

Speaker 4 where they would take this extraordinary, unprecedented action, never before happened in the United States?

Speaker 4 What do you have that would allow those justices to do it?

Speaker 4 And then, if she can't answer the question, which I don't believe she'll be able to,

Speaker 4 it's over.

Speaker 4 It's over. Because I'm a simple man.

Speaker 4 I think that's why you identify with me, because you're very simple. I'm simple.

Speaker 4 I want to see.

Speaker 2 All right, so, Bill, hear me out. I talked to Alan Dershowitz, and Alan said he thought this was unlikely.
He said, but he thought their path

Speaker 2 would be

Speaker 2 if you could get the states and the Supreme Court to say there's enough evidence here

Speaker 2 to deeply question these results because of the voting machines and everything else

Speaker 2 in these particular states. If you can knock those states out from certifying,

Speaker 2 then if you can bring him him down to even 269,

Speaker 2 anything under 270, the Supreme Court doesn't have to call the election. The Supreme Court just will have to say, there's enough fire here that we see that this needs to be investigated.

Speaker 2 And they can say, yes, Your Honor, but

Speaker 2 the time is up.

Speaker 2 And

Speaker 2 if they just get a few states to

Speaker 2 not

Speaker 2 to lose the ability to certify, then it goes to the House.

Speaker 2 It's not going to be. What do you think of that? That's Alan Dershowitz.

Speaker 4 Yeah, it's impossible.

Speaker 2 It's happened three times. It's happened three times before.
No, no, no.

Speaker 4 It's impossible this year.

Speaker 4 Okay?

Speaker 4 So Georgia is off the board. They had their recount.

Speaker 4 Biden won.

Speaker 4 Republican-run state, not going to do any more. They're going to certify.
Pennsylvania, never in a million years are they going to admit to the fraud that I believe took place.

Speaker 4 Me, I believe it. But they're not going to admit it.
All right? Neither is Michigan with Whitmer. Neither is Wisconsin with the Federals.

Speaker 2 No, but wait, wait, wait.

Speaker 2 But the point is, is they're going to bring the case to the Supreme Court and say, here's the evidence that we have, and it takes time to build this case, but here's the overwhelming evidence that it appears

Speaker 2 hundreds of thousands, and they said, what was it,

Speaker 2 eight million votes? If they can show that

Speaker 2 there's gaining evidence here that we need to look into those states, the Supreme Court can override those states. The governors won't have anything to say with it.

Speaker 4 The Supreme Court can't override the states. It can issue to stay.

Speaker 4 Okay? And it can say

Speaker 4 stop.

Speaker 4 Right. But it's a better

Speaker 4 beck.

Speaker 4 Theoretically,

Speaker 4 what you said is

Speaker 4 proper.

Speaker 4 Sure.

Speaker 4 But with all due respect,

Speaker 4 the Trump administration hasn't presented one

Speaker 4 thing

Speaker 4 that would indicate they have this

Speaker 4 amount of evidence that would compel the Supreme Court. Here's what people need to understand, Beck, and I'm so happy you've had me on today.

Speaker 4 Here's what they need to understand.

Speaker 4 The judiciary is not an investigative agency. So the Supreme Court doesn't investigate.
All right. Nobody no judge investigates.

Speaker 4 They sit there in their chair, and I think they have the chairs that you advertise. They sit there and they look at what is presented to them.

Speaker 4 In a case like this,

Speaker 4 where if the Supreme Court did issue a stay,

Speaker 4 there would be violence in the streets.

Speaker 2 A lot of it. Yes.

Speaker 4 They know that. They're human beings.

Speaker 4 So they know that there has to be overwhelming evidence, not just some.

Speaker 2 Correct.

Speaker 4 Not just. No, I know.
Well, it happened here, but it's not at the level where it would overturn 100,000.

Speaker 2 But, Bill, if you listen to them, I'm saying that we will know in three weeks because they'll either file that or not.

Speaker 2 But if, you know, they said they have overwhelming evidence.

Speaker 4 They have the evidence needed.

Speaker 4 No, no, no.

Speaker 2 I know, I know.

Speaker 2 But we'll know in three weeks.

Speaker 4 If they do have overwhelming evidence. Yeah, they can't wait three weeks to do it.
They have to do it the week after thanksgiving all right which is two weeks and they have to do it

Speaker 4 but you have nine supreme courts

Speaker 4 all right you have nine supreme court justices right now as we speak four out of the nine will never under any circumstances stay that election

Speaker 2 all right yes so that means is that counts it's not counting uh john it is counting Roberts.

Speaker 4 Roberts will never do it. So the three liberals and Roberts will, no matter what you do,

Speaker 4 Jesus could come in and say, you know, look, I'm God, and I saw the cheating. They're not going to do it.
Right?

Speaker 4 I know.

Speaker 4 That means that all five of the others would have to go with it. The odds of that are about 500 to 1.

Speaker 4 So what I'm trying to do to everybody, and I know the level of anger that is in play in this country on both sides,

Speaker 4 and I do believe that there was fraud in the election. I don't see how mathematically you go from a 600,000 vote lead in Pennsylvania to losing by 60,000.
I'd like to see analytics on that. All right.

Speaker 4 And I suggested to the Trump administration that they do analytics about the odds of that happening. Go ahead.

Speaker 2 Okay, so hang on just a second. There is a mathematician, Yale and

Speaker 2 Princeton-trained mathematician, who came out and did an analysis of it. He says that looking at the collected data

Speaker 2 and

Speaker 2 interviews that he did, Stephen Miller is his name,

Speaker 2 he is a mathematics expert.

Speaker 2 He said that

Speaker 2 the number of ballots that were either requested by someone other than the registered Republican or requested and not returned

Speaker 2 or sorry, or questioned and returned but not counted, is anywhere between 89,397 to 98,801.

Speaker 2 He's put this in a sworn statement. He said there was roughly 165,000 ballots requested in the names of GOP voters that have not been counted.
He said

Speaker 2 the problem is that he believes that the

Speaker 2 ballots are not only not counted, but probably requested fraudulently. And he said, almost surely the number of ballots requested by someone other than the registered Republican is between 37,001

Speaker 2 and 58,914.

Speaker 2 And almost surely the number of ballots requested by legitimately registered Republicans and returned, but not counted, is in the range of 38,910 and 56,483.

Speaker 4 That's pretty staggering.

Speaker 4 Pennsylvania. What are we talking about?

Speaker 2 Pennsylvania? Pennsylvania.

Speaker 4 But that still wouldn't be enough to override the 60,000 vote plurality that Biden has. No.

Speaker 4 Yes, it will.

Speaker 2 It's 100,000.

Speaker 4 What I'm saying is that

Speaker 4 guy signs an affidavit. That's what he came up with.
The other side will get an analytics person to say the exact opposite.

Speaker 4 So the Supreme Court would be looking at he said, she said, and he'll throw it out. What I'd like to see is the Trump administration, rather than running around,

Speaker 4 get a firm, a big firm, and analyze the areas that they feel it was fraud into the certainty this is 2%

Speaker 4 this could have happened, 5%, 30%, whatever it may be. That's going to convince Americans.
See, this

Speaker 4 what we're doing now is Donald Trump has a perfect right, and everybody should understand that,

Speaker 4 to not concede. I wouldn't if I were him.
I would never concede if I were him.

Speaker 4 I would do the orderly transition. I would brief Biden on important matters, but I wouldn't concede.
And he has the right to protect all Americans from fraudulent elections.

Speaker 4 So he's doing what he should do. I mean, you'll never hear that in the media, but that's the truth.
But on the other hand, he's not going to prevail. He isn't.

Speaker 4 What he can do is set himself up for another run three years from now by getting an overwhelming amount of evidence to say I was cheated out of my second term I'm coming back and I am going to win like Grover Cleveland one of your favorites Beck I know

Speaker 4 the only president who had two non-consecutive terms and here's the evidence but right now it's too complicated for most Americans it's a he said she said in many cases and I don't believe the Supreme Court is going to do anything at this level Nothing.

Speaker 2 Unless

Speaker 4 Ms. Powell

Speaker 4 on the Glen Beck radio program can put forth one piece of stunning information.

Speaker 4 That's a fact.

Speaker 2 I don't think she, I don't think she,

Speaker 2 no, I don't think she will, and I'll tell you why in a second. But first, let me tell you this, Bill.
Get behind me, Satan. Get behind me.

Speaker 4 I'm not listening to your crap today on that.

Speaker 1 This is the best of the Glen Beck program.

Speaker 2 A member of President Trump's legal team, author of Conviction Machine,

Speaker 2 her name is Sidney Powell, a very respected prosecutor

Speaker 2 from, I believe, the 5th District.

Speaker 2 I want to welcome her to the show. And Sydney, I just want to remind you, if nobody has, that we're on a delay because of my remote location.
So

Speaker 2 I'll try not to talk over you. I don't mean any disrespect if it happens, but we're on such a massive delay that it's difficult.
Thank you for coming on the show.

Speaker 4 Oh, my pleasure. And I understand the delay issue, no problem.

Speaker 2 Okay.

Speaker 4 So

Speaker 2 you went through absolute hell with General Flynn for three years,

Speaker 2 and

Speaker 2 you were facing the same kind of criticism that you are now. And in the end, we find out that what you were defending and who you were defending was absolutely true.

Speaker 2 Trump has kept his promises to

Speaker 2 be the guy who is the warrior for the American people. He's been almost entirely alone in that effort.
And

Speaker 2 in my point of view, he has earned the trust, at least from me, and I think trust trust from all of his voters, to allow you to play this game the way you see fit,

Speaker 2 to

Speaker 2 talk to the press or not talk to the press. Your job is to win a court case.

Speaker 2 Can you tell us when this is going to be filed and where it's going to be tried?

Speaker 4 No, I can't right now. We're going to have to file several lawsuits.
It's going to be in all the swing states.

Speaker 4 We are still gathering massive amounts of evidence to the point we haven't even had time to process all of it. People are filing or drafting affidavits for us right and left.

Speaker 4 Patriotic Americans are coming forward from every corner of the country and some people even internationally.

Speaker 4 They are fed up with the corruption and they want to clean up the system.

Speaker 4 and stop this election rigging that has gone on all around the world for the profit of all kinds of tyrants and global interests that have just lined their pockets while they've raped their own countries and treated their people horribly.

Speaker 4 We know it's happened in many countries in Latin America. It was exported to Argentina.
I think it was exported to Mongolia.

Speaker 4 Probably most every country around the world now has been infected with this sort of election rigging that's been made available by Dominion and SmartMatic And other companies as well have used the same sort of code in their machines that would allow the same results to be controlled.

Speaker 2 Okay, so let's talk about SmartMatic and Dominion. You laid out the connections

Speaker 2 or affiliations with Venezuela.

Speaker 2 The press is saying that didn't happen. You talked about Germans counting our votes.
The press has said that didn't happen. Can you give us any place to even look for the truth?

Speaker 2 You say one thing, everybody online, and believe me, we were just demonetized by Facebook because we carried your press conference without comment. We carried it.
And we were demonetized for it. So

Speaker 2 I can't go to any source to get the truth online.

Speaker 2 How can we find these things?

Speaker 4 Well, we will start putting documents online and sending them to people like you as soon as we possibly can. I would hope that we could start that by this weekend.

Speaker 4 I mean, we've just been taking in information not just through a fire hose. I mean, it started through a fire hose and then it became a tsunami.

Speaker 4 And some people, of course, don't want their names disclosed. They have all kinds of fears.

Speaker 4 We have people around the country with security now that they've never had before just because they dared to tell the truth.

Speaker 4 You might look at the fact that both

Speaker 4 Dominion

Speaker 4 offices have shut down and moved all of a sudden in Toronto where they shared office space with the Soros entity and also in Denver all of a sudden they just shuttered and moved.

Speaker 4 Their employees have been taking their name off LinkedIn and eliminating any affiliation with either company. There are over 100 of those that have happened.

Speaker 4 It's,

Speaker 4 I mean,

Speaker 4 we've unearthed a global criminal conspiracy that is just mind-blowing, and we've only scratched a tip of the iceberg. The servers at Feidel in Germany were confiscated the other day.

Speaker 4 I am hearing it was our

Speaker 4 that got those servers.

Speaker 4 So I think the government is now working on an investigation of what really happened.

Speaker 4 But we're getting in evidence also that there were lines into the servers from four foreign countries, all extremely adverse to the interests of the United States.

Speaker 2 But wouldn't they have counted those here first and then just uploaded them to the cloud

Speaker 2 on those servers, maybe perhaps in Germany.

Speaker 4 Right. There were multiple ways of doing the alterations of the votes.
The person sitting at the data center where their votes are coming in can do it. They can watch them real time and change things.

Speaker 4 They can put an algorithm on the system across the board that does the initial shifting.

Speaker 4 And then, in each data collection point, which is best we can tell for the major alterations, were the democratic control politically corrupt strongholds in the country, cities like Detroit and Philadelphia, for example, and Atlanta.

Speaker 4 By the spikes in the data, the statistical experts can, and mathematical experts can tell you exactly when the

Speaker 4 anomalies occurred that are statistically impossible.

Speaker 4 And we found places where, for example, something like like 384,450 votes were added for Biden, while a third of that amount were added for Trump.

Speaker 4 And those exact same numbers were replicated 20 minutes later.

Speaker 2 So

Speaker 2 I talked to a Silicon Valley expert on Monday, another time we were demonetized this week. And I asked him, I said, can you tell me the odds of these kinds of things happening?

Speaker 2 He said, Glenn, when I reported back to me, he said, I didn't have to go further than the user manual for Dominion. He said, on page 456, 57, and 8, he said, all of these things are not design flaws.

Speaker 2 They're designed. And it says in the manual that the risk is very high.

Speaker 2 So

Speaker 2 are we grabbing the software from

Speaker 2 these precincts? Is there any record that we should be seizing?

Speaker 4 Yes. The government, frankly, should be seizing every single machine.
There should have been search warrants run already on Dominion offices and operations centers.

Speaker 4 Why none of that has been done is beyond my comprehension, other than the CIA or some other three-letter agency has known for a long time that this was going on and behind a lot of it, if not facilitating and operating a lot of it?

Speaker 4 I don't know. But I do know this.

Speaker 4 It has defied the will of the American people and people around the world who have thought they were legitimately voting and their vote was being counted for the candidate of their choice when it turns out it wasn't their choice at all.

Speaker 4 And I can't even express how angry this makes me from whatever the involvement of our government is to its failure to do anything now to its promotion of it around the world, or turning a blind eye, whatever it is, it's absolutely hideous and appalling and un-American and contrary to everything our founders set this country up to be.

Speaker 2 Well, we know that Soros is involved in some countries with these people,

Speaker 2 and quite honestly, the State Department doing these things.

Speaker 2 So

Speaker 2 let me ask you: we've reached out to the Department of Homeland Security. We've reached out to states.
We do not get a response from anybody. We've asked these questions.

Speaker 2 Have you has your legal team investigated or

Speaker 2 have you asked for

Speaker 2 subpoenas in court to be able to

Speaker 2 seize these things?

Speaker 4 So far, what the campaign has been filing have been largely election challenges.

Speaker 4 And they don't, as far as I know, I'm not an election law lawyer for starters, but my understanding is there have not been any process yet pursuant to which they could issue subpoenas.

Speaker 4 There are different entities that have secured the machines to protect them at our request. I mean, we're just civil lawyers trying to do the right thing here.

Speaker 4 when the government has ignored it or helped it along for at least two decades. I mean, we know we have a first-hand, totally credible witness who has

Speaker 4 given us a lengthy affidavit. He was sitting at Hugo Chavez's right hand for from the inception of this machine and equipment and operation through its execution for years.

Speaker 4 He's been in the control room where he saw it happen. Their own book, their own manual, as you say, lists all these things as features.

Speaker 4 You can take votes and put them in a file called an adjudicative file and then just throw it away. So you can call out all the Trump votes you want, put them in that file and put it in the trash bin.

Speaker 2 It is remarkable what they have designed. It's so crooked.

Speaker 2 Let me go back to what something Mayor Giuliani said. He said,

Speaker 2 We have proof of more than double the amount of votes to overturn the election.

Speaker 2 Do you know, is this from affidavits or is there evidence that the team has dug up that confirms what the witnesses have said?

Speaker 4 It's a combination of things. It's the data that we've been able to get from certain precincts.
That's another thing.

Speaker 4 We need the granular data in lots of places, and it takes, frankly, a bit of time and effort to go through the data and do the analysis. It's not something that can be done in five minutes.

Speaker 4 We've talked to probably over 500 or maybe even a thousand witnesses by now. I don't even know what our affidavit count is.

Speaker 4 Rudy has one set and I have another, and then we share them with each other. So we haven't even had time to read all the affidavits that our lawyers have collected.

Speaker 4 So that's another concern that I have 20 hours a day.

Speaker 2 I know, I know.

Speaker 2 And

Speaker 2 I know the cancel culture, and I know the fear that is involved with many attorneys. And I quite frankly think there is a lot of conservative, big name conservative attorneys out there that are just

Speaker 2 spineless for not stepping to the plate right now.

Speaker 2 But I understand what you're going through, which brings me to a fear that I have that

Speaker 2 I mean, you're building the most important case.

Speaker 2 If half or 25% of what you guys said yesterday turns out to be true, this is the biggest crime in American history. And you don't put that together in two weeks.

Speaker 4 Do you have

Speaker 2 time to make this?

Speaker 2 Yeah, in history.

Speaker 2 Do you have time to do this?

Speaker 4 I think we can get it done. In fact, we already have collected more evidence than probably half the prison population is in prison for right now.

Speaker 4 It's just a matter of tying it together in a way that's digestible. And we're in the process of doing that as we speak.

Speaker 4 And I'm hoping we get something filed by next week that starts outlining and proving the overall fraud.

Speaker 4 But I will tell you, too, that the standard of proof people are expecting is more than would be necessary for a criminal conviction, which is absolutely ridiculous.

Speaker 4 Our standard of proof is only the preponderance of the evidence.

Speaker 4 And on top of that,

Speaker 4 the mountain of evidence we have to deal with is

Speaker 4 huge.

Speaker 4 And we've got, of course, all the media interests against us, all the global interests against us, all the social media companies against us because they're all owned and controlled by foreign money.

Speaker 4 There are trillions of dollars of wealth and corruption at issue against our little team in this effort. Every despot, every tyrant around the world who has been elected by this system,

Speaker 4 I'm sure is putting all his or her resources and connections and everything else against us.

Speaker 4 We've had technology issues. We know that

Speaker 4 people are blowing up my phone all the time. Everybody out there on the wrong side of truth and justice is attacking attacking us in one form or another.

Speaker 4 But we're going to keep going and we are going to prove it.

Speaker 2 Sidney,

Speaker 2 I know a fraction of what the powers that be can do to destroy people. And

Speaker 2 we pray for you and we pray for the team.

Speaker 2 I know millions of Americans are for your just for your protection and for guidance.

Speaker 2 Stations, I'm not going to break for the commercial here. I'm going to move that.
I just want to take a 10-second station ID and then back with Sidney Powell.

Speaker 2 Oh, she has to go?

Speaker 2 Okay. Sydney, thank you very much.

Speaker 2 I appreciate

Speaker 2 your time. Thank you.
Please send us the information. When you get

Speaker 2 everything prepared, please let us know and send them to us because

Speaker 2 we want to dig in ourselves and find the truth. Thank you.

Speaker 4 Yes, I will try to get you a package together sooner than later. Thank you.
Appreciate it. God bless.

Speaker 2 This is the best of the Glen Beck program, and don't forget, rate us on iTunes.

Speaker 2 I want to give you a couple of stories here

Speaker 2 that are amazing. Three North Dakota sheriffs will not enforce the governor of North Dakota's new COVID mandates.
They say it's unconstitutional. They're not going to do it.

Speaker 2 In Orange County, the sheriff there will not enforce the coronavirus-only violations during curfew.

Speaker 2 He says unconstitutional, not going to do it. We also have somebody who's taking a beating from everybody's favorite governor, Cuomo.

Speaker 2 It says he's not going to do it. And Cuomo came out and said he is arrogant and out of control.
He said he won't enforce Cuomo's Thanksgiving limit. His name is Richard G.
Girardino.

Speaker 2 He is the sheriff of Fulton County, New York.

Speaker 2 Richard, how are you?

Speaker 5 I'm doing great. Thank you for giving me the opportunity to be on, Glenn.
I listen to you frequently. What I appreciate is

Speaker 5 most shows only give you two or three minutes, and you really can't have an in-depth constitutional discussion. And you allowing me to do that, I think, is a big

Speaker 5 service to the community.

Speaker 2 Well, you just ate 30 seconds of your two minutes.

Speaker 4 I'm kidding.

Speaker 2 So tell me, because this is really important to me. I don't think people understand that sheriffs do not answer to the governor.
They don't answer to any agency.

Speaker 2 You don't answer to the president. You answer to the Constitution and the people.
Correct? Correct.

Speaker 5 The governor is the only one who can remove a sheriff or the voters at an election, and the governor can only do it if there's a crime or if there's malfeasance in office.

Speaker 5 But we both take an oath to the Constitution, so I'm not against the governor. I'm for the Constitution, Glenn.

Speaker 2 Correct, correct. So tell me about

Speaker 2 his

Speaker 2 Thanksgiving limit and what's happening in New York and why you're standing against it.

Speaker 5 Well, first of all, it's through an executive order. And our legislature abdicated their responsibility months ago when they turned everything over to the governor.

Speaker 5 And that allows him to issue edicts or what we call executive orders. I have to explain what he can do by the Constitution first.

Speaker 5 He can issue an executive order saying you have to have a face mask on at a store, a restaurant, or bar. You can have to close at 10 o'clock.
The table's got to be this or that.

Speaker 5 That's perfectly constitutional because he controls all the administrative agencies, state liquor authority and the

Speaker 5 health department. So that's fine.
That's why you can't take issue with him saying close your store at this time, keep people apart.

Speaker 5 But when he tells people what they can and can't do in the privacy of their own home, there's a heightened constitutional balancing act.

Speaker 5 And I have my obligations to the Constitution, and there's no way to enforce this. It's not like he keeps saying it's a law, but a law has a penalty.

Speaker 5 So like if if you're in a bar and you stay open past ten, they can fine you. Or they can fine you if your waitresses aren't wearing masks.

Speaker 5 There's no penalty for an executive order about how many people you invite to your home for Thanksgiving.

Speaker 2 And isn't an executive order a law goes through the legislature and the governor signs it?

Speaker 2 That's how I mean, I just know because I was a bill on Capitol Hill when I was a kid, and that's the way it works. It becomes a law once it goes through the proper channels.
So

Speaker 2 how do executive orders work

Speaker 2 when they want to enforce them?

Speaker 5 Well, here's, again, you're 100% right. And most of us in second or third grade, we're taught the legislature passes the bill.
The governor either signs or vetoes the bill. If he signs it, it's a law.

Speaker 5 Basic common constitutional law. How he can exercise an executive order is he controls the state liquor authority and say the health department, right?

Speaker 5 You get a license as a business from the health department you got to comply with the restaurant rules and from the state liquor authority for a bar so there's sanctions and they can have administrative action against you so they can close a bar and fine you because you have a license from the state you don't need a license to live in your house you know what i mean so when you get to the executive order that goes into somebody's home then you run into a problem so i don't want to get too deep into the fourth fifth and fourteenth amendment but i can tell you this i've been contacted from around this country and around my own state saying, Thank you for standing up, thank you for speaking up.

Speaker 5 And I'll tell you, a lot of sheriffs and law enforcement said, Look, we can't execute the executive order. But the reason they give properly so is we just don't have the manpower,

Speaker 5 there's no sanction attached, and we're not going to go to somebody's house. It's really not practical.

Speaker 5 And the fact that he ordered it is what put a lot of people's backup in the air, you know, got their spine out of line.

Speaker 2 So,

Speaker 2 you're just such an amazing guy. Can I, can, can you just fill in some blanks? And, and just

Speaker 2 you went to law school, right? So, you, you graduated,

Speaker 2 you were an attorney, right?

Speaker 5 Well, I went to law school, and Andrew Cuomo was two years ahead of me at the same law school.

Speaker 5 He probably doesn't know who I was, so, but he had a reputation even in law school of being a hard charger, especially on the basketball court, which he's carried throughout his career.

Speaker 5 So, he doesn't know me. I was just a little piddly sheriff.
But I went to law school, graduated with the Nassau County DA's office. Then I became a district attorney in upstate New York

Speaker 4 and then a

Speaker 5 county court judge.

Speaker 2 Can you not hold down a job?

Speaker 4 Or how did you get to?

Speaker 2 You accomplished more in your first 35 years of life than most people do in a lifetime.

Speaker 5 It's called a severe severe case of attention deficit disorder.

Speaker 4 But I will note that

Speaker 5 both me and the governor have, you know, he's held three jobs, the secretary of HUD, and he's been the attorney general and the governor. I mean, he's got a great career path, and I've had three jobs.

Speaker 5 Mine have all been on the local level, but I'm very pleased where I live and work.

Speaker 5 People have been 100%, not 100%, most people have been supportive of what I'm doing for them as a sheriff and as a judge and DA in the past.

Speaker 2 I just want to

Speaker 2 throw these things out. You were an instructor of trial tactics at Albany Law School.
You have been on the board of the Chamber of Commerce.

Speaker 2 You've been a firefighter for 22 years, and now you're also sheriff. I mean, it's an impressive resume.
Tell me about the mood of the community in New York, where you are in Fulton County.

Speaker 5 Well, the mood in Fulton County is they kind of agree with my statement that they're adults. They've listened for eight months about the precautions.
Most people are taking precautions.

Speaker 5 We're a very low infection rate county in the state. The last I checked, we were 1.3%, which is very low.
People take it serious here. They have loved ones.

Speaker 5 My mother's in a nursing home, so I didn't get to see her for six months except through a window.

Speaker 5 We had 28 deaths in our county, and we have 55,000 people, but the 28 deaths were mostly

Speaker 5 as a result of COVID in a private nursing home that had visiting nurses from New York City. And I'm not blaming them.
I'm just saying that we've our numbers come from a nursing home.

Speaker 5 You know, the only thing you forgot, and it's not on my resume, and Bill O'Reilly and I sat together at a judge's dinner and I gave him a ride to the airport.

Speaker 5 He probably won't remember me, but it was in Albany County 20 years ago. So next time he's on, tell him the crazy

Speaker 5 judge at the time says hi.

Speaker 2 Yeah.

Speaker 2 Okay, I will.

Speaker 2 The problem that that we have in America, I think, is that

Speaker 2 people who are in authority are just shutting everybody down and not allowing even questions, honest questions to be asked.

Speaker 2 It's just, that's the way it is, and you're stupid, or you're, you know, you're a rebel, or you just want everybody to die. And I think that's what's causing a lot of the angst in America.

Speaker 2 I think a lot of people are exactly how you describe them.

Speaker 2 They don't want to kill people.

Speaker 2 They are reasonable. They can handle themselves.
Just treat me like an adult, not like a seven-year-old.

Speaker 5 Two comments on that. Most of the people who've either, and I've been contacted from throughout this country, it's amazing what a great country you have.

Speaker 5 I had a message from one woman who said she hopes that I understand that the blood of all those who die in Fulton County after Thanksgiving is on my hands.

Speaker 5 And when I go to the emergency room with COVID, she hopes the nurses are busy working on the other people I tried to to kill and that I die a horrible death. Kind of nice lady, obviously.

Speaker 5 So and she left a message. But I've also had so many strong Americans say thank you, thank you, common sense, speaking up.
And listen, no one doubts the deadliness of COVID.

Speaker 5 We know that it's the high-risk people, the elderly, my mom's in a nursing home, 90 years old. She's at high risk.
Those with diabetes, I have diabetes.

Speaker 4 Those who are overweight, you know, we know the high-risk categories.

Speaker 5 We know that wearing masks, social distancing, disinfecting, we know that that reduces deaths and things. But Dr.

Speaker 5 Fauci's told us from since March that we're going to have a a rise in cases in the fall and the winter. It's inevitably going to happen.
He said it over and over.

Speaker 5 It's going to spike because of several factors. Or inside, there's, you know, the the viralness of it is is growing.
So so he's already told us that.

Speaker 5 So whether I tell people, enjoy your Thanksgiving dinner, you know, or they don't need the anxiety of wondering if the police are going to come to the house. And that's the common theme of this.

Speaker 5 It's like, and you and I are both constitutionalists, but one thing, a lady who put it to me this yesterday, she says, you know what? Would you stop talking like a lawyer and a judge?

Speaker 5 She says, you keep talking about Fourth Amendment, Fifth Amendment, Fourteenth Amendment. People don't understand or need to know that.

Speaker 5 And you know what I realized?

Speaker 5 She's right. You know, the people who call me, listen, the people who call me say, hey,

Speaker 5 I don't know what section of the Bill of Rights it is, but there's just something inherently wrong with coming into my house and counting heads on who's eating turkey and on a side note along with that they say to me that how can he do this what's the fine how it started was a week and a half ago a man came up to me at a local at Stewart's a local shop and said hey you know my wife and I are arguing about going to our son's house well there's 14 people going we don't want to get a ticket or a fine and and so that just set me off you know and I said sir it was a veteran I said you served our country you should be able to have

Speaker 5 Thanksgiving with your family. And I just said, but if you guys are not well and it's risky, don't go.
But I got to tell you another funny story, and this one I think is probably the first thing.

Speaker 4 Real quick. Real quick.

Speaker 5 I'll make it quick, okay? Lady says to me, what would your father think of doing this, you know, bucking the governor? I said, my father was a pediatrician for 50 years.

Speaker 5 He would say, why don't you go to Matilda Cuomo, sit down with Andrew, stop being a knucklehead, stop being a Sicilian, you're both Sicilians, have a nice spaghetti dinner, and decide how you can both work together to better this country and save more people in a constitutional framework.

Speaker 5 That's what my dad would say.

Speaker 2 Yeah, that's not going to happen.

Speaker 2 Richard Giardino,

Speaker 2 thank you so much. God bless you.
Thank you. And thanks for being a sheriff that understands and protects the Constitution.